HomeMy WebLinkAboutCouncil Nov 23 2021Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Minutes - Final
Tuesday, November 23, 2021
6PM
Virtual Meeting
VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT
www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010); AGENDA
REVISED 11.22.2021 AND 11.23.2021
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 November 23, 2021
COUNTY COUNCIL
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 6:02 p.m. in a
virtual meeting.
ROLL CALL
Present: 7 - Rud Browne, Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas,
Carol Frazey, and Kathy Kershner
Absent: None
FLAG SALUTE
ANNOUNCEMENTS
COUNTY EXECUTIVE'S REPORT
Satpal Sidhu, County Executive, reported on the recent flood.
Dana Brown -Davis, Clerk of the Council, stated she can send a notice that a
quorum may be present at the upcoming Flood Response Community
Meeting on November 24, 2021.
Sidhu answered a question about the weather forecast for another weather
system coming this weekend and Councilmembers spoke about public
response and perception in Canada and in Whatcom County, and discussing
future policy changes.
MINUTES CONSENT
Byrd moved to accept the minutes consent items. The motion was seconded
by Donovan (see votes on individual items below).
1. MIN2021-084 Committee of the Whole Executive Session for November 9, 2021
Byrd moved and Donovan seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
2. MIN2021-085 Committee of the Whole for November 9, 2021
Byrd moved and Donovan seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
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Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
3. MIN2021-086 Regular County Council for November 9, 2021
Byrd moved and Donovan seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
4. MIN2021-087 Water Work Session for November 16, 2021
Byrd moved and Donovan seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
PUBLIC HEARINGS
Council staff played a short instructional video about how to speak at the
meeting.
1. AB2021-628 Ordinance amending the 2022 Whatcom County Budget, request no. 1, in the amount
of $50,655,096
Buchanan stated there is a substitute version. He opened the Public Hearing
and the following person spoke:
• Mark Ambler
Hearing no one else, Buchanan closed the Public Hearing.
Donovan moved and Frazey seconded that the SUBSTITUTE Ordinance
Requiring a Public Hearing be ADOPTED. The motion carried by the
following vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 2 - Byrd, and Elenbaas
Absent: 0
Enactment No: ORD 2021-072
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2. AB2021-622 Resolution adopting the 2022 budget for the Whatcom County Flood Control Zone
District and Subzones (Council acting as the Flood Control Zone District Board of
Supervisors)
Buchanan opened the Public Hearing and the following person spoke:
• Mark Ambler
Hearing no one else, Buchanan closed the Public Hearing.
Frazey moved and Browne seconded that the Resolution (FCZDBS)
Requiring a Public Hearing be APPROVED.
Donovan moved to amend the ordinance to have an additional $75,000 into
water planning operations for WRIA 1 technical studies. The motion was
seconded by Frazey.
The motion to amend carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Browne
Nay: 0
Out of the Meeting: 1 - Kershner
Councilmembers discussed the main motion.
Frazey's motion that the Resolution (FCZDBS) Requiring a Public Hearing be
APPROVED AS AMENDED carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
Nay: 0
Absent: 1 - Kershner
Enactment No: RES 2021-051
3. AB2021-623 Ordinance Authorizing the Levy of Taxes for Countywide Emergency Medical
Purposes for 2022
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Hearing.
Byrd moved and Frazey 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
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Enactment No: ORD 2021-073
4. AB2021-630 Ordinance Authorizing the Levy of Taxes for Conservation Futures Purposes for
2022
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Hearing.
Donovan moved to consider the alternative proposal.
Dana Brown -Davis, Clerk of the Council, stated that if they consider the
alternate it has to be introduced this evening and moved forward to
December 7, 2021.
Donovan moved to introduce the alternative version (AB2021-733). The
motion was seconded by Frazey.
Councilmembers discussed the motion and the process to dispose of this
item (AB2021-630) before considering the alternate version.
Dana Brown -Davis, Clerk of the Council, clarified the process.
Donovan withdrew his motion and moved to adopt this ordinance (so they
can amend it). The motion was seconded by Buchanan.
Donovan moved to amend the ordinance to substitute $100,000 for $0 and
8.6% for 0% in the following statement so that is reads: "is hereby
authorized for the 2022 levy in the amount of $100,000, which is a
percentage increase of 8.6% from the previous year."
Councilmembers and Satpal Sidhu, County Executive, discussed the motion.
The motion to amend carried by the following vote:
Aye: 4 - Frazey, Browne, Buchanan, and Donovan
Nay: 3 - Elenbaas, Kershner, and Byrd
Donovan moved to approve the amended version for introduction this
evening. The motion was seconded by Frazey.
The motion carried by the following vote:
Aye: 5 - Donovan, Frazey, Kershner, Browne, and Buchanan
Nay: 2 - Elenbaas and Byrd
Clerk's note: See AB2021-733 (alternate version as revised above) in the
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Items Added by Revision section below for action on that item.
This agenda item was DISCUSSED AND MOTION(S) APPROVED.
HEARD PUBLIC TESTIMONY.
5. AB2021-632 Ordinance Authorizing the Levy of 2022 Property Taxes for County Road Purposes
Buchanan opened the Public Hearing and the following person spoke:
• Mark Ambler
Hearing no one else, Buchanan closed the Public Hearing.
Byrd moved and Donovan seconded that the Ordinance Requiring a Public
Hearing be ADOPTED.
Byrd addressed public comments.
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 2021-074
6. AB2021-633 Ordinance Authorizing the Levy of Taxes for County and State Purposes in Whatcom
County, Washington, for the Year of 2022
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Hearing.
The following people answered questions:
• Tyler Schroeder, Executive's Office
• Brad Bennett, Administrative Services Department Finance
• Jon Hutchings, Public Works Department Director
• Satpal Sidhu, County Executive
They answered why the item is titled the way it is, why Exhibit A comes
later, how much time the drainage districts have to get their information to
the County, and whether these are up-to-date requests.
Frazey's motion that the Ordinance Requiring a Public Hearing be
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ADOPTED carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2021-075
7. AB2021-634 Ordinance Limiting the 2022 General Fund Property Tax Levy
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Hearing.
Donovan moved and Byrd seconded that the Ordinance Requiring a Public
Hearing be ADOPTED. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2021-076
8. AB2021-635 Resolution Authorizing the Levy of Taxes for the Whatcom County Flood Control
Zone District for 2022
Buchanan opened the Public Hearing and the following person spoke:
• Mark Ambler
Hearing no one else, Buchanan closed the Public Hearing.
Byrd moved and Kershner seconded that the Resolution (FCZDBS)
Requiring a Public Hearing be APPROVED.
Byrd addressed public comments.
Byrd's motion that the Resolution (FCZDBS) Requiring a Public Hearing be
APPROVED carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: RES 2021-052
AB2021-654 Resolution approving the Shoreline Management Program Periodic Update 2020
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Enactment No: RES 2021-056
9. AB2021-648 Ordinance adopting amendments to WCC Title 20 (Zoning) regulating the production,
processing, and retail sales of recreational marijuana in Whatcom County and
repealing Ordinance No. 2021-066
Cliff Strong, Planning and Development Services Department, briefed the
Councilmembers.
Buchanan opened the Public Hearing and the following people spoke:
Mark Ambler
• James McCray
• Doris Smith
• Melissa Wisener
Hearing no one else, Buchanan closed the Public Hearing.
Donovan moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be ADOPTED.
Councilmembers discussed the motion, whether it had been discussed in the
Planning and Development Committee, and whether enforcement on a
single bad actor might alleviate much of the Code re -write.
Kershner moved to refer to the Planning and Development Committee for
more in-depth analysis and review. The motion was seconded by Byrd.
Councilmembers discussed the Ordinance and the motion and how
marijuana farms compare to other types of farms.
Kershner amended her motion to refer the ordinance to Committee of the
Whole and stated it could be discussed on December 7 if the schedule
looks like it will accommodate it.
Dana Brown -Davis, Clerk of the Council, asked and Councilmembers
discussed whether it should also be scheduled on the evening meeting
agenda that night. She stated the current moratorium does not expire until
April.
Councilmembers discussed how it should be scheduled and concurred that
it should just be scheduled in Committee of the Whole and not in Council
the same night.
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Kershner's motion that the Ordinance Requiring a Public Hearing be
REFERRED TO COMMITTEE carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Abstain: 1 - Browne
10. Resolution approving the Shoreline Management Program Periodic Update 2020
AB2021-654 Resolution approving the Shoreline Management Program Periodic Update 2020
Cliff Strong, Planning and Development Services Department, stated there
are minor changes to the ordinance that need to be made; one in 23.60.030
"C" definitions under Commercial Development, Item 5 (change vacation
rentals to short-term rentals) and one in Exhibit D, 23.60.190, Item 26
(delete the definition of short-term rentals). He stated he is asking that they
hold the public hearing tonight and then on December 7th a resolution will
be before the Council to approve this and authorize the Planning and
Development Services Department to send it to the Department of Ecology.
Buchanan opened the Public Hearing and the following people spoke:
• Bill Geyer
• Dwayne Engelsman
Hearing no one else, Buchanan closed the Public Hearing.
Byrd moved to amend Section 16.16.900, Item 7 under "Qualified
Professional" on page 128 of Exhibit F to read:
"7. Anyone who has had their professional licensure revoked or has
had two (2) or more reports denied by the Hearing Examiner within a
12-month period does not meet the definition of a qualified
professional or qualified consultant."
The motion was seconded by Buchanan.
Councilmembers discussed the motion and the additional people also
spoke:
• Cliff Strong
• Ryan Ericson, Former Planning and Development Department
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Byrd amended his motion to read:
"7. Anyone whose professional license is currently revoked or has
had two (2) or more reports denied by the Hearing Examiner within a
12-month period does not meet the definition of a qualified
professional or qualified consultant."
The motion carried by the following vote:
Aye: 7 - Elenbaas, Frazey, Kershner, Browne, Buchanan, Byrd, and Donovan
Nay: 0
The following people answered whether the resolution needs to be
introduced again:
• Dana Brown -Davis, Clerk of the Council
• Karen Frakes, Prosecuting Attorney's Office
Frakes suggested that the resolution be re -introduced just to be absolutely
cautious.
Strong answered whether the scrivener's errors previously mentioned will
be included in the new version to be introduced.
Kershner moved to amend Section 16.16.900, Item 1 under "Qualified
Professional" on page 128 of Exhibit F to read:
"I. Is listed on a roster of qualified professionals or qualified
consultants prepared by the PDS Natural Rese ree
Super -vise Director and made available to the public"
The motion was seconded by Byrd.
Councilmembers discussed the motion.
The motion carried by the following vote:
Aye: 7 - Frazey, Kershner, Browne, Buchanan, Byrd, Donovan, and Elenbaas
Nay: 0
Byrd moved to amend Section 16.16.612 "Exceptions to Regulation,"
Subsection A, Item 1 d on page 66 of Exhibit F to read:
"d. Do not score -56 or more points for habitat function based on the 2014
update to the Washington State Wetland Rating System for Western
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Washington: 2014 Update (Ecology Publication # 14-06-029, or as revised
and approved by Ecology);"
The motion was seconded by Elenbaas.
Councilmembers discussed the motion with the following people:
• Cliff Strong
• Ryan Ericson
• Karen Frakes
They discussed the proposed amendment, whether changes should be made
on the fly, and whether there would be an issue if this item were held.
Dana Brown -Davis, Clerk of the Council, stated if it needs to be introduced,
then it will not be able to be adopted by the end of the year unless they
introduce a new resolution tonight.
Councilmembers concurred to amend the resolution tonight, introduce an
amended version tonight, then have it on the agenda for a public hearing and
consideration on December 7, 2021.
The motion to amend carried by the following vote:
Aye: 6 - Kershner, Browne, Buchanan, Byrd, Elenbaas, and Frazey
Nay: 1 - Donovan
Councilmembers discussed with staff whether they would also need to
modify Section 16.16.225 "General Regulation," Section B, Item 7.
Byrd moved to amend Section 23.40.125 Section E, Item 3 on page 143 of
Exhibit D to read:
"3. Fill not associated with a development project is prohibited,
except for the minimum necessary to access piers or other
structures that provide access to the water. Pier design should
accommodate the connection between the pier and uplands by
employing a pile -supported structure to the point of intersection
with stable upland soils. ATy4Fjll associated with a development
project or aAny fill or excavation waterward of the OHWM requires
a shoreline conditional use permit."
The motion was seconded by Elenbaas.
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Councilmembers and staff discussed the motion.
The motion failed by the following vote:
Aye: 0
Nay: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Abstain: 2 - Byrd and Elenbaas
Staff continued to answer questions.
This agenda item was DISCUSSED AND MOTION(S) APPROVED.
Enactment No: RES 2021-056
HEARD PUBLIC TESTIMONY.
Enactment No: RES 2021-056
OPEN SESSION (20 MINUTES)
Council staff played a short instructional video about how to speak at the
meeting.
The following people spoke:
• James McCray
• Misty Flowers
• Ken Domorod
• Markis D Stidham
• Dannon Traxler
• Mark Ambler
• Melissa Wisener
• David Spring
• Jessica Mansfield
• Hannah Ordos
• John Lesow
• Richard Tran
• Shean Halley
• Natalie Chavez
• Nancy Bergman
• Helga Deliban
• Jean Purcell
• Gail Adderley
• Lindy McDonough
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• Mary Stidham
• Ashley Butenschoen
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 nine.
Councilmembers voted on those items (see votes on individual items
below).
1. AB2021-662 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Northwest Workforce Council to provide
reimbursement of wages and benefits for eligible temporary employees working in
various COVID-related positions, in the estimated amount of $165,000 for a total
estimated contract amount of $495,000
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: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
2. AB2021-663 Request authorization for the County Executive to enter into a contract between
Whatcom County and Lifeline Connections to provide jail behavioral health services,
in the amount of $64,440
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
3. AB2021-669 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the Whatcom Conservation District for
Domestic -Municipal Water Use Efficiency Project assistance in the amount of
$39,942 (Council acting as the Whatcom County Flood Control Zone District Board
of Supervisors)
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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: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
4. AB2021-670 Request authorization for the County Executive to enter into a contract between
Whatcom County and Julota to provide tracking and monitoring of services and care
provided to individuals frequently seen by the GRACE and LEAD Programs, in the
amount of $61,350
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
5. AB2021-677 Request authorization for the County Executive to enter into a contract between
Whatcom County and US Imaging, Inc., in the amount of $70,656.11
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
6. AB2021-682 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and US Imaging, Inc. to complete the digital image
enhancement project in the amount of $28,966.05 for a total amended contract
amount of $156,966.05
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
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Absent: 0
7. AB2021-684 Resolution ordering the cancellation of unredeemed checks (warrants) more than one
year old
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
Absent: 0
Enactment No: RES 2021-053
8. AB2021-686 Resolution ordering the cancellation of accounts receivable incurred prior to 2020
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
Absent: 0
Enactment No: RES 2021-054
9. AB2021-689 Request approval for the County Executive to enter into an interlocal cooperative
purchasing agreement with Stevens County which will allow utilization of reciprocal
competitively bid contracts, pursuant to RCW Chapter 39.34 Interlocal Cooperation
Act
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
OTHER ITEMS
(From Council Finance and Administrative Services Committee)
1. AB2021-616 Resolution adopting the Whatcom County Natural Hazards Mitigation Plan
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This agenda item was WITHDRAWN.
Enactment No: RES 2021-057
2. 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)
This agenda item was WITHDRAWN.
Enactment No: RES 2021-058
3. AB2021-653 Request authorization for the County Executive to enter into a three year interlocal
agreement among Whatcom County and the Port of Bellingham and City of
Bellingham to provide economic development services and complete special projects
that promote beneficial outcomes for the parties, in the amount of $2,084,322
Browne reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED. The motion carried by the
following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
4. AB2021-627 Ordinance Amending the Project Budget for the E. Smith/Hannegan Road
Intersection Improvements Fund, Request No. 2
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 2021-077
5. AB2021-636 Ordinance Establishing the Birch Bay Lynden Rd & Blaine Rd Intersection
Improvements Fund and Establishing a Project Based Budget for the Birch Bay
Lynden Rd & Blaine Rd Intersection Improvements Fund; CRP #906001
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
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Nay: 0
Absent: 0
Enactment No: ORD 2021-078
6. AB2021-637 Ordinance Establishing the Goshen Road/Anderson Creek Bridge No. 248
Replacement Fund and Establishing a Project Based Budget for the Goshen
Road/Anderson Creek Bridge No. 248 Replacement Fund; CRP #920003
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 2021-079
7. AB2021-638 Ordinance Establishing the North Fork Road/Kenney Creek Fish Passage Fund and
Establishing a Project Based Budget for the North Fork Road/Kenney Creek Fish
Passage Fund; CRP #919007
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 2021-080
8. AB2021-640 Ordinance amending the 2022 Whatcom County Budget, request no. 2, in the amount
of $12,007,450
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 2021-081
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9. AB2021-641 Ordinance Establishing the Jackson Road/Terrell Creek Bridge No. 81 Replacement
Fund and Establishing a Project Based Budget for the Jackson Road/Terrell Creek
Bridge No. 81 Replacement Fund; CRP #917004
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 2021-082
10. AB2021-650 Ordinance amending Whatcom County Code (WCC) 3.08.060 (Purchasing System)
to update the small public works roster process to award public works contracts
under WCC 3.08.095 and to establish consulting services roster award process for
architectural, engineering, and other professional services
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 2021-083
11. AB2021-667 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the Whatcom Conservation District for Lake
Whatcom Homeowner Incentive Program assistance in the amount of $97,275.61
Browne reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED.
Councilmembers discussed who is managing this.
Browne's motion that the Interlocal be AUTHORIZED carried by the
following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
12. AB2021-680 Request approval for the County Executive to award Bid #21-68 for the purchase of
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80 each FN303 Mark 2 Less -Lethal Launchers, associated equipment, and related
accessories to Arms Unlimited Incorporated, in an amount not to exceed $86,062.98
Browne reported for the Finance and Administrative Services Committee
and moved that the Bid Award be AUTHORIZED.
Councilmembers discussed why the County is having to buy these.
Browne's motion that the Bid Award be AUTHORIZED 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)
13. AB2021-696 Approval to send letter to Mayor of Bellingham regarding reinstating BTV broadcast
of County Council meetings
Councilmembers and Council staff discussed the version that they were
considering.
Kershner moved to approve the amended version as voted on in Committee
of the Whole. The motion was seconded by Donovan.
Councilmembers discussed the motion.
The motion carried by the following vote:
Aye: 7 - Frazey, Kershner, Browne, Buchanan, Byrd, Donovan, and Elenbaas
Nay: 0
This agenda item was APPROVED AS AMENDED BY THE
COUNCILMEMBERS.
(No Committee Assignment)
14. AB2021-661 Request authorization for the County Executive to enter into the proposed settlement
agreement in Whatcom Farm Bureau, et al. v. Whatcom County, GMHB Case No.
18-2-0001
Elenbaas stated he would recuse himself from the vote on this item.
Donovan moved and Frazey seconded that the Request for Motion be
APPROVED. The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 0
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Council
Absent: 0
Recused: 1 - Elenbaas
ITEMS ADDED BY REVISION
Minutes - Final
November 23, 2021
1. 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
Donovan moved and Browne seconded that the Ordinance be
INTRODUCED.
Councilmembers and Dana Brown -Davis, Clerk of the Council, discussed
whether it was on the ballot in the November election and the percentage of
the vote it received.
Donovan's motion that the Ordinance be INTRODUCED carried by the
following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2021-090
2. AB2021-732 Ordinance (emergency) amending the 2021 Whatcom County Budget, request no.
20, in the amount of $500,000 to cover emergency response costs related to
countywide flooding
Elenbaas moved and Browne seconded that the Ordinance be ADOPTED.
Councilmembers discussed the motion.
Elenbaas'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 2021-084
3. AB2021-733 Ordinance Authorizing the Levy of Taxes for Conservation Futures Purposes for
2022
Donovan moved and Browne seconded that the Ordinance Requiring a Public
Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried
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Council Minutes - Final November 23, 2021
by the following vote:
Aye: 4 - Browne, Buchanan, Donovan, and Frazey
Nay: 3 - Byrd, Elenbaas, and Kershner
Absent: 0
Enactment No: ORD 2021-085
INTRODUCTION ITEMS
Donovan moved to introduce items one through five (AB2021-654 was
added after the public hearing and discussion on that item earlier). The
motion was seconded by Frazey (see votes on individual items below).
1. AB2021-671 Ordinance Closing Sheriff's Records Management System Project Fund 344
Donovan moved and Frazey seconded that the Ordinance be INTRODUCED.
The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
Enactment No: ORD 2021-086
2. AB2021-673 Ordinance Establishing the Northwest Annex Redevelopment Fund and Establishing a
Project Based Budget for the Northwest Annex Redevelopment Project
Donovan moved and Frazey seconded that the Ordinance be INTRODUCED.
The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
Enactment No: ORD 2021-087
3. AB2021-679 Ordinance amending the 2021 Whatcom County Budget, request no. 18, in the
amount of $7,038,925
Donovan moved and Frazey seconded that the Ordinance be INTRODUCED.
The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
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Council Minutes - Final November 23, 2021
Enactment No: ORD 2021-088
4. AB2021-681 Ordinance amending the 2022 Whatcom County Budget, request no. 3, in the amount
of $1,144,763
Donovan moved and Frazey seconded that the Ordinance be INTRODUCED.
The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
Enactment No: ORD 2021-089
AB2021-654 Resolution approving the Shoreline Management Program Periodic Update 2020
Donovan moved and Frazey seconded that the Resolution Requiring a Public
Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried
by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
Enactment No: RES 2021-056
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Councilmembers gave committee reports.
ADJOURN
Elenbaas spoke about a waiver of fees for rehtlild permits hecaitse of
flooding from an earlier year and asked how that process was done, and
Councilmembers and staff discussed waiving fees for rebuild and recovery
in the unincorporated areas for the recent flood event. The following people
spoke:
• Satpal Sidhu, County Executive
• Tyler Schroeder, Executive's Office
Councilmembers and the speakers also discussed meeting in person and
community support after the recent flood.
The meeting adjourned at 11:26 p.m.
The County Council approved these minutes on January 11, 2022.
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Council Minutes - Final November 23, 2021
ATTEST -
COpea rs;
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
owl
VBc h, Dana Br A a i n C le�.'k chadan, Council Chair
Kristi Felbinger, Minutes Transcription
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