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HomeMy WebLinkAboutCouncil November 9 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 November 9, 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 (7:00 :35 PM) Present: L. Ward Nelson, Sam Crawford, Barbara Brenner, Carl Weimer, Bill Knutzen, Ken Mann and Kathy Kershner Absent: None FLAG SALUTE ANNOUNCEMENTS (7 :01 :31 PM) Crawford presented an award of appreciation to outgoing councilmember Ward Nelson for 17 years of service on the Council. Pete Kremen, County Executive, it's appropriate to recognize Councilmember Nelson's service to the people of the county. His decision to appoint Councilmember Nelson the last year was difficult. He made the right decision. Councilmember Nelson honored his commitment to not run for office again, which was a factor of his decision. Councilmember Nelson is a collaborator and man of conviction, providing excellent public service to the people of Whatcom County for 17 years. Nelson stated he thanks everyone in Whatcom County. This is the best experience a person can have. Everyone works hard to make this a nice place to live. They all only want the best for Whatcom County. Crawford announced there was 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 the Special Committee of the Whole meeting. MINUTES CONSENT (7:09:04 PM) Brenner moved to approve the Minutes Consent items. Whatcom County Council, 11/9/2010, 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 53 The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. REGULAR COUNTY COUNCIL FOR SEPTEMBER 28, 2010 2. SPECIAL COMMITTEE OF THE WHOLE FOR OCTOBER 12, 2010 3. COMMITTEE OF THE WHOLE FOR OCTOBER 12, 2010 4. REGULAR COUNTY COUNCIL FOR OCTOBER 12, 2010 S. SPECIAL COMMITTEE OF THE WHOLE FOR OCTOBER 26, 2010 OPEN SESSION (7:10:01 PM) The following people spoke: • Jennifer Bernard, 2305 Tuttle Lane, Lummi Island, spoke on Lummi Island ferry fares. • Riley Starks, 4300 Macia View Drive, Lummi Island, Willows Inn Owner, spoke on Lummi Island ferry fares. • Megan Krause, Lummi Island, spoke on Lummi Island ferry fares. • Bob Knodt, 1414 - 37th Street, Bellingham, submitted a handout (on file) and spoke on senior centers and the Council on Aging. • Harold Voldt, 873 - 19th Street, Lynden, submitted a handout (on file) and spoke about the Senior Citizen's Program Panel, senior centers and the Council on Aging. • Al Guthrie, Sumas Senior Center President and member of Senior Citizen's Program Panel, spoke on the senior centers and the Council on Aging. • Mark Sexton, 1253 Jamison Street, Lummi Island, submitted a handout (on file) and spoke on Lummi Island ferry fares • Leonard Lindstrom, Bellingham, spoke on social behavior. • Diane Conda, 4595 Wynn Road, Bellingham, submitted a handout (on file) and spoke on jail siting. • Jody Bierman, 1401 Marietta Avenue, Bellingham, spoke on jail siting. • Marion Henderson, Bellingham, spoke on jail siting. • Edmond Bereal, 4540 Curtis Road, Bellingham, submitted a handout (on file) and spoke on jail siting. • Barbara Sternberger, 4540 Curtis Road, Bellingham, spoke on jail siting. • Abe Jacobsen, 2314 Samish Way, Bellingham, spoke on Lummi Island ferry fares. • Kris Ungern, 2095 North Shore Road, Bellingham, submitted a handout (on file) and spoke on the County budget. • Carl Olsen, 2015 - 24th Street, Bellingham, submitted a handout (on file) and spoke on the County budget. • Gary Lysne, 2472 North Shore Road, Bellingham, spoke on the County budget. • Michelle Luke, 3342 Sunrise Cove, Lummi Island, spoke on Lummi Island ferry fares. • Mary Prinsen, 3391 Nicole Lane, Custer, spoke on the Women, Infant, and Children (WIC) Program. • Ken Gass, 2107 Evening Star Lane, Bellingham, spoke on the role of the Health Department. • Gregory Jilik, 920 - 22nd Street, Bellingham, spoke on jail siting. Whatcom County Council, 11/9/2010, 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 53 • Betsy Purnotto, 3112 Alderwood Avenue, spoke on the community's priorities. • (Clerk's Note: The speaker following Betsy Purnotto requested that his /her testimony not be included in the minutes. The speaker's testimony is available on the meeting's audio recording.) • Jim Dickinson, 2094 West Shore Drive, Lummi Island, spoke on Lummi Island ferry fares. • David Parsons, 2231 N. Nugent Road, Lummi Island, spoke on Lummi Island ferry fares. • Shawn McCole, 2064 Sunrise Road, spoke on Lummi Island ferry fares. • Paul Acres, 1730 Squalicum Mountain Road, Bellingham, spoke on creating a lean government. PUBLIC HEARINGS (8 :14 :47 PM) Crawford invited Executive Kremen to make introductory remarks relating to the budget process and provide an overview of changes that have been made up to today. Pete Kremen, County Executive, stated he will discuss Mr. Acres' Lean America Program. In the future, they will plan a two -hour visit to Mr. Acres facility and learn more about his program. There are many positive aspects to learn to make Whatcom County leaner than it is. He invited the public and community members who are concerned with the jail to a meeting on the issue. He would like to have a meeting to discuss that issue, which deserves a discussion with the administration, councilmembers, and the public. He will set a date that will work with the Rural Avenue Neighborhood Association. This has been the most difficult economy since the 1930's. This particular year and this budget process have been the most challenging he's ever experienced. He complimented the County Council on working with the administration to construct a budget that serves the needs of the community, despite the limited revenues. In all other charter counties, the County Executives and their staffs do not consult with their Councils. The differences between the Whatcom County Council and Whatcom County administration is less than one percent of the overall budget. That indicates their ability to work together as a team. These decisions have been the most difficult of his career. He's been listening to the people, councilmembers, and WIC staff. After much deliberation and soul searching, he proposes that they retain the WIC program in the County Health Department. The proposal won't be the status quo, but it will retain the talented staff they have, in part. It will keep them in the Health Department serving the WIC program for County government. To do this, they will capture annual federal and State funds, which adds up to about $430,000. The County general fund will provide $150,000 per year. That enables the County to keep WIC in the Health Department, on a modified basis. They currently have 7.5 full -time equivalent (FTE) employees. In 2011 and 2012, they can keep the WIC Program at adequate levels with 5 FTEs. He will work with the WIC staff and department administration to accomplish this. He's committed to doing so. At the County Council's next meeting in two weeks, he will ask the Council to make a technical correction to the position control numbers for the WIC Program. There has been a lot of discussion about the road fund levy shift to the general fund. After a lot of consideration, he proposes that they instead do a levy shift from the flood fund Whatcom County Council, 11/9/2010, 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 53 to the general fund, not the road fund. It would be very equitable for everyone in Whatcom County, regardless of where they live. It would enable them to fund all the important programs to the general fund, without any inequity. He wants to work with the Council and public to provide all the services needed in the community, and still live within their financial means. Brenner asked about the issue of the senior centers. Kremen stated he has not addressed the issue with any conclusion. He is concerned about some of the issues that have been raised. He's been working with staff. They believe they can get into that issue, but it's doubtful whether or not it will resolve to everyone's liking. He will address the concerns that have been raised. They are valid, and need to be discussed and sorted out. Knutzen asked if they can implement an eight- member advisory committee from the senior centers, as the seniors recommended, which would oversee the centers along with the Council on Aging. Kremen stated there is merit to the proposal. They need to have a meeting with some of the stakeholders, councilmembers, and anyone else who is interested. Discuss the merits of that proposal. Greater representation would be a good thing. No matter what the Council does tonight, he thanks all councilmembers for working with the administration. Bill Elfo, County Sheriff, stated he also thanks the Council for their attention to the severe and serious public safety concerns confronting Whatcom County. He recognizes that the County is facing unprecedented revenue challenges. The community is facing unprecedented challenges that directly affect the safety of every person who lives in and visit the county. Public safety is a primary responsibility of County government. Violence manifests in homicides, child abuse, domestic assaults, gang activity, barricaded suspects, and hostages. There have been two bold attempts to murder police officers with firearms in Whatcom County in the last three months. Eight police officers have been slain in Western Washington in the past two years. The State legislature balances its Department of Corrections budget on the backs of the counties. Sentences normally call for time in the State prison where treatment is provided, but those treatment programs are gone. These folks are being sent to the County jail to serve their sentences. They limit the discretion of the courts. They are also seeing dramatic cutbacks in social services and mental health services. When these services aren't provided, the people will end up back in the jail. It is a perfect storm that will affect everyone in the community. He appreciates that the Council provided guidelines at the beginning of the budget process that emphasized mandates of the County government. The Council also requested efficiencies. The Executive listed safe neighborhoods as his first priority in his budget message, and supports their need for public safety. There are many competing demands for increasingly scarce public resources. There are a lot of difficult choices to be made. He uses those guidelines to form the basis of the Whatcom County Sheriff's Office 2011 and 2012 Fiscal and Operational Plan. He submitted a difficult budget plan. They will experience an overall reduction of $1.5 million during the next budget cycle. This reduction is in addition to those implemented last year and the beginning of 2010. While these reductions will affect their service levels, public safety, and efficiencies, they have carefully and thoughtfully submitted a plan to best use those resources they have to perform their core and primary responsibilities and legal mandates of protecting the members of the public and those in his custody. These reductions are not sustainable beyond the next budget cycle, without resulting in more dramatic impacts to safety, services, and risks. Whatcom County Council, 11/9/2010, 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 These cuts aren't sustainable without a real reduction in services, as they've seen in other counties that haven't prioritized public safety. No simple strategies could have been implemented without affecting the bottom line of providing high quality of service to the public. The community must understand there will be program changes and changes to the types of incidents they handle, and how they are handled. Despite these reductions, they will continue to prioritize and triage services in a competent and professional manner. They have focused core efforts on gaining efficiencies. They have already incorporated some elements of Mr. Acres' lean concept, which resulted in a $43,000 savings and freed staff for operational functions. There are more opportunities there in the future. Nine positions in the Sheriff's Office will remain frozen during the next budget cycle, including two law enforcement deputies, two corrections deputies, three support staff, and two staff members are on extended military leave. He previously explained the program changes planned. The budget and operational plan focuses on the core mission, so they've deployed resources and programs to respond to emergency reports, reports of child abuse, and maintaining a safe jail. Those are his three priorities moving forward. They will keep the essence of some programs. The neighborhood deputy program will remain intact. However, that deputy will at times be used to support patrol. The traffic unit will also be used more to support patrol. They will no longer do Crime Watch programs. That deputy will focus on operational efforts and serving as a neighborhood deputy in areas of the county that don't have a neighborhood deputy. They have made changes to the marine patrol in coordination with the Department of Homeland Security. They have reduced office staff, combined the station deputy and courthouse deputy. All of this will get them through the next couple of years. He will look for more efficiencies. At some point, he will ask the Council to help them find funding for the records management system, to enable information -led policing and reduce support staff needs. Often, the same information on a case is entered into systems multiple times. It is a lot of redundancies and opportunities for error. Small investments in technology will correct much of that. He's trying to reduce medical costs in the jail. He's negotiated lower fees with the healthcare providers. They've gone after third -party insurance companies and the Veteran's Administration, and those in jail who can afford to pay. Inmate medical costs are now down to the 2006 level. They've achieved efficiencies with jail meals. There are more challenges ahead. Someone commented that they should remodel the existing jail. The jail they're in is falling down around them. They will spend millions of dollars to keep this facility functional and safe. They don't need a 2,400 -bed jail in Whatcom County, but they do need to incorporate the appropriate design and technology to reduce the need for staffing. The current jail design is very expensive to operate. It's labor intensive. They want to build smart and to the right size. It also must be able to expand in the future, so they don't have to start over again. Build sufficient infrastructure, including a kitchen facility, medical facility, properly- designed control booths, and the ability to add pods incrementally, if needed. They must plan for the future. They've lost a lot of State funding for the drug task force. It's the only tool they have to preventing gang violence, gun trafficking, and drug trafficking. He's tried to cover those costs without asking the Council for an increase. He's trying to hold things together. The budget is prudent, wise, and will serve the citizens well. Everyone in his agency is committed to doing that. Whatcom County Council, 11/9/2010, 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 Crawford stated the Council must first have the hearings on the levy of taxes for the various funds, then have the budget hearing. 1. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE PURPOSES IN WHATCOM COUNTY FOR THE YEAR 2011 (AB2010 -371) (8 :43:44 PM) Crawford opened the public hearing and the following people spoke: Abe Jacobsen, 2314 Samish Way, Bellingham, stated thanked Executive Kremen for his reconsideration of the Women, Infant, and Children (WIC) Program and the road fund levy shift. Patrick Alesse, 4825 Alderson Road, Birch Bay, stated the tax shift is taking money out of one pocket and putting into another, in the amount of $500,000. Someone in the city would be paying more taxes for more services to someone in the county, who sometimes turn down opportunities to pay more taxes. That's not right. His money should go toward his services. He doesn't want a handout from someone in Bellingham. Hearing no one else, Crawford closed the public hearing. (8 :47 :27 PM) Nelson moved to adopt the substitute version of the ordinance. Brenner moved to hold for two weeks. She just heard today about the changes. Give people a chance to look at it. She then withdrew her motion. She wants to allow discussion. She won't vote on this tonight. Mann stated they just announced the substitute. It doesn't give the public any notice to comment on it. Knutzen stated he spoke with John Hutchings in the Public Works Department about flood funding effects. He was told it would not affect projects. There will be no increase in taxes. They are shifting money from one fund to another to cover the general fund shortfall. His concerns have been alleviated by talking to Public Works Department staff. He is comfortable with the ordinance. Nelson stated this has been done in the past. Post people don't want their taxes raised in this economy. They also don't want specific programs sacrificed. The flood fund will be maintained. There is a flood fund reserve to protect from flooding. The real estate excise tax (REET) funds can be used for stormwater projects. The administration is using excess funds to good use, without raising taxes to fund another use. The shift is a way of not having to raise taxes. He thanked the administration for bringing forward this proposal. Brenner stated the proposal looks good, but there is a trust issue. People should have a chance to look things over before the Council approves the budget and these levies. Kershner stated the language in the ordinance references the Council's approval of a budget, but the Council has not yet approved the budget. She asked if they must first adopt the budget before adopting this ordinance. Make sure they're adopting these ordinances in the correct order. Nelson moved to hold vote until after the budget hearing. Whatcom County Council, 11/9/2010, 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 The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 6. ORDINANCE ADOPTING THE FINAL BUDGET OF WHATCOM COUNTY FOR THE BIENNIUM 2011 -2012, AND RESTRICTING THE EXPENDITURE OF CERTAIN FUNDS THEREIN (AB2010 -376) (9 :00:29 PM) Crawford opened the public hearing and the following people spoke: Al Guthrie, 3457 Alm Road, Everson, stated defer the vote on the Parks and Recreation Department budget for two weeks. Allow a panel to be developed and respond to the Council. Mike Cohen, Bellingham Food Bank Executive Director, stated he thanks the Council for including $58,000 for the Food Bank and small potatoes gleaning project. These funds will be used judiciously and wisely. The Food Bank distributes more than a million pounds to more than three dozen food banks and feeding programs throughout Whatcom County. The small potatoes gleaning project will use funds to recover more than 120,000 of food annually from local farms and homeowners. Catherine Chambers, 1542 Iron Street, Bellingham, stated she thanks councilmembers for supporting WIC and Executive Kremen for proposing to retain the Women, Infant, and Children (WIC) Program. She thanks Councilmember Kershner for supporting the Food Bank. As a young mother, she received services from the WIC program. She has also been a volunteer at the Food Bank. She described the positive impacts these programs had on her. Contracting the WIC program to a private agency is something to seriously consider. The Interfaith health center would provide excellent services as a WIC provider. However, the service is more extensive at the Health Department. Include the WIC program and food bank funding in the budget. Laurel Kunesh, 2622 Russell Street, Bellingham, stated she is opposed to cutting the WIC program from the Health Department. The proposed provider doesn't have the space or means to continue the services at their current level. She's met with many people who benefit from the services. The conditions at a nonprofit agency don't allow for the stable workforce that the Health Department has. Do not allow this program to be reduced. Tom Kunesh, 2622 Russell Street, Bellingham, stated he is encouraged by Executive Kremen's attempt to preserve the WIC program in the Health Department. All programs housed in the Health Department target public health risks in the community. They are investments to prevent problems with law enforcement, education, and healthcare. Moving the programs out of the Health Department or eliminating them, will fail the community. Protect the Health Department programs. Max Morange, Bellingham Food Bank Small Potatoes Gleaning Project Manager, stated he thanks the Council for their support of his project. He described how the project harvests and distributes food. Without funding, they could only distribute harvested food in Bellingham, not throughout Whatcom County, which would be inefficient and not a good use of their volunteer hours. Susan Gribben, 3006 Victor Street, Bellingham, stated WIC supports people and will save money in the long run. WIC is at Seamar and Lummi to serve those communities with Whatcom County Council, 11/9/2010, 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 52 53 people from their communities. WIC has done well in the Health Department. The health clinics are coming up short on insurance coverage for all the people they treat. Marvin Wolff, 5413 Barr Road, stated he thanks the Council and Executive for giving public safety priority in the budget. The federal guidelines for priorities are continuity of government, public safety, and critical infrastructure, which includes utilities, transportation, and medical systems. He thanked the council for making this a priority. Skip William, Northwest Youth Services Board of Directors President, stated the Teen Court program is proposed to be cut from the budget. He described the program. It reduces the rate of recidivism for youth offenders. Youth offenders take their consequences more seriously when they come from their peers. The courtroom becomes a classroom. The program saves taxpayers between $525 and $3,154, depending on the nature of the case. Find a way to restore funding to the Teen Court program. Doug Robertson, P Bar Association resident - Elect, stated he recommends the Council fully -fund the judiciary in this budget cycle. In addition, look ahead to develop funding sources to enhance the judiciary's ability to fulfill the necessary needs of an expanding population and increasing amount of rules and regulations. He speaks for all the judiciary. The number one priority of this government is maintaining the rule of law. The rule of law is the only basis for the continuity of government. The society won't be protected against crime if the court can't adjudicate the issues. Justice is being delayed. Since last year, criminal justice officials met to talk through issues and recommend hiring a fourth judge for the county, using private attorneys as pro -tem judges, and incorporating alternative dispute resolution provisions to allow private mediation outside the courtroom. Increase the effectiveness of calendaring and update the criminal conflict and guardian ad litem conflicts. They have to continue to make the process more efficient. Move to electronic filing, calendaring, and reporting. Fully fund the judiciary now and in the future. Brenner asked where their committee recommendations are. Robertson stated they are still working on the recommendations. The recommendations are for an entire process. It won't be easy, but it's possible. Brenner asked why he mentioned the guardian ad litem (GAL) program, but not Court Appointed Special Advocates (CASA). Robertson stated the CASA program will be incorporated. Doralee Booth, 8188 Birch Bay Drive, stated she commends the Council for its policy guidelines regarding the budget. Public safety should be county government's highest priority. Continue funding deputies in the Birch Bay community. The Sheriff's Office is working to be creative with the cuts, finding grants, and making the best use of the resources on core responsibilities. A police presence in the county is important. The Sheriff's Office ranks last among Whatcom County law enforcement agencies in terms of number of officers per citizen. Keep law enforcement and corrections staff a high priority in the budget process. (Clerk's Note: The speaker following Doralee Booth requested that his /her testimony not be included in the minutes. The speaker's testimony is available on the meeting's audio recording.) Mike Parker, Council on Aging Executive Director, stated he is concerned about the shift in the senior center model. There will be some pain. However, he also appreciates that the funding is not completely eliminated. County staff talked with each nonprofit senior Whatcom County Council, 11/9/2010, 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 53 center to negotiate and work in partnership. He is concerned with creating a separate group of people because they already have nonprofits in place with organizational structures in place. The County should work with those organizations. The Council on Aging has not engaged the County and does not seek to provide contracted services in other senior centers that aren't interested in his agency. He has not been approached or asked to provide contracted services. His agency only works for the Bellingham Senior Activity Center. The Council on Aging provides some countywide services, such as the nutrition program. Those services aren't affected in the budget, which targets the coordinator services. Continue the model that has already been started by Director Mike McFarland and Deputy Administrator Dewey Desler. Brenner asked if the Council on Aging would submit a proposal if the County put out a request for proposal (RFP). Parker stated they would submit a proposal. He's not looking to provide contracted services in every senior center. If the senior center wants to work with the Council on Aging, he would. He would only submit a proposal for the Bellingham Senior Activity Center. Brenner stated she would like information on how the Council on Aging elects its Board. Parker stated he will provide that information. Qualified community members are nominated and elected by the current Board, which is a common nonprofit structure. Stella Zoller, 1400 - 12th Street, Bellingham, stated the County is cutting WIC and other services, but plans to build a great big jail. When services are lost, more people go to jail. Shane Roth, 3925 E. Connecticut Street, Bellingham, stated he wasn't given notice of the Executive's decision to shift levies from the flood fund instead of the road fund. The point of providing notice is so the public knows what the Council is going to do and decide whether or not to comment. Postpone the vote on that levy so people will have proper previous notice. The Council is at some risk of violating the Open Public Meetings Act if they vote tonight. John Harder, citizen, stated he is a senior who enjoys the Bellingham Senior Center. He is a member and officer of the Council on Aging Board. They would like to remain a partner with the County in providing senior services in Whatcom County. Chris Lindberg, 3730 Canterbury Lane, Bellingham, stated she supports the WIC program. She appreciates that they are reconsidering the program. Also, fund the Teen Court program. It's an issue of safety. Trudy Nordquist, Custer, stated she is a member of the Blaine Senior Center. Twenty -seven percent of the Parks Department budget being cut will all be from the senior services section. Seniors are the largest - growing segment of the population in Whatcom County. They have a lot of volunteers and work well together. They're trying to put together a panel to support things the way they have been in the senior centers, where the senior center members have control and know what's going on. They are being told something different each time they approach someone else. One proposal from her Board President is to keep two full -time positions, and let those staff go to multiple centers. Respect the seniors on this issue. Reconsider the cut to senior services. Harold Bolt, 873 — 19th Street, Lynden, stated his group would like to meet with the Executive and Councilmembers to discuss the senior centers. Whatcom County Council, 11/9/2010, 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 Hearing no one else, Crawford closed the public hearing. (9 :41 :42 PM) Nelson moved to adopt the ordinance. Kershner moved to amend the ordinance to approve adjusted services request (ASR) 2011 -2744 regarding the attritioned position reinstatement to complete the computer system update in the amount of $72,612 for 2011 and $74,788 for 2012. (Clerk's Note: The Council took a five - minute break at 9 :45 p.m.) Knutzen asked legal counsel about compliance with the Open Public Meetings Act. Karen Frakes, Prosecutor's Office, stated she is not aware of a conflict with the Open Public Meetings Act. Brenner stated it's open public government when they give people enough time to know what's going on. It's reasonable to wait. The County Council has not adopted a budget this early. This is the most difficult budget they've come across so far. Kershner stated the ordinance is to adopt the County budget, which has been properly noticed. The levy shift is a separate ordinance. Crawford stated this ordinance adopts the budget with the changes they received today. The Council has never redone public notification based on amendments to the budget. This is the process the public works with. The current motion is to amend the motion. Weimer asked where the money would come from for the Assessor's Office position. Kershner stated the money will come from the same place the Women, Infant, and Children (WIC) Program money will come from. He would have to ask Mr. Kremen. Dewey Desler, Deputy Administrator, stated the money used for both WIC and the Assessor's Office position would leave a smaller ending fund balance. With the technical corrections, the money would be there for 2011. If they adopt this motion to amend, they can fund the position for the year 2011. The money isn't there for 2012. The Assessor said he won't have these staff requirements in 2012. Kershner amended her motion and moved to approve adjusted services request (ASR) 2011 -2744 regarding the attritioned position reinstatement to complete the computer system update in the amount of $72,612 for 2011 only. Brenner stated they should put their amendments in writing so they can see the cumulative effect. She wants to restore Teen Court rather than this. Take the time to go through things and see the effects. Kershner stated it sounds like the funding is available for this position, they just need to restore the position. Brenner stated her question is how much funding is available. She would rather fund Teen Court than this. Whatcom County Council, 11/9/2010, 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 Mann stated he's confused about the overall process. He asked where funding for the WIC program and this position would come from. Desler stated he submitted the technical corrections during the Finance Committee. He read through general fund projections from 2007 to 2012. They project a fund balance of $8,092,000 at the end of 2012. These proposals and the technical corrections would lower the projected fund balance. Mann asked if the only real change is that the administration is willing to dip into reserves more than originally proposed. Desler stated that's correct. No compensating reduction has been proposed. It is a legitimate tool for the fund balance. Knutzen asked about the financial difference between running WIC Program. He thought the cost was $250,000, according to the WIC staff. Desler stated the information provided by WIC staff wasn't complete. According to the Health Department Director, this adjustment could be done with $430,000 in federal funds and about $150,000 in general funds, per year. Regina Delahunt, Health Department Director, stated they will have to modify services. The program won't include all the staff that are currently there. It will be a reduction in services. It will still be a good, quality service retained in the Health Department. Staffing levels will be different from what the WIC staff proposed. Weimer stated he agrees with Councilmember Brenner. They are hearing about a lot of new things. Iron this out as well as they can, but delay adoption for two weeks. The motion to amend carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Brenner moved to reinstate Teen Court in the amount of $18,500. She was surprised that the court recommended removing it. It's a good program. Weimer stated he supports the motion. They hear that the Sheriff's Office and courts are stretched thin. This diversion program costs less money than putting the kids through the courts. The offenders get dealt with. Other youth also learn about the system. It's valuable. One reason to delay the vote for two weeks is to hear why the courts didn't include it in the budget. Nelson stated the court will handle the cases one way or another, regardless of the program. It is an additional service of the court. The court was trying to reduce costs without hurting overall service levels. He asked if that is why the court removed the program. Desler stated budget process asked departments for efficiencies, savings, and ideas for ASR's. The court made this specific proposal, and the administration accepted it. Brenner stated the court decided to cut this cost, but not obtain efficiency. More people will go through regular court without this diversionary program. The recidivism rate for Teen Court offenders is much lower than those who don't go through the program. Mann stated he will support the motion. It costs a little now, and will save more money in the future. The Sheriff's job will be easier. Whatcom County Council, 11/9/2010, 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 Knutzen stated he will support the motion. They are setting a bad precedent for the department heads. The Council set a priority list and asked them to make cuts. If the departments can get enough public outcry from the proposed cuts, the Council is reversing those cuts. That is a bad precedent for future councils. Crawford stated he does not support the motion. Reconsider. It's not a judgment of whether this program has value. They've asked Superior Court to make cuts, and this is one area they wanted cut. There are a lot of assumptions about recidivism rates. He trusts that the courts have made a wise choice in where to best apply the funds. Brenner stated the courts didn't submit an efficient and thoughtful recommendation. The courts fought against the Court Appointed Special Advocates (CASA) program for years. The volunteer program is much less expensive and really helps children. At the end of the year, the court always has to ask for a lot of money for the appointed guardians ad litem (GAL), saying they don't have a good volunteer program. Weimer stated put this off for two weeks until they can hear from the courts. It's easy for them to protect their own money while cutting money to an outside nonprofit organization. Also, the budget that has been submitted does not include any information on programs or services that are being cut. The nonprofit organizations can't follow the process and protect themselves. The motion carried by the following vote: Ayes: Brenner, Weimer, Knutzen, Mann and Kershner (5) Nays: Nelson and Crawford (2) Brenner moved to consolidate the Executive's Office and the Administrative Services Department. The Administrative Services Department works directly for the Executive regarding all financial issues for which the Executive is directly responsible. They are so directly connected that the Director of the Administrative Services Department is also the Executive's Deputy Administrator. The separation of the two departments may be duplicative, and it is confusing for members of the public and for her. The public and the Council deserve to understand who works directly for the Executive in order to contemplate the best configurations. Crawford asked if the Council can tell the Executive to do this. Frakes stated the Council doesn't have authority to direct the Executive on how to set up the Executive branch. The Council has budgeting authority, not the direct authority to tell the Executive how to set up his operation. Brenner stated his operation is the entire administration. Weimer stated he won't support the motion, but the Charter allows the Council to reorganize departments, which is the intent of the motion. However, the motion isn't a good idea. Mann stated he needs something more specific to vote on. The motion failed by the following vote: Ayes: Brenner (1) Nays: Nelson, Crawford, Weimer, Knutzen, and Kershner (5) Abstains: Mann (1) Whatcom County Council, 11/9/2010, Page 12 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 Knutzen said he would like assurance from the Parks Department Director or County Executive that they will give these senior center committee members some control over what happens with those senior centers, and how this will be developed. Desler stated the Executive's proposal is not to reduce services at the senior centers. They are asking for a change in the staffing model. Give the staffing ability to manage the programs and set priorities to nonprofit organizations. The County will still own and maintain the buildings. They will work together with community groups. They will lay out the things they want to achieve and pay for, and ask the community groups to respond with proposals. The administration will make a recommendation this spring on which proposal to accept and their cost. They will have a robust discussion with the senior groups in the coming weeks. Knutzen stated it seems like the County is giving the Council on Aging an advisory role, and there has been some conflict with the Council on Aging on the nutrition program. Mike McFarland, Parks and Recreation Department Director, stated that's not correct. They have not given a contract to the Council on Aging, which is one of four major, incorporated boards in the county. The Council on Aging has a contract for other services that they provide throughout the county, independent of the Bellingham Senior Activity Center. It doesn't oversee the over nonprofits, which are all independent. The other partners are also the owners of the other buildings. The County owns only three of the centers. The Cities are heavily invested in those facilities, and may be interested in operating the program in their own communities, as opposed to having the nonprofit. Once the budget is approved, the administration needs to have that conversation. They've met with all the organized nonprofits and the facility owners. The Council on Aging isn't advocating to do those programs, although they would assist if the County asked. Brenner moved to amend to consolidate the Parks Department by moving: • the senior center services under the Health Department for senior centers /services, and • the maintenance services under the Public Works Department • all other functions under the Public Works Department as a new division The Council approved a full -time accountant position in the Health Department, who could manage the senior center contracts. Eliminate the recreation and senior services manager position. Allow the boards of all the senior centers elect a member to be part of an advisory board to the County before changes are contemplated. Make sure any contractor is willing to work with the advisory board to advise the County. Include that requirement in any contractual agreement the County signs for senior center services. Mann asked the opinion of the Parks Department motion. He asked if it's feasible. McFarland stated there needs to be a reason for the consolidation, such as cost savings, efficiency, or something else. He hasn't spent any time on this. He doesn't think it's feasible. The motion failed by the following vote: Ayes: Brenner and Knutzen (2) Nays: Nelson, Crawford, Weimer, Mann and Kershner (5) Weimer moved to restore the entire WIC Program, including all 7.5 FTE employees and associated funding. Brenner stated she supports the proposal from the WIC staff. Whatcom County Council, 11/9/2010, Page 13 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 Kershner asked about the Health Department's vision for WIC in the future. Regina Delahunt, Health Department Director, stated there are advantages to both approaches. Keeping a portion of the WIC staff and continuing the federal funding will allow the Health Department to provide quality services at a reasonable level in the community. Additionally, they will be able to keep the majority of the very talented staff. If they can approach the strategic direction in another fashion, the staff will help the department move toward a systems -level direction. They can also look at other options. It's very important to co- locate health services with WIC services. They can talk to Interfaith Coalition about potentially co- locating services. There are many partnership opportunities. She thanked Executive Kremen for finding some dollars to allow them to continue those services and move in that strategic direction. Brenner asked if the current proposal from the Health Department is the same as the proposal from WIC staff. Delahunt stated the Health Department proposal is a different staffing pattern. WIC staff proposed to just cut all the clerical staff, and have the professional staff do all the clerical duties. They really can't do that. There are Union issues, and it doesn't make fiscal sense to pay professional staff to do clerical duties. They can't have work from the professional bargaining unit take work away from the clerical bargaining unit. Mann stated the general fund has been subsidizing the WIC program in an amount of $330,000. Delahunt stated that's correct. The new proposal would work with a general fund contribution of $150,000. Weimer stated his motion is to maintain the WIC program an its current functional level. He doesn't know what that means exactly, because they've seen various proposals and they're trying to approve this late at night without seeing any proposals. Mann stated he supports the motion in principal. He hopes they can hold this over for two weeks and see the proposal. Nelson stated this program has grown in the last few years. He will vote against the motion. It's wise to find ways to partner in the community. Brenner asked where funding would come from. Weimer stated they are still above the ten percent reserve limit. Like everything else they're doing, take it from the general fund. The motion failed by the following vote: Ayes: Brenner, Weimer and Mann (3) Nays: Nelson, Crawford, Knutzen and Kershner (4) Brenner moved to retain the same number of nutritionists the County currently has in the WIC program now. Crawford stated he is against the motion. This needs to be vetted. They can pass this budget tonight, and the Executive can deal with this in a supplemental budget request. The administration would have time to sort out how the program would work. Whatcom County Council, 11/9/2010, Page 14 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 he is against the motion. They've had WIC staff and department head come forward to work out a solution. Now that they have, the motion is telling them the Council doesn't want that solution. He's prone to accept the recommendation. Kershner stated she won't support the motion. She wants to see the proposal first. Brenner stated they can't make changes after the budget is adopted. She'll be open to a better proposal, but keep the options open by making a change within the budget. Mann stated he's not sure the WIC staff have come to a compromise with the administration. This is probably the first they're hearing about it. Knutzen stated WIC staff gave a presentation on their proposal. Mann stated they don't know what the proposal is. He's interested in keeping a nutritionist. He supports the motion to keep it fully staffed. The motion failed by the following vote: Ayes: Brenner, Weimer and Mann (3) Nays: Nelson, Crawford, Knutzen and Kershner (4) Weimer moved to add $150,000 per year into the Health Department budget for the WIC Program, to be designed by the County administration. Crawford stated he is opposed to the motion. There's something to be said for providing certainty to the public that something is being done. However, handling this as a separate issue is wise. He asked if the administration can bring this forward in a couple of weeks. Desler stated they can. He doesn't necessarily disagree with the motion, but it's a new issue and he'd like time to look at it more thoroughly. They do supplement budget requests all the time. Brenner stated this is a new issue. Keep the budget process open so the Council can decide what it wants when the proposal comes forward. The motion carried by the following vote: Ayes: Nelson, Brenner, Weimer, Knutzen, Mann and Kershner (6) Nays: Crawford (1) Brenner moved to eliminate all premium pay for all 27 employees receiving it. Crawford stated he is against the motion. It's part of the salary structure that has been negotiated with a number of folks in the County, including elected officials, department heads, and managers. The administration convincingly addressed this issue in the Council's recent work sessions. Brenner stated it's not part of the salary structure. The Council has discretion on the premium pay, but not on their salaries. The motion failed by the following vote: Ayes: Brenner, Weimer and Mann (3) Nays: Nelson, Crawford, Knutzen and Kershner (4) Whatcom County Council, 11/9/2010, Page 15 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 Mann moved to eliminate association membership dues in the amount of $65,000 per year. Crawford stated he's against the motion. The dues is money well- invested. He's had limited experience with these organizations, which do a lot of good for counties. One of the primary focuses at the State and federal level is unfunded mandates. The number of proposed unfunded mandates is many times greater than the association dues. Active lobbying makes sure the County's concerns are heard. Brenner stated the associations didn't do anything regarding the State's unfunded mandate of Enhanced 911. The representative from the association didn't even know what the money was for, but told them they had to raise the taxes now. That isn't operating in the County's interest. Mann stated unfunded mandates squeak through. He asked what the County is paying them for. He gets many emails from them asking his advice. Information should flow the other way. He doesn't feel like he gets much help from them. They haven't stopped the flow of unfunded mandates. Knutzen stated they have no one to blame for their lack of help from the Washington State Association of Counties (WSAC), because they've had no representation on WSAC. Now they do. He suggested a friendly amendment to fund the associations for one year, and put them on probation. Mann did not accept the friendly amendment. Brenner stated plenty of other counties have lobbyists, and still got hit with the Enhanced 911 tax. Knutzen stated plenty of other counties have lobbyists, but no refineries in their district. They ended up with a WSAC that was in favor of the tax on the refineries. Their voice needs to be heard so the County get representation from them. They carry a bigger hammer than Whatcom County. Nelson stated put blame on the bill's sponsor, who came from someone in Whatcom County and who never told the County about it. They will never wholly protect themselves from all issues. Removing the County from the organization removes one of the tools from the toolbox. They won't be made aware of things that are occurring. They all have to make that choice. Ask if it's worth it to lose tools in the toolbox to protect the County. He worked with the National Association of Counties (NaCO) on healthcare amendments. Although his opinion was unsuccessful, he had a voice on the issue that they heard. Brenner stated they could say that about anything. She writes letters all the time. It doesn't cost $65,000 for her to write letters. The motion failed by the following vote: Ayes: Brenner and Mann (2) Nays: Nelson, Crawford, Weimer, Knutzen and Kershner (5) Brenner stated the Public Works Department should consolidate management positions, as she suggested two years ago. She moved to hold the vote for two weeks. Mann suggested a friendly amendment that the written record be left open. Whatcom County Council, 11/9/2010, Page 16 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 Brenner accepted the friendly amendment. Knutzen stated they've made many changes, and he needs time to consider them. He is in favor of the motion. Kershner stated she's ready to adopt the budget tonight. They've made changes tonight, but she knows what those changes are. They've been talking about these changes for the past three weeks. She doesn't know what benefit they'd gain by holding it over. Crawford stated they have a very flexible process and administration. The supplemental budget process is used frequently and familiar. Most of the budget is not controversial. Folks are looking for certainty. He's ready to adopt the budget. If they need to make changes, that's what they do all year long through the supplemental budget process. Weimer stated he supports the motion. He wants to see the effect of the changes to the bottom line and the ten percent reserve. He has concerns about using the flood fund to supplement the general fund. He would like to see a list of real estate excise tax (REET) projects that would get funded into the flood fund. He has a concern as a Flood Control Zone District Supervisor. He would like to know how they are going to fund water programs in two years. Brenner stated there is nothing to lose by waiting two weeks. She wants that time. The motion to hold the vote and continue to accept written testimony carried by the following vote: Ayes: Brenner, Weimer, Knutzen and Mann (4) Nays: Nelson, Crawford and Kershner (3) 1. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE PURPOSES IN WHATCOM COUNTY FOR THE YEAR 2011 (AB2010 -371) (10: 59:17 PM) Weimer moved to hold for two weeks. Knutzen stated the Council has to hold these budget items for two weeks, because they first have to approve the budget. The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 2. ORDINANCE LIMITING THE 2011 GENERAL FUND PROPERTY TAX LEVY (AB2010 -372) (11:00:12 PM) Crawford opened the public hearing and, hearing no one, closed the public hearing. Weimer moved to hold the substitute version for two weeks. The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Whatcom County Council, 11/9/2010, Page 17 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 3. ORDINANCE AUTHORIZING THE LEVY OF 2011 PROPERTY TAXES FOR COUNTY ROAD PURPOSES (AB2010 -373) (11 :01 :25 PM) Crawford opened the public hearing and, hearing no one, closed the public hearing. Brenner moved to hold for two weeks. The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 4. ORDINANCE LIMITING THE 2011 ROAD FUND PROPERTY TAX LEVY (AB2010 -374) (11 :02 :40 PM) Crawford opened the public hearing and, hearing no one, closed the public hearing. Brenner moved to hold for two weeks. The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 5. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR CONSERVATION FUTURES PURPOSES FOR 2011 (AB2010 -375) (11 :02 :57 PM) Crawford opened the public hearing and, hearing no one, closed the public hearing. Brenner moved to hold for two weeks. The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 7. ORDINANCE ADOPTING THE SIX -YEAR CAPITAL IMPROVEMENT PROGRAM FOR WHATCOM COUNTY FACILITIES (2011 -2016) AND RELATED AMENDMENTS (AB2010 -355A) (11 :04 :24 PM) Crawford opened the public hearing, and the following person spoke: Dewey Desler, Deputy Administrator, stated the administration would like this item to be held for two weeks. Hearing no one else, Crawford closed the public hearing. Brenner moved to hold for two weeks. The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Whatcom County Council, 11/9/2010, Page 18 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 8. RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT (WCFCZD) FOR 2011 (AB2010- 378) (11:05:39 PM) (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Crawford opened the public hearing and, hearing no one, closed the public hearing. Brenner moved to hold for two weeks. The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 9. RESOLUTION ADOPTING THE 2011 BUDGET FOR THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT AND SUBZONES (AB2010 -379) (11:07 :35 PM) (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Crawford opened the public hearing and, hearing no one, closed the public hearing. Brenner moved to hold for two weeks. The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) OTHER ITEMS 1. RESOLUTION TO SET HEARING AND NOTICE OF HEARING OF THE SALE OF COUNTY TAX TITLE PROPERTY BY NEGOTIATION TO WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT — REQUEST #TR2010 -01 (AB2010 -388) (11:08 :22 PM) Mann reported for the From 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) 2. RESOLUTION TO SET HEARING AND NOTICE OF HEARING OF THE SALE OF COUNTY TAX TITLE PROPERTY BY NEGOTIATION TO WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT — REQUEST #TR2010 -02 (AB2010 -389) (11 :09 :48 PM) Mann reported for the Finance and Administrative Services Committee and moved to approve the resolution. Whatcom County Council, 11/9/2010, Page 19 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 The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 3. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN, CHAPTER 4, CAPITAL FACILITIES, FOR FIRE PROTECTION LEVEL OF SERVICE (AB2010 -370) (11:10:08 PM) Nelson moved to forward to concurrent review. The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 4. NOMINATION AND POSSIBLE APPOINTMENT TO FILL A VACANCY ON THE WHATCOM COUNTY SOLID WASTE ADVISORY COMMITTEE (BUSINESS /INDUSTRY) — APPLICANT: ED NIKULA (AB2010 -384) (11 :12 :11 PM) Brenner moved to appoint Ed Nikula. 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 DOUGLAS STARK TO THE WHATCOM COUNTY MARINE RESOURCES COMMITTEE (AB2010 -390) (11 :13 :04 PM) Mann moved to confirm the appointment. The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 6. RESOLUTION APPROVING A REQUEST BY THE EVERGREEN WATER -SEWER DISTRICT BOARD OF COMMISSIONERS TO CHANGE ITS NAME TO COLUMBIA VALLEY WATER DISTRICT (AB2010 -386) (11 :13 :18 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) INTRODUCTION ITEMS (11 :13 :49 PM) Brenner moved to accept Introduction Items two through nine, including the substitute version of item seven. They should all look carefully at the unified fees the next two weeks. Whatcom County Council, 11/9/2010, Page 20 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 The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. RESOLUTION APPROVING THE WHATCOM COUNTY PEDESTRIAN AND BICYCLE PLAN (AB2010 -381) 2. RECEIPT 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) 3. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY BUDGET, SEVENTEENTH REQUEST, IN THE AMOUNT OF $388,375 (AB2010 -380) 4. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.92, HEARING EXAMINER, REGARDING APPEALS TO THE COUNTY COUNCIL (AB2010 -385) S. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY BY NEGOTIATION TO WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT — REQUEST #TR2010- 01 (AB2010 -388A) 6. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY BY NEGOTIATION TO WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT — REQUEST #TR2010- 02 (AB2010 -389A) 7. ORDINANCE ADOPTING THE 2011 WHATCOM COUNTY UNIFIED FEE SCHEDULE (AB2010 -377) 8. ORDINANCE AMENDING WHATCOM COUNTY CODE 10.34, FERRY RATES, AND THE CORRESPONDING 2011 WHATCOM COUNTY UNIFIED FEE SCHEDULE (AB2010 -354A) 9. 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 -180A) OTHER BUSINESS (11:15:36 PM) There was discussion of the public hearing schedule at the Council's November 23, 2010 regular meeting. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (11:17 :52 PM) Nelson thanked everyone for allowing him to participate this year, including the Council staff and County administration. Crawford asked if anyone was attending the Sustainable Connections walking tour of downtown Bellingham. Knutzen thanked Councilmember Nelson for being a good leader by setting a fine example. He also welcomed the new councilmember. Whatcom County Council, 11/9/2010, Page 21 1 2 3 4 5 6 7 9 10 11 12 13 14 15 ADJOURN 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, 11/9/2010, Page 22