HomeMy WebLinkAboutCouncil February 10 20151 WHATCOM COUNTY COUNCIL
2 Regular County Council Meeting
3
4 February 10, 2015
5
6 CALL TO ORDER
7
8 Council Chair Carl Weimer called the meeting to order at 7:00 p.m. in the Council
9 Chambers, 311 Grand Avenue, Bellingham, Washington.
10
11 ROLL CALL
12
13 (7:01:34 PM)
14
15 Present: Barbara Brenner, Ken Mann, Sam Crawford, Carl Weimer, Pete Kremen,
16 Rud Browne and Barry Buchanan.
17 Absent: None.
18
19 FLAG SALUTE
20
21 ANNOUNCEMENTS
22
23 Weimer announced that this is Councilmember Crawford's last meeting. He
24 presented a plaque of appreciation and thanks from the councilmembers and staff.
25
26 MINUTES CONSENT
27
28 Brenner moved to approve Minutes Consent items one and three.
29
30 The motion carried by the following vote:
31 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
32 Nays: None (0)
33
34 1. SPECIAL COMMITTEE OF THE WHOLE FOR OCTOBER 14, 2014
35
36 2. SPECIAL COMMITTEE OF THE WHOLE FOR OCTOBER 23, 2014
37
38 This item was withdrawn from the agenda and will be rescheduled at a later date.
39
40 3. SPECIAL COMMITTEE OF THE WHOLE FOR NOVEMBER 12, 2014
41
42 OPEN SESSION
43
44 The following people spoke:
45 . Greg Brown stated he thanks Councilmember Crawford for his help and
46 wishes him well in his new career.
47 • Larry Helm spoke about Nooksack River pollution and cleanup efforts.
48 • Seth Fleetwood stated he wishes Councilmember Crawford the best of luck.
49
50 CONSENT AGENDA
51
52 Browne reported for the Finance and Administrative Services Committee and
53 moved to approve Consent Agenda items one through seven.
Regular County Council Meeting, 2/10/2015, Page 1
1
2 Brenner withdrew item five.
3
4 Mann withdrew item six.
5
6 Motion to approve Consent Agenda items one through four and seven carried by the
7 following vote:
8 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
9 Nays: None (0)
10
11 1. RESOLUTION ACCEPTING THE TREASURER'S LIST OF PETITIONS FOR
12 PROPERTY TAX REFUNDS (AB2015 -058)
13
14 2. RESOLUTION CANCELING UNCOLLECTIBLE PERSONAL PROPERTY TAXES
15 (AB2015 -059)
16
17 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
18 CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE
19 DEPARTMENT OF SOCIAL AND HEALTH SERVICES FOR MENTAL HEALTH
20 PROMOTION AND SUICIDE PREVENTION SERVICES, IN THE AMOUNT OF
21 $65,000 (AB2015 -060)
22
23 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
24 LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND COMPASS HEALTH, A
25 WASHINGTON HEALTH CARE PROVIDER, FOR THE PURPOSE OF LEASING
26 THE FACILITY LOCATED AT 3645 E. MCLEOD ROAD, IN THE AMOUNT OF $10
27 PER YEAR FOR THREE YEARS (AB2015 -061)
28
29 S. RESOLUTION REQUESTING COUNCIL APPROVAL FOR AN INTERLOCAL
30 AGREEMENT FOR PARTICIPATION IN THE WHATCOM COUNCIL OF
31 GOVERNMENTS (AB2015 -062)
32
33 Browne reported for the Finance and Administrative Services Committee and
34 moved to approve the resolution.
35
36 Brenner stated the Council only received this copy, without showing the previous
37 version. She requested, but did not receive, a copy of the changes from the previous
38 agreement.
39
40 Jack Louws, County Executive, stated the Council of Governments had the original
41 and sent the changes to the County, which Deputy Prosecutor Dan Gibson reviewed and
42 approved. He was unable to obtain a copy of the changes this afternoon. If the Council
43 wishes to hold this item, he can get that information for Councilmember Brenner.
44
45 Brenner stated the attorney reviews it for form, not for a decision on whether it
46 should change from the previous version. She appreciates that the Executive tried to
47 explain the changes, but she would really like to see the changes.
48
49 Louws stated the staff at the Council of Governments specifically asked the
50 Bellingham attorney and the County attorney to go through the agreement word -by -word.
51 The County attorney made specific changes and notes. He is more than happy to get the
52 agreement to the Council.
53
Regular County Council Meeting, 2/10/2015, Page 2
1 Brenner stated the attorneys look at the agreement for a certain reason, not to
2 determine if it's the right approach. It's about form. She appreciates that the attorneys
3 made changes, but she would still like to see the agreement that shows the changes. When
4 the Council is asked to approve something that is changed, they usually or always get to
5 see the changes. She would like to see it, even if it's not a big deal.
6
7 She moved to hold in Council until the administration provides a copy showing the
8 changes.
9
10 The motion failed by the following vote:
11 Ayes: Brenner and Mann (2)
12 Nays: Crawford, Browne, Buchanan, Weimer and Kremen (5)
13
14 The motion to approve carried by the following vote:
15 Ayes: Crawford, Browne, Buchanan, Weimer and Kremen (5)
16 Nays: Brenner and Mann (2)
17
18 6. REQUEST AUTHORIZATION FOR THE APPROVAL OF THE CITY OF
19 NOOKSACK'S SUPPLEMENTAL REQUEST FOR ADDITIONAL EDI FUNDING IN
20 THE AMOUNT OF $180,000, AS RECOMMENDED BY THE EDI BOARD, AND
21 AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AMEND THE INTERLOCAL
22 AGREEMENT WITH THE CITY OF NOOKSACK TO REFLECT THE ADDITIONAL
23 MONIES (AB2015 -063)
24
25 Browne reported for the Finance and Administrative Services Committee and
26 moved to approve the request.
27
28 Mann stated he is against the request because the cities should pay for their own
29 wastewater and water treatment plants. Those costs are on the people of the city, not the
30 people of the rest of the county. Also, delaying the project by a year and a half and having
31 the project cost go up by 50 percent is dramatic. These huge increases over a short period
32 of time raise questions.
33
34 Weimer stated he shares the concerns but he supports the request. There used to
35 be a lot of grant money available for these types of wastewater treatment plants through
36 the State Department of Ecology, but a lot of that money is dried up, so a small city like
37 Nooksack has a hard time coming up with the money. Many of the cost overruns were out
38 of the City's control, because this is actually in Everson.
39
40 Brenner stated the Economic Development Investment (EDI) Board recommended
41 this request. She has faith in what they're doing and why they're doing it. This is very
42 necessary to create more business. Nooksack will grow, and the extra water is needed to
43 create more business.
44
45 Browne stated he supports this, but EDI money should be directed to projects that
46 create jobs instead of building wastewater treatment plants, unless it's directly tied to job
47 growth.
48
49 Mann stated the EDI standards and the Nooksack application indicate this treatment
50 plant is for the entire city and all the residents. Economic Development Investment money
51 is meant for something that is tied to jobs. The EDI handbook examples allow a wastewater
52 treatment plant for a business park, but not for an entire city to make up for maintenance
Regular County Council Meeting, 2/10/2015, Page 3
1 or to expand. He also voted against the one for Lynden. If they justify this, then they can
2 justify anything as meeting the EDI purpose. They should be more selective.
3
4 Brenner stated a city can't have business if there isn't water. They can't put in any
5 new businesses and grow without upgrading the water. She also supported the request
6 from Lynden, which the EDI Board also recommended.
7
8 The motion to approve carried by the following vote:
9 Ayes: Brenner, Crawford, Browne, Buchanan, Weimer and Kremen (6)
10 Nays: Mann (1)
11
12 7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
13 RESIDENTIAL LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND
14 MATTHEW AND LAUREN GRUND FOR THE NESSET CARETAKER HOUSE
15 LOCATED AT 6176 SAXON ROAD, IN THE AMOUNT OF $485 PER MONTH
16 (AB2015 -064)
17
18 OTHER ITEMS
19
20 1. RESOLUTION RECOGNIZING THAT LEED (LEADERSHIP IN ENERGY AND
21 ENVIRONMENTAL DESIGN) "SILVER" CERTIFICATION FOR THE NEW ]AIL
22 AND SHERIFF'S HEADQUARTERS IS NOT FEASIBLE (AB2015 -047A)
23
24 Browne reported for the Finance And Administrative Services Committee and stated
25 this item has been postponed until next year.
26
27 Crawford stated planning will go forward without the jail thermal pump, final
28 decisions don't need to be made at this stage.
29
30 Brenner stated someone testified that the County can develop the LEED without the
31 geothermal pump. Tyler Schroeder will work on that. They will also get a presentation on
32 LEED standards versus Eagle standards.
33
34 2. ORDINANCE AMENDING WHATCOM COUNTY CODE 3.08, PURCHASING
35 SYSTEM (AB2015 -042)
36
37 Browne reported for the Finance And Administrative Services Committee and stated
38 this item is held in committee until the last meeting in March.
39
40 Brenner stated she is opposed to the project -based system that allows the Council
41 only one review and doesn't require Council approval of the contracts. There's no
42 transparency for the public. The public would choose transparency over efficiency.
43
44 3. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S REAPPOINTMENT
45 OF DAVID KINCHELOE, MIKE MASSANARI, LARRY RICHARDSON, MARK
46 MCDONALD AND NEW APPOINTMENT OF RACHEL HERMAN (COX) TO THE
47 NORTH SOUND MENTAL HEALTH ADVISORY BOARD (AB2015 -066)
48
49 Browne moved to confirm the appointments.
50
51 The motion carried by the following vote:
52 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
53 Nays: None (0)
Regular County Council Meeting, 2/10/2015, Page 4
1
2 4. APPOINTMENT OF INTERIM COMMITTEE MEMBERS TO SERVE ON THE
3 COUNCIL'S NATURAL RESOURCES AND FINANCE AND ADMINISTRATIVE
4 SERVICES COMMITTEES UNTIL THE SOON -TO -BE COUNCIL DISTRICT 2
5 VACANCY HAS BEEN FILLED (AB2015 -021)
6
7 Mann volunteered to serve on the Finance and Administrative Services Committee.
8
9 Browne volunteered to serve on the Natural Resources Committee.
10
11 S. COUNCIL TO APPROVE AN INTERVIEW AND NOMINATION PROCESS FOR
12 FILLING THE SOON -TO -BE VACANT DISTRICT 2 POSITION ON THE
13 WHATCOM COUNTY COUNCIL, USING THE COUNTY CODE AND COUNTY
14 CHARTER AS GUIDANCE (2015 -071)
15
16 The councilmembers each indicated whether they wanted to receive the applications
17 all at once or as they are submitted.
18
19 Weimer stated they must decide on what to do at the meeting on March 3. He
20 suggests having applicants attend the Council meeting to give a five - minute stump speech.
21
22 Browne stated he would also like an opportunity to reach out and speak to the
23 applicants.
24
25 Mann stated he agrees. He would also like to meet them in private to have a
26 personal conversation and get to know them.
27
28 Kremen stated he prefers the public process rather than meeting behind closed doors
29 individually.
30
31 Buchanan stated he likes a combination of both processes.
32
33 Kremen stated he agrees with a combination of processes, but the public process
34 should come first. After the applicants have spoken to the Council in public, it would be
35 good to go to lunch or coffee.
36
37 Browne said there must be a conversation to allow applicants to talk to
38 councilmembers and ask about the requirements of the job and what it's like to be a
39 councilmember.
40
41 Brenner moved to appoint on March 17 and to give all candidates the opportunity
42 for comments, with a five - minute limit, on March 3. People can meet with them as soon as
43 the Council receives an application.
44
45 The motion carried by the following vote:
46 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6)
47 Nays: None (0)
48 Abstains: Crawford (1)
49
50
Regular County Council Meeting, 2/10/2015, Page 5
1 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
2
3 1. APPOINTMENT TO FILL A VACANCY ON THE LUMMI ISLAND FERRY
4 ADVISORY COMMITTEE - RESIDENT /PROPERTY OWNER VACANCY,
5 APPLICANT: STU CLARK (AB2015 -044)
6
7 Brenner moved to appoint Stu Clark.
8
9 The motion carried by the following vote:
10 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
11 Nays: None (0)
12
13 INTRODUCTION ITEMS
14
15 Mann moved to accept the Introduction Items.
16
17 Browne withdrew item one.
18
19 The motion to accept Introduction Items two through five carried by the following
20 vote:
21 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
22 Nays: None (0)
23
24 1, ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 AND THE
25 COMPREHENSIVE PLAN REGARDING SURFACE MINE PERMITTING, THE
26 MINERAL RESOURCE LANDS DESIGNATION PROCESS, AND MINERAL
27 RESOURCE LANDS DESIGNATION CRITERIA (AB2014 -344)
28
29 Browne submitted a handout (on file) and moved to include the changes proposed
30 by Civil Deputy Prosecutor Karen Frakes. He read the changes into the record.
31
32 Brenner stated she will support the motion, but will pass along a concern from Peter
33 Willing. These kinds of concerns should be discussed in committee.
34
35 Kremen stated he appreciates Councilmember Browne's astuteness, but it's very
36 atypical and not customary to take action on an Introduction Item. This is the second time
37 they've done so. The agenda explicitly says the Council will take no action. In this
38 particular instance, there isn't a problem with it, but there's no need to take any action on
39 any Introduction Item. Any necessary changes are done when the Council takes up the
40 issue before the public and in committee. He appreciates Councilmember Browne's work,
41 but there's no compelling reason to take action on any Introduction Item.
42
43 Weimer stated the Council asked legal counsel to review the language and present
44 ideas. This item should have been scheduled in committee to have this discussion today.
45 It's scheduled for a hearing on March 3. If they didn't make the changes this evening, had
46 another hearing, and then made the changes, the Council would have to have another
47 hearing.
48
49 Brenner stated the Council has introduced substitute ordinances that have been been
50 amended and changed for clarification on the record. They aren't taking action.
51
Regular County Council Meeting, 2/10/2015, Page 6
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Kremen stated amending is the same as taking action. This is the second time
they've taken action on an Introduction Item. He understands the urgency and rationale for
taking action, but it would have been nice to be apprised that this needed to be done.
Browne stated his motivation is to maximize transparency and get the changes out
there for the public to review.
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6)
Nays: Crawford (1)
The motion to accept for Introduction as amended carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
2. RECEIPT OF APPLICATION FOR THE SURFACE MINING ADVISORY
COMMITTEE, SURFACE MINING MATERIAL USER REPRESENTATIVE,
APPLICANT: KYLE STRENGHOLT (AB2015 -044A) (APPLICATION DEADLINE
FOR ANY OTHER APPLICANTS TO THIS VACANCY IS 10 A.M. ON FEBRUARY
24, 2015)
3. ORDINANCE AMENDING THE 2015 WHATCOM COUNTY BUDGET, SECOND
REQUEST, IN THE AMOUNT OF $2,364,947 (AB2015 -067)
4. ORDINANCE AMENDING (AMENDMENT NO. 1) ORDINANCE NO. 2013 -060
ESTABLISHING THE STATE STREET BUILDING ACQUISITION AND
IMPROVEMENT FUND AND RELATED CAPITAL BUDGET APPROPRIATION
(AB2015 -068)
S. ORDINANCE AMENDING WHATCOM COUNTY HEALTH CODE WCC 24.13,
DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING OR STORAGE
SITES (AB2015 -069)
COMMITTEE REPORTS
Buchanan reported for the Natural Resources Committee on the presentation by
Washington State Department of Fish and Wildlife and discussion of the Puget
Sound Nearshore Ecosystem Restoration Project (PSNERP) (AB2015 -057).
Mann reported for the Planning and Development Committee on the briefing
relating to the 2016 Comprehensive Plan Update and Urban Growth Area Review
process (AB2015 -065).
Browne reported for the Finance and Administrative Services Committee on the
update and status of the new County website from the County Executive. He also reported
on the recent parliamentary procedure training.
Brenner stated the parliamentary procedure training was fun, but the Council should
decide what changes, if any, are necessary. Also, there has been discussion about changing
the purchasing code. She is working on those changes.
Regular County Council Meeting, 2/10/2015, Page 7
1 OTHER ITEMS AND COUNCILMEMBER UPDATES
2
3 Kremen stated he attended an annual gathering hosted by the Lummi Indian
4 Business Council, which was well attended. It was an opportunity to meet with other
5 elected officials and work together to develop relationships. Lummi Nation Chairman Tim
6 Ballew invited him to distribute honor coins to the County councilmembers who were unable
7 to attend.
8
9 Brenner stated the Council was invited to All American Marine Inc. in Fairhaven. It's
10 an incredible business. She was invited to ride on one of their brand new ferries.
11
12 Browne stated he hosted a meeting last week with Executive Louws, Councilmember
13 Weimer, the Mayor, and representatives from the Lummi Nation to try to identify areas
14 where their interests are closely aligned and set up a program to spend time working on
15 those issues. Also, this Friday is the 200th anniversary of the U.S. signing and ratification of
16 the Treaty of Ghent. There will be a celebration at the Peace Arch.
17
18 Buchanan stated he wishes Councilmember Crawford well.
19
20 Mann stated he also wishes Councilmember Crawford well.
21
22 Kremen stated it has been an honor to work alongside Councilmember Crawford,
23 who will be missed.
24
25 Jack Louws, County Executive, stated he thanks Councilmember Crawford for his
26 service to Whatcom County.
27
28 Crawford stated he is humbled by everyone's comments. He requested the honor of
29 adjourning the meeting.
30
31 Weimer passed the gavel to Councilmember Crawford, who adjourned the meeting.
32
33 ADJOURN
34
35 The meeting adjourned at 8:05 p.m.
36
378 Thttko b ` - 4,uncil approved these minutes on March 31, 2015.
39 .....
40 ATT EST; •. �Gtl �% WHATCOM COUNTY COUNCIL
41 ' 2I'�}' y�* WHATCOM COUNTY, WASHINGTON
42 r � c CD
43
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46 Dank rows' Darts, "Cgu�0 Clerk Carl Weimer, Council Chair
47 NOV
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50
51 Jill Nixon, Minutes Transcription
Regular County Council Meeting, 2/10/2015, Page 8