HomeMy WebLinkAboutCouncil December 4 20121
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
December 4, 2012
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 7:03 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(7:03:30 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy Kershner,
Carl Weimer and Pete Kremen.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
(7 :04:06 PM)
Kershner announced there was discussion regarding a potential property
acquisition for general government purposes (AB2012 -018) in executive session
during the Committee of the Whole meeting.
SPECIAL PRESENTATION
1. PRESENTATION BY COUNTY EXECUTIVE JACK LOUWS AND SHERIFF BILL
ELFO ON NEW JAIL PLANNING INCLUDING SELECTION OF POTENTIAL
PROPERTIES AND POTENTIAL JAIL PLANNER (AB2012 -1568) (7:04 :45 PM)
Jack Louws, County Executive, submitted and read from a presentation (on file). He
thanked the citizen representatives on the Jail Planning Work Group, Dave Christensen and
Peter Dworkin.
Bill Elfo, Sheriff, continued the presentation about the process for establishing the
Jail Planning Work Group, writing the jail planner request for proposal, establishing selection
criteria, and the reasons for selecting the DLR Group. The Executive and Jail working group
are now negotiating a proposed contract for the services of the DLR Group for review and
consideration by the County Council.
Louws continued the presentation describing the siting criteria and the 11 property
sites considered for the jail and the next steps. He submitted a book that includes complete
information on all the potential properties.
Whatcom County Council, 12/4/2012, 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
Elfo stated the County must protect its residents. Their ability to do that is in
jeopardy due to the failing jail facility. He acknowledged the Jail Planning Task Force and
the Executive Jail Working Group. This may be one of the largest County projects in their
generation, and it must be done right. They need the expertise of a talented and
experienced jail planning firm to ensure they achieve the maximum efficiencies through
design and technologies and also in finding alternatives to expensive incarceration, to
include enhancements to the mental health options and treatments available. Be careful in
making decisions that will have an impact far into the future. It makes more sense to
locate the jail at a location where future needs can be addressed incrementally, if and when
they occur, rather than starting over again with a major project in 20 years. Locate the jail
in the central county, where law enforcement and the community have easy access to
Interstate 5. He thanks the Council for its support of the project, and Executive Louws for
his leadership. Continue to support efforts to complete this project as quickly as feasible.
Kershner asked if they are going to delay a decision on property acquisition until the
jail planner is hired and makes recommendations. Louws stated a jail planner will help with
the process. Ultimately, the County must complete a supplemental environmental impact
statement (EIS). It wouldn't be wise for the County to buy the property until that's
complete. He will develop a purchase and sale agreement with these folks, subject to all of
these components and subject to Council approval. He doesn't have the authority to buy
the property without Council approval. They should also develop the budget and staffing
needs so they can make a decision on all the related facts. That decision should come
before the Council later in 2013.
Brenner stated people are asking her if the County can reassure people that it won't
dump all the improvements of a small area on a local improvement district (LID), which is
what happened on Bakerview with the mall. Louws stated the County will review the City of
Ferndale development standards and requirements. Rural Avenue and Sunset Avenue are
already fully improved. LaBounty Road will be impacted by additional traffic. Whatcom
County needs to pay for the infrastructure.
Mann asked if the DLR Group is in any way affiliated with the first contractor, HDR.
Elfo stated it is not affiliated at all. They are two separate companies. DLR was formed
under that name in 1966, and the firm is over 100 years old. It is an employee -owned
company that has taken on major projects across the United States and the world.
Kremen asked the location of DLR headquarters. Elfo stated the DLR Group main
office is in Seattle.
Elfo stated David King will act as a liaison to ensure the DLR Group is in tune and in
touch with what's going on. The principals of that firm attended many Jail Planning Task
Force meetings to get perspective on and knowledge of what Whatcom County wants. He
expects DLR to do a great job.
Elfo stated he can to make arrangements for councilmembers to see other DLR
Group - developed facilities.
MINUTES CONSENT
(7:39:15 PM)
Knutzen moved to approve the Minutes Consent items.
Whatcom County Council, 12/4/2012, 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
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. SPECIAL COMMITTEE OF THE WHOLE FOR NOVEMBER 1, 2012
2. SPECIAL COMMITTEE OF THE WHOLE FOR NOVEMBER 7, 2012
3. COMMITTEE OF THE WHOLE FOR NOVEMBER 7, 2012
4. REGULAR COUNTY COUNCIL FOR NOVEMBER 7, 2012
PUBLIC HEARINGS
Knutzen moved to move open session to this point in the meeting.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Mann and Kershner (6)
Nays: Knutzen (1)
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 16.20, WHATCOM
COUNTY SHELLFISH PROTECTION DISTRICT (AB2012 -371) (7:43:14 PM)
Kershner opened the public hearing and, hearing no one, closed the hearing.
Knutzen moved to adopt the ordinance.
Brenner stated the Council discussed this item in committee today.
Kershner stated that when appointed, the Advisory Committee members are
appointed for life. They are changing the text to create and stagger the terms.
Chris Brueske, Public Works Department, stated the change is to standardize the
membership with other County advisory committees.
Kershner stated the Birch Bay Shellfish Protection District has three positions that
can be identified to receive 3 -year terms, and the Council needs to choose one more. They
will make a motion about identifying the fourth position to receive a 3 -year term at the end
of the meeting tonight, under Other Business.
The motion to adopt the ordinance carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. RESOLUTION IN SUPPORT OF AN APPLICATION FOR A WASHINGTON
DEPARTMENT OF COMMERCE COMMUNITY DEVELOPMENT BLOCK GRANT
(AB2012 -372) (7:48:44 PM)
Kershner opened the public hearing and the following people spoke:
Whatcom County Council, 12/4/2012, 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
Mike Cohen, Bellingham Food Bank Executive Director, stated this would allow the
food bank to expand to double its square footage and help more people.
Mann asked if the Whatcom County Emergency Food Network is another name for
the food bank. Cohen stated it is what the collection of all the food banks in the county call
themselves when applying for things on behalf of the full network. They are all independent
non - profits.
Knutzen asked if the County did something similar to this two years ago in the
County budget. He thought they were going to do a food bank expansion two years ago.
Cohen stated this is part of a $2 million capital project to double the square footage and
increase capacity.
Suzanne Nevan, Ferndale Food Bank Director, stated she encourages the Council to
support this grant and collaborate the Bellingham food bank. Her county food bank can't do
it's work without the support of the Bellingham food bank. Many county banks are small,
and cannot accept the monthly and weekly shipments of food.
Jim Grennell, Project Hope Food Bank Executive Director, stated he also encourages
support of the grant. The Bellingham food bank helps the people in Lynden. Help expand
capacity of the Bellingham food bank, which will help the other food banks. There is a
network of eight to ten food banks that depend on the Bellingham food bank. Expanding
the Bellingham food bank will help feed more people in the county.
Hearing no one else, Kershner closed the public hearing.
Kremen moved to approve the resolution.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
3. ORDINANCE AMENDING THE WHATCOM COUNTY CODE TO ALLOW
AGRICULTURAL SLAUGHTERING FACILITIES IN THE AGRICULTURE ZONING
DISTRICT (AB2012 -300) (7 :54:22 PM)
Kershner opened the public hearing, and the following people spoke:
Tip Johnson stated he supports reasonable scale and properly -sited facilities that
benefit local producers and consumers with quality local meat products. However, the use
of the term small scale agricultural slaughter is misleading. The proposal is not small scale,
and addresses the slaughter of animals, not agriculture. It should be called large scale
animal slaughter. The proposal permits unrestrained slaughter and rendering facilities, and
encourages factory farms across 88,000 acres. Enabling farmland industrialization could
contribute to the slaughter of agriculture in Whatcom County. The building limit is five
times the size necessary, but any number of facilities can be accessory to one another, and
thus be permitted. One facility might slaughter 75,000 chickens per day, and require 50 to
60 acres for factory chicken house or an untold number of acres of pasture- raised broilers to
meet the one -half local rule. This could transform rural Whatcom County by creating some
of the worst jobs in the world in an industry with one of the worst environmental
reputations. Nothing in the record suggests anyone has properly evaluated the impacts of
this new policy. Industrial poultry produces more nitrates and phosphates than feed lot
beef, hogs, and daily combined. Every aquifer in the county is already polluted with too
Whatcom County Council, 12/4/2012, 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
much nitrate. It's been proven in studies that property values will go down, even if a facility
is not built. Appoint a quality task force and allow the right size and type of facility in the
very best place that will do the most good and least harm. Don't rezone the entire
agricultural zone, especially without a State Environmental Policy Act (SEPA) determination
of non - significance (DNS) that doesn't address the proposal.
Wendy Harris stated this proposal replaces land saved to grow food with unlimited
industrial facilities. This gives farmers an industrial land upzone, prices industrial land at
agricultural land rates, and has reduced environmental regulation and oversight. The
proposal protects farmers' property rights, not farm land. Natural resources are finite. She
has not seen evidence of an established need. A shortage of slaughter facilities in Western
Washington reflects consolidation of the slaughter industry. This has driven small farmers
out of business and created low- paying jobs and animal abuse. The proposal embraces the
source of the problem. There is a conflict between industrial and agricultural use of land.
This proposal is not Growth Management Act (GMA) compliant because it lacks standards to
prevent farmland from being replaced by industrial business. Whatcom County prohibited
slaughterhouses in the agricultural zone in 2006. Nothing has changed to warrant a rezone.
Greg Brown stated this needs to be a permitted use, as the Planning Commission
recommended. Staff suggested to the Council that's its recommendation would make it
work with the Growth Management Act. Set an employee level at 20 people.
Max Perry stated the Planning Commission held several meetings with input from
farmers and citizens. He supports the Planning Commission final recommendation allowing
slaughter facilities on agricultural land. It is a need of dairies and cattlemen to operate
efficiently and cost - effectively.
Lori Erbs stated she is opposed to the ordinance. She referenced and read a letter
she sent to the County Council dated October 6, 2012, which included a petition signed by
over 60 property owners asking the Council to not rezone to allow slaughterhouses (on file).
On behalf of the International Society for Cow Protection, she is opposed to cow slaughter.
She practices Vaischnav, which opposes any kind of cow slaughter. She referenced the
Manu Samhita and stated assisting someone in the slaughter of cows, including transporting
and eating beef, will suffer severe karmic reactions. There are sustainable alternatives to
slaughter.
Gaythia Weis stated she recently moved to Whatcom County from eastern Colorado.
There aren't enough slaughterhouses available nationwide. As a consumer, she wants a
U.S. Department of Agriculture (USDA) facility. Slaughter is an industrial process. They
need specific zoning for a very few good facilities. The language should be 'odor" not
"noxious vapors." They need to be concerned about waste from blood and guts. A facility
needs a sewer system and waste treatment plant. Think more carefully about sizing.
Twenty people in 15,000 square feet is a lot. The building only has to accommodate one
COW.
Lisa McShane stated she agrees with Gaythia Weis. There is a growing interest in
producing good, local food, including meat. They need to be able to slaughter animals. A
mobile slaughterhouse from elsewhere doesn't have the capacity or flexibility people need.
The rules should be narrow to provide only for Whatcom County animals to be killed.
Carefully control waste. Make sure it's sized and sited appropriately for Whatcom County.
John Kirk stated he speaks on behalf of farmers and people in the agricultural area.
About 1,000 individuals handle agriculture in Whatcom County. Most testimony tonight
Whatcom County Council, 12/4/2012, 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
comes from people who don't work in the farm industry. A problem is the matter of value -
added products. The proposal is from individuals who want to add value to their farm
products. Cut through the rhetoric. Farmers are always dealing with regulations. They
have to meet criteria from different government departments. Look at this from the
perspective of how farmers can make a living.
Charles Law stated he is opposed to the ordinance. Put such a facility in industrial
land. It's an industrial service and industrial product. It is not an agricultural service. He is
also concerned about workers in a slaughterhouse, which are normally guest workers from
another country. It is a very dangerous and low- paying job.
Gabriel Claycamp, applicant, stated that if a facility is not a USDA it can't be sold.
The facility will definitely be a USDA facility. The SEPA review has already been done, and
another SEPA review will be done for the actual site. Wastewater plans are in place. A
large scale slaughterhouse slaughters between 300 and 500 beef per hour. A plant of this
size will be able to do 100 beef per day. This is a small scale slaughterhouse. Everyone
wants dry -aged beef, which takes a lot of space. Most or all the concerns brought up by the
community are valid, and will be addressed by other agencies.
Shane Roth stated the applicant's entire business plan hinges on the Council
adopting this ordinance. If the applicant had wanted to establish a slaughterhouse on time
and open in 2013, his business plan would be to build where the use is zoned now. The
County didn't decide to build a slaughterhouse where it's not allowed by zoning. Don't rush
to change zoning in the entire county because one person wants to start a business, which
may be under - capitalized because he can't afford to buy land where the use is currently
zoned. The reason for the regulation is because unregulated slaughterhouses were carnal
houses, as told by Upton Sinclair in his book The Jungle. People found out what was ending
up in their food, and insisted that the industry be regulated. The reason government
regulates industries is because the industries do a very bad job of regulating themselves.
Slaughterhouses were the first industry to be regulated.
Hearing no one else, Kershner closed the public hearing.
Brenner moved to refer to the Planning and Development Committee. People who
spoke provided a lot of interesting information. She encouraged them to leave their contact
information for her. This should go to committee because there are unanswered questions.
She would like more information and to have more discussion.
Mann stated he supports the motion to refer to committee. The councilmembers
aren't that stupid. People use words like "land grab" and "factory farms" and say they are
rezoning agricultural areas to industrial areas that will be over run with feed lots. That
undermines their argument. That's not what the County is doing or is trying to do. It isn't
the outcome. Everyone on the Council has the intent to support the local farmer. They all
want a small scale, safe, humane, and environmentally friendly slaughterhouse that is USDA
approved where local farmers can take their livestock and sell it locally. Unfortunately, the
Council always has to write laws that envision the worst -case scenario. If there is a
loophole, someone will try to go through it. He wants this done right. They shot down the
possibility of wind mills because they didn't like how they looked or sounded, and discussed
it forever. They have enough information from the public that deserves a look. He will
support the motion, but his goal is the same. They just want to make sure they get the
language right.
Whatcom County Council, 12/4/2012, 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
53
Weimer stated he will also support the motion, for many of the reasons
Councilmember Mann stated. They all support the need for a small slaughterhouse in the
county. An environmentalist recently said that the one thing a person can do to reduce
their footprint is to quit eating meat, except purchasing locally raised and slaughtered beef.
It's an equally green way to go. There is support for a slaughterhouse in the county. The
original proposal for a 5,000 square foot facility with ten employees under a conditional use
permit and a limited number of cows per day was a very good proposal. Unfortunately, the
Planning Commission took off on a new philosophical discussion about property rights.
That's a new twist he can't support. It needs to go back to committee for some more work.
Kremen stated he also supports the motion to refer to committee, for the reasons
already stated.
Kershner stated testimony was given that she is against any regulation of
slaughtering facilities. That is not true. The Planning staff and legal department came
forward with conflicting information about the Planning Commission recommendation, and it
was frustrating. She agrees that the Council is not trying to turn Whatcom County
agricultural land into a huge industrial complex that is slaughtering cows, chickens, and pigs
on every square inch of the agricultural land. They're actually trying to meet a community
need that is expressed by people who want to buy local, raise local cows, and eat locally
raised food. Some of the arguments made tonight border on the ridiculous. Send it back to
committee to make sure the sky doesn't fall on Whatcom County if there is a slaughtering
facility in agricultural land.
Knutzen stated he accepts the item back in the Planning and Development
Committee with the understanding that this not become another windmill ordinance.
Kershner asked the actual concerns that they should work on.
Brenner stated address concerns about how they can make it a better ordinance. A
lot of information was given. She won't support anything that includes rendering. The
findings must be consistent.
Crawford stated the Council could adopt the ordinance and address unintended
consequences in the future if necessary. NPR did a story this summer called "Small Scale
Slaughterhouses That To Put The Local' Back In Local Meat." He would like to know why
they changed from the number of employees to size. The example from the NPR article are
in the range of 5,000 square feet. Confinement feeding operations such as those in Kansas
or Wyoming are not what they envision for Whatcom County. Remedy that concern by also
limiting the amount of time the animals to be slaughtered can remain on the property. That
would address the concern that this may become a confinement feeding operation, which is
also about fattening the cows. If the code they develop limits the amount of time a live cow
can be on the site, it will allay concerns that this would become an adjunct to something on
a bigger scale. He's happy with the ordinance as it is, and is ready to vote on it.
Refinements may make it more palatable.
The motion to refer to committee carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 12/4/2012, 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
OPEN SESSION
(8:31:58 PM)
The following people spoke:
• James Riley Sweeney spoke about the proposed jail.
• Dave Forbes, Whatcom Fire District 7, spoke about emergency medical
services (EMS) in Whatcom County.
• Brent Fox spoke about a proposed jail site.
• Jim Fox spoke about a proposed jail site.
• Terry Leenstra spoke about a proposed jail site.
• Robert French submitted and read from a handout (on file) about a proposed
jail site.
• Greg Brown spoke about the jail site proposal.
• Paul Harris spoke about the jail proposal.
• Lisa McShane submitted a handout (on file) and spoke about the jail proposal.
• David Stalheim submitted a handout (on file) and spoke about the
environmental impact statement (EIS) scoping process for Gateway Pacific.
• Ray Baribou, Jail Planning Task Force, spoke about a jail design.
• Matt Paskus spoke about airport concerns.
• Karen Brown spoke about Parks and Recreation Commission proceedings and
the reconveyance.
• Chet Dow spoke about the Council's role in the Gateway Pacific project.
CONSENT AGENDA
(9:06:58 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through 28 and 29 through 42. Remove item 29 at
the request of a member of the public. There is a substitute page for Consent Agenda item
25. Not all committee members voted unanimously on all the Consent Agenda items, but all
were recommended for approval by a majority of the committee.
Brenner withdrew Consent Agenda item 25.
The motion to approve Consent Agenda items one through 24, 26, 27, and 29
through 42 carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BURLINGTON
ENVIRONMENTAL LLC FOR THE OPERATION OF THE MODERATE -RISK WASTE
FACILITY (DISPOSAL OF TOXICS), IN THE AMOUNT OF $350,000 ANNUALLY
(TOTAL OF $1,050,000 FOR THE THREE YEAR CONTRACT) (AB2012 -380)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO
SUPPLEMENT NO. 4 FOR THE CONTRACT BETWEEN WHATCOM COUNTY AND
DAVID EVANS AND ASSOCIATES FOR DESIGN REVISIONS TO COMPLY WITH
PERMITTING CONDITIONS AND ADDRESS R/W CONCERNS FOR THE POTTER
Whatcom County Council, 12/4/2012, 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
ROAD SOUTH FORK BRIDGE #148 REPLACEMENT, IN THE AMOUNT OF
$49,238.68 (AB2012 -381)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT FOR SERVICES WITH REISNER DISTRIBUTOR, INC.
FOR THE PURPOSE OF PROVIDING CARD LOCK FUEL SERVICE FOR
WHATCOM COUNTY FLEET VEHICLES, INCLUDING LAW ENFORCEMENT
VEHICLES WHEN UNABLE TO REFUEL AT THE CENTRAL SHOP FUELING
STATION, IN THE AMOUNT OF APPROXIMATELY $800,000 (AB2012 -382)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT
AGREEMENT BETWEEN WHATCOM COUNTY AND THE WA STATE DEPT. OF
ECOLOGY FOR GRANT FUNDING TO REIMBURSE THE COUNTY FOR
STORMWATER IMPROVEMENTS IN THE WEST TRIBUTARY OF SILVER BEACH
CREEK, IN THE AMOUNT OF $208,640 (COUNTY HAS PROVIDED A MATCH OF
25% OR $69,546) (AB2012 -383)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY SHERIFF'S OFFICE AND USDA
FOREST SERVICE FOR THE PROVISION OF FUNDING FOR A DEPUTY TO
PATROL THE MT. BAKE R- SNOQUALMIE NATIONAL FOREST, IN THE AMOUNT
OF $64,500 (AB2012 -384)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AMENDMENT TO THE MEMORANDUM OF AGREEMENT BETWEEN WHATCOM
COUNTY AND WASHINGTON STATE UNIVERSITY FOR JOINTLY SHARING
COSTS FOR FACULTY POSITIONS IN WSU WHATCOM COUNTY EXTENSION,
IN THE AMOUNT OF $93,542 (AB2012 -385)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND DR. JUNG LEE FOR JAIL
DENTAL SERVICES, IN THE MAXIMUM ANNUAL AMOUNT OF $38,220
(AB2012 -386)
8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO APPROVE THE USE OF
WASHINGTON STATE CONTRACT FOR THE ANNUAL 2013 -14 SUPPLY OF
SNOW AND ICE CONTROL PRODUCTS FROM A CONTRACT LIST OF VARIOUS
SUPPLIERS, IN AN AMOUNT THAT MAY EXCEED $35,000 (AB2012 -387)
9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY PARKS &
RECREATION AND THE CITY OF LYNDEN FOR THE PROVISION OF FUNDING
TO STAFF AND OPERATE THE LYNDEN SENIOR CENTER IN 2013 AND 2014,
IN THE ANNUAL AMOUNT OF $59,250 (AB2012 -388)
10. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY PARKS &
RECREATION AND THE CITY OF BLAINE FOR THE PROVISION OF FUNDING
FOR STAFFING AND OPERATIONAL SUPPORT FOR THE BLAINE SENIOR
CENTER IN 2013 AND 2014, IN THE ANNUAL AMOUNT OF $59,450 (AB2012-
389)
Whatcom County Council, 12/4/2012, 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
11. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY PARKS AND RECREATION AND THE
JET OLDSTERS ASSOCIATION OF FERNDALE TO PROVIDE FUNDING FOR
STAFFING AND OPERATIONAL SUPPORT FOR THE FERNDALE SENIOR
CENTER, IN THE ANNUAL AMOUNT OF $58,750 (AB2012 -390)
12. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
PUBLIC USE SCHEDULING AGREEMENT BETWEEN WHATCOM COUNTY PARKS
AND RECREATION AND THE JET OLDSTERS ASSOCIATION OF FERNDALE FOR
FACILITY RESERVATIONS AND COLLECTIONS (AB2012 -391)
13. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY PARKS AND RECREATION AND THE
WHATCOM COUNCIL ON AGING TO PROVIDE FUNDING FOR STAFFING AND
OPERATIONAL SUPPORT FOR THE BELLINGHAM SENIOR ACTIVITY CENTER,
IN THE ANNUAL AMOUNT OF $58,750 (AB2012 -392)
14. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER IN TO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY PARKS AND
RECREATION AND THE CITY OF BELLINGHAM FOR THE USE OF THE
PLANTATION RANGE BY BELLINGHAM POLICE DEPARTMENT, IN THE
AMOUNT OF $25,974.50 (AB2012 -393)
15. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
ADMINISTRATIVE SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
FLEX -PLAN SERVICES, INC. AS THE COUNTY'S DIRECT REIMBURSEMENT
DENTAL PLAN ADMINISTRATOR, IN THE AMOUNT OF $3 PER PARTICIPANT
PER MONTH $31:8- ^,-r� ° °" (AB2012 -394)
16. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
ADMINISTRATIVE SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
FLEX -PLAN SERVICES, INC. AS THE COUNTY'S HEALTH SAVINGS ACCOUNT
ADMINISTRATOR, IN THE AMOUNT OF $5 PER EMPLOYEE PER MONTH
(AB2012 -395)
17. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND LYDIA PLACE
FOR CASE MANAGEMENT AND SUPPORT SERVICES TO INDIVIDUALS
RECEIVING SUBSIDIES THROUGH THE WHATCOM HOMELESS SERVICE
CENTER, IN THE AMOUNT OF $113,996 (AB2012 -396)
18. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND ACTION CLEANING SERVICES
FOR THE PURPOSE OF PROVIDING CUSTODIAL SERVICES FOR SIX COUNTY
SATELLITE BUILDINGS, IN THE AMOUNT OF $141,204.36 (AB2012 -397)
19. RESOLUTION TO APPOINT A DIRECTOR AND ALTERNATE DIRECTOR TO THE
WASHINGTON COUNTIES RISK POOL (WCRP) BOARD (AB2012 -398)
20. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SEA MAR COMMUNITY
HEALTH CENTERS FOR MENTAL HEALTH TREATMENT SERVICES, IN THE
MAXIMUM AMOUNT OF $90,000 (AB2012 -399)
Whatcom County Council, 12/4/2012, 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
21. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM COUNSELING AND
PSYCHIATRIC CLINIC FOR MENTAL HEALTH TREATMENT SERVICES, IN THE
MAXIMUM AMOUNT OF $125,000 (AB2012 -400)
22. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND CANTRELL COUNSELING &
ASSOCIATES, INC. FOR MENTAL HEALTH TREATMENT SERVICES, IN THE
MAXIMUM AMOUNT OF $20,000 (AB2012 -401)
23. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE WHATCOM HUMANE
SOCIETY FOR THE PROVISION OF ANIMAL CONTROL SERVICES, IN AN
AMOUNT OF $30,058.96 PER MONTH; TOTAL COMPENSATION SHALL NOT
EXCEED $721,415.04 FOR THIS TWO YEAR CONTRACT (AB2012 -402)
24. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM
HUMANE SOCIETY FOR THE PURPOSE OF PROVIDING ANIMAL CONTROL
AND SHELTER SERVICES AT THE COUNTY -OWNED FACILITY KNOWN AS
1661 BAKER CREEK PLACE (AB2012 -403)
25. RESOLUTION IN THE MATTER OF ADOPTING A SALARY SCHEDULE AND
POLICIES FOR UNREPRESENTED WHATCOM COUNTY EMPLOYEES EFFECTIVE
JANUARY 1, 2013 (AB2012 -404) (9:11:29 PM)
Brenner stated she is concerned about the changes being made to the employee
medical insurance. It was hastily done. Many people won't know what they're opting into.
They should take more time. There should be other options.
Kershner stated she agrees that this came forward quickly, but that happens
sometimes. The Council can bring this back up later, when things settle down. A lot of
employees are working diligently right now to make a decision about healthcare.
Brenner stated she doesn't believe any change would take effect until next year.
Staff at the lower end of the pay range will be hit hard.
Knutzen stated he is also concerned about the people at the bottom of the pay scale
who will be hit the hardest. The Council hoped to do something about that.
Jack Louws, County Executive, stated the Human Resources Division has been
working diligently on healthcare issues, as every agency has. It's a difficult problem, with
increased costs and tight timelines for decision - making. There has been a good discussion
about this. He thanks Councilmember Brenner for bringing forward the issues. Based on
her recommendations, the administration has offered a third option to employees, to give
those who didn't want to make a payroll contribution an opportunity to enter into a plan
with a higher deductible. The administration manages three separate plans right now. It
takes a lot of administrative work. This is something they can build on, and give everyone
better options next year. He understands the concern and frustration, but the decision
needs to be made. They need to move forward an unrepresented resolution. He
encourages the Council to approve the resolution.
Whatcom County Council, 12/4/2012, 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
Kremen asked if they were told by the Human Resources Manager that the program
could be amended at any time, and they don't have to wait a full year. Louws stated the
question was whether the unrepresented resolution amended during the year, and it can.
He doesn't know whether or not they are able to make plan changes mid -year. They do
have the ability to change contribution levels mid -year. If negotiations require changes to
the contribution levels, they can make those changes.
Brenner stated she appreciates the Executive's comments, but she received
information that said this is only for 2013. She finds it hard to believe that the
administration will let any employee change their plan mid -year. The Council would make
changes, but for the next year. For years she's said this plan is not sustainable, and they
need to look at options. They've known for years this was coming. It would have been
fairer to employees to let them know what is going on and to provide better options. She
can't in good faith support the resolution.
Mann moved to approve the resolution.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Weimer, Knutzen, Mann and Kershner (6)
Nays: Brenner (1)
26. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE BELLINGHAM FOOD
BANK TO PROVIDE FUNDING TO SUPPORT THE COLLECTION,
WAREHOUSING AND DISTRIBUTION OF FOOD TO NEIGHBORHOOD FOOD
BANKS THROUGHOUT WHATCOM COUNTY, AS WELL AS SUPPORT THE FOOD
BANK'S GLEANING PROJECT, IN THE AMOUNT OF $58,000 (AB2012 -405)
27. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE WHATCOM VOLUNTEER
CENTER TO PROVIDE VOLUNTEER SERVICES TO MULTIPLE COUNTY OFFICES
AND SERVICE LOCATIONS, IN THE AMOUNT OF $30,000 (AB2012 -406)
28. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST REGIONAL
COUNCIL TO SUPPORT THE BOUNDARY REVIEW BOARD, IN THE AMOUNT OF
$18,000 (AB2012 -407)
29. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM FARM FRIENDS TO
SUPPORT A BAITING AND TRAPPING PROGRAM TO CONTROL THE STARLING
POPULATION IN WHATCOM COUNTY, IN THE AMOUNT OF $15,000 (AB2012-
408) (9 :19:33 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request. The community member who requested that this be withdrawn
from the Consent Agenda is not here now.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 12/4/2012, 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
30. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND DOMESTIC VIOLENCE &
SEXUAL ASSAULT SERVICES TO SUPPORT THE WHATCOM COUNTY
COMMISSION AGAINST DOMESTIC VIOLENCE, IN THE AMOUNT OF $35,000
(AB2012 -409)
31. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SUSTAINABLE CONNECTIONS
FOR ADVERTISING AND TOURISM PROMOTION OF AGRITOURISM IN
WHATCOM COUNTY, IN THE AMOUNT OF $20,000 (AB2012 -410)
32. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM EVENTS TO
PROVIDE FUNDING FOR ADVERTISING AND TOURISM PROMOTION OF THE
ANNUAL SKI TO SEA RACE IN WHATCOM COUNTY, IN THE AMOUNT OF
$30,000 (AB2012 -411)
33. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE HERITAGE FLIGHT
MUSEUM TO PROVIDE FUNDING FOR ADVERTISING AND TOURISM
PROMOTION OF THE MUSEUM, IN THE AMOUNT OF $15,000 (AB2012 -412)
34. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY
NEGOTIATION TO THE CITY OF NOOKSACK — REQ. #2012 -01 (AB2012 -413)
35. RESOLUTION ACCEPTING THE ADDITION OF A WHATCOM COUNTY CAPITAL
PROJECT INTO THE 2010 COMPREHENSIVE ECONOMIC DEVELOPMENT
STRATEGY (CEDS) (AB2012 -414)
36. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND WHATCOM
GUARDIAN AD LITEM, LLC TO PROVIDE PROFESSIONAL GUARDIAN AD
LITEM SERVICES FOR YOUTH SUBJECT TO DEPENDENCIES IN WHATCOM
COUNTY SUPERIOR COURT, IN THE AMOUNT OF $40 PER HOUR, NOT TO
EXCEED 8,000 HOURS IN THE 2013 CALENDAR YEAR (AB2012 -415)
37. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND PACIFIC
NORTHWEST GUARDIAN AD LITEM TO PROVIDE PROFESSIONAL GUARDIAN
AD LITEM SERVICES FOR YOUTH SUBJECT TO DEPENDENCIES IN WHATCOM
COUNTY SUPERIOR COURT, IN THE AMOUNT OF $40 PER HOUR, NOT TO
EXCEED 2,000 HOURS IN THE 2013 CALENDAR YEAR (AB2012 -416)
38. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL LOAN AGREEMENT BETWEEN WHATCOM COUNTY AND THE
NOOKSACK VALLEY SCHOOL DISTRICT FOR EDI FUNDING IN THE AMOUNT
OF $600,000 FOR A BRIDGE LOAN FOR USE TOWARDS A WASTEWATER
TREATMENT PROJECT (AB2012 -417)
39. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND BAYSIDE
PATHOLOGY, INC. FOR MEDICAL EXAMINER SERVICES, IN THE AMOUNT OF
Whatcom County Council, 12/4/2012, 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
52
$11,649.02, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF
$399,949.56 (AB2012 -418)
40. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
LEASE EXTENSION FOR MORGUE AND MEDICAL EXAMINER FACILITY SPACE
FOR A PERIOD OF ONE YEAR, THROUGH SEPTEMBER 30, 2014 (AB2012 -419)
41. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
LEASE EXTENSION FOR HEALTH DEPARTMENT SPACE AT STATE STREET FOR
A PERIOD OF ONE YEAR, THROUGH SEPTEMBER 30, 2014 (AB2012 -420)
42. REQUEST APPROVAL OF A CONTRACT WITH VAN NESS FELDMAN
GORDONDERR, ATTORNEYS AT LAW, TO ASSIST IN REPRESENTING
WHATCOM COUNTY IN GROWTH MANAGEMENT HEARINGS BOARD CASE NO.
11- 2 -OOIOC AND CASE NO. 12 -2 -0013 (AB2012 -422)
43. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN WHATCOM COUNTY AND
THE SKAGIT COUNTY SHERIFF FOR USE OF THE PLANTATION RIFLE RANGE
DURING THE PERIOD JANUARY 1 — DECEMBER 31, 2013 (AB2012 -425)
OTHER ITEMS
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITIES OF
BELLINGHAM, BLAINE, EVERSON, FERNDALE, LYNDEN, NOOKSACK AND
SUMAS CONCERNING COST SHARING FOR THE COMPREHENSIVE PLAN
UPDATE AND URBAN GROWTH AREA REVIEW, IN THE AMOUNT OF $140,000
(AB2012 -353) (9:20:25 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Brenner stated it is better than it was. The problem is also about paying someone to
do projections, when they can just do 10 percent either way of the Office of Financial
Management (OFM) projection. It bothers her more that they are not using the
coordinating council, on which the Executive served as the chair. It was a good process
where everyone could go, make comments, and hear from other jurisdictions. Use the
coordinating council instead of this process.
The motion carried by the following vote:
Ayes: Crawford, Weimer, Knutzen, Mann and Kershner (5)
Nays: Brenner and Kremen (2)
2. ORDINANCE AMENDING THE 2012 WHATCOM COUNTY BUDGET,
FOURTEENTH REQUEST, IN THE AMOUNT OF $665,728 (AB2012 -369)
(9 :22:37 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
Whatcom County Council, 12/4/2012, 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
52
53
Kershner stated they wouldn't automatically spend $50,000 for legal counsel. The
money is just budgeted for legal counsel if necessary. They are just lining up the resources
if they're needed.
Brenner stated her support is because they keep getting sued, despite mediation.
When the County decided to go to Superior Court in the past, the County won. The issues
may be different, but the County is constantly being ordered to do what the mediators say.
The Council was elected by the public. The Council is diverse, with many perspectives.
They should do their jobs.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
3. ORDINANCE SUPPORTING 2012 PROJECT BUDGET REQUEST #3, FUNDING
FOR THE EAST WHATCOM REGIONAL RESOURCE CENTER, IN THE AMOUNT
OF $80,000 (AB2012 -374) (9:25:12 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
Brenner stated they're not happy about it, but they're doing it.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN THE WHATCOM COUNTY FLOOD CONTROL ZONE
DISTRICT AND TETRA TECH, INC. FOR ASSISTANCE IN DEVELOPING THE
BIRCH BAY CENTRAL UPLANDS SUBWATERSHED MASTER PLAN FUNDED
THROUGH THE BBWARM DISTRICT BUDGET, IN THE AMOUNT OF $138,431
(AB2012 -378) (9:26:04 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN THE WHATCOM COUNTY FLOOD CONTROL ZONE
DISTRICT AND PACIFIC SURVEYING FOR ALTERNATIVES ANALYSIS OF
ROAD AND BRIDGE ALIGNMENTS TO ACCOMMODATE A DEFLECTION BERM
ALONG JONES CREEK, IN THE AMOUNT OF $154,653.49 (AB2012 -379)
(9 :27 :00 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Whatcom County Council, 12/4/2012, 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
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request. Two members of the subzone advisory board indicated they
weren't consulted and do not support approval at this time. Staff said it wouldn't be difficult
to delay this item. If the subzone doesn't want to spend $150,000 in their subzone, the
County should respect that. He won't support the motion.
Kershner asked if the $150,000 was subzone money.
Mann stated it is flood fund money.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Weimer and Kershner (4)
Nays: Brenner, Mann and Knutzen (3)
6. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP IN
THE SMITH ROAD /GUIDE MERIDIAN AREA FROM R5A TO R10A AND
APPROVING AN AMENDED DEVELOPMENT AGREEMENT (AB2012 -370)
(9:29:17 PM)
Knutzen reported for the Planning and Development Committee and moved to
adopt the ordinance.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
7. REQUEST APPOINTMENT OF TWO MEMBERS OF THE COUNTY COUNCIL TO
SERVE ON THE AD HOC TITLE 20 REVIEW ADVISORY COMMITTEE (AB2012-
423) (9:30 :02 PM)
Knutzen reported for the Planning and Development Committee and moved to
appoint Councilmembers Crawford and Kershner.
Mann.
Crawford stated he thought the appointees would be Councilmembers Knutzen and
Knutzen stated they made changes.
Kershner stated it sounds like Councilmembers Mann and Crawford can both
participate if the meetings are held on a Monday or Tuesday morning.
Kershner stated she can serve as an alternate member, due to her schedule.
Jack Louws, County Executive, stated they will work around councilmember
schedules.
Knutzen amended his motion and moved to appoint Councilmembers Mann and
Crawford and to appoint Councilmember Kershner as the alternate member.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 12/4/2012, 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
53
INTRODUCTION ITEMS
(9:33:38 PM)
Brenner moved to accept the Introduction Items.
Crawford stated he proposes in Introduction Item 1 to add the potential for
clustering as long as it doesn't increase impervious surface, create a lot less than
one acre, and it doesn't increase the density.
Kershner stated the Council will introduce two ordinances, and then pick one.
Crawford stated they should introduce the old version, because the
moratorium expires in the meantime.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Crawford asked if they can hold the hearings on the two version concurrently.
Dana Brown- Davis, Clerk of the Council, stated they could, but she prefers to hold
separate hearings.
1. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF
NEW APPLICATIONS FOR DIVISIONS OF LAND RESULTING IN LOTS
SMALLER THAN FIVE ACRES WITHIN THE LAKE WHATCOM WATERSHED
(AB2012 -040B)
Note: Two versions of this ordinance were Introduced. The first version, here
(AB2012 -040B) contains the following provision:
"BE IT FURTHER ORDAINED that divisions and boundary line adjustments utilizing
clustering which result in lots less than five (5) acres with no overall lot density increase
shall be exempt from this division moratorium. This exemption shall apply to the R5A and
RR -5A zones only in areas without public water availability"
The second version (below, AB2012- 040C), is identical to the ordinance currently in
effect.
2. RESOLUTION TO SELL TAX -TITLE PROPERTY BY NEGOTIATION TO THE CITY
OF NOOKSACK — REQ. #TR2012 -01 (AB2012 -413A)
3. ORDINANCE AMENDING THE COMPREHENSIVE PLAN DESIGNATION IN THE
SMITH ROAD / GUIDE MERIDIAN AREA FROM RURAL TO RURAL COMMUNITY
AND AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RSA
TO RIM (AB2012 -424)
4. RESOLUTION VACATING A PORTION OF BRIDGEWATER STREET (SHIPYARD
ROAD) AND DEARBORN AVENUE (AB2012 -272A)
Whatcom County Council, 12/4/2012, 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
5. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF
NEW APPLICATIONS FOR DIVISIONS OF LAND RESULTING IN LOTS
SMALLER THAN FIVE ACRES WITHIN THE LAKE WHATCOM WATERSHED
(AB2012 -040C)
OTHER BUSINESS
(9:36:22 PM)
ORDINANCE AMENDING WHATCOM COUNTY CODE 16.20, WHATCOM
COUNTY SHELLFISH PROTECTION DISTRICT (AB2012 -371)
Kershner stated they must select one of the Birch Bay Shellfish Protection District
Advisory Committee members to a three -year term, so all the position will be staggered.
Mann moved to designate position 2, held by Keats Garman, to serve as a three -
year term.
Mann stated it looks like the term is already expired. He asked if he has been
reappointed for another four years.
Kershner stated they all start new terms in January. The position would begin a
three -year term in January, which would be his first term.
Brenner asked if any of the members are in their second term.
Kershner stated none are in their second term. This is a brand new ordinance, so
they are all starting in their first term. They're just deciding who will have three -year terms
and who will have four -year terms.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
INTRODUCTION ITEMS
Dana Brown -Davis stated that in the past, the Council has held two hearings on the
same issue, and citizens can speak at one hearing and apply their testimony to the record of
the second hearing, so they don't have to get up and speak twice.
Crawford asked if they can hold the vote until after both hearings. Brown -Davis
stated she will look into an answer to the question.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
(9:39:43 PM)
Crawford reported that he wishes all a Merry Christmas. Next year is a campaign
year for councilmembers, and will be an exciting year. He also reported on an update on
the Slater Road Bridge repair. Transportation infrastructure is how citizens interact with
Whatcom County Council, 12/4/2012, 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
government, more than anything else. Citizens have direct contact with a government -
controlled facility daily. When transportation structures have problems, it will have the
biggest impact. He's glad the administration has worked on this, and looks forward to the
bridge reopening.
Kremen reported that he attended a resource fair at the East Whatcom Regional
Resource Center. The event was well attended, and the facility is being well used and
valued in the Kendall community. He extended his Christmas and New Years greeting to all.
Brenner reported that she wishes peace and goodwill to all.
Kershner reported on flood preparedness. Everyone should make sure they have
emergency supplies to help themselves and possibly help a neighbor. She also hopes the
federal government makes sure they don't fall off the financial cliff.
Mann reported on the presentation today regarding the veterans assistance program.
The presentation was excellent in style and substance. He encourages all the departments
to look at that presentation. The program has a track records of success. He's thankful for
everything they have. They work with a great group of people. He looks forward to next
year.
Knutzen reported that he thanks the Council staff. He wishes everyone a Merry
Christmas and Happy New Year. He thanks the Information Technology staff, the Finance
Division staff, and the current and former Executives for contributing to the Computers for
Kids Program in our community.
Weimer reported that at the Lake Whatcom Policy Group meeting, they heard plans
for invasive species control, which has moved forward to the planning stage. They're
looking at having six or eight new people to do inspections daily at different areas around
the lake. The County's portion of that expense will be about $20,000 or $30,000.
ADJOURN
The meeting adjourned at 9:47 p.m.
The Council approved these minutes on January 15, 2013.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council &o.w hatcom .wa.us
Whatcom County Council, 12/4/2012, Page 19