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HomeMy WebLinkAboutCouncil Jun 16 2020Whatcom County Council COUNTY COURTHOUSE 311 Grand Avenue, Ste H105 Bellingham, WA 98225-4038 (360)778-5010 Minutes - Final VIRTUAL MEETING - VIEW ONLINE Tuesday, June 16, 2020 6PM 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 Minutes - Final June 16, 2020 COUNTY COUNCIL CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 6 p.m. in a virtual meeting. 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 Donovan moved that the Minutes be approved by consent. The motion was seconded by Frazey. Councilmembers briefly discussed the motion. See votes on individual items below. 1. MIN2020-037 Special Health Board for March 3, 2020 Donovan moved and Frazey seconded that the Minutes 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. MIN2020-039 Regular County Council for March 10, 2020 Donovan moved and Frazey seconded that the Minutes 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. MIN2020-040 Committee of the Whole - Executive Session for March 10, 2020 Donovan moved and Frazey seconded that the Minutes be APPROVED BY Whatcom Coanly Page l Printed on 712512020 Council Minutes - Final June 16, 2020 CONSENT. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 4. MIN2020-041 Special Health Board for March 10, 2020 Donovan moved and Frazey seconded that the Minutes 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 5. MIN2020-042 Special Health Board for March 12, 2020 Donovan moved and Frazey seconded that the Minutes 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 6. MIN2020-043 Special Council for March 17, 2020 Donovan moved and Frazey seconded that the Minutes 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 7. MIN2020-044 Special Health Board for March 17, 2020 Donovan moved and Frazey seconded that the Minutes 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 8. MIN2020-045 Special Health Board for March 19, 2020 Donovan moved and Frazey seconded that the Minutes be APPROVED BY Whatcone County Page 2 Printed on 712512020 Council Minutes - Final June 16, 2020 CONSENT. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 9. MIN2020-046 Special Council for March 19, 2020 Donovan moved and Frazey seconded that the Minutes 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 10. MIN2020-047 Regular County Council for March 24, 2020 Donovan moved and Frazey seconded that the Minutes 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 OPEN SESSION (20 MINUTES) The following people spoke: Ashley Winter spoke about recent Councilmember comments made on social media. Hearing no one else, Buchanan closed the Open Session. CONSENT AGENDA (From Council Finance and Administrative Services Committee) Byrd reported for the Finance and Administrative Services Committee and moved that Consent Agenda items 1-9 and 11 and 12 be approved by consent. See votes on individual agenda items below. Byrd reported for the Finance and Administrative Services Committee and moved that Consent Agenda item number 10 be approved by consent. WGateom County Page 3 Printed on 712512020 Council Minutes - Final June 16, 2020 See vote on individual agenda item below. 1. AB2020-167 Request authorization for the County Executive to amend a contract between Whatcom County and U.S. Department of Agriculture, Forest Services Baker Lake overtime patrols modifying the Annual Operating Plan in the amout of $21,900.00 for 2020 with estimated period beginning May 1, 2020 and ending September 30, 2020 and updates to the contact information for Whatcom County Byrd moved that the SUBSTITUTE Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 2. AB2020-182 Request authorization for the County Executive to enter into a contract between Whatcom County and Sustainable Connections to provide commercial waste reduction, recycling, and food waste recovery initiatives, in the amount of $95,000 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 3. AB2020-183 Request authorization for the County Executive to enter into a contract between Whatcom County and Pioneer Human Services to lease the Whatcom County Behavioral Health Crisis Triage Center, in an annual amount of $10,056 Byrd moved that the Agreement be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 4. AB2020-225 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Action Cleaning Services to provide custodial service for outside buildings Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Whatcom County Page 4 Printed on 712512020 Council Minutes - Final June 16, 2020 Nay: 1 - Elenbaas Absent: 0 5. AB2020-228 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Kulshan Supported Employment to provide services to adults with developmental disabilities in the estimated annual amount of $1,066,912 for an estimated total amended contract amount of $4,533,257 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 6. AB2020-229 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Washington Vocational Services to provide services to adults with developmental disabilities in the estimated annual amount of $258,093 for an estimated total amended contract amount of $449,318 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 7. AB2020-230 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Work Opportunities to provide services to adults with developmental disabilities in the estimated annual amount of $672,138 for an estimated total amended contract amount of $2,236,299 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 8. AB2020-239 Request authorization for the County Executive to enter into a contract between Whatcom County and Siemens Industry, Inc. for the Technical Support HVAC Controls Service Agreement, in the amount of $171,837.96 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion Whatcom County Pine 5 Printed on 712512020 Council Minutes - Final June 16, 2020 carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 9. AB2020-241 Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Dept. of Transportation to obligate additional federal construction funds for the Birch Bay Drive and Pedestrian Facility, in the amount of $377,787 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 10. AB2020-242 Request authorization for the County Executive to enter into a contract between Whatcom County and the Boys and Girls Club of Whatcom County to support operational costs attributed to the addition of 532 childcare slots, in the amount of $100,000 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Abstain: 1 - Byrd 11. AB2020-243 Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Military Department to receive FEMA Public Assistance funding for COVID-19 response, with the amount to be based on eligible scopes of work Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 12. AB2020-245 Request authorization for the County Executive to enter into a contract between Whatcom County Page 6 Printed on 712512020 Council Minutes - Final June 16, 2020 Whatcom County and RMC Architects PLLC to provide a feasibility study for the Northwest Annex site, in the amount of $98,950 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 OTHER ITEMS (From Council Natural Resources Committee) 1. AB2020-091 Ordinance amending Whatcom County Code 16.20, Whatcom County Shellfish Protection Districts Donovan reported for the Natural Resources Committee and moved that the substitute Ordinance be adopted. Dana Brown -Davis, Clerk of the Council, clarified that there was a revised version of the Ordinance. Donovan's motion that the SUBSTITUTE 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 2020-031 (From Council Finance and Administrative Services Committee) 2. AB2020-093 Ordinance amending Whatcom County Code 1.32, Public Records, to delete provisions related to exhaustion of administrative remedies Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Enactment No: ORD 2020-032 Whoteom County pine 7 Printed on 712512020 Council Minutes - Final June 16, 2020 3. AB2020-164 Ordinance closing the Lighthouse Marine Park Improvement Fund 362 Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Enactment No: ORD 2020-033 4. AB2020-214 Ordinance suspending Whatcom County Code 1.28 to update the Correctional Facilities Operational Standards Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be adopted. Donovan summarized the background of the ordinance. Councilmembers discussed the ordinance, the discussion in committee, and a request made to the Sheriffs Office to make the updated policies available on the website as they are completed. 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 2020-034 5. AB2020-224 Ordinance amending the 2020 Whatcom County Budget, request no. 13, in the amount of $13,153,598 Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be adopted. Councilmembers discussed the motion and demobilization of the Unified Command. Byrd's motion that the Ordinance be ADOPTED carried by the following vote: Aye: 4 - Browne, Buchanan, Donovan, and Frazey Whatcom County Page 8 Printed on 712512020 Council Minutes - Final June 16, 2020 Nay: 3 - Byrd, Elenbaas, and Kershner Absent: 0 Enactment No: ORD 2020-035 6. AB2020-226 Ordinance amending the project budget for the Northshore Drive/Edgewater Lane Stormwater Improvements Fund, request no. 1 Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be adopted. Councilmembers discussed the motion and the fund used for the project. Byrd's motion that the Ordinance be ADOPTED carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 2 - Byrd, and Elenbaas Absent: 0 Enactment No: ORD 2020-036 7. AB2020-208 Resolution requesting authorization to make an application and enter into a grant agreement with the Washington State Recreation and Conservation Office for South Fork Park trail development Byrd reported for the Finance and Administrative Services Committee and moved that the Resolution be APPROVED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 Enactment No: RES 2020-020 8. AB2020-209 Resolution requesting authorization to make an application and enter into a grant agreement with the Washington State Recreation and Conservation Office for development of Birch Bay Beach Park Byrd reported for the Finance and Administrative Services Committee and moved that the Resolution be APPROVED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Wkutcom County Page 9 Printed on 712512020 Council Minutes - Final June 16, 2020 Absent: 0 Enactment No: RES 2020-021 (From Council Public Works and Health Committee) 9. AB2020-184 Consideration of citizen appeals of address change due to correction of address number sequence Frazey reported for the Public Works and Health Committee and moved that the appeal be denied. Councilmembers discussed the request and the committee discussion about who should bear the cost depending on who caused the mistake in addressing and creating a proposal which would provide for a mechanism if the homeowner is not at fault for the mistake. Karen Frakes, Prosecuting Attorney's Office, clarified that the motion was to deny the appeal. Frazey's motion that the appeal be DENIED carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 (From Council Committee of the Whole) 10. AB2020-252 Resolution inviting other local jurisdictions to collaborate to improve efficiency for the benefit of our taxpayers Buchanan reported for the Committee of the Whole. Browne summarized the Resolution. Clerk's note: After the vote, and under AB2020-129 Browne suggested that the Resolution be sent with a cover letter signed by the Chair to each of the other jurisdictions addressed to their respective councils. The Chair concurred. Buchanan moved and Browne seconded that the Resolution be APPROVED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Whatcom County Page 10 Printed on 712512020 Council Minutes - Final June 16, 2020 Enactment No: RES 2020-022 EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 1. AB2020-129 Requests confirmation of the County Executive's appointment of Steven Green to the Agricultural Advisory Committee Donovan moved that the Executive Appointment be confirmed. The motion was seconded by Frazey. Councilmembers discussed the motion. Donovan's motion that the Executive Appointment be CONFIRMED carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 2. AB2020-130 Requesting confirmation of the County Executive's appointment of Todd Tyrrell to the Whatcom County Appeals Board Donovan moved and Byrd seconded that the Executive Appointment be CONFIRMED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 3. AB2020-135 Requesting confirmation of the County Executive's appointment of David Charleston to the Developmental Disabilities Advisory Board Byrd moved and Frazey seconded that the Executive Appointment be CONFIRMED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 4. AB2020-136 Requesting confirmation of the County Executive's appointment of John Radwanski to the Americans With Disabilities Act (ADA) Compliance Committee Byrd moved and Donovan seconded that the Executive Appointment be CONFIRMED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Whatcom County Page 11 Printer! on 712512020 Council Minutes - Final June 16, 2020 Nay: 0 Absent: 0 INTRODUCTION ITEMS Donovan `roved to introduce items one through four. The motion was seconded by Byrd (see votes on individual items below). 1. AB2020-138 Appointment to the Homeless Strategies Workgroup, Homeless Children and Families position, applicant(s): Joel Kennedy and Emily O'Connor Donovan moved and Byrd seconded that the Council Appointment be INTRODUCED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 2. AB2020-248 Appointment to the Noxious Weed Board, District 3, applicant(s): George Kaas Donovan moved and Byrd seconded that the Council Appointment be INTRODUCED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 3. AB2020-249 Appointment to Drainage District 3, commissioner position 3, applicant(s): Paul Sangha Donovan moved and Byrd seconded that the Council Appointment be INTRODUCED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 4. AB2020-250 Appointment to the Homeless Strategies Workgroup, Schools position, applicant(s): Lisa Marx Donovan moved and Byrd seconded that the Council Appointment be INTRODUCED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Whatcom County Page 12 Printed on 712512020 Council Minutes - Final June 16, 2020 Absent: 0 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ADJOURN Buchanan reported on a possible special meeting on the afternoon of June 23 or June 30, 2020 to discuss the following agenda items: • Resolution docketing Comprehensive Plan and development regulation amendments (AB2020-106) • Discussion regarding goals, guidelines, and approach to updating current and future budgets (AB2020-234) Kershner moved to have a special meeting on the June 23, 2020 after the Water Work Session. The motion was seconded by Frazey. Councilmembers and Dana Brown -Davis, Clerk of the Council, discussed the motion and the time for the meeting. The motion carried by the following vote: Aye: 7 - Elenbaas, Frazey, Kershner, Browne, Buchanan, Byrd, and Donovan Nay: 0 Councilmembers gave reports and updates on recent events. Satpal Sidhu, County Executive, extended an invitation to meet and talk with Councilmembers. The meeting adjourned at 6:59 p.m. The County Council approved these minutes on July 21, 2020. AT A P T C ®°® ��� WHATCOM COUNTY COUNCIL (Y � 4/ °® WHATCOM COUNTY, WA ° COS e , Dada Brows >9 J§ 1 buhcil Clerk Bay chanan, Council Chair vKrriisti Felbinger, Minutes Transcription Whatcom County Page 13 Printer! on 712512020