HomeMy WebLinkAboutCouncil Mar 9 2021Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Minutes - Final
VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT
www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010); AGENDA
REVISED 3.9.2021
Tuesday, March 9, 2021
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 March 9, 2021
COUNTY COUNCIL
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 6:01 p.m. in a
virtual meeting.
ROLL CALL
Present: 6 - Rud Browne, Barry Buchanan, Todd Donovan, Ben Elenbaas, Carol Frazey,
and Kathy Kershner
Absent: I - Tyler Byrd
FLAG SALUTE
ANNOUNCEMENTS
COUNTY EXECUTIVE'S REPORT
Satpal Sidhu, County Executive, read a report recognizing the one-year
anniversary tomorrow of the first COVID-19 case in Whatcom County and
the county's response to the pandemic.
MINUTES CONSENT
Donovan moved to accept the minutes consent items. The motion was
seconded by Browne (see votes on individual items below).
1. MIN2021-014 Water Work Session for February 16, 2021
Donovan moved and Browne seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 1 - Byrd
2. MIN2021-018 Special Council - Joint meeting with the City of Bellingham for January 11, 2021
Donovan moved and Browne seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 1 - Byrd
3. MIN2021-019 Special Council for February 16, 2021
Wkatcom County Page 1 Printed on 312412021
Council Minutes - Final March 9, 2021
Donovan moved and Browne seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 1 - Byrd
4. MIN2021-020 Committee of the Whole Executive Session for February 23, 2021
Donovan moved and Browne seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 1 - Byrd
5. M IN2021-021 Committee of the Whole for February 23, 2021
Donovan moved and Browne seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 1 - Byrd
6. MIN2021-022 Regular County Council for February 23, 2021
Donovan moved and Browne seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 1 - Byrd
PUBLIC HEARINGS
1. AB2021-1 15 Ordinance regarding temporary installation of stop signs on Marshall Hill Road
Jim Karcher, Public Works Department, stated he was available for
questions.
Council staff played a short instructional video about how people can speak
at the meeting.
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Whatcom County Page 2 Printed on 312412021
Council Minutes - Final March 9, 2021
Hearing.
Clerk's note: Wendy Harris briefly spoke to state she did not sign up to
speak on this item but would probably speak at open session.
Donovan moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be ADOPTED. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 1 - Byrd
Enactment No: ORD 2021-009
OPEN SESSION (20 MINUTES)
The following people spoke:
• Rainbow Medicine Walker
• Wendy Harris
• Michael Lilliquist
• Joshua Rutherford
• Todd Baker
• Misty Flowers
• Louis Burrell
• Melissa Gregg/Wisener
• Mark Ambler
• Eliza Steele
• Markis Dee Stidham
• Rosemary VanBeek
• Doug (Yoshe) Revelle
• Lindy McDonough
• Natalie Chavez
• Susan Windnagel
Hearing no one else, Buchanan closed the Open Session.
OTHER ITEMS
(From Council Finance and Administrative Services Committee)
Browne reported for the Finance and Administrative Services Committee
and acknowledged the work of the Finance team and county staff who
contributed to the County being in a good financial position.
Whatcom County Page 3 Printed on 312412021
Council Minutes - Final March 9, 2021
Brad Bennett, Administrative Services Department, stated the Finance and
other department staff rose to the challenge during the COVID-19
pandemic crisis.
Browne also acknowledged the contribution and leadership of Executive
Sidhu and Deputy Executive Tyler Schroeder.
Satpal Sidhu, County Executive, responded to Browne's comments.
1. AB2021-131 Request authorization for the County Executive to enter into a memorandum of
understanding between Whatcom County and the Port of Bellingham for use of the
Fairhaven All Hazards Alert Broadcast warning siren in the amount of $0.00
Browne reported for the Finance and Administrative Services Committee and
moved that the Memorandum of Agreement be AUTHORIZED. The motion
carried by the following vote:
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 1 - Byrd
2. AB2021-136 Resolution supporting the formation of a Tourism Promotion Area (TPA) by
agreement between Whatcom County and the City of Bellingham
Browne reported for the Finance and Administrative Services Committee and
moved that the Resolution be APPROVED. The motion carried by the
following vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: I - Elenbaas
Absent: 1 - Byrd
Enactment No: RES 2021-008
3. AB2021-137 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Bellingham for the joint establishment of a
Tourism Promotion Area
Browne reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED. The motion carried by the
following vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Whatcom: County Page 4 Punted on 312412021
Council Minutes - Final March 9, 2021
Absent: 1 - Byrd
4. AB2021-138 Request authorization for the County Executive to enter into a contract for laboratory
services between Whatcom County Flood Control Zone District and Exact Scientific
Services in an amount not to exceed $90,000 (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, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 1 - Byrd
5. AB2021-139 Request authorization for the County Executive to enter into Cooperation Agreement
between US Army Corps of Engineers and Flood Control Zone District for the
Lynden Levee Rehabilitation (NSK-03-18) under an 80/20 cost share with FCZDBS
providing $210,600 (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, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 1 - Byrd
6. AB2021-142 Request authorization for the County Executive to enter into a Local Agency
Agreement & Project Prospectus between Whatcom County and Washington State
Department of Transportation for South Pass Road 2020 Flood Damage Repairs, in
the amount of $72,000.00
Browne reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED. The motion carried by the
following vote:
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 1 - Byrd
(From Council Public Works and Health Committee)
Whatcom County Page 5 Printed on 312412021
Council Minutes - Final March 9, 2021
7. AB2021-141 Resolution granting a quit claim deed/partial release of easement rights to the City of
Bellingham
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, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 1 - Byrd
Enactment No: RES 2021-009
EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND
COMMITTEES
1. AB2021-140 Request confirmation of the County Executive's appointments of Ashley Thomasson,
Deanna Wildermuth and Dean Fearing to the Housing Advisory Committee
Donovan moved and Frazey seconded that the Executive Appointment be
CONFIRMED.
Councilmembers asked if any of the appointees were present but they were
not.
Donovan's motion that the Executive Appointment be CONFIRMED carried
by the following vote:
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 1 - Byrd
2. AB2021-143 Request confirmation of the County Executive's appointment of Alan Friedlob to the
North Sound Behavioral Health Administrative Services Organization
Frazey moved and Donovan seconded that the Executive Appointment be
CONFIRMED.
Councilmembers asked if the appointee was present but he was not.
Frazey's motion that the Executive Appointment be CONFIRMED carried by
the following vote:
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 1 - Byrd
3. AB2021-144 Request confirmation of the County Executive's appointment of Jennifer Lautenbach
Whatcom County Page 6 Printed on 312412021
Council Minutes - Final March 9, 2021
to the Northwest Senior Services Board
Donovan moved and Frazey seconded that the Executive Appointment be
CONFIRMED.
Councilmembers asked if the appointee was present but she was not. They
discussed the appointment.
Donovan's motion that the Executive Appointment be CONFIRMED carried
by the following vote:
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 1 - Byrd
ITEMS ADDED BY REVISION
1. AB2021-164 Ordinance imposing an additional sales and use tax of one -tenth of one percent for
housing and related services as authorized by RCW 82.14.530 adding a new chapter
3.47 to the Whatcom County Code
Donovan moved and Buchanan seconded that the Ordinance Requiring a
Public Hearing be INTRODUCED FOR PUBLIC HEARING.
Councilmembers discussed the motion and whether it should be on a ballot.
Donovan's motion that the Ordinance Requiring a Public Hearing be
INTRODUCED FOR PUBLIC HEARING carried by the following vote:
Aye: 4 - Browne, Buchanan, Donovan, and Frazey
Nay: 1 - Elenbaas
Absent: I - Byrd
Abstain: 1 - Kershner
Enactment No: ORD 2021-013
INTRODUCTION ITEMS
Frazey requested that they consider Introduction item two separately.
Frazey moved and Donovan seconded to consider Introduction item two
separately.
Councilmembers discussed whether a motion was needed.
Frazey withdrew her motion.
Whatcom County Page 7 Printed on 312412021
Council Minutes - Final March 9, 2021
Donovan moved to Introduce agenda items 1, 3, 4, 5 and 6. The motion was
seconded by Frazey. Councilmembers voted (see motion and votes on
individual items below)
1. AB2021-145 Ordinance amending the project budget for Academy Road Stormwater
Improvements Fund, request no. 2
Donovan moved and Frazey seconded that the Ordinance be INTRODUCED.
The motion carried by the following vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 1 - Byrd
Enactment No: ORD 2021-014
2. AB2021-148 Ordinance amending Whatcom County Code 3.08 Purchasing System to include
nondiscrimination by county contractors
This item was voted on separately. See motion and vote below.
Enactment No: ORD 2021-016
3. AB2021-134 Ordinance amending Whatcom County Code Section 1.14, Electoral Precincts, for
changes in certain voting precinct boundaries in Whatcom County
Donovan moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried
by the following vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 1 - Byrd
Enactment No: ORD 2021-010
4. AB2021-135 Ordinance regarding temporary installation of stop signs on Noon Road at Ten Mile
Road and East Hemmi Road at Noon Road
Donovan moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried
by the following vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 1 - Byrd
Wkatcom County Page 8 Printed on 312412021
Council Minutes - Final March 9, 2021
Enactment No: ORD 2021-011
5. AB2021-146 Ordinance amending the 2021 Whatcom County Budget, request no. 4, in the amount
of $3,397,903
Donovan moved and Frazey seconded that the Ordinance be INTRODUCED.
The motion carried by the following vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 1 - Byrd
Enactment No: ORD 2021-015
6. AB2021-147 Ordinance establishing a fare capital surcharge for the Lummi Island Ferry System
Donovan moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried
by the following vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 1 - Byrd
Enactment No: ORD 2021-012
2. AB2021-148 Ordinance amending Whatcom County Code 3.08 Purchasing System to include
nondiscrimination by county contractors
Frazey moved to amend Exhibit A Chapter 3.08.125 Section A, Subsection
1 (line 28) as follows:
28 the Contractor shall take affirmative action to inewe ensure that
applicants are
The motion was seconded by Kershner.
Councilmembers discussed the motion.
The motion to amend carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Kershner and Browne
Nay: 0
Absent: 1 - Byrd
Donovan moved and Elenbaas seconded that the SUBSTITUTE Ordinance be
INTRODUCED AS AMENDED. The motion carried by the following vote:
Wkatcont County Page 9 Printed on 312412021
Council Minutes - Final March 9, 2021
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 1 - Byrd
Enactment No: ORD 2021-016
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
I_\ INT111H'Nol
Councilmembers gave committee reports and updates on recent activities
and upcoming events.
They discussed the Planning Commission request to adopt an emergency
moratorium on the acceptance of applications for outdoor cannabis growing
and processing operations (AB2021-149).
The meeting adjourned at 7:39 p.m.
The County Council approved these minutes on March 23, 2021.
c °yT 49i`id `r $P?jt..
ATTES 1`a
illf GB
4 b
1
Dana Browny' S, Cb't ncil Clerk
Kristi Felbinger, Minutes Transcripfon
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
Barry u anan, Council Chair
NOtatcom County Page 10 Printed on 312412021