HomeMy WebLinkAboutCouncil April 9 20131
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WHATCOM COUNTY COUNCIL
Regular County Council
April 9, 2013
CALL TO ORDER
Council Chair Kathy Kershner 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, Bill Knutzen, Kathy
Kershner, Carl Weimer and Pete Kremen.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
There were no announcements.
MINUTES CONSENT
Brenner moved to approve the Minutes Consent items one through three.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. SPECIAL COMMITTEE OF THE WHOLE FOR MARCH 12, 2013
2. REGULAR COUNTY COUNCIL FOR MARCH 12, 2013
3. SURFACE WATER WORK SESSION FOR MARCH 19, 2013
PUBLIC HEARINGS
1. ORDINANCE AMENDING THE WHATCOM COUNTY AGRICULTURE PURCHASE
OF DEVELOPMENT RIGHTS PROGRAM APPLICATION PROCEDURES AND
GUIDELINES (AB2013 -115)
Samya Lutz, Planning and Development Services Department, gave a staff report.
Kershner opened the public hearing, and the following people spoke.
Whatcom County Council, 4/9/2013, Page 1
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Jack Petree stated encumbrances on the agriculturally -zoned acres inside the urban
growth areas violates the Growth Management Act. Remove the acres inside the urban
growth areas from this ordinance.
Brenner stated she thought they weren't in violation because they have a transfer of
development rights (TDR) program. Petree stated he thought this had to do with parcel
reconfiguration.
Crawford stated this hearing is not on parcel reconfiguration.
Petree stated that if PDR or TDR apply within UGAs, they're not legal unless the cities
and County establish a program together.
Henry Bierlink, Whatcom Farm Friends, stated County staff and the Purchase of
Development Rights Advisory Committee have worked hard to find creative ways to apply
this tool, which is the best tool they have. Keep adding more tools for agricultural
protection. This tool isn't perfect, but has accomplished good things. Listen to the PDR
Advisory Committee and consider its recommendations.
Hearing no one else, Kershner closed the public hearing.
Knutzen moved to refer the ordinance to the Agricultural Advisory Board to review
proposed changes and make any recommendations to make the program more successful.
Brenner stated she supports the motion.
Lutz stated the Purchase of Development Rights Oversight Advisory Committee
discussed the proposal. The County's Agricultural Advisory Committee also discussed parts
of it. The Agricultural Advisory Committee is the primary author of the agricultural strategic
plan, which lists the purchase of development rights program. There are liaison advisory
committee members who attend both advisory committee meetings. The Agricultural
Advisory Committee members who attended the PDR Oversight Advisory Committee support
this. This proposal doesn't preclude more creative ways of being developed. The PDR
Oversight Committee wants to work closely with the Agricultural Advisory Committee on
finding more creative ways for development. Given the wording of the current code and
program guidelines, there is not an opportunity to be more creative in targeting those core
agricultural lands or for staff to do the research to go in that direction. The guidelines are
specific about how the program is followed. To improve the program, making these
changes will allow them to have the discussion and spend time on making those
improvements. The changes aren't substantial. Any specific program for targeting
agricultural lands would come to the Council for approval. It's a program the Agricultural
Advisory Committee would want to develop.
Brenner stated the council requested these changes. She doesn't have a problem
referring it to the Agricultural Advisory Committee also, but she's pleased with this.
Knutzen stated he's heard suggestions from Agricultural Advisory Committee
members who want to discuss this.
Crawford stated he doesn't support the motion. The appropriate time to have raised
it would have been when the council had all its meetings with Ms. Lutz and went through
this process step -by -step, not at the night of the hearing. This is one small tool. He is
Whatcom County Council, 4/9/2013, Page 2
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confident in the PDR Oversight Committee, which reviewed this. Change is good. This may
improve the program.
Knutzen stated he would be more comfortable if the agricultural community weighed
in on this. It's unfortunate that he didn't hear from them until the past two weeks.
Weimer stated he is against the motion. This has been discussed in the Natural
Resources Committee a couple of times. He hasn't received any direct concerns about it.
There is enough cross - pollinization between both committees. He's surprised that they
haven't heard about concerns before tonight, when the council is ready to vote.
Kershner stated the public hearing would have been an opportunity for someone
from the Agricultural Advisory Committee to let the council know that it wants to discuss
this item in their committee. She hasn't seen anything about their concerns, so she's
reluctant to support the motion. This is a step forward in the PDR program.
Brenner stated it's a step forward, but it's not a big deal to allow the Agricultural
Advisory Committee a couple of weeks to review the item, out of respect. She expects
them to be happy with the proposal, but it's a show of respect to let them review it.
Mann stated he agrees that they value the Agricultural Advisory Committee, but he
hasn't heard anything from them. This makes the process more flexible. The council would
send them any substantive changes to the program. This is not very substantive. It was
done in concert with them all along.
Kremen stated the Agricultural Advisory Committee may provide recommendations
on any thing at any time. However, he agrees that the council should allow the advisory
committee to review the item, out of respect for the committee members.
Kershner asked when the Agricultural Advisory Committee meets again.
Mark Personius, Planning and Development Services Department, stated the next
meeting is tomorrow, but that agenda is set. This will not be on the agenda for tomorrow.
Their last meeting of the year is in mid -May. Staff are trying to move forward with a
request for proposals (RFP) to explore the alternative approach to PDRs, which they can't do
without this enabling language. That would be delayed by a couple of months.
Brenner stated she appreciates the comments, but doesn't agree that they are an
advisory committee. Staff can bring it to them and ask for a recommendation. The Council
is asking, and time is critical. She would like the committee to review it at the meeting
tomorrow. Personius stated their agenda for tomorrow is full. It's not fair to staff or the
committee members to drop it in their lap with one day's notice. They can schedule it at
the May meeting. If the Council approves this tonight, staff would be happy to refer it to
them at their May meeting and ask for additional comments. That would keep the PDR
Oversight Committee work moving forward.
Brenner stated she doesn't believe that no one on the Agricultural Advisory
Committee doesn't know about this, and she would like the committee to weigh in. This is
what they do.
Kremen stated he disagrees with Mr. Personius that it's impossible to bring this issue
up to the Agricultural Advisory Committee tomorrow, without having a meaningful
discussion. He asked if the Council can wait two weeks and still meet the deadline
Whatcom County Council, 4/9/2013, Page 3
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regarding the RFP. Personius stated the PDR Oversight Committee will move forward with
putting together the RFP to explore this alternative way of putting together the PDR
program. It can't do that without these changes to the guidelines. If not approved, the
PDR Oversight Committee will be put on hold until the Council approves these regulations.
Tomorrow, the Assessor will talk to the committee about the open space program and
designated agricultural land program, which will take up one hour of the two -hour meeting.
Staff needs the committee to approve other things tomorrow. He doesn't know if they've
seen this proposal. If they have seen it, he wished they would have come forward at the
public hearing.
Knutzen asked if the Council could vote on this, and schedule it at their May
meeting. Personius stated that would be no problem.
Knutzen withdrew his motion to refer to the Agricultural Advisory Committee.
Weimer moved to adopt the ordinance.
Knutzen stated he would like this ordinance to be scheduled on the Agricultural
Advisory Committee's May meeting agenda.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
OPEN SESSION
The following people spoke:
• Richard Hunt submitted and read from a handout (on file) about the effects of
the Hannegan Speedway impacts to property value.
Brenner stated the Executive is working on this problem and suggested that Mr. Hunt
check with the Executive's Office.
• Greg Brown spoke about Introduction Item three, the ordinance amending
Ordinance 2012 -048 in the matter of the adoption of the final budget
of Whatcom County for the biennium 2013 -2014 and restricting the
expenditure of certain funds therein (AB2013 -144).
• Jack Petree spoke about his appeal of the Lake Whatcom reconveyance
resolution.
• Lorraine Newman spoke about the proposed ordinance regarding packing
houses.
• Kris Halterman spoke about the proposed packing facility, aquatic invasive
species, and the total maximum daily load (TMDL) report.
• Ben Elenbaas spoke about the proposed packing house ordinance.
• Carole Perry spoke about parcel reconfiguration.
CONSENT AGENDA
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda Items one through three.
Whatcom County Council, 4/9/2013, Page 4
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The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD
CONSTRUCTION CONTRACT BID #13 -27 FOR 2013 HOT MIX ASPHALT
PRELEVEL AT VARIOUS LOCATIONS TO THE LOWEST BIDDER, WHATCOM
BUILDERS, INC., IN THE AMOUNT OF $1,036,293.25 (AB2013 -138)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AWARD BID
#13 -19 TO THE LOW BIDDER, GRAINGER, FOR JANITORIAL SUPPLIES, IN
THE APPROXIMATE ANNUAL AMOUNT OF $39,633.02 (AB2013 -139)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ACCEPT ALL BIDS FOR
THE ANNUAL SUPPLY OF QUARRY ROCK, GRAVEL AND OTHER MATERIALS
FOR USE AS NEEDED FOR VARIOUS COUNTY MAINTENANCE PROJECTS, AND
SELECT THE APPROPRIATE VENDOR AS DICTATED BY THE SPECIAL
CIRCUMSTANCES OF EACH PARTICULAR JOB, IN AN AMOUNT TO EXCEED
$35,000 (AB2013 -140)
OTHER ITEMS
1. ORDINANCE AMENDING WCC CHAPTER 3.37.070 CHEMICAL
DEPENDENCY /MENTAL HEALTH PROGRAM FUND OVERSIGHT ADVISORY
COMMITTEE (AB2013 -130)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
Brenner stated this is duplicative of an advisory committee that already exists. She
doesn't support it. They don't need it. If they want to set up a smaller number of people to
talk about funding, then the Behavioral Health Advisory Committee can establish its own
subcommittee. The purpose of this ordinance was done for reasons other than setting up a
fund advisory committee. The Mental Health Advisory Committee and the Substance Abuse
Advisory Committee were combined to form the Behavioral Health Advisory Committee
Crawford stated the ordinance is about another committee called the Behavioral
Health Revenue Advisory Committee (BHRAC)
Mann stated there are two committees with similar names and do similar things.
There aren't any ulterior motives or attempts to circumvent the council regarding funding.
This is meant to streamline the recommendation process. This isn't about supporting big
projects outside the council.
Crawford stated he has some concerns about this. They took a unilateral vote on a
housing project downtown that was not on their agenda last week. He will support the
ordinance. If the council wants to change it, look at the whole picture. This simply changes
the name of combining the two committees in this ordinance that establishes the financial
committee. If they want to eliminate, change, or combine the financial committee, staff
would have to bring forward a new ordinance.
Whatcom County Council, 4/9/2013, Page 5
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Brenner stated this doesn't streamline anything. It is more confusing. Two different
committees will have competing recommendations. One can't recommend projects, but not
funding, and vice versa. They're part of the same thing. This is the time to make the
changes. Before, the funding advisory committee was a subcommittee of the committee.
This will be a completely different committee with ten people on it.
Crawford stated this only changes the reference in the financial committee's
ordinance to update the new name of the combined committees. This ordinance doesn't
make any new committee. If they want to change the whole process for how decisions are
made on the mental health sales tax, they have to bring forward a new ordinance to
eliminate or combine this committee. This ordinances doesn't combine any committees or
create a board of ten. That board already exists.
Brenner stated they can vote against this ordinance and request an ordinance that
eliminates it. That's what she wants.
Crawford stated they can vote for this ordinance, and do the same thing.
Brenner asked why the council would vote for this ordinance.
Crawford stated this ordinance fixes an incorrect reference in the current code. It
refers to the Mental Health Advisory Board and Substance Abuse Advisory Board, both of
which no longer exists. It does refer to the behavioral health advisory board, which now
does exist.
Knutzen stated he would like to have a councilmember on this committee. In its
current form, he can't support the ordinance.
Brenner stated she would be on the committee. If she had know what they were
going to discuss at the last meeting, she would have been there even though she isn't a
member, but it wasn't on the agenda.
Brenner moved to refer this ordinance to the Finance Committee. The number of
committee members should be odd, not even.
Weimer stated it was explained this morning that the committee went from eleven
members to ten members. There used to be two committees, the Mental Health Advisory
Board and the Substance Abuse Advisory Board. One member of each of those committees
was a member of this committee. Now, those two committees have combined into one
committee, with one member on this committee. Someone on the new Behavioral Health
Advisory Committee can be appointed to this committee.
Brenner stated looked closely, and it didn't look like she could be on this.
Mann suggested a friendly amendment that the ordinance be referred to the
Public Works, Health, and Safety Committee.
Brenner accepted the friendly amendment.
The motion carried by the following vote:
Ayes: Brenner, Knutzen, Mann and Kershner (4)
Nays: Crawford, Kremen and Weimer (3)
Whatcom County Council, 4/9/2013, Page 6
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Kremen stated he is concerned because of all the time spent discussing this in
committee today. All the questions were addressed. This issue was discussed today at
length. The issue was referred to the full Council with a unanimous vote. Just because
there was misleading or erroneous information brought up this evening, they have derailed
all of today's work. They've been talking about wasting time and putting things off. This is
a glaring example of how not to run a government.
Kershner moved to reconsider the vote to refer to committee.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Weimer and Kershner (4)
Nays: Brenner, Knutzen and Mann (3)
Kershner moved to adopt the ordinance. She did not attend the committee
meeting this morning. She respects the work done during those meetings. She understood
that the vote to refer back to committee would be unanimous. She is changing her mind
and moving it forward.
Brenner stated the name of this committee is not the same as the Behavioral Health
Committee. It has a totally different name. This is the kind of committee in which things
will go, if they don't want it to go to the Behavioral Health Advisory Committee. It's
duplicative and less efficient. Councilmember Kershner wasn't at the committee, and should
give it two weeks rather than changing her mind because someone said something
different.
Kershner stated she didn't have a problem with the ordinance, but thought the
council's sentiment was to refer it back to committee, and she wasn't opposed to that
either. This is one step forward in making a simpler process. If Councilmember Brenner
wants to make it even better, she can take the next step forward. This is simply to fix
something in the code that doesn't work.
Knutzen stated all they're asking is that there be a council representative on this
committee. It's a fair request. He has no problem sending this back to committee. Amend
the ordinance to allow a councilmember on the committee.
Kremen stated that when the council established this committee, no councilmember
expressed an interest in a member of the County Council being on this committee. A
councilmember now believes this committee should include a member of the County
Council, which he doesn't object to.
Brenner stated she has realized that the advisory committee took a vote to
recommend something to the County Council, which wasn't on the advisory committee's
agenda.
The motion to adopt the ordinance carried by the following vote:
Ayes: Kremen, Crawford, Weimer, Mann and Kershner (5)
Nays: Brenner and Knutzen (2)
2. REQUEST APPROVAL TO TERMINATE A DEVELOPMENT AGREEMENT
BETWEEN WHATCOM COUNTY AND CAITAC USA CORP., AS AGREED TO BY
BOTH PARTIES (AB2013 -135)
Whatcom County Council, 4/9/2013, Page 7
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Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
3. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
ROBERT WUNSCHEL TO THE AMERICAN'S WITH DISABILITIES ACT (ADA)
COMPLIANCE COMMITTEE (AB2013 -141)
Brenner moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Knutzen reported for the Planning and Development Committee on its discussion
regarding a proposed ordinance amending the Whatcom County Code to allow
packinghouses in the Agriculture Zoning District (AB2012- 300B). This item is held
in committee for another month.
Knutzen reported for the Planning and Development Committee on its discussion
regarding a proposed ordinance amending the Whatcom County Code to allow
agriculture parcel reconfiguration and related changes affecting the Agriculture
Zone as approved by Council Resolution No. 2011 -023 (AB2013 -128). The
committee gave staff direction on moving forward.
Brenner reported for the Public Works, Health, and Safety Committee on its
discussion regarding the potential purchase of 28 acres in Everson for a
conservation and storm water project with a recreational overlay (County would
assist with purchase, Everson would develop, maintain, and operate) (AB2013-
134). The five councilmembers who attended the committee meeting indicated that they
would like the Executive to move forward.
INTRODUCTION ITEMS
Mann moved to accept Introduction Items one through six.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. ORDINANCE AMENDING THE 2013 WHATCOM COUNTY BUDGET, FIFTH
REQUEST, IN THE AMOUNT OF $150,533 (AB2013 -142)
2. ORDINANCE AMENDING THE 2013 WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BUDGET, FIRST REQUEST, IN THE AMOUNT OF $1,124,550
Whatcom County Council, 4/9/2013, Page 8
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(AB2013 -143) (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD
CONTROL ZONE DISTRICT BOARD OF SUPERVISORS)
3. ORDINANCE AMENDING ORDINANCE 2012 -048 IN THE MATTER OF THE
ADOPTION OF THE FINAL BUDGET OF WHATCOM COUNTY FOR THE
BIENNIUM 2013 -2014 AND RESTRICTING THE EXPENDITURE OF CERTAIN
FUNDS THEREIN (AB2013 -144)
4. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.27A, AQUATIC
INVASIVE SPECIES (AB2013 -145)
5. ORDINANCE AMENDING THE WHATCOM COUNTY UNIFIED FEE SCHEDULE TO
INCLUDE AQUATIC INVASIVE SPECIES INSPECTION FEES (AB2013 -146)
6. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 1.14,
ELECTORAL PRECINCTS, TO CHANGE CERTAIN VOTING PRECINCT
BOUNDARIES IN WHATCOM COUNTY (AB2013 -147)
OTHER BUSINESS
Kershner stated the Lummi Island Ferry Advisory Committee is doing good work.
They are looking for direction and support from the County Council. She asked
councilmembers to plan to discuss plans for the advisory committee at the next meeting.
She wants to make sure the work they're doing is helpful and useful to the council and
Public Works Department.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Kremen reported that he attended the Legislative Steering Committee in Olympia
last Thursday. The Senate coalition budget, which was released recently, is a good
document compared to what most local governments were concerned about. The council
wrote and sent to Olympia a letter about shared revenues. The Senate coalition budget did
not reduce shared revenues, which is really good for counties and all local governments.
There are some concerns, but the financial impacts to Whatcom County and all counties are
better than they expected. The Senate budget restored half the reduction for the liquor tax
to cities and counties. There is still an effort to make them 100 percent whole. The House
budget will be released tomorrow. He understands that unless the Senate is willing to
accept revenue enhancements in the form of tax increases or closes tax loopholes, the
House will not approve the budget. In general, the Washington State Association of
Counties (WSAC) Legislative Steering Committee is positive about the status.
He also reported that the dedication for the Dee West Wing at the East Whatcom
Regional Resource Center was held last week. The dedication ceremony was filled to
capacity. The entire community honored Dee West, who was with the Opportunity Council
for many years and was instrumental in making the lives of young people throughout
Whatcom County better. It was gratifying to see the facility used as it is.
Brenner reported that she attended a conference on tribal issues, specifically the
issue of fee to trust land. Whatcom County and all the small cities oppose putting 80 acres
at Slater Road into trust land. The conference provided extremely relevant information,
including comments from an attorney who had argued before the Supreme Court. It was
encouraging that there is another point of view about what they can and can't do.
Whatcom County Council, 4/9/2013, Page 9
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Mann reported that he met with Ferndale District 7 firefighters about ongoing
negotiations regarding the Medic One agreement, which ends at the end of this year. The
council hasn't had a recent update on that committee and the status of negotiations. If
Medic One doesn't continue as a unified system at the end of this year, the council needs an
update from the Executive.
Weimer reported he attended a ceremony last week in Anacortes with the Secretary
of Interior and the local Congressional delegation to celebrate the new San Juan Island
national monument that is partially in Whatcom County.
Brenner stated the City of Bellingham also opposes putting land at Slater Road into
trust status.
ADJOURN
The meeting adjourned at 8:25 p.m.
The Council approved these minutes on April 23, 2013.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council@�omhatcomma.us
Whatcom County Council, 4/9/2013, Page 10