HomeMy WebLinkAboutCounty Council February 9 20161 WHATCOM COUNTY COUNCIL
2 Regular County Council Meeting
3
4 February 9, 2016
5
6 CALL TO ORDER
7
8 Council Chair Barry Buchanan 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 Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd
15 Donovan, Rud Browne and Barry Buchanan.
16 Absent: None.
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18
19 FLAG SALUTE
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21
22 ANNOUNCEMENTS
23
24 Browne stated they recently lost Harriet Spanel, who was a great member of the
25 community. A service is planned this Saturday.
26
27 Buchanan reported for the Committee of the Whole on the briefing, discussion,
28 and preliminary Council direction on urban growth areas, which are addressed in
29 Comprehensive Plan Chapter 2, Land Use (including discussion on Sudden Valley)
30 (AB2016- 0478).
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32
33 PUBLIC HEARINGS
34
35 1. RESOLUTION ADOPTING THE 2016 COMPREHENSIVE PARKS, RECREATION,
36 AND OPEN SPACE PLAN (AB2016 -062A)
37
38 Mike McFarlane, Parks and Recreation Department Director, gave a staff report.
39
40 Brenner asked if this went through the Planning Commission during the County
41 Comprehensive Plan process. McFarlane stated it was brought to the Planning Commission
42 as it was being finalized in 2013, not in the County Comprehensive Plan process.
43
44 Sidhu stated the Council has not had enough time to look at the plan. McFarlane
45 stated this plan has come before the Council a number of times during the past couple of
46 years. The Council Office has copies, and it has been posted on the website.
47
48 Donovan asked if they are meeting the public process requirements. McFarlane
49 described the public process the plan has gone through.
50
51 Sidhu asked Mr. McFarlane to respond to recent comments from Jack Petree.
52 McFarlane stated he isn't asking that this plan be adopted as part of the County's
53 Comprehensive Plan. It is a departmental planning document. There is a different process
Regular County Council Meeting, 2/9/2016, Page 1
1 it must go through. Mr. Petree talks about the 1989 Parks and Recreation Comprehensive
2 Plan, which has not been valid since 1994.
3
4 Buchanan opened the public hearing, and the following people spoke:
5
6 Linda Twitchell, Building Industry Association of Whatcom County, stated this plan
7 has not had any recent public process. Population projections are wrong. There is a lack of
8 affordable housing in Whatcom County, but the Parks Plan recommends impact fees and a
9 third real estate excise tax (REET) for more park land. The plan also recommends that the
10 voters increase taxes for more parks. Reconsider the level of service. Don't raise taxes for
11 more park land.
12
13 Patrick Alesse stated people come to Whatcom County for its open spaces. He
14 supports parks.
15
16 Wendy Harris stated she doesn't support the plan, but she supports parks in general.
17 Don't sacrifice transparency and accountability by not including the plan in the County
18 Comprehensive Plan. The County must do better at protecting wildlife and habitat. More
19 analysis on sensitive areas and migration corridors is necessary. Establish buffers that
20 separate people from animals.
21
22 Carol Perry stated Whatcom County has many parks. This plan hasn't had enough
23 time. They need a jail before they need parks.
24
25 Hearing no one else, Buchanan closed the public hearing.
26
27 Weimer moved to approve the resolution. The motion was seconded.
28
29 Brenner stated this was put on the agenda at the last minute and the deadline is
30 soon. Don't pass this resolution tonight. Send it to the Planning Commission. It should be
31 part of the County Comprehensive Plan. She won't support it.
32
33 Mann stated this item is scheduled for approval in two weeks. McFarlane stated
34 they're waiting for the rest of the State Environmental Protection Act (SEPA) comments.
35
36 Mann asked if the Council can make changes in two weeks. McFarlane stated it can.
37 The last time the Parks Plan came to the Council, the Council asked that it include language
38 from the Recreation Chapter of the County Comprehensive Plan, which they have included.
39 The Parks Plan has been complete for a while, but they had to wait for the County
40 Comprehensive Plan update.
41
42 Brenner stated the process must be different. The Council should have had more
43 time to work on the Park Plan before the March deadline.
44
45 Donovan stated Mr. McFarlane has been to the Council with this document. It may
46 not have been since 2013, but the plan hasn't changed since then. McFarlane stated that's
47 correct. The document had a tremendous amount of public process.
48
49 Weimer withdrew his motion. He supports the plan. It has recently been before
50 the Planning Commission, which worked on it with the County Comprehensive Plan. Most of
51 the public input was a while ago, but it hasn't changed much.
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Regular County Council Meeting, 2/9/2016, Page 2
Sidhu stated there is a deadline, but this plan can change at any time. He asked if
they can take new input from the public and bring it back the next few months. McFarlane
stated they can do that. Any changes the Council makes to Chapter 9 of the County
Comprehensive Plan should be reflected in the Parks Plan. Any grants received will come to
the Council for approval. This plan will make the County eligible for those grants. The
County will make application for specific projects.
Retroactivity has to do with State approval. It allows the County to make a grant
application after property is acquired. It doesn't have to do anything with the County plan.
Brenner stated the deadline bothers her. If they closed on a purchase last year,
they should just add it as an amendment instead of going through the Parks Plan.
McFarlane stated they added it to the plan at the time, as they were in the process of
making the acquisition. They didn't make application for the grant funding because they
weren't in a grant cycle.
Weimer stated they can ask to retroactively fund things if they are already eligible,
but they can't retroactively ask to be eligible. Passing the plan makes the County eligible.
If the County then buys property when it is eligible, it could perhaps retroactively ask for
funding. McFarlane stated that's correct. The plan makes them eligible for submitting grant
applications, not for retroactivity.
Mann stated they have two weeks before they have to vote on it.
MINUTES CONSENT
Brenner moved to approve the Minutes Consent items. The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6)
Nays: None (0)
Abstains: Donovan (1)
1. SURFACE WATER WORK SESSION FOR SEPTEMBER 22, 2015
2. REGULAR COUNTY COUNCIL FOR SEPTEMBER 29, 2015
3. BOARD OF HEALTH FOR OCTOBER 6, 2015
4. SURFACE WATER WORK SESSION FOR OCTOBER 20, 2015
S. SPECIAL COMMITTEE OF THE WHOLE FOR OCTOBER 27, 2015
6. REGULAR COUNTY COUNCIL FOR OCTOBER 27, 2015
7. REGULAR COUNTY COUNCIL FOR NOVEMBER 24, 2015
PUBLIC HEARINGS
2. ORDINANCE REGARDING TEMPORARY INSTALLATION OF STOP SIGNS ON
NORTH LAKE SAMISH ROAD NO. 107 (AB2016 -064)
Regular County Council Meeting, 2/9/2016, Page 3
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2 Jon Hutchings, Public Works Department Director, introduced the project.
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4 James Lee, Public Works Department, gave a staff report.
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6 Weimer asked if there is a liquid gas pipeline attached to the underside of the bridge.
7 Lee stated they will address it as part of the replacement project.
8
9 Buchanan opened the public hearing, and the following people spoke:
10
11 Donald Goodman stated the ordinance precludes the possibility of repairing the
12 bridge. He described the history of the bridge. Don't preclude the opportunity to repair the
13 bridge. He submitted a handout (on file) suggesting language changes to consider bridge
14 repair options.
15
16 Hutchings stated staff would be fine with Mr. Goodman's language change.
17
18 Lee stated the ordinance does not exclude alternative options.
19
20 Peter Holcomb submitted and read from his testimony (on file). He stated the
21 detour will create wear and tear on West Lake Samish Road. There's no room for trucks.
22 In the summer, cars are crossing that bridge constantly. There is no room for semi - trucks
23 to maneuver on the road. Many bicyclists and tour groups use the road. He's afraid the
24 County will never remove the one -way direction.
25
26 Becky O- Brien -Olsen stated this is an opportunity to fix the traffic congestion at the
27 park. Create a turn - around at the park. Additional logging and gravel trucks will further
28 damage the road. If that happens, get federal money to repair the road.
29
30 Hearing no one else, Buchanan closed the public hearing.
31
32 Hutchings stated staff is committed to engaging the neighbors. They want a
33 community solution to this traffic situation. There is no question the one lane closure will
34 create traffic congestion. There are other, more expensive alternatives that would be
35 interim repairs and would affect the County's ability to bring in outside money. The remedy
36 has yet to be resolved. James Lee will continue to work on it.
37
38 Brenner asked what to do with the big trucks and how they can create load
39 restrictions. Hutchings stated they will install signage and have a detour for trucks. Those
40 are appropriate ideas.
41
42 Mann asked when they will know if other funding is available. Lee stated the next
43 call for Bridge Replacement Advisory Committee (BRAC) funds is in the Spring of 2018. The
44 plan tonight is to deal with the load restriction issue. They have budgeted funds for design
45 for replacement using local funds in time for applying for the BRAC funds. A design plan will
46 put the County in a good position to receive funds. There will be some time before
47 implementing one of the options.
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49 Mann asked if the repairs could be done this summer. Lee stated it is a project that
50 could be put together without too much difficulty. At this time, they're only asking for the
51 stop sign authority. They will be inspecting the bridge more often. If conditions change,
52 the department will look at options.
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Regular County Council Meeting, 2/9/2016, Page 4
Hutchings stated he intends to have a conversation with the Council about final
options and costs of a long -term versus short -term solution when there is a preliminary
design and cost.
Councilmembers and staff discussed whether interim bridge repairs will prevent the
County from receiving grant funds for a bridge replacement, the cost of repairs versus
replacement, the specific language and location of signage for the road restrictions, how
long it will take to make a decision on repair or replacement, and finding an appropriate
detour route for large truck traffic.
Mann moved to adopt the ordinance with an amendment, "BE IT FURTHER
ORDAINED that when the eenst....etie., repair or replacement of the North Lake Samish Road
Bridge No. 107 replaeeffient, is completed, the stop signs will be removed." The motion was
seconded.
The motion to adopt with the amendment carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
OPEN SESSION
The following people spoke:
• Max Perry spoke about removing gravel from the Nooksack River and about
the Resource Lands Chapter of the draft Comprehensive Plan (AB2016- 047H).
• Wendy Harris spoke about the draft Comprehensive Plan (AB2016 -047) and
its lack of influence on reality and actual practices.
• Patrick Alesse spoke about the cost of housing.
CONSENT AGENDA
Browne reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items two and three. Item one is held in committee
The motion to approve Consent Agenda items two and three carried by the following
vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
1. RESOLUTION SETTING HEARING AND NOTICE OF HEARING ON THE SALE OF
COUNTY TAX TITLE PROPERTY BY NEGOTIATION - REQUEST NO. TR2016 -01
(AB2016 -073)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND SHEARER
DESIGN, LLC, FOR PROFESSIONAL ENGINEERING SUPPORT DURING THE
BIDDING AND CONSTRUCTION PHASE FOR THE SOUTH PASS ROAD / SAAR
CREEK BRIDGE NO. 212 REPLACEMENT AND UPDATING THE HOURLY RATES
TO 2016 RATES, IN THE AMOUNT OF $29,944.80 (AB2016 -074)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
Regular County Council Meeting, 2/9/2016, Page 5
1 WHATCOM FAMILY & COMMUNITY NETWORK FOR PROVIDING EVIDENCE -
2 BASED PROGRAMMING TO REDUCE RISK FOR SUBSTANCE USE AND POOR
3 MENTAL HEALTH, IN THE AMOUNT OF $65,000 (AB2016 -075)
4
5
6 OTHER ITEMS
7
8 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER
9 INTO AN AMENDED LEASE AGREEMENT BETWEEN WHATCOM COUNTY
10 AND WHATCOM SPORTS AND RECREATION FOR THE USE OF
11 NORTHWEST SOCCER PARK TO INCLUDE NAMING RIGHTS TO
12 RECOGNIZE A MAJOR DONOR AND ASSUMPTION OF THE ADJOINING
13 IMPROVEMENTS AND AREA LEASED TO THE BOYS AND GIRLS CLUB
14 (AB2016 -055)
15
16 Browne reported for the Finance and Administrative Services Committee and
17 moved to approve the request. The councilmembers appreciate Phillips 66 for their support
18 of the Boys and Girls Club.
19
20 The motion carried by the following vote:
21 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
22 Nays: None (0)
23
24 2. ORDINANCE AMENDING THE 2016 WHATCOM COUNTY BUDGET,
25 FOURTH REQUEST, IN THE AMOUNT OF $700,000 (AB2016 -065)
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 Donovan (7)
32 Nays: None (0)
33
34 3. ORDINANCE AMENDING THE INITIAL EAST WHATCOM REGIONAL
35 RESOURCE CENTER PROJECT BUDGET (AMENDMENT NO. 7 TO
36 ORDINANCE 2008 -025), IN THE AMOUNT OF $1,050,000 (AB2016-
37 066)
38
39 Browne reported for the Finance and Administrative Services Committee and
40 moved to adopt the ordinance.
41
42 The motion carried by the following vote:
43 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
44 Nays: None (0)
45
46
47 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
48 -
49 1. ANNUAL APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
50 (AB2015 -367)
51
Regular County Council Meeting, 2/9/2016, Page 6
1 Brenner moved to appoint David Ramirez to the Whatcom Family Community
2 Network by acclamation. The motion was seconded.
3
4 The motion carried by the following vote:
5 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
6 Nays: None (0)
7
8 Brenner moved to appoint the Fred Likkel to the Portage Bay Shellfish Protection
9 District Advisory Committee by acclamation. The motion was seconded.
10
11 The motion carried by the following vote:
12 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
13 Nays: None (0)
14
15
16 EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
17
18 1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
19 LINDA HUGHES TO THE POINT ROBERTS COMMUNITY ADVISORY
20 COMMITTEE (AB2016 -081)
21
22 Sidhu moved to confirm the appointment. The motion was seconded.
23
24 The motion carried by the following vote:
25 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
26 Nays: None (0)
27
28 2. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
29 KEN LARSON AND AARON PERZIGIAN TO THE DEVELOPMENTAL
30 DISABILITIES BOARD (AB2016 -082)
31
32 Donovan moved to confirm the appointments. The motion was seconded.
33
34 The motion carried by the following vote:
35 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
36 Nays: None (0)
37
38
39 INTRODUCTION ITEMS
40
41 Mann moved to accept introduction items one through seven. The motion was
42 seconded.
43
44 The motion carried by the following vote:
45 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
46 Nays: None (0)
47
48 1. RESOLUTION ADOPTING A STATEMENT OF INCARCERATION PREVENTION,
49 CRIMINAL JUSTICE, AND JAIL PLANNING PRINCIPLES FOR WHATCOM
50 COUNTY'S CRIMINAL JUSTICE AND BEHAVIORAL HEALTH SYSTEMS
51 (AB2016 -072)
52
Regular County Council Meeting, 2/9/2016, Page 7
1 2. ORDINANCE AMENDING THE 2016 WHATCOM COUNTY BUDGET, FIFTH
2 REQUEST, IN THE AMOUNT OF $5,241,772 (AB2016 -083)
3
4 3. ORDINANCE AUTHORIZING THE INSTALLATION OF STOP SIGNS ON ROADS
5 WITHIN THE WHATCOM COUNTY (AB2016 -084)
6
7 4. ORDINANCE ESTABLISHING SPEED LIMITS ON CERTAIN COUNTY ROADS
8 (AB2016 -085)
9
10 S. ORDINANCE AMENDING ORDINANCE NO. 2010 -040 TO AUTHORIZE
11 ADDITIONAL CAPITAL PROJECTS FOR WHICH UNEXPENDED BOND
12 PROCEEDS MAY BE USED BY THE COUNTY (AB2016 -086)
13
14 6. RESOLUTION TO SELL TAX TITLE PROPERTY BY NEGOTIATION — REQUEST
15 NO. TR2016 -01 (AB2016 -073A)
16
17 7. RESOLUTION REQUESTING THE COMMITTEE ON GEOGRAPHIC NAMES
18 RECOMMEND TO THE BOARD ON GEOGRAPHIC NAMES, WHEN THE TIME IS
19 APPROPRIATE, THAT THE LANDFORM AT THE MOUTH OF TERRELL CREEK BE
20 EVERMORE KNOWN AS WOLF BAUER POINT (AB2016 -088)
21
22
23 COMMITTEE REPORTS OTHER ITEMS AND COUNCILMEMBER UPDATES
24
25 Weimer reported for the Natural Resources Committee on the briefing and
26 discussion on Comprehensive Plan Chapter 8, Resource Lands (focus on the
27 Forestry and Mineral Resource Lands sections) (AB2016- 047H).
28
29 (From Public Works, Health, and Safety Committee)
30
31 2. PRESENTATION BY PUBLIC WORKS TO GO OVER THE ALTERNATIVES
32 ANALYSIS RECENTLY COMPLETED FOR THE SLATER ROAD /JORDAN CREEK
33 FISH PASSAGE PROJECT (AB2016 -077)
34
35 Brenner reported for the Committee and moved to approve the Public Works
36 Department moving forward with the preparation of plans, specifications, and cost estimates
37 for a full bridge replacement project using full road closure during construction.
38
39 The motion carried by the following vote:
40 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
41 Nays: None (0)
42
43 Brenner reported for the Public Works, Health, and Safety Committee on all the
44 items scheduled in committee.
45
46 Brenner stated she would like to have a discussion with the Public Works Department
47 about possibly naming a road after Loretta Lynn at the request of a citizen.
48
49 Tyler Schroeder, Executive's Office, stated he will follow up with the citizen.
50
51 Mann reported for the Incarceration Prevention and Reduction Task Force and stated
52 the phase one report will be presented in two weeks at the Public Works Committee.
53
Regular County Council Meeting, 2/9/2016, Page 8
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ADJOURN
The meeting adjourned at 8:51 p.m.
The County Council approved these minutes on March 8, 2016.
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Regular County Council Meeting, 2/9/2016, Page 9