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HomeMy WebLinkAboutCouncil August 7 20191 WHATCOM COUNTY COUNCIL 2 Regular County Council Meeting 3 4 August 7, 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 1. MIN2019-053 SURFACE WATER WORK SESSION FOR JULY 16, 2019 28 29 Donovan moved to approve the Minutes. 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 38 OPEN SESSION 39 40 The following people spoke: 41 Greg Ericson spoke about AB2019-383, ordinance amending Whatcom County 42 Code Chapter 11.32, Boating and Swimming, Special Restrictions, relating to 43 two-stroke engine powered watercraft and AB2019-358, the resolution 44 forwarding Cascadia Law Group's recommendations for Cherry Point UGA 45 Comprehensive Plan and Zoning Code Amendments. 46 Dave Morrow spoke about a 300-foot safety buffer enacted on Lake Samish. 47 • Kathy Sable spoke about public notice of the agenda for the Watershed 48 Management Team and getting the public more involved, and answered 49 questions. 50 0 Dana Riggs spoke about Substitute House Bill 1406 regarding affordable 51 housing and about the resolution forwarding Cascadia Law Group's 52 recommendations for Cherry Point UGA Comprehensive Plan and Zoning Code 53 Amendments (AB2019-358). Regular County Council Meeting, 8/7/2019, Page 1 1 • Joy Gilfilen spoke jail planning and AB2019-432, the resolution adopting a 2 statement of public health, safety, and justice facility planning principles for 3 Whatcom County. 4 • Carol Perry spoke about watershed planning and about jail planning and 5 AB2019-432, the resolution adopting a statement of public health, safety, and 6 justice facility planning principles for Whatcom County. 7 0 Karen Steen spoke about jail planning and AB2019-432, the resolution 8 adopting a statement of public health, safety, and justice facility planning 9 principles for Whatcom County. 10 11 The following people spoke about the resolution forwarding Cascadia Law Group's 12 recommendations for Cherry Point UGA Comprehensive Plan and Zoning Code Amendments 13 (AB2019-358): 14 • Hannah Holt 15 • William Holt 16 • Todd Taylor, Plumbers and Steamfitters Local 26 Business Agent 17 0 Nick Bueler 18 • Alex Ramel 19 • Trevor Smith 20 • Tim Johnson, Phillips 66 Refinery 21 22 23 CONSENT AGENDA 24 25 Sidhu reported for the Finance and Administrative Services Committee and moved 26 to approve Consent Agenda items one through five. 27 28 The motion carried by the following vote: 29 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7) 30 Nays: None (0) 31 32 1. AB2019-404 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO 33 ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY 34 AND WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR TECHNICAL 35 ASSISTANCE AND OUTREACH TO SMALL BUSINESSES IN AN EFFORT TO 36 PREVENT POLLUTION AND PROTECT PUGET SOUND WATER QUALITY, IN 37 THE AMOUNT OF $258,705 38 39 2. AB2019-407 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO 40 ENTER INTO AN INTERAGENCY AGREEMENT BETWEEN WHATCOM COUNTY 41 AND WASHINGTON STATE DEPARTMENT OF COMMERCE TO RECEIVE STATE 42 FUNDS FOR CONDUCTING WORK RELATING TO THE NEW REVIEW AND 43 EVALUATION (BUILDABLE LANDS) PROGRAM REQUIREMENTS OF STATE 44 LAW, IN THE AMOUNT OF $450,000 45 46 3. AB2019-408 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO 47 ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND 48 COMMUNITY ATTRIBUTES INC TO PROVIDE PROFESSIONAL SERVICES 49 RELATING TO THE REVIEW AND EVALUATION (BUILDABLE LANDS) 50 PROGRAM REQUIREMENTS OF THE GROWTH MANAGEMENT ACT IN THE 51 AMOUNT OF $135,000 52 Regular County Council Meeting, 8/7/2019, Page 2 1 4. AB2019-412 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO 2 ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY 3 AND WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR THE COMMUNITY 4 LITTER CLEANUP PROGRAM, IN THE AMOUNT OF $67,000 5 6 5. AB2019-420 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO 7 ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY 8 AND WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR SOLID WASTE 9 MANAGEMENT COMPLIANCE AND LITTER AND/OR ILLEGAL DUMPING 10 ENFORCEMENT ACTIVITIES, IN THE AMOUNT OF $109,209.50 11 12 13 OTHER ITEMS 14 15 1. AB2019-383 ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 16 11.32, BOATING AND SWIMMING, SPECIAL RESTRICTIONS, RELATING TO 17 TWO-STROKE ENGINE POWERED WATERCRAFT 18 19 Donovan reported for the Natural Resources Committee and moved to adopt the 20 substitute ordinance. 21 22 Councilmembers discussed the possibility of counting the number of older two-stroke 23 engines that use Lake Samish. 24 25 The motion carried by the following vote: 26 Ayes: Brenner, Browne, Buchanan, Donovan, Frazey, and Sidhu (6) 27 Nays: None (0) 28 Abstains: Byrd (1) 29 30 2. AB2019-424 REVIEW AND APPROVE SCOPING DOCUMENT FOR THE 2020 31 SHORELINE MANAGEMENT PLAN PERIODIC UPDATE 2020 32 33 Donovan reported for the Natural Resources Committee and stated this item is held 34 in committee. 35 36 3. AB2019-409 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO 37 ENTER INTO A LOCAL AGENCY AGREEMENT BETWEEN WHATCOM COUNTY 38 AND WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT) 39 FOR THE LUMMI ISLAND TERMINAL PRESERVATION PROJECT IN THE 40 AMOUNT OF $820,000 41 42 Sidhu reported for the Finance and Administrative Services Committee and moved 43 to approve the request. 44 45 The motion carried by the following vote: 46 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7) 47 Nays: None (0) 48 49 4. AB2019-410 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO 50 ENTER INTO A LOCAL AGENCY AGREEMENT BETWEEN WHATCOM COUNTY 51 AND WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT) 52 FOR THE LUMMI ISLAND BREAKWATER REPLACEMENT IN THE AMOUNT OF 53 $80,000 Regular County Council Meeting, 8/7/2019, Page 3 1 2 Sidhu reported for the Finance and Administrative Services Committee and moved 3 to approve the request. 4 5 The motion carried by the following vote: 6 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7) 7 Nays: None (0) 8 9 5. AB2019-416 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO 10 ENTER INTO A LOCAL AGENCY AGREEMENT BETWEEN WHATCOM COUNTY 11 AND WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT) TO 12 OBLIGATE FEDERAL CONSTRUCTION FUNDS FOR THE BIRCH BAY DRIVE 13 AND PEDESTRIAN FACILITY PROJECT, IN THE AMOUNT OF $1,861,272 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: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7) 20 Nays: None (0) 21 22 6. AB2019-415 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO 23 ENTER INTO CONTRACT AMENDMENT NO. 1 TO BGC ENGINEERING INC. 24 CONTRACT FOR SERVICES FOR GLACIER-GALLUP CREEKS ALLUVIAL FAN 25 RESTORATION FEASIBILTY AND ALTERNATIVES ANALYSIS IN THE AMOUNT 26 OF $163,300 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD 27 CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) 28 29 Sidhu reported for the Finance and Administrative Services Committee and moved 30 to approve the request. 31 32 The motion carried by the following vote: 33 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7) 34 Nays: None (0) 35 36 7. AB2019-399 ORDINANCE AMENDING ORDINANCE 81-6, WHICH 37 ESTABLISHED THE COMMUNITY DEVELOPMENT FUND, SECOND REQUEST 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: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7) 44 Nays: None (0) 45 46 S. AB2019-400 ORDINANCE AMENDING THE 2019 WHATCOM COUNTY BUDGET, 47 REQUEST NO. 10, IN THE AMOUNT OF $2,650,000 48 49 Sidhu reported for the Finance and Administrative Services Committee and moved 50 to adopt the ordinance. 51 52 Councilmembers discussed the use of economic development funds in a way that will 53 bring employers to Blaine. Regular County Council Meeting, 8/7/2019, Page 4 1 2 The motion carried by the following vote: 3 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7) 4 Nays: None (0) 5 6 9. AB2019-406 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO 7 ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE 8 BELLINGHAM FIRE DEPARTMENT FOR COMMUNITY PARAMEDIC SERVICES, 9 IN THE AMOUNT OF $321,055 10 11 Sidhu reported for the Finance and Administrative Services Committee and moved 12 to approve the request. 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 10. AB2019-413 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO 19 ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY 20 AND WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR OPERATION OF 21 MODERATE RISK WASTE FACILITIES, IN THE AMOUNT OF $196,103.50 22 23 Sidhu reported for the Finance and Administrative Services Committee and moved 24 to approve the request. 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 11. AB2019-423 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO 31 ENTER INTO AN INTERLOCAL LOAN AND GRANT AGREEMENT BETWEEN 32 WHATCOM COUNTY AND THE CITY OF BLAINE IN THE AMOUNT OF 33 $2,650,000 34 35 Sidhu reported for the Finance and Administrative Services Committee and moved 36 to approve the request. 37 38 The motion carried by the following vote: 39 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7) 40 Nays: None (0) 41 42 12. AB2019-426 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO 43 ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND FIRE DISTRICT 44 NO. 7 TO PROVIDE MOBILE INTEGRATED HEALTH SERVICES THROUGH THE 45 COMMUNITY PARAMEDIC SERVICES PROGRAM, IN THE AMOUNT OF 46 $407,130 47 48 Sidhu reported for the Finance and Administrative Services Committee and moved 49 to approve the request. 50 51 The motion carried by the following vote: 52 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7) 53 Nays: None (0) Regular County Council Meeting, 8/7/2019, Page 5 1 2 13. AB2019-421 REQUEST APPROVAL OF THE ECONOMIC DEVELOPMENT 3 INVESTMENT (EDI) BOARD'S RECOMMENDATION FOR FUNDING OF THE 4 CITY OF BLAINE'S REQUEST FOR A LOAN IN THE AMOUNT OF $1,766,666 5 AND A GRANT IN THE AMOUNT OF $883,333 6 7 Sidhu reported for the Finance and Administrative Services Committee and moved 8 to approve the request. 9 10 The motion carried by the following vote: 11 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7) 12 Nays: None (0) 13 14 14. AB2019-422 REQUEST APPROVAL OF THE ECONOMIC DEVELOPMENT 15 INVESTMENT (EDI) BOARD'S RECOMMENDATION FOR FUNDING OF THE 16 BELLINGHAM HOUSING AUTHORITY'S REQUEST FOR A LOAN IN THE 17 AMOUNT OF $600,275 18 19 Sidhu reported for the Finance and Administrative Services Committee and moved 20 to approve the request. 21 22 Councilmembers spoke about the need for affordable housing and creating 23 commercial space at the site. 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 15. AB2019-430 RESOLUTION ACKNOWLEDGING RECEIPT OF A CITIZEN 30 PETITION TO FORM A NO SHOOTING ZONE IN THE DRAYTON HARBOR AREA 31 OF WHATCOM COUNTY 32 33 This item was withdrawn from the agenda. 34 35 16. AB2019-431 RESOLUTION ESTABLISHING THE COUNCIL'S INTENT TO 36 CONDUCT A HEARING ON A PROPOSAL TO CREATE A NO SHOOTING ZONE IN 37 DRAYTON HARBOR, AS REQUESTED BY THE CITY OF BLAINE 38 39 Brenner reported for the Public Works and Health Committee and moved to 40 approve the resolution. 41 42 Councilmembers discussed next steps and whether the proposal will result in better 43 public safety. 44 45 The motion carried by the following vote: 46 Ayes: Brenner, Browne, Buchanan, Donovan, Frazey, and Sidhu (6) 47 Nays: Byrd (1) 48 49 17. AB2019-427 AMENDMENTS TO THE (CWSP) COORDINATED WATER SUPPLY 50 PLAN ADDRESSING TIMELY, REASONABLE AND TRANSPARENCY 51 52 Brenner reported for the Public Works and Health Committee and moved to 53 approve the amendments. Regular County Council Meeting, 8/7/2019, Page 6 Councilmembers spoke about the integrity of the people who run the water districts in managing on behalf of their service area. The motion carried by the following vote: Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7) Nays: None(0) 18. AB2019-432 RESOLUTION ADOPTING A STATEMENT OF PUBLIC HEALTH, SAFETY, AND JUSTICE FACILITY PLANNING PRINCIPLES FOR WHATCOM COUNTY Buchanan reported for the Criminal Justice and Public Safety Committee and moved to approve the resolution. Councilmembers discussed correcting scrivener's errors. Donovan moved to amend item 9, "...or expanded to include a crisis triage €ac-i+ity operations...." The motion was seconded. The motion to amend carried by the following vote: Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7) Nays: None(0) The motion to approve as amended carried by the following vote: Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7) Nays: None(0) COMMITTEE REPORTS OTHER ITEMS AND COUNCILMEMBER UPDATES Buchanan moved that the County Council support the Executive's decision to award the bid for the construction of the Crisis Stabilization Facility, with the understanding that the Council intent will be supportive of the concept of a future budget supplemental of $1 million to be transferred to the project based budget to provide the needed contingency funds for the project. The motion was seconded. Councilmembers discussed delaying until there is certain funding for operational expenses and construction costs are lower due to a recession, creating a ten-year capital project budget, and their ability to hire staff for the facility. The motion carried by the following vote: Ayes: Browne, Buchanan, Donovan, Frazey, and Sidhu (5) Nays: Byrd (1) Abstains: Byrd (1) Regular County Council Meeting, 8/7/2019, 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 OTHER ITEMS 19. AB2019-358 RESOLUTION FORWARDING CASCADIA LAW GROUP'S RECOMMENDATIONS FOR CHERRY POINT UGA COMPREHENSIVE PLAN AND ZONING CODE AMENDMENTS Donovan moved to accept the August 5, 2019 version of the Comprehensive Plan changes. The motion was seconded The motion carried by the following vote: Ayes: Browne, Buchanan, Donovan, Frazey, and Sidhu (5) Nays: Brenner and Byrd (2) Donovan moved to approve the revised alternate resolution with one amendment to the last resolved statement, "...one or more additional meetings in August eF September the fall." The motion was seconded. The motion carried by the following vote: Ayes: Browne, Buchanan, Donovan, Frazey, and Sidhu (5) Nays: Brenner and Byrd (2) COUNCIL APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES 1. AB2019-429 APPOINTMENT TO THE HOMELESS STRATEGIES WORKGROUP, REPRESENTING A HOMELESS ADVOCATE Buchanan nominated all applicants. Browne voted for Jennifer Mansfield. Frazey voted for Markis Stidham. Brenner voted for Stidham. Byrd voted for Stidham. Sidhu voted for Stidham. Donovan voted for Stidham. Buchanan voted for Stidham. The Council appointed Markis Stidham. Regular County Council Meeting, 8/7/2019, Page 8 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 INTRODUCTION ITEMS 1. AB2019-419 ORDINANCE AMENDING THE 2019 WHATCOM COUNTY BUDGET, REQUEST NO. 11, IN THE AMOUNT OF $986,542 Brenner moved to accept the Introduction Item. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7) Nays: None (0) COMMITTEE REPORTS OTHER ITEMS AND COUNCILMEMBER UPDATES Committee chairs reported on committee discussions. Councilmembers gave updates on recent activities and upcoming events. ADJOURN The meeting adjourned at 8:41 p.m. The County Council approved these minutes on September 10, 2019. 'i..1 i ,A' l 4 Y sly FJed Dana br6wn-DIy(; Qoun� Clerk 6 Jill Nixon, Minutes Transcription Regular County Council Meeting, 8/7/2019, Page 9