HomeMy WebLinkAboutCouncil Mar 23 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 3.22.2021 & 3.23.2021
Tuesday, March 23, 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 23, 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: 7 - Rud Browne, Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas,
Carol Frazey, and Kathy Kershner
Absent: None
FLAG SALUTE
ANNOUNCEMENTS
COUNTY EXECUTIVE'S REPORT
Satpal Sidhu, County Executive, reported on the affordable housing
initiative.
MINUTES CONSENT
Donovan moved to accept the minutes consent items. The motion was
seconded by Byrd (see votes on individual items below).
1. MIN2021-023 Committee of the Whole Executive Session for March 9, 2021
Donovan moved and Byrd seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
2. MIN2021-024 Committee of the Whole for March 9, 2021
Donovan moved and Byrd seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
3. MIN2021-025 Regular County Council for March 9, 2021
Donovan moved and Byrd seconded that the Minutes Consent be
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APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
4. MIN2021-026 Water Work Session for March 16, 2021
Donovan moved and Byrd seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
PUBLIC HEARINGS
Council staff played a short instructional video about how to speak at the
meeting.
1. AB2021-134 Ordinance amending Whatcom County Code Section 1.14, Electoral Precincts, for
changes in certain voting precinct boundaries in Whatcom County
Diana Bradrick, County Auditor, briefed the Councilmembers and answered
questions.
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Hearing.
Donovan moved and Byrd seconded that the Ordinance Requiring a Public
Hearing be ADOPTED. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2021-010
2. AB2021-135 Ordinance regarding temporary installation of stop signs on Noon Road at Ten Mile
Road and East Hemmi Road at Noon Road
Jim Karcher, Public Works Department, briefed the Councilmembers.
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Hearing.
Donovan moved and Byrd seconded that the Ordinance Requiring a Public
Hearing be ADOPTED. The motion carried by the following vote:
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Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 202 1 -011
3. AB2021-147 Ordinance establishing a fare capital surcharge for the Lummi Island Ferry System
The following people briefed the Councilmembers:
• Roland Middleton, Public Works Department
• Rhayma Blake, Lummi Island Ferry Advisory Committee
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Hearing.
Donovan moved and Kershner seconded that the Ordinance Requiring a
Public Hearing be ADOPTED.
Middleton answered questions about what fares the charge will apply to,
whether there is an end to the surcharge, how much money it will raise per
year and how many of the island's residents fall into the low income or
disabled or student population.
Councilmembers discussed the item.
Donovan's motion that the Ordinance Requiring a Public Hearing be
ADOPTED carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2021-012
4. 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
Satpal Sidhu, County Executive, stated he was available to answer questions.
Buchanan opened the Public Hearing and the following people spoke:
• Joy Gilfilen
• Markis Dee Stidham
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• Brien Thane
• Paul Schissler
• Ken Domorod
Hearing no one else, Buchanan closed the Public Hearing.
Donovan moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be ADOPTED.
Councilmembers discussed the motion.
Satpal Sidhu, County Executive, provided information about what the money
can be used for and addressed earlier comments.
Donovan's motion that the Ordinance Requiring a Public Hearing be
ADOPTED carried by the following vote:
Aye: 4 - Browne, Buchanan, Donovan, and Frazey
Nay: 3 - Byrd, Elenbaas, and Kershner
Absent: 0
Enactment No: ORD 2021-013
OPEN SESSION (20 MINUTES)
Council staff played a short instructional video about how people can speak
at the meeting.
The following people spoke:
• Sharon Bassam
• Louis Burrell
• Joy Gilfilen
• Rainbow Medicine Walker
• Markis Dee Stidham
• Doug (Yoshe) Revelle
• Eliza Steele
• Heather Katandin
• Holly Koon
• Allison Calder
• Krista Rome
• Todd Baker
• Natalie Chavez
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• Misty Flowers
• Susan Windnagel
• Melissa Gregg/Wisener
• Gwen Garrett
Hearing no one else, Buchanan closed the Open Session.
CONSENT AGENDA
(From Council Finance and Administrative Services Committee)
March 23, 2021
Browne reported for the Finance and Administrative Services Committee
and moved to approve Consent Agenda items one, three, four, five, six, and
seven (item two was withdrawn from the agenda).
Byrd requested that they pull out item number three and vote on it
separately.
Browne withdrew his motion and moved to approve Consent Agenda items
one, four, five, six, and seven.
Councilmembers voted on those items (see votes on individual items
below).
1. AB2021-127 Resolution to set hearing and notice of hearing on sale of county tax title property
Browne moved that the Resolution be APPROVED. The motion carried by
the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: RES 2021-010
2. AB2021-129 Resolution to set hearing and notice of hearing on sale of county tax title property
This agenda item was WITHDRAWN.
3. AB2021-157 Request authorization for the County Executive to enter into an interlocal amendment
between Whatcom County and Fire Protection District #7 to extend the agreement
through December 31, 2022 in the amount of $296,995
This item was considered separately. See motion and vote below.
4. AB2021-159 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Patrol to lease tower access at the
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WSP Sumas Mountain Communications Site for a period of 10 years in the amount of
$15,304.28
Browne moved that the Interlocal be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
5. AB2021-162 Request authorization for the County Executive to enter into a lease agreement
between Whatcom County and Lookout Mountain Holdings to lease tower access at
the Lookout Mountain North Tower Site for four years and seven months for a total
amount of $51,332.73
Browne moved that the Agreement be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
6. AB2021-170 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and SeaMar Community Health Centers to provide
funding for an additional GRACE Program Case Manager in the amount of $92,875
for a total amended contract amount of $1,712,583
Browne moved that the Contract be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
7. AB2021-183 Request authorization for the County Executive to enter into a lease agreement
between Whatcom County and Mt Constitution Sites, Inc to lease tower access at the
Mt Constitution site for the period of five years in the amount of $111,000
Browne moved that the Agreement be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
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3. AB2021-157 Request authorization for the County Executive to enter into an interlocal amendment
between Whatcom County and Fire Protection District #7 to extend the agreement
through December 31, 2022 in the amount of $296,995
Browne reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED BY CONSENT.
Councilmembers discussed the motion.
Browne's motion that the Interlocal be AUTHORIZED BY CONSENT
carried by the following vote:
Aye: 5 - Browne, Buchanan, Donovan, Elenbaas, and Frazey
Nay: 2 - Byrd, and Kershner
Absent: 0
OTHER ITEMS
(From Council Finance and Administrative Services Committee)
1. AB2020-1 10 Request authorization for the County Executive to enter into a contract between
Whatcom County and Freedom 2000, LLC dba Cando Recycling and Disposal to
lease the Johnson Road Transfer Station Facility in Point Roberts, in the amount of
$750 per month
Browne reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED.
Councilmembers discussed the motion.
Browne's motion that the Contract be AUTHORIZED carried by the following
vote:
Aye: 4 - Browne, Buchanan, Donovan, and Frazey
Nay: 3 - Byrd, Elenbaas, and Kershner
Absent: 0
2. AB2021-145 Ordinance amending the project budget for Academy Road Stormwater
Improvements Fund, request no. 2
Browne reported for the Finance and Administrative Services Committee and
moved that the Ordinance be ADOPTED. The motion carried by the following
vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
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Absent: 0
Enactment No: ORD 2021-014
3. AB2021-146 Ordinance amending the 2021 Whatcom County Budget, request no. 4, in the amount
of $3,397,903
Browne reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED.
Councilmembers discussed the motion.
Browne's motion that the Ordinance be ADOPTED carried by the following
vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
Enactment No: ORD 2021-015
4. AB2021-155 Request authorization for the County Executive to enter into a Lease Agreement
between Whatcom County Flood Control Zone District and Brian Mellema for the
annual amount of $3,537.53 (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: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
5. AB2021-172 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Bellingham for coordinated administration
of the GRACE Program, in the amount of $280,000
Browne reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED. The motion carried by the
following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
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6. AB2021-178 Resolution to seek funding for the Lummi Island Ferry Modernization and
Preservation project, including the BUILD grant program
Browne reported for the Finance and Administrative Services Committee and
moved that the Resolution be APPROVED. The motion carried by the
following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: RES 2021-011
(No Committee Assignment)
7. AB2021-165 Request Council approval of the proposed charter for the SWISS (Snohomish,
Whatcom, Island, Skagit, and San Juan Counties) group
Dana Brown -Davis, Clerk of the Council, briefed the Councilmembers.
Councilmembers discussed the request and whether they would like to
move forward with being a part of the SWISS (Snohomish, Whatcom,
Island, Skagit, and San Juan Counties) group.
Satpal Sidhu, County Executive, spoke about it from the perspective of the
Administration.
Browne moved that they approve the proposed charter. The motion was
seconded by Donovan.
Councilmembers discussed the motion and whether this is just a vote to
approve the proposed charter and not whether they will be part of the group.
Browne's motion that the Request be APPROVED carried by the following
vote:
Aye: 4 - Browne, Buchanan, Donovan, and Frazey
Nay: 2 - Elenbaas, and Kershner
Absent: 0
Abstain: 1 - Byrd
8. AB2021-148 Ordinance amending Whatcom County Code 3.08 Purchasing System to include
nondiscrimination by county contractors
Browne moved and Byrd seconded that the Ordinance be ADOPTED. The
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motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2021-016
EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND
COMMITTEES
1. AB2021-167 Request confirmation of the County Executive's reappointment of Megen Porter and
new appointment of Dana Weber to the Developmental Disabilities Advisory Board
Donovan moved and Frazey seconded that the Executive Appointment be
CONFIRMED. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
2. AB2021-175 Request confirmation of the County Executive's appointment of Nadine Kaaland to
the Public Defense Advisory Committee
Frazey moved and Donovan seconded that the Executive Appointment be
CONFIRMED. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
3. AB2021-176 Request confirmation of the County Executive's appointment of Kathryn Ketteridge
to the Marine Resources Committee
Donovan moved and Frazey seconded that the Executive Appointment be
CONFIRMED. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
4. AB2021-177 Request confirmation of the County Executive's appointments of Nichole Oleson and
Austin Hengy to the Food System Committee
Kershner moved and Browne seconded that the Executive Appointment be
CONFIRMED. The motion carried by the following vote:
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Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
ITEMS ADDED BY REVISION
1. AB2021-190 Ordinance imposing an interim moratorium on the acceptance and processing of
applications and permits for new or expanded outdoor recreational cannabis growing
and/or processing facilities
Byrd moved and Donovan seconded that the Ordinance be INTRODUCED
FOR PUBLIC HEARING.
Byrd moved to amend the ordinance to remove the outdoor reference so it
refers both to indoor and outdoor.
Karen Frakes, Prosecuting Attorney's Office, stated this ordinance was
tailored specifically to outdoor operations and described the process for
how such an amendment could be proposed.
Councilmembers discussed how to proceed.
Byrd withdrew his motion to amend.
Councilmembers continued to discuss the motion to introduce the
ordinance.
Byrd's motion that the Ordinance be INTRODUCED FOR PUBLIC
HEARING carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
Enactment No: ORD 2021-018
2. AB2021-209 Resolution regarding permanent affordability of childcare in Whatcom County
Donovan moved and Byrd seconded that the Resolution be INTRODUCED.
Councilmembers and Satpal Sidhu, County Executive, discussed the motion.
Buchanan suggested a friendly amendment that the item be scheduled for
more discussion in Committee of the Whole on April 6, 2021.
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Donovan accepted the friendly amendment.
Donovan's motion that the Resolution be INTRODUCED carried by the
following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
INTRODUCTION ITEMS
Buchanan stated that item one has a substitute version and item 5 was
withdrawn from the agenda.
1.
2.
3.
Byrd moved to introduce items one through four, six and seven. The motion
was seconded Donovan (see votes on individual items below).
Councilmembers discussed AB2021-184 and the use of the word "parent."
AB2021-173 Ordinance amending the 2021 Whatcom County Budget, request no. 5, in the amount
of $1,220,565
Byrd moved and Donovan seconded that the SUBSTITUTE Ordinance be
INTRODUCED. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2021-019
AB2021-171 Ordinance granting Trans Mountain Pipeline (Puget Sound) LLC, a non-exclusive
franchise for pipeline facilities
Byrd moved and Donovan 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, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
AB2021-184 Ordinance amending Whatcom County Code 9.08.020 Unlawful Exposure to include
an exception for breastfeeding
Byrd moved and Donovan seconded that the Ordinance Requiring a Public
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Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried
by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2021-017
4. AB2021-128 Resolution to sell county tax title property by public auction
Byrd moved and Donovan seconded that the Resolution Requiring a Public
Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried
by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: RES 2021-012
5. AB2021-130 Resolution to sell county tax title property by public auction
This agenda item was WITHDRAWN.
6. AB2021-168 Resolution declaring the Whatcom County Flood Control Zone District intention to
lease property on Emmerson Road (Council Acting as the Flood Control Zone
District Board of Supervisors)
Byrd moved and Donovan seconded that the Resolution (FCZDBS) Requiring
a Public Hear ing be 111T T RODUr.ED F Ol\ I BL1lr. HEA R11\TG. T he lllotloll
carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: RES 2021-013
7. AB2021-169 Resolution declaring the Whatcom County Flood Control Zone District intention to
lease property on Dahlberg Road (Council Acting as the Flood Control Zone District
Board of Supervisors)
Byrd moved and Donovan seconded that the Resolution (FCZDBS) Requiring
a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion
carried by the following vote:
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Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: RES 2021-014
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Buchanan reported for Committee of the Whole Executive Session.
Donovan moved and Frazey seconded the following motion from
Committee of the Whole Executive Session regarding AB2021-174
Discussion of pending litigation with Civil Deputy Prosecutor Brandon
Waldron re: Tojek v. Whatcom County, et al.; Whatcom County Superior
Court case no. 21-2-00117-37 [Discussion of this item may take place in
executive session (closed to the public) pursuant to RCW 42.30.110(1)(i)]:
The County Council met in executive session concerning the lawsuit Tojek
v. Whatcom County, et al., Whatcom County Superior Court No.
21-2-00117-37. Pursuant to Whatcom County Code 2.56, the Council
hereby finds the following:
A. George Roche was acting in a matter in which the county had an interest;
B. The George Roche was acting in the discharge of a duty imposed or
authorized by law;
C. George Roche acted in good faith. Employee George Roche will be
defended and indemnified pursuant to and consistent with the provisions in
WCC Chapter 2.56.
The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Kershner and Browne
Nay: 0
Councilmembers reported on the other committees.
Buchanan reported for Committee of the Whole and moved to approve the
Council sending a letter if needed to State legislators on funding of the
Crisis Stabilization Center and establishing the Center as a State pilot
program for diversion. The motion was seconded by Byrd.
The motion carried by the following vote:
Aye: 7 - Byrd, Donovan, Elenbaas, Frazey, Kershner, Browne, Buchanan
Nay: 0
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ADJOURN
The meeting adjourned at 10:04 p.m.
The County Council approved these minutes on April 6, 2021.
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Daria�rowri-Tis; Qouncil Clerk
Kristi Felbinger, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
Bay uchanan, Council Chair
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