HomeMy WebLinkAboutCouncil October 14 20141
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WHATCOM COUNTY COUNCIL
Regular County Council
October 14, 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
(7:00:46 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Carl Weimer, Pete
Kremen, Rud Browne and Barry Buchanan.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
Weimer announced a vacancy on the Whatcom County Planning Commission
Vacancy. Applications are due in the Council Office by 10:00 a.m. on Tuesday, October 21,
2014.
Weimer announced there was discussion with Senior Deputy Prosecutor Karen
Frakes regarding pending litigation, Hirst et al v. Whatcom County, GMHB Case No.
12 -2 -0013 (AB2014 -018) in executive session during the Committee of the Whole.
MINUTES CONSENT
Kremen moved to approve the Minutes Consent items.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
1. REGULAR COUNTY COUNCIL FOR AUGUST 5, 2014
2. REGULAR COUNTY COUNCIL FOR SEPTEMBER 16, 2014
PUBLIC HEARINGS
1. ORDINANCE TERMINATING OPEN SPACE TIMBER LAND CLASSIFICATION
AND CONSOLIDATING TIMBER LAND CLASSIFICATION WITH DESIGNATED
FOREST LAND CLASSIFICATION AND DECLARING LAND PREVIOUSLY
Whatcom County Council, 10/14/2014, Page 1
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CLASSIFIED AS TIMBER LAND TO BE DESIGNATED FOREST LAND (AB2014-
300)
Weimer opened the public hearing, and the following person spoke:
(7:04:41 PM)
Max Perry stated the Forestry Advisory Committee as a whole has not had a chance
to discuss this item. Some members are in favor of the ordinance. He referenced the idea
of requiring a forest plan for parcels 20 acres or less and stated that if they want to add to
the timber base in the county, don't make it too tough for people to do timber management
on smaller lots. He agrees with the letter from Jack Petree on the issue.
Hearing no one else, Weimer closed the public hearing.
Browne stated he's talked to two members of the Forestry Advisory Committee, but
not the full membership.
Brenner moved to adopt the substitute ordinance. She moved to amend to
require a timber management plan for parcels 20 acres or less when property is first
classified or reclassified. That is required currently. On smaller lots, not everyone intends
to do timber management. Since they're getting a tax break, it's good to have that
requirement.
Erin Osborn, Planning and Development Services Department, stated legal counsel
reviewed that requirement. At this point, it's not certain if the action is legally permissible
to make the ordinance more restrictive than the statute.
Brenner stated the statute says that the County can make requirements. She
appreciates that the Assessor is going to require those plans, but he won't always be the
County Assessor. It's important that the requirement be part of the designation.
Karen Frakes, Prosecutor's Office, stated the question is whether or not the Council,
which is the legislative authority, can take that discretion away from the Assessor.
Preliminarily, the opinion is that the Assessor has the authority, and the legislative authority
can't take it away. Legal counsel is reviewing it further.
Weimer asked if they can amend the ordinance in the future. Frakes stated they
can.
Brenner stated hold the ordinance. She doesn't agree that the Council can't amend
it. She withdrew her motion and moved to hold until they clarify the legal question.
Mann stated hold it and wait for the information they need instead of reopening it.
Osborn stated the Council can introduce the substitute ordinance, and it will give
staff time to clarify the legal question. The legal notice can indicate they would consider an
ordinance to terminate the open space designation, join the designation with the timber
land designation, and possibly add language requiring a timber management plan.
Frakes stated that if the public is given notice that they're considering the timber
management plan requirement, it doesn't need to be in the ordinance.
Whatcom County Council, 10/14/2014, Page 2
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Brenner withdrew her motion to hold in Council.
Weimer stated they will introduce the substitute ordinance tonight.
2. ORDINANCE ALLOWING MARIJUANA PRODUCTION, PROCESSING AND
RETAILING, ON AN INTERIM BASIS, AS AUTHORIZED BY WASHINGTON
STATE INITIATIVE 502 (AB2014 -074D)
Weimer opened the public hearing and, hearing no one, closed the public hearing.
Mann moved to adopt the ordinance.
Crawford asked if there are no changes from the previous interim.
Nick Smith, Planning and Development Services Department, stated that's correct.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
3. RESOLUTION AUTHORIZING THE SALE OF TAX TITLE PROPERTY BY
NEGOTIATION, REQUEST #2014 -01 (AB2014 -314A) (7 :22 :30 PM)
Weimer opened the public hearing and, hearing no one, 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)
OPEN SESSION
(7 :23 :22 PM)
The following people spoke:
• Wendy Harris spoke about budget transparency regarding County programs
to exterminate nuisance animals, such as starlings and beavers.
• John Steensma spoke about the Resolution Declaring the Whatcom
County Flood Control Zone District's Intention to Lease Property on
River Road (AB2014 -298).
• George Boggs, Conservation District, spoke about the Resolution Declaring
the Whatcom County Flood Control Zone District's Intention to Lease
Property on River Road (AB2014 -298).
Brenner asked if a farm plan from the Conservation District considers soil protection
and protection from runoff. Boggs stated they look at the needs of the landowner. Soil
health isn't necessarily in a particular plan. If the Council directs the lessee to have a farm
plan that includes soil protection, the Conservation District would write that into the plan.
Whatcom County Council, 10/14/2014, Page 3
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Browne asked if a farm plan automatically covers things like protection of the land.
It seems Mr. Boggs is saying that isn't included in a farm plan unless someone specifies that
requirement and it is implemented. Boggs stated that's correct. Implementation is critical.
Brenner stated she's not interested in dictating the details of how soil would be
protected, just that soil protection is required.
Weimer stated this item wasn't scheduled on the Council agenda, so they will
schedule it on a future agenda.
CONSENT AGENDA
(7:33:29 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through three.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WILSON ENGINEERING, LLC
FOR DESIGN ASSISTANCE FOR CEDAR HILLS /EUCLID STORMWATER
IMPROVEMENTS, IN THE AMOUNT OF $88,720 (AB2014 -325)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND PACIFIC SURVEY &
ENGINEERING, INC. FOR PROFESSIONAL DESIGN SERVICES FOR ROAD AND
ELECTRICAL UPGRADES AT SILVER LAKE PARK, IN THE AMOUNT OF
$119,414 (AB2014 -326)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE
MILITARY DEPARTMENT TO SUSTAIN AND ENHANCE THE WHATCOM
COUNTY SHERIFF'S OFFICE - DIVISION OF EMERGENCY MANAGEMENT
PROGRAM, IN THE AMOUNT OF $61,980 (AB2014 -327)
OTHER ITEMS
1. RESOLUTION REPEALING WHATCOM COUNTY RESOLUTION NO. 2009 -078,
RELATED TO PREVIOUS OPEN SPACE APPLICATION RECOMMENDATIONS
(AB2014 -320) (7:34:03 PM)
Buchanan reported for the Natural Resources Committee and 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)
Whatcom County Council, 10/14/2014, Page 4
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2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHEELER CONSULTING
GROUP FOR THE SWIFT CREEK REPOSITORY SITING AND ANALYSIS, IN THE
AMOUNT OF $160,000 (AB2014 -321) (7:36 :08 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, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WATERSHED SCIENCE &
ENGINEERING FOR THE SWIFT CREEK NORTH FORK RE -ROUTE ANALYSIS,
IN THE AMOUNT OF $180,000 (AB2014 -322) (7 :36 :50 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, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AWARD A BID
TO THE LOW BIDDER, TRIMAXX CONSTRUCTION, INC. AND ENTER INTO A
CONTRACT FOR THE 2014 SWIFT CREEK BANK ARMORING AND SEDIMENT
REMOVAL, IN THE AMOUNT OF $443,900.63 (AB2014 -323) (7 :37 :33 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, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
5. RESOLUTION REQUESTING COUNCIL APPROVAL FOR THE REMODELING OF
509 GIRARD STREET, 322 N. COMMERCIAL STREET (CIVIC BUILDING) AND
1500 N. STATE STREET (BUILDING AND PROPERTY) (AB2014 -324) (7 :38 :08
PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the substitute resolution.
Whatcom County Council, 10/14/2014, Page 5
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Brenner stated the resolution has information that the Council has never voted on
regarding avoiding extensive repair and renovation costs at the Northwest Annex property.
This whereas statement is troublesome. The Council never voted on whether it wants to
avoid extensive repairs. The longer they wait to repair the building, the worse the building
gets. Any repairs the administration has done has made the condition of the building
worse. The building is important, and it's centrally- located. The Council did not make a
decision on paying now for the remodel of the State Street building. They discussed finding
out about and fixing hazard waste issues. While the resolution has no force of law, it has
intent. She moved to amend to remove the ninth whereas statement of the resolution.
Crawford stated the disposition of that building has not yet been decided. This
whereas statement indicates immediate refurbishments are necessary if the County
continues to use the building. The remodel of the other buildings alleviates the pressure
from the deteriorated building at the Northwest Annex. It makes sense to include that
whereas statement.
Brenner stated that's not what the whereas statement says. It says the County is
avoiding extensive repair and renovation costs.
Kremen suggested a friendly amendment to insert language, "avoid immediate
extensive repair and renovation costs."
Brenner accepted the friendly amendment.
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 is opposed to the resolution because she doesn't like the tone of
the language that indicates the County won't repair the Northwest Annex. Don't remodel
State Street until they understand the hazardous waste issues and decide if they are going
to clean it up.
Mann stated it is a major decision to reorganize County departments and renovate
buildings. It's a good plan, but the remodeling plans don't seem to be the most cost -
effective. He will probably support this item because he doesn't have a better idea at this
time.
Kremen stated he would ideally like to locate Planning Department services at the
Northwest Annex site. However, the County would have to demolish the building and
construct a new facility. That building is not suitable for Planning Department use. A lot of
research and analysis has been done on this issue. The location is better than the current
proposal, but the current proposal is the only viable way to be as efficient as possible, being
mindful of taxpayer dollars. He supports the proposal, but is disappointed they won't be
able to continue those services at the location of the Northwest Annex.
Brenner stated the building is solid. It needs remodeling and upgrading. Other
buildings have been structurally similar and renovated successfully. There has been no
extensive, third -party analysis. Any improvements that have been done have made the
situation worse. She doesn't trust what the staff says about it. The administration is
pushing to get rid of the building. The Civic Center Building has been repeatedly
remodeled. Nothing is being done cohesively. The Council should have plans for all
Whatcom County Council, 10/14/2014, Page 6
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building renovations. Instead of agreeing to this, approve a resolution that asks for those
analyses.
The motion carried by the following vote:
Ayes: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Nays: Brenner (1)
6. ORDINANCE AMENDING ORDINANCE NO. 2013 -003 (THIRD AMENDMENT)
TO ESTABLISH A PROJECT FUND FOR THE NEW JAIL PROJECT 2013 -2014
(AB2014 -306B) (7:55:21 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Brenner stated she supports the ordinance. She asked if the DLR Group will create
designs that address the concerns of the public.
Tyler Schroeder, Executive's Office, stated it will. The DLR Group will facilitate a
schematic design and civil engineering for the jail plans that were done through the
environmental impact statement (EIS) process, which addressed all of those concerns.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
7. RESOLUTION ESTABLISHING WHATCOM COUNTY COUNCIL MEETING DATES
FOR 2015 (AB2014 -317)
Crawford moved to approve the resolution.
Brenner stated she doesn't support the resolution, which should have a schedule
that is easier for the public to understand, such as the first and third week of the month, for
example.
Browne asked if the schedule accommodates the National Association of County
Officials (NACO) conference.
Dana Brown - Davis, Clerk of the Council, stated it does.
The motion carried by the following vote:
Ayes: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Nays: Brenner (1)
EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
KATHLEEN HARRIGAN AND RUSS SAPIENZA TO THE DEVELOPMENTAL
DISABILITIES BOARD (AB2014 -333) (7 :59 :42 PM)
Weimer stated he had the privilege of interviewing these folks, and moved to
confirm the appointment.
Whatcom County Council, 10/14/2014, Page 7
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The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
2. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
REID PARKER TO THE BICYCLE/ PEDESTRIAN ADVISORY COMMITTEE
(AB2014 -332)
Crawford moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
INTRODUCTION ITEMS
Crawford moved to accept Introduction Items one through three and the item
regarding timberland forest classification. Items four and five have been held in committee.
The motion carried by the following vote:
Ayes: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Nays: Brenner (1)
1. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, SIXTEENTH
REQUEST, IN THE AMOUNT OF $2,755,000 (AB2014 -334)
2. RESOLUTION APPROVING WHATCOM COUNTY /CITY OF BELLINGHAM JOINT
GRANTING AUTHORITY RECOMMENDATIONS ON SIX APPLICATIONS FOR
OPEN SPACE CURRENT USE ASSESSMENT ON LANDS LOCATED WITHIN CITY
OF BELLINGHAM AS AUTHORIZED BY THE OPEN SPACE TAXATION ACT,
CHAPTER 84.34 RCW (AB2014 -319)
3. RESOLUTION APPROVING THE WHATCOM COUNTY 2015 ANNUAL
CONSTRUCTION PROGRAM (AB2014 -329)
4. ORDINANCE ADOPTING THE SIX -YEAR CAPITAL IMPROVEMENT PROGRAM
FOR WHATCOM COUNTY FACILITIES (2015 -2020) AND AMENDING LEVEL OF
SERVICE STANDARDS (AB2014 -330)
S. APPLICATION TO REZONE FIVE ACRES FROM NEIGHBORHOOD COMMERCIAL
(NC) TO RURAL GENERAL COMMERCIAL (RGC) ZONING DISTRICT (AB2014-
331)
6. ORDINANCE TERMINATING OPEN SPACE TIMBER LAND CLASSIFICATION
AND CONSOLIDATING TIMBER LAND CLASSIFICATION WITH DESIGNATED
FOREST LAND CLASSIFICATION AND DECLARING LAND PREVIOUSLY
CLASSIFIED AS TIMBER LAND TO BE DESIGNATED FOREST LAND (AB2014-
300)
Whatcom County Council, 10/14/2014, Page 8
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COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Brenner reported for the Public Works, Health, and Safety Committee on items
discussed in committee:
• Discussion on decision regarding Bertrand Creek Estates offsite mitigation
(AB2014 -328)
• Resolution approving the Whatcom County 2015 Annual Construction Program
(AB2014 -329)
• Ordinance adopting the Six -Year Capital Improvement Program for Whatcom
County facilities (2015 -2020) and amending level of service standards
(AB2014 -330)
Jack Louws, County Executive, stated he's been in contact with John Steensma via
email and in person tonight. The neighbors are going to meet with County staff soon to
come up with a suitable resolution.
Mann reported for the Planning and Development Committee regarding the
Discussion regarding an application to rezone five acres from Neighborhood
Commercial (NC) to Rural General Commercial (RGC) zoning district (AB2014-
331).
Crawford reported for the Finance Committee on the Resolution declaring the
Whatcom County Flood Control Zone District's intention to lease property on River
Road (AB2014 -298).
Brenner reported on the following items:
• A tour with Sustainable Connections on roadside native vegetation
• A recent meeting at Semiahmoo Park regarding stormwater issues
• A recent open house at British Petroleum (BP)
• A railcar response meeting at the Emergency Operations Center
• A recent meeting of Kendall Watch that included a presentation by Judge
Snyder regarding drug court
ADJOURN
The meeting adjourned at 8:08 p.m.
The Council approved these minutes on November 12, 2014.
ATTEST:
Dana Brown - Davis, Council Clerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Whatcom County Council, 10/14/2014, Page 9