HomeMy WebLinkAboutCouncil Aug 10 2021Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Minutes - Final
Tuesday, August 10, 2021
6PM
Virtual Meeting
VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT
www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010)
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 August 10, 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
The Council is accepting applications to a vacancy on the Lummi Island
Ferry Advisory Committee. The vacancy must be filled by someone who
does not live on or own property on Lummi Island. If you're interested in
participating in this group 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, gave a presentation (on file under
A132021-482) concerning the Priorities and Policy Framework for use of
the American Rescue Plan Act (ARPA) funds.
Donovan spoke about leveraging the dollars for permanent affordable
housing and childcare.
SPECIAL ORDER OF BUSINESS
1. AB2021-485 Council appointment of interim District Court Judge
Donovan moved that they put this on the agenda so that it is after the public
comment. The motion was seconded by Byrd.
The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Kershner, and Browne
Nay: 0
MINUTES CONSENT
Byrd moved to accept the minutes consent items. The motion was seconded
by Frazey (see votes on individual items below).
1. MIN2021-061 Committee of the Whole Executive Session for July 27, 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: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
2. MIN2021-062 Committee of the Whole for July 27, 2021
Byrd moved and Frazey 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
3. MIN2021-063 Regular County Council for July 27, 2021
Byrd moved and Frazey 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. MIN2021-064 Special Council for August 2, 2021
Byrd moved and Frazey 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
Council staff played a short instructional video about how to speak at the
meeting.
1. AB2021-413 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and City of Bellingham for FY2021 Byrne Justice
Assistance Grant (JAG) Program Award, in the amount of $14,001
Doug Chadwick, Undersheriff, briefed the Councilmembers.
Buchanan opened the Public Hearing and, hearing no one, closed the Public
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Hearing.
Donovan moved and Byrd seconded that the Agreement Requiring a Public
Hearing be AUTHORIZED. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
2. AB2021-417 Resolution transferring a Whatcom County Flood Control Zone District property to
the Lummi Nation (Council acting as the Flood Control Zone District Board of
Supervisors)
Andrew Hester, Public Works Department, briefed the Councilmembers.
Buchanan opened the Public Hearing and the following person spoke:
• Wendy Harris
Hearing no one else, Buchanan closed the Public Hearing.
Byrd moved and Frazey seconded that the Resolution (FCZDBS) Requiring a
Public Hearing 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 2021-026
3. AB2021-422 Ordinance for reestablishing a speed limit for a portion of Bay Road
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Hearing.
Byrd moved and Donovan seconded that the Ordinance Requiring a Public
Hearing be ADOPTED.
Elenbaas stated he thinks it is a good idea.
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
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Enactment No: ORD 2021-050
4. AB2021-424 Ordinance adopting amendments to the Whatcom County Code Title 20, Zoning to
allow and regulate Battery Energy Storage Systems
Mark Personius, Planning and Development Services Department Director,
briefed the Councilmembers and answered whether there have been any
applications for such an item yet.
Councilmembers discussed the item.
Donovan moved to hold this item for a month or two. The motion was
seconded by Byrd.
Dana Brown -Davis, Clerk of the Council, stated this item was advertised as
a scheduled public hearing so if the Council is agreeable, it would be better
to have the public hearing and then vote whether to hold it after that.
Donovan withdrew his motion and Councilmembers and Personius
discussed the timing of the item.
Buchanan opened the Public Hearing and the following people spoke:
• Wendy Harris
• David MacLeod
• Brad Brown
Hearing no one else, Buchanan closed the Public Hearing.
Donovan moved to hold the item. The motion was seconded by Byrd.
Councilmembers and Personius discussed the motion.
Chris Powers, NextEra Energy, addressed the Council and Councilmembers
continued to discuss.
The motion to hold carried by the following vote:
Aye: 5 - Kershner, Buchanan, Byrd, Donovan, and Frazey
Nay: 2 - Browne and Elenbaas
Councilmembers discussed with Personius what additional information the
Council is looking for.
Dana Brown -Davis, Clerk of the Council, asked what committee they would
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like it to be referred to. They concurred to put it in Planning and
Development Committee.
Final Action: Councilmembers HEARD PUBLIC TESTIMONY AND
Donovan's motion that the Ordinance Requiring a Public Hearing be HELD
(and REFERRED TO COMMITTEE) carried by the following vote:
Aye: 5 - Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 2 - Browne, and Elenbaas
Absent: 0
5. AB2021-433 Resolution declaring Whatcom County real property as surplus
Tyler Schroeder, Executive's Office, briefed the Councilmembers and
answered whether it will be opened up so that anyone who is interested in
bidding on the project could bid on it.
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Hearing.
Frazey moved and Donovan seconded that the Resolution Requiring a
Public Hearing be APPROVED.
Schroeder answered why it is only open to one non-profit (Lake Whatcom
Treatment Center) and not open to anyone.
Satpal Sidhu, County Executive, stated there was a head -nod for this process
in Executive Session.
Frazey's motion that the Resolution Requiring a Public Hearing be
APPROVED carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: RES 2021-027
6. AB2021-420 Ordinance amending the Whatcom County Comprehensive Plan Map and zoning
code for the Nooksack Falls Exclave within the Mount Baker-Snoqualmie National
Forest
Mark Personius, Planning and Development Services Department Director,
briefed the Councilmembers and stated this would have to be forwarded for
concurrent review.
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Buchanan opened the Public Hearing and the following person spoke:
• Ali Taysi
Hearing no one else for this item, Buchanan closed the Public Hearing.
Buchanan moved and Byrd seconded that the Ordinance Requiring a Public
Hearing be FORWARDED FOR CONCURRENT REVIEW. The motion
carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
OPEN SESSION (20 MINUTES)
The following people spoke:
• Marcus Sanders
• Megan Wiseman
• Leah Sauter
• Robert Bystrom
• Misty Flowers
• Richard Tran
• Don Warner
• Lindy McDonough
• Jack Hovenier
• Nancy Bergman
• Shean Halley
• Natalie Chavez
• Jean Purcell
• Christie Duque
• Enoch Mann
• Brad Brown
• Stephen Jackson
• Cliff Langley
• Hannah Ortis
• Heather Katandin
Hearing no one else, Buchanan closed the Open Session.
SPECIAL ORDER OF BUSINESS
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AB2021-485 Council appointment of interim District Court Judge
Cathy Halka, Council Legislative Analyst, discussed with Councilmembers
the work done to validate the options for voting and how to proceed tonight.
Kershner moved to use the ranked choice voting system but down to the
level of four choices. The motion was seconded by Byrd.
Councilmembers discussed the motion.
Donovan suggested a friendly amendment that the ranked vote be
non -binding and then they can make a motion to affirm the results and
Kershner accepted the friendly amendment.
Byrd suggested that it be a blind vote, but Kershner did not accept that
suggestion.
Councilmembers continued to discuss the motion.
Dana Brown -Davis, Clerk of the Council, answered a question about
whether they would need to rescind their prior vote on July 27 on how to
vote tonight.
Kershner withdrew her motion but Byrd did not withdraw his second and
stated as the seconder he would not accept the friendly amendment to make
it non -binding.
Councilmembers discussed whether they would need to rescind the July 27
motion and decided they needed to, but no one made a motion to rescind
which made tonight's motion moot. They went back to the original motion
from the Committee of the Whole on July 27, 2021.
Buchanan moved to nominate all the candidates for consideration. The
motion was seconded by Browne.
Councilmembers discussed the motion and voted as follows:
Donovan voted for Angela Anderson
Elenbaas voted for Jeffrey Lustick
Frazey voted for Angela Anderson
Kershner voted for Royce Buckingham
Browne voted for Angela Anderson
Buchanan voted for Angela Anderson
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Byrd voted for Angela Anderson
Angela Anderson was appointed with five votes.
Councilmembers continued to discuss the process and the candidates.
Angela Anderson was APPOINTED.
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 1-13. Councilmembers
discussed and voted on those items (see votes on individual items below).
1. AB2021-427 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Cascadia Youth Mental Health to assess and support
regional school substance use discipline policies and practice needs, in the amount of
$22,760 for a total amended contract amount of $40,000
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. AB2021-428 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Northwest Educational Service District 189 for
participation in the Regional Youth Marijuana Prevention and Education Program, in
the amount of $15,000
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
3. AB2021-442 Request authorization for the County Executive to enter into an interlocal agreement
beween Whatcom County and Tacoma Pierce County Health Department for
administration of the food handler permit program, in an estimated amount of $80,732
per year
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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
4. AB2021-443 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Skagit Valley College for the use of the Plantation
Rifle Range to train personnel, in the amount of $17,486.40
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
5. AB2021-444 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the Sedro-Woolley Police Department for the use of
the Plantation Rifle Range to train personnel, in the amount of $6,289.30
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, Flenbaas; Frazey; and Kershner
Nay: 0
Absent: 0
6. AB2021-445 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the Bellingham Police Department for the use of the
Plantation Rifle Range to train personnel, in the amount of $26,381.85
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
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7. AB2021-446 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the Mount Vernon Police Department for the use of
the Plantation Rifle Range to train personnel, in the amount of $6,764.05
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
8. AB2021-448 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the Marysville Police Department for the use of the
Plantation Rifle Range to train personnel, in the amount of $12,868.22
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
9. AB2021-449 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the Skagit County Sheriff's Office for the use of the
Plantation Rifle Range to train personnel, in the amount of $15,286.73
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
10. AB2021-452 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Department of Ecology for solid
waste management compliance and litter and/or illegal dumping enforcement activities,
in the amount of $236,340
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:
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Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
II. AB2021-468 Request authorization for the County Executive to enter into a contract between
Whatcom County and Trantech Engineering, LLC to provide engineering services to
implement rehabilitation efforts on the existing Nulle Road/Friday Creek Bridge No.
106
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
12. AB2021-472 Request authorization for the County Executive to enter into a contract between
Whatcom County and Helmsman Management Services, LLC to provide
administration of the County's self -insured Worker's Compensation Program in the
amount of $173,090
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
13. AB2021-478 Request approval for the County Executive to enter into a contract for a 3-year
subscription to KnowBe4 for cyber security awareness training and simulated phishing
software platform with SHI International Corporation, using the Washington State
Contract #06016, in an amount not to exceed $50,409.22
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: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
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OTHER ITEMS
(From Council Finance and Administrative Services Committee)
1. AB2021-412 Ordinance amending the 2021 Whatcom County Budget, request no. 12, in the
amount of $1,506,763
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 2021-051
2. A132021-390 Request authorization for the County Executive to enter into an Interlocal Agreement
between Whatcom County and the Bellingham Housing Authority for the purposes of
funding an EDI loan for phase 3 of the Samish Commons redevelopment project in
the amount of $750,000
Browne reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED.
Dana Brown -Davis, Clerk of the Council, spoke about the title of this item
(Tyler Schroeder, Deputy Administrator, corrected the title for this item to
reflect an amount of $725,000 instead of $750,000).
Councilmembers discussed the motion.
Browne's motion that the Interlocal be AUTHORIZED carried by the
following vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 2 - Byrd, and Elenbaas
Absent: 0
3. AB2021-410 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County Flood Control Zone District and the Lummi Nation for the
transfer of real property (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:
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Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
4. AB2021-430 Request authorization for the County Executive to enter into a contract between
Whatcom County and Housing Authority of the City of Bellingham to receive
American Rescue Plan Act (ARPA) funds in the amount of $525,000 to construct
phase 3 of the Samish Commons Project
Browne reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED. The motion carried by the
following vote:
Aye: 4 - Browne, Buchanan, Donovan, and Frazey
Nay: 3 - Byrd, Elenbaas, and Kershner
Absent: 0
5. AB2021-441 Request authorization for the County Executive to enter into an Interlocal agreement
between Whatcom County and Washington State Department of Ecology to
administer and enforce sealing, tagging, and decommissioning of water wells, in an
estimated annual amount of $13,500
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. AB2021-454 Request authorization for the County Executive to enter into a contract between
Whatcom County and Unity Care Northwest to provide reimbursement of
professional and support services provided at Whatcom County's Community
Vaccine Clinics, in the amount of $55,950
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
7. AB2021-458 Request authorization for the County Executive to enter into an Interlocal agreement
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amendment between Whatcom County, the City of Bellingam Fire Department and
Fire Protection District No. 7 for costs associated with the implementation of the 5th
medic unit in the amount of $1,917,500
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
8. AB2021-459 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Snohomish Health District to provide COVID-related
isolation and quarantine to Snohomish County residents, in the amount of $200 per
resident, per day
Browne reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED.
Councilmembers discussed how much this cost each resident that used it in
Whatcom County and whether they can mitigate the risk of bringing
COVID-19-positive people into the County, and they discussed the motion.
Satpal Sidhu, County Executive, spoke about the facility being an insurance
policy.
Buchanan moved the call the question. The motion was seconded by
Browne.
The motion to call the question carried by the following vote:
Aye: 6 - Frazey, Kershner, Browne, Buchanan, Byrd, and Elenbaas
Nay: 1 - Donovan
Browne's motion that the Interlocal be AUTHORIZED carried by the
following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
9. AB2021-476 Resolution to adopt the Whatcom County Employee's Personnel Handbook
Browne reported for the Finance and Administrative Services Committee
and moved that the Resolution be APPROVED.
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Councilmembers discussed the motion, thanked Karen Goens for the
handbook, and wished her well in her retirement.
Clerk's note: Buchanan stated the vote on this item was 6-1 with Donovan
out of the meeting. He did not hear Donovan's affirmative vote and Donovan
stated that he voted yes. The record was corrected to reflect a vote of 7-0.
Browne's motion that the Resolution be APPROVED carried by the following
vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: RES 2021-028
10. AB2021-477 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Department of Social and Health
Services to provide an advance in funding for DSHS-funded Developmental
Disabilities Administration Programs, in an amount authorized of up to $470,230
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
11. AB2021-483 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Lydia Place to provide funding for additional motel
rooms for families experiencing unsheltered homelessness in the amount of $236,470
for a total amended contract amount of $354,922
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
NOTE:
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Byrd asked whether AB2021-410 and AB2021-417 are different from each
other since they have similar titles and the following people spoke:
• Dana Brown -Davis, Clerk of the Council
• Tyler Schroeder, Executive's Office
One item is a resolution transferring the property and the other is an
interlocal.
(From Council Public Works and Health Committee)
12. AB2021-464 Resolution in the matter of considering vacating a portion of Wynn Road
Frazey reported for the Public Works and Health 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 2021-029
13. AB2021-465 Resolution in the matter of considering vacating a portion of Thomas Road
Frazey reported for the Public Works and Health 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 2021-030
14. AB2021-466 Resolution in the matter of considering vacating a portion of Horton Road
Frazey reported for the Public Works and Health 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 2021-031
15. A B2021-467 Resolution in the matter of considering vacating a portion of Boxwood Road
Frazey reported for the Public Works and Health Committee and moved that
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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 2021-032
(No Committee Assignment)
16. AB2021-469 Request to authorize Karen Frakes, Chief Civil Deputy Prosecuting Attorney, to vote
on behalf of Whatcom County in favor of the Joint Plan of Reorganization of
Mallinckrodt PLC and its debtor affiliates under Chapter 11 of the Bankruptcy Code
in Case No. 20-12522 (JTD) in the US Bankruptcy Court for the District of
Delaware
Karen Frakes, Prosecuting Attorney's Office, briefed the Councilmembers.
Browne moved and Byrd seconded that the Request for Motion be
APPROVED. The motion 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. AB2021-461 Request confirmation of the County Executive's appointment of Jagwinder Gill to the
Agricultural Advisory Committee
Donovan moved and Frazey seconded that the Executive Appointment be
CONFIRMED.
Satpal Sidhu, County Executive, answered a question about who the
applicant would be replacing.
Donovan's motion that the Executive Appointment be CONFIRMED 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.
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Council Minutes - Final August 10, 2021
INTRODUCTION ITEMS
Donovan moved to introduce items one through three. The motion was
seconded by Frazey (see votes on individual items below).
1. AB2021-451 Ordinance amending the 2021 Whatcom County Budget, request no. 13, in the
amount of $1,615,450
Donovan moved and Frazey 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 2021-054
2. AB2021-408 Ordinance adopting amendments to Whatcom County Code Title 17 Flood Damage
Prevention
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: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2021-053
3. AB2021-450 Resolution amending the Flood Control Zone District 2021 budget, request no. 2, in
the amount of $1,142,000 (Council acting as the Whatcom County Flood Control
Zone District Board of Supervisors)
Donovan moved and Frazey 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 2021-036
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Councilmembers gave committee reports.
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in IA 1.11 ON
Browne read the following title for AB2021-156 into the record and moved
that they have another executive session for the item or bring it out into the
open for a public discussion at a future meeting either in September or
October:
Discussion of pending litigation with Civil Deputy Prosecutor Chris
Quinn: Ericksen v. Whatcom County Flood Control Zone District,
Whatcom County Superior Court Cause No. 20-2-00650-37
The motion was seconded by Donovan to bring the item back to executive
session.
Browne clarified his motion and stated his preference is to have an
executive session on September 28, 2021.
The motion carried by the following vote:
Aye: 7 - Byrd, Donovan, Elenbaas, Frazey, Kershner, Browne, and Buchanan
Nay: 0
Councilmembers discussed listening to other people with differing
opinions, children wearing masks and other things related to COVID-19.
Dana Brown -Davis, Clerk of the Council, answered a question about the
time of the Special Council meeting on August 16, 2021.
The meeting adjourned at 10:27 p.m.
The County Council approved these minutes on September 14, 2021.
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
Wkntcom County Page 19 Printer! on 911512021