HomeMy WebLinkAboutCouncil March 25 20031
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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
March 25, 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:
Barbara Brenner
Laurie Caskey- Schreiber
Sam Crawford
Seth Fleetwood
Sharon Roy
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Absent:
None
McShane announced that there was discussion with a representative
from the Whatcom County Prosecutor's Office regarding pending litigation
(AB2002 -018) in executive session during the Committee of the Whole meeting.
McShane also announced that there was discussion with a representative
from the Whatcom County Prosecutor's Office regarding the "Anchor
Manor, Phase II" PUD (AB2003 -129) in executive session during the
Committee of the Whole meeting.
McShane also announced that there was discussion regarding travel funding
for councilmembers.
SPECIAL PRESENTATION
PROCLAMATION BY WHATCOM COUNTY EXECUTIVE PETE KREMEN
DECLARING APRIL 2003 AS NATIONAL SEXUALLY TRANSMITTED
DISEASES AWARENESS MONTH (AB2003 -017)
Pete Kremen, County Executive, read the proclamation into the record. He
presented the proclamation to Kerry Chappell.
Whatcom County Council, 3/25/2003, 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.
MINUTES CONSENT
1. REGULAR COUNTY COUNCIL FOR MARCH 11, 2003
Nelson moved to approve the Minutes Consent item.
Motion carried unanimously.
OPEN SESSION
The following people spoke:
Carole MacDonald, Inn at Mt. Baker owner and Mt. Baker /Foothills Chamber
of Commerce President, stated the newly redeveloped Mt. Baker /Foothills Chamber
of Commerce and Economic Development Committee in the East County are trying
to promote tourism. The Board of Directors is very talented. The Economic
Development Committee has formed three subcommittees: Infrastructure,
Marketing and Tourism, and Trails and Recreation. They are doing an inventory of
what they've got. They are reviewing all the studies that have been done to see
what they recommend. They will then proceed to implementation.
When she became president of the Chamber, it became evident that there
are groups of people all approaching the various jurisdictions and agencies. There
was no cohesive group working together. That is where they are going.
Diana Ashe, Whatcom Counseling and Psychiatric's Rainbow Center public
relations representative, stated there was a meeting this afternoon about the
Human Race. She also hears that the Council talks about the peer support advisory
board. She will attend each Council meeting if the councilmembers need any
information, and she will make reports. She asked for public relations support.
PUBLIC HEARING
1. RESOLUTION TO SELL TAX TITLE PROPERTY BY NEGOTIATION,
REQUEST #01 -03 (AB2003 -115A)
McShane opened the public hearing and, hearing no one, closed the public
hearing.
Nelson moved to approve the resolution.
Motion carried unanimously.
2. RESOLUTION TO SELL TAX TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST #02 -03 (AB2003 -116A)
Whatcom County Council, 3/25/2003, 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.
McShane opened the public hearing and, hearing no one, closed the public
hearing.
Nelson moved to approve the resolution.
Motion carried 6 -1 with Caskey- Schreiber opposed.
3. RESOLUTION TO SELL TAX TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST #03 -03 (AB2003 -117A)
McShane opened the public hearing and, hearing no one, closed the public
hearing.
Brenner moved to approve the resolution.
Crawford stated that it does not look like there is any access to this property,
but there are quite a few lots. An easement is not indicated on the map.
Motion carried 6 -1 with Caskey- Schreiber opposed.
4. RESOLUTION TO SELL TAX TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST #04 -03 (AB2003 -118A)
McShane opened the public hearing and, hearing no one, closed the public
hearing.
Nelson moved to approve the resolution.
Motion carried unanimously.
S. RESOLUTION TO SELL TAX TITLE PROPERTY BY NEGOTIATION,
REQUEST #05 -03 (AB2003 -119A)
McShane opened the public hearing and, hearing no one, closed the public
hearing.
Fleetwood moved to approve the resolution.
Motion carried unanimously.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee
and moved to approve Consent Agenda items one through eight.
Whatcom County Council, 3/25/2003, 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.
Motion to approve Consent Agenda items one through eight carried
unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
ANNUAL PURCHASE OF HERBICIDES USING THE WASHINGTON
STATE CONTRACT, THE VENDOR IS UAP NORTHWEST, AND THE
ANTICIPATED EXPENDITURE WOULD BE $90,000 (AB2003 -130)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID
NUMBER 03 -16 TO THE LOWEST RESPONSIVE BIDDER, BUNO
CONSTRUCTION, LLC, FOR REPAIR OF THE SLIP - LINING OF VISTA
DRIVE /WHISKEY CREEK CULVERT, IN THE AMOUNT OF $41,350
(AB2003 -131)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID
NUMBER 03 -18 TO LOWEST RESPONSIVE BIDDER, WASHINGTON
CULVERT, FOR THE ANNUAL SUPPLY OF LARGE SIZE
ALUMINIZED /GALVANIZED CULVERT IN THE AMOUNT OF
$121,207.68 (AB2003 -132)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT RESULTING FROM RFQ 03 -04, BETWEEN THE WHATCOM
COUNTY HEALTH DEPARTMENT AND BRIGID COLLINS HOUSE TO
FACILITATE REFERRALS FOR SUBSTANCE ABUSE AND OTHER
HEALTH SERVICES IN THE AMOUNT OF $109,520 (AB2003 -133)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND MEDICAL EXAMINER
DR. GARY GOLDFOGEL FOR A TWO -MONTH EXTENSION OF HIS
SERVICES IN THE AMOUNT OF $43,911 (AB2003 -134)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
ANNUAL CONTRACT BETWEEN WHATCOM COUNTY SHERIFF'S OFFICE
AND USDA MT. BAKER - SNOQUALMIE NATIONAL FOREST FOR THE
PROVISION OF PATROL SERVICES OF A DEPUTY AND A FULLY
EQUIPPED, MARKED SHERIFF'S VEHICLE TO PATROL ANY AND ALL
AREAS ON NATIONAL FOREST LAND WITHIN WHATCOM COUNTY IN
AN AMOUNT NOT TO EXCEED $60,000 (AB2003 -135)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT RESULTING FROM RFP 03 -03
BETWEEN WHATCOM COUNTY HEALTH DEPARTMENT AND
WESTCOAST COUNSELING AND TREATMENT CENTER TO PROVIDE
SUBSTANCE ABUSE SERVICES TO INDIVIDUALS IN THE WHATCOM
COUNTY JAIL AND /OR ALTERNATIVE CORRECTIONS CENTER, IN THE
CONTRACT AMOUNT OF $21,100 (AB2003 -136)
Whatcom County Council, 3/25/2003, 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.
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT RESULTING FROM RFP 03 -05
BETWEEN WHATCOM COUNTY HEALTH DEPARTMENT AND
WESTCOAST COUNSELING AND TREATMENT CENTER TO PROVIDE
OUTREACH AND ENGAGEMENT SERVICES TO SEVERELY ALCOHOL
DEPENDENT AND OTHER SEVERELY ADDICTED PEOPLE IN
BEHAVIORAL HEALTH CRISES, IN THE CONTRACT AMOUNT OF
$47,500 (AB2003 -137)
OTHER ITEMS
1. ORDINANCE AMENDING THE WHATCOM COUNTY 2003 BUDGET,
THIRD REQUEST (AB2003 -126)
Crawford reported for the Finance and Administrative Services Committee
and moved to adopt the ordinance.
Motion carried unanimously.
2. RESOLUTION IN SUPPORT OF TEA -21 REAUTHORIZATION BILL,
HIGH PRIORITY TRANSPORTATION PROJECT TO EXTEND SKAGIT
RIVER BRIDGES TO PROTECT RAIL AND HIGHWAY
TRANSPORTATION CORRIDORS DURING A FLOOD (AB2003 -125)
Brenner reported for the Public Works and Capital Projects Committee and
moved to approve the resolution.
Some of the work done in the past has made these problems worse, but the
solution is not to deny this resolution. Whatcom County has done the same thing
in the past also by finding good solutions, only to find out the unintended
consequences down the road. This will benefit Whatcom County's commerce.
Roy asked whether or not the 100 -year flood would affect Interstate 5. If
they are talking about flooding areas that have been built too close to the river in
the first place, she is less sympathetic than if it is a matter of closing down the
highway.
McShane stated a 100 -year flood would shut down Interstate 5 whether or
not they have these bridges.
Roy stated the implication of the resolution is that this will solve all the
problems in Skagit Valley.
Brenner stated she didn't get that implication. She understands that this
will make the situation better and provide more protection. That's all Skagit
County can do at this point.
Whatcom County Council, 3/25/2003, Page 5
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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.
Caskey- Schreiber stated it seems that part of the problems have been
exacerbated because they have allowed so much development in the flood plain.
Now, the taxpayers are going to have to contribute more to fix their shortsighted
vision of valuing a pro- business reputation more than common sense. She is
inclined not to support the resolution for that reason.
Nelson stated they are working on a huge project that addresses
Councilmember Caskey - Schreiber's concerns about bailing out businesses that
have been located in the flood area. He believed that this request is for $34
million for high -risk transportation corridors. They are supporting getting $34
million to improve the bridges for flood conveyance. It doesn't deal with the entire
$727 million they were asking for from Washington D.C.
McShane stated this is part of a much larger flood mitigation project that
has a variety of alternatives. This is an alternative for some funding that would
come from transportation dollars to resolve one of the issues that is causing
problems upriver. There is a narrow spot up river. They are not keen on an
overflow corridor in one area. He doesn't know the details. He is concerned about
the amount of money and whether it is well spent.
Pete Kremen, County Executive, stated the Skagit County Commissioners
and their staff put this request forward. These are Whatcom County's neighbors.
Whatcom County needs to cultivate a positive working relationship with those
commissioners because there are a lot of issues common to both jurisdictions. The
spirit in which he forwarded the proposed resolution to the Council was to work in
a collaborative way with Skagit County. This is an opportunity for Skagit Valley to
build in some redundancy in the north -south traffic, which affects Whatcom
County. He doesn't agree in total with Councilmember McShane, but he is not a
geologist. He understood that this is for improvements that would provide more
stability, predictability, and redundancy in commuting north and south. If there
are concerns, it would be thoughtful to contact Skagit County officials to find out
more about their reasons and rationale for the request.
McShane stated the neighborliness is important. He is very familiar with
Skagit County public works, their maps, where they are considering putting
floodways, and why they want to expand the area. He has concerns about the
cost. It might not be the best route to go, but he hesitates voting no on this
because he wants to help Skagit County.
Brenner moved to table to the next meeting to provide time for other
councilmembers to get their questions answered, however she is ready to approve
it.
McShane stated he is against tabling the motion.
Roy stated the County Executive has convinced her.
Whatcom County Council, 3/25/2003, 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.
Brenner withdrew her motion to table.
Caskey- Schreiber stated that Executive Kremen brought up some good
points so she will support the resolution.
Motion to approve carried unanimously.
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)
Fleetwood reported for the Planning and Development Committee and stated
this item would be held for about a month before it comes up for public hearing.
Nelson asked if the committee is finished with its work.
Fleetwood stated the committee should have moved approval, but it did not
do that. When it comes back to the committee agenda in a month, the committee
can approve it then. They have a version of the ordinance that will be made
available to the public for review.
Nelson asked if staff would be able to provide a clean version.
McShane stated the committee would take another round of input after the
clean version is made available.
Caskey- Schreiber stated that if they are considering including Drayton
Harbor, they should make that decision now so the Drayton Harbor residents have
an opportunity to comment.
Brenner stated she understood that in two weeks they are going to change
things, and there would be another length of time before a hearing.
Fleetwood stated they could bring it back in two weeks to vote it out of
committee, and then bring it back two weeks after that for public hearing. He liked
the idea of having a considerable amount of time to think about this. They've got
a version now that they can present to the public. If they put the issue back in
committee, and vote on it in committee, there will be another version out there in
two weeks.
Nelson recommended that the committee hold this in committee until they
are ready to vote it out, and the public can act on it.
Whatcom County Council, 3/25/2003, 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.
Fleetwood stated he would make sure the various stakeholders are aware of
the version and the process.
4. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20, CHAPTER 20.22 - URBAN RESIDENTIAL
MEDIUM DENSITY (URM) DISTRICT TO REMOVE " "PROFESSIONAL
OFFICES" AS AN ALLOWABLE CONDITIONAL USE (AB2003 -124)
Fleetwood reported for the Planning and Development Committee and
moved to approve.
Motion carried unanimously.
S. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED
APPROVAL OF A PLANNED UNIT DEVELOPMENT, FILED BY RON
KILMER AND TOM FENTON FOR " "ANCHOR MANOR, PHASE II"
(PUD97 -002 AND PLS97 -0003) (AB2003 -129)
Fleetwood reported for the Planning and Development Committee and
moved to approve.
Caskey- Schreiber disclosed that she asked Roland Middleton for clarification
of the record before the committee meeting.
Motion carried unanimously.
6. REQUEST CONFIRMATION OF THE EXECUTIVE'S REAPPOINTMENT OF
RICHARD HAARD TO THE SALMON HABITAT RESTORATION CITIZEN
ADVISORY COMMITTEE (AB2003 -138)
Brenner moved to confirm the appointment.
Motion carried unanimously.
7. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
VERONICA WISNIEWSKI TO THE PURCHASE OF DEVELOPMENT
RIGHTS OVERSIGHT COMMITTEE (AB2003 -139)
Caskey- Schreiber moved to confirm the appointment.
Motion carried unanimously.
S. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
RON AKESON AND ROBERT CECILE, JR. TO THE MARINE RESOURCE
COMMITTEE (AB2003 -140)
Whatcom County Council, 3/25/2003, 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.
Crawford moved to confirm the appointment.
Motion carried unanimously.
OTHER BUSINESS
Brenner moved to send a letter on behalf of the Kendall Community
Resource Center Association in their efforts to obtain funding for a plan. She will
write the letter. The letter will be addressed "To whom it may concern," and
forwarded with other letters to the State and other places.
Motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Brenner stated she attended an agriculture information meeting at the Skagit
County Public Utility District (PUD) regarding different parts of the economy, such
as agri- tourism. Another meeting will be held on April 10 regarding salmon versus
the farmer.
Nelson stated the State mental health division has been cut by $10 million.
Because of that, they are going to cut more inpatient beds, which means a
tremendous impact on the local community. He will provide more information as he
gets the details.
Roy stated she attended the salmon hatchery classroom. It was very
inspirational.
Caskey- Schreiber agreed with Councilmember Roy.
Fleetwood stated a Western Washington University student is looking for an
internship with the Council.
ADJOURN
The meeting adjourned at 7:47 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on April 8 , 2003.
ATTEST: WHATCOM COUNTY COUNCIL
Whatcom County Council, 3/25/2003, Page 9
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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, WASHINGTON
Dana Brown - Davis, Council Clerk Dan McShane, Council Chair
Whatcom County Council, 3/25/2003, Page 10