HomeMy WebLinkAboutCounty Council September 12 20171
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WHATCOM COUNTY COUNCIL
Regular County Council Meeting
September 12, 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, Todd Donovan, Rud Browne
and Barry Buchanan
Absent: Carl Weimer
FLAG SALUTE
ANNOUNCEMENTS
PUBLIC HEARINGS
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 8.13, SOLID WASTE
DISPOSAL DISTRICT, REGARDING THE SOLID WASTE EXCISE PRIVILEGE
TAX (AB2017 -244)
Jeff Hegedus, Health Department, gave a staff report and answered questions.
Buchanan opened the public hearing, and the following person spoke:
Brooks Anderson spoke about reducing the amount of waste produced overall.
Hearing no one else, Buchanan closed the public hearing.
Mann moved to adopt the ordinance.
The motion was seconded.
Councilmembers spoke about the importance of these programs, existing waste
reduction programs, and the definition of moderate risk waste.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
Nays: None (0)
Absent: Weimer (1)
Regular County Council Meeting, 9/12/2017, Page 1
1 2. ORDINANCE REPEALING WHATCOM COUNTY CODE 8.14, GARBAGE PASS -
2 THROUGH FEE, IN ITS ENTIRETY (AB2017 -245)
3
4 Jeff Hegedus, Health Department, gave a staff report.
5
6 Buchanan opened the public hearing, and hearing no one, closed the public hearing.
7
8 Donovan moved to adopt the ordinance.
9
10 The motion was seconded.
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12 The motion carried by the following vote:
13 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
14 Nays: None (0)
15 Absent: Weimer (1)
16
17 3. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 ZONING AND
18 THE WHATCOM COUNTY COMPREHENSIVE PLAN RELATING TO CUMULATIVE
19 IMPERVIOUS SURFACE COVERAGE STANDARDS (AB2017 -195)
20
21 Gary Davis, Planning and Development Services Department, gave a staff report.
22
23 Buchanan opened the public hearing, and the following people spoke:
24
25 Loren VanderYacht stated he worked with staff and the Planning Commission through
26 this process, who listened and responded to his feedback. He supports the proposed
27 ordinance.
28
29 Brad Rader stated he supports the process and the proposed ordinance.
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31 Hearing no one else, Buchanan closed the public hearing.
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33 Browne moved to adopt the ordinance.
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35 The motion was seconded.
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37 Brenner moved to amend to adopt the Planning Commission recommendation.
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39 Councilmembers discussed which version of the proposed ordinance is less
40 restrictive.
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42 Brenner withdrew her motion,.
43
44 Councilmembers thanked staff and the citizens who worked on the ordinance and
45 discussed the ten percent threshold.
46 The motion to adopt carried by the following vote:
47 Ayes: Brenner, Mann, Sidhu, Browne, and Buchanan (5)
48 Nays: Donovan (1)
49 Absent: Weimer (1)
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Regular County Council Meeting, 9/12/2017, Page 2
1 OPEN SESSION
2
3 The following people spoke:
4 • John Westerfield spoke about the impact on his property from a moratorium
5 on wells.
6 • Eddy Ury, ReSources for Sustainable Communities, submitted a handout (on
7 file) and spoke about extending the interim moratorium on new and expanded
8 facilities at Cherry Point.
9 0 Pam Brady, BP Cherry Point Refinery, spoke about extending the interim
10 moratorium on new and expanded facilities at Cherry Point.
11 • Brooks Anderson spoke about extending the interim moratorium on new and
12 expanded facilities at Cherry Point and water rights.
13 ■ Patrick Alesse spoke about water rights and providing services to five -acre
14 lots.
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16
17 CONSENT AGENDA
18
19 Browne reported for the Finance and Administrative Services Committee and
20 moved to approve Consent Agenda items one through six.
21
22 The motion carried by the following vote:
23 Ayes: Brenner, Mann, Sidhu, Browne, and Buchanan (5)
24 Nays: None (0)
25 Absent: Donovan (out of the room) and Weimer (1)
26
27 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
28 CONTRACT BETWEEN WHATCOM COUNTY AND BELLINGHAM WHATCOM
29 COUNTY TOURISM IN SUPPORT OF THE PROPOSED WAYFINDING PROJECT
30 AS RECOMMENDED BY THE LODGING TAX ADVISORY COMMITTEE, IN THE
31 AMOUNT OF $50,000 (AB2017 -253)
32
33 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
34 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND YAKIMA
35 COUNTY TO PROVIDE HOUSING, CARE, AND CUSTODY TO WHATCOM
36 COUNTY FOR OFFENDER HOUSING WHEN SPACE AT THE DOWNTOWN JAIL
37 IS RESTRICTED DUE TO SIGNIFICANT INFRASTRUCTURE RENOVATION,
38 MAINTENANCE OR REPAIRS THAT NECESSITATE CLOSING HOUSING UNITS,
39 SUSTAINED HIGH OFFENDER POPULATION, AND /OR EMERGENCIES THAT
40 RESULT IN THE NEED FOR OFFENDER HOUSING OFF -SITE (AB2017 -254)
41
42 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
43 FIVE -YEAR LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND JOHN
44 VON KRUSENSTIERN FOR WAREHOUSE SPACE TO STORE COUNTYWIDE
45 RECORDS, IN THE ANNUAL AMOUNT OF $24,338.04 (AB2017 -255)
46
47 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
48 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND NORTH, SOUND
49 BEHAVIORAL HEALTH ORGANIZATION TO PROVIDE FUNDING FOR HOUSING
50 CASE MANAGEMENT AND SHELTER OPERATIONS SERVICES TO HOMELESS
51 INDIVIDUALS LIVING WITH MENTAL ILLNESS, IN THE AMOUNT OF $50,000,
52 FOR A TOTAL AMENDED CONTRACT AMOUNT OF $208,854 (AB2017 -256)
53
Regular County Council Meeting, 9/12/2017, Page 3
1 5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
2 CONTRACT BETWEEN WHATCOM COUNTY AND NORTH SOUND BEHAVIORAL
3 HEALTH ORGANIZATION TO PROVIDE FUNDING FOR ACCESS TO TREATMENT
4 AND RECOVERY FOR OPIOID AND INTRAVENOUS DRUG USE DEPENDENCY,
5 IN THE AMOUNT OF $111,727 (AB2017 -257)
6
7 6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
8 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND WASHINGTON
9 STATE COUNTY ROAD ADMINISTRATION BOARD IN ORDER TO RECEIVE
10 ADDITIONAL RURAL ARTERIAL PROGRAM (RAP) GRANT FUNDING FOR THE
11 EAST SMITH ROAD PAVEMENT REHABILITATION PROJECT, IN THE AMOUNT
12 OF $294,300, FOR A TOTAL CONTRACT AMENDED AMOUNT OF $843,730
13 (AB2017 -259)
14
15 OTHER ITEMS
16
17 1. ORDINANCE ESTABLISHING THE TRIAGE CENTER EXPANSION FUND AND
18 ESTABLISHING A PROJECT BASED BUDGET FOR THE TRIAGE CENTER
19 EXPANSION PROJECT (AB2017 -246)
20
21 Browne reported for the Finance and Administrative Services Committee and
22 moved to adopt the ordinance.
23
24 The motion carried by the following vote:
25 Ayes: Brenner, Mann, Sidhu, Browne, and Buchanan (5)
26 Nays: None (0)
27 Absent: Donovan (out of the room) and Weimer (2)
28
29 2. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, TENTH REQUEST,
30 IN THE AMOUNT OF $197,253 (AB2017 -247)
31
32 Browne reported for the Finance and Administrative Services Committee and
33 moved to adopt the substitute ordinance.
34
35 The motion carried by the following vote:
36 Ayes: Brenner, Mann, Sidhu, Browne, and Buchanan (5)
37 Nays: None (0)
38 Absent: Donovan (out of the room) and Weimer (2)
39
40 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
41 CONTRACT BETWEEN WHATCOM COUNTY AND CRAMER FISH SCIENCES TO
42 CONDUCT A LOWER MAINSTEM NOOKSACK RIVER SALMON HABITAT
43 ASSESSMENT, IN THE AMOUNT OF $225,238 (COUNCIL ACTING AS THE
44 WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF
45 SUPERVISORS) (AB2017 -258)
46
47 Browne reported for the Finance and Administrative Services Committee and
48 moved to approve the request.
49
50 The motion carried by the following vote:
51 Ayes: Brenner, Mann, Sidhu, Browne, and Buchanan (5)
52 Nays: None (0)
53 Absent: Donovan (out of the room) and Weimer (2)
Regular County Council Meeting, 9/12/2017, Page 4
1
2 4. ORDINANCE ESTABLISHING THE SPEED LIMIT ON A PORTION OF NORTH
3 SHORE ROAD (FROM 8/8) (AB2017 -196A)
4
5 Brenner reported for the Public Works, Health, and Safety Committee and stated this
6 item is held in committee.
7
8 S. RESOLUTION AUTHORIZING PREPARATION OF A REASSESSMENT ROLL FOR
9 PROPERTY WITHIN THE BOUNDARIES OF WHATCOM COUNTY ROAD
10 IMPROVEMENT DISTRICT NO. 7 (EMERALD LAKE LIGHTING DISTRICT)
11 (AB2017 -262)
12
13 Brenner reported for the Public Works, Health, and Safety Committee and moved to
14 approve the resolution.
15
16 The motion carried by the following vote:
17 Ayes: Brenner, Mann, Sidhu, Browne, and Buchanan (5)
18 Nays: None (0)
19 Absent: Donovan (out of the room) and Weimer (2)
20
21 6. RESOLUTION AUTHORIZING PREPARATION OF A REASSESSMENT ROLL FOR
22 PROPERTY WITHIN THE BOUNDARIES OF WHATCOM COUNTY ROAD
23 IMPROVEMENT DISTRICT NO. 1 (BIRCH BAY LIGHTING DISTRICT) (AB2017-
24 263)
25
26 Brenner reported for the Public Works, Health, and Safety Committee and moved to
27 approve the resolution.
28
29 The motion carried by the following vote:
30 Ayes: Brenner, Mann, Sidhu, Browne, and Buchanan (5)
31 Nays: None (0)
32 Absent: Donovan (out of the room) and Weimer (2)
33
34 7. NOMINATION AND APPOINTMENT OF ONE COUNTY COUNCIL MEMBER TO
35 SERVE ON THE WHATCOM TRANSPORTATION AUTHORITY BOARD OF
36 DIRECTORS COMPOSITION REVIEW COMMITTEE (PER RCW 36.57A.055)
37 (AB2017 -276)
38
39 Donovan moved to nominate and appoint Councilmember Sidhu.
40
41 The motion was seconded.
42
43 The motion carried by the following vote:
44 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
45 Nays: None (0)
46 Absent: Weimer (1)
47
48
49 EXECUTIVE APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
50
51 1. REQUEST FOR COUNCIL TO APPOINT A COUNTY ELECTED OFFICIAL TO
52 SERVE WITH THE COUNTY EXECUTIVE AS WHATCOM COUNTY
53 REPRESENTATIVES ON THE FINANCE AND OPERATIONS ADVISORY BOARD
Regular County Council Meeting, 9/12/2017, Page 5
1 ESTABLISHED BY THE JAIL FACILITY FINANCE AND USE AGREEMENT
2 (AB2017 -264)
3
4 Brenner moved to nominate and appoint Councilmember Donovan.
5
6 The motion was seconded.
7
8 The motion carried by the following vote:
9 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
10 Nays: None (0)
11 Absent: Weimer (1)
12
13 2. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
14 RYAN MCLAUGLIN AND KRISTIN MURRAY TO THE WHATCOM COUNTY
15 MARINE RESOURCE COMMITTEE (AB2017 -265)
16
17 Brenner moved to confirm the appointment.
18
19 The motion was seconded.
20
21 The motion carried by the following vote:
22 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
23 Nays: None (0)
24 Absent: Weimer (1)
25
26 3. REQUEST CONFIRMATION OF COUNTY EXECUTIVE APPOINTMENT OF CHAD
27 PERRIN TO FILL THE DISTRICT 4 POSITION ON THE PARKS AND
28 RECREATION COMMISSION (AB2017 -266)
29
30 Brenner moved to confirm the appointment.
31
32 The motion was seconded.
33
34 The motion carried by the following vote:
35 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
36 Nays: None (0)
37 Absent: Weimer (1)
38
39 4. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
40 MEGANNE OFFREDI TO THE WHATCOM COUNTY LODGING TAX ADVISORY
41 COMMITTEE (AB2017 -275)
42
43 Brenner moved to confirm the appointment of Molly Pike and Meganne Off redi.
44
45 The motion was seconded.
46
47 The motion carried by the following vote:
48 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
49 Nays: None (0)
50 Absent: Weimer (1)
51
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Regular County Council Meeting, 9/12/2017, Page 6
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INTRODUCTION ITEMS
Mann moved to accept the Introduction Items.
The motion was seconded.
Donovan withdrew item ten.
The motion to Introduce items one through nine carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
Nays: None (0)
Absent: Weimer (1)
1. RECEIPT OF APPLICATIONS) FOR THE LUMMI ISLAND FERRY ADVISORY
COMMITTEE, APPLICANT: BETH WALUKAS LOUIS (COMMITTEE PROVIDES
REVIEW AND RECOMMENDATIONS TO THE COUNTY COUNCIL AND
EXECUTIVE ON ISSUES THAT AFFECT THE ONGOING OPERATIONS AND
INFRASTRUCTURE OF THE FERRY SERVICE) (APPLICATION DEADLINE FOR
ANY OTHER APPLICANTS TO THIS VACANCY IS 10 A.M. SEPTEMBER 19,
2017) (AB2017 -252)
2.
3.
4.
5.
7.
B.
9.
ORDINANCE AMENDING ORDINANCE 2016 -049 (AMENDMENT NO. 1) TO
MODIFY THE 2017 WHATCOM COUNTY UNIFIED FEE SCHEDULE (AB2017-
267)
ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, ELEVENTH
REQUEST, IN THE AMOUNT OF $34,028 (AB2017 -268)
RESOLUTION IN THE MATTER OF THE WHATCOM COUNTY SIX -YEAR
TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2018
THROUGH 2023 (AB2017 -261)
ORDINANCE CLOSING THE SOUTH PASS ROAD /SAAR CREEK BRIDGE NO.
212 PROJECT FUND 370 (AB2017 -269)
ORDINANCE CLOSING THE SLATER INTERSECTIONS, IMHOFF AND
FERNDALE ROADS PROJECT FUND 349 (AB2017 -270)
ORDINANCE CLOSING THE BIRCH BAY - LYNDEN ROAD /PORTAL WAY
SIGNALIZATION IMPROVEMENTS PROJECT FUND 341 (AB2017 -271)
ORDINANCE CLOSING THE DAKOTA CREEK BRIDGE NO. 500 PROJECT FUND
350 (AB2017 -272)
ORDINANCE CLOSING THE HANNEGAN ROAD /NOOKSACK RIVER BRIDGE
NO. 252 PROJECT FUND 353(AB2017 -273)
10. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE
AND PROCESSING OF APPLICATIONS AND PERMITS FOR NEW OR
EXPANDED FACILITIES IN THE CHERRY POINT URBAN GROWTH AREA, THE
PRIMARY PURPOSE OF WHICH WOULD BE THE SHIPMENT OF UNREFINED
FOSSIL FUELS NOT TO BE PROCESSED AT CHERRY POINT (AB2016 -256C)
Regular County Council Meeting, 9/12/2017, Page 7
1 Brenner moved to remove this item from Introduction.
2
3 The motion was seconded.
4
5 Councilmembers discussed working with the industries at Cherry Point and a
6 proposal from the Island Gas Connector project to have a pipeline from Sumas to Birch
7 Bay /Custer, which may not be covered by this moratorium.
8
9 Karen Frakes, Prosecutor's Office, answered legal questions.
10
11 The motion to failed by the following vote:
12 Ayes: Brenner (1)
13 Nays: Mann, Sidhu, Browne, Buchanan, and Donovan (5)
14 Absent: Weimer (1)
15
16 Donovan submitted a handout (on file) and moved to amend a Whereas statement,
17 "...not to be processed or consumed by Cherry Point /Birch Bay /Custer...."
18
19 The motion was seconded.
20
21 Councilmembers discussed whether they should extend the area that this
22 moratorium covers; the bounds of the existing moratorium; developing a second ordinance
23 to respond to the proposed IGC Project pipeline; defining value -added products; the best
24 process for amending the ordinance, and; the original concerns and criteria leading toward
25 the interim moratorium
26
27 Donovan withdrew his motion to amend.
28
29 Browne moved to Introduce the ordinance as presented.
30
31 The motion was seconded.
32
33 The motion carried by the following vote:
34 Ayes: Mann, Sidhu, Browne, Buchanan, and Donovan (5)
35 Nays: Brenner (1)
36 Absent: Weimer (1)
37
38
39 COMMITTEE REPORTS OTHER ITEMS AND COUNCILMEMBER UPDATES
40
41 Donovan reported for the Natural Resources Committee.
42
43 Browne reported for the Finance and Administrative Services Committee.
44
45 Buchanan reported for the Committee of the Whole on the discussion with Public
46 Works staff regarding a potential property acquisition for the Whatcom County
47 Flood Control Zone District (AB2017 -018) in executive session.
48
49 Mann moved to authorize the County Executive, acting on behalf of the Whatcom
50 County Flood Control Zone District Board of Supervisors, to move forward with and
51 complete acquisition of the property as long as the purchase price of the property does not
52 exceed the amount discussed in executive session.
53
Regular County Council Meeting, 9/12/2017, Page 8
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The motion was seconded..
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
Nays: None (0)
Absent: Weimer (1)
Brenner reported for the Public Works, Health, and Safety Committee.
Councilmembers gave updates on recent activities and upcoming events.
ADJOURN
The meeting adjourned at 9:05 p.m.
The County Council approved these minutes on November 21, 2017.
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Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
a Ci c anan, ouncil Chair
Regular County Council Meeting, 9/12/2017, Page 9