HomeMy WebLinkAboutCouncil January 28 2020Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Minutes - Final
Tuesday, January 28, 2020
7PM
Council Chambers
COUNCILMEMBERS
Rud Browne
Barry Buchanan
Tyler Byrd
Todd Donovan
Ben Llenbaas
Carol Franey
Kathy Kershner
CLERK OF THE COUNCIL
Dana Brown -Davis, C.M.C.
Council Minutes - Final January 28, 2020
COUNTY COUNCIL
CALL TO ORDER
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. MIN2020-017 Special Committee of the Whole for January 14, 2020
Donovan moved and Frazey seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner
Nay: 0
Absent: 0
2. MIN2020-018 Special Committee of the Whole for January 14, 2020
Donovan moved and Frazey seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner
Nay: 0
Absent: 0
3. MIN2020-019 Regular County Council for January 14, 2020
Donovan moved and Frazey seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner
Nay: 0
Absent: 0
PUBLIC HEARINGS
Whatcom County Page 1 Printed on 211212020
Council Minutes - Final January 28, 2020
The hearing for AB2019-480 was moved to be the last public hearing item. See below.
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
Buchanan opened the public hearing, and hearing no one, closed the public
hearing.
Byrd moved and Kershner seconded that the Ordinance Requiring a Public
Hearing be ADOPTED. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Donovan, Frazey, Elenbaas, and Kershner
Nay: 1 - Byrd
Absent: 0
Enactment No: ORD 2020-001
3. AB2020-001 Resolution approving Whatcom County Parks & Recreation's proposed lease of the
Ostrom Conservation Site to the Nooksack Valley School District to maintain and
operate the property as an outdoor education program and public site
Mike Mcfarlane, Parks and Recreation Department, briefed the Council.
Buchanan opened the public hearing, and hearing no one, closed the public
hearing.
Byrd moved and Kershner seconded that the Resolution Requiring a Public
Hearing be APPROVED. 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
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
Ryan Ericson, Planning and Development Services Department, answered
questions about the erosion potential of ballast and ski boats operating 150
feet as compared to 300 feet from the shore.
Buchanan opened the public hearing, and the following people spoke:
Ron Goodman
Brian McFarlane
Whatcom County Page 2 Printed on 211212020
Council Minutes - Final January 28, 2020
Chris Fellows
Gary Baker
Brett Milewski
Laurie Henley
Paul Joostens
Gary Wood
Katie Stark
Dave Pros
Jeff Hunt
Marc Walker
Rich DeVeau
Jeff Monks
Jim Beard
Eric Huntoon
Jim Holstine
Becky O'Brien Willson
Steve Tomicki
Janet Monks
Micah Ping
Garrett Walker
Millie Johnson
Dan Peck
Jonathan Niva
Don Terry
Stacy Ziegler
Jim Peeples
James Willson
Jim Bremer
Cooper Walker
Eric McHenry
Richard Herman
Jacob Alexander
Noah Joostens
David DeYoung
Melanie Henley
Hearing no one else, Buchanan closed the public hearing.
Byrd moved that the Ordinance be adopted.
The motion was seconded.
Councilmembers thanked the speakers, discussed the motion, and spoke
Whatcom County page 3 Printed on 211212020
Council Minutes - Final January 28, 2020
about whether safety is an issue for non -motorized activities on the lake,
and how the community can find ways to regulate visitors who come from
outside the area to recreate on the lake, and how the County can enforce
two different distances.
Byrd's motion that the Ordinance Requiring a Public Hearing be ADOPTED
carried by the following vote:
Aye: 5 - Browne, Buchanan, Byrd, Elenbaas, and Kershner
Nay: 2 - Donovan, and Frazey
Absent: 0
Enactment No: Ord 2020-002
OPEN SESSION (20 MINUTES)
The following people spoke:
The following people spoke about the withdrawl of the Renewable Energy
Group (REG) permit application for the Green Apple Project at the Phillips
66 Refinery and the moritoriums at Cherry Point:
Trevor Smith
(inaudible) Tarter
Michael (inaudible)
Adam Lamb
Luis Aragon
The following people spoke about issues concerning Point Roberts:
Allison Calder
John Lesow sumitted a handout (on file)
Ken Calder
The following people spoke about the Public Health, Safety, and Justice
Facility Needs Assessment:
Max Perry
Carole Perry
Buchanan closed the open session.
CONSENT AGENDA
(From Council Finance and Administrative Services Committee)
1. AB2020-039 Request approval to sign agreement with Washington State Recreation and
Conservation Office Washington Wildlife and Recreation Program Farmland
Preservation grant program to provide matching funds for the acquisition of an
Whntcom County Page 4 Printed on 211212020
Council Minutes - Final January 28, 2020
agricultural conservation easement on the McLeod property through the Purchase of
Development Rights (PDR) Program
Byrd reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner
Nay: 0
Absent: 0
2. AB2020-040 Request approval to sign agreement with Washington State Recreation and
Conservation Office Washington Wildlife and Recreation Program Farmland
Preservation grant program to provide matching funds for the acquisition of an
agricultural conservation easement on the Roper property through the Purchase of
Development Rights (PDR) Program
Byrd reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner
Nay: 0
Absent: 0
3. AB2020-041 Request approval to sign agreement with Washington State Recreation and
Conservation Office Washington Wildlife and Recreation Program Farmland
Preservation grant program to provide matching funds for the acquisition of an
agricultural conservation easement on the TeVelde property through the Purchase of
Development Rights (PDR) Program
Byrd reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner
Nay: 0
Absent: 0
4. AB2020-043 Request authorization for the County Executive to enter into a contract between
Whatcom County and Max Higbee Center to support critical construction
improvements at their newly leased location, in the amount of $100,000
Byrd reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
Whatcom County Page 5 Printed on 211212020
Council Minutes - Final January 28, 2020
carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner
Nay: 0
Absent: 0
5. AB2020-044 Request authorization for the County Executive to enter into a contract between
Whatcom County and Northwest Youth Services to support operations at the
Ground Floor Day -Use Center, in the amount of $125,000
Byrd reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner
Nay: 0
Absent: 0
6. AB2020-045 Request authorization for the County Executive to enter into a Collective Bargaining
Agreement between Whatcom County and the Fraternal Order of Police, Matt
Herzog Memorial Lodge #24 representing Whatcom County Sheriff's Office
Management Group
Byrd reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner
Nay: 0
Absent: 0
7. AB2020-055 Request authorization for the County Executive to enter into a contract between
Whatcom County and Hellmuth, Obata, and Kassabaum, Inc. (HOK) to develop a
Whatcom County Public Health, Safety, and Justice Facility Needs Assessment, in
the amount of $629,694
Byrd reported for the Finance and Administrative Services Committee and
stated that this agenda item was HELD IN COMMITTEE.
OTHER ITEMS
(From Council Finance and Administrative Services Committee)
1. AB2020-020 Ordinance amending the 2020 Whatcom County Budget, request no. 3, in the amount
of $1,586,506
Whatcom County Page 6 Printed on 211212020
Council Minutes - Final January 28, 2020
Byrd reported for the Finance and Administrative Services Committee and
moved that the Ordinance be ADOPTED.
Councilmember Frazey spoke about the plantation range and stated she
would like to look at it again at the next budget cycle to see if it is losing
money.
Byrd's motion that the Ordinance be ADOPTED 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. AB2020-003 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Skagit County for mutual assistance on minor road
projects with labor, equipment, or materials on a reimbursable basis for road
maintenance activities through January 31, 2024
Byrd reported for the Finance and Administrative Services Committee and
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. AB2020-034 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Skagit County for Mini -Chain Services in the amount
of $153,411.00
Byrd reported for the Finance and Administrative Services Committee and
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
4. AB2020-035 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Oak Harbor for Mini -Chain Services in
the amount of $1,845.00
Whatcom County Page 7 Printed on 211212020
Council Minutes - Final January 28, 2020
Byrd reported for the Finance and Administrative Services Committee and
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
5. AB2020-036 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Marysville for Mini -Chain Services in the
amount of $37,006.00
Byrd reported for the Finance and Administrative Services Committee and
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
6. AB2020-050 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Island County for Mini -Chain Services in the amount
of $4,626.00
Byrd reported for the Finance and Administrative Services Committee and
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
7. AB2020-053 Request approval of the Economic Development Investment (EDI) Board's
recommendation for funding of the City of Lynden's request for a loan in the amount
of $2,000,000 and a grant in the amount of $1,000,000
Byrd reported for the Finance and Administrative Services Committee.
Kershner moved and Elenbaas seconded that the request be APPROVED.
Kershner summarized the presentation and the request.
Tyler Schroeder, Executive's Office, answered questions and
Councilmembers discussed how many other projects will be coming
forward for Economic Development Investment (EDI) funding, protecting
Whatcom County Page 8 Printed on 211212020
Council Minutes - Final January 28, 2020
the EDI funds so they can be used for other needs such as the childcare
crisis, granting and loaning money that would enable the owners of the land
to increase the value of their property, recusing oneself from discussion
and voting on a proposal when a potential conflict of interest exists, ways
that the proposal could be restructured to come back to the Council for
approval, the fact that part of the EDI money has come from the the citizens
of the City of Lynden, and how to proceed with the request before them.
Kershner's motion failed by the following vote:
Aye: 1 - Kershner
Nay: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas
Absent: 0
EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND
COMMITTEES
1. AB2020-054 Request confirmation of the Executive's new appointments and reappointments to
Executive boards and committees; appointments to take effect on February 1, 2020
Donovan moved that all the appointments be confirmed.
Byrd suggested a friendly amendment to hold confirmation of the
Housing Advisory Committee appointment for two weeks to keep it open
for additional applicants.
Satpal Sidhu, County Executive, answered questions about the suggestion to
hold the confirmation.
Donovan accepted the friendly amendment and moved to confirm all of the
appointments except for the Housing Advisory Committee. The motion was
seconded.
Sidhu answered questions about whether the Agricultural Advisory
Committee has full membership.
The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaaas, Frazey, and Kershner
Nay: 0
Donovan moved to ask that the Executive bring a request for confirmation
of applicants for the Housing Advisory Committee at a later date.
Donovan withdrew his motion because a motion is not needed from the
Whatcom County Page 9 Printed on 211212020
Council Minutes - Final January 28, 2020
Council.
Donovan's motion that the Executive Appointments be CONFIRMED except
for the Housing Advisory Committee carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner
Nay: 0
Absent: 0
INTRODUCTION ITEMS
Bryd moved that the introduction items be introduced.
Tyler Schroeder, Executive's Office, answered a question about whether the
item two should be introduced tonight since AB2020-055 Request
authorization for the County Executive to enter into a contract between
Whatcom County and Hellmuth, Obata, and Kassabaum, Inc. (HOK) to
develop a Whatcom County Public Health, Safety, and Justice Facility
Needs Assessment, in the amount of $629, 694 was held in Committee.
See vote on individual item below.
1. AB2020-046 Ordinance amending the 2020 Whatcom County Budget, request no. 4, in the amount
of $193,202
Byrd moved 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 2020-004
2. AB2020-052 Ordinance amending the project budget for the New Jail Project Fund 2013-2014,
request no. 5
Byrd moved 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 2020-005
Whatcom County Page 10 Printed on 211212020
Council Minutes - Final January 28, 2020
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Satpal Sidhu, County Executive, requested to give an Executive Report and
reported on an upcoming trip to Olympia to talk to the Governor's Office
about the Phillips 66 Green Apple project not moving forward and the
housing and childcare crises in Whatcom County; revisiting the board
structure of the Economic Development Investment (EDI) board and
criteria for securing EDI funds; including the Business and Commerce
Advisory Committee in the EDI funding approval process; what kind of
information the Council would like to see on the cover sheets of contracts
that come before the Council for approval; a desire to create a formal
process to set a schedule for at least four meetings with each
Councilmember a year to improve communication between the
Councilmember and the administration; and engaging early on the biennium
budget by requesting Councilmembers to submit proposals of budget
priorities in writing before the budget process begins.
Councilmembers gave committee reports and updates on recent activities
and upcoming events.
Byrd submitted a resolution for consideration:
AB2020-072 Resolution supporting environmentally friendly renewable energy projects
Byrd moved that the RESOLUTION be approved. The motion was seconded.
Councilmembers and Executive Sidhu discussed the Resolution, the recent
application for the Green Apple Renewable Fuels Facility project,
addressing regulatory uncertainty and how to expedite permit processes.
Tyler Scroeder, Executive's Office, suggested amended language in the last
paragraph of the Resolution:
NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council
will work with -requests -the County Executive and County Planning
department to create an expedited permitting process and try to define lei
uncertainties work with the
er-mit4ing pr-eeess for- all renewable energy projects, including the Green
Apple project.
Byrd accepted the suggested language amendment and moved to approve as
amended. The motion was seconded.
Donovan suggested to change the wording: to create an eNpedjfg4 fair
permitting process and try to define legal uncertainties.
Whatcom County Page 11 Printer! on 211212020
Council Minutes - Final January 28, 2020
Browne suggested to change the wording: NOW, THEREFORE, BE IT
RESOLVED that the Whatcom County Council,-Feglests-the County
Executive and County Planning department will work together to establish
the specific re ug latory uncertainties affecting renewable energy
projects.werkwith the Green Apple Y.ejeet t.,.ec4e ...:Yedito.,�a
Byrd did not accept the suggested language from Donovan or Browne.
Karen Frakes, Prosecuting Attorney's Office, stated she is not concerned
about the proposed resolution.
Byrd's motion that the Resolution be APPROVED AS AMENDED carried by
the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner
Nay: 0
Absent: 0
Enactment No: RES 2020-004
Councilmembers continued giving committee reports and updates on recent
activities and upcoming events.
Browne submitted two letters in support of HB 1497 and HB 2679 (related
to funding for foundational public health services and `roved to request that
the Council approve and send the first letter (related to HB1497). The
motion was seconded.
Councilmembers discussed whether they support the letter and how the
wording of the letter should reflect that support.
Browne suggested to amend the language of the first paragraph to add a
sentence at the end that states: The Council majority supports this bill and
we hope you will too.
The suggestion was seconded.
The motion to approve as amended carried by the following vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 0 -
Abstain: 2 - Byrd and Elenbaas
Wkatcom County Page 12 Printed on 211212020
Council Minutes - Final January 28, 2020
ADJOURN
Councilmembers discussed the language of the second letter.
Donovan suggested that the language of the letter reflects that it comes
from the Council majority by adding "The Whatcom County Council
majority urges the legislature..."
Browne accepted the change and moved to request that the Council approve
and send the second letter (related to HB 2679) as amended. The motion
was seconded.
The motion to approve as amended carried by the following vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 0 -
Abstain: 2 - Byrd and Elenbaas
Councilmembers discussed an idea of purchasing the Bellis Fair Mall
property to use for County facilities and gave other updates.
The meeting adjourned at 11:46 p.m.
The County Council approved these minutes on February 11, 2020.
ATTEST:
G 1�
Dtar a*Brown-D i , C'la Icil Cleik
Kristi Fef6ifiiger4 jmiftdi6s Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
B B chanan, Council Chair
Whatcom County Page 13 Printed on 211212020