HomeMy WebLinkAboutCouncil July 23 20191
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WHATCOM COUNTY COUNCIL
Regular County Council Meeting
July 23, 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
OTHER ITEMS
9. AB2019-358 RESOLUTION FORWARDING CASCADIA LAW GROUP'S
RECOMMENDATIONS FOR CHERRY POINT UGA COMPREHENSIVE PLAN AND
ZONING CODE AMENDMENTS
Browne stated this item will be held to a special meeting on July 30.
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. MIN2019-048 SURFACE WATER WORK SESSION FOR MAY 14, 2019
2. MIN2019-049 SPECIAL COMMITTEE OF THE WHOLE FOR JULY 9, 2019
3. MIN2019-050 COUNTY COUNCIL FOR JULY 9, 2019
4. MIN2019-051 HEALTH BOARD FOR JUNE 11, 2019
S. MIN2019-052 SURFACE WATER WORK SESSION FOR JUNE 25, 2019
Regular County Council Meeting, 7/23/2019, Page 1
PUBLIC HEARINGS
3. AB2019-383 ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER
11.32, BOATING AND SWIMMING, SPECIAL RESTRICTIONS, RELATING TO
TWO-STROKE ENGINE POWERED WATERCRAFT
Councilmembers discussed a committee discussion on aquatic invasive species in
wake boats.
1. 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
Browne opened the public hearing, and hearing no one, closed the public hearing.
Buchanan moved to adopt the ordinance.
The motion was seconded.
Councilmembers discussed making sure that people in the districts are protected.
The motion carried by the following vote:
Ayes: Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (6)
Nays: None (0)
Abstains: Brenner (1)
2. AB2019-377 ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER
16.30 ENTITLED "LAKE WHATCOM STORMWATER UTILITY FUNDING
MECHANISM"
Browne opened the public hearing, and the following people spoke:
Art Hyatt stated the County and City have not reversed the degradation of Lake
Whatcom. The lack of progress is the fault of the County and City.
Krista Rome, ReSources, stated they support the utility rate structure. The County
and City need to spend more money on prevention than on treatment.
Laura Weiss stated she supports the utility rate structure. They must focus on
prevention, which will be much cheaper, rather than on treatment.
Mike Kaufman stated he supports the utility rate structure. There even needs to be
a toll on anyone who travels into the watershed.
Pat Alesse stated he supports the stormwater utility, which should be based on the
property square footage. They also need to charge the fee of the federal government.
Bill LaFreniere stated the concern should be with contamination from sewage
treatment overflows and faulty septic tanks. The contamination is coming from upstream.
Regular County Council Meeting, 7/23/2019, Page 2
1
2 Hearing no one else, Browne closed the public hearing.
3
4 Donovan moved to adopt the ordinance.
5
6 The motion was seconded.
7
8 Councilmembers discussed allowing property owners to create a net gain in the
9 watershed and be exempt from the fee as an incentive, County recreational opportunities in
10 the watershed as a cause of more contamination, complying with the total maximum daily
11 load (TMDL) requirements, the equity of the fee structure, fees versus taxes, the equity of
12 the homeowner incentive program (HIP), and making sure there is enough time to discuss
13 the issues that come to the Council.
14
15 The motion carried by the following vote:
16 Ayes: Browne, Buchanan, Donovan, Frazey, and Sidhu (5)
17 Nays: Brenner and Byrd (2)
18
19 3. AB2019-383 ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER
20 11.32, BOATING AND SWIMMING, SPECIAL RESTRICTIONS, RELATING TO
21 TWO-STROKE ENGINE POWERED WATERCRAFT
22
23 Browne opened the public hearing, and the following people spoke:
24
25 David Mauro stated they would like the same protections granted to residents on
26 Lake Whatcom.
27
28 Gary Baker stated he supports not allowing anything that causes pollution. Phase in
29 the restriction or include a senior exemption to allow people time to transition.
30
31 James Willson submitted and read from a handout (on file) and stated he supports
32 the ordinance.
33
34 Eric McHenry stated he would like the restrictions to be phased in.
35
36 Paul Joostens stated gasoline evaporates out of the drinking water. Phase in
37 restrictions to the end of next season to allow for time to educate the boaters.
38
39 Becky O'Brien -Willson stated she supports the ordinance. Lake Samish should have
40 the same protections as Lake Whatcom.
41
42 Hearing no one else, Browne stated the public record will be left open to take
43 additional comments until the special meeting on July 31.
44
45 Donovan moved to refer to committee and the next evening Council meeting on
46 August 7.
47
48 The motion was seconded.
49
50 Councilmembers discussed how much longer to wait until they address the ordinance
51 again, issues with wake boards, and having a meeting with the community.
52
53
Regular County Council Meeting, 7/23/2019, Page 3
1 The motion carried by the following vote:
2 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
3 Nays: None (0)
4
5
6 OPEN SESSION
7
8 The following people spoke:
9 • Jan (inaudible) spoke about approving a resolution to protect refugees.
10 a Milt Kreiger spoke about voting locally on tough national issues such as
11 protecting refugees.
12 • Colleen Curtis spoke about protecting refugees.
13 • Kathy Sabel spoke about the Watershed Management Board work plan.
14 • Mike Kaufman spoke about Cascadia Law Group's recommendations for
15 proposed Cherry Point Urban Growth Area (UGA) Comprehensive Plan and
16 zoning code amendments (AB2019-387).
17 • Molly Crocker spoke about watershed management planning.
18 • Tiffany Hough, Laborer's Local 292, spoke about Cascadia Law Group's
19 recommendations for proposed Cherry Point Urban Growth Area (UGA)
20 Comprehensive Plan and zoning code amendments (AB2019-387).
21 • Bob Gay spoke about Cascadia Law Group's recommendations for proposed
22 Cherry Point Urban Growth Area (UGA) Comprehensive Plan and zoning code
23 amendments (AB2019-387).
24 • Trevor Smith spoke about Cascadia Law Group's recommendations for
25 proposed Cherry Point Urban Growth Area (UGA) Comprehensive Plan and
26 zoning code amendments (AB2019-387).
27 0 Matthew Hefner, Certified Electrical Workers of Washington and International
28 Brotherhood of Electrical Workers, stated they are opposed to proposed
29 changes to the Cherry Point Urban Growth Area (UGA) Comprehensive Plan
30 and zoning code amendments (AB2019-387).
31 0 Patricia Neil, Laborer's Local 292 Member, spoke about proposed changes to
32 the Cherry Point Urban Growth Area (UGA) Comprehensive Plan and zoning
33 code amendments (AB2019-387).
34 0 Max Perry spoke about the history and work of the water resources inventory
35 area (WRIA) 1 Planning Unit.
36 • Bill LaFreniere spoke about creating a steel mill in the Cherry Point Urban
37 Growth Area (UGA) (AB2019-387).
38 • Rich Devoe spoke about impacts from wake board and other boating setback
39 requirements (AB2019-306).
40 0 Dave Mauro spoke about creating a no -wake zone in Lake Samish.
41 • Carol Perry spoke about the Watershed Management Board, Management
42 Team, and WRIA 1 Planning Unit meetings.
43 • Eric McHenry spoke about a community meeting at Lake Samish and the
44 various boating issues.
45 • James Willson spoke about boating restrictions and dock damage at Lake
46 Samish.
47
48
49 OTHER ITEMS
50
51 1. AB2019-376 ORDINANCE AMENDING THE PROJECT BUDGET FOR THE
52 AGATE HEIGHTS/ESTATE BAY LANE STORM WATER IMPROVEMENTS FUND,
53 REQUEST NO. 3
Regular County Council Meeting, 7/23/2019, Page 4
Sidhu reported for the Council Finance and Administrative Services Committee and
moved to adopt the ordinance
The motion carried by the following vote:
Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
Nays: None(0)
2. AB2019-378 ORDINANCE AMENDING THE 2019 WHATCOM COUNTY
BUDGET, REQUEST NO. 9, IN THE AMOUNT OF $282,122
Sidhu reported for the Council Finance and Administrative Services Committee and
moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Browne, Buchanan, Donovan, Frazey, and Sidhu (5)
Nays: Brenner and Byrd (2)
3. AB2019-386 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY
AND WASHINGTON STATE DEPARTMENT OF COMMERCE FOR RESOURCES TO
ASSIST PEOPLE WHO ARE EXPERIENCING HOMELESSNESS TO OBTAIN AND
MAINTAIN HOUSING STABILITY, IN THE AMOUNT OF $4,257,257
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, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
Nays: None(0)
4. AB2019-380 RESOLUTION AMENDING THE 2019 FLOOD CONTROL ZONE
DISTRICT AND SUBZONES BUDGET, REQUEST NO. 4, IN THE AMOUNT OF
$218,000 (COUNCIL ACTING AS THE FLOOD CONTROL ZONE DISTRICT
BOARD OF SUPERVISORS)
Sidhu reported for the Council Finance and Administrative Services Committee and
moved to approve the resolution.
The motion carried by the following vote:
Ayes: Browne, Buchanan, Donovan, Frazey, and Sidhu (5)
Nays: Brenner and Byrd (1)
(Clerk's Note: Council continued discussion of this item, including a reconsideration
of the vote, at the end of the meeting.)
S. AB2019-391 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND
KPFF CONSULTING ENGINEERS, INC TO INCREASE THE ORIGINAL
CONTRACT AMOUNT OF $322,119 BY $729,344 FOR A NEW AMOUNT NOT TO
EXCEED $1,051,463
Regular County Council Meeting, 7/23/2019, Page 5
1 Sidhu reported for the Council Finance and Administrative Services Committee and
2 moved to approve the request.
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 6. AB2019-393 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
9 ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND
10 OPPORTUNITY COUNCIL TO DELIVER HOUSING AND ESSENTIAL NEEDS
11 (HEN) AND UTILITY ASSISTANCE TO ELIGIBLE RECIPIENTS IN THE AMOUNT
12 OF $1,429,113 FOR A TOTAL AMENDED CONTRACT AMOUNT OF
13 $2,629,463.50
14
15 Sidhu reported for the Council Finance and Administrative Services Committee and
16 moved 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 7. AB2019-402 RESOLUTION AMENDING THE HOMELESS STRATEGIES
23 WORKGROUP TO EXPAND ITS MEMBERSHIP AND PURPOSE
24
25 Brenner reported for the Council Public Works and Health Committee and moved to
26 approve the substitute resolution.
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 8. AB2019-389 ORDINANCE AMENDING WHATCOM COUNTY CODE 2.46.020
33 AND 2.46.030 TO REVISE THE WHATCOM COUNTY INCARCERATION
34 PREVENTION AND REDUCTION TASK FORCE PURPOSE AND FUNCTION
35
36 Buchanan reported for the Council Criminal Justice and Public Safety Committee
37 and moved to adopt the ordinance as amended in committee, "G. ...evidence- based and/or
38 other strategies...."
39
40 The motion carried by the following vote:
41 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
42 Nays: None (0)
43
44 10. AB2019-316 ORDINANCE AMENDING WCC CHAPTERS 20.51 AND 20.71
45 PERTAINING TO TREE REMOVAL PERMIT PROCEDURES, AND CHAPTER 23.10
46 UPDATING THE REFERENCED CRITICAL AREAS ORDINANCE IN THE
47 SHORELINE MANAGEMENT PROGRAM
48
49 Buchanan moved to adopt the ordinance.
50
51 The motion was seconded.
52
Regular County Council Meeting, 7/23/2019, Page 6
1 Mark Personius, Planning and Development Services Department Director, answered
2 questions about hazard tree and tree canopy removal in watersheds.
3
4 The motion carried by the following vote:
5 Ayes: Browne, Buchanan, Byrd, Frazey, and Sidhu (5)
6 Nays: None (0)
7 Abstains: Brenner and Donovan (2)
8
9 11. AB2019-322 ORDINANCE AMENDING WHATCOM COUNTY CHARTER
10 SECTIONS 4.20 (QUALIFICATIONS) AND 6.90 (ILLEGAL CONTRACTS)
11
12 Sidhu moved to adopt the ordinance.
13
14 The motion was seconded.
15
16 Karen Frakes, Prosecutor's Office, answered questions.
17
18 Councilmembers and staff discussed who determines whether language is moot or
19 obsolete and ensuring gender -neutral language.
20
21 Donovan moved to amend Section 4.20 "pis appointment" and Section 6.90
22 "heF eF his such action."
23
24 The motion to amend was seconded.
25
26 The motion to amend carried by the following vote:
27 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
28 Nays: None (0)
29
30 The motion to approve as amended carried by the following vote:
31 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
32 Nays: None (0)
33
34
35 INTRODUCTION ITEMS
36
37 Buchanan moved to accept the Introduction Items.
38
39 The motion was seconded.
40
41 The motion carried by the following vote:
42 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
43 Nays: None (0)
44
45 1. AB2019-399 ORDINANCE AMENDING ORDINANCE 81-6, WHICH
46 ESTABLISHED THE COMMUNITY DEVELOPMENT FUND, SECOND REQUEST
47
48 2. AB2019-400 ORDINANCE AMENDING THE 2019 WHATCOM COUNTY
49 BUDGET, REQUEST NO. 10, IN THE AMOUNT OF $2,650,000
50
51
52
Regular County Council Meeting, 7/23/2019, Page 7
1 COMMITTEE REPORTS OTHER ITEMS AND COUNCILMEMBER UPDATES
2
3 Council chairs reported on committee discussions.
4
5 Browne submitted a letter from the Council regarding a 10-Minute Walk Planning
6 Grant and Technical Assistance (on file).
7
8 Sidhu moved to approve the letter.
9
10 The motion was seconded.
11
12 The motion carried by the following vote:
13 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
14 Nays: None (0)
15
16 Councilmembers discussed the Homeless Strategies Workgroup and allowing
17 churches to have a permit to house homeless people and creating a pre -permit process.
18
19
20 OTHER ITEMS
21
22 4. AB2019-380 RESOLUTION AMENDING THE 2019 FLOOD CONTROL ZONE
23 DISTRICT AND SUBZONES BUDGET, REQUEST NO. 4, IN THE AMOUNT OF
24 $218,000 (COUNCIL ACTING AS THE FLOOD CONTROL ZONE DISTRICT
25 BOARD OF SUPERVISORS)
26
27 Buchanan moved to reconsider the vote.
28
29 The motion to reconsider 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 Buchanan restated the motion to approve the resolution.
36
37 Councilmembers discussed funding to develop the fee role.
38
39 The motion to approve the resolution carried by the following vote:
40 Ayes: Brenner, Browne, Buchanan, Donovan, Frazey, and Sidhu (6)
41 Nays: None (0)
42 Abstains: Byrd (1)
43
44
45 COMMITTEE REPORTS OTHER ITEMS AND COUNCILMEMBER UPDATES
46
47 Councilmembers gave updates on recent activities and upcoming events.
48
49
50
Regular County Council Meeting, 7/23/2019, Page 8
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ADJOURN
The meeting adjourned at 9:45 p.m.
The County Council approved these minutes on September 10, 2019.
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WHAT M COUNTY COUNCIL
WHA OM COUNTY, WASHINGTON
�Zud Brown Council Chair
Regular County Council Meeting, 7/23/2019, Page 9