HomeMy WebLinkAboutCouncil November 9 20111
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WHATCOM COUNTY COUNCIL
Regular County Council
November 9, 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
Michael Lishman, Boy Scout Troop 36, led the Flag Salute.
ANNOUNCEMENTS (7:01:43 PM)
1. APPEAL FILED BY THE CITY OF BELLINGHAM OF THE HEARING EXAMINER'S
DECISION ON A MOTION TO DISMISS REGARDING THE REZONE OF
APPROXIMATELY 550 ACRES FROM R10A TO RSA REQUESTED BY CAITAC
USA CORPORATION (APL2011- 0011 /SEP2010- 0085 /PLN2010 -0024)
(AB2011 -277)
Knutzen moved to uphold the Hearing Examiner's decision.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. APPEAL FILED BY THE CITY OF BELLINGHAM OF THE HEARING EXAMINER'S
DECISION ON A MOTION TO DISMISS REGARDING THE REZONE OF
APPROXIMATE 9 ACRES FROM R10A TO TOURIST COMMERCIAL REQUESTED
BY CAITAC USA CORPORATION (APL2011-0012/SEP2010-0088/PLN2010-
0025 (AB2011 -278)
Knutzen moved to uphold the Hearing Examiner's decision.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 11/9/2011, Page 1
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OPEN SESSION (7:03:12 PM)
The following people spoke:
• (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.)
• Shane Roth spoke on the 99% with Global Occupation Movement of Occupy
Bellingham.
• Charles Law spoke about ethics, conflicts, and legal contract for help with the
Growth Management Act lawsuit.
• Jayne Uerling spoke about the cost of internet access and franchises.
• Alice Werkema spoke about the discrepancy in prosperity of people.
• Karen Weille spoke about franchise agreements that should provide internet
access and the Occupy Bellingham movement.
• Eric Goheen spoke about coal exportation and the Occupy movement.
• T. King spoke about the Occupy Bellingham movement.
• Ronna Loerch spoke about the Occupy Bellingham movement and coal export
to China.
• John Hymas spoke about the Occupy Bellingham movement.
• Herb Goodwin spoke about the Occupy Bellingham movement and coal
exportation.
• Christina Bruehler spoke about the former Georgia Pacific property.
• Greg Brown spoke about today's Washington State Association of Counties
presentation.
• James Bachman spoke about the Occupy movement.
PUBLIC HEARINGS
1. ORDINANCE AMENDING ORDINANCE 2011 -013 TO REVISE PORTIONS OF
WHATCOM COUNTY CODE TITLE 20 RELATED TO RURAL DEVELOPMENT
REGULATIONS (AB2011 -348) (7 :34 :19 PM)
Crawford opened the public hearing, and the following people spoke:
Dean Martin submitted and read from a handout (on file) and proposed new
language regarding the rural residential density overlay. Only count all lots with houses on
them.
Cathy Lehman, FutureWise of Whatcom County, referenced the letter she submitted
to the Council dated November 3, 2011 and stated this doesn't meet the requirements of
the Growth Management Act (GMA).
Ronna Loerch stated there is a huge disparity between small local farmers who grow
organic products and large commercial farms that receive government subsidies. Help local
farmers provide sustenance to people in the county.
Hearing no one else, Crawford closed the public hearing.
(7:42:37 PM)
Larson moved to adopt the ordinance.
Whatcom County Council, 11/9/2011, Page 2
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Crawford referenced scrivener's errors and moved to correct them:
• Page 427, section 20.32.252(2), "...within 500 feet of the lot's outer
boundaries, or one two acres, whichever is greater."
• Page 428, section 20.32.253, last row, "Maximum: 1 dwelling unit /1 2 acres
pef 20.32.252(2)"
• Page 429, section 20.36.252(2), "...the lot's outer boundaries, or one two
acres, whichever is greater."
• Page 430, section 20.36.253, the row for rural, five units per acre (R5A) with
public water subject to rural residential overlay, "Maximum: 1 dwelling unit/-1-
2 acres per 20.36.252(2)."
The motion to amend carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Brenner asked for Planning staff comments on concerns expressed by Dean Martin.
Crawford stated these areas were just downzoned. If there is agriculture in the area,
it could be a legitimate concern. However, remember that this was all recently downzoned
from higher densities. They are allowing property owners flexibility with the overlay in the
face of a downzone.
Brenner referenced testimony from a women who commented on organic farms.
Most organic farms are small with few acres. This could help more organic farms. She
asked if they would be creating a zone that isn't friendly to agriculture by doing this.
Roxanne Michaels, Planning and Development Services Department, stated there
isn't a problem.
Mann asked if their intent was to include vacant parcels in the density overlay. The
example from Mr. Martin seemed fairly reasonable. He understands how they assume this
calculation would be better by including parcels that don't have houses. It would increase
parcel size, which may or may not be their intent. He suggests removing the stipulation
that requires a residence for the calculation.
Kershner asked whether they overlooked steps one through four in the public
participation plan.
Karen Frakes, Prosecutor's Office, stated this is just a continuation of their last
process. They're having a public hearing now. She doesn't understand how it's a violation
of the public participation plan. She would like to know specifically what Futurewise is
saying the County didn't do. According to the public participation plan, a modification
requires a public hearing. That's the only requirement, and that's what they're doing now.
Lehman stated the new public participation plan adopted in July. This change is
significant enough that the County should go through all the steps of a normal process,
including a review by the Planning Commission.
Mann moved to amend sections 20.32.252(2) and 20.36.252(2), "...all lots that
contained a resudenee on the effective date ef the ordinance codified in this seetien and are
wholly..."
Whatcom County Council, 11/9/2011, Page 3
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Frakes stated that amendment would require the Council to hold another public
hearing.
Mann asked everyone intended to exclude undeveloped parcels from that calculation.
Crawford stated he presented the Council an analysis of what would happen in
various areas, based on this language. That was acceptable to him. He doesn't recall an
intent to change that. If they do change it, he would want to get another analysis to see
the impacts. They are in the midst of a process with the Hearings Board. He asked if there
are time restraints.
Brenner stated she likes the amendment. They didn't go into detail. She would like
to know if the County can meet the deadline if the Council makes this change. Frakes
stated there is no deadline. The Board hearing is on November 21, 2011. The next Council
meeting is the day after that hearing. They patterned this on the Clallam County ordinance.
The Hearings Board has approved the ordinance with that wording.
Weimer stated he supports the amendment. The purpose of the density overlay is to
make any new houses go in match the rural character of the general area. If the general
area contains lots without a house, it's part of the rural character. This amendment would
make the overlay match the rural character better.
Knutzen stated they were to apply the density overlay to areas that were going to be
downzoned, because they already had existing character that included a heavier density.
He doesn't recall there being any vacant lots.
Frakes stated the purpose was to recognize the built environment. By requiring that
they consider only those developed parcels works to the disadvantage of someone who
wants more density.
Brenner stated she agrees with Ms. Frakes. Lots that haven't been built upon would
be allowed more density.
Crawford stated he is against the motion. The Council worked on this for a year and
a half. Making a change like this, which would reopen the issue in the middle of a Hearings
Board appeal, is unfair to the attorneys. He is suspicious how much this would really affect
agriculture. These aren't areas zoned for agriculture. These areas have been downzoned.
The original intent was to provide the property owners some relief flexibility based on the
built environment in their area.
Weimer stated it could go either way. If there are many undeveloped lots, it could
have the opposite effect. He will vote for the amendment because it will require the Council
to get more analysis, so they will know the true effect and have another hearing.
Brenner asked if they could approve this amendment, get an analysis, and revisit the
issue if it turns out different. Frakes stated the Council can adopt a separate ordinance at a
later time.
Crawford stated they could docket it for next year, and it probably would not take a
lot of staff time.
Whatcom County Council, 11/9/2011, Page 4
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The motion to amend failed by the following vote:
Ayes: Weimer and Mann (2)
Nays: Larson, Crawford, Brenner, Knutzen and Kershner (5)
Brenner asked if this would resolve the issues with the City of Bellingham. Frakes
stated the City's concerns with rural density go beyond the two -acre minimum.
Kershner stated the public participation plan defines level one projects to include
Title 20 amendments. Frakes stated the rural element was a level two project. This is a
continuation of that process. This is an amendment to what has already been done. The
Council doesn't have to begin the whole process again when making an amendment to the
previous ordinance.
Kershner asked what makes this open. When they wanted to change other areas of
the Comprehensive Plan, they were stalled by this public participation plan. She asked the
difference.
Crawford stated the difference is that they are not working on a new initiative or
change. They are working on the legal result of something they've done for the last year
and a half.
Kershner asked if they can approve this because the rural element is not final.
Crawford stated he doubts the public participation plan addresses an adopted
ordinance that is being legally challenged.
Kershner stated she is trying to respect comments from Futurewise, the public
participation plan, and the County process. If they don't have to follow the plan for this,
they may not have to follow the plan for some other things.
Crawford stated the Council must follow and has followed the plan for this item.
The motion to adopt as amended carried by the following vote:
Ayes: Larson, Crawford, Brenner, Knutzen and Kershner (5)
Nays: Weimer and Mann (2)
CONSENT AGENDA (8:02:56 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through eight.
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 HANDEL INFORMATION
TECHNOLOGIES, INC. FOR MAINTENANCE OF RITE TRACK, A JUVENILE
OFFENDER CASE MANAGEMENT SYSTEM, IN THE AMOUNT OF $18,000
(AB2011 -350)
Whatcom County Council, 11/9/2011, Page 5
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2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST YOUTH
SERVICES TO PROVIDE EMERGENCY SHELTER BEDS TO HOMELESS AND AT-
RISK YOUTH, IN THE AMOUNT OF $60,000 (AB2011 -351)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND INTERFAITH COALITION FOR
THE OPERATION OF SHORT TERM EMERGENCY HOUSING UNITS IN
BELLINGHAM AND FERNDALE, IN THE AMOUNT OF $17,500 (AB2011 -352)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SEAN HUMPHREY HOUSE TO
PROVIDE FUNDING FOR ONGOING MAINTENANCE, REPAIRS, AND UTILITIES
FOR THE FACILITY, IN THE AMOUNT OF $11,500 (AB2011 -353)
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND DR. RICH ULLSMITH, DDS,
FOR DENTAL SERVICES AT THE WHATCOM COUNTY JAIL AND WORK
CENTER, IN THE AMOUNT OF $38,220 (AB2011 -354)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM COUNSELING AND
PSYCHIATRIC CLINIC FOR PSYCHIATRIC SERVICES AT THE WHATCOM
COUNTY JAIL AND WORK CENTER, IN THE AMOUNT OF $135,680 (AB2011-
355)
7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE YWCA TO PROVIDE
TRANSITIONAL HOUSING AND EMERGENCY HOUSING TO LOW INCOME
SINGLE WOMEN AT LARRABEE RESIDENCE, IN THE AMOUNT OF $20,000
(AB2011 -356)
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE LAKE WHATCOM
RESIDENTIAL AND TREATMENT CENTER TO PROVIDE SHELTER PLUS CARE
SERVICES, A FEDERALLY FUNDED PROGRAM THAT PROVIDES LONG TERM
RENTAL ASSISTANCE TO HOMELESS PERSONS WITH SERIOUS MENTAL
ILLNESS, IN THE AMOUNT OF $29,812 (AB2011 -357)
OTHER ITEMS
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BERK & ASSOCIATES TO
PROVIDE CONSULTANT SERVICES TO IMPLEMENT INCENTIVE
DEVELOPMENT TASKS FROM THE AGRICULTURAL STRATEGIC PLAN AND
FACILITATE THE RUCKELSHAUS DECISION - MAKING PROCESS (AB2011-
279A) (8:04:05 PM)
Crawford reported for the Committee of the Whole. He moved to approve the
request.
Whatcom County Council, 11/9/2011, Page 6
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Brenner stated she would like to see the Planning staff, rather than consultants, do
the work. If staff doesn't have time, she would be willing to work with other
councilmembers to get it done.
Knutzen stated he agrees with Councilmember Brenner. According to Agricultural
Advisory Committee minutes, it seems like they don't want the County to drop the whole
thing. They want to continue with some of the contracts, such as the Right to Farm
ordinance and a mitigation bank. Those are high priorities. Separate these issues and deal
with the Berk contract separately.
Crawford asked if staff prefers to work on a new contract with Berk without the
Ruckelshaus item, if this doesn't pass, or if the Council should try to pass this contract now,
without the Ruckelshaus item.
Roxanne Michaels, Planning and Development Services Department, stated they can
do it either way. She doesn't know if Berk will want the contract without the Ruckelshaus
item.
Knutzen moved to remove the Ruckelshaus item. It can be handled in- house.
Brenner stated table this until after the meeting of the Tribes, agricultural
community, and environmental community on November 17. It seems the agricultural
community may want to opt in and can deal with those points expressed today during the
presentation.
Crawford stated the question of opting in or opting out is not before them now. They
are only deciding on whether the County hires Berk to prepare the resolution and facilitate
the public process.
Kershner stated she would hate the County to miss an opportunity by default just
because they failed to take the steps required to opt in. She asked if the Council is going to
leave the decision to opt in to the agricultural groups, or if they are going to have a more
formal process that meets opt -in guidelines. Also, it's prudent to get a sense of what the
Council wants to do. It doesn't make any sense to spend money and time on an opt -in
process if they decide to not opt -in.
Crawford stated the Ruckelshaus process requires a hearing and outreach. Michaels
stated that public process is very time consuming. The question is how they do it all by
January 27, 2012.
Knutzen stated the Berk contract is for $44,000, not $18,000. This is something that
County staff should be able to handle. He's tired of always having to hire consultants to do
their job. Many resources are available. Look at what other counties have done. They've
had many presentations and recommendations. The people most impacted recommend that
the County opt in. Hiring consultants is a waste of taxpayer money. The groups meeting
can help the County with this. Notify and talk with the community that is already working
on this. Michaels stated they've had quite a few community meetings, and they've led the
staff in different directions. She's worried that they will get together again, and the County
still not have a clear direction.
Knutzen stated all the parties will be involved, which they must be. The County will
make the decision. Michaels stated the recommendation was to bring forward a contract to
have a third -party analysis of what the community wants. Now the Council is saying it
Whatcom County Council, 11/9/2011, Page 7
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doesn't want the contract. Involving a lot of people results in many different decisions. The
Council should decide if it wants to opt in or opt out. If they want to opt in, the County
must get going.
Brenner stated the Planning staff should attend the community meeting on
November 27. Michaels stated the staff can attend, but not take responsibility for
organizing and facilitating the meeting.
Brenner stated the public meeting won't result in a decision. She is not in favor of
the Ruckelshaus process, but is considering it because the farming community seems to
strongly support it.
Larson stated the Council hasn't received a lot of input. The Farm Bureau came not
knowing what they wanted to do. That's why the Council put together the presentation
today. The Council should decide whether or not it will opt in before spending any of this
money. The challenge is the timeframe.
Lisa Boxx, Agricultural Advisory Committee Chair, stated the Advisory Committee
voted to remove Ruckelshaus out of the Berk contract, and let both contracts go through as
written. The Advisory Committee did not have a comment on the Ruckelshaus process.
They have decided to have a meeting on November 17 for just the agricultural portion of
Ruckelshaus that is required. The County is required to get the Tribes and environmental
community involved. They are going to try and get the Tribes to the meeting, but can't
guarantee it.
Mann stated this is just another layer of government confusion. Maybe the County
should opt out and save money, time, and resources. Eliminate the bureaucracy.
Knutzen stated the Council is reducing the amount of money paid to the
Conservation District for farm plans, yet do the same scope of work. Ruckelshaus provides
funding the County can use to fund those farm plans. The County isn't obligated to do
anything unless and until it gets the funding.
Kershner stated she is in favor of the request as presented. It is the only clear
option presented to the Council. She would be willing to look at other viable options for
gathering the information if they were presented. However, there doesn't seem to be any
other way to professionally compile the information by January 27.
Weimer stated he is against the contract. The Council has said that agriculture is
one of its most important priorities while it lays off all the agricultural staff. Now, they are
looking at a contract to pay a Seattle consultant a lot of overhead for a big, fancy office at a
rate twice the rate paid to the County executive. Hire temporary staff for the Planning
Department to work on this. At this point, he is leaning toward opting in, but they haven't
heard from the public. Again, they are being asked to make a decision before they've heard
from the public, without having time to do this cost - effectively.
Brenner stated they have qualified staff and community members. It won't make a
difference to wait for that to be done. She agrees that the County should hire staff to
prioritize agriculture, but they have to get at the contract recommendation first.
Weimer stated removing the Ruckelshaus item makes it easier for the Council to
approve the rest of the contract, and he's not in favor of passing the contract at all at this
Whatcom County Council, 11/9/2011, Page 8
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rate. Michaels stated it usually takes three months to hire any staff, temporary or
permanent.
The motion to remove the scope regarding the Ruckelshaus process from the Berk
contract failed by the following vote:
Ayes: Brenner, Mann and Knutzen (3)
Nays: Larson, Crawford, Weimer and Kershner (4)
Brenner stated she prefers to table the request, but will vote against it.
Knutzen stated he would like to see some of the these in the scope done. The
Agricultural Advisory Committee could handle the Right -To -Farm ordinance. He won't
allocate money to a consultant at this rate.
Weimer stated he agrees with Councilmember Knutzen. Move forward with the other
items in a more fiscally conservative manner by hiring temporary staff.
Mann stated he's glad they are focusing on saving this money. The Council should
also focus on saving the millions of dollars from certain road projects.
Brenner stated the two things aren't comparable. Don't hire someone outside the
area for this work. Prioritize and complete these things in- house.
Larson stated decide whether they want to opt in or opt out before deciding to
approve that contract. He's concerned about another layer of government. They could
possibly write the resolution properly, to make it work. He asked to schedule a Committee
of the Whole meeting to decide on opting in or opting out.
Brenner stated it's important to have extra meetings to decide the issue.
The motion to approve the contract as presented failed by the following vote:
Ayes: Kershner and Crawford (2)
Nays: Larson, Brenner, Weimer, Knutzen and Mann (5)
2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP
AND APPROVAL OF A DEVELOPMENT AGREEMENT FOR APPROXIMATELY 552
ACRES IN THE SMITH ROAD /GUIDE MERIDIAN AREA (CAITAC USA) FROM
R10A TO RSA (AB2011 -345) (8:32:22 PM)
Knutzen reported for the Planning and Development Committee and moved to hold
a public hearing on this item and the next item.
Kershner asked why they need another public hearing.
Mann stated this issue has been contentious and high profile for many years. The
Planning Commission does a great job, but people pay more attention to Council meetings.
A hearing is appropriate.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 11/9/2011, Page 9
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3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP
AND APPROVAL OF A DEVELOPMENT AGREEMENT FOR APPROXIMATELY 9
ACRES IN THE SMITH ROAD /GUIDE MERIDIAN AREA (CAITAC USA) FROM
R10A TO TOURIST COMMERCIAL (TC), AND AMENDING THE
COMPREHENSIVE PLAN LAND USE DESIGNATION FROM RURAL TO RURAL
TOURISM (AB2011 -346) (8:33:45 PM)
(Clerk's Note: See the previous item for the committee report, discussion, motion,
and vote for adoption.)
4. APPROVAL OF A SETTLEMENT AGREEMENT BETWEEN WHATCOM COUNTY
AND THE CITY OF BELLINGHAM RELATED TO GROWTH MANAGEMENT
HEARINGS BOARD CASE #11 -2 -0006 (AB2011 -349) (8 :37 :19 PM)
Crawford moved to approve the agreement.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Kershner (6)
Nays: Mann (1)
INTRODUCTION ITEMS (8 :39 :07 PM)
Mann moved to accept Introduction Items one, two, and four through ten.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 1.12, COUNCIL DISTRICT
BOUNDARIES (AB2011 -035A)
2. ORDINANCE ESTABLISHING THE LUMMI NATION FERRY LEASE FUND
(AB2011 -358)
3. ORDINANCE FUNDING THE LUMMI NATION FERRY LEASE FUND, TRANSFERRING
$2,000,000 FROM THE ROAD FUND TO THE LUMMI NATION FERRY LEASE
FUND IN ORDER TO PROVIDE MATCHING FUNDS TO CONSTRUCT
PEDESTRIAN AND OTHER FACILITIES AT GOOSEBERRY POINT CONSISTENT
WITH THE TERMS AND CONDITIONS OF THE LEASE AGREEMENT (AB2011-
359)
This item was withdrawn from the agenda.
4. ORDINANCE AMENDING THE 2012 WHATCOM COUNTY BUDGET, SECOND
REQUEST, IN THE AMOUNT OF $10,196,813 (AB2011 -360)
S. ORDNANCE LIMITING THE 2012 GENERAL FUND PROPERTY TAX LEVY
(AB2011 -361)
6. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE
PURPOSES IN WHATCOM COUNTY FOR THE YEAR OF 2012 (AB2011 -362)
Whatcom County Council, 11/9/2011, Page 10
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7. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY
CONSERVATION FUTURES PURPOSES FOR 2012 (AB2011 -363)
8. ORDINANCE AUTHORIZING THE LEVY OF 2012 PROPERTY TAXES FOR
COUNTY ROAD PURPOSES (AB2011 -364)
9. RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT FOR 2012 (AB2011 -365)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
10. RESOLUTION ADOPTING THE 2012 BUDGET FOR THE WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT AND SUBZONES (AB2011 -366)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
OTHER BUSINESS (8:40:56 PM)
Crawford referenced and read from the request for proposals (RFP) response for
Hearing Examiner services submitted by Michael Bobbink Land Use Services, Inc. He has
requested an increase of $900 a month.
Brenner stated she is willing to contribute her salary increase.
Kershner stated she's surprised he's asking only for $900 more per month, given
everything he does. She moved to increase the Hearing Examiner's contract by $900 per
month.
Knutzen stated he offers his travel budget.
Brenner stated she will also offer her travel budget.
Mann stated he is against the motion. The Council has been asking every
department to do more with less. That's the way it is with the private sector and public
sector. He's sure Mr. Bobbink does a great job and his workload is huge. However, he's
making a pretty good salary. Everyone's in the same boat. They can't respond to everyone
who would ask for a raise.
Kershner stated the Hearing Examiner is under contract. He's not an employee of
the Council. When under contract, a third of the contract amount goes to self - employment
taxes and federal taxes. He gets no benefits.
Mann stated it's a slight difference, but his sentiment is the same.
Crawford stated he is against the motion. He has respect for Mr. Bobbink, who is an
outstanding Hearing Examiner. Many other counties have gone through many hearing
examiners in a short time. The Council doesn't get feedback from the legal community that
Mr. Bobbink isn't interpreting the laws correctly. However, it is a tough time. The Council
hasn't budgeted for this increase. This is a part -time job. It's not a full -time job. The
hours have increased a lot, but Mr. Bobbink is rewarded very generously. Approving the
Whatcom County Council, 11/9/2011, Page 11
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increase would be inconsistent with the message the Council has sent to the County
employees and their constituents. They are trying to be as fiscally responsible as possible
during a time of decreased revenues.
Larson stated the Council must decrease costs, not increase them, even with a
contractor. It sets an example for all the other employees.
Crawford stated that if the SSA company does proceed in a few years, and it turns
into a huge project, the Hearing Examiner will have to review the documents and make
recommendations and conditions to the County Council. At that time, the Council might
want to consider an adjustment to Mr. Bobbink's contract if it becomes a full -time project.
Weimer asked how many hours Mr. Bobbink spends on this job.
Crawford stated they've never requested that information.
The motion failed by the following vote:
Ayes: Weimer and Kershner (2)
Nays: Larson, Crawford, Brenner, Knutzen and Mann (5)
Crawford moved to thank Mr. Bobbink for his service and prepare a contract at the
same amount as the previous amount.
Knutzen stated he would like information on the scope of work before deciding on
the contract.
Brenner stated she is in favor of the motion. Don't make him go through the process
if they're not interested in providing an increase.
Knutzen stated he may want to give him some kind of increase.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner and Mann (4)
Nays: Kershner, Knutzen and Weimer (3)
Brenner asked if the staff will attend the Agricultural Advisory Committee meeting on
November 17.
Roxanne Michaels, Planning and Development Services Department, stated staff
could attend, but not organize and facilitate the meeting or produce minutes.
Brenner stated the Ferry Task Force had public meetings, and they did their own
minutes and organization. Michaels stated they were specifically authorized.
Brenner she wants it to be a public meeting. She moved to authorize that it be a
public meeting.
Crawford stated the Council isn't able to make motions that tell the administration
what meetings to attend. The only thing the Council can do is hold its own meeting.
Brenner stated she's not telling the administration to attend. Michaels stated that if
the motion were approved, the staff would have to do a public notice and set everything up
itself. This group chose to set the meeting up themselves.
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Brenner stated it won't count as the public meeting the Council is supposed to have
if the Council doesn't authorize it as a public meeting.
Crawford stated that motion will not be in order unless the motion is for the County
Council to do something.
Brenner restated her motion to authorize this community as its public meeting.
Kershner stated she won't be able to attend a meeting on November 17.
The motion failed by the following vote:
Ayes: Larson, Brenner and Knutzen (3)
Nays: Crawford, Mann and Weimer (3)
Abstains: Kershner (1)
Kershner asked who develops the goals in the Economics chapter of the
Comprehensive Plan.
Roxanne Michaels, Planning and Development Services Department, stated it is a
chapter that must be updated by 2016. Deputy Administrator Dewey Desler, Administrative
Supervisor Tawni Helms, and Planning staff have worked on the chapter. The goals in the
chapter haven't been priorities.
Kershner stated she would like to know who works on implementing the goals and
policies of the plan. Michaels stated the department lost staff, and other staff had to be
reassigned to agricultural issues.
Crawford stated the City of Bellingham has planned a new report being released on
its website that will show the current status of the City's top priorities. He described the
City's project. In the future, the County could look at each Comprehensive Plan element
and review the status for each item in a similar fashion.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (8 :57:53 PM)
Kershner reported that she will attend the Washington State Association of Counties
(WSAC) convention in Bellevue next week.
Crawford stated the election result between him and his election opponent is still
very close. He wished her luck.
Mann reported that it's fundraising season for various nonprofits in the community.
They have all met or exceeded their event goals. That's hopefully a good sign of things to
come.
Weimer reported that he and Councilmember Brenner received input from Lummi
Island residents on creating a Ferry Advisory Committee. They are mainly interested in the
recommendations of the Ferry Task Force. Councilmember Brenner is scheduling a briefing
for Mr. Abart on that issue.
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Weimer also reported that the Northwest Clean Air Agency awarded its platinum
distinction, which is rarely given, to Granite Precast and Concrete for going well beyond
regulatory requirements for air quality.
ADJOURN
The meeting adjourned at 9:09 p.m.
The Council approved these minutes on December 6 , 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, 11/9/2011, Page 14