HomeMy WebLinkAboutCounty Council October 11 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
50
51
52
53
WHATCOM COUNTY COUNCIL
Regular County Council Meeting
October 11, 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 and Committee of the
Whole meetings on the following items.:
• Discussion with County Administration regarding a potential property
acquisition for Park purposes (AB2016 -018). No action was taken.
• Discussion with Senior Deputy Prosecutor Karen Frakes regarding pending
litigation, Hirst et al v. Whatcom County, GMHB Case No. 12 -2 -0013
(AB2014 -018). No action was taken.
• Strategy planning discussion and positions to be taken regarding collective
bargaining (AB2016 -018). No action was taken.
PUBLIC HEARINGS
1. ORDINANCE REPEALING WHATCOM COUNTY CODE CHAPTER 8.06, SMOKING
IN THE WORKPLACE, AND ESTABLISHING WHATCOM COUNTY CODE
CHAPTER 24.14, SMOKING AND VAPING IN PUBLIC PLACES (AB2016 -253)
(Council acting as the Whatcom County Board of Health.)
Joe Fuller, Health Department, gave a staff report.
Buchanan opened the public hearing, and the following people spoke:
Marjorie Bell stated she supports the ordinance. It's an unhealthy norm that doesn't
belong in public places.
Kathie Peterson stated she and her students support the ordinance.
Regular County Council Meeting, 10/11/2016, 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
53
Yolanda Nunez - Hernandez, Squalicum Health Alliance, stated she supports the
ordinance. E- cigarette products don't have to disclose their ingredients.
Corina Lindsay, Squalicum Health Alliance, stated she supports the ordinance.
Haillee Martin, Squalicum Health Alliance, stated she supports the ordinance. They
have a right to not be exposed to the unhealthy activity. Use in public could promote the
use.
Riley O'Leary stated he supports the ordinance. It's irritating, it has potential
secondhand health risks, and it is an unhealthy social activity.
Kasandra Church, Whatcom Prevention Coalition, stated she supports the ordinance.
Limit youth exposure to vaping and e- cigarette devices in public.
Wendy Harris stated she supports the ordinance. E- cigarettes and vaping products
expose people to volatile organic compounds (VOCs).
Hearing no one else, Buchanan closed the public hearing.
Browne moved to adopt the ordinance.
The motion was seconded.
Councilmembers spoke in support of the ordinance.
Mann thanked the Public Health Advisory Board and Health Department staff for
bringing this to the Council.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
2. RESOLUTION APPROVING THE WHATCOM COUNTY 2017 ANNUAL
CONSTRUCTION PROGRAM (ACP) (AB2016 -284)
Buchanan opened the public hearing, and hearing no one, closed the public hearing.
Mann moved to adopt the ordinance.
The motion was seconded.
Browne moved to amend to remove project R4 regarding the project on Horton
Road, Northwest Drive to Aldrich Road.
Brenner stated she's opposed to the project.
The motion was seconded.
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Regular County Council Meeting, 10/11/2016, Page 2
1 Donovan moved to approve all the items except R4 regarding the project on Horton
2 Road, Northwest Drive to Aldrich Road.
3
4 The motion was seconded.
5
6 The motion to approve the resolution except R4 carried by the following vote:
7 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
8 Nays: None (0)
9
10 Sidhu moved to approve project R4 regarding the project on Horton Road,
11 Northwest Drive to Aldrich Road.
12
13 The motion to approve project R4 items carried by the following vote:
14 Ayes: Mann, Sidhu, Buchanan, Weimer and Donovan (5)
15 Nays: Brenner (1)
16 Abstains: Browne (1)
17
18 3. ORDINANCE ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE
19 20 ZONING, RELATING TO COMMERCIAL AND INDUSTRIAL LAND USES IN
20 LIMITED AREAS OF MORE INTENSIVE RURAL DEVELOPMENT (AB2016 -272)
21
22 Buchanan opened the public hearing, and the following people spoke:
23
24 Tim Kaptein, Innotech Process Equipment Owner, described his company. It's
25 difficult to find suitable land to serve his customers and meet fire flow access requirements.
26
27 Gary Honcoop stated he supports the zoning text amendment in item seven. His
28 business has become nonconforming. The text amendment restores his business use. He
29 also supports the clarity of other text amendments.
30
31 Wendy Harris stated she is opposed to the ordinance. It should have been done
32 through the Comprehensive Plan process. She read a letter of opposition from Tim
33 Trohimovich. She has concerns about abuse of administrative discretion.
34
35 Hearing no one else, Buchanan closed the public hearing.
36
37 Brenner moved to adopt the ordinance.
38
39 The motion was seconded.
40
41 Brenner stated it's time to make regulations more flexible.
42
43 Donovan stated these are very narrow changes to what is permitted.
44
45 The motion carried by the following vote:
46 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
47 Nays: None (0)
48
49 4. ORDINANCE AMENDING CERTAIN ELECTION PRECINCT BOUNDARIES AND
50 APPROVING NEW PRECINCT BOUNDARIES AS NECESSARY TO THE BOOK OF
51 ELECTION PRECINCT MAPS (AB2016 -291)
52
53 Buchanan opened the public hearing, and hearing no one, closed the public hearing.
Regular County Council Meeting, 10/11/2016, Page 3
1
2 Brenner moved to adopt the ordinance.
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 S. ORDINANCE AMENDING CHAPTERS 20.51, 20.71, 20.80, 20.85, 20.97 AND
11 TITLE 21 OF THE WHATCOM COUNTY CODE TO MAKE LOW IMPACT
12 DEVELOPMENT (LID), A STORMWATER AND LAND USE STRATEGY THAT
13 STRIVES TO MIMIC NATURAL HYDROLOGIC PROCESSES, THE PREFERRED
14 APPROACH TO SITE DEVELOPMENT BY MINIMIZING IMPERVIOUS
15 SURFACES, NATIVE VEGETATION LOSS, AND STORMWATER RUNOFF
16 (AB2016 -257)
17
18 Buchanan opened the public hearing, and the following people spoke:
19
20 David McLain stated the ordinance doesn't protect the watershed in Lake Whatcom.
21 Trees are frequently removed without review or permits. The ordinance must address tree
22 removal that is not associated with development. Create a penalty for ignoring the
23 ordinance.
24
25 Wendy Harris stated the ordinance is only focused on trees. Also consider soil
26 quality, site hydrology, under - shrubs, and the forest floor, not just tree canopy.
27
28 Hearing no one else, Buchanan closed the public hearing.
29
30 Browne moved to adopt the ordinance.
31
32 The motion was seconded.
33
34 Mark Personius, Planning and Development Services Department, answered
35 questions on the Council's ability to amend the regulations at any time; considering
36 penalties against or outreach to tree removal companies, who should know the regulations;
37 treeless buffers to protect against fires; making sure rules are enforced; and whether staff
38 has the time to monitor the amount of tree canopy.
39
40 The motion carried by the following vote:
41 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
42 Nays: Brenner (1)
43
44
45 OPEN SESSION
46
47 The following people spoke:
48 • Glen Smith, Washington State Groundwater Association, submitted a handout
49 (on file) and spoke about the Supreme Court decision on Hirst et al v.
50 Whatcom County, GMHB Case No. 12 -2 -0013 (AB2014 -018).
51 • Larry McCarter, Recycling and Disposal Services (RDS), spoke about the
52 resolution adopting an update to the Whatcom County Comprehensive Solid
53 and Hazardous Waste Management Plan (AB2016 -302).
Regular County Council Meeting, 10/11/2016, Page 4
Chet Dow, Common Threads Northwest, submitted a handout (on file) and
spoke about the Planning Commission transition to five Council districts.
• Ron Bronsema spoke about the resolution regarding a stakeholder group to
review the requirements related to the replacement of residential septic
systems (AB2016 -306).
• Carole Perry spoke about over - regulation and the cost of the proposed new
jail.
• Lurline Hammer spoke about the Supreme Court decision on Hirst et al v.
Whatcom County, GMHB Case No. 12 -2 -0013 (AB2014 -018).
• Wendy Harris spoke about the need for more environmental regulations to
protect the future of humans.
• Jerry Peterson spoke about the Supreme Court decision on Hirst et al v.
Whatcom County, GMHB Case No. 12 -2 -0013 (AB2014 -018).
Roger Hawley spoke about the Supreme Court decision on Hirst et al v.
Whatcom County, GMHB Case No. 12 -2 -0013 (AB2014 -018).
CONSENT AGENDA
Browne reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one, four, and five. Item two was withdrawn
from the agenda.
The motion to approve Consent Agenda items one, four, and five carried by the
following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
1. RESOLUTION APPROVING THE 2017 RECOMMENDED CONVENTION CENTER
ALLOCATIONS FOR TOURISM RELATED FACILITIES AND ACTIVITIES AS
DEFINED THROUGH RCW 67.28.1816 (AB2016 -297)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
COOPERATIVE AGREEMENT BETWEEN WHATCOM COUNTY AND THE
COMMODITY CREDIT CORPORATION FOR THE AGRICULTURAL
CONSERVATION EASEMENT PROGRAM, IN THE AMOUNT OF $543,020
(AB2016 -298)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #16 -50
AND ENTER INTO A CONTRACT FOR THE 2016 SWIFT CREEK REMOVAL
PROJECT TO LOW BIDDER STRIDER CONSTRUCTION, IN THE AMOUNT OF
$357,724.50 (AB2016 -299)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Regular County Council Meeting, 10/11/2016, Page 5
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
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #16 -52
AND ENTER INTO A CONTRACT FOR THE MARINE DRIVE /BNSF BRIDGE #172
BICYCLE WARNING SYSTEM TO LOW BIDDER SAIL ELECTRIC, INC., IN THE
AMOUNT OF $101,420 (AB2016 -300)
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND EDGE
ANALYTICAL LABORATORIES TO PROVIDE LABORATORY ANALYSIS OF
WATER SAMPLES TO SUPPORT THE COUNTY'S POLLUTION IDENTIFICATION
AND CORRECTION PROGRAM AND SHELLFISH PROTECTION DISTRICTS, IN
THE AMOUNT OF $30,000 (AB2016 -301)
OTHER ITEMS
1. ORDINANCE CLOSING THE SUPERIOR COURT FOURTH JUDGE COURTROOM
RENOVATION PROJECT FUND (AB2016 -288)
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)
2. RESOLUTION ORDERING THE CANCELLATION OF UNCLAIMED CHECKS MORE
THAN TWO YEARS OLD (AB2016 -296)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the resolution.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
3. RESOLUTION ADOPTING AN UPDATE TO THE WHATCOM COUNTY
COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN
(AB2016 -302)
Brenner reported for the Public Works, Health, and Safety Committee and stated this
item is held in committee.
4. RESOLUTION REQUESTING THE COUNTY EXECUTIVE INSTRUCT THE
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT TO CONVENE A
STAKEHOLDER GROUP TO REVIEW THE CURRENT AND PROPOSED
MITIGATION REQUIREMENTS RELATED TO THE REPLACEMENT OF
RESIDENTIAL SEPTIC SYSTEMS (AB2016 -306)
Brenner reported for the Public Works, Health, and Safety Committee and stated this
item is held in committee.
Regular County Council Meeting, 10/11/2016, Page 6
1 5. ORDINANCE ADOPTING THE CURRENT STATE BUILDING CODE AND
2 REPEALING THE EXISTING TITLE 15 OF THE WHATCOM COUNTY CODE
3 (AB2016 -289)
4
5 Weimer reported for the Planning and Development Committee and stated this item
6 was withdrawn from the agenda and will be scheduled for a public hearing.
7
8 6. RESOLUTION FORWARDING DRAFT SHORELINE MASTER PROGRAM
9 AMENDMENTS TO THE DEPARTMENT OF ECOLOGY FOR REVIEW (AB2016-
10 270A)
11
12 Weimer reported for the Planning and Development Committee and moved to
13 schedule a public hearing. He is opposed to the motion. There has already been a public
14 hearing at the Planning Commission, and it already has to have a public hearing at the
15 ordinance phase.
16
17 The motion carried by the following vote:
18' Ayes: Brenner, Mann, Sidhu, and Donovan (4)
19 Nays: Weimer, Browne, and Buchanan (3)
20
21
22 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
23
24 1. NOMINATION AND APPOINTMENT TO FILL TWO VACANCIES ON THE
25 ACME /VAN ZANDT FLOOD SUBZONE ADVISORY COMMITTEE -
26 APPLICANT(S): GALEN SMITH AND JOHN STEPHENS (AB2016 -277)
27
28 (Council acting as the Whatcom County Flood Control Zone District Board of
29 Supervisors.)
30
31 Brenner moved to appoint Galen Smith and John Stephens by acclamation.
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
40 EXECUTIVE APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
41
42 1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
43 LONI RAHM TO THE LODGING TAX ADVISORY COMMITTEE (AB2016 -303)
44
45 moved to confirm the appointment.
46
47 The motion was seconded.
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
53
Regular County Council Meeting, 10/11/2016, Page 7
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
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. REQUEST FOR A MAJOR MODIFICATION AND A ONE YEAR EXTENSION TO
THE LINCOLN ROAD LONG SUBDIVISION AND PLANNED UNIT
DEVELOPMENT (AB2015 -172A)
2. RESOLUTION EXTENDING THE CURRENT WHATCOM COUNTY FLOOD
CONTROL ZONE DISTRICT FUNDING MECHANISM AND LEVEL FOR THE
SAMISH WATERSHED SUBZONE (AB2016 -304)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.)
3. ORDINANCE AMENDING THE 2016 WHATCOM COUNTY BUDGET, SIXTEENTH
REQUEST, IN THE AMOUNT OF $14,370 (AB2016 -305)
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Weimer reported for the Natural Resources Committee on the discussion regarding
ways to increase and improve communication with Cherry Point industries to better
understand the benefits and impacts of current and future operations (AB2016 -290).
Councilmembers gave updates on recent activities and upcoming events.
ADJOURN
The meeting adjourned at 8:30 p.m.
The County Council approved these minutes on February 7, 2017.
Yr rrrrrar.r,�r
ATTEO' 1 . G
:+ r�1HAT�•`•i
Darfa Broyvr;,;Da is 1; d'Vnci1 Gerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
B ry Buchan n, Council Chair
Regular County Council Meeting, 10/11/2016, Page 8