HomeMy WebLinkAboutCouncil November 9 20041
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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
November 9, 2004
Council Chair Dan McShane called the meeting to order at 7:04 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 on the proposed updates for
the year 2005 to Resolution 2003 -063 (Unrepresented Resolution) and
compensation for certain unrepresented positions (AB2004 -387) in
executive session during the Committee of the Whole meeting.
McShane also announced there was discussion and review of requested
proposals for Hearing Examiner services (AB2004 -398) in executive session
during the Committee of the Whole meeting.
McShane finally announced there was discussion and review of
applications received for the position of Interim District Court Judge
(AB2004 -359) in executive session during the Committee of the Whole meeting.
The Council will move forward with a decision - making process later this
month, including interviews, with the goal of making an appointment by the end of
November.
MINUTES CONSENT
SPECIAL COUNCIL MEETING (2005/2006 BUDGET WORK SESSION)
FOR OCTOBER 26, 2004
Brenner moved to approve the minutes.
Whatcom County Council, 11/9/2004, 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.
Motion carried unanimously.
OPEN SESSION
The following people spoke:
Chris Ungern, 295 Northshore Road, submitted and read his testimony (on
file). He is opposed to the Whatcom Connector in the ordinance adopting the
Six -Year Capital Improvement Program 2005 -2010 (Appendix F of the
Whatcom County Comprehensive Plan) (AB2004 -337). Also, he is pleased
that the Lake Whatcom Landscape Plan was approved. He is opposed to the
County's lawsuit regarding the Landscape Plan.
Brian Canfield, 289 Marine Drive, Point Roberts, stated he supports the
resolution ordering an election for the proposed Point Roberts Public
Hospital District (AB2004 -377). Interfaith provides the service to the
community. It has been successful. However, revenues have not met
expectations. The clinic is not self- funding, yet it is a vital service for the
community. The federal grant the community received a couple of years ago
expires in April 2005. The community needs the district for a funding mechanism
for the clinic. The community signed a petition for due process and a special
election that required 38 signatures. They gathered 300 signatures over four days.
He asked for the Council's support. Time is an issue.
Don Hansey, 907 - 41" Street, Bellingham, submitted and read his testimony
(on file) regarding a procedural matter to remove the Whatcom Connector from
ordinance adopting the Six -Year Capital Improvement Program 2005 -2010
(Appendix F of the Whatcom County Comprehensive Plan) (AB2004 -337).
The project could benefit the water in Lake Whatcom. He asked that a hearing be
held open to the next meeting.
Dorothy Vale, Whatcom Rainbow Coalition, stated she would speak on the
discussion and review of applications received for the position of Interim
District Court Judge (AB2004 -359). All applicants are entirely white male.
There is one female applicant. The Council's aim must be for a diversified
representation. She would like the Council to go back to the beginning of the
recruiting process and hopefully get at least half of the applicants who are female
or otherwise diversified.
Richard Gilda, Jensen Road, Bellingham, submitted unbiased magazines to
Council on the environmental protection, timber, stormwater, and other issues. He
suggested that the Council get a subscription to those magazines. They are free.
Bern Haggerty, Whatcom Rainbow Coalition, stated he would speak on the
discussion and review of applications received for the position of Interim
Whatcom County Council, 11/9/2004, 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.
District Court Judge (AB2004 -359). He drafted a resolution about diversity in
the appointment process for District Court judges by the County Council. The code
requires recruitment practices that are designed to include under - represented
minority employees. At the current rate, women will achieve parity with men in the
U.S. Congress in 300 years. That's too long. Parity may never happen in County
judgeships. Reconsider recruitment practices. The Council should recruit from a
broader pool of candidates. He encouraged the Council to reissue the recruitment
form.
Nelson asked if qualifications and ability is less or more important than
diversification. Haggerty stated he looked at the County code, which requires
recruitment practices. He suspects the County doesn't have them.
McShane stated that unfortunately, this is a political appointment, so
recruiting practices may not apply. However, others can get their names into the
Council, but the Council may not look favorably on those applications. There has
been a month -long application process.
Nelson stated the process has been open and publicized for quite some time.
Dennis Jones, 1487 Sudden Valley, stated he supports Lake Whatcom
Management Plan. Sudden Valley residents held its board elections recently.
Sudden Valley used to run a deficit, but now they aren't. The crew out there is
very proactive. They used models from Birch Bay to create a community plan with
goals. He apologized to anyone he may have offended in the past. What they
resolved 14 or 16 years ago is finally being implemented. They now have the new
Austin Creek bridge for safety. He asked how they can win the challenge to save
Lake Whatcom. They have to deal with the problem. In 1992, they created a plan
and funded it in 1998. The Sudden Valley community gave up $1 million every two
years through its density reduction program. He thanked the County Council. Take
a look at extending San Juan Boulevard. The decision is apolitical.
PUBLIC HEARINGS
1. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY
CONSERVATION FUTURES PURPOSES FOR 2005 (AB2004 -367)
Dewey Desler, Deputy Administrator, gave a staff report and stated there is
no recommended increase.
McShane opened the public hearing and, hearing no one, closed the public
hearing.
Brenner stated this levy happened because many citizens wanted to protect
sensitive, critical areas. The levy was put on the ballot and was passed
overwhelmingly. The levy came into being when it was voted on by the public.
Whatcom County Council, 11/9/2004, 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.
Crawford stated the County has been using the money to purchase
properties it wants to protect and preserve for future generations. They have
acquired phenomenal properties in the past year. Most people in Whatcom County
are starting to see the benefits.
Caskey- Schreiber stated that they've used the fund to remove development
rights from 275 acres of prime farmland and to purchase land in the Lake Whatcom
watershed.
McShane moved to adopt the ordinance.
Motion carried unanimously.
2. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY ROAD
PURPOSES FOR 2005 (AB2004 -368)
McShane opened the public hearing and, hearing no one, closed the public
hearing.
Fleetwood moved to adopt the ordinance.
Brenner stated the levy amount has not gone up this year.
Motion carried unanimously.
3. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND
STATE PURPOSES IN WHATCOM COUNTY FOR THE YEAR OF 2005
PURSUANT TO HOME RULE CHARTER SECTION 6.10 (AB2004 -369)
McShane opened the public hearing and, hearing no one, closed the public
hearing.
Roy moved to adopt the ordinance.
Brenner stated this levy percentage has not gone up this year.
Motion carried unanimously.
4. ORDINANCE ADOPTING THE WHATCOM COUNTY 2005 -2006 BUDGET
(AB2004 -027B)
McShane opened the public hearing and the following people spoke:
Jon Komorowski, Chief Deputy, stated Public Defender John Ostlund asked
him to address the Council. The Public Defender's Office seeks an additional felony
attorney and an additional social worker investigator, in addition to the positions
Whatcom County Council, 11/9/2004, 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.
the Executive recommends. It results in a net increase in one attorney in the
office. Two of those recommended positions have already been filled on a
temporary basis. The additional attorney would handle Becca Bill hearings and the
mental health hearings, which are increasing exponentially due to changes in State
and federal law. The department is very grateful for the support of the Council and
Executive. He is not here to complain, but to explain the situation. They try to be
frugal with County resources within the constraints of the budget. They had
thought they could make it through 2006 without asking for these additional two
positions. However, it's now apparent that they cannot do that. A well- respected
attorney in the Public Defender's Office resigned due to health - related problems
attributed to job stress. This felony attorney's caseload was around 70 cases.
There are standards by the American Bar Association. A judge has contacted the
office suggesting that another of their attorney's is overworked. The department is
not confident it can retain its attorneys. At a meeting of law and justice
department heads, the consensus was that the source of the problem was the
inability of the Prosecutor's Office and Public Defender's Office to process cases.
The department is not able to process the cases with the current staffing level.
Lisa LaGuardia, Deputy II, stated she is the only civil attorney of the 14 full -
time attorneys in the Public Defenders Office. All of her clients have not committed
clear crimes and there is no punishment to oppose. Her clients are in extreme
crisis. They all face the destruction of the parent /child relationship. Currently, the
American and State Bar Associations recommend a caseload limit for these cases of
60 cases per year. She carries about 112 cases. Most of the cases are dependency
cases. The parents have drug or alcohol addictions, extreme mental health issues,
developmental disabilities, or are children. They are impoverished and single
parents. She also represents teenagers living outside of the home, have no access
to services, and who cannot get help from other social workers. Those teenagers
may be runaways, addicted to drugs, living on the streets, and who are at risk of
becoming criminal offenders or victims of crime. There is no clear support system
for her clients. They must provide services to people who are trying to get their
children back. She is in court daily to get these people services. It involves a lot of
hand - holding. She can't do it all by herself. She really needs a social services
coordinator to help her get the clients services so families can be reunited.
Brenner asked if this request is the same position that Mr. Komorowski
requested. LaGuardia stated she is. She's specifically addressing the need for a
social services coordinator.
Kim Schuster, Social Services Coordinator, stated she is in favor of funding
another social services coordinator and felony attorney. Her job is to assist
attorneys in preparation of cases when clients have psychiatric illness, chemical
dependency, developmental disability, or medical disorders. Clients are brought to
attention from attorneys in the office, the jail, tribal and local social service
agencies, the clients family, or the clients themselves. She conducts background
investigation of medical, social, psychological issues, housing, and other situations
for the client. The product of her investigation is a presentation to the court. She
Whatcom County Council, 11/9/2004, Page 5
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 also helps clients find appropriate rehabilitative programs to transition back into the
2 community following incarceration and housing. There has been only one position
3 of this type for the last 13 years in the Public Defender's Office. The growing
4 population necessitated the hiring of additional attorneys. With recent cuts to
5 services, they're seeing more clients. It is impossible for even ten percent of cases
6 to have social services support. In most cases, the juvenile clients who need
7 services the most don't receive any support. The department is asking for one
8 additional position, but really needs four positions.
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10 Gordon Rogers, Council of Governments, thanked the Council for matching
11 grant funds for transportation planning. It enables them to complete federal and
12 state transportation planning requirements. He explained some of the ongoing
13 projects and upcoming projects, including a transportation model, transportation
14 improvement program, architecture for intelligent transportation systems
15 applications, international mobility and trade corridor work, education in
16 preparation for the 2010 Olympics, and trails.
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18 (Clerk's Note: End of tape one, side A.)
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20 Rogers continued to state they are developing a priority list for the lobbyist
21 on transportation issues in Olympia. They also work on commute trip reduction,
22 west coast corridor issues, and other tasks as assigned.
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24 Jon Raney, Deputy II felony attorney, stated Whatcom County is required to
25 provide indigent defense according and to establish standards for those services, as
26 specified in the Revised Code of Washington (RCW) 10.101.030. He's not aware
27 that any standards have been adopted. The standards recommended by the
28 American Bar Association and Washington Bar Association requires counties to
29 provide constitutionally adequate counsel. Defining constitutionally adequate
30 standards was done by the bar associations. A felony attorney handling felony
31 indigent cases shouldn't handle more than 150 cases per year. That's the
32 maximum caseload the study recommended in 1992, when conditions of practice
33 were less demanding than they are now. He has almost 200 cases. The
34 department isn't able to adequately serve the clients at the current caseload. The
35 clients suffer terribly. People must be properly represented. The proposal for one
36 additional felony attorney is about two and a half attorneys short of what they
37 really need to get with the guidelines. They are going to have real problems if this
38 isn't done. The system will come to a halt. The defense attorneys are the only part
39 of the system that is constitutionally mandated. If they stop doing what they do,
40 they can't even arraign defendants.
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42 Carol Follett, 2605 Lakeridge Drive, stated she is a member of the Chamber
43 of Commerce, but feels it is inappropriate for the County to give the Chamber
44 money because it is a political action agency. Even though the Chamber said it
45 would be careful about separating its finances, giving the Chamber money would
46 finance its entire endeavor, including the political action committee. The Chamber
Whatcom County Council, 11/9/2004, Page 6
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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.
received approximately $34,000 funding from the City hotel /motel tax for the Ski to
Sea Festival.
Brenner asked if the Chamber also received money from the Visitor and
Convention Bureau. Follett stated that is what the hotel /motel tax is from.
Hearing no one else, McShane closed the public hearing.
Brenner moved to adopt the ordinance.
Brenner stated she wanted to add the social services coordinator position
and the family attorney position to the Public Defender's Office, and to eliminate
funding for the Chamber of Commerce and the Economic Development Council
(EDC). The EDC does a great job, but she doesn't know that the County is
receiving all the services it wants from the EDC. Also, this is more important, if
they have to make priorities. Concerns from the Public Defender's Office regarding
mental health issues keep being put on the back burner, and they will pay a price
for that at some point. The other things are nice to have, but this is a necessity.
Brenner moved to add additional services request (ASR) 2005 -3679, a
social services coordinator in the Public Defenders Office starting in 2005 in the
amount of $51,295.
Nelson stated many departments need help. The Council has to be frugal.
He agrees with providing more help to keep as many people out of the system as
possible. He'd like to see a plan come forward on how to do that. This motion has
impacts to other law and justice departments. Create a coordinated plan that
includes social services in the community.
Caskey- Schreiber stated she is perplexed about why the councilmembers
didn't hear about these requests when it discussed the budget earlier. She doesn't
want to start a trend to discourage people from participating in the process, but will
not bring requests forward at the last night. For that reason, she hesitates
supporting the motion. She's sure the Public Defender's Office would make good
use of a social services coordinator, and it's probably the best investment to reduce
recidivism. She's not in favor of funding for another attorney, because then the
Prosecutor's Office will want another attorney. The County needs to approach this
holistically. With the approval of the jail tax, the County will revisit the staffing
level for all the law and justice departments.
Crawford asked if the coordinator position would affect the attorney balance
between the Public Defender's Office and the Prosecutor's Office.
Dewey Desler, Deputy Administrator, stated it doesn't. The Public Defender
requested the position for 2006, not 2005. It's fortunate that Whatcom County has
a social services coordinator in the Public Defender's Office. Many counties don't
have that service.
Whatcom County Council, 11/9/2004, Page 7
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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.
Crawford stated the overcrowded jail in Whatcom County is a big problem.
They are about to expand jail space. Along with that additional space is added
cost. He asked how many people they can divert from incarceration if the County
makes this investment. He asked how much it costs to house one inmate per year.
Bill Elfo, Sheriff, stated it costs the County $20,000 to $22,000.
Crawford stated that diverting three or more person makes this investment
worthwhile.
Schuster stated the new jail is going to increase the number of
misdemeanants in the system. Misdemeanants traditionally are chemically
dependent and mentally ill. Those are the people the County can work with, if
there is staff to do that.
Crawford asked if there is a longer term success rate from the service this
position offers than incarceration. Schuster stated there is. Every individual is
different, but if they can help keep people out of jail, it's worth it.
Brenner stated this is an important service that was requested. It will
provide enough diversions to mental health services to pay for itself. The County
keeps putting mentally ill, developmentally disabled, and people with dual
diagnoses on the back burner. No one has a problem supporting the jail. Triage is
only a part of the solution. The social service coordinator is part of triage, too. She
appreciates that they do a lot more for the mentally ill than other counties, but they
don't enough. They certainly find the money to do a lot of fun things, but this is
something they need to do. She appreciates councilmembers' hesitancy because it
wasn't brought up earlier. However, she's seen this request somewhere in the
packet, even though it wasn't discussed. This will cut back on recidivism and bring
families closer.
Nelson stated no one disagrees that the service is valuable. However, the
position doesn't do anything other than get people into social services. They don't
even know what services are available or how they work in the community.
Evaluate the entire system holistically. Make sure the services are available.
Roy stated she agrees that the position is very important. She brought it up
during the committee meetings. The Council has a process. She asked every
department head if there was anything they wanted to lobby for. She's concerned
about the request coming forward at this point in time. She would rather have
talked about this earlier. She would like to have a discussion with the
administration about this issue. The administration brought together all in the
criminal justice system and talked about what the system needs. She asked if the
administration can talk more about this issue and then come to the Council with a
supplemental budget request. The councilmembers are sympathetic, but she's
concerned about the process.
Whatcom County Council, 11/9/2004, Page 8
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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.
Desler stated Mr. Ostlund requested the position, and said it was a lower
priority than the requested attorneys. The administration heard that also from the
courts and judges. There are tremendous cutbacks occurring in the community. If
the County government is going to be part of the solution, it must address services
in the jail, emergency management services (EMS) system, and other social
agencies. The social services coordinator position can provide value in 2006, but
do the review at the end of 2005 first.
Crawford stated he's more willing to look at it now. He sees the need in the
community. The community received a grant to do outreach for substance abuse
and homelessness. Folks want to make those kinds of connections. They don't
have to do outreach because the clients are ready. This service is ancillary to
incarceration, and has to do with how a person is able to cope with a situation and
get back on his or her feet. He's not sympathetic to violent offenders, but there are
other people they can keep out of the system, which will ultimately save taxpayer
money. He suggested a friendly amendment to add the coordinator beginning
in 2006. The public defender did not ask for this in 2005. They are funding other
pubic defender attorneys. He would vote for the motion if it goes along with what
the Public Defender asked for. It's not prudent to go beyond what the department
head asked for.
Brenner accepted the friendly amendment. The Council can ask the
administration to bring it forward in 2006, but it can't guarantee that will happen.
She wants to make sure it happens and the funding is in there. They can still have
discussions on the service.
Caskey- Schreiber stated the Mr. Ostlund ranked another deputy public
defender position higher than this position. She thought this budget process would
help the Council make the best decisions. She's leery of disrespecting the Mr.
Ostlund's ranking.
McShane stated this budget is well- crafted and reflects everyone's priorities.
This issue was discussed in committee. The committee was receptive to this
request. The department is struggling to provide social services. He'd be willing to
approve funding for 2005 because it will take time to hire a coordinator.
Roy stated she asked Mr. Ostlund whether the attorney or the coordinator
was more important. Mr. Ostlund said the attorney is more important. The Council
should not determine a department's priorities. The councilmembers were very
sympathetic about the coordinator position.
Crawford stated his reason for supporting the motion is not to second -guess
Mr. Ostlund's priorities. This position has a unique benefit. Given the resources,
they would love to increase staff in the entire system to deal with caseloads.
Whatcom County Council, 11/9/2004, Page 9
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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 Mr. Ostlund would want this position filled. He may rather
have the attorney, but the Council isn't going to give him the attorney. That
doesn't mean Mr. Ostlund doesn't want the coordinator. Don't imply that the
Council shouldn't fund the coordinator position because it won't fund the attorney
position.
Caskey- Schreiber stated she was willing to consider adding a public defender
attorney. If there is an enormous need in the department, put funding to the area
it needs most, which is the public defender.
Fleetwood stated he is in favor of funding the additional attorney. The
Council has the option to approve funding for both positions. He will support the
motion.
Motion to amend carried 4 -3 with Caskey- Schreiber, Roy, and Nelson
opposed.
Benner moved to add a felony attorney Deputy II for the Public Defender's
Office for the year 2006 in the amount of $69,762. They keep hearing the
argument that they must increase staff in the Prosecutor's Office if they increase
staff in the Public Defender's Office. However, she's attended District Court and
Superior Court. It seems as if the Prosecutor's Office has more resources and the
Public Defender's Office is overloaded. The Prosecutor's Office may be overloaded.
The Prosecutor's Office represents Whatcom County. If it can't get something done
that is urgent, it can come to the County Council and County administration. Also,
the Prosecutor's Office gets to make the decision on whether or not it will prosecute
someone. The public defenders are required to defend someone, whether or not
the case should be prosecuted. The Prosecutor's Office generally does a good job.
However, they seem to neglect the Public Defender's Office. The County is on the
side of the Prosecutor's Office, and the other side needs to be adequately
represented.
Caskey- Schreiber stated the administration recommends approval of three
additional attorneys. She asked if any of those were temporary, that they've hired
over the past years. Desler stated two positions were hired, in 2003 and 2004.
The administration is making those positions an ongoing part of the budget. The
administration recommends a third attorney for 2005 and 2006. The department
has a total of 16 attorneys, including the three attorney positions.
Fleetwood asked if this is the position Mr. Komorowski proposed.
Komorowski stated they'd be grateful for whatever assistance they received for
felonies. When he spoke, he asked for a new felony attorney to replace the
attorney who has resigned for health reasons. They need an additional attorney for
felonies. By 2006, every attorney will get the equivalent of one felony per day.
They can't handle those caseloads. A deputy I position would be fine.
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DISCLAIMER: This document contains the Whatcom County Council or Committee
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Caskey- Schreiber stated two attorneys are working in temporary positions
that the Council is making permanent. The Council is adding a third position. She
asked if that will not significantly address the caseload issues. Komorowski stated
it will not. The attorney is being added due to changes in State and federal mental
health laws. They've been told they can expect mental health hearings to double.
In the past, they've spread those cases out amongst the felony attorneys.
However, they anticipate as many as 227 hearings, which is more than a full
caseload. The new attorney is for the mental health hearings and the Becca Bill
cases.
Caskey- Schreiber stated she used to work with the involuntary commitment
team at Whatcom Counseling and Psychiatric Clinic. There is no way they would be
able to commit 237 people in a year. She asked how it can increase that
significantly. Komorowski stated there are changes in law that affect Medicaid and
Medicare. This was the subject of a discussion by department heads. This statistic
is what they were told. They have begun to see an increase in mental health and
alcohol commitment hearings. That caseload will rise significantly, which they're
beginning to see.
Caskey- Schreiber stated she has reservations about requests being brought
forward at tonight's meeting. She would rather deal with this when the Council has
it's earlier meetings.
Roy stated she is uncomfortable with what may happen with staffing. She is
a member of the regional mental health board and is aware of what is happening
with mental health funding. She would be reluctant to predict how things will turn
out. There is conflicting information about what the changes will mean.
(Clerk's Note: End of tape one, side B.)
Roy continued to state that she can't support additional staffing at this time,
until they can work these things out with the administration.
Brenner stated she sits on the Mental Health Advisory Board, which is
making those predictions. The changes will mean a huge increase in local
incarceration. Also, the Becca Bill is a choice for the Prosecutor to prosecute or not.
She doesn't approve of the Becca Bill. It's a ridiculous waste of time. It had great
intentions, but was washed down and changed at the legislature, which turned it
into a truancy regulation. It wasn't supposed to have anything to do with truancy
to begin with. King County found a way to make it a lower priority and not even
prosecute many of those cases. Whatcom County should follow. She explained the
origin of the Becca Bill. This bill was supposed to allow parents to have some say in
their runaway children between the ages of 13 to 18. However, it was changed into
a truancy bill. This bill was dumped onto the Public Defender.
Fleetwood stated they have these appeals to add an additional attorney
every year. There is still a dire and well- documented need in that office. He
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recognizes that they have to be concerned with staff in all departments. However,
there is a greater documented need in this office. There are issues in the
department with esteem, morale, and frustration. It all relates to the requirement
to provide constitutionally adequate representation. It's not the fault of the
excellent attorneys in the office. Their caseloads, even with the additions, are way
too high. There was a mention of fiscal discipline, which he's sensitive about.
However, the County's reserves are high. He is concerned about the reserves in
the long haul, and they'll have to do something about it in the next several years.
However, they can afford to do this now. It comes down to the human beings who
are involved. People are at risk of the loss of liberty for a very long time. They
deserve it. It's constitutionally required. The additional expenditure at this time is
appropriate and justified.
Caskey- Schreiber stated she is against the motion. Wait and see how the
three new positions affect the department. She hesitates doing anything now
because this was presented at the last minute. The budget committee, which met
for three days, should have discussed it.
Nelson stated he is reluctant to support last minute changes without going
through a budget process, which makes sure there is fairness and equity. It will
give the departments the message that they don't have to go to the committee
hearings, just the final Council meeting. The Council doesn't get its questions
answered. The Council needs to hear what the caseloads and impacts are from Mr.
Ostlund.
Crawford stated this is the budget process. It was debated at length during
the budget meetings and tonight. Making the request now is very appropriate. He
is against the motion, but he disagrees about last minute requests. This is the
process.
Brenner stated this is the process. In addition, Mr. Ostlund did make this
request. He went through the budget process to request four attorneys, and
someone from his office came to this meeting and requested it again. This isn't a
last- minute request. It's gone through the process. The department didn't get
what it asked for during the process, and staff is coming to this meeting to make a
last attempt to plead their case. She will propose a few other changes for
reductions in the budget, which will even out the funding.
Desler stated the administration also added $50,000 to the Superior Court
budget for conflict counsel, which is a 20 percent increase and will handle additional
workloads in public defense. The administration and other counties are trying to
obtain many more resources from the State legislature for public defender services.
They'll know by May, and it will be effective July 1. Any resources appropriated will
be additional to these resources.
Motion to amend failed 2 -5 with Fleetwood and Brenner in favor.
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Brenner moved to amend to eliminate the funding to the Chamber of
Commerce for the Ski to Sea Festival in the amount of $29,000.
Caskey- Schreiber stated the administration assured her that the Council
could provide funds only when the Chamber presents invoices for Ski to Sea
Festival direct expenses, which is why she will support the funding.
Brenner stated that if the Council provides this funding, it frees up other
Chamber of Commerce money that can be spent on political action. The Council
shouldn't do that. She didn't realize the Chamber will receive a large sum of
money from the Visitor and Convention Bureau. The Chamber can afford to take
care of it without additional County funding. The County has other, more important
needs. The Chamber will put on the Ski to Sea Festival with or without funding
from the County.
Roy stated she is not against the Ski to Sea Festival. Her issue is that the
Chamber of Commerce came to the County six months ago to say it will no longer
take public money because it is turning into a political action organization. Now, it
is asking for public taxpayer money for the festival. The issue is that taxpayer
money will go to an admitted political action group. This is a bigger issue than
funneling money through the Chamber. If the County wants to support the festival,
there is another way to do it.
Crawford stated that he is in favor of funding the Ski to Sea Festival. In a
political action venue, the County should not give the Chamber any money.
However, they need to support the festival. The Council gave Mr. Oplinger very
clear information that next year the Council will look at how Ski to Sea is funded,
separate from the Chamber.
Motion failed 3 -4 with Roy, Brenner, and McShane in favor.
Crawford stated the Council is voting on a slightly different budget from what
is in the packet. The budget is different by about $67,000, due to technical
corrections and other discussion with the Council over the last several weeks.
Desler stated the changes are in the Council packet, on page 251. The technical
corrections are already in the summary of the ordinance.
Brenner moved to eliminate funding in the amount of $20,000 for the EDC
in 2005. She's not convinced the County is getting the proper amount of support
from the EDC. She's also not convinced that the County is not doing its own
evaluation.
Caskey- Schreiber stated she is on the EDC Board, and has gained an
appreciation for what it does in the community. Executive Kremen is also on the
board. The EDC's job now is to work on retention issues for businesses in the
county. The EDC has done that well. This is the first year that it handled the
Washington Community Economic Revitalization Team (WA -CERT) applications.
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There were more applications than ever this year. This is also the first or second
year the EDC has handled the Economic Development Initiative (EDI) Board loan
applications. If the County communicated to the EDC what the County needs, the
EDI would be more than willing to accommodate that need. The EDC has worked
hard to put together a strong list of deliverables to the community. Now, the
Council knows how the EDC is using the taxpayer's dollars. The new executive
director has only been in the position for a year, and there have been tremendous
changes. The board is trying to become as fiscally responsible as possible and
figure out the role it should fill in the community, which is business retention. It is
also trying to facilitate cross - border business. It's a lean organization that is vital
to the community.
Brenner stated she hasn't seen what the EDC has done, but Councilmember
Caskey- Schreiber has, and convinced her to withdraw her motion.
McShane moved to add $25,000 for the year 2005 for a lobbying position
to improve the interaction between the County, the State, and the Washington
Association of Counties.
Caskey- Schreiber asked Executive Kremen's perspective on the motion.
Pete Kremen, County Executive, stated he must reluctantly oppose the
motion. In his opinion, given his ties with the legislature, the Council of
Governments, the Washington Association of Counties, and the legislators, the
County has had a successful relationship with the State legislators and governor. If
money were not an issue and the County had an excess of funds, a lobbyist may be
desirable. Now, given the financial picture, he doesn't wish to appropriate any
money for that kind of expense.
Fleetwood asked Mr. Kremen if he plays the part of the lobbyist adequately.
Kremen stated he does. Given his relationship with the Washington Association of
Counties, he's had several opportunities to go to Olympia. This county is well -
served and has a presence in Olympia. He doesn't recommend spending $25,000
on this item.
Crawford asked how much they budgeted for two years in dues for County
Executives of America. Kremen stated the dues amount is $1,000. His
appointment to the Board of Directors of the County Executives of America has
gained Whatcom County immensely.
Crawford stated that over the two years, they are spending $130,000 on
dues for Washington State Association of Counties (WSAC), Washington Association
of County Officials (WACO), County Executives of America, and the National
Association of Counties (NaCO), which are coalitions for the specific purpose of
lobbying. In addition, they are funding a portion of the Council of Governments
lobbyist. If the Council feels the need to take on a particular issue, it can approve a
supplemental budget request.
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Roy stated the County councilmembers work part time. Everyone except her
and Councilmember Brenner has full -time jobs. It's not reasonable to expect that
this Council can go to Olympia on a regular basis. Kremen stated he represented
this community for eleven years in Olympia. As a legislator, he continually
contacted the legislative bodies. The County continues to get that interface with all
the federal and State legislators representing Whatcom County. The
councilmembers can have that relationship as well. He encouraged the
councilmembers to use their representation to its utmost.
Roy stated she is uncomfortable with the motion because they didn't talk
about it in committee, instead of tonight. She tends to support this position. If
lobbying was specific to the County Council, they could bring in funds and programs
to the County. The Council, at times, has a different focus and different priorities
from the Executive.
McShane stated there have been issues that have come up in Olympia where
Whatcom County missed the boat on a number of issues important to Whatcom
County. WSAC is good, but it sometimes doesn't take the position as Whatcom
County. There are times when Whatcom County needs it's own lobbyist. If the
Council is not ready to approve this at this time, he is interested in supporting a
supplemental budget request in the future.
Brenner stated she won't support the motion. For her, being a
councilmember is a full -time job that pays $12,000 per year. The Executive gets
paid approximately $100,000. People work very hard on the Council. They can't
have any more meetings than they have now. Whatcom County has one of the
few, or only, part -time councils set up this way in the state. It's important for
people to understand that. Going to Olympia is not on her list of things that need
to be done. However, the administration deals well with Olympia. She is against
the motion.
Caskey- Schreiber stated she agreed with Councilmember McShane. There
have been issues on which WSAC opposes Whatcom County's position. Many who
participate in WSAC are full -time commissioners in rural areas who have a different
position. This job doesn't pay enough for her to take time off from her paying job
to go to Olympia. Until that happens, the Council needs to depend on someone to
represent it in Olympia. She communicates frequently with all the legislators, but
sometimes it's hard to connect with them. She supports the motion.
McShane stated the Whatcom County Council is the lowest paid legislative
body in the state of Washington. That has an impact on their efforts in Olympia.
Nelson stated he's concerned about the perception. The lobbyist would
represent the Council, not certain individuals on the Council, which can be
confusing to everyone. If an issue is important to him, he will go to Olympia.
Whatcom County Council, 11/9/2004, Page 15
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Fleetwood stated he won't support the motion tonight because he has many
questions that need to be raised. He is open to considering the supplemental
budget request.
Motion failed 2 -5 with McShane and Caskey- Schreiber in favor.
McShane stated the administration worked well with the Council, saved the
County much money, and made the councilmembers' jobs easier. The budget
reflects the Council's wishes. They have worked on this all year long.
Kremen stated he agreed with Councilmember McShane. He appreciates the
Council's collaboration and sincere concern for what the administration and
community are doing. This budget couldn't be much better. He is sensitive and
supportive of all department heads, staff, and elected officials. They didn't get
everything they wanted. They requested many things that the administration
couldn't grant.
He commended Administrative Services Department Director Dewey Desler,
Finance Division Manager Brad Bennett, and Senior Budget Analyst Marianne
Caldwell. They are the best. Everyone in the community is fortunate to have their
services. The experience has been painstaking, long, gratifying, and rewarding.
He thanked the Council.
Motion to adopt the ordinance as amended carried unanimously.
S. ORDINANCE REGARDING ESTABLISHMENT OF SPEED LIMIT ON
LUMMI VIEW DRIVE FOR A SCHOOL ZONE (AB2004 -371)
Joe Rutan, County Road Engineer, gave a staff report and stated he is
available for answering questions.
McShane opened the public hearing and, hearing no one, closed the public
hearing.
Caskey- Schreiber moved to adopt the ordinance.
Motion carried unanimously.
6. ORDINANCE EXTENDING THE SUNSET DATES FOR DRAYTON HARBOR
AND PORTAGE BAY SHELLFISH DISTRICTS (AB2004 -372)
McShane opened the public hearing and, hearing no one, closed the public
hearing.
Roy moved to adopt the ordinance.
(Clerk's Note: End of tape two, side A.)
Whatcom County Council, 11/9/2004, Page 16
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Motion carried unanimously.
7. ORDINANCE ADOPTING THE SIX -YEAR CAPITAL IMPROVEMENT
PROGRAM 2005 -2010 (APPENDIX F OF THE WHATCOM COUNTY
COMPREHENSIVE PLAN) (AB2004 -337)
McShane opened the public hearing and the following people spoke:
Laura Rink, 995 Lakeview Street, stated she is opposed to the Whatcom
Connector. Increasing vehicle capacity will increase development and traffic.
Sudden Valley poses a greater threat to the watershed. The connector will not
protect the watershed. Remove the connector from the Comprehensive Plan.
William Rink, 995 Lakeview Street, stated he is opposed to the Whatcom
Connector. If they believe in the health of the Lake Whatcom watershed, don't add
another road to the watershed. To get vehicles off the lake's edge, people need to
use Lake Louise Drive. There are ways to get people to do that. Remove it from
the Comprehensive Plan.
Barry Englestad, 995 Lakeview Street, stated he is opposed to the Whatcom
Connector. The Interstate 5 corridor in Washington is starting to look like the
corridor in Los Angeles. People move here for the rural community and to gain a
quality of life. Pollution has become the paramount issue in the watershed. Keep
the rural nature of the area. A large arterial road will bring more growth to the
watershed. They will need expensive treatment of the drinking water. Remove the
connector from the Comprehensive Plan.
Donna Clark, 2502 Northshore Road, stated she supports the Whatcom
Connector. Traffic problems are only going to get worse. Development is already
here. Removing the connector will create a burden on the residents of Geneva,
Lakeway Drive, and Northshore Road. Don't remove the connector from the
Comprehensive Plan. Many people signed petitions to keep the connector. The
Whatcom Connector road will not cause more growth that is already there.
Gary Clark, 4821 Fir Tree Way, stated he supports the Whatcom Connector.
Not everyone will be happy with any decision. The safety of children walking to
Geneva school is an issue. The design of the current road is inadequate. There are
traffic problems in Geneva. Keep the Whatcom Connector option open. The people
in Lakeview live in a beautiful neighborhood, but he lives where all the cars drive.
Spread out a portion of those cars. A portion of those cars that drive in the Geneva
area could travel into town on the southern side of the watershed, which is land
owned by the State Department of Natural Resources (DNR). As long as they don't
sell that land, it can't be developed. The County could purchase the land to control
the growth. Get some of the cars off the lake in the summer.
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Jerry Curtis, 935 Lakeview Street, stated he owns property on both sides of
the proposed connector. He is opposed to the Whatcom Connector personally. The
property is his investment for retirement. He wants to keep his place secluded.
Improve the existing routes, and don't build the connector.
Bob Wiesen, 3314 Douglas Road, Ferndale, asked the Council to not remove
the Whatcom Connector from the Six -Year Transportation Improvement Plan. He
asked when there was a public notice that the Council was going to make this
change. The quicker they remove cars from the lake, the lower the impact on
water quality. Many people were involved in keeping the connector in the plan.
Lately, the Council has been doing a lot of un- planning.
Hearing no one else, McShane closed the public hearing.
McShane asked the best way to remove the Whatcom Connector from
County plans is to bring forward an amended resolution for the 2005 -2010
Transportation Improvement Plan (TIP).
Sylvia Goodwin, Planning Division Manager, stated the connector is in the
Six -Year TIP, which the Council adopted in July. It is also in this document. Both
reference a resolution that has already been adopted. The Council needs to amend
the Six -Year TIP next year.
Jeff Monsen, Public Works Director, stated he's never gone through a process
to amend the Six -Year TIP mid -year. If the Council wishes to remove any
consideration of the Whatcom Connector, then simply make that statement and
staff will amend all the documents in due course. If the Council voted to remove
the consideration of the connector as a policy direction, then that is the direction
the staff and administration will go.
Brenner suggested holding a public hearing on the Whatcom Connector
issue.
McShane asked if the Council can hold a public hearing on two versions of
this ordinance, one with the connector and one without the connector. Goodwin
stated this document is the six -year Capital Improvement Plan, which is related to
the budget. They don't want the budget out of balance with the Capital
Improvement Plan. They are always scheduled for adoption together.
Crawford stated removing the connector would be a change to the
document. Regardless of whether or not the Council wants to hold a hearing on the
connector issue, it needs to leave this language in this ordinance tonight. It needs
to be adopted. If the Council hears from the community that it's time to review the
issue, then it should hold a public hearing that would result in a resolution from the
Council to make a change. Mr. Monsen and Ms. Goodwin can react to the
resolution by changing pertinent documents. It's premature to take any action on
the Lake Whatcom Connector in this document tonight.
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Brenner stated she agreed with Councilmember Crawford.
McShane stated the Council could have a hearing on only the option of the
Whatcom Connector. He moved to adopt the ordinance.
Fleetwood asked the benefit of doing a public hearing over waiting until June.
McShane stated it would provide some resolution to people who are thinking
about it now. If they wait until June, it may get lost in the six -year plan. There
have also been changes regarding land use and the potential for growth in the
watershed that are significant to the connector. The amount of build out
anticipated as a result of this connector is not what it use to be.
Fleetwood stated his concern is whether or not the connector will bode well
for water quality. He asked if there is adequate information on the effects of a
connector on water quality on the record that the councilmembers can review.
McShane stated the Council would focus on this issue alone, and get all that
information. The Council would make its decision based on the information before
it, such as the build out that could occur, studies that have been done, water
quality impacts, and cost to the road fund. It would be better to have a public
hearing that focus just on the connector.
Crawford asked the change the Council did to this ordinance that brought
this to a hearing tonight.
Fleetwood stated the Planning Committee discussed whether or not the
Council should remove the connector.
Goodwin stated a related item in Appendix F deals with transportation impact
fees. It's also in Chapter 6 of the Comprehensive Plan and in the Lake Whatcom
Subarea Plan. The committee did not make any other substantive change to this
ordinance. The Capital Facilities Plan hearing was scheduled to go along with the
budget so if there were changes to one, the other could be changed also.
Caskey- Schreiber stated the Council should hold this over for a public
hearing to talk about it, and make a decision in the next month. They've always
been told that they can't remove it from the TIP because it is in the Comprehensive
Plan. She is opposed to the connector, however she might consider it if
development opportunities are removed. The rights of citizens in the area have
been put on hold. Settle the issue either way.
Brenner stated she's not in favor of holding up this ordinance. Have a
special hearing later. The most recent study of the connector was done in 1992,
and it said the connector would be obsolete before it's built. It's an old study.
They need more information.
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Caskey- Schreiber asked if the Council is committing itself to the connector
by approving the language as it is. Monsen stated it is in the six -year TIP for years
four through six, but not the 2005 -2006 budget. The only thing that would change
practically would be how the staff manages the corridor in terms of the building
permit applications. Right now, the County reserves the ability to construct a
roadway.
Monsen asked if a Council resolution on a Whatcom Connector policy would
change the administration's approach. Monsen stated he would have to check with
legal counsel. From a practical standpoint, he will change how they operate
administratively. The position taken by the Council at any time on this matter is
how administration will proceed. It's not the first time the Council's position has
changed.
Crawford stated he is opposed to removing the Slater Road Connector.
Brenner stated Map F6 does not include the Civic Center building, and it
should. She would talk to staff about it later.
Motion to adopt the ordinance carried 6 -1 with Crawford opposed.
(Clerk's Note: The Council took a twelve- minute break at 10:00 and
Councilmember Nelson left the meeting. End of tape two, side 8.)
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee
and moved to approve Consent Agenda items one through seven. The correct
amended amount in item four is $104,225.
Motion to approve Consent Agenda items one through seven carried
6 -0 with Nelson absent.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND HEALTH
PROMOTION NETWORK FOR EMPLOYEE ASSISTANCE PROGRAM
(EAP) SERVICES IN THE AMOUNT OF $3.95 PER EMPLOYEE PER
MONTH FOR EAP SERVICES, AND $200 PER HOUR FOR TRAINING
(AB2004 -380)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICE CONTRACT BETWEEN WHATCOM COUNTY
AND ST. JOSEPH HOSPITAL FOR OUTPATIENT SUBSTANCE ABUSE
SERVICES, IN A VARIABLE AMOUNT DEPENDING UPON COUNTY PRE -
AUTHORIZATIONS (AB2004 -381)
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3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
JOINT FUNDING AGREEMENT BETWEEN WHATCOM COUNTY AND
UNITED STATES GEOLOGICAL SURVEY FOR STREAM FLOW GAGE
NETWORK MAINTENANCE FOR EARLY FLOOD WARNING PROGRAM,
IN THE AMOUNT OF $48,160 FOR THE COUNTY SHARE, FOR A TOTAL
PROJECT COST OF $59,480 (AB2004 -382)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AMENDMENT TO THE EXISTING PROFESSIONAL SERVICES
AGREEMENT BETWEEN WHATCOM COUNTY AND WALKER AND
ASSOCIATES FOR THE DEVELOPMENT OF TOPOGRAPHIC MAPPING OF
THE NORTH FORK, SOUTH FORK, MIDDLE FORK, AND MAINSTREAM
OF THE NOOKSACK RIVER, IN THE AMOUNT OF $21,987, FOR A
TOTAL AMENDED AMOUNT OF $126,212 (AB2004 -383)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #04-
72 TO THE ONLY BIDDER, EQUIPMENT SALES CO., INC. FOR A
SURFACE MOUNTED TRUCK HOIST, IN THE AMOUNT OF $82,844.09
(AB2004 -384)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
LEASE AGREEMENT BETWEEN WHATCOM COUNTY (PARKS &
RECREATION) AND DEBORAH HIGHLEY FOR THE OPERATION OF A
PUBLIC EQUESTRIAN FACILITY AT SUNSET FARM, IN THE AMOUNT
OF $800 PER MONTH (AB2004 -385)
7. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY
NEGOTIATION, REQ. #08 -04 (AB2004 -386)
OTHER ITEMS
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 3.28.010, OPEN
SPACE CLASSIFICATION PROCEDURES (AB2004 -373)
Fleetwood reported for the Planning and Development Committee and
moved to adopt the ordinance.
Motion carried 6 -0 with Nelson absent.
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE A NEW
APPLICATION FOR A LIQUOR LICENSE FOR THE THAI STEAK HOUSE,
8124 BIRCH BAY DRIVE, BLAINE (AB2004 -388)
Roy moved to approve the request.
Whatcom County Council, 11/9/2004, Page 21
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Motion carried 6 -0 with Nelson absent.
2004 COMPREHENSIVE PLAN AMENDMENTS
1. ORDINANCE ADOPTING AMENDMENTS TO THE TRANSPORTATION
CHAPTER OF THE WHATCOM COUNTY COMPREHENSIVE PLAN
ESTABLISHING POLICIES TO IMPLEMENT THE BICYCLE PLAN AND
CONSIDER UTILIZING ITS TECHNOLOGY IN TRANSPORTATION
PROJECTS (AB2004 -355)
Fleetwood reported for the Planning and Development Committee and
moved to forward to the concurrency meeting.
Motion carried 6 -0 with Nelson absent.
2. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
COMPREHENSIVE PLAN RELATING TO TRANSPORTATION IMPACT FEE
BACKGROUND INFORMATION (APPENDIX G OF THE WHATCOM
COUNTY COMPREHENSIVE PLAN) (AB2004 -370)
Fleetwood reported for the Planning and Development Committee. The
committee recommended amending the document to remove the Whatcom
Connector. Given the discussion earlier, he would make his own motion to forward
to concurrency. He moved to forward to the concurrency meeting.
Motion carried 6 -0 with Nelson absent.
3. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
COMPREHENSIVE PLAN, CHAPTER 9 — RECREATION (AB2004 -352)
Fleetwood reported for the Planning and Development Committee and
moved to forward to concurrency meeting.
Caskey- Schreiber moved to amend Council packet page 134. policy 9D -5,
to require new subdivisions to acquire access to open space and recreation
opportunities, "...should be eneeuFageel required as new subdivisions...." Growth
impacts everyone. The least they can do is to see that growth mitigates for
residents nearby to make sure they have access to open space and recreation
opportunities.
Crawford stated he is against the motion. In large subdivisions and master
plans, they do need to look at that issue. However, the Comprehensive Plan should
not say "shall." If the Council wants to adopt specific policies, it must look at the
threshold by which those things should be provided.
Whatcom County Council, 11/9/2004, Page 22
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Caskey- Schreiber stated the committee had an extensive discussion with
Troy Holbrook, who said the staff would come up with rules about it. It could be an
impact fee proportionate to the development. The language change just provides
direction to the staff in coming up with regulations.
Roy stated she agreed with Councilmember Roy. The plan provides direction.
The particulars come later. She supports the motion. She wanted to also require
trails in policies 9C -17 and 9C -18. The motion covers her two concerns. The
Council needs to get serious about requiring these things. The quality of life in
many places doesn't include these facilities.
Brenner stated staff will come to the Council with a proposal. The plan is not
the place to require anything. There will always be exceptions to the rules. Don't
tie the County's hands. Very small developments or property divisions shouldn't be
required. Create a threshold.
Crawford stated the concern is covered on Council packet page 142, action
plan item 43. The Council needs to be cautious and hear all sides of the issue. An
impact fee may be the least cost - effective and most burdensome way to provide
parks to the community. He's opposed to the Comprehensive Plan saying that
things must occur in that direction.
McShane stated he's comfortable with new action item 19. Think carefully
about funding acquisition of land, farms, affordable housing, and open space with
the real estate excise tax (BEET) 3, however it requires a vote of the people. It
may be a more progressive method of funding parks without charging impact fees.
The people who benefit financially pay. The Council is not near that yet. Move
toward setting aside open space and recreational opportunities as the community
grows. He's comfortable with the language as it is.
Crawford stated REET is a more equitable way of distributing the cost of
these things, rather than impact fees. It's more equitable.
Motion to amend failed 2 -4 with Caskey- Schreiber and Roy in favor
and Nelson absent.
Motion to forward to the concurrency meeting carried 6 -0 with
Nelson absent.
4. ORDINANCE REVISING AND AMENDING THE WHATCOM COUNTY
COMPREHENSIVE PLAN, CHAPTER 3 — HOUSING (AB2004 -353)
Fleetwood reported for the Planning and Development Committee and
moved to hold a public hearing. The committee recommends an amendment. He
moved to amend Council packet page 189, goal 3G, "Identify and remove
impediments to affordable housing where possible and appropriate."
Whatcom County Council, 11/9/2004, Page 23
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Caskey- Schreiber stated this statement, without the amendment, could be
used in an argument that the Council is mandated to make any land readily
available for development, to keep prices low. That won't solve the affordable
housing problem.
Crawford stated land supply has a very direct correlation with housing cost.
The highest cost of a home is the lot.
Caskey- Schreiber stated they won't solve affordable housing problems by
building their way out of the problem. They have to do more than that. Housing
costs rise according to the market.
Motion to amend carried 4 -1 -1 with Nelson absent, McShane
opposed, and Crawford abstaining.
McShane stated the public hearing would be scheduled on December 7, 2004.
Motion to schedule a public hearing as amended carried 6 -0 with
Nelson absent.
S. ORDINANCE REVISING AND AMENDING THE WHATCOM COUNTY
COMPREHENSIVE PLAN, APPENDIX A (GLOSSARY), APPENDIX B
(LIST OF ACRONYMS) AND APPENDING D (BIBLIOGRAPHY)
(AB2004 -354)
Fleetwood reported for the Planning and Development Committee and
moved to forward to concurrency meeting.
Motion carried 6 -0 with Nelson absent.
INTRODUCTION ITEMS
Brenner moved to accept the Introduction Items, including the addendum
item 12.
Motion carried 6 -0 with Nelson absent.
McShane moved to accept Introduction Item 12.
Motion carried 6 -0 with Nelson absent.
1. RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR THE WHATCOM
COUNTY FLOOD CONTROL ZONE DISTRICT FOR 2005 (AB2004 -389)
(COUNCIL ACTING AS THE FLOOD CONTROL ZONE DISTRICT BOARD
OF SUPERVISORS)
Whatcom County Council, 11/9/2004, Page 24
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2. RESOLUTION BY THE GOVERNING BODY OF THE COUNTY -WIDE
FLOOD CONTROL ZONE DISTRICT (WCFCZD) EXTENDING THE
CURRENT WCFCZD FUNDING MECHANISM AND LEVELS FOR THE
LYNDEN /EVERSON SUBZONE (AB2004 -390) (COUNCIL ACTING AS
THE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS)
3. RESOLUTION BY THE GOVERNING BODY OF THE COUNTY -WIDE
FLOOD CONTROL ZONE DISTRICT (WCFCZD) EXTENDING THE
CURRENT WCFCZD FUNDING MECHANISM AND LEVELS FOR THE
ACME /VAN ZANDT SUBZONE (AB2004 -391) (COUNCIL ACTING AS
THE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS)
4. RESOLUTION BY THE GOVERNING BODY OF THE COUNTY -WIDE
FLOOD CONTROL ZONE DISTRICT (WCFCZD) EXTENDING THE
CURRENT WCFCZD FUNDING MECHANISM AND LEVELS FOR THE
SUMAS /NOOKSACK /EVERSON SUBZONE (AB2004 -392) (COUNCIL
ACTING AS THE FLOOD CONTROL ZONE DISTRICT BOARD OF
SUPERVISORS)
S. RESOLUTION CONDITIONALLY APPROVING THE COMPREHENSIVE
SEWER PLAN FOR POINT ROBERTS WATER DISTRICT NO. 4 (AB2004-
393)
6. RESOLUTION TO SELL TAX -TITLE PROPERTY BY NEGOTIATION, REQ.
#08 -04 (AB2004 -386A)
7. ORDINANCE RELATING TO TAXATION AND IMPOSITION OF AN
EXCISE TAX ON TIMBER HARVESTED FROM PRIVATE LANDS AND
FROM PUBLIC LANDS (AB2004 -394) (HEARING TO BE HELD)
8. PROPOSED ORDINANCE AMENDING THE WHATCOM COUNTY
COMPREHENSIVE PLAN, CHAPTER 2 - CHERRY POINT URBAN
GROWTH AREA (AB2004 -395)
9. PROPOSED ORDINANCE AMENDING THE WHATCOM COUNTY
COMPREHENSIVE PLAN, CHAPTER 2 - CUSTER PROVISIONAL URBAN
GROWTH AREA (AB2004 -396)
10. ORDINANCE AMENDING 2004 WHATCOM COUNTY BUDGET,
FOURTEENTH REQUEST (AB2004 -397)
11. RESOLUTION ORDERING AN ELECTION FOR THE PROPOSED POINT
ROBERTS PUBLIC HOSPITAL DISTRICT (AB2004 -377)
Addendum:
Whatcom County Council, 11/9/2004, Page 25
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12. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
COMPREHENSIVE PLAN, CHAPTER 8, MINERAL RESOURCE LANDS
(AB2004 -400)
OTHER BUSINESS
There was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Brenner reported that she had attended a Methamphetamine Action Team
Summit. She's excited about the interaction among all the agencies and
community. The team is doing a great job getting people organized. They are
going to see recommendations for changes from the action team.
Caskey- Schreiber stated she toured the Kendall area in a ride -along with a
sheriff deputy. She was passionate and disturbed about what she saw. She hoped
they can all come together to solve the problems in that area. The conditions of
that area are frightening. It's a highly neglected area.
Crawford stated he liked the concept of a trash or garbage amnesty day for
that area.
McShane stated the Solid Waste Advisory Committee can discuss it. The City
of Bellingham did that in some neighborhoods, and the cost got out of hand.
However, it was very positive for some neighborhoods, who really need it.
Caskey- Schreiber stated that once an area is cleaned up, people behave
differently. The problems in that area are so huge and overwhelming that people
do nothing but add to the problems.
McShane stated he attended the Board of Natural Resource meeting, which
voted to adopt the Lake Whatcom Landscape Plan with a couple of amendments.
He thanked the County Council, City Council, and Water District 10 commissioners
for supporting the last- minute change. He also thanked Dave Grant for the well -
done petition. Regardless of what was adopted in the resolution, an aspect of
implantation of the plan is a new position on the Interjurisdictional Committee from
the Planning Department. The County has to commit to make sure the plan is
implemented by supporting the Interjurisdictional Committee.
ADJOURN
The meeting adjourned at 10:42 p.m.
Whatcom County Council, 11/9/2004, Page 26
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Jill Nixon, Minutes Transcription
The Council approved these minutes on November 23, 2004.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Dan McShane, Council Chair
Whatcom County Council, 11/9/2004, Page 27