HomeMy WebLinkAboutCounty Council October 24 20171
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WHATCOM COUNTY COUNCIL
Regular County Council Meeting
October 24, 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
PUBLIC HEARINGS
1. RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR PROPERTY WITHIN
THE BOUNDARIES OF WHATCOM COUNTY ROAD IMPROVEMENT DISTRICT
NO. 7 (EMERALD LAKE LIGHTING DISTRICT) AND REMANDING ROLL TO THE
COUNTY TREASURER FOR COLLECTION (COUNCIL ACTING AS THE BOARD OF
EQUALIZATION) (AB2017 -262B)
Buchanan opened the public hearing, and the following people spoke:
Wendell Poole, Emerald Lake Property Owners Association Board, stated all current
board members approve the slight increase in the assessment and a project to upgrade the
lighting system.
John Suzanski described the background of the district and stated residents approve
the upgrade as long as the wattage stays low.
Mike Webb described the history of the district and light system and stated he
approves of the rate increase. He answered questions on plans for capital replacement of
the light fixtures.
Hearing no one else, Buchanan closed the public hearing.
Randy Rydel, Public Works Department, gave a staff report and stated these lights
are maintained by Puget Sound Energy (PSE). The bill covers electrical cost and light
fixture maintenance. He answered questions on the process for the Board of Equalization
and staff to make changes.
Regular County Council Meeting, 10/24/2017, Page 1
Mann moved to approve the resolution.
The motion was seconded.
Councilmembers discussed how to determine whether the assessment is just and
equitable and the reason this has to come to the Council, acting as the Board of
Equalization, for approval.
The motion carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: Brenner (1)
2. RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR PROPERTY WITHIN
THE BOUNDARIES OF WHATCOM COUNTY ROAD IMPROVEMENT DISTRICT
NO. 1 (BIRCH BAY LIGHTING DISTRICT) AND REMANDING ROLL TO THE
COUNTY TREASURER FOR COLLECTION (COUNCIL ACTING AS THE BOARD OF
EQUALIZATION) (AB2017 -263B)
Buchanan opened the public hearing, and hearing no one, closed the public hearing.
Mann moved to approve the resolution.
The motion was seconded.
The motion carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: Brenner (1)
3. RESOLUTION APPROVING THE SALE OF A PORTION OF SURPLUS REAL
PROPERTY (AB2017 -285)
Buchanan opened the public hearing, and the following person spoke:
Jim Cornelius stated he supports the resolution and described the property. They
should attach a restriction to the property to limit tree removal.
Hearing no one else, Buchanan closed the public hearing.
Brenner moved to approve the resolution.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
4. RESOLUTION APPROVING THE WHATCOM COUNTY 2018 ANNUAL
CONSTRUCTION PROGRAM (AB2017 -294)
Buchanan opened the public hearing, and hearing no one, closed the public hearing.
Brenner moved to approve the resolution.
Regular County Council Meeting, 10/24/2017, Page 2
The motion was seconded.
Browne withdrew project item three, Horton Road, to vote on separately.
The motion to approve the resolution, except project number three, carried by the
following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Mann moved to approve project item three.
The motion was seconded.
The motion to approve project item three, carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Abstains: Browne (1)
S. RESOLUTION ADOPTING THE SIX -YEAR WATER RESOURCES IMPROVEMENT
PROGRAM FOR 2018 -2023 (COUNCIL ACTING AS THE WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) (AB2017 -295)
Buchanan opened the public hearing, and hearing no one, closed the public hearing.
Browne moved to approve the resolution.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
6. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 10.04, SPEED
LIMITS, TO ESTABLISH THE SPEED LIMIT FOR A PORTION OF NORTH SHORE
ROAD (AB2017 -196A)
Buchanan opened the public hearing, and hearing no one, closed the public hearing.
Brenner moved to approve the resolution.
The motion was seconded.
Councilmembers discussed whether keeping the speed limit would be more
consistent.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6)
Nays: Donovan (1)
Regular County Council Meeting, 10/24/2017, Page 3
1 OPEN SESSION
2
3 The following people spoke:
4 • Joseph McDowell spoke about religious people in Bellingham.
5 • Christopher Deile spoke about the Whatcom County Humane Society not
6 responding to complaints about unrestrained dogs in a parked truck and the
7 police falsely asserting he has mental problems.
8 • Leslie Honcoop, Whatcom County Farm Bureau, spoke about the critical areas
9 ordinance update and exemptions from farm plans for youth groups.
10 0 Pam Brady, BP Cherry Point Refinery, spoke about Consent Agenda item 3
11 regarding the contract amendment to Cascadia Law Group.
12
13
14 CONSENT AGENDA
15
16 Browne reported for the Finance and Administrative Services Committee and
17 moved to approve Consent Agenda items one through three.
18
19 Brenner withdrew items two and three.
20
21 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
22 GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON
23 STATE MILITARY DEPARTMENT TO SUSTAIN AND ENHANCE THE WHATCOM
24 COUNTY SHERIFF'S OFFICE DIVISION OF EMERGENCY MANAGEMENT
25 PROGRAM, IN THE AMOUNT OF $72,508 (AB2017 -305)
26
27 Browne reported for the Finance and Administrative Services Committee and
28 restated the motion to approve the request.
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 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
35 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND RESOURCES TO
36 IMPLEMENT A COUNTYWIDE WASTE REDUCTION AND RECYCLING
37 EDUCATION PROGRAM FOR YOUTH AT THE ELEMENTARY, MIDDLE, AND
38 HIGH SCHOOL LEVELS, IN THE AMOUNT OF $50,000, FOR A TOTAL AMENDED
39 CONTRACT AMOUNT OF $170,000 (AB2017 -306)
40
41 Browne reported for the Finance and Administrative Services Committee and
42 restated the motion to approve the request.
43
44 Councilmembers discussed whether it's appropriate for the County to have a contract
45 with this business, which has been politically outspoken on other issues.
46
47 The motion carried by the following vote:
48 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
49 Nays: Brenner (1)
50
51 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
52 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND CASCADIA LAW
53 GROUP PLLC TO CONDUCT THE STUDY AND MAKE RECOMMENDATIONS
Regular County Council Meeting, 10/24/2017, Page 4
1 REQUIRED BY WHATCOM COUNTY COMPREHENSIVE PLAN POLICY 2CC -16,
2 IN THE AMOUNT OF $25,000, FOR A TOTAL AMENDED CONTRACT AMOUNT
3 OF $65,000 (AB2017 -301)
4
5 Browne reported for the Finance and Administrative Services Committee and
6 restated the motion to approve the substitute contract.
7
8 Councilmembers discussed whether it's appropriate to allocate more money to this
9 contractor, the difference between the budgeted and actual expenses, and the nature of the
10 executive discussions to get legal advice.
11
12 The motion carried by the following vote:
13 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
14 Nays: Brenner (1)
15
16
17 OTHER ITEMS
18
19 1. ORDINANCE AMENDING THE 2017 WHATCOM COUNTY BUDGET, TWELFTH
20 REQUEST, IN THE AMOUNT OF $1,229,376 (AB2017 -296)
21
22 Browne reported for the Finance and Administrative Services Committee and
23 moved to adopt the ordinance.
24
25 The motion carried by the following vote:
26 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
27 Nays: None (0)
28
29 2. ORDINANCE AMENDING ORDINANCE NO. 2014 -085 (ESTABLISHMENT OF
30 THE INTEGRATED LAND RECORDS AND PERMIT MANAGEMENT SYSTEM FUND
31 AND ESTABLISHING A PROJECT BASED BUDGET FOR INTEGRATED LAND
32 RECORDS AND PERMIT MANAGEMENT SYSTEM PROJECTS) TO APPROPRIATE
33 FUNDING FOR A NEW PERMIT SYSTEM PROJECT (AB2017 -298)
34
35 Browne reported for the Finance and Administrative Services Committee and
36 moved to adopt the ordinance.
37
38 The motion carried by the following vote:
39 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
40 Nays: None (0)
41
42 3. RESOLUTION ADOPTING A SALARY SCHEDULE AND POLICIES FOR
43 UNREPRESENTED WHATCOM COUNTY EMPLOYEES, EFFECTIVE JANUARY 1,
44 2018, THROUGH DECEMBER 31, 2018 (AB2017 -302)
45
46 Browne reported for the Finance and Administrative Services Committee and
47 moved to approve the resolution.
48
49 The motion carried by the following vote:
50 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
51 Nays: None (0)
52
Regular County Council Meeting, 10/24/2017, Page 5
1 4. RESOLUTION ORDERING THE CANCELLATION OF ACCOUNTS RECEIVABLE
2 MORE THAN THREE YEARS OLD (AB2017 -303)
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 S. RESOLUTION ORDERING THE CANCELLATION OF CHECKS (WARRANTS)
12 MORE THAN A YEAR OLD (AB2017 -304)
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 6. ORDINANCE REPEALING ORDINANCE NO. 96 -008, ACCIDENT PREVENTION
22 PROGRAM (AB2017 -297)
23
24 Browne reported for the Finance and Administrative Services Committee and
25 moved to adopt the ordinance.
26
27 The motion carried by the following vote:
28 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
29 Nays: None (0)
30
31 7. RESOLUTION ESTABLISHING A HOMELESS STRATEGIES WORKGROUP
32 (AB2017 -300)
33
34 Buchanan reported for the Special Committee of the Whole and moved to approve
35 the substitute resolution.
36
37 The motion carried by the following vote:
38 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
39 Nays: None (0)
40
41 (Discussion of this item continued under Committee Reports, Other Items, and
42 Councilmember Updates.)
43
44 EXECUTIVE APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
45
46 1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
47 DAVID KINCHELOE TO THE WHATCOM COUNTY BEHAVIORAL HEALTH
48 ADVISORY COMMITTEE (AB2017 -307)
49
50 Mann moved to confirm the appointment.
51
52 The motion was seconded.
53
Regular County Council Meeting, 10/24/2017, Page 6
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Absent: Browne (out of the room) (1)
INTRODUCTION ITEMS
1. RESOLUTION APPROVING THE SALE OF AN EASEMENT (AB2017 -308)
Brenner moved to introduce the resolution.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Donovan reported for the Natural Resources Committee.
Browne reported for the Finance and Administrative Services Committee.
DISCUSSION WITH SENIOR DEPUTY PROSECUTOR CHRISTOPHER QUINN
REGARDING PENDING LITIGATION INVOLVING CLAIMS AGAINST ELECTED
OFFICIALS ACTING WITHIN THEIR OFFICIAL DUTIES: PROSECUTING ATTORNEY,
COUNTY EXECUTIVE, AND SHERIFF (WHATCOM COUNTY CAUSE NO. 17 -2- 01983 -2)
(AB2017 -018)
Buchanan reported for the Committee of the Whole and stated the Council met
earlier today in executive session concerning a civil lawsuit filed in Whatcom County
Superior Court, case number 17 -2- 01983 -2. Pursuant to WCC Chapter 2.56 and RCW
4.96.041, the Council must find that the actions of each County official named in the suit
meets the criteria set out in WCC 2.56.030 in order to authorize legal defense by the County
for each named official. Therefore, the Council must vote on whether or not legal defense
by the County will be provided based upon the criteria listed in WCC 2.56.030.
Browne moved to approve the findings as stated above.
The motion carried by the following vote:
Ayes: Brenner, Sidhu, Browne, Donovan and Weimer (5)
Nays: Mann and Buchanan (2)
Councilmembers gave updates on recent activities and upcoming events.
RESOLUTION ESTABLISHING A HOMELESS STRATEGIES WORKGROUP (AB2017-
300)
Buchanan nominated himself and Councilmember Browne to be a member of the
Homeless Strategy Group.
Regular County Council Meeting, 10/24/2017, Page 7
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The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
AD30URN
The meeting adjourned at 8:02 p.m.
The County Council approved these minutes on January 30, 2018.
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Dana'Br aTi -CDs ujs') "o n_� Clerk
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Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
1
Ba uchana , Council Chair
Regular County Council Meeting, 10/24/2017, Page 8