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WHATCOM COUNTY COUNCIL
Regular County Council
April 20, 1999
The meeting was called to order at 7:00 p.m. by Council Chair Marlene Dawson in the
Council Committee Room, 311 Grand Avenue, Bellingham, Washington.
Also Present: Absent:
Kathy Sutter None
L. Ward Nelson
Connie Hoag
Barbara Brenner
Tom Brown
Robert Imhof
ANNOUNCEMENTS
Dawson announced that, during Committee of the Whole, there was an Update from
Whatcom County Water Resource Planner Sue Blake on Lake Whatcom Management and
discussion of the resolution adopting the 1999 Lake Whatcom Management Program
(AB99 -056) and Discussion regarding official retention of Planning Commission records
(AB99 -146).
Dawson also announced that an executive session was held in which there was Council
consideration of an appeal of the Hearing Examiner's decision on file number. CUP98-
0038. The request is to construct a 20,000 square foot building to be used in agricultural
production. The appeal was filed by Lesa Starkenburg - Kroontje for Dari -Tech (AB99 -
093).
Hoag moved to uphold the Hearing Examiner with additional findings.
Imhof stated that he will remove himself from the vote because he is erroneously listed as
a party to the record.
Motion carried 6 -0 with Imhof abstaining.
SPECIAL PRESENTATION
1. SPECIAL PRESENTATION AND RESOLUTION IN SUPPORT OF THE STAR
TASK FORCE AND ITS WHATCOM COUNTY DRUG FREE YOUTH PROGRAM
(AB99 -145)
Jim DeGolier, STAR Task Force Executive Director, introduced the Board President Paul
Herbold. STAR stands for Straight Talk About Responsibility. He gave background
Regular County Council, 4/20/99, Page 1
I information about the STAR Task Force They deal with the issue of teen substance abuse in
2 Whatcom County, because teens face a large amount of pressure due to the culture, peer
3 attitudes, group pressure, fear of social rejection, and no visible drug free role models. Teens
4 have stated that they face much pressure and many problems regarding substance abuse. As a
5 result, they deal with a huge array of problems that are life - altering or life- ending. The Task
6 Force has been working with law enforcement. The STAR Task Force introduced the Whatcom
7 County Drug Free Youth program to recognize those youth already drug free. The youth need to
8 see the benefit of making the commitment to be drug free. They need to create value and support
9 for that decision and identify groups that the teens can identify with. The program provides them
10 with an opportunity to provide leadership and peer group influence. Substance abuse is
11 occurring in the minority of teens, less than 30% uses on a regular basis. That means 70% of the
12 teen population is a silent majority that doesn't feel they have a voice or can make the
13 commitment to be drug free. The Task Force will provide recognition and incentive through
14 merchant discounts and drug free events. They will also create accountability through the use of
15 voluntary drug testing to get into the program initially and then randomly.
16
17 The Task Force has a support structure, including an Advisory Board, merchants, and
18 laboratories. The Advisory Board recruits members and promotes the program, solicits merchant
19 support, plans the events, manages member participation, and reports to the STAR Task Force.
20 Merchants make the program work. The whole purpose of getting into the program is that the
21 merchants will offer discounts on merchandise and services. There are 42 merchants currently
22 supporting the program. The teen program member will have a card to present to the merchant
23 that can be used year- around. Merchants also provide support and sponsorship for drug free
24 events. The program wouldn't work without the accountability of the testing. SmithKline
25 Beecham will provide the collection support, analysis, and recording of test results to a medical
26 officer. Positive results are reported to a medical doctor. The Task Force delivers the program
27 through the schools, but results are confidential to teen members and their parents. Parents are
28 told the results of the tests.
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30 The tests look for five drugs: alcohol, marijuana, amphetamines, cocaine, and opiates.
31 The predominant drugs of choice are now marijuana and alcohol. The Task Force is zeroing in
32 on those drugs. For practical purposes, the test will not show alcohol unless the teen shows up
33 directly after drinking. However, they are sending a message that they include alcohol as a drug.
34 The members are expected to abstain from drinking while in the program.
35
36 They want teens in the program that are between grades 7 and 12. Currently, it is a high
37 school program. Next year, they plan to include middle school students. That is where they will
38 get the impact. Any student, whether clean or a former user, can join. Currently schools districts
39 that are carrying the program include Bellingham, Meridian, Blaine, and Nooksack Valley. They
40 are working with the other school districts to begin the program in the remaining schools. The
41 promotion strategy includes getting the teens to promote the program, put out posters, and
42 distribute brochures. The have to return a completed form with a parent's signature. Any teen
43 can join for $5.50 per year. The identification (I.D.) card picture is verification that the person
44 belongs to the program. The teen would take the initial drug test, then issue the card is issued.
45
Regular County Council, 4/20/99, Page 2
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The resolution before the Council is an expression of support, and to encourage
community leaders to support the program.
Brown asked for a list of the merchants who are participating. DeGolier stated that he
will provide that information.
Brenner asked when they plan to have the rest of the school districts on board. DeGolier
stated that it is logistical. They are asking schools to provide administrative support and allow
the Task Force to come on school grounds for collections. Some of the districts have not given
that support. They've been in contact with every district.
Brenner asked how much administrative support is needed and how long ago they were
approached. DeGolier stated they have talked with Lynden in the fall, but Lynden wants to
parlay the program the same time as Lynden Christian, so it is community driven. Mt. Baker is
discussing the collection issue. In Ferndale, the person they worked with last year left the
position and they are working with a new person.
Brenner asked for clarification that there are no drug free role models. DeGolier stated
that their aren't any peer role models.
Hoag asked when Lynden Christian would come on board. DeGolier hoped to bring them
on next fall.
Hoag asked if there would be advertising to recognize participating merchants. DeGolier
stated that they will do a year -end recognition at a dance. They are looking at advertising in the
Bellingham Herald.
Nelson moved approval of the resolution.
Brenner asked if they are doing youth programs for kids in the school districts that are not
yet on board and also home schooled kids. DeGolier stated they have already worked with
individuals who come in for an application. A teen doesn't have to be in the school district.
Brenner stated that she used to be on the Star Task Force and supports it.
Dawson read the resolution into the record.
Motion carried unanimously.
2. PRESENTATION BY WHATCOM COUNTY EXECUTIVE PETE KREMEN IN
HONOR OF CATHARINE C. "KITTY" STIMPSON (AB99 -017)
Pete Kremen, County Executive, complimented the Star Task Force. He was an original
Task Force member.
Regular County Council, 4/20/99, Page 3
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This is national volunteer week. Stimpson has been the ultimate volunteer in the
community. Bellingham and Whatcom County jointly issued a proclamation, which he read into
the record. He introduced Marge Laidlaw and Jean Gorton.
Gorton announced that they are starting a scholarship with the Whatcom Community
College Foundation. She encouraged journalism students to take advantage of the information
and write an article about Kitty Stimpson.
APPROVAL OF MINUTES
APPROVAL OF MINUTES FOR THE FOLLOWING MEETINGS: COMMITTEE OF
THE WHOLE — MARCH 9 AND 23,1999; COUNCIL — MARCH 9 AND 23, 1999
Imhof moved to approve.
Motion carried unanimously.
Dawson stated that there is an amendment that needed to be done to minutes that were
previously approved.
Inhof moved to amend the approved minutes of the December 8, 1998 Council meeting
as follows: Page 30, line 5, amend the amount in the item title from $3,335,000 to $3,360,000.
Motion carried unanimously.
Imhof moved to rescind the motion passed at the April 6 Council meeting, which
amended the ordinance amending the 1999 Budget, Request #2, by increasing the amount
appropriated to the Health Department from the Bellingham Housing Authority from $52,383 to
$62,680. The amendment was not necessary and the ordinance was correct as presented in the
April 6 Council packet. (AB99 -123)
Motion carried unanimously.
OPEN SESSION
No one spoke.
CONSENT AGENDA
Nelson reported for Finance and Administrative Services Committee and moved approval
of items one through four with a change to item #3, to a correct amount of $96,780.
Motion carried unanimously.
Regular County Council, 4/20/99, Page 4
2 1. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO. 998008/998009
3 AND THE AWARD OF CONTRACT FOR THE RECONSTRUCTION OF TYEE
4 DRIVE /APA ROAD AND POINT ROBERTS SHOULDER WIDENING TO FRIBERG
5 CONSTRUCTION INC. AS THE LOWEST RESPONSIVE BIDDER, IN THE
6 AMOUNT OF $737,816 (AB99 -149)
7
8 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
9 AGREEMENT WITH THE DEPARTMENT OF ECOLOGY TO PROVIDE FOR
10 ADOPT -A -ROAD AND JUVENILE OFFENDER LITTER AND ILLEGAL
11 DUMPSITE CLEANUP PROGRAMS, IN THE AMOUNT OF $32,000 (AB99 -150)
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13 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
14 CONTRACT BETWEEN THE WHATCOM COUNTY HEALTH AND HUMAN
15 SERVICES DEPARTMENT AND CCG TECHNOLOGIES, INC. FOR THE
16 IMPLEMENTATION AND SUPPORT OF THE ACCLAIM SOFTWARE PATIENT
17 TRACKING AND BILLING SYSTEM, IN THE AMOUNT OF $72,780 (AB99 -151)
18
19 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
20 PURCHASE OF THREE SPECIAL PURPOSE VEHICLES TO BE USED BY THE
21 WHATCOM COUNTY SHERIFF'S OFFICE, DESIGNATING THE VENDOR AND
22 AN AMOUNT NOT TO EXCEED $92,204.57
23 (AB99 -152)
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25 PUBLIC HEARING
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27 1. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS
28 PROPERTY PURSUANT TO WHATCOM COUNTY CODE 1.10 (AB99 -133A)
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30 Dave Wareing, Deputy Administrator, gave a staff report and recommended the materials
31 be disposed of They are worn out.
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33 Dawson opened the public hearing and, hearing no one, closed the public hearing.
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35 Imhof moved approval.
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37 Motion carried unanimously.
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39 OTHER ITEMS
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41 1. REQUEST AUTHORIZATION FOR PAYMENT OF COUNCIL MEMBER
42 TRAVEL/EXPENSES (AB99 -022D)
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44 Nelson reported for Finance and Administrative Services Committee and stated that
45 Dawson's request was withdrawn. He moved to approve the remaining requests from Brenner in
46 the amount of $27.50 and Hoag in the amount of $3.20.
47
Regular County Council, 4/20/99, Page 5
I Motion carried unanimously.
2
3 2. ORDINANCE AMENDING THE WHATCOM COUNTY CHARTER, TO BE
4 SUBMITTED TO THE PEOPLE, REGARDING THE LEGISLATIVE BRANCH OF
5 GOVERNMENT (AB99 -090)
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7 Nelson reported for Finance and Administrative Services Committee and stated that the
8 committee presented several ideas.
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10 Imhof stated that he has three amendments: 1. Increase Council salary as of 1/1/2000 to
11 30% of the Executive's salary, as an interim increase or to carry over until a full time council. 2.
12 Increase the Council to full time. In 2001, the seats held by Dawson, Nelson, Hoag, and Imhof
13 would become two at -large positions. In 2003, the remaining seats would be elected, and on
14 January 1, 2004, the Council would become full time. 3. Delete the executive's position and
15 create an appointed administrator position. There was discussion about putting it off until next
16 year. It does not affect the Council members who would be running this year. Each option is a
17 stand -alone piece. His suggestion would be to handle the choices one at a time.
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19 Imhof moved to bring the original ordinance back from the table.
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21 There was discussion about parliamentary procedure.
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23 Nelson questioned whether item #3 would be in addition to the full time, five- member
24 Council, effective 2004. These are not stand - alone. Items #2 and #3 go together.
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26 Dawson stated that the Council would move ahead with Other Item #3 until the correct
27 parliamentary procedure could be determined.
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29 (Clerk's Note: The following is a continuation of the discussion, which was delayed
30 earlier.)
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32 Imhof stated that this was held in committee two weeks ago, not tabled, and the
33 committee brought it back on the floor earlier today.
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35 Sutter moved approval of the ordinance to allow it to be discussed.
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37 Hoag stated that several of the Council members have stated they will not entertain the
38 idea unless there was the alternative of having an appointed manager under the Council. Those
39 two items need to be connected when going forward. At this point, she was not opposed to the
40 first proposal going forward. The other two are more appropriate for next year's election. She
41 liked the idea of reducing the Council members from four to two during the 2001 election cycle.
42 At that point, it would be a five - member Council and it would need to go full time. If this is
43 voted on in the next election, when there are no Council members running, then in 2001
44 everyone would know what their term and pay would be.
45
Regular County Council, 4/20/99, Page 6
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Imhof stated that more County issues will be on the ballot this year. Next year is a
federal election and there will be more federal issues. To do it justice, it should be addressed this
year when the focus is on the County.
Hoag stated that, in the middle of his proposed process, there will be five full time
Council members who will not be paid on a full time basis. They need to be paid full time.
Imhof stated that they can amend it so that, as of January 1, 2002, all five positions
become full -time.
Sutter stated that, if the change is made in the middle of the cycle, people elected this
year for a part-time position would change to full -time. If it was a full time position, candidates
may have different considerations about running.
Imhof stated that the full time positions would start in 2004 after everyone has gone
through the cycle, so people don't have split terms. Five people could cover Council business
half time and do a good job.
Brenner stated that it is ridiculous to say that there is too much work for seven part time
Council members, but the work is okay for five part time positions. It wasn't long ago there was
a Charter Review Commission that went through this process. This is out of order and it doesn't
serve the public purpose to tinker with the Home Rule Charter. It needs to be done through a
charter review commission process.
Nelson stated that he was opposed to the term limit.
He moved to amend the language to remove the term limits.
Dawson asked for a straw vote to see how many Council members are interested in
addressing the issue.
Imhof stated that the Charter Review Commission was too political. The workload for
the Council members is too much. They are the only part-time Council in the State. When the
people aren't represented at various state issues, then they are not being well served.
Sutter stated that the debate should be carried out in a campaign. They are not tinkering
with anything. They are giving the voters in the County the right to decide what legislation they
want. Term limits were included in the proposal because of a concern of professional politicians
taking over the Council. The issue of the Executive would need to be brought forward
separately. She didn't understand why other Council members won't allow the public to make
the decision. Unless this is approved as a ballot measure, the debate won't take place.
Brown stated that he proposed this twice in the past. The support wasn't there. There
aren't enough votes to send this ahead, so he didn't work on the measure. He would support a
measure in the year 2000.
Regular County Council, 4/20/99, Page 7
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Hoag moved to amend to put it on the ballot in the year 2000. The idea of a full time
Council has merit, but the timing of putting it on the ballot this year is wrong.
Motion to amend to eliminate term limits carried 5 -2 with Sutter and Brown opposed.
Brenner stated that she didn't work on this because she believed it wouldn't come up
unless there were the votes. Also, there should be a consolidation of executive and elected
branches. An appointed manager is not the same as a consolidation, which would be without the
appointed manager and would be more like a commission. This should be worked on for the
ballot in the year 2000.
Sutter stated that the concern about an alternate proposal doesn't have to be tied to these
proposals. Council Member Brenner can bring forward any proposal at least 90 days before the
election. The issues should be clear, clean, and simple for the people.
Brown stated that should be on the ballot in 2000, but they must work out details in the
meantime.
Brenner moved to refer to Finance Committee to be worked on.
Motion carried 4 -3 with Imhof, Sutter, and Nelson opposed.
(Clerk's Note: Council moved to the Introduction Items)
3. DISCUSSION REGARDING CONSTRUCTION OF VESTIBULE AT THE
COURTHOUSE SOUTH ENTRANCE (AB99 -128)
Nelson reported for Finance and Administrative Services Committee and stated that there
is an alternative plan #lA that was brought forward by administration. As an addition to the plan
#I A, the administration recommended doors to the east and the south, which the committee
unanimously approved.
Nelson so moved.
Hoag asked if the option allows installation of security.
Nelson stated that they could that at a later time. They would have to modify the
vestibule to do that. Currently, the elevator location is a more likely place for security.
Sutter questioned whether they could install sliding doors.
Dave Wareing, Deputy Administrator, stated that they will look at that, but generally,
they will not solve the problem. The winds will push them off of the rail. He didn't believe it
would cost as much as what they are requesting.
Regular County Council, 4/20/99, Page 8
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Hoag asked about future security options. Wareing stated only option #3 would allow
adequate space. At this point, it would be just as effective to meet the needs of the courts to put
security at the elevator. There is extra space to the north of the elevator bank. Option #lA does
not have a provision for security. For security in the future at this end of the building,
administration would have to pour a cement pad, open up one side of the vestibule, and create
additional space for security.
Hoag stated that she was concerned about doing one option now and another option down
the road. Wareing stated that is anticipating that there is no security at the two primary
entrances, but instead at the elevator. If the Council wants security on the primary entrances,
then it would be wise to build a vestibule now that would house security in the future. That
would be about $75,000.
Motion carried 6 -1 with Hoag opposed.
4. ORDINANCE TO RECLASSIFY THE SOLID WASTE FUND FROM AN
ENTERPRISE FUND TO A SPECIAL REVENUE FUND (AB99 -138)
Nelson reported for Finance and Administrative Services Committee and moved
approval.
Motion carried unanimously.
5. DISCUSSION ON THE COUNTY -WIDE GAMBLING TAX (AB99 -148)
Nelson reported for Finance and Administrative Services Committee.
(Clerks Note: End of tape one, side A)
Nelson continued to state that the unanimous recommendation was to collect the tax from
all of the establishments based on the net receipts at a rate of 5 %, effective January 1, 2000.
Brenner moved to amend the rate to 3% of the net receipts instead of 5 %.
Imhof stated that 5% of the net is half of what they are currently paying.
Brown stated that Blaine has no tax, and Sumas has also dropped their tax to 1.5% of the
gross receipts.
Sutter questioned the reaction from businesses. Nelson stated that they were
appreciative.
Hoag stated that she is sympathetic to businesses that have lost money, but she was not in
favor of removing money from criminal justice in favor of gambling. The tax is appropriate and
Regular County Council, 4/20/99, Page 9
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she was not in favor of reducing it to help the gambling businesses make a better profit.
Criminal justice is more important. They should instead concentrate efforts to attract tourists for
other reasons.
Motion to amend to 3% of the net receipts failed 1 -6 with Brenner in favor.
Nelson clarified that it would not take place until next year.
Motion to modify the tax to a rate of 5% of the net receipts carried 6 -1 with Hoag
opposed.
(Clerk's Note: Council moved back to discussion of Other Item #2)
6. COUNCIL CONSIDERATION OF AN APPEAL OF THE HEARING EXAMINER'S
DECISION ON FILE NUMBER. CUP98 -0038. THE REQUEST IS TO CONSTRUCT
A 20,000 SQUARE FOOT BUILDING TO BE USED IN AGRICULTURAL
PRODUCTION. THE APPEAL WAS FILED BY LESA STARKENBURG-
KROONTJE FOR DARI -TECH (AB99 -093)
See "Announcements."
INTRODUCTION ITEMS
Nelson moved to accept the introduction items.
Motion carried unanimously.
1. ORDINANCE REGARDING ESTABLISHING THE SPEED LIMIT ON EAST SMITH
ROAD (AB99 -154)
2. ORDINANCE REGARDING ESTABLISHMENT OF SPEED LIMITS WITHIN A
SCHOOL ZONE (AB99 -155)
3. ORDINANCE AMENDING THE 1999 BUDGET, REQUEST NO. 3 (AB99 -156)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Brenner stated that Public Works Committee had a discussion on the skateboard park
(AB99 -147). The committee also put together a letter in Public Works committee to the U.S.
Congress regarding Presidential Executive Orders (AB99 -111). She read the letter into the
record. She also read a proposed resolution written by Congressman Jack Metcalf.
Motion to approve the letter carried unanimously.
Regular County Council, 4/20/99, Page 10
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Hoag stated that the Natural Resources committee had an update on groundwater
contamination in the north Lynden area (AB99 -156).
Nelson reminded everyone of the Board of Health meeting on May 11.
Sutter stated that she went to Maple Falls for a community meeting with the Black
Mountain Forestry Center. The idea is well supported. They will be able to do forestry tours on
a small scale beginning in the summer. They were recently put first on the County Council's
WA -CERT priority list.
Imhof stated that he attended the legislative steering committee a week and a half ago.
Legislation is winding down.
ADJOURN
The meeting adjourned at 8:15 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on Mgy 4 , 1999.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Marlene Dawson, Council Chair
Regular County Council, 4/20/99, Page 11