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Home My WebLink AboutCouncil Oct 12 2021Whatcom County Council COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 Minutes - Final Tuesday, October 12, 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 October 12, 2021 COUNTY COUNCIL CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 6:01 p.m. in a virtual meeting. ROLL CALL Present: 7 - Rud Browne, Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey, and Kathy Kershner Absent: None FLAG SALUTE ANNOUNCEMENTS The Council is accepting applications to fill vacancies on the Stakeholder Advisory Committee for the Justice Project from citizens and criminal justice advocates. If you are interested 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 would like to discuss a resolution regarding opening the border at Point Roberts. The Councilmembers concurred to add it under the Committee Reports, Other Items, And Councilmember Updates section of the Agenda. MINUTES UTES CONSENT Frazey moved to accept the minutes consent items. The motion was seconded by Donovan (see votes on individual items below). 1. MIN2021-076 Committee of the Whole Executive Session for September 28, 2021 Frazey 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. MIN2021-077 Committee of the Whole for September 28, 2021 Frazey moved and Donovan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Whatcom County Page I Printed on 1012712021 Council Minutes - Final October 12, 2021 Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 3. MIN2021-078 Regular County Council for September 28, 2021 Frazey 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, l B202_i-539 Ordinance adopting amendments to the Six -Year Capital Improvement Program for Whatcom County Facilities (2021-2026) Mark Personius, Planning and Development Services Department Director, briefed the Councilmembers. 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. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Enactment No: ORD 2021-058 2. AB2021 543 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 Mark Personius, Planning and Development Services Department Director, briefed the Councilmembers. Buchanan opened the Public Hearing and, hearing no one, closed the Public Hearing. Wkntcom County Pa$e 2 Printed on 1012712021 Council Minutes - Final October 12, 2021 Byrd moved and Frazey seconded that the Ordinance Requiring a Public Hearing be ADOPTED. Personius answered whether this can be applied to other jurisdictions other than the area nntPd in Wreh Ray hnw to rrenfi n rnnmty TTr11an C:rnurfh Area (UGA) as opposed to one a city would put in place, whether this includes the expanded size on the Accessory Dwelling Units (ADUs), and whether it would extend to any of the rural zones where ADUs are allowed. Satpal Sidhu, County Executive, urged Council to take up this matter next year and stated we need these kinds of policies throughout the county, including the cities. Councilmembers discussed the item and Sidhu's suggestion. 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 Enactment No: ORD 2021-059 3. AB202 t -544. Ordinance adopting amendments to the Unified Fee Schedule relating to density credit fees for increasing the size of accessory dwelling units Mark Personius, Planning and Development Services Department Director, briefed the Councilmembers and answered a question about what the fee was before. 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. 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 4. A132021�_-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 Buchanan opened the Public Hearing and the following person spoke: Whatcom County Page 3 Printed on 1012712021 Council Minutes - Final October 12, 2021 • Tino Villaluz Byrd moved for the right to ask a question of the speaker. Councilmembers discussed the motion and whether the rules allow for questions of the speakers during public hearings. The following people answered a question about being able to ask questions of speakers: • Dana Brown -Davis, Clerk of the Council • Karen Frakes, Prosecuting Attorney's Office Byrd stated his request does not require a vote and was permitted by the Chair to ask a question. He proceeded with asking Villaluz about the version of the ordinance which is being considered. Councilmembers discussed the rules again then continued the public hearing and the following people spoke: • Frank Bob • Ken Domorod Hearing no one else, Buchanan closed the Public Hearing. Browne moved and Byrd seconded that the Ordinance Requiring a Public Hearing be ADOPTED. Councilmembers discussed the motion. Browne's motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote: Aye: 4 - Browne, Byrd, Elenbaas, and Kershner Nay: 3 - Buchanan, Donovan, and Frazey Absent: 0 Enactment No: ORD 2021-061 5. AB2021-414 Ordinance granting Cascade Natural Gas Corporation a franchise for the transportation of natural gas in Whatcom County Buchanan opened the Public Hearing and the following people spoke: W tatcom County Page 4 Printed on 1012712021 Council Minutes - Final October 12, 2021 • David Gutschmidt • Simon Bakke i ivua aalg 113 Vela. V10%V' LaiV11(111"11 V1ViJVU Um 1 UU11V 11VQ1111�'. Donovan moved that this item be tabled in order for Whatcom County Public Works Department to continue negotiating the franchise agreement with Cascade Natural Gas in order to reconsider the terms of the agreement including but not limited to the length of the agreement. And note that Council requests that Public Works consult with members of the Climate Impact Advisory Committee during this process. The motion was seconded by Frazey. Councilmembers discussed the motion and Satpal Sidhu, County Executive, spoke. The motion carried by the following vote: Aye: 4 - Frazey, Browne, Buchanan, and Donovan Nay: 3 - Elenbaas, Kershner, and Byrd Byrd made a point of order that a motion to table requires a supermajority to pass. Donovan moved that they hold this in order for Whatcom County Public Works Department to continue negotiating the franchise agreement with Cascade Natural Gas in order to reconsider the terms of the agreement including hilt not limited to the length of the agrr emr nt And note *hat D b.... ....4n v...va. �. Council requests that Public Works consult with members of the Climate Impact Advisory Committee during this process. Councilmembers discussed the motion and how much time is needed for the request. Andrew Hester, Public Works Department, answered the question about time needed. Donovan amended his motion to hold the item until the second meeting in January. They can change it if more time is needed. Councilmembers discussed the motion and Hester answered questions. Christopher Quinn, Prosecuting Attorney's Office, suggested that they hold HUtcom County Page 5 Printed on 1012712021 Council Minutes - Final October 12, 2021 a committee work session to provide guidance on changes they would like to see such as term and franchise fees. Byrd suggested a friendly amendment to hold this until the next Planning and Development or Natural Resources Committee meeting so that Mr. Quinn and the rest of the staff can ask the questions he just expressed. Donovan did not accept the friendly amendment. Donovan's motion carried by the following vote: Aye: 6 - Kershner, Browne, Buchanan, Byrd, Donovan, and Frazey Nay: 1 - Elenbaas Final action for this agenda item was: HEARD PUBLIC TESTIMONY AND HELD (see full motion above). OPEN SESSION (20 MINUTES) The following people spoke: • Robert Bystrom • Melissa Wisener • David Spring • Janet Migaki • Ray Deck III • Ken Domorod • Megan Wiseman • Shannon Wallace • Skip Hamilton • Kelley Bouma • Misty Flowers • Jacqueline Soler • Richard Tran • Cynthia Thompson • Christie Duque • Rebecca Wilson • Jim (no last name given) • Nancy Bergman • Jean Purcell • Sarah Rose • Natalie Chavez • Helga Deliban "liatcone County Page 6 Printed on 1012712021 Council Minutes - Final October 12, 2021 • Clayton Duke • Megan Jones • Nancy Hill • Renee Norton • Hannah Ordos • Enoch Mann • Gail Adderley 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 eight. Councilmembers voted on those items (see votes on individual items below). 1. AB2021-563. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Blaine for FY2020 Operation Stonegarden (OPSG), in the amount of $31,923.00 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. 1 2021 5564 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Everson for FY2020 Operation Stonegarden (OPSG), in the amount of $43,500.00 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 3. AB202 l -.565. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Ferndale for FY2020 Operation Wllatcont County page 7 Printed on 1012712021 Council Minutes - Final October 12, 2021 Stonegarden (OPSG), in the amount of $63,732.50 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. AB2021-566 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Lynden for FY2020 Operation Stonegarden (OPSG), in the amount of $65,000.00 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 5. A132021-56 / Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Sumas for FY2020 Operation Stonegarden (OPSG), in the amount of $44,927.50 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. AB2021w-568 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Washington Department of Fish and Wildlife for FY2020 Operation Stonegarden (OPSG), in the amount of $27,335.00 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 Whatcour County Page 8 Printed on 1012712021 Council Minutes - Final October 12, 2021 Absent: 0 7. AB2021-558 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Bennett Engineering to perform environmental monitoring and sampling of closed landfills, in the amount of $62,683 for a total amended contract amount of $168,517 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: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 8. AB2021 589 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Youth Services to provide housing case management services in the amount of $33,977 for a total amended contract amount of $212,748 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: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 OTHER ITEMS (From Council Finance and Administrative Services Committee) 1. AB2021-527 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. Councilmembers discussed the item. Browne's motion that the Contract (FCZDBS) be AUTHORIZED carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Whatcom County Page 9 Printed on 1012712021 Council Minutes - Final October 12, 2021 Nay: 1 - Elenbaas Absent: 0 2. A132021-54 Ordinance amending the 2021 Whatcom County Budget, request no. 15, in the amount of $859,440 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: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 Enactment No: ORD 2021-062 3. A132021-549 Ordinance establishing the Central Plaza Tenant Improvements Fund and establishing a project based budget for the Central Plaza Tenant Improvements Project 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 Nay: 1 - Elenbaas Absent: 0 Enactment No: ORD 2021-063 4. A B2021-5 79 Request approval for the County Executive to enter into an interagency agreement between Whatcom County Flood Control Zone District and the State of Washington Department of Ecology for Whatcom Marine Resources Committee (MRC) Operations and Projects (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 Contract (FCZDBS) be AUTHORIZED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 "llatcom County Page 10 Printed on 10/2712021 Council Minutes - Final October 12, 2021 Absent: 0 5. AB202.1,-580 Request permission for the County Executive to enter into a Joint Funding Agreement between the Whatcom County Flood Control Zone District (FCZD) and the United States Geological Survey (USGS) (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: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 6. A£32021-5581. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and the State of Washington Department of Health to provide funding to implement the Whatcom County Enhanced Pollution Indentification and Correction Program in the amount of $580,000 for a total amended contract amount of $1,627,732 (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 Contract (FCZDBS) be AUTHORIZED. Councilmembers voted (see votes below). After the vote Councilmembers discussed the goals and measurables in the contract. 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 7. A2021 58 7, Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Bellingham, in the amount of $250,000 for Whatcom County's share of this reimbursement for the design of West Horton Road extension Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. The motion carried by the following vote: Whatcom Conn{p Page 11 Printed on 1012712021 Council Minutes - Final October 12, 2021 Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Abstain: 1 - Browne (From Council Committee of the Whole) 8. A13202-1_. 61 Ordinance amending Ordinance No. 2021-045 (Review of Response to COVID-19 Pandemic) Browne reported for the Committee of the Whole. Browne moved and Donovan seconded that the 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 2021-064 9. AB2021 -209 Resolution regarding permanent affordability of childcare in Whatcom County Buchanan reported for the Committee of the Whole. Councilmembers discussed the item, whether it should be held in Council and what additional information they would like to get including: • Getting more concrete examples of costs • Sources of sustainable funding going forward after using the American Rescue Plan Act (ARPA) funds • Looking at the median wage in Whatcom County to determine how much the cost of childcare should be and whether the proposed items will have an impact on driving the cost down Councilmembers discussed first determining what is viable under law and then letting the task force know, working on solutions that will stick when the money runs out, and a concern about creating a short-term benefit to the current players but a long-term detriment to the community. Satpal Sidhu, County Executive, stated they are not spending the money now, just making allocations. Affordable housing also needs attention and is more permanent and sustainable. Balance the expectations in the community for both of these needs. Olt atcom County Page 12 Printer[ on 1012712021 Council Minutes - Final October 12, 2021 Councilmembers continued to discuss the item. Byrd moved to reach out to Western Washington University's (WWU) F,connmicc Denartment and ask thnt thev review the sntrQectinnc and r-.nmP back with a report on what would have the biggest impact and what might not have a good impact at all so we can figure out what the best options are. The motion was seconded by Elenbaas. Councilmembers discussed the motion. Byrd restated his motion and moved to request Western Washington University's Economic development team to the review the options in the industry and provide feedback on which items or action would have the biggest impact. Councilmembers continued to discuss the motion and which department he intended in his motion. Donovan stated it is the Center for Economic and Business Research. Satpal Sidhu, County Executive, suggested they give it back to the task force to find a source and firm up their numbers. After more discussion, Byrd withdrew his motion and referred it to the task force. Buchanan stated he would like to do another work session with the task force. One could be scheduled for the next meeting. Councilmembers discussed getting feedback from Health Department staff and ways to create more childcare capacity. Councilmembers concurred to refer this item to an October 26 work session. This agenda item was REFERRED TO COMMITTEE. (No Committee Assignment) 10. AB2021-538 Resolution setting regular Whatcom County Council meeting dates for 2022 Frazey moved and Donovan seconded that the Resolution (Option 3) be APPROVED. whatcom County Page 13 Printed on 1012712021 Council Minutes - Final October 12, 2021 Dana Brown -Davis, Clerk of the Council, explained the difference between the three options and Councilmembers discussed the motion. Frazey's motion that the Resolution (Option 3) be APPROVED carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Enactment No: RES 2021-043 INTRODUCTION ITEMS Byrd moved and Donovan seconded that items 1-5 be introduced. Kershner stated she would like to consider AB2021-590 separately so the first motion was withdrawn. Donovan moved to introduce items 1, 2, 4, and 5. The motion was seconded by Browne (See votes on individual items below). 1, AB2021-582 Ordinance amending the 2021 Whatcom County Budget, request no. 16, in the amount of $411,953 Donovan moved and Browne seconded that the Ordinance be INTRODUCED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Enactment No: ORD 2021-067 2. AB2021-572 Ordinance amending Whatcom County Code 12.20 Road Vacations to update procedures for processing petitions Donovan moved and Browne 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 2021-065 Whatcont County Page 14 Printed on 1012712021 Council Minutes - Final October 12, 2021 3. AB2021-.590 Ordinance imposing a second interim moratorium on the acceptance and processing of permit applications for new or expanded recreational cannabis growing and/or processing facilities which are proposed to operate outdoors or in greenhouses Enactment No: ORD 2021-066 This item was considered separately. See motion and vote on item below. 4. B20 t-576, Resolution adopting the 2022 Annual Construction Program (ACP) Donovan moved and Browne 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 2021-045 5. AB2021_-583. Resolution amending the Flood Control Zone District & Subzones 2021 budget, request no. 4, in the amount of $855,502 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) Donovan moved and Browne seconded that the Resolution (FCZDBS) be INTRODUCED. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Abacut: v Enactment No: RES 2021-047 3. A13202,1-590 Ordinance imposing a second interim moratorium on the acceptance and processing of permit applications for new or expanded recreational cannabis growing and/or processing facilities which are proposed to operate outdoors or in greenhouses Donovan moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. Councilmembers discussed the motion, finding out from the Planning and Development Services Department what density of marijuana facilities we have in Whatcom County versus other counties, and how close they are to ironing out the permanent ordinance. Dana Brown -Davis, Clerk of the Council, stated the next stop for this file Whatcom County Page 15 Printed on 1012712021 Council Minutes - Final October 12, 2021 would be a public hearing at the next meeting and asked if they would like to schedule it for discussion in committee that day to get questions answered. She answered which ordinance (this one or the one with proposed code language) would be discussed in Committee. Councilmembers concurred to schedule this file for the Planning and Development Committee. Donovan's motion that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING carried by the following vote: Aye: 5 - Browne, Buchanan, Byrd, Donovan, and Frazey Nay: 2 - Elenbaas, and Kershner Absent: 0 Enactment No: ORD 2021-066 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES Councilmembers gave committee reports. Buchanan reported on the Criminal Justice and Public Safety Committee and a motion to reconvene on October 19 to discuss Superior Court vaccine mandates. Buchanan moved that the Council reconvene on this subject (Superior Court vaccine mandates) when we have legal counsel available next Tuesday, October 19. The motion was seconded by Byrd. Karen Frakes, Prosecuting Attorney's Office, addressed a comment about having an attorney present that is outside of having a conflict of interest. Councilmembers discussed the motion and the time for the meeting (10:30 a.m.). The motion carried by the following vote: Aye: 7 - Kershner, Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey Nay: 0 Councilmembers continued reports from Committee. AB2021-597 Resolution requesting a Presidential Executive Order to open the border to allow access to Canadian property owners in Point Roberts USA Satpal Sidhu, County Executive, briefed the Councilmembers and answered questions. Whatcom County Page 16 Printed on 1012712021 Council Minutes - Final October 12, 2021 He and Councilmembers discussed whether the resolution is still needed since the news is reporting that the United States is going to relax the restrictions on the border in early November. Buchanan moved and Byrd seconded 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 2021-044 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES Continued Councilmembers and Satpal Sidhu, County Executive, discussed whether there would be support for a ban on vaccine mandates in our community, parliamentary motions and procedure for interacting with speakers during a public hearing, getting a Health Department update, and what it will take to get out of the emergency (COVID-19). Action Taken in COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES: Motion approved 7-0 that the Council reconvene on Superior Court vaccine mandates when we have legal counsel available next Tuesday, October 19. ADJOURN The meeting adjourned at 10:53 p.m. The County Council approved these minutes on October 26, 2021. ATTEST-,-,-. Dana $rovyp=Travis; 68m. cil Clerk FPLb i n Kristi Felbinger, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA BarryVIanan,"&unciK Chair "atcom County Page 17 Printed on 1012712021