HomeMy WebLinkAboutCouncil March 26 20131
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WHATCOM COUNTY COUNCIL
Regular County Council
March 26, 2013
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 7:03 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(7:03:54 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy
Kershner, Carl Weimer and Pete Kremen.
Absent: None.
FLAG SALUTE
Boy Scout Troop 4006 lead the flag salute.
ANNOUNCEMENTS
Kershner announced there was discussion of the following items in executive session
during the Committee of the Whole meeting:
• Strategy planning discussion and positions to be taken regarding collective
bargaining (AB2013 -018a)
• Discussion regarding a potential property acquisition with County Executive Jack
Louws and Sheriff Bill Elfo (AB2013 -018b)
• Discussion with County Executive Jack Louws regarding a possible property
acquisition for general government purposes (AB2013 -018c)
SPECIAL PRESENTATION
1. STEVE HOOD, DEPARTMENT OF ECOLOGY, TO ANNOUNCE AND BRIEFLY
DESCRIBE THE DRAFT TOTAL MAXIMUM DAILY LOAD (TMDL) COMMENT AND
APPROVAL PROCESS, EMPHASIZING THAT THIS IS A STATE PROCESS, NOT A
COUNTY PROCESS (AB2013 -109)
Steve Hood, Department of Ecology, submitted and read from a presentation (on
file) describing the total maximum daily load (TMDL) process.
Kremen stated the Councilmembers heard this presentation earlier today at a
committee meeting, during which they asked a lot of questions and had a lot of discussion.
Kershner asked when the comment period will be over and this process will be
officially in place. Hood stated they are accepting comments until May 28. He will respond
to comments as part of the submission process to the Environmental Protection Agency
Whatcom County Council, 3/26/2013, Page 1
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(EPA). They may make small changes based on those comments. Substantive changes
would require another comment period. Once EPA receives it, they have 60 days to
evaluate it and issue a letter, which becomes an enforceable TMDL.
Kershner asked if the County can benefit from starting work now or should wait.
Hood stated the County has already been doing a lot of improvements that go toward
meeting the goal. The County identified five years ago things that needed to be done.
There is no reason to delay the next iteration of that work.
PUBLIC HEARINGS
1. ORDINANCE ESTABLISHING SPEED LIMITS ON CERTAIN COUNTY ROADS
(AB2013 -106) (7 :24:59 PM)
Joe Rutan, Public Works Department, gave a staff report. For the Pacific Highway,
staff recommends signage at 40 miles per hour due to a curve that does not meet the
criteria for 45 miles per hour. The second project recommendation is for a 45 -mile per hour
speed limit. The third street is a residential street off Yew Street Road named Bass Street.
When the road was developed, the speed limit was never addressed, but should have been
signed at 25 miles per hour. Given current development in the area, the limit should be
reduced from the current 35 miles per hour to 25 miles per hour. For Autumnwood Court,
the recommendation is for a speed limit of 25 miles per hour.
Kershner opened the public hearing and, hearing no one, closed the public hearing.
Knutzen moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
2. RESOLUTION REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING FOR NEW OR EXPANDED DIRECT SERVICES TO PERSONS WITH
LOW AND MODERATE INCOMES IN ISLAND, SAN JUAN AND WHATCOM
COUNTIES WITH THE OPPORTUNITY COUNCIL AS SUB - RECIPIENT AND
WHATCOM COUNTY AS LEAD AGENCY (AB2013 -107) (7 :30 :48 PM)
(Clerk's Note: The CDBG required handouts were included in the Council's packet
and available to the public at the public hearing.)
Kershner opened the public hearing and, hearing no one, closed the public hearing.
Kremen moved to approve the resolution.
Knutzen stated the Council received a letter about administration. He asked if that
letter refers to County management of this item. It looks like the Opportunity Council is
going to contribute $3,000 for administration, and the County will absorb the rest. He
asked if that's correct.
Dave Finet, Opportunity Council, stated that's correct.
Whatcom County Council, 3/26/2013, Page 2
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Knutzen asked if the County will manage the grant and distribute the funds. Finet
stated that's correct. The maximum the CDBG allows for the County is $3,000, which is
low. They felt it was right to contribute $3,000 more from discretionary funds to help
support the Executive's Office in administering the grant. The funds are flexible, and are
used for information and referral. It's one of the hardest things to get funding to do. These
funds are very important to the Opportunity Council and are used at the East Whatcom
Resource Center for staffing.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
OPEN SESSION
The following people spoke:
• Anne Mosness spoke about the proposed resolution endorsing Washington
State Initiative 522 requiring labeling of genetically engineered food products
(AB2013 -132).
• Sheri Lambert spoke about a motocross track on the Hemmi Road.
Jack Louws, County Executive, stated he will discuss the issue with the Planning
Director. Increased activity is outside the scope of what the owner is allowed to do. The
challenge is that the use existed before the County regulations.
• Natalie McClenden spoke about the proposed resolution endorsing Washington
State Initiative 522 requiring labeling of genetically engineered food products
(AB2013 -132).
• Roni Lenore submitted a handout (on file) and spoke about the proposed
resolution endorsing Washington State Initiative 522 requiring labeling of
genetically engineered food products (AB2013 -132).
• Max Perry spoke about the Lake Whatcom total maximum daily load (TMDL)
report (AB2013 -109), the proposed resolution endorsing Washington State
Initiative 522 requiring labeling of genetically engineered food products
(AB2013 -132), and parcel reconfiguration (AB2013 -128).
• Janet Marino, Whatcom Peace and Justice Center, spoke about a Cornwall
supportive housing project.
• Theresa Meurs spoke about homelessness in Whatcom County and a Cornwall
supportive housing project.
• Peter Blackburn spoke about a Cornwall supportive housing project.
• Jennifer Moon spoke about a Cornwall supportive housing project.
• Rebecca Johnson spoke about a Cornwall supportive housing project.
• Mike Parker, Catholic Community Services, spoke about a Cornwall supportive
housing project.
• Stephen Gockley spoke about a Cornwall supportive housing project.
• Karen Weil spoke about the proposed Forestry Advisory Committee.
• Steven J. Carter spoke about a motocross track on the Hemmi Road.
Brenner stated Executive Louws will be working on this issue, which is an
administrative issue.
Whatcom County Council, 3/26/2013, Page 3
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Kris Halterman spoke about the Lake Whatcom total maximum daily load
(TMDL) report (AB2013 -109) and about the transfer of development rights
(TDR) program (AB2013 -115).
Roland Trenouth spoke about a Cornwall homeless housing project.
Scott Connolly, Assumption Parish, spoke about Catholic Community Services.
CONSENT AGENDA
(8:14:34 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through six.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BERK & ASSOCIATES, INC.
RELATED TO THE 2016 WHATCOM COUNTY COMPREHENSIVE PLAN UPDATE
AND UGA REVIEW, IN THE AMOUNT OF $140,000 (AB2013 -119)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND SNOHOMISH
COUNTY FOR FUNDING THE STATE HOMELAND SECURITY PROGRAM, IN THE
AMOUNT OF $48,380 (AB2013 -120)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND REISNER
DISTRIBUTOR, INC. FOR CARD LOCK FUEL SERVICE, IN THE AMOUNT OF
APPROXIMATELY $300,000, FOR A TOTAL AMENDED CONTRACT IN THE
AMOUNT OF APPROXIMATELY $2,300,000 (AB2013 -121)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE STATE OF
WASHINGTON DEPARTMENT OF HEALTH FOR THE POLLUTION
IDENTIFICATION AND CONTROL PROGRAM, IN THE AMOUNT OF $164,000
(AB2013 -122)
5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND EDGE ANALYTICAL LABS FOR
WATER QUALITY ANALYTICAL TESTING SERVICES, IN THE AMOUNT OF
$29,700 (AB2013 -123)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN
WHATCOM COUNTY AND CDW -G TO COMPLETE THE COUNTYWIDE E -MAIL
SYSTEM UPGRADE, IN THE AMOUNT OF $50,825, FOR A TOTAL AMENDED
CONTRACT IN THE AMOUNT OF $123,105 (AB2013 -124)
Whatcom County Council, 3/26/2013, Page 4
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OTHER ITEMS
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN MT. BAKER FOOTHILLS CHAMBER OF
COMMERCE AND WHATCOM COUNTY TO AUTHORIZE FUNDING FOR THE
BAKER BIRCH BAY TOURISM PROMOTION PROJECT, IN THE AMOUNT OF
$247,000 OVER THE NEXT FOUR YEARS FOR A TOTAL CONTRACT AMOUNT
OF $400,000 AS ORIGINALLY RECOMMENDED BY THE LODGING TAX
ADVISORY COMMITTEE (AB2013 -053) (8 :14:57 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Kershner stated she supports the request. The project is great.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
2. ORDINANCE AMENDING THE 2013 WHATCOM COUNTY BUDGET, FOURTH
REQUEST, IN THE AMOUNT OF $51,410 (AB2013 -105) (8 :15 :59 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
Brenner stated she is against the motion because it uses real estate excise tax
(REET) II funds for the Samish dock. There is money in the park funds that can be used for
this. REET II money should be used for issues associated with the new jail. Don't keep
using money from this fund. She supports the Sheriff's request in this ordinance. She also
supports repairing the dock, but not with REET II money.
Knutzen stated he agrees with Councilmember Brenner about not using REET II
funds and about supporting the other projects in the ordinance.
Mann stated he supports the ordinance. This same project has come forward many
times. The County does more than build jails and pave roads. People value parks, docks,
and lake access. It's a reasonable expenditure of $27,000 compared to the millions of
dollars the County will spend on the jail. This dock and access to the lake is important.
Brenner stated there is money in other funds that can be used for this expense.
She's never voted for this item. A paths and trails fund in the Public Works Department
may be a possible funding source. This is about the source of the funds, not fixing the
dock. The jail costs will be very expensive. They still have not gotten a breakdown of
money spent from the REET I and II funds.
Knutzen stated the cost isn't only $27,000. The total project is over $100,000. It's
been before the Council five times for a number of reasons.
Kershner asked if it's true they don't have funds in the Parks Improvement Fund.
Mike McFarlane, Parks and Recreation Department Director, stated there is money in
the fund, but its otherwise allocated. This has been before the Council multiple times
Whatcom County Council, 3/26/2013, Page 5
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because it has not been a project -based budget. He described the history of this item
before the Council.
Kershner stated this is before the Council tonight because the funds weren't
expended during the last budget cycle, and they're coming forward again. McFarlane stated
the docks have been constructed. They're at the manufacturer's and waiting to be
delivered. This is for upland work necessary to attach the docks to the shoreline, which
they can't do until they get to June, when the watershed window opens.
Knutzen asked if they could use conservation futures funds for this dock. McFarlane
stated conservation futures can be used for the maintenance of properties, but not for
capital projects and development. This is not eligible for conservation futures, because this
isn't a property that was used. It is not property maintenance. It is a replacement of an
asset in the park. Each particular fund has certain restrictions. The paths and trails fund
can't be used for dock replacement. The conservation futures fund can't be used for trails.
Kershner asked if this expense could have been funded from any other fund.
McFarlane stated REET II was set up to deal with capital projects and replacements like this.
The general fund can be used. They see how the projects rank statewide for grant funds.
This project didn't rise to that level. They are using State funds for the docks and the piles
at Point Roberts, which competed on a statewide basis.
Brenner stated this isn't just about the jail. One of the biggest uses for the REET II
fund is for stormwater facilities. The County needs stormwater facilities to help clean up
water in the Lake Whatcom watershed. The jail will need stormwater facilities. They are
talking about big issues of cleaning water and keeping water clean. At some point, the
County will have to prioritize the REET I and REET II fund. Get the dock done with other
funds.
The motion carried by the following vote:
Ayes: Mann, Crawford, Kershner, Weimer and Kremen (5)
Nays: Brenner and Knutzen (2)
3. ORDINANCE ESTABLISHING THE WHATCOM COUNTY FORESTRY ADVISORY
COMMITTEE (AB2013 -098) (8:28:30 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance with the substitute page, which includes one amendment made in
committee.
Kremen stated he thanks Councilmember Knutzen for offering the amendment,
which is workable and most can support.
Brenner stated this is an advisory committee about the forestry industry. The State
says the County must prioritize the industry. This is about getting information from that
industry. It's really helpful to have advisory committees specific to an industry.
Kershner stated she thanks Councilmember Knutzen for bringing this forward.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
Whatcom County Council, 3/26/2013, Page 6
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4. REQUEST APPROVAL OF THE INTERNATIONAL ORGANIZATION OF MASTERS,
MATES AND PILOTS (MMP) AND INLANDBOATMEN'S UNION OF THE PACIFIC
(IBU) COLLECTIVE BARGAINING AGREEMENT AND MEMORANDUM OF
UNDERSTANDING AND SETTLEMENT (AB2013 -116)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
(8:31:34 PM)
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
S. RESOLUTION AMENDING RESOLUTION NO. 2012 -039, SALARY SCHEDULE
AND POLICIES FOR UNREPRESENTED WHATCOM COUNTY EMPLOYEES
(AB2013 -117) (8:31:58 PM)
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)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT AND WASHINGTON STATE RECREATION AND
CONSERVATION OFFICE FOR THE CANYON CREEK BARRIER REMOVAL
PROJECT, IN THE AMOUNT OF $365,310, FOR A TOTAL AMENDED CONTRACT
IN THE AMOUNT OF $1,339,060 (AB2013 -118) (8:32 :26 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
7. RESOLUTION ENDORSING WASHINGTON STATE INITIATIVE 522
REQUIRING LABELING OF GENETICALLY ENGINEERED FOOD PRODUCTS
(AB2013 -132) (8:33 :18 PM)
Brenner reported for the Public Works, Health, and Safety Committee. She
wholeheartedly endorses the resolution. The other sponsors of the resolution have
reconsidered their sponsorship for various reasons. She did her homework on this issue.
People have a right to know what they're getting when they buy a product to eat.
Kremen stated the committee voted to hold this in committee. They are obligated to
take that action tonight.
Whatcom County Council, 3/26/2013, Page 7
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Brenner stated that isn't a vote of the full Council.
Knutzen moved to remove this resolution from Council consideration.
Crawford stated the Council should not be in the business of weighing in on citizen -
sponsored initiatives, especially for issues the County Council would not regulate. Leave it
to the citizens to figure out. He doesn't have a strong opinion on the labeling issue. He
hasn't received enough information to determine how he will vote in November. His first
instinct is to hear from the Agricultural Advisory Committee. His passion is to do everything
possible to help the local agricultural industry, including the entire agricultural process.
Ninety -eight percent of the agricultural products leave Whatcom County. It's important to
make sure they're on board with any initiative the County takes. It's not the Council's role
to get into the middle of the issue.
Brenner stated she would like to know the Agricultural Advisory Committee's view on
genetically modified organisms (GMOs). The Agricultural Advisory Committee doesn't have
the right to tell her whether she can see something on a label. This is only about putting
something on a label. There should be a choice. She wouldn't otherwise be able to find
information on whether a product includes GMOs. They deserve to have information. She
would like to hear from the Public Health Advisory Committee about genetically engineered
products, but this is about her ability to see what she is buying to consume.
Mann stated they could spend a lot of County resources debating something the
County has no control over or that has no nexus with Council responsibilities. He has no
special expertise on the issue. He's reluctant to give the Council's stamp of approval on a
statewide ballot initiative. He will probably vote for this on the ballot, but he doesn't see it's
the Council's role to weigh in on it.
Kremen stated the farm gate value in Whatcom County is extremely significant. The
value is in the top one -half of one percent of all the counties in the country. However, he
opposes the motion because he is pro- consumer, which this initiative is. It trumps his
support for agriculture in Whatcom County.
Kershner stated she supports the motion. Initiative 522 doesn't address some of the
things she might be interested in. She's not sure if she wants to endorse it. This isn't
something the Council should spend time on. It will go to voters for their support.
Brenner stated labeling provides those who want to know more the ability to know
more. If they don't know that it's there, there is nowhere to go look. This is just to let
people know that it's there. If they want more information, they can call the company.
Weimer stated he wants to learn more about it, but he doesn't know enough now to
endorse it at this point. The Council would spend a lot of time on this, but it's not within the
Council's realm. He supports the motion.
The motion carried by the following vote:
Ayes: Mann, Crawford, Knutzen, Kershner and Weimer (5)
Nays: Brenner and Kremen (2)
S. RESOLUTION VACATING A PORTION OF BRIDGEWATER STREET (SHIPYARD
ROAD) AND DEARBORN AVENUE PER RCW 58.17 AND RCW 36.87 AND
WHATCOM COUNTY CODE 12.20 (AB2012 -272B) (8:46:31 PM)
Whatcom County Council, 3/26/2013, Page 8
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Brenner reported for the Public Works, Health, and Safety Committee and moved
to approve the resolution. This is the first time she supports a road vacation. The vacation
is much smaller than what originally came forward. The Council is assured by Blaine that
there is ample room for any necessary services.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
9. NOMINATION AND APPOINTMENT TO FILL TWO VACANCIES ON THE
WHATCOM COUNTY PORTAGE BAY SHELLFISH PROTECTION DISTRICT
ADVISORY COMMITTEE - APPLICANT(S): CHRISTINE WOODWARD AND LEE
FIRST (AB2013 -078) (8:47:44 PM)
Knutzen moved to nominate and appoint Christine Woodward and Lee First.
The motion carried by the following vote:
Ayes: Brenner, Mann, Knutzen, Kershner, Weimer and Kremen (6)
Nays: Crawford (1)
10. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENTS OF
AMY SCHUBERT, CAROL HAWK, DAVID KINCHELOE, MICHAEL MASSANARI,
LARRY RICHARDSON, DASCOMB JAMISON, TERESA BOSTETER AND MARK
MCDONALD TO THE WHATCOM COUNTY BEHAVIORAL HEALTH ADVISORY
BOARD (AB2013 -129) (8:48 :38 PM)
Mann moved to confirm the appointments.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
Crawford stated all the appointees are very dedicated people. He commends these
people for their service. It's a thankless committee. They make very big decisions and
spend a lot of time on it. They only thing they get in return is the gratification of serving
the community.
Brenner stated these applicants have served before and are willing to serve again.
11. REQUEST APPROVAL FOR COUNCIL TO SEND A LETTER TO STATE
REPRESENTATIVES REGARDING STATE SHARED REVENUE (AB2013 -027)
(8:50:30 PM)
Knutzen moved to approve the letter.
Mann asked about using the phrase "council manically" and what is the public safety
sales tax. He doesn't understand the sentence.
Dana Brown- Davis, Clerk of the Council, stated the letter is copied from the
Washington State Association of Counties (WSAC).
Whatcom County Council, 3/26/2013, Page 9
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Jack Louws, County Executive, read the definition of "council manically." The
document encourages the legislative delegation to make sure they continue to fund the
programs and initiatives through the next budget biennium.
Kershner asked if this is time - sensitive. Brown -Davis stated the letter needs to be to
the State by April 1.
Kremen stated the language is standard language used for the legislative bodies of
each county in the state, to be consistent with the Revised Code of Washington (RCW).
WSAC did its due diligence. He recommends approval as is, but is willing to alter it if
necessary.
Brenner stated there is a scrivener error. The letter sounds good until the last
paragraph. It sounds like they're talking about working with them to raise taxes.
Kremen stated it's not a new tax.
Brenner moved to amend the letter "...the state's budget dilemma and not simply
transfer unfunded mandates to the County to tax. We are already sending you money for
these services." Don't give the impression that they are going to support any tax increase.
Crawford stated the amendment is redundant. The sentence as written is fine the
way it is. WSAC advocates that local governments have the opportunities to increase extra
tenths of a percent.
Kremen stated it's enabling, but isn't mandatory.
Crawford stated this is a laundry list of issues that WSAC is trying to put before the
State. It says that if the State is currently paying the counties for things, don't cut the
funding and say the counties still have to pay for it.
Kremen stated representatives from various counties discussed this extensively.
There are many conservative counties in Washington State. There was unanimous support
for this letter. He's comfortable with the letter as it is. It sends the right message to the
legislature. He recommends approving the letter.
Kershner asked why they didn't include a request to allow counties to use certain
funds that are restricted, but are growing their balance.
Kremen stated a bill from Senator Erickson was geared to do that. Unfortunately, it
didn't get through the legislative process.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (6)
Brenner stated the third sentence of the third paragraph contains a scrivener's error.
Mann stated he can't support the letter because it seems to be a letter asking the
State just to not cut funding to the State. He understands that request. He'd like to
understand what they're talking about and the grammar in the letter.
Whatcom County Council, 3/26/2013, Page 10
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Knutzen stated he understands the concern, but it's a recommendation of the
Washington State Association of Counties (WSAC), of which the County is a member.
Brenner stated WSAC approved an extra tax on refineries. It didn't ask Whatcom
County about it, and Whatcom County opposed it. She's not that devoted to WSAC.
Kremen stated the State legislature is thinking of changing the formula for revenue -
sharing to shift a portion of the counties' revenue to the State to fix the State's budget hole.
All the counties that comprise the Legislative Steering Committee of WSAC voted
unanimously for the letter.
error.
Kershner restated the motion to approve the letter with the corrected scrivener's
The motion carried by the following vote:
Ayes: Crawford, Knutzen, Kershner, Weimer and Kremen (5)
Nays: Brenner and Mann (2)
INTRODUCTION ITEMS
Crawford moved to accept the Introduction Items. He asked about the proposed
schedule for the Hearing Examiner appeal.
Dana Brown - Davis, Clerk of the Council, stated the appeal process is not yet definite,
so they don't know the final date for consideration.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
1. RECEIPT OF APPEAL OF THE HEARING EXAMINER'S DECISION ON FILE NO.
APL2012 -0005, FILED BY JOSEPH BOWEN, REGARDING APPLICANT THOMAS
FENTON'S APPEAL OF AN ADMINISTRATIVE DECISION BY WHATCOM
COUNTY PLANNING AND DEVELOPMENT SERVICES (AB2013 -079)
2. ORDINANCE AMENDING WCC CHAPTER 3.37.070 CHEMICAL
DEPENDENCY /MENTAL HEALTH PROGRAM FUND OVERSIGHT ADVISORY
COMMITTEE (AB2013 -130)
3. ORDINANCE AMENDING THE WHATCOM COUNTY AGRICULTURE PURCHASE
OF DEVELOPMENT RIGHTS PROGRAM APPLICATION PROCEDURES AND
GUIDELINES (AB2013 -115)
OTHER BUSINESS
Knutzen stated he received an email from the Washington State Association of
Counties (WSAC) asking the County to submit stormwater projects to them, to be forwarded
to Senator Erickson. He asked if the Executive is aware of it.
Jack Louws, County Executive, stated he is aware of it. He worked with the Public
Works Department, Senator Erickson's office, and others to get the Swift Creek project on
Whatcom County Council, 3/26/2013, Page 11
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the list. The Birch Bay berm project doesn't qualify for funding, but it's worth a try. It's a
long -shot.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Knutzen reported that he thanks Councilmembers Brenner and Mann for attending a
meeting last week regarding Catholic Community Services and downtown merchants.
Kershner reported that she was asked to distribute awards and trophies to 8th grade
students in the county who participated in the annual math championship at Whatcom
Community College.
Kremen stated he has done that presentation for the last 28 years. He thanked
Councilmember Kershner for doing that presentation.
ADJOURN
The meeting adjourned at 9:10 p.m.
The Council approved these minutes on April 23, 2013.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council@a o.whatcom.wa.us
Whatcom County Council, 3/26/2013, Page 12