HomeMy WebLinkAboutCouncil November 7 20121
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WHATCOM COUNTY COUNCIL
Regular County Council
November 7, 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
(7:08:41 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy Kershner
and Pete Kremen.
Absent: Carl Weimer.
FLAG SALUTE
ANNOUNCEMENTS
(7:01:54 PM)
Kershner announced that the following item was discussed in the Special Committee
of the Whole meetings earlier in the day. Discussion regarding proposed ordinance
amending the Whatcom County Code to allow agricultural slaughtering facilities in
the Agriculture Zoning District (AB2012 -300). The Council will introduce this item on
November 20 and hold a hearing on December 4.
Kershner announced that a strategy planning discussion and positions to be
taken regarding collective bargaining (AB2012 -306) was discussed in executive
session during the Special Committee of the Whole meetings earlier in the day.
Kershner announced that there was a discussion regarding potential property
acquisition with County Executive Jack Louws and Sheriff Bill Elfo (AB2012 -018) in
executive session during the Committee of the Whole meetings earlier in the evening.
Jack Louws, County Executive, stated he and the Sheriff have worked to find a jail
planner, find properties for a new jail site, and reconfigure the Law and Justice Council. He
updated the Council on the status of those tasks. The Council chose to hire a jail planner.
He and the Sheriff will come to the Council on December 4 to present for discussion the 11
properties being considered, and will turn the options over to the Council and the
community for consideration. At the end of the process, he hopes the Council will have a
clear choice on a site for a new correctional facility. Today's executive session addressed
negotiating strategy. He looks forward to engaging the Council and community.
Whatcom County Council, 11/7/2012, Page 1
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Bill Elfo, Sheriff, stated the approach is prudent. Time is of the essence. There was
an incident in the jail two weeks ago. The current infrastructure is failing. Keep the process
moving.
Kershner announced that the following item was discussed in executive session
during the Committee of the Whole meetings earlier in the evening. Discussion regarding
potential property acquisition for the Flood Control Zone District (AB2012 -018)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Crawford moved to authorize the County Executive, acting on behalf of the
Whatcom County Flood Control Zone District Board of Supervisors, to acquire property in
Marietta as long as the purchase price of the parcel does not exceed the amount discussed
in executive session.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen and Kershner (5)
Nays: Mann (1)
Absent: Weimer (1)
SPECIAL PRESENTATION
1. BEHAVIORAL REVENUE ADVISORY COMMITTEE TO PRESENT ITS THIRD
QUARTERLY REPORT FOR 2012 (AB2012 -342)
Jack Hovenier, Behavioral Revenue Advisory Committee Chair, introduced Health
Department Public Health Nurse Supervisor Judy Ziels and Program Specialist Joe Fuller.
They will talk about the building communities pilot project and the nurse family partnership
program, which uses leveraged dollars wherever possible. He commended Sheriff Elfo and
Chief of Corrections Wendy Jones for negotiations that resulted in savings of $200,000 from
a total of $500,000 they were spending in the jail.
Joe Fuller, Health Department Program Specialist, gave a staff report on the two
programs that will bolster the substance abuse and mental health continuum of care in
Whatcom County.
Kershner asked if the Health Department is working with the Washington State
University (WSU) Cooperative Extension staff on their family support programs. Fuller
stated it is.
Kershner asked how the recent approval to legalize marijuana will affect the County's
effort to support people with drug abuse problems. Fuller stated a concern by people in the
prevention field is the increased access. Regardless of anyone's personal opinion about
legalizing marijuana, there are going to be things to deal with in terms of increased access
by minors.
Whatcom County Council, 11/7/2012, Page 2
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MINUTES CONSENT
(7 :15 :15 PM)
Knutzen moved to approve the Minutes Consent items.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
1. REGULAR COUNTY COUNCIL FOR SEPTEMBER 25, 2012
2. SPECIAL COMMITTEE OF THE WHOLE FOR OCTOBER 9, 2012
3. COMMITTEE OF THE WHOLE FOR OCTOBER 9, 2012
4. REGULAR COUNTY COUNCIL FOR OCTOBER 9, 2012
S. SURFACE WATER WORK SESSION FOR OCTOBER 16, 2012
6. COMMITTEE OF THE WHOLE FOR OCTOBER 23, 2012
PUBLIC HEARINGS
1. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20.14, WIND
ENERGY SYSTEMS (AB2011 -223D) (7 :16 :00 PM)
Kershner opened the public hearing, and the following people spoke:
Joan Dow stated turbines in Scotland were estimated to produce 30 percent capacity,
but it averages about 22 percent. In America, the wind production tax credit was supposed
to give the wind energy industry a quick benefit. However, the industry is still asking for
taxpayer handouts after 20 years. End the tax credit to wind developers. She read from an
article on why taxpayers shouldn't subsidize wind energy. The cost of each employee in the
subsidized wind energy industry is about $300,000.
Bill Cox submitted and read from a handout (on file) and stated he reluctantly
recommends adoption of the ordinance tonight provided the Council doesn't weaken the
protection of nearby residents any further. The current partial WES moratorium is a threat
to the health and safety of county residents. People in the county don't want wind turbines.
Failing that, they want the most restrictive ordinance possible. This ordinance is the best
that can be accomplished at this time. He's reluctant to recommend an ordinance that
supports an unsatisfactory electricity source. Wind energy is an inferior technology
promoted by corporate lobbying groups seeking to obtain corporate funding from the
government. Wind doesn't satisfy any criteria for a valid electricity source. Wind isn't
financially feasible and is supported by taxpayers through excess charges to electricity rate
payers and by legal requirements to purchase wind even when it's not needed. Wind is not
environmentally friendly. It has negative impacts to humans and wildlife, and is a blight on
their surroundings. The industry is a corporate - government cooperation based upon
campaign contributions that pay for corporate favoritism. No studies support the validity of
Whatcom County Council, 11/7/2012, Page 3
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wind energy, that carbon dioxide is materially reduced by wind turbines, or that any coal
plant has been closed due to wind turbines. Many policymakers have been misled by junk
science promoted by the industry. He thanked the Council for their work on this ordinance,
especially Councilmember Crawford for identifying that they are better located in high
impact industrial zones. He also thanks Councilmember Kremen for noting that large wind
turbines do not belong in the Lake Whatcom watershed or a protective buffer.
Max Perry stated the Danish wind energy is highly subsidized. The same is here.
The strength of wind needs at least 17 miles per hour to turn the turbines. If the wind is
too strong, the turbine will be shut down. They generate 27 percent. Hydropower is much
more available than wind. Keep it in the industrial area.
Karl Uppiano stated keep wind machines restricted to industrial areas. Don't allow
them to proliferate throughout the county. When technology is new, disadvantages aren't
obvious. To cover for the worst case peak load in calm weather, there must be many
systems in a big network. By the time they are finished, landowners and environmentalists
will have a lot of repercussions from these machines. They are a visual blight. At night, the
flashing air navigation hazard lights are eerie. Don't believe in the popular factor of these
systems. Think about the ultimate deployment. Try to keep it to a reasonable minimum.
Cary Kaufman stated he is in favor of the ordinance. A portion of section 20.14.090
regarding complaints from neighbors about the sound is unfair. The first paragraph in the
section is fine. The last sentence in the fifth paragraph is fair. The rest of the fifth
paragraph identifies households and prevents them from making another complaint for two
years, if they've made one false compliant. That sentence is not fair and should be
eliminated. The last sentence in the paragraph addresses it. Adopt the ordinance.
Hearing no one else, Kershner closed the public hearing.
Crawford moved to adopt the ordinance as it's been amended and presented
tonight.
Kershner stated she thanks everyone who has helped the Council work on this for
the past two and a half years.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen and Kershner (5)
Nays: Mann (1)
Absent: Weimer (1)
Kershner stated she thanks Councilmember Mann for all the work he did on the
ordinance.
Knutzen stated he thanks staff, especially Wain Harrison, for his patience throughout
this process.
Whatcom County Council, 11/7/2012, Page 4
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OPEN SESSION
(7:31:48 PM)
The following people spoke:
• Ellen Baker spoke about the Whatcom Local Integrating Association advising
the County on prioritizing water projects.
• Greg Brown spoke about Councilmember Weimer attending a Gateway
Pacific /SSA Marine scoping meeting.
CONSENT AGENDA
(7:36:23 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through seven.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
1. RESOLUTION ORDERING THE CANCELLATION OF ACCOUNTS RECEIVABLE
MORE THAN A YEAR OLD (AB2012 -333)
2. RESOLUTION ORDERING THE CANCELLATION OF WARRANTS MORE THAN A
YEAR OLD (AB2012 -334)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND AQUATECHNEX,
INC. FOR THE SILVER LAKE FLOWERING RUSH PROJECT, IN THE AMOUNT OF
$20,000, FOR A TOTAL AMENDED AMOUNT OF $70,000 (AB2012 -335)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE
DEPARTMENT OF ECOLOGY FOR DESIGN IMPROVEMENTS AND
CONSTRUCTION ACTIVITIES IN THE CORONADO- FREMONT AREA OF LAKE
WHATCOM, IN THE AMOUNT OF $527,639 (AB2012 -336)
5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
MAINTENANCE AGREEMENT BETWEEN WHATCOM COUNTY AND
MORPHOTRUST USA FOR MAINTENANCE OF ELECTRONIC FINGERPRINT
MACHINES AND A STORE AND FORWARD MACHINE, IN THE AMOUNT
$24,015 (AB2012 -337)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND ISLAND COUNTY FOR
COMPLETION OF WORK IN THEIR JURISDICTION RELATED TO CHRONIC
DISEASE PREVENTION AS REQUIRED BY THE COMMUNITY
TRANSFORMATION GRANT, IN THE AMOUNT NOT TO EXCEED $30,000
(AB2012 -338)
Whatcom County Council, 11/7/2012, Page 5
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7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN WHATCOM COUNTY AND PICTOMETRY
INTERNATIONAL CORPORATION FOR THE PROVISION OF DIGITAL AERIAL
IMAGERY OF WESTERN WHATCOM COUNTY IN THE AMOUNT OF $123,727.69
WITH THE OPTION FOR TWO ADDITIONAL FLIGHTS, FOR A TOTAL AMOUNT
OF $371,183.06 (AB2012 -339)
OTHER ITEMS
1. ORDINANCE REPEALING AND REPLACING WHATCOM COUNTY CODE
CHAPTER 2.44 TO ESTABLISH A BEHAVIORAL HEALTH PROGRAM (AB2012-
330) (7:37 :13 PM)
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, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
2. RESOLUTION APPROVING A COMPREHENSIVE SEWER SYSTEM PLAN FOR
WHATCOM COUNTY WATER DISTRICT NO. 13 (AB2012 -318) (7 :37 :53 PM)
Brenner reported for the Public Works, Health, and Safety Committee and moved
to approve the resolution.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
3. ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENTS RELATED TO
UNINCORPORATED UGA INTERLOCAL AGREEMENTS (AB2012 -328) (7 :39 :28
PM)
Knutzen reported for the Planning and Development Committee and moved to
forward for concurrent review.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
4. ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENTS RELATED TO
CAPITAL FACILITY PLANNING FOR THE EAST COUNTY (AB2012 -329)
(7:40:15 PM)
Knutzen reported for the Planning and Development Committee and moved to
forward for concurrent review.
Whatcom County Council, 11/7/2012, Page 6
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The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
INTRODUCTION ITEMS
(7:41:18 PM)
Mann moved to accept the Introduction Items.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
1. ORDINANCE AUTHORIZING THE 2013 WHATCOM COUNTY UNIFIED FEE
SCHEDULE (AB2012 -343)
2. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE
PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE YEAR 2013
(AB2012 -344)
3. ORDINANCE LIMITING THE 2013 GENERAL FUND PROPERTY TAX LEVY
(AB2012 -345)
4. ORDINANCE AUTHORIZING THE LEVY OF 2013 PROPERTY TAXES FOR
COUNTY ROAD PURPOSES (AB2012 -346)
S. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY
CONSERVATION FUTURES PURPOSES FOR 2013 (AB2012 -347)
6. ORDINANCE ADOPTING THE FINAL WHATCOM COUNTY BUDGET FOR THE
BIENNIUM 2013 -2014 AND RESTRICTING THE EXPENDITURE OF CERTAIN
FUNDS THEREIN (AB2012 -332A)
7. ORDINANCE ADOPTING THE SIX -YEAR CAPITAL IMPROVEMENT PROGRAM
FOR WHATCOM COUNTY FACILITIES FOR THE YEARS 2013 -2018 (AB2012-
327)
8. RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR THE WHATCOM
COUNTY FLOOD CONTROL ZONE DISTRICT FOR 2013 (AB2012 -348)
(COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE
DISTRICT BOARD OF SUPERVISORS)
9. RESOLUTION ADOPTING THE 2013 BUDGET FOR THE WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT AND SUBZONES (AB2012 -349) (COUNCIL
ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT
BOARD OF SUPERVISORS)
10. ORDINANCE ESTABLISHING THE BIRCH BAY DRIVE AND PEDESTRIAN
FACILITY PROJECT FUND AND ESTABLISHING PROJECT BASED BUDGET
Whatcom County Council, 11/7/2012, Page 7
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REQUEST NO. 1 FOR CRP #907001 BIRCH BAY DRIVE AND PEDESTRIAN
FACILITY (AB2012 -340)
11. ORDINANCE ESTABLISHING THE BIRCH BAY - LYNDEN ROAD /PORTAL WAY
SIG NALIZATION / IMPROVE MENTS PROJECT FUND AND ESTABLISHING
PROJECT BASED BUDGET REQUEST NO. 1 FOR CRP #901011 "BIRCH BAY
LYNDEN ROAD /PORTAL WAY" SIGNALIZATION AND IMPROVEMENTS
(AB2012 -341)
12. ORDINANCE ESTABLISHING THE POTTER ROAD -SOUTH FORK BRIDGE NO.
148 REPLACEMENT PROJECT FUND AND ESTABLISHING PROJECT BASED
BUDGET REQUEST NO. 1 FOR CRP #998027 POTTER ROAD -SOUTH FORK
NOOKSACK RIVER BRIDGE NO. 148 (AB2012 -350)
13. ORDINANCE ESTABLISHING THE RURAL ROAD SAFETY PROGRAM PROJECT
AND PROJECT BASED BUDGET REQUEST NO. 1 FOR CRP #911017 -RURAL
ROAD SAFETY PROGRAM" (AB2012 -351)
14. ORDINANCE ESTABLISHING THE SHERIFF'S RECORDS MANAGEMENT SYSTEM
PROJECT FUND AND THE PROJECT BASED BUDGET FOR PHASE 1 OF THE
SHERIFF'S RECORD MANAGEMENT SYSTEM PROJECT (AB2012 -352)
15. 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)
OTHER BUSINESS
(7:42:20 PM)
Brenner stated she would like information on the ad hoc committee Ellen Baker
mentioned in open session. They've been talking about reactivating the water resource
inventory area (WRIA) planning unit. It seems premature to form this ad hoc committee
before the WRIA planning unit. The planning unit provided diverse input from many
different members.
Jack Louws, County Executive, stated he would like to respond at the December 4
meeting because of recent staff changes.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
There were no reports or other items from councilmembers.
Whatcom County Council, 11/7/2012, Page 8
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ADJOURN
The meeting adjourned at 7:44 p.m.
The Council approved these minutes on December 4, 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, 11/7/2012, Page 9