HomeMy WebLinkAboutCouncil July 8 20141
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WHATCOM COUNTY COUNCIL
Regular County Council
July 8, 2014
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
Present: Barbara Brenner, Ken Mann, Sam Crawford, Rud Browne, Barry
Buchanan, Carl Weimer, and Pete Kremen
Absent: None
FLAG SALUTE
ANNOUNCEMENTS (7:02:50 PM)
Jack Louws, County Executive, announced that the National Association of County
and City Officials (NACO) named the Whatcom County Health Department the local Health
Department of the year in the category of medium sized counties with a population between
50,000 and 499,000. They were awarded the honor due to the department's work to end
homelessness through a commitment of funding and an expansion of the veteran's
program. He complimented the Council for establishing the Veteran's Assistance Program in
2011. The work has been rewarding. Since 2008, they reduced veteran homelessness by
65 percent. At this time, only three veterans remain unhoused.
Anne Deacon, Health Department, described the original request for the Veteran's
Assistance Program to leverage local dollars and receive grant funds to accomplish this
work. Significant community partners help to house local heroes and provide support
services to make sure they remain housed. The community is fortunate to have such a
committed group of professionals. They are honored by the award.
Louws stated the work of the Health Department is not done. The department will
make a presentation on the proposal for a mental health court in two weeks. Several
departments and jurisdictions have worked on this effort for months. He's proud of the
work by the Health Department and all the County staff to improve the lives of the people in
Whatcom County.
Weimer thanked the Health Department staff for doing such a good job and for the
national recognition.
Kremen stated he commends the staff and all responsible for achieving this
important and impressive accomplishment, particularly Liz Harmon - Craig. Deacon stated
Ms. Harmon -Craig and Gail de Hoog both worked on this program. Ms. Harmon -Craig is a
bronze star recipient and a combat veteran.
Weimer announced an emergency ferry outage starting at 10:00 p.m. this evening.
Whatcom County Council, 7/8/2014, Page 1
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MINUTES CONSENT
(7:10:51 PM)
Brenner moved to approve the Minutes Consent items.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
1. REGULAR COUNTY COUNCIL FOR MAY 20, 2014
2. COMMITTEE OF THE WHOLE FOR JUNE 3, 2014
3. REGULAR COUNTY COUNCIL FOR JUNE 3, 2014
4. COMMITTEE OF THE WHOLE FOR JUNE 17, 2014
5. REGULAR COUNTY COUNCIL FOR JUNE 17, 2014
SPECIAL PRESENTATION
1. BEHAVIORAL REVENUE ADVISORY COMMITTEE 2013 ANNUAL AND 2014
SECOND QUARTER REPORTS (AB2014 -244) (7 :11 :17 PM)
Anne Deacon, Health Department, reported that they collected over $3.6 million and
expended $3.4 million in 2013. Over $3.1 million were used for programs and services.
They affect the lives of 8,451 county residents. The report will be posted on the Health
Department website.
In 2013, they increased specialized housing programs and began using a team
approach to deliver behavioral health services in the jail, for which they received national
accolades. The goal is to reduce the length of jail stays and improve connection to
treatment upon release. They increased behavioral services in seven school districts. The
District Court Probation behavioral health unit realized increases in probation completion.
They continue to leverage funds to bring in more funds from other places. The vision is to
develop a comprehensive infrastructure of behavioral health care.
For the second quarter of 2014, they provided: crisis intervention team training;
crisis hostage negotiation training to Sheriff's deputies; training on working successfully
with recently- returning veterans and individuals experiencing mental illness to all law
enforcement jurisdictions, including border patrol, immigration, and local emergency
medical services (EMS) personnel; motivational interview training to local social service and
treatment providers; consultation services to District Court Probation; de- escalation training
to social service providers; and ongoing mental illness awareness education and training to
service providers. In addition, they recently sent the local mental health court team to the
national conference on specialty courts. The people in these professions are not paid their
true worth. Providing free training, ongoing support, and technical assistance offsets costs
and improves their skills and knowledge when working with the most vulnerable citizens.
Whatcom County Council, 7/8/2014, Page 2
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Mann asked the fund balance. Deacon stated the current fund balance at the end of
2013 was about $5.4 million. Of that balance, $3 million is dedicated to the triage facility,
which is probably not enough. They also have $2.4 million for startup programs. They also
over - budgeted in 2014 by about $600,000 to draw down some of that balance. They
purposely built up the balance, and are now using it to increase some of the programs. The
Affordable Care Act implementation has been difficult. Some money was budgeted for
services, but was returned.
Brenner stated everything they're doing is good. She asked when the Behavioral
Health Advisory Committee will be part of the revenue recommendation. The advisory
committee includes every part of the community. She appreciates the work of the revenue
advisory committee, but they participate because of their profession rather than their
connection to the issue. Recommendations should go to the advisory committee. Deacon
stated the Behavioral Health Revenue Advisory Committee was set by ordinance to just
oversee the fund. It meets less frequently as the priorities are set. The Behavior Health
Advisory Board is the broader, more diverse board, and it sets the priorities of needs,
programs, and services. They start the advice process. The two have separate purposes.
Brenner stated it's important that funding issues go to the Advisory Board before
coming to the Council. Deacon stated they try to do that. A representative of the Advisory
Board also sits on the Revenue Advisory Committee to ensure that the wishes of the
Advisory Board are heard. Everything has gone to the Advisory Board before coming to the
Council.
Kremen stated he thanks Ms. Deacon for the presentation. The pursuit of a mental
health court has a lot of merit. He asked if the mental health court team learned about the
Cook County mental health court. Deacon stated Cook County was not represented this
year. The national center oversaw several programs, including one in Idaho. They know
the components necessary for a successful mental health court. She will present more
information in two weeks. An effective court saves $7.50 for every dollar spent.
Kremen stated a mental health court costs a lot to implement and operate. Any
sizeable fund balance will be used to run the court. He's glad for the fund balance.
Browne asked how the Sheriff's Office triages offenders with identified mental health
problems. Deacon stated that if the offender doesn't need to be arrested, the deputies have
diversion options, including the existing triage facility. Sometimes the officers can avert an
arrest altogether. A deputy may decide to take the person to the emergency room for
evaluation and treatment as opposed to jail, if there isn't a reason for an arrest. At this
point, it's all voluntary. In Washington State, there has to be a pickup order from a
designated mental health professional for law enforcement to pick someone up against their
will.
Browne asked how the process changes with the mental health court. Deacon stated
that the process doesn't change. Revised Code of Washington (RCW) 71.05 is clear about
involuntary treatment. In a voluntary situation, a mental health court might help if this
person is involved in the criminal justice system. There is a specific protocol for allowing a
person to go through the mental health court rather than the regular court. She will talk
more about it in two weeks.
Brenner stated the recidivism rate for drug court is much less than regular court.
That's where the savings come from. They get better outcomes.
Whatcom County Council, 7/8/2014, Page 3
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PUBLIC HEARINGS
1. ORDINANCE GRANTING ASTOUND BROADBAND, LLC, A NON - EXCLUSIVE
FRANCHISE FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES AND
OTHER SERVICES (AB2013 -331) (7:32:25 PM)
Weimer opened the public hearing and, hearing no one, closed the public hearing.
Crawford moved to adopt the ordinance.
Browne asked who is responsible for any damage done by the County to a line or
cable that the franchisee installed.
Andrew Hester, Public Works Department, stated the franchisee is required to keep
the area clear. If the area is not clear, it may be the franchisee's responsibility. If it is
clear, it may be the County's responsibility.
Browne asked if the amount is more than customary and how the amount is
established. Hester stated this is different from a cable television franchise, which has
federal limits on how much gross revenue they can receive. With this franchise, only cities
have the authority to request a franchise fee. Through negotiations, the County was able to
get what a city would typically get, which is six percent as defined in the Revised Code of
Washington (RCW).
Browne stated make sure the County receives revenue if it assumes any liability for
damage.
Crawford asked how much six percent is. Hester stated he will find out and provide
that information.
Crawford asked about the Comcast franchise. Hester stated the County is allowed to
ask for up to five percent from Comcast. That franchise is being negotiated right now. It is
set to expire next year.
Browne stated he appreciates anyone who will extend broadband coverage in
Whatcom County.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
2. ORDINANCE GRANTING PUBLIC UTILITY DISTRICT NO. 1 OF WHATCOM
COUNTY, A WASHINGTON MUNICIPAL CORPORATION, A FRANCHISE AND
THE RIGHT, PRIVILEGE, AND AUTHORITY THEREUNDER TO LOCATE, SET,
ERECT, LAY, CONSTRUCT, EXTEND, SUPPORT, ATTACH, CONNECT,
MAINTAIN, REPAIR, REPLACE, ENLARGE, OPERATE AND USE FACILITIES IN,
UPON, OVER, UNDER, ALONG, ACROSS AND THROUGH THE FRANCHISE AREA
TO ALLOW FOR THE PROVISION OF WATER SERVICES (AB2014 -180)
(7:37:49 PM)
Whatcom County Council, 7/8/2014, Page 4
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Andrew Hester, Public Works Department, gave a staff report and stated this is a
new franchise that will replace three existing franchises. The franchise covers the County's
entire right -of -way area, similar to other utility services.
Weimer asked if there is another process the Public Utility District (PUD) would have
to go through to actually put lines in the ground and run water to areas. Hester stated
there are County code regulations, planning, and permitting for building in the right -of -way.
Weimer opened the public hearing, and the following people spoke:
Steve ]ilk, Public Utility District (PUD) #1 General Manager, stated this is a
replacement of three existing franchises in place right now. Those franchises cover specific
main transmission lines from the treatment plants in Ferndale and north of Ferndale to
serve the Cherry Point area. The franchise is new in the sense that it covers all areas of
Whatcom County. The existing franchises now specifically cover the three pipelines that are
in place. The PUD has taken on ownership of the Grandview /Interstate 5 /Northgate water
system and developed extensions from the main transmission lines to serve water
associations and about 50 irrigation customers. The PUD has no plans at this time to
extend infrastructure to other locations in the county. Under the authority of the PUD,
established by vote in 1937, the PUD has the legal right to serve water and electricity
throughout Whatcom County. The County approved a franchise in 2011 to allow the PUD to
operate its electrical system throughout Whatcom County. The PUD reiterates that this
does not provide the PUD the opportunity to extend water service throughout the county.
That has to be provided through other means.
Karen Brown stated she opposes the franchise. The PUD should not get special
treatment. The PUD commissioners have said they have the right to tax the whole county.
The PUD has 13 miles in a small area that includes Cherry Point in which it can distribute
water and power. The PUD has taken two years to fix the legal paperwork for their
wellhead pipes and building that they operate for the Grandview water and fire system. She
asked why the County would grant a countywide franchise when the PUD can't serve its own
service area in a timely manner. Birch Bay Lynden Water and Sewer recycles 1.5 million
gallons in its water plant. They have been denied access to serve Cherry Point, which would
free up potable water from the Nooksack. Be aware of everything going on behind the
scenes before granting a countywide franchise.
Hearing no one else, Weimer closed the public hearing.
Weimer asked about the process the PUD would have to go through to provide water
service to the entire county. ]ilk stated it depends on the water rights, type of use, place of
use, point of withdraw, and whether the service is retail or wholesale. The place for which
they can provide retail service is defined in the Coordinated Water System Plan and by the
State Department of Health. The PUD water rights allow the PUD to provide wholesale
service throughout the county. The type and place of use is also defined in their water
rights. The PUD provided water to the British Petroleum (BP) refinery for industrial and
potable purposes until a couple of years ago. The quality of the water didn't meet Health
Department standards, and had to be treated. BP determined it was more cost efficient to
buy potable water directly from the Birch Bay Water and Sewer District. The Coordinated
Water System Plan was amended to allow the district to serve the BP refinery. The PUD
would have to go through that type of action to serve retail.
Whatcom County Council, 7/8/2014, Page 5
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Weimer asked if the County Council approves the amendments. Jilk stated they are
amendments to the Coordinated Water System Plan service area. The PUD can provide
wholesale water to anyone in the county just through an agreement.
Weimer stated the community is concerned that the PUD can provide water
wholesale without coming to the County for approval to run pipe in the County right -of -way.
Jilk stated they can do that now by running pipe through private easement agreements with
private property owners.
Browne asked if the PUD would not have to get private easements if the franchise is
approved and the PUD has access to the County rights -of -way. He asked if the PUD no
longer needs the County's permission to cross County roads with this franchise in place. ]ilk
stated that's correct. If the PUD is ever asked to take ownership of a portion of another
system or tie different systems together, and the route is best located within or crossing
County right -of -way, this franchise would allow the PUD to do that. The actual construction
still requires work with the County. There is no increased opportunity for the PUD. There is
no restriction on any other utility to keep them from applying for a similar franchise.
Brenner asked if an expansion would be prohibitively expensive without this
franchise. ]ilk stated it would not.
Browne asked if the County Health Department would require a property owner
seeking water service to get that water from the PUD, because the service areas will
overlap. Jilk stated the purpose of the Coordinated Water System Plan is to ensure that
water is available and those service areas don't overlap.
Jon Sitkin, PUD #1 Attorney, stated the PUD can only provide wholesale water, not
retail water. The franchise grants an easement through County rights -of -way to locate a
water line. It does not grant the authority to provide water service.
Kremen asked what the new franchise would do that the current franchises do not.
Jilk stated the current franchises cover the existing transmission lines. Also, there are
existing facilities that are not covered by the current franchises. If requested to serve other
parts of the county, the PUD will have that flexibility to work within the County right -of -way.
Kremen asked if this franchise gives the PUD no additional authority to serve. ]ilk
stated the franchise gives the PUD the authority to work within County rights -of -way, but
not to provide retail service to customers.
Brenner stated this franchise gives the PUD an advantage over other water utility
districts and associations. She's not sure why the current agreements don't work. If they
don't work, the County should change it for everyone. There should be a blanket ordinance
for all water providers.
Browne asked the location of the PUD water intake. Jilk stated one is at Pioneer Park
in Ferndale. Another is two miles upriver off of Trigg Road. Together, the PUD has water
rights equivalent to about 54 million gallons per day. They have the capacity to pump and
treat about 46 million gallons per day.
Browne stated draw the water at the low end of the river instead of the high end of
the river to protect fish. He asked for a service map and a chart of the current situation,
including anything noncompliant with permitting, and a map and chart after approval. He
struggles to understand what is changing.
Whatcom County Council, 7/8/2014, Page 6
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Weimer asked if approval of this franchise would enable growth in rural areas. ]ilk
stated that it could, but there are restrictions to the location and type of water, even though
it's a wholesale use. The PUD could still request to amend the Coordinated Water Service
Plan. The issue of providing water to expand development of rural areas is restricted based
upon zoning laws.
Jack Louws, County Executive, stated his experience in working with the PUD was
very positive during his years as the mayor of the City of Lynden. The PUD is going to be a
huge partner in the future to solve municipal water issues. He supports the franchise. If
any district with extra water wants the same opportunity as the PUD, the County would
grant them that same opportunity. It's not a competition. A blanket franchise would be a
problem, because the owners of the pipes in the ground are responsible to maintain them.
The PUD is bound by a contract to maintain the pipes by signing the franchise agreement.
The PUD commissioners are elected to serve everyone in the county. They will have to take
action on some of these franchises, which are expired or expiring soon.
Brenner stated she is not opposed to consolidating the three existing PUD franchises.
She is not comfortable with a countywide franchise. Treat all the providers the same.
Jilk stated the Council can grant an opportunity to serve countywide to any utility
district that requests it. It is a nonexclusive franchise. The PUD is the only public utility
established under the vote of the entire county in 1937 to serve all of Whatcom County with
electric and water service, so there is a difference.
Crawford moved to adopt the ordinance.
Browne moved to hold in Council until the PUD can prepare and provide documents
that will explain the impacts of combining the three franchises and the differences between
the current franchises and the proposed franchise. Provide a map that shows the current
service area and the areas out of compliance that would be brought into compliance by this
ordinance.
Kremen asked for clarity on what area the PUD currently serves and what the
potential new expanded service will be. Jilk stated neither this nor any franchise impacts
the PUD service area. The ability to serve water isn't granted by the franchise.
Crawford stated there is no harm in this ordinance. It's great that the jurisdictions
are working together to provide water. He hopes to change the Coordinated Water System
Plan someday to a countywide buildable water system plan for drinking water. Enable water
providers to move in that direction.
Browne restated his motion to describe the difference between this agreement
and existing agreements, specifically answering how this could impact or expand the supply
of water around the county.
Weimer suggested a friendly amendment to also ask the Planning and
Development Services Department staff to provide information.
Browne accepted the friendly amendment.
Whatcom County Council, 7/8/2014, Page 7
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The motion to hold in Council carried by the following vote:
Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6)
Nays: Crawford (1)
3. RESOLUTION AMENDING THE 2014 -2019 SIX -YEAR WATER RESOURCES
IMPROVEMENT PROGRAM TO ADD THE SYRE PROPERTY BANK
STABILIZATION AND ADD ADDITIONAL FUNDING FOR EMERGENCY REPAIR
WORK AT SWIFT CREEK (AB2014 -240) (8 :28:36 PM)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.)
Roland Middleton, Public Works Department, gave a staff report and stated this
amends the current six -year plan. The Board approved a supplemental budget. The
Revised Code of Washington (RCW) requires capital projects be part of the improvement
program passed by resolution. The bank stabilization project that the Board has been
discussing is included so work can commence this year.
Weimer opened the public hearing, and the following person spoke:
Terry Wechsler stated she is strongly opposed to the bank stabilization project.
Property owners have certain responsibilities when they buy next to rivers. There is much
work to do in the county regarding water. The County shouldn't do this bank stabilization
project.
Hearing no one else, Weimer closed the public hearing.
Brenner moved to approve the resolution.
Mann stated he supports the emergency repair work at Swift Creek but is opposed
the Syre property bank stabilization project, which uses public funds to bail out a private
landowner in a project that jumped to the top of the project priority list. He asked if they
could remove the bank stabilization project from this resolution. Middleton stated they
could. The Public Works Department is not bringing forward the bank stabilization project.
It was a request of the Board of Supervisors.
Paula Cooper, Public Works Department, stated she thinks the resolution should be
treated like the six -year transportation improvement plan.
Mann moved to amend the resolution to remove the Syre property bank
stabilization project and approve only the Swift Creek emergency repair project.
Kremen stated there is merit for both sides of the Syre project. He originally voted
to support the project. Fixing the erosion project several years ago when the problem
began would have cost a few thousand dollars. Now the cost is three - quarters of a million
dollars. He reluctantly supports the motion to remove the Syre property bank stabilization
project. It's difficult to spend that much money on a project that barely received a majority
vote of the advisory committee and was not included in the six -year plan.
Brenner stated she is against the motion to remove the Syre project. The
controversy is about the Syre name and about politics. She has no connection with David
Syre. She visited the site. The problem is worse than typical turbidity. She spoke to an
expert in the field who said it causes problems for salmon habitat. Also, the erosion is
Whatcom County Council, 7/8/2014, Page 8
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getting close to the highway. The State will take care of it by shutting down the highway.
The County is obligated to the people who live on the highway. It's about protecting
property that has public benefit and about protecting salmon habitat. They do this on other
private properties.
Weimer stated he supports the motion and will vote against funding the Syre project.
It's a low priority on the priority list. Funds in the amount of $750,000 can go a long way to
correct many other water issues before the Board. They can't afford to protect everyone's
property.
Brenner stated the erosion is happening quickly. They are risking residents' abilities
to get to and from critical services. This project is important. She recalls that the Flood
Control Zone District would request some of the cost be paid by the owner. Cooper stated
the repair and maintenance program has a 70/30 cost share. The District would request
30 percent of the cost from the Sumas /Everson /Nooksack Subzone District, but only two
positions are filled on the advisory committee.
The motion to amend carried by the following vote:
Ayes: Mann, Browne, Buchanan, Weimer and Kremen (5)
Nays: Crawford and Brenner (2)
The motion to approve the resolution as amended carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
4. RESOLUTION AMENDING THE 2014 -2019 SIX -YEAR TRANSPORTATION
IMPROVEMENT PROGRAM TO MODIFY THE TITLE AND PROJECT LIMITS OF
AN EXISTING PROJECT (AB2014 -241) (8:40:31 PM)
Roland Middleton, Public Works Department, gave a staff report and stated this
corrects an error in which they should have put the Lummi Nation transportation projects on
the list as part of the Gooseberry Point pedestrian project.
Browne asked if they are defining the area as anywhere in the Lummi Nation.
Middleton stated that's correct.
Mann asked if the first $2 million payment is dedicated to Gooseberry Point
improvement projects. Middleton stated it is $2 million for any transportation project the
Lummi Nation brings forward. They had to match it. The first project the Lummi Nation
identified was Gooseberry Point. The next project is Lummi Shore, and they may also do
improvements at other various locations.
Crawford asked if the area defined during the lease negotiation is no longer the
priority. Middleton stated it is. Future payments can go to other projects.
Kremen asked if the request tonight is to correct an oversight and elaborate on how
the money can be spent. Middleton stated that's correct.
Weimer opened the public hearing and, hearing no one, closed the public hearing.
Brenner moved to approve the resolution.
Whatcom County Council, 7/8/2014, Page 9
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The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
S. RESOLUTION AUTHORIZING THE SALE OF SURPLUS PROPERTY PURSUANT
TO WCC 1.10 (AB2014 -229A) (8:47:19 PM)
Weimer opened the public hearing and, hearing no one, closed the public hearing.
Browne moved to approve the resolution.
Brenner asked why they are getting rid of vehicles with fewer than 100,000 miles.
Frank Abart, Public Works Department Director, said they are for fleet reduction.
They are reducing the size of the fleet.
Brenner stated they should keep these vehicles instead of getting new vehicles in the
future.
Kremen stated the County will get more money for the vehicles when they're sold at
auction, and it won't replace these vehicles. He commends staff and the administration for
this fleet reduction. He supports the resolution.
Browne asked if the older vehicles have lower fuel economy. Abart stated that's
correct.
Browne stated the industry began to include a suite of safety features on the newer
vehicles. He supports the resolution because the newer vehicles will have a lower operating
cost and greater driver safety.
The motion carried by the following vote:
Ayes: Mann, Crawford, Browne, Buchanan, Weimer and Kremen (6)
Nays: Brenner (1)
6. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 TO ALLOW
PACKINGHOUSES AND SLAUGHTERHOUSES IN THE AGRICULTURE (AG),
HEAVY IMPACT INDUSTRIAL (HII), AND RURAL AND INDUSTRIAL
MANUFACTURING (RIM) ZONING DISTRICTS (AB2014 -060D) (8:54:49 PM)
Weimer opened the public hearing, and the following person spoke:
Terry Wechsler stated she is the attorney for the appellant in the appeal of the
original slaughterhouse ordinance. There are still issues regarding the lawsuit in terms of
small farming. The question is why allow the larger facilities in the agricultural district if
they are going to rezone the RIM and HII zones to allow both slaughtering and processing.
Restrict the larger facilities to the RIM and HII zones. Also, the public was never asked for
input on the RIM and HII zones. There has been no State Environmental Policy Act (SEPA)
process. It would be appropriate to require site - specific SEPAs.
Hearing no one else, Weimer closed the public hearing.
Mann moved to adopt the ordinance.
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Brenner stated the RIM and HII zones are for bigger projects and they will receive
more scrutiny. It also costs more to build in those zones, which have public water. There is
usually water availability in those areas, and the use won't be near a residential area.
Those applications would be treated differently from those in the agricultural zone. They did
a good job with that language.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
OPEN SESSION
(9:00:27 PM)
The following people spoke:
• Greg Brown spoke about scheduling Open Session earlier in the Council
meeting.
• Karen Brown spoke about the ordinance amending the 2014 Whatcom County
Budget, thirteenth request, in the amount of $790,206 (AB2014 -255).
Jack Louws, County executive, stated this item is for a pictometry project for the
geographic information system (GIS), not for drones.
Crawford stated he would like the Public Works Department to purchase a
photography - capable quad - copter to study river erosion projects. He would like to pursue
that at some point.
• Carole Perry spoke about the use of acronyms in County documents.
CONSENT AGENDA
(9:09:03 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through eight, including an additional request
for Consent Agenda item three to authorize the Executive to enter into sub - recipient
agreements resulting from this grant agreement.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND GERALDINE COLEMAN, SCOTT
MAWSON AND MARGARET MAWSON FOR CHILDREN'S REPRESENTATION IN
DEPENDENCY PROCEEDINGS, IN THE AMOUNT OF $76,548 (AB2014 -245)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERAGENCY AGREEMENT BETWEEN WHATCOM COUNTY AND
WASHINGTON STATE DEPARTMENT OF COMMERCE - BYRNE JUSTICE
ASSISTANCE GRANT PROGRAM TO SUPPORT POSITIONS IN THE SHERIFF'S
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OFFICE AND PROSECUTING ATTORNEY'S OFFICE AND OPERATIONAL COSTS
FOR THE DRUG TASK FORCE, IN THE AMOUNT OF $131,738 (AB2014 -246)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT
AGREEMENT BETWEEN WHATCOM COUNTY AND THE STATE MILITARY
DEPARTMENT TO SUPPORT ENHANCED COOPERATION AND COORDINATION
AMONG LOCAL, TRIBAL, TERRITORIAL, STATE AND FEDERAL LAW
ENFORCEMENT AGENCIES IN A JOINT MISSION TO SECURE THE
INTERNATIONAL BORDERS OF THE UNITED STATES, IN THE AMOUNT OF
$447,391 (AB2014 -247)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #14 -40
TO THE RESPONSIVE BIDDER, PAPE MACHINERY, FOR THE SUPPLY OF TWO
SELF - PROPELLED PNEUMATIC TIRE ROLLERS, IN THE AMOUNT OF $170,562
(AB2014 -248)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ACCEPT ALL BIDS FOR
THE ANNUAL SUPPLY OF ROCK, GRAVEL AND SOIL FOR USE AS NEEDED FOR
VARIOUS COUNTY MAINTENANCE PROJECTS, AND SELECT THE
APPROPRIATE VENDOR AS DICTATED BY THE SPECIAL CIRCUMSTANCES OF
EACH PARTICULAR JOB, IN AN AMOUNT TO EXCEED $50,000 (AB2014 -249)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #14 -39
TO BOTH GRANITE CONSTRUCTION AND WHATCOM BUILDERS FOR THE
ANNUAL SUPPLY OF ASPHALTIC MIXES, AND SELECT THE VENDOR THAT
HAS THE BEST VALUE BASED ON PRICE AND COST TO TRANSPORT THE
PRODUCT TO THE JOB SITE, IN AN AMOUNT THAT COULD EXCEED $50,000
(AB2014 -250)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #14 -33
AND ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE LOW
BIDDER, HENIFIN CONSTRUCTION, LLC FOR THE CORONADO - FREMONT
STORMWATER IMPROVEMENTS, IN THE AMOUNT OF $278,884.33 (AB2014-
251)
8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND ARC OF WHATCOM COUNTY
TO PROVIDE COMMUNITY INFORMATION, EDUCATION, AND FAMILY
SUPPORT SERVES TO INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,
THEIR FAMILIES /CAREGIVERS, AND THE PUBLIC, IN THE AMOUNT OF
$65,000 (AB2014 -252)
OTHER ITEMS
1. RESOLUTION COMMENCING THE COORDINATED WATER SYSTEM PLAN
UPDATE PROCESS (AB2014 -253) (9:10:23 PM)
Brenner reported for the Public Works, Health, and Safety Committee and stated this
is held in committee for two weeks.
Whatcom County Council, 7/8/2014, Page 12
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EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S REAPPOINTMENT
OF JANA FINKBONNER TO THE NORTHWEST SENIOR SERVICES BOARD
(AB2014 -254) (9 :11 :01 PM)
Kremen moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
INTRODUCTION ITEMS
(9:11:37 PM)
Crawford moved to accept the Introduction Items.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
1. RECEIPT OF APPEAL OF A HEARING EXAMINER'S DECISION (APL2014 -0001
& APL2014- 0002), FILED BY DAVID STALHEIM, REGARDING A 180 DAY
EXTENSION TO A LAND DISTURBANCE PERMIT (LD02011 -0054) ISSUED TO
PACIFIC INTERNATIONAL TERMINALS, INC. (AB2014 -208)
2. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET,
THIRTEENTH REQUEST, IN THE AMOUNT OF $790,206 (AB2014 -255)
3. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 20.13,
WIRELESS COMMUNICATIONS FACILITIES, TO STREAMLINE PERMIT
PROCESSING ON ROUTINE WIRELESS COMMUNICATION EQUIPMENT
UPGRADES ON EXISTING, APPROVED, AND CONFORMING SITES; ADD A
NEW SECTION ON PERMITTED USES; REORGANIZE THE CHAPTER TO BETTER
MATCH THE ORGANIZATION OF OTHER TITLE 20 CHAPTERS; AND AMEND
CHAPTER 20.97 — DEFINITIONS (AB2014 -256)
4. ORDINANCE AMENDING WHATCOM COUNTY CODE 24.13,
DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING OR STORAGE
SITES(AB2014 -257)
S. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.03, BOARDS AND
COMMISSIONS, TO CHANGE APPLICATION DEADLINES (AB2014 -258)
6. RESOLUTION AMENDING WHATCOM COUNTY CODE 100.02, FLOOD
CONTROL ZONE DISTRICT ADVISORY COMMITTEE VACANCIES, AND
WHATCOM COUNTY CODE 100.06, SUBZONE ADVISORY COMMITTEE
VACANCIES (AB2014 -259)
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COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
(9 :12 :09 PM)
DISCUSSION REGARDING A PROPOSAL TO CREATE A SCENIC LOOP IN
POINT ROBERTS (AB2014 -243).
Brenner reported for the Public Works, Health, and Safety Committee and moved
to recommend the concept of a scenic loop in Point Roberts, and this item has only to do
with signage.
route.
Crawford asked if the County Council would formally designate the loop as a scenic
Kremen stated it would.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Buchanan reported for the Natural Resources Committee on the Water Action Plan
update (AB2014 -067A) presented by Tyler Schroeder, Executive's Office.
Crawford reported for the Finance and Administrative Services Committee on the
Executive's Report. Few councilmembers attended. He asked if councilmembers prefer
that he give this report at the end of the evening meetings.
Weimer stated he prefers to have the report at the beginning of the Finance and
Administrative Services Committee meetings.
The Council concurred.
Browne reported that July 1St was the 25th anniversary of the Sanitary Services
Company (SSC) recycling program.
Weimer reported he attended a very good Lake Whatcom Policy Group meeting in
which they considered the need for $300,000 of local money to supplant grant money. Also,
he can't attend the next meeting on July 14 and would like another councilmember to
attend in his place.
Mann stated he will attend.
Weimer reported he will also not be able to attend the next surface water work
session on July 15. Councilmember Crawford also indicated he can't attend, so he wants to
make sure the Council has a quorum.
Brenner reported she attended a play by the Lummi Nation entitled "What About
Those Promises ?" She was very impressed by the quality of the play.
Kremen reported he also attended the Lummi Nation play. Also, the annual
raspberry festival is scheduled July 19 from 9:00 a.m. to 6:00 p.m. on Front Street in
Lynden.
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Louws reported on the successful and seamless handoff from the Bellingham Fire
District to Fire District 7. He thanked the staffs and chiefs of the two districts.
ADJOURN
The meeting adjourned at 9:29 p.m.
The Council approved these minutes on September 16, 2014.
ATTEST:
Dana Brown - Davis, Council Clerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Whatcom County Council, 7/8/2014, Page 15