HomeMy WebLinkAboutCouncil November 25 20141
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WHATCOM COUNTY COUNCIL
Regular County Council
November 25, 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
(7:00:20 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Carl Weimer, Pete
Kremen, Rud Browne and Barry Buchanan.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
CITIZEN BOARD AND COMMITTEE VACANCIES
Weimer announced 3 vacancies on the Sumas /Everson /Nooksack Flood Control
Subzone Advisory Committee
PUBLIC HEARINGS
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 16.20, WHATCOM COUNTY
SHELLFISH PROTECTION DISTRICT (AB2014 -351)
Weimer opened the public hearing, and hearing no one, closed the public hearing.
Brenner moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
2. RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT FOR 2015 (AB2014 -377) (7:03 :25 PM)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.)
Weimer opened the public hearing, and the following person spoke:
Greg Brown stated don't collect money unless it's spent on flood projects.
Whatcom County Council, 11/25/2014, Page 1
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Hearing no one else, Weimer closed the public hearing.
Browne moved to approve the resolution.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
3. RESOLUTION ADOPTING THE 2015 BUDGET FOR THE WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT AND SUBZONES (AB2014 -378) (7:04 :47 PM)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.)
Weimer opened the public hearing, and the following person spoke:
Greg Brown stated don't spend money on the water action plan items, including the
pollution identification and control (PIC) and total maximum daily load (TMDL) requirements,
from the flood fund. Find funding elsewhere.
Hearing no one else, Weimer closed the public hearing.
Buchanan moved to approve the resolution.
Brenner asked if the PIC and TMDL programs are funded from the flood fund.
Gary Stoyka, Public Works Department, stated the PIC program is funded from the
flood fund, but grant funds are also going toward the PIC program. The TMDL is funded from
the stormwater fund, which gets its funding from several sources, including the flood fund,
real estate excise tax, and grants.
Brenner moved to pay for PIC and TMDL programs with the general fund, not the
flood fund. These aren't flood issues.
Mann stated the name of the fund indicates it's for the Flood Control Zone District, but
the State legislature allows the fund to address water in general. Instead of changing the
funding structure, it is more accurate to change the name of the fund. The flood fund is
really a water resources fund. He appreciates the concern, but this is the right thing to do
with that money.
Brenner stated the public supported the flood fund for flooding issues, not other
issues. The State broadened the allowed uses of the fund rather than providing additional
funding for water resource issues. That's not fair to the people who voted for the flood fund.
She would support a ballot measure to change the use.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Brenner moved to spend 75 percent of the flood fund on flood issues, and 25 percent
on other water issues.
Whatcom County Council, 11/25/2014, Page 2
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Crawford asked why Councilmember Brenner chose the 75/25 percentages.
Brenner stated the County would lower the fund balance a lot slower. Make sure a
percentage stays in the flood fund.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Weimer moved to add $150,000 to budget line item 169119, natural resource
operations, for outreach and enforcement issues regarding pollution of the Nooksack River.
He recently learned of the Ten Mile Creek project, which is an example of the best citizen
outreach program. That recently got turned down for a grant program. The Conservation
District said the money they are provided isn't adequate for them to do the outreach they
need to do. Prosecutor McEachran indicated that no one told him the County might increase
enforcement. The $150,000 is contingent until the Council can discuss and approve it in
2015.
Crawford stated he is against the motion. The Executive is adding two planner
positions, increasing a third position, adding two vehicles, and designating money for
landowner incentives and code enforcement. The level of response the Executive proposed
while working with the Council, given the rise in fecal coliform levels, is appropriate. They
still have flood issues to deal with.
Brenner asked if the two new enforcement staff will work both with Planning
Department staff and Public Works Department staff.
Tyler Schroeder, Executive's Office, stated one position will work exclusively with the
PIC program.
Weimer stated the administration has done a good job bringing forward water
programs. The Council made the water action plan a priority. Ensure they will be successful.
The current fecal coliform level costs the Lummi Nation $800,000 per year. They need to
move forward adequately.
Kremen stated the effort is laudable. However, they must demonstrate fiscal
restraint. Funding is limited and will decline due to reduced State and federal government
funding. All the money is taxpayer money, regardless of what fund it comes from. The
proposal has merit and the issue is valid. They can't afford another amendment at this time.
Mann asked if this money would be set aside for outreach and enforcement.
Weimer stated it would go mostly toward outreach. The Ten Mile program is the
model citizen -to- citizen outreach program. There is no money for it in the budget. Discuss
with the groups whether they need more money. Mr. McEachran will be the enforcement
piece. The State Department of Health and State Department of Ecology inspectors can't get
on people's property unless they are enforcing the critical areas ordinance. Someone in the
Prosecutor's Office would have to coordinate that effort for those other agencies. There's no
money in the budget to do that.
Mann referenced a memo from the Planning Department about enforcement issues.
The administration can shift personnel around when necessary. It's not a shortage of
Whatcom County Council, 11/25/2014, Page 3
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personnel, it's a decision about where to deploy County assets. The lack of enforcement has
been a crisis. He likes the proposal, because it allocates a resource to augment the
Prosecutor's Office and for outreach. The fiscal implication is a concern.
Browne stated the issue is important. He asked if they can leave the money in the
flood fund now, and move it later if necessary.
Weimer stated this is the time the Council can appropriate money. After tonight, they
have to rely on the administration to bring forward the program.
Buchanan stated it's a good idea to appropriate the money. Before spending it, he
would like to see a detailed plan to use the money.
Brenner stated the Council has other opportunities to bring forward a budget
amendment. They have allocated three positions to enforcement. This is an opportunity for
the Council to say that these three employees should be dedicated only for enforcement.
Browne stated the County must comply with the national pollution discharge
elimination system (NPDES) requirements, which has no funding allocated to it. He's
reluctant to further diminish the amount until they know how to get the balance back to
where it needs to be.
Weimer stated the NPDES phase 2 requirements don't go into effect for a couple of
years. The balance estimate for the flood fund is well over the $5 million flood contingency
amount for the next four or five years. They need a more equitable way to fund stormwater
efforts, but that doesn't affect this proposal.
Browne asked if the flood fund balance allows the PIC program funding. He doesn't
have those projections, and he's not sure what they will use that money for. He would like
that information to make this decision.
Schroeder stated flood fund projections include everything associated with the water
action plan and projects. The starting balance is $12 million in 2015. It includes all flood
projects, capital projects, additional PIC program monies, and 30 percent of the NPDES
funding. At the end of 2017, the estimate is a $7.3 million ending balance. Projecting the
flood fund balance is complicated. The Academy Road project for stormwater includes a
projection of $50,000 from a certain fund. It's become apparent that the Department of
Ecology will have grant money the County didn't anticipate. That's why making projections is
complicated. To the best of his knowledge today, at the end of 2017, the flood fund
projection is $7.3 million.
Brenner asked how many floods per year do they plan for. Schroeder stated they
have historically put money aside for large flood events. They have estimated the amount
over the last seven years.
Kremen stated the flood fund was originally set up to deal with flooding. Historically,
there have been some very major flood events in Whatcom County. There will be more in
the future. They've not had a major flood event in the last seven years. They can't predict
what year they will be hit with a severe flood event. He hesitates spending down the flood
fund any further. He will support the administration's use of that fund.
The motion to amend failed by the following vote:
Ayes: Weimer, Mann and Buchanan (3)
Whatcom County Council, 11/25/2014, Page 4
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Nays: Brenner, Browne, Crawford and Kremen (4)
The motion to adopt carried by the following vote:
Ayes: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Nays: Brenner (1)
4. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE
PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE YEAR OF 2015
(AB2014 -371) (7:36 :17 PM)
Weimer opened the public hearing, and the following person spoke:
Wendy Harris stated she can't tell what projects ar e
Designate funding to meet Growth Management Act (GMA)
critical areas ordinance. They are required to meet no net
doesn't have quantifiabl e
is working. The County
including doing studies,
performance standards.
indicate how much mon
policy.
or aren't being approved.
requirements, including the
loss standards. The County
data ana nseiine standards to measure whether or not mitigation
must have standards in place to meet the no net loss requirements,
establishing protocol for measuring performance, and imposing
There is no wildlife management program. The budget should
ey is spent exterminating animals, which isn't an appropriate wildlife
Hearing no one else, Weimer closed the public hearing.
Mann moved to adopt the ordinance.
Jack Louws, County Executive, stated there is a carryover of $70,000 for professional
services to develop ordinances for critical areas.
The motion to adopt carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen and Buchanan (6)
Nays: None (0)
Absent: Browne (out of the room)(1)
Brenner asked about the different tax levy ordinance titles, some which specify
authorizing and others that specify limiting.
Brad Bennett, Administrative Services Department, stated some ordinances limit tax
increases. That language is required to bank capacity. The ordinance levying taxes actually
levies taxes for State and County purposes and for diking districts. The road fund and
conservation futures fund have that limiting language built into the ordinance, because they
are specifically levying tax for that one fund and one purpose.
Kremen moved to reconsider the previous vote.
The motion to reconsider the previous vote carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
The motion to adopt the ordinance carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
Whatcom County Council, 11/25/2014, Page 5
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S. ORDINANCE AUTHORIZING THE LEVY OF 2015 PROPERTY TAXES FOR
COUNTY ROAD PURPOSES (AB2014 -360) (7 :44 :11 PM)
Weimer opened the public hearing, and hearing no one, closed the public hearing.
Kremen moved to adopt the ordinance.
Brenner asked about the limiting language in the road fund.
Brad Bennett, Administrative Services Department, stated the language in the
document has the same language that says this is a zero percent increase. It's language
required by the State Department of Revenue to increase banked capacity. The other funds
levy taxes, but also have language in the ordinance that allows them to bank the capacity.
The motion to adopt the ordinance carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
6. ORDINANCE LIMITING THE 2015 GENERAL FUND PROPERTY TAX LEVY
(AB2014 -372) (7 :46 :45 PM)
Weimer opened the public hearing, and the following people spoke:
Wendy Harris stated include a rider to indicate that none of the funds will be used for
the harm, harassment, or killing of wildlife and animals until the County adopts a wildlife
management plan. Create a policy that prevents human and wildlife conflict. Killing wildlife
is not a solution. Protect wildlife pursuant to obligations under the law and to the need for
biodiversity for human survival. Don't fund any program in the community that kills wildlife.
Hearing no one else, Weimer closed the public hearing.
Mann moved to adopt the ordinance. He asked what wildlife the County kills on a
regular basis, besides starlings and geese.
Jack Louws, County Executive, stated the starling program is $15,000. The County
hasn't contracted with the Washington State Department of Fish and Wildlife (WDFW) to take
care of geese, but there is a goose problem at Silver Lake. The County has extermination
services for bugs and pests in the County facilities. The concern with the proposal is whether
such an amendment applies to road projects and to what level of wildlife it applies. Continue
the discussion, but don't act on it in this document.
Kremen stated Ms. Harris has a valid issue. Eradication of geese at Silver Lake is not
the preferred way to deal with the issue. He is sensitive to wildlife protection, but don't tie
the County's hands no matter what. He agrees with the intent of the request.
Browne stated there is a Washington Department of Fish and Wildlife program to
relocate beavers to Eastern Washington. There are alternatives to killing. Farmers will be
concerned that agricultural land is taken out of production.
The motion to adopt the ordinance carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
Whatcom County Council, 11/25/2014, Page 6
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7. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR CONSERVATION
FUTURES PURPOSES FOR 2015 (AB2014 -373) (7:54:36 PM)
Weimer opened the public hearing, and the following people spoke:
Wendy Harris stated the ordinance limits the levy to the level that existed in 2014.
Increase the amount of the levy, or reduce the amount being used for agricultural programs.
This program is supposed to preserve open space and habitat corridors, which is required by
the Growth Management Act (GMA) and critical areas. There are no lands set aside for the
purpose of protecting wildlife and biodiversity. Biodiversity is an indication of the health of
the Earth. They aren't doing that maintenance. A purpose of wildlife corridors is to avoid
human contact and conflict. Wisely -sited corridors provide public safety. The Conservation
District has a policy opposing the restoration of wolves. That is going to be a big political
issue coming to Whatcom County. State law prioritizes open space with native habitat.
Greg Brown stated the Council returned $1.5 million to the parks fund instead of
leaving it the conservation futures fund, which has over $5 million. Until they know what
they will spend the conservation futures funds on, suspend collection of the funds. Don't
make taxpayers spend money on an account that works as a slush fund for the Parks
Department.
Hearing no one else, Weimer closed the public hearing.
Mann moved to adopt the ordinance.
Brenner stated valid concerns were raised, but the GMA says they should protect
natural resources, which include agricultural land. Leave the fund as it is, and be more
careful about how it's spent.
Crawford stated they have spent a lot of money recently from the fund. He has
expressed reservations about the tax in the past, but he will support continuing it this year.
The voters of Whatcom County passed the conservation futures fund.
Mann stated the people voted to approve this fund because they value protecting open
space and environmentally sensitive areas. They entrust the Council to make strategic
acquisitions, not spend the balance down every year. The County has recently acquired
properties that will be amazing assets for the County.
The motion to adopt the ordinance carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
S. ORDINANCE ADOPTING THE 2015 WHATCOM COUNTY UNIFIED FEE
SCHEDULE (AB2014 -376) (8:03:47 PM)
Weimer opened the public hearing, and hearing no one, closed the public hearing.
Browne moved to adopt the ordinance. A couple of the fees need work. There are
1,300 different fees in the schedule. He moved to amend the ordinance to allow a ferry fare
waiver two times per day for a volunteer escort for the Lummi Island elementary students.
Jack Louws, County Executive, stated he supports the motion to amend. The Deputy
Prosecuting Attorney is drafting an Executive Order to provide this fare waiver. He will also
Whatcom County Council, 11/25/2014, Page 7
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grant an exception for Americans with Disabilities Act (ADA) personal attendants. These two
items will come forward soon.
Kremen stated he supports the motion to amend.
Browne amended his motion and moved to include a ferry fare waiver two times
per day on school days for an escort for elementary school children and to also provide a
waiver for a personal attendant for qualified Americans with Disabilities Act (ADA) clients.
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
Brenner stated she doesn't support the unified fee schedule ordinance because some
of the fees are increased without an explanation.
Weimer stated fees were increased in some departments to cover the real costs
Brenner stated some of the costs are much higher. The percentages are all over the
place. It's hard to decipher.
Crawford stated he appreciates staff not increasing the Hearing Examiner fee.
Browne stated there are scriveners errors in the column about whether there are
changes.
Brenner stated there have been few overturned decisions of the Hearing Examiner. If
there is an overturned decision, the applicants should get their fee back.
The motion to adopt as amended carried by the following vote:
Ayes: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Nays: Brenner (1)
9. ORDINANCE ADOPTING THE SIX -YEAR CAPITAL IMPROVEMENT PROGRAM
FOR WHATCOM COUNTY FACILITIES (2015 -2020) AND AMENDING LEVEL OF
SERVICE STANDARDS (AB2014 -330) (8:12:33 PM)
Weimer opened the public hearing, and the following people spoke:
Greg Brown stated keep all the levels of service they way they are. It may make
sense to increase the size of the senior centers.
Wendy Harris stated set aside parks for wildlife and habitat. Require capital
improvement projects to specifically protect wildlife. Hire staff or a consultant that is a field
biologist to assist the Parks Department and Planning Department with wildlife issues.
(LOS).
Hearing no one else, Weimer closed the public hearing.
Browne moved to adopt the ordinance.
Brenner stated this restored the activity centers back to the original level of service
Whatcom County Council, 11/25/2014, Page 8
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Mark Personius, Planning and Development Services Department, stated it is in Exhibit
A of the proposed ordinance.
Mann asked if this will keep the level of service as it is today. Personius stated that's
correct.
Mann asked if the final version will include changes in Exhibit B about future needs
and the number of trails per 1,000 people. Personius stated it will.
The motion to adopt carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
10. ORDINANCE ADOPTING THE 2015 -2016 WHATCOM COUNTY BUDGET
(AB2014 -205C) (8:26:28 PM)
Weimer opened the public hearing, and the following people spoke:
Steve Harris stated there is an apparent lack of transparency. The budget message
indicates there are no staff reductions. The current budget proposes no layoffs. However, it
eliminates one uniformed patrol deputy from the budget. This is not an administrative
position. It is a reduction in the number of deputies actually tasked with responding to 9 -1 -1
calls to the public. This is a mixed message to the public. On one hand, they're saying that
unincorporated Whatcom County is safe enough to spend years not filling vacant deputy
positions, and now they are actually cutting one position from the budget. On the other
hand, there is increased risk to law enforcement, criminals are becoming increasingly violent,
and they're actually contemplating raising taxes to fund the construction of a new jail with
three times the design capacity as the current jail. A commissioned deputy can enforce any
code. They can transfer funding from the flood fund or other funds to retain the position and
do code enforcement.
Wendy Harris stated the County should have a public question- and - answer session
next year to inform the public of budget changes. Reconsider all her comments on these
matters. Consider a requirement that there be a public hearing before taking action to
eliminate and destroy animals.
Roger Sefzik stated he agrees with comments from Steve Harris. He referenced
ordinance 2014 -027 regarding the production of marijuana leading to increased violence,
which all the councilmembers agreed to. Such facilities are placed in many areas in the
county. The County is allowing something that will expand violent crime and robbery, yet is
reducing the number of deputies.
Hearing no one else, Weimer closed the public hearing.
Mann moved to adopt the ordinance.
Crawford asked if they need to budget for the Slater Road connector.
Jack Louws, County Executive, stated it is a line item in the transportation
improvement plan.
Joe Rutan, Public Works Department, stated they intend to finish the subarea plan
next year. That will give them information they need to develop different options and
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scenarios for the Slater Road connector, Horton Road connector, Smith Road, and Northwest
Road roundabout. They need to sequence these projects.
Brenner moved to amend to set aside $50,000 for the Slater Road connector
engineering. Show they are serious about the project by assigning money to it.
Mann asked if they already allocated the money and moved the project up on the
annual list. Rutan stated they are looking at the entire area next year. He's not sure what
he would do to spend an additional $50,000. They already allocated funds for the Slater
Road connector and subarea plan.
Crawford asked if they should allocate funding for 2016. Rutan stated the County
Road Administration Board (CRAB) requires an annual construction program. They will go
through the six -year and annual processes in the summer and amend the budget at that
time. Adding $50,000 won't change his program this year.
Brenner stated she's concerned it's not as high a priority for the Public Works
Department as it is for the Council.
Kremen asked how much is already appropriated. Rutan stated it includes $50,000 in
year one right now. He's not sure what an additional $50,000 will do. It is for project six on
the annual program.
Brenner withdrew her motion. She moved to amend to restore the deputy
position in the same amount that was allocated in the last budget for 2015 and 2016.
Kremen asked about discussion of this issue with the Sheriff. Louws stated three
deputy positions have been unfilled for quite a while. This budget proposes to add one
position in the information technology division that will be dedicated to the Sheriff's Office.
The County needs to allocate an additional $145,139 to the worker's compensation portion of
the Sheriff's Office. The Sheriff is committed to reducing accident rates and getting those
deputies back on the road. If the Sheriff demonstrates that the accident rates go down, he
will support restoring the position in 2016. They are adequately staffed. Get the people in
the department healthy and working again. Use this approach to get all the officers back on
duty. There have been more training - related accidents than there should be.
Brenner stated the deputies are the frontline defense. It is one of the most dangerous
jobs in government. She appreciates wanting to get the accident rates down. She's
confident the Sheriff will do the best he can to reduce accidents. She trusts the Sheriff to
make sure there aren't more than necessary. She's not comfortable with that kind of
incentive to reduce the accident rate.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Brenner moved to consolidate the Parks Department with other County departments.
Reassign the senior centers to the Health Department, parks planning to the Planning
Department, and parks maintenance to the Public Works Department. Not every county has
a separate parks department. Many of the Parks Department functions overlap what other
departments do. The number one purpose of senior centers is the well -being of seniors,
which is a public health issue. Consolidate functions. She likes the Parks Department staff
and hopes they can fit into the consolidation, but don't duplicate efforts.
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The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Brenner moved to eliminate funding in the amount of $30,000 for the lobbyist in
Olympia. The Executive should speak on behalf of the County.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Brenner moved to eliminate the new Council policy analyst position. There's no way
the staff person who is hired won't be political. Councilmembers can talk to the
administration about questions they may have. The position is not a necessity.
Kremen asked the name of the position. He asked that the name be changed from
policy analyst.
Dana Brown- Davis, Clerk of the Council, stated there wasn't a Council vote to change
the name of the position. They would change the title when they create the job description.
Kremen stated change the title of the position.
The motion to amend failed by the following vote:
Ayes: Crawford and Brenner (2)
Nays: Weimer, Kremen, Browne and Buchanan (4)
Absent: Mann (out of the room) (1)
Brenner moved to set aside $5,000 to $10,000, depending on population, for each
senior center in Whatcom County, to a maximum of $80,000 total. The administration can
determine the exact amount for each senior center. There was no clear process for adjusting
the amount allocated to each of the senior centers. She is concerned about providing for
food costs. The amount allocated for administrative costs is more than the amount allocated
for food. The County provided funding to the food bank. Many seniors aren't able to stand in
line at the food bank. The Meals -On- Wheels program serves seniors who are isolated. The
Executive put more money in the program, but less than half of it is actually for the food.
She would like to know how much money each senior center is getting.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Brenner moved to allocate $10,000 for the Sean Humphrey Hospice House for
repairs and services.
Kremen stated he has voted against the past several motions to amend from
Councilmember Brenner. In the past 19 years, Councilmember Brenner has voted in favor of
only one budget. These amendments are for worthwhile causes, and he would like to support
them. However, they have to be willing to vote for the loading up of additional revenues
asked for by Councilmember Brenner. It's irresponsible to load up a budget and then vote
against it in the end. Councilmember Brenner is putting the councilmembers in the position
of having to vote against issues they all would like to support. The Council is simply unable
Whatcom County Council, 11/25/2014, Page 11
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to include more expenditures in the budget. Adding all these expenses to the budget, and
then voting against the budget, is unacceptable. If they vote to allocate and appropriate
money, they have to be willing to vote for the revenue to go along with it. That isn't
tolerated in the State legislature. In order to keep the budget intact, they are unable to
support these amendments. He's disturbed to not be able to support these amendments,
especially the Sean Humphrey House. They must take care of the unfunded and growing
State mandates. The prospect of getting funding from the State is dismal.
Brenner stated she has made motions to eliminate spending and consolidate
expenses, which would cover her amendments. Her proposals aren't new. If someone thinks
they're important, they could suggest other ways to cut funding. She didn't get any of her
amendments, so she won't support the budget. She proposed to eliminate the Parks
Department, lobbyist, and Council policy analyst. She would be open to other cuts.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Brenner moved to hold this ordinance in Council for two weeks, until after
Thanksgiving.
Jack Louws, County Executive, stated the Charter requires the budget be adopted by
the end of November.
The motion to hold failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Brenner asked if the septic rebate program is funded from the septic fee instead of the
flood fee.
Tyler Schroeder, Executive's Office, stated the additional onsite septic system (OSS)
inspector in the Health Department would be paid out of the $19 fee from the septic fund, not
the flood fund.
Mann stated he disagrees with comments from Mr. Sefzik that all the councilmembers
agreed that allowing marijuana grow operations would increase crime and violence. He
doesn't agree that will happen.
Brenner stated she forwarded Mr. Sefzik's letter to Planning staff. There was some
crime at the retail level, but they don't allow retail in the rural areas.
The motion to adopt carried by the following vote:
Ayes: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Nays: Brenner (1)
Browne stated he acknowledges Mr. Rutan, who was able to convince the Washington
State Department of Transportation (DOT) to pay for a permanent roundabout instead of a
temporary signal. It's a great example of saving money and keeping the budget in line.
Whatcom County Council, 11/25/2014, Page 12
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OPEN SESSION
(9:15:56 PM)
The following people spoke:
• Bill Elfo, County Sheriff, spoke about the number of injuries deputies have
sustained over the last year.
• Wyburn Bannerman spoke about the proposed marijuana business facility on
the Valley View Road.
• Tom Spicher spoke about the proposed marijuana business facility on the
Valley View Road.
• Roger Sefzik spoke about the proposed marijuana business facility on the
Valley View Road.
• Corbin Warner spoke about the proposed marijuana business facility on the
Valley View Road.
• Karen Brown spoke about the Environmental Protection Agency (EPA) enforcing
in Whatcom County, the Whatcom Land Trust, the Comprehensive Parks Plan
• David Hatton spoke about the proposed marijuana business facility on the
Valley View Road.
• Jennifer Sefzik spoke about the proposed marijuana business facility on the
Valley View Road.
• Doug Baumgart spoke about the proposed marijuana business facility on the
Valley View Road.
(Clerk's Note: The Council took a break from 9 :43 p.m. to 9 :51 p.m.)
OTHER ITEMS
1. ORDINANCE AMENDING ORDINANCE 2014 -011 (AMENDMENT NO. 1),
ESTABLISHING THE DAKOTA CREEK BRIDGE NO. 500 PROJECT FUND AND
RELATED CAPITAL BUDGET APPROPRIATION (AB2014 -352) (9 :51 :51 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Brenner stated she doesn't like that these projects don't come back to the Council for
approval. She moved to require that the contracts within this fund still come back to the
Council for approval. She likes the separate funds, but not the lack of Council involvement.
Crawford stated he is against the motion to amend. The Executive and administration
have followed the purchasing procedure in the County Code. The Executive committed to a
presentation on the purchasing and contracting procedures after the first of the year. It will
be a constructive policy discussion during which they can have that discussion. In the
meantime, they've acknowledged it's appropriate to create these funds. Don't alter the
processes at this point.
Brenner stated separate funds have been created in the past, but the contracts still
came to the Council. She was not aware of the procedure until all these came forward at
once. Don't give up Council oversight. The public won't have opportunity for review once
they pass the budget. She'd like to support some of these projects, but can't without the
clause.
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Weimer stated he's also against the motion, although he supports the idea of having
the discussion. The motion needs to be clarified. Have the discussion with the administration
in January.
Brenner stated contracts over $20,000 come to the Council.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
The motion to adopt carried by the following vote:
Ayes: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Nays: Brenner (1)
2. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, EIGHTEENTH
REQUEST, IN THE AMOUNT OF $665,276 (AB2014 -353) (9:57:31 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Nays: Brenner (1)
3. ORDINANCE ESTABLISHING THE LAKE WHATCOM BOULEVARD RE-
SURFACING FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR LAKE
WHATCOM BOULEVARD RE- SURFACING CPR #913002 PROJECT (AB2014-
354) (9:59:02 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Nays: Brenner (1)
4. ORDINANCE ESTABLISHING THE HANNEGAN ROAD /NOOKSACK RIVER
BRIDGE NO. 252 FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR
HANNEGAN ROAD /NOOKSACK RIVER BRIDGE NO. 252 SCOUR MITIGATION
PROJECT (AB2014 -355) (9 :59:38 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Nays: Brenner (1)
S. ORDINANCE ESTABLISHING THE SLATER ROAD /NOOKSACK RIVER BRIDGE
FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR SLATER
ROAD /NOOKSACK RIVER BRIDGE PAINTING PROJECT (AB2014 -356)
(10 :00 :28 PM)
Whatcom County Council, 11/25/2014, Page 14
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Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Brenner stated she would vote for this because it's very specific.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
6. ORDINANCE ESTABLISHING THE 2015 COUNTY ROADWAY SAFETY PROGRAM
FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR THE 2015 COUNTY
ROADWAY SAFETY PROGRAM — CRP #915015 (AB2014 -357) (10:01:22 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Brenner stated she doesn't support the ordinance. She asked if it's necessary to set
up a separate fund to get money from the federal government. This is for very general road
fund work. Every fund they set up has a maintenance cost.
The motion carried by the following vote:
Ayes: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Nays: Brenner (1)
7. ORDINANCE ESTABLISHING THE HANNEGAN ROAD STRUCTURAL OVERLAY
FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR HANNEGAN ROAD
STRUCTURAL OVERLAY CRP #915010 PROJECT (AB2014 -358) (10:02:57 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Nays: Brenner (1)
8. ORDINANCE ESTABLISHING THE 2015 COURTHOUSE IMPROVEMENT FUND
AND ESTABLISHING A PROJECT BASED BUDGET FOR COURTHOUSE
IMPROVEMENTS (AB2014 -359) (10:03:38 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Brenner moved to amend the title of the fund, 'Ordinance Establishing the 2015
Courthouse Fire Alarm System and Juvenile Roof Improvement Fund and Establishing a
Project Based Budget for Courthouse Fire Alarm System and Juvenile Roof Improvements."
Kremen asked the administration's opinion.
Jack Louws, County Executive, stated they can call it whatever they want.
Brenner stated the title is important.
Whatcom County Council, 11/25/2014, Page 15
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Browne stated changing this amendment adds an expense with no value.
Brenner stated there is no expense to change the name in the computer
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Kremen and Buchanan (4)
Nays: Crawford, Weimer and Browne (3)
The motion to adopt as amended carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
9. ORDINANCE ESTABLISHING THE 2015 GIRARD STREET BUILDING
IMPROVEMENT FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR
GIRARD STREET BUILDING IMPROVEMENTS (AB2014 -361) (10:07:44 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Nays: Brenner (1)
10. ORDINANCE ESTABLISHING THE COURTHOUSE BUILDING ENVELOPE
PROJECT FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR THE
COURTHOUSE BUILDING ENVELOPE PROJECT (AB2014 -362) (10 :08:25 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Brenner stated the contracts for this should come back to the Council. The last time
there was a major remodel and renovation of the Courthouse, it cost the County a fortune
and it was poorly done. The public and Council should have more contact with the contracts.
The motion carried by the following vote:
Ayes: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Nays: Brenner (1)
11. ORDINANCE ESTABLISHING THE 2015 CENTRAL PLAZA IMPROVEMENT FUND
AND ESTABLISHING A PROJECT BASED BUDGET FOR CENTRAL PLAZA
BUILDING IMPROVEMENTS (AB2014 -363) (10 :09 :38 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Nays: Brenner (1)
12. ORDINANCE ESTABLISHING THE 2015 SILVER LAKE PARK IMPROVEMENT
FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR SILVER LAKE
PARK IMPROVEMENTS (AB2014 -364) (10 :10 :18 PM)
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Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Brenner stated she would support this ordinance because it's a small project and is a
safety issue. She asked why it's coming from the real estate excise tax (REET) instead of the
park fund. The County must pay for stormwater facility projects with the REET fund.
Jack Louws, County Executive, stated REET 2 is the appropriate fund.
Brenner stated it takes money away from stormwater facilities. The County will
never have enough money for stormwater facilities. She moved to amend so that it be
funded by the Park Special Revenue Fund instead of the REET 2 fund.
Louws stated they've identified the park special revenue fund to pay for the
reconveyance operations. They don't have the option through the REET 2 fund to use much
for operations.
Browne asked what they can spend REET 2 money on.
Dewey Desler, Deputy Administrator, stated the REET 2 fund can pay for parks,
stormwater, and roads.
Brenner stated it may be legal to use the REET 2 fund, but they shouldn't. The
County has to improve a lot of stormwater facilities. The County can't pay for them from the
park fund. They can pay for this project from the park fund.
Kremen asked the balance for the park fund.
Mike McFarlane, Parks and Recreation Department Director, stated the balance is
about $1.4 million. The intent is to project it out over a period of years to offset operating
and equipment costs of the reconveyance.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
The motion to adopt carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
13. ORDINANCE ESTABLISHING THE 2015 LIGHTHOUSE MARINE PARK
IMPROVEMENT FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR
LIGHTHOUSE MARINE PARK IMPROVEMENTS (AB2014 -365) (10:17 :11 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Brenner stated this is a safety issue, and she will support it. She moved to amend
to fund it from the park improvement fund.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Whatcom County Council, 11/25/2014, Page 17
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The motion to adopt carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
14. ORDINANCE ESTABLISHING THE SOUTH FORK PARK IMPROVEMENT FUND
AND ESTABLISHING A PROJECT BASED BUDGET FOR SOUTH FORK PARK
IMPROVEMENTS (AB2014 -366) (10:18 :34 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Brenner stated this is to create something new. It should be paid for from the park
improvement fund. She moved that it be funded by the park improvement fund instead of
the real estate excise tax (REET) 2 fund.
Mann stated improving a park is different from the capital investment to build and
create a park. This is a reasonable capital expenditure that the REET 2 fund is appropriate to
fund.
Brenner stated building new things on park land is an improvement. Therefore, it's
eligible to be funded from the park improvement fund. The County must, by law, fund
stormwater facilities.
Kremen asked what revenue is generated annually for REET 2 and the parks special
revenue fund.
Dewey Desler, Executive's Office, stated the fund generates about $1.4 million per
year. The park fund doesn't collect any revenue.
Mike McFarlane, Parks and Recreation Department, stated there is interest income and
tower revenues that will go into the parks special revenue fund. They will keep those funds
to repair the roads over time.
Brenner stated they can transfer money into the park improvement fund, like the $1.5
million that was supposed to go into the conservation futures fund. The County doesn't have
enough money in its entire budget to pay for the stormwater facilities it must pay for,
regardless of how much money is in the REET 2 fund.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
The motion to adopt carried by the following vote:
Ayes: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Nays: Brenner (1)
15. ORDINANCE ESTABLISHING THE ACADEMY ROAD STORM WATER
IMPROVEMENTS FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR
ACADEMY ROAD STORM WATER IMPROVEMENTS (AB2014 -367) (10 :24 :43 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
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The motion to adopt carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
16. ORDINANCE ESTABLISHING THE AGATE HEIGHTS ESTATE /BAY LANE STORM
WATER IMPROVEMENTS FUND AND ESTABLISHING A PROJECT BASED
BUDGET FOR AGATE HEIGHTS ESTATE /BAY LANE STORM WATER
IMPROVEMENTS (AB2014 -368) (10 :25:27 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, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
17. ORDINANCE ESTABLISHING THE BEAVER CREEK STORM WATER
IMPROVEMENTS FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR
BEAVER CREEK STORM WATER IMPROVEMENTS (AB2014 -369)
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, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
18. ORDINANCE ESTABLISHING THE CEDAR HILLS /EUCLID STORM WATER
IMPROVEMENTS FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR
CEDAR HILLS /EUCLID STORM WATER IMPROVEMENTS (AB2014 -370)
(10 :26 :33 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, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
19. ORDINANCE ESTABLISHING THE CRIMINAL JUSTICE INTEGRATED CASE
MANAGEMENT SYSTEMS FUND AND ESTABLISHING A PROJECT BASED
BUDGET FOR CRIMINAL JUSTICE INTEGRATED CASE MANAGEMENT SYSTEM
PROJECTS (AB2014 -374) (10 :27 :00 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Brenner stated she likes the idea of integrated project funding that involves several
elected officials, rather than just one elected official. More than one person should make the
decisions.
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The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
20. ORDINANCE ESTABLISHING THE INTEGRATED LAND RECORDS AND PERMIT
MANAGEMENT SYSTEM FUND AND ESTABLISHING A PROJECT BASED BUDGET
FOR INTEGRATED LAND RECORDS AND PERMIT MANAGEMENT SYSTEM
PROJECTS (AB2014 -375) (10 :28:08 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, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
INTRODUCTION ITEMS
Buchanan moved to accept the Introduction Items.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
1. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON CUP 2013 -0004,
SEP 2013 -0032 & APL 2014 -0011, FILED BY BBC BROADCASTING, INC.,
REGARDING A REQUEST FOR ZONING CONDITIONAL USE APPROVAL TO
INSTALL A RADIO COMMUNICATION FACILITY IN POINT ROBERTS (AB2014-
343)
2. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, NINETEENTH
REQUEST, IN THE AMOUNT OF $15,987 (AB2014 -382)
3. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY FLOOD CONTROL ZONE
DISTRICT AND SUBZONES BUDGET, FIFTH REQUEST, IN THE AMOUNT OF
$70,000 (AB2014 -383)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.)
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Mann reported for the Planning and Development Committee regarding the update
from Planning and Development staff regarding the County -wide Population Growth
Monitoring Report (AB2014 -349) and the discussion with Planning and Development
staff regarding the Land Capacity Analysis Methodology (AB2014 -350).
Jack Louws, County Executive, thanked the Council, community, and staff for
everyone's participation in building the 2015 -2016 budget.
Whatcom County Council, 11/25/2014, Page 20
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Browne reported on the recent Washington State Association of Counties (WSAC)
meeting.
Brenner thanked Marianne Caldwell for answering all her questions regarding the
budget. She reported on recent events with the Whatcom Food Network and the Birch Bay
Chamber meeting.
Kremen reported on the Legislative Steering Committee meeting action today to
partner with the Association of Cities on a proposal regarding shared revenue from
recreational marijuana. He also reported on an amicus brief in support of Whatcom County.
ADJOURN
The meeting adjourned at 10:30 p.m.
The Council approved these minutes on January 27, 2015
ATTEST:
Dana Brown- Davis, Council Clerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Whatcom County Council, 11/25/2014, Page 21