HomeMy WebLinkAboutCouncil March 30 20101
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WHATCOM COUNTY COUNCIL
Regular County Council
March 30, 2010
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 6:58 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present:
Absent:
FLAG SALUTE
ANNOUNCEMENTS
Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken
Mann, Carl Weimer, L Ward Nelson
None
Crawford stated the Committee of the Whole had a discussion regarding the
proposed ordinance amending Whatcom County Code 2.02, County Council
(AB2010 -143A) and a discussion regarding the proposed ordinance amending
Whatcom County Code 2.03, Boards and Commissions (AB2010- 1438). They are
working on the appointment process in the Code.
MINUTES CONSENT
Brenner moved to approve the Minutes Consent Items.
The motion carried by the following vote:
Ayes: Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Nelson (out of the room)(1)
1. SURFACE WATER WORK SESSION FOR FEBRUARY 16, 2010
2. COMMITTEE OF THE WHOLE FOR FEBRUARY 23, 2010
3. REGULAR COUNTY COUNCIL FOR FEBRUARY 23, 2010
4. COMMITTEE OF THE WHOLE FOR MARCH 16, 2010
Whatcom County Council, 3/30/2010, Page 1
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OPEN SESSION
The following people spoke:
• (Clerk's Note: The first speaker requested that his /her testimony not be
included in the minutes.)
• Mike Gleason, 4161 Mosquito Lake Road, spoke E- Verify.
• Jeff McKay, 4216 Sucia Drive, spoke on E- Verify.
• Jeremiah Chaussee, 6079 Shannon Avenue, Ferndale, spoke on E- verify.
• Elizabeth Gleeson, 4161 Mosquito Lake Road, spoke on E- Verify.
• Bob Wiesen, 3314 Douglas Road, spoke on limited areas of more intense rural
development (LAMIRDs) and the pipeline ordinance.
• Paul Issacson, 3940 Issacson Road, spoke on councilmembers treating people
with respect.
• Joan Carson, Resident, spoke on E- Verify.
Brenner stated she would like an update on E- Verify.
Crawford stated the Human Resources Division sent a lengthy memo regarding E-
Verify. Conceptually, most councilmembers seem to approve the idea, but there is more to
implementation than they thought. The administration is still pursuing E- Verify. They are
working on the issue. There is no evidence that the County or any of it's contractors have
ever hired an illegal alien. No evidence has been presented for that. They are making it a
priority, but the Council also has a lot of priorities, and the myriad of Council issues is
broader than imaginable. Congress and many governments are going through this same
struggle. Congress is trying to fix some of the things that are broken with E- Verify. That
doesn't dissuade the County Council from implementing it as it is practical.
Kershner stated she met with Human Resources staff recently to talk about E- Verify.
That's the reason they received a memo.
PUBLIC HEARINGS
1. RESOLUTION ADOPTING THE WHATCOM COUNTY COMPREHENSIVE SOLID &
HAZARDOUS WASTE MANAGEMENT PLAN (AB2010 -141)
Crawford opened the public hearing and, hearing no one, closed the public hearing.
Kershner moved to approve the resolution.
Knutzen asked where they are on the goal of 50 percent recycling.
John Hutchings, Public Works Department, stated 40 to 50 percent is the range of
where they are at, according to records at the Department of Ecology.
Weimer stated he is against the resolution, as a protest. It doesn't seem to make
any difference. The Department of Ecology doesn't seem to care. There are no specific
programs, concerns, priorities, or budgets. The plan is for 2008 through 2012, so the plan
is almost half over before they even received it. Waste prevention, the highest priority,
has no programs associated with it. It's copied from the Snohomish County plan verbatim.
Whatcom County Council, 3/30/2010, Page 2
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They didn't even tweak it for Whatcom County. The Department of Ecology doesn't really
approve of the plan. County staff is about to be cut in half. All the programs for waste and
pollution prevention have been eliminated. This plan doesn't discuss any of those problems.
All the Department of Ecology grant money now goes to a lower priority, the Disposal of
Toxics Program, which serves less than five percent of the county population. There is no
discussion of cost control, so they could proceed with other projects. They have a goal for
recycling rates, but they haven't done any studies to know their true recycling rate. They
don't even know where the recycled materials from this community go. It's not much of a
plan. The plan has a list of good ideas, but no priorities or good movement forward. The
Department of Ecology doesn't have the staff to help write it well. The Department of
Ecology suggested that Whatcom County approve the plan, because it would be easier to
amend it without solid waste staff than to start over. He described the history of the plan.
The Washington Utilities and Transportation Commission rebuked Whatcom County because
the County's solid waste ordinances conflict with what is actually happening.
Brenner asked if the Solid Waste Advisory Committee approved the plan. Hutchings
said it did. This has been in the works since 2004. There was a move to get an outside
consulting firm to develop the document. At that point, staff decided that the Solid Waste
Division staff would work on it, with the help of the Department of Ecology and the Solid
Waste Advisory Committee (SWAC). That went on for quite some time. A couple of years
ago, the document was mostly complete. It underwent State Environmental Policy Act
(SEPA) review, which took a little while. It was discussed extensively by the Solid Waste
Advisory Committee. Review by the Department of Ecology took nearly a year. Public
Works staff integrated additional information into the appendix of this document. It
remains a 2008 document because they would have to redo a number of those
conversations to make it a 2010 document. The analysis in the appendices remain the
status quo as of 2008, when the initial draft was put forward. It's unfortunate that it has
taken this long. A plan is in place now. This would be the third update to the existing plan.
The Department of Ecology gave guidance to the County to get away from some of the
specificity that was provided for in the earlier documents. In some cases, certain activities
were called out. It was suggested that certain organizations could accommodate the needs
of the County. That wasn't necessarily appropriate. Those solid waste objectives ought to
be written in a generic fashion so work plans could be developed to deal with the level of
specificity that is necessary. He agrees that it would behoove Whatcom County to have
more discussion about how to implement some of these activities. They have to do some
prioritization to do that. He continued to describe the history of the plan. He suggests the
Council approve the plan today. They can have more detailed discussion about what to do
next during the budget cycle.
Knutzen asked about the Health Department implementing small quantity
generators. Hutchings stated small quantity generators are businesses that produce
moderate hazardous waste. The Disposal of Toxics Waste Facility has been successful, but
the question is whether the County is providing an inexpensive mechanism for people to get
rid of their moderate risk waste, as opposed to investing in trying to reduce the use of those
wastes. There is a philosophical question.
Brenner stated she would like to table this item. She has issues that might need to
be discussed in Executive Session. She moved to refer the resolution to Committee of the
Whole, possibly in Executive Session, for 15 minutes in two weeks.
Karen Frakes, Prosecutor's Office, stated the type of issue Councilmember Brenner
wants to discuss should be discussed in Executive Session.
Whatcom County Council, 3/30/2010, Page 3
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Nelson stated this motion is out of order at this time. They haven't had adequate
discussion of the merits of the information. He would like to get some clarity on timelines.
The motion to refer to Committee of the Whole failed by the following vote:
Ayes: Brenner and Weimer (2)
Nays: Nelson, Crawford, Knutzen, Mann and Kershner (5)
Crawford stated he supports the resolution. As they discuss budget priorities, they
can talk about taking on some of these things. There isn't much harm in copying
Snohomish County's plans. That County faces similar issues. The State Department of
Ecology sent a letter saying it worked for a year on the plan, to its satisfaction.
The motion to approve the resolution carried by the following vote:
Ayes: Nelson, Crawford, Knutzen, Mann and Kershner (5)
Nays: Brenner and Weimer (2)
CONSENT AGENDA
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda Items one through nine.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND SIEMENS
INDUSTRY, INC. FOR TECHNICAL SUPPORT FOR THE HVAC CONTROLS FOR
THE COUNTY COURTHOUSE, JAIL, JAIL WORK CENTER AND NW ANNEX, IN
THE AMOUNT OF $21,771 (AB2010 -150)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE
BETWEEN WHATCOM COUNTY AND WHATCOM COUNTY FIRE PROTECTION
DISTRICT NO. 21 FOR THE COST OF RENT AND UTILITIES AT THE LAUREL
FIRE STATION, IN THE AMOUNT OF $44,222.75 (AB2010 -151)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD THE BID AND
ENTER INTO A CONTRACT WITH SINGLE SOURCE BIDDER, THE BELLINGHAM
HERALD, FOR OFFICIAL PRINTING SERVICES (AB2010 -152)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT WITH SOLE SOURCE VENDOR, THOMSON WEST, FOR ON LINE
AND HARD BOUND RESEARCH TOOLS FOR THE WHATCOM COUNTY LAW
LIBRARY, IN THE AMOUNT OF $25,291 (AB2010 -153)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #10 -06
TO LOW BIDDER, MCASPHALT INDUSTRIES, FOR DELIVERY AND SUPPLY OF
ASPHALTIC EMULSIONS, IN THE ESTIMATED AMOUNT OF $840,000
(AB2010 -154)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE THE
PURCHASE OF THE ANNUAL 2010 SUPPLY OF WATERBORNE TRAFFIC LINE
Whatcom County Council, 3/30/2010, Page 4
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PAINT BY PUBLIC WORKS MAINTENANCE AND OPERATIONS USING AN
INTERLOCAL AGREEMENT WITH PIERCE COUNTY, THROUGH VENDOR PERVO
PAINT PRODUCTS, IN THE AMOUNT OF APPROXIMATELY $450,000
(AB2010 -155)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LOCAL
AGENCY STANDARD AGREEMENT BETWEEN WHATCOM COUNTY AND CH2M
HILL, INC. FOR GEOTECHNICAL INVESTIGATION, ANALYSIS, AND DESIGN
SERVICES FOR THE SOUTH PASS ROAD STRUCTURAL SLOPE REPAIR
PROJECT, IN THE AMOUNT OF $39,990.03 (AB2010 -156)
8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN LUMMI NATION AND WHATCOM
COUNTY RELATED TO THEIR AMERICAN RECOVERY AND REINVESTMENT ACT
FUNDED PROJECT TO RAISE A SEGMENT OF MARINE DRIVE BETWEEN
LUMMI SHORE ROAD AND COUNTY BRIDGE #5 (AB2010 -157)
9. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
PURCHASE AND SALE AGREEMENT WITH THE NATURE CONSERVANCY FOR
THE ACQUISITION OF APPROXIMATELY 146 ACRES FOR PARK PURPOSES AT
LILY POINT, IN THE AMOUNT OF $1,316,915 (AB2010 -158)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY BUDGET, EIGHTH
REQUEST, IN THE AMOUNT OF $462,943 $542,943 (AB2010 -142)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. RESOLUTION APPROVING THE ALLOCATION RECEIVED FROM THE STATE OF
WASHINGTON OF RECOVERY ZONE FACILITY BOND TO THE PORT OF
BELLINGHAM (AB2010 -148)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the resolution.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO EXECUTE A
QUITCLAIM DEED WITH THE STATE OF WASHINGTON DEPARTMENT OF
TRANSPORTATION FOR THE SALE OF APPROXIMATELY 10,424 SQUARE FEET
OF PROPERTY AT THE INTERSECTION OF MOUNT BAKER HIGHWAY AND
SMITH ROAD FOR THE COMPLETION OF A ROUNDABOUT, IN THE AMOUNT
OF $12,600 (AB2010 -149)
Whatcom County Council, 3/30/2010, Page 5
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Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
4. RESOLUTION DESIGNATING A RECOVERY ZONE FOR PURPOSES OF
SECTIONS 14000 -1 AND 14000 -2 OF THE INTERNAL REVENUE SERVICE
CODE OF 1986, AS AMENDED, AND THE AMERICAN RECOVERY AND
REINVESTMENT ACT OF (AB2010 -167)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the resolution.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
S. NOMINATIONS AND APPOINTMENT TO FILL VACANCY ON DRAINAGE
IMPROVEMENT DISTRICT #3. APPLICANTS: LOREN VANDERYACHT
(AB2010 -120)
Nelson moved to appoint Loren Vanderyacht by acclamation.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
6. NOMINATIONS AND APPOINTMENT TO FILL VACANCY ON DRAINAGE
IMPROVEMENT DISTRICT #15. APPLICANTS: JERALD VISSER (AB2010-
121)
Nelson moved to appoint Jerald Visser by acclamation.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
7. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
BETH MORGAN AND GERALD KERN TO THE FOOTHILLS SUB -AREA PLAN
ADVISORY COMMITTEE (AB2010 -161)
Nelson moved to confirm the appointments.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
S. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
ALTHEA WILSON AND TERESA BOSTETER TO THE WHATCOM COUNTY
SUBSTANCE ABUSE ADVISORY BOARD (AB2010 -162)
Whatcom County Council, 3/30/2010, Page 6
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Brenner moved to confirm the appointments.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
9. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S RE- APPOINTMENT
OF SHERI EMERSON AND CHERIE STUTSMAN TO THE BELLINGHAM -
WHATCOM COUNTY COMMISSION AGAINST DOMESTIC VIOLENCE (AB2010-
163)
Mann moved to confirm the reappointments.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
10. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENTS OF
HEATHER MCPHEE, ARTHUR REBER, DWAYNE HUNT, LOUISE MUGAR AND
MARCO AURILIO TO THE POINT ROBERTS COMMUNITY ADVISORY
COMMITTEE (AB2010 -164)
Brenner moved to confirm the appointments.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Motion carried 7 -0
11. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S REAPPOINTMENT,
CONCURRENT WITH THE CITY OF BELLINGHAM, OF BARBARA PLASKETT, TO
THE BELLINGHAM - WHATCOM COUNTY HOUSING AUTHORITIES BOARD OF
COMMISSIONERS (AB2010 -165)
Nelson moved to confirm the reappointment.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
INTRODUCTION ITEMS
Crawford stated Introduction Items three and four are withdrawn, item seven
includes a substitute version, and item eight has been added, for a total of six Introduction
Items.
Mann moved to accept the Introduction Items.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 3/30/2010, Page 7
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1. RECEIPT OF AN APPEAL OF THE HEARING EXAMINER'S DECISION ON
APL2009 -0023, FILED BY WESLEY MUSSIO (AB2010 -052)
2. RECEIPT OF AN APPEAL OF THE HEARING EXAMINER'S ON APL2009 -0024,
FILED BY DANIEL JOHNSON (AB2010 -114)
3. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.02, COUNTY COUNCIL
(AB2010 -143A)
4. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.03, BOARDS AND
COMMISSIONS (AB2010 -143B)
S. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF
NEW APPLICATIONS FOR WIND ENERGY SYSTEMS (WES) GREATER THAN
500 KILOWATTS, OR MULTIPLE WES PER PARCEL WITH A CUMULATIVE
RATED OUTPUT ABOVE 100 KILOWATTS (AB2010 -116A)
6. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.80.210, MINIMUM
SETBACKS, TO IMPLEMENT A TEN FOOT SETBACK FOR PROPERTIES ALONG
THE US- CANADA BORDER (AB2010 -166)
7. RESOLUTION AMENDING THE 2010 ANNUAL CONSTRUCTION PROGRAM TO
INCLUDE POTENTIAL FEDERALLY GRANT FUNDED STRUCTURAL
REHABILITATION OF VARIOUS COUNTY HIGH VOLUME ROADWAYS
(AB2010 -160)
8. ORDINANCE AMENDING THE WHATCOM COUNTY CODE, TITLE 20, TO
CLARIFY AND REVISE THE DEFINITION AND STANDARDS OF HOME
OCCUPATIONS (AB2010 -047)
OTHER BUSINESS
Crawford stated there was discussion in the Planning and Development Committee
about final approval of plat applications. This item needs to go through the Planning
Commission.
David Stalheim, Planning and Development Services Department Director, stated the
extension does not go into effect until June 10.
Knutzen stated there is a settlement conference meeting beginning at 10 a.m. on
Monday, April 12, 2010 at Cornwall Church regarding appeals against the County due to the
urban growth area vote on November 24, 2009. The Cornwall Church can accommodate
everyone.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Crawford stated he attended a community meeting on Lummi Island that was well -
attended. Ferry negotiation continues.
Whatcom County Council, 3/30/2010, Page 8
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ADJOURN
The meeting adjourned at 8:01 p.m.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council4o.w hatcom .wa.us
Dana Brown - Davis, Council Clerk
Sam Crawford, Council Chair
Whatcom County Council, 3/30/2010, Page 9