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HomeMy WebLinkAboutCouncil November 9 20051 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. WHATCOM COUNTY COUNCIL Regular County Council November 9, 2005 Council Chair Laurie Caskey- Schreiber called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Barbara Brenner Dan McShane Sam Crawford Seth Fleetwood Sharon Roy L. Ward Nelson FLAG SALUTE ANNOUNCEMENTS Absent: None Caskey- Schreiber announced there was discussion with Whatcom County Public Works Director Jeff Monsen regarding two issues - potential litigation and property purchase (AB2005 -018) in executive session during the Committee of the Whole meeting. Nelson moved to authorize County staff to bid on two properties located in Marietta that are on the tax foreclosure list, with maximum bids no greater than what was discussed in executive session. Motion carried unanimously. Caskey- Schreiber announced there was also discussion with Special Deputy Prosecutors regarding pending litigation (AB2005 -018) in executive session during the Committee of the Whole meeting. SPECIAL PRESENTATION 1. COUNTY FUND CASH BALANCE REPORT PRESENTED BY WHATCOM COUNTY TREASURER BARBARA CORY (AB2005 -017) Caskey- Schreiber stated this issue came out of a meeting of the Finance Administrative Committee. She said it might be good information for the Council to have a list of the cash balances on hand so it can make better decisions. Whatcom County Council, 11/9/2005, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Unfortunately, it came at a time that is politically charged. They plan to do these updates regularly so everyone stays informed about where the County is financially. Barbara Cory, County Treasurer, stated the Whatcom County Home Rule Charter requires the Treasurer to submit regular reports to the Council on treasury activities. These reports were provided as a part of the Administrative Finance Committee meetings. At a recent meeting, Councilmember Caskey- Schreiber asked her to make this presentation to the Council as a whole, and invited her to make this presentation. Key policy areas merit the Council's attention. The Administrative Finance Committee is responsible for investment and debt policies. It authorizes and reviews the investment decisions of the Treasurer. Over the years, this committee has struggled with the issue of cash forecasting. After several years of receiving declining fund balance prediction, her staff began monitoring cash balances so they can make more informed investment decisions. They saw that fund balances have been increasing, not declining as predicted. Many revenues are cyclical, intermittent, or steady with huge variances. This makes revenue forecasting and cash management a challenge. It also makes budgeting decisions difficult. Budgeting tools are provided that have been helpful. However, a better understanding of the County's cash balances will help round out the context of the challenging budget decisions that the Council faces. The information includes a summary report of cash balances for all County funds. The current balance of all County funds as of September 30 is $79 million. She anticipates this balance to be $95 million at the end of the year. The Treasurer invests these reserves on behalf of the general fund. As of September 30, the general fund interest earnings are just under $2 million, making it one of the largest single sources of County revenue. Interest rates are improving. In 2001, the interest earnings were over $3.3 million because of a favorable interest rate environment. Generally, most County funds are growing, as shown in the graphs in her report. The general fund, road fund, and flood control fund cash balances are shown after adjustments for the variable balances. In the most recent bond rating by Standard and Poor, they note that the County's general fund balance is increasing and growing. Their analysis suggests this is due, in part, to the growth and diversification of the county. Standard and Poor also note that the County historically budgets conservatively, understating revenues over expenditures by approximately $1.3 million on average. Rating agencies are happy to see a growing fund balance. Standard and Poor upgraded the County's bond rating from A to A+ in 2004, which saves the County taxpayers money if and when the County issues debt. Whatcom County Council, 11/9/2005, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. This is the information the Council needs to provide more comprehensive fiscal planning and to ask tough questions, such as the appropriate level of taxation for County citizens and the appropriate level of reserves, given the County's planned capital projects and projected ongoing expenditures and revenues. These are difficult questions the Council must answer for the County's financial health. Due to the attention of this report, she may be expected to reveal huge fund balance surprises and proof that the County doesn't need the money it is collecting. That is not the intended purpose of consequence of this report. However, there is a fiscal policy issue about accurately reporting revenue, expenditures, and fund balances to the public. The Council must discuss and consider it. For example, the final budget for 2004 indicates that the general fund for 2004 was going to spend down $3.4 million of fund balance. However, the Comprehensive Annual Financial Report (CAFR) shows that the general fund actually gained $2.7 million. This is a variance of over $6 million from the County's budget documents. The CAFR reports from 1999 through 2004 showed a general fund spend down, but this only occurred in 2001. If people haven't read the CAFR reports, they wouldn't know the County's financial position is significantly different from what the budget indicates. She asked how the citizens of the County can monitor the County's needs and performance, given these kinds of variances. She asked the Council to: 1. Consider making reports accessible to the public on the website, preferably monthly. The reports should indicate whether revenues and expenditures are different than anticipated. The reports should be in a simple format the public can easily read and understand. The citizens will be able to monitor the County's needs and performance. 2. Adopt a fund balance policy for each County fund prior to or during the next budget cycle. Establish and identify appropriate fund balance levels for: • operating revenues, to provide additional funds for limited and unexpected needs and cash flow requirements; • catastrophic or emergency reserves, to provide limited emergency funds in the event of a manmade or natural disaster; • special reserves for self- insurance, required bond reserves, and other similar requirements • capital project reserves, tied directly to the capital planning process to facilitate the replacement or acquisition of capital facilities and equipment. A fund balance policy would help all elected officials and department heads identify and justify the County's level of cash. The administration, specifically Pete Kremen, has put the County in the best financial position it has ever been in since she began working for Whatcom County in 1965. She supports transparent budgeting and financial reporting to the citizens. It's difficult to understand the County's financial report. They are all financial stewards of the public's money. Whatcom County Council, 11/9/2005, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. They scrutinize the expenditures closely. They should be equally committed to providing better information to the citizens, detailing how the County intends to use the fund balances by identifying any monies for any specific projects, reserves, or specific uses. The citizens would be better informed if and when the County needs to ask for additional revenue in the future. She will work with the Council, administration, and other elected officials to achieve this goal. She will prepare similar reports to the Council periodically. Nelson asked the reason the graphs in the report identify the beginning of December and June. The fiscal year for the State is July 1. He asked why Treasurer Cory chose those dates. Cory stated the County's fiscal year is January 1 to January 1. They started with December to get it on the chart, and showed what the chart looks like six months later. Crawford asked about designating reserves. It seems to be a catch -22 because the Council doesn't know where it might need the money. It's scary for the Council to start designating particular areas. Something else might come up that the Council didn't anticipate, and then the County wouldn't be able to touch the money because it's designated for something else. Cory stated they can always reevaluate how they've designated the money, but at least the money is set aside for a catastrophe. If another need comes up that is just as important, they would evaluate whether or not to use the funds for the new need. Crawford asked if Treasurer Cory is not talking about making a commitment to the citizens that the County won't ever touch the money for anything else, and if the idea is to just develop a concept and planning tool. He doesn't understand the difference between that and a general reserve. Cory stated cash sitting in a fund can be wasted away when they intended to save money for a particular project. Crawford stated that's the opposite of what's happening. The County is not wasting the reserves. It is accumulating reserves. Cory stated that's correct. It would be nice for the public to know for what exactly the County is accumulating the reserves. The fund balance reports makes it look like the County has a lot of money. However, the County has many projects on which it intends to use those monies. If the money was designated for those specific projects, it's better information for the public. McShane stated an important discussion for the Finance Administration Committee is how to plan for investing that money while the County holds it. For example, the Council budgeted $5 million more than last year, which was carryover for specific projects. Certain things come up that may prevent the money from being expended the year it was budgeted. That money would need to be carried over to the next year. The question is whether the money is being used in the best way by just sitting there. There is a disconnect between what the Treasurer does in Whatcom County Council, 11/9/2005, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. terms of investments versus what the administration is trying to do. Over a longer term they may be able to get a better investment rate. Cory stated that if they knew that specific monies go to specific projects, they could better monitor the cash flow needs for that project, and they can invest funds over a longer term with better interest. Not knowing exactly how the money is going to be used or spent, they have to keep their investments in a shorter term. Caskey- Schreiber stated this is the reason she decided to bring this issue forward to the County Council. The County must capitalize on these increasing interest rates. Try to make the citizens' money create more money. Treasurer Cory does a fabulous job for the County. Dewey Desler, Deputy Administrator, stated County government has a fairly complicated budget. The County has hundreds of funding sources and very constrained legislative requirements. The County is in a two -year biennial budget. He's proud of the County's reports. Whatcom County gets national recognition for the quality of its budgets and financial reports. He is open to ideas for improvement. The budget and financial reports are online. The administration is available to explain and describe what is going on. He is not a member of the Finance Administration Committee. To give the Council better information, he needed more time to prepare. This is the first time the report on cash balances has ever been provided to the people in the county. He hopes they are only clarifying the kinds of things that are going on. Each of the many County funds have different requirements set by law. The fund with the most attention is the general fund. He read his presentation on the general fund (on file). Fifteen percent of the annual budget is kept as a base reserve. It is also used as a reserve for unanticipated expenses. The most current, updated revenue projections anticipate using $400,000, not $2.4 million, from reserves for the 2005/2006 biennium. He continued to read the presentation on general fund future issues. He continued to read a description of other County funds, including the real estate excise tax (REET) 1 fund, REET II fund, public utilities fund, administrative services fund, equipment revolve and rental (ER &R) fund, road fund, and flood fund. Based on current patterns, they see a reduction in the fund balance every year. The administration will make efforts to bring in more revenue and be careful about expenses so the fund balance reduction may not happen. He continued to read the presentation on revenues, additional service requests, and one -time capital projects. Whatcom County Council, 11/9/2005, Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. The administration is making every effort to use resources to maintain core services for the county. They want to maintain stable services with a long -range perspective. They've done that, and will continue to do that in the future. Caskey- Schreiber stated the councilmembers had a lengthy discussion on this issue earlier in the day. Nelson stated include this issue in with the strategic planning processes to get everyone on the same page and use the funds optimally. Brenner stated she likes the idea of periodically updating the County website with information on what the County is doing, in layperson's terms. The County doesn't do that as often as it could. Caskey- Schreiber stated the County's budget is on the County website. It is a well -done budget that is easy to follow. Crawford stated the Assessor does a great job with a little tax booklet every year. One idea is to create something like that for the budget. ADDENDUM: 2. RESOLUTION SUPPORTING PROFESSIONALLY TRAINED PUBLIC POLICING AGENCIES AND OPPOSING ARMED MILITIA ENFORCING AGAINST BORDER AND OTHER CRIMES (AB2005 -431) Brenner stated she is very disturbed by a lot of fear that is happening in the community. There are many new people in Whatcom County. The Council has passed strong resolutions in the past about protecting civil rights and opposing bigotry, racism, and malicious harassment. Many people have approached the Council about their concerns about an armed militia on the border enforcing what the public policing agencies enforce. There was agreement about who should do what and how. She wrote a draft resolution to provide reassurance to the public. (Clerk's Note: End of tape one, side A.) Brenner read the resolution into the record. Caskey- Schreiber moved to approve the resolution. Motion carried unanimously. MINUTES CONSENT Fleetwood moved to approve the Minutes Consent items. Whatcom County Council, 11/9/2005, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Motion carried unanimously. 1. COMMITTEE OF THE WHOLE FOR OCTOBER 11, 2005 2. REGULAR COUNTY COUNCIL FOR OCTOBER 11, 2005 3. SPECIAL COMMITTEE OF THE WHOLE (LETTER TO FCC) FOR OCTOBER 18, 2005 OPEN SESSION The following people spoke: Sharon Monteiro, Bellingham, stated the City of Tucson City Council may approve the same resolution the Bellingham City Council passed. Bellingham City Council Member Barbara Ryan's personal information are listed on a national hate group websites because she was a cosponsor of the resolution. This is not unexpected in communities where the Minutemen set up operations. The City has received mail in support of its resolution and also hate mail against the resolution. The Minutemen are scheduled to monitor borders again in April and possibly in February. The Washington leader of the Minutemen have referred to her as an anarchist and a domestic terrorist. They are only trying to work within the system to bring about change. Lance Hillengass, 57 Beaver Lane, Sudden Valley, stated seven lots in Sudden Valley are coming up for a foreclosure sale on November 18. He asked that the Council bid on the lots and make the lots permanent green space. Sudden Valley is not in the position to bid large dollar amounts for those lots. They will have to spend money to maintain three lots in Sudden Valley and satisfy the bond issue with Water District 10. Crawford asked the market value. Hillengass stated market value has been extremely volatile in Sudden Valley. He has not done any research on these seven lots in particular. McShane asked if the Sudden Valley Association is having a difficult time meeting the total goal of density reduction because it is unable to bid on lots. Hillengass stated the Sudden Valley Association is putting lots into the density reduction program, but it's a financial stretch. Now, utility local improvement district (ULID) lots are coming up that people are bidding on and developing. Crawford asked if the lots can be redeemed by their owners until November 18. It's possible a number of the lots will be redeemed because of the high value of Whatcom County Council, 11/9/2005, Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. the lots, but they don't know for sure. He asked the administration to update the Council on the status of what isn't redeemed. McShane asked the cost of the ULID. Hillengass stated ULID's are going for about $5,500 each, bonded at approximately $2,900 each. Tim Paxton, 2120 Ellis, Clean Water Alliance, stated there is a new forest practices application to clear 117 acres in the reservoir. When the current landscape management plan was developed, the lake wasn't on the current 303(d) list. The County is going to have to spend millions of dollars on stormwater. The State Department of Natural Resources (DNR) clear cuts will release tons of sediment phosphorus into the lake. Every time phosphorus gets into the lake, the County will have to clean it up. The DNR isn't responsible for cleaning up it's sediment load. McShane stated the landscape plan was created after the lake was listed on the 303(d) list. It was driven by desire to reduce phosphorus loading. Paxton stated the lake reservoir condition is severely limited by phosphorus. He asked the Council to revisit this information now that the State Department of Ecology has new information about phosphorus loading in the lake. Take another look at how DNR clear cutting will affect it. Johnnie Granes, 4478 Northwest Drive, Bellingham, stated there is another level funding for the court system and law enforcement. He has made a public disclosure request. He sees a lot of abuse of power, politicization, and corruption in the courts and by law enforcement. Have an efficient government that serves the people well. He doesn't have the resources to come up with recommendations to make it better. Ian Morgan, 916 E. Maple, Bellingham, stated he has asked the Council to approve the resolution opposing the Minutemen. He thanked the Council for approving the resolution passed earlier this evening. He invited Councilmembers to a showing of a documentary so they could get a better sense of what the Minutemen are really about. It is an expose' of the anti - immigrant politics that underlie the Minutemen project. Human rights activists and residents of border communities shot the documentary to illustrate the story of border tensions from the point of view of those affected, while also revealing the underlying motivations of the vigilantes through interviews and footage of their nighttime patrols. The documentary will be shown on Wednesday, November 16 at 7:00 p.m. at the Western Washington University Communications Building, Room 105. Patrick Alesse, 4825 Alderson Road, Birch Bay, stated he thanked the administration for the finance presentation. A subcommittee of the Birch Bay Steering Committee wants money for a study on the possibility of incorporation of Birch Bay, in the amount of $100,000 to $120,000. They have people at either end Whatcom County Council, 11/9/2005, Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. of the bay who don't want to be part of Birch Bay incorporation. That's why they need a study, so those people can make an informed decision. Crawford asked if there is money for that from the State Department of Community, Trade, and Economic Development (CTED). Roy stated she didn't know. Crawford stated it's a great idea. Caskey- Schreiber stated the Council concurs that it's a great idea. Charles Law, Bellingham, stated he is glad the Council passed the resolution. In addition to being visual in law enforcement, citizens should also look out for services and trust. Assist people in their quality of life. As long as there is economic instability, there will be economic refugees. As a whole, they should lobby lawmakers and businesses to solve the immigration problem. Demand that the big box stores stabilize the economy in the county by paying a living wage and providing decent health care. People should voluntarily contribute to the welfare of the community and the country. Mark Palmer, 5581 Everson Goshen Road, Bellingham, stated he lives just north of Ten Mile Creek, where Everson Goshen Road goes through a series of extreme valleys and peaks that severely limit a driver's vision. Entering and exiting the driveways along this stretch of road is harrowing. Numerous school buses stop at these driveways and experience the same hazard. The 50 mile per hour speed limit exceeds the County's stopping sight distance requirements. The Engineering Division concurred, which creates a liability issue for the County. The correct speed limit is 40 miles per hour. All property owners and residents, except one, on Everson Goshen Road, between Hemmi Road and East Smith Road, signed the petition to change the speed limit. He asked the Council to respond to their request. This issue is not just a matter of opinion. It is a matter of fact the Council must act upon before a serious accident or fatality results. Brenner asked Mr. Palmer to leave his address and phone number so she can schedule the issue in the Public Works Committee. PUBLIC HEARINGS 1. RESOLUTION TO DISPOSE OF TAX -TITLE PROPERTY BY DEED TO THE CITY OF BELLINGHAM FOR LAND LYING BENEATH CITY STREETS, REQ. #2005 -06 (AB2005 -409A) Caskey- Schreiber opened the public hearing and, hearing no one, closed the public hearing. Whatcom County Council, 11/9/2005, Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Nelson moved to approve the resolution. Motion carried unanimously. 2. RESOLUTION REGARDING APPLICATION FOR A COMMUNITY DEVELOPMENT BLOCK GRANT (AB2005 -412) (Clerk's Note: The CDBG required handouts were included in the Council's packet and available to the public at the public hearing.) Dewey Desler, Deputy Administrator, gave a staff report and stated the County Executive would like to move forward with an application for the North Fork Community Resource Center program. There is not an actual location set yet, but he wants to put in an application to that process. Caskey- Schreiber opened the public hearing and the following people spoke: Rebecca Johnson, 2804 Iowa Drive, Interfaith Community Health Center Operations Director, stated she supports the proposed resource center. She described the Health Center's background and patient load. Interfaith Community Health Center would consider offering its health clinic services at the center if the resource center is built. They have identified staff who would be interested in working at such a site. Jan Hunter, Early Childhood Opportunities Northwest, which is the Head Start program for the county. She definitely supports the North Fork center building. Of the 18 families they serve, 16 live in the Kendall area. She described the purpose of Childhood Opportunities Northwest. The employees of Childhood Opportunities Northwest live in the Kendall area. If more space were available than is available now at their Deming location, they would be able to serve more children from the Kendall location. Paul Schissler, Planning Consultant, stated he would like to thank the Council for pursuing this application. This is an opportunity to increase services to a high - need area. They were able to create similar facilities in Skagit County, and they had a dramatic impact on thousands of families. Both are growing and need to expand their services. It's an effective way to provide a single location for people to receive a wide variety of services from many agencies that could be there either full time or occasionally. Island County has created three such facilities. It's an excellent idea. He's pleased the County has found money from it's own fund to leverage State funds and compete for federal funds. Hearing no one else, Caskey- Schreiber closed the public hearing. McShane moved to approve the resolution. Whatcom County Council, 11/9/2005, Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Caskey- Schreiber stated it's fantastic that they're pursuing this. The Kendall Community Resource Board feels optimistic about it. She hopes they can keep it going. Motion carried unanimously. CONSENT AGENDA Nelson reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through five. Motion carried unanimously. 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE AWARD OF BID #05 -77 FOR CONSTRUCTION OF THE JAIL WORK CENTER AND TRIAGE CENTER, TO LOW BIDDER, IMPERO CONTRACTING, AS WELL AS ENTER INTO A CONTRACT WITH IMPERO CONTRACTING FOR THIS WORK, IN THE AMOUNT OF $7,467,285 PLUS THE COST OF BACKFILL REPLACEMENT AND WATER VAPOR EMISSION CONTROL SYSTEM (AB2005 -420) Crawford asked the date they anticipate ground breaking. Dewey Desler, Deputy Administrator, stated next Monday they will release the contractor to begin construction. They are to be done within 300 days. He hopes it will be done sooner. Crawford asked if there is incentive to get it done sooner. Desler stated their good name. He's pleased they've gotten to this point. It's a big deal for the community. 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND CATHOLIC COMMUNITY SERVICES RECOVERY CENTER TO PROVIDE FAMILY SUBSTANCE ABUSE PREVENTION SERVICES, IN THE AMOUNT OF $20,000 (AB2005 -421) 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO THE FIRST AMENDMENT TO AN INTERLOCAL JOINT MANAGEMENT AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM TO CLARIFY THE DUTIES AND RESPONSIBILITIES REGARDING MAINTENANCE AND MONITORING OF THE ON -SITE DAM ON THE PROPERTY COMMONLY REFERRED TO AS THE " "ANDERSON PROPERTY" (AB2005 -422) Whatcom County Council, 11/9/2005, Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AMENDMENT #1 TO THE CONTRACT BETWEEN WHATCOM COUNTY AND PACIFIC SOFTWARE ASSOCIATES TO PURCHASE AN UPGRADED BACKUP SYSTEM FOR THE NEW ISERIES SERVER, IN THE AMOUNT OF $38,658.77 FOR A TOTAL CONTRACT AMOUNT OF $359,443.39 (AB2005 -423) S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A LEASE AGREEMENT BETWEEN THE WHATCOM COUNTY SHERIFF'S OFFICE AND RON AND ANNE CRUTCHER TO SECURE OFFICE SPACE FOR THE DRUG TASK FORCE, IN THE AMOUNT OF $1,625 PER MONTH (AB2005 -424) OTHER ITEMS 1. ORDINANCE AMENDING THE 2005 WHATCOM COUNTY BUDGET, ELEVENTH REQUEST, IN THE AMOUNT OF $110,880 (AB2005 -418) Nelson reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. Motion carried unanimously. 2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN MAP AND THE WHATCOM COUNTY ZONING MAP FOR APPROXIMATELY TWO ACRES WITHIN THE SOUTHERN UGA BOUNDARY FOR LYNDEN (AB2005 -084D) Fleetwood reported for the Planning and Development Committee and moved to forward to the concurrency hearing. Motion carried 6 -1 with Crawford opposed. 3. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED APPROVAL OF A MAJOR PROJECT PERMIT, SHORELINE SUBSTANTIAL DEVELOPMENT, AND SHORELINE CONDITIONAL USE APPLICATION BY NORTHWEST PIPELINE CORPORATION FOR " "CAPACITY REPLACEMENT PROJECT" (AB2005 -419) Fleetwood reported for the Planning and Development Committee and stated there is one amendment. He moved to amend Council packet page 85, "43. Sediment barriers shall be in place when necessary throughout clearing and construction...." Whatcom County Council, 11/9/2005, Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Motion to amend carried unanimously. Fleetwood moved to adopt the Hearing Examiner recommendations, as amended, and to grant approval of the permits. McShane stated he had a concern about the final environmental impact statement. The applicant cleared up his concern about strain gauges on the Sumas Pipeline. Motion carried unanimously. 4. APPOINTMENT TO DRAINAGE DISTRICT #2 VACANCY, APPLICANT, CURTIS MABERRY (AB2005 -395) McShane moved to appoint Curtis Maberry. Motion carried unanimously. S. APPOINTMENT TO DRAINAGE IMPROVEMENT DISTRICT #15 VACANCY, APPLICANT, NICHOLAS SPOELSTRA (AB2005 -396) McShane moved to appoint Nicholas Spoelstra. Motion carried unanimously. 6. COUNCIL TO RESCIND A #2005 -062 IN ORDER TO RESOLUTION (AB2005 -411) MOTION THAT APPROVED RESOLUTION ACCEPT AND VOTE ON A SUBSTITUTE Brenner moved to rescind the vote to approve the resolution. Caskey- Schreiber stated the motion is to approve the resolution as it is in the Council packet, with a Nooksack Tribe representative and a business community representative. Motion to approve the resolution with two new representatives carried unanimously. Brenner moved to rescind the vote to approve the resolution, taken during the Council's regular meeting on October 25, 2005. Motion to rescind the vote carried unanimously. INTRODUCTION ITEMS Whatcom County Council, 11/9/2005, Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Brenner moved to accept the Introduction Items. Motion carried unanimously. 1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, WCC TITLE 20, CHAPTER 20.71 — WATER RESOURCE PROTECTION OVERLAY DISTRICT AND CHAPTER 20.97 — DEFINITIONS TO PROVIDE ADDITIONAL REGULATORY PROTECTION FOR THE LAKE WHATCOM AND LAKE SAMISH WATER RESOURCE PROTECTION OVERLAY DISTRICTS (AB2005 -425) 2. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE YEAR OF 2006 PURSUANT TO HOME RULE CHARTER SECTION 6.10 (AB2005 -426) 3. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY CONSERVATION FUTURES PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE YEAR OF 2006 PURSUANT TO HOME RULE CHARTER SECTION 6.10 (AB2005 -427) 4. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY ROAD PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE YEAR OF 2006 PURSUANT TO HOME RULE CHARTER SECTION 6.10 (AB2005- 428) S. RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT FOR THE YEAR OF 2006 (AB2005 -429) (COUNCIL ACTING AS THE GOVERNING BODY OF THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT) 6. ORDINANCE AMENDING THE 2005 WHATCOM COUNTY BUDGET, REQUEST #12, IN THE AMOUNT OF $923,766 (AB2005 -430) OTHER BUSINESS and REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Brenner stated the Council isn't going to have another meeting before the foreclosure sale. Caskey- Schreiber stated the Council can talk about it during the Joint Lake Management meeting. Brenner stated she likes the idea of the County taking those off the roles. Caskey- Schreiber stated the Council must discuss it in an executive session. Whatcom County Council, 11/9/2005, Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. (Clerk's Note: End of tape one, side 8.) Crawford stated he believes the November 18 date is the deadline for the owners to redeem the properties. The actual auction would occur at some date to be set in the future. Caskey- Schreiber stated the Council can schedule it in executive session for discussion in two weeks. Nelson stated things are happening in the mental health arena due to legislative intent and administrative desires. The legislature wanted to make sure things were done equally, so it passed a bill to require local regional support networks (RSN's) to prepare requests for qualifications (RFQ) on how they would make sure everyone receives adequate and fair service levels. Unfortunately, it's gone through a process with State Department of Social and Health Services (DSHS), and additional restrictions have been added. He has a letter from Senator Hargrove, who is concerned about those additional requirements. Mr. Gary Williams is the Whatcom County Health Department staff who works on mental health and substance abuse. Gary Williams, Human Services Division Manager, stated there is a potential problem. The State issued an RFQ to all the RSN's in the state. The intention was to prove that they're capable of managing the public process and can provide effective treatment and services. This was done in reaction to an earlier attempt to privatize the public mental health system and turn it over to private, for - profit entities. The County Council passed a resolution this spring strongly opposing eliminating counties and RSN's from having a role in the public mental health arena. The concern of the North Sound RSN is that the RFQ has elements that don't exist in the current contract. They're being expected to meet that new requirement. For example, they are responsible for managing all the inpatient costs, which have previously been handled by the medical service administration at the State. That's being transferred to the RSN. At this point, the funding is being kept at the state, but the cost is being shifted to the RSN's. That means the dollars needed to cover the necessary billing and monitoring process comes out of direct services. Other requirements that have been added include 100 percent review of all treatment plans and intakes. That is not logical. Review can be done if there is a concern about a treatment plan. However, reviewing 100 percent of the treatment plans requires a huge staff commitment, and the cost must come out of direct services. The State's RFQ doesn't allow the current RSN's to compete. Should the North Sound RSN not get a fair review, it's a matter of great concern. It may indicate a different motivation in how the RFQ was developed by the State. Nelson stated he wanted to keep the Council informed of the situation. The Council needs to see how the State responds to the letter about going beyond the Whatcom County Council, 11/9/2005, Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. scope of the legislative intent. This is a multi - million dollar impact to services for an element of the population that does not have a voice. Brenner stated she would like to work with Councilmember Nelson and Mr. Williams to write a letter to the State supporting the way it is and don't go any further on this. Don't wait. Support what Senator Hargrove is trying to do. She's concerned that the issue has gotten this far. Don't wait on this. Crawford asked if Senator Brandland and Senator Spanel have been contacted. Nelson stated they are fully aware of it. The intent of the legislators was to preserve the local RSN's that were fully meeting the letter of the law and providing services to the communities. They also wanted to recognize areas in the state that aren't meeting the needs of the communities. They wanted to give an opportunity for other agencies and groups to help those areas in need. However, the RFQ and proposal itself has gone beyond the scope. That is a problem. Once he has more information from a meeting on November 10, he will be able to draft a letter that makes sense. Caskey- Schreiber stated the Council will have a draft letter to vote on at the next meeting. The Council concurred. Karen Frakes, Senior Civil Deputy Prosecutor, stated the actual tax sale is November 18. people have the right to redeem until 4:00 p.m. on November 17, but a decision needs to be made before November 18 about whether or not the County is going to bid on that property. Caskey- Schreiber stated the Council will schedule an executive session next week to discuss it. Roy reported for the Natural Resources Committee and stated there was discussion regarding a recently received SEPA determination for the proposed ordinance amending Whatcom County Code Title 11, Boating and Swimming, to limit the use of limb- propelled flotation devices on the South Fork of the Nooksack River from June 1 through October 31 (AB2005- 173A) during the Natural Resources Committee. This item will come to the Council at the next meeting. Nelson stated he is attending a conference on health access issues, and he will not be able to attend the joint meeting. ADJOURN Whatcom County Council, 11/9/2005, Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. The meeting adjourned at 8:47 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on November 22-, 2005. ATTEST: Dana Brown - Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Laurie Caskey- Schreiber, Council Chair Whatcom County Council, 11/9/2005, Page 17