HomeMy WebLinkAboutCounty Council April 19 20161 WHATCOM COUNTY COUNCIL
2 Regular County Council Meeting
3
4 April 19, 2016
5 CALL TO ORDER
6
7 Council Chair Barry Buchanan called the meeting to order at 7:00 p.m. in the Council
8 Chambers, 311 Grand Avenue, Bellingham, Washington.
9
10 ROLL CALL
11
12 Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd
13 Donovan, Rud Browne and Barry Buchanan.
14 Absent: None.
15
16 FLAG SALUTE
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18 ANNOUNCEMENTS
19
20 MINUTES CONSENT
21
22 Donovan moved to approve Minutes Consent items one through eight. The motion
23 was seconded.
24
25 The motion carried by the following vote:
26 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
27 Nays: None (0)
28
29 1. SPECIAL COMMITTEE OF THE WHOLE (10:30 A.M.) FOR MARCH 8, 2016
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31 2. SPECIAL COMMITTEE OF THE WHOLE (3:45 P.M.) FOR MARCH 8, 2016
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33 3. REGULAR COUNTY COUNCIL FOR MARCH 8, 2016
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35 4. SURFACE WATER WORK SESSION FOR MARCH 15, 2016
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37 S. SPECIAL COMMITTEE OF THE WHOLE (9:30 A.M.) FOR MARCH 22, 2016
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39 6. SPECIAL COMMITTEE OF THE WHOLE (4:05 P.M.) FOR MARCH 22, 2016
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41 7. COMMITTEE OF THE WHOLE FOR MARCH 22, 2016
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43 S. REGULAR COUNTY COUNCIL FOR MARCH 22, 2016
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45 PUBLIC HEARINGS
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47 1. RESOLUTION REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT
48 FUNDING APPLICATION (UNITY CARE) (AB2016 -149)
49
50 (Clerk's Note: The CDBG required handouts were included in the Council's packet
51 and available to the public at the public hearing.)
52
53 Buchanan opened the public hearing, and the following person spoke:
Regular County Council Meeting, 4/19/2016, Page 1
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2 Shannon Hardy, Community Care Northwest Chief Executive Officer, described her
3 agency and their plans for an expanded facility and services. She answered questions
4 about access to public transportation.
5
6 Hearing no one else, Buchanan closed the public hearing.
7
8 Browne moved to approve the resolution. The motion was seconded.
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10 Mann thanked Ms. Hardy and her organization for the work they do.
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12 The motion carried by the following vote:
13 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
14 Nays: None (0)
15
16 2. WHATCOM COUNTY COMPREHENSIVE PLAN, CHAPTER 8, RESOURCE LANDS
17 (AB2016 -047H)
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19 Mark Personius, Planning and Development Services Department, gave a staff
20 report.
21
22 Buchanan opened the public hearing, and the following people spoke:
23
24 Christopher Deile spoke about protecting habitat of threatened and endangered
25 species and reintroduction of grizzly bears into the Cascade Mountains.
26
27 Pam Borso stated accept the proposed Aquatic Lands section. Support a no net loss
28 policy for agricultural and forestry lands. Revise Policy 8A -2 to secure a sustainable supply
29 of water for the farmers and Nooksack instream flow, within the context of treaty rights.
30 Don't allow river bar scalping.
31
32 Eleanor Hines stated she represents the Northwest Straits Chapter of Surfrider
33 Foundation, Marine Resources Committee, and ReSources for Sustainable Communities.
34 She agrees with the previous speaker. Support cleaner water and healthier aquatic
35 resources. Recognize the value of upland protections. She supports no net loss policies for
36 agriculture and forestry. Remove references to river bar scalping. Include the proposed
37 Aquatic Lands section. Provide water for agriculture within the context of treaty rights and
38 instream flows.
39
40 Karlee Deatherage, ReSources for Sustainable Communities, stated she agrees with
41 the previous two speakers. Include the Aquatic Resources section. Remove references to
42 river bar scalping. Consider the impact of upland activities.
43
44 Bob Aegerter stated don't allow river bar scalping. Ensure water is available for
45 instream flow. He spoke about the reintroduction of grizzly bears.
46
47 Dannon Traxlor spoke on behalf of the Farm Bureau and other groups, which are
48 preparing a letter to the Council regarding Chapter 8.
49
50 Pam Brady, BP Cherry Point Refinery, submitted and read from a handout (on file)
51 and described their efforts to protect water quality and aquatic habitat. She questions the
52 need for additional aquatic resources text amendments, because the proposed aquatic lands
53 section amendment refers to other agency plans, which may conflict and cause confusion.
Regular County Council Meeting, 4/19/2016, Page 2
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2 Wendy Harris stated remove the policy on river bar scalping. Remove the language
3 about integrated pest management control policies that improve water quality. Don't make
4 tradeoffs when protecting critical areas. The Growth Management Act (GMA) goals aren't
5 equal and don't need to be balanced.
6
7 Hearing no one else, Buchanan closed the public hearing and stated the Council will
8 continue to accept written testimony on this item.
9
10 OPEN SESSION
11
12 The following people spoke:
13 • Wendy Harris spoke about the Comprehensive Plan Environment Chapter and air
14 quality issues.
15 • Christopher Deile spoke about the reintroduction of grizzly bears to the Cascade
16 Mountains.
17 . William Blais spoke about various social issues.
18 • Brooks Anderson spoke about free speech and delaying the emergency medical
19 services (EMS) funding request.
20
21 CONSENT AGENDA
22
23 Browne reported for the Finance and Administrative Services Committee and
24 moved to approve Consent Agenda items one and two.
25
26 Karen Frakes, Prosecutor's Office, answered questions about Consent Agenda item
27 two and whether the County can enter into a contract in perpetuity.
28
29 The motion to approve Consent Agenda items one and two carried by the following
30 vote:
31 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
32 Nays: None (0)
33
34 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
35 COST -SHARE AGREEMENT BETWEEN WHATCOM COUNTY AND NORTHWEST
36 PIPELINE, LLC TO COVER THE COST OF EMERGENCY MEASURES TO STABILIZE
37 THE BANK OF THE NORTH FORK NOOKSACK RIVER NEAR RUTSATZ ROAD AND
38 ASSOCIATED MITIGATION MEASURES IN THE AMOUNT OF $700,000
39 (AB2016 -155)
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41 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
42 CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
43 WHATCOM LAND TRUST FOR MONITORING AND EASEMENT ENFORCEMENT OF
44 PROPERTIES IN THE PURCHASE OF DEVELOPMENT RIGHTS PROGRAM IN
45 PERPETUITY IN THE AMOUNT OF $12,000 PER EASEMENT OR A 50/b FEE ON
46 THE EASEMENT PRICE, WHICHEVER IS GREATER, NOT TO EXCEED $24,000
47 PER EASEMENT (AB2016 -156)
48
49 OTHER ITEMS
50
51 1. ORDINANCE AMENDING THE 2016 WHATCOM COUNTY BUDGET, EIGHTH
52 REQUEST, IN THE AMOUNT OF $234,633 (AB2016 -143)
53
Regular County Council Meeting, 4/19/2016, Page 3
1 Browne reported for the Finance and Administrative Services Committee and
2 moved to adopt the ordinance.
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 2. RESOLUTION AMENDING THE 2016 FLOOD CONTROL ZONE DISTRICT AND
9 SUBZONE BUDGETS, SECOND REQUEST, IN THE AMOUNT OF $200,000
10 (AB2016 -144)
11
12 (Council acting as the Whatcom County Flood Control Zone District Board of
13 Supervisors.)
14
15 Browne reported for the Finance and Administrative Services Committee and
16 moved to approve the resolution.
17
18 The motion carried by the following vote:
19 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
20 Nays: None (0)
21
22 3. RESOLUTION AMENDING THE 2016 FLOOD CONTROL ZONE DISTRICT AND
23 SUBZONE BUDGETS, THIRD REQUEST, IN THE AMOUNT OF $85,000 (AB2016-
24 145)
25
26 (Council acting as the Whatcom County Flood Control Zone District Board of
27 Supervisors.)
28
29 Browne reported for the Finance and Administrative Services Committee and
30 moved to approve the resolution.
31
32 The motion carried by the following vote:
33 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
34 Nays: None (0)
35
36 4. ORDINANCE AMENDING ORDINANCE NO. 2014 -083 ESTABLISHING THE
37 CEDAR HILLS /EUCLID STORM WATER IMPROVEMENTS FUND AND
38 ESTABLISHING A PROJECT BASED BUDGET FOR CEDAR HILLS /EUCLID STORM
39 WATER IMPROVEMENTS (AB2016 -146)
40
41 Browne reported for the Finance and Administrative Services Committee and
42 moved to approve the resolution.
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 S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
49 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY FLOOD CONTROL
50 ZONE DISTRICT AND THE WHATCOM CONSERVATION DISTRICT TO PROVIDE
51 OUTREACH TO THE AGRICULTURAL COMMUNITY IN POLLUTION
52 IDENTIFICATION AND CORRECTION (PIC) FOCUS AREAS IN THE AMOUNT OF
53 $45,000 (AB2016 -153)
Regular County Council Meeting, 4/19/2016, Page 4
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2 (Council acting as the Whatcom County Flood Control Zone District Board of
3 Supervisors.)
4
5 Browne reported for the Finance and Administrative Services Committee and
6 moved to approve the request.
7
8 The motion carried by the following vote:
9 Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6)
10 Nays: None (0)
11 Abstains: Browne (1)
12
13 6. RESOLUTION OF THE WHATCOM COUNTY COUNCIL UPDATING THE APPENDIX
14 OF THE 2015 COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY
15 (AB2016 -154)
16
17 Browne reported for the Finance and Administrative Services Committee and
18 moved to approve the resolution.
19
20 Brenner referenced Council packet page 78 and moved to amend to remove the
21 State Street remodel. They have to stop buying facilities that need significant remodeling
22 and improvements. The motion was seconded.
23
24 Councilmembers discussed the benefits of the State Street building, the frequency of
25 remodeling projects in County facilities, the purpose of the Comprehensive Economic
26 Development Strategy (CEDS) project list, the projects not being related to economic
27 development, and whether motions are recorded in the minutes when they don't receive a
28 second.
29
30 The motion to amend failed by the following vote:
31 Ayes: Brenner (1)
32 Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
33
34 Brenner moved to amend to remove the Civic Center remodel from the list. There is
35 no end to the remodeling projects that have occurred to this building. The motion was not
36 seconded.
37
38 Brenner moved to amend to remove the West Horton Road project from the list.
39 This improvement is for Costco and will not help the level of service.
40
41 Councilmembers discussed outside funding for this project and whether or not the
42 jail project should specifically say the jail location is on LaBounty Road.
43
44 The motion to amend failed by the following vote:
45 Ayes: Brenner (1)
46 Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
47
48 Donovan referenced the New Jail project and the New Sheriff's Office project and
49 moved to amend the location from LaBounty Road to Whatcom County. The motion was
50 seconded.
51
Regular County Council Meeting, 4/19/2016, Page 5
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Tyler Schroeder, Executive's Office, answered questions about the differences
between this list and the six -year capital improvement program from the Public Works
Department and how these projects are prioritized.
The motion to amend carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: Brenner (1)
Browne moved to amend to remove Economic Development Investment (EDI)
funds as a potential funding source until they decide how they are going to use the EDI
funds in a way that will best assist economic development. The motion was seconded.
Councilmembers discussed whether the EDI fund is misnamed and can be used for
projects other than economic development projects.
The motion to amend carried by the following vote:
Ayes: Sidhu, Browne, Buchanan and Donovan (4)
Nays: Brenner, Mann, and Weimer (3)
Weimer moved to remove all the projects that have EDI funding as the only
potential funding source. The motion was seconded.
Schroeder described the history and purpose of the EDI fund and the rural sales tax.
Weimer withdrew the motion to amend. The EDI fund can be used for public
facilities.
Buchanan moved to reconsider Councilmember Browne's motion to remove EDI
funds as a potential funding source. The motion was seconded.
The motion to reconsider carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Buchanan, and Weimer (5)
Nays: Donovan and Browne (2)
Buchanan restated the motion to remove EDI funds from the potential funding
sources column of the table.
The motion to amend failed by the following vote:
Ayes: Sidhu, Browne and Donovan (3)
Nays: Brenner, Mann, Buchanan, and Weimer (4)
The motion to approve the resolution as amended carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: Brenner (1)
7. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 2.130 TO
REVISE ECONOMIC DEVELOPMENT INVESTMENT BOARD MEMBERSHIP
(AB2016 -147)
Browne moved to adopt the ordinance. The motion was seconded.
Regular County Council Meeting, 4/19/2016, Page 6
1 The motion carried by the following vote:
2 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
3 Nays: None (0)
4
5 8. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 2.34 TO REVISE
6 AGRICULTURAL ADVISORY COMMITTEE MEMBERSHIP (AB2016 -148)
7
8 Brenner moved to adopt the ordinance. The motion was seconded.
9
10 The motion carried by the following vote:
11 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
12 Nays: None (0)
13
14 EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
15
16 1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
17 JEN GLYZINSKI TO THE PURCHASE OF DEVELOPMENT RIGHTS OVERSIGHT
18 COMMITTEE (AB2016 -158)
19
20 Mann moved to confirm the appointment. The motion was seconded.
21
22 The motion carried by the following vote:
23 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
24 Nays: None (0)
25
26 INTRODUCTION ITEMS
27
28 1. RECEIPT OF APPLICATIONS FOR THE LAW AND JUSTICE COUNCIL,
29 APPLICANTS: ROBERT HINES, JAMES HULBERT (AB2016 -151)
30
31 Brenner moved to accept the Introduction Item. The motion was seconded.
32
33 The motion carried by the following vote:
34 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
35 Nays: None (0)
36
37 Brenner reported for the Public Works, Health, and Safety Committee and moved
38 to Introduce the ordinance amending Whatcom County Code 12.60, Road Naming
39 System, to include honorary road naming (AB2016 -157). The motion was seconded.
40
41 The motion carried by the following vote:
42 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
43 Nays: None (0)
44
45 COMMITTEE REPORTS OTHER ITEMS,--AN D COUNCILMEMBER UPDATES
46
47 Weimer stated the Council must discuss the timing of and making decisions on
48 emergency medical services (EMS) and jail funding issues.
49
50 Buchanan stated he is working to create a jail planning workgroup.
51
52 Mann stated he supports going forward with an EMS funding vote before a jail
53 funding vote.
Regular County Council Meeting, 4/19/2016, Page 7
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2 Brenner stated she won't support a property tax increase, because it's more
3 regressive than a sales tax.
4
5 Donovan stated the Council must have conversations about an EMS tax levy, jail tax
6 levy, property tax, and the budget all together, not separately.
7
8 Mann stated schedule a presentation in committee from Fire Chief Bill Newbold, who
9 also gave a presentation to the City of Bellingham.
10
11 Browne stated have the presentation at the evening Council meeting, for the benefit
12 of the public.
13
14 Buchanan stated the Council will have a presentation from Chief Newbold at the next
15 evening Council meeting.
16
17 The Council concurred.
18
19 Mann stated include the County Auditor or County Treasurer in the conversation, so
20 they know what steps to take to put it on the ballot and the tax implications countywide.
21 He doesn't know if they are limited in the number of levy requests that can be on the ballot.
22
23 Donovan stated he would like information on the relationship between the money
24 being raised and the "extra" money from EMS and how that money can be obligated to be
25 spent on capital.
26
27 Sidhu stated they must consider reducing jail operating costs by ten percent, which
28 will effectively pay for the jail.
29
30 Councilmembers gave updates on recent activities and upcoming events.
31
32
33 ADJOURN
34
35 The meeting adjourned at 8:44 p.m.
36
37 �pae Co'd, ' until approved these minutes on May 17, 2016.
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51 Jill Nixon, Minutes Transcription
Regular County Council Meeting, 4/19/2016, Page 8