HomeMy WebLinkAboutCouncil November 10 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
Regular County Council Meeting
November 10, 2015
CALL TO ORDER
Council Chair Carl Weimer called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Pete Kremen,
Rud Browne and Barry Buchanan.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
Weimer announced an opening on the Planning Commission. He reported for the
Committee of the Whole on the discussion regarding possible changes to the general
areas of responsibility assigned to County Council committees and a proposal to
rename the Council's Public Works, Health, and Safety Committee (AB2015 -340)
and a discussion regarding work assignment proposals for the Council's Legislative
Analyst (AB2015 -341).
PUBLIC HEARINGS
1. RESOLUTION APPROVING THE WHATCOM COUNTY 2016 ANNUAL
CONSTRUCTION PROGRAM (ACP) (AB2015 -305)
Weimer opened the public hearing and, hearing no one, closed the public hearing.
Browne moved to approve the resolution, excluding items R5 and R8, to vote on
them separately. He will abstain from voting on those items. The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Weimer moved to approve the entire resolution. The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Kremen (6)
Nays: None (0)
Abstains: Browne (1)
2. RESOLUTION REGARDING WHATCOM COUNTY FLOOD CONTROL ZONE
DISTRICT SIX -YEAR WATER RESOURCES IMPROVEMENT PROGRAM FOR THE
YEARS 2016 THROUGH 2021 (AB2015 -318)
Regular County Council Meeting, 11/10/2015, Page 1
1 (Council acting as the Whatcom County Flood Control Zone District Board of
2 Supervisors.)
3
4 Jon Hutchings, Public Works Department Director, gave a staff report and described
5 the projects completed in 2015, which will come off the 2016 list, and changes for 2016 and
6 beyond.
7
8 Sidhu stated the flood control funds are used for water quality projects, but that can
9 be confusing for people. Add wording to the title of the fund that indicates the money can
10 also be spent on water quality projects. Hutchings stated they should discuss it.
11
12 Weimer opened the public hearing and, hearing no one, closed the public hearing.
13
14 Brenner moved to approve the resolution. The motion was seconded.
15
16 Brenner asked in which fund it is appropriate to designate money for the Planning
17 Unit.
18
19 Weimer stated the one -year program is being introduced tonight.
20
21 Brenner stated it seems any changes would have to be initiated by the
22 administration if the Council doesn't make changes tonight. She asked if they can hold the
23 budget decision in Council for two weeks.
24
25 Tyler Schroeder, Executive's Office, stated a good opportunity to discuss a budget for
26 the Planning Unit is during the surface water work session next week, then they can add
27 something on November 24.
28
29 The motion carried by the following vote:
30 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
31 Nays: None (0)
32
33 3. RESOLUTION AMENDING THE BYLAWS OF THE WHATCOM COUNTY FLOOD
34 CONTROL ZONE DISTRICT BOARD OF SUPERVISORS (AB2015 -319)
35
36 (Council acting as the Whatcom County Flood Control Zone District Board of
37 Supervisors.)
38
39 Weimer opened the public hearing and, hearing no one, closed the public hearing.
40
41 Kremen moved to approve the resolution. The motion was seconded.
42
43 The motion carried by the following vote:
44 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
45 Nays: None (0)
46
47 4. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 AND THE
48 WHATCOM COUNTY COMPREHENSIVE PLAN RELATED TO DEVELOPMENT
49 REGULATIONS IN LIMITED AREAS OF MORE INTENSIVE RURAL
50 DEVELOPMENT (LAMIRDS) (AB2015 -085A)
51
52 Gary Davis, Planning and Development Services Department, gave a staff report and
53 stated Futurewise had some objections to the ordinance as introduced, so he would like the
Regular County Council Meeting, 11/10/2015, Page 2
1 Council to introduce a new ordinance tonight and have another public hearing in two weeks.
2 The size and use table for type one limited areas of more intense rural development
3 (LAMIRDs) in section 20.80.100(1) is Growth Management Act (GMA)- compliant, however
4 exceptions to the chart were not GMA- compliant. Also, two LAMIRD boundaries were found
5 to be out of compliance, because a couple of properties didn't meet the LAMIRD criteria.
6 This ordinance deletes the exceptions in the table, and includes a new exception that allows
7 a larger public community facility. After the hearing, he would like the Council to introduce
8 a new ordinance that removes changes to Chapters 20.63 and 20.64 that includes changes
9 that Futurewise would like to make.
10
11 Brenner asked if the changes are scrivener's errors. Davis stated they aren't. They
12 are more about clarity.
13
14 Mann asked what happens if the Council adopts this ordinance. He asked if it ruins
15 the settlement agreement.
16
17 Karen Frakes, Prosecutor's Office, stated she doesn't know what Futurewise will do,
18 but it's possible they could appeal to the Hearings Board, and they will have an entirely new
19 appeal.
20
21 Weimer opened the public hearing and, hearing no one, closed the public hearing.
22
23 Mann moved to adopt the ordinance. The motion was seconded.
24
25 Brenner stated she is concerned that a good -sized grocery store can't be developed
26 in eastern Whatcom county for the residents who live out there. She asked if this will
27 prevent such a development. Davis stated there is general commercial zoning in the
28 Columbia Valley urban growth area (UGA) up to 35,000 square feet.
29
30 Brenner asked the size limit at the current Dodson's grocery. Davis stated the
31 grocery is subject to the 1990 size requirements in the table.
32
33 Brenner stated they allowed an exception for the same size and type that exists now.
34 Davis stated those are the exceptions being eliminated.
35
36 Brenner stated that if they don't have decently -sized grocery stores in that area,
37 they aren't discouraging people from driving all over the county. She asked if anyone
38 brought up that specific issue to Futurewise during the negotiation. Futurewise advocates
39 for allowing people to do things locally so they don't have to travel. Before this came up,
40 they could do that. Frakes stated that even with the exception, one would have to still
41 show that it is consistent with the 1990 environment, which would be difficult to do.
42
43 Kremen moved to table.
44
45 The motion carried by the following vote:
46 Ayes: Sidhu, Browne, Buchanan, Weimer and Kremen (5)
47 Nays: Brenner and Mann (2)
48
49 Browne stated they must table to a specific time or indefinitely.
50
51 Kremen moved to table indefinitely. The motion was seconded.
52
53
Regular County Council Meeting, 11/10/2015, Page 3
1 The motion carried by the following vote:
2 Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Kremen (6)
3 Nays: Mann (1)
4
5 OPEN SESSION
6
7 The following people spoke:
8 • Wendy Harris spoke about the Wildlife Advisory Committee.
9 • Joy Gilfilen, Restorative Community Coalition President, spoke about the
10 Incarceration Prevention and Reduction Task Force.
11 • Irene Morgan, Restorative Community Coalition Founder, spoke about the jail
12 sales and use tax ballot measure.
13 • Clayton Petree submitted a handout (on file) and spoke about a settlement
14 proposal regarding the Yew Street area.
15 • Steve Jordan, Sumas City Planner, spoke about the Planning Commission
16 vacancy.
17
18 CONSENT AGENDA
19
20 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
21 JOINT FUNDING AGREEMENT WITH THE UNITED STATES GEOLOGICAL
22 SURVEY FOR THE ONGOING OPERATION AND MAINTENANCE OF THE
23 COUNTY'S SIX STREAM GAGES WITHIN THE NOOKSACK RIVER FOR EARLY
24 FLOOD WARNING AND FLOOD RESPONSE IN THE AMOUNT OF $92,750
25 (AB2015 -328)
26
27 (Council acting as the Whatcom County Flood Control Zone District Board of
28 Supervisors.)
29
30 Browne reported for the Finance and Administrative Services Committee and
31 moved to approve Consent Agenda item two. The first item is held in committee.
32
33 The motion carried by the following vote:
34 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
35 Nays: None (0)
36
37 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
38 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND RH2
39 ENGINEERING TO COMPLETE THE UPDATE OF THE COORDINATED WATER
40 SYSTEM PLAN IN THE AMOUNT OF $53,751 (AB2015 -327)
41
42 (Council acting as the Whatcom County Flood Control Zone District Board of
43 Supervisors.)
44
45 Browne reported for the Finance and Administrative Services Committee and stated
46 this item was held in committee.
47
48 Weimer stated there seemed to be concerns about the cost overrun, but they need
49 to move this plan forward, because it's part of the Comprehensive Plan. He asked if there
50 are issues with delaying.
51
52 Browne stated the frustration was that they were being asked for a 25 percent
53 increase in the contract. The basis given for it was that the public process has gone longer
Regular County Council Meeting, 11/10/2015, Page 4
than expected. The person is effectively asking for an additional seven weeks of time at
$200 per hour. He struggles with the notion that the public process is overrun to a degree
that's generated that. The further challenge he has is that, when he was running his
business, the expectation was that if a person is going to go over budget, he or she made
that known early, before the budget was consumed, to give management an opportunity to
address whether there were options to change the project to still stay within budget. He
personally was a bit frustrated to be asked to vote on this after all the money had been
spent.
Mark Personius, Planning and Development Services Department, gave a staff report
and stated the plan must go to the Water Utility Coordinating Committee (WUCC) and State
Department of Health before being integrated into the Comprehensive Plan, which is due by
the end of June 2016. He anticipates bringing the Comprehensive Plan to the Council for its
review beginning in January 2016.
Weimer asked if the consultant let the staff know that they were going to go over
budget.
Jon Hutchings, Public Works Department Director, stated he will take steps to ensure
the Council will be informed in a more timely manner. The Council is regularly briefed on
the WUCC at the surface water work session. Staff indicated at that time that the regular
budget would not be sufficient, but they didn't know the amount.
The WUCC has held over 20 public meetings so far. Three additional meetings are
required. Another contingency meeting may be held if necessary. They still must write the
last two chapters and executive summary. The formal document will go to the Council for a
presentation. That information is described on Council packet page ten, which includes a
list of the timeline and estimated expenses for completing the contract. Community
momentum has been built in this exercise. Stalling it sends a message. They could delay it
two weeks without consequences. He would like an opportunity to work with the Council to
come up with ideas about how to move it off center in an appropriate way that recognizes
the needs of the Council.
Mann asked for more information on the genesis of this cost overrun. Contractors
must generally stick to their bid in a bid process. He asked what happened that required a
$50,000 cost overrun. Hutchings stated professional services contracts are not bid. They
are awarded based on the competency and ability of the professional service provider to
perform. The selection process is in the Revised Code of Washington (RCW), which
recognizes that it is not a cost -based process. They select the best respondent, then the
price is negotiated. In this case, there was one respondent to the call for proposals. This
was before the Council six times. It was difficult to move this coordinated water system
planning process forward. The unanticipated costs are included on Council packet page
seven. He read the list of items.
Mann asked who underestimated the scope when it was written. Hutchings stated
the staff and consultant finalized a scope of work that seemed consistent with the body of
work. Ultimately, the County, including himself and his staff, make sure the scope is
consistent with the Council's intentions.
Weimer stated he is the Council representative on the WUCC. He has generally been
impressed with the consultant, but issues such as fire flow and water rights are more
complex than they may initially seem.
Regular County Council Meeting, 11/10/2015, Page 5
1 Brenner stated it happened, and it's time to move on. She asked if they went over
2 their allotted budget before they discussed it with the Public Works staff. Hutchings stated
3 they did not.
4
5 Kremen asked if it's possible to complete this task without the contractor. Hutchings
6 stated it is not. A good portion of the work that is done has to do with design standards for
7 water systems. The County doesn't provide water utility services and doesn't have staff
8 with that knowledge. One of the contracting staff is a water utility engineer who knows
9 about fire flow and design standards.
10
11 Brenner stated she understood the work was already done and the extra meetings
12 were already held. Hutchings stated they were held to accommodate the development of
13 those sections. Those need to be finished and then they need to be brought for a
14 presentation and a public conversation about them, which will require those people to be
15 there.
16
17 Browne stated the information indicates that this additional expense is estimated.
18 He asked if this request could be followed by a third request. Hutchings stated they could
19 very well roll this out for public consumption and get a response from the community that
20 could take the County into a different direction. If he gets any sense about a change in
21 direction, the Council will about from it in advance.
22
23 Browne stated he understands the need to pay additional money if the scope of work
24 changes at the County's request. He asked the chance they will come back and ask for
25 more money. Hutchings stated staff will be involved daily in the execution of the contract,
26 so they will know. He's confident they will not need to come forward with a third request.
27
28 Sidhu stated the councilmembers want the staff to be cautioned about additional
29 expenses before those expenses are incurred. Keep communication open with the Council
30 regarding substantial increases. If the public receives extra value from the extra expense,
31 he is fine with it.
32
33 Weimer stated this was a public process, and the community demanded the extra
34 work from the WUCC and contractor.
35
36 Kremen stated it would be wise to have a fixed amount of money when embarking
37 on an exercise like this. Staff time costs must also be included. They must be more
38 mindful of costs. It's difficult to get support to fund any worthwhile endeavor. They have
39 not been good stewards of the taxpayers' dollars. This process is more complex than most
40 would think, but they are professionals who would know to avoid these kinds of situations.
41 In the future, it would be better to have a fixed amount and require the task to be
42 accomplished within that amount. Certain contractors benefit from an elongated process.
43 There should not be a reward for not getting something done in a specified timeframe.
44
45 Weimer moved to approve the request.
46
47 Mann seconded the amendment.
48
49 Browne moved to amend the contract, "Now therefore be it agreed ... ad an
50 amount not to exceed...." The motion was seconded.
51
52 Weimer stated he's not sure whether purchasing laws allow that change.
53
Regular County Council Meeting, 11/10/2015, Page 6
I Kremen stated he supports the amendment. It clearly states their legislative intent.
2
3 Sidhu stated the work is almost done. They just have to put it together. It's unlikely
4 another request will come forward. The Council can commit that this is all the funds it will
5 provide.
6
7 Hutchings stated he is willing to take the risk that the amendment won't be a
8 problem.
9
10 Weimer accepted the motion as a friendly amendment.
11
12 Mann accepted the friendly amendment in his second to the motion.
13
14 The motion to approve as amended carried by the following vote:
15 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
16 Nays: None (0)
17
18 OTHER ITEMS
19
20 1. ORDINANCE ESTABLISHING THE STORMWATER FUND (AB2015 -317)
21
22 Browne reported for the Finance and Administrative Services Committee and
23 moved to adopt the ordinance. The motion was seconded.
24
25 Brenner asked if any of this money is used for facilitation of the Planning Unit.
26
27 Jon Hutchings, Public Works Department Director, indicated it is not.
28
29 The motion carried by the following vote:
30 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
31 Nays: None (0)
32
33 INTRODUCTION ITEMS
34
35 Brenner moved to accept Introduction Items one through 11. The motion was
36 seconded.
37
38 Browne asked how the increases in spending budgets are translated into an increase
39 in tax revenues. He asked if they are changing the amounts the County is collecting or the
40 rate.
41
42 Tyler Schroeder, Executive's Office, stated the proposed ordinance is not changing
43 the existing rates. They recognize the rates and include any new construction valuation for
44 the next year.
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 1. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE
51 PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE YEAR 2016
52 (AB2015 -329)
53
Regular County Council Meeting, 11/10/2015, Page 7
1 2. ORDINANCE LIMITING THE 2016 GENERAL FUND PROPERTY TAX LEVY
2 (AB2015 -330)
3
4 3. ORDINANCE AUTHORIZING THE LEVY OF 2016 PROPERTY TAXES FOR
5 COUNTY ROAD PURPOSES (AB2015 -331)
6
7 4. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR CONSERVATION
8 FUTURES PURPOSES FOR 2016 (AB2015 -332)
9
10 S. ORDINANCE ESTABLISHING THE SOUTH PASS RD /SAAR CREEK BRIDGE
11 NO.212 FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR SOUTH
12 PASS RD /SAAR CREEK BRIDGE NO.212 REPLACEMENT PROJECT (AB2015-
13 333)
14
15 6. ORDINANCE AMENDING THE 2015 WHATCOM COUNTY BUDGET, TWELFTH
16 REQUEST, IN THE AMOUNT OF $3,472,111 (AB2015 -334)
17
18 7. ORDINANCE AMENDING THE 2016 WHATCOM COUNTY BUDGET, FIRST
19 REQUEST, IN THE NET AMOUNT OF $7,389,037 (AB2015 -326A)
20
21 S. RESOLUTION ADOPTING THE 2016 BUDGET FOR THE WHATCOM COUNTY
22 FLOOD CONTROL ZONE DISTRICT AND SUBZONES (AB2015 -335)
23
24 (Council acting as the Whatcom County Flood Control Zone District Board of
25 Supervisors.)
26
27 9. RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR THE WHATCOM
28 COUNTY FLOOD CONTROL ZONE DISTRICT FOR 2016 (AB2015 -336)
29
30 (Council acting as the Whatcom County Flood Control Zone District Board of
31 Supervisors.)
32
33 10. RESOLUTION ADOPTING THE 2016 BUDGET FOR THE POINT ROBERTS
34 TRANSPORTATION BENEFIT DISTRICT (AB2015 -337)
35
36 (Council acting as the Point Roberts Transportation Benefit District Board.)
37
38 11. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 AND THE
39 WHATCOM COUNTY COMPREHENSIVE PLAN RELATED TO DEVELOPMENT
40 REGULATIONS IN LIMITED AREAS OF MORE INTENSIVE RURAL
41 DEVELOPMENT (LAMIRDS) (AB2015 -085B)
42
43 COMMITTEE REPORTS OTHER ITEMS AND COUNCILMEMBER UPDATES
44
45 Brenner reported for the Public Works, Health, and Safety Committee on the
46 committee's briefing on crime trends in the Foothills area of Whatcom County
47 (AB2015 -339) from the County Sheriff.
48
49 Browne reported on the upcoming need to revisit the flood control zone funding
50 mechanism. That issue will become something to focus on, particularly given the demands
51 of the national pollution discharge and elimination system (NPDES). The consumption of
52 that money is occurring more rapidly than its replenishment. He also wanted to remind
Regular County Council Meeting, 11/10/2015, Page 8
everyone that tomorrow is Remembrance Day. He will be remembering the service of his
family members.
Buchanan reported on work done this year on the emergency management services
(EMS) program. Reports will be presented soon.
Mann reported on the upcoming 50th anniversary of the Opportunity Council. He also
congratulated Councilmember Sidhu, Councilmember Brenner, and Todd Donovan for their
election to the Council.
Weimer stated the Council will have a surface water work session next week and will
approve many budget items in two weeks.
Brenner requested that staff report on how many people have repeated drug court.
She reported on the Blaine /Birch Bay Chamber of Commerce annual meeting and gala.
She reported on the annual Veteran's Day event with the Nooksack Tribal Veteran's
Association, during which she will do a reading. They must make sure to appreciate their
veterans.
Kremen recognized the Council's new Legislative Analyst, Forrest Longman.
Sidhu reported that he will be remembering his father on Veteran's Day.
Brenner stated her father and brother both served in the military during wars. She
thanked those who have served.
ADJOURN
The meeting adjourned at 8:24 p.m.
The County Council approved these minutes on February 23, 2016.
rr
e C
'.fj4 ;
• c 5,f v
Dada BrtLwt h �}v ; CoUpcq.-Clerk
` r
�i
�_ eo
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Regular County Council Meeting, 11/10/2015, Page 9