HomeMy WebLinkAboutCounty Council July 11 20171
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WHATCOM COUNTY COUNCIL
Regular County Council Meeting
July 11, 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
Buchanan announced there are two vacancies on the Lummi Island Ferry Advisory
Committee.
MINUTES CONSENT
Donovan moved to approve Minutes Consent items one through three.
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 MAY 16, 2017
2. REGULAR COUNTY COUNCIL FOR MAY 16, 2017
3. SURFACE WATER WORK SESSION FOR MAY 23, 2017
ANNOUNCEMENTS
Browne announced there is no campaigning on County property per Revised Code of
Washington (RCW) 42.52.180.
Regular County Council Meeting, 7/11/2017, Page 1
1 PUBLIC HEARINGS
2
3 1. PUBLIC HEARING ON A PROPOSAL TO CREATE THE LUMMI ISLAND PARK
4 AND RECREATION DISTRICT (PROPOSAL OFFICIALLY RECEIVED BY
5 COUNCIL ON JUNE 13, 2017) (AB2017 -200)
6
7 Buchanan opened the public hearing, and the following people spoke:
8
9 Steve Clift stated he would like to know about increased police support, emergency
10 services, and accommodations for off - islanders that may be necessary for the park and
11 recreation district.
12
13 Janice Holms spoke on behalf of volunteers who put together this petition. She
14 described the community outreach they've done for the community. She supports putting
15 this on the November ballot.
16
17 Hearing no one else, Buchanan closed the public hearing.
18
19 Buchanan stated no action is necessary at this time. An ordinance will be introduced
20 later in the meeting.
21
22 2. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 ZONING AND
23 THE WHATCOM COUNTY COMPREHENSIVE PLAN RELATING TO CUMULATIVE
24 IMPERVIOUS SURFACE COVERAGE STANDARDS (AB2017 -195)
25
26 Gary Davis, Planning and Development Services Department, submitted and read
27 from a presentation (on file) and gave a staff report. He answered questions on the original
28 calculations and whether this is for new development or projects.
29
30 Buchanan opened the public hearing, and hearing no one, closed the public hearing.
31
32 Councilmembers discussed the effect of the limit.
33
34 Weimer moved to refer to the Council's Planning Committee.
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36 The motion was seconded.
37
38 The motion carried by the following vote:
39 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Donovan (6)
40 Nays: Sidhu (1)
41
42
43 OPEN SESSION
44
45 The following people spoke:
46 Christopher Deile spoke about the proposed memorandum of agreement
47 (MOA) regarding commitment to incarceration reduction and prevention
48 (AB2017 -194A) and the proposed ordinance submitting to the voters a local
49 sales and use tax (AB2017 -194).
50 Lisa McShane spoke about the proposed ordinance submitting to the voters a
51 local sales and use tax (AB2017 -194).
Regular County Council Meeting, 7/11/2017, Page 2
• Michael Lilliquist spoke about the proposed ordinance submitting to the voters
a local sales and use tax (AB2017 -194), the jail financing agreement, and
determining an appropriate size for the proposed new jail.
• Everett Barton spoke about the membership of the Incarceration Prevention
and Reduction Task Force.
• Josh Ceretti spoke about a proposed new jail and the proposed ordinance
submitting to the voters a local sales and use tax (AB2017 -194).
• Robert Leed submitted handouts (on file) and spoke about the proposed
ordinance submitting to the voters a local sales and use tax (AB2017 -194).
• Unidentified speaker spoke about the proposed new jail.
• Max Perry spoke about the proposed new jail.
• Carole Perry spoke about the proposed new jail.
• Kristin Hannah spoke about the proposed new jail.
• Roger Shetke spoke about the proposed new jail.
CONSENT AGENDA
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through four.
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 APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #17 -41
AND ENTER INTO A CONTRACT WITH LOW BIDDER FOSS MARITIME
COMPANY FOR THE ANNUAL DRYDOCKING, REPAIR, AND MAINTENANCE OF
THE WHATCOM CHIEF FERRY, IN THE AMOUNT OF $446,251.64 (AB2017-
217)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SERVICE ALTERNATIVES,
INC. TO PROVIDE "PATHWAYS TO EMPLOYMENT" AND "COMMUNITY
ACCESS" SERVICES TO ELIGIBLE• INDIVIDUALS WITH DEVELOPMENTAL
DISABILITIES (AB2017 -218)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE ARC OF WHATCOM
COUNTY TO PROVIDE "INFORMATION, EDUCATION AND FAMILY SUPPORT"
TO INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES, THEIR FAMILY
MEMBERS, AND THE GENERAL PUBLIC, IN THE AMOUNT OF $134,669
(AB2017 -219)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND VAN NESS
FELDMAN, LLP TO CONTINUE TO PROVIDE ON -CALL LEGAL SERVICES
RELATING TO ACCOMMODATING THE WASHINGTON SUPREME COURT'S
DECISION IN WHATCOM COUNTY V. WESTERN WASHINGTON GROWTH
MANAGEMENT HEARING BOARD, IN THE AMOUNT OF $15,000, FOR A TOTAL
AMENDED AMOUNT OF $50,000 (AB2017 -220)
Regular County Council Meeting, 7/11/2017, Page 3
1
2
3 OTHER ITEMS
4
5 1. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, SEVENTH
6 REQUEST, IN THE AMOUNT OF $15,000 (AB2017 -199A)
7
8 Mann reported for the Finance and Administrative Services Committee and moved
9 to adopt the ordinance.
10
11 The motion carried by the following vote:
12 Ayes: Brenner, Mann, Sidhu, Browne, and Buchanan (5)
13 Nays: Weimer and Donovan (2)
14
15 2. APPROVAL OF A MEMORANDUM OF AGREEMENT BETWEEN WHATCOM
16 COUNTY AND THE CITY OF BELLINGHAM REGARDING COMMITMENT TO
17 INCARCERATION REDUCTION AND PREVENTION (AB2017 -194A)
18
19 Buchanan reported for the Special Committee of the Whole and moved to approve
20 the substitute Memorandum of Agreement.
21
22 Michael Lilliquist, Bellingham City Council Member, stated these additional monies
23 would be used to expand existing programs or create new programs.
24
25 Councilmembers discussed improving the entire justice system, enhancing and
26 creating new behavioral health programs, and all the jurisdictions collaborating on a
27 compromise.
28
29 Jack Louws, County Executive, answered questions about the amount paid for the
30 LaBounty Road property.
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 3. ORDINANCE PROVIDING FOR SUBMISSION TO THE QUALIFIED VOTERS OF
37 THE COUNTY A PROPOSITION AUTHORIZING A LOCAL SALES AND USE TAX
38 OF TWO TENTHS OF ONE PERCENT FOR PUBLIC SAFETY PURPOSES,
39 INCLUDING THE COSTS ASSOCIATED WITH FINANCING, CONSTRUCTION,
40 MAINTENANCE, AND OPERATION OF JAIL FACILITIES, AND
41 INCARCERATION PREVENTION PROGRAMS, INCLUDING MEDICAL AND
42 BEHAVIORAL HEALTH FACILITIES AND PROGRAMS, ALL PURSUANT TO RCW
43 82.14.450 (AB2017 -194)
44
45 Browne moved to adopt the ordinance.
46
47 The motion was seconded.
48
49 Jack Louws, County Executive, answered questions on the difference in cost of the
50 proposed new Whatcom County jail and the new Skagit County jail.
51
52 Councilmembers discussed ensuring a cost - effective project, an appropriate number
53 of dedicated behavioral health and medical jail beds, whether the jail facilities use
Regular County Council Meeting, 7/11/2017, Page 4
agreement among the jurisdictions would have to be amended if they change the jail size,
the difference between budgeted costs and actual costs, national policies and trends,
whether the question should be given to the voters to decide, saving money through the
design and construction phases, problems with the current jail, incorporating programs for
therapy animals and gardening at the jail location, reducing the number of pretrial inmates,
the City Council vote on this issue, extra expenses if they delay building a new jail, and a
different model that puts jail operation and administration under a department of
corrections.
The motion carried by the following vote:
Ayes: Brenner, Sidhu, Browne, and Weimer (4)
Nays: Donovan, Mann, and Buchanan (3)
COUNCIL APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
1. APPOINTMENT TO FILL VACANCY ON THE WHATCOM COUNTY PLANNING
COMMISSION REPRESENTING DISTRICT 3, FOR A PARTIAL TERM ENDING
1/31/2019, APPLICANTS: JOHN CAMPBELL, LARRY HELM, KELLY KRIEGER,
AND WILLIAM DOMINIC MOCERI (AB2017 -204)
Donovan moved to consider the late application of George Bock.
(Clerk's Note: The motion was not seconded.)
Councilmembers Browne and Mann stated they will vote against the motion because
the Council rules require an application to be submitted a week before the meeting to
enable the councilmembers to do research and make inquiries and to talk to the applicant if
they wish.
The motion carried by the following vote:
Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5)
Nays: Browne and Mann (2)
Browne nominated all applicants. The nomination was seconded.
Browne stated he encourages Mr. Bock to apply again and submit his application
before the deadline.
Councilmembers Browne, Mann, Sidhu, Donovan, and Buchanan voted for William
Dominic Moceri.
Councilmember Weimer voted for Kelly Krieger.
Councilmember Brenner voted for Larry Helm.
The Council appointed William Dominic Moceri.
Regular County Council Meeting, 7/11/2017, Page 5
I EXECUTIVE APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
2
3 1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S RE- APPOINTMENT
4 OF BAOZHEN LUO TO THE NORTHWEST SENIOR SERVICES BOARD (AB2017-
5 221)
6
7 Donovan moved to confirm the appointments.
8
9 The motion was seconded.
10
11 The motion carried by the following vote:
12 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
13 Nays: None (0)
14
15
16 INTRODUCTION ITEMS
17
18 Browne moved to accept the Introduction Items, including a substitute for
19 Introduction Item 5.
20
21 The motion was seconded.
22
23 The motion carried by the following vote:
24 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
25 Nays: None (0)
26
27 1. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, EIGHTH
28 REQUEST, IN THE AMOUNT OF $851,061 (AB2017 -222)
29
30 2. RESOLUTION AMENDING THE 2017 FLOOD CONTROL ZONE DISTRICT AND
31 SUBZONES BUDGETS, THIRD REQUEST, IN THE AMOUNT OF $15,000
32 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE
33 DISTRICT BOARD OF SUPERVISORS) (AB2017 -199B)
34
35 3. ORDINANCE ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE
36 20 ZONING, RELATING TO THE WAIVER OF SPACING REQUIREMENTS
37 BETWEEN MARIJUANA PRODUCTION FACILITIES AND COMMUNITY
38 CENTERS IN THE RURAL, AGRICULTURE, AND RURAL FORESTRY DISTRICTS,
39 AND AMENDING THE DEFINITION OF COMMUNITY CENTER (AB2017 -223)
40
41 4. ORDINANCE REGARDING ESTABLISHMENT OF SPEED LIMIT ON A PORTION
42 OF THE NORTH SHORE ROAD (AB2017 -196A)
43
44 S. ORDINANCE ORDERING AN ELECTION TO DETERMINE THE FORMATION OF
45 THE LUMMI ISLAND PARK AND RECREATION DISTRICT (AB2017 -200A)
46
47
48 COMMITTEE REPORTS, OTHER ITEMS AND COUNCILMEMBER UPDATES
49
50 Buchanan reported for the two Special Committee of the Whole meetings.
51
52 Mann reported for the Finance and Administrative Services Committee.
53
Regular County Council Meeting, 7/11/2017, Page 6
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Weimer reported as a member of the Northwest Clean Air Agency on getting an
updated report from the agency.
Tyler Schroeder, Executive's Office, answered questions on potential State legislature
action to resolve water resources issues from the Hirst Decision and expiration of the
interim ordinance. He will provide the Council an update at its meeting in August.
Karen Frakes, Prosecutor's Office, answered questions on the compliance date.
Councilmembers gave updates on recent activities and upcoming events.
ADJOURN
The meeting adjourned at 9:12 p.m.
The C,Wnty i'OoAup it approved these minutes on September 26, 2017.
ATTE� T:•, »�» � C?,�P•�• WHATCOM COUNTY COUNCIL
C0: � GU�y�� "� WHATCOM COUNTY, WASHINGTON
Dana Bf wn- Davis, C ;7nc ierk B Council Chair
, 1
Jill Nixon, Minutes Transcription
Regular County Council Meeting, 7/11/2017, Page 7