HomeMy WebLinkAboutCounty Council May 8 20181 WHATCOM COUNTY COUNCIL
2 Regular County Council Meeting
3
4 May 8, 2018
5 CALL TO ORDER
6
7 Council Chair Rud Browne called the meeting to order at 7:03 p.m. in the Council
8 Chambers, 311 Grand Avenue, Bellingham, Washington.
9
10
11 ROLL CALL
12
13 Present: Barbara Brenner, Rud Browne, Barry Buchanan, Tyler Byrd, Todd
14 Donovan, and Satpal Sidhu.
15 Absent: Tim Ballew
16
17
18 FLAG SALUTE
19
20
21 ANNOUNCEMENTS
22
23
24 SPECIAL PRESENTATION
25
26 1. BEHAVIORAL HEALTH ADVISORY COMMITTEE TO PRESENT THE 2017
27 ANNUAL REPORT ON SERVICES AND EXPENDITURES OF THE BEHAVIORAL
28 HEALTH PROGRAM FUND (AB2018 -148)
29
30 Chris Phillips, Behavioral Health Advisory Board Chair, presented the annual report
31 on the expenditure of local dollars. He described the different programs that receive
32 funding from the behavioral health fund. There are extra dollars that could be spent in
33 different ways, including support of the Health Department's work, the new ground -level
34 response and coordinated engagement (GRACE) initiative, and the new triage center.
35
36 Anne Deacon, Health Department, answered questions.
37
38 Deacon and councilmembers discussed the possibility of increased services at the
39 East County Regional Resource Center, how to allow people to live in recreational vehicles
40 (RVs), and access to behavioral health services.
41
42
43 MINUTES CONSENT
44
45 Buchanan moved to approve the Minutes Consent items one through five, including
46 the substitute page for item one.
47
48 The motion was seconded.
49
50 The motion carried by the following vote:
51 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (6)
52 Nays: None (0)
53 Absent: Ballew (1)
Regular County Council Meeting, 5/8/2018, Page 1
1
2 1. SURFACE WATER WORK SESSION FOR APRIL 17, 2018
3
4 2. COMMITTEE OF THE WHOLE FOR APRIL 24, 2018
5
6 3. SPECIAL COMMITTEE OF THE WHOLE (AM) FOR APRIL 24, 2018
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8 4. SPECIAL COMMITTEE OF THE WHOLE (PM) FOR APRIL 24, 2018
9
10 S. REGULAR COUNTY COUNCIL FOR APRIL 24, 2018
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12
13 PUBLIC HEARINGS
14
15 1. ORDINANCE ESTABLISHING A 25 MPH SPEED LIMIT ON CERTAIN BIRCH
16 BAY AREA ROADS (AB2018 -137)
17
18 Browne opened the public hearing, and the following people spoke:
19
20 Billy Brown, Birch Bay Chamber of Commerce, stated he supports the speed limit on
21 certain roads in Birch Bay.
22
23 Patrick Alesse stated an option should be a speed limit of 20 miles per hour.
24
25 Doralee Booth, Birch Bay Chamber of Commerce, described the history of speed
26 limits in the Birch Bay area and stated she supports the speed limits on certain roads in
27 Birch Bay.
28
29 Hearing no one else, Browne closed the public hearing.
30
31 Buchanan moved to adopt the ordinance.
32
33 The motion was seconded.
34
35 Councilmembers discussed allowing more time to inform the public and ensuring
36 safety.
37
38 Brenner moved to hold for two weeks and continue the public hearing.
39
40 The motion was seconded.
41
42 Councilmembers discussed whether or not to delay the decision to a future meeting.
43
44 Joe Rutan, Public Works Department, answered questions about the current speed
45 limits on the designated roads.
46
47 The motion to postpone for two weeks carried by the following vote:
48 Ayes: Brenner, Buchanan, Donovan, and Sidhu (4)
49 Nays: Browne and Byrd (2)
50 Absent: Ballew (1)
51
52 2. ORDINANCE CREATING A " "GOLF CART ZONE" ON CERTAIN ROADS IN THE
53 BIRCH BAY AREA (AB2018 -125)
Regular County Council Meeting, 5/8/2018, Page 2
1
2 Buchanan moved to postpone the public hearing for two weeks.
3
4 The motion was seconded.
5
6 Councilmembers discussed leaving the public hearing open for two weeks.
7
8 Buchanan withdrew the motion to postpone.
9
10 Browne opened the public hearing, and the following people spoke:
11
12 Patrick Alesse stated golf carts should be in the automobile lanes, not the hiking and
13 biking lanes, which should be wider.
14
15 Joe Rutan, Public Works Department, and councilmembers discussed the ability to
16 adjust lane widths.
17
18 Kelvin Barton stated he supports the ordinance.
19
20 Doralee Booth described the history of speed limits on Birch Bay Drive and the
21 various types of users along the road.
22
23 Billy Brown described the history of the community's request.
24
25 Mike Kaufman stated eliminate or reduce the need to drive big vehicles and
26 encourage alternative travel lanes. Fund alternative travel options.
27
28 Hearing no one else, Browne stated the public hearing is held open for another two
29 weeks.
30
31 Donovan moved to hold in Council for two weeks.
32
33 The motion was seconded.
34
35 The motion carried by the following vote:
36 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (6)
37 Nays: None (0)
38 Absent: Ballew (1)
39
40 3. ORDINANCE REPEALING ORDINANCE NOS. 2018 -001 AND 2018 -005 AND
41 ADOPTING AMENDMENTS TO THE WHATCOM COUNTY COMPREHENSIVE
42 PLAN AND THE WHATCOM COUNTY CODE TITLE 15 BUILDINGS AND
43 CONSTRUCTION, TITLE 20 ZONING, TITLE 21 LAND DIVISION
44 REGULATIONS, AND TITLE 24 HEALTH CODE, RELATING TO WATER
45 RESOURCES AND IMPLEMENTING ESSB 6091 (AB2018 -129)
46
47 Browne opened the public hearing, and the following people spoke:
48
49 Roger Almskaar submitted a handout (on file) and stated the County Code conflicts
50 with the Coordinated Water Supply Plan (CWSP) and suggested adding an exception to the
51 requirement for public water because the rule is arbitrary.
52
Regular County Council Meeting, 5/8/2018, Page 3
1 John Wolpers, Health Department, answered questions about requirements to hook
2 up to public water when possible.
3
4 Councilmembers discussed the cost of hooking up to a public water supply.
5
6 John Mercer, Planning Unit nongovernment water users caucus representative,
7 stated he has no objection to the ordinance, but objects to last minute changes without
8 review. He answered questions on requirements to hook up to a public water supply.
9
10 Dave Olsen, representative of a number of water utilities, submitted handouts (on
11 file) and stated there will be impacts to last minute changes that may be approved without
12 any review. He answered questions about the review process and planning effort that has
13 gone into their water plans.
14
15 Ellen Baker, Glacier Water District, stated the CWSP includes a section for dispute
16 resolution. She stated she agrees with the two previous speakers and stay within the
17 current Health Department regulations and the current water supply plans. She answered
18 questions about whether any districts allow an exception if they agree to hook up when a
19 line is eventually extended.
20
21 Gary Honcoop described his experience on a water association waiting list.
22
23 Hearing no one else, Browne closed the public hearing.
24
25 Brenner moved to hold this item and refer to the Water Utility Coordinating
26 Committee (WUCC) to get more information.
27
28 The following staff answered questions:
29 . Mark Personius, Planning and Development Services Department
30 0 Karen Frakes, Prosecutor's Office
31 . Tyler Schroeder, Executive's Office
32
33 Staff and councilmembers discussed getting compliance with recent legislation and
34 the Growth Management Act (GMA) and the consequences of not being in compliance;
35 adding a Whereas statement about the decision of the Court of Appeals; whether Whatcom
36 County is the initiating government; specifying the amount of the application fee; the
37 perspective of the landowners who are at the periphery of the service district and are
38 effectively asked to fund the infrastructure; the need of the water district to somehow
39 recover the cost of the infrastructure; describing the Planning Unit first, not last, in certain
40 sections of the Comprehensive Plan; the roles and structure of the initiating governments,
41 Watershed Planning Board, County Council, and Planning Unit.
42
43 Brenner amended the motion to hold the question from Mr. Almskaar regarding
44 the problems created by people who are more than 500 feet away from a water main.
45
46 The motion was seconded.
47
48 The motion failed by the following vote:
49 Ayes: Brenner and Byrd (2)
50 Nays: Browne, Buchanan, Donovan, and Sidhu (4)
51 Absent: Ballew (1)
52
53 Buchanan moved to adopt the ordinance.
Regular County Council Meeting, 5/8/2018, Page 4
1
2 The motion was seconded.
3
4 Councilmembers discussed the impact of delaying the decision and whether adopting
5 the ordinance now or delaying another six or 12 months would have any impact on the
6 Engrossed Substitute Senate Bill (ESSB) 6091 process, wells, or current development.
7
8 The motion carried by the following vote:
9 Ayes: Browne, Buchanan, Donovan, and Sidhu (4)
10 Nays: Brenner and Byrd (2)
11 Absent: Ballew (1)
12
13 (Clerk's Note: Discussion continued at the end of the meeting.)
14
15 (Clerk's Note: The Council took a break 9:38 — 9 :48 p.m.)
16
17
18 OPEN SESSION
19
20 The following people spoke:
21 Ellen Baker submitted a handout (on file) and spoke about a comment from
22 the County Executive that resolutions are meaningless.
23 Kathy Sabel submitted handouts (on file) and spoke about the Planning Unit
24 and Watershed Management Board meetings and the water resources
25 inventory area (WRIA) 1 structure and process.
26 Jim Peterson, HomesNOW, spoke about the HomesNOW projects to build
27 temporary homeless housing and to provide mobile trucks with showers for
28 the homeless.
29 Ken Calder spoke about delaying introduction of the ordinance regarding solid
30 waste collection in Point Roberts.
31 Joy Gilfilen spoke about the conflict and imbalance in the County Charter
32 between the legislative and executive branches and the amount of people in
33 the jail system in the United States.
34 Mike Kaufman spoke about jail issues and community behavioral health
35 issues.
36 Dana Briggs spoke about getting an accurate count of the number of
37 homeless people in Whatcom County.
38 Jenny Ablondi spoke about the expansion of the East Whatcom Regional
39 Resource Center.
40 Ivy Little spoke about the expansion of the East Whatcom Regional Resource
41 Center.
42 Dave Onkels spoke about the proposed resolution recognizing the roles and
43 duties of various water resources inventory area (WRIA) 1 watershed
44 planning groups (AB2018 -114) and certain meetings that weren't published or
45 open to the public.
46 Carole Perry spoke about the WRIA 1 planning process structure.
47 Gary Honcoop spoke about the Planning Commission's need for expertise on
48 various issues.
49 Tony Freeland stated he is an applicant for the Planning Commission vacancy
50 and spoke about his background and qualifications.
51
52
Regular County Council Meeting, 5/8/2018, Page 5
1 CONSENT AGENDA
2
3 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE THE
4 PURCHASE, USING WASHINGTON STATE CONTRACT #00816, OF A
5 REPLACEMENT LOWBOY TRAILER FROM VENDOR PAPE MACHINERY, INC., IN
6 THE AMOUNT OF $89,526.76 (AB2018 -144)
7
8 Sidhu reported for the Finance and Administrative Services Committee and stated
9 this item is held in committee.
10
11
12 OTHER ITEMS
13
14 1. RESOLUTION RECOGNIZING THE ROLES AND DUTIES OF WHATCOM
15 COUNTY, THE WRIA 1 PLANNING UNIT, AND THE WRIA 1 INITIATING
16 GOVERNMENTS REGARDING WATER RESOURCES PLANNING UNDER RCW
17 90.82 AND ESSB 6091 (AB2018 -114)
18
19 Browne reported for the Special Committee of the Whole (A.M.) meeting and stated
20 this comes forward with no recommendation from the Committee of the Whole.
21
22 Brenner moved to approve the resolution as originally proposed by
23 Councilmembers Brenner and Byrd.
24
25 The motion was seconded.
26
27 Councilmembers spoke about whether or not the resolution is necessary to define
28 and clarify the role of the Planning Unit and structure of the water resources inventory area
29 (WRIA) 1 planning process.
30
31 The motion carried by the following vote:
32 Ayes: Buchanan, Donovan, Brenner and Byrd (4)
33 Nays: Browne and Sidhu (2)
34 Absent: Ballew (1)
35
36 2. ORDINANCE AMENDING WHATCOM COUNTY CODE 1.08, INITIATIVES,
37 REFERENDUM, AND RECALL, TO REFLECT CHANGES APPROVED BY THE
38 VOTERS (AB2018 -134)
39
40 Debbie Adelstein, County Auditor, gave a staff report.
41
42 Sidhu moved to adopt the ordinance.
43
44 The motion was seconded.
45
46 The motion carried by the following vote:
47 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (6)
48 Nays: None (0)
49 Absent: Ballew (1)
50
51 3. REVIEW AND APPROVAL OF DRAFT PUBLIC PARTICIPATION PLAN FOR
52 WHATCOM COUNTY COMPREHENSIVE PLAN AND DEVELOPMENT
53 REGULATION AMENDMENTS (AB2018 -147)
Regular County Council Meeting, 5/8/2018, Page 6
1
2 Browne reported for the Special Committee of the Whole (P.M.) meeting.
3
4 Sidhu moved to approve the public participation plan.
5
6 The motion was seconded.
7
8 Councilmembers discussed the public participation plan versus the merits of the
9 proposed amendments to the Comprehensive Plan and development regulations.
10
11 The motion carried by the following vote:
12 Ayes: Browne, Buchanan, Byrd, Donovan, and Sidhu (5)
13 Nays: Brenner (1)
14 Absent: Ballew (1)
15
16 4. RESOLUTION AUTHORIZING THE ALLOCATION OF REET I FUNDING TO
17 SUPPORT THE CONSTRUCTION OF A MULTI -USE BUILDING EXPANSION AT
18 THE EAST WHATCOM REGIONAL RESOURCE CENTER (AB2018 -131)
19
20 Buchanan reported for the Special Committee of the Whole - P.M. meeting and
21 stated this item is held in committee for four weeks for more information from the
22 administration. He moved to hold in Committee.
23
24 The motion was seconded.
25
26 The motion carried by the following vote:
27 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (6)
28 Nays: None (0)
29 Absent: Ballew (1)
30
31
32 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
33
34 1. APPOINTMENT TO THE WHATCOM COUNTY PLANNING COMMISSION,
35 PARTIAL TERM ENDING JANUARY 31, 2021, REPRESENTING DISTRICT 1,
36 APPLICANTS: TONY FREELAND, KIMBERLEY LUND (AB2018 -133)
37
38 Buchanan nominated Tony Freeland and Kimberly Lund.
39
40 Councilmembers spoke about the qualifications of the applicants.
41
42 The councilmembers voted as follows:
43 Lund: Browne, Buchanan, and Donovan (3)
44 Freelund: Brenner, Byrd, and Sidhu (3)
45
46 Browne stated they would hold the vote for two weeks and not accept any more
47 applications.
48
49 The Council concurred by general consent.
50
51 2. APPOINTMENTS TO THE WHATCOM COUNTY LAKE WHATCOM STORMWATER
52 UTILITY ADVISORY COMMITTEE, APPLICANTS: LAURENCE BROWN, JOSEPH
Regular County Council Meeting, 5/8/2018, Page 7
1 BALDWIN, CHRIS KELLER, PETER DOBEY, NANCY ALYANAK, ENOCH LEDET,
2 HARRY (SKIP) JOHNSEN, TODD CITRON, THOMAS DALES (AB2018 -140)
3
4 Buchanan nominated all applicants.
5
6 Sudden Vglley Position
7
8
9
10
11
Applicants
Barry
Buchanan
Barbara
Brenner
Rud
Browne
Todd
Donovan
Tyler
Bvrd
Satpal
Sidhu
Total
Nancy Alyanak
X
X
0
Joseph Baldwin
X
0
Laurence Brown
X
X
X
X
4
Todd Citron
X
X
X
X
0
Thomas Dales
X
X
X
X
0
Peter Dobey
0
Harry (Skip) Johnsen
X
X
X
X
X
X
0
Chris Keller
0
Enoch Ledet
X
X
X
2
i
Nathaniel Washington
X
X
X
X
0
Geographic Positions
Applicants
Barry
Buchanan
Barbara
Brenner
Rud
Browne
Todd
Donovan
Tyler
Byrd
Satpal
Sidhu
Total
Nancy Alyanak
X
X
2
Joseph Baldwin
X
1
Laurence Brown
0
Todd Citron
X
X
X
X
4
Thomas Dales
X
X
X
X
4
Peter Dobey
0
Harry (Skip) Johnsen
X
X
X
X
X
X
6
Chris Keller
0
Enoch Ledet
X
X
X
3
Nathaniel Washington
X
X
X
X
4
Regular County Council Meeting, 5/8/2018, Page 8
1
2 Councilmembers elected Laurence Brown to the Sudden Valley position and Citron, Dales,
3 Johnson, and Washington to the geographic positions.
4
5
6 EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
7
8
1.
REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S REAPPOINTMENT
9
OF BRENT WALKER AND DUNHAM GOODING TO THE BELLINGHAM-
10
WHATCOM PUBLIC FACILITIES DISTRICT (AB2018 -149)
11
12
Donovan moved to confirm the reappointments.
13
14
The motion was seconded.
15
16
The motion carried by the following vote:
17
Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (6)
18
Nays: None (0)
19
Absent: Ballew (1)
20
21
22
INTRODUCTION ITEMS
23
24
Buchanan moved to accept Introduction Items one through eight.
25
26
Brenner withdrew item four.
27
28
The motion was seconded.
29
30
The motion to Introduce items one through three and five through eight carried by
31
the following vote:
32
Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (6)
33
Nays: None (0)
34
Absent: Ballew (1)
35
36
1.
ORDINANCE AMENDING WHATCOM COUNTY CODE 15.04, BUILDING CODES,
37
REGARDING FEE FOR APPEALS TO COUNTY COUNCIL (AB2018 -142)
38
39
2.
ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, SEVENTH
40
REQUEST, IN THE AMOUNT OF $1,861,232 (AB2018 -150)
41
42
3.
ORDINANCE ESTABLISHING THE MENTAL HEALTH AND DEVELOPMENTAL
43
DISABILITIES SPECIAL REVENUE FUND (AB2018 -151)
44
45
4.
ORDINANCE AMENDING WCC 8.11 SOLID WASTE RECYCLING AND
46
COLLECTION DISTRICT AND WCC 8.10, SOLID WASTE AND RESIDENTIAL
47
RECYCLING COLLECTION REGARDING SOLID WASTE COLLECTION IN POINT
48
ROBERTS, WA (AB2018 -146)
49
50
Brenner moved to not introduce this item at this time.
51
52
The motion was seconded.
53
Regular County Council Meeting, 5/8/2018, Page 9
1 Jeff Hegedus, Health Department, answered questions.
2
3 Staff and councilmembers discussed whether there is a project or legal deadline for
4 this item.
5
6 The motion carried by the following vote:
7 Ayes: Brenner, Buchanan, Byrd, Donovan, and Sidhu (5)
8 Nays: Browne (1)
9 Absent: Ballew (1)
10
11 S. ORDINANCE CLOSING THE POTTER ROAD — SOUTH FORK BRIDGE NO. 148
12 REPLACEMENT PROJECT FUND 342 (AB2018 -152)
13
14 6. ORDINANCE CLOSING THE 2015 COUNTY ROADWAY SAFETY PROGRAM
15 FUND 355 (AB2018 -153)
16
17 7. ORDINANCE CLOSING THE CEDAR HILLS /EUCLID STORM WATER
18 IMPROVEMENTS PROJECT FUND 367 (AB2018 -154)
19
20 S. ORDINANCE ESTABLISHING WHATCOM COUNTY CODE CHAPTER 2.126,
21 CREATING THE WHATCOM COUNTY BUSINESS AND COMMERCE ADVISORY
22 COMMITTEE (AB2018 -132A)
23
24
25 COMMITTEE REPORTS OTHER ITEMS AND COUNCILMEMBER UPDATES
26
27 Browne reported for the Special Committee of the Whole meetings.
28
29 Sidhu reported for the Finance and Administrative Services Committee.
30
31 Buchanan reported for the Criminal Justice and Public Safety Committee.
32
33 Brenner reported for the Public Works and Health Committee.
34
35 Tyler Schroeder, Executive's Office, answered questions about having discussions
36 with staff regarding customer service in the Planning and Development Services Department
37 and about regulations on people living in recreational vehicles (RVs).
38
39
40 PUBLIC HEARINGS
41
42 3. ORDINANCE REPEALING ORDINANCE NOS. 2018 -001 AND 2018 -005 AND
43 ADOPTING AMENDMENTS TO THE WHATCOM COUNTY COMPREHENSIVE
44 PLAN AND THE WHATCOM COUNTY CODE TITLE 15 BUILDINGS AND
45 CONSTRUCTION, TITLE 20 ZONING, TITLE 21 LAND DIVISION
46 REGULATIONS, AND TITLE 24 HEALTH CODE, RELATING TO WATER
47 RESOURCES AND IMPLEMENTING ESSB 6091 (AB2018 -129)
48
49 Browne moved to request that staff and the Water Utility Coordinating Committee
50 work to provide recommendations to find affordable options or exceptions for people
51 seeking water within an area where they are currently required to connect to private water
52 district service.
53
Regular County Council Meeting, 5/8/2018, Page 10
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The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (6)
Nays: None (0)
Absent: Ballew (1)
Councilmembers gave updates on recent activities and upcoming events.
ADJOURN
The meeting adjourned at 11:40 p.m.
The County Council approved these minutes on June
ATTEST:. • '' I.0 •, � ';. W HAT O M
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Dana Brown rDaWii ,,,Ifounpl Clerk Rud Browne, Council Chair
Jill Nixon, Minutes Transcription
19, 2018.
.OUNTY COUNCIL
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Regular County Council Meeting, 5/8/2018, Page 11