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HomeMy WebLinkAboutCouncil April 20 20041 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 47 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 April 20, 2004 Council Chair Dan McShane called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Barbara Brenner Laurie Caskey- Schreiber Sam Crawford Seth Fleetwood Sharon Roy L. Ward Nelson FLAG SALUTE ANNOUNCEMENTS Absent: None McShane announced there was a discussion with Public Works Director Jeff Monsen about a possible property acquisition (AB2004 -018) in Committee of the Whole. Crawford moved approval of a $174,000 purchase price for the Nugent's Corner property, plus a $3,000 closing cost for purchase. Motion carried unanimously. SPECIAL PRESENTATION There was no special presentation. MINUTES CONSENT McShane moved to approve Minutes Consent items one and two. Motion carried unanimously. 1. COMMITTEE OF THE WHOLE FOR APRIL 6, 2004 2. REGULAR COUNTY COUNCIL FOR APRIL 6, 2004 Whatcom County Council, 4/20/2004, 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 46 47 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: Mark Polin, Bellingham, thanked Councilmember Brenner for her work on the resolution opposing the Patriot Act. He thanked Councilmember Nelson for his service in the military. Many in the audience are disturbed by the attack on their constitutional rights. He asked those in the audience who are opposed to the Patriot Act to stand. Most of the full audience have stood in support of the resolution opposing the Patriot Act. The question is whether they give away their constitutional rights in the name of fighting terrorism. They cannot sacrifice their liberty for safety. Congress has allowed these incursions into their freedom. Both conservatives and liberals across the country have objected to much of the Patriot Act. This is a local issue because of the resounding voices of opposition coming from all across the country in an organized manner. Charles Antholt, 2265 Tuttle Lane, Lummi Island, stated they have discussed the Lummi Island Subarea Plan. He submitted information (on file) on why the current draft of the subarea plan is unacceptable. Options include sending the plan back for more work or putting it on hold. Both options are problematic because they imply continuation of the 1979 subarea plan. They are not okay per Washington Administrative Code (WAC) 36- 195 -920. Unconstrained development is a direct tax on all the residents. They need to provide funding authorization to allow the studies to go forward and a moratorium on development. Build on the revised draft plan. Keep Lummi Island rural. Bruce Guthrie, Bellingham, stated he supports the resolution opposing the Patriot Act. This resolution has broad -based support. He is a fiscal conservative. Conservatives can see that this resolution states only that constitutional rights are sacred and asks that those portions of the Patriot Act that violate the Constitution be repealed. A vote against this resolution is a statement that one doesn't support the Constitution, which is the supreme law of the land. Their constitutional rights must be fought for and won again and again. Eternal vigilance is the price of liberty. According to reports from the general accounting office, the Patriot Act has been employed in investigations unconnected to terrorism or national security. Congress must limit use of the Patriot Act to national security concerns. Dennis Jones, 1487 Sudden Valley, stated Bainbridge Island is similar in size to Lummi Island and the Lake Whatcom watershed. He comes from Fir Island. He hoped the Council would look at that option. A municipality doesn't necessarily need to be an urban growth area. He thanked the Boats On and Boats Off group for bringing forward a joint resolution that was adopted in 1992. Parks gain more revenue from recreational activities than from forestry. Work with the State Department of Natural Resources on planned -for forestry. They want public ownership of the watershed. They have to break even at least. That's what it means to be planned -for. Whatcom County Council, 4/20/2004, 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 47 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. Last month, Sudden Valley began allowing multiple -lot owners to pay one dues instead of multiple dues if they put their extra lots into a green belt. He asked the County Council to look into buying the development rights in the watershed. Bob Luitweiler, Bellingham, stated he has been in Nazi Germany. He has seen society that gave up its freedom; criminalized and executed segments of the society; taught the children to spy on their parents, and; invented wiretapping. He talked to the people who fell into that trap and did not see it coming. It was small steps in the beginning. By the time it got going and they saw where they were going, they were trapped. The vote on this resolution is not a small thing. The United States has changed from a popular country around the world to a country deathly feared by many thoughtful people all over the world. Voting on the resolution is a valuable message that they don't agree with a Congress that rescinded civil liberties. Patti Mahboobzadeh thanked the audience members and the Council for the opportunity to talk about this issue. If people don't speak up, the unspeakable will occur. They're occurring now. The things done in the name of the Patriot Act were done in a hyper state. They cannot turn the entire country over because of what's happened. Eleven percent of towns with a population over 50,000 have had Federal Bureau of Investigation (FBI) agents visit. She supports the resolution opposing the Patriot Act. Sharon Crozier, Bellingham, stated she is in favor of the resolution opposing the Patriot Act. This is a local issue. On July 1, several laws go into effect that turn past misdemeanors into felonies. In this climate, the interpretation of a "subversive organization" can be very loose. Let their voices in Whatcom County be heard. Let law enforcement and the federal government know how they feel. Charles Meyers, Blaine, stated he spoke on behalf of family that has gone before him and those that come after. His family has fought in every war the United States has been involved with, beginning with the Revolutionary War. The Bill of Rights outlines specifically what the government shall not do, which are the very things the Patriot Act now says the government may do. The Patriot Act is also a direct attack on language and civil liberties. He is in support of the resolution opposing the Patriot Act. Sent the resolution via e-mail, entitled "Anti - Patriot Act Resolution." Within five seconds, the firewall on his computer notified him there was an attempt at a port scan on his computer from a source in Arlington, Virginia. Every time he tries to check his email now, he gets a computer attack from either Arlington or Dulles. Irene Morgan state she would finish reading the statement that Mark Polin could not finish due to time restraints and that supports the resolution opposing the Patriot Act. Constructive dissent to government is what the country was founded on. Whatcom County Republicans' platform believes that the most responsive government is the government closest to the people, which is the County Council. Whatcom County Council, 4/20/2004, 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 47 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. All political power rests in the people. Governments are established to maintain individual rights. It is imperative for the County Council to speak for everyone in the community. It is unacceptable to dismantle the Constitution. Across the country, four states and 279 cities and counties have already spoken against the Patriot Act. She asked the Council to vote in favor of the resolution. She has been a citizen of Whatcom County for most of her life, and hope her grandchildren will realize the same freedoms. Don Shank stated he just moved to Bellingham. They have to beware. There are those who would tell them to be afraid to increase their own power. They use fear to seize control. Power corrupts. They may trust the current leaders with extreme police powers. However, sooner or later an administration will come along who may abuse the power. Their freedoms, once surrendered, may never be recovered. Somebody has to watch the watchers. Support the resolution and support the Constitution, which is the original Patriot Act. Douglas Bestle, 3105 Crestline Drive, stated he is a Vietnam veteran. He is in favor of the resolution opposing the Patriot Act. He is a member of the American Civil Liberties Union (ACLU). He has also been involved in bringing this issue forward to the County Council. He presented a list of businesses and organizations that support the resolution (on file). Bern Haggerty, Whatcom County, stated he is in favor of the resolution opposing the Patriot Act. Approving the resolution doesn't cost anything. It clarifies for County employees, especially local law enforcement personnel, where the Council stands on the Patriot Act. If the local law enforcement sticks up for citizens' rights, they'll know the Council will back them up. The Sheriff's deputies have many encounters with federal authorities. They need to know that they have the right to ask questions of anyone doing a secret sneak - and -peek search. Richard Gilda, Jensen Road, stated there are six million people in the State. County Executive Pete Kremen was awarded the citizen of the year by the Washington State Realtors Association. He has not studied the Patriot Act completely, but he is against it. He thanked Councilmember Brenner for bringing this resolution forward. Table the Patriot Act resolution and work on it more. Yvonne Goldsmith, Ferndale, stated she has an alternative to the resolution opposing the Patriot Act. The one good thing the Patriot Act did is to allow agencies to talk to each other. She submitted (on file) and read an alternative into the record which was written by Brett Bonner. It puts a more positive spin on the County. Indira Raichoudhury, Sudden Valley, stated she took an oath to protect the country from all enemies, foreign and domestic, when she joined the military. She specifically took an oath to protect the Constitution, not any government or political Whatcom County Council, 4/20/2004, 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 45 46 47 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. party. Many people seem to feel it's not within the parameters of the County Council to protect the Constitution. Not one single page of the Patriot Act has anything to do with breaking down the walls of communication between any government agencies. That claim is political spin. 2005. The Patriot Act costs mutual funds $700 million in technology costs through (Clerk's Note: End of tape one, side A.) Raichoudhury continued to state that one industry is spending $288 million in annual expenses to deal with the Patriot Act. The pensions of every county employee vested in a mutual fund is being usurped to comply with this Act. Businesses throughout the country are incurring huge costs to deal with the provisions of the Patriot Act. Banks have to report transactions over $2,000 or any transaction that seems suspicious. Libraries are dealing with the Patriot Act. If people have to worry about the books they read and how they look to an FBI agent, then they aren't really free. The Patriot Act costs one particular businessman over $100,000 per year. There were business people here who had to go through special reporting because of the Patriot Act and because they happened to come from a Muslim country. Those business people left the county because they couldn't cross the border without a hassle. The county has lost businesses. They have people in this county who are afraid. Students at Western Washington University have had to drop classes because they are in violation of the Patriot Act and in danger of being deported. The Patriot Act affects people in Whatcom County. It's a local issue costing local dollars. Approve the resolution opposing the Patriot Act. Bob Wiesen, 3314 Douglas Road, stated he is more concerned about what the local government is doing to him regarding his property rights. He has some concerns about issues in the Patriot Act, but the courts will deal with those issues. They need to sort out the local issues. Sheila Pfeiffer, Fairhaven, stated the Patriot Act is unpatriotic. Many people have said that not supporting the Act is unsupportive of the President. However, anyone can be President, but not anyone can write a constitution. The Constitution is more important than whoever happens to be president. They must not lose their freedoms and right. The federal government will withhold funding from schools if schools don't divulge information about the seniors and juniors. She thanked Councilmember Brenner for the resolution and the Council for letting this come forward. This is a local issue. She supports the resolution opposing the Patriot Act. Joan Airoldi, Whatcom County Library System Director, stated the Whatcom County Board of Library Trustees passed a resolution, which she read into the record, that summarizes the impact of the Patriot Act on libraries. Whatcom County Council, 4/20/2004, 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 47 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. Frank Monks, Lake Samish, stated he is in favor of the Patriot Act. The Council needs to be very careful in a resolution concerning it. A recent interview of the person who originally set up the terrorism department in the Department of Justice revealed the different aspects of the Patriot Act. Much of what has been said here is myth. There is a need for the Act. The Act is not there to do away with anyone's liberty. He served during World War II defending the Constitution. He's willing to let Congress deal with this. The Patriot Act is up for renewal in the fall. The intelligence community can evaluate these things much better than he can. There is nothing in the Patriot Act that bothers him. He is in favor of the freedom they have like anyone else. Be careful when considering the resolution. Steve Barnett, Ferndale, stated this administration claimed the right to jail citizens without habeas corpus or legal representation. That is un- American. Everyone should oppose implementation of the Patriot Act. This administration was not elected by a majority of the voters. Jean Yeasting, stated she is in favor of the resolution opposing the Patriot Act. The Act erodes their constitutional rights and civil liberties. She's concerned about unwarranted searches without probable cause, known as sneak - and -peek searches. She's concerned about surveillance of medical, financial, computer, and student records. As a teacher, she is concerned about monitoring of library activities. It's fundamental for a healthy democracy for citizens to be well - informed, which means being widely read and paying attention to what is going on in the world. People need to use the library freely and without fear. Support the resolution. Katherine Walton, Western Washington University (WWU) student, stated she is in favor of the resolution opposing the Patriot Act. The students are aware of and care about what's going on. If she and her peers don't have their freedoms, they can't help this country in the future. Support the resolution. Alfred Dale stated he served in the military. He's blessed to be alive. These issues are theological issues. In the 1920's, Germany was the most advanced country in the world. They need all the opportunities available to have this conversation. The voluntary associations they have are the backbone of the political and social structure. People can do things together without intrusion of the state. People need to help each other provide affirmation of their basic values. Pablo Schroeder, 2608 Huron Street, Bellingham, stated he is a business owner in Bellingham. He read a poem into the record. People have to speak up for each other. He is in favor of the resolution opposing the Patriot Act. Approve the resolution. Bob Olson, retired air force physician, stated he represents Veterans for Peace, which includes veterans from many wars. He asked that the Council honor those who have been injured and died in previous wars and the present war and pass the resolution opposing the Patriot Act. Whatcom County Council, 4/20/2004, 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 46 47 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. Roy Giordano, Parkway Chateau of Senior Citizens, stated his fellow Parkway Chateau residents asked him to speak for them. They are in favor of the resolution opposing the Patriot Act. They remember a time before World War II and 120,000 loyal Japanese Americans who were incarcerated in concentration camps during a time of fear and hysteria. The same thing happened to Italian Americans and German Americans during that time. They are now faced with a similar set of circumstances where fear and hysteria have taken over after the events of September 11, 2001. The County Council has an opportunity at the grassroots level to turn this around. As fearful as they have become, they will not give up their constitutional rights, the Bill of Rights, and their rights of privacy. After World War II, he became an attorney and then a superior court judge. He is seriously concerned about what has happened to the Constitution and their Bill of Rights. Pick this issue up and provide leadership and the citizens' representatives. Scott Pattern, 2409 Fir Street, stated he is a 15 -year old student at Sehome High School. He loves this community, but does not feel safe. They should not be afraid. He should feel that his constitutional rights should be protected. He's more afraid of his government than of the terrorists. The times remind him of what he's learned about the McCarthy era. The same thing has happened. He supports the resolution opposing the Patriot Act. John Naber, 2320 I Street, he recently purchased Exceptions to the Ruler by Amy Goodman. He's worried that he has to feel afraid to purchase books considered subversive. The government has the power, under the Patriot Act, to do surveillance of private bookstores, public libraries, and high school students. George Bush has sent a bill to Congress to make the Patriot Act permanent. It was supposed to expire in 2005. Over 800 cities and counties have passed anti - Patriot Act resolutions. He supports the resolution opposing the Patriot Act. Approve the Patriot Act. Fred James, Sudden Valley, stated he used to live in Alaska, in which people are very used to their freedoms. They should not be afraid of the government. The motives of those enacting the Patriot Act are not in question. They want to protect the citizens. However, their means are contrary to the first, third, fourth, and fifth amendments to the Constitution. The County Council is being asked to sign a resolution that would oppose only certain aspects of the Patriot Act, not the entire Act. All over the country, the Council's peers have signed similar petitions. He asking the Council to approve the resolution. People from the ACLU to the far right wing of the political spectrum are asking the Council to approve the resolution. The people as a whole are asking the legislators to approve the resolution. The citizens are asking the Council to defend their liberties. He supports the resolution opposing the Patriot Act. Whatcom County Council, 4/20/2004, 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 47 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. Brian Wokich, High Street, WWU student and Western Freedom Alliance, stated the sunset provisions in the Patriot Act only affect 14 provisions in the Act. Even if the courts do act at some point in the future, many people will have had their civil liberties taken away from them in the meantime. It's important to act quickly. The Western Washington University faculty senate has approved a resolution defending civil liberties. The Patriot Act affects him through fear. He studies political science and foreign policy at WWU. Terrorism isn't something that will go away soon. The people in the department are afraid to look up certain pieces of information in the library or on the internet. This is not an effective tool for teaching the students. People were afraid after the events of September 11, but America is not afraid anymore. People across the country have spoken out against the Patriot Act. These communities are not speaking out of fear, but out of hope and bravery. He supports the resolution opposing the Patriot Act. Loren Taylor, 1604 I Street, stated prior to the previous election cycle, he supported George Bush. Now he doesn't. Section 315 erodes the notion of probable cause, which is established by much case law and precedent. It also removes the concept of judicial oversight, which is scary. It must be frustrating to those in the CIA and FBI to come against the wall of civil liberties, but the concept of eroding and removing basic rights is not the right solution. With this provision, there is an automatic gag order if the government requisitions someone's records. The public doesn't even know if there have been any abuses of the Act. It would be impossible to know. He supports the resolution opposing the Patriot Act. Vincent Lalonde, Bellingham, stated he supports the resolution opposing the Patriot Act. When terrible things happen in the country, they like to assume that the leaders will look out for the Constitution while going to battle. However, the current federal administration argues that people in the world don't have any rights at all. Unlawful combatants have been brought to the military base in Cuba. Because they are on an American base, but not in America, those people somehow don't have any rights under the Geneva Convention, which the Country helped enforce after World War II. People say that American unlawful combatants also don't have rights. If the law is equal to everyone and everyone begins with the same rights, they can't turn civil rights on and off like a light switch whenever it's convenient. The current federal administration has forfeited the citizens' belief that the administration has put constitutional rights first. Instead, citizens have to be cautious of what the administration hands the citizens. Ellen Kratt, 2670 Donovan Avenue, stated she enlisted in the Women's Navy Reserve in World War II. The most important thing they have in this county is their civil rights. There are times when people and the government don't trust each other. However, people can always trust their civil rights. Laura Hale stated she supports the resolution opposing the Patriot Act. She feels compassion for the prisoners in Guantanamo, without any access to courts or Whatcom County Council, 4/20/2004, 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 47 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. legal representation. She works with people who need access to health care. It's a big loss if people give up seeking medical care because of fear. Steve Hood, Bellingham, stated he is an attorney and has studied constitutional law. The Patriot Act violates the first, fourth, fifth, sixth, eighth, and fourteen amendments of the Constitution. The Act, which erodes civil liberties and rights, expands the capacity of the government to do whatever it wants as long as it can link it's actions, no matter how tenuously, to the fight against terrorism. It allows searches and seizures of people and evidence, wiretaps, and email taps without probable cause. Contrary to public perception, most of the Patriot Act does not expire in December of 2005. This is a local issue because Whatcom County does not exist in a vacuum. The United States government is founded on a balance of power among the three branches of the federal government and among the state and local governments. The genius of the founding fathers is that local governments can step forward to control the federal government when it becomes too powerful. As of today, there are 290 cities, towns, and counties and four states that have said in one voice that they will not be intimidated by illegal searches and imprisonments. Many people in favor of the Patriot Act say it's necessary to fight terrorists with weapons of mass destruction. However, the 9/11 Commission has already found that 9/11 could have been prevented with the laws they had on the books. Instead of scaring all Americans, invest money to protect the ports, borders, bridges, tunnels, rails, water supply, food supply, computer system, power grids, and power plants instead of spending it all on military adventure -ism abroad. He's sick and tired of unfair, dishonest attacks that label people against the Patriot Act as unpatriotic. He is deeply patriotic, which is the reason he supports the resolution opposing the Patriot Act. Keep the government that is one truly for the people, of the people, and by the people. Patrick Geracie stated he is a psychotherapist. The culture of fear, anxiety, and paranoia has been very good for his business. However, he is in favor of the resolution opposing the Patriot Act. Tom Hussey, Bellingham, stated there is a disturbing lack of responsiveness from the leaderships of the democracies throughout the world to the wishes of their people. The United States has an appointed president take the United States to war over the wishes of most of the citizens. The president decided he wanted to go to war. Congress quietly acquiesced and gave him that power. (Clerk's Note: End of tape one, side 8.) Hussey continued to state that in Great Britain, Spain, and Italy, the vast majority of people were opposed to going to war against Iraq, but their leadership took them to war anyway. Japan has sent troops to Iraq. Article 9 of the Japanese constitution, imposed upon the Japanese government after World War II, renounces war as an instrument of policy. However, Japan sent troops to Iraq over the wishes of the Japanese people. Spain finally got it right. Hopefully they'll see the end of an evil and unjustified war in Iraq. They cannot depend on the federal government Whatcom County Council, 4/20/2004, 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. to protect their constitutional rights. Protection of those rights have to begin at a local level with governmental bodies like the County Council. Vote for the resolution. Marja Cartwright, Bellingham, stated she is an immigrant to the United States, which has the power to investigate people. When she got her visa, everyone in her family was scrutinized. They don't need more laws. She has always been a pacifist. Society is too civilized to fight wars. She fears for what happens to her in this country right now. At all times, she carries with her the phone number to an attorney and the Finnish Consulate. Her family in Finland asks her how she can stay in the United States. They fear for her here. What's happening in this country is frightening. Chet Dow, 1583 Brookedge Court, stated he respects the councilmembers' work. Someone said there's no cost for this, but there is a cost to staff who perform their duties. One and a half hours tonight has been taken up by an issue that could have been addressed by other elected officials in the country. Someone spoke about the separation of powers and levels of government. The governmental system provides a forum to consider issues that are brought up. He has mixed feelings about all of this. He's impressed with the public spirit of many of the citizens of the county. There is a huge gathering of people here dedicated to this issue. Allow the federal government to consider what is before them tonight. Sharon Monteiro stated she supports the resolution opposing the Patriot Act as many in Whatcom County do. It's important for the County to join the City of Bellingham, which already opposes the Patriot Act. The City of New York also opposes the Patriot Act. It's a growing national movement. They want to keep their civil rights and the Bill of Rights. Martin VanBuren stated this is not a County Council issue. The County is not going to change this bill. They have to let the federal government change it. This doesn't have anything to do with county business. Larry Klepinger stated he is a veteran. His father -in -law was a Japanese pilot in World War II. They did some bad things, and the United States did some bad things. He's thankful they can be here today. If they approve this resolution, ask whether it will help. If they believe that it won't hurt the men and women in Iraq, then vote for the amendment. If it will hurt them in any way, then reconsider the vote. Lynn Barton, Bakerview Road, stated she addressed the Council two weeks ago about a problem with a federal agent. It was a federal agent at her door. The police department looked into the issue and was told it was a federal agent. However, the police department did not obtain any identification of the person. She has to go through the federal process of finding out who the agent was who came to her door. Since the agent was from the Department of Treasury, she questions Whatcom County Council, 4/20/2004, 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. whether she should investigate and complain about the agent, due to possible repercussions. She submitted a letter for the record (on file). OTHER ITEMS 12. RESOLUTION OPPOSING THE USA PATRIOT ACT (AB2004 -186) Nelson stated he is serving active duty in the Army. He was informed by legal counsel that it may not be appropriate to vote on this issue. He supports Councilmember Brenner's efforts in bringing this forward, but must recognize military separation from policy- making. He will excuse himself from the discussion and the vote, due to an appearance of fairness issue. (Clerk's Note: Councilmember Nelson left the room.) Brenner stated someone called her who disagreed with the resolution. The person kept asking her if she knew of anyone who is in jail because of this Act. It made her sad to hear someone tell her that she shouldn't complain about a law that could put someone in jail without being charged, without actually knowing anyone who has been put in jail due to the Act. It was even sadder to hear that its only a few people. She didn't support the City's resolution and wasn't that interested in the issue. However, she was taken by the resolution approved by the City of Tonasket. Her father, brother, and son are or have been military. She doesn't approve of being called a bad American because she doesn't support the Act. She read the substitute version of the resolution. Someone asked if this is really important to the people locally. It's costing local citizens money right now. She's pleased that so many people of so many persuasions came to speak to the Council. This resolution presented to the Council by someone from the radio station pretty much plagiarized her resolution. She doesn't see why they would have any problem with the resolution she wrote. She moved to approve the resolution. Crawford stated he is against the resolution. He believes passionately in the Bill of Rights. He understands the need to balance national security issues to protect the citizenry, from whom the consent for government comes. He strongly supports the current President's administration and war on terror. The system of checks and balances with the vote of Congress and judicial review of the courts has been effective for 228 years. It preserves, protects, and promotes freedom and individual rights. As a citizen of the United States, he does not share the fear of government that many people have expressed. His trust is based in his confidence in the constitutional structure of the government and based on his personal experience and interaction with his elected officials. He's had opportunity to voice his concerns and opinions, and received a response with openness to debate and dialog. His views may differ from many in the audience, and he respects their concerns. He urged people to bring their concerns to the federal elected officials, Rick Larson, Patti Murray, Maria Cantwell, and President George Bush. In the Whatcom County Council, 4/20/2004, Page 11 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. 1 meantime, he will not vote in favor of the County Council making any official 2 statement or resolution on this matter. 3 4 McShane thanked the councilmembers and citizens who worked on this 5 resolution. Although he hesitates sometimes, there are times when it's the County 6 Council's job to weigh the concerns of the community and speak for the 7 community. When the County Council speaks up for the community, it does play 8 well with the federal legislators. It gives more oomph to the lobbying effort. He is 9 in favor of the resolution. 10 11 He didn't hear anyone suggest recently that they were fond of the Patriot 12 Act. There was a suggestion to let the courts figure it out. Those who suffer from 13 having their constitutional rights violated receive little solace in having to go 14 through a long, lengthy process to recover their rights. It only applies to those who 15 are fortunate enough to have the resources and support structure to fight their 16 home government all the way to the Supreme Court. There have been cases where 17 it's been years and the people are long gone before their rights are granted to 18 them. The case of Japanese internment is one instance. He doesn't want to be a 19 part of anything like that again. He doesn't buy the issue of just handing it over to 20 the courts to decide. They should speak out. As a legislator, he knows legislators 21 try to weigh carefully the Constitution. 22 23 Roy stated she is against the resolution. Before elected to the County 24 Council, she used to sit as an observer of the Council for the League of Women 25 Voters. One time, the County Council wrote a letter to the federal government 26 saying that dams were good for fish. At the time, she wondered how the seven 27 people on that Council dared to represent that position in behalf of her, a county 28 citizen. When running for office, people ask if they are a Democrat or Republican. 29 She told them that they don't deal with national issues. They deal with local issues, 30 so party affiliation doesn't matter. If she was offended by a County Council 31 representing the county on an issue she degrees with, she ought to carry that 32 principle through when she agrees. She was elected to do county business. 33 Everything the federal government does affects Whatcom County. She can write 34 many resolutions about different federal issues. She supports every word in the 35 resolution. However, this is not the Council's role. The elected officials in 36 Washington D.C. would be more impressed by a phone call and letter from each 37 citizen than from the County Council. 38 39 Caskey- Schreiber stated Councilmember Roy made some good points. She 40 was afraid this would be viewed as a partisan issue. It's a federal issue. Due to 41 Councilmember Nelson's support, the resolution has come forward. Once here, she 42 is faced with the dilemma of making a decision. She investigated whether or not it 43 is a local issue. She spoke to experts in the field, including someone who has spent 44 his entire academic career studying the Constitution. 45 46 She learned that the Patriot Act threatens the very principles of the fourth 47 amendment, which advocates for the protection of citizens' privacy and freedom Whatcom County Council, 4/20/2004, 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 47 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. from unreasonable searches. Everyone needs to be able to speak publicly without fear of retribution from the government. That's essential to the foundation of the country. They all deserve freedom of speech without fear of consequences from the government. That's how the Act affects people locally. She agrees with Councilmembers Crawford and Roy that if the citizens want to really make a difference, go to Washington D.C., write letters, or make phone calls to let their voices be heard. She supports the resolution opposing the Patriot Act. They have to start somewhere. Constituents she represents are asking her to represent them. She thanked councilmembers Brenner, Fleetwood, and Nelson in crafting the resolution, which is a non - partisan effort. All three come from different perspectives. Fleetwood stated there was a question of whether or not this is County business. Everyone could come forward and express a passionate opinion for one side or the other. There's no County Charter or code provision that provides direction to the Council on what it's supposed to do. The Council trying to persuade federal congressional members to try and make changes to the Act has some small, incremental, beneficial effect. The effects are small, but worthwhile, which gives them a local purpose. The resolution strikes the right balance. They're not saying that every provision in the Act is inappropriate. The resolution acknowledges that some provisions are appropriate, but there are some provisions that are not appropriate. There are provisions in the law that have a chilling effect on the right to assemble and speak. There are provisions that violate fundamental notions of privacy. There are provisions in the Patriot Act that reduce standards for search and seizure to something less than probable cause. Those are incredibly important, core elements of what this country is all about. He supports the resolution opposing the Patriot Act. He was once reluctant about this coming forward. However, he likes seeing the people here express themselves. This is the closest he's seen to local democracy at work. Motion to approve the resolution carried 4 -2 -1 with Crawford and Roy opposed, and Nelson abstaining. (Clerk's Note: The Council took an eight- minute break at 9:10 p.m.) PUBLIC HEARING 1. RESOLUTION TO SELL TAX TITLE PROPERTY BY PUBLIC AUCTION, REQUEST 02 -04 (AB2004 -151A) McShane opened the public hearing and, hearing no one, closed the public hearing. Nelson moved approval. Motion carried unanimously. Whatcom County Council, 4/20/2004, 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 47 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. 2. RESOLUTION TO SELL TAX TITLE PROPERTY BY PUBLIC AUCTION, REQUEST 03 -04 (AB2004 -152A) McShane opened the public hearing and, hearing no one, closed the public hearing. Caskey- Schreiber moved approval. Motion carried unanimously. 3. RESOLUTION TO SELL TAX TITLE PROPERTY BY PUBLIC AUCTION, REQUEST 04 -04 (AB2004 -153A) McShane opened the public hearing and, hearing no one, closed the public hearing. Fleetwood moved approval. Motion carried unanimously. 4. RESOLUTION TO SELL TAX TITLE PROPERTY BY PUBLIC AUCTION, REQUEST 05 -04 (AB2004 -154A) McShane opened the public hearing and, hearing no one, closed the public hearing. Crawford moved approval. Motion carried unanimously. S. ORDINANCE CONTINUING THE INTERIM CONDITIONAL USE CRITERIA ADOPTED BY ORDINANCE 2003 -050 FOR THE SITING OF MUSHROOM COMPOSTING AS A CONDITIONAL USE WITHIN THE AGRICULTURAL ZONING DISTRICT (AB2004 -150) McShane opened the public hearing and the following people spoke: Greg Barlean, Hopewell Road, stated he is available to answer questions. The Planning Commission workshop was requested by Jon Sitkin and hosted by the Planning Department and a committee handpicked by Kraig Olason. Not much was accomplished. The workshop was shelved until a resolution of the solid waste handling regulations were brought forward. Elizabeth Deny, Everson, asked the Council to roll over the ordinance. To make a prudent decision, the County must take more time to explore its options and gather information. It's a complex issue that is important to families and Whatcom County Council, 4/20/2004, 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 46 47 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. businesses in the Glen Echo, Hopewell, and other communities where future facilities will be sited. Hearing no one else, McShane close the public hearing. Brenner moved to adopt the ordinance. Crawford asked for a future executive session discussion to review the issue. McShane stated a citizen from Pennsylvania is interested in what the County is doing about mushroom composting. It is a great concern of people in that part of the country. Motion carried unanimously. CONSENT AGENDA Crawford reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through eleven and thirteen through sixteen. The administration withdrew item 12 from the agenda. Nelson withdrew item four. McShane withdrew item three. (Clerk's Note: End of tape two, side A.) Motion to approve Consent Agenda items one, two, five through eleven, and thirteen through sixteen carried unanimously. 1. RESOLUTION AMENDING WHATCOM COUNTY'S HARTFORD 457 DEFERRED COMPENSATION PLAN (AB2004 -169) 2. RESOLUTION AMENDING WHATCOM COUNTY'S ICMA -RC 457 DEFERRED COMPENSATION PLAN NO. 304613 (AB2004 -170) 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND PARAMETRIX, INC. TO COMPLETE THE REVIEW OF THE COMPREHENSIVE PLAN FOR COMPLIANCE WITH THE REQUIREMENTS OF THE GROWTH MANAGEMENT ACT AND TO AMEND THE COMPREHENSIVE PLAN AND CRITICAL AREAS ORDINANCE AS NEEDED, IN THE AMOUNT OF $75,000 (AB2004 -171) McShane moved approval. Whatcom County Council, 4/20/2004, 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 47 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. 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND PARAMETRIX, INC. TO INVENTORY AND ANALYZE SHORELINE ECOLOGICAL CONDITIONS AND LAND USE; DEVELOPMENT OF GOALS, POLICIES, ENVIRONMENT DESIGNATION, AND USE REGULATIONS, IN THE AMOUNT OF $330,000 (AB2004 -172) Nelson asked about Task 3.3 regarding Shoreline Characterization and analysis. He's concerned that the County leads a consultant where the County wants the consultant to go rather than allowing the consultant to do what he or she is hired to do. He asked if this task leads the consultant. Jeff Chalfant, Senior Planner, stated this is methodology the consultant used while conducting past inventories for other jurisdictions. It's the one accepted methodology by the Department of Ecology. It was developed by a consortium of private sector consultants and the Department of Ecology. It analyzes how areas outside the shoreline jurisdiction impact the shoreline features. Nelson stated he would support this, but get a product that will fit for Whatcom County. The reach -scale analysis separates shorelines into different reaches. He asked how a neighboring reach can be considered completely different. The different sections impact each other. Chalfant stated the current shoreline map is segmented into different reaches. Those reaches coincide with the separate shoreline designations, based on existing development. They will review what they currently have and refine it based on a better understanding of the ecological functions. Understanding of river dynamics has become better over the years. Nelson asked if it is common when doing shoreline analysis to analyze different areas differently. Chalfant stated that's how it's been done traditionally since the 1970's. McShane stated the Council, which makes the ultimate decisions, can tweak these definitions of certain reaches. It's not just about ecological or physical aspects of the reaches. They can consider projected future shoreline use. Chalfant stated there may have been permitted development that has occurred since the last update of the shoreline program that would result in the way a reach is segmented. Nelson asked if it means to have different perspectives from the community or government. Chalfant stated that is from the integration analysis in section four. The idea behind the integration strategy is to address gaps, overlaps, and inconsistencies. They will get applicants and developers to provide their perspectives on how to streamline the permitting process and regulations. Whatcom County Council, 4/20/2004, Page 16 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 47 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 stated the assumptions mention that the task does not include a full review of the regulatory policies of neighboring jurisdictions. He asked if this will tie their hands. Chalfant stated that is a negotiation between what the County will do and what the consultant will do. They decided this is a task the County staff can do, and took it out of the consultant's scope of work. The staff identifies roles and responsibilities. The task doesn't need to be there anymore. Nelson moved to delete lines 502 and 503 on Council packet page 135, "This task does not include a fUll Feview of regulatery policies in neighboring Motion carried unanimously. Nelson asked from where the reference in task 7.2 to no net loss of ecological function comes. Caskey- Schreiber stated the Department of Ecology philosophy for all shorelines is no net loss. Chalfant stated it's a rule they have to achieve. They have to demonstrate no net loss of ecological function. If there is development, there has to be compensatory mitigation elsewhere. Nelson stated it's a nice objective. He doesn't like it as an objective. Roy stated it doesn't matter. It's the State's. McShane asked if there can be a loss within the city of Bellingham, and a gain outside the city. Chalfant stated that can be coordinated. Nelson read from Council packet page 140, lines 719 through 722 regarding comments from the Technical /Advisory Committee. He asked for an explanation. Chalfant stated it is an effort to control costs. The County staff would consult directly with the Technical /Advisory Committee to get comments. Staff will take those comments and turn them into consultant direction instead of having potentially conflicting direction from many different sources. Staff will resolve those conflicting comments. Nelson stated the consultants will be here while the County looks at the final product. He asked if the Council will see each of the recommendations from the consultant, staff, committee, and Planning Commission. Chalfant stated it will. The consultant will provide a first draft of the shoreline designations. Staff would look at them and coordinate with the Technical /Advisory Committee on concurrence with the methodology used. If there are any corrections, they will be filtered through staff so the consultants have clear direction. Whatcom County Council, 4/20/2004, Page 17 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 47 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 read from Council packet page 143, lines 827 and 828 regarding forest practices for conversions. He asked if the State Department of Natural Resources (DNR) is reviewing those class IV permits. McShane stated this is a conversion. Therefore, the County wants to have standards in place for the conversion harvest so they follow County development regulations. Nelson asked if they already decided to go with DNR in the Lake Whatcom watershed. McShane stated they did on private timberlands, but not the actual conversion. Some properties are automatically treated as conversions based on when they were platted, even though the owner had no desire to convert. Chalfant stated the County administers class IV conversions at this time. McShane stated the County was considering a tree retention ordinance in that area. Due to the underlying plats, some people were caught in a catch -22 regarding tree retention. Nelson stated the owners would still go through DNR, rather than the County, if they are not converting their plats. McShane stated the County made an exemption to exempt them from the rules, due to the circumstances of their situation. There will probably be others in that situation and that the County should be aware of. Nelson stated the Forestry Forum can check out that situation. Watch it carefully. If there are accepted forest practice standards, and the property remains forested, he would support it. If the property is converted, the owners shouldn't have to go to DNR, but to the County. The owner shouldn't have to go through both DNR and the County. Roy stated she asked Dave Grant to look into this issue. When DNR issues a permit, the applicant is allowed to convert and not follow through on the original permit restrictions. They can strengthen the rules to prevent those kinds of things from happening. Dave Grant, Senior Civil Deputy Prosecutor, stated there isn't currently a full - time forester on County staff to deal with these issues. There is a void in the County's capability to handle the conversion option harvest plans. It would be wonderful to get expert outside help through this contract. Nelson stated he agreed. Work with foresters on it. Nelson read from Council packet page 146, lines 964 through 965 regarding parcels exceeding the zoning by more than 200 percent. When they look at zoning Whatcom County Council, 4/20/2004, Page 18 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 47 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. and potential density, they're looking at the potential. One recent subdivision potential was reduced by 50 percent. In reality, no one in the last few years develops at full potential. He asked how they extrapolate the potential build out. He asked if that's what the 200 percent is about. Chalfant stated lots that are more than twice the minimum lot size are subdividable in the future. Nelson asked if there is anyway to do analysis based on what is actual and what is real. Chalfant stated they'll take what they know of existing wetlands and use the setbacks currently in the code to determine what's reality. McShane moved to approve Consent Agenda items three and four. Motion carried unanimously. S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND STEWART +KING PARTNERSHIP FOR CENTRAL SHOP ALTERATIONS, IN THE AMOUNT OF $32,150 (AB2004 -173) 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND STEWART +KING PARTNERSHIP FOR NORTHWEST ANNEX ALTERATIONS TO CREATE THE " "ONE- STOP" PERMIT CENTER IN THE AMOUNT OF $34,700 (AB2004 -174) 7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN ANNUAL CONTRACT BETWEEN THE WHATCOM COUNTY SHERIFF'S OFFICE AND USDA MT. BAKE R- SNOQUALMIE NATIONAL FOREST FOR THE PROVISION OF PATROL SERVICES OF A DEPUTY AND A FULLY EQUIPPED, MARKED SHERIFF'S VEHICLE TO PATROL ANY AND ALL AREAS ON NATIONAL FOREST LAND WITHIN WHATCOM COUNTY, IN AN AMOUNT NOT TO EXCEED $60,000 (AB2004 -175) S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A RESIDENTIAL LEASE AGREEMENT BETWEEN WHATCOM COUNTY PARKS & RECREATION AND TRACEY R. WILLIAMS AND MICHAEL J. BISCONER TO LEASE A STUDIO APARTMENT LOCATED IN THE NIELSEN HOUSE AT THE TENNANT LAKE INTERPRETIVE CENTER (AB2004 -176) 9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A RESIDENTIAL LEASE AGREEMENT BETWEEN WHATCOM COUNTY PARKS & RECREATION AND TIMOTHY AND MANDY SWITZER TO LEASE THE HOUSE LOCATED AT 311 E. LAKE SAMISH DRIVE, BELLINGHAM FOR A TERM OF ONE YEAR COMMENCING ON JANUARY 30, 2004 AND ENDING ON JANUARY 29, 2005 (AB2004 -177) Whatcom County Council, 4/20/2004, Page 19 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. 10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A RESIDENTIAL LEASE AGREEMENT BETWEEN WHATCOM COUNTY PARKS & RECREATION AND PHIL O'CONNOR AND CATHERINE WILSON TO LEASE THE HOUSE LOCATED AT 367 E. LAKE SAMISH DRIVE, BELLINGHAM FOR A TERM OF ONE YEAR COMMENCING ON MARCH 20, 2004 AND ENDING ON MARCH 19, 2005 (AB2004 -178) 11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A RESIDENTIAL LEASE AGREEMENT BETWEEN WHATCOM COUNTY PARKS & RECREATION AND JUSTIN AND CARISSA HAUG TO LEASE THE HOUSE LOCATED AT 5305 NIELSEN AVENUE, FERNDALE, FOR A TERM OF ONE YEAR COMMENCING ON FEBRUARY 19, 2004 AND ENDING ON FEBRUARY 18, 2005 (AB2004 -179) 12. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A RENTAL AGREEMENT BETWEEN WHATCOM COUNTY PARKS & RECREATION AND CHRIS FULTON FOR REAL PROPERTY SITUATED ON THE MAPLE FALLS TO GLACIER TRAIL, GLACIER, WASHINGTON FOR A TERM OF FIVE YEARS COMMENCING ON JANUARY 1, 2003 AND ENDING ON DECEMBER 31, 2007 (AB2004 -180) 13. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #04- 32 FOR THE SUPPLY OF A REPLACEMENT HIGH ROOF CARGO VAN TO THE LOW BIDDER, BELLINGHAM CHRYSLER, IN THE AMOUNT OF $35,588.06 (AB2004 -181) 14. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #04- 35 FOR THE ANNUAL SUPPLY OF ASPHALTIC MIXES FOR COUNTY ROAD PROJECTS TO THE APPROPRIATE LOW BIDDER, BASED ON JOB LOCATION AND DISTANCE FROM PLANT, AND PRODUCT AVAILABILITY, FOR A TOTAL EXPENDITURE OF APPROXIMATELY $400,000 (AB2004 -182) 15. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #04- 37 FOR A REPLACEMENT VIBRATORY ROLLER TO THE LOW BIDDER, SAHLBERG EQUIPMENT, IN THE AMOUNT OF $47,698.20 (AB2004- 183) 16. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #04- 38 FOR THE SUPPLY OF AN ASSORTMENT OF CUT STEEL FOR THE RIFLE RANGE TO THE LOW BIDDER, SKAGIT RIVER STEEL & RECYCLING, IN THE AMOUNT OF $46,550.81 (AB2004 -184) OTHER ITEMS Whatcom County Council, 4/20/2004, Page 20 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. 1. DISCUSSION (CONTINUED) AND POSSIBLE APPROVAL OF RECOMMENDATIONS OF THE FINAL DRAFT OF THE SALMON RECOVERY INTERLOCAL AGREEMENT BETWEEN THE LUMMI NATION, NOOKSACK TRIBE, WASHINGTON STATE DEPARTMENT OF FISH AND WILDLIFE, WHATCOM COUNTY, AND THE CITIES OF BELLINGHAM, BLAINE, EVERSON, FERNDALE, LYNDEN, NOOKSACK, AND SUMAS (AB2004 -115A) Roy reported for the Natural Resources Committee and moved to approve the agreement with the amendment submitted in committee today. Motion carried unanimously. 2. DISCUSSION REGARDING WRIA 1 WATERSHED MANAGEMENT PROJECT (AB2004 -025A) Roy reported for the Natural Resources Committee and stated the committee gave the following direction to Dr. Roll for the Planning Unit meeting on April 28: 1. Remove from the preliminary draft Watershed Management Plan reference to exploring the feasibility of importation of water from the Skagit River in Appendix J.3, and 2. Remove from the preliminary draft Watershed Management Plan reference to evaluate the feasibility of trans -basin importation from British Columbia. The committee's position was that WRIA is to look at the resource they have within WRIA, how they will allocate that resource, and how they will keep the resource sustainable. Part of the plan should not be to look at getting water from other areas. Brenner asked if Point Roberts is in WRIA 1. Crawford stated it is not. Roy stated Dr. Roll talked to them about water use tracking in appendix I.5. The Council is looking at and approving the draft that will go to the public. The committee felt the tracking appendix can be interpreted as being a little onerous. Dr. Roll says he feels that they should keep this in the draft, and support a more cautious approach to water use tracking through doing a pilot project such as Bertrand where they can look at how everything works together. Decide how to frame the general requirements for water use tracking from a pilot project. Dr. Roll will go to the Planning Unit with that recommendation. 3. ORDINANCE AMENDING THE 2004 WHATCOM COUNTY BUDGET, FOURTH REQUEST (AB2004 -160) Whatcom County Council, 4/20/2004, Page 21 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 47 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. Crawford reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. Motion carried unanimously. 4. ORDINANCE REVISING WHATCOM COUNTY CODE 3.40.030, BONA FIDE CHARITABLE OR NONPROFIT ORGANIZATIONS (AB2004 -161) Crawford reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. Motion carried unanimously. S. DISCUSSION REGARDING PAST AND CURRENT ACTIVITIES AT JAMES WAY WEST OF BIRCH BAY DRIVE (AB2004 -165) Brenner reported for the Public Works and Safety Committee and stated this was discussed. There is no public access to the beach. There is an option of private residents suing to obtain prescriptive use. It's a private civil matter and doesn't concern the County. Crawford asked about the current activity at the site. McShane stated the right -of -way is not fenced off. It is accessible to the public. 6. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM POINT ROBERTS TRANSITIONAL ZONE (TZ) TO RESIDENTIAL RURAL — 1 DWELLING PER ACRE (RR1) FOR APPROXIMATELY EIGHT ACRES (AB2004 -146) Fleetwood reported for the Planning and Development Committee and moved to adopt the ordinance. Motion carried unanimously. 7. PLANNED UNIT DEVELOPMENT, PUD2003 -0001, AND PRELIMINARY LONG SUBDIVISION, LSS2003 -0004, " "BAY CREST NORTH SUBDIVISION," JIJ CORPORATION (AB2004 -168) Fleetwood reported for the Planning and Development Committee and moved to accept the Hearing Examiner's recommendation. Motion carried unanimously. S. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY LAND DIVISION REGULATIONS (TITLE 21) (AB2004 -163) Whatcom County Council, 4/20/2004, Page 22 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. Fleetwood reported for the Planning and Development Committee and moved to adopt with the amendments made in committee: Fleetwood moved to reinstate the old language from section 21.04.060(2), "Frontage improvements to the public roadway(s) adjacent to the subject property shall be completed to the current functional classification prior to recording the short plat unless security is provided under WCC 21.04.140." and number the new subsection (2) as subsection (3). This language is intended to be reinstated until a traffic impact fee (TIF) ordinance is adopted. Motion to amend carried unanimously. McShane moved to delete findings 24 through 27 of the ordinance. Motion carried unanimously. McShane moved to reinstate the language in section 21.04.080(2), "(a) The beneficiary of the easement;" This is a recommendation from legal council. Motion carried unanimously. McShane moved to eliminate that language from section 21.04.080(3), "...burdening of the easement and beneficiaries. Examples of...." Motion carried unanimously. Crawford stated he is opposed to the changes to the ordinance. He has tried to believe this is the only solution to the perceived problem of the abuse of gift exemptions, in the sense they are not always used as they are intended. However, eliminating gift exemptions is a philosophical problem. It's still possible to get the law to reflect more accurately their intent for gift exemptions. A gift exemption will only occur at a density already zoned for that density. It doesn't increase density beyond what the zoning allows. Not allowing parents or grandparents a portion of their property to family within the accepted density is overreaching. Allow that transfer to occur. It doesn't infer the recipient can build or do anything with the property until appropriate regulatory review is done. It allows separate ownership by family members. He would like to pursue an exemption process for that purpose. Brenner stated she agreed with Councilmember Crawford. Council requested that staff find a way to make it work. Staff said the only problem with gift exemptions were that the recipients are turning around and selling the parcels, and that could be corrected by reinstating the five -year clause. She tried to do that in committee. She likes the rest of the ordinance, and is sorry she can't support it. Whatcom County Council, 4/20/2004, Page 23 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 47 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 she likes getting rid of gift exemptions. Gift exemptions lead to problem properties, which staff described. The recipient doesn't have to prove if the property can get water. The Planning Department ends up explaining to the recipients that the property could be very difficult and expensive to develop. It's not doing what it was designed to do. There isn't a way to fix it without undermining the entire subdivision process, especially when lots can be gifted without even being surveyed. People can still will their property to their children. The County is soon going to make the short -plat process easier. Nelson asked if the Council can recognize families who want to save their land for their children and have gift exemptions without going through the subdivision process. He asked if staff can come up with a way to address a gift exemption in these instances. McShane stated the County can do the short -plat for them and not charge them. Hal Hart, Planning and Development Services Director, stated other communities in Washington State have done this, but are running into the same kinds of problems. With today's laws and regulations, they're just passing the buck to the recipient to hire consultants for the process. The costs all come back to roost in an extended process in the Planning Department with consultants and frustrated realtors. They're trying to make it easier for them, when they haven't in reality. Reinstating the five -year clause does not alleviate the environmental issues that must be worked through. There is no easy answer. Mike Donahue, Engineering Manager- Traffic /Development, stated they hope the panacea for roads is the TIF. (Clerk's Note: End of tape two, side B.) Brenner stated they could require a survey on gift exemptions. There are ways to make it work so someone doesn't have to pay up front to give property to their children. Motion to adopt the ordinance carried 4 -3 with Nelson, Crawford, and Brenner opposed. 9. ORDINANCE ADOPTING THE BIRCH BAY COMMUNITY PLAN (AB2004- 121) This item was withdrawn from the agenda. 10. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN TEXT AND MAP REGARDING THE BIRCH BAY URBAN GROWTH AREA (AB2004 -122) Whatcom County Council, 4/20/2004, Page 24 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 47 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 item was withdrawn from the agenda. 11. APPOINTMENT OF TERI COOK TO THE PUBLIC HEALTH ADVISORY BOARD(AB2004 -185) Nelson moved to appoint Teri Cook. Motion carried unanimously. INTRODUCTION ITEMS Brenner moved to accept the Introduction Items. Motion carried unanimously. 1. ORDINANCE CONTINUING A MORATORIUM ON APPLICATIONS FOR CONDITIONAL AND /OR LAND USE PERMITS FOR ELECTRICAL POWER TRANSMISSION LINES OF 115,000 VOLTS OR LESS, DESIGNED TO CARRY 100 MEGAWATTS OR GREATER LOADS, EXCEPT IN THOSE DISTRICTS CLASSIFIED AS INDUSTRIAL (AB2004 -167) OTHER BUSINESS There was no other business. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Caskey- Schreiber stated the Georgia Strait Crossing (GSX) withdrew its permit application for their compressor. McShane stated there has been a loss of funding from the State regarding mental health issues. They need to find out more about it. He received a message from Rodney Lund regarding this issue. Nelson asked Councilmember Roy to follow up on this issue. There may be an ability through the North Sound Regional Support Network (NSRSN) to keep funding open. Roy stated she attended a two -day retreat with the regional mental health board. Hearing about the cuts was disheartening. Anyone who is not Medicaid eligible is not going to get mental health services. Whatcom County serves a lot of people who are not Medicaid eligible. Whatcom Medic One firefighters have said they will provide services whether or not someone is Medicaid eligible. They can't Whatcom County Council, 4/20/2004, Page 25 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 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. turn away someone in need and in crisis. The people at this conference were very distressed. McShane stated the first budget retreat for a two -year budget is scheduled on June 8, 2004 at 9 a.m. ADJOURN The meeting adjourned at 10:18 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on May 4 , 2004. ATTEST: Dana Brown - Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dan McShane, Council Chair Whatcom County Council, 4/20/2004, Page 26