HomeMy WebLinkAboutCouncil November 6 2019Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste 4105
Bellingham, WA 98225-4038
(360) 778-5010
Minutes - Final
Wednesday, November 6, 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 November 6, 2019
COUNTY COUNCIL
CALL TO ORDER
Council Vice Chair Todd Donovan 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
Rud Browne participated in the meeting by phone.
FLAG SALUTE
ANNOUNCEMENTS
Councilmembers had a moment of silence on the passing of retired chief of police of
Ferndale and interim chief of Blaine and Lynden, Michael Knapp.
MINUTES CONSENT
1. MIN2019-1 16 Regular County Council for October 22, 2019
Buchanan moved and Brenner 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
INTRODUCTION ITEMS
Brenner moved to introduce items one through 15. The motion was seconded (see
votes on individual items below).
1. AB2019-552 Ordinance amending the 2019 Whatcom County budget, request no. 14, in the
amount of $72,853
Brenner moved and Byrd seconded that the Ordinance be INTRODUCED.
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: ORD 2019-080
2. AB2019-553 Ordinance amending the project budget for the Lummi Nation Ferry Lease Fund,
Request No. 2
Brenner moved and Frazey seconded that the Ordinance be INTRODUCED.
The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
Enactment No: ORD 2019-081
3. AB2019-562 Ordinance amending the Project Budget for the Criminal Justice Integrated Case
Management Systems Fund, Request No. 1
Brenner moved and Frazey seconded that the Ordinance be INTRODUCED.
The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
4. AB2019-564 Ordinance amending the Project Budget for the Lake Whatcom Park Trail
Development Fund, Request No. 1
Brenner moved and Frazey seconded that the Ordinance be INTRODUCED.
The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
Enactment No: ORD 2019-082
5. AB2019-565 Ordinance amending the 2020 Whatcom County Budget, Request No. 1, in the
amount of $19,206,192
Brenner moved and Frazey seconded that the Ordinance be INTRODUCED.
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: ORD 2019-088
6. AB2019-542 Ordinance authorizing the levy of taxes for countywide emergency medical purposes
for 2020
Brenner moved and Frazey seconded that the Ordinance be INTRODUCED.
The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
Enactment No: ORD 2019-075
7. AB2019-543 Ordinance authorizing the levy of taxes for Conservation Futures purposes for 2020
Brenner moved and Frazey seconded that the Ordinance be INTRODUCED.
The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
Enactment No: ORD 2019-076
8. AB2019-544 Ordinance authorizing the 2020 property tax levy for county road purposes
Brenner moved and Frazey seconded that the Ordinance be INTRODUCED.
The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
Enactment No: ORD 2019-077
9. AB2019-546 Ordinance limiting the 2020 General Fund property tax levy
Brenner moved and Frazey seconded that the Ordinance be INTRODUCED.
The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
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10. AB2019-547 Ordinance authorizing the levy of taxes for County and State purposes in Whatcom
County Washington for the year of 2020
Brenner moved and Frazey seconded that the Ordinance be INTRODUCED.
The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
Enactment No: ORD 2019-078
11. AB2019-285 Ordinance amending Whatcom County Code Title 3, requiring that public funds used
for construction projects do double duty by also providing apprentices with job
training hours to meet the requirements necessary to become the next generation of
skilled trades persons
Brenner moved and Frazey seconded that the Ordinance be INTRODUCED.
The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
Enactment No: ORD 2019-079
12. AB2019-551 Resolution adopting 2020 budget for the Point Roberts Transportation Benefit District
Brenner moved and Frazey seconded that the Resolution be INTRODUCED.
The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
Enactment No: RES 2019-056
13. AB2019-568 Resolution authorizing the County Executive to enter into a twenty year
communications tower lease agreement with Crown Castle GT for leased space on
park property at Lookout Mountain
Brenner moved and Frazey seconded that the Resolution be INTRODUCED.
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 2019-058
14. AB2019-545 Resolution authorizing the Board of Supervisors of the Whatcom County Flood
Control Zone District (WCFCZD) to impose an ad valorem property tax levy of up
to fifty cents per thousand dollars of assessed value upon real property within the
district in 2020
Brenner moved and Frazey seconded that the Resolution (FCZDBS) be
INTRODUCED. The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
Enactment No: RES 2019-055
15. AB2019-557 Resolution adopting the 2020 budget for the Whatcom County Flood Control Zone
District and Subzones (Council acting as the Flood Control Zone District Board of
Supervisors)
Brenner moved and Frazey seconded that the Resolution (FCZDBS) be
INTRODUCED. The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
Enactment No: RES 2019-057
REPORT FROM COMMITTEE OF THE WHOLE - P.M.
Donovan reported on a discussion from Committee of the Whole Executive Session.
He moved to retain the law firm of Keller Rohrback, at no cost to Whatcom County,
to investigate and pursue litigation against manufacturers and wholesalers of
e-cigarettes and related products, including Juul Labs, Inc., Altria, and their corporate
affiliates, in connection with the manufacture, sale, and marketing of their products.
The motion was seconded.
The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, Sidhu
Nay: 0
PUBLIC HEARINGS
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1. AB2019-528 Resolution authorizing the sale of surplus personal property pursuant to WCC 1.10
Donovan opened the public hearing, and hearing no one, closed the public hearing.
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 2019-051
2. AB2019-529 Resolution authorizing the sale of surplus real property (building only) pursuant to
WCC 1.10
Donovan opened the public hearing, and hearing no one, closed the public hearing.
Brenner moved and Frazey 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 2019-052
3. AB2019-531 Ordinance adopting interim zoning regulations for the siting, establishment, and
operation of temporary homeless facilities
Donovan opened the public hearing, and hearing no one, closed the public hearing.
Buchanan moved and Brenner seconded 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 2019-074
OPEN SESSION (20 MINUTES
The following people spoke about (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
Richard May
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Andrew Gamble (he also spoke about proposed Cherry Point amendments)
The following people spoke about reviewing the mandatory level of service for solid
waste in Point Roberts:
Allison Calder
Ken Calder
The following people spoke about (AB2019-479) Discussion of proposed ordinance
amending Whatcom County Code Chapters 11.16 and 11.20 to protect Lake Samish
shoreline properties and Lake Samish water recreation
Laurie Henley
Micah Ping
Rich DeVeau
David White
Janet Monks
Paul Tiscornia
Eric McHenry
Mark Walker (he also spoke about the ordinance creating a no -shooting zone in
Drayton Harbor)
Paul Joostens
The following people spoke about (AB2019-285) Ordinance amending Whatcom
County Code Title 3, requiring that public funds used for construction projects do
double duty by also providing apprentices with job training hours to meet the
requirements necessary to become the next generation of skilled trades persons
Hannah Holt
Trevor Smith (he also spoke about the Planning Commission review of proposed
Cherry Point amendments)
Tom Byma
Larry (no last name given)
Ryan Likkel
Rod Roth
Jeff Ten Pas
Fidencio Velasco (he also spoke about the Planning Commission review of
proposed Cherry Point amendments)
Dominic Gonzalez
Luis Seragon
Brian Cave
The following people spoke about the Planning Commission review of proposed
Cherry Point amendments:
Bob Gay
Chris Watrobka
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CONSENT AGENDA
Sidhu reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through five. Councilmembers discussed and
voted on those items (see votes on individual items below).
(From Council Finance and Administrative Services Committee)
1. AB2019-549 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Herrera Environmental Consultants to expand the
scope of work and increase the contract amount by $65,135 for a new amount not to
exceed $164,956
Sidhu moved that the Contract 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
2. AB2019-561 Request authorization for the Executive to enter into a contract between Whatcom
County and SoftResources, LLC for consulting services to assist Whatcom County's
plan to replace the current J.D. Edwards World enterprise resource planning (ERP)
system in the amount of $119,201.25
Sidhu moved that the Contract 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
3. AB2019-567 Request authorization for the County Executive to enter into a contract between
Whatcom County and Washington State Military Department to utilize Emergency
Management Performance Grant (EMPG) program funds to prepare for all hazards
through sustainment and enhancement of Division of Emergency Management
programs, in the amount of $73,478
Sidhu moved that the Contract 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
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4. AB2019-570 Request authorization for the County Executive to enter into a contract amendment
with Daniel A. Swedlow, Summit Law Group, to serve as Professional Negotiator
and provide legal services for collective bargaining, negotiations, mediation, binding
interest arbitration, and other actions brought by a Union
Sidhu moved that the Contract 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
5. AB2019-537 Request approval for the County Executive to authorize the purchase of vehicle body
repair services, using the Washington State Contract #05015, in an annual amount not
to exceed $70,000
Sidhu 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 Finance and Administrative Services Committee)
1. AB2019-535 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and City of Bellingham for partial funding of maintenance
and operations of the Crisis Triage Facility, in the amount of $59,000
Sidhu 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
2. AB2019-563 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State University for Master Gardener
Program support at County Park Sites
Sidhu moved that the Interlocal be AUTHORIZED. 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
3. AB2019-548 Resolution approving the 2020 recommended Convention Center Fund allocations
Sidhu 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
Absent: 0
Enactment No: RES 2019-053
4. AB2019-558 Request authorization for the County Executive to approve a Pass -Through
Agreement between the Whatcom County Flood Control Zone District and
Washington Department of Fish and Wildlife in the amount of $216,815 and to
execute a purchase and sale agreement that is consistent with the provisions and
purchase price in the agreement (Council acting as the Whatcom County Flood
Control Zone District Board of Supervisors)
Sidhu moved that the Contract (FCZDBS) be AUTHORIZED. The motion
carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 0
5. AB2019-559 Request authorization for the County Executive to enter into a grant amendment
between the Whatcom County Flood Control Zone District and the Washington State
Military Department to supplement the grant scope and budget in the amount of
$169,613 for a total amended grant amount of $512,350 (Council acting as the
Whatcom County Flood Control Zone District Board of Supervisors)
Sidhu moved that the Contract (FCZDBS) 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 Special Committee of the Whole)
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6. AB2019-573 Resolution acknowledging receipt of a citizen petition to form a no shooting zone in
Whatcom County to be known as the Dearborn No Shooting Zone
Sidhu moved and Buchanan 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 2019-054
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Councilmembers gave committee reports and updates on recent activities and
upcoming events including the following motions:
(From Committee of the Whole a.m.)
Discussion of pending litigation with Civil Deputy Prosecutor George Roche:
Maravilla v. Whatcom County, et al. (AB2019-571)
Donovan reported on having met in executive session and having been advised of the
natue of the lawsuit, the allegations contained therein, and pursuant to Whatcom
Countyh Code 2.56.
Sidhu moved and Frazey Seconded that the council affirmatively finds the following:
A. The employees were acting in a matter in which the county had an interest;
B. The employees were acting in the discharge of a duty imposed or authorized by
law;
C. The employees acted in good faith.
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:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, Sidhu
Nay: 0
Discussion of pending litigation with Civil Deputy Prosecutor George Roche:
Gardner
v. Whatcom County, et al. USDC no. 2:19-cv-01451 (AB2019-541)
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Donovan reported on having met in executive session and having been advised of the
natue of the lawsuit, the allegations contained therein, and pursuant to Whatcom
County Code 2.56.
Brenner moved and Buchanan Seconded that the council affirmatively finds the
following:
A. The employees were acting in a matter in which the county had an interest;
B. The employees were acting in the discharge of a duty imposed or authorized by
law;
C. The employees acted in good faith.
The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, Sidhu
Nay: 0
Discussion regarding potential property acquisition for the Flood Control
Zone District (AB2019-555)
Donovan reported on a discussion in Committee of the Whole - Executive Session.
Brenner moved and Frazey seconded to authorize the County Executive, acting on
behalf of the Whatcom County Flood Control Zone District Board of Supervisors, to
move forward with and complete acquisition of the property as long as the purchase
price of the property does not exceed the amount discussed in Executive Session.
The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, Sidhu
Nay: 0
(From Public Works and Health Committee)
ADJOURN
Discussion regarding possible safety issues associated with allowing golf
carts on certain roads in Birch Bay (AB2019-572)
Brenner reported on a discussion in the Public Works Committee and moved to
recommend that the Sheriff's office come back to Council with a plan for an online
low-cost golf cart registration process.
The motion carried by the following vote:
Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, Sidhu
Nay: 0
The meeting adjourned at 8:38 p.m.
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The County Council approved these minutes on December 3, 2019
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