City Council

Mount Vernon City Council Regular Meeting Minutes October 12, 2011 The meeting was called to order by Mayor Norris at 7:00 p.m. Present: Mayor Norris, Councilmembers Fiedler, Lindquist, McMullen, Molenaar, Ragan, Quam and Urban Staff Present: Assistant Public Works Director Love, Community and Economic Development Director Hanson, Senior Planner Lowell, Building Official Prosser, Finance Director Huschka, Parks and Recreation Director Otos, City Attorney Rogerson, Police Chief Bergsma, Fire Chief Hari, Special Projects Administrator Stendal Citizens Present: One hundred-twenty CONSENT AGENDA A. Approval of October 12, 2011 Claims numbered 122581, 122582, 122586 – 122744 in the amount of $1,769,997.73. Councilmember Urban moved to approve the claims as presented. Motion seconded by Councilmember Quam. Motion carried 7-0. REPORTS A. Committee Report: Public Safety: see committee agenda and minutes for details B. Community Comments:  Ryan Mathis, Burlington resident, said he works with immigrants and his main job is family support services. It is important to maintain a relationship with local police and having U.S Immigration and Customs Enforcement (ICE) involved will deter from that. He will not feel confident in referring mixed status families to the police. ICE is not a program you opt out of once you start using it.  Jaime Esquivel, Mount Vernon resident, expressed his thanks for the opportunity to address the issues regarding ICE. He has researched the ICE program and immigration laws are already in place. The ICE program has limited resources; who is going to pay for this? This is not a new program and will be a waste of money. The immigration community is not a problem.  Jose Medina, Mount Vernon resident, stated that everyone wants a secure community but it doesn’t seem like Mount Vernon is a secure community. He added that he doesn’t understand why the program is called secure communities when it doesn’t make the community more secure. The parks and recreation fields are closed for almost 9 months and the children who want to play there are getting kicked out of the park. He has made many calls to 911 and gone to the office to ask why the children are being asked to leave but he has not received an answer. Mount Vernon City Council October 12, 2011 Page 2 of 6  Jose Ortiz, Burlington resident, said he has been a long time member of the community and it is hard not to focus on what’s been happening locally. He inquired to Mayor Norris why he invited ICE here; it isn’t his place. He is very concerned about criminals, but at the same time, if they are going to arrest people and hold them until ICE gets there that would overfill the jails and local criminals would be freed. The ICE program is scaring a lot of the farm workers away and several growers have come to him for help in finding farm workers.  Maria Corona, Bellingham resident, stated she works with migrant families in the summer. The secure communities program does not take into account the actual status of a person nor does it look at individual cases. This creates family separations and fear against the government.  Josefina Beecher, Burlington resident and local priest in Mount Vernon, said she is thoroughly engaged with the Hispanic community and helps by teaching the rules of the road and other laws. She expressed concern about implementation of this program prior to the mandatory implementation by 2013. This community doesn’t need to get involved at this point. This program may take away the victim and she is concerned about individuals that will be affected by this. For instance, if a mother is a victim and is determined to be illegal what will happen to her child that is a citizen?  Nadia Alma, Bellingham resident, said she helps run a class for migrant families. Students are struggling in the schools, living in extreme poverty and they come from mixed immigration status families. Instead of breaking up families there needs to be more funds for schooling.  Kirsten White, Mount Vernon resident, said that the City of Mount Vernon slogan “Mount Vernon - Get a Great Life” should say Viva La Raza, which means “long live the people” in Spanish. This area is famous for the tulip festival and who picks and tends those tulips, the farm workers. This is not a picture of a secure community.  Ramiro Aviles, Mount Vernon resident, stated that everybody wants a secure community but ICE makes the Mexican people fear. The local cops do a good job. A lot of mixed status families have been broken up by immigration.  Consuelo Gaundique, Mount Vernon resident, stated that she lived here many years and works with local migrant farm workers. Her office was authorized by INS to assist in the process of immigration status. In 1986 there was not a family unity. What is Homeland Security, INS and ICE going to do. Who decided that this program is okay to do? She added that if she had a vote she would not vote for it because it breaks up families.  Juan Jose Maldonado, Lynden resident, said that he has been in this area for 21 years. It is not new to see police hand over people without immigration papers. He has worked for 15 years, paid taxes and never received even a penny back. If this program is applied more crimes will go unpunished because people will be afraid to call the police. He added that he respects the law but his biggest fear is when he might cross the fine line and become a criminal. A secure community is to be able to leave his house at night without fear of asking for help from the police.  Brian Hill, Mount Vernon resident, stated that he finds himself in an unusual position by supporting what Mayor Norris is doing. People didn’t listen to the presentation; only hard criminals are finger printed, not traffic infringements or victims.  Faviola Lopez, Mount Vernon, said that she has lived here for 7 years and is disgusted with what is going on in our community. Key programs that are important to the community have lost funding. She would have appreciated the opportunity to ask questions of the ICE officials. Who will pay for the care of the children from deported parents? Mount Vernon City Council October 12, 2011 Page 3 of 6  Carol Edward, Mount Vernon resident, stated she is a practicing immigration lawyer and is familiar with secure communities. We have to remember that we are all immigrants. The broad base of people that come here, come here for a better life. There is a lot of misunderstanding regarding this program. It isn’t just felony crimes, it is broad and will capture anyone who is fingerprinted. There are a lot of bugs in the system and until the bugs are worked out it shouldn’t be adopted until it is mandatory.  Gilberto Estrada, Arlington resident, said that the ICE people already left because they don’t want to hear the truth. He said his grandfather came over illegally and is now a citizen. Families are being broken up. Fix the program before using it. This program breaks the peoples trust in the police.  Manuel Reta, Ferndale resident, stated that the community has spoken. It is important to keep communication open with the community that supports the council. Anytime someone has their fingerprints taken they could be deported if the ICE program is in place.  Shirley Arridia, Mount Vernon resident, said that she was a daughter of a mother who came over illegally and who now has legal status. Her mother came here to make a better life for her children. The criminal rate is going to go up. Put yourself in our position; this program breaks up families.  Nina Martinez, Everett resident, said to listen and support the Latino community. This is not a city decision; it is a decision for the sheriff and he is not here tonight.  Arylea Hadley, Mount Vernon resident, stated that federal databases don’t work out the way they are planned. It would be wise to fix the program first and then implement when it is mandatory.  Richard Bowyer, Mount Vernon resident, questioned why this hearing is going on and said that maybe it is a case of ‘some doth protest too much’ to quote Shakespeare. He added his thanks for having this education opportunity and supports the sheriff’s decision.  Herb Oberg, Skagit County resident, said that he supports Mayor Norris. He has been in law enforcement for many years. He added that law enforcement officials cannot pick and choose which laws to enforce. If you come in to the country illegally it doesn’t make you a bad person but you are here illegally.  Karla Ayala, Mount Vernon resident, stated that her goal is to become an obstetrician. She said she doesn’t understand why ICE is here and that the city should respect the sheriff’s decision. A lot of people talk about the community being divided. People will not speak up when crimes occur; they will be afraid of the police. This will not be secure for the children. This will not be a secure community for me.  Silverio Vivanco, Burlington resident, said that he was an undocumented person when he came to this country many years ago. Whenever you go to a Mexican restaurant it is the flavor of the Latino community. Five minute break called. C. Councilmember Comments: none D. Mayor’s Report: none E. Committee Agenda Requests: Mount Vernon City Council October 12, 2011 Page 4 of 6 None. UNFINISHED BUSINESS None NEW BUSINESS A. Out of State Travel Request - Fire: Fire Chief Hari explained that this request is to send a Fire Officer to the National Fire Academy from January 29 to February 3, 2012 for training. Councilmember Lindquist moved to approve the out of state travel request by the Fire Department. Motion seconded by Councilmember Fiedler. Motion carried 7-0. B. EMS Commission Request for Proposal: (This item moved from item G.) Fire Chief Hari stated that the EMS Commission sent a request for proposal to the local cities in Skagit County for ambulance transportation. After completing much research the proposal developed from the City of Mount Vernon would improve the ambulance service. It would not operate the way it is currently being ran; it would be staffed as needed and improve the fire protection to the surrounding districts. It would also implement criteria based dispatch which will improve EMS services and provide a quicker, more consistent response. It will also provide better unit-hour utilization ratios, immediate surge capacity, broader scope of training, increased supervision and evaluation of field personnel, efficient use of revenues, no duplication of fixed facilities, no duplication of administration, no duplication of management and oversight, combines first response and transport vehicles in many cases, more flexibility in staffing, and a greater depth of resources. In short there is no downside to the city providing ambulance service. A discussion ensued. He would like to respond to the EMS Commission with a letter of interest that also requests more information of service expectations. Councilmember Urban inquired what the timeline will look like. Fire Chief Hari said that once the letter is sent it will go to commission in two weeks and he would expect that a decision could be made in January or February. Councilmembers gave consent to send the letter of interest. C. Closed Record Public Hearing – Hayes Expansion of a Non-Conforming Building LU11- 032: Ms. Lowell stated that this request is for construction of a 22 foot by 36 foot post and roof only storage area that will be connected to an existing post frame accessory building located at 317 McCormick Lane. In the buildings existing state it exceeds the allowable square footage for accessory buildings and must go through a special permission process to enlarge the non-conforming building. Mayor Norris opened the closed record public hearing. Hearing no comments Mayor Norris closed the public hearing. Councilmember Ragan moved to approve the expansion of the non-conforming building LU11- 032. Motion seconded by Councilmember Lindquist. Motion carried 7-0. Mount Vernon City Council October 12, 2011 Page 5 of 6 D. Closed Record Public Hearing – 2011 RA Rezone Request Application LU11-001: Ms. Manville-Ailles explained that this rezone request is for 187 parcels located throughout the city that are currently zoned Residential-Agriculture (R-A) to be consistent with each parcels comprehensive plan designation. Mayor Norris opened the closed record public hearing. Hearing no comments Mayor Norris closed the public hearing. Councilmember Urban moved to adopt Ordinance 3547 approving the 2011 RA Rezone request application LU11-001. Motion seconded by Councilmember Fiedler. Motion carried 7-0. E. Preliminary Plat Extension Request – Summerlynd Preliminary Plat LU06-020: Ms. Hanson said that this preliminary plat extension request is for Summerlynd Preliminary Plat LU06-020. At this time the site remains undeveloped. Ordinance 3479 approved in January 2010 allows three additional years for final plat development in the current challenging financial times. Councilmember Quam moved to approve the preliminary plat extension for Summerlynd Preliminary Plat LU06-020. Motion seconded by Councilmember Lindquist. Motion carried 7-0. F. Preliminary Binding Site Plan Extension Request – Skagit I-5 Business Park LU06-069: Ms. Hanson stated that the request is to allow an additional three years to complete the Skagit I-5 Business Park LU06-069 Binding Site Plan. This request is consistent with Ordinance 3479 as mentioned in the previous item. Councilmember Lindquist moved to approve the preliminary Binding Site Plan extension request by Skagit I-5 Business Park LU06-069. Motion seconded by Councilmember Ragan. Motion carried 7-0. G. Acceptance of Work – North 4th Street Improvements Project: Mr. Love explained that SRV Construction, Inc. has satisfactorily completed the North 4th Street Improvements Project in the amount of $605,716.46. The original amount of the project was $490,859.75 but during construction unmarked water and sewer lines were discovered that required additional work in the amount of $114,856.71. Councilmember Lindquist moved to accept the work on the North 4th Street Improvements Project by SRV Construction, Inc. not to exceed $605,716.46. Motion seconded by Councilmember Molenaar. Motion carried 7-0. The meeting was convened into executive session at 8:53 p.m. and estimated to last 45 minutes. H. Executive Session – Code Enforcement Action, Real Estate Acquisition and Pending or Potential Litigation: Mount Vernon City Council October 12, 2011 Page 6 of 6 The meeting was reconvened into regular session at 9:38 p.m. There being no further business the meeting was adjourned at 9:38 p.m. SUBMITTED BY: ______________________________________________ Lori J. Kimbriel, Recording Secretary ATTEST: ______________________________________________ Alicia D. Huschka, Finance Director APPROVE: ______________________________________________ Bud Norris, Mayor