HomeMy WebLinkAboutCouncil October 22 20131
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WHATCOM COUNTY COUNCIL
Regular County Council
October 22, 2013
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 7:14 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(7:14:44 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy
Kershner, Carl Weimer and Pete Kremen.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
Kershner announced there was a strategy planning discussion and positions to
be taken regarding collective bargaining per RCW 42.30.140(4)(a) (AB2013 -018)
in executive session during the Committee of the Whole meeting.
MINUTES CONSENT
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. SURFACE WATER WORK SESSION FOR SEPTEMBER 17, 2013
2. REGULAR COUNTY COUNCIL FOR SEPTEMBER 24, 2013
3. COMMITTEE OF THE WHOLE FOR OCTOBER 8, 2013
4. REGULAR COUNTY COUNCIL FOR OCTOBER 8, 2013
Whatcom County Council, 10/22/2013, Page 1
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OPEN SESSION
The following people spoke:
Lloyd Zimmerman, Ferndale City Council Member, spoke about acknowledging
and honoring the hard work of the County Councilmembers.
• Ross Marquardt spoke about violating the councilmember oath of office and
undermining the State Growth Management Act.
• Richard Calef spoke about building setbacks and the cost of a variance.
• Greg Brown submitted and read from a handout (on file) about the
discussion and possible action on an Economic Development
Investment Program — EDI Board recommendation to modify
guidelines to add single and multi - family home construction as an
allowable use (AB2013 -332).
CONSENT AGENDA
(7:27:06 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. RESOLUTION ORDERING THE CANCELLATION OF WARRANTS MORE THAN A
YEAR OLD (AB2013 -336)
2. RESOLUTION ORDERING THE CANCELLATION OF ACCOUNTS RECEIVABLE
MORE THAN A YEAR OLD (AB2013 -337)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
BELLINGHAM FOR EMERGENCY REPAIRS TO SUN COMMUNITY SERVICES
HOUSE, IN THE AMOUNT OF $20,000 (AB2013 -338)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
EMERGENCY SOLUTIONS GRANT AGREEMENT BETWEEN WHATCOM COUNTY
AND WASHINGTON DEPARTMENT OF COMMERCE TO PROVIDE
HOMELESSNESS PREVENTION ASSISTANCE, IN THE AMOUNT OF $160,207
(AB2013 -339)
5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND SUN COMMUNITY
SERVICES FOR THE PROPERTY LOCATED AT 515 E. CHESTNUT STREET,
BELLINGHAM, WA (AB2013 -340)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID 13 -74
FOR THE SUPPLY OF FIVE 2014 FORD UTILITY INTERCEPTOR AWD PURSUIT
Whatcom County Council, 10/22/2013, Page 2
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VEHICLES TO THE SOLE RESPONSIVE BIDDER, DIEHL FORD, IN THE
AMOUNT OF $187,353.74 (AB2013 -341)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO PURCHASE SIX 2013
CHEVROLET TAHOE ER &R REPLACEMENT VEHICLES FOR THE SHERIFF'S
DEPARTMENT, IN THE AMOUNT OF $194,853.36 (AB2013 -342)
OTHER ITEMS
1. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, TWELFTH
REQUEST, IN THE AMOUNT OF $1,488,730 (AB2013 -326)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
Brenner stated she is against item two of the request, which is the economic
development investment (EDI) grant for the West Bakerview overpass project. They were
told the improvements would improve the overpass, but they haven't. Hotels and other
development were being built. This doesn't account for any future development that may
locate there. They shouldn't have to pay for it because it was worse than it was when the
project began.
She is also against item four for the purchase of road oil, which is for all the chip seal
the County does on the roads. Experts have told her the County uses chip seal too often in
areas where it's not needed, including a former County Councilmember who had also been
an employee of the State Department of Transportation and a manager of a gravel pit. The
Council doesn't have a right to say where the chip seal is applied around the county. This is
the only opportunity the Council has about this program. She doesn't support it.
Mann stated the committee addressed Councilmember Brenner's concerns. The EDI
funds for the overpass project is a commitment the County entered into with other entities.
The work has been done. It's the County's debt and it must be paid. The Public Works
Committee will schedule a presentation on the chip seal program. For now, this amount is
also about chip sealing products for other cities with which the County contracts.
The motion carried by the following vote:
Ayes: Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (6)
Nays: Brenner (1)
2. RESOLUTION AMENDING THE 2013 WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BUDGET, FOURTH REQUEST, IN THE AMOUNT OF $8,000
(AB2013 -327)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors)
Mann reported for the Finance and Administrative Services Committee and stated
this item is held in committee.
Brenner stated the Joint Board seems to have disdain for the Planning Unit. She
requested Public Works Department staff to present information on how much money is
being spent on staff time to service the Joint Board. This is a very small amount. The fact
Whatcom County Council, 10/22/2013, Page 3
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that the Joint Board cut back funding by a one - third, before the Planning Unit even started,
seems like they're treating themselves and the Joint Board very differently than they're
treating the Planning Unit. Both of those organizations are valid and should get equal
respect.
3. RESOLUTION APPROVING A SALARY SCHEDULE AND POLICIES FOR
UNREPRESENTED WHATCOM COUNTY EMPLOYEES, EFFECTIVE JANUARY 1,
2014(AB2013 -334)
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)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT
AND PUGET SOUND PARTNERSHIP TO DEVELOP A SYSTEM -WIDE
IMPROVEMENT FRAMEWORK (SWIF) TO ADDRESS DEFICIENCIES
IDENTIFIED FOR THE NOOKSACK RIVER LEVEES BY THE US ARMY CORPS OF
ENGINEERS, IN THE AMOUNT OF $300,000 (AB2013 -335)
(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.
Brenner stated she supports this request. This is a starting place. At the end of this
part, they don't have to do anything except accept and process the information. She hopes
the concerns may be for naught and they'll get objective information.
Kershner stated she supports the request because the County spent a lot of money
building the levees to protect the county from flooding. In the Pacific Northwest, there is
evidence that trees on levees are beneficial to the strength of the levee. Nationally, the
Army Corps of Engineers' standard is to not insure levees with vegetation on them. This
money will work out a solution to the conflict and remain in the Federal Emergency
Management Act (FEMA) flood program.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
S. DISCUSSION AND POSSIBLE ACTION ON AN ECONOMIC DEVELOPMENT
INVESTMENT PROGRAM — EDI BOARD RECOMMENDATION TO MODIFY
GUIDELINES TO ADD SINGLE AND MULTI - FAMILY HOME CONSTRUCTION AS
AN ALLOWABLE USE (AB2013 -332)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the policy change with a thorough review of the terms of the agreement.
Whatcom County Council, 10/22/2013, Page 4
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Brenner stated she is concerned about issues brought up in a letter from John
Harmon and David Stalheim about the median income. The associated costs still come out
of the pockets of the taxpayers. This may be too broad for affordable housing. She would
like to hold this item. The Council doesn't have any input on where housing goes or if it's
appropriate. The people who need affordable housing should benefit. She moved to refer
to the Public Works, Health, and Safety Committee.
Kremen stated he is in favor of referring to committee, but refer it to the Finance
and Administrative Services Committee. It's more appropriate and more staff attend the
Finance Committee.
Brenner amended the motion and moved to refer to the Finance and
Administrative Services Committee.
The motion to refer to committee carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
6. RESOLUTION APPROVING THE COLUMBIA VALLEY WATER DISTRICT'S 2013
WATER SYSTEM COMPREHENSIVE PLAN UPDATE (AB2013 -114)
Brenner reported for the Public Works, Health, and Safety 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)
7. RESOLUTION TO CONSIDER VACATING A PORTION OF GLENDALE DRIVE PER
RCW 58.17 & 36.87 AND WHATCOM COUNTY CODE 12.20 (AB2013 -343)
Brenner reported for the Public Works, Health, and Safety Committee and moved
to approve the resolution. There is a question of whether the County can still install a
stormwater facility in the future if it vacates its right -of -way. She's concerned about giving
up rights -of -way that could be used for stormwater requirements.
Mann stated the citizens can already do on the property what they want to do,
without going through the vacation process. They can save County resources and save
these folks from having to pay an application fee by letting them know they can already do
what they want.
Brenner stated residents can't build anything permanent. She wants to know about
installing a stormwater facility in the future if the residents build something permanent.
Staff would prefer to move ahead so they can bring forward all the information.
Crawford stated a vacation is significant. He supports it based on what he sees in
the paperwork. There will never be a road there. The staff should include the stormwater
issue in their analysis. Let the process go forward. The applicants won't get all the
application fee back if the Council doesn't approve this.
Brenner stated a right -of -way isn't just for roads. It can be for stormwater, but they
won't know until they get the staff report.
Whatcom County Council, 10/22/2013, Page 5
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The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
S. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 ZONING, TO
CORRECT ERRORS AND PROVIDE CLARIFICATION (AB2013 -328)
Knutzen reported for the Planning and Development Committee and moved to
adopt the ordinance.
Crawford stated he was on the committee that worked on this ordinance. It was a
difficult process. Title 20 is difficult to work with overall. He acknowledges the hard work of
Gary Davis from the Planning Department.
Brenner stated she also commends the Planning Commission for working on this.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
9. NOMINATION AND APPOINTMENT OF ONE COUNCILMEMBER TO SERVE AS
THE WSAC LEGISLATIVE STEERING COMMITTEE DESIGNEE FOR 2014
(AB2012 -358)
Kershner moved to nominate and appoint Councilmember Kremen.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
(Clerk's Note: Discussion of this item continued under Other Business.)
10. RESOLUTION ESTABLISHING REGULAR WHATCOM COUNTY COUNCIL
MEETING DATES FOR 2014 (AB2013 -330)
Crawford moved to approve the resolution.
Brenner stated she is against the schedule. The Council should meet more often
and on a regular schedule. It's confusing for the public. She moved to amend to meet
every week except for holidays.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (6)
Brenner moved to meet the first and third Tuesday or the second and fourth
Tuesday of every month, except for holidays.
Kershner asked what the Clerk has to consider when creating the schedule.
Dana Brown- Davis, Clerk of the Council, stated she does not schedule meetings after
a Monday holiday. She begins the year after the oath of office ceremony, which is set up in
Whatcom County Council, 10/22/2013, Page 6
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the Charter. She schedules around the National Association of Counties (NaCO) conference
in March, election day, and the week of the Fourth of July.
Crawford stated the Charter says the Council must meet 22 times per year.
Brenner stated the Charter used to allow them to meet almost every week.
Brenner amended her motion and moved to amend to hold meetings on the
first, second, and fourth Tuesday of the month.
Kershner stated the Council does meet almost every week because it has surface
water work sessions and Board of Health meetings on alternate weeks.
Brenner stated those meetings are during the day when people are working. It's
good public policy to have more meetings when they are on a regular schedule.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (6)
The motion to approve the resolution as presented carried by the following vote:
Ayes: Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (6)
Nays: Brenner (1)
INTRODUCTION ITEMS
Mann moved to accept Introduction Items one through six, including a substitute
for Introduction Item one.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
1. RESOLUTION ADOPTING THE WHATCOM COUNTY 2014 ANNUAL ROAD
CONSTRUCTION PROGRAM (AB2013 -344)
2. ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENTS RELATING TO
CAPITAL FACILITY PLANNING FOR SPECIAL PURPOSE DISTRICTS (AB2013-
345)
3. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, THIRTEENTH
REQUEST, IN THE AMOUNT OF $18,974,579 (AB2013 -346)
4. ORDINANCE AMENDING ORDINANCE NO. 2013 -003 (SECOND AMENDMENT)
ESTABLISHING A PROJECT FUND FOR THE NEW JAIL PROJECT (AB2013-
347)
5. ORDINANCE ESTABLISHING THE STATE STREET BUILDING ACQUISITION
AND IMPROVEMENT FUND AND RELATED CAPITAL BUDGET APPROPRIATION
(AB2013 -348)
Whatcom County Council, 10/22/2013, Page 7
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6. ORDINANCE ESTABLISHING A CAPITAL BUDGET APPROPRIATION FOR
RENOVATION OF THE CIVIC CENTER BUILDING (AB2013 -349)
OTHER BUSINESS
(8:00:52 PM)
DISCUSSION OF A PROPOSED RESOLUTION ADOPTING THE WHATCOM COUNTY
2014 ANNUAL ROAD CONSTRUCTION PROGRAM — DISCUSSION TO INCLUDE A
PRESENTATION ON THE BIRCH BAY DRIVE AND PEDESTRIAN FACILITY (AB2013-
344)
Brenner reported for the Public Works, Health, and Safety Committee and stated the
committee suggested the amendment to the Annual Road Construction Program to include
item 11 on the substitute.
(Clerk's Note: Discussion continued after the next item of Other Business.)
NOMINATION AND APPOINTMENT OF ONE COUNCILMEMBER TO SERVE AS THE
WSAC LEGISLATIVE STEERING COMMITTEE DESIGNEE FOR 2014 (AB2012 -358)
(Clerk's Note: Discussion continued from earlier in the meeting.)
Crawford stated Councilmember Kremen is the right person to do an excellent job on
behalf of the County Council in this role. He hopes the Council will accommodate expense
reimbursement to cover expenses in 2014.
DISCUSSION OF A PROPOSED RESOLUTION ADOPTING THE WHATCOM COUNTY
2014 ANNUAL ROAD CONSTRUCTION PROGRAM — DISCUSSION TO INCLUDE A
PRESENTATION ON THE BIRCH BAY DRIVE AND PEDESTRIAN FACILITY (AB2013-
344)
(Clerk's Note: Discussion continued from earlier in Other Business.)
Brenner reported again for the Public Works, Health, and Safety Committee and
stated the committee suggested an amendment to the Annual Road Construction Program
regarding an evaluation of the Slater Road connector.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
(8: 04 :15 PM)
Brenner reported she attended the Planning Unit meeting last week. It was well
done and the facilitators did a fine job.
Kremen reported the Washington State Association of Counties held a meeting
regarding exempt wells, which included State, local, and tribal participation. He attended
via a conference call due to budget constraints. He would be more effective by attending in
person. The counties of this state are under siege. This is an issue important to every
county in the state and to thousands of landowners. He and Councilmember Kershner
talked to the County Executive today about legislative priorities for 2014. One of the two
Whatcom County Council, 10/22/2013, Page 8
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priority issues is exempt wells. He is committed to representing the County at the
association.
Crawford asked the timeline of mailing out the November ballots. It seems to be
taking longer this year to get the ballots.
Debbie Adelstein, Auditor, stated they were mailed on Friday. Now, the mail has to
go through Seattle rather than through Everett. It takes a little bit longer.
Kremen reported that the second half of property taxes are due October 31.
ADJOURN
The meeting adjourned at 8:11 p.m.
The Council approved these minutes on November 12, 2013.
ATTEST:
, Council Clerk
-, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kathy Kershner, Council Chair
Whatcom County Council, 10/22/2013, Page 9