HomeMy WebLinkAboutCouncil November 24 20151 WHATCOM COUNTY COUNCIL
2 Regular County Council Meeting
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4 November 24, 2015
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6 CALL TO ORDER
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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.
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12 ROLL CALL
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14 Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Pete Kremen,
15 Rud Browne and Barry Buchanan.
16 Absent: None.
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19 FLAG SALUTE
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22 ANNOUNCEMENTS
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24 Weimer announced there was discussion with Chief Civil Deputy Prosecutor
25 Daniel Gibson regarding potential litigation related to an agency contract
26 (AB2015 -018) in executive session during the Committee of the Whole meeting.
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28 Weimer also announced there was discussion with legal counsel regarding Lake
29 Whatcom TMDL (total maximum daily load) (AB2015 -018) in executive session
30 during the Committee of the Whole meeting.
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32 Mann moved to accept the Lake Whatcom Total Maximum Daily Load clarification
33 document submitted by the Washington Department of Ecology in their letter to the County
34 Executive dated November 12, 2015, and consider the Lake Whatcom Total Maximum Daily
35 Load dispute to be resolved, and request that the County Executive transmit a letter to the
36 Department of Ecology stating such. The motion was seconded.
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38 The motion carried by the following vote:
39 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
40 Nays: None (0)
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42 Weimer announced vacancies on various County boards and commissions, including
43 the Planning Commission.
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45
46 SPECIAL PRESENTATION
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48 1. PRESENTATION OF THE BEHAVIORAL HEALTH REVENUE ADVISORY
49 COMMITTEE QUARTERLY AND ANNUAL REPORTS TO COUNTY COUNCIL
50 (AB2015 -117B)
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52 Bill Elfo, County Sheriff, gave a presentation and stated this quarter focuses on
53 services provided to youth and families through school -based contracts. Services are
Regular County Council Meeting, 11/24/2015, Page 1
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delivered in all seven school districts. The number of students who received services in the
2014 -2015 school year was 1,361. The total number of contacts is 10,454, with an average
of four to five contacts per student. Five hundred eighty two students were referred to
mental health and /or substance abuse services. Total referrals equaled 1,004, and some
students were referred more than once.
More than 90 percent of the students who received services experienced a similar or
lower number of truancy issues, suspensions, absences, and discipline problems. Eighty -
seven percent of the students maintained their grades. Total program funding last year was
$627,000 and is $677,000 for this year.
Browne stated he supports the program. The more operative statistic is what is
changing downward in terms of negative behavior, as opposed to remaining the same. He
asked if there are numbers on how things have improved. Elfo stated the schools reported
static or improvement. To keep antisocial behaviors from deteriorating and becoming worse
is an accomplishment. Many youth deteriorate quickly when becoming involved in addiction
or mental health disorders.
Browne stated he agrees. He would
certain programs are creating improvements.
Health Department staff to see if there is a
report.
Brenner asked if there is an overlap
statistics. Elfo stated that information is in
referrals were eight percent. Seventy -five
districts outside the city of Bellingham.
like to see how they are quantifying where
Elfo stated he will take that request to the
way to quantify the results for next year's
in the mental health and substance abuse
the report. Those students receiving both
percent of services are provided by school
Weimer stated this is a good example of taking action earlier. Elfo stated the most
recent Incarceration Prevention and Reduction Task Force meeting included a very good
presentation on the effects of fetal alcohol syndrome, and how that affects future criminal
behavior. Upstream efforts pay off big dividends in the end.
Brenner asked if this information is sent to the media. Elfo stated the Health
Department sends it.
Browne stated the statistics within a year are interesting. The statistics that really
show success are ones that show impacts over three to five years. Show the trend
throughout the entire school experience. Elfo stated that would be a success, but an issue
with quantifying success is whether the population is static or changes. Many kids come in
and go out of the school districts.
Joe Fuller, Health Department, introduced Kate Foster with the Bellingham School
District.
Kate Foster, Bellingham School District, stated many programs are available in the
community to students, and many are funded by the one -tenth of one percent sales tax.
She is impressed with the prevention and intervention strategies for substance abuse,
mental health, suicide prevention, and restorative justice. There is impressive data on
handling kids with behavior problems differently and teaching them social skills rather than
excluding them from school. She thanked the Council for the great things that are going
on. The students in the high schools have case managers and liaisons to help with their
Regular County Council Meeting, 11/24/2015, Page 2
1 referrals to mental health or substance abuse programs. Most middle schools and high
2 schools have prevention clubs.
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5 PUBLIC HEARINGS
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7 1. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE
8 PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE YEAR 2016
9 (AB2015 -329)
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11 Weimer opened the public hearing and, hearing no one, closed the public hearing.
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13 Brenner moved to adopt the ordinance. The motion was seconded.
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15 Brenner stated they aren't raising taxes.
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17 The motion carried by the following vote:
18 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
19 Nays: None (0)
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21 2. ORDINANCE LIMITING THE 2016 GENERAL FUND PROPERTY TAX LEVIES
22 (AB2015 -330)
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24 Weimer opened the public hearing and, hearing no one, closed the public hearing.
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26 Browne moved to adopt the ordinance. The motion was seconded.
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28 The motion carried by the following vote:
29 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
30 Nays: None (0)
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32 3. ORDINANCE AUTHORIZING THE LEVY OF 2016 PROPERTY TAXES FOR
33 COUNTY ROAD PURPOSES (AB2015 -331)
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35 Weimer opened the public hearing and, hearing no one, closed the public hearing.
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37 Kremen moved to adopt the ordinance. The motion was seconded.
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39 The motion carried by the following vote:
40 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
41 Nays: None (0)
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43 4. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR CONSERVATION
44 FUTURES PURPOSES FOR 2016 (AB2015 -332)
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46 Weimer opened the public hearing and, hearing no one, closed the public hearing.
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48 Browne moved to adopt the ordinance. The motion was seconded.
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50 The motion carried by the following vote:
51 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
52 Nays: None (0)
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Regular County Council Meeting, 11/24/2015, Page 3
1 5. RESOLUTION ADOPTING THE 2016 BUDGET FOR THE WHATCOM COUNTY
2 FLOOD CONTROL ZONE DISTRICT AND SUBZONES (AB2015 -335)
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4 (Council acting as the Whatcom County Flood Control Zone District Board of
5 Supervisors.)
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7 Weimer opened the public hearing and, hearing no one, closed the public hearing.
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9 Browne moved to approve the resolution. The motion was seconded.
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11 The motion carried by the following vote:
12 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
13 Nays: None (0)
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15 6. RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR THE WHATCOM
16 COUNTY FLOOD CONTROL ZONE DISTRICT FOR 2016 (AB2015 -336)
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18 (Council acting as the Whatcom County Flood Control Zone District Board of
19 Supervisors.)
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21 Weimer opened the public hearing and, hearing no one, closed the public hearing.
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23 Kremen moved to approve the resolution. The motion was seconded.
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25 The motion carried by the following vote:
26 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
27 Nays: None (0)
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29 7. RESOLUTION ADOPTING THE 2016 BUDGET FOR THE POINT ROBERTS
30 TRANSPORTATION BENEFIT DISTRICT (AB2015 -337)
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32 (Council acting as the Point Roberts Transportation Benefit District Board.)
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34 Weimer opened the public hearing and, hearing no one, closed the public hearing.
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36 Kremen moved to approve the resolution. The motion was seconded.
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38 Brenner stated there doesn't seem to be consensus in Point Roberts about what
39 should be done with the money. She asked if this commits the Council to spending the
40 money or just sets the money aside.
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42 Joe Rutan, Public Works Department, stated the Point Roberts Transportation Benefit
43 Committee asked the County to do some shoulder construction and an intersection analysis.
44 They will look at different options for the intersection and make a recommendation with the
45 Point Roberts Transportation Benefit Committee to the Executive and Council. There is a lot
46 of opportunity to still work with the community.
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48 Brenner asked how much it will cost to do the analysis. Rutan stated it will take a
49 staff person a couple of days.
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51 Kremen stated the feeling is that a new roundabout in Point Roberts would not be
52 cost - effective at that intersection.
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Regular County Council Meeting, 11/24/2015, Page 4
Brenner stated staff should also meet with the people in Point Roberts. Rutan stated
they are working on what the Point Roberts committee proposed. They are working with
the committee and will let the Council know when they meet with the committee again.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
S. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 AND THE
WHATCOM COUNTY COMPREHENSIVE PLAN RELATED TO DEVELOPMENT
REGULATIONS IN LIMITED AREAS OF MORE INTENSIVE RURAL
DEVELOPMENT (LAMIRDS) (AB2015 -085B)
Weimer opened the public hearing, and the following person spoke:
Kristin Reid, Belcher Swanson Law Firm Attorney, stated her firm represents Doug
Pullar and Sam Boulos, two property owners at the Smith Road and Guide Meridian limited
area of more intense rural development (LAMIRD) area and the Birch Bay- Lynden Road and
Valley View Road LAMIRD, respectively. Her clients are involved in litigation of the Hearings
Board decision from 2013. The adoption of the proposed changes to the zoning code will
resolve the litigation. The parties have already executed a settlement agreement. These
changes are a term of the agreement. Adopt the ordinance as proposed.
Hearing no one else, Weimer closed the public hearing.
Mann moved to adopt the ordinance. The motion was seconded.
Mann reported for the Planning and Development Committee on this item. He
supports the ordinance.
Brenner stated she hesitates due to size restrictions, but staff explained there is land
in the area that allows a 35,000 square foot grocery store, which the community needs and
has requested for years.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
OPEN SESSION
The following people spoke:
• Roger Elliott submitted a handout (on file) and spoke about personal property
tax exemption for farming equipment.
• Max Perry spoke about the proposed Comprehensive Water Advisory
Committee (AB2015 -363).
• Carol Alongi spoke about Opportunity Council funding, accountability, and
oversight.
• Carol Perry spoke about proceeding with the new jail project.
• Everett Barton spoke about the request for more cars for the Sheriff's Office.
Regular County Council Meeting, 11/24/2015, Page 5
1 CONSENT AGENDA
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Browne reported for the Finance and Administrative Services Committee and
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moved to approve Consent Agenda items one through six, eight through 14, and 16.
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Brenner withdrew item 16.
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The motion to approve items one through six and eight through 14 carried by the
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following vote:
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Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
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Nays: None (0)
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1.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
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CONTRACT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE
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MILITARY DEPARTMENT TO SUSTAIN AND ENHANCE THE WHATCOM
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COUNTY SHERIFF'S OFFICE DIVISION OF EMERGENCY MANAGEMENT
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PROGRAM, WITH FUNDING FROM THE US DEPARTMENT OF HOMELAND
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SECURITY EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG)
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PROGRAM, CFDA #97.042, IN THE AMOUNT OF $67,048 (AB2015 -344)
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2.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
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GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON
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STATE DEPARTMENT OF ECOLOGY TO FUND SOLID WASTE COMPLIANCE
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MANAGEMENT AND LITTERING AND ILLEGAL DUMPING ENFORCEMENT
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SERVICES, IN THE AMOUNT OF $132,163 (AB2015 -345)
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3.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
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GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON
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STATE DEPARTMENT OF ECOLOGY TO FUND OPERATION OF A FIXED TOXICS
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FACILITY USED FOR PROPER DISPOSAL AND RECYCLING OF MODERATE
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RISK WASTES AND THREE RURAL WASTE OIL AND ANTIFREEZE COLLECTION
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STATIONS, IN THE AMOUNT OF $341,320 (AB2015 -346)
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4.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
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GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON
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STATE DEPARTMENT OF ECOLOGY FOR ACADEMY ROAD STORMWATER
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IMPROVEMENTS, IN THE AMOUNT OF $424,310.03 (AB2015 -347)
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S.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
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GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON
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STATE DEPARTMENT OF ECOLOGY TO FUND ADMINISTRATIVE AND ACTION
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PROJECTS FOR THE WHATCOM COUNTY MARINE RESOURCES COMMITTEE,
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IN THE AMOUNT OF $73,000 (AB2015 -348)
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6.
RESOLUTION IN THE MATTER OF IDENTIFYING 2016 AND 2017 SALARIES
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AND BENEFITS FOR ELECTED OFFICIALS (AB2015 -349)
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7.
RESOLUTION AMENDING RESOLUTION NO. 2014 -067 IN THE MATTER OF
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ADOPTING A SALARY SCHEDULE AND POLICIES FOR UNREPRESENTED
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WHATCOM COUNTY EMPLOYEES EFFECTIVE JANUARY 1, 2015, THROUGH
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DECEMBER 31, 2016 (AB2015 -350)
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Regular County Council Meeting, 11/24/2015, Page 6
1 Browne reported for the Finance and Administrative Services Committee and
2 moved to approve the resolution with the replacement page.
3
4 Mann stated he thought the councilmembers were to get a list of the department
5 heads and their salary ranges.
6
7 Jack Louws, County Executive, stated staff emailed that information to the Council
8 earlier in the day. He read the list of department heads from the email (on file).
9
10 Mann stated they discussed earlier whether the Clerk of the Council was a
11 department head, and he thought the answer was that she is. Louws stated she is not.
12
13 Brenner stated some of the councilmembers are interested in making some changes,
14 but they will bring it up another time. Louws stated the Council falls under the payroll
15 hierarchy. If the Council Chair wants to review Council staff, the administration would
16 conduct a rating and ranking of similar internal positions and external positions in other
17 jurisdictions, and then recommend whether it fits the policy.
18
19 Sidhu stated the email from staff said they were getting rid of all the subcategories.
20 Over time, they are trying to eliminate the subcategories. Louws stated that's correct.
21 They created some categories in the past to address some challenges, and now they're
22 trying to correct the categories. The reasons for the subcategories included a premium pay
23 that has since been eliminated.
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25 Mann moved to hold to December 8. The motion was seconded.
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27 The motion to hold in Council carried by the following vote:
28 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
29 Nays: None (0)
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31 8. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AMEND THE
32 STIMPSON FAMILY NATURE RESERVE TRAIL EASEMENT TO INCLUDE
33 ADDITIONAL PARCELS (AB2015 -351)
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35 9. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
36 CONTRACT BETWEEN WHATCOM COUNTY AND EBERLE VIVIAN FOR
37 ADMINISTRATION AND CLAIMS PROCESSING FOR THE SELF - INSURED
38 WORKERS' COMPENSATION PROGRAM IN THE AMOUNT OF $47,000
39 (AB2015 -352)
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41 10. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
42 CONTRACT BETWEEN WHATCOM COUNTY AND PITNEY BOWES, USING
43 WASHINGTON STATE CONTRACT #02713, FOR NEW MAIL SERVICES
44 EQUIPMENT, IN THE AMOUNT OF $54,007.80 (AB2015 -353)
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46 11. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ACCEPT SUN
47 LIFE STOP -LOSS POLICY FOR INSURANCE PROTECTION FOR THE SELF -
48 INSURED MEDICAL PROGRAM FOR 2016 (AB2015 -354)
49
50 12. RESOLUTION APPROVING THE 2016 RECOMMENDED CONVENTION CENTER
51 ALLOCATIONS FOR TOURISM - RELATED FACILITIES AND ACTIVITIES AS
52 DEFINED THROUGH RCW 67.28.1816 (AB2015 -355)
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Regular County Council Meeting, 11/24/2015, Page 7
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13. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE THE
PURCHASE OF TWO UNMARKED PATROL 2016 FORD POLICE INTERCEPTOR
PUVS FOR THE SHERIFF'S OFFICE, USING THE WASHINGTON STATE
CONTRACT #03713, FROM VENDOR COLUMBIA FORD, IN THE AMOUNT OF
$68,237.66 (AB2015 -356)
14. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE
PURCHASE OF TWELVE MARKED PATROL 2016 FORD POLICE INTERCEPTOR
PUVS FOR THE SHERIFF'S OFFICE, USING THE WASHINGTON STATE
CONTRACT #03713, FROM VENDOR COLUMBIA FORD, IN THE AMOUNT OF
$408,945.13 (AB2015 -357)
15. RESOLUTION ORDERING THE CANCELLATION OF ACCOUNTS RECEIVABLE
MORE THAN A YEAR OLD (AB2015 -358)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the resolution. He stated the resolution is for cancellation of accounts
receivable. He read through the list and did a bit of research. Several names on the list
have the capacity to pay. He would like to know further why the County is writing off these
debts when it's clear these people have the assets to pay.
Mann stated he agrees with Councilmember Browne. He would like information from
the Treasurer to figure out why the County is not collecting the debts.
Brenner moved to refer to Finance Committee on December 8. The motion was
seconded.
Sidhu stated the total amount is $200,000. Some of these accounts are from 2002,
some are below $50, and some are several thousand dollars. He would like to know the
criteria used for writing off these accounts, what actions staff have taken to collect the
money, and why the money is deemed uncollectable.
Jack Louws, County Executive, stated staff will present a report. Most are land use
fines. Some issues are resolved through a settlement, and a condition of the settlement is
that they don't have to pay the fine. It takes a legislative authority to get those fines off
the books.
Browne stated he would like to know about the large amounts owed by people who
have the demonstrated capacity to pay.
The motion carried by the following vote:
Ayes: Brenner, Sidhu, Buchanan, Weimer and Kremen (6)
Nays: Mann and Browne (2)
16. RESOLUTION ORDERING THE CANCELLATION OF WARRANTS MORE THAN A
YEAR OLD (AB2015 -359)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the resolution. A warrant refers to an obligation of the County to pay
money. It is not a warrant for the person named in a document.
Brenner moved to refer to Finance Committee on December 8. There is one that
seemed unclear why it would be uncollected.
Regular County Council Meeting, 11/24/2015, Page 8
1
2 Weimer stated these aren't uncollected. These are are checks from the County that
3 people haven't cashed.
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5 Brenner withdrew her motion.
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7 Sidhu stated the term "warrant" implies they are talking about warrants that are
8 issued through the criminal justice system to arrest people. They should use a different
9 term to reference these uncollected checks.
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11 The motion carried by the following vote:
12 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
13 Nays: None (0)
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15
16 OTHER ITEMS
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18 1. ORDINANCE ESTABLISHING THE SOUTH PASS ROAD /SAAR CREEK BRIDGE
19 NO.212 FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR SOUTH
20 PASS ROAD /SAAR CREEK BRIDGE NO.212 REPLACEMENT PROJECT (AB2015-
21 333)
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23 Browne reported for the Finance and Administrative Services Committee and
24 moved to adopt the ordinance.
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26 The motion carried by the following vote:
27 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
28 Nays: None (0)
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30 2. ORDINANCE AMENDING THE 2015 WHATCOM COUNTY BUDGET, TWELFTH
31 REQUEST, IN THE AMOUNT OF $3,472,111 (AB2015 -334)
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33 Browne reported for the Finance and Administrative Services Committee and
34 moved to adopt the ordinance.
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36 The motion carried by the following vote:
37 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
38 Nays: None (0)
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40 3. ORDINANCE AMENDING THE 2016 WHATCOM COUNTY BUDGET, FIRST
41 REQUEST, IN THE NET AMOUNT OF $7,389,037 (AB2015 -326A)
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43 Browne reported for the Finance and Administrative Services Committee and
44 moved to adopt the ordinance. The committee recommends an amendment that $200,000
45 be designated from the existing jail fund in the 2016 budget for a criminal justice or jail
46 planner to assist the Council in moving forward with jail planning efforts.
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48 Kremen stated designate funds for something broader than a jail planner. He
49 moved to clarify the intent to designate $200,000 from the existing jail fund in the 2016
50 budget for jail planning purposes. The motion was seconded.
51
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53
Regular County Council Meeting, 11/24/2015, Page 9
1 The motion to amend carried by the following vote:
2 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
3 Nays: None (0)
4
5 Brenner moved to set aside $40,000 from Public Works to augment Planning Unit
6 efforts, and use of the money must come to the Council for approval. The money would be
7 used for staff assistance, meeting minutes, and other related issues.
8
9 Weimer stated the Planning Unit asked for $40,000 for outreach to their members,
10 and another unspecified amount for staff assistance and administrative uses. He asked if
11 this money is for both.
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13 Brenner stated it is. If they need more, they can request it.
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15 The motion was seconded.
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17 Sidhu stated the request has been clear that the Planning Unit wants an unquantified
18 amount for staff assistance. They want an additional $40,000 that is clearly earmarked for
19 outreach. He would support the request for staff support.
20
21 Brenner stated the Planning Unit is not here to define what they mean by outreach.
22 Set the money aside.
23
24 Jack Louws, County Executive, stated they have fully budgeted for allocation of staff
25 time. They don't need to transfer money to pay for existing staff. It seems the Council is
26 asking for an allocation of staff time to support the Planning Unit. That would be best asked
27 for through a resolution or by simply asking when the time comes, not by creating funding.
28 If they don't have the staff time for it, the allocation money would need to go to outside
29 resources or more staff. He needs a definition of how much staff support is needed.
30 Regarding the $40,000 for outreach, the Council needs to decide to fund it from the general
31 fund, not the road fund. The motion needs to identify where the money is. Realistically, he
32 will work with the Council on the Planning Unit and a water committee when it comes up.
33 He will make the appropriate adjustments necessary, based on what the Council would like
34 at that particular time. I he Council can make the public statement tonight and make sure
35 they have the paperwork done correctly, or take care of it holistically in a couple of months.
36
37 Brenner stated they didn't do a resolution on the money for criminal justice planning.
38 She wants to allocate this money in the same way, and have it as money set aside from the
39 general fund to augment the Planning Unit, with the caveat that spending requests come
40 through the County Council for approval. It doesn't matter how they think the money will
41 be spent. When the requests come to the Council, there will be a specific request for the
42 Council to vote on at that time, rather than the Council trying to figure out what it means
43 now.
44
45 Browne stated he is reluctant to approve money without a clear request from the
46 Planning Unit. He's particularly concerned about the suggestion they will provide funding
47 for the Planning Unit for outreach when the Planning Unit has made it clear that they believe
48 they have a separate statutory authority. He's concerned about confusion of the Planning
49 Unit sending out messages to the public under the banner of Whatcom County, without
50 approval of the Executive or the Council. That could cause confusion and conflict with other
51 programs. Follow the Executive's suggestion to delay this for several months until there is
52 clarity about what any of this money will be used for.
53
Regular County Council Meeting, 11/24/2015, Page 10
Brenner stated they don't have clarity on what the criminal justice planning effort will
do, either. The money for the Planning Unit would be to augment the Planning Unit efforts
and would have to come to the Council for spending approval. That was her motion.
Weimer asked if it's correct that there is no money for the Planning Unit or staff
support as of January 1.
Jon Hutchings, Public Works Department, stated the Planning Unit allocations were
from the Flood Control Zone District fund in 2015. The conversation is to designate funding
from the general fund or another source that is not the Flood Control Zone District. The
additional staff time required will depend on the scope of work of that staff person. Existing
staff can provide a basic level of support, but not facilitation.
Weimer stated he won't support at this point. It sounds like the basic staff support is
covered. The Planning Unit said it would begin to self - facilitate. They don't need the
$40,000. Until the Council has a deeper discussion about another type of water advisory
committee, he's not interested in letting them start doing $40,000 of outreach at this point.
Brenner stated her motion isn't for outreach.
Weimer stated Councilmember Brenner hasn't defined what it is if it's not outreach.
They've said they will do their minutes.
Brenner stated those requests will be defined when they come to the Council. This is
to set money aside. If they don't bring anything worthwhile to the Council, none of the
money will be used.
Sidhu asked if this is the only way to make the change. He asked what happens if
they need $40,000 in a few months. He asked if the Council has no authority to approve
$40,000 after today.
Louws stated the Executive must initiate budget amendments mid -year. This is the
Council's opportunity to put the money in the budget. If the Council puts $40,000 into the
budget now, it also takes an Executive willing to sign the contract next year. If the Council
designates the money, that doesn't mean he will spend it. The reality is that they need to
work together to make all of this happen. The Council and Executive must support each
other's role. He is committed to working with the Council to make sure the money that the
Planning Unit spends is spent appropriately. The Planning Unit has unspent money that was
allocated this year. In March, when decisions are made, he will support moving a budget
amendment through if the Planning Unit puts together a good plan. In this instance, that
would be an appropriate place to take care of it.
Sidhu stated the Council isn't required to do this tonight. If there is a reasonable
proposition to carry on the work or do other work, they will do that.
Louws stated the Council has big decisions to make next year. It's working with
other jurisdictions on the Joint Board. Deciding on whether the Council wants another water
advisory committee that may be more flexible than the Planning Unit would not shut down
the Planning Unit, which does have statutory authority. He looks forward to working
through those decisions with the Council. The Council and Executive need to work together.
Kremen stated the Council needs to decide if it is serious about the Planning Unit. If
the Council decides to have the Planning Unit, it must fund them so they can do their work.
Regular County Council Meeting, 11/24/2015, Page 11
1 If the Council is not serious about the Planning Unit and wants to take a different direction,
2 it can. Don't penalize the Planning Unit for not expending its 2015 appropriation. At least
3 set aside $40,000 without having to go to the Executive in the future on this matter. Don't
4 go through any exercise that they're not serious about. The Planning Unit has something to
5 offer. They're not all satisfied with the Planning Unit's progress, but give them a reasonable
6 chance of succeeding. He supports the motion. They must always work with the
7 administration. The Council needs to demonstrate its support or nonsupport of the Planning
8 Unit.
9
10 Browne stated he will support the Planning Unit, a comprehensive water advisory
11 committee, both, or neither, based on the clarity of what they're asking for, the amount of
12 support they're asking for, and what they're likely to deliver to the County in exchange for
13 the support the County provides. His concern with the Planning Unit is that the County has
14 supported them for two and a half years, and he hasn't seen substantive progress. He's
15 reluctant to give them funding ahead of them telling the County what they will do to move
16 forward and what they will produce. They must tell the Council what the Council will receive
17 for its support and the timelines. If that offers a good return on investment for the County
18 citizens, he will support it.
19
20 Brenner stated that's what her motion does, which is set aside the money. This is
21 the Council's only opportunity to make this decision itself. Otherwise, they have to hope the
22 Executive will bring forward a recommendation. If the Council doesn't believe that any
23 requests coming from the Planning Unit are worthy, then the Council can vote against them.
24 This just makes sure there is a placeholder.
25
26 The motion to amend carried by the following vote:
27 Ayes: Brenner, Mann, Sidhu, Buchanan and Kremen (5)
28 Nays: Browne and Weimer (2)
29
30 The motion to adopt as amended carried by the following vote:
31 Ayes: Weimer, Brenner, Mann, Sidhu, Browne, Buchanan and Kremen (7)
32 Nays: None (0)
33
34 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
35 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND WHATCOM
36 COUNTY FLOOD CONTROL ZONE DISTRICT ESTABLISHING DEDICATED
37 FUNDING FOR THE STORMWATER FUND 123, IN THE AMOUNT OF
38 $1,167,956 (AB2015 -343)
39
40 (Council acting as the Whatcom County Flood Control Zone District Board of
41 Supervisors.)
42
43 Browne reported for the Finance and Administrative Services Committee and
44 moved to approve the request.
45
46 The motion carried by the following vote:
47 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
48 Nays: None (0)
49
50 5. RESOLUTION AMENDING RESOLUTION 2015 -025 (ORDER VACATING A
51 PORTION OF DELTA LINE ROAD) TO ALLOW FOR A DUE DATE EXTENSION
52 (AB2015 -115B)
53
Regular County Council Meeting, 11/24/2015, Page 12
1 Brenner reported for the Public Works, Health, and Safety Committee and moved to
2 approve the resolution.
3
4 The motion carried by the following vote:
5 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
6 Nays: None (0)
7
8 6. REQUEST APPROVAL OF A ONE -YEAR EXTENSION OF THE GENERAL BINDING
9 SITE PLAN FOR THE BIRCH BAY SQUARE (NORTH) DEVELOPMENT (AB2015-
10 252)
11
12 Mann reported for the Planning and Development Committee and moved to approve
13 the request.
14
15 The motion carried by the following vote:
16 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
17 Nays: None (0)
18
19
20 INTRODUCTION ITEMS
21
22 Buchanan moved to accept Introduction Items one through six. The motion was
23 seconded.
24
25 The motion carried by the following vote:
26 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
27 Nays: None (0)
28
29 1. RECEIPT OF APPLICATION FOR THE WHATCOM COUNTY PLANNING
30 COMMISSION, DISTRICT 2 POSITION, APPLICANT: STEPHEN JORDAN
31 (AB2015 -342) (APPLICATION DEADLINE FOR ANY OTHER APPLICANTS TO
32 THIS VACANCY IS 10 A.M. ON DECEMBER 1, 2015)
33
34 2. ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A PLAN OF
35 CONVERSION, ARTICLES OF CONVERSION, A CERTIFICATE OF FORMATION,
36 AND A BEHAVIORAL HEALTH ORGANIZATION (BHO) INTERLOCAL
37 OPERATING AGREEMENT IN CONNECTION WITH THE CONVERSION OF
38 NORTH SOUND MENTAL HEALTH ADMINISTRATION (AB2015 -360)
39
40 3. ORDINANCE AMENDING THE 2015 WHATCOM COUNTY BUDGET,
41 THIRTEENTH REQUEST, IN THE AMOUNT OF $88,554 (AB2015 -361)
42
43 4. ORDINANCE AMENDING THE 2016 WHATCOM COUNTY BUDGET, SECOND
44 REQUEST, IN THE AMOUNT OF $188,333 (AB2015 -362)
45
46
47 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
48
49 Buchanan reported for the Natural Resources Committee on the discussion
50 regarding a proposed ordinance to establish a Whatcom County Comprehensive
51 Water Advisory Committee (AB2015 -363) and stated the committee voted to have the
52 Planning Unit and organizations listed in the proposed ordinance review the ordinance, and
53 also to have the legislative analyst prioritize his work to review the advisory committees to
Regular County Council Meeting, 11/24/2015, Page 13
1 find similarities and overlaps that could exist between existing committees and this potential
2 committee. This item was held in committee until February.
3
4 Mann reported for the Incarceration Prevention and Reduction Task Force and stated
5 he would like Council input on whether the Task Force priorities of reporting on a triage
6 facility and also working on overall diversion programs can be adjusted given the timeline.
7 The required design report due in January can be informed by a lot of other work the task
8 force is doing later in the year. He asked how the Task Force should proceed. He asked if
9 the Council wants a less specific triage center report in January or a more detailed report
10 later.
11
12 Brenner stated she would like a review on what the triage center is doing now. At
13 this point, the triage center doesn't seem to be functioning as a triage center now, but
14 maybe it is.
15
16 Mann stated the Task Force is going to give a report in January or February that will
17 include an update on the status of the triage center and all the other work being done by
18 the Task Force. He can provide updates on specific questions. Task Force subcommittees
19 are working on a variety of issues. Everyone is very engaged and working well together. It
20 is a very functional committee.
21
22 Brenner stated she would like an update on the beginning efforts of the Task Force.
23 There will be more updates on what needs to be done as they go along.
24
25 Mann stated there are three specific report deadlines in the original ordinance. It
26 sounds like the Council wants him to continue to prioritize the triage facility report, including
27 a review, design, programming, location, costs, budget, and benchmarks against national
28 standards, and do it as soon as possible.
29
30 The CouncH concurred.
31
32 Weimer stated there is less urgency to receive the reports from the Task Force since
33 the jail sales and use tax was not approved, but they still need to figure out what they want
.J4 as they move forward.
35
36 Mann stated the initial January report deadline was created to catch up to the
37 extended jail design that had already been done. Now that the jail is on hold, they have a
38 little more time to catch up. It's still a priority.
39
40 Browne stated there is less urgency in incorporating this information into the jail
41 construction plan. He supports giving the Task Force an extra month or so if necessary.
42
43 Sidhu stated that this will be part of any new jail plan they come up with, so
44 whatever the Task Force comes up with, it will have to be tweaked.
45
46 Browne reported on an article he read regarding invasive species and problems with
47 phosphorous and algae blooms from a newspaper in South Dakota. The problems they're
48 dealing with here are also occurring across the country. They are serious problems that
49 aren't isolated to Whatcom County.
50
51 Buchanan reported on the recent Peacebuilder Awards event by the Whatcom
52 Dispute Resolution Center. Many great things are happening in Whatcom County. There
53 was a very interesting poetry contest that many young kids entered.
Regular County Council Meeting, 11/24/2015, Page 14
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Councilmembers wished everyone a Happy Thanksgiving.
ADJOURN
The meeting adjourned at 8:45 p.m.
The County Council approved these minutes on February 9, 2016.
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WHATCOM COUNTY COUNCIL
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Carl Weimer, Council Chair
Regular County Council Meeting, 11124/2015, Page 15