HomeMy WebLinkAboutCouncil June 21 20111
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WHATCOM COUNTY COUNCIL
Regular County Council
June 21, 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
Crawford announced that attorney Sandy Mackie presented a regulatory
update on shorelines, critical areas, and growth management in Whatcom County
(AB2011 -186) during the Special Committee of the Whole.
Crawford also 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. The next County Council meeting is in three
weeks. He expects a tentative Lummi Island Ferry lease agreement will be introduced in
three weeks.
SPECIAL PRESENTATION
1. COUNCIL TO RECEIVE A FORMAL INVITATION TO THE COAST
SALISH /CANOE JOURNEY DAY TO BE HELD AT BOULEVARD PARK ON JULY 9,
2011 - AB2011 -017
Beth Brownville described the history of the Canoe Journey. The Lummi Tribe is
being recognized as the first inhabitants of the area lands and waters.
Cara Black invited the County Council to attend the event.
2. COUNTY EXECUTIVE KREMEN WILL PRESENT COMMENDATION TO JOE
RUTAN, COUNTY ENGINEER / ASSISTANT PUBLIC WORKS DIRECTOR, ON
HIS RECENT WSACE URBAN ENGINEER OF THE YEAR AWARD - AB2011 -017
Pete Kremen, County Executive, recognized Joe Rutan, County Road Engineer, who
received the County Engineer of the Year award from his peers. Also, District Court
Administrator Bruce Van Glubt was awarded the 2011 Excellence in Probation Award by the
Washington State Misdemeanant Corrections Association, the professional association for
probation officers and directors in the state of Washington. Finally, Remy McConnell, who is
Kurt Christensen's assistant, received the International Association of Administrative
Professionals (IAAP) Member of the Year award for the Washington /Alaska Division.
Whatcom County Council, 6/21/2011, Page 1
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MINUTES CONSENT
Brenner moved to approve Minutes Consent items one through four.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. COMMITTEE OF THE WHOLE FOR MAY 24, 2011
2. REGULAR COUNTY COUNCIL FOR MAY 24, 2011
3. SPECIAL COMMITTEE OF THE WHOLE FOR JUNE 7, 2011
4. REGULAR COUNTY COUNCIL FOR JUNE 7, 2011
OPEN SESSION
(Clerk's Note: The first speaker requested that his /her testimony not be
included in the minutes. The speaker's testimony is available on the meeting's
audio recording.)
Leonard Lindstrom spoke on the issue of teachers.
Bruce Diele spoke on the issue of mail theft.
PUBLIC HEARINGS
1. ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO THE PUBLIC
UTILITY DISTRICT NO. 1 OF WHATCOM COUNTY FOR THE PROVISION OF
ELECTRICITY SERVICES - AB2010 -327 (7 :24 :09 PM)
Crawford opened the public hearing, and the following people spoke:
Steve ]ilk, Public Utility District (PUD) #1 Representative, stated he thank Prosecutor
Dan Gibson and Engineer Joe Rutan for their work during the last
ordinance. It should be noted that the PUD currently operates ai
system, serving Conoco - Phillips at Cherry Point. The franchise w
electric and water has expired. In renewing the franchise, th
combined water utility and electric utility, to move this forward qL
from the last franchise. It would cover the entire county.
Hearing no one else, Crawford closed the public hearing.
(7 :28 :17 PM)
Knutzen moved to adopt the ordinance.
several months on this
electrical transmission
th the County for both
!y agreed to split the
cker. This is a change
Brenner asked how the PUD competes with the private sector. Jilk stated they don't
generally compete. The PUD electrical service was established in 1953. They have not
expanded since then. They are expanding now to take advantage of opportunities with
Puget Sound Energy (PSE). The PUD buys all power from the Bonneville Power
Administration. They are working with larger companies to possibly serve them. This is not
an attempt to take services from PSE in the rest of the county.
Whatcom County Council, 6/21/2011, Page 2
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The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS
PROPERTY PURSUANT TO WCC 1.10 - AB2011 -199A (7 :31:26 PM)
Crawford opened the public hearing and, hearing no one, closed the public hearing.
Mann moved to approve the resolution.
Brenner stated some of these vehicles aren't old and don't have many miles on
them. She is against surplusing some of the items. The County should be more careful
when surplusing these things.
The motion carried by the following vote:
Ayes: Larson, Crawford, Weimer, Knutzen, Mann and Kershner (6)
Nays: Brenner (1)
CONSENT AGENDA (7 :32 :57 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through six.
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
CONSULTANT AGREEMENT BETWEEN WHATCOM COUNTY AND WATERSHED
SCIENCE & ENGINEERING FOR PREPARATION OF A SEDIMENT TRANSPORT
ANALYSIS IN THE VICINITY OF THE MOSQUITO LAKE ROAD CANYON CREEK
BRIDGE NO. 334 IN THE AMOUNT OF $29,700 - AB2011 -216
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE ARC OF WHATCOM
COUNTY TO PROVIDE COMMUNITY INFORMATION, EDUCATION AND FAMILY
SUPPORT SERVICES TO INDIVIDUALS WITH DEVELOPMENTAL
DISABILITIES, THEIR FAMILIES /CAREGIVERS, AND THE PUBLIC IN THE
AMOUNT OF $54,188 - AB2011 -217
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND COMMODITY
CREDIT CORPORATION TO REMOVE FARMS NO LONGER INTERESTED IN PDR
PROGRAM TRANSACTIONS, AND DE- OBLIGATE THE ASSOCIATED $592,933
FOR USE AS MATCHING FUNDS FOR PURCHASE OF DEVELOPMENT RIGHTS
EASEMENT ACQUISITIONS - AB2011 -218
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
STANDARD SOFTWARE MAINTENANCE AGREEMENT BETWEEN WHATCOM
COUNTY AND NEW WORLD SYSTEMS FOR THE AEGIS PUBLIC SAFETY
INTERFACE SOFTWARE IN THE AMOUNT OF $33,954 - AB2011 -219
Whatcom County Council, 6/21/2011, Page 3
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5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LAND
LICENSE AGREEMENT BETWEEN WHATCOM COUNTY AND KIM DENEND OF
MOON VALLEY NATURAL PRODUCTS, LLC TO ACCESS PARK LAND ON SOUTH
BAY DRIVE TO USE AS A STAGING /HOLDING AREA FOR BEE BOXES IN THE
AMOUNT OF $100 - AB2011 -220
6. RESOLUTION AMENDING CRP NO. 909006 AND APPROVAL FOR THE COUNTY
EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND
LOW BIDDER, P & P EXCAVATING, LLC FOR EMERALD LAKE WAY SLIDE
REPAIR IN THE AMOUNT OF $265,699.09 - AB2011 -221
OTHER ITEMS
1. REQUEST COUNCIL APPROVAL OF LILY POINT MARINE PARK DEVELOPMENT
PLAN (PROJECT FUNDED BY GRANTS AWARDED TO WHATCOM COUNTY
FROM THE WASHINGTON STATE RECREATION AND CONSERVATION OFFICE)
- AB2011 -214 (7:33:38 PM)
Weimer reported for the Natural Resources Committee and stated this item was held
until the next committee meeting.
2. ORDINANCE AMENDING THE 2011 WHATCOM COUNTY BUDGET, SIXTH
REQUEST, IN THE AMOUNT OF $216,582 - AB2011 -207 (7:34:12 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)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM
COUNTY FLOOD CONTROL ZONE DISTRICT AND SUBZONES FOR DISTRICT
OPERATIONS AND ADMINISTRATION - AB2011 -151 (7:35:00 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors and the County Council.)
Mann reported for the Finance and Administrative Services Committee and moved
for the County Council to approve the substitute version, beginning on Council packet
page 41. He moved to amend the substitute version to keep the existing language
regarding designated staff in all eight applicable instances in sections 3.6, 3.7. 3.9, and
3.10. In the third reference in section 3.6, also remove the word "shall."
The motion to amend carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Crawford moved to amend the substitute version, section 2.2.2, "The District or a
subzone shall pay the County...." He doesn't know why they wouldn't expect the districts to
reimburse for staff time in most cases.
Whatcom County Council, 6/21/2011, Page 4
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Larson stated that if the motion were approved, none of the advisory committee
recommendations are accepted, and this document would be the same as the original
document. An advisory committee member said this language reflects the reality on the
ground. He will support the proposed language.
The motion to amend failed by the following vote:
Ayes: Crawford, Weimer and Mann (3)
Nays: Knutzen, Brenner, Larson and Kershner (4)
The motion for the Council to approve the substitute as amended carried by the
following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Mann moved that the Whatcom County Flood Control Zone District Board of
Supervisors approve the substitute version as amended.
The motion for the Board of Supervisors to approve the substitute as amended
carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
(7:43:16 PM)
Mann reported that the Finance and Administrative Services Committee had a
discussion Regarding a Proposal to Amend the Whatcom County Charter to Create
a Salary Commission (AB2011 -224) when Jack Hovenier brought forward a request to
amend the Charter to create a salary commission. He moved to direct Council staff to draft
and legal counsel to review an ordinance the Council can introduce on July 12 and schedule
a hearing on July 26.
Brenner stated the Council can't set its own salary. It sets the salary of future
councils. Also, she wants a commission to have the authority to decrease salaries, not just
raise them.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
(7:48:25 PM)
Kershner asked to reconsider the request for 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). She moved to approve the request and award the bid. This project was
in the capital facilities plan. The Council approved the project when it approved the budget
in November. Parks staff have put 350 hours into this project. Tax dollars should go to
projects the Council will eventually approve, not projects that are shut down at the last
moment. Make those decisions earlier in the process, before time and money are spent on
projects.
Whatcom County Council, 6/21/2011, Page 5
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Brenner stated a $100,000 parking lot for a trailhead isn't necessary. It's past time
for the Council to start prioritizing what the County needs. At some point, the Council has
to say no regardless of where in the process the project is at. Don't vote for this project.
Larson stated he is against the request. The Council has a responsibility to look at
every line item that comes up, and decide if it makes sense at this point. They are in a
different situation than they were a few years ago when these projects came through. As
part of this, the Council will review the capital facilities plan and prioritize the projects.
Knutzen stated he didn't vote for this project in the budget or the capital facilities
plan. That's why they have elections. The Council can change. He will not vote for this
tonight. He agrees with Councilmember Brenner. At a time when families have lost their
jobs and are struggling to feed themselves, the County must distinguish between needs and
wants.
Mann stated the Council is scheduling a review of the project list at the next
meeting. He is willing to wait until then to change his vote. For now, past money spent
isn't a good reason to continue to spend money on the project. He hopes the hours spent
on the project will still be valid in the future when the County has money for the project.
Kershner stated these are tax dollars collected from the tax payers. It's not a bank
account the County gets to build. Tax payers expect the County to use taxes on services
they can use and enjoy. This is not an issue of the County not being able to afford this
project. The funds are coming from the real estate excise tax (REET) II funds. They can't
use REET funds to feed people who have lost their jobs. Most of the councilmembers voted
to approve an unbalanced general fund budget in November. She asked how they are going
to return the taxpayers' money if the County doesn't spend this money. The money
shouldn't be sitting in a bank account at the County level.
Brenner stated the REET II funds allows other uses that are necessary, such as for
stormwater facilities. Use the money for what the County is mandated to do. That money
will not sit in an account. It will be spent on mandated uses.
The motion failed by the following vote:
Ayes: Crawford, Weimer and Kershner (3)
Nays: Larson, Brenner, Knutzen and Mann (4)
4. RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT BETWEEN
WHATCOM COUNTY AND HARBOR SHORES, LLC - AB2010 -446 (7:57:07 PM)
Knutzen reported for the Planning And Development Committee and 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)
5. ORDINANCE REPEALING WHATCOM COUNTY CODE 9.20, CURFEW - AB2011-
197 (7:57:48 PM)
Larson moved to adopt the ordinance.
The motion carried by the following vote:
Whatcom County Council, 6/21/2011, Page 6
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Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
6. 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
(8:00:28 PM)
Crawford stated the moratorium was in effect while the Council worked on the rural
element, which has been done. This is the follow up to repeal that moratorium on areas
that have been rezoned.
Kershner asked if the County had one or two moratoria.
Karen Frakes, Prosecutor's Office, stated there were two moratoria. The first
moratorium has already expired.
Brenner stated this has nothing to do with the Lake Whatcom watershed
moratorium.
(Clerk's Note: There was no motion to adopt the motion. Councilmember Crawford
called for a vote to approve.)
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Crawford stated it was his intent to move adoption of the ordinance before the vote.
7. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
FREDERICK HASLAM TO THE WHATCOM COUNTY LIBRARY SYSTEM BOARD -
AB2011 -222 (8:02:45 PM)
Mann 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)
INTRODUCTION ITEMS
Brenner moved to accept Introduction Items one through three, including the
substitute version of item three.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. RECEIPT OF AN APPEAL OF THE HEARING EXAMINER'S DECISION ON
LSS2009 -0002, BERTRAND CREEK ESTATES PRELIMINARY APPROVAL FOR A
LONG SUBDIVISION, FILED BY BARBARA DYKES, SALISH LAW, ON BEHALF
OF JOHN AND KAREN STEENSMA, ET AL. - AB2011 -211
Whatcom County Council, 6/21/2011, Page 7
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2. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.14 WIND ENERGY
SYSTEMS - AB2011 -223
3. ORDINANCE AMENDING THE ELIGIBILITY CRITERIA FOR APPLICATION TO
THE COUNTY AGRICULTURE PURCHASE OF DEVELOPMENT RIGHTS
PROGRAM - AB2011 -215
4. ORDINANCE AMENDING THE COMPREHENSIVE PLAN, URBAN GROWTH
DESIGNATION, AND COMPREHENSIVE PLAN AND ZONING MAP
DESIGNATIONS FOR PROPERTY IN THE YEW STREET RESERVE URBAN
GROWTH AREA - AB2011 -210
This item was withdrawn from the agenda.
OTHER BUSINESS
Brenner read an email from the Open Public Meetings Ombudsman for the State
Attorney General's Office regarding the appearance of fairness doctrine as it applies to
quasi - judicial proceedings. The Prosecutor's Office decided to advise staff to withhold
emails regarding a pending quasi - judicial matter that will come before the Council. She
wants to make sure she receives all mail sent to the Council, even if she has to submit a
records request daily.
Crawford stated he will continue to work on a policy regarding this matter that
follows the letter of the law while allowing access to constituents. It's a tricky situation.
The application has been filed.
Brenner stated the Attorney General knew the application had been filed. He knows
all about it. Council correspondence is supposed to be given to the councilmembers in a
timely manner. That doesn't mean in weeks. She wants her mail.
Kershner asked for more information or a presentation on the major project
application. She would like to know what the Council will eventually see and when it will
come forward.
Crawford stated he will try to schedule a consultation with the Prosecutor's Office.
Brenner stated that when she receives an email, she responds by sending them a
copy of language that legal counsel pre- approved. The language lets people know who they
should contact, what the public process is, how they can contribute to the public process,
and at what point the Council is able to receive and view that information. They are
discriminating against people who aren't writing to the councilmembers' individual email
addresses. People who are sending the email to the Council email address don't know that
the Council isn't getting the email. That's not right. It's councilmembers' responsibility to
maintain their impartiality. It's not the responsibility of someone to withhold her mail.
Larson stated they are talking about the Gateway Pacific Terminal project. The issue
became quasi - judicial when the County received the application on June 10. Any time the
Council enters a quasi - judicial status, the councilmembers should be noticed.
Mann stated he supports Councilmember Brenner. The Council doesn't need its
email censored. The councilmembers can be trusted to handle the information.
Whatcom County Council, 6/21/2011, Page 8
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Pete Kremen, County Executive, stated this policy that Ms. Brenner is referring to
has nothing to do with the administration.
Crawford stated the Council is trying to follow the rules regarding quasi - judicial
decisions. Legal counsel has been alert to the rules and attempted to keep the Council
abreast of what the councilmembers can and can't do. This matter is an important issue to
the community. However, they must make sure they make decisions fairly, on the record,
and following all the steps in this quasi - judicial manner.
Brenner stated she has done that all along. The Attorney General told her she can
verbally say she is making a Freedom of Information request for that mail. She is making a
verbal, public request for her mail, which she wants every day.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Mann stated times are tough for many folks in the community, which he's been
reminded of due to recent events that happened to him.
Brenner stated she's forwarded everything she's received regarding the quasi - judicial
matter to the County's Environmental Impact Statement (EIS) official. This is her and her
husband's 28th anniversary.
ADJOURN
The meeting adjourned at 8:11 p.m.
The Council approved these minutes on July 12 , 2011.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council@�omhatcomma.us
Whatcom County Council, 6/21/2011, Page 9