HomeMy WebLinkAboutCouncil December 9 20141
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WHATCOM COUNTY COUNCIL
Regular County Council
December 9, 2014
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
(7:03:02 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Carl Weimer, Pete Kremen,
Rud Browne and Barry Buchanan.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
Weimer announced there was discussion with Senior Deputy Prosecutor
Elizabeth Gallery regarding pending litigation — Gomez v. Whatcom County
(AB2014 -018) in executive session during the Committee of the Whole meeting.
Crawford stated "In Executive Session, the County Council Members have reviewed
the facts of the filed civil complaint in Lawsuit Gabriel Gomez v. named County Defendants
under Federal Cause Number 2:14 -cv- 01829 -3LR. Pursuant to Whatcom County Code 2.56,
section 2.56.030, the County Council does authorize the defense and indemnification of the
officers, officials, agents or employees, and do make the following Findings: 1. The named
defendants were acting in a matter in which the County had an interest. 2. Each defendant
was acting in the discharge of a duty imposed or authorized by law. 3. Each defendant
acting in good faith." He moved to authorize defense as stated.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Weimer also announced there was discussion with Chief Civil Deputy Prosecutor
Daniel Gibson regarding legal issues related to proposed Lake Whatcom TMDL
(AB2014 -018) in executive session during the Committee of the Whole meeting.
Mann moved that Whatcom County continue with the planned commitments to
cleaning up Lake Whatcom and the implementation of the National Pollution Discharge
Elimination System (NPDES) Phase II requirements, and to enter into a dispute resolution
process with the Department of Ecology to provide clarity on issues regarding the total
maximum daily load (TMDL) report.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Whatcom County Council, 12/9/2014, Page 1
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CITIZEN BOARD AND COMMITTEE VACANCIES
Weimer announced that the annual list of all citizen board and commission vacancies
with terms ending January 31, 2015, is now available.
PUBLIC HEARINGS
I. ORDINANCE APPROVING A REZONE REQUEST FOR FIVE ACRES AT THE
INTERSECTION OF SLATER ROAD AND ELDER ROAD FROM NEIGHBORHOOD
COMMERCIAL (NC) TO RURAL GENERAL COMMERCIAL (RGC) (AB2014 -331)
Mann reported for the Finance and Administrative Services Committee and stated the
opponent and proponent have agreed to have a settlement discussion. They would like to
continue the public hearing to January 13.
Weimer opened the public hearing, and the following person spoke:
Jon Sitkin, applicant attorney, stated the applicant agreed with the January 13
meeting plan. The settlement discussion will occur before January 13.
Hearing no one else, Weimer stated the Council leaves the public hearing open until
January 13.
OPEN SESSION
(7:09:40 PM)
The following people spoke:
• Roger Sefzik spoke about marijuana growing in agricultural land.
• Simon Sefzik spoke about marijuana growing in agricultural land.
• Aiden Hollister spoke about marijuana growing in agricultural land.
• Jennifer Sefzik spoke about marijuana farms in residential areas.
• Tom Spiker spoke about marijuana growing in agricultural land.
• Jack Louws, County Executive, spoke about the Whatcom County Parks
William Dietrich Award recently awarded to Councilmember Pete Kremen.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through 29.
Weimer withdrew item 13.
Brenner withdrew item 27.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BELLINGHAM WHATCOM
Whatcom County Council, 12/9/2014, Page 2
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COUNTY TOURISM FOR TOURISM PROMOTION, IN THE AMOUNT OF
$250,000 (AB2014 -407)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND MT. BAKER FOOTHILLS
CHAMBER OF COMMERCE FOR TOURISM PROMOTION, IN THE AMOUNT OF
$61,167 (AB2014 -408)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BIRCH BAY CHAMBER OF
COMMERCE FOR TOURISM PROMOTION, IN THE AMOUNT OF $40,000
(AB2014 -409)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM EVENTS FOR
TOURISM PROMOTION, IN THE AMOUNT OF $35,000 (AB2014 -406)
5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SUSTAINABLE CONNECTIONS
FOR TOURISM PROMOTION, IN THE AMOUNT OF $25,000 (AB2014 -405)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
MASTER AGREEMENT FOR PRODUCTS AND SERVICES BETWEEN WHATCOM
COUNTY AND NORSTAN COMMUNICATIONS, INC. D /B /A BLACK BOX
NETWORK SERVICES (AB2014 -398)
7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND NORSTAN
COMMUNICATIONS, INC. D /B /A/ BLACK BOX NETWORK SERVICES FOR THE
ACQUISITION, IMPLEMENTATION AND MAINTENANCE OF A REPLACEMENT
TELECOMMUNICATIONS SYSTEM, IN THE AMOUNT OF $843,759.29
(AB2014 -399)
8. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND COMGROUP,
INC. FOR SERVICES TO ASSIST WITH IMPLEMENTATION PREPARATION
STEPS FOR A NEW TELECOMMUNICATIONS SYSTEM, IN THE AMOUNT OF
$19,770 (AB2014 -400)
9. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST YOUTH
SERVICES FOR OPERATION OF THE EMERGENCY SHELTER PROGRAM, IN THE
AMOUNT OF $65,000 (AB2014 -401)
10. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL
FOR OPERATION OF TRANSITIONAL HOUSING AND ESSENTIAL NEEDS
ASSISTANCE, IN THE AMOUNT OF $77,951 (AB2014 -402)
11. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL
FOR LEASING SPECIALIST SERVICES, IN THE AMOUNT OF $70,025 (AB2014-
403)
Whatcom County Council, 12/9/2014, Page 3
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12. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND COMPUCOM SYSTEMS, INC.
FOR RENEWAL OF THREE YEAR SOFTWARE MAINTENANCE AGREEMENT, IN
THE AMOUNT OF $134,444.49 PER YEAR (AB2014 -404)
13. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND MICHAEL
BOBBINK LAND USE SERVICES FOR HEARING EXAMINER SERVICES, IN THE
AMOUNT OF $88,783.40, FOR A TOTAL AMENDED CONTRACT IN THE
AMOUNT OF $336,551.60 (AB2014 -381)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Weimer moved to amend Council packet page 557, the scope of work in Exhibit A,
"30.2 Assignment and Subcontracting. The performance of all... authorized in writing by the
County Council in advance. All terms...."
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
The motion to approve as amended carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
14. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF ER &R REPLACEMENT VEHICLES FOR THE SHERIFF'S
DEPARTMENT — SIX MARKED PATROL 2015 FORD POLICE INTERCEPTOR
PUV'S, IN THE AMOUNT OF $204,505.06 (AB2014 -410)
15. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF ER &R REPLACEMENT VEHICLES FOR THE SHERIFF'S
DEPARTMENT — THREE UNMARKED 2015 FORD POLICE INTERCEPTOR PUV'S,
IN THE AMOUNT OF $103,084.27 (AB2014 -411)
16. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF ER &R REPLACEMENT VEHICLES FOR THE SHERIFF'S
DEPARTMENT — TWO 2015 CHEVROLET TAHOE PPVB'S, IN THE AMOUNT OF
$72,000.01 (AB2014 -412)
17. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF ER &R REPLACEMENT VEHICLES FOR THE SHERIFF'S
DEPARTMENT — TWO 2014 FORD POLICE INTERCEPTOR SEDANS, IN THE
AMOUNT OF $62,335.31 (AB2014 -413)
18. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AMENDMENT TO A MEMORANDUM OF AGREEMENT BETWEEN WHATCOM
COUNTY AND WASHINGTON STATE UNIVERSITY TO PROVIDE SALARY AND
SUPPORT TO PROVIDE AN EXTENSION PROGRAM, IN THE AMOUNT OF
$127,745, FOR A TOTAL AMENDED AGREEMENT IN THE AMOUNT OF
$1,266,287.90 (AB2014 -414)
Whatcom County Council, 12/9/2014, Page 4
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19. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
TWO YEAR CONTRACT BETWEEN WHATCOM COUNTY AND THE BELLINGHAM
FOOD BANK TO PROVIDE FOOD TO LOW INCOME PEOPLE IN NEED, IN THE
AMOUNT OF $276,000 (AB2014 -415)
20. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTACT BETWEEN WHATCOM COUNTY AND BENNETT ENGINEERING FOR
LANDFILL MONITORING SERVICES, IN THE AMOUNT OF $33,304 (AB2014-
416)
21. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE
CITY OF BELLINGHAM TO FUND OPERATIONS OF A MENTAL HEALTH COURT
PROGRAM IN BELLINGHAM MUNICIPAL COURT, IN THE AMOUNT OF $32,000
(AB2014 -417)
22. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
RESIDENTIAL LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND JAVIER
LOZANO FOR THE APARTMENT AT THE TENANT LAKE INTERPRETIVE
CENTER, IN THE AMOUNT OF $725 PER MONTH (AB2014 -418)
23. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
BELLINGHAM FOR THE JOINT USAGE OF THE VACTOR WASTE SITE
FACILITY, IN THE AMOUNT OF $50,000 (AB2014 -419)
24. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM HUMANE SOCIETY
FOR ANIMAL CONTROL SERVICES BEGINNING JANUARY 1, 2015, AND
ENDING DECEMBER 31, 2016, IN THE AMOUNT OF $360,707.52 PER YEAR
(AB2014 -420)
25. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF ER &R REPLACEMENT FRONT LOADER, IN THE AMOUNT OF
$147,978.79 (AB2014 -421)
26. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST REGIONAL
COUNCIL FOR THE PROVISION OF NURSING SERVICES FOR JAIL INMATES,
IN THE AMOUNT OF $1,082,800 (AB2014 -422)
27. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST REGIONAL
COUNCIL FOR THE PROVISION OF MEALS ON WHEELS PROGRAM
BEGINNING JANUARY 1, 2015, AND ENDING DECEMBER 31, 2016, IN THE
AMOUNT OF $40,000 PER YEAR (AB2014 -423)
Brenner stated this looked good when the Council went through the budget. The
administration pointed out that they increased money for the meals -on- wheels program.
However, this increase won't take care of the increased need. This increase only restores
the amount to a previous level. The Northwest Regional Council lost funding at the federal
level. The County has decreased money for other social services programs.
Whatcom County Council, 12/9/2014, Page 5
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Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Brenner moved to amend to increase the contract to $60,000 per year instead of
$40,0000 per year.
Weimer stated this is a contract, not a budget amendment. He asked if the Council
has the ability to amend the amount in a contract, since it already voted for the budget
amount.
Brenner stated the Council can. That's why these items come to the Council.
Browne stated he shares Councilmember Weimer's concern. He's sympathetic to the
problem, but he would like to hear from the Northwest Regional Council about what their
exact need is, rather than just guess.
Crawford stated the County traditionally funded this program in the amount of
$10,000 through 2013. The funding that Councilmember Brenner is talking about was
backfilled by the Council in 2014 to $40,000. The Council continued to approve that
$40,000. The County is already replacing the federal money that the Northwest Regional
Council lost. He doesn't see any request or explanation from the program. The Meals -on-
Wheels program scope of work specifically talks about the need for $40,000 per year, and
that amount is what the Council provided.
Brenner stated that's the amount the program was told they could have, so that's
what they asked for. That would only keep the level of service provided for many years, but
the need has grown. He made motions in other areas in the budget. She was told the
County increased funding for Meals -on- Wheels, which would take care of the needs, but it
won't take care of the needs.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Browne, Buchanan, Weimer and Kremen (6)
Kremen stated the County Council has increased by four -fold the amount of money
for the Meals -on- Wheels program. The County backfilled the amount the federal money
stopped providing. He's proud that the County chose to replace those funds. He wishes the
County financial position was such that they could provide more funding for the Meals -on-
Wheels program and many other worthwhile programs in the community. That's not the
case.
Brenner stated she agrees with Councilmember Kremen. However, the Executive's
budget comment indicated the County was in a good financial state. The least they can do
is care for people with increased needs. Meals -on- Wheels program recipients can't get out
to the food bank. The County should fulfill those extra needs. This is little compared to
other major expenses.
The motion to approve the request carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Whatcom County Council, 12/9/2014, Page 6
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28. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE VOLUNTEER CENTER OF
WHATCOM COUNTY TO PROVIDE SUPPORT SERVICES TO VOLUNTEER
COORDINATORS AND VOLUNTEERS BEGINNING JANUARY 1, 2015, AND
ENDING DECEMBER 31, 2016, IN THE AMOUNT OF $30,000 PER YEAR
(AB2014 -424)
29. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND DR. STEWART
ANDREWS, MD, FOR PHYSICIAN SERVICES AT THE WHATCOM COUNTY JAIL
AND WHATCOM COUNTY INTERIM WORK CENTER (AB2014 -429)
OTHER ITEMS
1. RESOLUTION REQUESTING THAT THE WHATCOM COUNTY AUDITOR
INCLUDE THE QUESTION OF ANNEXATION OF THE CITY OF EVERSON INTO
FIRE DISTRICT #1 ON THE BALLOT AT THE NEXT SPECIAL ELECTION
(AB2014 -385)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the resolution.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
2. RESOLUTION REQUESTING THAT THE WHATCOM COUNTY AUDITOR
INCLUDE THE QUESTION OF ANNEXATION OF THE CITY OF NOOKSACK INTO
FIRE DISTRICT #1 ON THE BALLOT AT THE NEXT SPECIAL ELECTION
(AB2014 -386)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the resolution.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
3. RESOLUTION REQUESTING THAT THE WHATCOM COUNTY AUDITOR
INCLUDE THE QUESTION OF ANNEXATION OF THE CITY OF FERNDALE INTO
FIRE DISTRICT #7 ON THE BALLOT AT THE NEXT SPECIAL ELECTION
(AB2014 -395)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the resolution.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
4. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET,
NINETEENTH REQUEST, IN THE AMOUNT OF $141,223 (AB2014 -382)
(7:35:48 PM)
Whatcom County Council, 12/9/2014, Page 7
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Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
5. RESOLUTION APPROVING A SALARY SCHEDULE AND POLICIES FOR
UNREPRESENTED WHATCOM COUNTY EMPLOYEES, EFFECTIVE JANUARY 1,
2015, THROUGH DECEMBER 31, 2016 (AB2014 -388)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the resolution.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
6. REQUEST COUNCIL APPROVAL FOR THE COUNCIL CHAIR TO SIGN A JOINT
LETTER WITH THE COUNTY EXECUTIVE THAT WILL BE SENT TO
LANDOWNERS AS PART OF THE POLLUTION IDENTIFICATION AND
CORRECTION PROGRAM (PIC) COMMUNITY OUTREACH TO INTRODUCE THE
PROGRAM AND EXPLAIN AVAILABLE RESOURCES (AB2014 -394) (7:37:03 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Brenner moved to amend the fourth paragraph, °If you have livestock or a septic
system you ntay have legal responsibilities to ensure that you are not polluting our area
waters. You can learn more about...." It's not optional, it's a requirement. People are
smart enough to understand facts. It's not disrespectful to the public to let them know they
have responsibilities to ensure they aren't polluting area waters.
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6)
Nays: Crawford (1)
The motion to approve as amended carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
7. REQUEST COUNCIL APPROVAL OF PROPOSED LODGING TAX FUNDING FOR
2015 AS RECOMMENDED BY THE LODGING TAX ADVISORY COMMITTEE
(AB2014 -427)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the resolution.
Kremen stated the money is spent entirely to promote local tourism, which is a good
thing. Those are clean dollars bringing a lot of revenue into the community without the
corresponding amount of services normally required with that kind of revenue generation.
These taxes are well -spent and well- invested.
Whatcom County Council, 12/9/2014, Page 8
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Brenner stated the businesses that pay this tax are on the committee that made
these recommendations.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
8. ORDINANGE RESOLUTION AMENDING THE 2014 WHATCOM COUNTY FLOOD
CONTROL ZONE DISTRICT AND SUBZONES BUDGET, FIFTH REQUEST, IN THE
AMOUNT OF $70,000 (AB2014 -383)
Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the resolution.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
9. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND LARRY STEELE AND
ASSOCIATES, INC. FOR ON -CALL PROFESSIONAL LAND SURVEYING
SERVICES, IN THE AMOUNT OF $150,000 (AB2014 -389) (7:42:34 PM)
Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.
Crawford reported for the Finance and Administrative Services Committee and
moved that the Board of Supervisors approve the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Council acting as the County Council.
Crawford moved that the County Council approve the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
10. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE
DEPARTMENT OF ECOLOGY FOR WASHINGTON CONSERVATION CORPS
CREW SPONSORSHIP, IN THE AMOUNT OF $60,000 (AB2014 -390) (7:43:49
PM)
Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.
Whatcom County Council, 12/9/2014, Page 9
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Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
11. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE
DEPARTMENT OF ECOLOGY FOR DESIGN AND CONSTRUCTION OF THE
DEMING LEVEE UPSTREAM IMPROVEMENT PLAN, IN THE AMOUNT OF
$1,440,000 (AB2014 -391) (7:44:19 PM)
Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
12. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM
CONSERVATION DISTRICT FOR NON -DAIRY LIVESTOCK TECHNICAL
ASSISTANCE AS A COMPONENT OF THE WHATCOM COUNTY POLLUTION
IDENTIFICATION AND CORRECTION PROGRAM (AB2014 -392) (7:44:36 PM)
Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request, including the replacement page submitted earlier.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
13. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM
CONSERVATION DISTRICT FOR LIVESTOCK BEST MANAGEMENT PRACTICES
OUTREACH AND FINANCIAL ASSISTANCE AS PART OF THE POLLUTION
IDENTIFICATION AND CORRECTION PROGRAM (AB2014 -393) (7:45:46 PM)
Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.
Crawford reported for the Finance and Administrative Services Committee and
moved that the Board of Supervisors approve the request.
The motion carried by the following vote:
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Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
14. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE STATE OF
WASHINGTON DEPARTMENT OF HEALTH TO SUPPORT THE POLLUTION
IDENTIFICATION AND CORRECTION PROGRAM, IN THE AMOUNT OF
$300,000 (AB2014 -396) (7 :46 :26 PM)
Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.
Crawford reported for the Finance and Administrative Services Committee and
moved that the Board of Supervisors approve the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
15. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND KULSHAN
SERVICES, LLC, FOR CONSULTING SERVICES TO IMPLEMENT A
STAKEHOLDER INVOLVEMENT PROCESS AND FACILITATE STAKEHOLDER
MEETINGS FOR THE DEVELOPMENT OF A SYSTEM -WIDE IMPROVEMENT
FRAMEWORK FOR THE NOOKSACK RIVER LEVEE SYSTEM, IN THE AMOUNT
OF $33,000, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF
$74,460 (AB2014 -397) (7 :47 :00 PM)
Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.
Crawford reported for the Finance and Administrative Services Committee and
moved that the Board of Supervisors approve the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
16. ORDINANCE GRANTING PUBLIC UTILITY DISTRICT NO. 1 OF WHATCOM
COUNTY, A WASHINGTON MUNICIPAL CORPORATION, A FRANCHISE AND
THE RIGHT, PRIVILEGE, AND AUTHORITY THEREUNDER TO LOCATE, SET,
ERECT, LAY, CONSTRUCT, EXTEND, SUPPORT, ATTACH, CONNECT,
MAINTAIN, REPAIR, REPLACE, ENLARGE, OPERATE AND USE FACILITIES IN,
UPON, OVER, UNDER, ALONG, ACROSS AND THROUGH THE FRANCHISE AREA
TO ALLOW FOR THE PROVISION OF WATER SERVICES (AB2014 -180)
Browne stated he would like an explanation of how this agreement changes the
Council's control over delivery of water service in the county.
Jon Sitkin, Public Utility District (PUD) 1 attorney, stated the franchise does not
change the County control over the water service from the districts. The PUD can't
mandate that anyone hook up to their water service. Water purveyors in Whatcom County
must have a water system plan and a designated service area. The County must approve
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that plan and area through its Coordinated Water System Plan. The PUD retail service areas
are in the Grandview and Cherry Point areas. The PUD can't provide retail water service
outside of its County- designated service area. The PUD is able to provide water on a
wholesale basis to existing purveyors countywide. The PUD can't provide water service to
individual customers within another purveyor's service area. This franchise allows the PUD
to construct facilities. It does not allow the PUD to provide service to retail customers. The
PUD has not and does not plan to extend its utilities throughout the county. Customers
may seek it, but it's often cost - prohibitive. When necessary, the PUD can administer
projects, develop a facility, and lease the facility back to a water association, which can then
provide service to address public health issues.
Brenner referenced Council packet page 796 and read from the franchise agreement,
which says that the PUD can build facilities throughout the entire county. The agreement
gives a lot of influence to the PUD on issues that should remain County issues. The process
now isn't broken. The County has allowed the PUD to get these franchises in areas to
serve. The agreement includes a right to eminent domain and also obligates the County to
pay the costs for increasing, expanding, or changing roadways if they interfere with the PUD
water lines. She would like clarification of these issues. The Coordinated Water System
Plan Committee should review this agreement.
Sitkin stated the language used in the agreement is the same language used in the
PUD electrical franchise and that the County has used with various countywide telecomm
agreements. The PUD used that same language. It doesn't change where the PUD can
provide water. The PUD can't build these facilities unless the County Engineer approves the
facilities. The PUD can't provide water to a retail customer or to a wholesale customer
without a request.
Jack Louws, County Executive, stated he appreciates the PUD working with the water
associations on the nitrate issue in north Whatcom County. Whatcom County has a
challenge with water systems, because the County must assume the responsibility of
systems if those systems aren't run correctly or fail. Having a countywide partner run by
elected officials and managed appropriately to help solve these issues is a benefit. It could
benefit the County in the future if the PUD can help these systems fix some of their water
quality issues using their existing water rights.
Browne stated the PUD draws water a mile from the intertidal zone on the Nooksack
River. By doing so, the PUD improves instream flows. It takes the freshwater just before it
enters the saltwater. Otherwise, the water would have to be taken farther upstream or out
of the groundwater. He supports the PUD being a wholesale water supplier to the retail
purveyors.
Brenner stated have a discussion with the other purveyors. The County doesn't have
to approve a broad agreement for the PUD to help others with their water problems. She
objects to the way this agreement is written, because it gives the PUD a lot of power that
the County should maintain, especially regarding eminent domain and cost liability. Hold
this item in Council for more discussion.
(8:00:01 PM)
Weimer asked why they would franchise entire county rather than come forward
each time there is a project. The PUD wouldn't have any trouble getting approval to solve
problems for health reasons. Sitkin stated if there are several franchises, each for a
different project, there will be many different franchise terms. It's difficult to keep track of
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all those franchise terms, which can last 25 years. The people who initially manage them
are gone, and a franchise can expire. They've seen that happen with three franchises that
have expired. A countywide agreement prohibits a lapse in franchises and allows
administrative efficiencies for both entities. The County can still have a process and be
involved in franchise approval. This is a nonexclusive franchise. Other water purveyors
don't prevent anyone from seeking a similar franchise. The PUD is not opposed to other
purveyors wanting a franchise. It's not a competition. Only the Port, the County, and the
PUD are able to solve public health issues with water districts. Only the PUD has historically
developed the projects to connect and provide facilities that alleviate public health concerns.
This allows the PUD to continue to do that with a more efficient countywide process.
Crawford moved to adopt the ordinance.
Brenner stated language in the agreement says people have to pay the PUD a fee if
they want their lines in the same easement as the PUD lines. Sitkin stated that language
applies to all franchises. If an entity wants to relocate a facility, they have to pay for the
relocation and the facility owner has to consent to the relocation. Because of the high
pressure water lines, they can't be forced to relocate those high pressure water lines unless
there's no reasonable engineering alternative. It would be very expensive for the refineries
to relocate those lines.
Brenner stated that turns the County Engineer into a politician. The Council should
make that decision. She doesn't want to give Council authority to the County Engineer.
There's no comparison with electric and cable franchise services. Water is about
development. If the water lines are extended in areas where the County doesn't want
development, there would be pressure to allow development. She moved to hold in Council
to the next meeting.
The motion to hold in Council failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Browne, Buchanan, Weimer and Kremen (6)
Brenner stated the agreement gives the PUD the power of eminent domain. Sitkin
stated the PUD has eminent domain power today. He doesn't know how that would be
exercised.
Mann stated the eminent domain power is only for County -owned property. The PUD
can't exercise eminent domain on other property.
Browne stated the electric and communication utilities may have similar eminent
domain powers.
Weimer stated all the private pipelines in Whatcom County have eminent domain.
The motion to adopt carried by the following vote:
Ayes: Mann, Crawford, Browne, Buchanan, Weimer and Kremen (6)
Nays: Brenner (1)
17. APPROVAL OF SPECIAL "STANDING" COUNCIL MEETING DATES FOR 2015
(AB2015 -430)
Crawford moved to approve the schedule.
Whatcom County Council, 12/9/2014, Page 13
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The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
I. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
LORI JUMP TO THE WHATCOM COUNTY LIBRARY SYSTEM BOARD (AB2014-
425)
Browne moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
INTRODUCTION ITEMS
1. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 AND THE
COMPREHENSIVE PLAN REGARDING SURFACE MINE PERMITTING, THE
MINERAL RESOURCE LANDS DESIGNATION PROCESS, AND MINERAL
RESOURCE LANDS DESIGNATION CRITERIA (AB2014 -344)
Buchanan reported for the Natural Resources Committee and stated this item was
held in committee.
2. RECEIPT OF AN APPEAL OF THE HEARING EXAMINER'S DECISION ON APL
2012 -0019 AND APL 2012 -0020, FILED BY DAVID COTTINGHAM REGARDING
PLANNING & DEVELOPMENT SERVICES DETERMINATION TO GRANT FINAL
OCCUPANCY TO THE BUILDING PERMIT, SFR2006 -00683 (AB2014 -387)
This item was withdrawn from the agenda.
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Buchanan reported for the Natural Resources Committee on the discussion of
proposal to send a letter to the Army Corp of Engineers regarding the Puget Sound
Nearshore Ecosystem Restoration Project (PSNERP) (AB2014 -428) and moved to
approve the substitute letter as amended in committee.
Brenner moved to amend to add the following sentence anywhere in the letter, "We
highly value and support protecting currently productive agriculture land."
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
The motion to approve and send the substitute letter as amended carried by the
following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
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Brenner reported for Public Works, Health, and Safety Committee on the discussion
regarding proposed recommendations of the Lummi Island Ferry Advisory
Committee to modify select ferry rates (AB2014 -426). They hope to move forward in
February 2015.
She also reported on a recent forum she attended on addiction. Everyone made a
commitment, and will work on committees and issues that the government doesn't always
address. She also attended a presentation on National AIDS Day.
Crawford thanked everyone for working well together and wishes all a happy holiday.
Kremen reported that he praises Puget Sound Energy for a fast response to restore
power last month. Also, Whatcom County government goes out of its way to encourage
public participation. That makes for good government. Holiday greetings and Merry
Christmas to all.
Brenner reported she wishes everyone a very happy holiday.
Weimer reported that this is the last Council meeting this year. The Council won't be
back until January 13, 2015. There are many advisory board and committee vacancies. He
wishes everyone a happy holiday.
Buchanan reported he also thanks Puget Sound Energy for restoring power quickly in
his area. He also agrees with Councilmember Crawford about what a great group this is to
work with. The administration did a wonderful job on the budget this year. He wishes all a
great holiday.
Browne reported that he thanks all for the time and consideration given to him to
help him in his first year of this new job. He wishes everyone a happy holiday.
ADJOURN
The meeting adjourned at 8:27 p.m.
The Council approved these minutes on January 27, 2015.
ATTEST:
Dana Brown - Davis, Council Clerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Whatcom County Council, 12/9/2014, Page 15