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HomeMy WebLinkAboutCouncil December 3 2019Whatcom County Council COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Minutes - Final Tuesday, December 3, 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 December 3, 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 Councilmembers recognized the following people for their service, all of whom are leaving their positions in the coming year: Satpal Sidhu - for his service as a councilmember and his new position as the County Executive Debbie Adelstein - for her service as the County Auditor Jack Louws - for his service as the County Execituve for the last eight years Keith Willnauer - for his service as the County Assessor Dave McEachran - for his service as the Whatcom County Prosecuting Attorney for 46 years and his work on a recent high profile case that began during his time at the County Barbara Brenner - for her 28 years of service as a Whatcom County Councilmember Brenner was presented with a print of a painting she created that will be permanently hung on the Chambers wall. People, including former Council Chair, Carl Weimer, Current Councilmembers, Brenner's son Wes, and citizen Bob VanWeerdhuizen honored Brenner and spoke about her time as a public servant. MINUTES CONSENT Brenner moved to accept the minutes consent items. The motion was seconded (see votes on individual items below). 1. MIN2019-118 Committee of the Whole AM for November 6, 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 Whatcom County Page I Printed on 112212020 Council Minutes - Final December 3, 2019 Nay: 0 Absent: 0 2. MIN2019-119 Committee of the Whole PM for November 6, 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. MIN2019-120 Special Committee of the Whole for November 6, 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 4. MIN2019-121 Regular County Council for November 6, 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 5. MIN2019-122 Surface Water Work Session for November 12, 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 6. MIN2019-123 Special Council Meeting (Kendall) for October 29, 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 Whatcom County Page 2 Printed on 112212020 Council Minutes - Final December 3, 2019 Nay: 0 Absent: 0 7. MIN2019-126 Committee of the Whole -Executive Session for November 19, 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. AB2019-583 Resolution to sell tax -title property by public auction Browne opened the public hearing, and hearing no one, closed the public hearing. Brenner moved and Buchanan 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 2019-062 2. AB2019-597 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 Browne opened the public hearing, and the following people spoke in favor of the Ordinance: Jacob Pederson Mike Sennett Alex Ramel Abe Jacobson Catherine Dexter Michael Chiavario David Kershner Eddy Ury Ron Colson Warren Sheay Paula Rotundi Jean Carmean submitted a handout (on file) Hqudconr County Page 3 Printed on 112212020 Council Minutes - Final December 3, 2019 Nick Engelfried Marian Beddill Rainbow Medicine -Walker Rena Priest Candice Wilson The following people spoke in opposition to the Ordinance: Andrew Gamble Pam Brady Greg Erickson Jeff Ten Pas Hannah Holt Trevor Smith Charles Bailey Luis Aragon Joseph Marriott Miguel Edmondson Lance Calloway Jamie Reilly Chet Dow Fidencio Velasco Larry Rupcich Jacquelyn Styrna Miguel Perry Max Perry Scott Ostlund Carole Perry Lane McElvoy Rick Stumph Andronetta Douglass Patrick Alesse spoke about the moratorium and thanked Barbara Brenner for her service. Hearing no one else, Browne closed the public hearing. Donovan moved and Buchanan seconded that the ordinance be ADOPTED. Councilmembers discussed keeping the refining in Whatcom County, addressing fears about jobs leaving the County, understanding the messages that both sides of the issue are trying to convey, how long the Planning Commission and the Council have been working on the ordinance, and why the process has taken a long time. Donovan's motion that the Ordinance be ADOPTED carried by the following Whutconr County Page 4 Printed on 112212020 Council Minutes - Final December 3, 2019 vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Sidhu Nay: 2 - Brenner, and Byrd Absent: 0 Enactment No: ORD 2019-083 3. AB2019-606 Ordinance limiting 2020 property tax levy Councilmembers discussed the fact that if this ordinance were to be considered, AB2019-547 Ordinance authorizing the levy of taxes for County and State purposes in Whatcom County Washington for the year of 2020, would need to be repealed and reintroduced in another special meeting in December. Tyler Schroeder, Executive's Office, gave a staff report and explained the process for considering this ordinance. AB2019-607 Ordinance limiting the 2020 General Fund tax levy is the ordinance that is consistent with the passage of AB2019-547 because AB2019-547 refers to a zero percent (0%) tax increase. Thus AB2019-606 (this ordinance which refers to a one percent [1%] tax increase) can not be considered without rescinding AB2019-547 first. Schroeder and Brad Bennett, Administrative Services Department, discussed the implications of adopting AB2019-607 which would bank the one percent (1%) according to Washington State law which recognizes that if a jurisdiction does not take a one percent (1%) property tax increase the ability to do so in the future is added to its banked capacity. Since Whatcom County has not taken a tax increase in several years there is a build-up of banked capacity and the County therefore has the right to levy a tax up to a maximum of six percent (6%) in the future if it so considers. Bennett answered questions about the highest allowable banked levy amount, the advantages of banking capacity, and whether the County can use property tax money from the general fund for a capital project in the future. The following people answered questions about the process of rescinding the motion to adopt AB2019-547 (Ordinance 2019-078). Karen Frakes, Prosecuting Attorney's Office Dana Brown -Davis, Clerk of the Council Browne opened the public hearing, and the following people spoke: Max Perry spoke against the ordinance Bob VanWeerdhuizen spoke against the ordinance Carole Perry asked about the public perception of passing the ordinance Whalcom County Page 5 Printed on 112212020 Council Minutes - Final December 3, 2019 Greg Erickson spoke against the ordinance Eric McHenry asked how much is banked and what is the maximum tax that can be taken Hearing no one else, Browne closed the public hearing. Bennett answered whether there is a deadline for how long a levy can be banked and how it can be accessed. Donovan moved that the ordinance be adopted. The motion was seconded. Councilmembers and Bennett discussed the implications of taking a one percent (1 %) property tax, current property assessments, the fact that AB2019-607 (the next item on the agenda) will bank the capacity for the future, whether the state can raise the limit of the maximum of six percent (6%), the requirement to pass another ordinance with a specifically stated reason to use the banked capacity, Donovan withdrew his motion to adopt and stated he will withdraw the ordinance from consideration. This agenda item was WITHDRAWN. 4. AB2019-607 Ordinance limiting the 2020 General Fund tax levy Browne opened the public hearing, and hearing no one, closed the public hearing. Councilmembers discussed whether voting to adopt this ordinance would increase the County's net banked capacity to levy a property tax increase since the County has already reached the limit, the impact on the County if this was not adopted, learning more about the laws surrounding this ordinance by reading the State's revenue guide, and having future discussion about the ordinance and the County's banked capacity. Tyler Schroeder, Executive's Office, answered a question about whether the Administration recommends that this ordinance be adopted. Browne moved and Buchanan seconded that the Ordinance be ADOPTED. The motion carried by the following vote: Aye: 4 - Browne, Buchanan, Frazey, and Sidhu Nay: 2 - Brenner, and Byrd Absent: 0 Abstain: 1 - Donovan Enactment No: ORD 2019-084 Whatcom County Page 6 Printed on 112212020 Council Minutes - Final December 3, 2019 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: Matt Berry Lyle Galloway sumitted a handout (on file) Bob Harriman Andrew Gamble Andrew Scoular Patrick Alesse Rick Holt Michael Jones Tim Schermetzler Tino Villaluz Frank Bob Shael Wilder submitted a handout (on file) Rodney Vandersypen The following people spoke about AB2019-480 Ordinance amending Whatcom County Code Chapters 11.16 and 11.20 to protect Lake Samish shoreline properties and Lake Samish water recreation: Micah Ping Greg Erickson Tom Aliotti Becky O'Brien -Wilson Mark Walker Rich Deveau Bruce Brown subitted a handout (on file) Janet Monks Eric McHenry Mary Walker Paul Joostens The following people spoke about other issues: Heidi Baxter spoke about garbage collection in Point Roberts Kait Whiteside spoke about a supplemental budget request for health and human services Browne closed the Open Session. CONSENT AGENDA Sidhu reported for the Finance and Administrative Services Committee and moved Whatcom County Page 7 Printer! on 112212020 Council Minutes - Final December 3, 2019 to approve Consent Agenda items one through nine. Brenner stated she would like to consider item nine separately. Councilmembers discussed and voted on those items (see votes on individual items below). (From Council Finance and Administrative Services Committee) 1. AB2019-598 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lydia Place to provide case management and support services to individuals experiencing homelessness, in the amount of $32,860 for a total amended contract amount of $213,770 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. AB2019-599 Request authorization for the County Executive to enter into a contract between Whatcom County and Bellingham Whatcom County Tourism, in the amount of $290,000, for the purposes of tourism marketing and operations 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. AB2019-602 Request authorization for the County Executive to enter into a contract between Whatcom County and Status Electrical Automation Systems to provide Security Electronics and DVMS System Support & Maintenance, in the amount of $43,314.53 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 4. AB2019-613 Request authorization for the County Executive to enter into a Collective Bargaining Agreement between Whatcom County and General Teamsters' Local Union 231 Corrections Deputies and Sergeants for the period January 1, 2019 through Whatcom County Page 8 Printed on 112212020 Council Minutes - Final December 3, 2019 December 31, 2020 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. AB2019-617 Request authorization for the County Executive to enter into a contract between Whatcom County and Summit Food Service to furnish food to inmates at the Whatcom County Jail in the amount of $540,750.00 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 6. AB2019-618 Request authorization for the County Executive to enter into a contract between Whatcom County and Summit Food Service for Commissary Services to inmates at the Whatcom County Jail 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 7. AB2019-620 Request authorization for the County Executive to enter into a contract between Whatcom County and Birch Bay Chamber of Commerce in support of the Birch Bay Visitor Center operations and promotion of annual multi -day events designed to encourage tourism in the amount of $100,000 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 8. AB2019-621 Request authorization for the County Executive to enter into a contract between Whatcom County and Mount Baker Foothills Chamber of Commerce in support of Whatcom County Page 9 Printed on 112212020 Council Minutes - Final December 3, 2019 the Visitor Center operations in the amount of $100,000 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 9. AB2019-629 Request approval for the County Executive to enter into a contract for the purchase, delivery, and installation of a modular building for the Point Roberts Transfer Station, in the amount of $65,179.75 Brenner stated she is not convinced that the provider is paying their fair share and that when the County is subsidizing a lessee on County property they need to review and make sure that the charges to the public are fair and equitable. Couincilmembers discussed whether the County is getting the cost of the bulding back in the lease, whether this is a maintenance issue, whether a commercial business should build their own building, and the reasonable lifespan of a building. Sidhu moved that the Bid Award be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Sidhu Nay: 2 - Brenner, and Byrd Absent: 0 OTHER ITEMS (From Council Finance and Administrative Services Committee) 1. AB2019-61 1 Request authorization for the County Excutive to enter into an agreement between Whatcom County and Trantech Engineering, in the amount of $45,000 Sidhu reported for the Finance and Administrative Services Commitee and moved that the Agreement be AUTHORIZED. The motion carried by the following vote: Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu Nay: 0 Absent: 0 2. AB2019-612 Request authorization for the County Executive to enter into an agreement between Whatcom County and Sargent Engineers, Inc., in the amount of $45,000 Whatcone County Page 10 Printed on 112212020 Council Minutes - Final December 3, 2019 Sidhu reported for the Finance and Administrative Services Commitee and moved that the Agreement be AUTHORIZED. The motion carried by the following vote: Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu Nay: 0 Absent: 0 3. AB2019-625 Request authorization for the County Executive to sign an attorney engagement and contingency fee agreement between Whatcom County and keller Rohrback L.L.P. Brenner stated the County would not bear the cost if the County does not win the class action. Sidhu moved that the Agreement be AUTHORIZED. The motion carried by the following vote: Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu Nay: 0 Absent: 0 4. AB2019-601 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County Flood Control Zone District and Whatcom Conservation District to provide outreach and cost -share to support the Pollution Identification and Correction Program (PIC), in the amount of $55,000 (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. AB2019-590 Ordinance amending the 2019 Whatcom County Budget, request no. 15, in the amount of $49,400 Sidhu reported for the Finance and Administrative Services Commitee 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 Wkntcone County Page 11 Printed on 112212020 Council Minutes - Final December 3, 2019 Enactment No: ORD 2019-085 6. AB2019-592 Ordinance establishing the Prox Lock Control Panel Replacement Fund and establishing a project based budget for the Prox Lock Control Panel Replacement Project Sidhu reported for the Finance and Administrative Services Commitee 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 2019-086 7. AB2019-619 Request authorization for the County Executive to enter into an Interlocal Agreement between Whatcom County and Kittitas County for the Housing of Inmates 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 8. AB2019-622 Request authorization for the County Executive to enter into an Interlocal Agreement between Whatcom County and the Cities of Bellingham, Blaine, Everson, Ferndale, Lynden and Sumas for the purpose of implementing a countywide wayfinding and gateway feature placement program Sidhu moved that the Interlocal be AUTHORIZED. The motion carried by the following vote: Aye: 6 - Brenner, Browne, Buchanan, Donovan, Frazey, and Sidhu Nay: 1 - Byrd Absent: 0 9. AB2019-623 Request approval of the Economic Development Investment (EDI) Board's recommendation for additional funding in the amount of $500,000 and establishment of a $2.2-million revolving loan fund for the Housing Affordability Through the Workforce Program (HATWF) Sidhu reported for the Finance and Administrative Services Commitee and moved that the REQUEST be APPROVED. The motion carried by the following vote: Whatcom County Page 12 Primed on 112212020 Council Minutes - Final December 3, 2019 Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu Nay: 0 Absent: 0 II. AB2019-626 Request authorization for the County Executive to enter into a contract between Whatcom County and North West Regional Council to provide Nursing Services at the Whatcom County Jail and Juvenile Detention in the amount of $1,456,501.11 Sidhu moved that the Contract be AUTHORIZED. The motion carried by the following vote: Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu Nay: 0 Absent: 0 12. AB2019-591 Ordinance amending the 2020 Whatcom County Budget, request no. 2, in the amount of $343,000 Sidhu reported for the Finance and Administrative Services Commitee 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 2019-087 10. AB2019-616 Request authorization for the County Executive to enter into a contract between Whatcom County and Michael Bobbink for hearing examiner services Sidhu reported for the Finance and Administrative Services Commitee and moved that the Contract be AUTHORIZED. The motion was seconded. Councilmembers discussed amending the contract to be for a shorter period of time and requiring that the Hearing Examiner's time be tracked. Byrd moved to amend the contract to make the term three months and request that a clause be added to require time reporting. Browne suggested a friendly amendment to make the term six months and ask for time reporting but not add that to the contract. The following people spoke and answered questions: Whatcons County Page 13 Printed on P22/2020 Council Minutes - Final December 3, 2019 Karen Frakes, Prosecuting Attorney's Office Cathy Halka, Legislative Analyst Dana Brown -Davis, Clerk of the Council Frakes stated that there have been fewer appeals than in the past because Whatcom County Code Title 22 was changed so that appeals now go directly to Superior Court instead of the Council, but there were very few even before the law was changed. Byrd's motion was not seconded. Councilmembers continued to discuss with staff about knowing how much time the position requires and the number of cases that the Hearing Examiner hears in a year, whether there would be a conflict of interest since he is contracted in multiple jurisdictions, and what credentials are required for the position. Sidhu's motion that the Contract be AUTHORIZED carried by the following vote: Aye: 6 - Brenner, Browne, Buchanan, Donovan, Frazey, and Sidhu Nay: 1 - Byrd Absent: 0 (From Council Criminal Justice and Public Safety Committee) 13. AB2019-530 Resolution establishing a Stakeholder Advisory Committee for the Public Health, Safety, and Justice Facility Needs Assessment Buchanan reported for the Criminal Justice and Public Safety 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 Absent: 0 Enactment No: RES 2019-063 AB2019-633 Discussion regarding potential loss of childcare spaces in Whatcom County Buchanan reported for the Criminal Justice and Public Safety Committee and moved to recommend to the full Council to request that the administration pursue options to work with the City of Bellingham and the City of Ferndale to maintain licensed childcare slots currently operating in Whatcom County and that the effort includes a budget supplemental proposal. Councilmembers discussed whether Ferndale should be included in the request, Whatcom County Page 14 Printed on 112212020 Council Minutes - Final December 3, 2019 whether slots should only go to families with financial need, the need for childcare for all income levels, addressing the roots of the problem with the State, and why the Council didn't know about it until now. Buchanan's MOTION WAS APPROVED. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Sidhu Nay: 0 Absent: 0 Abstain: 2 - Brenner, and Byrd (No Committee Assignment) 14. AB2019-565 Ordinance amending the 2020 Whatcom County Budget, Request No. 1, in the amount of $19,206,192 Donovan 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 2019-088 15. 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 Donovan moved that the Ordinance be ADOPTED. The motion was seconded. Dana Brown -Davis clarified that the incorrect version was printed in the agenda packet. The Ordinance should have a final section in the Ordinance that reads: BE IT FINALLY ORDAINED that Tribal members exercising treaty rights to hunt on traditional hunting grounds that are open and unclaimed are not subiect to this ordinance Karen Frakes, Prosecuting Attorney's Office, stated she does not see a problem with this section in the Ordinance because it is just stating the law. Browne moved to hold the Ordinance. The motion was seconded. He stated that he had requested discussions with the Lummi Tribe and the Chief of Police in Blaine about a proposal for changing the boundaries to 1000 feet from the shoreline but has not heard feedback from them yet. He would like that discussion to occur before proceeding. Whatcom County Page 15 Printed on 112212020 Council Minutes - Final December 3, 2019 Councilmembers discussed the motion. Tyler Schroeder, Executive's Office, stated that Michael Jones, Blaine City Manager, is available to speak and the County does not have the ability to change the No -Shooting Zone that's currently in the Blaine City limits. Frazey moved that they hear from the attorney. The motion was seconded. The motion failed. Councilmembers continued to discuss Browne's motion, when it would take effect, viewing the zone on a map, and the current no -shooting zone in the Blaine City limits and how this proposal would include that. Browne's motion that the Ordinance be HELD IN COUNCIL carried by the following vote: Aye: 5 - Brenner, Browne, Buchanan, Byrd, and Sidhu Nay: 2 - Donovan, and Frazey Absent: 0 16. AB2019-634 Resolution respectfully requesting that the Whatcom County Prosecutor ask the Washington State Attorney General for an update on Opinion Docket No. 19-04-03 Councilmembers discussed responses to inquiries about this issue since February and the purpose of this resolution. Donovan moved and Browne seconded that the Resolution be APPROVED. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Sidhu Nay: 2 - Brenner, and Byrd Absent: 0 Enactment No: RES 2019-064 EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 1. AB2019-624 Request confirmation of the County Executive's appointment of Jon Maberry and Kendall Whitney to the Whatcom County Food System Committee The appointment of Jon Maberry and Kendall Whitney was CONFIRMED. Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu Whatcom County Page 16 Printed on 112212020 Council Minutes - Final December 3, 2019 Nay: 0 Absent: 0 (From Committee of the Whole - Executive Session) AB2019-603 Discussion regarding a potential property acquisition for the Flood Control Zone District [Discussion of this item may take place in executive session (closed to the public) pursuant to RCW 42.30.110(1)(b)] Donovan moved and Frazey seconded To authorize the County Executive, acting on behalf of the Whatcom County Flood Control Zone District Board of Supervisors, to exercise option agreements and move forward with and complete acquisition of the property as discussed in Executive Session. The motion was seconded. Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu Nay: 0 Absent: 0 AB2019-628 Update on negotiations and planning strategy discussion regarding collective bargaining [Discussion of this item may take place in executive session (closed to the public) pursuant to RCW 42.30.140(4)(a) Buchanan moved and Frazey seconded to authorize the County Executive to enter into a Collective Bargaining Agreement between Whatcom County and the Whatcom County Deputy Sheriffs Guild effective January 1, 2020 through December 31, 2021 following ratification of the Agreement by the Whatcom County Deputy Sheriff's Guild. Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu Nay: 0 Absent: 0 INTRODUCTION ITEMS Brenner moved to introduce items one through two. The motion was seconded (see votes on individual items below). 1. AB2019-480 Ordinance amending Whatcom County Code Chapters 11.16 and 11.20 to protect Lake Samish shoreline properties and Lake Samish water recreation Brenner moved and Buchanan seconded that the Ordinance Requiring a Public Hearing be INTRODUCED. The motion carried by the following vote: Whatcom County Page 17 Printed on 112212020 Council Minutes - Final December 3, 2019 Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu Nay: 0 Absent: 0 2. AB2019-614 Ordinance amending Whatcom County Code 16.30, Lake Whatcom Stormwater Utility Funding Mechanism, changing the date for collection of Capital Facility Charges from January 1, 2020 to January 1, 2021 Brenner moved and Buchanan seconded that the Ordinance Requiring a Public Hearing be INTRODUCED. The motion carried by the following vote: Aye: 7 - Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu Nay: 0 Absent: 0 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ADJOURN Brenner moved to initiate a review of the charges at the Point Roberts solid waste facililty. Byrd Seconded the motion. The motion failed by the following vote: Aye: 4 - Browne, Buchanan, Donovan, Frazey Nay: 2 - Brenner, Byrd Abstain: 1 - Sidhu Councilmembers gave committee reports and updates on recent activities and upcoming events and discussed the process for changing the order of items on the agenda. The meeting adjourned at 1:15 p.m. The County Council approved these minutes on January 14, 2020. Whatcom County Page 18 Printed on 112212020 Council Minutes - Final December 3, 2019 ATTEST: �Ctea3PlaEl 11d WHATCOM COUNTY COUNCIL A WHAT O CO NTY, WA Mr011own-DavIs-, Couticii Clerk Rud`Browne, Council Chair Kristi Felbinger, Minutes Transcription Whateom County Page 19 Printed on 112212020