HomeMy WebLinkAboutCouncil October 25 20051
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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
October 25, 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
SPECIAL PRESENTATION
Absent:
None
1. COUNTY FUND CASH BALANCE REPORT PRESENTED BY WHATCOM
COUNTY TREASURER BARBARA CORY (AB2005 -017)
This item was postponed to November 9, 2005.
ANNOUNCEMENTS
Caskey- Schreiber announced that the discussion with the Administration
regarding a potential property acquisition (AB2005 -018) for the Committee
of the Whole meeting was canceled.
MINUTES CONSENT
Nelson moved to approve the Minutes Consent items.
Motion carried unanimously.
1. WATER RESOURCES WORK SESSION FOR SEPTEMBER 20, 2005
2. BOARD OF HEALTH FOR OCTOBER 4, 2005
Whatcom County Council, 10/25/2005, Page 1
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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.
OPEN SESSION
The following people spoke:
Richard Hartley, 5986 Paradise Drive, Ferndale, stated he represents the
American Legion Post in Ferndale. There is a problem in Ferndale. They have a
radio station that kicks out 50,000 watts and eliminates any possibility of the
American Legion having a phone and small public address (P.A.) system. He
realizes this is a federal issue, but all politics is local. They've written to their
senators and representatives. They have not chosen to answer them yet. He
hopes for the County Council and County Executive to bring this to attention. The
biggest station is about 10,000 watts. Most are about 5,000 watts. This station
doesn't serve Ferndale to any great extent. It's designed to serve the lower
mainland of British Columbia and Vancouver Island. It creates a problem for their
phone system. The federal government will say that the phone service is not their
problem. However, the output of that station is the problem of the federal
government, and the radio station is required to serve the local public, not to
destroy it. Phones in nearby homes don't work, either. Those homes have been
there before the radio station was allowed to increase its watts. He hopes
someone would reduce it back to a level to serve Whatcom County.
Charles Lott, 1213 Whatcom Street, Bellingham, stated he calls on the
Council to voice its opinion on the Minuteman issue. Don't be silent in opposing the
activities of armed citizens and militia groups that serve as a potential danger and
fear within Whatcom County. Join with the President to promote programs that
provide economic and labor needed without harming American workers. They need
solid and unified immigration reform that allows safe, legal, and orderly
immigration, including immigrants who already live in the United States. They need
the County Council to endorse this resolution and not be disillusioned by claims of
patriotism and self- appointed vigilante groups that only plant seeds of hate and
violence in the community.
Allen Johnson, 8186 Stein Road, Custer, submitted and read from
information (on file, Exhibit A). He has been a licensed amateur radio operator
since 1956. He has been associated with the Emergency Services Division since
1958. He has been involved with Search and Rescue and the American Red Cross
with communications. Through all this time, he spent more time on towers and
antennas than any amateur in the county. For years, he's watched the fight with
the radio station. He did some work on an antenna in 1996 when he received
shocks that were due to the radio station.
Leo Piotrowski, 9999 Mt. Baker Highway, Glacier, stated the County made a
decision to update the Foothills Subarea Plan next year. He thanked the Council,
Whatcom County Council, 10/25/2005, Page 2
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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.
Executive, and Planning Department for working with the community in this
process.
A committee of six people is working on the consultant selection with the
Planning Department. In addition, the Council will create a process to create a
steering committee for this issue.
Roger Lednig, Empire Telephone, Ferndale, stated all their business is with
commercial businesses. The radio frequency (RF) interference from the radio
station in Ferndale gets into every conceivable telephone apparatus, including
telephones, P.A. systems, fax machines, and dialup internet. He's been fighting
this well over ten years. His customers are always asking for their help to get rid of
the interference. They've installed filters, which do little or no good. It's almost
impossible to get rid of all of it. He's worked with Verizon closely to get the filters
installed. In 1997, he wrote a letter to the FCC to get their engineers to the
location. In 2002, he followed up with the FCC. He submitted information (on file,
Exhibit 8). Numerous businesses are affected because they can't carry on phone
conversations, fax machines are producing illegible or missed and corrupted data.
Dialup service is affected. Many calls are dropped. Please help with this matter.
Marianne Elgart, Ferndale City Council Member, submitted and read a letter
to the County Council (on file, Exhibit C). KRPI Radio in Ferndale interferes with
telephone, computers, and other electronic equipment. Please support the letter to
the FCC.
Crawford asked if the City Council plans to send a letter to the FCC. Elgart
stated it does.
Aileen Satushek, Axton Road, asked the Council to approve a resolution
discouraging the presence of the Minutemen at the border. She read the
Bellingham City Council resolution in to the record (on file, Exhibit F).
Ian Morgan, 916 E. Maple, Bellingham, asked the Council to approve a
resolution opposing the Minutemen. Many people have talked to the Council about
this resolution. Get the message from the community. Put the resolution on the
Council agenda and approve it. At least address the issue.
James Kaufman, 5873 Madrona Drive, Ferndale, stated he represents the
Citizens Against High RF Power at KRPI. He's been in electronics for over 50 years,
including in the Air Force and State of Washington. The station is running at a high
power and using directional antennas to get the signal into Canada. They were
using three antennas during the day time with 50,000 watts. After sunset, they
have to reduce the power to 10,000 watts. When that happens, things are different
in Ferndale. Citizens may be able to live with 10,000 watts. They radiate the
signal about 35 degrees due north, going through the center of town. The radio
covers Vancouver Island, all the way to Kootenay Bay, which is north of Nanaimo.
Whatcom County Council, 10/25/2005, Page 3
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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 signal swings over to Hope and cuts back down through Marblemount,
Burlington, and back to this area. The signal is very broad. The signal puts out a
lot of harmonic radiation. He explained harmonic radiation. The FCC allowed this
station in 1992 because it was only 1,000 watts. It used to be in Bellingham. That
power is radiated into the hill in Ferndale. It radiates off water towers, tanks, and
metal. All that signal is coming back into town. He recommends 10,000 watts
instead of 50,000 watts.
Walter Ilyin, stated he strongly opposes the moratorium in the Geneva area.
Johanna Brunty, Ferndale, stated she went door -to -door collected signatures
from people on a petition to reduce the power from KRPI Radio. She lives less than
a half -mile from the station. It comes through on every radio channel. It interferes
with her phone. She is most concern with how the powerful radio waves affect her
health, if they are strong enough to burn hands through the air. She joined a
group of citizens who are working on a petition to reduce the power of the station.
All the people she talked to were grateful to her for working on this. People can't
work from their homes because of the interference. She read a letter written by a
neighbor, Karen Cook, who was not able to come to the meeting. The radio station
interferes with the monitor of a resident who is a paraplegic.
Norma Otto, Kendall Watch, gave the Council a list of their accomplishments
and goals (on file, Exhibit D). She thanked Councilmember Brenner and Executive
Kremen for their help on Kendall Clean Up Day; Councilmember Caskey- Schreiber
for her help with kids; the Sheriff's Office for help getting rid of junk cars, and; the
Health Department in helping with blight properties. The numbers are staggering.
They have removed 277 tons of garbage, 432 tons of scrap metal, and 425 hulk
vehicles. There is more work to do.
Sheila Weber, 2350 Douglas Road #25, Ferndale, submitted information (on
file, Exhibit E) and stated she is opposed to the radio station which causes
interference in Ferndale. This information will go to the FCC. At a general meeting
in September, 51 residents showed up. The residents provided information on the
problems they have experienced and were given information on who to write at the
FCC and the radio station. When she contacted the general manager of the radio
station, Andy Struiksma, he indicated to her that he didn't know what was going
on. She told him the residents were outraged about the problem and they were
doing something about it. Mr. Struiksma commented that the radio station would
have the same problem as it did in Bellingham if the power was reduced to 10,000
watts. She told him to reduce the power to 10,000 watts, and then they'll talk if
there is a problem. At that time, Mr. Struiksma said he would take the issue to the
owners. That conversation was held this summer. They are not only collecting
petitions and distributing information, they are now in the process of writing the
complaint. It's important that the Council advocate for the community.
Whatcom County Council, 10/25/2005, Page 4
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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.
Nancy King, 2386 Tuttle Lane, Lummi Island, stated she urges the Council to
approve a resolution proposed by the Coalition for Professional Law and Border
Enforcement. At a recent Coalition meeting in Lynden, they had a discussion with a
member of the Minutemen and several other supporters, who said the need for the
Minutemen is due to immigrants who enter the U.S. illegally. They did not fault the
local border enforcement in any way. They can all agree there are problems with
the way immigration laws are being enforced. However, there is little question of
the appropriate method for enforcing those laws, especially when it comes to
border crossings. Borders should be protected by trained professionals to whom
the community has given authority and responsibility. If the community is not
happy with the job the enforcement is doing, there are appropriate methods of
recourse. This is a representative government. The Minutemen need to be working
with their representatives in their own areas. Sitting in pickups with guns and
frightening nearby families is not appropriate. Convey a clear and unified message
to the Minutemen that Whatcom County prefers other methods to bring about
change.
Dave Edmondson, 3484 North Red River Road, Ferndale, submitted and read
from his testimony (on file, Exhibit G) and stated he also represents the Residents
Against High Power Radio Interference.
Mary Dumas, 8415 Carl Road, Sumas, stated silence is endorsement. The
Council has a unique role to communicate to people about the community's way of
being in terms of cultural differences. Some councilmembers said the Minutemen
are not breaking any Constitutional law. However, this is not about their right to
protest. It's about their method of protest, which includes parking their trucks with
armed individuals in areas where she spends her time. It behooves the Council to
have this conversation. In other communities, there has been an escalation in
vigilantes where Minutemen have started. The escalation begins when no one pays
attention. There are no limits to the behavior of individuals who are present.
There is no protection for those who are feeling threatened. This all happens in a
climate of silence. The antidote is for the County Council to stand witness. There is
a need to set clear limits about what is and isn't acceptable. Nothing in the
resolution or any requests have said anything about someone being
unconstitutional. It's about taking a stand. An organization can take a stand by
being an example of another alternative. She welcomes people with cultural
differences. She doesn't know that people get that message when the County
Council remains silent and doesn't put it on the agenda for discussion. She is
concerned because she doesn't know why the Council is not talking about it.
Consider the Council's special role to be a witness and provide structure for people
to understand immigration issues. She submitted a book to the Council, Getting to
Peace: Transforming Conflict at Home, at Work, and in the World (on file, Exhibit H)
by William Ury.
Larry Estrada, 516 Sudden Valley, stated he agrees with previous speakers
on the issue of the Minutemen. He served in the United States Marine Corps during
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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 Vietnam conflict as a combat correspondent. The community must stand
together when it is threatened. The Minutemen pose a threat to the community.
That doesn't mean everyone in the organization is a threat. That doesn't mean
they can't voice their opinion. According to the literature on the Minutemen website
and from its spokespersons, this organization is bent upon bringing a new social
and moral order in the United States. The premise of some of the Minutemen
spokespeople and members is to take America back. Pass a resolution that will
uphold professional law enforcement. They are not for vigilante rule in Whatcom
County.
(Clerk's Note: End of tape one, side A.)
Shannon O'Brien, 1811 I Street, Bellingham, stated she thanks the Council
for representing her. Her concern is that the job of councilmember does not match
the councilmembers' pay. She gave the councilmembers apples as a symbol of the
clean environment that the Council maintains. The pay that was established for the
County Council was established in the 1970's, which was before the Council had to
deal with the true pressures of the Growth Management Act and the major growth
in the county. Look at the Council staff, who may be taking the undue burden. If a
Charter amendment is approved by the voters, then establish a committee of
citizens to look at councilmember pay.
Caskey- Schreiber stated Ms. O'Brien is a Charter Review Commissioner.
Ken and Vivian Hartz, 2157 Hillside Place, Ferndale, stated that because he is
a paraplegic, he has an intercom between his room and the upstairs. There are
times that the radio station interferes with the intercom. It poses a critical situation
for him. They also get interference on telephones, radios, and computers, but the
monitors are his biggest concern.
Victor Nolette, 520 Lynden Road, Bellingham, stated he is a Western
Washington University faculty member in the College of Education. Pass the
resolution opposing vigilantism in Whatcom County. The County Council's silence
on this issue is inconsistent with what they know as best practices as teachers.
They know about modeling and good education practices. They are nationally
accredited and have received national accolades for preparing knowledgeable,
thoughtful, and effective educators for a diverse society. Diversity, the right to
assembly, and the right to free speech are held dear. Stand up and be positive
models for teachers and children in the classrooms.
Dr. Tom Williams, 6320 Rutsatz Road, Washington Minuteman Project
Leader, stated they have been working day and night for 25 days. They have 14
members from Whatcom County and visitors from other counties, including three
people from Oregon. This is an observe and report project. If the Minutemen see
anything unusual, they report it to the correct border officials. That's all they do.
He agrees that they don't want vigilantism. They are trying to make a political
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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.
point that the borders aren't secure. Anyone can walk across the borders and blow
something up. A percentage of them will get caught and a percentage won't get
caught. Civilians have no business providing border security. That belongs to the
Border Patrol, which is their first line of defense in this war on terrorism.
Gail Hanna, 4183 Dewey Road, submitted photographs (on file, exhibit I) and
stated one -third of what she had asked the Council for has been done. The Dewey
Road right -of -way has been clearly marked. However, there is still speeding and
lots of large trucks using a local access road as a bypass to the Hannegan Road.
When they fix one of the three problems, they don't fix one -third of the problem
because all those problems depend on each other. She appreciates that the
marking was fixed. However, it has given people who drive down Bakerview carte
blanche to go as fast as they want to because they no longer have to hesitate. In a
five minute period this morning, she counted 14 or 15 cars that were in the wrong
lane and doing about 50 miles per hour. Her family all use a field in which cars
have accidents. She doesn't want her family to get hit. The cars go off the road,
through the fence, and into a field. One car hit her horse, but didn't stop and tell
them. Get stop signs to slow down these people. There should be no trucks or
semis in this road. It shouldn't be a bypass for people who are going from Bellis
Fair to Mt. Baker. On this rural access road with only four houses, she had to wait
for ten cars to pass at 6:00 a.m. to rescue a dog that had gotten loose. That's
excessive. The road may not meet guidelines for stop signs, but it was never
designed according to State or federal guidelines.
Brenner stated this item is scheduled in the Public Works Committee in two
weeks.
Crawford stated he is willing to consider any option to help the area. The
new road striping is a big improvement. However, he has been wondering whether
the thru traffic has speeded up because of it. Ms. Hanna has confirmed his
question. He did see Sheriff deputies ticketing people in the area earlier this week,
which he hadn't seen out there before. The commercial truck issue should be easy.
A weight restriction should solve that aspect of the problem.
Brenner stated they can discuss this in committee.
Dennis Jones, 1487 Sudden Valley, stated he would talk about the Lake
Whatcom Watershed Management Plan. He thanked Councilmember Nelson for
running for office again and for working on the emergency medical service (EMS)
issue. He supports Councilmember Nelson because he is always there when issues
come up. This County Council is wonderful. Sudden Valley is a beautiful
community with some problems they can work with.
First, they deal with models. They know the lake is degraded by human
development activities, in addition to other problems. Get back to the plan. Seven
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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.
years ago, someone came up with a watershed futures plan. It is out there.
Without money, management, a model, and manpower, nothing happens.
He thanked the Charter Review Commission for its work. They have a model
for what works and doesn't work in terms of district -only voting, or ward voting like
Bellingham did. They know it causes contention. It's better to present a positive
model than fight city hall and the powers that be.
He thanked Carl Weimer for his work at RESources.
Maru Villalpando, Seattle, stated she had asked the Council to pass a
resolution like the City of Bellingham just did. She works in areas in and around
Seattle. She works with immigrants and refugees. People keep asking her about
what the County Council is going to say. She wants to know, too. Silence equals
approval. The Council's silence tells her it approves of the Minutemen up here.
Private citizens don't have the right to enforce immigration. People are paid and
trained to do that job. Because she has an unusual name and an accent, she is
afraid. Most of her fellow Latino immigrants are afraid to come up here. They
refused to come up here in fear the Minutemen would take them, even though they
are citizens. Approve a resolution opposing Minutemen. Let the public know what
the Council thinks on this issue.
Judy Davis, 2350 Douglas Road #10, Ferndale, stated she is a member of
Residents Against High Power Radio Interference in Ferndale. There are safety
issues, particularly with RF burns, which are caused by high power interference.
When someone touches a wire that is equivalent to a certain harmonic, the person
can get an RF burn. This also affects children and pets, not just people who are out
working on a radio antenna. There are 50,000 watts going into that community.
Because of environmental and other conditions, it could be increased by a gain of
more than 50,000 watts and even up to 100,000 watts at a certain time. There is
also a safety factor at the facility. There are no fences around the tower except a
short one. There are no warning signs. Those are the issues they are presenting to
the FCC. They would like the Council to support them.
Alex Hudson, 1212 High Street, Bellingham, stated they are all concerned
about the safety of the community. Fear doesn't keep the community safe. When
people are fearful of going hiking or of illegal immigrants, that doesn't keep them
safe. They need to talk about this. This issue is on the community's agenda. It's
disturbing to her that the Council refuses to put it on its agenda. She supports the
resolution. Even if the Council doesn't, it needs to be discussed because the
community is clearly upset.
Magdeleno Rose - Avila, Northwest Immigrant Rights Project, Seattle, stated
Rosa Parks passed away recently. They all admire her courage. He had the
privilege of meeting her. It took Rosa Parks and Dr. Rev. Martin Luther King Jr. to
stand up and change things. He is a board member for the Washington Association
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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 Churches. He asked the Council to consider a resolution opposing the
Minutemen in Whatcom County. After 9/11, they were mislead by the government
that the United States was going into Iraq to find weapons of mass destruction.
They were in such a hurry that they made too many mistakes. One mistake is the
new unit of Homeland Security, under which is the Federal Emergency Management
Agency (FEMA) and the Department of Immigration. Those agencies don't belong
under Homeland Security. Immigrants have become synonymous with terrorists.
Mexican immigrants aren't crossing the border to blow up Bellingham. They need
comprehensive immigration reform. They need a dialog about the Minutemen in a
public setting.
Will Kennedy, 508 E. Ivy, stated the Minutemen are armed with telephones.
What is really going on is ignorance. He's not afraid. They really do need to talk
about it. The Minutemen said they are just observing and reporting. They have not
talked about immigrations. They've talked about drugs.
Howard Washburn, Olalla, Washington, stated he has been a Minuteman here
for the last 25 days. The Minutemen observe and report. He has contacted the
border patrol because he has witnessed illegal crossings on the border. They are
not trying to be law enforcement. If they see something suspicious or illegal, they
call the Border Patrol. He only carries a cell phone. The Minutemen would be
happy for the Council to pass a resolution condemning vigilantism, racism, and
violence and supporting law enforcement. Like any lie, if it's repeated often enough
it almost becomes the truth. Tonight, people are repeating things that aren't true.
Caskey- Schreiber asked when the operation ends. Washburn stated it ends
October 31.
Sherry Monteiro, Bellingham, stated she is a member of the Coalition for
Professional Law and Border Enforcement. The highly trained U.S. Border Patrol
agents only should patrol the borders. If they need help, get the highly trained
National Guard to come home and give them a hand. They don't want citizens
picking up arms. The history of the Minutemen is that they're armed. In Whatcom
County, the Coalition and local law enforcement made have had an effect to keep
most of the Minutemen from being armed. However, they aren't checking during
shift changes to find out who is armed. She read information from the Minutemen
website about illegal immigration causing the death of this nation. Bordering
property owners had to have their property fenced or posted with No Trespassing
signs. Those signs, on private property, have been vandalized and ripped off. The
time is past for citizens to think they have to pick up a gun to make a political
point. She wonders if the Council would consider a resolution if the people standing
on the border were primarily Middle Eastern, African, or Mexican.
Rosalinda Guillen, 1800 - 20th Street, Bellingham, stated she disagrees with
the Minutemen project and with people who say they are not vigilantes and racist.
People in the community disagree about what this project is about, how long they
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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.
will be here, and the ultimate goal. This disagreement will continue to grow. The
County Council must discuss the resolution. Give respect to the community's
disagreement. Across the country, the Minutemen project is growing. All of these
rallies are anti - immigrant. Shootings are reported on the border. Mexican people
and people of color are the ones who are concerned. This community deserves the
respect of the County Council when it brings things concerns forward. The Council
is not giving them the respect they deserve as citizens. They will continue to live
here and disagree with the supporters of the Minutemen project. On a national
level, the Minutemen project is growing, political, racist, and anti - immigrant. There
is a way to address this in a civilized manner. After October, there will be another
campaign. They had one in April. Treat this issue with importance.
Sharon Crozier, Bellingham, stated she supports the right of people to move
about the country freely, including the Minutemen. They need to have a
Constitutional right to carry, even without a permit. She's not afraid of the
Minutemen. However, the Minutemen project is an intrusion into their culture. This
is not a block watch program where neighbors know that someone climbing through
a window doesn't belong there. This is people watching people move about. She
asked how those people are selected. More than one admitted they are licensed to
carry, which is intimidating. There are people who aren't illegal who will be
watched. She asked who the Minutemen choose to watch. It's intrusive. In a time
when they are so divided on many things, and people are kept afraid, it is a mind -
killer. They can face things knowledgeably and calmly, without being kept in fear.
The Council does have to speak for the community. If the Minutemen want to
make a political point, let them right letters to the editor.
Shabnam Mojtahedi, 816 North Garden, Bellingham, stated she supports the
resolution against the Minutemen. She is originally from the Middle East. Crossing
the border is humiliating. She's crossed it with her parents and on her own. It's
humiliating. The Minutemen send a message to the community. The fact that the
Council isn't addressing this sends a message about what is being stood for here.
She would like the Council to talk about it. She is in contact with the Arab
community in Canada. She invited them to an event at Western Washington
University, but they refused to come. They are afraid because of the Patriot Act
and also because of the Minutemen.
Mar Molldr, Buchanan Towers, Western Washington University, stated the
Minutemen is a security issue for the whole community. The councilmembers spoke
more to the person who had a safety issue with her road, which has only four
houses on it. He doesn't think that this will end on the 31St. Only one
councilmember has asked a question so far. Three councilmembers asked
questions about the road issue. The problem is the Council because it is not talking
about the Minutemen issue.
Caskey- Schreiber stated the councilmembers are trying to be respectful of all
points of view and giving people a chance to talk. The other person had one issue
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with the road that was a quick -fix. The Council could perhaps have a discussion
about it tonight, even though there isn't a resolution on the table.
Lorna Gunderson, Ferndale, stated she is a Minutewomen. The main purpose
of the program is to bring to the government's attention that the borders are totally
insecure. This needs to be addressed. They don't need another 9/11 in the
country. This is why the Minutemen activities are so hot. It's not about race. It's
about homeland security. People need to recognize that. Look at the Oklahoma
bombings. This country has had nine bombings where the country did not take
action. They don't need another 9/11 in Bellingham or California. It's possible.
There are many regimes in the country that aren't here for good intentions. The
borders are not secure in any fashion. She would like her children and
grandchildren to be safe in this country. Her relatives have fought for this country
before Alaska was even a state. She's a Native American. If she thought it was
about race, she wouldn't stand with the Minutemen. It's not about any culture.
The drug tunnel is a small example of how lax the community is. They need more
manpower, whether it's the National Guard or the military. They are not addressing
terrorism within the country. The military is spread all over the world. She would
like all people to be safe.
Ben Vaughn, 329 Middle Brook Court, Bellingham, stated his family is from
Ferndale and Bellingham. He is not an outsider. He is a Minuteman, to help
protect his family. They need to make a political statement that says the borders
need to be closed. They don't want another 9/11. All he can do is sit in a car with
binoculars and look out. He doesn't look at anyone's house or anything else. He
looks at the border and roads. They don't try to offend anyone. They are there to
help, not hinder, the border patrol. He will do what the Border Patrol tell him to do.
He went to Vietnam twice. He joined the Army guard from 1979 to 1992.
He earned a humanitarian service medal for helping to supply water to a town. He
is the kind of person who serves his country, state, and county.
(Clerk's Note: End of tape one, side B.)
David Cahn, 1215 High Street, Bellingham, asked the Council to pass a
resolution opposing the Minutemen project and border vigilantes. He agrees with
previous speakers. It's never been good in the country's history when people are
against immigrants. The country is going through that cycle again. Everyone
needs to know where the Council stands on the issue.
Brian Jones, 1323 Sara Court, Bellingham, stated he appreciates the
intentions of Minutemen who spoke at the meeting tonight. Is an immigrant from
Canada. When he walks that border, he doesn't feel fear. When he walks that
border with a Hispanic or any ethnic friend, he feels fear. It may not be intended,
but it's there. It needs to be discouraged.
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Frank "Paco" Dare, Olympia, stated this discussion about the Minutemen is
about fear. Fear comes from ignorance and hate. Vigilantism, the militia, and
racism comes from ignorance. He has lifelong friends who are Mexican. He grew
up near the Mexican border. He went to the Mexican border to find out what was
going on with the Minutemen. He found a bunch of people that are like him. All
the Minutemen have a criminal background check before they are accepted. They
also get an evaluation from a psychologist when they arrive here. When a
Minuteman checks in, they are also evaluated. They don't want any vigilantes,
militia or racists. The Minutemen are here to send a message to Congress to take
action to secure American borders from illegal entry, not legal entry. The
Minutemen are not trying to secure the country from people of color or Native
Americans, who are also members of the Minutemen organization. He is a social
worker who works with minorities. He doesn't want to hurt anyone. He wants to
protect his country. If he sees someone, he will call the Border Patrol. That's the
agreement. Everyone should look into this project and send a message to Congress
to secure the borders.
Caskey- Schreiber asked if Sheriff Elfo wants to address the issue.
Bill Elfo, County Sheriff, stated his position as law enforcement officers who
enforce any criminal violations that may occur is that there have been no problems
with the Minutemen so far. He has held meetings with Minutemen to make the
laws clear. There have been meetings with the Minutemen and civic and human
rights organizations to alleviate fears and concerns. The Minutemen have provided
their location and identity of the members who are patrolling the border. He
doesn't have the authority to do background checks or stop them unless and until
the law is broken. He's heard concerns from the community that the Minutemen
are a forerunner for militia and terrorist organizations. He's tried to be alert to
that. He keeps in touch with state and federal law enforcement. There has been
no indication of increased militia activity or cause of concern in Whatcom County.
It's not been a major issue for law enforcement. Whether or not people like a
message, they live in a country where the first amendment is protected. The
Minutemen has the right to do this.
Fleetwood asked if there is good reason to believe their operation will be
complete next Monday. Elfo stated that is what he has been told.
Fleetwood asked if they would then be gone as Minutemen on the border.
Elfo stated they would be.
McShane stated he appreciates the effort Sheriff Elfo has put into this
community concern. He went beyond his regular job.
Caskey- Schreiber stated she also appreciates that Sheriff Elfo has tried to get
the two parties together. It's unfortunate that the perceptions of both sides do not
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mesh. She feels bad for anyone who feels their rights are infringed upon by this
organization, but she's not ready to take a stand at this point.
Brenner stated she thanked Sheriff Elfo for his work with her on this issue.
She has spent a lot of time researching this issue. According to the Minutemen
website, they do not tolerate bigotry or racism of any type. She wanted to hate the
Minutemen because many of her friends do. However, she went through a lot of
research. Last week, she spent six hours at the border with Undersheriff Carey
James, who is a man of color, was formerly the Border Patrol Chief for the entire
northwest section of the United States, and formerly worked at the southern Border
Patrol. The Sheriff and Undersheriff told her that hasn't been a complaint. The
incidents at the southern border have not been with the Minutemen. There were
incidents with protests against the Minutemen in which the protestors got violent.
People are scared. This community is being torn apart. The people against the
Minutemen who she has tried to talk to have hung up on her, called her a racist,
yet they talk about civil discourse. She's concerned about the border. She met six
of the Minutemen, including an 87 -year old who doesn't have or own a gun. The
Minutemen have been told not to carry a gun while at the border. She cannot
support a resolution opposing the Minutemen because she doesn't believe they are
a problem. It's a fearful time, especially for people with certain ethnic
backgrounds. There are no enemies here. She wishes they could come together
more.
Roy stated all of the councilmembers have been in constant contact with
Sheriff Elfo. Some people have said the Council needs to take this seriously. The
Council is taking this extremely seriously. Just because the Council doesn't have a
resolution that is worded the way people want doesn't mean the Council isn't taking
it seriously. The Council has had a lot of conversations. Councilmember Brenner
has been on the border. They've all researched this.
McShane stated one person spoke earlier about the Council being part -time.
This is complicated. It is too complicated for him to get his mind around it. A lot of
forces are in play besides border protection. He doesn't think these two groups are
really that far apart. The resolutions he's seen aren't right for this County Council.
If the people want a resolution from the Council, then the two sides could get
together and draft a resolution that welcomes diversity, opposes racism, and still
expresses the concerns with the border.
Caskey- Schreiber stated this Council has been strong in opposing racism.
They have a diverse community. They must respect all people and their opinions.
For instance, one reason many people are at the meeting talking about the radio
station is because she put the break on sending a letter because it is an East Indian
radio station. She wanted to make sure this is a true problem before they started
causing problems for a minority radio station. There are issues like this on which
the public don't see the councilmembers' deliberations behind the scenes.
Deliberations go on at an intense level. Sheriff Elfo has tried to bring forward the
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concerns from both parties. The Council has tried to support him and work as one
County government. The Council appreciates all points of view.
Nelson stated he is a Republican and a member of the Army Reserves. When
he was first elected to the County Council, there was an incident of cross - burning in
Lynden. At that time, the Council approved a resolution supporting human rights
and opposing human rights violations. The Council could renew that resolution and
include vigilante activities.
According to the forefathers, the price of freedom is eternal vigilance.
Everyone must be aware at their neighborhoods, city streets, and borders. That
doesn't mean they have to hate one another, but they do have to be vigilant to
inappropriate behavior. This Council has been vigilant about observing what has
happened with any activity that impacts this community's quality of life. Don't start
living in fear because of a difference of opinions. Everyone should be able to
express their opinions. The Council doesn't need to approve a resolution attacking
one group or another because of a perceived fear. He doesn't have a fear unless
there is a reason for it. He is opposed to vigilantisms. He supports law
enforcement.
OTHER BUSINESS
Brenner stated she had made a request to send a letter to the Federal
Communication Commission (FCC) regarding radio interference in Ferndale
(AB2005 -415). She moved to send a letter to the FCC regarding the Ferndale
radio station supporting the concerns of the Ferndale residents.
McShane moved to amend the end of the letter to add, "Please find
attached a letter from the Ferndale City Council; petitions by residents of Whatcom
County; a memo regarding recording equipment interference from Jill Nixon,
County Administrative Clerk; and the minutes of the Whatcom County Council open
session of October 25, 2005."
Brenner accepted Councilmember McShane's motion as a friendly
amendment to her motion.
McShane moved to amend the letter to add, "We further note that this
station's primary purpose is to broadcast to Canadian audience. The interference
caused by radio that burdens local residents without providing any local service
appears to be inconsistent with the intended use of our public airways."
Brenner accepted Councilmember McShane's motion as a friendly
amendment to her motion.
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Caskey- Schreiber stated she got a letter from Mayor Landcastle saying there
was no problem with the City of Ferndale equipment.
Brenner stated the Ferndale City Council unanimously sent the County
Council a letter saying they are having a problem with its City equipment. Also, the
Mayor said he hadn't heard from anyone, but she's got the minutes from their
meetings where people spoke of the interference, and the Mayor was there.
Pete Kremen, County Executive, stated he was contacted by the then -Mayor
of Ferndale about three or four years ago about this very problem. The problem
was not as acute as it is now. At that time, he contacted Washington D.C. with the
concerns that were expressed, but he fell on deaf ears. He supports the Ferndale
City Council's proposal to the County Council. There is definitely a problem in the
community. During an event in Ferndale where he had a speaking engagement and
helped to set up the electronics for the public address system, which did not have a
radio receiver, he got that radio station loud and clear, whether he wanted it or not.
There is a problem. He would like to weigh in on whatever the Council decides to
do. They need to resolve the problem.
Caskey- Schreiber asked if the Ferndale City Council Members are at odds
with the Mayor over this issue.
Ron Wilson, Ferndale City Council Member, stated they are not at odds with
the Mayor over the situation. They know the problem is there. The City has
records showing it has spent over $16,000 to shield police radios and
communications in City Hall. For whatever reason, the Mayor has overlooked or
forgotten it. He appreciates the County Council taking up this issue.
Crawford asked why the last paragraph on the first page begins, "Many
residents and Ferndale City officials believe...." There is no question this is
occurring. It's not a matter of someone believing it.
Brenner stated she was trying to make this letter as benign as possible. She
was instructed that they don't want to look racist or like they are picking on
anyone. She tried very hard to do that.
Crawford stated limit the letter to factual statements. He moved to strike
language from the last paragraph on the first page, "Many residents and Ferndale
The radio frequencies...."
Brenner accepted Councilmember Crawford's motion as a friendly
amendment to her motion.
Crawford stated the FCC can acknowledge that there are interference factors.
The County Council can report those factors.
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Motion to send the letter as amended carried unanimously.
PUBLIC HEARINGS
1. ORDINANCE GRANTING PUGET SOUND ENERGY, INC., A
WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS, A
FRANCHISE AND THE RIGHT, PRIVILEGE, AND AUTHORITY
THEREUNDER TO SET, ERECT, LAY, CONSTRUCT, EXTEND, SUPPORT,
ATTACH, CONNECT, MAINTAIN, REPAIR, REPLACE, ENLARGE,
OPERATE AND USE FACILITIES IN, UPON, OVER, UNDER, ALONG,
ACROSS AND THROUGH THE FRANCHISE AREA TO PROVIDE FOR THE
TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICAL ENERGY
FOR POWER, HEAT, AND LIGHT, AND ANY OTHER PURPOSES FOR
WHICH ELECTRICAL ENERGY MAY BE USED (AB2005 -392)
Jeff Monsen, Public Works Director, gave a staff report and stated the record
in the packet is adequate. Staff and the applicant is available to answer questions.
Caskey- Schreiber opened the public hearing and the following person spoke:
Sharon Crozier, Bellingham, stated she hopes the County Council has looked
at this closely. It doesn't allow for intrusive behaviors, unannounced crossings, or
any kind of construction without some kind of agreement in writing between
owners. If that's all taken care of, she's happy with the ordinance.
Brenner stated this is about County rights -of -way. They can't go outside
County rights -of -way. The ordinance is much like the same contract they have
already in different areas
Hearing no one else, Caskey- Schreiber closed the public hearing.
Nelson moved to adopt the ordinance.
Caskey- Schreiber asked if this supercedes any existing ordinance about
transmission line siting.
Nelson stated it does not.
Motion carried unanimously.
2. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE
ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS WITHIN
THE LAKE WHATCOM WATERSHED (AB2005 -187A)
Caskey- Schreiber opened the public hearing and the following people spoke:
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Mary Dickinson, Building Industry of Whatcom County Governmental Affairs
Officer, read a letter (on file, submitted earlier today) into the record. The interim
moratorium has not approved water quality. There isn't enough land supply to
meet density, which is required. Encourage affordable housing. She is concerned
about how long the interim moratorium will last.
Walter Ilyin, 1044 Geneva Street, Bellingham, stated he his opposed to the
moratorium. He came to this area from Oregon. He bought his property when it
was zoned for three lots on one acre. He bought the property for his children, not
anyone else. With this moratorium, the property costs are skyrocketing. Allow
people to divide their land for families.
Sharon Crozier, Bellingham, stated he thanked the Council for leading the
way with the watershed and drinking water. The interim water quality has not
improved since April. Development out there is in record numbers. Subdividing is
still going on, and they are wondering why the water is not getting cleaner. The
Growth Management Act doesn't require that the growth for the next 20 years be
all built this year. There is no shortage of housing that is available. She is a real
estate sales person. There are houses they can't sell. They don't have buyers who
can afford them. Builders aren't building affordable housing. They're building
houses that only people who make a lot of money and are from someplace else can
buy. There are some affordable lots available in Kendall. There are some wetlands
that people are holding on to in the hopes that they will be able to develop some
day. Extend the moratorium until the TMDL study is released. A group of Sudden
Valley people are trying to be a city. Once they are vested as a city, the County
can't stop them from building as a city. Rescind that urban growth area (UGA).
The people who elected the councilmembers want them to do that. Sudden Valley
doesn't need to be an urban growth area.
Dennis Jones, 1487 Sudden Valley, stated he supports the ordinance. It's
sad that it's necessary. The reason for the moratorium is that they're coming in
through the backdoor through forestry. There are a lot of balancing acts going on.
The hardest thing to do is anything that costs money. The Lake Whatcom
Management Plan will save money. They can be a conservative and a
conservationist. At the turn of the millennium, the water district approved an
interceptor that wasn't needed ecologically. A second sewer line would have ended
the moratorium. Until they get the data, a blanket moratorium is out. Individual
houses can be built out there. This is necessary before they get the TMDL results.
Colleen Bird, Lummi Island, stated she supports the ordinance. Drinking
water is important. Runoff from urban development is a serious problem. She's
surprised that this is still an issue.
Malcolm Fleming, City of Bellingham Chief Administrative Officer, submitted a
letter (on file) and stated the Bellingham City Council supports the ordinance. It is
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consistent with the City's number one goal, which is to protect and improve the
quality of drinking water in the Lake Whatcom reservoir.
Hearing no one else, Caskey- Schreiber closed the public hearing.
McShane moved to adopt the ordinance.
Brenner asked how much longer the moratorium will be in place. She will
support this until the TMDL is out, but the Council needs to take a final position on
this. She understood the Council was going to get something from staff by now.
She would like to know how much longer they will consider having a moratorium.
The Council needs to create some certainty in that area.
Roy stated they can't say when it will end until they get the TMDL
information.
(Clerk's Note: End of tape two, side A.)
Roy continued to state they may find that the numbers are getting better,
but they need that information first.
McShane stated that within the ordinance, there are action items. It's lake -
linked because they've dug themselves a hole in terms of lake quality. It's the
reason the lake was listed. The State Department of Ecology presentation about
the initial draft total maximum daily load (TMDL) study will require the County to
reverse the degradation that has already occurred. That will take some time. The
items listed are stormwater management plans, implementation, and maintenance.
They will take some time. He was pleased to see a proactive approach in dealing
with stormwater in the Geneva area. Funding ongoing maintenance hasn't yet been
figured out. The administration is working on it. The Council has already made
significant progress in the area of completing development codes to reduce
development and construction impacts. A significant part of the potential growth is
in the Bellingham urban growth area. The planning commissions are currently
working on that. This ordinance buys them time until that is worked out. It means
a lot that the City Council is tracking the issue of areas that cross city- county
boundaries. The City should help, since it is its urban growth area. Resolve issues
with people who caught up in unfortunately owning property that causes
degradation to a large community resource. The final one is the land acquisition
program. There is still quite a bit of work left to do. Stay the course until this work
is complete.
Nelson stated the purpose of the initial moratorium was to revise stormwater
regulations. They had some concerns about the point system not working. The
Council wanted time to work on it. The Council has done that. Now,
Councilmember McShane has listed a number of other issues, but they weren't a
reason for this moratorium. He recognizes that the issues are important. However,
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he objects to a temporary moratorium until they work out issues that will take an
enormous amount of time. It is a disingenuous approach to people who have made
investments and commitments not knowing what was going on. He can't support it
unless there are very specific reasons for this type of a moratorium. This list is a
wish list. They might as well come out and say they won't allow any development
for the next 20 or 30 years because it will take that long to get the wish list done.
Brenner asked when the Department of Ecology will come out with the TMDL
study.
Hal Hart, Planning and Development Services Director, stated they estimate
it will be six months. The moratorium was to put other things in place. The
department has put each of those pieces into place, with a couple of exceptions.
The agricultural piece was sent back to the Planning Commission. The staff is
accomplishing the goals and objectives that were set out last time. He can't report
on the stormwater piece, other than that for which the Planning and Development
Services Department is responsible. They have accomplished several of the items
on the list in the past six months.
McShane stated a tremendous part of the community expects that the water
source will be protected and maintained. That is juxtaposed against individual
property owners in the watershed. The County Council must spend money
prudently and wisely. Some of the suggestions he hears for fixing the lake are
beyond reason for this community to bear financially. Avoid the cost to the
taxpayers of what some of these fixes will be.
Caskey- Schreiber stated the moratorium is the wisest thing the Council can
do now. They know they don't want increased density until they know the
magnitude of the problem and how much the fixes will cost. This will only make an
existing problem worse, as they know from every urbanized lake in the country.
Motion to adopt carried 4 -2 with Crawford and Nelson opposed.
CONSENT AGENDA
Nelson reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through ten.
Motion to approve Consent Agenda items one through ten carried
unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT, BASED UPON PASSAGE OF SUPPLEMENTAL BUDGET
REQUEST #10, BETWEEN WHATCOM COUNTY AND NOOKSACK
SALMON ENHANCEMENT ASSOCIATION TO PROVIDE WORK CREW
Whatcom County Council, 10/25/2005, Page 19
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DISCLAIMER: This document contains the Whatcom County Council or Committee
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SUPERVISION FOR WATERSHED RESTORATION WORK AT MULTIPLE
SITES WITHIN WHATCOM COUNTY, IN AN AMOUNT NOT TO EXCEED
$40,000 (AB2005 -400)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO THE
MASTER COLLECTIVE BARGAINING AGREEMENT BETWEEN WHATCOM
COUNTY AND GENERAL TEAMSTERS' LOCAL UNION NO. 231 FOR THE
PERIOD JANUARY 1, 2005 THROUGH DECEMBER 31, 2007 (AB2005-
401)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND HOME PORT LEARNING
CENTER FOR EDUCATIONAL SERVICES FOR YOUTH UNDER THE
SUPERVISION OF THE WHATCOM COUNTY JUVENILE COURT, IN AN
AMOUNT NOT TO EXCEED $72,000 PER YEAR (AB2005 -402)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
CONTRACT AMENDMENT #3 BETWEEN WHATCOM COUNTY AND HDR
ARCHITECTURE, TO PROVIDE ADDITIONAL FUNDS FOR
REIMBURSABLE EXPENDITURES INCURRED BY HDR DUE TO THE
EXTENDED TIME FRAME AND MULTIPLE SUBMISSIONS TO THE
AUTHORITIES HAVING JURISDICTION FOR THIS PROJECT, IN THE
AMOUNT OF $20,465, FOR A TOTAL CONTRACT AMOUNT OF $774,810
(AB2005 -403)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND ASPECT CONSULTING
TO CONDUCT A GROUNDWATER STUDY ON LUMMI ISLAND TO
ADDRESS WATER QUANTITY, SEAWATER INTRUSION AND OTHER
CONTAMINANTS, IN THE AMOUNT OF $119,899 (AB2005 -404)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
CONTRACT AMENDMENT #3 BETWEEN WHATCOM COUNTY AND
ELLIOTT BAY DESIGN GROUP TO PERFORM ADDITIONAL PHASE II
WORK INCLUDING ENGINEERING SUPPORT SERVICES IN THE
DESIGN AND CONSTRUCTION SUPERVISION OF A NEW PASSENGER
VEHICLE FERRY AND REVISE AND AUGMENT THE SCOPE OF WORK
AND CONTRACT AMOUNT FOR SCALE FERRY MODEL TESTING, IN THE
AMOUNT OF $28,480, FOR A TOTAL CONTRACT AMOUNT OF $268,705
(AB2005 -405)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
INTERLOCAL AGREEMENT AMENDMENT #1 BETWEEN WHATCOM
COUNTY AND PUBLIC UTILITY DISTRICT NO. 1 OF WHATCOM
COUNTY FOR SERVICES RELATED TO THE WATER RESOURCE
INVENTORY AREA #1 (WRIA #1) WATERSHED MANAGEMENT
Whatcom County Council, 10/25/2005, Page 20
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DISCLAIMER: This document contains the Whatcom County Council or Committee
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are not the final approved minutes.
PROJECT, WHICH IS A NO -COST SCOPE OF WORK MODIFICATION
AND WILL UTILIZE EXISTING BUDGET CAPACITY FOR THIS WORK
(AB2005 -406)
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
SUPPLEMENT #2 TO THE STANDARD CONSULTANT AGREEMENT
BETWEEN WHATCOM COUNTY AND KPFF CONSULTING ENGINEERS
FOR ADDITIONAL CONSTRUCTION SUPPORT SERVICES TO REPLACE
HIGH BRIDGE NO. 115 ON LAKE WHATCOM BOULEVARD, IN THE
AMOUNT OF $87,154.70, FOR A TOTAL CONTRACT AMOUNT OF
$444,073.30 (AB2005 -407)
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE
UNIVERSITY TO DEVELOP A MODEL COMPARING THE AFFECTS OF
GROUNDWATER USE ON SURFACE WATER QUANTITY IN THE
BERTRAND, TEN MILE AND FISHTRAP DRAINAGES OF WRIA #1, IN
THE AMOUNT OF $154,971 (AB2005 -408)
10. RESOLUTION SETTING A HEARING TO DISPOSE OF TAX -TITLE
PROPERTY BY DEED TO THE CITY OF BELLINGHAM FOR LAND LYING
BENEATH CITY STREETS, REQ. #2005 -06 (AB2005 -409)
11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH SNOHOMISH COUNTY FOR JAIL BED SERVICES TO
HOUSE SOME OF WHATCOM COUNTY'S OFFENDERS, UP TO 30 BEDS
AT $56.00 PER DAY (NOT INCLUDING MEDICAL COSTS) BEGINNING
OCTOBER 27, 2005, AND CONTINUING UNTIL THE NEW MINIMUM
SECURITY JAIL FACILITY OPENS, IN AN AMOUNT NOT TO EXCEED
$564,480 (AB2005 -417)
Nelson reported for the Finance and Administrative Services Committee and
moved to approve the request.
McShane stated this was triggered by something that happened in Superior
Court. He would love to hear from the judges. The Council needs to have a better
dialog with those judges. There are two new judges in Superior Court. They are
obviously concerned. He would like to hear their rationale.
Motion carried unanimously.
OTHER ITEMS
1. ORDINANCE AMENDING THE 2005 WHATCOM COUNTY BUDGET,
REQUEST #10, IN THE AMOUNT OF $200,170 (AB2005 -391)
Whatcom County Council, 10/25/2005, Page 21
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DISCLAIMER: This document contains the Whatcom County Council or Committee
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are not the final approved minutes.
Nelson reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Motion carried unanimously
2. REQUEST CONCURRENCE WITH THE RECOMMENDED FINANCIAL
BASIS TO BE UTILIZED IN PREPARING A DETAILED PROPOSAL FOR A
LUMMI ISLAND FERRY USER RATE INCREASE (AB2005 -410)
Brenner reported for the Public Works and Safety Committee and moved to
concur with the five recommendations in Public Works Director Jeff Monsen's memo
to the Council and Executive Kremen dated October 14, 2005 regarding the request
for Council concurrence on the financial basis for preparing a Lummi Island ferry
user rate proposal.
Crawford stated this provides flexibility about how to charge ongoing rates
versus future anticipated costs. They haven't made that decision yet. One
question will be when the County starts to collect funds. That will be a big policy
question.
Motion carried unanimously.
3. REPORT ON COMMITTEE DISCUSSION REGARDING FLOOD - RELATED
ISSUES AT MARIETTA (AB2005 -413)
Brenner reported for the Public Works and Safety Committee and stated the
committee recommended that the community form a diking district or a flood sub -
zone.
4. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED
APPROVAL OF A PLANNED UNIT DEVELOPMENT, FILED BY BAY CLUB
PARTNERS, LLC, FOR "HORIZONS AT SEMIAHMOO." (AB2005 -399)
Fleetwood reported for the Planning and Development Committee and
moved to approve.
Motion carried unanimously.
(Clerk's Note: Discussion continued below.)
S. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
CODE, TITLE 20, TO CLARIFY EXISTING CODE LANGUAGE (AB2005-
393)
Whatcom County Council, 10/25/2005, Page 22
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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.
Fleetwood reported for the Planning and Development Committee and
moved to adopt the ordinance.
Motion carried unanimously.
4. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED
APPROVAL OF A PLANNED UNIT DEVELOPMENT, FILED BY BAY CLUB
PARTNERS, LLC, FOR " "HORIZONS AT SEMIAHMOO." (AB2005 -399)
(Clerk's Note: This discussion continued from above.)
Fleetwood stated there was a proposal related to the impact fee on Council
packet page 216, which related to the fire district's ability to extract a $2,500
impact fee per unit from this project. There was reference to it being a mitigation
fee as opposed to an impact fee. It was a purely technical clarification that does
not change the substance. He moved to amend the approval by changing that
language as presented during the committee meeting (on file).
Motion to amend carried unanimously.
Brenner stated the second amendment was regarding language in the
document about people giving up their rights to vote on incorporation in the future,
by buying property there. It's unconstitutional to require people to give up their
right to vote on anything. This provision also needs to be removed from the
County's Comprehensive Plan. She moved to amend the language to remove the
requirement regarding a citizen's right to vote.
Motion to amend carried unanimously.
Crawford asked the Hearing Examiner's reason for including that
requirement.
Caskey- Schreiber stated it's in the Comprehensive Plan.
6. RESOLUTION ESTABLISHING REGULAR COUNCIL MEETING DATES
FOR 2006 (AB2005 -394)
McShane moved to approve the resolution.
Brenner stated many people come to these meetings when there is no
meeting. It's a horrible schedule for the public. No one can remember when the
meeting is. She would like the Council to meet either the first and third or second
and fourth Tuesdays of the month. She gets many complaints about it.
Crawford stated that the schedule is the second and fourth Tuesdays nine
times. Three times it is the first and third Tuesday.
Whatcom County Council, 10/25/2005, Page 23
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DISCLAIMER: This document contains the Whatcom County Council or Committee
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Roy stated she agrees with Councilmember Brenner. For people who aren't
involved regularly, it's hard to remember. This is the only major organization that
doesn't schedule according to the first and third or second and fourth week of the
month. It's inconvenient for people.
Brenner stated this is very serious to people who want to come to these
meetings. Changing this is a small thing to do. Even as a councilmember, she has
problems remembering when the meetings are.
Motion carried 4 -3 with Roy, Fleetwood, and Brenner opposed.
7. RESOLUTION ESTABLISHING THE FOOTHILLS SUBAREA PLAN
ADVISORY COMMITTEE (AB2005 -411)
Caskey- Schreiber asked if the Nooksack Tribe had been invited to join the
committee.
Pete Kremen, County Executive, stated the Nooksack Tribe has been very
collaborative with Whatcom County on a number of issues. He would like to create
a spot for the tribe to participate.
Crawford stated he suggests removing one of the three Kendall members in
order to add a Nooksack Tribe member to keep an odd number of members.
Kremen stated the vast majority of people who would be represented come
from the Kendall area.
Crawford asked if the Acme area is part of the Foothills. Kremen stated it is
technically.
Crawford stated they keep the three representatives from the Columbia
Valley and Kendall area, and add one representative each from the Nooksack Tribe
and a South Fork Valley.
McShane moved to approve the resolution with amendments to add one
representative from the Nooksack Tribe and add one representative that resides in
the Acme and South Fork Valley area.
Motion carried unanimously.
INTRODUCTION ITEMS
Nelson moved to accept the four Introduction Items.
Whatcom County Council, 10/25/2005, Page 24
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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. 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)
2. RESOLUTION REGARDING APPLICATION FOR A COMMUNITY
DEVELOPMENT BLOCK GRANT (AB2005 -412)
3. 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)
ADDENDUM
4. ORDINANCE AMENDING THE 2005 WHATCOM COUNTY BUDGET,
REQUEST #11, IN THE AMOUNT OF $110,880 (AB2005 -418)
OTHER BUSINESS
Brenner stated Sheriff Elfo and the jail received a national award from the
National Commission on Correctional Health Care. The fact that Whatcom County
received this award when the jail is so overcrowded says much about the Sheriff
and his crew. She's very proud of having a sheriff like Sheriff Elfo.
Brenner stated Washington State University (WSU) experts want to speak
about oxygenation in Lake Whatcom and are interested in doing a workshop. They
would only charge travel expenses. Their credentials are incredible.
McShane asked for information on the experts.
Roy stated she would like the opinion of Mr. Roll and the staff in the Water
Resources Division.
Brenner stated a Lummi Island resident has concerns about the shape of the
new ferry and its potential to capsize. This question was brought up before. She
doesn't recall whether or not it was resolved. If it wasn't, she would like a
presentation in the Public Works Committee.
Caskey- Schreiber stated the designers and engineers assured the Council
during a Committee of the Whole meeting that it would not be a problem at all.
Nelson stated the Council already approved a contract for the design study
and testing.
Whatcom County Council, 10/25/2005, Page 25
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DISCLAIMER: This document contains the Whatcom County Council or Committee
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are not the final approved minutes.
Brenner stated that design looked strange to her in terms of staying balanced
in the winds out there.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
There were no reports or other items from councilmembers.
ADJOURN
The meeting adjourned at 9:52 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, 10/25/2005, Page 26