WHATCOM COUNTY COUNCIL Regular County Council. August 9, 2011

Transcription

1 CALL TO ORDER (:00: PM) WHATCOM COUNTY COUNCIL Regular County Council August, Council Chair Sam Crawford called the meeting to order at :00 p.m. in the Council Chambers, 1 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Absent: FLAG SALUTE ANNOUNCEMENTS (:0:1 PM) Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken Mann, Tony Larson and Carl Weimer None Crawford announced there was a presentation of the final report and recommendations of the Lummi Island Ferry Task Force (AB-1) during the Special Committee of the Whole meeting. MINUTES CONSENT Weimer moved to approve Minutes Consent items one through three. Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner () 1. SPECIAL COMMITTEE OF THE WHOLE FOR JULY 1,. SPECIAL COMMITTEE OF THE WHOLE FOR JULY 1,. COMMITTEE OF THE WHOLE FOR JULY, PUBLIC HEARINGS 1. ORDINANCE FINALIZING A REVISED SYSTEM OF ASSESSMENT FOR DEMING DIKING DISTRICT NO. (AB-) Crawford opened the public hearing and, hearing no one, closed the public hearing. Whatcom County Council, //, Page 1

2 Brenner moved to adopt the ordinance. According to the District s Commissioners, the new system is very equitable. Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (). ORDINANCE AMENDING THE WHATCOM COUNTY CODE TO ESTABLISH THE WHATCOM COUNTY VETERANS ASSISTANCE PROGRAM (AB-) Ann Deacon, Health Department, stated the County Code allows the County to assign a small percentage of the property tax millage to veterans. They have established the Veterans Assistance Fund, which provides a regular amount of income annually, including a reserve. The Veterans Advisory Board has reviewed and approve the Comprehensive Strategic Plan. The Health Department has a plan to implement these services and hired a veteran specialist staff person. The County needs the Veterans Assistance Program for returning veterans who find it difficult to find employment. The fund will provide temporary financial assistance to indigent veterans. She described the new programs, including housing homeless veterans, providing case management services, connecting veterans with the appropriate services, and providing legal assistance. The program will provide reentry services to veterans who are released from jail. Another program will help veterans reenter civilian life. They held a statewide regional housing summit for veterans and established a new veterans service office in the Health Department on Gerard Street. She introduced the County s new veteran specialist. Liz Bertowski, Health Department, stated she hopes to help veterans successfully return to the community. She hopes to provide behavioral health services, training opportunities and burial services. Make the office a safe place for all veterans. Pete Kremen, County Executive, stated he thanks Ann Deacon, Liz Bertowski, and all the members of the Veterans Advisory Board for enhancing veterans programs. Whatcom County serves its veterans better than any other county in the State. (:1: PM) Crawford opened the public hearing and the following people spoke: Gary Lysne, Veterans Advisory Board Chair, stated the Board couldn t be happier about this partnership with the Health Department. The Health Department has far exceeded the Board s expectations. Ed Simmers stated he is a veteran, military retiree, and Veterans Advisory Board member. The County veteran programs are in good hands with the Health Department. Hearing no one else, Crawford closed the public hearing. Brenner moved to adopt the ordinance. She thanked the Health Department staff and Veterans Advisory Board members for their assistance. Whatcom County Council, //, Page

3 Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner () OPEN SESSION (:: PM) The following people spoke: Michael Chneider spoke on the issue of ferry leases with the Lummi Nation (AB-). Joy Gilfilen spoke the issue of the myriad of issues in Whatcom County and creating a community conference. Irene Morgan, Whatcom County Reentry Coalition President, spoke on creating a community conference. Bud Jewel spoke on the issue of road safety measures on Slater Road and the ferry leases with the Lummi Nation (AB-). Ken Carrasco spoke on the request for a mineral resource land in the South Fork Nooksack Valley (AB-). (Clerk s Note: The speaker following Ken Carrasco requested that his/her testimony not be included in the minutes. The speaker s testimony is available on the meeting s audio recording.) Robert Rich, Protect Lummi Island Community (PLIC), spoke about the Lummi Island Ferry Task Force. Lisa Wochos spoke on the issue of ferry leases with the Lummi Nation (AB-). Jeff Margolis spoke on the request for a mineral resource land in the South Fork Nooksack Valley (AB-) and a Marine Drive bridge and bicycle projects. Max Wilbert spoke about local and global environmental and economic concerns. Heather Cotoden spoke on the request for a mineral resource land in the South Fork Nooksack Valley (AB-). Dan McShane spoke on the issue of the resolution for the National Conservation Area Designation (AB-1) and the process of designating mineral resource lands. Virginia Naef spoke on the request for a mineral resource land in the South Fork Nooksack Valley (AB-). Nick Guilford spoke on the request for a mineral resource land in the South Fork Nooksack Valley (AB-). Suzanne Shull spoke on the request for a mineral resource land in the South Fork Nooksack Valley (AB-). Jeff Martin spoke on the request for a mineral resource land in the South Fork Nooksack Valley (AB-). Chris Burnkey spoke on the request for a mineral resource land in the South Fork Nooksack Valley (AB-). Paul Brass spoke on the request for a mineral resource land in the South Fork Nooksack Valley (AB-). Emma Martin spoke on the request for a mineral resource land in the South Fork Nooksack Valley (AB-). Whatcom County Council, //, Page

4 (:: PM) OTHER ITEMS Brad Barton spoke on the request for a mineral resource land in the South Fork Nooksack Valley (AB-). Ellen Barton spoke on the issue of the County s Transportation Improvement Plan. Joy Demitchell spoke on the request for a mineral resource land in the South Fork Nooksack Valley (AB-). Lesa Starkenburg-Kroontje spoke on the request for a mineral resource land in the South Fork Nooksack Valley (AB-). Valerie Lloyd spoke on the request for a mineral resource land in the South Fork Nooksack Valley (AB-). Jason Noteboom spoke on the request for a mineral resource land in the South Fork Nooksack Valley (AB-). Carol Follet spoke on the request for a mineral resource land in the South Fork Nooksack Valley (AB-). Sue Halen spoke on the request for a mineral resource land in the South Fork Nooksack Valley (AB-). Holly O Neal spoke on the request for a mineral resource land in the South Fork Nooksack Valley (AB-). Nicole Brown spoke on the request for a mineral resource land in the South Fork Nooksack Valley (AB-).. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY COMPREHENSIVE PLAN AND ZONING MAPS TO CREATE A MINERAL RESOURCE LANDS DESIGNATION AND ZONING OVERLAY OFF OF DORAN AND BOWMAN ROADS IN THE SOUTH FORK NOOKSACK VALLEY, SOUTH OF ACME (AB-) Knutzen reported for the Planning and Development Committee and stated a recommendation failed in committee. He moved to forward this ordinance to concurrency. Brenner stated she has concerns regarding the water quality, water table, and aquifer recharge in the area. Her concerns have not been answered. Wells in the area have failed. The Council should have more environmental information. The Council should have some discretion, but doesn t. All the name-calling that happens is offensive and makes it hard to focus on the issue. Mann stated he understands the company followed the plan in the Code. That doesn t mean they automatically get approved. The Council must make a policy decision about what is best for Whatcom County. This request will impact the community. The burden of proof to show that it s good for the community to designate this a mineral resource land (MRL) has not been met. The Council should be able to address concerns through this process, not just through the project permit process. He will not support the rezone. Knutzen stated he was told that the size and scope of this pit would not be larger than the existing pit, and that there would be reclamation before the new pit is started. He asked if that is correct. Whatcom County Council, //, Page

5 Joshua Fleischman, Planning and Development Services Department, stated it is not true that the company must reclaim the existing site before expanding the mineral extraction process. He spoke with the State Department of Natural Resources (DNR) regarding reclamation. The company has several ways to reclaim the land. If resources are still available in the present area, the company would have to make a very strong argument for expanding into another area. If resources have been extracted, the company has two years to complete reclamation. Knutzen asked if there is a developer agreement. Crawford stated the permit would have conditions. Knutzen asked if the existing 0-acre mine would stay at 0 acres. Fleischman stated the company couldn t have more than 0 acres permitted for mining. If the company expands into one area, it would have to close another area. Kershner stated the Council is not voting to permit a mine in this area tonight. This area is zoned commercial forestry. People have said they are worried about converting agricultural land into a mine. This isn t agricultural land. The County is required by the Growth Management Act (GMA) to make these decisions. The decisions are never perfect for everyone involved. She will support the request. She asked that the permit process be thoroughly vetted through all the agencies involved. She asked the community members to stay involved in that process to make sure their concerns are thoroughly discussed in that process. Brenner stated she would rather revisit the issue of MRLs and get more environmental information for the policy decision. The longer they wait, the more expectations there are. She would like more information about the water in the area and the connectivity to aquifer recharge areas. Mann stated Council approval of this request essentially approves the mining activity. He doesn t understand how this Council can be worried about a park in the South Fork Valley having too much impact on the community. Now they are talking about a huge gravel mine. The imposition of a park would be much less than this operation. Similarly, some of the councilmembers have expressed concerns about noise that wind generators make, but are furthering a gravel mine in this pastoral valley. He doesn t understand those inconsistencies. Also, some are referencing the State and GMA as justification for this action, when they quickly and easily blame the State and GMA when it forces the County to do other things. The GMA has become a convenient whipping boy, depending on what side of the issue one is on. Reconsider approval, or it will be too late. Weimer stated that if the Council approves the request, it gives a green light to the mine. The County has not ever turned down a mining permit in an MRL overlay area. The County has designated its -year supply of mineral resources and is in compliance. The County is supposed to review the designation in a few years. The economy has changed. Their use of mineral resources has changed. The mineral resource advisory committee has heard that it may be more economical to bring gravel in by barges, which hasn t been considered. They are considering and discussing removing gravel from the river through river management. British Columbia has an excess of gravel from the Frazier River, so other gravel resources should be considered when they designate their next -year supply. The Council has heard from the rural community. The overwhelming majority of the community think their rural character will be destroyed if this large mine goes into the middle of it. He agrees there are too many unknown answers. There is no need for this Whatcom County Council, //, Page

6 designation because it is zoned commercial forestry, which doesn t allow houses. The company can hold on to the land and wait to see if mineral resources become more valuable in the future. It s not clear that the community needs this at this point. Crawford stated he is in favor of moving the ordinance forward. He understands the concerns. He witnessed the Council wrestle with gravel extraction and agricultural lands in the 10 s. It was decided to push gravel extraction into the foothills. The question is where the resource will come from, if not from here. In this case, it s a matter of the expansion of an existing pit instead of starting a new pit. It makes more sense to continue existing extraction. Make sure there is a great reclamation plan for restoration back to a commercial forestry use. One concern about gravel is that Whatcom County government is the largest user of gravel resources. They must maintain the roads and keep the supply available. Gravel is a low-cost, bulk product. Because the gravel is so low-cost, most of the expense has to do with transporting it. It would be expensive to barge it in or bring it in from another area. It makes sense to make sure there is an ongoing resource into the future. He will be watching at arms length to see how this project goes through the permitting process. Ayes: Larson, Crawford, Knutzen and Kershner () Nays: Brenner, Mann and Weimer () (Clerk s Note: The Council took a break from :0 p.m. to :0 p.m.) CONSENT AGENDA Mann reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through six. Ayes: Larson, Crawford, Weimer, Knutzen, Mann and Kershner () Absent: Brenner (out of the room)(1) 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WOMENCARE SHELTER TO PROVIDE HOUSING CASE MANAGEMENT SERVICES, IN ASSOCIATION WITH THE OPERATION OF THE WHATCOM HOMELESS SERVICE CENTER IN THE AMOUNT OF $1,000 (AB-1). REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND INDUSTRIAL CREDIT UNION FOR THE ON-SITE SEWAGE SYSTEM LOAN PROGRAM IN THE AMOUNT OF $1,000 (AB-). REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND BNSF RAILWAY COMPANY FOR INSTALLATION OF NEW CONCRETE RAILROAD CROSSING SURFACE ON SLATER ROAD IN THE AMOUNT OF $0, (AB-). REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND U.S. ENVIRONMENTAL Whatcom County Council, //, Page

7 PROTECTION AGENCY FOR CONSTRUCTION ACTIVITIES TO IMPROVE AND STABILIZE A PORTION OF SILVER BEACH CREEK FROM BROWNSVILLE DRIVE TO EAST 1 TH PLACE IN THE AMOUNT OF $, (AB-). REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE PURCHASE OF COMMUNICATIONS EQUIPMENT USING THE WASHINGTON STATE CONTRACT FROM ALCATEL-LUCENT, IN THE AMOUNT OF $,. (AB-). REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE PURCHASE AND ENTER INTO A CONTRACT FOR CONSULTING, PARTS AND INSTALLATION AS PART OF THE ONGOING INTEROPERABLE COMMUNICATIONS PROJECT FROM COSCOMM IN THE AMOUNT OF $1,. (AB-) OTHER ITEMS 1. RESOLUTION AMENDING THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT AND SUBZONES BUDGET, REQUEST #1 (FOR BIRCH BAY WATERSHED AND AQUATIC RESOURCES MANAGEMENT DISTRICT), IN THE AMOUNT OF $, (AB-) (Clerk s Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Mann reported for the Finance and Administrative Services Committee and moved to approve the resolution. Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (). REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO SUBMIT AN APPLICATION TO THE WASHINGTON STATE DEPARTMENT OF COMMERCE TO BECOME THE LEAD AGENCY FOR THE FOR HOUSING AND ESSENTIAL NEEDS PROGRAM (AB-0) Mann reported for the Finance and Administrative Services Committee and moved to approve the request. Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (). ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN AND THE OFFICIAL COUNTY ZONING MAP TO IMPLEMENT CHANGES RELATING TO COMPLETION OF THE YEAR REVIEW OF THE URBAN GROWTH AREAS REQUIRED UNDER THE GROWTH MANAGEMENT ACT (FERNDALE UGA) (AB-) Mann moved to adopt the ordinance. Whatcom County Council, //, Page

8 Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (). REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE S APPOINTMENT OF DANNON TRAXLER TO THE WHATCOM COUNTY DEVELOPMENT STANDARDS TECHNICAL ADVISORY COMMITTEE (AB-) Knutzen moved to confirm the appointment. Mann stated he has nothing against Ms. Traxlor personally, but he won t support the motion. He s not sure what technical expertise she has other than law. She s frequently here representing her clients. He s not comfortable having her on a technical advisory committee when much of what she does is to get the Council to interpret the laws and codes one way or another. He would rather confirm someone with actual construction expertise, not lobbying expertise. Brenner asked if Councilmember Mann thinks that land use attorneys shouldn t be allowed to apply. The committee is very diverse. Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Kershner () Nays: Mann (1). APPOINTMENT OF MEMBERS TO A PRO COMMITTEE AND A CON COMMITTEE TO DRAFT STATEMENTS FOR THE WHATCOM COUNTY VOTERS PAMPHLET RELATED TO THE PROPOSED CHARTER AMENDMENT TO CREATE A CITIZENS COMMISSION ON SALARIES FOR ELECTED OFFICIALS (AB- B) Brenner moved to appoint Jack Hovenier and Kevin Zender to the Pro Committee and to appoint Shane Roth, Wendy Harris, and Sue Brown to the Con Committee. Larson asked if someone has written the pro statement already. Crawford stated someone wrote the text for the ballot measure. Royce Buckingham, Prosecutor s Office, stated the ballot measure text is an explanatory statement of 0 words. The pro and con statements are for the voters guide, and are different. The ballot measure text is supposed to be neutral, and it goes into the voters guide preceding the pro and con statements. Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner () (Clerk s Note: The Council continued discussion of this item later in the meeting, below.). RESOLUTION SUPPORTING DESIGNATING BUREAU OF LAND MANAGEMENT LANDS IN THE SAN JUAN ISLANDS A NATIONAL CONSERVATION AREA INCLUDING CHUCKANUT ROCK, LUMMI ROCKS, AND CARTER POINT IN WHATCOM COUNTY (AB-1) Whatcom County Council, //, Page

9 Crawford moved to approve the resolution and reported on this agenda item. Brenner asked if this designation would cause the federal government to spend more. There have to be major cuts in Washington D.C. It s sounds okay if it s just designating a category that doesn t require any funding. She would like to take more time with this. Crawford stated there is a timeframe for this. The national legislators have already had their public meetings on the San Juan islands. They re asking to add on these features at the end of the process. The deadline for the wilderness designation is August. He s not sure about the timeframe for national conservation area designation. He s satisfied that these areas be included. It s important to conserve these areas. Larson stated he would like to support it, but he would like more clarification about what the designation means. Crawford stated the effect is to make conservation of the land a top priority. However, he believes that the long-term designations for the areas would not be made until after the conservation area is designated. At that point, they have to do a management plan, which includes an extensive public process over the course of a number of years, after Congress designates the conservation area. At this stage, it s a matter of identifying the appropriate boundaries for a conservation area. Knutzen stated he wants to find out more about this. He doesn t know what the possible impacts could be. There is no occupancy or any future plans for occupancy in any of those areas. However, he shares concerns about possible restrictions. Larson asked who owns the land. Crawford stated the U.S. Bureau of Land Management (BLM) owns all the land. Larson stated that if that s a fact, he doesn t have a problem with it. Crawford stated he understands that any BLM land has an uncertain future. It can be sold to the highest bidder. That s why he s concerned about and didn t include Eliza Island. For these areas, he s confident there are no neighbors who would be opposed. Weimer stated he supports the resolution. The areas are just conservation areas right now, owned by the federal government. He s worked for the BLM, which has a multiple use philosophy. They can sell properties not close to their offices. It s good to lock these into a conservation strategy. Dan McShane stated the Spokane office of the Bureau of Land Management wants to develop an overall plan for their holdings in Washington State. These are the only BLMowned lands in Western Washington. They are orphaned properties being run out of the Spokane office. The BLM supports this idea, because it creates a local planning program were local people are involved. It would probably be less expensive for the federal government. The plan will include local governments to oversee these areas rather than relying on federal staff who have to come from Spokane. Whatcom County Council, //, Page

10 Greg Brown stated he doesn t know what the conservation label implies and how does it affect what they can do around it. It may affect water resources and the transportation system out there. He asked what the impacts are. McShane stated the designation would allow a local planning process. Some lands could be strictly for conservation. Other lands can be recreational properties and historical sites. Disrupting ship traffic would not be in their local interest. The sooner the County approves this, the better. The County can indicate to the BLM that it is interested. Larson stated what is in the community s interest can be questionable. He would like to have this in committee to continue discussion. Brenner stated she would like to have this in committee to get questions answered. Knutzen asked if San Juan County already designating some properties to this. Crawford stated a conservation group, not the San Jan County government, is working with the Congressional delegation. The timing is in response to the BLM s review of the cost and difficulty of managing these areas. Brenner stated add a clause that the County s approval assumes that it won t create any difficulties for the shipping areas. Mann stated that was just one example that Mr. Brown came up with. Another example could be that it may mess with fishing. If they establish a no wake zone. He s not as concerned as Mr. Brown about the potential down side. Fisheries just sued the Federal Emergency Management Agency (FEMA) over the Endangered Species Act on levee rules. There could be unintended consequences. Crawford stated he respects the Council s healthy skepticism. He s done some research. It s a positive thing for conservation. It makes sense for the San Juan islands. He can t imagine a scenario where they say traditional fishing, recreation, and shipping is somehow impacted because they ve designated a conservation area on two rocks on a point of land. But that s up to each of them to decide. Brenner stated she hasn t heard about a no wake zone lawsuit. Mann stated that s the reason they re going through Title 1 right now. Fisheries sued FEMA because the national flood insurance program is not protective enough. It s one federal agency suing another. Mr. Brown s point is that someone could come along and sue BLM, or BLM could sue the Coast Guard because they re allowing ships too close to this conservation area. He doesn t buy into Mr. Brown s theory, but they haven t fully vetted this. Knutzen moved to refer this to Natural Resources Committee in September. He s sure the Carter Point property is adjacent to private property. The motion to refer to committee carried by the following vote: Ayes: Larson, Brenner, Knutzen and Mann () Nays: Kershner, Crawford and Weimer () Whatcom County Council, //, Page

11 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE A CONTRACT BETWEEN WHATCOM COUNTY AND LESA STARKENBURG- KROONTJE, ATTORNEY-AT-LAW TO ASSIST THE PROSECUTOR S OFFICE IN THE PREPARATION OF ITS LEGAL DEFENSE IN GROWTH MANAGEMENT HEARING BOARD CASE BOARD --00C (AB-) Crawford stated the deadline dates from the Hearings Board are all before the next Council meeting. The Executive s Office worked with the Council to make sure the budget authority is there. The funds will come from the Council s budget. There will be a supplemental budget request to backfill that money. Kershner moved to approve the request. Brenner asked if someone checked into the contractors client list to make sure there is no conflict of interest. Royce Buckingham, Prosecutor s Office, stated an attorney can t represent two different interests in the same case. That s what conflict of interest is in court. Crawford stated they are not hiring the contractor to be the lead attorney. The Council s legal counsel will still be the lead attorney. The contractor will provide research and support. These petitions have dozens of different items. Ms. Starkenburg-Kroontje will take on the items she hasn t been involved in. Mann stated he will not vote for the motion. It seems unusual to hire an attorney who is so actively involved with the Council regarding the rural element. There may not be a legal conflict of interest or appearance of fairness issue, and he respects Ms. Starkenburg- Kroontje. However, it looks bad. It would be better to hire someone not so clearly aligned with political issues before the County Council. Find an attorney with a lower profile. Kershner stated that if the County is going to spend taxpayer dollars on attorneys to defend the County against all the briefs filed, the County would want to consider the most qualified person who could work with the County to get through these court briefs. She s not sure to whom there would be an appearance of fairness issue. The taxpayers have to now go to court and defend a decision based on the very same person who is actually suing the County. It s ridiculous that they need to defend their choice of attorney to help get the rural element through the court system. These are the same people who have been fighting the County the entire time. Ms. Starkenburg-Kroontje will do a great job. Brenner stated not many attorneys in the state are more high-profile than David Bricklin. When hired, he was representing a local group against the County. It wasn t a conflict. He got permission from that group. There s a reason people are high-profile, because they are good. Weimer stated he agrees with Councilmember Mann. They just went through a rural land use discussion where Ms. Starkenburg-Kroontje argued on the side of business and development interests, which is the side she usually argues on, not on the side of farmland, forestry, water resources, and rural character. There isn t a legal conference, but it s a bad appearance. Larson stated Ms. Starkenburg-Kroontje argued on behalf of her client. When the County hires her, she will argue on behalf of the County. She is extraordinarily competent, very honest, and knowledgeable about the issues. Whatcom County Council, //, Page

12 Brenner stated a good attorney will zealously represent the client with ethics, knowledge, and intelligence, which Ms. Starkenburg-Kroontje will do. People who don t agree with the County s position won t want her on the case, but it shouldn t be personal. Ayes: Larson, Crawford, Brenner, Knutzen and Kershner () Nays: Mann and Weimer (). APPOINTMENT OF MEMBERS TO A PRO COMMITTEE AND A CON COMMITTEE TO DRAFT STATEMENTS FOR THE WHATCOM COUNTY VOTERS PAMPHLET RELATED TO THE PROPOSED CHARTER AMENDMENT TO CREATE A CITIZENS COMMISSION ON SALARIES FOR ELECTED OFFICIALS (AB- B) (Clerk s Note: Discussion continued from above.) Crawford read the voter statement that would appear in the voters pamphlet, The County Council currently sets salaries for County elected officials. This proposal would establish an independent Citizens commission on salaries for elected officials. If passed, this commission would meet every two years and fix the salaries for the County Council, Executive, Assessor, Auditor, Prosecuting Attorney, Sheriff, and Treasurer. The County Council would no longer set salaries. Salaries set by the commission would still be subject to other applicable laws and limitations. Brenner moved to approve the voter statement that Councilmember Crawford read. Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner () OTHER BUSINESS Larson stated he asked the administration at the last Council meeting to repackage the requests for two deputies for the remainder of and through 1. He found out today they have to introduce it. Because of the timing, it will be voted on September 1. The agreement has the deputies starting on September 1. There s no way to make that happen, which changes the costs associated with the previous introductory item. The cost of Introduction Item four was $,. If they start on October first, the cost would change to $1,. The projected budget shortfall in the next two years is $. million. If they are going to approve a supplemental that costs nearly $0,000, they should consider cuts. Therefore, he moves to request the administration to: 1. Prepare an ordinance, or two ordinances if necessary, to amend the and 1 budgets to eliminate premium pay for the period beginning October 1, and ending December,,. Eliminate premium pay for fiscal year 1,. Prepare the ordinance(s) for introduction on September 1,, and. Include in the ordinance(s) the total amount saved in and 1. Whatcom County Council, //, Page 1

13 Crawford stated the premium pay is a mechanism for reimbursing employee expenses. They can t tell employees that the County is not going to reimburse them for onthe-job expenses. He s concerned about the language in the motion. They can eliminate the current method of reimbursement designated as premium pay and replace it with direct expense reimbursement through expense reports. He asked if there are limitations to how the Council can amend the budget. Larson stated he disagrees. The Council can request the administration to put something out. There are several in the package tonight. He s not saying that employees won t be reimbursed for their expenses. Premium pay is not a reimbursement requirement. It is over and above salary and benefits. It s a lump sum for different employees. The Council can decide to not provide that benefit. They are asking employees throughout the County to make concessions. The projected shortfall over the next two years is $. million. If they are adding new expenses, he expects the administration to set an example. If the Council is going to add expenses, it ought to look at reductions. Crawford stated the administration has asserted that direct reimbursement of all those expenses will be greater than the premium pay. Larson stated that s if the Council allows it. They need to look for reductions. They are asking the employees of Whatcom County to make concessions. The top highest paid employees of Whatcom County can set a good example if they eliminate the premium pay. Premium pay is not a reimbursement. Reimbursement require forms to be filled out for costs. Crawford stated the premium pay has been for mileage, telephone, and home expenses. Larson stated he is suggesting that they eliminate that. He requests that the administration set an example by eliminating premium pay. Crawford asked what Councilmember Larson wants to do if those people incur vehicle, telephone, or home office expenses. Larson stated he s not addressing that. If they pass this tonight, it will move forward, and be introduced on September 1. At the following meeting, there will be a hearing. At that hearing, they can discuss these issues and come up with solutions. The item will be in Finance Committee once it s introduced. It will give the Council an opportunity to look at these issues. Now is the time to look at the issues. Adding the deputy positions is a good idea for decreasing gang violence. To do that, they need to look at where they can save money, also. Crawford stated that when the County shifted to a premium pay system, the budget was reduced. Brenner stated that s not accurate. She brought this amendment up last year at budget time. Councilmembers are the lowest paid of anyone who works for government. Councilmembers mostly don t ask for reimbursement. Kershner stated she asked the administration to take a look at the premium pay last fall. She would like to know if there has been a study or is any information that the costs went down or that it is a more effective and efficient way to reimburse expenses. Whatcom County Council, //, Page 1

14 Dewey Desler, Deputy Administrator, stated it is a relatively efficient way to reimburse expenses. That s why it was implemented many years ago. To save money in the general fund, this is not the place to look. Most of the premium pay is paid as a basis of reimbursement for mileage. For many employees, that s paid out of the road fund. Many of those employees used to have vehicles from the County fleet. The County government reduced the number of vehicles, including the vehicles provided to department heads and elected officials. The administration said that it would pay the employees to use their own vehicles for a flat monthly fee in return. They review it every so often. One small addition was provided for certain elected officials and department heads that is called supplemental compensation. The amount is $,000 annually in the general fund. He can share more details of that. Part of the reimbursement is for vehicles. Some of it is for cell phone reimbursement, and part of it is for supplemental compensation. The administration is willing to have a discussion about how to cover the expenses that people have when they re traveling around the county. It will make recommendations on how to address this matter. Withdrawing the premium pay will not withdraw legitimate expenses that occur in the organization or produce tremendous savings that can be used to pay for additional deputies. Brenner stated the question is about the proof. She is bothered because the government is supposed to be very transparent, especially about money. She wants to know what County employees are spending. Everyone should have to fill out reimbursement forms. The public deserves it. Larson stated they ought to discuss it and have that information. The list from totaled $1,0 per month, which equals $1,000 per year. He would like to know from what budget that comes. They may differ on which expenses are or are not reimbursable. They will all agree that County revenues are less than expenses, and are projected out that way for the next several years. At the last meeting, he was told the Council has discretion for deciding what priorities to cut. That s what he s doing. He hopes the councilmembers move this forward so they can look at it more closely. He hopes they will be able to see exactly what the expenses are for last year, have a history of the expenses, and decide whether or not they re appropriate. Mann stated he looks forward to the ordinance and the hearing. He will support the motion. He asked the administration to present some alternative reductions that it believes may be more appropriate, so the Council has other ideas of what could work. There may not be four votes to cut the premium pay, but they re interested in making cuts. Ayes: Larson, Brenner, Knutzen, Mann and Kershner () Nays: Weimer and Crawford () Brenner moved to request the administration to provide other options for cutting costs in the budget at the next meeting or sooner. Ayes: Larson, Brenner, Knutzen and Mann () Nays: Kershner, Weimer and Crawford () INTRODUCTION ITEMS Larson moved to accept Introduction Items one through five, including a substitute version of item four. Item six is held in committee. Whatcom County Council, //, Page 1

15 Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner () 1. INTERGOVERNMENTAL FRAMEWORK AGREEMENT, UPLANDS LEASE AGREEMENT, AND TIDELANDS LEASE AGREEMENT FOR LUMMI ISLAND FERRY USAGE AT GOOSEBERRY POINT (AB-). RESOLUTION APPROVING THE WHATCOM COUNTY SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 1 THROUGH 1 (AB-). ORDINANCE REVOKING ORDINANCE -0 WHICH ESTABLISHED THE WHATCOM COUNTY MENTAL HEALTH AND SUBSTANCE ABUSE REVOLVING FUND (AB-). ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, EIGHTH REQUEST, IN THE AMOUNT OF $,0 (AB-). ORDINANCE AMENDING THE 1 WHATCOM COUNTY BUDGET, FIRST REQUEST, IN THE AMOUNT OF,0 (AB-0) (Clerk s Note: The amount in the title of this item was corrected. It is $,.). DISCUSSION REGARDING A PROPOSED ORDINANCE ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 1, FLOOD DAMAGE PREVENTION (AB-) OTHER BUSINESS Brenner moved to endorse the Community Opportunities Visionary Mastermind Conference hosted by the Re-Entry Coalition. They are doing things to help reduce County costs. It s a wonderful thing. Crawford stated he will vote against the motion because he needs to learn more about it. It was presented to be about coal trains, which concerns him. He has to learn more about the agenda. He s not sure if it s appropriate for the Council to endorse it. Brenner stated they received a large packet of information weeks ago. The coal trains are an issue. They are not endorsing individual opinions. They are endorsing a conference that brings people together to work on issues in a less accusatory and confrontational way. Larson stated he would like more time to look at the information. Ayes: Brenner, Weimer, Knutzen and Mann () Nays: Larson and Crawford () Abstains: Kershner (1) Whatcom County Council, //, Page 1

16 REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Larson reported that good things are happening at the Northwest Economic Council. The group seems to have a lot of energy. He encourages everyone to let business people know the organization is in the middle of a membership drive. Brenner reported that she is offended by people messing with the initiative process before people get to vote on the red light cameras. She hopes councilmembers will get involved in the issue. The initiative option is the only option left for people who feel completely disenfranchised from their government. It was created for a reason. It s not a good idea to let people do that to communities. She s donating money to that initiative to keep it on the ballot. People should get involved, no matter how they feel about the red light cameras. Mann reported that he has met with Alcoa representatives. He wants to schedule a tour and discuss their issues on September,. ADJOURN ATTEST: Brenner stated tours should be scheduled by the Council Clerk. Knutzen reported on the wind energy tour on September 1,. The meeting adjourned at : p.m. The Council approved these minutes on September,. Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Please contact the Council Office to obtain an Dana Brown-Davis, Council Clerk Sam Crawford, Council Chair official, signed copy: 0--0 or council@co.whatcom.wa.us Whatcom County Council, //, Page 1