HomeMy WebLinkAboutCouncil July 9 20131
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WHATCOM COUNTY COUNCIL
Regular County Council
July 9, 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
(7:00:04 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy
Kershner, Carl Weimer and Pete Kremen.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
There were no announcements.
MINUTES CONSENT
(7:00:57 PM)
Knutzen moved to approve Minutes Consent items one through seven.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. SPECIAL COMMITTEE OF THE WHOLE FOR MAY 21, 2013
2. REGULAR COUNTY COUNCIL FOR MAY 21, 2013
3. SPECIAL COMMITTEE OF THE WHOLE (MORNING RURAL ELEMENT
DISCUSSION) FOR JUNE 4, 2013
4. SPECIAL COMMITTEE OF THE WHOLE (AFTERNOON JAIL PLANNING
UPDATE) FOR JUNE 4, 2013
5. REGULAR COUNTY COUNCIL FOR JUNE 4, 2013
6. SPECIAL COMMITTEE OF THE WHOLE FOR JUNE 18, 2013
7. COMMITTEE OF THE WHOLE FOR JUNE 18, 2013
Whatcom County Council, 7/9/2013, Page 1
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PUBLIC HEARINGS
1. ORDINANCE CLOSING A PORTION OF BOUNDARY ROAD (AB2013 -202)
(7:01:41 PM)
Kershner opened the public hearing and, hearing no one, closed the public hearing.
Crawford moved to adopt the ordinance. He asked if it will permanently close a cul
de sac that runs east to west. He asked if anyone analyzed how much traffic uses that
road.
Joe Rutan, Public Works Department, stated it will create a dead end. He did not
analyze traffic patterns.
Chris De Michio, Washington State Department of Transportation, stated they don't
have any traffic data, but they talked to local residents. A lot of the traffic on Boundary
Road are people who are in line to cross the border.
Knutzen asked if they considered compensating rental residents who lost access to
the Guide Meridian. De Michio stated they did not.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. ORDINANCE ORDERING THE CLOSURE OF LIMESTONE ROAD EAST OF
TILBURY ROAD (AB2013 -235) (7:06:39 PM)
Kershner opened the public hearing and, hearing no one, closed the public hearing.
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)
3. 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) (7:07:45 PM)
Kershner opened the public hearing and, hearing no one, closed the public hearing.
Kremen moved to adopt the ordinance.
Kershner asked the process for ending this moratorium when the Council adopts
permanent regulations. They can repeal it.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 7/9/2013, Page 2
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OPEN SESSION
(7:09:42 PM)
The following people spoke:
• Yoshi Revelle spoke about the words people choose when speaking.
• Lynn Pendleton spoke about the proposed packinghouse ordinance.
• Nicole Brown spoke about the proposed packinghouse ordinance.
• Bonnie Drake - Barker spoke about the proposed packinghouse ordinance.
• Greg Brown spoke about the proposed packinghouse ordinance.
• Wendy Harris spoke about the proposed packinghouse ordinance.
• Max Perry spoke about the proposed packinghouse ordinance.
• Donna Clark spoke about installing the County and City installing honey
buckets on property around Lake Whatcom.
CONSENT AGENDA
(7:23:55 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through eight.
Kershner stated Consent Agenda item eight includes a substitute version.
Mann stated that is correct.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. RESOLUTION ORDERING THE CANCELLATION OF CHECKS MORE THAN TWO
YEARS OLD FROM THE WHATCOM COUNTY ]AIL INMATE TRUST FUND
(AB2013 -242)
2. REQUEST APPROVAL OF THE WHATCOM COUNTY DEPUTY SHERIFF'S GUILD
COLLECTIVE BARGAINING AGREEMENT (AB2013 -243)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE
OPPORTUNITY COUNCIL FOR TRANSPORTATION AND HYGIENE PRODUCT
ASSISTANCE FOR DSHS MEDICAL CARE RECIPIENTS IN THE AMOUNT OF
$22,610, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF $606,396
(AB2013 -244)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND NORTH SOUND
MENTAL HEALTH ADMINISTRATION FOR THE CRISIS STABILIZATION BEDS
PROGRAM, IN THE AMOUNT OF $50,000, FOR A TOTAL AMENDED CONTRACT
IN THE AMOUNT OF $974,811 (AB2013 -245)
Whatcom County Council, 7/9/2013, Page 3
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5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND BERGERABAM,
INC. FOR ADDITIONAL ENVIRONMENTAL PERMITTING COORDINATION,
CATHODIC PROTECTION DESIGN, AND SEDIMENTATION POND DESIGN, IN
THE AMOUNT OF $38,117, FOR A TOTAL AMENDED CONTRACT IN THE
AMOUNT OF $201,955 (AB2013 -246)
6. RESOLUTION AMENDING CRP NO. 913001 AND APPROVAL FOR THE COUNTY
EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND
LOW BIDDER, GRANITE CONSTRUCTION, INC. FOR HANNEGAN ROAD
PAVEMENT REHABILITATION, IN THE AMOUNT OF $1,629,380 (AB2013-
247)
7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
REPAIR OF A 1998 FREIGHTLINER BASKET TRUCK BY THE SOLE SOURCE
PROVIDER, ALTEC, IN THE AMOUNT OF $41,423.42 (AB2013 -248)
8. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND DLR GROUP TO
INCLUDE SUPPLEMENTAL SERVICES REQUIRED TO COMPLETE PREFERRED
SITE ANALYSIS, IN THE AMOUNT OF $38,000, FOR A TOTAL AMENDED
CONTRACT IN THE AMOUNT OF $491,902 (AB2013 -249)
OTHER ITEMS
1. INTERLOCAL AGREEMENT WITH THE CITY OF BELLINGHAM REGARDING
ADMINISTRATION OF THE HOMEOWNER INCENTIVE PROGRAM (HIP)
(AB2013 -239) (7 :24:54 PM)
Weimer reported for the Natural Resources Committee moved to approve the
agreement.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND KIBBLE & PRENTICE FOR
BENEFIT CONSULTATION SERVICES FOR THE SELF - INSURED MEDICAL
PROGRAM, IN THE AMOUNT OF $45,000 IN 2014, $46,500 IN 2015, AND
$48,000 IN 2016 (AB2013 -193) (7 :25 :24 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Brenner moved to amend the contract so that it is for one year only. She doesn't
support a three -year contract. She was unimpressed with the terrible job they did trying to
inform the County employees. Today, she talked to a representative of the contractor, who
was very flippant. She asked what they are consulting with the County on, if they're not
coming up with some ideas. We don't know the contractor is giving the County the best
deal. She has no confidence in the contractor at all.
Whatcom County Council, 7/9/2013, Page 4
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Mann stated he could be persuaded to support the motion to amend the contract.
Crawford stated the contractor and the County administration have already signed
the contract. He asked if the Council can reject this contract and create a new contract.
Karen Frakes, Prosecutor's Office, stated she doesn't know the background of this
contract. In general, the Council can approve just one year. That doesn't mean the
contractor will accept the contract.
Mann asked if the County Executive knows of any reason that a one -year contract
would be a problem.
Jack Louws, County Executive, stated he agrees with comments from Ms. Frakes. He
doesn't know if the contractor would accept a one -year contract. He encourages the Council
to adopt the three -year plan. It's a professional consulting firm that goes onto the open
reinsurance market to provide the County information on insurance packages for its
employees. Last year was a difficult year. The contractor explained why that was. He has
confidence that the contractor will be able to shore up inadequacies of last year and move
forward. Kibble and Prentice has been the County's benefit advisor for quite a few years.
They've done a good job. He trusts the committee that went through this request for
qualifications (RFQ) process, which included Dan Gibson, Karen Goens, and Northwest
Regional Council Deputy Director Pat Atkinson.
Mann stated he appreciates Executive Louws' comments. When someone has a nice
government contract like that for a long time, one may need to be kept alert. Last year was
difficult. There were widespread complaints and people were upset. Keep the contractor for
a year and let them know they need to redeem themselves. They must give the County
their best effort every year. That is an okay message to send. He supports the motion to
amend.
Louws stated the Council could make the contract a three -year contract, with Council
approval annually.
The motion to amend carried by the following vote:
Ayes: Kremen, Brenner, Knutzen and Mann (4)
Nays: Crawford, Kershner, and Weimer (3)
The motion to approve as amended carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
3. REQUEST APPROVAL OF THE ECONOMIC DEVELOPMENT INVESTMENT
BOARD'S RECOMMENDATION FOR EDI FUNDING (AB2013 -241) (7:33 :12 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Brenner stated the Economic Development Investment (EDI) fund is a dedicated
fund paid into by all the jurisdictions and the county. The program is a two -third loan and
one -third grant. It was passed by the EDI Board. They've used the money for this type of
public facility before. It's not the County's money. She supports the request.
Whatcom County Council, 7/9/2013, Page 5
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Mann stated he doesn't disagree with Councilmember Brenner, but the Council's job
is to weigh the value of things, not to automatically approve everything the advisory bodies
recommend. Using economic development funds to pay for a City's water treatment plant
isn't economic development. Cities are supposed to do this. The City rate payers should
pay for their water and sewer. The County should use its EDI funds for things with a clear
and direct link between a project and economic development. He is against the request.
Kremen stated he agrees with Councilmember Brenner's position, but doesn't agree
that everyone pays into this. The rural sales tax applies to 31 of the 39 counties in
Washington State. It was established to compensate counties for their inability to generate
revenue due to the Growth Management Act. Whatcom County adopted a policy of using
the rural sales tax for economic development purposes. Unlike almost all the other
counties, Whatcom County set up a fund out of the rural sales tax. Sixty percent stayed in
the rural sales tax definition, and forty percent goes into the EDI fund. Within the fund, the
County enabled municipalities to use and distribute the money so they could provide for
economic development within their jurisdictions. He supports the request from the City of
Nooksack. It's infrastructure necessary for potential economic development. Without
adequate water treatment facilities, municipalities don't have much chance to provide
economic development in the future. This is a prudent and equitable way to use EDI funds.
For years, Whatcom County distributed these EDI funds, but never to the City of Nooksack.
Weimer stated he is against the request because the Department of Ecology may
fund all or part of this project. Normally these sewer treatment plants are funded from the
Department of Ecology through the Clean Water Act. This project is on hold until they find
out if they get funding from Ecology. He can't vote for this using local money if it's possible
the State will fund the project. He moved to amend to add a statement that this goes
forward only after the Department of Ecology has turned down funding for this project.
Don't use County funding instead of Department of Ecology funding.
Kremen suggested a friendly amendment that the money requested from the
EDI fund would be the last money in.
Weimer accepted the friendly amendment.
Crawford stated he is against the motion to amend. The Transportation
Improvement Board always requires a local match. He doesn't know how Ecology operates,
but the scoring is probably increased if there is a local match. The Council should keep this
on track. This is a good growth management exercise. It helps a city, where the growth
should go. Some of these places can't grow without expanded capacity. This sends a signal
that the County supports the development and infill of its cities. There may be an
environmental benefit. There is a benefit to growth management.
Weimer stated this isn't a match. The City asked the same amount from the
Department of Ecology. If they don't get the money from Ecology, they want to use the EDI
money. They are not asking for a match. There is already City money being used for a
match.
Kershner asked if there is a timeline for when Ecology will respond to Nooksack and
Everson.
Jack Louws, County Executive, stated he doesn't know when Ecology will respond to
the City of Nooksack. He shares concerns with Councilmember Crawford. The City of
Nooksack is looking for loan and grant money. He doesn't know if the funds from Ecology
Whatcom County Council, 7/9/2013, Page 6
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are loan money or grant money. The City of Nooksack is requesting a loan from Ecology.
He encourages the Council to approve as recommended.
Knutzen stated he is against the motion to amend. The project is worthwhile. The
City needs it.
The motion to amend failed by the following vote:
Ayes: Kremen and Weimer (2)
Nays: Crawford, Brenner, Knutzen, Mann, and Kershner (5)
Brenner stated she agrees with Councilmember Kremen.
Kremen stated he will vote for the request.
Brenner stated the money would go to the State if they didn't use it locally.
Kremen stated it would be best if the State paid most or all the amount. However,
that probably won't happen. This is a good project. The Cities of Nooksack and Everson
deserve to access this fund. The interest rate is one percent.
Mann stated he wants to encourage infill in all the cities. The argument can also be
made that upgrading the plant will encourage development in the urban growth area (UGA)
on the outskirts of Nooksack, and then the City would ask for a UGA expansion in 2016.
Cities should fund their own infrastructure.
Brenner stated Nooksack and Everson have been good about working with the
County to give up land in the flood plain and make sure they don't negatively impact flood
plains and agricultural land.
Kremen stated he agrees they shouldn't automatically approve everything that
comes from the EDI Board, which overwhelmingly recommended $600,000 for a study for a
terraquarium, which he didn't sign and didn't get developed.
The motion to approve carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: Mann (1)
4. RESOLUTION RESTORING THE WRIA 1 PLANNING UNIT TO ASSIST THE
WHATCOM COUNTY COUNCIL REGARDING WATER RESOURCES (AB2013-
190) (7:55 :27 PM)
Brenner reported for the Public Works, Health, and Safety Committee and stated a
new version will be on the website and available at the Council Office. The Council will hold
the new version to the next Council meeting on July 23.
Mann stated section 6 on page two of the amended version includes language in
brackets. It's language they discussed, but didn't vote to include.
5. ORDINANCE TO ENTER INTO A DEVELOPMENT AGREEMENT TO MITIGATE
FOR WETLAND BUFFER FILL IN ORDER TO CREATE ADDITIONAL PARKING
PURSUANT TO CONDITIONAL USE PERMIT (CUP) 2012 -00001 (AB2013 -234)
(7 :59 :39 PM)
Whatcom County Council, 7/9/2013, Page 7
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Knutzen reported for the Planning and Development 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)
6. RESOLUTION AMENDING WHATCOM COUNTY RESOLUTION NO. 2013 -007 TO
INITIATE CHANGES TO THE POINT ROBERTS CHARACTER PLAN (AB2013-
088A) (8:00:24 PM)
Knutzen reported for the Planning and Development Committee and 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)
7. ORDINANCE REPEALING THE 1986 LYNDEN - NOOKSACK VALLEY SUBAREA
PLAN AND AMENDING PROVISIONS IN THE WHATCOM COUNTY
COMPREHENSIVE PLAN RELATING TO SUBAREA PLANS (AB2013 -203)
(8:01:00 PM)
Knutzen reported for the Planning and Development Committee and moved to
forward for concurrent review.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
8. ORDINANCE REPEALING THE 1987 BIRCH BAY - BLAINE SUBAREA PLAN AND
AMENDING PROVISIONS IN THE WHATCOM COUNTY COMPREHENSIVE PLAN
RELATING TO SUBAREA PLANS (AB2013 -204) (8 :01 :50 PM)
Knutzen reported for the Planning and Development Committee and moved to
forward for concurrent review.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
9. ORDINANCE REPEALING THE 1986 CHUCKANUT -LAKE SAMISH SUBAREA
PLAN AND AMENDING PROVISIONS THE WHATCOM COUNTY
COMPREHENSIVE PLAN RELATING TO SUBAREA PLANS (AB2013 -205)
(8:03 :11 PM)
Knutzen reported for the Planning and Development Committee and moved to
forward for concurrent review.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 7/9/2013, Page 8
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INTRODUCTION ITEMS
(8: 03:19 PM)
Kershner stated Introduction Item nine has been withdrawn.
Crawford moved to accept Introduction Items one through eight.
Mann stated they need to hear from the public on the packinghouse ordinance. They
will benefit having input from the public at a public hearing.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. ORDINANCE AMENDING WHATCOM COUNTY CODE TO ALLOW
AGRICULTURAL AREA AMENDMENTS AND RELATED CHANGES AFFECTING
THE AGRICULTURE ZONE (AB2013 -128B)
2. ORDINANCE ADOPTING AMENDMENTS TO THE SIX -YEAR CAPITAL
IMPROVEMENT PROGRAM (CIP) FOR WHATCOM COUNTY FACILITIES (2013-
252)
3. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 10.34 FERRY
RATES(AB2013 -253)
4. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, EIGHTH
REQUEST, IN THE AMOUNT OF $178,129 (AB2013 -254)
S. ORDINANCE AMENDING ORDINANCE NO. 2013 -003 (FIRST AMENDMENT)
ESTABLISHING A PROJECT FUND FOR THE NEW JAIL PROJECT 2013 -2014
(AB2013 -255)
6. ORDINANCE ESTABLISHING THE NESSET FARM RESTORATION PROJECT
FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR THE NESSET
HOUSE RESTORATION PROJECT (AB2013 -256)
7. ORDINANCE AUTHORIZING AN INTERFUND LOAN TO FINANCE CASH FLOW
FOR THE NESSET FARM RESTORATION PROJECT FUND (AB2013 -256A)
8. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY CODE TO
ALLOW PACKINGHOUSES IN THE AGRICULTURE ZONING DISTRICT
(AB2012 -300B)
9. ORDINANCE AMENDING WHATCOM COUNTY CODE 12.20 ROAD VACATIONS
(AB2013 -238)
OTHER BUSINESS
There was no other business.
Whatcom County Council, 7/9/2013, Page 9
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REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
(8:05:07 PM)
Knutzen reported tomorrow he will attend the digester tour hosted by Washington
State University (WSU) Extension office. He looks forward to the Council approving the
option of getting rid of waste through a digester.
Brenner reported that her sympathies go to Ellen Baker, whose house burned down a
few days ago.
Kremen reported that his sympathies also go to Ellen Baker. Also, he attended
Washington State Forest Board meeting in Olympia a week ago. The Board gave its final
approval of the reconveyance, by a vote of 5 -1.
Crawford reported that Sunday was a bad day for drunk and unruly behavior on the
south fork of the Nooksack River. A number of neighbors had negative encounters with
people. There was a lot of garbage and unruly behavior. One idea is to adopt an ordinance
that requires everyone to wear life jackets. Another idea is to prohibit drinking on the river.
Brenner stated it's State law that prohibits drinking on a river.
Crawford stated he sympathizes with the neighbors. A lot of the negative behavior
occurred on private property, not on the river. It's not a good situation.
ADJOURN
The meeting adjourned at 8:10 p.m.
The Council approved these minutes on September 10, 2013.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Council Clerk Kathy Kershner, Council Chair
- Minutes Transcription
Whatcom County Council, 7/9/2013, Page 10