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HomeMy WebLinkAboutCouncil June 17 20031 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 48 WHATCOM COUNTY COUNCIL Regular County Council June 17, 2003 The meeting was called to order at 7:00 p.m. by Council Chair Dan McShane in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Absent: Barbara Brenner L. Ward Nelson Laurie Caskey- Schreiber Sam Crawford Seth Fleetwood Sharon Roy FLAG SALUTE ANNOUNCEMENTS McShane announced that there was a special presentation by Craig Fenske, WSU Cooperative Extension, regarding youth education programs (AB2003 -017) in the Committee of the Whole meeting. SPECIAL PRESENTATION 1. SPECIAL PRESENTATION BY ST. JOSEPH HOSPITAL TITLED "BEYOND CLINICAL CARE: BENEFITS OF OUR COMMUNITY HOSPITAL" (AB2003 -017) Nancy Bitting, Peace Health Chief Executive Officer, provided a handout (on file) and stated they are going to talk to the Council on a regular basis to do a better job of serving the community. They face many challenges, including financial challenges. Think about the future together. She described the St. Joseph Hospital structure. She read their mission from the handout. The technology and changes that happen in health care have been dramatic throughout time. The hospital is not for profit. Any profit the hospital receives is to go toward the future and this community. No money goes to Rome. There are no shareholders and no dividends go to anyone. They are spending money on facility expansion right now. Health care counts bed use, in terms of bed days per thousand people. She read the bed day statistics from the handout. Washington State physicians use hospitals conservatively. That's why Washington has fewer bed days than in other parts of the country. She discussed the county population growth, the aging population, Whatcom County Council, 6/17/2003, 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 48 new technology needs, and consumer expectations for facilities. They are growing faster than the projections. Most of their funding comes from government agencies. The funding cuts affect their fixed payments. In this community, the issue of physician shortage drives many of the problems. People are going to emergency instead of private practitioners. One reason for the physician shortage is because of malpractice insurance costs. Stephen Omta, Peace Health Regional Vice President of Operations and Chief Operating Officer (COO), presented the core services at the hospital, listed in the handout. The Level II trauma program is the only one north of Seattle. The hospital does not refuse service to anyone. As increased numbers of people don't have access to physicians, emergency service volume grows. They have 60,000 visits per year in the emergency center. Theirs is the only heart surgery program north of Everett. Some of their services go into the homes of people in the community, such as hospice services. Top safety net services include charity care, physician clinics, physician recruitment, community outreach, and substance abuse services. The Whatcom Coalition for Healthy Communities defines, measures, and tracks community health. The parish nurse program facilitates training, education, and coordination of parish nurses throughout the county and in the churches. They provided two houses for adolescent respite care at no cost. They collaborate with agencies for a countywide solution to substance abuse. There is a thinning margin between revenue and expenses, which reduces their ability to invest in the community. Bitting stated they are working to make sure the future is secure and stable in the face of all their challenges. Maintaining the status quo is not a solution. They do not have limitless access to funding. Available dollars are diminishing. It takes a five percent margin to supply capital needs for the subsequent year. They are slipping under that margin. They are putting together a foundation to raise money from the community. For the community to be strong, they need a strong hospital. Crawford asked if there is still a large crisis of doctors leaving the community. Bitting stated the supply is still in crisis. Now, the biggest shortage is in the area of neurology and infectious disease. Malpractice insurance has been significantly raised for obstetricians. Approximately eight doctors have stopped delivering babies because of the increase in the malpractice insurance. Crawford stated that it is helpful to keep the Council updated so the Council is aware of health care in the community. Bitting stated they would like to come back every year and make a presentation to keep the Council informed about the health care issues in the County. Brenner asked about the shortage of skilled labor. Someone told her that there is a shortage of space in a nursing school. There is a major problem in Whatcom County Council, 6/17/2003, 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 48 getting people educated. She asked if anything is being done about that. She also asked if the hospital has been partnering with the Walk In Clinic and encouraging people to go there. Bitting stated she has been working with the colleges regarding more space for nursing. She would like to see a Bachelor's program in nursing locally. The Work Force Development Council is moving that ahead. Nursing programs are expensive. Bellingham Technical College (BTC) has opened two programs, radiology technician and operating room technician. She has worked with all the colleges. A federal law called the "dumping law" was to make sure that hospitals didn't dump non - paying patients on another hospital. Legally, all patients have to be seen at the hospital. It's a federal regulation that someone cannot be sent to another facility. The hospital has literature and signage about the Walk In Clinic. Brenner stated that the hospital could give the literature to patients as they are discharged from the emergency room. Fleetwood moved to approve Minutes Consent items one through four, including the amended version of items one and four. Motion to move as amended carried unanimously. 1. REGULAR COUNTY COUNCIL FOR MAY 20, 2003 2. REGULAR COUNTY COUNCIL FOR JUNE 3, 2003 3. COMMITTEE OF THE WHOLE FOR JUNE 3, 2003 4. WATER RESOURCES WORK SESSION FOR MAY 13, 2003 OPEN SESSION (20 MINUTES) The following people spoke: Michael Rosser, Point Roberts, stated a Point Roberts historian recently said that the future of Point Roberts is tree retention. Making a tree retention ordinance fair is difficult. The tree retention ordinance for Point Roberts needs to be effective, flexible, and easily administrated. The tree retention ordinance should have a sliding scale depending on the size of the property. Very small properties should be able to cut a large percentage of the property if replanting is done. Very larger properties should allow a much smaller percentage unless they have a forestry permit. The tree retention needs to define the three different kinds of cutting, forestry, development, and landscaping. The County Sheriff should have some Whatcom County Council, 6/17/2003, 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 48 input on this because there is no one to call on the weekends when the chainsaws start up. There is a new burn permit at Point Roberts. Illegal burning in Point Roberts has been reduced. That is a good way to regulate tree cutting. (Clerk's Note: Open Session continued below.) PUBLIC HEARING RESOLUTION AMENDING RESOLUTION 2002 -016, WASHINGTON COMMUNITY ECONOMIC REVITALIZATION TEAM (WA -CERT) TO PROVIDE ANNUAL PRIORITIZATION OF WA -CERT PROJECTS (AB2003 -223) Dewey Desler, Deputy Administrator, gave a staff report and stated the Council has a project priority list in the Council packet. Brenner asked if the Point Roberts Wellness Clinic is supposed to be on the list. It has been funded. Desler stated it is the Council's list and the Council must remove it. That project was completed. (Clerk's Note: Council Chair McShane continued the open session. The public hearing is held after the open session.) OPEN SESSION Jerry Westby, 564 Kline Road, spoke on the Kline Road and Slater Road connector. Common sense has gone out the window. He's been told it would relieve Guide Meridian traffic at Bellis Fair. No trucker would take a route like that because it is out of the way. The County would have to cross the gas line on the Kline Road as well as the Kelly Road. The existing road is very hilly and narrow. The Smith Road is already an all- weather road with traffic lights. People can go on the Smith Road, to Old Highway 99, to Slater Road. If this is a way to open the Wilder Ranch, he's concerned about the Meridian School District. The taxes in that district are too much now. McShane stated this issue will be in the Public Works Committee in two weeks. Brenner stated the Public Works Director says there has been no decision yet. They have not done the analysis and made a determination yet. Caskey- Schreiber stated she spoke to Joe Rutan, who said it is at number 23 on the list. Executive Kremen moved it up. (Clerk's Note: Open session continued below.) Whatcom County Council, 6/17/2003, 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 48 PUBLIC HEARING RESOLUTION AMENDING RESOLUTION 2002 -016, WASHINGTON COMMUNITY ECONOMIC REVITALIZATION TEAM (WA -CERT) TO PROVIDE ANNUAL PRIORITIZATION OF WA -CERT PROJECTS (AB2003 -223) (Clerk's Note: Continued from above.) Valerie McAloon, 5463 Mosquito Lake Road, stated she is grateful for Whatcom County's support, and asked that the Kendall Community Resource Center be ranked as a priority on the WA -CERT list. They've worked to establish a center that provides many services to community members. The needs of the Kendall area have increased with the increased population. This is an opportunity to move along their goal of community revitalization. Sherry Patrick, 6315 Overland Trail, asked the Council to rank the Kendall Community Resource Center on the list as priority. (Clerk's Note: End of tape one, side A.) John Lesow, 317 Madrona Place, Point Roberts, stated he is opposed to the Point Roberts wastewater treatment funding project. This application asks for additional taxpayer funding in the amount of $120,000 for more studies for a $4.5 million sewage treatment plant. Drop this project from the list entirely. The Point Roberts Chamber of Commerce has not authorized this application. The applicant, Dave Niles, is not a member of the Point Roberts Chamber of Commerce. The information contained on the application is false and misleading. Under project descriptions, the application states that a wastewater treatment system for Point Roberts is a first tier priority in the November 1999 Point Roberts Economic Plan, financed by the Port of Bellingham. This fosters the false conclusion that a majority of the Point Roberts residents and Canadian taxpayers support a sewage treatment plant for Point Roberts. In fact, there have been no public forums to discuss the feasibility or desirability of this system in the community or by the Point Roberts water district. The application states that ongoing residential, business, septic, and groundwater contamination has an ongoing impact on the community, and will be eliminated. This is a false statement. The Whatcom County Health Department records note a total of 20 septic failures in Point Roberts since 1997. Of these failures, four properties are vacated, eight systems were repaired, seven systems were replaced, and one is unaccounted for. The failure rate is less than one -half of one percent, which is substantially lower than Whatcom County's failure rate of two percent. Regarding surface water contamination, fecal coliform readings in Boundary Bay average seven parts per 100 milliliters. That confirms that the waters around Point Roberts are consistently the cleanest in the lower mainland. Whatcom County Council, 6/17/2003, 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 For years, pro - development interests in Point Roberts have attempted to persuade local government agencies that there is an ongoing problem with septics in Point Roberts. The wastewater treatment plant is outside the scope of the Od- President's economic initiative for timber - impacted communities. Point Roberts is�a timber - impacted community. He urged the Council to reject the application. Michael Rosser, Point Roberts, stated he is in favor of the transportation av c zw connector in Point Roberts. They want to create an alternative transportation io�ai�os- network in Point Roberts to connect areas within Point Roberts. This project deals with getting people across the border. They want to use this as a way of reducing border line -ups, as well. They also want to draw people into Point Roberts who may be intimidated by the border crossing. This is a widely supported project in Point Roberts. The community rates it highly. It is listed first in both tier one and tier two of the Point Roberts Economic Development Strategy. Point Roberts has a gas tax. The County Council determines how it is spent. He asked that the Council spend that money on trails. The driving force for this project is that it is a safety issue. Tony Kelley, 6036 South Pass Road, stated he supports the Kendall Community Resource Center. There is a genuine need in the area. This is an opportunity for a 21" Century learning center to get folks into the workplace. Steve Jilk, Port of Bellingham Economic Development Director, stated he supports the high ranking of the Woodstone Expansion project. This project is for a company to expand and double the number above average wage jobs. The developer is prepared to move ahead with project construction and infrastructure improvements. The infrastructure that would be constructed would also enable the Port to make adjoining property available for development. The Community Economic Development Strategy (CEDS) process has shown that this type of developable property is needed to build the employment base in the county. Tom Hollett, 380 West Bluff Road, Point Roberts, asked the Council to please cancel the wastewater treatment plan project. This application is incorrect. There are only 1,300 people living full -time at Point Roberts, not 4,500 people. This phased project contradicts the engineers who first studied this project and rejected a system to cover the entire Point. The golf course does not want a sewer system. This is $120,000 of taxpayers' money for a system that the majority of residents and property owners do not want. This system is being pushed by a small group of developers who have lied when they said it would not cost anything to the residents. They now know that it could cost up to $20,000 per hookup. He asked the Council to consider the needs and wants of the voters in Point Roberts. He asked how they could apply for a grant under the guise of lost forestry revenue. There hasn't been forestry on Point Roberts for 80 years. If developers want a sewer system, they can pay for it themselves. Whatcom County Council, 6/1712003, Page 6 1 Fleetwood asked how it was determined that a majority of the citizens don't 2 want it. Hollett stated there were two meetings held by the engineers. At the last 3 meeting, close to 100 people attended. Ninety percent were not in favor. He's 4 been trying to educate the residents about putting in independent systems. 5 6 Roy asked if application represents the Point Roberts Chamber of Commerce. 7 Hollett stated he is a director on the Chamber of Commerce. This application has 8 not come up during any meeting. 9 10 Brenner asked how the County knows if the proposals are accurate. Desler 11 stated the applications are filed online. Hollett stated the contact listed on the 12 application hasn't been a Chamber of Commerce director for at least a year. David 13 Niles is not on the Chamber, either. 14 15 Hearing no one else, McShane closed the public hearing. 16 17 Crawford stated they have a potentially fraudulent application. Evidence 18 indicates that someone has misrepresented the facts. He rated this project fairly 19 high. Had he known this application misrepresented the facts, it would have 20 changed things. In the meantime, it doesn't rank high on the priority list anyway. 21 The President of the Chamber of Commerce doesn't know anything about it. The 22 oversight would be from Water District #4, which doesn't know anything about it. 23 24 McShane moved approval of the list. 25 26 Fleetwood asked if there has to be 21 projects on the list. Desler stated 27 these folks may apply, independent of County government. The County is not 28 serving as the applicant. These are not applications for County funds. The request 29 is for a coordination process that asks the County Council to prioritize the projects. 30 If rated highly, a series of federal and State agencies will assign someone to scope 31 the high priority projects. That person will facilitate the completed application and 32 the implementation of the project. 33 34 Roy moved to move item 13, the wastewater treatment plant in Point 35 Roberts project, to the bottom of the list as number 21 so the issue can be 36 investigated. 37 38 Crawford asked that the Executive's Office find out if someone could 39 fraudulently pursue a WA -CERT application with the County government without 40 any repercussions. 41 42 Brenner stated the ranking is not going to affect WA -CERT or get them any 43 funding. She would like to see this application investigated first. The Council can 44 amend the list after the fact. In fairness, they have to have someone who is being 45 charged with or accused of something have an opportunity to make a statement. 46 47 Roy withdrew her motion. 48 Whatcom County Council, 6/17/2003, 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 48 Fleetwood moved to switch project number 18 to project number 13. Project 13 will be the transportation connector. Project 18 will be the Point Roberts wastewater treatment plant project. Motion carried 5 -1 with Crawford opposed. Brenner moved to amend the list to move the Small Business Round Table project from number eight to number four, and bump everything else down one spot. She was impressed with the presentation that was given after she did her ranking. Roy stated she is very enthusiastic about the current item four, which affects people trying to find new careers. Motion failed 3 -3 with McShane, Brenner, and Caskey- Schreiber in favor. Brenner moved to amend the list to move the Small Business Round Table project from number eight to number five, and bump everything else down one spot. Motion failed 3 -3 with Roy, Brenner, and Caskey- Schreiber in favor. Motion to approve as amended carried unanimously. OPEN SESSION (Clerk's Note: Continued from above.) Wilma Higgins, 607 Kline Road, submitted a handout (on file). The Transportation Improvement Program is on the Council's agenda this evening. McShane stated it is an Introduction Item, and will go to the Public Works Committee at the next meeting. LuAnne Alton, 4790 Aldrich Road, submitted a handout (on file). They don't want to be annexed into the city. She submitted a petition from the neighborhood. This is something she doesn't want to happen. Jeff Monsen, Public Works Department Director, stated more information will be provided during the Public Works Committee and public hearing in three weeks. The notion of building a Slater connector has been on the six -year road program. It has not moved ahead because there wasn't agreement of where the eastern terminus would be and because there wasn't financing to do it. The motivation to move it higher up on the list now is not to declare where that eastern terminus is. It is to find out if they intend to build such a road to help solve congestion, especially on the Guide Meridian. If so, then work through the process to decide Whatcom County Council, 6/17/2003, 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 48 where that route is. At this point, the only reason Kline Road is specifically referenced is because the majority of the right -of -way already exists on that corridor. That is the only reason. That's not a great reason to pick Kline Road as the eastern terminus. Many years ago, the eastern terminus was the intersection of Van Wyck and the Mount Baker Highway. Cordata had a substantial influence over that because Horton Road was the more likely eastern terminus at the Guide Meridian. Horton Road and Cordata Parkway were constructed in a way that would make that no longer a viable location to bring the connection. Caskey - Schreiber stated that according to Joe Rutan, Kline Road is the route because Kelley Road would go to Mount Baker. There is more to this than what Mr. Monsen is saying. Monsen stated there are reasons why Kline is preferred over Kelley, and there are reasons why Kelley is preferred over Kline. There is also a choice of going to Waldron or another location. Mr. Rutan is speaking to the majority of right -of -way existing along the Kline corridor. No other right -of -way exists. However, that doesn't predetermine where the road is going to go. That's the reason for Mr. Rutan's comment. It is the logical route because of the right -of- way, however they need to start a process that involves substantial public debate. There are public policies here. It's not just an engineering decision. CONSENT AGENDA Crawford reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through five. Motion to approve Consent Agenda items one through five carried unanimously. 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #03 -42 TO THE LOWEST RESPONSIVE BIDDER, SOTO & SONS CONSTRUCTION, FOR THE CONSTRUCTION OF THE SAAR CREEK SEDIMENT TRAP, IN THE AMOUNT OF $413,275 (AB2003 -230) 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #03 -43 TO THE LOWEST RESPONSIVE BIDDER, PUGLIA ENGINEERING /FAIRHAVEN SHIPYARD, FOR THE ANNUAL DRYDOCK, REPAIRS, AND MAINTENANCE OF THE WHATCOM CHIEF FERRY, IN THE AMOUNT OF $116,475 (AB2003 -231) 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE PURCHASE OF ADDITIONAL PERMITTING SOFTWARE LICENSES FOR PLANNING AND DEVELOPMENT SERVICES FROM THE SOLE SOURCE SUPPLIER, ACCELA, IN THE AMOUNT OF $38,086.40 (AB2003 -232) 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES FOR Whatcom County Council, 6/17/2003, Page 9 I DEVELOPMENTAL DISABILITY PROGRAMS IN WHATCOM COUNTY, 2 INCLUDING EMPLOYMENT, COMMUNITY ACCESS, AND CHILD 3 DEVELOPMENT SERVICES, FOR THE TERM OF JULY 1, 2001, 4 THROUGH JUNE 30, 2003, IN THE AMOUNT OF $3,209,953 (AB2003- 5 233) 6 7 5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A 8 GRANT AGREEMENT BETWEEN WHATCOM COUNTY PUBLIC WORKS 9 DEPARTMENT AND THE DEPARTMENT OF ECOLOGY FOR COUNTYWIDE 10 LITTER PICKUP AND ADOPT -A- ROAD /TRAIL PROGRAMS, FOR THE 11 TERM OF JULY 1, 2003, THROUGH JUNE 30, 2005, IN THE AMOUNT OF 12 $63,800 (AB2003 -234) 13 14 15 OTHER ITEMS 16 17 1. ORDINANCE AMENDING THE 2003 WHATCOM COUNTY BUDGET, 18 SIXTH REQUEST(AB2003 -224) 19 20 Crawford reported for the Finance and Administrative Services Committee 21 and moved to adopt the ordinance. 22 23 Roy moved to add an additional $20,000 to the Sheriff's Office budget to 24 pay for spike strips and Breathalyzers for each deputy vehicle. Currently, deputies 25 have to trade this equipment during a shift change. However, it is basic that each 26 car is equipped fully with the tools they need. The original Law and Justice report 27 recommended satellite stations. They recommended a budget for $200,000. This 28 is considerably under that amount. It provides a community service that people 29 need. 30 31 Caskey- Schreiber stated this is a basic need for the deputies to do their jobs. 32 This is a fantastic program. It's going to have much more accountability for 33 neglected issues. 34 35 Crawford stated he is opposed to the motion. The County is in a tough 36 financial situation. The requested amount from the Sheriff needs to come from the 37 general fund. Err on the side of caution in terms of expenditures. The new 38 Sheriff's administration has presented a compelling presentation of the positive 39 aspects of community policing. He voted for a levy in his fire district for a new fire 40 station, with the understanding that there would be space in the new fire station for 41 the use by a deputy. It's a good idea. He has concerns about approving the 42 $32,000 for a site that they don't have yet. 43 44 (Clerk's Note: End of tape one, side B.) 45 46 Crawford continued to state that providing the tools to do the job is a matter 47 of degree, as it is with most anything. They have a lot of tools to do their job, 48 which they do very well. There is probably no end to the number of tools the whatcom County Council, 6/17/2003, Page 10 I Council could give the deputies to do their job. The County's bank account is 2 limited and operating at a deficit. They've got a process where the Sheriff and the 3 administration work together to get the best bang for the County's buck. They 4 have presented their proposal. The deputies do have spike strips when they are on 5 patrol. The spike strips are expensive, which is why they don't have one for every 6 car. That is a prudent decision that was made in times of budget difficulties. This 7 $20,000 is not funded, does not have a revenue source, and is part of the deficit 8 budget. It is inappropriate. 9 10 Brenner stated she would support it. This has to do with road issues. Some 11 of the money for Sheriff's needs in the past has come from the road fund, which 12 isn't operating at a deficit. She asked if this could come out of the road fund. 13 14 Dewey Desler, Deputy Administrator, stated the County takes over of 15 $700,000 out of the road fund to support the Sheriff's Office. Each year, the 16 Sheriff has to certify that those expenditures are directly related to the purpose for 17 the use of the road funds. A road related expense could be used to justify the 18 expense. 19 20 His office has never talked to the Sheriff's Office about the spike strips. 21 22 Roy stated the Sheriff indicated that the administration asked the Sheriff to 23 cut back the original request, and it was the Sheriff's choice to cut back on the 24 spike strips. 25 26 Caskey- Schreiber stated this project is coming well under what the Law and 27 Justice Council estimated for it. At $100,000, they are setting up a program that 28 the community has wanted for a long time. Allocating an additional $20,000 29 ensures that the program is done correctly. This is about public safety. She 30 wouldn't recommend this if she weren't comfortable with the reserve funds at this 31 time. This is a one -time expenditure. From here on out, they have to look at 32 things very carefully. 33 34 McShane asked if some of the money in the small tools category is for 35 buying any radar. Elfo stated it is not. They are okay in terms of radar needs. 36 They've gotten radar units from grants. He planned on asking for more spike strips 37 in the next budget. Deputies have been starting and ending shifts in their patrol 38 zones. The biggest logistical problem is if a deputy is tied up on a call at the end of 39 the shift, and there is a problem switching the equipment. That equipment they 40 are shifting are the spike strips and Breathalyzers. 41 42 McShane asked how many would $20,000 would purchase. 43 44 (Clerk's Note: Response to the question was not stated on tape.) 45 46 Roy asked if this realization is a function of the fact that they are dispersing 47 the deputies out to these areas now, and if this was an issue when all the deputies Whatcom County Council, 6/17/2003, Page 11 I reported to Bellingham. Elfo stated it was not as much of an issue at that time. 2 Dispersing deputies in the field has magnified the problem. 3 4 Motion to amend carried 5 -2 with Crawford and McShane opposed. 5 6 Motion to approve as amended carried unanimously. 7 8 2. REPORT ON COMMITTEE DISCUSSION REGARDING ANNUAL REVIEW 9 OF FERRY RATES, AS SET FORTH IN WHATCOM COUNTY CODE 10.34, 10 WITH A RECOMMENDATION OF NO RATE INCREASE UNTIL LATER IN 11 THE YEAR TO CONSIDER POTENTIAL RATE STRUCTURE CHANGES 12 WHEN BETTER 2003 INFORMATION WILL BE AVAILABLE (AB2003- 13 235) 14 15 Brenner reported for the Public Works and Capital Projects Committee and 16 stated the recommendation is to not increase the rates at this time. The 2002 17 budget was close to projections, the labor contract is not yet in place, and they 18 don't have a good idea of future ferry usage due to ferry negotiations. Those were 19 the reasons for not changing the fees at this time. 20 21 Caskey- Schreiber stated she is pleased that they are now recovering nearly 22 55 percent of the operations cost. 23 24 3. REQUEST CONFIRMATION OF THE EXECUTIVE'S CONCURRENT 25 APPOINTMENT WITH THE CITY OF BELLINGHAM OF TIM FARRIS TO 26 THE BELLINGHAM - WHATCOM COUNTY HOUSING AUTHORITY BOARD 27 OF COMMISSIONERS (AB2003 -236) 28 29 Fleetwood moved to confirm the appointment. 30 31 Motion carried unanimously, 32 33 34 LETTERS SENT BY COUNCIL 35 36 1. LETTER TO ATTORNEY GENERAL GREGOIRE, FORWARDING A 37 COMPLAINT FILED BY CITIZEN P. HUCK REGARDING THE 38 CONVICTION OF ADRIAN SASSEN VAN - ELSLOO (AB2003 -164) 39 40 2. LETTER TO P. HUCK FROM COUNCIL EXPLAINING THE FORWARDING 41 OF HIS COMPLAINT TO THE ATTORNEY GENERAL (AB2003 -164) 42 43 44 INTRODUCTION ITEMS 45 46 McShane withdrew Introduction Item three. 47 Whatcom County Council, 6/17/2003, Page 12 1 2 3 4 5 6 7 8 9 to 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 48 McShane moved to accept Introduction Items one, two, and four through eight. Motion carried unanimously. McShane stated his motion included the substitute version of Introduction Item six, which was received earlier today. 1. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON SHR02- 0031 AND SHV02 -0011, REGARDING LIGHT FIXTURES ALONG A DRIVEWAY LEADING TO THE LAKEWOOD STUDENT CENTER, FILED BY JONATHAN SITKIN, ATTORNEY FOR WESTERN WASHINGTON UNIVERSITY(AB2003 -225) 2. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 2.33 AND WHATCOM COUNTY CODE TITLE 20, VARIOUS CHAPTERS, TO ADD AND CLARIFY LANGUAGE RELATING TO NOTIFICATION REQUIREMENTS FOR LAND USE APPLICATIONS (AB2003 -227) 3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, CHAPTER 20.71 — WATER RESOURCE PROTECTION OVERLAY DISTRICT, CHAPTER 20.80 — SUPPLEMENTARY REQUIREMENTS (STORMWATER AND CLEARING), CHAPTER 20.85 — PLANNED UNIT DEVELOPMENTS, AND CHAPTER 20.97 — DEFINITIONS, TO PROVIDE ADDITIONAL REGULATORY PROTECTION FOR SENSITIVE WATERSHEDS(AB2002 -222B) McShane requested that this item be introduced, but placed in the Planning and Development Committee. The public testimony the Council received, particularly regarding tree clearing, needs to be considered. Make sure the alternatives for accomplishing the goal are well considered. That would be the best place to do it. Crawford asked if the Council would still have a public hearing on July 8. McShane stated they would not. Consideration may lead to an amendment to the ordinance or findings of fact. The public hearing would likely be held at the second Council meeting in July. The decision on the gravel amendment he suggested last week is up to the majority of councilmembers. Crawford stated it seemed that Councilmember McShane's proposal has merit, given the fact that the gravel industry representative said that no one would drive on one and a quarter inch clear gravel. The Planning Department was going to produces maps to show where those soils are in the watershed. He asked if that is something Councilmember Brenner would be interested in working on. Brenner stated she talked to two other gravel industry representatives who said that one and a quarter inch fractured rock would work excellently on Whatcom County Council, 6/17/2003, Page 13 1 driveways, especially if there is any sloping. She heard that the building industry 2 would not like to be tied to a particular size of rock. She felt this size would ensure 3 more permeability. She is willing to compromise and take that out of there, but is 4 not comfortable without knowing the information about the amount of area that 5 Councilmember McShane's proposal would cover. 6 7 Caskey - Schreiber stated they could address that issue again in the Planning 8 and Development Committee. 9 10 Roy stated she supports considering new information. 11 12 Crawford asked if a councilmember would commit to work up language 13 similar to Councilmember McShane's proposal. 14 15 McShane stated he would be glad to work with any other councilmember to 16 develop language. 17 18 Crawford stated he would also work on language. 19 20 Fleetwood stated the question is whether or not they should remand this 21 back to the Planning and Development Committee, which he supports. 22 23 McShane moved to introduce this item. 24 25 Motion carried unanimously. 26 27 4. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON 28 APPLICATION BY GOLDSTAR RESORTS, INC. (SHR03 -0002, SHCO3- 29 0001, BSP03 -0002, AND CUP03- 0006), FILED BY DAVID 30 COTTINGHAM FOR SHIRLEY WHITE(AB2003 -229) 31 32 S. RESOLUTION VACATING THAT ENTIRE PORTION OF JAMES WAY 33 LYING WESTERLY OF BIRCH BAY DRIVE (AB2003 -237) 34 35 6. RESOLUTION IN THE MATTER OF THE WHATCOM COUNTY SIX -YEAR 36 TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2004 37 THROUGH 2009 (AB2003 -238) 38 39 7. ORDINANCE AMENDING THE 2003 WHATCOM COUNTY BUDGET, 40 SEVENTH REQUEST(AB2003 -239) 41 42 S. RESOLUTION VACATING A PORTION OF LUMMI VIEW DRIVE 43 (AB2003 -240) 44 45 46 OTHER BUSINESS 47 48 There was no other business. Whatcom County Council, 6/17/2003, 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 REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Brenner reported that she attended the short course on planning. It is an excellent course. The Planning Department will provide the same class again in the fall. The presenters were very interesting and innovative. ADJOURN The meeting adjourned at 9:00 p.m. 4- - �-i---7_ Jill Nixon, Minutes Transcription These minutes were approved by Council on July 8 , 2003. ATTEST: \LiSl> Dana Brown- Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dan McShane, Council Chair Whatcom County Council, 6/17/2003, Page 15