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HomeMy WebLinkAboutCouncil November 26 20131 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 WHATCOM COUNTY COUNCIL Regular County Council November 26, 2013 CALL TO ORDER Council Chair Kathy Kershner called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL (7:00:34 PM) Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy Kershner, Carl Weimer and Pete Kremen. Absent: None. FLAG SALUTE SPECIAL PRESENTATION 1. EXECUTIVE LOUWS TO READ A PROCLAMATION REGARDING GLEN HALLMAN (AB2013 -017) (7:01:24 PM) Jack Louws, County Executive, read the proclamation and presented it to Glenn Hallman's son. Jeff Hallman introduced family and friends and thanked the Executive for the honor. Louise Bjornson, former Bellingham City Council member, spoke of her memories of Glen Hallman and his accomplishments and long -term commitment and passion for seniors. Kay Sardo, former director of the Opportunity Council, spoke highly of his community action. Rick Nickleson, Whatcom Transportation Authority (WTA) Director of Service Development, spoke about Mr. Hallman's contribution to senior services with the WTA. Dewey Desler, Administrative Services Department, stated he thanks the Executive and the Council for approving the proclamation. Mr. Hallman was a close friend for many years and worked hard on behalf of seniors. He described Mr. Hallman's accomplishments. Brenner read a portion of an email she received today about Glen Hallman that suggests officials name a landmark for Glen Hallman. Kremen stated he had a long relationship with Mr. Hallman, who established the Northwest Clean Air Agency and worked tirelessly for seniors. Mr. Hallman was a mentor and suggested years ago that he run for County Executive. Mr. Hallman impacted the lives Whatcom County Council, 11/26/2013, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 of many people and will be missed. They must name something significant in honor of Glen Hallman, because he should always be remembered for what he did for the community. Kershner stated they can all strive to live like Glen Hallman did. She thanked everyone for attending. MINUTES CONSENT (7:22:53 PM) Knutzen moved to approve the Minutes Consent items. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7) Nays: None (0) 1. BOARD OF HEALTH FOR OCTOBER 29, 2013 2. COMMITTEE OF THE WHOLE FOR NOVEMBER 12, 2013 PUBLIC HEARINGS 1. ORDINANCE REGARDING INSTALLING STOP SIGNS ON VARIOUS ROADS WITHIN THE COUNTY (AB2013 -376) (7 :24:00 PM) Chris Brueske, Public Works Department, stated he is available to answer questions. Kershner opened the public hearing, and the following person spoke: Roger Granger stated the intersection of the Olson Road and Brown Road in the Ferndale area is very dangerous. It should have a four -way stop. Hearing no one else, Kershner closed the public hearing. Brenner moved to adopt the ordinance. Jack Louws, County Executive, stated he made a note of the speaker's concerns and will have staff look in to it and prepare a traffic study. Crawford stated he has concerns about traffic on Pacific Highway and Slater Road. Also, there used to be stop signs on the Birch Bay - Lynden Road for east -west traffic. The northbound traffic at the end of the work day backs up onto the freeway. Add stop signs to allow people on the northbound off -ramp to turn left. Louws stated that the councilmembers should make him aware any time there are traffic safety concerns throughout the county. Brenner stated she talked to the Public Works Department staff years ago about this. She recalls that there isn't a stop sign because it's an intersection with the State highway and the State wouldn't allow the stop sign. There is a four -way stop at the Grandview off - ramp. Whatcom County Council, 11/26/2013, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7) Nays: None (0) 2. RESOLUTION ADOPTING THE 2014 BUDGET FOR THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT (AB2013 -377) (7:31:49 PM) (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) Chris Brueske, Public Works Department, gave a staff report. Brenner asked if there is an increase to the taxpayer for the flood tax. Brad Bennett, Administrative Services Department, stated they're not increasing the tax, but they're banking the capacity for the one percent. The flood tax is unchanged. Knutzen stated the flood budget isn't addressing the Highway 9 issue. They keep putting that off, and it keeps getting more and more expensive. Brueske stated that issue went to the Advisory Committee, which looked at the alternatives. They could not agree on a course of action. Kershner opened the public hearing, and the following person spoke: David Figuroa, Sr., stated he has been having problems with the flood district association since 1996. He doesn't know who oversees their spending and work. Whenever he asks for their help, they give him excuses. He was threatened by a member of the district commissioners. They have been lying to him about their spending. He has pictures and proof of their files. He lives on Deming Road. It's hard to go to their meetings, because they are held at random places. They can't do any flood control without the blessing of Whatcom County. There is the Deming Diking District that protects the river and the McAuley Creek Association that is supposed to protect drainage and flood. Brenner stated she will look into the matter. Hearing no one else, Kershner closed the public hearing. Brenner moved to adopt the ordinance. Kershner moved to include money in the budget to begin addressing the problem of the raspberry farm on Highway 9 that is washing away. Brenner stated this is the County's problem and they should look at it. Brueske stated a consultant said the repair alternatives would cost from $1 million to $1.5 million. It's not a small project. The flood fund balance is around $11 million right now. If everything in this budget stays the same, it draws the balance down to about $8 million by the end of the year. It's unlikely they would be able to spend $1.5 million on a project this year because of permitting and design and a narrow fish window. Kershner asked if including the amount in the budget would ensure the money is set aside for future work on that project. They could put in some money for engineering. Whatcom County Council, 11/26/2013, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Brueske stated it's not in the six -year plan, so they would want to amend the six -year plan as well. Crawford stated they have a planning process for this. He asked where it fits in with their prioritization. Brueske stated the Advisory Committee heard the same information and did not vote to include it in the six -year plan. Brenner stated put it in as a placeholder anyway. If they don't have it in there, they can't apply for grants and other money that may come along. It doesn't hurt to include money as a placeholder, then come up with a more solid estimate that allows the County to obtain State or federal funding. Brueske stated staff can prepare an amendment to the six - year transportation improvement plan (TIP). It would need to come forward as a supplemental request in 2014. Kremen stated there was a consensus agreement of a majority of councilmembers and other experts during the tour this summer that something needed to be done soon. County infrastructure could be impacted if they don't address the erosion. He thought they were going to come up with a plan within weeks to address this erosion problem. Brueske stated staff presented the three options to the Advisory Committee, and the Advisory Committee decided the project wasn't as important as other matters, so it was not advanced to the Council for consideration. Knutzen stated he believes this could have been fixed for $8,000 when it was originally brought forward in 2004. It was put off then, and now the cost is over a million dollars. The longer they wait, the more expensive the project will get. Money is available for funding if it's on the TIP. Money is available from sources such as the Puget Sound Partnership, especially if they can include a salmon enhancement component to the project. Include the project on the TIP. Brenner stated a supplemental will have to come forward from the Executive. Jack Louws, County Executive, stated he will commit to looking into the matter again. There was no way to fix the problem, given the permitting that is required. It will take time to work through the project. Brenner stated this item is not as complex as an issue that breezed through the Council at the last meeting. Weimer asked if this went through the benefit evaluation score. Brueske stated it did, and was rated substantially lower than projects on the TIP now. Weimer stated they can go on a tour and a site will look bad, but compared to all the other projects on the prioritization list, the committee decided it's not at that level. Paula Cooper, Public Works Department, explained the prioritization process and how this project did not make it on the TIP. Brenner suggested a friendly amendment to include money in the budget as a placeholder in the amount of $5,000 to $50,000 to begin addressing the problem of the raspberry farm on Highway 9 that is washing away. Kremen asked staff to give the councilmembers the report from the consultant, the three options and their associated costs, and the cost of the consultant's work. Whatcom County Council, 11/26/2013, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Brueske stated it would be a placeholder as a project in section 169112 regarding repair and maintenance on the water resources improvement program (WRIP). Crawford stated he is okay with the placeholder but disagrees with assigning money to the project. They spend the money down to the reserve amount held for floods. This project should go through the process. This wasn't discussed during the surface water work session. He doesn't understand why they would assign money to something that they don't have much information on and haven't vetted thoroughly as a priority. There are 400 projects on the list. Kershner accepted Councilmember Brenner's friendly amendment and restated the motion to amend to include money in the budget under item 169112, repair and maintenance, and add to the water resource improvement plan (WRIP) as a placeholder in the amount of $50,000 to begin addressing the problem of the raspberry farm on Highway 9 that is washing away. Crawford asked why they are assigning money to the project. Mann stated he agrees with Councilmember Crawford. He asked what isn't getting funded so they can fund this at the last minute. There is some merit to the project since a County road and the railroad is there. He asked why they are overriding the decision and the process if it didn't score high enough to make it on the list. Brenner asked the percent that $50,000 is to the total flood fund. Brueske stated it's a very small percentage, less than one percent. It won't cost much to get the consultant here to present findings. The motion to amend carried by the following vote: Ayes: Brenner, Knutzen, Kershner, and Kremen (4) Nays: Weimer, Crawford, and Mann (3) The motion to adopt as amended carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, and Kremen (6) Nays: Weimer (1) 3. RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT FOR 2014 (AB2013 -378 (8:06:59 PM) (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Crawford stated there is no raise in taxes this year. Kershner opened the public hearing, and the following person spoke: Bob Burr stated the Council should use due diligence for anything that would raise taxes. He noticed in the budget there seems to be a disproportionate amount in the Flood Control Zone District for administration compared to actual projects. Look at that closely. Hearing no one else, Kershner closed the public hearing. Whatcom County Council, 11/26/2013, Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Crawford moved to approve the resolution. Brenner asked for a presentation on the percentage of administrative costs for the flood fee. Jack Louws, County Executive, stated he would provide information on a spreadsheet, after which Councilmember Brenner may schedule a presentation. Kremen stated he would like to have the spreadsheet information put in context and compared with other fund percentages. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7) Nays: None (0) 4. ORDINANCE AUTHORIZING THE LEVYING OF 2014 PROPERTY TAXES FOR COUNTY ROAD PURPOSES (AB2013 -379) (8 :13 :07 PM) Kershner opened the public hearing, and the following person spoke: Roger Granger stated it's interesting that a project that started at $8,000 is now a million dollars. He asked if the projects are done by County employees or contractors. Prevailing wage is $40 per hour. Every government project has to be bid at prevailing wage. He detests that requirement. The prevailing wage is too much and the system is broken. It's a union requirement that is too much for taxpayers. Get the job done while it still costs $8,000. This side of the coast has some real problems. He's ready to move to Eastern Washington. Hearing no one else, Kershner 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) S. ORDINANCE LIMITING THE 2014 GENERAL FUND PROPERTY TAX LEVY (AB2013 -380) (8 :17 :58 PM) Kershner opened the public hearing and, hearing no one, closed the public hearing. Knutzen moved to adopt the ordinance. Brenner stated she would like to have information on the administrative costs for all the funds. Kershner stated she's not sure what they would do with the information. The entire County administrative team and all the departments are playing an administrative role to administer the business of the County. Brenner stated every cost center has a certain amount dedicated for administration. She only wants the percentages, not the actual numbers. Whatcom County Council, 11/26/2013, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7) Nays: None (0) 6. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE YEAR 2014 (AB2013 -381) (8:24:08 PM) Kershner opened the public hearing and, hearing no one, closed the public hearing. Brenner moved to adopt the ordinance. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7) Nays: None (0) 7. ADOPTION OF AN ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY CONSERVATION FUTURES PURPOSES FOR 2014 (AB2013 -382) (8:24: 51 PM) Kershner opened the public hearing, and the following person spoke: Greg Brown stated there is over $100 million in this fund now, and asked why this is needed. Jack Louws, County Executive, stated there is $5,309,987 in the fund today. Hearing no one else, Kershner closed the public hearing. Mann moved to adopt the ordinance. It is a citizen - approved levy. Kershner asked if there are plans for spending the funds or if it is just sitting there and waiting for a project. Brad Bennett, Administrative Services Department, stated not all the funds are budgeted. Some projects are budgeted. They are allowed to use a certain amount of the fund balance to maintain properties that were purchased with conservation futures funds, so that amount is budgeted. The budget includes $25,000 for appraisals if something comes up. There are a few other projects budgeted. He will provide a report. Kershner asked how much the fund collects each year. Kremen stated the fund collects about $3 million each year. Brenner asked how much they spend each year. Bennett stated it varies. Brenner stated schedule a discussion in the Finance and Administrative Services Committee. Weimer stated the voters approved six and one - quarter cents. They are collecting less than one -third of that now because of initiatives that passed at the State level. Whatcom County Council, 11/26/2013, Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Mann stated there was a proposal four years ago to cut this in half, but it didn't go through. Kremen stated it did go through. The Council voted to cut the amount of revenue collected in half. At that time, the fund was more robust than it had ever been. He described the history of the conservation futures fund. The mechanism used to appropriate more money into the general fund was slightly decreased by about one - quarter of a million dollars annually to the taxpayers of Whatcom County. When the Council rescinded that practice, they lost that savings. While he was the County Executive, he and the Council acquired 21 parks. The community highly enjoys and values those parks. Given the current balance in the fund, the Council may want to reconsider the policy adopted by a previous Council. Louws stated the property tax generated $1,031,000 in 2013 for this fund. By the end of the year, they will have spent $700,000 of that amount. For 2014, they anticipate collecting the same amount of revenue, and have budgeted $285,000. Last year, they dedicated some money to the reconveyance, the City of Everson, the floodplain property acquisition, and four purchases of development rights (PDRs). Since 2004, the fund has collected between $800,000 and $1 million annually. More projects will come forward in the future. Take a look at it through the next budget biennium to see whether or not they want to adjust the tax rate. Brenner stated the County was reimbursed on some of those expenses. She would like to know the average percentage they've been reimbursed over the years. Louws stated that last year the County was reimbursed $187,000. Kershner stated the fund has been in place for ten years, has been bringing in about $1 million per year, and there is a $5.3 million balance. The County is spending less than half of it. She asked if the County must collect this money from taxpayers. She asked if the Council could decrease the amount collected by 25 percent or move the funds back to the general fund where it can do good and buy services the County needs. Louws stated the County brought the conservation futures funds before the voters with a commitment to use the funds within conservation futures. Moving it to the general fund is not appropriate. Karen Frakes, Prosecutor's Office, stated this type of change would require another public hearing. Brenner stated she doesn't care whether or not moving the money is legal. The people voted for the conservation futures fund as a dedicated fund. It would be inappropriate to divert the dedicated fund to the general fund. She would rather reduce the amount collected. Kremen stated the process to decrease the amount collected requires a decrease in the levy and an increase in the general fund of a corresponding amount minus $250,000, as he did during the economic downturn. It gave the County flexibility to use taxpayer money for areas that are a higher priority. They went through a public process at the time. They could not do it without a public process. He is not advocating that they do it, but that is the process. They were able to acquire 21 parks in 16 years, and still be able to keep the conservation futures levy at a minimum, because the County acquired the properties at 30 cents on the dollar on average. It's good to have a healthy fund balance the County can use for purchases and maintenance. Whatcom County Council, 11/26/2013, Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Brenner stated the process that Councilmember Kremen described is still moving things around. The public won't trust the County if they do that. A public hearing is not the same as a vote. At some point, think about cutting back if there is more money in the fund than they need. Kershner moved to reduce the conservation futures fund tax levy by 50 percent for 2014. Let the taxpayers have the money rather than leave it in a County account. If a project comes up, the Council is free to increase the tax at that point. Mann stated he is against the motion. This is a fund that the people of Whatcom County voted on and approved because they value the things that the conservation futures fund was set up to do, such as protecting open space and implementing the development rights program. Overruling the people's vote without any lead up to it is not the right way to go. It's like they're punishing that value, because they haven't spent the money fast enough. They have gotten great deals on land the County has purchased. They've been very careful with the money and made amazing purchases. Don't do this at the last minute. Kershner stated they've done lots of wonderful things with that money, but they've only spent less than 50 percent of what the County collected. They are able to meet the goals of the program as Councilmember Mann described. She doesn't support having $5.3 million of taxpayer money sitting in an account at the County, because it belongs to the people of Whatcom County and there are no plans to spend it on any of these wonderful projects. Cutting the levy in half would bring the revenue down to $500,000 for 2014. Then they would have nearly $6 million in the fund. If the County spends $800,000, there is still money in the fund to do wonderful projects. Also, the County keeps buying parks and projects, but hasn't figured out if it has the money to maintain and operate these places. That hasn't been such a good picture so far. She's in favor of giving taxpayers a break in 2014. Mann stated Councilmember Kershner's perspective is reasonable. When the taxpayers voted to approve the fund, they said the County should be responsible with the funds. Have a broad public discussion about cutting back on the fund, but not tonight. Brenner stated 15 percent of the conservation futures fund is allowed for maintenance. She asked if they can use conservation futures funds to pay for a staff person to work on PDRs. Brad Bennett, Administrative Services Department, stated the limitation is for Parks crews to maintain properties. The acquisition of PDRs is a direct expense and could be used. It has to be used for the salary of the person while the person is working on the actual purchase. They have to account for their time. Brenner stated she would like to discuss this further, have a public hearing, get more information, and get that position hired. Kershner asked if the Council can have a public hearing at its meeting on December 10. Louws stated there wouldn't be time to get the budget done by the end of the year as required if the Council holds a hearing on December 10. Brenner stated there is an abundance of people qualified to fill the PDR position in Whatcom County. It's hard to understand why they haven't been able to fill the position in a year. She's fine leaving the money as it is if they are doing something with it. They all agree on funding that position. Louws stated it was a unanimous vote on the position. The Whatcom County Council, 11/26/2013, Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 amount of work directly related to the PDR didn't warrant a full -time position. There was little federal funding to back up the program. There is a staff person whose work is charged to the PDR account. He didn't fill the position because it wasn't necessary. Brenner stated they need someone to do some creative work on the PDR program and also work on the transfer of development rights (TDR) program. That is as important as the PDR program and could be funded from the conservation futures fund. Kremen asked why they would want to reduce the levy if they want successful TDR and PDR programs. Brenner stated she wouldn't want to reduce the levy if they worked on those programs. Kremen called for the question on the motion to amend. The motion to amend failed by the following vote: Ayes: Kershner and Knutzen (2) Nays: Brenner, Mann, Crawford, Weimer and Kremen (5) The motion to adopt carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7) Nays: None (0) OPEN SESSION (8:57:04 PM) The following people spoke: • Bob Burr spoke about the property purchase for the future jail and thanked Councilmembers Knutzen and Kershner for their service. • Joy Gilfillan, Restorative Community Coalition, spoke about the property purchase for the future jail. • Kay Sardo spoke about the property purchase for the future jail. • Annie Hunrath, Restorative Community Coalition, spoke about the property purchase for the future jail. • James Riley Sweeney spoke about lean implementation in the budget. • Mers Landace spoke about the property purchase for the future jail. • Kay Lawson spoke about the property purchase for the future jail. • Eve Maas, Restorative Community Coalition, spoke about the property purchase for the future jail. • Karen Wyle spoke about the property purchase for the future jail. • Greg Brown spoke about the property purchase for the future jail. • Patrick Alesse spoke about the conservation futures funds. • Irene Morgan, Restorative Community Coalition, spoke about the property purchase for the future jail. • Lloyd Zimmerman spoke about the property purchase for the future jail. • Robert French spoke about a new jail facility. • Ray Baribeau spoke about the property purchase for the future jail. • David Hunter spoke about guardians ad item and court appointed special advocates funding. • Roger Granger stated he appreciates all councilmembers. Whatcom County Council, 11/26/2013, Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 CONSENT AGENDA (9:43:18 PM) Mann reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through seven. 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 THE OPPORTUNITY COUNCIL FOR HOUSING CASE MANAGEMENT SERVICES, IN THE AMOUNT OF $363,876 (AB2013 -389) 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL TO PROVIDE SHELTER PLUS CARE LEASING SPECIALIST SERVICES FOR LONG TERM RENTAL ASSISTANCE TO HOMELESS PERSONS WITH SERIOUS MENTAL ISSUES, IN THE AMOUNT OF $78,349, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF $212,921 (AB2013- 390) 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND ANDREW AND NASTASHA MCDONNELL FOR THE SUNSET FARM RENTAL HOUSE LOCATED AT 7981 BLAINE ROAD, IN THE AMOUNT OF $1,075 PER MONTH (AB2013- 391) 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR REIMBURSEMENT OF NPDES PHASE II EXPENSES, IN THE AMOUNT OF $170,000 (AB2013 -392) S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO PURCHASE A REPLACEMENT REGENERATIVE SWEEPER THROUGH THE WASHINGTON STATE CONTRACT, FROM THE VENDOR, ENVIRO -CLEAN EQUIPMENT, IN THE AMOUNT OF $237,951.91 (AB2013 -393) 6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO PURCHASE FOUR REPLACEMENT 10 -YARD DUMP TRUCKS FROM THE LOW BIDDER, KENWORTH NW, IN THE AMOUNT OF $776,456.38 (AB2013 -394) 7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND CATHOLIC COMMUNITY SERVICES FOR HOUSING CASE MANAGEMENT SERVICES, IN THE AMOUNT OF $144,050 (AB2013 -395) Whatcom County Council, 11/26/2013, Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 OTHER ITEMS 1. ORDINANCE AMENDING WHATCOM COUNTY CODE 6.04.150 IMPOUND, REDEMPTION AND DISPOSITION OF ANIMALS (AB2013 -375) (9:44 :03 PM) Mann reported for the Finance and Administrative Services Committee and 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. ORDINANCE AMENDING THE 2013 WHATCOM COUNTY BUDGET, FOURTEENTH REQUEST, IN THE AMOUNT OF $2,720,866 (AB2013 -383) (9:44:41 PM) Mann reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. He moved to amend to remove $10,000 to Council for outside legal counsel. The motion to amend failed by the following vote: Ayes: Mann and Weimer (2) Nays: Brenner, Crawford, Knutzen, Kershner and Kremen (5) Kremen asked if $10,000 is enough to adequately represent the County. Karen Frakes, Prosecutor's Office, stated it is. She discussed it with outside legal counsel. The current balance is approximately $5,000 now. The $15,000 should get the County through the Court of Appeals. The motion to adopt carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Kremen (6) Nays: Weimer (1) 3. 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) (9 :47 :40 PM) Mann reported for the Finance and Administrative Services Committee and stated this item is held to December 10 at the request of the administration. 4. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, SECOND REQUEST, IN THE AMOUNT OF $8,301,374 (AB2013 -385) (9 :48 :23 PM) Mann reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. He is not in favor of this item because he is not in favor of the direction emergency medical services (EMS) is moving in terms of who is providing services and the issues with the guardian ad litem (GAL) and court appointed special advocate Whatcom County Council, 11/26/2013, Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 (CASA) programs. He needs more information about those two systems and why the County is making that change before approving it. He's fine with the rest of it. Brenner stated she is disappointed with Mr. Hunter's comments. She has been in the courts with CASA volunteers and with GALS on individual cases. She is impressed with CASA volunteers. Restorative Justice should help the County work on a CASA volunteer program. What Mr. Hunter said was mean - spirited by commenting on CASA the way he did. CASA volunteers are only interested in the kids. They are not paid for the service. The skills they learn are incredible. She's not heard from anyone else that the CASA program is not working here. Kershner stated the County staff is moving in this direction because no one who responded to the request for proposals (RFP) followed the format and directions. Two proposals were submitted with a higher per -hour rate than the County indicated it would pay for. Those two rates submitted were the same. It's illegal to price fix on government contracts. She urges anyone who submits contracts to the County make sure they don't collaborate with other providers to increase the costs. She will support the motion. There are many other good things in this ordinance. Brenner stated that this budget amendment includes $30,000 for the Council on Aging's Meals on Wheels program. She wanted that amount to be higher, but will wait for a more comprehensive presentation. She's heard the program has been hurting. She's glad they're putting more money into it. Knutzen stated he's also encouraged the County is spending money on the Meals on Wheels program and that the County has money to help fund the Bellingham and Ferndale senior centers. He will ask the other senior centers how their funding is going to see if there are ways the County can help fund programs throughout the county. Kremen stated he also supports the motion. The County must unfortunately make up for federal and State funding reductions. The senior population is growing and are on fixed incomes. This is the worst time for the federal government to reduce the funding to programs like Meals on Wheels. He hopes the County comes up with additional funding for this. The need is great, and no one else is willing to do it. Brenner stated there will be many more costs and less healthcare for seniors because of the Affordable Healthcare Act, which stole half the money from Medicare. There's been no report about it in the media. The baby boomers are headed for bad times, and they deserve decent care. The motion carried by the following vote: Ayes: Brenner, Crawford, Knutzen, Kershner and Kremen (5) Nays: Mann and Weimer (2) S. RESOLUTION REQUESTING COUNCIL APPROVAL FOR THE PURCHASE OF THE LABOUNTY ROAD PROPERTY FOR THE PURPOSE OF CONSTRUCTING A NEW WHATCOM COUNTY JAIL AND SHERIFF'S HEADQUARTERS (AB2013 -388) (9:57:25 PM) Mann reported for the Finance and Administrative Services Committee and moved to approve the resolution. He respects many of the comments made tonight. He wants to implement restorative justice as much as possible. He wants a mental health court. Jail programs are very important. They know now they need a new jail and a place to put a Whatcom County Council, 11/26/2013, Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 new jail. This is a very good place for a new jail. The County has been talking about this for a while. It is not coming out of nowhere or being rushed. It's a reasonable purchase. He hopes folks who spoke tonight stay engaged with the real work of designing the jail and jail programs. He supports the motion. Brenner asked about another jail within a mile not being legal. Bill Elfo, Sheriff, stated there is not another jail within a mile. The U.S. Border Patrol has a station with two holding cells to hold people for up to four hours before transport. It's not a jail. He's not familiar with a Ferndale ordinance or State law about two jails. Brenner asked if bail amounts have gone up. Elfo stated the judges decide bail amounts based on the risk the person presents to the community and the risk they don't appear in court. The Sheriff's Office has nothing to do with that. They've seen deviations among the judges with how bails are set. Brenner stated this deal is not done. She supports buying the property if the County includes a clause that the previous owner will be liable for any significant pollution found during the initial construction phase. She's heard rumors for many years that illegal dumping was done there. She hopes that's not the case. The County also has a drug court and hasn't reduced funding for it. Kremen stated the federal government reduced its funding. Brenner stated the County didn't reduce its funding for drug court. Jack Louws, County Executive, stated there's been a modest reduction in staffing, but drug court is fully operational and able to handle as many people who want and qualify for the program. Brenner stated she's been wanting a mental health court for years. She's bipolar and has been around some very sick people. The mental health court will do more to save taxpayer money and have positive results for people who need to stay on their medication. She's sympathetic to people who have a hard time with that, but they must have a robust mental health court. They are working toward that. Drug court is also an alternative. The County would have those programs whether or not there is a new jail. People keep saying it must be either a jail or programs, but there can be both. One proposal for the jail is to have separate areas for certain people who need services. She expects lots of help with the CASA program. She moved to add language to the purchase agreement that the previous owner will be liable for any significant pollution found during the initial construction phase. Louws stated the attorneys for both parties stated it is too late to change the purchase and sale agreement. The County had a year to do its due diligence on the property, and completed its due diligence. The County's State Environmental Policy Act (SEPA) official gave a good example this afternoon. Whatcom Environmental did test pit samples in different locations. Members of the community questioned the results of those studies and whether the site is without contamination. The County spent much money during the past months reaffirming the work done and doing new tests. Everything has come back clean. He recommends that the County move forward with the purchase and sale as agreed upon. Whatcom County Council, 11/26/2013, Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Brenner stated this is the most expensive purchase the County will make. She doesn't question what the Executive believes. She doesn't expect a problem, but include the clause just in case. Knutzen stated that if there is illegal dumping, the previous owners would be responsible. There are many rumors. They've done a lot of studies. Kremen stated he agrees with the intent of the amendment, and also agrees with Councilmember Knutzen. In this case, Councilmember Knutzen is correct. Whoever owned the property would be responsible if pollution were found. Councilmember Brenner's amendment is unnecessary. Brenner stated the language in the agreement says the County is purchasing the property as -is. She's heard concerns for the past 30 years. The person who owned the property is dead. She doesn't know from whom they'd get reimbursed. Kershner stated this is a hypothetical discussion. There's no known pollution on the property. The motion to amend failed by the following vote: Ayes: Brenner (1) Nays: Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (6) Knutzen asked about reduced setbacks. He asked if any setbacks are proposed to be less than 300 feet from any adjacent property with any kind of housing. Louws stated the original Ferndale code required the setback at 350 feet. The City went through a public hearing and code change this summer and reduced the setback to 250 feet, with stipulations to add privacy screening and other features. The jail planner's original footprint for the facility used the 350 -foot setback, which works. However the 250 -foot setback allows more design flexibility. The County will engage the designers when figuring out the exact setbacks to use the property most efficiently. Brenner stated make sure the concerns of the neighbors are heard and incorporated into the design. She won't support a design with setbacks of 250 feet. The motion carried by the following vote: Ayes: Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (6) Nays: Brenner (1) Louws thanked the Council for their vote. He's pleased they have been able to work through this over the last two years. He looks forward to the next steps in terms of funding and designing. Kremen stated this vote doesn't mean the transaction is done. The County will have a lengthy public discussion about the proposed jail. It's necessary that any correctional system in Whatcom County engage the Restorative Community Coalition. They must focus on alternatives to traditional incarceration, which doesn't produce the results they would like for the community. Mental health court works. Many other successful programs can be used in conjunction with traditional incarceration to protect the community more effectively. Whatcom County Council, 11/26/2013, Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 6. DISCUSSION AND RECOMMENDATION TO COUNCIL (ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) REGARDING REPRESENTATION ON THE WRIA 1 PLANNING UNIT (AB2013 -401) (10:19:14 PM) Knutzen reported for the Planning and Development Committee. Brenner moved that the County appoint a member of the Flood Control Zone District Board of Supervisors to be a voting member of the Planning Unit. As such, the Board of Supervisors has a lot to do with water quality, water quantity, stormwater, facilities, and other things. This is extremely important. Additionally, she would like County staff to serve the Planning Unit as a technical advisory position, not a voting position. Kremen stated he supports Councilmember Brenner's motion. Mann asked if the Council has this authority. Brenner stated it does. Knutzen asked if the Council originally appointed people to the water resource inventory area (WRIA) 1. Mann stated it's a State law. Brenner stated it's a local WRIA. The Council has the authority to appoint members to fill different water quality and water quantity slots. Kremen stated he agrees, especially if they're affiliated with the County. Jack Louws, County Executive, stated he asks for an opportunity to run this by the legal team to determine what the Council can do regarding appointments to the Planning Unit. It was originally put together by the County and the Joint Board. The Planning Unit has its own process at this time. He would like to hold this until December 10. Kremen stated it's elementary and obvious that the County has every bit of authority to determine who is its official representative voting member on the Planning Unit. There is no question about that. He would like to vote on it this evening. There is no reason to defer action to the next meeting. Louws asked if they are talking about representation of the County or the Flood Control Zone District. Weimer asked if the motion is to replace the current County representative with a member of the Board of Supervisors. Brenner stated she still wants Mr. Brueske to serve as a technical advisory member. They would still have one vote. She's not trying to increase the votes. Weimer stated he is against the motion. He supports Executive Louws' request to wait and have a more robust discussion of this in December. Even Skip Richards said this would go to the Planning Unit in December because they had to vote whether or not to expand the Planning Unit. He doesn't understand the legal implications of who can and can't be on the Planning Unit. After sitting on the Planning Unit, he believes it makes more Whatcom County Council, 11/26/2013, Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 sense to have the professional water staff as the representative with constant input from councilmembers. Mann stated nothing about the Planning Unit has been elementary, obvious, or easy to sort out. They've been struggling with a variety of disagreements over various iterations of the Planning Unit. He doesn't care if the representative is a technical advisory member, councilmember, or Board of Supervisors member. He doesn't have a strong preference other than someone who the Council and Executive believe is a good representative. He doesn't know if the intent was for a member of the executive branch or legislative branch to appoint the representative. That's why he asked if the Council has this authority. On the face of it, it seems like the County should be able to appoint whomever they want. He would rather wait and get some clarity before they muddy the Planning Unit further. Kershner stated she understands the request is to appoint someone from the Board of Supervisors as a government, not as the County. They would not take the County position. Mann asked how that person would replace Mr. Brueske. Kershner stated it wouldn't replace Mr. Brueske. Kremen stated Mr. Brueske would still participate and attend the meetings as a staff support person, not as the County representative. The position should be filled by a member of the Board of Supervisors because they represent the Planning Unit in total. They are the elected legislators. It shouldn't be a staff person representing the executive branch. The executive branch has a seat on the Joint Board. The purpose of the Planning Unit is to be represented by the County to the Joint Board. It makes sense that it be an elected representative who is accountable to all the people of Whatcom County. It should be divorced from the Joint Board. Brenner restated the motion that the Whatcom County Flood Control Zone District Board of Supervisors appoint a member to the WRIA Planning Unit as the voting member representing the Flood Control Zone District Board of Supervisors. Unit. Weimer stated that with that motion, the County still has two votes on the Planning Brenner stated she hopes to change that another time. Weimer stated it may take two motions. One Council motion would remove the County representative. Brenner stated that's a different issue. Weimer stated they're adding another voting member. Kremen stated the intent is to be a voting member representing the Board of Supervisors and the County. That would be only one vote. Brenner accepted Councilmember Kremen's suggested intent as a friendly amendment. Whatcom County Council, 11/26/2013, Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Kershner stated there are two different governments. She doesn't think they can take one vote. Brenner stated they need to just vote for the Board of Supervisors. Kershner stated they need a clarification of whether there would be two voting members if they appoint a Supervisor and whether the Planning Unit needs to approve the membership. Brenner stated they don't approve the membership. Kershner stated that was a question that was asked. If they are going to get clarification, get all the questions answered on December 10. Brenner stated she is certain that the different groups decide who will represent them. No one else has anything to do with that. Kershner stated wait two weeks to find out the answers to how this might work. Brenner stated vote tonight. They can get more information for Chris Brueske's representation, which is a different issue. She wants to get that clarified. She's fine getting more information on all of this. She wants to vote on this. She amended and restated the motion for the Board of Supervisors to appoint a Board member to the Planning Unit to represent the Board of Supervisors. Kremen moved to hold in Council to December 10. The motion to hold carried by the following vote: Ayes: Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (6) Nays: Brenner (1) 7. RESOLUTION IDENTIFYING 2014 AND 2015 SALARIES AND BENEFITS FOR WHATCOM COUNTY COUNCILMEMBERS (AB2013 -400) (10:35:47 PM) Mann moved to approve the resolution. Brenner stated these salaries were recommended by the Salary Commission, which the public created by vote. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7) Nays: None (0) INTRODUCTION ITEMS (10:36:32 PM) Brenner moved to accept the Introduction Items. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7) Nays: None (0) Whatcom County Council, 11/26/2013, Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 1. ORDINANCE CLOSING YEW STREET ROAD PROJECT BUDGET FUND 335 (AB2013 -397) 2. ORDINANCE CLOSING LINCOLN ROAD PROJECT BUDGET FUND 336 (AB2013 -398) 3. ORDINANCE AMENDING THE 2013 WHATCOM COUNTY BUDGET, FIFTEENTH REQUEST, IN THE AMOUNT OF $2,968 (AB2013 -399) 4. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, THIRD REQUEST, IN THE AMOUNT OF $326,000 (AB2013 -402) OTHER BUSINESS (10:37:01 PM) Brenner stated she wants a discussion on economic development investment (EDI) money for the West Bakerview project at the next Council meeting. If the stormwater facilities are needed now for the development that already exists, she supports the project. If the project is to build more stormwater facilities for future development, she does not support the project. She needs more information on whether they should reconsider the Council's previous vote. This project is supposed to be for existing stormwater problems. Crawford stated it is not for existing stormwater problems. The development there today has stormwater treatment that is required for that development that is permitted today. The stormwater project is for things coming up. Brenner moved to reconsider the approval of a request by the City of Bellingham for EDI funding of $2.5 million in support of the North End Regional Stormwater Facility project (loan in the amount of $1,675,000 and a grant in the amount of $825,000 (AB2013 -319). Crawford stated the Bellingham Mayor was quoted in the newspaper as saying the City has no other funding alternative for the project. City Public Works staff Ted Carlson told the Transportation Improvement Board that the City will fund the project one way or another. Mr. Carlson talked about the City's stormwater utility fund and bonding scenarios. The County informed the City that the County needs more traffic information to move forward with the project. The State is not ignoring the issues and will watch this closely. It's not timely right now make a decision and have a vote on whether or not to fund it. The merits of the project stand on their own, and the EDI funds are appropriately used for that project. They've all said they want more information. They can progress when the City presents that information. Jack Louws, County Executive, stated the Council instructed the administration to put the contracts together, which it's doing. The City is aware of the request for more traffic information. When the contracts come forward to the Council, the City will have to give an expanded explanation of traffic in the area. He suggests waiting until the City of Bellingham provides its traffic information. Kremen stated he would like the administration to have information on any transportation improvements that may be needed to accommodate the projected Whatcom County Council, 11/26/2013, Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 development in the Bakerview area that will impact County infrastructure. Get a commitment from the City of Bellingham that it will pay for that infrastructure. Crawford stated there is a question of whether they can use traffic impact fees for projects outside the municipality. Kremen stated they can use their general fund money. This is County taxpayer money that they are shifting into the city of Bellingham. The County has already allocated $1.1 million to the City for the waterfront redevelopment. Unincorporated residents are paying the cost of infrastructure that will generate revenue for the City. If the City wants that revenue, they must pay for the infrastructure that will adversely impact other jurisdictions. Kershner stated the County could be allocated a portion of the revenue the City receives. Crawford stated it's appropriate at this point to wait. The City will request the money. The City is aware of the County's concerns and request for more information. The Mayor of Ferndale expounded on some of those concerns. The County doesn't need to do anything until the City takes action. Brenner stated she's hearing concerns from Bellingham residents, too. The County has made its concerns known. She supports reconsideration of the decision. Mann stated the Mayor is not taking it for granted that the County will approve the funding. Brenner amended her motion and moved to schedule a discussion in two weeks about reconsidering the item. She can schedule a discussion in the Public Works, Health, and Safety Committee or the Committee of the Whole. The motion carried by the following vote: Ayes: Brenner, Mann, Knutzen, Kershner and Kremen (5) Nays: Crawford and Weimer (2) REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (10:54:23 PM) Kershner reported that she wishes everyone a Happy Thanksgiving. This is the 150th anniversary of the first official Thanksgiving. Mann reported that he emceed a hospice fund raiser and attended a gala for the Domestic Violence and Sexual Assault Services (DVSAS). Both organizations raised twice what they raised the year before. Knutzen reported he attended a Puget Sound Partnership Board meeting. More stormwater money will be distributed. He hopes the County takes advantage of it. Whatcom County Council, 11/26/2013, Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ADJOURN The meeting adjourned at 10:56 p.m. The Council approved these minutes on January 14, 2014. ATTEST: , Council Clerk - Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner, Council Chair Whatcom County Council, 11/26/2013, Page 21