HomeMy WebLinkAboutCouncil Mar 10 2020Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Minutes - Final
REVISED 3.9.2020 (SEE REVISION NOTICE IN MEETING DETAILS)
Tuesday, March 10, 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 March 10, 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: 6 - Rud Browne, Barry Buchanan, Tyler Byrd, Todd Donovan, Carol Frazey, and
Ben Elenbaas
Absent: I - Kathy Kershner
FLAG SALUTE
ANNOUNCEMENTS
Satpal Sidhu, County Executive, announced the first confirmed positive case
of COVID-19 in Whatcom County today, his decision to declare a public
health emergency in Whatcom County, and new recommendations made
today by the Whatcom County Health Department. He read into the record
the Whatcom County Proclamation of Emergency.
Donovan moved to affirm the Executive's proclamation. The motion was
seconded.
The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey
Nay: 0
Absent: 1 - Kershner
MINUTES CONSENT
1. MIN2020-035 Water Work Session for February 18, 2020
Donovan moved and Frazey seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas
Nay: 0
Absent: 1 - Kershner
2. MIN2020-036 Regular County Council for February 25, 2020
Donovan moved and Frazey seconded that the Minutes Consent be
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APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas
Nay: 0
Absent: 1 - Kershner
OPEN SESSION (20 MINUTES)
The following people spoke:
Yoshi Ravell spoke about the climate and the environment.
Allison Calder spoke about the COVID-19 virus and the transfer station in
Point Roberts.
John Lesow submitted a handout (on file) and spoke about an article written
concerning Point Roberts.
Ken Calder spoke about the transfer station in Point Roberts.
James Reiley spoke about the COVID-19 virus.
CONSENT AGENDA
Byrd reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through four.
Councilmembers discussed and voted on those items (see votes on
individual items below).
(From Council Finance and Administrative Services Committee)
1. AB2020-105 Request authorization for the County Executive to enter into a contract between
Whatcom County and Snohomish County to utilize State Homeland Security Program
(SHSP) funding to sustain and enhance Division of Emergency Management
programs, in the amount of $87,923
Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas
Nay: 0
Absent: 1 - Kershner
2. AB2020-095 Request authorization for the County Executive to enter into an interlocal agreement
amendment between Whatcom County and the City of Sumas to remove Yakima
County Jail and add Kittitas County Jail as a Correctional Facility utilized by
Whatcom County
Byrd moved that the Interlocal be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
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Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas
Nay: 0
Absent: 1 - Kershner
3. AB2020-101 Request authorization for the County Executive to enter into an interlocal agreement
amendment between Whatcom County and the City of Ferndale to remove Yakima
County Jail and add Kittitas County Jail as a Correctional Facility utilized by
Whatcom County
Byrd moved that the Interlocal be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas
Nay: 0
Absent: 1 - Kershner
4. AB2020-102 Request authorization for the County Executive to enter into an interlocal agreement
amendment between Whatcom County and the City of Everson to remove Yakima
County Jail and add Kittitas County Jail as a Correctional Facility utilized by
Whatcom County
Byrd moved that the Interlocal be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas
Nay: 0
Absent: 1 - Kershner
OTHER ITEMS
(From Council Finance and Administrative Services Committee)
1. AB2020-109 Request authorization for the County Executive to enter into an interlocal contract
amendment between Whatcom County and Whatcom Conservation District to
provide Lake Whatcom Homeowner Incentive Program assistance, in the amount of
$100,000 for a total amended interlocal contract amendment amount of $316,000
Byrd moved that the Interlocal be AUTHORIZED. The motion carried by the
following vote:
Aye: 5 - Browne, Buchanan, Byrd, Donovan, and Frazey
Nay: 1 - Elenbaas
Absent: 1 - Kershner
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2. AB2020-112 Request for authorization for the County Executive to enter into an Interlocal
Agreement between Whatcom County and the City of Ferndale for the Stormwater
Education and Outreach Project
Byrd moved that the Interlocal be AUTHORIZED. The motion carried by the
following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas
Nay: 0
Absent: 1 - Kershner
(From Council Public Works and Health Committee)
3. AB2020-092 Ordinance amending Whatcom County Code (WCC) 2.150, Whatcom County
Veterans' Advisory Board, and WCC 2.152, Veterans' Assistance Program
Frazey moved that the Ordinance be ADOPTED. The motion carried by the
following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas
Nay: 0
Absent: 1 - Kershner
Enactment No: ORD 2020-007
(No Committee Assignment)
4. AB2020-131 Emergency ordinance amending the 2020 Whatcom County Budget, request no. 7, in
the amount of $150,000 (Ordinance amended and amount changed to $250,000)
Satpal Sidhu, County Executive, briefed the Councilmembers about what the
funds will be used for and about workforce planning.
Browne moved that the Ordinance be ADOPTED. The motion was
seconded.
Browne asked Executive Sidhu if he would still like to increase the amount
to $250,000 and Sidhu said yes.
Buchanan moved to amend the amount to $250,000. The motion was
seconded.
Councilmembers, Sidhu and Tyler Schroeder, Executive's Office, discussed
the motion. Supplies are especially needed at this time. If money gets
reimbursed from the Federal or State government it would get returned to
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the general fund. If we get grant revenue coming in we would have to bring
forward a budget supplemental to accept the grant revenue and show where
those dollars will go.
The motion to amend carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey
Nay: 0
Absent:l - Kershner
Karen Frakes, Prosecuting Attorney's Office, answered a question about
whether this ordinance needs a public hearing.
The motion to adopt as amended carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey
Nay: 0
Absent:l - Kershner
Browne's motion that the Ordinance be ADOPTED AS AMENDED carried
by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas
Nay: 0
Absent: 1 - Kershner
Enactment No: ORD 2020-008
EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND
COMMITTEES
1. AB2020-104 Request confirmation of Executive's appointment of Robin Thomas to the Bicycle
Pedestrian Advisory Committee
Donovan moved and Frazey seconded that the Executive Appointment be
CONFIRMED. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas
Nay: 0
Absent: 1 - Kershner
2. AB2020-122 Request confirmation of the Executive's appointment of Pam Sheppard to the Point
Roberts Community Advisory Committee
Frazey moved and Donovan seconded that the Executive Appointment be
CONFIRMED. The motion carried by the following vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Elenbaas
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Nay: 1 - Byrd
Absent: 1 - Kershner
INTRODUCTION ITEMS
Browne moved to introduce items one through six. The motion was
seconded and Councilmembers discussed item six. (see votes on individual
items below).
1. AB2020-091 Ordinance amending Whatcom County Code 16.20, Whatcom County Shellfish
Protection Districts
Browne moved and Donovan seconded that the Ordinance be
INTRODUCED. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas
Nay: 0
Absent: I - Kershner
Enactment No: ORD 2020-031
2. AB2020-093 Ordinance amending Whatcom County Code 1.32, Public Records, to delete
provisions related to exhaustion of administrative remedies
Browne moved and Donovan seconded that the Ordinance be
INTRODUCED. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas
Nay: 0
Absent: 1 - Kershner
Enactment No: ORD 2020-032
3. AB2020-118 Ordinance amending the 2020 Whatcom County Budget, request no. 6, in the amount
of $339,615
Browne moved and Donovan seconded that the Ordinance be
INTRODUCED. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas
Nay: 0
Absent: 1 - Kershner
Enactment No: ORD 2020-009
4. AB2020-119 Ordinance establishing the Swift Creek Capital Projects Fund and establishing a
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project based budget for Swift Creek Capital Projects
Browne moved and Donovan seconded that the Ordinance be
INTRODUCED. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas
Nay: 0
Absent: 1 - Kershner
Enactment No: ORD 2020-010
5. AB2020-120 Ordinance authorizing an interfund loan to finance cash flow for the Swift Creek
Capital Projects Fund
Browne moved and Donovan seconded that the Ordinance be
INTRODUCED. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas
Nay: 0
Absent: 1 - Kershner
Enactment No: ORD 2020-011
6. AB2020-121 Resolution regarding support for a Community Development Block Grant funding
application and review of current CDBG funding opportunities
Tyler Schroeder, Executive's Office, Satpal Sidhu, County Executive, and
Councilmembers discussed whether the County qualifies for this and
Schroeder stated he would bring information about it at the next meeting.
Browne moved and Donovan seconded that the Resolution Requiring a Public
Hearing be INTRODUCED. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas
Nay: 0
Absent: 1 - Kershner
Enactment No: RES 2020-011
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Councilmembers gave committee reports and other updates.
(From Committee of the Whole - Executive Session)
AB2020-123 Discussion of pending litigation with Civil Deputy Prosecutor George Roche: Maier v.
Elfo, et al. [Discussion of this item may take place in executive session (closed to the
public) pursuant to RCW42.30.110 (1) (i)]
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Browne read the following and moved that:
The County Council met in executive session concerning the lawsuit: Maier
v. Whatcom County, et al. Pursuant to Whatcom County Code 2.56, the
Council hereby 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.
Browne's motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas
Nay: 0
Absent: 1 - Kershner
AB2020-125 Discussion of pending litigation with Civil Deputy Prosecutor George Roche:
Bredberg v. Middaugh, et al. [Discussion of this item may take place in executive
session (closed to the public) pursuant to RCW42.30.110 (1) (i)]
Elenbaas read the following and moved that:
The County Council met in executive session concerning the lawsuit:
Bredberg V. Middaugh, et al. Pursuant to Whatcom County Code 2.56, the
Council hereby 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.
Elenbaas' motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas
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Nay: 0
Absent: l - Kershner
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Contiued
ADJOURN
Councilmembers discussed how the chair of the Health Board is
determined, about being prepared for the challenges of the COVID-19 virus,
being a good neighbor to others, the importance of checking the Health
Department website, that fact that the measures that have been put in place
are to keep us from overrunning our infrastructure, volunteer opportunities
for citizens, and the need for blood donations.
The meeting adjourned at 8:00 p.m.
The County Council approved these minutes on June 16, 2020.
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