HomeMy WebLinkAboutCounty Council January 24 20171
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
WHATCOM COUNTY COUNCIL
Regular County Council Meeting
January 24, 2017
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd
Donovan, Rud Browne and Barry Buchanan.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
MINUTES CONSENT
Brenner moved to approve Minutes Consent items one through seven.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
1. SPECIAL COMMITTEE OF THE WHOLE FOR JULY 5, 2016
2. SPECIAL COMMITTEE OF THE WHOLE FOR JULY 12, 2016
3. SPECIAL COMMITTEE OF THE WHOLE FOR JULY 14, 2016
4. SURFACE WATER WORK SESSION FOR JULY 19, 2016
5. SPECIAL COMMITTEE OF THE WHOLE FOR JULY 26, 2016
6. SPECIAL COMMITTEE OF THE WHOLE (P.M.) FOR NOVEMBER 22, 2016
7. SPECIAL COMMITTEE OF THE WHOLE (EXECUTIVE SESSION) FOR DECEMBER
6, 2016
Regular County Council Meeting, 1/24/2017, Page 1
1 PUBLIC HEARINGS
2
3 1. ORDINANCE ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE
4 20 ZONING, PERMITTING KENNELS IN THE AGRICULTURE ZONE AS A
5 CONDITIONAL USE (AB2017 -038)
6
7 Buchanan opened the public hearing, and the following people spoke:
8
9 Don LaPlant described his experience operating a permitted kennel at the south end
10 of Whidbey Island. He supports the ordinance and the Rover Stay Over kennel.
11
12 William Zuidmeer stated this request is a spot zone for a future retail space. He is
13 opposed to the ordinance. His property values must be protected. There is room in the
14 rural zone for dog kennels. There will be a high demand for water supply for fire
15 suppression, but County water resources are already strained.
16
17 Denise Zuidmeer stated she is opposed to the ordinance. Most counties that allow
18 dog kennels in the agricultural zone are in Eastern Washington and have much more
19 agricultural land. The kennel in question hasn't ever had a permit. If this use is allowed,
20 many kennels will pop up around the county.
21
22 Vicki Hawley stated she is a member of the Agricultural Advisory Committee. She
23 supports the ordinance. This ordinance will eliminate complaints about kennels in the rural
24 zones.
25
26 Wes Kentch stated he is a member of the Agricultural Advisory Committee. He
27 supports the ordinance. It is small animal husbandry on a small scale, which is an
28 agricultural use. The agricultural zone is more appropriate for the use than the rural zone.
29
30 Kevin Sterk stated he supports the ordinance. He farms some of the land near the
31 existing kennel. It's more appropriate in the agricultural zone than the rural zone. He's the
32 closest neighbor to the west of the kennel. He supports the ordinance.
33
34 Jamie White stated only four counties in the State don't allow commercial kennels in
35 the agricultural zone. Three counties don't have the definition listed anywhere in the zoning
36 code.
37
38 Dannon Traxler, attorney, stated this is a legislative zoning text amendment that is
39 not focused on a particular piece of property. The two people who commented live in a
40 rural zone more than 1,500 feet away from kennel. The conditional use process is not an
41 easy process to go through, so there won't be many kennels that pop up. The proposal is
42 appropriate for many reasons.
43
44 Verna Kentch stated she's lived near a kennel before. In the rural area, it's expected
45 to hear animals. This is small animal husbandry. She supports the ordinance. There is a
46 permitting process that will address concerns about impacts.
47
48 Leroy Tideman stated he is a member of the Agricultural Advisory Committee. He
49 supports the ordinance. It is an appropriate use in the agricultural zone.
50
51 Hearing no one else, Buchanan closed the public hearing.
52
53 Brenner moved to adopt the ordinance.
Regular County Council Meeting, 1/24/2017, Page 2
1
2 The motion was seconded.
3
4 Charmae Scheffer, Rover Stay Over Owner, answered questions about how long the
5 business has been operating, if the property has a well, what type of fire suppression
6 system is in place, health and safety standards and requirements, and constructing a
7 building without a building permit and without fire safety systems.
8
9 Jamie White answered questions about the kennel going through the conditional use
10 permit and building permit processes that include fire flow and suppression requirements
11 and whether the Border Patrol knows that the building housing their kennels doesn't have
12 fire suppression.
13
14 Councilmembers discussed considering the text amendment that is applied
15 countywide versus the specific kennel that is trying to achieve compliance, whether this use
16 is detrimental to the agriculture zone, the agricultural community's approval of this use in
17 the agricultural zone, ensuring safety for ingress and egress, avoiding the message to the
18 community that ignoring the permitting rules will be forgiven, how this use will impact
19 water and animal waste, and to what standards the buildings will be permitted as
20 agricultural buildings.
21
22 The following staff answered questions:
23 • Gary Davis, Planning and Development Services Department
24 • Wain Harrison, Planning and Development Services Department
25
26 Staff answered questions about building code requirements to kennels, fire flow
27 requirements applied to kennels, and whether kennels in the agricultural zone will be
28 required to have a farm plan.
29
30 The motion carried by the following vote:
31 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
32 Nays: None (0)
33
34 2. ORDINANCE PROVIDING LOCAL PROCEDURES TO PROCESS DEVELOPMENT
35 PERMIT APPLICATIONS EFFICIENTLY AND TO PROMOTE FINALITY OF
36 DECISIONS (AB2017 -041)
37
38 Buchanan opened the public hearing, and the following people spoke:
39
40 Abe Jacobson stated he approves of the ordinance to save taxpayer money.
41
42 Amy Glasser stated she supports the ordinance.
43
44 Michael Kirshenbaum stated he supports the ordinance for the efficiency of staff and
45 taxpayer dollars and also for clarity of the process.
46
47 Carol Jacobson stated she approves the ordinance.
48
49 Hearing no one else, Buchanan closed the public hearing.
50
51 Weimer moved to adopt the ordinance.
52
53 The motion was seconded.
Regular County Council Meeting, 1/24/2017, Page 3
1
2 Councilmembers discussed who would benefit, when this process would apply, and
3 saving the County some money if this processes is ever enacted.
4
5 Browne suggested a friendly amendment to remove language about the early notice
6 of a likelihood of a determination of significance.
7
8 Tyler Schroeder, Executive's Office, answered questions and stated he can research
9 the questions and the early notice process in the next two weeks. According to the Ecology
10 State Environmental Policy Act (SEPA) handbook, there is an early notice process.
11 Applicants can request an early notice.
12
13 Brenner moved to hold in Council for two weeks.
14
15 The motion was seconded.
16
17 The motion to hold carried by the following vote:
18 Ayes: Brenner, Sidhu, Browne, and Buchanan (4)
19 Nays: Mann, Weimer and Donovan (3)
20
21 3. ORDINANCE ADOPTING THE CURRENT STATE BUILDING CODE AND
22 REPEALING THE EXISTING TITLE 15 OF THE WHATCOM COUNTY CODE
23 (AB2016 -289)
24
25 Wain Harrison, Planning and Development Services Department, gave a staff report.
26
27 Buchanan opened the public hearing, and hearing no one, closed the public hearing.
28
29 Browne moved to adopt the ordinance.
30
31 The motion was seconded.
32
33 Councilmembers discussed flexibility in rural areas for manufacturing or warehouse
34 buildings, sacrificing affordability to make the county fireproof,' and the expense of
35 requiring very wide road easements to allow fire truck turnaround.
36
37 The motion carried by the following vote:
38 Ayes: Sidhu, Browne, Buchanan, Weimer and Donovan (5)
39 Nays: Brenner and Mann (2)
40
41
42 OPEN SESSION
43
44 The following people spoke:
45 Galina Yarovoy spoke about the impacts to her property of the interim
46 amendments to the Whatcom County Comprehensive Plan and Whatcom
47 County Code Title 15 (Buildings and Construction), Title 20 (Zoning), Title 21
48 (Land Division Regulations), and Title 24 (Health Code) relating to water
49 resources.
50 Bill Lafreniere spoke about Consent Agenda items regarding the jail and work
51 center, the Washington State University (WSU) Extension, the remodel of the
52 Health Department building, and the proposed amendments regarding onsite
53 sewage regulations.
Regular County Council Meeting, 1/24/2017, Page 4
• Vern Yaden spoke about a proposed trail in the East County area for safety
reasons.
• Amy Glasser spoke about the process for complying with State and federal
environmental laws and the Consent Agenda item for autobody repair.
• Shorty Bjornstead spoke about a proposed trail in the East County area for
safety reasons.
• Carole Perry spoke about Council discussions regarding fire flow, septic
systems, and the critical areas ordinance update.
• Penelope Contompasis spoke about proposed regulations on septic systems.
• Shannon Shilt spoke about regulations on septic systems.
CONSENT AGENDA
Browne reported for the Finance and Administrative Services Committee and
moved to approve Introduction Items two through six. He withdrew item one.
Brenner withdrew item five.
The motion to approve Consent Agenda items two through four and six 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 AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM
CONSERVATION DISTRICT FOR NON -DAIRY AGRICULTURE TECHNICAL
ASSISTANCE, IN THE AMOUNT OF $100,000 (AB2017 -045)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the request. He will abstain from the vote.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Abstains: Browne (1)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND NORTHWEST
REGIONAL COUNCIL TO PROVIDE NURSING SERVICES TO OFFENDERS AT
THE DOWNTOWN JAIL, THE WORK CENTER AND JUVENILE DETENTION, IN
THE AMOUNT OF $33,045, FOR A TOTAL AMENDED AMOUNT OF $1,247,947
(AB2017 -046)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND DESIGN2LAST,
INC. TO PROVIDE BUILDING ASSESSMENT STUDIES AND COST ESTIMATES
FOR CAPITAL IMPROVEMENTS AT THE JAIL AND WORK CENTER, IN THE
AMOUNT OF $218,404.26, FOR A TOTAL AMENDED AMOUNT OF $370,287.20
(AB2017 -047)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND WASHINGTON
Regular County Council Meeting, 1/24/2017, Page 5
1 STATE UNIVERSITY TO CONTINUE THE SHARE AGENT COSTS FOR THE WSU
2 WHATCOM COUNTY EXTENSION FOR 2017, IN THE AMOUNT OF $161,437,
3 FOR A TOTAL AMENDED AMOUNT OF $1,570,535.90 (AB2017 -048)
4
5 5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #16 -53
6 AND AUTHORIZE THE EXECUTIVE TO ENTER INTO A CONTRACT WITH
7 JENSEN LEE CONSTRUCTION FOR THE HEALTH DEPARTMENT CREEKSIDE
8 OFFICES PROJECT, IN AN AMOUNT NOT TO EXCEED $54,094.55 (AB2017-
9 049)
10
11 Browne reported for the Finance and Administrative Services Committee and
12 moved to approve the request.
13
14 Jack Louws, County Executive, answered questions about whether funds are
15 intended for programs, not building repairs or restoration, even if the offices are necessary
16 to run the program; getting legal clarification on using behavioral health funds on a triage
17 center, and; changing the budget appropriation to general funds.
18
19 Brenner moved to hold in Council.
20
21 The motion was seconded.
22
23 Councilmembers discussed using general fund funds. Louws stated he will research
24 the use of the mental health /chemical dependency funds and use the general fund in the
25 budget appropriation item later in the meeting.
26
27 Brenner withdrew the motion to hold in Council.
28
29 The motion carried by the following vote:
30 Ayes: Mann, Browne, Sidhu, Buchanan, Weimer and Donovan (6)
31 Nays: Brenner (1)
32
33 6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE THE
34 PURCHASE OF AUTO BODY REPAIR SERVICES FROM VENDORS CEI GROUP
35 AND GITT'S AUTOBODY, USING WASHINGTON STATE CONTRACT #05015, IN
36 AN AMOUNT NOT TO EXCEED $70,000 (AB2017 -050)
37
38
39 OTHER ITEMS
40
41 1. ORDINANCE AMENDING THE 2017 WHATCOM COUNTY BUDGET, FIRST
42 REQUEST, IN THE AMOUNT OF $170,302 (AB2017 -039)
43
44 Browne reported for the Finance and Administrative Services Committee and
45 moved to adopt the ordinance.
46
47 Brenner moved to amend to change the funding source for the Health Department
48 building renovations from the chemical dependency /mental health fund to the general fund:
49 • Amend Council packet page 68, item six regarding the funding source, to
50 change the object code to be consistent with the general fund.
51 • Amend Council packet pages 62 and 63, change the chemical
52 dependency /mental health fund to the general fund.
53
Regular County Council Meeting, 1/24/2017, Page 6
1 The motion was seconded.
2
3 Councilmembers discussed the total amount being appropriated.
4
5 The motion to amend carried by the following vote:
6 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
7 Nays: None (0)
8
9 The motion to adopt as amended carried by the following vote:
10 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
11 Nays: None (0)
12
13 2. ORDINANCE AMENDING ORDINANCE 2015 -037, WHICH AMENDED
14 ORDINANCE 2015 -025 (ESTABLISHMENT OF THE WHATCOM COUNTY
15 INCARCERATION PREVENTION AND REDUCTION TASK FORCE) TO EXTEND
16 DUE DATES FOR DELIVERY OF THE INITIAL AND FINAL PHASE III REPORTS
17 (AB2017 -040)
18
19 Browne reported for the Finance and Administrative Services Committee and
20 moved to adopt the ordinance.
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 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
27 CONTRACT BETWEEN THE WHATCOM COUNTY FLOOD CONTROL ZONE
28 DISTRICT AND APPLIED GEOMORPHOLOGY FOR THE PREPARATION OF A
29 DETAILED GEOMORPHIC ASSESSMENT OF THE LOWER NOOKSACK RIVER IN
30 SUPPORT OF AN UPDATE TO THE COMPREHENSIVE FLOOD HAZARD
31 MANAGEMENT PLAN, IN THE AMOUNT OF $150,000 (AB2017 -044)
32
33 (Council Acting as the Whatcom County Flood Control Zone District Board of
34 Supervisors.)
35
36 Browne reported for the Finance and Administrative Services Committee and
37 moved to adopt the ordinance.
38
39 The motion carried by the following vote:
40 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
41 Nays: None (0)
42
43 4. RESOLUTION ADOPTING AN UPDATE TO THE WHATCOM COUNTY
44 COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN
45 (AB2016 -302)
46
47 Brenner reported for the Public Works, Health, and Safety Committee and moved to
48 approve the resolution.
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, 1/24/2017, Page 7
1 5. RESOLUTION IN THE MATTER OF CONSIDERING A VACATION OF A PORTION
2 OF CHETS ROAD (AB2017 -051)
3
4 Brenner reported for the Public Works, Health, and Safety Committee and moved to
5 approve the resolution.
6
7 The motion carried by the following vote:
8 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
9 Nays: None (0)
10
11 6. RESOLUTION DECLARING FORMATION OF THE COLUMBIA VALLEY PARK
12 AND RECREATION DISTRICT (AB2016 -218C)
13
14 Brenner moved to approve the resolution.
15
16 The motion was seconded.
17
18 The motion carried by the following vote:
19 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
20 Nays: None (0)
21
22
23 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
24
25 1. ANNUAL APPOINTMENTS TO COUNCIL - APPOINTED POSITIONS ON CITIZEN
26 BOARDS, COMMISSIONS, AND COMMITTEES (AB2017 -031)
27
28 Brenner moved to accept the late applications.
29
30 The motion was seconded.
31
32 The motion carried by the following vote:
33 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
34 Nays: None (0)
35
36 Drayton Harbor Shellfish Protection District Advisory Committee_
37
38 Brenner moved to appoint Charles Hawkins by acclamation.
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 Forestry Advisory Committee
47
48 Brenner moved to appoint Sharon Westergreen, Scott Thompson, and Greg Zender
49 by acclamation.
50
51 The motion was seconded.
52
53
Regular County Council Meeting, 1/24/2017, Page 8
1 The motion carried by the following vote:
2 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
3 Nays: None (0)
4
5 Planning Commission
6
7 Browne moved to nominate and appoint Kate Blystone by acclamation.
8
9 The motion was seconded.
10
11 The motion carried by the following vote:
12 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
13 Nays: None (0)
14 Abstains: Weimer (1)
15
16 Solid Waste Advisory Committee
17
18 Brenner moved to appoint Riley Grant by acclamation.
19
20 The motion was 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 2. ANNUAL APPOINTMENTS TO FLOOD CONTROL ZONE DISTRICT BOARD OF
27 SUPERVISORS — APPOINTED POSITIONS ON CITIZEN ADVISORY
28 COMMITTEES (AB2017 -032) (AB2017 -032)
29
30 (Council Acting as the Whatcom County Flood Control Zone District Board of
31 Supervisors.)
32
33 Brenner moved to appoint John Perry by acclamation.
34
35 The motion was seconded.
36
37 The motion carried by the following vote:
38 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
39 Nays: None (0)
40
41
42 EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
43
44 1. ANNUAL APPOINTMENTS TO EXECUTIVE - APPOINTED POSITIONS ON
45 BOARDS, COMMISSIONS, AND COMMITTEES (AB2017 -052)
46
47 Brenner moved to defer the appointment of the Developmental Disabilities Advisory
48 Board until after the November general election. The applicant is a candidate for office, and
49 she doesn't want to provide undue advantage in the election.
50
51 The motion was seconded.
52
Regular County Council Meeting, 1/24/2017, Page 9
1 Councilmembers discussed whether candidates for office need to resign from their
2 volunteer boards and commissions.
3
4 The motion to defer carried by the following vote:
5 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
6 Nays: Weimer (1)
7
8 Councilmembers discussed the possibility of amending the County Code for people
9 who have indicated they plan to become a candidate for office.
10
11 Brenner moved to confirm the appointments, except the Developmental Disabilities
12 Advisory Board appointment, by acclamation.
13
14 The motion was seconded.
15
16 The motion carried by the following vote:
17 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
18 Nays: None (0)
19
20
21 INTRODUCTION ITEMS
22
23 1. ORDINANCE AMENDING WHATCOM COUNTY CODE 24.05 ON -SITE SEWAGE
24 SYSTEM REGULATIONS (AB2017 -053)
25
26 Buchanan stated this item is held in Committee.
27
28
29 COMMITTEE REPORTS OTHER ITEMS AND COUNCILMEMBER UPDATES
30
31 Councilmembers gave updates on recent activities and upcoming events.
32
33
34 ADJOURN
35
36 The meeting adjourned at 9:15 p.m.
37
38 The County'GUtuj}cil approved these minutes on February 21, 2017.
40 n
41 ATTEST `T WHATCOM COUNTY COUNCIL
42 rc ;1 �• WHATCOM COUNTY, WASHINGTON
43
44 _ �±
45 F" I
{
47 Dana wn- iavis,-Cbucii Clerk B hanan, Council Chair
49
51
51
52 Jill Nixon, Minutes Transcription
Regular County Council Meeting, 1/24/2017, Page 10