HomeMy WebLinkAboutCouncil November 22 20111
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WHATCOM COUNTY COUNCIL
Regular County Council
November 22, 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 (7 :01:37 PM)
Crawford announced that the following items were discussed in executive session
during the Committee of the Whole meeting:
• Discussion with Chief Civil Deputy Prosecutor Randall Watts regarding two cases of
pending litigation (AB2011 -018)
• Strategy planning discussion and positions to be taken regarding collective
bargaining (AB2011 -036)
• Discussion with Public Works Administration regarding issues related to Swift Creek
(AB2011 -018)
Pete Kremen, County Executive, read and presented Ray Fann, who served on the
Noxious Weed Control Board for 35 years, with a signed proclamation making November 22,
2011 Ray Fann Day.
Ray Fann stated he thanks the many people who have made this program one of the
best in the nation. They must stay on top of noxious weed problems. He appreciates
everything Executive Kremen and the Council have done.
MINUTES CONSENT (7 :06 :30 PM)
Knutzen 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. COMMITTEE OF THE WHOLE FOR OCTOBER 25, 2011
2. REGULAR COUNTY COUNCIL FOR OCTOBER 25, 2011
Whatcom County Council, 11/22/2011, Page 1
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OPEN SESSION (7:06:57 PM)
The following people spoke:
• Rick Kiene spoke about the reconveyance of Department of Natural Resources
(DNR) property on Lake Whatcom.
• Bob Burr spoke about the 99 Percent /Occupy movement and a Constitutional
amendment to save the country.
• (Clerk's Note: The speaker following Bob Burr requested that his /her
testimony not be included in the minutes. The speaker's testimony is available
on the meeting's audio recording.)
• Ronna Loerch spoke about the 99 Percent /Occupy movement and using
community resources to help.
• Sherry Keizer submitted a handout (on file) and spoke about her request for a
zoning text amendment.
• James Bauckman spoke about creating a database of people who want to get
involved by trading or bartering.
• Shane Roth spoke about the 99 Percent /Occupy movement.
• Eric Goheen spoke about shipping coal to China.
• Bruce Diele spoke about discrimination against the poor and the 99
Percent /Occupy movement.
PUBLIC HEARINGS
1. ORDINANCE GRANTING ASSIGNMENT OF A NON - EXCLUSIVE FRANCHISE
FROM BROADSTRIPE, LLC TO WAVE DIVISION I, LLC D /B /A WAVE
BROADBAND (AB2011 -344) (7 :33 :11 PM)
Crawford opened the public hearing, and the following person spoke:
Patrick Lemons stated he has been a Broadstripe customer for 17 years. It has been
a nightmare. Currently, there is a temporary cable stretched across his property. He wants
to know if the new owner is going to take care of the problems.
Hearing no one else, Crawford closed the public hearing.
Weimer moved to adopt the ordinance.
Brenner stated these are businesses and this is a transfer from one business to
another. The County Council can't force a business to provide a service. They're not a
utility. It's frustrating. She would like to know more about the problems they're
experiencing.
Larson stated the ordinance requires Wave to take on all the responsibilities of
Broadstripe. Mr. Lemons can review the franchise agreement to see what his rights are.
Crawford stated the County's legal counsel can talk to Mr. Lemons about the
County's obligation under the franchise.
Kershner asked what would happen if the Council didn't approve this ordinance.
Crawford stated the Council is simply fulfilling the agreement.
Whatcom County Council, 11/22/2011, Page 2
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Mann stated the franchise agreement is non - exclusive, so anyone can compete with
the company.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. ORDINANCE AMENDING WHATCOM COUNTY CODE 1.12, COUNCIL DISTRICT
BOUNDARIES (AB2011 -035A) (7 :41 :33 PM)
Crawford stated rules dictate that the Council have the hearing, and then vote on the
hearing at a meeting subsequent to the public hearing meeting. He opened the public
hearing, and the following person spoke:
Tjalling Ypma, Whatcom County Districting Committee Districting Master, stated he
thanks the Council and County staff for their help in the process. He explained the process
the committee followed.
Hearing no one else, Crawford closed the public hearing.
Crawford stated this item will be held in Council for a vote in two weeks.
3. ORDINANCE LIMITING THE 2012 GENERAL FUND PROPERTY TAX LEVY
(AB2011 -361) (7 :46 :23 PM)
Crawford opened the public hearing and, hearing no one, closed the public hearing.
Weimer 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)
4. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE
PURPOSES IN WHATCOM COUNTY FOR THE YEAR OF 2012 (AB2011 -362)
(7 :47 :27 PM)
Crawford opened the public hearing, and the following person spoke:
Ronna Loerch stated the following five ordinances seem to be increasing taxes. She
asked if the Council is planning to raise property taxes. She asked where the County gets
its taxes other than property taxes. Be fair about what they're taxing. Government needs
to be funded, and citizens must pay their fair share. Make sure the taxes are fair.
Hearing no one else, Crawford closed the public hearing. The ordinances levying the
taxes are usually unremarkable. Generally, the Council looks at each item through the
budget process. He explained the biennial budget process.
Mann moved to adopt the ordinance.
Kershner stated the taxes are collected fairly and distributed into 68 funds to provide
County services. She thanked Ms. Loerch for asking the question.
Whatcom County Council, 11/22/2011, Page 3
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The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
S. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY
CONSERVATION FUTURES PURPOSES FOR 2012 (AB2011 -363) (7:51:25 PM)
Crawford opened the public hearing and, hearing no one, closed the public hearing.
Mann moved to adopt the ordinance.
Kershner asked the balance in the conservation futures fund.
Dewey Desler, Deputy Administrator, stated the balance will be about $2.2 million at
the end of the year. The County collects about $1 million per year. The same amount of
taxes collected last year will be collected this year. The Executive has proposed that
amount for the last 16 years.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
6. ORDINANCE AUTHORIZING THE LEVY OF 2012 PROPERTY TAXES FOR
COUNTY ROAD PURPOSES (AB2011 -364) (7:53:48 PM)
Crawford opened the public hearing and, hearing no one, closed the public hearing.
Brenner moved to adopt the ordinance. She doesn't have any problem with traffic
law enforcement in the unincorporated, but she would like to know the details of that
amount.
Dewey Desler, Deputy Administrator, described the history of using road funds for
traffic enforcement on County roads.
Brenner stated she would like to know how the County came up with the amount of
the service years ago.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
7. RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT FOR 2012 (AB2011 -365) (7:56 :27 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Crawford opened the public hearing and, hearing no one, closed the public hearing.
Knutzen moved to approve the resolution.
Whatcom County Council, 11/22/2011, Page 4
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The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
8. RESOLUTION ADOPTING THE 2012 BUDGET FOR THE WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT AND SUBZONES (AB2011 -366) (7:57:50
PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Crawford opened the public hearing and, hearing no one, closed the public hearing.
Brenner moved to approve the resolution. She asked if the Flood Control Zone
District Advisory Committee unanimously voted to support the resolution.
Knutzen stated the vote was not unanimous. There was some disagreement on
which projects were cut. It was a pretty strong recommendation from the committee. The
biggest disagreement had to do with how much they could divide one staff person.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
CONSENT AGENDA (8:01:20 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through eight. Item eight includes the fuel, not just
a card lock system.
Crawford stated the amount in item three is just the bid amount, not the actual
budgeted amount, which will be about $500,000.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND VISITING NURSE HOME CARE
TO PROVIDE NURSING SERVICES AT THE WHATCOM COUNTY JAIL AND
WORK CENTER, IN THE AMOUNT OF $783,290 (AB2011 -372)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND DR. STUART ANDREWS, M.D.
TO PROVIDE PHYSICIAN SERVICES AT THE WHATCOM COUNTY JAIL AND
WORK CENTER, IN THE AMOUNT OF $65,610 (AB2011 -373)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND MAO WESTWOOD PHARMACY
TO PROVIDE PHARMACEUTICAL SERVICES AT THE WHATCOM COUNTY JAIL
AND WORK CENTER, IN THE AMOUNT OF $137,622 (AB2011 -374)
Whatcom County Council, 11/22/2011, Page 5
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4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND CATHOLIC
COMMUNITY SERVICES RECOVERY CENTER TO PROVIDE FOR CONTINUANCE
OF SUBSTANCE ABUSE EVALUATION SERVICES TO YOUTH REFERRED TO
AND SENTENCED UNDER THE CHEMICAL DEPENDENCY DISPOSITION
ALTERNATIVE IN JUVENILE COURT, IN THE AMOUNT OF $30,000, FOR A
TOTAL AMENDED AMOUNT OF $60,000 (AB2011 -375)
5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
MAINTENANCE AGREEMENT BETWEEN WHATCOM COUNTY AND IDENTIX
BIOMETRIC SOLUTIONS FOR THE MAINTENANCE OF ELECTRONIC
FINGERPRINT MACHINES, IN THE AMOUNT OF $24,015 (AB2011 -376)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND NORTH SOUND
MENTAL HEALTH ADMINISTRATION FOR CRISIS RESPITE BEDS AND STAFF
AT THE TRIAGE CENTER AND TO CONTINUE FUNDING FOR MENTAL HEALTH
SERVICES AT THE RAINBOW CENTER, IN THE AMOUNT OF $411,156, FOR A
TOTAL AMENDED CONTRACT IN THE AMOUNT OF $697,156 (AB2011 -377)
7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE
DEPARTMENT OF ECOLOGY TO PROVIDE A WASHINGTON CONSERVATION
CORPS CREW TO DO PROJECTS THAT ADVANCE SALMON RECOVERY, WATER
QUALITY, AND SHELLFISH PROTECTION PRIORITIES, IN THE AMOUNT OF
$30,000 (AB2011 -379)
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND REISNER
DISTRIBUTOR, INC. TO EXTEND THE TERM OF SERVICES FOR THE PURPOSE
OF PROVIDING FUEL THROUGH A CARD LOCK FUELING SYSTEM FOR FLEET
VEHICLES, IN THE AMOUNT OF APPROXIMATELY $400,000, FOR A TOTAL
AMENDED CONTRACT IN THE AMOUNT OF APPROXIMATELY $1,200,000
(AB2011 -381)
OTHER ITEMS
1. ORDINANCE ESTABLISHING THE LUMMI NATION FERRY LEASE FUND
(AB2011 -358) (8:04:45 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt.
Brenner stated she is against the ordinance. She doesn't support the lease. The
public right -of -way already exists. She likes the idea of working with the Lummi Nation on
projects, but it isn't right to lock up that amount of money. The road fund revenue is
declining.
Larson stated he doesn't support the lease, but does support this ordinance because
it creates transparency. He asked if the money will collect interest in the new fund.
Whatcom County Council, 11/22/2011, Page 6
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Dewey Desler, Deputy Administrator, stated the County will continue to collect
interest. This new fund allows transparency and provides additional tools to the Public
Works Department as it implements the elements of the lease.
Larson asked if there are any accounts that aren't collecting interest. Desler stated
all County funds are invested with a lot of review and for the benefit of safe interest
generating instruments. Some funds require the interest to go toward certain functions.
Most of the money is invested for the benefit of the general fund. There are no
requirements for the interest from this fund.
Brenner stated this isn't an issue of transparency, but whether the County should
legally have this lease in place the way it is. She doesn't believe it's legal, so she can't
support the fund.
The motion carried by the following vote:
Ayes: Larson, Crawford, Weimer, Knutzen, Mann and Kershner (6)
Nays: Brenner (1)
2. ORDINANCE AMENDING THE 2012 WHATCOM COUNTY BUDGET, SECOND
REQUEST, IN THE AMOUNT OF $10,196,813 (AB2011 -360) (8:08:40 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
Brenner moved to amend to remove item 37, the Hovander River Walk item in the
amount of $175,000. It would be great to have the project, but it isn't an essential need in
this economy. The money in the fund can be used for essential capital facilities, such as
stormwater facilities. The County won't have enough money to pay for all the stormwater
facilities it must have. Revenues will continue to decline. If the economy rebounds, she
would like to do this project, but the County can't afford it right now.
The motion to amend failed by the following vote:
Ayes: Brenner and Knutzen (2)
Nays: Larson, Crawford, Weimer, Mann and Kershner (5)
The motion to adopt the ordinance carried by the following vote:
Ayes: Larson, Crawford, Weimer, Knutzen, Mann and Kershner (6)
Nays: Brenner (1)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND REICHHARDT & EBE
ENGINEERING, INC. FOR COTTONWOOD NEIGHBORHOOD DRAINAGE
IMPROVEMENTS DESIGN ASSISTANCE, IN THE AMOUNT OF $78,019.52
(AB2011 -378) (8:11:53 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
approval.
Whatcom County Council, 11/22/2011, Page 7
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The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT AND BIRCH BAY WATER AND SEWER DISTRICT FOR BIRCH
BAY WATERSHED AND AQUATIC RESOURCES MANAGEMENT DISTRICT
PROGRAM IMPLEMENTATION (AB2011 -380) (8:12:41 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
approval.
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
STEPHEN LOCKWOOD TO THE WHATCOM COUNTY VETERAN'S ADVISORY
BOARD (AB2011 -383) (8 :13 :41 PM)
Kershner 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 CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
FREDERICK MUENSCHER TO THE BICYCLE/ PEDESTRIAN ADVISORY
COMMITTEE (AB2011 -384) (8 :14:13 PM)
Knutzen 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 (8:14:56 PM)
Crawford stated items five through 11 were withdrawn from the agenda. The City of
Bellingham is considering possible changes. It shouldn't impact the County's settlement
agreement for the urban residential, mixed use (UR -MX) zone.
Mann moved to introduce items one through four and item 12.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 11/22/2011, Page 8
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1. ORDINANCE AMENDING THE 2011 WHATCOM COUNTY BUDGET, ELEVENTH
REQUEST, IN THE AMOUNT OF $194,803 (AB2011 -385)
2. ORDINANCE AMENDING THE 2011 WHATCOM COUNTY BUDGET, TWELFTH
REQUEST, IN THE AMOUNT OF $2,026,569 (AB2011 -386)
3. ORDINANCE AMENDING THE 2012 WHATCOM COUNTY BUDGET, THIRD
REQUEST, IN THE AMOUNT OF $131,894 (AB2011 -387)
4. ORDINANCE FOR 2012 PROJECT BUDGET REQUEST #1, LIGHTHOUSE
MARINE PARK DOCK REPLACEMENT PROJECT, IN THE AMOUNT OF $240,000
(AB2011 -388)
S. INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND
WHATCOM COUNTY CONCERNING PLANNING, ANNEXATION AND
DEVELOPMENT WITHIN THE BELLINGHAM URBAN GROWTH AREA (AB2011-
340A)
6. INTERLOCAL AGREEMENT BETWEEN THE CITY OF BLAINE AND WHATCOM
COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT
WITHIN THE BLAINE URBAN GROWTH AREA (AB2011 -340B)
7. INTERLOCAL AGREEMENT BETWEEN THE CITY OF EVERSON AND WHATCOM
COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT
WITHIN THE EVERSON URBAN GROWTH AREA (AB2011 -340C)
8. INTERLOCAL AGREEMENT BETWEEN THE CITY OF FERNDALE AND WHATCOM
COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT
WITHIN THE FERNDALE URBAN GROWTH AREA (AB2011 -340D)
9. INTERLOCAL AGREEMENT BETWEEN THE CITY OF LYNDEN AND WHATCOM
COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT
WITHIN THE LYNDEN URBAN GROWTH AREA (AB2011 -340E)
10. INTERLOCAL AGREEMENT BETWEEN THE CITY OF NOOKSACK AND
WHATCOM COUNTY CONCERNING PLANNING, ANNEXATION AND
DEVELOPMENT WITHIN THE NOOKSACK URBAN GROWTH AREA (AB2011-
340F)
11. INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUMAS AND WHATCOM
COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT
WITHIN THE SUMAS URBAN GROWTH AREA (AB2011 -340G)
12. ORDINANCE AMENDING WHATCOM COUNTY CODE 9.32, UNLAWFUL
DISCHARGE OF FIREARMS, TO ESTABLISH A NO- SHOOTING ZONE IN THE
GLENHAVEN LAKES AREA OF WHATCOM COUNTY (AB2011 -275A)
OTHER BUSINESS (8:16:28 PM)
There was no other business.
Whatcom County Council, 11/22/2011, Page 9
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REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (8:16:31 PM)
Brenner reported on the Mt. Baker High School Veterans Day Service.
Kershner reported that she commends the Public Works Department for sending out
a newsletter to citizens in flood -prone areas with information about how to handle
emergencies. Also, she attended the Washington State Association of Counties (WSAC)
Convention. The budget crisis at the state is going to trickle down to local communities.
They must all keep an eye on the ball.
Crawford reported on Transportation Improvement Board (TIB)- approved road
improvements to the Bakerview Road and Interstate 5 intersection. There is an upcoming
Economic Development Investment (EDI) request for the County's portion of the project.
He supports the project because they've received the TIB grant.
ADJOURN
The meeting adjourned at 8:20 p.m.
The Council approved these minutes on January 10, 2012.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council&o.whatcom.wa.us
Whatcom County Council, 11/22/2011, Page 10