HomeMy WebLinkAboutCouncil April 22 20141
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WHATCOM COUNTY COUNCIL
Regular County Council
April 22, 2014
CALL TO ORDER
Council Chair Carl Weimer called the meeting to order at 7:13 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(7:13:44 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Carl Weimer, Pete Kremen,
Rud Browne and Barry Buchanan.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
Weimer announced there was discussion with Chief Civil Deputy Prosecutor
Daniel Gibson regarding potential Flood Control Zone District property purchase
(AB2014 -018) and discussion with Executive Louws regarding potential State
Street property acquisition (AB2014 -018) in executive session in the Committee of the
Whole meeting.
SPECIAL PRESENTATION
1. COUNTY EXECUTIVE JACK LOUWS WILL PRESENT THE "STATE OF THE
COUNTY" ADDRESS (AB2014 -017) (7:14:51 PM)
Jack Louws, County Executive, read the State of the County address (on file).
MINUTES CONSENT
(7:26:08 PM)
Kremen moved to approve Minutes Consent items one through four.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
1. COMMITTEE OF THE WHOLE FOR MARCH 11, 2014
2. REGULAR COUNTY COUNCIL FOR MARCH 11, 2014
Whatcom County Council, 4/22/2014, Page 1
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3 SURFACE WATER WORK SESSION FOR MARCH 18, 2014
4. COMMITTEE OF THE WHOLE FOR MARCH 25, 2014
PUBLIC HEARINGS
1. ORDINANCE (INTERIM) ALLOWING MARIJUANA PRODUCTION,
PROCESSING, AND RETAILING AS AUTHORIZED BY WASHINGTON STATE
INITIATIVE 502 AND MEDICAL MARIJUANA FACILITIES AS AUTHORIZED
UNDER CHAPTER 69.51A RCW (AB2014 -074C) (7:26 :36 PM)
Weimer opened the public hearing, and the following people spoke:
Cynthia Ripke - Kutsagoitz submitted information (on file) and stated she hopes that
the initiative be repealed. The mentally ill and veterans who deal with post traumatic stress
will self- medicate. She has statistics opposed to marijuana. Not all pot smokers do heroin,
but all heroin addicts do pot. The drugs affect the brain. They are jeopardizing lives. She
supports medical marijuana, but they are responsible for the liability this will cause the
community.
Robert Kutsagoitz stated marijuana is dope. He's from Bridgeport, Connecticut,
which is the sixth worst city in America. Don't allow marijuana, or else they will open the
door to something bad. It will be in schools at all level. Put out the problem before it
sta rts.
Dixie Scheffer stated she is a retired intensive care unit (ICU) nurse and is opposed
to marijuana. It will cost lives and cause health issues. It begins as a recreational thing,
but will lead to more. Many people who use marijuana are not wiser or more intelligent
than when they started.
Eric Merta stated he supports the ordinance and the changes.
Peggy Chase stated she is concerned about harmful effects on developing adolescent
brains. She is very opposed to marijuana. It is a gateway to other drugs. Government was
established to provide safety and protection, especially for the most vulnerable of the
population. They need strict laws to protect people. Marijuana is a toxin. Recreation drugs
can damage the future of the children. Children won't listen to their parents when the
public dialog is saying the opposite. To be properly monitored, the locations must be
centrally located.
John Hill stated the public has had 82 years of propaganda. He thanked the Council
for the ordinance. Building owners who lease to growers are charging much more per
square foot for the lease than for other uses. Don't stop greenhouse owners and growers
from being able to use their land. Ease up restrictions on greenhouses.
John Burns state he is a greenhouse owner. A problem with the ordinance is with
the 300 foot buffer. He doesn't want to have to move his operation. The ordinance messes
with his situation. The buffers are arbitrary. Marijuana is a crop that is meant to be grown
in greenhouses.
Hearing no one else, Weimer closed the public hearing.
Whatcom County Council, 4/22/2014, Page 2
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Mann asked staff about butane hash oil and whether there are any specific rules on
that in terms of disposal of materials, including water used in hydroponic growing.
Nick Smith, Planning and Development Services Department, stated fire, building,
and health codes address the issue. They have permitted a couple of facilities that have
hash oil. The fire marshal's fire flow requirements deal with that. The fire marshal
determined it won't be as bad as they thought, because there are safe methods for use.
Permit applicants have to document their approved disposal method. Staff is monitoring
that issue through other codes. It's part of the process, according to State law.
Mann asked about large hydroponic or nutrient -rich water disposal.
Smith stated staff is working on it with the Health Department through the health
code. He's getting more information from the State about how much water is required for
these facilities. It doesn't necessarily need to be in this ordinance, but it's something staff
will work on through the health codes to make sure the disposal methods are appropriate.
Mann moved to adopt the ordinance.
Crawford stated he is against the ordinance. He is not convinced that eliminating the
1000 foot setback from a cluster of eight or more homes is a good idea. The interim
ordinance in place is appropriate.
Brenner stated she supports the ordinance. She respects the concerns people have
about this issue. The buffer requirements will address those concerns. Also, this is no
different from alcohol in that it is for adults only. Nothing in the ordinance legally allows
anyone underage to obtain and use marijuana. She has the same concerns about
adolescents. However, putting people in jail for possessing and using marijuana is not the
solution.
Mann stated he supports the ordinance. He agrees that marijuana messes with the
brain, but it's not a gateway drug. Making it illegal makes it more of a gateway drug.
There is a barrier between marijuana and something that is really addictive. Alcohol is
legal. There are so many more news stories about alcohol deaths and violence than about
marijuana. It's not even news when there is alcohol - related violence. It's news when it
involves marijuana, because it's new and makes it into the sensational news stories they all
read about. He supports the ordinance because the fears about grower and processor
locations in neighborhoods is overblown and misplaced. From an economic development
standpoint, they have to deliver certainty to folks. It's time to put rules in place and let
people go to work. The Council will review this again in six months, after it goes through
the Planning Commission. He hopes the ordinance stays the same. There will be
opportunity for more input and revision to the setbacks. The Council has done an excellent
job with the ordinance and listening to testimony from all members of the community. The
ordinance isn't exactly what he wants, but he will support it.
Kremen stated the Council and staff have spent a great deal of time working on this
ordinance. People voted to approve the initiative. The Council and staff came up with
regulations and guidelines that exceed State requirements. Councilmembers have listened
to people on all sides of the issue. They've created more safeguards for children. He's
proud of what the Council has done and will support the ordinance.
Whatcom County Council, 4/22/2014, Page 3
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The motion carried
Ayes: Brenner,
Nays: Crawford
OPEN SESSION
(7:53:24 PM)
by the following vote:
Mann, Browne, Buchanan, Weimer and Kremen (6)
(1)
The following people spoke:
• Rhayma Blake spoke about the Lummi Island ferry, the Lummi Island Ferry
Advisory Committee (LIFAC) appointment (AB2014- 063A), and withdrew her
name from consideration.
• Scott Hackett, Whatcom County Granges President, submitted and read from
a handout (on file) and spoke about water planning and the water resources
inventory area (WRIA) process.
• Kris Halterman spoke about the resolution amending the 2014 Whatcom
County Flood Control Zone District Budget (AB2014 -149) regarding Planning
Unit funding, the lawsuit regarding exempt wells, the ordinance establishing
the Parks Special Revenue Fund (AB2014 -147), and the proposed ordinance
to allow packinghouses and slaughterhouses (AB2014- 060B).
• Lorraine Newman spoke the resolution amending the 2014 Whatcom County
Flood Control Zone District Budget (AB2014 -149) regarding Planning Unit
funding.
• Karl Uppianno spoke about the proposed ordinance to allow packinghouses
and slaughterhouses (AB2014- 060B).
• Jim Dickinson spoke about the Lummi Island ferry and the Lummi Island
Ferry Advisory Committee (LIFAC) appointment (AB2014- 063A).
CONSENT AGENDA
(8:07:24 PM)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE
AGREEMENT BETWEEN WHATCOM COUNTY AND GOLDFOGEL FAMILY
PARTNERSHIP FOR HEALTH DEPARTMENT OFFICE SPACE AT STATE STREET,
IN THE AMOUNT OF $97,990.43 FOR MAY 1, 2014 THROUGH SEPTEMBER 30,
2014; $239,880.58 FOR OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2015;
$244,678.19 FOR OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2016; AND
$249,571.75 FOR OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2017
(AB2014 -156A)
- AND -
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE
AGREEMENT BETWEEN WHATCOM COUNTY AND GOLDFOGEL FAMILY
PARTNERSHIP FOR MORGUE AND MEDICAL EXAMINER FACILITY SPACE, IN
THE AMOUNT OF $20,455.79 FOR MAY 1, 2014 THROUGH SEPTEMBER 30,
2014; $50,075.78 FOR OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2015;
$51,077.30 FOR OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2106; AND
Whatcom County Council, 4/22/2014, Page 4
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$52,098.85 FOR OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2017
(AB2014 -156B)
Jack Louws, County Executive, gave a staff report and explained the three options
for the State Street purchase. Goals are to eliminate the need to renovate and replace the
Northwest Annex; allow the County to own the morgue, so they can divide the building
lease and medical examiner contracts; use the downtown facilities more efficiently due to
the reduction in the County work force, and; to create a permit center.
The County signed a purchase and sale agreement for $2.6 million, obtained a
professional appraisal that was over $3.5 million for the facility, conducted a building
envelope inventory to assess the heating and air conditioning units, and conducted the
phase one environmental review of the site. There was a service station on the building site
many years ago. Phase two environmental testing resulted in contaminated soil along State
Street, down 12 to 20 feet where there may have been a tank. There are no tanks in the
ground now. The parking lot has one area of contamination that would also need to be
cleaned up.
Option one is to purchase the building and parking lot for $2.6 million and renovate
the building exterior and mechanical systems per the structure review at a cost of about
$400,000. Cleanup is not required and does not pose a risk to human health, but it's in the
County's best interest to clean it up. Site cleanup will be up to $350,000, but they can't
guarantee that estimate. The range of cleanup costs is $250,000 to $450,000. Option one
in total would cost between $3 million to $3.5 million. The County will own the morgue,
obtain 110 parking spots in the downtown core, break the connection with the medical
examiner contract, and retain specific offices designed for Health Department programs.
This option is the lowest in cost, but does not solve issues with the Northwest Annex.
Option two is to continue the lease of the building for the Health Department and
medical examiner, which would cost $1 million for three years and five months. Dr.
Goldfogal pays for all utilities, property taxes, repair and maintenance, and janitorial. All
those costs are included in the $1 million lease option. If leased, his goal over the next
three years will be to own a morgue facility, possibly in the Irongate facility, which would
cost $1.5 million to develop into a morgue. A new 25,000 square foot permit center at the
Northwest Annex would cost about $250 to $325 per square foot. A building in the
downtown core would require underground or in- building parking, which increases costs
significantly. There is pressure from staff in the courts and Prosecuting Attorney's Office to
find more space for them in the courthouse, because it is getting crowded. A 40,000 square
foot building in the downtown core would cost $12 million to $16 million. The County
doesn't have the resource to do that today. Another option is to buy an existing building in
Bellingham, along with building a morgue, which could cost $6 million to $8 million.
The benefits of option two are that everything would be new and facilities would be
state -of- the -art. The need for substantial repair and maintenance over the next 20 years is
eliminated. It creates the permit center. It eliminates the need to upgrade the Northwest
Annex. The County owns a new morgue facility. The Civic Center and Girard Buildings will
be used more efficiently. If built in the downtown core, collaboration among all the County
departments will be enhanced. It will disconnect the medical examiner contract and the
morgue lease. The drawbacks of option two is that it will be at least $3.5 million more than
option one.
This is a business decision. It's not a decision he's excited about. If the County has
the money to build new facilities, it would be nice in the longer term. The County's not in
Whatcom County Council, 4/22/2014, Page 5
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the position to do that right now. They need to look forward to the next ten to 15 years in
light of the new correctional facility and Sheriff's Office.
Option three is buy the State Street building for $2.6 million, renovate at a cost up
to $2.46 million, and clean the site at a cost of $350,000. In total, that cost is $5.06 million
to $5.4 million. The benefit is that it creates the permit center, eliminates the need to
upgrade or replace the Northwest Annex, the County owns the morgue, uses several County
buildings more efficiently, obtains 110 parking spots downtown, and breaks the connection
between the medical examiner and the morgue lease. Drawbacks are that it moves the
permit center away from rural Whatcom County, staff and the public share space with the
County morgue, the morgue will still require upgrades, the State Street remodel is
expensive, overflow parking is a distance from the courthouse, the location isn't perfect,
and the building isn't high -tech.
Given all the options, goals, and number of staff, he recommends option three.
However, he will support any option the Council chooses.
Crawford moved to authorize the Executive to move forward with option one, to
purchase the building and remediate the cleanup, but do not propose options now for any
remodel or for moving staff from the Northwest Annex at this time. Keep the Health
Department staff where they are in the short -term. The value for the building is at least
half, just in the parking lot. The property is valuable. There is some certainty that cleanup
costs will be minimal. It eliminates the $1 million lease cost for the next three years. There
are enough compelling reasons to stay in the building, eliminate the lease payments and
acquire two nice pieces of real estate, and keep the most options available for moving
forward.
Browne stated he supports the motion. The County will recoup its money in about
nine years. A three years lease plus the cost of building a new morgue is the same price as
buying the existing morgue. He likes that math. However, he suggests they delay doing
the cleanup until they determine the long -term highest and best use of the site. If the
County ends up rebuilding the structure, it will have to excavate the site anyway.
Brenner stated she is against the motion. The property will be a problem and keep
costing the County money. The cleanup costs and renovation costs will end up being much
more than estimated. If the County operates the facility, it will have to pay the operational
costs for people to be in the building. If the County has to take over the morgue, she
prefers the Irongate option. Do not allow the Northwest Annex to continue to deteriorate.
For many years, the goal has been to let it deteriorate. Whenever there are repairs, it gets
worse. The numbers aren't realistic.
Mann stated the numbers are very realistic. It makes sense in terms of the savings
the County will get from not paying rent and not having to build a morgue. The parking
spaces have value. However, remodel estimates are too expensive. He likes option one
given the purchase price. He supports the motion.
Kremen stated he is conflicted, because there is no clear best option. Option one
seems to be the most palatable and make the most sense. However, some of the numbers
are nebulous. The City of Bellingham and Port of Bellingham conducted a major study on
the cleanup costs for the Georgia Pacific property. The estimate was incorrect by about 300
percent, and the cost ended up being a few hundred million dollars more than anticipated.
They don't know how much longer the existing morgue will last without upgrades. They
underuse the Civic Center building and the Girard Street building. There is no clear choice.
Whatcom County Council, 4/22/2014, Page 6
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He is reluctant to make a decision at this time. Get more detail on costs, do more due
diligence, and put more focus on an alternative site within the city of Bellingham. He would
like to ask if Dr. Goldfogel would give the County more time to consider the issues.
Weimer stated he supports option three. A million dollar lease is coming up and
there are significant issues with the Northwest Annex. He's in favor of moving forward with
the remodel to put issues behind them. Option one doesn't preclude option three, it just
gives them more time to think about the remodel of the building, so he supports the
motion.
Browne suggested a friendly amendment that the Council not require the
cleanup immediately, and leave it until they know what they will do with the property in the
long -term.
Crawford did not accept the friendly amendment. Cleanup is not legally required,
but the County must be a responsible property owner in terms of environmental issues.
There may be other County properties for which the County has chosen to not do that, but
the scale of this cleanup is small. Testing and disposal of the materials can get expensive,
but he has no interest in owning the property without cleanup.
Browne stated cleanup involves digging a hole and removing the material. The
material isn't currently posing a threat. Inaction doesn't hurt anything. If they dig up the
hole, fill in the hole, and dig it up again later to build a new structure, they will duplicate
work and spend the money twice.
Buchanan stated he agrees with Councilmember Crawford that the County is
responsible for cleaning up the site once the County owns it. They don't know how cleanup
costs may escalate in the future. It is smarter to pay for it now at today's dollars.
The motion carried by the following vote:
Ayes: Mann, Crawford, Browne, Buchanan, and Weimer (5)
Nays: Kremen and Brenner (2)
Louws stated he asks the Council to go forward with the two leases on the Consent
agenda because the administration will not be able to finish the purchase by April 30. With
his executive authority, he already extended these contracts by two months, but that
expires a few days after May 1.
Crawford asked if the purchase will cancel the lease agreements with no further costs
to the County. Louws stated the leases transfer to the new owner, which will be the
County.
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through 13.
Brenner withdrew Consent Agenda item one.
The motion to approve Consent Agenda items two through 13 carried by the
following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Whatcom County Council, 4/22/2014, Page 7
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1. APPROVAL OF REQUEST FROM WHATCOM COUNTY PARKS & RECREATION
DEPARTMENT TO REMOVE A STRUCTURE AT LAKE WHATCOM PARK,
PURSUANT TO WHATCOM COUNTY CODE 1.10.395 (AB2014 -155)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Brenner stated she is against removing the structure. It would make a good storage
building. It's structurally sound. She doesn't like the idea of leaving the lawn. Leave the
building where it is. Plant native plants in the area. Her first concern is not having a picnic
area for people. Don't bring more people into the Lake Whatcom watershed. This doesn't
need to happen. The County is spending a lot of money in the watershed now. This is a
token action the County can do.
Kremen stated he has concerns about the lawn, but also questions whether they
should rip out the lawn and plant native vegetation. According to former Cooperative
Extension Director Craig MacConnell, tearing out a lawn would be more degrading to the
quality of the water because it disturbs the soils. It would take more than a year for the
new planted vegetation to take hold, provide stability, and prevent contamination from
infiltrating the lake. He asked the Park Department's plan for that lawn.
Mike McFarlane, Parks and Recreation Department Director, stated the lawn will be
left as is. There is no development plan for it. The department's intent is to maintain what
is there to prevent blackberries from growing. It will have to be mowed a couple times
during the year. Any rough areas will be seeded over and left as is. Staff will mow every
three or four weeks to keep things controlled until they develop a plan for the property.
Brenner stated it's easy to convert a lawn to native plants, which absorb all kinds of
materials as well as prevent erosion better than a lawn. There shouldn't be a picnic area
there. She doesn't want more people there.
Kremen stated that area is the second most used venue in the County's entire park
system. People are already there. People have picnics there now. It's a convenient place
for people to do those kinds of activities. People drive from all over the county to use this
gem in the park system.
Weimer stated this lawn is set far back from the lake. There isn't a plan to bring the
lawn to the lake. Leaving the lawn as it is until they develop some kind of educational
display on best practices is fine.
Brenner stated she tore out a huge amount of lawn at her house at Deer Creek.
There was no erosion. It has to be cared for during the first year or two, which master
gardener class graduates and others can do. It will hold the soil and remove any toxins.
The motion carried by the following vote:
Ayes: Mann, Crawford, Browne, Buchanan, Weimer and Kremen (6)
Nays: Brenner (1)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BAYSIDE PATHOLOGY, INC.
FOR MEDICAL EXAMINER SERVICES, IN THE AMOUNT OF $1,213,220.32
(AB2014 -156)
Whatcom County Council, 4/22/2014, Page 8
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5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND CATHOLIC COMMUNITY
SERVICES FOR MENTAL HEALTH TREATMENT SERVICES, IN AN AMOUNT
ESTIMATED AT $40,000 (AB2014 -157)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND INTERFAITH COMMUNITY
HEALTH CENTER FOR MENTAL HEALTH TREATMENT SERVICES, IN AN
AMOUNT ESTIMATED AT $57,000 (AB2014 -158)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT
AGREEMENT BETWEEN WHATCOM COUNTY AND THE EXECUTIVE OFFICE OF
THE PRESIDENT OF NATIONAL DRUG CONTROL POLICY TO SUPPORT THE
NORTHWEST HIGH INTENSITY DRUG TRAFFICKING AREAS (HIDTA) BORDER
TASK FORCE PROSECUTION INITIATIVE, IN THE AMOUNT OF $175,073
(AB2014 -159)
8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND PIONEER
HUMAN SERVICES TO OPERATE A PERMANENT SUPPORTIVE HOUSING
PROGRAM FOR HOMELESS EX- OFFENDERS WHO ARE RETURNING TO
WHATCOM COUNTY UNDER THE SUPERVISION OF THE WASHINGTON STATE
DEPARTMENT OF CORRECTIONS, FOR HOMELESS EX- OFFENDERS EXITING
THE WHATCOM COUNTY JAIL, AND FOR CHRONICALLY HOMELESS
VETERANS, IN THE AMOUNT OF $33,275, FOR A TOTAL AMENDED CONTRACT
IN THE AMOUNT OF $992,540 (AB2014 -160)
9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE
BELLINGHAM SCHOOL DISTRICT FOR BEHAVIORAL HEALTH SERVICES TO
YOUTH, IN THE AMOUNT OF $140,000, FOR A TOTAL AMENDED CONTRACT
IN THE AMOUNT OF $320,000 (AB2014 -162)
10. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE LYNDEN
SCHOOL DISTRICT FOR BEHAVIORAL HEALTH SERVICES TO YOUTH, IN THE
AMOUNT OF $117,500, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT
OF $252,500 (AB2014 -163)
11. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE FERNDALE
SCHOOL DISTRICT FOR BEHAVIORAL HEALTH SERVICES TO YOUTH, IN THE
AMOUNT OF $117,710, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT
OF $267,710 (AB2014 -164)
12. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE MERIDIAN
SCHOOL DISTRICT FOR BEHAVIORAL HEALTH SERVICES TO YOUTH, IN THE
AMOUNT OF $115,000, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT
OF $245,000 (AB2014 -165)
13. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE BLAINE
Whatcom County Council, 4/22/2014, Page 9
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SCHOOL DISTRICT FOR BEHAVIORAL HEALTH SERVICES TO YOUTH, IN THE
AMOUNT OF $115,000, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT
OF $245,000 (AB2014 -166)
OTHER ITEMS
1. DISCUSSION OF INTEGRATING THE PROCUREMENT OF MENTAL HEALTH
AND CHEMICAL DEPENDENCY TREATMENT SERVICES AND APPROVAL OF A
REQUEST TO AMEND THE CURRENT NORTH SOUND RSN INTERLOCAL
AGREEMENT TO FORM A BEHAVIORAL HEALTH ORGANIZATION (AB2014-
154) (8:46 :57 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve option one, to amend the RSN interlocal agreement to form a behavioral
health organization.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
2. ORDINANCE ESTABLISHING THE PARKS SPECIAL REVENUE FUND (AB2014-
147) (8 :47 :17 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Brenner stated she is against the ordinance because it removes money that is
supposed to be in the conservation futures fund and puts it into this fund, which is against
the voters wishes. Even though it is legal, it isn't right. It's about public trust to not
change something that was approved by ballot.
The motion carried by the following vote:
Ayes: Mann, Crawford, Buchanan, Weimer and Kremen (5)
Nays: Brenner (1)
Absent: Browne (out of the room) (1)
(Clerks Note: The Council reconsidered this item, see below.)
3. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, NINTH
REQUEST, IN THE AMOUNT OF $1,958,575 (AB2014 -148) (8 :49 :08 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Brenner stated she will not support this ordinance for the same reason as the
previous item. The money will be allowed to purchase capital equipment, which the
conservation futures fund doesn't allow. Equipment should be purchased from the general
fund, not from funds that should be in the conservation futures fund.
(Clerk's Note: Discussion continued after the following vote.)
Whatcom County Council, 4/22/2014, Page 10
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2. ORDINANCE ESTABLISHING THE PARKS SPECIAL REVENUE FUND (AB2014-
147)
Kremen moved to reconsider the vote to adopt this ordinance.
The motion to reconsider carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
The motion to adopt carried by the following vote:
Ayes: Mann, Crawford, Browne, Buchanan, Weimer and Kremen (6)
Nays: Brenner (1)
3. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, NINTH
REQUEST, IN THE AMOUNT OF $1,958,575 (AB2014 -148)
(Clerk's Note: Discussion continued from above.)
The motion to adopt carried by the following vote:
Ayes: Mann, Crawford, Browne, Buchanan, Weimer and Kremen (6)
Nays: Brenner (1)
4. RESOLUTION AMENDING THE 2014 WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BUDGET, THIRD REQUEST, IN THE AMOUNT OF $647,500
(AB2014 -149) (8 :52 :00 PM)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the resolution.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND LAND DEVELOPMENT
ENGINEERING FOR DESIGN ASSISTANCE FOR HARBORVIEW ROAD
DRAINAGE IMPROVEMENTS, IN THE AMOUNT OF $76,355 (AB2014 -161)
(8 :53 :26 PM)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Whatcom County Council, 4/22/2014, Page 11
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6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE LUMMI
NATION FOR CONSTRUCTION, OPERATION, MAINTENANCE AND REPAIR OF
HAXTON WAY ROUNDABOUT AND ASSOCIATED PUBLIC APPURTENANCES
(AB2014 -167) (8:53:58 PM)
Brenner reported for the Public Works, Health, and Safety Committee and stated
the whole thing is being paid for by the Lummi Nation. She moved to approve the request.
Kremen stated this project is an example of how Whatcom County and the Lummi
Nation can collaborate well for the good of all. They all pay for this roundabout. It's being
paid for by the federal government, in which Whatcom County citizens pay. He credits the
Lummi Nation for obtaining the money for construction.
Crawford stated this roundabout will be a nice transition from the 55 mile per hour
speed limit zone to the 25 miles per hour zone.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
7. ORDINANCE AMENDING THE WHATCOM COUNTY CODE REGARDING CORNER
LOT AND THROUGH LOT BUILDING SETBACKS (AB2014 -146) (8:57:10 PM)
Mann reported for the Planning and Development Committee and moved to adopt
the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
8. REQUEST APPROVAL OF THE DRAFT PUBLIC PARTICIPATION PLAN
(AB2014 -168) (8 :57:48 PM)
Mann reported for the Planning and Development Committee and moved to approve
the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
9. NOMINATION AND APPOINTMENT TO FILL ONE VACANCY ON THE LUMMI
ISLAND FERRY ADVISORY COMMITTEE - APPLICANT(S): JIM DICKINSON
AND RAYMA BLAKE (AB2014 -063A) (8:58:15 PM)
Weimer stated applicant Rhayma Blake withdrew her name from consideration earlier
in the meeting.
Brenner nominated Jim Dickinson and Byron Moye.
Crawford voted for Dickinson.
Brenner voted for Dickinson.
Whatcom County Council, 4/22/2014, Page 12
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Weimer voted for Moye.
Mann voted for Moye.
Buchanan voted for Moye.
Browne voted for Moye.
Kremen voted for Dickinson.
Weimer stated the Council appointed Byron Moye.
10. NOMINATION AND APPOINTMENT TO FILL ONE VACANCY ON DIKING
DISTRICT #3 POSITION 3 — APPLICANT: ROGER BA]EMA (AB2014 -100)
(9:01:02 PM)
Brenner moved to nominate and appoint Roger Bajema. She talked to Roger
Bajema, who has no financial ties with the County.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
INTRODUCTION ITEMS
I. ORDINANCE AMENDING THE WHATCOM COUNTY CODE TO ALLOW
PACKINGHOUSES AND SLAUGHTERHOUSES IN THE AGRICULTURE ZONING
DISTRICT AS ADMINISTRATIVE APPROVAL USES (AB2014 -060B) (9 :02 :19
PM)
Mann moved to accept the substitute Introduction Item.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
(9:02:33 PM)
Buchanan reported for the Natural Resources Committee and stated there was a
presentation to introduce the Washington Conservation Corps crew and
presentation of project activities and accomplishments (AB2014 -051A) and a
discussion of Whatcom County landslide hazard areas and risk management
(AB2014 -169). BTV10 will broadcast the committee meeting on several dates and times.
Whatcom County Council, 4/22/2014, Page 13
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RESOLUTION IN SUPPORT OF REDUCING THE SPEED LIMIT FOR A PORTION OF
KENDALL ROAD (AB2014 -171)
Brenner moved to approve the resolution. Local residents asked the Council to
support their application to the State Department of Transportation to reduce the speed
limit in front of the school. She read the resolution.
Crawford stated he will support the resolution, but the resolution makes certain
statements that are unclear. There's no explanation for the reason to reduce the area from
Limestone to South Pass. There are no houses there. The real problem is where kids come
out south of Paradise and walk along the road. The County's engineer has indicated in the
past that when trying to make a speed limit too slow in an area that has visual cues for the
drivers, it can become more of a hazard. However, he will support the letter because it is
well- intentioned. In the future, he would appreciate it if the Council had more time to vet
things like this.
Browne stated he agrees with Councilmember Crawford. It doesn't seem like a
pressing issue. It should have gone through the normal process to ask the Public Works
Department to make a recommendation.
Crawford stated it's a State highway. The County staff doesn't do analysis. If asked,
the staff would say the Council has to ask the State. He would like to know why the
reduction goes so far north of Limestone.
Brenner stated the Coalition felt that's where it needs to be. She trusts the
Coalition. The road is dangerous. This resolution has no force of law.
Kremen stated he thanks Councilmember Brenner for discussing this with him. He
asked her why they need the reduction past South Pass Road. He is a proud sponsor of the
resolution. It's likely they'll get a report from the State Department of Transportation about
the speed limit, which should be lowered. The DOT may not extend the reduction as far as
asked. The underlying intent of the resolution is good. The Council will try to respond to
the wishes of the people in the greater Kendall area.
Weimer stated he appreciates Councilmember Brenner for bringing this forward. It's
not appropriate to have a 55 mile per hour speed limit through an urban growth area where
people walk.
Browne referenced the second whereas statement and stated he agrees with
Councilmember Crawford. Roundabouts are a traffic calming device.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Mann reported for the Planning and Development Committee and stated there was
presentation of the 2014 County -wide Population Growth Monitoring Report
(AB2014 -097A) on population growth.
Kremen reported that first half property taxes are due soon on April 30. Only about
10 percent goes to Whatcom County. Ninety percent goes to other taxing districts,
including the State of Washington.
Whatcom County Council, 4/22/2014, Page 14
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Browne stated he recognizes Council staff person Martha Blakely for retiring on April
30 and wished her well.
ADJOURN
The meeting adjourned at 9:18 p.m.
The Council approved these minutes on May 6, 2014.
ATTEST:
, Council Clerk
-, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Whatcom County Council, 4/22/2014, Page 15