HomeMy WebLinkAboutCouncil March 13 20121
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WHATCOM COUNTY COUNCIL
Regular County Council
March 13, 2012
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 7:02 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy
Kershner, Carl Weimer and Pete Kremen.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS (7:04:22 PM)
Kershner announced there was a discussion regarding procedures to follow in the
event of meeting interruption (AB2012 -120) during the Special Committee of the Whole meeting.
MINUTES CONSENT (7:05:17 PM)
Kremen moved to approve the minutes.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. COMMITTEE OF THE WHOLE FOR FEBRUARY 14, 2012
2. REGULAR COUNTY COUNCIL FOR FEBRUARY 14, 2012
3. SPECIAL SURFACE WATER WORK SESSION FOR FEBRUARY 21, 2012
4. COMMITTEE OF THE WHOLE FOR FEBRUARY 28, 2012
OPEN SESSION (7:05:48 PM)
The following people spoke:
• Tee King, Occupy Bellingham, spoke about the Council meeting disruption on
February 28, 2012.
Brenner stated there is no democracy when people are not only disruptive, but are
scaring people at a public meeting with a public process where everyone can be heard, not
just the loudest. Without public process where everyone feels safe, there is no democracy.
Whatcom County Council, 3/13/2012, Page 1
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• Octavia Harris and Brittany Otter, Americorp Retention Project Members,
spoke about the Washington Campus Compact and Americorp at Western
Washington Univeristy.
• Charles Long spoke about the general discussion with County staff regarding
the Gateway Pacific Terminal Project (AB2012- 068A).
• Greg Brown submitted and read from a handout (on file) and spoke about the
Birch Bay watershed, Northwest Innovation, agreement for community energy
challenge, and replacement of high roof van.
• Shane Roth spoke about the Council meeting disruption on February 28,
2012.
• (Clerk's Note: The speaker following Shane Roth requested that his /her
testimony not be included in the minutes. The speaker's testimony is available
on the meeting's audio recording.)
• Larry Helm spoke about public notification of the Lake Whatcom watershed
planning process.
• David Stalheim submitted information (on file) and spoke about the
Ordinance Repealing Ordinance #2010 -067, One -Time Economic Hardship
Extension (AB2012 -103).
• Patrick Alesse spoke about the Council meeting disruption on February 28,
2012.
CONSENT AGENDA (7:32:49 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through seven.
Knutzen withdrew item five.
Brenner withdrew item two.
The motion to approve Consent Agenda items one, three, four, six, and seven carried
by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
RESIDENTIAL LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND DAN
HILSINGER FOR 677 NORTH LAKE SAMISH ROAD IN THE AMOUNT OF $895
PER MONTH (AB2012 -110)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND ZERVAS GROUP ARCHITECTS
TO PROVIDE REVIEW, ACCESS, CONDITION, AND METHODOLOGY FOR
REPAIR TO THE BUILDING ENVELOPE OF THE CIVIC CENTER ANNEX, IN THE
AMOUNT OF $109,400 (AB2012 -111)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda item two.
Whatcom County Council, 3/13/2012, Page 2
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Brenner stated they are throwing good money after bad. It's a bad building, and
they keep throwing money into it. It isn't ever going to make it a good building. She won't
support it.
Knutzen stated he agrees that it seems like a money pit. The County is investing
more and more money on consultants, time, and energy for a building that the County is
using. He doesn't know how to get out of that. He reluctantly will vote for it.
Brenner stated she is being consistent in that she's never voted for it.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Weimer, Knutzen, Mann and Kershner (6)
Nays: Brenner (1)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
SUB - RECIPIENT AGREEMENT BETWEEN WHATCOM COUNTY AND THE
OPPORTUNITY COUNCIL TO SUPPORT THE EFFORTS OF THE COMMUNITY
ENERGY CHALLENGE TO FACILITATE THE CREATION OF RESIDENTIAL
ENERGY EFFICIENCY PROJECTS, IN THE AMOUNT OF $198,085 (AB2012-
112)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #12 -05
TO THE SOLE BIDDER, WILSON MOTORS, FOR THE SUPPLY OF A
REPLACEMENT HIGH ROOF CREW VAN FOR USE BY THE PUBLIC WORKS
SURVEY CREW, IN THE AMOUNT OF $42,319.62 (AB2012 -113)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE THE
PURCHASE OF TWO REPLACEMENT TRACTORS USING THE WASHINGTON
STATE CONTRACT THROUGH VENDOR WASHINGTON TRACTOR, IN THE
AMOUNT OF $150,694.38 (AB2012 -114)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda item five.
Knutzen stated he thanks the Public Works Department staff for trying to steer
business locally. Last summer, the County invested $1.5 million in the vegetation
management program for mowing the County roads. They would be better - served by
contracting this service out to the private sector.
Brenner stated she didn't find anything wrong with the tractors the County has now.
Replacement shouldn't have to due with age. She supports the idea of contracting the
service. Keep the existing tractors as backup. According to a private service provider, a
contract with the County can be prioritized during emergencies. She won't support this
request.
Kershner stated that according to County Engineer Joe Rutan, the County contracted
out this service some time ago, and it didn't work out well. This work also provides the
department an opportunity to inspect roads and determine where repairs are needed.
Mann stated it's also an opportunity for the staff to identify plugged culverts. The
mowing isn't a full time job, so that personnel serves other functions.
Whatcom County Council, 3/13/2012, Page 3
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Knutzen stated the staff mow the roads all year long. They also drive the snow
plows.
Kershner stated she's in favor of contracting with the private sector whenever it
makes sense and it's more economical. Mr. Rutan told them that contracting this work
might not be the most economical way to pay for the service.
Brenner stated companies won't invest in special equipment without a priority
contract. They won't be able to bid on a project without having a priority contract, which is
one of the problems.
Mann asked what constitutes a lawn mowing emergency.
Brenner stated the emergency has to do with things such as plugged culverts.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Weimer, Mann and Kershner (5)
Nays: Brenner and Knutzen (2)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #12 -11
TO THE LOW BIDDERS, MCASPHALT INDUSTRIES AND PARAMOUNT
PETROLEUM FOR DELIVERY AND SUPPLY OF ASPHALTIC EMULSIONS, IN AN
ESTIMATED AMOUNT OF $840,000 (AB2012 -115)
7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
SECOND THREE -YEAR MICROSOFT ENTERPRISE AGREEMENT TO PAY
ANNUAL MAINTENANCE ON SOFTWARE USING DISCOUNTED PRICING
THROUGH THE WASHINGTON STATE DEPARTMENT OF ENTERPRISE
SERVICES CONTRACT (AB2012 -122)
OTHER ITEMS
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND ANCHOR QEA, LLC TO
PROVIDE CONSULTING SERVICES TO COMPLETE PHASE 2 OF A RIPARIAN
CONDITION AND FUNCTION ASSESSMENT OF COASTAL DRAINAGE STREAMS
AND MARINE SHORELINES, IN THE AMOUNT OF $30,000 (AB2012 -096)
(7:41:55 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)
2. ORDINANCE IN THE MATTER OF GRANTING A NON - EXCLUSIVE FRANCHISE
TO THE GEORGIA MANOR WATER ASSOCIATION, INC., FOR A PERIOD OF 25
YEARS PURSUANT TO STATE LAW AND SECTION 9 OF THE WHATCOM
Whatcom County Council, 3/13/2012, Page 4
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COUNTY HOME RULE CHARTER, TO OPERATE AND MAINTAIN WATER LINES
AND FACILITIES ALONG CERTAIN ROADS AND HIGHWAYS WITHIN THE
UNINCORPORATED AREAS OF WHATCOM COUNTY (AB2011 -181) (7:42 :55
PM)
Brenner reported for the Public Works, Health, and Safety Committee and moved
to adopt the ordinance.
Mann stated he is philosophically conflicted about this item, so he will abstain.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Abstains: Mann (1)
3. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.24.161 TO REDUCE
THE MAXIMUM ALLOWABLE FLOOR AREA OF CERTAIN CONDITIONALLY
PERMITTED NON - RESIDENTIAL USES IN THE URBAN RESIDENTIAL MIXED
USE ZONE (AB2012 -102) (7 :44 :56 PM)
Crawford moved to adopt the ordinance. The Council had the best intention a few
years ago. He hopes there is a new spirit of cooperation between the City and County. The
City Council agreed to keep the drive - through component. He's normally hesitant to add
additional restrictions on construction. In this case, it's a sign of cooperation and making
plans consistent and aligned with long -term planning efforts.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
4. ORDINANCE REPEALING ORDINANCE #2010 -067, ONE -TIME ECONOMIC
HARDSHIP EXTENSION (AB2012 -103) (7 :47 :00 PM)
Crawford moved to adopt the ordinance.
Weimer asked if this really addresses the Growth Management Hearings Board's
concerns and if the permits are still valid into the future.
Royce Buckingham, Prosecutor's Office, stated the Board's power is limited to
invalidating ordinances going forward. The Board doesn't have jurisdiction to go backward
and rule on individual permits. The County would have to consider actions suggested by Mr.
Stalheim independent of the Board's ruling.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
5. ORDINANCE REDUCING THE PARKS & RECREATION DEPARTMENT'S PETTY
CASH REVOLVING FUND (AB2012 -104) (7 :49 :14 PM)
Crawford moved to adopt the ordinance.
Whatcom County Council, 3/13/2012, Page 5
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The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
6. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENTS OF
JAMES KYLE AND STEPHEN JONES TO THE WHATCOM COUNTY ECONOMIC
DEVELOPMENT INVESTMENT BOARD (AB2012 -116) (7:50:00 PM)
Knutzen moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
INTRODUCTION ITEMS (7:50:29 PM)
Brenner moved to accept Introduction Items one through seven and nine.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND
WHATCOM COUNTY CONCERNING PLANNING, ANNEXATION AND
DEVELOPMENT WITHIN THE BELLINGHAM URBAN GROWTH AREA (AB2011-
340A)
2. INTERLOCAL AGREEMENT BETWEEN THE CITY OF BLAINE AND WHATCOM
COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT
WITHIN THE BLAINE URBAN GROWTH AREA (AB2011 -340B)
3. INTERLOCAL AGREEMENT BETWEEN THE CITY OF EVERSON AND WHATCOM
COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT
WITHIN THE EVERSON URBAN GROWTH AREA (AB2011 -340C)
4. INTERLOCAL AGREEMENT BETWEEN THE CITY OF FERNDALE AND WHATCOM
COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT
WITHIN THE FERNDALE URBAN GROWTH AREA (AB2011 -340D)
S. INTERLOCAL AGREEMENT BETWEEN THE CITY OF LYNDEN AND WHATCOM
COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT
WITHIN THE LYNDEN URBAN GROWTH AREA (AB2011 -340E)
6. INTERLOCAL AGREEMENT BETWEEN THE CITY OF NOOKSACK AND
WHATCOM COUNTY CONCERNING PLANNING, ANNEXATION AND
DEVELOPMENT WITHIN THE NOOKSACK URBAN GROWTH AREA (AB2011-
340F)
7. DISCUSSION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
SUMAS AND WHATCOM COUNTY CONCERNING PLANNING, ANNEXATION
AND DEVELOPMENT WITHIN THE SUMAS URBAN GROWTH AREA (AB2011-
340G) (HEARING TO BE SCHEDULED)
Whatcom County Council, 3/13/2012, Page 6
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8. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20, CREATING
CHAPTER 20.51 LAKE WHATCOM WATERSHED OVERLAY DISTRICT, TO
ADDRESS STORMWATER AND LAND USE REGULATIONS IN THE LAKE
WHATCOM WATERSHED (AB2012 -117)
This item was withdrawn from the agenda.
9. ORDINANCE AMENDING 2012 WHATCOM COUNTY BUDGET, SIXTH REQUEST,
IN THE AMOUNT OF $90,278 (AB2012 -118)
OTHER BUSINESS (7:51:36 PM)
Brenner reported for the Public Works, Health, and Safety Committee about the
discussion regarding rainwater catchment (AB2012 -119) and moved to request the
administration to look into amending WCC 24.11, Drinking Water Code, to allow for a hybrid
public water /rainwater catchment system, and look at the existing rainwater catchment
minimum design criteria in light of high efficiency appliances and water conserving fixtures.
The intent is to see if they can develop a hybrid and if they can give people credit for having
high efficiency appliances.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Crawford reported on the Mental Health Board and Substance Abuse Advisory Board
joint meeting. Currently, there is about $4 million in the mental health sales tax fund. The
County has been slow in using those funds for treatment programs. The Behavioral Health
Advisory Committee agreed that the County should use $2.3 million to build a new,
expanded triage center when the new jail is built. Also, there is an opportunity to cooperate
with the City of Bellingham to build a 42 -unit building for low- income, at -risk, or co-
occurring disorder people. The County must decide where this fund is headed and look at
projections into the future. In a few weeks, staff will have a meeting to look at how to
spend the money from this fund, including how much can be spent on capital projects. He
always imagined that this money would be used for specific programs and treatment.
However, using portions of the fund for capital projects is something he's never considered
before. The Council will have to become more knowledgeable before making a decision on
this facility request.
Kremen reported that he represented the County at the Washington
Association of Counties Legislative Steering Committee last week. He had a meeting with
the Speaker of the House and other county officials throughout the State to discuss the
Whatcom County's rural sales tax. It appears that the proposed Senate budget keeps the
County whole. The Speaker indicated that the House was likely to support the retention of
the rural sales tax. It appears that Whatcom County will not take such a large funding hit
as proposed by the House. At the very worst, it will be less than one - quarter or
substantially less than that.
Whatcom County Council, 3/13/2012, Page 7
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Brenner reported 15 proposals were presented at the Mental Health Board and
Substance Abuse Advisory Board joint meeting. Many of the proposals were about
continuing existing services. They need to consider many services on which to spend the
mental health sales tax money. She appreciates the efforts to find more housing, but they
need to handle other crises.
Kershner reported that the North Sound Mental Health Administration hired Joe
Valentine to take the helm from Charles Benjamin, who recently retired. She worked with
Mr. Valentine in Snohomish County 20 years ago.
Knutzen reported that he attended a tour of Intalco with a group of students called
the InvenTeam. The students are very inventive. For example, they have a classmate who
has spina bifida, so the group invented a recumbent tricycle for the student to ride. The
group was given an award by the Massachusetts Institute of Technology (MIT) program. He
also congratulated the Lynden basketball teams who won state championships.
ADJOURN
The meeting adjourned at 8:05 p.m.
The Council approved these minutes on April 10, 2012.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council a&o.whatcom.wa.us
Whatcom County Council, 3/13/2012, Page 8