HomeMy WebLinkAboutCouncil February 26 20191
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WHATCOM COUNTY COUNCIL
Regular County Council Meeting
February 26, 2019
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: Barbara Brenner, Rud Browne, Barry Buchanan, Tyler Byrd, Todd
Donovan, Carol Frazey, 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: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
Nays: None (0)
1. MIN2019-017 COMMITTEE OF THE WHOLE FOR FEBRUARY 12, 2019
2. MIN2019-018 REGULAR COUNTY COUNCIL FOR FEBRUARY 12, 2019
3. MIN2019-019 SPECIAL COUNTY COUNCIL FOR FEBRUARY 15, 2019
PUBLIC HEARINGS
1. AB2019-027 ORDINANCE AMENDING WHATCOM COUNTY CODE 6.04
ANIMAL CONTROL, CHAPTER 6.04.020 DEFINITIONS AND 6.04.031
ADMINISTRATION AND ENFORCEMENT
Browne opened the public hearing, and hearing no one, closed the public hearing.
Brenner moved to adopt the ordinance.
The motion was seconded.
Regular County Council Meeting, 2/26/2019, Page 1
1 Tyler Schroeder, Executive's Office, gave a staff report on animal control contracts.
2
3 The motion carried by the following vote:
4 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
5 Nays: None (0)
6
7 2. AB2019-103 ORDINANCE PROPOSING MODIFICATIONS TO WHATCOM
8 COUNTY CODE 2.27A, AQUATIC INVASIVE SPECIES (AIS)
9
10 Browne opened the public hearing, and hearing no one, closed the public hearing.
11
12 Donovan moved to adopt the ordinance.
13
14 The motion was seconded.
15
16 The motion carried by the following vote:
17 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
18 Nays: None (0)
19
20 3. AB2019-106 ORDINANCE AMENDING THE UNIFIED FEE SCHEDULE TO
21 ACCOMMODATE CHANGES TO WHATCOM COUNTY CODE 2.27A, AQUATIC
22 INVASIVE SPECIES
23
24 Browne opened the public hearing, and hearing no one, closed the public hearing.
25
26 Donovan moved to adopt the ordinance.
27
28 The motion was seconded.
29
30 The motion carried by the following vote:
31 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
32 Nays: None (0)
33
34 4. AB2019-121 ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION
35 1.14 CORRECTING CERTAIN PRECINCT BOUNDARY LINES AND PRECINCT
36 MAPS
37
38 Debbie Adelstein, County Auditor, gave a staff report and answered questions about
39 precinct population sizes, the impact of changing precincts on council districts, and when
40 the changes go into effect.
41
42 Browne opened the public hearing, and hearing no one, closed the public hearing.
43
44 Brenner moved to adopt the ordinance.
45
46 The motion was seconded.
47
48 The motion carried by the following vote:
49 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
50 Nays: None (0)
Regular County Council Meeting, 2/26/2019, Page 2
OPEN SESSION
The following people spoke:
• Bob Gay spoke about the open seat for the Planning Commission.
• Laura Anthony spoke about the resolution supporting the local resident orca
population.
• Hanna (no last name given) spoke about apprenticeship in the construction
trades.
• Trevor Smith, Labor's Local 292, spoke about the State apprenticeship
program and the open seat for the Planning Commission.
• Wendy Harris spoke about enforcement of clean air regulations at her house
and the impacts to her health.
• Heather (inaudible) spoke about shelter services in inclement weather.
• Bob Burr spoke about declaring a climate emergency.
• Patrick Alesse spoke about the County's warming shelter for homeless
individuals during inclement weather, supporting the local resident orca
population, and the open seat for the Planning Commission.
• Joy Gilfilen spoke about the warming shelter and the ordinance regarding the
repeal of jail standards from the County Code.
• Eddy Ury spoke about the warming shelter for the homeless during inclement
weather.
• Catherine Grain spoke about the ordinance regarding the repeal of jail
standards from the County Code.
• Irene Morgan spoke about the warming shelter for the homeless during
inclement weather, the comments made earlier by Wendy Harris, and the
ordinance regarding the repeal of jail standards from the County Code.
Councilmembers discussed the apprenticeship programs in the community.
OTHER ITEMS
1. AB2019-133 RESOLUTION REQUESTING SUPPORT FOR WASHINGTON
STATE HOUSE AND SENATE BILLS RELATED TO: POLLUTION PREVENTION;
INCREASING HABITAT AND FISH ABUNDANCE; PROTECTION OF SOUTHERN
RESIDENT ORCA WHALES FROM VESSELS; AND IMPROVING THE SAFETY OF
OIL TRANSPORTATION
Donovan reported for the Natural Resources Committee and moved to approve the
resolution.
Councilmembers discussed regulations that will add more vessels to the water,
allowing the State task force to complete its work on its original schedule, impacts from
legislation that would restrict commercial fishing vessels, and impacts of noise from vessels
on the orca population.
Brenner moved to amend to remove references to House Bill (HB) 1578 and Senate
Bill (SB) 5578 on page three of the resolution.
The motion to amend was seconded.
Regular County Council Meeting, 2/26/2019, Page 3
1 The motion to amend failed by the following vote:
2 Ayes: Brenner and Byrd (2)
3 Nays: Browne, Buchanan, Frazey, and Sidhu (4)
4 Abstains: Donovan (1)
5
6 The motion to approve carried by the following vote:
7 Ayes: Browne, Buchanan, Frazey, and Sidhu (4)
8 Nays: Brenner (1)
9 Abstains: Donovan and Byrd (2)
10
11 2. AB2019-135 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
12 ENTER INTO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE
13 DEPARTMENT OF ECOLOGY (DOE) FOR WATER QUALITY COMBINED
14 FINANCIAL ASSISTANCE GRANT AGREEMENT WQC-2017-WHCOPW-00030
15 FOR THE AGATE BAY STORMWATER IMPROVEMENTS PROJECT IN THE
16 AMOUNT OF $552,548.62
17
18 Sidhu reported for the Finance and Administrative Services Committee and moved
19 to approve the request.
20
21 The motion carried by the following vote:
22 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
23 Nays: None (0)
24
25 3. AB2019-124 ORDINANCE AMENDING THE 2019 WHATCOM COUNTY
26 BUDGET, REQUEST NO. 2, IN THE AMOUNT OF $4,901,742
27
28 Sidhu reported for the Finance and Administrative Services Committee and moved
29 to adopt the ordinance.
30
31 Councilmembers discussed whether this amount of money is the correct amount to
32 fix the problems with the courthouse building envelope.
33
34 The motion carried by the following vote:
35 Ayes: Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (6)
36 Nays: None (0)
37 Abstains: Brenner (1)
38
39 4. AB2019-128 ORDINANCE AMENDING COURTHOUSE BUILDING ENVELOPE
40 PROJECT BUDGET (AS ESTABLISHED THROUGH ORDINANCE 2014-085)
41 THIRD REQUEST, IN THE AMOUNT OF $4,700,000 FOR A TOTAL PROJECT
42 BUDGET OF $7,377,809
43
44 Sidhu reported for the Finance and Administrative Services Committee and moved
45 to adopt the ordinance.
46
47 Councilmembers discussed funding from the Economic Development Initiative (EDI)
48 fund.
49
50 The motion carried by the following vote:
51 Ayes: Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (6)
52 Nays: None (0)
53 Abstains: Brenner (1)
Regular County Council Meeting, 2/26/2019, Page 4
11
2 5. AB2019-137 RESOLUTION RESPECTFULLY REQUESTING THAT THE
3 WHATCOM COUNTY PROSECUTOR ASK THE WASHINGTON STATE ATTORNEY
4 GENERAL TO REVIEW AND UPDATE OPINIONS PREVIOUSLY PROVIDED
5 RELATED TO THE ELIGIBILITY OF COUNTY COUNCIL MEMBERS AND
6 COMMISSIONERS TO BE APPOINTED TO VACANT LEGISLATIVE POSITIONS
7
8 Sidhu reported for the Finance and Administrative Services Committee and moved
9 to approve the resolution.
10
11 Councilmembers discussed whether it's appropriate for elected officials to get elected
12 or appointed to an office while already serving in another office.
13
14 The motion carried by the following vote:
15 Ayes: Browne, Byrd, Buchanan, Donovan, Frazey, and Sidhu (6)
16 Nays: Brenner (1)
17
18 6. AB2019-126 RESOLUTION AMENDING THE 2019 FLOOD CONTROL ZONE
19 DISTRICT AND SUBZONES BUDGET, REQUEST NO. 2, IN THE AMOUNT OF
20 $90,659 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL
21 ZONE DISTRICT BOARD OF SUPERVISORS)
22
23 Sidhu reported for the Finance and Administrative Services Committee and moved
24 to approve the resolution.
25
26 The motion carried by the following vote:
27 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
28 Nays: None (0)
29
30
31 COUNCIL APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
32
33 1. AB2019-127 APPOINTMENT TO THE WHATCOM COUNTY PLANNING
34 COMMISSION, APPLICANT MUST RESIDE IN COUNCIL DISTRICT 2,
35 APPLICANTS: ROBERT BARTEL, RIA BORDIAN, BOB BURR, JAMES HANSEN,
36 TOWHEE WEAN (THE PLANNING COMMISSION ASSISTS THE PLANNING AND
37 DEVELOPMENT SERVICES DEPARTMENT IN CARRYING OUT ITS DUTIES,
38 WHICH INCLUDE HELPING TO PREPARE AND EXECUTE THE COMPREHENSIVE
39 PLAN AND MAKING RECOMMENDATIONS FOR ADOPTION OF OFFICIAL
40 CONTROLS AND/OR AMENDMENTS)
41 Donovan nominated all applicants.
42
43 The nomination was seconded.
44
45 Councilmembers Browne, Brenner, Byrd, and Sidhu voted for Robert Bartel.
46
47 Councilmembers Buchanan, Donovan, and Frazey voted for James Hansen.
48
49 The Council appointed Robert Bartel.
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51
Regular County Council Meeting, 2/26/2019, Page 5
1
2.
AB2019-129 APPOINTMENT TO THE SUMAS/EVERSON/ NOOKSACK FLOOD
2
CONTROL SUB -ZONE ADVISORY COMMITTEE - APPLICANT: LARRY MADES
3
(THE COMMITTEE IS AN INTEGRAL PART OF THE PROGRAM REVIEWING THE
4
COMPREHENSIVE PLAN FOR FLOOD CONTROL)
5
6
Brenner moved to appoint Larry Mades by acclamation.
7
8
The motion was seconded.
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The motion carried by the following vote:
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Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
12
Nays: None (0)
13
14
15
EXECUTIVE APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
16
17
1.
AB2019-139 REQUEST CONFIRMATION OF EXECUTIVE'S APPOINTMENT
18
OF BRIAN RUSK TO THE WHATCOM COUNTY PURCHASE OF DEVELOPMENT
19
RIGHTS OVERSIGHT COMMITTEE
20
21
Sidhu moved to confirm the appointment.
22
23
The motion was seconded.
24
25
The motion carried by the following vote:
26
Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
27
Nays: None (0)
28
29
2.
AB2019-143 REQUEST CONFIRMATION OF EXECUTIVE'S APPOINTMENT
30
OF RACHEL ARNOLD TO THE WHATCOM COUNTY MARINE RESOURCES
31
COMMITTEE
32
33
Donovan moved to confirm the appointment.
34
35
The motion was seconded.
36
37
The motion carried by the following vote:
38
Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
39
Nays: None (0)
40
41
3.
AB2019-144 REQUEST CONFIRMATION OF EXECUTIVE'S APPOINTMENT
42
OF PATRICK ALESSE TO THE WHATCOM COUNTY BICYCLE -PEDESTRIAN
43
ADVISORY COMMITTEE
44
45
Brenner moved to confirm the appointment.
46
47
The motion was seconded.
48
49
The motion carried by the following vote:
50
Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
51
Nays: None (0)
52
53
Regular County Council Meeting, 2/26/2019, Page 6
1 INTRODUCTION ITEMS
2
3 Donovan moved to accept the Introduction Items.
4
5 The motion was seconded.
6
7 The motion carried by the following vote:
8 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
9 Nays: None (0)
10
11 1. AB2019-147 ORDINANCE AMENDING THE 2019-2020 WHATCOM COUNTY
12 BUDGET, THIRD REQUEST, IN THE AMOUNT OF $95,521
13
14 2. AB2019-145 RECEIPT OF APPLICATION FOR THE DRAYTON HARBOR
15 SHELLFISH PROTECTION DISTRICT COMMITTEE, APPLICANT: JULIE HIRSCH
16 (THE COMMITTEE ADVISES THE COUNTY COUNCIL ON PROPOSED ACTIONS
17 AND OPERATIONS RELATING TO THE RESTORATION OF WATER QUALITY IN
18 THE DRAYTON HARBOR SHELLFISH PROTECTION DISTRICT) (APPLICATION
19 DEADLINE FOR ANY OTHER APPLICANTS IS 10 A.M. MARCH 5, 2019)
20
21 3. AB2019-149 RECEIPT OF APPLICATION FOR THE SURFACE MINING
22 ADVISORY COMMITTEE, ENVIRONMENTAL CONSULTANT POSITION -
23 APPLICANT: SHANNON LOGAN (THE COMMITTEE ADVISES THE PLANNING
24 DEPARTMENT AND THE COUNCIL ON IMPLEMENTING A SURFACE MINING
25 REGULATORY PROGRAM CONSISTENT WITH THE COMPREHENSIVE PLAN)
26 (APPLICATION DEADLINE FOR THIS APPOINTMENT IS 10:00 A.M. MARCH 5,
27 2019)
28
29
30 COMMITTEE REPORTS OTHERITEMS AND COUNCILMEMBERUPDATES
31
32 Committee Chairs reported on committee discussions.
33
34 AB2019-142 DISCUSSION REGARDING OPERATION OF THE WARMING SHELTER
35
36 Browne reported for the Special County Council meeting and moved to send the
37 letter to the City of Bellingham requesting they fund and schedule law enforcement to the
38 warming shelter for the remaining available shifts through March 1.
39
40 Buchanan moved to approve the letter.
41
42 The motion was seconded.
43
44 The motion carried by the following vote:
45 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
46 Nays: None (0)
47
48 Karen Frakes, Prosecutor's Office, answered questions about the proposed repeal of
49 the County Code Chapter 1.28, Standards regarding Correctional Facilities (AB2019-043).
50
51 Councilmembers and staff discussed the Code chapter for correctional facilities
52 standards and Sheriff's Office policies and procedures.
53
Regular County Council Meeting, 2/26/2019, Page 7
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Councilmembers gave updates on recent activities and upcoming events and
discussed the watershed planning process with the Department of Ecology and its
rulemaking process.
ADJOURN
The meeting adjourned at 9:00 p.m.
The County Council approved these minutes on March 12, 2019.
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WHATCOM CO NTY COUNCIL
WHATgBV C U TY, WASHINGTON
Rud ,trowne, Council Chair
Regular County Council Meeting, 2/26/2019, Page 8