HomeMy WebLinkAboutCouncil October 8 20131
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WHATCOM COUNTY COUNCIL
Regular County Council
October 8, 2013
CALL TO ORDER
Council Vice Chair Bill Knutzen called the meeting to order at 7:00 p.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(7:01:40 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy
Kershner, Carl Weimer and Pete Kremen.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
Knutzen announced there was discussion with Chief Civil Deputy Prosecutor
Daniel Gibson regarding pending litigation, Calvin v. Elfo and Jones (AB2013 -018)
in executive session during the Committee of the Whole meeting.
Crawford moved to authorize the County to provide a defense and indemnification
for Sheriff Bill Elfo and Chief of Corrections Wendy Jones in the case of Donald Calvin v. Bill
Elfo, Sheriff of Whatcom County, and Wendy Jones, Chief of Corrections, filed in Federal
District Court for the Western District of Washington.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
Crawford stated the Council, "In support of our decision to defend and indemnify the
Sheriff and Chief of Corrections, we make the following findings regarding the allegations of
Mr. Calvin against them:
1. Sheriff Elfo and Chief Jones were acting in a matter in which the County had an
interest;
2. They each were acting in the discharge of a duty imposed or authorized by law; and
3. They each acted in good faith in the discharge of their respective duties."
Knutzen announced there was discussion with Senior Deputy Prosecutor Karen
Frakes regarding pending litigation, Hirst et al v. Whatcom County, GMHB Case No.
12 -2 -0013 (AB2013 -018) in executive session during the Committee of the Whole
meeting.
Whatcom County Council, 10/8/2013, Page 1
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MINUTES CONSENT
Kremen 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. SPECIAL COMMITTEE OF THE WHOLE FOR SEPTEMBER 10, 2013
2. REGULAR COUNTY COUNCIL FOR SEPTEMBER 10, 2013
3. COMMITTEE OF THE WHOLE FOR SEPTEMBER 24, 2013
PUBLIC HEARINGS
1. ORDINANCE AMENDING THE WHATCOM COUNTY 2013 UNIFIED FEE
SCHEDULE TO INCORPORATE A "FERRY NON - PAYMENT FEE" (AB2013 -289)
(7:04:29 PM)
Knutzen opened the public hearing, and the following people spoke:
Mike McKenzie stated he urges Council to not pass this amendment for reasons he
put in writing and submitted last week. They must examine the proposed amendment more
carefully. There are limited ways someone can pay the ferry fare. A question is how they
would collect from Canadian visitors who don't know they can't pay with credit cards and
would be discouraged from returning to Lummi Island for fear of persecution. That's not an
image they want to project.
Rhayma Blake stated everyone wants to make sure people pay their fair share.
Ferry Task Force recommendation number nine calls for an electronic ferry ticketing system
on the ferry deck. Recommendation 18 says the County should not institute a collections
procedure for tracking and collecting from no -pays and under - payments because
implementation of an on -deck payment will resolve those problems and reduce
administrative staff time. It makes no sense to introduce this ordinance before electronic
ticketing trials. The Lummi Island Ferry Advisory Committee (LIFAC) and Protect Lummi
Island Community (PLIC) general membership recommend that the Council to vote against
the ordinance.
James Ross submitted and read from a handout (on file) and stated he urges the
Council to vote against the ordinance because he doesn't understand or know enough about
it. They need signage at the dock and information on the website to help people. There is
no mention on the website of accepting U.S. funds only. Committees of island residents are
willing to spend time looking at what can be done to keep these problems from occurring in
the first place.
Hearing no one else, Knutzen closed the public hearing.
Brenner moved to adopt the ordinance and stated she is against the motion to
adopt. No councilmembers have asked for a process to fine people. They talked about
making it easier for people to pay, such as allowing an option to pay with a credit or debit
card. She does not support a fine for non - payment at this point. Now, it would set people
Whatcom County Council, 10/8/2013, Page 2
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up to fail. Staff could maybe count the number of riders who don't pay for a year and see
what kind of problem it is. The Auditor had issues with appropriate cash handling.
Frank Abart, Public Works Director, gave a staff report and stated one solution
discussed was having a machine on the mainland. However, due to the cost and feasibility,
that option was ruled out. They will follow a process set up for bad checks. The fee for this
is the same as the fee for writing a bad check to the County. Today, a person can get on
the ferry and write a check for the passage. If the check bounces, the person will pay the
price of passage plus the $30 bad check fee. If a person gets on the ferry without the funds
for payment, there's no consequence.
The two emails he saw indicated that they want the flexibility of using credit cards.
The County is within a couple of months of implementing a full credit card program. This
amendment does not have to take effect immediately. The Council could indicate that the
fee would take effect when the credit card program becomes fully functional.
Kremen stated it's encouraging to hear that the ferry can accept credit cards in a few
months. He is against this proposal as it is. It's premature to institute a fine for this
situation. The fine amount is too high for the violation. He opposes this proposal.
Weimer asked what happens if someone gets on the ferry and doesn't have enough
for the fare. Abart stated it's an honor system, and there is a IOU system in place. The
purser will make a note, and the passenger has to come back and pay the fare.
Weimer stated the ferry crew can hand the passenger an envelope, and the County
would probably get most of that money back. It may be an alternative. If the fare wasn't
received in two weeks, the fee could increase. Abart stated there are State Auditor issues
related to the gift of public funds. Any process is better than nothing.
Weimer stated he's not suggesting they let people be freeloaders.
Knutzen stated that to do this right, they must overcome a lot of roadblocks, such as
having consistent mobile data access and adhering to State regulations for such a program.
It's not as simple as using a credit card reader on a phone. He thanks staff for being
persistent with this work.
Crawford stated toll booths on toll roads are now gone. In terms of a ferry, a lot of
what they've talked about is centered around the challenge of collecting tickets and fares,
when it's only a five - minute run. With a front and back license camera system, they would
not have those challenges. Everyone who uses it would get a bill if they didn't have an
electronic chip. A system like that might not be cost effective. This location and
environment is adverse for such a program. Look at other technologies and the long -term.
Eliminate the concept of collecting the fare onsite.
Knutzen stated he's not inclined to use such a system after the incident with the red
light cameras in Bellingham.
Brenner stated implementing fines is done after they've tried every way to
accommodate the passengers. They have to make things accessible for the passengers.
The electronic system may go down at times, but most of the time they'll work.
Kremen stated implementing a toll system is more appropriate for a road that
handles 50,000 to 70,000 cars per day, not 3,000 cars per year. He doesn't know if that
Whatcom County Council, 10/8/2013, Page 3
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expenditure would be justified. If it can be done cost - effectively, they could pursue it. He
likes Councilmember Weimer's suggestion of handing out pre - printed envelopes to people
who don't have sufficient money to pay the fare. Implementing an effective program to
collect funds from a credit card or debit card will satisfy the State Auditor. The County can
show it is trying to comply with the wishes of the State Auditor.
Kershner stated she supports a program that allows passengers to use credit cards,
but it doesn't have to be an immediate, electronic process. They could use an old fashioned
manual card machine and the staff could process the card payment the next day. She's
disappointed they've been waiting for this for two years, and now they're considering a fee
for people who can't pay when they drive on the ferry. The County must make it possible
for people to pay when they want to, and not penalize them. She won't support the
ordinance tonight. Give people a chance to do the right thing without being penalized.
Mann stated the Council won't implement this amendment until there is a credit card
option on board. If there were a penalty, then $30 is too much. A bounced check fee helps
reimburse costs of processing paperwork and bank fees. Get the credit card program in
place. If there has to be a no- payment penalty, make it more proportional to the amount.
Crawford stated he agrees with voting against this amendment, but is open to
continuing to work with Public Works staff to make these processes as smooth as possible.
After they try the credit card system for a while and the recommendation remains to
implement a non - payment penalty, he would be more willing to consider it.
The motion failed by the following vote:
Ayes: None (0)
Nays: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
2. RESOLUTION ADOPTING THE SIX -YEAR WATER RESOURCES IMPROVEMENT
PROGRAM (WRIP), 2014 -2019 (AB2013 -316) (7:32:43 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Knutzen opened the public hearing and, hearing no one, closed the public hearing.
Crawford moved to approve the resolution. The list of prioritized projects has
made it easier for the Council to put into perspective all the proposed stormwater and water
programs. He thanked everyone involved in coming up with and implementing the process.
Knutzen asked if the property on Highway 9 is included.
Chris Brueske, Public Works Department, stated there was insufficient support by the
Advisory Committee to add it to the six -year plan. The recommendation is to watch it
through this winter.
Mann stated this was discussed at length by the Council at its surface water work
session.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
Whatcom County Council, 10/8/2013, Page 4
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OPEN SESSION
(7:35:59 PM)
The following people spoke:
• Karen Brown spoke about restarting the Planning Unit.
• Mike McKenzie spoke about various Lummi Island ferry and storm drainage
issues.
CONSENT AGENDA
(7:38:53 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one and three.
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
LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND SANITARY SERVICE
CO. FOR THE CEDARVILLE AND BIRCH BAY TRANSFER STATIONS, IN THE
AMOUNT OF $6,000 OVER A FIVE -YEAR PERIOD, PLUS LEASEHOLD TAX OF
12.84% (AB2013 -321)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND KULSHAN ENVIRONMENTAL
SERVICES FOR CONSULTING SERVICES TO DEVELOP AND IMPLEMENT A
STAKEHOLDER INVOLVEMENT PROCESS FOR DEVELOPMENT OF THE
SYSTEM -WIDE IMPROVEMENT FRAMEWORK FOR THE NOOKSACK RIVER
LEVEE SYSTEM, IN THE AMOUNT OF $44,460 (AB2013 -322)
(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
that the Whatcom County Flood Control Zone District Board of Supervisors approve the
request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON
STATE DEPARTMENT OF ECOLOGY FOR SOLID WASTE COMPLIANCE
MANAGEMENT AND LITTERING AND ILLEGAL DUMPING ENFORCEMENT
SERVICES, IN THE AMOUNT OF $154,740 (AB2013 -323)
Whatcom County Council, 10/8/2013, Page 5
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OTHER ITEMS
1. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, ELEVENTH
REQUEST, IN THE AMOUNT OF $13,300 (AB2013 -314) (7:40:11 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 REPEALING ORDINANCES 2009 -045, 2006 -350, AND 87 -19,
WHICH ESTABLISHED PETTY CASH REVOLVING FUNDS FOR PUBLIC WORKS
ENGINEERING, ROAD DESIGN /CONSTRUCTION, AND ER &R (AB2013 -315)
(7:41:13 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)
3. ECONOMIC DEVELOPMENT INVESTMENT PROGRAM — EDI BOARD
RECOMMENDATIONS (AB2013 -319) (7 :41 :30 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve both projects.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
4. RESOLUTION IN THE MATTER OF THE ELECTION TO RECEIVE NATIONAL
FOREST RELATED SAFETY -NET PAYMENTS UNDER PL 112 -141 (AB2013 -320)
(7:42:09 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)
5. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
SCOTT VAN DALEN TO THE WHATCOM COUNTY APPEALS BOARD (AB2013-
324) (7 :42 :36 PM)
Knutzen moved to confirm the appointment.
Whatcom County Council, 10/8/2013, Page 6
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The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
6. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
MARVIN WASCHKE TO THE WHATCOM COUNTY LIBRARY SYSTEM (RURAL
LIBRARY) BOARD (AB2013 -325) (7:43:13 PM)
Kremen moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
7. NOMINATION AND APPOINTMENT TO FILL ONE VACANCY ON THE NOXIOUS
WEED CONTROL BOARD, DISTRICT 4 REPRESENTATIVE - APPLICANT(S):
NICHOLAS KUNKEL (AB2013 -317) (7 :43:38 PM)
Brenner moved to nominate and appoint Nicholas Kunkel.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
INTRODUCTION ITEMS
(7:44:18 PM)
Mann 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)
1. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, TWELFTH
REQUEST, IN THE AMOUNT OF $1,488,730 (AB2013 -326)
2. RESOLUTION AMENDING THE 2013 WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BUDGET, FOURTH REQUEST, IN THE AMOUNT OF $8,000
(AB2013 -327)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
3. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 ZONING, TO
CORRECT ERRORS AND PROVIDE CLARIFICATION (AB2013 -328)
Whatcom County Council, 10/8/2013, Page 7
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OTHER BUSINESS
(7 :45 :06 PM)
Brenner stated the Finance Committee discussed how the Bakerview Road overpass
area is going to be dealt with in the future. She would like to continue that discussion with
City of Bellingham staff who knows what the City plans to do. The current plan isn't going
to solve long -term problems. After the first few cars, there will be another backup. This is
a problem in the City jurisdiction that will affect the County.
Kremen stated County infrastructure will be affected according to the City's plan.
Crawford asked if they are talking about Pacific Highway.
Kremen stated they are.
Brenner stated the County represents people who live in the city, even though this
isn't directly in County jurisdiction. She would like a little reassurance and a real discussion
with people who have been working on this.
Knutzen asked if this is something the Council of Governments (COG) would address.
Crawford stated it would. There are a lot of issues in the cities that the County could
say it should weigh in on. The County voted to fund using economic development funds for
part of the stormwater treatment that will work with that neighborhood. If the Council
wants a presentation from the City on its traffic plan for the area, the City staff would come
in and do that. If councilmembers are concerned, have a County Council resolution to the
City Council. That's where the discussion needs to take place. They are the decision -
makers for that area. If the County Council feels today's stormwater funding request
enables a situation that will have a negative impact on County residents, it should have
voted against the request. He questions the notion of bringing City staff here to discuss a
City planning issue.
Brenner stated the County is obligated to get involved in traffic issues that will affect
county residents. They may not have direct jurisdiction. She doesn't agree that planned
improvements will improve the level of service to acceptable levels. It's a big issue.
Mann stated he agrees with Councilmember Brenner. There is a clear nexus
between the County Council responsibilities and the City's plan. They wouldn't perceive it
as a rude request. The two jurisdictions should communicate about things like this more
often. He would like to talk to the City of Bellingham about other issues, too. He would like
to talk to the City about its memorandum of understanding with the City of Lynden about
the water trade.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
(7:51:44 PM)
Weimer reported for the Lake Whatcom Policy Group and stated they would discuss
policies for the aquatic invasive species program at the next Natural Resources Committee
meeting. There seem to be some conflicting policies they need to work out.
Whatcom County Council, 10/8/2013, Page 8
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Kershner reported that she thanks Victoria Doerper, Northwest Regional Council
Executive Director, for her years of service. She retired at the end of September.
Mann reported he attended the WhatComm meeting in which the annual budget was
approved. They have plans for the emergency operations center (EOC) and potential for
telecommunications infrastructure upgrades. He also attended drug court last week as an
observer to understand the County's alternative programs.
Knutzen reported he attended recent Puget Sound Partnership meetings. Funding is
available. He's encouraged that Whatcom County has a local integration organization (LIO)
to take advantage of some of those funds. He hopes they can continue to take advantage
of funding for stormwater and flood issues.
Brenner reported that her sympathy goes out to Public Works staff person Debbie
Bailey for her loss and her recent car accident.
Kremen reported he attended the reception for Victoria Doerper, who did an
excellent job for the region. He also attended the first Planning Unit meeting. He was
encouraged by the interest and attendance of the stakeholders and citizens, but was
disappointed by the facilitators. The meeting wasn't as productive as it could have been.
He's concerned those who attended were disappointed. He hopes future meetings will be
more productive.
Crawford reported that on a recent trip through Montana, building permits are only
required inside City jurisdictions.
ADJOURN
The meeting adjourned at 7:59 p.m.
The Council approved these minutes on October 22, 2013.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
, Council Clerk Bill Knutzen, Council Vice -Chair
- Minutes Transcription
Whatcom County Council, 10/8/2013, Page 9