HomeMy WebLinkAboutCouncil Sept 30 20141
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Whatcom COUNTY COUNCIL
Regular County Council
September 30, 2014
CALL TO ORDER
Council Chair Carl Weimer called the meeting to order at 7:10 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(7:15:02 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.
Applications are due in the Council Office by 10:00 a.m. on Tuesday, October 21, 2014.
Weimer stated there was a strategy planning discussion and positions to be
taken regarding collective bargaining (AB2014 -018) and a discussion of possible
property acquisition for park purposes (AB2014 -018) in executive session during the
Committee of the Whole meeting.
SPECIAL PRESENTATIONS
1. BEHAVIORAL REVENUE ADVISORY COMMITTEE TO PRESENT THE THIRD
QUARTERLY REPORT FOR 2014 (AB2014 -316) (7 :16 :01 PM)
Chris Phillips, Behavioral Revenue Advisory Committee Member, gave a report and
introduced the presentation on school -based services.
Joe Fuller, Health Department, submitted and read from a handout (on file) and
stated schools are a great way to provide access to certain areas of the county.
Ian Linterman, Mt. Baker School District, thanked the Council and Health
Department for their support and described the programs his district has developed.
MINUTES CONSENT
(7:23:51 PM)
Whatcom County Council, 9/30/2014, Page 1
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Browne moved to approve Minutes Consent items one through five, including a
substitute page for item three.
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 JULY 15, 2014
2. COMMITTEE OF THE WHOLE FOR JULY 22, 2014
3. REGULAR COUNTY COUNCIL FOR JULY 22, 2014
4. BOARD OF HEALTH FOR JULY 29, 2014
S. COMMITTEE OF THE WHOLE FOR AUGUST 5, 2014
PUBLIC HEARINGS
1. ORDINANCE ADOPTING 2009 AMENDMENTS TO WHATCOM COUNTY CODE,
TITLE 23 — SHORELINE MANAGEMENT PROGRAM (AB2014 -287) (7 :25:02
PM)
Cliff Strong, Planning and Development Services Department, gave a staff report.
Brenner referenced item three in the memo on Council packet page 254 and asked
for clarification.
Weimer stated the provision is required, but people are allowed once to not have a
conditional use permit.
Strong stated the language isn't as confusing in the ordinance as it is in the memo.
He referenced ordinance page five, Council packet page 261.
Brenner stated she's fine with the language in the ordinance. She referenced item
F.1 on ordinance page four, Council packet page 260. She asked what happens if people
don't settle with their insurance company within 18 months, and if there is an opportunity
for an extension. Strong stated that language is in the existing Shoreline Management
Program (SMP).
Wain Fitch, Planning and Development Services Department, stated someone would
have to start the process within 18 months, not complete the permit. There are provisions
for putting things on hold.
Brenner referenced item F.2 on Council packet page 260 and asked who decides if
there is no feasible alternative. Anything can be feasible with enough money. She asked if
someone would be allowed to replace a building that was already there and if staff considers
the cost if placing it elsewhere. Strong stated costs typically aren't accounted for in these
situations. There is no other feasible alternative when the lot is so small or has so many
wetlands that it can't be moved elsewhere.
Weimer opened the public hearing, and the following people spoke:
Whatcom County Council, 9/30/2014, Page 2
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Wendy Harris stated do not to adopt the ordinance. The regulations are based on
old science dated before 2005. The County Comprehensive Plan and Critical Areas
Ordinance are being updated. They will require a review of best available science. In
particular, she is concerned because shoreline health has declined and about the
nonconforming use provisions that allow residences in landslide or flood areas.
Dannon Traxler stated that a determination that no feasible alternative exists means
that staff can make homeowners move the locations of their houses. They were assured in
2009 that this language doesn't intend to do that, but the language stands. If possible,
change the language to be clearer.
Hearing no one else, Weimer closed the public hearing.
Brenner asked if there is a requirement to get this done by a certain date. Strong
stated there is no time limit.
Brenner moved to refer to committee until they get more information. Possibly put
it in committee to work on language. It's been a long time since they've worked on this.
Weimer asked when the next update needs to be done. Strong stated the next
update is required by 2018. They will begin in 2016, when the Comprehensive Plan is
updated.
Weimer asked if it would matter to Ecology if the County waited to start this until
2016. Strong stated it wouldn't that he is aware of. Some changes they wanted wouldn't
be included.
Kremen stated he supports the motion to refer to committee. There is no rush, and
the science has changed. It's been so long since they started working on this that the
objectives have changed. Take the time to do this right.
Mann stated he is concerned about opening up the whole topic again.
Kremen stated he supports putting it back in committee, working on it, and taking
their time do the best they can with updated information.
future.
Browne asked why they would not adopt this now and work on any changes in the
Buchanan asked if Councilmember Brenner wanted to table this to a specific date.
Brenner stated it doesn't have to go that far into the future. She recalls language
about a feasible alternative. There are things they can fix. Don't pass it and then amend it.
It's better to do it right the first time.
Weimer stated he is against the motion to hold. The regulation they're talking about
is already in place. Staff doesn't have the time to do a complete update with all the other
huge projects and updates that are happening. In reality, they would be tabling it for two
or three years until the County staff has the capacity to deal with it. They can't do a
shorelines update along with the Comprehensive Plan and other updates.
Whatcom County Council, 9/30/2014, Page 3
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Crawford stated he is against the motion to hold. All the changes tonight are
clarifications. There isn't a point to delay adopting the ordinance tonight. He didn't vote for
this plan originally. He would love to revisit the issue of shoreline setbacks. Science has
changed. He's glad to hear there is a process for revisiting it beginning in 2016.
Brenner asked if there is language about not applying this to landslide hazards and
other things. Strong stated the language says that one can build with a conditional use
permit and adhere to the critical areas ordinance, which have standards for building in flood
or other hazard areas.
Mark Personius, Planning and Development Services Department, stated these
changes are to help staff and applicants clarify the requirements. It helps in the
interpretation and application of the codes. These are benefits that property owners do not
now have.
Brenner stated they discussed allowing a property that is damaged to be rebuilt in
the same area. This language says that can only be done with no feasible alternative.
That's not a clarification.
Crawford stated the Council passed this in 2007. He and Councilmember Brenner
voted against this. It took a year for Ecology to approve the plan. He doesn't know what
got implemented when.
Fitch stated that right now, everything is subject to the feasibility condition. This
change allows flexibility with single - family residences, which won't have to be moved. This
ordinance actually makes it less restrictive for single - family residences. The small
expansions that won't require a conditional use permit (CUP) are required to have a CUP
now.
The motion to refer to committee failed by the following vote:
Ayes: Brenner and Kremen (2)
Nays: Mann, Crawford, Browne, Buchanan, and Weimer (5)
Crawford 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 ADOPTING THE SIX -YEAR WATER RESOURCES IMPROVEMENT
PLAN (WRIP) FOR THE YEARS 2015 THROUGH 2020 (AB2014 -299) (7:52 :52
PM)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.)
Weimer opened the public hearing and, hearing no one, closed the public hearing.
Crawford moved to approve the resolution.
Brenner moved to amend the resolution by removing the Marietta acquisition.
Whatcom County Council, 9/30/2014, Page 4
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Crawford stated he is against the motion to amend. The County has been
purchasing these properties for a long time. The program is successful. They are
eliminating future flood hazard problems with property owners who have been somewhat
rogue and moved into unpermitted structures. They've done a good job in this area.
Brenner stated they shouldn't pay for lots that are virtually unbuildable.
Mann stated he supports the motion to amend. Don't pay people to not build in
hazard areas. They must have a certain level of personal responsibility.
Weimer stated he is against the amendment. The are significant opportunities for
habitat restoration in estuaries. A tremendous amount of grant money would flood in if
they can succeed at 100 percent.
Kremen stated he is against the motion to amend. It makes sense in the long run.
If they don't, they will continue to have to engage in flood remediation forever.
Brenner stated most of these properties won't ever be built upon. Spend money on
properties that are likelier for building. Laws allow the County to do much of the work
without purchasing properties.
The motion to amend failed by the following vote:
Ayes: Brenner and Mann (2)
Nays: Crawford, Browne, Buchanan, Weimer and Kremen (5)
The motion to approve carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (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 :00:47 PM)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.)
Weimer opened the public hearing, and the following people spoke:
Jack Mellema stated he leases 20Y2 acres along River Road. It has been farmed as
part of his family's farm for 75 years. There have been several major floods since 1970 due
to a breach in the dike. He's worked at his own time and expense to repair flood damage.
The soil is good. He asked for the right of first refusal since he has been a good steward of
the land for so many years.
John Steensma stated he is the son -in -law of the previous speaker. There are two
types of farmers: those who use the land for profit and those who are land stewards, taking
care of the land for the next generation. The Mellemas are good stewards. They believe
the land is only ours to use for a few years, before passing on to the next generation. Allow
Mr. Mellema the right of first refusal. He wonders why the County owns this land. It was
part of the original homestead act that was originally meant for schools. The State passed
it to the County five years ago. The County will never do anything with it because it is in
the flood plain. The County shouldn't be in the farmland business.
Whatcom County Council, 9/30/2014, Page 5
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Patrick Alesse stated he is impressed with Mr. Mellema's proposal.
Hearing no one else, Weimer closed the public hearing.
Brenner asked if the County can legally grant a right of first refusal.
Karen Frakes, Prosecutor's Office, stated she would need more time to research the
question before giving a legal opinion.
Frank Abart, Public Works Department, stated he would also have to research the
question of whether State law allows granting a right of first refusal.
Paula Cooper, Public Works Department, stated they could allow a minimum and
maximum bid.
Kremen moved to hold this item to have time to review the process for allowing the
right of first of first refusal.
Cooper stated there may be a lapse in the lease, but there shouldn't be a problem
with holding the item.
Mann asked why the County owns the land. Cooper stated the County purchased the
property because it's in a location necessary for constructed overflow, according to the
Comprehensive Flood Plan. Farming it now, and maybe after they create the overflow, is an
option.
Brenner asked about selling the property and retaining an easement to do flood
work. The County was able to lease a house to a Parks Department employee at fair
market value without going out to bid. Frakes stated she will have to look into it.
Weimer stated the motion is to hold this item in Council until they get information
about options, including extending the existing lease and selling the property with an
easement.
Buchanan stated demonstrated stewardship of this level for 44 years makes the
County obligated to try to find a way to make this happen.
The motion to hold carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
4. RESOLUTION APPROVING THE WHATCOM COUNTY SIX -YEAR
TRANSPORTATION IMPROVEMENT PROGRAM (TIP) FOR THE YEARS 2015
THROUGH 2020 (AB2014 -294) (8:16:40 PM)
Weimer opened the public hearing, and the following people spoke:
Lisa McShane stated she would like this program to more closely reflect the
countywide prioritization recently completed by the Council of Governments. Combine the
Slater Road intersections and make them the first priority, making them eligible for funding.
Move the Slater Road /Interstate 5 interchange higher on the list. Amend the project list to
show funding in 2015 rather than 2020.
Whatcom County Council, 9/30/2014, Page 6
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Darcy Jones, Jones Engineers, stated make project 15, the Slater Road connector, a
much higher priority and make more funding available sooner. This project is a unique
opportunity for a public /private partnership that includes municipalities, tribes, and private
businesses. Building the connection would alleviate congestion at the Bakerview Road
interchange.
Larry Helm stated connect Van Wyk Road from Hannegan Road to the Guide
Meridian. Move that plan up on the list to see if it's feasible.
Cleo Callen stated the Slater Road connector can be an economic driver and is
necessary, given the development occurring on Bakerview Road. Move it higher on the list,
assign funding, do engineering work, and acquire right -of -way. The Ferndale City Council
unanimously asked the County to build this road. The Lummi Nation and business
community also want the County to build the road.
Patrick Alesse stated he agrees with Lisa McShane. The Lummi Nation receives the
first priority. The rest of the County is number four. The connectors will help with traffic
jams on Interstate 5.
Wendy Harris stated the transportation improvement program should consider
critical areas and ecosystem values. The City's development destroyed wetlands. The
county needs connectivity corridors for wildlife migration. Create plans that avoid wildlife
and human conflict.
Hearing no one else, Weimer closed the public hearing.
Kremen moved to approve the resolution. He moved to amend Attachment A on
Council packet page 351 of the packet:
• Move item six regarding the Slater Road /Northwest Road project to item seven,
• Move item 16 regarding the Slater Road /Interstate 5 interchange to item six, and
• Move item 15 regarding the Slater Road Connector to item eight.
These projects are interrelated. They need to be done as a package. The Slater
Road is an excellent route for connectivity for the community in that area. The City of
Bellingham has made poor planning decisions in the Bakerview area, given all the
development that has occurred in that area and the nearby location of the airport. This
area will be essential for an alternate commuting route. The proposed new jail will probably
be located in that general area. They must amend the TIP accordingly. This amendment is
consistent with a recent decision of the Council of Governments.
Browne stated he thanks Mr. Rutan for explaining the exhibits in the packet. He
asked the impact of the motion to amend.
Jack Louws, County Executive, stated he asks that the Council not support the
motion to amend as proposed by Councilmember Kremen. Whatcom County has offered to
partner with the other agencies to improve the Slater Road interchange. They were able to
create an interim solution for the interchange for the next five to seven years. The State
identifies the Slater Road interchange as a major project that may or may not be funded if a
transportation package moves forward. The County isn't ready to put a tremendous amount
of effort into such a project until they find out what the development requirements are in
the area and finish the traffic study. The government must find out what the developers of
properties in the area plan to do with their properties. The Lummi Nation has just applied
for 22 more parcels to go into trust in the area and put a convenience store on that
Whatcom County Council, 9/30/2014, Page 7
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property. The County must make sure developers pay their fair share of the costs. The
traffic study will be done in a year. It will identify the benefits of and problems with a Slater
Road connection. The County has other needs in the meantime.
Buchanan stated he supports Councilmember Kremen's motion. The Council of
Governments looked at this in the context of a larger picture. The Council of Governments
(COG) overwhelmingly supported prioritizing this project. He suggested a friendly
amendment to move the $5,000 funding for project 16 from 2020 to 2015. The Lummi
Nation is looking for grants. This may help them in that process.
Kremen accepted the friendly amendment.
Weimer asked for an explanation of the COG decision to rate this project number one
and how moving these projects forward may affect the progress on the projects that will be
lowered on the list.
Joe Rutan, Public Works Department, stated the State asked the COG for a
prioritized list of big projects. All the agencies were able to get behind this Slater Road
project. The priority number is just a number and doesn't change anything unless the
money is moved from one year to another.
Weimer stated a priority one rank may help obtain grants.
Brenner stated they won't need the current project six with the Slater
Road /Northwest Road traffic light if they build the Slater Road connector. Go ahead with
the roundabout. Since Mr. Rutan is such a great negotiator, they should talk to the Lummi
Nation about contributing funds, since the County pays them money every year and the
project will benefit their property. She supports the motion to amend.
Brenner suggested a friendly amendment to remove Slater Road /Northwest
Road from the list and use the money on the connector.
Kremen did not accept the friendly amendment.
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Brenner moved to amend to move the Slater Road /Northwest Road project down
the list or eliminate it.
Louws stated that project includes just two or three stop signs.
Brenner stated they've been told many times that stop signs in illogical locations will
make an intersection more dangerous because people will ignore it. Rutan stated putting
stop signs in places that don't meet warrants will train people to ignore the stop signs. This
location meets stop sign warrants. It's a very appropriate place for a stop sign. He agrees
they will be new and different, so the County will do everything possible to make people
aware of them. The Slater Road /Northwest Road project on the list is integral to the Slater
connector project. The entire Slater corridor is important, and the entire road has been
divided into project sections. That intersection is key to making the connector work, if they
install a roundabout or other control. Until that time, they will make it a three -lane stop.
Whatcom County Council, 9/30/2014, Page 8
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Brenner withdrew her motion to amend.
The motion to approve as amended carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
OPEN SESSION
(8:43:38 PM)
The following people spoke:
• Hal Roker submitted a handout (on file) and spoke about adding information
on the Gateway Pacific Terminal to the County website.
Jack Louws, County Executive, stated he would accept the document and put in on
the website.
• Larry Helm spoke about jail funding.
• Joy Gilfilen submitted a handout (on file) and spoke about building a county
jail.
• Irene Morgan, Restorative Community Coalition, submitted handouts (on file)
and spoke about jail funding.
• Greg Brown spoke about flood control funds.
• Wendy Harris spoke about questionable benefits from the Mountain Biking
Association.
• John Bremmer spoke about protecting and developing around wildlife.
CONSENT AGENDA
(9:02:22 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through six.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
1. RESOLUTION ORDERING THE CANCELLATION OF UNCLAIMED FUNDS MORE
THAN TWO YEARS OLD FROM THE WHATCOM COUNTY JAIL INMATE TRUST
FUND (AB2014 -309)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND CORNWALL CENTER,
INC., FOR THE PURPOSE OF LEASING LAND AT THE CIVIC CENTER BUILDING
SITE, IN THE AMOUNT OF $650 PER MONTH, WITH A 3% ANNUAL INCREASE
FOR THREE YEARS, FOR A TOTAL AMOUNT OF $32,632 (AB2014 -310)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO PURCHASE SNOW
AND ICE CONTROL PRODUCTS USING THE WASHINGTON STATE CONTRACT,
THROUGH VENDOR LTI, INC., IN AN AMOUNT UP TO $80,000 (AB2014 -311)
Whatcom County Council, 9/30/2014, Page 9
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4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO PURCHASE AUTO
ACCIDENT MANAGEMENT SERVICES USING THE WASHINGTON STATE
CONTRACT, THROUGH VENDOR GITT'S AUTOBODY, IN AN AMOUNT OF
APPROXIMATELY $80,000 (AB2014 -312)
5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND AVOCET
ENVIRONMENTAL LAB FOR SPACE AT STATE STREET IN THE AMOUNT OF
$2,000 PER MONTH, TOGETHER WITH LEASEHOLD TAXES AT THE RATE OF
12.84% MONTHLY, FROM JULY 1, 2014 THROUGH JUNE 30, 2016 (AB2014-
313)
6. RESOLUTION SETTING THE HEARING AND NOTICE OF HEARING FOR THE
SALE OF COUNTY TAX TITLE PROPERTY BY NEGOTIATION, REQUEST #2014-
01 (AB2014 -314)
OTHER ITEMS
1. RESOLUTION SUPPORTING THE WHATCOM COUNTY POLLUTION
IDENTIFICATION AND CORRECTION (PIC) PROGRAM (AB2014 -305) (9 :03:13
PM)
Buchanan reported for the Natural Resources Committee and moved to approve
the resolution.
Brenner stated she supports the Pollution Identification and Control (PIC) Program,
but not funding from the flood fund.
Tyler Schroeder, Executive's Office, stated this resolution supports the program, but
doesn't mention the flood fund.
Crawford moved to amend the language in the regulatory backstop section on
Council packet page eight, '...violation, or civil penalty). Prior to any correction action taken
by Whatcom County, affected landowners will be provided a final opportunity to respond
within 15 days in writing and /or in person to the County's claims of violation. Any
corrective action taken will include a County response to specific assertions or mitigating
circumstances claimed by the affected landowners. Issues regarding OSS...." Ensure that
the property owner has an opportunity to submit information to the Departments of Ecology
or Agriculture that the staff missed or omitted from the file, when it goes to those agencies.
This notification is part of the letter. Any response will be included in the file and responded
to by the County.
Mann suggested a friendly amendment to replace the term 'corrective action' to
'compliance action.'
Crawford accepted the friendly amendment.
Weimer stated he is against the amendment. Fecal coliform pollution is increasing.
Many local groups and the public have asked for this process. There is no enforcement in
Whatcom County right now. If landowners refuse to work with the Conservation District
they will be referred to enforcement. Don't create another level of enforcement that
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requires the County to collect and document information. The County already doesn't have
staff to do enforcement. Such an additional process is contrary to recommendations of the
volunteer groups that have worked to bring this forward.
Brenner stated she supports the amendment. This is a way to give someone the
ability to respond, rather than waiting until later in the process. It won't create more effort
or require more time. They are increasing enforcement efforts, partly for this reason.
Crawford stated this simply allows property owners to make sure their files are
supplemented with their comments. It must be done within 15 days.
Weimer stated County staff will have to create a tracking system and document the
responses. By the time it goes to enforcement, landowners have already been contacted
four times and ignored the staff. This adds another step that makes sure no one is enforced
against.
Crawford stated the information landowners submit could be new information that
the staff wasn't aware of.
Mann stated the last attempt to contact the landowners could indicate that they have
15 days to tell the County why it isn't their fault and give them an opportunity to enter
something into their file, as Councilmember Crawford suggests. It's a reasonable gesture.
He sympathizes with people who don't get around to dealing with their mail right away, but
it seems mild to add that language to the last letter.
Browne asked if the first two letters allow the landowners to explain their situations.
Weimer explained the process.
Buchanan asked what the third letter says.
Tyler Schroeder, Executive's Office, stated staff are working on developing the three
letters to engage the property owners. The first letter will make the landowners aware of
the problems and ask that they contact the Conservation District. Staff will coordinate with
the Conservation District on the letters. A second letter by Whatcom County will remind the
landowners of problems and will ask again that they contact the Conservation District. The
third letter will state that they have not heard from the property owners, it is the property
owners' responsibility to resolve the problems, and they must work on resolving the
problems. The final letter will have a two -week timeline. It will include contact information
so property owners can explain why they haven't participated. In addition to those three
letters, the Conservation District will contact the owners directly.
Brenner stated people can make mistakes. This amendment is not a big deal. It just
gives people another opportunity to respond.
Crawford stated the recE
examples in which problems we
county rights -of -way. This ame
burden. It allows a landowner
Allow the County to document a
!nt presentation from the Department of Ecology showed
re caused by massive rain events and plugged culverts in
ndment is not to change the
to respond to a letter that
landowner's side of the story.
process and creates no extra
threatens compliance action.
Kremen stated each of the three letters includes a phone number for the landowner
to call with an explanation. He doesn't understand why this extra step is necessary.
Whatcom County Council, 9/30/2014, Page 11
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Crawford stated it documents the County's response to the landowner's explanation.
Kremen stated include language in all three letters that invites landowners to contact
the County if they believe the apparent noncompliance is in error.
Gary Stoyka, Public Works Department, stated the reason for the letters is to get
landowners to allow the Conservation District to visit the property and to do an evaluation.
The Conservation District will report if there are no problems. The purpose of the letters
isn't to indicate that there is a code violation. Anyone who is actively working with the
Conservation District on a corrective action won't be subject to any kind of enforcement
deadline.
Crawford asked how the Conservation District funds farm plans.
Weimer stated the Conservation District has said they do the farm plans for free as
long as they have the money.
Crawford stated he's skeptical that the Conservation District is ready to fund as
many farm plan as this could produce. There are issues in most streams.
Brenner stated some people don't trust government, including her. She wants it in
writing, which is extremely important. It's little to ask. Stoyka stated they are working
with the Conservation District, which is nonregulatory and the best agency with the
expertise to evaluate these things.
Browne stated there are plenty of opportunities for landowners to explain their
situation. Adding a sixth contact opportunity won't make a difference.
Mann stated he agrees with Councilmember Kremen's suggestion to add language to
the letters that indicates that landowners should let them know of any explanations or
mitigating circumstances. It's important to get that information in the record. Requiring
the County staff to respond to any claims will add too much work, which isn't their role.
Their role is to refer to someone else to do that response. A 14 -day deadline is already in
the last letter. He's comfortable with the process as proposed.
Browne stated regulatory agencies don't normally call people to ask if they've
received the government's letter. This process does that twice.
The motion to amend failed by the following vote:
Ayes: Brenner and Crawford (2)
Nays: Mann, Browne, Buchanan, Weimer and Kremen (5)
Brenner asked if the letters will include an address in the body of the letter to which
people can send their explanations in writing. Stoyka stated they will.
The motion to approve the resolution as presented carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN DLR GROUP AND WHATCOM COUNTY FOR THE
PURPOSE OF PROVIDING FULL DESIGN SERVICES FOR THE CONDITIONAL
Whatcom County Council, 9/30/2014, Page 12
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USE PERMIT (CUP) FOR ESSENTIAL PUBLIC FACILITIES (EPF) PERMITTING
PROCESS FOR THE NEW ADULT CORRECTIONS FACILITY AND SHERIFF'S
OFFICE HEADQUARTERS, IN THE AMOUNT OF $825,887 (AB2014 -306A)
(9:39:10 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Brenner stated there are questions about considering more community meetings in
the County. The administration and consultant indicated that was a good idea. She's fine
with proceeding. The concerns that people have won't be addressed if they don't move
forward.
Weimer asked when the County will start talking about and planning for alternatives
to incarceration.
Tyler Schroeder, Executive's Office, stated they will further refine the system for
alternative programs in the jail as they move forward. Medical units will have different
capabilities. They haven't discussed internal jail operations and programs on the outside.
Chief of Corrections Wendy )ones is looking for opportunities to do those things. They are
specific to jail operations. Alternatives to jail incarceration will be considered as they put
together the jail use agreements with different jurisdictions. After construction and
operation, they will look at jail alternative programs. This contract includes 500 hours of
public outreach, including a number of different Council meetings and six community
meetings. This contract is about refining the jail plans and accomplishing engineering.
Weimer stated it sounds like there will be opportunity for discussing jail alternatives
at the community meetings, and the tax that the voters may approve could support those
alternatives. Schroeder stated that's correct.
Crawford stated not every county has done what Whatcom County has done already
to recognize and promote mental health solutions and other alternatives. There is already a
tremendous amount of support services, many of which are funded by Whatcom County
taxpayers.
Kremen stated Whatcom County is one of the best counties for offering incarceration
alternatives, but they could do better with treatment. He considered vetoing the mental
health sales tax when it passed because he was afraid that it would give the State a reason
to stop providing funding, which has happened. Instead of funding programs, the State
gave counties an option to raise taxes up to one -tenth of one percent, which is a small
fraction of money necessary to adequately address mental health problems in the county.
There is now a significant lack of money available to deal with mental health problems.
They need to get more clarity and assurance that a new jail will include robust programs
and resources to deal with the mental health system.
Louws stated he agrees with Councilmember Crawford. Whatcom County is doing a
tremendous amount of work already. They are implementing the mental health court at the
beginning of the year. His proposed budget includes money to augment capital funds for
the Sun Community House. They are spending more than $60,000 on the Irongate facility
to make that triage facility more available to a more diverse population. The County must
tell the community how much work the County departments are doing to help people from
repeatedly reentering the facility. Right now, before the new jail is constructed, there isn't
space to house many of the programs they want to create. The new jail will allow the
Whatcom County Council, 9/30/2014, Page 13
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County staff to interact with these individuals humanely and impact their treatment.
Regardless of whether the County has good programs, the current jail facility is failing and
they need a new jail.
Brenner stated she didn't vote for the tax for the exact same reason. It was
supposed to be for new programs only, but the Council added a clause that it can be used
for existing programs. If the County had not done that, it would have continued to get
more money from the State. The new jail design includes rooms specifically assigned to
classes and training.
Browne stated he has been an early supporter of the alternative court programs.
The current jail would not be able to withstand an earthquake. If nothing else, the County
must provide a safe environment for inmates and officers. He supports the resolution.
Buchanan stated the programs need to be specified. They need in- facility programs,
alternatives, and prevention. Incorporate all three of those things into programs.
Kremen stated they must invest in treatment. It's not an alternative to
incarceration, but will augment incarceration. When inmates are let go, they are free of the
chemical dependency problems that lead them to the incarceration in the first place. He
supports the new jail, and will continue to support it as long as it is cost - effective, not too
large, and is able to expand. Make the same commitment to treatment. The current jail
system isn't working, because 25 percent of the world population is incarcerated. Avert
recidivism. Prevent people from coming into the jail in the first place. He will reluctantly
support this money for jail consultants.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
3. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, FIFTEENTH
REQUEST, IN THE AMOUNT OF $349,100 (AB2014 -301) (9:59:45 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, Weimer and Kremen (7)
Nays: None (0)
4. RESOLUTION COMMENCING THE COORDINATED WATER SYSTEM PLAN
UPDATE PROCESS (AB2014 -253) (10:00:49 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the resolution. He moved to amend to reinstate item nine, "9.
Coordination, including identification of and provision for specific linkages, with other water
resources management efforts, including but not necessarily limited to the WRIA 1
Watershed Management Project, in order to assure efficient use of time and funding, to
avoid overlap and duplication of effort and consistency of use of parameters such as per
capita water use rates."
Whatcom County Council, 9/30/2014, Page 14
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The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Brenner stated she won't support the resolution. Adding number nine prevents
duplication, but this effort duplicates the work of groups who are already organized to work
on these issues. Also, the Planning Unit is set up for equal representation to all water
interests. This will give more representation to a certain water interest over others. This
excludes certain groups.
The motion to approve as amended carried by the following vote:
Ayes: Mann, Crawford, Browne, Buchanan, Weimer and Kremen (6)
Nays: Brenner (1)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND RH2 ENGINEERING, INC.,
FOR THE UPDATE OF THE WHATCOM COUNTY COORDINATED WATER
SYSTEM PLAN — REGIONAL SUPPLEMENT, IN THE AMOUNT OF $174,776
(AB2014 -267) (10:04:14 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Brenner stated the money could be better used on the water action plan and
Planning Unit, which represents all interests equally. It's not a small amount, and it's not
required by law.
The motion carried by the following vote:
Ayes: Crawford, Browne, Buchanan, Weimer and Kremen (5)
Nays: Brenner (1)
Absent: Mann (out of the room) (1)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
JOINT FUNDING AGREEMENT WITH UNITED STATES GEOLOGICAL SURVEY
FOR ONGOING OPERATION AND MAINTENANCE OF THE COUNTY'S SIX
STREAM GAGES WITHIN THE NOOKSACK RIVER EARLY FLOOD WARNING
SYSTEM, IN THE AMOUNT OF $91,410 (AB2014 -308) (10:05:22 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, Crawford, Browne, Buchanan, Weimer and Kremen (6)
Nays: None (0)
Absent: Mann (out of the room) (1)
7. RESOLUTION ACCEPTING PETITION AND POLL BOOK, ESTABLISHING
BOUNDARIES, OFFICIALLY NAMING, AND ORDERING AN ELECTION TO
DETERMINE FORMATION OF A PROPOSED IRRIGATION DISTRICT TO BE
Whatcom County Council, 9/30/2014, Page 15
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KNOWN AS THE DRAYTON WATERSHED IMPROVEMENT DISTRICT (AB2014-
224B) (10:05:58 PM)
Crawford moved to approve the resolution.
Brenner stated she is against the process. It is a controversy among farmers and
water users. It should have been done differently. This was proposed late. It will be
confusing because the ballots will go out the same time as the regular election ballots. The
purpose of a water district is to provide water from one place or another. They don't have
any probable source of water. People are afraid their water will be taken away.
Browne stated he spent a lot of time researching the watershed improvement district
(WID) process. The Council has no role in deciding whether or not the WIDs are a good
idea and whether or not they meet the water criterion. The Council role is very limited.
They only accept the petition, poll book, and boundaries.
Brenner stated they are supposed to list the probable source of water, but they
didn't do that. They can't bank without a probable source to bank from.
Browne stated the Revised Code of Washington (RCW) delegates the authority to
make that determination to the Department of Ecology, not the Council.
Brenner stated it's a legal issue. The Council has a right to know the probable
source of water. Ecology didn't really answer the question. Someone is going to legally
challenge these. She believes the Council has choices.
Weimer read the election dates. The election date is October 27, 2014. Voting will
take place by mail. Ballots must be hand delivered to the Council Office prior to 4:00 p.m.
on October 27, 2014, or mailed to the Clerk of the Council postmarked no later than
midnight on October 27, 2014. The County Council will meet on November 10, 2014 to
canvass the returns. These dates apply for all four WID elections.
The motion carried by the following vote:
Ayes: Mann, Crawford, Browne, Buchanan, Weimer and Kremen (6)
Nays: Brenner (1)
8. RESOLUTION ACCEPTING PETITION AND POLL BOOK, ESTABLISHING
BOUNDARIES, OFFICIALLY NAMING, AND ORDERING AN ELECTION TO
DETERMINE FORMATION OF A PROPOSED IRRIGATION DISTRICT TO BE
KNOWN AS THE LAUREL WATERSHED IMPROVEMENT DISTRICT (AB2014-
225B) (10:12 :06 PM)
Buchanan moved to approve the resolution.
Brenner stated her previous comments apply to all these items.
Crawford stated he supports all of these districts. The Chair of the Whatcom County
Republican Party affirmed that there is a concern about multiple elections going on at the
same time and the level of confusion that may result. He's disappointed they delayed two
weeks ago.
Whatcom County Council, 9/30/2014, Page 16
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The motion carried by the following vote:
Ayes: Mann, Crawford, Browne, Buchanan, Weimer and Kremen (6)
Nays: Brenner (1)
9. RESOLUTION ACCEPTING PETITION AND POLL BOOK, ESTABLISHING
BOUNDARIES, OFFICIALLY NAMING, AND ORDERING AN ELECTION TO
DETERMINE FORMATION OF A PROPOSED IRRIGATION DISTRICT TO BE
KNOWN AS THE SOUTH LYNDEN WATERSHED IMPROVEMENT DISTRICT
(AB2014 -226B) (10:14:03 PM)
Crawford moved to approve the resolution.
The motion carried by the following vote:
Ayes: Mann, Crawford, Browne, Buchanan, Weimer and Kremen (6)
Nays: Brenner (1)
10. RESOLUTION ACCEPTING PETITION AND POLL BOOK, ESTABLISHING
BOUNDARIES, OFFICIALLY NAMING, AND ORDERING AN ELECTION TO
DETERMINE FORMATION OF A PROPOSED IRRIGATION DISTRICT TO BE
KNOWN AS THE SUMAS WATERSHED IMPROVEMENT DISTRICT (AB2014-
227B) (10:14 :50 PM)
Mann moved to approve the resolution.
The motion carried by the following vote:
Ayes: Mann, Crawford, Browne, Buchanan, Weimer and Kremen (6)
Nays: Brenner (1)
COUNCIL APPOINTMENT TO BOARDS, COMMISSIONS, AND COMMITTEES
1. NOMINATION AND APPOINTMENT TO FILL A VACANCY ON THE
BOARD OF EQUALIZATION AS AN ALTERNATE - APPLICANT(S):
MATTHEW BURKE (AB2014 -302) (10:15:15 PM)
Browne moved to nominate and appoint Matthew Burke.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
INTRODUCTION ITEMS
Crawford moved to accept the Introduction Items.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
1. ORDINANCE AMENDING ORDINANCE NO. 2013 -003 (THIRD AMENDMENT)
TO ESTABLISH A PROJECT FUND FOR THE NEW JAIL PROJECT 2013 -2014
(AB2014 -306B)
Whatcom County Council, 9/30/2014, Page 17
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2. ORDINANCE ALLOWING MARIJUANA PRODUCTION, PROCESSING AND
RETAILING, ON AN INTERIM BASIS, AS AUTHORIZED BY WASHINGTON
STATE INITIATIVE 502 (AB2014 -074D)
3. RESOLUTION AUTHORIZING THE SALE OF TAX TITLE PROPERTY BY
NEGOTIATION, REQUEST #2014 -01 (AB2014 -314A)
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
(10:16:24 PM)
Crawford reported that the Executive will work on a resolution to start a process to
remodel Girard Street property.
Brenner reported for the Public Works, Health, and Safety Committee regarding the
update on activities of the East Whatcom Coalition for Safe and Healthy
Communities (AB2014 -315) and the presentation regarding Puget Sound Energy's
battery storage project in Glacier (AB2014 -304).
Buchanan reported for the Natural Resources Committee regarding the discussion
regarding the use of flood funds for Water Action Plan work (AB2014- 0678).
Brenner reported that the Whatcom County Granges are presenting Charter Review
Information night.
Browne stated there is a candidate debate at the Building Industry Association
tomorrow night.
Weimer reported the vacancy on the Planning Commission.
ADJOURN
The meeting adjourned at 10:22 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, 9/30/2014, Page 18