HomeMy WebLinkAboutCouncil Rev September 24 2019Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Minutes - Final -revised
Tuesday, September 24, 2019
7PM
Council Chambers
COUNCILMEMBERS
Barbara Brenner
Rud Browne
Barry Buchanan
Tyler Byrd
Todd Donovan
Carol Frazey
Satpal Sidhu
CLERK OF THE COUNCIL
Dana Brown -Davis, C.M.C.
Council Minutes - Final -revised September 24, 2019
COUNTY COUNCIL
CALL TO ORDER
Council Chair Rud Browne called the meeting to order at 7 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: 7 - 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 accept the minutes consent items. The motion was seconded (see
votes on individual items below).
1. MIN2019-063 Regular County Council for September 10, 2019
Brenner moved and Donovan seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
2. MIN2019-064 Committee of the Whole for September 10, 2019
Brenner moved and Donovan seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
3. MIN2019-065 Special Committee of the Whole for September 10, 2019
Brenner moved and Donovan seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
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Nay: 0
Absent: 0
4. MIN2019-066 Surface Water Work Session for September 17, 2019
Brenner moved and Donovan seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
PUBLIC HEARINGS
1. AB2019-366 Ordinance granting Comcast Cable Communications Management, LLC, a
non-exclusive franchise for the provision of cable services
Browne opened the public hearing, and the following people spoke:
Vincent Buys, Comcast Government and Regulatory Affairs, thanked the
administrative staff and stated he is available for questions.
Patrick Alesse spoke about the importance of good internet service.
Hearing no one else, Browne closed the public hearing.
Brenner moved and Byrd seconded that the ordinance be adopted.
Councilmembers discussed and Buys answered questions about the differences in the
agreements between Comcast and the City of Bellingham and Comcast with the
County, density requirements in both the old and new franchises, whether the one
percent increase will be passed on to the consumer, the company policy on helping
people in rural areas gain access to internet services, not having to raise costs for
service, how many miles of transmission line are laid in a year and how that is
coordinated with the power company's projects, the state of the system in Sumas, and
different ways of adding lines in rural areas.
Brenner's motion that the Ordinance be ADOPTED carried by the following
vote:
Aye: 6 - Brenner, Browne, Buchanan, Byrd, Frazey, and Sidhu
Nay: 1 - Donovan
Absent: 0
Enactment No: ORD 2019-063
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2. AB2019-368 Ordinance granting WaveDivision I, LLC, a non-exclusive franchise for the provision
of cable services
Browne opened the public hearing, and the following people spoke:
Thomas Steele spoke for Wave and answered questions about why he relocated to
this area, and whether his company would be interested in working in rural areas.
Hearing no one else, Browne closed the public hearing.
Brenner moved and Frazey seconded that the Ordinance be adopted.
Councilmembers discussed holding the item to ensure that the terms of the franchise
include giving better service to rural communities by decreasing density thresholds.
Andrew Hester, Public Works Department, answered a question about why both
franchises were recommended, how the franchise would be affected if the item were
held and the Comcast franchise was reconsidered, and whether there are examples of
how other cable companies work with rural areas.
Tyler Schroeder, Executive's Office, gave some background and answered questions
about the process of negotiating the terms of the Comcast franchise.
Hester answered whether there is any other jurisdiction that allocates its franchise fee
back to the provider to subsidize the cost of infrastructure.
Brenner's motion that the Ordinance be ADOPTED carried by the following
vote:
Aye: 6 - Brenner, Browne, Buchanan, Byrd, Frazey, and Sidhu
Nay: 0
Absent: 0
Abstain: 1 - Donovan
Enactment No: ORD 2019-064
3. AB2019-379 Resolution vacating Safsten Road
Browne opened the public hearing, and the following people spoke:
Pam Brady, BP Cherry Point Refinery, spoke in favor of the vacation of Safsten
Road.
Hearing no one else, Browne closed the public hearing.
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Councilmembers discussed and Brady answered questions about whether there was a
specific project for which the vacation would be an advanced mitigation and how the
vacation is consistent with Ordinance 2018-044 (Ordinance imposing an interim
moratorium on the acceptance and processing of applications and permits for new or
expanded facilities in the Cherry Point urban growth area, the primary purpose of
which would be the shipment of unrefined fossil fuels not to be processed at Cherry
Point), whether the Whatcom County Code addresses planning for advanced
mitigation, and how the County could assist in the process.
Brenner moved and Byrd seconded that the Resolution be APPROVED. The
motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
Enactment No: RES 2019-039
4. AB2019-445 Resolution in the matter of the Whatcom County Six -Year Transportation
Improvement Program (STIP) for the years 2020 through 2025
Joe Rutan, Public Works Department, gave a staff report and stated the Birch Bay
project has gone out for bid.
Browne opened the public hearing, and the following people spoke:
Eileen Kadesh, Whatcom County Bicycle Pedestrian Advisory Committee,
requested that the Council include portions of the Nooksack Loop trail and the Bay
to Bay International trail in the six -year plan and that a feasability study for a bicycle
pedestrian trail be done on Dearborn between Drayton Harbor Road and Dakota
Creek Bridge.
Hearing no one else, Browne closed the public hearing.
Jon Hutchings, Public Works Department Director, spoke about projects that are
currently included and building more specific projects into the Six -Year
Transportation Improvement Program that address issues for bicycles and
pedestrians, the challenges of implementing the proposals from the Bicycle Pedestrian
Advisory Committee, and focusing on projects such as shoulders on roads which
contribute to bicycle and pedestrian safety.
Rutan and Hutchings answered questions and Councilmembers discussed traffic issues
on Pacific Highway and on Euclid Street in Bellingham, adding shoulders and other
modifications to such roadways and the challenges of that, and whether possible
funding for bicycle and pedestrian trails could come from private sources.
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Donovan moved and Byrd seconded that the Resolution Requiring a Public
Hearing be APPROVED. The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
Enactment No: RES 2019-040
5. AB2019-450 Ordinance establishing a speed limit for portions of East Smith Road and Everson
Goshen Road
Joe Rutan, Public Works Department, gave a staff report.
Browne opened the public hearing, and the following people spoke:
Kathy Sable spoke in support of the ordinance.
Rutan and Councilmembers discussed the current speed limit and the required
distance to reduce speed before a roundabout; and the use of other methods to slow
traffic including blinking lights, reflective pole wraps, and traffic radar signs.
Brenner moved and Buchanan seconded that the Ordinance be ADOPTED.
The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
Enactment No: ORD 2019-065
6. AB2019-456 Resolution adopting the Six -Year Water Resources Improvement Program (WRIP),
2020-2025
Browne opened the public hearing, and hearing no one, closed the public hearing.
Brenner moved and Donovan seconded that the Resolution Requiring a
Public Hearing be APPROVED. The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
Enactment No: RES 2019-041
7. AB2019-458 Ordinance amending WCC 8.13, Solid Waste Disposal District, regarding the Solid
Waste Excise Privilege Tax
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Browne opened the public hearing, and hearing no one, closed the public hearing.
Brenner moved and Frazey seconded that the Ordinance be ADOPTED. The
motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
Enactment No: ORD 2019-066
OPEN SESSION (20 MINUTES)
The following people spoke about AB2019-480 and AB2019-479 regarding
proposed amendments to Whatcom County Code Chapters 11.16 and 11.20 to
protect Lake Samish shoreline properties and Lake Samish water recreation:
Debra Noonan
Meredith Skully
Annie Jewitt
Jerry Johnson
Richard Herman
Dave Morrow
Paul Joostens
Janet Monks
Anne Bremer
Eric McHenry
James Wilson
John F. Bremer
Hearing no one else, Browne closed the open session.
Councilmember Byrd spoke about his process for gathering opinions of residents of
Lake Samish and finding the best solution.
CONSENT AGENDA
(From Council Finance and Administrative Services Committee)
1. AB2019-471 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and the Opportunity Council for the East Whatcom
Regional Resource Center Phase II Construction project, in the amount of $172,000
Sidhu reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
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Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
2. AB2019-474 Request authorization for the County Executive to enter into a contract between
Whatcom County and SAZAN Group for design and construction services for
Plantation Indoor Range HVAC and Roof Replacement, in the amount of $53,650
Councilmembers discussed the gun range losing money over the last five years, how
the program is a resource for public safety and recreation for the community, whether
the range should be privatized, and investing money into the property to maintain its
value.
Sidhu reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu
Nay: 1 - Frazey
Absent: 0
3. AB2019-477 Request approval for the County Executive to award Bid #19-59 for the purchase of
one 27' full cabin patrol boat to low bidder, Inventech Marine Solutions, in an amount
not to exceed $373,499.26
Sidhu reported for the Finance and Administrative Services Committee and
moved that the Bid Award be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
OTHER ITEMS
(From Council Natural Resources Committee)
1. AB2019-475 Resolution declaring the County Council's support for the update to the Rural Land
Study to identify areas deserving heightened agricultural protection measures
Donovan reported for the Natural Resources Committee and moved that the
Resolution be APPROVED. The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
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Absent: 0
Enactment No: RES 2019-042
(From Council Finance and Administrative Services Committee)
2. AB2019-451 Ordinance amending the project budget for the Birch Bay Drive and Pedestrian
Facility Project Fund, Request No. 5
Sidhu reported for the Finance and Administrative Services Committee and
moved that the Ordinance be ADOPTED. The motion carried by the following
vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
Enactment No: ORD 2019-067
3. AB2019-460 Ordinance amending the project budget for the East Whatcom Regional Resource
Center Expansion project, in the amount of $172,000
Sidhu reported for the Finance and Administrative Services Committee and
moved that the Ordinance be ADOPTED. The motion carried by the following
vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
Enactment No: ORD 2019-068
4. AB2019-464 Ordinance amending the project budget for the Triage Center Expansion Fund,
request no. 3
Sidhu reported for the Finance and Administrative Services Committee and
moved that the Ordinance be ADOPTED. The motion carried by the following
vote:
Aye: 6 - Brenner, Browne, Buchanan, Donovan, Frazey, and Sidhu
Nay: 1 - Byrd
Absent: 0
Enactment No: ORD 2019-069
5. AB2019-465 Ordinance amending the 2019 Whatcom County budget, request no. 12, in the
amount of $2,759,531
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Sidhu reported for the Finance and Administrative Services Committee and
moved that the Ordinance be ADOPTED. The motion carried by the following
vote:
Aye: 6 - Brenner, Browne, Buchanan, Donovan, Frazey, and Sidhu
Nay: 1 - Byrd
Absent: 0
Enactment No: ORD 2019-070
6. AB2019-446 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Bellingham so that the City may install,
maintain, and repair communications equipment for the Whatcom County Sheriff's
Office
Sidhu reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED. The motion carried by the
following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
(From Council Planning and Development Committee)
7. AB2019-481 Consideration of Hearing Examiner's recommendation on Preliminary Long
Subdivision application filed by Wesley Herman (WD-40 Cluster Long Subdivision)
Byrd reported for the Planning and Development Committee and moved that
the Hearing Examiner Recommended Decision be AFFIRMED. The motion
carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
8. AB2019-417 Resolution to replace the Business Rules of the Whatcom County Hearing Examiner
Byrd reported for the Planning and Development Committee and reported
that this agenda item was HELD IN COMMITTEE.
EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND
COMMITTEES
1. AB2019-473 Request confirmation of the County Executive's appointment of Alec Howard to the
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Whatcom County Bicycle Pedestrian Advisory Committee
Donovan moved and Buchanan seconded that the Executive Appointment be
CONFIRMED. The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
INTRODUCTION ITEMS
1. AB2019-472 Ordinance amending Whatcom County Code 9.32, Unlawful Discharge of Firearms,
to establish a no shooting zone in the Drayton Harbor area of Whatcom County
Brenner moved and Buchanan seconded that the Ordinance be
INTRODUCED. The motion carried by the following vote:
Aye: 6 - Brenner, Browne, Buchanan, Donovan, Frazey, and Sidhu
Nay: 1 - Byrd
Absent: 0
2. AB2019-480 Ordinance amending Whatcom County Code Chapters 11.16 and 11.20 to protect
Lake Samish shoreline properties and Lake Samish water recreation
This agenda item was WITHDRAWN.
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Committee Chair Todd Donovan gave a committee report from Natural Resources.
Councilmembers discussed the motion made in committee to recommend that the
Planning Unit give its approval of the workplan within 60 days, giving the Executive a
recommendation for how to vote at the Management Board Meeting, a request to
reconsider the motion from the Natural Resources Committee, revisiting the role and
functions of the Planning Unit and the Watershed Management Board, and the
process for recommendations and decision -making.
Browne moved to support allowing the County Executive to approve the
recommended amendments to the Watershed Management Board's five-year plan.
The following people answered questions about the wording of the motion:
Dana Brown -Davis, Clerk of the Council
Gary Stoyka, Public Works Department
Councilmembers discussed whether they should wait to get approval from the
Planning Unit before giving a recommendation to the Executive.
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ADJOURN
Tyler Schroeder, Executive's Office, read from and summarized comments that were
emailed to the Council from Planning Unit members Henry Bierlink, Dan Eisses, and
Karlee Deatherage.
Councilmembers discussed the Council's role and authority, whether
recommendations on the five-year plan have already come from the Planning Unit,
and what those recommendations are.
Browne moved to call the question. The motion was seconded.
The motion to call the question carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, Sidhu
Nay: 0
The motion to recommend that the Executive approve the Watershed Management
Board's five-year work plan amendments carried by the following vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Sidhu
Nay: 2 - Brenner and Byrd
Councilmembers discussed and agreed to schedule another discussion about the
watershed planning process in Committee.
Committee Chairs gave committee reports and updates on recent activities and recent
events.
COUNCILMEMBERS DISCUSSED, AND A MOTION WAS APPROVED
The meeting adjourned at 10:42 p.m.
The County Council approved these revised minutes on January 14, 2020.
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ATTEST:
WHATCOM COUNTY COUNCIL
WHAT CO TY, WA
.A' a
Darla Brown-15avis, C6uncil Clerk Ru Browne, Council Chair
Kristi Felbinger, Minutes Trans' ription
SIGNED COPY ON FILE
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