HomeMy WebLinkAboutCouncil November 12 20131
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WHATCOM COUNTY COUNCIL
Regular County Council
November 12, 2013
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 7:15 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(7:16:57 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy
Kershner and Carl Weimer.
Absent: Pete Kremen.
FLAG SALUTE
ANNOUNCEMENTS
(7:17:30 PM)
Kershner announced Consultant DLR Group to provide an update on jail
planning (AB2013 -042B) during the Special Committee of the Whole meeting.
Kershner announced the following items were discussed in executive session during
the Committee of the Whole meeting:
1. Strategy planning discussion and positions to be taken regarding collective
bargaining (AB2013 -018)
2. Discussion with Chief Civil Deputy Prosecutor Daniel Gibson regarding pending
litigation, Clark Pit (AB2013 -018)
3. Discussion with Senior Deputy Prosecutor Royce Buckingham regarding
potential litigation related to a deed of trust decision by a federal agency
(AB2013 -018)
4. Discussion with Senior Deputy Prosecutor Karen Frakes regarding pending
litigation, Hirst et al v. Whatcom County, GMHB Case No. 12 -2 -0013 (AB2013-
018)
Crawford moved that the Whatcom County Council direct the Whatcom County
Planning Commission to hold a public hearing on water resources in the Rural Element,
specifically to protect water quality and water quantity, and to forward a recommendation to
the Whatcom County Council.
Whatcom County Council, 11/12/2013, Page 1
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The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
MINUTES CONSENT
(7 :19:45 PM)
Knutzen moved to approve Minutes Consent items one through three.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
1. SURFACE WATER WORK SESSION FOR OCTOBER 15, 2013
2. COMMITTEE OF THE WHOLE FOR OCTOBER 22, 2013
3. REGULAR COUNTY COUNCIL FOR OCTOBER 22, 2013
PUBLIC HEARINGS
1. RESOLUTION ADOPTING THE WHATCOM COUNTY 2014 ANNUAL ROAD
CONSTRUCTION PROGRAM (AB2013 -344) (7 :20 :01 PM)
Kershner opened the public hearing and the following person spoke:
Dymond Nicon stated he sent the Council an email regarding the pedestrian
promenade for Birch Bay and the Birch Bay berm. The berm design requires guardrails,
adding another 44 inches to the height of the berm. The handicap will be required to have
access to the berm via ramps. He's not in favor of having a path on top of the berm for
safety reasons. Instead, relocate Birch Bay Drive inland behind the existing developments.
Convert the existing roadway to a pedestrian promenade. Six business along Birch Bay
Drive support his idea to relocate Birch Bay Drive. There is growing public support for this
idea, which would be a phased project.
Hearing no one else, Kershner closed the public hearing.
Brenner moved to approve the resolution. She asked if staff has seen Mr. Nicon's
proposal.
Joe Rutan, Public Works Department, stated the Public Works Department is not
proposing the berm. They are implementing a proposal the community brought forward.
They will continue to work with the community. If the community doesn't want this, the
County doesn't want to build it. The Department is simply trying to implement their
subarea plan.
Brenner asked if Mr. Rutan will still be able to talk to Mr. Nicon if the Council
approves this resolution. Rutan stated he can. He will bring the Council conceptual designs
Whatcom County Council, 11/12/2013, Page 2
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and contracts. He will put Mr. Middleton in touch with Mr. Nicon. Some work was done in
the past on the concept of relocating Birch Bay Drive.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
OPEN SESSION
(7 :27:08 PM)
The following people spoke:
• Kathryn Chambers spoke about the proposed new jail site.
• Penny Morgan submitted a letter (on file) and spoke about the
vacancy and appointment process to Water District 13.
• Irene Morgan thanked the councilmembers for their work and
spoke about renaming of the Re -Entry Coalition to the
Restorative Community Coalition.
• Joy Gilfilen submitted a handout (on file) spoke about a no jail
alternative.
• Lloyd Zimmerman spoke about the proposed new jail site.
Jack Louws, County Executive, stated there are covenants, conditions,
and restrictions (CC &Rs) on the proposed new jail property. One requires a
design review for the jail. They are in the process of getting a release on that
requirement. He appreciates the citizens bringing that information forward
and his staff for going through all the property restrictions in detail.
• Ray Baribeau spoke about the DLR consultant presentation on
the proposed new jail.
• Joan Dow spoke about the proposed new jail site.
• Theresa Erickson spoke about the proposed new jail site.
• Robert French submitted a handout (on file) and spoke about
the proposed new jail site.
CONSENT AGENDA
(7:53:25 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through seven and nine through 12, including
substitute versions for Consent Agenda items nine and eleven. Consent Agenda item eight
is held in committee.
Brenner withdrew items three, nine, and ten.
Whatcom County Council, 11/12/2013, Page 3
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The motion to approve Consent Agenda items one, two, four through seven, 11, and
12 carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE
OPPORTUNITY COUNCIL FOR THE OPERATION OF THE HOUSING AND
ESSENTIAL NEEDS PROGRAM IN THE AMOUNT OF $116,772, FOR A TOTAL
AMENDED CONTRACT IN THE AMOUNT OF $2,221,801 (AB2013 -361)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND HEALTHCARE MANAGEMENT
ADMINISTRATORS, INC. FOR ADMINISTRATION AND CLAIMS PROCESSING
FOR THE SELF - INSURED MEDICAL PROGRAM, IN THE AMOUNT OF $24.30
PER EMPLOYEE PER MONTH FOR 2014, $25.05 PER EMPLOYEE PER MONTH
FOR 2015, AND $25.80 PER EMPLOYEE PER MONTH FOR 2016 (AB2013 -362)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND FOSTER PEPPER PLLC FOR
THE WHATCOM COUNTY PURCHASE OF DEVELOPMENT RIGHTS CORE
AGRICULTURAL STRATEGY PROJECT, IN THE AMOUNT OF $50,000 (AB2013-
363)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Brenner stated too many properties around the edges of the core areas were scoring
high. They really want to prioritize areas right in the middle of agricultural land. Focus on
the core of agricultural land to get better purchases and not spend so much money on
places that weren't as high a priority. This is the type of project that should be done in-
house. She can't vote for it. The project has become too complicated.
Mann stated this is more complicated than Councilmember Brenner described. The
County doesn't have enough staff to do the work. The Planning Department work plan is
already full. The councilmembers talk frequently about getting outside help. This is a
reasonable time to do so.
Brenner stated they should send letters to people who live in the core agricultural
areas to let them know the County is interested. This is a voluntary program. Don't jump
into something like this with an outside consultant from Seattle without at least sending a
letter and working with people in the core area. She researched the reverse auction
program. It works great for things like imported flowers. The people deserve to work with
County staff. There is no guarantee. Before doing this, the County should do some
preliminary work on this. Staff should give her a good reason why they don't think they can
do it. She doesn't believe their reason that they don't have the time. This is a high priority.
Maybe they need to reevaluate their priorities in planning.
Kershner asked if the Council set aside money in the budget to hire a staff person for
this program.
Whatcom County Council, 11/12/2013, Page 4
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Mark Personius, Planning and Development Services Department, stated they did.
The Council approved a supplemental budget request in April in the amount of $50,000 for
this project. The specific outcome noted in that supplemental budget request was that if
the consultants respond to the request for proposals (RFP) and a contract is agreed upon, a
voluntary reverse auction strategy would be developed and ready to implement for land
owners in the agricultural core areas. The failure of the current program is not getting
purchases in the core area because they look at large parcels that are farmed actively.
There is little difference in value between that land as farmland and as residential land, so
farmers weren't interested in selling those development rights. The purpose of this program
is to focus on the smaller nonconforming lots. They don't get a lot of points because they're
not large and may have poor soils, and the County doesn't receive matching money for
them. That's the reason for this different approach to get those core target parcels.
Kershner asked if they hired staff to work on this.
Jack Louws, County Executive, stated the Council authorized $100,000 for staff help
in the 2013 budget for staff help related to purchases of development rights (PDR). The
administration has not filled that position on a full -time basis. The County didn't receive
federal money, so there wasn't a lot for the program specialist to do. The administration
decided to not fill that position on a full -time basis. They have worked with Planning
Department Director Sam Ryan on that workload. The staff person working on the reverse
auction would have to have technical knowledge to set up and work that program.
Kershner asked if this $50,000 comes from that full -time position allocation that is
not being used. Personius stated it was in addition to the $50,000 for the consultant. They
needed to do more outreach as a part of the reverse auction strategy, which is part of what
that position would do. They've lost staff and hired new staff, they will wait and see how it
works out before they commit to needed additional staff.
Knutzen stated they won't get the results they want here. There has been
agricultural land in those core areas that would go for some sort of purchase of
development rights if they were paid what they wanted. The property owners think their
land is worth more than what the County thinks the development rights are worth. The
County would do better by using the $50,000 to help purchase some of those higher value
properties than paying a consultant. They always find an excuse to pay a consultant to do
this work. He will vote against the motion.
Weimer stated he is in favor of the motion. It's something they've talked about as
one more tool to help protect agricultural land and focus on the core areas on the smaller
five -acre lots. It's voluntary. The advisory committee has looked at this. The Council
approved it in general. This is the actual contract for it. It's coming out of the conservation
futures fund. The Council has talked often about the need to use more of the conservation
futures fund to protect agricultural land. This is another good tool. At this point, County
staff doesn't have the expertise or time to move forward. Delaying at this point will delay it
for the foreseeable future.
Brenner stated staff is never going to have the expertise or time if the County
doesn't hire them. They voted to hire that position. At the very least, the County can get
started on this without the consultant. Get someone on board who is able to do this.
Dedicated staff would have come up with this kind of plan and other things. The County
wasn't hiring the staff to just sit and wait for something to come in. Part of the reason for
hiring a person was to come up with ideas.
Whatcom County Council, 11/12/2013, Page 5
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The motion carried by the following vote:
Ayes: Mann, Crawford, Kershner and Weimer (4)
Nays: Knutzen and Brenner (2)
Absent: Kremen (1)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE
MILITARY DEPARTMENT TO SUPPORT AND ENHANCE EMERGENCY
MANAGEMENT PROGRAMS, IN THE AMOUNT OF $38,791 (AB2013 -364)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE
DEPARTMENT OF ECOLOGY TO FUND ADMINISTRATIVE AND ACTION
PROJECTS FOR THE WHATCOM COUNTY MARINE RESOURCES COMMITTEE,
IN THE AMOUNT OF $68,259 (AB2013 -365)
6. RESOLUTION ORDERING THE CANCELLATION OF ACCOUNTS RECEIVABLE
MORE THAN A YEAR OLD (AB2013 -366)
7. RESOLUTION APPROVING THE CORRECTION OF EQUIPMENT RENTAL AND
REVOLVING FUND ACCOUNTING RECORDS (AB2013 -367)
8. RESOLUTION REQUESTING AUTHORIZATION FOR THE ACQUISITION OF
1500 N. STATE STREET BUILDING AND PROPERTY (AB2013 -368)
9. RESOLUTION AUTHORIZING THE TRANSFER OF THE CIVIC CENTER
BUILDING FROM GENERAL GOVERNMENT OWNERSHIP TO THE WHATCOM
COUNTY ROAD FUND (AB2013 -369) (8:05 :50 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the substitute resolution.
Brenner asked how the substitute version is different.
Mann stated it's not substantially different. They both had slight legal description
changes.
Brenner stated she doesn't support the resolution because they keep throwing more
money at that Civic Center building. The administration keeps asking for more structural
repairs. It reminds her of what happened with this courthouse. It was made pretty on the
outside, but there is a lot of rot and mold. The terrazzo has cracks. The copper dome was
copper looking for a week. She's not convinced that they really have gotten a grip on that
building. They are working from structural to fagade. It seems like they've done it the
other way around. Don't throw more money into that building.
The motion carried by the following vote:
Ayes: Mann, Crawford, Knutzen, Kershner and Weimer (5)
Nays: Brenner (1)
Absent: Kremen (1)
10. RESOLUTION AUTHORIZING THE TRANSFER OF THE 316 LOTTIE STREET
BUILDING FROM THE EQUIPMENT RENTAL AND REVOLVING FUND TO THE
ADMINISTRATIVE SERVICES FUND (AB2013 -370)
Whatcom County Council, 11/12/2013, Page 6
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Mann reported for the Finance and Administrative Services Committee and moved
to approve the resolution.
Brenner asked if this resolution moves road fund money.
Jack Louws, County Executive, stated it does not.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
11. RESOLUTION AUTHORIZING THE TRANSFER OF THE LAND LOCATED AT 901
WEST SMITH ROAD, SITE OF THE ROAD MAINTENANCE AND OPERATIONS
SHOP, FROM GENERAL GOVERNMENT OWNERSHIP TO THE WHATCOM
COUNTY ROAD FUND (AB2013 -371)
12. RESOLUTION ACCEPTING THE ADDITION OF A CAPITAL PROJECT INTO THE
2010 WHATCOM COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY
(CEDS) (AB2013 -372)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2013 WHATCOM COUNTY BUDGET,
THIRTEENTH REQUEST, IN THE AMOUNT OF $18,974,579 (AB2013 -346)
(8:08:58 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
Brenner stated she is against the proposal because some things are for the Civic
Center building. She likes the idea of buying property around the Central shop from one
fund to the other so they can clean it up. There are things in this that are great. However,
there are too many fund movements in one budget request. Just because the
administration says it is legal doesn't feel right. She prefers budget amendments that are
not as complex so they can deal with concerns.
Mann stated he agrees this is complex. Many of these transactions are linked. They
are working to significantly reorganize real estate assets and office locations to free up
money to make a land purchase. They all work together in an intricate package. He spent
some time reviewing it, and he agrees with the strategy. It's a wise use of funds. He will
support it. There is no question of whether or not it's legal. Staff isn't going to do anything
illegal. He has complete faith it's legal. It's a smart use of funds and assets. He supports
it.
Brenner moved to hold in Council to the next meeting. Because this isn't her area
of expertise, and tried to contact certain people about this amendment. She hasn't yet
heard back from them. She would like more time to talk councilmembers out of doing this
enormous transaction.
Whatcom County Council, 11/12/2013, Page 7
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The motion to hold in Council failed by the following vote:
Ayes: Knutzen and Brenner (2)
Nays: Mann, Crawford, Kershner and Weimer (4)
Absent: Kremen (1)
Kershner stated she talked extensively about this to the Executive. She believes this
is genius.
The motion to adopt the ordinance carried by the following vote:
Ayes: Mann, Crawford, Knutzen, Kershner and Weimer (5)
Nays: Brenner (1)
Absent: Kremen (1)
2. ORDINANCE AMENDING ORDINANCE NO. 2013 -003 (SECOND AMENDMENT)
ESTABLISHING A PROJECT FUND FOR THE NEW JAIL PROJECT (AB2013-
347) (8 :13:43 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
Brenner stated this establishes a fund. It isn't to purchase the property.
Jack Louws, County Executive, stated the fund is already established. This is the
second amendment that authorizes the money from the previous transaction and move
approximately $6 million into the fund to buy the property, if the Council chooses. That
decision will come to the Council on November 26 or December 10. This ordinance provides
the funds for the purchase. The Council will soon vote separately on the purchase itself.
Brenner asked if they can keep the project fund if they don't purchase the property.
Louws stated the money would be there. They may not want to keep $6 million in the fund,
but they could move it out. They have to have the money in place in case the Council
chooses to purchase the property.
Mann stated the Council may have a hearing on whether or not the County should
purchase the land.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
3. ORDINANCE ESTABLISHING THE STATE STREET BUILDING ACQUISITION
AND IMPROVEMENT FUND AND RELATED CAPITAL BUDGET APPROPRIATION
(AB2013 -348) (8 :16 :15 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the substitute ordinance.
Brenner asked if this item will move public works positions into the State Street
office and discontinue use of the Northwest Annex.
Jack Louws, County Executive, stated this ordinance will move all the existing
employees out of the Northwest Annex and into the State Street building. The Council and
Whatcom County Council, 11/12/2013, Page 8
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community will, at a later date, have an opportunity to design the ultimate fate of the
Northwest Annex.
Brenner stated it's an historic building. It's poor condition is because the County has
not wanted to maintain it in good condition. Over the years, the County has just made it
worse. It's an incredible building that deserves to be restored. There is plenty historic
preservation money to do that. Moving everyone out will be the nail in the coffin of that
building.
Louws stated this ordinance is just to establish the fund and put the money in place
in the event the Council decides to purchase the State Street building.
The motion carried by the following vote:
Ayes: Mann, Crawford, Knutzen, Kershner and Weimer (5)
Nays: Brenner (1)
Absent: Kremen (1)
4. ORDINANCE ESTABLISHING A CAPITAL BUDGET APPROPRIATION FOR
RENOVATION OF THE CIVIC CENTER BUILDING (AB2013 -349) (8 :19 :34 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
The motion carried by the following vote:
Ayes: Mann, Crawford, Kershner and Weimer (4)
Nays: Knutzen and Brenner (2)
Absent: Kremen (1)
5. RESOLUTION IDENTIFYING 2014 AND 2015 SALARIES AND BENEFITS FOR
EXECUTIVE BRANCH ELECTED OFFICIALS (AB2013 -357) (8 :20 :17 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the substitute resolution.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND LANDC, ETC., LLC FOR ON
CALL HYDRAULIC MODELING ASSISTANCE FOR THE LOWER NOOKSACK
RIVER, IN THE AMOUNT OF $50,000 (AB2013 -358) (8 :21 :26 PM)
(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.
Whatcom County Council, 11/12/2013, Page 9
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The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WATERSHED SCIENCE &
ENGINEERING FOR ON CALL HYDRAULIC MODELING ASSISTANCE FOR THE
LOWER NOOKSACK RIVER, IN THE AMOUNT OF $50,000 (AB2013 -359)
(8:22:13 PM)
(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 and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A JOINT
FUNDING AGREEMENT BETWEEN WHATCOM COUNTY AND THE UNITED
STATES GEOLOGICAL SURVEY FOR THE ONGOING OPERATION AND
MAINTENANCE OF THE COUNTY'S STREAM GAUGES, IN THE AMOUNT OF
$85,620 (AB2013 -360) (8 :22:36 PM)
(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 and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
9. CONSIDERATION OF A REQUEST FOR A ONE -YEAR EXTENSION OF A
BINDING SITE PLAN PERMIT, SUBMITTED BY BELCHER /SWANSON ON
BEHALF OF OXY CORPORATION FOR NORTHGATE INDUSTRIAL PARK NO. 2
(BSP2006 -0001) (AB2013 -351) (8 :23 :13 PM)
Knutzen reported for the Planning and Development Committee and stated this item
was withdrawn from the agenda.
10. ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENTS RELATING TO
CAPITAL FACILITY PLANNING FOR SPECIAL PURPOSE DISTRICTS (AB2013-
345) (8 :23 :32 PM)
Knutzen reported for the Planning and Development Committee and moved to
forward to concurrent review with replacement of Council packet page 302.
Whatcom County Council, 11/12/2013, Page 10
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The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
11. JOINT RESOLUTION SUPPORTING WSAC FISCAL SUSTAINABILITY
INITIATIVE (AB2013 -352) (8 :25 :15 PM)
Weimer moved to approve the resolution.
Crawford stated this resolution is simply about asking the State to stop giving
counties unfunded mandates and stop pulling funding from programs after a couple of
years. For that reason, he will support the resolution. He hesitates because there is no
initiative language. He asked if there is a specific initiative.
Kershner stated this came from Councilmember Kremen.
Mann stated Councilmember Kremen talked quite a bit today about the limitations on
counties and their fundraising abilities, but not about the sustainability initiative specifically.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
12. APPROVAL OF "STANDING" COUNCIL MEETINGS FOR 2014 — SURFACE
WATER WORK SESSIONS AND HEALTH BOARD (AB2013 -355) (8 :27 :16 PM)
Brenner moved to approve the schedule.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
13. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
RACHEL COX TO THE BEHAVIORAL HEALTH ADVISORY BOARD (AB2013 -374)
(8 :27 :50 PM)
Knutzen moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
14. RESOLUTION APPROVING THE SAMISH WATER DISTRICT COMPREHENSIVE
SEWER PLAN UPDATE (AB2013 -354) (8 :28 :19 PM)
Brenner moved to approve the resolution.
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The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
INTRODUCTION ITEMS
(8:28:52 PM)
Kershner stated there are replacement pages for Introduction Items three and 11.
Brenner moved to accept the introduction items, including the replacements for
items three and 11.
Mann moved to introduce and hold a public hearing on November 26 on the
acquisition of the jail site.
Jack Louws, County Executive, stated moving County staff from the Northwest Annex
into the State Street building in town may have an impact on people who work in the
building and trade industries. It would be a good gesture to allow some public comment on
the plan before purchasing that building.
Mann amended his motion and moved to introduce and hold a public hearing on
November 26 on the acquisition of the jail site and to introduce and hold a public hearing on
November 26 on the proposal to move Planning and Development Services staff to the State
Street Building.
Crawford stated he is opposed. It's not necessary.
Mann stated it may not be necessary, but it's good practice on something like this.
Crawford asked the reason for having a public hearing.
Mann stated they don't need to do it. They won't necessarily get any new
information. However, people in the neighborhood really care about this issue. One person
asked for more time to collect her information to present to the Council. Siting of a new jail
is a big deal. Setting up the fund and going forward with the purchase doesn't obligate
them to any particular kind of a jail. Having a dedicated hearing may get the issue into the
newspaper so people will know rather than having it buried in a budget ordinance.
Crawford stated the information handed out referenced Johnson County justice
services in Johnson County, Iowa, with a population of 130,000 and a jail with the capacity
for 92. The Sheriff is beside himself. They have failed on two bond votes to get a new jail.
The last bond issue was going to be for $40 million to build a jail with a capacity of 190
beds. In the meantime, they are spending millions of dollars putting the people they
incarcerate into jails outside the county. Understand that this was not the sheet from the
County saying this is how they handle criminal justice. The Sheriff and county leaders are
advocating to build a jail that will handle just their current challenges. When he ran for
election, he was confident Whatcom County would have a new jail built by the end of his
term in 2007. Now ten years later, all they are doing is buying the piece of real estate
they've been looking at for two years, and councilmembers want to have another public
hearing on the purchase of that real estate when it was made imminently clear today that
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so many things about the design of this facility is completely up in the air. He doesn't want
to belittle or be opposed to public input, but he's on public input overload when it comes to
this simple real estate transaction. They have gone over this issue so many times. In the
design phase, the Council will hear from the public and welcome their input. He's not
against public hearings. It's not necessary in this case or for the State Street project.
Mann stated nothing he's said is based on this handout that Councilmember
Crawford referenced. Based on everything he knows of that site, he is in favor of the
purchase. Two more weeks won't make a huge difference. Siting a jail is very difficult.
This process has benefitted from a lot of public input over the years, and more of late.
They've made better decisions about where to put it and how big to make it. Don't be in a
position of having people again say the Council is doing this without telling them. Have a
specific announcement and a public hearing.
Brenner stated she supports the motion because they can't have too many public
hearings.
The motion to introduce the two additional items failed by the following vote:
Ayes: Brenner, Mann and Weimer (3)
Nays: Crawford, Knutzen and Kershner (3)
Absent: Kremen (1)
The motion to introduce items one through 11, with substitute pages for items three
and 11, carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 6.04.150 IMPOUND,
REDEMPTION AND DISPOSITION OF ANIMALS (AB2013 -375)
2. ORDINANCE REGARDING INSTALLING STOP SIGNS ON VARIOUS ROADS
WITHIN THE COUNTY (AB2013 -376)
3. RESOLUTION ADOPTING THE 2014 BUDGET FOR THE WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT (AB2013 -377) (COUNCIL ACTING AS THE
WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF
SUPERVISORS)
4. RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR THE WHATCOM
COUNTY FLOOD CONTROL ZONE DISTRICT FOR 2014 (AB2013 -378)
(COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE
DISTRICT BOARD OF SUPERVISORS)
S. ORDINANCE AUTHORIZING THE LEVYING OF 2014 PROPERTY TAXES FOR
COUNTY ROAD PURPOSES (AB2013 -379)
6. ORDINANCE LIMITING THE 2014 GENERAL FUND PROPERTY TAX LEVY
(AB2013 -380)
7. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE
PURPOSES IN WHATCOM COUNTY, WASHINGTON FOR THE YEAR OF 2014
(AB2013 -381)
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8. ADOPTION OF AN ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR
COUNTY CONSERVATION FUTURES PURPOSES FOR 2014 (AB2013 -382)
9. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, FOURTEENTH
REQUEST, IN THE AMOUNT OF $420,866 (AB2013 -383)
10. ORDINANCE TO REPLACE THE EMERGENCY MEDICAL AND AMBULANCE
ADVISORY BOARD ESTABLISHED THROUGH WHATCOM COUNTY ORDINANCE
NO. 82 -109 AND AMENDED THROUGH ORDINANCE 2006 -007 (CODIFIED IN
WHATCOM COUNTY CODE AS CHAPTER 5.04.080) WITH THE EMS
OVERSIGHT BOARD AND TECHNICAL ADVISORY BOARD DEFINING THE
COMPOSITION AND DUTIES OF THESE NEWLY ESTABLISHED BOARDS
(AB2013 -384)
11. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, SECOND
REQUEST, IN THE AMOUNT OF $8,301,374 (AB2013 -385)
OTHER BUSINESS
(8 :40:43 PM)
FERNDALE URBAN GROWTH AREA — DEVELOPMENT STANDARDS BRIEFING
(AB2013 -373)
Brenner stated this language should be standard for all memoranda of
understanding (MOU) with the cities. The County Council should vote on the MOU. The
Council used to vote on all the MOUs. She asked to vote on the MOU with the City of
Ferndale regarding Development Standards. She moved to support the language in the
MOU.
Mann stated the MOU is on Council packet pages 260 through 264. It was item one
on the Planning and Development Committee agenda.
Brenner stated the MOU has no force of law. It was developed in a cooperative way,
and she likes the results. She hopes they can all be done this way.
Karen Frakes, Prosecutor's Office, stated it's not a resolution. They can ask for the
Council's support.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None (0)
Absent: Kremen (1)
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
(8 :43 :44 PM)
Brenner reported she attended the Veterans Day ceremony at Mt Baker High School.
More people attended this year than last year. She's impressed with what Veterans do for
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the country, and she thanks them for their service. Each year, she reads a poem "In
Flander's Fields." She described the poem and its history.
Crawford reported he was a member of the Canvassing Board and worked with the
Auditor regarding the Everson ballot drop box issue. They didn't find any evidence of
tampering. The Canvassing Board directed Auditor Debbie Adelstein to investigate a more
secure locking system for the drop boxes. It shouldn't require a budget request, but may
cost a small amount. The security and integrity of elections are of primary importance.
Make sure the Auditor has the resources to make sure that happens.
He congratulated the councilmembers -elect and expressed his condolences to those
who did not win the election. He looks forward to working with the new Council. He
requests that they consider allowing the councilmembers -elect to have County email and
receive all correspondence as soon as the election is certified. Also, invite the
councilmembers -elect to sit in on executive sessions if they choose to.
Brenner stated she was really shocked at how the ballots displayed voter signatures
on the outside of the ballot. It's happening all over the state. Identity theft happens a lot,
especially with the elderly who are more trusting. She talked to the Auditor about this. The
Council should revisit the issue of allowing the secret label, which is more expensive. The
County owes it to the public to keep signatures as part of the secret ballot.
ADJOURN
The meeting adjourned at 8:48 p.m.
The Council approved these minutes on December 10, 2013.
ATTEST:
, Council Clerk
-, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kathy Kershner, Council Chair
Whatcom County Council, 11/12/2013, Page 15