HomeMy WebLinkAboutCounty Council April 10 20181
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WHATCOM COUNTY COUNCIL
Regular County Council Meeting
April 10, 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, Todd Donovan, and Satpal Sidhu.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
1. CONSIDERATION OF AN APPEAL OF A PENALTY ASSESSMENT REMISSION
DECISION BY PLANNING AND DEVELOPMENT SERVICES, FILE NO. ENF2017-
00063, FILED BY KYLE COSTON (AB2018 -104)
Donovan moved to cut the fee in half.
The motion was seconded.
Councilmembers discussed the option of applying the fee to a program for
underprivileged children and the background of the appeal.
Donovan amended his motion and moved to waive the fee entirely, and ask Mr.
Costen to voluntarily provide his services valued at $300 as scholarships to underprivileged
children in his program.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
Nays: None (0)
MINUTES CONSENT
1. SPECIAL COMMITTEE OF THE WHOLE FOR FEBRUARY 13, 2018
Donovan moved to approve Minutes Consent items one through five.
The motion was seconded.
Regular County Council Meeting, 4/10/2018, Page 1
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The motion carried by the following vote:
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Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
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Nays: None (0)
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REGULAR COUNTY COUNCIL FOR FEBRUARY 13, 2018
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See Minutes Consent item one.
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3.
SURFACE WATER WORK SESSION FOR FEBRUARY 20, 2018
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See Minutes Consent item one.
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4.
SPECIAL COMMITTEE OF THE WHOLE FOR FEBRUARY 27, 2018
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See Minutes Consent item one.
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REGULAR COUNTY COUNCIL FOR FEBRUARY 27, 2018
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See Minutes Consent item one.
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6.
BOARD OF HEALTH FOR MARCH 6, 2018
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Donovan moved to approve Minutes Consent items six.
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The motion was seconded.
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The motion carried by the following vote:
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Ayes: Ballew, Brenner, Browne, Buchanan, Donovan, and Sidhu (6)
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Nays: None (0)
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Abstains: Byrd (1)
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7.
COMMITTEE OF THE WHOLE FOR MARCH 13, 2018
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Donovan moved to approve Minutes Consent items seven and eight.
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The motion was seconded.
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The motion carried by the following vote:
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Ayes: Ballew, Brenner, Buchanan, Byrd, and Donovan (5)
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Nays: None (0)
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Abstains: Sidhu and Browne (2)
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8.
SPECIAL COMMITTEE OF THE WHOLE FOR MARCH 13, 2018
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See Minutes Consent item seven.
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9.
REGULAR COUNTY COUNCIL FOR MARCH 13, 2018
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Buchanan moved to approve Minutes Consent items nine.
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The motion was seconded.
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Regular County Council Meeting, 4/10/2018, Page 2
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The motion carried by the following vote:
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Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
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Nays: None (0)
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Abstains: Sidhu (1)
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10.
SURFACE WATER WORK SESSION FOR MARCH 20, 2018
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Byrd moved to approve Minutes Consent items ten.
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The motion was seconded.
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The motion carried by the following vote:
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Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Sidhu (6)
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Nays: None (0)
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Abstains: Donovan (1)
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11.
SPECIAL COMMITTEE OF THE WHOLE - EXECUTIVE SESSION FOR MARCH 27,
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2018
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Donovan moved to approve Minutes Consent items 11 through 13.
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The motion was seconded.
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The motion carried by the following vote:
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Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
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Nays: None (0)
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Abstains: Sidhu (1)
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12.
SPECIAL COMMITTEE OF THE WHOLE - OPEN SESSION FOR MARCH 27, 2018
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See Minutes Consent item 11.
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13.
REGULAR COUNTY COUNCIL FOR MARCH 27, 2018
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See Minutes Consent item 11.
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PUBLIC HEARINGS
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1.
ORDINANCE REGARDING TEMPORARY INSTALLATION OF A STOP SIGN ON
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ROBERTS ROAD AT CENTRAL ROAD DURING CONSTRUCTION OF THE
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ROBERTS ROAD ANDERSON CREEK BRIDGE #249 REPLACEMENT PROJECT
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113(AB2018 -113)
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Browne opened the public hearing, and hearing no one, closed the public hearing.
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Donovan moved to adopt the ordinance.
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The motion was seconded.
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The motion carried by the following vote:
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Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
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Nays: None (0)
Regular County Council Meeting, 4/10/2018, Page 3
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3 OPEN SESSION
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5 The following people spoke:
6 • Molly Crocker spoke about the Planning Unit process.
7 • Jim Peterson, HomesNOW, spoke about the HomesNOW homeless housing
8 project.
9 • Paul Isaacson, Whatcom Well Group, spoke about his newly- formed
10 collaborative group to address well issues in the county.
11 • Max Perry spoke about the need for a new county jail.
12 • Carole Perry stated she agrees with the comments from Mr. Isaacson and Mr.
13 Max Perry and spoke about the Planning Unit.
14 • Dave Bachman stated he agrees with the comments from Mr. Perry and spoke
15 about the need for a new county jail.
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18 CONSENT AGENDA
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20 Sidhu reported for the Finance and Administrative Services Committee and moved
21 to approve Consent Agenda items one through six.
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23 Brenner withdrew item two.
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25 Byrd withdrew item four.
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27 The motion to approve Consent Agenda items one, three, five, and six carried by the
28 following vote:
29 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
30 Nays: None (0)
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32 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #18 -07
33 AND ENTER INTO A CONTRACT FOR 2018 HOT MIX ASPHALT PRELEVEL AT
34 VARIOUS LOCATIONS TO LOW BIDDER, LAKESIDE INDUSTRIES INC., IN AN
35 AMOUNT NOT TO EXCEED $1,302,998 (AB2018 -119)
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37 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
38 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND FCS GROUP TO
39 CONDUCT PHASE 2 OF ESTABLISHING A FUNDING MECHANISM FOR THE
40 LAKE WHATCOM STORMWATER UTILITY IN THE AMOUNT OF $77,420 FOR A
41 TOTAL CONTRACT AMOUNT OF $111,952 (AB2018 -105A)
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43 Sidhu reported for the Finance and Administrative Services Committee and moved
44 to approve the request.
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46 The motion was seconded.
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48 Councilmembers discussed that this is only to make a recommendation on funding,
49 not to make a final decision.
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51 The motion carried by the following vote:
52 Ayes: Brenner, Ballew, Browne, Buchanan, Donovan, and Sidhu (6)
53 Nays: Byrd (1)
Regular County Council Meeting, 4/10/2018, Page 4
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2 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
3 CONTRACT BETWEEN WHATCOM COUNTY AND TETRA TECH TO PROVIDE
4 ENGINEERING DESIGN SERVICES AND PREPARATION OF CONSTRUCTION
5 DOCUMENTS FOR THE REROUTE AND UPGRADE OF A FAILING OUTFALL ON
6 BIRCH BAY DRIVE, IN THE AMOUNT OF $58,508 (AB2018 -120)
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8 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO HAVE PUBLIC WORKS
9 PURCHASE A REPLACEMENT STREET SWEEPER USING THE WASHINGTON
10 STATE CONTRACT #02613 FROM VENDOR OWEN EQUIPMENT CO., IN THE
11 AMOUNT OF $292,470.94 (AB2018 -121)
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13 Sidhu reported for the Finance and Administrative Services Committee and moved
14 to approve the request.
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16 The motion was seconded.
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18 Councilmembers discussed the time value of money and replacement of equipment
19 when they begin to fail.
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21 Jon Hutchings, Public Works Department Director, gave a staff report on mileage,
22 hours operated, and longevity.
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24 The motion carried by the following vote:
25 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
26 Nays: None (0)
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28 5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO
29 ONE YEAR RESIDENTIAL LEASE AGREEMENT BETWEEN WHATCOM COUNTY
30 AND DOUGLYS MADDUX AND KEMARON KAALAND - MADDUX TO RESIDE AT
31 7981 BLAINE ROAD, BLAINE, WA, IN THE AMOUNT OF $1320 PER MONTH
32 (AB2018 -122)
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34 6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
35 INTERGOVERNMENTAL AGREEMENT BETWEEN WHATCOM COUNTY AND
36 WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 14 FOR FIRE
37 PROTECTION SERVICES ON COUNTY PARK PROPERTIES (AB2018 -123)
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40 OTHER ITEMS
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42 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO SIGN AN
43 ATTORNEY ENGAGEMENT AND CONTINGENCY FEE AGREEMENT BETWEEN
44 WHATCOM COUNTY AND KELLER ROHRBACK L.L.P. (AB2018 -116)
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46 Sidhu reported for the Finance and Administrative Services Committee and moved
47 to adopt the ordinance.
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49 Karen Frakes, Prosecutor's Office, answered questions.
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51 Councilmembers and staff discussed going after doctors, not pharmaceutical
52 companies; people with end -of -life and serious health issues; and the history of drug claims
53 and the rise of addiction in the United States.
Regular County Council Meeting, 4/10/2018, Page 5
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2 The motion carried by the following vote:
3 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
4 Nays: None (0)
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6 2. RESOLUTION IN THE MATTER OF THE SALE OF SURPLUS PROPERTY AND
7 SETTING A DATE FOR PUBLIC HEARING THEREON PURSUANT TO WHATCOM
8 COUNTY CODE 1.10 (AB2018 -118)
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10 Sidhu reported for the Finance and Administrative Services Committee and moved
11 to adopt the ordinance.
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13 The motion carried by the following vote:
14 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
15 Nays: None (0)
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17 3. RESOLUTION RECOGNIZING THE ROLES AND DUTIES OF WHATCOM
18 COUNTY, THE WRIA 1 PLANNING UNIT, AND THE WRIA 1 INITIATING
19 GOVERNMENTS REGARDING WATER RESOURCES PLANNING UNDER RCW
20 90.82 AND ESSB 6091 (AB2018 -114)
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22 Browne reported for the Special Committee of the Whole and stated this item is
23 held in committee.
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26 INTRODUCTION ITEMS
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28 Donovan moved to accept Introduction Items one and three through six. Items
29 two and seven were withdrawn from the agenda.
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31 The motion was seconded.
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33 The motion carried by the following vote:
34 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
35 Nays: None (0)
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37 1. RECEIPT OF APPLICATIONS) FOR THE WHATCOM COUNTY WILDLIFE
38 ADVISORY COMMITTEE, APPLICANT: SHANNON CROSSEN (COMMITTEE
39 ADVISES THE WHATCOM COUNTY PLANNING AND DEVELOPMENT SERVICES
40 DEPARTMENT STAFF AND THE WHATCOM COUNTY COUNCIL ON THE VALUE
41 OF WILDLIFE AND HABITAT MANAGEMENT ISSUES AS THEY RELATE TO THE
42 WHATCOM COUNTY COMPREHENSIVE PLAN) (APPLICATION DEADLINE FOR
43 ANY OTHER APPLICANTS TO THIS VACANCY IS 10 A.M. APRIL 17, 2018)
44 (AB2018 -115)
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46 2. ORDINANCE CREATING A "GOLF CART ZONE" ON CERTAIN ROADS IN THE
47 BIRCH BAY AREA (AB2018 -125)
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49 This item was withdrawn from the agenda.
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51 3. ORDINANCE AMENDMENT NO. 2 TO ORDINANCE NO. 2014 -081
52 ESTABLISHING THE AGATE HEIGHTS /ESTATE BAY LANE STORM WATER
53 IMPROVEMENT FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR
Regular County Council Meeting, 4/10/2018, Page 6
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AGATE HEIGHTS ESTATE /BAY LANE STORM WATER IMPROVEMENTS
(AB2018 -126)
4. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, SIXTH REQUEST,
IN THE AMOUNT OF $2,836,591 (AB2018 -127)
5. RESOLUTION AMENDING THE 2018 WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT AND SUBZONES BUDGET, SECOND REQUEST, IN THE
AMOUNT OF $750,000 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD
CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) (AB2018 -128)
6. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS
PROPERTY PURSUANT TO WHATCOM COUNTY CODE 1.10 (AB2018 -118A)
7. ORDINANCE REPEALING ORDINANCE NOS. 2018 -001 AND 2018 -005 AND
ADOPTING AMENDMENTS TO THE WHATCOM COUNTY COMPREHENSIVE
PLAN AND THE WHATCOM COUNTY CODE TITLE 15 BUILDINGS AND
CONSTRUCTION, TITLE 20 ZONING, TITLE 21 LAND DIVISION
REGULATIONS, AND TITLE 24 HEALTH CODE, RELATING TO WATER
RESOURCES AND IMPLEMENTING ESSB 6091 (AB2018 -129)
This item was withdrawn from the agenda and held in committee.
COMMITTEE REPORTS, OTHER ITEMS, AND COUN+CIL_M_EMBER UPDATES
Committee chairs reported on their committee discussions.
Councilmembers gave updates on recent activities and upcoming events.
ADJOURN
The meeting adjourned at 8:06 p.m.
The County Council approved these minutes on April 24, 2018.
ATTEST:) IN r
Dana P -Gown- Davis, CourXil.Cierir
7�• O
Jill Nixon, Minutes Transcription
WHATC.qM TO NTY COUNCIL
WHA C M NTY, WASHINGTON
Ruh Browne, Council Chair
Regular County Council Meeting, 4/10/2018, Page 7