HomeMy WebLinkAboutCouncil December 10 20131
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WHATCOM COUNTY COUNCIL
Regular County Council
December 10, 2013
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 7:01 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(7:02 :43 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy
Kershner, Carl Weimer and Pete Kremen.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS (7 :03 :43 PM)
Kremen presented Councilmembers Kershner and Knutzen with Certificates of
Appreciation for their service as Whatcom County Councilmembers. He stated serving the
public is difficult and takes much personal time.
Councilmember Knutzen served on the Council with integrity and as an advocate for
the agricultural community. They are losing his knowledge and a steadfast supporter of the
agricultural community.
Councilmember Kershner is a naturally skilled public official. She has served as the
Council Chair adeptly and gracefully. He has high regard for her. He read the certificates
for Councilmembers Kershner and Knutzen.
MINUTES CONSENT (7 :10 :25 PM)
1. REGULAR COUNTY COUNCIL FOR NOVEMBER 12, 2013
Brenner moved to approve the minutes.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
Whatcom County Council, 12/10/2013, Page 1
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OPEN SESSION
(7:10:55 PM)
The following people spoke:
• Greg Brown submitted a handout (on file) and spoke about the following
agenda items from the day's committee meetings: the Agriculture Watershed
pilot project (AB2013- 080A), the contract for legal counsel (AB2012- 422C),
and the purchase of replacement pickup trucks (AB2013 -413 and AB2013-
414), and thanked Councilmembers Knutzen and Kershner.
• Daylene Weidkamp spoke to thank Councilmembers Kershner and Knutzen for
their service to Whatcom County and integrity during their campaigns.
• Melody Kirk spoke to thank councilmembers for standing up for the county
citizens.
• Ray Baribeau spoke to thank the councilmembers for their work on the
process to build a new jail.
CONSENT AGENDA
(7 :17:19 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through eight, ten through 23, 27, and 28.
Kershner stated item 24 was withdrawn from the agenda.
Brenner withdrew items 11, 12, and 28.
Knutzen referenced item ten and stated he's disappointed the federal government is
cutting funding for the research on the digester program in Whatcom County, while they are
pouring money into green energy, which isn't progressing. The product in Whatcom County
has made immense progression and technological advances, but is not being rewarded. It's
disappointing they are subsidizing wind energy in the amount of $52 per megawatt, but
can't find the funding for something making as much progress as the digesters in Whatcom
County. It's a great product. Cooperative Extension has been invaluable helping with those
things.
The motion to approve Consent Agenda items one through eight, 10, 13 through 23,
and 27 carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
1. REQUEST APPROVAL OF THE CORRECTIONS DEPUTIES AND SERGEANTS
COLLECTIVE BARGAINING AGREEMENT (AB2013 -404)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ACCEPT SUN
LIFE STOP -LOSS POLICY FOR INSURANCE PROTECTION FOR THE SELF -
INSURED MEDICAL PROGRAM FOR 2014 (AB2013 -405)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE A
SETTLEMENT AGREEMENT EXTENDING THE INTERNATIONAL
ORGANIZATION OF MASTERS, MATES AND PILOTS AND INLANDBOATMEN'S
Whatcom County Council, 12/10/2013, Page 2
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UNION OF THE PACIFIC COLLECTIVE BARGAINING AGREEMENT (AB2013-
406)
4. RESOLUTION ORDERING THE CANCELLATION OF ACCOUNTS RECEIVABLE
MORE THAN A YEAR OLD (AB2013 -407)
5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT ADDENDUM BETWEEN WHATCOM COUNTY AND DR. STUART
ANDREWS FOR PHYSICIAN SERVICES AT THE WHATCOM COUNTY JAIL AND
WORK CENTER, IN THE AMOUNT OF $7,747.50, FOR A TOTAL AMENDED
CONTRACT IN THE AMOUNT OF $23,775 (AB2013 -408)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
BELLINGHAM FOR JOINT USAGE OF THE VACTOR WASTE SITE FACILITY
FROM JANUARY 1, 2014 THROUGH DECEMBER 31, 2014 (AB2013 -409)
7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND BENNETT
ENGINEERING, LLC FOR CEDARVILLE AND Y ROAD LANDFILL MONITORING
SERVICES, IN THE AMOUNT OF $28,075, FOR A TOTAL AMENDED CONTRACT
IN THE AMOUNT OF $132,410 (AB2013 -410)
8. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND WHATCOM
BUILDERS, INC. FOR CONSTRUCTION OF HOVANDER TRAIL, IN THE AMOUNT
OF $37,740.99, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF
$153,184.99 (AB2013 -411)
9. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND VAN NESS
FELDMAN GORDONDERR, ATTORNEYS AT LAW FOR LEGAL
REPRESENTATION, IN THE AMOUNT OF $10,000, FOR A TOTAL AMENDED
CONTRACT IN THE AMOUNT OF $100,000 (AB2012 -422C)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request. He is against the motion. He doesn't want to pay Seattle attorneys
to represent the County before the County has a chance to sit down with the folks to find
out what they want.
Brenner stated they had every opportunity to sit down with anyone they wanted.
Once the County says it's not going to do something, it is not able to negotiate anything
because the deadline goes by. This is one of the most important issues she's ever dealt
with on the County Council. It deserves to be appealed. More than half the people in
Whatcom County could be affected, and many of them don't realize it. The County has tried
very hard to make water quality better and have sustainable water quantity. The same
group of people are appealing everything the County does. The Hearings Board shouldn't
act politically, but it does. Instead of saving money, it's just created another level of
lawsuit. She's willing to compromise, but not on water for people. People deserve to be
able to use their water and should not have to prove their drinking water isn't causing
problems. She supports the possibility of tightening things up. It's outrageous that the
Hearings Board can determine whether they can use water in Whatcom County.
Whatcom County Council, 12/10/2013, Page 3
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Knutzen stated he agrees with Councilmember Brenner. The United States was
formed because of taxation without representation. The rural folks count on the County to
represent their interests. That's what they're doing. They can't afford to get an attorney
and sue. He supports the motion. Fight for the folks in the county who will be affected by
this.
Weimer stated he is also against the motion. He agrees with Councilmember Mann
that they haven't talked with the people who are challenging this. When the Growth
Management Hearings Board made its ruling, it listed many things the County can do to
address the issues. The County hasn't begun to address any of those things, and many of
those things are far short of the concerns about taking away rights to use water. The local
people may be willing to come to a settlement that stops far short of affecting people's
ability to use their water. If they continue to push this through the court, they could end up
with a court decision that requires the County to do that. It's better to talk to these people
now rather than let the court set something in stone that might have a negative effect on
people throughout the county.
Brenner stated she supports talking to the people who are suing the County. Once
the deadline goes by, the County has nothing to negotiate with. It would be nice if
Councilmembers Weimer and Mann talk to them and bring forward information.
Mann stated it's not fair to criticize him for failing to bring forward a mediation when
everyone else except Councilmember Weimer said it was a bad idea and they wouldn't
support it. His interpretation of the lawsuit is different. It isn't a question of fighting for
rural folks and their water rights. It will come short of that level of enforcement. There are
easier things to do. He'd rather fund the Planning Unit with this kind of money so they can
get a comprehensive water solution in place.
Brenner stated she didn't suggest that Councilmember Mann put together a
mediation. Councilmember Mann knows the people and agrees with them. He could talk to
them to give the Council some idea of what they want. She would still support this motion.
The County must not lose its ability to appeal.
Mann stated he doesn't necessarily agree with them. The Hearings Board
overstepped. This action isn't the solution to this adversarial relationship that he would
recommend. He's been saying that all along.
Kremen stated he is in favor of the motion. This issue came up at a recent
Washington State Association of Counties Legislative Steering Committee meeting. Every
county at the meeting said they adamantly wanted Whatcom County to continue the appeal.
This may adversely affect all counties in the state. The decision of the Growth Management
Hearings Board was overreaching. Whether or not there could be successful mediation with
the litigants is not the primary issue. This is about the Growth Management Hearings
Board, which is only accountable to the Governor. It is not accountable to the people. The
members are appointed and have far too much power for any unelected official. Their
decision and others like it go beyond their authority. It's a significant problem for the entire
state. Whatcom County must continue the appeal of the Hearings Board decision.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Knutzen, Kershner and Kremen (5)
Nays: Weimer and Mann (2)
Whatcom County Council, 12/10/2013, Page 4
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10. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AMENDMENT TO A MEMORANDUM OF AGREEMENT BETWEEN WHATCOM
COUNTY AND WASHINGTON STATE UNIVERSITY FOR JOINT SHARING OF
COSTS FOR FACULTY POSITIONS IN WSU EXTENSION, IN THE AMOUNT OF
$113,542, FOR A TOTAL AMENDED AGREEMENT IN THE AMOUNT OF
$1,138,542 (AB2013 -412)
11. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID 13 -95
FOR REPLACEMENT PICKUP TRUCKS TO THE LOW BIDDER, BUD CLARY OF
MOSES LAKE, IN THE AMOUNT OF $263,688.81 (AB2013 -413)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request. More information has come forward.
Brenner stated the information from the Public Works Department she received
today was not much help. She wants information on whether the new trucks are more
energy efficient. The mileage on the old trucks is low and County maintenance is very
good. She is against the motion.
Kremen stated there is a concern that a dealership in Moses Lake received the bid.
There is a reason it did. That particular dealership was awarded the State contract. It's
almost impossible to beat that State contract. Many other dealers around the state don't
even bid because they know they can't be competitive.
Brenner stated they can beat the State contract by not using it.
The motion carried by the following vote:
Ayes: Crawford, Knutzen, Kershner, Weimer and Kremen (5)
Nays: Brenner and Mann (2)
12. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID 13 -96
FOR REPLACEMENT SMALL PICKUP TRUCKS TO THE SOLE BIDDER, BUD
CLARY OF MOSES LAKE, IN THE AMOUNT OF $87,950.37 (AB2013 -414)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
item.
Brenner stated she is against the motion for the same reason as the previous agenda
The motion carried by the following vote:
Ayes: Crawford, Knutzen, Kershner, Weimer and Kremen (5)
Nays: Mann and Brenner (2)
Jack Louws, County Executive, stated the maintenance and replacement schedule
was amended and extended last year, which saved over $1 million. If the Council wants to
discuss changing it again next year, he's willing to do that.
Brenner stated extend the mileage further and save more money. It's possible to
keep older vehicles in shape. It's insulting to the taxpayers. The maintenance and
operations department keeps the vehicles in good condition. People who buy County
equipment at auction pay almost nothing.
Whatcom County Council, 12/10/2013, Page 5
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13. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID 13 -98
FOR CARDLOCK FUEL SERVICE TO THE SOLE BIDDER, REISNER
DISTRIBUTOR, INC., IN THE AMOUNT OF APPROXIMATELY $400,000
(AB2013 -415)
14. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND ARAMARK CORRECTIONAL
SERVICES, LLC FOR JAIL FOOD SERVICE, IN THE AMOUNT OF $1.114 PER
MEAL (AB2013 -416)
15. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST REGIONAL
COUNCIL TO OVERSEE THE JAIL HEALTH PROGRAM, IN THE AMOUNT OF
$1,151,666 (AB2013 -417)
16. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND LYDIA PLACE
FOR CASE MANAGEMENT AND SUPPORT SERVICES TO INDIVIDUALS
RECEIVING SUBSIDIES THROUGH THE WHATCOM HOMELESS SERVICE
CENTER IN AN AMOUNT NOT TO EXCEED $113,997, FOR A TOTAL AMENDED
CONTRACT IN THE AMOUNT OF $396,992 (AB2013 -418)
17. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM CENTER FOR
EARLY LEARNING FOR SUPPORT SERVICES TO PARENTS OF CHILDREN WITH
DEVELOPMENTAL DISABILITIES AND DELAYS, IN AN AMOUNT NOT TO
EXCEED $37,620 (AB2013 -419)
18. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND OPPORTUNITY COUNCIL TO
OPERATE THE WHATCOM HOMELESS SERVICE CENTER, IN AN AMOUNT NOT
TO EXCEED $937,201 (AB2013 -420)
19. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND NORTHWEST
YOUTH SERVICES TO PROVIDE CASE MANAGEMENT AND SUPPORTIVE
SERVICES TO THOSE INDIVIDUALS RECEIVING RENTAL SUBSIDIES, IN AN
AMOUNT NOT TO EXCEED $61,928, FOR A TOTAL AMENDED CONTRACT IN
THE AMOUNT OF $247,712 (AB2013 -421)
20. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND MT. BAKER FOOTHILLS
CHAMBER OF COMMERCE FOR PROMOTION AND OPERATION OF THE MT.
BAKER FOOTHILLS VISITOR INFORMATION CENTER, IN THE AMOUNT OF
$80,000 (AB2013 -422)
21. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND CHRISTINE PHELAN, MA,
CMHS, LMFT FOR MENTAL HEALTH TREATMENT SERVICES, IN AN AMOUNT
NOT TO EXCEED $20,000 (AB2013 -423)
Whatcom County Council, 12/10/2013, Page 6
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22. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND ARAMARK CORRECTIONAL
SERVICES, LLC TO PROVIDE COMMISSARY SERVICES FOR THE WHATCOM
COUNTY JAIL AND WORK CENTER (AB2013 -424)
23. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
JOINT LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND THE PORT OF
BELLINGHAM AND THE CITY OF BELLINGHAM FOR THE PURPOSE OF
HOUSING AN EMERGENCY OPERATIONS CENTER, IN THE AMOUNT OF
$100,000 (AB2013 -425)
24. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
BELLINGHAM AND THE PORT OF BELLINGHAM FOR THE PURPOSE OF
ENSURING CONSISTENCY IN DELIVERY OF ECONOMIC DEVELOPMENT
SERVICES, IN THE AMOUNT OF $405,000 (AB2013 -426)
25. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND FIRE
PROTECTION DISTRICT 7 FOR THE PROVISION OF ALS SERVICES, IN THE
AMOUNT OF $4,040,374 (AB2013 -427)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request. He is against the motion. He has been opposed to segregating the
Medic One system from the beginning. He gives credit to everyone involved for coming up
with this plan going forward, which will be adequate. Moving toward a more disintegration
of the system is the wrong direction. It's a philosophical objection.
Brenner stated she supports the motion. She's impressed and pleased that the Fire
District 7 and City firefighters agree on this. The County keeps this an integrated system.
That's the way it should be. They are going to have to use different fire districts to respond
to areas far out in the county. They've come to a solution everyone can handle.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Knutzen, Kershner, Weimer and Kremen (6)
Nays: Mann (1)
26. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
BELLINGHAM FOR THE PROVISION OF ALS SERVICES, IN THE AMOUNT OF
$15,371,865 (AB2013 -428)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request. He is against the motion for the same reason as the previous
agenda item.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Knutzen, Kershner, Weimer and Kremen (6)
Nays: Mann (1)
27. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND BAYSIDE
PATHOLOGY TO EXTEND EXISTING MEDICAL EXAMINER SERVICES FOR TWO
Whatcom County Council, 12/10/2013, Page 7
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MONTHS, IN THE AMENDED AMOUNT OF $68,658, FOR AN AMENDED
CONTRACT IN THE AMOUNT OF $2,333,589 (AB2013 -429)
28. REQUEST COUNCIL CONFIRMATION FOR SECOND YEAR EXTENSION OF THE
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM, WHATCOM
COUNTY, AND THE PORT OF BELLINGHAM FOR THE PROVISION OF
PROFESSIONAL SERVICES RELATED TO GOVERNMENT AFFAIRS (AB2013-
258B) (7:44:11 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Brenner stated this is for a lobbyist, and Councilmember Kremen is able to perform
the same service with all his connections in Olympia. She is against the motion.
Kremen stated he could augment the work of a lobbying group. He has concerns
about the ratio of costs shared by the Port, City, and County. Conflicts exist that make it
difficult for the same group to represent all three entities, because the three entities don't
always share the same position on the same issue. A paid lobbyist could be beneficial.
There is value from partnering with the Port and City, but the County is not adequately
served by one single lobbying group representing all three. He's reluctantly willing to
approve it for one more year to support the Executive and his staff. If the results are as
mediocre as they were for 2013, he will no longer support the arrangement and suggest the
County hire its own lobbyist for the same amount of money the County contributes to the
joint venture. He could be of value in Olympia, but is not in the position to take on the
duties of a lobbyist, and he has no desire to do that beyond representing the Council on the
Washington State Association of Counties Legislative Steering Committee.
Brenner stated any elected official can go to Olympia and lobby on behalf of the
County. They didn't get anything out of the contract this year. They can do as well or
better if councilmembers lobby.
Jack Louws, County Executive, stated the lobbying agreement is in his benefit. By
not having a full time deputy administrator, his time is focused on what is going on in
Whatcom County. This agreement may seem disproportionate to the amount the County
contributes, but the agreement provides a way to address any disagreements in policy. If
the County hires his own lobbyist, he will still discuss those issues with the Bellingham
Mayor to be transparent. This arrangement works out well for him. He is able to find out
what is going on in Olympia weekly. The last legislative session was more about protecting
what the County already has and preventing any damage from the State. He asked for
Council's support. He may bring forward new ideas next year about his role and his office's
role in County government. It's important to have someone in Olympia working on the
County's behalf. It helps the County to work productively with the City and Port.
Brenner stated working without a lobbyist shouldn't interfere with the County's
productivity with the City and Port. She would like to know the exact amount Mr. Desler
earns. She suspects it will end up being the same amount or more.
The motion carried by the following vote:
Ayes: Mann, Crawford, Kershner, Weimer and Kremen (5)
Nays: Knutzen and Brenner (2)
Whatcom County Council, 12/10/2013, Page 8
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OTHER ITEMS
1. ORDINANCE CLOSING YEW STREET ROAD PROJECT BUDGET FUND 335
(AB2013 -397) (7:56 :36 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
2. ORDINANCE CLOSING LINCOLN ROAD PROJECT BUDGET FUND 336
(AB2013 -398) (7 :57 :14 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
3. ORDINANCE AMENDING THE 2013 WHATCOM COUNTY BUDGET, FIFTEENTH
REQUEST, IN THE AMOUNT OF $2,968 (AB2013 -399) (7 :57 :40 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
4. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, THIRD
REQUEST, IN THE AMOUNT OF $326,000 (AB2013 -402) (7 :58 :08 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
5. RESOLUTION REGARDING A BOUNDARY LINE ADJUSTMENT BETWEEN
WHATCOM COUNTY AND DOROTHY COPP (AB2013 -403) (7 :58 :54 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the resolution.
Crawford asked the costs to Ms. Copp.
Mike McFarlane, Parks and Recreation Department, stated the price for sale is listed
in the resolution. She is responsible for other costs including the survey and boundary line
adjustment costs.
Whatcom County Council, 12/10/2013, Page 9
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The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
6. RESOLUTION REQUESTING AUTHORIZATION FOR THE ACQUISITION OF
1500 N. STATE STREET BUILDING AND PROPERTY (AB2013 -368)
The administration withdrew this item from the agenda and it is held in committee.
7. ORDINANCE TO REPLACE THE EMERGENCY MEDICAL AND AMBULANCE
ADVISORY BOARD ESTABLISHED THROUGH WHATCOM COUNTY ORDINANCE
NO. 82 -109 AND AMENDED THROUGH ORDINANCE 2006 -007 (CODIFIED IN
WHATCOM COUNTY CODE AS CHAPTER 5.04.080) WITH THE EMS
OVERSIGHT BOARD AND TECHNICAL ADVISORY BOARD DEFINING THE
COMPOSITION AND DUTIES OF THESE NEWLY ESTABLISHED BOARDS
(AB2013 -384) (8:00:34 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Knutzen, Kershner, Weimer and Kremen (6)
Nays: Mann (1)
Jack Louws, County Executive, stated he thanks the Council, fire chiefs, his staff,
Dewey Desler, and others for all their help on this issue. He hopes to resolve this issue for
some time. There are still funding challenges that the community will have to deal with. He
looks forward to working with the Technical Advisory Board and Oversight Board to provide
some direction. This ordinance will benefit the community. It's not perfect, but will allow
them to move forward with providing this service to Whatcom County. He will engage the
community in the next two or three years to put this service on track financially.
8. DISCUSSION AND RECOMMENDATION TO COUNCIL (ACTING AS THE
WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF
SUPERVISORS) REGARDING REPRESENTATION ON THE WRIA 1 PLANNING
UNIT (AB2013 -401) (8 :04:15 PM)
Brenner reported for the Public Works, Health, and Safety Committee and moved
to approve the Council having representation on the water resource inventory area (WRIA)
1 Planning Unit.
Crawford stated County Prosecutor Dan Gibson reinforced his position from his letter,
which said the 1999 rules apply on how this committee is made up.
Brenner stated that's not what Mr. Gibson said. He said this was belated, and if they
are going to make changes, they need to get all the governments involved. This would just
be a change within Whatcom County government.
Karen Frakes, Prosecutor's Office, stated she spoke with Prosecutor Dan Gibson, and
he stands by his position in his email that the action proposed is not appropriate. Revised
Code of Washington (RCW) 90.82.060 clearly say that the action proposed isn't appropriate
at this time.
Whatcom County Council, 12/10/2013, Page 10
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Brenner stated that statement is vague. They are not changing the membership of
the Planning Unit. Now, an administrative staff person is a voting member of the Planning
Unit. Instead, an elected official who answers directly to the public would represent
Whatcom County on the Planning Unit. The staff person would still be there as a technical
advisor. The same amount of people would represent Whatcom County to influence the
decisions of the Planning Unit.
Kremen stated Ms. Frakes is correct in that Mr. Gibson was firm in his opinion. He
also heard Mr. Gibson say that nothing prevented them from making changes. He got
mixed messages from Mr. Gibson today. It seems like after the meeting concluded, he had
a change of heart.
Weimer stated Mr. Gibson said that there were a number of agreements in 1999
among the initiating governments. Those agreements said the initiating governments would
appoint the technical and professional staff. Nothing precludes the Council from asking the
initiating governments to change the membership to allow an elected official, but that's not
the motion. The motion is just to do it. The motion would need to change to ask the
initiating governments to allow a councilmember to serve instead of the professional staff.
Mann stated he didn't hear mixed messages from Mr. Gibson. Mr. Gibson said there
is a lack of clarity and vagueness in the law. The County should have a right to appoint
whom it wants on the Planning Unit. They would be safer to go through the Joint Board, let
them know the Council's intent, and get their approval. If the Council doesn't get that, it
can reconsider doing it anyway. Mr. Gibson didn't provide mixed messages. He was
consistent saying the history is to appoint a staff person, but there is a lack of clarity that
allows them to do otherwise.
Jack Louws, County Executive, stated he agrees with Councilmember Weimer. The
County signed an agreement in 1999 as a member of the initiating governments, which
says clearly that the representatives of the initiating governments will be technical qualified
staff persons. That's the way it has been from 1999 until now. If the motion is going to be
made, it would be appropriate for the Council to ask to amend the 1999 interlocal
agreement to allow a councilmember to serve as a representative. The Council passed a
resolution a few months ago that asked the Planning Unit to be advisory to the Council. He
asked if the Council wants a voting member on an advisory committee that will report back
to the Council on decisions the Council will make. The County must ask the initiating
governments for permission to make this change.
Brenner stated keep the technical professional staff on the Planning Unit. Nothing
says that is the only person who can be the County's vote. Keeping the membership the
way it is works well for the Executive. It doesn't work well for some councilmembers. The
Council is supposed to be a check and a balance to the administration. It's hard to do that
when the Council's representative on the board is an administrative staff person. The
Council doesn't have to get permission from anyone as long as they keep one vote for
Whatcom County. Chris Brueske does a great job and should stay involved as technical
assistance. That doesn't preclude the County from having an elected official on the Planning
Unit. She can see how Executive Louws likes it the way it is.
Louws stated Councilmember Brenner is making a statement he doesn't necessarily
agree with. It is what it is. It's not about whether he likes it. Mr. Brueske is taking a new
position outside of County employment soon. He's been a true gentleman to work with and
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very professional in how he handles his duties. He's done a fantastic job. They are in the
process of replacing the position.
Crawford stated he is against the motion. He's trying to figure out what problem
they're trying to solve. Dr. Roll served the position for many years. Whenever a policy was
being discussed, Dr. Roll always fully informed the Council and solicited information on the
Council's concerns. Dr. Jon Hutchings did the same. Chris Brueske could also do the same.
This is a lot of technical stuff. It may have been more technical back in the days of trying to
come up with the modeling. A lot of that work has been done now. He was thankful for all
those years the County had Dr. Roll. His support of the Planning Unit recently is partly
based on how well the Planning Unit worked in the past. Some folks are disappointed that
not every outcome anticipated was realized. There is still work to do, but they have
collected a lot of data and information. The interaction between the Council and the work
being done was strong. He'd like to see that continue.
Brenner stated she's doesn't recall Councilmember Crawford attending any of the
meetings. She's been at all the meetings. The members are always asking her questions.
It helps to have a member of the Council there to answer their questions. She plans to
attend the meetings as much as she can. It's been an asset for the Planning Unit to have
her available to answer questions.
Kremen stated water issues have been a high priority in Whatcom County. This
position is critical. He hopes the administration does a thorough search. It's important that
a councilmember who is accountable to the people be a representative on the Planning Unit.
Brenner restated the motion that the Whatcom County Council appoint a
councilmember representing Whatcom County to serve as a decision maker on the Planning
Unit.
The motion failed by the following vote:
Ayes: Brenner, Kremen and Knutzen (3)
Nays: Mann, Crawford, Kershner and Weimer (4)
Kershner stated she would consider a motion to ask the initiating governments to
allow them to change the agreement.
Brenner asked if Councilmember Kershner feels it's appropriate for County
government to not be able to appoint its own representative without agreement of the other
jurisdictions. She has a problem with that.
Kershner stated there is an interlocal agreement that says representation is a
technically qualified staff person. To change the agreement, they must request a change in
the interlocal agreement.
Kremen moved to request that the initiating governments allow the County
representative on the Planning Unit be a member of the County Council.
Brenner stated councilmembers are elected by the public. She's concerned about
allowing other jurisdictions tell the County who can or can't be the County's representative.
Mann stated that is in a contract.
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Brenner stated the contract doesn't preclude the Council appointing a decision -maker
as well as the technical professional.
Mann stated vote for the motion and cooperate on the agreed -upon details of the
interlocal agreement and past procedure. If it works, great.
Crawford stated he won't vote for it because he doesn't have a clear picture of what
problem is being solved. He read the letter from Mr. Brown about his concerns regarding
instream flows. He's had enough experience with this group to know that if the Planning
Unit were ever to get to the point of determining instream flows, which is very far down the
road and extends in to the County Council's involvement, the concern is moot. He supports
having the best and brightest technical staff representing Whatcom County. The best and
brightest from the other agencies are there also. The points of view and contributions from
any one councilmember on the Planning Unit may be very different from other
councilmembers. This process is big and clunky, but it works. The Bellingham Mayor
authored the legislation to make this happen. The councilmember participating in the
Planning Unit will have to spend a lot of time and energy with the group and the materials.
He wonders who will do that. He doesn't know what is broken about the current process.
Kremen stated that what is broken is that there is no longer a representative. When
the Executive appoints someone, the individual won't be that well- versed in water issues.
The Planning Unit deals with public policy, which is the purview of the legislative body, not
the executive branch of government. It's more appropriate that the legislative body have a
representative on the Planning Unit than a representative of the executive branch.
Louws asked if the Council wants the councilmember to be a consensus member.
Kremen stated that is correct. It doesn't preclude including County technical support
staff for technical advice, recommendations, and expertise. He hopes they will appoint an
individual who possesses those qualities.
Louws asked what has changed from 1999, when Councilmember Kremen, as County
Executive, signed the agreement to assign an administrative staff person to the Planning
Unit.
Kremen stated the difference is that the Council gave him the ability to make the
decision. If the Council expressed resistance, he would have been receptive to the wishes
of the legislative body.
Louws stated he will be receptive to the legislative body also. The Planning Unit
representative and relationship with the initiating governments is complex. The Planning
Unit must come up with a work plan and present it to the initiating governments for
funding. There isn't a clear vision of where they're going at this particular time. If the
Council chooses to put a representative on the Planning Unit, it will help him figure out
where they're going. The administration will hire the best person possible for the position of
Assistant Director in the Public Works Department. He is happy to ask for the change from
the initiating governments. The Council and Executive must work together on long- and
short -term plans regarding water issues.
The motion carried by the following vote:
Ayes: Brenner, Mann, Knutzen, Kershner and Kremen (5)
Nays: Crawford and Weimer (2)
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OTHER BUSINESS (8 :39:03 PM)
WHATCOM COUNTY AGRICULTURAL - WATERSHED PILOT PROJECT PRESENTATION
AND UPDATE ON PROGRESS IN THE PROJECT TO DATE (AB2013 -080A)
Weimer reported for the Natural Resources Committee.
Crawford moved that this project be put on hold until this review committee is
restructured to include a majority of large acreage landowners currently engaged in active
farming in Whatcom County, including representatives of the potato, berry, and dairy
industries.
Weimer stated he is against the motion. There was misunderstanding about the use
and function of the review committee. It isn't a committee that votes on things. They
listen to and provide a broad spectrum of information. Farm Friends indicated that there is
good representation from all those industries as board members of Farm Friends, which is
very aware of and supports this project. The motion is unnecessary and slows down this
grant opportunity that could provide good incentive solutions that might help avoid more
regulations.
Crawford stated the majority of review board members are government agency
representatives. There are a few farmer names, but not many. The two citizen members
are constantly litigating against the County and conducting themselves in a way that doesn't
make it appropriate for them to be on a review committee of agricultural land policy. If
they had a track record of working with the County and supporting the Council's goals, he
could understand it. They have cost the County hundreds of thousands of dollars in
litigation. This is about creating incentives for environmental protection on agricultural
land. It's not right they should be on a committee trying to determine what those
incentives are, particularly when the committee is under - represented by people who will be
most impacted, the large acreage farmers. The motion is not to stop the process. The
merits of the program are good. Government should create incentives. To make the
program workable, it needs strong participation and representative of the people who will be
impacted. He wants to ensure that the majority of folks in this review group are large
acreage land owners that will be impacted by this program.
Kershner asked how the review group was selected.
Crawford stated anyone who said they would attend are in the group.
Brenner stated they don't know who was invited.
Crawford stated there wasn't a selection process. People who responded were
allowed to participate. He's concerned that many who would be impacted aren't aware this
exists. The real question is whether the group can come up with workable ideas rather than
theoretical ideas. People who work the land would provide a reality to the table.
Brenner stated the three large property farmers that Councilmember Crawford was
concerned about, who are Polinder, Mayberry, and Bedlington, are all members of Farm
Friends and kept informed by Farm Friends. They don't have time to participate
themselves. Henry Bierlink works for them. A number of large property farmers are aware
of this through Farm Friends. She doesn't want to hold this up. She would like to know
who was invited to participate. The review committee representation is lopsided, but she
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doesn't see the large property farmers getting more involved than they are through Farm
Friends.
Mark Personius, Planning and Development Services Department, stated the
committee includes 13 members that include citizen and agency personnel. They are
selected for expertise or interest in watershed or agriculture. When the process was put
together, staff solicited folks who may be interested via email, outreach, the Agricultural
Advisory Committee, Purchase of Development Rights (PDR) Committee, Farm Friends, and
the Conservation District. At least four farmers were specifically invited to participate but
declined due to lack of time. Of the 13 committee members, six represent the agricultural
community. They're not necessarily all farmers. Staff welcomes suggestions from Council
to add specific members. Most farmers don't have the time to commit to this.
Brenner stated the two citizen slots should be more diverse. Both citizens have
exactly the same perspective. There should be a balance. Personius stated he agrees.
Because the project melds watershed planning and agricultural management, it must also
include environmental interests as well as agencies, public interests, and agriculture.
Kershner asked how they expect the farm community to participate in the program if
they don't even have time to find out what the program is about. Personius stated the
consultant team gives regular briefings to the Agricultural Advisory Committee, PDR
Committee, Farm Friends, and Conservation District, and Henry Bierlink updates farmers in
his regular email. There is a project update strategy. They still need input on agricultural
drainage issues and welcome participation from other citizens.
Weimer stated phase two of this
who have volunteered for a pilot project
open to changing the review committee.
the committee was restructured.
project involves agricultural community members
on their properties. The contractor and staff are
He asked if the motion is to put this on hold until
Crawford stated his intent is that the group not meet again until it is more
representative of the large active farming landowners in the county.
Weimer stated they weren't planning another meeting anyway for quite some time.
He asked if the projects can continue to move forward and the review committee would not
meet to review things until it is restructured.
Crawford restated the motion for the review committee portion of the project be
on hold until the review committee is restructured to include a majority membership being
large landowners.
Brenner suggested a friendly amendment that the majority membership be more
diverse. They can't force large landowners be on the committee. She doesn't want to stall
the committee completely. Include other citizen members who have been farmers in the
past or have farming interests.
Crawford stated that if that's the case, make the committee smaller so the majority
of the committee includes those landowners. It's up to the staff to create the majority, but
it doesn't mean they have to find people who don't want to serve.
Knutzen suggested the majority be landowners in those areas, regardless of whether
they are in the pilot project areas. Personius stated the two pilot projects aren't yet made
public. They can reach out to more people. He asks Council to suggest specific people.
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Kremen stated farmers are busy farming. In his experience, it's always been a
struggle to get farmers to participate in these kinds of activities. They may have some
distrust of government, or feel their time could be spent otherwise. It's not likely they'll be
able to participate.
Mann stated it's a great idea to diversify the membership, but it's hard to get people
to volunteer on committees. He's not in favor of holding it up until they get a certain
percentage or a certain demographic. Encourage outreach and participation, but don't hold
up the entire process based on that threshold.
Brenner asked if the review board makes final decisions. Personius stated it does
not. It does not vote. It considers ideas. Participation doesn't consent to agree to the
project. They provide feedback to staff and the consultants. All decisions will ultimately
come to the Council.
Brenner stated as long as participation is open and the committee does not make
final decisions, she doesn't want to stop the process and won't support the motion.
The motion failed by the following vote:
Ayes: Crawford and Kershner (2)
Nays: Brenner, Mann, Knutzen, Weimer and Kremen (5)
Knutzen moved to ensure that somehow the committee needs a better balance.
Councilmember Crawford's motion was too specific and it would be too difficult to fill those
positions. It would have been difficult. He withdrew his motion and stated staff must be
aware that he is disappointed in the membership.
OTHER BUSINESS
There was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (9:01 :39 PM)
Weimer reported on the Lake Whatcom Policy Work Group. In 2014, they will search
for a way to make sure all their councils are informed of their work. He thanked
Councilmembers Kershner and Knutzen for their time on the Council.
Knutzen reported that he thanks all, especially staff, who have been great. The
Council has the best staff. He congratulated the Lynden football team and Mt. Baker
football team for winning the State championship. He encourages all councilmembers to
take advantage of any opportunity to go to a party hosted by Western Washington
University President Bruce Shepard and his wife Cindy.
Mann reported that in four years, he has biked or walked to every single Council
meeting because of a campaign pledge he made. He did not make the promise for the next
four years. He also reported that he really appreciates Councilmembers Kershner and
Knutzen and their work on the Council. Everyone on the Council works hard, has integrity,
and loves this community. He credits Councilmember Kershner for her work as Council
Chair.
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Brenner reported that she appreciates the sense of humor of Councilmembers
Knutzen and Kershner. Council Chair Kershner has done well keeping her in line. She
wishes everyone Merry Christmas and Happy New Year.
Kremen reported that he gives accolades to the two departing councilmembers,
which are well deserved. He will miss both on the Council and their friendships. He will
miss Councilmember Kershner's talent as Council Chair. She's been the best Council Chair
he's ever seen. He wishes everyone a safe, peaceful, and meaningful holiday season.
Crawford reported that Councilmembers Knutzen and Kershner have provided
integrity, transparency, and hard work for the citizens. He agrees that the agricultural
committee is losing an advocate in Councilmember Knutzen. He will miss both. He wishes
everyone a Merry Christmas. The Council has accomplished a lot this year. Considering the
challenges faced during the recession, the stresses faced now are a bit less. The
administration has shown great leadership. He's optimistic about the future of Whatcom
County government.
Jack Louws, County Executive, reported that he thanks all councilmembers for the
work they accomplished this year. Everyone came together and advanced many projects to
benefit the citizens. He also thanks Councilmembers Kershner and Knutzen. Working with
them has been a pleasure. He also appreciates that all their conversations that have ended
well with appreciation and compliments. They are class acts.
Kershner reported that she thanks each councilmember. She has had a wonderful
time working with councilmembers and the public. This job has been rigorous, tiring, and
frustrating. It's also one of the most satisfying things she's done in her life. She's found
great wisdom in the community and much support for shaping Whatcom County. She
thanks the citizens who attend all the meetings and participate. She's had to let the media
and others define her for five years. She's been called many things. Tonight she will define
herself as a Christian woman, wife, and mother of three. She intends to stay involved in
the community. This experience has taught her how wonderful the community is and how
much it needs concerned citizens who are willing to volunteer their time. She has faith that
the councilmembers -elect will do a great job. She wishes everyone a Merry Christmas and
Happy New Year.
ADJOURN
The meeting adjourned at 9:18 p.m.
The Council approved these minutes on January 14, 2014.
ATTEST:
, Council Clerk
-, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kathy Kershner, Council Chair
Whatcom County Council, 12/10/2013, Page 17