HomeMy WebLinkAboutCouncil July 16 20021
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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
July 16, 2002
The meeting was called to order at 7:00 p.m. by Council Chair L. Ward
Nelson in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Barbara Brenner Seth Fleetwood
Laurie Caskey- Schreiber
Sam Crawford
Dan McShane
Sharon Roy
ANNOUNCEMENTS
Nelson announced that there was discussion with a representative from
the Whatcom County Prosecutor's Office regarding pending litigation
(AB2002 -018), discussion of a resolution in the matter of adopting a salary
schedule and policies for unrepresented Whatcom County employees for
the year 2002 (AB2002 -272), and discussion regarding collective
bargaining negotiations (AB2002 -391) in executive session during the
Committee of the Whole meeting.
Crawford moved to approve the unrepresented employee resolution with
amendments. The amendments are:
1. Section 5.2: remove the words "for a period of time"
2. Section 7.1: the 2002 monthly salaries for all elected officials will
remain the same as the 2001 salaries.
3. Section 8.2.1: Insert the words "...$500 per month...."
Nelson stated that they would first vote only on the three amendments.
Motion to amend the resolution carried unanimously.
Brenner asked if she is allowed to discuss this issue. She was told that State
law doesn't allow her to discuss this in public. She is voting against the resolution,
and she would like to say why.
Dave Grant, Senior Civil Deputy Prosecutor, stated he would counsel
Councilmember Brenner against saying anything if it would jeopardize the other
contract negotiations that are pending.
Motion to approve the resolution as amended carried 5 -1 with Brenner
opposed.
Whatcom County Council, 7/16/2002, 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
Brenner moved to approve Minutes Consent items one through six.
Motion carried unanimously.
1. COMMITTEE OF THE WHOLE FOR JUNE 18, 2002
2. REGULAR COUNTY COUNCIL FOR JUNE 18, 2002
3. SPECIAL COUNCIL MEETING (BUDGET) FOR MAY 21, 2002
4. SPECIAL COUNCIL MEETING (BUDGET) FOR JUNE 18, 2002
S. SPECIAL COUNCIL MEETING (INTRODUCTION ITEM) FOR JULY 2,
2002
6. SPECIAL WATER RESOURCES WORK SESSION FOR JUNE 11, 2002
OPEN SESSION
The following people spoke:
Betsy Pernotto, 3112 Alderwood Avenue, Bellingham, stated she is a member
of the International Federation of Professional and Technical Engineers, Local 17.
For more than six months, members of her union, Local 17, representing technical
and professional employees in the Whatcom County Health Department, have been
bargaining with the Whatcom County administration. Although the contract expired
in December 2001, the County chose to delay the initiation of bargaining until after
the expiration date of the contract. The employees are aware that Whatcom
County faces a budget deficit. Given that deficit, she questions why the
administration hired an outside labor negotiator, who has attempted to erode the
employees' wages, benefits, and working conditions. Instead of focusing on the
basic issues of wages and benefits, he has wasted the County's time and money by
attacking each section of the contract, attempting to eliminate gains they've made
in the past and the basic protections all workers deserve. The meager cost of living
increase offered by the County, combined with the proposed cost increases in the
health insurance, will result in a net pay cut to all members. As workers in the
health care field, they recognize that health care costs are rising at a
disproportionate rate to other costs. Like the County administration, they are eager
to figure out ways to curtail these costs. However, they are frustrated because the
administration won't tell the employees where health care costs are increasing the
most and won't sit down with the employees to form a joint labor- management
committee to figure out creative solutions to cut health care costs. The union has
worked on such committees in other counties. Studies have shown that
cooperative efforts in cutting health care costs are effective. She urged the Council
Whatcom County Council, 7/16/2002, 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.
to pressure the County administration to work with Local 17 and the other unions to
find creative solutions to deal with the increasing costs of health care insurance,
which threaten the security of them all.
Nelson asked if the administration is interested in forming a committee to
look at health care costs.
Dewey Desler, Deputy Administrator, stated the administration prefers not to
engage in discussions about the negotiations at the Council meeting.
Brenner stated the employees should know that, at least. It is a legitimate
request. It's not entering into a debate.
Nelson stated that at this point, the debate is not appropriate. After the
negotiations are complete, health care cost issues need to be rectified.
Brenner stated there shouldn't be a debate on it. The employees should be
given an answer to that request.
Tom Kunesh, 2622 Russell Street, Bellingham, stated he is a Health
Department employee. He is a spokesperson for Health Department employees
represented by the Local 17. They are currently negotiating a new collective
bargaining agreement to replace the one that expired in December. Two months
ago, a group of County employees gathered to address the Council. At that time,
the employees expressed their frustration with the County administration's efforts
to erode wages, working conditions, and benefits. These benefits have been
guaranteed under previous labor agreements. Since then, the union has met with
management representatives and has made progress. However, they've recently
been told by the County's labor negotiator that the County is not likely to improve
its proposal regarding wages and benefits. Employee morale is suffering. He's not
seen this much frustration in his thirteen years as a County employee. Mr. Kremen
has repeatedly expressed concern over morale, which the employees appreciate.
Morale is suffering because the administration proposes to save money by passing
health benefit costs onto employees. The current proposal would likely result in a
pay cut for all staff by the third year of their contract. The administration speaks of
a budget crisis each year, yet has consistently acted to improve compensation for
managers and elected officials, such as the 401(a) supplemental retirement
program that has been offered to managers and elected officials and the additional
step on the salary matrix for the exempt resolution, which they just ratified without
an opportunity for public comment tonight. The administration proposes to further
erode working conditions, proposing additional pay for managers and elected
officials. These benefits have not been offered during negotiations to the County's
frontline staff, who are providing direct service to the public.
The theme for this year's employee picnic, sponsored by the administration,
is "Employees: The Pride of Whatcom County." They all take pride in their
commitment to public service. That's why they are here. He asked the Council to
Whatcom County Council, 7/16/2002, 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.
demonstrate its commitment to the employees. Work with the Executive and the
bargaining team to craft a proposal that their families can live with.
Joni Hensley, 3160 Alm Road, Everson, stated she is the negotiator for the
Washington State Nursing Association, which has also been in contract negotiations
with the County for a few months. Part of their concern is that the initial proposal
by the County has a lot of concessions and reductions from other contracts that
have worked very successfully. One of the concerns is that they are not keeping up
with current market prices in the nursing profession. When the County offers them
$5 per day to carry a pager and be on call, it is a slap to nurses who have these
duties at hospitals. Another concern is about the medical benefits. After seeing
what was offered to unrepresented employees, the union employees assume that
they will be offered the medical benefits cap. The problem with this is that,
although they give raises to the upper management staff of two percent, it does not
impact these staff as those who are lower paid. For example, there are medical
assistants who draw blood from hepatitis patients and take care of people with
tuberculosis that are making about $20,000 per year. For these people, a cap on
the medical benefits is a reduction in pay. Part of the reason they have been long-
term employees is because the County has offered them good benefits. Now that
there is erosion and little open discussion, there are concerns. Although the union
has offered suggestions to the County regarding a percentage of the cost share,
those are not options open to them. They are not even allowed to opt out of the
self -paid insurance program. In order for some of the lower paid employees to
make ends meet they don't feel that this contract is fair. She asked the Council for
its serious consideration in this matter. They are public employees who are there
because they like to live in Whatcom County and believe in the health of the
community. The employees serve the County well and are proud employees, but
morale is suffering and people are looking for other jobs. She asked the Council to
give the administration the message that the employees feel unvalued and to talk
to the administration about working more closely with them.
Leonard Lindstrom, Bellingham, stated God came to him in 1955 when he
joined the navy. He is the chief who completes God's jobs. He is finishing a job
given to him by the people who refuse to do their jobs, which is to help solve the
violence problem. They must educate the losers. Humans have feelings and
emotions problems. Punishment has never cured any of the feeling problems.
They only make them worse. Forget punishment, go to work, and do the job they
have. The proper courts are able to do a better job when they have a smaller
workload.
Jean Freestone, 3300 Vallette, Bellingham, stated she would comment on the
recent downzone in the Lake Whatcom watershed. She's heard the argument that
land speculators are not entitled to protection of their investment any more than
those who invest in stocks are entitled to protection. She is wary when ordinary
citizens who merely work hard, save, and invest for their retirement are labeled
speculators. More importantly, the argument fails to distinguish between a simple
market investment and the use of government police powers affecting that
Whatcom County Council, 7/16/2002, 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.
investment for a public good. She asked what would happen if the County Council
proposed appropriating half of all Microsoft stock owned by county residents for use
in funding future watershed protection. Those who don't own the stock might think
it's a fine idea. However, the poor stockholders would be justifiably upset. The
argument completely overlooks the fact that private property taken for a public
good is governed by the Fifth Amendment of the U.S. Constitution. As the U.S.
Supreme Court stated, the Fifth Amendment was designed to bar government from
forcing some people alone to bear public burdens, which should be borne by the
public as a whole. The protection of private property in the Fifth Amendment
presupposes that it is wanted for public use, but provides that it shall not be taken
for public use without just compensation. When the seemingly absolute protection
is found to be qualified by the police power, the natural tendency of human nature
is to extend the qualification more and more, until private property disappears.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee
and moved approval of Consent Agenda items one through fifteen, seventeen, and
eighteen.
• Item 16 was amended to condition approval of the contract with Inter -
Fluve on the property owners agreeing to pay the entire cost of the
construction.
• Item 19 was approved conditioned upon the Council's approval of the
ordinance, after the public hearing tonight.
• Item 20 was sent to the Committee of the Whole.
Brenner withdrew items three and fifteen.
Motion to approve Consent Agenda items one, two, four through fourteen,
seventeen, and eighteen carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID
NUMBER 02 -52 FOR ROADWAY CURBS AND GIRDERS TO THE LOWEST
RESPONSIVE BIDDER, PACIFIC CONCRETE INDUSTRIES, INC., IN THE
AMOUNT OF $50,398.62 (AB2002 -253)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE
PURCHASE FROM DUPONT FLOORING SYSTEMS AS SOLE SOURCE FOR
REPLACEMENT CARPET AND INSTALLATION FOR VARIOUS AREAS
WITHIN THE COURTHOUSE, IN THE AMOUNT OF $53,317.17
(AB2002 -254)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND TECHNICAL RESULTS
GROUP, LTD., FOR LAW AND JUSTICE COUNCIL COORDINATION
SERVICES IN THE CONTRACT AMOUNT OF $19,250 (AB2002 -255)
Whatcom County Council, 7/16/2002, 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 Brenner stated the purpose of the Law and Justice Council was to
2 recommend a criminal justice system plan, which the County Council adopted. The
3 purpose was not to create a new bureaucracy that is ongoing and uses public
4 money to keep it going. This position is being filled by someone who retired from
5 the County. She is nervous about creating positions to re- employ certain favored
6 people from the County. She is concerned about the Law and Justice Council
7 continuing to operate. It could remain operating as an advisory committee, without
8 the County having to provide a glorified secretary. They have a limited budget and
9 a budget deficit. She appreciates that councilmembers were concerned enough to
10 say they are going to look at this during budget time. However, this is a perfect
11 opportunity because they don't have a contract in place right now. Don't fill this
12 position at all. Then, at budget time, there won't be so much pressure to keep this
13 going.
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15 Crawford stated that this is basically to provide staff support for the Law and
16 Justice Council for the remainder of 2002. The Finance Committee had
17 considerable discussion about the merits of this issue. The committee recommends
18 continuing this through the end of 2002.
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20 Nelson stated he understands Councilmember Brenner's frustration. They do
21 not have the amount of money they would like to see for a lot of new activities. He
22 asked if the Law and Justice Council is looking at finding ways to still provide
23 services within the budget constraints.
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25 Dewey Desler, Deputy Administrator, stated the administration is inviting the
26 Law and Justice Council to assist it in setting priorities for the law and justice
27 budget for 2003. The Law and Justice Council is also helping the administration
28 develop some key projects relating to integrating the justice systems, working on
29 the development of a new jail, and finishing the implementation of some of the new
30 law and justice programs that were begun in the spring of 2001.
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32 Brenner stated that during the last budget cycle, the Law and Justice Council
33 recommended a program. The department head didn't want to do it. The County
34 Council overrode the department head and continued the program. The
35 administration let the program lapse anyway. If that is the way things are going to
36 happen, then all the Law and Justice Council is is a layer of middle management
37 that everyone can hide behind. It is a complete waste of time. Within a short
38 period of time, it's been proven that a department head can unilaterally go against
39 a recommendation, with the administration's blessing. They should not keep
40 spending money on this.
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42 Nelson asked if the Law and Justice Council is composed of County personnel
43 and community participants. Desler stated that is correct.
44
45 Nelson asked if all the County is doing is funding a contract for a facilitator.
46 Desler stated the contract continues many of the services that the County
Whatcom County Council, 7/16/2002, 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.
previously provided. The City of Bellingham contributes half of the cost of this
program.
Brenner stated the City of Bellingham can do whatever it wants. Whatcom
County puts a lot of money into the Law and Justice Council each year. The money
could be better spent on crisis management services and other necessities of the
county.
Motion carried 5 -1 with Brenner opposed.
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY
HEALTH AND HUMAN SERVICES AND CHAMBERS AND WELLS
COUNSELING SERVICES TO PROVIDE SUBSTANCE ABUSE
PREVENTION SERVICES IN THE AMOUNT OF $20,000 (AB2002 -256)
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY
HEALTH AND HUMAN SERVICES AND LOCAL FOCUS TO PROVIDE
COMMUNITY INVOLVEMENT SERVICES TO INDIVIDUALS WITH
DEVELOPMENT DISABILITIES IN WHATCOM COUNTY, IN AN AMOUNT
DEPENDENT ON PRE - AUTHORIZATIONS FROM THE WHATCOM
COUNTY D.D. PROGRAM (AB2002 -257)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY
HEALTH AND HUMAN SERVICES AND MT. VIEW GROUP HOME TO
PROVIDE SUPPORTED EMPLOYMENT AND COMMUNITY INVOLVEMENT
SERVICES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,
IN AN AMOUNT DEPENDENT ON PRE - AUTHORIZATIONS FROM THE
WHATCOM COUNTY D.D. PROGRAM (AB2002 -258)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY
HEALTH AND HUMAN SERVICES AND THE WHATCOM COUNTY
COUNCIL ON AGING TO PROVIDE COMMUNITY INVOLVEMENT
SERVICES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
IN AN AMOUNT DEPENDENT ON PRE - AUTHORIZATIONS FROM THE
WHATCOM COUNTY D.D. PROGRAM (AB2002 -259)
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY
HEALTH AND HUMAN SERVICES AND SERVICE ALTERNATIVES FOR
WASHINGTON TO PROVIDE EMPLOYMENT AND COMMUNITY
INVOLVEMENT SERVICES FOR INDIVIDUALS WITH DEVELOPMENTAL
DISABILITIES IN AN AMOUNT DEPENDENT ON PRE-
Whatcom County Council, 7/16/2002, 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.
AUTHORIZATIONS FROM THE WHATCOM COUNTY D.D. PROGRAM
(AB2002 -260)
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY
HEALTH AND HUMAN SERVICES AND THE WHATCOM CENTER FOR
EARLY LEARNING TO PROVIDE EARLY INTERVENTION SERVICES FOR
CHILDREN WITH DEVELOPMENTAL DISABILITIES, IN AN AMOUNT
DEPENDENT ON PRE - AUTHORIZATIONS FROM THE WHATCOM
COUNTY D.D. PROGRAM (AB2002 -261)
10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY
HEALTH AND HUMAN SERVICES AND KULSHAN SUPPORTED
EMPLOYMENT TO PROVIDE SUPPORTED EMPLOYMENT SERVICES TO
PEOPLE WITH DEVELOPMENTAL DISABILITIES, IN AN AMOUNT
DEPENDENT ON PRE - AUTHORIZATIONS FROM THE WHATCOM
COUNTY D.D. PROGRAM (AB2002 -262)
11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY
HEALTH AND HUMAN SERVICES AND CURRENT INDUSTRIES TO
PROVIDE EMPLOYMENT SERVICES FOR ADULTS WITH
DEVELOPMENTAL DISABILITIES, IN AN AMOUNT DEPENDENT ON
PRE - AUTHORIZATIONS FROM THE WHATCOM COUNTY D.D. PROGRAM
(AB2002 -263)
12. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY
HEALTH AND HUMAN SERVICES AND CASCADE VOCATIONAL
SERVICES TO PROVIDE SUPPORTED EMPLOYMENT AND COMMUNITY
INVOLVEMENT SERVICES FOR INDIVIDUALS WITH DEVELOPMENTAL
DISABILITIES, IN AN AMOUNT DEPENDING ON PRE -
AUTHORIZATIONS FROM THE WHATCOM COUNTY D.D. PROGRAM
(AB2002 -264)
13. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND DSHS -
PASSPORT PROGRAM TO PROVIDE ADDITIONAL FUNDING AND
EXTEND THE CURRENT AGREEMENT AN ADDITIONAL SIX MONTHS, IN
AN AMENDED AMOUNT OF $24,496 FOR A TOTAL MAXIMUM
CONSIDERATION NOT TO EXCEED $173,851 (AB2002 -265)
14. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND DSHS -
CHILD PROTECTIVE SERVICES (CPS), TO PROVIDE ADDITIONAL
FUNDING OF $23,882 AND EXTEND THE TERM OF THE CONTRACT FOR
Whatcom County Council, 7/16/2002, 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.
AN ADDITIONAL SIX MONTHS, IN AN AMENDED CONTRACT AMOUNT
OF $169,495 (AB2002 -266)
15. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN THE WHATCOM COUNTY SHERIFF'S OFFICE AND
THE WASHINGTON STATE DEPARTMENT OF TRADE AND ECONOMIC
DEVELOPMENT — MULTI - JURISDICTIONAL NARCOTICS TASK FORCE
PROGRAM CONTRACT, TO PROVIDE FOR THE OPERATION OF THE
NORTHWEST REGIONAL DRUG TASK FORCE IN THE FUNDED
CONTRACT AMOUNT OF $118,056 (AB2002 -267)
Brenner stated there are two problems with this. One problem is that the
federal government doesn't give the County enough money to do what it wants the
County to do. The County acts like it is getting a gift from the federal government,
but the County has to put up its own money. The war on drugs is not working.
There is nothing in the contract about treatment. It's all about prosecution. This
creates another huge bureaucracy. The drug problems are getting worse. It costs
the taxpayers a lot of money. They are not going to have more negative effects
without the task force. There are broken people out there who need treatment.
Nelson stated the contract is not for the people who need treatment, but for
the people who are bringing the drugs to those who need the treatment.
Brenner stated this contract is about prosecuting individuals. It is up to the
task force to decide who is a midlevel individual.
Roy stated there really is very little information on this task force. Her
question is what the task force does. No one from the department came to speak
to the committee about this. The information in the Council packet is not very
specific.
Nelson stated the Northwest Drug Task Force was put together several years
ago. It is a collaborative effort among all the agencies. Communities in the I -5
corridor have great impacts from drug trafficking. It also comes across the border.
They work closely with the border patrol, the Washington State Patrol, the local
sheriffs and police departments. All these agencies are trying to prevent an
increase in the amount of drug trafficking, which impacts County services.
Roy stated she understands those dynamics. She wants to hear a
presentation from these people. There are some philosophical issues here.
Crawford stated he has spoken to the administration, and they will put
together a presentation.
Dave Grant, Senior Civil Deputy Prosecutor, stated he has worked with the
task force for a number of years. The most recent result of this project was the
Whatcom County Council, 7/16/2002, 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.
development of the drug court. It works hand in hand with the task force in
bringing people to prosecution.
McShane stated he had concerns about the amounts of money the County
contributes compared to the State match amount. The County contributes
$491,869 per year. The federal government matches $118,000 per year. The
County will want to spend a fair bit of that money anyway, but how much is the
question. The County is spending more of its share than it needs to. The County
needs to put a fair bit of resources into this issue, according to the Sheriff and
Prosecutor. He wants to get a handle on where that matching money could come
from. There could be sources other than the general fund. There could be financial
implications to the County in carrying out this federal mandate. They need to get a
good handle on this issue to make some good decisions in the budget this fall.
Nelson stated the amount of money is a legitimate concern. However, the
task force has been making great strides in eliminating designer drugs.
Roy stated she worked in the public schools for a long time and has firsthand
experience with that. However, her issue is wanting to know more specifics on
what this group does. They are approving a lot of money for something that is not
well- documented.
Caskey- Schreiber agreed with Councilmember Roy's request. That was part
of her frustration today. No one came to the committee to speak about it. She has
no idea where this money is being spent. The paperwork is unclear. Her husband,
a customs official, also did not know. She would like a frank educational seminar
on what they are doing.
Brenner stated that the Sheriff and Prosecutor are advocates for this money.
They need to hear from an objective third party. She has not seen one "war on
drugs" program that is working. At the very least, the councilmembers shouldn't
vote for it if they don't understand it. If they are going to have a presentation, it
should be from an objective third party.
Nelson stated they have to hear from someone involved in the program and
who knows about the program.
Brenner stated she would like to hear from a mental health or substance
abuse counselor who deals with people with these problems all the time. She
hasn't seen any results at all. They are spending a lot of money just to look like
they are not soft on drugs.
Roy stated a discussion on the overall results of the interventions that society
is making might be interesting, but she wants to know what this task force does.
That is her request. The presentation needs to be from someone who is familiar
with what the task force does.
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Nelson asked if there are time constraints in approving the contract.
Crawford stated the contract expired June 30, 2002.
Caskey- Schreiber asked if they can hold this in committee to get a
presentation.
Dewey Desler, Deputy Administrator, stated he didn't know if there are any
negative implications to delaying approval. The administration would ask that the
Council approve this with the understanding that there will be a full presentation
that covers the background, roles, and responsibilities of the task force, information
on the results of the task force, and information on the matching funds for the
program.
Nelson stated the councilmembers should be aware of what the County
contracts are for. In the past, he's asked for access to that information. The staff
should be available during the committee meetings so councilmembers can get
information. If the staff is not going to be present at the committee meetings, they
should be present at the Council meetings to answer questions. Desler stated the
administration would do that.
McShane stated this is something they should be thinking about in terms of
the budget, not as part of a contract. One of the reasons the Council reviews these
contracts is to have them in mind when it goes through the budget. This is one
contract that is a big- ticket item that has some implications to other departments of
the County.
Motion to approve failed 3 -3 with Caskey- Schreiber, Brenner, and Roy
opposed.
16. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES CONTRACT BETWEEN WHATCOM COUNTY
AND INTER- FLUVE, INC., TO PROVIDE PHASE 2 WORK ON THE
BEAVER CREEK BANK STABILIZATION PROJECT IN THE AMENDED
AMOUNT OF $27,152 FOR A TOTAL AMENDED CONTRACT AMOUNT OF
$134,403 (AB2002 -268)
Crawford stated the Finance and Administrative Services Committee voted to
approve this conditioned on the owner paying all the construction costs. The
contract is for consultant and construction oversight services, but the owner will
have to pay for all construction costs. Two lots are affected. The two owners
would have to work out between themselves how they would share those costs. It
is estimated that the actual construction costs would be approximately $80,000.
He moved approval with the condition that the owners bear all construction costs.
Brenner asked if this amount would be adequate to complete the
engineering.
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Crawford stated it does. This amount also includes construction oversight.
Brenner stated that, by voting for this, this might not happen. If the owners
don't pay for the construction, the project dies.
Crawford agreed.
Motion to approve carried unanimously.
17. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND RE
SOURCES TO PROVIDE CLASSROOM EDUCATION PROGRAMS IN THE
CONTRACT AMOUNT OF $50,000 (AB2002 -269)
18. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO PERMIT
PROCESSING OF AN INVOICE FOR PAYMENT OF THE 2002
RETROACTIVE ASSESSMENT FROM THE WASHINGTON COUNTIES
RISK POOL IN THE AMOUNT OF $32,139 (AB2002 -270)
19. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN THE WHATCOM COUNTY AND
THE CITY OF BELLINGHAM REGARDING PUBLIC FACILITIES
DISTRICT ADMINISTRATION (AB2002 -271)
Crawford stated the Finance and Administrative Services Committee
recommends approving this item contingent upon approval of the ordinance. This
item should be held until after the Council approves the ordinance.
20. RESOLUTION IN THE MATTER OF ADOPTING A SALARY SCHEDULE
AND POLICIES FOR UNREPRESENTED WHATCOM COUNTY EMPLOYEES
FOR THE YEAR 2002 (AB2002 -272)
See "Announcements."
PUBLIC HEARING
1. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE
ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS OF LAND
INTO PARCELS SMALLER THAN FIVE NOMINAL ACRES WITHIN THE
LAKE WHATCOM WATERSHED (AB2002 -227)
Nelson stated that the moratorium has been lifted, but they have to have the
hearing anyway.
(Clerk's Note: End of tape one, side A.)
Whatcom County Council, 7/16/2002, Page 12
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Nelson opened the public hearing and the following people spoke:
Jean Freestone, 3300 Vallette, Bellingham, stated the moratorium is far -
reaching and unnecessary. She read a letter into the record (on file). There is a
recent scientific study comparing 22 urban area lake reservoirs, which gives them
an opportunity to compare Lake Whatcom with other similar lake reservoirs around
the country. Lake Whatcom ranks the third lowest of the 22 reservoirs in the
study. The study indicated that the best protective land use is forested cover.
Eighty percent of the land use in the watershed is in forestry zoning. The six
percent that is developed is in the shallow north basin and is downstream from the
water intake area. Choose the regulatory options that best fit a particular
reservoir.
Hearing no one else, Nelson closed the public hearing.
Nelson stated the Council doesn't have to take any action on this issue.
2. ORDINANCE AMENDING THE 2002 UNIFIED FEE SCHEDULE, ANIMAL
CONTROL FEES (AB2002 -245)
Dewey Desler, Deputy Administrator, stated the Council approved a new
animal control services contract. The contractor would retain the revenue from the
fees that are currently in place, and the County would retain the additional fee
revenue generated from the new fee. The fees would be more consistent with the
other fee schedules with the other municipal corporations in the county.
McShane moved to adopt the ordinance.
Caskey- Schreiber asked if Mr. Kremen has established the commission that is
to provide oversight to the contractor. Desler stated he is working on it, but he has
not established it yet. The administration expects to report to the Council on that
issue on July 30.
Nelson stated he was glad to see an elevated fee structure for multiple
violations.
Nelson opened the public hearing and, hearing no one, closed the public
hearing.
Crawford stated it is cheaper for a person to turn in a lost puppy to the
animal shelter, and then go back the next day to adopt it at a cost of $65, which
includes spay /neuter and all shots, than it is to just keep a lost animal and pay for
those services independently. He asked what prevents someone from doing that.
What they are trying to do is provide incentive for people to adopt animals by
subsidizing the cost in the amount of about $300,000 per year.
Motion carried unanimously.
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3. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY
SURPLUS PROPERTY PURSUANT TO WCC 1.10 (AB2002 -231A)
Dewey Desler, Deputy Administrator, stated that the County administration
annually brings forward excess property to be sold at public auction.
Nelson opened the public hearing and, hearing no one, closed the public
hearing.
Brenner moved to approve.
Crawford asked why the list includes a police motorcycle with 15,000 miles.
Desler stated the unit is ten or eleven years old, and it has been determined that it
has exceeded its useful life.
Motion carried unanimously.
4. RESOLUTION IN THE MATTER OF THE WHATCOM COUNTY SIX -YEAR
TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2003
THROUGH 2008 (AB2002 -239A)
Bruce Mills, Assistant Director of Engineering, gave a staff report and stated
the plan is essentially the same as the one he introduced to the Council six weeks
ago. There are two changes. The first change is to bid item eight regarding
shoulder widening. He changed the name to shoulder widening and trails. It gives
them flexibility to use funds in the future for trails that may run along a road.
Councilmember Caskey- Schreiber asked about the intersection of Pole Road
and Hannegan Road. He talked with the State. It is number seven on the State's
list of intersections in this region that needs a signal. He included item 34 on the
list, which would be to cost share with the State in the near future for a signal at
that intersection.
Brenner asked if the Point Roberts bike path falls under paths and trail item
eight or the Point Roberts Tyee and Benson roads item 37. Mills stated it falls
under both items. If the department works on Tyee Drive in the future, it would fall
under the Tyee Drive portion. Another portion of the trail near Monument Park
would fall under item eight.
Nelson asked if the public access along the bridge on Lake Whatcom
Boulevard has been included. Mills stated that item has moved up on the list. It
may be designed this year. They've completed the surveying this past year. It is
item 24 on the list. Rocky Ridge is the area where they recently did some
improvements. It is that area, through the Sudden Valley gates, to Lake Louise
Road.
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Brenner stated there is no date on Tyee Drive at all. There are a lot of
people on Point Roberts who are concerned about getting that path done. She
asked if they will be able to do something in 2003. Mills stated that is not the
intention unless the Council wants to move something up on the list. At this point
in time, it is the Public Works Department's opinion that the existing roadside
shoulders are adequate to handle bicycle traffic. He preferred to see that the
residents work with the Executive's Bicycle and Pedestrian Advisory Committee.
The committee can bring forward a prioritized list of shoulders and trails they would
like to see worked on. The committee has already provided a list of shoulder
widening projects. At this point, it is a planning document. When he comes
forward in a couple of months with the annual construction program, they can get
more serious about which projects they will work on under item eight. This is
meant to be a planning document, not the construction program.
McShane stated item eight is a subset of trails and widening projects that
might have their own priority list. Mills agreed.
Roy asked how many trail and shoulder widening project requests there are.
Mills stated the advisory committee provided a list of seven projects. Tyee Drive
isn't on that list. The residents should work with the advisory committee to get it
on the list.
Nelson stated they've done a great deal in the Lake Whatcom watershed to
protect against impervious surfaces. He asked if any of the projects in that area
are shoulder widening projects. Mills stated they are. Most of them don't have
adequate lane width or shoulders right now. The County will have to mitigate the
impacts just as a citizen would have to do. Typically, ten to fifteen percent of the
construction cost goes toward that type of mitigation.
Nelson opened the public hearing and the following people spoke:
Scott Thompson, 5880 Green Acres Drive, Everson, stated he is a member of
the Bicycle /Pedestrian Advisory Committee. He thanked Bruce Mills and the Public
Works Department for their cooperation in the past year. He asked that the
department continue to put a high priority on what would provide the most benefit
for the most residents, specifically sections of the Coast Millennium Trail, Marine
Drive from Bennett to Bancroft roads, and North Shore Road. They would like a
separate trail along North Shore Road as much as possible. The committee would
like the Public Works Department to consider widening the Birch Bay Drive
sidewalk, which is priority 47.
Their research indicates a high demand for a non - motorized trail corridor on
the north side of Lookout Mountain. He would like to open the Whatcom Connector
corridor to walkers and bicycles before it is required as a roadway. Since the
County already owns some segments of the right -of -way, opening a trail would be a
low cost way to aid the future road study. It would also relieve bicycle traffic from
Lakeway and provide access to new parkland and existing recreation areas.
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Brenner asked if the advisory committee has talked to the City of Ferndale.
There is no bike trail in the city. Thompson stated he has not. Their vision for the
Coast Millennium Trail right now is to open a section on the west side of the airport,
open an off -road trail that would link Marine Drive to Slater Road, cross Slater to
Hovander Park, use the existing trail along the shore of the Nooksack River at
Hovander Park, and install a bicycle /pedestrian bridge across the river at Hovander
Park to Pioneer Park. It would be a great benefit to the community. It would open
a nice, scenic, fast, and efficient commuter route from Ferndale to Bellingham.
Dave Determan, 6989 Birch Bay Drive, stated he is a member of the
Bicycle /Pedestrian Advisory Committee. He is concerned about the six -year plan.
There is a lot of information in the county that goes through this advisory
committee. There are people out there who have a wealth of knowledge on the
conditions of the roads. He would like to see more coordination with the advisory
committee and the road department. The Planning staff is easy to get along with.
There is still this vagueness on the priorities that exist. The advisory committee
has a draft map that shows the main routes that Mr. Thompson mentioned. The
Planning Department has included this map on their official schedule. The map
shows where there needs to be shoulders and wider bridges. It also shows where
there needs to be off -road bike and pedestrian paths.
Ellen Barton, 1581 Marine Drive, stated she is a member of the
Bicycle /Pedestrian Advisory Committee. She thanked the Executive, Council, and
Bruce Mills for working with the advisory committee. The six -year road plan looks
good overall. It is exciting to see an actual line item for the infrastructure for safe
biking and walking. There are areas of the Coast Millennium Trail that are being
developed right now. There are a couple of places where things aren't coming
together. Make sure continued coordination happens. Having the Public Works
Department staff attend the advisory committee meetings would be helpful.
In addition, look at the Mosquito Lake Road bridge, which is on the six -year
plan. It's likely that federal funding could be found to make the bridge a two -lane
bridge. Very few cars travel on that road. That will cost a fair amount of local
money as well. A more cost effective use of those funds would be for a bridge
between Hovander and Pioneer parks. There are different sources for funding of
non - motorized transportation.
The Point Roberts trail was brought to her attention, and the advisory
committee discussed it a little bit. They have not finished discussing it.
Brenner asked how the route they are talking about on Mountainview Road
can keep someone on the Coast Millennium Trail route. Barton stated that an
alternate route was to go through Ferndale. However, there aren't bicycle
shoulders in Ferndale. Slater and Terrell roads are an interim route that bypasses
the city altogether.
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Donna Clark, 2502 North Shore Road, stated she has worked on the Lake
Whatcom Connector for 30 years. There have been three petitions. The people out
there think it's going to happen. They have no idea that this meeting is happening
right now. Before thinking about bike paths, they need to think about the traffic on
Lakeway Drive 20 years from now. Lakeway Drive is a nightmare. The connector
is the only viable way to go. There is no alternative. They can't go north. There is
nothing out there except Lake Whatcom Boulevard, Cable Street, and Lake Louise
Road. If this Council doesn't do it, someone else will. They've got to think ahead.
Do not forget the connector. If they do, they are being shortsighted.
Marie Kimball, 1842, Emerald Lake Way, stated she has been working
informally with the Bicycle /Pedestrian Advisory Committee and the County. She
urged the County Council to keep in mind the cost of putting in trails for bicycle,
pedestrian, and recreational use at the cost of land today versus the cost of land
twenty years from now. They can dramatically impact this community by putting in
those recreational use areas. It will increase the economy, increase property
values, and keep the quality of life.
Hearing no one else, Nelson closed the public hearing.
Brenner moved approval. She asked if it would be difficult to get the State
and federal governments to let the County build a bridge. Mills stated it would be
very difficult. Ferndale thinks that it may build a cantilevered pedestrian walkway
and bikeway on their bridge. He thinks that project is still alive. It would be more
economically feasible than a brand new bridge.
Brenner asked Mills to find out if that is still happening. Mills stated they've
been successful in getting only the bridges replaced that are on main, major roads.
Occasionally, pedestrian bridges get funding, but they are over creeks.
Brenner stated she is not talking about funding. She is talking about
permitting over a salmon- bearing river. Mills stated it would have to be properly
mitigated. He didn't know if there are any funds available for a pedestrian bridge of
that size.
Brenner asked if it is up to the Point Roberts residents to get item eight done
quicker. Mills stated that, when he brings the annual program forward, he will also
bring forward a list for item eight that can be approved with the program.
Brenner asked for a map from all the cities showing where their bike trails
are. Mills stated he could check into that.
trails.
Thompson stated there is no good map now because there are not a lot of
Brenner stated the County needs to know if any of the cities have trails.
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Nelson asked if wide road shoulders count as bike trails. Mills stated they do.
They may not be designated as a bike route.
Brenner asked that the maps show where someone can safely ride a bike in
the cities.
Crawford moved to amend the resolution to move item 67, the Whatcom
Connector study, to become item 20 or whichever financial position would allow the
engineering study in the amount of $200,000 to happen in 2003.
Nelson offered a friendly amendment to include looking at the connector
route as a feasible route for a bike trail. The cost of the study would be the same.
Crawford accepted the friendly amendment.
Brenner stated she recalled that the County did a study on the Lake
Whatcom connector that showed it would be obsolete by the time it was built.
(Clerk's Note: End of tape one, side B.)
Brenner asked if they already did a study. Mills stated they did a study in
1992. It was a feasibility study to determine whether or not it is possible to get a
route from A to B, what the general cost would be, and what the environmental
consequences would be.
Brenner stated the study was about cost and whether a connector would
even make a difference. The Council was told that it would be prohibitively
expensive and would not solve the problem. Mills stated that the cost in 1992
dollars would be about $14 million for the construction. The study mentioned that
traffic will continue to grow and that if they build a route, it opens up more land for
potential development. The study looked at the maximum zoning if everything was
built out. The study concluded that, even with the improvement, they would still
reach a certain level of service.
Nelson stated that it recently took him two turns to get through the Yew
Street traffic light on Lakeway in the middle of the afternoon. He drives that area,
and he sees the impacts to transportation on Lakeway. They can keep saying they
have concerns about development. There has been an effort to reduce
development densities in the watershed. There is still a potential for more
development. That development will occur. That doesn't decrease the impact to
transportation. They will see even more transportation. It is prudent to keep this
item on the list and get an understanding of the cost. That engineering study only
did a general cost analysis. The Council needs that information to make a wise
decision.
Brenner stated she is against the motion. They are asking the taxpayers to
fund all these beneficial ideas for the watershed, and then the County is creating
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much more impervious surface with a new road. She didn't know how to justify it
to the majority of the Whatcom County taxpayers. This study isn't going to be
funded by the people who are in that area. Everyone will fund it. Everyone is
already paying to buy property and do other things to reduce impervious surfaces
in the watershed.
Nelson stated they are going to add more impervious surfaces on North
Shore Drive for bike and pedestrian trails. Those are being added also along
Lakeway and Lake Louise. They still have traffic on Lake Whatcom Boulevard, right
next to the lake. They do have recorded numbers of inorganics from gasoline and
oils going into the lake. It would be better to divert that traffic away from that
route.
Brenner stated that they are not going to divert the traffic by building
another road. They are going to increase opportunities for people to drive. That's
not necessarily going to divert traffic, except for people who are willing to take a
longer time to go around. They are still going to create more impervious surface.
Nelson stated the Whatcom County taxpayers and Whatcom County Planning
Department created the densities that exist there.
Brenner stated she doesn't know how to justify it. The preliminary study was
general. However, it was obvious that, by the time that road is built, the lake
would be at a critical level. They just keep creating more problems by building
more impervious surfaces while Planning staff and others are trying to come up
with standards to decrease impervious surfaces.
Roy called for the question.
Motion to amend failed 2 -4 with Crawford and Nelson in favor.
Motion to approve the resolution carried unanimously.
5. ORDINANCE AMENDING ORDINANCE 84 -008, WHICH AUTHORIZED
THE LEVY OF TAXES FOR COUNTY AND STATE PURPOSES IN
WHATCOM COUNTY (AB2002 -244)
Nelson opened the public hearing, hearing no one, closed the public hearing.
Caskey - Schreiber moved to adopt the ordinance.
Motion carried unanimously.
6. ORDINANCE ESTABLISHING A JOINT CITY /COUNTY PUBLIC
FACILITIES DISTRICT (AB2002 -249)
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Dewey Desler, Deputy Administrator, stated the Council originally adopted a
County Public Facilities District. The City of Bellingham did the same. The State
legislature allows them to consolidate for a more effective use of public facilities
districts. There are tax rebate advantages if they consolidate this month. There is
an interlocal agreement with the City of Bellingham before the Council tonight. It
would govern this activity. The Council will discuss the creation of a Joint
City /County Public Facility District. The Council will also appoint members to the
Board for that district. Based on recommendations from the County Executive and
Bellingham Mayor, a seventh member is recommended for appointment. Finally,
there are some scrivener's errors that need to be corrected in the documents. The
Executive and administration recommends approval of the interlocal agreement, the
appointments, and the corrected ordinance.
Nelson opened the public hearing and, hearing no one, closed the public
hearing.
Crawford moved to adopt the ordinance.
Crawford moved to correct the scrivener's errors in the ordinance that were
presented to the Council by Dan Gibson:
• Line two of the ordinance title, "...36.100 35.57...."
• Line three of the third "Whereas" statement, "...and 36.1 nn
• Line one of the fourth "Whereas" statement, "...and RGW 36 100 ",
• Line one of section 1.17.010, "Pursuant to Chapter 36.100 35.57 (the County
PFD fret), there is...."
• Line two of section 1.17.050, "...and RCW 36 1 nn
• Lines five and six of section 1.17.065(A) and RCW 36 1 nn
Nelson stated they would vote on the scrivener's changes.
Motion to amend carried unanimously.
Nelson stated this collaboration would be a benefit to save taxpayers' dollars.
Roy asked if the smaller cities will get these funds.
Pete Kremen, County Executive, stated they don't qualify.
Dewey Desler, Deputy Administrator, stated Whatcom County, which
represents the unincorporated areas and all the cities smaller than Bellingham, and
the City of Bellingham are the only two bodies that qualify under the current law.
Roy stated Whatcom County represents a broad range of people. It would be
nice to have the other areas in the county included somehow.
Crawford stated the minimum project size has to be $10 million. It's not
realistic.
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Kremen stated one of the primary goals and objectives of entering into this
partnership with the City of Bellingham is to realize a significant additional facility
for parking spaces, which would benefit everyone in Whatcom County as they do
business in the Civic Center area. This facility will be able to create significant
additional parking capacity in this area, which would benefit everyone in Whatcom
County.
Roy asked if there is no opportunity for any of the smaller cities in the county
to have any representation on the board. Kremen stated he includes members on
the board that represent areas other than the City of Bellingham. Jerry Chambers
is from the Ferndale area. Phil Sharpe is from Sudden Valley. Manca Valum is from
the Deming area on the Mount Baker Highway.
McShane asked if the County Council could veto the board's decisions if it
doesn't like what the board is doing. Kremen stated that in terms of the County's
share, the County Council does have the final decision. That would amount to
approximately $250,000 annually.
Brenner stated she has a small concern about good county representation.
Everyone of those representatives has a business in Bellingham. She asked if there
is anyone on the board who doesn't have a direct financial tie to Bellingham.
Kremen stated Bellingham is the County seat. Not one city, other than Bellingham,
even voiced any interest in participating.
Brenner asked how the individuals were selected for the board. Kremen
stated he selected people based on their talents, knowledge, and abilities.
Motion to adopt the ordinance carried unanimously.
CONSENT AGENDA
19. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN THE WHATCOM COUNTY AND
THE CITY OF BELLINGHAM REGARDING PUBLIC FACILITIES
DISTRICT ADMINISTRATION (AB2002 -271)
Crawford reported for the Finance and Administrative Services Committee,
which met and recommended approving the agreement pending approval of the
above ordinance. He so moved.
Motion carried unanimously.
OTHER ITEMS
9. REQUEST CONFIRMATION FOR THE EXECUTIVE'S APPOINTMENT OF
MANCA VALUM, PHIL SHARPE AND ONE PERSON YET TO BE
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CONFIRMED TO THE JOINT PUBLIC FACILITIES DISTRICT (AB2002-
276)
McShane moved to confirm the appointment of Robin Halliday to the Board.
Brenner asked about Ms. Halliday's background.
Pete Kremen, County Executive, stated Ms. Halliday has been a
businessperson in the Bellingham and Whatcom County area for approximately 20
years. She has been affiliated with DIS Corporation. She now has her own
business in the Whatcom County area. She is a past president of the United Way
campaign. She is a stellar businessperson in this community. Her business
expertise will be very valuable to the board. She is an excellent person to round
out the slate of seven members.
Nelson stated that this person is an additional recommendation to the
members recommended. They will address this item later in the agenda.
McShane withdrew his motion.
(Clerk's Note: Discussion continued below.)
2. REPORT ON DISCUSSION REGARDING WHATCOM COUNTY'S
PURCHASE OF DEVELOPMENT RIGHTS PROGRAM AND REVIEW OF
DRAFT CONSERVATION EASEMENT LANGUAGE (AB2002 -216)
Roy reported for the Natural Resources Committee and stated this item was
discussed.
1. REPORT ON DISCUSSION REGARDING MARINE SALMON NET PENS
AND SUPPORT OF WILD SALMON FISHERIES (AB2002 -202)
Roy reported for the Natural Resources Committee and stated this item was
held in committee. Representatives from the Marine Resources Committee, State
Department of Fish and Wildlife, State Department of Ecology, and the Nooksack
Salmon Enhancement Association spoke in committee. Mr. Wenger pointed out
that the County has a Shoreline program that the Council needs to review. There
are two or three suggested resolutions.
3. ORDINANCE AMENDING ORDINANCE 88 -015, ESTABLISHING THE
FERRY PETTY CASH REVOLVING FUND, INCREASING THE AMOUNT BY
$400 FOR A TOTAL OF $800 (AB2002 -241)
Crawford reported for the Finance and Administrative Services Committee
and stated the committee recommends approval. He so moved.
Motion carried unanimously.
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4. ORDINANCE RESCINDING ORDINANCE 82 -107, ESTABLISHING A
SOLID WASTE PETTY CASH MANAGEMENT REVOLVING FUND
(AB2002 -242)
Crawford reported for the Finance and Administrative Services Committee
and stated the committee recommends approval. He so moved.
Motion carried unanimously.
5. ORDINANCE AMENDING ORDINANCE 88 -049, ESTABLISHING THE
PUBLIC WORKS ADMINISTRATION PETTY CASH REVOLVING FUND,
INCREASING THE AMOUNT BY $100 FOR A TOTAL OF $200 (AB2002-
243)
Crawford reported for the Finance and Administrative Services Committee
and stated the committee recommends approval. He so moved.
Motion carried unanimously.
6. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENTS OF
GALEN ROCKENBACK, JEFF MARGOLIS AND BRECK ANDERSON TO
THE BICYCLE/ PEDESTRIAN ADVISORY COMMITTEE (AB2002 -273)
Crawford moved approval.
Motion carried unanimously.
7. NOTIFICATION TO COUNCIL OF THE APPOINTMENT OF TIM
HOSTETLER AS THE DESIGNATED TRANSPORTATION POSITION ON
THE ESSENTIAL PUBLIC FACILITIES ADVISORY COMMITTEE,
REPLACING JERRY SCHUTZ OF THE WSDOT (AB2002 -274)
Caskey- Schreiber moved approval.
Motion carried unanimously.
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE A NEW
APPLICATION FOR A LIQUOR LICENSE FOR FUEGOS 542 AT 7471
MOUNT BAKER HIGHWAY, MAPLE FALLS (AB2002 -275)
Crawford moved approval.
Motion carried unanimously.
9. REQUEST CONFIRMATION FOR THE EXECUTIVE'S APPOINTMENT OF
MANCA VALUM, PHIL SHARPE AND ONE PERSON YET TO BE
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CONFIRMED TO THE JOINT PUBLIC FACILITIES DISTRICT (AB2002-
276)
(Clerk's Note: Discussion continued from above.)
Nelson stated the third person to be confirmed is Robin Halliday.
Dewey Desler, Deputy Administrator, stated the Council's packet lists six of
the board members in addition to the recommendation of Robin Halliday. The
administration recommends that the County Council confirm the appointment of all
seven members.
Nelson moved to confirm the appointment of Manca Valum, Phil Sharpe,
Charles Self, Dave Warren, Jerry Chambers, Dunham Gooding, and Robin Halliday.
Motion carried unanimously.
10. NOMINATION AND APPOINTMENT OF ONE COUNCILMEMBER TO
SERVE ON THE EFSEC AS IT REVIEWS THE 720- MEGAWATT NATURAL
GAS POWER PLANT PROPOSED BY THE BP CHERRY POINT REFINERY
(AB2002 -246A)
Brenner nominated Council McShane.
Motion carried unanimously.
OTHER BUSINESS
Crawford moved to nominate Councilmembers Caskey- Schreiber and Roy to
represent the County Council in its opposition of Sumas Energy 2 in the Governor's
meeting this Thursday.
Motion carried unanimously.
INTRODUCTION ITEMS
Brenner moved to accept the Introduction Items.
Motion carried unanimously.
1. ORDINANCE AMENDING ORDINANCE NO. 94 -036 TO INCREASE THE
EXCISE TAX ON RADIO ACCESS LINES AND TO PROVIDE FOR
REIMBURSEMENT TO THE TELEPHONE COMPANIES FOR COSTS OF
ADMINISTRATION AND COLLECTION OF THE TAX IMPOSED
(AB2002 -277
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2. ORDINANCE AMENDING WHATCOM COUNTY CODE 3.22.030 TO
REMOVE THE TIME LIMITATION UPON THE DURATION OF THE
EXCISE TAX UPON SWITCHED LINES, AND AMENDING WCC 3.22.050
TO PROVIDE FOR REIMBURSEMENT TO THE TELEPHONE COMPANIES
FOR THE COST OF ADMINISTRATION AND COLLECTION OF THE
EXCISE TAX UPON SWITCHED ACCESS LINES (AB2002 -278)
3. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 2.78
MODIFYING THE MEMBERSHIP MAKEUP OF THE SOLID WASTE
ADVISORY COMMITTEE (AB2002 -279)
4. ORDINANCE AMENDING ORDINANCE NO. 2002 -029 BY CHANGING
THE LEGAL DESCRIPTIONS OF BAKER AND CUSTER 1 PRECINCTS
(AB2002 -280) (HEARING TO BE SCHEDULED)
S. ORDINANCE AMENDING THE 2002 BUDGET, AMENDMENT NO. 8
(AB2002 -281)
6. ORDINANCE CONTINUING THE MORATORIUM ON ACCEPTANCE OF
NEW APPLICATIONS FOR SUBDIVISIONS OF LAND INTO PARCELS
SMALLER THAN FIVE ACRES WITHIN THE LAKE SAMISH WATERSHED
(AB2002 -063B)
7. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION
3.05.010, TORT AND DAMAGE CLAIMS (AB2002 -251)
8. RECEIPT OF THE GREATER WHATCOM COMPREHENSIVE ECONOMIC
DEVELOPMENT STRATEGY (AB2002 -248)
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Crawford asked to be excused from the next Council meeting due to a family
vacation. He also requested that Councilmember McShane serve as chair of the
Finance and Administrative Services Committee that day.
Caskey- Schreiber stated that the Northwest Air Pollution Authority (NWAPA)
said that Phillips Refinery retrofitted the Whatcom County public transportation
buses to capture particulate matters, which should reduce emissions.
Brenner distributed paperwork and stated there was a discussion today about
Northwest Care Advocates and about the administration's interpretation of the
Council's directive in that matter. The budget minutes speak for themselves. It is
clear that the Council expected the administration to come back to the Council
within the six -month period with options for how they are going to continue funding
this program. Instead, the contract was allowed to lapse. The administration has
cancelled every contract they have with this group, even though the people they
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work with have praised the group. The group has reduced injuries in Juvenile
Detention. What the administration did flies in the face of everything that is going
on now with one young man who just killed a small child. The young man was in
the juvenile system. Right now, those kids are underserved crisis management.
The Council gave Northwest Care Advocates its commitment that the County would
find funding for the contract. Northwest Care Advocates hired people, and have
had to lay off people. She can't remember when the County has ever treated
contractors with such disrespect as they've done in this case. The Council has been
treated disrespectfully also. She assumed that those services would be continued.
She understands that that level of service is not being done now. This is an
instance in which the Law and Justice Council recommended this program because
it is such a good program and because what Juvenile Detention was doing was
failing. Now, they are back to what the County was doing before. In light of the
terrible tragedy that happened this spring, this is the worst possible time to
discontinue this service. She is appalled and disappointed at this whole situation.
This organization is doing the same kind of program in Skagit County. Skagit
County collected data on the program and determined that this service was saving
Skagit County $500,000 per year, after expenses. The County Council's opinion
was ignored. It will be difficult to get good contractors in the future because they
can't be sure that Whatcom County will honor its commitments.
Roy stated she took a field trip on Saturday with Councilmembers Nelson and
Caskey- Schreiber and Mr. and Mrs. Bob Wiesen. They toured the Drayton Harbor
oyster beds. It was a wonderful experience.
Dewey Desler, Deputy Administrator, stated there will be a series of
recommendations at the next meeting from Behavioral Health /Juvenile Services ad
hoc task force, of which Councilmember Brenner was a member. It was composed
of 18 people who made a series of recommendations related to the direction of
where they need to go with mental health services for youth in the community who
are in danger and suffering from co- occurring disorders. He hopes to have a
discussion with the Council about how they implement those recommendations.
Executive has been seeking funding to support the direct application of those
recommendations from that task force.
Brenner stated she was on that task force. She could not get the paperwork
needed to vote. A good portion of that ad hoc committee was made up of people
who are in direct competition with Northwest Care Advocates. The committee
voted to drop the service. There were two people who voted to keep the service.
Those two people were the only two committee members who are unattached. One
person was the representative from the National Association for Mental Illness
(NAMI). The other person was the lone consumer of mental services. They are two
very objective, uninvolved people.
Nelson stated the County received an award from the Governor for a
program through the Regional Support Network for mental health. The program is
at SeaMar for high -risk teen girls with substance abuse and mental health
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problems. David Jefferson worked diligently in putting together a coalition of
mental health professionals and substance abuse professionals to address these co-
occurring disorders. The award is for an innovative approach to solving
government problems.
ADJOURN
The meeting adjourned at 9:15 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on August 13 , 2002.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Council Chair
Whatcom County Council, 7/16/2002, Page 27