HomeMy WebLinkAboutCouncil May 21 20191 WHATCOM COUNTY COUNCIL
2 Regular County Council Meeting
3
4 May 21, 2019
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 Present: Barbara Brenner, Rud Browne, Barry Buchanan, Tyler Byrd, Todd
15 Donovan, Carol Frazey, and Satpal Sidhu.
16 Absent: None.
17
18
19 FLAG SALUTE
20
21
22 ANNOUNCEMENTS
23
24
25 MINUTES CONSENT
26
27 Buchanan moved to approve the Minutes Consent items.
28
29 The motion was seconded.
30
31 The motion carried by the following vote:
32 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
33 Nays: None (0)
34
35 1. MIN2019-034 COMMITTEE OF THE WHOLE FOR APRIL 9, 2019
36
37 2. MIN2019-035 REGULAR COUNTY COUNCIL FOR APRIL 9, 2019
38
39 3. MIN2019-036 SURFACE WATER WORK SESSION FOR APRIL 16, 2019
40
41 4. MIN2019-037 COMMITTEE OF THE WHOLE FOR APRIL 23, 2019
42
43 S. MIN2019-038 REGULAR COUNTY COUNCIL FOR APRIL 23, 2019
44
45 6. MIN2019-039 REGULAR COUNTY COUNCIL FOR MAY 7, 2019
46
47
48 PUBLIC HEARINGS
49
50 1. AB2019-249 ORDINANCE AMENDING WHATCOM COUNTY CODE TO
51 RESTRUCTURE THE PUBLIC HEALTH ADVISORY BOARD
52
Regular County Council Meeting, 5/21/2019, Page 1
1 Regina Delahunt, Health Department Director, gave a staff report and answered
2 questions.
3
4 Browne opened the public hearing, and hearing no one, closed the public hearing.
5
6 Buchanan moved to adopt the ordinance.
7
8 The motion was seconded.
9
10 Brenner moved to amend subsection B.2, "In aeee, danee with `^ GG 03930, aA
11 member may be reappointed... has previously served except maybe reappoint without
12 waiting a year if no one else applies for the position."
13
14 The motion was seconded.
15
16 Councilmembers and staff discussed amending Whatcom County Code (WCC)
17 2.03.030 regarding reappointments.
18
19 Brenner withdrew her motion and moved to amend B.2 "Terms -will_, be in
20 accordance with WCC 2.03.030 a rflembeF may be appeinted te serve ... he eF she has
21 ffevieusly served."
22
23 The motion was seconded.
24
25 The motion to amend carried by the following vote:
26 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
27 Nays: None (0)
28
29 The motion to adopt as amended carried by the following vote:
30 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
31 Nays: None (0)
32
33
34 OPEN SESSION
35
36 The following people spoke:
37 • Bob Burr submitted a handout and spoke about declaring a climate
38 emergency.
39 • Jaqueline Sterna, Building Industry Association of Whatcom County, spoke
40 about the ordinance amending Whatcom County Code Title 3, requiring that
41 public funds used for construction projects also provide apprentices (AB2019-
42 285).
43 • John Sitka, Salary Commission, spoke about the ordinance amending
44 Whatcom County Code Title 3, requiring that public funds used for
45 construction projects also provide apprentices (AB2019-285).
46 • Adam Lamb spoke about the ordinance amending Whatcom County Code Title
47 3, requiring that public funds used for construction projects also provide
48 apprentices (AB2019-285).
49 • Andy Kaplowitz, Associated Builders and Contractors, spoke about the
50 ordinance amending Whatcom County Code Title 3, requiring that public funds
51 used for construction projects also provide apprentices (AB2019-285).
Regular County Council Meeting, 5/21/2019, Page 2
1 • Miguel Edmondson, Laborer's Local 292 Member, spoke about the ordinance
2 amending Whatcom County Code Title 3, requiring that public funds used for
3 construction projects also provide apprentices (AB2019-285).
4 . Yoshi Ravelle spoke about working together for truth without political
5 affiliations.
6 • Brooks Tarter spoke about the ordinance amending Whatcom County Code
7 Title 3, requiring that public funds used for construction projects also provide
8 apprentices (AB2019-285).
9 . Trevor Smith, submitted a handout (on file), and spoke about the ordinance
10 amending Whatcom County Code Title 3, requiring that public funds used for
11 construction projects also provide apprentices (AB2019-285).
12 . Max Perry spoke about the work of the Planning Unit.
13 • Kathy Sabel spoke about the work of the Planning Unit.
14 . Carol Perry spoke about the presentation and discussion of drought
15 contingency planning (AB2019-256).
16
17
18 CONSENT AGENDA
19
20 Sidhu reported for the Council Finance and Administrative Services Committee and
21 moved to approve Consent Agenda items one through five.
22
23 Byrd withdrew item two.
24
25 The motion to approve Consent Agenda items one and three through five carried by
26 the following vote:
27 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
28 Nays: None (0)
29
30 1. AB2019-172 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
31 ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND MERIDIAN
32 SCHOOL DISTRICT FOR A FIVE YEAR LEASE OF THE SHERIFF'S OFFICE SUB-
33 STATION AT 194 W. LAUREL WITH A TOTAL COST OF $59,977
34
35 2. AB2019-286 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
36 ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND HERRERA
37 ENVIRONMENTAL CONSULTANTS TO DO A COMPREHENSIVE
38 BIOINFILTRATION SWALE EVALUATION OF THE GENEVA RETROFITS IN THE
39 AMOUNT OF $99,821
40
41 Sidhu reported for the Council Finance and Administrative Services Committee and
42 moved to approve the request.
43
44 The motion carried by the following vote:
45 Ayes: Brenner, Browne, Buchanan, Donovan, Frazey, and Sidhu (6)
46 Nays: None (0)
47 Abstains: Byrd (1)
48
49 3. AB2019-290 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
50 ENTER INTO AN AGREEMENT BETWEEN WHATCOM COUNTY AND THE
51 COUNTY ROAD ADMINISTRATIVE BOARD IN ORDER TO RECEIVE RURAL
52 ARTERIAL PRESERVATION GRANT FUNDING FOR THE BIRCH BAY/LYNDEN
Regular County Council Meeting, 5/21/2019, Page 3
ROAD PAVEMENT REHABILITATION PROJECT, ENTERPRISE ROAD TO
RATHBONE ROAD, IN THE AMOUNT OF $165,000
4. AB2019-291 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
ENTER INTO AN AGREEMENT BETWEEN WHATCOM COUNTY AND THE
COUNTY ROAD ADMINISTRATIVE BOARD IN ORDER TO RECEIVE RURAL
ARTERIAL PRESERVATION GRANT FUNDING FOR THE EAST SMITH ROAD
PAVEMENT REHABILITATION PROJECT, HANNEGAN ROAD TO EVERSON-
GOSHEN ROAD, IN THE AMOUNT OF $1,035,000
5. AB2019-298 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
ENTER INTO THE 2019-2020 COLLECTIVE BARGAINING AGREEMENT
BETWEEN WHATCOM COUNTY AND PROFESSIONAL AND TECHNICAL
EMPLOYEES, LOCAL 17
OTHER ITEMS
1. AB2019-296 RESOLUTION AFFIRMING THE PDR OVERSIGHT COMMITTEE
RANKING AND AUTHORIZING WHATCOM COUNTY PURCHASE OF
DEVELOPMENT RIGHTS ADMINISTRATOR AND WHATCOM COUNTY
EXECUTIVE TO PROCEED WITH THE ACQUISITION OF A FORESTRY
CONSERVATION EASEMENT ON THE SEED ORCHARD APPLICATION
Donovan reported for the Council Natural Resources Committee and moved to
approve the resolution.
Byrd moved to amend to remove the Squalicum Forest parcel and discuss it
separately at another time.
The motion was seconded.
Councilmembers discussed the resolution to authorize the appraisals, not to approve
the purchase, areas of long-term future growth, and whether or not to purchase an
easement near potential future urban areas.
The motion to amend carried by the following vote:
Ayes: Browne, Brenner, Byrd, and Sidhu (4)
Nays: Buchanan, Donovan, and Frazey (3)
The motion to approve as amended carried by the following vote:
Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
Nays: None(0)
2. AB2019-297 RESOLUTION AUTHORIZING WHATCOM COUNTY EXECUTIVE
JACK LOUWS TO ACT AS THE AUTHORIZED REPRESENTATIVE ON BEHALF OF
WHATCOM COUNTY FOR WASHINGTON STATE RECREATION AND
CONSERVATION OFFICE WASHINGTON WILDLIFE AND RECREATION
FARMLAND AND FORESTLAND PRESERVATION PROJECT GRANTS
Regular County Council Meeting, 5/21/2019, Page 4
1 Donovan reported for the Council Natural Resources Committee and moved to
2 approve the resolution.
3
4 The motion carried by the following vote:
5 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
6 Nays: None (0)
7
8 3. AB2019-263 ORDINANCE AMENDING THE 2019 WHATCOM COUNTY BUDGET,
9 REQUEST NO. 7, IN THE AMOUNT OF $907,787
10
11 Sidhu reported for the Council Finance and Administrative Services Committee and
12 moved to adopt the ordinance.
13
14 The motion carried by the following vote:
15 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
16 Nays: None (0)
17
18 4. AB2019-265 ORDINANCE AMENDING THE PROJECT BUDGET FOR THE
19 PUBLIC SAFETY RADIO SYSTEM FUND, REQUEST NO. 1
20
21 Sidhu reported for the Council Finance and Administrative Services Committee and
22 moved to adopt the ordinance.
23
24 The motion carried by the following vote:
25 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
26 Nays: None (0)
27
28 5. AB2019-280 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
29 ENTER INTO AN INTERLOCAL BETWEEN WHATCOM COUNTY AND WHATCOM
30 COUNTY FIRE PROTECTION DISTRICT #11 TO PROVIDE A SUPPLEMENTARY
31 NOTIFICATION SYSTEM, IN THE AMOUNT OF $285 A YEAR FOR SIX YEARS
32
33 Sidhu reported for the Council Finance and Administrative Services Committee and
34 moved to approve the request.
35
36 The motion carried by the following vote:
37 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
38 Nays: None (0)
39
40 6. AB2019-281 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
41 ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY
42 AND WHATCOM COUNTY FIRE PROTECTION DISTRICT #8 TO PROVIDE FIRE
43 PROTECTION SERVICES, IN THE AMOUNT OF $2500 FOR 2019 AND 2020
44 AND IN THE AMOUNT OF $2625 FOR 2021 AND 2022
45
46 Sidhu reported for the Council Finance and Administrative Services Committee and
47 moved to approve the request.
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
Regular County Council Meeting, 5/21/2019, Page 5
1 7. AB2019-276 RESOLUTION IN THE MATTER OF THE SALE OF SURPLUS
2 PERSONAL PROPERTY AND SETTING A DATE FOR PUBLIC HEARING,
3 PURSUANT TO WCC 1.10
4
5 Sidhu reported for the Council Finance and Administrative Services Committee and
6 moved to approve the resolution.
7
8 The motion carried by the following vote:
9 Ayes: Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (6)
10 Nays: None (0)
11 Abstains: Brenner (1)
12
13 S. AB2019-295 REQUEST COUNCIL REVIEW AND APPROVAL OF THE PROPOSED
14 PUBLIC PARTICIPATION PLAN FOR THE 2020 SHORELINE MASTER
15 PROGRAM PERIODIC UPDATE
16
17 Byrd reported for the Council Planning and Development Committee and moved to
18 approve the request.
19
20 Councilmembers discussed sending ideas for other stakeholders to Senior Planner
21 Cliff Strong.
22
23 The motion carried by the following vote:
24 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
25 Nays: None (0)
26
27 9. AB2019-304 DISCUSSION REGARDING FUTURE SCHEDULING OF AB2019-
28 285, A PROPOSED ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE
29 3 TO REQUIRE THAT PUBLIC FUNDS USED FOR CONSTRUCTION PROJECTS
30 DO DOUBLE DUTY BY ALSO PROVIDING APPRENTICES WITH JOB TRAINING
31 HOURS TO MEET THE REQUIREMENTS NECESSARY TO BECOME THE NEXT
32 GENERATION OF SKILLED TRADES PERSONS
33
34 Brenner moved to schedule the item in Public Works and Health Committee.
35
36 The motion was seconded.
37
38 Councilmembers discussed in which committee the proposed ordinance should be
39 scheduled.
40
41 The motion failed by the following vote:
42 Ayes: Brenner and Byrd (2)
43 Nays: Browne, Buchanan, Frazey, and Sidhu (4)
44 Abstains: Donovan (1)
45
46 Frazey moved to schedule the item before the Committee of the Whole with
47 Councilmember Donovan as acting chair.
48
49 The motion was seconded.
50
51
Regular County Council Meeting, 5/21/2019, Page 6
1 The motion carried by the following vote:
2 Ayes: Browne, Buchanan, Frazey, and Sidhu (4)
3 Nays: Brenner and Byrd (2)
4 Abstains: Donovan (1)
5
6 10. AB2019-303 RESOLUTION IDENTIFYING 2020-2021 SALARY AND BENEFITS
7 FOR WHATCOM COUNTY ELECTED OFFICIALS
8
9 Donovan moved to approve the resolution.
10
11 The motion was seconded.
12
13 Jon Sitkin, Salary Commission Member, answered questions on the purpose,
14 function, and process of the Salary Commission; expectations on the number of hours a
15 councilmember must work in the part-time position; whether the proposed salary will
16 attract appropriate candidates for County Council; and whether the resolution has any force
17 of law.
18
19 Dana Brown -Davis, Clerk of the Council, answered questions on the proper
20 mechanism for approving the Salary Commission recommendation.
21
22 Donovan withdrew the motion.
23
24 Byrd moved to notify the public that the Council received the approved salary
25 adjustments from the Salary Commission.
26
27 The motion was seconded.
28
29 The motion carried by the following vote:
30 Ayes: Browne, Buchanan, Donovan, Frazey, and Sidhu (5)
31 Nays: Byrd (1)
32 Abstains: Brenner (1)
33
34 Councilmembers and Mr. Sitkin discussed the proper mechanism for approving the
35 Salary Commission recommendation in the future.
36
37
38 COUNCIL APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
39
40 1. AB2019-261 APPOINTMENT TO THE BUSINESS AND COMMERCE ADVISORY
41 COMMITTEE, REPRESENTING HEALTH CARE INDUSTRY, APPLICANT: DEBBIE
42 AHL (COMMITTEE ADVISES THE WHATCOM COUNTY COUNCIL ON ISSUES
43 THAT COULD IMPACT LOCAL BUSINESSES, INDUSTRY, OR ECONOMIC
44 DEVELOPMENT
45
46 Frazey moved to appoint Debbie Ahl.
47
48 The motion was seconded.
49
50 Councilmembers discussed whether Ms. AN is currently working in the healthcare
51 industry and is qualified for the position.
52
53
Regular County Council Meeting, 5/21/2019, Page 7
1 The motion carried by the following vote:
2 Ayes: Brenner, Browne, Buchanan, Donovan, Frazey, and Sidhu (6)
3 Nays: None (0)
4 Abstains: Byrd (1)
5
6 2. AB2019-268 APPOINTMENT TO THE SURFACE MINING ADVISORY
7 COMMITTEE, APPLICANTS: LESLIE DEMPSEY (REPRESENTING CITIZEN WHO
8 LIVES IN CLOSE PROXIMITY TO ACTIVE MINING OR MINERAL OVERLAY
9 AREA), HARVILL FREELAND AND SCOTT HULSE (CIVIL OR GEO-TECHNICAL
10 ENGINEER WITH NO DIRECT OR INDIRECT FINANCIAL BUSINESS TIES TO
11 THE INDUSTRY), BRAD DAVIS (SURFACE MINING MATERIAL USER).
12 CHRISTOPHER SECRIST (GEOLOGIST) - (THIS COMMITTEE ADVISES THE
13 WHATCOM COUNTY PLANNING AND DEVELOPMENT SERVICES DEPARTMENT
14 AND THE WHATCOM COUNTY COUNCIL ON IMPLEMENTING A SURFACE
15 MINING REGULATORY PROGRAM CONSISTENT WITH THE COMPREHENSIVE
16 PLAN)
17
18 Councilmembers discussed the history of the membership on this committee and
19 whether they want to extend the membership of someone who has reached term limits.
20
21 Donovan nominated Harvill Freeland and Scott Hulse to the Civil or Geotechnical
22 Engineer position.
23
24 The nomination was seconded.
25
26 Freeland: Brenner, Byrd, Frazey, and Sidhu (4)
27 Hulse: Buchanan, Browne, and Donovan (3)
28
29 Donovan moved to appoint the remaining three single applicants by acclamation.
30
31 The motion was seconded.
32
33 The motion carried by the following vote:
34 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
35 Nays: None (0)
36
37 3. AB2019-272 APPOINTMENT TO THE FORESTRY ADVISORY COMMITTEE,
38 FOREST PRODUCT MANUFACTURER REPRESENTATIVE, TERM ENDING
39 1/31/2023, APPLICANT: ERIC JACOBY (COMMITTEE PROVIDES REVIEW
40 AND RECOMMENDATIONS TO THE WHATCOM COUNTY COUNCIL ON ISSUES
41 THAT AFFECT THE FORESTRY INDUSTRY)
42
43 Brenner moved to appoint Eric Jacoby by acclamation.
44
45 The motion was seconded.
46
47 The motion carried by the following vote:
48 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
49 Nays: None (0)
50
51
52
Regular County Council Meeting, 5/21/2019, Page 8
1 EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
2
3 1. AB2019-294 REQUEST CONFIRMATION OF COUNTY EXECUTIVE'S
4 APPOINTMENT OF RAQUEL VERNOLA TO THE COMMISSION ON SEXUAL &
5 DOMESTIC VIOLENCE
6
7 Donovan moved to confirm the appointment.
8
9 The motion was seconded.
10
11 The motion carried by the following vote:
12 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
13 Nays: None (0)
14
15
16 INTRODUCTION ITEMS
17
18 Donovan moved to accept Introduction Items one through five.
19
20 The motion was seconded.
21
22 The motion carried by the following vote:
23 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
24 Nays: None (0)
25
26 1. AB2019-278 ORDINANCE ESTABLISHING A SPEED LIMIT FOR SEVERAL
27 ROADS IN THE BENNETT DRIVE AREA
28
29 2. AB2019-288 ORDINANCE ESTABLISHING A SPEED LIMIT FOR DELTA LINE
30 ROAD
31
32 3. AB2019-289 ORDINANCE ESTABLISHING A SPEED LIMIT FOR SEVERAL
33 ROADS IN THE NORTHWEST DRIVE AREA
34
35 4. AB2019-306 ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTERS
36 11.16, 11.20, AND 11.32 TO PROTECT LAKE SAMISH WATER QUALITY AND
37 SHORELINE PROPERTIES
38
39 5. AB2019-277 RESOLUTION AUTHORIZING THE SALE OF SURPLUS PERSONAL
40 PROPERTY PURSUANT TO WCC 1.10
41
42
43 COMMITTEE REPORTS OTHER ITEMS AND COUNCILMEMBER UPDATES
44
45 Committee Chairs reported on committee discussions.
46
47 AB2019-302 DISCUSSION WITH CIVIL DEPUTY PROSECUTOR GEORGE ROCHE
48 REGARDING PENDING LITIGATION, HOCHREITER V. PHIPPS AND WHATCOM
49 COUNTY
50
51 Byrd reported for the Committee of the Whole and moved that pursuant to
52 Whatcom County Code 2.56, the Council hereby finds the following:
53 A. The employees were acting in a matter in which the county had an interest;
Regular County Council Meeting, 5/21/2019, Page 9
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B. The employees were acting in the discharge of a duty imposed or authorized
by law;
C. The employees acted in good faith.
Furthermore, the officers, officials, agents or employees will be defended and
indemnified pursuant to and consistent with the provisions in WCC Chapter 2.56.
The motion carried by the following vote:
Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
Nays: None(0)
Jack Louws, County Executive, answered questions on the presentation and
discussion of drought contingency planning (AB2019-256) by the Public Utility District
(PUD).
Councilmembers reported on recent activities and upcoming events.
ADJOURN
The meeting adjourned at 9:37 p.m.
Th,0''(Qunty'(&uncil approved these minutes on June 4, 2019.
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Dana s'Brown Davis, Courycil Clerk Rud rowne, Council Chair
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Jill Nixon, Minutes Transcription
Regular County Council Meeting, 5/21/2019, Page 10