HomeMy WebLinkAboutCouncil May 24 20111
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WHATCOM COUNTY COUNCIL
Regular County Council
May 24, 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 (7 :02 :16 PM)
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken
Mann, and Carl Weimer
Absent: Tony Larson
FLAG SALUTE
ANNOUNCEMENTS (7 :02 :28 PM)
Pete Kremen, County Executive, announced that he will not seek re- election as
County Executive.
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.
MINUTES CONSENT (7 :08 :27 PM)
Brenner moved to approve the Minutes Consent items.
The motion carried by the following vote:
Ayes: Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Larson (1)
1. SPECIAL COMMITTEE OF THE WHOLE FOR MAY 3, 2011
2. SPECIAL COMMITTEE OF THE WHOLE FOR MAY 17, 2011
OPEN SESSION (7 :08 :47 PM)
The following people spoke:
• Patrick Alesse, 4825 Alderson Road, stated he thanks Executive Kremen for
serving Whatcom County.
• Michelle Luke, Lummi Island, stated she thanks Executive Kremen for serving
Whatcom County.
Whatcom County Council, 5/24/2011, Page 1
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• Carol McDonald, 8174 Mt. Baker Highway, stated she thanks Executive
Kremen for serving Whatcom County.
PUBLIC HEARING
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 10.44, HORSES ON
CERTAIN ROADS - AB2011 -162 (7:11:26 PM)
Crawford opened the public hearing, and the following person spoke:
Patrick Alesse, 4825 Alderson Road, stated people can clean up after their horses. It
happens during recreational time. They need recreational activities in Birch Bay.
Hearing no one else, Crawford closed the public hearing.
Mann moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Larson (1)
CONSENT AGENDA (7:14:00 PM)
Mann reported for the Finance and Administrative Services Committee and moved to
approve Consent Agenda items one and three through six. Item two must be addressed by
the Flood Control Zone District Board of Supervisors.
Knutzen withdrew item one.
The motion to approve Consent Agenda items three through six carried by the
following vote:
Ayes: Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Larson (1)
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
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Brenner stated this amendment is to make it easier for people to use low impact
development incentives.
Kershner stated she is against the request at this point, and moved to hold in
committee for two weeks to do more research. The scope -of -work is not clearly in line with
the direction of the Planning Commission.
Whatcom County Council, 5/24/2011, Page 2
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Crawford stated he is against the motion to hold in committee. This has been well
vetted. The concerns of the Planning Commission are not falling on deaf ears. There is an
issue of whether this could be a case of additional good money chasing after bad money, if
this doesn't work. The purpose is to address concerns about ease of use. Also, the national
pollutant discharge and elimination system (NPDES) standards come out in July. This work
will not be done before then, even if approved tonight. A diverse panel will continue to look
at this and give input to the Planning Commission and contractor. He shares concerns, but
is willing to spend this additional amount of money to continue the process to try and make
it work.
Brenner stated she will support the motion. People should feel at ease with this.
She trusts the staff's intent to make it easier and to work with the advisory committee.
Mann stated this comes out of committee with two votes in favor, including
Councilmember Kershner. Based on that, he would like to hold in committee to respect
Councilmember Kershner, although he supports the request. It's good to get answers to
any questions and to make sure the community believes in it. It sounds like there has been
a lot of behind - the - scenes discussion. He would like that discussion to get out into the
open.
The motion to hold in committee carried by the following vote:
Ayes: Brenner, Knutzen, Mann and Kershner (4)
Nays: Weimer and Crawford (2)
Absent: Larson (1)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY FLOOD CONTROL DISTRICT AND
LINSLEY, KRAEGER ASSOCIATES, LTD. FOR THE PREPARATION OF A
TECHNICAL REPORT DOCUMENTING THE RECENT CALIBRATION AND
REFINEMENT WORK TO THE FEQ HYDRAULIC MODEL, IN THE AMOUNT OF
$36,000 - AB2011 -192
(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: Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Larson (1)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT
AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON
ASSOCIATION OF SHERIFF'S AND POLICE CHIEFS TO CONTINUE TO FUND
THE RECORDS SPECIALIST POSITION IN THE DRUG TASK FORCE, IN THE
AMOUNT OF $18,525 - AB2011 -193
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #11 -35
TO THE LOW BIDDER, WESTERN REFINERY SERVICES, INC. FOR STREET
SWEEPING AND CLEANING SERVICES IN THE LAKE WHATCOM AND LAKE
Whatcom County Council, 5/24/2011, Page 3
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SAMISH WATERSHEDS IN THE AMOUNT OF $98,200 PER YEAR FOR UP TO
THREE ANNUAL RENEWALS - AB2011 -194
5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF THREE CROSS BAND REPEATERS FOR THE WHATCOM COUNTY
SHERIFF'S OFFICE USING THE WASHINGTON STATE CONTRACT FROM
DANIELS CORPORATION, IN THE AMOUNT OF $235,000 - AB2011 -195
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #11 -40
TO TRIVAN TRUCK BODY LLC FOR INTERIOR CONVERSION AND
INSTALLATION OF EQUIPMENT IN THE COMMUNICATIONS VAN FOR THE
WHATCOM COUNTY SHERIFF'S OFFICE, IN THE AMOUNT OF $113,615.83 -
AB2011 -196
OTHER ITEMS
1. ORDINANCE AMENDING THE 2011 WHATCOM COUNTY BUDGET, FIFTH
REQUEST, IN THE AMOUNT OF $1,182,185 - AB2011 -179 (7 :25 :00 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
The motion carried by the following vote:
Ayes: Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Larson (1)
2. RESOLUTION STATING THE WHATCOM COUNTY COUNCIL'S INTENTION TO
ENSURE ADEQUATE DEVELOPMENT STANDARDS IN THE LAKE WHATCOM
WATERSHED - AB2011 -184 (7 :25 :39 PM)
Brenner moved to approve the resolution. This shares the Council's intent to make
sure there are protective measures in place until the new standards are developed and
passed.
Crawford asked how a resolution would say that changes already approved would not
become effective until June 21,2012.
Karen Frakes, Prosecutor's Office, stated a resolution has no force of law.
Crawford stated they've already passed the zoning, which is in effect now. Executive
Kremen already signed it.
Brenner stated the moratorium is in effect, also.
Frakes stated it's Councilmember Brenner's way of saying that the moratorium, when
it comes up again, is a good thing.
Brenner stated this language was brought up during the rural element ordinance. It
made sense at the time. She heard from one or two councilmembers who didn't have a
problem with it, but didn't feel that it belonged in the rural element ordinance. This is a
separate resolution for the public.
Whatcom County Council, 5/24/2011, Page 4
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Crawford stated he is opposed. It doesn't make sense, if the intent is to continue a
moratorium that is currently in place. At the time the moratorium is renewed,
councilmembers can vote at that point. He would like to know the precise standards the
County isn't meeting. He's been told that the adopted standards aren't consistent with
various zoning types, which the Council will work on this summer. He doesn't know how it's
inconsistent. When that comes forward, they can determine if those regulations and
restrictions are necessary.
Brenner stated the County Executive is working on standards with the Department of
Ecology. This is out of respect of their work. Those draft standards will go before the
Planning Commission some time this year. The resolution would extend the moratorium
until next June, giving the County plenty of time to work through the standards. This
resolution shows the County Council's intent to develop those standards. Ecology wants
those standards. The Executive has committed to work on them.
Weimer stated he supports the resolution. There were many concerns expressed
through the total maximum daily load (TMDL) study process and the rural element process
about the Council going the wrong direction regarding Lake Whatcom. This is a statement
that the Council will take a look at what the Executive promised to do.
Mann stated the resolution has no force of law. They must do something about the
lake. He hopes they do more than pass toothless resolutions.
The motion carried by the following vote:
Ayes: Brenner, Weimer, Knutzen, Mann and Kershner (5)
Nays: Crawford (1)
Absent: Larson (1)
3. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENTS TO
THE WHATCOM COUNTY JAIL PLANNING TASK FORCE - AB2011 -078B
(7:32:22 PM)
Mann moved to confirm the appointments.
Brenner stated she would like to add two more appointees, Greg Brown and Irene
Morgan, for a total of 15 members. She described the benefits of appointing these two
additional applicants.
Knutzen asked the total number of applicants.
Pete Kremen, County Executive, stated there were a total of 24 applicants. They
originally talked about appointing six members, and expanding it to between nine and
eleven members, not 15 members. He would reluctantly be willing to add the two
applicants that Councilmember Brenner suggested. However the task force proponents
didn't want it to become unwieldy.
Crawford stated he hasn't seen the applications of these two people. Several people
asked him to advocate for other applicants.
Brenner stated she met with the Right Sized Jail representatives and the Sheriff.
When they left the meeting, they had agreed on 13 or 15 members. The County Executive
Whatcom County Council, 5/24/2011, Page 5
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was gracious to put this together. She doesn't want to change the work he did. The
perspectives of those two people would broaden the Task Force.
The motion carried by the following vote:
Ayes: Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Larson (1)
Brenner moved to request the Executive to expand the task force by two more
applicants. They have been really involved since the beginning.
Knutzen stated he is against the motion. They are opening a Pandora's box. He
would like to appoint certain people also. As qualified as Mr. Brown and Ms. Morgan are, he
can't support adding more people.
Mann stated he agrees with Councilmember Knutzen. It is getting too big. He would
rather remove applicants rather than add more. There are certain folks that he wanted the
Executive to appoint. It's a good list of applicants. Go forward with what they have now.
The motion failed by the following vote:
Ayes: Brenner (1)
Nays: Crawford, Weimer, Knutzen, Mann and Kershner (5)
Absent: Larson (1)
COMPREHENSIVE PLAN AMENDMENTS
1. ORDINANCE ADOPTING THE FOOTHILLS SUBAREA PLAN AND RELATED
AMENDMENTS TO THE WHATCOM COUNTY COMPREHENSIVE PLAN AND
OFFICIAL ZONING ORDINANCE AND MAPS (forwarded on December 7,
2010) - AB2010 -343 (7:42:59 PM)
Knutzen moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Larson (1)
2. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN
AND ZONING MAP FOR PROPERTY KNOWN AS HARBOR SHORES LOCATED
ON BLAINE ROAD, SOUTH OF DAKOTA CREEK (forwarded on September 28,
2010) - AB2010 -258 (7:44:37 PM)
Knutzen moved to adopt the ordinance.
Brenner reported for the Public Works and Capital Projects Committee regarding the
update on sewer plans in the vicinity of Harbor Shores - AB2011 -182. She talked to
the Planning Director for the City of Blaine about what happens if this becomes part of the
Blaine urban growth area (UGA). After talking to the City Manager, she's convinced the
neighbors' rights will be protected from being required to hookup to sewer service.
Whatcom County Council, 5/24/2011, Page 6
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Mann stated the benefit of this is that there will be a much more environmentally -
responsible system for disposing of human waste, which is a good thing. These lots are
already platted. They're not creating new lots. Changing the zoning is responsible.
Weimer stated he can change his mind. He thanks Mr. Jansen and Mr. Parkinson for
their efforts. Because the citizens voiced their concerns and the developers listened to the
citizens, they've found a way to make this work and develop a plan that works for everyone.
The motion carried by the following vote:
Ayes: Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Larson (1)
3. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN,
CHAPTER 4, CAPITAL FACILITIES, FOR FIRE PROTECTION LEVEL OF
SERVICE (forwarded on November 9, 2010) 0 AB2010 -370 (7:48:00 PM)
Mann moved to adopt the ordinance.
Warner Webb, Fire Marshal, stated the Planning Commission and public worked on
this. This is the start to allowing the fires districts build their capital facilities plan, to have
that level of service.
The motion carried by the following vote:
Ayes: Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Larson (1)
4. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN
AND ZONING DESIGNATIONS FOR PROPERTY (60 ACRES) LOCATED IN THE
VICINITY OF 1000 PARADISE ROAD (forwarded on July 27, 2010) - AB2010-
273 (7 :50 :09 PM)
Weimer moved to adopt the ordinance.
Brenner asked the number of acres designated for agricultural use. She heard that
the County has only 88,000 acres in productive agricultural use. They are supposed to have
designated 100,000 acres for agriculture.
Karen Frakes, Prosecutor's Office, stated the only land designated as agriculture for
Growth Management Act (GMA) purposes is land that is zoned agriculture. To supplement
that land, the County has the agricultural protection overlay (APO), which technically isn't
designated land. It's hard to put a number on that. Much land taken out of the urban
growth areas (UGA's) recently has gone into that calculation and has been subject to the
APO. She's heard in the past that they have 88,000 acres of designated agricultural land.
The motion carried by the following vote:
Ayes: Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Larson (1)
S. MOTION AND VOTE TO APPROVE ALL OF THE ABOVE COMPREHENSIVE PLAN
AMENDMENTS CONCURRENTLY - AB2010 -113B (7 :55 :32 PM)
Whatcom County Council, 5/24/2011, Page 7
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Crawford moved to approve all items concurrently.
The motion carried by the following vote:
Ayes: Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Larson (1)
INTRODUCTION ITEMS (7 :56:07 PM)
Mann moved to accept the introduction items.
The motion carried by the following vote:
Ayes: Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Larson (1)
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
OTHER BUSINESS (7 :56 :52 PM)
Kershner asked the status of the interlocal agreement with City of Bellingham
regarding urban growth areas (UGA's).
Roxanne Michaels, Planning and Development Services Department, gave a staff
report. They are working out the different issues with the different cities.
Brenner asked when the City of Bellingham will bring forward its UGA information.
Michaels stated they are working on their Comprehensive Plan issues, which will go into
2012. The interlocal agreement will be done in the next month or two. They've divided the
agreements into an annexation interlocal agreement and a general interlocal agreement.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (7 :57 :53 PM)
Weimer described Executive Kremen's accomplishments in land preservation. He
thanked the Executive for his leadership and the legacy that will carry on.
Knutzen stated he will miss Executive Kremen, who always took time to talk to him.
Mann stated he thanks Executive Kremen for his service to the County. They have
been lucky to have him.
Crawford stated he thanks Executive Kremen.
Brenner stated Executive Kremen has the best people skills of any elected official
she's known.
Whatcom County Council, 5/24/2011, Page 8
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Kershner stated she has enjoyed working with Executive Kremen. She will miss
working with him.
Pete Kremen, County Executive, stated they still have several challenging months to
work together. One reason he wanted to continue service was because of this County
Council. It's been rewarding. He respects them all. He's always tried to treat everyone
with respect, even if they disagree. That is lacking throughout government. The branches
of government are obligated to work collaboratively to solve problems. He will give his all in
the remaining months he will work for the County. He appreciates the councilmembers'
responses to his announcement tonight.
ADJOURN
The meeting adjourned at 8:06 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@�omhatcomma.us
Whatcom County Council, 5/24/2011, Page 9