HomeMy WebLinkAboutCouncil Jul 13 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, July 13, 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 July 13, 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
Buchanan announced the following:
The Council is accepting applications to fill 3 vacancies on the Drayton
Harbor Shellfish Protection District Advisory Committee. The vacancy
must be filled by someone with a direct interest in the district. If you are
interested in filling this vacancy and meet the qualifications, 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
Kershner moved to accept the minutes consent items. The motion was
seconded by Donovan (see votes on individual items below).
1. MI [°J202,1µ0S3 Committee of the Whole for June 29, 2021
Kershner moved and Donovan 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. MIN2021-05 Regular County Council for June 29, 2021
Kershner moved and Donovan 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
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Nay: 0
Absent: 0
PUBLIC HEARINGS
Council staff played a short instructional video about how to speak at the
meeting.
1. AB202 1 16.3 Ordinance amending the Whatcom County Code and Comprehensive Plan, requiring
a site -specific geotechnical analysis when mineral extraction is proposed within 500
feet of a gas or petroleum transmission pipeline
Josh Fleischmann, Planning and Development Services Department, briefed
the Councilmembers.
Buchanan opened the Public Hearing and the following person spoke:
• Kyler Danielson
Browne moved and Donovan seconded that the Ordinance Requiring a
Public Hearing be ADOPTED.
Fleischman and Royce Buckingham, Prosecuting Attorney's Office,
answered questions about the comments of the speaker, where the
responsibility for pipeline integrity lies, whether the process for reviewing
an application and veto powers should be included, and the process and
rights for appeals.
Councilmembers discussed the item and whether a determination in favor
of the miner would be increasing the County's liability.
Browne's motion that the Ordinance Requiring a Public Hearing be
ADOPTED carried by the following vote:
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Abstain: 1 - Byrd
Enactment No: ORD 2021-040
2. AB202.1.-370 Ordinance adopting Whatcom County Code Chapter 16.50 Commercial Property
Assessed Clean Energy and Resiliency (C-PACER) Program within Whatcom
County
Donovan gave an explanation of the program and answered whether it
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applies to residential property.
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Hearing.
Frazey moved and Donovan seconded that the Ordinance Requiring a Public
Hearing be ADOPTED.
Councilmembers discussed the motion.
Frazey'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 2021-041
OPEN SESSION (20 MINUTES)
The following people spoke:
• Brien Thane
• Trevor Smith
• Brent Jones
• Markis Dee Stidham
• Christopher Watrobka
• Rod Roth
• Natalie Chavez
• Shean Halley
• Denise Jones
• Jean Purcell
• Enoch Mann
• Misty Flowers
Hearing no one else, Buchanan closed the Open Session.
CONSENT AGENDA
Browne reported for the Finance and Administrative Services Committee
and moved to approve Consent Agenda items one through six.
Councilmembers voted on those items (see votes on individual items
below).
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1. Al -20. 21 -383 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Island County for Mini -Chain Services in the amount
of $5,359.00
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, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
2. A132021-3395 Request authorization for the County Executive to award Bid 421-31 and enter into a
subsequent contract between Whatcom County and Foss Maritime for the annual
drydocking, repair and maintenance of the Whatcom Chief ferry, in the amount of
$773,839
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. A B2021-.3 8 7 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the Washington Association of Sheriffs and Police
Chiefs for Registered Sex Offender Address and Residency Verification Program, in
the amount of $139,688.00
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, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
4. AB2021-391 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Department of Ecology for litter
cleanup activities, in the amount of $71,100
Browne reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
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carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
5. AB2021-399 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Snohomish Health District for participation in the
North Sound Regional Youth Marijuana Prevention and Education Program, in the
amount of $27,000
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: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
6. l- B22,02l 400. Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Skagit County for participation in the North Sound
Regional Youth Marijuana Prevention and Education Program, in the amount of
$27,000
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: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
OTHER ITEMS
(From Council Finance and Administrative Services Committee)
1. AB2021-346 Ordinance amending the project budget for the Silver Lake Park Improvement Fund,
request no. 3
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 2021-042
2. AB2021--365 Ordinance amending the Whatcom County Budget, request no. 11, in the amount of
$5,728,416
Browne reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED.
Councilmembers discussed the motion.
Donovan moved to amend the proposal to have the $525,000 from the
Affordable & Supportive Housing Fund (1406) be replaced with American
Rescue Plan Act Fund (ARPA) dollars. The motion was seconded by
Kershner.
Councilmembers discussed the motion to amend and whether the ARPA
funds should be used without having a plan for them first and how the funds
are tracked, and the following people also spoke and answered questions:
• Tyler Schroeder, Executive's Office
• Satpal Sidhu, County Executive
• Anne Deacon, Health Department
The motion to amend carried by the following vote:
Aye: 5 - Donovan, Frazey, Kershner, Browne, and Buchanan
Nay: 2 - Elenbaas and Byrd
Browne's motion that the Ordinance be ADOPTED AS AMENDED carried
by the following vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 2 - Byrd, and Elenbaas
Absent: 0
Enactment No: ORD 2021-043
3. A 2N21- 75 Ordinance amending Whateom County Code 2.98, Point Roberts Community
Advisory Committee, to revise membership
Browne reported for the Finance and Administrative Services Committee and
moved that the Ordinance be ADOPTED. The motion carried by the following
vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
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Nay: 1 - Elenbaas
Absent: 0
Enactment No: ORD 2021-044
4. A B2021-393 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Department of Commerce for
resources to assist people who are experiencing homelessness obtain and maintain
housing stability, in the amount of $6,335,182
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, Frazey, and Kershner
Nay: 0
Absent: 0
Abstain: 1 - Elenbaas
5. AE2021-39 7 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and City of Lynden for Economic Development
Investment (EDI) loan and grant funding to support the West Front Street Arterial
Improvement Project, in the amount of $2,000,000
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
6. AB202_1�398 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Department of Social and Health
Services for the administration of developmental disabilities services, in the amount of
$4,125,535
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
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Absent: 0
7. A 13202 6 -401 Request authorization for the County Executive to enter into a purchase and sale
agreement for the acquisition of 5.9 acres of undeveloped property adjoining Squires
Lake Park in the amount of $90,000
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, Donovan, Frazey, and Kershner
Nay: 2 - Byrd, and Elenbaas
Absent: 0
(From Council Committee of the Whole)
8. A B2021-360 Ordinance to establish an independent review of the community response to the
COVID-19 Pandemic
Buchanan reported for the Committee of the Whole and stated there is a
substitute version as revised in committee.
Browne moved and Frazey seconded that the SUBSTITUTE Ordinance be
ADOPTED. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
Enactment No: ORD 2021-045
(No Committee Assignment)
9. A B2021-392 Request approval of a motion to authorize Chief Civil Deputy Prosecutor Karen
Frakes to vote on behalf of Whatcom County in favor of the Fifth Amended Joint
Chapter 11 Plan of Reorganization of Purdue Pharma L.P. and its Affiliated Debtors
in re: Purdue Pharma, et al. Case No. 19-23649 (RDD), United States Bankruptcy
Court of the Southern District of New York
Karen Frakes, Prosecuting Attorney's Office, briefed the Councilmembers
and stated that she recommends that they approve the plan.
Frazey moved and Kershner seconded that the Request for Motion be
Approved.
Browne thanked Frakes for her work.
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Frazey's motion that the Request for Motion be APPROVED carried by the
following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND
COMMITTEES
1. AB2021-384 Request confirmation of the County Executive's reappointments of David Warren and
Daniel Lamer to the Bellingham-Whatcom Public Facilities District
Byrd moved and Buchanan 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
ITEMS ADDED BY REVISION
There were no agenda items added by revision.
INTRODUCTION ITEMS
Browne moved to introduce items one and two. The motion was seconded
by Donovan (see votes and discussion on individual items below).
1. A132021-403 Ordinance adopting amendments to the Whatcom County Comprehensive Plan and
Whatcom County Code relating to the Cherry Point UGA fossil fuel facilities,
renewable fuel facilities, piers, SEPA, greenhouse gas emissions, and other matters
Browne moved and Donovan seconded that the SUBSTITUTE Ordinance
Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING.
Karen Frakes, Prosecuting Attorney's Office, answered how the changes in
the substitute version of AB2021-403 are considered non -substantive.
Tyler Schroeder, Executive's Office, and Frakes walked through the email
describing the changes in the proposed substitute.
Browne's motion that the SUBSTITUTE Ordinance Requiring a Public
Hearing be INTRODUCED FOR PUBLIC HEARING carried by the
following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
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Nay: 0
Absent: 0
Enactment No: ORD 2021-046
2. AB2021-405 Ordinance requesting that the Whatcom County Auditor include the question of
establishing a Birch Bay Library Capital Facility Area to finance a new library facility
in Birch Bay on the ballot at the November general election
Browne moved and Donovan 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 2021-049
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Buchanan reported for the Committee of the Whole Executive Session.
Donovan moved and Browne seconded the following motion from
Committee of the Whole Executive Session:
The County Council met in executive session concerning the lawsuit Fred
A. Pulphus, Plaintiff v. Compass Health, a Washington Corporation,
Whatcom County, Whatcom County Sheriffs Office, and Wendy Jones,
Defendants, Snohomish County Superior Court Case No. 21-2-01395-31.
Pursuant to Whatcom County Code 2.56, the Council hereby finds the
following:
A. Wendy Jones was acting in a matter in which the county had an interest;
B. Wendy Jones was acting in the discharge of a duty imposed or authorized
by law;
C. Wendy Jones 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 carried by the following vote:
Aye: 7 - Kershner, Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
Nay: 0
Councilmembers continued to give committee reports.
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ADJOURN
Dana Brown -Davis, Clerk of the Council, reported on the process to appoint
a District Court Judge and the discussion regarding reopening Council
operations to the public.
Frazey confirmed that the executive session with the judges will be on July
27, 2021.
Councilmembers discussed other business including cannabis code
amendments, YouTube censoring Council meetings, putting together a
video template to put in place of a censored video to redirect viewers to a
different posting of the video, scheduling a discussion about the YouTube
issue, and the retirement of the Health Department's John Wolpers.
Satpal Sidhu, County Executive, spoke about the Ordinance to establish an
independent review of the community response to the COVID-19 Pandemic
and an upcoming farmers parade in Lynden on July 17, 2021.
The meeting adjourned at 8:23 p.m.
The County Council approved these minutes on July, 27, 2021.
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Kristi Felbinger, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
Council Chair
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