HomeMy WebLinkAboutCouncil Apr 20 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 4.19.2021 & 4.20.2021
Tuesday, April 20, 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 April 20, 2021
COUNTY COUNCIL
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 6:02 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 following:
• National volunteer week
• Administrative professional's appreciation day acknowledgements
• COVID-19 vaccination progress in Whatcom County and doses
available this weekend at the Community Vaccination Clinic
• The George Floyd trial verdict and the formation of a Racial Equity
Commission
• The State budget and how it can help bolster the Whatcom County
economy for the next couple years
1VlI1rUTES %-"I•3rlNI
Donovan moved to accept the minutes consent items. The motion was
seconded by Byrd (see votes on individual items below).
1. MIN2021-030 Health Board for March 30, 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. MIN2021-031 Committee of the Whole Executive Session for April 6, 2021
Donovan moved and Byrd seconded that the Minutes Consent be
Whatcom County Page 1 Printed on 51512021
Council Minutes - Final April 20, 2021
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. MIN2021-032 Committee of the Whole for April 6, 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
4. MIN2021-033 Regular County Council for April 6, 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
1. AB2021-171 Ordinance granting Trans Mountain Pipeline (Puget Sound) LLC, a non-exclusive
franchise for pipeline facilities
Council staff played a short instructional video about how to speak at the
meeting.
Andrew Hester, Public Works Department, briefed the Councilmembers.
Buchanan opened the Public Hearing and the following person spoke:
Phil Sharpe
Hearing no one else, Buchanan closed the Public Hearing.
Byrd moved and Elenbaas seconded that the SUBSTITUTE Ordinance
Requiring a Public Hearing be ADOPTED.
Councilmembers discussed the motion and why this item was not discussed
in a Committee with the following people:
Whatcom County Page 2 Printed on 51512021
Council Minutes - Final April 20, 2021
• Dana Brown -Davis, Clerk of the Council
• Christopher Quinn, Prosecuting Attorney's Office
Councilmembers discussed the motion and the process for considering this
and other franchise agreements.
Brown -Davis stated that this is a substitute ordinance and Quinn briefed the
Councilmembers on the substitute.
Byrd's motion that the SUBSTITUTE Ordinance Requiring a Public Hearing
be ADOPTED carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Abstain: 1 - Donovan
Enactment No: ORD 2021-020
2. AB2021-193 Ordinance establishing a speed limit on Northshore Road
Doug Ranney, Public Works Department, briefed the Councilmembers.
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Hearing.
Byrd moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be ADOPTED.
Councilmembers discussed the item with staff.
Byrd'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 2021-021
3. AB2021-195 Ordinance establishing a speed limit on several roads in the Wiser Lake Area
Doug Ranney, Public Works Department, briefed the Councilmembers.
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Whatcom County Page 3 Printer! on 51512021
Council Minutes - Final April 20, 2021
Hearing.
Byrd moved and Kershner 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 2021-022
4. AB2021-230 Ordinance imposing an interim moratorium on the acceptance and processing of
permit applications for new or expanded recreational cannabis growing and/or
processing facilities which are proposed to operate outdoors or in greenhouses
Mark Personius, Planning and Development Services Department Director,
briefed the Councilmembers.
Buchanan opened the Public Hearing and the following people spoke:
• Rainbow Medicine Walker
• Mark Ambler
• Holly Koon
• Carson Warner
Hearing no one else, Buchanan closed the Public Hearing.
Donovan moved and Browne seconded that the SUBSTITUTE Ordinance
Requiring a Public Hearing be ADOPTED.
Councilmembers discussed the motion, the difference between this
ordinance and the similar ordinance adopted at the last regular County
Council meeting, whether the industry should police itself, and whether the
problem is with enforcement.
The following people answered questions:
• Karen Frakes, Prosecuting Attorney's Office
• Mark Personius
Dana Brown -Davis, Clerk of the Council, stated this is a substitute version.
Donovan's motion that the SUBSTITUTE Ordinance Requiring a Public
Hearing be ADOPTED carried by the following vote:
Wkateom County Page 4 Printed on 5/5/2021
Council Minutes - Final April 20, 2021
Aye: 5 - Browne, Buchanan, Byrd, Donovan, and Frazey
Nay: 2 - Elenbaas, and Kershner
Absent: 0
Enactment No: ORD 2021-023
OPEN SESSION (20 MINUTES)
Council staff played a short instructional video about how to speak at the
meeting.
The following people spoke:
• Mark Ambler
• Markis Dee Stidham
• Tom Doran
• Nancy Bergman
• Misty Flowers
• Barbara Powers
• Natalie Chavez
• Eve Smason-Marcus
• Sanja Pisker
• Melissa Wisener
Browne spoke about the number of programs for homeless individuals in
Whatcom County.
VOl\TSLl:T1 AdEN1"0 Al
(From Council Finance and Administrative Services Committee)
Browne reported for the Finance and Administrative Services Committee
and moved to approve Consent Agenda items one through three.
Councilmembers discussed and voted on those items (see votes on
individual items below).
1. AB2021-229 Request authorization for the County Executive to enter into a contract between
Whatcom County and Western Washington University to provide planning support
for the Whatcom County Natural Hazards Mitigation Plan 2021 update, in the amount
of $49,254
Browne reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Whatcom County Page 5 Printed on 51512021
Council Minutes - Final April 20, 2021
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
2. AB2021-236 Request authorization for the County Executive to award bid #21-09 and enter into a
contract between Whatcom County and Granite Construction, Inc. for hot mix asphalt
prelevel at various locations in an amount not to exceed $438,649.00
Browne reported for the Finance and Administrative Services Committee and
moved that the Bid Award be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
3. AB2021-250 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Fire Protection District No. 11 to establish a gurney
use agreement
Browne reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
OTHER ITEMS
(From Council Finance and Administrative Services Committee)
1. AB2021-206 Ordinance closing Law Library/Elections Remodel Fund 376
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
Absent: 0
Enactment No: ORD 2021-024
2. AB2021-207 Ordinance closing the East Whatcom Regional Resource Center Construction Fund
Whatcom County Page 6 Printed on 51512021
Council Minutes - Final April 20, 2021
334
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
Absent: 0
Enactment No: ORD 2021-025
3. AB2021-215 Ordinance amending the 2021 Whatcom County Budget, request no. 6, in the amount
of $583,944
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: 4 - Browne, Buchanan, Donovan, and Frazey
Nay: 3 - Byrd, Elenbaas, and Kershner
Absent: 0
Enactment No: ORD 2021-026
4. AB2021-223 Request authorization for the County Executive to enter into an interlocal agreement
amendment between Whatcom County and the Washington State Department of
Health to fund various public health services, in the amount of $2,928,061 for a total
amended contract amount of $15,145,319
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
5. AB2021-225 Request authorization for the County Executive to enter into interlocal agreement
amendment # 1 to Interlocal Funding Agreement with the City of Bellingham for
support of US Geological Survey's Development of the Coastal Storm Modeling
System (COSMOS) across the Whatcom County Shoreline
{f'laatcom County Page 7 Printed on 51512021
Council Minutes - Final April 20, 2021
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
6. AB2021-231 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 Marine Drive (Locust Ave to Alderwood Ave)
Reconstruction and Bicycle/Pedestrian Improvement in the amount of $2,509,695
Browne reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED.
Jon Hutchings, Public Works Department Director, answered a question.
Browne's motion that the Contract be AUTHORIZED carried by the following
vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
7. AB2021-239 Request approval for the County Executive to enter into an Interagency Agreement
with Western Washington University to Support Coordination of Climate Change
Planning Efforts funded through a Washington Dept of Commerce grant in the amount
of $20,000
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, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
8. AB2021-246 Request authorization for the County Executive to enter into a contract between
Whatcom County and Chuckanut Health Foundation to create recommendations on
the establishment of a countywide Racial Equity Commission in the amount of
$90,000
Browne reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED.
Whatcom County Page 8 Printed on 51512021
Council Minutes - Final April 20, 2021
Satpal Sidhu, County Executive, answered where the funding for this item is
coming from and what the funding will provide, the scope of the work for
the commission, and the Council's role in the scope and in creating the
commission.
Councilmembers discussed the motion and Sidhu and Browne shared
personal experiences.
Browne's motion that the Contract be AUTHORIZED carried by the following
vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
9. AB2021-247 Request authorization for the County Executive to enter into an interlocal agreement
with the City of Bellingham to support, develop and fund a process to create
recommendations on the establishment of a county -wide Racial Equity Commission in
an amount not to exceed $45,000
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
(From Committee of the Whole)
10. AB2021-209 Resolution regarding permanent affordability of childcare in Whatcom County
Buchanan reported for the Committee of the Whole and moved to approve
the letter as amended in Committee. The motion was seconded by Browne.
The motion carried by the following vote:
Aye: 7 - Kershner, Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
Nay: 0
This agenda item was DISCUSSED AND MOTION(S) APPROVED.
ITEMS ADDED BY REVISION
1. AB2021-255 Appointment to the Business and Commerce Advisory Committee - Higher Education
vacancy, applicant(s): Eva Schulte
Whatconz County Page 9 Printed on 51512021
Council Minutes - Final April 20, 2021
Frazey moved and Browne seconded that the Council Appointment
Requiring Introduction be INTRODUCED.
Dana Brown -Davis, Clerk of the Council, answered questions.
Frazey's motion that the Council Appointment Requiring Introduction be
INTRODUCED carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
ITEMS ADDED BY REVISION
AB2021-227 Ordinance imposing an interim moratorium on the acceptance and processing of
applications and permits for new or expanded facilities in the Cherry Point urban
growth area, the primary purpose of which would be the shipment of unrefined fossil
fuels not to be processed at Cherry Point
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, Byrd, Donovan, and Frazey
Nay: 2 - Elenbaas, and Kershner
Absent: 0
INTRODUCTION ITEMS
Donovan moved to introduce items one through three. The motion was
seconded by Byrd (see votes on individual items below).
Kershner moved to refer AB2021-244 to the Public Works and Health
Committee. The motion was seconded by Byrd.
Dana Brown -Davis, Clerk of the Council, stated that item was discussed in
committee today.
Kershner withdrew her motion.
1. AB2021-243 Ordinance ordering the closure of a portion of Manley Road to motorized vehicular
traffic
Donovan moved and Byrd seconded that the Ordinance Requiring a Public
Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried
by the following vote:
Whatcom County Page 10 Printer! on 51512021
Council Minutes - Final April 20, 2021
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2021-027
2. AB2021-244 Resolution adopting the Whatcom County Americans with Disabilities Act (ADA)
Transition Plan within the Public Rights -of -Way
Donovan moved and Byrd 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 2021-016
3. AB2021-245 Resolution supporting a Community Development Block Grant (CDBG) Public
Services Grant application
Donovan moved and Byrd 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 2021-017
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Buchanan reported for the Committee of the Whole Executive Session.
Donovan read the following motion from Committee of the Whole
Executive Session.
I hereby move to approve defense and indemnification of Chris
Freeman and Caleb Erickson, named as defendants in Anderson as
Personal Rep. of Estate of Kirk Powless, et al. v. Whatcom County,
et al., US District Court for the Western District of Washington No.
2:20-cv-01125.
Whatcom County Page 11 Printed on 51512021
Council Minutes - Final April 20, 2021
The motion carried by the following vote:
Aye: 7 - Donovan, Elenbaas, Frazey, Kershner, Browne, Buchanan, and Byrd
Nay: 0
Karen Frakes, Prosecuting Attorney's Office, stated the whole motion was
not read as it did not include the findings.
Byrd reread the entire motion and moved the following:
I hereby move to approve defense and indemnification of Chris
Freeman and Caleb Erickson, named as defendants in Anderson as
Personal Rep. of Estate of Kirk Powless, et al. v. Whatcom County,
et al., US District Court for the Western District of Washington No.
2:20-cv-01125.
The County Council met in executive session concerning the lawsuit
Anderson as Personal Representative of Estate of Kirk Powless, et
al. v. Whatcom County, et al., US District Court for the Western
District of Washington No. 2:20-cv-01125. Pursuant to Whatcom
County Code 2.56, the Council hereby finds the following:
A. Chris Freeman and Caleb Erickson were acting in a matter in
which the county had an interest;
B. Chris Freeman and Caleb Erickson were acting in the discharge of
a duty imposed or authorized by law;
C. Chris Freeman and Caleb Erickson acted in good faith. The
officers, officials, agents or employees will be defended and
indemnified pursuant to and consistent with the provisions in WCC
Chapter 2.56.
The motion was seconded by Donovan.
Councilmembers discussed the motion and Dana Brown -Davis, Clerk of the
Council, stated they need to vote to reconsider the original motion.
Buchanan moved to reconsider Donovan's original motion. The motion
was seconded by Byrd.
The motion to reconsider carried by the following vote:
Aye: 7 - Elenbaas, Frazey, Kershner, Browne, Byrd, Buchanan, and Donovan
Nay: 0
The motion as stated by Tyler Byrd and seconded by Donovan carried by the
following vote:
Whatcom County page 12 Printed on 5/5/2021
Council Minutes - Final April 20, 2021
ADJOURN
Aye: 7 - Frazey, Kershner, Browne, Buchanan, Byrd, Donovan, and Elenbaas
Nay: 0
Councilmembers continued to give committee reports and spoke about
other issues including concerns about HIPPA compliance as it relates to
COVID-19 information released over the phone.
Tyler Schroeder, Executive's Office, answered a question about reports that
states that have lifted mask mandates have lower case rates of COVID-19.
The meeting adjourned at 9:05 p.m.
The County Council approved these minutes on May 4, 2021.
ATTEST:
b'`���,��
Dana BroAtT�[)�vll ',(- 6 ncil clerk
-� q,
c�➢
fl �'
Kristi Felbinger, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
WBuchanan, Council Chair
R?iatcom County Page 13 Printed on 51512021