HomeMy WebLinkAboutCouncil May 18 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
May 18, 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
(Clerk's Note: Portions of the audiotapes are inaudible, and minutes are transcribed
from the Clerk's notes.)
ANNOUNCEMENTS
(Clerk's Note: Announcements were made after the Executive's State of the County
Address)
Council Chair Dawson announced that the Council was briefed by legal counsel on a
legal matter during Committee of the Whole executive session.
Brenner moved to approve the resolution initiating emergency Comprehensive Plan
amendment to revise the Urban Fringe Subarea Plan to clarify the intent of the County
Council regarding commercial development and design standards in the Gateway
Industrial District (AB99 -188).
Motion to approve carried unanimously.
(Clerk's Note: Council moved to the Open Session)
SPECIAL PRESENTATION
STATE OF THE COUNTY ADDRESS, COUNTY EXECUTIVE KREMEN (AB99-
017)
County Executive Pete Kremen spoke on the following topics: The local economy, the
county budget, delivery of services, county financial status, crime rate, attracting national and
international businesses, water - related issues, endangered species act listing of local salmon
fisheries, newly created water resource division, overcrowding in the jail, juvenile crime issues,
new state budget, satellite stations for the sheriff's deputies, overload of superior court system,
need to pay employees at a competitive wage, technology, and the purchase of Canyon Lake
Regular County Council Meeting, 5/18/99, Page 1
I Creek Watershed.
2
3 Brenner questioned the Becca Bill funding. Kremen stated that the State has not fully
4 funded the bill.
5
6 Brenner stated that the Public Defender's Association asked that the Becca Bill be
7 redefined to eliminate or reduce all of the truancy applications. She wanted to see similar
8 recommendations from the County. It was intended to help prevent runaways and allow parents
9 to get kids into treatment. It has become a truancy bill and is clogging the criminal justice
10 system, which does not serve a useful purpose. Other jurisdictions may agree. She would rather
11 request the State change their Becca Bill to drop the truancy portion. Kremen urged the Council
12 members to pass that message to the legislators in Olympia.
13
14 Brenner stated that she would schedule this item into committee.
15
16 Brenner questioned what the administration's intent is regarding the Sheriff substations.
17 Kremen stated that they would have stations to be used by the deputies during the working hours
18 to reduce travel time and serve the public in a more timely manner.
19
20 OPEN SESSION
21
22 The following people spoke:
23
24 Laurie Taylor, 2340 Harksell Road, Ferndale, stated that she is a lifelong motorcycle
25 rider and spoke against closure of North Fork Road. Recreational opportunities are an asset to
26 Whatcom County. Closing the North Fork would cause a loss of people and revenue that is
27 important to the County. People will be forced to other areas. They need solutions for private
28 owners and recreation can co- exist. A gate is not a solution. Public lands should be open for
29 public recreation.
30
31 Doug Carlson, Al's Honda Yamaha, Bellingham, spoke against closure of North Fork
32 Road and stated that it is unfair for the few homeowners to ruin the recreation of thousands. He
33 asked Council to reconsider until another area for riding can be found.
34
35 Commissioner Martha Gross, Whatcom County, invited Council members to attend a
36 session of teen court on May 19 at 7:00 p.m. in the County Courthouse on the third floor.
37
38 Alan Van Hook, landowner near the North Fork Road, showed a picture of a car plowing
39 through a salmon stream. There is no way for anyone to regulate 15,000 acres. Society has a
40 problem with self - discipline. The intent of the closure is not to keep anyone out of the area. The
41 intent is to get an out -of- control situation under control. There is a misconception that there is a
42 North Fork riding area for ORVs. That is not the case. There never has been a legally
43 established riding area in that area. There should be a legally established area in the County that
44 should be sited in light of the Endangered Species Act and common sense. In the past, the
45 County Council has faced this issue and determined to either gate sensitive areas themselves or
46 allow private parties to do so. At present, there is no practical alternative. There is a movement
Regular County Council Meeting, 5/18/99, Page 2
I to restrict this activity, which is in response to abuse. Riders need to raise funding for
2 governmental enforcement of the laws, or figure out how to enforce their own ranks. If the State
3 wants the public in the areas, then they could put up the money for providing legitimate access.
4
5 Jason Garat, 3909 Timothy Court, Bellingham, opposed the closure of the North Fork
6 Road. The County should enforce against bad behavior. Money from ORV licensing and taxes
7 could be used to fund enforcement.
8
9 Gary Furnace, 3827 Morningmist Way, Bellingham, opposed the closure of the North
10 Fork Road. Many areas have been closed for various reasons, and they are running out of areas
11 to use off road vehicles. The County needs an ORV sheriff to enforce the laws that are in place.
12 They get hydraulics permits from the Department of Fish and Wildlife for their events. Bridges
13 have to be established over the creeks and streams. They don't go near sensitive areas.
14 Education and responsible riding is taught by an organization in Olympia. The Mt. Baker
15 Motorcycle Club has 40 acres and believed they may allow similar education.
16
17 Brenner questioned whether the club has ever discussed creating their own patrol.
18 Furnace stated that he is not aware of that. It needs to come from the Sheriff's Department.
19
20 Margie Likke, 1686 Galbraith Lane, Bellingham, opposed the closure of the North Fork
21 Road. Motorcycling is a family oriented form of recreation for her family. She contacted
22 Trillium, who did not want to put up a gate. They were being pressured by the landowners. The
23 Mt. Baker Motorcycle Club does provide basic training for its members. Riders are cautioned to
24 obey the rules at every event.
25
26 Kevin O'Day, McLeod Road, stated that he uses the North Fork area extensively for
27 hunting and with his Boy Scout troop. The activity should be self - policed. Installing a gate is
28 not the answer.
29
30 Mike Eader (sp ?) stated that he is an avid hunter and fisherman. He urged the Council to
31 leave the North Fork Road open and not to close it because of a few bad apples.
32
33 CONSENT AGENDA
34
35 Nelson reported for Finance and Administrative Services Committee and moved approval
36 for items one through seven.
37
38 Dawson pulled item five.
39
40 Brenner pulled item seven.
41
42 Motion to approve items one through four and item six carried unanimously.
43
44 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
45 PROFESSIONAL SERVICES CONTRACT BETWEEN WHATCOM COUNTY
46 HEALTH AND HUMAN SERVICES AND THE ARC OF WHATCOM COUNTY TO
Regular County Council Meeting, 5/18/99, Page 3
I PROVIDE ADMINISTRATIVE SUPPORT TO ESTABLISH A BROAD -BASED
2 COMMUNITY COALITION OF PERSONS WITH DEVELOPMENTAL
3 DISABILITIES AND THEIR PARENTS OR GUARDIANS, IN THE AMOUNT OF
4 $20,000 (AB99 -174)
5
6 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
7 AMENDMENT TO THE 1999 CONSOLIDATED CONTRACT BETWEEN
8 WHATCOM COUNTY HEALTH AND HUMAN SERVICES AND THE
9 WASHINGTON STATE DEPARTMENT OF HEALTH TO INCLUDE THE
10 DOLLARS PROVIDING FUNDING FOR NURSING AND OTHER SERVICES, IN
11 THE AMOUNT OF $125,267 (AB99 -175)
12
13 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
14 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE STATE
15 OF WASHINGTON DEPARTMENT OF FISH AND WILDLIFE, PROVIDING FOR
16 TWO FULL TIME AND ONE QUARTER TIME TRAINED WDFW ENFORCEMENT
17 OFFICERS ON A REIMBURSABLE BASIS, IN THE AMOUNT OF $110,825 (AB99 -
18 176)
19
20 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
21 FCAAP GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE
22 DEPARTMENT OF ECOLOGY FOR THE FIRST PHASE OF HYDRAULIC MODEL
23 DEVELOPMENT FOR THE LOWER NOOKSACK RIVER, IN THE COUNTY
24 SHARE AMOUNT OF $9,575 (AB99 -177)
25
26 5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
27 CONTRACT AWARD BETWEEN WHATCOM COUNTY AND RESOURCES TO
28 IMPLEMENT THE 1999 -2000 CLASSROOM PRESENTATION PROGRAM ON
29 RECYCLING EDUCATION, IN THE AMOUNT OF $55,000 (AB99 -178)
30
31 (Clerk's Note: End of tape one, side A)
32
33 Dawson stated that she is supportive of recycling education. It is the County's
34 responsibility to provide educational materials to the schools. The County can also produce a
35 recycling video to provide to the teachers. She did not support using County funds to hire
36 teachers to go into the classrooms. Different school districts are able to hire science specialists
37 that go into the different classrooms. That is what they should be doing. Regular classroom
38 teachers also implement recycling as part of their natural resource education. She did not
39 support this avenue.
40
41 Nelson moved approval.
42
43 Brenner stated that the teachers in the public school systems in Whatcom County do an
44 incredible job. They are overloaded already. The County has taken the position to support
45 recycling programs. It is very well known that recycling education is more effective the younger
46 the people are educated. Parents are educated through the kids. The County would miss an
47 opportunity if funds are not allowed to be used on recycling programs. This program is a 60/40
Regular County Council Meeting, 5/18/99, Page 4
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
split with the State. The County will provide $20,000 of a $55,000 contract. it is important to
educate the future generations.
Brown stated that the direction last year was to prepare video materials for the schools to
use. Instead, the same program has come back. He will not support the request.
Hoag supports recycling. Resources has put together an excellent classroom education
program. The teachers are very effective. Studies show that recycling goes down when
education is dropped. It is important to support ReSources.
Brenner stated that this action should not be called a recycling program. It should be
called a reduce, reuse, and recycling program. Part of the program is preventing the need to
recycle by using items that are friendlier to the environment. The schools have always supported
the program, and the administration recommends approval.
Pete Kremen, County Executive, stated that this was brought forward by the Solid Waste
Executive Committee, which is comprised of all of the mayors in the County.
Nelson stated that one of his concerns was regarding measurable outcomes. There are
some changes in the proposal. There are achievement goals. He read from a letter from
ReSources (on file).
Carl Weimer, ReSources stated that they get feed back from the teachers that they
appreciate the program, but it is always difficult to prove results. This year, they have done three
separate programs. One is an Excellence in the Schools Program. Part of that will be very
measurable. There are also evaluations to be sent home and County measurements on recycling
rates.
Nelson questioned whether there is current data on what has been diverted from the waste
stream into recycling. Weimer stated that the numbers are not collected in a consistent manner.
Nelson asked how the Solid Waste Advisory Committee (SWAG) thinks that the numbers
should be measured.
Brown stated that a lot of discussion is centered on how to get an accurate recycling rate.
There is a lot of recycling going on that is not being reported. There has not been a specific
discussion on measurable goals, but soon may be. He heard from the garbage haulers that the
curbside recycling is increasing.
Weimer stated that the numbers have dropped to a rate in the upper 20 %. The majority of
the drop may be in the commercial arena, because commercial is much more driven by recycling
markets. The recycling markets aren't as good as they were a few months ago.
Brenner stated that the programs have an influence if the residential recycling rates are
going up.
Regular County Council Meeting, 5/18/99, Page 5
I Motion to approve the request carried 4 -3 with Sutter, Dawson, and Brown opposed.
2
3 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #99 -53 TO
4 THE LOWEST RESPONSIVE BIDDER, BELLINGHAM CHRYSLER CENTER, TO
5 PURCHASE THREE HALF -TON EXTENDED CAB 4X4 PICK UP TRUCKS FOR
6 USE BY PUBLIC WORKS M &O, IN THE AMOUNT OF $74,433.75 (AB99 -179)
7
8 7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
9 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND PUBLIC
10 UTILITY DISTRICT NO. 1 TO CONDUCT ANALYSIS OF WATER RIGHTS, AS
11 MANDATED UNDER THE WATERSHED MANAGEMENT ACT, IN THE
12 AMOUNT OF $60,000 (AB99 -180)
13
14 Brenner stated that her concern was that she was uncomfortable with a financial vested
15 interest with the PUD. The County should do the preliminary analysis on the water rights. A
16 consultant could be hired. The PUD has its own position regarding how they want to see water
17 rights be done. If the County does it, the appearance of fairness issue will not be a problem. The
18 County is the only entity that represents water rights for every part of the community.
19
20 Jeff Monsen, Public Works Director, stated that appearance of fairness is very important.
21 The initiating governments want to share the effort as much as possible to keep the cost down.
22 The PUD could not influence the outcome with their bias. Even if it attempted to affect the
23 outcome, there is no shortage of people to let them know they are being biased.
24
25 Hoag questioned whether they are going to be looking only at their own customers' water
26 rights, or all water rights. Monsen stated that this covers all paper water rights throughout the
27 County.
28
29 Hoag expressed her concerns about having someone who is a water provider be the one
30 who analyzes water rights. She would support having the County hire an independent
31 consultant, even if it costs more. They have to have the buy -off of the stakeholders throughout
32 the process.
33
34 Sutter stated that the PUD has already done a lot of work. She suggested changing the
35 word basin to "the WRIA 1" on page 71. Monsen stated that the document is a draft for the
36 Planning Unit to be working on.
37
38 There is consensus to take the request back to the group of initiating governments for a
39 change to the draft.
40
41 Nelson stated that the County needs to begin somewhere to build a trusting relationship
42 with the other entities. The PUD has been working on water quantification issues for years. The
43 County has to look to areas where the expertise exists. This doesn't mean that the PUD will run
44 roughshod over the process. They will want accurate information as much as anyone else will.
45 There is not conspiracy to garner water rights for their own usage. The County needs to put
46 aside suspicions and begin working together for the benefit of the community. He will support
47 the PUD looking at the information.
Regular County Council Meeting, 5/18/99, Page 6
2 Kremen stated that whatever is decided still has to be approved by the County Council.
3 Everyone is aware of that process. There is a spirit of collaboration and cooperation. He
4 understood the concerns, but reminded everyone of the full knowledge that anything has to be
5 approved by the County Council.
6
7 Brenner stated that it is unfortunate to use the word conspiracy, subvert, and suspicions.
8 They are government. They deal with appearances. The PUD has a financial vested interested.
9 That's it. There is an appearance of fairness problem on one of the hottest topics. It is up to the
10 County to make the decision who to hire and have someone on board through the County. This
11 is not about the PUD. It is about the public's perception and what the County is to be doing to
12 ensure the public that this is all being done in an objective way.
13
14 Hoag stated that she is not suspicious of the PUD. The PUD is one of the competing
15 water rights. It is not wise to have one of the water right competitors look at how much is being
16 used by other people. It should be an unbiased third party. Because of the surrounding
17 controversy, the more carefully the County treads the greater chance of success. She asked that
18 the message be sent to the Initiating Governments with the recommendation that this be done by
19 someone else. The Initiating Governments can discuss that option amongst themselves. It is
20 important for the County to state that this would not be a wise path to follow.
21
22 Brown stated that water is the key to the County. He didn't believe anyone can be
23 brought in that wouldn't have some sort of interest. There are too many watchdogs to allow
24 anyone to get away with any inappropriate decision. He would support the request.
25
26 Monsen stated that the early work in the watershed planning process is primarily relating
27 to data gathering. Procedurally, the Planning Unit has to accept the data prior to it being used.
28 That will rely on the method of collection and belief by the entire Planning Unit that the data was
29 collected properly and reflects accurate information.
30
31 Nelson moved to approve.
32
33 Brenner stated that once they get started, it will be harder to change. It is important to
34 begin with the most objective perception from the public.
35
36 Motion to approve carried 5 -2 with Brenner and Hoag opposed.
37
38
39 OTHER ITEMS
40
41 1. RESOLUTION ESTABLISHING A WHATCOM COUNTY MARINE RESOURCE
42 COMMITTEE AS PROVIDED FOR UNDER THE NORTHWEST STRAITS
43 COMMISSION (AB99 -158A) (FROM 5/4)
44
45 Hoag reported for Natural Resources Committee and stated that a resolution was revised
46 and approved in committee. They recommended that it be forwarded to the Council for
47 approval. She read the resolution aloud and moved approval. This is a model of a successful
Regular County Council Meeting, 5/18/99, Page 7
I program in San Juan County. There will be a total of seventeen members on the committee. The
2 committee recommends that two members have relevant scientific expertise; three elected
3 officials, one each from the County and the City of Bellingham; three members with economic
4 interests such as, but not limited to, the Port of Bellingham or commercial fishing; two members
5 with recreational interests such as, but not limited to, sport fishers; three members with
6 conservation and environmental interests; and two members who shall be constructive and
7 knowledgeable citizens. In addition, each recognized tribe shall be offered a seat on the
8 committee, with the representative to be appointed by the respective tribal authority. They also
9 added a paragraph regarding ex officio members to include the Planning and or Public Works
10 staff of Whatcom County, the City of Bellingham, and the City of Blaine as nonvoting members.
11 They also added the ability for the committee to add ex officio members as needed, to allow
12 other cities.
13
14 Sutter moved to amend on Exhibit A, section titled Purpose to add at the beginning of
15 that section "Guided by sound science, afid the needs of the Northwest Straits marine ecosystem,
16 and consideration for the citizens of Whatcom County,..."
17
18 Motion to amend carried unanimously.
19
20 Sutter moved to amend Exhibit B, the second item, to start the sentence as follows:
21 "Consistent with a scientifically -based regional system of Marine Protected Areas (MPA's),
22 identify local candidate sites and urge their inclusion at the appropriate level."
23
24 Motion carried unanimously.
25
26 Nelson moved to change language in Exhibit A, the section titled Committee Members
27 to amend the words "eeastf efive and knowledgeable ble at large" in line 7 of the paragraph.
28
29 Hoag stated that the language was taken from the Northwest Straits Commission from the
30 Murray- Metcalf proposal.
31
32 Brenner stated that it is helpful to have people on board who have a background in the
33 issue. It is no different than the last amendment about citizens. Having the wording implies that
34 it is someone who is going to do this because they care a lot and is making a commitment.
35
36 Nelson stated that it would be up to the applicants to provide their resume'.
37
38 Brown stated that there should be two citizens, but they don't have to be fully
39 knowledgeable on marine practices because part of the resolution may impact all of the inland
40 resources. They will need people in the community who would have an ability to see the effects
41 inland.
42
43 Hoag questioned why those words were chosen and if they were important.
44
45 Tom Cowen, Northwest Straits Commission, stated that he had no problem removing
46 those words.
Regular County Council Meeting, 5/18/99, 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
Motion to amend carried 4 -3 with Hoag, Imhof and Brenner opposed.
Hoag moved to amend Exhibit B, the second item to read, "Consistent with a
scientifically based regional system of Marine Protected Areas (MPS's), identify local candidate
sites and urge their inclusion at the appropriate level (voluntary or regulatory)." She liked the
voluntary nature of the San Juan program. One of the problems Whatcom County has had was
that there was resistance to designating the area as a sanctuary because of the regulations. She
wanted it to be clear that the areas can be voluntary areas. Federal areas can also designate areas
as official marine protected areas, which would be regulatory.
Dawson stated that the County Council could not make it regulatory. It would have to be
voluntary.
Hoag stated that the committee would be urging the inclusion at the appropriate level.
This committee would recommend that the County designate an area as voluntary or regulatory.
It should be clear that these should be voluntary.
Sutter stated that she feels more explanation of the additional words is necessary.
Brenner agreed the purpose is to do it voluntarily.
Hoag changed her amendment to "(especially voluntary)." There are protected areas that
are regulatory. The resolution is not clear as to what the County is asking them to do. There
needs to be some emphasis on the voluntary language. If the voluntary measures don't work,
then the committee may ask that it become regulatory.
Motion to amend carried 5 -2 with Imhof and Sutter opposed.
Main amended motion to approve carried unanimously.
(Clerk's Note: End of tape one, side B.)
2. REQUEST AUTHORIZATION FOR PAYMENT OF COUNCIL MEMBER TRAVEL
AND /OR EXPENSES (AB99 -022F)
Nelson reported for Finance and Administrative Services and moved approval of Council
Member Hoag's request for reimbursement for the Smart Growth Conference and Council
Member Sutter's mileage reimbursement to Olympia to attend the Government Council on
Natural Resources.
Nelson also stated that there was an amendment to add a request by Council Member
Imhof to help pay for his trip to Harvard University to allocate $1,000 from his travel account.
He stated that the committee brought it forward with a 2 -1 vote. He so moved.
Regular County Council Meeting, 5/18/99, 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
Brown stated that he is opposed to Council Member Imhof s request because he feels it is
funding continuing education, and feels it is inappropriate.
Dawson said she looked over the information provided by Imhof and that it was for
elected officials. Imhof previously stated that he would come back and provide information
from the class. She further stated that it is her opinion that Council Member Imhof should be
allowed to decide how he's going to spend his money.
Brenner asked that Council Chair Dawson remember her comment about Council
Members deciding for themselves how they spend money within their accounts as long as it has
to do with County business.
Hoag asked Imhof to clarify how this is appropriate for a Council Member. The
information she read talked about senior executives and management, and things that aren't dealt
with on the Council.
Imhof responded that a lot of places have commissioners where there is administration
and legislation together. We don't have that. It covers both areas. It covers policy setting.
Some of the issues he addressed in his application are border related issues, transportation at the
border, his position at CRAB (County Road Administration Board) dealing with transportation
across the state and Whatcom County, transportation funding, and policy setting. These
concerns are addressed as a more global issue.
Main amended motion to approve carried 6 -1 with Brown opposed.
Dawson stated that she was not at the previous Council meeting. A matter failed due to a
split vote. She moved to reconsider the request for authorization for the Executive to award
Bid #99 -43, to the sole responsive bidder, Western Power Equipment, to purchase a truck -
mounted excavator, in the amount of $187,538.66 (AB99 -162)
Brown stated that he used to have responsibilities to work with excavators. They
performed as much ditching as the County does, without using a Grade -All. The County has
four machines, which is outlandish.
Brenner stated that it should not be reconsidered. She believed that Brown should
acknowledge for whom he worked.
Motion to reconsider carried 4 -3 with Brown, Brenner, and Hoag opposed.
Hoag questioned whether it required a certain majority.
Dana Brown - Davis, Clerk of the Council, explained that that a motion to reconsider was
not necessary. A new main motion is all that is required.
Imhof moved to approve the request brought forward from the last meeting.
Regular County Council Meeting, 5/18/99, 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
Brenner stated that people are in dire need of road repairs. The money should be used
somewhere else. It can be leased.
Dawson stated that the County does lease this equipment. This is a replacement.
Brenner stated it could also be contracted.
Imhof stated that there isn't one in Whatcom County.
Hoag stated that she voted against it because the truck - mounted Grade -All cannot be used
for other applications that the County may need it for.
Imhof stated that it is not a truck- mounted excavator.
Mary Ewing, Public Works Equipment Rental and Revolve (ER &R) Manager, stated that
they call it a truck - mounted excavator. It is a fixed unit on the tires.
Hoag stated that she previously asked for the cost of a track excavator to fill other needs.
Because that information did not come forward, she voted against the Grade -All. She made the
same recommendation. Owning four Grade -Alls and no track excavators doesn't make any
sense for the County.
Ewing stated that they now rent track excavators. The Grade -Alls are for work done
alongside the roadway. They didn't feel that the tracks were feasible to put on the road,
requiring a low -boy and extra man - power.
Brown stated that this came up before. The machines used by the State agencies are used
on all roads so that they can go off onto the places that are difficult to get to. The track
excavators fit onto a tilt trailer behind the dump truck, which is going to the site anyway. They
function in emergency services and flood control without having to go to the big machines. The
problem is trying to get people to change habits.
Nelson questioned whether the Grade -Alls are used full -time during the summer. Ewing
stated that they are. They average about 560 hours per year, per machine.
Nelson questioned whether it is for ditching of all County roads. Ewing stated that it is.
Nelson questioned whether there are contractors available to contract this service out. He
believed that contractors wouldn't bid on it because they get better paying jobs during the
summer months. Ewing stated that those discussions have occurred with the private contractors.
Hoag stated that a track excavator could still do the ditching. It does not short the County
of a vehicle. It means that the County will not have to rent a track excavator when one is needed.
Brown stated that the administrators just demonstrated that the machine is used less than
three months out of the year.
Regular County Council Meeting, 5/18/99, 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 questioned why Public Works is against a track excavator. Ewing stated that she
is not against it. She is the Fleet Manager. She purchases the equipment that the departments
say they need. The Grade -Alls have been used over the years for the roadside ditching. The
local contractors provide a track excavator. It is an item the County rents, which they believed
was the wish of the County Council.
Imhof stated that the County usually rents a much bigger machine. These are mainly for
ditching. The excavators are used for flood work and other similar jobs, and are about twice as
big.
Dawson questioned whether the Grade -All is more versatile. Imhof stated that they have
different applications.
Ewing stated that the Grade -All is used for roadside ditching. The track excavator are
larger and used on river projects, placing rock, and off -road purposes.
Brown stated that the Grade -All are not versatile. The County does rent large excavators
for rockwork and emergency services. The State used to use the same type of equipment. They
switched to the track excavators after the same types of discussions. They are more versatile.
Looking at the hours, the County is not using four machines for the entire year. They are being
used less than three months of the year. They need better planning.
Imhof stated that 560 hours is more than three months. It is part of a program. The
Council looks at the program and what it is doing. There are four ditching crews. The Council
okayed the current program. The versatility in the Grade -All is in ditching. A couple of years
ago, the Council decided not to buy an excavator because of the extra expense. The County does
not use that much. They are tougher on the roads than a wheeled machine and are used for
specific jobs.
Hoag stated that there is always a truck going to the site to take away the material. There
is no extra crew involved. Also, the type of excavator that the State uses are the smaller models,
not the larger model that was proposed to the Council and turned down. The smaller ones are
being effectively used by the State for the same activities. She wanted more versatility on what
they have, so they don't have to rent out as often.
Brenner stated that Imhof's numbers on the hours used are wrong.
Brown stated that it is close to three months. In addition, the track excavator can be
maneuvered as well as a Grade -All. They don't need a fourth Grade -All.
Hoag stated that she would look at the price of a small excavator for approval.
Motion to approve the purchase failed 3 -4 with Imhof, Nelson, Dawson in favor.
3. APPOINTMENT TO DEMING DIKING DISTRICT #2 VACANCY (AB99 -139)
Regular County Council Meeting, 5/18/99, 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
45
46
Nelson moved approval of Art Anderson.
Motion carried unanimously.
4. RESOLUTION FORWARDING A WHATCOM COUNTY FIRE PROTECTION
DISTRICT #8 RESOLUTION TO THE WHATCOM COUNTY AUDITOR (AB99 -170)
Hoag moved approval. She questioned whether this is a voluntary or paid position.
Nelson stated that they receive a per meeting stipend.
Brenner stated that it is going to the voters to decide.
Hoag questioned whether it has to be done by a special election.
Dana Brown - Davis, Clerk of the Council, stated that the Auditor would have to answer
that question.
Brown stated that the reason for the special election was so that people would fill the
positions during the general election, if it the resolution were approved in a special election prior
to the general election.
Brenner stated that this is a pass - through request from the Fire District to the voters. She
questioned whether it makes a difference if the Council did not approve the request. Brown -
Davis stated that it has to come from the County Council to be included on the ballot.
Motion carried unanimously.
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPOINT THE
FOLLOWING APPLICANTS TO THE DEVELOPMENTAL DISABILITIES
ADVISORY BOARD: FRANCES ARMINTRAT AND ALLISON HAHNEL — TERMS
EXPIRE DECEMBER 31,1999; KENNETH HALOWI AND JANET MCCRARY —
TERMS EXPIRE DECEMBER 31,2000; AND TODD CHILDS AND DICK
JACOBSON — TERMS EXPIRE DECEMBER 31, 2001 (AB99 -181)
Brenner moved approval by acclamation. They have increased the number of consumers
on the Developmentally Disabled Advisory Board. It is important to have consumers on these
boards.
Motion carried unanimously.
INTRODUCTION ITEMS
Brown moved to accept the Introduction Items.
Regular County Council Meeting, 5/18/99, 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
Motion carried unanimously.
1. ORDINANCE ESTABLISHING W14ATCOM COUNTY VOTING PRECINCTS
(AB99 -182)
2. ORDINANCE REGARDING ESTABLISHING PARKING CONTROL ON BIRCH
BAY DRIVE AND BIRCH POINT ROAD (AB99 -183)
3. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY TITLE
20 ZONING TEXT AND MAP (AB99 -184)
4. RESOLUTION AMENDING THE WHATCOM COUNTY 1999 ANNUAL ROAD
CONSTRUCTION PROGRAM (AB99 -185)
5. ORDINANCE AMENDING 1999 BUDGET, REQUEST #4 (AB99 -186)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Brown stated that there was a letter from the Western Washington University veterans
group asking that the Council support Veterans' Day being celebrated on the actual day instead
of in December.
Dawson suggested he see if there is a majority interest.
Brenner stated that she participated in a mental health town hall meeting as a
governmental representative. The most important issue discussed was about the stigma attached
to mental illness. She would like a similar presentation given to the County Council. Mental
illness is an equal opportunity disease.
Hoag stated that the County Council staff was not involved in the review, update, and
editing of the Comprehensive Plan. They have been publicly blamed for this. They are an
excellent staff that performs above and beyond the call of duty. The public should know that the
Council staff is not at fault here.
Sutter stated that Planning Committee discussed the review of Comprehensive Plan. She
also doesn't blame anyone on staff. Errors are understandable. Steps are being taken and
verbatim transcripts are to be done on three meetings prior to adoption of the Comprehensive
Plan. Also, there is a work session on Development Regulations on Friday, June 4 at 9:45 a.m.
in the County Council Chambers. A second work session will be held Thursday, June 10 at 9:45
a.m. in the County Council Chambers.
Sylvia Goodwin, Planning and Development Services Planning Manager, stated that the
Development Regulations can be adopted any time after June 15, not on June 15.
Regular County Council Meeting, 5/18/99, 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
Nelson asked about Council Member Brown's request, and proposed that a letter be
written. The Council should not ask the administration at Western Washington University do
anything but recognize the concern about Veteran's Day being recognized on the day it was
intended.
Brenner stated that she was unsure how it was conveyed there were intentional mistakes
in the Comprehensive Plan. Some of the Council members took that plan very seriously. As
soon as she heard about any problems, she felt like they were bombarded that it was their fault
they didn't see anything in all of the paperwork. It is important that they are only human and
there was a lot of paperwork. The Council responded quickly to correct any incorrections. She
didn't like being attacked.
F1 11 mu a0
The meeting adjourned at 9:15 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on September 21, 1999.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Marlene Dawson, Council Chair
Regular County Council Meeting, 5/18/99, Page 15