HomeMy WebLinkAboutCouncil June 3 20141
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
WHATCOM COUNTY COUNCIL
Regular County Council
June 3, 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
(7:04:45 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 Karen
Frakes regarding appeal of Growth Management Hearings Board Case No. 12 -2-
0013 (AB2014 -018) in executive session during the Committee of the Whole meeting.
(7:05:13 PM)
MINUTES CONSENT
(7:05:44 PM)
Browne stated the Council received a corrected page for the Council minutes of May
6, 2014.
Kremen moved to approve the minutes as corrected.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
1. REGULAR COUNTY COUNCIL FOR MAY 6, 2014
2. SPECIAL COUNTY COUNCIL FOR MAY 13, 2014
3. COMMITTEE OF THE WHOLE FOR MAY 20, 2014
Whatcom County Council, 6/3/2014, Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
OPEN SESSION
(7:06:40 PM)
The following people spoke:
• Greg Brown spoke about meetings regarding a Hearings Board case.
• Paul Schissler spoke about regional cooperation on affordable housing issues.
• Gaythia Weiss spoke about the discussion regarding the use of Roundup
to control roadside vegetation (AB2014 -221).
CONSENT AGENDA
(7:11:50 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through five.
Brenner withdrew item one.
The motion to approve Consent Agenda items two through five carried by the
following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND KIBBLE & PRENTICE, A USI
COMPANY, FOR BENEFIT CONSULTATION SERVICES FOR THE COUNTY'S
SELF - INSURED MEDICAL PROGRAM, IN THE AMOUNT OF $48,500 IN 2015;
$51,000 IN 2016; AND $53,500 IN 2017 (AB2014 -211)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Brenner stated she and many employees have been unimpressed with the group.
The motion carried by the following vote:
Ayes: Mann, Crawford, Browne, Buchanan, Weimer and Kremen (6)
Nays: Brenner (1)
2. RESOLUTION AMENDING CRP NO. 914004 AND APPROVAL FOR THE COUNTY
EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND
LOW BIDDER, ORION MARINE CONTRACTORS, INC. FOR THE GOOSEBERRY
POINT FERRY DOLPHIN REPLACEMENT PROJECT, IN THE AMOUNT OF
$698,631.50 (AB2014 -212)
3. RESOLUTION SUPPORTING INTERLOCAL COOPERATION IN REGIONAL
CONSORTIUM REQUIRED FOR HOME INVESTMENT PARTNERSHIPS
PROGRAM FEDERAL FUNDING FOR AFFORDABLE HOUSING (AB2014 -213)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #14 -24
AND ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE LOW
BIDDER, FABER CONSTRUCTION CORPORATION, FOR WHATCOM COUNTY
Whatcom County Council, 6/3/2014, Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
COURTHOUSE COURTROOM RENOVATIONS, IN THE AMOUNT OF
$949,309.71 (AB2014 -214)
5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND REICHHARDT & EBE
ENGINEERING, INC. FOR PROFESSIONAL DESIGN SERVICES FOR SOUTH
FORK PARK, IN THE AMOUNT OF $55,522.94 (AB2014 -215)
OTHER ITEMS
1. RESOLUTION APPROVING THE PORTAGE BAY SHELLFISH RECOVERY PLAN
2014 UPDATE (AB2014 -210) (7 :13:45 PM)
Buchanan reported for the Natural Resources 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. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 3.08,
PURCHASING SYSTEM, TO MODIFY THE REQUIREMENTS FOR BID
SPECIFICATIONS, DEPOSITS, AND AWARDS (AB2014 -183) (7 :14 :10 PM)
Crawford reported for the Finance and Administrative Services Committee and stated
the committee did not act on this item. No specific change is proposed in the draft
ordinance.
Brenner stated her intent is not to decide the limit, but to have the discussion about
what the limit should be. They should not allow hundreds of thousands of dollars to be
spent without coming to the County Council for approval, even if it's grant money, general
fund money, or road fund money.
Crawford stated the Executive can't just spend hundreds of thousands of dollars, but
there are some exceptions that allow continuation of contracts. He prefers there be a more
specific proposed ordinance. They will vet any specific proposal through the administration
for an analysis of impacts regarding whether the time and review facilitates County
purchasing. Before scheduling in Finance Committee, get all the information to the
Executive so they can have a good discussion in Finance Committee.
Brenner stated she would like to have the full 2014 contract list, not just January.
As soon as she gets that information, she will schedule it in Finance Committee.
3. ORDINANCE AMENDING ORDINANCE 2013 -027, TO ESTABLISH THE
SUPERIOR COURT FOURTH JUDGE COURTROOM RENOVATION PROJECT
FUND AND ESTABLISH A PROJECT BASED BUDGET FOR THE SUPERIOR
COURT FOURTH JUDGE COURTROOM RENOVATION PROJECT (AB2014 -206)
(7:17:53 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Whatcom County Council, 6/3/2014, Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
4. ORDINANCE AMENDING THE 2013 -2014 WHATCOM COUNTY BUDGET, 11TH
REQUEST, TO APPROPRIATE $1,422,464 TO FUND A TRANSFER FROM NON -
DEPARTMENTAL TO SUPERIOR COURT 4TH JUDGE REMODEL PROJECT FUND
(AB2014 -207) (7 :18 :57 PM)
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)
S. ORDINANCE REPEALING THE 1994 ELIZA ISLAND PLAN AND AMENDING
PROVISIONS IN THE WHATCOM COUNTY COMPREHENSIVE PLAN AND
ZONING CODE RELATING TO THE PLAN (AB2014 -196) (7 :19 :35 PM)
Mann reported for the Planning and Development Committee and moved to forward
for concurrent review.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
6. ORDINANCE REPEALING THE 1991 SOUTH FORK VALLEY SUBAREA PLAN
AND AMENDING PROVISIONS IN THE WHATCOM COUNTY COMPREHENSIVE
PLAN RELATING TO SUBAREA PLANS (AB2014 -197) (7 :20 :55 PM)
Mann reported for the Planning and Development Committee and moved to forward
for concurrent review.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
7. ORDINANCE REPEALING THE 1982 LAKE WHATCOM SUBAREA PLAN AND
AMENDING PROVISIONS IN THE WHATCOM COUNTY COMPREHENSIVE PLAN
RELATING TO SUBAREA PLANS (AB2014 -198) (7 :21 :21 PM)
Mann reported for the Planning and Development Committee and moved to forward
for concurrent review.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Whatcom County Council, 6/3/2014, Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
BOARD, COMMISSION, AND COMMITTEE APPOINTMENTS
1. NOMINATION AND APPOINTMENT TO FILL A VACANCY ON THE PORTAGE
BAY SHELLFISH PROTECTION DISTRICT ADVISORY COMMITTEE -
APPLICANT(S): ANDY ROSS (AB2014 -209) (7:21:59 PM)
Brenner moved to nominate and appoint Andy Ross.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
INTRODUCTION ITEMS
(7:22:40 PM)
Crawford moved to accept Introduction Items one through eight.
Mann withdrew item eight.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
1. ORDINANCE GRANTING ASTOUND BROADBAND, LLC A NON - EXCLUSIVE
FRANCHISE FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES AND
OTHER SERVICES (AB2013 -331)
2. 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)
3. ORDINANCE AMENDING ORDINANCE 2012 -050 (AMENDMENT #1)
ESTABLISHING THE BIRCH BAY DRIVE AND PEDESTRIAN FACILITY PROJECT
FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR THE BIRCH BAY
DRIVE AND PEDESTRIAN FACILITY PROJECT (AB2014 -216)
4. ORDINANCE AMENDING WHATCOM COUNTY CODE 8.10 SOLID WASTE AND
RESIDENTIAL RECYCLING COLLECTION (AB2014 -217)
5. ORDINANCE AMENDING ORDINANCE 2014 -13 (AMENDMENT #1)
ESTABLISHING THE TELECOMMUNICATIONS SYSTEM REPLACEMENT FUND
AND RELATED CAPITAL BUDGET APPROPRIATION (AB2014 -218)
6. ORDINANCE AMENDING ORDINANCE 2008 -025 (AMENDMENT #5), PROJECT
BUDGET NO. 2, WHICH ESTABLISHED THE INITIAL EAST WHATCOM
REGIONAL RESOURCE CENTER PROJECT BUDGET (AB2014 -219)
Whatcom County Council, 6/3/2014, Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
7. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, TWELFTH
REQUEST, IN THE AMOUNT OF $2,312,053 (AB2014 -220)
8. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 TO ALLOW
PACKINGHOUSES AND SLAUGHTERHOUSES IN THE AGRICULTURE (AG),
HIGH IMPACT INDUSTRIAL (HII), AND RURAL AND INDUSTRIAL
MANUFACTURING (RIM) ZONING DISTRICTS (AB2014 -060C)
Mann reported for the Planning and Development Committee and stated the
committee recommends a substitute version of the ordinance. He moved to accept the
substitute version for introduction. Everything is the same except a slaughterhouse in an
agricultural zone would require a conditional use permit, it would no longer need to be an
accessory use, and they would not limit of the number of facilities allowed.
Brenner stated she is against the substitute draft ordinance because it would be too
difficult and expensive for small operations to go through the conditional use process.
There should be a threshold under which the County would permit by administrative
approval.
Mann stated an administrative approval permit can also be appealed and go to the
Hearing Examiner anyway. Given how controversial this use is, any administrative permit
request will be appealed. The process will be difficult no matter what. There isn't an easy
permitting process for one of these operations. He can't support something that doesn't
have a high degree of review.
Brenner stated an administrative approval goes through County staff. A conditional
use permit goes through a longer process directly through the Hearing Examiner.
The motion to accept the substitute ordinance for Introduction carried by the
following vote:
Ayes: Mann, Crawford, Browne, Buchanan, Weimer and Kremen (6)
Nays: Brenner (1)
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
(7:27:33 PM)
DISCUSSION REGARDING THE USE OF ROUNDUP TO CONTROL ROADSIDE
VEGETATION (AB2014 -221)
Brenner reported for the Public Works, Health, and Safety Committee.
Weimer stated the Council hears the same concerns about pesticide and herbicide
use whenever this program is discussed. Whatcom County has won awards for working to
reduce the level of spraying. People have an opportunity to opt out of having their property
sprayed. They use it as little as possible. They have not found a good alternative that is
cost - effective. The Washington Toxics Coalition acknowledged the County for its plan in
2006. Some counties have not been spraying at all, so he will check with them to see
what's changed in eight years.
Brenner stated County staff will provide responses to the comments received today.
Whatcom County Council, 6/3/2014, Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
DISCUSSION REGARDING A CITIZEN PROPOSAL TO INSTALL A CROSSWALK
AT THE INTERSECTION OF LAKEWAY DRIVE AND PARKSTONE LANE
(AB2014 -203)
Brenner reported for the Public Works, Health, and Safety Committee. The
Committee recommended and she moved that the Council request the Public Works staff
bring forward a recommendation on the best location for a crosswalk on that stretch of
Lakeway Drive.
Crawford asked that they leave open all options for design and location. They must
apply accepted engineering standards for the design. Make sure the crosswalk doesn't
create a hazard.
Mann stated the committee recommended that the Council request the Public Works
Department staff to study a crossing design according to option B, a flashing amber light
crosswalk. They ruled out option A because it clearly is not safe enough, and option C was
too expensive. He prefers that they study a location at Oriental Avenue and bring back a
recommendation to the committee.
Jack Louws, County Executive, stated no vote is necessary. The Public Works
Department staff and administration will work on the committee's request.
Brenner withdrew her motion.
Browne submitted a draft letter (on file) and moved to write a letter to the
Washington State Recreation and Conservation Office supporting the Washington State
Parks and Recreation Commission's grant application to help fund sno -parks and trails as
part of the State Parks Winter Recreation Program.
Brenner asked if this commits the County to spending money.
Browne stated it does not.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Browne reported that he acknowledges the owner of Brigadoon Service Dogs, who
received an award from Senator Patty Murray for providing dogs to wounded warriors for
rehabilitation.
Brenner reported that she encourages councilmembers to attend the First Salmon
Ceremony, the YWCA celebrated 35 years, and she attended meeting in Lynden about an
alternative water plan proposal. Birch Bay has access to another aquifer, which they could
use to offset and increase the water flow that goes to the Nooksack River. She would like to
schedule a briefing for the Council.
Crawford reported he emailed councilmembers about dog kennels being allowed in
agricultural areas in the county. He would like to continue that discussion. Implementation
of culvert replacement for fish passage throughout the county has been delayed. It is going
to be a big deal and very costly. He suggests there be a presentation about impacts and
what the County will need.
Whatcom County Council, 6/3/2014, Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Browne reported the next water forum will be held in the Council Chambers on
Saturday, June 14 at 9:30 a.m. It is a Grange forum, and he will moderate.
Brenner stated that she suggests that councilmembers attend next year's Taste of
Tourism event.
ADJOURN
The meeting adjourned at 7:48 p.m.
The Council approved these minutes on July 8, 2014.
ATTEST:
Dana Brown- Davis, Council Clerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Whatcom County Council, 6/3/2014, Page 8