HomeMy WebLinkAboutCounty Council September 25 20181
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WHATCOM COUNTY COUNCIL
Regular County Council Meeting
September 25, 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
MINUTES CONSENT
Brenner moved to approve the Minutes Consent items.
The motion was seconded.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
Nays: None (0)
1. COMMITTEE OF THE WHOLE FOR SEPTEMBER 11, 2018
2. SPECIAL COMMITTEE OF THE WHOLE FOR SEPTEMBER 11, 2018
3. REGULAR COUNTY COUNCIL FOR SEPTEMBER 11, 2018
PUBLIC HEARINGS
1. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS
PROPERTY PURSUANT TO WHATCOM COUNTY CODE 1.10 (AB2018 -211A)
Browne opened the public hearing, and hearing no one, closed the public hearing.
Brenner moved to approve the resolution.
The motion was seconded.
Regular County Council Meeting, 9/25/2018, Page 1
1 The motion carried by the following vote:
2 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
3 Nays: None (0)
4
5
6 OTHER ITEMS
7
8 Councilmembers discussed asking speakers to identify whether they live and /or work
9 in Whatcom County.
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11
12 PUBLIC HEARINGS
13
14 2. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
15 COMPREHENSIVE PLAN AND WHATCOM COUNTY CODE TITLE 24, HEALTH
16 CODE (RELATING TO WATER RESOURCES AND THE IMPLEMENTATION OF
17 ESSB 6091) (AB2018 -253)
18
19 Browne opened the public hearing, and the following people spoke:
20
21 Kathy Sabel spoke about the requirements outlined in the ordinance and the
22 definitions.
23
24 Mark Personius, Planning and Development Services Department Director, gave a
25 staff report and answered questions on changes from the Planning Commission.
26
27 Hearing no one else, Brown closed the public hearing.
28
29 Buchanan moved to adopt the ordinance.
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31 The motion was seconded.
32
33 The motion carried by the following vote:
34 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
35 Nays: None (0)
36
37 3. REQUEST FOR PUBLIC COMMENT AND COUNCIL ACTION ON A REQUEST TO
38 AUTHORIZE THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL
39 AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM
40 TO PURCHASE INCLEMENT WEATHER PROTECTIVE GEAR FROM FUNDS
41 PROVIDED BY THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
42 GRANT PROGRAM, IN THE AMOUNT OF $13,223 (AB2018 -257)
43
44 Browne opened the public hearing, and hearing no one, closed the public hearing.
45
46 Donovan moved to approve the request.
47
48 The motion was seconded.
49
50 The motion carried by the following vote:
51 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
52 Nays: None (0)
53
Regular County Council Meeting, 9/25/2018, Page 2
1 4. RESOLUTION APPROVING THE WHATCOM COUNTY SIX -YEAR
2 TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2019
3 THROUGH 2024 (AB2018 -250)
4
5 Joe Rutan, Public Works Department, gave a staff report and answered questions
6 about the costs associated with an electric ferry.
7
8 Browne opened the public hearing, and the following person spoke:
9
10 Darren Nienaber spoke about six -year growth in the County.
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12 Hearing no one else, Browne closed the public hearing.
13
14 Byrd moved to approve the resolution.
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16 The motion was seconded.
17
18 The motion carried by the following vote:
19 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
20 Nays: None (0)
21
22
23 OPEN SESSION
24
25 The following people spoke:
26 • Steve Hood, Department of Ecology, spoke about the South Fork Nooksack
27 total maximum daily load (TMDL).
28 • Kathy Sabel spoke about water resource protection and metering in
29 Whatcom County.
30 • Briann Hullford spoke about the Homes Now Unity Village project.
31 0 Leo Cornelson spoke about the Homes Now Unity Village project.
32 • Bill Holt, Laborer's Local 292 Member, spoke about regulations regarding
33 Cherry Point industries.
34 • Trevor Smith, Laborer's Local 292 Member, spoke about regulations
35 regarding Cherry Point industries.
36 • Hannah Holt, Laborer's Local 292 Member, spoke about regulations regarding
37 Cherry Point industries.
38 0 Mannie Canales, Laborer's Local 292 Member, spoke about regulations
39 regarding Cherry Point industries.
40 • Jim Rorabaugh, Laborer's Local 292 Member, spoke about regulations
41 regarding Cherry Point industries.
42 0 Donna Lentz spoke about the Homes Now Unity Village project.
43 • Max Perry spoke about the discussion regarding preliminary draft
44 Comprehensive Plan and zoning amendments - Cherry Point (AB2018 -076D)
45 • Carole Perry spoke about water resources planning and the problems with
46 grant money from the Puget Sound Partnership.
47 0 Luis Aragion, Laborer's Local 292 Member, spoke about regulations regarding
48 Cherry Point industries.
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51
Regular County Council Meeting, 9/25/2018, Page 3
1 CONSENT AGENDA
2
3 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
4 GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON
5 STATE DEPARTMENT OF ECOLOGY TO FUND ADMINISTRATIVE SUPPORT
6 AND ACTION PROJECTS FOR THE WHATCOM COUNTY MARINE RESOURCES
7 COMMITTEE THROUGH THE PERIOD OF OCTOBER 1, 2018, THROUGH
8 SEPTEMBER 30, 2019, IN THE AMOUNT OF $75,000 (AB2018 -265)
9
10 Sidhu reported for the Finance and Administrative Services Committee and moved
11 to approve Consent Agenda item one. Item two was withdrawn.
12
13 The motion to approve Consent Agenda item one carried by the following vote:
14 Ayes: Ballew, Brenner, Browne, Buchanan, Donovan, and Sidhu (6)
15 Nays: None (0)
16 Absent: Byrd (out of the room) (1)
17
18 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
19 PROPERTY USE AGREEMENT BETWEEN WHATCOM COUNTY AND WHATCOM
20 TRANSIT AUTHORITY (WTA) TO PROVIDE LIMITED AUTHORITY FOR WTA TO
21 INSTALL, OPERATE, AND MAINTAIN A COVERED BUS SHELTER AT THE
22 EXISTING BUS STOP LOCATION AT LOOKOUT MOUNTAIN FOREST
23 PRESERVE, 2537 LAKE LOUISE ROAD (AB2018 -266)
24
25 This item was withdrawn from the agenda.
26
27
28 OTHER ITEMS
29
30 1. ORDINANCE ADOPTING AMENDMENTS TO THE PURCHASE OF DEVELOPMENT
31 RIGHTS (PDR) PROGRAM (AB2018 -235)
32
33 Donovan reported for the Natural Resources Committee and stated this item is held
34 in committee.
35
36 2. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, ELEVENTH
37 REQUEST, IN THE AMOUNT OF $948,010 (AB2018 -254)
38
39 Sidhu reported for the Finance and Administrative Services Committee and moved
40 to adopt the ordinance.
41
42 The motion carried by the following vote:
43 Ayes: Ballew, Brenner, Browne, Buchanan, Donovan, and Sidhu (6)
44 Nays: None (0)
45 Absent: Byrd (out of the room) (1)
46
47
48 3. RESOLUTION AMENDING THE WHATCOM COUNTY FLOOD CONTROL
49 DISTRICT AND SUBZONES 2018 BUDGET, THIRD REQUEST, IN THE AMOUNT
50 OF $86,391 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL
51 ZONE DISTRICT BOARD OF SUPERVISORS) (AB2018 -255)
52
Regular County Council Meeting, 9/25/2018, Page 4
1 Sidhu reported for the Finance and Administrative Services Committee and moved
2 to approve the resolution.
3
4 The motion carried by the following vote:
5 Ayes: Ballew, Brenner, Browne, Buchanan, Donovan, and Sidhu (6)
6 Nays: None (0)
7 Absent: Byrd (out of the room) (1)
8
9 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
10 CONTRACT BETWEEN WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT
11 AND WASHINGTON DEPARTMENT OF ECOLOGY TO PROVIDE A 6- PERSON
12 CREW TO PERFORM HABITAT RESTORATION AND WATER QUALITY WORK IN
13 THE AMOUNT OF $79,695 (COUNCIL ACTING AS THE WHATCOM COUNTY
14 FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) (AB2018 -260)
15
16 Sidhu reported for the Finance and Administrative Services Committee and moved
17 to approve the request.
18
19 The motion carried by the following vote:
20 Ayes: Ballew, Brenner, Browne, Buchanan, Donovan, and Sidhu (6)
21 Nays: None (0)
22 Absent: Byrd (out of the room) (1)
23
24 5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
25 JOINT FUNDING AGREEMENT BETWEEN WHATCOM COUNTY FLOOD
26 CONTROL ZONE DISTRICT AND U.S. GEOLOGICAL SURVEY FOR OPERATION,
27 MAINTENANCE, AND DATA REPORTING OF STREAM GAGING EQUIPMENT AT
28 EIGHT SITES IN THE NOOKSACK WATERSHED, IN THE AMOUNT OF $86,391
29 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE
30 DISTRICT BOARD OF SUPERVISORS) (AB2018 -261)
31
32 Sidhu reported for the Finance and Administrative Services Committee and moved
33 to approve the request.
34
35 The motion carried by the following vote:
36 Ayes: Ballew, Brenner, Browne, Buchanan, Donovan, and Sidhu (6)
37 Nays: None (0)
38 Absent: Byrd (out of the room) (1)
39
40 6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
41 GRANT AGREEMENT BETWEEN WHATCOM COUNTY FLOOD CONTROL ZONE
42 DISTRICT AND PUGET SOUND PARTNERSHIP TO PROVIDE FUNDS FOR THE
43 COORDINATION OF THE WHATCOM LOCAL INTEGRATING ORGANIZATION
44 FOR WATER RESOURCES PROGRAMS, THE AMOUNT OF $75,000 (COUNCIL
45 ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT
46 BOARD OF SUPERVISORS) (AB2018 -262)
47
48 Sidhu reported for the Finance and Administrative Services Committee and moved
49 to approve the request.
50
51 Councilmembers discussed the authority of the Planning Unit.
52
53
Regular County Council Meeting, 9/25/2018, Page 5
1 The motion carried by the following vote:
2 Ayes: Ballew, Browne, Buchanan, Donovan, and Sidhu (5)
3 Nays: Brenner (1)
4 Absent: Byrd (out of the room) (1)
5
6 7. REQUEST AUTHORIZATION FOR THE FLOOD CONTROL ZONE DISTRICT TO
7 APPROVE THE NORTH COTTONWOOD STORMWATER IMPROVEMENTS —
8 HAZEL LANE AS A 2018 CAPITAL IMPROVEMENT PROJECT AND AUTHORIZE
9 THE COUNTY EXECUTIVE TO AWARD BID #18 -44 FOR THE NORTH
10 COTTONWOOD STORMWATER IMPROVEMENTS HAZEL LANE PROJECT TO
11 LOW BIDDER STRIDER CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF
12 $279,435 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL
13 ZONE DISTRICT BOARD OF SUPERVISORS) (AB2018 -263)
14
15 Sidhu reported for the Finance and Administrative Services Committee and moved
16 to approve the request.
17
18 The motion carried by the following vote:
19 Ayes: Ballew, Brenner, Browne, Buchanan, Donovan, and Sidhu (6)
20 Nays: None (0)
21 Absent: Byrd (out of the room) (1)
22
23 S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
24 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY FLOOD CONTROL
25 ZONE DISTRICT AND TETRA TECH, INC. TO PROVIDE SUPPLEMENTAL
26 ENGINEERING DESIGN SERVICES TO ACCOMMODATE A REVISED PROJECT
27 AREA FOR THE BIRCH BAY DRIVE OUTFALL IMPROVEMENT PROJECT, IN THE
28 AMOUNT OF $18,468, FOR A TOTAL AMENDED CONTRACT AMOUNT OF
29 $102,278 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL
30 ZONE DISTRICT BOARD OF SUPERVISORS) (AB2018 -264)
31
32 Sidhu reported for the Finance and Administrative Services Committee and moved
33 to approve the request.
34
35 The motion carried by the following vote:
36 Ayes: Ballew, Brenner, Browne, Buchanan, Donovan, and Sidhu (6)
37 Nays: None (0)
38 Absent: Byrd (out of the room) (1)
39
40 COUNCIL APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
41
42 1. APPOINTMENT TO FILL VACANCY ON THE BUSINESS AND COMMERCE
43 ADVISORY COMMITTEE (FOR- PROFIT ENTITY IN RECREATION
44 REPRESENTATIVE), APPLICANT: CLARK CAMPBELL (AB2018 -239)
45
46 Donovan moved to appoint Clark Campbell.
47
48 The motion was seconded.
49
50 The motion carried by the following vote:
51 Ayes: Ballew, Brenner, Browne, Buchanan, Donovan, and Sidhu (6)
52 Nays: None (0)
53 Absent: Byrd (out of the room) (1)
Regular County Council Meeting, 9/25/2018, Page 6
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EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
LYNNE GRAHAM AND ANDREA VANCE TO THE WHATCOM COUNTY
VETERAN'S ADVISORY BOARD (AB2018 -267)
Buchanan moved to confirm the appointment.
The motion was seconded.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Donovan, and Sidhu (6)
Nays: None (0)
Absent: Byrd (out of the room) (1)
INTRODUCTION ITEMS
Brenner moved to accept the Introduction Items.
The motion was seconded.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Donovan, and Sidhu (6)
Nays: None (0)
Absent: Byrd (out of the room) (1)
1. RECEIPT OF APPLICATION TO FILL VACANCY ON THE WHATCOM COUNTY
LAKE WHATCOM STORMWATER UTILITY ADVISORY COMMITTEE
(GEOGRAPHIC REPRESENTATIVE), APPLICANT: NANCY ALYANAK
(COMMITTEE ADVISES THE WHATCOM COUNTY COUNCIL AND THE PUBLIC
WORKS STAFF ON RECOMMENDED RATE STRUCTURE OPTIONS AND
FUNDING MECHANISM FOR THE LAKE WHATCOM STORMWATER UTILITY
RATE STRUCTURE) (APPLICATION DEADLINE FOR ANY OTHER APPLICANTS
IS 10 A.M. OCTOBER 2, 2018)
(AB2018 -258)
2. RESOLUTION ADOPTING THE SIX -YEAR WATER RESOURCES IMPROVEMENT
PROGRAM FOR THE YEARS 2019 -2024 (COUNCIL ACTING AS THE WHATCOM
COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS)
(AB2018 -268)
3. ORDINANCE ESTABLISHING THE FINANCIAL SYSTEM SOFTWARE FUND AND
ESTABLISHING A PROJECT BASED BUDGET TO REPLACE THE FINANCIAL
SYSTEM SOFTWARE (AB2018 -269)
4. ORDINANCE CLOSING TELECOMMUNICATIONS SYSTEM REPLACEMENT FUND
351 (AB2018 -270)
S. ORDINANCE AMENDING PROJECT BUDGET NO. 2 (JAIL IMPROVEMENT
PROJECT, AS ESTABLISHED THROUGH ORDINANCE 2011 -031), THIRD
Regular County Council Meeting, 9/25/2018, Page 7
1 REQUEST, IN THE AMOUNT OF $4,589,000, FOR A TOTAL PROJECT BUDGET
2 OF $8,367,000 (AB2018 -271)
3
4 6. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, TWELFTH
5 REQUEST, IN THE AMOUNT OF $136,027 (AB2018 -272)
6
7
8 COMMITTEE REPORTS OTHER ITEMS AND COUNCILMEMBER UPDATES
9
10 Councilmembers gave updates on committee reports, recent activities, and upcoming
11 events.
12
13 UPDATE FROM WHATCOM COUNTY SHERIFF BILL ELFO REGARDING JAIL
14 POPULATION DURING FACILITY REPAIRS (AB2018 -275)
15
16 Buchanan reported for the Criminal Justice and Safety Committee and moved to
17 support engagement of professional services to study and recommend solutions for housing
18 the jail population during repairs.
19
20 The motion was seconded.
21
22 The motion carried by the following vote:
23 Ayes: Ballew, Brenner, Browne, Buchanan, Donovan, and Sidhu (6)
24 Nays: None (0)
25 Absent: Byrd (out of the room) (1)
26
27 Jack Louws, County Executive, reported on the additional services requests for the
28 2019 -2020 biennial budget.
29
30 DISCUSSION REGARDING PRELIMINARY DRAFT COMPREHENSIVE PLAN AND
31 ZONING AMENDMENTS — CHERRY POINT (AB2018 -076D)
32
33 Browne reported for the Special Committee of the Whole meeting on a draft letter to
34 send to industries at Cherry Point with an attached list of questions, as presented in
35 Committee.
36
37 Donovan moved to amend the list to delete language, "Are there any etheF
38 e; w ;ieh... and/er „finHi 9 �„
:
39
40 The motion was seconded.
41
42 Councilmembers discussed the motion.
43
44 Donovan moved to call the question.
45
46 The motion to call the question was seconded.
47
48 The motion to call the question carried by the following vote:
49 Ayes: Ballew, Brenner, Browne, Buchanan, Donovan, and Sidhu (6)
50 Nays: None (0)
51 Absent: Byrd (out of the room) (1)
52
53 The motion to amend the list of questions failed by the following vote:
Regular County Council Meeting, 9/25/2018, Page 8
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Ayes: Buchanan, Donovan, and Sidhu (3)
Nays: Ballew, Browne, and Brenner (3)
Absent: Byrd (out of the room) (1)
Browne read into the record the draft cover letter for the list of questions.
Buchanan moved to send the letter and list of questions.
The motion was seconded.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Donovan, and Sidhu (6)
Nays: None (0)
Absent: Byrd (out of the room) (1)
Browne moved to amend the Council meeting public testimony process to ask
people to identify their residency.
Councilmembers discussed the motion.
The motion was seconded.
Councilmembers concurred to allow the Clerk to look into appropriate language.
Browne withdrew the motion.
ADJOURN
The meeting adjourned at 8:40 p.m.
The County Council approved these minutes on October 9, 2018.
ATTEST,
Dar. Br6W Davis Couhcil Clerk
Jill Nixon, Minutes Transcription
WHAT M CO NTY COUNCIL
WHA C M C U TY, WASHINGTON
Ru Browne, Council Chair
Regular County Council Meeting, 9/25/2018, Page 9