HomeMy WebLinkAboutCouncil January 27 20151
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WHATCOM COUNTY COUNCIL
Regular County Council Meeting
January 27, 2015
CALL TO ORDER
Council Chair Carl Weimer called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(7:01:54 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Carl Weimer, Pete
Kremen, Rud Browne and Barry Buchanan.
Absent: None.
FLAG SALUTE
CITIZEN BOARD AND COMMITTEE VACANCIES
Weimer announced three vacancies on the Surface Mining Advisory Committee.
ANNOUNCEMENTS
Weimer announced there was a strategy planning discussion and positions to
be taken regarding collective bargaining (AB2015 -018) in executive session during
the Committee of the Whole meeting today.
Weimer also announced there was consideration of appeal of Hearing
Examiner's decision on CUP 2013 -0004, SEP 2013 -0032 & APL 2014 -0011, filed by
BBC Broadcasting, Inc., regarding a request for Zoning Conditional Use Approval to
install a radio communication facility in Point Roberts (AB2014 -343) in executive
session during the Committee of the Whole meeting today.
Mann moved to uphold the Hearing Examiner's decision of the appeal of CUP 2013-
0004, the request for zoning conditional use approval in Point Roberts.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
(Clerk's Note: The Council took a short recess until 7 :09 p.m.)
(7:09:45 PM)
Regular County Council Meeting, 1/27/2015, Page 1
1 MINUTES CONSENT
2
3 Browne moved to approve the Minutes Consent items one through seven, including
4 the substitute pages for the Regular County Council of November 25, 2014.
5
6 The motion carried by the following vote:
7 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
8 Nays: None (0)
9
10 1. COMMITTEE OF THE WHOLE FOR OCTOBER 28, 2014
11
12 2. REGULAR COUNTY COUNCIL FOR OCTOBER 28, 2014
13
14 3. COMMITTEE OF THE WHOLE FOR NOVEMBER 12, 2014
15
16 4. REGULAR COUNTY COUNCIL FOR NOVEMBER 12, 2014
17
18 S. REGULAR COUNTY COUNCIL FOR NOVEMBER 25, 2014
19
20 6. COMMITTEE OF THE WHOLE FOR DECEMBER 9, 2014
21
22 7. REGULAR COUNTY COUNCIL FOR DECEMBER 9, 2014
23
24
25 PUBLIC HEARINGS
26
27 1. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 AND THE
28 COMPREHENSIVE PLAN REGARDING SURFACE MINE PERMITTING, THE
29 MINERAL RESOURCE LANDS DESIGNATION PROCESS, AND MINERAL
30 RESOURCE LANDS DESIGNATION CRITERIA (AB2014 -344)
31
32 Weimer opened the hearing and the following people spoke:
33
34 (7 :12:23 PM)
35
36 Peter Willing submitted a handout (on file) and stated he was a member of the
37 Surface Mining Advisory Committee (SWAC) for about six years. He strongly supports the
38 idea of an environmental review at the beginning of the mineral resource land (MRL)
39 designation process. He also supports the idea of a 2,000 -foot radius for notification of
40 neighbors who may be affected by a mineral resource land designation. One thousand feet
41 is not adequate. He prefers the conditional use process over the administrative approval
42 process. Many gravel mines in Whatcom County have been allowed to become dormant for
43 ten or more years. The Council should do something about those operations before
44 designating more mineral resource lands.
45
46 Meredith Moench submitted and read from her testimony (on file) and referenced
47 Finding 17 regarding the evaluation and review of potential adverse environmental impacts
48 before an MRL is designated. Applicants only have high environmental costs if significant
49 impacts are identified through a determination of significance (DS) decision, which then
50 requires an environmental impact statement (EIS). If the site results in a DS, the
51 applicants should know early on, before making their plans. It's better for all involved to go
52 through this process at the beginning.
53
Regular County Council Meeting, 1/27/2015, Page 2
1 Wendy Harris stated she supports the ordinance, but it should go further. Gravel
2 mines create ecological dead zones. Expand the range of people who are given notice and
3 require a public hearing by Council. Gravel mines create problems with air quality, water
4 quality, and road conditions. Look at what the County requires from gravel mines based on
5 Federal Emergency Management Agency (FEMA) standards, including an onsite wildlife
6 assessment. Require a State Environmental Policy Act (SEPA) checklist that addresses
7 water quality, air quality, and wildlife. The 50 -year review should be changed to 20. They
8 can't keep growing the way they have been growing.
9
10 Suzanne Shull stated she is a member of the Friends of Sumas Nooksack Watershed
11 and supports the ordinance. The Saxon Road expansion appeal resulted in a judicial ruling
12 that the 50 -year supply is a recommendation, not a requirement. Expand the notification
13 area to more than 1,000 -feet. Require a SEPA environmental checklist, which will save
14 money in the long run.
15
16 Rebecca Robertson stated she is a member of Friends of Sumas Nooksack Watershed
17 and supports the ordinance. There are many sensitive areas. Her neighborhood
18 experienced emptied wells, fallen trees, and other detriments from a nearby gravel mine
19 expansion. They were not notified about the expansion. She supports extending the
20 notification area.
21
22 Greg Brown stated he is opposed to the ordinance. The County should identify
23 where mineral resource lands should be. If they require the SEPA up front, they might as
24 well do away with the permitting process. People want to live here, but don't want others
25 to provide the materials necessary to live here. This will stop gravel mining. Stop taking
26 resources away from the county and the jobs that go with them.
27
28 Larry Helm stated he is opposed to the ordinance. Gravel mines produce jobs,
29 contribute tax money, and provide infrastructure. There are fewer sawmills and dairies than
30 there used to be. They need these resources to live.
31
32 Susan Brass stated she supports the ordinance. She is a member of the Friends of
33 the Sumas Nooksack Watershed. It's common sense to require an environmental review
34 before designating land as mineral resource land. She supports an environmental SEPA
35 checklist and expanding the notification area to 2,000 feet or more. The public won't suffer
36 the penalty of undue costs due to detriments from nearby gravel operations.
37
38 James Esik, Granite Construction Company, submitted and read from a handout (on
39 file) and stated the mineral resource lands designation is a much larger issues than the
40 notification requirement and a simple State Environmental Policy Act (SEPA) checklist. The
41 purpose is to protect natural resource lands from competing land uses. Consider all the
42 natural resource industries in Whatcom County, and how they provide jobs now and into the
43 future. Mineral resource land is very important to the aggregate industry in Whatcom
44 county. They support development through the county and beyond. The Council must be
45 familiar with the goals of the Growth Management Act (GMA), including the goal to maintain
46 and enhance natural resource -based industries while striking a balance with the remaining
47 twelve. Quality aggregates are finite resources. Don't limit the amount of area designated
48 for future use. Potential mineral lands can be eliminated by commercial or industrial
49 development, without the vision to protect these properties for the future. Whatcom County
50 should not support language that limits the size of mineral resource designation in forest
51 land and should not preclude the consideration of mineral resource lands where agricultural
52 lands and long -term forestry lands currently exist. The updated Comprehensive Plan should
Regular County Council Meeting, 1/27/2015, Page 3
1 allow for code designation of all natural resource lands to meet the goals of the GMA and to
2 sustain future generations.
3
4 Hearing no one else, Weimer closed the public hearing.
5
6 (7:36:22 PM)
7
8 Brenner moved to adopt the ordinance. All the different types of natural resources
9 aren't the same, and they don't have the same impacts. She moved to a house 30 years
10 ago that was next to an active gravel pit. They were the best neighbors. They restored the
11 land when they were done. She is frustrated that the legitimate concerns of people can't be
12 addressed until the permitting process. Once land is designated, applicants assume they
13 can get a permit. There is a misunderstanding among the applicants about what they need
14 and when it should happen. This amendment helps to address those issues. The
15 amendments won't make the process more costly. If someone is really planning to gravel
16 mine, those costs will be spent up front, which will save money during the second phase of
17 permitting. If they decide not to permit and instead sell the property, the requirements will
18 make their property more valuable. The County should go through the process of
19 designating its mineral resource lands. In the meantime, she can't support an MRL request
20 when she doesn't have the information she needs to make a decision. This isn't the same
21 as the slaughterhouse issue. She needs adequate information to make a fair decision.
22 Some of the findings seemed to be superimposed from something else. They do not
23 adequately explain what the Council is doing and are not accurate. She moved to amend
24 finding 20 to delete the last sentence, ... On the
dpcinnatinn nrnracg_
26
27 The motion to amend carried by the following vote:
28 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
29 Nays: None (0)
30
31 Brenner moved to amend finding 21 to delete most of the finding, "The proposed
32 comprehensive plan amendments may affect the ability of the county and /or other service
33 providers to provide adequate services and public facilities including transportation facilities;
34 theugh net neeessarily thFekigh ... "
35
36 Crawford stated he is against the motion. It's important to note the failure of the
37 recent efforts to designate lands. It's an important point to include.
38
39 Brenner stated she disagrees. With this amendment, applicants would have known
40 up front what really happens, instead of going through a general process that costs money,
41 and then being stopped at the second process. The rest of this does not support the
42 amendment.
43
44 The motion to amend carried by the following vote:
45 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6)
46 Nays: Crawford (1)
47
48 Brenner moved to amend finding 22 to say, "The rate of conversion to mineral
49 resource lands may slow, positively impacting the protection of agriculture and forestry
50 lands." Remove all of the remaining language in finding 22.
51
52
Regular County Council Meeting, 1/27/2015, Page 4
1 The motion to amend carried by the following vote:
2 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
3 Nays: None (0)
4
5 Mann moved to amend finding 33 as is in Brenner's pink handout...
6
7 The motion to amend carried by the following vote:
8 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
9 Nays: None (0)
10
11 Mann moved to amend to delete finding 32. Renumber the remaining findings
12 appropriately.
13
14 The motion to amend carried by the following vote:
15 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6)
16 Nays: Crawford (1)
17
18 Brenner stated include a new finding that says, "MRL designation does not
19 encompass all potential ability for Whatcom County to have aggregate. For example, there
20 will very likely be dredging at the mouth of the river." It bothers her that this whole thing
21 hasn't addressed removing gravel from the river. They will end up doing it with the
22 assistance of the Lummi Tribe. She will write language and make a motion.
23
24 Browne moved to amend to delete the mineral resource land designation general
25 criteria item 15 and amend Exhibit A section 20.73.153(7), "Where the underlying zoning is
26 Rural Forestry or Commercial Forestry, any mineral extraction permit shall include the
27 condition that no greater than 20 acres can be mined within the permitted area at any one
28 time. Additional acreage may only be added after an equal amount of previously mined
29 land has been returned to sustainable productive forest resource condition.
30 on te a new phase,
31 an appreved DepaFtn9ent ef Natural ReseUFees SUFface Mining Reelangatien Perngit-."
32
33 Several mines are already greater than 20 acres. He is concerned that someone will
34 effectively be limited to mining the 20 acres and would have to completely remediate that
35 area before moving on to the next 20 acres. That theoretically includes removing and
36 replacing the roads. Allow people to continue to operate in the areas where they are
37 approved to operate, as long as the area in which they mine at any one time does not
38 exceed 20 acres.
39
40 Mann asked if keeping a road to access new mining areas would count as part of an
41 actively mined area, so the road would eventually take up more and more of the area
42 allowed for mining. He asked if this amendment addresses that concern.
43
44 Browne stated as originally written, the entire 20 acres have to be remediated.
45
46 Weimer asked if this amendment removes it from the designation process, so they
47 wouldn't worry about the 20 acre limit for designation. It would only be about the actual
48 mined area.
49
50 Browne stated a person could have a designation of 100 acres, but be permitted only
51 for 20 acres at one time.
52
53 Weimer stated they would have to reclaim acreage before opening up more area.
Regular County Council Meeting, 1/27/2015, Page 5
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Browne stated that's correct.
Weimer asked if these changes would require a new hearing,
Mark Personius, Planning and Development Services Department, said that's correct.
Weimer asked if it would be a problem to delay concurrent review. Personius said it
would not be a problem.
Brenner asked if the amendment would change the proposal to doing the
environmental review requirement during the MRL designation process or the 2,000 foot
notification area.
Browne stated it would not.
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Crawford moved to amend the language approved in the previous amendment to
Exhibit A section 20.73.153(7), "Where the underlying zoning is Rural Forestry or
Commercial Forestry, any mineral extraction permit shall include the condition that no
greater than 20 acres can be mined within the permitted area at any one time. Additional
acreage may only be added after an equal amount of previously -mined land has been
returned to sustainable productive forest resource condition, less the area of any roads
constructed in previously -mined land, to access a newly permitted area. prier te meving on
Staff mentioned that people involved in this process brought forward this concern.
They are talking about areas that have already been mined for gravel. There is no better
place for an access road for a new area than an area that's already been mined.
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Browne referenced his proposal for a new subsection 8 of section 20.73.153, to
amend policy 8K -8, and a new general criterion for the mineral resource lands designation.
These proposals attempt to make clear the definition of common ownership and have a
common theme. The intent is to work through the issue of common ownership and hold
people accountable if they are out of compliance.
Weimer asked the meaning of the word beneficial' in this context.
Crawford asked why the section specifies one percent.
Browne stated he chose one percent as a minimum threshold.
Crawford stated he's concerned that it's arbitrary and capricious.
Regular County Council Meeting, 1/27/2015, Page 6
Brenner stated specifying a percentage is necessary, and indicates that they intend
to apply it to any common ownership.
Browne stated the word beneficial' tries to capture situations where it may be an
indirect ownership.
Kremen asked if legal counsel could write language that captures what
Councilmember Browne is trying to achieve and is more appropriate and consistent with the
norm for ordinances like this.
Karen Frakes, Prosecutor's Office, stated there isn't a norm for language like this.
This seems unique. She can't offer anything that is an accepted norm.
Personius asked that the Council amend the proposal to insert language about being
in compliance with all operating permits and regulations to new subsection 20.73.153(8), to
include language about being in compliance with all operating permits and regulations.
Browne moved to amend Exhibit A:
1. Add a new subsection to section 20.73.153(8), "(8) When mineral extraction is
proposed on a parcel that was not designated Mineral Resource Lands prior to
January 1, 2015, all existing mines on parcels contiguous to, and held by
more than 1% common beneficial ownership with the proposed mine shall be
in complete compliance with all operating permits and regulations before
extraction of the proposed mine may commence."
2. Amend policy 8K -8, "Policy 8K -8: Expansion of MRL designations to parcels
contiguous to, and held by more than 1% common beneficial ownership with,
an existing mine, shall require that the existing mine is substantially in
compliance with all operating permits and regulations before expansion of the
designation will be approved, and must be in complete compliance before
extraction of the additional area may commence."
3. Amend general criterion 12 for the mineral resource lands designation,
"Expansion of MRL designations to parcels contiguous to, and held by more
than 1% common beneficial ownership with an existing mine, shall require
that the existing mine is substantially in compliance with all operating permits
and regulations before expansion of the designation will be approved."
Crawford stated he will vote against the motion to amend, based on his
understanding of ownership issues, such as to avoid lot consolidation. Requiring a County
administrator to make a legal decision about who those entities of ownership are puts the
staff in a difficult position.
Brenner asked if it would put staff in a difficult position. Frakes stated it's likely. It
can be a complicated determination to make.
Browne stated it will only come up if someone is noncompliant and wants to expand.
This gives the Planning Department leverage to require compliance in the existing facility
before expansion.
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Regular County Council Meeting, 1/27/2015, Page 7
1 Browne moved to amend Section 20.73.153 to add a new subsection:
2 (9) If a permit(s) is granted for mineral extraction and title to the property is later
3 transferred to a new owner then:
4 (a) the new owner may continue with the mineral extraction provided that
5 the new owner assumes:
6 i. responsibility to undertake the reclamation, remediation and
7 mitigation of all impacts related to any operations that may
8 occur during their ownership.
9 ii. joint and severable responsibility with the prior owner(s) to
10 undertake the reclamation, remediation and mitigation of all
11 impacts related to any operations prior to their acquisition of the
12 property.
13 (b) the prior owner assumes joint and severable responsibility with the
14 new owner(s) to undertake the reclamation, remediation and
15 mitigation of all impacts related to any operations prior to the sale of
16 the property.
17
18 There was a question of whether the new owner inherits the right to continue
19 operating the mine if there is a change in ownership of the land. That right should continue
20 with the new owners if it's a permitted facility that is in compliance. A change in ownership
21 should not absolve the new owner or old owner from doing reclamation.
22
23 Brenner stated a new owner would have the responsibility. Frakes stated it's unlikely
24 that someone would have the benefits of a permit without having the responsibilities of the
25 permit, also.
26
27 Crawford asked if the current permit system allows the County to hold a new buyer
28 responsible for reclamation.
29
30 Browne stated another question is whether the owner who derived financial benefit
31 from the operation is relieved of his or her responsibility because the mining operation is
32 sold.
33
34 Frakes stated the State regulates the reclamation process.
35
36 Weimer stated staff can look into whether or not the State already covers this
37 concern, and remove the language later if it does.
38
39 The motion to amend carried by the following vote:
40 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
41 Nays: None (0)
42
43 Brenner moved to amend by adding a finding, "MRL designation does not
44 determine all usable aggregate within Whatcom County."
45
46 The motion to amend carried by the following vote:
47 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6)
48 Nays: Crawford (1)
49
50 Crawford stated he is against the ordinance. This amendment perpetuates a
51 permitting and planning process that isn't currently working for the people of Whatcom
52 County. Most people have observed this effective process. He urges the Council to consider
53 redefining what constitutes an MRL designation in Whatcom county, re -map and designate
Regular County Council Meeting, 1/27/2015, Page 8
1 accordingly, and construct a robust and thorough permitting process for future proposals to
2 extract mineral resources in Whatcom county.
3
4 Brenner stated this is effectively an interim ordinance until that work gets done. The
5 County must determine the MRL areas, and then allow people to apply for permits in those
6 areas. The process now is duplicative. If the process has to be duplicative, she wants to
7 know at the beginning what the potential environmental problems are.
8
9 Browne stated he agrees with Councilmember Crawford, but he will vote for the
10 amended ordinance. He looks forward to working on that review, which is in everyone's
11 best interest.
12
13 Weimer stated he also supports the changes. It's important to do the environmental
14 assessment earlier so people know what is going on in their neighborhoods and more people
15 in the area are notified. This adoption doesn't preclude the County Council from taking a
16 look at MRLs countywide.
17
18 Due to all the amendments, the Council will have to hold another hearing. The
19 Council will introduce the amended ordinance at its meeting on February 10, 2015.
20
21
22 OPEN SESSION
23
24 The following people spoke:
25 • Greg Brown spoke about the order of Council agenda items and open session and
26 Planning Commission appointments.
27 • Wendy Harris spoke about the deteriorating water and air quality and wildlife
28 corridors and the Comprehensive Plan update.
29 . Patrick Alesse spoke about funding the water resources inventory area (WRIA)
30 Planning Unit.
31 . Roger Sefzik spoke about proposed marijuana grow operations.
32 . Dannon Traxler spoke about medical marijuana dispensaries and collective
33 gardens in the county.
34
35 Brenner stated Ms. Traxler should contact the Sheriff's Office and, if they won't
36 respond, she should contact her.
37
38 Kremen stated the authorities need to be apprised of what is going on. The
39 Bellingham City Council and Whatcom County Council can exert influence on law
40 enforcement to enforce the law.
41
42 Crawford stated the Prosecutor or Sheriff could be invited to discuss the medical
43 marijuana issue at a Council committee meeting.
44
45 . Kathy Kershner spoke about requirements for medical marijuana advertising.
46 • Nicholas Kunkle spoke about his application for Planning Commission.
47
48
49 CONSENT AGENDA
50
51 (8:45:34 PM)
52
Regular County Council Meeting, 1/27/2015, Page 9
1 Browne reported for the Finance and Administrative Services Committee and
2 moved to approve Consent Agenda items one through nine, including the replacement
3 pages for item two.
4
5 Brenner withdrew item one.
6
7 The motion to approve Consent Agenda items two through nine carried by the
8 following vote:
9 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
10 Nays: None (0)
11
12 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
13 CONTRACT WITH COMPUCOM SYSTEMS, INC., PURSUANT TO WASHINGTON
14 STATE CONTRACT T11- MST -579, FOR THE RENEWAL OF THE MICROSOFT
15 ENTERPRISE AGREEMENT, IN THE ANNUAL AMOUNT OF $154,146.53
16 (AB2015 -049)
17
18 Brenner stated she is against the request. The price has increased since they
19 entered into the verbal agreement. She's not convinced about this. Microsoft oversaw the
20 contract. They should count on a company to not increase its fee by quite a bit. Find out if
21 the problem came from Microsoft or CompuCom. Stand firm and say that the County
22 expects them to honor the price they gave to the Council.
23
24 Browne moved to approve the request.
25
26 Kremen asked if the County has another option if the Council does not approve this
27 request.
28
29 Perry Rice, Administrative Services Department, stated the County currently doesn't
30 have an agreement. Microsoft has allowed the month of January as a grace period. He
31 would have to ask Microsoft for an extension of the grace period to fully resolve the
32 situation. CompuCom sent him an email that indicated it was their mistake. CompuCom is
33 an official Microsoft business partner.
34
35 Brenner stated Microsoft is a big enough company to admit their mistake and fix it,
36 but they aren't doing it.
37
38 Buchanan asked what CompuCom does. Rice stated companies in the state of
39 Washington that get licensing from Microsoft go through CompuCom.
40
41 The motion carried by the following vote:
42 Ayes: Mann, Crawford, Browne, Buchanan, and Weimer (5)
43 Nays: Brenner and Kremen (2)
44
45 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
46 CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
47 PUBLIC FINANCIAL MANAGEMENT, INC., TO PROVIDE ASSISTANCE IN
48 DEVELOPING A FINANCING PLAN FOR THE CONSTRUCTION OF A NEW JAIL
49 AND SHERIFF'S HEADQUARTERS, IN THE AMOUNT OF $60,000 (AB2015-
50 0478)
51
52
Regular County Council Meeting, 1/27/2015, Page 10
1
3.
REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO
2
AMENDMENT #2 TO THE SIGNAL MAINTENANCE INTERLOCAL AGREEMENT
3
BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM TO ADD
4
SEVERAL LIGHTS FROM RECENT COUNTY CONSTRUCTION PROJECTS TO THE
5
EXISTING SIGNAL LIST (AB2015 -050)
6
7
4.
REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO RENEW THE PUBLIC
8
USE SCHEDULING AGREEMENT BETWEEN WHATCOM COUNTY AND THE JET
9
OLDSTERS ASSOCIATION OF FERNDALE FOR THE FERNDALE SENIOR
10
ACTIVITY CENTER (AB2015 -051)
11
12
S.
REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO RENEW THE
13
CONTRACT FOR SERVICES BETWEEN WHATCOM COUNTY AND THE JET
14
OLDSTERS ASSOCIATION OF FERNDALE TO PROVIDE STAFFING AND
15
OPERATIONAL SUPPORT AT THE FERNDALE SENIOR ACTIVITY CENTER, IN
16
THE ANNUAL AMOUNT OF $58,750 (AB2015 -052)
17
18
6.
REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO RENEW THE
19
CONTRACT FOR SERVICES BETWEEN WHATCOM COUNTY AND THE COUNCIL
20
ON AGING TO PROVIDE STAFFING AND OPERATIONAL SUPPORT AT THE
21
BELLINGHAM SENIOR ACTIVITY CENTER, IN THE ANNUAL AMOUNT OF
22
$58,750 (AB2015 -053)
23
24
7.
REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO RENEW THE
25
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
26
LYNDEN TO PROVIDE STAFFING AND OPERATIONAL SUPPORT INCLUDING
27
MINOR CUSTODIAL SUPPLIES FOR THE LYNDEN SENIOR CENTER, IN THE
28
ANNUAL AMOUNT OF $58,750 (AB2015 -054)
29
30
S.
REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO RENEW THE
31
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
32
BLAINE TO PROVIDE STAFFING AND OPERATIONAL SUPPORT AT THE
33
BLAINE SENIOR ACTIVITY CENTER, IN THE ANNUAL AMOUNT OF $58,750
34
(AB2015 -055)
35
36
9.
REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER IN TO A
37
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
38
DOMESTIC VIOLENCE AND SEXUAL ASSAULT SERVICES TO SUPPORT THEIR
39
EFFORTS TO REDUCE AND PREVENT DOMESTIC VIOLENCE IN WHATCOM
40
COUNTY, IN THE AMOUNT OF $70,000 (AB2015 -056)
41
42
43
OTHER ITEMS
44
45
1.
ORDINANCE AMENDING THE WHATCOM COUNTY CODE TO PROPERLY
46
DESIGNATE THE DIRECTOR OF WHATCOM COUNTY PUBLIC WORKS AS THE
47
ADMINISTRATOR OF THE WESTERN WASHINGTON PHASE II MUNICIPAL
48
STORMWATER PERMIT (AB2015 -036) (8 :51:26 PM)
49
50
Buchanan reported for the Natural Resources Committee and moved to adopt the
51 ordinance.
52
53
Regular County Council Meeting, 1/27/2015, Page 11
1 The motion carried by the following vote:
2 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
3 Nays: None (0)
4
5 2. PRESENTATION OF WATER RESOURCES INVENTORY AREA (WRIA) 1
6 PLANNING UNIT WORK PLAN AND BUDGET, AND DISCUSSION OF COUNTY
7 STAFF'S REQUEST FOR GUIDANCE ON HOW TO PROCEED WITH PLANNING
8 UNIT WORK (AB2015 -046) (8:51:59 PM)
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10 Buchanan reported for the Natural Resources Committee and moved to reaffirm
11 the Council's budget allocation to the Planning Unit of $30,000 for facilitation and $10,000
12 for caucus support, in a total amount of $40,000.
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14 Brenner stated the Planning Unit requested an additional $20,000 for the County to
15 provide. Some caucuses, such as the private well owner caucus and other non -
16 governmental caucuses, need money and staff to contact their members. If they don't
17 provide the extra $20,000, then make sure the $10,000 for caucus support goes to the
18 caucuses that don't have staff.
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20 Weimer stated the Planning Unit still hasn't decided if it wants to use the money for
21 facilitation or to evolve into an advisory committee to get more administrative assistance
22 from the County.
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24 Browne stated he is against the motion. The WRIA 1 Planning Unit was originally a
25 State mandated entity that was funded with State money. Now they County is taking over
26 an unfunded mandate. He's reluctant to do that. Whatcom County is bound by State rules
27 for the operation of the entity. Several members of the Planning Unit have said they don't
28 believe they're bound by the County government, yet they're asking the County to give
29 them funding. It's odd to fund an organization that says they're not under the County's
30 authority. The Planning Unit meeting process is awkward and difficult. It has overhead
31 costs that other groups don't have. He recommends that the Council put the Planning Unit
32 on hold, create a Council water resources committee, and invite Planning Unit members to
33 participate. The Council would provide them a governance structure, support, and specific
34 agendas that the other committees have.
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36 Brenner stated she doesn't support Councilmember Browne's recommendation.
37 There can be disagreements about the function, but it would be highly insulting to dissolve
38 the Planning Unit and call it an advisory committee. She supports the motion to reaffirm
39 the expenditures.
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41 Browne stated he recommends putting the Planning Unit on hold, not dissolving it, in
42 case the State decides to provide additional funding. While the County funds the Planning
43 Unit, it should operate within the County committee structure.
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45 Kremen stated there are many significant unfunded mandates. The Planning Unit
46 has value. The Council must continue funding it. He prefers to spend more of the money
47 on the actual caucuses, and less on facilitation, but it's up to the Planning Unit to decide.
48 Waiting for the State to fund the Planning Unit in the future is unrealistic.
49
50 Mann stated the Planning Unit has value, but Councilmember Browne's suggestion is
51 the best suggestion he's heard regarding the Planning Unit in many years. However, it may
52 be too soon, because it took a big effort to get the caucuses together and functioning again.
53 The Planning Unit members are valuable. If changing to an advisory committee structure
Regular County Council Meeting, 1/27/2015, Page 12
wasn't considered an insult, he would do that now. The Council should respect the effort
they have put in so far and approve the motion to reaffirm their budget. Give the Planning
Unit a chance to do what they set out to do.
Weimer stated the Planning Unit is looking for direction from the Council. Many are
willing to be more advisory if the Council gives the Planning Unit issues to work on. They've
already changed their voting rules. He would be willing to bring to the Council a proposed
guidance document for the Planning Unit.
Browne stated he accepts Councilmember Weimer's suggestion if the Council
provides the Planning Unit with three things to work on and a timeline for submitting a
response. If the Planning Unit can work in an efficient manner, he is happy to accept its
continued operation. However, it's taken them 20 months to come up with a budget, which
the Council still doesn't have. If the Planning Unit is willing to accept the Council's guidance
on their work plan and is willing to produce within a reasonable period of time, he's willing
to continue their support.
Buchanan stated he suggests that there be a joint meeting with the Planning Unit
and the Council during a surface water work session (SWWS).
Browne stated the Planning Unit would function more efficiently as a committee. The
Council must be clear about the goals and timelines the Planning Unit must meet to
continue receiving funding from the County.
Tyler Schroeder, Executive's Office, stated the funding issue for the Joint Board is
scheduled for an upcoming Joint Board meeting. Those members will talk about how to
fund the Joint Board after 2015. There is enough money to accomplish the work plan
through 2015. That discussion will continue through the year. Let this play out during 2015
to see how they all move forward. It's appropriate to give the Planning Unit topics to work
on.
Brenner stated the County allocated a lot of money to the Joint Board. Any contracts
with the Joint Board were supposed to receive approval by the Council before going to the
Joint Board. It's never happened. She would require that the Council get information about
it beforehand, not after.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
3. ORDINANCE AMENDING THE 2015 WHATCOM COUNTY BUDGET, FIRST
REQUEST, IN THE AMOUNT OF $868,662 (AB2015 -040) (9:09:18 PM)
Browne reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Regular County Council Meeting, 1/27/2015, Page 13
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4. RESOLUTION RECOGNIZING THAT LEED (LEADERSHIP IN ENERGY AND
ENVIRONMENTAL DESIGN) " "SILVER" CERTIFICATION FOR THE NEW )AIL
AND SHERIFF'S HEADQUARTERS IS NOT FEASIBLE (AB2015 -047A) (9:10:12
PM)
Browne reported for the Finance and Administrative Services Committee and stated
this item is held in committee.
S. CONFIRMATION OF COUNTY EXECUTIVE'S LIST OF REMAINING 2015
APPOINTMENTS TO FILL VACANCIES ON VARIOUS BOARDS, COMMISSIONS,
AND COMMITTEES (AB2015 -039A) (9 :10:29 PM)
Brenner moved to confirm the appointments.
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
6.. ANNUAL COUNTY COUNCIL APPOINTMENTS TO FILL VACANCIES ON
VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES: PLANNING
COMMISSION, VARIOUS APPLICANTS (AB2015 -035) (9 :10 :49 PM)
Browne nominated all nine applicants.
Brenner stated she will vote for Dave Onkels, because he's just served his one term.
He's worked very hard. She will also vote for Michael Knapp, who used to be the County
Planning Director. The Council received many qualified applicants. She hopes the others
will apply again, apply for something else, or contribute to local politics some other way.
Browne stated he agrees with Councilmember Brenner that the applicant list is
outstanding. He was able to speak to all but one.
(Clerk's Note: See the attached vote tally sheet.)
The Council appointed Nicole Oliver and Michael Knapp.
APPROVAL OF COMPREHENSIVE PLAN AMENDMENTS
Weimer stated these four items are held in Council.
I. ORDINANCE REPEALING THE 1994 ELIZA ISLAND PLAN AND AMENDING
PROVISIONS IN THE WHATCOM COUNTY COMPREHENSIVE PLAN AND
ZONING CODE RELATING TO THE PLAN (AB2014 -196)
2. ORDINANCE REPEALING THE 1991 SOUTH FORK VALLEY SUBAREA PLAN
AND AMENDING PROVISIONS IN THE WHATCOM COUNTY COMPREHENSIVE
PLAN RELATING TO SUBAREA PLANS (AB2014 -197)
3. ORDINANCE REPEALING THE 1982 LAKE WHATCOM SUBAREA PLAN AND
AMENDING PROVISIONS IN THE WHATCOM COUNTY COMPREHENSIVE PLAN
RELATING TO SUBAREA PLANS (AB2014 -198)
Regular County Council Meeting, 1/27/2015, Page 14
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4. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 AND THE
COMPREHENSIVE PLAN REGARDING SURFACE MINE PERMITTING, THE
MINERAL RESOURCE LANDS DESIGNATION PROCESS, AND MINERAL
RESOURCE LANDS DESIGNATION CRITERIA (AB2014 -344)
INTRODUCTION ITEMS
Brenner moved to accept the introduction items.
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
1. RECEIPT OF APPLICATION FOR THE LUMMI ISLAND FERRY ADVISORY
COMMITTEE - RESIDENT /PROPERTY OWNER VACANCY, APPLICANT: STU
CLARK (AB2014 -044) (APPLICATION DEADLINE FOR ANY OTHER
APPLICANTS TO THIS VACANCY IS 10 A.M. ON FEBRUARY 3, 2015)
2. ORDINANCE AMENDING WHATCOM COUNTY CODE 3.08, PURCHASING
SYSTEM (AB2015 -042)
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
(9:17:38 PM)
Mann reported he was elected Chair of the Council Planning and Development
Committee.
Brenner reported she was elected Chair of the Public Works, Health, and Safety
Committee.
Weimer reported that Councilmember Buchanan was elected Chair of the Natural
Resources Committee and Councilmember Browne was elected Chair of the Finance and
Administrative Services Committee.
Brenner reported that today is the 70th anniversary of the liberation of people from
Auschwitz. No one should ever forget. Also, the Animals for Natural Therapy Fifth Annual
Gala is on March 2.
Weimer asked if it's necessary that the surface water work sessions be scheduled
every month, and if they can schedule six per year instead of 12.
Kremen stated he suggests scheduling six per year but make them longer, such as
three hours.
earlier.
Browne stated he supports scheduling six. If the meetings are longer, then start
Brenner stated schedule six a year, but have more if they need them.
Regular County Council Meeting, 1/27/2015, Page 15
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Weimer stated he is fine with leaving it flexible and letting staff set the schedule. He
asked if the Council approves of reducing the number of surface water work sessions if
possible.
The Council concurred.
Buchanan reported that he participated in a fundraising video for a new low power
FM community radio station, KVWV on 94.9.
Mann reported that he went to New York City over the holidays and toured a massive
waterfront redevelopment project in Brooklyn. The creativity, ideas, executive, and
community involvement were inspirational. They need to make the most of their local
waterfront. There are many possibilities.
Weimer reported that he attended the second meeting of the Water Utility
Coordinating Council (WUCC).
Kremen reported that Lummi Nation Chairperson Tim Ballew has invited Council to
attend a gathering on the evening of January 30. It would be a wonderful opportunity to
build relationships with the Lummi Nation.
Crawford read his letter of resignation to the Whatcom County Council effective
March 1, 2015.
Weimer stated he thanks Councilmember Crawford for his 16 years of service and
the historical knowledge he brings to Council decisions. He described the Council
appointment process.
Crawford stated his resignation is not effective until March 1. He will attend the
February 10 Council meeting and the National Association of Counties (NACO) Conference in
Washington D.C. in February. He is well- versed on some of the issues, such as rural
schools funding, and will be an effective representative for the County Council. He would be
grateful for the Council's support in allowing him to attend that conference.
The Council concurred.
Browne stated he appreciates Councilmember Crawford's help with navigating the
NACO Conference, because this is his first time attending.
Mann stated he is not happy about the resignation. He is shocked and upset. He
really appreciates Councilmember Crawford's excellent and commendable service. He's
learned a lot from Councilmember Crawford, and is sad to see him go.
Crawford stated this is a great opportunity for him. His employers are two of the
most astute business people he's ever met. Offering him a leadership role in that
organization is very exciting. Unfortunately, he can't continue the part -time responsibilities
of the County Council at the same time.
Kremen stated Councilmember Crawford has always maintained the utmost integrity,
intelligence, thoughtfulness, dedication, collaboration, positivity, and trustworthiness to the
people of Whatcom County. He is sad about the resignation. Councilmember Crawford has
been an asset to the County and to the County Council, and his departure is a loss for the
entire community.
Regular County Council Meeting, 1/27/2015, Page 16
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Jack Louws, County Executive, stated Councilmember Crawford has been an asset to
the citizens of Whatcom County with his insight, dedication, understanding, and
respectfulness.
Weimer stated he thanks Councilmember Crawford for his service.
ADJOURN
The meeting adjourned at 9:38 p.m.
The County Council approved these minutes on March 3, 2015.
91 0
1.1 •
Dana 5rd.W�, purr 11 Clerk
e �
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Regular County Council Meeting, 1/27/2015, Page 17
DISTRICT 1 AND /OR AT -LARGE COUNCILMEMBERS MUST NOMINATE APPLICANTS BEFORE VOTING
Nominated PLANNING COMMISSION VOTING TALLY - ROUND 1 - VOTE FOR 2
by:
PLANNING COMMISSION VOTING TALLY - ROUND 2
Weimer
Browne
Mann
Crawford
Brenner
Kremen
Buchanan
Total
Browne
Onkels
Onkels
Onkels
Onkels
X
Onkels
X
Onkels
Onkels
2
Browne
Ma innis
X
Ma innis
X
Ma innis
Ma innis
Ma innis
Ma innis
Ma innis
2
Browne
Templeton
Templeton
Templeton
Templeton
X
Templeton
Templeton
X
Templeton
2
Browne
Burke
Burke
Burke
Burke
Burke
Burke
Burke
0
Browne
Knapp
Knapp
Knapp
Knapp
X
Knapp
X
Knapp
X
Knapp
X
3
Browne
Hall
I
lHall
I X
lHall
I X
lHall
I
lHall
I
Hall
I
lHall
1
1 2
Browne
Oliver
X
10liver
I
10liver
I X
10liver
I
10liver
I
10liver
10liver
I X
1 3
Browne
Kunkel
jKunkel
I
jKunkel
I
jKunkel
I
jKunkel
I
Kunkel
jKunkel
1
0
Browne
Clary
I
lClary
I
lClary
I
lClary
I
lClary
I
lClary
I
lClary
1
0
PLANNING COMMISSION VOTING TALLY - ROUND 2
Weimer
Browne
Mann
Crawford
Brenner
Kremen
Buchanan
Total
Onkels
Onkels
Onkels
Onkels
X
Onkels
X
Onkels
Onkels
2
Ma innis
Ma innis
Ma innis
Ma innis
Ma innis
Ma innis
Ma innis
0
Templeton
Templeton
Templeton
Templeton
Templeton
Templeton
X
Templeton
1
Burke
Burke
Burke
Burke
Burke
Burke
Burke
0
Knapp
Knapp
Knapp
Knapp
X
Knapp
X
Knapp
X
Knapp
X
4
Hall
X
Hall
I X
Hall
X
Hall
Hall
Hall
Hall
3
Oliver
X
Oliver
X
Oliver
X
Oliver
Oliver
Oliver
Oliver
X
4
Kunkel
Kunkel
Kunkel
Kunkel
Kunkel
Kunkel
lClarylClary0
Kunkel
0
Clary
Clary
Clary
Clary
Clary