HomeMy WebLinkAboutCounty Council March 22 20161
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WHATCOM COUNTY COUNCIL
Regular County Council Meeting
March 22, 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, Satpal Sidhu, Carl Weimer, Todd
Donovan, Rud Browne and Barry Buchanan.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
Buchanan announced there was discussion with Public Works staff regarding
potential property acquisition for the Flood Control Zone District purposes
(AB2016 -018) in executive session during the Committee of the Whole meeting.
(Clerk °s Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Mann moved to authorize the County Executive, on behalf of the Whatcom County
Flood Control Zone District Board of Supervisors, to move forward with and complete
acquisition of the property discussed in executive session, as long as the purchase price of
the property does not exceed the amount discussed in executive session.
The motion was seconded
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
MINUTES CONSENT
Brenner moved to approve Minutes Consent items one through nine.
The motion was seconded.
Browne withdrew item seven.
Regular County Council Meeting, 3/22/2016, Page 1
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The motion to approve Minutes Consent items one through six, eight, and nine
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carried by the following vote:
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Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
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Nays: None (0)
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1.
COMMITTEE OF THE WHOLE (2:30 P.M.) FOR JANUARY 12, 2016
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REGULAR COUNTY COUNCIL FOR JANUARY 12, 2016
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3.
SURFACE WATER WORK SESSION FOR JANUARY 19, 2016
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SPECIAL COMMITTEE OF THE WHOLE FOR JANUARY 26, 2016
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COMMITTEE OF THE WHOLE FOR JANUARY 26, 2016
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REGULAR COUNTY COUNCIL FOR JANUARY 26, 2016
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7.
BOARD OF HEALTH FOR FEBRUARY 2, 2016
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Browne moved to approve the Minutes.
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The motion was seconded.
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The motion carried by the following vote:
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Ayes: Brenner, Mann, Buchanan, Weimer and Sidhu (5)
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Nays: None (0)
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Abstains: Donovan and Browne (2)
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COMMITTEE OF THE WHOLE FOR FEBRUARY 23, 2016
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9.
REGULAR COUNTY COUNCIL FOR FEBRUARY 23, 2016
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PUBLIC HEARINGS
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1.
ORDINANCE AUTHORIZING THE TEMPORARY RE- OPENING OF ROBERTS
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ROAD BETWEEN MARTIN ROAD AND CENTRAL ROAD FOR USE AS A
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CONSTRUCTION DETOUR (AB2016 -115)
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Christina Schoenfelder, Public Works Department, submitted a map (on file) and
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gave a
staff report.
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Sidhu asked if they will have to spend money to rebuild the road bed, since it's been
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closed
since 1991. Schoenfelder stated the road is in good shape. It may require some
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brushing and widening some sections. Using this as a detour would be a cost savings.
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Buchanan opened the public hearing and, hearing no one, closed the public hearing.
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Brenner moved to adopt the ordinance.
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The motion was seconded.
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Regular County Council Meeting, 3/22/2016, Page 2
1 The motion carried by the following vote:
2 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
3 Nays: None (0)
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5 2. RESOLUTION AND PUBLIC HEARING REGARDING APPLICATION FOR A
6 COMMUNITY DEVELOPMENT BLOCK GRANT (AB2016 -116)
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8 (Clerk's Note: The CDBG required handouts were included in the Council's packet
9 and available to the public at the public hearing.)
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11 Buchanan opened the public hearing, and the following person spoke:
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13 Greg Winter, Opportunity Council Executive Director, stated he thanks the County
14 Council, County Executive, and County staff. The grant will provide a link among several
15 service programs necessary for low income families. This is the third year of this
16 partnership between the County and the Opportunity Council. Each calendar quarter, the
17 grant serves about 3,000 low income persons. The grant is apportioned among the three
18 county area, based on a population formula. Whatcom County receives about 50 percent of
19 the grant for its services.
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21 Hearing no one else, Buchanan closed the public hearing.
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23 Weimer moved to approve the resolution.
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25 The motion was seconded.
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27 The motion carried by the following vote:
28 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
29 Nays: None (0)
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31 3. WHATCOM COUNTY COMPREHENSIVE PLAN, CHAPTER 1, INTRODUCTION
32 AND GROWTH PROJECTIONS (AB2016 -047A)
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34 Mark Personius, Planning and Development Services Department, gave a staff report.
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36 Buchanan opened the public hearing, and the following people spoke:
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38 Mary Tully referenced Chapter 1, paragraph six, and stated language about just
39 compensation for private property that is taken for public use makes her nervous.
40 Language allowing the property owner a reasonable amount of time should be included.
41 She referenced paragraph 12 and stated the capacity that a facility will serve should be
42 adequate for the projected lifetime of the facility. She supports the identification and
43 preservation of land, sites, and structures of historical or archeological significance and
44 making the goals and policies of the Shoreline Management Act as a goal of the Growth
45 Management Act. Consider agricultural labor for the non -urban growth area (UGA) areas.
46 She referenced paragraph four on housing and stated consider providing affordable housing
47 for the homeless and transient population.
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49 Jack Petree submitted and read from a handout (on file) and stated the County must
50 properly determine population projections. Whatcom County is growing faster than
51 projected. He supports the Bellingham and Whatcom County planning commissions and the
52 interjurisdictional task force.
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Regular County Council Meeting, 3/22/2016, Page 3
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Ken Kaliher stated consider sustainability. Place the highest priority on sustaining
the quality of life in Whatcom County, including a strong agricultural sector and fishing
industry, rich forest lands, recreational opportunities, clean water and air, and many cultural
offerings. Expanding commercial and industrial development isn't sustainable if they value
farmland, clean air and water, and neighborhood communities.
Linda Twitchell, Building Industry Association of Whatcom County, submitted a
handout (on file) and stated reconsider expanding the Bellingham urban growth area (UGA)
and adopting the multijurisdictional recommendation for population projection for
Bellingham. No one has analyzed the reason for the expansion and higher population
numbers. She read from her handout. Take a practical look at the population projections
to see if they are realistic.
Wendy Harris stated the City and County planning commission members are mostly
members of the development community, which is why they recommended more growth.
The wetlands and floodplains in the Birch Bay UGA reserve were not considered previously
because the staff didn't provide information on the overlap of critical areas with the UGA
and UGA reserves areas. The GMA requires the County to direct growth away from areas
with significant critical area constraints, which the County isn't doing. They lack the ability
to identify wildlife corridors and non -fish related conservation areas. The Council must
review the proposed UGA and reserve areas with an overlay of a map of all five types of
critical areas. The land capacity analysis must excluded critical areas. Many of the UGA
areas are inappropriate for growth. The excluded areas keep finding their way back into
UGAs. The GMA allows for a lower growth projection. The shortage of land will not
decrease with time. The only solution is to reduce overall population growth. They must
adjust expectations for the future. Reduce the overall population projections to the lowest
level of the State Office of Financial Management (OFM) numbers.
John McLaughlin stated the projections in the chapter 1 draft are not reliable. He
provided alternate, reliable projections fit to the County's data. Invalid methods were used.
The projections will exceed actual growth with 82 percent probability. They will exceed the
most reliable projection by over 10,000, or 17 percent. On page 1 -10, the current
projection says no justification for the projection is required. Explain to the public the
justification for using erroneous projections.
Donovan asked the difference between the models and methods used and Dr.
McLaughlin's models. McLaughlin stated he simply used the data in standard models. The
data shows inertia. He used models that considered the inertia in the data. They give very
different results than the models that assume they will grow without limit and without any
relation to the past. He looked at what kind of population they have, and then let the data
predict what will happen in the future. The draft projections don't do that.
Hearing no one else, Buchanan closed the public hearing.
4. WHATCOM COUNTY COMPREHENSIVE PLAN, CHAPTER 4, CAPITAL
FACILITIES (AB2016 -047D)
Buchanan opened the public hearing, and the following people spoke:
Jack Petree stated their job under the Growth Management Act (GMA) is to do the
best they can to make sure everyone can find a good job and affordable housing. That
requires adequate capital facilities. Bellingham is achieving only 21 percent of job growth,
Regular County Council Meeting, 3/22/2016, Page 4
but they are assigned over 60 percent. Bellingham has no available capital facilities for
good jobs. Also, the activity centers are again removed from the level of service.
Mary Tully stated the options for funding levels of service can come from raised
taxes, curtailed growth, or a lower level of service. She supports the ability to review State
sentencing laws as a factor for determining the number of jail beds and adult corrections
facilities. She also supports jail alternative programs and treatment diversion programs.
Nora Weaver stated she thanks the County Council for the resolution supporting
House Bill (HB) 2346 regarding renewable energy acquisition. She asks that they create
local incentives for solar and other forms of renewable energy. Chapter 4 could address this
in many ways. Promote clean energy production and installations, bring more renewable
energy businesses to grow the local green economy, identify any boundaries to these goals,
and create a goal to make County operations carbon neutral by 2030.
Edward Ury, Resources, submitted a handout (on file) and stated move Whatcom
County to energy security. Remove barriers to clean energy production, create incentives
for renewable energy, and create a goal to make County operations carbon neutral by 2030.
Transition to a clean energy infrastructure; achieve energy security; cut utility costs for
consumers in the long term; and grow a base of good paying jobs for energy production,
installation, and maintenance. He read from his handout.
Wendy Harris stated adopt impact fees. The people who are responsible for the
costs of growth should pay for it. She referenced Goal 4L and stated it doesn't meet the
minimum GMA standards, which are to protect federal, state, and local designated species.
They must protect biodiversity and a healthy food chain. They are not protecting wildlife.
Be more specific about what they must do. The policies must have enough direction to
accomplish protection of the functions and values of critical areas. Do a habitat analysis
and a report to know what species exist. Hire someone to do a fish and species habitat
review and report, to establish a baseline standard that can be monitored over time to make
sure there is no net loss. All three policies are inadequate.
Hearing no one else, Buchanan closed the public hearing and stated the Council is
still accepting written comments.
OPEN_ SESSION
The following people spoke:
• Wendy Harris spoke about air quality.
• Brad Swanson, Belcher /Swanson Law Firm, stated he represents several
clients and spoke about a letter submitted today by his clients regarding their
challenge to the Growth Management Hearings Board to have their property
included in the urban growth area (UGA).
• Kody Bosch spoke about creating an environment that is hospitable to
sustainable technology and alternative energy.
CONSENT AGENDA
Browne reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through nine.
Regular County Council Meeting, 3/22/2016, Page 5
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
WHATCOM DISPUTE RESOLUTION CENTER TO PROVIDE COORDINATION OF
SUPERVISED VISITATION SERVICES, IN THE AMOUNT OF $65,000 (AB2016-
123)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
TETRA TECH INC. TO PROVIDE ENGINEERING DESIGN SERVICES FOR A
REPLACEMENT INLET STRUCTURE PROJECT IN THE COTTONWOOD COURT
NEIGHBORHOOD OF BIRCH BAY, IN THE AMOUNT OF $51,302 (AB2016 -124)
(COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE
DISTRICT BOARD OF SUPERVISORS)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
COOPERATIVE PURCHASING AGREEMENT BETWEEN WHATCOM COUNTY AND
WASHINGTON DEPARTMENT OF NATURAL RESOURCES FOR ACQUISITION
OF HIGH - RESOLUTION LIDAR TOPOGRAPHIC SURVEY DATA, IN THE
AMOUNT OF $85,000 (AB2016 -125) (COUNCIL ACTING AS THE WHATCOM
COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND WASHINGTON
STATE DEPARTMENT OF TRANSPORTATION FOR THE COUNTY ROADWAY
SAFETY PROGRAM, IN THE AMOUNT OF $695,000 (AB2016 -126)
5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND TRANTECH
ENGINEERING, LLC TO PROVIDE FOR THE DESIGN AND PREPARATION OF
PLANS, SPECIFICATIONS, AND COST ESTIMATE FOR A PERMANENT BRIDGE
REPLACEMENT OF THE EXISTING SLATER ROAD /JORDAN CREEK CULVERT,
IN THE AMOUNT OF $397,838.50 (AB2016 -127)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND ACTION CLEANING SERVICES
FOR THE CUSTODIAL SERVICES AT WHATCOM COUNTY SATELLITE
BUILDINGS, IN THE AMOUNT OF $168,888 PER YEAR FOR THREE YEARS
(AB2016 -128)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #16 -10
AND ENTER INTO A CONTRACT FOR 2016 HOT MIX ASPHALT PRELEVEL AT
VARIOUS LOCATIONS TO THE LOWEST BIDDER, GRANITE CONSTRUCTION,
IN AN AMOUNT NOT TO EXCEED $1,630,565.81 (AB2016 -129)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #16 -09
AND ENTER INTO A CONTRACT FOR THE SUPPLY OF ASPHALTIC EMULSIONS
(ROAD OIL) USED BY MAINTENANCE AND OPERATIONS FOR THE CHIP
SEALING PROGRAM TO THE LOWEST BIDDER, HUSKY MARKETING, IN AN
AMOUNT NOT TO EXCEED $1,107,000 (AB2016 -130)
Regular County Council Meeting, 3/22/2016, Page 6
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9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO PURCHASE
WATERBORNE TRAFFIC LINE PAINT USING AN INTERLOCAL AGREEMENT
WITH PIERCE COUNTY, IN AN AMOUNT NOT TO EXCEED $600,000 (AB2016-
131)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2016 WHATCOM COUNTY BUDGET, SIXTH
REQUEST, IN THE AMOUNT OF $115,620 (AB2016 -117)
Browne reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Browne reported for the Finance and Administrative Services Committee on the
quarterly budget report.
INTRODUCTION ITEMS
Brenner moved to accept the Introduction Items.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
1. RESOLUTION APPROVING THE VACATION OF AN UNNAMED ALLEY WITHIN
THE BIRCH BAY WEST END ESTATES PLAT FOR REALIGNMENT PURPOSES
(AB2015 -304A)
2. ORDINANCE AMENDING THE 2016 WHATCOM COUNTY BUDGET, SEVENTH
REQUEST, IN THE AMOUNT OF $85,749 (AB2016 -132)
3. DISCUSSION OF AN ORDINANCE PROPOSING VARIOUS MINOR
AMENDMENTS TO WHATCOM COUNTY CODE TITLE 20, ZONING (AB2016-
114)
COMMITTEE REPORTS, OTHER ITEMS. AND COUNCILMEMBER UPDATE'S
Brenner reported for the Public Works, Health, and Safety Committee.
Weimer reported for the Planning and Development Committee.
Regular County Council Meeting, 3/22/2016, Page 7
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The Councilmembers gave updates on recent activities, news, and upcoming events.
ADJOURN
The meeting adjourned at 8:02 p.m.
The County Council approved these minutes on April 19, 2016.
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Regular County Council Meeting, 3/22/2016, Page 8