HomeMy WebLinkAboutCouncil October 28 20141
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WHATCOM COUNTY COUNCIL
Regular County Council
October 28, 2014
CALL TO ORDER
Council Chair Carl Weimer called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Ken Mann, Sam Crawford, Carl Weimer, Pete Kremen,
Rud Browne and Barry Buchanan.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
From Committee of the Whole
Discussion regarding potential property acquisition for the Flood Control Zone District
(AB2014 -018)
Crawford moved to authorize the County Executive, acting on behalf of the
Whatcom County Flood Control Zone District Board of Supervisors, to move forward with
and complete acquisition of the property, as long as the purchase price of the parcel does
not exceed the amount discussed in executive session.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
MINUTES CONSENT
Mann moved to approve the Minutes Consent items.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
1. SURFACE WATER WORK SESSION FOR SEPTEMBER 23, 2014
2. COMMITTEE OF THE WHOLE FOR SEPTEMBER 30, 2014
3. COMMITTEE OF THE WHOLE FOR OCTOBER 14, 2014
Whatcom County Council, 10/28/2014, Page 1
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PUBLIC HEARINGS
1. RESOLUTION APPROVING THE WHATCOM COUNTY 2015 ANNUAL
CONSTRUCTION PROGRAM (AB2014 -329)
Weimer opened the public hearing and, hearing no one, closed the public hearing.
Crawford moved to approve the resolution.
Brenner reported for the Public Works, Health, and Safety Committee and moved
to amend the resolution to add a new item between the current items 20 and 21 for the
Lakeway Drive /Parkstone Lane area crosswalk for a total amount of $300,000.
Mann stated he supports the amendment.
Browne submitted a handout and stated he has concerns. He supports pedestrian
and bicycle safety in all parts of the county. However, they must study the whole corridor
before adding the crosswalk. The Public Works Department staff has expressed concerns
about whether a crosswalk is appropriate, about what type of crosswalk is appropriate, and
whether they need to do a comprehensive review of Lakeway Drive.
Brenner stated the Committee addressed this concern. Councilmember Kremen
requested specifically that any crosswalk they create will be safe. The Executive assured
that their design will be as safe as it can be.
Kremen stated the handout from Councilmember Browne concerns him. The Council,
including Councilmember Browne, voted earlier this year to approve another project that
also didn't meet warrants. These concerns were not mentioned at that time. He told staff
that any proposal must be a safe proposal. The Council wouldn't approve an unsafe
proposal.
Browne stated a study is necessary to make sure the crosswalk is in the right place
and is adequate for the job.
Mann stated adding a crosswalk to the resolution doesn't designate a specific
location or style of crosswalk. Staff will suggest the safest location and design. That will be
part of the decision to be made later.
Weimer stated putting a crosswalk on the annual construction program list does not
approve the crosswalk design. The actual crosswalk will come before the Council at a later
date. He's impressed with a new crosswalk on Northwest Road that includes flashing lights
and rumble strips. Staff can build a safe crosswalk. He supports adding it to the list. That
doesn't guarantee his support when the project comes forward.
Brenner stated everyone on the Council puts safety first. Comprehensive studies
take forever. A crosswalk can be designed safely.
Kremen stated he has serious concerns now about the handout from Councilmember
Browne. It's problematic. It's a public record. The response from legal staff prevents the
Council from moving forward at this time. It makes the County vulnerable no matter what
happens.
Whatcom County Council, 10/28/2014, Page 2
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Browne stated any potential liability was already there. He didn't create it. Mr.
Rutan, a certified engineer, already spoke on the record.
Weimer stated the decision for the four -way stop in the Ferndale area involved a
very different kind of risk. They don't incur any liability by adding it to the list. He wants
better analysis before he votes to approve any project.
Browne stated he wants a proper analysis of that section of the road, so they have a
comprehensive approach for safety. He would like an amendment that council would only
approve a crosswalk that would be safe.
Karen Frakes, Prosecutor's Office, stated the handout from Councilmember Browne
contains attorney - client advice, which is exempt from public disclosure, regardless of
whether or not it was sent via email.
Kremen stated he wants to move forward, but not spend a lot of staff time or
consultant time for something they're never going to do. There is specific, final language in
the communication from legal counsel. There is no room to ever build the crosswalk in the
future. Frakes stated adding the project to the list doesn't approve the project. There isn't
liability to putting it on the list.
Weimer stated the Council can have a discussion with the attorney before they spend
any more staff time on this effort.
Browne suggested a friendly amendment that the Council is willing to approve a
solution that the County engineer is willing to deem safe.
Brenner did not accept the friendly amendment. Any project they approve will be
safe. She restated the proposed amendment to amend the resolution to add a new item
between the current items 20 and 21 for the Lakeway Drive /Parkstone Lane area crosswalk
for a total amount of $300,000. The final crosswalk analysis and design would be safe.
Kremen stated any proposal brought to the Council would have to be safe.
Crawford stated he is against the motion to amend. The County engineers have
studied this location and all the intersections in the area. There are 8,000 to 12,000
vehicles per day. It is the thoroughfare for all of the Sudden Valley community to get in
and out of town every day. The curves in the road limit sight distance. It will be difficult or
impossible to create a pedestrian intersection that won't have problems. Per the County
engineer, they should put something that completely stops traffic if they are going to put
anything out there. This intersection has no history of traffic accidents. Any type of traffic
control measure with the curves and limited sight distance will create traffic accidents.
They will create a tremendous liability for the County. He respects pedestrian uses on the
road. In this location, they must understand they are creating a bigger problem for vehicles
than they are solving for pedestrians. It doesn't warrant this type of traffic control.
Because this doesn't come close to meeting commonly accepted standards, the County
won't get any funding for this project. They will have to use County road fund dollars and
make an investment in an intersection that will become more dangerous for the vast
majority of users, which are vehicle drivers, not pedestrians.
Only the people on Lakeway have to go across the street to get their mail, not the
people on Parkstone. The people on Lakeway have always had to cross the street to get the
Whatcom County Council, 10/28/2014, Page 3
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mail. The Birch Street development residents will be able to go toward town on the new
road being built through to Parkstone. It is being built to a residential standard, with
curbed gutters, sidewalks, and street lights. Given all those factors, it's clear that this
project is uncalled for.
Brenner stated the sight distance at Parkstone is excellent.
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Buchanan and Kremen (4)
Nays: Crawford, Weimer, and Browne (3)
The motion to approve as amended carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
2. 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)
Weimer opened the public hearing and, hearing no one, closed the public hearing.
Brenner moved to adopt the ordinance. She stated the ordinance is a change in
efficiency, but it won't make a big difference for applicants.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
OPEN SESSION
The following people spoke:
• Alan Friedlob submitted a handout (on file) and spoke about the property
acquisition in Birch Bay.
• Nora Short spoke about the real estate purchase agreement between Whatcom
County and Mt. Baker School District for the acquisition of approximately 4.2
acres for park purposes in Maple Falls (AB2014 -335).
• Joelle Adams spoke about the real estate purchase agreement between
Whatcom County and Mt. Baker School District for the acquisition of
approximately 4.2 acres for park purposes in Maple Falls (AB2014 -335).
• Steven Bowden spoke about the real estate purchase agreement between
Whatcom County and Mt. Baker School District for the acquisition of
approximately 4.2 acres for park purposes in Maple Falls (AB2014 -335).
• Daniel Probst submitted a handout (on file) and spoke about the real estate
purchase agreement between Whatcom County and Mt. Baker School District for
the acquisition of approximately 4.2 acres for park purposes in Maple Falls
(AB2014 -335).
• Larry Helm spoke about the flood fund and packinghouses.
Whatcom County Council, 10/28/2014, Page 4
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• Sam Taylor spoke about his application for appointment to the Planning
Commission.
• Rebecca Baker spoke about the real estate purchase agreement between
Whatcom County and Mt. Baker School District for the acquisition of
approximately 4.2 acres for park purposes in Maple Falls (AB2014 -335).
• Laurel Waldren- Hanson spoke about the real estate purchase agreement
between Whatcom County and Mt. Baker School District for the acquisition of
approximately 4.2 acres for park purposes in Maple Falls (AB2014 -335).
• Dean Prather spoke about his application for appointment to the Planning
Commission.
• Michael Bersch spoke about his application for appointment to the Planning
Commission.
• Carol McDonald spoke about the real estate purchase agreement between
Whatcom County and Mt. Baker School District for the acquisition of
approximately 4.2 acres for park purposes in Maple Falls (AB2014 -335).
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through five.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND FLEX -PLAN SERVICES FOR
ADMINISTRATIVE AND CLAIMS PROCESSING SERVICES FOR THE DIRECT
REIMBURSEMENT DENTAL PROGRAM EFFECTIVE JANUARY 1, 2015, IN THE
AMOUNT OF $3 PER PARTICIPANT PER MONTH, OR $27,540 /YEAR
MAXIMUM AT CURRENT ENROLLMENT (AB2014 -336)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SHEARER DESIGN LLC FOR
DESIGN OF THE SOUTH PASS ROAD /SAAR CREEK BRIDGE 212
REPLACEMENT PROJECT, IN THE AMOUNT OF $55,868 (AB2014 -337)
3. RESOLUTION ORDERING THE CANCELLATION OF WARRANTS MORE THAN A
YEAR OLD (AB2014 -338)
4. RESOLUTION ORDERING THE CANCELLATION OF ACCOUNTS RECEIVABLE
MORE THAN A YEAR OLD (AB2014 -339)
S. RESOLUTION ORDERING THE CANCELLATION OF EMPLOYEE ACCOUNTS
RECEIVABLE MORE THAN A YEAR OLD (AB2014 -340)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, SIXTEENTH
REQUEST, IN THE AMOUNT OF $2,755,000 (AB2014 -334)
Whatcom County Council, 10/28/2014, Page 5
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Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Brenner stated she supports the part of the ordinance regarding parks. She supports
small parks in communities that have a need like this. She asked if the funding for the
Lighthouse Marine Park project could have been funded by the park fund instead of the real
estate excise tax (REET) fund.
Mike McFarlane, Parks and Recreation Department Director, stated it was taken from
the REET fund because they didn't yet have the park fund. It probably could be funded
from the park fund. It's a capital project. He described the project.
Brenner stated she would like future items like this to be funded from the park fund,
so they can use the REET funds for stormwater projects. This project is important, and it's
not much money. She asked about giving money to the Northwest Parks District.
McFarlane stated the County isn't giving money to the Northwest Parks District. They have
set aside money to help.
Brenner stated other community organizations will maintain and do the work on this
project, as part of a public /private partnership. Allow money to come back to the County to
reimburse the conservation futures fund.
Mann stated they aren't giving money to the Parks District. They also aren't giving
money to the State for the State park. He supports the park with the caveat that it is up to
the Parks District, Chamber, and community to operate, maintain, and develop the park.
Weimer stated they can't use the conservation futures money for the berm project or
transfer conservation futures funds to Northwest Parks. Conservation futures funds have to
be used to purchase parkland. There don't seem to be clear plans yet for the park once it's
purchased. They would have lost the property to development if they didn't take the
opportunity to purchase it now and set it aside. They have a clear sense of some things
they want to do with the property, including parking and restrooms. It's not completely
planned out yet.
Crawford stated he would love to see the Birch Bay community become a
municipality. He's not sure how that would happen.
Kremen stated the Birch Bay acquisition is long overdue. The community is one of
the county's greatest sources of tourism dollars. It's an opportunity for the community to
become even more viable in the tourism industry. It's a small property with a high cost, but
the value exists. This is an opportunity for all of Whatcom County to realize a very nice
return on the investment. It's an asset for the entire county. He encourages the
community to consider a public /private partnership and community volunteerism to develop
a project with the County.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
REAL ESTATE PURCHASE AGREEMENT BETWEEN WHATCOM COUNTY AND
MT. BAKER SCHOOL DISTRICT FOR THE ACQUISITION OF APPROXIMATELY
Whatcom County Council, 10/28/2014, Page 6
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4.2 ACRES FOR PARK PURPOSES IN MAPLE FALLS, IN THE AMOUNT OF
$235,000 (AB2014 -335)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
3. RESOLUTION DECLARING THE WHATCOM COUNTY FLOOD CONTROL ZONE
DISTRICT'S INTENTION TO LEASE PROPERTY ON RIVER ROAD (AB2014-
298) (8:11 :26 PM)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.)
Mann moved to approve the resolution.
Browne moved to amend to accept the substitute version of Exhibit B that he
submitted (on file).
Crawford stated he supports the amendment. The family's representative who
leases the land wants to do this. He had been concerned about an added cost to the family,
but they seem to support the idea of paying for it.
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
The motion to approve as amended carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
COUNCIL APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
1. NOMINATION AND APPOINTMENT TO FILL A VACANCY ON THE WHATCOM
COUNTY PLANNING COMMISSION, DISTRICT 3 - APPLICANT(S): SAM
TAYLOR, DEAN PRATHER, AND MICHAEL BERSCH (AB2014 -318) (8 :16 :20 PM)
Browne nominated all three applicants.
Crawford thanked the At -Large Councilmember for nominating all applicants.
Kremen stated he's pleased they received three talented, dedicated, and skilled
applicants. It's a difficult job that pays nothing. Each applicant is worthy of appointment.
He thanked all three for being willing to serve.
Brenner stated she looks forward to getting to know all the applicants. She's
impressed by all the applicants.
Whatcom County Council, 10/28/2014, Page 7
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Browne stated he agrees with Councilmember Kremen. He will vote for the person
who has seen the Planning Commission and Council in operation. He had a good
conversation with all three candidates. He encourages the other two candidates to spend
time at Council meetings and Planning Commission meetings.
Crawford stated the 2016 Comprehensive Plan process is coming up. It will be a
difficult process.
Councilmembers Weimer, Browne, Crawford, Brenner, Kremen, and Buchanan voted
for Sam Taylor.
Councilmember Mann voted for Michael Bersch.
The Council appointed Sam Taylor.
Weimer stated the Planning Commission tends to be a polarized group. It's nice to
get three qualified applicants. He hopes they will apply for another committee in the future.
There is an opening now on the Surface Mining Advisory Committee. It would be good to
get some expertise on that committee.
INTRODUCTION ITEMS
1. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET,
SEVENTEENTH REQUEST, IN THE AMOUNT OF $77,912 (AB2014 -341)
Crawford moved to accept the Introduction Item.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
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) (8:22:41 PM)
Buchanan reported for Natural Resources Committee about the City /County joint
granting authority regarding six open space applications. The joint granting authority
approved resolution 2014 -054 with an amendment.
Brenner stated she would like to see the Comcast franchise agreement being
developed. Contact the Washington Utility and Transportation Commission (WUTC).
Comcast should be treated like a utility. There are rules it should follow. They must get
this agreement done.
Kremen stated he would like the public to let the Council know of any issues and
concerns they may have with Comcast. When entering into a long contract of 15 years,
make sure they're doing the right thing.
Whatcom County Council, 10/28/2014, Page 8
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Weimer stated the Council must select a member to be on the Water Utility
Coordinating Committee (WUCC). He suggests the Council appoint two members so there is
a backup representative.
Kremen moved to nominate and appoint Councilmembers Weimer and Browne.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Weimer stated there were concerns about attendance at the Planning Commission
meetings. Planning staff had a discussion with the Commissioner, whose job situation is
changing and will become available for meetings in 2015.
Crawford stated the Planning Commission is responsible for its own bylaws and
removing absent members.
Brenner reported about the budget item and email she received from Sean
Humphrey House and the open house she attended at British Petroleum (BP).
ADJOURN
The meeting adjourned at 8:31 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, 10/28/2014, Page 9