HomeMy WebLinkAboutCouncil October 9 20121
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WHATCOM COUNTY COUNCIL
Regular County Council
October 9, 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
(7:01:05 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy
Kershner, Carl Weimer and Pete Kremen.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
(7:01:30 PM)
Kershner reported for the Special Committee of the Whole meeting and stated there
was discussion of proposed amendments to Whatcom County Code 20.14, Wind
Energy Systems (AB2011- 223A). The Committee approved a recommendation to
introduce the ordinance at the next meeting.
Kershner also reported for the Special Committee of the Whole meeting and stated
there was discussion regarding a request clarification of a motion approved on
September 25, 2012, regarding the Lake Whatcom Reconveyance and discussion
of future scheduling (AB2012- 066D). The Council will have three meetings regarding a
park plan, timber management, and cost proposals. Those meetings will occur on the
regular meeting days in December and January.
Kershner finally reported for the Committee of the Whole meeting and stated there
was a strategy planning discussion and positions to be taken regarding collective
bargaining (AB2012 -306) in executive session.
PUBLIC HEARINGS
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 9.32.160 TO CLARIFY THE
AREA COVERED BY NO- SHOOTING ZONE NUMBER 5 (AB2012 -301) (7:04:06
PM)
Kershner opened the public hearing, and the following person spoke:
Whatcom County Council, 10/9/2012, Page 1
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Leonard Lindstrom spoke about riot control and whether anger, hate, and pain are all
there is. Church people won't let him talk. His personality is positive.
Hearing no one else, Kershner closed the public hearing.
Kremen moved to adopt the ordinance.
Knutzen asked why this ordinance is brought forward.
Dana Brown - Davis, Clerk of the Council, stated a citizen brought to the Council's
attention that part of the legal description inadvertently omitted the Bonneville Power
Administration (BPA) portion of the easement underneath the power lines. This corrects the
legal description. There are other instances where the description in the code doesn't
match the actual legal description. County staff is working on them.
Brenner stated these are open areas. It's not like being in the woods.
Kremen stated this in the North Shore Road area. A citizen was concerned because
there was a lot of shooting going on very close to a residential area. There were conflicting
documents. This ordinance rectifies the original intent.
Knutzen asked if this area is in the urban growth area (UGA).
Kremen stated he didn't think it is in the UGA.
Knutzen stated some of this area is accessible for hunting currently. He asked if
they are going to tell people they can't hunt in this area.
Kremen stated this is a very small sliver of land.
Knutzen asked if a deer hunter is breaking the law if he shoots a deer in that area.
Brown -Davis stated he doesn't believe that BPA allows shooting in that zone, anyway. They
just need to correct the code to match the existing practice.
Brenner moved to reopen the public hearing.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Donna Clark stated she owns the property, and she allows hunting there if people
ask her permission. It was never posted until this year on the Y Road and on Agate Bay
Lane. It's new ground that's been moved. There is a lot of deer and shooting out there, up
above her. It's target practice, not deer hunting. Those are the people who have been
causing all the ruckus. It's near the old gravel pit.
Brenner asked if Ms. Clark wants the property to be a no shooting zone. Clark stated
she has had two deer hit her, and it's cost her money. There are too many deer, and they
are killing people. She doesn't care if people hunt if they ask her permission first.
Kremen stated the area in the ordinance is further south than Ms. Clark's property.
It's right underneath the power lines.
Whatcom County Council, 10/9/2012, Page 2
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Brenner stated BPA has an easement across Ms. Clark's property.
Hearing no one else, Kershner closed the public hearing.
Knutzen stated a majority of the ground above the easement is wooded. A deer
hunter is going to shoot a deer in the open area. That clearing is where there will be an
opportunity to shoot a deer. He is concerned a deer hunter will suddenly do something that
is illegal.
Kershner asked if BPA allows shooting underneath its power lines. Brown -Davis
stated it does not.
Kershner stated hunting isn't allowed already.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Mann and Kershner (6)
Nays: Knutzen (1)
OPEN SESSION
(7:19:39 PM)
The following people spoke:
• Yoshi Revelle spoke about political issues of war and abortion and of private
and public property.
• Gary Lysne submitted handouts (on file) and spoke about the Lake Whatcom
watershed land reconveyance.
• Donna Clark spoke about the Lake Whatcom watershed land reconveyance.
• Carl Olson spoke about the Lake Whatcom watershed land reconveyance.
CONSENT AGENDA
(7:27:16 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through three.
Knutzen stated he thanks the County's Department of Information Technology
(DoIT), including Perry Rice, for the quick response to his questions.
The motion 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
TWO YEAR CONTRACT BETWEEN WHATCOM COUNTY AND QWEST
CORPORATION D /B /A CENTURYLINK QC FOR T1 TELECOMMUNICATION
TRUNK LINES FOR INBOUND AND OUTBOUND CALLS, IN THE AMOUNT OF
$86,880 (AB2012 -308)
Whatcom County Council, 10/9/2012, Page 3
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2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND NORSTAN
COMMUNICATIONS, INC., D /B /A BLACK BOX NETWORK SERVICES FOR TWO
YEAR CONTINUATION OF THE COMPREHENSIVE SERVICE PLAN FOR
ERICSSON MX ONE TELEPHONE AND VOICE MAIL SYSTEMS, IN THE AMOUNT
OF $127,512, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF
$395,646 (AB2012 -309)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE
DEPARTMENT OF ECOLOGY TO PROVIDE A WASHINGTON CONSERVATION
CORPS CREW TO IMPLEMENT NEW WATERSHED RESTORATION PROJECTS,
MAINTAIN EXISTING RESTORATION PROJECTS, AND ASSIST WITH WATER
QUALITY MONITORING AND IMPROVEMENTS, IN THE AMOUNT OF $60,000
(AB2012 -310)
OTHER ITEMS
1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
RAY WOLPOW TO THE WHATCOM COUNTY PUBLIC HEALTH ADVISORY
BOARD (AB2012 -311) (7:28:23 PM)
Kremen 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)
2. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
BRENAN FILIPPINI TO THE WHATCOM COUNTY APPEALS BOARD (AB2012-
312) (7:28:50 PM)
Mann 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)
3. NOMINATION AND APPOINTMENTS TO FILL VACANCIES ON THE WHATCOM
COUNTY SOLID WASTE ADVISORY COMMITTEE FOR BUSINESS /INDUSTRY
REPRESENTATIVE - APPLICANT(S): AMBER JONES, AND CITIZEN
REPRESENTATIVE - APPLICANT(S): CASEY HEINLE (AB2012- 092C)
(7:29:19 PM)
Knutzen moved to nominate and appoint the two applicants.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
INTRODUCTION ITEMS
Whatcom County Council, 10/9/2012, Page 4
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(7:30:30 PM)
Crawford moved to accept the Introduction Items.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. ORDINANCE FOR 2012 PROJECT BUDGET REQUEST #2, CIVIC CENTER
EXTERIOR REPAIRS PROJECT, IN THE AMOUNT OF $204,662 (AB2012 -313)
2. ORDINANCE AMENDING THE 2012 WHATCOM COUNTY BUDGET,
THIRTEENTH REQUEST, IN THE AMOUNT OF $212,411 (AB2012 -316)
OTHER BUSINESS
There was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
(7:31:21 PM)
Crawford reported that Bonneville Power Administration (BPA) and Alcoa Intalco are
close to reaching a ten -year power deal. That's good news.
ADJOURN
The meeting adjourned at 7:31 p.m.
The Council approved these minutes on November 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.w hatcom .wa.us
Whatcom County Council, 10/9/2012, Page 5