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Home My WebLink AboutCouncil January 14 2020Whatcom County Council COUNTY COURTHOUSE 311 Grand Avenue, Ste 4105 Bellingham, WA 98225-4038 (360)778-5010 Minutes - Final Tuesday, January 14, 2020 7PM Council Chambers COUNCILMEMBERS Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. Council Minutes - Final January 14, 2020 COUNTY COUNCIL CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 7 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: 7 - Rud Browne, Barry Buchanan, Tyler Byrd, Todd Donovan, Carol Frazey, Ben Elenbaas, and Kathy Kershner Absent: None FLAG SALUTE ANNOUNCEMENTS MINUTES CONSENT 1. MIN2020-001 Regular County Council for November 19, 2019 Browne moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Byrd, Donovan, and Frazey Nay: 0 Absent: 0 Abstain: 2 - Elenbaas, and Kershner 2. MIN2020-002 Special Committee of the Whole for November 19, 2019 Browne moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Byrd, Donovan, and Frazey Nay: 0 Absent: 0 Abstain: 2 - Elenbaas, and Kershner 3. MIN2020-003 Committee of the Whole - Executive Session for December 3, 2019 Browne moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Byrd, Donovan, and Frazey Whatcom County Page 1 Printed on 113012020 Council Minutes - Final January 14, 2020 Nay: 0 Absent: 0 Abstain: 2 - Elenbaas, and Kershner 4. MIN2020-004 Regular County Council for December 3, 2019 Browne moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Byrd, Donovan, and Frazey Nay: 0 Absent: 0 Abstain: 2 - Elenbaas, and Kershner 5. MIN2020-006 Regular County Council for September 24, 2019 -REVISED Browne moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Byrd, Donovan, and Frazey Nay: 0 Absent: 0 Abstain: 2 - Elenbaas, and Kershner SPECIAL PRESENTATION 1. AB2020-023 County Executive Satpal Singh Sidhu will present remarks to Council on the commencement of his term as County Executive Satpal Sidhu, County Executive, read from a presentation (on file). This agenda item was PRESENTED. PUBLIC HEARINGS Public testimony was received on the following Public Hearing items and both were left open to the next meeting. 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 Buchanan opened the public hearing, and the following people spoke: Lisa Niva Sarah Boss Jason Alexander submitted a handout (on file) WGatcom County Page 2 Printed on 113012020 Council Minutes - Final January 14, 2020 Howard Milewski Caitlin Willson submitted a handout (on file) Claus Stoiber Sharon Cody Sheila Kluck Greg Erickson Merida Scully Debra Noonan Nancy Zimmerman Jerry Johnson submitted a handout (on file) Jim Comforth Mary Hess Mike Hess Penny Jewett Lise Boughen Steve Scholz Tim Slesk Scott Hall Jeff Shelman Anne Bremer Tom Aliotti May Walker Buchanan stated that the Public Hearing is paused and will be continued at the next meeting. The Council HEARD PUBLIC TESTIMONY. Enactment No: Ord 2020-002 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 Kraig Olason, Public Works Department, gave a staff report and answered questions. Buchanan opened the public hearing, and hearing no one, paused the public hearing. He stated that the Public Hearing will be continued at the next meeting. Councilmembers HEARD PUBLIC TESTIMONY. Enactment No: ORD 2020-001 OPEN SESSION (20 MINUTES) The following people spoke about various topics: Whatcom County Page 3 Printer! on 113012020 Council Minutes - Final January 14, 2020 Jeff Monks spoke about Executive Sidhu's presentation. Dana Briggs spoke about homelessness. Katherine Kissinger spoke about the availability of maps on the County website. Paul (inaudible) spoke about recommending Jeff Chalfant for Planning Commission. Allison Calder submitted a handout (on file) and spoke about garbage collection in Point Roberts. Ken Calder submitted a handout (on file) and spoke about garbage collection in Point Roberts. The following people spoke about AB2019-600 Ordinance amending Whatcom County Code 11.16 to protect Lake Samish shoreline properties and Lake Samish water recreation Rich DeVeau Becky O'Brien Wilson James Wilson Eric McHenry Tyler Schroeder, Executive's Office, and Satpal Sidhu, County Executive, answered questions about garbage collection in Point Roberts. OTHER ITEMS (From Council Natural Resources Committee) 1. AB2020-007 Resolution affirming the PDR Oversight Committee ranking and authorizing Whatcom County Purchase of Development Rights administrator and Whatcom County executive to proceed with the acquisition of agricultural conservation easements on the Roper, McLeod, TeVelde, and Hirschkorn applications Donovan reported for the Natural Resources Committee and moved that the Resolution be APPROVED. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 2 - Byrd, and Elenbaas Absent: 0 Enactment No: RES 2020-002 (From Council Finance and Administrative Services Committee) 2. AB2020-010 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the cities of Bellingham, Blaine, Everson, Ferndale, Lynden, Nooksack, and Sumas to govern the administration of surcharge funds generated as a result of substitute house bill 1406 and RCW 82.14.540 Byrd reported for the Finance and Administrative Services Committee and Whatcom County Page 4 Printer! on 113012020 Council Minutes - Final January 14, 2020 moved that the Interlocal be AUTHORIZED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 3. AB2020-019 Request authorization for the County Executive to enter into an Interlocal agreement between Whatcom County and Washington State Department of Social and Health Services for community based solutions for improving the ease of access to services and resources, in the amount of $70,000 Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED with an amended start date on the contract of January 15 as noted in the replacement page (on file). The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 4. AB2020-005 Request authorization for the County Executive to enter into an intergovernmental agreement between Whatcom County and the State of Washington Office of the Secretary of State for the county's share of the costs of the VoteWA system in the amount of $56,709 through June 30, 2025 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 1. AB2019-627 Appointment to fill a vacancy on the Board of Equalization - Applicant(s): John Bruton Donovan moved and Byrd seconded that John Bruton be APPOINTED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Whatcom County Page 5 Printed on 113012020 Council Minutes - Final January 14, 2020 Absent: 0 2. AB2020-01 I Appointment to fill vacancies on the Climate Impact Advisory Committee - Applicants: William Harman, Katherine Kissinger, Kaylee Galloway, Erika Nuerenberg, Stevan Harrell, Philip Thompson, David Kershner, Tim Miller, Cynthia Mitchell Donovan moved to nominate all nine applicants. The motion was seconded. A vote was taken and the following people received the most votes: William Harman (6), Katherine Kissinger (5), Kaylee Galloway (6), Erika Nuerenberg (6), Philip Thomson (6), David Kershner (6), Cynthia Mitchell (5) Donovan moved and Browne seconded to appoint the ones with six votes to a full term and to appoint the ones with five votes to a partial term. The following applicants with six votes were appointed to a full term: William Harman, Kaylee Galloway, Erika Nuerenberg, Philip Thomson, and David Kershner The following applicants with five votes were appointed to a partial term: Katherine Kissinger and Cynthia Mitchell They were APPOINTED by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: I - Elenbaas Absent: 0 3. AB2020-012 Appointment to fill vacancies on Drayton Harbor Shellfish Protection District - Applicant(s) George Kaas Donovan moved and Frazey seconded that George Kaas be APPOINTED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 4. AB2020-013 Appointment to fill vacancies on the Horticulture Pest and Disease Board - Applicant(s): Brett Pehl Whatcom County Page 6 Printed on 113012020 Council Minutes - Final January 14, 2020 Donovan moved and Byrd seconded that Brett Pehl be APPOINTED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 5. AB2020-014 Appointments to fill vacancies on the Incarceration Prevention and Reduction Task Force - Applicants: Stephen Gockley, Greg Winter, Arlene Feld Frazey moved and Donovan seconded that all the applicants be APPOINTED. The motion to appoint Stephen Gockley, Greg Winter, and Arlene Feld carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 6. AB2020-015 Appointment to fill vacancy on the Whatcom County Planning Commission - Applicant(s): Jim Hansen, Francis David Fitzgerald, Alvin Scott Van Dalen, Kathy Stanford, Jeff Chalfant, Towhee Wean Kershner moved to nominate Jeff Chalfant, Kathy Stanford, and Alvin Scott Van Dalen. Donovan moved to nominate Jim Hansen, Francis David Fitzgerald, and Towhee Wean so that all were nominated. The motions were seconded. A vote was taken and Jim Hansen was appointed by the following vote: Hansen: 4 - Buchanan, Donovan, Browne, and Frazey Chalfant: 3 - Byrd, Elenbaas, and Kershner 7. AB2020-016 Appointment to fill vacancies on the Solid Waste Advisory Committee - Applicant(s): Larry McCarter, Rodd Pemble Browne moved and Frazey seconded that both applicants be APPOINTED. The motion to appoint carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Whrttcom County Page 7 Printer! on 113012020 Council Minutes - Final January 14, 2020 8. AB2020-017 Appointment to fill vacancies on the Countywide Flood Control Zone District Advisory Committee - Applicant(s): Dale Buys, Ron Bronsema, Kyle Christensen, Holly O'Neil (Council acting as the Flood Control Zone District Board of Supervisors) Frazey moved and Browne seconded that all applicants be APPOINTED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 9. AB2020-018 Appointment to fill vacancies on the Sumas/Everson/Nooksack Flood Control Subzone Advisory Committee - Applicant(s): Ed Bosscher Donovan moved and Browne seconded that Ed Bosscher be NOMINATED AND APPOINTED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 10. AB2020-021 Appointment to fill vacancies on Lynden/Everson Flood Control Subzone District Advisory Committee - Applicant(s): Sherman Polinder (Council Acting as the Flood Control Zone District Board of Supervisors) Donovan moved and Kershner seconded that Sherman Polinder be APPOINTED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 11. AB2020-025 Appointment to fill vacancies on Stakeholder Advisory Committee for Public Health, Safety, and Justice Facility Needs Assessment - applicants: Heather Flaherty, Arlene Feld, Joy Gilfilen, John Mutchler, Cliff Langley, Chad Butenschoen, Kara Mitchell, Jeff Monks Buchanan moved that the Council Appointment be HELD IN COUNCIL until February 11, 2020 with an application deadline of February 4, 2020. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Whatcom County Page 8 Printed on 113012020 Council Minutes - Final January 14, 2020 Absent: 0 12. AB2020-028 Appointments to fill vacancies on the Birch Bay Watershed and Aquatic Resources management Advisory Committee Applicant: Donald Brown Browne moved and Byrd seconded that Donald Brown be APPOINTED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 SPECIAL ORDER OF BUSINESS 1. AB2020-026 Approval of special standing Council meeting dates (Health Board and Water Work Sessions) Buchanan stated he would like to add the Lake Whatcom Joint Council/Commissioner Meeting. Dana Brown -Davis, Clerk of the Council, answered questions. Byrd moved and Donovan seconded that the schedule be AMENDED AND APPROVED BY COUNCILMEMBERS. The motion carried by the following vote: v Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Councilmembers discussed ways for them to keep track of meeting dates. INTRODUCTION ITEMS 1. AB2020-020 Ordinance amending the 2020 Whatcom County Budget, request no. 3, in the amount of $1,586,506 Browne moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Enactment No: ORD 2020-003 2. AB2020-001 Resolution approving Whatcom County Parks & Recreation's proposed lease of the Whatcom County Page 9 Printed on 113012020 Council Minutes - Final January 14, 2020 Ostrom Conservation Site to the Nooksack Valley School District to maintain and operate the property as an outdoor education program and public site Browne moved and Byrd seconded that the Resolution Requiring a Public Hearing be INTRODUCED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Enactment No: RES 2020-003 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ADJOURN Councilmembers gave committee reports and updates on recent activities and upcoming events. The meeting adjourned at 9:48 p.m. The County Council approved these minutes on January 28, 2020. ATTEST: § a a E a u i s t g O�3g DanaBrown-P' is, 'Oncil Clerkk ° i Fad€� 4 Kristi Felbinger, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA Whatcom County Page 10 Printed on 113012020