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HomeMy WebLinkAboutCouncil Jan 12 2021Whatcom County Council COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Minutes - Final VIRTUAL MEETING - VIEW ONLINE Tuesday, January 12, 2021 6PM Virtual Meeting COUNCILMEMBERS Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Flenbaas Carol Frazey Kathy Kershner CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. Council Minutes - Final January 12, 2021 COUNTY COUNCIL Clerk's note: Councilmembers and staff realized while starting the Public Hearing item that the Legislative Informatioi Center recording was not functioning correctly so they paused the meeting then resumed after the technical issues had been resolved. After reconvening the meeting, Council Chair Buchanan went back to items for which Council action was taken and the Council considered and voted on those items again. This included two motions from Committee of the Whole Executive Session and the Minutes Consent items. They did not repeat the Executive's Report but that report can be heard in the original audio recording which can be accessed as a link in the Meeting Details on the Legislative Information Center. 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, Carol Frazey, Ben Elenbaas, Kathy Kershner, and Todd Donovan Absent: None Councilmembers observed a moment of silence for the loss of life at the nation's Capital. FLAG SALUTE COUNTY EXECUTIVE'S REPORT Satpal Sidhu, County Executive, read a statement in response to the recent events at the United States Capital building in Washington D.C. and then a statement about 2020 County financial highlights and reports. ANNOUNCEMENTS (FROM COMMITTEE OF THE WHOLE EXECUTIVE SESSION) Buchanan reported on the reorganization of the Council in the Special Council meeting earlier. He then reported on the discussion from Committee of the Whole Executive Session. Donovan read and made the following motion: The County Council met in executive session concerning the lawsuit El-Tahel v. Whatcom County, et al., US District Court for the Western District of Washington No. 2:20-cv-0830. Pursuant to Whatcom County Code 2.56, the Council hereby finds the following: A. Adam Miller was not acting in a matter in which the county had an interest; B. Adam Miller was not acting in the discharge of a duty imposed or Whatcom County Page I Printed on 211112021 Council Minutes - Final January 12, 2021 authorized by law; C. Adam Miller did not act in good faith. The Council has reviewed the facts of this case in detail. The Council finds that Adam Miller's actions were not taken in matter in which the County had an interest, nor was he actioning in the discharge of a duty imposed or authorized by law. Adam Miller acted in bad faith, and outside of the scope of his employment with Whatcom County. Adam Miller will not be defended and indemnified pursuant to and consistent with the provisions in WCC Chapter 2.56. The motion was seconded by Frazey. The motion carried 7-0 (This vote was taken again after reconvening the meeting). Browne read and made the following motion: The County Council met in executive session concerning the lawsuit El-Tahel v. Whatcom County, et al., US District Court for the Western District of Washington No. 2:20-cv-0830. Pursuant to Whatcom County Code 2.56, the Council hereby finds the following: A. Bill Elfo was acting in a matter in which the county had an interest; B. Bill Elfo was acting in the discharge of a duty imposed or authorized by law; C. Bill Elfo acted in good faith. The Council has reviewed the facts of this case in detail. As the elected official responsible for hiring, supervision and management of Sheriff's Deputies Bill Elfo was named as defendant in the aforementioned lawsuit. The Council finds that Bill Elfo acted in earnest in regard to this matter, and the Sheriff's Office diligently pursued the investigation of this matter at all times. Bill Elfo took every action possible to further the investigation of Adam Miller's conduct in regard to this matter. As facts were discovered by the Sheriff's Office Bill Elfo took every appropriate action available under the law. Including but not limited to: internal investigation, referral of the investigation to outside police authorities, support of criminal action against Adam Miller, and termination of Adam Miller from the employment of the Whatcom County Sheriff's Office. Bill Elfo will be defended and indemnified pursuant to and consistent with the provisions in WCC Chapter 2.56. The motion was seconded by Donovan. Wlratconz County Page 2 Printer! on 211112021 Council Minutes - Final January 12, 2021 The motion carried 7-0 (This vote was taken again after reconvening the meeting). MINUTES CONSENT Donovan moved to accept the minutes consent items. The motion was seconded by Frazey. The motion carried 7-0* (This vote was taken again after reconvening the meeting). *The motions and votes are not noted on the individual files in this section. They are noted on the files after the meeting was paused and then reconvened below. 1. MIN2020-118 Committee of the Whole for November 24, 2020 2. MIN2020-119 Regular County Council for November 24, 2020 3. M IN2020-120 Health Board for December 1, 2020 4. MIN2020-121 Committee of the Whole for December 8, 2020 5. MIN2020-122 Regular County Council for December 8, 2020 6. MIN2021-001 Special Council - Governor's Point for December 17, 2020 PUBLIC HEARINGS 1. AB2020-553 Ordinance granting City of Lynden a non-exclusive franchise for an industrial condensate pipeline Catherine Moore, Attorney for the City of Lynden, briefed the Councilmembers and answered questions. Byrd moved to postpone this item until technical issues can be resolved. Dana Brown -Davis, Clerk of the Council, suggested that they take a break to see if it can be resolved. Karen Frakes, Prosecuting Attorney's Office, agreed that they needed to break. Councilmembers concurred. Clerk's note: It was at this point, before a public hearing was held and before any vote on the Public Hearing item, that the meeting was paused. The items below reflect the discussion that took place once the technical issues were resolved. MEETING RECONVENED AFTER A PAUSE Whatcom County Page 3 Printed on 217112021 Council Minutes - Final January 12, 2021 Buchanan reconvened the meeting. ANNOUNCEMENTS (FROM COMMITTEE OF THE WHOLE EXECUTIVE SESSION) *The motions and votes were done again after the meeting was paused and then reconvened (see below). Donovan read and made the following motion: The County Council met in executive session concerning the lawsuit El-Tahel v. Whatcom County, et al., US District Court for the Western District of Washington No. 2:20-cv-0830. Pursuant to Whatcom County Code 2.56, the Council hereby finds the following: A. Adam Miller was not acting in a matter in which the county had an interest; B. Adam Miller was not acting in the discharge of a duty imposed or authorized by law; C. Adam Miller did not act in good faith. The Council has reviewed the facts of this case in detail. The Council finds that Adam Miller's actions were not taken in matter in which the County had an interest, nor was he actioning in the discharge of a duty imposed or authorized by law. Adam Miller acted in bad faith, and outside of the scope of his employment with Whatcom County. Adam Miller will not be defended and indemnified pursuant to and consistent with the provisions in WCC Chapter 2.56. The motion was seconded by Frazey. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Browne read and made the following motion: The County Council met in executive session concerning the lawsuit El-Tahel v. Whatcom County, et al., US District Court for the Western District of Washington No. 2:20-cv-0830. Pursuant to Whatcom County Code 2.56, the Council hereby finds the following: A. Bill Elfo was acting in a matter in which the county had an interest; B. Bill Elfo was acting in the discharge of a duty imposed or authorized by law; C. Bill Elfo acted in good faith. Whatcom County Page 4 Printed on 211112021 Council Minutes - Final January 12, 2021 The Council has reviewed the facts of this case in detail. As the elected official responsible for hiring, supervision and management of Sheriff's Deputies Bill Elfo was named as defendant in the aforementioned lawsuit. The Council finds that Bill Elfo acted in earnest in regard to this matter, and the Sheriff's Office diligently pursued the investigation of this matter at all times. Bill Elfo took every action possible to further the investigation of Adam Miller's conduct in regard to this matter. As facts were discovered by the Sheriff's Office Bill Elfo took every appropriate action available under the law. Including but not limited to: internal investigation, referral of the investigation to outside police authorities, support of criminal action against Adam Miller, and termination of Adam Miller from the employment of the Whatcom County Sheriff's Office. Bill Elfo will be defended and indemnified pursuant to and consistent with the provisions in WCC Chapter 2.56. The motion was seconded by Donovan. The motion carried by the following vote: Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Kershner, and Browne Nay: 0 MINUTES CONSENT Donovan moved to accept the minutes consent items. The motion was seconded by Frazey (see votes on individual items below). 1. MIN2020-118 Committee of the Whole for November 24, 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, Frazey, Elenbaas, Kershner, and Donovan Nay: 0 Absent: 0 2. MIN2020-1 19 Regular County Council for November 24, 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, Frazey, Elenbaas, Kershner, and Donovan Nay: 0 Absent: 0 3. MIN2020-120 Health Board for December 1, 2020 Hlialcorn County Page 5 Printed on 211112021 Council Minutes - Final January 12, 2021 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, Frazey, Elenbaas, Kershner, and Donovan Nay: 0 Absent: 0 4. MIN2020-121 Committee of the Whole for December 8, 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, Frazey, Elenbaas, Kershner, and Donovan Nay: 0 Absent: 0 5. MIN2020-122 Regular County Council for December 8, 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, Frazey, Elenbaas, Kershner, and Donovan Nay: 0 Absent: 0 6. MIN2021-001 Special Council - Governor's Point for December 17, 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, Frazey, Elenbaas, Kershner, and Donovan Nay: 0 Absent: 0 PUBLIC HEARINGS 1. AB2020-553 Ordinance granting City of Lynden a non-exclusive franchise for an industrial condensate pipeline Catherine Moore, Attorney for the City of Lynden, briefed the Councilmembers and she and Andrew Hester, Public Works Department, answered questions. Council staff played a short video on how to join the meeting to speak. Whatcon: County Page 6 Printed on 211112021 Council Minutes - Final January 12, 2021 Buchanan opened the Public Hearing and the following person spoke: • Wendy Harris Hearing no one else, Buchanan closed the Public Hearing. Donovan moved that the item be referred to committee. The motion was seconded by Frazey. Councilmembers discussed the item with Moore and the additional following people: • Satpal Sidhu, County Executive • Mark Sandal, City of Lynden The motion to refer failed by the following vote: Aye: 3 - Donovan, Frazey, and Buchanan Nay: 4 - Elenbaas, Kershner, Browne, and Byrd Elenbaas moved and Browne seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Abstain: 1 - Donovan Enactment No: ORD 2021-001 OPEN SESSION (20 MINUTES) Council staff played a short video about how to join the meeting to speak. The following people spoke: • Doug Gustafson • Melissa Wisener • Markis Dee Stidham • Tom O'Breien • Mary Stidham • Wendy Harris • Heather Katandin • Ashley Butenschoen Whatcom County Page 7 Printed on 211112021 Council Minutes - Final January 12, 2021 Hearing no one else, Buchanan closed the Open Session. CONSENT AGENDA (From Council Finance and Administrative Services Committee) Byrd reported on the Finance and Administrative Services Committee and moved that item numbers 1, 10, 17, and 19 be excluded from the consent vote and that item numbers 2-9, 11-16, 18, and 20-26 be approved by consent (see motions and votes on individual items below). Motions and votes on the excluded items follow the bulk of the approved consent items. 1. AB2020-591 Request authorization for the County Executive to enter into a contract between Whatcom County and Chuckanut Health Foundation to provide funding for the Health Department's mobile syringe services program, in the amount of $20,000 See motion and vote on item below. 2. AB2020-592 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Compass Health to provide behavioral health services for adult inmates and juveniles involved in the court system in the amount of $572,717 for a total amended contract amount of $2,439,780 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Frazey, Kershner, and Donovan Nay: 1 - Elenbaas Absent: 0 3. AB2020-593 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to provide housing case management services in the amount of $271,615 for a total amended contract amount of $1,865,647 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Frazey, Kershner, and Donovan Nay: 1 - Elenbaas Absent: 0 4. AB2020-595 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lydia Place to provide housing case management services in the amount of $159,267 for a total amended contract amount of $897,067 Whatcont County Page 8 Printed on 211112021 Council Minutes - Final January 12, 2021 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Frazey, Kershner, and Donovan Nay: 1 - Elenbaas Absent: 0 5. AB2020-596 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Catholic Community Services to provide housing case management services in the amount of $157,567 for a total amended contract amount of $1,207,157 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Frazey, Kershner, and Donovan Nay: 1 - Elenbaas Absent: 0 6. AB2020-597 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Youth Services to provide housing case management services in the amount of $134,371 for a total amended contract amount of $958,340 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Frazey, Kershner, and Donovan Nay: 1 - Elenbaas Absent: 0 7. AB2020-600 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Birch Bay Chamber of Commerce for the purposes of tourism marketing and operations, 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, Byrd, Frazey, Kershner, and Donovan Nay: 1 - Elenbaas Absent: 0 8. AB2020-601 Request authorization for the County Executive to enter into a contract between Whatcom County and Mount Baker Foothills Chamber of Commerce for tourism Whatcom County Page 9 Printed on 211112021 Council Minutes - Final January 12, 2021 marketing and operations, 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, Byrd, Frazey, Kershner, and Donovan Nay: 1 - Elenbaas Absent: 0 9. AB2021-001 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Youth Services to provide reimbursement for COVID-19 related operations and prevention expenditures in the amount of $58,025 for a total amended contract amount of $111,816 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Frazey, Kershner, and Donovan Nay: 1 - Elenbaas Absent: 0 10. AB2021-002 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lara Welker Consulting to provide coordination and facilitation to the COVID-19 Community Healthcare Coalition in the amount of $25,000 for a total amended contract amount of $50,000 See motion and vote on item below. 11. AB2021-003 Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Military Department to sustain and enhance Sheriff's Office Division of Emegency Management programs, in the amount of $74,150 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Frazey, Kershner, and Donovan Nay: 1 - Elenbaas Absent: 0 12. AB2021-004 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Sun Community Services for operation and maintenance of Sun House, in the amount of $340,395 for a total amended contract amount of $911,665 Miatcom County Page 10 Printed on 211112021 Council Minutes - Final January 12, 2021 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Frazey, Kershner, and Donovan Nay: 1 - Elenbaas Absent: 0 13. AB2021-006 Request authorization for the County Executive to enter into a building lease agreement between Whatcom County and Washington State Department of Natural Resources (DNR will pay $991.50 in rent and an additional $240 for janitorial services provided by the county), for a total amount of $1,231.50 paid by DNR per month Byrd moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Frazey, Kershner, and Donovan Nay: 1 - Elenbaas Absent: 0 14. AB2021-009 Request authorization for the County Executive to enter into an agreement with the University of Washington for access and installation of seismic monitoring equipment at South Fork Park Byrd moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Frazey, Kershner, and Donovan Nay: I - Elenbaas Absent: 0 15. AB2021-010 Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and Whatcom County Fire District 7 to provide COVID-19 testing in an estimated amount of $188,858 for a total estimated amended contract amount of $314,763 Byrd moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Frazey, Kershner, and Donovan Nay: 1 - Elenbaas Absent: 0 16. AB2021-01 1 Request authorization for the County Executive to enter into a contract between Whatcom County Page 11 Printed on 211112021 Council Minutes - Final January 12, 2021 Whatcom County and Washington State Military Department to obtain two All Hazard Alert Broadcast (AHAB) sirens, in the amount of $0 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Frazey, Kershner, and Donovan Nay: 1 - Elenbaas Absent: 0 17. AB2021-014 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Pacific Security to provide security services at the COVID-19 Temporary Housing Facility in the amount of $43,547 for a total amended contract amount of $199,547 See motion and vote on item below. 18. AB2021-015 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Service Master Cleaning to provide cleaning services at the COVID-19 Temporary Housing Facility in the amount of $16,667 for a total amended contract amount of $166,667 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Frazey, Kershner, and Donovan Nay: 1 - Elenbaas Absent: 0 19. AB2021-016 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lighthouse Mission Ministries to provide oversight and assistance at the COVID-19 Temporary Housing Facility in the amount of $25,771 for a total amended contract amount of $373,214 See motion and vote on item below. 20. AB2021-017 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and SeaMar Community Health Centers to provide oversight and assistance at the COVID-19 Temporary Housing Facility in the amount of $23,865 for a total amended contract amount of $262,516 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Frazey, Kershner, and Donovan Whatcont County page 12 Printed on 211112021 Council Minutes - Final January 12, 2021 Nay: 1 - Elenbaas Absent: 0 21. AB2021-020 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Workforce Council to provide reimbursement of wages and benefits for eligible temporary employees working in various COVID-related positions, in the estimated amount of $14,000 for a total estimated contract amount of $126,000 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Frazey, Kershner, and Donovan Nay: 1 - Elenbaas Absent: 0 22. AB2021-021 Request authorization for the County Executive to enter into a contract between Whatcom County and Domestic Violence & Sexual Assault Services to support the Bellingham Whatcom County Commission Against Domestic Violence, in the amount of $120,000 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Frazey, Kershner, and Donovan Nay: 1 - Elenbaas Absent: 0 23. AB2021-022 Request authorization for the County Executive to enter into a contract between Whatcom County and Bellingham Food Bank for the procurement, warehousing and distribution of food and other essentials to low and very low income families in the amount of $276,000 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Frazey, Kershner, and Donovan Nay: 1 - Elenbaas Absent: 0 24. AB2021-023 Request authorization for the County Executive to enter into a contract between Whatcom County and the Northwest Regional Council in support of the Meals on Wheels program for two years in the amount of $120,000 Whatcont County Page 13 Printed on 211112021 Council Minutes - Final January 12, 2021 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Frazey, Kershner, and Donovan Nay: 1 - Elenbaas Absent: 0 25. AB2021-024 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Brent Eyre, ASA for the purposes of legal counsel and consultation for property assessment appeals in the amount of $20,000 not to exceed a total of $55,000 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Frazey, Kershner, and Donovan Nay: 1 - Elenbaas Absent: 0 26. AB2021-025 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Mark J. Maxwell to continue with the provision of legal representation for an additional amount of $20,000 in a total amount not to exceed $45,000 Byrd moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Frazey, Kershner, and Donovan Nay: 1 - Elenbaas Absent: 0 1. AB2020-591 Request authorization for the County Executive to enter into a contract between Whatcom County and Chuckanut Health Foundation to provide funding for the Health Department's mobile syringe services program, in the amount of $20,000 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be authorized by consent. Councilmembers discussed the motion and the program including it being a cost savings to the County, whether it is just a band -aid and not treating the root of the issue, the program being a gateway to connecting people to other available services, whether it is enabling as opposed to solving a problem, and being a harm -reduction program to keep people from using dirty needles and thus saving money in the long run. Whatcom County Page 14 Printed on 21112021 Council Minutes - Final January 12, 2021 Byrd's motion that the Contract be AUTHORIZED BY CONSENT carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Frazey, Elenbaas, Kershner, and Donovan Nay: 0 Absent: 0 10. AB2021-002 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lara Welker Consulting to provide coordination and facilitation to the COVID-19 Community Healthcare Coalition in the amount of $25,000 for a total amended contract amount of $50,000 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be authorized by consent. Councilmembers discussed the motion and the following staff answered questions: • Tyler Schroeder, Executive's Office Byrd's motion that the Contract be AUTHORIZED BY CONSENT carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Frazey, Elenbaas, Kershner, and Donovan Nay: 0 Absent: 0 17. AB2021-0 l 4 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Pacific Security to provide security services at the COVID-19 Temporary Housing Facility in the amount of $43,547 for a total amended contract amount of $199,547 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be authorized by consent. Councilmembers discussed the motion, the purpose of the security services, and why security is needed. The following people answered questions: • Tyler Schroeder, Executive's Office • Satpal Sidhu, County Executive • Karen Frakes, Prosecuting Attorney's Office Browne moved to call the question and then withdrew his motion so they Wkatcont County Page 15 Printed on 211112021 Council Minutes - Final could just vote on the item. January 12, 2021 Byrd's motion that the Contract be AUTHORIZED BY CONSENT carried by the following vote: Aye: 6 - Browne, Buchanan, Frazey, Elenbaas, Kershner, and Donovan Nay: 1 - Byrd Absent: 0 19. AB2021-016 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lighthouse Mission Ministries to provide oversight and assistance at the COVID-19 Temporary Housing Facility in the amount of $25,771 for a total amended contract amount of $373,214 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be authorized by consent. Councilmembers discussed the motion and the following people answered questions about whether this funding is needed for the Lighthouse Mission to do the job, whether there would be another vendor to provide the service, and whether the county could move to the next phase for COVID-19 without the contract: • Tyler Schroeder, Executive's Office Byrd's motion that the Contract be AUTHORIZED BY CONSENT carried by the following vote: Aye: 6 - Browne, Buchanan, Frazey, Elenbaas, Kershner, and Donovan Nay: 1 - Byrd Absent: 0 OTHER ITEMS (From Council Finance and Administrative Services Committee) 1. AB2020-598 Resolution reflecting the diversity of the County's population by improving written accessibility 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, Frazey, Kershner, and Donovan Nay: 0 Khatcom County Page 16 Printed on 211112021 Council Minutes - Final January 12, 2021 Absent: 0 Abstain: 1 - Elenbaas Enactment No: RES 2021-001 2. AB2020-599 Request authorization for the County Executive to enter into a contract between Whatcom County and Bellingham Whatcom County Tourism for tourism marketing and operations in the amount of $290,000 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Frazey, Elenbaas, Kershner, and Donovan Nay: 0 Absent: 0 3. AB2021-008 Resolution requesting authorization to make an application and enter into a grant agreement with the Washington State Recreation and Conservation Office for development of Lake Whatcom Park trails Byrd reported for the Finance and Administrative Services Committee and moved that the Resolution be approved. Councilmembers discussed the motion and what they are authorizing in the Resolution. Byrd's motion that the Resolution be APPROVED carried by the following vote: Aye: 6 - Browne, Buchanan, Frazey, Elenbaas, Kershner, and Donovan Nay: 1 - Byrd Absent: 0 Enactment No: RES 2021-002 (From Council Criminal Justice and Public Safety Committee) 4. AB2021-013 Resolution adopting Whatcom County policy on indigent defense per RCW 10.101.030 and WCC 2.09 Buchanan reported for the Criminal Justice and Safety Committee and moved that the Resolution be APPROVED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Frazey, Elenbaas, Kershner, and Donovan Whatcom County Page 17 Printed on 211112021 Council Minutes - Final January 12, 2021 Nay: 0 Absent: 0 Enactment No: RES 2021-003 Councilmembers discussed the plan for how trails will be used in AB2021-008, providing a level of service for all users of the trails, and whether the actual trail plan will come back to the Council in the future. (No Committee Assignment) 5. AB2021-026 Appointment of four members to serve on the 2021 Whatcom County Districting Committee (two from each major political party: Whatcom County Republican Party nominees are Charlie Crabtree and Jeremiah Ramsey; Whatcom County Democratic Party nominees are Michael Estes and Stephen Jackson) Donovan moved and Browne seconded that the nominees be appointed. Councilmembers discussed the motion, that a fifth person (a districting master) will be appointed by the other four, and that the composition of the committee can be changed by changes to the Whatcom County Charter. Donovan's motion that the Council Appointment be APPOINTED carried by the following vote: Aye: 6 - Browne, Buchanan, Frazey, Elenbaas, Kershner, and Donovan Nay: 1 - Byrd Absent: 0 6. AB2021-027 Approval of Water Work Session and Health Board meeting dates for 2021 Browne moved and Frazey seconded that the Request for Motion be APPROVED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Frazey, Elenbaas, Kershner, and Donovan Nay: 0 Absent: 0 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES Councilmembers discussed whether they would entertain late applicants. Jill Nixon, Council Office staff, answered questions. Browne moved to accept all late applicants. The motion was seconded by Elenbaas. Wltatcom County Page 18 Printed on 211112021 Council Minutes - Final January 12, 2021 Councilmembers discussed the motion and Dana Brown -Davis, Clerk of the Council, spoke about the deadline for the applications. The motion carried by the following vote: Aye: 6 - Donovan, Elenbaas, Frazey, Kershner, Browne, and Buchanan Nay: 1 - Byrd 1. AB2021-030 Council appointment to fill vacancy on the Board of Equalization - Applicant(s): Sonja Merk and Peter Visser Browne moved to nominate both applicants. The motion was seconded by Frazey. Councilmembers discussed the motion. Merk was appointed by the following vote: Merk: 6 - Donovan, Frazey, Kershner, Browne, Buchanan, and Byrd Visser: 1 - Elenbaas Appointed Sonja Merk 2. AB2021-031 Council appointment to fill vacancies on the Business & Commerce Advisory Committee - Applicant(s): Brad Rader Buchanan read the purpose of the Committee. Kershner moved to appoint Brad Rader to the Agriculture position by acclamation. The motion was seconded by Elenbaas. Councilmembers discussed the motion and Jill Nixon, Council Office staff, answered questions. Elenbaas moved to amend the motion to appoint Rader to the Food Processing position instead of the Agriculture position. The motion was seconded by Browne. The motion carried by the following vote: Aye: 6 - Elenbaas, Frazey, Kershner, Browne, Buchanan, and Byrd Nay: 0 Abstain: 1 - Donovan Byrd moved to appoint Gail Buce to the Agriculture position. The motion was seconded by Frazey. The motion carried by the following vote: Whatcom County Page 19 Printed on 211112021 Council Minutes - Final January 12, 2021 Aye: 5 - Frazey, Kershner, Browne, Buchanan, and Byrd Nay: 1 - Elenbaas Abstain: 1 - Donovan Byrd moved to move Gail Buce to the manufacturing position. The motion was seconded by Frazey. Councilmembers discussed the motion. The motion carried by the following vote: Aye: 7 - Frazey, Kershner, Browne, Buchanan, Byrd, Donovan, and Elenbaas Nay: 0 Frazey moved to appoint Clark Campbell to the Recreation position by acclamation. The motion was seconded by Buchanan. The motion carried by the following vote: Aye: 6 - Kershner, Browne, Buchanan, Byrd, Elenbaas, and Frazey Nay: 0 Abstain: 1 - Donovan Byrd moved to appoint Troy Muljat to the Other for Profit Position. The motion was seconded by Browne. Frazey moved to appoint Candace Leonard. Councilmembers discussed how the motions should be made. Buchanan moved to amend the motion to nominate all three applicants. The motion was seconded by Donovan. Councilmembers discussed how to proceed with the motions on the table and the following people spoke about the language of the Whatcom County Code concerning appointing applicants: • Dana Brown -Davis, Clerk of the Council • Jill Nixon, Council Office Staff • Karen Frakes, Prosecuting Attorney's Office Frakes stated she recommends they follow the code and nominate before they appoint. Byrd stated that his motion to appoint Troy Muljat stands. Wkatcom County Page 20 Printed on 211112021 Council Minutes - Final January 12, 2021 Councilmembers discussed the motion. Browne withdrew his second for Byrd's motion. Nixon answered how many vacancies there are. Frazey moved to nominate Candice Leonard. The motion was seconded by Donovan. Browne moved to nominate Troy Muljat. The motion was seconded by Buchanan. Muljat was appointed by the following vote: Muljat: 5 - Browne, Buchanan, Byrd, Elenbaas, and Kershner Leonard: 2 - Donovan and Frazey Appointed: Food Processing: Brad Rader Manufacturing: Gail Buce Recreation: Clark Campbell Other for Profit: 'Troy Muljat 3. AB2021-032 Council appointment to fill vacancies on the Climate Impact Advisory Committee - Applicant(s): Ellen Murphy, Katherine Kissinger, Licia Sahagun, Tracy Petroske, William Bethel, Eddy Ury, Imran Sheikh, Amanda Monthei, Fletcher Wilkinson, Ginny Broadhurst Buchanan read the purpose of the Committee. Browne moved to nominate all the applicants. The motion was seconded by Frazey. The following applicants addressed the Councilmembers and answered questions: • Katherine Kissinger • William Bethel Kissinger, Murphy, Ury, Bethel, Sheikh, and Broadhurst were appointed by the following vote: • Ellyn Murphy: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner • Katherine Kissinger: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner • Tracy Petroske: 2 - Frazey and Kershner Whatcom County Page 21 Printed on 211112021 Council Minutes - Final January 12, 2021 • William Bethel: 5 - Buchanan, Byrd, Elenbaas, Frazey, and Kershner • Eddy Ury: 6 - Browne, Buchanan, Byrd, Donovan, Elenbaas, and Kershner • Imran Sheikh: 4 - Browne, Buchanan, Donovan, and Frazey • Ginny Broadhurst: 4 - Browne, Buchanan, Donovan, and Frazey • Ray Kamada: 3 - Browne, Donovan, and Kershner Licia Sahagun, Amanda Monthei, Fletcher Wilkinson, Hunter Hassig, and Irena Lambrou did not receive votes. Appointed Katherine Kissinger, Ellyn Murphy, Eddy Ury, William Bethel, Imran Sheikh, and Ginny Broadhurst 4. AB2021-033 Council appointment to fill vacancies on the Flood Control Zone District Advisory Committee - Applicant(s): Jesse Clawson and Ron Bronsema (Council Acting as the Flood Control Zone District Board of Supervisors) Special Districts Browne moved to appoint both applicants (Ron Bronsema and Jeff DeJong) by acclamation. The motion was seconded by Donovan. The motion carried by the following vote: Aye: 7 - Byrd, Donovan, Elenbaas, Frazey, Kershner, Browne, and Buchanan Nay: 0 Impacted Cities Frazey moved to nominate all three applicants (Jesse Clawson, John Perry, and Kyle Christensen). The motion was seconded by Browne. Perry and Christensen were appointed by the following vote: Clawson: 1 - Frazey Perry: 6 - Elenbaas, Kershner, Browne, Buchanan, Byrd, and Donovan Christensen: 7 - Elenbaas, Frazey, Kershner, Browne, Buchanan, Byrd, and Donovan Appointed: Special Districts: Ron Bronsema and Jeff Dejong Impacted Cities: John Perry and Kyle Christensen 7. AB2021-037 Council appointment to fill vacancies on the Planning Commission - Applicant(s): Kimberley Lund, Atul Deshmane, Stephen Jackson, and Candice Leonard Buchanan started to discuss AB2021-037 then they realized that he had skipped two agenda items. He went to those items and returned to this item below. Wkateont County Page 22 Printed on 211112021 Council Minutes - Final January 12, 2021 5. 6. 7. AB2021-034 Council appointment to fill vacancies on the Horticulture Pest and Disease Board - Applicant(s): Troy Kortus and John Grubb Donovan moved and Buchanan seconded that both applicants be APPOINTED by acclamation. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Frazey, Elenbaas, Kershner, and Donovan Nay: 0 Absent: 0 AB2021-036 Council appointment to fill vacancies on the Lummi Island Ferry Advisory Committee - Applicant(s): Jim Dickinson, Steven Lurenz, and Mike McKenzie Frazey moved to nominate all three applicants. The motion was seconded by Elenbaas. Dickinson and McKenzie were appointed by the following vote: Dickinson: 5 - Kershner, Browne, Buchanan, Byrd, and Elenbaas Lurenz: 3 - Frazey, Buchanan, and Donovan McKenzie: 6 - Frazey, Kershner, Browne, Byrd, Donovan, and Elenbaas Appointed Jim Dickinson and Mike McKenzie AB2021-037 Council appointment to fill vacancies on the Planning Commission - Applicant(s): Kimberley Lund, Atul Deshmane, Stephen Jackson, and Candice Leonard Donovan moved to appoint Lund and Jackson to District 1 and District 4 respectively by acclamation. The motion was seconded by Frazey. Byrd stated that Donovan can not be the maker of the motion since he is from District 2. Buchanan moved to appoint Lund and Jackson to District 1 and District 4 respectively by acclamation. The motion was seconded by Frazey. The motion carried by the following vote: Aye: 6 - Kershner, Browne, Buchanan, Byrd, Donovan, and Frazey Nay: 0 Abstain: 1 - Elenbaas Byrd moved to nominate Candice Leonard for District 3. The motion was seconded by Donovan. Browne nominated Atul Deshmane but could not do so because of the district he is in. Wkatcom County Page 23 Printed on 211112021 Council Minutes - Final January 12, 2021 Buchanan moved to nominate Atul Deshmane for District 3. The motion was seconded by Frazey. Councilmembers discussed an email sent to Councilmembers by Candice Leonard and whether she is ineligible for the position because of a possible declaration of candidacy. Jill Nixon, Council Staff, read language from the Whatcom County Code and the Revised Code of Washington regarding the issue. Deshmane was appointed for District 3 by the following vote: Deshmane: 4 - Browne, Buchanan, Donovan, and Frazey Leonard: 3 - Byrd, Elenbaas, and Kershner Appointed Atul Deshmane 8. AB2021-040 Council appointment to fill vacancies on the Portage Bay Shellfish Protection District Advisory Committee - Applicant(s): Dorie Belisle Frazey moved and Donovan seconded that the applicants be APPOINTED by acclamation. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Frazey, Elenbaas, Kershner, and Donovan Nay: 0 Absent: 0 9. AB2021-043 Council appointment to fill vacancies on the Solid Waste Advisory Committee - Applicant(s): Brandi Hutton Frazey moved and Donovan seconded that the applicant be APPOINTED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Frazey, Elenbaas, Kershner, and Donovan Nay: 0 Absent: 0 10. AB2021-044 Council appointment to fill vacancy on the Sumas/Everson/Nooksack Flood Subzone Advisory Committee - Applicant(s): Aaron Kurashige (Council Acting as the Flood Control Zone District Board of Supervisors) Donovan moved and Frazey seconded that the applicant be APPOINTED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Frazey, Elenbaas, Kershner, and Donovan Whatcont County Page 24 Printed on 211112021 Council Minutes - Final January 12, 2021 Nay: 0 Absent: 0 11. AB2021-045 Council appointment to fill vacancy on the Birch Bay Watershed and Aquatic Resource Management District (BBWARM) Advisory Committee - Applicant(s): Robert Shanabarger (Council Acting as the Flood Control Zone District Board of Supervisors) Donovan moved and Buchanan seconded that the applicant be appointed. Councilmembers discussed the motion. Donovan's motion that the Council Appointment be APPOINTED carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Frazey, Elenbaas, Kershner, and Donovan Nay: 0 Absent: 0 12. AB2021-046 Council appointment to fill vacancy on the Acme/VanZandt Flood Subzone Advisory Committee - Applicant(s): Candice Leonard (Council Acting as the Flood Control Zone District Board of Supervisors) Browne moved and Frazey seconded that the applicant be APPOINTED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Frazey, Elenbaas, Kershner, and Donovan Nay: 0 Absent: 0 ITEMS ADDED BY REVISION There were no agenda items added by revision. INTRODUCTION ITEMS 1. AB2021-018 Ordinance amending the 2021 Whatcom County Budget, request no. 2, in the amount of $5,839,516 Donovan moved and Browne seconded that the Ordinance be introduced. Councilmembers discussed the motion. Donovan's motion that the Ordinance be INTRODUCED carried by the following vote: Aye: 5 - Browne, Buchanan, Frazey, Kershner, and Donovan Whatcom County Page 25 Printed on 211112021 Council Minutes - Final January 12, 2021 Nay: 2 - Byrd, and Elenbaas Absent: 0 Enactment No: ORD 2021-002 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES Aftl"ITRN Councilmembers gave committee reports and updates on recent activities and upcoming events. Cathy Halka, Council Legislative Analyst, read into the record the statistics provided by the Health Department today about the chances of COVID-19 exposure in various sizes of gatherings. The meeting adjourned at 11:12 p.m. The County Council approved these minutes on February 9, 2021. ATTESTP���3:�rEi1�, a, y4 w,w Darin Brown,Qavis',,Council Clerk Kristi Felbinger, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA Council Chair Wlaatcont County Page 26 Primed on 211112021