HomeMy WebLinkAboutCouncil November 19 2019Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste 4105
Bellingham, WA 98225-4038
(360)778-5010
Minutes - Final
JDA REVISED 11.18.2019 (SEE AGENDA REVISION NOTICES IN "MEETING DETA
Tuesday, November 19, 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 19, 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: 6 - Barbara Brenner, Rud Browne, Tyler Byrd, Todd Donovan, Carol Frazey, and
Satpal Sidhu
Absent: 1 - Barry Buchanan
FLAG SALUTE
ANNOUNCEMENTS
Report from Committee of the Whole
AB2019-584 Discussion of pending litigation with Civil Deputy Prosecutor
Chris Quinn - Swift
Creek Consent Decree
Donovan reported on a discussion from Committee of the Whole (COUNCIL
ACTING AS THE COUNCIL). He moved to approve Whatcom County's entry
into the Consent Decree regarding Sumas Mountain Landslide (also referred to as the
Swift Creek Consent Decree) and to authorize the County Executive to sign the
Decree on behalf of Whatcom County.
The motion was seconded.
The motion carried by the following Vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, Sidhu
Nay: 0
Absent: 1 - Buchanan
Browne reported on a second discussion from Committee of the Whole (COUNCIL
ACTING AS THE WHATCOM COUNTY FLOOD CONTROL DISTRICT
BOARD OF SUPERVISORS)
Frazey moved to approve the Whatcom County Flood Control Zone District's entry
into the Consent Decree regarding Sumas Mountain Landslide (also referred to as the
Swift Creek Consent Decree) and to authorize the County Executive to sign the
Decree on behalf of the Whatcom County Flood Control Zone District.
Whatcom County Page 1 Printed on 112212020
Council Minutes - Final November 19, 2019
The motion was seconded.
The motion carried by the following Vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, Sidhu
Nay: 0
Absent: 1 - Buchanan
PUBLIC HEARINGS
1. AB2019-542 Ordinance authorizing the levy of taxes for countywide emergency medical purposes
for 2020
Browne opened the public hearing, and hearing no one, closed the public hearing.
Donovan moved and Brenner seconded that the Ordinance Requiring a Public
Hearing be ADOPTED. The motion carried by the following vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
Enactment No: ORD 2019-075
2. AB2019-543 Ordinance authorizing the levy of taxes for Conservation Futures purposes for 2020
Browne opened the public hearing, and hearing no one, closed the public hearing.
Brenner clarified that the ordinance does not raise taxes.
Donovan moved and Brenner seconded that the Ordinance Requiring a Public
Hearing be ADOPTED. The motion carried by the following vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: I - Buchanan
Enactment No: ORD 2019-076
3. AB2019-544 Ordinance authorizing the 2020 property tax levy for county road purposes
Browne opened the public hearing, and hearing no one, closed the public hearing.
Brenner moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be ADOPTED. The motion carried by the following vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: I - Buchanan
Wkatcom County Page 2 Printed on 112212020
Council Minutes - Final November 19, 2019
Enactment No: ORD 2019-077
4. 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
Browne opened the public hearing, and hearing no one, closed the public hearing.
Donovan moved and Brenner seconded that the Resolution (FCZDBS)
Requiring a Public Hearing be APPROVED. The motion carried by the
following vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
Enactment No: RES 2019-055
5. AB2019-546 Ordinance limiting the 2020 General Fund property tax levy
Browne opened the public hearing, and hearing no one, closed the public hearing.
Brenner moved and Byrd seconded that the Ordinance Requiring a Public Hearing
be ADOPTED. The motion was seconded.
Donovan reported on a motion in Special Committee of the Whole to hold the item to
December 3, 2019.
Councilmembers talked about their discussion in Special Committee of the Whole and
a motion to recommend imposing a one percent property tax.
Donovan stated he would like to discuss the language of this ordinance and a
proposed new ordinance that he would like to introduce tonight.
Brenner's motion that the Ordinance Requiring a Public Hearing be
ADOPTED failed by the following vote:
Aye: 2 - Brenner, and Byrd
Nay: 4 - Browne, Donovan, Frazey, and Sidhu
Absent: 1 - Buchanan
6. AB2019-547 Ordinance authorizing the levy of taxes for County and State purposes in Whatcom
County Washington for the year of 2020
Browne opened the public hearing, and hearing no one, closed the public hearing.
Byrd moved and Brenner seconded that the Ordinance Requiring a Public
Whatcom County Page 3 Printed on 112212020
Council Minutes - Final November 19, 2019
Hearing be ADOPTED. The motion carried by the following vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
Enactment No: ORD 2019-078
7. AB2019-551 Resolution adopting 2020 budget for the Point Roberts Transportation Benefit District
Browne opened the public hearing, and the following people spoke:
Louise Cassidy spoke about the disparities between the garden contract and the
garbage contract
Allison Calder spoke about the interest from the Point Roberts tax fund
Hearing no one else, Browne closed the public hearing.
Brenner moved to hold the item. The motion was seconded.
Tyler Schroeder, County Executive's Office, stated this is just a budget item and is
not connected to the contracts for roadside maintenance or gardening.
Brenner withdrew her motion and moved to approve the resolution. The motion
was seconded.
The motion that the Resolution Requiring a Public Hearing be APPROVED
carried by the following vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
Enactment No: RES 2019-056
8. 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)
Browne opened the public hearing, and hearing no one, closed the public hearing.
Donovan moved and Frazey seconded that the Resolution (FCZDBS)
Requiring a Public Hearing be APPROVED. The motion carried by the
following vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Whatcom County Page 4 Printed on 112212020
Council Minutes - Final November 19, 2019
Absent: 1 - Buchanan
Enactment No: RES 2019-057
9. AB2019-565 Ordinance amending the 2020 Whatcom County Budget, Request No. 1, in the
amount of $19,206,192
Councilmembers and Tyler Schroeder discussed which version they are voting on.
The total amount on the title should be $19,206,192.00 to reflect amendments that
were made.
Browne opened the public hearing, and hearing no one, closed the public hearing.
Frazey moved that the ORDINANCE be adopted. The motion was seconded.
Councilmembers and Schroeder continued to discuss the budget total after a
scrivener's error correction in the REET II fund, and amendments recommended in
Special Committee of the Whole, and the amounts being transferred from Health for
the mental health and developmental disability funds.
Frazey withdrew her motion.
Byrd moved and Frazey seconded that the Ordinance be HELD IN
COUNCIL so that the total could be correctly labeled and the changes made.
The motion to hold carried by the following vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
Enactment No: ORD 2019-088
10. 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
Browne opened the public hearing, and hearing no one, closed the public hearing.
Brenner moved and Frazey seconded that the Resolution Requiring a Public
Hearing be APPROVED. The motion carried by the following vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
Enactment No: RES 2019-058
Whatcom County Page 5 Printed on 112212020
Council Minutes - Final November 19, 2019
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
Browne opened the public hearing, and the following people spoke:
The following people spoke in favor of the ordinance:
Scott Ostlund
Ian Coates
Kevin King
Hannah Holt
Lisa Marx
Teresa Jones
Burton Nims
Tiffany Huff
Paul Galovan
Trevor Smith
Robert Johnson
Bob Gay
Eddy Ury
Abe Jacobson
Lane Mcelvoy
Michelle Stelovich
Rod Roth
Stacy Martin
Chris Hensel
Greg Roessel
Joseph Berg
Luis Saragon
Tammy (last name inaudible)
The following people spoke against the ordinance:
Frank Imhof
Todd Kunzman
Lance Calloway
Jeff Ten Pas
Jacquelyn Styrna
Tom Bajema
Pete Dawson
Hearing no one else, Browne closed the public hearing.
Whatcont County Page 6 Printed on 112212020
Council Minutes - Final November 19, 2019
Donovan moved that the ordinance be adopted. The motion was seconded.
Byrd moved to hold. The motion was seconded.
Councilmembers discussed the motion to hold, how apprenticeships might be affected
by fluctuation in the economy, hearing about staff or legal concerns, hearing the
perspective of open shop laborers, and the financial impact to the County.
Tyler Schroeder answered a question about addressing costs and administrative
concerns.
Donovan moved to call the question. The motion was seconded.
The motion to call the question carried by the following vote:
Aye: 4 - Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 1 - Brenner
Abstain: I - Byrd
Absent: 1 - Buchanan
The motion to hold failed by the following vote:
Aye: 4 - Byrd, Brenner
Nay: 2 - Browne, Byrd, Donovan, Frazey, and Sidhu
Absent: 1 - Buchanan
Browne spoke about his experience with an apprenticeship program.
The motion that the Ordinance be ADOPTED carried by the following vote:
Aye: 4 - Browne, Donovan, Frazey, and Sidhu
Nay: 2 - Brenner, and Byrd
Absent: 1 - Buchanan
Enactment No: ORD 2019-079
OPEN SESSION (20 MINUTES)
Browne opened the open session and the following people spoke about garbage in
Point Roberts:
Annette Madden
Ken Calder
Allison Calder
Louise Cassidy
Heidi Baxter
Whatcom County Page 7 Printer! on 112212020
Council Minutes - Final November 19, 2019
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
and
AB2019-600 Ordinance amending Whatcom County Code 11.16 to protect
Lake Samish shoreline properties and Lake Samish water recreation
Eric McHenry
Laurie Henley
Janet Monks
Becky O'Brien -Wilson
James Wilson
Mark Walker
Mary Walker
Paul Joostens
Rich Deveau
The following people spoke about other issues:
Bob Gay spoke about Cherry Point and the process of the Planning Commission.
CONSENT AGENDA
(From Council Finance and Administrative Services Committee)
Sidhu reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through eight.
Browne asked that item 3 be voted on separately.
Sidhu amended his motion and moved to approve Consent Agenda items one through
two and four through eight.
Councilmembers voted on those items (see votes on individual items below).
Sidhu moved to approve Consent Agenda item number three.
Councilmembers voted on this item (see vote on item three below).
1. AB2019-582 Resolution to set public hearing to sell tax -title property by public auction
Sidhu moved that the Resolution be APPROVED. The motion carried by the
following vote:
Aye: 5 - Brenner, Browne, Byrd, Frazey, and Sidhu
Whatcom County Page 8 Printed on 112212020
Council Minutes - Final November 19, 2019
Nay: 0
Absent: 1 - Buchanan
Temp Absent: 1 - Donovan
Enactment No: RES 2019-059
2. AB2019-587 Resolution ordering the cancellation of unredeemed checks (warrants) more than one
year old
Sidhu moved that the Resolution be APPROVED. The motion carried by the
following vote:
Aye: 5 - Brenner, Browne, Byrd, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
Temp Absent: 1 - Donovan
Enactment No: RES 2019-060
3. AB2019-589 Resolution ordering the cancellation of accounts receivable more than four years old
Browne stated he would like to discuss item 3 further with the Executive's Office and
moved to hold the item.
Councilmembers discussed the process of cancelling accounts receivable.
The motion that the Resolution be HELD IN COUNCIL carried by the
following vote:
Aye: 5 - Brenner, Browne, Byrd, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
Temp Absent: 1 - Donovan
4. AB2019-574 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Opportunity Council to add funding for a behavioral
health consultant, in the amount of $17,800 for a total amended contract amount of
$130,028
Sidhu moved that the Contract be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 5 - Brenner, Browne, Byrd, Frazey, and Sidhu
Nay: 0
Wkatcom County Page 9 Printed on 112212020
Council Minutes - Final November 19, 2019
Absent: 1 - Buchanan
Temp Absent: 1 - Donovan
5. AB2019-577 Request authorization for the County Executive to enter into a contract between
Whatcom County and Ferndale School District to provide emergency management
services, in the amount of $200,000
Sidhu moved that the Contract be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 5 - Brenner, Browne, Byrd, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
Temp Absent: 1 - Donovan
6. AB2019-585 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Pioneer Human Services to provide substance use
disorder assessments and post -assessment treatment coordination to inmates released
from the Whatcom County Jail in an estimated amount of $60,000 for a total
estimated amended contract amount of $91,500
Sidhu moved that the Contract be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 5 - Brenner, Browne, Byrd, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
Temp Absent: 1 - Donovan
7. AB2019-594 Request authorization for the County Executive to enter into a contract between
Whatcom County and Healthcare Management Administrators, Inc. (HMA) to
provide administrative and claims processing services for the self -insured medical
program
Sidhu moved that the Contract be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 5 - Brenner, Browne, Byrd, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
Temp Absent: 1 - Donovan
8. AB2019-595 Request approval for the County Executive to authorize the purchase of a
Whatcom County Page 10 Printed on 112212020
Council Minutes - Final November 19, 2019
replacement dump truck, dump body, hook lift sander, and plow; using Washington
State Contract 401513 and #01117. The total cost of these purchases is
$281,677.87
Sidhu moved that the Bid Award be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 5 - Brenner, Browne, Byrd, Frazey, and Sidhu
Nay: 0
Absent: I - Buchanan
Temp Absent: 1 - Donovan
OTHER ITEMS
(From Council Finance and Administrative Services Committee)
1. AB2019-580 Request authorization for the County Executive to enter into an Interlocal Agreement
with the U.S. Department of Interior Geological Survey Joint Funding Agreement for
Stream Gaging (Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors)
Sidhu reported for the Finance and Administrative Serivices Committee and
moved that the Contract (FCZDBS) be AUTHORIZED. The motion carried
by the following vote:
Aye: 5 - Brenner, Browne, Byrd, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
Temp Absent: 1 - Donovan
2. AB2019-581 Request authorization for the County Executive to enter into an Interlocal Agreement
between the U.S. Department of Interior Geological Survey and the Whatcom
County Flood Control Zone District (Council acting as the Whatcom County Flood
Control Zone District Board of Supervisors)
Sidhu reported for the Finance and Administrative Serivices Committee and
moved that the Contract (FCZDBS) be AUTHORIZED. The motion carried
by the following vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
3. AB2019-552 Ordinance amending the 2019 Whatcom County budget, request no. 14, in the
Whatcom County Page 11 Printed on 112212020
Council Minutes - Final November 19, 2019
amount of $72,853
Sidhu reported for the Finance and Administrative Serivices Committee and
moved that the Ordinance be ADOPTED. The motion carried by the following
vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
Enactment No: ORD 2019-080
4. AB2019-553 Ordinance amending the project budget for the Lummi Nation Ferry Lease Fund,
Request No. 2
Sidhu reported for the Finance and Administrative Serivices Committee and
moved that the Ordinance be ADOPTED. The motion carried by the following
vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
Enactment No: ORD 2019-081
5. AB2019-562 Ordinance amending the Project Budget for the Criminal Justice Integrated Case
Management Systems Fund, Request No. 1
Sidhu reported for the Finance and Administrative Serivices Committee and
stated that the Ordinance was HELD IN COMMITTEE.
6. AB2019-564 Ordinance amending the Project Budget for the Lake Whatcom Park Trail
Development Fund, Request No. I
Councilmembers discussed the impacts and contributions of trail development in the
Lake Whatcom watershed.
Sidhu reported for the Finance and Administrative Serivices Committee and
moved that the Ordinance be ADOPTED. The motion carried by the following
vote:
Aye: 4 - Browne, Donovan, Frazey, and Sidhu
Nay: 2 - Brenner, and Byrd
Absent: 1 - Buchanan
Enactment No: ORD 2019-082
7. AB2019-550 Request authorization for the County Executive to enter into an interlocal agreement
Whatcone County Page 12 Printed on 112212020
Council Minutes - Final November 19, 2019
between Whatcom County and the Lake Whatcom Water & Sewer District for a
follow-up investigation, in the amount of $40,000.00
Sidhu reported for the Finance and Administrative Serivices Committee and
moved that the Interlocal be AUTHORIZED. The motion carried by the
following vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
8. AB2019-593 Resolution adopting a salary schedule and policies for unrepresented Whatcom
County Employees, effective January 1, 2020 through December 31, 2020
Sidhu reported for the Finance and Administrative Serivices Committee and
moved that the Resolution be APPROVED.
Brenner stated this does not include Council salaries.
The motion carried by the following vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
Enactment No: RES 2019-061
(No Committee Assignment)
9. AB2019-576 Request approval of updated Strategic Plan to End Homelessness in Whatcom
County
Brenner moved and Sidhu seconded that the REQUEST be APPROVED. The
motion carried by the following vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
INTRODUCTION ITEMS
Donovan moved to introduced items 1-4 and 6-7.
Byrd suggested a friendly amendment to not include 7.
Whatcom County Page 13 Printed on 112212020
Council Minutes - Final November 19, 2019
Donovan accepted the friendly amendment and moved to introduce items 1-4 and 6
(see votes on individual items below).
Donovan moved to introduce item 7 (AB2019-600) Ordinance amending
Whatcom County Code 11.16 to protect Lake Samish shoreline properties
and Lake Samish water recreation. The motion was seconded.
Byrd stated he would like to introduce AB2019-480 on December 3rd and then have
a public hearing for January 14.
Donovan stated he would like to Introduce AB2019-600 and then schedule for
Special Committee of the Whole on January 14.
Councilmembers discussed how they would like to schedule both AB2019-480 and
AB2019-600 regarding Lake Samish, and how to determine the distance lines
establishing the no -wake zone.
Donovan restated and amended his motion and moved to introduce Item 7
(AB20219-600) and schedule it for Special Committee of the Whole on January 14,
2019. The motion was seconded (see vote on item 7 below).
1. AB2019-590 Ordinance amending the 2019 Whatcom County Budget, request no. 15, in the
amount of $49,400
Donovan moved that the Ordinance be INTRODUCED. The motion carried
by the following vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
Enactment No: ORD 2019-085
2. AB2019-591 Ordinance amending the 2020 Whatcom County Budget, request no. 2, in the amount
of $343,000
Donovan moved that the Ordinance be INTRODUCED. The motion carried
by the following vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
Enactment No: ORD 2019-087
3. AB2019-592 Ordinance establishing the Prox Lock Control Panel Replacement Fund and
Whatcom County Page 14 Printed on 112212020
Council Minutes - Final November 19, 2019
establishing a project based budget for the Prox Lock Control Panel Replacement
Project
Donovan moved that the Ordinance be INTRODUCED. The motion carried
by the following vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
Enactment No: ORD 2019-086
4. 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
Donovan moved that the Ordinance be INTRODUCED. The motion carried
by the following vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
Enactment No: ORD 2019-083
5. 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.
AB2019-480 to be scheduled for introduction at a later date.
6. AB2019-583 Resolution to sell tax -title property by public auction
Donovan moved that the Resolution Requiring a Public Hearing be
INTRODUCED. The motion carried by the following vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
Enactment No: RES 2019-062
7. AB2019-600 Ordinance amending Whatcom County Code 11.16 to protect Lake Samish shoreline
properties and Lake Samish water recreation
Whatcom County Page 15 Printed on 112212020
Council Minutes - Final November 19, 2019
Donovan moved and Frazey seconded that the Ordinance be INTRODUCED.
The motion carried by the following vote:
Aye: 4 - Browne, Donovan, Frazey, and Sidhu
Nay: 2 - Brenner, and Byrd
Absent: 1 - Buchanan
9. AB2019-607 Ordinance limiting the 2020 General Fund tax levy
Donovan moved to introduce AB2019-607 Ordinance limiting the 2020 General
Fund tax levy. The motion was seconded.
Browne stated this ordinance is different from the (AB2019-546) Ordinance limiting
the 2020 General Fund tax levy in that it does not have one section of text that is
included in AB2019-546.
Tyler Schroeder answered questions about how the proposed ordinances relate to
(AB2019-547) the Ordinance authorizing the levy of taxes for County and State
purposes in Whatcom County Washington for the year of 2020.
The motion that the Ordinance be INTRODUCED carried by the following
vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 1 - Buchanan
Enactment No: ORD 2019-084
8. AB2019-606 Ordinance limiting 2020 property tax levy
Donovan moved to introduce AB2019-606 Ordinance limiting 2020 property
tax levy - Donovan with the modification of the "Now therefore be it ordained and
established" paragraph.
Councilmembers, Tyler Schroeder, and Karen Frakes from the Prosecuting
Attorney's Office, discussed the proposed amendment, the effects of inflation and
population growth, controlling spending, combining the Parks Department in the
Public Works Department, and the wording of the motion.
After discussion, Donovan withdrew his motion and moved to introduce
AB2019-606 with the following amendment to replace the last paragraph of the
ordinance:
Whatcom County Page 16 Printed on 112212020
Council Minutes - Final November 19, 2019
ineludes
NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED by the Whatcom
County Council that amounts collected through the County General levy shall be
limited to the amount of the 2019 taxes increased for the addition of new construction
and improvements to property and any increases in the value of state assessed
property. A property tax increase in addition to the amount resulting from the
addition of new construction and improvements to property and any tax increases in
the value of state -assessed property is hereby authorized for the 2020 levy in the
amount equal to the 2019 amount plus $300,000.00, which is a percentage increase
of no more than 1 %.
Donovan's motion that the Ordinance be INTRODUCED AS AMENDED
FOR PUBLIC HEARING carried by the following vote:
Aye: 4 - Browne, Donovan, Frazey, and Sidhu
Nay: 2 - Brenner, and Byrd
Absent: 1 - Buchanan
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
From Committee of the Whole - Executive Session
AB2019-588 Discussion of pending litigation with Civil Deputy Prosecutor
George Roche - Adams v. Whatcom County, et al.
Donovan reported on having met in executive session and having been advised of the
nature of the lawsuit, the allegations contained therein, and pursuant to Whatcom
County Code 2.56.
and moved 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 was seconded.
The motion carried by the following vote:
Aye: 6 - Brenner, Browne, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Whatcom County Page 17 Printed on 112212020
Council Minutes - Final November 19, 2019
ADJOURN
Absent: 1 - Buchanan
AB2019-588 was reported on and a MOTION WAS APPROVED.
There were no other Councilmember updates
The meeting adjourned at 12:23 a.m.
The County Council approved these minutes on January 14, 2020.
ATTEST: `� t
WHATCOM COUNTY COUNCIL
0,��� WHAT OUNTY, WA
Darla Brown -Dais, Cp�f� ctj'Clerk,:' Ru Browne, Council Chair
Kristi Felbinger, Minutes Transcription
Whatcont County Page 18 Printed on 112212020