HomeMy WebLinkAboutCouncil May 20 20141
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WHATCOM COUNTY COUNCIL
Regular County Council
May 20, 2014
CALL TO ORDER
Council Vice -Chair Ken Mann 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, Pete Kremen, Rud Browne
and Barry Buchanan.
Absent: Carl Weimer.
FLAG SALUTE
ANNOUNCEMENTS
(7:01:46 PM)
Mann announced there was discussion with Chief Civil Deputy Prosecutor
Daniel Gibson regarding potential Flood Control Zone District property purchase
(AB2014 -018) in executive session during the Committee of the Whole meeting. The
Committee provided guidance to staff about doing some initial research.
MINUTES CONSENT
(7:02:23 PM)
Brenner moved to approve the Minutes Consent items.
The motion carried by the following vote:
Ayes:
Brenner, Mann, Crawford, Buchanan, and Kremen (5)
Nays:
None (0)
Abstains:
Browne (1)
Absent:
Weimer (1)
1. SURFACE WATER WORK SESSION FOR APRIL 29, 2014
2. COMMITTEE OF THE WHOLE FOR MAY 6, 2014
PUBLIC HEARINGS
1. ORDINANCE ESTABLISHING CHARGES /FEES FOR PROVIDING ADVANCED
LIFE SUPPORT (ALS) AMBULANCE TRANSPORT SERVICES IN WHATCOM
COUNTY (AB2014 -121A) (7:03:20 PM)
Whatcom County Council, 5/20/2014, Page 1
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Mann opened the public hearing and, hearing no one, closed the public hearing.
Crawford moved to adopt the ordinance. He is the Council representative on the
Medic One board. This has been the product of considerable analysis and discussion. The
City of Bellingham, Whatcom County, and fire districts are cooperating and communicating
at an unprecedented level. There is a unified approach to various issues. He's encouraged
about how the Medic One situation has evolved over the last few years.
This includes an increase in fees. With so much increase in medical costs while they
get less and less compensation from the federal health system, he is in favor of shifting
those costs to the users of the service. If they don't shift costs, all taxpayers will have to
pay. An increase in ambulance service cost for the user is tough, but they must
acknowledge that maintaining the past system of funding will not provide a financially
sustainable system into the future. This is necessary. Users will have to absorb more of the
cost.
Brenner stated Medicare, and possibly Medicaid, only allows charges of a certain
amount.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, and Kremen (6)
Nays: None (0)
Absent: Weimer (1)
OPEN SESSION
(7:07:48 PM)
The following people spoke:
• Greg Brown, Lummi Island Ferry Advisory Committee, submitted and read from a
handout (on file) to thank the County Public Works Department Director and staff
and County Council for good works during National Public Works Week.
• Frank Abart, Public Works Department Director, thanked the LIFAC members and
general Lummi Island community for the appreciation.
CONSENT AGENDA
(7 :11:22 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through seven.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, and Kremen (6)
Nays: None (0)
Absent: Weimer (1)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT
AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE
DEPARTMENT OF ECOLOGY FOR DEVELOPMENT OF WISER LAKE
Whatcom County Council, 5/20/2014, Page 2
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INTEGRATED AQUATIC VEGETATION MANAGEMENT PLAN, IN THE AMOUNT
OF $15,450 (AB2014 -187)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND ELDRED &
ASSOCIATES, LLC, TO PERFORM FACILITATION SUPPORT SERVICES FOR
THE WRIA 1 PLANNING UNIT, IN THE AMOUNT OF $20,000, FOR A TOTAL
AMENDED CONTRACT IN THE AMOUNT OF $42,000 (AB2014 -188)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD
CONSTRUCTION CONTRACT BID #14 -28 FOR 2014 HOT MIX ASPHALT
PRELEVEL AT VARIOUS LOCATIONS TO THE LOWEST BIDDER, WHATCOM
BUILDERS, INC., IN THE AMOUNT OF $1,083,838 (AB2014 -189)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #14 -23
FOR THE ANNUAL DRYDOCK REPAIRS AND MAINTENANCE OF THE
WHATCOM CHIEF FERRY TO THE LOW BIDDER, VIGOR MARINE, IN THE
AMOUNT OF $221,433 (AB2014 -190)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #14 -18
FOR RENTAL CONSTRUCTION EQUIPMENT TO ALL BIDDERS, IN AN AMOUNT
THAT MAY EXCEED $35,000 WITH A SINGLE VENDOR (AB2014 -191)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST YOUTH
SERVICES FOR HOUSING CASE MANAGEMENT SERVICES, IN THE AMOUNT
OF $108,054 (AB2014 -199)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND LYDIA PLACE FOR HOUSING
CASE MANAGEMENT SERVICES, IN THE AMOUNT OF $216,675 (AB2014 -200)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, TENTH
REQUEST, IN THE AMOUNT OF $1,911,591 (AB2014 -178) (7:12 :25 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, and Kremen (6)
Nays: None (0)
Absent: Weimer (1)
2. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 3.08,
PURCHASING SYSTEM, TO MODIFY THE REQUIREMENTS FOR BID
SPECIFICATIONS, DEPOSITS, AND AWARDS (AB2014 -183) (7 :13 :16 PM)
Crawford reported for the Finance and Administrative Services Committee and stated
this item has been held in committee.
Whatcom County Council, 5/20/2014, Page 3
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3. RESOLUTION AMENDING THE 2014 FLOOD CONTROL ZONE DISTRICT
BUDGET, FOURTH REQUEST, IN THE AMOUNT OF $4,725 (AB2014 -179)
(7:13:47 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, and Kremen (6)
Nays: None (0)
Absent: Weimer (1)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND 2020 ENGINEERING, INC.
FOR THE BIRCH POINT STORMWATER MANAGEMENT STUDY, IN THE
AMOUNT OF $60,000 (AB2014 -186) (7:14:38 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, Buchanan, and Kremen (5)
Nays:
None (0)
Abstains:
Browne (1)
Absent:
Weimer (1)
S. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 TO ALLOW
PACKINGHOUSES AND SLAUGHTERHOUSES IN THE AGRICULTURE (AG),
HIGH IMPACT INDUSTRIAL (HII), LOW IMPACT INDUSTRIAL (LII), AND
RURAL AND INDUSTRIAL MANUFACTURING (RIM) ZONING DISTRICTS
(AB2014 -060B) (7:15:36 PM)
This item has been withdrawn from the agenda and will be rescheduled.
6. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
CHRISTINA KOBDISH TO THE BELLINGHAM - WHATCOM COUNTY
COMMISSION AGAINST DOMESTIC VIOLENCE (AB2014 -192) (7:16 :03 PM)
Buchanan moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, and Kremen (6)
Nays: None (0)
Absent: Weimer (1)
Whatcom County Council, 5/20/2014, Page 4
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7. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
SUE SULLIVAN TO THE WHATCOM COUNTY PUBLIC HEALTH ADVISORY
BOARD (AB2014 -193) (7:16:22 PM)
Kremen moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, and Kremen (6)
Nays: None (0)
Absent: Weimer (1)
8. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
AMBER POULEY TO THE BICYCLE/ PEDESTRIAN ADVISORY COMMITTEE
(AB2014 -194) (7 :16:43 PM)
Browne moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, and Kremen (6)
Nays: None (0)
Absent: Weimer (1)
9. RESOLUTION OF BELLINGHAM CITY COUNCIL AND WHATCOM COUNTY
COUNCIL RECOGNIZING WHATCOM MEDIC ONE FOR 40 YEARS OF
PROVIDING ADVANCED LIFE SUPPORT SERVICE THROUGHOUT THE CITY OF
BELLINGHAM AND WHATCOM COUNTY (AB2014 -195) (7 :17 :00 PM)
Mann read the resolution into the record.
Buchanan moved to approve the resolution.
Kremen stated Whatcom County has the best emergency medical services (EMS)
system in the state. He described the history of the EMS system in Whatcom County. The
total cost for the service when they began in 1974 was $60,000. Today the cost is $8
million. They're getting their money's worth. The community is fortunate to have the
system. He supports the resolution.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, and Kremen (6)
Nays: None (0)
Absent: Weimer (1)
INTRODUCTION ITEMS
(7:21:47 PM)
Browne moved to accept Introduction Items one through five.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, and Kremen (6)
Nays: None (0)
Absent: Weimer (1)
Whatcom County Council, 5/20/2014, Page 5
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1. 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)
4. ORDINANCE AMENDING ORDINANCE 2013 -027, TO ESTABLISH THE
SUPERIOR COURT FOURTH JUDGE COURTROOM RENOVATION PROJECT
FUND AND ESTABLISH A PROJECT BASED BUDGET FOR THE SUPERIOR
COURT FOURTH JUDGE COURTROOM RENOVATION PROJECT (AB2013 -206)
S. ORDINANCE AMENDING THE 2013 -2014 WHATCOM COUNTY BUDGET, 11TH
REQUEST, TO APPROPRIATE $1,422,464 TO FUND A TRANSFER FROM NON -
DEPARTMENTAL TO SUPERIOR COURT 4TH JUDGE REMODEL PROJECT FUND
(AB2014 -207)
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
(7:22 :50 PM)
Browne reported that the Airport Advisory Committee is reorganizing into two groups
that consist of a citizen group and a technical group. The citizen group will primarily
concern itself with noise complaints. He suggested to Port Commissioners that they and the
Council should interact on economic development issues and transportation issues, possibly
through a different meeting group. Councilmember participation is currently in limbo.
DISCUSSION OF FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE
RECOMMENDATION ON SYRE PROPERTY EROSION (AB2014 -185)
Buchanan reported for the Natural Resources Committee and stated the committee
discussed the Syre property. He moved to provide direction to Public Works Department
staff to move forward with the Syre farm bank stabilization project.
Crawford stated he would like the Council to be kept informed about whether or not
it's practical to do this project this year. He is open to the idea that they may have to
delay through the winter if it's in the best judgment of staff. He supports moving forward.
He was originally not in favor of this project because it was far down on the priority list of
water projects and flood projects. However, the advisory committee deliberated on this for
a few months, and the majority agreed that this project move forward. He respects their
judgment, particularly the agricultural interests on the advisory committee. These citizens
are very aware of the County's limited resources. He will support the project.
Whatcom County Council, 5/20/2014, Page 6
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Browne stated he is concerned that the ordinance that lists the priorities for the use
of these funds doesn't support this project. Also, the repair and maintenance program
requires a citizen to contribute a minimum of 30 percent to any citizen - requested project.
There has been no discussion of landowner contribution to the project. There are
unanswered questions about whether this is within the purview of what the flood monies are
supposed to be used for.
Paula Cooper, Public Works Department, stated the project site is within the
Sumas /Nooksack /Everson Flood Subzone. Typically the subzone district would contribute
30 percent. Right now, that subzone advisory committee has only two members, and they
haven't discussed this. They would be approached for the 30 percent match.
Crawford asked if staff would contact them if the Board approves this item tonight.
Cooper stated she's let them know the County is discussing this project.
Mann stated he is against the proposal. The site is beautiful with valuable farmland,
which they all want to protect and preserve. However, the Council must make difficult
choices. It is wrong to use at least $750,000 public dollars to preserve a small piece of
private property. It sets a precedent for anyone to ask the County to bail out a private
landowner with eroding river frontage. He's been consistent about opposing these types of
projects. For this project, it would be cheaper to buy the property than try to protect or
armor it in a way that could be washed downstream one year later.
While on those committees, heartstrings get pulled because people sympathize with
farmers and property owners. However the Council must guard public tax dollars. There
isn't a compelling public interest in this case. There is a State highway there. The State
will be responsible for that when the time comes. There aren't any legitimate scientific fish
issues about whether this erosion is somehow contributing sediment to the river at this
location. They haven't heard from anyone, and there are plenty of environmentalists in this
county trying to protect fish. None have stepped forward to say there is a compelling
problem. The landowner is sophisticated and knew what he was getting into when he
bought it. For all of those reasons, he opposes this item. Most importantly is the principle
of using public dollars to bail out a private landowner's property. That is not the County's
job. The Council cannot disaster -proof the County in advance and will not bail out everyone
after the fact. The County can't afford it. It's not right. It's not the government's job.
Oppose this item.
Brenner stated she supports this project. It isn't about bailing out anyone. It's
about protections on the river that have more to do with salmon habitat. Environmentalists
can say whatever they want. This is little to them. There is a bigger issue to them. She's
an environmentalist and cares about this. She visited the site. The river is filthy brown
because they've lost so much land in the last year or two. Salmon won't be able to spawn
in that part of the river with that kind of sediment. From the beginning, Public Works staff
didn't want to do this. She's heard nothing but negative things about the project. The
County caused that problem when it stopped dredging the river, and a huge island formed
next to the property, which is funneling the water right into it. It is an important issue to
protect salmon.
Browne read the criteria for choosing the projects from Whatcom County Code
(WCC) 100.050.010 to .060. This project doesn't meet those criteria. The Code also says
that property owners or local sponsors should pay 30 percent of the total cost of any flood
control repair and maintenance project, including design and permitting. His biggest issue
is that they are jumping around the established process in the County Code. If the
Whatcom County Council, 5/20/2014, Page 7
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established process doesn't result in the decisions the Council wants, the Council should
change the code, not just make a decision outside the code.
Brenner stated another section of the code probably applies to this project. They
deal with all kinds of flood issues using flood control money. This is not outside that realm.
The County even has regulations and codes that contradict each other. Don't rely on the
language in that one section of the code that says they can't use the funds for this particular
project.
Mann stated he agrees that this has gone outside the ranking process. They have an
excellent process they established for this reason. Whenever they get familiar with the
details of a project, they want to help people and save people's properties. However, they
must rank these projects, and this was 150th on the list. This project moved up on its own
and has gotten special treatment. It doesn't follow the established process.
Browne stated using any resources to do this project, even if it is just to manage an
independent contractor, takes resources away from other projects. The department has a
finite amount of labor. The County has major issues in this area, including Swift Creek,
Deming, and ]ones Creek. Deming and ]ones Creek have impacts to schools and kids,
which is a higher priority for him than vacant land.
Crawford stated he is trying to address the resources conflict with other projects by
saying that Public Works could delay the project to the summer of 2015 if necessary. They
must keep moving forward on those major projects. Staff should consider that internal
resources are a legitimate reason for a delay of this Syre property project. He switched his
opinion on the use of the money. He respects prioritization, but it's not as simple as setting
a bunch of priorities on a list. If it were, they could hand the list to staff and quit talking
about it. There's more to it than that. The situation with the river and the decision on
where to put resources are dynamic and changing. This is not the first time they've
diverted projects. The Council and the advisory committee are trying to respond to a
changing situation. He hopes they all respect the priority list, but is not opposed to raising
a particular project if necessary.
Kremen stated there is merit to arguments on both sides of the issue. The Council
needs to give credence to the prioritization of the advisory committee, even though it wasn't
a super- majority vote. It's hard now to get volunteers to serve on these kinds of decision -
making organizations and committees. If the Council disregards their discussion, time, and
recommendations, it will be even harder to get people to serve on these kinds of advisory
committees. Councilmember Brenner's concern about impacts of sediment debris to salmon
habitat is valid. The sediment also creates potential flooding situations downriver.
Councilmember Browne's points also are valid. However, he disagrees that this is the
County's fault for not dredging the river. He's frustrated that the State Department of Fish
and Wildlife could have given the County a permit eight years ago to address the erosion
problem at this property when the problem was small, but didn't. The cost to address the
problem at the time was approximately $7,000, not $750,000. That was a bad decision
they have to live with. He supports this project.
Buchanan asked for a legal opinion about the code recitals that Councilmember
Browne read.
Karen Frakes, Prosecutor's Office, stated she's not prepared to give a legal opinion
now. If there is a concern about it, she would like to take time to study it.
Whatcom County Council, 5/20/2014, Page 8
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Brenner stated there is potential to wash out the State highway. They can say it's
the State's responsibility, but the State doesn't always come through when it is supposed
to. County residents live out there. That road is extremely important.
Mann stated it is infrastructure. If the County begins to preemptively help the State
pay for things, that will get expensive quickly.
Browne stated he is the Council representative on the Flood Control Zone District
Advisory Committee and attended all the meetings on this topic. When this decision was
made at the last meeting, many different committee members had different interpretations
of the mandate. He asked to provide a clear set of guidelines on the mandate of how this
money should be spent. Given that there is a lot of confusion on the committee, know that
the committee vote was 7 -5. Five members of the committee, many of whom have been on
the committee for years, don't believe this is a good use of funds.
Buchanan asked if this expense is authorized based on the code recitals that
Councilmember Browne read. Frakes stated that according to the code, property owners or
local sponsors shall pay at least 30 percent of the total cost of the project, but there is a
provision that allows the Board of Supervisors to approve a different formula.
Crawford stated the code says that financial participation of the subzone district shall
be determined by the Board of Supervisors on a case -by -case basis.
Mann stated that regardless of the percent contributed by the County, this is not an
appropriate use of public funds. They haven't heard any technical evidence or testimony
about whether or not the erosion at this site is good or bad for salmon. He hasn't heard any
testimony about downstream effects of fixing this problem. Once they start messing with
the river, all kinds of unintended consequences happen.
Browne asked if this project does not meet any of the four guidelines listed in the
code. That question needs to be answered.
Brenner stated they discussed the potential for eroding away the road during the
surface water work session, which meets three of those priorities. It also will affect the
economy of everyone east of the location.
Kremen stated this and prior councils have put a high priority on protecting
agricultural land. Councilmember Mann's suggestion that the County just buy it and let it
erode may be valid. The County has spent millions on protecting agricultural land because
it is a high priority of the Council. That's why this difficult issue should be supported. The
County, its economy, and its people support and depend on the agricultural industry.
Support the resolution.
Mann stated that if they're interested in protecting agricultural land, there are many
other ways to get a return on an investment of $750,000 that would be better than a
temporary repair on the Nooksack River.
Browne stated the original project proposed to accomplish the goal cost $2.2 million.
This proposal is an attempt to lower the cost, but offers no guarantee that it will actually
work.
Whatcom County Council, 5/20/2014, Page 9
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Kremen moved to conclude debate and vote on the motion.
The motion to conclude debate carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, and Kremen (6)
Nays: None (0)
Absent: Weimer (1)
The motion to approve staff direction carried by the following vote:
Ayes: Brenner, Crawford, Buchanan, and Kremen (4)
Nays: Mann and Browne (2)
Absent: Weimer (1)
Brenner reported for the Public Works, Health, and Safety Committee on the
presentation by Puget Sound Energy on infrastructure updates planned for
Whatcom County (AB2014 -204).
DISCUSSION REGARDING A CITIZEN PROPOSAL TO INSTALL A CROSSWALK AT
THE INTERSECTION OF LAKEWAY DRIVE AND PARKSTONE LANE (AB2014 -203)
Brenner reported for the Public Works, Health, and Safety Committee and moved
to request that the administration and Public Works Department develop and provide the
Council with the top three crosswalk plans, including price estimates, with at least one
model using the Kirkland Pedflag, in the vicinity of Parkstone Lane as mentioned by the
proponents.
Crawford asked if this would be part of the six -year plan.
Frank Abart, Public Works Department, stated the staff is supposed to come back
with options for further discussion. There isn't a project yet to put into the plan. If it
becomes a project, they will want to incorporate it into the six -year plan.
Kremen stated they also want to know the costs of the options, which will determine
whether or not it will go onto the six -year plan.
Abart stated he's already talked to staff about this direction.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, and Kremen (6)
Nays: None (0)
Absent: Weimer (1)
Brenner stated she attended an awards events presented by Northwest Washington
Sustainability Challenge for Western Washington University students who invented things.
She described some of the inventions. She invited the students to present their inventions
to the Public Works Committee.
Crawford stated he will be absent from the Council meeting on August 5.
Whatcom County Council, 5/20/2014, Page 10
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ADJOURN
The meeting adjourned at 8:01 p.m.
The Council approved these minutes on July 8, 2014.
ATTEST:
Dana Brown - Davis, Council Clerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Ken Mann, Council Vice -Chair
Whatcom County Council, 5/20/2014, Page 11