HomeMy WebLinkAboutCouncil September 29 20151 WHATCOM COUNTY COUNCIL
2 Regular County Council Meeting
3
4 September 29, 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
15 Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Pete Kremen,
16 Rud Browne and Barry Buchanan.
17 Absent: None.
18
19
20 FLAG SALUTE
21
22
23 ANNOUNCEMENTS
24
25 Weimer announced there was discussion with Whatcom County Public Works staff
26 regarding a potential property acquisition for the Whatcom County Flood Control Zone
27 District (AB2015 -018).
28
29 Buchanan moved to authorize the Executive, acting on behalf of the Whatcom
30 County Flood Control Zone District Board of Supervisors, to move forward with and
31 complete acquisition of three properties, as long as the purchase price of the properties
32 does not exceed the amount discussed in executive session. The motion was seconded.
33
34 The motion carried by the following vote:
35 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
36 Nays: None (0)
37
38
39 CITIZEN BOARD AND COMMITTEE VACANCIES
40
41 Weimer announced a vacancy on the Planning Commission.
42
43
44 PUBLIC HEARINGS
45
46 1. RESOLUTION APPROVING THE WHATCOM COUNTY SIX -YEAR
47 TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2016
48 THROUGH 2021 (AB2015 -271)
49
50 Weimer opened the public hearing, and the following people spoke:
51
52 Mark Greenberg, Parkstone Community Association, stated the plan is good for the
53 county. The plan must continue to include funding for a crosswalk on Lakeway in proximity
Regular County Council Meeting, 9/29/2015, Page 1
1 to Parkstone Lane. A study's determination requires continued consideration. A crosswalk
2 is the most viable, cost - effective, and fiscally responsible solution to the ongoing issue of
3 pedestrian and bicycle safety.
4
5 Carol Dittrich stated there has been an increase in traffic on Lakeway Drive at
6 Parkstone Street. The amount of traffic continues to increase. She supports having a
7 crosswalk in that area.
8
9 Lorraine Baumgarten stated it's difficult to cross Lakeway Drive at Parkstone Street.
10 She once had to wait for 33 cars to cross before she could pull out. Keep this project on the
11 list.
12
13 Dave Rogers stated he lives on Oriental Avenue near Lakeway Drive. The contractor
14 who developed Parkstone was supposed to put in a crosswalk. The bicycle lanes outside the
15 city limits are wider than in the city limits. There was also supposed to be a center lane.
16 He asked what happened to those funds. Eventually there will be a fatality at that location.
17
18 Eileen Kadish stated funds were designated for a project, but the Public Works
19 Department hasn't implemented the project. Money for the project recommended by the
20 County staff would have to come from grants, but other projects in the Puget Sound area
21 would be higher priorities. This will delay the crosswalk project for many years. Other
22 projects in the county have been done that don't meet the warrants. The latest traffic count
23 was done during the summer. Residential growth and the latent demand for walking have
24 not been considered. Crosswalks are the safest place to cross according to a National
25 Highway Traffic Safety Administration study. Motorists don't understand that pedestrians
26 have the right -of -way at unmarked crosswalks. The location at Parkstone Lane has the best
27 sight distance in the area. It is centrally - located and could serve several neighborhoods.
28 Install a low cost crosswalk at Parkstone Lane and Lakeway Drive in 2016.
29
30 Victor Insera stated he lives near the Parkstone neighborhood. He bikes his
31 daughter to school many days. They have a difficult time getting across Lakeway Drive.
32 There's no safe crossing at Lakeway. They are also concerned that there isn't safe access
33 for bus stops. He supports a crosswalk project in that area.
34
35 Cleo Callen stated provide more money for the Slater Road and Aldrich Road
36 connection. The Ferndale City Council passed a resolution asking for the Slater Road
37 connection. The Lummi Tribe supports it. More than 20,000 people support the connection.
38 There is $50,000 for engineering, which is a small portion of what's required. The Lummis
39 can provide grant money to support the project, but it needs to be ready to go to bid.
40 Developers are interested in a public - private partnership to develop the connector, which
41 can lessen the County's cost for the project. He doesn't have anything against Horton
42 Road, which the administration moved above the Slater Road connection. The Horton Road
43 connection is simply a project to help Costco. Include enough money for Slater Road to
44 fund right -of -way acquisition, permitting, and engineering to get the project ready to bid, so
45 they can find grant funds for construction.
46
47 Hearing no one else, Weimer closed the public hearing.
48
49 Kremen moved to refer to the Public Works Committee. The motion was seconded.
50
51 Joe Rutan, Public Works Department, stated the projects discussed are all on the six -
52 year program in year one and will be part of the annual construction program. They can
53 hold this in committee or pass it tonight. Once passed, they will discuss it in the context of
Regular County Council Meeting, 9/29/2015, Page 2
1 the annual construction program in two weeks and they can discuss these projects
2 specifically. The six -year program is a planning document. The annual construction
3 program is a financial document.
4
5 Brenner stated keep it in committee. Things need to be done. Jack Petree provided
6 comments on other issues that need to be included in the six -year road program. The
7 Lakeway crosswalk needs to be more than a placeholder. The Slater Road connector should
8 eventually go to the Guide Meridian. The Council has never focused on Horton Road as
9 much as on Slater Road. Horton Road seems to be a very special interest for Costco. It
10 makes no senses except to get people to the new Costco. That was supposed to be done
11 with money from the City of Bellingham, not Whatcom County. Whatcom County road
12 money is for roads in the unincorporated area, not in the city. Focus on the Slater Road
13 connector, which is for people in the unincorporated area. She would like this referred back
14 to her committee.
15
16 Kremen stated the Council was told that the projects in the Six -Year Transportation
17 Improvement Plan are not in priority order. Rutan stated that's correct.
18
19 Kremen stated it's premature to pass the plan at this time. It should go into
20 committee. All these projects are important. The Council should consider it more
21 thoroughly.
22
23 Mann stated they discussed these projects in committee. He's comfortable sending it
24 forward as it is. Slater Road will also connect two segments of Bellingham. That is part of
25 their job. The unincorporated areas are paying the road taxes. The same argument could
26 be made about Slater Road that was made about Horton Road. He will vote against the
27 motion to hold. They've already discussed it in committee.
28
29 Brenner stated the Slater Road connector is more central than the Horton Road
30 connector. Developers in the area have offered to help pay for it. It also goes to areas in
31 the county. Many people come back from the refineries at the end of the day who want to
32 go east. It's more about unincorporated Whatcom county than it is a project- specific goal.
33 Jack Petree's letter had brought up many questions for which she needs answers.
34
35 Kremen asked if there is a time constraint with keeping it in committee.
36
37 Jon Hutchings, Public Works Department Director, stated there are no pressing
38 concerns requiring them to pass this immediately. However, this is not the right document
39 about which to have these debates. Begin looking at the annual program, which will be
40 where they designate funding for specific projects. He referenced Council packet page 242
41 and stated three projects are focused on the Slater Road project, which are the intersection,
42 extension, and ancillary investments. It is funded for predesign in 2016. The Horton Road
43 project has $1.2 million associated with it, because the developer proposes to accomplish its
44 development goals by finishing Horton Road, pursuant to the City's needs. The extension
45 goes through the county to Northwest Road. The $1.2 million is developer money that goes
46 into design of the County's portion. It doesn't address construction, which will happen in
47 2019 or later. It will likely also have associated grant funds for engineering. All those
48 projects exist in the annual program for 2016.
49
50 The Lakeway crosswalk project is also in the annual plan. There is $400,000 that
51 carries over from this year, which is earmarked for a crosswalk somewhere in the vicinity of
52 Parkstone. The Council has not yet decided where. That decision will come forward. Move
53 this resolution forward to queue up the conversation that these folks want to have.
Regular County Council Meeting, 9/29/2015, Page 3
1
2 Kremen asked if moving forward on this resolution allows them to make
3 modifications or adjustments, and re- prioritize any of the projects on the list. Hutchings
4 stated that's correct. Grant funds associated with specific projects can't be moved, but they
5 can adjust anything else.
6
7 Kremen withdrew his motion.
8
9 Mann moved to approve the resolution. The motion was seconded.
10
11 Sidhu stated this is an annual process they go through every year. The six -year plan
12 is a vision plan that is updated every year. The spending authority goes with the annual
13 plan, which the Council can change.
14
15 Brenner stated they still have to renegotiate the other years, which can't be done in
16 the annual program. Most of these projects are multi -year projects. She asked if they have
17 to redo the six -year program, which has to be amended unanimously. Hutchings stated
18 that if the Council wants to move forward with a project, the remaining part of the work
19 would be rolled over in the six -year plan next year.
20
21 Joe Rutan, Public Works Department, stated the annual construction program
22 matched the six -year plan identically only once in the years he's worked here. It's more
23 common for it to be slightly different.
24
25 Weimer stated he supports the motion. Have the discussion in the annual plan. He's
26 not interested in rushing forward with the Slater Road project, because many rural residents
27 don't see what's coming up. They need more time to consider it.
28
29 Kremen stated there is $400,000 for the Lakeway Drive crosswalk project. He's
30 satisfied with moving forward. There is time and opportunity to fine -tune the six -year
31 program.
32
33 Brenner stated the crosswalk has been a placeholder, but hasn't moved forward.
34 There has been enough evaluation of the area. The Council majority doesn't agree with the
35 administration. Don't delay the project because of that argument.
36
37 Buchanan asked when the six -year plan is submitted to the Council of Governments
38 (COG). Rutan stated it is sent to the COG and Statewide Transportation Improvement
39 Program (STIP) as soon as it's adopted.
40
41 Brenner asked if there is grant money for Slater Road. Rutan stated the Slater Road
42 project did not compete well for the grant money. The Horton Road project has a $1 million
43 grant. Grant funds are often judged on multi - jurisdictional coordination.
44
45 Brenner asked why they did not submit a joint grant proposal with the Lummi Nation
46 and the City of Ferndale on the Slater Road project. Rutan stated it was not yet very
47 developed. The County acquired the right -of -way in the 1980s. The Horton Road project
48 competed well and was able to get a million in grant funds.
49
50 Brenner asked if they tried to get grant funds for Slater Road. Rutan stated they
51 only submitted one. They compared all the projects to see which would score best and
52 compete best for the funds. The Horton Road project was the superior project by far. If
Regular County Council Meeting, 9/29/2015, Page 4
they had submitted the Slater Road project, they would not have gotten any funds. The
Slater Road project simply did not score based on the criteria of that grant.
Brenner asked when they can apply again. Rutan stated this funding source is
biannual, but there are other funding sources. They will come back in 2016 with a
development plan that includes sequencing and different funding sources.
Browne stated it's worthwhile remembering that they currently have 32 projects
listed on the road capital construction project list. Thirty of those were identified before the
Parkstone community project. Each of those projects affects different communities around
the county. Those citizens have an expectation that their needs will be met. How quickly
the County can do these projects is a function of how much the citizens are willing to tax
themselves and how much the State and federal governments are willing to contribute. Be
mindful that they can't take a pet project and put it to the top of the list. Everyone else has
an expectation that their project is being done as well.
Brenner stated it's not a pet project. It makes a lot of sense to her. They have
talked about this for years. She thought part of the money the County was getting was for
the Slater Road connector to Aldrich Road. She didn't realize it would all be tied up with
Horton Road. This has been on the Council's agenda for a long time.
The motion carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (6)
Nays: Brenner (1)
2. ORDINANCE ESTABLISHING A REDUCED SPEED LIMIT ON A PORTION OF
SAMISH WAY (AB2015 -274)
Weimer opened the public hearing, and the following people spoke:
Paulette Peterson asked if this meets warrants. The parking is an issue on the
warmest weekends of the summer. On a daily basis, there is nothing going on there.
Instead of reducing the speed limit, use other caution methods to warn people.
Adam Morvee stated there is a significant increase in traffic at the Galbraith parking
lot and overflowing of the parking lot. He supports the lower speed limit. He asked to
eliminate the entire 50 mile per hour zone. Fewer signs would be needed for reduced
speeds and the changing speed zones. Safety concerns include more residences in that
area. The area continues to grow. Excessive speeding will decrease. People won't slow
down to a safe speed before reaching the Galbraith parking lot. It would increase the safety
of pedestrians and cyclists throughout the zone. The road is a route for cycling events.
Road noise in the area will decrease. Icy conditions in the winter are a safety concern south
of Galbraith Lane, which gets very icy. Road maintenance would cost less if the speed limit
were lower.
Mike Diehl stated the Galbraith parking lot is often full, not just on weekends.
People from all over the region come to ride on Galbraith Mountain. Many times, cars will
attempt to pass slower traffic, causing a safety concern. Extending the 35 mile per hour
zone well past the parking lot will increase safety for cyclists and pedestrians. He supports
the resolution.
Browne asked about extending the 35 mile speed limit all the way to the freeway.
Diehl stated it makes sense. A very short distance remains at 50 miles per hour.
Regular County Council Meeting, 9/29/2015, Page 5
Eric Brown, Whatcom Mountain Bike Coalition Trail Director, stated there are
dangerous conditions at the Galbraith parking area when people attempt to pull out of the
lot. Parking on the north side of Samish Way and the 50 mile per hour signs are a problem.
It's not a problem just on the weekend. Mountain biking clubs use the parking area.
Getting across the road is scarier than mountain biking on the trails. He supports the
slower speed limit. It's a public safety issue.
Hearing no one else, Weimer closed the public hearing.
Mann moved to adopt the ordinance. The motion was seconded.
Browne moved to amend to extend the slower speed limit to the freeway or the
next logical change.
Joe Rutan, Public Works Department, stated the staff struggled with that question.
It doesn't meet warrants past this area. They are comfortable changing the speed limit past
Galbraith because they are seeing a speed differential. As people approach the Galbraith
area, they slow down because of all the cars and movement. When there is a lot of traffic
at the Galbraith intersection, the actual speeds are a little over 40 miles per hour.
Extending it past Galbraith Road will be a little bit of an enforcement issue. He's
comfortable with the staff recommendation. The speed differential is as much a problem as
speed itself. The concern is with setting the speed limit artificially.
Browne asked where it converts back to 35 miles per hour. Rutan stated it converts
back to 35 miles per hour at the interchange with Interstate 5 at Samish.
Mann asked about the 85th percentile and if people travel at 50 miles per hour
because that's the speed limit. Rutan stated 85 percent of people will drive a road at what
is comfortable and safe, regardless of the actual speed limit. He recommends that the
speed limit be set at that 85th percentile.
Mann asked if widening and straightening roads encourages people to drive faster.
Rutan stated it potentially does, but accident rates will go down. The number one thing to
do to make a road safer is to create a shoulder that acts as a clear zone recovery area.
Speeds will go up, but accidents and fatalities will go down. The geometrics of a roadway
influences driver behavior more than the speed limit.
Sidhu stated they will go through this process to change the speed limit again in
another few years. Just do it now.
Karen Frakes, Prosecutor's Office, stated they would need to re- advertise the
ordinance for a public hearing to make the change.
Browne asked what are the current and proposed speed limits. Rutan described the
current speed limits and the proposed new speed limits along the road. The stretch of road
where the speed limit is 50 miles per hour is less than a mile long. It is a wide open,
straight road with a large shoulder. A speed limit of 35 miles per hour feels abnormally
slow to people. People will not drive that speed. The County will have a continual problem
with people complaining about speeding. It will become an enforcement issue. Speed
differentials will develop and can cause as much of a problem as speed itself.
Regular County Council Meeting, 9/29/2015, Page 6
1 Browne stated he's open to doing something outside the warrants if it's safer, but
2 not if it's less safe. Rutan stated the warrants don't recommend going to a speed limit of 35
3 miles per hour for that stretch of road.
4
5 Browne withdrew his motion to amend.
6
7 Brenner moved to refer to the Public Works Committee. She would like to have
8 more discussion. They haven't really discussed this option.
9
10 Jon Hutchings, Public Works Department, described the speed limits along the entire
11 stretch of the road.
12
13 Brenner withdrew her motion to refer to committee. It makes sense if the speed
14 limit increases to 50 miles per hour approaching the freeway. She asked about a zigzag on
15 Samish Way. Rutan stated it is a striping technique that has been used for years in Europe.
16 It designates the potential for pedestrians. It's not adopted into the current Manual on
17 Uniform Traffic Control Devices (MUTCD). It's something that may be allowed as
18 experimental. He'll look into it.
19
20 Mann stated he supports the ordinance. There are many cars at that parking lot.
21 This is an example of recreation economy bringing tourists to the area. Now the County
22 must adjust to the reality, slow down the speed limit, and fix the parking.
23
24 The motion carried by the following vote:
25 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
26 Nays: None (0)
27
28 3. ORDINANCE ESTABLISHING A PARKING RESTRICTION ON A PORTION OF
29 SAMISH WAY (AB2015 -275)
30
31 Weimer opened the public hearing, and the following people spoke:
32
33 Eric Brown stated they want safer access and sight distance. Long -term signage
34 would be great for people who use the mountain and for the neighbors in the area.
35
36 Browne stated they are dropping the speed limit in the area, which makes the egress
37 across from the parking safer. He's concerned about shutting down the parking, and asked
38 what people will do. Brown stated they have asked for the north side of Samish Way, so
39 people can see when they pull out of the parking area. There's no visibility when pulling
40 out.
41
42 Hearing no one else, Weimer closed the public hearing.
43
44 Brenner asked what steps the County is taking to create safe parking that doesn't
45 interfere with neighbors.
46
47 Joe Rutan, Public Works Department, stated the Parks Department is negotiating
48 with the City of Bellingham to develop a parking lot up there. This is an interim solution.
49
50 Kremen moved to adopt the ordinance. The motion was seconded.
51
Regular County Council Meeting, 9/29/2015, Page 7
Mann stated they need a solution soon. He assumes it's the City's job, since it's
their park across the street. He asked if something like that would be on the six -year
transportation plan. Rutan stated it is a park plan, not a transportation plan.
Mann stated folks from all over the region use the park. The visibility is extremely
dangerous. There's nowhere for pedestrians if cars are using up the shoulders. He
supports this solution.
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:
• John Patton submitted a handout (on file) and spoke about property rights
versus critical areas.
• Peter Willing submitted and read from a handout (on file) and spoke about
enforcement of the Glen Echo Garden conditional use permit.
• Theresa Sygitowicz submitted a handout (on file) and spoke about integrity in
public service.
• Lynn Barton spoke about appointments to the Wildlife Advisory Committee.
CONSENT AGENDA
Browne reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through six and eight through 13. There is a
substitute for Consent Agenda item 12. Item seven is held in committee.
The motion to approve Consent Agenda items one through six, and eight through 13
carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON DEPARTMENT
OF SOCIAL & HEALTH SERVICES, DIVISION OF BEHAVIORAL HEALTH AND
RECOVERY, FOR SUBSTANCE ABUSE PREVENTION SERVICES, IN THE
AMOUNT OF $286,853 (AB2015 -281)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON DEPARTMENT
OF SOCIAL & HEALTH SERVICES, DIVISION OF BEHAVIORAL HEALTH AND
RECOVERY FOR SUBSTANCE ABUSE TREATMENT SERVICES, IN THE AMOUNT
OF $964,115 (AB2015 -282)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND KULSHAN SERVICES LLC FOR
THE CONTINUATION OF PRIVATE STORMWATER FACILITY MAINTENANCE
EDUCATION AND INSPECTION PROGRAM FOR WESTERN WASHINGTON
Regular County Council Meeting, 9/29/2015, Page 8
PHASE II MUNICIPAL STORMWATER PERMIT COMPLIANCE, IN THE AMOUNT
OF $41,648 (AB2015 -283)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LAND
LICENSE AGREEMENT BETWEEN WHATCOM COUNTY AND ROB RIENSTRA OF
BACKYARD BEES, LLC FOR ACCESS ONTO A PORTION OF COUNTY PROPERTY
KNOWN AS LAUREL PIT AND F34 PIT TO USE FOR PLACEMENT AND
SERVICING OF BEE HIVES (AB2015 -284)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND VAN NESS
FELDMAN, LLP, FOR OUTSIDE LEGAL REPRESENTATION, IN THE AMOUNT OF
$15,000 (AB2014 -136D)
6. REQUEST APPROVAL OF THE 2015 -2016 COLLECTIVE BARGAINING
AGREEMENT BETWEEN WHATCOM COUNTY AND INTERNATIONAL
ORGANIZATION OF MASTERS, MATES AND PILOT AND INLANDBOATMEN'S
UNION OF THE PACIFIC (AB2015 -285)
7. REQUEST AUTHORIZATION FOR THE 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)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE THE
PURCHASE OF SNOW AND ICE CONTROL PRODUCTS FOR THE REMAINDER
OF 2015 AND THROUGH 2016 FROM VENDOR LTI, INC., USING
WASHINGTON STATE CONTRACT #02714, IN AN AMOUNT NOT TO EXCEED
$80,000 (AB2015 -287)
9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE THE
PURCHASE OF AUTO BODY REPAIR SERVICES FOR THE REMAINDER OF 2015
USING THE WASHINGTON STATE CONTRACT #01909, THROUGH THE CEI
GROUP AND AUTHORIZED LOCAL VENDOR GITT'S AUTOBODY, IN AN
AMOUNT NOT TO EXCEED $80,000 (AB2015 -288)
10. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #15 -58
AND ENTER INTO A CONTRACT FOR THE ANNUAL SUPPLY OF DELIVERED
FUEL TO THE CENTRAL SHOP, THE LUMMI FERRY AND SILVER LAKE PARK TO
THE LOWEST BIDDER, REISNER DISTRIBUTOR, INC., IN THE AMOUNT OF
$531,928.50 (AB2015 -289)
11. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND RESOURCES FOR THE
PROVISION OF YOUTH WASTE REDUCTION AND RECYCLING EDUCATION
PROGRAMS IN THE AMOUNT OF $35,000 (AB2015 -290)
12. RESOLUTION TO ADD AN ALTERNATE DIRECTOR TO THE WASHINGTON
COUNTIES RISK POOL '(WCRP) BOARD (AB2015 -291)
13. RESOLUTION ORDERING THE CANCELLATION OF UNCLAIMED CHECKS MORE
THAN TWO YEARS OLD (AB2015 -251)
Regular County Council Meeting, 9/29/2015, Page 9
OTHER ITEMS
1. ORDINANCE AMENDING THE 2015 WHATCOM COUNTY BUDGET, TENTH
REQUEST, IN THE AMOUNT OF $165,635 (AB2015 -276)
Browne reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
2. RESOLUTION AMENDING THE 2015 WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BUDGET, FOURTH REQUEST, IN THE AMOUNT OF $340,000
(AB2015 -277)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the resolution.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
3. RESOLUTION REQUESTING THE COUNTY EXECUTIVE CONTINUE TO
NEGOTIATE WITH THE CITY OF BELLINGHAM ON A NEW LONG TERM JAIL
FACILITY USE AGREEMENT (JFUA) WHILE THE VOTERS CONSIDER BALLOT
PROPOSITION NO. 1, JAIL FACILITIES SALES AND USE TAX (AB2015 -278)
Browne moved to approve the substitute resolution. The motion was seconded.
Mann stated he does not support the resolution. They have a clear idea of the
financial implications of a jail this size. There is no agreement with Bellingham. Do not
vote in favor of anything regarding the jail facility use agreement, because it implies he
supports the jail project, which he doesn't. Vote against this motion. Don't send the
message that they are happy with where they are going.
Brenner stated she supports the project, especially with the additional space and
services for people with mental health and substance abuse issues and to help people with
training and education. She hopes the County and City will come up with a workable
agreement.
Browne stated the purpose of this is to try and break the logjam in negotiations. He
respects that the City of Bellingham, members of community, and Councilmember Mann
have concerns about the size and character of the jail as proposed. It's fair to say there are
still unanswered questions. The biggest questions will be raised by the Incarceration
Prevention and Reduction Task Force, which won't produce results of their deliberations until
the next year. The purpose of this is to acknowledge that there are significant motivators,
including the universally agreed upon fact that the current jail needs to be replaced. The
Regular County Council Meeting, 9/29/2015, Page 10
1 issues with the size of the jail and the funding mechanism aren't going to be resolved
2 between now and when the ballot measure is decided. The point is simply to acknowledge
3 where they all agree, where they still have work to do, and that they aren't going to get this
4 done before the ballot initiative passes. Move ahead and secure the funding for both the jail
5 replacement and the other programs they want to do. If they don't get the funding,
6 everything else is moot. This is not approval of anyone's view of the jail. This is silent on
7 which jail option to choose. It simply says they should move forward with obtaining funding
8 to continue working on the agreement.
9
10 Mann stated he's not comfortable telling the people that they want a sizeable tax
11 increase, because they don't know how it will be spent or apportioned.
12
13 Sidhu stated continuing discussions since August between the County and City have
14 shed light on many issues. The City has pinpointed its issues. This process continues.
15 They are finding more points of both agreement and disagreement. They must continue. If
16 the voters pass this increase, they have a place to start.
17
18 Browne submitted a separate resolution (on file) which is the next step to develop
19 models to answer key questions, such as jail size, financing model, and current use by
20 different parties. Part of the reason they've struggled in answering these questions is
21 because they haven't had the tools necessary for a deal this size and this complex. He will
22 ask the County and City to work together and come up with models to answer these
23 questions, make those models available to the citizens, and allow everyone to try different
24 scenarios. That will develop a good answer about the right size of the jail and the financial
25 model.
26
27 Brenner stated the State could create tougher sanctions on some activities, such as
28 drunk driving. When someone drives drunk, they are operating a loaded weapon. That
29 shouldn't be a misdemeanor. The whole purpose of the new jail is to create something that
30 is extremely different from many other types of jails. There is a large focus on preventing
31 recidivism and giving people tools to make better choices. If they pass this, they will still
32 refine how to get to completion. People agree they need a new, humane jail. She has
33 concerns about spending money wisely, but waiting longer makes it more expensive. The
34 final product will provide people with many alternatives. If they have any extra room in the
35 jail, they can use it for social services and other things they are focused on.
36
37 Mann stated it's not okay to approve this tax without knowing what size of jail they
38 need. They don't know yet whether Bellingham will be a member and what the alternatives
39 and measurements should be. He is not comfortable asking the voters to tax themselves so
40 the County can build a huge project without knowing the size and the cost. It's contrary to
41 what they say they believe in as responsible stewards of public finances.
42
43 Brenner stated she's taken enough time to meet with the Sheriff, consultants, and
44 Executive's Office to be convinced in the purpose and plan. Nothing in the ballot proposal
45 prevents them from making necessary changes.
46
47 Browne stated that if the ballot measure passes and they have a funding source, the
48 ultimate decisions, including jail contracts, are with the Council. The jail won't get built until
49 the Council is satisfied that it is meeting the needs of the community. Passing the ballot
50 measure doesn't lock in the decision about what the jail and programs will look like. The
51 Council still has control over that through the budget process.
52
Regular County Council Meeting, 9/29/2015, Page 11
1 Weimer stated he supports the resolution, even though he has some problems with
2 it. The resolution talks about the County and City of Bellingham continuing to negotiate.
3 They must include the small cities in the negotiation. The City had the sense that the
4 County was providing only one option and wasn't willing to negotiate. Regardless of
5 whether the ballot measure passes, the County must send a clear signal to the City of
6 Bellingham that it has heard their concerns and wants to keep talking and negotiating.
7
8 Brenner stated the County Council voted to meet with the Bellingham City Council,
9 but they didn't want to. She doesn't know where the City gets the opinion that the County
10 Council doesn't want to negotiate.
11
12 The motion carried by the following vote:
13 Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Kremen (6)
14 Nays: Mann (1)
15
16 4. CONSIDERATION OF APPOINTMENT TO FILL THE COUNCIL'S LEGISLATIVE
17 ANALYST POSITION (AB2015 -043)
18
19 Mann moved to appoint Forrest Longman to the legislative analyst position. The
20 motion was seconded.
21
22 Brenner stated she is opposed to the position, but she met Mr. Longman and
23 approves of his appointment. He is extremely qualified.
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
30 COUNCIL APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
31
32 1. NOMINATION AND APPOINTMENT TO FILL VACANCIES ON THE WILDLIFE
33 ADVISORY COMMITTEE, VARIOUS POSITIONS - APPLICANT(S): BARRY
34 WENGER, CHRISTOPHER KAZIMER, VIKKI JACKSON, JOHN MCLAUGHLIN,
35 FRANK BOB, GREG DUNPHY, WENDY HARRIS (AB2015 -175A)
36
37 Browne moved to hold in Council for two weeks to receive more applications. The
38 motion was seconded.
39
40 Browne stated the application deadline is extended to one week from today.
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
47 EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
48
49 1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
50 MICHELE ZLOTEK TO THE BELLINGHAM - WHATCOM COUNTY COMMISSION
51 AGAINST DOMESTIC VIOLENCE (AB2015 -292)
52
53 Buchanan moved to confirm the appointment. The motion was seconded.
Regular County Council Meeting, 9/29/2015, Page 12
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
2. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
BAOZHEN LUO TO THE NORTHWEST SENIOR SERVICES BOARD (AB2015-
293)
Browne moved to confirm the appointment. The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
3. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
GWEN VANDERHAGE TO THE WHATCOM COUNTY LIBRARY SYSTEM (RURAL
LIBRARY) BOARD (AB2015 -294)
Kremen moved to confirm the appointment. The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
COMMITTEE REPORTS
There were no committee reports.
OTHER ITEMS AND COUNCILMEMBER UPDATES
Browne moved to introduce the following item for discussion at the next meeting:
Resolution requesting the County Executive to develop spreadsheet models to make
it easier for the Whatcom County Council, the City of Bellingham, and other interested
parties to understand the impact of the various proposals related to a new long term jail
facility use agreement (JFUA) (AB2015 -295).
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Mann asked for an update on the Glen Echo Gardens issue.
Tyler Schroeder, Executive's Office, stated the Executive has talked to neighbors in
the area. This is a situation that includes enforcement cases involving the conditional use
permit process. The Hearing Examiner places conditions on a property owner to run his or
her business associated with those conditions. The property seems to not be running the
business within those conditions. There are steps in the Hearing Examiner conditional use
permit process to have a discussion on whether or not the conditions are being
accomplished. He will give a report to the Council on the exact status in the near future.
Regular County Council Meeting, 9/29/2015, Page 13
1
2 Karen Frakes, Prosecutor's Office, stated don't get too involved in whether there is a
3 violation. An appeal of the Hearing Examiner decision on whether there is a violation could
4 come to the Council for consideration.
5
6 Kremen stated this is an Executive branch issue at this point. The Council should
7 refrain from dealing with this. Schroeder stated he agrees.
8
9 Weimer stated that during the last budget discussion, the Council included money for
10 better enforcement. They could discuss how that effort is going. Schroeder stated he can
11 make a presentation in committee. This is an example of enforcement complications and
12 how long it can take to enforce land use decisions.
13
14 Mann stated get rid of the conditional use permits altogether. They're difficult to
15 obtain and difficult to enforce.
16
17 Browne stated the purpose of a conditional use permit is to allow a variance from the
18 rules. It works for those in compliance. This is a situation in which someone is out of
19 compliance. Schroeder stated there are a number of conditional use permits in Whatcom
20 county in which property owners are following the conditions. The Council and Executive
21 don't hear about those permits. Don't jump to the conclusion that conditional use permits
22 may not work. There are many in the county that abide by their conditions.
23
24 Browne reported on a seminar he attended on management of small timber holdings,
25 hosted by Tom Westergreen and Washington State University Cooperative Extension. ...
26
27 Mann reported on the first Incarceration Prevention and Reduction Task Force
28 meeting on September 21. The next meeting is this Monday morning at 9 a.m. in the
29 Courthouse Fifth Floor Conference Room.
30
31 Sidhu reported he has been meeting many new people in the county and hearing
32 about their issues.
33
34
35 ADJOURN
36
37 The meeting adjourned at 9:00 p.m.
38 �%0,;
39 , The Cggnty Council approved these minutes on February 9, 2016.
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42 A]-EST: F° WHATCOM COUNTY COUNCIL
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44 C) • -k
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46
48 Dana Brown-Dav i�' Council Clerk Carl Weimer, Council Chair
49
50
51
52
53 Jill Nixon, Minutes Transcription
Regular County Council Meeting, 9/29/2015, Page 14