HomeMy WebLinkAboutCouncil June 4 20131
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WHATCOM COUNTY COUNCIL
Regular County Council
June 4, 2013
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy
Kershner, Carl Weimer and Pete Kremen.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
Kershner announced that the following items were discussed in Special Committee of
the Whole meetings throughout the day:
• Discussion with Senior Deputy Prosecutor Karen Frakes regarding a draft ordinance
amending Whatcom County Code Title 20, the official Whatcom County zoning maps,
and the Whatcom County Comprehensive Plan and maps to implement changes
related to rural land use planning (AB2013 -180). Discussed in executive session.
• Discussion regarding a proposed ordinance amending Whatcom County Code Title
20, the official Whatcom County zoning maps, and the Whatcom County
Comprehensive Plan and maps to implement changes related to rural land use
planning (AB2013 -180)
• Discussion regarding a proposed ordinance amending the Whatcom County Code to
allow packinghouses in the Agriculture Zoning District (AB2012- 300B). This item
was not discussed.
Consultant DLR Group, Inc. to present jail planning update (AB2013 -042B)
Kershner announced there was also discussion with Senior Deputy Prosecutor Liz
Gallery regarding pending litigation - Murphy v. Whatcom County Sheriff's Office and Sheriff
Bill Elfo (AB2013 -018) in executive session during the Committee of the Whole meeting.
Crawford moved to authorize the defense by the County of one of its officers,
officials, Sheriff Bill Elfo in this case. With the motion, the County Council affirmatively finds
that the official was acting in a manner in which the County had an interest, the official was
acting in the discharge of a duty imposed or authorized by law, and the official acted in
good faith.
Whatcom County Council, 6/4/2013, Page 1
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The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
MINUTES CONSENT
1. COMMITTEE OF THE WHOLE FOR MAY 7, 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)
PUBLIC HEARINGS
1. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 9 (PUBLIC PEACE,
MORALS, AND WELFARE) TO REVISE SECTIONS PRE - EMPTED BY STATE LAW
(AB2013 -182)
Kershner opened the public hearing and, hearing no one, closed the public hearing.
Brenner moved to adopt the ordinance.
Knutzen asked if this is to ban firearms in parks.
Crawford stated it's not. It's to align firearm regulations with State and federal law.
Knutzen read from the proposed ordinance section 9.32.085(A)(1) that prohibits
firearm discharge in a County park.
Crawford stated that regulation already exists. They are removing language from
the code, not adding language.
Karen Frakes, Prosecutor's Office, stated the State law preempts the County on
these issues and already covers this. The County cannot have this regulation as a County
law because of the preemption issue. This ordinance doesn't change anything because
State law controls. If anything, they are removing controls from County Code.
Crawford stated a citizen said a number of years ago that County Code doesn't follow
State law. He's glad to see they are finally doing this. The language that prohibits showing
a firearm in a park is against State law, which allows someone to show a firearm in a park.
Mann stated the whereas statements of the proposed ordinance explains that the
purpose of the ordinance is the clear State directive, not the merits of these matters.
Kremen stated Councilmember Knutzen should embrace and support this ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
Whatcom County Council, 6/4/2013, Page 2
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OPEN SESSION
The following people spoke:
• Ken Weaver spoke about the Catholic Community Services project (AB2013-
150).
• Larry Helm spoke about the County coordinating with the federal government
and the proposed packinghouse ordinance (AB2012- 300B).
• Greg Brown spoke about the proposed resolution reinstating the Planning Unit
(AB2013 -190).
Brenner stated the Executive totally supports the resolution, and asked the Council
to wait for one month, until the attorney is available. She's fine with waiting a month since
the Executive supports the resolution.
• Judy Tilley submitted and read from a handout (on file) and spoke about a
contractor depositing construction debris on her property.
• Charles Herrick submitted and read from a handout (on file) and spoke about
concerns the Whatcom Transit Authority (WTA).
• Stephen Gockley spoke about the Catholic Community Services project
(AB2013 -150).
• Theresa Mears spoke about the Catholic Community Services project
(AB2013 -150).
• Lorraine Newman submitted and read from a handout (on file) and spoke
about the proposed ordinance regarding the rural element (AB2013 -180).
• Kris Halterman submitted a handout (on file) and spoke about the proposed
ordinance regarding the rural element (AB2013 -180) and the Catholic
Community Services project (AB2013 -150).
• Ellen Baker spoke about the proposed Resolution Amending the 2013
Whatcom County Flood Control Zone District Budget, Third Request, In The
Amount Of $211,682 (AB2013 -211).
• Donna Clark spoke about the frightening streets in Bellingham compared to
the friendly streets of Mt. Vernon and the County's abstract regulations.
• Linda Twitchell, Building Industry Association of Whatcom County, spoke
about proposed ordinance regarding the rural element (AB2013 -180) and the
Catholic Community Services project (AB2013 -150).
• Patrick Alesse spoke about the Growth Management Act and the cost of
services.
• Chet Dowe spoke about the proposed ordinance regarding the rural element
(AB2013 -180).
CONSENT AGENDA
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through seven.
Brenner withdrew items one and five.
The motion to approve Consent Agenda items two, three, four, six, and seven carried
by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
Whatcom County Council, 6/4/2013, Page 3
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1. 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)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Brenner stated these are the consultants that made terrible presentations last year.
They didn't know what they were talking about and couldn't answer questions. She will not
support the contract.
Knutzen asked if there are any other options.
Brenner stated there could be a regional program with other counties. The other
counties are paying less per employee and getting more service.
Jack Louws, County Executive, stated the Human Resources (HR) Division sent out a
request for proposals (RFP). They received five or six proposals. This firm was the best
choice for Whatcom County. He agrees the presentations and the situation the County was
in last November and December were difficult to manage. In their defense, there are
challenges with the Affordable Health Care Act and working with the bargaining groups and
unrepresented employees. The federal government was not providing answers to questions
regarding the current plans and the high deductible plans. It was a difficult time. This firm
has done well for the County over the past years. He recommends approving the contract.
Kershner asked if the contract could be shortened to one or two years. Louws stated
that may be possible. If the Council holds this item, the HR Manager can answer the
question.
Brenner stated other counties and municipalities are also having difficult times.
Other choices are available. Last fall, she had reams of information from other counties
about programs that gave the employees more coverage for less per employee. Consider a
regional self- insured program. It's time to change direction.
Mann stated Councilmember Brenner did a lot of work on this last fall, and there
was a lot of negative feedback. He withdrew his motion to approve and moved to refer
to the Finance and Administrative Services Committee.
The motion carried by the following vote:
Ayes: Brenner, Mann, Knutzen, Kershner, Weimer and Kremen (6)
Nays: Crawford (1)
2. RESOLUTION AMENDING CRP NO. 912004 AND AUTHORIZING ADDITIONAL
FUNDS FOR THE AWARD OF THE CONSTRUCTION CONTRACT FOR LUMMI
ISLAND FERRY DOCK REMOTE CONTROL TO THE LOW BIDDER, DALTON
ELECTRIC COMPANY, IN THE AMOUNT OF $114,376.36 (AB2013 -194)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE
MILITARY DEPARTMENT EMERGENCY MANAGEMENT DIVISION TO ENHANCE
Whatcom County Council, 6/4/2013, Page 4
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THE COOPERATION AND COORDINATION AMONG LOCAL, TRIBAL, STATE,
AND FEDERAL LAW ENFORCEMENT AGENCIES IN A JOINT MISSION TO
SECURE THE INTERNATIONAL BORDERS OF THE UNITED STATES, THROUGH
THE US DEPARTMENT OF HOMELAND SECURITY FFY2012 OPERATION
STONEGARDEN PROGRAM, IN THE AMOUNT OF $725,000 (AB2013 -195)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AWARD BID
NO. 13 -37 TO THE LOW BIDDER, FOSS MARITIME COMPANY, FOR THE
ANNUAL DRYDOCK REPAIRS AND MAINTENANCE TO THE WHATCOM CHIEF
FERRY, IN THE AMOUNT OF $343,959 (AB2013 -196)
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF A MANUFACTURED RESTROOM BUILDING FOR INSTALLATION
AT LOOKOUT MOUNTAIN /OLSEN TRAILHEAD USING THE WASHINGTON
STATE CONTRACT, FROM VENDOR CXT, INC., IN THE AMOUNT OF $85,459.68
(AB2013 -197)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Brenner stated the funding comes from the real estate excise tax (REET) 2. The jail
alone is going to need major and expensive stormwater facilities, which are in addition to all
the stormwater facilities the County will be required to install in the Lake Whatcom
watershed. The County doesn't have enough money in the REET 2 fund. At some point,
the Parks Department needs to prioritize its most important items.
The motion carried by the following vote:
Ayes: Mann, Crawford, Kershner, Weimer and Kremen (5)
Nays: Brenner and Knutzen (2)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM
COUNCIL OF GOVERNMENTS FOR THE COMPREHENSIVE ECONOMIC
DEVELOPMENT STRATEGY UPDATE, IN THE AMOUNT OF $12,500 (AB2013-
198)
7. RESOLUTION ACCEPTING THE ADDITION OF THREE WHATCOM COUNTY
CAPITAL PROJECTS INTO THE 2010 WHATCOM COMPREHENSIVE ECONOMIC
DEVELOPMENT STRATEGY (CEDS) (AB2013 -199)
OTHER ITEMS
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN THE WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT AND WASHINGTON STATE RECREATION AND
CONSERVATION OFFICE FOR THE CANYON CREEK BARRIER REMOVAL
PROJECT, IN THE AMOUNT OF $832,302, FOR A TOTAL AMENDED CONTRACT
IN THE AMOUNT OF $2,171,362 (AB2013 -191)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Whatcom County Council, 6/4/2013, Page 5
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Mann reported for the Finance and Administrative Services Committee and moved
to approve the request. He is going to vote against the request. It's a bailout for folks who
built in a dangerous area. They must take responsibility for what happens there. Now the
taxpayers are on the hook for $2 million to protect their houses. It's not fair or equitable.
Crawford stated the flood fund protects people who built in places affected by floods.
He asked if Councilmember Mann is in favor of removing them.
Mann stated he is not a fan of being in the Federal Emergency Management Agency
(FEMA) flood control program. He would rather see people pay more directly for the
services they get. This is an asymmetrical bailout. He doesn't like bailing out people who
build in unsafe areas, whether it's the Mississippi River, the bottom of a mountain, or a flood
plain.
Crawford stated consider putting on the ballot the elimination of the flood tax.
Mann stated that's extrapolating the point too far. His point is that this is $2 million
for a place that has very few houses at the base of a place with obvious flooding history.
It's not an appropriate place to build.
Crawford stated the purpose for this is the same reason the County uses flood
money to bail out everybody.
Mann stated that per capita, it's too asymmetrical.
Brenner stated those lots were created a long time ago. The County issued the
permits. The County may not have liability, but it has some responsibility. Also, the County
has roads in the area. This project will create a different area with less opportunity and
ability for the floods to occur like they do now. Not doing something is very dangerous. It's
too bad they didn't know better way back when, but this is where they're at now.
Knutzen stated this issue is also about critical infrastructure, the State highway,
which has been washed out before. He commends staff for finding non - County funding to
pay for this project. He will support it.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Knutzen, Kershner, Weimer and Kremen (6)
Nays: Mann (1)
2. RESOLUTION IN THE MATTER OF THE SALE OF SURPLUS PROPERTY
PURSUANT TO WCC 1.10 (AB2013 -192)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the resolution.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
LOAN AGREEMENT BETWEEN WHATCOM COUNTY AND CORNWALL HOUSING,
LLC TO SUPPORT THE CORNWALL HOUSING PROJECT, IN THE AMOUNT OF
$300,000 (AB2013 -150)
Whatcom County Council, 6/4/2013, Page 6
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Mann reported for the Finance and Administrative Services Committee and moved
to approve the request. He will not support this agreement. He supports the mission of the
project. He doesn't have confidence in the project manager, and the location is not
appropriate at this time. He is worried about the impacts to the surrounding neighborhood
based on the track record of the applicant.
Knutzen stated he thanks the Health Department, downtown merchants,
Councilmembers Mann and Brenner, and Catholic Community Services for working through
this. He has some major concerns that the City purchased the property with the parking
fund, and the merchants expected to get more parking in the downtown area so they could
adequately run their businesses. The impact will be a loss in parking. This will take away
some of the parking. The memorandum of agreement (MOA) does not address the concern
that the Council expressed about ensuring there won't be problems. He can't support the
project in its current form.
Brenner stated she is viewing this as a person who is mentally ill, was homeless, and
has lived in this type of housing. This type of housing was the worst to stabilize her. She
was fine with it, but no one around her was fine. The people, who have legitimate
concerns, have been portrayed as bad guys. That's disappointing. This proposal is great,
but is in the wrong location. If developed in the proper location, it would be much more
efficient and they could use the money for more people for a longer period of time.
Kremen stated this is not an easy black or white issue. There is some merit to the
opponents of this project. He agrees with Councilmember Knutzen about the City of
Bellingham, which sold the property in question and issued the permits for the project to go
forward. This project, no matter where it's located, will have opposition. The project needs
to be located in a fully- serviced area with public transit. Because the population needs to
be served and because the loan comes from a fund dedicated to this kind of project, he will
support the loan request.
Kershner stated she lives in Bellingham. She has a career in social services and
understands this issue well. She sees a continued increase in a population that needs help.
In the three years she has been on the Council, the County has spent millions of taxpayer
dollars on programs to house, feed, and provide services to people. More and more people
need help. She does not feel safe downtown. The downtown businesses have already lost
her business. Bellingham is listed as one of the top places to come for people who don't
have a job and need support, because they spend lots of money on those people. Help
people who need it. Use the money from the new City housing fund for low income housing
to build a place, and save County mental health and behavioral health tax dollars to provide
actual services that could help people. She will not support the request because of the
impact to downtown businesses. She respects the businesses who have come forward and
expressed their concerns.
Weimer stated he is going to support this request. They have a homeless housing
effort that has won national recognition for what they're doing. When the economy fell in
2008, a lot of people were hurt and ended up in places they didn't want to be. They are
starting to dig their way out of it. Downtown is the right location because it is near
services. The model is shown to work. If it's built downtown, maybe those people won't be
hanging out on the streets. He has worked downtown for over 20 years and been there late
at night. He does not feel unsafe from the homeless people. Bellingham is not an unsafe
place. As the Board of Health that runs homeless housing, they are responsible to have a
piece of this project.
Whatcom County Council, 6/4/2013, Page 7
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Jack Louws, County Executive, stated he supports this and gave a staff report. The
money spent would create good in the community and for the people who are suffering from
mental health and substance abuse issues. There is a plan and money is available. The
loan gives the County the opportunity to be involved in the project. The loan condition is
that they will provide 24/7 services. The memorandum of agreement goes beyond that in
terms of operational integrity. Not getting involved in the project will negate the County's
opportunity to get involved and be heard in the future if there are concerns.
Mann stated he believes this will help people. However, the folks who are generating
this tax, the downtown business owners, are being run over by this project. Someone
needs to stand up for them. Denying the request will notify future requestors, who may
expect the Council to approve everything, to think twice about any proposal. Send the
message that proposals need to be better than this to get Council approval.
Kremen stated there is some merit to the concerns expressed by the opponents. He
would like to know where they propose constructing this facility that would have less
opposition. There will be opposition regardless of the location.
Mann stated the problem isn't necessarily the address on that street, although that is
a problem. That block has more than its fair share of subsidized housing for populations
that have challenges. He might support the project if he had confidence that the project
manager would take seriously the concerns of the community. It's been clear to him that
the project manager didn't understand the concerns of the community or think they were
valid. His problem is the combination of this location and the track record of the project
manager.
Brenner stated the YWCA is a perfect example of someone who has done an
incredible job downtown. They provide a lot of services for many people. An entertainment
district is not suitable for future tenants. People are not going to be able to relax and
stabilize. The area is extremely loud. She would be willing to find an alternate place. This
wasn't their first proposal. They were going to do senior housing, but didn't get a grant for
it. Then they turned to this. The County was rushed the entire time, and they needed to
look at this on the priority list compared to all the things they want for mental health and
substance abuse services. The County would have heard from more people if they hadn't
been intimidated. Move on and find a better location.
Knutzen stated this project was bought with parking fund dollars. These people fully
expected parking from those dollars. Instead, the downtown merchants are getting less
parking. The wording of the MOA is weak. They have made an effort to provide 24 -hour
onsite manager and a process for making sure there was good behavior. He appreciates the
effort, but it's not good enough. The MOA was done poorly, and he's disappointed.
The motion failed by the following vote:
Ayes: Crawford, Weimer and Kremen (3)
Nays: Mann, Knutzen, Brenner, and Kershner (4)
4. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S REAPPOINTMENT
OF GLEN HALLMAN AND SHARON WOLF TO THE NORTHWEST SENIOR
SERVICES BOARD (AB2013 -200)
Whatcom County Council, 6/4/2013, Page 8
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Crawford moved to confirm the appointments. They are both fantastic people who
have given a lot to the community over the years. He appreciates their service. Mr.
Hallman is committed to making sure senior services are delivered efficiently and helpfully.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
S. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
MEL MONKELIS AND JOHN GIBB TO THE LODGING TAX ADVISORY
COMMITTEE (AB2013 -201)
Mann moved to confirm the appointments.
Brenner stated she is very impressed with their credentials.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
6. RESOLUTION RESTORING THE WRIA 1 PLANNING UNIT TO ASSIST THE
WHATCOM COUNTY COUNCIL REGARDING WATER RESOURCES (AB2013-
190)
Brenner moved to hold for one month.
Jack Louwes, County Executive, asked that it be scheduled in committee before the
evening meeting so the legal counsel can be present and discuss minor changes that align
with the Revised Code of Washington (RCW).
Brenner amended her motion and moved to refer to Public Works Committee in
one month.
Kremen stated schedule it for four weeks instead of one month. Schedule the
resolution July 9, 2013.
Brenner accepted the suggestion and moved to refer to the Public Works
Committee on July 9, 2013.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
INTRODUCTION ITEMS
Crawford moved to accept Introduction Items one through 14
Brenner stated schedule Introduction Item 10 after the discussion about the Water
Resource Inventory Area (WRIA) 1 Planning Unit discussion on July 9, not in two weeks.
Whatcom County Council, 6/4/2013, Page 9
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Jack Louwes, County Executive, stated address it in two weeks, and then postpone it
if necessary. He would like to make the presentation. Leave it as an Introduction Item
tonight.
Knutzen asked if they have to deal with all three items in that budget request
concurrently, or if they have the option to take one out. Louws stated the Council may split
it up if it chooses.
Dana Brown- Davis, Clerk of the Council, stated item 14 was held in committee and
should be removed from Introduction Items.
Crawford amended his motion and moved to accept Introduction Items one
through thirteen.
vote:
Weimer withdrew item thirteen and asked to vote on it separately.
The motion to accept Introduction Items one through 12 carried by the following
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
1. ORDINANCE AMENDING THE WHATCOM COUNTY ZONING CODE TITLE 20 TO
CREATE CHAPTER 20.51, LAKE WHATCOM WATERSHED OVERLAY DISTRICT,
AND RELATED COMPREHENSIVE PLAN AMENDMENTS (AB2013 -102A)
2. ORDINANCE REPEALING THE 1986 LYNDEN - NOOKSACK VALLEY SUBAREA
PLAN AND AMENDING PROVISIONS IN THE WHATCOM COUNTY
COMPREHENSIVE PLAN RELATING TO SUBAREA PLANS (AB2013 -203)
3. ORDINANCE REPEALING THE 1987 BIRCH BAY - BLAINE SUBAREA PLAN AND
AMENDING PROVISIONS IN THE WHATCOM COUNTY COMPREHENSIVE PLAN
RELATING TO SUBAREA PLANS (AB2013 -204)
4. ORDINANCE REPEALING THE 1986 CHUCKANUT -LAKE SAMISH SUBAREA
PLAN AND AMENDING PROVISIONS THE WHATCOM COUNTY
COMPREHENSIVE PLAN RELATING TO SUBAREA PLANS (AB2013 -205)
5. ORDINANCE AMENDING WCC 3.08, PURCHASING SYSTEM (AB2013 -206)
6. ORDINANCE AMENDING WCC 1.10, PROCEDURES FOR MANAGEMENT AND
DISPOSITION OF COUNTY -OWNED PERSONAL AND REAL PROPERTY
(AB2013 -207)
7. ORDINANCE ESTABLISHING THE SUPERIOR COURT FOURTH JUDGE
COURTROOM RENOVATION PROJECT AND ESTABLISHING A PROJECT BASED
BUDGET FOR THE SUPERIOR COURT FOURTH JUDGE COURTROOM,
RENOVATION PROJECT (AB2013 -208)
8. ORDINANCE AMENDING ORDINANCE NO. 2012 -053 (AMENDMENT #1)
ESTABLISHING THE RURAL ROAD SAFETY PROGRAM FUND AND
ESTABLISHING A PROJECT BASED BUDGET FOR THE RURAL ROAD SAFETY
PROGRAM (AB2013 -209)
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9. ORDINANCE AMENDING THE 2013 WHATCOM COUNTY BUDGET, SEVENTH
REQUEST, IN THE AMOUNT OF $1,500,069 (AB2013 -210)
10. RESOLUTION AMENDING THE 2013 WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BUDGET, THIRD REQUEST, IN THE AMOUNT OF $211,682
(AB2013 -211) (Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors)
11. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, FIRST
REQUEST, IN THE AMOUNT OF ($2,496) (AB2013 -212)
12. ORDINANCE RESCINDING ORDINANCE 87 -86 AND CLOSING THE DRUG TASK
FORCE REVOLVING BANK ACCOUNT (AB2013 -213)
13. DISCUSSION REGARDING A PROPOSED ORDINANCE AMENDING WHATCOM
COUNTY CODE TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING MAPS,
AND THE WHATCOM COUNTY COMPREHENSIVE PLAN AND MAPS TO
IMPLEMENT CHANGES RELATED TO RURAL LAND USE PLANNING (AB2013-
180)
Crawford moved to accept item number 13.
Weimer stated he cannot support this item.
Brenner stated a citizen indicated today that amendments about rural, one unit per
ten acres (R10A) would not allow them to be in urban growth areas. Be clear that R10A
zoning can be in urban growth areas.
Crawford stated they will have a hearing in two weeks and can deal with it then.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, and Kremen (6)
Nays: Weimer (1)
14. DISCUSSION REGARDING A PROPOSED ORDINANCE AMENDING THE
WHATCOM COUNTY CODE TO ALLOW PACKINGHOUSES IN THE
AGRICULTURE ZONING DISTRICT (AB2012 -300B)
This item was held in committee.
OTHER BUSINESS
UPDATE RELATED TO MULTIPLE FERRY OPERATION ISSUES (AB2013 -162A)
Brenner reported for the Public Works, Health and Safety Committee and stated
she's not sure how to proceed. She was fine with the update, but others wanted
clarification. They should contact Director Abart.
Kershner stated the Council wanted the Ferry Advisory Committee to bring forward
recommendations to clarify how they distribute the ferry fund monies.
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Brenner stated Jeff Monsen said the attributable funds don't have to be used for the
ferry, but can be. The Council will have to make a decision.
Crawford stated the Council received a letter from Chris Wietzel, and each
councilmember should commit to reading it. Consider his letter to Larry Brown, the Sudden
Valley Board of Directors President, in which he does an analysis of the impacts to the
Sudden Valley Community Association on stormwater standards for residential construction
and in which small lots aren't exempted. He also corrects a misunderstanding that small
lots will be exempted until a community stormwater system was developed. That's not
what is being put forward. Mr. Wietzel understands Sudden Valley. He's made a career out
of buying and selling real estate in Sudden Valley. This is the most in -depth review he's
seen.
Mann stated he was extraordinarily underwhelmed by the thoroughness of the
presentation the Council received today about the jail. He could have put it together in High
School. The needs analysis was the extrapolation of a line. The architect said the sun
pattern here was fairly typical that the sun rises in the east and moves west. His first
impression of the consultants was bad, given how much money they are spending on an
important project. The administration should convey to the contractor that he was not
impressed and would like to see more rigorous input on their part.
Jack Louws, County Executive, stated he spent 16 to 20 hours with the group over
the last couple of months. The presentation today was done within 45 minutes. They were
under instruction to do a brief presentation in an hour. There is a lot more information
underneath what they presented today. They went through eight different projections, and
presented two today. The challenge is that the County has no control over how many
people will be served, as mandated by the State and federal government. The
Councilmembers are welcome to engage with the consultants. Keep an open mind. They
are doing a really good job at this time listening to concerns and working with the City of
Ferndale and County staff.
Mann stated he is most often asked about the jail during this campaign season. He
says he will support the needs analysis, which is rigorous and will do a good job of
evaluating needs. What they were presented with today was not anything like that. He
understands the lack of control over jail populations, but that doesn't justify what appeared
to be a very rudimentary graph line extension exercise. The contractor tried to use
statistical terms today that were totally invalid. Coincidence is not statistical validity. He
will talk to them about that part of the analysis. He's been assuring constituents that they
are doing a good job on it, but he doesn't have that confidence any longer. He would like to
sit down with them and review their analysis.
Kremen stated the point today was that they took into consideration the exposure of
the facility as they have developed plans. It's easy to criticize and chastise them. He was
impressed by the fact that they considered the elements and weather patterns of that
location. When the councilmembers asked questions to the presenters, the answers were
informative and responsive.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Kremen stated he is doing a teleconference. He wishes he were able to be in Eastern
Washington in person, but he will attend via telephone for three hours to save the County
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money. He will get an update from the Washington Association of Counties on the
legislature and certain County initiatives. He will report back at the next meeting.
Brenner stated she attended an event called Communities and Schools that was
wonderful. The children performed Improv. It's a great organization. Help with this
organization any time they can.
Regarding senior services, she would like an update on the senior meals program.
Compared to other counties, Whatcom County provides much fewer meals.
Mann stated he's glad Councilmember Kremen was impressed by the jail consultant
incorporation of the elements into their report. As someone who has taken multiple
architecture classes and has an engineering degree, weather and exposure is taught
freshman year of architecture school. It is not advanced thinking on their part.
Knutzen stated he spent a week that was about water, including the water
symposium and a presentation by the U.S. Geological Survey (USGS) about the amount of
sediment that is coming down the Nooksack River, which is very alarming. One and a half
million tons of sediment comes down the river and accumulates. It is changing what goes
on in the bay. He also had meetings with farmers and Congresswoman DelBene about
water. The water symposium was well done and he is impressed with the USGS data on the
Nooksack watershed. The sediment management program has projects that he hopes will
happen.
Weimer stated he is thankful he is the last as he has to be in Alberta in the morning.
They sit at the crossroads of the energy hub of the northwest, given the four refineries, the
trainloads of oil, and the natural gas hub. He has been asked to give the keynote address
tomorrow at the National Energy Board of Canada.
Kershner stated she congratulates Councilmember Crawford for being elected chair
of the Washington State Transportation Improvement Board.
ADJOURN
The meeting adjourned at 8:51 p.m.
The Council approved these minutes on July 9, 2013.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council(g-.o.w hatcom .wa.us
Whatcom County Council, 6/4/2013, Page 13