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HomeMy WebLinkAboutCounty Council September 13 20161 WHATCOM COUNTY COUNCIL 2 Regular County Council Meeting 3 4 September 13, 2016 5 6 CALL TO ORDER 7 8 Council Chair Barry Buchanan called the meeting to order at 7:00 p.m. in the Council 9 Chambers, 311 Grand Avenue, Bellingham, Washington. 10 11 12 ROLL CALL 13 14 Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd 15 Donovan, Rud Browne and Barry Buchanan. 16 Absent: None. 17 18 19 FLAG SALUTE 20 21 22 ANNOUNCEMENTS 23 24 25 PUBLIC HEARINGS 26 27 1. RESOLUTION APPROVING THE WHATCOM COUNTY SIX -YEAR 28 TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2017 29 THROUGH 2022 (AB2016 -251) 30 31 Buchanan opened the public hearing, and the following people spoke: 32 33 Wendy Harris stated address health impact concerns through the plan if possible, 34 such as level of service. 35 36 David Strich stated he has reviewed and approves of the plan. 37 38 Hearing no one else, Buchanan closed the public hearing. 39 40 Browne moved to approve the resolution except for project R -4. He must abstain 41 from voting on that project. 42 43 Joe Rutan, Public Works Department, stated amend project Y -6 regarding fish 44 passage, to add $10,000 in year one, in the professional engineering (PE) category. 45 46 The motion was seconded. 47 48 Browne withdrew his motion to approve. 49 50 Sidhu moved to approve the resolution as presented. The motion was seconded. 51 52 Mann moved to amend project Y -6 regarding fish passage, to add $10,000 in year 53 one, in the PE category. The motion was seconded. Regular County Council Meeting, 9/13/2016, Page 1 1 2 The motion to amend carried by the following vote: 3 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 4 Nays: None (0) 5 6 Browne moved to amend to remove project R -4. He prefers to recuse himself from 7 approving that item because he owns property at the location. The motion was seconded. 8 9 Councilmembers discussed the process for removing one item for a separate vote 10 and the problems with the intersection in project R -4. 11 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 Rutan answered questions on how to amend the six -year transportation 17 improvement plan (STIP) and the annual plan. 18 19 Browne moved to approve the resolution without project R -4. The motion was 20 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 Donovan moved to approve project R -4 in the resolution. The motion was 27 seconded. 28 29 The motion carried by the following vote: 30 Ayes: Mann, Sidhu, Buchanan, Weimer and Donovan (5) 31 Nays: Brenner (1) 32 Abstains: Browne (1) 33 34 35 OPEN SESSION 36 37 The following people spoke: 38 • Wendy Harris spoke about health problems due to wood smoke and 39 agricultural burns. 40 • David Strich spoke about the speed limit on Marine Drive. 41 • Amy Glasser spoke about reimbursement for costs associated with the Trump 42 Rally, focusing on renewable energy sources, and the contract between 43 Whatcom County and CH2M Hill Engineers (AB2016 -260). 44 • Karlee Deatherage, Resources for Sustainable Communities, spoke about the 45 contract between Whatcom County and CH2M Hill Engineers (AB2016 -260) 46 and the proposed ordinance imposing an interim moratorium regarding the 47 Cherry Point urban growth area (AB2016- 256A). 48 • Dena Jenson spoke about protecting Tribal Treaty Rights and the contract 49 between Whatcom County and CH2M Hill Engineers (AB2016 -260). 50 0 Mike Sennat spoke about the contract between Whatcom County and CH2M 51 Hill Engineers (AB2016 -260). 52 • Paula Rotundi spoke about and the contract between Whatcom County and 53 CH2M Hill Engineers (AB2016 -260) and the contract between Whatcom Regular County Council Meeting, 9/13/2016, Page 2 County, Pacific International Terminals, Inc., and BNSF Railway Company (AB2016 -261). • Charles Law spoke about health hazards from burning material and the contract between Whatcom County and CH2M Hill Engineers (AB2016 -260). • John Strong spoke about the Alaska oil pipeline and the balance between the environment and economic impacts. • Christopher Bruce Deile spoke about wildlife suffering from oil spills and introduction of grizzly bears to the Cascade mountains. • Sandy Robson spoke about letters she sent to councilmembers, putting documents received regarding the Gateway Pacific Terminal (GPT) on the County website, and the contract between Whatcom County and CH2M Hill Engineers (AB2016 -260). • Victoria Savage spoke about the contract between Whatcom County and CH2M Hill Engineers (AB2016 -260). • Gwen Hunters spoke about the contract between Whatcom County and CH2M Hill Engineers (AB2016 -260). • Ellen Howard spoke about corporations' use of fossil fuels. • Max Perry spoke about the contract between Whatcom County and CH2M Hill Engineers (AB2016 -260). • Carole Perry spoke about important decisions regarding water and the contract between Whatcom County and Geneva Consulting (AB2016 -264). CONSENT AGENDA Browne reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through eight. 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 CONTRACT BETWEEN WHATCOM COUNTY AND FERNDALE SCHOOL DISTRICT FOR EMERGENCY MANAGEMENT SERVICES, IN THE AMOUNT OF $40,000 ANNUALLY FOR THREE YEARS (AB2016 -262) 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND CITY OF BELLINGHAM FOR MANAGEMENT AND OPERATION OF THE JOINT CITY - COUNTY AQUATIC INVASIVE SPECIES BOAT INSPECTION PROGRAM AT LAKE WHATCOM AND LAKE SAMISH, IN THE AMOUNT OF $95,000 (AB2016- 263) 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND GENEVA CONSULTING FOR WRIA1 WATERSHED MANAGEMENT PLAN IMPLEMENTATION STATUS UPDATE AND WEBSITE MODIFICATIONS, IN THE AMOUNT OF $20,475 (AB2016 -264) 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND TRANTECH ENGINEERING LLC FOR PRELIMINARY ENGINEERING WORK AND A TYPE, SIZE AND LOCATION Regular County Council Meeting, 9/13/2016, Page 3 (TS &L) REPORT TO AID IN SELECTING A PERMANENT REPLACEMENT OPTION OF THE EXISTING NORTH LAKE SAMISH ROAD BRIDGE, IN THE AMOUNT OF $131,803 (AB2016 -265) S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT BETWEEN WHATCOM COUNTY AND THE NON- GOVERNMENTAL WATER SYSTEM CAUCUS ON BEHALF OF THE WRIA1 PLANNING UNIT FOR CAUCUS SUPPORT FUNDING, IN THE AMOUNT OF $2,500 (AB2016 -266) 6. REQUEST APPROVAL TO AWARD BID #16 -39 AND AUTHORIZE THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT WITH SOLE BIDDER, CCI, INC. FOR CARPET REPLACEMENT IN COURTHOUSE OFFICES, IN AN AMOUNT NOT TO EXCEED $53,751.39 (AB2016 -267) 7. REQUEST APPROVAL TO AWARD BID #16 -46 AND AUTHORIZE THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT WITH LOW BIDDER, HYTECH ROOFING INC. FOR ROOF REPLACEMENT AT THE FERNDALE SENIOR ACTIVITY CENTER, IN THE AMOUNT OF $119,119.33 (AB2016 -268) S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND ALVAREZ & MARSAL VALUATION SERVICES, LLC FOR CONSULTATION AND TESTIMONY REGARDING THE VALUATION OF BP WEST PRODUCTS, LLC, IN THE AMOUNT OF $12,000, FOR A TOTAL CONTRACT AMOUNT OF $40,000 (AB2016 -269) OTHER ITEMS 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY, LUMMI NATION, NOOKSACK INDIAN TRIBE, WASHINGTON STATE DEPARTMENT OF FISH & WILDLIFE, THE CITIES OF BELLINGHAM, BLAINE, EVERSON, FERNDALE, LYNDEN, NOOKSACK, AND SUMAS AND PUBLIC UTILITY DISTRICT NO. 1 OF WHATCOM COUNTY REGARDING COORDINATED WATER AND NATURAL RESOURCES MANAGEMENT (AB2016 -258) This item was withdrawn from the agenda. 2. ORDINANCE AMENDING THE 2016 WHATCOM COUNTY BUDGET, FOURTEENTH REQUEST, IN THE AMOUNT OF $295,000 (AB2016 -252) 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) 3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AMEND THE CONTRACT BETWEEN WHATCOM COUNTY AND CH2M HILL ENGINEERS, INC. TO ACCOMPLISH THE RAMP DOWN WORK PLAN FOR CONTRACT COMPLETION ASSOCIATED WITH THE DEVELOPMENT OF AN Regular County Council Meeting, 9/13/2016, Page 4 1 ENVIRONMENTAL IMPACT STATEMENT TO COMPLY WITH NEPA AND SEPA 2 REGARDING THE PROPOSED GATEWAY PACIFIC TERMINAL AND BNSF 3 CUSTER SPUR MODIFICATION PROJECT TO ENSURE THE WORK AND 4 CONTRACTS ARE CLOSED OUT IN AN ORDERLY FASHION, IN THE AMOUNT 5 OF $51,085 (AB2016 -260) 6 7 Browne reported for the Finance and Administrative Services Committee and 8 moved to approve the request. 9 10 Councilmembers discussed whether they are still prohibited from talking about the 11 Gateway Pacific Terminal (GPT) project, a need to review how permits are vested, the intent 12 to close out this permit, and the deliverables of this contract. 13 14 Tyler Schroeder, Executive's Office, answered questions about recent public 15 disclosure requests and posting documents on the County website. 16 17 Weimer moved to amend the contract to remove section 10.2 on Council packet 18 page 141 regarding extensions. 19 20 The motion was seconded. 21 22 Tyler Schroeder, Executive's Office, answered questions on the process for amending 23 a contract that's already been signed. 24 25 Councilmembers discussed legal language that is unclear and should be removed, 26 whether a contract can be terminated for convenience, making these documents available 27 to the public as soon as possible, and the County's ownership of the documents. 28 29 The motion to amend the contract carried by the following vote: 30 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 31 Nays: None (0) 32 33 Weimer moved to amend section 10.1 to remove the second sentence, "...such 34 provision in writing. - tuaI agreement of 35 t*e -pa rti-es : the - -g i - - ..eiit- 'a4n w r' iting and signed by beth part-ies. 36 The term shall be...." 37 38 The motion was seconded. 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 Weimer moved to amend the term of the Amendment on Council packet page 138, 45 "Marc-h 13z'' December 31, 2016." 46 47 The motion was seconded. 48 49 The following staff answered questions: 50 • Jack Louws, County Executive 51 • Tyler Schroeder, Executive's Office 52 O Karen Frakes, Prosecutor's Office 53 Regular County Council Meeting, 9/13/2016, Page 5 1 Councilmembers and staff discussed the appropriate amount of time for concluding 2 the contract and receiving the deliverables. 3 4 The motion failed by the following vote: 5 Ayes: Buchanan and Weimer (2) 6 Nays: Brenner, Mann, Sidhu, Browne, and Donovan (5) 7 8 Donovan moved to amend the term of the Amendment on Council packet page 9 138, "Mareh 13z "z January 30, 2017." 10 11 The motion was seconded. 12 13 The councilmembers continued to discuss the appropriate amount of time for 14 concluding the contract and receiving the deliverables. 15 16 Donovan withdrew his amendment and moved to amend the contract on Council 17 packet page 138, "The general purpose or objective of this Agreement is to previde 18 pr-eparation of ramp down consultant's work on the Environmental Impact Statement to 19 comply with NEPA and SEPA regarding the Gateway Pacific Terminal and BNSF Custer Spur 20 Improvements Project, as more fully and definitively described in Exhibit A hereto. This 21 project will be contracted in a phased approach because the depth of the studies, and 22 therefore time & costs, cannot be foreseen until Phase 2 is completed by the Consultant and 23 accepted by the County." 24 25 Mann suggested a friendly amendment to amend 138, "The general purpose or 26 objective of this Agreement is to provide Derr orderly conclusion of the 27 Environmental Impact Statement process I: A regarding the 28 Gateway Pacific Terminal and BNSF Custer Spur Improvements Project, as more fully and 29 definitively described in Exhibit A hereto. This project will be contracted in a phased 30 approach because the depth of the studies, and therefore time & costs, cannot be foreseen 31 until Phase 2 is completed by the Consultant and accepted by the County." 32 33 Donovan accepted the friendly amendment. 34 35 The amended motion was seconded. 36 37 Browne suggested a friendly amendment to amend Council packet page 138, 38 "The general purpose or objective of this Agreement is to pFsvi - e- pr- epa-rat4of ---of ensure that 39 the consultant's work on the Environmental Impact Statement is closed out in an orderly 40 fashion to comply with NEPA and SEPA regarding the Gateway Pacific Terminal and BNSF 41 Custer Spur Improvements Project, as more fully and definitively described in Exhibit A 42 hereto. This project will be contracted in a phased approach because the depth of the 43 studies, and therefore time & costs, cannot be foreseen until Phase 2 is completed by the 44 Consultant and accepted by the County." 45 46 Donovan accepted the friendly amendment. 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 Regular County Council Meeting, 9/13/2016, Page 6 1 The councilmembers discussed phase two of the project and whether the last 2 sentence in the general purpose statement is relevant; access to the Sharepoint website, 3 and; whether work can be effectively resumed at a future date, as language indicates in 4 Exhibit A of the ramp down plan. 5 6 The motion to approve as amended carried by the following vote: 7 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 8 Nays: None (0) 9 10 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AMEND THE 11 CONTRACT BETWEEN WHATCOM COUNTY, PACIFIC INTERNATIONAL 12 TERMINALS, INC., AND BNSF RAILWAY COMPANY FOR REIMBURSEMENT OF 13 ALL COSTS AND FEES OF THE SCOPE OF WORK AND BUDGET OF PHASE 2, IN 14 THE AMOUNT OF $51,085 (AB2016 -261) 15 16 Browne reported for the Finance and Administrative Services Committee and 17 moved to approve the request. 18 19 Tyler Schroeder, Executive's Office, stated this contract adopts the language changes 20 to the previous agenda item. No specific language needs to be changed in this contract to 21 be consistent with the previous contract. 22 23 Mann stated the language in this contract includes the language the Council just 24 amended. 25 26 Browne moved to amend the language on Council packet page 162, "Attachment 27 A, as approved by the County Council on September 13, 2016." 28 29 The motion was seconded. 30 31 The motion to amend carried by the following vote: 32 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 33 Nays: None (0) 34 35 The motion to approve as amended carried by the following vote: 36 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 37 Nays: None (0) 38 39 S. RESOLUTION AMENDING RESOLUTION 2015 -025 AND ORDER VACATING A 40 PORTION OF DELTA LINE ROAD (AB2016 -115A) 41 42 Brenner reported for the Public Works, Health, and Safety Committee and moved 43 to approve the resolution. 44 45 The motion to approve carried by the following vote: 46 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 47 Nays: None (0) 48 49 6. ACCEPTANCE OF THE DRAFT PUBLIC PARTICIPATION PLAN (AB2016 -271) 50 51 Weimer reported for the Planning and Development Services Committee and 52 moved to accept the substitute with amendments made during committee. 53 Regular County Council Meeting, 9/13/2016, Page 7 1 The motion to approve carried by the following vote: 2 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 3 Nays: None (0) 4 5 7. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 2, 6 ADMINISTRATION AND PERSONNEL, TO ADD LANGUAGE RELATED TO AN 7 INCREASE IN THE NUMBER OF WHATCOM COUNTY COUNCIL DISTRICTS 8 (AB2016 -220) 9 10 Browne moved to adopt the ordinance. The motion was seconded. 11 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 17 EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 18 19 1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF 20 AMY ELLSWORTH TO THE WHATCOM COUNTY BICYCLE/ PEDESTRIAN 21 ADVISORY COMMITTEE (AB2016 -273) 22 23 Brenner moved to confirm the request. The motion 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 30 INTRODUCTION ITEMS 31 32 S. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE 33 AND PROCESSING OF APPLICATIONS AND PERMITS FOR NEW OR 34 EXPANDED FACILITIES IN THE CHERRY POINT URBAN GROWTH AREA, THE 35 PRIMARY PURPOSE OF WHICH WOULD BE THE SHIPMENT OF UNREFINED 36 FOSSIL FUELS NOT TO BE PROCESSED AT CHERRY POINT (AB2016 -256A) 37 38 Buchanan reported for the Committee of the Whole and referenced the substitute 39 ordinance that reflects amendments from Committee, including the following changes and 40 clarifications to the substitute: 41 • The title of the ordinance does not change from the original 42 • Delete "unrefined" in the fifth Whereas statement 43 • Amend the fifth Whereas statement, "...transfer from Cherry Point te— pretect 44 related to the protection of the health...." 45 46 Browne moved to correct the language in the draft ordinance as the Chair just 47 stated. 48 49 The motion was seconded. 50 51 The motion to amend carried by the following vote: 52 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 53 Nays: None (0) Regular County Council Meeting, 9/13/2016, Page 8 Browne moved to accept Introduction Items one through five, including a substitute ordinance for item one and an amended substitute ordinance for item five. The motion was seconded. The motion to Introduce carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) 1. ORDINANCE ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 20 ZONING, RELATING TO COMMERCIAL AND INDUSTRIAL LAND USES IN LIMITED AREAS OF MORE INTENSIVE RURAL DEVELOPMENT (AB2016 -272) 2. ORDINANCE AMENDING THE 2016 WHATCOM COUNTY BUDGET, FOURTEENTH REQUEST, IN THE AMOUNT OF $307,428 (AB2016 -274) 3. ORDINANCE AMENDING ORDINANCE 2014 -083 (AMENDMENT NO. 2) TO ESTABLISH THE CEDAR HILLS /EUCLID STORMWATER IMPROVEMENTS FUND AND ESTABLISH A PROJECT BASED BUDGET FOR CEDAR HILLS /EUCLID STORMWATER IMPROVEMENTS IN THE AMOUNT OF $260,000 (AB2016 -275) 4. 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) 5. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF APPLICATIONS AND PERMITS FOR NEW OR EXPANDED FACILITIES IN THE CHERRY POINT URBAN GROWTH AREA, THE PRIMARY PURPOSE OF WHICH WOULD BE THE SHIPMENT OF UNREFINED FOSSIL FUELS NOT TO BE PROCESSED AT CHERRY POINT (AB2016 -256A) COMMITTEE REPORTS, OTHER ITEMS„_AND COUNCI_L_MEMBER UPDATES Weimer reported for the Planning and Development Committee and the Natural Resources Committee. Browne reported for the Finance and Administrative Services Committee. Councilmembers discussed the budget review schedule. Mann moved to schedule a departmental budget discussion and work session, but not departmental presentations, on October 27, and receive the presentations in writing instead. The motion was seconded. Sidhu stated it would be helpful for new councilmembers to schedule independent meetings of about one hour with each department head to learn about the departments. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Regular County Council Meeting, 9/13/2016, Page 9 Councilmembers discussed removal of Gateway Pacific Terminal (GPT) language from the Open Session section of the agenda. Brenner moved to remove the language. The motion was seconded. Councilmembers discussed the possibility of limiting open session comments to topics relevant to the Council. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Councilmembers gave updates on recent activities and upcoming events. ADJOURN The meeting adjourned at 9:37 p.m. The County Council approved these minutes on February 7, 2017. ATTEST' tNAT�, +. ` s3QU , L - Dana F3row6-b ,.Cbuncil,�Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON *ry n n , Council Chair Regular County Council Meeting, 9/13/2016, Page 10