HomeMy WebLinkAboutCouncil December 7 20101
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WHATCOM COUNTY COUNCIL
Regular County Council
December 7, 2010
CALL TO ORDER (6:59 :29 PM)
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 :30 PM)
Crawford announced there was discussion of the resolution requesting that the
County Executive draft and send a notification letter to the City of Bellingham to
discontinue the interlocal agreement regarding Emergency Medical Service
provision (AB2010 -305A) during today's Special Committee of the Whole meeting.
Crawford announced there was also discussion regarding a draft ordinance
amending Whatcom County Zoning Code Title 20, the Official Whatcom County
Zoning Map, and the Whatcom County Comprehensive Plan and Maps, to
implement changes relating to rural land use planning (AB2010 -072A) during
today's Special Committee of the Whole meeting.
Crawford announced there was consideration of an appeal of the Hearing
Examiner's decision regarding CUP2010 -0007 to construct and operate a dog
kennel (applicant Heather Veenstra), filed by Nathan Graf (AB2010 -362) in
executive session during the evening Committee of the Whole meeting.
Kershner moved to uphold the Hearing Examiner's decision
The motion carried by the following vote:
Ayes: Crawford, Weimer, Knutzen, Mann and Kershner (5)
Nays: Brenner (1)
Abstain: Larson (1)
Whatcom County Council, 12/7/2010, Page 1
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Larson stated he was not able to read the file prior to the meeting. Additionally, he
had a conversation with one of the parties involved. He wasn't aware of the quasi - judicial
issues.
Crawford announced there was discussion with Senior Deputy Prosecutor Karen
Frakes regarding pending litigation — settlement agreement between Whatcom
County, City of Blaine, Semiahmoo Company and Trillium Corporation (AB2010-
447) in executive session during the evening Committee of the Whole meeting.
Knutzen moved to approve the agreement.
Mann moved to amend page four of six, item four, to delete the last sentence, "The
The motion carried by the following vote:
Ayes: Larson, Brenner, Weimer and Mann (4)
Nays: Kershner, Knutzen and Crawford (3)
Mann stated this item is scheduled later in the agenda. The Council should wait until
people have had a chance to speak at open session.
(Clerk's Note: Discussion continued below during Other Items number 14.)
SPECIAL PRESENTATION (7 :06 :38 PM)
1. COUNTY EXECUTIVE KREMEN WILL READ A PROCLAMATION FOR THE
BELLINGHAM BULLDOG FOOTBALL TEAM'S ACHIEVEMENTS (AB2010 -017)
Pete Kremen, County Executive, stated Whatcom County has a world -class football
team, which is the Bellingham Bulldogs. His proclamation recognizes and notes their
success. He read the proclamation into the record. He introduced Bellingham Bulldog
Owner Jeff Fisher and Head Coach Phil Smith, who were 2009 Owner /CEO of the Year and
2009 Coach of the Year. The team has twice been awarded Team of the Year in 2009 and
2010.
Unidentified Bulldogs Representative, stated he appreciates the proclamation and
thanks everyone on behalf of the Bulldog organization. In a society where lawlessness is
being rewarded, and the MTV generation looks up to the wrong impression of heroes, it's
awesome to receive this proclamation. It proves to the guys that if they do the right thing
for the right reasons, they'll get rewarded and recognized for that. He appreciates the
community surrounding the Bulldogs.
MINUTES CONSENT (7 :13 :06 PM)
Brenner moved to approve the minutes.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 12/7/2010, Page 2
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1. SPECIAL COMMITTEE OF THE WHOLE FOR OCTOBER 21, 2010
2. SPECIAL COMMITTEE OF THE WHOLE (FERRY FARES) FOR NOVEMBER 2,
2010
3. SPECIAL COMMITTEE OF THE WHOLE (2011 -2012 BUDGET) FOR NOVEMBER
2, 2010
4. SPECIAL COMMITTEE OF THE WHOLE FOR NOVEMBER 4, 2010
S. SPECIAL COMMITTEE OF THE WHOLE FOR NOVEMBER 22, 2010
OPEN SESSION (7:13:38 PM)
The following people spoke:
• Yoshi Revelle, 4026 Willowbrook Lane, Bellingham, spoke on the issue of the
prison and jail system.
• Carl Olson, 2015 - 24th Street, Bellingham, submitted and read from a
handout (on file) on the issue of the spending plan for assets in county
Comprehensive Annual Financial Report (CAFR).
• Larry Quinlivan, 2327 North Shore Road, submitted a handout (on file) and
stated he speaks on behalf of Gary Lysne, 2472 North Shore Road, regarding
general fund transfers and fund balance.
• Wendy Harris, Bellingham, spoke on the issue of the West Blaine urban
growth area (UGA) settlement.
• Eve Green, Columbia Neighborhood, spoke on the issue of the jail system.
• (Clerk's Note: The speaker following Eve Green requested that his /her
testimony not be included in the minutes. The speaker's testimony is available
on the meeting's audio recording.)
• Greg Brown, 4363 Saddlestone Drive, spoke on the issue of the 911 interlocal
agreement with the City of Bellingham.
• Willy Spalding, 2200 Williams Street, spoke on the 911 interlocal agreement
with the City of Bellingham.
• Patrick Alesse, 4825 Alderson Road, Birch Bay, spoke on the 911 interlocal
agreement with the City of Bellingham.
• Bruce Diele, Homeless in Bellingham, spoke on the issue of traffic cameras.
PUBLIC HEARINGS
1. ORDINANCE AMENDING WHATCOM COUNTY'S OFFICIAL TITLE 20 ZONING
MAP, REZONING APPROXIMATELY 770 ACRES ADJACENT TO THE BIRCH BAY
UGA FROM RURAL ONE UNIT PER 10 ACRES (R10) TO RURAL ONE UNIT PER
FIVE ACRES (1115) (AB2010 -403) (7:40:20 PM)
Crawford opened the public hearing, and the following people spoke:
Wendy Harris, FutureWise Whatcom Steering Committee Member, described the
structure and purpose of her organization. They are opposed to the ordinance. The rural
Whatcom County Council, 12/7/2010, Page 3
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element of the Comprehensive Plan hasn't complied with the Growth Management Act
(GMA) for the last five years. Actions to increase rural zoning would be premature and
counterproductive until they finish the work on the rural element. Decide whether a site -
specific proposal to increase rural development should not be approved until after the rural
element is complete. This proposal will move the County further from its goal. This area
was removed from the UGA last November because it consists of residential homes on large
lots, which contributes to sprawl. The area includes wetlands and is located within a 100 -
year floodplain. The facts don't support additional development of the area. The Planning
Staff doesn't support this proposal because the rezone does not comply with several
provisions of the current Comprehensive Plan. Zoning inconsistent with the Comprehensive
Plan violates the GMA. The County Council should deny this proposal, and instead move
forward with the rural element update.
Patrick Alesse, 4825 Alderson Road, Birch Bay, stated the zone is now rural, one unit
per ten acres (R10A). When Birch Bay grows into that area, owners of those ten -acre lots
can sell the parcel and develop, funding retirement. A zone of rural, one unit per five acres
(R5A) isn't a rural lifestyle. The service area will become more expensive per person,
because the R5A zone is inefficient.
Hearing no one else, Crawford closed the public hearing.
(7:46:00 PM)
Brenner moved to postpone consideration until after the rural element update is
finished. The proposal is good, but they must finish the update first, because parts of the
Comprehensive Plan aren't consistent with this. Don't hassle trying to defend something
that can be fixed easily by rural element proposals they've already made.
Onr1
Crawford stated a motion to adopt is needed before they can consider a motion to
Larson moved to adopt the ordinance.
Brenner restated her motion to postpone consideration until after the rural
element is finished.
Crawford stated he is against the motion to postpone. With the rural element, they
are looking at the folks who were downzoned on November 24, 2009. Those folks had a
zone of four units per acre, and were changed to a zone of one unit per ten acres, which is a
4,000 percent decrease in zoning density. However, because those properties don't have
water and sewer service, the default zone was one unit per five acres. Restore the zoning
in these areas to their de facto density. Regarding the rural element, none of these areas
are under consideration in the rural element update.
Brenner stated a component of the rural element says that the R10A zone should not
be changed to an R5A zone. She doesn't oppose this proposal, but they must follow the
correct process. She believes that a five -acre density is rural, and so does the State. She
has no problem with the five -acre density. She has a problem with doing this before they
have worked on the Comprehensive Plan language that is part of the rural element.
Kershner asked about Councilmember Brenner's interpretation of the downzone
language, from R10A to R5A. It's not currently in the Comprehensive Plan. It's proposed.
Whatcom County Council, 12/7/2010, Page 4
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Crawford stated it is in the Comprehensive Plan. This is a downzone from four units
per acre to one unit per five acres, not one unit per ten acres to one unit per five acres.
The basis for this is that the Council erred in its action of November 24 to zone at a density
of one unit per ten acres. It's disingenuous to say that Comprehensive Plan policy now
applies.
Brenner stated the record says the rezone is from one unit per ten acres to one unit
per five acres. It was changed last year. They are working on language now. This affects
approximately 90 lots, not 22 or 23, as she assumed when she initially supported this for a
hearing. It's more than three times as many acres. If it was just a few lots, she could
support it. She can't support it for approximately 90 lots.
Weimer stated he supports the motion to postpone. He agrees with the comments
from Pat Alesse. Also, he agrees that they should complete the rural element first to avoid
legal issues due to language currently in the Comprehensive Plan. The staff report talks
about this. It is clear that this proposal is inconsistent with the Comprehensive Plan, based
on the evaluation criteria established in Whatcom County Code 20.90.050(2)(a). The
Planning Commission did not forward it to the Council with a recommendation for approval.
The motion to postpone failed by the following vote:
Ayes: Weimer and Brenner (2)
Nays: Larson, Crawford, Knutzen, Mann and Kershner (5)
Mann stated he does not support the ordinance for the reasons they've heard. He
doesn't understand why they would consider an 800 -acre upzone located in a wetland and
floodplain on the outskirts of Birch Bay. They are already having trouble providing services.
This is the most expensive kind of development to serve. It's not fiscally or environmentally
wise.
The motion carried by the following vote:
Ayes: Larson, Crawford, Knutzen and Kershner (4)
Nays: Brenner, Mann and Weimer (3)
2. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF
NEW APPLICATIONS FOR SUBDIVISIONS AND SHORT SUBDIVISIONS IN
RURAL AREAS (AB2010 -383A) (7:55:29 PM)
Crawford opened the public hearing, and the following people spoke:
Roger Almskaar, 1300 W. Axton Road, Ferndale, submitted a handout (on file). He
proposes that the North Bellingham area at the intersections of Smith Road, Axton Road and
Northwest Road, be removed from the moratorium to prohibit any new plat applications.
His handout cites six reasons to support the proposal. The area's character is incompatible
with ten -acre zoning. The original Planning Department and Planning Commission
November 2009 proposal to downzone this and other rural, one -acre and two -acre areas to
ten acres is radical and irresponsible. When people say that it has to comply with Growth
Management Act (GMA), it's just a mantra used by a lot of the anti - growth and anti -
property rights groups to support their agendas. This moratorium affects people drastically.
If the moratorium goes beyond six months, it's a problem for folks. It was a bad decision.
Wendy Harris, Bellingham, stated she is in favor of the moratorium. In response to
Mr. Almskaar, she's not sure why waiting until the completion of the rural element update
Whatcom County Council, 12/7/2010, Page 5
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has to do with this, or what harm it would cause. It's important to prevent development
that would be contrary to the County's final regulations. This is prudent planning.
Hearing no one else, Crawford closed the public hearing.
(8:01:05 PM)
Kershner moved to adopt the ordinance.
Knutzen moved to amend the moratorium length to 90 days instead of 180 days.
Crawford stated that the wording is that the moratorium last no longer than six
months. He intends to remove this moratorium as soon as they pass the rural element,
including the Comprehensive Plan, zoning, and zoning map changes. The ordinance doesn't
have to be effective for the full six months.
Knutzen withdrew his motion.
Kershner moved to remove the section Mr. Almskaar indicated from the
moratorium. She would like to know why this area was included. Other areas just as
developed were not included.
Crawford stated it was included as part of an appeal process, that this was
designated as a suburban enclave.
Brenner stated she is against the motion to amend. They should finish the rural
element, and this would be a moot point. Mr. Almskaar wasn't thrilled, but he said he
hopes they would finish it in short - order. This will encourage people to get it done soon.
It's not appropriate to pull pieces out.
Knutzen stated he is against the motion. If they do this, they are setting a
precedent for everyone in the community who has a problem with the moratorium. Now is
not the time to do it. Work through the rural element first.
The motion to amend failed by the following vote:
Ayes: Kershner and Mann (2)
Nays: Larson, Crawford, Brenner, Weimer and Knutzen (5)
Larson stated Mr. Almskaar's situation is an example of the real impacts to real
people. These six month moratoria tend to become permanent. He will support the
ordinance now, but he won't support an extension in six months.
The motion to adopt carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer and Knutzen (5)
Nays: Kershner and Mann (2)
3. ORDINANCE AMENDING THE WHATCOM COUNTY CODE, ON AN INTERIM
BASIS, TO ALLOW FOR A ONE -TIME ECONOMIC HARDSHIP EXTENSION OF
LAND USE PERMIT EXPIRATIONS (AB2010 -1808) (8 :07 :05 PM)
Crawford opened the public hearing, and the following people spoke:
Whatcom County Council, 12/7/2010, Page 6
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Wendy Harris, Bellingham, stated she is opposed to the ordinance. The ordinance
includes extension of land use activities from the first interim moratorium that are expired
and legally void, based only on unsubstantiated claims of financial hardship. The ordinance
results in a loss of County revenue by waiving reapplication fees. It extends the vested
rights of applicants without providing public benefit. This is being proposed following
Council budget cuts to programs necessary for public health, safety, and welfare. The
general public are paying the financial subsidies gifted to developers by Council, as reflected
in this ordinance. The Washington Supreme Court determined that development interests
and due process rights protected by the vested rights doctrine come at a cost to the public
interest. The practical effect of recognizing the vested right is to sanction a new
nonconforming use. The ordinance is being proposed without necessary information to
establish compliance with the Growth Management Act (GMA), critical area ordinance, and
Comprehensive Plan requirements to protect water quality, fish and wildlife habitat, and
sensitive environments. There is no staff report. Council needs to know how many permits
could be affected, where the permits are located, and whether this will affect sensitive
watersheds. Know whether the additional vested rights will limit the County's ability to
protect agriculture, rural, and resource lands. Vote against this ordinance.
Darcy ]ones, Jones Engineers, stated he is in favor of the ordinance. Make this
proposal a simple extension from the original date of January 1, 2009. There are hundreds
of projects and property owners who have been affected. Not everyone is represented by
an attorney or land use consultant. Some people haven't figured it out. Make this a simple
extension. He asked why people have to come in, pay a fee, and file a form for this.
Government could approve an extension as a carte blanche. It would save staff time and
public confusion.
Hearing no one else, Crawford closed the public hearing.
(8 :13:42 PM)
Knutzen moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Knutzen and Kershner (5)
Nays: Mann and Weimer (2)
CONSENT AGENDA (8 :14 :44 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through 34, including replacement pages for item 32.
Brenner withdrew Consent Agenda item 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
CONTRACT BETWEEN WHATCOM COUNTY AND YWCA FOR PROVISION OF
MAINTENANCE AND OPERATING EXPENSES AT LARRABEE RESIDENCE IN AN
AMOUNT NOT TO EXCEED $15,500 (AB2010 -410)
Whatcom County Council, 12/7/2010, Page 7
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2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM CENTER FOR
EARLY LEARNING FOR PARENT -TO- PARENT SUPPORT AND RESOURCE
COORDINATION FOR FAMILIES WITH DEVELOPMENTAL DISABILITIES AND
DELAYS IN AN AMOUNT NOT TO EXCEED $35,990 (AB2010 -411)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL
FOR OPERATING AND MAINTENANCE EXPENSES AT DOROTHY PLACE IN AN
AMOUNT NOT TO EXCEED $25,000 (AB2010 -412)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST YOUTH
SERVICES TO PROVIDE HOUSING CASE MANAGEMENT SERVICES TO LOCAL
HOMELESS YOUTHS IN AN AMOUNT NOT TO EXCEED $61,928 (AB2010 -413)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND LYDIA PLACE FOR
OPERATING AND MAINTENANCE EXPENSES AT LYDIA PLACE IN AN AMOUNT
NOT TO EXCEED $17,000 (AB2010 -414)
6. RESOLUTION UPDATING THE 2008 AMENDED APPENDIX OF THE 2002
WHATCOM COUNTY COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY
(CEDS) (AB2010 -415)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the resolution.
Brenner stated don't use real estate excise tax (REET) as economic development
funds for parks. They can be used for stormwater facilities. The County is going to spend
millions of dollars for stormwater facilities for the Lake Whatcom watershed. The REET fund
is not infinite. She is concerned that they will use a potential grant match as an excuse to
use the REET funds on parks. Only spend REET money on what they have to do to protect
public health and safety. She moved to amend to remove REET funds from the Whatcom
County portion dealing with any parks or trails issues.
Crawford stated he is against the motion. The Comprehensive Economic
Development Strategy (CEDS) list includes potential funding sources, which REET is. It
doesn't say the County will use REET for that purpose. The County is required to state in
this list potential funding sources. It's a fact that REET is available.
Brenner stated that's not true. They are supposed to include on the list the sources
they're actually using, not any potential funding source.
Larson asked if the amendment would have any impact on the grant funding in the
Economic Development Investment (EDI) fund and the County's ability to generate funding
for that fund.
Dewey Desler, Deputy Administrator, stated the fund generates funding, irrespective
of the projects that are on the list. The projects need to be on the list to use any funds.
EDI and REET I and II funds have those requirements imposed by the legislature.
Removing projects may limit their ability to generate grant funds. In some cases, it helps
Whatcom County Council, 12/7/2010, Page 8
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to have a project listed. It shows the Council has recognized the direction of these projects
and allows the administration to put the projects forward for funding opportunities.
Larson stated he is against the motion to amend. There are many things on the list
that probably shouldn't be on a strategic economic plan, and they can spend a lot of time
completely redoing it. That's not something the Council has the will to do.
Brenner stated they are still eligible to do these things if they remove REET. It won't
get in the way of available grant money. It will show that REET money is dedicated to
public health and safety issues before parks issues.
Mann stated they will always have the opportunity to not approve a project when it
comes along. Don't deny any options.
Brenner stated this is a difficult economy, and staff is stretched. They should not be
included if the County isn't interested.
The motion to amend failed by the following vote:
Ayes: Knutzen and Brenner (2)
Nays: Larson, Crawford, Weimer, Mann and Kershner (5)
Knutzen moved to remove the South Fork Regional Park trail and South Fork
County Park from the list of approved projects. The cost is over $2 million for a project that
most of the community doesn't want.
Mann stated he has not been to any public hearing since he has been on the Council
where the community turned out one way or the other regarding this project. There have
been meetings where people have expressed opposition to the park. This isn't the right
time and right way to scuttle the project.
Brenner stated it hasn't been proactive and inclusive. A supermajority of the
community may not be opposed to the park, but it is a majority, as shown on a petition
signed by a huge number of residents. Many of the people are opposed to the park. This is
disrespectful. She's in favor of a South Fork Park that works for the community. Don't
continue to move this forward without considering the comments and concerns of the
community. The community has great ideas, and spent a lot of their own personal money
on this. This proposal will damage agricultural land, create potential problems with Elk
migration, and affect people who live there.
Weimer stated he is against the motion. He doesn't know how Councilmember
Brenner can say she wants a park out there, but also wants to remove it from the list so it
can't get grant funding for the park. The people spent their money trying to design a park
they would like. When the County is ready to adopt the park the community wants, but if
the park is not on this list, they are in a hole.
Mann stated it doesn't feel right that the Council is talking at that community instead
of talking with the community. He has not been a part of any public event or County
Council action to implement the park or approve a plan.
Brenner stated Councilmember Mann and all the councilmembers were invited to
many meetings out there.
Whatcom County Council, 12/7/2010, Page 9
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Mann stated he gets invited to a lot of things. They haven't taken any action as a
Council.
Brenner stated the events existed, whether or not Councilmember Mann was aware
of them. As long as this plan stays the way it is, without creating changes, they are
creating a lot of angst in the community. That isn't right. If they remove if from the list,
there would be a much bigger incentive for everyone to work toward a better solution.
Then they can put it back on the list.
Crawford stated he is against the motion. The Council unanimously agreed it's time
to have a special council meeting out there to hear from that community. It doesn't seem
appropriate to remove items from a long -term strategic planning document. If the result of
the community meeting doesn't result in something the majority of the Council is
comfortable with, the Council can talk about removing it from long -term planning
documents at that time.
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 approve the resolution carried by the following vote:
Ayes: Larson, Crawford, Weimer, Mann and Kershner (5)
Nays: Brenner and Knutzen (2)
7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE
PURCHASE OF REPLACEMENT NETWORK SWITCHES ALONG WITH SET UP
AND IMPLEMENTATION ASSISTANCE USING WASHINGTON STATE
CONTRACT FOR VENDOR, QWEST, IN THE AMOUNT OF $120,846.77
(AB2010 -416)
8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT BETWEEN WHATCOM COUNTY AND
WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 5 FOR FIRE
PROTECTION SERVICES TO THE PARKS AND RECREATION DEPARTMENT
BUILDINGS AND EQUIPMENT LOCATED WITHIN OR ADJACENT TO THE
ESTABLISHED BOUNDARIES OF THAT FIRE DISTRICT (AB2010 -417)
9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT BETWEEN WHATCOM COUNTY AND
WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 14 FOR FIRE
PROTECTION SERVICES TO THE PARKS AND RECREATION DEPARTMENT
BUILDINGS AND EQUIPMENT LOCATED WITHIN OR ADJACENT TO THE
ESTABLISHED BOUNDARIES OF THAT FIRE DISTRICT (AB2010 -418)
10. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
SPONSOR AGREEMENT BETWEEN WHATCOM COUNTY AND THE
WASHINGTON DEPARTMENT OF ECOLOGY, CONSERVATION CORPS FOR
PROJECTS THAT ADVANCE WHATCOM COUNTY SALMON RECOVERY, WATER
QUALITY AND SHELLFISH PROTECTION IN THE AMOUNT OF $30,000
(AB2010 -419)
11. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT FOR SERVICES BETWEEN WHATCOM COUNTY AND ARAI
Whatcom County Council, 12/7/2010, Page 10
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JACKSON ELLISON MURAKAMI, LLP FOR THE CIVIC CENTER BUILDING
ENVELOPE ANALYSIS IN THE AMOUNT OF $26,582 (AB2010 -420)
12. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
USE OF WASHINGTON STATE CONTRACT FOR THE ANNUAL PURCHASE OF
LUBRICANTS FOR 2011 FROM SUPPLIER CONOCO PHILLIPS 76 /REISNER
DISTRIBUTOR IN AN AMOUNT THAT COULD EXCEED $35,000 (AB2010 -421)
13. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
USE OF WASHINGTON STATE CONTRACT FOR THE ANNUAL 2011 SUPPLY OF
GUARDRAIL FROM SUPPLIER CORAL SALES IN THE AMOUNT OF
APPROXIMATELY $50,000 (AB2010 -422)
14. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
USE OF WASHINGTON STATE CONTRACT FOR THE ANNUAL 2011 SUPPLY OF
GLASS BEADS FOR TRAFFIC LINE MARKING PAINT FROM VENDOR ALPINE
PRODUCTS AND POTTERS INDUSTRIES IN AN AMOUNT OF APPROXIMATELY
$77,000 (AB2010 -423)
15. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
USE OF WASHINGTON STATE CONTRACT FOR AUTOBODY REPAIR SERVICES
IN 2011 FROM VENDOR CEI GROUP WITH GITT'S AUTOBODY OF FERNDALE
IN AN AMOUNT THAT WILL EXCEED $35,000 (AB2010 -424)
16. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
USE OF WASHINGTON STATE CONTRACT TO PURCHASE RADIOS AND
RELATED EQUIPMENT FOR THE SHERIFF'S VEHICLES FROM VENDOR
MOTOROLA FOR THE EQUIPMENT, AND DAY WIRELESS FOR THE
INSTALLATION IN AN AMOUNT OF APPROXIMATELY $60,000 (AB2010 -425)
17. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
USE OF WASHINGTON STATE CONTRACT FOR THE ANNUAL 2011 SUPPLY OF
SNOW AND ICE CONTROL PRODUCTS FROM A CONTRACT LIST OF VARIOUS
SUPPLIERS IN AN AMOUNT THAT MAY EXCEED $35,000 (AB2010 -426)
18. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AGREEMENT FOR PROBATION SERVICES BETWEEN WHATCOM COUNTY AND
THE CITY OF BELLINGHAM FOR THE ACTUAL PER CASE COST FOR SERVICE
(AB2010 -427)
19. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AGREEMENT FOR PROBATION SERVICES BETWEEN WHATCOM COUNTY AND
THE CITY OF BLAINE FOR THE ACTUAL PER CASE COST FOR SERVICE
(AB2010 -428)
20. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AGREEMENT FOR PROBATION SERVICES BETWEEN WHATCOM COUNTY AND
THE CITY OF EVERSON FOR THE ACTUAL PER CASE COST FOR SERVICE
(AB2010 -429)
21. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AGREEMENT FOR PROBATION SERVICES BETWEEN WHATCOM COUNTY AND
Whatcom County Council, 12/7/2010, Page 11
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THE CITY OF LYNDEN FOR THE ACTUAL PER CASE COST FOR SERVICE
(AB2010 -430)
22. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AGREEMENT FOR PROBATION SERVICES BETWEEN WHATCOM COUNTY AND
THE CITY OF SUMAS FOR THE ACTUAL PER CASE COST FOR SERVICE
(AB2010 -431)
23. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL
FOR WHATCOM HOMELESS SERVICE CENTER HOUSING CASE MANAGEMENT
SERVICES IN AN AMOUNT NOT TO EXCEED $130,000 (AB2010 -432)
24. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL
FOR WHATCOM HOMELESS SERVICE CENTER ADMINISTRATIVE SERVICES
IN AN AMOUNT NOT TO EXCEED $381,915 (AB2010 -433)
25. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND NATIONAL ALLIANCE ON
MENTAL ILLNESS (NAMI) FOR THE PROVISION OF MENTAL HEALTH
SERVICES IN THE AMOUNT OF $20,000 (AB2010 -434)
26. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM COUNSELING AND
PSYCHIATRIC CLINIC FOR PATH SERVICES IN THE AMOUNT OF $19,711
(AB2010 -435)
27. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND LYDIA PLACE FOR WHATCOM
HOMELESS SERVICE CENTER HOUSING CASE MANAGEMENT SERVICES IN
AN AMOUNT NOT TO EXCEED $84,500 (AB2010 -436)
28. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND CATHOLIC COMMUNITY
SERVICES FOR WHATCOM HOMELESS SERVICE CENTER HOUSING CASE
MANAGEMENT SERVICES IN THE AMOUNT OF $107,735 (AB2010 -437)
29. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND INTERFAITH COALITION FOR
FUNDING TO OPERATE THE COALITION'S SHORT -TERM EMERGENCY
HOUSING UNITS IN BELLINGHAM AND FERNDALE IN AN AMOUNT NOT TO
EXCEED $17,500 (AB2010 -438)
30. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
COMPU -TECH, INC. FOR SOFTWARE MODIFICATIONS TO ACCOMMODATE
CHANGES IN THE WSP STATEWIDE ELECTRONIC COLLISION & TICKET
ONLINE RECORDS (SECTOR) TICKET NUMBER LENGTH IN THE AMOUNT OF
$25,400 (AB2010 -439)
31. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ACCEPT SUN
LIFE STOP -LOSS POLICY FOR INSURANCE PROTECTION FOR THE SELF-
Whatcom County Council, 12/7/2010, Page 12
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INSURED MEDICAL PLAN IN 2011 IN THE AMOUNT OF $171,509 (AB2010-
440)
32. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
SERVICE AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM
HUMANE SOCIETY FOR ANIMAL CONTROL AND SHELTER SERVICES IN AN
AMOUNT NOT TO EXCEED $403,178.01 (AB2010 -441)
33. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE
AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM HUMANE
SOCIETY FOR THE RIGHT OF OCCUPANCY AT 1661 BAKER CREEK PLACE,
BELLINGHAM, FOR ANIMAL CONTROL AND SHELTER SERVICES IN AN
ANNUAL AMOUNT OF $10 (AB2010 -442)
34. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF A CARGO VAN FOR THE SHERIFF'S OFFICE FROM VENDOR
BUD CLARY CHEVROLET, USING WASHINGTON STATE CONTRACT, IN THE
AMOUNT OF $38,308.04 (AB2010 -443)
OTHER ITEMS
1. RESOLUTION REQUESTING THAT THE COUNTY EXECUTIVE DRAFT AND SEND
A NOTIFICATION LETTER TO THE CITY OF BELLINGHAM TO DISCONTINUE
THE INTERLOCAL AGREEMENT REGARDING EMERGENCY MEDICAL SERVICE
PROVISION (AB2010 -305A) (8:31:17 PM)
Crawford moved to approve the resolution.
Brenner moved to amend the second Whereas statement, 'Whereas, since that
time, opportunities for paramedic training and implementation outside of the Bellingham
Fire Department have been
unnecessarily more expensive and delayed; and" The language is too hostile. They're
trying to work with people and find a solution, not be hostile.
The motion to amend carried by the following vote:
Ayes: Crawford, Brenner, Weimer and Mann (4)
Nays: Knutzen, Kershner and Larson (3)
Brenner moved to amend the third Whereas statement, "Whereas, the training and
activation of paramedics to staff the 5t" Medic One unit have been far more costly and time -
consuming than was
reasonably expected; and"
The motion to amend carried by the following vote:
Ayes: Crawford, Brenner, Weimer and Mann (4)
Nays: Knutzen, Kershner and Larson (3)
Brenner moved to amend the fourth Whereas statement, "Whereas, a common
goal of all signatory agencies in the 2005 EMS plan was to maintain a unified EMS system,
but the Gity's administFatien ef the system has been eeRtFary te the intent ef the EMS plan,
Whatcom County Council, 12/7/2010, Page 13
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instead there has been discord, delay and
confusion, and;
The motion to amend carried by the following vote:
Ayes: Crawford, Brenner, Weimer and Mann (4)
Nays: Knutzen, Kershner and Larson (3)
Brenner moved to amend the fifth Whereas statement, 'Whereas, the most recent
statengents ef pretest by the Gity incident regarding training of a Point Roberts paramedic
indicates a lack of
cooperation and concern for the needs and well -being of all Whatcom county citizens
and"
Crawford stated he will vote against the motion to amend. He attended the meeting.
The City administrators specifically disrespected the idea.
The motion to amend failed by the following vote:
Ayes: Mann, Brenner and Weimer (3)
Nays: Larson, Crawford, Knutzen and Kershner (4)
Brenner moved to amend the eighth Whereas statement, section A, 'Training and
implementation of new paramedics ... a single - agency } employment or union..."
The motion to amend carried by the following vote:
Ayes: Crawford, Brenner, Weimer, Knutzen and Mann (5)
Nays: Larson and Kershner (2)
Brenner moved to amend the eighth Whereas statement, section C, "An EMS
system ... +ept�t representation and cooperation between..."
The motion to amend carried by the following vote:
Ayes: Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Nays: Larson (1)
Brenner moved to amend the second resolved statement, '...and an EMS response
system there reflective of the values,...." That word implies that everyone thinks it's already
reflective, but not everyone thinks it's reflective.
The motion to amend carried by the following vote:
Ayes: Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Nays: Larson (1)
Brenner moved to amend to add language, "BE IT FINALLY RESOLVED that there
will be a seamless continuation of unified emergency medical services while Whatcom
County, the Cities, and Fire Districts work out problems with the existing agreement."
The motion to amend carried by the following vote:
Ayes: Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Nays: Larson (1)
Crawford stated the Council is counting on Executive Kremen to send the letter
before December 31, 2010.
Whatcom County Council, 12/7/2010, Page 14
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Brenner stated she was disappointed when one of the speakers talked about how it's
going to fracture things. They've gotten beyond the time of scare tactics with the public.
They must work toward something that works for everyone. She's hopeful that they will
come up with something. They have three years to come up with something. They have to
start it before they can do it. This is a start. It's in no way negative or personal. A number
of years ago, there was a "unified" system of emergency management through the Sheriff's
Office. Everyone was part of the system. A number of years ago, the City pulled out of that
group to do their own thing, but said the system would still be unified. She told the City at
the time that the City would be duplicating efforts. The City Council unanimously voted that
it would still stay unified. They made that decisions. This is a different issue. There are
problems. It's not working for a number of people in the county. The problems have to be
worked out. As it is, it's costing the County a fortune.
Mann stated he won't support sending the letter, despite improvements to the
resolution. They run the risk of a fractured system. He's not willing to take that chance.
They could end up with a less efficient and lower quality system. That scares him. He
asked what happens to the voter - approved tax to fund Medic One. He asked if they would
have to go back to the voters and pass a new tax.
Dewey Desler, Deputy Administrator, stated they would not. They are not working
to fracture the system. This is an effort on the part of the Council to rebuild the system so
it is unified. If there is separation of service with the City of Bellingham, the City would
take a portion of the sales tax provided to the County under a separate interlocal
agreement. The remainder of the sales tax would still be in effect. It's a countywide tax.
Sixty percent of the tax goes to the County government. Forty percent of the tax goes to
Cities, based on a distribution built on population. There is adequate time for any kind of
transition. The County Council would be intimately involved in all this.
Larson stated he supports the resolution. He appreciates the amendments. He
would have voted on them as a whole, but not disconnected. There are real problems that
need to be addressed. This resolution and the letter will start the process. He will support
the resolution.
Crawford stated he supports the resolution. Regarding open session testimony about
his motives and intent, he's never said that he wants to take the money they are currently
spending on EMS out of the general fund. When someone can make up and state as fact
that kind of statement, it is indicative about how hostile the situation is. It's time to
change. The Whatcom County Fire Commissioner's Association and the Whatcom County
Fire Chief's Association have passed resolution encouraging the Council to move forward on
this. They are moving in the right direction. The countywide organizations that are really
responsible, the first responders who are directly accountable to the people of Whatcom
County, are on board and will collaborate to reform a system that includes the City of
Bellingham, but have a component that allows oversight from a countywide board. He is
optimistic that this can happen sooner rather than later. He's not sure they need to go
through the lengthy process they went through in 2004 to get to the 2005 agreement.
They now know what works. Many good aspects of that agreement can be incorporated into
a new agreement. They are also aware of the things that don't work. They will be
successful.
Brenner stated the quality of the Bellingham Firefighters is incredible. The quality of
firefighters outside the City of Bellingham is equally incredible. It's not helpful to intimate
that the County might not get the same quality of service. The Fire Districts and Fire
Whatcom County Council, 12/7/2010, Page 15
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Departments have good people who can all work together. It's important that
councilmembers do not think that someone is a higher quality than someone else.
Weimer stated he is against the resolution. This is essentially the same resolution
that the Council approved in August. They've already asked the County Executive to draft
such a letter. He's been collecting information from a variety of County stakeholders before
drafting the letter. More importantly, they are starting down a slippery slope. Conflicts
need to be worked out. The agreement has a conflict resolution section calling for a
emergency medical services (EMS) advisory committee, which hasn't been used to deal with
this conflict. The plan and agreement says they will use the advisory committee. Throwing
out the plan and agreement will go against the plan. Give the advisory committee a chance
for conflict resolution. Consider why the advisory committee isn't meeting to work out this
conflict, as it is supposed to do.
Knutzen stated he agrees with Councilmember Weimer in the fact that the plan is in
place. There is disagreement about the plan. The training and safety of the people of this
county shouldn't be based on membership in any organization. It seems the City is
unwilling to follow the plan, which says the fifth medic unit would be in Ferndale. The plan
doesn't say that membership in any organization is a requirement. He is in favor of the
resolution.
Brenner stated the advisory committee should start working on this.
Mann stated he didn't say that people outside of the City of Bellingham are a lower
quality. The personnel countywide is excellent. It's about the nature of the system and
how it functions, not people. They run the risk of having a less efficient and lower quality
service if it breaks down into small, separate systems.
Kershner stated the system is fractured right now. The system is fractured when
they have to send firefighters to EMS classes in Seattle because the Bellingham firefighters
are unwilling to train them. She would have supported the stronger language. She will
support this resolution.
The motion to approve as amended carried by the following vote:
Ayes: Larson, Crawford, Brenner, Knutzen and Kershner (5)
Nays: Mann and Weimer (2)
Pete Kremen, County Executive, stated he will send the letter reluctantly. He has
respect and admiration for all involved. It's disappointing and unfortunate that they
collectively have not been able to resolve this issue that's been outstanding for years. The
Advisory Board has dealt with this issue. Unfortunately, the Board has been unwilling,
unable, or both to successfully deal with the issue. This is a difficult issue. Regardless of
the inability to come to consensus and unanimity, they have one of the best systems in the
country. The original agreement with the City left no room for the County to work with the
City to discuss changes, without sending this notification letter. This is a genuine attempt
to unify the system. This is an action to resolve the matter so all can live with the final
agreement and move past this strife and disagreement. When an emergency strikes, all the
Fire Departments and Fire Districts in the county find a way to work together and get the
job done well.
2. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY BUDGET,
EIGHTEENTH REQUEST, IN THE AMOUNT OF $252,203 (AB2010 -404)
(8:59:00 PM)
Whatcom County Council, 12/7/2010, Page 16
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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 A
PROJECT AGREEMENT BETWEEN WHATCOM COUNTY FLOOD CONTROL ZONE
DISTRICT AND WASHINGTON STATE RECREATION AND CONSERVATION
OFFICE FOR SALMON HABITAT RESTORATION AND FISH PASSAGE
IMPROVEMENTS IN LOWER CANYON CREEK IN THE AMOUNT OF $973,750
(AB2010 -406) (8 :59 :56 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
to approve the agreement.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
4. RESOLUTION AMENDING RESOLUTION NO. 2008 -077 (THE 2009 — 2010
UNREPRESENTED RESOLUTION) TO BE EFFECTIVE JANUARY 1, 2011
(AB2010 -407) (9 :00 :46 PM)
Mann reported for the Finance and Administrative Services 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)
S. RESOLUTION AMENDING RESOLUTION NO. 2008 -078 (THE 2009 — 2010
EXECUTIVE BRANCH ELECTED OFFICIALS RESOLUTION) TO BE EFFECTIVE
JANUARY 1, 2011 (AB2010 -408)
Mann reported for the Finance and Administrative Services 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)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO SIGN AN
CONTINUE PAYMENT PER THE INTERIM AGREEMENT BETWEEN WHATCOM
COUNTY AND THE LUMMI INDIAN BUSINESS COUNCIL FOR NEGOTIATED
PAYMENT FOR LUMMI ISLAND FERRY SERVICE TO GOOSEBERRY POINT
(AB2010 -448) (9 :02 :18 PM)
Whatcom County Council, 12/7/2010, Page 17
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Mann reported for the Finance and Administrative Services Committee and moved
to authorize the Executive to continue payment to the Lummi Nation for operations at the
Gooseberry Point, per the current memorandum of agreement, through December 2011, as
needed.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY, CITY OF
BELLINGHAM, THE PORT OF BELLINGHAM AND THE INDUSTRIAL
CORPORATION OF THE PORT OF BELLINGHAM TO PROVIDE A COORDINATED
APPROACH TO FUNDING AND CONTRACTING WITH ECONOMIC
DEVELOPMENT SERVICE PROVIDERS (AB2010 -409) (9:03:40 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the substitute version of the agreement.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
8. RESOLUTION ESTABLISHING A MINIMUM BALANCE FOR THE FLOOD
CONTROL ZONE DISTRICT FUND TO MAINTAIN AS AN EMERGENCY AND
OPERATING RESERVE (AB2010 -392) (9:05:01 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
to approve the resolution.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND COLUMBIA
VALLEY WATER DISTRICT TO COORDINATE LAND USE PLANNING WITH
PLANNING AND PROVISION OF WATER SERVICE (AB2010 -444) (9 :05 :54 PM)
Brenner reported for the Public Works and Safety Committee and 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)
10. ORDINANCE ADOPTING THE FOOTHILLS SUBAREA PLAN AND RELATED
AMENDMENTS TO THE WHATCOM COUNTY COMPREHENSIVE PLAN AND
OFFICIAL ZONING ORDINANCE AND MAPS (AB2010 -343) (9 :07 :11 PM)
Whatcom County Council, 12/7/2010, Page 18
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Knutzen reported for the Planning and Development Committee and moved to
forward the substitute version as recommended by the committee for concurrent review.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
11. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
FERNDALE FOR THE PURPOSES OF ADDRESSING TRAFFIC CONCERNS
REGARDING THE FUTURE DEVELOPMENT OF THE GRANDVIEW ANNEXATION
(AB2010 -445) (9:09:34 PM)
Knutzen reported for the Planning and Development Committee and moved to
approve the request.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Kershner (6)
Nays: None (0)
Abstain: Mann (1)
12. RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT BETWEEN
WHATCOM COUNTY AND HARBOR SHORES, LLC (AB2010 -446) (9:10:41 PM)
Knutzen reported for the Planning and Development Committee and stated this item
is held in committee.
13. ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO THE Y-
SQUALICUM WATER ASSOCIATION, INC., FOR A PERIOD OF 25 YEARS
PURSUANT TO STATE LAW AND SECTION 9.30 OF THE WHATCOM COUNTY
HOME RULE CHARTER, TO OPERATE AND MAINTAIN WATER LINES AND
FACILITIES ALONG CERTAIN ROADS AND HIGHWAYS WITHIN THE
UNINCORPORATED AREAS OF WHATCOM COUNTY (AB2009 -438) (9:11:30
PM)
Larson 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)
14. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
SETTLEMENT AGREEMENT BETWEEN WHATCOM COUNTY, CITY OF BLAINE,
SEMIAHMOO COMPANY AND TRILLIUM CORPORATION (AB2010 -447)
(9:13:44 PM)
(Clerk's Note: Discussion and motion continued from above during Announcements.)
Brenner stated this is not to contemplate whether or not they are vested or will ever
get to put in lots of houses or to put in a restricted amount that was permitted in the plat.
With the addition of the requirement that it's subject to transferring development rights, the
County isn't giving up anything.
Whatcom County Council, 12/7/2010, Page 19
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The motion to approve the request as amended carried by the following vote:
Ayes: Larson, Crawford, Brenner, Knutzen and Kershner (5)
Nays: Weimer and Mann (2)
INTRODUCTION ITEMS
1. RESOLUTION APPROVING THE WHATCOM COUNTY PEDESTRIAN AND
BICYCLE PLAN (AB2010 -381)
This item was withdrawn from the agenda.
OTHER BUSINESS (9 :15 :18 PM)
Brenner stated she would like to somehow freeze councilmember salaries. The
Council froze the salaries of other elected officials and the unrepresented employees. The
councilmembers must also be willing to do without. The County Council ordinance isn't up
for a couple of years.
Dana Brown - Davis, Clerk of the Council, stated the State Constitution doesn't allow
councilmembers to change their own salaries. The State Constitution will overrule the
Charter on this issue.
Brenner asked how the Council can freeze the salaries of other elected officials.
Brown -Davis stated they may not all be determined through the Constitution. They tried to
do this years ago. She received a lengthy legal opinion that explains the law. Sitting
councilmembers can't do anything with their own salaries.
Pete Kremen, County Executive, stated the Clerk is correct that the Constitution
trumps the County Charter. However, councilmembers can personally write a check to
Whatcom County in any amount they desire as a way to reduce their salary. The County
will legally be able to accept the contribution. He has done the same for the past two years.
Brenner stated she wants to know for how much she should write her check.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (9 :18 :24 PM)
Mann stated he misses Bob Wiesen.
Crawford stated he thanks the councilmembers for their efforts during this
challenging yet productive year. He enjoys working with all councilmembers. The Council
staff is second to none. They have the best staff. Happy holidays to all.
Brenner stated she appreciates the Council and its four new councilmembers, which
doesn't happen often. Everyone has worked hard on all the issues and worked well with
each other. She appreciates that people listen to and work with each other.
Kershner stated she also misses Bob Wiesen. Councilmember Brenner can write a
check for $19.23.
Whatcom County Council, 12/7/2010, Page 20
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ADJOURN
The meeting adjourned at 9:21 p.m.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council&o.w hatcom .wa.us
Dana Brown - Davis, Council Clerk
Sam Crawford, Council Chair
Whatcom County Council, 12/7/2010, Page 21