HomeMy WebLinkAboutCounty Council February 23 20161
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WHATCOM COUNTY COUNCIL
Regular County Council Meeting
February 23, 2016
CALL TO ORDER
Council Chair Barry Buchanan 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, Carl Weimer, Todd Donovan, Rud Browne
and Barry Buchanan.
Absent: Satpal Sidhu.
FLAG SALUTE
ANNOUNCEMENTS
Buchanan announced there was an update from Whatcom County Sheriff Bill
Elfo regarding jail use agreement negotiations with the City of Bellingham
(AB2016 -100) in executive session during the Committee of the Whole meeting.
MINUTES CONSENT
Brenner moved to approve Minutes Consent items one through four. The motion
was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Absent: Sidhu (1)
1. SPECIAL COMMITTEE OF THE WHOLE FOR NOVEMBER 10, 2015
2. REGULAR COUNTY COUNCIL FOR NOVEMBER 10, 2015
3. COMMITTEE OF THE WHOLE FOR NOVEMBER 24, 2015
4. COMMITTEE OF THE WHOLE FOR DECEMBER 8, 2015
PUBLIC HEARINGS
1. ORDINANCE AUTHORIZING THE INSTALLATION OF STOP SIGNS ON
JACKSON ROAD AT THE INTERSECTION OF BAY ROAD (AB2016 -084)
Browne asked if this will increase or decrease safety and if it is consistent with
national standards.
Joe Rutan, Public Works Department, stated it will increase safety. It is consistent
with national standards.
Buchanan opened the public hearing and, hearing no one, closed the public hearing.
Regular County Council Meeting, 2/23/2016, Page 1
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Weimer moved to adopt the ordinance. The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Absent: Sidhu (1)
2. ORDINANCE ESTABLISHING SPEED LIMITS ON PORTIONS OF JACKSON
ROAD AND BAY ROAD IN THE BIRCH BAY AREA (AB2016 -085)
Buchanan opened the public hearing and, hearing no one, closed the public hearing.
Weimer moved to adopt the ordinance. The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Absent: Sidhu (1)
OPEN SESSION
The following people spoke:
• Vern Yadon spoke about safety on Kendall Road and creating a safe place for
bikers and pedestrians.
• Preston Sant spoke about the death of his 14 -year old son, Jordan Sant, the
safety on Kendall Road, and creating a safe place for bikers and pedestrians.
Browne stated he spoke with State legislators recently, who all support funding for
this project on Kendall Road.
• Dan McShane spoke about the resolution adopting the 2016 Comprehensive
Parks, Recreation, and Open Space Plan (AB2016 -062A) and the resolution
requesting the Committee on Geographic Names recommend to the Board on
Geographic Names, when the time is appropriate, that the landform at the
mouth of Terrell Creek be evermore known as Wolf Bauer Point (AB2016-
088).
• Daniel Probst, Cascade Mountain Runners, stated he supports the Resolution
adopting the 2016 Comprehensive Parks, Recreation, and Open Space Plan
(AB2016- 062A).
• Shorty Bjornstead spoke about the lack of County services in Columbia Valley
and creating a safe place for bikers and pedestrians on Kendall Road.
Brenner asked how to expedite this project through the State.
]on Hutchings, Public Works Department, stated he can schedule a presentation
before the Council. He and staff are having a discussion with the community tomorrow
evening.
• Doralee Booth submitted and read from her testimony (on file) on the
resolution requesting the Committee on Geographic Names recommend to the
Board on Geographic Names, when the time is appropriate, that the landform
at the mouth of Terrell Creek be evermore known as Wolf Bauer Point
(AB2016 -088).
Regular County Council Meeting, 2/23/2016, Page 2
• Karen Brown spoke about the resolution adopting the 2016 Comprehensive
Parks, Recreation, and Open Space Plan (AB2016- 062A).
• Joy Gilfilen, Restorative Community Coalition, submitted a handout (on file)
and spoke about incarceration issues.
• Irene Morgan submitted and read from a handout (on file) and spoke about
the Incarceration Prevention and Reduction Task Force.
• Linda (inaudible) spoke about her son's incarceration in the County jail and
the law enforcement's handling of mental health illnesses.
• Karen Price spoke about the Incarceration Prevention and Reduction Task
Force and the resolution adopting a Statement of Incarceration Prevention,
Criminal Justice, and Jail Planning Principles for Whatcom County's criminal
justice and behavioral health systems (AB2016 -072).
• Ray Baribeau spoke about the Incarceration Prevention and Reduction Task
Force and the resolution adopting a Statement of Incarceration Prevention,
Criminal Justice, and Jail Planning Principles for Whatcom County's criminal
justice and behavioral health systems (AB2016 -072).
• Paul Harris spoke about the resolution adopting a Statement of Incarceration
Prevention, Criminal Justice, and Jail Planning Principles for Whatcom
County's criminal justice and behavioral health systems (AB2016 -072).
• George Rounthwaite submitted a handout and photos (on file) and spoke
about a flooding problem in his neighborhood on Woodland Road.
• Robin Dexter, Environmental Working Group Member, spoke about his
appreciation for all the work the councilmembers do.
CONSENT AGENDA
Browne reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items two through four.
The motion to approve Consent Agenda items two through four carried by the
following vote:
Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Absent: Sidhu (1)
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
LOCAL AGENCY AGREEMENT BETWEEN WHATCOM COUNTY AND
TRANSPORTATION ENGINEERS NORTHWEST, LLC, FOR THE DESIGN OF A
PEDESTRIAN ACTUATED CROSSWALK SIGNAL ACROSS LAKEWAY DRIVE, IN
THE AMOUNT OF $65,090.34 (AB2016 -093)
Browne reported for the Finance and Administrative Services Committee. He
moved to hold in committee. The motion was seconded.
Brenner stated the Public Works Department staff has made their recommendation
known. Decisions that should be made by the Council are being made by unelected people.
This issue is a public safety issue. Many people live there. They can't keep ignoring people.
Many people need a crosswalk. She's tired of the politics involved in this.
Browne stated it is a public safety issue. They don't have an engineer who is willing
to say this project is safe as defined by national safety standards. He would like to discuss
that issue before voting on this.
Regular County Council Meeting, 2/23/2016, Page 3
Brenner stated she doesn't want that argument brought up again and again.
They've approved projects before that don't meet warrants. There is a similar crosswalk at
Birchwood that is right in the middle of the block. She has no doubt that cars would stop if
a crosswalk like that were installed.
Mann stated he's been voting against this because it's not a wise use of funds. He
supports a more comprehensive study of the area instead.
Browne stated he will support the proposal if another qualified engineer in the state
of Washington determines that this project is safe.
Brenner stated the recommendation has to come from staff. She can't require them
to hire someone she wants.
The motion carried by the following vote:
Ayes:
Mann, Browne, Buchanan, Weimer and Donovan (5)
Nays:
None (0)
Abstains:
Brenner (1)
Absent:
Sidhu (1)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
BELLINGHAM FOR THE PURPOSES OF PROVIDING FOR THE JOINT USAGE OF
THE VACTOR WASTE SITE FACILITY FROM JANUARY 1, 2016, THROUGH
DECEMBER 31, 2016 (AB2016 -094)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO HAVE PUBLIC WORKS
PURCHASE RETRO- REFLECTIVE MATERIALS (GLASS BEADS FOR TRAFFIC
MARKING PAINT) FOR 2016, AS NEEDED, USING WASHINGTON STATE
CONTRACT #02513 FROM VENDOR ALPINE PRODUCTS, FOR A TOTAL
EXPENDITURE NOT TO EXCEED $100,000 (AB2016 -095)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SHAWNA BOSMAN, ARNP, TO
PROVIDE ADVANCED NURSING SERVICES TO THE YOUTH DETAINED IN
JUVENILE DETENTION, IN THE AMOUNT OF $25,000 (AB2016 -096)
OTHER ITEMS
1. RESOLUTION SETTING HEARING AND NOTICE OF HEARING ON THE SALE OF
COUNTY TAX TITLE PROPERTY BY NEGOTIATION — REQUEST NO. TR2016 -01
(AB2016 -073)
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, Browne, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Absent: Sidhu (1)
(Clerk's Note: Discussion continued at the end of the meeting under Other Items
Regular County Council Meeting, 2/23/2016, Page 4
1 2. ORDINANCE AMENDING THE 2016 WHATCOM COUNTY BUDGET, FIFTH
2 REQUEST, IN THE AMOUNT OF $5,241,772 (AB2016 -083)
3
4 Browne reported for the Finance and Administrative Services Committee and
5 moved to approve the resolution.
6
7 Brenner asked what the infrastructure rehabilitation at the C Street Terminal will
8 entail.
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10 Tyler Schroeder, Executive's Office, gave a staff report on the project and stated he
11 will provide more detail.
12
13 Donovan asked if these are proposals that the Council has already seen. Schroeder
14 stated they are projects from 2013 that the Council supported. This is just the budget
15 allocation necessary to move forward.
16
17 The motion carried by the following vote:
18 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Donovan (6)
19 Nays: None (0)
20 Absent: Sidhu (1)
21
22 (Clerk's Note: Discussion continued at the end of the meeting under Other Items.)
23
24 3. ORDINANCE AMENDING ORDINANCE NO. 2010 -040 TO AUTHORIZE
25 ADDITIONAL CAPITAL PROJECTS FOR WHICH UNEXPENDED BOND
26 PROCEEDS MAY BE USED BY THE COUNTY (AB2016 -086)
27
28 Browne reported for the Finance and Administrative Services Committee and
29 moved to approve the resolution.
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31 Weimer asked which deficiencies they are studying.
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33 Tyler Schroeder, Executive's Office, stated it is for capital improvement for the main
34 jail and the work center, as discussed at the last Council meeting.
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36 Mann asked if they need to include language in the ordinance to make sure they get
37 a detailed analysis of the structural deficiencies at the jail and work center. Schroeder
38 stated he worked with the bond specialists to develop the language in the ordinance.
39 Council can provided more detail if it likes.
40
41 Mann stated he would like to see the contract and scope of whoever is hired to do
42 the analysis, and the Council can add more detail then. Schroeder stated that's correct.
43 This just allows for those bond proceeds for this purpose.
44
45 Weimer stated make sure they look at the actual structural integrity of the building,
46 not just the controls. Schroeder stated they will.
47
48 The motion carried by the following vote:
49 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Donovan (6)
50 Nays: None (0)
51 Absent: Sidhu (1)
52
Regular County Council Meeting, 2/23/2016, Page 5
1 4. RESOLUTION CANCELLING UNCOLLECTIBLE PERSONAL PROPERTY TAXES
2 (AB2016 -092)
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4 Browne reported for the Finance and Administrative Services Committee and
5 moved to approve the resolution.
6
7 The motion carried by the following vote:
8 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Donovan (6)
9 Nays: None (0)
10 Absent: Sidhu (1)
11
12 5. ACCEPTANCE OF THE INCARCERATION PREVENTION AND REDUCTION TASK
13 FORCE PHASE 1 REPORT (AB2016 -102)
14
15 Brenner reported for the Public Works, Health, and Safety Committee and moved to
16 accept and approve the phase one report.
17
18 Browne stated he compliments the Task Force co- chairs for the excellent presentation.
19
20 Buchanan stated he agrees with Councilmember Browne.
21
22 The motion carried by the following vote:
23 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Donovan (6)
24 Nays: None (0)
25 Absent: Sidhu (1)
26
27 6. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED APPROVAL OF A
28 PLANNED UNIT DEVELOPMENT, FILED BY WAYNE ALLEN DBA WHISPER
29 LAKE DEVELOPMENTS, INC. (AB2016 -089)
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31 Weimer reported for the Planning and Development Committee and moved to
32 approve the planned unit development.
33
34 The motion carried by the following vote:
35 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Donovan (6)
36 Nays: None (0)
37 Absent: Sidhu (1)
38
39 7. RESOLUTION ADOPTING A STATEMENT OF INCARCERATION PREVENTION,
40 CRIMINAL JUSTICE, AND JAIL PLANNING PRINCIPLES FOR WHATCOM
41 COUNTY'S CRIMINAL JUSTICE AND BEHAVIORAL HEALTH SYSTEMS
42 (AB2016 -072)
43
44 Weimer reported for the Planning and Development Committee and stated this item is
45 held in committee.
46
47 S. RESOLUTION ADOPTING THE 2016 COMPREHENSIVE PARKS, RECREATION,
48 AND OPEN SPACE PLAN (AB2016 -062A)
49
50 Mike McFarlane, Parks and Recreation Department Director, referenced his substitute
51 staff memo (on file) and stated they can amend the plan at any time. It's not part of the
52 Comprehensive Plan, although it includes language from the draft Comprehensive Plan.
53
Regular County Council Meeting, 2/23/2016, Page 6
1 Weimer moved to approve the resolution. The motion was seconded.
2
3 Brenner stated she is opposed to the plan. It needs to go through the
4 Comprehensive Plan process. They don't need two separate park plans.
5
6 Mann stated this has been a long process that has had a lot of public input. The
7 Council wasn't ready to act on it a couple of years ago, and it's coming forward again. The
8 plan represents broad segments of the user groups across the county. He supports the
9 resolution.
10
11 The motion carried by the following vote:
12 Ayes: Mann, Browne, Buchanan, Weimer and Donovan (5)
13 Nays: Brenner (1)
14 Absent: Sidhu (1)
15
16 9. RESOLUTION REQUESTING THE COMMITTEE ON GEOGRAPHIC NAMES
17 RECOMMEND TO THE BOARD ON GEOGRAPHIC NAMES, WHEN THE TIME IS
18 APPROPRIATE, THAT THE LANDFORM AT THE MOUTH OF TERRELL CREEK BE
19 EVERMORE KNOWN AS WOLF BAUER POINT (AB2016 -088)
20
21 Brenner moved to approve the resolution. The motion was seconded.
22
23 Weimer moved to amend to insert dates, "Mr. Wolf Bauer (1912 - 2016)." The
24 motion was seconded.
25
26 The motion to amend carried by the following vote:
27 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Donovan (6)
28 Nays: None (0)
29 Absent: Sidhu (1)
30
31 The motion to approve as amended carried by the following vote:
32 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Donovan (6)
33 Nays: None (0)
34 Absent: Sidhu (1)
35
36 10. APPOINTMENT OF TWO MEMBERS TO SERVE ON THE CRIMINAL JUSTICE
37 TREATMENT ACCOUNT PANEL: CHRIS WATRAS (SEAMAR COMMUNITY
38 HEALTH) AND JON KOMOROWSKI (CRIMINAL DEFENSE BAR MEMBER)
39 (AB2016 -090)
40
41 Mann moved to appoint Chris Watras and ]on Komorowski. The motion was
42 seconded.
43
44 Brenner stated the County is lucky to have these two people participate.
45
46 The motion carried by the following vote:
47 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Donovan (6)
48 Nays: None (0)
49 Absent: Sidhu (1)
50
51
Regular County Council Meeting, 2/23/2016, Page 7
1 EXECUTIVE APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
2 _ _
3 1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
4 GARY JENSEN TO THE WHATCOM COUNTY ETHICS COMMISSION (AB2016-
5 097)
6
7 Browne moved to confirm the appointment. The motion was seconded.
8
9 Mann stated he does not support the appointment because having politicians on the
10 Ethics Commission is problematic. His opposition has nothing to do with this particular
11 person.
12
13 Browne stated the person being replaced is the late Harriet Spanel.
14
15 Brenner stated she's uncomfortable that there is a controversy about this
16 appointment, but she knows Gary Jensen to be very ethical.
17
18 The motion carried by the following vote:
19 Ayes: Brenner, Browne, Buchanan and Donovan (4)
20 Nays: Mann and Weimer (2)
21 Absent: Sidhu (1)
22
23 2. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
24 JAMIE GUNST TO THE WHATCOM COUNTY AGRICULTURAL ADVISORY
25 COMMITTEE (AB2016 -098)
26
27 Weimer moved to confirm the appointment. The motion was seconded.
28
29 The motion carried by the following vote:
30 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Donovan (6)
31 Nays: None (0)
32 Absent: Sidhu (1)
33
34 3, REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
35 LES SEELYE TO THE WHATCOM COUNTY PUBLIC HEALTH ADVISORY BOARD
36 (AB2016 -099)
37
38 Browne moved to confirm the appointment. The motion was seconded.
39
40 The motion carried by the following vote:
41 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Donovan (6)
42 Nays: None (0)
43 Absent: Sidhu (1)
44
45
46 COMMITTEE REPORTS, OTHER ITEMS, AND C_OUNCILMEMBER UPDATES
47
48 Weimer reported for the Natural Resources Committee on items discussed in
49 committee.
50
51 Browne reported for the Finance and Administrative Services Committee on items
52 discussed in committee.
53
Regular County Council Meeting, 2/23/2016, Page 8
1 Brenner reported for the Public Works, Health, and Safety Committee on items
2 discussed in committee.
3
4 RESOLUTION SETTING HEARING AND NOTICE OF HEARING ON THE SALE OF
5 COUNTY TAX TITLE PROPERTY BY NEGOTIATION — REQUEST NO. TR2016 -01
6 (AB2016 -073)
7
8 Browne reported for the Finance and Administrative Services Committee and
9 moved to direct the Council policy analyst to look into creating a policy for the County to
10 purchase certain tax title properties in critical areas such as the agricultural zone and the
11 Lake Whatcom watershed for the purpose of removing any development right(s) and
12 reselling the property. The motion was seconded.
13
14 Brenner stated there was discussion in committee about the risk of the County
15 getting into a bidding war.
16
17 Browne stated this motion is simply to ask Mr. Longman to do some research.
18
19 Mann stated he doesn't want the Council's legislative analyst to do work that the
20 administration is supposed to be doing. Guard Mr. Longman's time for the big issues on
21 which the Council needs help.
22
23 Donovan stated this is an idea that Councilmember Browne initiated, so he supports
24 the motion. Councilmember Mann's concern is relevant to the next item about the Comcast
25 franchise agreement.
26
27 Buchanan stated he agrees with Councilmember Donovan. The idea of removing
28 development rights from tax title property came from the Council. The Comcast agreement
29 comes from the administration.
30
31 The motion carried by the following vote:
32 Ayes: Mann, Browne, Buchanan, Weimer and Donovan (5)
33 Nays: Brenner (1)
34 Absent: Sidhu (1)
35
36 DISCUSSION REGARDING COMCAST FRANCHISE AGREEMENT (AB2016 -101)
37
38 Browne stated his idea was to direct the Council's policy analyst to research what
39 other jurisdictions have done in their franchise agreements and what is reasonable to ask
40 for. The contracts will reflect the policy decisions.
41
42 Brenner stated she would like more information first about what the Council's rights
43 are.
44
45 Mann stated the policy for this and any negotiation is to get the best possible deal for
46 the residents of the county. The legal department should find out this information and bring
47 it to the Council.
48
49 Browne stated he would like to see how the Council feels about its arrangement with
50 Mr. Longman. If a councilmember would like to draft a resolution or ordinance, get his help
51 looking for comparable legislation.
52
Regular County Council Meeting, 2/23/2016, Page 9
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Forrest Longman, Council Office, stated he is able to help with councilmember
requests.
Brenner moved to direct Mr. Longman to go through the comments they've
received on the Comprehensive Plan, chapter -by- chapter, and group the comments received
by issue. The motion was seconded.
The motion carried by the following vote:
Ayes: Mann, Brenner, Browne, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Absent: Sidhu (1)
ORDINANCE AMENDING THE 2016 WHATCOM COUNTY BUDGET, FIFTH REQUEST,
IN THE AMOUNT OF $5,241,772 (AB2016 -083)
Tyler Schroeder, Executive's Office, gave a staff report on the work being done on
the infrastructure rehabilitation at the C Street Terminal.
Browne reported that he talked to five of the six county legislators about funding the
Kendall Road highway project. Brigid Collins is interested in expanding to Mt. Vernon.
Brenner reported that the Whatcom County Farm Forestry Association is having their
annual tree sale on March 19 at the Henry Janson Agricultural Center at the Lynden
fairgrounds.
ADJOURN
The meeting adjourned at 8:52 p.m.
The County Council approved these minutes on March 22, 2016.
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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Bar hang" , Council Chair
Regular County Council Meeting, 2/23/2016, Page 10