HomeMy WebLinkAboutCouncil March 27 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
53
WHATCOM COUNTY COUNCIL
Regular County Council
March 27, 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, Bill Knutzen, Kathy
Kershner, Carl Weimer and Pete Kremen.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS (7 :01:39 PM)
Kershner announced there was a discussion of proposed amendments to
Whatcom County Code 20.14, Wind Energy Systems (AB2011 -223A) during the
Special Committee of the Whole meeting.
Kershner also announced there was a discussion with Chief Civil Deputy
Prosecutor Randall Watts regarding a liability claim (AB2012 -018) during the
Committee of the Whole meeting.
SPECIAL PRESENTATION
1. AMERICAN FARMLAND TRUST TO PRESENT AN AWARD TO WHATCOM
COUNTY (AB2012 -017) (7 :03 :01 PM)
Dennis Canty, American Farmland Trust Regional Director, stated he recognizes
Whatcom County for excellence in farmland protection. The majority of farmland in
Whatcom County is in restrictive farmland zoning and the development regulations are
strong. Whatcom County has an active purchase of development rights (PDR) program and
high rates of enrollment in the current use assessment program. He presented the 2012
Farmland Champions Award to Whatcom County.
Jack Louws, County Executive, stated he recognizes and thanks Samya Lutz and
Kraig Olasen for their hard work. He also thanked the members of the Agricultural Advisory
Committee and PDR Oversight Committee, staff, and County Council.
MINUTES CONSENT (7 :08 :59 PM)
Knutzen moved to approve the Minutes Consent items.
Whatcom County Council, 3/27/2012, 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
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 FEBRUARY 28, 2012
2. REGULAR COUNTY COUNCIL FOR FEBRUARY 28, 2012
JOINT PUBLIC HEARING
Joint Public Hearing (7:09:44 PM)
Matt Aamot, Planning and Development Services Department, gave a staff report.
Kershner opened the public hearing, and the following people spoke:
Wendy Harris stated remove Section 12C regarding offsite wetland mitigation.
Wetland mitigation doesn't work. The success rate is less than 50 percent, according to the
State Department of Ecology (DOE). The success rate plummets to 20 percent with full
replacement of all lost ecological functions, which is the standard in the critical areas
ordinance. It costs less to maintain existing wetlands. Protection of existing resources is
the preferred and most effective method of mitigation. Don't destroy or degrade intact and
functioning wetlands. Such a policy is a per se violation of State Environmental Policy Act
(SEPA) mitigation sequencing requirements. The provision also is a risk for agricultural
land. The Planning Department rejected language proposed by the Agricultural Advisory
Committee proposed. Site mitigation based on habitat connectivity, species diversity, and
type and rarity of habitat. Develop a landscape based, holistic watershed management
plan. The details for offsite mitigation aren't flushed out.
Ronna Loerch stated someone found an Oregon Red Spotted frog in a wetland on the
Oat Coles Road in Nooksack. It's the first time it was found in the Frazier River drainage in
many decades. It is an endangered frog that is rare. She supports the comments from
Wendy Harris about leaving wetlands in their natural state.
Michael Jones, City of Blaine Community Development Director, stated the city
planners involved in the process support the agreements. These agreements achieve
several things in the County Comprehensive Plan, including right to farm, mineral resource
lands notification, and minimum densities. It's important to work cooperatively on growth
management planning. Regarding offsite wetland mitigation comments from Wendy Harris,
the agreements allow transfer of mitigation from within the city to the county, to help the
cities achieve higher densities. Wetland mitigation is long -term and permanent open space.
Keep section 12C as is in the documents.
Hearing no one else, Kershner closed the public hearing.
Council Discussion (7:19:21 PM)
Brenner asked about annexation without a public vote.
Aamot stated these interlocal agreements don't address that provision, which State
law allows.
Whatcom County Council, 3/27/2012, 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
53
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND
WHATCOM COUNTY CONCERNING PLANNING, ANNEXATION AND
DEVELOPMENT WITHIN THE BELLINGHAM URBAN GROWTH AREA (AB2011-
340A) (7:20:49 PM)
Mann moved to approve the request. The language in section 12C is vague and
weak. It doesn't establish any kind of a program. It just mentions that the County and City
should talk about establishing such a program. He's okay with that. He's comfortable with
the language as written.
Crawford stated he agrees. The language talks about accomplishing the best
ecological outcome.
Brenner stated a number of or all the cities have done wonderful environmental
restoration projects within city urban areas. They aren't necessarily trading one for
another.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BLAINE AND WHATCOM
COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT
WITHIN THE BLAINE URBAN GROWTH AREA (AB2011 -340B) (7:22:45 PM)
Knutzen 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)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF EVERSON AND WHATCOM
COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT
WITHIN THE EVERSON URBAN GROWTH AREA (AB2011 -340C) (7:23:14 PM)
Kremen 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)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FERNDALE AND WHATCOM
COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT
WITHIN THE FERNDALE URBAN GROWTH AREA (AB2011 -340D) (7:23 :47 PM)
Weimer moved to approve the request.
Whatcom County Council, 3/27/2012, 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
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF LYNDEN AND WHATCOM
COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT
WITHIN THE LYNDEN URBAN GROWTH AREA (AB2011 -340E) (7:24:12 PM)
Knutzen 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)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF NOOKSACK AND
WHATCOM COUNTY CONCERNING PLANNING, ANNEXATION AND
DEVELOPMENT WITHIN THE NOOKSACK URBAN GROWTH AREA (AB2011-
340F) (7 :24 :40 PM)
Mann 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)
7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO
AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUMAS AND
WHATCOM COUNTY CONCERNING PLANNING, ANNEXATION AND
DEVELOPMENT WITHIN THE SUMAS URBAN GROWTH AREA (AB2011 -340G)
(7 :25 :02 PM)
Kremen 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)
OPEN SESSION (7 :25 :38 PM)
The following people spoke:
• Cary Kaufman submitted information (on file) and spoke about Wind Energy
Systems.
• Ellen Baker spoke about the State Dept of Commerce Grant (AB2012 -133).
• Natalie Everett spoke about the proposed South Fork Park (AB2012 -101).
• (Clerk's Note: The speaker following XXX requested that his /her testimony
not be included in the minutes. The speaker's testimony is available on the
meeting's audio recording.)
• Ronna Loerch spoke about the Council meeting agenda schedule and a recent
audience disturbance.
• Chris Hatch spoke about the proposed South Fork Park (AB2012 -101).
Whatcom County Council, 3/27/2012, 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
• Harry Williams spoke about the proposed South Fork Park (AB2012 -101).
• Gina Jacoby spoke about the proposed South Fork Park (AB2012 -101).
• Rick Harkness spoke about the proposed South Fork Park (AB2012 -101).
• Mark Minge spoke about the proposed South Fork Park (AB2012 -101).
• Elizabeth Green spoke about the proposed South Fork Park (AB2012 -101).
• Bill McKenna, Back Country Horsemen Chairperson spoke about the proposed
South Fork Park (AB2012 -101).
• Rand Jack spoke about the proposed South Fork Park (AB2012 -101).
• Rob Merhaut submitted information (on file) and spoke about the proposed
South Fork Park (AB2012 -101).
• Rick Olson spoke about the proposed South Fork Park (AB2012 -101).
• Susan Sebastian spoke about the proposed South Fork Park (AB2012 -101).
• Leroy Harkness spoke about the proposed South Fork Park (AB2012 -101).
CONSENT AGENDA (8:06:39 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through nine.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
(Clerk's Note: Discussion continued later in the meeting.)
1. REQUEST APPROVAL OF SHERIFF'S SUPPORT STAFF ADDENDUM TO THE
MASTER COLLECTIVE BARGAINING AGREEMENT EFFECTIVE MARCH 27, 2012
(AB2012 -128)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND EXPRESS SCRIPTS, INC. FOR
THE MANAGEMENT OF PRESCRIPTION BENEFITS UNDER THE SELF - INSURED
MEDICAL PLAN ADMINISTERED BY HEALTHCARE MANAGEMENT
ADMINISTRATORS, INC. IN THE AMOUNT OF $939,565 (AB2012 -129)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN WHATCOM COUNTY AND
BELLINGHAM POLICE DEPARTMENT FOR THE PURPOSE OF PROVIDING
FIREARMS QUALIFICATIONS FOR COMMISSIONED AND NON-
COMMISSIONED PERSONNEL IN THE AMOUNT OF $24,010 (AB2012 -131)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN WHATCOM COUNTY AND
SKAGIT COUNTY SHERIFF FOR THE PURPOSE OF PROVIDING FIREARMS
QUALIFICATIONS FOR COMMISSIONED AND NON - COMMISSIONED
PERSONNEL IN THE AMOUNT OF $10,179 (AB2012 -132)
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE
DEPARTMENT OF COMMERCE FOR A PLANNING -ONLY LAND USE GRANT FOR
WATERSHED PROTECTION AND RESTORATION IN THE AMOUNT OF
$358,472 (AB2012 -133)
Whatcom County Council, 3/27/2012, 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
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AMENDMENT TO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND
WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR IMPLEMENTATION OF
STORMWATER PLANNING AND MANAGEMENT NEEDS IN RELATION TO THE
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PHASE II
PERMIT IN THE AMOUNT OF $50,000, FOR A TOTAL AMENDED AGREEMENT
IN THE AMOUNT OF $345,339 (AB2012 -134)
7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONSULTANT AGREEMENT BETWEEN WHATCOM COUNTY AND DAVID EVANS
& ASSOCIATES FOR THE FINAL DESIGN PHASE OF THE POTTER ROAD SOUTH
FORK BRIDGE #148 REPLACEMENT PROJECT, IN THE AMOUNT OF
$37,722.31, FOR A TOTAL AMENDED AGREEMENT IN THE AMOUNT OF
$601,065.31 (AB2012 -135)
8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ACCEPT ALL BIDS FOR
ANNUAL SUPPLY OF QUARRY ROCK, GRAVEL AND OTHER MATERIALS FOR
USE AS NEEDED FOR VARIOUS COUNTY MAINTENANCE PROJECTS, AND
SELECT THE APPROPRIATE VENDOR AS DICTATED BY THE SPECIAL
CIRCUMSTANCES OF EACH PARTICULAR JOB IN AN AMOUNT TO EXCEED
$35,000 (AB2012 -136)
9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN COMPU -TECH, INC AND WHATCOM COUNTY FOR
UPGRADE WORK TO BE DONE ON THE WENET BROWSER IN THE AMOUNT OF
$73,400 (AB2012 -054B)
OTHER ITEMS
1. RESOLUTION IN THE MATTER OF THE SALE OF SURPLUS PROPERTY AND
SETTING A DATE FOR PUBLIC HEARING PURSUANT TO WHATCOM COUNTY
CODE 1.10 (AB2012 -125) (8:07:31 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the resolution.
Brenner stated reasons aren't given why some items are being declared surplus,
other than it's just time to do it. Other departments can use some of these trucks. Many of
the vehicles were just turned in. The Council must not keep supporting these requests
without documentation that explains why they're being declared surplus. She's opposed to
this item.
Mann stated he would like more detail about how much money the County receives
from the sale of these items and why equipment is being turned in. The Executive agreed
that the departments should share more information about the equipment that is available.
The County staff has been reduced by about 140 people in the last few years, so there are
extra vehicles. It costs money to own them. This declaration isn't frivolous. If the County
isn't using the vehicles, sell them while they still have value.
Whatcom County Council, 3/27/2012, 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
Knutzen stated the County just purchased two new trucks, and now they're turning
in one truck that would have met the requirements. The departments must have better
communication. He looks forward to working with Executive Louws.
Jack Louws, County Executive, stated he will work with County staff to review the
equipment replacement policy.
Brenner stated she disagrees that it costs so much money to maintain vehicles if the
County isn't using them. It doesn't cost much to maintain vehicles to have available when
needed, if the County isn't using them. The County needs an efficiency audit.
Kershner moved to remove item 38, the 2006 Ford with 67,000 miles.
Crawford stated he is against the motion. The Council's job is to set policy, not
micro - manage within a policy. The Executive said they will take a look at the policy and see
if there is a better policy, using objective measures. Respect that the administration
brought this forward based on current policy.
Brenner stated current policy needs to be changed.
Kremen stated he supports the motion. He also agrees with Councilmember
Crawford about policy. It's not prudent to declare surplus a six -year old vehicle with 11,000
miles per year that still has more than half of its lifespan available. Also, revisit the policy
of purchasing and deploying motorcycles that cost almost as much as a patrol care, but only
have a lifespan of 34,000 miles and doesn't enable the County to reduce the number of
patrol vehicles. Every deputy assigned a motorcycle also has an assigned patrol vehicle.
He cares about the safety of the men and women in law enforcement who put their lives on
the line every time they go to work. It's been documented repeatedly that a fatal
motorcycle accident is 25 times more likely than in a vehicle. There are accidents involving
law enforcement vehicles. From a safety and liability perspective, revisit the policy of using
motorcycles for law enforcement purposes.
Weimer stated he is against the motion, but agrees with keeping the vehicles longer.
Give the administration a chance to lake a deeper look at the policy. He hopes the
administration reviews whether there are other vehicles that can be declared surplus to be
more efficient.
Kershner withdrew her motion to amend so the Executive can review the policy.
Louws stated the longevity of many of these vehicles could be extended, which
would save some money. The motorcycle is being declared surplus because the
maintenance costs have gotten out of hand, and the Council authorized the purchase of a
new one. They bought a van for the new survey equipment, which doesn't meet the profile
of these vehicles.
Kershner moved to hold in Council for 30 days.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 3/27/2012, 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
53
CONSENT AGENDA
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE
DEPARTMENT OF COMMERCE FOR A PLANNING -ONLY LAND USE GRANT FOR
WATERSHED PROTECTION AND RESTORATION IN THE AMOUNT OF
$358,472 (AB2012 -133)
(Clerk's Note: Discussion continued from earlier in the meeting.)
Brenner moved to reconsider the Consent Agenda. This item is important to her.
She was supposed to get information, but she didn't get it.
The motion to reconsider failed by the following vote:
Ayes: Brenner, Kershner, and Knutzen (3)
Nays: Kremen, Crawford, Weimer and Mann (4)
Brenner stated this isn't fair to the public. It should at least be discussed.
OTHER ITEMS
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE STATE OF
WASHINGTON SALMON RECOVERY FUNDING BOARD TO ACQUIRE SEVERAL
FLOOD -PRONE PROPERTIES THAT LIMIT UPSTREAM RESTORATION
OPPORTUNITIES, COMPLETE DETAILED HYDRAULIC MODELING,
ALTERNATIVES ANALYSIS AND PRELIMINARY DESIGN OF LEVEE
RECONFIGURATION IN THE LOWER NOOKSACK RIVER IN THE AMOUNT OF
$535,000 (AB2012 -126) (8 :23 :02 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)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON
STATE DEPARTMENT OF ECOLOGY FOR CHANNEL MAINTENANCE,
MONITORING ACTIVITIES AND WORK ON AN ENVIRONMENTAL IMPACT
STATEMENT FOR SWIFT CREEK IN THE AMOUNT OF $385,991 (AB2012 -127)
(8:24:16 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.
Whatcom County Council, 3/27/2012, 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
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
4. ORDINANCE AMENDING THE 2012 WHATCOM COUNTY BUDGET, SIXTH
REQUEST, IN THE AMOUNT OF $90,278 (AB2012 -118)
Mann reported for the Finance and Administrative Services 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)
5. NOMINATION AND APPOINTMENT TO FILL VACANCIES ON LUMMI ISLAND
FERRY ADVISORY COMMITTEE - VARIOUS APPLICANTS (AB2012 -044A)
This item was withdrawn from the agenda.
6. RESOLUTION APPROVING THE SOUTH FORK REGIONAL PARK CONCEPTUAL
PLAN (AB2012 -101) (8:25:53 PM)
Crawford moved to approve the resolution with the recommended alternative as
presented.
Mann stated he supports this park and parks in general. They aren't just a luxury
they can only afford in times of surplus. They are a vital to quality of life. The people of the
county agree. He keeps hearing from the residents of the area that the Council and County
aren't listening. However, disagreeing after listening isn't the same as not listening. The
Council has been listening for a long time. They've made a lot of changes. The design as
proposed is minimal. He read Councilmember Knutzen's information, and now is not
comfortable voting to do anything with this concept. He doesn't want to reward that type of
deal- making going on behind the scenes. He's concerned about approving the park based
on this information. He needs more information and to be sure about the history of these
properties and the transactions.
Brenner stated the Council was told the County had access to the Nesset property.
That was not correct. That was why the Council approved the Nesset farm. It is a big land-
locked property. Timber rights to be able to log the timber was part of the assessment.
That logging can't be done. It is one area of the county that is most difficult for the Sheriff
to enforce. It needs a lot of enforcement right now. The State closed the Hutchison Creek
campground because of the crime. It hasn't gotten any better. Don't put a park there now.
A park will require staff. The County plans to install signs warning people to not go near the
river, but that won't make people stay away from the river. She's been out there and
watched people drive drunkenly all over the road. People can't understand the concerns of
the residents unless they've lived there and seen how bad it is.
Crawford asked if Councilmember Mann verified and discussed the information
provided by Councilmember Knutzen with the administration and Parks Department staff.
He would like the administration to have a chance to respond. There are a number of
assertions in the letter that he would like to have reviewed. The Parks Department Director
Whatcom County Council, 3/27/2012, 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
had not seen the letter. He asked if Councilmember Mann would support a motion to
postpone.
Mann stated he has not talked to the administration. He would support a motion to
postpone.
Jack Louws, County Executive, stated the administration has held meetings and
taken public testimony, as the Council asked. They've presented everything that needed to
be presented. He's surprised to hear about a new document now. Neither he, the public,
nor County Parks Director Mike McFarlane has seen the document. Many challenges he's
heard is that things have been done behind closed doors and without public review. This
document should also have public review.
Kershner stated she would be happy to make sure that the Executive and Parks
Director get a copy of the document.
Kremen stated he is not keen on another postponement. There were quite a few
remarks made this evening that were serious charges leveled against the administration and
disparaging against the Parks Department, in particular. He asked Parks Director Mike
McFarlane to address those charges.
Mike McFarlane, Parks and Recreation Department Director, stated Rand Jack
indicated why a Park Commission representative and the Parks Department Director sit on
the Nesset Foundation Board. These are unpaid volunteer positions. It works well. No
matter what recommendation is given to the Foundation, it all comes to the County Council
for approval. It's basically a transfer of funds to the County for a specified purpose.
In terms of the State Environmental Policy Act (SEPA) process, it was sent through.
It was appealed by the South Fork Heritage Association, and was upheld. The department
doesn't get involved in the SEPA process other than filling out the forms and providing the
information. The process is what it is, and it's a decision of the SEPA official and Hearing
Examiner. They are past that stage.
He has not seen the latest bit of information. It was not shared with the department
to review. All the records are open to the public. Each of the three properties were put
together differently. Legal staff reviewed everything. The County Council made the
decisions to proceed. When State funds were used or State agencies were involved, it was
also reviewed by State legal staff and grants managers. He can't recreate what occurred or
give a firsthand account of what was done. This took place in the late 1990's, with different
folks. In 1989, the County Council committed to moving forward with the general idea.
He described the appraisal process and the conservation easements. There is a long
standing argument about when the trees are most valuable. All the information is available
at the Parks Department office.
Kremen stated the word "corrupt" was used this evening to describe the process,
which is quite disturbing. He asked if there could be any possibility of the claim that the
process or any of the acquisitions or the approach toward putting this together would
warrant the use of the words "corruption" or "corrupt." McFarlane stated he doesn't know
how it could be. The County's records are audited. The State's records are audited. All the
dollars the County put into the Nesset purchase went straight into the Nesset Foundation,
and are coming right back to the County for improvements to the public benefit. The State
funds that the Nesset Foundation received are tracked all the way through the process by
Whatcom County Council, 3/27/2012, 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
the State and the County. He's not sure what part is corrupt. Folks disagree with the
planning process, which began in 2005, but it's a fairly standard planning process. There
were concurrent, independent planning processes, such as those done by the Backcountry
Horsemen and the South Fork Heritage Association. The County's charge was to take the
best of all the plans and make a park that worked, particularly since there were
commitments made by a previous county council about accepting the property. Those
previous councils made commitments and encumbrances that limited what the County could
do in terms of development and expansion. Those commitments shaped what the park
could look like.
Mann stated it's good the documents are available at the Parks Department. Many
of the documents were dated before the tenure of Mr. McFarlane, Mr. Jack, and Mr. Kremen
as Executive. The park design is good. However, he can't vote for it now.
Brenner asked about extra deputies needed for this park. Nothing is budgeted for
extra Sheriff deputies. She asked if Sheriff Elfo is comfortable with that.
Bill Elfo, Sheriff, stated it is hard to assess the need for law enforcement. He's been
meeting with Mr. McFarlane since 2009 or before. His concern was that this not turn into a
venue like Hovander Park, where there are alcohol venues and concerts that attract large
numbers of people. He attended a number of community meetings. He encourages
communities to become active in supporting the safety in their own community. The people
who live there and know the area object to and are concerned about the impacts on safety.
The Acme Valley has had a number of issues related to people who ride innertubes in
the river. He would like the design to discourage people from riding innertubes in the river.
It encourages trespassing and drunkenness. They've had to arrest people for lewd and
lascivious conduct in front of children. It's a problem. The fire chief has expressed
concerns about lack of ability to respond to fires during the day. Any increase in their
workload would be difficult. He is trying to deal with a lot of emerging priorities in the
county with dwindling resources. In a status quo situation, any impact will have a negative
effect. They will have to see how it unfolds to better assess the impacts.
Crawford stated the park at Point Whitehorn is similarly remote. The park has been
in place for about two years. Before that, the neighbors had similar concerns. Since then,
it seems that the problems actually decreased. Elfo stated they haven't had any significant
problems at Point Whitehorn park. In fact, most of the problems are on the beach areas
outside the park, where the bonfires continue. It's a constant source of irritation from the
neighbors. He doesn't predict that there will be any impact within the park. It's the inner -
tubing and associated conduct that happens outside the park. It remains to be seen if
additional parking would be an issue.
Brenner stated she doesn't believe the situation at Point Whitehorn is similar. No
paperwork is available about the easement question. The Council discussed it in executive
session because it was a land purchase. People don't buy land that doesn't have access.
The Council was told there was access, but there wasn't. It's not a conflict of interest for
the Parks Director to be on the Nesset Foundation Board. She thanked Councilmember
Knutzen for putting together this history. However, it's not a good time in the economy to
create parks. Not too many people have the time to go to parks. Many people are barely
hanging on. The real estate excise tax (REET) money can be used for necessities, such as
stormwater retrofits instead of parks. Whatcom County is blessed with many public parks
and private land designated as open space. The County even closes ten days per year
because it doesn't have the money.
Whatcom County Council, 3/27/2012, 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 stated the budget he presented to the Council when he was executive
included a proposal to continue using $540,000 per year from the conservation future fund
on needs such as law enforcement and the criminal justice system. Councilmember Brenner
voted to discontinue that practice and put the money into the conservation futures fund,
which is what pays for this proposal.
Brenner stated the people passed a conservation futures tax specifically. It can also
be used for agricultural land, which is a high priority, instead of parks. It's not up her to
divert money away from something the people voted on, which is what the State and
federal governments do.
Crawford moved to postpone the vote for four weeks to allow time to review the
information provided by Councilmember Knutzen by the administration and the Council.
Knutzen stated this item was brought before the Council for approval at the last
meeting without his prior knowledge. It took him the past two weeks to find the
information.
Kremen suggested a friendly amendment that the motion be postponed to May
8 or a later date.
Crawford accepted the friendly amendment.
Knutzen stated he would have appreciated the courtesy of postponing this during the
last meeting.
The motion to hold in Council to May 8 carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
INTRODUCTION ITEMS (9:01:40 PM)
Crawford moved to accept Introduction Items two and three.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS
PROPERTY PURSUANT TO WHATCOM COUNTY CODE 1.10 (AB2012 -125A)
2. ORDINANCE AMENDING WCC 10.34, FERRY RATES, AND CORRESPONDING
WHATCOM COUNTY 2012 UNIFIED FEE SCHEDULE (AB2012 -130)
3. RESOLUTION AMENDING THE SIX -YEAR TRANSPORTATION IMPROVEMENT
PROGRAM FOR THE YEARS 2012 THROUGH 2017 (AB2012 -137)
Whatcom County Council, 3/27/2012, 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
CONSENT AGENDA
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE
DEPARTMENT OF COMMERCE FOR A PLANNING -ONLY LAND USE GRANT FOR
WATERSHED PROTECTION AND RESTORATION IN THE AMOUNT OF
$358,472 (AB2012 -133)
(Clerk's Note: Discussion continued from earlier in the meeting.)
Brenner moved to reconsider the vote on this item. Staff from the Planning
Department was going to put information together on this item. The contracts talks about
sharing between agricultural uses and environmental restoration. The document says they
are going to mitigate for the loss of high priority agricultural land. They aren't supposed to
do that in a contract. One is not supposed to benefit over the other. This is a really bad
document.
Kershner stated the Council already voted to reconsider this item, and the vote
failed.
Knutzen asked if the Executive can talk to Planning staff about Councilmember
Brenner's changes, which are relatively minor.
Jack Louws, County Executive, stated he is welcome to take Councilmember
Brenner's comments, but recommends that the contract be signed as is. They've worked
through this contract with the Department of Commerce and Farm Friends. It's gone
through the system. They've already gone through one revision to add flood mitigation and
road projects. Any changes will delay implementation by four to five weeks. He is aware of
the concern to preserve farmland. The Advisory Committee is involved. The parties will be
diligent in making sure they don't do anything to the two parcels in the pilot project that
have long- lasting negative impacts to Whatcom County.
OTHER BUSINESS (9 :02 :25 PM)
Kershner stated they need to update the Bellingham subarea plan. She asked if
councilmembers looked at that.
Crawford stated he suggests that the Council forward it to the Planning Department
for a response. The County Comprehensive Plan says that Geneva and Hillsdale are to
move out of urban growth area status if there is no annexation by December 31, 2012. The
City of Bellingham has decided to not annex either of these areas. Removal of these areas
from the urban growth area (UGA) status will change a lot of things. If this is to be done by
the end of the year, there should be a work plan for it. He would like to know how this folds
into the 2016 update.
Kershner stated she forwarded it to the Planning Department.
Mann stated the County Planning staff have a meeting scheduled with the City to talk
about this.
Whatcom County Council, 3/27/2012, 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
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (9:08:06 PM)
Crawford reported Rick Ballard, manager of Caitac properties, passed away recently.
Kremen reported that the Western Washington University (WWU) Vikings men's
basketball team won its first National Collegiate Athletic Association (NCAA) Division 2 title
on national television. They played a formidable opponent. The game was entertaining.
Much was said about Western's program. Bellingham was highly regarded during the
telecast.
Kershner reported that the Northwest Regional Council on Aging announced it has
made it through its 12th audit without a finding.
Crawford announced that the Whatcom Council of Governments appointed Robert
Wilson the new executive director.
ADJOURN
The meeting adjourned at 9:12 p.m.
The Council approved these minutes on April 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(g-.o.w hatcom .wa.us
Whatcom County Council, 3/27/2012, Page 14