HomeMy WebLinkAboutCouncil May 4 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 5.4.2021
Tuesday, May 4, 2021
6PM
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 May 4, 2021
COUNTY COUNCIL
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 6 p.m. in a
virtual meeting.
ROLL CALL
Present: 6 - Rud Browne, Barry Buchanan, Todd Donovan, Ben Elenbaas, Carol Frazey,
and Kathy Kershner
Absent: 1 - Tyler Byrd
FLAG SALUTE
ANNOUNCEMENTS
COUNTY EXECUTIVE'S REPORT
Satpal Sidhu, County Executive, reported about COVID-19 vaccination.
MINUTES CONSENT
Donovan moved to accept the minutes consent items. The motion was
seconded by Kershner (see votes on individual items below).
1. MIN2021-034 Water Work Session for April 13, 2021
Donovan moved and Kershner 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
ter____ n
Nay: V
Absent: 1 - Byrd
2. MIN2021-035 Special Council for April 15, 2021
Donovan moved and Kershner 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: I - Byrd
3. MIN2021-037 Committee of the Whole Executive Session for April 20, 2021
Donovan moved and Kershner seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
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Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 1 - Byrd
4. MIN2021-039 Regular County Council for April 20, 2021
Donovan moved and Kershner 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. MIN2021-040 Committee of the Whole for April 20, 2021
Donovan moved and Kershner 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
Council staff played a short instructional video about how to speak at the
meeting.
1. AB2021-243 Ordinance ordering the closure of a portion of Manley Road to motorized vehicular
traffic
Jim Karcher, Public Works Department, briefed the Councilmembers.
Buchanan opened the Public Hearing and the following person spoke:
• Sean Campbell
Hearing no one else, Buchanan closed the Public Hearing.
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 2021-027
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2. AB2021-244 Resolution adopting the Whatcom County Americans with Disabilities Act (ADA)
Transition Plan within the Public Rights -of -Way
Jim Karcher, Public Works Department, briefed the Councilmembers.
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Hearing.
Frazey moved and Browne seconded that the Resolution Requiring a Public
Hearing 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 2021-016
3. AB2021-245 Resolution supporting a Community Development Block Grant (CDBG) Public
Services Grant application
Tyler Schroeder, Executive's Office, briefed the Councilmembers.
Buchanan opened the Public Hearing and the following person spoke:
• Greg Winter
Hearing no one else, Buchanan closed the Public Hearing.
Donovan moved and Frazey seconded that the Resolution Requiring a
Public Hearing be APPROVED.
Donovan acknowledged and thanked the County staff and non -profits that
keep these grants going.
Donovan's motion that the Resolution Requiring a Public Hearing be
APPROVED carried by the following vote:
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 1 - Byrd
Enactment No: RES 2021-017
OPEN SESSION (20 MINUTES)
The following people spoke:
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• Mark Ambler
• Markis Dee Stidham
• Misty Flowers
• Dena Jensen
• Melissa Wisener
• Mary Stidham
• Doug Gustafson
• Rebecca Meloy
• Jean Purcell
• Behnoosh Armani
• Desiree (Last name inaudible)
• Synthia Seidel
• Gail Adderley
CONSENT AGENDA
(From Council Finance and Administrative Services Committee)
Browne started reading a different item but then stopped and went to the
Consent Agenda.
Browne reported for the Finance and Administrative Services Committee
and moved that Consent Agenda items 2 and 3 be AUTHORIZED BY
CONSENT.
Councilmembers voted on these two items and the motion carried 6-0 (see
motion and votes on individual items below).
May 4, 2021
2. AB2021-254 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the Mount Baker School District to lease tower
access at the Kendall Elementary School Tower Site, in the amount of $0.00
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, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 1 - Byrd
3. AB2021-262 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Opportunity Council to provide rental assistance for
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people with co-occuring disorders in the amount of $15,000 for a total amended
contract amount of $84,843
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:
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 1 - Byrd
Browne then reported and motions were made on Consent Agenda Items I
and 4 individually (see motion and votes below).
1. AB2021-253 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and G6 Hospitality to extend the lease through
September, 2021 in an amount not to exceed $60,000 per month
Browne reported for the Finance and Administrative Services Committee and
moved that consent Agenda item 1 be AUTHORIZED BY CONSENT without
a recommendation from Committee. The motion carried by the following vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: I - Byrd
4. AB2021-272 Request authorization for the County Executive to renew a Collective Bargaining
Agreement between Whatcom County and the Deputy Sheriff's Guild for the period
of January 1, 2022 through December 31, 2022
Browne reported for the Finance and Administrative Services Committee
but did not make a motion because the motion to recommend authorization
by consent failed in Committee.
Donovan moved and Browne seconded that the Contract be AUTHORIZED
BY CONSENT.
Councilmembers discussed the motion.
Donovan's motion that the Contract be AUTHORIZED BY CONSENT
carried by the following vote:
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
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Absent: 1 - Byrd
OTHER ITEMS
(From Council Finance and Administrative Services Committee)
1. AB2021-256 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Military Department for FFY20
Operation Stonegarden, in the amount of $405,600.00
Browne reported for the Finance and Administrative Services Committee
but skipped to the second item (AB2021-263). See action taken on this
item below.
2. AB2021-263 Request authorization for the County Executive to enter into Agreement Amendment
No. 1 for Funding Support and Implementation of the Duffner Ditch Culvert and
Flood Gate Replacement Project (Council acting as the Flood Control Zone District
Board of Supervisors)
Browne reported for the Finance and Administrative Services Committee
and moved to approve this item as item 1 on the agenda then withdrew his
motion so that they could consider the items in the order of the agenda. See
action on this item below.
1. AB2021-256 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Military Department for FFY20
Operation Stonegarden, in the amount of $405,600.00
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, Elenbaas, Frazey, and Kershner
Nay: 1 - Donovan
Absent: 1 - Byrd
2. AB2021-263 Request authorization for the County Executive to enter into Agreement Amendment
No. 1 for Funding Support and Implementation of the Duffner Ditch Culvert and
Flood Gate Replacement Project (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
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Absent: I - Byrd
(From Council Planning and Development Committee)
3. AB2021-257 Discussion and Council motion to approve the Public Participation Plan for Whatcom
County Comprehensive Plan and Development Regulation Amendments
Browne reported for the Planning and Development Committee and moved
that the request to approve the plan be APPROVED. The motion carried by
the following vote:
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 1 - Byrd
COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. AB2021-255 Appointment to the Business and Commerce Advisory Committee - Higher Education
vacancy, applicant(s): Eva Schulte
Kershner moved and Browne seconded that the Council Appointment
Requiring Introduction be APPOINTED.
Councilmembers discussed the motion and why these positions are
non -voting members.
Eva Schulte, applicant, addressed the Councilmembers.
Kershner's motion that the Council Appointment Requiring Introduction be
APPOINTED carried by the following vote:
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 1 - Byrd
EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND
COMMITTEES
1. AB2021-266 Request confirmation of the County Executive's appointment of Dave Bren to the
Development Standards Technical Advisory Committee
Kershner moved and Frazey seconded that the Executive Appointment be
CONFIRMED. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
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Absent: 1 - Byrd
ITEMS ADDED BY REVISION
1. AB2021-278 Ordinance submitting to the qualified voters of Whatcom County a proposal to amend
Whatcom County Charter Sections 5.40 and 5.41 to align signature requirements for
citizen initiatives with Washington State norms
Browne moved and Donovan seconded that the Ordinance Requiring a
Public Hearing be INTRODUCED FOR PUBLIC HEARING.
Councilmembers discussed the Ordinance and when it will be scheduled for
a public hearing.
Browne's motion that the Ordinance Requiring a Public Hearing be
INTRODUCED FOR PUBLIC HEARING carried by the following vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 1 - Byrd
2. AB2021-279 Ordinance submitting to the qualified voters of Whatcom County a proposal to amend
Whatcom County Charter Section 8.22 to align requirements for amending the
Charter by citizen initiative with Washington State norms
Donovan moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be INTRODUCED FOR PUBLIC HEARING.
Councilmembers discussed the difference between this item and the
previous item (AB2021-278).
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: 1 - Byrd
Abstain: 1 - Kershner
3. AB2021-281 Resolution concluding the work of the Homeless Strategies Workgroup and
transferring responsibilities to the Whatcom County Housing Advisory Committee
Browne moved and Frazey seconded that the Resolution be APPROVED.
Councilmembers discussed the motion and how this resolution would affect
the Homeless Strategies Workgroup.
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Browne's motion that the Resolution be APPROVED carried by the following
vote:
Aye: 5 - Browne, Buchanan, Elenbaas, Frazey, and Kershner
Nay: 1 - Donovan
Absent: 1 - Byrd
Enactment No: RES 2021-018
INTRODUCTION ITEMS
Donovan moved to introduce items one through five. The motion was
seconded by Frazey (see votes on individual items below).
1. AB2021-264 Ordinance amending the Whatcom County Budget, request no. 7, in the amount of
$5,156,985
Donovan moved and Frazey seconded that the Ordinance be INTRODUCED.
The motion carried by the following vote:
Aye: 4 - Browne, Buchanan, Donovan, and Frazey
Nay: 2 - Elenbaas, and Kershner
Absent: 1 - Byrd
Enactment No: ORD 2021-030
2. AB2021-185 Ordinance amending Whatcom County Code 9.32, Unlawful Discharge of Firearms,
to establish a no shooting zone in the Drayton Harbor area of Whatcom County
Donovan moved and Frazey seconded that the Ordinance Requiring a Public
Nearing he INTRODUCED FOR PUBLIC HEARING. The motion carried
by the following vote:
Aye: 4 - Browne, Buchanan, Donovan, and Frazey
Nay: 2 - Elenbaas, and Kershner
Absent: 1 - Byrd
3. AB2021-186 Ordinance amending Whatcom County Code 9.32, Unlawful Discharge of Firearms,
to establish a no shooting zone to be known as the Dearborn No Shooting Zone
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: 4 - Browne, Buchanan, Donovan, and Frazey
Nay: 2 - Elenbaas, and Kershner
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Absent: 1 - Byrd
4. AB2021-258 Ordinance amending the Six -Year Capital Improvement Program (CIP) for Whatcom
County Facilities (2021-2026)
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: 4 - Browne, Buchanan, Donovan, and Frazey
Nay: 2 - Elenbaas, and Kershner
Absent: 1 - Byrd
Enactment No: ORD 2021-028
5. AB2021-261 Ordinance granting Cellco Partnership d/b/a Verizon Wireless, a non-exclusive
franchise for the provision of wireless telecommunications services
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: 4 - Browne, Buchanan, Donovan, and Frazey
Nay: 2 - Elenbaas, and Kershner
Absent: 1 - Byrd
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Councilmembers gave committee reports.
Satpal Sidhu, County Executive, spoke about the response to the moving of
Camp 210 homeless camp.
Councilmembers and Sidhu discussed other topics including services for
the homeless and the response to COVID-19 in Australia, Whatcom
County, and other states.
Buchanan reported for Committee of the Whole and moved that they
accept the recommendations put forward by the Homeless Strategies
Workgroup as presented in Committee of the Whole. The motion was
seconded by Browne.
The motion carried by the following vote:
Aye: 6 - Frazey, Kershner, Browne, Buchanan, Donovan, Elenbaas
Nay: 0
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ADJOURN
Absent: 1 - Byrd
The meeting adjourned at 7:55 p.m.
The County Council approved these minutes on May 18, 2021.
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
or
Bxfy uchanan, Council Chair
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