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HomeMy WebLinkAboutCouncil Dec 7 2021Whatcom County Council COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 Minutes - Final Tuesday, December 7, 2021 6PM Virtual Meeting VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010); AGENDA REVISED 12.6.2021 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 December 7, 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 Whatcom County Council and County Executive are seeking applications from county residents who want to participate on citizen advisory boards and committees that span a wide range of important local issues. Applications are due 10:00 a.m. on Tuesday, January 4, 2022. A complete list of vacancies is on the County website. Applicants must be residents and registered voters in Whatcom County, and must also meet the specific requirements of the positions. SPECIAL PRESENTATION TO COUNCILMEMBER BROWNE Buchanan presented a certification of recognition, gratitude, and appreciation to Councilmember Browne for his eight years of service as a Whatcom County Councilmember. Browne read parting remarks into the record and fellow Councilmembers conveyed to him their thoughts, thanks, and best wishes. Clerk's note: Byrd joined the meeting sometime after 6 p.m. Tyler Schroeder, Executive's Office, also thanked Councilmember Browne on behalf of the County Administration. COUNTY EXECUTIVE'S REPORT There was no Executive Report. EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 1. AB2021-722 Request confirmation of the County Executive's appointment of Allison Hunt, M.D. to serve as Whatcom County Medical Examiner Whatcom County Page 1 Printed on 111312022 Council Minutes - Final December 7, 2021 Browne moved and Donovan seconded that the Executive Appointment be CONFIRMED. Allison Hunt, Whatcom County Medical Examiner appointee, introduced herself to the Councilmembers and answered whether she will continue to work for Skagit County. Browne'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 MINUTES CONSENT Kershner moved to accept the minutes consent items and thanked the former Medical Examiner. The motion was seconded by Donovan (see votes on individual items below). 1. MIN2021-088 Special Council for November 17, 2021 Kershner moved and Donovan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 2. MIN2021-089 Committee of the Whole Executive Session for November 23, 2021 Kershner moved and Donovan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 SPECIAL PRESENTATION 1. AB2021-699 Report on the WHAT-COMM discussions related to consolidating the Fire/EMS and Police 911 dispatch facilities Browne briefed the Councilmembers. Scott Korthuis, City of Lynden Mayor and What -Comm Administrative Whatcom County Page 2 Printed on 117312022 Council Minutes - Final December 7, 2021 Board, presented and he and Councilmembers discussed having two locations for redundancy in a natural disaster, looking at statistics for survival rate as well as response times compared to other counties, what the next step would be in considering consolidation, whether there is existing comparison of response times between Whatcom County and other counties, continuing the work on this issue, and improving recruitment and retention by having the best system in place. This agenda item was PRESENTED AND DISCUSSED. PUBLIC HEARINGS Council staff played a short instructional video about how to speak at the meeting. 1. AB2021-654 Resolution approving the Shoreline Management Program Periodic Update 2020 Cliff Strong, Planning and Development Services Department, stated he did not have a report. Buchanan opened the Public Hearing and the following people spoke: • Bill Geyer • Wendy Harris • Dwayne Engelsman Hearing no one else, Buchanan closed the Public Hearing. Donovan moved and Browne seconded that the SUBSTITUTE Resolution Requiring a Public Hearing be APPROVED. Kershner moved to remove 16.16.900 subsection (7) (Definitions), definition of "Qualified professional" on page 132 of Exhibit F. The motion was seconded by Elenbaas. Karen Frakes, Prosecuting Attorney's Office, answered whether it would be a substantial change and stated that if amended it would at least need to have another public hearing. Councilmembers discussed the motion and staff answered whether the County has ever been sued for rejecting someone for the reasons stated in the subsection. The motion failed by the following vote: Aye: 3 - Elenbaas, Kershner, and Byrd Whateom County Page 3 Printed on 117312022 Council Minutes - Final December 7, 2021 Nay: 4 - Donovan, Frazey, Browne, and Buchanan Donovan's motion that the SUBSTITUTE Resolution Requiring a Public Hearing be APPROVED carried by the following vote: Aye: 4 - Browne, Buchanan, Donovan, and Frazey Nay: 3 - Byrd, Elenbaas, and Kershner Absent: 0 Enactment No: RES 2021-056 2. AB2021-733 Ordinance Authorizing the Levy of Taxes for Conservation Futures Purposes for 2022 Buchanan opened the Public Hearing and the following person spoke: • Wendy Harris Hearing no one else, Buchanan closed the Public Hearing. Frazey moved and Donovan seconded that the Ordinance Requiring a Public Hearing be ADOPTED. Councilmembers discussed the motion. Frazey's motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote: Aye: 4 - Browne, Buchanan, Donovan, and Frazey Nay: 3 - Byrd, Elenbaas, and Kershner Absent: 0 Enactment No: ORD 2021-085 OPEN SESSION (20 MINUTES) The following people spoke: • Frank Lawrence III • Misty Flowers • Rachel Lindsay • Melissa Wisener • Markis D. Stidham • Cliff (last name not given) • Enoch Mann Whatcom County Page 4 Printed on 111312022 Council Minutes - Final December 7, 2021 • Sara Rose • Jen Durant • Natalie Chavez • Shean Halley • Nancy Bergman • Jean Purcell • Ken Domorod • Wendy Harris • David Spring • (Name not given) • Hannah Ordos • 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 1-14. Councilmembers voted on those items (see votes on individual items below). 1. AB2021-685 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Catholic Community Services to provide housing case management services in the amount of $336,678 for a total amended contract amount of $505,017 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. AB2021-687 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lydia Place to provide housing case management services in the amount of $377,158 for a total amended contract amount of $600,839 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 whatcom County Page 5 Printed on 111312022 Council Minutes - Final December 7, 2021 Nay: 0 Absent: 0 3. AB2021-688 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 $357,542 for a total amended contract amount of $565,310 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 4. AB2021-690 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and YWCA Bellingham to provide housing case management services in the amount of $78,565 for a total amended contract amount of $117,498 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 5. AB2021-691 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lydia Place to provide emergency housing for families in the amount of $493,074 for a total amended contract amount of $847,996 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. AB2021-698 Request authorization to amend and extend the Master Collective Bargaining Agreement for the period January 1, 2022 - December 31, 2022 Whatcom County Page 6 Printed on 111312022 Council Minutes - Final December 7, 2021 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 7. AB2021-701 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 $1,650,248 for a total amended contract amount of $4,158,271 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 8. AB2021-702 Request authorization for the County Executive to enter into a contract between Whatcom County and Mount Baker Foothills Chamber and Visitor Center for operations and tourism, in the amount of $110,000 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 9. AB2021-705 Request authorization for the County Executive to enter into a contract between Whatcom County and Tune -Up Events, LLC to promote Whatcom County tourism in the amount of $50,000 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 Whatcom County page 7 Printed on 117312022 Council Minutes - Final December 7, 2021 10. AB2021-706 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington Traffic Safety Commission for high visibility enforcement patrols, in the amount of $7,800.00 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 11. AB2021-707 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington Traffic Safety Commission for high visibility enforcement patrols, in the amount of $15,000.00. 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: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 12. AB2021-710 Request authorization for the County Executive to enter into an agreement between Whatcom County and Bellingham Whatcom County Tourism for operational and tourism related activities in the amount of $290,000 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 13. AB2021-71 1 Request authorization for the County Executive to enter into an agreement between Whatcom County and Birch Bay Chamber of Commerce for operational costs associated with the visitor center in the amount of $110,000 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 Whatcom County Page 8 Printed on 111312022 Council Minutes - Final December 7, 2021 Nay: 0 Absent: 0 14. AB2021-739 Request authorization for the County Executive to enter into a three-year agreement, using the State of Washington contract, between Whatcom County and Insight Public Sector for the NeoGov Insight online recruitment software, in the amount of $47,610.25 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 OTHER ITEMS (From Council Natural Resources Committee) 1. AB2021-743 Resolution eliminating the barriers to removing excess gravel from the Nooksack River Donovan reported for the Natural Resources Committee, noted that this item is a substitute, and moved that the item be tabled. Councilmembers discussed the motion. Donovan's motion that the Resolution be tabled and HELD IN COMMITTEE carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 (From Council Finance and Administrative Services Committee) 2. AB2021-616 Resolution adopting the Whatcom County Natural Hazards Mitigation Plan Browne reported for the Finance and Administrative Services Committee and moved that the Resolution be APPROVED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Whatcom County Page 9 Printed on 111312022 Council Minutes - Final December 7, 2021 Absent: 0 Enactment No: RES 2021-057 3. AB2021-675 Resolution adopting the Whatcom County Multi -jurisdictional Natural Hazards Mitigation Plan (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: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 Enactment No: RES 2021-058 4. AB2021-671 Ordinance Closing Sheriffs Records Management System Project Fund 344 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 2021-086 5. AB2021-673 Ordinance Establishing the Northwest Annex Redevelopment Fund and Establishing a Project Based Budget for the Northwest Annex Redevelopment Project Browne reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The following people answered questions: • Rob Ney, Administrative Services Department Facilities • Tyler Schroeder, Executive's Office They answered whether a restaurant was included in the budget, whether staff has encountered any kind of alternate proposal or opposition to moving along with this plan, and whether any consideration is being given to offering the existing building to interested groups so they can relocate it. Whatcom County Page 10 Printed on 111312022 Council Minutes - Final December 7, 2021 Browne's motion that the Ordinance be ADOPTED carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Enactment No: ORD 2021-087 6. AB2021-679 Ordinance amending the 2021 Whatcom County Budget, request no. 18, in the amount of $7,038,925 Browne reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. Tyler Schroeder, Executive's Office, answered a question about the shuffle of funding between the Public Defender and County Clerk, what the $1,068,925 from American Rescue Plan Act Funds (ARPA) are for and whether it is money that has already been spent. Councilmembers discussed the motion. Browne's motion that the Ordinance be ADOPTED carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd Enactment No: ORD 2021-088 7. AB2021-681 Ordinance amending the 2022 Whatcom County Budget, request no. 3, in the amount of $1,144,763 Browne reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. Tyler Schroeder, Executive's Office, answered whether they are agreeing to keeping the isolation and quarantine facility open until March, and whether they are using empty rooms for those who have lost their homes. Councilmembers discussed the motion. Browne's motion that the Ordinance be ADOPTED carried by the following vote: Whatcom County Page 11 Printed on 117312022 Council Minutes - Final December 7, 2021 Aye: 4 - Browne, Buchanan, Donovan, and Frazey Nay: 2 - Elenbaas, and Kershner Absent: 0 Temp Absent: 1 - Byrd Enactment No: ORD 2021-089 8. AB2021-683 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to provide housing case management services in the amount of $527,316 for a total amended contract amount of $790,974 Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. Tyler Schroeder, Executive's Office, answered whether the Opportunity Council helped displaced people find homes during the recent flood event, and if the Health Department audits whether the Opportunity Council hits the stated targets with the allotted amount of money. Browne's motion that the Contract be AUTHORIZED carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd 9. AB2021-716 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Department of Commerce for less -than -lethal equipment, in the amount of $69,884.00 Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. Councilmembers discussed the motion. Browne's motion that the Interlocal be AUTHORIZED carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Whatcom County page 12 Printed on 117312022 Council Minutes - Final December 7, 2021 Temp Absent: 1 - Byrd 10. A132021-719 Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and Whatcom Conservation District for PIC Program support, in the amount of $826,182 (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 discussed the motion. Browne's motion that the Contract (FCZDBS) be AUTHORIZED carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd 11. AB2021-721 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Whatcom Conservation District for farm planning services and financial assistance, in the amount of $115,021 (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. Gary Stoyka, Public Works Department, answered whether they are using County funds -cuplemthe ieitviDJL1VLipvaiI1. Councilmembers discussed the motion. Browne's motion that the Contract (FCZDBS) be AUTHORIZED carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd 12. AB2021-724 Request authorization for the County Executive to enter into an interlocal agreement with the Department of Natural Resources for Nooksack River lidar topographic and bathymetric mapping (Council acting as the Flood Control Zone District Board of Supervisors) Whatcom County Page 13 Printed on 111312022 Council Minutes - Final December 7, 2021 Browne reported for the Finance and Administrative Services Committee and moved that the Contract (FCZDBS) be AUTHORIZED. Councilmembers discussed the motion. Browne's motion that the Contract (FCZDBS) be AUTHORIZED carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd 13. AB2021-725 Request authorization for the County Executive to accept Midwest Employer Casualty renewal option 2 for insurance protection for the self -insured workers' compensation program in 2022 Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd 14. AB2021-727 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Bellingham operating through the Bellingham Fire Department for administering a paramedic training program in the amount of $865,478 Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. Mike Hilley, Emergency Medical Services (EMS) Manager, answered how many paramedics will get trained for this amount of money, whether we have a retention program that requires them to stay in Whatcom County once trained here, and whether this is retraining paramedics for lost positions because of the Mayor of the City of Bellingham's and the State's vaccine mandates. Councilmembers discussed whether they should ask the City of Bellingham to pay for paramedic training because of vaccine mandates. Whatcont County page 14 Printed on 111312022 Council Minutes - Final December 7, 2021 Elenbaas asked if he could move to amend the contract to rehire the people who left because of the mandate then fund this need accordingly for how many we need after that. There was not a formal motion. The following people answered questions about what would need to happen if Elenbaas made that motion. • Dana Brown -Davis, Clerk of the Council • Tyler Schroeder, Executive's Office Councilmembers and staff discussed whether this falls under the State mandate, whether there is a decision that the City of Bellingham is making that other jurisdictions in Whatcom County are not, and whether the City mandate is making a difference in this situation. Elenbaas moved to send this item to Governor Inslee's office for him to fund. The motion was seconded by Kershner. Hilley answered how many of these positions are positions needed regardless of the vaccine mandates. Councilmembers discussed the motion. The motion failed by the following vote: Aye: 2 - Kershner and Elenbaas Nay: 4 - Browne, Buchanan, Donovan, and Frazey Out of the Meeting: 1 - Byrd Councilmembers and staff discussed the amount for the paramedic training and the main motion to approve. Browne's motion that the Interlocal be AUTHORIZED carried by the following vote: Aye: 4 - Browne, Buchanan, Donovan, and Frazey Nay: 2 - Elenbaas, and Kershner Absent: 0 Temp Absent: 1 - Byrd 15. AB2021-728 Ordinance requesting that the Whatcom County Auditor include the question of establishing a Birch Bay Library Capital Facility Area to finance a new library facility in Birch Bay on the ballot at the February special election Browne reported for the Finance and Administrative Services Committee Whatcom County page 15 Printed on 111312022 Council Minutes - Final December 7, 2021 and moved that the Ordinance be ADOPTED. Dana Brown -Davis, Clerk of the Council, answered whether there is anything else on the February ballot except for this library since elections carry a high cost. Councilmembers discussed why it needs to be scheduled for February. The following people also spoke: • Tyler Schroeder, Executive's Office • Christine Perkins, Whatcom County Library System Executive Director Perkins answered a question about the estimated cost of the election and how many registered voters there are in the area and explained why the item was scheduled to be on a February ballot. Browne's motion that the Ordinance be ADOPTED carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd Enactment No: ORD 2021-090 16. AB2021-729 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Fire Protection District No. 7 for reimbursement of wages and benefits for 3 paramedic students in an amount of $375,033 Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 Temp Absent: 1 - Byrd 17. AB2021-730 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and North Whatcom Fire and Rescue to reimburse the wages and benefits of 1 paramedic student in the amount of $120,275 Whatcom County Page 16 Printed on 11132022 Council Minutes - Final December 7, 2021 Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 1 - Elenbaas Absent: 0 Temp Absent: 1 - Byrd 18. AB2021-731 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Bellingham working through the Bellingham Fire Department for reimbursement of personnel costs assocated with the hiring of up to six department lateral employees in the amount of $364,116 Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. Mike Hilley, Emergency Medical Services (EMS) Manager, answered why there are different ordinances on this topic and how many people they are funding. Councilmembers discussed the interlocal agreement. Browne's motion that the Interlocal be AUTHORIZED carried by the following vote: Aye: 4 - Browne, Buchanan, Donovan, and Frazey Nay: 1 - Kershner Absent: 0 Abstain: 1 - Elenbaas Temp Absent: 1 - Byrd 19. AB2021-734 Request authorization for the County Executive to enter into an agreement between Whatcom County and Opportunity Council for providing a 5,000 square foot child care facility located in a qualified census tract in the amount of $1,000,000 Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. Tyler Schroeder, Executive's Office, answered whether the County had already funded the Opportunity Council for this center. Councilmembers discussed whether children who come to these facilities Whatcom County page 17 Printed on 111312022 Council Minutes - Final December 7, 2021 will be required to be vaccinated with the COVID-19 vaccine. Kershner moved all contracts, all money, all interlocal agreements going forward from Whatcom County should include a statement that there will be, under no circumstances, anybody mandated to take this vaccine in order to accept money from the County. The motion was seconded by Elenbaas. Councilmembers discussed the motion. Kershner withdrew her motion because it was out of order at this point in the meeting. Elenbaas stated he would like to revisit the non-discrimination clause. Browne's motion that the Contract be AUTHORIZED carried by the following vote: Aye: 5 - Frazey, Kershner, Browne, Buchanan, and Donovan Nay: 1 - Elenbaas Out of the meeting: 1 - Byrd Elenbaas stated he would like to vote on the item again. Buchanan moved to reconsider. The motion was seconded by Browne. The motion to reconsider carried by the following vote: Aye: 6 - Kershner, Browne, Buchanan, Donovan, Elenbaas, and Frazey Nay: 0 Out of the meeting: 1 - Byrd Kershner moved and Donovan seconded that the Contract be AUTHORIZED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd 20. AB2021-735 Request authorization for the County Executive to enter into an agreement between Whatcom County and Opportunity Council for the development of affordable housing for low-income households in Whatcom County in the amount of $3,000,000 Browne reported for the Finance and Administrative Services Committee and moved that the SUBSTITUTE Contract be AUTHORIZED. Whatcom County Page 18 Printed on 1/13/2022 Council Minutes - Final December 7, 2021 Dana Brown -Davis, Clerk of the Council, stated that this is a substitute. Tyler Schroeder, Executive's Office, answered what is different between the substitute and the original. Councilmembers discussed the motion and getting more information from the Opportunity Council about LLCs. Browne's motion that the SUBSTITUTE Contract be AUTHORIZED carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd 21. AB2021-736 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Fire Protection District No. 7 to reimburse the District for training costs associated with lateral hires in the amount of $121,372 Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 0 Absent: 0 Abstain: 1 - Elenbaas Temp Absent: 1 - Byrd 22. AB2021-737 Request authorization for the County Executive to enter into a 9-year agreement between Whatcom County and Pictometry International Corporation for three oblique and orthogonal aerial imagery flights of western Whatcom County, in the amount of $489,600 Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. Councilmembers discussed the motion. Perry Rice, Administrative Services Information Technology Manager, answered what the aerial photographs are used for and what they are doing for our Information Technology department. Whatconn County Page 19 Printed on 111312022 Council Minutes - Final December 7, 2021 Browne's motion that the Contract be AUTHORIZED carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd 23. AB2021-738 Request authorization for the County Executive to enter into a contract between Whatcom County and Allison Hunt, M.D. for fulfilling the duties of Whatcom County Medical Examiner in the amount of $1,838,739 NOTE: A substitute contract was authorized by Councilmembers with a revised amount of $2,463,153 for an additional year of service. Browne reported for the Finance and Administrative Services Committee and moved that the SUBSTITUTE Contract be AUTHORIZED. Buchanan stated this is a substitute and Councilmembers discussed the difference between the two versions. Tyler Schroeder, Executive's Office, answered what the amount of money includes, who the Medical Examiner reports to, who a family member of the diseased can go to if there is an issue, and how this contract is the same as the contract for the former Medical Examiner. Browne's motion that the SUBSTITUTE Contract be AUTHORIZED carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd 24. AB2021-740 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Regional Council for nursing services in the jail in the amended amount of $85,816.00 for a total contract amount of $1,500,790.00 Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Whatcom County Page 20 Printed on 117312022 Council Minutes - Final December 7, 2021 Absent: 0 Temp Absent: 1 - Byrd (From Council Public Works and Health Committee) 25. AB2021-713 Resolution in the matter of considering vacating an unnamed alley within the Plat of Lummi Park on Lummi Island Frazey reported for the Public Works and Health Committee and moved that the Resolution be APPROVED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd Enactment No: RES 2021-059 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 1. AB2021-704 Request Council appointment of Eli Wainman to the Stakeholder Advisory Committee for the Justice Project Browne moved and Kershner seconded that the applicant be APPOINTED. Councilmembers asked if the applicant was present but the applicant was not present. Browne's motion that the Council Appointment be APPOINTED carried by the fnllnwinu vnte! --a ---- ----- - • ---- Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd SPECIAL COUNCIL ONLY ITEM 1. AB2021-678 Approval of standing Special County Council meeting dates for 2022 Donovan moved and Frazey seconded that the Special Council Only Item be APPROVED BY THE COUNCILMEMBERS. Councilmembers discussed the motion, whether the meeting dates can be put on Councilmembers calendars, and whether they are going to do a Whateont County Page 21 Printed on 117312022 Council Minutes - Final December 7, 2021 Council retreat. Donovan's motion that the Special Council Only Item be APPROVED BY THE COUNCILMEMBERS carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd 2. AB2021-745 Appointment of members to serve on pro and con statement writing committees for a proposed ballot measure to establish a Birch Bay Library Capital Facility Area Donovan moved and Frazey seconded that the applicants be APPOINTED. Councilmembers and Dana Brown -Davis, Clerk of the Council, discussed that there was an updated list and there are three names on each side. Brown -Davis read the names into the record. Donovan's motion that the Applicants be APPOINTED carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd ITEMS ADDED BY REVISION 1. AB2021-747 Resolution to amend Resolution 2021-046 changing the dates of the CEDS report to 2022-2026 Browne moved and Donovan seconded that the Resolution be APPROVED. Councilmembers discussed that these added items were added to the Finance and Administrative Services Committee and Browne reported for the committee. Tyler Schroeder, Executive's Office, answered whether it was being pushed back one year. Browne's motion that the Resolution be APPROVED carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Whatcom County Page 22 Printed on 1/13/2022 Council Minutes - Final December 7, 2021 Nay: 0 Absent: 0 Temp Absent: 1 - Byrd Enactment No: RES 2021-060 2. AB2021-748 Request approval for the County Executive to award Bid 421-05 and enter into a contract between Whatcom County and Andgar Corporation for the 3rd Floor Judges' Chambers HVAC project, in the amount $112,281.60 Browne reported for the Finance and Administrative Services Committee and moved that the Bid Award be AUTHORIZED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Temp Absent: I - Byrd 3. AB2021-749 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Department of Social and Health Services for DSHS to reimburse for Court Commissioner's Service Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd INTRODUCTION ITEMS Elenbaas stated the recommendation from the Planning and Development Committee was to hold AB2021-606 in committee and moved to introduce items two and three. The motion was seconded by Browne (see votes on individual items below). 1. AB2021-606 Ordinance adopting amendments to the Whatcom County Code Title 20, Zoning, to provide additional affordable housing options, including allowing and regulating tiny homes and allowing duplexes in planned unit developments This agenda item was WITHDRAWN. Mudcom County page 23 Printed on 111312022 Council Minutes - Final December 7, 2021 2. AB2021-664 Ordinance Establishing a Speed Limit on a Portion of Alderson Road Elenbaas moved and Browne seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd 3. AB2021-715 Ordinance granting Zayo Group, LLC, a franchise for the provision of telecommunications services Elenbaas moved and Browne seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Temp Absent: 1 - Byrd Enactment No: ORD 2022-001 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES Donovan moved to authorize the County Executive to move forward with and complete the acquisition of the property and continue to lease the project, as discussed in Executive Session, to the current tenants as long as the purchase price of the property does not exceed the amount in Executive Session. The motion was seconded by Kershner. Councilmembers discussed the motion. The motion carried by the following vote: Aye: 5 - Kershner, Browne, Buchanan, Donovan, and Frazey Nay: 1- Elenbaas Out of the Meeting: 1 - Byrd Councilmembers continued to give Committee Reports. Tyler Schroeder, Executive's Office, spoke about AB2021-693 (Discussion with Council regarding development of new EDI funded Workforce Whatcom County Page 24 Printed on 11732022 Council Minutes - Final December 7, 2021 Housing program) and stated there was a motion this morning to approve the guidelines. Browne reported for the Finance and Administrative Services Committee item AB2021-693 and moved to approve the guidelines for the Whatcom County EDI infrastructure improvements for Affordable Workforce Housing Program. This approval recognizes that the EDI board will be reviewing project specific proposals from developers using the guidelines as a framework. It is further recognized that the EDI Board can recommend approval of projects and modify the guidelines if the overall project aligns with the eligible use of the Fund and intent of the program. The motion was seconded by Donovan. Councilmembers discussed the motion. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Out of the meeting: 1 - Byrd Councilmembers continued committee reports. Buchanan moved that the Incarceration Prevention and Reduction Task Force take on the Whatcom Public Health, Safety and Justice Initiatives into their workplan for 2022. The motion was seconded by Donovan. The motion carried by the following vote: Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Kershner, and Browne Nay: 0 Out of the Meeting: 1 - Byrd Councilmembers continued reports and discussed letters that Frazey received from 7th grade students with issues they are concerned about and whether the Council is ok with her responding to them. Donovan moved and Buchanan seconded that Frazey respond to all the letters. Councilmembers discussed whether each of them should respond to some letters so that one person is not doing them all. The motion carried by the following vote: Aye: 6 - Donovan, Elenbaas, Frazey, Kershner, Browne, and Buchanan Whatcom County page 25 Printed on 111312022 Council Minutes - Final December 7, 2021 ADJOURN Nay: 0 Out of the Meeting: 1 - Byrd Councilmembers said final goodbyes to Councilmember Browne since this is his last Council meeting and acknowledged that today is Pearl Harbor Day. The meeting adjourned at 10:55 p.m. The County Council approved these minutes on January 11, 2022. ATTEST: WHATCOM COUNTY COUNCIL rya m y� WHATCOM COUNTY, WA n` p Dana 13rowf%DditsXFaurkil Clerk rry Buchanan, Council Chair c'i�t�' Kristi Felbinger, Minutes Transcription Whatcom County page 26 Printed on 111312022