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HomeMy WebLinkAboutCouncil October 13 20151 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 Meeting October 13, 2015 CALL TO ORDER Council Vice -Chair Rud Browne 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, Rud Browne and Barry Buchanan. Absent: Carl Weimer, Satpal Sidhu and Pete Kremen. FLAG SALUTE ANNOUNCEMENTS Browne announced there was discussion with Parks & Recreation staff regarding potential property acquisition for park purposes (AB2015 -018) in executive session during the Committee of the Whole meeting. MINUTES CONSENT Mann moved to approve Minutes Consent items one through three. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Browne and Buchanan (4) Nays: None (0) Absent: Sidhu, Kremen and Weimer (3) 1. SPECIAL COMMITTEE OF THE WHOLE FOR MAY 26, 2015 2. REGULAR COUNTY COUNCIL FOR MAY 26, 2015 3. REGULAR COUNTY COUNCIL FOR JULY 7, 2015 OPEN SESSION The following people spoke: • Clayton Petree spoke about a Hearings Board settlement. • Mike McCauley spoke about the Port of Bellingham's Economic Development Investment (EDI) Board grant and loan application. • Trish Vavrina spoke about a claim against the Sheriff's Office. Regular County Council Meeting, 10/13/2015, 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 CONSENT AGENDA Buchanan reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through six. The motion carried by the following vote: Ayes: Brenner, Mann, Browne and Buchanan (4) Nays: None (0) Absent: Sidhu, Kremen and Weimer (3) 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A PROJECT AGREEMENT (PROJECT #14- 1127D) WITH THE WASHINGTON STATE RECREATION AND CONSERVATION OFFICE FOR GRANT FUNDING FOR REPLACEMENT OF THE HVAC SYSTEM FOR THE INDOOR RANGE AT THE PLANTATION RIFLE RANGE, IN THE AMOUNT OF $144,900 (AB2015 -298) 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE NORTHWEST REGIONAL COUNCIL TO EXTEND THE CONTRACT CURRENTLY PROVIDED TO THE JAIL AND WORK CENTER TO PROVIDE A LIMITED NUMBER OF HOURS (15 -20) OF BASIC NURSING SERVICES TO JUVENILE DETENTION AND ADD APPROXIMATELY 20 HOURS OF NURSING SERVICES TO THE DOWNTOWN JAIL, IN THE AMOUNT OF $28,421 (AB2015 -299) 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A COOPERATIVE AGREEMENT BETWEEN WHATCOM COUNTY AND THE COMMODITY CREDIT CORPORATION FOR THE PURCHASE OF DEVELOPMENT RIGHTS FOR TWO EASEMENTS THROUGH THEIR AGRICULTURAL EASEMENT PROGRAM GRANT, IN THE AMOUNT OF $177,500 (AB2015 -300) 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE WHATCOM COMMUNITY FOUNDATION FOR THE PURCHASE OF DEVELOPMENT RIGHTS EASEMENTS THROUGH THEIR SUSTAINABLE WHATCOM FUNDS GRANT, IN THE AMOUNT OF $200,000 (AB2015 -301) 5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO HAVE PUBLIC WORKS PURCHASE A REPLACEMENT HEAVY -DUTY BRUSH CHIPPER USING WASHINGTON STATE CONTRACT #01212 FROM VENDOR D & L WASTE EQUIPMENT, DBA PCI WASTE AND RECYCLING EQUIPMENT, FOR A TOTAL EXPENDITURE OF $51,662.31 (AB2015 -302) 6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A LOCAL AGENCY AGREEMENT WITH THE WASHINGTON DEPARTMENT OF TRANSPORTATION TO RECEIVE FEDERAL FUNDING FOR THE REPLACEMENT OF THE BERTRAND CREEK BRIDGE NO. 50 ON WEST BADGER ROAD (AB2015 -303) Regular County Council Meeting, 10/13/2015, Page 2 OTHER ITEMS 1. REQUEST AUTHORIZATION FOR APPROVAL OF THE PORT OF BELLINGHAM'S REQUEST FOR EDI FUNDING IN THE AMOUNT OF $3,000,000 AS RECOMMENDED BY THE EDI BOARD FOR THE SUPPORT OF THE ALL AMERICAN MARINE EXPANSION PROJECT AS A LOAN IN THE AMOUNT OF $2,000,000 AND A GRANT, IN THE AMOUNT OF $1,000,000 (AB2015 -286) Buchanan reported for the Finance and Administrative Services Committee and moved to approve the request. The motion carried by the following vote: Ayes: Brenner, Mann, Browne and Buchanan (4) Nays: None (0) Absent: Sidhu, Kremen and Weimer (3) 2. RESOLUTION AUTHORIZING THE ALLOCATION OF REET (REAL ESTATE EXCISE TAX) 1 FUNDING TO SUPPORT THE CONSTRUCTION OF A MULTI -USE BUILDING EXPANSION AT THE EAST WHATCOM REGIONAL RESOURCE CENTER (AB2015 -307) Buchanan reported for the Finance and Administrative Services Committee and moved to approve the resolution. The motion carried by the following vote: Ayes: Brenner, Mann, Browne and Buchanan (4) Nays: None (0) Absent: Sidhu, Kremen and Weimer (3) 3. RESOLUTION IN THE MATTER OF CONSIDERING A VACATION FOR THE REALIGNMENT OF AN UNNAMED ALLEY WITHIN THE BIRCH BAY WEST END ESTATES PLAT (AB2015 -304) Brenner reported for the Public Works, Health, and Safety Committee and moved to approve the resolution. The motion carried by the following vote: Ayes: Brenner, Mann, Browne and Buchanan (4) Nays: None (0) Absent: Sidhu, Kremen and Weimer (3) 4. RESOLUTION REQUESTING THE COUNTY EXECUTIVE DEVELOP SPREADSHEET MODELS TO MAKE IT EASIER FOR THE WHATCOM COUNTY COUNCIL, THE CITY OF BELLINGHAM, AND OTHER INTERESTED PARTIES TO UNDERSTAND THE IMPACTS OF THE VARIOUS PROPOSALS RELATED TO A NEW LONG TERM JAIL FACILITY USE AGREEMENT (JFUA) (AB2015 -295) This item was withdrawn from the agenda. 5. RESOLUTION IDENTIFYING 2016 AND 2017 SALARIES AND BENEFITS FOR WHATCOM COUNTY COUNCILMEMBERS (AB2015 -158A) This item was withdrawn from the agenda. Regular County Council Meeting, 10/13/2015, Page 3 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 1. NOMINATION AND APPOINTMENT TO FILL VACANCIES ON THE WILDLIFE ADVISORY COMMITTEE, VARIOUS POSITIONS - APPLICANT(S): BARRY WENGER, CHRISTOPHER KAZIMER, VIKKI JACKSON, JOHN MCLAUGHLIN, FRANK BOB, GREG DUNPHY, WENDY HARRIS, FENNER YARBOROUGH, JOEL INGRAM, MICHAEL P. WILLIAMS, PAUL A. WOODCOCK (AB2015 -175A) Brenner moved to recommend approval of all applicants except Mr. Dunphy, who only wants to be an alternate. Staff indicated that alternates would be established by the advisory committee at its first meeting. The motion was seconded. Mann stated there are 11 vacancies and 11 applicants. He asked if they're supposed to consider any geographic limitations or technical specification, or if all 11 can fill the 11 spots. Browne stated four of the 11 positions were intended to be filled later. The first seven applicants were defined as people who had specific professional expertise in wildlife in habitat. They will choose seven who have professional qualifications in the area. He went through the list of applicants. They are fortunate in the quality of people who have stepped forward. The community is very well- served by these volunteers. As he read through the resumes, the following applicants have professional qualifications that meet the requirement of the ordinance: Barry Wenger, Vikki Jackson, Frank Bob, Greg Dunphy, John McLaughlin, Fenner Yarborough, Joel Ingram, Michael P. Williams and Paul A. Woodcock. Mr. Dunphy indicated he would apply as an alternate. That leaves eight applicants who meet the qualifications and are willing to serve in the seven technical positions. Mann asked for more detail about the different positions on the advisory committee they are supposed to fill. Jill Nixon, County Council Office, stated the original ordinance indicated that the Council would appoint the seven technical members first. However, the Council decided to sunset the ordinance and committee next year and appoint everyone at the same time. There are 11 open spots now. At least seven applicants have to meet the technical requirements. Mann stated the other four can be citizens with any qualifications. Nixon stated that's correct. Browne stated he and Councilmember Buchanan drafted the original ordinance. The intent was to use the seven technical members to do the scientific work first, and then the four others would be engaged from a broader base of the business, farming, or agricultural community to build overall consensus. The findings of the committee are of limited value unless they build consensus amongst the rest of the community, who may feel they're impacted by a new set of recommendations or regulations. Buchanan stated that at a later meeting, the Council said it would appoint all 11, and all the advisory committee members would sort out their work plan themselves. Browne stated he supports appointing seven technical members now, but he would like to give more thought to appointing the other four. Regular County Council Meeting, 10/13/2015, Page 4 1 Brenner withdrew her motion. 2 3 Browne moved to appoint seven technical members now and appoint the remaining 4 four at a later date. The motion was seconded. 5 6 The motion carried by the following vote: 7 Ayes: Brenner, Mann, Browne and Buchanan (4) 8 Nays: None (0) 9 Absent: Sidhu, Kremen and Weimer (3) 10 11 Mann asked if they expect a different group of people to apply for the remaining four 12 slots. 13 14 Browne stated that is his understanding. They have not invited the broader 15 community, such as the agriculture, forestry, or commercial interests that are impacted. 16 17 Mann asked about the eight applicants that Councilmember Browne screened for 18 technical expertise. 19 20 Browne stated he read through each application. There were a total of nine, but one 21 applicant prefers to be an alternate. The remaining eight demonstrated they have 22 qualifications in the field as defined by the ordinance. 23 24 Mann asked if this was a judgment call. 25 26 Browne stated it wasn't. He asked what were the specific technical requirements. 27 Nixon read from the ordinance about the required areas of expertise. 28 29 Browne stated that when he read through the resumes, each of those nine people 30 indicated they have qualifications to meet the criteria. 31 32 Browne moved to nominate Barry Wenger, Vikki Jackson, Frank Bob, John 33 McLaughlin, Fenner Yarborough, Joel Ingram, Michael P. Williams and Paul A. Woodcock. The 34 nomination was seconded. 35 36 Buchanan voted for Wenger, Jackson, Bob, McLaughlin, Yarborough, Ingram, and 37 Williams. 38 39 Mann voted for Wenger, Jackson, McLaughlin, Bob, Yarborough, Ingram, and Williams. 40 41 Browne voted for Wenger, Jackson, Bob, McLaughlin, Yarborough, Ingram, and 42 Williams. 43 44 Brenner voted for Wenger, Jackson, McLaughlin, Bob, Ingram, Williams, and 45 Woodcock. 46 47 The Council appointed Barry Wenger, Vikki Jackson, Frank Bob, John McLaughlin, Joel 48 Ingram, and Michael P. Williams. 49 50 Buchanan voted for Williams. 51 52 Mann voted for Williams. 53 Regular County Council Meeting, 10/13/2015, Page 5 1 Browne voted for Williams. 2 3 Brenner voted for Woodcock. 4 5 Browne stated he chose Mr. Williams because he has a Ph.D., M.S., and B.A. in 6 botany. He was a professor. He has a very deep professional knowledge. He's been 7 published in many different publications. 8 9 Brenner stated Mr. Woodcock could serve in the other category. If the other 10 councilmembers will consider him for the other category, she can vote for Mr. Williams, who 11 has great credentials. She changed her vote to Williams. 12 13 The Council appointed Michael P. Williams. 14 15 16 EXECUTIVE APPOINTMENTS TO BOARDS, C©M_MISSIONS, AND COMMITTEES 17 18 1, REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF 19 PAUL YADON TO THE WHATCOM COUNTY PARKS AND RECREATION 20 COMMISSION (AB2015 -306) 21 22 Buchanan moved to confirm the appointment. The motion was seconded. 23 24 The motion carried by the following vote: 25 Ayes: Brenner, Mann, Browne and Buchanan (4) 26 Nays: None (0) 27 Absent: Sidhu, Kremen and Weimer (3) 28 29 30 INTRODUCTION ITEMS 31 32 Buchanan moved to accept Introduction Items one through four. The motion was 33 seconded. 34 35 Mann moved to withdraw Introduction Item three and schedule in Committee of the 36 Whole in two weeks. The motion was seconded. 37 38 The motion carried by the following vote: 39 Ayes: Brenner, Mann, Browne and Buchanan (4) 40 Nays: None (0) 41 Absent: Sidhu, Kremen and Weimer (3) 42 43 The motion to accept Introduction Items one, two, and four carried by the following 44 vote: 45 The motion carried by the following vote: 46 Ayes: Brenner, Mann, Browne and Buchanan (4) 47 Nays: None (0) 48 Absent: Sidhu, Kremen and Weimer (3) 49 50 1. RECEIPT OF APPLICATION FOR THE FLOOD CONTROL ZONE DISTRICT 51 ADVISORY COMMITTEE - GEOGRAPHIC AREAS REPRESENTATIVE, APPLICANT: 52 FRED "SONNY" KUNCHICK (AB2015 -296) (APPLICATION DEADLINE FOR Regular County Council Meeting, 10/13/2015, Page 6 1 ANY OTHER APPLICANTS TO THIS VACANCY IS 10 A.M. ON OCTOBER 20, 2 2015) 3 4 2. ORDINANCE AMENDING THE 2015 WHATCOM COUNTY BUDGET, ELEVENTH 5 REQUEST, IN THE AMOUNT OF $208,657 (AB2015 -308) 6 7 3. RESOLUTION APPROVING THE WHATCOM COUNTY 2016 ANNUAL 8 CONSTRUCTION PROGRAM (ACP) (AB2015 -305) 9 10 4. RESOLUTION APPROVING THE SALE OF AN ACCESS EASEMENT (AB2015- 11 309) 12 13 14 COMMITTEE REPORTS OTHER ITEMS, AND COUNCILMEMBER UPDATES 15 16 There were no committee reports, other items, or councilmember updates. 17 18 19 ADJOURN 20 21 The meeting adjourned at 7:37 p.m. 22 23 The. County Council approved these minutes on December 8, 2015. 24 26 ATTEST-,.* ,� {�*� U, »�w;' %. WHATCOM COUNTY COUNCIL 27 `� "yam WHA1 T OM C UNTY, WASHINGTON ,yt• 2 8 - # w c` } JIC - 29 = 30 32 Dana Broft-l7;ao dounot] Clerk Rud Browne, Council Vice -Chair 33 35 36 37 Jill Nixon, Minutes Transcription Regular County Council Meeting, 10/13/2015, Page 7