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