HomeMy WebLinkAboutCounty Council June 27 20171 WHATCOM COUNTY COUNCIL
2 Regular County Council Meeting
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4 June 27, 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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26 MINUTES CONSENT
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28 Brenner moved to approve Minutes Consent items one and two.
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30 The motion was seconded.
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32 The motion carried by the following vote:
33 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
34 Nays: None (0)
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36 1. SPECIAL COMMITTEE OF THE WHOLE FOR MAY 30, 2017
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38 2. REGULAR COUNTY COUNCIL FOR MAY 30, 2017
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41 PUBLIC HEARINGS
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43 1. ORDINANCE ESTABLISHING THE SPEED LIMIT ON A PORTION OF NORTH
44 SHORE ROAD (AB2017 -196)
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46 Joe Rutan, Public Works Department, gave a staff report on the ordinance and
47 answered councilmember questions about other options and locations.
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49 Buchanan opened the public hearing, and the following people spoke:
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51 John Campbell stated road signs are necessary for people who are unfamiliar with
52 the road. He supports speed reduction to 35 miles per hour and considering other
53 improvements in the future.
Regular County Council Meeting, 6/27/2017, Page 1
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2 Hearing no one else, Buchanan closed the public hearing.
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4 Browne moved to adopt the ordinance.
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6 The motion was seconded.
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8 Councilmembers spoke about whether changing speed limits will change behavior,
9 having several different speed limits on one road, and an error in the ordinance that
10 indicates the change is to 30 miles per hour, not 35 miles per hour.
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12 Rutan stated the staff proposes the speed limit be changed to 35 miles per hour. He
13 will resubmit a corrected ordinance to the Council.
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15 Karen Frakes, Prosecuting Attorney's Office, stated that although speed limit in the
16 ordinance is a typo, the public notice advertised the ordinance changing the speed limit to
17 30 miles per hour, not 35 miles per hour.
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19 Browne withdrew his motion to adopt.
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22 OPEN SESSION
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24 The following people spoke:
25 Leslie Honcoop spoke about the critical areas review and agriculture.
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27 Councilmembers discussed farm plans that address parts of the critical areas
28 ordinance.
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30 Ladd Shumway spoke about whether the 4H and Future Farmers of America
31 (FFA) kids could be exempt from the farm plan requirement and allowing
32 small farmers with training to do their own farm plan.
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34 Councilmembers discussed farm plan requirements.
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36 • Robert Wilson spoke about the impact of the Hirst decision on his property.
37 • Lindsey Eldred spoke about a possible critical areas ordinance requirement of
38 the 4H and FFA kids to have a farm plan.
39 0 Larry Helm, Conservation District Chair, whether the 4H and Future Farmers
40 of America (FFA) kids could be exempt from the farm plan requirement and
41 needing more staff to complete all the pending farm plans.
42 • Theresa Sygitowicz, Whatcom County Cattlemen's Association Board Member,
43 submitted and read from a handout (on file) regarding agriculture and the
44 critical areas ordinance.
45 • Amy Glasser spoke about a proposed new sales tax to pay for a new jail.
46 • Joy Gilfilen spoke about a proposed new sales tax to pay for a new jail and
47 the excessive cost of incarceration.
48 • Amy Malone spoke about a proposed new sales tax to pay for a new jail and
49 the possibility of the County seat moving to Ferndale.
50 • Patrick Alesse spoke about farmers and farm plan requirements.
51 • Mary Kay Robinson spoke about the proposed new jail.
52 • Max Perry spoke about the proposed new jail.
53 • Kristen Hanna spoke about the proposed new jail.
Regular County Council Meeting, 6/27/2017, Page 2
• Carole Perry spoke about the critical areas ordinance
CONSENT AGENDA
Browne reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through six.
Browne withdrew item six.
Brenner withdrew item five.
The motion to approve Consent Agenda items one through four 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 WORK OPPORTUNITIES TO
PROVIDE "PATHWAYS TO EMPLOYMENT" AND 'COMMUNITY ACCESS"
SERVICES TO ELIGIBLE INDIVIDUALS WITH DEVELOPMENTAL
DISABILITIES (AB2017 -206)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND KULSHAN SUPPORTED
EMPLOYMENT TO PROVIDE "PATHWAYS TO EMPLOYMENT" AND
"COMMUNITY ACCESS" SERVICES TO ELIGIBLE INDIVIDUALS WITH
DEVELOPMENTAL DISABILITIES (AB2017 -207)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND CASCADE CONNECTIONS TO
PROVIDE "PATHWAYS TO EMPLOYMENT" AND "COMMUNITY ACCESS"
SERVICES TO ELIGIBLE INDIVIDUALS WITH DEVELOPMENTAL
DISABILITIES (AB2017 -208)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL
TO FUND ONE FULL -TIME PROFESSIONAL ON THE OPPORTUNITY COUNCIL'S
HOMELESS OUTREACH TEAM TO CONTACT AND ACT AS CARE COORDINATOR
FOR INDIVIDUALS WHO ARE READY TO ENGAGE IN TREATMENT AND
PROVIDE SUPPORT SERVICES TO PEOPLE WITH OPIATE AND SUBSTANCE
USE DISORDERS WHO REQUIRE A LENGTHIER ENGAGEMENT PROCESS, IN
THE AMOUNT OF $51,000 (AB2017 -209)
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND WHATCOM
CONSERVATION DISTRICT FOR THE LAKE WHATCOM HOMEOWNER
INCENTIVE PROGRAM TO MODIFY THE SCOPE OF WORK AND EXTEND THE
TERM OF THE AGREEMENT, IN THE AMOUNT OF $221,794, FOR A TOTAL
AMENDED CONTRACT AMOUNT OF $271,794 (AB2017 -210)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the request.
Regular County Council Meeting, 6/27/2017, Page 3
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2 Councilmembers discussed whether it's appropriate to fund the program from the
3 flood tax.
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5 The motion carried by the following vote:
6 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
7 Nays: Brenner (1)
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9 6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
10 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
11 BELLINGHAM TO COORDINATE THE DESIGN AND COST SHARING OF THE
12 WEST HORTON ROAD EXTENSION, IN THE AMOUNT OF $156,070 (AB2017-
13 211)
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15 Browne reported for the Finance and Administrative Services Committee and
16 moved to approve the request.
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18 The motion carried by the following vote:
19 Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6)
20 Nays: None (0)
21 Abstains: Browne (1)
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24 OTHER ITEMS
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26 1. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, SIXTH REQUEST,
27 IN THE AMOUNT OF $572,516 (AB2017 -197)
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29 Browne reported for the Finance and Administrative Services Committee and
30 moved to adopt the ordinance.
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32 The motion carried by the following vote:
33 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
34 Nays: None (0)
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36 2. ORDINANCE CLOSING THE 2015 CENTRAL PLAZA IMPROVEMENT FUND 360
37 (AB2017 -198)
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39 Browne reported for the Finance and Administrative Services Committee and
40 moved to adopt the ordinance.
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42 The motion carried by the following vote:
43 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
44 Nays: None (0)
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46 3. RESOLUTION AMENDING THE 2017 FLOOD CONTROL ZONE DISTRICT AND
47 SUBZONES BUDGET, THIRD REQUEST, IN THE AMOUNT OF $15,000
48 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE
49 DISTRICT BOARD OF SUPERVISORS) (AB2017 -199)
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51 Browne reported for the Finance and Administrative Services Committee and
52 moved to approve the resolution.
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Regular County Council Meeting, 6/27/2017, Page 4
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fund.
Councilmembers discussed whether it's appropriate to pay this cost from the flood
The motion failed by the following vote:
Ayes: Mann and Sidhu (2)
Nays: Brenner, Donovan, Browne, Buchanan, and Weimer (5)
Jack Louws, County Executive, suggested that the Council reintroduce with payment
from the general fund instead of the flood fund.
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT
AND WHATCOM CONSERVATION DISTRICT TO SUPPORT THE POLLUTION
IDENTIFICATION AND CORRECTION PROGRAM, IN THE AMOUNT OF
$353,366 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BOARD OF SUPERVISORS) (AB2017 -205)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
EXECUTIVE APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S RE- APPOINTMENTS
OF JANA FINKBONNER AND JODI SIPES TO THE NORTHWEST SENIOR
SERVICES BOARD (AB2017 -212)
Brenner moved to confirm the appointments.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
2. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
SHARI ROBINSON TO THE WHATCOM COUNTY PUBLIC HEALTH ADVISORY
BOARD (AB2017 -213)
Brenner moved to confirm the appointment.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Regular County Council Meeting, 6/27/2017, Page 5
3. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
RAMONA ABBOTT TO THE WHATCOM COUNTY ETHICS COMMISSION
(AB2017 -214)
Donovan moved to confirm the appointment.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
INTRODUCTION ITEMS
Browne withdrew item three.
Mann moved to add the request authorization for the County Executive to
enter into a contract between Whatcom County Flood Control Zone District and
Whatcom Conservation District to support the Pollution Identification and
Correction Program, in the amount of $353,366 (Council acting as the Whatcom
County Flood Control Zone District Board of Supervisors) (AB2017 -205), but funded
from the general fund, as item five on the list of Introduction Items.
The motion to add was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Sidhu moved to accept Introduction Items one, two, four, and five.
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. RESOLUTION VACATING A PORTION OF CHETS ROAD (AB2017 -215)
2. ORDINANCE GRANTING MOBILITIE, LLC, A NON - EXCLUSIVE FRANCHISE
FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES (AB2017 -216)
3. ORDINANCE PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS
OF THE COUNTY A PROPOSITION AUTHORIZING A LOCAL SALES AND USE
TAX OF TWO- TENTHS OF ONE PERCENT FOR THE PURPOSE OF PROVIDING
FUNDS FOR COSTS ASSOCIATED WITH FINANCING, CONSTRUCTION,
MAINTENANCE AND OPERATION OF JAIL FACILITIES, AND FOR ADULT
CORRECTIONS PROGRAMS, INCLUDING MEDICAL AND BEHAVIORAL HEALTH
FACILITIES AND PROGRAMS, AND FOR OTHER PUBLIC SAFETY PURPOSES,
ALL PURSUANT TO RCW 82.14.450 (AB2017 -194)
Browne moved to introduce a substitute version.
Regular County Council Meeting, 6/27/2017, Page 6
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2 Sidhu suggested a friendly amendment to amend line 37 on page 2, "...years,
3 and ise=t d t shall last until repayment...."
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5 Browne accepted the friendly amendment.
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7 Sidhu suggested a friendly amendment to add "...associated with financing,
8 construction, maintenance,...." to the ballot title.
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10 Jack Louws, County Executive, stated he will have the Prosecuting Attorney consider
11 whether they need to add the cost of financing to the ballot title.
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13 Browne accepted the friendly amendment.
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15 The motion as amended was seconded.
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17 Councilmembers discussed whether or not they support the ordinance, reasons the
18 request didn't pass the voters a few years ago, the progress the County has made on the
19 proposal since the previous ballot measure, the benefits of a sales tax over property tax,
20 whether the Council should decide on behalf of the voters, whether or not they can fix the
21 existing jail, the ability to expand services with a new jail facility, unfunded mandates, and
22 whether the LaBounty Road location is or isn't convenient.
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24 The motion to introduce the amended substitute carried by the following vote:
25 Ayes: Brenner, Sidhu, Browne, and Weimer (4)
26 Nays: Donovan, Buchanan, and Mann (3)
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28 4. RECEIPT OF APPLICATIONS FOR THE WHATCOM COUNTY PLANNING
29 COMMISSION, PARTIAL TERM ENDING 1/31/2019, REPRESENTING
30 DISTRICT 3, APPLICANTS: JOHN CAMPBELL AND KELLY KRIEGER (THE
31 PLANNING COMMISSION ASSISTS THE PLANNING AND DEVELOPMENT
32 SERVICES DEPARTMENT IN CARRYING OUT ITS DUTIES, WHICH INCLUDE
33 HELPING TO PREPARE AND EXECUTE THE COMPREHENSIVE PLAN AND MAKE
34 RECOMMENDATIONS FOR ADOPTION OF OFFICIAL CONTROLS AND /OR
35 AMENDMENTS) (APPLICATION DEADLINE FOR ANY OTHER APPLICANTS TO
36 THIS VACANCY IS 10 A.M. ON JUNE 30, 2017) (AB2017 -204)
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38 5. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET IN THE AMOUNT
39 OF $15,000 (AB2017 -199A)
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42 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
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44 Buchanan reported for the Special Committee of the Whole meetings.
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46 Buchanan reported for the Committee of the Whole meeting on the discussion with
47 Chief Civil Deputy Prosecutor Daniel Gibson regarding two cases involving
48 potential exercise of eminent domain (AB2017 -018) in executive session.
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50 Browne moved to request the that the Prosecutor's Office provide the Council with
51 an update in executive session on pending and potential jail - related litigation.
52
Regular County Council Meeting, 6/27/2017, Page 7
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Karen Frakes, Prosecuting Attorney's Office, answered questions on whether a
motion and vote is necessary to make the request of the Prosecutor.
The motion was seconded.
The motion carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Abstains: Brenner (1)
Councilmembers discussed potential upcoming agenda items regarding immigration
enforcement and informing staff of critical areas ordinance requirements of 4H and FFA kids.
Councilmembers also gave updates on recent activities and upcoming events.
ADJOURN
The meeting adjourned at 9:05 p.m.
ouncil approved these
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Jill Nixon, Minutes Transcription
minutes on September 26, 2017.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
*Bay chanan, Council Chair
Regular County Council Meeting, 6/27/2017, Page 8