HomeMy WebLinkAboutCouncil April 23 20131
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WHATCOM COUNTY COUNCIL
Regular County Council
April 23, 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
(7: 01: 01 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy
Kershner and Carl Weimer.
Absent: Pete Kremen.
FLAG SALUTE
ANNOUNCEMENTS
There were no announcements.
MINUTES CONSENT
Brenner moved to approve the Minutes Consent items.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
1. COMMITTEE OF THE WHOLE FOR MARCH 26, 2013
2. REGULAR COUNTY COUNCIL FOR MARCH 26, 2013
3. BOARD OF HEALTH FOR APRIL 2, 2013
4. REGULAR COUNTY COUNCIL FOR APRIL 9, 2013
PUBLIC HEARINGS
1. 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) (7:02:39 PM)
Whatcom County Council, 4/23/2013, Page 1
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Jack Louws, County Executive, gave a staff report and stated he submits substitute
language (on file) for the Council to consider tonight.
Kershner opened the public hearing, and the following people spoke:
Ellen Baker submitted and read from a handout (on file) and stated don't give up the
power to control the government purse. Maintain the balance of power. Reject the
amendment.
Karen Brown stated don't approve the ordinance. Leave the authority to the Council.
The Council is part of the check and balance system.
Hearing no one else, Kershner closed the public hearing.
Crawford moved to adopt the ordinance with the amendment presented by the
Executive, "(D) Administration of the budget is the responsibility of the County Executive
and therefore the County Executive is authorized to manage County budgets. The County
Executive may 43-y transferfk -rg appropriation authority between departments within the
General Fund and eest eenteFs within etheF Geunty funds, if authorized by the County
Council.
Brenner stated the Executive said he would come back if the change isn't consistent
with the Charter. The change the Council made is consistent with the Charter. The reason
given for this change now is that the process is burdensome, but it's appropriate to maintain
a check and balance even if it's burdensome. Efficiency isn't everything. Make sure things
don't happen intentionally or inadvertently. She has a problem with shuffling money
without it coming to the Council. She understands there are lots of little things, and is open
to language that accommodates that. Cost centers are big things. There are broad funds
with lots of cost centers. The amendment is better than what was initially proposed, but
still allows major changes without Council authority.
Weimer asked if the proposed language takes away the Executive's authority to
move cost centers. Louws stated he has the authority to make those changes given his
ability to manage the budget as the administrative authority of Whatcom County.
Weimer stated he supports the amendment.
Mann stated he supports the amendment in its current form. This amendment is
much different from the original version proposed. The annual budget doesn't even have a
cost center layer. He doesn't need to see that detail. He does want to maintain
appropriation authority.
Brenner stated an example is moving funds in cost centers within the road fund from
new construction to repaving another road. Those things shouldn't happen. Louws stated
the Executive can't spend anything over the contract limits set by Council. If money is
transferred from one cost center to another, there has to be a corresponding contract and
Council approval for the expenditure of that money. It would be very difficult for the
administration to go rogue on the dollars it has. There is a tremendous amount of checks
and balances. The Council will have department authority, which it hasn't had for years.
He has no problem with that. The administration doesn't have authority to move around
thousands of dollars to do with what it wants.
Whatcom County Council, 4/23/2013, Page 2
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Brenner stated the Council won't notice if the administration spends less, and the
extra money is put elsewhere. The Executive could tell the Council if the administration has
money elsewhere. The Council doesn't have the same daily scrutiny of the budget that the
Executive has. Leave it the way it is, or come up with better language. With this language,
big movements can still happen.
Kershner asked for an example of a transfer from one cost center to another.
Brenner stated there will be plenty of minutia, but it's about more than the minutia.
Louws stated an example is funds transferred in the Sheriff's Office from office and
operating supplies in the amount of $11,621,62, transferred to a fund for small tools and
equipment. This was for a boat repair. It's an example of shifting money between accounts
to be able to take care of operations within a department.
Kershner asked the cost of an average cost center transfer, and how high that
amount can get. Louws stated it could be as high as a few hundred thousand, if the Council
approves a contract for a project, and the administration takes money from a reserve
account and puts into a project -based budget.
Brad Bennett, Administrative Services Department, stated most transfer amounts are
small. For example, there may be salary money left over from a staff person who has
retired, and that money can be moved to pay for another item that comes up instead of
asking for a supplemental request.
Kershner asked if there is a reconciliation process at the end of the year or biennium
that shows how much was budgeted and how much was spent. Bennett stated departments
create a budget six months before the biennium starts, and then begin to execute the
budget. If there is a purchase order request, the administration looks into the cost center
to make sure the money for the purchase is in the cost center. Things can change, and
some money isn't spent while new needs come up. The departments will transfer money
between the line items to accomplish their mission within the amount of money the Council
allocated to the department. The budget control mechanism is to check and see if there is
money in the line item for the need. If there isn't, the department must submit a
supplemental budget request or find the money elsewhere within the existing budget. Now,
these cost centers will come to the Council for approval. He is asking to regain the
authority he had until the end of last year. Grant the administration authority to do those
internal transfers, which are based on the approval of the Council's budget. They are all
backed up by contracts. The checks and balances remain in the budget ordinance.
Brenner stated she found $1.5 million that was put where it wasn't supposed to be.
She understands a lot of it will be minutia. Some things will also be significant. It's
important for the Council to have a second look at it.
Mann asked if Councilmember Brenner would accept a quarterly report of all cost
center adjustments.
Brenner stated that would be fine.
Louws stated the Finance Division can generate a report for the Council.
Brenner moved to add language, "This will not include cost centers as long as the
Council gets a quarterly report of all cost center movement."
Whatcom County Council, 4/23/2013, Page 3
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Kershner suggested a friendly amendment, "The Council will receive a quarterly
report of all cost center transfers."
Brenner accepted the friendly amendment.
Kershner stated it would be up to the Executive when the Council would receive the
reports, as long as the Council receives reports four times per year. The Executive can send
one hard copy of the report to the Council Office, and then email the report to all
councilmembers.
Crawford accepted the language as a friendly amendment to his original
motion to approve with amendments.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
2. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.27A, AQUATIC
INVASIVE SPECIES (AB2013 -145) (7:31 :29 PM)
Chris Brueske, Public Works Department, gave a staff report.
Kershner opened the public hearing, and, hearing no one, the following people
spoke:
Joan Ellsworth stated she supports including Lake Samish in the ordinance because
the water in the lake is the only source of water for the residents. Also, she is concerned
about additional boat use coming from Lake Whatcom due to the new program. Be
prepared for the invasive species.
Wolfgang Schlager stated the fees may discourage boats from coming to Lake
Whatcom, which may result in higher inspection fees in the future, until only privileged
people can afford to put a boat into the lake. It's possible for mussels to appear in a lake
without any human interaction. The mussels can travel from one water body to another
through migration.
Betsy Brinson stated this is not a well- thought out plan, but the purpose is not to
ban power boats from the lake. Small boats are most likely to spend time in other bodies of
water. Don't exempt them. There is no exemption for boats that don't leave Lake
Whatcom. This is a tax on motorized watercraft, not a plan to prevent invasive species.
She is also concerned that fees will continue to go up and be passed on to the boaters.
Boaters are already paying a large share of money for the ability to use the lake.
Coordinate the plan better with the City of Bellingham. Don't adopt the ordinance in haste.
Dan Dahlgren stated he understands the objective of the ordinance, but questions
the program. He understands that they will collect fees this year, but not begin inspections
for two more years. He wants to know what exactly an inspector will do. Work out the
details first. This is just another form of taxation. He is opposed to the ordinance as it is
now.
Whatcom County Council, 4/23/2013, Page 4
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Joe Boyd, Borderline Bassin' Contenders, stated the program was planned hastily.
He paid his fee and had his inspection. He is a member of a bass fishing club, which has
limited its event to 25 participants. He wants to know why this program begins on April 27.
Their event had to pay $94 to the State for this tournament. There are ten tournaments
scheduled through October for boats coming all over the State. They charge a $100 fee for
participation in a tournament, 80 percent of which is returned in award money. He
contacted the Public Works Department about his tournament, but hasn't heard anything
back. Fishing season runs through October 31, but the program ends in September. They
also have to pay for a Discovery Pass to park at Lake Terrell.
Greg Brown stated this is out of control. Don't move ahead without accepting the
real motives.
(7:46:22 PM)
Wendy Harris stated most communities don't have the privilege of recreational
boating on someone's water supply. She reluctantly supports the ordinance because it does
something, but it doesn't do enough. Securing safe water is more important for the future
than recreational use of the lake. She prefers there be no boats on Lake Whatcom.
Development and shoreline modification and recreational use are two things that cause
invasive species. Focus on development and shoreline modification. The ordinance doesn't
include seaplanes. When a water body is already infested, it creates a greater risk of
spreading invasive species from one end of the lake to another. They aren't dealing with
the current infestation. If people knew the true cost to control the clams already in the
lake, they would take a more serious look at this proposal. Go much further to protect
drinking water.
Bob Harriman, Borderline Bassin' Contenders Legislative Liaison, stated the County
and the City are not prepared for this. Olympia is having a hard time passing its invasive
species act. For example, it's not possible to clean and dry an entire anchor rope length.
The State owns the water, not the City of Bellingham. His club has worked on protection for
many years. He's been describing these problems all along, but the City did not pay
attention. The boat trailer licenses include a fee for aquatic invasive species, which sits in a
trust fund. It's against the law to charge for the same thing twice. The discovery pass fee
is required to park. Other fees are also collected. He is not in favor of the program as it is.
The fee amounts are higher than in other states.
Hearing no one else, Kershner closed the public hearing.
Weimer moved to adopt the ordinance.
Brenner stated she agrees with having a fee system. This was done poorly. Many
things weren't covered, such as a one -time charge for people who keep their boats on Lake
Whatcom. Clams are commonly dumped from aquariums, but zebra mussels aren't. They
were told by staff that infestation isn't likely to happen from waterfowl. All boats should be
checked. She likes the idea of having a class. This doesn't get at what they're trying to do.
She can't support it the way it is.
Knutzen stated he heard the bass club issues have been taken care of.
Laurel Baldwin, Noxious Weed Board Coordinator, stated she heard that the City of
Bellingham offered the club participants a $5 day pass on the day of the event.
Whatcom County Council, 4/23/2013, Page 5
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Brenner stated the bass club has paid through the State and filled out a report about
aquatic invasive species, so they should also be exempted. Work with this and other clubs
about setting up classes. Give respect to the people who have done the work and have a
proven track record.
Crawford stated he supports the motion. There is speculation about what could be
wrong with the program, but they are in a tough situation because of time. The County is
cornered into doing a program that mirrors what the City is doing. The City and County
share responsibility for the lake. They need to work together. He hopes that the Joint Lake
Whatcom meeting of the councils will have this on the next agenda. He prefers to require
some level of licensing that reflects an inspection regimen for the smaller craft. He's
somewhat concerned that they are subsidizing a program that will become a legacy
program, incurring ongoing costs that grow over time. Concerns about increasing fees are
well- founded. However, they have a problem in the lake with Asian clams. These types of
mollusks have been proven to be transferred on boats. Boats are a primary mode of
transportation. The County and City aren't the only municipalities dealing with this. Most
jurisdictions with lakes are dealing with this. Even though this isn't as refined or inclusive
as he likes, he supports the program. The program in 2013 will be a test program.
Knutzen stated he agrees with Councilmember Crawford. He reluctantly will support
the ordinance. He has concerns that this will create long waits for boaters. There aren't
very many other options. The City rushed into this. He wants to make sure that staff
follows through with the bass club entry fees. Review this again next year in the Joint Lake
Whatcom meeting.
Mann stated this is a real threat. It's not made up to keep boats off the lake. It
would be irresponsible to not do anything. The County spent last summer collecting data,
and will continue to refine the process. They can make changes to the program as
necessary. The City didn't force the County into this. He supports expanding the program
to smaller boats. He is also not opposed to subsidizing this inspection program. The fees
don't have to cover the cost of the program. The County subsidizes all kinds of recreational
opportunities. It's unfortunate if a bird can bring quagga mussels from Lake Mead, but the
County doesn't have control over that. The County does have control of the boats that
come to Lake Whatcom. Reevaluate the program next year to include all the boats. He
would support a fee reduction this year until they can include all the boats.
Kershner asked for an update on the State legislation. Brueske stated the program
passed the Senate and House, and is before the Governor for signature. He described the
State legislation related to aquatic invasive species. There is a large program on paper that
addresses this. The Department Fish and Wildlife will write a Washington Administrative
Code (WAC).
Brenner stated make the changes they all want to see right now. She moved to
amend to add a one -time charge for any boat that is only on Lake Whatcom.
Kershner asked how they enforce it.
Brenner stated the Sheriff's Office will drive around and stop anyone. It's about
trusting people.
Brenner restated her motion to amend section 2.27A.050(D)(iii), to add a one-
time charge for any boat that is only on Lake Whatcom. Have staff make the change in the
appropriate section and come back in two weeks.
Whatcom County Council, 4/23/2013, Page 6
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Kershner asked Public Works staff how that would work. Brueske stated they would
have to discuss enforcement in committee. He doesn't know how to document that a boat
has never left Lake Whatcom. It might create a problem with the Sheriff.
Brenner stated they can't inspect a whole boat, so they can't document that an
infestation isn't in a boat. At some point, they must start with trusting people.
Mann stated he's not opposed to the plan. With a one -time fee, everyone would still
have to pay this year. Implement the program and grant an exemption for boats who don't
leave the lake as a part of the follow -up revisions.
Weimer stated he agrees with Councilmember Mann that everyone would have to
pay this year. He asked if the Council can amend this ordinance this year, even if the
ordinance is adopted this evening. There is reason to do this sooner than later. Brueske
stated there is no restriction to how often they can amend the ordinance.
Weimer stated that would be his preference.
Kershner stated she supports Councilmember Weimer's suggestion of bringing it up
soon with more thoughtful discussion.
The motion failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Knutzen, Kershner and Weimer (5)
Absent: Kremen (1)
Brenner moved to allow legitimate organizations that the Council knows about and
that have worked with the State to fill out the State form should have an event exemption.
Knutzen stated more thought needs to be put into this, and establish a group
discount for a group inspection. Try to address these issues in two weeks.
The motion failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Knutzen, Kershner and Weimer (5)
Absent: Kremen (1)
(8:20:43 PM)
Brenner moved to have a fee for all boats, not just motor boats. Create a
graduated fee schedule for all boats depending on the difficulty of inspection. If it's
necessary to adopt it tonight, adopt it as an emergency ordinance. The whole purpose of a
hearing is for the Council to take in information and come up with a final draft for adoption.
Mann stated he needs more information.
Brenner stated that's why it should go into committee.
Knutzen stated they should have dealt with this at the committee meeting today. He
is concerned that the City is going to start enforcing this on April 27. Boat launches are on
Lake Whatcom, both in the city and in the county. He asked if there will be two different
enforcements on different portions of the lake.
Whatcom County Council, 4/23/2013, Page 7
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Brenner stated the County would not do any enforcement until it adopts something.
The motion failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Knutzen, Kershner and Weimer (5)
Absent: Kremen (1)
Kershner stated Lake Samish is included in the ordinance, but they aren't going to
fully implement the inspection program at Lake Samish. Boats that want to use Lake
Samish will have to trailer to Lake Whatcom for inspection. She moved to remove Lake
Samish from this ordinance this year, until they can create a full program at Lake Samish.
Crawford stated he is against the amendment. If this amendment were to pass, he
would be very concerned about the folks on Lake Samish, as folks simply try to avoid
paying a fee. The Council was told that staff would do their best to do home site visits.
Knutzen stated he is also opposed. All it does is add pressure on Lake Samish that is
already crowded in the summer. If this is really about aquatic invasive species, the
program should be countywide, not just on Lake Whatcom.
Kershner withdrew her motion. If they are serious about aquatic invasive species,
the statewide program should be in effect at the border to ensure aquatic invasive species
don't enter the state. It's a huge burden for individual municipalities and counties to
protect all the water bodies in their jurisdictions. Birds are a major contributor of
transporting seeds and bugs. The program will cost taxpayer money without any guarantee
that they can keep anything out of the lake. However, the City has supported the program,
which is about to be implemented. Having two programs at odds with each other will be a
disaster, so she will reluctantly support the ordinance. She will try to make changes in
conjunction with Councilmember Brenner and the City.
Weimer stated he supports the ordinance. They are trying to plug as many holes as
possible, especially the ones with the most risk. There is a clear threat. Other jurisdictions
have infected lakes. People who draw their water from the lake could face thousands of
dollars to protect their water if these mussels get into the lake. The City could have a cost
of millions of dollars to protect Lake Whatcom if the mussels get into the lake. It's a work in
progress. He understands the pain due to already paying fees to the State. The State has
a program, but it doesn't do anything. The State of Idaho has a program the State of
Washington should have. Other things should be changed, such as exempting boats that
don't ever leave the lake; considering the risk of small craft such as kayaks, canoes, and
rowboats; finding an easy way for the people at Lake Samish to get inspected, without
hauling their boats to Bellingham and back. He supports this because they need to start.
The program will be a lot better next year.
Brenner stated councilmembers seem intimidated into approving a program. Instead
of doing this now, set up special meetings this week or adopt it as an emergency. Don't
lose the trust of the people.
The motion carried by the following vote:
Ayes: Mann, Crawford, Knutzen, Kershner and Weimer (5)
Nays: Brenner (1)
Absent: Kremen (1)
Whatcom County Council, 4/23/2013, Page 8
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Kershner stated this can be scheduled in the Public Works, Health, and Safety
Committee in two weeks.
3. ORDINANCE AMENDING THE WHATCOM COUNTY UNIFIED FEE SCHEDULE TO
INCLUDE AQUATIC INVASIVE SPECIES INSPECTION FEES (AB2013 -146)
(8 :36:55 PM)
Kershner opened the public hearing, and the following people spoke:
Joe Boyd, Borderline Bassin' Contenders, stated it's inappropriate to say a boat
coming from Yakima could cause invasive species. He described the inspection process he
went through, which took about three minutes for the $50 fee. Based on the inspection he
received, it's clear this is a launch fee, not an aquatic invasive species prevention fee. Make
the program run from April 1 to March 31 of the next year, not to December 31.
Greg Brown stated the Council adopted this due to pressure from the City.
Bob Harriman, Borderline Bass Contenders, stated the fee schedule should be
comparable to other states and municipalities. The City's $20 and $50 fees are excessive.
Have a $5 fee. Several of his members have said they won't pay a $50 fee to fish on Lake
Whatcom. His club makes contributions such as free fishing derbies for the kids and
enhancing habitat. If it's for water quality, everyone must pay the cost of invasive species.
Sportsman groups throughout the state are trying to work with the State. He is opposed to
the ordinance. The Council doesn't know what it's doing. His club is willing to help the
councilmembers understand.
Karen Brown stated Councilmember Crawford said at a previous meeting that he
wants the fee to be $100. Otters also bring mussels into Lake Whatcom.
Hearing no one else, Kershner closed the public hearing.
Mann moved to adopt the ordinance. He moved to amend to make the fees $25
for the annual sticker and $10 for the day pass until they have a more comprehensive plan.
Kershner asked if the annual pass is only good until September 31.
Chris Brueske, Public Works Department, stated the annual permit would go January
to December of the calendar year.
Kershner stated discuss that in a couple of weeks with the other amendments.
People are buying their permits now.
Knutzen stated he supports the motion to amend. He suggested a friendly
amendment to add a $5 day pass for group inspections and scheduled events.
Mann asked if there is a provision for group inspections in the proposed ordinance.
Brueske stated there is not currently.
Mann did not accept the friendly amendment. There aren't provisions for that in
the ordinance. Stick to the current framework.
Whatcom County Council, 4/23/2013, Page 9
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Weimer asked how the fees would be collected, and if people will bypass the City of
Bellingham and go to all the County inspections. Brueske stated he'll have to think about
how that would be implemented. It will create confusion for sure.
Jack Louws, County Executive, stated Bellingham charges a fixed amount of $50. A
County fee structure that charges less can be implemented only if the County creates its
own inspection station. He's not sure how to collect a fee that is less than the City's fee.
Brenner stated the City didn't try to work with the County when it tried to pass this.
Go through with the amendment.
Kershner asked if it's possible to take time, create an aquatic invasive species
subcommittee of the Council, talk to the City Council about these concerns, and see if the
City is open to coming up with solutions to some of these changes. The City has passed its
ordinance. If the County makes changes to the program, it will create a nightmare of
confusion.
The motion failed by the following vote:
Ayes: Brenner, Mann and Knutzen (3)
Nays: Crawford, Kershner and Weimer (3)
Absent: Kremen (1)
Knutzen moved to add a $5 day pass for group event inspections.
Crawford stated he is opposed to the motion. He appreciates the concern. A group
event can be likely to bring in more boats from out of the area than everyday use. He's not
sure what they're accomplishing by offering group discounts. The County could have a
quarter - million dollar program with the City and not charge anything to the boaters. The
Council is attempting to recover some of its cost. Realize the overall cost of the program
and try to make the program self- sustaining with its own costs. To now propose a discount
for a larger number of boats at one time doesn't make much sense unless they have
evidence that a group event contaminates the lake less than the regular boater.
Brenner stated there is a State form that shows what each person in the group has
to go through. She trusts people who use this form.
Knutzen stated they could authorize the ability to charge the $5 day pass for group
event inspections.
Weimer stated he is against the amendment. Put it on the growing list of things to
talk about. It's not in the ordinance to define how they identify these groups or how these
groups qualify for a $5 fee. They would have to backup and put it in the original ordinance.
They don't have the wording to do that this evening.
Knutzen withdrew his motion.
The motion carried by the following vote:
Ayes: Mann, Crawford, Knutzen, Kershner and Weimer (5)
Nays: Brenner (1)
Absent: Kremen (1)
Whatcom County Council, 4/23/2013, Page 10
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4. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 1.14,
ELECTORAL PRECINCTS, TO CHANGE CERTAIN VOTING PRECINCT
BOUNDARIES IN WHATCOM COUNTY (AB2013 -147) (9:00:40 PM)
Debbie Adelstein, Auditor, gave a staff report.
Mann asked which district precinct 183 is in. Auditor stated precinct 183 is in the
42nd legislative district. She's not sure which Council district it is in.
Kershner opened the public hearing, and the following person spoke:
Ellen Baker stated the map says Council District 1, but should say Council District 2.
Hearing no one else, Kershner closed the public hearing.
Brenner moved to adopt the ordinance with a correct map showing the correct
Council District. Adelstein stated she will have to ask the map maker about the correct
Council district. She will confirm that it's correct before making final changes. If changes
are necessary, and the district is split, it will have to come back before the Council.
weeks.
Brenner withdrew her motion to adopt and moved to hold in Council for two
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
(Clerk's Note: Discussion of this item continued later in the meeting.)
OPEN SESSION
The following people spoke:
• Greg Brown submitted a handout (on file) and spoke on the issues of the yard
waste facility, the Glacier campground trail, and reconveyance allocation,
Cornwall Housing, and the appointment to the Public Health Advisory Board.
• Sheri Lambert spoke on the issue of a motocross track on Hemmi Road.
• Wendy Harris spoke about a planned goose roundup scheduled at Silver Lake
Pa rk.
• John Lesow spoke about the Point Roberts Character Plan.
• Ellen Baker submitted and read from a letter (on file) about the Glacier
campground.
• Alice Werkema spoke about the Cornwall Housing proposed project.
• Delaine Clizbe spoke about a Glacier trail project.
• Karen Brown spoke about the membership of County committees and boards,
a Foothills communication project, and the Glacier trail project.
• Tom Fenton submitted a handout and spoke about timber harvesting on the
reconveyance lands.
• Russ Angus referenced an email he sent today and spoke about the Glacier
trail project.
Whatcom County Council, 4/23/2013, Page 11
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Jack Louws, County Executive, stated the County Executive webpage has a board
and commission vacancy list. He read the list of Executive - appointed vacancies. The
Council also has a vacancy list. The lists are posted. When there aren't applicants, he asks
members of the committee and staff to find members so the committees may stay active.
He read the list of Council- appointed vacancies. He encourages the community to submit
applications. The staff does a good a job as they can to publish the vacancies and get
people involved.
Brenner stated the Council appointments are posted all the time.
CONSENT AGENDA
(9:37:09 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through six.
Brenner withdrew items four and six.
The motion to approve Consent Agenda items one through three and five carried by
the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL
FOR CARE NAVIGATION SERVICES FOR FAMILIES OF SPECIAL NEEDS
CHILDREN AND YOUTH, IN THE AMOUNT OF $40,000 (AB2013 -151)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
BELLINGHAM TO OPERATE THE LAKEWAY YARD WASTE COLLECTION
FACILITY, IN THE AMOUNT OF UP TO $45,000 FOR 2013 AND $25,000 FOR
2014(AB2013 -152)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AWARD BID
#13 -10 FOR THE DELIVERY AND SUPPLY OF ASPHALTIC MIXES TO BOTH
VENDORS WHO PLACED BIDS (PUBLIC WORKS STAFF WILL SELECT THE
VENDOR THAT IS THE BEST VALUE BASED ON PRICE AND TRANSPORT COST
TO THE SPECIFIC JOB SITE), IN AN ANNUAL AMOUNT THAT COULD EXCEED
$35,000 (AB2013 -153)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AWARD BID
#13 -28 FOR THE CONSTRUCTION OF THE OLSEN TRAILHEAD PARKING LOT
TO THE LOW BIDDER, FABER CONSTRUCTION, IN THE AMOUNT OF
$148,358.51 (AB2013 -154) (9:38:16 PM)
Mann moved to approve the request.
Brenner stated she doesn't support the item because it uses real estate excise tax
(REET) 2 money, which should go toward stormwater projects.
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Knutzen stated he agrees with Councilmember Brenner. He's not opposed to the
project, but opposes the use of REET 2 funds.
Kershner stated the Council already approved the project. Tonight they're approving
the bid from Faber Construction. All these projects come forward in several stages.
Brenner stated she has always opposed using REET 2 funds for this project.
Mann stated he voted against this project in the past. As he did research, he
realized it's a safety issue on the road, and now doesn't have a problem using REET funds.
He supports the project.
Knutzen stated there is $163,000 in the park improvement fund. There are plans to
deplete that fund. He asked if they can use those funds.
Jack Louws, County Executive, stated the Council can make that determination.
Knutzen moved to amend to pay for it with the park improvement fund instead of
REET 2 funds.
Kershner asked if the park improvement funds are committed. Louws stated that in
the 2013 budget, the park improvement fund had $1.522 million, which was transferred into
the conservation futures fund. They also anticipated paying for one full -time equivalent
(FTE) from the park improvement fund. The money for the FTE is still in the budget. Later
this year he will move the funding for the FTE out of the park improvement fund or freeze
the position.
It's appropriate to use the REET 2 fund for this. In the next biennium, they will
decide on whether they will use REET 2 funds on more stormwater projects. Awarding the
contract is the right thing to do at this time. He has no problem if the Council decides to
pay the park improvement fund down to zero, and use the REET 2 funds for the balance.
They need to get the project done.
Kershner stated she is against the motion. The park improvement fund is
undedicated, and can be used for any project in the county. The REET 2 fund has specific,
limited allowed uses.
Brenner stated that at some point, they will have to decide what is more important.
During the hearing, she heard how important it is to protect Lake Whatcom water quality.
They don't have enough money in the REET 2 fund to protect water quality. The REET 2
fund is over - dedicated. Any new jail will be required to have big stormwater facilities. She
supports this project, but use the park improvement fund.
The REET 2 fund has fund balance over $7 million. The estimated ending fund
balance in 2014 is $3.752 million. Only $785,000 is being spent on stormwater projects.
Protect REET money for stormwater projects.
Louws stated the County committed to put $1 million per year into the general fund,
which then is transferred into the jail property acquisition fund. The legislature allowed for
REET 2 to go into the general fund, which isn't restricted, in the amount of $1 million per
year for four years. They've decided to use that $4 million on a new correctional facility.
Whatcom County Council, 4/23/2013, Page 13
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Brenner stated that's even less money available for stormwater facilities.
Knutzen asked for information on the FTE planned for from the park improvement
fund. Louws stated it's related to the reconveyance. The position is authorized in the
current budget, but isn't filled. When the $1.5 million was in the park improvement fund, it
would have funded the operation of the reconveyance for quite a few years. The Council
determined to put that money back into conservation futures fund, which makes that money
unavailable for ongoing operations and maintenance of the reconveyed properties.
Brenner stated that money was never supposed to be in the park improvement fund.
The motion to amend failed by the following vote:
Ayes: Brenner and Knutzen (2)
Nays: Mann, Crawford, Kershner and Weimer (4)
Absent: Kremen (1)
The motion to approve carried by the following vote:
Ayes: Mann, Crawford, Kershner and Weimer (4)
Nays: Brenner and Knutzen (2)
Absent: Kremen (1)
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AWARD BID
#13 -09 FOR THE DELIVERY AND SUPPLY OF ASPHALTIC EMULSIONS TO THE
LOW BIDDER, PARAMOUNT PETROLEUM, IN THE AMOUNT OF $1,300,000
(AB2013 -155)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPLY FOR A
PLANNING AND ENGINEERING GRANT THROUGH THE WASHINGTON
FEDERAL LANDS ACCESS PROGRAM FOR A MULTI -USE TRAIL BETWEEN
GLACIER AND THE DOUGLAS FIR CAMPGROUND (AB2013 -156) (9:56:18 PM)
Mann moved to approve the request.
Crawford stated the application should be amended to remove the name of the
business that doesn't support the project, and change language from '100 percent of
businesses support" to "many businesses support." He assumes it's a scrivener's error.
Otherwise, he supports the request. He asked how this came forward.
Mike McFarlane, Parks and Recreation Department, gave a staff report. The
application requires a local or State sponsor and a federal sponsor, which is the U.S. Forest
Service. The County submits the application. The County already submitted the
application, but he can contact the Washington Federal Lands Access program with an
amendment.
Brenner stated the community is going to do the match. The County is not
committing general funds. McFarlane stated the Sheriff committed the outside worker
group. The County has not contributed match dollars, but spent time on administration,
which could be used as a match in the future. They are tracking the County's time spent on
this.
Brenner asked what happens if the next grant doesn't appear. McFarlane stated this
gets them to the point of having a project with an estimated cost that could be bid for. The
Whatcom County Council, 4/23/2013, Page 14
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next grant is to take the next step of construction. If that next grant doesn't appear, the
plan is still valid. The costs would need to be refreshed in the future.
Kershner asked who would own and maintain the trail. McFarlane stated the trail is
on private property owned by the State Department of Transportation and U.S. Forest
Service. The Glacier Chamber and community would maintain the trail.
Mann stated he supports this item. The Council should encourage citizens to do this
type of thing. Pass it along for review. It's not the Council's job to protect the federal
government from giving money to a community. He supports having a trail there, because
the area is very dangerous. Support citizens who are trying to make a grant application.
Knutzen stated he agrees with Councilmember Mann. He asked what is the
Whatcom Parks and Recreation Foundation. McFarlane stated it is a 501(c)(3) foundation
that is separate.
Kershner stated she agrees with Councilmember Mann. It's a good community
project. She's a bit uncomfortable approving something that has already been done. She
will abstain from the vote, since her vote has no real value. She's not against the project.
Brenner asked how it happened that the grant was submitted before it came to the
Council. McFarlane described the schedule and deadline. The County received it five days
before it was due, and it was completed the day it was due. This is just notification that an
application was sent in. It's the process that the Executive notify the Council when an
application is made. If the grant is awarded, there will be a contract, which is what this
Council will need to approve.
Jack Louws, County Executive, stated the administration has authority to apply for
grants. Within a certain period of time, he needs to notify the Council of the application.
The Council has the ability to say no. If so, he will pull out of it. When opportunities come
up, he has the ability to make applications. If approved, the Council has the ability to look
at them and reject them.
Kershner stated that if the Executive has information about something that may
shock the public, she'd like to know about it before trying to make a decision about it.
Brenner moved to amend, 'Request authorization for the County Executive to aPP4 -y
accept for a planning and engineering grant through the Washington Federal Lands Access
program for a multi -use trail between Glacier and the Douglas Fir campground (AB2013-
156)"
Weimer stated they are voting to authorize the Executive to submit a grant. It
seems the Executive doesn't need Council authorization to submit the grant, just to accept
it. He asked if it hurts anything if the Council doesn't approve the item. Louws stated the
grant application is in. It hasn't been reviewed at this time. If the Council's desire is not to
get involved or move forward, he will pull the grant from consideration and not spend any
more County time on it from this point forward.
Weimer stated that's not his intent. He doesn't want to pull the grant from
consideration.
Brenner restated her motion to amend.
Whatcom County Council, 4/23/2013, Page 15
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Mann stated accepting the grant is a bigger deal than applying for it.
The motion to amend was not voted on.
Kershner stated her point has been made, and she will change her vote.
Mann stated they should thank the Glacier community for putting this forward.
There was no shady operation. If they get the grant, they can then decide if they want to
build a two -mile trail.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2013 WHATCOM COUNTY BUDGET, FIFTH
REQUEST, IN THE AMOUNT OF $150,533 (AB2013 -142) (10:15:19 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance. He withdrew his motion so the Council could return to Public
Hearing Item four.
PUBLIC HEARINGS
4. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 1.14,
ELECTORAL PRECINCTS, TO CHANGE CERTAIN VOTING PRECINCT
BOUNDARIES IN WHATCOM COUNTY (AB2013 -147) (9:00:40 PM)
(Clerk's Note: Discussion continued from earlier in the meeting.)
Kershner moved to reconsider the vote to hold in Council.
The motion to reconsider carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
Adelstein stated the precinct being created in the forest land would be in Council
District 1. The northern part of Whatcom County goes to the forest land boundary. Council
District 1 goes to the forest land boundary. Because there are no voters in that district, it
just expands the Newhalem precinct that was there to cover the whole thing. It's all
contained in legislative district 42 and congressional district 1. Adopt the ordinance as
proposed.
Brenner moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
Whatcom County Council, 4/23/2013, Page 16
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OTHER ITEMS
1. ORDINANCE AMENDING THE 2013 WHATCOM COUNTY BUDGET, FIFTH
REQUEST, IN THE AMOUNT OF $150,533 (AB2013 -142) (10 :15:19 PM)
Mann moved to adopt the ordinance.
Brenner stated she likes much of what's in the ordinance, but can't support more
funds for the reconveyance. She would support the budget request without it.
Knutzen asked for more information on the boater safety program.
Brenner moved to amend to remove item two.
The motion to amend failed by the following vote:
Ayes: Brenner and Knutzen (2)
Nays: Mann, Crawford, Kershner and Weimer (4)
Absent: Kremen (1)
The motion to adopt carried by the following vote:
Ayes: Mann, Crawford, Kershner and Weimer (4)
Nays: Brenner and Knutzen (2)
Absent: Kremen (1)
2. RESOLUTION AMENDING THE 2013 WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BUDGET, FIRST REQUEST, IN THE AMOUNT OF $1,124,550
(AB2013 -143) (10 :21 :24 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the resolution. He is opposed to the resolution. He is against the principle of
bailing out folks who built in very hazardous areas. Granting a building permit doesn't
mean they've conferred government protection against any natural disaster in perpetuity.
If someone builds in a really dangerous place, the County can't foolproof the world. He
can't spend $2 million of taxpayer money to bail out people who built where they shouldn't
have.
Brenner stated this was done many years ago, before they knew anything they know
now about critical areas and other things. The County may not have liability, but it shares a
responsibility.
Mann stated this was an alluvial fan in 1961. People need to take responsibility for
the ground on which they're building.
Brenner stated it was permitted, which means the County didn't understand, either.
Many rules they have now are overkill because the County has a responsibility. People trust
that something permitted was legal.
Whatcom County Council, 4/23/2013, Page 17
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The motion carried by the following vote:
Ayes: Brenner, Crawford, Knutzen and Weimer (4)
Nays: Mann and Kershner (2)
Absent: Kremen (1)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LOAN
AGREEMENT BETWEEN WHATCOM COUNTY AND CORNWALL HOUSING, LLC
TO SUPPORT THE CORNWALL HOUSING PROJECT, IN THE AMOUNT OF
$300,000 (AB2013 -150) (10:25 :16 PM)
Mann reported for the Finance and Administrative Services Committee and stated
this item is held in committee.
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE LUMMI
NATION FOR CONSTRUCTION, OPERATION, MAINTENANCE AND REPAIR OF
HAXTON WAY ROUNDABOUT AND ASSOCIATED PUBLIC APPURTENANCES
(AB2013 -157)
Brenner reported for the Public Works, Health, and Safety Committee and moved
to approve the request with the contingency that maintenance costs in the amount of
$50,000 are credited toward the $2 million the County must spend according to the ferry
lease.
Dan Gibson, Prosecutor's Office, gave a staff report. The focus belongs on
construction. Make sure the roundabout is constructed according to standard specifications.
That agreement has been reached. There was no discussion about charging the amount
beyond what was being provided by way of grant money for the construction. There was
also a question about accident history in this area. There have been a number of fatal
accidents in this intersection. This roundabout, for which the Lummi Nation has obtained
federal funding and will oversee construction, has been negotiated. He recommends
approval and presented.
Brenner spoke about the lease being illegal. The County will pay for maintenance of
this roundabout from now on. She appreciates what the Lummis are doing, but wants the
amendment.
Mann asked if there is a legal reason they can't do this amendment. Gibson stated
there was no legal reason to ask for an additional contribution during negotiation, because
significant money is brought to the table for a County facility.
Knutzen asked what qualifies for credit on the construction projects that they're
required to do in the amount of $2 million. Gibson stated this is not something that
qualifies for credit in the lease. Certain things such as traffic calming measures may be
incorporated into this. That's what the county committed to apart from the money the
councilmembers are talking about. The $2 million every five years does not include this
item. This item can count toward the traffic calming measures, which is separate from the
$2 million.
Joe Rutan, Public Works Department, stated the County already met it's
requirements for traffic calming procedures in the agreement.
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Mann stated the cost of maintenance is a big, expensive commitment in perpetuity.
The County engineer said the ongoing maintenance would be about $2,000 per year. The
committee came up with a number of $50,000 as a reasonable amount to be deducted from
the County's $2 million obligation. There's no reason they can't work that out.
Knutzen stated he's concerned it doesn't comply with the agreement in terms of a
construction project. This project is for maintenance.
Mann stated it's not hard to amend the least that changes the first $2 million lump
sum payment to $1.95 million.
Kershner stated make this separate from the lease.
Jack Louws, County Executive, stated the Council can make the request. Tying it to
the lease will reopen the lease discussion. This is a safety project for tribal and nontribal
members. He described the collision summary. The County is working with the Lummi
Nation on many issues, including the ferry lease, the Governor's shellfish initiative and
water quality issues, the Slater Road trust application issue, the water rights federal
determination, and many other issues. The ongoing maintenance of this project is a small
amount folded into everyday maintenance costs. The Lummi Nation is provided a fair
amount of federal money from the Bureau of Indian Affairs (BIA) to take care of a safety
improvement project that benefits everyone in Whatcom County. Move this forward. The
County and Lummi Nation will work together for generations. Making special exceptions for
maintenance and operation after the road is built is more than the County expects from
other developers.
Brenner stated no other developer has made the County pay $6 million to cross a
public right -of -way and highway. The Lummi Nation did a great job with its negotiation.
The County didn't do a great job. Louws stated he agrees that the County is paying a
disproportionate amount to what the County gained from the lease, but the lease is signed.
The County has a legal obligation to meet it. He must look at these things independently
and work cooperatively when possible. When necessary, he will reserve the right to be a
tough negotiator. This isn't the proper issue to be tough on.
Mann stated they are trying to compensate the County for it's time. He's been
hearing for too long that the County should be nice and not cause any trouble because of
upcoming big issues. It's time the County stand up for itself and negotiate with the Tribe
like it would negotiate with anyone.
Crawford moved to amend the motion to remove the contingency and consider the
request as presented. The project was discussed many times during the lease discussions,
but the project was not part of the improvements on the road. The County is not paying
anything for this project other than maintenance. This is a significant road improvement
project that has safety and aesthetic benefits. Consider this a learning experience in what it
takes to maintain a roundabout. Approve the agreement.
The motion carried by the following vote:
Ayes: Crawford, Knutzen, Kershner and Weimer (4)
Nays: Brenner and Mann (2)
Absent: Kremen (1)
Crawford moved to approve the request as originally presented.
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The motion carried by the following vote:
Ayes: Brenner, Crawford, Knutzen, Kershner and Weimer (5)
Nays: Mann (1)
Absent: Kremen (1)
S. NOMINATION AND APPOINTMENT TO FILL VACANCIES ON THE WHATCOM
COUNTY SURFACE MINING ADVISORY COMMITTEE - APPLICANT(S):
VARIOUS (AB2013 -108) (10:50:40 PM)
Crawford nominated all the applicants and moved to appoint Christopher Secrist
by acclamation to the Forestry position.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
Geologist
Kershner moved to move Dan McShane into an environmental consultant slot. She
would like to appoint as many qualified people as possible. She hasn't had a chance to talk
to Mr. McShane, but the Council can make the appointment conditional on his acceptance.
weeks
Mann stated he could just apply to the environmental consultant position in two
Kershner withdrew the motion.
(Clerk's Note: See the attached voting sheet for Geologist, Round 1.)
The Council appointed Dan McShane.
Members of Surface Mining Industry
(Clerk's Note: See attached voting sheet for Member of the Surface Mining Industry.)
The Council appointed Steve Cowden and Brad Davis.
Geologist
Brenner stated she would like to reconsider appointing Dan McShane as the
environmental consultant. It's been a difficult position to fill.
Weimer moved to reconsider the vote for geologist. He suspects Mr. McShane
wants to be on the committee, regardless of which position.
The motion to reconsider carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
Whatcom County Council, 4/23/2013, Page 20
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Environmental Consultant
Kershner moved to appoint Dan McShane to the environmental consultant position
by acclamation.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
Geologist
(Clerk's Note: See the attached voting sheet for Geologist, Round 2.)
The Council appointed Shannon Logan to the geologist position.
6. NOMINATION AND APPOINTMENT TO FILL VACANCIES ON THE WHATCOM
COUNTY FORESTRY ADVISORY COMMITTEE - APPLICANT(S): VARIOUS
(AB2013 -137)
Knutzen nominated all applicants.
Commercial Forest Landowner or Qualified Designee
Kershner stated there are two applicants for two positions.
Knutzen moved to appoint both nominees, Aubrey Stargell and Gordon Iverson, by
acclamation.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
The Council appointed Aubrey Stargell and Gordon Iverson.
Forestry Harvester
Knutzen moved to appoint Greg Zender and Rod Lofdahl by acclamation.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
Forest Product Manufacturer
(Clerk's Note: See attached voting sheet for Forest Product Manufacturer.)
The Council appointed Gary E. Jones and Max Perry.
Whatcom County Council, 4/23/2013, Page 21
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Small Forest Landowner
(Clerk's Note: See attached voting sheet for Small Forest Landowner.)
The Council appointed Gerry Millman and Herb Barker.
Citizen with Forestry Expertise: Round 1
1.)
(Clerk's Note: See attached voting sheet for Citizen with Forestry Expertise, Round
The Council appointed Sharon Westergreen.
Citizen with Forestry Expertise: Round 2
2.)
(Clerk's Note: See attached voting sheet for Citizen with Forestry Expertise, Round
The Council appointed Phil Cloward.
7. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
]ON HUTCHINGS TO THE WHATCOM COUNTY PUBLIC HEALTH ADVISORY
BOARD (AB2013 -158)
Knutzen moved to confirm the appointment.
Crawford stated he wants to clarify that Mr. Hutchings is or was not a member of the
Health Department.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
8. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
DANIEL LARNER TO THE BELLINGHAM - WHATCOM PUBLIC FACILITIES
DISTRICT (AB2013 -159) (11 :12 :34 PM)
Crawford moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
INTRODUCTION ITEMS
(11 :12 :57 PM)
Brenner moved to accept the Introduction Items.
Whatcom County Council, 4/23/2013, Page 22
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Kershner stated make sure item three gets to the Lummi Island Ferry Advisory
Committee for its review.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
1. RESOLUTION AMENDING THE 2013 WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BUDGET, SECOND REQUEST, IN THE AMOUNT OF $53,155
(AB2013 -160)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
2. ORDINANCE ESTABLISHING PARKING RESTRICTIONS ON ROMA ROAD
(AB2013 -161)
3. ORDINANCE AMENDING WCC 10.34, FERRY RATES (AB2013 -162)
4. ORDINANCE REGARDING INSTALLATION OF STOP SIGNS ON VARIOUS
ROADS WITHIN THE COUNTY (AB2013 -163)
5. ORDINANCE AUTHORIZING INTERFUND LOANS TO FINANCE CASH FLOW
FOR ROAD CAPITAL PROJECT BUDGETS (AB2013 -164)
OTHER BUSINESS
Knutzen stated councilmembers received an explanation of the internal auditor
position, which the County cut some time ago. He and Councilmember Mann talked to the
County Auditor about reinstating the position. He would like to discuss this item further.
Mann stated he would have the discussion in the Finance and Administrative Services
Committee.
Mann asked for an update on where they are at with Medic One negotiations.
Jack Louws, County Executive, stated he is preparing a full report for the Council at
the next Council meeting.
DISCUSSION REGARDING ORDINANCE 2013 -016, AMENDMENTS TO WHATCOM
COUNTY CODE CHAPTER 3.37.070, CHEMICAL DEPENDENCY/ MENTAL HEALTH
PROGRAM FUND OVERSIGHT ADVISORY COMMITTEE (AB2013 -130A)
Brenner reported for the Public Works, Health, and Safety Committee and moved
that the full Council ask staff to prepare amendments to the ordinances for the purpose of
combining the Behavioral Health Advisory Board and the Behavioral Health Revenue
Advisory Committee.
Kershner stated she would like to hear from the Health Department about it.
Whatcom County Council, 4/23/2013, Page 23
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Crawford stated they can look at it. Some folks on the advisory committee are
consumers. The role of determining how the tax is spent may be a very different role. He
can think of potential conflicts.
Jack Louws, County Executive, stated he will work with the Health Department to
bring forward a recommendation.
Brenner withdrew her motion.
DISCUSSION REGARDING PROPOSED CHANGES TO THE FERNDALE SENIORS JET
OLDSTERS ASSOCIATION'S NUTRITION PROGRAM AT THE FERNDALE SENIOR
ACTIVITY CENTER (AB2013 -165)
Brenner reported for the Public Works, Health, and Safety Committee. Whatcom
County contributes $10,000. Other counties contribute more than $100,000 to the meals
program. She would like more information on why that is. She would like to see a budget
amendment for meals for seniors.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Crawford stated he thanks the councilmembers for appointing Phil Cloward to the
Forestry Advisory Committee. Mr. Cloward is active in the forestry industry and was born
and raised in Whatcom County.
Brenner stated that in light of recent events, she's thankful to be an American.
Knutzen stated he thanks Councilmembers Brenner and Mann for working through
challenging issues with Catholic Community Services and the downtown merchants. He
hopes they can work out a solution for all. He thanked those folks also for working on the
issue.
ADJOURN
The meeting adjourned at 11:25 p.m.
The Council approved these minutes on May 21, 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, 4/23/2013, Page 24
SURFACE MINING ADVISORY COMMITTEE (AB2013 -108)
Nominated
Geologist (1) -ROUND 1
by:
Weimer
Knutzen
Mann
Crawford
Brenner
Kremen
Kershner
Total
Dan
X
X
X
X
Crawford
McShane
Dan McShane
Dan McShane
Dan McShane
Dan McShane
Dan McShane
Dan McShane
4
Martin
Crawford
Conyac
Martin Conyac
Martin Conyac
Martin Conyac
Martin Conyac
Martin Conyac
Martin Conyac
0
Shannon
Shannon
X
Shannon
Shannon
Shannon
X
Shannon
Shannon
Crawford
Logan
Logan
Logan
Logan
Logan
Logan
Logan
2
Michael
Crawford
Bersch
Michael Bersch
Michael Bersch
Michael Bersch
Michael Bersch
Michael Bersch
Michael Bersch
0
Nominated
No
Member of Surface Mining Industry (2)
Weimer
Knutzen
Mann
Crawford
Brenner
Kremen
Kershner
Total
Brent
X
Crawford
Cowden
Brent Cowden
Brent Cowden
Brent Cowden
Brent Cowden
Brent Cowden
Brent Cowden
1
Steve
X
X
X
X
X
Crawford
Cowden
Steve Cowden
Steve Cowden
Steve Cowden
Steve Cowden
Steve Cowden
Steve Cowden
5
Brad
X
Brad
X
Brad
X
Brad
X
Brad
X
Brad
Brad
X
Crawford
Davis
Davis
Davis
Davis
Davis
Davis
Davis
6
Nominated
Geologist (1) - ROUND 2
by:
Weimer
Knutzen
Mann
Crawford
Brenner
Kremen
Kershner
Total
Martin
X
Crawford
Conyac
Martin Conyac
Martin Conyac
Martin Conyac
Martin Conyac
Martin Conyac
Martin Conyac
1
Shannon
Shannon
X
Shannon
X
Shannon
X
Shannon
X
Shannon
Shannon
X
Crawford
Logan
Logan
Logan
Logan
Logan
Logan
Logan
5
Michael
Crawford
Bersch
I
Michael Bersch
Michael Bersch
Michael Bersch
Michael Bersch
Michael Bersch
Michael Bersch
FORESTRY ADVISORY COMMITTEE (AB2013 -137)
Nominated
No
Forest Product Manufacturer (2)
Knutzen
Weimer
Knutzen
Mann
Crawford
Brenner
Total
Kremen
Gerry
Kershner
Total
X
Gary E.
X
Gary E.
X
Gary E.
X
Gary E.
Gary E.
X
Gary E.
Knutzen
Gary E.
X
Millman
Knutzen
Jones
Jones
Jones
Jones
Jones
Jones
Jones
4
Gerry
X
Gerry
Gerry
Gerry
X
Gerry
X
Gerry
Knutzen
Gerry
X
Barker
Knutzen
Millman*
X
Millman*
X
Millman*
Millman*
Millman
X
Millman*
Millman*
3
X
Dean
Dean
X
Dean
X
Dean
X
Dean
X
Knutzen
Zender
X
Zender
Knutzen
Max Perry'
Max Perry*
Max Perry'
Max Perry*
Max Perry"
Max Perry"
Max Perry"
5
Sarah
Sarah
Sarah
Sarah
Sarah
Sarah
Sarah
Knutzen
Pederson
X
Pederson
Pederson
Pederson
Pederson
Pederson
Knutzen
Pederson
Ruhl
Nominated
by:
Small Forest Landowner (2)
Weimer
Knutzen
Mann
Crawford
Brenner
Kremen
Kershner
Total
Gerry
X
Gerry
X
Gerry
Gerry
X
Gerry
X
Gerry
Gerry
X
Knutzen
Millman
Millman
Millman
Millman
Millman
Millman
Millman
5
Herb
Herb
Herb
Herb
Herb
Herb
Herb
Knutzen
Barker
X
Barker
Barker
X
Barker
X
Barker
Barker
Barker
X
4
Dean
Dean
X
Dean
Dean
Dean
X
Dean
Dean
Knutzen
Zender
Zender
Zender
Zender
Zender
Zender
Zender
2
Donald
Donald
Donald
Donald
Donald
Donald
Donald
X
Knutzen
Ruhl
Ruhl
Ruhl
Ruhl
Ruhl
Ruhl
Ruhl
1
FORESTRY ADVISORY COMMITTEE (AB2013 -137)
Nominated
No Citizen with Forestry Expertise (2) - ROUND 1
Nominated
No
Citizen with Forestry Expertise (2) - ROUND 2
Weimer
Knutzen
Weimer
Mann
Knutzen
Crawford
Mann
Brenner
Crawford
Kremen
Brenner
Kershner
Total
Kershner
Total
2
Knutzen
Phil Cloward
4
Phil Cloward
Phil Cloward
Phil Cloward
Phil Cloward
Phil Cloward
X
Phil Cloward
X
Phil Cloward
Phil Cloward
Phil Cloward
Phil Cloward
Knutzen
Jim Hanson
X
Jim Hanson
X
Jim Hanson
X
Jim Hanson
Jim Hanson
Jim Hanson
Jim Hanson
Jim Hanson
Jim Hanson
Jim Hanson
Jim Hanson
3
Jim Hanson
Q
Knutzen
David
David
David
David
David
David
4
Knutzen
Sharon
2
Sharon
X
Sharon
Sharon
X
Sharon
X
Sharon
Sharon
X
Westergreen
Westergreen
Wallin
Westergreen
Wallin
Westergreen
Wallin
Westergreen
Wallin
Westergreen
Wallin
Westergreen
Wallin
Knutzen
David
David
David
David
David
David
David
3
X
X
X
Wallin
Wallin
Wallin
Wallin
Wallin
I
Wallin
Wallin
Nominated
No
Citizen with Forestry Expertise (2) - ROUND 2
Weimer
Knutzen
Mann
Crawford
Brenner
Kremen
Kershner
Total
4
Knutzen
Phil Cloward
Phil Cloward
X
Phil Cloward
Phil Cloward
X
Phil Cloward
X
Phil Cloward
Phil Cloward
X
Knutzen
Jim Hanson
Jim Hanson
Jim Hanson
Jim Hanson
Jim Hanson
Jim Hanson
Jim Hanson
Q
Knutzen
David
David
David
David
David
David
David
2
X
X
Wallin
Wallin
Wallin
Wallin
Wallin
Wallin
Wallin