HomeMy WebLinkAboutCouncil Jun 1 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)
Tuesday, June 1, 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 June 1, 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: 6 - Rud Browne, Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, and
Carol Frazey
Absent: 1 - Kathy Kershner
FLAG SALUTE
ANNOUNCEMENTS
COUNTY EXECUTIVE'S REPORT
Satpal Sidhu, County Executive, reported on an allocation of $44,528,542
of the Coronavirus State and Local Fiscal Recovery Funds authorized under
the America Rescue Plan Act (ARPA). The first 50% installment has been
deposited and the second is expected in approximately 12 months.
MINUTES CONSENT
Byrd moved to accept the minutes consent items. The motion was seconded
by Frazey (see votes on individual items below).
1. MIN2021-0044 Committee of the Whole Executive Session for May 18, 2021
Byrd moved and Frazey seconded that the Minutes Consent be APPROVED
BY CONSENT. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
Nay: 0
Absent: 1 - Kershner
2. MIN2021-045, Committee of the Whole for May 18, 2021
Byrd moved and Frazey seconded that the Minutes Consent be APPROVED
BY CONSENT. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
Nay: 0
Absent: 1 - Kershner
3. MI 2021-0416 Regular County Council for May 18, 2021
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Byrd moved and Frazey seconded that the Minutes Consent be APPROVED
BY CONSENT. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
Nay: 0
Absent: 1 - Kershner
PUBLIC HEARINGS
1. AB2021-261 Ordinance granting Cellco Partnership d/b/a Verizon Wireless, a non-exclusive
franchise for the provision of wireless telecommunications services
Council staff played a short instructional video about how to speak at the
meeting.
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. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
Nay: 0
Absent: 1 - Kershner
Enactment No: ORD 2021-031
2. AB20211 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
Buchanan opened the Public Hearing and the following people spoke:
• Cindy Madigan
• Nancy Sheng
• Andrew Hansen
Hearing no one else, Buchanan closed the Public Hearing.
Donovan moved and Byrd seconded that the Ordinance Requiring a Public
Hearing be ADOPTED.
Buchanan stated that this item requires a supermajority vote.
Councilmembers discussed when the item was introduced, whether it was
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intended that the Council should be able to take action on the Charter, the
difference between this item and AB2021-279, whether people have tried
to put initiatives to change the Charter on the ballot in the past, the role of
the Charter Review Commission, and what this Ordinance would
accomplish if adopted in regards to proposing Charter amendments.
The following people also spoke:
• Satpal Sidhu, County Executive
• Karen Frakes, Prosecuting Attorney's Office
Donovan's motion that the Ordinance Requiring a Public Hearing be
ADOPTED carried by the following vote:
Aye: 5 - Browne, Buchanan, Byrd, Donovan, and Frazey
Nay: 1 - Elenbaas
Absent: 1 - Kershner
Enactment No: ORD 2021-032
3.2021-79 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
Browne moved and Frazey seconded that the Ordinance be adopted, but they
had not yet done the public hearing so the motion was withdrawn.
Buchanan opened the Public Hearing and the following people spoke:
• -inay Madigan
• Andrew Hansen
• Nancy Sheng
• Dan Johnson
Hearing no one else, Buchanan closed the Public Hearing.
Buchanan moved and Frazey seconded that the Ordinance Requiring a
Public Hearing be ADOPTED. The motion was seconded by Frazey.
Councilmembers discussed the motion and whether there should be a high
bar to be able to change the Charter outside of the Charter Review
Commission process.
Buchanan moved and Frazey seconded that the Ordinance Requiring a
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Public Hearing be held for two weeks and be REFERRED TO
COMMITTEE. The motion was seconded by Frazey.
Councilmembers continued to discuss the item and the motion to hold.
Karen Frakes, Prosecuting Attorney's Office, stated the beginning of August
would be the date by which this proposed Ordinance would need to get to
the Auditor in order to be on the ballot.
Councilmembers continued to discuss the Ordinance and how the Charter
has been and should be amended.
Dana Brown -Davis, Clerk of the Council, stated they would not need to hold
a public hearing again if they choose to hold this item tonight.
Councilmembers concurred that Elenbaas and Byrd would work together to
answer Byrd's questions about amendments proposed by the Charter Review
Commission in the past and that holding the item would not keep the
proposal from going on the ballot this year.
Buchanan's motion that the Ordinance Requiring a Public Hearing be held for
two weeks and be REFERRED TO COMMITTEE carried by the following
vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
Nay: 0
Absent: 1 - Kershner
OPEN SESSION (20 MINUTES)
Council staff played a short instructional video about how to speak at the
meeting.
The following people spoke:
• Misty Flowers
• Richard Tran
• Dan Johnson
• Natalie Chavez
Hearing no one else, Buchanan closed the Open Session.
OTHER ITEMS
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(From Council Finance and Administrative Services Committee)
1. AB2021-2 9. Ordinance amending the 2021 Whatcom County Budget, request No. 8, in the
amount of $1,250,000
Browne reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED.
Councilmembers commented on the project and discussed the motion.
Alex Jeffers, Whatcom Land Trust, answered what the County is gaining by
acquiring the property and whether the owners of the property approached
the County about it or whether the County sought the property owners out.
Browne's motion that the Ordinance be ADOPTED carried by the following
vote:
Aye: 5 - Browne, Buchanan, Byrd, Donovan, and Frazey
Nay: 1 - Elenbaas
Absent: 1 - Kershner
Enactment No: ORD 2021-033
2. AB2021_-291., Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and City of Bellingham for logistical and administrative
support services to Whatcom Unified Command, in the amount of $60,000
Browne reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED. The motion carried by the
following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
Nay: 0
Absent: 1 - Kershner
3. A 2021^ 292 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Opportunity Council to support a single point of
entry, to connect families and professionals concerned about a child's development to
resources and services in the amount of $9,081 for a total amended contract amount
of $89,230
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, Byrd, Donovan, Elenbaas, and Frazey
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Nay: 0
Absent: 1 - Kershner
4. A B2021 -298 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 $94,000 for a total
estimated contract amount of $220,000
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, Byrd, Donovan, Elenbaas, and Frazey
Nay: 0
Absent: I - Kershner
5. A.B2021 -299. Request authorization for the County Executive to enter into a contract between
Whatcom County and Pacific Security to provide COVID-related security services,
in the amount of $71,736
Browne reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED.
Councilmembers discussed the motion and whether security services are
still needed.
Satpal Sidhu, County Executive, also spoke.
Browne's motion that the Contract be AUTHORIZED carried by the following
vote:
Aye: 4 - Browne, Buchanan, Donovan, and Frazey
Nay: 2 - Byrd, and Elenbaas
Absent: 1 - Kershner
6. AB2021-301. Request authorization for the County Executive to enter into a contract between
Whatcom County and Opportunity Council to provide funding for an outreach worker
and consulting services to the Homeless Outreach Team, in the amount of $120,776
Browne reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED.
Tyler Schroeder, Executive's Office, answered whether it is a one-year
contract or if it will be reoccurring and whether they anticipate it will
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continue beyond the one-year time frame.
Browne's motion that the Contract be AUTHORIZED carried by the following
vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
Nay: 0
Absent: 1 - Kershner
7. AB2021„-307 Request authorization for the County Executive to enter into an agreement between
Whatcom County and the County Road Administrative Board (CRAB) in order to
receive Rural Arterial Preservation grant funding for the Birch Bay/Lynden Road
Pavement Rehabilitation project in the amount of $510,000
Browne reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED.
Councilmembers and Satpal Sidhu, County Executive, discussed the item.
Browne's motion that the Contract be AUTHORIZED carried by the following
vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
Nay: 0
Absent: 1 - Kershner
8. AB2021-31 s Request authorization for the County Executive to enter into a contract between
Whatcom County and West Publishing for online database subscriptions in the
amount of $151,680.00
D/'VW/lam 1"GpUl7GU lUr 1I1G P1IlaI1UG allU 11UII11I11J1i"dIIVC .7GI'V1GG5 \.UIIlIII11IGG
and moved that the Contract be AUTHORIZED.
Karen Frakes, Prosecuting Attorney's Office, answered what the online
database is and whether a subscription to it is needed, and Councilmembers
and Frakes discussed the vendor, whether the information should be
available for everyone and what would happen if the funding is not approved.
Browne's motion that the Contract be AUTHORIZED carried by the following
vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
Nay: 0
Absent: 1 - Kershner
9. /32021 315. Request authorization for the County Executive to purchase a Conservation Easement
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from the City of Lynden for Glenning Park, in the amount of $250,000
Browne reported for the Finance and Administrative Services Committee
and moved that the Agreement be AUTHORIZED.
Councilmembers discussed the motion and earlier comments about whether
the County should be paying for this.
Browne's motion that the Agreement be AUTHORIZED carried by the
following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
Nay: 0
Absent: 1 - Kershner
10. A13202,1-316 Request authorization for the County Executive to purchase a Conservation and
Public Access Easement from the Whatcom Land Trust for the Upper Skookum
Creek property, in the amount of $1,250,000
Browne reported for the Finance and Administrative Services Committee and
moved that the Agreement be AUTHORIZED. The motion carried by the
following vote:
Aye: 5 - Browne, Buchanan, Byrd, Donovan, and Frazey
Nay: 1 - Elenbaas
Absent: 1 - Kershner
(From Council Committee of the Whole)
11. A.1 2021 m 1.85 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
Dana Brown -Davis, Clerk of the Council, answered questions about the
process for this Ordinance.
Buchanan reported for Committee of the Whole and stated that it was
recommended in Committee of the Whole to go with Councilmember
Browne's proposed amendments then move it to Introduction tonight.
Browne moved that the Ordinance be amended by adding the following
Whereas statements:
WHEREAS, on July 23, 2019, the Council approved Resolution
2019-035, declaring its intent to conduct a public hearing to
consider creating a no shooting zone in the Drayton Harbor area of
Whatcom County, as proposed by the City of Blaine; and
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WHEREAS, our local Native America tribal members have a
limited number of sources to hunt wildlife they have used as an
intoral athzr ��altural traditions since time imea�,orial„ and
WHEREAS Devious laws restrict i Non --Native f merican's from
hu
r1tzrtg and fv i LrLareas_wheredative American's have retained .
their rights under° the 1855 Treaty of Eoint Elliot have resulted in
tribal members becornipgAhe target qf protests, discrimination and
in some case violence, and
H RFa A where possible Whatconn Cou114 seeks to harmonize
qw, itb,'l'ribal treaties rights so as to redug th ential
for misunderstandtgs con. and discrijrtation, and
WHEREAS,tbe C_ ummi restrict tribal members from using fireaLtIns
within a LOOO of a, ocou iedhogse 11(
WHEREAS, pursuant to Whatcom County Code 9.32.020 and RCW
36.32.120 the County Council has the authority and power to
establish no shooting zones; and
The motion was seconded by Elenbaas.
Councilmembers discussed whether the Ordinance should be held and
referred to committee.
Donovan moved and Byrd seconded that the Ordinance Requiring a Public
Hearing be held and REFERRED TO COMMITTEE and sent to Council
Committee of the Whole.
Councilmembers discussed the motion and a request to send an invitation to
the City of Blaine and the tribal members to attend the committee
discussion in two weeks.
Browne suggested a friendly amendment to Donovan's motion to add a
request to staff to update the map.
Donovan accepted the friendly amendment.
Donovan's motion that the Ordinance Requiring a Public Hearing be held and
REFERRED TO COMMITTEE and sent to Council Committee of the Whole
and that they request staff to update the map carried by the following vote:
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Aye: 6 - Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
Nay: 0
Absent: 1 - Kershner
12. AB202,1-1186 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
Buchanan reported for the Committee of the Whole and moved that the
Ordinance Requiring a Public Hearing be ADOPTED. The motion was
seconded by Browne. The motion carried by the following vote:
Aye: 5 - Browne, Buchanan, Byrd, Donovan, and Frazey
Nay: I - Elenbaas
Absent: 1 - Kershner
Enactment No: ORD 2021-034
EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND
COMMITTEES
1. AB2021 _308. Request confirmation of the County Executive's appointment of Sandy Phillips and
Jeannine Heidenreich to the Bicycle Pedestrian Advisory Committee
Donovan moved and Frazey seconded that the Executive Appointment be
CONFIRMED. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
Nay: 0
Absent: 1 - Kershner
2. A132021-309 Request confirmation of the County Executive's reappointment of Mark McDonald to
the North Sound Behavioral Health Administrative Services Organization (ASO)
Advisory Board
Frazey moved and Byrd seconded that the Executive Appointment be
CONFIRMED. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
Nay: 0
Absent: 1 - Kershner
ITEMS ADDED BY REVISION
1. AB 021_-1,8 5 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
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See note on AB2021-185 above. The revised version of this Ordinance was
referred to Committee. The item was stricken form this section.
INTRODUCTION ITEMS
Byrd moved to introduce items one through three. The motion was
seconded by Donovan (see votes on individual items below).
Dana Brown -Davis, Clerk of the Council stated that AB2021-310 is a
substitute version.
1. AB202_1 -307 Ordinance amending the 2021 Whatcom County Budget, request no. 9, in the amount
of $1,138,322
Byrd moved and Donovan seconded that the Ordinance be INTRODUCED.
The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
Nay: 0
Absent: 1 - Kershner
Enactment No: ORD 2021-035
2. AB2021 -310 Ordinance establishing the American Rescue Plan Act Fund and establishing a budget
for the American Rescue Plan Act Fund
Byrd moved and Donovan seconded that the SUBSTITUTE Ordinance be
INTRODUCED. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
.N-av- n
...7.
Absent: 1 - Kershner
Enactment No: ORD 2021-036
3. AB2021-296 Ordinance adopting amendments to the Purchase of Development Rights Program
Clerk's note: This Item was introduced for Public Hearing but then later
referred to committee in two weeks. See motion below in Committee
Reports.
Byrd moved and Donovan seconded that the Ordinance Requiring a Public
Hearing be INTRODUCED. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
Nay: 0
Absent: 1 - Kershner
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COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
1
Councilmembers gave committee reports.
Donovan reported for the Natural Resources Committee and moved that
AB2021-296 be introduced. He suggested that it be scheduled for a hearing
on June 29, 2021 so they have time to discuss it in committee. The motion
was seconded by Frazey.
Councilmembers discussed the timing for having more discussion and a
hearing.
Dana Brown -Davis, Clerk of the Council, stated the Ordinance was already
introduced tonight and Councilmembers just need to talk about the timing
of scheduling it, such as scheduling it for Committee of the Whole in two
weeks and then a public hearing in four weeks.
Councilmembers discussed the schedule and looking at statistics pertinent
to protecting Whatcom County agriculture.
Donovan amended his motion to refer AB2021-296 (introduced tonight)
to Committee of the Whole in two weeks and then schedule it for a public
hearing for two weeks after that. The motion was seconded by Buchanan.
Councilmembers discussed the motion.
The motion carried by the following vote:
Aye: 5 - Frazey, Browne, Buchanan, Byrd, and Donovan
Nay: 1 - Elenbaas
Absent: 1 - Kershner
Councilmembers continued committee reports.
Satpal Sidhu, County Executive, answered whether there is a plan for
moving forward with soliciting a replacement for the Medical Examiner.
The meeting adjourned at 9:21 p.m.
The County Council approved these minutes on June 15, 2021.
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