HomeMy WebLinkAboutCouncil May 4 19992
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WHATCOM COUNTY COUNCIL
Regular County Council
May 4, 1999
The meeting was called to order at 7:00 p.m. by Council Vice -Chair Tom Brown in the
Council Committee Room, 311 Grand Avenue, Bellingham, Washington.
Also Present:
Kathy Sutter
L. Ward Nelson
Connie Hoag
Barbara Brenner
Robert Imhof
ANNOUNCEMENTS
Absent:
Marlene Dawson
Brown announced that the Committee of the Whole had a discussion with Jim Darling,
Port of Bellingham, to update the Council regarding projects planned for 1999 and
direction for future Port projects and partnerships (AB99 -159)
Brown also announced that there was discussion with Senior Civil Deputy Prosecutor
Karen Frakes regarding GMA issues (AB99 -019) in executive session.
APPROVAL OF MINUTES
APPROVAL OF MINUTES FOR THE FOLLOWING MEETINGS: COMMITTEE OF
THE WHOLE — MAY 13 AND 20, 1997, AND APRIL 20,1999; COUNCIL — JUNE 3,
1997, AND APRIL 20, 1999.
Imhof moved to approve the minutes.
35 Hoag expressed disappointment that these minutes did not come forward for approval in
36 1997. These were very important tapes. She wanted to be clear that it was not a reflection on
37 Council staff. They do an excellent job. They were directed to hold these minutes up.
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39 Imhof wanted to know who held up the minutes.
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41 Hoag stated that staff told her former Council member Starkenburg directed staff to not
42 transcribe those minutes. These did not come forward until February 1998. At that time, they
43 came forward with incorrect information. At that time, she pulled the minutes from the agenda
44 and asked that they be corrected. When the corrections were made, they were not brought before
45 the Council for approval. When she asked why, staff told her that Council Member Imhof
46 directed them to make it a low priority.
47
Regular County Council Meeting, 5/4/99, Page 1
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Imhof stated that was a lie. Either she got bad information or it is a bold -faced lie. He
questioned who gave her that information.
Hoag stated that staff gave her that information.
Motion carried unanimously.
Hoag stated that when those minutes were corrected and approved, she compared them to
the Comprehensive Plan. The Comprehensive Plan is incorrect. It does not reflect what was
actually decided at these meetings. They need a process for staff to go back through the
corrected minutes and get the corrections made in the Comprehensive Plan.
Brown stated that this discussion should be done under Other Business at the end of the
meeting.
Brenner moved that it be referred to Planning and Development Committee.
Nelson stated that these minutes were from work sessions.
Sutter stated that what happened at work sessions did not necessarily reflect what
happened on the floor that night.
Brown stated that they would have the discussion under Other Business.
OPEN SESSION
The following people spoke:
Bob Seaman, Custer, stated that he had a problem with his neighbor, Beacon Battery.
The Health Department did not notice a problem with the business on their visit, but they worked
with him on his complaints. They agreed that the guidelines established in 1993 for the battery
operation were not being followed. New guidelines were established and he is pleased with the
outcome. His remaining problem is regarding parking and easement. There is insufficient
parking at this business. Planning and Development Services were supposed to ensure there
would be adequate parking when the facility was expanded. He was told this is a civil dispute.
Brown questioned whether this is an issue to be referred to the committee.
Michael Knapp, Planning and Development Services Director, stated that they have been
there and have been advised that it is a civil matter. He doesn't know how else to address it
other than to have more visits at the site for more observation. When people park in the
easement, it becomes a civil matter. They can't do anything other than observe.
Sutter questioned whether the County, outside of the court, has enforcement of easement
violation. Knapp stated that they don't. The Prosecutor has already advised him.
Regular County Council Meeting, 5/4/99, Page 2
I Brenner stated that she would be glad to put it in Public Works Committee. She
2 questioned whether Seaman believed it is a civil matter. Seaman stated that it has already gone
3 to court once. He didn't understand why they want him to go back to court for the same thing.
4 The court says that there should be no parking on the easement.
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6 Knapp stated that it is not a County enforcement matter.
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8 Brown recommended that they discuss this with the attorney and see what options are
9 available.
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11 Knapp stated that they are happy to go out there to observe the situation, but they cannot
12 enforce what he is asking them to enforce.
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14 Brenner stated that the administration said that they would handle it. She asked if they
15 could get copies of correspondence when the administration handles something that is brought
16 up in open session.
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18 Sutter stated that she would talk to Dave Grant, Senior Civil Deputy Prosecutor.
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20 Dave Wareing, Deputy Administrator, stated that this is an administrative matter. It is a
21 civil dispute between two people. He will talk to the Prosecutor and handle it. He will respond
22 back to the Council.
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24 Sutter asked if he has ever contacted the Sheriff. Seaman stated that the Sheriff told him
25 it was a civil matter.
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27 Hoag stated that Seaman should contact her if it is not resolved to his satisfaction.
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29 Wareing stated that this is a civil dispute on private property. There is no public
30 enforcement capability. In a case like this, the solution is unfortunately between the two
31 disputants. There is no issue that the Council can deal with here.
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33 Brown stated that the administration will look into it and, if needed, the Council will
34 revisit the issue.
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36 Pat Alesse, Birch Bay, stated that the Council did a good job of listening to Seaman. He
37 has had the same questions about lack of parking for businesses. There have also been similar
38 concerns about rights -of -way to the beach.
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40 Nelson stated that the Council could address whether current codes and regulations on
41 rights -of -way are adequate, but not complaints about specific incidents.
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43 Brenner stated that she wanted this issue in Public Works Committee.
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45 Brown stated that it is more appropriate in Planning and Development Committee.
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47 Brenner moved to refer to Planning and Development Committee.
Regular County Council Meeting, 5/4/99, Page 3
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The Council concurred.
Mark Beckwith, owner of Beacon Battery, stated that his business has been established
since 1984 and existed quite efficiently. He has been instructed in battery handling. They grew
by hard work and a good reputation. Mr. Seaman moved in the area in 1991. He maintains the
first 230 feet of the easement. He listed a number of complaints about Mr. Seaman. His facility
is SEPA approved. He is fully permitted. His business has been applauded for his recycling
efforts. They are bonded and insured.
Brenner questioned Beckwith about whether he was comfortable with the information
from the Health Department regarding conditions. Beckwith stated that he was not familiar with
the letter.
Ann McBride, Justice for Children, stated that her organization brought forward
complaints about the Guardian Ad Litem (GAL) program in January. There is a problematic
procedure. There were allegations by citizens against the program. She gave a history of the
issue. The Court stated that they have only received two complaints in ten years. Currently, the
statutes are not being adhered to due to lack of staffing. She read from a portion of a letter from
N.F. Jackson to Council Member Brenner. N.F. Jackson should have taken an oath as Court
Clerk. When this was pointed out that he has not taken an oath, he quickly took an oath and
recorded it. Mismanagement of GALS and the lack of real accountability are related to other
child protection issues. All citizens have the right to be assured that all GALs are trained and
held accountable. There is a serious internal problem. Her organization is receiving support
from local attorneys and law enforcement.
Brenner stated that there was a GAL committee set up in 1996. They will be meeting
again to work with the Superior Court system on this issue.
CONSENT AGENDA
Nelson reported for Finance and Administrative Services Committee and moved approval
of items 1, 2, and 4 through 6. The motion recommended from committee for item #5 was
amended to include a request that the administration continue funding the two deputy positions,
which would service the east County area, through the end of the year.
Brenner removed item 2.
Hoag removed item 5
Motion to approve items 1, 4, and 6 carried unanimously.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #99 -38,
ESTABLISHING A LIST OF VENDORS TO SUPPLY ASPHALTIC MIXES FOR
COUNTY ROAD PROJECTS, IN THE AMOUNT OF APPROXIMATELY $310,000
(AB99 -160)
Regular County Council Meeting, 5/4/99, Page 4
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2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #99 -40, TO
THE LOWEST RESPONSIVE BIDDER, DIEHL FORD, TO PURCHASE THREE
SMALL EXTENDED CAB PICKUP TRUCKS FOR USE BY VARIOUS
DEPARTMENTS, IN THE AMOUNT OF $56,972.08 (AB99 -161)
Brenner requested that any request for new vehicles should specify where the vehicles are
going to go.
Nelson moved to approve.
Motion carried unanimously.
3. REQUEST 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 the County has four Grade -All truck excavators. He questioned
whether any of the excavators includes track excavators.
Mary Ewing stated that the County does not own any track excavators. This request is a
replacement.
Nelson moved to approve.
Hoag questioned whether it would be possible to get a small track excavator more
cheaply so that one excavator would be used to get to difficult places.
Ewing stated that she put forward a request for a mid -size, 220, track excavator that was
turned down by the Council. That request was for $230,000. They have been renting track
excavators.
Imhof stated that anything smaller than a 220 is impractical. They either have to buy at
least a 220 size track excavator or rent it. It can't be brought in on a tilt bed trailer. If they go
any smaller, it would not be big enough to do the river work and other activities that are done
with the track excavator.
Brown stated that the small track excavators are very effective, fast in emergency
situations, and get to places that the wheeled excavators can't get to. He can't support
purchasing a fourth Grade -All.
Hoag stated that she would rather the County purchase a small track excavator because
they are currently renting track excavators. With a smaller track excavator they could work more
efficiently.
Regular County Council Meeting, 5/4/99, Page 5
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Nelson asked what they would do with a small excavator. These Grade -Alls are used
mainly for ditching.
Dick Prieve, Public Works Engineering Maintenance & Operations (M &O), stated that
the state uses theirs for off the right -of -way work. The County works on the road. To work with
a track excavator, they would have to get easements or work from the property side of the ditch
for the ditch work. These are the situations in which they rent equipment.
Nelson questioned the number of hours that they would use it. Prieve stated that they
would not use it enough hours to justify the purchase. Also, they are in the process of signing an
interlocal agreement with the State of Washington to rent from the State at $14 per hour.
Brown stated that is the break -even cost to rent the State equipment. Most of the State
work was not off of the right -of -way. It was to get in and remove drain blockages and also to do
river work. They were very effective.
Motion failed 3 -3 with Brown, Hoag, and Brenner opposed.
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD THE BID AND
ENTER INTO A CONTRACT FOR FISCAL YEAR 1999 APPROVING THE
BELLINGHAM HERALD AS WHATCOM COUNTY'S OFFICIAL NEWSPAPER
(AB99 -163)
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ACCEPT THE NOTICE
OF DECISION BY PARADISE ESTATES TO TERMINATE THE SHERIFF'S
CONTRACT (AB99 -164)
Hoag stated that there was talk about extending the funding through the end of the year.
That request was suggested by administration. The public process would be better served to
bring it back to the Council. At the time this was approved, the agreement was that the positions
would expire when the funding expired.
Brown stated that there was $100,000 that was paid to the County for vehicles.
Dale Brandland, County Sheriff, stated it was $60,000.
Brenner questioned what the people in Paradise are expecting. Brandland stated that he
met with these people and they understand that the positions disappear when the funding
disappears. If Council decides to continue the funding, he would hope they would keep the
deputies east of Nugent's Corner.
Brown stated that there is a need due to the amount of crime in the area.
(Clerk's Note: End of tape one, side A.)
Regular County Council Meeting, 5/4/99, Page 6
I Brown continued to state that it was very wise to keep them on throughout the end of the
2 year. They are already trained. They can decide during the budget process if they should be kept
3 on permanently.
4
5 Nelson stated that the Finance Committee discussed the continuation of the positions.
6 This is where the public process is happening. An option would be to not fill any vacancies that
7 come up in the Sheriff's office. Brandland stated that if that is the case, then they should not
8 approve the positions.
9
10 Hoag stated that she believes that there should be deputies in Paradise, but there needs to
11 be public process.
12
13 Imhof stated that the committee approved an amendment to the request to continue
14 funding.
15
16 Brenner stated that there is a problem in the east County. She wanted the positions
17 continued and discussed further during the budget process.
18
19 Hoag asked that they separate the items. Brown stated that is how it came forward from
20 committee.
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22 Brown called for the question.
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24 Motion to approve as amended carried unanimously.
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26 Nelson clarified that his motion was to accept the notice of decision to terminate the
27 Sheriff's contract, continue funding the two deputy positions through the end of the year, and
28 bring the two positions forward during the budget process for discussion.
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30 Brandland discussed another item regarding Jail Operations (AB99 -167). Over the past
31 two months, significant events have occurred in the jail that could severely impact jail
32 population. The first thing had to do with fire codes and the possibility that the jail could be in
33 violation because there are too many people in certain areas. He met with the City of
34 Bellingham Building & Codes staff. They gave him 90 days to rectify the issue. At this point,
35 they still have 30 days and are waiting for a determination from the City staff about what is
36 going to happen next. Coincidentally, they scheduled a fire drill. During the fire drill, they
37 determined that they do not have the staff to evacuate the jail. They are generally at minimum
38 staffing. There are other things that alarmed them during the drill, but can be easily addressed.
39 Another issue is that a police chief requested that the County accept all of their warrants and then
40 release them. They have done that, however they found that many of the people being booked
41 cannot be released because of the nature of the warrant. In addition, McEachran has told him
42 that he cannot release a person from jail without a court order. Because of these situations, his
43 population went to 250 almost overnight. His overtime budget became too high. He has also
44 been put on notice by the union that they are concerned about the jail safety concerns. Because
45 of the concerns, he capped the jail population at 200. They have gone through a process to make
Regular County Council Meeting, 5/4/99, Page 7
I sure that is a reasonable number. They have also tried to get more people in the alternative
2 programs. They are starting to put higher risk offenders in the alternative programs. The judges
3 and other law enforcement officials will begin to meet to find solutions. One alternative is to
4 close the door and not accept any more offenders from the other jurisdictions. They are fast
5 approaching a felony -only jail.
6
7 Brenner asked what would be wrong with a felony -only jail. Brandland stated that there
8 are a lot of chronic, dangerous, repeat misdemeanor offenders.
9
10 Brenner asked for clarification about taking warrants from the City of Bellingham. She
11 questioned the nature of the relationship and whether he can say no to the City of Bellingham.
12 Brandland stated that is a tool he has. If he doesn't have the space, then he is not under legal
13 authority to accept warrants. He would try to meet everyone fairly.
14
15 Hoag asked what was happening before he agreed to accept other warrants. Brandland
16 described a scenario about how an officer checks an individual for a warrant. They don't arrest
17 people if dispatch says that there is a warrant. The officer must confirm the dispatch's report of
18 a warrant, but the officers have been instructed not to confirm warrants. Prior to accepting other
19 jurisdiction's warrants, the offender was not arrested. This creates a problem of validity of the
20 warrant.
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22 Hoag asked about the possibility of a temporary jail. They talked about having a tent jail
23 in the summertime. Brandland stated that he couldn't do it at the current staffing level. They
24 could do a temporary tent jail in the summer, but it needs staff and services.
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26 Hoag asked about empty buildings in the community. Brandland stated that zoning
27 would not be appropriate for that use. They would require a lot of retrofitting.
28
29 Brandland stated that they will always take felons, domestic violence offenders, sex
30 offenders, harassment offenders, and other serious offenders. If they don't do something to
31 restrict the population, then they will not be able to take those offenders in.
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33 Nelson stated that this will be in Finance and Administrative Services Committee to
34 resolve this problem. There is a criminal justice group working on the issues.
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36 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
37 PROFESSIONAL SERVICES AGREEMENT WITH LINSLEY, KRAEGER
38 ASSOCIATES, LTD. FOR INITIATION OF HYDRAULIC MODEL DEVELOPMENT
39 FOR THE LOWER NOOKSACK RIVER, IN THE AMOUNT OF $31,300 (AB99 -165)
40
41 PUBLIC HEARING
42
43 1. ORDINANCE ESTABLISHING THE SPEED LIMIT ON EAST SMITH ROAD
44 (AB99 -154)
45
Regular County Council Meeting, 5/4/99, Page 8
I Ed Henken, Public Works Engineering Manager, gave a staff reporte and stated that
2 Whatcom County resident Rick Maricle contacted the County Executive's office and requested a
3 review of the speed limits on East Smith Road. He reviewed the speed limits and is prepared to
4 recommend the speed limit be raised the two miles between the Hannegan and Noon Roads,
5 making a uniform 50 miles per hour from Hannegan to the Mt. Baker Highway. Maricle also
6 requested that the two miles between the Hannegan Road and the Guide be adjusted.
7 Engineering did not believe that would be in the public's best interest. It is more of a suburban
8 area with a large number of driveways with restricted sight distances. That is the
9 recommendation
10
11 Brown opened the public hearing.
12
13 Rick Maricle, 3900 E. Smith Road, spoke in favor of the ordinance. He also made a
14 request for the portion of the Smith Road between Hannegan Road and the Guide. He gave a
15 history of the speed limit in the area. He is concerned that a lot of money has been spent on that
16 portion of the road. The narrow road that was there previously was sufficient for 45 mph. If the
17 limit is not raised, then the County has wasted its money. They shouldn't widen a road if the
18 speed limit is not going to be raised.
19
20 Brown stated that part of the upgrade was to bring the road up to all- weather standards
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22 Hearing no one else, Brown closed the public hearing.
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24 Imhof moved approval.
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26 Sutter stated that she doesn't raise the speed limit because roads are widened.
27
28 Brenner moved to include the other portion. There are few places on Smith Road where
29 there isn't good visibility. There should be a warning sign between Hannegan and the Guide
30 saying that there is one area with a limited sight distance. Also, there should be more
31 consistency in determining speed limits.
32
33 Nelson stated that he supported the amendment. If there are problems with sight
34 distances, then there could be warning signs and speed limit restrictions in those areas. His
35 concern was that there are a lot of inconsistently set speed limits, particularly on the major
36 arterial roads. He questioned why Engineering has not recommended that this portion be
37 included.
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39 Henken stated that on this stretch, there are sight distance problems coming from the
40 driveways. When the County speed limit ordinance was passed, the Engineering Division staff
41 drove all of the arterial roads and some of the more heavily traveled non - arterial roads. They
42 checked for sight distances on the road at that time. They are now checking the entering sight
43 distances.
44
Regular County Council Meeting, 5/4/99, Page 9
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Sutter stated that sight distance includes those people entering the road, not just those
traveling on the road. Also, the public hearing was only on the portion published. It will need
another public hearing if they are going to include the portion of Smith Road that was not
recommended.
Brenner stated that there is plenty of sight distance coming out of those driveways.
Having the warning signs would be adequate. Also, there is a problem with creating a road that
lends itself to a certain speed limit, then establishing a speed limit that is too slow.
Brenner withdrew her amendment and asked that the portion be discussed in Public
Works Committee.
Brown stated that there are other places that lend themselves to discussion. Roads have
been upgraded in other areas.
Brenner agreed.
Imhof stated that it is poor public policy to set an arbitrary speed limit without
considering the recommendation from the County's hired professionals.
Motion carried unanimously.
2. ORDINANCE ESTABLISHING THE SPEED LIMITS WITHIN A SCHOOL ZONE
(AB99 -155)
Ed Henken stated that the Whatcom Day Academy is utilizing property in this area. The
ordinance extends the zone southerly.
Brenner asked for clarification on "when children are present." Henken stated that, when
children are visible, the lower limit must be obeyed.
Brenner stated that she wanted a better definition of what that means. Kids use the area
at all hours. She questioned whether the Sheriff would stop someone in a school zone.
Dave Wareing, Deputy Administrator, stated that each department has a different
enforcement philosophy. Generally, someone in violation will get a ticket if the children are
present crossing the road, not necessarily if they are playing behind a fence. It is generally in
force when school is in session.
zone.
Brown opened the public hearing and, hearing no one, closed the public hearing.
Nelson moved approval.
Sutter stated that this is a 45 -mph road in which they are putting in a chunk of a 20 -mph
Regular County Council Meeting, 5/4/99, Page 10
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Motion carried unanimously.
3. RESOLUTION REGARDING THE VACATION OF AN UNNAMED 15 FOOT
RIGHT OF WAY IN ALFS GROVE ADDITION AS PETITIONED FOR BY TOM
WAGGONER (AB99 -104)
Ed Henken, Public Works Engineering Manager, stated that this location is north of the
old ferry dock on Lummi Island. The County has developed a mini -park at the old ferry dock.
There is an alley at the south end of Alfs Edition, owned by the Waggoners. The County did not
know the alley was there. It is partially occupied by the Post office, the Waggoners, and a shed.
State law precludes vacation of roadways to the water. In this case, they have worked out a trade
for a like amount of water property. The Prosecutor feels it is a justified exchange. As a further
complication, the alley was platted off the property to the north. Therefore, if it were a clear
vacation, the Waggoners would still not get any part of the property. They have worked out an
agreement with others to divide the property. They will get the portion of the property that they
are occupying. The people to the north will get the part with the Post Office.
Brenner questioned whether the property that the County would end with up will abut the
County property. Henken stated that it does.
Brown opened the public hearing.
Tom Waggoner, Lummi Island, explained the right -of -way issue with pictures. At one
time in history, it was thought that the right -of -way was vacated, but it was never recorded.
Roger DeSpain, Parks and Recreation Director, stated that Tom Waggoner has donated
much to the County. He has been a real supporter for the general public. He is a fine person to
have in the County.
Hearing no one else, Brown closed the public hearing.
Hoag asked if the deck is a part of the County Park. DeSpain stated that it is.
Imhof moved approval.
Motion carried unanimously.
OTHER ITEMS
1. RESOLUTION ESTABLISHING CITIZEN'S ADVISORY COMMITTEE FOR
SALMON HABITAT RESTORATION PROJECTS (AB99 -157A)
Regular County Council Meeting, 5/4/99, Page 11
I Hoag reported for Natural Resources Committee and stated that the marine resources
2 resolution would be held in committee for two weeks. She moved to recommend approval of the
3 Salmon Citizen's Advisory Committee.
4
5 (Clerk's Note: End of tape one, side B)
6
7 Brown stated that the Council would only confirm the Executive's recommendation of
8 appointments.
9
10 Hoag stated that the legal advice is that the Executive has the authority to bring forward a
11 list of appointments, but the Council has the authority to deny the list. The consensus was that
12 the Council should not appoint the members directly.
13
14 Brown clarified that they can reject the entire list, but not individuals on the list.
15
16 Nelson read the resolution into the record.
17
18 Hoag stated that there is State funding to implement the committee.
19
20 Motion carried unanimously.
21
22 2. RESOLUTION ESTABLISHING A WHATCOM COUNTY MARINE RESOURCE
23 COMMITTEE AS PROVIDED FOR UNDER THE NORTHWEST STRAITS
24 COMMISSION (AB99 -158A)
25
26 Hoag reported for Natural Resources Committee and stated that this item was held in
27 committee for two weeks.
28
29 3. ORDINANCE AMENDING THE WHATCOM COUNTY CHARTER, TO BE
30 SUBMITTED TO THE PEOPLE, REGARDING THE LEGISLATIVE BRANCH OF
31 GOVERNMENT (AB99 -090)
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33 Nelson reported for Finance and Administrative Services Committee and stated that there
34 was no recommendation from committee.
35
36 Sutter stated that she has an interest to forward this to a vote of the people, but the other
37 Council members do not share in her interest to allow the public that right.
38
39 4. ORDINANCE AMENDING THE 1999 BUDGET, REQUEST NO. 3 (AB99 -156)
40
41 Nelson reported for Finance and Administrative Services Committee and stated that the
42 committee unanimously recommended approval. There was an amendment to strike the
43 language in the ordinance regarding the full time employee, "BE lT FUPTHER ORDAINED,
44 .
45 0 e of one position (Adult Coordinator-) in n.,, -ks »
46
47 He so moved.
Regular County Council Meeting, 5/4/99, Page 12
2 Brenner stated that her biggest concern is that the County should not be competing with
3 non - profit organizations, specifically the Boys and Girls Club of Whatcom County. There are
4 already similar programs that exist. Over 2/3 of the money goes to the position, not the kids. All
5 of the Boys and Girls Clubs in the County are doing a merger to work together. They are already
6 targeting the teen groups. Some of the activities in the proposed program are activities that these
7 non - profit groups are already doing. She would like to table this issue. She invited Michael
8 Baker, Boys and Girls Clubs of Bellingham Executive Director, to this meeting. The County
9 should pursue these kinds of programs by working with the non - profit organizations instead of
10 competing with them. They should invite the non - profit organizations to a meeting to see if they
11 are dealing with this program before it is created with taxpayer money. She moved to table to
12 committee.
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14 Sutter stated that she would like to have discussion.
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16 Brenner withdrew her motion to table.
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18 Hoag stated that she would like more information to determine if they are duplicating
19 efforts.
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21 Michael Baker, Executive Director of the Bellingham Boys and Girls Club, 3000 Niagara
22 Street, stated that they have been running youth programs in Whatcom County for ages
23 Kindergarten through Grade 12. There are merger discussions with Ferndale, Blaine, and
24 Nooksack. They are conducting joint programs already. They are specifically looking at the
25 teen issue. The Club has been running late -night teen night programs at the Ferndale location.
26 They will be expanding that to the other locations. They will also establish teen -only hours.
27 Their program costs $15 per year, and that is the only cost. The Club just received money for a
28 new vehicle and will conduct programs at different sites.
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30 Sutter questioned whether the Boys and Girls Club takes kids on outside adventures such
31 as bicycling, rock climbing, canoeing, etc. Baker stated that they host overnight trips to other
32 facilities. They do some outside adventures, but not all, due to liability.
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34 Brenner stated that they do some rock - climbing.
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36 Sutter stated that it seems that the proposed program does things that the Boys and Girls
37 Clubs don't do. They should complement each other. She questioned whether the Boys and
38 Girls Club can serve all the needs of the teens in the County. Baker stated that they are
39 positioned to do that. There are soon to be six facilities that are strategically placed.
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41 Sutter stated that these programs should work together to complement each other. This
42 proposed program also teaches the kids responsibility because they take ownership of the
43 program. She is in favor of the program.
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45 Imhof stated that it is only a pilot program.
Regular County Council Meeting, 5/4/99, Page 13
2 Nelson stated that he was impressed by the leadership and instilling a sense of ownership
3 and community through this program. This program was designed to help them take a leadership
4 role. The idea of ownership is lacking in the community.
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6 Baker stated that they do have leadership programs for the teens. He explained the
7 Keystone program. He said that he did not object to working together with the proposed
8 program.
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10 Brenner stated that it would be a better use of the money to give the money to a non -
11 profit that is already doing these programs. She moved to refer this to committee and invite the
12 Boys and Girls Club administration to the meeting. This should have been done before it came
13 before the Council.
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15 Hoag stated that this should be referred to committee to decide whether to establish a
16 separate County program or fund what is already available. It is not fair to the Parks Department
17 to not have a discussion.
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19 Roger DeSpain, Whatcom County Parks and Recreation Director, stated that is why he
20 talked to the Council Members. They have cooperated with the Boys and Girls Club. This
21 program is different. It is a program where the kids take ownership. They take the kids to the
22 unincorporated areas when the Boys and Girls Club takes the kids to the other cities. This is
23 where they can work within the entire County. He wanted to bring this to the Council as a
24 demonstration, then prove that it can work. They do work with all the other organizations. If
25 this is delayed, they will not have the ability to promote it through the schools because the
26 students will be out of school for summer.
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28 Brenner stated that her request was to contact the groups to see what they have going.
29 She never inferred that the Parks doesn't work with the non - profit groups. There needs to be a
30 public discussion.
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32 Waring stated that this is a Finance Committee issue, and the administration requests a
33 vote up or down now.
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35 Motion to refer to Finance Committee failed 3 -3 with Brown, Hoag and Brenner in favor.
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37 Brenner stated that it is unfortunate that there was not discussion on this item. It is
38 important that the Parks Department promote this with the non - profits. She would not support it
39 at this point.
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41 Nelson stated that there are programs doing good jobs, but this fills a niche. He resented
42 the accusation that the Council members haven't done their information gathering.
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44 Hoag stated that she is supportive of the program, but there hasn't been enough
45 discussion, so she will vote no.
Regular County Council Meeting, 5/4/99, Page 14
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Brown stated that there should be a comparison and it should have been brought forward
during the budget cycle.
Wareing stated that the administration modified their request that it be referred to Finance
Committee.
Brenner moved to refer to Finance Committee.
Wareing stated that this is a good program. If it is going to be successful, then it needs to
move forward. However, if it is going to fail on a split vote, then they would request it go to
Finance Committee.
Brenner restated her motion to refer to Finance Committee.
Sutter stated that there is a motion on the floor to approve the budget item.
There was discussion about parliamentary procedure.
Hoag questioned whether this item can be brought back to committee for discussion and
approval if the budget amendment is voted down at this point.
Sutter stated that it would have to be re- introduced. It would be four weeks before it
could be approved.
Hoag requested a parliamentary inquiry on whether Brenner's motion to refer to
committee supercedes all other motions.
Dana Brown - Davis, Clerk of the Council, stated that referring to committee without
further debate requires a 2/3 vote of approval.
Imhof stated that it was just voted down five minutes ago.
Brenner stated that this may be the way to go, and they may only have to put in into
committee one time, and it would only take two weeks. Otherwise it would take a month to
bring back. She wanted to get questions answered.
Imhof stated that the motion on the floor is to approve the ordinance.
Brenner stated that it can be withdrawn.
Imhof stated that it can't be withdrawn because it comes out of committee.
Motion to approve the ordinance carried 4 -2 with Brown and Brenner against.
Regular County Council Meeting, 5/4/99, Page 15
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Hoag stated that they should have been able to put it in committee. She was not going to
let it die and wait a month for it to come back, when it would be too late.
5. REQUEST AUTHORIZATION FOR PAYMENT OF COUNCIL MEMBER TRAVEL
EXPENSES (AB99 -022E)
Nelson reported for Finance and Administrative Services Committee and stated that
Imhof requested reimbursement for the same luncheon as Dawson. The committee unanimously
recommended approval of Dawson and Imhof s request.
Motion carried unanimously.
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPOINT NANCY
KAYE TO THE PARKS AND RECREATION COMMISSION, FOR HER FIRST,
PARTIAL TERM, REPLACING GARY WILSON (AB99 -166)
Nelson moved approval.
Motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Sutter stated that there was a request from the Mt. Baker Steering Committee that a
Council member be appointed to the committee. She nominated Brown.
Nelson questioned whether it would be a standing committee and whether it needs
official approval.
Brown stated that at this time it is an informal appointment.
Sutter volunteered to stand in as an alternate.
The Council concurred.
Hoag stated that the Natural Resources Committee requested that Nelson's application be
sent to a provincial forestry organization.
Motion carried unanimously.
Hoag stated that she wanted to discuss the minutes.
Sutter stated that she wanted this in the Planning Committee. Any errors should be
submitted to her in writing before the meeting.
Regular County Council Meeting, 5/4/99, Page 16
I Hoag stated that, during the budget process, she requested that there be extra money
2 budgeted for backlogged minutes. That money has not been completely used. She moved that
3 the final Comprehensive Plan be compared to the minutes, using the money allocated for extra
4 staff.
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6 Sutter stated that the minutes approved were from the Committee of the Whole work
7 session and don't necessarily reflect what the Council adopted. The Comprehensive Plan should
8 be compared to the final Council minutes. The tapes need to be reviewed to make sure the
9 minutes are correct.
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11 Hoag stated that she has listened to the tapes. On May 20 during the Council work
12 session, the Council worked out all of the details and language. At the May 20 regular Council
13 meeting, the Comprehensive Plan was moved to be adopted as amended during the afternoon
14 work session, and then adopted.
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16 Hoag moved that the minutes be compared to the final Comprehensive Plan.
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18 (Clerk's Note: End of tape two, side A.)
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20 Brenner proposed a friendly amendment that it be discussed in committee prior to
21 spending the money.
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23 Hoag stated that the Council spent a lot of time working on the Agricultural Mineral
24 Resource Lands (MRL) Study Areas. The language was carefully crafted and said the study of
25 the aggregates in the County for the Agricultural MRL would be done in five years within the
26 adoption of the Comprehensive Plan. The language in the Comprehensive Plan says that it will
27 be done within five years of being identified. It is different language.
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29 The Council concurred to refer to committee.
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31 Imhof reported that he attended the final Legislative Steering Committee meeting. Also,
32 Harvard University accepted him to the Senior Executive in State and Local Governments
33 Program in June. He will be putting the financing together for that.
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35 Sutter stated that she went to the Government Council on Natural Resources in Olympia.
36 They can't decide who gets how much money. Also, she is working on the Barrett Lake
37 restoration. Many State and federal agencies were present at a recent meeting. They are all
38 supportive of the project. They will put together a steering committee to decide the nature and
39 extent of the project. In addition, she and Nelson toured the Kendall fish hatchery. They have
40 four acclimation ponds to rear the fish outside of the hatchery, hoping to turn the hatchery runs
41 back into natural runs. Lastly, she attended a Cascadia Discovery Institute Project meeting
42 regarding the passenger rail and alternative transportation for the Puget Sound area. They are
43 going to install information kiosks at major transportation centers so there are seamless
44 transportation connections.
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Regular County Council Meeting, 5/4/99, Page 17
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Nelson reminded everyone of the Board of Health meeting on Tuesday.
Hoag stated that she went to the Smart Growth conference held in Bellingham and also
the State Department of Natural Resources (DNR) workshop on future use of resources. May 5
is the workshop for the caucuses for watershed planning at the Heiner Conference Center at
Whatcom Community College from 6:30 p.m. to 10:00 p.m.
Brenner stated that she went to the Smart Growth conference. It was a fantastic
presentation. A gentleman spoke who owns underground stores that recycles the energy to heat
and cool the apartments above. Also, she went to the DNR conference. It drew a diverse group
of people together to discuss issues. Jennifer Belcher, Commissioner of Public Lands, said that
she came away with two new ideas from the Whatcom County meeting. One is community
building and the other is shared responsibility.
Brown stated that an interesting litigation process has started regarding the marine
conditions' effect on various species. There is an interest among some counties to endorse that
litigation. He requested that Whatcom County look into the issue and ponder endorsement.
ADJOURN
The meeting adjourned at 9:25 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on June 29 , 1999.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Tom Brown, Council Vice -Chair
Regular County Council Meeting, 5/4/99, Page 18