HomeMy WebLinkAboutCounty Council February 21 20161 WHATCOM COUNTY COUNCIL
2 Regular County Council Meeting
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4 February 21, 2017
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6 CALL TO ORDER
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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.
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12 ROLL CALL
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15 Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd
16 Donovan, Rud Browne and Barry Buchanan
17 Absent: None
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20 FLAG SALUTE
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23 ANNOUNCEMENTS
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25 Buchanan reported for the afternoon Special Committee of the Whole and stated the
26 Committee discussed the following items in executive session.
27 1. Discussion with Public Works staff regarding potential property acquisition
28 (AB2017 -018)
29 2. Discussion with Senior Deputy Prosecutor Karen Frakes regarding pending
30 litigation, Whatcom County Association of Realtors, et al v. Whatcom County,
31 Growth Management Hearing Board Case No. 16 -2 -0007 (AB2017 -018)
32 3. Discussion with Senior Deputy Prosecutor Karen Frakes regarding pending and
33 potential litigation, Hirst et al v. Whatcom County, GMHB Case No. 12 -2 -0013
34 (AB2017 -018)
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37 MINUTES CONSENT
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39 Brenner moved to approve Minutes Consent items one through four. The motion
40 was seconded.
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42 Browne withdrew item four.
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44 The motion to approve Minutes Consent items one through three carried by the
45 following vote:
46 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
47 Nays: None (0)
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49 1. SPECIAL COMMITTEE OF THE WHOLE (9:30 A.M.) FOR JANUARY 10, 2017
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51 2. SPECIAL COMMITTEE OF THE WHOLE FOR JANUARY 24, 2017
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53 3. COUNTY COUNCIL MEETING FOR JANUARY 24, 2017
Regular County Council Meeting, 2/21/2017, Page 1
4. SURFACE WATER WORK SESSION FOR FEBRUARY 14, 2017
Donovan moved to approve the Minutes. The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Abstains: Browne (1)
SPECIAL PRESENTATION
1. PORTAGE BAY PARTNERSHIP: A HISTORIC AGREEMENT TO IMPROVE WATER
QUALITY IN THE NOOKSACK BASIN (AB2017 -089)
Rich Apple, Ag Water Board, reported on the agreement. They want the County to
work on the water quality issue in Portage Bay through a community effort to open shellfish
beds as soon as possible.
Tim Ballew II, Lummi Nation Chairman, continued the report on the agreement
between fishing and farming interests to provide certainty in the future. The goal is
improved water quality for the Portage Bay shellfish beds and the entire Nooksack River
basin. He asked that the County support their partnership. It's likely they'll develop a
State or federal request soon.
Councilmembers thanked Mr. Apple and Chairman Ballew for their partnership.
Jack Louws, County Executive, stated the administration is committed to being
supportive and involved however necessary. The Public Works Department staff will be a
liaison between the County and the Partnership.
OPEN SESSION
The following people spoke:
• William LaFreniere spoke about Portage Bay shellfish bed pollution and septic
system pollution.
• Charles Bailey, Lummi Island Ferry Advisory Committee, submitted a handout
(on file) and spoke about the committee's work on the resolution establishing
a new level of service for the Lummi Island ferry system (AB2017 -081).
• Chris Colburn, Lummi Island Ferry Advisory Committee, spoke about the
committee's work on the resolution establishing a new level of service for the
Lummi Island ferry system (AB2017 -081).
• Mary Ross spoke about the Lummi Island Ferry Advisory Committee work on
the resolution establishing a new level of service for the Lummi Island ferry
system (AB2017 -081).
• Rhayma Blake, Lummi Island Ferry Advisory Committee, spoke about the
committee's work on the resolution establishing a new level of service for the
Lummi Island ferry system (AB2017 -081).
• Wendy Harris spoke about the Portage Bay Partnership, regulation of
agriculture, and the staff memo about geologically hazardous areas in the
critical areas ordinance.
Regular County Council Meeting, 2/21/2017, Page 2
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CONSENT AGENDA
Browne reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through six.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
1. RESOLUTION CANCELING UNCOLLECTIBLE PERSONAL PROPERTY TAXES
(AB2017 -073)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE COUNCIL ON AGING FOR
STAFFING AND OPERATIONS OF THE BELLINGHAM SENIOR ACTIVITY
CENTER, IN THE AMOUNT OF $120,144 (AB2017 -074)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND JET OLDSTERS ASSOCIATION
OF FERNDALE TO PROVIDE SCHEDULING AND OVERSIGHT OF PUBLIC
RENTALS AT THE FERNDALE SENIOR ACTIVITY CENTER, FOR A
REIMBURSEMENT AMOUNT OF 75% OF ALL RECEIPTS, MINUS COUNTY
EXPENSES (AB2017 -075)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND JET OLDSTERS ASSOCIATION
OF FERNDALE FOR STAFFING AND OPERATIONS OF THE FERNDALE SENIOR
ACTIVITY CENTER, IN THE AMOUNT OF $120,144 (AB2017 -076)
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE CITY OF LYNDEN TO
PROVIDE STAFFING AND OPERATIONAL SUPPORT AT THE LYNDEN SENIOR
ACTIVITY CENTER, IN THE AMOUNT OF $120,144 (AB2017 -077)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE CITY OF BLAINE TO
PROVIDE STAFFING AND OPERATIONAL SUPPORT AT THE BLAINE SENIOR
ACTIVITY CENTER, IN THE AMOUNT OF $120,144 (AB2017 -078)
OTHER ITEMS
1, RESOLUTION AMENDING THE 2017 FLOOD CONTROL ZONE DISTRICT AND
SUBZONE BUDGETS, FIRST REQUEST, IN THE AMOUNT OF $143,676
(COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE
DISTRICT BOARD OF SUPERVISORS) (AB2017 -065)
Browne reported for the Finance and Administrative Services Committee and moved
to approve the resolution.
Regular County Council Meeting, 2/21/2017, Page 3
1 The motion carried by the following vote:
2 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
3 Nays: None (0)
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5 2. ORDINANCE AMENDING THE 2017 WHATCOM COUNTY BUDGET, SECOND
6 REQUEST, IN THE AMOUNT OF $888,464 (AB2017 -066)
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8 Browne reported for the Finance and Administrative Services Committee and moved
9 to adopt the ordinance.
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11 Councilmembers discussed a discrepancy in the numbers and the Petrogas appeal
12 defense.
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14 The motion carried by the following vote:
15 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
16 Nays: None (0)
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18 3. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.03, 2.22, AND 2.104 TO
19 PROHIBIT THE APPOINTMENT OF DECLARED POLITICAL CANDIDATES TO
20 BOARDS, COMMITTEES, AND COMMISSIONS AND REQUIRING RESIGNATION
21 FROM THE ETHICS COMMISSION AND SALARY COMMISSION FOR MEMBERS
22 SEEKING AN ELECTED POSITION WITHIN THE COUNTY (AB2017 -057)
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24 Browne reported for the Finance and Administrative Services Committee and moved
25 to adopt the substitute ordinance version 1. He reported on the two versions of the
26 ordinance. He moved to amend section 2.03.090 to include the amendments shown in
27 version 2. The motion to amend was seconded.
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29 Councilmembers discussed encouraging people to volunteer on these committees.
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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)
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35 Buchanan moved to amend sections 2.03.090, 2.22.040, and 2.104.090(D) to
36 reference the Revised Code of Washington (RCW) definition of candidate, "...candidate, as
37 defined by RCW 42.17A.005(7),..." The motion to amend was seconded.
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39 The motion to amend carried by the following vote:
40 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
41 Nays: None (0)
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43 Councilmembers discussed whether this is a solution to an actual problem.
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45 The motion carried by the following vote:
46 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
47 Nays: Weimer (1)
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49 4. RESOLUTION SETTING A HEARING DATE TO SELL TAX -TITLE PROPERTY BY
50 PUBLIC AUCTION REQ. #TR2017 -01 (AB2017 -087)
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52 Browne reported for the Finance and Administrative Services Committee and moved
53 to approve the resolution.
Regular County Council Meeting, 2/21/2017, Page 4
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2 The motion carried by the following vote:
3 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
4 Nays: None (0)
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6 S. RESOLUTION AUTHORIZING THE USE OF PARKS PROPERTY FOR ROAD
7 PURPOSES (AB2017 -080)
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9 Brenner reported for the Public Works, Health, and Safety Committee and moved to
10 approve the resolution.
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12 The motion carried by the following vote:
13 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
14 Nays: None (0)
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16 6. APPROVAL OF FUNDING PRIORITIES FOR THE CRIMINAL JUSTICE
17 TREATMENT ACCOUNT ESTABLISHED UNDER RCW 71.24.580 (AB2017 -082)
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19 Brenner reported for the Public Works, Health, and Safety Committee and moved to
20 approve the funding priorities.
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22 The motion carried by the following vote:
23 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
24 Nays: None (0)
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26 7. RESOLUTION ESTABLISHING A NEW LEVEL OF SERVICE FOR THE LUMMI
27 ISLAND FERRY SYSTEM (AB2017 -081)
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29 Brenner reported for the Public Works, Health, and Safety Committee and moved to
30 approve the resolution.
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32 Councilmembers discussed whether the language is too broad and the resolution being
33 the first step to moving forward.
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35 The motion carried by the following vote:
36 Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
37 Nays: Mann (1)
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39 S. APPOINTMENT TO THE NOXIOUS WEED CONTROL BOARD - APPLICANT:
40 DALE YODER (PER RCW17.10.050(2) THE COUNTY LEGISLATIVE
41 AUTHORITY, WITHIN TEN DAYS OF RECEIVING NAME(S) OF NOMINEE(S),
42 SHALL APPOINT NOMINEE(S) TO THE COUNTY NOXIOUS WEED CONTROL
43 BOARD) (AB2017 -071)
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45 Brenner moved to appoint Dale Yoder by acclamation. The motion was seconded.
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47 The motion carried by the following vote:
48 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
49 Nays: None (0)
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Regular County Council Meeting, 2/21/2017, Page 5
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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. ORDINANCE ESTABLISHING CHARGES /FEES FOR PROVIDING ADVANCED
LIFE SUPPORT (ALS) AMBULANCE TRANSPORT SERVICES IN WHATCOM
COUNTY (AB2017 -086)
2. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION REQ.
#TR2017 -01 (AB2017 -087A)
3. RECEIPT OF APPLICATION(S) FOR THE PORTAGE BAY SHELLFISH
PROTECTION DISTRICT ADVISORY COMMITTEE, APPLICANT: MICHAEL
SHEPARD (APPLICATION DEADLINE FOR ANY OTHER APPLICANTS TO THIS
VACANCY IS 10 A.M. ON FEBRUARY 28, 2017) (AB2017 -072)
4. ORDINANCE ADOPTING INTERIM AMENDMENTS TO THE WHATCOM COUNTY
COMPREHENSIVE PLAN AND WHATCOM COUNTY CODE TITLE 15
(BUILDINGS AND CONSTRUCTION), TITLE 20 (ZONING), TITLE 21 (LAND
DIVISION REGULATIONS), AND TITLE 24 (HEALTH CODE), RELATING TO
WATER RESOURCES (AB2016 -309D)
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Councilmembers gave committee reports and updates on recent activities and
upcoming events.
ADJOURN
The meeting adjourned at 7:57 p.m.
The County Council approved these minutes on March 21, 2017.
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Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
ar uchana , Council Chair
Regular County Council Meeting, 2/21/2017, Page 6