HomeMy WebLinkAboutSpecial Council Mar 31 2020Whatcom County
Council (Special)
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Minutes - Final
VIRTUAL MEETING - SPECIAL COUNCIL/HEALTH BOARD MEETING
Tuesday, March 31, 2020
1PM
Virtual Meeting
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 (Special) Minutes - Final March 31, 2020
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 1 p.m. on the
virtual meeting.
ROLL CALL
Present: 7 - Rud Browne, Barry Buchanan, Tyler Byrd, Todd Donovan, Carol Frazey, Ben
Elenbaas and Kathy Kershner
Absent: None
ANNOUNCEMENTS
COUNTY EXECUTIVE'S REPORT
There was no Executive Report.
SPECIAL UPDATES AND DISCUSSION/ACTION ITEMS
AB2020-1 16 Update on COVID-19
Erika Lautenbach, Health Department Director, updated the
Councilmembers on the following:
• The Whatcom Unified Command has changed their operational from
seven days to four days (Monday through Thursday).
• The overarching goals of Whatcom Unified Command
• The objectives of the Unified Command sections for this operational
period, including
o OPERATION - monitoring the spread of disease at the
Shuksan and other nursing facilities; supporting the drop -in
center at Bellingham High School; supporting the food banks,
providing testing and follow-up on those that have tested
positive; providing technical assistance to primary care
providers; ensuring continuity of operations for police, fire,
and emergency medical services resources; developing and
acting on plans for an isolation and quarantine facility for
those at the drop -in center that show COVID-19-like
symptoms; working to identify economic impacts and advise
on strategies to mitigate impacts; and advising businesses on
the Governor's stay -home order.
o LOGISTICS - securing personal protection equipment (PPE)
for all health care providers; working on coordinating and
securing long term staffing for Emergency Operations Center
(EOC) positions; and working to secure equipment and
facilities to support all operations.
o FINANCE AND ADMINISTRATION - working on
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coordinating contracts for all of the above and keeping track
of expenses related to Unified Command so we can be
reimbursed appropriately.
o PLANNING - identifying facilities for expansion of hospital
services; identifying facilities for treatment centers out in the
county; identifying facilities for isolation and quarantine in
communities outside of Bellingham; identifying personnel
needed to staff and operate these surge facilities; and using
data to model what the anticipated growth and spread
timelines are in order to stay ahead of the game on getting
these facilities operational.
• A decision made by the incident commanders to report to
dispatchers confirmed cases of COVID-19 for first responders. A
plan for how this will happen will be formed in the next couple days.
• A location has been identified for quarantine and isolation for those
at the drop -in center that are showing symptoms and should be up
and running by the end of this operational period.
• NW Laboratories is now able to take COVID-19 tests which will
reduce the turn -around time of testing to about 24-48 hours. The
Health Department is ramping up drive -through testing and Peace
Health is also working on this. Peace Health has had staff onsite at
the EOC every day and working with Unified Command on all the
issues from a health care perspective.
• Filming public service announcements featuring City Mayors, the
County Executive and City Councilmembers.
• Work by the Planning Section, the epidemiology team, partners from
Western Washington University and others on local forecasting and
modeling to identify what to expect. It is in draft form but the model
shows a significant change if we lose momentum on social and
physical distancing.
She answered questions about whether a recommendation will come from
the Health Department to use the fastest testing method that they can, the
need for personnel to staff surge facilities, community interest in
widespread testing to figure out if there are people who have recovered and
have antibodies so they could go back to work, addressing contracts with
labs that might keep us from getting test results quickly, whether protocols
around who gets tested will be loosened up, communicating with the public
about the Planning Section's models for timelines and strategies to show
the community what to expect and why choices are being made, and whether
case data will be released to those creating the models.
Steve Oliver, County Treasurer, spoke about concerted efforts of various
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counties to craft a policy about property tax due date extensions. He
answered questions and spoke about his previous forecast for budget
constraints; the County's cash flow; how the general fund now compares to
the fund during the last economic downturn; and being careful how much
they allow the general fund balance to drop.
Tyler Schroeder, Executive's Office, stated that he, Oliver and Brad Bennett,
Administrative Services, have been discussing these issues and would like
an opportunity for more thorough dialogue about it at the next Council
meeting in the Executive Report.
Councilmembers continued to discuss the agenda item.
This agenda item was DISCUSSED.
2. AB2020-1 17 Discussion of strategies related to COVID-19
Councilmembers discussed ways for people to interact such as setting up
drive-in movies, the importance of wearing masks and whether people
should be encouraged to wear them when they go out, setting up hand
washing stations at grocery stores, and whether grocery clerks should wear
masks, and whether the motions made at the March 24, 2020 Council
meeting have been addressed by the Health Department.
This agenda item was DISCUSSED.
OTHER ITEMS
AB2020-161 Emergency Ordinance establishing the COVID-19 Emergency Response Fund and
establishing a budget for the COVID-19 Emergency Response Fund
The following people discussed this item with the Councilmembers:
Tyler Schroeder, Executive's Office
Brad Bennett, Administrative Services Department
Karen Frakes, Prosecuting Attorney's Office
Dana Brown -Davis, Clerk of the Council
Schroeder briefed the Councilmembers on the Ordinance and its purpose
and he, Frakes, and Bennett answered questions about whether this is an
emergency or standard ordinance, whether we are expecting to be
reimbursed for this from Federal and State funds, whether the local match
amount of 1.25 million dollars would come just from Whatcom County or
also Bellingham, whether the ordinance contains more than one subject,
whether expenditures and contracts from the four million dollar fund will
still require Council approval, which fund the interfund loan would be
authorized to come from, whether loaning Economic Development
Investment (EDI) fund money is consistent with the Revised Code of
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Washington (RCW) concerning the EDI fund, which version of the
ordinances in the packet is most current since both list different funds, why
they are not proposing to put the money into the Emergency Management
Fund which is already established, what authority the Executive's Office is
using, and whether the Council has ceded their legislative and budgeting
authority to the Executive.
Councilmembers and staff continued to discuss the role for the Council and
the Sheriff as listed in the Whatcom County Comprehensive Emergency
Management Plan (CEMP), how much the City of Bellingham will
contribute, not knowing what the projected balances will be and how the
loan will impact the County budget, not knowing what the burn rate has been
so far and what approved funds have been spent on up to this point, whether
the Unified Command is run by the Sheriff's department, whether the
Sheriff or his designee is putting together the budget and making decisions
on how to respond to this emergency or whether it is in coordination with
the Administration, the need for more information on the Unified
Command spending protocols before adopting the ordinance, what would
happen if the Council does not adopt the ordinance, the need to expedite
some purchases, whether the decisions about spending come from the
Unified Command or the Health Department, and a request to have more
information and a plan for the money that's being allocated.
Buchanan moved that the Ordinance be adopted. The motion was seconded.
Schroeder, Bennett, and Steve Oliver, County Treasurer, answered questions
and discussion continued about concerns that the money is coming out of
the EDI Fund and will have to be paid back to that fund, the time frame in
which the loan has to be paid back, whether Bennett is on the section of the
Unified Command that determines what money will be used and where if it
is over $40,000, the difference between this interfund loan process and the
regular EDI fund loan process, how the ordinance could be amended so that
everyone could agree on it, and what things would be delayed if adoption of
the Ordinance is delayed.
Donovan moved to call the question. The motion was seconded.
The motion to call the question carried by the following vote:
Aye: 4 - Browne, Buchanan, Donovan, and Frazey
Nay: 3 - Byrd, Elenbaas, and Kershner
The motion to adopt the Ordinance failed (due to the lack of a 2/3 majority)
by the following vote:
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Aye: 4 - Buchanan, Donovan, Frazey, and Browne
Nay: 3 - Byrd, Elenbaas, and Kershner
Councilmembers and staff discussed what amount they would be willing to
approve, having information about how long this event will be go on based
on the models, whether the Administration could get the data that has been
requested by tomorrow, and what data the Councilmembers are interested
in.
Byrd asked about the burn down rate for the money that has already been
allocated for the project, and Schroeder answered his question, listed
projects the money has been used for and explained why the request in
today's ordinance is an interfund loan through the EDI Fund. The dollars are
going to the Unified Command and not the Health Department.
Councilmembers spoke about the need to have as much information as
possible to make an informed decision, not cutting off debate before
everyone gets questions answered, approving a lesser amount of money now
and then increasing it as expenses go up, approving smaller amounts so the
Council knows where the money is going, having a routine check -in point in
order to understand how money is being spent up to that point in time,
understanding the strategy that's moving forward, seeing the projected
epidemiology model so they know how long the crisis is going to go on
which will inform them how far approved money will go, knowing the
general buckets into which the funds will go, comprehending why decisions
are being made and understanding them, having an understanding of what the
impact will be to the County financials, having a communications plan or a
dedicated professional communications officer hired and put in charge of
the Joint Information Center (JIC) to run all communications and talk the
community routinely, understanding decision making and who has veto
authority, how veto authority is being used, understanding the protocol that
is going to be used once this budgeting process moves out of the Council's
hands, what has already been spent, the projections for the future and the
models they are based on, and the protocol that will be in place for directing
those funds.
Byrd moved to amend the ordinance to change the amount from $4,000,000
to $500,000.
Oliver spoke about his observations of Bennett and Schroeder working hard
to get the expenditure process at Unified Command under control so that
we can see what the cash burn really looks like. This is not a regular
purchasing circumstance. The best process will protect the general fund in
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the end.
Byrd restated his motion. The motion was seconded.
Councilmembers discussed the requests stated today, and the motion.
Browne moved to amend Byrd's motion to change the amended amount to
$1,000,000 instead of $500,000. The motion was seconded.
Councilmembers, Schroeder, and Brown -Davis discussed giving the
Council more understanding of how the money will be spent; keeping the
people and the Council informed; the possibility of the Administration
coming back in two days with a protocol for the expenditure decisions, what
has been spent to date, and an approximation of what we plan to spend it on;
getting the epidemiology model; and what process the Emergency
Ordinance needs to follow.
Browne withdrew his motion and proposed it as a friendly amendment.
Byrd accepted the friendly amendment.
Councilmembers and Schroeder spoke about emergency management
language in the Whatcom County Code, and the intent of Byrd's motion to
only change the interfund loan payable amount and the Contractual Services
amount.
Byrd's amended motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Kershner, Browne
Nay: 0
**The motion to adopt the Ordinance as amended carried by the following
vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Kershner, Browne
Nay: 1 - Elenbaas
**Due to procedural oversight, this ordinance was not officially adopted
by the council; a replacement ordinance will be considered at a later
date.
The Ordinance was ADOPTED AS AMENDED (**see note) by the following
vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey and Kershner
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Nay: 1 - Elenbaas
Absent: 0
Enactment No: ORD 2020-013
**Due to procedural oversight, this ordinance was not officially adopted by the
council; a replacement ordinance will be considered at a later date. See
Ord2020-166.
2. AB2020-162 Emergency Ordinance authorizing an interfund loan to finance cash flow for
COVID-19 Emergency Response
Tyler Schroeder, Executive's Office, explained how this ordinance would
need to be amended to match what was adopted for AB2020-161.
Browne moved that the Ordinance be adopted.
Browne moved to amend the Ordinance to change the stated loan amount
from $4,000,000 to $1,000,000. The motion was seconded.
Karen Frakes, Prosecuting Attorney's Office, answered questions about the
process for amending an emergency ordinance.
Elenbaas moved the hold the ordinance. The motion failed for lack of a
second.
The motion to amend the ordinance carried by the following vote:
Aye: 7 - Donovan, Elenbaas, Frazey, Kershner, Browne, Buchanan, and Byrd
Nay: 0
**The motion to adopt the Ordinance (see note) as amended carried by the
following vote:
Aye: 6 - Frazey, Kershner, Browne, Buchanan, Byrd, Donovan
Nay: 1 - Elenbaas
Councilmembers and staff discussed getting information to the Council at
the next Special Council meeting; not being able to make commitments
about spending until the funds have been approved and are available; talking
about protocols for expenditure decisions, what has been spent to date, and
what things they plan to spend money on when the Administration believes
there are additional needs for funds and brings them forward for
consideration.
**Due to procedural oversight, this ordinance was not officially adopted
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by the council; a replacement ordinance will be considered at a later
date.
Browne's motion that the Ordinance be ADOPTED AS AMENDED (**see
note) carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey and Kershner
Nay: 1 - Elenbaas
Absent: 0
ADJOURNMENT
Enactment No: ORD 2020-014
**Due to procedural oversight, this ordinance was not officially adopted by the
council; a replacement ordinance will be considered at a later date. See
Ord2010-165.
The meeting adjourned at 3:34 p.m.
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