HomeMy WebLinkAboutCouncil July 26 20111
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WHATCOM COUNTY COUNCIL
Regular County Council
July 26, 2011
CALL TO ORDER 7:03:34 PM
Council Chair Sam Crawford called the meeting to order at 7:03 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 7:04 :20 PM
Crawford announced there was discussion with Assistant Chief Deputy
Prosecutor Daniel Gibson regarding ferry issues (AB2011 -018) in executive
session during the Committee of the Whole meeting.
Crawford announced there was discussion with Senior Deputy Prosecutor Karen
Frakes regarding pending litigation (AB2011 -018) in executive session during the
Committee of the Whole meeting.
1. CONSIDERATION OF A MOTION TO DISMISS' SUBMITTED BY HEATHER
WOLF ON BEHALF OF BAYES BROS. LLC REGARDING APPEAL OF HEARING
EXAMINER'S DECISION ON BERTRAND CREEK ESTATES PRELIMINARY LONG
SUBDIVISION (AB2011 -211)
Larson moved to dismiss the case on behalf of Bayes Bros. LLC regarding appeal of
Hearing Examiner's decision on Bertrand Creek Estates preliminary long subdivision.
Brenner stated she would support the motion, but is upset with the Code for not
allowing someone to move ahead without paying that kind of money. There wasn't a
request to do it until after the deadline, so she doesn't see how they can do anything else
legally.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 7/26/2011, Page 1
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MINUTES CONSENT 7:06:24 PM
Brenner moved to approve the Minutes Consent items.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. SPECIAL COMMITTEE OF THE WHOLE FOR JUNE 21, 2011
2. BOARD OF HEALTH FOR JUNE 28, 2011
3. COMMITTEE OF THE WHOLE FOR JULY 12, 2011
OPEN SESSION 7:06:46 PM
The following people spoke:
• Bruce Diele spoke on the issue of Grizzly bear attacks in Yellowstone and
Alaska.
• (Clerk's Note: The speaker following Bruce Deile requested that his /her
testimony not be included in the minutes. The speaker's testimony is available
on the meeting's audio recording.)
PUBLIC HEARINGS
1. ORDINANCE SUBMITTING A PROPOSED CHARTER AMENDMENT TO THE
VOTERS OF WHATCOM COUNTY TO CREATE A CITIZENS' COMMISSION ON
SALARIES FOR ELECTED OFFICIALS (AB2011 -224A) 7:14:02 PM
Crawford opened the public hearing, and the following people spoke:
Wendy Harris stated she is opposed to the proposal. Elected officials are not
overpaid. They all put in more hours than the job requires and that they're paid for. A
citizen board may not realize how much elected officials work. They want to attract a wide
range of qualified candidates for elections so they can select the best person for the job.
Don't make qualified people unable to run for office because they can't afford it. In good
times, public salaries don't keep up with private industry. Make sure the process of running
for office isn't politicized by people who are outraged at the amount of money that elected
officials make.
Jack Hovenier stated this is not about public officials being paid too much. It is
about transparency and not politicizing the public process. They can establish best
practices. Generally, other salary commission establish average salaries. It is not intended
to lower elected salaries. A similar amendment passed in Snohomish County by 79 percent.
Give the voters of Whatcom County an opportunity to decide.
Shane Roth stated the ordinance doesn't improve the current system. It makes the
system more complicated and is put in the hands of people who may not want to make the
decision. There isn't a problem that needs to be fixed.
Whatcom County Council, 7/26/2011, Page 2
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David Stalheim stated he supports the ordinance. The voters have a say in what all
the elected officials should be paid. A commission would be fair and impartial. Only seven
percent of the families in Whatcom County make as much as the County Executive. When
the voters understand that issue, they would be concerned about that level of pay. Pay isn't
what attracts people to public service.
Hearing no one else, Crawford closed the public hearing.
(7:24:15 PM)
Knutzen moved to adopt the ordinance.
Brenner stated some elected officials make too much, and some don't make enough.
No one who goes into elected office is supposed to do it for the money. Councilmembers
don't set their own salaries. The Council sets the salary of future councils. She would like
to hear from the public about this issue.
Larson stated he supports putting this on the ballot for the voters to decide.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE
OF NEW APPLICATIONS FOR DIVISIONS OF LAND RESULTING IN LOTS
SMALLER THAN FIVE ACRES WITHIN THE LAKE WHATCOM WATERSHED
(AB2011 -062A) 7:27:08 PM
Crawford opened the public hearing, and the following person spoke:
Wendy Harris stated she supports the moratorium. Recent monitoring indicates the
lake quality is declining because of residential development. The County is committed to
comply with Clean Water Act requirements. The State Department of Ecology (DOE)
reserved the right to take regulatory action if the County fails to honor its commitment.
Executive Kremen hasn't had time to implement his commitment to DOE. Without the
moratorium, there will be irreparable harm from increased density. DOE may then
reconsider its decision to close the watershed, which would create greater harm to property
owners in the watershed. Continue the moratorium to respect the Rural Element appeal
public process.
Hearing no one else, Crawford closed the public hearing.
(7:30:57 PM)
Weimer moved to adopt the ordinance.
Kershner asked how many potential lots could be created now.
Crawford stated this is for the entire watershed, for lots that would be divided to
five -acre lots. He believes it is 40 to 70.
Kershner asked if there is a timeline to the development standards that they're
working on.
Whatcom County Council, 7/26/2011, Page 3
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Roxanne Michaels, Planning and Development Services Department, stated the
development regulations should be ready by the end of the year.
Crawford stated he is against the motion. According to Steve Hood from the DOE
regarding Squalicum Mountain, the development standards would not cause harm to Lake
Whatcom. They are spending millions of dollars to address stormwater issue, such as the
Silver Creek Beach project. It's not productive for the lake to prohibit people from
subdividing their lots, given the limited number available.
Brenner stated she in favor of the moratorium. They have spent millions of dollars.
Set up a program to compensate owners for the downzones in the watershed. At least wait
for the development regulations from the administration.
Mann stated he is in favor of the moratorium. It costs millions of dollars to retrofit
development. It's prudent to continue protecting the resource until they have the improved
development regulations.
The motion carried by the following vote:
Ayes: Larson, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Nays: Crawford (1)
3. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
COMPREHENSIVE PLAN AND ZONING MAPS TO CREATE A MINERAL
RESOURCE LANDS DESIGNATION AND ZONING OVERLAY OFF OF DORAN
AND BOWMAN ROADS IN THE SOUTH FORK NOOKSACK VALLEY, SOUTH OF
ACME (AB2011 -232) 7:36:46 PM
report.
Joshua Fleischmann, Planning and Development Services Department, gave a staff
Crawford opened the public hearing, and the following people spoke:
Charles Law stated he is opposed to the ordinance. There will be no long -term
family wage jobs or tax benefits to the County. The abandoned land cannot be restored for
agriculture. He is concerned about environmental impacts.
Chris Johnson stated he is opposed to the ordinance. He is concerned about impacts
on Nooksack River fish.
Dan Cox, Concrete Nor'West, stated there was a State Environmental Protection Act
(SEPA) appeal on environmental impacts, which caused this process to take longer.
Approving this ordinance does not provide permission to mine. There are several permitting
steps to go through first. Concrete Nor'West will address concerns at the appropriate time
during the permitting process. Adopt the ordinance. It meets the County's adopted criteria
for designation, as recommended in the staff report.
Paul Brass submitted and read from a handout (on file). Violation of WCC 2.160.
PDS failed in its duty as well as the Planning Commission. Must meet all ten of the criteria
or the whole must be denied.
Sue Halon submitted a handout (on file). The Planning Department ignored policies
113 -1 and 113 -2 of the Comprehensive Plan. The MRL will endanger fish and wildlife
Whatcom County Council, 7/26/2011, Page 4
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habitat, food resources, and travel passages. The Conservation Reserve Enhancement
Program (CREP) has invested in adjacent properties. Parcels will be removed from forest
production use.
Valerie Lloyd submitted and read from a handout (on file). She is opposed to the
ordinance and is concerned about environmental impacts.
Suzanne Shull, submitted a handout (on file). She is opposed to the ordinance. A
community surrounds the site. Groundwater is at variable depths. The slopes are steep,
and drop into the north fork of the Nooksack River. She objects to criterion six. The
application doesn't meet that criterion. This gravel meets the qualification for fill, not for
construction. Don't make this decision tonight.
Ben Hickey stated he is opposed to the ordinance and is concerned about impacts to
the environment, truck traffic, noise, and underground water.
Becky Robertson stated she experienced water loss in her well with the initial 40-
acre harvest. Her 50 -foot well is now down to three feet. There will be impacts from
logging on neighboring properties. She is opposed to the ordinance.
Laura Kollmar stated she is opposed to the ordinance. Seventy to 100 taxpaying
residents will be affected. Not many residents know about this. She was never notified of
this process. This will ruin their lives. She is concerned about environmental impacts from
air pollution and dust, truck traffic, safety, and noise. Protect the rights of the residents.
Peter Willing, hydrogeologist and Friends of the Nooksack Samish Watershed
representative, submitted a handout (on file). He is opposed to the ordinance. The County
must carry out a more complete analysis. Much money has been spent to protect the
salmon in this watershed. The staff report fails to deal with these issues. It's not possible
to plan for a 50 -year supply locally.
Holly O'Neil stated she is opposed to the ordinance. This is not a complimentary use
of rural land.
Nick Guilford stated he is a neighboring farmer and is opposed to the ordinance.
People won't come to his farm without the peaceful agricultural setting. The gravel won't
end up in Whatcom County.
Geoff Martin stated he is opposed to the ordinance and stated the closest market for
this gravel is not in Whatcom County. They can't reclaim a gravel pit to its original forestry
use.
Loisann Shull stated she is opposed to the ordinance. There were no gravel pits in
the area when she bought her property in 1983. She received no warning of the change
from forestry to mineral resources. The community fears any further development with this
gravel pit.
Anna Martin, Friends of Nooksack Samish Watershed, stated this would be the
largest mineral resource land (MRL) in the county. The industrial effort would create safety
hazards. Mining would threaten salmon restoration efforts. Millions of dollars have been
spent on instream and riparian restoration on the Nooksack River. Many agencies have
expressed concern. This is not a suitable location for mining, so don't spend time and
money on the process.
Whatcom County Council, 7/26/2011, Page 5
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Charles Sullivan stated he is opposed to the ordinance and concerned about impacts
on fish species that depend on clean cold water. People can't fish or raft on the river. It
makes no sense to allow mining.
Mary Dumas submitted and read from a handout (on file) and spoke on behalf of the
Whatcom Land Trust: Correction regarding uses on surrounding properties to statement in
PDS Staff report. Land Trust opposed.
Brad Barton, Concrete Nor'West Vice - President and General Manager, stated they
provide family wage jobs. He described the company and need for aggregate. He asks for
approval to allow the process to move forward.
Charles Lindsey, Associated Earth Sciences geologist and hydrogeologist, described
his background and submitted a handout (on file). He has been monitoring water levels of
the existing mine, and there have been no impacts. There will be no mining below the
water table. The application meets all criteria to be included in a MRL.
Lesa Starkenburg - Kroontje, Concrete Nor'West Representative, submitted a handout
(on file). This process is for protection of mineral resources. The County is required to
classify, designate, and protect mineral resources. This site is commercial forestry land that
is to be used for logging. Right now, locals are coexisting with an operating mining facility.
New mining operations will be phased into activity. The parcel staff looked at is significantly
bigger, so it's not enclosed by more than 50 percent.
Jaclyn Eberly stated she is opposed to the ordinance. The neighbors exist now with
the small gravel pit. If it expands to the size of the mountain, the residents can't exist with
that. The salmon runs in both the Samish River and Nooksack River will die if the pit is
expanded. The Elk herd can't live with a gravel pit. The existing gravel pit does hit the
water table. Part of the reason this has taken so long is because the residents weren't
notified. The company provides jobs, but farming jobs would be lost.
Shane Roth asked why they are amending the Comprehensive Plan today. They are
supposed to do it once per year. There is no compelling reason to adopt this today. Wait
for the annual process. Provide the same level of responsiveness to these citizens that the
Council gave to citizens in the wind generator issue.
Wendy Harris stated she is opposed to the ordinance. Locate an MRL somewhere in
the county where they won't violate federal and State law regarding endangered species.
Concrete Nor'west would not have spent the time and energy to move this process forward
if they weren't planning to mine. The company schemed to separate the zoning process
from the mining permit process, which is why the concerns were not reviewed during the
SEPA process. The company manipulated the entire process and misrepresented the facts.
Richard Reece stated there must be another MRL site without the salmon and
agricultural impacts that this site presents. They must preserve agriculture in Whatcom
county so they have local food sources. Mining activity produces continual noise. Stop this
process.
David Stalheim stated councilmembers didn't read the transcript from the Hearing
Examiner. The public wanted information at that hearing, but didn't get it. The Council is
being asked to make a major decision without that information. The process failed the
neighbors. He is opposed to the ordinance. The should /shall issue should be cause to
Whatcom County Council, 7/26/2011, Page 6
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dismiss this application. Tell the owners to start over, do the environmental review to get
the answers, and protect the habitat adjacent to the Land Trust property. The County made
a decision to wait until 2016 to reevaluate mineral resource lands.
Greg Brown stated adopt this tonight to allow the process to move forward. It will
allow people on both sides to have their due hearing.
Hearing no one else, Crawford closed the public hearing.
(9:01:17 PM)
Larson moved to adopt the ordinance.
Brenner asked what happens to the gravel pit that is already there if this goes
forward.
Doug Goldthorp, Planning and Development Services Department, said the State
Department of Natural Resources (DNR) handles the reclamation process. Reclamation is
required in segments.
Crawford asked about impacts on fish. Goldthorp said he is not aware of any
evidence, but he is not a fish expert.
Knutzen asked the projection of when the material will run out from the existing
MRLs in the county. Starkenburg stated half of the Concrete Nor'west existing 40 -acre
parcel has been depleted. She doesn't know how much of the County pit is left. A small
parcel between the two does not have a mining permit.
Kershner asked about the requirement to identify, classify and designate mineral
resource lands and about the 50 -year supply. Goldthorp explained the Growth Management
Act requirements and the County study showing where the material is located. Much of the
material is encumbered by other uses.
Kershner asked if the current pit is being mined. Goldthorp stated it has a permit
allowing them to extract.
Kershner asked if the County Code defines "should" versus "shall." Fleischmann
stated criterion nine says that designated parcels should not enclose upon greater than 50
percent non - designated parcels. There is a question about whether that is occurring.
Brenner stated she wants more information and time to read what was presented
tonight. She would like to know more about DNR's reclamation process. This is important.
The County may need to do some of these studies. She is mostly concerned about the
water in the area.
Knutzen stated he would like to know what portion of the 180 acres the County
owns, what portion is owned by Concrete Nor'west, and what portion is owned by other
property owners. He asked if there is potential to transfer County property. If approved, it
would save the owner some grief, and it's already an MRL. Hold this in committee.
Larson stated he needs more information. He's heard things tonight that are
inconsistent from the materials in the packet. This company has gone through the process
Whatcom County Council, 7/26/2011, Page 7
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as anyone must. The County owes them a fair and predictable process. He would support
holding the issue in committee.
Mann stated he supports holding the issue in committee. The company is asking for
a use that will impact everyone. He can't find a good enough reason for that. The GMA
requirement to establish a supply of gravel isn't a good enough reason. It's a nonrenewable
resource, and they'll run out some day. Don't destroy farms and land in the process. He
would like to hear a reason for imposing a change on the residents. He is not inclined to
approve the ordinance.
Kershner asked Councilmember Knutzen how swapping properties would benefit. It
sounds like the permitting process will be a bigger issue that MRL designation.
Knutzen stated the property is adjacent to land the company already owns. The
proposed MRL is adjacent to the Land Trust property. The County may build a park across
the river. The property next to the Land Trust property could be a nature preserve.
Weimer stated he has supported the process until now. They have asked for more
information, which they received tonight. He is impressed by the testimony tonight. There
are enough mistakes in the staff report. They don't know what the supply or need is. It
doesn't consider the recent economic downturn. Transportation needs will change given the
peak oil issue. The staff report is laughable when it says it will restore to forest land. He is
opposed to the ordinance.
Weimer stated they should ask for an environmental impact statement (EIS) for this
process.
Larson moved to refer to Natural Resources Committee after the summer break.
The motion failed by the following vote:
Ayes: Larson, Brenner and Knutzen (3)
Nays: Kershner, Crawford, Mann and Weimer (4)
Crawford stated he supports the ordinance. He hears the residents' concerns. The
applicant has not had an opportunity to talk about mitigation for impacts. The applicant
stated this operation would remain at the existing scale. They have to move around the
mountain to access new gravel, but they will continue an operation that already exists in
that area. He understands the combined density of the neighborhood. But he's concerned
that there is no place for MRLs, if not here. Most gravel resources are located near the
Nooksack River. He wants to understand the connection between this and fish. The
residents can present information that shows hydraulic continuity to fish or effects to water
temperature at the time the company applies for an application. He would be interested in
that information. He is trying to balance the need for gravel in the county. It's appropriate
to expand the MRL in this area.
Mann stated he used to believe that the MRL process is preliminary, and the
permitting process is where they get into the issues. However, this processes greases the
skids and allows the permit to go through. This is their opportunity to question whether or
not they want a huge gravel area in this rural agricultural area and next to the Nooksack
River. There is no emergency due to running out of gravel.
Weimer stated there is not a good analysis of how much gravel they need. Nothing
prevents the company to hold on to this land with the resource, whether or not they
Whatcom County Council, 7/26/2011, Page 8
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designate it as an MRL right now. If there is an emergency need for gravel in the future,
the Council can change its opinion. There's no evidence they need to undermine farming,
timber, and salmon in the South Fork Valley at this point.
Knutzen stated read from the handout from Associated Earth Sciences, which says
there won't be impacts to water temperature. He would like that information vetted. He
moved to postpone the vote for two weeks.
Larson stated it would be valuable to postpone. He would like time to listen to
concerns people brought forward tonight. He would like to review the concerns and
inconsistencies between tonight's testimony and the staff report. He'd like to know what is
accurate. Without being able to defer this vote, he will assume the staff report is accurate.
He strongly suggests delaying two weeks if they want to consider the information received
tonight. He will seek more information in the next two weeks.
Crawford asked how that works for a hearing, and if it's okay to have a public
hearing and then allow councilmembers to go seek additional information.
Karen Frakes, Prosecutor's Office, stated that's not the way to do it. Any additional
information needs to be obtained by everybody in a public forum.
Larson stated he suggests they can do that in committee meetings two weeks from
now.
Crawford stated that at least provides a public record. He doesn't know if it
addresses the hearing process. He asked how to do this in a respectful way both for the
proponent and opponents.
Frakes stated the easiest way is to leave the record open for written comments, and
people can submit information that way. Otherwise they may have to continue the public
hearing, and have another hearing like they've had tonight.
Crawford stated they can amend the motion to postpone the vote for two weeks and
keep the written record for the hearing open to August 5 at 5 p.m. Get any additional
written information to the Council Office. The Council can take that information and have a
vote on the evening of August 9.
Larson asked if it would still go into committee. Frakes stated she doesn't think
there is a problem with discussing the written comments they receive in the committee.
They shouldn't take additional testimony unless they've announced it as a public hearing.
Crawford stated the discussion in the Planning and Development Committee will be
limited to the record, including written and verbal comments received through tonight and
written comments that come in through August 5.
Larson asked if staff will be available to answer questions.
Crawford stated staff would be available at the committee meeting.
Brenner stated they've had hearings before, and have continued to work on things
until they're done. She wants to be able to talk to individuals. The Council has been able to
do that with other hearings. If they need to have another hearing, they can do that. She
doesn't want to be precluded from talking to people. Frakes stated Councilmember Brenner
Whatcom County Council, 7/26/2011, Page 9
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wouldn't be precluded from talking to individuals, but there would be a risk that she would
receive information outside the public hearing through that process.
Brenner stated she's not comfortable with this.
Crawford restated the motion to postpone the vote for two weeks, refer to
committee and keep the written record open to August 5 at 5 p.m.
Weimer asked if they are going to have staff available at the committee to get new
information.
Sam Ryan, Planning and Development Services Department Director, stated she
requests that councilmembers get their questions to staff so they can do the research
before the committee meeting.
Kershner stated they are not expected to take this project through the permitting
phase. She's not planning to vet every single thing that would come out in a permitting
process.
Brenner stated she wants more information about the water. Areas out there have
water problems.
The motion carried by the following vote:
Ayes: Larson, Crawford, Knutzen and Mann (4)
Nays: Brenner, Weimer and Kershner (3)
(Clerk's Note: The Council took a break from 9:42:42 PM to 9:52 :16 PM.)
4. ORDINANCE CORRECTING A MAP ERROR IN ORDINANCE 2011 -013
(AB2010 -072E) 9 :52 :41 PM
Crawford opened the public hearing and, hearing no one, closed the public hearing.
Kershner 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)
5. COMMUNITY DEVELOPMENT BLOCK GRANT CLOSEOUT — EAST WHATCOM
REGIONAL RESOURCE CENTER PROJECT (AB2011 -237) 9 :54 :37 PM
Crawford opened the public hearing and, hearing no one, closed the public hearing.
He stated the Council does not need to take action on this item.
CONSENT AGENDA (9 :56 :31 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through nine.
Mann withdrew Item nine.
Whatcom County Council, 7/26/2011, Page 10
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The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND CH2M HILL, INC. TO PROVIDE
FOR DESIGN OF A REMOTE CONTROL SYSTEM TO OPERATE THE TRANSFER
SPAN AND APRON AT THE LUMMI ISLAND FERRY TERMINAL IN THE
AMOUNT OF $41,800 (AB2011 -245)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND PIONEER HUMAN SERVICES
FOR THE TRIAGE FACILITY OPERATIONS (AB2011 -246)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE
AGREEMENT BETWEEN WHATCOM COUNTY AND PIONEER HUMAN SERVICES
FOR THE TRIAGE CENTER IN THE AMOUNT OF $10,056 (AB2011 -247)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON ASSOCIATION
OF SHERIFFS AND POLICE CHIEFS FOR PERSONNEL TO STAFF THE
REGISTERED SEX OFFENDER ADDRESS AND RESIDENCY VERIFICATION
PROGRAM IN THE AMOUNT OF $137,732.93 (AB2011 -248)
5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND CITIES DIGITAL, INC. TO
PROVIDE TECHNICAL SUPPORT, NEW PRODUCT RELEASES, PRODUCT
PATCHES AND HOTFIXES FOR THE LASERFICHE DOCUMENT IMAGING
PRODUCTS IN THE AMOUNT OF $33,587.21 (AB2011 -249)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT CORRECTION BETWEEN WHATCOM COUNTY AND
COMMODITY CREDIT CORPORATION TO REMOVE FARMS NO LONGER
INTERESTED IN PDR PROGRAM TRANSACTIONS, AND DE- OBLIGATE FUNDS
FOR A CORRECTED AMOUNT OF $367,500 (AB2011 -250)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AGRICULTURE LICENSE AGREEMENT BETWEEN WHATCOM COUNTY AND JIM
SNYDER TO ACCESS AND HARVEST THE HAY CROP ON FARM LAND LOCATED
AT HOVANDER HOMESTEAD PARK /TENNANT LAKE IN THE AMOUNT OF
$3,255 (AB2011 -251)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #11 -50
TO THE LOW BIDDER, FOSS MARITIME COMPANY FOR THE ANNUAL DRY -
DOCK REPAIRS AND MAINTENANCE OF THE WHATCOM CHIEF FERRY IN THE
AMOUNT OF $362,223 (AB2011 -252)
9. RESOLUTION AMENDING CRP NO. 910018 AND APPROVAL FOR THE COUNTY
EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND
LOW BIDDER, WHATCOM BUILDERS, INC. FOR THE TYEE DRIVE PAVEMENT
RECONSTRUCTION, BENSON RD. TO ROOSEVELT RD. IN THE AMOUNT OF
$631,390 (AB2011 -253) 9:57:37 PM
Whatcom County Council, 7/26/2011, Page 11
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Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda item nine. He stated he is against the resolution. Don't spend
$600,000 on a pavement reconstruction project. No one from the public says they need the
road repaved. The County must be more strategic with its funds. This is a lot of money
right now. It isn't a high priority. Revenues for maintenance and operations does not cover
the maintenance and operations costs. They will eventually need to decide which roads
must have an altered level of service.
Brenner stated she is against the resolution. She heard from a number of people
who said it isn't necessary. She didn't hear anyone say it's a great idea. Take the question
to Point Roberts residents. The residents deserve to know what is planned for their area.
The community members should be able to weigh in on this item.
Crawford stated he supports the resolution. It's been part of the 2011 plan. The
County is obligated to take care of the most used road in Point Roberts. It's a reasonable
expenditure.
The motion carried by the following vote:
Ayes: Crawford, Weimer, Knutzen and Kershner (4)
Nays: Larson, Brenner and Mann (3)
OTHER ITEMS
1. RESOLUTION DECLARING THE COUNTY COUNCIL'S SUPPORT FOR THE
WHATCOM COUNTY AGRICULTURE STRATEGIC PLAN (AB2011 -241)
10:01:57 PM
Weimer reported for the Natural Resources Committee and moved to approve the
resolution.
Crawford stated he will support the motion, but is concerned about designating
100,000 acres of agricultural land being an overriding factor in terms of how they zone and
make land use decisions. He prefers to look at things such as farm gate values, the types
of crops grown, future crops, and what is helping the various farmers. People are willing to
be flexible about that, and not make the 100,000 acres the primary goal in their agricultural
preservation program. He will support the resolution with that understanding.
Brenner stated she supports the resolution. The Agricultural Advisory Committee is
incredible. They are very diverse, and have agreed to these points.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Weimer reported for the Natural Resources Committee and stated there was a
discussion regarding a proposed ordinance adopting amendments to Whatcom
County Code Title 17, Flood Damage Prevention (AB2011 -242) in committee. It is
scheduled for Introduction. The Committee recommends that this not be introduced, but
held in committee for two weeks.
Whatcom County Council, 7/26/2011, Page 12
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2. ORDINANCE AMENDING THE 2011 WHATCOM COUNTY BUDGET, SEVENTH
REQUEST, IN THE AMOUNT OF $2,008,829 (AB2011 -233) 10:04:56 PM
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the substitute version of the ordinance.
Larson moved to amend the ordinance to remove the Sheriff deputy items in the
amount of $58,933. The request only funds two deputies for the end of the year.
According to Sheriff Elfo, having the deputies only through the end of the year would not
make any impact, and it would be a waste. They would need to consider funding those
positions through 2012 for a total of $270,000 from the general fund. It's inappropriate to
vote to fund the deputies through the end of 2011 without considering the real cost of
$270,000 over this year and next year. He supports that cost. If they were to remove this
item and vote on it in two weeks, he would refer it to the Finance Committee in two weeks.
The deputies would start September 1. The County Council would add those deputies
through the end of 2012. He asked where the administration would find the $270,000. He
would support the request if they can find a way to appropriate that money.
Brenner stated the Council doesn't need to postpone this item to extend the deputies
through 2012. Request that there be budget offsets from other departments for that
amount of money for this year and next year. It was a bad decision to not fund the
deputies before. She attended meetings on gang activity, which really made her realize
they must address this issue quickly. Gang activity has gone up since those two deputy
positions were not funded. Fund the positions and ask the administration to make budget
reductions elsewhere.
Larson stated the Council would waste money if it approved this request, but did not
approve additional funding for 2012. If the Council is going to make an impact on gang
violence appropriately, approve the positions through 2012. There would be no delay. The
Council can approve it in two weeks, which gives the administration an opportunity to
explain where the money would come from. The Council can either ask the administration
to cut elsewhere to make those funds available or dip into the reserve.
Mann asked the administration where the $270,000 would come from.
Dewey Desler, Deputy Administrator, stated the total to the end of 2012 would be
$259,000. He needs the Council's advice on its priorities. Appropriate emergencies are
legitimates uses of the reserve funds. He can provide a report and more detail at the next
meeting. Ultimately, the Council must decide the issue.
Mann asked if the money would come from the reserve, not any offsets. Desler
stated the money would come from reserves.
Weimer asked if there would be associated costs of equipment needs for these two
positions. Desler stated the major costs would be cars and computers. There are vehicles
in the fleet now, but they are obligated to continue to pay into the equipment rent and
revolve (ER &R) fund for the vehicle use. That amount is included in the cost of $208,000
per year.
Brenner asked about revisiting the budget mid - cycle.
Pete Kremen, Executive, stated Sheriff Elfo told him the County really needs these
two positions, specifically because of increased gang activity in Whatcom County. The
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Sheriff convinced him this is an appropriate use of general fund dollars, to help keep the
County's stellar track record of keeping crime down. The Sheriff said he needed the money
now. The intent is to continue to fund those two deputies through 2012. The normal
course of action is to approve the appropriation for the current year. If the Council deems it
necessary to continue the positions, it would continue the appropriation into the following
year.
Brenner stated the Council wants to make cuts to offset the extra expenditure. She
asked if the Council can do that this fall. Kremen stated the Council can do that at any
time. The Council is the decision -maker in terms of how many dollars are spent. The
administration only makes recommendations. The County Council approves and
appropriates funds. The Council can choose to use reserve funds or use offsets elsewhere.
The administration will work with the Council to come up with the best option for using
these tax dollars.
Brenner stated the Council can't bring forward budget amendments at any time
other than at budget time. The Council will count on the Executive to work with the Council.
Kershner stated they often hear that the court system is negatively impacted when
the Council increases the number of deputies. She asked if the Council should expect the
courts to come forward and ask for more money.
Bill Elfo, Sheriff, stated his strategy for these positions is to increase crime
prevention and deal with serious, habitual offenders who are involved in organized criminal
gang activity. If the County can get the repeat offenders off the street and into prison, the
County won't see them in the system again for awhile. They may see an additional surge,
but then hope to see the activity level off. The deputies will be uniformed deputies on
patrol. A crime prevention deputy will become a detective to work with the Prosecutor's
Office on follow up investigations of habitual criminals.
Larson stated he supports the request. He suggests eliminating premium pay of the
top 28 highest paid County employees, which comes to about $196,000 per year to fund the
request. He will look for other ways to cut expenses. They're talking about a $270,000
expenditure. The Executive said he was just made aware of the issue. The Sheriff was
asking for the money since November 2010. If they are going to add this expenditure, the
Council ought to look at ways to cut other expenditures that aren't high priority. From his
perspective, the premium pay and bonuses aren't high priority.
Kremen stated when he first became County Executive 16 years ago, just the car
allowance he received was 15 percent more than what he gets today. The County is
obligated to pay him in the amount of $.50 per mile for every mile he drives. The premium
pay actually saves the County money. There are a myriad ways of saving County taxpayer
dollars. Out of the 39 counties in Washington State, Whatcom County is the only County in
the entire state that has not raised property taxes for 16 years in a row. That's indicative of
how resourceful and effective they have been. They can offset the funding request from
reductions or using the existing reserve fund. There are several areas where they can cut
expenses.
Larson restated his motion to amend and moved to refer the sheriff deputy
request to the Finance Committee and have it repackaged for August 9 in the total amount
it would cost to fund the positions through 2012.
Whatcom County Council, 7/26/2011, Page 14
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Crawford stated he is in favor of the motion to amend. The County is having a tough
time with the budget and general fund. If they are going to expand the number of deputies,
he would like to see a longer term plan for the triggers, such as crime rates and gang
activity, so the requests would be more predictable. Sheriff Elfo runs the largest
department in the County. He has a lot of resources and players to move if necessary.
They added deputies to address the meth labs. When that crisis ended, the Sheriff was able
to take those resources and plug them into other spots. It was tough when this County had
to downsize 150 employees. Out of that, they froze only a few deputy positions. He
doesn't see that much of a changing circumstance. He shares the concerns about gang
activity. He wouldn't question any request to shift resources into this issue. He's not willing
to hire two more deputies at this time without understanding what triggers the need for
expanded resources.
Brenner stated the Council must decide its priorities. The Council decided that public
health and safety is one of the highest priorities they have. She didn't want those positions
frozen to begin with. Statistics show that crime and gang activity has gone up.
Crawford stated statistics show that crime has gone down.
Elfo stated crime has gone up five percent from 2009 to 2010. They have deployed
resources from other areas. He described how he's redeployed deputies. The meth
deputies are the only deputies they have against these career criminals and gangs. They
solved one problem and have moved on to another serious problem. He's not asking for
two additional positions. He's asking to unfreeze the positions frozen as part of this budget
process, consistent with what he asked for in his budget presentation last November.
Mann stated he is opposed to the amendment. Fund the deputies now. Reinstating
those frozen positions is their highest priority. Keep the proposal moving forward. The next
step is to have the administration explain how they can afford it now when they couldn't six
months or a year ago.
Kershner stated she will vote for the amendment with the expectation that the
administration will repackage the request through 2012.
Knutzen stated he agrees with Councilmember Kershner. Councilmember Larson has
valid concerns that should be answered. They should fund these deputies, but answer the
questions.
Brenner stated she wants the concerns answered also, but they don't have to do one
to get the other. That is holding something hostage. Move ahead with the deputies. The
Council has already requested they work to make cuts in the budget. One doesn't have
anything to do with the other.
vote:
The motion to amend carried by the following vote:
Ayes: Larson, Crawford, Knutzen and Kershner (4)
Nays: Brenner, Mann and Weimer (3)
The motion to adopt the substitute ordinance as amended carried by the following
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 7/26/2011, Page 15
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3. ORDINANCE AMENDING THE 2011 PROJECT BUDGET, REQUEST #1, CIVIC
CENTER BUILDING IMPROVEMENT (AB2011 -234) 10 :37:42 PM
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
Brenner stated she will not support the ordinance. They have not looked at and
worked on this building comprehensively by doing structural changes. They are throwing
good money after bad.
The motion carried by the following vote:
Ayes: Larson, Crawford, Weimer, Knutzen, Mann and Kershner (6)
Nays: Brenner (1)
4. ORDINANCE AMENDING THE 2011 PROJECT BUDGET, REQUEST #2, JAIL
AND JUVENILE CONTROLS REPLACEMENT (AB2011 -235) 10 :38 :47 PM
Mann reported for the Finance and Administrative Services Committee and 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)
5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WILSON ENGINEERING, LLC
TO PROVIDE PRIMARY ON -SITE CONSTRUCTION OBSERVATION AND
RELATED SERVICES FOR THE CHAREL TERRACE DRAINING IMPROVEMENTS
PROJECT IN THE AMOUNT OF $16,003 (AB2011 -243) 10 :39 :47 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: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND LOW BIDDER LEN HONCOOP
GRAVEL, INC. TO INSTALL CHAREL TERRACE DRAINAGE IMPROVEMENTS IN
THE AMOUNT OF $266,862.40 (AB2011 -244) 10 :40 :45 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, 7/26/2011, Page 16
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The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
7. REQUEST REVIEW AND APPROVAL OF THE 2011 -2012 INTEGRATED
ROADSIDE VEGETATION MANAGEMENT PLAN (AB2011 -254) 10:41:28 PM
Brenner reported for the Public Works and Safety Committee and moved to
approve the request.
Knutzen stated staff would give him a comparison of the mowing cost if done by a
contractor.
Brenner stated the committee asked staff to develop an ordinance to change the
Code to allow review when necessary or if councilmembers would like to review it instead of
annually.
Crawford asked if they are required to have the plan reviewed annually.
Frank Abart, Public Works Department, stated there was an ordinance some years
ago when there were concerns about how the department was performing this activity. This
was a way the Council could be exposed to it every year. He doesn't object to amend the
ordinance to allow review upon request.
Kershner asked if there has been discussion about the herbicides they use and using
more environmentally friendly herbicides. Abart stated they do that a lot.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Mann and Kershner (6)
Nays: Knutzen (1)
Knutzen stated that currently, they spend over $1 million in mowing. He'd like to
know the cost if the private sector took over the service.
8. ACCEPTANCE OF THE 2011 PUBLIC PARTICIPATION PLAN FOR THE
PERIODIC REVIEW REQUIRED BY THE GROWTH MANAGEMENT ACT (RCW
36.70A) (AB2011 -230) 10 :46 :56 PM
Roxanne Michaels, Planning and Development Services Department, stated she asks
for an amendment regarding public notification.
Larson moved to accept the plan as presented tonight by Planning staff, including
the amendment.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
9. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
DR. BRANDI ROW LAZZARINI TO THE WHATCOM COUNTY PUBLIC HEALTH
ADVISORY BOARD (AB2011 -256) 10 :48 :52 PM
Mann moved to confirm the appointment.
Whatcom County Council, 7/26/2011, Page 17
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The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
INTRODUCTION ITEMS 10:49:18 PM
Knutzen moved to accept Introduction Items one, three, and four. Item one has
substitute pages. Item two has been held in committee.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. ORDINANCE AMENDING COMPREHENSIVE PLAN AND THE OFFICIAL
COUNTY ZONING MAP TO IMPLEMENT CHANGES RELATING TO COMPLETION
OF THE 10 YEAR REVIEW OF THE URBAN GROWTH AREAS REQUIRED UNDER
THE GROWTH MANAGEMENT ACT (FERNDALE UGA) (AB2011 -255)
2.
0
ORDINANCE ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE
17 FLOOD DAMAGE PREVENTION (AB2011 -242)
ORDINANCE ESTABLISHING THE WHATCOM COUNTY VETERANS
ASSISTANCE PROGRAM (AB2011 -257)
4. RESOLUTION AMENDING THE WHATCOM COUNTY FLOOD CONTROL ZONE
DISTRICT AND SUBZONES BUDGET, REQUEST #1 (FOR BIRCH BAY
WATERSHED AND AQUATIC RESOURCES MANAGEMENT DISTRICT), IN THE
AMOUNT OF $420,000 (AB2011 -258)
OTHER BUSINESS
There was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Weimer stated he will be in Washington, D.C. next week.
Knutzen stated he and Councilmember Brenner took a tour of New Way Ministries.
He was very impressed with how they hold their residents accountable to a program. They
are doing good work in the community. He is encouraged that the residents are taking
responsibility for their futures.
Mann stated he took a farm tour of Enfield Farms with Farm Friends and other
councilmembers. It was encouraging to see what they're capable of.
Whatcom County Council, 7/26/2011, Page 18
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ADJOURN
The meeting adjourned at 10:53 p.m.
The Council approved these minutes on September 13 , 2011.
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, 7/26/2011, Page 19