HomeMy WebLinkAboutCounty Council June 5 20181 WHATCOM COUNTY COUNCIL
2 Regular County Council Meeting
3
4 June 5, 2018
5
6 CALL TO ORDER
7
8 Council Chair Rud Browne called the meeting to order at 7:00 p.m. in the Council
9 Chambers, 311 Grand Avenue, Bellingham, Washington.
10
11
12 ROLL CALL
13
14
15 Present: Tim Ballew, Barbara Brenner, Rud Browne, Barry Buchanan, Tyler
16 Byrd, Todd Donovan, and Satpal Sidhu.
17 Absent: None.
18
19
20 FLAG SALUTE
21
22
23 ANNOUNCEMENTS
24
25
26 PUBLIC HEARINGS
27
28 1. ORDINANCE AMENDING WHATCOM COUNTY CODE 8.11, SOLID WASTE
29 RECYCLING AND COLLECTION DISTRICT, AND WHATCOM COUNTY CODE
30 8.10, SOLID WASTE AND RESIDENTIAL RECYCLING COLLECTION
31 REGARDING SOLID WASTE COLLECTION IN POINT ROBERTS (AB2018 -1468)
32
33 Jeff Hegedus, Health Department, submitted a final order from the Utilities and
34 Transportation Commission (UTC) regarding Points Recycling and Refuse (on file) and a
35 handout of proposed amendments (on file). He gave a staff report on the process and
36 amendments. He answered questions on whether the tax collected is a payment for services
37 before or after services are provided, how often the County reviews exemptions, how rates
38 are set and reviewed by the UTC, whether fees collected on the tax bill are refunded if
39 someone moves out of Point Roberts, how the UTC determines a contractor is qualified, the
40 proposed rate, and how the UTC determines whether a business expense is a valid cost.
41
42 David Gallatly answered questions on the UTC audit process.
43
44 Browne opened the public hearing, and the following people spoke:
45
46 Craig Grossman stated he supports the ordinance. The permanent residents and
47 voters of Point Roberts need the service to prevent illegal dumping and to protect their
48 environmentally sensitive area.
49
50 Arthur Reber stated he supports the ordinance. This process has been going on for
51 two years, and there have been many opportunities for people to comment. Don't delay.
52 The service is to prevent health hazards from illegal garbage dumping. Mr. Hegedus's work
53 on this project and with the community has been extraordinary.
Regular County Council Meeting, 6/5/2018, Page 1
1
2 Kristen Rock stated she supports the ordinance to prevent illegal dumping.
3 Mandatory garbage pickup is required almost everywhere else.
4
5 Louise Cassidy stated she would like a delay in the decision. There should be
6 incentives to reduce waste. Compare Point Roberts to other remote resort communities.
7 Staff and the UTC have not reviewed the service provider's financial proposal.
8
9 Samantha Scholefield stated she would like a delay in the decision. The level of
10 mandated garbage pickup is too large. The UTC needs to do a better review of the current
11 operator's financial information. She answered questions on the previous service provider's
12 financial information.
13
14 Kimberly Butts submitted and read from a handout (on file) and stated she would
15 like a delay in the decision.
16
17 Ken Calder submitted a petition of people asking for a delay in the decision and
18 spoke about the service provider's financial information.
19
20 Annette Madden stated she is opposed to the high minimum standard in the
21 ordinance and spoke about the lack of financial review. A community survey was not given
22 to everyone.
23
24 Mark Robbins, Point Roberts Taxpayers Association President, referenced the letter
25 he sent and stated he supports the ordinance. Prevent the dumping of illegal household
26 waste. Figure out a way to allow self - haulers to use their disposal tags at the transfer
27 station. The transfer station needs improvements, commercial recycling, and other anti -
28 waste measures.
29
30 Harry Kish stated he supports allowing self - haulers to use their hauling tags at the
31 transfer station. Requiring one pickup per month is plenty.
32
33 Heidi Baxter submitted handouts (on file) and stated allow people to self -haul if they
34 prefer. She described the garbage collection system on Lopez Island. She is opposed to
35 the ordinance.
36
37 Dee Gough, Chamber of Commerce President, stated the Chamber supports the
38 ordinance to prevent illegal garbage dumping. She supports the ordinance. Don't delay
39 adoption. It's a flat fee for garbage service, just like they pay a flat fee for water,
40 regardless of how much water they use.
41
42 Jeff Christopher, Point Roberts Community Advisory Committee Chair, stated he
43 supports the ordinance. The Health Department staff have been helping the community
44 work through this issue for 30 months, and have provided outstanding service. Volunteers
45 picked up over 1,100 pounds of garbage so far this year, before the season has even
46 started.
47
48 B.J. Kish stated she is against the ordinance. The proposed level of service is too
49 high, and she prefers to self -haul. Not everyone received the survey.
50
51 Bronwyn Glor stated she supports the ordinance to solve the problem of illegal
52 dumping.
53
Regular County Council Meeting, 6/5/2018, Page 2
1 Matt Perich stated the current system does not work. He supports the proposed
2 ordinance, because it removes the incentive to cheat. It's unreasonable to expect a private
3 business owner not to make a profit.
4
5 Pat Alesse stated people are charged year -round for sewer, water, and lighting in
6 Birch Bay, regardless of whether or not they are full -time residents.
7
8 Hearing no one else, Browne closed the public hearing.
9
10 Donovan moved to adopt the ordinance.
11
12 The motion was seconded.
13
14 Councilmembers discussed the lack of Health Department oversight over those
15 people who have exemptions; encouraging people to reduce their garbage; a community
16 subcommittee; a flat fee achieving economies of scale; the benefits of garbage collection;
17 paying for community services that may or may not be used, such as police service; the
18 trend toward recycling; the possibility of creating a sunset clause to force a review in two
19 years; whether or not there is a monopoly on the service in Point Roberts; the impacts of
20 illegal garbage dumping; costs of garbage service; the service provider's financial
21 information; whether mandated garbage service would make an impact on the landfills;
22 whether illegal dumping would continue to occur; and the possibility of stronger anti -
23 dumping fines and rules.
24
25 The motion to adopt carried by the following vote:
26 Ayes: Ballew, Browne, Buchanan, Donovan, and Sidhu (5)
27 Nays: Brenner and Byrd (2)
28
29 Browne moved to reconsider the previous vote
30
31 The motion was seconded.
32
33 The motion to reconsider carried by the following vote:
34 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
35 Nays: None (0)
36
37 Browne restated the motion to adopt.
38
39 Sidhu moved to amend 8.10.040(D), "Effective January 1, 2019 ... the minimum
40 required curbside collection service shall be 26 annual pickups, to occur at the discretion of
41 the customer on any day of the approved every other week garbage collection schedule, of
42 a 32 gallon can...."
43
44 The motion to amend was seconded.
45
46 Councilmembers and staff discussed whether the disposal tags are transferrable.
47
48 Byrd suggested a friendly amendment to change the number of 26 pickups to 12
49 pickups.
50
51 Councilmembers and staff discussed whether 12 annual pickups per customer
52 instead of 26 would be feasible for the service provider.
53
Regular County Council Meeting, 6/5/2018, Page 3
1 Sidhu did not accept the friendly amendment.
2
3 The motion to amend carried by the following vote:
4 Ayes: Ballew, Browne, Buchanan, Donovan, and Sidhu (5)
5 Nays: Brenner and Byrd (2)
6
7 Donovan moved to adopt the ordinance as amended.
8
9 The motion was seconded.
10
11 The motion to adopt as amended carried by the following vote:
12 Ayes: Ballew, Browne, Buchanan, Donovan, and Sidhu (5)
13 Nays: Brenner and Byrd (2)
14
15 Brenner moved to take a break.
16
17 The motion was seconded.
18
19 The motion carried by the following vote:
20 Ayes: Ballew, Browne, Brenner, Byrd, Donovan, and Sidhu (6)
21 Nays: None (0)
22 Abstains: Buchanan (1)
23
24 (Clerk's Note: The Council took a break at 9:10 p.m.)
25
26 2. ORDINANCE ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 2
27 ADMINISTRATION AND PERSONNEL; TITLE 9 PUBLIC PEACE, MORALS AND
28 WELFARE; TITLE 15, BUILDING AND CONSTRUCTION; TITLE 16
29 ENVIRONMENT; TITLE 20 ZONING; TITLE 21 LAND DIVISION REGULATIONS;
30 TITLE 23 SHORELINE MANAGEMENT PROGRAM; TITLE 24 HEALTH; AND
31 CREATING A NEW TITLE 22 LAND USE AND DEVELOPMENT PROCEDURES; TO
32 RELOCATE AND REVISE PROCEDURES FOR LAND USE AND USED
33 DEVELOPMENT RELATED PROJECT PERMITS AND LEGISLATIVE ACTIONS
34 (AB2018 -056)
35
36 Amy Keenan, Planning and Development Services Department, gave a staff report.
37
38 Browne opened the public hearing, and the following person spoke:
39
40 Patrick Alesse stated he supports the ordinance.
41
42 Hearing no one else, Browne closed the public hearing.
43
44 Brenner moved to adopt the ordinance.
45
46 The motion was seconded.
47
48 Councilmembers discussed vesting with shoreline exemptions.
49
50 The motion to adopt carried by the following vote:
51 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Sidhu (6)
52 Nays: Donovan (1)
53
Regular County Council Meeting, 6/5/2018, Page 4
1
2 OPEN SESSION
3
4 The following people spoke:
5 • Jim Peterson, HomesNOW, spoke about the HomesNOW project and homeless
6 issues in Whatcom County.
7 . Annette Madden spoke about the ordinance amending the Solid Waste
8 Recycling and Collection District and Whatcom County Code 8.10 for Point
9 Roberts (AB2018- 1468).
10 • Joseph Dow spoke about Christianity.
11 . Ken Calder spoke about the ordinance amending the Solid Waste Recycling
12 and Collection District and Whatcom County Code 8.10 for Point Roberts
13 (AB2018- 146B).
14 . Eddy Ury, Resources for Sustainable Connections, submitted a handout (on
15 file) and spoke about the Comprehensive Plan relating to the Cherry Point
16 Urban Growth Area (AB2018- 076C).
17 0 Marcus D. Stidham, HomesNOW, spoke about the HomesNOW project and
18 homeless issues in Whatcom County.
19 • Patrick Alesse spoke about homeless issues in Whatcom County.
20
21 Brenner moved to adopt an ordinance that allows any non - profit to provide housing
22 for homeless people, preferably tiny homes housing.
23
24 The motion was seconded.
25
26 The following staff answered questions:
27 • Karen Frakes, Prosecutor's Office
28 V Dana Brown - Davis, Clerk of the Council
29 0 Mark Personius, Planning and Development Services Department
30
31 Staff and councilmembers discussed the specific stated conditions and requirements
32 of an emergency ordinance, the Council's direction to staff at the previous meeting and the
33 staff's progress on allowing homeless encampments, whether the Council can legally adopt
34 an emergency ordinance that is not in writing, whether an emergency exists, and long -term
35 needs and solutions for the homeless community.
36
37 Brenner withdrew the motion.
38
39 (Clerk's Note: Councilmember Sidhu left the meeting at 10:03 p.m.)
40
41
42 CONSENT AGENDA
43
44 Browne reported for the Finance and Administrative Services Committee and
45 moved to approve Consent Agenda items one through three.
46
47 Byrd withdrew item one.
48
49 The motion to approve Consent Agenda items two and three carried by the following
50 vote:
51 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
52 Nays: None (0)
53 Absent: Sidhu (1)
Regular County Council Meeting, 6/5/2018, Page 5
1
2 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
3 CONTRACT BETWEEN WHATCOM COUNTY AND OPPORTUNITY COUNCIL TO
4 PROVIDE PARTIAL SUPPORT FOR 24/7/365 FACILITY -BASED STAFFING AT
5 22 NORTH, A FORTY -UNIT APARTMENT BUILDING SUPPLYING AFFORDABLE,
6 PERMANENT SUPPORTIVE HOUSING FOR INDIVIDUALS EXPERIENCING
7 BEHAVIORAL HEALTH AND OTHER HEALTH PROBLEMS AND WHO HAVE A
8 HISTORY OF HOMELESSNESS, IN THE AMOUNT OF $250,000 (AB2018 -170)
9
10 Browne reported for the Finance and Administrative Services Committee and
11 moved to approve the request.
12
13 The motion to approve carried by the following vote:
14 Ayes: Ballew, Brenner, Browne, Buchanan, and Donovan (5)
15 Nays: None (0)
16 Absent: Sidhu (1)
17 Abstains: Byrd (1)
18
19 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
20 CONTRACT BETWEEN WHATCOM COUNTY AND OPPORTUNITY COUNCIL TO
21 PROVIDE RENTAL ASSISTANCE, UTILITY ASSISTANCE, AND ESSENTIAL
22 NEEDS FOR RECIPIENTS OF THE WASHINGTON STATE DEPARTMENT OF
23 COMMERCE HOUSING AND ESSENTIAL NEEDS PROGRAM, IN THE AMOUNT
24 OF $1,087,355 (AB2018 -171)
25
26 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
27 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND TETRA TECH TO
28 PROVIDE ADDITIONAL FUNDS TO SUPPLEMENT THE ORIGINAL
29 ENGINEERING SERVICES CONTRACT TO ACCOMMODATE AN ENLARGED
30 PROJECT AREA FOR THE DESIGN OF THE BIRCH BAY DRIVE OUTFALL
31 IMPROVEMENTS PROJECT, IN THE AMOUNT OF $25,302, FOR A TOTAL
32 AMENDED CONTRACT AMOUNT OF $83,810 (AB2018 -172)
33
34
35 OTHER ITEMS
36
37 1. ORDINANCE AMENDING WHATCOM COUNTY CODE 3.08, PURCHASING
38 SYSTEM (AB2018 -160)
39
40 Byrd reported for the Finance and Administrative Services Committee and moved to
41 adopt the substitute ordinance.
42
43 Jon Hutchings, Public Works Department Director, answered questions.
44
45 Councilmembers and staff discussed the checks - and - balances between the County
46 administration and County Council and the amounts that can be approved administratively.
47
48 The motion carried by the following vote:
49 Ayes: Ballew, Browne, Buchanan, Byrd, and Donovan (5)
50 Nays: Brenner (1)
51 Absent: Sidhu (1)
52
Regular County Council Meeting, 6/5/2018, Page 6
1 2. ORDINANCE ESTABLISHING WHATCOM COUNTY CODE 1.32, ADOPTING
2 RULES REGARDING COMPLIANCE WITH CHAPTER 42.56 RCW, PUBLIC
3 RECORDS ACT (AB2018 -155)
4
5 Byrd reported for the Finance and Administrative Services Committee and moved to
6 adopt the substitute ordinance.
7
8 The motion carried by the following vote:
9 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
10 Nays: None (0)
11 Absent: Sidhu (1)
12
13 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AWARD BID
14 #18 -18, ENTER INTO A CONTRACT BETWEEN THE WHATCOM COUNTY FLOOD
15 CONTROL ZONE DISTRICT AND IVERSON EARTH WORKS, LLC FOR THE
16 MARINE DRIVE LEVEE REPAIR IN THE AMOUNT OF $197,549.42, AND
17 REQUEST COUNCIL TO APPROVE THE INCREASE IN THE ESTIMATED
18 CAPITAL COST OF THE MARINE DRIVE LEVEE REPAIR FROM $200,000 TO
19 $300,000, AND AUTHORIZE THE COUNTY EXECUTIVE TO EXECUTE
20 CONTRACTS UP TO THE INCREASED ESTIMATED CAPITAL COST (COUNCIL
21 ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT
22 BOARD OF SUPERVISORS) (AB2018 -166)
23
24 Byrd reported for the Finance and Administrative Services Committee.
25
26 Jon Hutchings, Public Works Department Director, answered questions.
27
28 Councilmembers and staff discussed miscellaneous expenses.
29
30 Donovan moved to adopt the ordinance.
31
32 The motion was seconded.
33
34 The motion carried by the following vote:
35 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
36 Nays: None (0)
37 Absent: Sidhu (1)
38
39 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
40 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY FLOOD CONTROL
41 ZONE DISTRICT AND WHATCOM CONSERVATION DISTRICT TO PROVIDE
42 ADDITIONAL FUNDING AND TO EXTEND THE PERIOD OF PERFORMANCE TO
43 SUPPORT THE WHATCOM COUNTY POLLUTION IDENTIFICATION AND
44 CORRECTION PROGRAM, IN THE AMOUNT OF $181,700, FOR A TOTAL
45 AMENDED CONTRACT AMOUNT OF $535,066 (COUNCIL ACTING AS THE
46 WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF
47 SUPERVISORS) (AB2018 -167)
48
49 Byrd reported for the Finance and Administrative Services Committee and moved to
50 adopt the ordinance.
51
52
Regular County Council Meeting, 6/5/2018, Page 7
The motion carried by the following
Ayes: Ballew, Brenner, Browne,
Nays: None (0)
Absent: Sidhu (1)
vote:
Buchanan, Byrd, and Donovan (6)
S. RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ACT AS THE
AUTHORIZED REPRESENTATIVE ON BEHALF OF WHATCOM COUNTY FOR
WASHINGTON STATE RECREATION AND CONSERVATION OFFICE
WASHINGTON WILDLIFE AND RECREATION FARMLAND PRESERVATION
PROJECT GRANTS (AB2018 -168)
Byrd 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)
6. REQUEST AUTHORIZATION FOR APPROVAL OF PUD NO. 1'S REQUEST FOR
EDI FUNDING IN THE AMOUNT OF $1.6 MILLION AS RECOMMENDED BY THE
EDI BOARD IN SUPPORT OF THE GRANDVIEW /NORTHGATE WATER SUPPLY
PIPELINE PROJECT, AS A LOAN IN THE AMOUNT OF $800,000, AND A GRANT
IN THE AMOUNT OF $800,000 (AB2018 -169)
Byrd 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)
EXECUTIVE APPOINTMENTS TO BOARDS. COMMISSIONS. AND COMM
1.
2.
REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S REAPPOINTMENT
OF GEORGIANN DUSTIN, SHIRLEY FORSLOF, AND JOAN FORTUNE TO THE
NORTHWEST SENIOR SERVICES BOARD (AB2018 -175)
Donovan moved to confirm the appointments.
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)
REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
COLLIN VAN SLYKE TO THE DEVELOPMENT STANDARDS TECHNICAL
ADVISORY COMMITTEE (AB2018 -176)
Regular County Council Meeting, 6/5/2018, Page 8
1
Buchanan moved to confirm the appointment.
2
3
The motion was seconded.
4
5
The motion carried by the following vote:
6
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
7
Nays: None (0)
8
Absent: Sidhu (1)
9
10
11
INTRODUCTION ITEMS
12
13
Brenner moved to accept the Introduction Items.
14
15
The motion was seconded.
16
17
The motion carried by the following vote:
18
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Donovan (6)
19
Nays: None (0)
20
Absent: Sidhu (1)
21
22
1.
RESOLUTION AUTHORIZING USE AND ESTABLISHING EXPENDITURE
23
AUTHORITY FOR POINT ROBERTS TRANSPORTATION BENEFIT DISTRICT
24
TAX REVENUE FUNDS FOR TYEE DRIVE STREETSCAPE CORRIDOR
25
LANDSCAPE MAINTENANCE (COUNCIL ACTING AS THE GOVERNING BODY
26
FOR THE POINT ROBERTS BENEFIT DISTRICT) (AB2018 -174)
27
28
2.
ORDINANCE ADOPTING AMENDMENTS TO THE POINT ROBERTS AND WISER
29
LAKE LAMIRD REQUIREMENTS (AB2018 -177)
30
31
3.
ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, EIGHTH
32
REQUEST, IN THE AMOUNT OF $44,642 (AB2018 -178)
33
34
4.
ORDINANCE AMENDMENT NO. 1 TO ORDINANCE NO. 2017 -046
35
ESTABLISHING THE TRIAGE CENTER EXPANSION FUND AND ESTABLISHING
36
A PROJECT BASED BUDGET FOR THE TRIAGE CENTER EXPANSION PROJECT
37
(AB2018 -179)
38
39
S.
ORDINANCE AUTHORIZING AN INTERFUND LOAN TO CONTINUE FINANCING
40
OF CENTRAL PLAZA BUILDING (AB2018 -180)
41
42
43
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
44
45
Committee chairs reported on committee discussions.
46
47
Councilmembers gave updates on recent activities and upcoming events.
48
49
50
Regular County Council Meeting, 6/5/2018, Page 9
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ADJOURN
The meeting adjourned at 10:30 p.m.
The County Council approved these minutes on June 19, 2018.
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Rud Orowne, Council Chair
Regular County Council Meeting, 6/5/2018, Page 10