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HomeMy WebLinkAboutCouncil October 27 20151 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 Meeting October 27, 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, Pete Kremen, Rud Browne and Barry Buchanan. Absent: None. FLAG SALUTE ANNOUNCEMENTS Weimer announced there was discussion regarding the proposed resolution approving the Whatcom County 2016 Annual Construction Program (ACP) (AB2015 -305) during the Special Committee of the Whole meeting. MINUTES CONSENT Brenner moved to approve Minutes Consent items one through six. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7) Nays: None (0) 1. BOARD OF HEALTH FOR MAY 5, 2015 2. REGULAR COUNTY COUNCIL FOR JUNE 9, 2015 3. SPECIAL COMMITTEE OF THE WHOLE FOR JUNE 23, 2015 4. REGULAR COUNTY COUNCIL FOR JUNE 23, 2015 S. BOARD OF HEALTH FOR JULY 14, 2015 6. SPECIAL COUNTY COUNCIL FOR AUGUST 4, 2015 Regular County Council Meeting, 10/27/2015, 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 PUBLIC HEARINGS 1. RESOLUTION APPROVING THE SALE OF AN ACCESS EASEMENT OVER WHATCOM COUNTY -OWNED PROPERTY (AB2015 -309) Weimer opened the public hearing, and hearing no one, Weimer closed the public hearing. Brenner moved to approve the resolution. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7) Nays: None (0) OTHER BUSINESS Weimer described the Council's role in approving the contract that contained a task to produce and mail an informational flyer to voters regarding the proposed new jail. Jack Louws, County Executive, submitted and read from handouts (on file) including a memo to the Council dated October 27, 2015 regarding the Whatcom County Community Report on the Whatcom County Jail. (Clerk's Note: Discussion continued after the Open Session.) OPEN SESSION The following people spoke: • Bob Burr spoke about the jail sales and use tax ballot measure community report mailer. • Dena Jensen spoke about the jail sales and use tax ballot measure community report mailer. • Marion Beddill submitted a handout (on file) and spoke about pollution and phosphorous removal facilities in the Lake Whatcom watershed. • Barry Wenger spoke about the Wildlife Advisory Committee members. • Christine Morrow, NAMI Whatcom County, spoke about the need for more behavioral health services in Whatcom county and the sales and use tax ballot measure. • Theresa Hertz, National Alliance on Mental Health (NAMI) Whatcom County, spoke about the need for more behavioral health services in Whatcom county and the sales and use tax ballot measure. • Pat Alesse spoke about the sales and use tax ballot measure. • Dale Newman spoke about funding and building a new jail. • James Peterson spoke about the jail sales and use tax ballot measure community report mailer and behavioral health services. • Joan Dow spoke about the jail sales and use tax ballot measure community report mailer. • Maureen Dunaway spoke about the jail sales and use tax ballot measure community report mailer. Regular County Council Meeting, 10/27/2015, Page 2 • Sandy Robson spoke about the jail sales and use tax ballot measure community report mailer. • Ray Baribeau spoke about the jail sales and use tax ballot measure community report mailer. • Jean Chadwick spoke about restorative justice in the school districts and the propose new jail. • Wendy Tarkin spoke about the jail sales and use tax ballot measure community report mailer, the proposed new jail, and behavioral health services. • Doralee Booth submitted and read from a handout (on file) and spoke about the proposed new jail and the jail sales and use tax ballot measure community report mailer. • Theresa Erickson spoke about the jail sales and use tax ballot measure community report mailer. • Irene Morgan submitted and read from a handout (on file) and spoke about the jail sales and use tax ballot measure community report mailer. The following speakers continued to read from the handout submitted by Irene Morgan: o Deborah David • Karen Price • Joy Gilfilan • Doug Gustafson spoke about the proposed new jail. • Sherry Lambert spoke about the proposed new jail and behavioral health services. • Everett Barton spoke about the proposed new jail. • Tyler Ryan spoke about the jail sales and use tax ballot measure community report mailer and County contracts with Resources. • Brooks Anderson spoke about the jail sales and use tax ballot measure community report mailer and the proposed new jail. • Carol MacDonald spoke about the proposed new jail,and the jail sales and use tax ballot measure community report mailer. • Alan Hall spoke about the jail sales and use tax ballot measure community report mailer, the proposed new jail, and behavioral health services. • Deborah Hawley spoke about the proposed new jail and jail reform. OTHER BUSINESS Mann stated there needs to be an investigation after the election. The Council should not be seen as influencing anything at this point. He has not supported the jail tax. The problem with the mailer is that it uses taxpayer dollars to influence an election. That is not acceptable. The mailer was biased, misleading, and inaccurate. It had the wrong proposition number. It wrongly indicated that Bellingham has agreed to the jail use agreement. Two current candidates for office appeared in the mailer. Until last week, he had respect for the County administration. However, this was a deliberate program . They knew they were at the edge of ethics, and there needs to be an investigation about what happened. He would like to know the administration's goal for the mailer, why it was timed to arrive with the ballots, why they used a voter list, and who authorized the content. No one thinks this was an unbiased mailer. This was propaganda. Brenner stated the mailer was a mistake. She has no idea whether or not it was intentional. She supports the new jail proposal. She's concerned that this mailer will create so much controversy that it will hurt the jail proposal. As a person with a mental illness, Regular County Council Meeting, 10/27/2015, Page 3 1 she's impressed with the jail design, and is appalled by the existing jail facilities. Services 2 will be provided for people with mental illnesses and substance abuse. The County has 3 done much to improve mental health and substance abuse services, but they get no media 4 about it. There is going to be a new triage center, and all the new services have to be in 5 place when the new jail opens. Don't imply they are doing nothing except letting all the 6 money go to the jail. That's not what's going on. People must take the time to know more 7 about the issue. She hopes people will deal with what the County needs, and not the side 8 issues. She agrees there needs to be an investigation about the mailer. When she agreed 9 to the contract, she assumed they would work on the ballot statements for the voters 10 pamphlet. The mailer doesn't appear to be neutral. She hopes people will focus on the real 11 issue of the jail. 12 13 Weimer stated it's a gray area for the Council to talk about ballot measures one way 14 or another. They can talk about the mailers, but not about being in support of the ballot 15 measure one way or another. 16 17 Browne stated that at the end of the day, they have a document that has errors in it. 18 It talks about the cities and County agreeing. There is misrepresentation because it talks 19 about Proposition 1, instead of Proposition 2015 -1. There is indifference to the inmates by 20 the use of inmate images. He assumes those inmates will want to reenter society at some 21 point. He doesn't know whether they gave their permission to have their pictures sent to 22 every household in the community. He also sees what he believes to be several breaches in 23 State law. When one runs a large business, there are a lot of areas that a person touches 24 that they don't have direct experience. One way to evaluate the people hired as contractors 25 or service providers for this work is to look at the work they do in which one does have 26 direct experience. From his business experience, this is a document that is poorly done. 27 It's an unprofessional marketing document. It is full of inaccuracies. It brings into question 28 the experience level of the people at DLR, whether DLR bid the contract on the basis of 29 providing their experts and most competent people, and whether the work was then done 30 by inexperienced staff. If that's true, it raises questions about the quality of the rest of the 31 work the County gets from DLR. 32 33 Kremen stated this episode is sad, because the Whatcom County organization is J4 excellent overall. They have a lot of things they need to do that require support from the 35 County's constituents. He doesn't believe that anyone set out to do anything illegal. He is 36 concerned about the County Council's reputation. The County Council technically has some 37 culpability, but none of the councilmembers had any knowledge of what went on. The 38 Council never would have approved what was mailed, when it was mailed, and to whom it 39 was mailed. The content could have included more about the opposing point of view. He 40 doesn't think the mailer will make a difference with the election. Those who are upset 41 about the mailer are likely to oppose the ballot measure anyway, and vice versa. The 42 mailer won't have much impact on the election, but it impacts the public trust. 43 44 Weimer stated he has concerns about the content and timing of the mailer and the 45 lack of communication with the Council. There isn't a lot the Council can do about the 46 mailer. There's been at least one complaint filed with the Public Disclosure Commission and 47 possibly the County's Ethics Commission. 48 49 Jack Louws, County Executive, stated it has never been his intent to do anything 50 incorrectly. As the Executive, he is responsible for the delivery and publication of the 51 informational mailer. He received notification this afternoon that the Public Disclosure 52 Commission is doing an preliminary investigation, and asked for his response by November 53 10. He will work cooperatively with the Commission and through any resulting concerns Regular County Council Meeting, 10/27/2015, Page 4 1 brought up related to it. He appreciates all the concerns and comments related to the 2 mailer. 3 4 Dave McEachran, Prosecutor, stated two of his attorneys reviewed this matter when 5 Executive Louws asked if this would be lawful. He represents all of Whatcom County. He 6 talked to the Public Disclosure Commission, but they do not give opinions on this. He 7 reviewed past opinions of the Commission and determined this flyer fell within the 8 guidelines. They also reviewed a Skagit County flyer and other ballot measure flyers from 9 the school districts. 10 11 Mann stated this is not on the agenda. It's not part of their investigation. The 12 administration will have its chance to state its side of the story. It's not appropriate to do 13 that right now. 14 15 Browne stated he would like to hear Mr. McEachran. 16 17 Kremen stated he would also. 18 19 McEachran stated legal counsel looked at this flyer, the Skagit County flyer, and 20 other flyers that relate specifically to ballot measures. One of the propositions from the 21 Public Disclosure Commission indicates that it is not only the right, but the responsibility, of 22 local government to inform the public on issues that come up on the ballot. He felt that this 23 flyer fell within that guideline and determined it is appropriate. This is not something 24 Executive Louws did without consulting legal counsel. 25 26 27 CONSENT AGENDA 28 29 Browne reported for the Finance and Administrative Services Committee and 30 moved to approve Consent Agenda items one through five. 31 32 (Clerk's Note: The Council took a break at 8:50 p.m. to 8:53 p.m. Councilmember 33 Sidhu left the meeting.) 34 35 Browne reported again for the Finance and Administrative Services Committee and 36 restated his motion to approve Consent Agenda items one through five. 37 38 Weimer withdrew item five. 39 40 The motion to approve Consent Agenda items one through four carried by the 41 following vote: 42 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6) 43 Nays: None (0) 44 Absent: Sidhu (1) 45 46 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A 47 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND FHB 48 CONSULTING TO INCLUDE THE NEW GOALS OF POLICY FRAMEWORK AND 49 PROCEDURES FOR GOVERNING AND MITIGATING FOR CONVERSION OF 50 AGRICULTURAL LANDS, AND SCALE UP AGRICULTURE - WATERSHED 51 CHARACTERIZATION AND MAPPING, IN THE AMOUNT OF $112,600 52 (AB2015 -312) 53 Regular County Council Meeting, 10/27/2015, Page 5 1 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A 2 CONTRACT FOR SERVICES BETWEEN WHATCOM COUNTY AND HERRERA 3 ENVIRONMENTAL CONSULTANTS, INC. FOR UPDATING THE CAPITAL 4 PROJECTS SECTION OF THE LAKE WHATCOM COMPREHENSIVE 5 STORMWATER PLAN, IN THE AMOUNT OF $137,157 (AB2015 -313) 6 7 3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #15 -62 8 AND ENTER INTO A CONTRACT FOR THE EAST WHATCOM REGIONAL 9 RESOURCE CENTER HVAC UPGRADES TO LOWEST BIDDER, HILLCO 10 CONTRACTING, IN THE AMOUNT OF $91,842 (AB2015 -314) 11 12 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE THE 13 PURCHASE OF THREE HALF -TON CREW CAB 4WD PICKUP TRUCKS FROM 14 VENDOR CORWIN FORD, USING WASHINGTON STATE CONTRACT #03813, 15 IN THE AMOUNT OF $97,329.49 (AB2015 -315) 16 17 5, REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A 18 CONTRACT BETWEEN WHATCOM COUNTY AND THE WHATCOM ALLIANCE 19 FOR HEALTH ADVANCEMENT (WAHA) FOR FACILITATION SERVICES FOR 20 THE INCARCERATION PREVENTION AND REDUCTION TASK FORCE, IN AN 21 AMOUNT NOT TO EXCEED $150,000 (AB2015 -316) 22 23 Browne reported for the Finance and Administrative Services Committee and stated 24 the committee recommends amendments. 25 26 Weimer stated he spoke with Anne Deacon at the Health Department, who provided 27 additional information. He prefers to revert back to the original proposed contract that is in 28 the Council packet. 29 30 Anne Deacon, Health Department, submitted information (on file) and stated the 31 contract has been signed by the Whatcom Alliance for Health Advancement (WAHA) Chief 32 Executive Officer (CEO). If the Council changes it, they will have to start over. She 33 understands the concern with item 16. They included language about seeking consultants 34 because the Task Force discussed it. They included language about additional funds 35 because the Task Force is a 23- member entity that has a lot of requests. They wanted to 36 add flexibility in case the Task Force insisted on having a consultant that was out of the 37 control of the facilitator. It didn't seem reasonable to hold the facilitator accountable for 38 something they may not be responsible for. The language as it is doesn't allow WAHA 39 assurance of anything. It just allows them to seek additional money to cover a consultant 40 with Council approval. 41 42 Browne reported the concerns of the Finance and Administrative Services Committee 43 being that the contract is open -ended and the money could be rapidly- consumed, allowing 44 for requests for more money. He also has concerns that it doesn't say how much time and 45 money will be spent to ensure the information provided by the Task Force is verified and 46 reliable. Deacon stated it is open -ended because the Task Force has not done much work. 47 The Task Force is a diverse group with many opinions and levels of expertise. It's up to the 48 Chairs and Task Force to work with the facilitator on direction. Making the contract too 49 prescriptive doesn't allow the Task Force to be fluid. There has to be a balance. They also 50 did background work and created the Gantt chart for the different phases required by the 51 ordinance. They also worked on the approximate number of hours to be spent on those 52 activities that area listed. Much of the background work has been done, but she didn't put Regular County Council Meeting, 10/27/2015, Page 6 1 it into the contract, because it would be very prescriptive, and it would have to be amended 2 every time the Task Force went into a different direction. 3 4 Brenner stated she feels strongly that this group must be able to come up with 5 things that people can agree on. She's concerned that it's really open- ended. She doesn't 6 want them to think they can spend the money and come to the Council for more. Deacon 7 stated they don't think that way. There is a clear expectation. That's why the tasks were 8 outlined and the hours required to accomplish the goals are budgeted. The facilitator knows 9 they can't come back and ask for more money for their work. This is the amount they get, 10 and they still have to bill it as work is done. They don't automatically get the money. 11 12 Brenner asked if the Task Force approves things by majority or consensus. 13 14 Mann stated they approve votes by majority. He doesn't know what process there is 15 for the Task Force to hire extra help. He assumes the Task Force would have to approve 16 such a request, so there is one layer of approval that prevents WAHA from hiring a 17 contractor without approval. He's aware of the costs. The Executive's designee is also on 18 the Task Force. The Task Force won't burn through a bunch of consultants. 19 20 Brenner stated that she voted to appoint people on the Task Force based on their 21 expertise. Item 16 was a surprise. Hiring an expert consultant isn't necessary given the 22 wealth of expertise on the Task Force. Deacon stated she cannot think of an expert 23 consultant they need at this time. There may be something that comes up that they simply 24 know nothing about, but the Health Department has done significant research on all the 25 behavioral health best practices. The Prosecuting Attorney's Office and Public Defender's 26 Office have looked at many other legal issues. It's really a matter for the Task Force to 27 start looking at those in a sequential way to determine what they can implement, what 28 makes sense, and what it would cost. 29 30 Kremen stated he is concerned about the process of bringing forward a contract that 31 has already been signed by the contractor, which may allow the contractor to hire 32 consultants. Leaving it in the contract gives the impression to that group that the Council 33 has approved them hiring more consultants. They should instead try to avert consultant 34 costs. Deacon stated it is standard practice to have the contractor sign the contracts before 35 they come forward. The County still administers the contract. If they determine that a 36 consultant isn't needed, the contractor can't hire a consultant. 37 38 Kremen stated he will reluctantly support the contract and move forward since Ms. 39 Deacon oversees the contract. 40 41 Weimer stated the level of detail in the information that Ms. Deacon sent in 42 preparing the contract satisfies his concerns. He has a lot of trust in Ms. Deacon and 43 WAHA. He moved to approve the contract as it is presented in the Council packet. The 44 motion was seconded. 45 46 Browne stated he will support the motion. There are two minor issues. First, the 47 fact that it is signed by the other party should not be an impediment to the Council from 48 changing it. That is just a convenience. He expects that any party understands it is still 49 subject to Council approval, and it may come back with amendments, which they can accept 50 or reject. Second, they have now hired their second or third facilitator for groups. If they 51 are going to do this on an ongoing basis, it should be an in -house position. It would be 52 much more cost - efficient. 53 Regular County Council Meeting, 10/27/2015, Page 7 1 Brenner stated she also trusts the Task Force, but the language doesen't feel right. 2 She will support the motion. 3 4 The motion carried by the following vote: 5 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6) 6 Nays: None (0) 7 Absent: Sidhu (1) 8 9 10 OTHER ITEMS 11 12 1. ORDINANCE AMENDING THE 2015 WHATCOM COUNTY BUDGET, ELEVENTH 13 REQUEST, IN THE AMOUNT OF $208,657 (AB2015 -308) 14 15 Browne reported for the Finance and Administrative Services Committee and 16 moved to adopt the ordinance. 17 18 The motion carried by the following vote: 19 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6) 20 Nays: None (0) 21 Absent: Sidhu (1) 22 23 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN 24 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM 25 COUNTY FLOOD CONTROL ZONE DISTRICT (WCFCZD) AND SUBZONES TO 26 CLARIFY THAT THE WCFCZD WILL ADOPT BUDGETS ANNUALLY, AS 27 REQUIRED BY STATE LAW (AB2015 -311) 28 29 (Council acting as the Whatcom County Flood Control Zone District Board of 30 Supervisors.) 31 32 Browne reported for the Finance and Administrative Services Committee and 33 moved to approve the request. 34 35 The motion carried by the following vote: 36 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (6) 37 Nays: None (0) 38 Absent: Sidhu (1) 39 40 3. REQUEST APPROVAL OF TWO ONE -YEAR EXTENSIONS FOR FINAL APPROVAL 41 OF THE MONTEREY HEIGHTS LONG SUBDIVISION AND PLANNED UNIT 42 DEVELOPMENT (AB2015 -122) 43 44 Mann reported for the Planning and Development Committee and moved to 45 approve the request. 46 47 The motion carried by the following vote: 48 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6) 49 Nays: None (0) 50 Absent: Sidhu (1) 51 52 Regular County Council Meeting, 10/27/2015, Page 8 1 4. RESOLUTION REQUESTING THE COUNTY EXECUTIVE DEVELOP 2 SPREADSHEET MODELS TO MAKE IT EASIER FOR THE WHATCOM COUNTY 3 COUNCIL, THE CITY OF BELLINGHAM, AND OTHER INTERESTED PARTIES TO 4 UNDERSTAND THE IMPACTS OF THE VARIOUS PROPOSALS RELATED TO A 5 NEW LONG TERM ]AIL FACILITY USE AGREEMENT (]FUA) (AB2015 -295) 6 7 Browne stated his intent is to address a couple of key questions and to eliminate any 8 misunderstandings or concerns that people were working with different numbers. 9 10 Brenner stated she doesn't support the resolution. The timing is not good. Wait 11 until after the election. They've already approved an option that is on the ballot. 12 13 Browne stated this does not propose other options. In the process of listening to 14 the discussions and attending the City of Bellingham meetings to listen to the public 15 hearings, it became clear there are areas of misunderstanding on three key points. The first 16 is the City of Bellingham's actual use of the jail. The second is the impact of the City's 17 proposed financing options. The third point is about the assumptions used to determine the 18 size of the jail. The point of this resolution is simply to capture all the data, put it into a 19 model, and to allow someone to easily see the impacts of model variations. Two people 20 with opposing views can immediately see answers to their questions. Such a spreadsheet 21 allows that analysis as they're having the discussion. He doesn't propose a different jail 22 size, financing model, or jail use formula. He's simply trying to give everyone the tool 23 necessary so that everyone has the same knowledge and understanding. When considering 24 different scenarios, it will be easy to understand the impacts. He moved to approve the 25 resolution. The motion was seconded. 26 27 Kremen stated this proposal may be valid, but is premature. Wait on the outcome of 28 the election. It may not be necessary. The election will tell them much about how to go 29 forward. 30 31 Browne stated these are simply tools to bring people to a common understanding of 32 the impact of various things, such as the City's actual use of the jail. Until the parties 33 agree, it's difficult for the Bellingham City Council to agree to the County's proposals. The 34 City wanted a different jail financing model, and they must know that impact. He respects 35 that they will understand the voters' appetite for the current ballot proposal in a week. If 36 they all believe they will build a new jail at some point, these questions have to be 37 answered. 38 39 Brenner stated no one is saying they shouldn't be answered at some point. Leave 40 the work that has been done alone until after the election. It sends the wrong message. 41 It's time for the Council to stay out of it until after the election. 42 43 Weimer stated he supports the motion. He's heard the same concerns from the City 44 of Bellingham. A variety of people are not communicating. He also shares concerns that 45 the timing may be off, but they also passed a resolution saying they want to continue 46 talking with the City of Bellingham regardless of the outcome of the vote. If passed, they 47 need clarity on the numbers. If the ballot measure doesn't pass, the model may have to be 48 different. Passing the resolution would put the City on notice that the County wants a 49 mathematical model that can be changed to provide clarity on basic facts. 50 51 52 53 Regular County Council Meeting, 10/27/2015, Page 9 1 The motion carried by the following vote: 2 Ayes: Mann, Browne, Buchanan, Weimer (4) 3 Nays: Brenner and Kremen (2) 4 Absent: Sidhu (1) 5 6 7 S. RESOLUTION ESTABLISHING REGULAR COUNTY COUNCIL MEETING DATES 8 FOR 2016 (AB2015 -320) 9 10 Mann moved to approve the resolution. The motion was seconded. 11 12 Brenner stated this is not in the public interest to not have a more specific schedule. 13 There would be more public participation if they designated the first and third or the second 14 and fourth Tuesdays of the month, if not weekly. 15 16 Mann asked if the Council Office gets feedback from the other departments to 17 change the dates. 18 19 Dana Brown - Davis, Clerk of the Council, stated they avoid election day. 20 21 Mann stated he would like to reschedule the summer break. Brown -Davis stated the 22 County staff began taking a break in August so the department staff could prepare the 23 budget during those last few weeks in August. 24 25 The motion carried by the following vote: 26 Ayes: Mann, Browne, Buchanan, Weimer and Kremen (5) 27 Nays: Brenner (1) 28 Absent: Sidhu (1) 29 30 31 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 32 33 1. NOMINATION AND APPOINTMENT TO THE WHATCOM COUNTY FLOOD 34 CONTROL ZONE DISTRICT ADVISORY COMMITTEE - GEOGRAPHIC AREAS 35 REPRESENTATIVE, APPLICANT: FRED "SONNY" KUNCHICK (AB2015 -296) 36 37 (Council acting as the Whatcom County Flood Control Zone District Board of 38 Supervisors.) 39 40 Browne moved to appoint Fred "Sonny" Kunchick. The motion was seconded. 41 42 The motion carried by the following vote: 43 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6) 44 Nays: None (0) 45 Absent: Sidhu (1) 46 47 2.. NOMINATION AND APPOINTMENT TO FILL VACANCIES ON THE WILDLIFE 48 ADVISORY COMMITTEE - APPLICANT(S): CHRISTOPHER KAZIMER, WENDY 49 HARRIS, PAUL WOODCOCK, GUY OCCHIOGROSSo, CRAIG BROWN (AB2015- 50 175A) 51 52 Brenner stated the current seven technical members should review the applicants 53 and make recommendations on whom to appoint. Regular County Council Meeting, 10/27/2015, Page 10 Browne stated he will read a statement into the record, because he was questioned on his position on the wildlife committee: BROWNE: True sustainability is best achievable when something meets the test of equal environmental, economic and political sustainability. There is no greater goal I seek than stable sustainability - not the raucous tug -of -war where business wins one, then enviro's the next and so on and so on. If Whatcom County is to be better we have to move past the constant "we vs. they" mentality which is now what unfortunately defines sustainability efforts. We need people on boards and commissions from a cross section of interests who historically have had competing interests. It produces better recommendations, which are more likely to receive broad community support, and survive as legislative control flips back and forth between conservatives and progressives. It takes courage to work together with mixed interests on committees like the wildlife committee we are now creating. I am not looking for appointees who will yell the loudest. rather I prefer committee members who will listen the longest and educate their colleagues about the others' concerns. As a councilmember, I am looking for community plans that can attract broad support. My ideal committee is one where say members focused on environmental concerns and members focused on affordable housing will be able to join together to present a common vision to the Council on how to solve a problem. The vision needs to include a solution to having more affordable housing in an appropriate area, which enhances our environment and provides great places for our kids to play. Environmental, economical, and political sustainability. Anyone who tips the scale in any one direction limits the chances of any stable sustainability and wastes the time and energy of all, with little potential for the committees work to go anywhere. Browne stated he approached working on the Wildlife Advisory Committee with this philosophy. He was very strong and adamant that he wanted the committee to have a mix of professionally- trained people with environmental credentials, which they have achieved. They were fortunate that more than seven people applied for the seven positions. When discussing the formation of this committee, the idea was to fill the other four positions with people who would be directly impacted and may be normally considered as oppositional to efforts to put controls on land use and protection for wildlife and habitat. Two of the five applicants tonight meet the second criteria he seeks, which are Guy Occhiogrosso and Christopher Kazimer. He would like to support these two applicants and continue to look for two more who meet the criteria of being able to represent the interests of the development or construction industries. He wants those people to join the committee and work with the environmental interests to provide a recommendation everyone can live with. He moved to nominate and appoint Guy Occhiogrosso and Christopher Kazimer and continue seeking applicants for the remaining two positions. Kremen seconded the motion. Regular County Council Meeting, 10/27/2015, Page 11 1 Mann stated he's concerned about picking and choosing through the applicants with 2 the hope someone better will come along. It's difficult to get people to apply for these 3 committees in the first place. All the applicants seem like good, smart, and accomplished 4 people. He would be happy to vote for four tonight. 5 6 Buchanan stated that in consideration of Councilmember Brenner's idea of having the 7 existing committee members look at the applications and make recommendations, there is 8 still room to add people to the advisory committee if they desire. He would put all five 9 applicants to the current advisory committee members for their consideration, if that's the 10 direction the Council wants to go. Otherwise, there is no reason to go that direction. 11 12 Browne stated he's not looking for better applicants. They have five great 13 applicants. He's looking for people who meet the specific criteria of the other four positions, 14 which was that they represent the economic interests impacted by the decisions of this 15 committee. The other option is to ask the current committee members for their 16 recommendations, leave it open for other people to apply, and deal with it in a couple of 17 weeks. The original process discussed for the advisory committee is to not appoint these 18 four people until six months after the technical committee has been meeting. There is no 19 urgency to appoint these four positions. 20 21 Weimer stated the Council included a sunset date on the committee. If they wait six 22 months, these positions will be appointed when the committee only has two months left to 23 operate. 24 25 Browne stated this committee should be permanent. 26 27 Weimer stated he is prepared to vote for four people. 28 29 Kremen withdrew his second to Councilmember Browne's motion. Move forward 30 now and select four applicants. 31 32 Browne withdrew his motion. 33 34 Mann nominated all rive applicants. Buchanan seconded the nomination. 35 36 Weimer stated he's known Paul Woodcock for years. He was a supervisor for the 37 Whatcom Transit Authority (WTA) for years until he retired. He's been active leading bird 38 trips. He can't think of anyone else who has been involved in both sides and who really 39 enjoys wildlife and gets along with everyone. 40 41 Browne stated he would only vote for two. He voted for Occhiogrosso and Kazimer. 42 43 Buchanan voted for Brown, Kazimer, Occhiogrosso, and Woodcock. 44 45 Mann voted for Harris, Kazimer, Occhiogrosso, and Woodcock. 46 47 Weimer voted for Harris, Kazimer, Occhiogrosso, and Woodcock. 48 49 Brenner voted for Harris, Kazimer, Occhiogrosso, and Woodcock. 50 51 Kremen voted for Harris, Kazimer, Occhiogrosso, and Woodcock. 52 53 The Council appointed Harris, Kazimer, Occhiogrosso, and Woodcock. Regular County Council Meeting, 10/27/2015, Page 12 1 2 Browne stated he thanks all who applied. They all are fine people. He always 3 appreciates people willing to serve on volunteer boards and committees. 4 5 6 INTRODUCTION ITEMS 7 8 Brenner moved to accept Introduction Items one through six, including substitute 9 pages for Introduction Items one and six. The motion was seconded. 10 11 The motion carried by the following vote: 12 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6) 13 Nays: None (0) 14 Absent: Sidhu (1) 15 16 1. RESOLUTION APPROVING THE WHATCOM COUNTY 2016 ANNUAL 17 CONSTRUCTION PROGRAM (ACP) (AB2015 -305) 18 19 2. RECEIPT OF AN APPEAL OF THE HEARING EXAMINER'S DECISION ON 20 APL2015 -0005 FILED BY JACK SWANSON FOR DALE AND DAWN MARR 21 (AB2015 -279) 22 23 3. ORDINANCE ESTABLISHING THE STORMWATER FUND (AB2015 -317) 24 25 4. RESOLUTION REGARDING WHATCOM COUNTY FLOOD CONTROL ZONE 26 DISTRICT SIX -YEAR WATER RESOURCES IMPROVEMENT PROGRAM FOR THE 27 YEARS 2016 THROUGH 2021 (AB2015 -318) 28 29 (Council acting as the Whatcom County Flood Control Zone District Board of 30 Supervisors.) 31 32 5. RESOLUTION AMENDING THE BYLAWS OF THE WHATCOM COUNTY FLOOD 33 CONTROL ZONE DISTRICT BOARD OF SUPERVISORS (AB2015 -319) 34 35 (Council acting as the Whatcom County Flood Control Zone District Board of 36 Supervisors.) 37 38 6. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 AND THE 39 WHATCOM COUNTY COMPREHENSIVE PLAN RELATED TO DEVELOPMENT 40 REGULATIONS IN LIMITED AREAS OF MORE INTENSIVE RURAL 41 DEVELOPMENT (LAMIRDS) (AB2015 -085A) 42 43 44 COMMITTEE REPORTS OTHER ITEMS AND COUNCILMEMBER UPDATES 45 46 Buchanan reported for the Natural Resources Committee on the discussion 47 regarding the Aquatic Invasive Species (AIS) Program (AB2015 -324) and on the 48 update on the Pollution Identification and Correction (PIC) Program (AB2015- 49 321). 50 51 Mann reported for the Planning and Development Committee on the discussion 52 regarding the proposed ordinance amending Whatcom County Code Title 20 and Regular County Council Meeting, 10/27/2015, 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 52 53 the Whatcom County Comprehensive Plan related to development regulations in limited areas of more intensive rural development (LAMIRDS) (AB2015- 085A). Mann stated there is not yet a tribal member on the Incarceration Prevention and Reduction Task Force. The Council sent the Tribes letters inviting them to join. He moved for the Council to give him permission to resend the letter to Tim Ballew and Bob Kelley. Browne stated he's talked to Tribal members who have expressed an interest in participating. He's awaiting a response from the Lummi Law and Justice or Lummi Indian Business Council. Weimer stated he's talked to a number of people at the Lummi Nation who are interested. It's a process thing. He's happy to vote to invite them again. Brenner stated they need to send the invitation to the Tribal chairs. It's the proper way to do it. Mann stated that's what the Council did. The letters were originally sent to Bob Kelley, the Chair of Nooksack, and Time Ballew. He doesn't know what happened on their end, but the Council's records show that the letters were sent. Informal feedback he received was a request for the Council to please resend the letter. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6) Nays: None (0) Absent: Sidhu (1) Buchanan stated the Council's new legislative analyst will begin next month. The Council must come up with a list of projects for the staff person. Browne stated a suggestion was to get the staff person to review all the boards and commissions. It will be a good start. The Council doesn't seem to hear from many of the boards and commissions. He would like to set up a schedule for reports and feedback. Weimer stated Councilmember Kremen indicated someone in the Council Office needs to begin organizing the coal port issue that will come before the Council, including having discussions with Tyler Schroeder about the timing and whether the Code needs to be changed to allow the Council more time. Brenner stated she attended an afternoon workshop on community food security. Regarding the discussion regarding the proposed ordinance amending Whatcom County Code Title 20 and the Whatcom County Comprehensive Plan related to development regulations in limited areas of more intensive rural development (LAMIRDS) (AB2015- 085A), it is important to be able to allow larger grocery stores in LAMIRDs, particularly in the east County area. There should be an exception allowed for groceries in that area. The food needs to be nearby and affordable. If the store isn't big enough, the food will be more expensive. Browne stated he agrees. It's also necessary as a component of disaster preparedness to have a large food retail outlet in that area, if the roads become blocked for some reason. The people will become isolated. Regular County Council Meeting, 10/27/2015, 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 Weimer stated he agrees. He suspects it's about the economics of placing a grocery store. They're not going to subsidize a grocery store in the east County. Brenner stated there was an issue of a large store that wanted to locate out there, but wasn't allowed. Browne stated they aren't talking about subsidizing grocery stores. They are simply making sure land use laws allow it. He reported that he attended the Nooksack Salmon Enhancement Association (NSEA) open house. He thanks the efforts of all the volunteers. Brenner stated she also attended the open house for NSEA. It's a wonderful new location. ADJOURN The meeting adjourned at 9:46 p.m. The County Council approved these minutes on February 9, 2016. ATTEST- • C 0� •• f . a r+ Dana Brown- bavis, Gounc Clerk ,'r,rras Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair Regular County Council Meeting, 10/27/2015, Page 15