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WHATCOM COUNTY COUNCIL
Regular County Council
July 10, 2012
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
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen and Pete
Kremen.
Absent: Kathy Kershner and Carl Weimer.
FLAG SALUTE
ANNOUNCEMENTS
(7:02:33 PM)
Knutzen announced there was a staff update on instream flow negotiations and
related legal matters (AB2012 -018) and discussion regarding a possible purchase
of property for park purposes (AB2012 -018) in executive session during the
Committee of the Whole meeting.
OPEN SESSION
(7 :02:57 PM)
The following people spoke:
• Bob Burr spoke about leaving federal and state offices out of the voters
pamphlet.
• Linda Bradley spoke about the Lake Whatcom watershed overlay district and
the restriction of development on lots less than five acres.
• Shane Roth spoke about the mic check event in February.
• Yoshi Revelle spoke to thank the Council, Executive, and audience members
for their service to the public.
• (Clerk's Note: The speaker following Yoshi Revelle requested that his /her
testimony not be included in the minutes. The speaker's testimony is available
on the meeting's audio recording.)
• Carl Uppiano submitted information (on file) and spoke about the
reconveyance of Department of Natural Resources (DNR) lands in the Lake
Whatcom watershed.
• Ellen Baker spoke about the purchase of land for a park.
Whatcom County Council, 7/10/2012, Page 1
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CONSENT AGENDA
(7:20:08 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through 13.
Brenner withdrew item 11.
The motion to approve Consent Agenda items one through ten, 12, and 13 carried by
the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, and Mann (5)
Nays: None (0)
Absent: Carl Weimer and Kathy Kershner (2)
1. MEMORANDUM FROM THE COUNTY EXECUTIVE REQUESTING APPROVAL TO
DEMOLISH A PARKING SHED AT THE NORTHWEST ANNEX, PURSUANT TO
WHATCOM COUNTY CODE 1.10.395 (AB2012 -230)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND GEOTEST SERVICES, INC. TO
PROVIDE MATERIAL TESTING, INSPECTION AND GEOTECHNICAL DESIGN
SERVICES ASSOCIATED WITH THE PUBLIC WORKS DEPARTMENT'S ANNUAL
CONSTRUCTION PROGRAMS, IN THE AMOUNT OF $95,000 (AB2012 -231)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE
OPPORTUNITY COUNCIL FOR TRANSITIONAL HOUSING, CASE MANAGEMENT
SUPPORT FOR A CONTINUUM OF HOUSING SERVICES, HYGIENE PRODUCT
DISTRIBUTION, AND LIMITED TRANSPORTATION ASSISTANCE FOR DSHS
MEDICAL CARE RECIPIENTS, IN THE AMOUNT OF $33,773, FOR A TOTAL
AMENDED CONTRACT IN THE AMOUNT OF $280,549 (AB2012 -232)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN WHATCOM COUNTY AND
SKAGIT COUNTY FOR REIMBURSEMENT TO SKAGIT COUNTY FOR ADULT
DEVELOPMENTAL DISABILITY SERVICES PROVIDED TO ELIGIBLE WHATCOM
COUNTY RESIDENTS BY SKAGIT COUNTY PROVIDERS, AND REVENUE FOR
WHATCOM COUNTY WHEN WHATCOM COUNTY PROVIDERS SERVE ELIGIBLE
SKAGIT COUNTY RESIDENTS WITH DEVELOPMENTAL DISABILITIES, IN THE
AMOUNT OF $26,000 (AB2012 -233)
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AGRICULTURAL LICENSE AGREEMENT BETWEEN WHATCOM COUNTY AND
]IM SNYDAR TO ACCESS AND HARVEST THE HAY CROP ON APPROXIMATELY
105 ACRES OF PARK AND AGRICULTURAL LAND AT HOVANDER HOMESTEAD
PARK /TENNANT LAKE, IN THE AMOUNT OF $3,255 (AB2012 -234)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONSULTANT AGREEMENT BETWEEN WHATCOM COUNTY AND GRAY &
OSBORNE, INC. FOR GOOSEBERRY POINT PEDESTRIAN IMPROVEMENTS -
ALTERNATIVES ANALYSIS, IN THE AMOUNT OF $44,698 (AB2012 -235)
Whatcom County Council, 7/10/2012, Page 2
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7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE STATE OF
WASHINGTON DEPARTMENT OF COMMERCE TO SUPPORT POSITIONS IN THE
DRUG TASK FORCE, CRIME ANALYSIS, AND VEHICLE LEASES, IN THE
AMOUNT OF $207,200 (AB2012 -236)
8. RESOLUTION AMENDING CRP NO. 998001 AND APPROVAL FOR THE COUNTY
EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND
LOW BIDDER, TIGER CONSTRUCTION, LTD. FOR YEW STREET ROAD PHASE
II — PEDESTRIAN ACTUATED CROSSWALK SIGNAL, IN THE AMOUNT OF
$111,859.41 (AB2012 -237)
9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE THE
PURCHASE OF TWO LONG ARM ROTARY BOOM MOWERS USING THE
WASHINGTON STATE CONTRACT THROUGH VENDOR WASHINGTON
TRACTOR, IN THE AMOUNT OF $148,240.52 (AB2012 -238)
10. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE THE
PURCHASE OF FIVE RADAR ACTUATED SPEED SIGNS FROM THE SOLE
SOURCE VENDOR, INFORMATION DISPLAY COMPANY, IN THE AMOUNT OF
$41,955 (AB2012 -239)
11. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AWARD BID
#12 -54 TO THE LOW BIDDER, PLAYCREATION, FOR PLAYGROUND
EQUIPMENT FOR HOVANDER PARK, IN THE AMOUNT OF $74,789.44
(AB2012 -240)
Mann moved to approve the request.
Brenner stated she is against the request because of the $75,000 cost and the
simulated material of the equipment. There are other ways to give just as much exercise
for a lot less money.
Crawford stated the material is a recycled product. Wood rots and creates splinters.
It's not appropriate.
Brenner stated wood is predominant in the Pacific Northwest. The design is a tree
house. Use wood that will last a long time. They don't need something that fancy or
expensive.
Knutzen stated his wife and kids reported that the Hovander equipment looked tired
and needed replacement. He will accept Mr. McFarland's recommendation. He would like to
know the life of the equipment, compared to a wood product.
Mike McFarland, Parks and Recreation Department Director, stated this apparatus
will last more than 20 years. There are cheaper manufactures that have lighter equipment.
However, this is a commercial setting for thousands of kids who use the playground
equipment. All factors are taken into consideration when selecting something. There are
other landscape features that will work into the design, so the whole playground works. The
cost includes labor. Not many manufacturers use wood anymore. They use composites
because of the high maintenance costs. The County has a couple of those systems, but
they are slowly being removed, because they can't be replaced.
Whatcom County Council, 7/10/2012, Page 3
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Brenner stated put in equipment that would have been satisfactory and less
expensive.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Knutzen, and Mann (4)
Nays: Brenner (1)
Absent: Carl Weimer and Kathy Kershner (2)
12. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AWARD BID
#12 -44 TO THE LOW BIDDER, ANDGAR CORPORATION, FOR THE
REPLACEMENT OF TWO WATER HEATERS, IN THE AMOUNT OF $36,294.93
(AB2012 -241)
13. RESOLUTION ORDERING THE CANCELLATION OF CHECKS MORE THAN TWO
YEARS OLD FROM THE WHATCOM COUNTY JAIL INMATE TRUST FUND
(AB2012 -242)
OTHER ITEMS
1. RESOLUTION ADOPTING THE LAKE SAMISH BASIN COMPREHENSIVE
STORMWATER PLAN (AB2012 -227) (7 :26 :54 PM)
(Clerk's Note: This item is rescheduled to a public hearing on July 24, 2012.)
2. ECONOMIC DEVELOPMENT INVESTMENT PROGRAM — EDI BOARD
RECOMMENDATION TO MODIFY GUIDELINES TO ADD SINGLE AND MULTI-
FAMILY RENTAL HOME CONSTRUCTIONS AS AN ALLOWABLE USE (AB2012-
228) (7 :27 :14 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to postpone consideration to July 24, 2012.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, and Mann (5)
Nays: None (0)
Absent: Carl Weimer and Kathy Kershner (2)
3. PROPOSED AMENDMENT FOR RESOLUTION NO. 2008 -077 (2009 — 2010
UNREPRESENTED RESOLUTION) TO BE EFFECTIVE JULY 22, 2012 (AB2012-
229) (7 :28 :52 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the resolution with the substitute matrix submitted earlier, which corrects a
small mathematical error.
Brenner stated the employees used to get a flat amount per month, but were not
getting mileage separate. This isn't all that different. She doesn't approve of the flat
payment that is in addition to the mileage. She doesn't want to hurt anyone, but the
mileage will be paid and will be much more transparent. She likes being able to look at
people's logs to see where they went. That's what the money was supposed to be for.
Whatcom County Council, 7/10/2012, Page 4
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Jack Louws, County Executive, stated the history goes back many years. He asked
the effected personnel to keep track of their mileage for three months. It became clear that
the mileage at the federal rate wasn't anything near the supplemental pay compensation.
Whether the supplemental pay was right or wrong, these personnel had an expectation of
receiving it when they were hired. They were receiving $600 to $800 per month. He came
up with a reasonable hybrid solution to adequately compensate them for something they
expected, until the Council took it away last year. The County's 800 employees had their
wages frozen. These people took a decrease in pay in the amount of $6,0000 to $8,000.
This is a compromise solution for these employees. It's necessary to possibly retain these
employees, and treat them as fairly as the County treats everyone else.
Brenner stated the employees are great. She's always been opposed to this kind of
payment. She appreciates that the Executive is cutting it back. The employees are still
getting their same salary. The compensation was supposed to be supplemental to cover
their travel. They aren't going to agree about this. Louws stated this solution will give
those employees an average of 60 percent of what they had at the end of last year. They
will get $250 per month, plus their mileage costs. It's a compromise. It's the best he can
do to indicate that he values these employees and want to keep them.
Knutzen stated he begrudgingly supports the resolution. When the Council works on
the budget, he wants to go through some of the salaries with comparables. The Salary
Commission is supposed to do the same thing with the elected officials. A salary of
$138,000 plus the County's benefits package is a good wage, no matter what the employee
does. During the budget review, he will want to know the salaries of comparable positions
in other counties of similar size. With a salary like that, someone should feel lucky in the
current economic climate. Louws stated he will provide that comparable information with
other counties. The County pays very well. However, the County also committed to a base
salary and a car allowance when they were hired.
Knutzen stated it was a different economic climate when these people were hired.
He understands that the premium pay was considered part of their wages. He is giving
notice to the administration that the Council needs to go through these salaries.
Brenner stated this compensation was supposed to be for vehicle expenses. The
employees have taken it as an increase in salary. By changing it to the mileage formula,
they will know exactly what's being spent. She appreciates the value of the employees.
This isn't about their value. This is about being transparent. A flat amount isn't transparent
when it's supposed to be for a vehicle, but doesn't have anything to do with a vehicle.
Crawford stated the compensation, according to Mr. Desler last year, was for
overtime, being on -call 24/7, and a multitude of other expenses. It was not just about the
vehicles.
Brenner stated there are other ways to calculate those costs. It's better, but she
can't approve it.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Knutzen, and Mann (4)
Nays: Brenner (1)
Absent: Carl Weimer and Kathy Kershner (2)
Whatcom County Council, 7/10/2012, Page 5
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4. RESOLUTION APPROVING STANDARDS OF CONDUCT FOR COUNTY COUNCIL -
APPOINTED CITIZEN BOARDS, COMMITTEES, COMMISSIONS, AND TASK
FORCES (AB2012 -225) (7:39:49 PM)
(Clerk's Note: This item is withdrawn from the agenda.)
INTRODUCTION ITEMS
(7 :39 :59 PM)
Mann moved to accept Introduction Items one, two, three, and five. Item four was
withdrawn from the agenda.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, and Mann (5)
Nays: None (0)
Absent: Carl Weimer and Kathy Kershner (2)
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 12.48, ROADSIDE
VEGETATION MANAGEMENT PROGRAM (AB2012 -244)
2. ORDINANCE FINALIZING A REVISED SYSTEM OF ASSESSMENT FOR
CONSOLIDATED DRAINAGE IMPROVEMENT DISTRICT NO. 20 (AB2012 -245)
3. ORDINANCE AMENDING 2012 WHATCOM COUNTY BUDGET, TENTH
REQUEST, IN THE AMOUNT OF $40,000 (AB2012 -246)
4. RESOLUTION IN THE MATTER OF THE WHATCOM COUNTY SIX -YEAR
TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2013
THROUGH 2018 (AB2012 -243)
(Clerk's Note: This item was withdrawn from the agenda.)
S. 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 -040A)
OTHER BUSINESS
(7 :40 :42 PM)
Mann asked why State and federal offices for the primary were not listed in the
voters pamphlet.
Debbie Adelstein, County Auditor, stated the Auditor is required to publish a local
voters pamphlet, which is for the local offices based in Whatcom County. The State has not
chosen to publish its own voter pamphlet for the primary ballot. She reviewed the cost to
add all the additional items to the local pamphlet and the other options people have to get
information. She estimated an additional cost of $6,000 to include these State and federal
races. They will be in the final voters pamphlet for the general election. She understands
Whatcom County Council, 7/10/2012, Page 6
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Mr. Burr's concern that the voters have the opportunity to get that information. However,
it's the State's obligation to provide that information for the State races. It was not
envisioned for the local pamphlet.
Crawford asked if the information in the voters pamphlet is whatever the candidate
provides. It's not edited. Adelstein stated it's not edited or proofed at all. They have a
word limit. The County follows the same State guidelines.
Brenner stated the cost is a good expenditure. She'd like to discuss this in Finance
Committee. It's a good idea. People should know at the primary.
Kremen stated Mr. Burr's point is valid. The State and federal government
continually shift financial burdens to the local level. The County should not pick up the
financial burden that the State should pick up. Important issues are decided by the primary
election. If every county were to provide the State and federal information, then the State
and federal governments will just not provide the information. The concerns should be
addressed to the State legislative delegation.
Brenner stated she agrees it's not fair. However, the County is the most local form
of government, where people can actually talk to someone. The County has an obligation to
the voters. She would like to discuss it in committee. Adelstein stated they can include it in
the budget discussion.
Crawford referenced changes to the contract with CH2M Hill and asked for an update
about whether those changes were acceptable. The Executive is checking into it. He also
talked to the Executive about the formation of a Forest Advisory Board, which can work on
the 2016 Comprehensive Plan update.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
(7:48:10 PM)
Mann reported on the birth of his daughter, Phoebe Mann, on June 28.
ADJOURN
The meeting adjourned at 7:48 p.m.
The Council approved these minutes on August 7, 2012.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council &o.whatcom.wa.us
Whatcom County Council, 7/10/2012, Page 7