HomeMy WebLinkAboutCouncil October 12 20101
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WHATCOM COUNTY COUNCIL
Regular County Council
October 12, 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 :03 :23 PM)
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken
Mann, L. Ward Nelson and Carl Weimer
Absent: None
FLAG SALUTE
ANNOUNCEMENTS (7 :04 :06 PM)
Crawford announced that Boy Scout Troop 36 is attending tonight's meeting.
Crawford announced there was discussion regarding ferry fares (AB2010 -354)
during the Special Committee of the Whole meeting today. They discussed new fare
options.
Crawford announced there was continued 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 today. This discussion will be continued.
Crawford announced there was an update from Assistant Chief Deputy
Prosecutor Daniel Gibson on Lummi Island Ferry negotiations/ mediation (AB2010-
018) in executive session during the Committee of the Whole meeting.
Crawford announced there was a strategy planning discussion and positions to
be taken regarding collective bargaining (AB2010 -353) in executive session during
the Committee of the Whole meeting.
MINUTES CONSENT (7 :05 :37 PM)
Nelson moved to approve the Minutes.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. SURFACE WATER WORK SESSION FOR SEPTEMBER 21, 2010
OPEN SESSION (7 :05 :45 PM)
The following people spoke:
Whatcom County Council, 10/12/2010, Page 1
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• Ellen Baker, 9945 Mt. Baker Highway, Glacier, spoke on the Foothills Subarea
Plan.
• Dan McShane, 1451 Grant Street, Bellingham, spoke on Comprehensive Plan
amendments.
• Sid DeVries, Lummi Island, spoke on ferry service.
• Bruce Diele, citizen, spoke on the Whatcom Transportation Authority.
PUBLIC HEARINGS
1. ORDINANCE ADOPTING THE CURRENT STATE BUILDING CODE AND
REPEALING THE EXISTING TITLE 15 OF THE WHATCOM COUNTY CODE
(REVISED VERSION) (AB2010 -289) (7:19:17 PM)
Crawford opened the public hearing and, hearing no one, closed the public hearing.
(7:19:47 PM)
Nelson moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. ORDINANCE INCREASING THE AMOUNT OF LOCAL EXCISE TAX IMPOSED ON
THE USE OF SWITCHED ACCESS LINES, RADIO ACCESS LINES, AND
INTERCONNECTED VOICE OVER INTERNET PROTOCOL SERVICE LINES FOR
ENHANCED 911 SERVICES (AB2010 -326A) (7:20:58 PM)
Crawford opened the public hearing, and the following people spoke:
Craige Ambrose, City of Bellingham Police Department, submitted and read from a
presentation (on file).
Dean Whitney, District 8 Fire Chief and Whatcom County Chiefs Association
President, stated they support the ordinance. It's needed to adopt new technology and
keep the public safe.
Rick Kiene, 4933 Lewis Avenue, Bellingham, stated he supports the ordinance. The
enhanced service will give GPS location and better assistance to folks in trouble.
Hearing no one else, Crawford closed the public hearing. (7 :27:19 PM)
Nelson moved to adopt the ordinance. He asked about the number of 911 calls
from land line phones versus cell phones. Ambrose stated the ratio has changed. Some
people are dropping their land line phones completely.
Nelson stated he is opposed to the way the State did this. Everyone recognizes the
importance of having the ability to get the information quickly and efficiently. He asked
why they are not putting this more on the cell phone user, rather than put it equally on the
land line user. Some people, particularly seniors, have only land lines and have the least
ability to pay any increase. He recognizes the importance of the technology. Put the tax on
the individuals who are increasing the use the cell phones, not on the decreasing use of land
line phones. Ambrose stated the number of calls that come in are equally portioned. The
service will happen, regardless of how the call is made.
Whatcom County Council, 10/12/2010, Page 2
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Nelson stated there is no benefit to the land line user of this increased capacity. The
State didn't think this through thoroughly. Ambrose stated that's correct. Next Generation
911 (NG911) is being driven by cell phone technology.
Nelson stated seniors will be stuck with an increased fee without the technology.
There's nothing that the County can do.
Brenner stated she cares about 911, but she is against the way the State is forcing
this on the County. They are going beyond the voter - approved measure done in 1982. The
State will collect its tax on top of this. This deserves a public vote. She will support any
911 support services that she sees as a need. She's not comfortable supporting something
she's not sure what it's about. It is another unfunded mandate from the State, and it's
extortion. Get the specifics of exactly what they're buying here. No one could tell her the
specifics. Times are tough. She's willing to look at this through the budget once she knows
exactly what this is. She's not willing to increase a tax before receiving the draft budget or
receiving public participation.
Knutzen asked the cost to the County of the NG911 system upgrade, and where the
money will come from. Ambrose stated he doesn't know at this point what NG911 costs will
be. It's coming, and the County will have to pay a portion, but the State will help fund all
911 centers. The 911 system is statewide. The NG911 system is a fundamental change in
how they receive phone calls. Two systems will run at the same time for a period of time,
so costs will go up. He's not thrilled how fast they've had to do this, but it's coming. The
public wants and deserves to have the level of service they'll get with NG911. Other
districts will have to pay a portion of the costs.
Kershner asked if any other counties have not passed this. Ambrose said not that he
knows of.
Kershner stated 911 services benefit all in the community, not just those with cell
phones or land line phones. She would favor a property tax to pay for this rather than a
cell phone tax. Most likely, someone making the 911 call is for the benefit for someone else
who needs the emergency service. Everyone should share the cost equally. She doesn't
like being forced to raise a tax because Olympia can't manage its budget. She is not
inclined to vote for this.
Nelson stated property taxes aren't equitable for this format. Some people with cell
phones don't pay property taxes. Some users are business people with a phone originating
in this county, but who don't live here.
Kershner stated it works both ways. She owns two phones that aren't used in this
state. She will pay Whatcom County 911 tax on her phones that are used in Florida and
Nebraska.
Brenner stated this is an essential public service. When the service is online and
ready for operation, the cost should come from the County budget. Everyone deserves to
know exactly what this tax is for and when they will receive the service. They could end up
with more than the basic necessities.
Crawford stated he is in favor of the motion. This is about the worst time to raise
taxes. This will affect all cell phone users in the amount of $2.40 per year. He also feels
forced and threatened by the State to do this. They don't have a good means to backfill
Whatcom County Council, 10/12/2010, Page 3
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that service cost from the general fund. It's not right for the State to pass a regulation and
force raised local taxes. He will let their legislators know that. However, he will vote for
the ordinance. These services are vital. They must keep 911 service going.
Weimer stated he is in favor of the motion. They all can disagree with how the State
has forced this. The reality is that the County would have to come up with the money to
pay for the increased service anyway, if the Council doesn't adopt this. They will have to
pay for it from another funding source, and they will lose money. This technology is rapidly
changing. This is the first $.20 increase in over 30 years. It makes sense to keep up with
the changes in technology. Ultimately, it makes sense.
Mann stated he agrees with Councilmember Weimer. The 911 services are
important and evolving rapidly. They must respond to the State, even if they don't like
what the State is doing. He is in favor of the motion.
Knutzen asked if passing this $.20 increase gives the State the ability to increase the
tax another $.40. Ambrose stated the State already raised their tax from $.20 to $.25.
During that time, they allow the counties to raise to a maximum of $.70. He doesn't know
about further State raises. The current request is to go from $.50 to $.70 for Whatcom
County. The phone bill also includes a State 911 tax, which is now $.25. The $.70 goes to
Whatcom County. The $.25 goes to the State.
Brenner stated she received information that said the State can make further raises
in the counties that adopt this raise. It's not correct that they would have to cut money
from 911 if the County doesn't adopt this raise. She has no idea what the County's draft
budget will look like. The State is forcing this quickly. That's outrageous. Taxes shouldn't
be increased this way. If the County doesn't adopt this raise, it could find the money in the
County budget. By the time they know what the specific service will be, they can find that
money locally or put the raise on the ballot.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Weimer, Knutzen and Mann (5)
Nays: Kershner and Brenner (2)
3. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF
NEW APPLICATIONS FOR WIND ENERGY SYSTEMS (WES) GREATER THAN
500 KILOWATTS, OR MULTIPLE WES PER PARCEL WITH A CUMULATIVE
RATED OUTPUT ABOVE 100 KILOWATTS (AB2010 -116E) (7:49 :04 PM)
Crawford opened the public hearing, and the following people spoke:
Rick Kiene, 4933 Lewis Avenue, Bellingham, stated a moratorium in the whole
county is not reasonable. There are areas in the county that residents could use wind
energy systems (WES) to the benefit of the entire community. Wind turbines are needed for
the grid in this country, and how they like energy. They are all tied to the oil and electric
industries, whether or not they like it. They consume a lot of this energy. Don't adopt the
ordinance. There are areas in the county that can use this and that aren't affected by
residents. There is a State mandate to utility companies to put in 10 percent of their
electrical generation by a certain date. This inhibits them. Use the electrical corridors
available. The biggest challenge in the country today is the electrical transmission corridors
by which electrical generation is done.
Whatcom County Council, 10/12/2010, Page 4
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Donna Shaw, 6203 Garrett Lane, Ferndale, stated views will be obstructed by the
wind project on Church Road and Heights Drive. Farmland will be sacrificed for green
energy. Wind farms will decimate bird populations in the area. There are no birds in Spain
because the wind farms are everywhere. Require an environmental impact statement (EIS)
on the project. Consult neighbors who live beyond the properties adjacent to a wind farm
regarding impacts.
Carey Kauffman, 2065 Squalicum Mountain Road, submitted information (on file)
and stated he supports a moratorium until there is a reasonable, valid ordinance. Thin
strips of rural forestry zones are a transition zone between rural land and commercial
forestry land. Rural forestry zones should not be included in the ordinance. Washington is
not a high wind state. The wind farms are located where there is wind. All the wind in
Washington state is along the Columbia River. There should be a half -mile setback. There
should be a sound limit of 40 decibels at night. There would be noise impacts. Wind
turbines are comparatively more annoying than aircraft, railways, and road traffic.
Chuck Beebe, 4038 Springland Court, Bellingham, stated he supports continuing the
moratorium. It will allow Councilmembers Brenner and Mann to develop a proper
ordinance. Adopt a final ordinance that does not allow industrial WES greater than 100
kilovolts in the rural forestry zone or agricultural zone. They belong in industrial zones and
commercial forestry zones, with proper setbacks. They don't belong where residences are
located. This is not a forestry or agriculture use and does not conform to those zones.
Locate this industry in the proper zones to solve issues brought up by previous speakers.
Hearing no one else, Crawford closed the public hearing. (8:02:06 PM)
Brenner moved to adopt the ordinance. This moratorium is not on all wind energy
systems, but on certain very large ones until there is a permanent ordinance regulating the
systems. There are plenty of systems that can go in right now. Let the proposed
permanent ordinance go through the Planning Commission for a recommendation. They
can locate the systems without locating them near residences. There are thousands of
acres of commercial forestry in which they can go. They aren't trying to prevent the
systems everywhere. She supports residential wind generators. They've gone from one
extreme to the other without safeguards. They need safeguards.
Mann stated it shouldn't be their concern if wind maps don't indicate wind in
Whatcom County. The Council doesn't know what the technology will be in the future. If
someone wants to invest money in wind technology and be an entrepreneur in Whatcom
County, the County should let them do it. That isn't a reason to prevent the systems. He is
vote against extending the moratorium. He's still not happy with how they've handled this.
Someone wanted to invest in Whatcom County, but the County denied it at the last minute.
That sends a bad message to other possible investors. They will continue to work on a
permanent ordinance that will allow wind energy in Whatcom County.
Brenner stated she appreciates entrepreneurs and all county residents. The Council
also has a responsibility to not unduly negatively impact people. They're trying to find a
compromise. They aren't supposed to make County rules revolve only around
entrepreneurs. They have an obligation to all residents. It's possible to come up with
something that works for all.
Kershner stated she will support the moratorium. These industrial systems are
huge. It's a good thing to look at a permanent ordinance. She doesn't know she can trust
the advice of the former Planning Director, which led her to a no vote last time.
Whatcom County Council, 10/12/2010, Page 5
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The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen and Kershner (6)
Nays: Mann (1)
4. ORDINANCE AUTHORIZING THE ISSUANCE OF LIMITED TAX GENERAL
OBLIGATION AND REFUNDING BONDS, 2010A, IN THE AMOUNT OF
$4,355,000 AND LIMITED TAX GENERAL OBLIGATION BONDS, 2010B,
(TAXABLE RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS — DIRECT
PAYMENT) IN THE AMOUNT OF $1,825,000 (AB2010 -344) (8 :07:49 PM)
Crawford opened the public hearing and the following person spoke:
Steve Oliver, County Treasurer, introduced Rob Shelley from Seattle Northwest
Securities.
Hearing no one else, Crawford closed the public hearing.
Nelson moved to adopt the ordinance. He asked the reason for changing the
bonds.
Brad Bennett, Administrative Services Department, gave a staff report and stated
the need for the bonds include retrofit of old jail electronics and refinancing outstanding
bonds at a much lower interest rate.
Rob Shelley, Seattle Northwest Securities, stated they would provide background on
today's bond sale. He submitted a bond sale results packet (on file) that summarizes the
sale. He read through portions of the report. There is a provision from the 2009 stimulus
package for a recovery zone economic development bond that prompting the issuance of
these bonds at this time. He described the provision, which has to be used by the end of
this year. They saved interest in the amount of $221,000 in today's dollars, to be realized
over the next eight years. The credit rating agencies confirmed the County's bond rating.
This bond sale action was well- received. The bond rating is preserved.
Mann stated he will vote for the ordinance. He asked what happens in theory if the
Council doesn't adopt the ordinance. Shelley described the bond sale process. There are
investors on the line who are committed to these interest rates. With them in place, the
administration is coming to the Council for formal approval, which is this ordinance. People
are anticipating that this ordinance will go through.
Nelson stated the administration has done a good job in maintaining a very strong
bond rating. He asked if the investors could be large companies that have profits on the
side, and want to hold that money safely and securely, for future reinvesting later. Shelley
stated there is a range of investors, including trust accounts looking for income and banks
looking to match their assets and liabilities.
Pete Kremen, County Executive, stated he thanks Treasurer Oliver and
Administrative Services Department staff, headed by Dewey Desler, including Finance staff.
They did an excellent job. This is a very tough economy. Their fiscal discipline and
restraint demonstrated to the bond ratings companies that Whatcom County is able to
maintain it's upgraded bond rating, which enabled them to complete this transaction. It will
ultimately save County taxpayers nearly $400,000.
Whatcom County Council, 10/12/2010, Page 6
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Brenner stated she appreciates the bond rating and the work done. She is
concerned about doing something this big three days before receiving the draft budget.
She preferred that they had waited a week or two, for the budget analysis. It would save
the taxpayers more money if they'd paid for these things out of the budget, rather than
borrowing the money. Kremen stated he understands the desire to get the budget. This
October 15 budget submittal date is no different than it has been in 15 years.
Councilmember Brenner had an opportunity to get together with Mr. Desler to discuss the
budget, before this Friday. This should have nothing to do with whether or not anyone
approves of the County budget. This is a golden opportunity for the County to access
money that it needs. It doesn't have a choice. They must do these improvements at the
jail soon. They should not balk at this opportunity. He gives the County Council credit for
its fiscal discipline and restraint. All in the County should be proud of its financial situation,
which is better than any county in the State.
Brenner stated she met with Mr. Desler this summer about the budget. She will
meet with him again next week, when she receives the budget. This ordinance sounds like
a good deal, so she will support it.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Each Councilmember signed the documents as required.
(Clerk's Note: Discussion continued below.)
OTHER ITEMS
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A JOINT
FUNDING AGREEMENT BETWEEN WHATCOM COUNTY AND THE US
GEOLOGICAL SURVEY FOR THE ANNUAL OPERATION AND MAINTENANCE OF
THE COUNTY'S STREAM GAGE NETWORK, IN THE AMOUNT OF $74,615
(AB2010 -346) (8 :32 :09 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
CONSENT AGENDA (8 :31 :17 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through five.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 10/12/2010, Page 7
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1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE
AGREEMENT BETWEEN WHATCOM COUNTY AND PAMELA AND STANLEY
ADAMS FOR 9006 LAKE ROAD, MAPLE FALLS, IN THE AMOUNT OF $650 PER
MONTH (AB2010 -347)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE
AGREEMENT BETWEEN WHATCOM COUNTY AND JENNI BROWN FOR LEASE
OF 3211 NORTH SHORE ROAD, IN THE AMOUNT OF $1,300 PER MONTH
(AB2010 -348)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT
AGREEMENT BETWEEN WHATCOM COUNTY SHERIFF'S OFFICE AND THE US
DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS BUREAU OF
JUSTICE ASSISTANCE, TO COVER OVERTIME AND IMPACT COSTS DURING
THE 2010 OLYMPICS AND PARALYMPICS GAMES, IN THE AMOUNT OF
$60,465 (AB2010 -349)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
EASEMENT AGREEMENT BETWEEN WHATCOM COUNTY AND PUGET SOUND
ENERGY, INC. FOR UNDERGROUND FACILITIES AT THE NORTH END OF
HOVANDER PARK, IN THE AMOUNT OF $500 (AB2010 -350)
S. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT
AGREEMENT WITH WHATCOM COUNTY FIRE DISTRICT 5 TO SUPPORT A
PORTION OF THE COSTS ASSOCIATED WITH PARAMEDIC TRAINING AS
AUTHORIZED THROUGH THE EMS PLAN AND SUPPLEMENTAL BUDGET
REQUEST #11 OF THE 2010 BUDGET, IN THE AMOUNT OF $50,000 (AB2010-
351)
OTHER ITEMS
2. ORDINANCE ADOPTING THE FOOTHILLS SUBAREA PLAN AND RELATED
AMENDMENTS TO THE WHATCOM COUNTY COMPREHENSIVE PLAN AND
OFFICIAL ZONING ORDINANCE AND MAPS (AB2010 -343) (8:33 :11 PM)
Knutzen reported for the Planning and Development Committee and stated this is
held in committee until the rural element update is complete.
Crawford moved to forward for concurrent review. There will be changes to how
they designate limited areas of more intense rural development (LAMIRDs), but those issues
can go ahead and be addressed at that time. It would require another review of this at
some point in the future, if necessary. The community is anxious to see this adopted, and
move on with a subarea plan. The community will understand that any changes regarding
LAMIRDs will be for the sake of consistency.
Mann stated he understands the community's interest in finishing this ordinance.
Because the committee decided to hold this item in committee, it did not go through it and
discuss any changes. If the motion is to forward it as presented in the Council packet, he is
concerned. He wants to make changes.
(Clerk's Note: Discussion continued below.)
Whatcom County Council, 10/12/2010, Page 8
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PUBLIC HEARINGS
4. ORDINANCE AUTHORIZING THE ISSUANCE OF LIMITED TAX GENERAL
OBLIGATION AND REFUNDING BONDS, 2010A, IN THE AMOUNT OF
$4,355,000 AND LIMITED TAX GENERAL OBLIGATION BONDS, 2010B,
(TAXABLE RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS — DIRECT
PAYMENT) IN THE AMOUNT OF $1,825,000 (AB2010 -344)
(Clerk's Note: Discussion continued from above.)
Brenner asked if the interest rates in the documents they're signing are five percent
and 5.25 percent. Bennett stated the rates are as listed, and then they get a 45 percent
subsidy from the federal government, which brings the rates down.
Brenner stated she doesn't trust the federal government. She asked what happens if
the federal government changes its mind. Bennett stated the County can issue tax - exempt
bonds. There is a provision in the document that if the tax law changes, the bonds are
callable, and they substitute tax - exempt, lower interest rate bonds. (8 :40 :01 PM)
OTHER ITEMS
2. ORDINANCE ADOPTING THE FOOTHILLS SUBAREA PLAN AND RELATED
AMENDMENTS TO THE WHATCOM COUNTY COMPREHENSIVE PLAN AND
OFFICIAL ZONING ORDINANCE AND MAPS (AB2010 -343) (8 :33 :11 PM)
(Clerk's Note: Discussion continued from above.)
Crawford withdrew his motion, based on Councilmember Mann's comments.
However, the Planning and Development Committee should go forward and work on things
it is concerned about, exclusive of the LAMIRDs.
Mann stated he will work with the Committee Chair to schedule this item before
committee again in January.
3. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.02, COUNTY COUNCIL
(AB2010 -143A) (8 :41 :19 PM)
Kershner moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: Weimer (1)
4. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.03, BOARDS AND
COMMISSIONS (AB2010 -143B) (8 :43 :48 PM)
Kershner moved to adopt the ordinance.
Kershner moved to amend Council packet page 430, section 2.03.030, "...they
have previously served. ,
A member may be appointed to serve up to two
consecutive four -year terms, regardless of whether that member has served a first term of
Whatcom County Council, 10/12/2010, Page 9
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less than four years." This language is consistent with other ordinances with the same
language.
Crawford stated the intent of the amendment is to allow a board or committee
member to serve two consecutive terms, after a partial term is served.
Kershner stated the amendment eliminates the possibility of a board or commission
member to be appointed to a partial term, and then not be able to serve two full terms.
The motion to amend carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Kershner moved to amend the title of Section 2.03.070, "Confirmation of Executive
Appointments."
The motion to amend carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Kershner moved to amend 2.03.080(A), The clerk of the council shall cause to be
compiled and published anRually monthly a listing of...." This amendment may reflect what
the Council Office already does.
Dana Brown - Davis, Clerk of the Council, stated the Council staff does a monthly
update, but the Council Office annually publishes a legal advertisement in the newspaper of
one comprehensive vacancy list that includes Council- appointed and Executive - appointed
vacancies. This section references that annual publication.
Kershner referenced Section 2.03.060 and asked how the Council Office advertises
vacancies. Brown -Davis stated the staff will continue to do monthly updates.
Kershner withdrew her motion.
Kershner moved to amend Section 2.03.060, "For appointment by the council of
non - councilmembers to those boards, commissions, and committees performing either an
administrative or legislative function, council shall adveFtise a vaeaney publish vacancies on
its website and include an application deadline...."
The motion to amend carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Mann and Kershner (6)
Nays: None (0)
Absent: Knutzen (1) (out of the room)
Kershner moved to amend Section 2.03.080(D), "...giving their name, address,
telephone number, occupation and FAR proof of all required qualifications. The
application shall be kept...." Having a deadline for applications is helpful to allow Council
staff verify from the County Auditor whether applicants live in the districts they are
supposed to live in to meet the board or commission qualifications. Staff won't have time to
provide that verification if an applicant submits an application at the deadline. Instead,
have the applicants provide that proof.
Whatcom County Council, 10/12/2010, Page 10
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Brown -Davis stated the staff checks the district in which the applicant lives at the
Auditor's Office.
Brenner asked if the deadline could be earlier. Brown -Davis stated it's up to the
Council.
Kershner withdrew her motion. She doesn't want to mistakenly appoint
someone to a position that represents a district in which the applicant doesn't live.
Mann stated the first sentence of Section 2.03.030 contradicts the amended
language.
Kershner moved to amend Section 2.03.030, "A member may be appointed to
serve up to two consecutive four -year terms, regardless of whether that member has
served a first term of less than four years. No board, commission or committee member
shall serve more than two consecutive full terms; however, after serving two consecutive
full terms, a citizen may become eligible for re- appointment to a board, commission or
committee after a one -year period of separation from the respective board, commission or
committee on which they have previously served.
to a newly created board, eernngissien eF cernmottee shal' be eensmdeFed a full teFrn fer the
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 amend Section 2.03.030, period of separation from the
respective board, commission or committee on which they have he or she has previously
served."
The motion to amend carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
The motion to adopt as amended carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
5. RESOLUTION AMENDING WHATCOM COUNTY CODE SECTIONS 100.02,
FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE, AND 100.06,
SUBZONE ADVISORY COMMITTEES (AB2010 -143C) (9:03:21 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Brenner 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)
6. ORDINANCE AMENDING WHATCOM COUNTY CODE 16.20, WHATCOM
COUNTY SHELLFISH PROTECTION DISTRICTS (AB2010 -342) (9:05:18 PM)
Whatcom County Council, 10/12/2010, Page 11
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Mann moved to adopt the ordinance.
Knutzen asked if the Board of Supervisors approves any fees applied to the districts.
Weimer stated it does. The fee doesn't have to go to the voters, but the fees have
to go through the Board.
Kershner asked if they are currently collecting a tax from the districts.
Weimer stated they are not. As part of the State law, the Board has the ability to
collect a tax, but Whatcom County does not do that. Funding for programs comes from the
Water Resources fund.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
7. NOMINATION AND POSSIBLE APPOINTMENT TO FILL A VACANCY ON THE
WHATCOM COUNTY SOLID WASTE ADVISORY BOARD (PUBLIC INTEREST) —
APPLICANT: MARJORIE ANN LEONE (AB2010 -264) (9:08:05 PM)
Brenner moved to suspend the rules and nominate and appoint this evening. They
also just recently passed a motion to reduce what's necessary for a quorum. They have had
a really hard time having a quorum at these meetings. Please make this appointment.
The motion to suspend the rules carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Knutzen moved to nominate and appoint Marjorie Ann Leone.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
INTRODUCTION ITEMS (9:09:40 PM)
Weimer 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 ADOPTING THE SIX -YEAR CAPITAL IMPROVEMENT PROGRAM
FOR WHATCOM COUNTY FACILITIES (2011 -2016) AND RELATED
AMENDMENTS (AB2010 -355)
2. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20, ZONING CODE,
TO REVISE WCC 20.15, COMMERCIAL MUSHROOM SUBSTRATE PRODUCTION
FACILITIES (AB2010 -356)
Whatcom County Council, 10/12/2010, Page 12
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3. RESOLUTION APPROVING SALE OF FINSRUD QUARRY AS SURPLUS REAL
PROPERTY (AB2010 -357)
4. ORDINANCE ESTABLISHING SPEED LIMITS ON CERTAIN COUNTY ROADS
(AB2010 -358)
S. ORDINANCE AUTHORIZING THE INSTALLATION OF STOP SIGNS ON
VARIOUS ROADS WITHIN WHATCOM COUNTY (AB2010 -359)
6. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY BUDGET, SIXTEENTH
REQUEST, IN THE AMOUNT OF $709,000 (AB2010 -360)
7. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY PROJECT BUDGET,
FOURTH REQUEST, IN THE AMOUNT OF $5,292,436 (AB2010 -361)
8. ORDINANCE AMENDING WHATCOM COUNTY CODE (WCC) TITLE 24, HEALTH
CODE, TO REVISE WCC 24.12, MUSHROOM SUBSTRATE PRODUCTION
FACILITY RULES (AB2010 -363)
OTHER BUSINESS and REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
(9:10:21 PM)
Kershner stated they will meet on Thursday with North Sound Mental Health
Executive Committee to discuss proposed budget cuts from the State Department of Social
and Health Services (DSHS) regarding mental health services.
Nelson stated he will attend the Alzheimer's Society annual convention and give a
presentation on drugs for dementia treatment.
ADJOURN
The meeting adjourned at 9:11 p.m.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council&o.w hatcom .wa.us
Dana Brown- Davis, Council Clerk
Sam Crawford, Council Chair
Whatcom County Council, 10/12/2010, Page 13