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HomeMy WebLinkAboutCouncil January 11 20111 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 January 11, 2011 CALL TO ORDER Council Chair Sam Crawford called the meeting to order at 7:02 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken Mann, Tony Larson and Carl Weimer Absent: None FLAG SALUTE ANNOUNCEMENTS (7:03:27 PM) Crawford announced there was an annual reorganization of the Whatcom County Council (AB2011 -056) and discussion with the Administration regarding strategic planning to establish organizational structure, priorities, and performance measurements (AB2011 -057) during the day's Committee of the Whole meeting. Crawford also announced there was discussion with Assistant Chief Deputy Prosecutor Daniel Gibson to address mediation issues (AB2011 -018) and a strategy planning discussion and positions to be taken regarding collective bargaining (AB2011 -036) in executive session during the Committee of the Whole meeting. MINUTES CONSENT (7 :04:14 PM) pages. Brenner moved to approve the Minutes Consent items, including the corrected The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. SURFACE WATER WORK SESSION FOR OCTOBER 19, 2010 2. SPECIAL COMMITTEE OF THE WHOLE FOR OCTOBER 19, 2010 3. SPECIAL COMMITTEE OF THE WHOLE FOR OCTOBER 28, 2010 4. BOARD OF HEALTH FOR NOVEMBER 2, 2010 Whatcom County Council, 1/11/2011, 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 5. SPECIAL COMMITTEE OF THE WHOLE FOR NOVEMBER 9, 2010 6. REGULAR COUNTY COUNCIL FOR NOVEMBER 9, 2010 7. SPECIAL COMMITTEE OF THE WHOLE FOR NOVEMBER 23, 2010 8. REGULAR COUNTY COUNCIL FOR NOVEMBER 23, 2010 9. SPECIAL COMMITTEE OF THE WHOLE FOR DECEMBER 7, 2010 10. COMMITTEE OF THE WHOLE FOR DECEMBER 7, 2010 11. REGULAR COUNTY COUNCIL FOR DECEMBER 7, 2010 12. SPECIAL COMMITTEE OF THE WHOLE FOR JANUARY 4, 2011 OPEN SESSION (7:05:33 PM) The following people spoke: • Dennis Jones, Sudden Valley, spoke on the issue of the Lake Whatcom Management Plan. • Gary Lysne, 2472 Northshore Road, Bellingham, spoke on the issue of budget amounts. • Carl Olson, 2015 - 24th Street, Bellingham, spoke on the condition of the general fund. • Kris Ungern, 2095 Northshore Road, Bellingham, spoke on the issue of the budget and general fund. • Kay Sardo, 510 South State Street in Bellingham, spoke on the issue of the proposed new jail. • Barbara Sternberger, 4540 Curtis Road, Bellingham, spoke on the issue of the cost estimates for the proposed new jail. • (Clerk's Note: The speaker following Barbara Sternberger requested that his /her testimony not be included in the minutes. The speaker's testimony is available on the meeting's audio recording.) • Michael Kaufman, 1620 Huntley Road, spoke on the issue of animal control. • Stewart Ridge, 3811 Constitution Road, Lummi Island, spoke on the new Lummi Island Ferry Task Force. • Harry Williams, citizen, spoke on the appointments to the Flood Control Zone District Advisory Committee. • Bruce Diele, citizen, spoke on peace and the principles of absolutism. • Ken Woolf, 5298 Macauley Road, Deming, spoke on the appointments to the Flood Control Zone District Advisory Committee. • Jeff DeJong, Abbott Road, Lynden, spoke on the appointments to the Flood Control Zone District Advisory Committee. • Greg Brown, 4363 Saddlestone Road, spoke on the issue of Mayor Pike's statement regarding a moratorium on wells in the Lake Whatcom watershed and on bus service on Sunday. • John Appel, 6605 Northwest Road, Ferndale, spoke on the appointments to the Flood Control Zone District Advisory Committee. • David Haggith, 5685 Bench Lane, Everson, spoke on the appointments to the Flood Control Zone District Advisory Committee. Whatcom County Council, 1/11/2011, 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 • Dewey Desler, Whatcom County Deputy Administrator, spoke on the issue of the funds of County government. OTHER ITEMS 1. RESOLUTION AUTHORIZING WHATCOM COUNTY'S APPLICATION FOR BOATING FACILITIES PROGRAM FUNDING ASSISTANCE FOR LIGHTHOUSE MARINE PARK DOCK REPLACEMENT (AB2011 -037) (7 :47 :41 PM) Brenner moved to approve the resolution. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE BELLINGHAM FOOD BANK FOR THE COLLECTION, WAREHOUSING AND DISTRIBUTION OF FOOD TO LOCAL FOOD BANKS AND TO SUPPORT THE GLEANING PROJECT IN THE AMOUNT OF $58,000 (AB2011 -038) (7 :48 :14 PM) Mann moved to approve the request. Kershner asked if it could come out of Economic Development Investment (EDI) money instead of the general fund. Dewey Desler, Deputy Administrator, stated they have not had a chance to work out any potential EDI use to support this program at the beginning of the year. It's general fund money at this point. Knutzen asked if they were going to help in the construction of a facility. Desler stated they have not had a chance to work on this project. The contract came forward. It's the first one of the year. They could delay this contract to let the administration look at that option in more detail. He was surprised that it's coming forward so quickly. Knutzen moved to hold this for two weeks. See if there is an option to use more creative funding. Brenner stated this is directly for food, not a building. It has to come out of the general fund Knutzen stated the Food Bank purchased property. They will have to use their money out of their budget to build the facility. Brenner stated the question is if the Food Bank plans to build right now, with the economy so bad. The food is what they need right away. She talked to the Food Bank director. It's completely separate. They may or may not move forward on the building. Knutzen stated that if they go ahead with this project, they will help the Food Bank budget and also create jobs in the construction industry. Whatcom County Council, 1/11/2011, 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 to refer to the Finance Committee failed by the following vote: Ayes: Crawford, Knutzen and Kershner (3) Nays: Larson, Weimer and Mann (3) Abstains: Brenner (1) The motion to approve as presented carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Mann (6) Nays: Kershner (1) 3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE WHATCOM VOLUNTEER CENTER FOR THE PROVISION OF VOLUNTEER SERVICES IN THE AMOUNT OF $30,000 (AB2011 -039) (7 :54 :38 PM) Mann moved to approve the request. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND GERRY COLEMAN, JON RANEY, MICHAEL BRODKSY, ALEX RANSOM, SARAH HALL, STEPHEN KOZER, DOUG HYLEDAHL, LEE GROCHMAL, ANDREW SUBIN AND CARL MUNSEN FOR CONFLICT ATTORNEY SERVICES FOR ADULT CLASS B & C FELONY CRIMINAL CASES AND FOR JUVENILE FELONY AND MISDEMEANOR OFFENDER CASES ON A FLAT RATE PER CASE PLUS EXPENSES (AB2011 -040) Brenner moved to approve the request. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND GERALDINE COLEMAN, THOMAS FRYER, LEE GROCHMAL, DOUG HYLDAHL, STEPHEN KOZER AND JONATHAN RANEY FOR CONFLICT INDIGENT DEFENSE, CLASS A FELONY AND AGGRAVATED 1ST DEGREE MURDER ON AN HOURLY RATE PER CASE PLUS EXPENSES (AB2011 -041) (7 :55 :37 PM) Brenner moved to approve the request. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN AMENDMENT OF THE MOA BETWEEN WHATCOM COUNTY AND WASHINGTON STATE UNIVERSITY TO CONTINUE THE JOINT COST - SHARING FOR FACULTY POSITIONS IN WSU EXTENSION IN THE AMENDED AMOUNT OF $83,542 (AB2011 -042) (7 :56 :10 PM) Whatcom County Council, 1/11/2011, 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 Brenner moved to approve the request. Knutzen moved to refer to Finance Committee in order to get more clarity on the necessity of all four positions. The original intent of the extension was to assist in commercial agriculture in Whatcom County. Drew Betz, Washington State University (WSU) Cooperative Extension, stated that was one of the intents. It's been operating in more than commercial agriculture for many years. The mission of Cooperative Extension is based on local needs. This county has been serving family living, community health, 4H youth development, and commercial agriculture, including integrated pest management, water quality, crane flies. There is a lot of work happening with commercial agriculture. They are hiring a new position. Knutzen stated they've gotten away from their core mission statement. He doesn't know how they're helping commercial agriculture. That's what he'd like more clarity on. Crawford asked Councilmember Knutzen to meet with Ms. Betz before the committee meeting. Knutzen stated he is happy to meet with Ms. Betz. The motion to refer to committee carried by the following vote: Ayes: Larson, Crawford, Brenner, Knutzen and Mann (5) Nays: Kershner and Weimer (2) 7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND DOMESTIC VIOLENCE & SEXUAL ASSAULT SERVICES FOR FUNDING TO SUPPORT AND REPRESENT THE COMMISSION AGAINST DOMESTIC VIOLENCE IN THE AMOUNT OF $35,000 (AB2011 -043) (8:00:09 PM) Larson moved to approve the request. Kershner asked if this funding comes from the general fund. Dewey Desler, Deputy Administrator, stated it is. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Mann (6) Nays: Kershner (1) 8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM EVENTS (SOLE SOURCE PROVIDER) FOR ADVERTISING AND PROMOTION OUTSIDE WHATCOM COUNTY OF THE ANNUAL SKI TO SEA FESTIVAL IN THE AMOUNT OF $30,000 (AB2011 -044) (8:01 :22 PM) Brenner moved to approve the request. Knutzen asked how much the Chamber was allocated when it ran the event. Dewey Desler, Deputy Administrator, stated the Chamber was allocated $30,000. Whatcom County Council, 1/11/2011, 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 52 53 Crawford stated this money has always been used for out -of -area advertising, to bring people to Whatcom County. Larson stated the current organization that runs the event is a private organization. He asked if the County looks at their financial information to evaluate their ability to provide marketing support. Desler stated the County looks at all their marketing receipts. The organization has to show the County exactly what the money was spent on. The County does not look at the amount that the organization makes off the event. Mann stated the organization is a nonprofit. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Kershner (6) Nays: None (0) Abstains: Mann (1) Mann stated he is on the organizations race committee. 9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR THE PURPOSE OF ESTABLISHING A LOAN PROGRAM FOR THE REPLACEMENT OF FAILING ON -SITE SEWAGE SYSTEMS IN THE AMOUNT OF $500,000 (AB2011 -045) (8:03:32 PM) Brenner moved to approve the request. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 10. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A COOPERATIVE LAW ENFORCEMENT ANNUAL FINANCIAL AND OPERATING PLAN BETWEEN WHATCOM COUNTY SHERIFF'S OFFICE AND THE USDA, FOREST SERVICE MT. BAKER - SNOQUALMIE NATIONAL FOREST FOR THE PROVISION OF A DEPUTY SHERIFF TO PATROL THE MT BAKE R- SNOQUALMIE NATIONAL FOREST IN THE AMOUNT OF $66,750 (AB2011 -046) (8:04:13 PM) Mann moved to approve the request. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 11. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND MT. BAKER FOOTHILLS CHAMBER OF COMMERCE TO PROVIDE FUNDING FOR CHAMBER OPERATIONS AND TOURISM PROMOTION OF THE MT. BAKER CORRIDOR IN THE AMOUNT OF $62,000 (AB2011 -047) (8:04:59 PM) Brenner moved to approve the request. Kershner asked why they are going to waive the bid requirement. Whatcom County Council, 1/11/2011, 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 53 Crawford stated only one other group is interested in these funds up there. He believes that the Foothills Chamber of Commerce has done a good job of positioning itself to be able to provide these services. It is the only group he knows of that could provide this service. It was well- vetted during the budgeting process. The Glacier Chamber has asked in the past. This approval also comes forward with a review and recommendation by the Tourism Advisory Board. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Mann (6) Nays: Kershner (1) 12. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST REGIONAL COUNCIL BOUNDARY REVIEW BOARD FOR SUPPORT OF THE BOUNDARY REVIEW BOARD IN THE AMOUNT OF $18,000 (AB2011 -048) (8:07:03 PM) Mann moved to approve the request. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 13. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT FOR SERVICES BETWEEN WHATCOM COUNTY AND WHATCOM DISPUTE RESOLUTION CENTER FOR THE ADMINISTRATION OF MANDATORY FAMILY LAW MEDIATION IN THE AMOUNT OF $20,000 (AB2011 -049) (8:07:22 PM) Brenner moved to approve the request. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 14. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT FOR SERVICES BETWEEN WHATCOM COUNTY AND CATHOLIC COMMUNITY SERVICES FOR THE COORDINATION OF COURT - ORDERED SUPERVISED VISITATION IN THE AMOUNT OF $23,040 (AB2011 -050) (8:07:42 PM) Weimer moved to approve the request. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 15. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL FOR OPERATION OF THE WHATCOM COUNTY HOMELESS SERVICE CENTER IN THE AMOUNT OF $150,000 (AB2011 -051) (8: 08:07 PM) Weimer moved to approve the request. Whatcom County Council, 1/11/2011, 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 Kershner asked if E- Verify is part of the contract. Crawford stated he is fairly sure the Opportunity Council uses E- Verify to verify their employees. Dewey Desler, Deputy Administrator, stated it should be, according to County policy. Regina Delahunt, Health Department Director, states she can't answer specifically for this contract. The question came up at one of the Council meetings at the end of last year, and she checked on that contract. It was included in that contract. They have been going through the contracts to make sure E- Verify are included in them. She will make sure it's included in this contract. These are veteran's funds, which they're adding to the 2060 funds to make a more expansive program. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 16. REQUEST APPROVAL OF THE ECONOMIC DEVELOPMENT INVESTMENT BOARD'S RECOMMENDATIONS FOR EDI FUNDING (AB2011 -052) (8:10:58 PM) Brenner moved to approve the request. Larson asked if the proposal could be split in two. Brenner withdrew her motion. Larson moved to approve the funding request and recommendation for the Port of Bellingham Index Industries Business Expansion. The motion to approve the Port of Bellingham funding request carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Crawford moved to approve the City of Ferndale Housing Affordability for the Workforce for $1.2 million. Larson stated he is against the motion. The two projects in the recommendation are very different projects. If the purpose is economic development, they should look at projects that create jobs. The first request from the Port clearly does that. The second request from Ferndale, is a good project. However, approving this project is the County taking equity in affordable housing. The outcome is that someone who can't currently afford a home will have an opportunity to buy a home, compliments of Whatcom County, which is subsidizing the cost of the home. That isn't an economic development issue. Crawford stated he is also against the motion. He is on the Economic Development Investment (EDI) Board, and supported the project at the time. Right now, they don't have any other applicants for the loan program. He's changed his mind because he's concerned that the administration of this goes through the City of Bellingham, not the City of Ferndale. He is concerned that they are shifting EDI money to the City of Bellingham, for its use. Whatcom County Council, 1/11/2011, 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 53 Some of the money goes for infrastructure, but $25,000 goes to administration. That may not be the best use of those dollars. Additionally, the County Council is beginning to discuss how to allocate these dollars most effectively and specifically for infrastructure that is specific to economic development. To get more applicants, they can do more proactive work with the Northwest Economic Council and Center for Economic Vitality to identify projects. Brenner stated this project will put contractors to work. That's part of economic development. Knutzen moved to refer to committee to hear from the applicants. Dewey Desler, Deputy Administrator, stated he agrees that this project is complex. Questions about the cost and use of the project are fair. Because this is unique, it deserves more discussion during Finance Committee meetings. If it works, this could be a very powerful tool for the Council to assist citizens with affordable housing and to get construction workers back to work. They can address concerns about a particular portion of the request. The administration also needs time to work through the request. He supports referring it to committee. Brenner stated she approves the project, but will vote to refer to committee to make sure it passes. Weimer stated he is ready to vote to approve the project. It's fine if the Council wants to further vet the project, which provides money for construction jobs, impact fees, and affordable housing. Desler stated this is coming forward for Council review. It's not a contract. If the Council approves the concepts, the administration will prepare budget documents and contracts. The administration will finish the contract with the Port of Bellingham on its project. That contract and a supplemental budget request will come before the Council again. Discuss the City of Ferndale project further during committee. Larson amended his motion and moved to amend the EDI Board recommended request to approve the Port of Bellingham request and refer the City of Ferndale request to committee. Mann stated he is ready to vote in favor of both programs. This is a loan, not a gift of funds. The advisory committee, which is very diverse, voted in favor of this project unanimously. Larson stated refer this to committee because it's not a loan. The Port request is a loan. The City request is not a loan. The County is taking equity. The loan isn't paid back until the home sells and it comes out of affordable housing status, which could be done in 70 years. Crawford stated that if it's used for individual housing, there is probably a horizon where they can see a potential payback in the future. If someone comes forward with another project such as multi - family housing, it won't ever come out of affordable housing status. Kershner stated she supports the motion. She would like to know why the City of Ferndale's affordable housing program is administered by the City of Bellingham. Whatcom County Council, 1/11/2011, 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 The motion as amended carried by the following vote: Ayes: Larson, Crawford, Brenner, Knutzen and Kershner (5) Nays: Mann and Weimer (2) 17. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENTS AND RE- APPOINTMENTS OF MEMBERS TO SERVE ON VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES (APPOINTMENTS TAKE EFFECT ON FEBRUARY 1, 2011) (AB2011 -053) (8:26:18 PM) Agricultural Advisory Committee Brenner moved to confirm Lesa Boxx and Richard Yoder. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Bellingham - Whatcom County Commission Against Domestic Violence Brenner moved to confirm Nikki Finkbonner and Mary Dumas. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Bicycle /Pedestrian Advisory Committee Knutzen moved to confirm Donald Ligocki. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Boundary Review Board Knutzen moved to confirm Bill Bliss. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) County Appeals Board - Fire Prevention Position Brenner moved to confirm Bill Hewitt. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Developmental Standards Technical Advisory Committee Knutzen moved to confirm Michele Bodtke, Michael DiSpigno and Adam Morrow. Whatcom County Council, 1/11/2011, 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 motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Ethics Commission Crawford stated the administration requested that this item be held. Housing Advisory Committee Mann moved to confirm Kathleen McNaughton and Sue Parrott. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Marine Resource Committee Knutzen moved to confirm Bert Rubash and Stephanie Williams. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Mental Health Advisory Board Brenner moved to confirm Larry Richardson and Michael Massanari, MD. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Northwest Regional Council Brenner moved to confirm Jana Finkbonner. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Parks and Recreation Commission - District 2 Weimer moved to confirm Gordon Rogers. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Rural Library Board Brenner moved to confirm Judy Phillips. Whatcom County Council, 1/11/2011, 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 53 The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Substance Abuse Advisory Board Brenner moved to confirm Dac Jamison and Althea Wilson. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 18. ANNUAL COUNTY COUNCIL APPOINTMENTS TO FILL VACANCIES ON VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES (APPOINTMENTS TAKE EFFECT ON FEBRUARY 1, 2011) (AB2010 -329) (8:31:28 PM) Board of Equalization - District 1 Knutzen nominated David Simpson. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Lummi Island Ferry Task Force (Clerk's Note: See the attached voting tally.) The Council appointed Kathy Berg, Jim Dickinson, Patricia Dunn, Diane Harper, John Chandler Johnson, Barbara Ryan, and Riley Starks. Noxious Weed Control Board - District 2 (Clerk's Note: There was no nomination.) The vote to appoint L. Alan Yoder carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Noxious Weed Control Board - District 3 (Clerk's Note: There was no nomination.) The vote to appoint Ray Fann carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Noxious Weed Control Board - District 5 There were no applicants. Whatcom County Planning Commission - District 1 Whatcom County Council, 1/11/2011, 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 53 (Clerk's Note: See the attached voting tally.) The Council appointed Ken Bell and David Onkels. 19. ANNUAL APPOINTMENTS TO FILL VACANCIES ON THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE, BIRCH BAY WATERSHED AND AQUATIC RESOURCES MANAGEMENT (BBWARM) ADVISORY COMMITTEE, AND SUMAS / EVERSON/ NOOKSACK FLOOD CONTROL SUB -ZONE ADVISORY COMMITTEE (AB2010 -329A) (APPOINTMENTS TAKE EFFECT ON FEBRUARY 1, 2011) (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Flood Control Zone District Advisory Committee - Geographic Areas (Clerk's Note: See the attached voting tally.) The Board appointed John Appel, Jeff DeJong and Gary Van Dyk. Flood Control Zone District Advisory Committee - Special Districts (Clerk's Note: See the attached voting tally.) The Board appointed Theresa Sygitowicz and Harry Williams. Kershner stated she thanks Ron Bronsema for his service on the Flood Control Zone District Advisory Committee. He's done a good job. This position has no term limits. It's a one -year term. She will vote for Sygitowicz and change the position. Flood Control Zone District Advisory Committee - Impacted Cities Brenner moved to appoint Robert Bromley and John Perry. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Birch Bay Watershed and Aquatic Resources Management Advisory (BBWARM) Committee - Position A (Clerk's Note: See the attached voting tally.) The Board appointed Don Montfort. Birch Bay Watershed and Aquatic Resources Management Advisory (BBWARM) Committee - Positions D and E (Clerk's Note: See the attached voting tally.) The Board appointed Peter Winterfeld and LeRoy Smith. Sumas /Everson /Nooksack Flood Control Subzone Advisory Committee Whatcom County Council, 1/11/2011, 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 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 There were no applicants. 20. ORDINANCE IMPOSING AN EMERGENCY MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS AND SHORT SUBDIVISIONS IN RURAL AREAS (AB2011 -060) (9:06:32 PM) Knutzen moved to adopt the ordinance. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) INTRODUCTION ITEMS (9:08:19 PM) Crawford moved to accept Introduction Items two and three. Introduction item one is withheld from introduction and referred to the Council's Planning and Development Committee. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 TO ALLOW DRIVE THROUGH SERVICES IN THE URBAN RESIDENTIAL MIXED USE (URMX) AND THE RESORT COMMERCIAL ZONES (RC) (AB2011 -054) — 2. ORDINANCE AMENDING THE 2011 WHATCOM COUNTY BUDGET, FIRST REQUEST, IN THE AMOUNT OF $46,315 (AB2011 -055) 3. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS AND SHORT SUBDIVISIONS IN RURAL AREAS (AB2011 -060A) OTHER BUSINESS (9:10:12 PM) Kershner stated the Council should choose a councilmember to support the Lummi Island Ferry Task Force. Knutzen moved to choose Councilmember Kershner as the liaison to the Lummi Island Ferry Task Force. Brenner asked if this task force will have any funding from the County. Kershner stated it currently has no funding. Brenner asked where the Task Force will meet. Kershner stated that is a decision the Task Force members will have to make. She asked if another councilmember is interested in serving as a backup liaison. Whatcom County Council, 1/11/2011, Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Larson stated he is willing to serve as a backup liaison. Brenner stated she is also willing to serve as a backup liaison. Crawford stated the motion would be for the Council to officially recognize Councilmember Kershner as the Council liaison to the Lummi Island Ferry Task Force. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (9:13:07 PM) Crawford stated there is a meeting with the public regarding the proposed new jail, hosted by the County Executive. It's not a Council meeting. ADJOURN The meeting adjourned at 9:14 p.m. Please contact the Council Office to obtain an 34 35 36 37 official, signed copy: 360- 676 -6690 or council@�omhatcomma.us Dana Brown - Davis, Council Clerk Sam Crawford, Council Chair Whatcom County Council, 1/11/2011, Page 15 PLANNING COMMISSION VOTING TALLY - ROUND 1 Nominated by: Weimer I I Knutzen I I Mann I I Crawford I Brenner Larson Kershner Total Kershner Bell X Bell X Bell X Bell X Bell X Bell I X IBell X 7 Larson IFranklin I lFranklin I Franklin I Franklin I lFranklin I lFranklin I lFrnnklin n X Kersnner IOnkels I IOnkels I X jOnkels I j0nkels I X lOnkels I 10nkels I X 10nkels I X 1 4 Nominated I LUMMI ISLAND FERRY TASK FORCE VOTING TALLY - ROUND 1 by: Nominated by: LUMMI ISLAND FERRY TASK FORCE VOTING TALLY - ROUND 2 Weimer Knutzen Mann Crawford Brenner Larson Larson Total Brenner Benson Benson Benson X Benson X Benson X Benson X Benson M-5 1 Brenner Berg X Berg X Berg X Berg X Berg X Berg X Berg X Harper Brenner D. Dickinson D. Dickinson D. Dickinson D. Dickinson D. Dickinson D. Dickinson D. Dickinson 0 Brenner J. Dickinson J. Dickinson X J. Dickinson X J. Dickinson X J. Dickinson X J. Dickinsonj X J. Dickinson X 4 Brenner Dunn X Dunn X Dunn X Dunn X Dunn X Dunn X Dunn X 7 Brenner Frye X IFrye I Frye X Frye Total Frye X Frye IRichardson I Frye IRichardson I 3 Brenner Harper IRichardson I Harper IRichardson I Harper X Harper X Harper X Harper X Harper IRyan I 4 Brenner Hartsoch Ryan I Hartsoch Ryan I Hartsoch 1 Hartsoch 4 Hartsoch Hartsoch X Hartsoch X 2 Brenner Holmes X Holmes X Holmes X Holmes Holmes Holmes Holmes 3 Brenner Johnson X Johnson X Johnson I X Johnson X lJohnson Johnson X Johnson X 6 Brenner Mulhern Mulhem Mulhem Mulhem Mulhern Mulhem Mulhem 0 Brenner Prestiy Prestiy Prestiy Prestiy Prestiy Prestiy Prestiy 0 Brenner Pros X Pros Pros Pros Pros Pros 1 Brenner Richardson Richardson Richardson X Richardson Richardson X Richardson X 4 Brenner Ran �X!JR!chardson X Ryan X Ryan Ryan X Ryan Ryan 4 Brenner Starks s I X Starks Starks X Starks X Starks I X jStrks I X 5 Nominated by: LUMMI ISLAND FERRY TASK FORCE VOTING TALLY - ROUND 2 Weimer Knutzen Mann Crawford Brenner Larson Kershner Total J. Dickinson J. Dickinson X J. Dickinson X J. Dickinson X J. Dickinson X J. Dickinson X J. Dickinson X 6 Harper X Harper X Harper X Harper X Harper X Harper X Harper X 7 Richardson X Richardson Richardson Richardson X Richardson Richardson X Richardson X 4 Ryan Ryan X Ryan X Ryan Ryan X Ryan Ryan 4 Nominated by. LUMMI ISLAND FERRY TASK FORCE VOTING TALLY - ROUND 3 Weimer I Knutzen I Mann I I Crawford I Brenner I Larson I Kershner Total Richardson I IRichardson I IRichardson I IRichardson I X IRichardson I IRichardson I X lRichardson I X 1 3 Ryan I X IRyan I X IRyan I X IRyan I Ryan I X Ryan I IRvan 1 1 4 Nominated I by: FLOOD CONTROL ZONE DISTRICT - GEOGRAPHIC AREAS - VOTING TALLY - ROUND 1 Nominated by: I FLOOD CONTROL ZONE DISTRICT - GEOGRAPHIC AREAS - VOTING TALLY ROUND 2 Weimer I I Knutzen I I Mann I I Crawford Brenner I I Larson - Hansen I 11-lansen I lHansen I X lHansen I lHansen I X IHansen I lHansen 1 1 3 Van Dyk I X IVan Dyk I X IVan Dyk I lVan Dyk I X IVan Dyk I IVan Dyk I X IVan Dyk I X 1 4 Nominated FLOOD CONTROL ZONE DISTRICT - SPECIAL DISTRICTS - VOTING TALLY - ROUND 1 by: Weimer Knutzen Mann Crawford Brenner Larson Kershner I Total Crawford Appel X Appel X Appel X Appel X Appel Appel X Appel X 6 Crawford DeJong X DeJong X DeJong X DeJong X DeJong X DeJong X DeJong X 6 Crawford Hansen X Hansen Hansen X Hansen Hansen X Hansen X Hansen X 3 Crawford Seymour X Seymour X Seymour X Seymour Seymour X Seymour X Seymour X 2 Crawford Van Berkum VanBerkum X VanBerkum VanBerkum VanBerkum VanBerkum Woolf VanBerkum Woolf 1 Crawford IVan Dyk I IVan Dyk I IVan Dyk Van Dyk I X lVan Dyk lVan Dyk I X lVan Dyk I X 3 Nominated by: I FLOOD CONTROL ZONE DISTRICT - GEOGRAPHIC AREAS - VOTING TALLY ROUND 2 Weimer I I Knutzen I I Mann I I Crawford Brenner I I Larson - Hansen I 11-lansen I lHansen I X lHansen I lHansen I X IHansen I lHansen 1 1 3 Van Dyk I X IVan Dyk I X IVan Dyk I lVan Dyk I X IVan Dyk I IVan Dyk I X IVan Dyk I X 1 4 Nominated FLOOD CONTROL ZONE DISTRICT - SPECIAL DISTRICTS - VOTING TALLY - ROUND 1 by: Nominated by: FLOOD CONTROL ZONE DISTRICT - SPECIAL DISTRICTS - VOTING TALLY - ROUND 2 Knutzen I I Mann I I Crawford I I Brenner I I Larson Total - p3ronsema I X IBronsema I X IBronsema I IBronsema I IBronsema I X IBronsema I IBronsema 1 1 3 - ISygitowicz I ISygitowicz I lsyqitowicz I X Isvoitowicz I X Isvoitowicz I lsvclitowicz I X lsvaitowicz I X 1 4 Weimer Knutzen Mann Crawford Brenner Larson Kershner Total None Bronsema X Bronsema X Bronsema Bronsema X Bronsema Bronsema Bronsema 3 None Knudsen X Knudsen Knudsen Knudsen X Knudsen Knudsen Knudsen 2 (None) Sygitowicz Sygitowicz Sygitowicz X Sygitowicz Sygitowicz Sygitowicz X Sygitowicz X 3 (None) Williams Williams X Williams X Williams Williams X Williams X Williams X 5 (None) lWoolf Woolf Woolf Woolf Woolf X Woolf Woolf 1 Nominated by: FLOOD CONTROL ZONE DISTRICT - SPECIAL DISTRICTS - VOTING TALLY - ROUND 2 Knutzen I I Mann I I Crawford I I Brenner I I Larson Total - p3ronsema I X IBronsema I X IBronsema I IBronsema I IBronsema I X IBronsema I IBronsema 1 1 3 - ISygitowicz I ISygitowicz I lsyqitowicz I X Isvoitowicz I X Isvoitowicz I lsvclitowicz I X lsvaitowicz I X 1 4 Nominated by: BIRCH BAY WATESRHED AND AQUATIC RESOURCES MANAGMENT - Position A - ROUND 1 Weimer I I Knutzen I I Mann I I Crawford I I Brenner I I Larson I I Ker—sh-n-e-rl Total Weimer ConneFF I lConnell I lConnell I lConnell I IConnell I lConnell I lConnell I 1 0 Weimer Montfort I X Montfort I X IMonffort I X IMontfort I X IMontfort I X IlMontfort I X IMontfort I X 7 Weimer IWnterfeld I IWinterfeld I IWinterfeld I IWinterfeld I IWinterfeld I IWinterfeld I IWinterfeld I 1 0 Nominated by: BIRCH BAY WATESRHED AND AQUATIC RESOURCES MANAGMENT - Positions D and E - ROUND 1 Weimer Knutzen Mann Crawford Brenner Larson Kershner Total Mann Connell X Connell X Connell Connell Connell X Connell X 4 - Mefl#ert MGR#eft EWmteerfeld Mea#eF# MGA#GFt Mea#ert Men#ert - Mann Smith Smith X X Smith X Smith X Smith Smith 4 Mann Wnterfeld X Winterfeld X Winterfeld X Winterteld X Winterteld X Winterteld X 6 Nominated by: BIRCH BAY WATESRHED AND AQUATIC RESOURCES MANAGMENT - Positions D and E - ROUND 2 Weimer I I Knutzen I I Mann I I Crawford I I Brenner I I Larson I I Kershner Total - Connell I X lConnell I IConnell Connell I lConnell I lConnell I IConnell I X 1 2 - Smith I ISmith I X ISmith I X ISmith I X ISmith I X ISmith I X ISmith I 1 5