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WHATCOM COUNTY COUNCIL
Regular County Council Meeting
May 26, 2015
CALL TO ORDER
Council Chair Carl Weimer called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Rud Browne,
Pete Kremen, and Barry Buchanan.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
Weimer announced there was an update on the Lummi Island Ferry Lease relating to
the Lummi Nation Marina proposal (AB2015 -018) in executive session during the Committee
of the Whole meeting.
PUBLIC HEARINGS
1. RESOLUTION IN SUPPORT OF AN APPLICATION FOR A WASHINGTON
DEPARTMENT OF COMMERCE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FOR FUNDS TO BE USED FOR CONSTRUCTION OF THE ADDITIONAL
MULTI - PURPOSE BUILDING AT THE EAST WHATCOM REGIONAL RESOURCE
CENTER (AB2015 -165)
(Clerk's Note: The Community Development Block Grant (CDBG) required handouts
were included in the Council's packet and available to the public at the public hearing.)
Weimer opened the public hearing, and the following people spoke:
Cheryl Thompson, Foothills Food Bank Board of Directors President, stated she
thanks the Council for the grant for the second building. The food bank hopes to be a tenant
in this building. She is excited to have this opportunity. They have very limited space and
have been turning away perishable food due to the limited refrigerated and freezer space.
They want to serve more healthy perishable foods to people who are unable to provide food
for themselves. They have been working to raise funds for a refrigerated storage container.
They have exceeded their goal. They would like to have that refrigerated space by
September, but they still need more distribution space. Now, they are limited to one
distribution time per week, which is on Tuesday mornings. The second building at the
resource center would be well -used. She asked the audience of tonight's meeting to
indicate by waving that they support the resolution in lieu of speaking at open session at
Regular County Council Meeting, 5/26/2015, Page 1
1 tonight's meeting. (Clerk's Note: Approximately 20 audience members indicated their
2 support.)
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4 Rebecca Boonstra, East Whatcom Community Council Chair, stated she thanks the
5 Council for everything being done in the East County. It's starting to feel like less of a fight
6 to get attention in east Whatcom county. The residents are very thankful for the resource
7 center. She agrees with the previous speaker. There is a potluck at 6:00 p.m. on June 41n,
8 and councilmembers are invited to attend. She will cook the potluck meal for any
9 councilmember who wants to come.
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11 Hearing no one else, Weimer closed the public hearing.
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13 Kremen moved to approve the resolution.
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15 Brenner stated she thanks the people who are working on issues in East County.
16 The folks all work well together.
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18 The motion carried by the following vote:
19 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Kremen, and Weimer (7)
20 Nays: None (0)
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23 OPEN SESSION
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25 The following people spoke:
26 • Kathleen Cruz spoke about a recent health care worker strike and lockout.
27 • Greg Brown spoke about the County's citizen advisory committees.
28 Max Perry spoke about Sheriff and law enforcement needs.
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31 CONSENT AGENDA
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33 Browne reported for the Finance and Administrative Services Committee and
34 moved to approve Consent Agenda items one and two.
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36 The motion carried by the following vote:
37 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Kremen, and Weimer (7)
38 Nays: None (0)
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40 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
41 CONTRACT FOR BETWEEN WHATCOM COUNTY AND SIEMENS INDUSTRY,
42 INC. FOR THE PURPOSE OF PROVIDING MULTIPLE FIELD PANEL
43 CONTROLLER UPGRADES IN THE AMOUNT OF $73,655.12 (AB2015 -170)
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45 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
46 CONTRACT BETWEEN WHATCOM COUNTY AND SAN JUAN CRUISES FOR
47 PASSENGER -ONLY FERRY SERVICE TO LUMMI ISLAND DURING ANNUAL DRY
48 DOCK, OR ON -CALL AS NEEDED FOR EMERGENCIES, IN THE AMOUNT OF
49 $61,943.00 (AB2015 -171)
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Regular County Council Meeting, 5/26/2015, Page 2
1 OTHER ITEMS
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3 1. ORDINANCE AMENDING THE 2015 WHATCOM COUNTY BUDGET, SIXTH
4 REQUEST, IN THE AMOUNT OF $35,783 (AB2015 -163)
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6 Browne reported for the Finance and Administrative Services Committee and
7 moved to adopt the ordinance.
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9 The motion carried by the following vote:
10 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Kremen, and Weimer (7)
11 Nays: None (0)
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13 2. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.02 TO REVISE COUNTY
14 COUNCIL MEETING RULES (AB2015 -082A)
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16 Browne reported for the Finance and Administrative Services Committee and
17 moved to adopt the ordinance.
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19 Brenner stated that providing more efficiency and effectiveness is not the important
20 part of changing the code. The public will not have transparency. There is already a
21 system in place that is working. A professional parliamentarian she found said that the
22 necessity of a second is a myth. If people talk on and on, then a councilmember can call for
23 the question or use another method to end discussion. If a councilmember is so surprised
24 by a motion that there isn't enough information to vote one way or another, the item can be
25 referred to committee. The system in place works just fine. This will stifle a super minority.
26 It isn't fair, and it is not in the public interest. They are all elected by everyone in Whatcom
27 County. It's not fair to the citizens who elected them when they are shut down by not
28 having a second.
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30 Mann stated he is going to vote no on this ordinance, for many of the reasons
31 Councilmember Brenner mentioned. Also, this is not going to change how the council is
32 going to do business. It's going to come down to the Chair running a meeting and
33 determining when something is relevant. This rule will not have much effect either way.
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35 Brenner stated the biggest effect is that no vote will be in the minutes. People can
36 make up whatever they want regarding their position on a matter, and they will never be
37 held accountable. There should be an allotment for the people to have a voice. The people
38 won't have a voice if councilmembers don't vote on motions.
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40 Browne stated a letter was provided to the Council by the registered parliamentarian.
41 She explains that generally the reasons for not wanting motions to be considered and voted
42 on at a particular time can include not having sufficient information, having already
43 discussed and dealt with the matter during committee meetings, or that they are items that
44 are a complete surprise to other members, so they don't have the preparation to discuss
45 them. The use of a second is normal and customary for almost every meeting body to
46 make sure members come to the meetings well prepared and with a good argument up
47 front as to why something should be considered. The only thing a person has to do is win
48 the support of one other member to put the thing to a full vote. This will enable them to
49 operate more efficiently and more transparently.
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51 Sidhu asked how does Ms. Brenner describe the super minority.
52
Regular County Council Meeting, 5/26/2015, Page 3
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Brenner stated she has been the lone vote on certain things. She resents that this
will make it so it isn't supposed to be dealt with, and the public isn't supposed to know
about it. Some of the comments by the professional parliamentarian were insulting. The
memo said it will prevent the waste of Council's time when they don't want the motion
discussed and voted upon. If the public feels the Council is wasting its time, they let the
Council know at the ballot box. A business can operate that way if it wants. She doesn't
begrudge other elected bodies that require a second. The County Council doesn't require a
second. They don't need to. There are other ways to end discussion, such as referring to
committee or calling the question, which has been done. There are other systems in place
to take care of this.
Sidhu stated he is too new to have the answers, but he is learning more and more.
No one is being singled out. If the current system works, there is nothing wrong with that.
He didn't read that the ordinance was about Ms. Brenner. Efficiency is a not a bad thing.
Brenner stated she is notorious for bringing things up. That doesn't mean something
is wrong with them. If someone brings something up she is opposed to, she still wants to
hear more about it, which can change her mind. They are more likely to make the best
decisions when they hear more points of view. Efficiency has merits, but struggling with the
public's business to get to the best decision is more important.
The motion carried by the following vote:
Ayes: Browne, Buchanan, Kremen, and Weimer (4)
Nays: Sidhu, Brenner and Mann (3)
3. REQUEST APPROVAL OF THE MASTER COLLECTIVE BARGAINING
AGREEMENT TEAMSTERS' LOCAL UNION NO. 231 EFFECTIVE MAY 26, 2015
(AB2015 -169)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Kremen, and Weimer (7)
Nays: None (0)
4. ORDINANCE AMENDING THE 2015 WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BUDGET, SECOND REQUEST, IN THE AMOUNT OF $400,000
(AB2015 -164)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.)
Browne reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Kremen, and Weimer (7)
Nays: None (0)
S. ORDINANCE AMENDING WHATCOM COUNTY CODE 24.13, ILLEGAL DRUG
MANUFACTURING OR STORAGE SITES (AB2015 -069)
Regular County Council Meeting, 5/26/2015, Page 4
Brenner reported for the Public Works, Health, and Safety Committee and moved to
adopt the substitute ordinance.
Mann stated they worked on this for a year and a half. It is good, effective language
based on science. It's a good idea for individuals to do the methamphetamine testing
themselves. It's not expensive. The County Health Department will assist people in
figuring out what to do and how to interpret the results.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Kremen, and Weimer (7)
Nays: None (0)
INTRODUCTION ITEMS
Weimer stated Introduction Item six is a substitute ordinance.
Brenner moved to accept Introduction Items one through six.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Kremen, and Weimer (7)
Nays: None (0)
1. RECEIPT OF APPLICATION FOR THE PLANNING COMMISSION - DISTRICT 3
REPRESENTATIVE, APPLICANT: MICHAEL BERSCH (AB2015 -168)
(APPLICATION DEADLINE FOR ANY OTHER APPLICANTS TO THIS VACANCY
IS 10 A.M. ON JUNE 2, 2015) (PROPOSED SCHEDULE — JUNE 9 COUNCIL)
2. RECEIPT OF APPLICATION FOR THE LUMMI ISLAND FERRY ADVISORY
COMMITTEE, APPLICANT: CHARLES R. BAILEY (AB2015 -0448)
(APPLICATION DEADLINE FOR ANY OTHER APPLICANTS TO THIS VACANCY
IS 10 A.M. ON JUNE 2, 2015) (PROPOSED SCHEDULE — JUNE 9 COUNCIL)
3. ORDINANCE AUTHORIZING AN INTERFUND LOAN TO CONTINUE FINANCING
OF CENTRAL PLAZA BUILDING (AB2015 -173) (PROPOSED SCHEDULE — JUNE
9 FINANCE AND ADMINISTRATIVE SERVICES COMMITTEE AND COUNCIL)
4. ORDINANCE AUTHORIZING AN INTERFUND LOAN TO CONTINUE FINANCING
OF ASSESSOR TREASURER SYSTEM (AB2015 -174) (PROPOSED SCHEDULE —
JUNE 9 FINANCE AND ADMINISTRATIVE SERVICES COMMITTEE AND
COUNCIL)
S. REQUEST FOR A MAJOR ADJUSTMENT, A MAJOR AMENDMENT AND A ONE -
YEAR EXTENSION FOR FINAL APPROVAL FOR THE LINCOLN ROAD LONG
SUBDIVISION (AB2015 -172) (PROPOSED SCHEDULE — JUNE 9 PLANNING
AND DEVELOPMENT COMMITTEE AND COUNCIL PUBLIC HEARING)
6. ORDINANCE ESTABLISHING WHATCOM COUNTY CODE 2.46, CREATING A
WHATCOM COUNTY INCARCERATION PREVENTION AND REDUCTION TASK
FORCE INTENDED TO PROVIDE RECOMMENDATIONS, OVERSIGHT, AND
SPECIFIC TIMEFRAMES ON THE DEVELOPMENT OF NEW, OR ENHANCEMENT
OF EXISTING PROGRAMS DESIGNED ALONG A CONTINUUM THAT
EFFECTIVELY REDUCES INCARCERATION OF INDIVIDUALS STRUGGLING
Regular County Council Meeting, 5/26/2015, Page 5
1 WITH MENTAL ILLNESS AND CHEMICAL DEPENDENCY AND MINIMIZES JAIL
2 UTILIZATION BY PRETRIAL DEFENDANTS WHO CAN SAFELY BE RELEASED
3 (AB2015 -047K) (PROPOSED SCHEDULE TO BE ANNOUNCED)
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5 7. ORDINANCE ESTABLISHING WHATCOM COUNTY CODE 2.118, CREATING A
6 WILDLIFE ADVISORY COMMITTEE (AB2015 -175)
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8 This item was withdrawn from the agenda.
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10 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
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12 Buchanan reported for the Natural Resources Committee on the discussion
13 regarding a proposed ordinance establishing Whatcom County Code 2.118,
14 creating a Wildlife Advisory Committee (AB2015 -175). They will work with staff and
15 the administration to create a good solution for staffing and administrative involvement.
16 The committee will discuss it again in two weeks.
17
18 Brenner stated it was brought up that the Council needs to review all its citizen
19 committees. Do that at the same time they are creating another committee. She reported
20 for the Public Works, Health, and Safety Committee on the presentation of Public Works
21 analysis of the Washington State Ferry HIYU (AB2015- 156A). The committee also
22 discussed a potential viable option to purchase a ferry for Lummi Island.
23
24 Browne stated there is a giant hogweed problem spreading across Canada. The
25 plant can grow to three times the size of an adult. It emits a substance that is toxic. It can
26 cause permanent blindness and chemical burns. It exists in three sites in Whatcom County.
27 The Noxious Weed Board is managing it and keeping it under control.
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29 Buchanan stated he was able to look at a Kulshan Land Trust project on Lafayette
30 Street. The City is building a park there. The homes are on a bluff, and many have solar
31 panels, tight construction, and good insulation. It is a good plan that includes great housing
32 ideas.
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34 Mann stated he served as emcee of the Ski to Sea awards ceremony. He gives credit
35 to the race committee and the 1,100 volunteers. He recognizes the race director, Pete Coy,
36 who is stepping down. It was a great event.
37
38 Brenner stated she compliments the County Executive for his presentation at Lummi
39 Island. He gave the best presentation and answered many questions. He did a great job
40 responding to the people.
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42 Kremen stated the remains of a former Blaine High School student, who served in
43 the Army during the Vietnam era, were found. He has been listed as missing in action
44 (MIA) all these years. A proper burial is going to take place. All the preparations and
45 contacts have been made to get a gold star plaque for his survivors. He will make sure the
46 inscription on the Courthouse plaque will be changed to indicate he is no longer shown as
47 MIA. Whatcom County should be very proud of Rainer Sylvester Ramos.
48
49 Jack Lowes, County Executive, stated they are working on different ways to change
50 the plaque on the Courthouse memorial wall.
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52 Sidhu stated there are too many advisory committees. This is an ongoing concern
53 that needs careful consideration. It may take some time. It's worthy to review what has
Regular County Council Meeting, 5/26/2015, Page 6
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happened over the last fifty years and remedy whatever they can. Engaging citizens in the
community is a good thing.
He attended the memorial ceremony
army and served for four and half years with
during a northern Africa conflict.
ADJOURN
The meeting adjourned at 7:50 p.m.
in Lynden. His father enlisted in the British
the 10th Army, British Army Division, in Persia
rT% Il mm,pty�Council approved these minutes on October 13, 2015.
WHATCOM COUNTY COUNCIL
' r5 WHATCOM COUNTY, WASHINGTON
z
C3 a Brow yis, Cout LiI Clerk Carl Weimer, Council Chair
Jill Nixon, Minutes Transcription
Regular County Council Meeting, 5/26/2015, Page 7