DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes.

WHATCOM COUNTY COUNCIL

Regular County Council

June 4, 2002

The meeting was called to order at 7:00 p.m. by Council Chair L. Ward Nelson in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.

Present: Absent:

Barbara Brenner None

Laurie Caskey-Schreiber

Sam Crawford

Seth Fleetwood

Dan McShane

Sharon Roy

ANNOUNCEMENTS

Nelson announced that there was discussion regarding the unrepresented employee salary resolution (AB2002-225) and discussion with a representative from the Whatcom County Prosecutor’s Office regarding pending litigation (AB2002-018) in executive session during the Committee of the Whole meeting.

OPEN SESSION

The following people spoke:

Mike Kaufman, 1620 Huntley Road, stated they are going to have a discussion about the electrical transmission line moratorium ordinance. The Utility Committee will meet to discuss that issue tomorrow. Another issue before the committee is Initiative 490, which he wrote in the early 1990’s. An existing corridor is the value of what exists in that corridor. Sumas Energy 2 (SE2) is trying to run high voltage power down a public right-of-way. Right now, 115,00 volts don’t exist in that public right-of-way, so it would not be a 115,000 volt corridor. Just because electricity goes along a corridor, it doesn’t mean industrial or transmission power should go in that corridor. There should be some way of identifying corridors by the amount that’s in it.

Brenner asked if the amount in a corridor is the maximum or average amount. Kaufman stated 115,000 volts below 100 megawatts is distribution. The Utility Committee meeting is tomorrow from 4 p.m. to 6 p.m. at the Planning Department offices at Smith and Northwest roads. The meeting is open to the public.

Elizabeth Kilanowski, Bellingham, stated that she is opposed to remounting the Jefferson Davis Monument. She worked on civil rights issues in the south during the 1980’s. The name of Jefferson Davis is on the lips of every white racist who seeks to deny civil rights to people of color. It is embarrassing and repugnant to honor an avowed racist as a hero.

Lesa Starkenburg-Kroontje, 114 Front Street, Lynden, stated the Council has been discussing the commercial composting regulation change. She is in favor of the proposal from the Planning and Development Committee regarding composting. With the change to the ordinance that will be recommended by the committee, the Council will address the concerns of the small composters in Whatcom County, as well as some of the unintended consequences that come out of the agricultural regulations regarding farm composting. She urged the Council to approve the interim ordinance with the committee’s change.

MaryLee Rustand, Security Specialists Plus Preferred Animal Care (SSP-PAC) 1641 Baker Creek Place, Bellingham, stated it is important to have two animal shelters in Whatcom County. She supports both shelters. She compared the reports for the City of Bellingham with the reports for Whatcom County in 2001. In 2001, SSP-PAC took in 1,500 strays and 220 owner-released animals. That is a total of 1,720 animals. The number of rescued, claimed, and adopted animals was 932 out of the 1,720 animals that came into the shelter. The number of animals euthanized was 785.

According to the Humane Society report to the City of Bellingham for 2001, the number of strays and owner-released animals was not reported. The total number of animals that came into the Humane Society shelter was 1,813. The number of animals adopted, rescued, or claimed from the Humane Society shelter was 331. The number of animals euthanized was not reported.

It is important to have two shelters. She asked for the Council’s serious consideration when the contract comes before the Council later in the month.

Greg Rustand, Security Specialists Plus Preferred Animal Care (SSP-PAC), stated a letter was submitted to the County Council from the Humane Society in 1996 regarding the problems they were having. In 1996, their contract was for approximately $250,000. They were able to generate $253,000. That money was taken back into the shelter to help the animals. The SSP-PAC contract is for approximately $291,000. He generates close to $67,000. The total budget is $371,000. The total profit he made is $8,500. The other money that SSP-PAC gains goes back into the shelter.

These shelters are needed. Whatcom County has a problem. Forty to forty-five percent of the animals in this county belong to people who care for their animals. The owners of the other 55 percent don’t care. SSP-PAC takes care of the problems that those people don’t care about. The animal control laws in Whatcom County are not strong enough and are not enforceable. He would like to continue the contract for animal control, but it takes a team effort. The population of the area is growing, which affects the county and the other cities, which are having the same problems. It’s been three months and one week, and he would like resolution to the contract status. He would like to continue the contract, and believes that SSP-PAC is doing a good job for the County.

Caskey-Schreiber stated SSP-PAC doesn’t have a spay-neuter program for the shelter. Rustand stated every animal that they adopt out is spayed or neutered.

Caskey-Schreiber stated a constituent contacted her and said that a dog was adopted from the shelter and gave birth to pups, two months later. The constituent returned the dog and pups to the shelter, and was quite upset. Rustand stated that when the animal came it, they didn’t know that the animal was pregnant. They have to wait until puppies are a certain age before they can be spayed or neutered. Their veterinarian makes that determination. SSP-PAC will make a reservation for the animal to be spayed or neutered by a veterinarian when it is old enough.

Nelson asked if SSP-PAC has a spay/neuter policy. Rustand stated they do. When an animal is adopted, it is spayed or neutered within the proper time limits.

Brenner asked if this animal looked like it was too young. Rustand stated that is correct. There is a time limit with cats and dogs. They have to grow to a certain point. After that point, they have to be taken in and spayed or neutered.

Brenner asked if someone determined that this dog was too young.

Caskey-Schreiber stated the dog was seven years old. Rustand stated the pups were the biggest concern.

Jan Greco, Security Specialists Plus Preferred Animal Care (SSP-PAC) Assistant Director, stated the dog they are referring to is named Kayla. When Kayla came into the shelter, she was very young. She was already pregnant, and Dr. Perry didn’t realize it. Kayla is a lab mix. Kayla was ten months old. She stayed with the shelter for a really long time. The situation was a misfortune. SSP-PAC scheduled her for being spayed when she gave birth. That is the only time that has ever happened. SSP-PAC has a mandatory spay/neuter requirement. She is the one who makes sure that is done. Now, she is sending animals out prior to adoption for a spay or neuter, because they work regionally with Pet Shelter, which is an internet function they have on a website. It is done very, very well, so the animals are going out prior to adoption. If the animals are too young, less than four months of age, they are scheduled for a spay or neuter at the time they are old enough. Dr. Perry provides that service for SSP-PAC. It is mandatory that every animal be spayed or neutered that comes into a shelter. She always makes sure that is done. Kayla’s situation was a very sad ordeal. SSP-PAC worked it out with the people who adopted her. She took the puppies back and found them all homes. They were all spayed and neutered. Kayla was ten months old, not seven years old.

Joe Deeny, 2104 Wilson Avenue, Bellingham stated he is in favor of the resolution supporting the moratorium on marine salmon net pens. They do not know the total extent yet of the farmed salmon. There are PCB’s in the feed. The waste devastates the marine life on the ocean floor below the ocean pens. There is a concern about mixing with wild salmon. There are many reasons why this resolution should be approved.

He is the vice-chair of the Whatcom Human Rights Task Force. He also supports the resolution opposing a memorial to Jefferson Davis in the Peace Arch State Park. It is repugnant and embarrassing that they would honor a man who was a racist, supported slavery, and who led the confederacy in the worst war on American soil. The councilmembers are representatives of the citizens of Whatcom County. In that regard, they should support all citizens in Whatcom County. There are many people in history who they can honor and who have worked for inclusion, not racism or separatism. This is not just a matter of symbolism or historical revisionism. It is totally appropriate that Whatcom County take this resolution seriously and ask that the memorial not go back in and that the State rename the highway.

McShane stated the salmon net pen moratorium issue would be discussed at the Council’s July 16, 2002 meeting. The Northwest Washington Straights Commission will provide a presentation and take a position on the moratorium. The Council is going to take its time with it, so it can put together something that is good.

Judy Buchanan, 2317 D Street, supports the proposal opposing the Jefferson Davis memorial and to rename the highway. She is in favor of a plaque that talks about the history, but they should not honor this man. It is offensive to citizens of Washington and Whatcom County.

Sherry Jubilo, Bellingham, stated she supported the resolution opposing the Jefferson Davis. There is confusion between that and renaming the highway. She collected signatures on a petition put forward by the National Association of Black Veterans. It is a petition to rename Highway 99, now known as the Jefferson Davis Memorial Highway. Remove the markers designating Washington State Route 99 as the Jefferson Davis Memorial Highway. Rename Highway 99 the William P. Stewart Memorial Highway. William P. Stewart was an African-American veteran on the Union side of the war. The markers were removed partly because people were worried that they might be damaged. The State’s park personnel publicly said that they would be put back up on the walking path. She was told that they weren’t going back up, but that has never been publicly stated. The public statement was that the marker would be put up on the walking path.

Brenner asked if William P. Stewart is from Washington. Jubilo stated he is. He is from Snohomish County. He has descendants who are still active in Whatcom County. He was one of 16 African-Americans who lived in the State of Washington at the point that it became a state. If Jefferson Davis had his way, Washington wouldn’t be a state.

Brenner stated the State Department of Transportation understands that the marker is not going back up. Jubilo stated a public statement of that would be good.

David Hunter, 819 Mason Street, stated he would speak on the resolution regarding the Jefferson Davis memorial. It may seem self-evident that Jefferson Davis is not a person that Whatcom County should support. It is ironic that the Peace Portal Park would be the place where the man who initiated the most brutal war in history in the United States should be commemorated. The people of Washington have throughout history indicated an opposition to slavery. Jefferson Davis supported slavery. Whether or not the State intends to continue that memorial, the County Council should provide some leadership on this issue. The County Council has an opportunity to take a position against supporting people who make war, their commemoration in a peace park, and the grave damage done to the country through slavery.

CONSENT AGENDA

Crawford reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one and three through five. Item two was withdrawn by the administration.

Motion to approve Consent Agenda items one and three through five carried unanimously.

1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #02-32 TO THE LOWEST RESPONSIVE BIDDER, AGGREGATES WEST, TO PROVIDE FOR CRUSHED AGGREGATE TO BE DELIVERED AND STOCKPILED AT LUMMI ISLAND, IN THE AMOUNT OF $68,702.08 (AB2002-217)

2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT BETWEEN WHATCOM COUNTY AND FIBER CLOUD TO PROVIDE BAND WIDTH AND ½ CABINET FOR WHATCOM COUNTY’S INTERNET CONNECTION, IN THE CONTRACT AMOUNT OF $28,940 (AB2002-218)

3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A BID AWARD WITH THE BELLINGHAM HERALD TO BE DESIGNATED AS WHATCOM COUNTY’S OFFICIAL NEWSPAPER AND AUTHORIZE THE EXECUTIVE TO SIGN THE CONTRACT WITH THE BELLINGHAM HERALD (AB2002-219)

4. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NOS. 998006/998007 AND THE AWARD OF CONTRACT FOR THE LAKE TERRELL ROAD AND MOUNTAIN VIEW ROAD WETLAND MITIGATION PROJECT, TO THE LOWEST RESPONSIVE BIDDER, HENIFIN CONSTRUCTION L.L.C., IN THE AMOUNT OF $137,270.38 (AB2002-220)

5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER IN TO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR THE MARINE RESOURCES COMMITTEE 2002 ACTION GRANT TO PROVIDE FUNDING FOR FORAGE FISH, BOTTOM FISH, DATA MANAGEMENT AND COMMUNITY PARTNERSHIP PROJECTS, IN THE AMOUNT OF $50,000 (AB2002-221)

OTHER ITEMS

1. REPORT ON COMMITTEE DISCUSSION REGARDING THE WHATCOM COUNTY PURCHASE OF DEVELOPMENT RIGHTS PROGRAM PROPOSAL (AB2002-216)