1 1 1 1 1 1 1 0 1 0 1 CALL TO ORDER WHATCOM COUNTY COUNCIL Regular County Council October, 0 Council Chair Kathy Kershner called the meeting to order at :00 p.m. in the Council Chambers, 1 Grand Avenue, Bellingham, Washington. ROLL CALL (:0:1 PM) Present: Absent: ANNOUNCEMENTS Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy Kershner, Carl Weimer and Pete Kremen. None. Kershner reported that there was discussion with Senior Deputy Prosecutor Karen Frakes regarding pending litigation, Hirst et al v. Whatcom County, GMHB Case No. --001 (AB0-01) in executive session during the Committee of the Whole meeting. The Committee took no action. Kershner also reported there was discussion with Chief Civil Deputy Prosecutor Randall Watts regarding pending litigation, McDaniels v. Whatcom County et al (AB0-01) in executive session during the Committee of the Whole meeting. Crawford moved that the County Council authorize the Prosecutor s Office to provide legal representation to all parties named in the litigation of McDaniels v. Whatcom county et al. Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner () MINUTES CONSENT (:0:1 PM) Crawford moved to approve Minutes Consent items one through four. Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner () 1. COMMITTEE OF THE WHOLE FOR SEPTEMBER, 0. REGULAR COUNTY COUNCIL FOR SEPTEMBER, 0. COMMITTEE OF THE WHOLE FOR SEPTEMBER, 0. BOARD OF HEALTH FOR OCTOBER, 0 Whatcom County Council, //0, Page 1
1 1 1 1 1 1 1 0 1 0 1 OPEN SESSION (:0:0 PM) The following people spoke: Wes Kentch spoke about the local wolf population. Yoshi Revelle spoke about women s rights. Leonard Lindstrom spoke about small children who cannot speak for themselves. Delaine Clizbe spoke about the Lake Whatcom reconveyance. Matt Paskus spoke about airport noise impacts. Ellen Baker spoke about a public records request regarding a pilot project for the natural resources marketplace. Brenner asked the rules for things that are discussed in executive session. Karen Frakes, Prosecutor s Office, stated this case involves a specific exemption under the Public Records Act. The exemption says that records that pertain to the deliberative process are exempt from public disclosure. As staff develop policies, the drafts they circulate between various members of the team are not subject to release until there is a point when a decision is made, when those drafts are available to the public. All the information has been provided except for the material that falls under that exemption, which is there to protect the deliberative process. As staff is developing and discussing ideas, the exemption protects that from public disclosure. Brenner stated this is information made available to an organization, not just internal to the Planning Department. Frakes stated an agency outside the County may be involved. She s only aware of government agencies being privy to the site. Crawford asked if it s correct that this exemption only covers inner-staff communications, and does not cover any communications outside of staff. It doesn t seem right that anyone in the public would have privileged access of information on an issue. Frakes stated it only involves staff working on this issue when they send things back and forth to each other, not to anyone in the public. CONSENT AGENDA (::1 PM) to approve Consent Agenda items one through seven. He withdrew item five. Brenner withdrew item four. Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner () 1. RESOLUTION CONSENTING TO THE TERMINATION OF THE WASHINGTON COUNTIES INSURANCE POOL PURSUANT TO THE INTERLOCAL AGREEMENT OF THAT ORGANIZATION (AB0-0) Whatcom County Council, //0, Page
1 1 1 1 1 1 1 0 1 0 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND PIONEER HUMAN SERVICES TO PROVIDE PERMANENT SUPPORTIVE HOUSING FOR OFFENDERS RE-ENTERING THE COMMUNITY, AND CHRONICALLY HOMELESS VETERANS, IN THE AMOUNT OF $,, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF $, (AB0-1). REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND JOHN VON KRUSENSTIERN FOR WAREHOUSE SPACE TO STORE COUNTYWIDE RECORDS FOR A PERIOD OF FIVE YEARS, IN THE AMOUNT OF $0,.0 PER YEAR, FOR A TOTAL AMOUNT OF $,1. (AB0-). REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO EXECUTE A RESIDENTIAL LEASE AGREEMENT FOR HOVANDER HOMESTEAD PARK RENTAL HOUSE LOCATED AT 0 NIELSEN AVENUE FOR OCTOBER 1, 0 THROUGH SEPTEMBER, 01 IN THE AMOUNT OF $,00 (AB0-). REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND FREEDMAN & ASSOCIATES FOR MENTAL HEALTH TREATMENT SERVICES, IN AN AMOUNT UP TO $,000 (AB0-). REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT FOR THE TERM OF SERVICES WITH MCASPHALT INDUSTRIES LTD., IN THE AMOUNT OF $1,000 (CONTRACT TO BE AMENDED FROM MAY, 0, THROUGH OCTOBER, 0) (AB0- ) (:: PM) to approve the request. Brenner stated she is opposed to chip sealing on County roads. She gets many complaints about it. People in the business tell her that the County does more chip sealing than is necessary. She understand the need on curves and steep slopes, but it s being applied to straight areas. She isn t an expert, but a former councilmember was an employee of the State Department of Transportation, and he worked on and researched the issue. They wouldn t need this amendment if they were careful about the amount of chip seal they applied. They are supposed to take a position on what they re doing with their resources. She s brought this up for many years. This is an amendment to do more. The Council is throwing money at something without information about why the County should pay more. It has to do more with the fact they are applying a lot of chip seal. Mann stated he would love to spend less on roads. If reducing the amount of chip seal is possible, he would do that. He talked to Joe Rutan about that option several times. He s said they are doing the bare minimum and trying to make it as less expensive as possible. He would love to hear technical guidance or advice from an outside expert who will prove the County is over-chip sealing if Councilmember Brenner can produce that information. Knutzen stated this request is for money that s already been spent. This request will make up the difference. The primary vendor ran out of product, and the County had to supplement with a different vendor. As the budget is discussed, explore this area. The Whatcom County Council, //0, Page
1 1 1 1 1 1 1 0 1 0 1 County may be better-served to subcontract this service to the private sector. In the current economic climate, nothing is untouchable. He hopes the Council can explore ways to save the County money. Privatizing this service might be one of those options. Kremen stated he used to get complaints about chip sealing when he was County Executive. He asked the Public Works staff why the County uses chip seal instead of asphalt. He wasn t happy about North Shore Road being chip sealed recently, but it does the job. He s learned that chip seal costs about one-third of the cost of asphalt. Also, it provides better traction in icy conditions. If money were no object, however, he would advocate for asphalt over chip seal, because it is more comfortable. Brenner stated she agrees that they should use chip seal where there are icy conditions, such as on curves or steep slopes. She s talking about straight stretches of road. It does cost less than asphalt. However, it s applied at a rate that ends up being more expensive than asphalt, because of the number of times it has to be applied. Ayes: Kremen, Crawford, Weimer, Knutzen, Mann and Kershner () Nays: Brenner (1) OTHER ITEMS 1. ORDINANCE AMENDING THE 0 PROJECT BUDGET, SECOND REQUEST, CIVIC CENTER EXTERIOR REPAIR PROJECT, IN THE AMOUNT OF $0, (AB0-) (:: PM) to adopt the ordinance. He stated he is against the ordinance because he has concerns about the total overall costs and expense of the Civic Center building. He needs to see a more comprehensive history of the building and more comprehensive planning for that building. He is not comfortable with past decisions and the total expense. Brenner stated she agrees with Councilmember Mann and is also against the ordinance. In the past, the Council was asked to fix something inside the building. She mentioned at that time that the windows leaked, but was told by staff that they don t leak. Now they are asked to approve this project to fix leaky windows. The process hasn t been cost-effective. They should have fixed the external problems first, before working on the inside. The whole building is a money pit. Knutzen stated he agrees with Councilmembers Brenner and Mann, but will support ordinance because they are fixing the issues going on with that building. The County has invested much time, money, and effort into this building. It doesn t make sense to throw out all the work that s already been done, whether or not they agree with it. The County owns the asset. They re getting to the end of the remodel process. It should have been done a long time ago. He is concerned there will be a bigger problem such as mold as a result of moisture intrusion. He understands the concerns, but will support the ordinance. Ayes: Kremen, Crawford, Weimer, Knutzen, and Kershner () Nays: Mann and Brenner () Whatcom County Council, //0, Page
1 1 1 1 1 1 1 0 1 0 1. ORDINANCE AMENDING THE 0 WHATCOM COUNTY BUDGET, THIRTEENTH REQUEST, IN THE AMOUNT OF $,1 (AB0-) ( :: PM) to adopt the ordinance. He stated he is against the ordinance for the reasons stated regarding the previous agenda item. He doesn t have a problem with the item from the Public Defender s Office. Brenner stated she also is against the ordinance for the reasons stated regarding the previous agenda item, and she also supports the item from the Public Defender s Office. Ayes: Kremen, Crawford, Weimer, Knutzen, and Kershner () Nays: Mann and Brenner () CONSENT AGENDA. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AWARD BID #- TO FABER CONSTRUCTION CORP. FOR EXTERIOR REPAIRS TO THE CIVIC CENTER BUILDING, IN THE AMOUNT OF $1,1,.0 (AB0-) (::01 PM) to approve. He stated he is opposed to the request for the reasons stated regarding the previous two agenda items. Kershner stated these big projects need to have a plan that projects future projects and expenses. Civic Center expenses seem to come to the Council every three or four months. There are separate requests to do the project, bid the project, hire the bidder, amend the budget, let the contract, and amend the contract, if necessary. Some of the items before the Council are for the same project, but it always feels like more money for the civic center. The administration should have a plan for large projects that the Council and public can follow, so they know what they re spending, why they re spending it, and when they spend it. The piecemeal process doesn t work. Ayes: Kremen, Crawford, Weimer, Knutzen, and Kershner () Nays: Mann and Brenner () OTHER ITEMS. RESOLUTION ESTABLISHING REGULAR WHATCOM COUNTY COUNCIL MEETING DATES FOR 01 (AB0-) (:: PM) Crawford moved to approve the resolution. Brenner moved to amend the resolution to schedule regular meetings on the first and third Tuesdays of each month, not including August and December, which would be only the first Tuesday. Another option is to have weekly meetings, like the Council used to Whatcom County Council, //0, Page
1 1 1 1 1 1 1 0 1 0 1 have. They are becoming more and more part-time. The schedule of having meetings every other week except when they don t isn t in the public interest. Kremen stated the Council has had the same number of meetings every year for the last 1 or more years. The comment that the Council is becoming more part-time is not valid. Brenner stated the Council used to have meetings every week. Dana Brown-Davis, Clerk of the Council, stated the Council used to meet the first, second, and fourth Tuesday of every month. Knutzen stated they still do. They have surface water work sessions and other meetings on off-tuesdays. Brenner stated they had evening meetings the first, second, and fourth. The motion to amend failed by the following vote: Ayes: Brenner (1) Nays: Kremen, Crawford, Weimer, Knutzen, Mann and Kershner () The motion to approve the resolution carried by the following vote: Ayes: Kremen, Crawford, Weimer, Knutzen, Mann and Kershner () Nays: Brenner (1). REQUEST APPROVAL OF DRAFT BOARD AND COMMISSION EXPECTATIONS AND AUTHORIZATION TO DISTRIBUTE TO ALL CURRENT AND FUTURE BOARD AND COMMISSION MEMBERS (AB0-A) (:: PM) Crawford moved to approve the request. Brenner stated this version is very nice. It is short and to-the-point. Mann stated he agrees it s short and to-the-point. He suggested a friendly amendment, Thank you for serving as an appointee and member of one of Whatcom County s Boards & Commissions. You play a vital role by bringing citizens perspectives to assist us as policy makers by studying critical issues and forming well-developed, thoughtful recommendations to that aid us. Crawford accepted the friendly amendment. He thanked the Chair and Executive. He agrees it meets their need. This is good. Kershner stated she thanks the Human Resources Manager and Council staff. Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner () INTRODUCTION ITEMS (::1 PM) Crawford moved to accept Introduction Items one through five. Whatcom County Council, //0, Page
1 1 1 1 1 1 1 0 1 0 1 Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner () 1. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 0.1, WIND ENERGY SYSTEMS (AB0-D). ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENTS RELATED TO UNINCORPORATED UGA INTERLOCAL AGREEMENTS (AB0-). ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENTS RELATED TO CAPITAL FACILITY PLANNING FOR THE EAST COUNTY (AB0-). ORDINANCE REPEALING AND REPLACING WHATCOM COUNTY CODE CHAPTER. TO ESTABLISH A BEHAVIORAL HEALTH PROGRAM (AB0-0). RESOLUTION APPROVING A COMPREHENSIVE SEWER SYSTEM PLAN FOR WHATCOM COUNTY WATER DISTRICT NO. 1 (AB0-) OTHER BUSINESS (:: PM) Mann reported for the Planning and Development Committee regarding the discussion regarding proposed zoning amendments to allow agricultural slaughtering facilities in the Agriculture Zoning District (AB0-0) and moved to refer the committee s recommendation to the Planning Committee on November for further discussion. The committee made the use a permitted use. However, it s more responsible to keep the use as an accessory use as legal and planning staff have repeatedly advised. As much as he would like to make it a permitted use, there isn t much difference and it keeps the County out of trouble. Kershner suggested a friendly amendment to refer it to Committee of the Whole instead. Mann accepted the friendly amendment. Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner () Crawford reported about changing the Lake Whatcom subdivision moratorium ordinance to keep the intent of the moratorium while allowing clustering. He received zero response from staff, attorneys, councilmembers, the Executive, or anyone else. He will make calls to find out how to proceed with the process. Kershner asked if any other councilmembers are be interested in co-sponsoring the issue of the Northern Gray wolves, as suggested by Mr. Kentch. Kremen stated he will co-sponsor. Whatcom County Council, //0, Page
1 1 1 1 1 1 1 0 1 Crawford stated the Council must become educated about which State agency is introducing these to Whatcom County. He s heard about it in Eastern Washington, but hasn t heard about it here. Kershner stated she would work with Councilmembers Kremen and Brenner to find out more details about the issue. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (:: PM) Kremen reported that he wants as many people as possible to attend the gala and auction for Big Brothers and Big Sisters of Northwest Washington on Saturday, November, 0. People should call for tickets. It s a great time and a great cause to help children in the community find mentors from big brothers and big sisters throughout the community. It s needed more now than ever. He hopes the attendance is large and a lot of money is donated to a very worthy cause. Knutzen reported that he was invited to visit Brigadoon Services, an organization that trains service dogs for veterans and disabled people. They held a moving benefit and auction. The organization was founded locally by Leon and Denise Costanten. There was a great turnout at the Everett Civic Center. It s very touching how a dog can affect someone s life that much. A young child talked about how a dog calmed him and gave him balance after a brain injury, so he can now go to school and do other things he couldn t do before. A veteran with post traumatic stress disorder is relieved of nightmares because of the presence of his dog. state. ADJOURN ATTEST: Weimer reported that he will miss the next meeting because he has to be out of The meeting adjourned at : p.m. The Council approved these minutes on November 0, 0. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Please Dana Brown-Davis, contact Council Clerk the Council Kathy Kershner, Office Council to Chair obtain an official, signed copy: 0--0 or council@co.whatcom.wa.us Jill Nixon, Minutes Transcription Whatcom County Council, //0, Page