HomeMy WebLinkAboutCouncil 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
Regular County Council Meeting
December 8, 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 there was discussion with Public Works staff regarding a
potential property acquisition for the Flood Control Zone District (AB2015 -018) in
executive session during the Committee of the Whole. _
(Council acting as the Flood Control Zone District Board of Supervisors.)
Buchanan moved to authorize the Executive to execute an option agreement to
purchase property as discussed in executive session.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Absent: Browne (out of the room) (1)
Weimer announced there was also discussion regarding work assignment proposals
for the Council's Legislative Analyst (AB2015 -341) during the Committee of the Whole
meeting.
Weimer announced a special presentation to outgoing Councilmember Pete Kremen.
He presented Councilmember Kremen with a plaque commemorating his years of service to
Whatcom County.
Kremen stated he is honored and fortunate to have served Whatcom County in the
State legislature and as County Executive. He transitioned well from County Executive to
County Council. The time has been rewarding. He has been able to do a lot of things. The
County Council staff has done a great job. All County staff are exceptionally dedicated and
have excellent reputations. He will cherish his time on the County Council. He recognized
his wife, Fidela, for her support over the years.
Regular County Council Meeting, 12/8/2015, Page 1
1
The councilmembers and Executive Jack Louws expressed their appreciation and
2
thanked Councilmember Kremen for his service.
3
4
5
MINUTES CONSENT
6
7
Kremen moved to approve Minutes Consent items one through 11. The motion
8
was seconded.
9
10
The motion carried by the following vote:
11
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
12
Nays: None (0)
13
14
1.
REGULAR COUNTY COUNCIL FOR JULY 21, 2015
15
16
2.
SURFACE WATER WORK SESSION FOR JULY 28, 2015
17
18
3.
SPECIAL COMMITTEE OF THE WHOLE FOR AUGUST 4, 2015
19
20
4.
REGULAR COUNTY COUNCIL FOR AUGUST 4, 2015
21
22
5.
SPECIAL COUNCIL MEETING FOR AUGUST 28, 2015
23
24
6.
SPECIAL COMMITTEE OF THE WHOLE FOR AUGUST 28, 2015
25
26
7.
COMMITTEE OF THE WHOLE FOR SEPTEMBER 15, 2015
27
28
S.
REGULAR COUNTY COUNCIL FOR SEPTEMBER 15, 2015
29
30
9.
COMMITTEE OF THE WHOLE FOR SEPTEMBER 29, 2015
31
32
10.
COMMITTEE OF THE WHOLE FOR OCTOBER 13, 2015
33
34
11.
REGULAR COUNTY COUNCIL FOR OCTOBER 13, 2015
35
36
37
OPEN SESSION
38
39
The following people spoke:
40
• Clayton Petree submitted and read from a handout (on file) regarding
41
avoiding a Hearings Board challenge regarding the Yew Street urban growth
42
area (UGA).
43
• Larry Helm spoke about the condition of the Everson levee.
44
• Mike Kaufman spoke about the Utility Chapter of the Comprehensive Plan and
45
the Comcast franchise agreement.
46
Daniel Probst spoke about the presentation regarding a proposed
47
Chuckanut Mountain trail project (AB2015 -397).
48
Lynn Barton spoke about urban infill within the city of Bellingham and the
49
appointment of Wendy Harris to the Wildlife Advisory Committee.
50
• Pat Alesse spoke to thank Pete Kremen for his service to the county.
51
52
Regular County Council Meeting, 12/8/2015, Page 2
1 CONSENT AGENDA
2
3
Browne reported for the Finance and Administrative Services Committee and
4
moved to approve Consent Agenda items one through 21, including a substitute page for
5
item
18.
6
7
The motion carried by the following vote:
8
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
9
Nays: None (0)
10
11
1.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
12
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND NORTHWEST
13
REGIONAL COUNCIL TO CONTINUE A BRIDGE ADDENDUM ENACTED IN
14
SEPTEMBER OF 2015 TO INCLUDE JUVENILE DETENTION IN THE CONTRACT,
15
IN THE AMOUNT OF $46,780, FOR A TOTAL AMENDED CONTRACT, IN THE
16
AMOUNT OF $1,129,580 (AB2015 -372)
17
18
2.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
19
AMENDMENT TO A MEMORANDUM OF AGREEMENT BETWEEN WHATCOM
20
COUNTY AND WASHINGTON STATE UNIVERSITY TO PROVIDE SALARY AND
21
SUPPORT TO PROVIDE AN EXTENSION PROGRAM, IN THE AMOUNT OF
22
$142,811, FOR A TOTAL AMENDED AGREEMENT, IN THE AMOUNT OF
23
$1,409,098.90 (AB2015 -374)
24
25
3.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
26
LOCAL AGENCY PARTICIPATING AGREEMENT BETWEEN WHATCOM COUNTY
27
AND THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR
28
GRINDING AND HOT MIX ASPHALT RESURFACING ON A PORTION OF BIRCH
29
BAY LYNDEN ROAD, IN THE AMOUNT OF $45,100 (AB2015 -375)
30
31
4.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
32
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND WHATCOM
33
COUNTY FIRE PROTECTION DISTRICT NO. 11 FOR FIRE PROTECTION
34
SERVICES FOR COUNTY OWNED FACILITIES AND IMPROVEMENTS ON
35
LUMMI ISLAND (AB2015 -376)
36
37
5.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
38
CONTRACT BETWEEN WHATCOM COUNTY AND KPFF CONSULTING
39
ENGINEERS FOR THE DESIGN OF THE ROBERTS ROAD /ANDERSON CREEK
40
BRIDGE NO. 249 REPLACEMENT PROJECT, IN THE AMOUNT OF $149,578.36
41
(AB2015 -377)
42
43
6.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
44
GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON
45
STATE DEPARTMENT OF ECOLOGY TO FUND DESIGN AND CONSTRUCTION OF
46
THE CEDAR HILLS - EUCLID STORMWATER IMPROVEMENTS PROJECT, IN THE
47
AMOUNT OF $665,586 (AB2015 -378)
48
49
7.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
50
CONTRACT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL
51
FOR CARE NAVIGATION SERVICES FOR FAMILIES OF SPECIAL NEEDS
52
CHILDREN AND YOUTH, IN THE AMOUNT OF $29,000 (AB2015 -379)
53
Regular County Council Meeting, 12/8/2015, Page 3
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND CATHOLIC
COMMUNITY SERVICES TO FUND THE PROVISION OF HOUSING CASE
MANAGEMENT SERVICES IN ASSOCIATION WITH THE WHATCOM HOMELESS
SERVICE CENTER, IN THE AMOUNT OF $222,034 (AB2015 -380)
9. REQUEST. AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND NORTHWEST
YOUTH SERVICES TO FUND THE PROVISION OF HOUSING CASE
MANAGEMENT SERVICES IN ASSOCIATION WITH THE WHATCOM HOMELESS
SERVICE CENTER, IN THE AMOUNT OF $160,910 (AB2015 -381)
10. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WESTERN WASHINGTON
UNIVERSITY FOR USE OF THE PLANTATION RIFLE RANGE TO PROVIDE
FIREARMS QUALIFICATIONS FOR COMMISSIONED AND NON-
COMMISSIONED PERSONNEL, IN THE AMOUNT OF $5,042.50 (AB2015 -382)
11. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
BIRCH BAY CHAMBER OF COMMERCE FOR OPERATIONAL EXPENSES
INCURRED IN THE PROMOTION OF TOURISM, IN THE AMOUNT OF $70,465
(AB2015 -383)
12. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
MT. BAKER FOOTHILLS CHAMBER OF COMMERCE FOR OPERATIONAL
EXPENSES INCURRED IN THE PROMOTION OF TOURISM, IN THE AMOUNT OF
$62,202 (AB2015 -384)
13. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
BELLINGHAM WHATCOM COUNTY TOURISM FOR TOURISM PROMOTION, IN
THE AMOUNT OF $250,000 (AB2015 -385)
14. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
BELLINGHAM WHATCOM CHAMBER OF COMMERCE FOR TOURISM
PROMOTION, IN THE AMOUNT OF $35,000 (AB2015 -386)
15. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
PUBLIC SAFETY TESTING, INC., TO CONDUCT BACKGROUND
INVESTIGATIONS ON CANDIDATES FOR EMPLOYMENT WITH THE SHERIFF'S
OFFICE, IN THE AMOUNT OF $32,000 (AB2015 -387)
16. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #15 -63
AND ENTER INTO A CONTRACT FOR THE COURTHOUSE AND CENTRAL PLAZA
ROOF PROJECTS TO THE LOWEST BIDDER, HYTECH ROOFING, INC., IN THE
AMOUNT OF $210,055.15 (AB2015 -388)
17. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #15 -72
FOR THE SUPPLY OF FOUR 3/4 -TON EXTENDED CAB PICKUP TRUCKS TO THE
Regular County Council Meeting, 12/8/2015, Page 4
1 LOWEST BIDDER, CORWIN FORD, IN THE AMOUNT OF $123,457.57
2 (AB2015 -389)
3
4 18. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #15 -73
5 FOR THE SUPPLY OF ONE HIGH ROOF 4WD CARGO VAN TO THE LOWEST
6 BIDDER, WILSON MOTORS, IN THE AMOUNT OF $53,218.89 (AB2015 -390)
7
8 19. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #15 -74
9 FOR THE SUPPLY OF TWO 1 -TON 4WD EXTENDED CAB PICKUP TRUCKS TO
10 THE LOWEST BIDDER, BLADE CHEVROLET, IN THE AMOUNT OF $89,176.15
11 (AB2015 -391)
12
13 20. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
14 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND PICTOMETRY
15 INTERNATIONAL CORPORATION TO INCREASE THE AMOUNT OF HIGHER
16 RESOLUTION IMAGERY FOR THE PLANNED SPRING 2016 FLIGHT FOR
17 WHATCOM COUNTY AND ITS REGIONAL COST - SHARING PARTNERS, IN THE
18 AMOUNT OF $40,229.35 (AB2015 -392)
19
20 21. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AUTHORIZE
21 PURCHASE OF A COMMVAULT BACKUP TO DISK SYSTEM FROM VENDOR CDW
22 GOVERNMENT LLC USING THE KING COUNTY DIRECTOR'S ASSOCIATION
23 COOPERATIVE PURCHASING AGREEMENT CONTRACT #014 -E, IN THE
24 AMOUNT OF $132,853.14 (AB2015 -393)
25
26
27 OTHER ITEMS
28
29 1. RESOLUTION AMENDING RESOLUTION NO. 2014 -067 IN THE MATTER OF
30 ADOPTING A SALARY SCHEDULE AND POLICIES FOR UNREPRESENTED
31 WHATCOM COUNTY EMPLOYEES EFFECTIVE JANUARY 1, 2015, THROUGH
32 DECEMBER 31, 2016 (AB2015 -350)
33
34 Browne reported for the Finance and Administrative Services Committee and
35 moved to approve the resolution.
36
37 The motion carried by the following vote:
38 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
39 Nays: None (0)
40
41 2. RESOLUTION ORDERING THE CANCELLATION OF ACCOUNTS RECEIVABLE
42 MORE THAN A YEAR OLD (AB2015 -358)
43
44 Browne reported for the Finance and Administrative Services Committee and
45 moved to approve the resolution.
46
47 Brenner stated she can't support this item because they haven't considered putting
48 liens on property for the large amounts.
49
50 The motion carried by the following vote:
51 Ayes: Sidhu, Browne, Buchanan, Weimer and Kremen (5)
52 Nays: Mann and Brenner (2)
53
Regular County Council Meeting, 12/8/2015, Page 5
1 3. ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A PLAN OF
2 CONVERSION, ARTICLES OF CONVERSION, A CERTIFICATE OF FORMATION,
3 AND A BEHAVIORAL HEALTH ORGANIZATION (BHO) INTERLOCAL
4 OPERATING AGREEMENT IN CONNECTION WITH THE CONVERSION OF
5 NORTH SOUND MENTAL HEALTH ADMINISTRATION (AB2015 -360)
6
7 Browne reported for the Finance and Administrative Services Committee and
8 moved to adopt the ordinance.
9
10 The motion carried by the following vote:
11 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
12 Nays: None (0)
13
14 4. ORDINANCE AMENDING THE 2015 WHATCOM COUNTY BUDGET,
15 THIRTEENTH REQUEST, IN THE AMOUNT OF $88,554 (AB2015 -361)
16
17 Browne reported for the Finance and Administrative Services Committee and
18 moved to adopt the ordinance.
19
20 The motion carried by the following vote:
21 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
22 Nays: None (0)
23
24 S. ORDINANCE AMENDING THE 2016 WHATCOM COUNTY BUDGET, SECOND
25 REQUEST, IN THE AMOUNT OF $188,333 (AB2015 -362)
26
27 Browne reported for the Finance and Administrative Services Committee and
28 moved to adopt the ordinance.
29
30 The motion carried by the following vote:
31 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
32 Nays: None (0)
33
34 6. DISCUSSION AND REQUEST FOR APPROVAL OF PR03ECT SCOPE
35 MODIFICATIONS FOR THE PORT OF BELLINGHAM'S EDI FUNDED ALL
36 AMERICAN MARINE EXPANSION PROJECT (AB2015 -286A)
37
38 Browne reported for the Finance and Administrative Services Committee and
39 moved to approve the request.
40
41 The motion carried by the following vote:
42 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
43 Nays: None (0)
44
45 7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
46 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND
47 ENVIRONMENTAL SCIENCE ASSOCIATES, INC., FOR ENVIRONMENTAL
48 PERMITTING, MODIFICATIONS TO PROJECT ELEMENTS, SURVEYING, AND
49 DESIGN EFFORTS FOR A FISH PASSAGE STRUCTURE, IN THE AMOUNT OF
50 $109,434 (AB2015 -373)
51
52 Browne reported for the Finance and Administrative Services Committee and
53 moved to approve the request.
Regular County Council Meeting, 12/8/2015, Page 6
1
2 The motion carried by the following vote:
3 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
4 Nays: None (0)
5
6 8. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
7 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
8 BELLINGHAM TO EXTEND THE JAIL USE AGREEMENT FOR SIX MONTHS
9 THROUGH JUNE 30, 2016 (AB2015 -394)
10
11 Brenner reported for the Public Works, Health, and Safety Committee and moved to
12 approve the request.
13
14 Mann stated the County and City have developed a solution to everyone's concerns.
15 The Mayor and Sheriff support the request. They will finalize the details in the next few
16 weeks.
17
18 The motion carried by the following vote:
19 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
20 Nays: None (0)
21
22 9. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
23 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
24 BLAINE TO EXTEND THE JAIL USE AGREEMENT FOR SIX MONTHS THROUGH
25 JUNE 30, 2016 (AB2015 -394A)
26
27 Brenner reported for the Public Works, Health, and Safety Committee and moved to
28 approve the request.
29
30 The motion carried by the following vote:
31 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
32 Nays: None (0)
33
34 10. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
35 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
36 EVERSON TO EXTEND THE JAIL USE AGREEMENT FOR SIX MONTHS
37 THROUGH JUNE 30, 2016 (AB2015 -394C)
38
39 Brenner reported for the Public Works, Health, and Safety Committee and moved to
40 approve the request.
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 11. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
47 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
48 FERNDALE TO EXTEND THE JAIL USE AGREEMENT FOR SIX MONTHS
49 THROUGH JUNE 30, 2016 (AB2015 -3948)
50
51 Brenner reported for the Public Works, Health, and Safety Committee and moved to
52 approve the request.
53
Regular County Council Meeting, 12/8/2015, Page 7
1 The motion carried by the following vote:
2 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
3 Nays: None (0)
4
5 12. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
6 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
7 LYNDEN TO EXTEND THE JAIL USE AGREEMENT FOR SIX MONTHS THROUGH
8 JUNE 30, 2016 (AB2015 -394D)
9
10 Brenner reported for the Public Works, Health, and Safety Committee and moved to
11 approve the request.
12
13 The motion carried by the following vote:
14 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
15 Nays: None (0)
16
17 13, REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
18 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
19 SUMAS TO EXTEND THE JAIL USE AGREEMENT FOR SIX MONTHS THROUGH
20 JUNE 30, 2016 (AB2015 -394E)
21
22 Brenner reported for the Public Works, Health, and Safety Committee and moved to
23 approve the request.
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 14. COUNCIL TO CLARIFY ACTION TAKEN AT ITS NOVEMBER 24 MEETING
30 RELATED TO THE WRIA 1 PLANNING UNIT (AB2015 -326B)
31
32 Weimer stated there were questions about the Council's intent for the $40,000.
33
34 Brenner stated she made it clear at the time. Her motion was to set aside $40,000
35 for the Planning Unit, which has to provide a specific request to the Council before any
36 money can be used. This does not commit the County to funding anything. It commits the
37 Planning Unit to bringing forward specific requests, which the Council can approve or not
38 approve. The Council must set the money aside. She's not convinced the Executive will
39 bring those requests forward.
40
41 Mann stated he supports the effort. There is some confusion according to the
42 minutes.
43
44 Brenner stated the money is not for outreach. The Council will make a decision
45 about any spending request.
46
47 Mann asked if outreach would be an allowable use of the funds.
48
49 Brenner stated the Council could consider it and vote for that, but the administration
50 said it could do any mailings. The Planning Unit was clear that their caucuses mostly
51 wanted to make sure they could contact their people. At this point, outreach is not
52 something she would support. This money is not for a specific purpose.
53
Regular County Council Meeting, 12/8/2015, Page 8
Weimer stated the motion was for the money to be set aside for the Planning Unit as
a whole, not individual caucuses, to request to spend these funds.
The Council concurred.
Sidhu stated the original request from the Planning Unit was for $40,000 for caucus
outreach plus additional money for staff support. This money is for the Planning Unit, not
the individual caucuses, to make spending proposals that the Council would approve or not.
Weimer stated there was some discussion that day about creating a different
comprehensive water advisory group. They decided to put a hold on the other group until
the Council hears about the Planning Unit's work.
The Council concurred.
Weimer stated Larry Helm submitted an invoice for $10,000 for caucus support to be
paid for from the 2015 funds set aside for the Planning Unit. He would like to know what
the Council wants to do with the request.
Brenner stated she's not comfortable voting on the invoice. Paying a bill to a
member of the Planning Unit seems to be a conflict.
Browne stated the County did not invite bids and agree to this contract for service.
Jack Louws, County Executive, stated he will look into the issue and find out whether
the Planning Unit and Public Works Department are authorized to pay it. It's a function of
the administration to figure it out. If necessary, he will come to the Council at a later date
to resolve any questions that come up.
Kremen stated he suggests that the administration run it by the State Auditor. This
has the potential of creating an audit finding.
Andy Ross, Planning Unit Nongovernmental Water System Caucus Representative,
stated it is a contract, not an invoice. The Planning Unit has had numerous discussions
about restarting the caucus support funding that was in place from 1999 and 2004. They
have put together information on what the system used to be. This application is a contract
that the Council can review, amend, and approve if it is appropriate. Skip Richards is no
longer the caucus representative. Mr. Richards has historical knowledge to summarize the
information that he and the caucus members can work with. It is a contract coming
through a system that existed 15 years ago, which they're trying to restart.
15. COUNTY EXECUTIVE REQUESTS CONFIRMATION OF HIS APPOINTMENT OF
TYLER SCHROEDER TO THE POSITION OF DEPUTY EXECUTIVE EFFECTIVE
JANUARY 4, 2016 (AB2015 -396)
Mann moved to confirm the appointment. The motion was seconded.
Jack Louws, County Executive, stated he's worked with Mr. Schroeder for the last
four years and finds him to be one of the many qualified and great employees in Whatcom
County. Mr. Schroeder has the respect of his fellow employees and the Council.
Sidhu stated Mr. Schroeder is moving into a political appointee position rather than
being an employee. Louws stated Mr. Schroeder still acts as an employee of Whatcom
Regular County Council Meeting, 12/8/2015, Page 9
County, but is moving to the Executive's Office, which has more political implications than a
department head. Mr. Schroeder has the skillset to professionally navigate the position.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
16. APPROVAL OF 2016 HEALTH BOARD AND SURFACE WATER WORK SESSION
MEETING DATES (AB2015 -369)
Buchanan moved to approve the meeting dates. The motion was seconded.
Brenner stated she supports the schedule.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
OTHER BUSINESS
Browne asked about a jail agreement with the Lummi Nation.
Jack Louws, County Executive, stated the County has never had a formal agreement
with the Lummi Nation. The County provides jail space, and the Tribe pays the bill on a
monthly basis. The County charges them the exact same as the other jurisdictions. Over
the next six months, they need to work as if they're part of the agreement, and the County
wants the Tribe to be a part of any future agreement. They haven't been able to get into
contact with the Nooksack Tribe, but will treat them as they have in the past and as they do
the Lummi Nation.
Brenner asked if the Lummi Nation has another option. Louws stated they do have
other options, including the Yakima facility, South Correctional Entity (SCORE) facility, and
two Native American facilities.
COUNCIL APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
1. NOMINATION AND APPOINTMENT TO FILL A VACANCY ON THE WHATCOM
COUNTY PLANNING COMMISSION, DISTRICT 2 POSITION - APPLICANT(S):
STEPHEN JORDAN, ANDREW ROWLSON, VIRGINIA MALMQUIST, ATUL
DESHMANE (AB2015 -342)
Weimer stated an option is to hold to the regular appointments in January.
Mann nominated all applicants. The nomination was seconded.
Weimer voted for Rowlson.
Browne voted for Rowlson.
Mann voted for Deshmane.
Regular County Council Meeting, 12/8/2015, Page 10
Sidhu voted for Deshmane.
Brenner voted for Jordan.
Kremen voted for Rowlson.
Buchanan voted for Rowlson.
The Council appointed Andy Rowlson,
2. APPOINTMENT OF GREG WINTER, INCOMING OPPORTUNITY COUNCIL
EXECUTIVE DIRECTOR, TO SERVE THE REMAINDER OF CURRENT DIRECTOR
DAVE FINET'S TERM ON THE INCARCERATION PREVENTION AND
REDUCTION TASK FORCE (AB2015 -368)
Kremen moved to appoint Greg Winter to replace Dave Finet on the Incarceration
Prevention and Reduction Task Force. 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, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Buchanan reported for the Natural Resources Committee on the discussion
regarding the proposed Water Resource Inventory Area (WRIA) 1 Joint Board -
Salmon Recovery Board interlocal agreement (AB2015 -370) and the discussion
with Long Range Planning staff and the County's consultant from Foster Pepper
PLLC regarding Whatcom County's agricultural development rights auction
(AB2015 -371).
Mann reported for the Planning and Development Committee on the discussion
regarding a proposal to amend marijuana production and processing regulations in
the Whatcom County Code for consistency with the state requirements (AB2015-
395).
Mann reported for the Planning and Development Committee on the discussion
regarding proposed amendments to Whatcom County Code Title 20 Zoning to
allow vacation rental units as an accessory use (AB2015- 072B).
Brenner reported for the Public Works, Health, and Safety Committee on the
following items:
• Update from Public Works Director Jon Hutchings (AB2015 -366)
• Presentation regarding a proposed Chuckanut Mountain trail project
(AB2015 -397)
• Presentation regarding a proposal to construct a lighthouse at
Lighthouse Marine Park in Point Roberts (AB2015 -364)
Brenner moved that the County Council authorize the legislative analyst to draft a
resolution of support for the Lighthouse Marine Park and thank the Suttons for their
donation. The motion was seconded.
Regular County Council Meeting, 12/8/2015, Page 11
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
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Mann reported on a letter received from the Island County Board of Commissioners,
who are concerned about a proposal to allow the hiring of outside counsel only with the
permission of the Prosecutor.
Karen Frakes, Prosecutor's Office, stated there is a lawsuit in which a prosecutor is
asserting that a finding is required saying the prosecutor is unable to represent the County
before Superior Court can appoint. However, Whatcom County has never worked with that
State requirement. Island County has experienced a breakdown in the relationship between
the Prosecutor and Commissioners. Whatcom County has never experienced that
breakdown. The letter asks how Whatcom County has used that statute in the past, but the
County Council has never used it. She doesn't feel it's necessary to respond to the letter.
Weimer stated the County gets a vote on the Board of Natural Resources. They
should think about how to move forward with that.
Browne moved to delegate the voting authority to the Council Chair. The motion
was seconded.
The motion carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (6)
Nays: Brenner (1)
Browne stated that when the Council's legislative analyst builds a Council calendar, it
should include these State Board votes.
Kremen thanked the Council and Executive for their kind comments at the beginning
of the meeting, the Council staff, and people of Whatcom County.
Councilmembers wished everyone a happy holiday, said goodbye to Councilmember
Kremen, and thanked Councilmember Weimer for being Chair.
ADJOURN
The meeting adjourned at 8:45 p.m.
The County Council approved these minutes on March 8, 2016.
+ °' •ate � ''i
Dada Bfo*rr ayes, A �rncil £lerk
SHIN�
+
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Regular County Council Meeting, 12/8/2015, Page 12