HomeMy WebLinkAboutCouncil October 23 20121
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WHATCOM COUNTY COUNCIL
Regular County Council
October 23, 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
(7:03:15 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy
Kershner, Carl Weimer and Pete Kremen.
Absent: None.
ANNOUNCEMENTS
Kershner reported that there was discussion with Senior Deputy Prosecutor
Karen Frakes regarding pending litigation, Hirst et al v. Whatcom County, GMHB
Case No. 12 -2 -0013 (AB2012 -018) in executive session during the Committee of the
Whole meeting. The Committee took no action.
Kershner also reported there was discussion with Chief Civil Deputy Prosecutor
Randall Watts regarding pending litigation, McDaniels v. Whatcom County et al
(AB2012 -018) in executive session during the Committee of the Whole meeting.
Crawford moved that the County Council authorize the Prosecutor's Office to
provide legal representation to all parties named in the litigation of McDaniels v. Whatcom
county et al.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
MINUTES CONSENT (7 :05:15 PM)
Crawford moved to approve Minutes Consent items one through four.
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 SEPTEMBER 11, 2012
2. REGULAR COUNTY COUNCIL FOR SEPTEMBER 11, 2012
3. COMMITTEE OF THE WHOLE FOR SEPTEMBER 25, 2012
4. BOARD OF HEALTH FOR OCTOBER 2, 2012
Whatcom County Council, 10/23/2012, Page 1
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OPEN SESSION (7 :05 :50 PM)
The following people spoke:
• Wes Kentch spoke about the local wolf population.
• Yoshi Revelle spoke about women's rights.
• Leonard Lindstrom spoke about small children who cannot speak for
themselves.
• Delaine Clizbe spoke about the Lake Whatcom reconveyance.
• Matt Paskus spoke about airport noise impacts.
• Ellen Baker spoke about a public records request regarding a pilot project for
the natural resources marketplace.
Brenner asked the rules for things that are discussed in executive session.
Karen Frakes, Prosecutor's Office, stated this case involves a specific exemption
under the Public Records Act. The exemption says that records that pertain to the
deliberative process are exempt from public disclosure. As staff develop policies, the drafts
they circulate between various members of the team are not subject to release until there is
a point when a decision is made, when those drafts are available to the public. All the
information has been provided except for the material that falls under that exemption,
which is there to protect the deliberative process. As staff is developing and discussing
ideas, the exemption protects that from public disclosure.
Brenner stated this is information made available to an organization, not just internal
to the Planning Department. Frakes stated an agency outside the County may be involved.
She's only aware of government agencies being privy to the site.
Crawford asked if it's correct that this exemption only covers inner -staff
communications, and does not cover any communications outside of staff. It doesn't seem
right that anyone in the public would have privileged access of information on an issue.
Frakes stated it only involves staff working on this issue when they send things back and
forth to each other, not to anyone in the public.
CONSENT AGENDA (7 :25 :18 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through seven. He withdrew item five.
Brenner withdrew item four.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. RESOLUTION CONSENTING TO THE TERMINATION OF THE WASHINGTON
COUNTIES INSURANCE POOL PURSUANT TO THE INTERLOCAL AGREEMENT
OF THAT ORGANIZATION (AB2012 -320)
Whatcom County Council, 10/23/2012, Page 2
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2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND PIONEER
HUMAN SERVICES TO PROVIDE PERMANENT SUPPORTIVE HOUSING FOR
OFFENDERS RE- ENTERING THE COMMUNITY, AND CHRONICALLY HOMELESS
VETERANS, IN THE AMOUNT OF $336,255, FOR A TOTAL AMENDED
CONTRACT IN THE AMOUNT OF $639,510 (AB2012 -321)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND JOHN VON
KRUSENSTIERN FOR WAREHOUSE SPACE TO STORE COUNTYWIDE RECORDS
FOR A PERIOD OF FIVE YEARS, IN THE AMOUNT OF $20,827.08 PER YEAR,
FOR A TOTAL AMOUNT OF $104,135.40 (AB2012 -322)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO EXECUTE A
RESIDENTIAL LEASE AGREEMENT FOR HOVANDER HOMESTEAD PARK
RENTAL HOUSE LOCATED AT 5031 NIELSEN AVENUE FOR OCTOBER 1, 2012
THROUGH SEPTEMBER 30, 2013 IN THE AMOUNT OF $12,600 (AB2012 -325)
7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND FREEDMAN & ASSOCIATES
FOR MENTAL HEALTH TREATMENT SERVICES, IN AN AMOUNT UP TO $36,000
(AB2012 -326)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT FOR THE TERM OF SERVICES WITH MCASPHALT
INDUSTRIES LTD., IN THE AMOUNT OF $145,000 (CONTRACT TO BE
AMENDED FROM MAY 12, 2012, THROUGH OCTOBER 31, 2012) (AB2012-
323) (7:26:25 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Brenner stated she is opposed to chip sealing on County roads. She gets many
complaints about it. People in the business tell her that the County does more chip sealing
than is necessary. She understand the need on curves and steep slopes, but it's being
applied to straight areas. She isn't an expert, but a former councilmember was an
employee of the State Department of Transportation, and he worked on and researched the
issue. They wouldn't need this amendment if they were careful about the amount of chip
seal they applied. They are supposed to take a position on what they're doing with their
resources. She's brought this up for many years. This is an amendment to do more. The
Council is throwing money at something without information about why the County should
pay more. It has to do more with the fact they are applying a lot of chip seal.
Mann stated he would love to spend less on roads. If reducing the amount of chip
seal is possible, he would do that. He talked to Joe Rutan about that option several times.
He's said they are doing the bare minimum and trying to make it as less expensive as
possible. He would love to hear technical guidance or advice from an outside expert who
will prove the County is over -chip sealing if Councilmember Brenner can produce that
information.
Knutzen stated this request is for money that's already been spent. This request will
make up the difference. The primary vendor ran out of product, and the County had to
supplement with a different vendor. As the budget is discussed, explore this area. The
Whatcom County Council, 10/23/2012, Page 3
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County may be better - served to subcontract this service to the private sector. In the
current economic climate, nothing is untouchable. He hopes the Council can explore ways
to save the County money. Privatizing this service might be one of those options.
Kremen stated he used to get complaints about chip sealing when he was County
Executive. He asked the Public Works staff why the County uses chip seal instead of
asphalt. He wasn't happy about North Shore Road being chip sealed recently, but it does
the job. He's learned that chip seal costs about one -third of the cost of asphalt. Also, it
provides better traction in icy conditions. If money were no object, however, he would
advocate for asphalt over chip seal, because it is more comfortable.
Brenner stated she agrees that they should use chip seal where there are icy
conditions, such as on curves or steep slopes. She's talking about straight stretches of
road. It does cost less than asphalt. However, it's applied at a rate that ends up being
more expensive than asphalt, because of the number of times it has to be applied.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Weimer, Knutzen, Mann and Kershner (6)
Nays: Brenner (1)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2012 PROJECT BUDGET, SECOND REQUEST,
CIVIC CENTER EXTERIOR REPAIR PROJECT, IN THE AMOUNT OF $204,662
(AB2012 -313) (7:34:47 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance. He stated he is against the ordinance because he has concerns
about the total overall costs and expense of the Civic Center building. He needs to see a
more comprehensive history of the building and more comprehensive planning for that
building. He is not comfortable with past decisions and the total expense.
Brenner stated she agrees with Councilmember Mann and is also against the
ordinance. In the past, the Council was asked to fix something inside the building. She
mentioned at that time that the windows leaked, but was told by staff that they don't leak.
Now they are asked to approve this project to fix leaky windows. The process hasn't been
cost - effective. They should have fixed the external problems first, before working on the
inside. The whole building is a money pit.
Knutzen stated he agrees with Councilmembers Brenner and Mann, but will support
ordinance because they are fixing the issues going on with that building. The County has
invested much time, money, and effort into this building. It doesn't make sense to throw
out all the work that's already been done, whether or not they agree with it. The County
owns the asset. They're getting to the end of the remodel process. It should have been
done a long time ago. He is concerned there will be a bigger problem such as mold as a
result of moisture intrusion. He understands the concerns, but will support the ordinance.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Weimer, Knutzen, and Kershner (5)
Nays: Mann and Brenner (2)
Whatcom County Council, 10/23/2012, Page 4
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2. ORDINANCE AMENDING THE 2012 WHATCOM COUNTY BUDGET,
THIRTEENTH REQUEST, IN THE AMOUNT OF $212,411 (AB2012 -316)
(7 :38:32 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance. He stated he is against the ordinance for the reasons stated
regarding the previous agenda item. He doesn't have a problem with the item from the
Public Defender's Office.
Brenner stated she also is against the ordinance for the reasons stated regarding the
previous agenda item, and she also supports the item from the Public Defender's Office.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Weimer, Knutzen, and Kershner (5)
Nays: Mann and Brenner (2)
CONSENT AGENDA
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AWARD BID
#12 -58 TO FABER CONSTRUCTION CORP. FOR EXTERIOR REPAIRS TO THE
CIVIC CENTER BUILDING, IN THE AMOUNT OF $1,391,912.20 (AB2012 -324)
(7:40: 01 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve. He stated he is opposed to the request for the reasons stated regarding the
previous two agenda items.
Kershner stated these big projects need to have a plan that projects future projects
and expenses. Civic Center expenses seem to come to the Council every three or four
months. There are separate requests to do the project, bid the project, hire the bidder,
amend the budget, let the contract, and amend the contract, if necessary. Some of the
items before the Council are for the same project, but it always feels like more money for
the civic center. The administration should have a plan for large projects that the Council
and public can follow, so they know what they're spending, why they're spending it, and
when they spend it. The piecemeal process doesn't work.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Weimer, Knutzen, and Kershner (5)
Nays: Mann and Brenner (2)
OTHER ITEMS
3. RESOLUTION ESTABLISHING REGULAR WHATCOM COUNTY COUNCIL
MEETING DATES FOR 2013 (AB2012 -319) (7 :41 :55 PM)
Crawford moved to approve the resolution.
Brenner moved to amend the resolution to schedule regular meetings on the first
and third Tuesdays of each month, not including August and December, which would be
only the first Tuesday. Another option is to have weekly meetings, like the Council used to
Whatcom County Council, 10/23/2012, Page 5
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have. They are becoming more and more part -time. The schedule of having meetings
every other week except when they don't isn't in the public interest.
Kremen stated the Council has had the same number of meetings every year for the
last 17 or more years. The comment that the Council is becoming more part -time is not
valid.
Brenner stated the Council used to have meetings every week.
Dana Brown - Davis, Clerk of the Council, stated the Council used to meet the first,
second, and fourth Tuesday of every month.
Knutzen stated they still do. They have surface water work sessions and other
meetings on off - Tuesdays.
Brenner stated they had evening meetings the first, second, and fourth.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Kremen, Crawford, Weimer, Knutzen, Mann and Kershner (6)
The motion to approve the resolution carried by the following vote:
Ayes: Kremen, Crawford, Weimer, Knutzen, Mann and Kershner (6)
Nays: Brenner (1)
4. REQUEST APPROVAL OF DRAFT "BOARD AND COMMISSION EXPECTATIONS"
AND AUTHORIZATION TO DISTRIBUTE TO ALL CURRENT AND FUTURE
BOARD AND COMMISSION MEMBERS (AB2012 -225A) (7 :45 :47 PM)
Crawford moved to approve the request.
Brenner stated this version is very nice. It is short and to- the - point.
Mann stated he agrees it's short and to- the - point. He suggested a friendly
amendment, 'Thank you for serving as an appointee and member of one of Whatcom
County's Boards & Commissions. You play a vital role by bringing citizens' perspectives to
assists -as policy makers by studying critical issues and forming well - developed, thoughtful
recommendations to that aid us...."
Crawford accepted the friendly amendment. He thanked the Chair and Executive.
He agrees it meets their need. This is good.
Kershner stated she thanks the Human Resources Manager and Council staff.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
INTRODUCTION ITEMS (7 :48 :14 PM)
Crawford moved to accept Introduction Items one through five.
Whatcom County Council, 10/23/2012, Page 6
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The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20.14, WIND
ENERGY SYSTEMS (AB2011 -223D)
2. ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENTS RELATED TO
UNINCORPORATED UGA INTERLOCAL AGREEMENTS (AB2012 -328)
3. ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENTS RELATED TO
CAPITAL FACILITY PLANNING FOR THE EAST COUNTY (AB2012 -329)
4. ORDINANCE REPEALING AND REPLACING WHATCOM COUNTY CODE
CHAPTER 2.44 TO ESTABLISH A BEHAVIORAL HEALTH PROGRAM (AB2012-
330)
S. RESOLUTION APPROVING A COMPREHENSIVE SEWER SYSTEM PLAN FOR
WHATCOM COUNTY WATER DISTRICT NO. 13 (AB2012 -318)
OTHER BUSINESS (7:48;43 PM)
Mann reported for the Planning and Development Committee regarding the
discussion regarding proposed zoning amendments to allow agricultural
slaughtering facilities in the Agriculture Zoning District (AB2012 -300) and moved
to refer the committee's recommendation to the Planning Committee on November 7 for
further discussion. The committee made the use a permitted use. However, it's more
responsible to keep the use as an accessory use as legal and planning staff have repeatedly
advised. As much as he would like to make it a permitted use, there isn't much difference
and it keeps the County out of trouble.
Kershner suggested a friendly amendment to refer it to Committee of the Whole
instead.
Mann accepted the friendly amendment.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Crawford reported about changing the Lake Whatcom subdivision moratorium
ordinance to keep the intent of the moratorium while allowing clustering. He received zero
response from staff, attorneys, councilmembers, the Executive, or anyone else. He will
make calls to find out how to proceed with the process.
Kershner asked if any other councilmembers are be interested in co- sponsoring the
issue of the Northern Gray wolves, as suggested by Mr. Kentch.
Kremen stated he will co- sponsor.
Whatcom County Council, 10/23/2012, Page 7
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Crawford stated the Council must become educated about which State agency is
introducing these to Whatcom County. He's heard about it in Eastern Washington, but
hasn't heard about it here.
Kershner stated she would work with Councilmembers Kremen and Brenner to find
out more details about the issue.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (7:56:12 PM)
Kremen reported that he wants as many people as possible to attend the gala and
auction for Big Brothers and Big Sisters of Northwest Washington on Saturday, November 3,
2012. People should call for tickets. It's a great time and a great cause to help children in
the community find mentors from big brothers and big sisters throughout the community.
It's needed more now than ever. He hopes the attendance is large and a lot of money is
donated to a very worthy cause.
Knutzen reported that he was invited to visit Brigadoon Services, an organization
that trains service dogs for veterans and disabled people. They held a moving benefit and
auction. The organization was founded locally by Leon and Denise Costanten. There was a
great turnout at the Everett Civic Center. It's very touching how a dog can affect
someone's life that much. A young child talked about how a dog calmed him and gave him
balance after a brain injury, so he can now go to school and do other things he couldn't do
before. A veteran with post traumatic stress disorder is relieved of nightmares because of
the presence of his dog.
Weimer reported that he will miss the next meeting because he has to be out of
state.
ADJOURN
The meeting adjourned at 7:59 p.m.
The Council approved these minutes on November 20, 2012.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
4 Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council &o.w hatcom .wa.us
Whatcom County Council, 10/23/2012, Page 8