HomeMy WebLinkAboutCounty Council March 27 20181
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WHATCOM COUNTY COUNCIL
Regular County Council Meeting
March 27, 2018
CALL TO ORDER
Council Chair Rud Browne called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Tim Ballew, Barbara Brenner, Rud Browne, Barry Buchanan, Tyler
Byrd, and Todd Donovan.
Absent: Satpal Sidhu.
FLAG SALUTE
ANNOUNCEMENTS
PUBLIC HEARINGS
1. ORDINANCE REGARDING TEMPORARY INSTALLATION OF STOP SIGNS ON
MOSQUITO LAKE ROAD (AB2018 -100)
Browne opened the public hearing, and hearing no one, closed the public hearing.
Brenner moved to adopt the ordinance.
The motion was seconded.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
Nays: None (0)
Absent: Sidhu (1)
2. ORDINANCE REGARDING TEMPORARY INSTALLATION OF STOP SIGNS ON
MOSQUITO LAKE ROAD DURING THE MOSQUITO LAKE ROAD /NORTH FORK
NOOKSACK RIVER BRIDGE NO. 332 CAP REPAIR PROJECT (AB2018 -101)
Browne opened the public hearing, and hearing no one, closed the public hearing.
Brenner moved to adopt the ordinance.
The motion was seconded.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
Nays: None (0)
Absent: Sidhu (1)
Regular County Council Meeting, 3/27/2018, Page 1
1
2 3. ORDINANCE REGARDING TEMPORARY INSTALLATION OF STOP SIGNS ON
3 NOON ROAD AT TEN MILE ROAD AND CENTRAL ROAD DURING
4 CONSTRUCTION OF THE HANNEGAN ROAD TEN MILE CREEK BRIDGE #236
5 REPLACEMENT PROJECT (AB2018 -102)
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7 Browne opened the public hearing, and hearing no one, closed the public hearing.
8
9 Brenner moved to adopt the ordinance.
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11 The motion was seconded.
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13 Joe Rutan, Public Works Department, gave a staff report on why there is a public
14 hearing on temporary installation of stop signs.
15
16 The motion carried by the following vote:
17 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
18 Nays: None (0)
19 Absent: Sidhu (1)
20
21 4. RESOLUTION SUPPORTING A COMMUNITY DEVELOPMENT BLOCK GRANT
22 (CDBG) APPLICATION AND APPROVAL (AB2018 -103)
23
24 (Clerk's Note: The CDBG required handouts were included in the Council's packet
25 and available to the public at the public hearing.)
26
27 Browne opened the public hearing, and the following person spoke:
28
29 Greg Winter, Opportunity Council Executive Director, thanked the County for
30 agreeing to support this Community Development Block Grant.
31
32 Hearing no one else, Browne closed the public hearing.
33
34 Donovan moved to adopt the ordinance
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36 The motion was seconded.
37
38 The motion carried by the following vote:
39 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
40 Nays: None (0)
41 Absent: Sidhu (1)
42
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44 OPEN SESSION
45
46 The following people spoke:
47 Laurel Cook spoke about parking at the Courthouse parking lot after hours.
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49 Rob Ney, Administrative Services Department, stated staff can look into making the
50 parking lot available to the public after hours.
51
Regular County Council Meeting, 3/27/2018, Page 2
1 Buchanan moved to ask the administration to consider making the Courthouse
2 south parking lot available after hours and report back to the Council at the next Council
3 meeting.
4
5 The motion was seconded.
6
7 The motion carried by the following vote:
8 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
9 Nays: None (0)
10 Absent: Sidhu (1)
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12 Jim Peterson spoke about the HomesNOW project.
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14 Councilmembers discussed the status of the project. Councilmembers are working
15 with the Planning and Development Services Department Director and Deputy Executive.
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17 Byrd moved to schedule it on the Council Planning and Development Committee in
18 two weeks.
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20 The motion was seconded.
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22 Councilmembers discussed the details and design of the project and water
23 availability.
24
25 The motion carried by the following vote:
26 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
27 Nays: None (0)
28 Absent: Sidhu (1)
29
30 • Chet Dow spoke about a resolution to be introduced recognizing the roles and
31 duties of Whatcom County on water resources issues (AB2018 -114).
32 0 Dana Riggs spoke about the status of the HomesNOW project and the needs of
33 the homeless in the community.
34 . Patrick Alesse spoke about the need for parking in Birch Bay.
35
36
37 CONSENT AGENDA
38
39 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
40 CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE PARKS
41 AND RECREATION COMMISSION TO RECEIVE FUNDS TO CONDUCT ON -THE-
42 WATER PATROLS DURING THE PEAK BOATING PERIOD, IN THE AMOUNT OF
43 $16,810.69 (AB2018 -108)
44
45 Browne reported for the Finance and Administrative Services Committee and
46 moved to approve the request and stated this item is recommended by committee.
47
48 The motion carried by the following vote:
49 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
50 Nays: None (0)
51 Absent: Sidhu (1)
52
Regular County Council Meeting, 3/27/2018, Page 3
1 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
2 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY, CITY OF
3 BELLINGHAM AND THE PORT OF BELLINGHAM FOR THE PURPOSES OF
4 ECONOMIC DEVELOPMENT, IN THE AMOUNT OF $967,550 FOR YEAR 2018
5 AND $974,845 FOR YEAR 2019 (AB2018 -109)
6
7 Browne reported for the Finance and Administrative Services Committee and
8 moved to approve the request.
9
10 The motion was seconded.
11
12 The motion carried by the following vote:
13 Ayes: Ballew, Brenner, Browne, Buchanan, and Donovan (5)
14 Nays: None (0)
15 Absent: Sidhu (1)
16 Abstains: Byrd (1)
17
18 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
19 THREE YEAR CONTRACT BETWEEN WHATCOM COUNTY AND WEST
20 PUBLISHING FOR ONLINE ACCESS TO LEGAL RESEARCH DATABASES AND
21 PRINT SERVICE SUBSCRIPTIONS FOR THE WHATCOM COUNTY LAW
22 LIBRARY, IN THE AMOUNT OF x$147, =— --:'G $131,519.36 (AB2018 -110)
23
24 Browne reported for the Finance and Administrative Services Committee and stated
25 this item is recommended by committee.
26
27 Byrd moved to approve the request.
28
29 The motion carried by the following vote:
30 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
31 Nays: None (0)
32 Absent: Sidhu (1)
33
34 OTHER ITEMS
35
36 1. RESOLUTION ESTABLISHING THE LAKE WHATCOM STORMWATER UTILITY
37 ADVISORY COMMITTEE (AB2018 -105)
38
39 Donovan reported for the Natural Resources Committee and moved to approve the
40 resolution.
41
42 Jon Hutchings, Public Works Department Director, gave a staff report and answered
43 questions.
44
45 Councilmembers and staff discussed the level of tax increases to taxpayers,
46 incentivizing homeowners to implement improvements to their property, the purpose of the
47 district, rate increases to the flood tax, the State and federal requirements for managing
48 water resources, and pollution in Lake Whatcom from public roads.
49
50 The motion carried by the following vote:
51 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
52 Nays: None (0)
53 Absent: Sidhu (1)
Regular County Council Meeting, 3/27/2018, Page 4
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2. RESOLUTION AMENDING THE 2018 FLOOD CONTROL ZONE DISTRICT AND
SUBZONES BUDGET, FIRST REQUEST, IN THE AMOUNT OF $50,000
(COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE
DISTRICT BOARD OF SUPERVISORS) (AB2018 -096)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the resolution.
Councilmembers discussed the purpose of the money being for the Planning Unit, not
other agencies or organizations.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
Nays: None (0)
Absent: Sidhu (1)
3. ORDINANCE AMENDING ORDINANCE NO. 2014 -078 (ESTABLISHMENT OF
THE 2015 LIGHTHOUSE MARINE PARK IMPROVEMENT FUND AND PROJECT
BASED BUDGET FOR LIGHTHOUSE MARINE PARK IMPROVEMENTS) FOR THE
FIRST TIME TO ADD $24,500 OF EXPENDITURE AUTHORITY, FOR A TOTAL
AMENDED PROJECT BUDGET OF $274,500 (AB2018 -097)
Browne reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
Nays: None (0)
Absent: Sidhu (1)
4. ORDINANCE AMENDING THE 2018 WHATCOM COUNTY BUDGET, FIFTH
REQUEST, IN THE AMOUNT OF $557,818 (AB2018 -098)
Browne reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
Nays: None (0)
Absent: Sidhu (1)
5. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 2.130 TO
REVISE ECONOMIC DEVELOPMENT INVESTMENT BOARD MEMBERSHIP
(AB2018 -099)
Browne reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
Nays: None (0)
Absent: Sidhu (1)
Regular County Council Meeting, 3/27/2018, Page 5
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6. RESOLUTION AUTHORIZING THE WHATCOM COUNTY PROSECUTOR TO FILE
A CLAIM WITH THE STATE OF WASHINGTON SEEKING REIMBURSEMENT
FOR UNFUNDED BALLOT BOX MANDATE (AB2018 -083)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the resolution.
Karen Frakes, Prosecutor's Office, answered questions.
Councilmembers discussed whether the cost in fees and staff time exceeds the
benefit and joining the Washington State Association of Counties and other counties in the
lawsuit.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
Nays: None (0)
Absent: Sidhu (1)
7. RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AN
AGREEMENT WITH WASHINGTON STATE RECREATION OFFICE TO RECEIVE
MATCHING FUNDS TO SUPPORT ACQUISITION OF PDR CONSERVATION
EASEMENTS (AB2018 -106)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the resolution.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
Nays: None (0)
Absent: Sidhu (1)
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT AND WASHINGTON STATE DEPARTMENT OF HEALTH TO
PROVIDE ADDITIONAL FUNDS AND A TIME EXTENSION TO SUPPORT THE
POLLUTION IDENTIFICATION AND CORRECTION PROGRAM IN THE AMOUNT
OF $300,000, FOR A TOTAL AMENDED CONTRACT AMOUNT OF $1,015,000
(COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE
DISTRICT BOARD OF SUPERVISORS) (AB2018 -107)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
Nays: None (0)
Absent: Sidhu (1)
9. REQUEST FOR AN ADDITIONAL ONE -YEAR EXTENSION FOR FINAL
APPROVAL FOR THE LINCOLN ROAD LONG SUBDIVISION AND PLANNED
UNIT DEVELOPMENT (AB2018 -111)
Regular County Council Meeting, 3/27/2018, Page 6
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Byrd reported for the Planning and Development Committee and moved to approve
the request.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
Nays: None (0)
Absent: Sidhu (1)
COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. APPOINTMENT TO FILL TWO VACANCIES ON DRAINAGE DISTRICT #6
BOARD OF SUPERVISORS, POSITION 1 AND POSITION 2 (PER RCW
85.38.070(5)) - APPLICANT(S): EDWARD THOMPSON, POSITION 1, AND JIM
BJORNSTAD, POSITION 2 (AB2018 -074)
Brenner moved to appoint Edward Thompson and Jim Bjornstad by acclamation.
The motion was seconded.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
Nays: None (0)
Absent: Sidhu (1)
2. APPOINTMENT TO FILL VACANCY ON DRAINAGE IMPROVEMENT DISTRICT
#15 BOARD OF SUPERVISORS, POSITION 2 (PER RCW 85.38.070(5),
APPLICANT: MARVIN VREUGDENHIL (AB2018 -075)
Donovan moved to appoint Marvin Vreugdenhil.
The motion was seconded.
The motion carried by the following
Ayes: Ballew, Brenner, Browne,
Nays: None (0)
Absent: Sidhu (1)
vote:
Buchanan, Byrd, and Donovan (6)
EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
GARY MALICK TO THE BICYCLE/ PEDESTRIAN ADVISORY COMMITTEE
(AB2018 -112)
Donovan moved to confirm the appointment.
The motion was seconded.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
Nays: None (0)
Absent: Sidhu (1)
Regular County Council Meeting, 3/27/2018, Page 7
1
2
3 INTRODUCTION ITEMS
4
5 Browne moved to accept Introduction Items one and two.
6
7 The motion was seconded.
8
9 The motion carried by the following vote:
10 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
11 Nays: None (0)
12 Absent: Sidhu (1)
13
14 1. RECEIPT OF AN APPEAL OF A PENALTY ASSESSMENT REMISSION DECISION
15 BY PLANNING AND DEVELOPMENT SERVICES, FILE NO. ENF2017- 00063,
16 FILED BY KYLE COSTON (AB2018 -104)
17
18 2. ORDINANCE REGARDING TEMPORARY INSTALLATION OF A STOP SIGN ON
19 ROBERTS ROAD AT CENTRAL ROAD DURING CONSTRUCTION OF THE
20 ROBERTS ROAD ANDERSON CREEK BRIDGE #249 REPLACEMENT PROJECT
21 113 (AB2018 -113)
22
23 3. RESOLUTION RECOGNIZING The ROLES AND DUTIES OF WHATCOM COUNTY,
24 THE WATER RESOURCES INVENTORY AREA (WRIA) 1 PLANNING UNIT AND
25 THE WRIA 1 INITIATING GOVERNMENTS REGARDING WATER RESOURCES
26 PLANNING UNDER RCE 9.82 AND ESSB 6091 (AB2018 -114)
27
28 Brenner moved to accept the Introduction Item.
29
30 The motion was seconded.
31
32 The following staff answered questions:
33 . Karen Frakes, Prosecutor's Office
34 . Jon Hutchings, Public Works Department Director
35
36 Councilmembers discussed references to concerns from the Planning Unit, clarifying
37 the role of the County Council, consistency with State law, and whether the item would be
38 scheduled in committee.
39
40 The motion carried by the following vote:
41 Ayes: Ballew, Brenner, Buchanan, Byrd, and Donovan (5)
42 Nays: Browne (1)
43 Absent: Sidhu (1)
44
45
46 COMMITTEE REPORTS OTHER ITEMS AND COUNCILMEMBER UPDATES
47
48 Donovan reported for the Natural Resources Committee.
49
50 From Special Committee of the Whole:
51
52 Browne announced there was discussion with Assistant Chief Civil Deputy
53 Prosecutor Karen Frakes regarding potential opioid litigation against
Regular County Council Meeting, 3/27/2018, Page 8
1 manufacturers and distributors of prescription opioids (AB2018 -018) in executive
2 session during the Special Committee of the Whole.
3
4 Frakes stated she would like to hold this item until there is a retainer agreement.
5
6 Buchanan reported for the Criminal Justice and Public Safety Committee.
7
8 UPDATE FROM DEPUTY COUNTY EXECUTIVE TYLER SCHROEDER ON THE
9 EXPANSION OF THE CRISIS TRIAGE CENTER (AB2018 -079)
10
11 Browne reported for the Finance and Administrative Services Committee and
12
13 Donovan moved to recommend Option 2, the new standalone facility.
14
15 The motion carried by the following vote:
16 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
17 Nays: None (0)
18 Absent: Sidhu (1)
19
20 Browne reported for the Special Committee of the Whole: Open Session.
21
22 Councilmembers gave updates on recent activities and upcoming events.
23
24
25 ADJOURN
26
27 The meeting adjourned at 8:30 p.m.
28
29 The COUnty Council approved these minutes on April 10, 2018.
30
31
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38 Dana Brawn; Daum; Council Cler Rud Browne, Council Chair
39
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42 �`--
43 Jill Nixon, Minutes Transcription
Regular County Council Meeting, 3/27/2018, Page 9