HomeMy WebLinkAboutCouncil Jun 15 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 6.15.2021
Tuesday, June 15, 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 15, 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
Buchanan announced the following:
The Council is accepting applications to a vacancy on the Lummi Island
Ferry Advisory Committee. This vacancy must be filled by someone who
does NOT live on or own property on Lummi Island. If you are interested in
serving Whatcom County and the Lummi Island community, please let us
know at 360-778-5010 or email the Council at council@co.whatcom.wa.us.
COUNTY EXECUTIVE'S REPORT
Satpal Sidhu, County Executive, stated he did not have a report.
MINUTES CONSENT
Donovan moved to accept the minutes consent items. The motion was
seconded by Browne (see votes on individual items below).
1. MIIN2021-047. Committee of the Whole Executive Session for June 1, 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: 0
Temp Absent: 1 - Byrd
2. MIN2021-048 Committee of the Whole for June 1, 2021
Donovan moved and Browne 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: 0
Temp Absent: 1 - Byrd
3. MIN2021.-049 Regular County Council for June 1, 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: 0
Temp Absent: I - Byrd
OPEN SESSION (20 MINUTES)
Council staff played a short instructional video about how to speak at the
meeting.
The following people spoke:
• Kathy Sabel
• Misty Flowers
• Andrea Ward
• Shean Halley
• Nancy Bergman
• Natalie Chavez
• Jean Purcell
• Markis Dee Stidham
Hearing no one else, Buchanan closed the Open Session.
CONSENT AGENDA
(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 nine.
Councilmembers discussed and voted on those items (see votes on
individual items below).
1. AB20211N 319 Request authorization for the County Executive to enter into a contract between
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Council Minutes - Final June 15, 2021
Whatcom County and Arc of Whatcom County to provide information, education,
and family support to individuals with developmental disabilities, their family members,
and the general public, in the amount of $150,616
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: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
2. AB2021`-321 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 Hampton Road Pavement
Rehabilitation project in the amount of $170,100
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: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
3. AB202 1- 322 Request authorization for the County Executive to enter into a contract between
Whatcom County and the Executive Office of the President for a grant award for
funding from the High Intensity Drug Trafficking Areas (HIDTA) program in the
amount of $205,073.00
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: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
4. AB202 i -325 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Opportunity Council to provide funding for Child
Development Services to eligible children ages birth to three who have developmental
disabilies and delays, in the estimated amount of $77,812, for a total estimated
amended contract amount of $213,952
Browne reported for the Finance and Administrative Services Committee and
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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
5. A132021 m332 Resolution to amend Resolution 2020-046 for unrepresented Whatcom County
employees
June 15, 2021
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 2021-021
6. AB2021l -333 Request authorization for a Letter of Understanding between Whatcom County and
General Teamsters' Local Union 231 to amend the Master Collective Bargaining
Agreement for the period January 1, 2019 - December 31, 2021
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: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
7. 132021 -95 Request authorization for a Letter of Understanding between Whatcom County and
the WA State Nurses Association to amend the collective bargaining agreement for
the period January 1, 2021 - December 31, 2022
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: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
8. AB2021-:336, Request authorization for a Letter of Understanding between Whatcom County and
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PROTEC17 to amend the collective bargaining agreement for the period January 1,
2019 - December 31, 2021
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: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
9. A132021-33 7 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Northwest Educational Services District 189 to
provide behavioral health services, in the amount of $121,000
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: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
OTHER ITEMS
(From Council Finance and Administrative Services Committee)
1. A.B2021--307 Ordinance amending the 2021 Whatcom County Budget, request no. 9, in the amount
of $1,138,322
Browne reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED.
Councilmembers discussed the motion and specifically the fund used to
unfreeze County staff positions that had been frozen during the COVID-19
crisis.
Satpal Sidhu, County Executive, answered questions about and
Councilmembers discussed the funding source, what happens in the long run
when the American Rescue Plan Act funds are gone and the County has
committed money for these staff positions, and whether general funds
would be set aside for that time.
Browne's motion that the Ordinance be ADOPTED carried by the following
vote:
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Aye: 4 - Browne, Buchanan, Donovan, and Frazey
Nay: 3 - Byrd, Elenbaas, and Kershner
Absent: 0
Enactment No: ORD 2021-035
2. A132021-310 Ordinance establishing the American Rescue Plan Act Fund and establishing a budget
for the American Rescue Plan Act Fund
Browne reported for the Finance and Administrative Services Committee and
moved that the Ordinance be ADOPTED. The motion carried by the following
vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 2 - Byrd, and Elenbaas
Absent: 0
Enactment No: ORD 2021-036
3. A B2021-324 Request authorization for the County Executive to enter into Local Agency Agreement
Supplement No. 4 between Whatcom County and the Washington State Department
of Transportation for the Birch Bay Drive and Pedestrian Facility Project in the
amount of $1,100,000
Browne reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED. The motion carried by the
following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
4. AB2021 r3e30 County Executive requests approval of the Economic Development Investment (EDI)
Board's recommendations for funding to support three project applications from the
City of Lynden, Port of Bellingham, and Bellingham Housing Authority
Browne reported for the Finance and Administrative Services Committee
and moved to approve the agenda item with the following amendments as
recommended in committee:
• PORT OF BELLINGHAM: To not approve the $6 million for the
Port of Bellingham but to approve the letter of support for $2
million with the condition that accepting grant funding will be
subject to an explanation as to how they will deliver the last mile for
internet coverage
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• CITY OF LYNDEN: To recommend to the Council an alternative of
$2 million of loan funding to be approved for the City of Lynden
project as opposed to a one third grant and two thirds loan
• BELLINGHAM HOUSING AUTHORITY: (No amendments -
approve the Housing Authority proposal as described)
Donovan moved that they bring the full proposals that were in the
Committee to the full Council for consideration. The motion was seconded
by Elenbaas but a motion was on the floor.
Browne stated he would withdraw his motion but Councilmembers
discussed that his motion cannot be withdrawn so they voted on his motion
to approve the agenda item with the recommended amendments.
Browne's motion failed by the following vote:
Aye: 0
Nay: 7 - Frazey, Kershner, Browne, Buchanan, Byrd, Donovan, and Elenbaas
Donovan moved to begin the discussion with the proposal that went to the
Committee and that was in the packet. The motion was seconded by
Kershner.
Browne suggested that they trifurcate each proposal and discuss each one
separately and Donovan accepted that suggestion.
PORT OF BELLINGHAM
Tyler Schroeder, Executive's Office, briefed the Councilmembers and
Councilmembers discussed the amount of the request.
Kershner moved that they change the Economic Development Investment
(EDI) funding request from $6 million to $2 million. The motion was
seconded by Donovan.
Donovan asked whether it would be a combination of loans and grants.
Kershner stated she would amend her motion to include that the $2 million
would be in combination of loans and grants as presented in the packet but
then withdrew it because that scenario would be for a different request and
not the Port of Bellingham. They voted on her original motion.
The motion carried by the following vote:
Aye: 7 - Kersbner, Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
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Nay: 0
Browne moved that the Port of Bellingham has to come back with a
plausible explanation as to how they are going to do the last mile before
they can accept the grant and the Council will fund it. The motion was
seconded by Elenbaas.
Councilmembers discussed the motion, what the Council is asking of the
Port, and giving them a letter of support and the following people answered
whether the Port of Bellingham has to come back to the Council after the
vote tonight or if it is a done deal:
• Tyler Schroeder, Executive's Office
• Satpal Sidhu, County Executive
Browne restated his motion that before they can accept the grant (which is
the trigger point for the Council to fund the EDI), the Port of Bellingham
has to give the Council a good explanation of how they are going to do the
last mile.
Schroeder answered whether it will impede the Port's ability to apply for
the grant.
The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
CITY OF LYNDEN
Browne reported for the Finance and Administrative Services Committee.
Satpal Sidhu, County Executive, answered a question about whether these
requests would come as three separate ordinances in the future. Today is
just approval for the Administration to prepare the ordinances.
Kershner moved to accept the EDI application from Lynden as submitted.
The motion was seconded by Elenbaas.
Councilmembers and Sidhu discussed the motion and the request.
The motion carried by the following vote:
Aye: 6 -Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
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Nay: 0
Abstain: 1 -Browne
BELLINGHAM HOUSING AUTHORITY
Browne reported for the Finance and Administrative Services Committee
and moved to approve the request.
The motion carried by the following vote:
Aye: 6 - Donovan, Elenbaas, Frazey, Kershner, Browne, and Buchanan
Nay: 1 - Byrd
THE MAIN AGENDA ITEM AS AMENDED
Browne moved to approve AB2021-330 as amended. The motion was
seconded by Kershner.
Councilmembers and Sidhu discussed the motion.
This Special Executive Only Item was APPROVED AS AMENDED by the
following vote.
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Ahetain• 1 - Rvrrl
5. AB202:1-331 Request authorization for the County Executive to award bid #21-26 and enter into a
contract between Whatcom County and Tiger Construction LTD for the Plantation
Indoor Range HVAC and Roof Replacement, in the amount of $1,032,352.54
Browne reported for the Finance and Administrative Services Committee
and moved that the Bid Award be AUTHORIZED.
Councilmembers discussed the motion and what kind of revenue the
plantation range brings in.
Christ Thomsen, Parks and Recreation Department, answered whether the
Parks Department has explored selling the plantation rifle range to a private
party.
Browne's motion that the Bid Award be AUTHORIZED carried by the
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following vote:
Aye: 5 - Buchanan, Byrd, Donovan, Elenbaas, and Kershner
Nay: 0
Absent: 0
Abstain: 2 - Browne, and Frazey
(From Council Public Works and Health Committee)
6. AB2021 -320 Discussion of community -requested revision to the Birch Bay Golf Cart Zone
boundary, and request for Council direction
Fraley reported for the Public Works and Health Committee and moved
that they request that Public Works Department do a traffic study on this
proposal.
Councilmembers discussed the motion.
Kershner moved to amend the motion to remove the portion of Bay Road
that the residents have asked us to do (without the traffic study), return the
speed limit to 35, and save the traffic study for the additional area that the
residents out there would like us to look at including. The motion was
seconded by Elenbaas.
Jon Hutchings, Public Works Department Director, stated there needs to be
an ordinance change and Public Works would prefer to go through an
analysis of all the controls on establishing speed limits and make sure we
are doing things right before we make these changes. He answered whether
the traffic study is the better way to go.
The amended motion carried by the following vote:
Aye: 7 - Kershner, Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
Nay: 0
This item was DISCUSSED AND MOTION(S) APPROVED
(From Council Committee of the Whole)
7. A132021 2'79 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
Buchanan reported for the Committee of the Whole and moved that the
Ordinance be Adopted.
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Councilmembers discussed the motion and ways Charter amendments
should be proposed.
Buchanan's motion that the Ordinance be adopted FAILED (because the item
required a supermajority vote) by the following vote:
Aye: 4 - Browne, Buchanan, Donovan, and Frazey
Nay: 3 - Byrd, Elenbaas, and Kershner
Absent: 0
(No Committee Assignment)
8. A132021_-323 Request approval to send letter of appreciation to child care team members
Frazey briefed the Councilmembers.
Browne moved and Frazey seconded that the REQUEST be APPROVED.
The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
ITEMS ADDED BY REVISION
1. AB2021-360 Ordinance to establish an independent review of the community response to the
COVID-19 Pandemic
Donovan moved and Browne seconded that the Ordinance be
INTRODUCED.
Councilmembers discussed the motion, a letter of support that came from
the head of the Emergency Operations Center, and the process for the
independent review. They concurred that the item should be placed in
Committee of the Whole for discussion.
Donovan's motion that the Ordinance be INTRODUCED carried by the
following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
Satpal Sidhu, County Executive, commented on the proposed Ordinance and
stated it is too early.
INTRODUCTION ITEMS
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Donovan moved that they withdraw AB2021-185 from Introduction tonight.
The motion was seconded by Browne and Councilmembers voted (see
motion and vote on item below).
Donovan moved to introduce items 2-4. The motion was seconded by
Browne (see votes on individual items below).
1. A B2021--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 Browne seconded that the Ordinance Requiring a Public
Hearing be WITHDRAWN from Introduction. The motion carried by the
following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
This item was withdrawn from Introduction and held in Committee.
2. AB2021,-327 Ordinance amending the Whatcom County Budget, request no. 10, in the amount of
$744,800
Donovan moved and Browne seconded that the 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 2021-038
3. AB2021-U8 Resolution amending the Flood Control Zone District and subzones 2021 budgets,
request no. 1, in the amount of $15,415 (Council acting as the Whatcom County
Flood Control Zone District Board of Supervisors)
Donovan moved and Browne seconded that the Resolution (FCZDBS) 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: RES 2021-022
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4. AB2021-340 Ordinance suspending Whatcom County Code 1.28 to update the Correctional
Facilities operational standards
Donovan moved and Browne seconded that the 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 2021-039
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
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Councilmembers gave committee reports and updates on recent events.
The meeting adjourned at 9:04 p.m.
The County Council approved these minutes on June 29, 2021.
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Kristi Felbinger, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
Barry hanan, Council Chair
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