HomeMy WebLinkAboutCounty Council November 7 20181
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
WHATCOM COUNTY COUNCIL
Regular County Council Meeting
November 7, 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
SPECIAL ORDER OF BUSINESS — INTRODUCTION ITEMS
Brenner moved to accept Introduction Items one through 17 and 19 through 21,
including the substitute for item 10. Item 18 is withdrawn from the agenda.
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. RECEIPT OF APPLICATION FOR THE WHATCOM COUNTY PLANNING
COMMISSION, APPLICANT: STEPHEN JACKSON (APPLICATION DEADLINE
FOR ANY OTHER APPLICANTS TO THIS VACANCY IS 10 A.M., NOVEMBER 13,
2018) (AB2018 -306)
2. RECEIPT OF APPLICATION FOR THE WHATCOM COUNTY LUMMI ISLAND
FERRY ADVISORY COMMITTEE, APPLICANT: JUDY OLSEN, (APPLICATION
DEADLINE FOR ANY OTHER APPLICANTS TO THIS VACANCY IS 10 A.M.,
NOVEMBER 13, 2018) (AB2018 -308)
3. RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR THE WHATCOM
COUNTY FLOOD CONTROL ZONE DISTRICT FOR 2019 (COUNCIL ACTING AS
THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF
SUPERVISORS) (AB2018 -315)
Regular County Council Meeting, 11/7/2018, Page 1
4. RESOLUTION ADOPTING THE 2019 BUDGET FOR THE WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT AND SUBZONES (COUNCIL ACTING AS THE
WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF
SUPERVISORS) (AB2018 -316)
5. RESOLUTION ADOPTING THE FINAL 2019 BUDGET OF THE POINT ROBERTS
TRANSPORTATION BENEFIT DISTRICT (AB2018 -317)
6. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR CONSERVATION
FUTURES PURPOSES FOR 2019 (AB2018 -327)
7. ORDINANCE AUTHORIZING THE LEVY OF 2019 PROPERTY TAXES FOR
COUNTY ROAD PURPOSES (AB2018 -328)
8. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTYWIDE
EMERGENCY MEDICAL PURPOSES FOR 2019 (AB2018 -329)
9. ORDINANCE LIMITING THE 2019 GENERAL FUND PROPERTY TAX LEVY
(AB2018 -330)
10. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE
PURPOSES IN WHATCOM COUNTY, WASHINGTON FOR THE YEAR OF 2019
(AB2018 -331)
11. ORDINANCE AUTHORING THE 2019 WHATCOM COUNTY UNIFIED FEE
SCHEDULE (AB2018 -332)
12. ORDINANCE ADOPTING OF THE FINAL 2019 -2020 WHATCOM COUNTY
BUDGET (AB2018 -305A)
13. ORDINANCE AMENDING THE 2018 WHATCOM COUNTY BUDGET,
FOURTEENTH REQUEST, IN THE AMOUNT OF $5,501,518 (AB2018 -318)
14. ORDINANCE ESTABLISHING THE LAW LIBRARY/ ELECTIONS REMODEL FUND
AND ESTABLISHING A PROJECT BASED BUDGET TO REMODEL THE LAW
LIBRARY/ ELECTIONS SPACE (AB2018 -319)
15. ORDINANCE AMENDING THE TRIAGE CENTER EXPANSION PROJECT BUDGET
(AS ESTABLISHED THROUGH ORDINANCE NO. 2017 -046), SECOND REQUEST
(AB2018 -320)
16. ORDINANCE ESTABLISHING THE NORTH LAKE SAMISH ROAD BRIDGE NO.
107 REPLACEMENT FUND AND ESTABLISHING A PROJECT BASED BUDGET
FOR THE NORTH LAKE SAMISH ROAD BRIDGE NO. 107 REPLACEMENT FUND,
CRP #913006 (AB2018 -321)
17. ORDINANCE ESTABLISHING THE MARINE DRIVE /LOCUST AVE. TO
ALDERWOOD AVE. RECONSTRUCTION FUND AND ESTABLISHING A PROJECT
BASED BUDGET FOR THE MARINE DRIVE /LOCUST AVE. TO ALDERWOOD
AVE. RECONSTRUCTION FUND; CRP 917001 (AB2018 -322)
Regular County Council Meeting, 11/7/2018, Page 2
18. ORDINANCE ESTABLISHING THE COUNTY MORGUE RELOCATION FUND AND
ESTABLISHING A PROJECT BASED BUDGET TO RELOCATE THE COUNTY
MORGUE (AB2018 -323)
This item was withdrawn from the agenda.
19. ORDINANCE AMENDING SILVER LAKE PARK IMPROVEMENTS PROJECT
BUDGET (ESTABLISHED THROUGH ORDINANCE 2014 -077), FIRST REQUEST
(AB2018 -324)
20. ORDINANCE ESTABLISHING THE VACTOR TRUCK STORAGE BUILDING FUND
AND ESTABLISHING A PROJECT BASED BUDGET FOR THE VACTOR TRUCK
AND EQUIPMENT STORAGE BUILDING (AB2018 -325)
21. ORDINANCE ESTABLISHING THE PUBLIC SAFETY RADIO SYSTEM FUND AND
ESTABLISHING A PROJECT BASED BUDGET TO REPLACE THE CURRENT
PUBLIC SAFETY RADIO SYSTEM (AB2018 -326)
MINUTES CONSENT
Donovan 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 OCTOBER 23, 2018
2. SPECIAL COMMITTEE OF THE WHOLE FOR OCTOBER 23, 2018
3. COUNTY COUNCIL FOR OCTOBER 23, 2018
PUBLIC HEARINGS
1. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
COMPREHENSIVE PLAN RELATING TO DENSITY CREDITS, PDRS, AND TDRS
(AB2018 -298) (Recommended motion: Forward for concurrent review. This
ordinance cannot be adopted this evening. The Council must consider
initiated comprehensive plan amendments concurrently so that the
cumulative effect of the various proposals can be evaluated. All proposed
amendments will be scheduled together for final adoption at a later date.)
Browne opened the public hearing, and hearing no one, closed the public hearing.
Brenner moved to forward for concurrent review.
The motion was seconded.
Regular County Council Meeting, 11/7/2018, Page 3
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 2. ORDINANCE AMENDING WHATCOM COUNTY CODE 24.11, DRINKING WATER
6 (AB2018 -303)
7
8 Browne opened the public hearing, and the following people spoke:
9
10 Douglas Wittinger, Deer Creek Water Association, submitted handouts (on file) and
11 spoke about delaying until the Water Utility Coordinating Committee (WUCC) gives its
12 recommendation.
13
14 Mary Kay Robinson spoke about the need to define the timely delivery of service and
15 what are reasonable costs.
16
17 Anton Karuza spoke about the power and lack of progress from his water association
18 and defining reasonableness and consistency.
19
20 Roger Almskaar, Carusa Family Representative, spoke about the family's building
21 project, the WUCC's lack of progress on this issue, and problems with the current code.
22
23 Jay Markarian, Y Squalicum Water Association Board Member, spoke about their
24 association's five year service program. He answered questions about a reasonable
25 distance for the service area.
26
27 Patrick Alesse spoke about delaying adoption and figuring out the needs of farmers
28 and houses.
29
30 Hearing no one else, Browne closed the public hearing.
31
32 Byrd moved to adopt the ordinance.
33
34 The motion was seconded.
35
36 Councilmembers discussed the possibility of adopting the ordinance as an interim,
37 the WUCC, the water associations' lack of accountability and clarity about their plans,
38 whether the Deer Creek Water Association is suffering a harm, not legislating for one
39 particular citizen, how the ordinance applies to properties without wells, the County's
40 regulatory authority over a water association, how to define what is timely and reasonable,
41 and the cost of hiring a special water attorney.
42
43 Wittinger answered questions about reviewing the application for service from the
44 Deer Creek Water Association.
45
46 Sidhu moved to hold in Council for four weeks to the December Council meeting
47 until they get more information from the WUCC and the Deer Creek Water Association,
48
49 The motion was seconded.
50
51 Councilmembers continued to discuss potential litigation and obtaining legal advice
52 from outside counsel.
53
Regular County Council Meeting, 11/7/2018, Page 4
1 Karen Frakes, Prosecutor's Office, answered questions about the process.
2
3 Browne suggested a friendly amendment to the motion: to hold and refer to
4 Committee of the Whole on December 4, and request staff and legal counsel to provide a
5 report on the correct legal process and limit of the Council's authority to regulate water
6 associations.
7
8 Sidhu accepted the friendly amendment.
9
10 The motion to hold and refer to Committee of the Whole carried by the following
11 vote:
12 Ayes: Ballew, Browne, Buchanan, Donovan, and Sidhu (5)
13 Nays: Brenner and Byrd (2)
14
15
16 OPEN SESSION
17
18 The following people spoke:
19 • Dana Riggs spoke about the proposed food system ordinance and homeless
20 issues.
21 . Ivy Little submitted a handout (on file) and spoke about increasing law
22 enforcement presence in Kendall.
23 0 Roman Pub, Laborer's Local 292, spoke about his union members.
24 • Ken Calder spoke about garbage service in Point Roberts.
25 . Alison Calder submitted a handout (on file) and spoke about garbage service
26 in Point Roberts.
27 . John Yakawich spoke about his application to the Climate Impact Advisory
28 Committee.
29 . Breanna Zamora, Laborer's Local 292, spoke about protecting Cherry Point
30 businesses and not moving too fast to protect the environment.
31 . Anna (no last name given), Laborer's Local 292, spoke about protecting
32 Cherry Point businesses.
33 . Bob Gay spoke about International Brotherhood of Electrical Workers, spoke
34 about protecting Cherry Point businesses.
35 . Adam Lambe, Laborer's Local 292, spoke about protecting Cherry Point
36 businesses.
37 • Patrick Alesse spoke about homeless services and preserving Cherry Point for
38 a future container port.
39
40
41 OTHER ITEMS
42
43 1. RESOLUTION APPROVING A SALARY SCHEDULE AND POLICIES FOR
44 UNREPRESENTED WHATCOM COUNTY EMPLOYEES, EFFECTIVE JANUARY 1
45 THROUGH DECEMBER 31, 2019 (AB2018 -309)
46
47 Sidhu reported for the Finance and Administrative Services Committee and moved
48 to approve the resolution.
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, 11/7/2018, Page 5
1
2 2. RESOLUTION ORDERING THE CANCELLATION OF ACCOUNTS RECEIVABLE
3 MORE THAN FOUR YEARS OLD (AB2018 -310)
4
5 Sidhu reported for the Finance and Administrative Services Committee and moved
6 to approve the resolution.
7
8 The motion carried by the following vote:
9 Ayes: Ballew, Brenner, Browne, Buchanan, Donovan, and Sidhu (6)
10 Nays: None (0)
11 Absent: Byrd (out of the room) (1)
12
13 3. RESOLUTION ORDERING THE CANCELLATION OF CHECKS (WARRANTS)
14 MORE THAN A YEAR OLD (AB2018 -311)
15
16 Sidhu reported for the Finance and Administrative Services Committee and moved
17 to approve the resolution.
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 4. ORDINANCE ESTABLISHING THE NORTHSHORE DRIVE /EDGEWATER LANE
25 STORMWATER IMPROVEMENTS FUND AND ESTABLISHING A PROJECT
26 BASED BUDGET FOR THE NORTHSHORE DRIVE /EDGEWATER LANE
27 STORMWATER IMPROVEMENTS FUND (AB2018 -300)
28
29 Sidhu reported for the Finance and Administrative Services Committee and moved
30 to adopt the ordinance.
31
32 The motion carried by the following vote:
33 Ayes: Ballew, Brenner, Browne, Buchanan, Donovan, and Sidhu (6)
34 Nays: None (0)
35 Absent: Byrd (out of the room) (1)
36
37 5. ORDINANCE ESTABLISHING THE E. SMITH /HANNEGAN ROAD
38 INTERSECTION IMPROVEMENTS FUND AND ESTABLISHING A PROJECT
39 BASED BUDGET FOR THE E. SMITH /HANNEGAN ROAD INTERSECTION
40 IMPROVEMENTS; CRP #914002 (AB2018 -301)
41
42 Sidhu reported for the Finance and Administrative Services Committee and moved
43 to adopt the ordinance.
44
45 Brenner moved to hold in Council until they get more information from the Public
46 Works Department.
47
48 The motion to hold was seconded.
49
50 Councilmembers discussed the benefits and problems with roundabouts versus traffic
51 signals.
52
53
Regular County Council Meeting, 11/7/2018, Page 6
1 The motion to hold in Council failed by the following vote:
2 Ayes: Brenner and Byrd (2)
3 Nays: Ballew, Browne, Buchanan, Donovan, and Sidhu (5)
4
5 Tyler Schroeder, Executive's Office, gave a staff report and answered questions.
6
7 Staff and councilmembers discussed the difference between establishing the fund
8 and project -based budget and defining the project.
9
10 The motion to adopt carried by the following vote:
11 Ayes: Ballew, Browne, Buchanan, Byrd, Donovan, and Sidhu (6)
12 Nays: Brenner (1)
13
14 6. ORDINANCE ESTABLISHING WHATCOM COUNTY CODE 2.47, CREATING A
15 WHATCOM COUNTY FOOD SYSTEM COMMITTEE INTENDED TO DRAFT,
16 IMPLEMENT AND PROVIDE OVERSIGHT FOR A COUNTY -WIDE PLAN TO
17 STRENGTHEN OUR LOCAL AND REGIONAL FOOD SYSTEM (AB2018 -302)
18
19 Brenner reported for the Public Works and Health Committee and moved to adopt
20 the ordinance.
21
22 The motion carried by the following vote:
23 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
24 Nays: None (0)
25
26 7. RESOLUTION APPROVING THE GLACIER WATER DISTRICT WATER
27 COMPREHENSIVE SYSTEM PLAN (AB2018 -307)
28
29 Brenner reported for the Public Works and Health Committee and moved to approve
30 the substitute resolution.
31
32 Tyler Schroeder, Executive's Office, answered questions.
33
34 Councilmembers discussed whether the plan has been reviewed for consistency with
35 County plans and meets requirements.
36
37 Byrd moved to hold in Council to the second meeting in January 2019 to get a
38 presentation from staff about the review process.
39
40 The motion to hold was seconded.
41
42 The motion carried by the following vote:
43 Ayes: Ballew, Browne, Buchanan, Byrd, and Sidhu (5)
44 Nays: Brenner and Donovan (2)
45
46 S. RESOLUTION APPROVING RECOMMENDATIONS ON APPLICATIONS FOR
47 OPEN SPACE CURRENT USE ASSESSMENT (AB2018 -313)
48
49 This item was withdrawn from the agenda.
50
51
52
Regular County Council Meeting, 11/7/2018, Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
COUNCIL APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
1. APPOINTMENTS TO FILL VACANCIES ON THE WHATCOM COUNTY CLIMATE
IMPACT ADVISORY COMMITTEE, APPLICANTS: ELLYN MURPHY, JOHN
YAKAWICH, SEAN SPURGIN, BENJAMIN FACKLER -ADAMS (AB2018 -289)
Buchanan nominated all applicants.
The nomination was seconded.
Ballew voted for Ellyn Murphy and John Yakawich.
Brenner voted for Ellyn Murphy and John Yakawich.
Buchanan voted for Ellyn Murphy and John Yakawich.
Byrd voted for Ellyn Murphy and John Yakawich.
Donovan voted for Ellyn Murphy and Benjamin Fackler- Adams.
Sidhu voted for Ellyn Murphy and John Yakawich.
Browne voted for Ellyn Murphy and John Yakawich.
The Council appointed Ellyn Murphy and John Yakawich.
EXECUTIVE APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
STERLING CHICK TO THE WHATCOM COUNTY PUBLIC HEALTH ADVISORY
COMMITTEE (AB2018 -314)
Donovan moved to confirm the appointment.
The motion was seconded.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
Nays: None (0)
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Committee Chairs reported on committee discussions.
Regina Delahunt, Health Department Director, answered questions regarding the
agenda item Public Health Advisory Board seeks support to move forward with a
proposal for a resolution to stand in support of immigrant families in Whatcom
County (AB2018 -312).
Councilmembers gave updates on recent activities and upcoming events.
Regular County Council Meeting, 11/7/2018, Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
ADJOURN
The meeting adjourned at 9:10 p.m.
The County Council approved these minutes on November 20, 2018.
ATTEST
n
Dana Btown= t�aVis, Council CEbrk
4 G
Jill Nixon 'MjO,�'te Th`a`n §cription
WHAT M COUPFTXY COUNCIL
WHAT, C M CO NJ, WASHINGTON
Rud Towne, Council Chair
Regular County Council Meeting, 11/7/2018, Page 9