HomeMy WebLinkAboutCounty Council December 6 20161
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3 WHATCOM COUNTY COUNCIL
4 Regular County Council Meeting
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6 December 6, 2016
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8
9
10 CALL TO ORDER
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12 Council Chair Barry Buchanan called the meeting to order at 7:00 p.m. in the Council
13 Chambers, 311 Grand Avenue, Bellingham, Washington.
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15
16 ROLL CALL
17
18 Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd
19 Donovan, Rud Browne and Barry Buchanan.
20 Absent: None.
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22
23 FLAG SALUTE
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25
26 ANNOUNCEMENTS
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28 Buchanan announced the following items from earlier Special Committee of the
29 Whole meetings:
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31 1. Discussion regarding potential property acquisition for the Flood Control
32 Zone District (AB2016 -018)
33
34 (Council acting as the Flood Control Zone Board of Supervisors.)
35
36 Browne moved to authorize the County Executive, acting on behalf of the Whatcom
37 County Flood Control Zone District Board of Supervisors, to execute an option agreement
38 for the property discussed in executive session.
39
40 The motion was seconded.
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 MINUTES CONSENT
48
49 Buchanan stated item two is withdrawn from the agenda.
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51 Browne withdrew item three.
52
53 Brenner moved to approve Minutes Consent items one and four through 12.
Regular County Council Meeting, 12/6/2016, Page 1
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The motion was seconded.
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4
The motion 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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8
1.
SPECIAL COMMITTEE OF THE WHOLE (AFTERNOON MEETING) FOR JUNE 28,
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2016
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2.
REGULAR COUNTY COUNCIL FOR JULY 26, 2016
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Withdrawn from the agenda.
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3.
BOARD OF HEALTH FOR AUGUST 2, 2016
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Mann 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, Sidhu, Buchanan, Weimer and Donovan (6)
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Nays: None (0)
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Abstains: Browne (1)
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4.
SPECIAL COMMITTEE OF THE WHOLE FOR AUGUST 9, 2016
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28
S.
REGULAR COUNTY COUNCIL FOR AUGUST 9, 2016
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6.
SPECIAL COMMITTEE OF THE WHOLE FOR SEPTEMBER 27, 2016
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7.
SURFACE WATER WORK SESSION FOR OCTOBER 18, 2016
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34
S.
SPECIAL COMMITTEE OF THE WHOLE (EXECUTIVE SESSION) FOR OCTOBER
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25, 2016
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9.
REGULAR COUNTY COUNCIL FOR OCTOBER 25, 2016
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10.
SPECIAL COMMITTEE OF THE WHOLE FOR OCTOBER 27, 2016
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11.
BOARD OF HEALTH FOR NOVEMBER 1, 2016
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12.
SPECIAL COMMITTEE OF THE WHOLE NOVEMBER 1, 2016
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45
46
PUBLIC HEARINGS
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48
1.
ORDINANCE ADOPTING INTERIM AMENDMENTS TO THE WHATCOM COUNTY
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COMPREHENSIVE PLAN AND WHATCOM COUNTY CODE TITLE 15
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(BUILDINGS AND CONSTRUCTION), TITLE 20 (ZONING), TITLE 21 (LAND
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DIVISION REGULATIONS), AND TITLE 24 (HEALTH CODE) RELATING TO
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WATER RESOURCES (RELATED LEGISLATION: SEE ORDINANCE BELOW)
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(AB2016 -309A)
Regular County Council Meeting, 12/6/2016, Page 2
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2 -AND -
3
4 2. ORDINANCE 2016 -048 IMPOSING AN EMERGENCY MORATORIUM ON THE
5 ACCEPTANCE AND PROCESSING OF APPLICATIONS AND PERMITS FOR
6 SUBDIVISIONS, BUILDING PERMITS, AND DISCRETIONARY PERMITS THAT
7 RELY ON PERMIT - EXEMPT WELLS FOR WATER SUPPLY IN CLOSED BASINS
8 (PROCEDURAL HEARING — ORDINANCE WAS ADOPTED ON OCTOBER 25,
9 2016) (AB2016 -309)
10
11 Mann read into the record a resolution sending a letter to the State legislature
12 requesting amendments to the Growth Management Act clarifying that counties can rely on
13 Department of Ecology guidance for determining legal water availability (on file).
14
15 Browne moved to approve the resolution.
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17 The motion was seconded.
18
19 Weimer stated he will vote against the resolution. He appreciates the sentiments
20 and a good part of the resolution. The problem with water in this county has been
21 exacerbated by 20 years' of ignoring they have a problem and just moving forward without
22 dealing with it. This does nothing to improve the problem. Without specific instructions of
23 what they want from the legislature, they are ignoring tribal rights, instream flows that
24 protect fish, and senior water right holders.
25
26 Brenner stated stipulate that they want the legislature to restore the understanding
27 that counties have had for decades about water law and exempt wells. Exempt wells don't
28 cause a problem. It's important to send this letter.
29
30 Donovan suggested a friendly amendment to the 21st Whereas statement,
31 "...denying citizens their fkj#t ability to use permit exempt water withdrawals...."
32
33 Councilmembers discussed whether or not citizens have such a right.
34
35 Mann did not accept the friendly amendment.
36
37 Councilmembers discussed the actual amount of water from the pending exempt
38 wells that are affected compared to the average instream flow of the Nooksack River,
39 whether the decision will actually help protect instream flow, whether the moratorium was
40 necessary now that the County is forced to comply with the Supreme Court decision, and
41 the Department of Ecology's lack of legal guidance.
42
43 Weimer moved to amend the resolution, "...can rely on Department of Ecology
44 guidance for determining legal water availability and provide the Department of Ecology the
45 necessary resources to create legally defensible guidance."
46
47 Mann accepted the motion as a friendly amendment.
48
49 The motion carried by the following vote:
50 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
51 Nays: None (0)
52
Regular County Council Meeting, 12/6/2016, Page 3
1 Mark Personius, Planning and Development Services Department, introduced a
2 presentation on the water resources interim ordinance. The Council has two options. First,
3 adopt the interim ordinance, which lifts the moratorium and identifies legal water sources
4 available for rural development per the Supreme Court's decision. Second, don't adopt the
5 interim ordinance and maintain the moratorium.
6
7 Gary Davis, Planning and Development Services, and Gary Stoyka, Public Works
8 Department, submitted and read from a presentation (on file).
9
10 Buchanan announced that tonight's public comments will apply to both public
11 hearing agenda items. He opened the public hearing, and the following people spoke:
12
13 Neil vandenHeuvel stated the letter to the legislature is a good start. He does not
14 support the interim moratorium. The main issue is private property rights. Lift the current
15 moratorium. Send the letter mentioned in the resolution to the legislature. Take a
16 leadership role on behalf of the citizens and with other counties.
17
18 Sandy Robson stated she supports the moratorium and interim ordinance. Confirm
19 with the Department of Ecology about whether SSAMarine /PIT water rights from Chevron
20 meet all required conditions. Seek an outside legal opinion about the water rights transfer
21 and Public Utility District (PUD) contract with SSA /PIT.
22
23 Dena Jensen stated she supports the interim ordinance. The County should find
24 alternatives and resources to alleviate the hardships for people. Stop taking water for
25 granted. Protect and enhance essential resources.
26
27 Mary Vanderpol spoke about how the Hirst decision affects his property.
28
29 Dave Cummins spoke about how a 2011 rezone and other County decisions have
30 affected his property. He is opposed to the moratorium.
31
32 Ron Colson stated look at alternative water conservation systems. In the future, the
33 population will grow and the amount of available water will lessen. He supports the
34 moratorium.
35
36 Ronna Loerch stated take the time necessary to find creative solutions. Don't spend
37 taxpayer dollars on getting into compliance. She supports the moratorium.
38
39 IM Ramsey, Keller Williams Reality, submitted and read a letter into the record (on
40 file) from an anonymous person regarding how the Hirst decision affects his property. He
41 does not support the moratorium.
42
43 Jeremiah Ramsey, Keller Williams Realty, stated he supports the State legislative
44 proposal from Senator Erickson. The issue is about curtailing development instead of water
45 conservation. The Council should get alternate legal advice. Don't extend the moratorium.
46
47 Pam Borso stated she supports the proposed interim ordinance to allow time to find
48 solutions to water development problems.
49
50 Vicki Hawley spoke about how the Hirst decision affects her property. She is against
51 any moratorium.
52
53 Dave Hiller stated he opposes the Hirst decision and a moratorium.
Regular County Council Meeting, 12/6/2016, Page 4
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2 Mary Kay Robinson, Whatcom County Association of Realtors President, stated she is
3 against the moratorium. Fund a groundwater study to be done as quickly as possible. Vest
4 homeowners. Do not use a water banking procedure. Craft a countywide process that is
5 disconnected from the private, individual permit process.
6
7 John Rockwood stated this isn't about water rights. It's about taking private
8 property rights from people.
9
10 Denise Thompson spoke about how the Hirst decision affects her property.
11
12 Jerry Hammer stated this is about controlling development, not water conservation.
13
14 John Soine submitted and read from a handout (on file) and stated plenty of water is
15 available and described how the Hirst decision affects the properties of people he knows.
16 He supports the proposed legislation from Senator Erickson and the resolution from
17 Councilmember Mann.
18
19 Peter Kingma described how the Hirst decision affects his property. He supports the
20 proposed legislation from Senator Erickson. Allow people midway through the process to
21 complete their projects.
22
23 John Patten stated the Court doesn't have the authority to make the ruling it made,
24 to forbid property owners from using their own property.
25
26 John Worlund stated there is no hydrological link between groundwater pulled from
27 an exempt well and instream flows.
28
29 Jerry Peterson stated basins that have been closed have the most water, and open
30 basins have the least amount of water. Have the Department of Ecology reassess Whatcom
31 County. Water in the well never affects instream flow.
32
33 Chris Brown stated he supports Councilmember Mann's letter. He described how the
34 Hirst decision affects his property. Overfishing is a bigger problem for fish than the
35 instream flow level. He is opposed to the moratorium. Find a way to allow exempt wells.
36
37 Chet Kenoyer described how the Hirst decision affects the property of his clients.
38 Give relief to the people who are midway through the development process. He supports
39 the proposal from Senator Erickson.
40
41 Larry Humes described how the Hirst decision affects the property of his clients.
42 Find a solution as quickly as possible. He opposes a building moratorium. He supports the
43 proposed legislation from Senator Erickson.
44
45 Bill LaFreniere stated rural well owners aren't responsible for the loss of instream
46 water. Rural water use is more efficient than urban water. He is opposed to unions.
47
48 Bob Aegerter stated groundwater is excluded from property rights according to State
49 law. He described the history of water issues in Whatcom County. These problems could
50 have been avoided.
51
Regular County Council Meeting, 12/6/2016, Page 5
1 Joe Knight stated he supports the moratorium. Collect enough data to reach a
2 scientific response to water rights and water allocation. Water quantity use must be
3 measured, including by the agriculture community.
4
5 Bud Breakey submitted a handout (on file) and stated the moratorium is not
6 required or necessary. The issue is not about water conservation. They can't prove
7 whether wells affect instream flow. The Council is supposed to represent the citizens, not
8 the Supreme Court.
9
10 Lyle Sorenson submitted handouts (on file) and stated the real issue is about fish.
11 They aren't hearing from fisheries representatives. He does not support the interim
12 ordinance. If it's adopted, stop collecting taxes on the impacted properties.
13
14 Yoshe Ravelle stated property and money are false idols. Everyone should use less
15 water and take care of the earth.
16
17 Luke White described how the Hirst decision affects his property. Allow those who
18 have made investments to be vested. He has a constitutional right to his property and will
19 defend it if he has to.
20
21 Karlee Deatherage stated she supports the moratorium. The County and Ecology
22 should host more community meetings. Ask the State for funding to do a pilot study to
23 measure how much water exempt wells use. Help folks impacted by this decision.
24
25 Abe Jacobson submitted and read from his testimony (on file) regarding the potential
26 impact of wells on instream flow, gathering data on the amount of water used by exempt
27 wells, and judicial review.
28
29 Peter Willing stated he supports the moratorium to come up with a solution.
30
31 Alan Meeks submitted a handout (on file) and described how the Hirst decision
32 affects his property. He is opposed to the moratorium. Allow senior water rights holders to
33 grant contracts to people for using water from a well until a water main can be built.
34 Without water, his property is worth nothing and his property taxes should be refunded.
35
36 Mike Sennett stated he supports the moratorium and the interim ordinance.
37
38 Ron Freeman stated private property rights have been stolen. He is opposed to the
39 moratorium. Property tax on rural undeveloped properties should be reduced by 60 to 80
40 percent. Wells have little impact on instream flows. Give people some relief.
41
42 Roger Almskaar submitted a handout (on file) and stated allow people who are
43 midway through the permit process to complete the process. He supports Councilmember
44 Mann's resolution. They need better science and data to set good stream level minimums.
45
46 Lee First, ReSources North Sound Bay Keeper, stated water levels are low. The
47 watershed is impaired for water quality and quantity. Find solutions. Quantify the impact
48 of exempt wells. She supports the moratorium.
49
50 Dan Colacurcio stated the water used by exempt wells don't affect the water
51 problems. He does not support a six month interim ordinance, because it will delay the
52 permit process by a year. Don't wait for a solution from the State.
53
Regular County Council Meeting, 12/6/2016, Page 6
1 Linda Twitchell, Building Industry Association of Whatcom County, stated they can't
2 meet minimum instream flows because it is set on an average. Half the time they're below
3 the minimum flow. Consider whether it's possible to use unused water rights from the PUD,
4 for example. Move forward to allow vesting for people who are midway through the permit
5 process. Mitigation requirements make housing expensive. Keep housing costs in mind.
6
7 Andy Ingram stated they are losing salmon habitat. Annual peak flows are changing,
8 which is a problem. Act on behalf of salmon and of future generations. He supports the
9 moratorium and extending it for six months.
10
11 Zack Nutting described how the Hirst decision affects his property. He is opposed to
12 the moratorium.
13
14 Brad Thompson described how the Hirst decision affects his property. He is opposed
15 to extending the exempt well moratorium. There is liability for a class action lawsuit from
16 residents.
17
18 Laurie Walton described how the Hirst decision affects her property. She is opposed
19 to the moratorium. She supports the proposed legislation from Senator Erickson.
20
21 Laura Sanderson stated consider requesting that the Supreme Court reconsider its
22 decision. Get a meeting with the Hearings Board to explain that the County can't do what
23 it's been asked to do. Require the City of Bellingham to engage in water conservation. She
24 does not support a six -month moratorium. She cares about salmon and tribal water rights,
25 but targeting wells doesn't address the issue.
26
27 Patty Bol stated she's opposed to the moratorium. Resolve the problem as soon as
28 possible.
29
30 David Haggith stated agriculture needs water. Farmers would like to help find a
31 solution. He supports the proposed legislation from Senator Erickson. The intent of the law
32 and Growth Management is to manage, not stop, growth.
33
34 Natalie McClendon stated she supports the moratorium to take time to deal with the
35 issues. Water right applicants have been waiting for a decision from the Department of
36 Ecology for decades.
37
38 Patrick Alesse stated water is power.
39
40 Jim Skerjanc stated he supports Councilmember Mann's letter. Don't burden the
41 Health Department with enforcing regulations.
42
43 Kaleb Breakey described how the Hirst decision affects his brother's property. Keep
44 working hard on behalf of the citizens to find a solution.
45
46 Hearing no one else, Buchanan closed the public hearing.
47
48 Weimer moved to adopt the interim ordinance.
49
50 The motion was seconded.
51
Regular County Council Meeting, 12/6/2016, Page 7
Karen Frakes, Prosecutor's Office, answered questions about the consequences of
not adopting the interim ordinance. They can't ignore the Supreme Court decision. The
County is obligated to take steps to come into compliance with the ruling.
Councilmembers discussed the County's legal constraints and interpreting the Court's
decision, how the County can achieve validity with the Hearings Board, whether they should
rely on the legislature to amend the Act, first giving relief to people who have invested
money into their projects, making sure the County doesn't lose its local control to the
Growth Management Hearings Board, steps the County can take to demonstrate it is
operating in good faith, tasking the Planning Unit to work on water issues, and the timeline
for completing the groundwater study.
Donovan moved to amend the ordinance to limit the length of the interim
ordinance to two months.
The motion was seconded.
Councilmembers discussed giving the legislature time to approve an amendment that
will fix the problem, how the interim ordinance is any different from the emergency
moratorium, and what happens to the County if it doesn't achieve validity.
Personius described the work staff is doing to collect, collate, and analyze the data
they need on the folks who are in a hardship situation and then make a case to grandfather
them into the process and come up with good policy and regulations. Six months will give
the legislature time to act. He answered questions about when other GMA counties have to
comply.
Sidhu suggested a friendly amendment to the amendment, to limit the length of
the interim ordinance to three months. If necessary, they can extend it another three
months.
Donovan accepted the friendly amendment.
The motion to amend carried by the following vote:
Ayes: Brenner, Weimer, Mann, Sidhu, Browne, Buchanan, and Donovan (7)
Nays: None (0)
Councilmembers discussed whether invalidity would apply to all building permits or
only to permits regarding exempt wells, gambling on the risk of invalidity, and informing
people who want to invest in property and build a house about the risk from a declaration of
invalidity.
Frakes spoke about the impact to staff if the Council doesn't renew the moratorium
or approve the interim ordinance and answered questions about whether staff is responsible
for interpreting the Supreme Court decision.
Councilmembers discussed whether the County could grandfather and conditionally
approve some permits and maintaining a cooperative approach.
The motion as amended carried by the following vote:
Ayes: Sidhu, Browne, Buchanan, Weimer and Donovan (5)
Nays: Brenner and Mann (2)
Regular County Council Meeting, 12/6/2016, Page 8
1 (Clerk's Note: The Council took a break from 11 :41 p.m. to 11:55 p.m.)
2
3
4 OTHER ITEMS
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6 11. DISCUSSION AND FORMULATION OF RECOMMENDATION RELATED TO THE
7 COUNTY EXECUTIVE'S VETO OF ORDINANCE 2016 -052 (LEVY OF TAXES FOR
8 COUNTY AND STATE PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR
9 THE YEAR OF 2017) (AB2016 -343)
10
11 Buchanan reported for the Special Committee of the Whole.
12
13 Browne moved to sustain the Executive's veto.
14
15 The motion was seconded.
16
17 The motion to sustain the veto carried by the following vote:
18 Ayes: Brenner, Mann, Sidhu, Browne, and Buchanan, (5)
19 Nays: Weimer and Donovan (2)
20
21 Browne moved to rescind the vote to adopt Ordinance 2016 -052.
22
23 The motion was seconded.
24
25 Donovan stated they need the revenue.
26
27 The motion to rescind the vote carried by the following vote:
28 Ayes: Brenner, Mann, Sidhu, Browne, and Buchanan, (5)
29 Nays: Weimer and Donovan (2)
30
31 Browne moved to adopt the levy that does not have a tax increase.
32
33 The motion was seconded.
34
35 The motion to adopt carried by the following vote:
36 Ayes: Brenner, Mann, Sidhu, Browne, and Buchanan, (5)
37 Nays: Donovan and Weimer (2)
38
39 12. DISCUSSION AND FORMULATION OF RECOMMENDATION RELATED TO THE
40 COUNTY EXECUTIVE'S VETO OF ORDINANCE 2016 -053 (FINAL BUDGET OF
41 WHATCOM COUNTY FOR THE BIENNIUM 2017 -2018) (AB2016 -198C)
42
43 Buchanan reported for the Special Committee of the Whole.
44
45 Browne moved to sustain the Executive's veto.
46
47 The motion was seconded.
48
49 The motion to sustain the veto carried by the following vote:
50 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
51 Nays: Weimer (1)
52
53 Mann moved to rescind the vote to adopt Ordinance 2016 -053.
Regular County Council Meeting, 12/6/2016, Page 9
1
2 The motion was seconded.
3
4 The motion to rescind carried by the following vote:
5 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
6 Nays: Weimer (1)
7
8 Mann moved to amend the ordinance to not approve the following additional
9 services requests (ASRs):
10 • ASR #5596 and #5624 Facilities Projects and Operations Manager
11 • ASR #5516 and #5627 Facilities Projects and Operations Manager Administrative
12 Assistant
13 ASR #5588 Evaluation of Financial System
14
15 The motion was seconded.
16
17 Councilmembers discussed the status of the deficit, given the approval of the
18 emergency management services (EMS) levy and whether the existing County staff can
19 serve the function of these positions.
20
21 Sidhu moved to vote on each ASR separately.
22
23 The motion was seconded.
24
25 The motion to vote on all ASRs separately failed by the following vote:
26 Ayes: Sidhu and Buchanan, (2)
27 Nays: Brenner, Mann, Browne, Weimer and Donovan (5)
28
29 Browne moved to withdraw from the motion ASRs 5596 and 5624 for a Facilities
30 Projects and Operations Manager.
31
32 Councilmembers discussed the deficit, whether hiring a facilities projects and
33 operations manager would save the County money through project savings, and earmarking
34 EMS levy revenue for public safety enhancements.
35
36 Jack Louws, County Executive, described the administration's reasons for adding the
37 new position and answered questions on capital facilities plans and the cost of past
38 contracts.
39
40 The motion to withdraw #5596 and #5624 from the motion to amend carried by the
41 following vote:
42 Ayes: Mann, Sidhu, Browne, and Donovan (4)
43 Nays: Brenner, Buchanan, and Mann opposed (3)
44
45 Buchanan restated the amended motion to not approve the following additional
46 services requests (ASRs):
47 • ASR #5516 and #5627 Facilities Projects and Operations Manager Administrative
48 Assistant
49 • ASR #5588 Evaluation of Financial System
50
51 Councilmembers continued to discuss the motion.
52
53
Regular County Council Meeting, 12/6/2016, Page 10
1 The motion to amend the ordinance carried by the following vote:
2 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6)
3 Nays: Donovan (1)
4
5 Brenner moved to consolidate the Parks Department by putting Senior Services in
6 Health, Parks Planning in the Planning Department, and Parks M &O in the Public Works
7 Department.
8
9 Councilmembers discussed what would be gained.
10
11 The motion was seconded.
12
13 The motion failed by the following vote:
14 Ayes: Brenner, Mann and Buchanan (3)
15 Nays: Donovan, Sidhu, Browne, and Weimer (4)
16
17 Sidhu moved to draft a resolution to put the money saved from the passage of the
18 EMS levy into a fund for public safety, jail, triage center, or other similar uses.
19
20 The motion was seconded.
21
22 Forrest Longman, County Council Office, stated the EMS funds can't be spent until
23 the Council appropriates them. The Council will have input on how those funds are spent.
24
25 Sidhu withdrew the motion.
26
27 Browne moved to adopt the ordinance as amended.
28
29 The motion to adopt as amended carried by the following vote:
30 Ayes: Sidhu, Browne, Buchanan, Donovan and Weimer (5)
31 Nays: Brenner and Mann (2)
32
33
34 OPEN SESSION
35
36 The following people spoke:
37 0 Bud Breakey spoke about the Hirst decision (AB2016- 309A).
38 0 Cliff Langley spoke about the Hirst decision (AB2016- 309A).
39
40
41 CONSENT AGENDA
42
43 Browne reported for the Finance and Administrative Services Committee and
44 moved to approve Consent Agenda items one through 24.
45
46 Mann withdrew items ten and 21.
47
48 The motion carried by the following vote:
49 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
50 Nays: None (0)
51
52 1, REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
53 CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
Regular County Council Meeting, 12/6/2016, Page 11
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DR. STUART ANDREWS, MD, FOR PHYSICIAN SERVICES AT THE WHATCOM
2
COUNTY JAIL AND WORK CENTER, IN THE AMOUNT OF $123,500 (AB2016-
3
374)
4
5
2.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
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CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
7
NORTHWEST YOUTH SERVICES TO FUND THE PROVISION OF HOUSING CASE
8
MANAGEMENT SERVICES IN ASSOCIATION WITH THE WHATCOM HOMELESS
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SERVICE CENTER, IN THE AMOUNT OF $202,831 (AB2016 -376)
10
11
3.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
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CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND BENNETT
13
ENGINEERING, LLC, TO PERFORM LANDFILL MONITORING SERVICES AT
14
CLOSED LANDFILLS AT CEDARVILLE AND Y -ROAD, IN THE AMOUNT OF
15
$67,850, FOR A TOTAL AMENDED CONTRACT AMOUNT OF $134,458
16
(AB2016 -377)
17
18
4.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
19
CONTRACT BETWEEN WHATCOM COUNTY, THE PORT OF BELLINGHAM, AND
20
THE CITY OF BELLINGHAM TO CONTINUE FUNDING THE SMALL BUSINESS
21
DEVELOPMENT CENTER THROUGH WESTERN WASHINGTON UNIVERSITY
22
FOR ECONOMIC DEVELOPMENT SERVICES, IN THE AMOUNT OF $423,500
23
(AB2016 -378)
24
25
S.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
26
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
27
NORTHWEST REGIONAL COUNCIL FOR SUPPORT SERVICES FOR THE MEALS
28
ON WHEELS PROGRAM, IN THE AMOUNT OF $80,000 (AB2016 -379)
29
30
6.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
31
CONTACT BETWEEN WHATCOM COUNTY AND BELLINGHAM FOOD BANK TO
32
PROCURE, WAREHOUSE, AND DISTRIBUTE FOOD AND OTHER ESSENTIALS
33
TO LOW INCOME FAMILIES, IN THE AMOUNT OF $276,000 (AB2016 -380)
34
35
7.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
36
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
37
PIONEER HUMAN SERVICES TO PROVIDE FUNDING TO OPERATE A
38
PERMANENT SUPPORTIVE HOUSING PROGRAM FOR HOMELESS
39
INDIVIDUALS, IN THE AMOUNT OF $371,412 (AB2016 -381)
40
41
8.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
42
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
43
OPPORTUNITY COUNCIL TO PROVIDE HOUSING CASE MANAGEMENT AND
44
SUPPORTIVE SERVICES TO INDIVIDUALS AND HOUSEHOLDS WHO ARE
45
HOMELESS OR AT RISK OF HOMELESSNESS, IN THE AMOUNT OF $355,500
46
(AB2016 -382)
47
48
9.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
49
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
50
OPPORTUNITY COUNCIL FOR OPERATIONS OF THE WHATCOM HOMELESS
51
SERVICE CENTER, IN THE AMOUNT OF $474,203 (AB2016 -383)
52
Regular County Council Meeting, 12/6/2016, Page 12
10. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
COMPASS HEALTH TO PROVIDE CRISIS STABILIZATION SERVICES TO
ADULT INMATES AND DETAINED JUVENILES WITH BEHAVIORAL HEALTH
PROBLEMS, IN THE AMOUNT OF $462,871 (AB2016 -384)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the request.
Mann stated he will not vote for any contracts with Compass Health due to the
conditions of their facility downtown and lack of response to improve conditions.
The following staff answered questions:
• Tyler Schroeder, Executive's Office
• Bill Elfo, Sheriff
Councilmembers discussed whether the County has any contract specifically
regarding Rainbow Center and getting more information at a presentation, the impact of
losing a psychiatrist in the jail, and the lack of service providers to meet the demand
throughout the region.
The motion carried by the following vote:
Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: Mann (1)
11. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND RESOURCES TO
IMPLEMENT A COUNTYWIDE WASTE REDUCTION AND RECYCLING
EDUCATION PROGRAM FOR YOUTH AT THE ELEMENTARY, MIDDLE, AND
HIGH SCHOOL LEVELS, IN THE AMOUNT OF $35,000, FOR AN AMENDED
CONTRACT AMOUNT OF $105,000 (AB2016 -385)
12. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
LYDIA PLACE TO FUND THE PROVISION OF HOUSING CASE MANAGEMENT
SERVICES IN ASSOCIATION WITH THE WHATCOM HOMELESS SERVICE
CENTER, IN THE AMOUNT OF $162,210 (AB2016 -386)
13. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
CATHOLIC COMMUNITY SERVICES TO FUND THE PROVISION OF HOUSING
CASE MANAGEMENT SERVICES IN ASSOCIATION WITH THE WHATCOM
HOMELESS SERVICE CENTER, IN THE AMOUNT OF $241,985 (AB2016 -387)
14. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND SUSTAINABLE
CONNECTIONS FOR IMPLEMENTATION OF THE COMMERCIAL WASTE
REDUCTION AND RECYCLING EDUCATION PROGRAM, IN THE AMOUNT OF
$50,000, FOR A TOTAL AMENDED CONTRACT AMOUNT OF $85,000 (AB2016-
388)
15. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
Regular County Council Meeting, 12/6/2016, Page 13
ASSOCIATED EARTH SCIENCES, INC. FOR GROUNDWATER MONITORING
SERVICES TO SUPPORT THE ONGOING GROUNDWATER MODELING PROJECT
IN THE NORTH COUNTY, IN THE AMOUNT OF $17,025 (AB2016 -389)
16. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO
AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY
OF BELLINGHAM TO DEFINE CITY AND COUNTY OBLIGATIONS FOR THE
COOPERATIVE ADMINISTRATION OF THE LAKE WHATCOM HOMEOWNER
INCENTIVE PROGRAM (AB2016 -390)
17. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND
SOFTRESOURCES, LLC, FOR CONSULTING SERVICES TO ASSIST WITH
REQUEST FOR PROPOSAL MANAGEMENT, VENDOR ANALYSIS, DEMOS AND
DECISION SUPPORT FOR A NEW PERMIT TRACKING AND DATA
MANAGEMENT SYSTEM, IN THE AMOUNT OF $52,465, FOR A TOTAL
AMENDED CONTRACT AMOUNT OF $137,580 (AB2016 -391)
18. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
WHATCOM HUMANE SOCIETY FOR THE PROVISION OF ANIMAL CONTROL
AND SHELTER SERVICES, IN THE AMOUNT OF $773,057.44 (AB2016 -392)
19. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AUTHORIZE
PURCHASE OF REPLACEMENT REDUNDANT CISCO SYSTEMS, INC. NETWORK
FIREWALL APPLIANCES FROM VENDOR CENTURY LINK, INC., USING
WASHINGTON STATE CONTRACT T12- MST -642, IN THE AMOUNT OF
$87,142.56 (AB2016 -393)
20. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND DOMESTIC VIOLENCE AND
SEXUAL ASSAULT SERVICES IN SUPPORT OF THE DOMESTIC VIOLENCE
COMMISSION, IN THE AMOUNT OF $120,000 (AB2016 -394)
21. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER IN TO A
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
COMPASS HEALTH FOR PSYCHIATRIC SERVICES AT THE WHATCOM COUNTY
JAIL, IN AN AMOUNT NOT TO EXCEED $90,000 (AB2016 -395)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: Mann (1)
22. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE
PURCHASE AND AWARD BID #16 -58 TO LOW BIDDER, BLADE CHEVROLET,
FOR ONE 3/4 -TON DOUBLE CAB 4WD PICKUP TRUCK, IN THE AMOUNT OF
$33,633.48 (AB2016 -396)
23. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE
PURCHASE AND AWARD BID #16 -61 TO LOW BIDDER, BLADE CHEVROLET,
Regular County Council Meeting, 12/6/2016, Page 14
1 FOR THREE 1/4-TON EXTENDED CAB 4WD PICKUP TRUCKS, IN THE AMOUNT
2 OF $93,154.52 (AB2016 -397)
3
4 24. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A ONE
5 YEAR RESIDENTIAL LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND
6 RODNEY AND HAYLIE PARKS FOR LEASE OF 7981 BLAINE ROAD, FOR THE
7 MONTHLY AMOUNT OF $1,250 (AB2016 -398)
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10 OTHER ITEMS
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12 1. ORDINANCE AMENDING ORDINANCE 2012 -050 ESTABLISHING THE BIRCH
13 BAY DRIVE AND PEDESTRIAN FACILITY PROJECT FUND AND ESTABLISHING
14 A PROJECT BASED BUDGET FOR CRP NO. 907001 (AB2016 -363)
15
16 Browne reported for the Finance and Administrative Services Committee and
17 moved to adopt the ordinance.
18
19 The motion carried by the following vote:
20 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
21 Nays: None (0)
22
23 2. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 2, CHAPTER 2.120
24 SECTION 2.120.040 MEMBERSHIP -TERM OF OFFICE FOR THE SURFACE
25 MINING ADVISORY COMMITTEE (AB2016 -364)
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)
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34 3. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 6.04, ANIMAL
35 CONTROL (AB2016 -321)
36
37 Browne reported for the Finance and Administrative Services Committee and
38 moved to adopt the ordinance.
39
40 The motion carried by the following vote:
41 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
42 Nays: None (0)
43
44 4. ORDINANCE AMENDING THE 2016 WHATCOM COUNTY BUDGET,
45 EIGHTEENTH REQUEST, IN THE AMOUNT OF $598,994 (AB2016 -365)
46
47 Browne reported for the Finance and Administrative Services Committee and
48 moved to adopt the ordinance.
49
50 The motion carried by the following vote:
51 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
52 Nays: None (0)
53
Regular County Council Meeting, 12/6/2016, Page 15
1 5. ORDINANCE AUTHORIZING WHATCOM COUNTY SHERIFF'S OFFICE RESERVE
2 DEPUTIES TO ENROLL IN THE VOLUNTEER FIREFIGHTERS' AND RESERVE
3 OFFICERS' RELIEF AND PENSION ACT (RCW 41.24) (AB2016 -366)
4
5 Browne reported for the Finance and Administrative Services Committee and
6 moved to adopt the ordinance.
7
8 The motion carried by the following vote:
9 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
10 Nays: None (0)
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12 6. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.03, BOARDS AND
13 COMMISSIONS, TO ALLOW STAGGERED TERMS WHEN APPOINTING
14 MEMBERS TO BOARDS, COMMISSIONS, AND COMMITTEES RETURNING FROM
15 HIATUS (AB2016 -350)
16
17 Browne reported for the Finance and Administrative Services Committee and
18 moved to adopt the ordinance.
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 7. RESOLUTION ADOPTING A SALARY SCHEDULE AND POLICIES FOR
25 UNREPRESENTED WHATCOM COUNTY EMPLOYEES EFFECTIVE JANUARY 1,
26 2017, THROUGH DECEMBER 31, 2017 (AB2016 -371)
27
28 Browne reported for the Finance and Administrative Services Committee and
29 moved to approve the resolution.
30
31 Mann stated he has received information from an unrepresented employee that he
32 would like to address at the next meeting.
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 S. RESOLUTION TO MAKE APPLICATION TO THE RECREATION AND
39 CONSERVATION OFFICE FIREARMS AND ARCHERY RANGE RECREATION
40 PROGRAM FOR FUNDING ASSISTANCE TO REPLACE THE INDOOR RANGE
41 ROOF AND HVAC SYSTEM AT THE PLANTATION RIFLE RANGE (AB2016 -372)
42
43 Browne reported for the Finance and Administrative Services Committee and
44 moved to approve the resolution.
45
46 The motion carried by the following vote:
47 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
48 Nays: None (0)
49
50 9. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
51 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY FLOOD CONTROL
52 ZONE DISTRICT AND BROWN AND CALDWELL FOR THE DEMING LEVEE
Regular County Council Meeting, 12/6/2016, Page 16
1 UPSTREAM IMPROVEMENT PROJECT IN THE AMOUNT $119,650, FOR A
2 TOTAL AMENDED CONTRACT AMOUNT OF $630,840 (AB2016 -373)
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 10. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
15 INTERLOCAL GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND NORTH
16 SOUND BEHAVIORAL HEALTH ORGANIZATION AND ISLAND, SAN JUAN,
17 SNOHOMISH, AND SKAGIT COUNTIES TO RECEIVE FUNDING SUPPORT FOR
18 COSTS ASSOCIATED WITH THE COUNTY'S CAPITAL PROJECT FOR THE
19 TRIAGE FACILITY EXPANSION, IN THE AMOUNT OF $2,500,000 (AB2016-
20 375)
21
22 Browne reported for the Finance and Administrative Services Committee and
23 moved to approve the request.
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 13. APPROVAL OF SPECIAL STANDING COUNCIL MEETING DATES FOR 2017
30 (AB2016 -368)
31
32 Sidhu moved to approve the meeting dates.
33
34 The motion was seconded.
35
36 The motion carried by the following vote:
37 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
38 Nays: None (0)
39
40
41 COUNCIL. APPOINTMENTS TO BOARDS, COMMISSIONS,- AND COMMITTEES
42 w ^_
43 1. APPOINTMENT TO FILL VACANCY ON THE WILDLIFE ADVISORY COMMITTEE,
44 MEMBER WITH TECHNICAL EXPERTISE - APPLICANT: STEPHEN NYMAN
45 (AB2016 -349)
46
47 Sidhu moved to appoint Stephen Nyman.
48
49 The motion was seconded.
50
51 The motion carried by the following vote:
52 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
53 Nays: None (0)
Regular County Council Meeting, 12/6/2016, Page 17
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2. APPOINTMENT TO TWO VACANCIES ON THE FLOOD CONTROL ZONE
DISTRICT ADVISORY COMMITTEE - APPLICANT: DALE BUYS (AB2016 -352)
Council acting as the Flood Control Zone District Board of Supervisors.
Browne moved to appoint Dale Buys.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
3. APPOINTMENT, PER RCW 85.38.070(5), TO FILL VACANCY ON
CONSOLIDATED DRAINAGE IMPROVEMENT DISTRICT #31 BOARD OF
COMMISSIONERS, POSITION 1 - APPLICANT(S): DALE DEVRIES (AB2016-
369)
Brenner moved to appoint Dale DeVries.
The motion was seconded.
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
Weimer reported for the Natural Resources Committee.
Mann asked for the official appraisal for the Galbraith Mountain acquisition.
Buchanan updated the Council on the status of the Jail Stakeholder Work Group.
There have been three meetings. They are considering three proposals:
• The "All In" Proposal from the City of Bellingham
• A yet -to -be modified version of the original proposal
• The original proposal
The Committee meets again on Thursday, December 15 in Lynden.
Councilmembers gave updates on recent activities and upcoming events.
Regular County Council Meeting, 12/6/2016, Page 18
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ADJOURN
The meeting adjourned at 1:11 a.m. on Wednesday, December 7, 2016.
The County Council approved these minutes on February 7, 2017.
ATTEST:
Q
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Dan *M "fn;,DAVis, Quncil Gerk
Jill Nixofff,P,1inutg .n
s Tr�scription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
B Vruchanan , Council Chair
Regular County Council Meeting, 12/6/2016, Page 19