HomeMy WebLinkAboutCounty Council June 14 20161
2
3
4
5
6
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
WHATCOM COUNTY COUNCIL
Regular County Council Meeting
June 14, 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
MINUTES CONSENT
Brenner moved to approve Minutes Consent items one through eight. 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. SPECIAL COMMITTEE OF THE WHOLE AM FOR MAY 3, 2016
2. SPECIAL COMMITTEE OF THE WHOLE PM FOR MAY 3, 2016
3. COMMITTEE OF THE WHOLE FOR MAY 3, 2016
4. BOARD OF HEALTH FOR MAY 10, 2016
S. SPECIAL COMMITTEE OF THE WHOLE FOR MAY 10, 2016
6. SPECIAL COMMITTEE OF THE WHOLE FOR MAY 17, 2016
7. REGULAR COUNTY COUNCIL FOR MAY 17, 2016
S. SURFACE WATER WORK SESSION FOR MAY 24, 2016
SPECIAL PRESENTATION
Regular County Council Meeting, 6/14/2016, Page 1
1 1. PRESENTATION OF THE BEHAVIORAL HEALTH REVENUE ADVISORY
2 COMMITTEE QUARTERLY REPORT TO COUNTY COUNCIL (AB2016 -111A)
3
4 Judy Ziels, Health Department, gave a staff report on the Nurse Family Partnership
5 Program. She answered questions about eligibility requirements, capacity, costs, and
6 sponsorship from the national office of the Nurse Family Partnership.
7
8
9 PUBLIC HEARINGS
10
11 1. WHATCOM COUNTY COMPREHENSIVE PLAN, CHAPTER 7, ECONOMICS
12 (AB2016 -047G)
13
14 Buchanan opened the public hearing, and the following people spoke:
15
16 Wendy Harris stated she supports new policies that support disadvantaged people
17 who need help and developing the local food system. She does not support programs to
18 create a new economic development agency, references to Whatcom Futures, and help for
19 big businesses. She is also concerned about the growing emphasis on recreation, which
20 causes ecological damage. Ecotourism is a better option.
21
22 Max Perry stated he supports efforts to recruit business to Whatcom County, which
23 will provide many benefits to the county. Create a pro- business culture.
24
25 Carole Perry stated she supports presentations from businesses to the Council's
26 Finance Committee. There is much business potential in Whatcom County.
27
28 Hearing no one else, Buchanan closed the public hearing.
29
30 2. WHATCOM COUNTY COMPREHENSIVE PLAN, CHAPTER 10, DESIGN (AB2016-
31 047J)
32
33 Buchanan opened the public hearing, and the following person spoke:
34
35 Wendy Harris read from the email sent to Council earlier in the day (on file).
36
37 Hearing no one else, Buchanan closed the public hearing and stated the Council will
38 continue to take written comments.
39
40 3. RESOLUTION RELATING TO THE WHATCOM COUNTY COORDINATED WATER
41 SYSTEM PLAN UPDATE (AB2016 -192)
42
43 Gary Stoyka, Public Works Department, gave a staff report.
44
45 Buchanan opened the public hearing, and the following people spoke:
46
47 Ellen Baker, Glacier Water District, stated she's pleased her questions about Section
48 8 received legal review. There was no legal review by a water rights attorney. Issues still
49 need to be addressed. The Watershed Management Plan is only briefly mentioned once.
50 It's unfortunate that changes were made after the Water Utility Coordinating Committee
51 (WUCC) voted. Make sure the Glacier Water District is shown as a WUCC participant.
52
Regular County Council Meeting, 6/14/2016, Page 2
Wendy Harris stated the letter from the Lummi Nation is not included in the public
hearing materials for this hearing. A Supreme Court case is pending regarding exempt
wells. There may be implications for the water associations. Instream flow still needs to be
quantified. Consider critical areas ordinance requirements regarding aquifer recharge
areas. Also address issues regarding nitrate contamination.
Hearing no one else, Buchanan closed the public hearing.
Weimer moved that the Council determine that the Coordinated Water System Plan
update is not inconsistent with the Whatcom County Comprehensive Plan and Development
Regulations, and to forward it on to the State Department of Health for approval.
The motion was seconded.
Brenner moved to amend to add a new Whereas statement, "Whereas, following
the Water Utility Coordinating Committee (WUCC) unanimous vote, some new language was
:presented and approved." Make a statement that more information was received after the
WUCC approval, which staff put into the final recommendation.
The motion was seconded.
Stoyka stated the late comments were sent to the WUCC members twice, and he
asked if the WUCC members wanted to revisit the issue. The WUCC members who
responded indicated that the changes were minor and didn't need reconsideration.
Mann asked for clarification on which language in Section 8 was changed and who
recommended the changes. Stoyka described the changes.
Weimer stated the Lummi representatives asked for several suggestions that staff
made regarding corrections. He is against the amendment. It's not significant enough to
amend the resolution. No one on the WUCC had concerns. Move the resolution forward.
Browne asked if the Tribes were involved in the WUCC process. Stoyka stated they
were not. They were invited to participate as nonvoting members.
Brenner stated the changes that were made weren't minor.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Weimer, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
Mann stated sometimes minor changes have significant meaning to the Tribes. He
doesn't know how significant was the request of the Lummi representatives or their reaction
to the final language change.
Donovan asked if there is time to get feedback from the Tribe before the Council
votes on the resolution. Stoyka stated actual plan approval is done by the State
Department of Health. The resolution just confirms the plan is not inconsistent. There is no
deadline.
Brenner moved to hold the resolution in Council.
The motion was not seconded.
Regular County Council Meeting, 6/14/2016, Page 3
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
Councilmembers continued to discuss the language suggestion and change.
Sidhu moved to hold in Council for two weeks and seek clarification from the
Lummi Nation and legal counsel.
The motion was seconded.
Browne suggested a friendly amendment that the County also seek consensus with
the Lummi Tribe.
Mann stated they could also reconvene the WUCC to review the other changes.
Jon Hutchings, Public Works Department Director, stated the Lummi Tribe has
already made its request. Staff can seek clarification on why legal counsel made the
suggestion for the language change.
Mann stated he prefers to confirm that the Tribe accepts the final language from
legal counsel, as a courtesy.
Sidhu amended his motion and moved to hold in Council to get clarification.
Staff knows the concerns.
The amended motion was seconded.
Weimer asked if they need another hearing.
Karen Frakes, Prosecutor's Office, stated none of the changes discussed are
significant and will require another hearing.
The motion to hold in Council carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Browne stated he will initiate a Council -to- Council communication with the Lummi
Tribe about the correct form of address via a letter or phone call.
Sidhu stated there may also need to be a legal counsel -to - legal counsel discussion.
Buchanan stated he will contact and consult with the Chair of the Lummi Indian
Business Council.
4. ORDINANCE AUTHORIZING THE PUBLIC WORKS DIRECTOR AND THE
COUNTY ENGINEER TO CLOSE OR RESTRICT USE OF COUNTY ROADS ON A
TEMPORARY BASIS (AB2016 -190)
Buchanan opened the public hearing, and hearing no one, closed the public hearing.
Brenner moved to adopt the ordinance.
The motion was seconded.
Sidhu asked the length of the closure or restriction.
Regular County Council Meeting, 6/14/2016, Page 4
Jon Hutchings, Public Works Department, stated it usually means a couple of days.
He answered questions on the Revised Code of Washington (RCW) laws about closing roads
for freeze conditions.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
OPEN SESSION
The following people spoke:
• Steve Harris spoke about the emergency medical services (EMS) levy
proposal.
• Edward Ury, ReSources for Sustainable Communities, spoke about
Comprehensive Plan Chapter 7.
• Adam Schaefer spoke about Comprehensive Plan Chapter 4.
• Mike Senate spoke about the Comprehensive Plan regarding wind energy.
• Wendy Harris spoke about wind energy and clean air policies in the
Comprehensive Plan.
CONSENT AGENDA
Browne reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through three.
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
MEMORANDUM OF AGREEMENT BETWEEN WHATCOM COUNTY AND THE
SUDDEN VALLEY COMMUNITY ASSOCIATION TO APPROVE THE USE OF THE
SUDDEN VALLEY STORMWATER AND PHOSPHORUS MITIGATION PLAN TO
FULFILL THE REQUIREMENT OF WHATCOM COUNTY CODE 20.51.420(1)(H)
(AB2016 -193)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND GEOTEST SERVICES, INC. FOR
MATERIAL SAMPLE COLLECTION, ON -SITE MATERIAL INSPECTION, ON -SITE
CONSTRUCTION INSPECTION, THE TESTING OF CONCRETE, HOT MIX
ASPHALT, AGGREGATES AND OTHER CONSTRUCTION MATERIALS FOR
VARIOUS WHATCOM COUNTY PUBLIC WORKS PROJECTS IN THE 2016 -2017
PROGRAM YEARS, IN THE AMOUNT OF $300,000 (AB2016 -194)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AMEND THE
ADVANCED LIFE SUPPORT (ALS) AGREEMENT BETWEEN WHATCOM COUNTY
AND THE CITY OF BELLINGHAM SPECIFICALLY FOR THE PURPOSE OF
INCREASING THE ANNUAL SERVICE FEE IN 2017 SHOULD THE EMS LEVY NOT
PASS (THE INCREASE IS CONSISTENT WITH CPI -U INFLATION MULTIPLIED
Regular County Council Meeting, 6/14/2016, Page 5
1 BY 1.15 AS OUTLINED IN SECTION 5(C) OF THE ALS AGREEMENT) (AB2016-
2 195)
3
4
5 OTHER ITEMS
6
7 1. REQUEST APPROVAL OF THE CITY OF BELLINGHAM'S REQUEST FOR
8 ECONOMIC DEVELOPMENT INVESTMENT PROGRAM GRANT FUNDING IN
9 SUPPORT OF THE WATERFRONT - GRANARY /LAUREL STREET PROJECT, IN
10 THE AMOUNT OF $1.1 MILLION (AB2016 -182)
11
12 Browne reported for the Finance and Administrative Services Committee and
13 moved to approve the request.
14
15 Donovan stated he will abstain because he understands the history of the project,
16 but the score is not adequate.
17
18 The motion carried by the following vote:
19 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6)
20 Nays: None (0)
21 Abstains: Donovan (1)
22
23 2. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 2.06.090 TO
24 REVISE MEDICAL EXAMINER ADVISORY COUNCIL MEMBERSHIP
25 DESIGNATION (AB2016 -188)
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 ORDINANCE 2011 -049 (ESTABLISHMENT OF THE
35 LUMMI NATION FERRY LEASE FUND) TO ESTABLISH A PROJECT BASED
36 BUDGET AND APPROVE THE PROJECT BUDGET (AB2016 -189)
37
38 Browne reported for the Finance and Administrative Services Committee and
39 moved to adopt the ordinance.
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 4. ORDINANCE AMENDING WHATCOM COUNTY CODE 3.08, PURCHASING
46 SYSTEM (AB2016 -191)
47
48 Browne reported for the Finance and Administrative Services Committee and stated
49 this item is held in Committee.
50
51 S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
52 INTERLOCAL AGREEMENT BETWEEN THE WHATCOM COUNTY FLOOD
53 CONTROL ZONE DISTRICT (FCZD) AND DIKING DISTRICT #2 FOR SANDE-
Regular County Council Meeting, 6/14/2016, Page 6
1 WILLIAMS LEVEE REHABILITATION, IN THE AMOUNT OF $80,000 (AB2016-
2 175)
3
4 (Council acting as the Whatcom County Flood Control Zone District Board of
5 Supervisors.)
6
7 Browne reported for the Finance and Administrative Services Committee and
8 moved to approve the request.
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 6. RESOLUTION ESTABLISHING A ]AIL STAKEHOLDER WORKGROUP (AB2016-
15 179)
16
17 Browne reported for the Finance and Administrative Services Committee.
18
19 Donovan moved to approve a substitute resolution.
20
21 The motion was seconded.
22
23 Mann stated he would like to have a public hearing on this resolution in two weeks.
24 He moved to hold in Council for a public hearing in two weeks.
25
26 The motion was seconded.
27
28 Weimer stated they need to get this group formed soon. He doesn't support a two -
29 week delay.
30
31 Browne stated he agrees with Councilmember Weimer. People can comment
32 retroactively.
33
34 Sidhu stated approve the resolution today. It's a divisive issue, so people will always
35 comment. This resolution is just a recommendation.
36
37 The motion to hold in Council failed by the following vote:
38 Ayes: Brenner and Mann (2)
39 Nays: Weimer, Browne, Buchanan, Donovan, and Sidhu (5)
40
41 The motion to approve the substitute carried by the following vote:
42 Ayes: Sidhu, Browne, Buchanan, Weimer and Donovan (5)
43 Nays: Brenner and Mann (2)
44
45
46 COMMITTEE REPORTS OTHER ITEMS AND COUNCILMEMBER UPDATES
47
48 1. DISCUSSION REGARDING PRIMARY ELECTION VOTERS' PAMPHLET
49 (AB2016 -199)
50
51 Browne reported for the Finance and Administrative Services Committee and
52 moved to authorize the Auditor to publish the larger voters' pamphlet for the 2016 primary
53 election.
Regular County Council Meeting, 6/14/2016, Page 7
1
2 The motion carried by the following vote:
3 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
4 Nays: None (0)
5
6
7 EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
8
9 1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
10 KIM YUSKA TO THE WHATCOM COUNTY APPEALS BOARD (AB2010 -196)
11
12 Brenner moved to confirm the appointment.
13
14 The motion was seconded.
15
16 The motion carried by the following vote:
17 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
18 Nays: None (0)
19
20
21 INTRODUCTION ITEMS
22
23 1. ORDINANCE AMENDING THE 2016 WHATCOM COUNTY BUDGET, TENTH
24 REQUEST, IN THE AMOUNT OF $1,207,900 (AB2016 -197)
25
26 Brenner moved to accept the Introduction Item.
27
28 The motion was seconded.
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
35 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
36
37 1. COUNCIL TO MEET WITH THE ADMINISTRATION TO SET PRIORITIES FOR
38 THE 2017 -2018 BIENNIAL BUDGET CYCLE (AB2016 -198)
39
40 Buchanan reported for the Special Council Meeting and moved to concur with the
41 priorities and guidelines as identified in the Executive's memo to Council dated May 9, 2016,
42 and to add the Council's priorities that include consideration of stormwater review,
43 performance benchmarks, and economic development.
44
45 The motion was seconded.
46
47 Brenner stated her priority is ensuring that contracts put out for bid go to all local
48 providers of those services.
49
50 Browne stated they need more competitive bids by making eligible bidders aware of
51 the bid. This priority applies to purchasing policies to drive down the cost of capital
52 projects.
53
Regular County Council Meeting, 6/14/2016, Page 8
1 Jack Louws, County Executive, stated he would like the Council to clarify the specifics
2 of their priorities in a Finance Committee discussion.
3
4 Councilmembers discussed the use of the Economic Development Investment (EDI)
5 funds, the benefits of investing in economic development activities, how to fund economic
6 development activities, including a priority on public safety, the number of deputy vacancies
7 in the Sheriff's Office, and developing the Council's priorities.
8
9 Mann stated include public safety as a priority.
10
11 Brenner moved to hold in Council for two weeks.
12
13 The motion was seconded.
14
15 The motion to hold in Council for two weeks carried by the following vote:
16 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
17 Nays: None (0)
18
19 Councilmembers gave updates on recent activities and upcoming events.
20
21
22 ADJOURN
23
24 The meeting adjourned at 9:25 p.m.
25
26 The County Council approved these minutes on July 26, 2016.
27 �
28 £ , 3 r ' 'e ,
29 A 17EST: -' " " '. '0 1,1.1 WHATCOM COUNTY COUNCIL
30 tiD Ci.,','r WHATCOM COU , WASHINGTON
31 + ,0 COt.lta il' 32
i � tir
34 + FFFj1
a a
1
35 Da`a Bre'rR,,Caun 'Clerk arry chanan; uncil Chair
fit
39
40 Jill Nixon, Minutes Transcription
Regular County Council Meeting, 6/14/2016, Page 9