HomeMy WebLinkAboutCouncil April 28 20151
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WHATCOM COUNTY COUNCIL
Regular County Council Meeting
April 28, 2015
CALL TO ORDER
Council Chair Carl Weimer called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Pete Kremen,
Rud Browne and Barry Buchanan.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
Weimer announced there was discussion with Chief Civil Deputy Prosecutor
Daniel Gibson regarding two cases of pending litigation (Ruth vs. Whatcom
County; Becker vs. Whatcom County) (AB2015 -018) in executive session during the
Committee of the Whole meeting.
Browne moved to authorize the defense and indemnification for Daniel Padilla, a
Whatcom County employee, finding he was: 1. acting in a matter in which the County had
an interest, 2. was acting in the discharge of a duty imposed or authorized by law, and 3.
was acting in good faith.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Browne moved to authorize the defense and indemnification of the named officers,
Whatcom County employees, and contract employees finding they were: 1. acting in a
matter in which the County had an interest, 2. acting in the discharge of a duty imposed or
authorized by law, and 3. acting in good faith.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
CITIZEN BOARD AND COMMITTEE VACANCIES
Weimer announced vacancies on the Surface Mining Advisory Committee.
Regular County Council Meeting, 4/28/2015, Page 1
1 PUBLIC HEARINGS
2
3 1. ORDINANCE GRANTING SOUND INTERNET SERVICES, INC., A NON -
4 EXCLUSIVE FRANCHISE FOR THE PROVISION OF TELECOMMUNICATION
5 SERVICES(AB2014 -201A)
6
7 Weimer opened the public hearing and, hearing no one, closed the public hearing.
8
9 Buchanan moved to adopt the ordinance.
10
11 The motion carried by the following vote:
12 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
13 Nays: None (0)
14
15 2. ORDINANCE ESTABLISHING PARKING RESTRICTION ON BENNETT DRIVE
16 (AB2015 -118)
17
18 Weimer opened the public hearing, and the following person spoke:
19
20 Greg Brown stated he supports the restriction. He volunteers on the Sheriff's patrol
21 program. They often are marking abandoned cars and are often there in the early morning
22 hours. The apartment complex is full of kids. Kids have to walk between the cars to get to
23 the school bus. This restriction is a very good idea.
24
25 Hearing no one else, Weimer closed the public hearing.
26
27 Brenner moved to adopt the ordinance. There is no site distance at all at that
28 location. It's very dangerous. Removing the cars that are there all the time would create
29 much better site distance. The area also has a lot of crashes.
30
31 The motion carried by the following vote:
32 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
33 Nays: None (0)
34
35
36 OPEN SESSION
37
38 The following people spoke:
39 Dean Brett, Attorney, submitted a handout (on file) and spoke about the law
40 governing consideration of Gateway Pacific Terminal.
41J
42 Karen Frakes, Prosecuting Attorney's Office, stated she would review the handout
43 before councilmembers read it to make sure it is okay for the Council to read.
44
45 • Joy Gilfilen, Restorative Community Coalition, spoke about the behavioral health
46 alternatives to jail.
47 0 Greg Brown spoke about the resolution amending the 2015 Whatcom County
48 Flood Control Zone District budget (AB2015 -133) and the request for
49 authorization for the County Executive to enter into a contract with Veda
50 Environmental to provide facilitation services for the water resource inventory
51 area (WRIA) 1 Planning Unit meetings (AB2015 -140).
52 Irene Morgan, Restorative Community Coalition, spoke about potential locations
53 for the behavioral health alternatives to jail.
Regular County Council Meeting, 4/28/2015, Page 2
1
• Ray Baribou spoke about interviewing police and sheriff deputies regarding the
2
new jail project.
3
4
5
CONSENT AGENDA
6
7
Browne reported for the Finance and Administrative Services Committee and
8
moved to approve Consent Agenda items one through seven.
9
10
The motion carried by the following vote:
11
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
12
Nays: None (0)
13
14
1.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
15
GRANT AGREEMENT AMENDMENT BETWEEN WHATCOM COUNTY AND THE
16
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY FOR SOLID WASTE
17
COMPLIANCE MANAGEMENT AND LITTERING AND ILLEGAL DUMPING
18
ENFORCEMENT ACTIVITIES, IN THE AMOUNT OF $47,247, FOR A TOTAL
19
AMENDMENT AGREEMENT IN THE AMOUNT OF $201,987 (AB2015 -141)
20
21
2.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
22
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND BELLINGHAM
23
WHATCOM TOURISM TO AMEND THE SCOPE AND COMPENSATION FOR
24
IMPLEMENTING A COUNTYWIDE PROJECT, IN THE AMOUNT OF $50,000,
25
FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF $300,000 (AB2015-
26
142)
27
28
3.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
29
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND CATHOLIC
30
COMMUNITY SERVICES FOR HOUSING CASE MANAGEMENT SERVICES, IN
31
THE AMOUNT OF $38,634, FOR A TOTAL AMENDED CONTRACT IN THE
32
AMOUNT OF $326,736 (AB2015 -143)
33
34
4.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
35
CONTRACT BETWEEN WHATCOM COUNTY AND EDGE ANALYTICAL LABS FOR
36
WATER QUALITY ANALYTICAL TESTING SERVICES, IN THE AMOUNT OF
37
$67,500 (AB2015 -144)
38
39
S.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AWARD BID
40
#15 -05 AND ENTER INTO A CONTRACT FOR THE CENTRAL SHOP VEHICLE
41
EXHAUST SYSTEM UPGRADE TO THE LOW BIDDER, BLYTHE PLUMBING &
42
HEATING, IN THE AMOUNT OF $173,755.16 (AB2015 -145)
43
44
6.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AWARD BID
45
#15 -16 FOR RENTAL RATES FOR MAINTENANCE AND CONSTRUCTION
46
EQUIPMENT (WITHOUT OPERATORS) TO ALL BIDDERS, WITH SELECTION
47
FROM THE LIST BASED ON EQUIPMENT AVAILABILITY AND SUITABILITY,
48
WITH PREFERENCE TO LOW BIDDERS (AB2015 -146)
49
50
7.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
51
PURCHASE OF TIRES, TUBES, AND SERVICE USING THE WASHINGTON
52
STATE CONTRACT FROM VARIOUS LOCAL VENDORS ON AN AS NEEDED
Regular County Council Meeting, 4/28/2015, Page 3
1 BASIS, TOTAL ANNUAL EXPENDITURES COULD BE UP TO $80,000 (AB2015-
2 147)
3
4
5 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
6
7 ORDINANCE AMENDING WHATCOM COUNTY CODE 3.08, PURCHASING SYSTEM
8 (AB2015 -042)
9
10 Browne moved to change the effective date to October 1, 2015.
11
12 Brenner stated leave the ordinance as it is so they will get something else quicker.
13 They won't have any problems with the system as it is.
14
15 The motion carried by the following vote:
16 Ayes: Sidhu, Browne, Buchanan, Weimer and Kremen (5)
17 Nays: Brenner and Mann (2)
18
19
20 OTHER ITEMS
21
22 1. RESOLUTION SUPPORTING INCREASED SAFETY STANDARDS FOR OIL
23 TRANSPORT (AB2015 -153)
24
25 This item was withdrawn from the agenda.
26
27 2. ORDINANCE AMENDING THE 2015 WHATCOM COUNTY BUDGET, FIFTH
28 REQUEST, IN THE AMOUNT OF $136,500 (AB2015 -132)
29
30 Browne reported for the Finance and Administrative Services Committee and
31 moved to adopt the ordinance.
32
33 Brenner stated she's not comfortable that funding comes from the flood fund. It
34 has nothing to do with flooding. Other money is available for this. She asked if there is a
35 relationship between the two.
36
37 Jon Hutchings, Public Works Department Director, stated there is an ongoing
38 commitment to resolving legal questions about the total maximum daily load (TMDL) study.
39 They would like to bring this to a close soon, which requires a portion of this $80,000. They
40 have no other source of revenue presently under consideration, and it's entirely legal that
41 the money be spent in this matter. The two -year budget was written around substantial
42 allocations of the Flood Control Zone District money for stormwater work. He strongly urges
43 the Council to consider passing the ordinance. They can have a broader conversation in
44 the future about the appropriate funding for stormwater.
45
46 Mann asked if the Flood Control Zone District tax is countywide, including the city of
47 Bellingham. Hutchings stated it is.
48
49 Brenner stated the tax was passed to specifically address flood control issues. Since
50 then, it's been opened up more to other expenses. The city of Bellingham has flood control
51 issues. The money is for the good of all for flood control. She completely supports this
52 expense, but don't fund it the same way they fund other legal cases. This is a legal
53 mediation issue. It has nothing to do with flooding.
Regular County Council Meeting, 4/28/2015, Page 4
Browne stated he's puzzled about why this issue keeps coming up. He read Revised
Code of Washington (RCW) 86.15.080(2). It is a legal use of the funds.
Brenner stated she didn't say the use wasn't legal. That RCW was enacted after the
County voters approved the district. It happens all the time that they approve a fee or a
tax, and then the use is expanded. She didn't say it wasn't legal, but it's not appropriate.
Mann asked if it would make Councilmember Brenner feel better if the name of the
fund included surface water.
Brenner stated it would, if it first went to the voters for approval. She's fine with
putting an item on the ballot to change the name and approve the expanded use of the
funds. There was a lot of support for the district when it was enacted because it was about
flood control. All jurisdictions in Whatcom County have flood issues. If they keep spending
from the flood fund, there won't be any money available when there is a big flood. This is
an issue that should be paid from another fund. She moved to amend to remove the
$80,000 from the ordinance.
Weimer stated this is not new. They started to use this flood money for a variety of
watershed planning and water quality issues in 1998. It's all legal under the State law.
There have been multiple legal discussions about this over and over, every time the flood
fund comes up. He is against the motion to amend.
Brenner stated she never said it wasn't legal.
Mann stated he doesn't understand the concern. He asked if Councilmember
Brenner only wants to use the fund for specific flood control infrastructure.
Brenner stated it should be used for flood control - related issues. This isn't related to
flood control. It's a good issue that needs to happen, but don't fund it from the flood fund.
The County has been lucky that it hasn't experienced a bad flood for a while, but it's just a
matter of time until it happens again. This fund was initially created to be available in a
crisis, but they keep using the funds on issues not related to flood control, even though it's
legal.
Kremen stated this is an issue about which people can validly argue both sides. Both
issues are extremely important. Protecting the citizens from devastating floods is
important, and is the reason the fund was initially created. Water quality protection is also
important. This issue is a good thing. It makes them realize that there isn't enough
money to address all these issues. Protecting Lake Whatcom is expensive. They need to
look at it realistically. They can't continue to build efforts to protect Lake Whatcom on the
flood fund. They need to determine where to get that money from. The $80,000 is not
going to make or break the flood fund, which is why he won't support the motion to amend.
However, the administration and Council should look for other revenue streams and sources
to help with stormwater and other efforts to protect Lake Whatcom and other water bodies
in Whatcom county.
Browne stated he calls the question.
Regular County Council Meeting, 4/28/2015, Page 5
1 The motion to amend failed by the following vote:
2 Ayes: Brenner (1)
3 Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (6)
4
5 The motion to adopt carried by the following vote:
6 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
7 Nays: None (0)
8
9 3. RESOLUTION AMENDING THE 2015 WHATCOM COUNTY FLOOD CONTROL
10 ZONE DISTRICT BUDGET, FIRST REQUEST, IN THE AMOUNT OF $80,000
11 (AB2015 -133)
12
13 (Council acting as the Whatcom County Flood Control Zone District Board of
14 Supervisors.)
15
16 Browne reported for the Finance and Administrative Services Committee and
17 moved to approve the resolution.
18
19 Brenner stated she is against the resolution. The Council could support it because of
20 the budget amendment, but fund it from a different source.
21
22 The motion carried by the following vote:
23 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (6)
24 Nays: Brenner (0)
25
26 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
27 LEASE AGREEMENT BETWEEN WHATCOM COUNTY FLOOD CONTROL ZONE
28 DISTRICT AND PERCY HOEKEMA, DBA EVERNOOK DAIRY, FOR PROPERTY
29 LOCATED AT 7435 EMMERSON ROAD, EVERSON, IN THE ANNUAL AMOUNT
30 OF $1,015.56 (AB2015 -139)
31
32 (Council acting as the Whatcom County Flood Control Zone District Board of
33 Supervisors.)
34
35 Browne reported for the Finance and Administrative Services Committee and
36 moved to approve the request.
37
38 The motion carried by the following vote:
39 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
40 Nays: None (0)
41
42 S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
43 CONTRACT BETWEEN WHATCOM COUNTY AND VEDA ENVIRONMENTAL TO
44 PROVIDE FACILITATION SERVICES FOR THE WRIA 1 PLANNING UNIT
45 MEETINGS, IN THE AMOUNT OF $30,000 (AB2015 -140)
46
47 (Council acting as the Whatcom County Flood Control Zone District Board of
48 Supervisors.)
49
50 Browne reported for the Finance and Administrative Services Committee and
51 moved to approve the request.
52
53
Regular County Council Meeting, 4/28/2015, Page 6
1 The motion carried by the following vote:
2 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
3 Nays: None (0)
4
5 6. RESOLUTION TO DEDICATE THE NEW POTTER ROAD SOUTH FORK
6 NOOKSACK RIVER BRIDGE NO. 148; CRP NO. 998027 (AB2015 -148)
7
8 This item was withdrawn from the agenda.
9
10 7. APPROVAL OF THE DRAFT PUBLIC PARTICIPATION PLAN FOR WHATCOM
11 COUNTY COMPREHENSIVE PLAN AND DEVELOPMENT REGULATION
12 AMENDMENTS (AB2015 -149)
13
14 Mann reported for the Planning and Development Committee and moved to approve
15 the plan.
16
17 The motion carried by the following vote:
18 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
19 Nays: None (0)
20
21
22 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
23
24 1. APPOINTMENT TO THE SUMAS / EVERSON/ NOOKSACK FLOOD SUBZONE,
25 APPLICANTS: JERRY JUERGENS, LARRY MADES, AND THOMAS SWARTWOOD
26 (AB2015 -089)
27
28 (Council Acting as the Whatcom County Flood Control Zone District Board of
29 Supervisors.)
30
31 Browne nominated all three applicants.
32
33 Weimer voted for Mades and Swartwood.
34
35 Browne voted for Juergens and Mades
36
37 Mann voted for Mades and Swartwood.
38
39 Sidhu voted for Juergens and Mades.
40
41 Brenner voted for Juergens and Mades.
42
43 Kremen voted for Juergens and Mades.
44
45 Buchanan voted for Juergens and Mades.
46
47 Weimer stated Jerry Juergens and Larry Mades are appointed.
48
49 Browne stated there are positions available as alternates to the Advisory Committee.
50 He encouraged people to apply.
51
52
53
Regular County Council Meeting, 4/28/2015, Page 7
EXECUTIVE APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S CONCURRENT
REAPPOINTMENT OF BARBARA PLASKETT, CITY APPOINTMENT, TO THE
BELLINGHAM- WHATCOM COUNTY HOUSING AUTHORITIES BOARD OF
COMMISSIONERS (AB2015 -150)
Buchanan moved to confirm the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
2. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
ZACCHARELI FRESCO BALDI- GRIMALDI TO THE AMERICAN'S WITH
DISABILITIES ACT (ADA) COMPLIANCE COMMITTEE (AB2015 -151)
Sidhu stated he's worked with this gentleman before. He's a great guy.
Mann moved to confirm the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
INTRODUCTION ITEMS
Weimer stated Introduction Item three is held in committee.
Mann moved to accept Introduction Items one and two.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
1. RECEIPT OF APPLICATION TO THE SURFACE MINING ADVISORY
COMMITTEE, GEOLOGIST POSITION, APPLICANT(S): LYNNI . BENNETT
(AB2015 -136) (APPLICATION DEADLINE FOR ANY OTHER APPLICANTS TO
THIS VACANCY IS 10 A.M. ON MAY 5, 2015)
2. RESOLUTION APPROVING AN AGREEMENT FOR SALE OF A LICENSE TO
PROVIDE LEGAL PROPERTY ACCESS OVER COUNTY -OWNED LAND (AB2015-
152)
3. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 TO ALLOW
VACATION RENTAL UNITS AS AN ACCESSORY USE (AB2015 -072A)
Regular County Council Meeting, 4/28/2015, Page 8
1 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
2
3 Buchanan reported for the Natural Resources Committee on the presentation by
4 Whatcom County Dairy Ambassador Jana Plagerman: "Our Youth, Our Future of
5 Dairy in Whatcom County" (AB2015 -154).
6
7 Mann reported for the Planning and Development Committee on the discussion of a
8 proposed ordinance amending Whatcom County Code Title 20 to allow vacation
9 rental units as an accessory use (ordinance tentatively scheduled for introduction
10 this evening) (AB2015- 072A). This item is held in committee for two weeks.
11
12 Browne reported for the Finance and Administrative Services Committee regarding
13 the presentation by Kevin Menard, Transition Bikes (AB2015- 134A).
14
15 Brenner reported for the Public Works, Health, and Safety Committee regarding the
16 Independent Lummi Island Citizens Committee to present information on the
17 Lummi Island Ferry system (AB2015 -156) and the presentation on restorative
18 justice (AB2015 -157).
19
20 Brenner reported that there was a discussion in Finance Committee about the
21 Opportunity Council proposal, which she supports. Also, she attended a charrette about the
22 Kendall /Columbia Valley Connectivity Plan Association.
23
24 Sidhu reported that he attended an annual event at Lynden Sikh Temple. Executive
25 Louws and Sheriff Elfo attended the event that had about 3,000 people who attended.
26
27 Kremen reported that Congress reauthorized the Secure Rural Schools Program. It is
28 retroactive from fiscal year 2014 and funds 2015.
29
30 Brenner reported that she attended a presentation by the Lummi Nation about
31 investing in our future. She learned about a lot of social service programs. She also
32 attended an oil spill preparedness workshop, which was informative and helpful. The
33 workshop addressed tanker ships, but she would have liked to see something about trains.
34
35 Mann reported he attended a Farm Friends board meeting with Councilmember
36 Sidhu. They appreciated having councilmembers attend the meeting. The Council must
37 make sure to interact with those folks more often. He recommends that other
38 councilmembers attend the Farm Friends board meetings.
39
40 Buchanan stated he agrees with Councilmember Mann. He attended a Farm Friends
41 meeting, and had the same experience.
42
43 Browne reported that on April 25, 1915, his grandfather Claude, along with several
44 thousand other people, landed on the beach in Gallipoli, Turkey, as part of the first world
45 war, and proceeded to fight for seven months. They later went on to France. This
46 Saturday, he joined 10,000 other people on the beach in Turkey to commemorate their
47 service. It was a very interesting and moving experience.
48
49 Weimer reported that the National Association of Counties is beginning its nationwide
50 initiative to keep people with mental health issues out of jails. It sounds like they may have
51 some grant money available to local communities, which will dovetail nicely with current
52 County initiatives.
53
Regular County Council Meeting, 4/28/2015, Page 9
1
2 ADJOURN
3
4 The meeting adjourned at 7:58 p.m.
5
6 The County Council approved these minutes on August 4, 2015..
7
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Regular County Council Meeting, 4/28/2015, Page 10