HomeMy WebLinkAboutCouncil November 12 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
November 12, 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 None
Laurie Caskey- Schreiber
Sam Crawford
Seth Fleetwood
Dan McShane
Sharon Roy
ANNOUNCEMENTS
Crawford stated he is concerned about the appointment of the vacancy
created by the County Sheriff. He requested that the Administration have the
Human Resources Department prepare an application they deem appropriate for
the position of County Sheriff for Council review at its November 26 meeting.
He moved that the Whatcom County Council request the County
Administration to develop a County Sheriff job application proposal, to be
considered at the November 26, 2002, Council meeting. The Council further
requests whatever preparation is needed to print and distribute that application,
with Council- amendments, beginning on November 27, 2002. The proposed
application should include the words, "To be submitted to the Clerk of the Council
by 4:00 p.m. on Wednesday, December 4, 2002."
Motion carried unanimously.
Nelson announced that the following items were discussed in executive
session during the Committee of the Whole meeting:
• Discussion regarding collective bargaining negotiations (AB2001-
390)
Nelson stated direction was provided to the Human Resources Department.
• Discussion with a representative from the Whatcom County
Prosecutor's Office regarding pending litigation (AB2002 -018)
Whatcom County Council, 11/12/2002, 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.
Caskey- Schreiber reported that during the executive session, the Council was
presented with a proposal to settle the County's administrative appeal pending
before the Thurston County Superior Court in the matter of Sumas Energy 2 (SE2).
Upon review of the proposal it was decided that the settlement agreement should
be accepted and the Council asks Executive Kremen to acknowledge acceptance of
the agreement as proposed on behalf of the County as soon as possible.
The Council has requested as part of the settlement agreement that at SE2's
expense, a consultant be hired on our behalf to identify potential and viable air
pollution offset opportunities within our airshed. This consultant will also act as an
independent reviewer of SE2's proposed future mitigation plan. The Council feels
that this avenue will best serve the interest of the citizens of Whatcom County and
strive toward maintaining our clean air and quality of life.
Pete Kremen, County Executive, stated he has already signed the settlement
agreement. It has been taken care of. The Council asked prudently and wisely.
• Consideration of an appeal of the Hearing Examiner's decision on
APL2000 -0011, filed by Victoria Luhrs, regarding construction of
structures and a bulkhead on shoreline property on Lummi Island
(AB2002 -384)
Nelson stated this item was held in Committee of the Whole for two weeks
due to uncompleted discussion on the matter.
• Consideration of an appeal of the Hearing Examiner's decision on
APL2000 -0011, filed by Whatcom County Planning and Development
Services - Land Use Division, regarding construction of structures
and a bulkhead on shoreline property on Lummi Island (AB2002-
384A)
Nelson stated this item was held in Committee of the Whole for two weeks
due to uncompleted discussion on the matter.
MINUTES CONSENT
Brenner moved to approve the Minutes Consent items with the amendments
to the Regular County Council Meeting of October 22, 2002.
Motion carried unanimously.
1. COMMITTEE OF THE WHOLE FOR OCTOBER 22, 2002
2. REGULAR COUNTY COUNCIL MEETING FOR OCTOBER 22,
2002
Whatcom County Council, 11/12/2002, 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.
3. SPECIAL COUNCIL WORK SESSION FOR OCTOBER 30,
2002
OPEN SESSION
The following people spoke:
Richard Emerson, Building Industry Association (BIA) of Whatcom County
Government Affairs Officer, stated that on September 26, 2002, the City of
Bellingham and Whatcom County split the cost of bringing a no- growth advocate
who presented at a forum in these chambers. If that is true, he would request that
the BIA be allowed, expense of the City and County, to bring a pro - growth program
to these chambers to demonstrate how growth can take place responsibly.
Mike Kaufman, 1620 Huntley Road, stated Initiative 420 passed in 1999.
Because of that initiative, they are dealing with the electric moratorium. At that
time, Puget Sound Energy proposed running a 230,000 -volt line carrying 750
megawatts of power down the Noon Road. The citizens opposed the plan and
passed the initiative, which did not address megawatts. The initiative needs to be
strengthened. The County should be in charge when major industrial facilities are
located. 230,000 -volt lines with 750 megawatts of power are not for residential
use, but the line was being sold to the community as a small line.
Bob Bezona, 2219 Lummi Shore Road, asked if the Council is continuing its
suit against the SE2 project.
Crawford stated there is a proposed settlement. SE2 has not yet signed it.
Bezona stated they need to be frugal in the budget matters. They should not
use County funds in a wasteful manner, such as instituting a lawsuit against SE2.
The approving agency went through an extensive hearing process to evaluate the
project and gave its approval. The lawsuit is a waste of time and taxpayer money.
Dirk Petty, 1376 Van Wyck Road, thanked the Council for its well- directed
hard work against SE2. There are 6,000 megawatts of power currently permitted,
which is roughly five times the size of Seattle. Those plants are already permitted.
This is not truly about electrical supply, but about supplying gas and water rights
for the future. The initiative battle took about four years' worth of hard work, and
it paid off. Private corridors are not the way to go. Help protect our county.
Jonathan Sitkin, attorney, stated the Benner and Killam proposed
Comprehensive Plan amendments are coming forward from the Natural Resources
Committee with a recommendation to go forward with a public hearing. He
supports the recommendation. It needs a public hearing because the report that
the Planning Commission called for is not technically in the record and would not be
until the public hearing is held. It is the prudent and wise thing to do.
Whatcom County Council, 11/12/2002, 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.
Jean Freestone, 3200 Vallette Street, stated she would like to protest the
public process on the Lake Whatcom downzone. When the interim ordinance
passed last June, there was supposed to be a hearing within 60 days. The hearing
was finally set before the Planning Commission for November 14. Then it was
changed to November 21. A notice was sent to 3,400 property owners in the Lake
Whatcom watershed. The map enclosed on the announcement was so small that it
is nearly impossible to know whether a property is in or out of the downzone. She
responded to comments made in a letter in the file from former Councilmember
Dan Warner.
Leonard Lindstrom, Bellingham resident, stated this is the worst police state
in this world. Non - Christians are as American as Christians.
Rich VanDiest, 9181 Heady Road, Sumas, stated he is in favor of the Sumas
Energy 2 (SE2). It has undergone extensive scrutiny for the past three and a half
years. It meets and exceeds all U.S., Washington State, and Canadian standards.
It has been given unanimous approval by the Energy Facility Site Evaluation Council
(EFSEC) and Governor Locke. He asked the Council to go forward with withdrawing
its lawsuit on the matter.
Dale Wheeler, 8667 Golden Valley Drive, stated the re- opening of the Frost
Road, is a very important road and needs to be open on both ends. Also South
Pass Road needs to be looked at for safety issues. The road is almost gone.
Lesa Starken burg- Kroontje, 115 Front Street, Lynden, stated she represents
the Killam's application for a Comprehensive Plan and zoning amendment. The
Planning Commission recommended approval with two conditions. Both conditions
on approval that were originally required by the Planning Commission have been
met, so no conditions are necessary any more. The recommendation from the
Natural Resource Committee is for approval with no conditions, because the
conditions have been met. She requested that the Council hold a public hearing on
the matter.
Dean Rogers, 1712 High Noon Road, thanked the Council for its intervention
on the SE2 project. He is opposed to the project. He agreed with Mike Kaufman
about the need to strengthen Initiative 490. He also agreed with Dirk Petty that
high - powered electricity needs to stay in the existing corridor.
DISCUSSION OF PROPOSED COMPREHENSIVE PLAN AMENDMENTS
1. PROPOSED WHATCOM COUNTY COMPREHENSIVE PLAN AMENDMENT
TO EXPAND A MINERAL RESOURCE LAND DESIGNATION NEAR
MINAKER ROAD SOUTH OF SUMAS (BENNER SITE) (AB2002 -084L)
Whatcom County Council, 11/12/2002, 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.
Roy reported for the Natural Resources Committee on this and the next item
(Killam Site, AB2002- 084M). The committee recommends that the Council hold a
public hearing on the approval of the two amendments as proposed, but without
the Planning Commission's public access condition. She moved to hold a public
hearing on the two amendments without the public access conditions. The two
properties need to be looked at together to satisfy the designation criteria. At this
time, it's not appropriate to designate where the access should be.
Motion carried unanimously.
2. PROPOSED WHATCOM COUNTY COMPREHENSIVE PLAN AMENDMENT
TO EXPAND A MINERAL RESOURCE LAND DESIGNATION NEAR
TELEGRAPH AND MINAKER ROADS, SOUTH OF SUMAS (KILLAM SITE)
(AB2002 -084M)
See the above item.
OTHER BUSINESS
Brenner asked when the Frost Road and South Pass Road closure would be
scheduled for the Public Works Committee.
Dick Prieve, Assistant Director, they are coming forward soon.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee
and moved approval of Consent Agenda items one and five through fifteen. There
are minor substitutes that were submitted for item fifteen.
Motion to approve Consent Agenda items one and five through 15 carried
unanimously.
1. RESOLUTION FOR HEARING AND NOTICE OF HEARING ON SALE OF A
PORTION OF COUNTY -OWNED PROPERTY (AB2002 -377)
2. RESOLUTION FOR HEARING AND NOTICE OF HEARING ON SALE OF
COUNTY TAX TITLE PROPERTY, REQUEST NO. 02 -02 (AB2002 -378)
Crawford stated that items two through four on the Consent Agenda are
individual and separate lots that were not chosen by the Sudden Valley Community
Association to be purchased. The committee does not make a recommendation on
these three items. He moved to approve the resolutions in Consent Agenda items
two, three, and four.
Whatcom County Council, 11/12/2002, 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.
Fleetwood asked why the committee did not recommend these three items.
McShane stated the Council needs to think about whether it should just turn
around and sell these properties that are within an area that is a sensitive
environment. These properties could be developed. This is the second time this
issue has come up. The Council has not yet had a policy discussion to give
guidance to the Property Committee. The Council needs to come up with a policy
on these types of lots to make foreclosure and auction decisions.
Brenner stated she wanted to put a restriction on these properties before
they are sold at the foreclosure auction so adjacent property owners might still be
able to buy them. Ensure that these lots are not developed. She was told that the
County would have to purchase the properties first, put the restrictions on them,
and then re -sell the properties. That is not a bad idea.
Barbara Cory, Treasurer, stated she is required to put the properties in a tax
foreclosure sale. The County doesn't hold them. The lots are being held in trust
for all the taxing districts that have taxes against those properties. The County
can put restrictions on the properties if it purchases the properties. The County
can purchase the properties if they are not sold at a foreclosure sale.
(Clerk's Note: End of tape one, side A.)
Cory continued to state she doesn't have a choice but to put them up for
sale at a tax foreclosure sale.
Brenner asked if the County could put in a bid on the property during a tax
foreclosure sale using Conservation Futures money. The Council could put
restrictions on the property, resell the property, and refund the Conservation
Futures fund. Cory stated she could not answer that legal question. The Council
doesn't have to act on these properties tonight. People have made application and
are interested in those lots. There is a conflict of the goals of the Property
Management Committee and the goals of the County Council regarding Sudden
Valley lots. That is something they will need to work on. When people put in an
application for lots, there is nothing that prevents her from processing it. There is
no deadline for decision.
Brenner moved to hold Consent Agenda items two through four in Council
until they have a legal opinion from legal counsel by November 26, 2002.
McShane stated the Council can vote this item down until it develops a
policy, when the applicants can come forward again.
Motion carried unanimously.
Crawford stated he would like clarification on how these foreclosures work,
including the properties being held in trust and the application process. He also
Whatcom County Council, 11/12/2002, 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.
asked Hal Hart and Sylvia Goodwin for information on whether adjoining property
owners would be allowed to increase their amount of impervious surfaces if they
purchased an adjoining lot and consolidated the two lots.
3. RESOLUTION FOR HEARING AND NOTICE OF HEARING ON SALE OF
COUNTY TAX TITLE PROPERTY, REQUEST NO. 03 -02 (AB2002 -379)
See Consent Agenda item two.
4. RESOLUTION FOR HEARING AND NOTICE OF HEARING ON SALE OF
COUNTY TAX TITLE PROPERTY, REQUEST NO. 04 -02 (AB2002 -380)
See Consent Agenda item two.
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
AWARD OF BID #02 -80, THE ANNUAL LIST OF INDIVIDUALS AND
COMPANIES INTERESTED IN RENTING THEIR EQUIPMENT TO THE
COUNTY, IN AN AMOUNT THAT MAY EXCEED $35,000 WITH A
SINGLE VENDOR (AB2002 -381)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
PURCHASE OF FIVE POLICE VEHICLES OFF THE WASHINGTON STATE
CONTRACT, FROM SOUND FORD FOR A TOTAL PURCHASE PRICE OF
$116,312.65 (AB2002 -382)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
COMMERCIAL LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND
CORNWALL CENTER INC. FOR THE PARKING LOT AT 1800 BLOCK,
CORNWALL AVENUE, FOR PARKING LOCATED IN FRONT OF THE
BELLINGHAM SENIOR ACTIVITY CENTER, IN THE TOTAL WHATCOM
COUNTY AMOUNT OF $1,000 AND A TOTAL ANNUAL CONTRACT
AMOUNT OF $9,000 (AB2002 -383)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT AMONG WHATCOM COUNTY, WATER DISTRICT 10, AND
THE CITY OF BELLINGHAM TO PURCHASE 61 SUDDEN VALLEY
PARCELS THROUGH THE 2002 WHATCOM COUNTY TAX
FORECLOSURE AUCTION IN THE COMBINED MINIMUM BID AMOUNT
OF $52,250 WITH WHATCOM COUNTY'S AMOUNT $13,250 (AB2002-
384)
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN WHATCOM COUNTY SUPERIOR COURT AND
NORTHWEST HIDTA FOR RENEWAL OF THE DRUG COURT GRANT IN
THE AMOUNT OF $50,000 (AB2002 -385)
Whatcom County Council, 11/12/2002, 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.
10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
LEAD ENTITY GRANT AMENDMENT BETWEEN WHATCOM COUNTY
AND THE WASHINGTON DEPARTMENT OF FISH AND WILDLIFE FOR
SALMON RECOVERY IN THE AMENDED AMOUNT OF $65,000 FOR A
TOTAL AMENDED AMOUNT OF $130,000 (AB2002 -386)
11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
FIVE -YEAR CONTRACT BETWEEN WHATCOM COUNTY AS
INFORMATION SERVICES AND QWEST CORPORATION FOR THE
COUNTY'S TELEPHONE PABX EQUIPMENT IN THE ANNUAL AMOUNT
OF $66,857.76 (AB2002 -387)
12. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
LEASE BETWEEN WHATCOM COUNTY AS INFORMATION SERVICES
AND JOHN VON KRUSENSTIERN FOR THE PURPOSE OF LEASING
WAREHOUSE SPACE TO STORE COUNTY RECORDS IN THE AMOUNT
OF $17,726.40 PLUS TRIPLE NET (EST. $4,120) (AB2002 -388)
13. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN WHATCOM COUNTY FACILITIES
MANAGEMENT AND SIEMENS BUILDING TECHNOLOGIES FOR
ENERGY IMPROVEMENTS AND UPGRADES TO THE COURTHOUSE
HVAC SYSTEM IN THE AMOUNT OF $133,093.57 (AB2002 -389)
14. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN WHATCOM COUNTY FACILITIES
MANAGEMENT AND SIEMENS BUILDING TECHNOLOGIES FOR
ENERGY IMPROVEMENTS AND UPGRADES TO THE PUBLIC SAFETY
BUILDING HVAC SYSTEM IN THE AMOUNT OF $139,958.17 (AB2002-
390)
15. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN WHATCOM COUNTY PLANNING AND
DEVELOPMENT SERVICES AND ECONORTHWEST TO DEVELOP A
REPORT SUITABLE FOR CONVERSION TO A COUNTY STRATEGIC
PLAN FOR ECONOMIC DEVELOPMENT IN THE AMOUNT OF $25,000
(AB2002 -391)
PUBLIC HEARING
1. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY
CONSERVATION FUTURES PURPOSES IN WHATCOM COUNTY,
WASHINGTON, FOR THE YEAR OF 2003 PURSUANT TO HOME RULE
CHARTER SECTION 6.10 (AB2002 -372)
Whatcom County Council, 11/12/2002, 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.
Nelson opened the public hearing and, hearing no one, closed the public
hearing.
Crawford moved to adopt the ordinance.
Brenner asked about the reason for the wording of the language that states
the assessment will be increased zero percent.
Keith Willnauer, Assessor, stated Referendum 47 requires a resolution and
public hearing specifically on property taxes. One of the requirements it asks for is
to state the amount of increase in terms of dollars and a percentage point over
what was levied the previous year. The wording is specific to the requirement to
preserve its banking capability.
Motion to adopt the ordinance carried unanimously.
2. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY ROAD
PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE YEAR OF
2003 PURSUANT TO HOME RULE CHARTER SECTION 6.10 (AB2002-
373)
Nelson opened the public hearing and, hearing no one, closed the public
hearing.
Caskey- Schreiber moved to adopt the ordinance.
Brenner asked if this amount is above and beyond the cost of the deputies.
Dewey Desler, Deputy Administrator, stated it has to do with law
enforcement. The County is diverting money to cover the cost of traffic law
enforcement. The Sheriff's Office documents those expenses. The money goes
directly and only to the Sheriff's Office. The Sheriff has to annually certify that it is
used only in the Sheriff's Office.
Motion carried unanimously.
3. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND
STATE PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE
YEAR OF 2003 PURSUANT TO HOME RULE CHARTER SECTION 6.10
(AB2002 -374)
Nelson opened the public hearing and, hearing no one, closed the public
hearing.
Dewey Desler, Deputy Administrator, stated there is a substitute ordinance.
Whatcom County Council, 11/12/2002, 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.
Brenner asked that future ordinances reference a "future" exhibit A to make
it less confusing.
Crawford moved to adopt the substitute ordinance.
Motion carried unanimously.
4. ORDINANCE ADOPTING THE 2003 WHATCOM COUNTY UNIFIED FEE
SCHEDULE (AB2002 -371)
Nelson opened the public hearing and the following people spoke:
Richard Emerson, Building Industry Association (BIA) of Whatcom County
Government Affairs Officer, stated a proposed goal of the Economic Chapter of the
Comprehensive Plan says the County will strive for balanced, clear, and predictable
overall policies, practices, and regulations that do not unnecessarily or
inadvertently prevent, confuse, delay, or create costly hurdles restrictive of
effective and desirable economic development. There is a proposed increase in
permit fees for Planning and Development Services Department. He read the fee
increases into the record. The fee schedule is hitting the construction industry
especially hard. When they double the fees in a year, the industry deserves an
explanation and justification.
Hearing no one else, Nelson closed the public hearing.
Hal Hart, Planning and Development Services Director, stated he did a
comparative land use fee analysis. He called several comparable counties to find
information on their fees. Even with these increases, he expects to be at the lower -
middle end of the group of fees. One goal this year was to begin to recoup the cost
of development and process. They've gone from covering 42 to 43 percent of the
total permit review cost to covering 72 to 75 percent of the total permit review
cost.
Brenner asked if they would be better off calculating the amount of work of
the Whatcom County staff rather than comparing with other counties. Hart stated
he did do that, also. That was part of the calculation. There are many fees on the
Unified Fee Schedule that have been held. The Land Use Division fees were hit
hard because the fees were not covering the full cost of review.
Brenner asked if one of the reasons for the increase is because the County
hasn't adjusted its fees in a while, and there are a lot of new requirements. Hart
stated that is definitely one of the reasons.
Nelson stated he recognizes the objective having the fees pay for the
services provided. However, this is a large increase. He asked if they would be
able to prevent this large of an increase in the future. Hart stated he hoped they
would. The building statistics this year have been up 25 to 30 percent.
Whatcom County Council, 11/12/2002, Page 10
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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 asked about the $.50 increase for a lot of things. Hart stated those
were in the Unified Building Code. He tried to make the fees consistent with the
building code.
Crawford stated Shorelines and State Environmental Policy Act (SEPA) fees
seem to have gone up most. He asked if those increases were based on
comparisons to other counties or if SEPA and Shorelines regulations are taking
more time. Hart stated he reviewed fees in six other counties. Whatcom County's
SEPA fee was substantially below other SEPA fees being charged. They are trying
to closely watch the number of minutes of staff time spent on review. By using the
Tidemark system better, he hopes to eliminate certain fees that have been charged
in the past.
Brenner stated she would like to see a chart on fees that have been raised
substantially and the County's costs. Hart stated he would provide information on
the work his office did.
Caskey- Schreiber asked if they are still 25 percent shy of charging the full
cost, so the County is still subsidizing the cost by 25 percent. Hart stated that is
correct.
Crawford stated the cost of the harvest plan went up four or five times what
it was. He asked the reason. Hart stated it is consistent with the State Department
of Natural Resources (DNR) recommendation. Given the nature of those plans, it
has been rough on staff's time. They easily can accumulate numerous calls
instantly in a neighborhood if a landowner has cut all the trees down. The County
ends up defending the process.
Nelson asked if this is the same cost that DNR charges. Hart stated he
thinks it is, but will check with DNR to make sure.
Nelson stated they should not penalize people for doing forestry practices,
which would force them into converting their lands, particularly in the watershed.
Hart agreed.
Crawford stated the fees have increased on a number of things in the Parks
Department and Health Department. He asked why the County doesn't increase
the fees, with the same rationale, in the Sheriff's Office.
Dewey Desler, Deputy Administrator, stated fees are increasingly funding
Whatcom County as it contains tax increases. The Council encouraged the
administration to develop proposals that will increase fees for services whenever
possible. With the Sheriff's Office, one of the largest fee - generating activities is
associated with the jail. In the last couple of years, they've tried to accomplish the
objective of recovering fees for the services. The Sheriff's Office has done that.
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Pete Kremen, County Executive, stated the per diem rate for the Whatcom
County jail four years ago was $37 per day per inmate. Today it is $68 per day per
inmate, which is still below many counties in the state. The County is trying to
recoup the cost of services, which is a policy direction from the County Council. It
is a prudent policy.
Brenner stated fees should reflect the actual costs. She would not like to see
an across - the -board increase. Each department should figure out their costs and
recoup them. Sometimes, the County has an obligation to subsidize costs. She's
pleased they are getting to the point where the County charges closer to what it
costs. This wouldn't have looked as bad if it had been done incrementally. This has
not been easy for Mr. Hart and his staff. Hart stated he is raising the fees to reach
the average of the other similar counties. He is not trying to go higher than that.
McShane stated the only fees that were changed are the fees for the big,
ugly, complicated services. The vast majority of the fees were not changed.
Nelson asked about the significant increase to group picnic rental at
Hovander Homestead Park.
Roger DeSpain, Parks and Recreation Department, stated the fee is for the
new shelter that they just built.
Brenner stated she would like the line items in the fee schedule to be in
numerical order.
McShane moved to adopt the substitute ordinance.
Motion carried unanimously.
5. ORDINANCE AMENDING THE SIX -YEAR CAPITAL IMPROVEMENT
PROGRAM, CAPITAL FACILITIES CHAPTER AND TRANSPORTATION
CHAPTER OF THE WHATCOM COUNTY COMPREHENSIVE PLAN
(AB2002 -084V)
Nelson opened the public hearing and, hearing no one, closed the public
hearing.
McShane moved to adopt the ordinance.
Brenner stated she is concerned about a proposed consolidated services
building. She is concerned that it is something the County is considering.
(Clerk's Note: End of tape one, side 8.)
Brenner continued to state that the price tag of $6 million is too high. By the
time it is built, it will cost more. Revenues are declining. The County needs to
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make due with what it has. She moved to eliminate all references to a consolidated
services building.
Motion failed 1 -6 with Brenner in favor.
Motion to adopt the ordinance carried 6 -1 with Brenner opposed.
6. ORDINANCE ADOPTING THE FINAL 2003 WHATCOM COUNTY BUDGET
AND RESTRICTING THE EXPENDITURE OF CERTAIN FUNDS THEREIN
(AB2002 -370)
Nelson opened the public hearing and the following people spoke:
Judy McCourt, 3495 Robertson Road, Meridian School District Extended
Learning Coordinator, read a letter into the record from the school district's Family
Resource Coordinator regarding the Teen Adventure Program that urged the Council
to continue support of the program (on file).
Jane Win, 4004 Wildwood Drive, stated her daughter attended a Teen
Adventure Program.
Whitney Win, 4004 Wildwood Drive, stated she attended a kayaking trip
through the Teen Adventure Program. She is new to the area, and the trip helped
her settle in. She made new friends. Everyone on the trip looked after and
encouraged everyone else.
Mark Stephens, Juvenile Probation Officer I, stated the Teen Adventure
Program has very good benefits for the kids served in the Juvenile Probation
Department. Many of those kids would not have an opportunity to do those kinds
of activities otherwise. Through the Teen Adventure Program, they are creating a
restorative justice model in the community. One of his clients who participated in
the Teen Adventure Program has learned how to trust and to deal with frustration.
Greg Boos, Economic Development Council (EDC) Secretary /Treasurer,
stated the EDC has been reorganized this last year, which is almost done. They are
interviewing for a new leader. While this process has been going on, the EDC has
continued its efforts to promote and bring businesses into Whatcom County. The
EDC recently sponsored an event in British Columbia for businesses that may want
to open offices here. The EDC will continue to work collaboratively with the
Chamber of Commerce, including the effort to develop a co- location of operations.
Co- locations of organizations directly involved in economic development will lead to
better coordination of efforts, and allow them to more efficiently and effectively
fulfill their respective missions.
Caskey- Schreiber asked if the EDC Board voted against co- locating with the
Chamber of Commerce. Boos stated that issue has not been before the Board. The
Chamber sent over a preliminary memorandum of understanding, but the Board
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1 has not had a meeting. The Chamber and the EDC both have leases currently.
2 One option would be for the Chamber, the EDC, and the Partnership for Sustainable
3 Development to all locate together. Other counties have adopted similar plans.
4
5 Mike Brennan, Whatcom County Chamber of Commerce, stated they had
6 hoped to come forward tonight with an agreement with the EDC to show that there
7 is a strong effort for the co- location process. They are continuing discussion of the
8 possibility of co- location with the EDC and the Chamber. The complexities they
9 have to work through include shared personnel. Those discussions are ongoing.
10
11 He is an advocate of small businesses that are trying to locate in Whatcom
12 County. He requested a contribution of $30,000 from the Council. This year, the
13 Chamber will make well over 600 contacts, which calculates to $12.50 per contact.
14 It's difficult to provide those services and support services for $12.50 per contact.
15 He submitted written testimony of support (on file). There is an ongoing effort for
16 economic development that clearly lays out the proposals.
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18 Teresa Josephson, Lydia Place Executive Director, thanked the Council for its
19 support of Lydia Place. As of 1999, Lydia Place has secured permanent housing for
20 32 families. As of today, 29 of those families remain in permanent housing. They
21 have a wonderful success rate.
22
23 Brad Burdick, Mt. Baker Theater Executive Director, stated he is in favor of
24 the continued support for the Mt. Baker Theater. The money goes toward the
25 education program, which has skyrocketed. They are expecting over 18,000
26 Whatcom County students to come to national touring live performances. In a time
27 when many schools are cutting back on performing arts and activities, this is an
28 affordable way of providing high quality performance and educational opportunities
29 in the performing arts to people around the county. It is available to all schools
30 and home schoolers.
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32 Gordon Rogers, Whatcom Council of Governments, stated the funds from the
33 Council of Governments (COG) budget go to leverage about $150,000 of federal
34 funding each year to help coordinate transportation participation in the community.
35 The money also supports the representation of the County by their lobbyist in
36 Olympia.
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38 Joy Keenan, Whatcom Volunteer Center, provided information on where the
39 County's contribution goes. Sixty -four percent of Whatcom County residents
40 volunteer, compared to forty -four percent nationally. County funding of the
41 Whatcom Volunteer Center makes it easier for people to connect with opportunities.
42 There are now 350 partner agencies that list their volunteer opportunities with the
43 Volunteer Center. The Volunteer Center has an infrastructure to immediately put
44 volunteers in place.
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46 Hearing no one else, Nelson closed the public hearing.
47
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Crawford moved to adopt the substitute ordinance for the 2003 Whatcom
County budget.
Brenner read portions of the budget amendments she presented to the
councilmembers earlier (on file). She moved to amend the 2003 budget to fund the
Assessor's Office request to maintain the Assessor /Treasurer database system in
the amount of $50,000. The Assessor's Office is charged over $100,000 for in-
house maintenance that is not used because the Assessor's office contracts with
CompuTech for most maintenance services. Discontinue the practice of averaging
in -house computer maintenance costs between all departments. We need an
accurate calculation of how much of those in -house services the Assessor actually
uses. Then we need to reduce the amount the Assessor is charged to the actual
amount of service used. The savings to the Assessor's office should offset the
Assessor's request.
She appreciated that the Executive's Office is working with the Assessor's
Office on this. This is an ongoing problem for a number of years. Set the money
aside for next year.
Nelson stated he would like to see more information. The money is always
there because the Council allocates the funds. He would rather make sure they
commit to what they really need.
Brenner stated that if the Council sets the money aside, the administration
will be more cautious about spending the money in other places.
Motion failed 1 -6 with Brenner in favor.
Brenner moved to fund the Assessor's request to contract with ComputTech
in the amount of $50,000 for maintenance and training services related to its
computer system.
Motion failed 1 -6 with Brenner in favor.
Brenner moved to amend the 2003 budget to transfer the Hearing
Examiner's Office to one of the rooms in the County Council Office. According to
attorneys she talked to, there are no conflicts -of- interest or appearance of fairness
problems in making this move. They are not in excellent financial times, so they
are paying for more office space. We have other operations in County government
that must remain independent and are separated by only doors.
Motion failed 1 -6 with Brenner in favor.
Brenner moved to amend the 2003 budget to contract out the position
that was recommended for transfer from the Health and Human Services
Department to District Court Probation to do alcohol assessments. The
accusations from District Court regarding poor performance with private
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agencies are shocking. The County has an obligation to investigate the
charges, some including criminal behavior, before it judges and condemns all
private treatment providers. There are many excellent private providers
Motion to amend failed 1 -6 with Brenner in favor.
Brenner moved to amend the 2003 Budget to eliminate the Deputy
Administrator's position. She read her statement into the record: Whatcom
County currently has a de facto second County Executive. The public did not
elect two County Executives. The charter has no provision for two. Calling
the second executive a deputy does not change the fact that we have two
executives, paid for with public dollars. The Executive has many department
heads to advise him and appear for him in public if he is not available. He
also has a competent clerical and secretarial staff. He doesn't need a second
executive. Whatcom County could better use that money for front -line
services.
Motion to amend failed 1 -6 with Brenner in favor.
Brenner moved to amend the 2003 Whatcom County budget to
eliminate the $50,000 "Executive Miscellaneous Fund." The types of
expenditures in that fund are exactly the types of expenditures the Council
should be scrutinizing and approving as part of our budget process.
Otherwise they appear to be gifts from the Executive, which can have a
political campaign overtone.
This fund is not the same as the Council's expenditures. The travel
fund and expense account are not a part of the Executive's miscellaneous
fund. Councilmembers' expenses are limited to $1,500. It's only for use
when the councilmembers go somewhere to represent the County. The
Executive has a separate fund for those expenses. The County is not
supposed to have discretionary funds to be used unilaterally. More than one
person must scrutinize every public dollar.
Caskey- Schreiber stated the County Executive should be allowed this
fund because people fall in the cracks in the budget process. Some people
miss the funding request window. It's not unreasonable to allow the
Executive to help people when they need help at the appropriate time, and
not on the Council's budget window.
Brenner asked if someone who misses the budget request window
could ask the administration to submit a supplemental budget request.
Dewey Desler, Deputy Administrator, stated someone could, but it
takes six to eight weeks, given the Council's meeting schedule.
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Brenner stated that asking someone to wait six to eight weeks is not
too much to ask.
McShane stated he scrutinized the expenditures over the last three
years. They were wise and prudent. Having that flexibility is good. The
Council should look at how the fund is spent every year to hold the Executive
accountable.
Brenner stated she did not have a problem with any of the Executive's
expenditures. When they use public dollars, there is supposed to be a check
and balance, which there is not. The Executive should have an emergency
fund for true emergencies. That is not what this fund is.
Motion to amend failed 1 -6 with Brenner in favor.
Brenner moved to amend the 2003 Whatcom County budget to
eliminate funding for the Economic Development Council (EDC). The EDC
once took credit for a company locating in Whatcom County when, in reality,
the EDC had little to do with it. The Chamber of Commerce and the Council of
Governments would better provide the service. The EDC has been a waste of
money and has even been counterproductive to County Council positions at
times. The EDC should prove itself before the County Council funds it again.
Caskey- Schreiber stated it seems premature to fund this organization
without more knowledge on its future, its future deliverables, and who the
director will be. There has been overlap and redundancy in the past. It
would be great for the county to have one point of reference for new and
existing businesses.
Nelson stated the EDC charter is to bring the better - paying industries
into Whatcom County. The Chamber represents existing businesses, primarily
in the retail industry.
Caskey- Schreiber asked if the Chamber is involved in recruiting new
businesses. Brennan the EDC purpose is to market the benefits of business
development to present to the outside world. The Chamber works on small
businesses that are not inside the EDC's mission. The Chamber also works
with the businesses as their advocates to support locating them.
Brenner stated the Chamber of Commerce does a lot in terms of
promotion. She has confidence in the Chamber of Commerce, which means
all businesses. Expand the Chamber of Commerce to take in the mission that
the EDC had.
(Clerk's Note: End of tape two, side A.)
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Nelson stated that would be up to the Chamber if they want to take on
that responsibility. The EDC is a separate entity with a separate job from the
Chamber of Commerce. The two roles could be blended, but to be effective
in the community, the identities should be separate. He would like to see
better use of the EDC and the Chamber. If the Council pulls funding,
Whatcom County will have no voice in what the EDC does.
Roy stated the converse is also true. If Whatcom County increases its
funding from $15,000 to $50,000, it ought to have a pretty significant voice
with the EDC and how these agencies relate. Last year, the EDC had 69
contacts, and the Chamber of Commerce had 600 contacts. Even though
they are different types of contacts, she would still like an explanation.
Whatcom County puts a lot of money for economic development into
separate pots. There isn't any coordination, vision, or clear goals and
objectives.
Crawford stated he has been the County Council representative on the
EDC. There has been a change in leadership. There has been a distraction
through that change in leadership based on offers from the Port of
Bellingham. In hindsight, it inhibited the change in leadership as clean as it
should have been. On the other hand, there is a continuing, functioning EDC
in Whatcom County that is reactive to inquiries and proactive in its marketing
of Whatcom County. They need to enthusiastically support the EDC, with the
caution of staying in touch with the EDC this year to find out it's focus, goals,
direction, and coordination with other organizations.
If the Council decides that funding for the EDC is inappropriate, then
the issue of the Whatcom County designated economic development
organization (EDO) needs to be addressed.
Caskey- Schreiber stated she would like more evidence of the EDC
vision and plan. She would prefer that the EDC, Chamber of Commerce, and
the Partnership for a Sustainable Economy come together and work as one.
It would be much stronger for Whatcom County. She moved to hold this
item.
(Clerk's Note: This motion was not voted on.)
Nelson stated he preferred to continue discussion.
Fleetwood stated he has been impressed this week with the expression
of intent to overhaul the EDC. With his support of the funding, he will
require performance.
Brenner stated they are talking about $50,000. This organization has
floundered for years. At budget time, the EDC is saying it is turning over a
new leaf and will do a great job. The County Council is entrusted with public
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money. The EDC should have to prove itself before it gets funded rather
than after.
Nelson stated he has a problem with the $50,000 because this should
be funded in part by private enterprise. If government becomes the primary
funding source, then government drives economic development. The EDC
has accomplished the changes that the Council has requested in the last two
years. He would only support funding for one year, and then return to its
original funding.
McShane stated the County Council hasn't set a policy on what it
wants the EDC to do. He could support the funding if there was a contract
with the EDC or any economic development organization. He's not
comfortable just putting out $50,000. He supports the amendment, but he
would like to revisit this with more specifics. A public hearing will be held on
the economic development chapter of the Comprehensive Plan. That might
help define what needs to be accomplished. He questions whether the
County is the best organization to do economic development in the county.
The best it can do is make sure the infrastructure is there.
Roy stated she supported the idea of bringing all the efforts together.
The Council should set the direction it wants to go. The County provides a
total of $140,000 for economic development.
Nelson stated the EDC board member from Whatcom County is to
represent the County's interest. The County Council should not dictate what
it wants from the EDC from here.
Brenner stated she agreed with Councilmember McShane. The best
economic development efforts for Whatcom County are the County's efforts
to make the permitting process fair and efficient for everyone. She restated
her motion to eliminate funding for the EDC. If the EDC comes back to the
Council with a specific proposal, the Council can look at it.
Motion to amend carried 4 -3 with Crawford, Fleetwood, and Nelson
opposed.
Crawford moved to amend the 2003 Whatcom County budget to
include $15,000 for Economic Development Council funding.
Caskey- Schreiber stated she encouraged the EDC to put together a
viable proposal with deliverables for the County Council.
Brenner stated the Council should not fund the EDC until the EDC
comes back to the Council with a proposal.
Motion carried 5 -2 with Brenner and Roy opposed.
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1
2 Brenner moved to amend the 2003 Whatcom County budget to eliminate
3 funding of $38,000 for the Law and Justice Council. It was supposed to be a body
4 with a beginning (creation of council and appointment of members), middle
5 (investigate issues), and end (make final recommendations). The County Council
6 received final recommendations long ago. A task force can easily do the law and
7 justice fine - tuning. A task force was recently formed when a county administrator
8 did not like a Law and Justice Council recommendation. If there is County Council
9 support to continue with the Law and Justice Council, please do it with volunteers
10 only and without $38,000 for staffing.
11
12 Crawford stated people think this is taking a long time. However, things are
13 being accomplished. The various entities are communicating with one another.
14 The task has been greater than they imagined. Whatcom County has a huge
15 criminal justice system. The County will receive information that will provide data
16 and statistics the Council can use to make important decisions. He does not want
17 to stop this process mid - stream.
18
19 Fleetwood asked what work is left for the Law and Justice Council to do,
20 whether there is an end date, and the implication of ending the funding.
21
22 Dave McEachran, Prosecutor, stated the implication of not funding the Law
23 and Justice Council would be great. It is to look at the law and justice problems the
24 community faces. The jail is the greatest problem they have. The Law and Justice
25 Council is working on a new jail facility. The Law and Justice Council is not
26 designed for the short -term. It is for the entire community to look at and solve
27 criminal justice problems. Before this, there was a close relationship with all the
28 law and justice officials. The Law and Justice Council is broadened to include all the
29 municipalities and many private citizens. By not funding this, the County Council
30 will send a message that it does not appreciate the work and collaboration that has
31 happened. The one Law and Justice Council staff person is working on the
32 management information system (MIS), which allows them to work more
33 effectively. Keep this in the budget.
34
35 Brenner stated she has the most respect for Mr. McEachran and his position.
36 This work could without funding a staff position for an advisory committee. There
37 are plenty of department heads, with which this effort belongs. The County Council
38 just spent hundreds of thousands of dollars on master facilities planning, which
39 should include the jail facility. There are many boards, commission, and councils
40 that don't have paid staffing. It's time to wean the Law and Justice Council from
41 having paid staff. She hoped the Law and Justice Council continued, but without
42 County- funded staff.
43
44 Nelson stated the interdepartmental coordination and communication has
45 revealed many new needs and an increasing awareness of the system
46 interdependence. Work has begun to standardize protocols. Stable funding is
47 needed to continue the process. The County Council doesn't know all the problems
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associated with the criminal justice system. A myriad of community problems are
associated with the criminal justice system. The process should not fail because
the County Council did not make sure there was a collaborative system that the
community can buy into.
Brenner stated people should be willing to serve on the Law and Justice
Council, without funding. They are talking about a staff position for a volunteer
council. The Law and Justice Council members who are County staff should be
collaborating anyway. Most of the other advisory committees don't receive staffing.
Roy stated the Law and Justice Committee has completed all of its charges.
Its mission was clear. The idea of the Law and Justice Council meeting to discover
problems is not what it was supposed to do. Continue the evaluation, which has
another $20,000 already. Implementation comes from the departments, not the
Law and Justice Council. McEachran stated there is implementation for a number of
projects, including the MIS project. Money from the federal government is
earmarked for that project.
Roy asked if there is another layer to this. Desler stated a subcommittee of
the Law and Justice Council is working on the MIS. It hopes to get federal funds to
pay for data integration and MIS component of the plan.
Motion to amend carried 4 -3 with Fleetwood, Nelson, and Crawford opposed.
Brenner moved to amend the 2003 Whatcom County budget to include
funding for the Sean Humphrey Hospice House for $15,000. There is no other
facility in our region that provides all types of necessary and personal services in
one place for people who are near death. Government's first obligation is to those
who are most vulnerable. The Council funded the Sean Humphrey House in 1999
for $18,000 and has not funded it since. There was one -time funding of $5,000
from the Executive's miscellaneous fund since 1999. The County government's
purpose is to deal with those who are the most vulnerable. They need $30,000.
She hoped the City of Bellingham would fund the other half.
Nelson stated the reason why Sean Humphrey House was needed originally
was because medical treatment was not adequate and there was not a very good
HIV /AIDS prognosis. Given the current treatments, he asked if people rotate in and
out of the house and if residents are in remission.
Brenner stated all of the above is true. The Sean Humphrey House is not
just for those who have AIDS. It is for all who have terminal diseases. Many
people will lapse into critical stages of a disease if they don't take their medication.
She's been through the Sean Humphrey House. The service is incredible. The
service saves money for the community in the long run.
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Nelson stated there are many needs in the community, such as facilities for
the homeless and drug addicts. He suggested a coordinated effort of how funding
for these things is done.
Crawford stated that if these types of organizations are going to come
forward and ask for money from the County, there should be a level playing field
that includes an application process so the Council can consider this in a holistic
fashion.
Roy asked if the County Council could donate money to charitable
organizations without buying services. Desler stated the County traditionally
buys services that relate to something that it is required to do under State
law.
Brenner stated the County Council is authorized under State law to
fund the Sean Humphrey House. It has done so in the past. There will
always be more needs than dollars. The clients at the Sean Humphrey House
have substance abuse problems and more. This is one of the areas that asks
for so little to provide so much.
Motion to amend failed 4 -3 with Brenner, Fleetwood, and Caskey-
Schreiber in favor.
Brenner moved to amend the 2003 Whatcom County budget to
reinstate the crisis management services and the ongoing support program
for managing juveniles with behavioral mental health issues that was
provided by Northwest Care Advocates (NWCA). The Law and Justice Council
recommended the NWCA programs in the first place because county
designated mental health providers (CDMHPs) were unable to adequately
fulfill those obligations. The County has liability for a lack of adequate
services. There had been ongoing legitimate complaints about the CDMHPs.
There have been no complaints about the programs provided by NWCA.
There have been accolades for the program. The difference in the cost
between reinstating these praised programs and using the ones
recommended by Juvenile Detention is minimal, but the consequences of not
providing adequate services to mentally ill juveniles in detention are
enormous. What the Juvenile Detention Division proposes is almost the
same as what the NWCA program looked like. It creates a new position in
County government that will directly compete with these programs that were
contracted out. One person will get burnout doing all the things that the
contracted out program with three providers provided.
Caskey- Schreiber stated she likes NWCA, but does not believe in
micromanaging staff.
(Clerk's Note: End of tape two, side B.)
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Brenner stated this is a time when the County should not create new County
positions. When contracted out, this service works. The County should create
positions when the private sector can't provide the service or if there is an
appearance problem.
Motion to amend failed 1 -6 with Brenner in favor.
Brenner moved to amend the 2003 Whatcom County budget to require a
performance audit of the learning programs in Juvenile Detention before
determining future funding. The budget contains references to performance
measures but she hasn't seen any performance measures for the educational
element. Benchmarks could include calculations as to how many teens are
graduating from the GED program and how many are advancing at all. She has
received several comments that the class programs are "glorified babysitting"
services. She questioned the percentage and numbers of these juveniles that are
getting high school equivalencies.
Motion to amend failed 1 -6 with Brenner in favor.
Brenner moved to amend the 2003 Whatcom County budget to contract out
the Behavioral Health Project. There are many qualified private professionals who
could provide excellent service. We should not be adding a County position that
can be well handled by the private sector. This project reminded her of the service
that was excellently provided by Northwest Care Advocates and was heavily lobbied
against by the Juvenile Court Administrator. She questioned what the qualifications
for the "professional employee" will be in this position and whether it will require
the employee to have a master's degree in psychology or a related field. When this
was contracted out, there were three persons performing the functions. She
questioned how one person would handle that many juveniles without massive
burnout while still providing the needed level of service.
Nelson stated he won't support the motion, but has concerns, and will watch
this service. He hoped they've resolved the problem.
Motion to amend failed 1 -6 with Brenner in favor.
(Clerk's Note: The Council took a ten - minute break at 10:00 p.m.)
Caskey- Schreiber moved to amend to fully fund the solid waste trash pickup
for the Parks Department at a cost of $1,100.
Brenner asked if full funding would be for all public property or just park
property. Desler stated that cost would just serve park property.
Brenner proposed a friendly amendment that the full funding also pay for
trash pickup at any public property.
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Caskey- Schreiber did not accept the friendly amendment.
Desler stated the funds are for any properties under the responsibility of the
Parks and Recreation Department. The Executive would support an effort to fund
trash pickup in the County parks.
Motion to amend carried 6 -1 with Crawford opposed.
Brenner moved to amend the 2003 Whatcom County budget to eliminate the
Teen Adventure Program and grant the $17,243, which is the cost of supplies,
services, and charges from the Teen Adventure Program, to the Whatcom County
Boys and Girls Club. The original budget for the program in 1999 was $32,897.
Today the budget is $73,736. Of that money, $56,493 is for one position. When
we have private agencies that do an excellent job performing the same function,
government has no business creating jobs that directly compete with the private
sector. She made her concerns known when they first created this program. She
was assured it would not keep growing in cost. The cost has more than doubled in
four years. Most of the cost is for one county position. In the last three years,
there have been 158 participants. In the last three years, that program has cost
this County $188,961.
Motion to amend failed 1 -6 with Brenner in favor.
Brenner moved to amend the 2003 Whatcom County budget to add another
enforcement position in the Planning and Development Services Department. The
most complaints she gets are about lack of enforcement.
Motion to amend failed 1 -6 with Brenner in favor.
Brenner moved to amend the 2003 Whatcom County budget to eliminate the
position of solid waste specialist. The Council majority recently voted to spend
$40,000 to contract out a recycling needs assessment. That would have never been
contracted out if we had a qualified solid waste specialist on staff. When she
originally brought this issue to the Council's attention, she contacted other
applicants who had applied for the job. One of the applicants had many
qualifications and had been the solid waste specialist for years in another
community and had done recycling needs assessments. Another applicant had
years of experience working for a local solid waste reduction /recycling agency. The
person the County hired had little solid waste experience and no extensive
qualifications for the job. Until or unless we have a qualified person as solid waste
specialist, we should not be funding the position.
Motion to amend failed 1 -6 with Brenner in favor.
Brenner moved to amend the 2003 Whatcom County budget to fund
the necessary maintenance for the Assessor /Treasurer database in the
Whatcom County Council, 11/12/2002, Page 24
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Treasurer's office for $50,000 for the same reasons as the need in the
Assessor's office.
Motion to amend failed 1 -6 with Brenner in favor.
Caskey- Schreiber asked about funding the digital cameras for the Planning
Department. Desler stated the administration has worked with the management
staff at the Planning and Development Services Department this week and found
that the department has the funding in the 2002 budget to acquire that equipment.
Caskey- Schreiber asked if that expense would take away from something
else. Desler stated the department determined that it has some excess funds,
which would have lapsed to the end of the year. The Executive authorized a budget
transfer for that purpose.
Brenner moved to amend the 2003 Whatcom County budget to fund the
County Council Office in the amount of $1,200 to have a Council retreat to work on
skills with each other in order to be more efficient.
Motion failed 2 -5 with Brenner and Roy in favor.
Nelson asked that the administration use the Treasurer's Office staff to
provide quarterly reports on revenues, including reserve fund interest earnings.
Desler stated that would occur.
Roy moved that the Planning and Development Services Purchase of
Development Rights (PDR) /Transfer of Development Rights (TDR) staff person be a
permanent full -time equivalent (FTE) employee staff position.
Nelson stated this is an important position, but they should have the
program evaluation complete before the County makes the staff person permanent.
Roy stated the Planning Department needs certainty. There are already
applications for the PDR program. This is not going to be a year -by -year program.
Nelson stated that once the County creates a permanent position, it is
difficult to get rid of that position.
Fleetwood asked why the position was considered temporary, since the
program will be permanent. Desler stated that the administration sets up new
programs and positions so that the performance can be evaluated after a year.
They can modify the position so there is a quarterly progress report to the Council
so people can feel confident about the position.
Pete Kremen, County Executive, stated that as they go about the recruiting
process, the stellar candidates are more discerning about accepting a position when
offered. The permanency or longevity of the position is a factor. If the County can
Whatcom County Council, 11/12/2002, Page 25
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build in the accountability, establishing the position as permanent will work. He
agreed with Councilmember Roy's amendment.
Motion carried 5 -2 with Crawford and Nelson opposed.
Nelson thanked Mr. Desler, the Executive, and departmental staff for all the
effort put forward on the 2003 budget.
Brenner thanked the County Council staff for their efforts.
Motion to adopt the substitute 2003 Whatcom County budget ordinance as
amended carried 6 -1 with Brenner opposed.
Crawford moved to write a letter to Alcoa Intalco to thank them for
contributing $428,000 to the 2003 Whatcom County budget.
Kremen stated that the administration would produce a plaque for the
company.
McShane questioned the percentage that the property taxes would have been
raised to raise that amount of money. That would be an interesting comparison.
Kremen stated a one percent raise would generate approximately $175,000.
Whatcom County will get a total of about $900,000. Alcoa is also distributing a
total of $1.75 million for two years.
Motion carried unanimously.
Kremen stated he appreciated the successful completion of the budget
process. The County Council and administration worked collaboratively on the
budget process, which began in late June. The fact that the amendments tonight
totaled only $75,000 out of a $54 million budget is a testimonial to the success of
the collaboration. He thanked everyone who helped to put this document in order.
OTHER ITEMS
1. RESOLUTION AUTHORIZING THE SALE OF SURPLUS PROPERTY AND
SETTING A DATE FOR PUBLIC HEARING THEREON PURSUANT TO WCC
1.10 (AB2002 -355)
Crawford reported for the Finance and Administrative Services Committee
and moved that the mobile home be dismantled and recycled by the Parks
Department instead of sold. The cost would be less than the cost to haul the
mobile home to a recycler. The Fire Marshal's estimate of the cost of repairs to
bring the mobile home into working condition is $3,000 to $5,000 above the
purchase cost. It is unlikely anyone will have the incentive to bring it into working
condition.
Whatcom County Council, 11/12/2002, Page 26
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Nelson asked about the cost to the Parks Department to dismantle the
mobile home.
Roger DeSpain, Parks and Recreation Department Director, stated the only
cost would be for those things that they couldn't recycle. If the cost is over $3,000,
he will come back to the County Council for a supplemental budget request.
Motion carried unanimously.
2. RESOLUTION SETTING HEARING AND NOTICE OF HEARING ON
PROPOSED CREATION OF A POINT ROBERTS SPECIAL RECREATION
SERVICE AREA (AB2002 -351)
Brenner reported for the Public Works and Capital Projects Committee and
stated there is a substitute resolution requesting additional information on
the proposed creation of a Point Roberts Special Recreation Service Area
(AB2002- 351A). She read the substitute resolution into the record and moved its
approval.
Motion carried unanimously.
3. CONSIDERATION OF AN APPEAL OF THE HEARING EXAMINER'S
DECISION ON APL2000 -0011, FILED BY VICTORIA LUHRS,
REGARDING CONSTRUCTION OF STRUCTURES AND A BULKHEAD ON
SHORELINE PROPERTY ON LUMMI ISLAND (AB2002 -384)
See Announcements.
4. CONSIDERATION OF AN APPEAL OF THE HEARING EXAMINER'S
DECISION ON APL2000 -0011, FILED BY WHATCOM COUNTY
PLANNING AND DEVELOPMENT SERVICES - LAND USE DIVISION,
REGARDING CONSTRUCTION OF STRUCTURES AND A BULKHEAD ON
SHORELINE PROPERTY ON LUMMI ISLAND (AB2002 -384A)
See Announcements.
DISCUSSION OF PROPOSED COMPREHENSIVE PLAN AMENDMENTS
3. PROPOSED WHATCOM COUNTY COMPREHENSIVE PLAN AND ZONING
AMENDMENT TO EXPAND A MINERAL RESOURCE LAND DESIGNATION
ALONG H STREET ROAD EAST OF BLAINE (JORDAN SITE) (AB2002-
084N)
Whatcom County Council, 11/12/2002, Page 27
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Roy reported for the Natural Resources Committee and stated the committee
recommends approval of the amendment. She moved to send it to the concurrency
hearing.
McShane stated he would abstain from voting because he brought this
forward as a councilmember on behalf of the applicant. He will take a position if
there is a tie vote.
Fleetwood stated he supported the proposal even though he had some
concerns about it. The area meets the designated criteria. One of the implications
of the designated criteria is that they are open- ended. He looks forward to
addressing policies relating to designation of mineral resource lands.
Motion carried 6 -0 with McShane abstaining.
4. ORDINANCE AMENDING THE TRANSPORTATION CHAPTER OF THE
WHATCOM COUNTY COMPREHENSIVE PLAN (AB2002 -084R)
McShane reported for the Planning and Development Committee and stated
this item comes forward with no changes from the committee. He moved to
forward this item to the concurrency hearing.
Motion carried unanimously.
S. ORDINANCE AMENDING THE ECONOMICS CHAPTER OF THE
WHATCOM COUNTY COMPREHENSIVE PLAN (AB2002 -084S)
McShane reported for the Planning and Development Committee and stated
the committee made several changes. He moved to schedule a public hearing on
the version as amended by the committee.
Motion carried unanimously.
6. ORDINANCE AMENDING THE RECREATION AND DESIGN CHAPTERS
OF THE WHATCOM COUNTY COMPREHENSIVE PLAN (AB2002 -084U)
McShane reported for the Planning and Development Committee and stated
the committee amended this item to include the recommendations from the
Bicycle /Pedestrian Advisory Committee to include trails. He moved to schedule a
public hearing on the version as amended by the committee.
Motion carried unanimously.
INTRODUCTION ITEMS
Crawford moved to accept the Introduction Items.
Whatcom County Council, 11/12/2002, Page 28
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Dana Brown - Davis, Clerk of the Council, stated Introduction Items one and
two should be withdrawn. In addition, there are three addenda items.
Motion carried unanimously.
1. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY
SURPLUS PROPERTY PURSUANT TO WCC 1.10 (AB2002 -355A)
This item was withdrawn.
2. RESOLUTION SETTING AN ELECTION DATE FOR THE PROPOSED
POINT ROBERTS SPECIAL RECREATION SERVICE AREA (AB2002-
351A)
This item was withdrawn.
3. APPLICATION TO REZONE APPROXIMATELY 12.3 ACRES FROM RURAL
ONE DWELLING /TEN ACRES (R10A) TO RURAL ONE DWELLING /FIVE
ACRES (RSA) AT 8443 KICKERVILLE ROAD (AB2002 -392)
4. RESOLUTION AUTHORIZING THE SALE OF A PORTION OF COUNTY
OWNED PROPERTY (AB2002 -377A)
S. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY, REQUEST NO.
02 -02 (AB2002 -378A)
6. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY, REQUEST NO.
03 -02 (AB2002 -379A)
7. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY, REQUEST NO.
04 -02 (AB2002 -380A)
8. ORDINANCE AMENDING ORDINANCE 99 -053 AUTHORIZING EXCESS
CASH IN CERTAIN FUNDS TO BENEFIT THE SAME (AB2002 -393)
9. ORDINANCE AMENDING WHATCOM COUNTY CODE 16.20, WHATCOM
COUNTY SHELLFISH PROTECTION DISTRICT (AB2002 -394)
10. ORDINANCE AMENDING THE 2002 WHATCOM COUNTY BUDGET, 11TH
REQUEST) (AB2002 -395)
11. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY
COMPREHENSIVE PLAN MAP FROM LONG TERM PLANNING AREA
(LTPA) TO SHORT TERM PLANNING AREA (STPA) FOR 90 ACRES IN
THE BIRCH BAY URBAN GROWTH AREA (2002 -396)
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12. RESOLUTION EXTENDING THE CURRENT WHATCOM COUNTY FLOOD
CONTROL ZONE DISTRICT (WCFZD) FUNDING MECHANISM (AB2002-
397)
13. RESOLUTION EXTENDING THE CURRENT WHATCOM COUNTY FLOOD
CONTROL ZONE DISTRICT (WCFCZD) FUNDING MECHANISM AND
LEVELS, ACME /VAN ZANDT SUBZONE (AB2002 -398)
14. RESOLUTION EXTENDING THE CURRENT WHATCOM COUNTY FLOOD
CONTROL ZONE DISTRICT (WCFCZD) FUNDING MECHANISM AND
LEVELS, SUMAS/NOOKSACK/EVERSON SUBZONE (AB2002 -399)
15. RESOLUTION EXTENDING THE CURRENT WHATCOM COUNTY FLOOD
CONTROL ZONE DISTRICT (WCFCZD) FUNDING MECHANISM AND
LEVELS, LYNDEN /EVERSON SUBZONE (AB2002 -400)
ADDENDUM ITEMS:
16. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE
PLAN TO EXPAND A MINERAL RESOURCE LAND DESIGNATION NEAR
MINAKER ROAD, SOUTH OF SUMAS (BENNER SITE) (AB2002 -084L)
17. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE
PLAN TO EXPAND A MINERAL RESOURCE LAND DESIGNATION NEAR
TELEGRAPH AND MINAKER ROAD, SOUTH OF SUMAS (KILLAM SITE)
(AB2002 -084M)
18. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE
PLAN AND ZONING DESIGNATION TO EXPAND A MINERAL RESOURCE
LAND DESIGNATION ALONG H STREET ROAD, EAST OF BLAINE
(JORDAN SITE) (AB2002 -084N)
OTHER BUSINESS
There was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
There were no reports.
ADJOURN
The meeting adjourned at 10:53 p.m.
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Jill Nixon, Minutes Transcription
These minutes were approved by Council on December 10 , 2002.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Council Chair
Whatcom County Council, 11/12/2002, Page 31