HomeMy WebLinkAboutCouncil February 12 20131
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WHATCOM COUNTY COUNCIL
Regular County Council
February 12, 2013
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 6:58 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(6 :59:51 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy
Kershner, Carl Weimer and Pete Kremen.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
Knutzen announced that Surface Mining Advisory Committee Member James Carr has
passed away. The Council sends condolences to the family.
Kershner reported for the Committee of the Whole and announced there was a
discussion of costs associated with the proposed reconveyance of trust lands
located in the Lake Whatcom Watershed (AB2012- 066G). The Council will have a
public hearing on the reconveyance on March 12.
Kershner announced there was discussion with Senior Deputy Prosecutor Karen
Frakes regarding potential litigation related to a proposed ordinance amending the
WCC to allow agricultural slaughtering facilities in the Agriculture Zoning District
(AB2012 -300) in executive session during the Special Committee of the Whole meeting at
3:00 p.m.
PUBLIC HEARINGS
1. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS
PROPERTY PURSUANT TO WCC 1.10 (AB2013 -049A) (7 :02 :46 PM)
Kershner opened the public hearing, and hearing no one, closed the public hearing.
Crawford moved to approve the resolution.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 2/12/2013, Page 1
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OPEN SESSION
(7:06: 01 PM)
The following people spoke:
• Terry Montonye spoke about protecting salmon and acreage designated for a park
in Acme.
• Marlene Dawson spoke about water rights and tribal treaties.
• Larry Helm spoke about the Whatcom Integration Team (WIT) process.
• Carl Olson submitted a handout (on file) and spoke about the Lake Whatcom
reconveyance.
• DeLayne Clizbe spoke about a vacancy on the Parks and Recreation Committee.
• Gary Lysne submitted a handout (on file) and spoke about the Lake Whatcom
reconveyance.
• Shane Roth submitted a handout (on file) and spoke about the Lake Whatcom
reconveyance.
• Kris Ungern submitted a handout (on file) and spoke about funding for the Public
Utility District (PUD) in the budget supplemental request (AB2013 -074) and the
Lake Whatcom reconveyance.
• Matt Paskus spoke about disclosure requirements for real estate purchases within
one mile of an airport.
• Scott Hackett, Whatcom County Pomona Granges President, submitted a handout
(on file) and spoke about the stance of granges in Washington State regarding
various legislative issues.
• Anna Martin spoke about docketing the mineral resource land (MRL) zoning
designation.
• Sharon Westergreen spoke about the Lake Whatcom reconveyance.
• Peggy Uppiano spoke about the Lake Whatcom reconveyance.
• Klaus Klix spoke about water resource planning.
• Greg Brown submitted a handout (on file) and spoke about how non-
governmental organizations (NGOs) impact County decisions.
• Meredith Moench spoke about docketing the mineral resource land (MRL) zoning
designation.
• Rand Jack spoke about the Lake Whatcom reconveyance.
• David Stalheim spoke about docketing the mineral resource land (MRL) zoning
designation.
• Gerry Millman, Great Western Lumber Company President, spoke about the Lake
Whatcom reconveyance.
• Jim Elenbaas spoke about the Lake Whatcom reconveyance.
• Ted Wood spoke about the Lake Whatcom reconveyance.
• Tom Westergreen spoke about the Lake Whatcom reconveyance.
• Aubrey Stargill spoke about the Lake Whatcom reconveyance.
• Rud Browne spoke about the Lake Whatcom reconveyance.
• John Kirk spoke about the WIT process and the influence of NGOs on County
government.
• Kris Halterman submitted a handout (on file) and spoke about the Lake Whatcom
reconveyance.
• Ellen Baker submitted a handout (on file) and spoke about the PUD in the budget
supplemental request (AB2013 -074).
Whatcom County Council, 2/12/2013, Page 2
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CONSENT AGENDA
(8:23:24 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through five.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. RESOLUTION REQUESTING STATE LEGISLATIVE ACTION AUTHORIZING THE
ADDITION OF A FOURTH SUPERIOR COURT JUDGE'S POSITION FOR
WHATCOM COUNTY (AB2013 -082)
2. REQUEST APPROVAL OF HEALTH CLERICAL ADDENDUM TO MASTER
COLLECTIVE BARGAINING AGREEMENT EFFECTIVE FEBRUARY 12, 2013
(AB2013 -083)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM COUNSELING &
PSYCHIATRIC CLINIC FOR BEHAVIORAL HEALTH PRIMARY CARE, IN THE
AMOUNT OF $142,115 (AB2013 -084)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SPILLMAN TECHNOLOGIES,
INC. TO ACQUIRE, INSTALL AND MAINTAIN AN ELECTRONIC RECORDS
MANAGEMENT SYSTEM, JAIL MANAGEMENT SYSTEM AND MOBILE DATA
SYSTEM, IN THE AMOUNT OF $1,719,299 (AB2013 -085)
5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
FINKBONNER FLAGGING, LLC FOR TEMPORARY TRAFFIC CONTROL
SERVICES, IN THE AMOUNT OF $40,310 (AB2013 -086)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND PUBLIC
UTILITY DISTRICT NO. 1 RELATED TO WATER SUPPLY PLANNING, IN THE
AMOUNT OF $367,500 (AB2013 -087)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
The motion failed by the following vote:
Ayes: None (0)
Nays: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Whatcom County Council, 2/12/2013, Page 3
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OTHER ITEMS
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND MT. BAKER FOOTHILLS
CHAMBER OF COMMERCE FOR EXPENSES INCURRED IN THE PROMOTION OF
THE BAKER — BIRCH BAY TOURISM PROMOTION PROJECT, IN THE AMOUNT
OF $123,500 (AB2013 -053) (8:25:34 PM)
Mann reported for the Finance and Administrative Services Committee and stated
this item was withdrawn from the agenda.
2. ORDINANCE AMENDING THE 2013 WHATCOM COUNTY BUDGET, SECOND
REQUEST, IN THE AMOUNT OF $916,635 (AB2013 -074) (8:25 :51 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the substitute ordinance submitted by the County Executive this afternoon, which
does not include funding to Public Utility District (PUD) #1. The amended amount of the
ordinance is $661,635.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
3. ORDINANCE AMENDING ORDINANCE 2012 -054, ESTABLISHING THE
SHERIFF'S RECORDS MANAGEMENT SYSTEM PROJECT FUND AND
ESTABLISHING A PROJECT BASED BUDGET FOR PHASE 1 OF THE SHERIFF'S
RECORDS MANAGEMENT SYSTEM PROJECT (AB2013 -075) (8 :27 :09 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
4. ORDINANCE AUTHORIZING AN INTERFUND LOAN TO FINANCE A PORTION
OF THE COST OF REPLACING THE SHERIFF AND JAIL RECORDS
MANAGEMENT SYSTEM (AB2013 -076) (8 :28 :05 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
5. REQUEST APPROVAL OF A CONTRACT AMENDMENT WITH VAN NESS
FELDMAN GORDONDERR, ATTORNEYS AT LAW, TO ASSIST IN
REPRESENTING WHATCOM COUNTY IN GROWTH MANAGEMENT HEARINGS
BOARD CASE NO. 11- 2 -0010C AND CASE NO. 12 -2 -0013 (AB2012 -422A)
(8 :28 :30 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Whatcom County Council, 2/12/2013, Page 4
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Brenner stated she appreciates the work of the Council's legal counsel. However,
she is not impressed with the attorney. She won't support the motion.
Mann stated he won't support the motion because he's tired of throwing money down
this sinkhole. Explore options such as mediation, which may be productive. The County
keeps losing, and they need to try another approach.
Knutzen stated mediation is a sinkhole. They learned that in negotiations with the
Tribe for the ferry lease. Anything they do should have strength. Mediation is a waste of
time. He's not happy with what's gone on. The County should have fought this and hired
an attorney from the very beginning. Rural property owners have been sacrificed and lost
value. He will begrudgingly vote in favor of the motion to keep what they can.
Brenner stated she feels the opposite of Councilmember Mann. They must have the
best attorney possible, and stop changing everything due to threats of lawsuits. The
Hearings Board is the most political body anywhere. This method for appointing people is a
joke. The real judges are the Superior Court. People on the Hearings Board can be anyone,
and are appointed by people with a certain political persuasion. They should take it to
Superior Court with an attorney who actually wins cases.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Knutzen, and Kershner (4)
Nays: Mann, Brenner, and Weimer (3)
(Clerk's Note: Discussion of this item continued in Other Business.)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
COOPERATIVE MAINTENANCE AGREEMENT BETWEEN WHATCOM COUNTY
AND THE NATURAL RESOURCE CONSERVATION DISTRICT FOR ONGOING
MAINTENANCE OF THE TWO SNOTEL SITES, IN THE AMOUNT OF $30,000
(AB2013 -081) (8:33:29 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 request.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
7. RESOLUTION INITIATING WHATCOM COUNTY COMPREHENSIVE PLAN AND
ZONING AMENDMENTS FOR 2013 (AB2013 -088) (8:34:14 PM)
Knutzen reported for the Planning and Development Committee and moved to
approve the resolution.
Crawford moved to remove zoning text amendment PLN2013 -0008. Although the
intent to create more opportunity for the public to comment was laudable, however this
applies to permits to extract, not to mineral resource land (MRL) designations. Additionally,
the County will review the surface mining regulations as part of the 2016 Comprehensive
Plan update. A member of the surface mining advisory committee, which is being
reactivated to participate in the Comprehensive Plan update process, recently passed away.
This is a proposal to change a permit process, which has only been appealed twice. Also, it
Whatcom County Council, 2/12/2013, Page 5
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would have no impact on the examples people gave as reasons for this item. Remove this
item, and focus on the 2016 update to address a more robust process.
Brenner stated she is against the motion. Allow the review so they can work on the
process. A lot of people gave input on this item. The review came up because of problems
people have had in the past, not because of anything that may change in the future. Don't
wait until 2016.
Weimer stated there may be some confusion. Councilmember Crawford may not
have seen the entire proposal, because his comments aren't accurate. The proposal
includes two parts. One part is a Title 20 zoning change, which does what Councilmember
Crawford talked about regarding changing the permitting process from an administrative
approval process to a conditional use process. A second part of the proposal is a
Comprehensive Plan policy and language change that provides a lot of the information up
front, before the permitting process. He read changes from the proposal. More review
would happen before an MRL is changed. They've heard repeatedly that the process allows
for an MRL designation without doing a lot of work on the impacts.
Kershner asked if there is no way this work could be done during the 2016 update,
since they will update the mineral resource chapter of the Comprehensive Plan in 2016.
Brenner stated that if they wait for the update, it just delays the issue, which the
Council does a lot. This is an important issue that should be addressed soon. If they get
this done, there will be more clarity for applicants and neighboring property owners. It's
important.
Mann stated he agrees with Councilmember Brenner. It's important. The process
that happened with South Fork was a disaster. Neighborhoods and applicants need
certainty. If someone gets an MRL designation, they think they will be able to get a permit
without problems. That's not what an MRL designation means. On this year's agenda, work
on improving that process. He is opposed to the motion.
Kershner stated she's not for or against this item because she hasn't seen the entire
package. However, it seems more reasonable for discussing during the update. The
Council is carrying over ten items from last year into this year. They may not get to this
until after the Comprehensive Plan update in 2016.
The motion to amend failed by the following vote:
Ayes: Crawford, Knutzen, and Kershner (3)
Nays: Kremen, Brenner, Weimer, and Mann (4)
Crawford moved to amend the resolution so that PLN2013 -0008 will be done as
part of the 2016 update.
Brenner stated she is against the motion for the same reasons as the previous
amendment. It's a small change to the same exact amendment. This issue deserves their
attention this year.
Weimer stated he is against the motion also for the same reasons. It's an easy
amendment to go through. Don't delay it. When they get to the 2016 update, there will be
many other things to address. This brings the County into alignment with the way many
other counties around Puget Sound do this, so people have the information up front.
The motion to amend failed by the following vote:
Ayes: Crawford, Knutzen, and Kershner (3)
Whatcom County Council, 2/12/2013, Page 6
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Nays: Kremen, Brenner, Weimer, and Mann (4)
The motion to approve carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
8. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
ELIZABETH KILANOWSKI TO THE WHATCOM COUNTY MARINE RESOURCES
COMMITTEE (AB2013 -089) (8:49:12 PM)
Knutzen moved to confirm the appointment.
Crawford asked if her husband is on this committee, and whether the Executive
considered having a husband and wife on one committee. He is the Marine Resources
Committee representative to the Whatcom Integration Team (WIT). He's not sure if it's a
conflict.
Kremen stated spouses may not always agree. There isn't anything that prohibits
the Council from confirming this.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
9. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
SYLVIA FRAGNER TO THE WHATCOM COUNTY DEVELOPMENTAL
DISABILITIES BOARD (AB2013 -090) (8 :49 :37 PM)
Crawford moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
10. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
BOB LIBOLT TO THE WHATCOM COUNTY HOUSING ADVISORY BOARD
(AB2013 -091) (8 :50 :34 PM)
Knutzen moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 2/12/2013, Page 7
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APPROVAL OF COMPREHENSIVE PLAN AMENDMENTS
1. ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENTS RELATED TO
UNINCORPORATED UGA INTERLOCAL AGREEMENTS (AB2012 -328)
(FORWARDED ON NOVEMBER 7, 2012) (8:50:46 PM)
Brenner moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENTS RELATED TO
CAPITAL FACILITY PLANNING FOR THE EAST COUNTY (AB2012 -329)
(FORWARDED ON NOVEMBER 7, 2012) (8:51:24 PM)
areas.
Brenner moved to adopt the ordinance.
Knutzen asked about transfer of development rights (TDR) receiving and sending
Brenner stated they have sending areas, but no receiving areas.
Mark Personious, Planning and Development Services Department, stated there isn't
a designated receiving area. The Code talks about urban growth area (UGA) expansion
areas as being potential receiving areas, but none are specified.
Brenner stated this item doesn't have anything to do with what they're voting on.
Mann stated he congratulates the East County working group for getting this done.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Mann moved to adopt both ordinances as a group.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
INTRODUCTION ITEMS
1. ORDINANCE AMENDING THE 2013 WHATCOM COUNTY BUDGET, THIRD
REQUEST, IN THE AMOUNT OF $446,257 (AB2013 -092)
Crawford moved to accept the Introduction Item.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 2/12/2013, Page 8
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OTHER BUSINESS
(8:55:02 PM)
Kershner stated the Council must decide about scheduling the reconveyance public
hearing at a special meeting or at the regular March 12 meeting starting at 6:00 p.m., and
whether the Council would like to schedule the hearing at an alternate location.
Knutzen moved to schedule a special public hearing at the Mt. Baker High School.
It has a big auditorium and a sound system.
Crawford stated he is against having a meeting off -site. It should also be scheduled
on March 12, and start early. They've had other big hearings here. Have lots of signup
sheets and go late into the night.
Kremen stated he understands the request to have the meeting in Deming. This
issue has been scheduled during several meetings. This issue has divided the county. It
would be the culminating meeting for an issue that has been in front of the Council and
public for more than eight years. Having the meeting anywhere but the County Council
Chambers, where the Council conducts most of its business, is not in order. Schedule the
meeting in the Council Chambers. There have been several meetings about major issues in
the Council Chambers. Having the culminating meeting on this issue at the Mt. Baker High
School is atypical and inappropriate.
Brenner stated it would be appropriate if big enough. Instead, compromise and put
it on the ballot. It would ensure that everyone has access. The Council is so insulated in
this area that it's hard for people outside the city to come to many meetings. Do a remote
meeting, or put it on the ballot.
The motion failed by the following vote:
Ayes: Brenner and Knutzen (2)
Nays: Kremen, Crawford, Weimer, Mann and Kershner (5)
Brenner moved to put the reconveyance on the ballot for the next general election.
Knutzen stated this would have been done by now if the Council had given the voters
the option to vote on this the first time it was suggested. A number of different comments
have been made about this. Councilmember Kremen just alluded to how big of an issue this
is. Not putting it to the voters does them a disservice. The Council asked the voters to
decide on a salary commission, but they are unwilling to ask the voters to decide about
doubling the size of parks and taking on all the related liability and cost.
Mann stated he is opposed to the motion. Maybe they should put other expensive
items on the ballot.
Brenner stated they have never had a more controversial issue than this
reconveyance.
Kremen stated the coal terminal issue has been more controversial.
Knutzen stated this will keep on coming up. It would be elitist to not let the voters
weigh in on the issue. This is the largest land acquisition in Whatcom County history.
Kremen stated the salary commission went before the voters was because it was a
change to the County Charter. They were required to do that.
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Brenner stated the Council had the option of not doing that at all. She likes putting
things on the ballot.
Mann stated the job of the councilmembers is to talk to their constituents and find
out what they want, need, and how they want to spend their money. The Council will not
get 100 percent agreement on everything they do. If the people don't like it, they will vote
them off the Council. Vote on this and be done. Putting something on the ballot is an
abdication of their responsibilities.
Knutzen stated he understands why they don't want this to see the light of day.
Most of it's been done behind closed doors, including transferring of funds into accounts no
one knew about and dealing with the Parks Director, Land Trust, and proponents of this
project. Yet the opponents have been left out. The only way they find out about things is
by doing public disclosure requests. Putting this to the voters is the next logical step.
Brenner stated the conservation futures fund was put on the ballot because they
wanted to get guidance from the public on what they wanted to do. This is no different.
It's a big issue worth getting public opinion. Not everyone in the County will talk to the
Council about what they think. The Council hears repeatedly from the same people, but not
from everyone who votes.
Kershner stated she voted against putting this on the ballot last summer, and
regretted her decision. The more this item is discussed, the more complex and divisive it
gets. She would like information from more people than the Council's regulars. She
supports the motion.
The motion failed by the following vote:
Ayes: Brenner, Kershner, and Knutzen (3)
Nays: Kremen, Crawford, Weimer, and Mann (4)
Kershner moved to start the March 12 meeting at 6:00 p.m.
Brenner stated she is against the motion. People who live far from Bellingham
should be able to come home from work and eat before going to the meeting. They keep
talking about doing things that are convenient for the Council.
Dana Brown - Davis, Clerk of the Council stated that at the last public hearing on the
reconveyance, the Council dealt with all other agenda items before the public hearing
began. If they begin the meeting at 6 p.m., they can do the same, get the other agenda
items done, and start the hearing at around 7 p.m.
Kershner stated she doesn't do well making important decisions for the county at
midnight. Starting at 6 p.m. is a reasonable compromise.
Mann stated starting at 7 p.m. allows people to get home from work and have
dinner. However, many people who attended the last hearing had to leave because they
have children at home or have to work the next morning. Starting an hour early is helpful
to the public, not to the Council. The Council is going to be here late, no matter what.
Kremen stated the motion makes sense. He agrees that they shouldn't make
decisions at 12:30 a.m. or after.
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The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Brenner stated she wants the Council to send a letter supporting the letter the
Sheriff sent to the Governor about releasing a dangerous criminal from jail and sending him
to Whatcom County. This criminal does not belong on the street. She can't believe these
corrections facilities are doing this. The Council's letter would show support for the letter
the Sheriff sent. She moved for the County Council's staff to draft a paragraph in support of
the Sheriff's letter regarding the possible early release into Whatcom County of a dangerous
criminal.
Kremen suggested a friendly amendment to send the letter tomorrow.
Brenner accepted the friendly amendment.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Knutzen stated a proposal for a Forestry Advisory Committee will be introduced at
the next meeting.
Crawford asked that the administration comment on the proposal. The Executive
had an idea about combining the Surface Mining Advisory Committee with a forestry
advisory board. He want this group to happen. The group should have input on the 2016
Comprehensive Plan update. However, make sure the administration agrees. There are
questions of how they will facilitate and staff this group.
Knutzen stated that given recent issues and concerns about a variety of issues, he
would like to restart the internal auditor position. He asked if Council is interested.
Brenner stated the Council can't make changes to the budget on its own.
Brown -Davis stated Councilmember Knutzen is looking for Council interest in making
that request of the administration.
Crawford stated the County Auditor could give a report to the Council at a future
meeting. He recalls that the employee in that position was laid off in 2008 or 2009. It's
important to hear what that employee was specifically auditing. Find out what the need was
then, what the need is today, and whether that need is being filled.
Kershner stated she suggests that the County use a contractor for that internal
auditing service. Have an internal review from an outside agency on an as- needed or other
periodic process.
Crawford stated the items that Councilmember Knutzen gave as examples were not
the types of items the internal auditor was auditing.
Knutzen stated the internal audit risk assessment for the Parks Department was
drawn up by the internal auditor.
Debbie Adelstein, Auditor, stated she will discuss it with the Council and they can
create the position to be what they want it to be.
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REQUEST APPROVAL OF A CONTRACT AMENDMENT WITH VAN NESS FELDMAN
GORDONDERR, ATTORNEYS AT LAW, TO ASSIST IN REPRESENTING WHATCOM
COUNTY IN GROWTH MANAGEMENT HEARINGS BOARD CASE NO. 11- 2 -0010C AND
CASE NO. 12 -2 -0013 (AB2012 -422A)
Karen Frakes, Prosecutor's Office, stated the Council needs to amend the contract
amendment it just approved. The language was written before the petitioners filed another
appeal. The language says they can assist in its appeal, meaning Whatcom County's appeal
of the Growth Management case. She asked the Council to amend the language, "...can
assist in its appeal the appeals of...." There would be no question that they have the
authority to help her on every facet of the case.
Kershner moved to reconsider the contract amendment.
The motion to reconsider carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: Weimer (1)
Crawford moved to amend the language, "...assist in its appeal the appeals...."
Frakes stated they don't need to change the case number.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, and Kershner (5)
Nays: Weimer and Mann (2)
Crawford moved to approve the request as amended.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Knutzen, and Kershner (4)
Nays: Mann, Brenner, and Weimer (3)
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
There were no reports or other items.
ADJOURN
The meeting adjourned at 9:29 p.m.
The Council approved these minutes on March 12, 2013.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council@7.o.whatcorn.wa.us
Whatcom County Council, 2/12/2013, Page 12