HomeMy WebLinkAboutCouncil January 15 20131
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WHATCOM COUNTY COUNCIL
Regular County Council
January 15, 2013
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(7:02:59 PM)
Present: Barbara Brenner, Sam Crawford, Bill Knutzen, Kathy Kershner, Carl
Weimer and Pete Kremen.
Absent: Ken Mann.
FLAG SALUTE
ANNOUNCEMENTS
Kershner invited Sheriff Elfo to speak in the memory of City of Everson Police Chief
Erik Ramstead, who passed away this morning.
Bill Elfo, Sheriff, stated Chief Ramstead passed away this morning. He'd been ill for
some time. He fought his illness courageously and faced death with courage and confidence
in his faith. He described Chief Ramstead's policy background. He's one of the longest
serving police chiefs in Washington, if not the United States, and was chief for over 20
years. He was also an outstanding leader, public servant, and compassionate individual in
his community. Chief Ramstead made sure people had the help they needed. He worked
with kids and coached their sports. He will be missed.
Kershner reported on the items discussed during the Special Committee of the Whole
and the Committee of Whole meetings.
MINUTES CONSENT
(7:07:15 PM)
Brenner moved to approve the Minutes Consent items.
Whatcom County Council, 1/15/2013, Page 1
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The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
1. COMMITTEE OF THE WHOLE FOR NOVEMBER 20, 2012
2. REGULAR COUNTY COUNCIL FOR NOVEMBER 20, 2012
3. COMMITTEE OF THE WHOLE FOR DECEMBER 4, 2012
4. REGULAR COUNTY COUNCIL FOR DECEMBER 4, 2012
S. SPECIAL COMMITTEE OF THE WHOLE FOR DECEMBER 18, 2012
PUBLIC HEARINGS
1. ORDINANCE IMPOSING 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
(AB2012 -040C) (7:08:04 PM)
Kershner opened the public hearing, and the following people spoke:
Marian Beddill stated she supports the moratorium. Her comments are to apply to
both hearings. There are problems from current development, and potential problems from
new development, which can be avoided by not developing. Homes built, and the activities
around homes, create pollution that lands in Lake Whatcom watershed. They don't want a
polluted watershed. She understands the property rights view, but western water law says
that property owners upland can't do anything that has effects to a property owner down
below. It protects the fundamental resource of water. She is in favor of both proposals.
Continue the moratorium. Do not permit new subdivisions in the watershed. Do not
approve development permits in the watershed.
Dan McShane stated they are close to not having a moratorium anymore. Almost
everything they need to accomplish has been accomplished. Finish stormwater regulations
consistent with the Department of Ecology (DOE). Add something to make sure that vested
permits follow the same rules regarding impacts to the watershed. Minor changes are
necessary to comply with the recent Growth Management Act (GMA) ruling. His comments
apply to the second hearing. Clustering is probably appropriate in the watershed, but not
without stormwater regulations on the cluster. Clustering would offer better protection, and
would recognize property rights. First adopt the regulations from DOE.
Les Bierkstam stated he should not have to continue to pay taxes on his Sudden
Valley lot.
Larry Helm stated the Lake Whatcom watershed boundary is two and a half miles
from Lake Whatcom. The rules should apply to those who live on the shoreline. No stream
or creek from his area to the lake. It's only percolation through the valley. Plan in
concentric circles of one - quarter or one -half mile. The same rules should not apply to
people who live two and a half miles away. There are still a lot of farms in Squalicum
Valley. Clustering is the harbinger of urban growth. A farm doesn't last long when a cluster
Whatcom County Council, 1/15/2013, Page 2
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is located next to the farm. People who buy those smaller lots are urban and complain
about farm activities.
Patrick Alesse stated they need to take care of the environment.
Hearing no one else, Kershner closed the public hearing.
2. ORDINANCE IMPOSING 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
(CLUSTERING VERSION) (AB2012 -040B) (7:18:10 PM)
(Clerk's Note: See the public hearing item one for testimony on this item.)
Kershner opened the public hearing, and the following people spoke:
Shane Roth stated the Council hasn't taken any lasting action to protect the
watershed. If councilmembers choose to run for reelection and vote for more development
in Lake Whatcom, someone will attend every public forum to ask why they voted to allow
more development in the watershed. They've done almost nothing to protect Lake
Whatcom since 2009.
Dan McShane stated the decision talked about clustering. It will be challenging in
terms of where clustering is appropriate or not. The language cited Lake Whatcom as a
good place for clustering. He recognizes the Council's hard work on protecting the Lake
Whatcom watershed. It doesn't open the door to a lot more development because a lot of
zoning changes have been made to reduce the amount of potential development in the
watershed. Wait for the stormwater regulations before authorizing the creation of smaller
lots in areas that are zoned one house per five acres.
Marian Beddill stated she sees little advantage to allowing clustering other than
running fewer utility lines to serve all the houses. However, the number of houses is the
same. Continue the moratorium.
Patrick Alesse stated they can barely service a one -acre lot with a sewer. They may
be able to figure out stormwater drainage. They cut down a bit on roads. But it's still a
form of "dummy darts."
Mitch Friedman stated clustering will concentrate impacts and leave more open
space. There are fewer roads and impermeable surfaces. He's not for or against clustering,
but it's worth a hard look.
Steve Hood, Department of Ecology, stated he supports the moratorium. He doesn't
quite support the clustering ordinance yet. Clustering creates opportunities to do some
good. It doesn't ensure people will make good decisions. If the development regulations
required no increase in phosphorous, he would be glad to allow clustering and end the
moratorium. Regarding water resources, a cluster would be one project on one acre. All
those homes would be considered one project. His department has faith in the County's
staff to look at water availability realistically. It doesn't create any conflict.
Jason Reimer stated get rid of the moratorium. Allow clusters or five -acre tracts.
The more freedom they allow, the more they will like the results. A federal court in Virginia
ruled that stormwater is not a pollutant. The phosphorus in the lake occurs naturally. Allow
Whatcom County Council, 1/15/2013, Page 3
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people to do something. They need the economy to grow with more development.
Clustering is a nice option when developing.
Hearing no one else, Kershner closed the public hearing.
Crawford moved to adopt the ordinance allowing clustering (AB2012- 040B). A
concern someone expressed was that this would create new lots that could be exempted
from the new regulations the Council is considering. However, the maximum lot size they're
talking about exempting is between 10,000 and 15,000 square feet. Under this clustering
provision, the minimum lot size created is one acre. He won't consider exempting a lot of
one acre. Landowners of lots that size can effectively create a dispersion or infiltration
model that works. This ordinance will not result in any lots that could be exempt from any
new stormwater regulations. The Sudden Valley lots don't have space for a cost - effective
stormwater management system. The Council has decided on the solution for that
question.
Brenner asked about phosphorus impacts due to development. She asked if the
Council can adopt this without it having any impact.
Mark Personius, Planning and Development Services Department, stated landowners
can do either infiltration or full dispersion onsite, or both, which will result in treatment to a
level of being phosphorus neutral. Therefore, he doesn't see any negative impact in terms
of phosphorus or stormwater.
Brenner asked if the cluster version would only allow onsite treatment. Personious
stated that's correct.
Crawford read from the ordinance and stated the clustering provision does not allow
the creation of lots smaller than one acre.
Brenner stated the language says "can" and "should," which looks like there is room
for exceptions.
Crawford stated that wording is in the whereas statements, not the enforcement
language of the ordinance. It's all somewhat speculative since the Council hasn't passed
those standards yet.
Kremen stated the language in the whereas statement isn't a legislative mandate.
It's nonbinding.
Weimer stated they have not yet adopted development regulations for lots this size.
The recommendation from the Planning Commission allows 25 percent more phosphorus off
this size lot than off a naturally forested condition. Nothing is in the development
regulations that requires clustering on property where a stormwater system of this type
might work the best. Finalize the development regulations first, because they don't know
whether they will allow more phosphorus to come off these lots than what the Department
of Ecology has asked for or whether people will develop these lots on the property where
the infiltration will best occur. He is opposed at this point.
Knutzen stated he also has concerns that this may be too soon. He asked if there is
potential for anything to happen, given the order of invalidity. Personious stated the
invalidity doesn't have any effect on the watershed.
Whatcom County Council, 1/15/2013, Page 4
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Kremen stated they did not find it to be invalid at this point.
Personius stated the idea is that they will adopt the stormwater regulations so they
don't need the moratorium anymore. That gets very specific about phosphorus removal,
which is over and above what the stormwater manual requires. The manual will require
onsite infiltration or dispersion if possible. If it isn't possible, an engineered solution is
required. Properties that are one -acre or larger will not have a problem meeting the
dispersion requirements of the manual. There aren't any great concerns if the landowner
can handle all the stormwater infiltration onsite.
Weimer asked if they would be required to meet the standard of no net phosphorus.
Personious stated they would not, technically. The understanding is that onsite dispersion
or infiltration will prevent all the phosphorous from getting off the site.
Weimer asked if geology exists where a cluster could be located in an area that
couldn't handle all the stormwater, so they would add more phosphorous. Personious
stated they would have to look at that carefully during the cluster site planning review.
Brenner asked if a cluster would not be allowed because the standards aren't in
place. Personious stated the cluster would be built under the current manual, which
requires onsite infiltration. Everyone, even the exempt lot owners, still have to meet
stormwater requirements. They just might not be able to get to 100 percent phosphorous
removal.
Brenner asked if allowing clustering now would not create phosphorous problems
before getting to the standards. Personious stated he believes it would not create
problems, because clustering applies to parcels that are one acre or larger, which will have
plenty of room for onsite treatment.
Kershner asked if this ordinance would increase development, or minimize impact to
large parcels of land. She asked if the one -acre lot is adequate for filtering stormwater and
phosphorous. Personious stated that's correct.
Weimer moved to amend the next to last paragraph of the ordinance, 'CBE IT
FURTHER ORDAINED that divisions and boundary line adjustments utilizing clustering
which result in lots less than five (5) acres with no overall lot density increase shall be
exempt from this division moratorium. So long as all such development on lots created
through such divisions and lot line adjustments provide a stormwater plan, to be approved
by County Planning and Development Services Department (PDS), that shows such
development will provide no increase in runoff of phosphorus beyond what would be
expected from a naturally forested condition. This exemption shall apply to the R5A and
RR -5A zones only in areas without public water availability."
Kremen stated the amendment is consistent with the intent of what Councilmember
Crawford and all the councilmembers are trying to achieve.
The motion to amend carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
Whatcom County Council, 1/15/2013, Page 5
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The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
3. RESOLUTION TO SELL TAX -TITLE PROPERTY BY NEGOTIATION TO THE CITY
OF NOOKSACK — REQ. #TR2012 -01 (AB2012 -413A) (7 :56 :22 PM)
Kershner opened the public hearing, and the following person spoke:
Rollin Harper, City of Nooksack, submitted a handout (on file) and stated the City will
hold the property for possible future public uses, such as stormwater utilities. The standard
price includes back taxes, penalties, and foreclosure costs, which are soft costs. The County
didn't actually pay those costs. The County did pay its hard costs, such as for the
foreclosure process and public notices. Set the bid for the property at $500, which would
cover the County's hard costs. The City of Nooksack will not pay more than $500.
Hearing no one else, Kershner closed the public hearing.
Brenner moved to approve the resolution at the price mentioned. She asked if the
County can legally change the price.
Karen Frakes, Prosecutor's Office, stated she has concerns, and would like an
opportunity to make sure the County can legally do this. She recommends the Council
delay this item.
Brenner withdrew her motion.
Kremen stated he also has concerns about whether it would be considered a gift of
public funds. It is prudent to delay to allow review by legal counsel.
Brenner moved to postpone consideration until next meeting on January 29.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
OPEN SESSION
(8: 03:21 PM)
The following people spoke:
• Delaine Clizbe spoke about the flood levy, conservation futures fund, and
reconveyance.
• Jerry Vekved, spoke about the District 3 position on the Planning Commission.
• Daniel Probst spoke about the reconveyance.
• Eric Brown spoke about the reconveyance.
• Mitch Friedman, Conservation Northwest Executive Director, spoke about the
reconveyance.
• Ben Elenbaas spoke about the District 2 position on the Planning Commission.
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• Jessica Shaw, North Cascades Audubon Society, spoke about the
reconveyance.
• Greg Brown submitted a handout (on file) and spoke about the reconveyance,
the Whatcom Integration Team (WIT), Environmental Protection Agency
regulation of water pollution, and paying for a lobbyist in Olympia.
• Patrick Alesse spoke about the applicants for the vacancy on the Birch Bay
Watershed and Aquatic Resource Management Advisory Committee.
• Kris Halterman spoke about the reconveyance.
• Marian Beddill spoke about water quality in Lake Whatcom.
• Karl Uppiano spoke about best available science and the work products of
departments and County contractors as the basis for new County policy.
• Larry Helm spoke about the reconveyance.
• Wes Kentch spoke about the reconveyance.
• Shane Roth spoke about the clustering ordinance and the reconveyance.
• Karen Brown submitted handouts (on file) and spoke about the reconveyance.
• Roger Almskaar spoke about the Rural Element Growth Management Hearings
Board ruling.
• Chet Dow spoke about costs to the County of a special election.
• Rud Browne spoke about the reconveyance.
• Ellen Baker, Glacier Water District, spoke about the water resource inventory
area (WRIA) 1 process.
• Jason Reimer spoke about the reconveyance.
CONSENT AGENDA
(8:55:55 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items except one, two, four, and five. Item three was
withdrawn.
Brenner withdrew item five.
The motion to approve Consent Agenda items one, two, and four carried by the
following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM COUNSELING AND
PSYCHIATRIC CLINIC FOR BEHAVIORAL HEALTH SERVICES IN THE JAIL, IN
THE AMOUNT OF $374,321 (AB2013 -034)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND CATHOLIC COMMUNITY
SERVICES FOR JUVENILE COURT BEHAVIORAL HEALTH SERVICES, IN THE
AMOUNT OF $94,930 (AB2013 -035)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL LOAN AND GRANT AGREEMENT BETWEEN WHATCOM COUNTY
AND THE CITY OF LYNDEN TO PROVIDE FUNDING FROM THE ECONOMIC
Whatcom County Council, 1/15/2013, Page 7
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DEVELOPMENT INVESTMENT PROGRAM FOR THE CITY OF LYNDEN'S WATER
TREATMENT PLANT PROJECT, IN THE AMOUNT OF $6,000,000 (AB2013 -036)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WILSON ENGINEERING, LLC
TO ASSIST WITH THE BIRCH BAY STORMWATER ASSET MANAGEMENT
PROGRAM, IN THE AMOUNT OF $96,747 (AB2013 -037)
5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM, PORT OF
BELLINGHAM AND WHATCOM COUNTY FOR THE PROVISION OF
PROFESSIONAL SERVICES RELATED TO GOVERNMENT AFFAIRS (AB2013-
038)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Brenner stated she has a concern about putting money aside for a lobbyist, given the
economy and County budget. The County Executive should be the County's lobbyist. They
can't measure whether a lobbyist would benefit the County. It is a bad idea and waste of
money.
Crawford stated he is reluctantly in favor of the proposal because the Executive
discussed this with the Council and received budget authority. He is concerned about
partnering with local municipalities and finding mutual interests. However, they can try it
for a year. He would like clear feedback at the end of the year about what the County
received for this investment.
Kremen asked if this would be in addition to the lobbyist that the County already
pays for through the Council of Governments on transportation issues.
Jack Louws, County Executive, stated this is in addition to the Council of
Governments (COG) lobbyist on transportation issues. He doesn't know what the COG
contract is for that lobbyist. The County pays dues to COG.
Kremen stated the City of Bellingham and Port of Bellingham, who previously
contributed to the COG lobbyist effort, withdrew their support for the lobbyist. He thought
this request was in lieu of the COG lobbyist. He would like more information from the
Council of Governments about its lobbying efforts. Louws stated he would provide that
information. When he took office, he made staff changes to the Executive's Office and
Administrative Services Department to save the County money. His time is stretched as it
is. He doesn't have the experience in Olympia that former Executive Kremen has. It's in
the best interest of the County to be represented in Olympia. He asked for Council approval
for one year. Also, he would like one councilmember be involved with the weekly
conference call to the lobbyist. He and the other jurisdictions know how to handle any
competing interests that may come up.
Kershner stated they are often faced with implementing something the State
legislature passed, with no recourse. It's a very good idea to know what is coming out of
Olympia so the County can advocate for its interests and make an impact on these proposed
laws before they're approved and implemented. She supports the request. It's a trial.
She's happy they have a relationship with the Port and City, so they can collaborate on this
effort.
Whatcom County Council, 1/15/2013, Page 8
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Knutzen stated he agrees with Councilmember Kershner. Given the new County
Executive, Port Director, and Bellingham Mayor, he hopes there will be cooperation among
the jurisdictions. He supports this for a year.
Brenner stated one idea would be to ask the local representatives to the State
legislature to advocate on behalf of Whatcom County. They actually work on those issues.
Before talking about a lobbyist, the Council should contact every legislator in the 40th and
42nd State Legislative District and ask to be kept apprised of what is going on, which is all
the County will get for this lobbying cost. That should be the first thing the County does,
before spending this money.
Kremen stated he has contacted the local representatives to the State legislature
more than most county officials over the past 17 years. He knows how important that is.
There has been a lot of contact with the local legislators. There are 98 members of the
house, 40 senators, the Governor, Lieutenant Governor, and State department heads and
staff. Whatcom County needs watchful, experienced eyes in Olympia on a daily basis while
the legislature is in session. He has reservations about the three entities working together.
He commends the Executive for creating a unified effort to go to Olympia for the common
good of the greater community. That's why he will support the Executive. He reluctantly
supports the request.
Brenner stated the Council has never made the request to the State legislators to
keep the Council informed of issues. They won't get any more product from a lobbyist with
torn alliances than from the State legislators.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Weimer, Knutzen, and Kershner (5)
Nays: Brenner (1)
Absent: Ken Mann (1)
(Clerk's Note: This item was continued at the end of the meeting.)
OTHER BUSINESS
(9:16:00 PM)
Crawford moved to amend the agenda to ask the Auditor to respond to a comment
made by Chet Dow during Open Session about how a citizen petition can cost taxpayer
money on a special election.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
Debbie Adelstein, Auditor, stated that under the State statute, one has the means to
create a metropolitan park district by a petition that puts it on the ballot. It's a question of
whether the creation of a special district is approved. If a special district is approved, the
County can bill the district for the election expenses.
Whatcom County Council, 1/15/2013, Page 9
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Crawford asked how it becomes a special election. Adelstein stated the petition goes
on the next election date scheduled. The County is required by law to put the petition on
the ballot. If the petition fails, there is no one to bill for the expense. No district is created.
Crawford asked if the $50,000 estimate is correct. Adelstein stated that is the
approximate cost for the same number electors.
Brenner asked if the Auditor's Association has ever addressed the issue of this cost.
Adelstein stated the association has not chosen this as a key issue. It doesn't come up very
often.
Brenner stated she suggests the Council send a letter to the State legislature to
amend the law so that a petition will be added to the ballot on the next general election
instead of a special election.
Kremen asked if the special district is confined solely within the Bellingham city
limits. Adelstein stated the proposed special district is entirely within the Bellingham city
limits, but does not encompass all of the city.
Kremen asked if the City of Bellingham is required to defray the cost. Adelstein
stated the proposed park district would be the potential payer. The City of Bellingham isn't
proposing the district.
Crawford stated the County runs the elections.
Adelstein stated this situation is similar to when there was a proposed park district in
the Chuckanut area that included Skagit County. That never made it to the ballot.
OTHER ITEMS
I. ORDINANCE AMENDING THE COMPREHENSIVE PLAN DESIGNATION IN THE
SMITH ROAD / GUIDE MERIDIAN AREA FROM RURAL TO RURAL COMMUNITY
AND AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM R5A
TO RIM (AB2012 -424)
Knutzen reported for the Planning and Development Committee and moved to
forward the ordinance for concurrent review on February 12.
Kershner asked if this becomes invalid if the rural industrial manufacturing (RIM)
zone becomes invalid.
Karen Frakes, Prosecutor's Office, stated they need to address that question before
doing the concurrent review.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
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2. ANNUAL COUNTY COUNCIL APPOINTMENTS TO FILL VACANCIES ON
VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES: VARIOUS
APPLICANTS (APPOINTMENTS TAKE EFFECT ON FEBRUARY 1, 2013)
(AB2012 -358) (9 :26:00 PM)
Board of Equalization, District 3
Knutzen moved to appoint Mary Jane Anderson.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
Board of Equalization, Alternate
Kershner nominated all applicants.
Brenner stated she always supports incumbents if they're doing a good job. She's
heard these incumbent applicants have been doing a great job.
Kremen asked if the additional application was submitted in a timely manner.
Dana Brown- Davis, Clerk of the Council, stated the deadline is 4 p.m. on the day of
the meeting, per the County Code.
(Clerk's Note: See the attached voting tally.)
The Council appointed Wes Van de Mark and Emily Weaver.
Drayton Harbor Shellfish Protection District Advisory Committee
Crawford moved to appoint Steve Seymour.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
Law and Justice Council
Crawford nominated all the applicants.
(Clerk's Note: See the attached voting tally.)
The Council appointed Brian Hobi.
Kershner stated there are vacant positions for which the Council received no
applicants. She encouraged citizens to apply for vacancies at any time during the year.
Planning Commission, District 2
Crawford nominated all applicants.
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(Clerk's Note: See the attached voting tally.)
The Council appointed Ben Elenbaas and Mary Beth Teigrab.
Planning Commission District 3
Weimer nominated both applicants.
Knutzen stated he contacted both applicants, who are very qualified. He appreciates
their willingness to serve, and hopes the vote doesn't prohibit them from applying from
other positions. Both applicants would be valuable assets for Whatcom County. He votes
for Mr. Vekved because he's been in the community for a long time. He appreciates Mr.
Zachary's willingness to serve.
(Clerk's Note: See the attached voting tally.)
The Council appointed J. Michael Zachary.
Solid Waste Advisory Committee
Brenner moved to appoint Ed Nikula to the citizen position and Pete Edwards as the
Solid Waste Disposal Facility representative.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
Surface Mining Advisory Committee
Brenner moved to appoint Leslie Dempsey to the citizen position and Scott Hulse to
the civil or geo- technical engineer position.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
3. ANNUAL APPOINTMENTS TO FILL VACANCIES ON THE WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE AND BIRCH BAY
WATERSHED AND AQUATIC RESOURCES MANAGEMENT (BBWARM)
ADVISORY COMMITTEE: VARIOUS APPLICANTS (APPOINTMENTS TAKE
EFFECT ON FEBRUARY 1, 2013) (AB2012 -358A) (9 :36 :59 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Flood Control zone District Advisory Committee, Special Districts
Kershner nominated all applicants.
(Clerk's Note: See the attached voting tally.)
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The Council appointed Bronsema and Williams.
Flood Control zone District Advisory Committee, Impacted Cities
Knutzen moved to appoint Robert Bromley and John Perry.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
Birch Bay Watershed and Aquatic Resources Management Advisory Committee
Weimer nominated all applicants.
(Clerk's Note: See the attached voting tally.)
The Council appointed Scott Hulse.
4. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S CONCURRENT
APPOINTMENT OF SUSAN GRIBBON TO THE BELLINGHAM - WHATCOM
COUNTY HOUSING AUTHORITY'S BOARD OF COMMISSIONERS (AB2013-
039) (9 :42 :11 PM)
Brenner moved to confirm the appointment.
Kershner stated she's served with Susan Gribbon on the Community Development
Advisory Board. Ms. Gribbon is a hard worker. She's glad Ms. Gribbon has volunteered for
this Board.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
S. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENTS TO
BOARDS AND COMMISSIONS FOR THE YEAR 2013 (AB2013 -040) (9 :43 :06
PM)
Crawford moved to confirm the appointments.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
INTRODUCTION ITEMS
(9:46:14 PM)
Brenner moved to accept the Introduction Items.
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The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
1. ORDINANCE CLOSING THE SHERIFF'S OFFICE LEGACY PETTY CASH FUND
(AB2013 -041)
2. ORDINANCE ESTABLISHING A PROJECT FUND FOR THE NEW JAIL PROJECT
2013 -2014 (AB2013 -042)
3. ORDINANCE AMENDING THE 2013 WHATCOM COUNTY BUDGET, FIRST
REQUEST, IN THE AMOUNT OF $234,944 (AB2013 -043)
OTHER BUSINESS
(9:46:36 PM)
Brenner stated she is concerned about the water resource inventory area (WPIA)
process not being open, transparent, and diverse. She has a problem moving on with
anything until they reestablish the Planning Unit.
Jack Louws, Executive, stated he plans to discuss the issue at the Surface Water
Work Session. He understands the Glacier Water District and others in the community are
wondering about the status of the Planning Unit. He will bring it forward for discussion and
resolution at the work session.
Brenner stated they shouldn't vote on things until the Council can get
recommendations from the Planning Unit. Louws stated there are differences of opinion
about for what the Planning Unit is responsible. He will be talking about it with the Joint
Board and his staff. Don't debate it tonight, before they have the information.
Kershner asked if the policy board will take action at its meeting on Thursday.
Louws stated he can't speak for the policy board. The board will talk about the different
programs ongoing in Whatcom County.
Kershner stated she would like information on all the different boards and planning
groups, including what they're doing and who is involved in each of them.
Kershner stated the need to talk about the National Association of Counties (NACo)
conference travel budget for Councilmembers to attend.
Crawford stated the conference attendance cost is over $500. There are costs for
hotel and airfare. Including those costs and per diem expenses, the trip will cost close to
$2,000 per attendee. He asked who plans to go, given that cost.
Kershner stated the cost projection is between $2,400 and $2,900 per person. She
proposes that Councilmembers who anticipate going and spending more than their $1,000
travel amounts either ask for travel money from other councilmembers, pay for the extra
personally, or request reimbursement from the office travel budget. Each councilmember
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has $1,000 in his or her travel budget, and there is an additional $6,000 travel budget that
the entire office can access.
Kremen stated select two councilmembers to represent the Council at the
conference. If anyone else wants to attend, they should be able to use whatever resources
are allocated for them.
Kershner stated everyone can go if they want. The question is whether any
Councilmember wants to request approval to spend more than his or her $1,000 travel
budget on the NACo conference.
Kremen stated he plans to attend.
Crawford stated he will go if others choose not to go. He won't go if it creates a
quorum of the Council.
Brenner stated she is opposed to attendance. A trip to Washington D.C. is a waste
of time. She will vote against anyone getting more money to go, but it's not personal.
yet.
Kershner stated she would like to attend, but has a work conflict she hasn't resolved
Knutzen stated he was thinking of attending, but decided against it due to the cost.
Weimer stated he does not plan to attend.
Kremen stated he would like to go and would like to use some of the extra money
added to the Council budget for this purpose. He encourages another councilmember with
strong ties to one of the two parties of power to attend, to show a unified front and take
advantage of the relationships they have and the support they've given. It's important for
the councilmembers to reach out to the legislators, which includes members of Congress. A
brand new member of Congress that needs to be apprised of Whatcom County's specific
issues.
Kershner moved to approve $1,500 from the extra Council travel budget for two
councilmembers to attend the conference.
Weimer suggested a friendly amendment to allocate $3,000 total for two
councilmembers to attend the conference, in addition to their individual $1,000 travel
budgets.
Brenner stated they can reach out to legislators by phone or email.
Kershner stated don't discuss the merits of going. Keep the discussion to the
budget. She accepted the friendly amendment.
Kremen stated Councilmember Kershner should also attend. It's important to have a
bipartisan approach and a unified delegation. If Councilmember Kershner can't attend, then
Councilmember Crawford or Councilmember Knutzen could attend. They all have close ties
to the Republican Party, which is important to have in Washington D.C.
Kershner stated councilmembers can decide on their own to attend. This is not the
only opportunity to allow someone to attend if they want.
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Kremen stated it's important to have two designated councilmembers who attend.
Kershner stated the second attendee will remain undesignated at this point.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Weimer, Knutzen, and Kershner (5)
Nays: Brenner (1)
Absent: Ken Mann (1)
CONSENT AGENDA
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM, PORT OF
BELLINGHAM AND WHATCOM COUNTY FOR THE PROVISION OF
PROFESSIONAL SERVICES RELATED TO GOVERNMENT AFFAIRS (AB2013-
038)
Crawford nominated Councilmember Kershner to be involved with the weekly
conference call to the lobbyist.
The motion to appoint Kershner (and Kremen as an alternate) carried by the
following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
Kremen volunteered to be an alternate.
Crawford stated anyone with the conference call code can dial in and attend.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
(10:15:32 PM)
Weimer reported that he will be absent from the next meeting due to a work conflict.
Knutzen reported that dairy farmers and dairy organizations had a meeting with
Congresswoman DelBene about the Environmental Protection Agency (EPA) regulations and
other restrictive regulations on the agricultural community. He encourages councilmembers
who go to Washington D.C. to make the EPA aware of what's going on.
Kremen reported that when he goes to the National Association of Counties (NACo)
conference, he will likely have an opportunity to visit the White House. Talking to the EPA
won't be as productive as talking to the administration, to which the EPA is accountable. He
will express Councilmember Knutzen's concerns.
Also, he is very saddened by the passing of Chief Ramstead. He had the honor of
working with Chief Ramstead during his tenure as police chief for both Everson and
Nooksack. Chief Ramstead was one of the finest men anyone would want to know. He was
a local boy who made good. It will be difficult to fill his shoes. Chief Ramstead was
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committed and dedicated to the community. He served the community well for a long time.
He's lost a friend, and Whatcom County lost a stellar law enforcement official.
ADJOURN
The meeting adjourned at 10:21 p.m.
The Council approved these minutes on February 26, 2013.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council &o.w hatcom .wa.us
Whatcom County Council, 1/15/2013, Page 17