HomeMy WebLinkAboutCouncil Sep 14 2021Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Minutes - Final
Tuesday, September 14, 2021
6PM
Virtual Meeting
VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT
www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010); AGENDA
REVISED 9.13.2021
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 September 14, 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 read the following announcement:
The County is accepting applications from county residents to fill vacancies
on several boards, commissions, and committees spanning a wide range of
important local issues. For more information, visit the Boards and
Commissions vacancy webpage on the County website at
www.co.whatcom.wa.us, or call the County Council office or County
Executive's Office.
COUNTY EXECUTIVE'S REPORT
Satpal Sidhu, County Executive, stated that he did not have a report.
MINUTES CONSENT
Byrd moved to accept the minutes consent items. The motion was seconded
by Donovan (see votes on individual items below).
1. MIN2021-065 Special Council for August 5, 2021
Byrd 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. M IN2021-067 Committee of the Whole Executive Session for August 10, 2021
Byrd moved and Donovan seconded that the Minutes Consent be
APPROVED 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
3. MIN2021-068 Committee of the Whole for August 10, 2021
Byrd 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
4. MIN2021-069 Regular County Council for August 10, 2021
Byrd 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
5. MIN2021-070 Special Council for August 16, 2021
Byrd 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
PUBLIC HEARINGS
Council staff played a short instructional video about how to speak at the
meeting.
1. AB2021-408 Ordinance adopting amendments to Whatcom County Code Title 17 Flood Damage
Prevention
The following people spoke:
• Paula Harris, Public Works Department, briefed the
Councilmembers.
• Travis Bouma, Public Works Department
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Buchanan opened the Public Hearing and, hearing no one for this item,
closed the Public Hearing.
Donovan moved and Byrd seconded that the Ordinance Requiring a Public
Hearing 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 2021-053
2. AB2021-434 Resolution authorizing the sale of Whatcom County surplus property
Tyler Schroeder, Executive's Office, briefed the Councilmembers.
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Hearing.
Byrd moved and Frazey seconded that the Resolution 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 2021-033
OPEN SESSION (20 MINUTES)
The following people spoke:
• David Spring
• Lonnie Brogan
• David Strich
• Robert Viens
• Mylissa Bode
• Misty Flowers
• Wendy Harris
• Melissa Greg Wisener
• Markis Dee Stidham
• Robert Bystrom
• Ken Domorod
• Jim Schoenecker
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• Frank Soler
• Richard Tran
• Renee Norton
• Natalie Chavez
• Jean Purcell
• Nancy Hill
• Kali White
• Ashley Butenschoen
• Hannah Ortis
• Heather Katandin
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 three.
Council staff started to call for the votes but Byrd stated he would like to
vote on them separately.
Browne withdrew his motion and the Councilmembers voted on each item
separately.
1. AB2021-487 Request authorization for the County Executive to enter into a contract between
Whatcom County and Michael Bobbink for hearing examiner services
Browne moved that the Contract be AUTHORIZED. The motion carried by
the following vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 2 - Byrd, and Elenbaas
Absent: 0
2. AB2021-502 Resolution in the matter of the sale of surplus personal property and setting a date for
public hearing, pursuant to WCC 1.10
Browne 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
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Absent: 0
Enactment No: RES 2021-034
3. AB2021-518 Resolution to amend Resolution 2020-046 for unrepresented Whatcom County
employees
Browne 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 2021-035
OTHER ITEMS
(From Council Natural Resources Committee)
1. AB2021-359 Request for public comment related to the Whatcom County Wildlife Advisory
Committee's recommendation regarding Nomination of Species of Local Importance
and request for Council motion to designate four wildlife species as "Species of Local
Importance"
Donovan reported for the Natural Resources Committee.
Dana Brown -Davis, Clerk of the Council, stated the recommendation from
committee is to hold a public hearing in two weeks.
Donovan move[ to schedule a public hearing in two weeks.
Councilmembers discussed the motion.
The motion carried by the following vote:
Aye: 5 - Browne, Buchanan, Byrd, Donovan, and Frazey,
Nay: 2 - Elenbaas and Kershner
This agenda item was DISCUSSED AND MOTION(S) APPROVED.
(From Council Finance and Administrative Services Committee)
2. AB2021-501 Request authorization for the County Executive to enter into an agreement between
Whatcom County and Compass Health to lease a portion of the Whatcom Response
Center, in the amount of $20,000 annually
Buchanan stated this is a substitute.
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Browne reported for the Finance and Administrative Services Committee and
moved that the SUBSTITUTE Agreement 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
3. AB2021-493 Request authorization for the County Executive to enter into an Agreement between
Whatcom County and Administrative Office of Courts (AOC) for reimbursement of
Uniform Guardianship Act (UGA) services, in the amount of $153,110
Browne reported for the Finance and Administrative Services Committee and
moved that the Agreement be AUTHORIZED. The motion carried by the
following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
4. AB2021-497 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 $110,000 for a total
estimated contract amount of $330,000
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
5. AB2021-492 Request authorization for the County Executive to enter into a contract between
Whatcom County and Washington State Department of Commerce to furnish goods
and services necessary to accomplish activities under the SFY 2022 Victim/Witness
Assistance Grant during the grant period, in the amount of $60,368.00
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
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Nay: 0
Absent: 0
6. AB2021-523 Request authorization for the County Executive to enter into Local Agency Agreement
Supplement No. 5 between Whatcom County and the Washington State Department
of Transportation for the Birch Bay Drive and Pedestrian Facility Project in the
amount of $300,000
Browne reported for the Finance and Administrative Services Committee and
moved that the Agreement be AUTHORIZED. The motion carried by the
following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
7. 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)
Browne reported for the Finance and Administrative Services Committee and
moved that the Resolution (FCZDBS) be APPROVED. The motion carried by
the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment l�v o: RES 2v2 V3V
8. AB2021-451 Ordinance amending the 2021 Whatcom County Budget, request no. 13, in the
amount of $1,615,450
Browne reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED.
Councilmembers discussed the motion.
Browne's motion that the Ordinance be ADOPTED carried by the following
vote:
Aye: 5 - Browne, Buchanan, Donovan, Elenbaas, and Frazey
Nay: 2 - Byrd, and Kershner
Absent: 0
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Enactment No: ORD 2021-054
9. AB2021-498 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Department of Ecology to provide
Pollution Prevention Assistance Specialists, in the amount of $293,568
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
10. AB2021-509 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and City of Bellingham for the development of a housing
communications strategy, in the amount of $19,050
Browne reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED.
Dana Brown -Davis, Clerk of the Council, confirmed that there was
additional information posted online for this item.
Councilmembers discussed the motion and the Community Outreach
Facilitator.
Browne's motion that the Interlocal be AUTHORIZED carried by the
following vote:
Aye: 4 - Browne, Buchanan, Donovan, and Frazey
Nay: 3 - Byrd, Elenbaas, and Kershner
Absent: 0
11. AB2021-489 Resolution approving the 2022 recommended Convention Center (Lodging Tax)
allocations for tourism -related facilities and activities as defined through RCW
67.28.1816 in the amount of $1,469,575
Browne reported for the Finance and Administrative Services Committee
and moved that the SUBSTITUTE Resolution be APPROVED.
Councilmembers discussed that this is a substitute version.
Browne's motion that the SUBSTITUTE Resolution be APPROVED 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: RES 2021-037
12. AB2021-506 Request authorization for the County Executive to enter into a contract agreement
between Whatcom County and West Publishing for online access to proprietory law
publications in the amount of $143,007
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
COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. AB2021-510 Request Council appointment of one councilmember to attend the Whatcom
Transportation Authority (WTA) Board Composition Review, as required by law
Donovan briefed the Councilmembers.
Frazey moved and Kershner seconded that Donovan be nominated and
APPOINTED.
Councilmembers discussed the motion.
Frazey's motion that Donovan be nominated and APPOINTED carried by the
following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: I - Elenbaas
Absent: 0
Donovan was appointed.
EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND
COMMITTEES
1. AB2021-507 Request confirmation of the Executive's reappointment of Wendy Miller and Mark
Challender to the Americans with Disabilities Act (ADA) Compliance Committee
Byrd moved and Donovan seconded that the Executive Appointment be
CONFIRMED. 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
ITEMS ADDED BY REVISION
1. AB2021-535 Request authorization for the County Executive to enter into a revised contract
between Whatcom County and the Housing Authority of the City of Bellingham to
secure an EDI loan for the Samish Way Redevelopment project in the amount of
$725,000
Buchanan read the item into the record.
Browne reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED. The motion carried by the
following vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 2 - Byrd, and Elenbaas
Absent: 0
INTRODUCTION ITEMS
Browne moved to introduce items one through eight. The motion was
seconded by Donovan (see votes on individual items below).
Councilmembers discussed AB2021-185 and when it will be introduced.
1. AB2021-500 Ordinance adopting amendments to the Whatcom County Zoning Code Relating to
Temporary Homeless Facility Regulations
Browne moved and Donovan seconded that the SUBSTITUTE 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 2021-055
2. AB2021-512 Ordinance amending the 2021 Whatcom County Budget, request no. 14, in the
amount of $315,947
Browne moved and Donovan seconded that the Ordinance be
INTRODUCED. 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
Enactment No: ORD 2021-057
3. AB2021-414 Ordinance granting Cascade Natural Gas Corporation a franchise for the
transportation of natural gas in Whatcom County
Browne moved and Donovan 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
4. AB2021-508 Ordinance for Installation of a Stop Sign on Northshore Road
Browne moved and Donovan 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 2021-056
5. AB2021-503 Resolution authorizing the sale of surplus personal property pursuant to WCC 1.10
Browne moved and Donovan seconded that the Resolution 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: RES 2021-038
6. AB2021-515 Resolution in the matter of the Whatcom County Six -Year Transportation
Improvement Program (STIP) for the years 2022 through 2027
Browne moved and Donovan seconded that the Resolution Requiring a Public
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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: RES 2021-039
7. AB2021-522 Resolution amending the Flood Control Zone District 2021 budget, request no. 3, in
the amount of $175,000 (Council acting as the Whatcom County Flood Control Zone
District Board of Supervisors)
Browne moved and Donovan 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 2021-041
8. AB2021-516 Resolution adopting the Whatcom County Flood Control Zone District Six -Year
Water Resources Improvement Program for the years 2022 through 2027 (Council
acting as the Flood Control Zone District Board of Supervisors)
Browne moved and Donovan seconded that the Resolution (FCZDBS)
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: RES 2021-040
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Councilmembers gave committee reports.
Satpal Sidhu, County Executive, spoke about the plan for going forward with
allocations for the American Rescue Plan Act (ARPA) funds.
Byrd moved that they begin meeting again in person.
Dana Brown -Davis, Clerk of the Council, briefed the Councilmembers on
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ADJOURN
progress on work that would allow for hybrid meetings.
Councilmembers discussed the motion, the loss of jobs because of vaccine
mandates, natural immunity, getting updates from the Health Department,
other issues regarding COVID-19, and processing conceal carry permits.
Brown -Davis and Councilmembers discussed that the Council has the
ability to have basic hybrid meetings and what the logistics might be.
Karen Frakes, Prosecuting Attorney's Office, stated we are still required to
have remote meetings but an in -person component is allowed. An in -person
component of the meeting has to be compliant with the current rules that
the State has for business meetings. There are no distancing requirements
or capacity requirements. There is just the State mandate for masking.
Councilmembers continued to discuss the motion.
Brown -Davis asked who would enforce the rules in the Council chambers.
Byrd's motion was seconded by Elenbaas.
Byrd clarified his motion that the Council should start hybrid meetings at
the September 28, 2021 meeting.
Councilmembers, Frakes, and Brown -Davis discussed whether the
expectation would be for everyone present to wear a mask, how other
jurisdictions have handled hybrid meetings, enforcement of mask -wearing,
what Council staff would do, and contingencies for non-compliance.
The motion failed by the following vote:
Aye: 3 - Byrd, Elenbaas, and Kershner
Nay: 4 - Donovan, Frazey, Browne, and Buchanan
Satpal Sidhu, County Executive recognized Anne Deacon's (Health
Department) 50 years of public service as she gets ready to retire and
Councilmembers also expressed their appreciation.
Anne Deacon, Health Department, spoke about her retirement.
Sidhu spoke about the Community Outreach Facilitator.
The meeting adjourned at 9:22 p.m.
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The County Council approved these minutes on September 28, 2021.
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Kristi Felbinger, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
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Ba y B hana , Council Chair
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