HomeMy WebLinkAboutCounty Council April 18 20171
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WHATCOM COUNTY COUNCIL
Regular County Council Meeting
April 18, 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
1. CONSIDERATION OF APPEAL OF THE HEARING EXAMINER'S DECISION ON
FILE NO. SHR2015 -0003 BY KRISTINE WILLIAMS AND THAD ANDERSON,
REGARDING DEMING SPEEDWAY ACCESS ROAD (AB2016 -367)
Buchanan reported for the Special Committee of the Whole and stated this item was
discussed in executive session.
Mann moved to uphold the Hearing Examiner's decision.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
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 (EXECUTIVE SESSION) FOR MARCH 7,
2017
2. SPECIAL COMMITTEE OF THE WHOLE (OPEN MEETING) FOR MARCH 7, 2017
3. REGULAR COUNTY COUNCIL FOR MARCH 7, 2017
4. SURFACE WATER WORK SESSION FOR MARCH 14, 2017
Regular County Council Meeting, 4/18/2017, Page 1
1 5. SPECIAL COMMITTEE OF THE WHOLE (EXECUTIVE SESSION) FOR MARCH 14,
2 2017
3
4 6. SPECIAL COMMITTEE OF THE WHOLE (OPEN MEETING) FOR MARCH 14, 2017
5
6 7. SPECIAL COMMITTEE OF THE WHOLE (EXECUTIVE SESSION) FOR MARCH 21,
7 2017
8
9 PUBLIC HEARINGS
10
11 1. ORDINANCE REPEALING AND REPLACING WHATCOM COUNTY CODE
12 CHAPTER 2.44 AND AMENDING WHATCOM COUNTY CODE CHAPTER 3.37 TO
13 INTEGRATE THE BEHAVIORAL HEALTH ADVISORY BOARD AND CHEMICAL
14 DEPENDENCY /MENTAL HEALTH PROGRAM FUND OVERSIGHT ADVISORY
15 COMMITTEE INTO A SINGLE BEHAVIORAL HEALTH ADVISORY COMMITTEE
16 (AB2017 -124)
17
18 Buchanan opened the public hearing, and the following people spoke:
19
20 Rachel Lucy, Public Health Advisory Board Chair, stated the Board recommends
21 adoption.
22
23 Hearing no one else, Buchanan closed the public hearing.
24
25 Browne moved to adopt the ordinance.
26
27 The motion was seconded.
28
29 Perry Mowry, Health Department, answered questions on the appointment of a
30 councilmember to the committee.
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 2. ORDINANCE ADOPTING INTERIM AMENDMENTS TO THE WHATCOM COUNTY
37 COMPREHENSIVE PLAN AND THE WHATCOM COUNTY CODE TITLE 15,
38 BUILDINGS AND CONSTRUCTION, TITLE 20 ZONING, TITLE 21 LAND
39 DIVISION REGULATIONS, AND TITLE 24 HEALTH CODE, RELATING TO
40 WATER RESOURCES (AB2016 -309F)
41
42 Mark Personius, Planning and Development Services Department, gave a staff report
43 on two changes enacted by this ordinance. First, the County would be required to pay for
44 third -party reviews. Second, it allows alternatives to financial guarantees that mitigation
45 will remain in place. The State legislature may approve a solution to the Hirst decision.
46 The County has also been responding to the decision. He answered questions on all the
47 things the County is doing on its own and with other jurisdictions, as described in the
48 resolution before the Council later in the meeting, and about Skagit County's case.
49
50 Karen Frakes, Prosecutor's Office, stated the County has a compliance date in May.
51 They will likely request a continuance to wait for any final solution from the legislature.
52
53 Buchanan opened the public hearing, and the following people spoke:
Regular County Council Meeting, 4/18/2017, Page 2
1
2 Peter Willing, hydrogeologist, stated the people who have drilled wells need relief.
3 Multiple hydraulic reports will be expensive and difficult. Make sure anything enacted can
4 be enforced. Don't depend on the legislature to create a solution.
5
6 Amy Glasser stated don't wait for a legislative solution. Develop mitigation plans
7 and water bank programs. Measure current actual water use.
8
9 Terry Montonye stated water gages and water witches are better than instream flow
10 and hydrologists. Also, locals and lower taxes are better than federal, state, and local
11 bureaucracies. Lots of money and detailed analysis won't mean much.
12
13 Arthur Preston submitted and read from his testimony (on file). Other water issues
14 are more important, including lead contamination. Engage in testing for lead
15 contamination, especially in schools.
16
17 Carol Reed described how she is impacted by the Hirst decision. Consider people
18 who have made plans and can't continue to build on their land, which has become
19 worthless.
20
21 Roger Almskaar, Citizens Alliance for Property Rights, stated people need more relief
22 than the ordinance provides. Expanding public water systems to rural areas will be very
23 expensive.
24
25 Patrick Alesse stated make an honest decision.
26
27 Natalie McClendon stated she supports the resolution before the Council tonight. The
28 Nooksack Rule ignores rural exempt well withdrawals. They can't give away a legal water
29 right if they don't know whether the water is available. She supports the ordinance.
30
31 George Jones stated the restrictions on building a well lower his property value, and
32 he should pay fewer taxes. Government shouldn't take the rights of the people.
33
34 Charlie Stores stated he supports resolving the problems with salmon through
35 science. He supports the ordinance.
36
37 Hearing no one else, Buchanan closed the public hearing.
38
39 Browne moved to adopt the ordinance.
40
41 The motion was seconded.
42
43 Councilmembers discussed new wells that impede existing wells, the reasons for
44 fewer salmon, the small portion of exempt wells based on the amount of water overall, the
45 Supreme Court as the source of the problem, allowing individual property owners to decide
46 if they want to risk continued building, how everyone must compromise, whether the State
47 legislature will develop a solution, the length of the interim ordinance, and improvements
48 over the previous moratorium.
49
50 The motion carried by the following vote:
51 Ayes: Sidhu, Browne, Buchanan, Weimer and Donovan (5)
52 Nays: Mann and Brenner (2)
53
Regular County Council Meeting, 4/18/2017, Page 3
1 OPEN SESSION
2
3 The following people spoke:
4 • Max Perry spoke about funding any requests, fewer taxes that will be
5 collected, and more pressing needs, including the need for a new jail.
6 • Robin Dexter spoke about historic water law, asking the State legislature for a
7 solution to problems caused by the Hirst decision, and illegal use by the
8 agricultural community.
9 • Joy Gilfilen spoke about the work of the Incarceration Prevention & Reduction
10 Task Force.
11
12 CONSENT AGENDA
13
14 Browne reported for the Finance and Administrative Services Committee and
15 moved to approve Consent Agenda items one through three.
16
17 The motion carried by the following vote:
18 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
19 Nays: None (0)
20
21 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
22 ONE YEAR RESIDENTIAL LEASE AGREEMENT BETWEEN WHATCOM COUNTY
23 AND MICHAEL ATKINS AND MARIA PALILEO FOR LEASE OF 5305 NIELSEN
24 ROAD, LOCATED WITHIN HOVANDER HOMESTEAD PARK, FOR THE MONTHLY
25 AMOUNT OF $950 (AB2017 -133)
26
27 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
28 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
29 SUMAS TO OPERATE A SENIOR ACTIVITY CENTER PROGRAM AT THE SUMAS
30 COMMUNITY CENTER (AB2017 -134)
31
32 3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE THE
33 PURCHASE OF RADIOS AND RELATED ACCESSORIES (AS NEEDED) USING
34 WASHINGTON STATE CONTRACT #06913 FROM VENDORS HARRIS FRCD,
35 JVC KENWOOD, AND MOTOROLA SOLUTIONS, IN AN AMOUNT NOT TO
36 EXCEED $100,000 (AB2017 -135)
37
38 OTHER ITEMS
39
40 1. RESOLUTION APPROVING THE BIRCH BAY COMMUNITY PARK MASTER PLAN
41 (AB2016 -185B)
42
43 Donovan reported for the Natural Resources Committee and moved to approve the
44 resolution.
45
46 Mike McFarlane, Parks and Recreation Department Director, answered questions
47 about the funding plan in the budget and incorporating a funding strategy into the plan.
48
49 Councilmembers discussed the offer of the community to raise money for
50 development and operation of the park, which isn't referenced in the master plan, and the
51 source of revenue to fund the park.
52
Regular County Council Meeting, 4/18/2017, Page 4
1 Sidhu moved to hold in Council for six months, pending more discussion with the
2 community about funding and fundraising.
3
4 The motion was seconded.
5
6 Councilmembers continued to discuss whether the resolution would be held in
7 Council or referred back to the department for more information and concerns about
8 shelving the plan indefinitely.
9
10 The motion's second was withdrawn.
11
12 Browne moved to amend page 3, the last line of the Now Therefore Be It Resolved
13 statement, "...authorized to pursue funding aiid ellmap efit to develop and implement the
14 plan..."
15
16 The motion to amend was seconded.
17
18 The motion to amend carried by the following vote:
19 Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
20 Nays: Mann (1)
21
22 Brenner moved to amend the resolution, "Be it further resolved the Whatcom
23 County Council expects the community to bring forward funding options for this plan.:"
24
25 The motion was seconded.
26
27 The motion to amend carried by the following vote:
28 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
29 Nays: None (0)
30
31 The motion to approve as amended carried by the following vote:
32 Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
33 Nays: Mann (0)
34
35 2. RESOLUTION REQUESTING THE STATE LEGISLATURE AMEND THE GROWTH
36 MANAGEMENT ACT TO CLARIFY THAT COUNTIES CAN RELY ON DEPARTMENT
37 OF ECOLOGY GUIDANCE FOR DETERMINING LEGAL WATER AVAILABILITY
38 (AB2017 -129)
39
40 Donovan reported for the Natural Resources Committee and moved to approve the
41 substitute resolution.
42
43 Mann moved to amend the title, "...clarify where that counties can rely...,"
44
45 The motion was seconded.
46
47 The motion to amend carried by the following vote:
48 Ayes: Brenner, Mann, Sidhu, Browne, and Buchanan (5)
49 Nays: Weimer and Donovan (2)
50
51 Mann moved to amend page two to add language at line 22, "WHEREAS, residential
52 water withdrawals from permit- exempt wells represent a tiny fraction of total water
53 consumption in Whatcom County; and."
Regular County Council Meeting, 4/18/2017, Page 5
1
2 The motion was seconded.
3
4 Councilmembers discussed the impact of the language on the legislature and
5 recognizing that the use is illegal.
6
7 The motion to amend carried by the following vote:
8 Ayes: Weimer, Brenner, Mann, Sidhu, Browne, and Buchanan (6)
9 Nays: Donovan (1)
10
11 Mann moved to amend the last Whereas statement, "...for property owners and
12 remove hhrou -gh-m- I igatrion the severe restrictions necessitated...."
13
14 The motion was seconded.
15
16 Councilmembers discussed the necessity of mitigation when not relying on the
17 Department of Ecology and whether mitigation alone will solve the ultimate problem.
18
19 The motion to amend failed by the following vote:
20 Ayes: Brenner, Mann and Sidhu (3)
21 Nays: Weimer, Donovan, Browne, and Buchanan (3)
22
23 Brenner moved to amend, "...and, if necessary, remove through mitigation...."
24
25 The motion was seconded.
26
27 Mann suggested a change to end the statement after "property owners."
28
29 Brenner withdrew her motion
30
31 Mann moved to amend, "WHEREAS, state legislative action is needed so that the
32 County can adopt permanent water availability regulations that restore certainty for
33 property owners and riiQVe- thc�tghi�at+ err- qtr }�ic�rs- r►' }„-ye
34 H*FSt FUI+rtg."
35
36 The motion was seconded.
37
38 The motion to amend carried by the following vote:
39 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
40 Nays: None (0)
41
42 Councilmembers discussed the length of the resolution and the memo; focusing on
43 settlement talks, not on the legislature; and the legislature's authority to make changes
44 needed. by the County.
45
46 The motion to approve as amended carried by the following vote:
47 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6)
48 Nays: Donovan (1)
49
50 3. ORDINANCE AMENDING ORDINANCE 2014 -073 (ESTABLISHMENT OF THE
51 2015 COURTHOUSE FIRE ALARM SYSTEM AND JUVENILE ROOF
52 IMPROVEMENT FUND AND A PROJECT BASED BUDGET FOR THE
53 COURTHOUSE FIRE ALARM SYSTEM AND JUVENILE ROOF IMPROVEMENTS)
Regular County Council Meeting, 4/18/2017, Page 6
1 TO ADD ADDITIONAL EXPENDITURE AUTHORITY AND CHANGE THE TITLE OF
2 THE FUND TO " "COURTHOUSE IMPROVEMENT FUND" (AB2017 -125)
3
4 Browne reported for the Finance and Administrative Services Committee and
5 moved to adopt the ordinance.
6
7 Tyler Schroeder, Executive's Office, answered questions on why they are adding
8 additional expenditure authority, the project -based budget matching funds the Council
9 approved through the budget process, the higher cost of the fire alarm system that wasn't
10 anticipated, and the cost of the Americans with Disabilities Act (ADA) lift.
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 4. ORDINANCE AMENDING THE 2017 WHATCOM COUNTY BUDGET, FOURTH
17 REQUEST, IN THE AMOUNT OF $382,327 (AB2017 -126)
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 5. ORDINANCE AMENDING ORDINANCE 2014 -083 (ESTABLISHMENT OF THE
27 CEDAR HILLS /EUCLID STORM WATER IMPROVEMENTS FUND AND A
28 PROJECT BASED BUDGET FOR THE CEDAR HILLS /EUCLID STORM WATER
29 IMPROVEMENTS) FOR THE FOURTH TIME TO ADD $36,909 OF EXPENDITURE
30 AUTHORITY, FOR A TOTAL AMENDED PROJECT BUDGET IN THE AMOUNT OF
31 $1,792,495 (AB2016 -275B)
32
33 Browne reported for the Finance and Administrative Services Committee and
34 moved to adopt the ordinance.
35
36 The motion carried by the following vote:
37 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
38 Nays: None (0)
39
40 6. ORDINANCE AMENDING ORDINANCE 2012 -050 (ESTABLISHMENT OF THE
41 BIRCH BAY DRIVE AND PEDESTRIAN FACILITY PROJECT FUND AND A
42 PROJECT BASED BUDGET FOR THE BIRCH BAY DRIVE AND PEDESTRIAN
43 FACILITY) FOR THE THIRD TIME TO ADD $900,000 OF EXPENDITURE
44 AUTHORITY, FOR A TOTAL AMENDED PROJECT BUDGET IN THE AMOUNT OF
45 $3,600,000 (AB2017 -079A)
46
47 Browne reported for the Finance and Administrative Services Committee and
48 moved to adopt the ordinance.
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, 4/18/2017, Page 7
1 7. RESOLUTION SETTING A HEARING TO SELL TAX -TITLE PROPERTY BY
2 PUBLIC AUCTION, REQ. #TR2017 -02 (AB2017 -131)
3
4 Browne reported for the Finance and Administrative Services Committee and
5 moved to 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 8. RESOLUTION SETTING A HEARING TO SELL TAX -TITLE PROPERTY BY
12 PUBLIC AUCTION, REQ. #TR2017 -03 (AB2017 -132)
13
14 Browne reported for the Finance and Administrative Services Committee and
15 moved to approve the resolution.
16
17 The motion carried by the following vote:
18 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
19 Nays: None (0)
20
21 9. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S RE- DESIGNATION
22 OF THE PORT OF BELLINGHAM AS THE COUNTY'S ADO (ASSOCIATE
23 DEVELOPMENT ORGANIZATION) TO COORDINATE COMMUNITY AND
24 ECONOMIC DEVELOPMENT SERVICES WITH THE WASHINGTON STATE
25 DEPARTMENT OF COMMERCE (AB2017 -069A)
26
27 Browne reported for the Finance and Administrative Services Committee and
28 moved to approve the request.
29
30 Councilmembers discussed ADO long -term funding and scheduling a discussion in the
31 Finance Committee.
32
33 The motion carried by the following vote:
34 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
35 Nays: None (0)
36
37 10. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
38 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND FIRE DISTRICT
39 #4 TO REIMBURSE THE DISTRICT FOR LOST REVENUE RESULTING FROM
40 PASSAGE OF THE COUNTYWIDE EMS LEVY (AB2017 -136)
41
42 Browne reported for the Finance and Administrative Services Committee and
43 moved to approve the request.
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 11. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
50 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND FIRE DISTRICT
51 #11 TO REIMBURSE THE DISTRICT FOR LOST REVENUE RESULTING FROM
52 PASSAGE OF THE COUNTYWIDE EMS LEVY (AB2017 -137)
53
Regular County Council Meeting, 4/18/2017, Page 8
1 Browne reported for the Finance and Administrative Services Committee and
2 moved to approve the request.
3
4 The motion carried by the following vote:
5 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
6 Nays: None (0)
7
8 12. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
9 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND FIRE DISTRICT
10 #16 TO REIMBURSE THE DISTRICT FOR LOST REVENUE RESULTING FROM
11 PASSAGE OF THE COUNTYWIDE EMS LEVY (AB2017 -138)
12
13 Browne reported for the Finance and Administrative Services Committee and
14 moved to approve the request.
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 13. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.92.645, TIME LIMITS,
21 RELATED TO APPEALS TO COUNTY COUNCIL (AB2017 -114)
22
23 Mann moved to adopt the ordinance.
24
25 The motion was seconded.
26
27 Karen Frakes, Prosecutor's Office, answered questions about whether there has been
28 a problem.
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
35 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
36
37 1. APPOINTMENT TO THE WILDLIFE ADVISORY COMMITTEE, APPLICANT:
38 CAANAN COWLES (AB2017 -113)
39
40 Brenner moved to appoint Caanan Cowles.
41
42 The motion was seconded.
43
44 The motion carried by the following vote:
45 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
46 Nays: None (0)
47
48 2. APPOINTMENT TO THE NOXIOUS WEED CONTROL BOARD, APPLICANT:
49 PATRICIA LENSSEN (AB2017 -128)
50
51 Brenner moved to appoint Patricia Lenssen.
52
53 The motion was seconded.
Regular County Council Meeting, 4/18/2017, Page 9
1
2
The motion carried by the following vote:
3
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
4
Nays: None (0)
5
6
INTRODUCTION ITEMS
7
8
Brenner moved to accept the Introduction Items.
9
10
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
1. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION,
REQ.
17
#TR2017 -02 (AB2017 -131A)
18
19
2. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION,
REQ.
20
#TR2017 -03 (AB2017 -132A)
21
22
3. ORDINANCE ADOPTING WHATCOM COUNTY COMPREHENSIVE
PLAN
23
AMENDMENTS RELATING TO THE CHERRY POINT URBAN GROWTH
AREA
24
(AB2017 -063A)
25
26
27
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
28
29
Councilmembers gave reports and updates on recent activities and upcoming events.
30
31
32
ADJOURN
33
34
The meeting adjourned at 9:10 p.m.
35
36
The County Council approved these minutes on May 30, 2017.
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Jill Nixon, Minutes Transcription
Regular County Council Meeting, 4/18/2017, Page 10