HomeMy WebLinkAboutCouncil Sep 28 2021Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Minutes - Final
Tuesday, September 28, 2021
6PM
Virtual Meeting
VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT
www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010), AGENDA
REVISED 9.28.2021
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 28, 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
ANNOUNCEMENTS
Buchanan made 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
There was not an executive report.
FLAG SALUTE
MINUTES CONSENT
Donovan moved to accept the minutes consent items. The motion was
seconded by Frazey (see votes on individual items below).
1. M IN2021-0 71 Joint Health Board / PHAB for September 7, 2021
Donovan 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. MIN2021-072 Committee of the Whole for September 14, 2021
Donovan 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
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Absent: 0
3. MIN202_1 0'73 Regular County Council for September 14, 2021
Donovan 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. MIN2021-07� Committee of the Whole Executive Session for September 21, 2021
Donovan 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
5. MIN2021_--075 Water Work Session for September 21, 2021
Donovan 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 500 Ordinance adopting amendments to the Whatcom County Zoning Code Relating to
Temporary Homeless Facility Regulations
Mark Personius, Planning and Development Services Department Director,
briefed the Councilmembers.
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Hearing.
Browne moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be ADOPTED.
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Personius answered a question about a previously made amendment about
public entities being able to be sponsors and stated the change is reflected
in the definition for sponsors on page 11 of Exhibit A under a new section
D of Chapter 20.97.
Browne'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 2021-055
2. AB202 I 414 Ordinance granting Cascade Natural Gas Corporation a franchise for the
transportation of natural gas in Whatcom County
This agenda item was WITHDRAWN.
3. AB2021-503 Resolution authorizing the sale of surplus personal property pursuant to WCC 1.10
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 2021-038
4. AB2021-5,08_ Ordinance for Installation of a Stop Sign on Northshore Road
Jim Karcher, Public Works Department, stated he was available for
questions.
Buchanan opened the Public Hearing and the following person spoke:
• Bruce Parelskin
Hearing no one else, Buchanan closed the Public Hearing.
Frazey 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
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Nay: 0
Absent: 0
Enactment No: ORD 2021-056
5. AB202_1--515. Resolution in the matter of the Whatcom County Six -Year Transportation
Improvement Program (STIP) for the years 2022 through 2027
Jim Karcher, Public Works Department, stated he did not have a report.
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 2021-039
6. AD2021_- 1 F 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)
Kraig Olason, Public Works Department, stated he did not have a report.
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Hearing.
Donovan moved and Byrd 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 2021-040
7. A,I,2021__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"
Amy Dearborn, Planning and Development Services Department, briefed
the Councilmembers.
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Buchanan opened the Public Hearing and the following people spoke:
• Wendy Harris
• Dena Jensen
Hearing no one else, Buchanan closed the Public Hearing.
Donovan moved to accept the Wildlife Advisory Committee's
recommendation to designate the Western Toad (also known as boreal toad)
(Anaxyrus [formerly Bufo] boreas), the Coastal Tailed Frog (Ascaphus
truei), Townsend's Big -Eared Bat (Coryrhinus townsendii), and the Elk
(Cervus elaphus) as species of local importance. The motion was seconded
by Frazey.
Councilmembers and staff discussed the motion.
Robert Waddell, Washington Department of Fish and Wildlife, spoke about
issues with elk.
Kershner moved to amend the motion to remove the Elk from the list. The
motion was seconded by Browne.
The motion to amend carried by the following vote,
Aye: 4 - Browne, Buchanan, Byrd, and Kershner
Nay: 3 - Donovan, Elenbaas, and Frazey
Donovan's motion that species be APPOINTED AS AMENDED carried by
the following vote:
Aye: 4 - Browne, Buchanan, Donovan, and Frazey
Nay: 3 - Byrd, Elenbaas, and Kershner
Absent: 0
OPEN SESSION (20 MINUTES)
The following people spoke:
• Sarah (last name not given)
• Cutzi Jobes
• Dena Jensen
• Kathy Sabel
• David Spring
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• Lonnie Brogan
• Ken Domorod
• Tyler Zmolek
• Lindy McDonough
• Wendy Harris
• Melissa Wisener
• Misty Flowers
• Markis Dee Stidham
• Shannon Wallace
• Jared Petterson
• Gail Adderley
• Enoch Mann
• Sarah Rose
• Shean Halley
• Nancy Bergman
• Natalie Chavez
• Jean Purcell
• Rebecca Wilson
• Chad Butenschoen
• Stacey Dailey
• Kamal Bhachu
Councilmembers discussed a point of order about speakers making mention
of candidacy for office and the following people answered questions:
• Dana Brown -Davis, Clerk of the Council
• Karen Frakes, Prosecuting Attorney's Office
Open session comments continued with:
• Kamal Bhachu
• Shaz
• Louis Burrell
• Tawni Hickman
• Mary Stidham
• Hannah Ortis
• Desiree Espericueta
• Renee Norton
Hearing no one else, Buchanan closed the Open Session.
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CONSENT AGENDA
(From Council Finance and Administrative Services Committee)
Browne reported for the Finance and Administrative Services Department
and moved to approve item numbers 1 and 3-11.
Byrd moved to also remove item number 9 (AB2021-542) from the
Consent Agenda.
Browne amended his motion and moved to approve Consent Agenda item
numbers 1, 3, 4, 5, 6, 7, 8, 10, and 11.
Councilmembers discussed the motion.
See motion and votes on each individual item below.
1. AB20'? 1--488_ Request authorization for the County Executive to execute a contract amendment
between Code Publishing Company and Whatcom County for legal code publishing
services
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. AB2021-513_ Request authorization for the County Executive to enter into a transfer option
agreement between Whatcom County and Opportunity Council for the property
located at Laurel and Forest streets for the appraised amount of $1,230,000
See action on this item below after the Consent Agenda.
See action on this item below after the Consent Agenda.
3. AB2021-517 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Department of Ecology for solid
waste planning and implementation activities, in the amount of $732,835
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
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Nay: 0
Absent: 0
4. AB2021-526 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Department of Commerce for
FY18 Justice Assistance Grant, in the amount of $155,053.00
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: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
5. AB2021-529 Request approval for the County Executive to enter into an agreement with
Washington State Recreation and Conservation Office in order to secure matching
funds for the VanderWerff Agricultural Conservation Easement through the
Conservation Easement Program
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
6. A132(}21-5"0 Request approval for the County Executive to enter into an agreement with the
Washington State Recreation and Conservation Office in order to secure matching
funds for the Moors Forestry Conservation Easement through the Conservation
Easement Program
Browne reported for the Finance and Administrative Services Committee and
moved that the Agreement 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. AB2021-532_ Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Department of Children, Youth,
and Families for high quality home visiting services to vulnerable families, in the
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amount of $355,339
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,-540 Request approval for the County Executive to enter into an agreement with the United
States Department of Interior, Geological Survey in the amount of $145,225 (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 BY CONSENT. The
motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
9. AB2021-542 Request approval for the County Executive to enter into an interagency agreement
between the State of Washington Puget Sound Partnership and the Whatcom County
Flood Control Zone District, acting as the fiscal agent for the Local Integrating
Organization (LIO) to coordinate the County LIO (Council acting as the Flood
Control Zone District Board of Supervisors)
See action on this item below after the Consent Agenda.
See action on this item below after the Consent Agenda.
10. AB2021 554. Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Northwest Youth Services to support operations at
the Ground Floor Day Use Center in the amount of $10,000 for a total amended
contract amount of $145,000
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
11. AB2021-557 Request authorization for the County Executive to enter into a contract amendment
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between Whatcom County and Catholic Community Services to provide behavioral
health support at Francis Place and other permanent supportive housing programs in
the amount of $60,757 for a total amended contract amount of $306,173
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, 56" Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and 66 Hospitality Group to extend the agreement for an
additional three months
See action on this item below after the Consent Agenda.
See action on this item below after the Consent Agenda.
2. iW 20211-513 Request authorization for the County Executive to enter into a transfer option
agreement between Whatcom County and Opportunity Council for the property
located at Laurel and Forest streets for the appraised amount of $1,230,000
Browne reported for the Finance and Administrative Services Committee
and stated that this item was forwarded to Council without a
recommendation from the committee.
Donovan moved and Frazey seconded that the Contract be AUTHORIZED.
Tyler Schroeder, Executive's Office, discussed with Councilmembers what
happens if the Councilmembers vote no on this item, and Councilmembers
discussed the motion, whether the cost of the property should be reduced to
cover the cost of relocating the Washington State University (WSU)
Extension facility, whether approving this right now helps the Opportunity
Council's project to go forward, which option would help the Opportunity
Council with tax credits, and what the $1.2 million in the general fund
would be allocated for.
Donovan's motion that the Contract be AUTHORIZED carried by the
following vote:
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 1 - Byrd
Absent: 0
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9. AB2.021-542 Request approval for the County Executive to enter into an interagency agreement
between the State of Washington Puget Sound Partnership and the Whatcom County
Flood Control Zone District, acting as the fiscal agent for the Local Integrating
Organization (LIO) to coordinate the County LIO (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:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 2 - Byrd, and Elenbaas
Absent: 0
12. AB2021-562 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and G6 Hospitality Group to extend the agreement for an
additional three months
Browne reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED.
Kathleen Roy, Health Department, answered what happened to the plan to
have a regional facility that was paid for by the State.
Browne's motion that the Contract be AUTHORIZED carried by the following
vote:
Aye: 4 - Browne, Buchanan, Donovan, and Frazey
Nay: 3 - Byrd, Elenbaas, and Kershner
Absent: 0
OTHER ITEMS
(From Council Finance and Administrative Services Committee)
1. AB2021--512 Ordinance amending the 2021 Whatcom County Budget, request no. 14, in the
amount of $315,947
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
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Enactment No: ORD 2021-057
2. 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 reported for the Finance and Administrative Services Committee
and moved that the Resolution be approved.
The motion carried by the following vote:
Aye: 7 - Kershner, Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
Nay: 0
Clerk's note: This vote on this item was reconsidered. See final vote on this
item below.
This agenda item was voted on 7-0 and then RECONSIDERED later in the
meeting.
Enactment No: RES 2021-041
The vote on this item was reconsidered. See final vote on this item below.
3. A132021-527 Request approval for the County Executive to enter into an agreement with Cascadia
Policy Solutions, LLC, for the purpose of developing and implementing a
collaborative water solutions table in the amount of $190,000 (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.
Elenbaas stated that he would like to vote again on the previous item
(AB2021-522) so Councilmembers went back to that item (see vote on
AB2021-527 below).
See vote on this item below.
2. AB 02 ]_-, 22 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)
Elenbaas moved to reconsider A132021-522. The motion was seconded by
Byrd.
The motion to reconsider carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Kershner, and Browne
Nay: 0
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Browne moved and Buchanan seconded that the Resolution (FCZDBS) be
APPROVED.
The following people answered questions about what the money for this
item would be used for and why this does not include some of the
stakeholders and water users:
• Paula Harris, Public Works Department
• Tyler Schroeder, Executive's Office
Browne's motion that the Resolution (FCZDBS) be APPROVED carried by
the following vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 2 - Byrd, and Elenbaas
Absent: 0
Enactment No: RES 2021-041
4. AB2021-533 Request approval for the County Executive to enter into an agreement with Kramer
Consulting, Inc. for facilitation services for the WRIA 1 Drainage Based Management
Pilot Project in the amount of $100,000 (Council acting as the Flood Control Zone
District Board of Supervisors)
Browne read this into the record then they realized that they skipped
AB2021-527 so they stopped and went to that item.
See vote on this item below.
See vote on this item below.
3. h,,B2021-527 Request approval for the County Executive to enter into an agreement with Cascadia
Policy Solutions, LLC, for the purpose of developing and implementing a
collaborative water solutions table in the amount of $190,000 (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.
Donovan moved to that this item be HELD IN COMMITTEE. The motion
was seconded by Byrd.
Councilmembers discussed the motion.
Donovan stated he would like to hold it for two weeks.
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Donovan's motion that the Contract (FCZDBS) be HELD and REFERRED
TO COMMITTEE carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
4. A132021-5 43 Request approval for the County Executive to enter into an agreement with Kramer
Consulting, Inc. for facilitation services for the "IA I Drainage Based Management
Pilot Project in the amount of $100,000 (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.
Councilmembers discussed the motion.
Paula Harris, Public Works Department, spoke about the contract and
answered questions about the consultant.
Browne's motion that the Contract (FCZDBS) be AUTHORIZED carried by
the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
5. A132021-534 Request Council approval of the 2021-2023 Criminal Justice Treatment Account Plan
Update
Browne reported for the Finance and Administrative Services Committee
and moved that the Request be APPROVED.
Elenbaas asked what the dollar amount is.
Browne's motion that the REQUEST be APPROVED carried by the following
vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
6. A132021__545 Request authorization for County Executive to enter into an Interlocal Grant
Agreement between Whatcom County and the Administrative Office of the Courts to
reimburse Whatcom County for extraordinary costs associated with the Blake
decision in the amount of $1,790,621
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Browne reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED.
Councilmembers discussed the motion.
The following people answered questions:
• Tyler Schroeder, Executive's Office
• Karen Frakes, Prosecuting Attorney's Office
They answered questions whether the money goes to both District and
Superior Court, and whether there would be a non-discrimination agreement
with the money.
Browne's motion that the Interlocal be AUTHORIZED carried by the
following vote:
Aye: 5 - Browne, Buchanan, Byrd, Donovan, and Frazey
Nay: 2 - Elenbaas, and Kershner
Absent: 0
7. AB2021_.551 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Opportunity Council to operate the Whatcom
Homeless Service Center in the amount of $162,400 for a total amended contract
amount of $1,113,951
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
8. A132021.._ 555. Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Pacific Security to provide COVID-related security
services in the amount of $51,752 for a total amended contract amount of $123,488
Browne reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED. The motion carried by the
following vote:
Aye: 4 - Browne, Buchanan, Donovan, and Frazey
Nay: 3 - Byrd, Elenbaas, and Kershner
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Absent: 0
(From Council Planning and Development Committee)
9. A1_32021._424 Ordinance adopting amendments to the Whatcom County Code Title 20, Zoning to
allow and regulate Battery Energy Storage Systems
Elenbaas reported on the Planning and Development Committee and
moved that the Ordinance be HELD IN COMMITTEE.
Councilmembers discussed the motion and Dana Brown -Davis, Clerk of the
Council, answered questions about agenda process.
Elenbaas moved that the Ordinance be HELD IN COMMITTEE and sent to
Council Planning and Development Committee. The motion carried by the
following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
(From Council Committee of the Whole)
10. A[3202iResolution regarding permanent affordability of childcare in Whatcom County
Buchanan reported for the Committee of the Whole and moved to extend the
deadline to October 15 (this would hold the item in committee). The motion
carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
11, A132021_.-5w25 Discussion and request for Council motion regarding request for proposals (RFP) for
independent review of the response to the COVID-19 pandemic
Buchanan reported for the Committee of the Whole.
Cathy Halka, Council Legislative Analyst, briefed the Councilmembers.
Buchanan moved to approve the document titled Substitute Draft Scope for
9.28 as listed as attachment #3 on this file in the Legislative Information
Center.
The motion carried by the following vote:
Aye: 7 - Elenbaas, Frazey, Kershner, Browne, Buchanan, Byrd, and Donovan
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Nay: 0
This agenda item was DISCUSSED AND MOTION(S) APPROVED.
12. AB2,021 � 2.8 Resolution approving the Water District 13 Small Water System Management Plan
Buchanan reported for the Committee of the Whole 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 2021-042
(No Committee Assignment)
13. AB2021-538 Resolution setting regular Whatcom County Council meeting dates for 2022
Frazey moved and Byrd seconded that the Resolution be APPROVED.
Councilmembers discussed the motion and why there are three meetings
scheduled in May.
Kershner moved to strike May 31 from the proposed agenda dates. The
motion was seconded by Byrd.
Dana Brown -Davis, Clerk of the Council, answered whether they would still
have the required number of meetings.
Frazey moved and Donovan seconded that the Resolution be HELD IN
COUNCIL to give opportunity for the Clerk to come up with a date to strike
from the schedule for next year.
Councilmembers discussed the motion and Brown -Davis stated she could
rework the schedule and bring back a couple options.
Frazey's motion that the Resolution be HELD IN COUNCIL carried by the
following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: RES 2021-043
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COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. AB2021.. 3.59 Council appointment to fill vacancies on the Drayton Harbor Shellfish Protection
District Advisory Committee - Applicant(s): Ravyn Whitewolf and Charlie Hawkins
Donovan moved to appoint both applicants. The motion was seconded by
Byrd.
Dana Brown -Davis, Clerk of the Council, stated a motion for a waiver of the
one-year requirement would be needed.
Donovan moved to waive the interim period for being off the board for the
nominee Charlie Hawkins but there was already a motion on the floor.
Donovan withdrew his motion to appoint.
Donovan moved to waive the interim period on the Drayton Harbor
Shellfish Protection District Advisory Committee so Charlie Hawkins
would be eligible to be an applicant for this position. The motion was
seconded by Byrd.
Brown -Davis answered how long the position was advertised and whether
any other applicants were received.
The motion to waive carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 0
Abstain: 1 - Elenbaas
Councilmembers discussed the item further.
Byrd moved and Frazey seconded that both applicants be APPOINTED. 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
T12011-54 Request confirmation of the County Executive's appointment of Elizabeth Lorence to
the Marine Resources Committee
Donovan moved and Byrd seconded that the Executive Appointment be
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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
1. A132021-55 %8 Request authorization for the Whatcom. County Prosecutor's Office to join Whatcom
County with several other counties and the Washington State Association of Counties
as a plaintiff in Benton County, et al. v. State of Washington filed in the King County
Superior Court, an action seeking a declaratory judgment regarding obligations under
State v. Blake
Karen Frakes, Prosecuting Attorney's Office, briefed the Councilmembers
and answered questions (after the vote).
Councilmembers discussed the item.
Byrd moved and Buchanan 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
INTRODUCTION ITEMS
Buchanan stated that AB2021-549 has a substitute (see note on this below).
Donovan moved to introduce items one through seven. The motion was
seconded by Byrd (see votes on individual items below).
Dana Brown -Davis, Clerk of the Council, confirmed that it is AB2021-547
that has a substitute.
1. AB2021--547 Ordinance amending the 2021 Whatcom County Budget, request no. 15, in the
amount of $859,440
Donovan moved and Byrd seconded that the SUBSTITUTE Ordinance be
INTRODUCED. 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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Enactment No: ORD 2021-062
2. AB-2.1)2 � .--5=�9. Ordinance establishing the Central Plaza Tenant Improvements Fund and establishing
a project based budget for the Central Plaza Tenant Improvements Project
Donovan moved and Byrd 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 2021-063
3. A.132021._561 Ordinance amending Ordinance No. 2021-045 (Review of Response to COVID-19
Pandemic)
Donovan moved and Byrd 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 2021-064
4. A.1320" 1-185 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 Byrd 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 2021-061
5. AB202..1Ordinance adopting amendments to the Six -Year Capital Improvement Program for
Whatcom County Facilities (2021-2026)
Donovan moved and Byrd 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
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Nay: 0
Absent: 0
Enactment No: ORD 2021-058
6. AB202.1 w543 Ordinance adopting Zoning amendments relating to density credits in the UR4 zone in
the Birch Bay UGA, density credits for accessory dwelling units, and modifying the
minimum lot size, width, depth and other requirements in the Urban Residential zone
Donovan moved and Byrd 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 2021-059
7. A132021,-544 Ordinance adopting amendments to the Unified Fee Schedule relating to density credit
fees for increasing the size of accessory dwelling units
Donovan moved and Byrd 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 2021-060
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Buchanan reported for Committee of the Whole Executive Session and
stated there was a motion to read into the record.
Karen Frakes, Prosecuting Attorney's Office, answered a question about
Browne proposing an alternative motion.
Browne read a statement and moved to reject further negotiations and refer
the matter back to the courts for adjudication. The motion was seconded by
Elenbaas.
Councilmembers discussed Browne's motion.
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Christopher Quinn, Prosecuting Attorney's Office, spoke and
Councilmembers continued to discuss the motion.
The motion failed by the following vote:
Aye: 1 - Browne
Nay: 6 - Frazey, Kershner, Buchanan, Byrd, Donovan, and Elenbaas
Councilmembers discussed with Quinn and Frakes how to proceed with the
item.
Donovan moved the following:
I hereby move to authorize the Executive to enter into the settlement
agreement as described by Mr. Quinn. The motion was seconded by Byrd.
Councilmembers discussed the motion.
Buchanan read Donovan's full motion from Committee of the Whole
Executive Session into the record:
I hereby move to authorize the Whatcom County Executive to enter into the
settlement agreement negotiated by the District and the Plaintiffs in the
matter of Ericksen v. Whatcom County Flood Control Zone District,
Whatcom County Superior Court cause no. 20-2-00650-37.
The motion carried by the following vote:
Aye: 6 - Kershner, Buchanan, Byrd, Donovan, Elenbaas, and Frazey,
Nay: 1 - Browne
Councilmembers continued to give committee reports.
Buchanan reported for the Criminal Justice and Public Safety Committee
and moved to re-engage the Stakeholder Advisory Committee members and
re -affirm the principles in the resolution (Res 2019-036). The motion was
seconded by Donovan.
The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
After the other committee reports, Councilmembers discussed other
topics, including the location of the WSU Extension, the Bellingham City
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Council having public sessions on dates opposite of their public meetings,
the fact that Whatcom County Council has not mandated any vaccines to
date, and COVID-19 policies concerning keeping kids in school and
employees working.
Tyler Schroeder, Executive's Office, answered questions about the WSU
Extension.
Approved motions in Committee Reports:
The following motion was approved 6-1 (with Browne opposed): I hereby move to authorize the Whatcom County
Executive to enter into the settlement agreement negotiated by the District and the Plaintiffs in the matter of Ericksen
Whatcom County Flood Control Zone District, Whatcom County Superior Court cause no. 20-2-00650-37.
A motion was approved 7-0 to re-engage the Stakeholder Advisory Committee members and re -affirm the principles
in the resolution (Res 2019-036).
ADJOURN
The meeting adjourned at 11:12 p.m.
The County Council approved these minutes on October 12, 2021.
ATTEST:
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Dana Br4wijt,,Q v'is5--C90nriI Clerk
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Kristi Felbinger, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
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