HomeMy WebLinkAboutCounty Council November 9 20161
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
WHATCOM COUNTY COUNCIL
Regular County Council Meeting
November 9, 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 reported for the Special Committee of the Whole in executive session
regarding the discussion with Senior Deputy Prosecutor Jeffrey Sawyer regarding
pending litigation, Ringe v. Whatcom County, filed in Skagit County Superior Court
(AB2016 -018) and stated the County Council met in executive session concerning the
lawsuit: Leslie Sherri Ringe v. Whatcom County, et al. Pursuant to Whatcom County Code
2.56, the Council hereby finds the following:
A. the employee was acting in a matter in which the county had an interest;
B. the employee was acting in the discharge of a duty imposed or authorized by law;
C. The employee acted in good faith.
The officers, officials, agents, or employees will be defended and indemnified
pursuant to and consistent with the provisions of Whatcom County Code (WCC) 2.56.
Mann moved to approve the above findings.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Regular County Council Meeting, 11/9/2016, Page 1
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
OPEN SESSION
The following people spoke:
• Mary Kay Robinson, Whatcom County Association of Realtors, submitted a
handout (on file) and spoke about pending litigation, Hirst et al v. Whatcom
County, GMHB Case No. 12 -2 -0013 (AB2016 -018).
• Laura Sanderson spoke about pending litigation, Hirst et al v. Whatcom
County, GMHB Case No. 12 -2 -0013 (AB2016 -018) and not being able to drill
a well on her lot.
• Eric Joneson spoke about pending litigation, Hirst et al v. Whatcom County,
GMHB Case No. 12 -2 -0013 (AB2016 -018) and not being able to drill a well on
his lot.
• David Strich spoke about a speed limit on Marine Drive.
• Bud Breakey spoke about pending litigation, Hirst et al v. Whatcom County,
GMHB Case No. 12 -2 -0013 (AB2016 -018) and not being able to drill a well on
his lot.
• Tim Vanderman (SP) spoke about pending litigation, Hirst et al v. Whatcom
County, GMHB Case No. 12 -2 -0013 (AB2016 -018) and not being able to drill
a well on his lot.
• Roger (no last name given) spoke about pending litigation, Hirst et al v.
Whatcom County, GMHB Case No. 12 -2 -0013 (AB2016 -018) and not being
able to drill a well on his lot.
• Buck Breakey spoke about pending litigation, Hirst et al v. Whatcom County,
GMHB Case No. 12 -2 -0013 (AB2016 -018) and developing a short -plat on his
lot.
OTHER ITEMS
1. RESOLUTION ORDERING THE CANCELLATION OF ACCOUNTS RECEIVABLE
MORE THAN ONE YEAR OLD (AB2016 -322)
Mann moved to approve the resolution.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
2. RESOLUTION ORDERING THE CANCELLATION OF CHECKS (WARRANTS)
MORE THAN ONE YEAR OLD AB2016 -323)
Mann moved to approve the resolution.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Regular County Council Meeting, 11/9/2016, Page 2
1 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
2 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM
3 CONSERVATION DISTRICT FOR THE LAKE WHATCOM HOMEOWNER
4 INCENTIVE PROGRAM, IN THE AMOUNT OF $50,000 (AB2016 -324)
5
6 Brenner moved to approve the resolution.
7
8 The motion was seconded.
9
10 The motion carried by the following vote:
11 Ayes: Brenner, Donovan, Mann, Sidhu, Buchanan, and Weimer (6)
12 Nays: None (0)
13 Abstains: Browne (1)
14
15 4. RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO MAKE
16 APPLICATION AND ENTER INTO A GRANT AGREEMENT WITH THE
17 WASHINGTON STATE RECREATION AND CONSERVATION OFFICE FOR
18 FUNDING THROUGH THE NONHIGHWAY AND OFF -ROAD VEHICLE
19 ACTIVITIES PROGRAM, IN THE AMOUNT OF $200,000 FOR THE
20 DEVELOPMENT OF NON - MOTORIZED RECREATIONAL TRAILS AT LOOKOUT
21 MOUNTAIN FOREST PRESERVE AND LAKE WHATCOM PARK, AND $200,000
22 FOR THE DEVELOPMENT OF NON - MOTORIZED RECREATIONAL TRAILS AT
23 SOUTH FORK PARK (AB2016 -091C)
24
25 Mann moved to approve the resolution.
26
27 The motion was seconded.
28
29 Brenner moved to amend to remove the money for development of non - motorized
30 recreational trails at South Fork Park.
31
32 The motion was seconded.
33
34 Councilmembers discussed the concerns of nearby citizens who don't want more
35 trails in the area and the history of the South Fork Park development.
36
37 The motion to amend failed by the following vote:
38 Ayes: Brenner (1)
39 Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
40
41 The motion to approve the resolution as presented carried by the following vote:
42 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
43 Nays: Brenner (1)
44
45
46 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
47
48 1. APPOINTMENT TO FOUR VACANCIES ON THE HORTICULTURE PEST AND
49 DISEASE BOARD, APPLICANTS: MELISSA BEDLINGTON, ALLEN BROWN,
50 MIKE HAWLEY, MATTHEW MCDERMOTT (AB2016 -319) (THE HORTICULTURE
51 PEST AND DISEASE BOARD ASSISTS WHATCOM COUNTY IN ITS EFFORTS TO
52 MORE EFFECTIVELY CONTROL AND PREVENT THE SPREAD OF
53 HORTICULTURAL PESTS AND DISEASES)
Regular County Council Meeting, 11/9/2016, Page 3
1
2 Mann moved to nominate and appoint all four applicants by acclamation.
3
4 The motion was seconded.
5
6 The motion carried by the following vote:
7 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
8 Nays: None (0)
9
10
11 EXECUTIVE APPOINTMENTS TO BOARDS COMMISSIONS, AND COMMITTEES
12
13 1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
14 ROBERT SEAMAN TO THE WHATCOM MARINE RESOURCES COMMITTEE
15 (AB2016 -325) (THE MARINE RESOURCES COMMITTEE ASSISTS WHATCOM
16 COUNTY IN ITS EFFORTS TO ADDRESS LOCAL MARINE ISSUES AND
17 RECOMMENDS REMEDIAL ACTION TO LOCAL AUTHORITIES)
18
19 Mann moved to confirm the appointment.
20
21 The motion was seconded.
22
23 The motion carried by the following vote:
24 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
25 Nays: None (0)
26
27
28 INTRODUCTION ITEMS
29
30 Brenner moved to accept Introduction Items one through seven, nine through 13,
31 15 through 20, and 22 through 25.
32
33 The motion was seconded.
34
35 The motion carried by the following vote:
36 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
37 Nays: None (0)
38
39 1. ORDINANCE ESTABLISHING THE SUDDEN VALLEY STORMWATER
40 IMPROVEMENTS FUND AND ESTABLISHING A PROJECT -BASED BUDGET FOR
41 THE SUDDEN VALLEY STORMWATER IMPROVEMENTS PROJECT (AB2016-
42 326)
43
44 2. ORDINANCE ESTABLISHING THE HOVANDER PARK BUILDING
45 IMPROVEMENTS FUND AND ESTABLISHING A PROJECT- BASED BUDGET FOR
46 THE HOVANDER PARK BUILDING IMPROVEMENTS PROJECT (AB2016 -327)
47
48 3. ORDINANCE ESTABLISHING THE LAKE WHATCOM TRAIL DEVELOPMENT
49 FUND AND ESTABLISHING A PROJECT -BASED BUDGET FOR THE LAKE
50 WHATCOM PARK TRAIL DEVELOPMENT PROJECT (AB2016 -328)
51
52 4. ORDINANCE AMENDING ORDINANCE 2014 -080 (ESTABLISHMENT OF THE
53 ACADEMY ROAD STORMWATER IMPROVEMENTS FUND AND ACADEMY ROAD
Regular County Council Meeting, 11/9/2016, Page 4
STORMWATER IMPROVEMENTS PROJECT -BASED BUDGET) TO REQUEST
ADDITIONAL APPROPRIATION AUTHORITY, IN THE AMOUNT OF $98,000
(AB2016 -329)
S. ORDINANCE AMENDING ORDINANCE 2014 -081 (ESTABLISHMENT OF THE
AGATE HEIGHTS /ESTATE BAY LINE STORMWATER IMPROVEMENTS FUND
AND AGATE HEIGHTS ESTATE /BAY LANE STORMWATER IMPROVEMENTS
PROJECT -BASED BUDGET) TO REQUEST ADDITIONAL APPROPRIATION
AUTHORITY, IN THE AMOUNT OF $170,000 (AB2016 -330)
6. ORDINANCE AMENDING ORDINANCE 2014 -083 (ESTABLISHMENT OF THE
CEDAR HILLS /EUCLID STORMWATER IMPROVEMENTS FUND AND CEDAR
HILLS /EUCLID STORMWATER IMPROVEMENTS PROJECT BASED BUDGET) TO
REQUEST ADDITIONAL APPROPRIATION AUTHORITY, IN THE AMOUNT OF
$200,000 (AB2016 -275A)
7. ORDINANCE AMENDING THE 2016 WHATCOM COUNTY BUDGET,
SEVENTEENTH REQUEST, IN THE AMOUNT OF $2,336,646 (AB2016 -331)
S. ORDINANCE CLOSING THE SUPERIOR COURT FOURTH JUDGE COURTROOM
RENOVATION PROJECT FUND 346 (AB2016 -332)
This item was withdrawn from the agenda.
9. ORDINANCE CLOSING THE RURAL ROAD SAFETY PROGRAM FUND 343
(AB2016 -333)
10. ORDINANCE CLOSING THE LAKE WHATCOM BOULEVARD RE- SURFACING
FUND 352 (AB2016 -334)
11. ORDINANCE CLOSING THE SLATER RD /NOOKSACK RIVER BRIDGE FUND 354
(AB2016 -335)
12. ORDINANCE CLOSING THE HANNEGAN RD STRUCTURAL OVERLAY PROJECT
FUND 356 (AB2016 -336)
13. ORDINANCE CLOSING THE BEAVER CREEK STORMWATER IMPROVEMENTS
FUND 366 (AB2016 -337)
14. ORDINANCE ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE
20, ZONING, RELATED TO PERMITTING KENNELS IN THE AGRICULTURAL
ZONE AS A CONDITIONAL USE (AB2016 -338)
This item was withdrawn from the agenda.
15. ORDINANCE AUTHORIZING THE 2017 WHATCOM COUNTY UNIFIED FEE
SCHEDULE (AB2016 -339)
16. ORDINANCE ADOPTING THE FINAL BUDGET OF WHATCOM COUNTY FOR THE
BIENNIUM 2017 -2018 (AB2016 -198C)
17. ORDINANCE LIMITING THE 2017 GENERAL FUND PROPERTY TAX LEVY
(AB2016 -340)
Regular County Council Meeting, 11/9/2016, Page 5
1
2 18. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR CONSERVATION
3 FUTURES PURPOSES FOR 2017 (AB2016 -341)
4
5 19. ORDINANCE AUTHORIZING THE LEVY OF 2017 PROPERTY TAXES FOR
6 COUNTY ROAD PURPOSES (AB2016 -342)
7
8 20. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE
9 PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE YEAR OF 2017
10 (AB2016 -343)
11
12 21. RESOLUTION VACATING AN UNNAMED ALLEY WITHIN THE WHISPERING
13 PINES PLAT (AB2016 -210A)
14
15 This item was withdrawn from the agenda.
16
17 22. RESOLUTION ADOPTING THE FINAL 2017 BUDGET OF THE POINT ROBERTS
18 TRANSPORTATION BENEFIT DISTRICT (AB2016 -344)
19
20 (Council acting as the Point Roberts Transportation Benefit District Governing Body.)
21
22 23. RESOLUTION ADOPTING THE 2017 BUDGET FOR THE WHATCOM COUNTY
23 FLOOD CONTROL ZONE DISTRICT AND SUBZONES (AB2016 -345)
24
25 (Council acting as the Whatcom County Flood Control Zone District Board of
26 Supervisors.)
27
28 24. RESOLUTION OF THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT
29 SIX -YEAR WATER RESOURCES IMPROVEMENT PROGRAM FOR THE YEARS
30 2017 THROUGH 2022 (AB2016 -346)
31
32 (Council acting as the Whatcom County Flood Control Zone District Board of
33 Supervisors.)
34
35 25. RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR THE WHATCOM
36 COUNTY FLOOD CONTROL ZONE DISTRICT FOR 2017 (AB2016 -347)
37
38 (Council acting as the Whatcom County Flood Control Zone District Board of
39 Supervisors.)
40
41 26. RESOLUTION OF THE WHATCOM COUNTY COUNCIL REQUESTING THAT THE
42 EXECUTIVE PREPARE ALTERNATIVE FINANCING OPTIONS FOR SELECTED
43 WATER RESOURCES SERVICES (AB2016- AB2016 -351)
44
45
46 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
47
48 Councilmembers discussed a recent court ruling in Spokane, the Hirst court ruling,
49 creating a frequently asked question and answer guide for citizens regarding the Hirst court
50 ruling, the process for making amendments to the proposed 2017 -2018 budget, and gave
51 updates on recent activities and upcoming events.
52
Regular County Council Meeting, 11/9/2016, Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Tyler Schroeder, Executive's Office, gave a staff report on plans for the exempt well
moratorium and resolving the problems with State legislation in Olympia, Washington.
ADJOURN
The meeting adjourned at 8:02 p.m.
The County Council approved these minutes on February 7, 2017.
�t��ttirr��rrrrrr��
ATTEST;
y
Ana $rq r "s ounci'E-Clerk
CF
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
ar uchanan, Council Chair
Regular County Council Meeting, 11/9/2016, Page 7