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HomeMy WebLinkAboutCouncil Sep 29 2020Whatcom County Council COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 Minutes - Final VIRTUAL MEETING - VIEW ONLINE AGENDA REVISED 9.25.2020 Tuesday, September 29, 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 September 29, 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 COUNTY EXECUTIVE'S REPORT Satpal Sidhu, County Executive, gave a presentation and updated the Councilmembers on the following: • Fiscal impacts in 2020 • 2020 mitigation measures • Grants received • Capital projects • Water settlement discussions • Child and Family Action Plan • A Racial Equity Committee/Commission He answered questions about how the Health Department would deal with the Child and Family Action Plan with all their responsibilities during the COVID-19 crisis. Tyler Schroeder, Executive's Office, spoke about additional information sent to the Council about 2021-2022 financial projections. MINUTES CONSENT Donovan moved to accept the minutes consent items. The motion was seconded by Frazey (see votes on individual items below). 1. MIN2020-089 Special Council meeting (Interlocal Collaboration Meeting with Cities) for September 9, 2020 Donovan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Whatcom County Page 1 Printed on 1011412020 Council Minutes - Final September 29, 2020 Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 2. MIN2020-090 Committee of the Whole Executive Session for September 15, 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. MIN2020-091 Committee of the Whole for September 15, 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 4. MIN2020-092 Regular County Council for September 15, 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 1. AB2020-352 Ordinance adopting various amendments to WCC Titles 12 (Roads & Bridges), 16 (Environment), 20 (Zoning), 21 (Land Division Regulations), and 22 (Land Use and Development Procedures) Cliff Strong, Planning and Development Services Department, stated he made some textual changes and saw one error that he would like to fix and he described the error. Karen Frakes, Prosecuting Attorney's Office answered whether it is a substantial enough change that the Ordinance would need to be re -introduced. Witatconu County Page 2 Printed on 1011412020 Council Minutes - Final September 29, 2020 Council staff played a short video with instructions on how to speak at the meeting. Buchanan opened the public hearing, and hearing no one, closed the public hearing. Elenbaas moved and Donovan seconded that the Ordinance Requiring a Public Hearing 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 2020-045 2. AB2020-358 Resolution adopting the Six -Year Water Resources Improvement Program (WRIP) 2021-2026 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) Paula Harris, Public Works Department, briefed the Councilmembers and stated that this is a substitute version to fix a scrivener's error. Buchanan opened the public hearing, and hearing no one, closed the public hearing. Donovan moved and Frazey seconded that the SUBSTITUTE Resolution (FCZDBS) Requiring a Public Hearing be APPROVED. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 1 - Browne Enactment No: RES 2020-033 3. AB2020-360 Ordinance to amend Whatcom County Code 12.60.040, appointment and responsibilities of the Citizen Address and Road Name Appeals Committee Jim Karcher, Public Works Department, stated he did not have a staff report. Buchanan opened the public hearing, and hearing no one, closed the public hearing. Frazey moved and Donovan seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote: Whatcom County Page 3 Printed on 1011412020 Council Minutes - Final September 29, 2020 Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Enactment No: ORD 2020-046 4. AB2020-363 Resolution in the matter of the Whatcom County Six -Year Transportation Improvement Program (STIP) for the years of 2021 through 2026 Jim Karcher, Public Works Department, stated he had no report. Buchanan opened the public hearing, and hearing no one, closed the public hearing. Dana Brown -Davis, Clerk of the Council, answered a question about whether this item had a substitute version. Donovan moved that the Resolution Requiring a Public Hearing be approved. The motion was seconded by Frazey. Byrd stated he would like to amend the Six -Year Transportation Improvement Program to move up the assessment of the following three Lakeway Drive improvements: • R21 ("Lake Louise, Austin St to Lake Whatcom Blvd.") on Combined Packet page 671 • R27 ("Lakeway Drive/Terrace, City of B'ham to Cable St") on Combined Packet page 671 • R28 ("Lakeway Drive Corridor Improvements") on Combined Packet page 671 Jon Hutchings, Public Works Department Director, addressed the request and stated line item R28, as referenced above, is the one that would allow Public Works to begin work on evaluating the implications and alternatives for that corridor and trying to align them with the City of Bellingham. He - - -stated itwouldrequire -a-motion from the Council_ to_put _some _out -year funding (perhaps 2022 funding) under that line item and give Public Works the support they need to advance that work. He and Karcher discussed the request and the recommendation with the Councilmembers. Byrd moved to amend the Resolution to move line item R28 to 2021 with a Whateons County Page 4 Printer( on 1011412020 Council Minutes - Final September 29, 2020 proposed budget of $100,000 with the understanding that it would likely begin at the end of the year or more likely sometime in 2022. Hutchings suggested to split the budget between the two years to make it clear. Byrd withdrew his motion. Byrd moved to amend the Resolution to move the R28 project forward with a $50,000 budget in 2021 and a $50,000 budget in 2022 so that it may begin in 2021 or later. The motion was seconded by Elenbaas. Councilmembers, Satpal Sidhu, County Executive, Hutchings, and Karcher discussed the motion. Byrd amended his motion to replace the word "project" with the word "study" so that it reads: to amend the Resolution to move the R28 study forward with a $50,000 budget in 2021 and a $50,000 budget in 2022 so that it may begin in 2021 or later. Dana Brown -Davis, Clerk of the Council, stated it was ok for him to amend his motion at this point. Councilmembers and staff continued to discuss the motion to amend. Hutchings suggested they put a modest amount of money in 2021 so that the Public Works Department can direct some of their engineering resources and begin to develop a scope that they could then bring back to the Council to have a conversation about what that appropriate scope is. Have committee discussion in 2021 about what the appropriate scope and the goals are of the project. Figure out the scope before spending any money. Byrd restated his motion to amend the Resolution to have the item R28 study begin in 2021 or later with a $50,000 budget allocation in 2021 and a $50,000 budget allocation in 2022. The motion to amend carried by the following vote: Aye: 5 - Donovan, Elenbaas, Frazey, Kershner, and Byrd Nay: 1 - Browne Out of the Meeting: 1 - Buchanan Donovan's motion that the Resolution Requiring a Public Hearing be APPROVED AS AMENDED carried by the following vote: whatcom County Page 5 Printer! on 1011412020 Council Minutes - Final September 29, 2020 Aye: 6 - Browne, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Buchanan Enactment No: RES 2020-034 5. AB2020-366 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Bellingham for FY2020 Byrne Justice Assistance Grant Program Award, in the amount of $12,832.00 Browne (Buchanan temporarily out of the meeting) opened the public hearing and hearing no one, closed the public hearing. Frazey moved and Byrd seconded that the Agreement Requiring a Public Hearing be authorized. Tyler Schroeder, Executive's Office, answered a question about what the grant award is. Frazey's motion that the Agreement Requiring a Public Hearing be AUTHORIZED carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 OPEN SESSION (20 MINUTES) Council Office staff played a short video explaining how to speak in the meeting. Buchanan opened the Open Session and the following people spoke: • Miguel Perry spoke about the proposed Cherry Point amendments. • Lane McIlvoy spoke about the proposed Cherry Point amendments. • Tim Johnson spoke about the proposed Cherry Point amendments. • Trevor Smith spoke about the proposed Cherry Point amendments. • Valerie Rupp Hauer spoke about concerns with housing issues and rules about sitting on sidewalks. • Lance Calloway spoke about the proposed Cherry Point amendments. • Barney Smith spoke about the proposed Cherry Point amendments. Whatcom Coanty Page 6 Printed on 1011412020 Council Minutes - Final September 29, 2020 • Markis Dee Stidham spoke about homelessness and emergency shelter in the winter. • Melissa Gragg spoke about homelessness, emergency shelters, and not having misdemeanor charges during a pandemic. • Wendy Harris spoke about fire concerns, logging the forests, and updating wildlife inventory. • Heather Katandin spoke about winter shelters. Hearing no one else, Buchanan closed the open session. CONSENT AGENDA Clerk's note: Councilmember Byrd was out of the meeting so Council Chair Buchanan decided to skip the Consent Agenda and come back to it later. OTHER ITEMS (part 1) (From Council Public Works and Health Committee) 11. AB2020-415 Resolution approving the Birch Bay Water and Sewer District Comprehensive Water System Plan Update Frazey reported for the Public Works and Health Committee and moved that the Resolution be APPROVED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd Enactment No: RES 2020-035 12. AB2020-416 Resolution approving the Birch Bay Water and Sewer District Comprehensive Sewer System Plan Update Frazey reported for the Public Works and Health Committee and moved that the Resolution be APPROVED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd Enactment No: RES 2020-036 Whatcom County Page 7 Printed on 1011412020 Council Minutes - Final September 29, 2020 (From Council Criminal Justice and Public Safety Committee) 13. AB2020-406 Resolution supporting Whatcom County Sheriff Deputies, Corrections Deputies, and Law Enforcement Officials across the County in response to the increased attacks on law enforcement across the Country Buchanan reported for the Criminal Justice and Public Safety Committee. Donovan moved and Buchanan seconded that the substitute Resolution be approved. Satpal Sidhu, County Executive, stated that he did not get a copy of the substitute resolution and Dana Brown -Davis, Clerk of the Council, stated she would send it to him. Councilmembers commented on the effort to put the Substitute Resolution together. Donovan's motion that the SUBSTITUTE Resolution be APPROVED carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd Enactment No: RES 2020-037 After the vote, Elenbaas requested that Kershner read the Resolution into the record and so she did. 14. AB2020-418 Resolution stating support and appreciation of the Whatcom County Sheriffs Department, Whatcom County Sheriff Deputies, Whatcom County Corrections Deputies and support staff This agenda item was DISCUSSED. CONSENT AGENDA Byrd was still out of the meeting so Browne reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items 1-11 and 13-14. Councilmembers discussed and voted on those items (see votes on individual items below). They then voted on item number 12 (AB2020-405). Tyler Schroeder, Executive's Office, stated he just wanted to make sure that Whatcom Counly Page 8 Printed on 1011412020 Council Minutes - Final September 29, 2020 the Council was voting on the substitute version of AB2020-412 and an updated contract for AB2020-410. Browne also stated that the title of AB2020-402 was amended. (From Council Finance and Administrative Services Committee) 1. AB2020-375 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the U.S. Department of Justice for FY20 Coronavirus Emergency Supplemental Funding, in the amount of $43,145.00 Browne moved that the Agreement be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 Temp Absent: 1 - Byrd 2. AB2020-380 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and U.S. Department of Justice Drug Enforcement Administration for Cooperative State and Local Task Force Agreement FY2021, in the amount of $0 Browne moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 Temp Absent: 1 - Byrd 3. AB2020-381 Request authorization for the County Executive to enter into an Interlocal agreement between Whatcom County and U.S. Department of Justice Drug Enforcement Administration for Program -Funded State and Local Task Force Agreement FY2021, in the amount of $38,360.50 Browne moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 Whatcom County Poke 9 Printed on 1011412020 Council Minutes - Final September 29, 2020 Temp Absent: I - Byrd 4. AB2020-386 Request authorization for the County Executive to renew an interlocal agreement between Whatcom County and the Department of Corrections for the housing and care of Department of Corrections offenders in the Whatcom County Jail Browne moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 Temp Absent: 1 - Byrd 5. AB2020-395 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Whatcom Family & Community Network in the amount of $80,000 for a total amended contract amount of $145,000 Browne moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Nay: I - Elenbaas Absent: 0 Temp Absent: 1 - Byrd 6. AB2020-399 Request authorization for the County Executive to enter into a subrecipient agreement between Whatcom County and Meridian School District for costs associated with distance instruction and learning resulting from the COVID-19 emergency in an amount not to exceed $130,000 Browne moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 Temp Absent: 1 - Byrd 7. AB2020-400 Request authorization for the County Executive to enter into a contract between Whatcom County and Nooksack Valley School District for costs associated with distance instruction and learning resulting from the COVID-19 emergency in an amount not to exceed $130,000 Whatcom County Page 10 Printed on 1011412020 Council Minutes - Final September 29, 2020 Browne moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 Temp Absent: 1 - Byrd 8. AB2020-401 Requesting authorization for the County Executive to enter into a contract between Whatcom County and Mount Baker School District for costs associated with distance instruction and learning due to the COVID-19 emergency in an amount not to exceed $130,000 Browne moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 Temp Absent: 1 - Byrd 9. AB2020-402 Request authorization for the County Executive to enter into a contract between Whatcom County and Ferndale School District for costs associated with distance instruction and learning resulting from the COVID-19 emergency in an amount not to exceed $130,000 Title revised 9.29.2020 to change "COVID-10" to "COVID-19." Browne moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 Temp Absent: I - Byrd 10. AB2020-403 Request authorization for the County Executive to enter into a subrecipient agreement between Whatcom County and Blaine School District for costs associated with distance instruction and learning resulting from the COVID-19 emergency in an amount not to exceed $130,000 Browne moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote: Whatcom County Page 11 Printer! on 1011412020 Council Minutes - Final September 29, 2020 Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 Temp Absent: 1 - Byrd 11. AB2020-404 Request authorization for the County Executive to enter into a subrecipient agreement between Whatcom County and Lynden School District for costs associated with distance instruction and learning resulting from the COVID-19 emergency in an amount not to exceed $130,000 Browne moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 Temp Absent: 1 - Byrd 13. AB2020-410 Requests authorization for the County Executive to negotiate and enter into an agreement with PogoZone Internet Solutions for rural broadband access in an amount not to exceed $110,000 to provide access to distance learning for approximately 200 households Browne moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 Temp Absent: 1 - Byrd 14. AB2020-412 Request authorization for the County Executive to enter into a subrecipient agreement between Whatcom County and Bellingham Food Bank for costs associated with food insecurity resulting from the COVID-19 emergency in an amount not to exceed $400,000 Browne moved that the SUBSTITUTE Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 Wfatcoin County Page 12 Printed on 1011412020 Council Minutes - Final September 29, 2020 Temp Absent: 1 - Byrd 12. AB2020-405 Request authorization for the County Executive to enter a contract amendment between Whatcom County and Cascadia Law Group PLLC to expand the Scope of Work and increase the compensation by $25,000 to a total consideration not to exceed $69,000 Donovan moved and Browne seconded that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 4 - Browne, Buchanan, Donovan, and Frazey Nay: 2 - Elenbaas, and Kershner Absent: 0 Temp Absent: 1 - Byrd OTHER ITEMS (Part 2) (From Council Finance and Administrative Services Committee) 1. AB2020-383 Request Council Approval of the 2020-2021 Criminal Justice Treatment Account Plan Update Browne reported for the Finance and Administrative Services Committee and moved that the Agreement be AUTHORIZED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Temp Absent: I - Byrd 2. AB2020-357 Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Department of Ecology 2020-2021 Washington Conservation Corps Crew Agreement (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) Browne reported for the Finance and Administrative Services Committee and moved that the Contract (FCZDBS) be AUTHORIZED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Whatcom County Page 13 Printed on 1011412020 Council Minutes - Final September 29, 2020 Temp Absent: 1 - Byrd 3. AB2020-356 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Whatcom Conservation District to amend the 2019 Interlocal and Subrecipient Agreement for the Pollution Identification and Correction Program Non -Dairy Agricultural Technical Assistance in the amount of $223,932.00 for a total amended contract amount of $530,182.00 (Council acting as the Flood Control Zone District Board of Supervisors) Browne reported for the Finance and Administrative Services Committee and moved that the Contract (FCZDBS) be AUTHORIZED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd Clerk's note: Councilmember Browne skipped AB2020-417 and started reading A132020-368. Dana Brown -Davis, Clerk of the Council, asked that he go back to AB2020-417 so he did and then reported on AB2020-368 after that. 4. AB2020-417 Request authorization for the County Executive to enter into an Interlocal agreement amendment between Whatcom County and Washington State Department of Health to provide funding for the delivery of various public health programs and services in the amount of $5,962,796 for a total amended contract amount of $10,890,796 Donovan reported for the Finance and Administrative Services Committee and Browne moved that the Interlocal be authorized. Elenbaas stated he would like to vote on items individually. Browne's motion that the Interlocal be AUTHORIZED carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 Temp Absent: 1 - Byrd 5. AB2020-368 Ordinance amending the 2020 Whatcom County Budget, request no. 17, in the amount of $871,548 whntcom County Page 14 Printed on 1011412020 Council Minutes - Final September 29, 2020 Browne reported for the Finance and Administrative Services Committee and moved that the Ordinance be adopted. Elenbaas stated he mixed this item up with AB2020-417 and would have voted yes for AB2020-417. Dana Brown -Davis, Clerk of the Council stated they would have to reconsider the item in order for him to change how he voted so Elenbaas decided not to go back and reconsider AB2020-417. Kershner moved to amend the Ordinance to remove item number one: [$50,000] To fund Cascadia Law - Potential Fossil Fuel Litigation. The motion was seconded by Elenbaas. The motion to amend failed by the following vote: Aye: 2 - Kershner and Elenbaas Nay: 4 - Buchanan, Donovan, Frazey, and Browne Out of the Meeting: 1 - Byrd Elenbaas moved to amend the Ordinance to separate all six of the items and vote on them individually. The motion was seconded by Kershner. The motion to amend failed by the following vote: Aye: 2 - Elenbaas and Kershner Nay: 4 - Donovan, Frazey, Browne, and Buchanan Out of the Meeting: 1 -Byrd Browne's motion that the Ordinance be ADOPTED carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 Temp Absent: 1 - Byrd Enactment No: ORD 2020-047 Satpal Sidhu, County Executive, and Councilmembers discussed why budget supplemental items are not voted on separately. 6. AB2020-371 Ordinance amending Whatcom County Code 2.09, Public Defender, to reflect current standards of practice outlined under RCW 10.101.030 and the ethical standards relating to conflicts of interest outlined by Washington court rules of professional conduct whatcon= County Page 15 Printed on 1011412020 Council Minutes - Final September 29, 2020 Browne reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd Enactment No: ORD 2020-048 7. AB2020-377 Ordinance amending the 2020 Whatcom County Budget, request no. 18, in the amount of $220,000 Browne reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 Temp Absent: 1 - Byrd Enactment No: ORD 2020-049 8. AB2020-396 Request authorization for the County Executive to enter into this Memorandum of Agreement between Whatcom County and PeaceHealth St. Joseph Medical Center and Opportunity Council and Unity Care NW to initiate a capital campaign for the construction of the "The Way Station" at the County owned building at 1500 State St. in Bellingham, that will provide services to people who are homeless and living either in shelters or who are unsheltered Browne read the title of the item and Donovan reported for the Finance and Administrative Services Committee and moved that the Memorandum of Agreement be authorized. Councilmembers discussed what building is at 1500 State Street and discussed the motion. Kershner stated she would like to have a presentation on this item. Tyler Schroeder, Executive's Office, answered questions about whether the request on this item would just start the conversation but is not asking for money yet, whether the City of Bellingham has weighed in on this, and the Whatcom County Page 16 Printed on 1011412020 Council Minutes - Final September 29, 2020 cost of moving the morgue. He and Councilmembers discussed the item. Donovan's motion that the Memorandum of Agreement be AUTHORIZED carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Nay: I - Elenbaas Absent: 0 Temp Absent: 1 - Byrd 9. AB2020-388 Resolution accepting the 2015 Comprehensive Economic Development Strategy (CEDS) Projet List update Browne 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, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Temp Absent: I - Byrd Enactment No: RES 2020-038 10. AB2020-392 Amendment 2 to Resolution 2019-061 for unrepresented Whatcom County employees Browne reported for the Finance and Administrative Services Committee and mover[ that the Resolution be approved. Kershner stated she would like to look at using funding to get the County's workforce back to work. Tyler Schroeder, Executive's Office, answered whether vacation time could be paid out as opposed to carrying it over to next year and whether time above and beyond the limits listed would be lost. Clerk's note: Byrd returned to the meeting. Councilmembers continued to discuss the item. Browne's motion that the Resolution be APPROVED carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Whatcom Coanty poke 17 Printer! on 1011412020 Council Minutes - Final September 29, 2020 Nay: 0 Absent: 0 Enactment No: RES 2020-039 (From Council Planning and Development Committee) 15. AB2020-397 Resolution approving recommendation on one application for Open Space Current Use Assessment Elenbaas reported for the Planning and Development 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 Absent: 0 Enactment No: RES 2020-040 Elenbaas also reported on the committee's discussion about A132020-414. COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 1. AB2020-340 Appointment to the Drayton Harbor Shellfish Protection District Advisory Committee, Applicant(s): Patricia Erin Lulu Donovan moved to nominate the applicant. The motion was seconded by Byrd. Elenbaas asked if the applicant was available to speak but she was not. Donovan's motion that Patricia Erin Lulu be APPOINTED carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 2. AB2020-362 Appointment to the Climate Impact Advisory Committee, Applicant(s): Stevan Harrel, Sue Gunn, Hunter Hassig Donovan moved to nominate all applicants. The motion was seconded by Frazey. Councilmembers discussed what positions are open and whether applicants have to be a citizen to serve on the board. One applicant (Gunn) did not Whatcom Counly page 18 Printed on 1011412020 Council Minutes - Final September 29, 2020 indicate on the application that she was a citizen. Buchanan moved to hold the item in Council for two weeks in order to reach out to applicant Gunn to get more information about her not having the citizenship box checked. Dana Brown -Davis, Clerk of the Council, asked about the box on the application that they are referring to and that the applicant answered yes that she is registered to vote in Whatcom County. Buchanan withdrew his motion. Councilmembers discussed whether to hold in Council. Donovan withdrew his motion to nominate all applicants. Councilmembers concurred that he Appointment be held in Council. This agenda item was HELD IN COUNCIL. 3. AB2020-384 Request Council Approval For A Criminal Justice Treatment Account Panel Appointment Byrd moved approval on the item and Donovan seconded but Councilmembers discussed what motion was needed. Dana Brown -Davis, Clerk of the Council, pointed out in the paperwork and clarified what is being requested for this item. Kershner moved that Carolyn Mason be appointed as the substance use disorder treatment agency. The motion was seconded by Frazey. Byrd withdrew his motion. Kershner's motion that Carolyn Mason be APPOINTED as the substance use disorder treatment agency carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 INTRODUCTION ITEMS Donovan moved to introduce items one through five. The motion was seconded by Byrd (see votes on individual items below). Whatcom County Page 19 Printed on 1011412020 Council Minutes - Final September 29, 2020 Browne pointed out item one and stated it has caused a lot of controversy around the country. 1. AB2020-409 Ordinance increasing community oversight and transparency to establish fair contract negotiations Donovan moved and Byrd seconded 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 2. AB2020-390 Ordinance regarding installation of a stop sign on Homesteader Road Donovan moved and Byrd seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Enactment No: ORD 2020-050 3. AB2020-391 Ordinance to Establish Speed Limits on Marine Drive Donovan moved and Byrd seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Enactment No: ORD 2020-051 4. AB2020-393 Ordinance amending Whatcom County Code 16.30 Lake Whatcom Stormwater Utility Service Area Donovan moved and Byrd seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Whatcom County Page 20 Printed on 10/14/2020 Council Minutes - Final September 29, 2020 Absent: 0 Enactment No: ORD 2020-052 5. AB2020-407 Appointment to the Birch Bay Watershed and Aquatic Resources Management Advisory Committee (BBWARM), Applicant(s): Theresa Coe, Michael Allan (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) Donovan moved and Byrd seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ADJOURN Councilmembers gave committee reports and updates on recent activities and upcoming events. The meeting adjourned at 10:18 p.m. The County Council approved these minutes on October 13, 2020. ATTEST: V G (� Darin"Brown-Dav ourii il=;ClerkV �j�1Y1�IC'/1 Kristi Felbinge'i,'N4ihdtds'Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA �p 1 Ba JBchanan, Council Chair Whatcom County Page 21 Printed on 1011412020