HomeMy WebLinkAboutCouncil August 6 20131
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
WHATCOM COUNTY COUNCIL
Regular County Council
August 6, 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 and Pete Kremen.
Absent: Carl Weimer.
FLAG SALUTE
ANNOUNCEMENTS (7:02:12 PM)
Kershner announced the Special Committee of the Whole had the following
presentation: Consultant DLR Group to present a jail planning update (AB2013- 042B).
PUBLIC HEARINGS
1. COMMUNITY DEVELOPMENT BLOCK GRANT CLOSEOUT — OPPORTUNITY
COUNCIL'S HOUSING REHABILITATION PR03ECT (AB2013 -274)
Kershner opened the public hearing and, hearing no one, closed the public hearing.
Crawford moved to approve.
Brenner asked what is considered a moderate income.
Wade Gardner, Opportunity Council, stated it is up to 80 percent of area median
income, which is $53,000 for a family of four.
Brenner asked if there is priority to family members with physical or mental health
issues. Gardner stated they prioritize seniors, folks with disabilities, families with children
younger than 7 years old, Native Americans, and one other group.
Crawford withdrew his motion because no action on this item is necessary.
OPEN SESSION
The following people spoke:
• Lee Blake spoke about the proposed packinghouse ordinance (AB2012- 300C).
Whatcom County Council, 8/6/2013, Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
• Humphrey Blackburn submitted his comments (on file) and spoke about a
water use plan for the future.
• Yoshi Revelle spoke about obesity as a health care issue.
• Brooks Anderson spoke about the Blue Green coalition and the waterfront
development.
• Marion Ross spoke about the proposed ordinance to amend the unified fee
schedule for the Lummi Island ferry (AB2013 -289).
• Greg Brown submitted his comments (on file) and spoke about the ordinance
amending the Code regarding ferry rates (AB2013 -162).
• Ray Baribeau spoke about the Consultant DLR Group who presented a jail
planning update (AB2013- 042B).
• Rhayma Blake spoke about the proposed ordinance to amend the unified fee
schedule for the Lummi Island ferry (AB2013 -289).
CONSENT AGENDA
Mann reported for the Finance and Administrative Services Committee and moved to
approve Consent Agenda items one through eight.
Brenner withdrew item four.
The motion to approve Consent Agenda items one through three and five through
eight carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Kremen (6)
Nays: None (0)
Absent: Weimer (1)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE
DEPARTMENT OF COMMERCE FOR NORTHWEST REGIONAL DRUG TASK
FORCE FUNDING TO SUPPORT STAFF AND OPERATIONAL COSTS FOR THE
DRUG TASK FORCE, IN THE AMOUNT OF $118,596 (AB2013 -281)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN WHATCOM
COUNTY AND WASHINGTON STATE NURSES ASSOCIATION FOR AUGUST 6,
2013 — DECEMBER 31, 2014 (AB2013 -282)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WILSON ENGINEERING FOR
DESIGN ASSISTANCE FOR ACADEMY ROAD STORMWATER IMPROVEMENTS,
IN THE AMOUNT OF $98,796 (AB2013 -283)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO USE WASHINGTON
STATE CONTRACT TO PURCHASE A REPLACEMENT BRUSH CUTTER FROM PCI
WASTE & RECYCLING EQUIPMENT, IN THE AMOUNT OF $86,346.01
(AB2013 -284)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Whatcom County Council, 8/6/2013, Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
Brenner stated she had asked for specific information during committee on why the
equipment needed to be replaced. When she received the information, she didn't
understand it. She won't support it. She would like it explained.
Frank Abart, Public Works, stated the information they provided was the
maintenance records.
Crawford stated the maintenance record shows that the County spent $42,000 to
buy this piece of equipment in 2001. The County has now spent $76,000 in maintenance in
the time period since then. It is prudent to replace the equipment.
Kremen stated the Executive indicated today that the unit is 12 years old and is the
only one the County owns. It is used for many hours annually. It has been used 750 hours
per year for 12 years. It's time to replace it. It's more cost effective to replace it than to
continue using it with the mounting maintenance costs.
Brenner stated the Council is trusting. She trusts, but verifies. This isn't information
with which she can verify the request. They were not given much information. They are
always told the equipment is in terrible shape. She knows people who have bought those
things at the County's auction. Many of the people in the business have said the equipment
is in excellent shape. It's her job to look into it and know what she is voting for.
The motion carried by the following vote:
Ayes: Mann, Crawford, Knutzen, Kershner and Kremen (5)
Nays: Brenner (1)
Absent: Weimer (1)
5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID 13 -54
AND ENTER INTO A CONTRACT FOR THE PAVING REPAIRS AT PLANTATION
RIFLE RANGE TO LOW BIDDER, GRANITE CONSTRUCTION, IN THE AMOUNT
OF $53,599 (AB2013 -285)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO PURCHASE LAPTOP
COMPUTERS AND RELATED ACCESSORIES USING INTERLOCAL AGREEMENT
200904026 WITH THE CITY OF EVERETT FROM VENDOR DATEC, IN THE
AMOUNT OF $194,981.71 (AB2013 -284)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AGRICULTURAL LICENSE AGREEMENT BETWEEN LAWRENCE EDWARD
LARSEN AND WHATCOM COUNTY PARKS & RECREATION DEPARTMENT TO
HARVEST HAY ON LAND LOCATED AT SILVER LAKE PARK FOR $1 PER
ROLLED BALE OR $.15 PER RECTANGULAR BALE (AB2013 -287)
8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND OLYMPIC SECURITY
SERVICES TO PROVIDE PARKING SERVICES, SECURITY SERVICES,
SECURITY SCREENING, AND X -RAY SERVICES AT THE COURTHOUSE, IN THE
AMOUNT OF $250,000 FOR TWO YEARS (AB2013 -291)
Whatcom County Council, 8/6/2013, Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
OTHER ITEMS
1. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, NINTH REQUEST,
IN THE AMOUNT OF $1,020,100 (AB2013 -270)
Mann reported for the Finance and Administrative Services committee and moved
to adopt the ordinance. He stated the ordinance includes economic development money for
the water treatment plant for the City of Nooksack, but Cities should pay for their own
water treatment plants and not rely on County economic development dollars. He cannot
support the ordinance.
Brenner stated the economic development fund is specifically to be used to assist in
economic development. The County is telling the Cities to accept growth. It's a good
solution to help with that. Don't give the City an unfunded mandate.
Crawford stated he agrees with Councilmember Brenner. The fund can only be used
for public works infrastructure projects and can only be applied for by municipalities. The
private sector can't apply for it.
Kremen stated he agrees with Councilmember Crawford. The City of Nooksack has
yet to receive any funding from the rural sales tax, which is dedicated to the Economic
Development Investment (EDI) fund. This money can only be used for public facilities and
public infrastructure, which this water treatment plant is.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Knutzen, Kershner and Kremen (5)
Nays: Mann (1)
Absent: Weimer (1)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
NATIONAL ESTUARY PROGRAM GRANT AGREEMENT BETWEEN WHATCOM
COUNTY FLOOD CONTROL ZONE DISTRICT AND THE WASHINGTON STATE
DEPARTMENT OF ECOLOGY FOR BIRCH BAY PRIORITY STORMWATER
RETROFIT PROJECTS PRE - DESIGN, IN THE AMOUNT OF $94,750 (AB2013-
280)
(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 request.
The motion carried by the following vote:
Ayes: Mann, Brenner, Crawford, Knutzen, Kershner and Kremen (6)
Nays: None (0)
Absent: Weimer (1)
3. ORDINANCE AMENDING WHATCOM COUNTY CODE 21.05.039, PHASING,
EXPIRATION, AND TIME EXTENSION FOR PRELIMINARY LONG
SUBDIVISION APPROVAL (AB2013 -272)
Knutzen reported for the Planning and Development Committee and moved to
adopt the ordinance.
Whatcom County Council, 8/6/2013, Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
The motion carried by the following vote:
Ayes: Mann, Brenner, Crawford, Knutzen, Kershner and Kremen (6)
Nays: None (0)
Absent: Weimer (1)
4. ORDINANCE AMENDING WHATCOM COUNTY ZONING CODE 20.80.630,
STORMWATER AND DRAINAGE, RELATING TO WATER QUALITY AND
STORMWATER MANAGEMENT IN THE BIRCH BAY UGA (AB2013 -273)
Knutzen reported for the Planning and Development Committee and moved to
adopt the ordinance.
The motion carried by the following vote:
Ayes: Mann, Brenner, Crawford, Knutzen, Kershner and Kremen (6)
Nays: None (0)
Absent: Weimer (1)
S. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 10.34, FERRY
RATES (PROPOSED AMENDMENT CHANGES THE METHOD OF CALCULATING
THE 45% ROAD FUND SUBSIDY OF THE FERRY OPERATIONS EXPENSES)
(AB2013 -162)
Brenner moved to refer to the Public Works committee in October.
(Clerk's Note: This motion was not voted on.)
Crawford stated this issue was in Introduced on April 23, in Council on May 7, and in
committee on May 21.
Brenner asked if anything has been changed, and if they have received a
recommendation from the Lummi Island Ferry Advisory Committee.
Frank Abart, Public Works Department Director, stated the Advisory Committee sent
information to the Council today. This item had a public hearing and went to the Public
Works, Health, and Safety Committee. There was discussion. The two components of the
ordinance are the 45/55 split and a clarification of the ferry deficit reimbursement.
This has been going on since 2012. He requests the Council to move forward
tonight.
Crawford moved to adopt the ordinance.
Brenner stated they talked about the money the County gets from the State being a
part of this formula. She couldn't tell if it's been changed. Abart stated this ordinance just
clarifies language. It doesn't change anything. The 45/55 split is changing. Now, the 45
percent is calculated on the total expenses. The 55 percent is calculated on an adjusted
total, which is the total expenses minus about three different items. In 2012, the real split
was 50.7 percent of the actual expenses. This ordinance requests that the 45 percent be
calculated on the exact same number on which the 55 percent is calculated.
Whatcom County Council, 8/6/2013, Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
Brenner stated the calculation is confusing. A bothersome change was made to it a
few years ago. They said the docks are now part of the 55 percent. A dock is part of a
road. The definition should change. The wording is confusing.
Kershner asked who pays the amount that isn't accounted for when the two
percentages are calculated on different numbers. Abart stated it's absorbed by the ferry
fund. They have to always make sure there is enough money in the ferry fund, which is
funded by ferry fares. It's built up to about $1.2 million. They are supposed to keep the
balance at $1.5 million.
Kershner asked what is affected by the calculation change. Abart stated the ferry
fund would be impacted. It would make it easier to explain. The road fund would
contribute about $80,000 per year less. The change is fairer and more reasonable and
equitable. It's also easier to explain. The ferry fund would pick up the $80.000. The road
fund contributes to the cost of the ferry in many ways. It still contributes the 45 percent.
The current calculation is confusing and difficult to explain to people. Eliminate that
confusion.
Kremen asked the recommendation from the Lummi Island Ferry Advisory
Committee.
Mike McKenzie, Lummi Island Ferry Advisory Committee Chair, stated the Advisory
Committee gave a full presentation in committee. They must examine the 45/55 split
because it's become arbitrary. That's a different issue. Leave the ordinance in place as it
is.
Abart asked if the advisory committee has a position on the 45/55 split.
McKenzie stated it needs a study. They don't support applying the split to the same
calculation. (Inaudible.)
Crawford stated it's time to discuss whether the 45/55 split is appropriate. Other
counties collect a higher percentage of their ferry costs from the ferry fares. Right now, the
folks have a good deal relative to other systems in the State, although the systems do have
significant differences. Consider additional fare box recovery in light of significant upcoming
expenses due to the replacement of the Whatcom Chief. They are going to have to look at
every resource available to the maximum extent.
Brenner stated the main reason for the committee discussion was regarding the
money from the State. She's not comfortable without calculating the amount from the state
being included for the ferry. Revisit the issue of the docks. This shouldn't happen until
those issues are resolved.
Kershner stated she hears that Mr. Abart is trying to make a complicated issue less
complicated. However, there are many other complicated issues imbedded in that issue.
Because the advisory committee is opposed to the ordinance, she will vote against this
tonight. However, this entire discussion of costs, the 45/55 split, and clarification should
happen.
The motion failed by the following vote:
Ayes: Mann, Crawford and Kremen (3)
Nays: Kershner, Knutzen and Brenner (3)
Absent: Weimer (1)
Whatcom County Council, 8/6/2013, Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
(Clerk's Note: The Council continued discussion of this item during Other Business.)
6. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
LEIGHTON OVERSON TO THE WHATCOM COUNTY AGRICULTURAL ADVISORY
COMMITTEE (AB2013 -288)
Mann moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Mann, Brenner, Crawford, Knutzen, Kershner and Kremen (6)
Nays: None (0)
Absent: Weimer (1)
INTRODUCTION ITEMS
Brenner moved to accept Introduction Items one, two, and four.
The motion carried by the following vote:
Ayes: Mann, Brenner, Crawford, Knutzen, Kershner and Kremen (6)
Nays: None (0)
Absent: Weimer (1)
1. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY CODE TO
ALLOW PACKINGHOUSES IN THE AGRICULTURE ZONING DISTRICT
(AB2012 -300C)
2. ORDINANCE REPEALING ORDINANCE 2013 -037, WHICH IMPOSED AN
INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR
DIVISIONS OF LAND RESULTING IN LOTS SMALLER THAN FIVE ACRES
WITHIN THE LAKE WHATCOM WATERSHED (AB2013 -277)
3. ORDINANCE AMENDING WHATCOM COUNTY 2013 UNIFIED FEE SCHEDULE
TO INCORPORATE "FERRY NON - PAYMENT FEE" (AB2013 -289)
Brenner stated she would like it to wait to have the hearing in October when the
ferry is out of dry dock. Do not introduce the ordinance tonight.
Frank Abart, Public Works Department Director, stated this is a component of the
policy and procedure for people who don't pay. He's done his part to bring the issue
forward.
Kremen asked when people will be able to buy tickets with credit cards.
Abart stated he does not know at this time. They are evaluating the technology, and
it needs to be tested the last quarter of this year. He has no idea if it's going to work.
Kremen stated there may not be enough effort that is being put into this. They've
been dealing with this issue for several months already. The time has come to deliver a
request that this Council has made for several months or over a year. Continually delaying
the potential for implementation is unacceptable.
Whatcom County Council, 8/6/2013, Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
Crawford stated he suspects the problem is doing a transaction via a cell phone.
Even in a place of business with landlines, the credit card function goes down often. Trying
to do it over a cell phone will have problems. It would be nice to have the testing done
sooner rather than later. There are probably vendors that would like to sell the County a
system. However, it will be challenging to have a live action, secure credit card data
transfer from the ferry.
Crawford moved to introduce the item tonight and delay the work session and
hearing until after the end of the dry dock.
The motion carried by the following vote:
Ayes: Mann, Crawford, Knutzen, Kershner and Kremen (5)
Nays: Brenner (1)
Absent: Weimer (1)
4. RESOLUTION APPROVING RECOMMENDATIONS ON APPLICATIONS FOR
OPEN SPACE CURRENT USE ASSESSMENT (AB2013 -290)
OTHER BUSINESS
S. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 10.34, FERRY
RATES (PROPOSED AMENDMENT CHANGES THE METHOD OF CALCULATING
THE 45% ROAD FUND SUBSIDY OF THE FERRY OPERATIONS EXPENSES)
(AB2013 -162)
Kershner stated she would like direction from Council about how to review the 45/55
fare structure allocation.
Greg Brown, Lummi Island Ferry Advisory Committee, stated the committee has very
informed individuals. There is no communication between the Lummi Island Ferry Advisory
Committee (LIFAC) and anyone else in the County. Until they get that communication, the
LIFAC will not help do anything. They're frustrated.
Kershner asked if this could go into the Public Works Committee to develop direction
to the Public Works Department and the LIFAC.
Brenner state it can be scheduled in her committee. In addition, she requests a
presentation from the Planning Department on a non - conforming use versus a non-
conforming building. People are telling her that they are having problems getting a loan on
a building that is nonconforming. She would like to hear more about the differences
between the two.
Mark Personius, Planning and Development Services Department, stated he can give
a briefing at the Planning and Development Committee meeting.
Brenner stated she will contact the Executive and ask for the presentation.
Personius asked that Councilmember Brenner be as specific as possible about the concerns
so he can provide relevant information.
Whatcom County Council, 8/6/2013, Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Kremen reported that Whatcom County lost a special individual in Dr. Dan Cheney,
who passed away from a long time illness. He was the former president of the Bellingham
Rotary Club and a well -known philanthropist in the community. There will be a service this
Sunday at the First Congregational Church on Cornwall Avenue.
Brenner reported that a crisis happened to her recently. A woman stopped and
helped her, but she only got her first name, which is Mitzy. She would like to be able to
thank her. She is grateful there are people like that in Whatcom County.
Kershner reported that she thanks the emergency medical system (EMS) in Whatcom
County and St. Joseph Hospital staff who gave her excellent care and treated her very well.
She is fine and back to business as usual.
Mann reported that it is important for councilmembers to give visibility to community
programs. He attended the Project Homeless Connect annual event. All the service
providers, including hair stylists, doctors, dentists, and many others come together in one
spot. There are many amazing volunteers. He recommend that people volunteer next year.
Knutzen reported on Engedi Ministries. He didn't realize how many of the local youth
are sold into the sex industry. The ministry is taking those women out of the industry and
trying to education them, get them off drugs, and build their self- esteem. It's a huge
problem, and he is glad to see someone dealing with it.
ADJOURN
The meeting adjourned at 8:11 p.m.
The Council approved these minutes on September 10, 2013.
ATTEST:
Council Clerk
- Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kathy Kershner, Council Chair
Whatcom County Council, 8/6/2013, Page 9