HomeMy WebLinkAboutCouncil June 7 20111
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WHATCOM COUNTY COUNCIL
Regular County Council
June 7, 2011
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 7:00 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
There were no announcements.
SPECIAL PRESENTATION (7 :01 :38 PM)
1. COUNTY EXECUTIVE PETE KREMEN WILL PRESENT THE "STATE OF THE
COUNTY" ADDRESS - AB2011 -204
Superior Court Judge Ira Uhrig played the bagpipes for the County Executive.
Pete Kremen, County Executive, submitted (on file) and read from the State of the
County Address.
MINUTES CONSENT (7 :31 :49 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 APRIL 26, 2011
2. REGULAR COUNTY COUNCIL FOR APRIL 26, 2011
3. SPECIAL COMMITTEE OF THE WHOLE FOR MAY 10, 2011
4. COMMITTEE OF THE WHOLE FOR MAY 10, 2011
Whatcom County Council, 6/7/2011, Page 1
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5. REGULAR COUNTY COUNCIL FOR MAY 10, 2011
OPEN SESSION (7:32:33 PM)
The following person spoke:
• Bruce Diele spoke about bear sightings in Lynnwood and Port Orchard areas
and his homelessness.
CONSENT AGENDA (7:36:19 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through three.
The motion to approve Consent Agenda items one through three 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 AN
AGRICULTURAL LICENSE AGREEMENT BETWEEN WHATCOM COUNTY AND
COLDSTREAM FARM, LLC TO ACCESS AND HARVEST THE HAY CROP ON THE
FARM LAND KNOWN AS SOUTH FORK PARK — GALBRAITH FARM PARCEL, IN
THE AMOUNT OF $3,840 - AB2011 -200
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AGREEMENT AND LEASE BETWEEN WHATCOM COUNTY AND THE POINT
ROBERTS PARKS AND RECREATION DISTRICT TO SUPPORT THE PARKS &
RECREATION DEPARTMENT SENIOR SERVICES PROGRAM AND USE OF THE
COMMUNITY CENTER - AB2011 -201
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #11 -38
TO THE LOW BIDDER, MT. BAKER ROOFING, FOR REPLACEMENT OF THE
HOVANDER PARK BARN AND MILKHOUSE ROOFS IN THE AMOUNT OF
$47,132.40 - AB2011 -202
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #11 -34
TO THE LOW BIDDER, FABER BROTHERS CONSTRUCTION, FOR THE
CONSTRUCTION OF THE OLSEN TRAILHEAD PARKING LOT IN THE AMOUNT
OF $93,498.38 - AB2011 -203
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Brenner stated Faber Brothers does an excellent job, but this is funded with real
estate excise tax (REET) II money, which should be used for stormwater facilities. The
economy won't quickly turn around. The County will be mandated to provide stormwater
facilities. The REET II money should be used for necessities, not for things they want.
Kershner asked if the Parks Department budget can fund this project.
Whatcom County Council, 6/7/2011, Page 2
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Dewey Desler, Deputy Administrator, stated they would have to cut something from
the Parks Department budget and use general fund dollars.
Larsen stated he is against the request. They need to start looking at the big
picture, not the details. Clearly, a parking lot would be helpful, but this money can be used
on stormwater and other issues. He requested that they reconsider park priorities in the
capital plan for parks. Until they do that, he will vote against this request.
Mann stated he is against the request. He generally doesn't like to spend money on
big road projects. This project is something they'd like to have, but it isn't necessary for
safety or environmental reasons. He would be willing to wait until after the reconveyance
goes through, because this parking lot would be access for those lands.
Mike McFarlane, Parks and Recreation Department Director, stated they have been
working on this project for almost three years. There is a long budgeting, approval,
permitting, and construction process. They have a narrow window to work in the
watershed. The City of Bellingham and County are partner owners. The property includes a
conservation easement with the Whatcom Land Trust. Other folks weigh in through the
permitting process. This is the culmination of all the work.
Obviously people could park along the road. The property has four miles of trails.
There were some drainage problems that were fixed. It's heavily used by the public from
folks at the Stimpson property and Sudden Valley residents. This is a modest development.
The requests for all the park projects were submitted and evaluated. Compared to other
park projects, this is not the most essential, but a lot of staff and resources are in the
project.
The REET II funds and grants are the two primary sources of capital project funds for
the Parks Department. They try to leverage those funds whenever they can. They don't
have to do this project, but some of the permits will expire. Additional costs would be
required in the future if they want to do the project in the future. It would be helpful to
know if the Council wants to hold projects as opposed to bringing them forward.
Mann stated he appreciates that costs have been spent already. The project has
merit. The question is whether they can afford the project right now. He asked if they can
extend permits to delay construction for a year to three years. McFarland stated they could,
but not indefinitely. Rules and regulations change. He continued to describe changes made
to the project already.
Desler stated described the Parks plan and Capital Improvement Plan. They also
approved a budget for the plan. Now they must reconsider the nature of the projects
already approved for the current two -year period and talk about the REET II fund. They are
dramatically expanding expenditures for stormwater projects from the REET II fund. The
general fund is where the problem is.
Weimer stated he agrees that stormwater obligations are a higher priority than
parking lots. However, he hates to stop something when it's to the point of fruition. When
the Council passed the budget last fall, it reduced the amount of flood control money going
toward stormwater in favor of using REET funds for those costs. The REET seemed healthy
enough to cover the stormwater costs. He asked if that's correct. Desler stated that is
correct. There are a few park projects they approved to fund, including this project.
Whatcom County Council, 6/7/2011, Page 3
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Weimer stated that when the Council approved the budget, they knew they could
handle stormwater costs plus finish these park projects that have been in the process. He
will support the request.
Brenner stated they have to change with the times. The economy is not good
enough to spend money on an unnecessary parking lot right now. There is no way there is
enough money to take care of the stormwater facilities they need in the Lake Whatcom
watershed alone. This is a lot of money.
Pete Kremen, County Executive, stated times are obviously tough. There are about
250 to 300 staff hours in the development of this project. That doesn't give them license to
spend money, but that time spent is money. The taxpayers of Whatcom County have foot
the bill for approximately 250 to 300 hours. If anyone on the Council is not inclined to
support the reconveyance, he would support a trade of this money to support the
reconveyance.
Crawford stated this has been part of the Comprehensive Parks Plan for a long time.
The property used to be filled with junk cars and remnants of structures, which have been
cleaned up. They have an agreement with the Land Trust for management. They are able
to take advantage of the construction companies being extremely competitive.
Knutzen asked about cost - sharing with the Land Trust and the City of Bellingham.
McFarland stated each partner has responsibilities and restrictions in terms of what they're
doing. The County responsibility is to provide recreational amenities and public access. The
City cost - shared on the purchase for watershed preservation. The Land Trust has the
conservation easement to ensure everything stays forested and protects from erosion
problems.
The motion failed by the following vote:
Ayes: Crawford, Weimer and Kershner (3)
Nays: Larson, Brenner, Knutzen and Mann (4)
OTHER ITEMS
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND ESA ADOLFSON,
INC. TO AMEND THE ORIGINAL SCOPE OF WORK IN THE AMENDED AMOUNT
OF $19,872 FOR A TOTAL AMENDED AMOUNT OF $257,478 - AB2011 -191
(7:58:31 PM)
Mann reported for the Finance And Administrative Services Committee and moved
to approve the request. He moved to amend the contract, Exhibit A -2, the second
assumption on Council packet page 15, 'The LID Manual will undergo no more than two (2)
rounds of revisions. This task is limited to revising the existing draft manual; rnaJeF
The motion to amend carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 6/7/2011, Page 4
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The motion to approve as amended carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. RESOLUTION IN THE MATTER OF THE SALE OF SURPLUS PROPERTY AND
SETTING A DATE FOR PUBLIC HEARING PURSUANT TO WCC 1.10 - AB2011-
199 (8:01:00 PM)
Mann reported for the Finance And Administrative Services Committee and moved
to approve the resolution.
Brenner stated she is against the resolution. Many of the non - Sheriff's Office
vehicles are under 100,000 miles. Don't surplus those vehicles at this time. She's not
convinced these aren't in fine shape. Keep the vehicles as backup. They can be slightly
maintained once in a while. Several items don't have any information, including a snow
plow and other equipment. She would like more information before voting to surplus those
items. They get few pennies on the dollar when they surplus equipment at auction.
The motion carried by the following vote:
Ayes: Larson, Crawford, Weimer, Mann and Kershner (5)
Nays: Brenner and Knutzen (2)
3. APPOINTMENT TO FILL A VACANCY ON THE NORTH LYNDEN WATERSHED
IMPROVEMENT DISTRICT, APPLICANT: DONALD VAN MERSBERGEN -
AB2011 -161 (8:03:55 PM)
Knutzen moved to appoint Donald Van Mersbergen.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
4. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S REAPPOINTMENT
OF GIL THURSTON AND GEORGE WHITE TO THE NORTHWEST SENIOR
SERVICES BOARD - AB2011 -205 (8:04:13 PM)
Brenner moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
S. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
SARAH CATUDIO TO THE DEVELOPMENTAL DISABILITIES BOARD - AB2011-
206 (8 :04 :36 PM)
Kershner moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 6/7/2011, Page 5
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6. RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT BETWEEN
WHATCOM COUNTY AND HARBOR SHORES, LLC - AB2010 -446 (8:05 :07 PM)
Knutzen reported for the Planning and Development Committee and stated this item
is held in committee for two weeks.
INTRODUCTION ITEMS (8:05 :37 PM)
Mann moved to accept the Introduction Items, including the substitute versions of
items three and four.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. ORDINANCE REPEALING WHATCOM COUNTY CODE 9.20, CURFEW - AB2011-
197
2. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS
PROPERTY PURSUANT TO WCC 1.10 - AB2011 -199A
3. ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO HARBOR SHORES
SEWER CORPORATION TO ALLOW FOR THE PROVISION OF SEWER
SERVICES ALONG CERTAIN ROADS AND HIGHWAYS WITHIN THE
UNINCORPORATED AREAS OF WHATCOM COUNTY FOR A PERIOD OF 25
YEARS - AB2011 -134
4. ORDINANCE AMENDING THE 2011 WHATCOM COUNTY BUDGET, SIXTH
REQUEST, IN THE AMOUNT OF $21ter ,082 - AB2011 -207 Amended
$216,582
5. ORDINANCE REPEALING ORDINANCE 2011 -002, WHICH IMPOSED AN
INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR
SUBDIVISIONS AND SHORT SUBDIVISIONS IN RURAL AREAS - AB2011 -209
OTHER BUSINESS (8 :08 :09 PM)
There was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (8 :08 :14 PM)
Brenner stated the jail task force group got off to a good start. She's impressed with
the people on the Task Force. Everyone will support the information that comes to the
Council.
Kershner stated she rode the Ski to Sea bus to Mt. Baker. The Ski to Sea
organization is in excellent hands with Pete Coy at its helm. He is a true leader. She
recommends the experience.
Whatcom County Council, 6/7/2011, Page 6
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ADJOURN
The meeting adjourned at 8:09 p.m.
The Council approved these minutes on June 21 , 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, 6/7/2011, Page 7