HomeMy WebLinkAboutPublic Works July 28 19981
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WHATCOM COUNTY COUNCIL
Public Works and Capital Projects Committee
July 28, 1998
The meeting was called to order at 1:00 p.m. by Committee Chair Barbara Brenner in the
Council Committee Room, 311 Grand Avenue, Bellingham, Washington.
Also Present: Absent:
Marlene Dawson None
Tom Brown
COMMITTEE DISCUSSION
1. DISCUSSION REGARDING THE POINT ROBERTS VOTER REGISTRATION
ISSUES (AB98 -202A)
(Clerk's Note: This item was dealt with second on the agenda)
Brenner stated that she received info from Dave Niles of the Point Roberts Voters
Association regarding discrepancies within the voting procedures.
(Clerk's Note: A recess was taken until 1:25 p.m)
David Niles, 254 Elizabeth Drive, Point Roberts, stated that the purpose is to not only
emphasize Point Roberts, but also to improve and tighten up the voter system. There are
different types of lists that exist in the voter's role, including the active list. He questioned
whether there is a time element from becoming an active voter to a non - active voter.
Shirley Forslof, County Auditor, stated that a person becomes non - active when mailed
information is returned from the post office as non - deliverable. A notice is sent to a new address
if a change of address is received. The voter stays on inactive list for two federal elections, at
which time they are cancelled. In the poll book, they are listed as inactive. If they vote, they
will be asked for a current address. To become active is to confirm that their address is correct.
Public Works and Capital Projects, 7/28/98, Page 1
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Niles stated that they had 80 labels left over from the Point Roberts active list.
Forslof stated that the Point Roberts Voters Association active list is out -of -date. She
went through all of their returned information and verified the status of each individual.
Forslof stated that the 1997 vote -by -mail stadium election gave them an opportunity to
update about 15,000 addresses. Next year, a match has to be done. She will be coming forward
to the Council for funding for that.
Brenner stated that it is not the taxpayers' responsibility to pay for the Auditor to track
down a registered voter's address. She wanted to change that system.
Niles suggested that they come up with a way to use the last four digits of a social security
number as a way to identify a person as a voter. That legislation is currently before the State legislature.
Forslof stated that would be easy to implement.
Brenner questioned how they would determine whether that the four digits are really the last four
digits of their social security number.
Niles stated that the State can't make voter registration regulation more stringent that the federal
regulations, because the local jurisdictions conduct federal elections. Congress stated that they will
consider allowing a portion of the social security number be used as an identifier.
27 2. DISCUSSION REGARDING VIDEO TAPING OF COUNCIL MEETINGS (AB98 -283)
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Brenner stated that Barbara Ryan, Bellingham City Council, Craig Hayes, Cable
Television Administrative Board, and Lynn Barton, volunteer, were present for the discussion.
Other members of the board were also present. There was a similar meeting at the Bellingham
City Council the previous day. They decided to set some money aside to hire someone to tape
meetings on an interim basis.
Dawson stated that she did not want to appropriate any more money on items that are not
directly related to the health and welfare of the public. In this situation, private business should
support this.
Brown stated that he wanted to lobby that private industry support this cost. He
questioned the City's justification for setting money aside to videotape their meetings.
Brenner stated that she did not want to be without the meetings being taped. She
suggested that the Council members pay for the cost out of their expense accounts. The estimate
was at $75 - $100 per Council meeting.
Karen Frakes, Senior Civil Deputy Prosecutor, stated that she would look into whether
the Council can use their expense account money.
Public Works and Capital Projects, 7/28/98, Page 2
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Brenner stated that she also wanted an update from the Cable Board.
Brown stated that the shows are becoming very popular.
Craig Hayes, P.O. Box 399, Bellingham, stated that the franchise agreement with TCI
provides for the upgrading of the cable system, which they are doing. The other part of the
Board's actions has to do with the public /education/governmental (PEG) programming. Lynn
Barton has volunteered many, many hours. If the County wants this broadcast, they must pay for
it. The franchise agreement states that TCI must have up to five channels available for public
television. It calls for a $375,000 grant from TCI to provide equipment and space. In 1997,
Whatcom County received a franchise fee of $192,000. The City and County are able to
increase the franchise fee for the purposes of funding public productions. By the time the system
is upgraded, at the end of 1998, they hope to contract with a third party access provider who will
be responsible for coordinating and facilitating local productions, including government
meetings. The people that are watching the show are paying the County for the franchise fee. It
is not like they are taking money from elsewhere.
(Clerk's Note: End of tape one, side A)
Hayes requested a County staff person be aware of and involved with the Board. Brenner
suggested that Harry Skinner, Facilities Management Manager, may be the best person.
Brenner questioned whether the County is responsible for ensuring that the TCI cable
lines are okay.
Jeff Monsen, Public Works Director, stated that they only manage the right -of -ways. The
permit charge is separate from the franchise fee. There is not any financial transaction with the
Public Works Department.
Brenner stated that funds from the cable franchise fee should go toward any cable issues.
She questioned whether there are any costs that the County has incurred by entering into the
franchise agreement. Monsen stated that Public Works has not been directly involved in that.
Brenner stated that if there are costs, then they should be taken out of the franchise fee
that the County receives. After that, the remainder was intended for cable access.
Hayes stated TCI has agreed to put up $375,000. Since the agreement was entered into,
no one has come forward to be the access provider.
Brown stated that he is concerned about the long -range issue. In other areas of the
country, there have been problems with publicly funding access programs that are questionable,
yet are protected under the First Amendment.
Dawson questioned the qualifications needed for an access provider. Hayes stated that
the Request for Qualifications (RFQ) that they sent out indicated that they need a non -profit
entity to coordinate and facilitate at least 40 hours per week of broadcasting on TCI cable
Public Works and Capital Projects, 7/28/98, Page 3
I channel 10. It was intended to be very general. They are at the beginning stages of this and need
2 people to come forward with ideas. There are people that are interested.
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4 Brenner moved to work with administration on finding a way to fund the videotaping of
5 the Council meetings on an interim basis and to have a presentation by the Board about where
6 the Board is at and what the options are.
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8 Motion carried 2 -1 with Dawson opposed.
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10 Brenner asked Russ Nelson, TCI, to describe what they do.
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12 Russ Nelson, TCI Studio Operations Manger, stated that both the cities of Anacortes and
13 Oak Harbor did not include public access in their franchise because of the same concerns that
14 Brown expressed regarding questionable programming. Oak Harbor did just government access.
15 They can make their own rules about what they program.
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17 Hayes stated that channel 10 will no longer be just classified ads. They will include
18 information about government schedules.
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20 Barbara Ryan, Bellingham City Council, thanked the County Council for considering this
21 issue. It is important for the retired population.
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23 Brenner moved to request information from the administration about the amount the
24 County receives as a franchise fee and the amount of the costs that are incurred through the
25 franchise agreement.
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27 Marlin Prowell, Cable Television Administrative Board, stated that the County charges a
28 4% franchise fee, which was $190,000 for 1997. The $190,000 is going into the County's
29 general fund.
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31 Dawson stated that she would like to reconsider the motion to work with administration
32 on finding a way to fund the videotaping of the Council meetings on an interim basis and to have
33 a presentation by the Board about where the Board is at and what the options are.
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35 The committee concurred to reconsider to the motion.
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37 Motion carried unanimously.
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40 3. WORK SESSION TO DISCUSS COMPLETION OF IMPROVEMENTS TO VAN
41 WYCK ROAD AND PROPOSED RECOVERY OF IMPROVEMENT COSTS
42 THROUGH LATECOMER REIMBURSEMENTS IN PREPARATION FOR PUBLIC
43 HEARING TO BE HELD ON AUGUST 11, 1998 (AB97 -413B)
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45 Brenner stated that there were letters from Jeff Monsen, Public Works Director, and George
46 Leonard, area resident, about the proposal.
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Public Works and Capital Projects, 7/28/98, Page 4
I Cyndi Anderson, 347 Van Wyck, clarified that George Leonard's letter was written regarding
2 the draft proposal. Since then, they have received the formal proposal that has a public hearing date
3 scheduled. This meeting is to inform the Council members about what is going on.
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5 Dan Gibson, Senior Civil Deputy Prosecutor, stated that the committee can recommend changes
6 to the proposal.
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8 Jeff Monsen, Public Works Director, stated that the official notice is what is before the
9 committee. Anything that occurs before the committee will be presented to the full Council as
10 suggested amendments or alternatives. Significant amendments that are increases would require a new
11 public hearing.
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13 (Clerk's Note: End of tape one, side B)
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15 George Leonard, area resident, stated that he put up a significant amount of money on the
16 project. He questioned the mechanism for establishing credit for money spent. If he can get two or
17 three parcels exempted because of his initial expense, then he would be happy. He has a total of four
18 parcels.
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20 Monsen stated that he has tried to make an objective calculation of issuing credit. He struggled
21 how to shift the savings to a different property owner or to the public.
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23 Brenner stated that the latecomer policy should specify that this issue is unique and is not
24 reflective of the latecomer policy.
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26 Monsen stated that it would be easier to work on something specific to these properties. He was
27 not able to come up with an objective formula. The decision is a subjective one.
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29 Brenner requested that Monsen work on options.
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31 Brenner suggested that Anderson get together with Monsen and Leonard to come up with
32 various options for that particular case. Monsen responded he couldn't come up with an
33 objective way to shift the burden to a different property.
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35 Leonard stated that it would not be fair to shift the burden to another property in the area.
36 Brenner stated it would have to be shifted to someone. It should be spread out over the general
37 public.
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39 Brown stated that as long as they are narrowing the road, the expense of the culverts will
40 be reduced.
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42 Dick Prieve, Public Works Maintenance and Operations Manager, stated the culvert
43 would be on the other end of the road.
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45 Leonard stated that he won't attend the hearing due to a vacation that he has scheduled.
46 He will submit written comments.
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Public Works and Capital Projects, 7/28/98, Page 5
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(Clerk's Note: The committee adjourned.)
4. 1999 INTEGRATED ROADSIDE VEGETATION MANAGEMENT PLAN FOR
COMMITTEE REVIEW AND RECOMMENDATION IN ACCORDANCE
WITH WCC 12.48.020 (AB98 -300)
(Clerk's Note: This item was dealt with first on the agenda)
Dick Prieve, Public Works Maintenance and Operations Manager, stated that this is
brought forward before the Council annually. There are a few more dollars, but otherwise the
program is the same.
Brown questioned whether the County still does wildflower seeding and tilling. Prieve
stated that they do.
Brown stated that it seemed to be expensive, but would be difficult to get out of doing.
Prieve stated that they only do it every 3 -4 years.
Brown stated that there is a corner of the road in the Deming area that has been cleared.
He questioned whether the purpose of the clearing was for better sight or for planting. Prieve
stated that it was for improved sight distance.
Ken Hudsen, Public Works Vegetation Crew Manager, stated that every season they get
requests to cut that grass because it would get up to 6 — 7 feet high. It is very laborious to
maintain. Instead, they put in low growing flowers. They will plant on the fall planting.
Brown moved to recommend approval.
Dawson questioned whether there have been safety issues raised on the depth of the
ditches. Prieve stated that they have not been an issue. They are trying to stop over - excavation
of ditches. The depth amount generally ranges from 2 to 2.5 feet from shoulder of the road.
Brown stated that, years ago, a ditch had to be cleaned no matter what. He hopes that
they will look at the spots where there is definite build -up.
Motion carried unanimously.
(Clerk's Note: The committee began discussion of item #1 on the agenda)
ADJOURN
The meeting adjourned at approximately 3:15 p.m.
Public Works and Capital Projects, 7/28/98, Page 6
2 Jill Nixon, Record Transcription
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4 ATTEST:
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10 Dana Brown- Davis, Council Clerk
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barbara Brenner, Council Member
Public Works and Capital Projects, 7/28/98, Page 7