HomeMy WebLinkAboutCouncil September 14 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
WHATCOM COUNTY COUNCIL
Regular County Council
September 14, 2010
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken
Mann, L. Ward Nelson and Carl Weimer
Absent: None
FLAG SALUTE
ANNOUNCEMENTS (7:00:22 PM)
Crawford announced there was consideration of appeal of Hearing Examiner's
decision filed by David Mann, Attorney for Friends of Nooksack Samish Watershed,
regarding appeal of Mitigated Threshold Determination of Nonsignificance under
SEPA for the Concrete Nor'West proposed amendment to the Comprehensive Plan
Map (AB2010 -263) in executive session during the Committee of the Whole meeting.
Kershner moved to uphold the Hearing Examiner's decision.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Knutzen and Kershner (5)
Nays: Mann and Weimer (2)
Crawford announced there was also consideration of appeal of Hearing
Examiner's decision filed by Bradley Swanson, Attorney for Sound Pacific
Resources, regarding appeal of Birch Bay Watershed and Aquatic Resources
Management District Manager's final decision regarding a service charge
adjustment request (AB2010 -275) in executive session during the Committee of the
Whole meeting. (7:01 :20 PM)
Knutson moved to grant the motion to dismiss.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Crawford announced there was also discussion with Senior Deputy Prosecutor
Karen Frakes regarding pending litigation (AB2010 -018) in executive Session during
the special Committee of the Whole meeting.
Whatcom County Council, 9/14/2010, 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
Nelson moved to refer the establishment of a limited area of more intense rural
development (LAMIRD) in a portion of the Caitac property north of Bellingham to the
Whatcom County Planning Commission for their review and a public hearing.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Knutzen and Kershner (5)
Nays: Mann and Weimer (2)
SPECIAL PRESENTATION
1. COUNTY EXECUTIVE PETE KREMEN TO PROCLAIM OVARIAN CANCER
AWARENESS MONTH (AB2010 -017) (7:02 :58 PM)
Pete Kremen, County Executive, read the proclamation declaring September 2010
Ovarian Cancer Awareness Month. He presented the proclamation to cancer survivor Linda
Adler.
Linda Adler, recipient, stated the proclamation helps with awareness and education,
which are keys to early diagnosis and survival. They don't have a screening tool, so 80
percent of women aren't diagnosed until late stage. Fifty -five percent of those women will
die within five years. She is starting her fifth year. She plans to break the mould. Getting
the word out is important. She hopes the County will decide to continue this annual
proclamation without her urging. She acknowledged all the women survivors attending this
meeting, including their supporters. She also acknowledged Joe Bates, who helped her get
the word out the last four years and encouraged this annual proclamation.
Crawford stated the County Council appreciates Ms. Adler for taking on the annual
proclamation. The Council will continue it.
MINUTES CONSENT (7 :08 :52 PM)
Mann moved to approve the Minutes Consent items.
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 JULY 27, 2010
2. BOARD OF HEALTH FOR AUGUST 3, 2010
3. SPECIAL COMMITTEE OF THE WHOLE FOR AUGUST 10, 2010
4. COMMITTEE OF THE WHOLE FOR AUGUST 10, 2010
S. REGULAR COUNTY COUNCIL FOR AUGUST 10, 2010
6. SPECIAL COUNTY COUNCIL FOR AUGUST 24, 2010
Whatcom County Council, 9/14/2010, 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
OPEN SESSION (7:09 :19 PM)
The following people spoke:
• Doug Robertson, submitted a handout (on file) and spoke on the issue of the
Birch Bay Stormwater Ordinance and Appeal of Hearing Examiner's Decision
regarding Beachwood Resort (AB2010 -275).
• (Clerk's Note: The speaker following Doug Robertson requested that his /her
testimony not be included in the minutes. The speaker's testimony is available
on the meeting's audio recording.)
• Stuart Rich, 3811 Constitution Road, Lummi Island, spoke regarding
mediation with the Lummi Nation.
• Pete Kremen, County Executive, spoke on the issue of negotiation with the
Lummi Nation.
CONSENT AGENDA (7 :20 :09 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through 15.
Brenner withdrew items eight and nine.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN WHATCOM COUNTY AND WHATCOM COMMUNITY
COLLEGE FOR ADULT BASIC EDUCATION AND GED CLASSES FOR JAIL
RESIDENTS IN THE AMOUNT OF $36,374 (AB2010 -307)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT
AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE
DEPARTMENT OF COMMERCE FOR GRANT FUNDING TO SUPPORT THE
NORTHWEST REGIONAL DRUG TASK FORCE IN THE AMOUNT OF $276,919
(AB2010 -308)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND CHINOOK ENTERPRISES FOR
THE PURPOSE OF PROVIDING SERVICES TO ADULTS WITH DEVELOPMENTAL
DISABILITIES TO PURSUE AND MAINTAIN EMPLOYMENT IN THE
COMMUNITY (AB2010 -309)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON
ASSOCIATION OF SHERIFFS AND POLICE CHIEFS FOR THE ELECTRONIC
HOME DETENTION PROGRAM IN THE AMOUNT OF $75,000 (AB2010 -310)
5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT
AGREEMENT AND GRANT AWARD BETWEEN WHATCOM COUNTY AND US
DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, FOR THE
Whatcom County Council, 9/14/2010, 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
ANNUAL JUSTICE ASSISTANCE GRANT FOR DRUG COURT IN THE AMOUNT
OF $21,340 (AB2010 -311)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH THE WASHINGTON STATE ADMINISTRATIVE
OFFICE OF THE COURTS AND WHATCOM COUNTY CLERK OF THE SUPERIOR
COURT TO PROVIDE FOR REIMBURSING WHATCOM COUNTY FOR THE
PURCHASE OF COMPUTER EQUIPMENT IN THE AMOUNT OF $18,000
(AB2010 -312)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH THE WASHINGTON STATE ADMINISTRATIVE
OFFICE OF THE COURTS AND WHATCOM COUNTY SUPERIOR COURT TO
PROVIDE FOR REIMBURSING WHATCOM COUNTY FOR THE PURCHASE OF
COMPUTER EQUIPMENT IN THE AMOUNT OF $5,800 (AB2010 -313)
8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE DIRECT
BILLING AND PAYMENT TO DEPARTMENT OF NATURAL RESOURCES
CONTRACTOR ROMANAGGI VALUATION SERVICES FOR LAND APPRAISAL
SERVICES IN THE AMOUNT OF $29,990 (AB2010 -314)
-And-
9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE DIRECT
BILLING AND PAYMENT TO DEPARTMENT OF NATURAL RESOURCES
CONTRACTOR ATTERBURY CONSULTANTS, INC. FOR TIMBER APPRAISAL
SERVICES IN THE AMOUNT OF $66,043 (AB2010 -315)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda Items eight and nine.
Brenner stated these are to reimburse for work that has already been done. She
didn't support it before and won't approve it now. This is a reminder of how expensive this
will get. This cost is a small amount compared to the cost of the entire process. The
citizens of Whatcom County have plenty of access to that property. The property is fully -
maintained by the State Department of Natural Resources (DNR). The County doesn't have
the money to take care of this property. The County will have to advertise the property and
create options and abilities for more people to come into the watershed. That isn't a good
idea.
Mann stated this request is part of the process to assess the value of the
reconveyance land. Voting no on these items will cost the County more money. They are
saving money by enabling direct billing. He appreciates a no vote is a protest vote, but the
County will have to send the money back to Olympia, which adds its handling fee.
Knutzen stated he is against the request. They won't get the impact they want from
this. A question is whether DNR or the County's understaffed Parks Department is a better
manager. It costs the County money. The Council has to stop the bleeding. This isn't
where they need to waste the small resources they have. Over 60 percent of this can't be
logged. It's not worth the cost at this time.
Brenner stated her vote is not a protest vote. She doesn't support this request.
Whatcom County Council, 9/14/2010, 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
Mann stated he's not sure what Councilmember Brenner doesn't support. He asked
if she doesn't support saving money by using direct billing.
Brenner stated she supports saving money by not doing the reconveyance at all.
Mann stated that's not what they're voting on, so it is a protest vote.
Brenner stated the County has a choice. The money should come from somewhere
else.
Knutzen asked how to stop the reconveyance process. If they want to do something
meaningful for the watershed, use this money to develop a transfer of development rights
(TDR) program. He doesn't agree with the reconveyance. Stop the process as soon as
possible to save the taxpayers' money.
Brenner stated they can revisit the issue. There is no deadline for moving ahead on
any part of the reconveyance. When the reconveyance came forward initially, they were
going into a really difficult economic time. She was told by someone on the Council that
they would be out of the recession by next spring. That was about a year ago.
Kershner asked if the County has already spent the money on the appraisal or if the
appraisal has already been done.
Mike McFarlane, Parks and Recreation Department Director, stated they have a
signed "not to exceed" contract with the Department of Natural Resources. They're already
encumbered. Each quarter, the County pays the bill for whatever services were performed
in bringing this forward. After the first of the year, probably in March, the Council will need
to make final action to approve the reconveyance. These contracts are for a number of land
and timber appraisers. The appraisal contractors went through the competitive bid process.
The State Department of Natural Resources already let the contract. This is a way to save
some additional tax dollars. This is being managed at the regional level. When the bill goes
through Olympia, a number of administrative costs are added. The appraisal work is
commencing right now.
Knutzen asked if DNR initially was in favor of the reconveyance. McFarlane stated it
was. It is a joint agreement between the DNR and Whatcom County, through the County
Executive and Commissioner of Public Lands.
Knutzen asked if DNR would be willing to get out of this contract if the County
presents that option. McFarlane stated the previous Commissioner of Public Lands signed
the agreement with Whatcom County. He guesses the current Commissioner of Public
Lands is committed to the exchange.
The motion carried by the following vote:
Ayes: Crawford, Weimer, Mann and Kershner (4)
Nays: Knutzen, Brenner and Nelson (3)
10. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND WASHINGTON
STATE DEPARTMENT OF SOCIAL AND HEALTH SERVICES FOR SUBSTANCE
ABUSE PREVENTION AND TREATMENT IN WHATCOM COUNTY IN THE
AMOUNT OF $35,339 (AB2010 -316)
Whatcom County Council, 9/14/2010, 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
11. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO RENEW
INSURANCE FOR THE WHATCOM CHIEF FERRY (POLICY YEAR 09/30/2010
THROUGH 09/30/2011) IN THE AMOUNT OF $52,250 (AB2010 -317)
12. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE
AGREEMENT BETWEEN WHATCOM COUNTY AND BIRCH BAY LIONS CLUB
FOR 7467 GEMINI STREET, BLAINE FOR THE AMOUNT OF THE STATE
LEASEHOLD EXCISE TAX (AB2010 -318)
13. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND PUBLIC SAFETY
CONSULTANTS, INC. FOR RECORDS MANAGEMENT SYSTEM CONSULTING
SERVICES FOR THE SHERIFF'S OFFICE IN THE AMOUNT OF $57,600
(AB2010 -319)
14. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT
AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE
DEPT OF COMMERCE COMMUNITY DEVELOPMENT BLOCK GRANT TO THE
OPPORTUNITY COUNCIL FOR REHABILITATION OF LOW INCOME HOUSING
IN THE AMOUNT OF $500,000 (AB2010 -320)
15. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A SUB -
RECIPIENT AGREEMENT BETWEEN WHATCOM COUNTY AND THE
OPPORTUNITY COUNCIL FOR REHABILITATION OF LOW INCOME HOUSING
IN THE AMOUNT OF $500,000 (AB2010 -321)
OTHER ITEMS
1. RESOLUTION TO ELECT EXPENDITURES OF NATIONAL FOREST RELATED
SAFETY -NET PAYMENTS UNDER PL 110 -343 (AB2010 -306) (7:30 :55 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the resolution.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN
AND ZONING MAP FOR PROPERTY KNOWN AS HARBOR SHORES LOCATED
ON BLAINE ROAD, SOUTH OF DAKOTA CREEK (AB2010 -258)
This item was withdrawn from the agenda.
3. CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF SAM RYAN
TO DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES (AB2010 -323)
(7 :31:44 PM)
Nelson 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)
Whatcom County Council, 9/14/2010, Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
4. RESOLUTION IN SUPPORT OF WHATCOM COUNTY'S AND LUMMI NATION'S
REQUEST FOR APPROPRIATION IN THE FEDERAL BUDGET FOR FISCAL YEAR
2010 -2011 FOR TRAFFIC IMPROVEMENTS IN AND NEAR LUMMI
RESERVATION (AB2010 -328) (7:32:01 PM)
Crawford moved to approve the resolution.
Brenner asked if this is the best timing for this resolution.
Pete Kremen, County Executive, stated any time would be okay. The Lummi Nation
requested that the County Council make a public statement. The administration has already
made the joint request. This resolution is just a statement from the County Council as a
body, at the request of the Lummi Nation. This resolution is an affirmation of what the
Executive branch has already done. It also strengthen the County's request to its
Congressional delegation.
Mann asked how specific is the letter. He asked if it specifies certain projects.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: None (0)
Abstain: Kershner (1)
INTRODUCTION ITEMS
Mann moved to accept the Introduction Items.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. RESOLUTION ADOPTING THE 2011 ANNUAL ROAD CONSTRUCTION
PROGRAM (AB2010 -322)
2. ORDINANCE ESTABLISHING PARKING RESTRICTIONS ON LOCUST AVENUE
(AB2010 -324)
3. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY BUDGET, FIFTEENTH
REQUEST, IN THE AMOUNT OF $1,320,916 (AB2010 -325)
OTHER BUSINESS (7:36:29 PM)
-And-
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Weimer reported that the Northwest Clean Air Agency awarded the platinum award
to Olson Auto Body. They have switched all their paint to a water -based system that
reduces air pollution significantly.
Whatcom County Council, 9/14/2010, 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
Crawford stated he acknowledges Councilmember Weimer for handling all the media
requests during the day, due to a pipeline explosion in California. He is proud to have
Councilmember Weimer as a local advocate for pipeline safety. He has earned the respect
of many nationwide.
Brenner reported for the Public Works and Safety Committee on the resolution
adopting the 2011 Annual Road Construction Program (AB2010 -322). It was
recommended for a public hearing.
Kershner stated the Northwest Regional Council did not receive any findings during
a recent audit.
ADJOURN
The meeting adjourned at 7:38 p.m.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council@�omhatcomma.us
Dana Brown - Davis, Council Clerk
Sam Crawford, Council Chair
Whatcom County Council, 9/14/2010, Page 8