HomeMy WebLinkAboutCouncil June 23 20151 WHATCOM COUNTY COUNCIL
2 Regular County Council Meeting
3
4 June 23, 2015
5
6 CALL TO ORDER
7
8 Council Chair Carl Weimer called the meeting to order at 7:00 p.m. in the Council
9 Chambers, 311 Grand Avenue, Bellingham, Washington.
10
11
12 ROLL CALL
13
14 Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Pete Kremen,
15 Rud Browne and Barry Buchanan.
16 Absent: None.
17
18
19 FLAG SALUTE
20
21
22 ANNOUNCEMENTS
23
24 Weimer announced there was a Committee of the Whole meeting this afternoon to
25 talk about jail issues. The Committee made no decisions.
26
27
28 SPECIAL PRESENTATION
29
30 1. EXECUTIVE JACK LOUWS TO MAKE A SPECIAL PRESENTATION TO COUNTY
31 AUDITOR DEBBIE ADELSTEIN (AB2015 -017)
32
33 Jack Louws, County Executive, stated he honors Whatcom County Auditor Debbie
34 Adelstein as Auditor of the Year, as designated by the Secretary of State.
35
36 Debbie Adelstein, County Auditor, stated she never expected such an award for
37 doing her job. She does her best and hopes everyone has a positive experience.
38
39
40 PUBLIC HEARINGS
41
42 1. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 5.20,
43 FIREWORKS, TO ADD A SECTION TITLED PERIOD OF USE (AB2015 -191)
44
45 Weimer opened the public hearing, and the following people spoke:
46
47 Ray Baribou stated he speaks on behalf of all dogs and animals in the county.
48 Someone near him in the Britton area sets off fireworks and artillery. He asked how they
49 will be able to enforce the ordinance.
50
51 Paul Davis stated he is in favor of fireworks. He has sold them in the Birch Bay area
52 for 25 years. His dogs don't like fireworks, but they don't like trains either. A lot of people
53 get out of hand, but they can't prevent people from doing stupid things. The use of illegal
Regular County Council Meeting, 6/23/2015, Page 1
fireworks will be an enforcement issue, but that will bring revenue from fines. Make
everyone abide by the same rules.
Steve Woodrich stated he has sold fireworks for 15 years. He uses the money to
take his foster kids on vacation and other family outings. They sell fireworks between June
8 to July 4. There's no reason to sell them on July 5. He asked if this ordinance affects the
days that fireworks can be sold.
Matthew Goggins stated he is opposed to the ordinance. People should be allowed to
use their fireworks. It's unfortunate if people complain, but the need for an ordinance isn't
required. If the Council does adopt the ordinance, allow fireworks on New Years Eve.
Michael Hill stated nothing addresses Canada Day. Birch Bay has a big tourism
industry. Many people come to that area. An ordinance will stop tourism that includes
fireworks.
Hearing no one else, Weimer closed the public hearing.
Brenner moved to adopt the ordinance. The motion was seconded. She stated she
drafted the ordinance last February. She worked with the Sheriff, who said 80 to 90
percent of the public will do the right thing. It will cut down on some problems. It has
nothing to do with when people can buy fireworks. This isn't a ban. It's a limitation. It is
allowed on New Year's Eve. Over the years, people have set off fireworks beyond just the
Fourth of July and New Year's Eve. Before tonight's meeting, more people supported the
ordinance than who opposed it, including people from Birch Bay. The ordinance provides a
balance between people who want to celebrate these holidays and people who are
traumatized by the noise.
Mann stated he was surprised that the support for the ordinance outweighs the
opponents of the ordinance. He supports the ordinance.
Kremen stated he has grappled with the issue because he had a dog who was
traumatized by the noise. He is also aware that veterans often have issues with the sound.
Fire concerns are also to be considered. They have dryer temperatures and weather
conditions. He's always been concerned about passing an ordinance that they aren't able to
enforce. He and Councilmember Brenner spoke with Sheriff Elfo, who also supports the
ordinance and indicated he will enforce the ordinance.
Buchanan stated he also supports the ordinance. It won't take effect for a year, per
State law.
Browne stated he agrees with the ordinance. The local economy is very
appreciative of Canadian tourism and is considering amending the dates to not discourage
tourists from celebrating Canada Day. He moved to amend the ordinance to allow
fireworks on July 1 from 6:00 p.m. to midnight and on July Z from 6:00 p.m. to 11:00 p.m.
The motion was not seconded.
Brenner stated this is very hard on animals, veterans, and people who have to work
the next day. Some other time, she may be willing to create a special permit for a
community association who wants to do a celebration. The County would be reassured they
will be careful and safe. The ordinance will make it easy for deputies to know when it's
allowed and when it's not.
Regular County Council Meeting, 6/23/2015, Page 2
1
2
The motion to adopt carried by the following vote:
3
Ayes:
Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
4
Nays:
None (0)
5
6
7
OPEN SESSION
8
9
The following
people spoke:
10
•
Tim Douglas spoke about the proposed Charter amendment to create five
11
Council districts.
12
•
Mike Estes submitted a handout (on file) and spoke about the proposed
13
Charter amendment to create five Council districts.
14
•
Abe Jacobsen submitted a handout (on file) and spoke about amending the
15
County Charter.
16
•
Janet Marino spoke about the proposed Charter amendment to change the
17
referendum and initiative process.
18
•
Edward Ury spoke about the proposed Charter amendment to create five
19
Council districts.
20
•
Dan McShane submitted a handout (on file) and spoke about the proposed
21
Charter amendment to affirm the Legislative authority granted to the County
22
Council by the Washington State Constitution.
23
•
Todd Donovan spoke about the proposed Charter amendment to create five
24
Council districts.
25
•
Alex Ramel spoke about the Charter Review Commission proposals.
26
•
Mitch Friedman spoke about the Charter Review Commission.
27
•
Lisa McShane spoke about the proposed Charter amendment to create five
28
Council districts.
29
•
Greg Brown spoke about spending taxpayer money on invasive species,
30
supports Executive's option 1, and the Charter Review Commission.
31
•
Matthew Goggins spoke about the proposed Charter amendments and the
32
proposed new jail.
33
•
David McCluskey spoke about the Charter Review Commission process.
34
•
Irene Morgan, Restorative Community Coalition Chairman, submitted a a
35
handout (on file) and spoke about the proposed new jail.
36
•
Patrick Alesse spoke about the proposed jail tax and the proposed Charter
37
amendment to create five Council districts.
38
•
Matt Petryni spoke about the proposed Charter amendment to create five
39
Council districts.
40
•
Andronetta Douglas spoke about the proposed Charter amendment to create
41
five Council districts.
42
•
Joy Gilfilen spoke about the proposed new jail.
43
•
Daniel Croats spoke about building a Mt. Baker running trail and Chapter 9 of
44
the Parks Comprehensive Plan.
45
•
Carol Perry spoke about the proposed new jail.
46
•
Brooks Anderson spoke about thanking the Council.
47
48
Brenner stated her proposal in 2008 was for a countywide voting system, not for an
49 at -large council.
50
51
52
Regular County Council Meeting, 6/23/2015, Page 3
1 CONSENT AGENDA
2
3
Browne reported for the Finance and Administrative Services Committee and
4
moved to approve Consent Agenda items one through nine.
5
6
Brenner moved to withdraw item eight. The motion was seconded.
7
8
The motion to approve Consent Agenda items one through seven and nine carried by
9
the following vote:
10
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
11
Nays: None (0)
12
13
1.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
14
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND PIONEER
15
HUMAN SERVICES FOR THE OPERATION OF DETOX SERVICES PROVIDED AT
16
THE WHATCOM COUNTY BEHAVIORAL HEALTH TRIAGE CENTER, IN THE
17
AMOUNT OF $307,493, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT
18
OF $852,633 (AB2015 -193)
19
20
2.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
21
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND NORTHWEST
22
YOUTH SERVICES TO PROVIDE CASE MANAGEMENT SERVICES IN
23
ASSOCIATION WITH THE WHATCOM HOMELESS SERVICE CENTER, IN THE
24
AMOUNT OF $47,955, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT
25
OF $156,009 (AB2015 -194)
26
27
3.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
28
CONTRACT BETWEEN WHATCOM COUNTY AND SUN COMMUNITY SERVICE
29
FOR OPERATION OF THE SUN HOUSE EMERGENCY SHELTER, IN THE AMOUNT
30
OF $242,235 (AB2015 -195)
31
32
4.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
33
CONTRACT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL
34
TO PROVIDE CHILD DEVELOPMENT SERVICES TO ELIGIBLE CHILDREN AGES
35
BIRTH TO THREE WITH DEVELOPMENTAL DISABILITIES AND DELAYS, IN A
36
VARIABLE AMOUNT DEPENDING ON NUMBER OF CLIENTS AUTHORIZED,
37
WITH AN ESTIMATED AMOUNT OF $52,375 (AB2015 -196)
38
39
S.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
40
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM CENTER FOR
41
EARLY LEARNING TO PROVIDE CHILD DEVELOPMENT SERVICES TO
42
ELIGIBLE CHILDREN AGES BIRTH TO THREE WITH DEVELOPMENTAL
43
DISABILITIES AND DELAYS, IN A VARIABLE AMOUNT DEPENDING ON
44
NUMBER OF CLIENTS AUTHORIZED, WITH AN ESTIMATED AMOUNT OF
45
$134,625 (AB2015 -197)
46
47
6.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
48
RESIDENTIAL LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND
49
SHANNON ANDREWS AND PARKER MATHEWS FOR THE TENANT LAKE
50
APARTMENT AT HOVANDER HOMESTEAD PARK, IN THE AMOUNT OF $725
51
PER MONTH (AB2015 -198)
52
Regular County Council Meeting, 6/23/2015, Page 4
1 7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #15 -24,
2 AND ENTER INTO A CONTRACT FOR THE ANNUAL DRYDOCK, REPAIRS AND
3 MAINTENANCE OF THE WHATCOM CHIEF FERRY TO THE LOW BIDDER,
4 PUGLIA ENGINEERING IN THE AMOUNT OF $464,289 (AB2015 -199)
5
6 8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #15 -49
7 FOR THE ANNUAL SUPPLY OF ASPHALTIC MIXES TO BOTH BIDDERS,
8 GRANITE CONSTRUCTION AND WHATCOM BUILDERS, IN AN AMOUNT THAT
9 COULD EXCEED $50,000 (AB2015 -200)
10
11 Browne reported for the Finance and Administrative Services Committee and
12 moved to approve the request.
13
14 Brenner stated there should be a spending lid that is a little higher than what is
15 usually spent. Anything more than that can come to the Council. If there is an emergency,
16 the County Executive can take care of it. As it is, it's too open- ended. The process hasn't
17 been abused, but she doesn't want to take a chance in the future. She doesn't support the
18 request.
19
20 The motion carried by the following vote:
21 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (6)
22 Nays: Brenner (1)
23
24 9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD RFP #15 -50,
25 AND TO ENTER INTO A CONTRACT WITH NW COMMUNICATIONS FOR
26 MAINTENANCE AND REPAIR OF COMPONENTS OF THE COUNTY'S TWO -WAY
27 RADIO SYSTEMS, IN AN ESTIMATED AMOUNT OF $75,000 (AB2015 -201)
28
29
30 OTHER ITEMS
31
32 1. ORDINANCE AMENDING THE 2015 WHATCOM COUNTY BUDGET, SEVENTH
33 REQUEST, IN THE AMOUNT OF $213,400 (AB2015 -188)
34
35 Browne reported for the Finance and Administrative Services Committee and
36 moved to adopt the ordinance.
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 2. RESOLUTION AMENDING THE 2015 WHATCOM COUNTY FLOOD CONTROL
43 ZONE DISTRICT BUDGET, THIRD REQUEST, IN THE AMOUNT OF $25,000
44 (AB2015 -189)
45
46 (Clerk's Note: Council Acting as the Whatcom County Flood Control Zone District
47 Board of Supervisors.)
48
49 Browne reported for the Finance and Administrative Services Committee and
50 moved to approve the resolution.
51
Regular County Council Meeting, 6/23/2015, Page 5
1 Brenner stated she is against the motion because this expense shouldn't come out of
2 the flood fund. It doesn't have anything to do with flood control. They keep spending flood
3 funds when they should save for a really bad flood.
4
5 The motion carried by the following vote:
6 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (6)
7 Nays: Brenner (1)
8
9 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
10 CONTRACT BETWEEN WHATCOM COUNTY AND NEHALEM MARINE
11 MANUFACTURING FOR THE FABRICATION, TRANSPORT AND INSTALLATION
12 OF A FLOOD GATE ASSEMBLY AND MUTED TIDAL REGULATOR FOR THE DE
13 BOER CULVERT REPLACEMENT PROJECT, IN THE AMOUNT OF $53,561.03
14 (AB2015 -192)
15
16 (Clerk's Note: Council Acting as the Whatcom County Flood Control Zone District
17 Board of Supervisors.)
18
19 Browne reported for the Finance and Administrative Services Committee and
20 moved to approve the request.
21
22 The motion carried by the following vote:
23 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
24 Nays: None (0)
25
26 4. REQUEST AUTHORIZATION OF A TEMPORARY CLOSURE OF LOOMIS TRAIL
27 ROAD (AB2015 -190)
28
29 Brenner reported for the Public Work, Health, and Safety Committee and moved to
30 approve the request.
31
32 The motion carried by the following vote:
33 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
34 Nays: None (0)
35
36 S. REQUEST AUTHORIZATION OF A TEMPORARY CLOSURE OF DOUGLAS ROAD
37 (AB2015 -202)
38
39 Brenner reported for the Public Works, Health, and Safety Committee and moved
40 to approve the request.
41
42 The motion carried by the following vote:
43 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
44 Nays: None (0)
45
46 6. DISCUSSION OF A LUMMI ISLAND FERRY FARE PROPOSAL AND APPROVAL
47 OF REQUEST TO HAVE PUBLIC WORKS STAFF PREPARE NECESSARY
48 DOCUMENTS TO ENACT PROPOSED CHANGES (AB2014 -426A)
49
50 Brenner reported for the Public Works, Health, and Safety Committee and moved
51 approval.
52
53 Kremen stated he thanks staff for working closely with Lummi Island citizens.
Regular County Council Meeting, 6/23/2015, Page 6
Mann asked if the recommendation is to send it forward for a public hearing.
Brenner asked if this will be scheduled in committee.
Jon Hutchings, Public Works Department Director, stated an ordinance will be
introduced to amend the Unified Fee Schedule. After that, it will have a public hearing. It
won't go to committee. The Council will see a copy of the information they've seen, a
summary of the changes to the fee structure, and it will be placed in the format of the
Unified Fee Schedule.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
7. RESOLUTION SUBMITTING A PROPOSITION TO THE QUALIFIED VOTERS OF
WHATCOM COUNTY AUTHORIZING A LOCAL SALES AND USE TAX OF TWO -
TENTHS OF ONE PERCENT FOR THE PURPOSE OF PROVIDING FUNDS FOR
COSTS ASSOCIATED WITH FINANCING, DESIGNING, ACQUIRING,
CONSTRUCTING, EQUIPPING, OPERATING, MAINTAINING, REMODELING,
REPAIRING, RE- EQUIPPING, AND IMPROVEMENT OF JAIL FACILITIES AND
OTHER PUBLIC SAFETY PURPOSES (AB2015 -047H)
Brenner moved to approve the revised resolution and to authorize the Executive to
place the measure on the ballot and re -work the jail facility use agreement (JFUA) with the
cities as described in option one. The motion was seconded.
Jack Louws, County Executive, stated he recommends that the Council approve
option one. He would then work on meeting with the small cities to amend the JFUA.
Mann stated the references to the jail facility use agreement have been removed
from the resolution. He asked how they tie the ballot measure to the JFUA.
Tyler Schroeder, Executive's Office, described the changes to the resolution.
Mann asked why they would do it in this order. Louws stated August 4 is coming up
very quickly. They have challenges in bringing everyone together. This allows for the ballot
measure, and gives them the time to resubmit the JFUA to the Cities. The financial
contributions that the Cities have been asked to make is for about 26 beds for the small
cities; 50 beds for the Lummi Nation, Department of Corrections and Nooksack Tribe; and
about 100 beds for the City of Bellingham. If any of those entities, particularly Bellingham,
decided to not participate, Whatcom County would have the funds to build a jail that is
smaller than the original design. At that time, Bellingham wouldn't have first priority for
bed space as written in the JFUA.
Mann asked if this would require a complex reworking of the JFUA if Bellingham
decides not to participate. Louws stated revising the JFUA is not complicated in the overall
scheme of things. They can scale the project based on who wants to contribute and
participate.
Mann asked if they will know what the agreement will look like before the voters vote
on it. Louws stated he's convinced the small cities won't take action on the JFUA until the
Whatcom County Council has passed it.
Regular County Council Meeting, 6/23/2015, Page 7
1
2 Mann asked if the process is that the Council will vote to approve the ballot
3 resolution, then vote to approve the JFUA. After that, the Executive will work with the small
4 cities. Louws stated that's correct.
5
6 Weimer asked why they need a date for reaching a long -term agreement. He asked
7 why they would not pass the JFUA and the resolution on the same evening. Louws stated
8 they have to start educating the public. If everyone is convinced to put this on the ballot
9 for the voters, then he asks the Council make that happen. He will turn around a revised
10 JFUA very quickly.
11
12 Weimer asked if there should be a date by which the County needs a decision from
13 all the cities. Louws stated the sooner they can get an answer from all, the better. If
14 everyone wants to make this happen, it must be on the ballot to move forward. He
15 encourages the Council to vote tonight to authorize the ballot measure. He appreciates
16 another vote to give him instruction to go forth with option one to rework the JFUA.
17
18 Browne stated he will support the motion. He recognizes and respects the concerns
19 of the citizens about diversion programs. If they get immediately on the task of filling the
20 jail diversion task force to bring forward recommendation, they have time because the
21 Executive has to negotiation the jail use agreement with the other cities. Work will occur in
22 the design and contracts that have to be let for the jail. They can do those things in
23 parallel. The most critical deadline is to get this on the ballot, or else it will be delayed at
24 least a year.
25
26 Buchanan asked if option one precludes the Council from negotiating terms with the
27 City of Bellingham. Louws stated they will be past that stage. If they recommend option
28 one, it is the JFUA as written and reworked for the participating cities. As County Executive,
29 he will get together with the small city mayors and City of Bellingham to make it the same
30 and also move it forward. The County Council can continue to work with the City of
31 Bellingham, but the Council will have to clearly articulate what to change in the agreement.
32 The burden is on the Council at that point. He can't negotiate when the City of Bellingham
33 hasn't clearly articulated its position. Any changes have to be approved by all the small
34 cities. It's not appropriate to choose option one with the idea of continuing to negotiate.
35
36 Kremen stated he is reluctant to move forward without all the cities. He would like
37 to be able to work with the other cities, but it's probably not feasible in the time left to
38 expect continued negotiation without going back to the small cities first. He would like to
39 move forward with option one and continue to work with the City of Bellingham on jail
40 alternatives and diversion programs. Louws stated they can do that. The City of
41 Bellingham provided a list of items this afternoon that it would like in the agreement.
42
43 Kremen stated that he fears any agreement with the City of Bellingham at this point
44 will cause the agreement with the small cities to unravel. They can't take that risk. He is
45 inclined to move forward, but be diligent and make a concerted effort to work with the City
46 of Bellingham on the issues of common interest, specifically diversion and alternatives to
47 incarceration.
48
49 Brenner stated the County Council voted 6 -1 to meet with the City of Bellingham,
50 but the City turned the County down. The reason they're at the 11th hour is not the County
51 Council's doing. They have tried hard to work with the City. Work with them in the future,
52 especially on issues they can agree on. It's past time to move on with this.
53
Regular County Council Meeting, 6/23/2015, Page 8
1 Browne stated he would like to have the City of Bellingham be a partner, but
2 whether or not they participate doesn't change the County's need to do something about
3 the jail. They have a serious issue. They have to get the project done. They have to get
4 this new facility. Councilmember Buchanan asked if the Council can vote on this now and
5 work on the joint use agreement after, and Executive Louws stated they could not.
6 However, the Executive's memo proposes passing a resolution to authorize the ballot
7 measure and rework the JFUA as requested. Approval of the jail facility use agreement was
8 struck from the resolution. He asked if they can do these in sequence rather than
9 concurrently. Louws stated they can pass the resolution tonight. They will work on the jail
10 facility use agreement, which will come back to the Council for approval before going to the
11 small cities. The Council may be able to make small adjustments that don't unravel the
12 deal. If there are major shifts in the funding formula, they will have to reconsider the bond
13 consultants and everyone engaged. The administration shifted about $25 million to the
14 County from the cities.
15
16 Browne stated he supports the recommendation and supports the Executive
17 continuing to lead negotiations, not the Council, because he is more intimately involved in
18 the process and is working full time on it.
19
20 Sidhu stated the question needs to be put on the ballot. It is ultimately the decision
21 of the voters. The best thing they can do is work collaboratively. He hopes the City of
22 Bellingham will come around and participate. He believes the Executive will negotiate on
23 behalf of the County.
24
25 Weimer asked if the Tribes are included in the discussion and are committed to this
26 into the future. Louws stated he's met with Tribal representatives at the Lummi Nation
27 about the clause in the document that would charge parties not associated with the JFUA an
28 additional charge to reimburse the cities and County for their capital contribution. The
29 Lummi Nation uses about eight percent of the jail space right now. They are going to have
30 a substantial charge over and above what they're charged right now, based on a $50
31 additional per diem cost. The Lummi Nation doesn't provide sales tax or property tax to
32 Whatcom County. The County doesn't have any legal responsibility to pay for decisions
33 made by the Tribal government judicial system. The Lummi Nation is well aware of the
34 agreement. The Nooksack Tribe is an extremely small user of the facility. They only use a
35 few bed days per year, not a percentage. He has not engaged them.
36
37 Mann stated going to the City of Bellingham last with a JFUA, when they are more
38 than double all the population of all the other cities combined, and then not negotiating due
39 to a lack of time is not acceptable. He won't support option one. The jail is too expensive
40 and he won't support it.
41
42 Louws stated that all cities received the agreement at the very same time, on April
43 10. The City of Bellingham was the last to respond. The City Council chose not to act on
44 this agreement until after the Whatcom County Council acted on it. They voted and
45 suggested four guiding principles that are very difficult to interpret. They've had the exact
46 same amount of time as all the other cities.
47
48 Mann stated he apologizes, and that he misunderstood. However, they've all only
49 had the documents since April 10. Executive Louws gave a presentation to all the small
50 cities, and to Bellingham last. Louws stated he attended the Bellingham City Council as
51 soon as they could schedule him. He would have gone sooner had they scheduled him
52 sooner.
53
Regular County Council Meeting, 6/23/2015, Page 9
Browne asked how much time was spent before April 10 discussing the issue with the
various parties at the different cities. Louws stated he started negotiating and talking to the
Bellingham Mayor on September 20, 2014. They worked on it off and on since then. They
kept the small cities engaged also. They were seriously engaged in early 2015. He
appreciates the staffs of the small cities, who did a great amount of work. He asked for
final comments by the middle of March. Final comments from the City of Bellingham arrived
in early April. He had to scramble to get it to everyone on April 10.
Browne stated it's fair to say that Bellingham has been engaged in the negotiations
for about eight months. Louws stated it is. They have gotten close to a decision several
times. A decision of the County Council is necessary to move forward.
Weimer stated he is having a hard time forwarding this motion this evening. He's
committed to getting something on the ballot. He heard something different from the
Bellingham City Council Members than from the Bellingham Mayor. The Mayor's proposal
and those 14 points is a non - starter. The County can't make that work. However, it seems
like the ballot measure will die without the City of Bellingham. The City Council members
seemed like they would not go along with it. He doesn't know how to put out a ballot
measure to citizens, almost half of who live in Bellingham, and ask them to support a
County jail that they won't have access to. It makes sense to try to reach out to the City
Council and work it out.
Brenner stated the City hasn't wanted to work with the County. The more they stall,
the more disruptive it is to the public trust. The County needs to move forward. She hasn't
seen a good faith effort from the City. She doesn't want to give the public the impression
that the County is being wishy washy.
Browne stated the City of Bellingham doesn't have any place to put its
misdemeanants if it doesn't participate. However, anyone who commits a felon will still be
housed in the County jail. The County is providing services for the City, although it's the
County's mandated requirement. If the City is 40 percent of the population, then about 40
percent of the felons will come from the city of Bellingham.
Sidhu asked about setting a per diem rate for the City for inmates, like they will do
with the Tribes, if they don't sign on to the agreement. Louws stated they could do that.
There will be some opportunity to rent beds to the Tribes and Bellingham. However, they
risk us running out of bed space in the future as the population grows. Keep in mind that
the City of Bellingham still has to use that money from the sales tax for purposes as defined
by State law. They will obviously need it. The agreement as written asks for $1.75 million
per year from all the cities. Bellingham's contribution is about $1.25 million. The City will
have about $800,000 of new revenue per year starting in 2019. That amount will grow to
an average of $1.7 million over the life of the bond. The City will have quite a bit of new
money to direct as they wish.
Motion to approve the resolution and ask the Executive to move forward on option
one carried by the following vote:
Ayes: Brenner, Sidhu, Browne, and Kremen (4)
Nays: Weimer, Mann, and Buchanan (3)
Regular County Council Meeting, 6/23/2015, Page 10
1 INTRODUCTION ITEMS
2
3 Weimer stated items were added to the Introduction Items. He's not sure where
4 they came from.
5
6 Browne stated they were submitted by four different citizens this morning. He took
7 the liberty of printing them out and putting them in the packet.
8
9 Weimer asked if Councilmember Browne is sponsoring these items.
10
11 Browne stated he is sponsoring them as Introduction Items.
12
13 Brenner asked that the four items be read into the record.
14
15 Weimer read the four agenda item titles for Introduction Items five through eight.
16 They would be added to Introduction and scheduled for a public hearing on July 7.
17
18 Browne moved to accept the Introduction Items. Mann seconded the motion.
19
20 Buchanan withdrew item one.
21
22 Weimer stated they are voting to Introduce Items two through eight.
23
24 The motion to accept Introduction Items two through eight carried by the following
25 vote:
26 Ayes: Brenner, Sidhu, Mann, Browne, Buchanan, Weimer and Kremen (7)
27 Nays: None (0)
28
29 1. ORDINANCE ESTABLISHING WHATCOM COUNTY CODE 2.118, CREATING A
30 WILDLIFE ADVISORY COMMITTEE (AB2015 -175)
31
32 Buchanan reported for the Natural Resources Committee and submitted a substitute
33 ordinance with amendments from the committee. He moved to accept the Introduction
34 Item and moved to accept the amendments included in the substitute ordinance. The
35 motion was seconded.
36
37 The motion to accept the amendment in the substitute carried by the following vote:
38 Ayes: Brenner, Sidhu, Mann, Browne, Buchanan, Weimer and Kremen (7)
39 Nays: None (0)
40
41 The motion to introduce the substitute carried by the following vote:
42 Ayes: Brenner, Sidhu, Mann, Browne, Buchanan, Weimer and Kremen (7)
43 Nays: None (0)
44
45 2. ORDINANCE ORDERING THE CLOSURE OF A PORTION OF MANLEY ROAD TO
46 MOTORIZED VEHICULAR TRAFFIC (AB2015 -203)
47
48 3. RESOLUTION AUTHORIZING THE VACATION OF A PORTION OF DELTA LINE
49 ROAD (AB2015 -115A)
50
51 4. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 3 TO CHANGE THE
52 EXPIRATION DATE OF THE SALES AND USE TAX FOR PUBLIC FACILITIES IN
53 RURAL COUNTIES (AB2015 -204)
Regular County Council Meeting, 6/23/2015, Page 11
1
2 5. ORDINANCE PROPOSING AN AMENDMENT TO THE WHATCOM COUNTY
3 CHARTER TO RESPECT COMMUNITIES AND PROVIDE FOR FAIR ELECTION IN
4 FIVE EQUAL DISTRICTS (AB2015 -205)
5
6 6. ORDINANCE PROPOSING AN AMENDMENT TO THE WHATCOM COUNTY
7 CHARTER TO AFFIRM THE LEGISLATIVE AUTHORITY GRANTED TO THE
8 COUNTY COUNCIL BY THE WASHINGTON STATE CONSTITUTION (AB2015-
9 206)
10
11 7. ORDINANCE PROPOSING AN AMENDMENT TO THE WHATCOM COUNTY
12 CHARTER TO ELECT CHARTER REVIEW COMMISSIONERS BY COUNTY SO
13 THAT THEY REPRESENT DISTRICTS AND ARE EQUALLY ACCOUNTABLE TO
14 EACH VOTER (AB2015 -207)
15
16 S. ORDINANCE PROPOSING AN AMENDMENT TO THE WHATCOM COUNTY
17 CHARTER TO ALIGN REQUIREMENTS FOR AMENDING THE WHATCOM
18 COUNTY CHARTER BY CITIZEN INITIATIVE WITH WASHINGTON STATE LAW
19 (AB2015 -208)
20
21
22 COMMITTEE REPORT'S, OTHER ITEMS AND COUNCILMEMBER UPDATES
23
24 Weimer stated letters went out to those invited to participate in the Incarceration
25 Prevention and Reduction Task Force. The Council also needs to decide who wants to be on
26 that Task Force.
27
28 Sidhu stated that the Home Rule Charter is the constitution of Whatcom County.
29 Proposed amendments by the Charter Review Commission should be approved by a two -
30 thirds majority of the Commission. It is fundamental that any amendment should not be
31 proposed by a simple majority, but by a two - thirds majority instead.
32
33 Brenner asked if the Prosecutor decides before it goes on the ballot whether it's
34 constitutional.
35
36 Kremen stated that at the State legislature, the court doesn't make decisions on
37 something that doesn't exist. It has to be voted in by the people first.
38
39 Brenner stated she worked with the Prosecutor on an item she had proposed.
40
41 Mann stated the Prosecutor determines the wording of the ballot title.
42
43 Browne stated that as far as he knows, the County Prosecutor Dan Gibson has
44 already done some constitutional review on some of the proposed amendments that the
45 Charter Review Commission put forward. Mr. Gibson found that several of them wouldn't
46 stand a constitutional test and recommended that they don't go forward, because they
47 ultimately wouldn't survive.
48
49 Weimer stated that the Commission didn't put those items forward after Mr. Gibson
50 talked about them.
51
52 Brenner stated the one that has her most concerned is the one that says the Council
53 can't make any changes for ten years.
Regular County Council Meeting, 6/23/2015, Page 12
1
2 Karen Frakes, Prosecutor's Office, stated Dan Gibson offered that advice, but it's up
3 to the Commission to decide what to do, with that advice in mind.
4
5 Browne stated that if he wasn't clear, that's what he was trying to communicate.
6
7 Weimer stated the Charter says the Council has to put these on the ballot. There is
8 a requirement that says only the Council can put things on the ballot. He asked what
9 happens if the Council wants a legal opinion. Frakes stated the Council doesn't have the
10 option of deciding not to put something from the Charter Review Commission on the ballot.
11
12 Weimer asked if the Charter outranks the State Constitution. Frakes stated the
13 Council has the authority to do that, but they've given that authority also to the Charter
14 Review Commission.
15
16 Mann nominated himself to serve on the Task Force. The nomination was
17 seconded.
18
19 Weimer nominated Councilmember Brenner to serve on the Task Force. The
20 nomination was seconded.
21
22 Weimer stated he would vote for Councilmember Mann, who has helped him the last
23 four or five months looking at all these prevention and diversion issues.
24
25 Brenner stated she's done the same thing for years. She withdrew her name from
26 consideration. She didn't want to fight about it.
27
28 Weimer stated Councilmember Mann is the only nominee.
29
30 The appointment carried by the following vote:
31 Ayes: Brenner, Sidhu, Mann, Browne, Buchanan, Weimer and Kremen (7)
32 Nays: None (0)
33
34 Browne asked if Other Item 3, regarding the request authorization for the
35 County Executive to enter into a contract between Whatcom County and Nehalem
36 Marine Manufacturing for the fabrication, transport and installation of a flood gate
37 assembly and muted tidal regulator for the De Boer culvert replacement project, in
38 the amount of $53,561.03 (AB2015 -192) needed a roll call vote.
39
40 Dana Brown - Davis, Clerk of the Council, stated it did not. It is a only a request, not
41 a resolution.
42
43 Mann reported that he and his family attended the Deming Logging Show.
44
45 Brenner reported that she attended the Woods Tour. Also, she saw a grass fire on
46 Cedarville Road. She talked to the fire marshal about it. The weather has been so dry, and
47 it was just a grass fire. She's happy everyone supported the fireworks ordinance. She
48 hopes it will reduce the possibility of fires, because it is so dry.
49
Regular County Council Meeting, 6/23/2015, Page 13
1
2
3
4
5 ADJOURN
6
7 The meeting adjourned at 9:40 p.m.
8
`Pity +% ountytr Council approved these minutes on October 27, 2015.
10
12 ATTE T PIT 'i WHATCOM COUNTY COUNCIL
13 *` 0��� WHATCOM COUNTY, WASHINGTON
14
15 -
16 y
17
18 Dan-4,13rovOAa i5; Cgun¢i'I Clerk Carl Weimer, Council Chair
19 ..,
22 =,-- --
23 Jill Nixon, Minutes Transcription
Regular County Council Meeting, 6/23/2015, Page 14