HomeMy WebLinkAboutCouncil June 18 20191
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WHATCOM COUNTY COUNCIL
Regular County Council Meeting
June 18, 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, Tyler Byrd, Todd Donovan, Carol
Frazey, and Satpal Sidhu.
Absent: Barry Buchanan.
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, Byrd, Donovan, Frazey, and Sidhu (6)
Nays: None(0)
Absent: Buchanan (1)
1. MIN2019-042 SPECIAL COMMITTEE OF THE WHOLE AM FOR JUNE 4, 2019
2. MIN2019-043 SPECIAL COMMITTEE OF THE WHOLE PM FOR JUNE 4, 2019
3. MIN2019-044 REGULAR COUNTY COUNCIL FOR JUNE 4, 2019
SPECIAL PRESENTATION
1. AB2019-354 ANNUAL REPORT ON BEHAVIORAL HEALTH PROGRAM FUND
Chris Phillips, Behavioral Health Advisory Committee Chair, reported on the
expenditures of the behavioral health fund, including background information about the
fund, successful programs, and next steps.
Regular County Council Meeting, 6/18/2019, Page 1
PUBLIC HEARINGS
1. AB2019-363 COUNCIL SEEKS PUBLIC COMMENT ON TASK 3 (STAKEHOLDER
ENGAGEMENT) OF THE PROPOSED CONTRACT WITH TRANSPO GROUP USA,
INC., RELATED TO THE WHATCOM COUNTY ADA PLAN FOR PUBLIC RIGHTS -
OF -WAY (RELATED PROPOSED CONTRACT FILED UNDER AB2019-319)
Browne opened the public hearing, and the following people spoke:
Kyann Flint stated anyone has the potential for becoming a member of the disabled
community, and the contract needs to involve the disabled community throughout the
process.
Daman Wandke, AbiliTrek, stated the public input allowed in the contract is minimal.
There needs to be more input on the plan before it is published.
James Christianson stated the contractor seems knowledgeable about ADA issues.
Pedestrians need more visual cues at pedestrian -activated light crossings.
Candice Styer stated features that people think make the environment accessible
may not actually do so. There needs to be more consideration of and planning around
barriers. Recruit as many people with disabilities as possible to participate in the process.
Bob Burr stated the County needs to hire a researcher who can engage in research
and write plans on County issues rather than hire a contractor.
Mark Challendar stated he is a member of the County's ADA Advisory Committee and
worked with staff when interviewing consultants. He described the scope of the contract
and answered questions about the required qualifications of the contractor.
Harley Draven spoke about her volunteer work as an ADA advocate. More people in
the community need to be involved.
Ashanti Monts-Treviska stated there isn't enough support for the disabled
community. There needs to be better visual cues in traffic, bus lines, and bicycle lanes.
Hearing no one else, Browne closed the public hearing.
Jon Hutchings, Public Works Department Director, gave a staff report and introduced
members of the Public Works staff team who will be working on the project. They will
create an open and inclusive process to develop ADA infrastructure.
Jim Karcher, Public Works Department, answered questions on a similar process
happening with the City of Bellingham and required qualifications for someone to do this
work.
2. AB2019-322 ORDINANCE AMENDING WHATCOM COUNTY CHARTER
SECTIONS 4.20 (QUALIFICATIONS) AND 6.90 (ILLEGAL CONTRACTS)
Browne opened the public hearing, and the following person spoke:
Bob Burr stated the changes are necessary.
Regular County Council Meeting, 6/18/2019, Page 2
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Hearing no one else, Browne closed the public hearing.
Donovan moved to adopt the ordinance.
The motion was seconded.
Donovan moved to amend to delete the gender pronouns and replace with "their."
Councilmembers discussed appropriate grammar and whether the Council vote needs
to be unanimous with all seven councilmembers.
Karen Frakes, Prosecutor's Office, answered questions.
Donovan withdrew his motions.
The Council concurred to hold in Council for a meeting in which no
councilmembers will be absent.
3. AB2019-308 ORDINANCE SUSPENDING WHATCOM COUNTY CODE 1.28 TO
UPDATE THE CORRECTIONAL FACILITIES OPERATIONAL STANDARDS
Browne opened the public hearing, and the following person spoke:
Bob Burr stated create a focus group of former jail inmates to comment on the
current inhumane policies and procedures.
Hearing no one else, Browne closed the public hearing.
Byrd moved to adopt the ordinance.
The motion was seconded.
Karen Frakes, Prosecutor's Office, answered questions.
Councilmembers discussed rules suspension due to overcrowding.
Donovan moved to amend to add language, "Be It Further Ordained that The
Sheriff's Office will provide public access to these current policies and procedures."
The motion to amend was seconded.
The motion to amend carried by the following vote:
Ayes: Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu (6)
Nays: None (0)
Absent: Buchanan (1)
The motion to adopt as amended carried by the following vote:
Ayes: Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu (6)
Nays: None(0)
Absent: Buchanan (1)
Regular County Council Meeting, 6/18/2019, Page 3
1 OPEN SESSION
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The following people spoke:
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Dana Briggs spoke about declaring a climate emergency.
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Bob Burr spoke about declaring a climate emergency.
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Manny (no last name given) spoke about the ordinance imposing an interim
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moratorium on new or expanded facilities in the Cherry Point UGA, regarding
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the shipment of unrefined fossil fuels at Cherry Point AB2019-339.
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Jan Dietzgen submitted information (on file) and spoke about passing a
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resolution to welcome refugees.
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Lane McElvoy spoke about the ordinance imposing an interim moratorium on
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new or expanded facilities in the Cherry Point UGA, regarding the shipment of
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unrefined fossil fuels at Cherry Point AB2019-339.
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Colleen Curtis submitted information (on file) and spoke about passing a
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resolution to welcome refugees.
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Judy Wilson, Laborer's 292, spoke about the ordinance imposing an interim
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moratorium on new or expanded facilities in the Cherry Point UGA, regarding
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the shipment of unrefined fossil fuels at Cherry Point AB2019-339.
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Eddy Ury, ReSources for Sustainable Communities Program Manager, spoke
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about the ordinance imposing an interim moratorium on new or expanded
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facilities in the Cherry Point UGA, regarding the shipment of unrefined fossil
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fuels at Cherry Point (AB2019-339) and the resolution forwarding Cascadia
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Law Group's recommendations for Cherry Point UGA Comprehensive Plan and
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Zoning Code Amendments (AB2019-358).
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Tim Johnson, Phillips 66 Refinery Public Affairs Officer, spoke about the
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ordinance imposing an interim moratorium on new or expanded facilities in
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the Cherry Point UGA, regarding the shipment of unrefined fossil fuels at
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Cherry Point (AB2019-339) and the resolution forwarding Cascadia Law
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Group's recommendations for Cherry Point UGA Comprehensive Plan and
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Zoning Code Amendments (AB2019-358).
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Cameron Charvay, Laborer's Local 292, spoke about the ordinance imposing
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an interim moratorium on new or expanded facilities in the Cherry Point UGA,
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regarding the shipment of unrefined fossil fuels at Cherry Point (AB2019-339)
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and the resolution forwarding Cascadia Law Group's recommendations for
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Cherry Point UGA Comprehensive Plan and Zoning Code Amendments
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(AB2019-358).
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Theresa (no last name given), Laborer's Local 292, spoke about the ordinance
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imposing an interim moratorium on new or expanded facilities in the Cherry
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Point UGA, regarding the shipment of unrefined fossil fuels at Cherry Point
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(AB2019-339) and the resolution forwarding Cascadia Law Group's
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recommendations for Cherry Point UGA Comprehensive Plan and Zoning Code
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Amendments (AB2019-358).
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Hanna Holt, Laborer's Local 292, spoke about the ordinance imposing an
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interim moratorium on new or expanded facilities in the Cherry Point UGA,
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regarding the shipment of unrefined fossil fuels at Cherry Point (AB2019-339)
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and the resolution forwarding Cascadia Law Group's recommendations for
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Cherry Point UGA Comprehensive Plan and Zoning Code Amendments
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(AB2019-358).
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Rod Roth, Laborer's Local 292, spoke about the ordinance imposing an
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interim moratorium on new or expanded facilities in the Cherry Point UGA,
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regarding the shipment of unrefined fossil fuels at Cherry Point (AB2019-339)
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and the resolution forwarding Cascadia Law Group's recommendations for
Regular County Council Meeting, 6/18/2019, Page 4
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Cherry Point UGA Comprehensive Plan and Zoning Code Amendments
(AB2019-358).
James Christianson spoke about the need for captioning services in all local
public places to accommodate the deaf community.
Marcus Dee spoke about the ordinance imposing an interim moratorium on
new or expanded facilities in the Cherry Point UGA, regarding the shipment of
unrefined fossil fuels at Cherry Point (AB2019-339) and open carry gun laws
at public events in Washington state.
Alex Ramel spoke about the resolution forwarding Cascadia Law Group's
recommendations for Cherry Point UGA Comprehensive Plan and Zoning Code
Amendments (AB2019-358).
CONSENT AGENDA
Sidhu reported for the Council Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through six.
The motion carried by the following vote:
Ayes: Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu (6)
Nays: None (0)
Absent: Buchanan (1)
1. AB2019-336 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND
CATHOLIC COMMUNITY SERVICES TO ADD $25,000 IN FUNDING FOR
HOUSING CASE MANAGEMENT AND $3,325 IN SUBSEQUENT INDIRECT
COSTS TO REPLACE THE RECENT LOSS OF FUNDING CATHOLIC COMMUNITY
SERVICES INCURRED AT A COMPARABLE AMOUNT
2. AB2019-342 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM
CENTER FOR EARLY LEARNING TO PROVIDE CHILD DEVELOPMENT
SERVICES, IN AN ESTIMATED AMOUNT OF $128,400
3. AB2019-350 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND OPPORTUNITY
COUNCIL FOR CHILD DEVELOPMENT SERVICES, IN THE ESTIMATED AMOUNT
OF $66,120
4. AB2019-352 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE
OPPORTUNITY COUNCIL TO PROVIDE FUNDING FOR THE SINGLE ENTRY
ACCESS TO SERVICES (SEAS) PROGRAM, IN THE AMOUNT OF $80,149
5. AB2019-353 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
ENTER INTO AN AGREEMENT BETWEEN WHATCOM COUNTY AND PIONEER
HUMAN SERVICES TO LEASE THE BEHAVIORAL HEALTH TRIAGE CENTER, IN
THE AMOUNT OF $10,056
6. AB2019-357 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND COMMUNITIES
IN SCHOOLS TO PROVIDE STUDENT SUPPORT SERVICES IN THE
Regular County Council Meeting, 6/18/2019, Page 5
BELLINGHAM, BLAINE AND FERNDALE SCHOOL DISTRICTS, IN THE AMOUNT
OF $136,000
OTHER ITEMS
1. AB2019-334 REQUEST FOR AUTHORIZATION FOR THE COUNTY EXECUTIVE
TO ENTER INTO A COMMERCIAL LEASE AGREEMENT BETWEEN WHATCOM
COUNTY AND CORNWALL CENTER INC FOR USE OF THE PARKING LOT AT
THE BELLINGHAM SENIOR ACTIVITY CENTER IN THE TOTAL AMOUNT OF
$118,260 OVER FIVE YEARS WITH COST SHARING FROM THE CITY OF
BELLINGHAM AND WHATCOM COUNCIL ON AGING
Sidhu reported for the Council Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu (6)
Nays: None (0)
Absent: Buchanan (1)
2. AB2019-335 REQUEST FOR AUTHORIZATION FOR THE COUNTY EXECUTIVE
TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY
AND THE CITY OF BELLINGHAM TO ALLOW FOR COST SHARING OF THE
PARKING LOT LEASE AT THE BELLINGHAM SENIOR ACTIVITY CENTER IN
THE AMOUNT OF $78,879 OVER FIVE YEARS
Sidhu reported for the Council Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu (6)
Nays: None(0)
Absent: Buchanan (1)
3. AB2019-338 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND
CASCADE CONNECTIONS TO PROVIDE SERVICES TO INDIVIDUALS WITH
DEVELOPMENTAL DISABILITIES FOR AN ADDITIONAL YEAR IN THE
ESTIMATED AMOUNT OF $1,145,600 FOR AN ESTIMATED TOTAL AMENDED
CONTRACT AMOUNT OF $3,093,326
Sidhu reported for the Council Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu (6)
Nays: None(0)
Absent: Buchanan (1)
4. AB2019-343 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND
WORK OPPORTUNITIES TO PROVIDE SERVICES TO INDIVIDUALS WITH
Regular County Council Meeting, 6/18/2019, Page 6
1 DEVELOPMENTAL DISABILITIES FOR AN ADDITIONAL YEAR IN AN
2 ESTIMATED AMOUNT OF $478,800 FOR AN ESTIMATED TOTAL AMENDED
3 CONTRACT AMOUNT OF $1,564,161
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5 Sidhu reported for the Council Finance and Administrative Services Committee and
6 moved to approve the request.
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8 The motion carried by the following vote:
9 Ayes: Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu (6)
10 Nays: None (0)
11 Absent: Buchanan (1)
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13 5. AB2019-344 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
14 ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND
15 KULSHAN SUPPORTED EMPLOYMENT TO PROVIDE SERVICES TO
16 INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES FOR AN ADDITIONAL
17 YEAR IN THE ESTIMATED AMOUNT OF $923,125 FOR AN ESTIMATED TOTAL
18 AMENDED CONTRACT AMOUNT OF $3,404,224
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20 Sidhu reported for the Council Finance and Administrative Services Committee and
21 moved to approve the request.
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23 The motion carried by the following vote:
24 Ayes: Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu (6)
25 Nays: None (0)
26 Absent: Buchanan (1)
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28 6. AB2019-345 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
29 ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON
30 VOCATIONAL SERVICES TO PROVIDE EMPLOYMENT OR COMMUNITY
31 INCLUSION SERVICES TO INDIVIDUALS WITH DEVELOPMENTAL
32 DISABILITIES, IN AN ESTIMATED AMOUNT OF $191,225
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34 Sidhu reported for the Council Finance and Administrative Services Committee and
35 moved to approve the request.
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37 The motion carried by the following vote:
38 Ayes: Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu (6)
39 Nays: None (0)
40 Absent: Buchanan (1)
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42 7. AB2019-321 ORDINANCE AMENDING THE 2019 WHATCOM COUNTY BUDGET,
43 REQUEST NO. 8, IN THE AMOUNT OF $508,163
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45 Sidhu reported for the Council Finance and Administrative Services Committee and
46 moved to adopt the ordinance.
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48 The motion carried by the following vote:
49 Ayes: Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu (6)
50 Nays: None (0)
51 Absent: Buchanan (1)
52
Regular County Council Meeting, 6/18/2019, Page 7
8. AB2019-320 RESOLUTION AMENDING THE 2019 FLOOD CONTROL ZONE
DISTRICT AND SUBZONES BUDGET, REQUEST NO. 3, IN THE AMOUNT OF
$1,560,000 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BOARD OF SUPERVISORS)
Sidhu reported for the Council Finance and Administrative Services Committee and
moved to approve the resolution.
Jon Hutchings, Public Works Department Director, answered questions about
whether the properties have had appraisals.
The motion carried by the following vote:
Ayes: Brenner, Browne, Donovan, Frazey, and Sidhu (5)
Nays: Byrd (1)
Absent: Buchanan (1)
9. AB2019-358 RESOLUTION FORWARDING CASCADIA LAW GROUP'S
RECOMMENDATIONS FOR CHERRY POINT UGA COMPREHENSIVE PLAN AND
ZONING CODE AMENDMENTS
Browne reported for the Special Committee of the Whole meeting and moved to
forward to the Planning Department staff and legal counsel.
Councilmembers discussed whether it's necessary to approve another motion to send
to staff.
Browne withdrew the motion.
Mark Personius, Planning and Development Services Department Director, stated his
goal is to bring it back to Council on July 9.
10. AB2019-319 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND TRANSPO
GROUP USA, INC., TO DEVELOP THE ADA COMPLIANCE FOR PUBLIC RIGHTS
OF WAY IN THE AMOUNT OF $145,251.99
Sidhu moved to approve the request.
The motion was seconded.
Jon Hutchings, Public Works Department Director, answered questions about
involving more people in the ADA community, whether the County could hire staff to do this
work, and councilmember membership on the County's ADA Advisory Committee.
Browne moved to amend the scope of work "Hold ten hours of outreach, including
two 2-hour sessions in Bellingham, one 1-hour session each in Birch Bay, East County, and
Sudden Valley, advertised to the community... more."
The motion was seconded.
Karen Frakes, Prosecutor's Office, answered questions on the bid process and a
major change requiring that it be re -bid.
Regular County Council Meeting, 6/18/2019, Page 8
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Councilmembers and staff discussed considering the limited abilities of senior
citizens, the Council's role in writing contracts, the possibility of creating a change order or
amending the contract after it's signed, and staff fulfilling additional requests for outreach.
Browne withdrew his motion.
The motion carried by the following vote:
Ayes: Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu (6)
Nays: None(0)
Absent: Buchanan (1)
INTRODUCTION ITEMS
Brenner moved to accept Introduction items one through four.
The motion was seconded.
Dana Brown -Davis, Clerk of the Council, answered questions.
Councilmembers and staff discussed the schedule for AB2019-339.
The motion carried by the following vote:
Ayes: Browne, Byrd, Donovan, Frazey, and Sidhu (5)
Nays: Brenner (1)
Absent: Buchanan (1)
1. AB2019-316 ORDINANCE AMENDING WCC CHAPTERS 20.51 AND 20.71
PERTAINING TO TREE REMOVAL PERMIT PROCEDURES, AND CHAPTER 23.10
UPDATING THE REFERENCED CRITICAL AREAS ORDINANCE IN THE
SHORELINE MANAGEMENT PROGRAM
2. AB2019-339 ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE
ACCEPTANCE AND PROCESSING OF APPLICATIONS AND PERMITS FOR NEW
OR EXPANDED FACILITIES IN THE CHERRY POINT UGA, THE PRIMARY
PURPOSE OF WHICH WOULD BE THE SHIPMENT OF UNREFINED FOSSIL
FUELS NOT TO BE PROCESSED AT CHERRY POINT
3. AB2019-340 ORDINANCE ADOPTING INTERIM ZONING REGULATIONS FOR
THE SITING, ESTABLISHMENT, AND OPERATION OF TEMPORARY HOMELESS
FACILITIES
4. AB2019-347 ORDINANCE GRANTING NORTHWEST WATER ASSOCIATION A
FRANCHISE AND THE RIGHT, PRIVILEGE, AND AUTHORITY THEREUNDER TO
LOCATE, SET, ERECT, LAY, CONSTRUCT, EXTEND, SUPPORT, ATTACH,
CONNECT, MAINTAIN, REPAIR, REPLACE, ENLARGE, OPERATE AND USE
FACILITIES IN, UPON, OVER, UNDER, ALONG, ACROSS AND THROUGH THE
FRANCHISE AREA TO ALLOW FOR THE PROVISION OF WATER SERVICES
COMMITTEE REPORTS OTHER ITEMS AND COUNCILMEMBER UPDATES
Committee Chairs reported on committee discussions.
Regular County Council Meeting, 6/18/2019, Page 9
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Councilmembers gave updates on recent activities and upcoming events.
ADJOURN
The meeting adjourned at 9:25 p.m.
The County Council approved these minutes on July 9, 2019.
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Rud Browne, Council Chair
Regular County Council Meeting, 6/18/2019, Page 10