HomeMy WebLinkAboutCouncil June 1 19991
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
WHATCOM COUNTY COUNCIL
Regular County Council
June 1, 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 the Committee of the Whole recommended
adoption of a written policy for sending letters from the Council (AB99-
171A) using four specific rules. The Committee also had a discussion with
Senior Deputy Prosecutor Daniel Gibson regarding Kittitas County's Amicus
filing status (AB99 -018).
APPROVAL OF MINUTES
APPROVAL OF MINUTES FOR THE FOLLOWING MEETINGS:
COMMITTEE OF THE WHOLE N APRIL 6, APRIL 15, AND MAY 18,
1999; COUNCIL — APRIL 6, 1999; BOARD OF HEALTH — APRIL 13,
1999
Imhof moved approval.
Motion carried unanimously.
Regular County Council, 6/1/99, Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
OPEN SESSION
The following people spoke:
Liz Washburn, 6517 North Fork Road, stated that no one was notified that
the North Fork Road closure was going to be brought up at the last meeting, and
there are many concerned people, she is nervous about the unlawfulness that has
been going on out there. She was also concerned about the degradation of the
environment. Maintenance people have told her that they won't even service up
there because of the Off -road Vehicle (ORV) riders. There are gunshots and other
activity going on up there.
Jim Trull, 7878 Birch Bay Drive, Owner of the Birch Bay Golf Club, gave a
petition to Council regarding letting horses on the beach at Birch Bay. He also
submitted a petition that golf carts be made legal from Birch Bay Village to the sea
shop.
Brenner stated that the issue of the golf carts had already been discussed in
Public Works Committee. It was decided that there were problems. She would be
glad to bring the issue back if there is new information.
Trull stated that a cart fully equipped with lights is safer than non - motorized
means of transportation. There is an aging retirement community.
Dawson stated that, due to the Endangered Species Act (ESA) listing,
horseback riding on the beach would be frowned upon.
Trull stated that the horse droppings are biodegradable. There is no danger
on the beach. Other beaches have horses on the beach.
Nelson stated that they could check on it.
Eric Buskala, 6429 North Fork Road, Deming, stated that he has watched the
deterioration on the road and the attack on the place. He has almost been shot at
on his property. He called the police twice this weekend about people driving over
70 miles per hour along the road. Every Saturday people come down from drinking
in that area and wake him up. He also felt that there was no notification about the
meeting last week and that people did not get to speak. The area is used on a daily
basis.
Hoag explained that Senator Gardner set up the meeting and people were
not allowed to speak. It did get advertised as a public meeting. People were not
allowed to testify.
Brenner stated that a lot of options were explored. They will be meeting
again in about a month.
Regular County Council, 6/1/99, Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Buskala stated that talk of an ORV park was not mentioned when he
purchased his property.
Mike Miller, 9231 Silver Lake Road, Maple Falls, stated that he is a local
general contractor and a 20 -year resident of the County. Because of the recent
disaster in Oklahoma, he formed a non - profit organization called the Mount Baker
Disaster Relief of Washington. They are trying to mount a relief effort for those
people down in Oklahoma City to see what they can do to help those who cannot
pay back government loans or do not have insurance. About 3,000 homes have
been wiped out. Any support he could get will help. He can build the houses, but
he doesn't have financing. Donations can be sent to any People's State Bank under
account of the Mount Baker Disaster Relief of Washington.
Brenner stated that the money they are collecting is just for materials. She
questioned the amount of houses they could build. Miller stated that, for $100,000,
they could put up a minimum of three houses. The average single family house in
Oklahoma is between $30,000 and $40,000 to build a 900 to 1,200 square foot
home. The costs are less than in Whatcom County.
Dawson questioned how he would pay for transportation and his own
housing. Miller stated that he is restructuring himself financially to be able to do
this.
Allan Van Hook, North Fork Road, encouraged everyone to support Senator
Georgia Gardner, go back to square one and have a legal siting, and have a
common sense approach to solving this problem. The ORV riders represent a lobby,
but there are a lot of people riding their coattails that are involved in unlawful
activities. He supported a renewed effort for new ideas to solve the problems.
Dawson asked Van Hook about the idea of regulating the ORVer's to the first
and third weekends of the month. Van Hook stated that would be a management
tool. They need to renew the ORV siting process that began in the 1980's. There
are many questions that could be addressed during the siting process. This area
has grown without planning or forethought.
Brenner stated this is not just about ORV's. It is also about people going
there with motorized vehicles. She was encouraged about all of the options. Van
Hook stated that there was motorized access for many years without problems.
Claudia Hollod, 8240 Birch Bay Drive, stated that her neighborhood group
doesn't want horses on the beach because of safety issues. Everyone wants rights
without responsibilities. No one is cleaning up the dog manure. They do not want
to walk through the manure from domestic animals. They are also dealing with jet
skis, which are being recklessly driven. In addition, they do not want golf carts.
Regular County Council, 6/1/99, Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
The golf carts can go on the road if they are licensed and stay on the roads, but
they should not go on the walking paths.
Hoag stated that the consensus at the Public Works Committee was that they
don't feel the golf carts belong on the walking paths.
CONSENT AGENDA
Nelson reported for Finance and Administrative Services Committee and
moved approval of Consent Agenda items one through five.
Hoag removed items four and five.
Motion to approve items one through three carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE
CITY OF FERNDALE CONCERNING ANNEXATION AND DEVELOPMENT
WITHIN THE CITY OF FERNDALE UGA (AB99 -192)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND
WASHINGTON STATE DEPARTMENT OF FISH AND WILDLIFE,
PROVIDING FOR THE CONTINUATION OF ASSIGNMENT OF A FISH &
WILDLIFE BIOLOGIST TO WHATCOM COUNTY IN A TOTAL AMOUNT
NOT TO EXCEED $125,388 THROUGH JUNE 30, 2001, WHICH
INCLUDES $30,951 THROUGH 1999 (AB99 -193)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND ARTHUR
WILKOWSKI, OWNER OF POINTS RECYCLING AND REFUSE,
TRANSFERRING OWNERSHIP WITH NO CHANGE IN CURRENT TERMS
(AB99 -194)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY HEALTH AND HUMAN
SERVICES DEPARTMENT AND STATE OF WASHINGTON DEPARTMENT
OF ECOLOGY, PROVIDING 100% REIMBURSEMENT FOR COSTS
ASSOCIATED WITH INVESTIGATING SITES BELIEVED TO BE
RELEASING HAZARDOUS SUBSTANCES OR SITES PREVIOUSLY
CONTAMINATED WITH HAZARDOUS SUBSTANCES, IN THE AMOUNT
OF $77,875 (AB99 -195)
Hoag supported the request, but wanted to make sure that this money
includes the Y road dump.
Regular County Council, 6/1/99, Page 4
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
Chuck Benjamin, Health and Human Services Director, stated that the State
Department of Ecology (DOE) has to approve the list. The Health Department will
request that the Y Road dump be placed on the list.
Brenner questioned whether they are going to request that it be placed on
the list. She was concerned that it has not already been requested. She
questioned why it has not been requested and when it would be. Benjamin stated
that, with this grant money, they are in a position to do whatever they can to add it
to the list. Whether it is put on the list or not, the Y Road landfill will be looked at
through the Lake Whatcom watershed protection process.
Sutter stated that her belief was that there are already efforts to look at the
landfill. She would support a way to combine efforts, but not a duplication of
efforts. Benjamin stated that his department will discuss this issue.
Jeff Monsen, Public Works Director, stated that the Y Road dump will be
evaluated using either Lake Whatcom funds, solid waste funds, or State funds.
Nelson moved approval.
Motion carried unanimously.
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPOINT THE
WHATCOM COUNTY COUNCIL OF GOVERNMENTS AS THE LEAD
AGENCY TO COORDINATE CENSUS 2000 EFFORTS, FUNDING FOR
COORDINATOR IS INCLUDED IN BUDGET AMENDMENT #4 IN THE
AMOUNT OF $16,729 (AB99 -196)
Nelson moved approval.
Hoag stated that this is a joint effort, and City of Bellingham would also be
responsible for a large portion of that funding. She asked about funding subject to
participation of the City of Bellingham.
Dave Wareing, Deputy Administrator, stated that administration was not able
to contact the City of Bellingham or the Council of Governments and recommended
that this be approved with administration having the option to not participate if
there wasn't sufficient participation by the other cities.
Hoag so moved.
Sutter stated that the Council of Governments (COG) has had presentations
on the census. The indications are that, when federal money is divided based on
demographics, the County is losing a significant portion of that revenue because of
people who don't get counted. This effort is to pick up on those that are falling
through the cracks.
Brown stated that the person in charge of the census is based in Seattle.
There are no local people on board at this time to sort out the places in which they
Regular County Council, 6/1/99, Page 5
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
need to make contact. He supported the effort, even though the federal
government should fund it.
The Council concurred on the amendment.
Motion to approve as amended carried unanimously.
PUBLIC HEARING
1. ORDINANCE REGARDING ESTABLISHING PARKING CONTROL ON
BIRCH BAY DRIVE AND BIRCH POINT ROAD (AB99 -183)
Jim Trull, 7878 Birch Bay Drive, submitted a petition regarding the need for
more parking along the strip. He thanked the Council for the increased number of
parking spaces so far. These businesses that signed the petition requested
additional parking be explored.
Bruce Mills, Public Works Engineering, gave a staff report and stated that
they are completing the Birch Bay Drive project, which adds four foot paved
shoulders on each side of the road for 4 Yz miles. As a part of that project, this
ordinance is to prevent parking within four feet of the fog line of the traveled lane
to allow a safe place for bicycles and walkers. They also added more than 50
parking spaces in areas that they were able to find.
Brown questioned whether the lanes are not officially designated as
pedestrian and bike lanes. Mills stated that was correct.
Brown questioned how a disabled vehicle would be prohibited from utilizing
the area. Mills stated that they have discussed this with the Sheriff's office, who
doesn't intend to enforce the letter of the law. They will not be picky on people
such as those with flat tires or other problems. In general, they are trying to clear
up the shoulders.
Brown stated that some of the rules of the road require that they could be
used for emergency parking. Mills stated that will still take place.
Dawson questioned whether there will be signs identifying pedestrian use.
Mills explained that there is a lot more work to place the signs because of other
restrictions needed to bring to current standards.
Hoag questioned whether people were currently parking along the shoulders
and whether they are reducing the available parking in those areas. Mills stated
that is true in some places.
Hoag questioned whether businesses have been affected at all. Mills stated
that they have developed additional parking. Some people may still have to go a
few hundred feet away. None of the locations are in front of the businesses. In
some places, they shifted the centerline of the road if there was extra room on the
Regular County Council, 6/1/99, Page 6
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
opposite side. There are few spaces that will no longer be used. There is a net
gain of over 50 spaces.
Claudia Hollod, 8240 Birch Bay Drive, spoke in favor of no parking on the
shoulder. She commended Ravyn Whitewolf, Public Works Engineering, for her
work on the project.
(Clerk's Note: End of tape one, side A.)
Hollod continued to state that Whitewolf was an excellent staff person to
work with. She submitted a petition regarding the need for a sheriff deputy to
enforce the speed limits, weight limits, and other regulations.
Richard Meyer, 8238 Birch Bay Drive, stated that there are a lot of people
using the walking path. The ordinance is needed to keep the path open. He urged
the Council to pass the ordinance and place signs regarding no parking on the path.
Dawson requested clarification on the signage. Mills stated that the signs
that will be installed will say, "No Parking on Paved Shoulder." It will not designate
the shoulder as strictly for pedestrians and bicycles.
Roy Nicholas, 8194 Birch Bay Drive, stated that safety is a big issue on the
road. He also submitted petitions enforcing what has already been said. As a
businessman, he has always provided parking for his customers and did not rely on
the government.
Arnie Cleveland, 7373 Birch Bay Drive, stated that he only saw this in the
paper today, and there was not notification. He has been complaining about the
speeding to the County Engineering Department. The speed limit should not be 35
miles per hour because it's too congested. There is not an overall plan for safety at
Birch Bay. He suggested they eliminate the area south of Alderson Street and
north of Birch Bay State Park from a no parking zone.
Patrick Alesse, 4825 Alderson Road, commended the ordinance. He is a
member of the Birch Bay Community Improvement Board. Basically, the group
supports a people - friendly coastline. The County will need to enforce the no
parking and no placement of stationary items along the road, such as business
signs. Parking needs to be provided by the business owner. He complimented
Ravyn Whitewolf on her wonderful work in Birch Bay.
Cathy Cleveland, citizen, commended Raven Whitewolf for the job she has
done regarding the parking. She proposed that the area allow parking because
there is not enough area for recreational vehicle (RV) parking. There is no overall
comprehensive plan. The speed limit once was 10 miles per hour, but is now 25
miles per hour. State law allows for a lower speed limit if the County deems it
necessary. The County also needs to take some of the traffic off the road. She
suggested they re -route some of the roads, and close the entrance on Birch Bay
Drive.
Regular County Council, 6/1/99, Page 7
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
Dennis Sandvig, 8212 Birch Bay Drive, stated that Ravyn Whitewolf has done
a fantastic job on the shoulder improvement. He was very supportive of any ban
on parking, due to the safety issue. He also had concerns regarding the speed
limit. The Birch Bay Village has an enforced 20 -mile per hour speed limit. Once on
the road, there is no reason for those people to come down past the Shintaffer
Road. That should be a mandatory I -5 turn. There are a lot of distractions close to
the road. There is a lot of abuse from other people. Someone was wheel walking a
motorcycle in this area. There are kids and people crossing the road. This area has
a serious problem and should only have a 20 -mile per hour speed limit.
Hearing no one else, Dawson closed the public hearing.
Nelson moved approval of the ordinance.
Brenner questioned why there are different speed limits for different areas.
Mills stated that he was unsure historically. Public Works Engineering
Division is going to look into this.
Brenner stated that people talked about it being a question of enforcement
rather than making new laws. This is going to increase the safety in Birch Bay. If
they let people park on that shoulder, it would make it difficult for people to walk
on that shoulder. She was concerned that they aren't meeting standards so that
the County can't designate the shoulder as non - motorized.
Mills stated that, to qualify for federal funds to bring it to current standards,
the shoulder would have to be six foot wide instead of four feet wide. There are
telephone poles that are within three feet of the paved shoulder. If they were to
expand to six feet and move the poles, some of them would be in people's front
doors.
Brenner questioned why they can't designate the area as non - motorized.
Mills responded that it is a like a paved shoulder on any other road in the County.
Brown questioned whether there is a difference in volume of people walking
and bicycling in that one area. Mills stated that the area is between the north end
of the State park and Alderson Road. There are houses on both sides of the road.
They are fairly close to each other. It is the most congested portion of the project.
Brown questioned whether they have lost parking due to this expansion.
Mills stated that several people would park along the shoulder and have vehicles up
to the white fog line. The County provided additional parking spaces for those that
are being lost, but it means they will have to walk several hundred feet.
Imhof stated that seems to be a busy area in the summer because people
are going to the State park. To allow people to park gains nothing.
Brown questioned the County right -of -way by use. In that case, he
questioned how that was dealt with. Mills stated that they hired a surveyor years
Regular County Council, 6/1/99, Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
ago. Whether or not it is disputed, they have a minimum total of 30 feet. They
may have a total of 60 feet. Regardless, the improvements are an 11 -foot lane
with a four -foot shoulder. They are still within the minimum 30 feet.
Dawson questioned whether a handicapped visitor could park in front of the
residence they are visiting. Mills stated that most of the residences have one or
two parking spaces, but they don't have room for additional visitors.
Sutter stated that she is pleased with the shoulders. This is an advantage for
the motorists as well.
Motion carried unanimously.
Nelson would like the uniform speed limits to be placed in Public Works
Committee for discussion regarding the various speed limits.
2. RESOLUTION AMENDING THE WHATCOM COUNTY 1999 ANNUAL
ROAD CONSTRUCTION PROGRAM (AB99 -185)
Bruce Mills, Public Works Engineering, gave a staff report and stated that,
because of the Endangered Species Act (ESA), almost every federally funded
project is not being built statewide. In order to salvage some of the construction
weather, he wanted to add some additional projects. They require minimal
engineering because they are overlay projects. They don't require an exhaustive
permit process and they are needed projects. They would be done over the next
few years anyway, one -by -one. This seems like an appropriate time to bring them
forward, so there can be a construction season.
Brown asked about Park Road. Mills explained that it has wetlands, so it
needs to be discussed with the Army Corps of Engineers. It was the County's
intention to build it in two sections; half this year and half next year. They are now
proposing to build it all next year. They will do all 2.8 miles at once.
Brenner questioned whether overlay means asphalt. Mills stated that was
correct.
Brenner questioned whether overlay includes chip -seal. Mills stated that it
does not. It will be a smooth asphalt surface. Brenner stated that she hoped they
begin to move in the direction of not doing chip -seal.
Dawson questioned how much time is going to be added to the completion of
the Lummi Shore Road. Mills stated that they are now purchasing right -of -way.
They hope to do construction next year. They weren't going to do that this year.
The ESA listing will affect the project, but it will go ahead next year.
Regular County Council, 6/1/99, Page 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Hoag questioned whether overlay means digging out the potholes and
leveling out the roadway. Mills explained that the road is smoothed out and leveled
to make the roadway level.
Brown asked about the road in the Mountain View vicinity that is being used
as a crossroad. There have been a lot of complaints about a lot of truck traffic
using it as an alternate route. It is being torn up and not maintained.
Mills stated that they have had people talking about Kickerville Road.
Brown questioned whether it needs more than just a resurfacing. Mills stated
that it does.
Brenner questioned what improvement will be made. Mills stated that they
would bring it up to proper standards. It is a connector route.
Brenner questioned whether there was a better route.
Brown stated that it will take more funding.
Jeff Monsen, Public Works Director, stated that Kickerville Road, south of
Grandview is scheduled for reconstruction, not north of Grandview. The truck
traffic from the refineries, heading towards Canada, is using Kickerville north of
Grandview.
Brenner questioned whether there is another route that truck traffic should
be using. Monsen stated that they should be using Grandview to I -5. Kickerville is
not scheduled for reconstruction anytime in the near term. They continue to look
at working with the refineries to minimize or prevent the trucks from using that
segment of the road.
Brenner questioned whether they can put a weight limit on the road. Monsen
stated that they can.
Dawson opened the public hearing and, hearing no one, closed the public
hearing.
Imhof moved to approve.
Brenner abstained because she lives on one of the roads.
Mills explained that it needs to be approved unanimously to amend the
program.
Frakes stated that, if one is abstaining and everyone else votes in favor, then
it can be amended.
Regular County Council, 6/1/99, Page 10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Motion carried 6 -0 with Brenner abstaining.
OTHER ITEMS
Nelson moved approval of the ordinance on Council packet page 135
regarding the ordinance amending Whatcom County Code 24.01, purpose
limitation on liability and department establishment (AB99 -169).
Dawson stated that it is a name change from Health Department Advisory
Board to the Health and Human Services Department Advisory Board.
Brenner stated that this was discussed during the Health Board meeting.
Chuck Benjamin, Health and Human Services Director, stated that it is a
name change from the Health Department Advisory Board to the Public Health
Department Advisory Board, to separates it from the Developmental Disabilities,
Substance Abuse, and Mental Health advisory boards.
Motion carried unanimously.
1. REQUEST AUTHORIZATION FOR PAYMENT OF COUNCIL MEMBER
TRAVEL AND /OR EXPENSES (AB99 -022G)
Nelson reported for Finance and Administrative Services Committee and
stated that there are three items. One was for Council Member Dawson in the
amount of $130 for a conference. There was a request from Council Member
Brenner for the Smart Growth Conference reimbursement. There was also a
request from Council Member Hoag for cellular telephone time in the amount of
$7.02. He moved approval. There was some concerns with the cellular phone use.
Finance Committee has to work on some policies if that is going to be allowed.
Sutter stated that she believed there was a discussion some time ago
regarding cellular phone call reimbursement not being an allowed use.
Hoag stated that she spends a lot of her time on the cellular phone. She
went to the Clerk of the Council and asked for reimbursement. She was told that it
had to be approved by the Chair of the Council. At that time, the Chair was Imhof,
who denied the request. The Whatcom County cellular phone policy says that the
head of the department may approve the cost. Chair Dawson felt that it was a
legitimate use. The cost that she is turning in is the airtime for calls on County
business. She is not asking the County to pay for the cost of the cellular phone or
any calls that are not County business. This makes her more accessible to her
constituents. She has an 1 Yz hour round -trip commute to the courthouse. It
makes her a more effective County Council member.
Regular County Council, 6/1/99, Page 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Dawson stated that the staff suggested that the charges accumulate over a
two or three month period. That should be discussed as an issue.
Brenner stated that she does not use a cellular phone. If someone is making
County phone calls, then it is a legitimate expense. Also, the County did not always
have their SCAN cards. They used to bring in the phone bills and mark out the calls
that were County business. Hoag's cellular calls are legitimate. She probably gets
a cheaper rate than the SCAN card. It should not come out of her expense
account, either. It should come out of the general fund.
Nelson stated that his concern was the appropriateness of using this type of
funding mechanism, which he believed was always used for education or the use of
the Council Member's access to the public at special events.
(Clerk's Note: End of tape one, side 8.)
Nelson continued to state that computer use and cellular phone use should
be a budgeted item. They need to find out how the various departments handle
their cellular phone costs.
Dave Wareing, Deputy Administrator, stated that the other departments
generally determine through the department head whether calls are legitimate
County business calls. If so, then the department head has the authority to
reimburse those calls.
Sutter questioned how it is determined whether they are legitimate. Wareing
stated that the person making the calls indicates that the calls are County business.
If there is any question, then the department has the option to look into it.
Brown stated that local long distance can be cheaper than going through the
SCAN system. With the advance of the cellular phone, it has made all of the
Council members more accessible. This should be supported and should not come
out of the travel allowance.
Hoag stated that, when she is at home, she uses the SCAN card for long
distance calls that are County business. Most of her cellular calls are to the
courthouse, which makes it clear that it is County business. If she doubts a call is
County business, then she doesn't include it. She is currently billing her cost of
$.06 per minute, which is going to be reduced further. It is a rate that can't be
beat.
Motion carried 6 -0 with Hoag abstaining.
2. ORDINANCE AMENDING 1999 BUDGET, REQUEST #4 (AB99 -186)
Regular County Council, 6/1/99, Page 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Nelson reported for Finance and Administrative Services Committee and
moved approval. There was also a request to approve $18,000 in emergency
assistance for the Sean Humphrey House. That did not meet committee approval.
Hoag moved to amend the budget to add the request for emergency
assistance for Sean Humphrey House in the amount of $18,000. The people at the
House are in a desperate situation. The service being provided at the House is not
being provided elsewhere. It is being done without a cost to the County. They are
caught in a situation because of an arbitrary change in interpretation by the State
Department of Social and Health Services (DSHS). This is not long -term funding.
It is only stopgap funding. Their new funding will begin under the agreement that
they've got, but they need money on an interim basis.
Brenner stated that the COPES funding from DSHS was interpreted
differently. The same people, with the same diagnoses and the same conditions
were approved under this funding. A new person came to the Bellingham Office of
DSHS and the interpretation changed suddenly. There were other facilities that
received the same funding for the same types of people in Seattle. Seattle is under
a different local office and is still receiving funding. It is apparent that it is a
difference in interpretation that changed for the people that had already been
approved. There was also a concern that this will set a precedent for other Human
Services agencies and non - profits. The County does give assistance to some of the
agencies. The people in this house are there because they are terminal. If they
miss their medication, they could be dead within a few days. They won't survive
until new funding becomes available in July. This is life and death. There may be
other instances where a human services agency comes to the County with this type
of a request and she hoped that the County shows compassion. The House was
built with private funds. She moved a friendly amendment that the County
requests the State to reimburse the County for this money. A letter should be sent
to request the additional funding.
Hoag accepted the friendly amendment.
Dawson stated that if the amendment fails, the friendly amendment should
be brought up separately.
Brown stated that all human services agencies have had funding cut by the
State, and everyone should be given like consideration.
Sutter was very torn about this because she has compassion for the people
in the House. They hadn't heard from DSHS and would like to postpone voting on
until they have heard from DSHS.
Regular County Council, 6/1/99, Page 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Brenner explained that Chuck Benjamin, Health and Human Services
Department Director, brought this forward and has checked into this. This is an
emergency.
Chuck Benjamin, Health and Human Services Director, stated that he has not
been in a position to legitimately look into this. The House is in need of funding
because they are running out.
Sutter questioned whether there is another side to the story. Benjamin
stated that there is another side that he has heard, but he can't say what that story
is. The House is in dire financial condition.
Sutter would like to know all the issues, and table this issue until they get
some more information.
Nelson quoted from the letter that explained the DSHS action and concerns
regarding the mental health and substance abuse problems of the residents. In the
area of substance abuse, agencies went through the Request for Proposals (RFP)
process to treat people in just as critical situations. Mental Health is also dealing
with critical and crisis situations with diminished dollars. The County should not
give $18,000 to three people without a proper process. They would be opening up
a precedent of circumventing public procedure and policy.
Karen Durham, 2408 Lynn Street, Sean Humphrey House Board Member,
stated that they will not have an answer from DSHS about why they did what they
did. The Board may or may not pursue a lawsuit. The money was managed well.
They went into the reserves and should have shut the House down instead of going
into the reserves. She explained that there are only four agencies in the State that
deals with the AIDS patients with mental health problems. It is a public health
issue. They also handle people with AIDS and alcohol problems. They are not
asking the County to absorb the training costs. $10,000 a month was put into
these issues because they felt it was a public health issue. She understood the
appearance of a bail out of a charity. The difference is that these people are not
safe on the streets and are dying. Regarding the amendment to be reimbursed,
she doubted that would happen.
Dawson questioned how many patients they have had. She explained there
have been 56 patients, and there are three patients now. There will be four next
week.
Dawson questioned whether the House was originally a hospice setting.
Durham stated that is what they set up to do. The change is that the patient profile
has changed. More patients are mentally ill or abuse drugs or alcohol. The COPES
funding was a recognition by the State that there were double the costs to manage
these types of residents. The prescriptive medications can add a few years to the
life if the complicated regime is followed without fail. Someone damaged by
Regular County Council, 6/1/99, Page 14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
alcohol, drugs, or mental illness is not going to be able to maintain the medication
in reality.
Hoag questioned Sutter about which part of the amendment she was
hesitant.
Sutter stated that she was concerned the money would be a band -aid that
would delay the inevitable. She would like assurance from DSHS that the funding
will be there in the future. She questioned whether DSHS has assured the House
that they will get payment in July. Durham stated that they have signed another
contract. They had a contract for COPES, which they broke.
Brown questioned whether the new funding is for a lesser amount. Durham
stated that it is $2 per day less.
Brown questioned whether there are other sources of money available.
Durham stated that there is a federal source called the Ryan White Fund.
Hoag stated that when the Paradise Lakes people cancelled their contract
with the Sheriff, in the amount of approximately $100,000, there was no process.
The Council approved funding for an emergency situation at that location. This is
much less money.
Nelson stated that Sheriff protection is required of the County. This is not.
Brenner stated that the level of service was changed.
Brenner stated that, without the funding, people will die. She would rather
people die with dignity and in comfort. It is not a band -aid. Even if DSHS does not
come through with their contract, the County will have tried. Recently, the County
came up with $33,000 in funding for an unnecessary program. Government should
establish hospices.
Dawson questioned how many of the Sean Humphrey House patients have
been Whatcom County residents. Durham stated that approximately 2/3. They
take residents from Whatcom, Skagit, and Island counties. In that time, only one
Island County resident was a patient. The rest have been Skagit or Whatcom. All
the current patients are Whatcom residents.
Imhof questioned whether the House could tolerate a two -week delay.
Durham stated that they negotiated with DSHS from January through May. She
didn't believe Sutter would get an answer in two weeks. She would be happy to
supply the Council with any additional information. Two weeks would be too long.
Regular County Council, 6/1/99, Page 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Sutter requested adding a friendly amendment to have a letter sent to DSHS,
with a copy to the governor and local legislators, to see if they can get some
answers.
Hoag accepted the friendly amendment.
Hoag asked for clarification on how this would come up again if delayed.
Dawson questioned where the current residents would go if the House closed.
Durham explained that the three patients at the House now would go to the streets
for about two days before they would get critically ill, then end up in the hospital.
The cost on that is $500 - $1,100 per day, for about 10 days. They would then go
to a nursing home at a cost of $200 - $400 per day, plus physician care. The cost
to stay at the House is $92 per day. The public will pay one way or another.
Imhof requested the administration's recommendation.
Pete Kremen, County Executive, encouraged the Council to make a decision
this evening because it is an emergency situation.
Nelson explained that there are a lot of groups out there who need
emergency money. The State is running into funding limitations because taxpayers
are not allowing higher taxes. Those funding requests are going to begin coming to
the County. He agreed the situation is an emergency. The public needs to be
willing to support such funding.
Brenner stated that Benjamin has been involved in this for a while. The
County thought that it would be worked out. Also, the State has plenty of money.
Motion to amend carried 6 -1 with Brown opposed.
Motion to adopt the ordinance as amended carried unanimously.
3. ORDINANCE ESTABLISHING WHATCOM COUNTY VOTING PRECINCTS
(AB99 -182)
Nelson reported for Finance and Administrative Services Committee and
moved approval.
Motion carried unanimously.
Nelson moved to have the Council look into having a membership in the
American Water Resources Committee funded by the Council in the amount
of $70.00 so that any Council member may attend.
Regular County Council, 6/1/99, Page 16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Sutter stated that the Council has been a member. She has been attending
meetings on behalf of the Council. This year, they are asking to forward a
registration for the year 2000. She will not be on the Council then, but does want
to attend the meeting on June 23 rd
Nelson stated that they could register as a Council, and Sutter could attend
this year. He so moved.
Dawson stated that they need to make sure all the Council members get
copies of the correspondence.
Motion to approve carried unanimously.
4. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED
APPROVAL OF A PLANNED UNIT DEVELOPMENT, FILED BY JOEL
TARRIDA FOR "SQUALICUM PLATEAU" (PUD98 -0002) (AB99 -187)
Sutter first reported on the Planning Committee discussion regarding
parking standard review (AB99 -172). The discussion expanded into the need
to look into regulations regarding cottage industry. Staff has been asked to bring
forward a list of the nature of complaints received about cottage industry. The
Planning Committee also held a discussion regarding the ordinance adopting
amendments to the Whatcom County Title 20 zoning text and map (AB99 -
184). There are two work sessions scheduled outside of regular County Council
committee meetings, for Friday June 4 from 9:45 a.m. to 12:45 p.m. and Friday,
June 10 from 9:45 a.m. to 2:00 p.m. They will go through the Development
Regulations from beginning to end.
Sutter reported for Planning and Development Committee and moved
approval. There was also a recommendation to start work with the City of
Bellingham regarding Development Standards in the Urban Fringe area. She so
moved.
Motion carried unanimously.
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO REAPPOINT THE
FOLLOWING APPLICANTS TO THE AMERICANS WITH DISABILITIES
ACT (ADA) COMPLIANCE COMMITTEE: TIM ROOS WHO HAS FINISHED
A PARTIAL TERM, FOR A FIRST FULL TERM; AND NAT DICKINSON,
KEITH WILLNAUER, AND TOM STITT FOR THEIR SECOND FULL
TERMS; ALL APPOINTMENTS TO RUN THROUGH MAY 31, 2002 (AB99 -
197)
Imhof moved approval by acclamation.
(Clerk's Note: End of tape two, side A.)
Regular County Council, 6/1/99, Page 17
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Motion carried unanimously.
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO REAPPOINT BILL
BLISS TO SERVE ON THE BOUNDARY REVIEW BOARD FOR HIS
SECOND FIVE -YEAR TERM, ENDING FEBRUARY 1, 2004 (AB99 -198)
Sutter moved approval.
Motion carried unanimously.
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPOINT
JONATHAN SITKIN TO SERVE HIS FIRST TWO -YEAR TERM ON THE
DEVELOPMENT STANDARDS TECHNICAL ADVISORY COMMITTEE,
ENDING JUNE 30, 2001 (AB99 -199)
Nelson moved approval.
Hoag stated that she was told it was okay Mr. Sitkin served on this
committee, even though he also serves as a Hearing Examiner, because he has not
done any hearings on land use issues. She questioned whether he cannot do land
use hearing while in this position.
Dawson stated that he would have to abstain from anything that would be a
conflict of interest.
Pete Kremen, County Executive, stated that the recommendation from the
Prosecutor's office was that it is okay for him to accept the appointment. The only
instance of a conflict would be certain cases that he would hear as a Hearing
Examiner. It would not affect him in his position on the Commission to which he is
being appointed.
Hoag questioned whether he would automatically be excluded. Kremen
stated that he would not be selected for any cases involving those issues.
Motion carried unanimously.
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO SIGN AN
APPLICATION IN LIEU OF CURRENT PRIVILEGE BEER /WINE
RESTAURANT LIQUOR LICENSE FOR THE WORKSHOP PUB, 7876
BIRCH BAY DRIVE, BLAINE (AB99 -200)
Imhof moved approval.
Motion carried unanimously.
INTRODUCTION ITEMS
Regular County Council, 6/1/99, Page 18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Dawson stated that they received an addendum Introduction Item.
Nelson moved to accept the Introduction Items.
Motion carried unanimously.
1. RECEIPT OF PETITION PROPOSING CREATION OF THE EVERGREEN
WATER -SEWER DISTRICT (AB99 -201)
ADDENDUM:
ORDINANCE GRANTING A 25 YEAR NON - EXCLUSIVE FRANCHISE TO
PACIFIC FIBER LINK, L.L. C., TO OPERATE AND MAINTAIN A CABLE
COMMUNICATIONS SYSTEM WITHIN SPECIFIED AREAS OF WHATCOM
COUNTY (AB99 -204)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Dawson asked the Council members to take note of the dates regarding
upcoming meetings.
Sutter stated that she went to the Intermodal Transportation Corridor
meeting in White Rock. Funding was received for three border areas. She also
reminded the Council members of the Y2K (Year 2000) conference, the Watershed
Resource Inventory Area (WRIA) #1 watershed management forum at the Laurel
Grange, and the Development Regulations workshop on Friday.
Brenner stated that she attended a brown bag lunch meeting on the
alternative jail proposals and she is impressed about the short -term ideas. At the
end of the meeting, there was discussion regarding the long -term need for a
minimum - security facility. It would be helpful to have the Council explore this in
committee. The County has a work release facility right now. She spoke to
Security Specialists Plus (SSP) about it and they believe that they can also provide
minimum security and there is property available at the site. Sheriff Brandland
mentioned that a county outside of Washington State built a minimum - security
facility for $1.8 million. He would get the specifics and share it with the Council.
She wanted a discussion about how the County would provide something like this.
She wanted to concentrate on the need of a minimum - security facility, the number
of beds that the private sector can fund, and whether the County can do a lease
with the private sector rather than raising taxes.
Dawson stated that Sheriff Brandland was concerned about the jail space
over the Memorial Day weekend. He got a consensus from the judges that anyone
who has served 90% of their term would be an automatic release.
Regular County Council, 6/1/99, Page 19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Brown discussed the three - minute rule on open session. Some people get
the opportunity to speak on all sides of the issues while others are cut off when
they still have a lot of information that they want to give. The Council needs to
open it all the way up to be fair to everyone.
Dawson stated that those who talk longer do so because the Council
members ask them questions.
Brown stated that the Council gives that person more of a forum than the
others. Either the Council should not ask questions or open up the session so
people can speak longer.
Imhof stated that a person should be able to say what he or she wants in
three minutes.
Dawson agreed.
Nelson stated that, if there are questions, the Council members can get their
phone numbers and contact them at another time.
Hoag stated that the Planning Commission Chair compared what other
planning commissions were doing at other jurisdictions regarding public hearings.
They found that the person should have at least 5 minutes. Three minutes may be
appropriate at open session, but public hearings should allow five minutes of
testimony. The majority of other planning commissions allowed 10 -15 minutes.
Some had no limits.
Imhof stated that the State allows only two minutes.
Brown stated that he was specifically referring to the Open Session.
Brenner stated that she would like to be able to answer questions. It is up to
the chair to make sure that a speaker answers questions concisely.
Dawson stated that this should go into committee if the Council members
want to discuss it further. She was comfortable the way it is.
Brown stated that he would like any information people have regarding
grants or other sources of funding that Mike Miller would be able to access for the
Oklahoma relief effort.
Sutter suggested the Building Industry Association (BIA).
Hoag suggested the Rotary.
Regular County Council, 6/1/99, Page 20
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Hoag stated that she received a number of calls about temporary jails,
including tent jails, during the summer. Low level warrants could be processed
through the system during the summer without a lot of cost for a temporary
facility.
Brenner stated that it still requires more staffing.
ADJOURN
The meeting adjourned at 9:35 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on July 13 , 1999.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Marlene Dawson, Council Chair
Regular County Council, 6/1/99, Page 21