HomeMy WebLinkAboutCouncil June 19 20121
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WHATCOM COUNTY COUNCIL
Regular County Council
June 19, 2012
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Ken Mann, Sam Crawford, Kathy Kershner, Carl Weimer
and Pete Kremen.
Absent: Bill Knutzen.
FLAG SALUTE
ANNOUNCEMENTS
Kershner announced there was discussion of the Draft Public Participation Plan
(AB2012 -222) and the ordinance amending Whatcom County Code Title 20, the official
Whatcom County Zoning Map, and the Whatcom County Comprehensive Plan and Maps, to
implement changes relating to rural land use planning (AB2012 -193) during Committee of
the Whole meeting.
MINUTES CONSENT
1. REGULAR COUNTY COUNCIL FOR MAY 22, 2012
Brenner moved to withdraw the minutes.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Kershner, Weimer and Kremen (6)
Nays: None (0)
Absent: Knutzen (1)
PUBLIC HEARINGS
1. ORDINANCE REGARDING CHANGING SPEED SIGNING FROM "WHEN
CHILDREN ARE PRESENT" TO "WHEN FLASHING" AT TWO LOCATIONS
(AB2012 -194)
Kershner opened the public hearing and, hearing no one, closed the public hearing.
Kremen moved to adopt the ordinance.
The motion carried by the following vote:
Whatcom County Council, 6/19/2012, Page 1
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Ayes: Brenner, Mann, Crawford, Kershner, Weimer and Kremen (6)
Nays: None (0)
Absent: Knutzen (1)
2. ORDINANCE REGARDING REDUCTION OF THE SPEED LIMIT ON PORTIONS
OF HAXTON WAY (AB2012 -195)
Joe Rutan, Public Works Department, gave a staff report.
Kershner opened the public hearing and, hearing no one, closed the public hearing.
Mann moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Kershner, Weimer and Kremen (6)
Nays: None (0)
Absent: Knutzen (1)
3. ORDINANCE REGARDING CHANGING THE SPEED LIMIT ON A PORTION OF
BIRCH BAY LYNDEN ROAD AND PORTAL WAY (AB2012 -196)
Joe Rutan, Public Works Department, gave a staff report.
Kershner opened the public hearing and, hearing no one, closed the public hearing.
Crawford moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Kershner, Weimer and Kremen (6)
Nays: None (0)
Absent: Knutzen (1)
OPEN SESSION
The following people spoke:
• (Clerk's Note: The speaker requested that his /her testimony not be included
in the minutes. The speaker's testimony is available on the meeting's audio
recording.)
• Henry Bierlink, Whatcom Farm Friends, spoke about the Planning Commission
appointment.
• Marlin Hendricks spoke about the Planning Commission appointment.
• Ben Elenbaas spoke about the Planning Commission appointment.
• Shane Roth spoke about the Planning Commission appointment.
• Bruce Diele spoke about making a charitable donation to a Whatcom Transit
Authority (WTA) bus driver on behalf of African orphans.
• Craig Parkinson spoke about the Planning Commission appointment.
• Linda Twitchell spoke about the Planning Commission appointment.
CONSENT AGENDA
Whatcom County Council, 6/19/2012, Page 2
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Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through 13.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Kershner, Weimer and Kremen (6)
Nays: None (0)
Absent: Knutzen (1)
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AGRICULTURAL LICENSE AGREEMENT BETWEEN WHATCOM COUNTY AND
GREEN RIDGE FARM FOR HAY CROP ACCESS AND HARVEST, TERM
COMMENCING ON APRIL 1, 2012, AND TERMINATING ON OCTOBER 31, 2012
(AB2012 -209)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
RENEWAL OF A 20 YEAR LEASE BETWEEN WHATCOM COUNTY AND THE
BELLINGHAM GUN CLUB, IN THE AMOUNT OF $1 PER YEAR (AB2012 -210)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND APS HEALTHCARE BETHESDA,
INC. FOR EMPLOYEE ASSISTANCE PROGRAM SERVICES, IN THE AMOUNT OF
$2.59 PER EMPLOYEE PER MONTH (AB2012 -211)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND K- ENGINEERS FOR
ELECTRICAL ENGINEERING SERVICES FOR THE COMPUTER ROOM UPS AND
GENERATOR PROJECT, IN THE AMOUNT OF $22,500 (AB2012 -212)
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL
TO PROVIDE CHILD DEVELOPMENT SERVICES TO ELIGIBLE CHILDREN WITH
DEVELOPMENTAL DISABILITIES AND DELAYS, AGES BIRTH TO THREE YEARS
(AB2012 -213)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM CENTER FOR
EARLY LEARNING PROVIDE CHILD DEVELOPMENT SERVICES TO ELIGIBLE
CHILDREN WITH DEVELOPMENTAL DISABILITIES AND DELAYS, AGES BIRTH
TO THREE YEARS (AB2012 -214)
7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SUN COMMUNITY SERVICES
FOR EMERGENCY SHELTER SERVICES FOR PEOPLE WITH MENTAL ILLNESS,
IN THE AMOUNT OF $228,780 (AB2012 -215)
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER A
GRANT AGREEMENT AMENDMENT BETWEEN WHATCOM COUNTY AND
WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR THE TREATMENT AND
MONITORING OF FLOWERING RUSH IN SILVER LAKE IN THE AMOUNT OF
$25,000, FOR A TOTAL AMENDED AGREEMENT IN THE AMOUNT OF $80,000
(AB2012 -216)
Whatcom County Council, 6/19/2012, Page 3
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9. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND LEN HONCOOP GRAVEL, INC.,
TO IMPROVE THE SILVER BEACH CREEK -WEST TRIBUTARY, IN THE AMOUNT
OF $392,659.77 (AB2012 -217)
10. RESOLUTION AMENDING CRP NO. 908012 AND APPROVAL FOR THE COUNTY
EXECUTIVE TO AWARD A CONSTRUCTION CONTRACT TO THE LOW BIDDER,
COLACURCIO BROTHERS, INC. FOR THE BAY ROAD CULVERT REPLACEMENT,
IN THE AMOUNT OF $416,789 (AB2012 -218)
11. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BLUE WATER CONTRACTING,
LLC, TO INSTALL CEDARVILLE LANDFILL LEACHATE SYSTEM
IMPROVEMENTS, IN THE AMOUNT OF $167,337.02 (AB2012 -219)
12. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND FHB CONSULTING SERVICES,
INC. TO PROVIDE CONSULTANT SERVICES TO IMPLEMENT PHASE ONE OF
THE AG- WATERSHED PILOT PROJECT, IN THE AMOUNT OF $102,959
(AB2012 -220)
13. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE
OPPORTUNITY COUNCIL TO PROVIDE PROGRAMMATIC AND
ADMINISTRATIVE SERVICES RELATED TO THE OPERATION OF THE
WHATCOM COUNTY HOMELESS SERVICE CENTER, IN THE AMOUNT OF
$809,934, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF
$1,671,894 (AB2012 -221)
OTHER ITEMS
1. ORDINANCE AUTHORIZING AN INTERFUND LOAN TO CONTINUE FINANCING
OF THE CENTRAL PLAZA BUILDING (AB2012 -198)
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, Kershner, Weimer and Kremen (6)
Nays: None (0)
Absent: Knutzen (1)
2. ORDINANCE AUTHORIZING AN INTERFUND LOAN TO CONTINUE FINANCING
OF ASSESSOR TREASURER SYSTEM (AB2012 -199)
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, Kershner, Weimer and Kremen (6)
Nays: None (0)
Absent: Knutzen (1)
Whatcom County Council, 6/19/2012, Page 4
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3. ORDINANCE AMENDING THE 2012 WHATCOM COUNTY BUDGET, NINTH
REQUEST, IN THE AMOUNT OF $401,987 (AB2012 -200)
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, Kershner, Weimer and Kremen (6)
Nays: None (0)
Absent: Knutzen (1)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN THE WHATCOM COUNTY FLOOD
CONTROL ZONE DISTRICT AND WHATCOM COUNTY FOR REET II FUNDING
OF THE DEMING LEVEE IMPROVEMENT PROJECT, IN THE AMOUNT OF
$1,000,000 (AB2012 -206)
(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: Brenner, Mann, Crawford, Kershner, Weimer and Kremen (6)
Nays: None (0)
Absent: Knutzen (1)
S. MEMORANDUM REGARDING DIKING DISTRICT #2 COST -SHARE REQUEST
FOR PERMIT FEES (AB2012 -207)
(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 Executive's recommendation to deny the District's request.
Brenner stated the reason this Diking District had to pay for the repairs alone was
because no one from the County was available to respond during the emergency. The
District saved the County money. The Army Corps of Engineers did the work. The District
did what it had to do. The members of the District aren't extravagant people. It bothers
her the County is setting them up. She won't vote for the motion.
Crawford stated he is concerned first because the District went beyond what it had to
do. Second, there is a process. He doesn't recall all the steps of the process that happened
five years ago. The Public Works Department has always been very cooperative and
responsive. The written record of the Public Works Department supports that the County
responded appropriately, and the District unilaterally made a decision without County
approval. He won't support the motion.
Brenner stated the call came in about the flood on a Friday evening, and no one
answered the call. The District called her, and she called the Deputy Administrator. This
Whatcom County Council, 6/19/2012, Page 5
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was an emergency. The District is asking for only a few thousand dollars. The bigger
problem is that this makes the District the poor stepchild that the County will ignore.
Kershner stated the emergency in 2007 wasn't the same emergency that happened
in 2008, when the District continued to work with the Army Corps of Engineers. She is
concerned the County would be held liable for any mitigation that comes out of that
permitting process. This project wasn't on the County's priority funding list. The process
needed to be followed.
Brenner stated the Flood Control Zone District Advisory Committee recommended
this. They have brought numerous issues before the Public Works Committee several times,
and they didn't get funding. Sometimes they have to do what is necessary to stabilize the
situation. They can address this again if something is out of line, not just with the permit
fees.
Kremen stated the Flood Advisory Committee voted to not fund the project for the
reasons stated earlier. He's torn on the issue. The dollar amount isn't significant. The
most important issue is the process that needs to be followed. The County shouldn't reward
any entity that doesn't go through proper channels and process. That would open up other
entities to do the same. It's important for the Council to make sure processes and channels
are followed. Support the Executive's decision.
Brenner stated Council packet page 38 says the Advisory Committee recommended
approval of the cost share request.
The motion carried by the following vote:
Ayes: Mann, Crawford, Kershner, Weimer and Kremen (5)
Nays: Brenner (1)
Absent: Knutzen (1)
6. MEMORANDUM REQUESTING COUNCIL APPROVAL FOR THE EXECUTIVE TO
COMMIT FUNDS TO CATHOLIC HOUSING SERVICES FOR CONSTRUCTION OF
AN AFFORDABLE HOUSING COMPLEX FOR A MIXTURE OF HOMELESS AND
LOW- INCOME RESIDENTS, ALLOWING FOR SUBMITTAL OF A FORMAL
APPLICATION TO HOUSING TRUST FUND AND TO THE HOUSING FINANCE
COMMISSION (AB2012 -208)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Brenner stated she's never opposed anything from Catholic Community Services, but
she will oppose this. She's not convinced that setting a big development of this nature in
the center of very high -cost land. They have done a better job with interspersed housing
around the county. This will have a major impact on nearby businesses. The County has
other needs. She knows there is a deadline, but she doesn't like to approve big ticket items
that way.
Crawford stated he supports the motion. His main concern about the location and
what will happen in the future isn't shared by the City Council or Mayor. He will respect
their decision. The amount for annual maintenance has been removed. It's a good
proposal.
The motion carried by the following vote:
Whatcom County Council, 6/19/2012, Page 6
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Ayes: Mann, Crawford, Kershner, Weimer and Kremen (5)
Nays: Brenner (1)
Absent: Knutzen (1)
7. APPROVAL OF DRAFT PUBLIC PARTICIPATION PLAN (AB2012 -222)
Kershner reported for the Special Committee of the Whole.
Kremen moved to approve the plan.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Kershner, Weimer and Kremen (6)
Nays: None (0)
Absent: Knutzen (1)
8. NOMINATION AND APPOINTMENT TO FILL A VACANCY ON THE WHATCOM
COUNTY PLANNING COMMISSION, DISTRICT 2 — APPLICANT(S): CRAIG
PARKINSON, MARLIN HENDRICKS, BEN ELENBAAS, SHANE ROTH (AB2012-
202)
Mann moved to nominate all four applicants.
Weimer voted for Marlin Hendricks.
Mann voted for Ben Elenbaas.
Kershner voted for Elenbaas.
Brenner voted for Craig Parkinson.
Kremen voted for Parkinson.
Crawford voted for Elenbaas.
Kershner stated they would take a second vote between Elenbaas and Parkinson.
Crawford voted for Elenbaas.
Kremen voted for Parkinson.
Brenner voted for Parkinson.
Kershner voted for Elenbaas.
Mann voted for Elenbaas.
Weimer voted for Elenbaas.
Kershner stated the Council appoints Ben Elenbaas.
9. NOMINATION AND APPOINTMENT TO FILL VACANCIES ON SPECIAL DIKING
DISTRICTS AND SPECIAL DRAINAGE DISTRICTS - APPLICANT (S): DARYL
Whatcom County Council, 6/19/2012, Page 7
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BRENNICK FOR CONSOLIDATED DRAINAGE IMPROVEMENT DISTRICT #20,
POSITION 2 (AB2012 -123)
Brenner moved to nominate and appoint Daryl Brennick.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Kershner, Weimer and Kremen (6)
Nays: None (0)
Absent: Knutzen (1)
10. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S REAPPOINTMENT
OF RON ADAMS AND BILL BEZANSON TO THE NORTHWEST SENIOR
SERVICES BOARD (AB2012 -223)
Brenner moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Kershner, Weimer and Kremen (6)
Nays: None (0)
Absent: Knutzen (1)
INTRODUCTION ITEMS
Crawford moved to accept the substitute version of the Introduction Item.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Kershner, Weimer and Kremen (6)
Nays: None (0)
Absent: Knutzen (1)
1. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20, THE OFFICIAL
WHATCOM COUNTY ZONING MAP, AND THE WHATCOM COUNTY
COMPREHENSIVE PLAN AND MAPS, TO IMPLEMENT CHANGES RELATING TO
RURAL LAND USE PLANNING (AB2012 -193)
OTHER BUSINESS
DISCUSSION REGARDING A PROPOSED ORDINANCE AMENDING WHATCOM
COUNTY CODE 10.34, FERRY RATES (AB2012 -197)
Brenner reported for the Public Works, Health, and Safety Committee and moved
to forward the ordinance to the Lummi Island Ferry Advisory Committee for review.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Kershner, Weimer and Kremen (6)
Nays: None (0)
Absent: Knutzen (1)
Kershner stated there is a question of whether there will be a Surface Water Work
Session meeting next week. She'll work with staff.
Whatcom County Council, 6/19/2012, Page 8
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REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Kershner stated she will not be at the July 10 meeting.
Weimer stated he will also not be here at the July 10 meeting.
ADJOURN
The meeting adjourned at 7:59 p.m.
The Council approved these minutes on July 24, 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.w hatcom .wa.us
Whatcom County Council, 6/19/2012, Page 9