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HomeMy WebLinkAboutPublic Works December 8 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 WHATCOM COUNTY COUNCIL Public Works, Health, and Safety Committee December 8, 2015 CALL TO ORDER Committee Chair Barbara Brenner called the meeting to order at 1:30 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Pete Kremen, and Ken Mann Absent: None Also Present: Barry Buchanan, Rud Browne, Satpal Sidhu, and Carl Weimer SPECIAL PRESENTATIONS 1. UPDATE FROM PUBLIC WORKS DIRECTOR JON HUTCHINGS (AB2015 -366) Jon Hutchings, Public Works Department, gave a staff report on recent events and emerging issues in the Public Works Department. He updated the councilmembers on recent Utilities and Transportation Committee (UTC) hearings on railroad crossing closings and plans. The administration made sure the hearing was held locally. The UTC judge will make a decision the first quarter of 2016. Councilmembers discussed the Council's lack of notification of the hearing, whether there is a process to appeal a decision, and the reason the railroad company needs the extra capacity. Dan Gibson, Prosecutor's Office, stated the railroad company argued they were addressing congestion on a spur and also that the Bellingham subdivision main line would benefit from a relief valve off the main line. The judge asked the company to produce records documenting the amount of congestion, but the railroad company could not provide them at that time. Hutchings continued his presentation on potential flooding that may occur that evening and on other recent storms, including the staff and resource costs. 2. PRESENTATION REGARDING A PROPOSED CHUCKANUT MOUNTAIN TRAIL PROJECT (AB2015 -397) Daniel Probst stated the request is to build 300 feet of trail on County park property to upgrade the existing Raptor Ridge Trail so its accessible to equestrians and mountain bikers. He described plans for the trail, the trail's history, size, location, and cost. The State Parks Department approved the plan for the State park property as long as the County approved the 300 -foot portion that is on County park property. Public Works, Health, and Safety Committee, 12/8/2015, Page 1 1 Councilmembers discussed whether they have been working with the County Parks 2 Department, who would pay for the upgrade, getting a land disturbance permit and 3 approval from the County, and whether the proponents have permission from the State 4 Parks Department to work on the State land. 5 6 Mike McFarland, Parks Department Director, stated the trail is used by hikers and 7 cyclists. Citizens have asked that the County not expand the trail. There is already a trail 8 connection for cyclists. He described the history of the trail, the steep slope, and questions 9 about maintenance. 10 11 Christ Thomsen, Parks Department, submitted and gave a presentation (on file) and 12 indicated the location on a map and described the proposal. Extensive retaining walls would 13 be required. There is already a trail that serves the majority of users. They try to minimize 14 parallel trails, which doubles maintenance requirements. It's a volunteer -built trail, but the 15 design and construction of the trail would have to be highly technical. For those reasons, 16 the Parks Department decided it wasn't a project they could support at this time. Since the 17 State Parks Department initially approved the project, the State has suspended all new trail 18 construction and is not supporting this project. The State will reconsider it next year. He 19 described and showed photos of the existing trail and of retaining wall and switchback 20 design constraints. 21 22 Councilmembers discussed the volunteers' abilities to address technical concerns, 23 how the citizen -led work on structural retaining walls has held up in other locations, 24 whether volunteers have the appropriate level of expertise to build a trail this structurally 25 difficult, whether there are a lot of sloughing and other weather impacts in that area, who 26 would do the maintenance if this trail were built, the reasons for the Parks Department's 27 opposition to the project, the individuals and community groups who don't support the 28 project, and limiting equestrian opportunities in the Lake Whatcom reconveyance area, 29 which is in the Lake Whatcom watershed. 30 31 Mike McGlenn, Backcountry Horsemen, stated scientific evidence shows that 32 equestrian use is not harmful to the Lake Whatcom watershed. 33 34 3, PRESENTATION REGARDING A PROPOSAL TO CONSTRUCT A LIGHTHOUSE 35 AT LIGHTHOUSE MARINE PARK IN POINT ROBERTS (AB2015 -364) 36 37 Mark Robbins, Point Roberts Lighthouse Society and Point Roberts Taxpayers 38 Association, stated they are in favor of creating a lighthouse at Lighthouse Marine Park. He 39 described the work put into the project so far, including meeting with the Parks and 40 Recreation _Commission and Parks Department. He described the history, community 41 support of the project, and fundraising efforts. The community will fund construction of the 42 lighthouse if the County will incorporate it into the County's Lighthouse Marine Park. They 43 have raised $500,000 for the project, but cannot be obligated to long -term funding. Today, 44 they are seeking the County's commitment and support, including financial support or 45 grants, to build the lighthouse. 46 47 Dorothy Sutton submitted a handout (on file) and spoke about their donation of 48 $500,000 to build a lighthouse at the park, how it could be staffed, and the benefits of a 49 lighthouse to the community. 50 51 Darrel Sutton spoke about the costs of operating the lighthouse and potential 52 revenue sources by using the lighthouse for education facilities and private events. 53 Public Works, Health, and Safety Committee, 12/8/2015, Page 2 1 2. 3 4 5 6 7 8 9 10 11 12 13 14 1S 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 5a 51 52 53 Dorothy and Darrel Sutton continued to speak about lighthouse design, getting a lighthouse light from the Coast Guard, and their donation. Brenner asked about how to make this work. Similar projects have been developed in the state. Mike McFarlane, Parks Department, stated this is a generous gift, would be a nice amenity, and would be heavily used. There are a number of challenges, including not having additional funds available. This is a public works project. They don't yet know what design elements are required, such as number of restrooms, whether the existing septic field is adequate, and what types of programs will be at the lighthouse. All those elements affect the design cost. If they want to go forward, put it in the comprehensive parks and recreation plan in January. The due date for the grant application process, which requires matching funds, is in March. They would not get notice of that until 2016 for distribution in late 2017. Begin to investigate what the County would require for a building permit. Weimer stated he supports the generous gift, which may have a lot of economic benefit. It may be possible to use tourism or other creative funding. Brenner moved to recommend to the full Council that the Council conceptually support the project. Kremen stated the people in Point Roberts feel the government neglects them. He supports this project for the people and for economic development opportunities. Mann stated he appreciates the gift. It's unfortunate the County doesn't have the resources to just accept a gift. The community wants outdoor trails and parks. Make sure they have resources available in the budget to maintain such a facility. Sidhu stated this is an example of the government making it more difficult, not less difficult, to do work. Just let them know the design requirements, and let the public build the project. He supports the project. Arthur Reber stated consider waiving the permitting fees and lease the land for one year for one dollar. The motion carried by the following vote: Ayes: Brenner, Kremen, and Mann (3) Nays: None (0) Mann moved to recognize the Suttons and their generous donation and efforts. The motion carried by the following vote: Ayes: Brenner, Kremen, and Mann (3) Nays: None (0) COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL Bill Elfo, County Sheriff, gave a staff report on the following six items and spoke on the failing conditions at the jail and minimum security facilities. Various systems are failing. There is a lack of space to treat those with mental illness. The minimum security facility has control systems that are also failing. The current conditions put people at risk and Public Works, Health, and Safety Committee, 12/8/2015, Page 3 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 51 52 53 create liability. He must place limits on the inmate populations at both facilities when the current agreements expire at the end of December. The population cap must be flexible, depending on the inmates. He looks forward to the recommendations of the Incarceration Prevention and Reduction Task Force. The City of Bellingham Mayor will consider making recommendations for decriminalizing certain public nuisances. The jail isn't set up to hold long -term inmates from the Lummi Nation, so the Tribe has agreed to consider alternatives. If it becomes necessary to define a cap, the priority will go to all those for whom the County is responsible. He described the service the jail provides to other jurisdictions. He will do everything he can to accommodate the cities, but if jail capacity reaches a peak, the cities will have to pick them up within 24 hours and make other arrangements. The City of Bellingham would like to have 72 hours to pick up the City's inmates. Kelli Linville, Bellingham Mayor, stated they are considering a contract with the facility in Yakima, but the timeframe for picking up the inmates from the County jail is a problem. They are working on a solution. Weimer asked if the City of Bellingham is okay with the agreements as proposed in the Council packet. Elfo stated that as written, he has the discretion to adjust the City's deadline of 72 hours. Linville stated she agrees with the discretion allowed in the contract language. She agrees with the Sheriff's assessment of the jail population. Their arrangement with Yakima is temporary until the Task Force makes decisions or there is a new facility. 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM TO EXTEND THE JAIL USE AGREEMENT FOR SIX MONTHS THROUGH JUNE 30, 2016 (AB2015 -394) Mann moved to recommend approval to the full Council. The motion carried by the following vote: Ayes: Brenner, Kremen, and Mann (3) Nays: None (0) 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BLAINE TO EXTEND THE JAIL USE AGREEMENT FOR SIX MONTHS THROUGH JUNE 30, 2016 (AB2015 -394A) Mann moved to recommend approval to the full Council. The motion carried by the following vote: Ayes: Brenner, Kremen, and Mann (3) Nays: None (0) 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE CITY OF EVERSON TO EXTEND THE JAIL USE AGREEMENT FOR SIX MONTHS THROUGH JUNE 30, 2016 (AB2015 -394C) Public Works, Health, and Safety Committee, 12/8/2015, Page 4 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 Mann moved to recommend approval to the full Council. The motion carried by the following vote: Ayes: Brenner, Kremen, and Mann (3) Nays: None (0) 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE CITY OF FERNDALE TO EXTEND THE JAIL USE AGREEMENT FOR SIX MONTHS THROUGH JUNE 30, 2016(AB2015 -3948) Mann moved to recommend approval to the full Council. The motion carried by the following vote: Ayes: Brenner, Kremen, and Mann (3) Nays: None (0) 5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE CITY OF LYNDEN TO EXTEND THE JAIL USE AGREEMENT FOR SIX MONTHS THROUGH JUNE 30, 2016 (AB2015 -394D) Mann moved to recommend approval to the full Council. The motion carried by the following vote: Ayes: Brenner, Kremen, and Mann (3) Nays: None (0) 6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE CITY OF SUMAS TO EXTEND THE JAIL USE AGREEMENT FOR SIX MONTHS THROUGH JUNE 30, 2016 (AB2015 -394E) Mann moved to recommend approval to the full Council. The motion carried by the following vote: Ayes: Brenner, Kremen, and Mann (3) Nays: None (0) OTHER BUSINESS There was no other business. Public Works, Health, and Safety Committee, 12/8/2015, Page 5 4 5 6 7 9 10 11 12 13 14 15 16 17 18 ADJOURN The meeting adjourned at 3:12 p.m. ATTEST: 11111/ /�j� d J aa-n o rn - Uis . Council (Berk ILL e ! 0 G O' Z y C) ---- r . Jill Nixof-ts,jginutesl- Trangtription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barbara Brenner, Committee Chair Public Works, Health, and Safety Committee, 12/8/2015, Page 6