HomeMy WebLinkAboutCouncil May 11 20101
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
WHATCOM COUNTY COUNCIL
Regular County Council
May 11, 2010
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,
L. Ward Nelson and Carl Weimer
Absent: None
FLAG SALUTE
ANNOUNCEMENTS (7:04:48 PM)
From Committee of the Whole:
1. CONSIDERATION OF APPEAL OF HEARING EXAMINER'S DECISION ON
ADMINISTRATIVE APPEAL NO. APL2009 -0024, FILED BY DANIEL JOHNSON
(AB2010 -114)
Nelson moved to uphold the Hearing Examiner's decision.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. UPDATE AND DISCUSSION REGARDING LUMMI ISLAND FERRY DOCK
NEGOTIATIONS (AB2010 -018)
Weimer stated he appreciates the ongoing negotiations with the Lummi Nation. He
hopes they're successful working out an agreement for the continued use of Gooseberry
Point for ferry service. To ensure they cover all the bases on behalf of the Lummi Island
residents, he moved to ask the administration to further explore possible ferry options with
the Port of Bellingham.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 5/11/2010, Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
MINUTES CONSENT (7:06:14 PM)
Brenner moved to approve the nine Minutes Consent items.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. COMMITTEE OF THE WHOLE FOR MARCH 30, 2010
2. REGULAR COUNTY COUNCIL FOR MARCH 30, 2010
3. SPECIAL COMMITTEE OF THE WHOLE FOR APRIL 12, 2010
4. COMMITTEE OF THE WHOLE FOR APRIL 13, 2010
S. REGULAR COUNTY COUNCIL FOR APRIL 13, 2010
6. SPECIAL COMMITTEE OF THE WHOLE (4 P.M.) FOR APRIL 27, 2010
7. COMMITTEE OF THE WHOLE (6:45 P.M.) FOR APRIL 27, 2010
8. REGULAR COUNTY COUNCIL FOR APRIL 27, 2010
9. SPECIAL COMMITTEE OF THE WHOLE (1:00 P.M.) FOR APRIL 27, 2010
OPEN SESSION (7:07:16 PM)
The following people spoke:
• Larry Helm, 2660 E. 41St Terrace, spoke on the Squalicum Ridge development
proposed on Squalicum Ridge.
• Yoshi Ravelle, 4026 Willowbrook Lane, Bellingham, spoke about kindness and
service being more important than money.
• Charles Law, Bellingham, spoke on E- Verify.
• Doris Ferm, 228 S. 42nd Street, Bellingham, spoke on E- Verify.
• Jeff McKay, 4693 Sucia Drive, spoke on E- Verify.
• Tore Slette, 4264 Squalicum Lake Road, spoke on the Squalicum Ridge
development.
• Bruce Diele, Bellingham, spoke on marijuana reform.
• Rosalinda Guillen, Community -to- Community Development Executive
Director, spoke on E- Verify.
• Maria Villalpndo, Washington Community Action Network, Seattle, spoke on
E- Verify.
• Barbara Sternberger, Rural Avenue Neighborhood Association, spoke on jail
siting.
• Abe Jacobsen, 2314 Samish Way, spoke on contributions to councilmembers'
campaigns, fair wages for workers, and Council items AB2010 -182 and 182A.
• Leonard Lindstrom, citizen, spoke on social problems.
• Lincoln Rudder, 8373 Semiahmoo Drive, spoke on the Lincoln Road
expansion.
• Patty Rudder, 8373 Semiahmoo Drive, spoke on the Lincoln Road expansion.
Whatcom County Council, 5/11/2010, Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
• (Clerk's Note: The speaker following Patty Rudder requested that his /her
testimony not be included in the minutes.)
• Erin Thompson, 3103 Coolidge Drive, Bellingham, spoke on E- Verify.
• Mary Nguyen, 4015 Eliza Avenue, Bellingham, spoke on E- Verify.
• Joaquin Martinez, citizen, spoke on E- Verify.
• Bob Wiesen, 3314 Douglas Road, spoke on the Farm Friends presentation and
E- Verify.
• Doralee Booth, 8188 Birch Bay Drive, spoke on the Lincoln Road expansion.
• Carol Sandvig, 8212 Birch Bay Drive, spoke on the Lincoln Road expansion.
• Dennis Sandvig, 8212 Birch Bay Drive, spoke on the Lincoln Road expansion.
• Claudia Hollod, 8240 Birch Bay Drive, spoke on the Lincoln Road expansion.
• Andeleja Tafoya, 2901 Bill McDonald Parkway, Bellingham, spoke on E- Verify.
• Greg Brown, Saddlestone Drive, spoke on E- Verify.
• Michael Gleason, Mosquito Lake Road, Deming, spoke on E- Verify.
• Michael McBride, 5419 Quail Run, Blaine, spoke on the Lincoln Road
expansion.
• Chet Dow, 5491 Woodfern Way, spoke on Whatcom County as a progressive
county, the Ethics Commission proceeding on Councilmember Nelson, and
campaign contributions.
• Eric Robison, 1814 Texas Street, Bellingham, spoke on E- Verify.
• Gregory Jillik, 920 — 22nd Street, Bellingham, spoke on E- Verify.
PUBLIC HEARINGS (8 :12 :26 PM)
1. RESOLUTION VACATING A PORTION OF PORTAL WAY (AB2009 -406A)
(8 :12 :33 PM)
Crawford opened the public hearing and the following person spoke:
Mark Douglas, 1305 Broad Street, stated he is in favor of the vacation. He manages
Grandview Business Center, and works for the developer. There is an existing right -of -way
permit for connection to Public Utility District 1. The house to the north is already
encroaching on the right -of -way request. One reason for the vacation is to clean this all up,
and restore the original right -of -way line.
Hearing no one else, Crawford closed the public hearing. (8 :14 :49 PM)
Nelson 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)
CONSENT AGENDA (8 :15 :31 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve all ten Consent Agenda items.
Brenner withdrew items three and seven.
Whatcom County Council, 5/11/2010, Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
The motion to approve Consent Agenda items one, two, four through six, and eight
through ten 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
CONTRACT BETWEEN WHATCOM COUNTY AND ENGINEERING ECONOMICS,
INC. FOR THE COMMISSIONING AUTHORITY TO ATTAIN A SILVER
CERTIFICATION IN THE US GREEN BUILDING COUNCIL'S LEED PROGRAM
FOR THE EAST WHATCOM REGIONAL RESOURCE CENTER, IN THE AMOUNT
OF $17,000 (AB2010 -200)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN WHATCOM COUNTY AND OLYMPIC SECURITY, INC.
FOR THE PURPOSE OF PROVIDING SECURITY SERVICES, SECURITY
SCREENING, AND X -RAY SERVICES AT THE WHATCOM COUNTY
COURTHOUSE, IN THE AMOUNT OF $125,000 (AB2010 -201)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO
CONTRACT AMENDMENT #2 BETWEEN WHATCOM COUNTY AND VERTICAL,
INC. AUTHORIZING ADDITIONAL SERVICES FOR THE ALTERATIONS TO THE
CIVIC CENTER ANNEX, IN THE AMOUNT OF $84,076.58 (AB2010 -202)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Brenner stated she has concerns about the skin of the building, and that it will likely
leak and have to be repaired again. They're going to do the whole building. Make sure they
do what needs to be done to prevent future leaking before they put in parts that will have to
be redone.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Weimer, Knutzen, Mann and Kershner (6)
Nays: Brenner (1)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD
CONSTRUCTION CONTRACT BID #10 -17 FOR 2010 HOT MIX ASPHALT
PRELEVEL AT MISCELLANEOUS LOCATIONS TO LOWEST BIDDER,
ASSOCIATED ASPHALT INC., OF FERNDALE, IN THE AMOUNT OF $388,690
(AB2010 -203)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND LOW BIDDER, LEN HONCOOP
GRAVEL, INC., TO INSTALL A STORMWATER BIOINFILTRATION SWALE IN
THE LAHTI DRIVE /BRITTON ROAD AREA, IN THE AMOUNT OF $182,476.90
(AB2010 -204)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
DELEGATED LEASE BETWEEN WHATCOM COUNTY AND THE DEPARTMENT OF
NATURAL RESOURCES FOR LEASE OF 3373 MT. BAKER HIGHWAY FOR USE
AS A FIELD OFFICE (AB2010 -205)
Whatcom County Council, 5/11/2010, Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #10 -35
FOR THE SUPPLY OF TWO REPLACEMENT SWEEPERS TO SOLE BIDDER,
CLYDE WEST INC., IN THE AMOUNT OF $97,470.68 (AB2010 -206) (8:18:02
PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Brenner stated the sweepers are not critical for emergencies. They are maintenance
equipment. The County should use the ones they have until they get to a point where the
cost - benefit ratio doesn't pan out. If the equipment stops working, contact for the work
until the County replaces the equipment. These are supposed to last a good long time.
This is not critical equipment at this time.
Mann stated these are budgeted items and a year overdue for replacement. Staff is
doing a good job maintaining the equipment, but they've heard from staff today that it's
time to replace the equipment now, before they aren't able to resell it.
Knutzen stated he agrees with Councilmember Brenner. He asked whether the
County needs to be in the street - sweeper business. He would like to know what it would
cost to contract the service. They are in a budget crunch, and have to meet certain
numbers.
Brenner stated the County doesn't put the equipment up for sale. It goes to auction.
The County doesn't usually get a lot of money for things that go to auction. It's not like
they are going to get much more money now than if they waited to sell it later, when it's
not working. That's not an issue here.
Crawford stated he is in favor of the motion. This is a planned purchase that has
been delayed. There is a lot of opportunity to contract County work. The County does a lot
of contracting. However, basic road maintenance and operations is funded from most of the
road taxes. Very little of the road tax goes to capital improvements. The County has over
1,000 miles of road to take care of. They must replace the equipment on a schedule that
allows the County to maintain the equipment and get the maximum life possible. This is a
wise purchase.
Knutzen stated he's seen maximum life on County vehicles. He knows contractors
who use them to haul gravel and do other things, and who brag about how long they last.
Brenner stated people in the private sector don't get rid of running equipment. The
County needs to change how it does business. She would have a different opinion if this
was for an emergency like flooding.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Weimer, Mann and Kershner (5)
Nays: Brenner and Knutzen (2)
S. RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO MAKE
APPLICATION FOR GRANT FUNDING ASSISTANCE THROUGH THE
WASHINGTON WILDLIFE AND RECREATION PROGRAM FOR THE PURCHASE
OF PROPERTY FOR FUTURE PARK PURPOSES IN THE CITY OF FERNDALE
(RIVERPLACE PARK) (AB2010 -207)
Whatcom County Council, 5/11/2010, Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BANNER BANK FOR A LOAN
LOSS RESERVE FUND PROGRAM TO PROVIDE FINANCING SOLUTIONS FOR
PARTICIPATING ENERGY USERS, ALLOWING THEM TO OVERCOME THE
FIRST COST BARRIER AND PAY FOR ENERGY EFFICIENCY IMPROVEMENTS
OVER TIME, MATCHING ENERGY COST SAVINGS WITH LOAN PAYMENTS, IN
THE AMOUNT OF $235,000 (AB2010 -208)
10. REQUEST APPROVAL FOR ADDITIONAL FUNDING FOR THE CENTER FOR
ECONOMIC VITALITY ADMINISTERED THROUGH WESTERN WASHINGTON
UNIVERSITY TO SUPPORT BUSINESS RETENTION AND EXPANSION
ACTIVITIES THROUGH WHATCOM COUNTY, FUNDING THROUGH THE EDI
PROGRAM, PUBLIC UTILITY IMPROVEMENT FUND, IN THE AMOUNT OF
$100,000 (AB2010 -209)
OTHER ITEMS
1. ORDINANCE ESTABLISHING THE LINCOLN ROAD CONSTRUCTION FUND FOR
THE RECONSTRUCTION OF ROADWAY FROM SHINTAFFER ROAD TO
HARBORVIEW ROAD TO INCLUDE 12 -FOOT LANES, 8 -FOOT SHOULDERS,
STORM SEWERS, STORMWATER TREATMENT SWALES, AND LEFT TURN
LANES ON LINCOLN ROAD AND HARBORVIEW ROAD (AB2010 -196) (8:24:54
PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance. However, he is against the ordinance. This expense is about one -
tenth of the road budget. The road counts were wrong by a factor of two. They were taken
around the Fourth of July holiday in the summer. Traffic is much lower in the winter. Don't
spend this much money on this road at this time.
Brenner stated safety is the biggest factor. She doesn't feel safe on the road. Also,
the project takes cars off of Birch Bay Drive. It will save the County money to move traffic
off that road. It would cost more than $1.5 million that is the County share for the County
to do safety upgrades to the road.
Mann stated the one good argument is that the project will pull traffic off of Birch
Bay Drive. He hasn't seen any analysis that shows that.
Nelson stated this project has attached grant funding. He asked if Councilmember
Nelson has another project in mind for the grant funds.
Mann stated he doesn't. This is a shovel -ready project. The County wouldn't be able
to spend that grant money elsewhere. They would have to forgo it. He is not willing to
spend $1.5 million just because $2.4 million is attached to it. They rationalize that a lot in
their decision - making process. They got information from the Bike and Pedestrian
Committee, which mentioned certain bridges weren't safe and asked for added space for
pedestrians and bike lines. There could be a few distributed projects that would increase
safety throughout the county, as opposed to this one project.
Brenner stated the Bike and Pedestrian Committee letter also said it would rather
have sidewalks on Yew Street Road by the school. That is in the Yew Street Road project,
Whatcom County Council, 5/11/2010, Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
so she isn't sure what the committee knows. Road money should be spent on safety
factors. This is one of them. Also, years ago, there used to be much more traffic in the
summer than in the winter in Birch Bay. Now, there is a lot of traffic in the winter. People
are living full -time in the houses there.
Kershner asked if they would install a street light.
Joe Rutan, Public Works Department, stated there are no plans for street lights.
Birch Bay has a lighting district, could extend the boundaries, and come to the Council with
the proposal. Regarding the traffic count, he erroneously said the traffic count is 3,500
vehicles each way. It is actually 3,300, including both directions. They took the county
over ten days, and did not include the data from the Fourth of July. This project has been
on the six -year program since he started working here. It has been a high - priority, even
before the 2008 counts. They counted all the roads in the area. The Lincoln Road
Alternative Analysis study indicates how much traffic would come off Birch Bay Drive. He
can provide that study.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen and Kershner (6)
Nays: Mann (1)
2. ORDINANCE FOR 2010 PROJECT BUDGET REQUEST NO. 3 FOR FUNDING
FROM THE LINCOLN ROAD CONSTRUCTION FUND FOR COMPLETION OF
PRELIMINARY ENGINEERING, RIGHT OF WAY ACQUISITION COSTS AND
CONSTRUCTION COSTS FOR THE LINCOLN ROAD PHASE I PROJECT IN THE
AMOUNT OF $3,900,000 AND TO REQUEST AN APPROPRIATION FROM THE
ROAD FUND TO FUND A TRANSFER TO THE LINCOLN ROAD CONSTRUCTION
FUND IN THE AMOUNT OF $1,500,000 (AB2010 -196A) (8:36:05 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance. However, he does not approve of the project.
Kershner asked about funding.
Frank Abart, Public Works Department Director, stated this is a $3.9 million project.
Of that total cost, $2.4 million will come from grant funds, and $1.5 million will come from
the road fund.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen and Kershner (6)
Nays: Mann (1)
3. ORDINANCE LIMITING TOTAL ANNUAL REAL ESTATE PROPERTY TAX
INCREASES, INCLUDING THE USE OF BANKED CAPACITY, TO ONE PERCENT
PER YEAR UNLESS A NON - BINDING ADVISORY BALLOT MEASURE WITH ANY
PROPOSED ADDITIONAL INCREASES IS PLACED BEFORE WHATCOM COUNTY
VOTERS (AB2010 -182) (8 :38 :57 PM)
Crawford moved to adopt the ordinance.
Brenner stated they cannot make it binding, according to State law. Given the
economy, she won't even consider using banked capacity. She is in favor of asking the
public before tax increases of banked capacity.
Whatcom County Council, 5/11/2010, Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Mann moved to amend the ordinance to add language, "BE IT FURTHER
ORDAINED, that any proposed individual project or budget item by any department, if
greater than 1% of the fund from which it is paid and which are funded by the County
Council - controlled funds, shall be put to a nonbinding advisory vote of the people of
Whatcom County, by means of a ballot measure to be voted upon in a countywide
November general election."
Brenner stated there is a difference between this and going above and beyond the
budget. The motion restricts them from not being able to move money around the current
budget. That is a different issue. She is against the amendment because it is money that is
already in the budget. It would cost much more to do all that. The motion has nothing to
do with tax increases. People expect the County to use the money budgeted.
Mann stated they've pointed out that they want to ask people if they think the
Council is doing a good job. This is another opportunity to allow the citizens to weigh in.
Brenner stated she's asking the citizens if they want the Council to significantly
increase taxes. That's different from asking the citizens if the County is doing a good job.
Nelson stated the people elected the Council to work within the budget. When they
want more money, they have to talk to the voters. It's their money. He is against the
amendment.
Mann withdrew his motion to amend. He moved to amend the ordinance to add
language, "BE IT FURTHER ORDAINED, that any proposed reduction in government
services greater than 1 %, which are funded by the aforementioned County Council -
controlled funds, shall be put to a nonbinding advisory vote of the people of Whatcom
County by means of a ballot measure to be voted upon in a countywide general election."
This has to do with the overall budget, and how they operate it.
Crawford stated this ordinance is about a tax issue, not an expenditure or revenue
issue.
Mann stated he's not sure why those aren't related. They take people's money and
spend it.
Crawford stated there is a certain amount of money the County is taking. This
ordinance is not retroactive. It sets a baseline for where they are at today, which is the
amount they are taxing now. If they are going to take more than the annual increase of
one percent, the County should see if the people are in general agreement that it's
necessary. He doesn't make the connection with applying the same philosophy to cutting
expenditures.
Mann stated the connection is obvious. People depend on base level services. He
understands the logic of putting forward a vote to raise taxes above one percent to keep
those services. If the County needs to cut those services greater than one percent, the
public should be aware of it and have an opportunity to weigh in on it. The point isn't that
they shouldn't cut expenditures. If they can deliver the same services with fewer
expenditures, it's great. He's measuring it by services, not expenditures.
Whatcom County Council, 5/11/2010, Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
Knutzen stated a third -party service provider could provide nothing for the County's
money, because they will know that the funding will continue unless the County goes to the
voters.
Brenner stated there is a difference between entitlements or wants and basic public
services that are necessary. They wouldn't get a consensus on what those basic needs are,
versus what some people would like to have. It's up to the Council to decide that.
Mann withdrew his motion to amend. He moved to amend the ordinance to add
language, "BE IT FURTHER ORDAINED, that any proposed change in a land use
designation or zoning, if greater than 1% of the total Whatcom County land (not including
federal lands) shall be put to a non - binding advisory vote of the people."
Crawford stated he respects that Councilmember Mann has made an excellent point.
Mann stated it appears that this will fail, so he will withdraw his motion to amend.
He appreciates Councilmember Crawford allowing him to make his amendments.
Mann stated the councilmembers get good feedback on their voting. This is not
necessary. If it is necessary, other things are equally important, such as land use and
levels of service. Tax increases aren't the only thing that are worthy for getting feedback
from the public at- large. That is the point of his amendments.
Knutzen asked if the general population feels that they are over -taxed or over -
serviced by government.
Mann stated he thinks about 50 -50 right now.
Brenner stated she actually agrees with Councilmember Mann's point, if it were
specifically about basic public services. They have gone out for votes on basic public
services, and the public has supported them.
Kershner stated they also have public processes in place that lead the Council
through decision - making on land use and other decisions. Decisions to increase taxes aren't
run through a committee or board that makes recommendations. There isn't a public
process for setting tax rates. It's unlikely she will vote to raise taxes more than one percent
at any time. It's a good thing to put in place to offer the public during the time when
they're taxes have increased 30 percent, without an opportunity to weigh in on the issue.
Weimer stated he is against both the ordinance and the resolution on this matter.
He doesn't understand how it will work. According to the County Charter and budget
process, the Executive and Council has to meet specific timelines. There is a disconnect in
the timeline. Another issue is that they all get elected to represent the public. If the public
doesn't like what the councilmembers do, they can not reelect them. He took credit for
raising the flood tax a couple of years ago, and he was still reelected. He's not clear that
there's a big public uproar that the public wants to vote on everything.
Crawford stated the administration can present parallel budgets to account for
different taxing levels.
Weimer stated the Council gives the administration general budget direction in June.
The Council doesn't hear much again until late August or September. Department heads
Whatcom County Council, 5/11/2010, Page 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
don't have to provide information to the administration until August. It's counter to the
Charter, and will cost more money for the administration to develop parallel budgets.
Brenner stated they don't have to put together two parallel budgets. The Council
already knows what it's in for this year. They can be as knowledgeable or naive as they
want about what is coming.
Mann stated the County hasn't raised taxes at all under Executive Kremen's
leadership. He's been very frugal with tax money. The people have voted to tax
themselves for special issues. People in this county are willing to pay more for certain
services they want. This does provide more opportunity for that, but he's not sure it's the
best use of everyone's time to debate those things. It feels a bit like micromanaging, but
it's not the end of the world.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Knutzen and Kershner (5)
Nays: Mann and Weimer (2)
4. RESOLUTION LIMITING TOTAL ANNUAL REAL ESTATE PROPERTY TAX
INCREASES FOR THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT,
INCLUDING THE USE OF BANKED CAPACITY, TO ONE PERCENT PER YEAR
UNLESS A NON - BINDING ADVISORY BALLOT MEASURE WITH ANY
PROPOSED ADDITIONAL INCREASES IS PLACED BEFORE WHATCOM COUNTY
VOTERS (AB2010 -182A) (9:03:45 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Crawford moved to approve the resolution.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Knutzen and Kershner (5)
Nays: Mann and Weimer (2)
5. REQUEST CONFIRMATION OF COUNTY EXECUTIVE'S APPOINTMENT OF
CHRISTOPHER BROWN TO THE WHATCOM COUNTY VETERAN'S ADVISORY
BOARD (AB2010 -211) (9:05:07 PM)
Nelson 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)
6. REQUEST CONFIRMATION OF COUNTY EXECUTIVE'S APPOINTMENT OF TODD
CHILDS TO THE DEVELOPMENTAL DISABILITIES BOARD (AB2010 -212)
(9:05:32 PM)
Brenner 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)
Whatcom County Council, 5/11/2010, Page 10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
7. RESOLUTION PROCLAIMING MAY 15, 2010, AS PEACE OFFICERS MEMORIAL
DAY (AB2010 -198) (9:06:02 PM)
Bill Elfo, Sheriff, stated they've lost nine police officers within Washington State and
138 officers across the country since the last Police Officers Memorial Day. He read the
proclamation.
Crawford moved to approve the resolution. He thanked the Sheriff for bringing this
forward.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
INTRODUCTION ITEMS (9 :09 :43 PM)
Nelson 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)
1. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY BUDGET, TENTH
REQUEST, IN THE AMOUNT OF $556,762 (AB2010 -213)
2. ORDINANCE AMENDING THE WHATCOM COUNTY CODE, ON AN INTERIM
BASIS, TO ALLOW FOR A ONE -TIME, TWO YEAR ECONOMIC HARDSHIP
EXTENSION TO LAND USE PERMIT EXPIRATIONS (AB2010 -180)
3. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 20, TO CLARIFY
AND REVISE THE DEFINITION AND STANDARDS OF HOME OCCUPATIONS
(AB2010 -047) (REVISED VERSION)
4. ORDINANCE AMENDING ORDINANCE 2009 -071, THE OFFICIAL WHATCOM
COUNTY ZONING MAP, AND COUNTY COMPREHENSIVE PLAN AND MAPS, TO
IMPLEMENT CHANGES RELATED TO COMPLETION OF THE 10 -YEAR REVIEW
OF THE URBAN GROWTH AREAS REQUIRED UNDER THE GROWTH
MANAGEMENT ACT, SPECIFICALLY THE URBAN GROWTH AREAS OF BIRCH
BAY, FERNDALE, NOOKSACK, AND SUMAS (AB2010 -054C)
OTHER BUSINESS
Kershner asked if there is action the Council should be taking regarding E- Verify.
Pete Kremen, County Executive, stated the administration is researching it.
Brenner stated she's spent many years in foreign countries. This country is
amazingly open to people from other places. It may scare people in other countries, and
Whatcom County Council, 5/11/2010, Page 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
she understands that feeling. She lived years in other countries where she always had to
carry her passport and was even put in jail when she forgot. In this country, they are much
more sensitive to that. They can't do racial profiling in this country. Some people believe
that's what happening, and feel very intimidated. E- Verify is one of many solutions they
should enact. The federal government should do it, but it isn't.
Crawford asked about parking space pay meters in front of the courthouse, and if the
City is going to start charging for parking in front of the courthouse.
Dewey Desler, Deputy Administrator, stated it's a city street.
Crawford stated the City granted the free 30- minute parking to begin with, and is
now going to charge for parking.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Weimer stated he will spend next week in Washington D.C.
Knutzen stated he was not able to attend the Sustainable Connections event, due to
PDC requirements.
Crawford stated they are allowed to attend. The PDC reporting threshold is $50.
Councilmember Knutzen could have accepted the ticket, but would have had to report it.
Knutzen stated he was invited to do National Day of Prayer in Lynden, which he
attended.
Mann stated May 15 is also Pedal With Your Politician Day at the Farmer's Market, at
noon. He will attend the event, but will not be able to participate this year.
Brenner stated she was able to visit the industrial wind generators in Ellensburg, to
gain a better understanding of 300 -foot wind turbines.
OTHER BUSINESS
DISCUSSION REGARDING THE DRAFT PUBLIC PARTICIPATION PLAN FOR THE
PERIODIC REVIEW REQUIRED BY THE GROWTH MANAGEMENT ACT (RCW 36.70A)
(AB2010 -210)
Knutzen reported for the Planning and Development Committee.
David Stalheim, Planning and Development Services Department Director, stated
every jurisdiction must have a public participation program. The County didn't do this step
until last year. It's appropriate for the Planning Committee to forward it to the full Council.
Councilmember Kershner had some editorial suggestions. He would prefer to hold this for
two weeks and schedule it before the full Council at that time.
Whatcom County Council, 5/11/2010, Page 12
1
2
3
4
5
6
1
1
1
1
1
1
16
17
ADJOURN
The meeting adjourned at 9:22 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, 5/11/2010, Page 13