Whatcom County Council 2022 searchable meeting minutes / Noisy Waters Northwest

January 22, 2023 Dena Jensen

This post continues to build on a project of assembling local government meeting minutes into year-long batches that can be searched for material like terms or actions of the members of the body that is meeting.

This election year there are lots of Whatcom County and municipal positions to be filled. So it seems like a good time to make the resources we have to observe existing government officials’ positions and actions more easily accessible and effectively useful, when possible.

In this post you’ll find the content of all of the Whatcom County Council’s regular meeting minutes for the year 2022 in one place. (At the time of this posting, November and December meeting minutes are still draft versions.) This allows folks to search on things like key words, topics, dates, public hearings, and people’s names. For each meeting date, a link is also provided near the top of that edition of minutes to access the agenda and media associated with that particular meeting. 

Here is a link to a blog post from last year that provided Bellingham City Council meeting minutes for 2022: https://noisywatersnw.com/2023/01/15/bellingham-city-council-searchable-2022-meeting-minutes-noisy-waters-northwest

Here is a link to a blog post from last year that provided Bellingham City Council meeting summaries (not as detailed as minutes) for 2021: https://noisywatersnw.com/2022/02/05/searchable-meeting-summaries-of-bellingham-city-council-meetings-january-2021-through-december-2021-noisy-waters-northwest/

Holding down both the Control and F keys on a Windows computer keyboard at the same time, or holding down both the Command and F keys on an Apple computer keyboard at the same time, should give people a search field to enter words and phrases to look for. 

The meeting minutes of regular Council meetings also reflect topics of discussion for committee meetings throughout the day before the regular meeting, so people can seek out video from those committee meetings, as well, to view more extensive Council Member discussion and staff presentations. Here is the link to the Whatcom County Council Meeting Information webpage, where you can find more information related to County Council and committee meetings: https://whatcom.legistar.com/Calendar.aspx


Whatcom County Council searchable 2022 meeting minutes 

Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, January 11, 2022 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=898944&GUID=817CDE23-F8AA-4541-AF70-029131922188&Options=info|&Search= ]

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010)

COUNCILMEMBERS

Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final January 11, 2022

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Ben Elenbaas, Carol Frazey, Kaylee Galloway, Kathy Kershner, Barry

The previous Council Chair Barry Buchanan called the meeting to order at 6 p.m. in a virtual meeting and announced that Todd Donovan was elected as Council Chair. He handed the meeting over to Donovan.

 Buchanan, Tyler Byrd, and Todd Donovan Absent: None

FLAG SALUTE ANNOUNCEMENTS

The Incarceration Prevention and Reduction Task Force is accepting applications until Tuesday, January 18 at 10 a.m. We are accepting applications for social services providers, interested citizens, and consumers or their family members. If you are interested and meet these 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, reported on the following:

· Condolences to late Senator Doug Ericksen’s family

· Congratulations to new Councilmember Kaylee Galloway

· Congratulations to new 42nd Legislative District representative

Simon Sefzik

· Requests for help from county residents and the Governor to relieve

pressure on the health care system because of COVID-19

· The efforts of the Emergency Operations Center after the November

flood event and a recent Federal declaration of emergency

· The County’s recent winter night shelter

· The formation this year of the 2023-2024 biennium budget and

upcoming meetings with several groups to help determine what the priorities should be

He answered whether NW Youth Services has a space since it was moved to make room for the second isolation facility and whether there is a timeline that the flood FEMA funds have to be used.

    Whatcom County

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Council Minutes – Final January 11, 2022 MINUTES CONSENT

  1. MIN2021-090

Aye:

Nay: Absent: Abstain:

2. MIN2021-091

Aye:

Nay: Absent: Abstain:

3. MIN2021-092

Aye:

Nay: Absent: Abstain:

4. MIN2021-093

Aye:

Nay: Absent:

Byrd moved to accept the minutes consent items. The motion was seconded by Buchanan (see votes on individual items below).

Committee of the Whole for November 23, 2021

Byrd moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Elenbaas, Frazey, Kershner, Buchanan, Byrd, and Donovan 0

0

1 – Galloway

Health Board for November 30, 2021

Byrd moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Elenbaas, Frazey, Kershner, Buchanan, Byrd, and Donovan 0

0

1 – Galloway

Regular County Council for November 23, 2021

Byrd moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Elenbaas, Frazey, Kershner, Buchanan, Byrd, and Donovan 0

0

1 – Galloway

Special Council for December 2, 2021

Byrd moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

    6 – 0 0

Elenbaas, Frazey, Kershner, Buchanan, Byrd, and Donovan

 Whatcom County

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Council

Minutes – Final

January 11, 2022

 Abstain:

5. MIN2021-094

Aye:

Nay: Absent: Abstain:

6. MIN2022-001

Aye:

Nay: Absent: Abstain:

7. MIN2022-002

Aye:

Nay: Absent: Abstain:

8. MIN2022-003

Aye:

Nay: Absent: Abstain:

9. MIN2022-004

Whatcom County

1 – Galloway

Committee of the Whole Executive Session for December 7, 2021

Byrd moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following

6 – Elenbaas, Frazey, Kershner, Buchanan, Byrd, and Donovan 0

0

1 – Galloway

Committee of the Whole for December 7, 2021

Byrd moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following

6 – Elenbaas, Frazey, Kershner, Buchanan, Byrd, and Donovan 0

0

1 – Galloway

Regular County Council for December 7, 2021

Byrd moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following

6 – Elenbaas, Frazey, Kershner, Buchanan, Byrd, and Donovan 0

0

1 – Galloway

Special Council for December 22, 2021

Byrd moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following

6 – Elenbaas, Frazey, Kershner, Buchanan, Byrd, and Donovan 0

0

1 – Galloway

Special Council for January 4, 2022

Page 3

vote:

  vote:

 vote:

 vote:

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Council

Minutes – Final January 11, 2022

 PUBLIC HEARINGS

Aye:

Nay: Absent: Abstain:

Byrd moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Elenbaas, Frazey, Kershner, Buchanan, Byrd, and Donovan 0

0

1 – Galloway

 1. AB2021-715

Council staff played a short instructional video about how to speak at the meeting.

Ordinance granting Zayo Group, LLC, a franchise for the provision of telecommunications services

Andrew Hester, Public Works Department, stated he was available for questions.

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Frazey moved and Byrd seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Hester answered when this item was introduced.

Frazey’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

 Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0 Absent: 0

Enactment No: ORD 2022-001

OPEN SESSION (20 MINUTES)

Council staff played a short instructional video about how to speak at the meeting.

The following people spoke:

 · ·

Perrin Storch Wendy Harris

 Whatcom County

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Council

Minutes – Final

January 11, 2022

 · Misty Flowers

· Sara Rose

· Dam Pham

· Nancy Bergman

· Shean Halley

· Nancy Flint

· Natalie Chavez

· Jean Purcell

· Jennifer Durant

· Susan Prosser

· Deborah Van Beek

· Megan Wiseman

· Hannah Ordos

· Enoch Mann

· Name not stated (listed as “We Will”)

· Cliff (last name not stated)

Hearing no one else, Donovan closed the Open Session.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

 1. AB2021-712

Byrd reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through seven. Councilmembers voted on those items (see votes on individual items below).

Request authorization for the County Executive to enter into a contract between Whatcom County and Sustainable Connections for costs to facilitate the Whatcom Housing Alliance in the amount of $100,000

Byrd 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 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0 Absent: 0

2. AB2022-004 Request authorization for the County Executive to enter into a contract between Whatcom County and Northwest Youth Services to operate an overnight winter

shelter for young adults experiencing homelessness, in the amount of $81,000

  Whatcom County Page 5 Printed on 2/14/2022

Council

Minutes – Final January 11, 2022

 3. AB2022-009

Request authorization for the County Executive to enter into a contract between Whatcom County and BERK Consulting, Inc. to complete the COVID-19 Pandemic Response Review project for a total amount of $71,458

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Byrd 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 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0 Absent: 0

 4. AB2022-014

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Pacific Security to continue providing building patrol security services at nine County buildings

Byrd 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 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0 Absent: 0

 5. AB2022-015

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Whatcom Council of Governments for the performance of duties related to the Boundary Review Board for Whatcom County, in the amount of $5,000

Byrd 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 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0 Absent: 0

 Aye: 7 –

Nay: 0 Absent: 0

Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

 Whatcom County

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Council 6.

AB2022-016

Aye:

Nay: Absent:

AB2022-017

Aye:

Nay: Absent:

Minutes – Final January 11, 2022

Request authorization to amend the WA State Nurses Association Collective Bargaining Agreement for the period January 1, 2021 – December 31, 2022

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 0

0

Request authorization for the County Executive to enter into a Collective Bargaining Agreement between Whatcom County and the Fraternal Order of Police for the period of January 1, 2022 – December 31, 2024

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 0

0

and Administrative Services Committee)

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Washington State University to continue the jointly shared costs for faculty positions and program support for WSU Extension in the amount of $240,071 for a total amended contract amount of $2,731,428.90

Byrd reported for the Finance and Administrative Services Committee and moved that the Memorandum of Agreement be AUTHORIZED. The motion carried by the following vote:

7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 0

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Aristo Healthcare Services to provide staffing at the COVID Isolation and Quarantine Facility in the estimated amount of $125,000 for a total estimated amended contract amount of $325,000

  7.

 OTHER ITEMS (From Council Finance

1. AB2021-741

Aye:

Nay: Absent:

2. AB2021-751

    Whatcom County

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Council

Minutes – Final January 11, 2022

 Aye:

Nay: Absent:

3. AB2021-752

Aye:

Nay: Absent:

4. AB2021-753

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED.

Elenbaas asked whether this contract is through March 31, 2022.

Byrd’s motion that the Contract be AUTHORIZED carried by the following vote:

7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 0

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Road2Home to operate the COVID Isolation and Quarantine Facility in the amount of $159,274 for a total amended contract amount of $318,549

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote:

7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 0

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Pacific Security to provide security services at the COVID Isolation and Quarantine Facility and COVID Vaccine Clinics in the amount of $52,521 for a total amended contract amount of $176,009

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED.

Councilmembers discussed the reason for the need for security.

Byrd’s motion that the Contract be AUTHORIZED carried by the following vote:

6 – Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 0

0

1 – Elenbaas

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lewis Publishing Company, Inc. to publish

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  Aye:

Nay: Absent: Abstain:

5. AB2022-001 Whatcom County

Council

Minutes – Final January 11, 2022

 6.

AB2022-002

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Cascade Radio Group to provide radio commercial spots for COVID-19 related advertisements in the amount of $20,000 for a total amended contract amount of $60,000

Byrd reported for the Finance and Administrative Services Committee. Frazey moved and Galloway seconded that the Contract be AUTHORIZED.

The motion carried by the following vote:

Aye: 4-

Nay: 2- Absent: 0

Abstain: 1-

Frazey, Galloway, Buchanan, and Donovan Elenbaas, and Kershner

Byrd

COVID-19 related advertisements, in the amount of $27,000 for a total amended contract amount of $67,000

Byrd reported for the Finance and Administrative Services Committee and stated that this item and the next item (AB2022-002) failed to receive a majority recommendation from committee.

The following people answered a question about and Councilmembers discussed whether, according to Whatcom County Code 2.02.085, a committee item has to pass with a majority decision in committee before it can be heard by the Council:

· Dana Brown-Davis, Clerk of the Council

· Karen Frakes, Prosecuting Attorney’s Office

Byrd requested a written legal opinion be presented on this issue.

Frazey moved and Galloway seconded that the Contract be AUTHORIZED.

Frakes answered what the outcome would be if they authorize this tonight and the legal opinion comes back that it was not a legal process.

Councilmembers discussed the motion and that additional information was sent to Councilmembers by the Health Department after a request in Committee.

Frazey’s motion that the Contract be AUTHORIZED carried by the following vote:

 Aye: 4 – Nay: 2 –

Frazey, Galloway, Buchanan, and Donovan Elenbaas, and Kershner

 Whatcom County

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Council

Minutes – Final January 11, 2022

 Absent: Abstain:

7. AB2022-003

Aye:

Nay: Absent:

8. AB2022-006

Aye:

Nay: Absent:

9. AB2022-018

0

1 – Byrd

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and MSNW Group, LLC to provide cleaning services at the COVID-19 Isolation and Quarantine Facility in the amount of $15,000 for a total amended contract amount of $55,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote:

7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Washington State Department of Health for the delivery and funding of various public health services

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. The motion carried by the following vote:

7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 0

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Aristo Healthcare Services to provide COVID-19 vaccine administration services at community vaccine clinics in the amount of $435,000 for a total amended contract amount of $543,732

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED.

Tyler Schroeder, Executive’s Office, answered which fund this is coming out of.

Councilmembers voted on the item (see below) then continued the discussion.

Schroeder answered whether the fund is noted on the contract information sheet as the cost center and whether the name of the fund could also be

    Whatcom County

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Council Minutes – Final January 11, 2022

 noted in the future.

Byrd’s motion that the Contract be AUTHORIZED carried by the following vote:

Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0 Absent: 0

(From Council Planning and Development Committee)

10. AB2021-744

Resolution approving recommendations on three applications for Open Space Current Use Assessment

Elenbaas reported for the Planning and Development Committee.

Joshua Fleischmann, Planning and Development Services Department, briefed the Councilmembers on the applications and the committee discussion.

Elenbaas moved and Galloway seconded that the Resolution (approving applications OSP2020-00003 and OSP2020-00005) be APPROVED.

Councilmembers discussed the request of granting a public access waiver on application OSP2020-00003.

Elenbaas amended his motion to approve application #1 (OSP2020-00003) without granting public access and approve #3 (OSP2020-00005).

Dana Brown-Davis, Clerk of the Council, requested clarification on whether this is amending the resolution.

Fleischman answered whether the recommendation in the resolution includes the waiver of public access,

Councilmembers discussed whether the resolution would need to be amended if they added the waiver.

Elenbaas withdrew his motion.

Galloway moved to approve application OSP2020-00003 with granting a waiver to public access, and application OSP2020-00005 for the open space current use assessment.

  Whatcom County

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Minutes – Final January 11, 2022

 Councilmembers and staff discussed how to approve the resolution with language that would amend the Friedman property regarding public access. There was no second on Galloway’s motion and Councilmembers concurred to refer the item to committee to allow staff time to make the changes to

the resolution.

Councilmembers concurred that the Resolution be REFERRED TO COMMITTEE. The motion carried by the following vote:

Enactment No: RES 2022-004

(No Committee Assignment)

11. 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

Frazey moved and Buchanan seconded that the Ordinance be ADOPTED. Councilmembers discussed the motion and whether the item could be

referred back to committee.

Frazey withdrew her motion to adopt.

Councilmembers discussed which committees the item had previously been in and which committee it should be referred to.

Kershner moved that the Ordinance be referred back to the Planning and Development Committee. The motion was seconded by Byrd.

Byrd moved to reach out to the two people who spoke at a Council meeting the last time this issue was on the agenda and formally invite them to attend and be a part of that conversation.

Dana Brown-Davis, Clerk of the Council, asked about the speakers’ names and Elenbaas stated he would also like to invite Danielle Rosellison.

Councilmembers concurred to reach out to the three people.

Kershner moved and Byrd seconded that the Ordinance Requiring a Public Hearing be REFERRED TO COMMITTEE. The motion carried by the following vote:

Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan Nay: 0

  Whatcom County

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Council

Minutes – Final January 11, 2022

 Absent: 0

Enactment No: ORD 2022-011

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

1. AB2022-011 Council appointment to fill a vacancy on the Stakeholder Advisory Committee for the

Justice Project – Applicant: Jacob (“Jack”) Hovenier

Elenbaas moved and Buchanan seconded that the Council Appointment be APPOINTED. The motion carried by the following vote:

Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0 Absent: 0

  2. AB2022-019

Council appointment to the Flood Control Zone District Advisory Committee, applicants: Candice Leonard, John Perry, Marcus Brooks, Bruce Bosch, Ron Bronsema, Jeff De Jong, Joni Hensley, Keith Hoekema, Thomas Brewster (Council Acting as the Flood Control Zone District Board of Supervisors )

Byrd moved and Kershner seconded to move Marcus Brooks to Geographic Area and add Keith Hoekema to Alternate and appoint all by acclamation as follows:

Geographic Area (3 Vacancies)

· Candice Leonard

· Thomas Brewster, incumbent

· Marcus Brooks

Impacted Cities (2 Vacancies)

· John Perry, incumbent

· Marcus Brooks

· Bruce Bosch

Special Districts (2 Vacancies):

· Ron Bronsema, incumbent

· Jeff De Jong, incumbent

Alternate (unlimited vacancies):

· Joni Hensley

· Keith Hoekema

Councilmembers discussed the motion.

     Whatcom County

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Council

Minutes – Final January 11, 2022

 3. AB2022-020

Council appointment to fill vacancies on the Acme/VanZandt Flood Control Subzone Advisory Committee, applicant(s): Alexander Harris (Council Acting as the Flood Control Zone District Board of Supervisors)

Buchanan moved and Byrd seconded that the Council Appointment be APPOINTED.

Councilmembers discussed the motion.

Buchanan’s motion that the Council Appointment be APPOINTED carried by the following vote:

4. AB2022-021

Council appointment to fill vacancies on the Lynden/Everson Flood Control Subzone Advisory Committee, applicant(s): Ladd Shumway and Joel Vande Hoef (Council Acting as the Flood Control Zone District Board of Supervisors)

Kershner moved and Frazey seconded that the Council Appointment be APPOINTED.

Councilmembers discussed the motion.

Kershner’s motion that the Council Appointment be APPOINTED carried by the following vote:

Byrd’s motion that the Council Appointments be APPOINTED carried by the following vote:

Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0 Absent: 0

 Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0 Absent: 0

 5. AB2022-022

Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0 Absent: 0

  Whatcom County

Council appointment to fill vacancies on the Board of Equalization, applicant(s): Wes Van De Mark

Buchanan moved and Kershner seconded that the Council Appointment be APPOINTED. The motion carried by the following vote:

Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

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Minutes – Final January 11, 2022

 Nay: Absent:

6. AB2022-023

Aye:

Nay: Absent:

7. AB2022-024

Aye:

Nay: Absent:

8. AB2022-025

Aye:

Nay: Absent:

9. AB2022-027

0 0

Council appointment to fill vacancies on the Drayton Harbor Shellfish Protection District Advisory Committee – Applicant(s): Richard Beauregard

Byrd moved and Frazey seconded that the Council Appointment be APPOINTED. The motion carried by the following vote:

7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 0

0

Council appointment to fill vacancies on the Forestry Advisory Committee – Applicant(s): Jed Dawson and David New

Byrd moved and Frazey seconded that the Council Appointment be APPOINTED. The motion carried by the following vote:

7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 0

0

Council appointment to fill vacancies on the Horticulture Pest and Disease Board – Applicant(s): Brett Pehl

Frazey moved and Byrd seconded that the Council Appointment be APPOINTED. The motion carried by the following vote:

7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 0

0

Council appointment to fill vacancies on the Lummi Island Ferry Advisory Committee – Applicant(s): Mary Marshall, William Johnson, Richard Frye, William Sager, Judy Olsen, Tom Philpot, Crispin Colburn, George Bock

Byrd moved to appoint Crispin Colburn and George Bock to the Non-Resident positions. The motion was seconded by Kershner.

Galloway suggested they consider late applications or amend the motion to include Gregory Todd Lagestee in the list.

Dana Brown-Davis, Clerk of the Council, answered questions about the process for considering late applications.

     Whatcom County

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Minutes – Final January 11, 2022

 Councilmembers discussed whether they should be accepted.

Byrd’s motion failed by the following vote:

Aye: 3 – Kershner, Byrd, and Elenbaas

Nay: 4 – Buchanan, Donovan, Frazey, and Galloway

Buchanan moved to accept late applications. The motion was seconded by Galloway.

Jill Nixon, Council Office Staff, answered how late the application was and Councilmembers discussed the motion.

The motion carried by the following vote:

Aye: 4 – Buchanan, Donovan, Frazey, and Galloway Nay: 2 – Elenbaas and Byrd

Abstain: 1 – Kershner

Buchanan moved to nominate George Bock, Crispin Colburn, and Gregory Todd Lagestee (for the Non-Resident/Non-Landowner positions). The motion was seconded by Frazey.

Councilmembers discussed the voting process and then voted as follows:

NON-RESIDENT/NON-LANDOWNER

George Bock: 3 – Byrd, Elenbaas, and Kershner

Crispin Colburn: 6- Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

Gregory Todd Lagestee: 4 – Buchanan, Donovan, Frazey, and Galloway

Crispin Colburn and Gregory Todd Lagestee were appointed.

Galloway moved to appoint Richard Frye and Judy Olsen to the Resident/Landowner positions and then withdrew her motion so they could go through the same process as above.

Kershner moved to accept all of the applicants as nominated and appoint the top three names. The motion was seconded by Buchanan.

Councilmembers voted as follows: RESIDENT/LANDOWNER

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 Richard Frye: 4 – Buchanan, Donovan, Frazey, and Galloway

William Johnson: 6 – Buchanan, Byrd, Donovan, Elenbaas, Galloway, and Kershner

Mary Marshall: 3 – Elenbaas, Frazey, and Kershner

Judy Olsen: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Tom Philpot: 0

William Sager: Byrd

Richard Frye, William Johnson, and Judy Olsen were appointed.

This agenda item was APPOINTED.

SUMMARY – The following applicants were appointed:

Non-resident/non-landowner (2 or 3 vacancies*) • Crispin Colburn with 6 votes

• Gregory Todd Lagestee with 4 votes

Resident/Landowner (2 or 3 vacancies*) • William Johnson with 6 votes

• Richard Frye with 4 votes

• Judy Olsen, incumbent with 7 votes

10. AB2022-028

Council appointment to fill vacancies on the Whatcom County Planning Commission – Applicant(s): Rachel Vasak, Kelvin Barton, Rhayma Blake, Charles Bailey, Alvin Scott Van Dalen, Julie Jefferson

District 4

Kershner moved to nominate Alvin Scott Van Dalen. The motion was seconded by Buchanan.

The motion carried by the following vote:

Aye:7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0

District 5

Frazey moved to consider all applicants. The motion was seconded by Buchanan.

Jill Nixon, Council Office Staff, answered questions about the districts and district boundaries and Councilmembers discussed the motion.

Councilmembers voted as follows:

    Whatcom County

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 Charles Bailey: 3 – Buchanan, Donovan, and Frazey

Kelvin Barton: 3 – Byrd, Elenbaas, and Kershner

Rhayma Blake: 2 – Byrd and Kershner

Julie Jefferson: 5 – Buchanan, Donovan, Elenbaas, Frazey, and Galloway Rachel Vasak: 1 – Galloway

Julie Jefferson was appointed with five votes.

Galloway moved to approve the top three, then withdrew her motion.

Kershner moved to vote again and vote for one. The motion was seconded by Buchanan.

Councilmembers discussed the motion and voted as follows:

Charles Bailey: 3 – Buchanan, Donovan, and Frazey Kelvin Barton:4 – Byrd, Elenbaas, Galloway, and Kershner Rhayma Blake: 0

Rachel Vasak: 0

Kelvin Barton was appointed with four votes.

This agenda item was APPOINTED.

SUMMARY – The following applicants were appointed:

Council District 4 (1 or 2 vacancies*):

• Alvin Scott Van Dalen with a vote of 7-0

Council District 5 (1 or 2 vacancies*):

• Julie Jefferson with 5 votes on the first round

• Kelvin Barton, incumbent with 3 votes on the first round and then 4 votes on the second round

11. AB2022-029

Council appointment to fill vacancies on the Solid Waste Advisory Committee – Applicant(s): Lisa Friend, Mike McQuarrie

Byrd moved to accept the late application. The motion was seconded by Kershner.

Jill Nixon, Council Office Staff, answered how late the late application was.

The motion carried by the following vote:

Aye: 7 – Kershner, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

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 Nay: 0

Frazey moved to appoint all the applicants. The motion was seconded by

Byrd.

Councilmembers discussed the motion.

The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

This agenda item was APPOINTED.

SUMMARY – The following were appointed 7-0:

General Citizen (2 vacancies):

• Lisa Friend, incumbent

• Kenneth Domorod (late application)

Other: Mike McQuarrie

ITEMS ADDED BY REVISION

There were no agenda items added by revision.

INTRODUCTION ITEMS

Buchanan moved that the introduction items be introduced but Kershner had a question first so he deferred to her.

Kershner asked and Councilmembers discussed whether AB2022-012 should be scheduled in committee for more discussion.

Kershner moved that it be scheduled in Public Works and Health Committee.

Dana Brown-Davis, Clerk of the Council, spoke about the process for introduction items being scheduled in committee. This item would go to the Finance Committee by default.

Kershner withdrew her motion.

Buchanan moved to introduce agenda items one and two. The motion was

seconded by Byrd (see motion and votes on individual items below).

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Council 1.

AB2022-012

Aye:

Nay: Absent:

AB2022-013

Aye:

Nay: Absent:

Minutes – Final January 11, 2022

Ordinance establishing the Geneva Bioretention Pilot Project Fund and establishing a project based budget for the Geneva Bioretention Pilot Project

Buchanan moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 0

0

Enactment No: ORD 2022-003

Ordinance amending the 2022 Whatcom County Budget, request no. 4, in the amount of $1,619,951

Buchanan moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 0

0

Enactment No: ORD 2022-004

  2.

 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

 ADJOURN

Councilmembers gave committee reports and Councilmember updates.

Satpal Sidhu, County Executive, spoke about donations received for flood victims and a recent car accident.

The meeting adjourned at 9:58 p.m.

The County Council approved these minutes on January 25, 2022. ATTEST:

 ______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Todd Donovan, Council Chair

 Whatcom County

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Council Minutes – Final January 11, 2022

 SIGNED COPY ON FILE

 Whatcom County

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******************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, January 25, 2022 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=898953&GUID=336236F7-51AF-4165-9F83-1A05DF0B1B59&Options=info|&Search= ]

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010); AGENDA REVISED 1.25.2022

COUNCILMEMBERS

Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final January 25, 2022

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,

Council Chair Todd Donovan called the meeting to order at 6 p.m. in a virtual meeting.

 Kaylee Galloway, and Kathy Kershner Absent: None

FLAG SALUTE ANNOUNCEMENTS

The Council is accepting applications to fill vacancies on the Board of Equalization. Applicants must be registered voters and live in Council District 3 or 5. The Board of Equalization hears property tax appeals and complaints regarding the Assessor ́s property value determination. Hearings are on Wednesdays and Thursdays. If you are interested and meet these 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 did not have a report.

MINUTES CONSENT

    1. MIN2022-005

Special Council for January 11, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

2. MIN2022-006

Buchanan moved to accept the minutes consent items. The motion was seconded by Frazey (see votes on individual items below).

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

  Whatcom County

Regular County Council for January 11, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Page 1

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Minutes – Final January 25, 2022

 3.

Nay: Absent:

MIN2022-007

Aye:

Nay: Absent:

0 0

Water Work Session for January 18, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Ordinance establishing a speed limit on a portion of Alderson Road

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Byrd moved and Buchanan seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Jim Karcher, Public Works Department, briefed the Councilmembers and answered whether this area is where the County was doing some maneuvering with the golf cart zone.

Byrd’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-002

 PUBLIC HEARING 1. AB2021-664

  Aye:

Nay: Absent:

OPEN SESSION (20 MINUTES)

Council staff played a short instructional video about how to speak at the meeting.

The following people spoke:

· Rob Lewis

· Michael Feerer

· Todd Lagestee

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January 25, 2022

 · Alexandra Williams

· Alexander Harris

· Sarah Gardam

· Megan Wiseman

· Richard Tran

· Wendy Harris

· Shean Halley

· Misty Flowers

· Jean Purcell

· Sara Rose

· Jennifer Durant

· Robert Bystrom

· Ken Domorod

· Judith Akin

· Fran Isbell

· Craig Robinson

· Andie Ward

· Natalie Chavez

· Hannah Ordos

· Nancy Bergman

· Karla Rae

· Skip Hamilton

· Lynnette Allen

Byrd spoke to Michael Feerer and requested he send the remainder of his comments to the Council and he also spoke to those who had comments about masking and vaccines.

Hearing no one else, Donovan closed the Open Session. Councilmembers took a five-minute break.

CONSENT AGENDA Part 1

(From Council Finance and Administrative Services Committee)

Byrd reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items 1-14.

Kershner moved to remove AB2022-051 and AB2022-056 (Agenda item numbers 7 and 10) from the Consent Agenda based on open session comments and an email received. The motion was seconded by Byrd.

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 1. AB2022-030

Aye:

Nay: Absent:

2. AB2022-034

Aye:

Nay: Absent:

3. AB2022-043

Aye:

Nay: Absent:

4. AB2022-045

Whatcom County

The motion carried by the following vote:

Aye: 7 – Frazey, Galloway, Kershner, Buchanan, Byrd, Donovan, and Elenbaas

Nay: 0

Councilmembers voted on Consent Agenda Items 1-6, 8-9, and 11-14 (see votes on individual items below).

Resolution cancelling uncollectible personal property taxes

Byrd reported for the Finance and Administrative Services Committee and moved that the Resolution be APPROVED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: RES 2022-002

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Kittitas County for jail services when extra housing is needed for Whatcom County Jail inmates

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request Authorization for the County Executive to enter into a contract between Whatcom County and the Washington State Office of Public Defense for the enhancement of Public Defense in the amount of $209,111.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Resolution to approve annual petition for refunds paid list consistent with RCW

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 Aye:

Nay: Absent:

5. AB2022-046

Aye:

Nay: Absent:

6. AB2022-047

Aye:

Nay: Absent:

7. AB2022-051

84.69.020

Byrd reported for the Finance and Administrative Services Committee and moved that the Resolution be APPROVED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: RES 2022-003

Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Military Department to prepare for all hazards through Emergency Management programs, in the amount of $74,247

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Military Department to prepare for all hazards through Emergency Management programs, in the amount of $25,325

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorizaition for the County Executive to enter into an agreement between Whatcom County and the Washington State Department of Natural Resources in the amount of $9,900.00

   This item was considered separately. See motion and vote below.

8. AB2022-052 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lifeline Connections to provide jail behavioral health and re-entry services in the amount of $604,882 for a total amended contract amount

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 9.

Aye:

Nay: Absent:

AB2022-053

Aye:

Nay: Absent:

AB2022-056

of $669,322

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Department of Ecology, in the amount of $1,295,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement with the City of Bellingham for Joint Usage of the Vactor Waste Transfer Facility

 10.

 This item was considered separately. See motion and vote below.

11. AB2022-057

Aye:

Nay: Absent:

12. AB2022-058

Request authorization for the County Executive to enter in to a contract with GeoTest Services, Inc. for on-call Construction Materials Testing and Inspection Construction Services in an amount not to exceed $150,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lydia Place to provide emergency housing for families experiencing unsheltered homelessness in the amount of $107,000 for a total

amended contract amount of $600,074

Byrd reported for the Finance and Administrative Services Committee and

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 13.

AB2022-059

Request authorization for the County Executive to enter into a collective bargaining agreement between Whatcom County and the Fraternal Order of Police for the period of January 1, 2022 – December 31, 2024

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 14.

AB2022-060

Request authorization for the County Executive to enter into a Collective Bargaining Agreement between Whatcom County and PROTEC17 for the period of January 1, 2022 – December 31, 2023

Byrd 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 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 1. AB2022-012

Ordinance establishing the Geneva Bioretention Pilot Project Fund and establishing a project based budget for the Geneva Bioretention Pilot Project

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED.

Frazey asked and Dana Brown-Davis, Clerk of the Council, answered whether they should go in the order of the agenda and go back to the remaining items that were removed from the Consent Agenda.

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

OTHER ITEMS Part 1

(From Council Finance and Administrative Services Committee)

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 Byrd withdrew his motion. Enactment No: ORD 2022-003

See action on this item below.

CONSENT AGENDA (Items Removed from Consent) Part 2

(From Council Finance and Administrative Services Committee)

 7.

AB2022-051 Request authorizaition for the County Executive to enter into an agreement between Whatcom County and the Washington State Department of Natural Resources in the amount of $9,900.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Agreement be AUTHORIZED.

Jon Hutchings, Public Works Department Director, answered whether this project is experimental and dangerous and stated maybe the best thing to do here is to ask that we just hold this until next meeting at which time we can bring up in the Natural Resources Committee the people who are running that program and they can answer those questions more directly about the implications if it suits the Council. He answered who is licensed to do aquatic application of herbicide.

Byrd moved to hold the item. The motion was seconded by Buchanan.

Councilmembers discussed the motion, what committee the item should go to if it was held, and why it has to be approved by the Council since it does not exceed the $40,000 threshold.

The motion failed by the following vote:

Aye: 1 – Donovan

Nay: 6 – Kershner, Buchanan, Byrd, Elenbaas, Frazey, and Galloway

Byrd’s motion that the Agreement be AUTHORIZED carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

AB2022-056 Request authorization for the County Executive to enter into an interlocal agreement with the City of Bellingham for Joint Usage of the Vactor Waste Transfer Facility

 10.

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 Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED.

Councilmembers discussed why this item was pulled from the Consent Agenda.

Jon Hutchings, Public Works Department Director, stated he would reach out to the constituent who asked what we do with the waste we collect, and he answered what the current controversy is regarding how the City of Bellingham is attempting to manage the waste water sludge.

Byrd’s motion that the Interlocal be AUTHORIZED carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

OTHER ITEMS Part 2

(From Council Finance and Administrative Services Committee)

 1.

AB2022-012 Ordinance establishing the Geneva Bioretention Pilot Project Fund and establishing a project based budget for the Geneva Bioretention Pilot Project

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED.

Jon Hutchings, Public Works Department Director, answered whether any funding for this is coming out of the Behavioral Health Program Fund.

Byrd’s motion that the Ordinance be ADOPTED carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 2.

AB2022-013

Enactment No: ORD 2022-003

Ordinance amending the 2022 Whatcom County Budget, request no. 4, in the amount of $1,619,951

 Byrd reported for the Finance and Administrative Services Committee and stated the committee has held this item in committee for further information until our next meeting.

 Whatcom County

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 3.

Request authorization for the County Executive to enter into a contract between Whatcom County and Ideal Options for Physician Services in the amount of $277,842.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a Memorandum of Understanding for the Way Station

Aye:

Nay: Absent: Abstain:

AB2022-044

Aye:

Nay: Absent:

AB2022-049

Buchanan, Donovan, Frazey, and Galloway Byrd, and Elenbaas

Frazey moved that the Ordinance be ADOPTED. The motion was seconded by Galloway.

Councilmembers discussed the motion and the following people answered questions:

· Erika Lautenbach, Health Department Director

· Tyler Schroeder, Executive’s Office

Schroeder walked through the background of the Ordinance.

Lautenbach answered whether this Ordinance is independent of the full transition or a pre-cursor, and whether there would be a disruption of services if this was not adopted tonight.

Frazey’s motion that the Ordinance be ADOPTED carried by the following vote:

4 –

2 –

0

1 –

Enactment No: ORD 2022-004

Kershner

 4.

 Byrd reported for the Finance and Administrative Services Committee and moved that the Memorandum of Agreement be AUTHORIZED.

Councilmembers discussed why Byrd abstained on this item in committee

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 5.

AB2022-050

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Pacific Security to provide security services at COVID isolation and quarantine facilities and community vaccine clinics in the amount of $48,201 for a total amended contract amount of $224,210

6.

AB2022-055

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Whatcom Conservation District, in the

and discussed the item.

Byrd’s motion that the Memorandum of Agreement be AUTHORIZED carried by the following vote:

Aye: 5 – Buchanan, Donovan, Frazey, Galloway, and Kershner

Nay: 2 – Byrd, and Elenbaas Absent: 0

 Byrd reported for the Finance and Administrative Services Committee and stated it was recommended not to be approved and Councilmembers discussed the action taken in Committee. He moved to not pass the item.

Frazey moved and Galloway seconded that the Contract be AUTHORIZED. Councilmembers discussed the concerns that were expressed in the Finance

Committee and the following people answered questions:

· Erika Lautenbach, Health Department Director

· Tyler Schroeder, Executive’s Office

Lautenbach answered questions about whether there is any retroactive

payment, and the money that is going toward paying for a car.

Schroeder spoke about the scope of work of this contract and one previously approved.

Byrd withdrew his original motion not to pass and left it as a recommendation.

Frazey’s motion that the Contract be AUTHORIZED carried by the following vote:

Aye: 6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

Nay: 1 – Elenbaas Absent: 0

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 amount of $35,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract (FCZDBS) be AUTHORIZED.

Councilmembers voted on the item (see below) and Elenbaas spoke about the item.

Byrd’s motion that the Contract (FCZDBS) be AUTHORIZED carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

(From Council Planning and Development Committee)

7. AB2021-744

Resolution approving recommendations on three applications for Open Space Current Use Assessment

Elenbaas reported for the Planning and Development Committee and moved that the Resolution be APPROVED.

Councilmembers discussed why the two applicants were kept in that were not recommended by the Planning and Development Services Department staff and OSP2020-00004 for which staff did not recommend approval and the Planning Commission made no recommendation.

Elenbaas’s motion that the Resolution be APPROVED carried by the following vote:

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: RES 2022-004

(From Council Committee of the Whole)

8. AB2021-209

Resolution regarding permanent affordability of childcare in Whatcom County

Frazey moved and Buchanan seconded that the “Revised Resolution as Revised on 1.25.2022” on the Legislative Information Center be APPROVED.

Councilmembers discussed the version being considered and whether this is

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 an amendment or a substitute Resolution.

Dana Brown-Davis, Clerk of the Council, requested that they move to approve the substitute version as revised on January 25, 2022.

Frazey restated her motion to approve the SUBSTITUTE Resolution from today (January 25, 2022). The motion was seconded by Buchanan.

Kershner spoke about being careful not to allocate the money for things that do not last.

Galloway asked about a scrivener’s error in the Resolution.

Frazey’s motion that the SUBSTITUTE Resolution be APPROVED carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner Nay: 0

Absent: 0

Abstain: 1 – Elenbaas

Enactment No: RES 2022-005

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

1. AB2022-026

Council appointment to fill vacancies on the Incarceration Prevention and Reduction Task Force – Applicant(s): Jason McGill, Jason Smith, Jenn Lockwood, Gregory Todd Lagestee, Heather Flaherty, Deborah Hawley, McKale Jones, Debra David

Jill Nixon, Council Office staff, spoke about a suggested process.

Buchanan moved and Byrd seconded to nominate both applicants for the Consumer of services or family member position.

Councilmembers discussed the motion and voted as follows:

Deborah Hawley, incumbent: 6 – Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Debra David: 1 – Elenbaas

Appointed: Deborah Hawley

Kershner moved and Buchanan seconded to nominate the four remaining

applicants for the Concerned Citizen position.

Aye:

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  2.

AB2022-054

Councilmembers discussed the motion and voted as follows:

Heather Flaherty, incumbent: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

McKale Jones: 0

Gregory Todd Lagestee: 0

Debra David:0

Appointed: Heather Flaherty

Kershner moved and Buchanan seconded to nominate all four applicants for the Social Services Provider position.

Councilmembers discussed the motion and each voted for two applicants as follows:

Jason McGill: 5 – Buchanan, Byrd, Frazey, Galloway, and Kershner Jason Smith: 2 – Byrd, and Elenbaas

Jenn Lockwood: 4 – Donovan, Elenbaas, Frazey, and Kershner Gregory Todd Lagestee: 3 – Buchanan, Donovan, and Galloway

Appointed: Jason McGill and Jenn Lockwood

This agenda item was APPOINTED.

Council appointment to the Flood Control Zone District Advisory Committee – Alternate, applicant(s): Loren Hoekema (Council Acting as the Flood Control Zone District Board of Supervisors )

Elenbaas moved and Frazey seconded that the Council Appointment be APPOINTED.

Elenbaas commented on the motion.

Elenbaas’s motion that the Council Appointment be APPOINTED carried by the following vote:

 3.

AB2022-068 Council appointment to fill vacancies on the Forestry Advisory Committee, Harvester position – Applicant(s): Matt McGee

Buchanan moved and Byrd seconded that the Council Appointment be APPOINTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Aye: Absent: 0

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Minutes – Final January 25, 2022

 4.

AB2022-069

Council appointment to fill vacancy on the Lynden/Everson Flood Control Subzone Advisory Committee – Applicant(s): Shawna DeKriek (Council Acting as the Flood Control Zone District Board of Supervisors)

Kershner moved and Frazey seconded that the Council Appointment be APPOINTED.

Elenbaas commented on the motion.

Kershner’s motion that the Council Appointment be APPOINTED carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

  1. AB2022-061

Request confirmation of the County Executive’s appointments and reappointments to various county boards, committees and commissions

Dana Brown-Davis, Clerk of the Council, stated there is a substitute summary and a substitute packet of applications (“Substitute Applications A 1.24.2022”).

Galloway moved and Frazey seconded that the SUBSTITUTE Executive Appointment be CONFIRMED. The motion carried by the following vote:

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

ITEMS ADDED BY REVISION

 1. AB2022-079

Whatcom County

Ordinance amending Whatcom County Code 2.02.085, Council Standing Committees – Committee Action

Councilmembers and Council staff discussed the order of considering this item in the agenda.

Galloway moved to add AB2022-063 to the agenda then withdrew her

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January 25, 2022

 1. AB2022-048

Aye:

Nay: Absent: Abstain:

motion since these are introduction items.

Councilmembers discussed when to talk about AB2022-063.

Frazey moved and Galloway seconded that the Ordinance be INTRODUCED.

Councilmembers discussed the item.

Frazey’s motion that the Ordinance be INTRODUCED carried by the following vote:

6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

1 – Byrd

Enactment No: ORD 2022-010

INTRODUCTION ITEMS

 Buchanan moved to remove AB2021-606 from Introduction. The motion was seconded by Kershner.

The motion carried by the following vote:

Aye: 6 – Frazey, Galloway, Kershner, Buchanan, Donovan, and Elenbaas Nay: 0

Abstain: 1 – Byrd

Kershner moved to introduce items 1, 3, 4, 5, 6, and 7. The motion was seconded by Frazey.

Councilmembers and Council staff discussed how it is decided whether these items will be scheduled for a committee, and the origin of the ordinances. Councilmembers voted on the items (see votes on individual items below).

Ordinance authorizing Superior Court to appoint a statutory commissioner

Kershner moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

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 Absent:

2. AB2021-606

Aye:

Nay: Absent: Abstain:

3. AB2022-036

Aye:

Nay: Absent:

4. AB2022-039

Aye:

Nay: Absent:

5. AB2022-040

0

Enactment No: ORD 2022-009

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

Buchanan moved and Kershner seconded that the Ordinance Requiring a Public Hearing be WITHDRAWN. The motion carried by the following vote:

6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

1 – Byrd

Enactment No: ORD 2022-013

Ordinance repealing the Cherry Point Ferndale Subarea Plan and deleting a reference to the Subarea Plan in the Whatcom County Comprehensive Plan

Kershner moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-015

Ordinance to temporarily close Gulf Road to Motorized Vehicular Traffic

Kershner moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-005

Ordinance for the legal establishment of a speed limit for a portion of Nulle Road

Kershner moved and Frazey seconded that the Ordinance Requiring a Public

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 6.

AB2022-041

Enactment No: ORD 2022-006

Ordinance to install a stop sign on Northwest Drive

Kershner moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

7.

AB2022-042

Enactment No: ORD 2022-007

Ordinance regarding the legal establishment of existing yield signs on county roads

Kershner moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-008

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

Councilmembers gave committee reports.

Galloway spoke about AB2022-063 Letter to Commissioner of Public Lands and Washington State Board of Natural Resources regarding proposed Bessie Sorts Timber Sale and moved to approve the revised letter. The motion was seconded by Frazey.

Dana Brown-Davis, Clerk of the Council, clarified that this is the substitute letter.

The motion carried by the following vote:

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 Aye: 4 – Buchanan, Donovan, Frazey, and Galloway Nay: 2 – Kershner and Elenbaas

Abstain: 1 – Byrd

Cathy Halka, Council Legislative Analyst, briefed the Councilmembers about the kick-off meeting for the COVID-19 pandemic response review contract on January 27, 2022.

Councilmembers discussed whether Councilmembers should be present at the kick-off meeting and the purpose of the meeting.

Kershner moved that she and one other Councilmember who wants to go will participate in this meeting. She suggested that Elenbaas be the other Councilmember. The motion was seconded by Byrd.

Councilmembers discussed the motion and Buchanan stated he would volunteer to join Kershner.

Kershner revised her motion that she and Buchanan will participate in the meeting. The motion was seconded by Elenbaas.

Councilmembers discussed the motion, the agenda topics of the meeting, and other meeting options.

The following spoke about whether it would be an issue with quorum since Kershner and Buchanan are both on the Public Works and Health Committee:

• Dana Brown-Davis, Clerk of the Council

• Karen Frakes, Prosecuting Attorney’s Office

Kershner amended her motion that just she will participate in the meeting. She stated she would report back to Council.

Councilmembers continued to discuss the motion.

The motion carried by the following vote:

Aye: 6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 1 – Byrd

Elenbaas spoke about and Councilmembers discussed trying to meet in person for at least a portion of their meetings.

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 Motions were approved.

ADJOURN

Kershner moved that they ask staff to give them an update at the next Committee of the Whole meeting on where we are with technology and any other issues regarding opening the Council Chambers in a hybrid capacity. The motion was seconded by Galloway.

Councilmembers discussed the motion.

Karen Frakes, Prosecuting Attorney’s Office, stated she believes it is still the law that they have to have a hybrid component so the meetings would have to be hybrid meetings.

The motion carried by the following vote:

Aye: 7 – Byrd, Donovan, Elenbaas, Frazey, Galloway, Kershner, and Buchanan

Nay: 0

Councilmembers gave other updates.

The meeting adjourned at 10:27 p.m.

The County Council approved these minutes on February 8, 2022. ATTEST:

 ______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Todd Donovan, Council Chair

 Whatcom County

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*******************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, February 8, 2022 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=899052&GUID=B590037A-CD87-4AE4-98A3-0C4D3DEAA2E8&Options=info|&Search= ]

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010); AGENDA REVISED 2.7.2022 AND 2.8.2022

COUNCILMEMBERS

Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final February 8, 2022

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,

Council Chair Todd Donovan called the meeting to order at 6:01 p.m. in a virtual meeting.

 Kaylee Galloway, and Kathy Kershner Absent: None

FLAG SALUTE ANNOUNCEMENTS

Donovan read the following announcement:

The Council is accepting applications to fill vacancies on the Board of Equalization. Applicants must be registered voters and live in Council District 3 or 5. The Board of Equalization hears property tax appeals and complaints regarding the Assessor ́s property value determination. Hearings are on Wednesdays and Thursdays. If you are interested and meet these qualifications, please let us know at 360-778-5010 or email the council at Council@co.whatcom.wa.us.

Donovan then reported for the Committee of the Whole Executive Session.

Buchanan moved the following:

I hereby move to approve defense and indemnification of George Roche, named as defendants in Geneva Langworthy, Plaintiff v. Washington Courts and George Roche, Defendants, United States District Court Western District of Washington 2:21-cv-01615-RAJ. Based on the following findings:

A. George Roche was acting in a matter in which the county had an interest;

B. George Roche was acting in the discharge of a duty imposed or authorized by law;

C. George Roche acted in good faith

The motion was seconded by Byrd.

The motion carried by the following vote:

Aye: 6 – Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan Nay: 0

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Council Minutes – Final February 8, 2022

 Out of the Meeting: 1 – Elenbaas A motion was made and approved.

COUNTY EXECUTIVE’S REPORT

Satpal Sidhu, County Executive, stated he did not have a report.

MINUTES CONSENT

  1. MIN2022-008

Aye:

Nay: Absent: Temp Absent:

2. MIN2022-009

Aye:

Nay: Absent: Temp Absent:

3. MIN2022-010

Aye:

Nay: Absent: Temp Absent:

4. MIN2022-011

Byrd moved to accept the minutes consent items. The motion was seconded by Frazey (see votes on individual items below).

REVISED MINUTES for Regular County Council on December 7, 2021

Byrd moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 0

0

1 – Elenbaas

Committee of the Whole for January 25, 2022

Byrd moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 0

0

1 – Elenbaas

Regular County Council for January 25, 2022

Byrd moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 0

0

1 – Elenbaas

Health Board for February 1, 2022

Byrd moved and Frazey seconded that the Minutes Consent be APPROVED

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Minutes – Final

BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 0

0

1 – Elenbaas

February 8, 2022

 Nay: Absent: Temp Absent:

PUBLIC HEARINGS

1. AB2022-036

Council staff played a short instructional video about how to speak at the meeting.

Ordinance repealing the Cherry Point Ferndale Subarea Plan and deleting a reference to the Subarea Plan in the Whatcom County Comprehensive Plan

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Buchanan moved that the Ordinance be ADOPTED. There was not a second.

Dana Brown-Davis, Clerk of the Council, stated the recommended motion for this is to forward for concurrent review which will happen at a later date.

Buchanan moved and Frazey seconded (after a Public Hearing was held) that the Ordinance Requiring a Public Hearing be FORWARDED FOR CONCURRENT REVIEW. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 0

0

1 – Elenbaas

Enactment No: ORD 2022-015

Ordinance to temporarily close Gulf Road to Motorized Vehicular Traffic

Jim Karcher, Public Works Department, stated he was available for questions.

Donovan opened the Public Hearing and the following person spoke: · Ken Domorod

Hearing no one else, Donovan closed the Public Hearing.

Aye:

  Aye:

Nay: Absent: Temp Absent:

2. AB2022-039

  Whatcom County

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Minutes – Final February 8, 2022

 3.

AB2022-040

Enactment No: ORD 2022-005

Ordinance for the legal establishment of a speed limit for a portion of Nulle Road

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Frazey moved and Kershner seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote:

4.

AB2022-041

Karcher addressed a question from the public hearing about the impact for law enforcement to conduct patrols up there or to respond to emergencies.

Clerk’s note: Elenbaas joined the meeting at 6:16 p.m.

Buchanan moved and Frazey seconded that the Ordinance Requiring a Public

Hearing be ADOPTED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-006

Ordinance to install a stop sign on Northwest Drive

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Kershner moved and Buchanan seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Kershner stated she uses that intersection all the time and is happy to see they are looking at putting a stop sign there.

Kershner’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-007

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AB2022-042

Minutes – Final February 8, 2022

Ordinance regarding the legal establishment of existing yield signs on county roads

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Frazey moved and Kershner seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Jim Karcher, Public Works Department, answered how many yield signs are going to fall under this Ordinance.

Frazey’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

  7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Aye: Absent: 0

Enactment No: ORD 2022-008

OPEN SESSION (20 MINUTES)

Donovan gave instructions for how to speak at the meeting and the following people spoke:

· Mary (last name not given)

· Shari Lapof

· Melissa Wisener

· Misty Flowers

· Rebecca Wilson

· Robert Bystrom

· David Spring

· Zack Giffin

· Tammy Lagerwey

· Richard Tran

· Dam Pham

· Sara Rose

· Samantha Birch

· Ken Domorod

· Jennifer Durant

· Fran Isbell

· Kelley Bouma

· Cynthia Thompson

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February 8, 2022

 · Lindy (last name not given)

· Joann Pattern

· Wendy Harris

· Hannah Ordos

· Nancy Bergman

· Shean Halley

· Natalie Chavez

· Jean Purcell

· Fallon Richardson

· Cynthia Thompson (second time)

Hearing no one else, Donovan closed the Open Session.

Donovan reported on the Committee of the Whole discussion about re-opening the Council Chambers.

Clerk’s note: Councilmembers took a five-minute break. CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

 1. AB2022-065

Byrd reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through seven.

Elenbaas moved to consider Consent Agenda item three (AB2022-076) separately (there was not a second and Donovan stated they do not need to vote on it).

Byrd amended his motion and moved that they approve the Consent Agenda items except for AB2022-076.

Galloway spoke about AB2022-075.

Councilmembers voted on those items (see votes on individual items below).

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and U.S. Department of Justice, for Organized Crime Drug Enforcement Task Force (OCDETF), in the amount of $2,500.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

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Minutes – Final February 8, 2022

 2.

Aye:

Nay: Absent:

AB2022-075

Aye:

Nay: Absent:

AB2022-076

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and City of Bellingham to provide winter shelters during severe weather emergencies

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Resolution amending the 2022 CEDS project list to include an additional Port of Bellingham project and revise the name of a Whatcom County project already listed

 3.

 Enactment No: RES 2022-006 See action on this item below.

4. AB2022-078

Aye:

Nay: Absent:

5. AB2022-091

Request authorization for a Letter of Understanding between Whatcom County and The International Organization of Masters, Mates and Pilots (MMP) and the Inlandboatmen’s Union of the Pacific (IBU) to amend the current Collective Bargaining Agreement for the period of January 1, 2020 – December 31,2022

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Health Care Authority to provide funding to accomplish activities under the Law Enforcement Assisted Diversion (LEAD) program during the grant period 10/01/21 – 06/30/23 in the amount of

$1,175,834.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion

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6.

Minutes – Final February 8, 2022 carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 AB2022-092

Request authorization for the County Executive to enter into a contract between Whatcom County and Sea Mar Community Health Centers to furnish goods and services necessary to accomplish activities under the Law Enforcement Assisted Diversion (LEAD) program during the contract term 10/1/21 – 03/31/22 and not to exceed the amount of $371,583.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

 7.

AB2022-093

Request authorization for the County Executive to enter into a contract between Whatcom County and Gallagher Benefit Services, Inc. to provide a compensation study for unrepresented employees, in an amount not to exceed $50,000

Byrd 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 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Considered Separately (From Council Finance and Administrative Services Committee)

3. AB2022-076

Resolution amending the 2022 CEDS project list to include an additional Port of Bellingham project and revise the name of a Whatcom County project already listed

Byrd reported for the Finance and Administrative Services Committee and moved that the Resolution be APPROVED.

The following people briefed the Councilmembers:

 · ·

Satpal Sidhu, County Executive Tyler Schroeder, Executive’s Office

 Whatcom County

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 Councilmembers and the speakers discussed a concern that we do not end up making Whatcom County responsible for that facility in the long term with what we are doing with this, whether the $10 million estimated cost is the County portion, and whether the American Rescue Plan Act (ARPA) funds mentioned in the Staff Memo are State ARPA funds and not County ARPA funds.

Byrd’s motion that the Resolution be APPROVED carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: RES 2022-006

OTHER ITEMS

(From Council Natural Resources Committee)

 1. AB2022-071

Resolution affirming the Conservation Easement Program Oversight Committee ranking and authorizing Whatcom County Conservation Easement Program Administrator and Whatcom County Executive to proceed with the acquisition of conservation easements on the Vander Veen, Rethlefsen, Savage, and Moors applications

Galloway reported for the Natural Resources Committee and moved that the Resolution be APPROVED.

Elenbaas spoke about the video that was presented in Committee and asked about its purpose.

Galloway’s motion that the Resolution be APPROVED carried by the following vote:

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: RES 2022-007

(From Council Finance and Administrative Services Committee)

2. AB2022-072 Request authorization for the County Executive to enter into a contract between Whatcom County and Aristo Healthcare Services to provide immediate staffing at

COVID Isolation and Quarantine Facility overflow sites, in the amount of $705,200

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Minutes – Final February 8, 2022

 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

(From Council Criminal Justice and Public Safety Committee)

3. AB2022-048

Ordinance authorizing Superior Court to appoint a statutory commissioner Buchanan reported for the Criminal Justice and Public Safety Committee.

Leon Henley, Superior Court Commissioner, answered what the role of a Commissioner is and how that serves Superior Court’s purpose, and whether this would help the capacity of Superior Court in terms of cases.

Councilmembers thanked Henley for coming to speak and discussed the item.

Buchanan moved and Galloway seconded that the Ordinance be ADOPTED. The motion carried by the following vote:

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-009

(From Council Committee of the Whole)

4. AB2022-079

Ordinance amending Whatcom County Code 2.02.085, Council Standing Committees – Committee Action

Donovan reported for the Committee of the Whole and moved that the Ordinance be ADOPTED. The motion was seconded by Galloway.

Councilmembers discussed the motion and the reason the Ordinance was brought forward.

Satpal Sidhu, County Executive, spoke about the Ordinance and stated it is not changing the law but bringing clarity.

Councilmembers and Sidhu continued to discuss the motion.

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 5.

Aye:

Nay: Absent:

AB2021-594

Donovan’s motion that the Ordinance be ADOPTED carried by the following vote:

4 – Buchanan, Donovan, Frazey, and Galloway 3 – Byrd, Elenbaas, and Kershner

0

Enactment No: ORD 2022-010

Ordinance amending Whatcom County Code Chapter 2.02 (County Council) to define absence and temporary disability

Donovan reported for the Committee of the Whole and stated that this item was HELD IN COMMITTEE.

 (No Committee Assignment)

6. 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

Buchanan moved and Elenbaas seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Galloway briefed the Councilmembers on the substitute Ordinance and moved to amend the motion to adopt the substitute Ordinance but Buchanan stated his motion was to adopt the substitute.

Councilmembers discussed whether they need to amend the substitute version or if it is good to go, whether the substitute’s amendments solve the problem of one grower who was not being monitored and making sure that code enforcement was being applied to that grower, and whether any of these amendments create more problems.

Buchanan’s motion that the SUBSTITUTE Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-011

Resolution supporting state legislative action resetting the deadline for participation in the voluntary stewardship program and supporting the consideration of an ordinance consistent with RCW 36.70A.710(b)(i-iii) in the event such legislation is passed

 Aye:

Nay: Absent:

7. AB2022-080

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 Karen Frakes, Prosecuting Attorney’s Office, briefed the Councilmembers on the item.

Elenbaas recused himself from the discussion and vote.

Councilmembers discussed the Resolution and Frakes answered whether this is the Farm Bureau and the County and the parties are in agreement on this Resolution.

A vote was taken but there had not been a motion. The chair began to read the next item but Dana Brown-Davis, Clerk of the Council, asked about the motion.

Kershner moved and Buchanan seconded that the Resolution be APPROVED. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner Nay: 0

Absent: 0

Recused: 1 – Elenbaas

Enactment No: RES 2022-008

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

Aye:

 1. AB2022-095

Appointment to fill a vacancy on the Flood Control Zone District Advisory Committee, Geographic Area Representative position – alternates: Theresa Sygitowicz, Daniel Dahlquist, Joni Hensley, Keith Hoekema, Loren Hoekema (Council acting as the Flood Control Zone District Board of Supervisors)

Byrd moved to nominate all applicants. The motion was seconded by Elenbaas.

Dana Brown-Davis, Clerk of the Council, briefed the Councilmembers on the item.

Councilmembers discussed whether they should appoint someone from the alternate list tonight or hold to a later date to solicit new applications.

Kershner moved that they vote tonight but Donovan stated there is a standing motion already on the floor.

Elenbaas spoke in favor of Loren Hoekema.

Jill Nixon, Council Office Staff, answered whether Keith Hoekema’s

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Minutes – Final

February 8, 2022

 application had been withdrawn. Councilmembers voted as follows:

Frazey: Loren Hoekema Galloway: Loren Hoekema Kershner: Loren Hoekema Buchanan: Loren Hoekema Byrd: Loren Hoekema Donovan: Loren Hoekema Elenbaas: Loren Hoekema

Loren Hoekema was appointed 7-0.

This agenda item was APPOINTED.

EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

  1. AB2022-094

Request confirmation of Executive Sidhu’s reappointment of Kara Allen to the North Sound Behavioral Health Administrative Services Organization’s board

Buchanan moved and Kershner seconded that the Executive Appointment be CONFIRMED. The motion carried by the following vote:

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

ITEMS ADDED BY REVISION

 1. AB2022-108

Aye:

Nay: Absent:

2. AB2021-606

Appointment to fill a vacancy on the Forestry Advisory Committee, Forest Product Manufacturer position – Applicant(s): Aubrey Stargell

Kershner moved and Buchanan seconded that the Council Appointment be APPOINTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

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

Buchanan moved and Frazey seconded that the Ordinance Requiring a Public

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 Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-013

INTRODUCTION ITEMS

 1. AB2021-420

Frazey moved to introduce items one through seven. The motion was seconded by Galloway

Dana Brown-Davis, Clerk of the Council, stated that Introduction item number six (AB2022-082) will be a substitute version because the substitute marijuana Ordinance (AB2021-648) was passed tonight and the additional changes need to be made to the code scrub.

Councilmembers voted on the Introduction items (see votes on individual items below).

Ordinance amending the Whatcom County Comprehensive Plan Map and zoning code for the Nooksack Falls Exclave within the Mount Baker-Snoqualmie National Forest

Frazey moved and Galloway seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

 2. AB2022-083

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-014

Ordinance amending Ordinance No. 2021-064 (Review of Response to COVID-19 Pandemic) to change project timeline

Frazey moved and Galloway seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-019

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3. AB2022-086

Aye:

Nay: Absent:

4. AB2022-088

Aye:

Nay: Absent:

5. AB2022-089

Aye:

Nay: Absent:

6. AB2022-082

Aye:

Nay: Absent:

Minutes – Final February 8, 2022

Ordinance amending the 2022 Whatcom County Budget, request no. 5, in the amount of $7,750,231

Frazey moved and Galloway seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-016

Ordinance closing the State Street Building Acquistion and Improvement Fund 348

Frazey moved and Galloway seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-017

Ordinance establishing the Way Station Project Fund and establishing a project based budget for the Way Station Project

Frazey moved and Galloway seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-018

Ordinance adopting various minor amendments to Whatcom County Code Titles 20 (Zoning), 21 (Land Division Regulations) and 22 (Land Use and Development)

Frazey moved and Galloway seconded that the SUBSTITUTE Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

     7 – 0 0

Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

 Whatcom County

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Minutes – Final February 8, 2022

 7.

AB2022-073

Enactment No: ORD 2022-012

Appointment to the Stakeholder Advisory Committee for the Justice Project, applicants: Debra David, Peter Frazier, RB Tewksbury (added 2/9/2022), Jeff Hindman (added 2/9/2022) (application deadline for any other applicants to this vacancy is 10 a.m. on February 15, 2022)

Frazey moved and Galloway seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

 Aye:

Absent: 0

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

 ADJOURN

Councilmembers gave committee reports.

They and Satpal Sidhu, County Executive, also discussed the following:

· Whether speakers can see the Councilmembers during Open Session

· What we are measuring to call an end to the COVID-19 pandemic

emergency that Executive Sidhu put in place

· Whether there is an end date for mask mandates

· A commonality between hemp and marijuana and whether marijuana

is farming

· Scheduling an update from the Sheriff in the Criminal Justice and

Public Safety Committee regarding the state of the County with gang

activity and violent crime, and challenges in the Jail

· State Legislative updates

· A Washington State Association of Counties (WSAC) Coastal

Caucus update

· A Disaster Unemployment Assistance Program available for those in

the community who lost their job or are unemployed directly due to

the recent disaster

· A book co-authored by Councilmember Frazey

The meeting adjourned at 9:24 p.m.

The County Council approved these minutes on February 22, 2022. ATTEST:

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Minutes – Final

February 8, 2022

 ______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Todd Donovan, Council Chair

 Whatcom County

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*********************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, February 22, 2022 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=899061&GUID=4751561A-A4F1-4D68-9285-6053E9DEB70D&Options=info|&Search= ]

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010); AGENDA REVISED 2.22.2022

COUNCILMEMBERS

Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final February 22, 2022

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,

Council Chair Todd Donovan called the meeting to order at 6:01 p.m. in a virtual meeting.

 Kaylee Galloway, and Kathy Kershner Absent: None

FLAG SALUTE

ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

Satpal Sidhu, County Executive, updated on the following:

   MINUTES CONSENT

1. MIN2022-012

Byrd moved to accept the minutes consent items. The motion was seconded by Buchanan (see votes on individual items below).

Committee of the Whole Executive Session for February 8, 2022

Byrd moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

· Flood recovery and a deadline of March 7, 2022 deadline to file claims for impacts from the flood event

· Two Whatcom County Sheriff’s deputies who were recently shot in the line of duty

· Two rescinded Executive Orders to start the process for opening the County for in-person business and a new Executive Order which goes into effect today regarding adjusting County operations for Covid-19 recovery

· The alternate response initiative and the request to fund fourteen full time equivalent positions for the new Response Division GRACE & LEAD programs

  Aye: 7 –

Nay: 0 Absent: 0

Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

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2. MIN2022-013

Aye:

Nay: Absent:

3. MIN2022-014

Aye:

Nay: Absent:

4. MIN2022-015

Aye:

Nay: Absent:

Minutes – Final February 22, 2022

Committee of the Whole for February 8, 2022

Byrd moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Regular County Council for February 8, 2022

Byrd moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Water Work Session for February 15, 2022

Byrd moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

    PUBLIC HEARINGS

 1. AB2022-082

Council staff played a short instructional video about how to speak at the meeting.

Ordinance adopting various minor amendments to Whatcom County Code Titles 20 (Zoning), 21 (Land Division Regulations) and 22 (Land Use and Development)

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Frazey moved and Galloway seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-012

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AB2021-606

Minutes – Final February 22, 2022

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

Donovan stated they would be considering a substitute Exhibit A. He opened the Public Hearing and the following person spoke:

· Zachariah Giffin

Hearing no one else, Donovan closed the Public Hearing.

Byrd moved and Buchanan seconded that the SUBSTITUTE Ordinance Requiring a Public Hearing be ADOPTED. He then addressed the speaker and Councilmembers discussed the motion.

Giffin spoke again about the Senate House Bill which had a provision in it allowing for tiny homes and tiny home communities outside of the Urban Growth Areas, and the current pathway for moveable tiny homes going through Labor and Industries (L & I).

The following people answered whether they need to re-introduce the Ordinance and have a new public hearing since there is a substitute Exhibit A.

· Dana Brown-Davis, Clerk of the Council

· Karen Frakes, Prosecuting Attorney’s Office

· Cliff Strong, Planning and Development Services Department

Byrd’s motion that the SUBSTITUTE Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

  7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Aye: Absent: 0

Enactment No: ORD 2022-013

APPROVAL OF COMPREHENSIVE PLAN AMENDMENTS

 1. AB2021-420

Donovan read the process for dealing with Comprehensive Plan amendments.

Ordinance amending the Whatcom County Comprehensive Plan Map and zoning code for the Nooksack Falls Exclave within the Mount Baker-Snoqualmie National Forest

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Minutes – Final February 22, 2022

 2.

Aye:

Nay: Absent: Abstain:

AB2022-036

The following people answered a question about the concurrent review process, how these items fit into that process, why this item was re-introduced, and whether they were already discussed by the Councilmembers.

· Dana Brown-Davis, Clerk of the Council

· Karen Frakes, Prosecuting Attorney’s Office

See motion and vote on concurrent approval of this item in the minutes below.

Buchanan moved and Frazey seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote:

6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

1 – Byrd

Enactment No: ORD 2022-014

Ordinance repealing the Cherry Point Ferndale Subarea Plan and deleting a reference to the Subarea Plan in the Whatcom County Comprehensive Plan

Frazey moved and Buchanan seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

See motion and vote on concurrent approval of this item in the minutes below.

Frazey’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

1 – Byrd

Enactment No: ORD 2022-015

 Aye:

Nay: Absent: Abstain:

CONCURRENT REVIEW

Frazey moved to approve the above adopted Comprehensive Plan amendments concurrently. The motion was seconded by Kershner.

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Minutes – Final February 22, 2022

 Councilmembers discussed the motion.

The motion carried by the following vote:

Aye: 6 – Frazey, Galloway, Kershner, Buchanan, Donovan, and Elenbaas Nay: 0

Abstain: 1 – Byrd

Kershner made a point of order and asked whether AB2022-036 (which was listed online as an “Ordinance Requiring a Public Hearing”) had a public hearing. The Clerk responded to this question during COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES below.

OPEN SESSION (20 MINUTES)

Council staff played a short instructional video about how to speak at the meeting.

The following people spoke:

· Richard Tran

· Johnathan Humphrey

· Eleanor Hines

· Robert Bystrom

· Becky Raney

· Enoch Mann

· Misty Flowers

· Fran Isbell

· Tammie Lagerwey

· Wendy Harris

· Fallon Richardson

· (Name not given)

· Kenneth Domorod

· Hannah Ordos

· Sara Rose

· (Name not given)

· Harold

· Nancy Bergman

· Natalie Chavez

· Angelica Duvier

· Jean Purcell

· Dennis Lytle

· Lindy (last name not given)

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February 22, 2022

 · ·

Susan Prosser Jasmine Prosser

Hearing no one else, Donovan closed the Open Session.

Donovan spoke about opening the Chambers for in-person meetings.

Clerk’s note: Council took a ten-minute break. CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

 1. AB2022-037

Byrd reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through nine (item ten was withdrawn).

Councilmembers discussed agenda item number two (AB2022-074) and Satpal Sidhu, County Executive, answered a question about the request.

Councilmembers voted on the Consent Agenda items (see votes on individual items below).

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Flex Financial, a division of Stryker Sales Corporation, for two additional gurneys not included in the original agreement, increasing the agreement by $116,700.03

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

 2. AB2022-074

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Cascadia Law Group, PLLC for legal advice, in the amount of $60,000 for a total amended amount of $100,000

See discussion on this item in the Consent Agenda header above.

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye:

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Minutes – Final February 22, 2022

 Nay: Absent:

3. AB2022-081

Aye:

Nay: Absent:

4. AB2022-101

Aye:

Nay: Absent:

5. AB2022-107

Aye:

Nay: Absent:

6. AB2022-112

0 0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Lynden for alterations to Fire Station 75 in the amount of $150,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Bellingham Technical College for accreditation services for the paramedic training program, in the amount of $42,200

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Lifeline Connections for psychiatric services in the amount of $187,200.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Whatcom Community College to provide Adult Basic Education and GED classes to people residing in the county jail in the amount of $60,524.00

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Minutes – Final February 22, 2022

 7. AB2022-116

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 $574,760 for a total amended contract amount of $2,225,008

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

8. AB2022-117

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and Washington State Department of Commerce to provide resources to obtain and maintain housing stability to people who are experiencing homelessness, in the amount of $282,878 for a total amended agreement amount of $7,824,102

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Byrd 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 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 9. AB2022-126

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

  Whatcom County

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Bird’s Eye Medical to provide COVID-19 vaccine administration services at community vaccine clinics, in the amount of $275,000 for a total amended contract amount of $315,000

Byrd 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 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

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Minutes – Final February 22, 2022

 10.

Nay: Absent:

AB2022-130

0 0

Request authorization for the County Executive to enter into a contract between Whatcom County and Opportunity Council to build a health, resource, and service navigation system that will provide timely connection of parents and children, pre-natal to five years, to a range of protective and supportive services, in the amount of

$77,797

This agenda item was WITHDRAWN.

and Administrative Services Committee)

Ordinance amending the 2022 Whatcom County Budget, request no. 5, in the amount of $7,750,231

Byrd reported for the Finance and Administrative Services Committee.

Frazey moved and Buchanan seconded that the Ordinance be ADOPTED.

Councilmembers discussed the motion, how budget amendments come to the Council, and information received by the Health Department since the Committee meeting today on all the various allocations and funding requests for the COVID-19 isolation facilities.

Satpal Sidhu, County Executive, discussed with the Councilmembers whether this supplemental is increasing the General Fund budget by $4,200,000 which means these expenses are not offset by grants or other funding mechanisms, how confident he is that the County has the money in the General Fund to be spending on these items and where we are with the budget, whether $4.2 million is something that can be absorbed into our budget, whether the Council will get an updated financial report, the discussion today in the Finance and Administrative Services Committee about how these supplemental requests might be partitioned in the future, and whether supplemental budget Ordinances could be grouped and created by fund.

Frazey’s motion that the Ordinance be ADOPTED carried by the following vote:

 OTHER ITEMS (From Council Finance 1. AB2022-086

  Aye:

Nay: Absent:

5 – 2 – 0

Buchanan, Donovan, Frazey, Galloway, and Kershner Byrd, and Elenbaas

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Minutes – Final February 22, 2022

 2.

AB2022-088

Aye:

Nay: Absent:

AB2022-089

Aye:

Nay: Absent:

Enactment No: ORD 2022-016

Ordinance closing the State Street Building Acquistion and Improvement Fund 348

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-017

Ordinance establishing the Way Station Project Fund and establishing a project based budget for the Way Station Project

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

5 – Buchanan, Donovan, Frazey, Galloway, and Kershner 2 – Byrd, and Elenbaas

0

Enactment No: ORD 2022-018

 3.

 (From Council Committee of the Whole)

4. AB2022-111

Resolution establishing a Respectful Workplace Standard

Donovan reported for the Committee of the Whole and moved that the Resolution be APPROVED.

Councilmembers discussed the Resolution.

Donovan’s motion that the Resolution be APPROVED carried by the following vote:

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: RES 2022-009

(No Committee Assignment)

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Council 5.

AB2022-083

Minutes – Final February 22, 2022

Ordinance amending Ordinance No. 2021-064 (Review of Response to COVID-19 Pandemic) to change project timeline

Byrd moved and Buchanan seconded that the Ordinance be ADOPTED. Councilmembers discussed the item and why this was put forward.

Byrd’s motion that the Ordinance be ADOPTED carried by the following vote:

  7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Aye: Absent: 0

Enactment No: ORD 2022-019

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

 1. AB2022-073

Appointment to the Stakeholder Advisory Committee for the Justice Project, applicants: Debra David, Peter Frazier, RB Tewksbury (added 2/9/2022), Jeff Hindman (added 2/9/2022) (application deadline for any other applicants to this vacancy is 10 a.m. on February 15, 2022)

Cathy Halka, Council Legislative Analyst, answered how many spots need to be filled and whether they are the same category for all of the applicants.

Byrd moved to nominate all the applicants. The motion was seconded by Buchanan.

Councilmembers and Halka discussed which positions are open and specifics on the open category.

Karen Frakes, Prosecuting Attorney’s Office, answered and Councilmembers discussed whether there is a law that restricts County employees from applying.

Councilmembers voted as follows:

Frazey – Frazier and Tewksbury Galloway – David and Hindman Kershner – Hindman and Tewksbury Buchanan – Frazier and David

Byrd – Frazier and Tewksbury Donovan – Frazier and David Elenbaas – Tewksbury and Hindman

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Minutes – Final February 22, 2022

 2.

AB2022-110

Aye:

Nay: Absent:

Peter Frazier and RB Tewksbury were appointed with four votes each.

Peter Frazier and RB Tewksbury were APPOINTED.

Appointment to the Flood Control Zone District Advisory Committee, alternate position, applicant(s) Shawna DeKriek (Council acting as the Flood Control Zone District Board of Supervisors)

Byrd moved and Frazey seconded that the Council Appointment be APPOINTED by acclamation. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

 EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

  1. AB2022-128

Request confirmation of the County Executive’s reappointment of Arlene Feld to the North Sound Administrative Services Organization’s Behavioral Health Advisory Board

Galloway moved and Frazey seconded that the Executive Appointment be CONFIRMED. The motion carried by the following vote:

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

ITEMS ADDED BY REVISION

 1. AB2022-142

Discussion and possible motion to recommend rescinding a previous action of the Council that temporarily closed Gulf Road to motorized vehicular traffic

Donovan reported for the Committee of the Whole and stated they suggested to staff to bring it back to the Public Works and Health Committee.

 This agenda item was DISCUSSED. INTRODUCTION ITEMS

Buchanan moved to introduce items one through six. The motion was seconded by Donovan.

Galloway spoke about the item which would be considering the role of the

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Council

Minutes – Final February 22, 2022

 1. AB2022-087

Aye:

Nay: Absent:

2. AB2022-131

Aye:

Nay: Absent:

3. AB2022-109

Aye:

Nay: Absent:

4. AB2022-113

Climate Impact Advisory Committee.

Councilmembers voted on the introduction items (see votes on individual items below).

Ordinance amending Whatcom County Code 2.02.075, Standing Committees, to rename Natural Resources Committee

Buchanan moved and Donovan seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-020

Ordinance amending Whatcom County Code 2.126 (Whatcom County Climate Impact Advisory Committee)

Buchanan moved and Donovan seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-021

Appointment to a vacancy on the Business and Commerce Advisory Committee, Manufacturing position, applicant(s): Chris Trout

Buchanan moved and Donovan seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Appointment to a vacancy on the Climate Impact Advisory Committee, applicants Ray Kamada, Ted Clifton, and Charles Bailey

Buchanan moved and Donovan seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:

     Whatcom County

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Council

Minutes – Final February 22, 2022

 5.

AB2022-121

Resolution vacating a portion of Horton Road

Buchanan moved and Donovan seconded that the Resolution Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

6.

AB2022-122

Resolution vacating a portion of Boxwood Road

Buchanan moved and Donovan seconded that the Resolution Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

  Whatcom County

Donovan stated that the questions about the file types under the Concurrent Review header have been fixed.

Byrd moved and Buchanan seconded the following motion from Committee of the Whole Executive Session:

I hereby move to approve defense and indemnification of Bill Elfo, George Roche and Eric Richey, named as defendants in Emil Clermont, an individual, Plaintiff v. Latchmi Reddy, et al., Defendants. Based on the following findings:

A. Bill Elfo, George Roche and Eric Richey were acting in a matter in which the county had an interest;

B. Bill Elfo, George Roche and Eric Richey were acting in the discharge of a duty imposed or authorized by law;

C. Bill Elfo, George Roche and Eric Richey acted in good faith. The motion carried by the following vote:

Aye: 7 – Byrd, Donovan, Elenbaas, Frazey, Galloway, Kershner, and

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Minutes – Final February 22, 2022

 ADJOURN

Buchanan Nay: 0

Councilmembers gave committee reports.

Satpal Sidhu, County Executive, spoke about answers to earlier questions about the budget supplemental Ordinance (AB2022-086).

Councilmembers spoke about other items including the following:

· Timelines for applying for grants for strengthening local food systems

· The statistics regarding crime in Whatcom County as reported by Sheriff Elfo in Committee

· Letting Open session speakers know that they are heard

· Opening Council Chambers

· The Bessie Timber sale

· Upcoming State legislative items

· Broadband access

· A recent Lake Whatcom Policy Group meeting

The meeting adjourned at 9:09 p.m.

The County Council approved these minutes on March 8, 2022. ATTEST:

 ______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Todd Donovan, Council Chair

 Whatcom County

Page 15

Printed on 4/4/2022

*************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, March 8, 2022 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=899080&GUID=8437208B-F4F3-4F14-AEAF-3F907ACFA361&Options=info|&Search= ]

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010)

COUNCILMEMBERS

Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final March 8, 2022

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,

Council Chair Todd Donovan called the meeting to order at 6:01 p.m. in a virtual meeting.

 Kaylee Galloway, and Kathy Kershner Absent: None

FLAG SALUTE

ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

Tyler Schroeder, Executive’s Office, stated there was not a report.

MINUTES CONSENT

    1. MIN2022-016

Aye:

Nay: Absent:

2. MIN2022-017

Aye:

Nay: Absent:

3. MIN2022-018

Buchanan moved to accept the minutes consent items. The motion was seconded by Frazey (see votes on individual items below).

Committee of the Whole Executive Session for February 22, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Commmittee of the Whole for February 22, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Regular County Council for February 22, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

    Whatcom County

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Council Minutes – Final March 8, 2022

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

OPEN SESSION (20 MINUTES)

Council staff played a short instructional video about how to speak at the meeting.

The following people spoke:

· John Worthington

· Eleanor Hines

· Rebecca Cayen

· Misty Flowers

· Lyle Anderson

· Sara Rose

· Susan Prosser

· Klaus Klix

· Robert Bystrom

· Melissa Wisener

· Helga DeLiban

· (Name not given)

· Natalie Chavez

· Enoch Mann

· Richard Tran

· Markis Dee

· Dam Pham

· Jen Durant

· Cliff (last name not given)

· Hannah Ordos

· Karla (last name not given)

· Skip Hamilton

· Fallon Richardson

Hearing no one else, Donovan closed the Open Session.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

Clerk’s note: Council took a five-minute break.

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Minutes – Final March 8, 2022

 1. AB2022-106

Aye:

Nay: Absent:

2. AB2022-127

Aye:

Nay: Absent:

3. AB2022-129

Aye:

Nay: Absent:

Councilmembers discussed whether AB2022-155 should be removed from the Consent Agenda.

Byrd reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through five. Councilmembers voted on those items (see votes on individual items below).

Request authorization for the County Executive to enter into a contract between Whatcom County and Bellingham Whatcom County Tourism for support of a tourism economic recovery plan in the amount of $95,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and U.S. Department of Justice for Organized Crime Drug Enforcement Task Force (OCDETF), in the amount of $2,500.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Parks and Recreation Commission for Recreational Boating Safety Federal Financial Assistance Grant, in the amount of $13,979.19

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

   7 – 0 0

Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

 Whatcom County

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Council 4.

AB2022-133

Aye:

Nay: Absent:

AB2022-155

Aye:

Nay: Absent:

Minutes – Final March 8, 2022

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Quest Diagnostics Clinical Laboratories, Inc. for laboratory services in the amount of $70,000.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Resolution updating the appendix of the 2022 Comprehensive Economic Development Strategy (CEDS)

Byrd reported for the Finance and Administrative Services Committee and moved that the Resolution be APPROVED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: RES 2022-010

and Administrative Services Committee)

Request authorization for the County Executive to enter into a contract between Whatcom County and Opportunity Council to build a health, resource, and service navigation system that will provide timely connection of parents and children, pre-natal to five years, to a range of protective and supportive services, in the amount of

$77,797

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

  5.

 OTHER ITEMS (From Council Finance 1. AB2022-130

  Aye:

Nay: Absent:

(From Council Planning and Development Committee)

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Council 2.

AB2022-145

Minutes – Final March 8, 2022

Resolution docketing Comprehensive Plan and Development Regulation amendments Elenbaas reported for the Planning and Development Committee and

moved that the SUBSTITUTE Resolution be APPROVED.

Councilmembers discussed whether they need to vote on the amendments discussed in committee or just on the substitute resolution as amended in committee.

Mark Personius, Planning and Development Services Department Director, answered where the added items could be found on the revised document.

Elenbaas’s motion that the SUBSTITUTE Resolution be APPROVED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: RES 2022-011

  3. AB2022-087

Aye:

Nay: Absent:

4. AB2022-131

Ordinance amending Whatcom County Code 2.02.075, Standing Committees, to rename Natural Resources Committee

Donovan reported for the Committee of the Whole and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Enactment No: ORD 2022-020

Ordinance amending Whatcom County Code 2.126 (Whatcom County Climate Impact Advisory Committee)

Donovan reported for the Committee of the Whole and moved that the SUBSTITUTE Ordinance be ADOPTED as amended in Committee.

Chris Elder, Public Works Department, spoke about Whatcom County Code Section 2.126.030 and Section 2.126.040 Subsection B which both refer to the Office of Climate Action which does not yet exist.

Tyler Schroeder, Executive’s Office, answered whether it is advisable they

Aye:

Nay: Absent:

(From Council Committee of the Whole)

   Whatcom County

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Council

Minutes – Final March 8, 2022

 take that language out of the Ordinance until the office is in place.

Kershner moved and Byrd seconded to amend Whatcom County Code 2.126.030 to read “support the County’s climate action efforts” as follows:

To advise the county council and the executive, support the County’s climate action efforts Office of Climate Action, and work with County staff for related activities as follows:

Schroeder suggested possible language for Whatcom County Code 2.126.040 Subsection B but Councilmembers dispensed with this motion first.

Councilmembers discussed the motion and Schroeder answered whether the funding was already passed for the Climate Action Manager position.

The motion to amend carried by the following vote: Aye: 5 – Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 2 – Galloway and Buchanan

Councilmembers and staff discussed the next section that mentions the Office of Climate Action.

Kershner moved to amend Whatcom County Code 2.126.040 Subsection B as follows:

B. The county council shall appoint the committee members and consult with the Office of Climate Action County staff to identify the expertise required to address current climate mitigation and adaptation needs.

Byrd seconded the motion and suggested that it say “County staff and various offices” as follows:

B. The county council shall appoint the committee members and consult with the Office of Climate Action County staff and various offices to identify the expertise required to address current climate mitigation and adaptation needs.

Kershner accepted the friendly amendment. Councilmembers discussed the motion.

          Whatcom County

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Minutes – Final March 8, 2022

 The motion to amend carried by the following vote:

Aye: 7 – Donovan, Elenbaas, Frazey, Galloway, Kershner, Buchanan, and Byrd

Nay: 0

Frazey moved and Galloway seconded that the SUBSTITUTE Ordinance be ADOPTED AS AMENDED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-021

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

 1. AB2022-109

Appointment to a vacancy on the Business and Commerce Advisory Committee, Manufacturing position, applicant(s): Chris Trout

Buchanan moved and Byrd seconded that the Council Appointment Requiring Introduction be APPOINTED.

Elenbaas asked if the applicant was available but he was not.

Buchanan’s motion that the Council Appointment Requiring Introduction be APPOINTED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Appointment to a vacancy on the Climate Impact Advisory Committee, applicants Ray Kamada, Ted Clifton, and Charles Bailey

Byrd moved and Buchanan seconded that they nominate all the applicants. Jill Nixon, Council Office Staff, answered a question about the breakdown

of the available positions.

Ray Kamada, applicant, addressed the Councilmembers. Councilmembers discussed the motion and voted as follows:

Frazey – Kamada Galloway – Bailey Kershner – Kamada

 Aye:

Nay: Absent:

2. AB2022-113

  Whatcom County

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Minutes – Final

March 8, 2022

 3.

AB2022-147

Aye:

Nay: Absent:

Buchanan – Kamada Byrd – Kamada Donovan – Bailey Elenbaas – Kamada

Ray Kamada was appointed with five votes.

This agenda item was APPOINTED.

Appointment to the Flood Control Zone District Advisory Committee, alternate position, applicant(s): Alexandra Williams (Council acting as the Flood Control Zone District Board of Supervisors)

Byrd moved and Kershner seconded that the Council Appointment be APPOINTED by acclamatioin. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

 EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

  1. AB2022-140

Request confirmation of the County Executive’s appointment of Walter Hudsick to the Whatcom County Bicycle/Pedestrian Advisory Committee

Byrd moved and Galloway seconded that the Executive Appointment be CONFIRMED. The motion carried by the following vote:

 2. AB2022-151

Request confirmation of Executive Sidhu’s appointment of Dawna Morse to the Whatcom County Housing Advisory Committee

Buchanan moved and Byrd seconded that the Executive Appointment be CONFIRMED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

ITEMS ADDED BY REVISION

There were no agenda items added by revision.

  Whatcom County Page 8 Printed on 4/18/2022

Council Minutes – Final March 8, 2022 INTRODUCTION ITEMS

  1. AB2022-153

Byrd moved to introduce items one through seven. The motion was seconded by Frazey.

Dana Brown-Davis, Clerk of the Council, answered whether AB2021-156 will get its own dedicated public hearing.

Jill Nixon, Council Office staff, answered whether a Council appointment is usually introduced.

See motion and votes on individual items below.

Ordinance amending the 2022 Whatcom County Budget, request no. 6, in the amount of $1,393,462

Byrd moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

 2. AB2022-156

Enactment No: ORD 2022-026

Ordinance repealing Ordinance 2022-005, temporary closure of Gulf Road

Byrd moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 3. AB2022-136

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-025

Ordinance changing the name of Bear Trap Road to Bear Spirit Road

Byrd moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

  Whatcom County

Page 9 Printed on 4/18/2022

Council

Minutes – Final March 8, 2022

 Absent:

4. AB2022-137

Aye:

Nay: Absent:

5. AB2022-138

Aye:

Nay: Absent:

6. AB2022-146

Aye:

Nay: Absent:

7. AB2022-152

Aye:

0

Enactment No: ORD 2022-022

Ordinance for temporary installation of a stop sign on Drayton Harbor Road

Byrd moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-023

Ordinance for temporary installation of stop signs on South Pass Road

Byrd moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-024

Appointment to a vacancy on the Forestry Advisory Committee, Small Forest Landowner position, Applicant: Tracy Petroske

Byrd moved and Frazey seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Resolution amending the Flood Control Zone District & Subzones 2022 budget, request no. 1, in the amount of $1,421,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Byrd moved and Frazey seconded that the Resolution (FCZDBS) be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

     Whatcom County

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Minutes – Final

March 8, 2022

 Nay: 0 Absent: 0

Enactment No: RES 2022-014

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

 ADJOURN

Councilmembers gave committee reports and gave updates about the following:

· iLegislate

· International Women’s Day

· State Legislative updates

· The hybrid committee meetings today

· Business and Commerce Advisory Committee positions

· Recent tours of the jail, jail work center, and Crisis Stabilization

Center taken by some Councilmembers

The meeting adjourned at 8:20 p.m.

The County Council approved these minutes on March 22, 2022. ATTEST:

 ______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Todd Donovan, Council Chair

 Whatcom County

Page 11

Printed on 4/18/2022

******************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, March 22, 2022 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=899102&GUID=581EE9F1-82A0-4FDE-873B-67A687CAAAA3&Options=info|&Search= ]

HYBRID MEETING (PARTICIPATE IN-PERSON OR SEE REMOTE JOIN INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010)

COUNCILMEMBERS

Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final March 22, 2022

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,

Council Vice Chair Barry Buchanan called the meeting to order at 6:01 p.m. in a hybrid meeting.

 Kaylee Galloway, and Kathy Kershner Absent: None

FLAG SALUTE

ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

Satpal Sidhu, County Executive, updated on the following:

   MINUTES CONSENT

1. MIN2022-020

Aye:

Nay: Absent:

2. MIN2022-021

Donovan moved to accept the minutes consent items. The motion was seconded by Kershner (see votes on individual items below).

Committee of the Whole for March 8, 2022

Donovan moved and Kershner seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Regular County Council for March 8, 2022

Donovan moved and Kershner seconded that the Minutes Consent be

· County offices now being open to in-person business

· The November flood recovery assistance and repair work

· Funds and programs received by our county and a congratulations to

the Legislators from the 40th and 42nd District for getting those

during the recent State legislative session

· The hybrid model of Council meetings staying into the future

· Remembering those lost as a result of the pandemic and still taking

precautions

    Whatcom County

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Council

3.

Minutes – Final

APPROVED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

March 22, 2022

 MIN2022-022

Water Work Session for March 15, 2022

Donovan moved and Kershner seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

 PUBLIC HEARINGS

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 1. AB2022-121

Buchanan described how the hearings will work for the hybrid meeting.

Council staff played a short instructional video about how to speak at the meeting.

Resolution vacating a portion of Horton Road

Andrew Hester, Public Works Department, briefed the Councilmembers and answered whether this item and the next Public Hearing item (AB2022-122) are related, whether public access will be continued after this is transferred, whether these are areas Bellingham will potentially annex, how the County would be better served by giving this to the City of Bellingham and letting the City give some of it to private property owners as opposed to keeping these for our wetland mitigation purposes and keeping property with some public access, and whether Bellingham would be accepting it into their system and maintaining it if the road is vacated.

Scott Havill, City of Bellingham Mitigation Coordinator, addressed some of the questions.

Hester and Havill answered questions about the location of this portion of road, whether there is actual road there yet, and at what point the City of Bellingham will incorporate this as an Urban Growth Area (UGA) and actually roll it into the city limits.

Councilmembers discussed whether the Council would like to have further discussion on this and whether to forego the public hearing and put the item back in committee, have a hearing and leave it open, or have a hearing and then re-do it.

  Whatcom County

Page 2 Printed on 5/16/2022

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Minutes – Final March 22, 2022

 Kershner stated the County does not own the property. The City owns the property and the County just has a right-of-way for the road so this is not going to serve the County as a wetland mitigation bank.

Elenbaas stated he would like to hear from the public and then decide where they are going to go after that.

Buchanan opened the Public Hearing and, hearing no one, closed the Public Hearing for tonight but left the hearing open until such time they decide what they want to do.

Councilmembers and the speakers discussed why the City of Bellingham does not incorporate the whole area into the city limits at one time, whether there is one or two pieces of property, and whether this is time sensitive.

Matt Gossett, City of Bellingham, stated the property owners were not available to speak to this but they did, however, need to sign a petition to get this process started.

The following person spoke for the public hearing: · Mary Gibb

Councilmembers discussed the map included in the packet.

Donovan moved and Galloway seconded that the Resolution be APPROVED.

Councilmembers discussed the motion.

The motion carried by the following vote:

Aye: 6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 1 – Byrd

Buchanan closed the public hearing on this agenda bill.

Clerk’s note: This item was reconsidered below after AB2022-156. PUBLIC HEARING HELD (file not final).

Enactment No: RES 2022-016

 Whatcom County

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 Action Summary: A public hearing was held and the Resolution was approved 6-1 with Byrd opposed. The item was later reconsidered below after AB2022-156.

2. AB2022-122

Resolution vacating a portion of Boxwood Road

Andrew Hester, Public Works Department, stated he did not have anything else to add on this item.

Scott Havill, City of Bellingham Mitigation Coordinator, spoke about the fees for the transaction in terms of the cost of the appraised value of the land and a request that the language about the retained easement be removed.

Jon Hutchings, Public Works Department Director, stated these requests are new to him and he is curious whether they were part and parcel to the original application discussions.

Hester and Hutchings responded to the requests stated by Havill.

Frazey asked if this could come forward at a different time in a different resolution.

Buchanan stated they would not really be able to hold a hearing tonight on what they have in their packet if they want to make these substantial changes so they are going to have to make some decisions.

Donovan moved to hold it over. The motion was seconded by Frazey. Havill answered whether the requests are only for this portion or whether

they were for the last item (AB2022-121) as well.

Kershner asked if it would be beneficial to have the public hearing tonight to hear if there is anything else that they would want to have staff take a look at.

Buchanan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Hutchings stated they can shoot for bringing it back on April 12, 2022.

Councilmembers and staff discussed whether it will go to a committee or straight back to a public hearing.

Kershner stated it could be hosted in the Public Works and Health

  Whatcom County

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Minutes – Final March 22, 2022

 3.

AB2022-136

Ordinance changing the name of Bear Trap Road to Bear Spirit Road

Jim Karcher, Public Works Department, answered where this request originated and whether there was anyone on the road that disagreed with it.

Buchanan opened the Public Hearing and the following people spoke:

· Robert Hoffman

· Misty Flowers

· Karla Rae

Hearing no one else, Buchanan closed the Public Hearing.

Frazey moved and Galloway seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Jim Karcher, Public Works Department answered what the process is for changing a road name, whether the applicants pay the $200 for the signage change, and how many people signed saying they were in favor of this change.

Councilmembers discussed the motion.

Frazey’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

Committee and asked if they need to have another public hearing.

Buchanan stated there might be substantial changes so they could have a work session on it that day and then, if they get through it, they can have the hearing that night. This is a motion to hold until April 12th with a public hearing but we will put it into the Public Works and Health Committee that afternoon.

Dana Brown-Davis, Clerk of the Council, clarified and Buchanan affirmed that the Council would also like to have the Public Hearing on April 12th as well.

Donovan’s motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Absent: 0

Enactment No: RES 2022-017

Aye:

  Whatcom County

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Minutes – Final

March 22, 2022

 Aye:

Nay: Absent:

4. AB2022-137

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-022

Ordinance for temporary installation of a stop sign on Drayton Harbor Road

Jim Karcher, Public Works Department, briefed the Councilmembers and answered whether they expect the road to be fixed at some point.

Buchanan opened the Public Hearing and the following people spoke:

· Dennis Rensink

· Lyle Anderson

Hearing no one else, Buchanan closed the Public Hearing.

Frazey moved and Kershner seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-023

Ordinance for temporary installation of stop signs on South Pass Road

Jim Karcher, Public Works Department, briefed the Councilmembers.

Buchanan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Byrd moved and Kershner seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-024

Ordinance repealing Ordinance 2022-005, temporary closure of Gulf Road

Jim Karcher, Public Works Department, stated he was available to answer questions.

 Aye:

Nay: Absent:

5. AB2022-138

Aye:

Nay: Absent:

6. AB2022-156

   Whatcom County

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Minutes – Final

March 22, 2022

 Buchanan opened the Public Hearing and the following people spoke:

· Dale McGuire

· Eleanor Hines

· Robert Hoffman

· Name not given

· Mary Wilson

· Name not given

· Lyle Anderson

· Eric Bowen

· Robert Kaye

· Jessica Spencer

· Tom Stone

Hearing no one else, Buchanan closed the Public Hearing.

Buchanan moved and Frazey seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Councilmembers discussed the motion, what is and what is not considered trespassing, the fact that the only public access is the road and the right-of-way and not the beach, that driving on the road is risking driving on a Native American heritage site, that there is more that the Council needs to consider, providing more clarity to the public on-site, Washington State laws regarding public access to beaches and tidelands, using this ordinance as a re-set button to look at it again and maybe adopt something different, looking at the planning code and how they can enhance public access to shorelines, whether all the information was given to the Council when they adopted the original ordinance, and working toward a solution that everyone can be happy with.

Jim Karcher, Public Works Department, answered a question about the condition of the road, whether it is a Native American heritage site, and how much it would cost to repair the road.

Byrd continued to discuss the motion.

Karen Frakes, Prosecuting Attorney’s Office, answered questions about Revised Code of Washington (RCW) 9A.52.080 which addresses criminal trespass in the second degree and whether people are committing criminal trespass by being there without permission.

 Whatcom County

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Minutes – Final March 22, 2022

 Councilmembers discussed the motion and whether most shoreline in Washington has public access, and Frakes answered at what point someone is not trespassing.

Kershner moved to amend the ordinance to add the four whereas statements as sent to the Council by Skip Sahlin on March 18, 2022 as follows:

WHEREAS, Council recognizes private property rights and repealing Ordinance 2022-005 only affects the County right-of-way and does not invite trespass on adjacent private lands; and

WHEREAS, Council will instruct Whatcom County Public Works to install accurate signage notifying the public that the property not directly on the County right-of-way is private and closed to the public stating as example (a) “End of County Right of Way, No Outlet” (b) “No Public Access”, (c) “No Beach Fires Permitted”, (d) ”Day Use Parking Permitted on Whatcom County Right of Way Only.”; and

WHEREAS, Council will request of Whatcom County Sheriff’s Office increased patrols to the County owned right-of-way to address illegal activities and trespass; and

WHEREAS, Council acknowledges that Gulf Road is in significant disrepair and in repealing Ordinance 2022-005 it becomes necessary for Whatcom County Public Works to repair the road within its surveyed right-of-way to ensure safe passage; and

The motion was seconded by Elenbaas.

Councilmembers and the following people discussed the motion:

· Karen Frakes

· Jon Hutchings, Public Works Department Director

· Satpal Sidhu, County Executive

They discussed whether the Whatcom County Charter would allow the Council, in a whereas clause in an ordinance repealing another ordinance, to directly require Public Works to take a certain action; whether the ordinance can direct the Public Works Department to extend its authority to something that affects activities on private land; and whether the Council is willing to look at a long-term solution.

                  Whatcom County

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Council

Minutes – Final

March 22, 2022

 1.

Kershner stated she could withdraw her motion to amend but Elenbaas stated the motion belongs to the body.

Kershner moved to call the question.

The motion to the call the question carried by the following vote: Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway and Kershner

Nay: 0

The motion to amend failed by the following vote: Aye: 3 – Kershner, Byrd, and Elenbaas

Nay: 4 – Galloway, Buchanan, Donovan, and Frazey

Kershner moved to amend the Ordinance to add the first of the suggested whereas statement as follows:

WHEREAS, Council recognizes private property rights and repealing Ordinance 2022-005 only affects the County right-of-way and does not invite trespass on adjacent private lands;

The motion was seconded by Elenbaas.

Councilmembers discussed the motion and Hutchings and Frakes answered whether the amendment would be problematic or would be a substantial change to the ordinance.

The motion to amend carried by the following vote:

Aye: 7 – Kershner, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Buchanan’s motion that the Ordinance Requiring a Public Hearing be ADOPTED AS AMENDED carried by the following vote:

4 – Buchanan, Donovan, Frazey, and Galloway

3 – Byrd, Elenbaas, and Kershner Absent: 0

Enactment No: ORD 2022-025

AB2022-121 Resolution vacating a portion of Horton Road

   Aye:

Nay:

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Minutes – Final March 22, 2022

 Donovan moved and Buchanan seconded that the Resolution Requiring a Public Hearing be RECONSIDERED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: RES 2022-016

Donovan moved to hold the item until the next meeting. The motion was seconded by Byrd.

Buchanan clarified that the motion is to hold until April 12th and to have another public hearing as well.

Donovan’s motion that the Resolution Requiring a Public Hearing be HELD until the next meeting carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: RES 2022-016

OPEN SESSION (20 MINUTES)

Clerk’s note: Council took a 10-minute break.

Council staff played a short instructional video about how to speak at the

meeting.

The following people spoke:

· Lyle Sorenson

· Mary Gibb

· Ken Domorod

· Richard Tran

· Barbara Powers

· Cliff Langley

· Robert Bystrom

· Nancy Bergman

· Helga DeLiban

· Enoch Mann

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Minutes – Final

March 22, 2022

 · Klaus Klix

· Hannah Ordos

· John Marshall

· Natalie Chavez

· Jessica Crump

· Dam Pham

· Shean Halley

· Name not given

· Dave (last name not audible)

· Misty Flowers

Hearing no one else, Buchanan closed the Open Session.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

 1. AB2022-139

Clerk’s note: Councilmembers took a 10-minute break.

Byrd reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through twelve. Councilmembers voted on those items (see votes on individual items below).

Request authorization for the County Executive to enter into an Interlocal Agreement modification between Whatcom County and the City of Bellingham for What-Comm Communications Center operations and providing for the option of supplemental services

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

 2. AB2022-158

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and MSNW Group, LLC to provide Isolation & Quarantine Facility cleaning services in the amount of $15,000 for a total amended contract amount of $70,000

Byrd 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 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

  Whatcom County

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Minutes – Final March 22, 2022

 Aye:

Nay: Absent:

3. AB2022-161

Aye:

Nay: Absent:

4. AB2022-168

Aye:

Nay: Absent:

5. AB2022-169

Aye:

Nay: Absent:

6. AB2022-170

Whatcom County

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a lease agreement between Whatcom County and SpectraSite Communications to lease tower access at the Blaine-Harvey Road Water Tower Site for seven years for a total of $189,559.07

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a Local Agency A&E Professional Services Agreement between Whatcom County and Trantech Engineering, LLC to provide on-call structural engineering support to the Whatcom County bridge program

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a Local Agency A&E Professional Services Agreement between Whatcom County and KPFF, Inc. to provide on-call professional structural engineering support for the Whatcom County bridge program in 2022

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into Grant Amendment No. 7 between Whatcom County and the State of Washington Department of Ecology to

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Minutes – Final March 22, 2022

 7. AB2022-174

Request authorization for the County Executive to award bid #22-06 and enter into a contract between Whatcom County and Lake Union Drydock Company for the annual dockside and maintenance repair of the Whatcom Chief Ferry in the amount of $462,515.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Bid Award be AUTHORIZED BY CONSENT. The motion carried by the following vote:

8. AB2022-181

Request authorization for the County Executive to enter into a contract between Whatcom County and Felix Solomon to repair the Centennial Totem Pole, in the amount of $56,500

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

provide for continued implementation of the Swift Creek Sediment Management Action Plan

Byrd 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 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 9. AB2022-182

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

  Whatcom County

Request approval for the County Executive to enter into an agreement with Whatcom Community Foundation in order to secure matching funds for the Jones Agricultural Conservation Easement through the Conservation Easement Program

Byrd 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 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

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Minutes – Final March 22, 2022

 Nay: Absent:

10. AB2022-185

Aye:

Nay: Absent:

11. AB2022-186

Aye:

Nay: Absent:

12. AB2022-187

Aye:

Nay: Absent:

OTHER ITEMS

0 0

Resolution amending Resolution 2021-048 for unrepresented Whatcom County employees

Byrd reported for the Finance and Administrative Services Committee and moved that the Resolution be APPROVED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: RES 2022-012

Request authorization for the County Executive to enter into a Letter of Understanding between Whatcom County and General Teamsters’ Local Union 231 to amend the Corrections Deputies and Sergeants Collective Bargaining Agreement for the period January 1, 2019 – December 31, 2022

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Department of Veterans Affairs to provide Veteran Service Officer services to indigent veterans and their families, in the amount of $48,825

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

   7 – 0 0

Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

  Whatcom County

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(From Council Climate

1. AB2022-178

Minutes – Final March 22, 2022 Action and Natural Resources Committee)

Resolution authorizing Whatcom County Executive Satpal Sidhu to act as the authorized representative on behalf of Whatcom County for Washington State Recreation and Conservation Office Farmland Preservation project grant

Galloway reported for the Climate Action and Natural Resources Committee and moved that the Resolution be APPROVED.

Councilmembers discussed the motion and how the County is preserving farmland.

Tyler Schroeder, Executive’s Office, answered why they should “authorize Whatcom County Executive Satpal Sidhu as having full authority to bind Whatcom County regarding all matters related to the project listed above” as requested in the Staff Memo.

Galloway’s motion that the Resolution be APPROVED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: RES 2022-013

and Administrative Services Committee)

Ordinance amending the 2022 Whatcom County Budget, request no. 6, in the amount of $1,393,462

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-026

Request authorization for the County Executive to enter into a contract between Whatcom County and Whatcom Dispute Resolution Center to operate the Eviction Resolution Pilot Program, in the amount of $74,800

Byrd reported for the Finance and Administrative Services Committee and

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  Aye:

Nay: Absent:

(From Council Finance

2. AB2022-153

Aye:

Nay: Absent:

3. AB2022-180

Whatcom County

Council

Minutes – Final March 22, 2022

 4.

AB2022-152

Resolution amending the Flood Control Zone District & Subzones 2022 budget, request no. 1, in the amount of $1,421,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Byrd reported for the Finance and Administrative Services Committee and moved that the Resolution (FCZDBS) be APPROVED. The motion carried by the following vote:

moved that the Contract be AUTHORIZED. Councilmembers discussed the motion.

Byrd’s motion that the Contract be AUTHORIZED carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: RES 2022-014

(From Council Committee of the Whole)

5. AB2021-594

Ordinance amending Whatcom County Code Chapter 2.02 (County Council) to define absence and temporary disability

Donovan reported for the Committee of the Whole and moved that the Ordinance be ADOPTED.

Councilmembers discussed whether there was an amended version of the Ordinance.

Donovan’s motion that the Ordinance be ADOPTED carried by the following vote:

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-027

(No Committee Assignment)

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Council

6. AB2022-188

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Absent: 0

Enactment No: RES 2022-015

7. AB2022-183

Appoint councilmember representative to serve on the Climate Impact Advisory Committee

Frazey moved to appoint Galloway to represent the Council on the Climate Impact Advisory Committee. The motion was seconded by Byrd.

Elenbaas moved to appoint himself to the Climate Impact Advisory Committee.

Councilmembers discussed the motions.

Jill Nixon, Council Office, answered whether both Councilmembers could serve on the advisory committee.

Galloway stated it would be an issue of quorum.

Galloway and Elenbaas spoke about why the Councilmembers should vote for them.

Galloway was appointed 5-2 as follows:

Kershner – Elenbaas Buchanan – Galloway Byrd – Galloway Donovan – Galloway Elenbaas – Elenbaas Frazey – Galloway Galloway – Galloway

Galloway was APPOINTED.

Request authorization for Karen N. Frakes, Whatcom County Chief Civil Deputy

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Minutes – Final March 22, 2022

Resolution affirming the County Council and County Executive Expectations for Boards and Commissions

Buchanan stated there was a substitute.

Frazey moved and Galloway seconded that the SUBSTITUTE Resolution be APPROVED. The motion carried by the following vote:

  Aye:

 8. AB2022-191 Whatcom County

Council

Minutes – Final March 22, 2022

 Prosecuting Attorney, to sign the One Washington Memorandum of Understanding Between Washington Municipalities.

Karen Frakes, Prosecuting Attorney’s Office, briefed the Councilmembers and answered whether she needs action from the Council if it is for the Executive to sign, whether this is different from the litigation that the State of Washington decided to not settle, and whether they should strike her name on the Ordinance and add the County Executive.

Donovan moved and Buchanan seconded that they authorize the County Executive to sign the agreement.

Frakes answered whether they need to make a motion to amend the Ordinance to replace her information with the Executive’s.

The motion was seconded by Buchanan.

Donovan’s motion that they authorize the County Executive to sign the agreement carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

 1. AB2022-146

Aye:

Nay: Absent:

2. AB2022-179

Appointment to a vacancy on the Forestry Advisory Committee, Small Forest Landowner position, Applicant: Tracy Petroske

Byrd moved and Frazey seconded that the Council Appointment Requiring Introduction be APPOINTED by acclamation. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Appointment to a vacancy on the Climate Impact Advisory Committee, applicants Ted Clifton and Charles Bailey

Donovan moved and Galloway seconded to nominate both applicants. Applicant Charles Bailey spoke.

Councilmembers discussed the motion and Charles Bailey was appointed as follows:

   Whatcom County

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Council

Minutes – Final

March 22, 2022

 Donovan – Bailey Elenbaas – Bailey Frazey – Bailey Galloway – Bailey Kershner – Clifton Buchanan – Bailey Byrd – Clifton

This agenda item was APPOINTED.

EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

  1. AB2022-175

Request confirmation of the County Executive’s appointment of Sean Hopps to the Whatcom County Food System Committee

Byrd moved and Frazey seconded that the Executive Appointment be CONFIRMED.

Councilmembers discussed the motion.

Kershner stated she would like to get a report from the Whatcom County Food System Committee.

Tyler Schroeder, Executive’s Office, stated he could look into requesting someone from the committee to give them a report.

Byrd’s motion that the Executive Appointment be CONFIRMED carried by the following vote:

 2. AB2022-176

Request confirmation of the County Executive’s appointment of Katie Plewa Olvera to the Bellingham-Whatcom County Commission on Sexual and Domestic Violence

Byrd moved and Frazey seconded that the Executive Appointment be CONFIRMED.

Councilmembers discussed why the Council confirms Executive appointments.

Jill Nixon, Council Office Staff, stated it is a Charter requirement.

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

  Whatcom County

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Minutes – Final March 22, 2022

 Councilmembers voted on the item (see vote below) then continued to discuss this item.

Dana Brown-Davis, Clerk of the Council, answered a question about the previous agenda item’s (AB2022-175) discussion and whether there has been any format in the past to allow for more of our boards, commissions, and committees to come and give updates on their work.

Byrd’s motion that the Executive Appointment be CONFIRMED carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

ITEMS ADDED BY REVISION

There were no agenda items added by revision.

INTRODUCTION ITEMS

  1. AB2022-190

Buchanan stated there were substitute documents attached to Introduction item number seven (AB2022-177).

Donovan moved to introduce items one through seven. The motion was seconded by Frazey (see votes on individual items below).

Ordinance amending Whatcom County Code 2.21, Board of Equalization

Donovan moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

 2. AB2022-162

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-034

Ordinance establishing movement restrictions on E. Hemmi Road at the intersection with Hannegan Road

Donovan moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

  Whatcom County

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Minutes – Final March 22, 2022

 Absent:

3. AB2022-163

Aye:

Nay: Absent:

4. AB2022-164

Aye:

Nay: Absent:

5. AB2022-165

Aye:

Nay: Absent:

6. AB2022-166

Aye:

0

Enactment No: ORD 2022-029

Ordinance Removing a School Speed Zone on Hannegan Road

Donovan moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-030

Ordinance establishing parking control on Eddie Lane within the Plat of Whisper Lake

Donovan moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-031

Ordinance Establishing a Speed Limit within the Plat of Whisper Lake

Donovan moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-032

Ordinance for installation of a stop sign within the plat of Whisper Lake

Donovan moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

     Whatcom County

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Council

Minutes – Final March 22, 2022

 7.

Nay: Absent:

AB2022-177

Aye:

Nay: Absent:

0 0

Enactment No: ORD 2022-033

Ordinance amending Whatcom County Code Section 1.14, Electoral Precincts, adjusting boundary lines based on decennial census information in the Legislative, Congressional and County Council districts

Donovan moved and Frazey seconded that the SUBSTITUTE Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-028

 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

 ADJOURN

Councilmembers gave committee reports.

Elenbaas stated he would like to be briefed at the next availability by the Health Department regarding a recent Facebook post and email to Council regarding COVID-19 vaccines.

The meeting adjourned at 10:34 p.m.

The County Council approved these minutes on April 12, 2022. ATTEST:

 ______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Todd Donovan, Council Chair

 Whatcom County

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Council Minutes – Final March 22, 2022

 SIGNED COPY ON FILE

 Whatcom County

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*********************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, April 12, 2022 6 PM

Hybrid Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=899822&GUID=D11A1A11-44DA-40EB-B65D-02F8D84A3939&Options=info|&Search= ]

HYBRID MEETING (PARTICIPATE IN-PERSON OR SEE REMOTE JOIN INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010)

COUNCILMEMBERS

Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final April 12, 2022

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,

Council Chair Todd Donovan called the meeting to order at 6 p.m. in a hybrid meeting.

 Kaylee Galloway, and Kathy Kershner Absent: None

FLAG SALUTE

ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

Satpal Sidhu, County Executive, reported on the following:

   MINUTES CONSENT

· Public safety and housing updates for the county. He spoke about a letter from all seven of the city mayors supporting the new public safety building and the need for a new building for our current jail and treatment programs. He urged the Council to continue to make more investments in public safety measures in the coming years.

· A recent incident concerning an Assessor’s Office property inspector, the role and legal authority of the Assessor’s Office, a request to join him in working to dispel misconceptions about the Assessor’s authority, and the role of elected officials in supporting County staff who interact with the public.

 1. MIN2022-023

Aye:

Nay: Absent:

2. MIN2022-024

Whatcom County

Buchanan moved to accept the minutes consent items. The motion was seconded by Byrd (see votes on individual items below).

Committee of the Whole for March 22, 2022

Buchanan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Regular County Council for March 22, 2022

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Minutes – Final

April 12, 2022

 3.

MIN2022-025

Health Board for March 29, 2022

Buchanan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

PUBLIC HEARINGS

Buchanan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 1. AB2022-177

Aye:

Nay: Absent:

2. AB2022-121

Council staff played a short instructional video about how to speak at the meeting.

Ordinance amending Whatcom County Code Section 1.14, Electoral Precincts, adjusting boundary lines based on decennial census information in the Legislative, Congressional and County Council districts

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Byrd moved and Buchanan seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-028

Resolution vacating a portion of Horton Road

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Byrd moved and Frazey seconded that the Resolution Requiring a Public Hearing be APPROVED.

Councilmembers discussed that there was a motion made in Committee.

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Minutes – Final April 12, 2022

 Andrew Hester, Public Works Department, stated the action would be to approve an amended Resolution waiving the utility reservation easement.

Donovan moved to amend the Resolution to waive the utility reservation easement. The motion was seconded by Buchanan.

Councilmembers and staff discussed the motion and that there were two requests discussed which were waiving the reservation of the utility easement and waiving the compensation that would be due from the road vacation. They discussed whether they should be dealt with separately.

The motion to amend carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

Councilmembers and staff discussed whether they should wait in order to get more information of the cost benefit analysis of the mitigation bank and what the $26,000 would otherwise go to, and whether the Council could go forward with the vacation and address just the compensation issue at a later date.

Karen Frakes, Prosecuting Attorney’s Office, stated she could not answer that question off the top of her head and would have to look a little closer at the law.

Scott Havill, City of Bellingham Mitigation Coordinator, stated the City would prefer to be able to complete the full right of way vacation transaction at this meeting if possible.

Kershner moved and Buchanan seconded that the Resolution Requiring a Public Hearing be APPROVED AS AMENDED.

Councilmembers discussed the motion.

Kershner’s motion that the Resolution Requiring a Public Hearing be APPROVED AS AMENDED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Aye: Absent: 0

Enactment No: RES 2022-016

 Whatcom County

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Minutes – Final April 12, 2022

Resolution vacating a portion of Boxwood Road

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Byrd moved and Frazey seconded that the Resolution Requiring a Public Hearing be APPROVED.

Kershner moved to amend the Resolution to waive the utility easement. The motion was seconded by Buchannan.

The motion to amend carried by the following vote:

Aye: 7 – Byrd, Donovan, Elenbaas, Frazey, Galloway, Kershner, and Buchanan

Nay: 0

Byrd’s motion that the Resolution Requiring a Public Hearing be APPROVED AS AMENDED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Absent: 0

Enactment No: RES 2022-017

 4.

AB2022-162

Ordinance establishing movement restrictions on E. Hemmi Road at the intersection with Hannegan Road

Donovan 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.

Jim Karcher, Public Works Department, briefed the Councilmembers.

Elenbaas stated he hopes people along the detour know this is happening, that it may bring more traffic but it is for the kids, and that they are asking the Sheriff’s Office with this Ordinance to do emphasis patrols.

Karcher answered whether there are any sunsets on this Ordinance and whether they are planning to come back and review and see how effective it was.

Byrd’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

AB2022-122

 Aye:

  Whatcom County

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Minutes – Final

April 12, 2022

 5.

AB2022-163

Enactment No: ORD 2022-029

Ordinance Removing a School Speed Zone on Hannegan Road

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Frazey moved and Buchanan seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Jim Karcher, Public Works Department, answered and Councilmembers discussed whether there is a fence along the road.

Frazey’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

6.

AB2022-164

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-030

Ordinance establishing parking control on Eddie Lane within the Plat of Whisper Lake

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Byrd moved and Kershner seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Jim Karcher, Public Works Department, gave background on this and how it related to the next two agenda items and answered whether there will be any complaints or people upset about this parking zone.

Byrd’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-031

  Whatcom County

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Council 7.

AB2022-165

Aye:

Nay: Absent:

AB2022-166

Aye:

Nay: Absent:

Minutes – Final April 12, 2022

Ordinance Establishing a Speed Limit within the Plat of Whisper Lake

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Kershner moved and Frazey seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-032

Ordinance for installation of a stop sign within the plat of Whisper Lake

Donovan 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:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-033

  8.

 OPEN SESSION (20 MINUTES)

The following people spoke:

· Steven Bailey (testimony not heard online or on the recording– there was temporarily no sound)

· Cliff Langley

· Misty Flowers

· Cynthia Sue Ripke-Kutsagoitz

· Tammy (last name not given)

· Steven Bailey (the first speaker spoke again since there was no

sound earlier when he spoke)

· Daniel Beurdick

· Lyle Sorenson

· Name not given

· Armando Brionez

· Craig Robinson

· Name not given

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Minutes – Final

April 12, 2022

 · Klaus Klix

· Richard Halley

· Tasha Dexter Thompson

· Robert Bystrom

· Natalie Chavez

· Mary Walker

· Enoch Mann

· Dennis Sorenson

· Richard Johnson

· Lorraine Sorenson

· Megan Wiseman

· Dam Pham

· Karla Rae

· Ken Domorod

· Beth (last name not given)

· Nancy Bergman

· Richard Tran

· Susan Prosser

· Daniel Donner

Hearing no one else, Donovan closed the Open Session. Clerk’s note: Councilmembers took a short break.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

 1. AB2022-195

Byrd reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through fourteen. Councilmembers discussed and voted on those items (see votes on individual items below).

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Skagit County Sheriff’s Office for use of the Plantation Rifle Range to train personnel, in the amount of $16,109.98

Byrd 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 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

  Whatcom County

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Minutes – Final April 12, 2022

 Absent:

2. AB2022-196

Aye:

Nay: Absent:

3. AB2022-171

Aye:

Nay: Absent:

4. AB2022-184

Aye:

Nay: Absent:

5. AB2022-198

0

Request Authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Bellingham Police Department for use of the Plantation Rifle Range to train personnel, in the amount of $27,865.67

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Office of Public Defense to be reimbursed for increased service costs related to Covid 19, in the amount of $73,000.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request approval for the County Executive to enter into a contract amendment with Herrera Environmental Consultants, Inc. to expand the scope of work, timeline, and funding to complete the Offsite Buffer Mitigation Program Feasibility Study in the amount of $60,000 for a total amended contract of $100,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Public Safety Testing to conduct background investigations on Sheriff’s office employment candidates, in the amount of an estimated $42,000.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion

     Whatcom County

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Minutes – Final April 12, 2022 carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 6. AB2022-199

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Julota to integrate data among various data storage platforms used to track and monitor services and care provided to individuals frequently seen by the GRACE and LEAD Programs in the amount of $26,103 for a total amended contract amount of $80,353

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

 7. AB2022-201

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Marysville Police Department for use of the Plantation Rifle Range to train personnel, in the amount of $3,005.52

Byrd 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 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 8. AB2022-203

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to provide Leasing Specialist and intensive case management services in the amount of $159,613 for a total amended contract amount of $229,103

Byrd 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 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 –

Nay: 0 Absent: 0

Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

 Whatcom County

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9. AB2022-204

Aye:

Nay: Absent:

10. AB2022-205

Minutes – Final April 12, 2022

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Axon Enterprise, Inc. to provide additional body worn cameras and detective interview room cameras, in the amount of $102,457.76

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract between Whatcom County and North Sound Behavioral Health Administrative Services Organization to provide funding for the Recovery Navigator Program intended to enhance Law Enforcement Assisted Diversion (LEAD) programming, in the amount of $512,455

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract between Whatcom County and PeaceHealth for the lease of office space for the Health Department’s Response Systems Division at 800 East Chestnut Street, in the amount of $9,171.96

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Bellingham for use of Bellingham’s 800MHz Radio Network, in the amount of $5,040

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion

   Aye:

Nay: Absent:

11. AB2022-210

Aye:

Nay: Absent:

12. AB2022-213

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13.

Aye:

Nay: Absent:

AB2022-222

Aye:

Nay: Absent:

AB2022-228

Aye:

Nay: Absent:

Minutes – Final April 12, 2022 carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request permission for the County Executive to enter into a Local Agency A&E Professional Services Agreement between Whatcom County and KPFF, Inc. to provide on-call professional mechanical engineering support for the Whatcom County ferry program in 2022, in the amount of $40,000.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and Whatcom Conservation District for farm planning services and financial assistance, in the amount of $140,021 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Byrd 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:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

and Administrative Services Committee)

Request authorization for the County Executive to enter into a contract between Whatcom County and the City of Bellingham to support Child and Family Action Plan implementation activities, in the amount of $150,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED.

Kershner spoke about the title of the item and stated this is $150,000 that the City of Bellingham is contributing to the Whatcom County Child and

  14.

 OTHER ITEMS (From Council Finance 1. AB2022-194

   Whatcom County

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Minutes – Final April 12, 2022

 2.

AB2022-197

Request authorization for the County Executive to enter into a grant agreement between Whatcom County and Washington Department of Ecology to develop and implement a collaborative process to identify local solutions for water availability issues in the Nooksack Basin and supporting technical work in the amount of $250,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED.

Elenbaas stated he hopes we are heavy on technical work and implementing the process and less so the development.

Kershner stated this is $250,000 from the Department of Ecology to Whatcom County and this is money that is to go in parallel with the adjudication process that’s happening so that if there are some different ways or local solutions that we can come to some agreement, this money will help us do that.

Byrd’s motion that the Interlocal be AUTHORIZED carried by the following vote:

3.

AB2022-202

Family Action Plan implementation; so the County is not giving the City of Bellingham $150,000, they are contributing to the plan that we have for children and families.

Byrd’s motion that the Contract be AUTHORIZED carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

  Whatcom County

Request authorization for the County Executive to enter into a Interagency agreement between Whatcom County and the State of Washington Department of Ecology for Whatcom Compound Flood Vulnerability and Risk Assessment

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

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 Nay: 0 Absent: 0

(From Council Committee of the Whole)

4. AB2022-190

Ordinance amending Whatcom County Code 2.21, Board of Equalization

Donovan reported for the Committee of the Whole and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-034

(No Committee Assignment)

5. AB2022-220

Resolution establishing guidelines for Council appointment to judicial and legislature vacancies

Kershner moved and Frazey seconded that the Resolution be APPROVED.

Kershner thanked Council staff for putting this together.

Councilmembers discussed and Dana Brown-Davis, Clerk of the Council, and Cathy Halka, Council Legislative Analyst, answered questions about whether the Resolution was introduced two weeks ago, whether language should be added to the Resolution about being able to ask the Whatcom County Bar Association and Washington Women Lawyers (or other outside entities) for input, how the Resolution was scheduled on the agenda, and whether there are similar guidelines that apply to Council Appointments and other appointments they do as a legislative body.

Elenbaas moved and Buchanan seconded that the Resolution be approved but a motion was already on the floor.

Kershner’s motion that the Resolution be APPROVED carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: RES 2022-018

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Council Minutes – Final April 12, 2022 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

  1. AB2022-211

Appointment to a vacancy on the Forestry Advisory Committee, commercial forest landowner position – Applicant(s): Quentin Dills

Byrd moved and Buchanan seconded that the Council Appointment be APPOINTED by acclamation.

Elenbaas asked whether Council needs to vote when there is only one applicant.

Byrd’s motion that the Council Appointment be APPOINTED carried by the following vote:

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

ITEMS ADDED BY REVISION

There were no agenda items added by revision.

INTRODUCTION ITEMS

  1. AB2022-193

Aye:

Nay: Absent:

2. AB2022-206

Buchanan moved to introduce items one through nine. The motion was seconded by Frazey (see votes on individual items below).

Resolution authorizing the County Executive to sign the Black Slough Comprehensive Barrier Removal Design Project grant application to the Brian Abbott Fish Barrier Removal Board (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Buchanan moved and Frazey seconded that the Resolution (FCZDBS) be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: RES 2022-019

Ordinance relating to the Growth Management Act, adopting regulations for forest practices, adding a new Whatcom County Code Chapter 20.76, and amending Chapter 20.80

Buchanan moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried

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April 12, 2022

 3. AB2022-214

Enactment No: ORD 2022-035

Ordinance adopting amendments to the Whatcom County Comprehensive Plan relating to capital facilities planning

Buchanan moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 4. AB2022-215

Enactment No: ORD 2022-036

Ordinance amending the project budget for the Swift Creek Capital Projects Fund, request no. 1

Buchanan moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 5. AB2022-217

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-038

Resolution amending the Flood Control Zone District & Subzones 2022 budget, request no. 2, in the amount of $110,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Buchanan moved and Frazey seconded that the Resolution (FCZDBS) be INTRODUCED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: RES 2022-020

  Whatcom County

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6. AB2022-219

Minutes – Final April 12, 2022

Ordinance amending the project budget for the Way Station Project Fund, request No. 1

Buchanan moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

  7. AB2022-221

Enactment No: ORD 2022-039

Ordinance amending Whatcom County Code Section 16.50.090 to incorporate changes to the C-PACER Program adopted by the state legislature in RCW 36.165.060

Buchanan moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

8. AB2022-224

Enactment No: ORD 2022-037

Ordinance amending WCC 2.123.040 Membership – Term of Office for the Forestry Advisory Committee

Buchanan moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 9. AB2022-225

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-041

Ordinance amending the 2022 Whatcom County Budget, request no. 7, in the amount of $6,246,353

Buchanan moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

  Whatcom County

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Minutes – Final

April 12, 2022

 Absent: 0

Enactment No: ORD 2022-040

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

 ADJOURN

Councilmembers gave committee reports and other updates. Discussion included:

· An invitation to Councilmembers to an upcoming meeting of the Business and Commerce Advisory Committee

· The letter from all the city mayors regarding a request to look at the situation we have with our jail, whether a discussion about it should go to a committee, and whether the Council should respond to the letter

· A recent visit to the Bessie Timber sale site with the Department of Natural Resources (DNR) to learn more about DNR’s active forest management plans and practices

· Volunteering at a senior center

· Concerns about public safety

· An upcoming Resolution regarding Comprehensive Plan priorities

· An upcoming meeting this week of the Climate Impact Advisory

Committee

· Assessor employees accessing and respecting private property

· Forest protection and supporting a viable timber economy

· The recent loss of two great men in Whatcom County: Whatcom

District 7 Assistant Fire Chief, Dean Crosswhite and Navy Seabee veteran, Walt DeKraii

Satpal Sidhu, County Executive, addressed Elenbaas’ comments about Assessor employees being neighborly and respectful as they do their job.

The meeting adjourned at 9:33 p.m.

The County Council approved these minutes on April 26, 2022.

  Whatcom County

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Minutes – Final

April 12, 2022

 ATTEST:

______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Todd Donovan, Council Chair

 Whatcom County

Page 18

Printed on 5/16/2022

******************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, April 26, 2022 6 PM

Hybrid Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=899854&GUID=66C45B49-86B3-4407-9597-05C60D00BD68&Options=info|&Search= ]

HYBRID MEETING (PARTICIPATE IN-PERSON OR SEE REMOTE JOIN INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010)

COUNCILMEMBERS

Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final April 26, 2022

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,

Council Chair Todd Donovan called the meeting to order at 6:01 p.m. in a hybrid meeting.

 Kaylee Galloway, and Kathy Kershner Absent: None

FLAG SALUTE ANNOUNCEMENTS

Whatcom County is accepting applications for two (2) vacant, Council-appointed positions on the Stakeholder Advisory Committee for the Justice Project in the category of “Citizen-Individual with lived experience in the criminal justice system.” More information is available online at whatcomcounty.us/justice or by calling the Council Office at 360-778-5010.

COUNTY EXECUTIVE’S REPORT

Satpal Sidhu, County Executive, stated he did not have a report.

MINUTES CONSENT

    1. MIN2022-026

Aye:

Nay: Absent: Temp Absent:

2. MIN2022-027

Buchanan moved to accept the minutes consent items. The motion was seconded by Frazey (see votes on individual items below).

Committee of the Whole Executive Session for April 12, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

1 – Byrd

Committee of the Whole for April 12, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner

  Aye:

 Whatcom County

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Minutes – Final

April 26, 2022

 3.

Nay: Absent: Temp Absent:

MIN2022-028

Aye:

Nay: Absent: Temp Absent:

MIN2022-029

Aye:

Nay: Absent: Temp Absent:

0

0

1 – Byrd

Regular County Council for April 12, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

1 – Byrd

Water Work Session for April 19, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

1 – Byrd

 4.

 PUBLIC HEARINGS

 1. AB2022-206

Council staff played a short instructional video about how to speak at the meeting.

Ordinance relating to the Growth Management Act, adopting regulations for forest practices, adding a new Whatcom County Code Chapter 20.76, and amending Chapter 20.80

Joshua Fleischmann, Planning and Development Services Department, briefed the Councilmembers and answered whether the Forest Advisory Committee has weighed in on this item and whether they approve of it, whether the purpose for this change is because the Department of Natural Resources (DNR) recognizes that forestry lands inside of Urban Growth Areas (UGAs) are potentially developable into a city and so they are giving that control to the County, and whether a city would have to wait six years after a UGA has been harvested to annex or develop it because of the six-year development moratorium as referenced in Exhibit A.

Donovan opened the Public Hearing and, hearing no one, closed the Public

  Whatcom County

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Minutes – Final

April 26, 2022

 2.

Aye:

Nay: Absent:

AB2022-214

Hearing.

Kershner moved and Galloway seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-035

Ordinance adopting amendments to the Whatcom County Comprehensive Plan relating to capital facilities planning

Mark Personius, Planning and Development Services Department Director, briefed the Councilmembers.

Mike McFarlane, Parks and Recreation Department Director, answered where on Lookout Mountain the culverts are located.

Donovan 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:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-036

Ordinance amending Whatcom County Code Section 16.50.090 to incorporate changes to the C-PACER Program adopted by the state legislature in RCW 36.165.060

Cathy Halka, Council Legislative Analyst, briefed the Councilmembers.

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Byrd moved and Kershner seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Donovan answered whether this makes it a more streamlined process if they have to foreclose and it takes the County staff out of that business of foreclosing on these kind properties.

 3.

Aye:

Nay: Absent:

AB2022-221

  Whatcom County

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Council Minutes – Final April 26, 2022

 Byrd’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-037

OPEN SESSION (20 MINUTES)

The following people spoke:

· Cynthia Sue Ripke-Kutsagoitz

· Mike Kaufman

· Leea Heeringa

· Susan Reece

· Shea Rhodefer

· John Ramsey

· John Marshall

· Helga DeLiban

· Jim McMahon

· Heather Katahdin

· Markis Dee

· Melissa (last name not stated)

· Misty Flowers

· Ken Domorod

· Cliff Langley

· Hannah Ordos

· Name not given

· Lyle Sorenson

· Paul Mansey

· Ann Caldwell

· Tasha Thompson

· Name not given

· Megan Wiseman

· Natalie Chavez

· Tammie Lagerwey

· Karla Rae

· Skip Hamilton

· John Lesow

  Whatcom County

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Minutes – Final

April 26, 2022

 · Nancy Bergman

· Sara Rose

· Micah Lagerwey

· Brendan Walter

· Fallon Richardson

Hearing no one else, Donovan closed the Open Session. Clerk’s note: Councilmembers took a short break.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

 1. AB2022-208

Byrd reported for the Finance and Administrative Services Committee and stated Consent Agenda item number nine was withdrawn from the agenda and he would like to remove Consent Agenda item number twelve from the Consent Agenda and consider it separately.

Byrd moved to approve Consent Agenda items one through eight, ten, and eleven (with item seven being a substitute version). Councilmembers voted on those items (see votes on individual items below).

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Regional Council for the provision of nursing services for the jail and work center, increasing the original contract by $153,350.00 for the balance of 2022

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

 2. AB2022-212

Aye:

Request authorization for the County Executive to enter into a grant agreement between Whatcom County and Washington State Dept of Commerce for the Way Station in the amount of $4,000,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

Aye: 6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

Nay: 1 – Elenbaas Absent: 0

  Whatcom County

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Minutes – Final April 26, 2022

 Nay: Absent:

3. AB2022-230

Aye:

Nay: Absent:

4. AB2022-233

Aye:

Nay: Absent:

5. AB2022-234

1 – Elenbaas 0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Office of the Attorney General for Sexual Assault Kit Initiative Grant, in the amount of $3,000.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request approval for the Executive to enter into a contract between Whatcom County and Taylor Driving Schools to provide Class-A Commercial Driver License (CDL) training to Public Works Maintenance and Operations employees, in the amount of $60,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to provide case management and supportive services to individuals and households experiencing or at-risk of experiencing homelessness in the amount of $56,801 for a total amended contract amount of $585,237

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

1 – Elenbaas

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Bird’s Eye Medical to provide COVID-19 vaccine

Page 6 Printed on 7/19/2022

   Aye:

Nay: Absent:

6. AB2022-242 Whatcom County

Council

Minutes – Final April 26, 2022

 Aye:

Nay: Absent:

7. AB2022-243

Aye:

Nay: Absent:

8. AB2022-245

Aye:

Nay: Absent:

9. AB2022-246

10. AB2022-247

Whatcom County

administration services at community vaccine clinics, in an estimated amount not to exceed $140,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and City of Bellingham to provide funding for the Alternative Response Team pilot program, in an amount not to exceed $167,917 in 2022 and $259,210 in 2023

Byrd reported for the Finance and Administrative Services Committee and moved that the SUBSTITUTE Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Pacific Security to provide Courthouse Screening Services, in the amount of $109,500

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Lighthouse Mission Ministries to provide funding for supplemental pay premiums to eligible staff providing direct services to clients, in an amount not to exceed $117,611

This agenda item was WITHDRAWN.

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Mount Vernon Police Department for use of the

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Minutes – Final April 26, 2022

 11.

Aye:

Nay: Absent:

AB2022-248

Aye:

Nay: Absent:

AB2022-250

Plantation Rifle Range to train personnel, in the amount of $7,108.85

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Sedro-Woolley Police Department for use of the Plantation Rifle Range to train personnel, in the amount of $6,669.71

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Northwest Youth Services to provide funding for supplemental pay premiums to eligible staff providing direct services to clients, in an amount not to exceed $140,612

 12.

 AB2022-250 (Consent Agenda Item number twelve) was removed from the Consent Agenda and considered Separately see motion and vote below.

12. AB2022-250

Request authorization for the County Executive to enter into a contract between Whatcom County and Northwest Youth Services to provide funding for supplemental pay premiums to eligible staff providing direct services to clients, in an amount not to exceed $140,612

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED.

Councilmembers discussed the motion.

Tyler Schroeder, Executive’s Office, answered questions about the funding, whether there are alternative uses for this money, whether it could be used to support the jail services, and why the Lighthouse Mission did not want to sign the contract for AB2022-246.

  Whatcom County

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Minutes – Final April 26, 2022

 Aye:

Nay: Absent:

OTHER ITEMS (From Council Finance

1. AB2022-215

Aye:

Nay: Absent:

2. AB2022-219

Aye:

Nay: Absent:

3. AB2022-225

Councilmembers and Schroeder discussed the sections in the County’s contracts that indicate non-discrimination in employment and that recognize hiring practices and whether that would stop the Lighthouse Mission from ever getting any funding.

Byrd’s motion that the Contract be AUTHORIZED carried by the following vote:

5 – Buchanan, Donovan, Frazey, Galloway, and Kershner 2 – Byrd, and Elenbaas

0

and Administrative Services Committee)

Ordinance amending the project budget for the Swift Creek Capital Projects Fund, request no. 1

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-038

Ordinance amending the project budget for the Way Station Project Fund, request No. 1

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-039

Ordinance amending the 2022 Whatcom County Budget, request no. 7, in the amount of $6,246,353

Byrd reported for the Finance and Administrative Services Committee and

     Whatcom County

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Minutes – Final April 26, 2022

 Aye:

Nay: Absent:

4. AB2022-244

moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-040

Request authorization for the County Executive to enter into a contract between Whatcom County and Opportunity Council to provide funding for supplemental pay premiums to eligible staff providing direct services to clients, in an amount not to exceed $272,196

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED.

Councilmembers discussed why this item is not in the Consent Agenda.

Byrd’s motion that the Contract be AUTHORIZED carried by the following vote:

5 – Buchanan, Donovan, Frazey, Galloway, and Kershner 2 – Byrd, and Elenbaas

0

Resolution authorizing the County Executive to sign the Black Slough Comprehensive Barrier Removal Design Project grant application to the Brian Abbott Fish Barrier Removal Board (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Byrd reported for the Finance and Administrative Services Committee and moved that the Resolution (FCZDBS) be APPROVED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: RES 2022-019

Resolution amending the Flood Control Zone District & Subzones 2022 budget, request no. 2, in the amount of $110,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Byrd reported for the Finance and Administrative Services Committee and

 Aye:

Nay: Absent:

5. AB2022-193

Aye:

Nay: Absent:

6. AB2022-217

   Whatcom County

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Minutes – Final April 26, 2022

 moved that the Resolution (FCZDBS) be APPROVED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: RES 2022-020

(From Council Criminal Justice and Public Safety Committee)

7. AB2022-256

Resolution amending the membership of the Stakeholder Advisory Committee for the Justice Project

Buchanan reported for the Criminal Justice and Public Safety Committee and moved that the Resolution be APPROVED. The motion carried by the following vote:

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: RES 2022-021

(From Council Committee of the Whole)

8. AB2022-224

Ordinance amending WCC 2.123.040 Membership – Term of Office for the Forestry Advisory Committee

Donovan reported for the Committee of the Whole and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-041

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

 1. AB2022-229

Appointment to a vacancy on the Acme / VanZandt Flood Control Subzone Advisory Committee, Applicant(s): Valerie Lloyd (Council acting as the Flood Control Zone District Board of Supervisors)

Buchanan moved and Kershner seconded that the Council Appointment be APPOINTED. The motion carried by the following vote:

  Whatcom County

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Minutes – Final April 26, 2022

 2. AB2022-209

Appointment to a vacancy on the Board of Equalization, at-large alternate position – applicant(s) W. Thomas Follis

Byrd moved and Kershner seconded that the Council Appointment be APPOINTED by acclamation. The motion carried by the following vote:

4. AB2022-254

Appointment to a vacancy on the Board of Equalization, District 5 position – applicant(s) James Day

Elenbaas moved and Frazey seconded that the Council Appointment be APPOINTED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 3. AB2022-240

Appointment to a vacancy on the Board of Equalization, District 3 position – applicant(s) David Simpson

Byrd moved and Frazey seconded that the Council Appointment be APPOINTED by acclamation. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

ITEMS ADDED BY REVISION

There were no agenda items added by revision.

INTRODUCTION ITEMS

  1. AB2022-231

Byrd moved to introduce items one through four. The motion was seconded by Buchanan (see votes on individual items below).

Appointment to a vacancy on the Board of Supervisors for Drainage Improvement District #7, Position 3, to serve a partial term until the next election in February 2024 – Applicant(s): Rodney Stump

  Whatcom County

Page 12 Printed on 7/19/2022

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Minutes – Final April 26, 2022

 2. AB2022-232

Appointment to a vacancy on the Board of Commissioners for Drainage District #3, Position 1, to serve a partial term until the next election in February 2024 – Applicant(s): Roger Blok

Byrd moved and Buchanan seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:

Byrd moved and Buchanan seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 3. AB2022-241

Appointment to a vacancy on the Board of Supervisors for Consolidated Drainage Improvement District #20, Position 1, to serve a partial term until the next election in February 2024 – Applicant(s): Rodney Vande Hoef

Byrd moved and Buchanan seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 4. AB2022-239

Resolution vacating a portion of Wynn Road

Byrd moved and Buchanan seconded that the Resolution Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: RES 2022-026

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

Councilmembers gave committee reports and Councilmember updates. They discussed:

  Whatcom County

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Minutes – Final

April 26, 2022

 ADJOURN

Satpal Sidhu, County Executive, spoke about an upcoming event at the Lynden Sikh Temple and invited Councilmembers to attend.

The meeting adjourned at 9:01 p.m.

The County Council approved these minutes on May 10, 2022. ATTEST:

· ·

What a motion to appoint by acclamation means

Revisiting the non-discrimination clause in County contracts

 ______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Todd Donovan, Council Chair

 Whatcom County

Page 14

Printed on 7/19/2022

**************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, May 10, 2022 6 PM

Hybrid Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=899866&GUID=05597A6A-224A-471D-AB3F-3A6A0DA1F3B7&Options=info|&Search= ]

HYBRID MEETING (PARTICIPATE IN-PERSON OR SEE REMOTE JOIN INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010)

COUNCILMEMBERS

Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final May 10, 2022

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,

Council Chair Todd Donovan called the meeting to order at 6:07 p.m. in a hybrid meeting.

 Kaylee Galloway, and Kathy Kershner Absent: None

FLAG SALUTE

ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

Satpal Sidhu, County Executive, stated he did not have a report.

MINUTES CONSENT

    1. MIN2022-030

Byrd moved to accept the minutes consent items. The motion was seconded by Buchanan (see votes on individual items below).

Committee of the Whole for April 26, 2022

Byrd moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

 2. MIN2022-031

Regular County Council for April 26, 2022

Byrd moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

SPECIAL PRESENTATION

1. AB2022-278 Invitation to the Gathering of Eagles and a special event honoring Master Carver Jewell James

   Whatcom County

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Council Minutes – Final May 10, 2022

 The presenter was not present.

This agenda item was NOT ACTED UPON. PUBLIC HEARINGS

 1. AB2022-270

Council staff played a short instructional video about how to speak at the meeting.

Advisory public hearing to gather public comments on proposed amendments to Title 20 (Zoning) to regulate vacation (short-term) rentals

Cliff Strong, Planning and Development Services Department, gave a brief introduction to the item.

Donovan opened the Public Hearing and the following people spoke:

· Cynthia Sue Ripke-Kutsigoitz

· Patrick Alesse

· Forest Payne

· Name not stated

· Brad Swanson

· Kelvin Barton

· Brian Bott

· Jackie (last name inaudible)

· Heather Dalberg

· Thomas Frey

· Liz Christner

· Perry Eskridge

· Patrick McMahon

· Lisa Oostema

Hearing no one else, Donovan closed the Public Hearing.

Kershner asked whether this should be sent back to the Planning Commission in light of State regulations being passed and in the interest of not having duplication.

Strong answered what the difference is between permitted use and accessory use as far as the Code goes and how that would be interpreted by Planning.

Kershner spoke about the following concerns:

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Council

Minutes – Final May 10, 2022

 OPEN SESSION

· Whether nuisance laws are already included in State regulation

· Not having the data on how many complaints they have received

about short term rentals and whether they would be putting regulations in place when they do not know what the extent of the problem (if there is one) is

· The Planning Department having to manage the program

· Having to register and pay a fee if you are just renting out your home

for two weeks a year

· Whether this would be duplicating State regulations

· What the safety requirements would be and what the safety checklist

that is required by the Building Official and Fire Marshall might be

· The condition for Lake Whatcom Properties regarding onsite septic

system inspections which is already required by the Code and possible duplicated efforts between the Health Department and the Planning Department in monitoring that

Elenbaas stated the Planning Commission heard many public comments against the regulations several years ago and did not move forward with it at that time, even before the addition of State regulations. He does not want to see County Planning staff spending time on regulating and answering phone calls about vacation rentals but would rather see them work on issues that are more important to our community.

PUBLIC TESTIMONY WAS RECEIVED (file final).

The following people spoke:

· Cynthia Sue Ripke-Kutsigoitz

· Misty Flowers

· Robert Bystrom

· Laurie San Angelo

· Cliff Langley

· Barbara Powers

· Melissa Gragg

· Helga DeLiban

· Natalie Chavez

· Lyle Sorenson

· Richard Johnson

· Patrick Alesse

· Dam Pham

· Tammie

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Minutes – Final

May 10, 2022

 · ·

Sara Rose Hannah Ordos

Hearing no one else, Donovan closed the Open Session.

Byrd addressed comments about restricting public comment in Council meetings.

Clerk’s note: Councilmembers took a brief recess. CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

 1. AB2022-236

Byrd reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through seven.

Councilmembers discussed Consent Agenda items number four (AB2022-265) and number seven (AB2022-277).

Dana Brown-Davis, Clerk of the Council, stated that Consent Agenda Item number five (AB2022-272) is a substitute version.

Councilmembers voted on the Consent Agenda (see votes on individual items below).

Resolution to set hearing and notice of hearing to declare Whatcom County real property as surplus

Byrd reported for the Finance and Administrative Services Committee and moved that the Resolution be APPROVED. The motion carried by the following vote:

 2. AB2022-237

Enactment No: RES 2022-022

Resolution to set hearing and notice of hearing to authorize the transfer of Whatcom County surplus property

Byrd reported for the Finance and Administrative Services Committee and moved that the Resolution be APPROVED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

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Minutes – Final May 10, 2022

 3. AB2022-253

Enactment No: RES 2022-023

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and Washington State Department of Commerce to provide resources to respond to the COVID-19 pandemic among individuals and families who are homeless or receiving homeless assistance, in the amount of $1,250,000 for a total amended amount of $4,294,770

Byrd 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 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 4. AB2022-265

Request permission for the County Executive to enter into a Shorelands Floodplain by Design Agreement with the State of Washington Department of Ecology (Council acting as the Flood Control Zone District Board of Supervisors)

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract (FCZDBS) be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 5. AB2022-272

Resolution authorizing the Whatcom County Executive to act as the authorized representative on behalf of Whatcom County for Washington State Recreation and Conservation Office Puget Sound Acquisition and Restoration Grant

Byrd reported for the Finance and Administrative Services Committee and moved that the SUBSTITUTE Resolution be APPROVED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 –

Nay: 0 Absent: 0

Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

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Minutes – Final May 10, 2022

 6.

AB2022-273

Aye:

Nay: Absent:

AB2022-277

Aye:

Nay: Absent:

Enactment No: RES 2022-024

Request authorization for the County Executive to enter into a contract between Whatcom County and Parametrix, Inc, in the amount of $55,523.27 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Byrd 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:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the Executive to enter into a FEMA Public Assistance grant agreement between Whatcom County and the Washington State Military Department for disaster relief and emergency assistance

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

 7.

 OTHER ITEMS

(From Council Committee of the Whole)

 1. AB2022-259

Resolution supporting the Snohomish, Whatcom, Island, San Juan and Skagit (SWISS) regional partnership with the Washington State Association of Counties

Donovan reported for the Committee of the Whole and moved that the Resolution be APPROVED.

Elenbaas spoke about why he does not support the Resolution.

Donovan’s motion that the Resolution be APPROVED carried by the following vote:

Aye: 5 – Buchanan, Donovan, Frazey, Galloway, and Kershner

Nay: 2 – Byrd, and Elenbaas Absent: 0

Enactment No: RES 2022-025

  Whatcom County

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Council Minutes – Final May 10, 2022 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

  1. AB2022-231

Appointment to a vacancy on the Board of Supervisors for Drainage Improvement District #7, Position 3, to serve a partial term until the next election in February 2024 – Applicant(s): Rodney Stump

Byrd moved and Kershner seconded that the Council Appointment Requiring Introduction be APPOINTED by acclamation.

Councilmembers discussed voting by acclamation. Elenbaas stated the applicant would be great.

Byrd’s motion that the Council Appointment Requiring Introduction be APPOINTED by acclamation carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Appointment to a vacancy on the Board of Commissioners for Drainage District #3, Position 1, to serve a partial term until the next election in February 2024 – Applicant(s): Roger Blok

Byrd moved and Donovan seconded that the Council Appointment Requiring Introduction be APPOINTED.

Councilmembers discussed the applicant.

Byrd’s motion that the Council Appointment Requiring Introduction be APPOINTED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Appointment to a vacancy on the Board of Supervisors for Consolidated Drainage Improvement District #20, Position 1, to serve a partial term until the next election in February 2024 – Applicant(s): Rodney Vande Hoef

Byrd moved and Donovan seconded that the Council Appointment Requiring Introduction be APPOINTED.

Elenbaas stated the applicant would be great for the position.

Byrd’s motion that the Council Appointment Requiring Introduction be APPOINTED carried by the following vote:

 Aye:

Nay: Absent:

2. AB2022-232

 Aye:

Nay: Absent:

3. AB2022-241

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May 10, 2022

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

  1. AB2022-264

Request confirmation of the County Executive’s appointment of Franklin Boteler to the Whatcom County Parks and Recreation Commission

Byrd moved and Frazey seconded that the Executive Appointment be CONFIRMED.

Councilmembers discussed the motion.

Byrd’s motion that the Executive Appointment be CONFIRMED carried by the following vote:

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

ITEMS ADDED BY REVISION

There were no agenda items added by revision.

INTRODUCTION ITEMS

  1. AB2022-260

Aye:

Byrd moved to introduce items one through ten. The motion was seconded by Buchanan.

Kershner asked who submitted Introduction item number four.

Dana Brown-Davis, Clerk of the Council, stated it was Brad Bennett from the Finance Department.

Councilmembers voted on the Introduction items (see votes on individual items below).

Ordinance amending the project budget for the Sudden Valley Stormwater Improvements Fund, request no. 1

Byrd moved and Buchanan seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

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Minutes – Final May 10, 2022

 Nay: Absent:

2. AB2022-274

Aye:

Nay: Absent:

3. AB2022-275

Aye:

Nay: Absent:

4. AB2022-280

Aye:

Nay: Absent:

5. AB2022-258

0 0

Enactment No: ORD 2022-042

Ordinance amending the project based budget for the 2010 Jail Improvements Fund, request no. 5

Byrd moved and Buchanan seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-043

Ordinance amending the 2022 Whatcom County Budget, request no. 8, in the amount of $11,498,022

Byrd moved and Buchanan seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-044

Ordinance amending Whatcom County Code Section 3.08.095, Small Works Roster Contract Award process, to update requirements for Bids and Proposals

Byrd moved and Buchanan seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-046

Appointment to a vacancy on the Board of Supervisors for Drainage Improvement District #6, Position 1, to serve a partial term until the next election in February 2024 – Applicant(s): Edward L. Thompson

Byrd moved and Buchanan seconded that the Council Appointment Requiring

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Council

Minutes – Final May 10, 2022 Introduction be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Appointment to the Stakeholder Advisory Committee for the Justice Project, applicants: Teresa Bosteter, Eve Smason-Marcus (Application deadline for any other applicants to this vacancy is 10 a.m. on May 17, 2022)

Byrd moved and Buchanan seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Resolution amending Resolution No. 2021-056, making additional amendments to the 2020 Shoreline Management Program Periodic Update documents to be considered by the Department of Ecology in their final review and approval

Byrd moved and Buchanan seconded that the Resolution Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: RES 2022-027

Resolution declaring Whatcom County real property surplus

Byrd moved and Buchanan seconded that the Resolution Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: RES 2022-028

Resolution authorizing the transfer of Whatcom County surplus property

Byrd moved and Buchanan seconded that the Resolution Requiring a Public

 6. AB2022-276

Aye:

Nay: Absent:

7. AB2022-261

Aye:

Nay: Absent:

8. AB2022-282

Aye:

Nay: Absent:

9. AB2022-283

Aye:

Nay: Absent:

     Whatcom County

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Council

Minutes – Final May 10, 2022

 10.

AB2022-266

Enactment No: RES 2022-032

Request approval for the County Executive to submit up to three (3) applications and enter into grant agreements with the Washington State Department of Commerce for 2022 CDBG grant funding to support local projects that will benefit low-to-moderate income families in Whatcom County

Byrd moved and Buchanan seconded that the Agreement Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

Councilmembers gave committee reports and updates on recent activities and upcoming events.

Galloway spoke about and Councilmembers discussed with Satpal Sidhu, County Executive, a property coming up for sale in old town Bellingham and exploring acquisition of the land and how it might be used for affordable housing.

Councilmembers and Sidhu also discussed:

· Supporting staff to take care of core County services instead of adding staff responsibilities and maybe having some discussion regarding strategies and priorities of what Council really wants to work on

· A conversation with Everson Mayor Perry regarding an affordable housing project just outside of Everson

· Comments from the public about the Health Department doors being locked

· Public comment about taking some of the General Fund money that has been preserved over the last two years and putting it towards the

  Whatcom County

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Council

Minutes – Final

May 10, 2022

 ADJOURN

amount needed to start constructing a new jail facility

The meeting adjourned at 8:47 p.m.

The County Council approved these minutes on May 24, 2022.

 ATTEST:

______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Todd Donovan, Council Chair

 Whatcom County

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*****************************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, May 24, 2022 6 PM

Hybrid Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=899900&GUID=19AF2DEF-DC96-49F6-992D-39145F3B3688&Options=info|&Search= ]

HYBRID MEETING (PARTICIPATE IN-PERSON OR SEE REMOTE JOIN INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010)

COUNCILMEMBERS

Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final May 24, 2022

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,

Council Chair Todd Donovan called the meeting to order at 6 p.m. in a hybrid meeting.

 Kaylee Galloway, and Kathy Kershner Absent: None

FLAG SALUTE ANNOUNCEMENTS

Councilmembers observed a moment of silence in recognition of the tragedy in Texas today.

COUNTY EXECUTIVE’S REPORT

There was no report.

SPECIAL PRESENTATION

    1. AB2022-269

Clerk’s note: The Chair moved this item up on the agenda so that it was the first agenda item.

Whatcom County Executive Sidhu will present his “State of the County” remarks to Council

Satpal Sidhu, County Executive, stated his heart goes out to the families of the victims in Texas and he read his “State of the County” remarks (on file) into the record.

 This agenda item was PRESENTED. MINUTES CONSENT

 1. MIN2022-032

Buchanan moved to accept the minutes consent items. The motion was seconded by Frazey (see votes on individual items below).

Committee of the Whole Executive Session for May 10, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

  Whatcom County

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Minutes – Final

May 24, 2022

 Absent:

2. MIN2022-033

Aye:

Nay: Absent:

3. MIN2022-034

Aye:

Nay: Absent:

4. MIN2022-035

Aye:

Nay: Absent:

0

Committee of the Whole for May 10, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Regular County Council for May 10, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Water Work Session for May 17, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

   PUBLIC HEARINGS

 1. AB2022-266

Request approval for the County Executive to submit up to three (3) applications and enter into grant agreements with the Washington State Department of Commerce for 2022 CDBG grant funding to support local projects that will benefit low-to-moderate income families in Whatcom County

Council staff played a short instructional video about how to speak at the meeting.

Greg Winter, Opportunity Council Executive Director, thanked the Council, Executive, and County staff for their past support for these programs.

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Frazey moved and Galloway seconded that the Agreement Requiring a Public

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2.

Minutes – Final

Hearing be AUTHORIZED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Resolution vacating a portion of Wynn Road

Andrew Hester, Public Works Department, briefed the Councilmembers and answered whether there are any public parks around the road.

May 24, 2022

 3.

Aye:

Nay: Absent:

AB2022-261

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Buchanan moved and Kershner seconded that the Resolution Requiring a Public Hearing be APPROVED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: RES 2022-026

Resolution amending Resolution No. 2021-056, making additional amendments to the 2020 Shoreline Management Program Periodic Update documents to be considered by the Department of Ecology in their final review and approval

Cliff Strong, Planning and Development Services Department, briefed the Councilmembers.

Karen Frakes, Prosecuting Attorney’s Office, answered whether Elenbaas was able to participate in this item since he is personally involved as a petitioner in the matter and whether he can hear the public comments. Elenbaas stayed in the meeting.

Donovan opened the Public Hearing and the following people spoke:

· Wendy Harris

· Brandy Reed

Hearing no one else, Donovan closed the Public Hearing.

Strong addressed the two public comments at the request of Councilmember Byrd.

Karen Frakes, Prosecuting Attorney’s Office, addressed the public

Aye:

Nay: Absent:

AB2022-239

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Minutes – Final May 24, 2022

 4.

Recused:

AB2022-282

1 – Elenbaas

Enactment No: RES 2022-027

Resolution declaring Whatcom County real property surplus

Donovan opened the Public Hearing and the following people spoke:

comment about the language added in Section 16.16.820 (G) and possible liability for the Conservation District at the request of Councilmember Frazey. She stated she feels this language does not obligate the Conservation District to do anything. If they don’t perform that function then this clause basically becomes meaningless.

Elenbaas spoke about the proposed added language and gave a history of the issue. He stated the reason this language is there is because the Conservation District does offer farmers the service of creating farm plans. This is not intended to be any form of an unfunded mandate for the Conservation District; it’s just an acknowledgement that the Planning and Development Services Department does accept the Conservation District’s farm plans as approved farm plans.

Frakes stated it is her opinion that there is a difference between doing farm plans and preparing critical areas assessments that determine that there is no impact to critical areas.

Strong answered if the Conservation District does not do the critical areas assessments what it defaults to in terms of policy.

Kershner moved and Galloway seconded that the Resolution Requiring a Public Hearing be APPROVED.

Frakes answered whether there are legal issues and whether the Conservation District can refer to a third party if they are not able to do the assessment.

Kershner’s motion that the Resolution Requiring a Public Hearing be APPROVED carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner Nay: 0

Absent: 0

Aye:

 · ·

Markis Dee Paul Schissler

 Whatcom County

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Minutes – Final May 24, 2022

 5.

AB2022-283

Resolution authorizing the transfer of Whatcom County surplus property

Tyler Schroeder, Executive’s Office, stated he does not have any problem holding this item (see discussion on previous agenda item) and answered whether the County could surplus the property for a dollar and still be consistent with the Revised Code of Washington (RCW).

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Elenbaas moved that they leave the public hearing open until they have a defined transaction and at that time continue the public hearing and then make a decision.

The motion was seconded by Byrd.

Hearing no one else, Donovan closed the Public Hearing.

Frazey moved and Galloway seconded that the Resolution Requiring a Public Hearing be APPROVED.

Tyler Schroeder, Executive’s Office, answered questions and discussed with Councilmembers whether the County is donating this property or providing American Rescue Plan Act (ARPA) dollars so that the Opportunity can purchase the property, and why it is not being done at the same time as the transfer of the property (see AB2022-283 below) so that Council is not approving the transfer without knowing the transfer terms.

Byrd stated he would prefer to hold the next agenda item (AB2022-283) until the transfer terms have been decided and finalized.

Councilmembers discussed the motion to approve this resolution and whether they would like to see the terms of the transfer before authorizing it.

Frazey’s motion that the Resolution Requiring a Public Hearing be APPROVED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Absent: 0

Enactment No: RES 2022-028

Aye:

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Minutes – Final May 24, 2022

 OPEN SESSION

The following people answered what would happen if they leave this public hearing open and then something changes or they choose to move forward in a different manner, and whether the Resolution would still need to be re-introduced since it does not list a value:

· Dana Brown-Davis, Clerk of the Council

· Karen Frakes, Prosecuting Attorney’s Office

Elenbaas stated he would like the transaction to be defined so people can be able to comment on exactly what that transaction is going to look like.

Schroeder stated he has every intention to come back to Council to discuss the terms at either the June seventh or June 21st meeting.

Donovan asked if there needs to be a time period added to the motion and Schroeder suggested prior to June 30th.

The motion carried by the following vote:

Aye: 7 – Kershner, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Final Action: HEARD PUBLIC TESTIMONY AND HELD PUBLIC HEARING OPEN until they have a defined transaction (and no later than June 30).

Enactment No: RES 2022-032

The following people spoke:

· Holly O’Neil

· Annie Teed

· Cynthia Sue Ripke-Kutsagoitz

· Misty Flowers

· Klaus Klix

· Don (last name inaudible)

· Art Anderson

· Greg Deloya

· Cliff Langley

· Lindy McDonough

· Barbara Powers

· Linda McCarthy

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Minutes – Final

May 24, 2022

 · Tami Dockter

· Birgit Ramsey

· Lyle Sorenson

· Tammie Lagerwey

· Melissa Gragg

· Neal Velthuizen

· Roxanne Worrell

· Markis Dee

· Natalie Chavez

· Nancy Bergman

· Kate McDonald

· Richard Johnson

· Robert Bystrom

· Martin Klix

· Name not stated

· Janet Johnson

Clerk’s note: Councilmembers took a short break then the Open Session continued and the following people spoke:

· RobRoy Graham

· Dam Pham

· Ken Domorod

· Karla Rae

· Ian McCurdy

· Gerry Swieringa

· Enoch Mann

· Sara Rose

· Hank Maleng

· Brandy Reed

· John Ramsey

· Danielle (last name not stated)

· Barbara Sardarov

· Hannah Ordos

Hearing no one else, Donovan closed the Open Session.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

  Whatcom County Page 7 Printed on 8/1/2022

Council

Minutes – Final May 24, 2022

 1. AB2022-252

Aye:

Nay: Absent:

2. AB2022-284

Aye:

Nay: Absent:

3. AB2022-285

Aye:

Nay: Absent:

4. AB2022-286

Whatcom County

Byrd reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through eleven. Councilmembers discussed and then voted on those items (see votes on individual items below).

Request authorization for the County Executive to enter into a grant contract between Whatcom County and Washington State Health Care Authority for financial assistance to expand the MOUD (Medication for Opioid Use Disorder) Program in the Jail in the amount of $149,839.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and U.S. Department of Agriculture (USDA), Forest Service, for a part time Sheriff’s Office Deputy to patrol Mt. Baker-Snoqualmie National Forest, in the amount of $21,773.14

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and U.S. Department of Agriculture (USDA), Forest Service, for a part-time Sheriff’s Office Deputy to patrol Mt.Baker-Snoqualmie National Forest, in the amount of $34,986.86

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement

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Council

Minutes – Final May 24, 2022

 Aye:

Nay: Absent:

5. AB2022-287

Aye:

Nay: Absent:

6. AB2022-289

between Whatcom County and U.S. Department of Agriculture (USDA), Forest Service, for overtime patrols, in the amount of $21,900.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Northwest Regional Council (NWRC) for Medication for Opioid Use Disorder (MOUD) Nursing Services at the Whatcom County Jail and Work Center in the amount of $54,748.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a Collective Bargaining Agreement between Whatcom County and Local 114-PD of the Washington State Council of County and City Employees (WSCCCE) Council 2, American Federation of State, County & Municipal Employees (AFSCME) effective date of adoption through December 31, 2024

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Action Research to develop an outreach program to foster behavior changes related to proper disposal of moderate-risk hazardous waste in the amount of $74,340

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion

  Aye:

Nay: Absent:

7. AB2022-290

  Whatcom County

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Council

Minutes – Final May 24, 2022 carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Western Washington University for support of the construction of a Longhouse in the amount of $75,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request approval for the County Executive to enter into an Interlocal Cooperative Purchasing Agreement with Kitsap County which will allow reciprocal utilization of competitively bid contracts, pursuant to RCW Chapter 39.34 Interlocal Cooperation Act

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Youth Services to support operations of an overnight shelter for young adults experiencing homelessness in the amount of $165,000 for a total amended contract amount of $250,018

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request approval of the 2022 Economic Development Infrastructure Project list for

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 8. AB2022-293

Aye:

Nay: Absent:

9. AB2022-297

Aye:

Nay: Absent:

10. AB2022-298

Aye:

Nay: Absent:

11. AB2022-299

Whatcom County

Aye:

Nay: Absent:

Council

Minutes – Final May 24, 2022

 Aye:

Nay: Absent:

OTHER ITEMS (From Council Finance

1. AB2022-260

Aye:

Nay: Absent:

2. AB2022-274

funding from the EDI Fund and approval for the County Executive to enter into the required interlocals

Byrd reported for the Finance and Administrative Services Committee and moved that the Request for Motion be APPROVED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

and Administrative Services Committee)

Ordinance amending the project budget for the Sudden Valley Stormwater Improvements Fund, request no. 1

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-042

Ordinance amending the project based budget for the 2010 Jail Improvements Fund, request no. 5

Byrd 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 total budget amount and whether this is the fund for the sales tax that passed a few years ago for the new jail.

Byrd’s motion that the Ordinance be ADOPTED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-043

   Aye:

Nay: Absent:

 Whatcom County

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Council 3.

AB2022-275

Minutes – Final May 24, 2022

Ordinance amending the 2022 Whatcom County Budget, request no. 8, in the amount of $11,498,022

Byrd reported for the Finance and Administrative Services Committee and moved to adopt the Ordinance as amended in Committee (to pull the $1.5 million from the Conservation Futures Fund to purchase the conservation easement for Stewart Mountain Community Forest property from the supplemental budget).

Councilmembers discussed the recommended amendment and the Ordinance.

Dana Brown-Davis, Clerk of the Council, answered whether there is a way to separately introduce the item that was recommended to be withdrawn. She stated what we need is a motion to adopt the Ordinance and then a motion to amend the Ordinance to remove that Stewart Mountain piece. There is an Ordinance prepared by Finance that we can add to introduction tonight to take care of that Stewart Mountain piece if the Council wishes.

Byrd withdrew his motion and moved that the Ordinance be adopted.

Byrd moved to amend the Ordinance to withdraw the $1.5 million request “to fund purchase of conservation easement for Stewart Mountain Community Forest property – Phase I” based on the Committee recommendation.

The motion to amend failed by the following vote: Aye: 3 – Elenbaas, Kershner, and Byrd

Nay: 4 – Frazey, Galloway, Buchanan, and Donovan

Satpal Sidhu, County Executive, addressed a comment about and Councilmembers discussed how these types of ordinances are presented as several items put into one.

Byrd asked why the Council would not give time in one more meeting for something that is not time sensitive so that Councilmembers can get questions answered.

Kershner stated she has reached out to County staff and to the residents in South Fork and she has been working with both parties to come to some kind of a resolution and understanding. She will continue to do that whether this passes tonight or not.

   Whatcom County

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Council

Minutes – Final May 24, 2022

 Chris Elder, Public Works Department, answered whether the Stewart Mountain item could be delayed for two weeks.

Buchanan moved to reconsider the motion on the amendment. The motion was seconded by Galloway.

The motion to reconsider carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

Elenbaas spoke about the expenditures proposed in the Ordinance and stated this is right about the number that they have been talking about on an annual basis to service a debt to build a corrections facility.

The motion to amend to remove Stewart Mountain from this Ordinance carried by the following vote:

Aye: 7 – Byrd, Donovan, Elenbaas, Frazey, Galloway, Kershner, and Buchanan

Nay: 0

Councilmembers discussed the motion to adopt the Ordinance as amended.

Byrd’s motion that the Ordinance be ADOPTED AS AMENDED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Aye: Absent: 0

Enactment No: ORD 2022-044

(Item removed from this ordinance will be introduced tonight as a separate ordinance)

4. AB2022-280

Ordinance amending Whatcom County Code Section 3.08.095, Small Works Roster Contract Award process, to update requirements for Bids and Proposals

Byrd reported for the Finance and Administrative Services Committee and moved to hold this item in Committee until the next meeting.

Councilmembers discussed the motion and getting specific examples of this situation.

Byrd’s motion that the Ordinance be HELD IN COMMITTEE until the next meeting carried by the following vote:

  Whatcom County

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Council Minutes – Final

May 24, 2022

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-046

(From Council Committee of the Whole)

5. AB2022-302

Resolution supporting every person’s right to inclusive healthcare Donovan reported for the Committee of the Whole.

Frazey moved and Galloway seconded that the SUBSTITUTE Resolution (as amended in committee) be APPROVED.

Frazey and Kershner read their comments on the Resolution into the record and Councilmembers discussed the Resolution and the role of the County Council.

Dana Brown-Davis, Clerk of the Council, stated that they would be voting on the amended version of the Resolution.

Frazey moved and Galloway seconded that the SUBSTITUTE Resolution (as amended in committee) be APPROVED. The motion carried by the following vote:

4 – Buchanan, Donovan, Frazey, and Galloway 0

0

3 – Byrd, Elenbaas, and Kershner

Enactment No: RES 2022-029

 Aye:

Nay: Absent: Abstain:

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

 1. AB2022-258

Appointment to a vacancy on the Board of Supervisors for Drainage Improvement District #6, Position 1, to serve a partial term until the next election in February 2024 – Applicant(s): Edward L. Thompson

Kershner moved and Buchanan seconded that the Council Appointment Requiring Introduction be APPOINTED. The motion carried by the following vote:

 Aye: 7 – Nay: 0

Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

 Whatcom County

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Council

Minutes – Final May 24, 2022

 2.

Absent:

AB2022-276

0

Appointment to the Stakeholder Advisory Committee for the Justice Project, applicants: Teresa Bosteter, Eve Smason-Marcus (Application deadline for any other applicants to this vacancy is 10 a.m. on May 17, 2022)

Cathy Halka, Council Legislative Analyst, briefed the Councilmembers.

Buchanan moved and Galloway seconded that the Council Appointment Requiring Introduction be APPOINTED.

Elenbaas stated this position on this advisory committee holds the most weight and he is happy people are applying for the two open vacancies.

Buchanan’s motion that the Council Appointment Requiring Introduction (both applicants) be APPOINTED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

 Aye:

Nay: Absent:

CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

  1. AB2022-294

Request confirmation of the County Executive’s appointments of Shamika Brooks, Edna Revey and Therese Horan to the Public Health Advisory Board

Kershner moved and Frazey seconded that the Executive Appointment be CONFIRMED. The motion carried by the following vote:

 2. AB2022-296

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

  Whatcom County

Request confirmation of the County Executive’s appointment of Jim Boyle to the Marine Resources Committee

Buchanan moved and Frazey seconded that the Executive Appointment be CONFIRMED.

Councilmembers discussed whether the applicant is being re-appointed.

Buchanan’s motion that the Executive Appointment be CONFIRMED carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

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Council

Minutes – Final

May 24, 2022

 Nay: 0 Absent: 0

ITEMS ADDED BY REVISION

There were no agenda items added by revision but an ordinance (AB2022-319) was added to Introduction after an amendment to AB2022-275 tonight.

INTRODUCTION ITEMS

  1. AB2022-303

Kershner moved to introduce items one through three (with AB2022-319 being added after amending AB2022-275 earlier tonight). The motion was seconded by Buchanan (see votes on individual items below).

Elenbaas discussed the Stewart Mountain Ordinance.

Dana Brown-Davis, Clerk of the Council, stated that the substitute version of AB2022-303 as amended in Committee is what is being introduced this evening.

Ordinance providing for the submission of a proposition to the qualified electors of Whatcom County authorizing the County to lift the limit on regular property taxes under Chapter 84.55 RCW for the purpose of funding for childcare, early learning programs, and increased support for vulnerable children

Kershner moved and Buchanan seconded that the SUBSTITUTE Ordinance be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

 2. AB2022-281

Enactment No: ORD 2022-045

Appointment to a vacancy on the Board of Equalization for an at-large alternate – Applicant(s): Thomas Goetzl and Jen Glyzinski

Kershner moved and Buchanan seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 –

Nay: 0 Absent: 0

Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

 Whatcom County

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Council

Minutes – Final

May 24, 2022

 AB2022-319

Ordinance amending the 2022 Whatcom County Budget, request No. 8a, in the amount of $1,500,000

Kershner moved and Buchanan seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Aye: Absent: 0

Enactment No: ORD 2022-047

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

 ADJOURN

Councilmembers gave committee reports and spoke about other topics including:

· Learning with Public Works staff what goes into an infrastructure project in urban growth areas

· Having the County undergo an evaluation to look at core services and staff resources in the County

· Work on a resolution regarding transportation needs

· A tour of the Nelson Road Tree Farm

· A recent Flood Control Zone meeting

· Mental Health Awareness Month and a rise in suicide

· Higher fuel, material, and supply costs for farmers right now

· Hearing from the community in open session

The meeting adjourned at 11:02 p.m.

The County Council approved these minutes on June 7, 2022. ATTEST:

 ______________________________ Dana Brown-Davis, Council Clerk

______________________________

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Todd Donovan, Council Chair

 Whatcom County

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Council Minutes – Final May 24, 2022

 Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

 Whatcom County

Page 18 Printed on 8/1/2022

*******************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, June 7, 2022 6 PM

Hybrid Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=899909&GUID=872C0FF3-E9BE-428C-B922-ED75321BDDFD&Options=info|&Search= ]

HYBRID MEETING – PLEASE NOTE: WE ARE EXPERIENCING INTERMITTENT DIFFICULTIES WITH OUR MEETING MANAGEMENT SYSTEM. IF YOU ARE UNABLE TO VIEW VIA THE “IN-PROGRESS” LINK, SEE ZOOM INSTRUCTIONS AT whatcomcounty.us/joinvirtualcouncil.

COUNCILMEMBERS

Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final June 7, 2022

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,

Council Chair Todd Donovan called the meeting to order at 6:01 p.m. in a hybrid meeting.

 Kaylee Galloway, and Kathy Kershner Absent: None

FLAG SALUTE

ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

Satpal Sidhu, County Executive, spoke about two items given to him by members of the audience, including an American flag and an iris (symbolizing hope and the commitment to young children and families in Whatcom County). He also spoke about sensible gun laws and stated he would be bringing a related Resolution to the Council.

MINUTES CONSENT

    1. MIN2022-036

Aye:

Nay: Absent: Temp Absent:

2. MIN2022-037

Aye: Nay:

Buchanan moved to accept the minutes consent items. The motion was seconded by Byrd (see votes on individual items below).

Committee of the Whole for May 24, 2022

Buchanan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

0

1 – Kershner

Regular County Council for May 24, 2022

Buchanan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

   Whatcom County

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Council Minutes – Final June 7, 2022 Absent: 0

Temp Absent: 1 – Kershner PUBLIC HEARINGS

  1. AB2022-303

Ordinance providing for the submission of a proposition to the qualified electors of Whatcom County authorizing the County to lift the limit on regular property taxes under Chapter 84.55 RCW for the purpose of funding for childcare, early learning programs, and increased support for vulnerable children

Emily O’Connor, proponent, presented.

Donovan opened the Public Hearing and the following people spoke:

· Name not given

· Cynthia Sue Ripke-Kutsigoitz

· Julie Batten

· Sterling Chick

· (first name not audible) Parker

· Keely Deck

· Nasreen Mughal-Barrows

· Christine Espina

· Tim McEvoy

· Kristi Dominguez

· Peter Rand

· Nina (last name not given)

· Mara Kelley

· Keith (and Beck) (last name not given)

· Melissa Gragg

· Rachel Lucy

· Name not stated

· Erin (and Eloise) (last name not stated)

· Ying Wu

· Sarah Hayes

· Heather Flaherty

· Tammie Lagerwey

· Meredith Hayes

· Cliff Langley

· Name not given

· Shu-Ling Zhao

· Satpal Sidhu

  Whatcom County

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Council

Minutes – Final

June 7, 2022

 · ·

(first name not audible) Johnson Name not given

Council staff played a short instructional video about how to speak at the meeting and the following people spoke:

· Skip Hamilton

· Misty Flowers

· Michele Cameron

· Dan Hammill

· Kelly Bashaw

· Nathan Carnes

· Jamie Desmul

· Jennifer Wright

· Sara Rose

· Dam Pham

· Fran Isbell

· Debbra Van Beek

· Wendy Harris

· Nancy Bergman

· Ken Domorod

Hearing no one else, Donovan closed the Public Hearing.

Ray Deck, proponent, spoke about the Ordinance and addressed some of the public comments.

Frazey moved and Buchanan seconded that the Ordinance be ADOPTED.

Buchanan spoke about his support for the Ordinance and Elenbaas asked whether this will require a two thirds majority vote or a fifty percent vote to pass.

Elenbaas moved to amend the Ordinance to require a two thirds majority vote to pass.

Karen Frakes, Prosecuting Attorney’s Office, stated this is all something that is done pursuant to State law and that would not be allowed under State law.

Elenbaas’ motion was not voted on for lack of a second.

 Whatcom County

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Council

Minutes – Final June 7, 2022

 Elenbaas moved to amend the third whereas statement on page two of the Ordinance to add language as follows:

WHEREAS, the County wishes to exempt those individuals that qualify for property tax exemptions under RCW 84.36.381; and taxpayers over the age of 61 shall be exempt from this tax.

The motion was seconded by Kershner.

Elenbaas clarified his motion that the proposed amendment should be added to the Ordinance on page two, line twenty-four; page two, line forty; and page six, line twelve.

Frakes stated, I think this is dictated by State law and I don’t think we can create our own exemptions from property tax.

Kershner asked if there is an income threshold for people over 61 that Elenbaas would want to meet but Elenbaas did not change his motion.

Frakes answered whether Revised Code of Washington (RCW) 84.36.381 already applies to people 61 and over.

Elenbaas repeated his motion to add, “taxpayers over the age of 61 shall be exempt from this tax” to page two, line twenty-four; page two, line forty; and page six, line twelve of the Ordinance.

Councilmembers discussed the motion to amend.

The motion to amend failed by the following vote:

Aye: 1 – Elenbaas

Nay: 6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

Satpal Sidhu, County Executive, stated the Ordinance has a sunset clause of ten years.

Councilmembers discussed the Ordinance and the motion to adopt.

Frazey’s motion that the Ordinance be ADOPTED carried by the following vote:

   Aye: Nay:

5 – 1 –

Buchanan, Donovan, Frazey, Galloway, and Kershner Elenbaas

 Whatcom County

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Council Minutes – Final

June 7, 2022

 Abstain:

OPEN SESSION

1 – Byrd

Enactment No: ORD 2022-045

Clerk’s note: Councilmembers took a short recess and reconvened at 8:55 p.m.

The following people spoke:

· Cynthia Sue Ripke-Kutsigoitz

· Markis Dee Stidham

· Melissa Gragg

· Cliff Langley

· Simon Sefzik

· Barbara Powers

· Carol Perry

· Name not given

· Name not given

· Lyle Sorenson

· Name not given

· Name not given

· Natalie Chavez

· Nancy Bergman

· Misty Flowers

· Skip Hamilton

· Sara Rose

· Richard Tran

Hearing no one else, Donovan closed the Open Session.

Absent: 0

 CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

 1. AB2022-300 Whatcom County

Byrd 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).

Request authorization for the County Executive to enter into a contract between Whatcom County and Lydia Place to provide operational funding for a new

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Council

Minutes – Final June 7, 2022

 Aye:

Nay: Absent:

2. AB2022-305

Aye:

Nay: Absent:

3. AB2022-306

Aye:

Nay: Absent:

4. AB2022-307

permanent supportive housing program known as Heart House, in the amount of $57,145

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Resolution updating the appendix of the 2022 Comprehensive Economic Development Strategy (CEDS)

Byrd reported for the Finance and Administrative Services Committee and moved that the Resolution be APPROVED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: RES 2022-030

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and the Washington State Department of Social and Health Services to provide funding for developmental disability services in the amount of $4,099,797 for a total amended contract amount of $8,225,332

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Language Exchange, Inc. to provide language interpreter and translation services for the Health Department in the amount of $19,000 for a total amended contract amount of $49,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

    Whatcom County

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Council

Minutes – Final June 7, 2022

 Aye:

Nay: Absent:

5. AB2022-310

Aye:

Nay: Absent:

6. AB2022-313

Aye:

Nay: Absent:

7. AB2022-316

Aye:

Nay: Absent:

8. AB2022-328

Whatcom County

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and the Washington State Department of Health for the delivery and funding of various public health services in the amount of $36,795, for a total amended agreement amount of $5,959,895

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request approval for the County Executive to enter into the Rural Arterial Program Funding Contract Amendment No. 1 between Whatcom County and the County Road Administration Board in the amount of $690,000 for a total amended amount of $860,100

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Skagit Valley College for use of the Plantation Rifle Range for training purposes, in the amount of $7,177.87

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request approval for the County Executive to award Bid No 22-28 and enter into a contract with lowest responsible bidder, American Construction Co., Inc. for the

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 Lummi Island Dolphin Repair Project in the amount of $327,429

Byrd reported for the Finance and Administrative Services Committee and moved that the Bid Award be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Absent: 0 OTHER ITEMS

(From Council Climate Action and Natural Resources Committee)

Aye:

 1. AB2022-335

Request approval to send a letter to the State Building Code Council on residential energy code

Galloway reported for the Climate Action and Natural Resources Committee and stated that she and Byrd had an opportunity to work through some additional language. They are still working through what a second substitute might look like for this letter. She is not sure if they should stand firm in the value of advocating for an updated residential energy code that promotes a transition to all-electric or do they try to reconcile to find a middle ground that reflects a little bit more the diversity of our community and some of the challenges our communities face. She would like to know how the Council would like to proceed.

Byrd spoke about having language in the letter that is specific and strong in relation to the impacts that something like this would have on our community.

Dana Brown-Davis, Clerk of the Council, answered whether there would be an alternative way to go about approving and sending a letter before the June 17th deadline if they postpone it tonight.

Elenbaas stated he is not opposed to a clean energy transition or electrification in general but he has a hard time with banning things. If the Council decides to send a letter he would like his name to be taken off the letter. It is well-meaning, but if the infrastructure, building industry, and people are not ready for it, it will cause massive problems.

Galloway reported on the motion from Committee and moved to recommend the substitute version, but then stated if she were to make a new motion it would be to hold off for a couple days and then have the Council Clerk circulate for individual Councilmember consideration to give us

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 more time to work on a second substitute.

Galloway withdrew the motion to recommend the substitute letter and moved to table the letter until June 10th, with circulation on June 13th, for final consideration on June 15th to be sent prior to June 17th.

She restated the motion to give the Councilmembers until June 10th to finalize a second substitute, for sending to Council on June 13th, for approval by June 15th, and to send in prior to the 17th.

Councilmembers discussed when they might be able to discuss the letter and whether it could be added as a special meeting after the Water Work Session on June 14th.

Galloway withdrew her motion and moved to postpone the letter until a June 14th special session after the Water Work Session. The motion was seconded by Kershner.

The motion carried by the following vote:

Aye: 7 – Frazey, Galloway, Kershner, Buchanan, Byrd, Donovan, and Elenbaas

Nay: 0

This agenda item was DISCUSSED AND MOTION(S) APPROVED. (From Council Finance and Administrative Services Committee)

2. AB2022-280

Ordinance amending Whatcom County Code Section 3.08.095, Small Works Roster Contract Award process, to update requirements for Bids and Proposals

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED.

Dana Brown-Davis, Clerk of the Council, clarified that there was a recommended amendment.

Kershner moved to amend the Ordinance to include a sunset (or a review) clause after two years. The motion was seconded by Elenbaas.

The motion to amend carried by the following vote:

Aye: 7 – Galloway, Kershner, Buchanan, Byrd, Donovan, Elenbaas, and Frazey

Nay: 0

Byrd’s motion that the Ordinance be ADOPTED AS AMENDED carried by

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 3.

Aye:

Nay: Absent:

AB2022-319

the following vote:

5 – Buchanan, Donovan, Frazey, Galloway, and Kershner 2 – Byrd, and Elenbaas

0

Enactment No: ORD 2022-046

Ordinance amending the 2022 Whatcom County Budget, request No. 8a, in the amount of $1,500,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED.

Elenbaas stated he does not support the Ordinance because it seems to be taking resource land out of production which will hurt our overall ability to support a resource-based economy and that would be timber harvest.

Chris Elder, Public Works Department, answered when the easement agreement will be completed, whether the actual purchase will come before the Council again or whether the $1.5 million budget item will be the final action item, and whether this is just phase one.

Kershner stated she would like to have the easement before they grant the approval.

Byrd’s motion that the Ordinance be ADOPTED carried by the following vote:

5 – Buchanan, Donovan, Frazey, Galloway, and Kershner 2 – Byrd, and Elenbaas

0

Enactment No: ORD 2022-047

Request authorization for the County Executive to enter into a contract between Whatcom County and Pyramid Communications for public communications for the Incarceration Prevention and Reduction Task Force in the amount of $88,800.00

Byrd stated this agenda item was withdrawn.

 4.

Aye:

Nay: Absent:

AB2022-317

 This agenda item was WITHDRAWN.

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

1. AB2022-281 Appointment to a vacancy on the Board of Equalization for an at-large alternate – Applicant(s): Thomas Goetzl and Jen Glyzinski

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 Buchanan moved and Galloway seconded to consider both candidates. Councilmembers confirmed there is just one position and appointed Jen

Glyzinski with six votes as follows:

Buchanan – Jen Glyzinski Byrd – Jen Glyzinski Donovan – Thomas Goetzl Elenbaas – Jen Glyzinski Frazey – Jen Glyzinski Galloway – Jen Glyzinski Kershner – Jen Glyzinski

This agenda item was APPOINTED.

Appointed Glyzinski with six votes

CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

  1. AB2022-332

Request confirmation of the County Executive’s reappointment of Marshall Gartenlaub and George Edward to the Northwest Senior Services Board

Byrd moved and Galloway seconded that the Executive Appointment be CONFIRMED. The motion carried by the following vote:

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

ITEMS ADDED BY REVISION

There were no agenda items added by revision.

INTRODUCTION ITEMS

  1. AB2021-424

Aye:

Galloway moved to introduce items one through seven. The motion was seconded by Buchanan (see votes on individual items below).

Ordinance adopting amendments to the Whatcom County Code Title 20, Zoning to allow and regulate Battery Energy Storage Systems

Galloway moved and Buchanan seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

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 Nay: Absent:

2. AB2022-320

Aye:

Nay: Absent:

3. AB2022-321

Aye:

Nay: Absent:

4. AB2022-326

Aye:

Nay: Absent:

5. AB2022-327

1 – Elenbaas 0

Enactment No: ORD 2022-048

Ordinance closing the Agate Heights/Estate Bay Lane Stormwater Improvements Fund 365

Galloway moved and Buchanan seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Enactment No: ORD 2022-049

Ordinance closing the Northshore Drive/Edgewater Lane Stormwater Improvements Fund 381

Galloway moved and Buchanan seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Enactment No: ORD 2022-050

Ordinance amending the project based budget for the North Lake Samish Road Bridge No. 107 Replacement Fund, request no. 1

Galloway moved and Buchanan seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Enactment No: ORD 2022-051

Ordinance amending the Shallow Shore Culvert Relocation Fund, request no. 1

Galloway moved and Buchanan seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

    Aye:

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 6.

Nay: Absent:

AB2022-329

Aye:

Nay: Absent:

AB2022-322

Aye:

Nay: Absent:

1 – Elenbaas 0

Enactment No: ORD 2022-052

Ordinance amending the 2022 Whatcom County Budget, request no. 9, in the amount of $15,838,261

Galloway moved and Buchanan seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Enactment No: ORD 2022-053

Resolution amending the Flood Control Zone District & Subzones 2022 budget, request no. 3, in the amount of $5,250,617 (Council acting as the Flood Control Zone District Board of Supervisors)

Galloway moved and Buchanan seconded that the Resolution (FCZDBS) be INTRODUCED. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Enactment No: RES 2022-031

 7.

 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

Donovan reported on the discussion in Committee of the Whole Executive Session.

Kershner moved and Buchanan seconded the following motion:

I hereby move to approve defense and indemnification of David Reynolds, named as a defendant in Fred A. Pulphus, Plaintiff v. Compass Health, a Washington Corporation, Whatcom County, Whatcom County Sheriff’s Office, Wendy Jones, and David Reynolds, Defendants, United States District Court Western District of Washington Case No. 2:21-cv-00930-TL-BAT Based on the following findings:

A. David Reynolds was acting in a matter in which the county had an interest;

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 B. David Reynolds was acting in the discharge of a duty imposed or authorized by law;

C. David Reynolds acted in good faith.

The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

Councilmembers gave committee reports and updates on the following topics:

· The upcoming Deming Log Show this weekend

· Council interacting and responding to Open Session public

comments

· Council “staying in their lane” and dealing with issues that are within

their control and purview

· The deadline for Councilmembers to submit comments regarding the

proposed Comprehensive Plan Resolution

· Continued work on developing a dig-once policy for broadband

· A Lake Whatcom Policy Group meeting last week and a

conversation around forestry

· Galloway’s attendance of one of two meetings hosted by the

Department of Ecology and Commerce concerning a low-carbon energy project siting improvement study and a second meeting coming up on June 16th.

· A Washington State Association of Counties (WSAC) timber training this week which Galloway will be attending

· A Whatcom Women in Timber Woods Tour on Friday, June 10th which Kershner will be attending

A motion from Committee of the Whole Executive Session was approved 7-0 (see notes above).

ADJOURN

The meeting adjourned at 10:41 p.m.

The County Council approved these minutes on June 21, 2022.

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 ATTEST:

______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Todd Donovan, Council Chair

 Whatcom County

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*************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, June 21, 2022 6 PM

Hybrid Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=899921&GUID=4CBB726E-B5B3-493C-BA5B-3C9368D8889B&Options=info|&Search= ]

HYBRID MEETING – ADJOURNS BY — (PARTICIPATE IN-PERSON, SEE REMOTE JOIN INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010)

COUNCILMEMBERS

Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final June 21, 2022

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,

Council Chair Todd Donovan called the meeting to order at 6:01 p.m. in a hybrid meeting.

 Kaylee Galloway, and Kathy Kershner Absent: None

FLAG SALUTE

ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

Satpal Sidhu, County Executive, stated he did not have a report.

MINUTES CONSENT

    1. MIN2022-038

Aye:

Nay: Absent:

2. MIN2022-039

Aye:

Nay: Absent:

3. MIN2022-040

Buchanan moved to accept the minutes consent items. The motion was seconded by Byrd (see votes on individual items below).

Committee of the Whole Executive Session for June 7, 2022

Buchanan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Committee of the Whole for June 7, 2022

Buchanan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Regular County Council for June 7, 2022

Buchanan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

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 4.

MIN2022-041

Special Council for June 14, 2022

Buchanan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

PUBLIC HEARINGS

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 1. AB2021-424

Council staff played a short instructional video about how to speak at the meeting.

Ordinance adopting amendments to the Whatcom County Code Title 20, Zoning to allow and regulate Battery Energy Storage Systems

Robby Eckroth, Planning and Development Services Department, briefed the Councilmembers.

Donovan opened the Public Hearing and the following people spoke:

· Name not stated

· Todd Lagestee

· Cynthia Sue Ripke-Kutsigoitz

Hearing no one else, Donovan closed the Public Hearing.

Buchanan moved and Galloway seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Donovan thanked staff for being responsive to Council concerns on this.

Ufuoma Ojumah, NextEra Energy, answered how long it takes the company to build out a project upon approval and before it is up and operating, how many people are working on the project during that period of time and on an ongoing basis, whether they have a project they are ready to start moving forward with, and how much power one of these will store.

Councilmembers discussed the motion.

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 2.

AB2022-346

Enactment No: ORD 2022-048

Request authorization for County Executive to enter into Interlocal Agreements with the cities of Bellingham, Everson, Lynden, Nooksack, and Sumas concerning planning, annexation and development within urban growth areas (each interlocal will be voted on seperately)

Matt Aamot, Planning and Development Services Department, briefed the Councilmembers.

Donovan opened the Public Hearing and the following people spoke:

· Todd Lagestee

· Cynthia Sue Ripke-Kutsigoitz

· Name not stated

Hearing no one else, Donovan closed the Public Hearing.

Donovan stated there will need to be a separate motion and vote for each Interlocal Agreement.

Aamot answered whether this is what would follow in the event of an Urban Growth Area (UGA) adjustment, whether these are not far off from what they had previously, whether Ferndale’s interlocal is not included because they have not approved it yet, whether the County is addressing the issue of the flooding of last November and whether this would be the place to mention that they are not going to continue to build in the floodplain, whether there are checks and balances that could come into play with the City of Bellingham Interlocal, and whether there is any way with these Interlocals to stipulate that the City of Bellingham will service the UGA.

Byrd moved to hold these until the final two (Ferndale and Blaine) Interlocals are completed and they can be done all at the same time. The motion was seconded by Buchanan.

Councilmembers and Aamot discussed whether the cities can do whatever they want if the existing interlocals expire before new ones are approved,

Buchanan’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

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 what is procedurally different between the cities in this agenda item and Ferndale and Blaine and what it would take to get a six month extension for these cities, what Byrd thinks they would gain by waiting for the other two cities, whether annexing could be done without the Council, whether there is any project that might take place in the next six months, what the soonest is for any annexation in the pipeline to take place, and whether there are protections in the interlocals that benefit the cities as well as ones that benefit the County.

Satpal Sidhu, County Executive, stated he has the same question about what the Council would gain by holding these interlocals.

Councilmembers and Sidhu discussed what might happen if the item is held and building in the UGA.

The motion to hold failed by the following vote:

Aye: 2 – Byrd and Elenbaas

Nay: 5 – Buchanan, Donovan, Frazey, Galloway, and Kershner

Councilmembers considered each Interlocal Agreement.

City of Bellingham

Galloway moved and Frazey seconded that the Interlocal be authorized.

Mark Personius, Planning and Development Services Department Director, and Aamot answered questions about Section four (“Processing Applications Prior to Annexation”), subsection B (“Rezones within the UGA”) of the Interlocal and whether there is anything in the Interlocal that would encourage the City to consider annexing these UGAs and taking over providing services to people who think they live in the city of Bellingham but actually do not.

The motion carried by the following vote:

Aye: 5 – Donovan, Frazey, Galloway, Kershner, and Buchanan Nay: 2 – Elenbaas and Byrd

City of Everson

Buchanan moved and Frazey seconded that the Interlocal be authorized.

The motion carried by the following vote:

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Minutes – Final June 21, 2022 Aye: 6 – Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 1 – Elenbaas

City of Lynden

Kershner moved and Buchanan seconded that the Interlocal be authorized.

The motion carried by the following vote:

Aye: 6 – Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan Nay: 1 – Elenbaas

City of Nooksack

Kershner moved and Galloway seconded that the Interlocal be authorized.

The motion carried by the following vote:

Aye: 6 – Galloway, Kershner, Buchanan, Byrd, Donovan, and Frazey Nay: 1 – Elenbaas

City of Sumas

Frazey moved and Galloway seconded that the Interlocal be authorized.

The motion carried by the following vote:

Aye: 6 – Kershner, Buchanan, Byrd, Donovan, Frazey, and Galloway Nay: 1 – Elenbaas

This agenda item was DISCUSSED AND MOTION(S) APPROVED.

Council staff played a short instructional video about how to speak at the meeting.

The following people spoke:

· Misty Flowers

· Cynthia Sue Ripke-Kutsigoitz

· Todd Lagestee

· Name not stated

· Name not stated

    OPEN SESSION

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 · Helga DeLiban

· Name not stated

· Patrick Alesse

· Nancy Bergman

· Lyle Sorenson

· Tammie Lagerwey

· Enoch Mann

· Robert Bystrom

· Cliff Langley

· Anyone Else

· Name not stated

· Name not stated

· Ken Domorod

· Natalie Chavez

· Sara Rose

· Richard Johnson

· Brendan Walter

Hearing no one else, Donovan closed the Open Session. Councilmembers took a brief recess.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

Byrd reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through fifteen (see clerk’s note below).

Elenbaas moved that the agenda items voted on separately in the Finance Committee be pulled and voted on separately.

Byrd said he could amend his motion to approve all Consent Agenda items (as the Committee voted) except for AB2022-340, AB2022-352, and AB2022-357.

Clerk’s note: Councilmembers discussed that two of the Consent Agenda items (AB2022-353 and AB2022-354) got inadvertently moved to the

Other Items header on the agenda. This changed the agenda item numbers of the agenda bills from what they were in Committee. For the sake of clarity, Councilmembers (and these minutes) will refer to Agenda Bill numbers as opposed to agenda item numbers. The agenda items were re-ordered in

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 1.

AB2022-333

these minutes to match that of the Finance Committee but AB2022-353 and AB2022-354 were discussed later under Other Items.

Elenbaas’ motion was seconded by Kershner.

Councilmembers voted on whether to consider AB2022-340, AB2022-352, and AB2022-357 separately and the motion carried by the following vote: Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

Byrd moved approval of the remaining Consent Agenda Items AB2022-333, AB2022-336, AB2022-338, AB2022-341, AB2022-345, AB2022-348, AB2022-349, AB2022-350, AB2022-351, and AB2022-361 (AB2022-353 and AB2022-354 were not included because they were out of order on the agenda and were discussed later below under Other Items). Councilmembers voted on the Consent Agenda items and the motion

carried seven to zero (see votes on individual items below).

See motions and votes on AB2022-340, AB2022-352, and AB2022-357 on each individual item below.

See motions and votes on AB2022-353 and AB2022-354 on each individual item below under Other Items.

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and City of Bellingham to provide funding to support the GRACE Program in the amount of $76,800 for a total amended agreement amount of $356,800

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

 2.

AB2022-336

Request authorization for the County Executive to enter into a grant amendment between Whatcom County and PeaceHealth to support the GRACE Program in the amount of $10,000 for a total amended grant amount of $120,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Aye: Absent: 0

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 3.

Aye:

Nay: Absent:

AB2022-338

Aye:

Nay: Absent:

AB2022-340

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract between Whatcom County and the Executive Office of President, Office of National Drug Control Policy (ONDCP) to be reimbursed for salaries and benefits for two employees in the Prosecutor’s Office in the amount of $188,727.00 for the FY 2023

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Opportunity Council to administer the Housing and Essential Needs Program, in the amount of $2,530,694

  This item was considered separately. See motion and vote on this item below.

5. AB2022-341

Aye:

Nay: Absent:

6. AB2022-345

Request authorization for the County Executive to enter into the sale of a septic easement for use of park property by Doug and Cathy Angell, in the amount of $15,477

Byrd reported for the Finance and Administrative Services Committee and moved that the Agreement be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Tetra Tech, Inc to evaluate and design the Semiahmoo Drive southern outfall, in the amount of $45,118 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Byrd 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:

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 7. AB2022-348

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Wilson Engineering, LLC to provide construction assistance services for the Fremont Street Stormwater Bypass project in the amount of $5,982 for a total amended contract amount of $45,982

Byrd 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 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 8. AB2022-349

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and the Washington State Department of Transportation for the Birch Bay Drive & Pedestrian Project; CRP 907001 in the amount of $1,445,087 (STP $1,250,000; Local $195,087) for a total amended contract amount of $7,108,543

Byrd 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 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 9. AB2022-350

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Department of Ecology to develop a Wiser Lake Cyanobacteria Management Plan, in the amount of $49,999.50 in Ecology funds with a $16,666.50 local match

Byrd 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 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 –

Nay: 0 Absent: 0

Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

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Council 10.

AB2022-351

Aye:

Nay: Absent:

AB2022-352

Minutes – Final June 21, 2022

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and YWCA Bellingham to support emergency shelter operations in the amount of $2,675 for a total amended contract amount of $45,675

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Catholic Community Services to support permanent supportive housing at Francis Place in the amount of $328,650 for a total amended contract amount of $1,119,155

   This item was considered separately. See motion and vote on this item below.

AB2022-353 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Whatcom County Fire Protection District No. 14 for fire protection services, in the amount of annual fees based on the current millage rate and the assessed value of improvements on the park properties within the district

This item was out of order on the agenda. See motion and vote on this item below under Other Items.

AB2022-354 Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and Washington State Parks and Recreation Commission for a recreational boating safety grant increase, in the amount of $2,500.00

This item was out of order on the agenda. See motion and vote on this item below under Other Items.

AB2022-357 Request authorization for the County Executive to enter into a contract between Whatcom County and Opportunity Council to support operations at the permanent supportive housing facility 22 North, in the amount of $242,648

This item was considered separately. See motion and vote on this item below.

   13. AB2022-361

Request authorization for the County Executive to enter into a contract between Whatcom County and MHNW 23 Evergreen Ridge LLC (Mercy Housing Northwest) to provide funding for the acquisition of the Evergreen Ridge Apartments for low-income housing in Whatcom County

Byrd reported for the Finance and Administrative Services Committee and

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 Aye:

Nay: Absent:

4. AB2022-340

Aye:

Nay: Absent:

11. AB2022-352

Aye:

Nay: Absent:

12. AB2022-357

moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Opportunity Council to administer the Housing and Essential Needs Program, in the amount of $2,530,694

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote:

6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner 1 – Byrd

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Catholic Community Services to support permanent supportive housing at Francis Place in the amount of $328,650 for a total amended contract amount of $1,119,155

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Opportunity Council to support operations at the permanent supportive housing facility 22 North, in the amount of $242,648

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED.

Elenbaas moved to hold this item until they have a chance to see the facility to better understand the needs of it moving forward. The motion was seconded by Byrd.

Councilmembers discussed how long it should be held and discussed the motion.

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 Tyler Schroeder, Executive’s Office, answered whether there would be any negative ramifications to postponing the authorization of this funding.

Councilmembers continued to discuss the item.

The motion to hold failed by the following vote: Aye: 3 – Kershner, Byrd, and Elenbaas

Nay: 4 – Frazey, Galloway, Buchanan, and Donovan

Councilmembers continued to discuss the motion to approve the item.

Satpal Sidhu, County Executive, stated he is torn on this as well and he would like to hear from Northwest Youth Services. The money is needed for the investment of the building but, at the same time, they want accountability and want to hear some progress.

Councilmembers and Sidhu discussed that the provider is using context for what is happening globally to make an excuse for how they operated the building, the problem with having only one big service provider for housing services, that this contract will be a band aid for now, what the impacts would be to downtown neighbors and businesses if the most vulnerable are back on the streets, what they are expecting to see in six months to feel confident that there has been change, the need to communicate with the Health Department that this model has not worked and they want to see permanent changes to the type of services that are provided and how they are provided, writing a letter of expectation along with the contract, whether they have seen any of the bills to remodel these units as people are moving out, and whether funding has come through for that.

Byrd’s motion that the Contract be AUTHORIZED carried by the following vote:

5 – Buchanan, Donovan, Frazey, Galloway, and Kershner

2 – Byrd, and Elenbaas Absent: 0

OTHER ITEMS

(From Council Finance and Administrative Services Committee)

1. AB2022-317 Request authorization for the County Executive to enter into a contract between Whatcom County and Pyramid Communications for public communications for the

Incarceration Prevention and Reduction Task Force in the amount of $88,800.00

Aye:

Nay:

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 Aye:

Nay: Absent:

2. AB2022-320

Aye:

Nay: Absent:

3. AB2022-321

Aye:

Nay: Absent:

4. AB2022-322

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote:

5 – Buchanan, Donovan, Frazey, Galloway, and Kershner

2 – Byrd, and Elenbaas

0

Ordinance closing the Agate Heights/Estate Bay Lane Stormwater Improvements Fund 365

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-049

Ordinance closing the Northshore Drive/Edgewater Lane Stormwater Improvements Fund 381

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-050

Resolution amending the Flood Control Zone District & Subzones 2022 budget, request no. 3, in the amount of $5,250,617 (Council acting as the Flood Control Zone District Board of Supervisors)

Byrd reported for the Finance and Administrative Services Committee and moved that the Resolution (FCZDBS) be APPROVED.

Elenbaas stated this is not all of the solutions and all of the spending that they should be doing on this. This is action, however, that the Council is taking in a positive direction.

Byrd’s motion that the Resolution (FCZDBS) be APPROVED carried by the

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 Aye:

Nay: Absent:

5. AB2022-326

Aye:

Nay: Absent:

6. AB2022-327

Aye:

Nay: Absent:

7. AB2022-329

following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: RES 2022-031

Ordinance amending the project based budget for the North Lake Samish Road Bridge No. 107 Replacement Fund, request no. 1

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-051

Ordinance amending the Shallow Shore Culvert Relocation Fund, request no. 1

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-052

Ordinance amending the 2022 Whatcom County Budget, request no. 9, in the amount of $15,838,261

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED.

Elenbaas discussed the motion.

Donovan stated that $10 million of this is Economic Development Investment (EDI) funds.

Byrd’s motion that the Ordinance be ADOPTED carried by the following vote:

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 Aye:

Nay: Absent:

8. AB2022-344

Aye:

Nay: Absent:

9. AB2022-353

Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner Byrd

  Aye:

Nay: Absent:

10. AB2022-354

Request authorization for the County Executive to enter into an interlocal agreement with the Washington State Department of Fish & Wildlife for cooperative management of various park properties at Pine & Cedar Lakes, Tennant Lake, and Hovander Homestead Park

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Whatcom County Fire Protection District No. 14 for fire protection services, in the amount of annual fees based on the current millage rate and the assessed value of improvements on the park properties within the district

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED.

Christ Thomsen, Parks and Recreation Department, answered whether there is any “not to exceed” number on this at all.

Byrd’s motion that the Interlocal be AUTHORIZED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and Washington State Parks and Recreation Commission for a recreational boating safety grant increase, in the amount of $2,500.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. The motion carried by the following vote:

6 –

1 –

0

Enactment No: ORD 2022-053

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 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

(No Committee Assignment)

11. AB2022-347

Request authorization for County Executive to sign amendments to existing Interlocal Agreements with the cities of Blaine and Ferndale concerning planning, annexation and development within urban growth areas to extend the duration of the Interlocal Agreements for six months

Byrd moved and Buchanan seconded that the Special Council Only Item be AUTHORIZED. The motion carried by the following vote:

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

 1. AB2022-342

Council appointment to a vacancy on the Business and Commerce Advisory Committee, Food Processing position, Applicant – Paul Burrill

Byrd moved and Galloway seconded that the Council Appointment be APPOINTED.

Councilmembers discussed the appointment.

Byrd’s motion that the Council Appointment be APPOINTED carried by the following vote:

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

  1. AB2022-359

Request confirmation of the County Executive’s appointment of Paul Burrill to the Food System Committee

Kershner moved and Byrd seconded that the Executive Appointment be CONFIRMED.

Satpal Sidhu, County Executive, answered whether there were not very many

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 applications or if the applicant was uniquely qualified for this since the applicant is also on the other committee voted on tonight.

Kershner’s motion that the Executive Appointment be CONFIRMED carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

1 – Elenbaas Absent: 0

ITEMS ADDED BY REVISION

There were no agenda items added by revision.

INTRODUCTION ITEMS

Frazey spoke about AB2022-365.

Frazey moved to add the diversity, equity, and inclusion language from version six of the EMS levy plan for Council consideration on July 17, 2022.

Donovan stated there is a substitute version of the Ordinance that was emailed to them earlier today.

Dana Brown-Davis, Clerk of the Council, asked Frazey if she meant to say July 12, 2022 and Frazey confirmed that she meant to say the 12th.

The motion was seconded by Galloway.

Tyler Schroeder, Executive’s Office, spoke about how the plan is different than the Ordinance. The 2023-2028 levy plan accompanies the Ordinance. He stated they could update the levy plan in the next two weeks and have that on the agenda for consideration on July 12, 2022.

Galloway stated they might consider incorporating the proposed language into the Ordinance for the levy as well.

Councilmembers discussed whether Frazey is looking for different language than what is already included (on the third page of the plan on file under “Executive Summary”), whether it was the Emergency Medical Services (EMS) Committee that was working on the plan, whether they can support it without having the language in front of them, how the levy plan is connected to the Ordinance, and whether they need a motion to introduce the Introduction items before they can make a motion to amend them.

Aye:

Nay:

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 Kershner moved to introduce Introduction items one through three. The motion was seconded by Galloway.

Councilmembers discussed that this motion would introduce all the items, including AB2022-365.

Kershner amended her motion and moved to introduce Introduction item number one (AB2022-365). The motion was seconded by Galloway.

Frazey moved to amend AB2022-365 to add the diversity, equity, and inclusion language from version six of the EMS levy plan for Council consideration on July 12, 2022. The motion was seconded by Galloway.

Councilmembers discussed why the language was removed if the group that is presenting it and telling the Council what they need removed it, and seeing the language before approving it.

The motion to amend AB2022-365 carried by the following vote: Aye: 5 – Donovan, Frazey, Galloway, Buchanan, and Byrd

Nay: 2 – Elenbaas and Kershner

Kershner moved to amend AB2022-365 and change the amount to $.199 per $1000 assessed valuation rather than the $.295. The motion was seconded by Byrd.

Schroeder answered what the current amount is, whether it switches from needing a simple majority to sixty percent vote if the amount is raised, whether a sixty percent vote is needed if the amount is lowered, and why the current rate may be different than the levy rate. Every year as the valuations of properties go up the amount of the budget amount makes the percent valuation of the levy go down.

Byrd stated you are collecting the same amount of money, it is just the price of housing has gone up and so the percent goes down so that it stays the same amount that was approved by the ballot. What they are wanting to do is raise it back to the initial amount which would then raise the amount collected.

Councilmembers discussed whether the dollar amount they are talking about is larger that would require the twenty-nine and a half percent or is the rate going to be the nineteen point five, the size of the fund balance being far more than was ever anticipated, and getting assurance about whether

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 1.

AB2022-365

lowering the rate would keep it so that it would only require a simple majority vote.

Buchanan moved to hold until they can have a discussion on July 12 where we can have Mike back, and go through the plan, go through the levy, and explain some of these questions we have. The motion was seconded by Byrd.

Schroeder stated if Council decided to hold this, they would be introducing it on July 12th for an action at the last Council meeting before they have to submit it to the Auditor to get it onto the general ballot in November.

Brown-Davis answered a question about and Councilmembers discussed the timeline if they hold the item.

Karen Frakes, Prosecuting Attorney’s Office, answered whether they would have to re-introduce the Ordinance if they do introduce it as-is tonight and then wanted to make a change to it in two weeks.

The motion to hold failed by the following vote: Aye: 3 – Byrd, Elenbaas, and Kershner

Nay: 4 – Buchanan, Donovan, Frazey, and Galloway

Councilmembers discussed whether they would have to re-introduce the Ordinance if they introduce it with one rate and then amend it to another rate in two weeks.

The motion to amend carried by the following vote: Aye: 4 – Elenbaas, Frazey, Kershner, and Byrd Nay: 2 – Buchanan and Donovan

Abstain: 1 – Galloway

The motion to introduce AB2022-365 as amended carried by the following vote (also see this motion and vote on the individual item below):

Aye: 5 – Frazey, Galloway, Kershner, Buchanan, and Donovan

Nay: 2 – Byrd and Elenbaas

Kershner moved to introduce AB2022-337 and AB2022-343. The motion was seconded by Buchanan (see motion and votes on individual items below).

Ordinance providing for submission to the qualified voters of Whatcom County a proposition renewing the levy of a regular property tax at a rate of $.199 or less per $1000 assessed valuation (amended from original request of $.295) to continue to

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 2.

AB2022-337

Appointment to fill a vacancy on the Lummi Island Ferry Advisory Committee, Resident/Landowner position – Applicant(s): Mary Marshall, Bill Sager, Lee Mosley

Kershner moved and Buchanan seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:

3.

AB2022-343

Appointment to a vacancy on the Business and Commerce Advisory Committee, Marine Trades position – Applicant(s): Dana Wilson

Kershner moved and Buchanan seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:

provide emergency medical services

See discussion and motions on this item under the Introduction Header.

Kershner moved and Galloway seconded that the Ordinance be SUBSTITUTE INTRODUCED AS AMENDED. The motion carried by the following vote:

Aye: 5 – Buchanan, Donovan, Frazey, Galloway, and Kershner

Nay: 2 – Byrd, and Elenbaas Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

Councilmembers gave committee reports.

Kershner asked if the Council would like to schedule another meeting with Berk Consulting or whether they would just like to have another Council discussion.

Cathy Halka, Council Legislative Analyst, clarified that an additional workshop is not included in the original scope of work but there is approved funding available.

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 Galloway moved to discuss the Pandemic Response Review study at our next Public Works and Health meeting. The motion was seconded by Buchanan.

Councilmembers discussed that the Committee can schedule the discussion without a motion.

Galloway withdrew her motion.

Councilmembers discussed former Councilmember Browne’s comments to Berk Consulting and whether they should be forwarded on to Berk and Associates for further review and incorporation into the final report as approved in Committee.

Kershner moved to incorporate Mr. Browne’s comments into the public record and to forward to Berk and Associates for consideration.

Councilmembers discussed the motion and whether Berk should be directed by the Council.

The motion carried by the following vote:

Aye: 4 – Galloway, Kershner, Byrd, and Elenbaas Nay: 3 – Buchanan, Donovan, and Frazey

Councilmembers continued Committee reports and gave other updates including:

· A request for patience for large farm equipment on the roads because they are taking advantage of the good weather

· River recreation safety

· The Compressive Plan Resolution and whether Council would allow

a public hearing for it

Galloway moved to hold a public hearing on the forthcoming Comprehensive Plan priorities Resolution. The motion was seconded by Frazey.

Councilmembers discussed the motion.

Dana Brown-Davis, Clerk of the Council, suggested they hold off on this motion until there is more of a final product (Council gets to discuss the changes that are made to the Resolution) and maybe at that point decide if you are going to have a public hearing on it.

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 Galloway withdrew her motion.

Kershner wished everyone a happy Fourth of July and stated they will be taking a three-week break and will not have a meeting in two weeks on July 5th.

Motion approved 4-3 to incorporate Mr. Browne’s comments (from Public Works and Health Committee) into the public record and to forward to Berk and Associates for consideration.

ADJOURN

 The meeting adjourned at 10:26 p.m.

The County Council approved these minutes on July 12, 2022. ATTEST:

______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Todd Donovan, Council Chair

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Page 22

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*************************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, July 12, 2022 6 PM

Hybrid Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=899980&GUID=60CA519A-60F3-4D6D-B5C9-7BE1F5284EC0&Options=info|&Search= ]

HYBRID MEETING (PARTICIPATE IN-PERSON, SEE REMOTE JOIN INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010) – AGENDA REVISED 7.12.2022

COUNCILMEMBERS

Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final July 12, 2022

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,

Council Vice Chair Barry Buchanan called the meeting to order at 6:03 p.m. in a hybrid meeting.

 Kaylee Galloway, and Kathy Kershner Absent: None

FLAG SALUTE

ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

Satpal Sidhu, County Executive, introduced and announced the recent hiring of Kayla Schott-Bresler as the New Strategic Initiatives Manager.

MINUTES CONSENT

    1. MIN2022-042

Byrd moved to accept the minutes consent items. The motion was seconded by Frazey (see votes on individual items below).

Committee of the Whole for June 21, 2022

Byrd moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

 2. MIN2022-043

Regular County Council for June 21, 2022

Byrd moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

PUBLIC HEARINGS

1. AB2022-283 Resolution authorizing the transfer of Whatcom County surplus property

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 Council staff played a short instructional video about how to speak at the meeting.

Tyler Schroeder, Executive’s Office, briefed the Councilmembers and answered questions about the transfer process.

Buchanan opened the Public Hearing and the following people spoke:

· Lyle Sorenson

· Jerry Burns

· Todd Lagestee

· Hannah Ordos

· Cliff Langley

· Misty Flowers

· Melissa Wisener

· Karla Rae

Hearing no one else, Buchanan closed the Public Hearing.

Donovan moved and Frazey seconded that the Resolution Requiring a Public Hearing be APPROVED.

Tyler Schroeder, Executive’s Office, answered whether leasing the land back to the Opportunity Council (OC) was considered and whether the County routinely considers that when they are looking at disposing of surplus property, whether the Opportunity Council can turn around and sell the property down the road, whether this would be for senior housing, whether there are qualifications for who qualifies as a senior, whether $800,000 is what the County is not spending by going forward with the transaction, and whether that amount can be different from the appraised value because it is for the public good.

Councilmembers and Schroeder discussed the loss of faith in the Opportunity Council because of how they have handled the East Whatcom Regional Resource Center and the 22 North building, whether this is a $6 million project overall, whether the County should relinquish the asset, the recent House bill that the legislature passed that gave us the ability to surplus a piece of property like this if it will be used for affordable housing, and whether the County has done projects like this before since this is just a recent law.

Satpal Sidhu, County Executive, spoke about concerns that were brought up

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  Whatcom County

about the Opportunity Council not allowing the Council to tour a facility and stated they are valid but we should not mix these two issues.

Councilmembers and the speakers discussed the need in our county for childcare and affordable housing for seniors, the full cost of the project, the cost per unit and per childcare slot, whether we are giving the Opportunity Council $3.2 million in cash and now a $1.2 million property, whether the County put out a Request for Proposal (RFP) for the project, what the last project was that the County partnered with the OC to build, requests to the OC for 22 North financials and data on positive outcomes that have not been fulfilled, whether the County is just doing this to free up American Rescue Plan Act (ARPA) funds to use for another project, whether the County is unwilling to pursue other ways to fix the problems of childcare and housing that may not even cost money such as common sense land use policies, what the operational costs will be and how they will be paid for, and whether the OC would do this for the $1.2 million market rate.

Kershner moved to amend it to the market rate instead of $800,000. The motion was seconded by Byrd.

Byrd stated the Opportunity Council is getting the property for free and Kershner started to withdraw her motion but then stated her motion would stand if the Opportunity Council will reimburse the County for the $1.2 or the market rate.

Councilmembers, Schroeder, and Sidhu discussed the motion, whether the only way they can get the $800,000 ARPA funds is if they show a loss on the property, whether they could still sell the property for $1.2 and get the $800,000, how property taxes would work on this parcel into the future, whether we have time to table this to get these additional questions answered, whether it would tank the project and lose the $20,000,000 leverage from other sources if the OC learned they were going to be on the hook for $1.2 million, and the current value of the property after all the money that has been put into it.

Donovan moved to call the question.

The motion to call the question carried by the following vote:

Aye: 7 – Byrd, Donovan, Elenbaas, Frazey, Galloway, Kershner, and Buchanan

Nay: 0

Kershner restated her motion to ask the Administration to go back to the

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 OPEN SESSION

Opportunity Council and request market rate for this property.

The motion to amend failed by the following vote: Aye: 3 – Elenbaas, Kershner, and Byrd

Nay: 4 – Donovan, Frazey, Galloway, and Buchanan

Donovan’s motion that the Resolution Requiring a Public Hearing be APPROVED carried by the following vote:

4 – Buchanan, Donovan, Frazey, and Galloway

3 – Byrd, Elenbaas, and Kershner Absent: 0

Enactment No: RES 2022-032

Council staff played a short instructional video about how to speak at the meeting and the following people spoke:

· Markis Dee Stidham

· Cliff Langley

· Jerry Burns

· Todd Lagestee

· Misty Flowers

· Barbara Powers

· Klaus Klix

· Lyle Sorenson

· Mary Stidham

· Robert Bystrom

· Name not stated

· Hannah Ordos

· Natalie Chavez

· Karla Rae

· Skip Hamilton

· Melissa Wisener

· Doug “Yoshe” Revelle

· Richard Johnson

· Richard Tran

Hearing no one else, Buchanan closed the Open Session.

Aye:

Nay:

 CONSENT AGENDA

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Council Minutes – Final July 12, 2022 (From Council Finance and Administrative Services Committee)

 1. AB2022-362

Aye:

Nay: Absent:

2. AB2022-366

Byrd reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one and three through thirteen and to pull out item two.

Elenbaas requested to pull out Consent Agenda items nine and ten as well.

Councilmembers voted on Consent Agenda items one, three through eight, and eleven through thirteen (see votes on individual items below). Then they considered items one, nine and ten separately below.

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Domestic Violence and Sexual Assault Services to support shelter operations in the amount of $1,500 for a total amended contract amount of $41,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Youth Services to support the youth and young adult vocational program in the amount of $25,900 for a total amended contract amount of $51,800

  This item was considered separately. See motion and vote below after the other Consent Agenda Items.

3. AB2022-374

Aye:

Nay: Absent:

4. AB2022-376

Whatcom County

Request authorization for the County Executive to award bid #22-29 and enter into a contract between Whatcom County and Western Refinery Services, Inc. for the 2022 and 2023 Swift Creek Channel Excavation in the amount of $478,878.76

Byrd reported for the Finance and Administrative Services Committee and moved that the Bid Award be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to award Bid #22-36 and enter into a

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Minutes – Final July 12, 2022

 Aye:

Nay: Absent:

5. AB2022-386

contract between Whatcom County and Tiger Construction for the Maple Beach Seawall Repair in the amount of $79,500

Byrd reported for the Finance and Administrative Services Committee and moved that the Bid Award be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and North Sound Behavioral Health Administrative Services Organization to provide funding to support behavioral health services to Medicaid-insured invidivuals in Whatcom County in the amount of $484,460 for a total amended agreement amount of $2,333,280

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into Contract Amendment No. 2 between Whatcom County and Herrera Environmental Consultants, Inc. to perform engineering design services for the Truck Road Stabilization Project in the amount of $340,647.54 for a total amended contract amount of $559,088.81

Byrd 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:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request permission for the County Executive to award bid #22-41 and enter into a contract between Whatcom County and Granite Construction Company for the Hot Mix Asphalt Pre-Level at Various Locations, Work Order No. 21565, in the amount of $429,890.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Bid Award be AUTHORIZED BY CONSENT. The motion

 Aye:

Nay: Absent:

6. AB2022-389

Aye:

Nay: Absent:

7. AB2022-391

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8.

Aye:

Nay: Absent:

AB2022-392

Aye:

Nay: Absent:

AB2022-393

Minutes – Final July 12, 2022 carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to award bid #22-26 and enter into a contract between Whatcom County and Granite Construction Company for the Birch Bay Drive and Harborview Road Pavement Repair Project, CRP No. 922019, in the amount of $274,910

Byrd reported for the Finance and Administrative Services Committee and moved that the Bid Award be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to reduce an ARPA funded grant award to $200,000

  9.

 This item was considered separately. See motion and vote below after the other Consent Agenda Items.

10. AB2022-395 Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and the Washington State Department of

Health for the delivery and funding of various public health services in the amount of $819,759, for a total amended agreement amount of $6,779,654

This item was considered separately. See motion and vote below after the other Consent Agenda Items.

 11. AB2022-396

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Island County to support participation in planning and engagement in youth cannabis and tobacco prevention strategies and activities, in the amount of $25,000

Byrd 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 –

Nay: 0 Absent: 0

Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

 Whatcom County

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Council 12.

AB2022-397

Minutes – Final July 12, 2022

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and United General Public Hospital District 304 to support participation in coordinating and implementing regional youth leadership opportunities in the amount of $20,350 for a total amended contract amount of $172,634

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Reisner Distributor, Inc. to provide magnetic card lock fuel service for Whatcom County fleet vehicles at Pacific Pride fueling stations in the amount of $600,000.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

  13.

Aye:

Nay: Absent:

AB2022-399

Aye:

Nay: Absent:

 CONSENT AGENDA ITEMS CONSIDERED SEPARATELY

 2. AB2022-366

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Youth Services to support the youth and young adult vocational program in the amount of $25,900 for a total amended contract amount of $51,800

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be HELD IN COMMITTEE. The motion was seconded by Elenbaas.

The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract amendment

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 Aye:

Nay: Absent:

9. AB2022-393 Whatcom County

Council

Minutes – Final July 12, 2022

 10.

Aye:

Nay: Absent:

AB2022-395

between Whatcom County and Opportunity Council to reduce an ARPA funded grant award to $200,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED.

Councilmembers discussed the motion.

Byrd’s motion that the Contract be AUTHORIZED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and the Washington State Department of Health for the delivery and funding of various public health services in the amount of $819,759, for a total amended agreement amount of $6,779,654

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED.

Councilmembers discussed what the funding is for.

Byrd’s motion that the Interlocal be AUTHORIZED carried by the following vote:

5 – Buchanan, Byrd, Donovan, Frazey, and Galloway 2 – Elenbaas, and Kershner

0

and Administrative Services Committee)

Request authorization for the County Executive to enter into a Purchase and Sale agreement between Whatcom County and Opportunity Council for the transfer of property at 1000 N. Forest St. at no cost for public benefit purposes consistent with RCW 39.33.015

Byrd reported for the Finance and Administrative Services Committee and moved that the Agreement be AUTHORIZED. The motion carried by the following vote:

4 – Buchanan, Donovan, Frazey, and Galloway

 OTHER ITEMS (From Council Finance 1. AB2022-369

Aye:

Aye:

Nay: Absent:

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Council Minutes – Final July 12, 2022

 Nay: 3 – Byrd, Elenbaas, and Kershner Absent: 0

(From Council Committee of the Whole)

2. AB2022-365

Ordinance providing for submission to the qualified voters of Whatcom County a proposition renewing the levy of a regular property tax at a rate of $.199 or less per $1000 assessed valuation (amended from original request of $.295) to continue to provide emergency medical services

Buchanan reported for the Committee of the Whole and moved that the Ordinance be WITHDRAWN.

Elenbaas stated this is a responsible plan and probably has the best chance of passing. He would not like to withdraw this item.

Buchanan’s motion that the Ordinance be WITHDRAWN carried by the following vote:

 Aye: 5 – Buchanan, Byrd, Donovan, Frazey, and Galloway

Nay: 2 – Elenbaas, and Kershner Absent: 0

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

 1. AB2022-337

Appointment to fill a vacancy on the Lummi Island Ferry Advisory Committee, Resident/Landowner position – Applicant(s): Mary Marshall, Bill Sager, Lee Mosley

Frazey moved and Donovan seconded that they consider all the applicants. Councilmembers voted as follows:

Elenbaas – Mary Marshall Frazey – Mary Marshall Galloway – Mary Marshall Kershner – Mary Marshall Buchanan – Mary Marshall Byrd – Mary Marshall Donovan – Mary Marshall

Mary Marshall was APPOINTED.

 Mary Marshall was appointed with seven votes.

2. AB2022-343 Appointment to a vacancy on the Business and Commerce Advisory Committee, Marine Trades position – Applicant(s): Dana Wilson

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Council Minutes – Final July 12, 2022

 Byrd moved and Galloway seconded that the Council Appointment Requiring Introduction be APPOINTED by acclamation. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

CONFIRMATION OF EXECUTIVE APPOINTMENT

 1. AB2022-385

Request confirmation of the County Executive’s appointment of Bennett Knox as Director of Parks & Recreation effective 9/6/22 pursuant to Whatcom County Code Section 2.29.020

Donovan moved and Buchanan seconded that the Executive Appointment be CONFIRMED.

Tyler Schroeder, Executive’s Office, stated that Bennett may not be in the audience because of the time and the time zone difference in Louisville, Kentucky and he spoke about the applicant and other candidates for the position. He answered questions about the effective date of the Executive’s appointment (as noted in the item title), and whether future directors could present to the Council before being confirmed.

Byrd moved to hold this item until Mr. Bennett can join us for a Zoom conversation. The motion was seconded by Buchanan.

Satpal Sidhu, County Executive, stated they would follow this process for other director positions.

Donovan stated he would feel weird as the applicant for the legislative body to hold off on a contract that has been negotiated to hire them. He will abstain.

Councilmembers discussed the process for confirmation of Executive appointments that is outlined in the Whatcom County Charter and Whatcom County Code.

Councilmembers voted on the motion (see vote below).

Sidhu answered what the make-up of the interview committee was if there was one, and whether Councilmembers should be on the selection committee.

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Minutes – Final

July 12, 2022

 1. AB2022-387

Donovan moved to introduce items one through four. The motion was seconded by Byrd.

Dana Brown-Davis, Clerk of the Council, stated that AB2022-382 was added to introduction (as item number five).

Donovan started to change his motion and move to introduce items one through five but Buchanan asked if they wanted to discuss AB2022-382 separately.

Byrd moved to introduce items one through four. The motion was seconded by Donovan (withdrawing Donovan’s original motion).

Kershner requested to pull out Introduction item number one (AB2022-387) and to consider it separately.

Councilmembers voted on Introduction items two, three, and four (see votes on individual items below).

Ordinance amending the 2022 Whatcom County Budget, request no. 10, in the amount of $4,085,565

Aye:

Nay: Absent: Abstain:

Frazey thanked Human Resources for their efforts.

This item was HELD and REFERRED TO COMMITTEE. The motion carried by the following vote:

6 – Buchanan, Byrd, Elenbaas, Frazey, Galloway, and Kershner 0

0

1 – Donovan

ITEMS ADDED BY REVISION

There were no agenda items added by revision.

INTRODUCTION ITEMS

   Enactment No: ORD 2022-054

This item was considered separately. See motion and vote below.

2. AB2022-380 Ordinance granting Cascade Natural Gas Corporation a franchise for the transportation of natural gas in Whatcom County

Byrd moved and Donovan seconded that the Ordinance Requiring a Public

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Minutes – Final July 12, 2022

 Aye:

Nay: Absent:

3. AB2022-371

Aye:

Nay: Absent:

4. AB2022-388

Aye:

Nay: Absent:

5. AB2022-382

Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-056

Appointment to a vacancy on the Forestry Advisory Committee, Commercial Forest Landowner position – Applicant(s): Susan David

Byrd moved and Donovan seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Resolution amending the 2022 Flood Control Zone District & Subzones 2022 budget, request no. 4 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Byrd moved and Donovan seconded that the Resolution (FCZDBS) be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: RES 2022-034

Ordinance providing for submission to the qualified voters of Whatcom County a proposition renewing the levy of a regular property tax at a rate of $.295 or less per $1000 assessed valuation to continue to provide emergency medical services

   Enactment No: ORD 2022-055

This item was considered separately. See motion and vote below.

INTRODUCTION ITEMS CONSIDERED SEPARATELY

1. AB2022-387 Ordinance amending the 2022 Whatcom County Budget, request no. 10, in the

amount of $4,085,565

Donovan moved and Frazey seconded that the Ordinance be Introduced.

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 Kershner asked that the Health Department come to talk about the Ukrainian refugee program, how many people they are expecting, and where we are going to settle them when we have no housing for the people that are living in Whatcom County right now. She wants to pull that out of the supplemental and have it be considered separately.

Kershner moved to pull the Ukrainian refugee program out of the supplemental. The motion was seconded by Byrd.

Councilmembers discussed the motion and whether this ordinance can be introduced tonight without the one item.

Satpal Sidhu, County Executive, gave a background on the program. He answered whether the Council needs to move faster on the item to be pulled, and where the money is coming from. He stated they will have someone come to speak on the program and it can be introduced at the next meeting.

Kershner stated she made a mistake in thinking that this was part of the Health Department. It is non-departmental and out of the General Fund. It is a grant from the State.

The motion to remove the item from the Ordinance carried by the following vote:

Aye: 6 – Kershner, Buchanan, Byrd, Elenbaas, Frazey, and Galloway

Nay: 1 – Donovan

Donovan’s motion that the Ordinance be INTRODUCED AS AMENDED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Aye: Absent: 0

Enactment No: ORD 2022-054

Motion approved to pull the Ukrainian refugee program out of the supplemental.

5. AB2022-382

Ordinance providing for submission to the qualified voters of Whatcom County a proposition renewing the levy of a regular property tax at a rate of $.295 or less per $1000 assessed valuation to continue to provide emergency medical services

Donovan moved and Frazey seconded that the Ordinance be INTRODUCED.

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 Frazey asked whether they need to deal with the substitute levy plan separately.

Dana Brown-Davis, Clerk of the Council, stated the reference to the levy plan is in the Ordinance they are introducing so the Council should vote on that motion from Committee that amended the levy plan.

Donovan withdrew his motion.

Donovan moved to adopt the levy plan that was in our agenda packet as

“Substitute Levy Plan (Frazey) for July 12.”

The motion carried by the following vote:

Aye: 5 – Donovan, Elenbaas, Frazey, Galloway, and Buchanan Nay: 2 – Byrd and Kershner

Donovan moved and Galloway seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

4 – Buchanan, Donovan, Frazey, and Galloway

3 – Byrd, Elenbaas, and Kershner Absent: 0

Enactment No: ORD 2022-055

Motion approved to adopt the levy plan “Substitute Levy Plan (Frazey) for July 12.”

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

Buchanan reported on the Committee of the Whole Executive Session and moved to authorize the County Executive to move forward with and complete the acquisition of the property and to lease a portion of the property as long as the purchase price of the property does not exceed the amount discussed in Executive Session.

The motion was seconded by Frazey.

The motion carried by the following vote:

Aye: 6 – Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan Nay: 1 – Elenbaas

Councilmembers gave committee reports.

Kershner reported for the Public Works Committee and moved to inquire

Aye:

Nay:

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Minutes – Final July 12, 2022

 with Berk regarding broad data of the report and the basis for the recommendations, specifically as it applies to the Health Board make-up.

The motion carried by the following vote:

Aye: 7 – Galloway, Kershner, Buchanan, Byrd, Donovan, Elenbaas, and Frazey

Nay: 0

Kershner moved that the Council ask Berk and Associates to review the scope of work to ensure they have accomplished all of the tasks of helping Whatcom County be ready for the next emergency.

The motion carried by the following vote:

Aye: 7 – Kershner, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Councilmembers continued committee reports.

Elenbaas spoke about the inclusive language in the levy plan they just approved and whether it should also apply to religious beliefs or health choices.

Buchanan spoke about a meeting tomorrow (July 13, 2022) at 1 pm with Washington State Association of Counties (WSAC).

Motions from Committee Reports:

FROM COMMITTEE OF THE WHOLE EXECUTIVE SESSION

Motion approved 6-1, with Elenbaas opposed, to authorize the County Executive to move forward with and complete the acquisition of the property and to lease a portion of the property as long as the purchase price of the property does not exceed the amount discussed in Executive Session.

FROM PUBLIC WORKS COMMITTEE

Motion approved 7-0 to inquire with Berk regarding broad data of the report and the basis for the recommendations, specifically as it applies to the Health Board make-up.

Motion approved 7-0 that the Council ask Berk and Associates to review the scope of work to ensure they have accomplished all of the tasks of helping Whatcom County be ready for the next emergency.

ADJOURN

 The meeting adjourned at 9:05 p.m.

The County Council approved these minutes on July 26, 2022.

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Minutes – Final

July 12, 2022

 ATTEST:

______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Todd Donovan, Council Chair

 Whatcom County

Page 17

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**************************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, July 26, 2022 6 PM

Hybrid Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=899992&GUID=AEAECA18-F9CB-4F28-97CB-9E7E2CBCB602&Options=info|&Search= ]

HYBRID MEETING (PARTICIPATE IN-PERSON, SEE REMOTE JOIN INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010), AGENDA REVISED 7.25.2022

COUNCILMEMBERS

Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final July 26, 2022

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

Absent: FLAG SALUTE

6 – 1 –

Barry Buchanan, Todd Donovan, Ben Elenbaas, Carol Frazey, Kaylee Galloway, and Kathy Kershner

Tyler Byrd

Council Chair Todd Donovan called the meeting to order at 6:01 p.m. in a hybrid meeting.

  ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

  1. AB2022-385

Satpal Sidhu, County Executive, spoke about the following:

· A memo he sent on July 22 regarding the Emergency Medical Services (EMS) levy and how it highlights how the money will be spent. He stated there will be opportunities to implement system-wide efficiencies over the next six years and urged the Council to reinforce their roll, through the County Administration, as the EMS fund manager.

· A meeting last week with Canadian officials regarding the Nooksack flooding situation.

Request confirmation of the County Executive’s appointment of Bennett Knox as Director of Parks & Recreation effective 9/6/22 pursuant to Whatcom County Code Section 2.29.020

Executive Sidhu introduced Bennett Knox, Director of Parks and Recreation Appointee, and Knox addressed the Councilmembers.

Frazey moved and Galloway seconded that the Executive Appointment be CONFIRMED. The motion carried by the following vote:

 Aye: 6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

Absent: 1 – Byrd

MINUTES CONSENT

Kershner moved to accept the minutes consent items. The motion was seconded by Buchanan (see votes on individual items below).

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Council

1. MIN2022-044

Aye:

Nay: Absent:

2. MIN2022-045

Aye:

Nay: Absent:

3. MIN2022-046

Aye:

Nay: Absent:

OPEN SESSION

Minutes – Final

Committee of the Whole Executive Session for July 12, 2022

Kershner moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

1 – Byrd

Committee of the Whole for July 12, 2022

Kershner moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

1 – Byrd

Regular County Council for July 12, 2022

Kershner moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

1 – Byrd

The following people spoke:

· Todd Lagestee

· Mike Kaufman

· Rick Eggerth

· Ellyn Murphy

· Leea Heeringa

· Jim Hansen

· Rachel Barner

· Dwayne Molendyk

· Elisa Claassen

· Name not stated

· Tony Chunkapura

· John Marshall

July 26, 2022

      Whatcom County

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Minutes – Final

July 26, 2022

 · John Miller

· Richard Tran

· Name not stated

· Deb Luby

· Shari Lapoff

· Johnathan Cook

· Judy

· Glen Elenbaas

· Ron Groen

· Klaus Klix

· Todd Rawls

· Nancy Bergman

· Matt Bonham

· Misty Flowers

· Tammie Lagerwey

· Robert Bystrom

· Melissa Wisener

· Sherman Polinder

· Markis Dee

· Barbara Powers

· Hannah Ordos

· Natalie Chavez

· Name not stated

· Lyle Sorenson

· Alexander Harris

· Danielle Shaw

· Robert Zander

· Alexandra Williams

· Erinrose Becker

· Michele Cameron

· Wendy Harris

· Ashleigh Barnhart

· Cliff

· Laurie

· Sara Rose

· Fran

Hearing no one else, Donovan closed the Open Session. Clerk’s note: Councilmembers took a brief recess.

 Whatcom County

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Council Minutes – Final July 26, 2022

 CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

 1. AB2022-400

Aye:

Nay: Absent:

2. AB2022-401

Kershner reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through eight.

Elenbaas pointed out that item number eight is funding for the High Creek Sediment Removal Project and will remove accumulated sediment, so removing sediment from waterways is not unheard of. There is no county law, policy or Ordinance that would prevent us from removing sediment from any of our waterways.

Councilmembers voted on those items (see votes on individual items below).

Request authorization for the County Executive to enter into an interagency agreement between Whatcom County and Washington Administrative Office of the Courts for grant reimbursement of BECCA Programs and Services, in the amount of $253,918

Kershner reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

1 – Byrd

Request authorization for the County Executive to enter into an agreement between Whatcom County and WA Department of Ecology to sponsor a Washington Conservation Corps crew for the October 2022 to September 2023 term, in the amount of $163,360.00 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Kershner 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:

6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

1 – Byrd

Request authorization for the County Executive to enter into a Subrecipient Grant contract between Whatcom County and City of Bellingham What-Comm Communications Center for reimbursement of eligible E911 operational expenses in

  Aye:

Nay: Absent:

3. AB2022-403

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 4. AB2022-404

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington Association of Sheriffs and Police Chiefs for the Registered Sex Offender Address Verification Program, in the amount of $138,319.00

Kershner reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

5. AB2022-405

Request authorization for the County Executive to enter into a contract between Whatcom County and Tetra Tech, Inc, to provide a Birch Point Subwatershed Drainage Study, in the amount of $74,793 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Kershner 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:

the amount of $48,476

Kershner 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 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

Absent: 1 – Byrd

 Aye: 6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

Absent: 1 – Byrd

 6. AB2022-406

Aye: 6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

Absent: 1 – Byrd

  Whatcom County

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Military Department for FY2018 Operation Stonegarden (OPSG), in the amount of $31,826.55

Kershner 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 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner

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 7.

Nay: Absent:

AB2022-407

Aye:

Nay: Absent:

AB2022-413

Aye:

Nay: Absent:

0

1 – Byrd

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and City of Bellingham for FY2022 Edward Byrne Memorial Justice Assistance Grant Program, in the amount of $14,003.00

Kershner reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

1 – Byrd

Request authorization for the County Executive to award bid #22-23 and enter into a contract between Whatcom County and Williamson Construction,LLC, for the High Creek Sediment Removal Project in the amount of $61,902

Kershner reported for the Finance and Administrative Services Committee and moved that the Bid Award be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

1 – Byrd

Action and Natural Resources Committee)

Resolution supporting a transition to zero-emissions transportation Galloway reported for the Climate Action and Natural Resources

Committee and moved that the SUBSTITUTE Resolution be APPROVED.

Councilmembers discussed the motion and the amendment made in committee and Galloway clarified that the motion was for the Resolution as amended in committee.

Galloway’s motion that the SUBSTITUTE Resolution be APPROVED carried by the following vote:

 8.

 OTHER ITEMS (From Council Climate 1. AB2022-363

  Aye: Nay:

4 – 2 –

Buchanan, Donovan, Frazey, and Galloway Elenbaas, and Kershner

 Whatcom County

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Council Minutes – Final July 26, 2022 Absent: 1 – Byrd

Enactment No: RES 2022-033

(From Council Finance and Administrative Services Committee)

 2. AB2022-366

Aye:

Nay: Absent:

3. AB2022-387

Aye:

Nay: Absent:

4. AB2022-388

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Youth Services to support the youth and young adult vocational program in the amount of $25,900 for a total amended contract amount of $51,800

Kershner reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote:

6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

1 – Byrd

Ordinance amending the 2022 Whatcom County Budget, request no. 10, in the amount of $4,085,565

Kershner reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

1 – Byrd

Enactment No: ORD 2022-054

Resolution amending the 2022 Flood Control Zone District & Subzones 2022 budget, request no. 4 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Kershner reported for the Finance and Administrative Services Committee and moved that the Resolution (FCZDBS) be APPROVED.

Elenbaas noted for the record that these funds are going to the Truck Road Emergency Bank Stabilization, Floodplain Acquisition, Timon Levee Rehabilitation, Upper Hampton Levee Repair, Everson Overflow Pipeline Bank Stabilization, and Jones Creek Debris Flow Protection as listed in the Resolution.

Kershner’s motion that the Resolution (FCZDBS) be APPROVED carried by

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 the following vote:

Aye: 6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

Absent: 1 – Byrd

Enactment No: RES 2022-034

(From Council Committee of the Whole)

5. AB2022-382

Ordinance providing for submission to the qualified voters of Whatcom County a proposition renewing the levy of a regular property tax at a rate of $.295 or less per $1000 assessed valuation to continue to provide emergency medical services

Donovan reported for the Committee of the Whole and moved that the SUBSTITUTE Ordinance be ADOPTED.

Councilmembers discussed the motion.

Donovan’s motion that the SUBSTITUTE Ordinance be ADOPTED carried by the following vote:

 6. AB2022-422

Enactment No: ORD 2022-055

Resolution establishing priorities for Whatcom County’s 2025 Comprehensive Plan update

Donovan reported for the Committee of the Whole and moved that the Resolution be withdrawn from the agenda. The motion was seconded by Elenbaas.

Galloway stated she would like to honor a collaborative process which involves continuing to collect feedback from her colleagues and others in the community and stated her goal is to receive that feedback, maybe get a work session in before the August 9 meeting, and encourage action on the Resolution at the August 9th Council meeting.

Donovan’s motion that the Resolution be WITHDRAWN FROM THE AGENDA carried by the following vote:

Aye: 5-

Nay: 1- Absent: 1-

Buchanan, Donovan, Frazey, Galloway, and Kershner Elenbaas

Byrd

 Aye: 5 – Nay: 1 –

Buchanan, Donovan, Elenbaas, Galloway, and Kershner Frazey

 Whatcom County

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Enactment No: RES 2022-036

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

  1. AB2022-371

Appointment to a vacancy on the Forestry Advisory Committee, Commercial Forest Landowner position – Applicant(s): Susan David

Galloway moved and Buchanan seconded that the Council Appointment Requiring Introduction be APPOINTED. The motion carried by the following vote:

 Aye: 6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

Absent: 1 – Byrd

CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

  1. AB2022-402

Request confirmation of Executive Sidhu’s appointment of Matthew Santos to the Whatcom County Library System Board of Trustees

Frazey moved and Kershner seconded that the Executive Appointment be CONFIRMED. The motion carried by the following vote:

 2. AB2022-411

Request confirmation of Executive Sidhu’s reappointment of Brent Walker and Dunham Gooding to the Bellingham-Whatcom Public Facilities District board

Buchanan moved and Kershner seconded that the Executive Appointment be CONFIRMED. The motion carried by the following vote:

Aye: 6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

Absent: 1 – Byrd

 Aye: 6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

Absent: 1 – Byrd

SPECIAL COUNCIL APPOINTMENTS

1. AB2022-383 Appointment of members to serve on pro and con statement writing committees for a proposed ballot measure regarding the renewal of a regular levy for the funding of the

countywide Emergency Medical Services system.

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 2.

AB2022-384

Appointment of members to serve on pro and con statement writing committees for a proposed ballot measure proposing a levy above the regular property tax limitations for the purpose of funding childcare, early learning programs, and increased support for vulnerable children.

Buchanan moved and Frazey seconded that the Special Council Only Item be APPOINTED. The motion carried by the following vote:

Kershner moved to appoint all three applicants to their respective roles. The motion was seconded by Elenbaas.

The following people answered questions:

· Dana Brown-Davis, Clerk of the Council

· Karen Frakes, Prosecuting Attorney’s Office

They answered whether, if there are two people, they would work together on a joint statement and decide how to do that, whether there are concerns with appointing a late submission, and whether a Councilmember could volunteer to be on the pro-statement committee.

Kershner’s motion that all three be APPOINTED to their respective roles carried by the following vote:

Aye: 6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

Absent: 1 – Byrd

 Aye: 6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

Absent: 1 – Byrd

ITEMS ADDED BY REVISION

Revision summary:

AB2022-379 was withdrawn from Council Introduction. AB2022-427 was added to Council Introduction. AB2022-422 (in other items) had substitute paperwork.

INTRODUCTION ITEMS

Donovan stated item two (AB2022-379) was removed from the agenda and a new item four was added (AB2022-427), so there are three items for Introduction (AB2022-408, AB2022-417, and AB2022-427).

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 1.

AB2022-408

Aye:

Nay: Absent:

AB2022-379

Galloway stated they were planning on introducing parallel ordinances (a regular Ordinance on the agenda [AB2022-417] and an interim Ordinance [AB2022-425] to be added to the agenda) for the Ordinance amending Whatcom County Code Section 11.20.025, flotation devices on the South fork of the Nooksack River, to better protect ESA-listed Chinook salmon.

Galloway moved to introduce the following agenda items:

· AB2022-408 · AB2022-417 · AB2022-419 · AB2022-427

Dana Brown-Davis, Clerk of the Council, stated the temporary Ordinance is actually AB2022-425 instead of AB2022-419.

Galloway withdrew her motion and moved to introduce the following agenda items:

· AB2022-408 · AB2022-417 · AB2022-425 · AB2022-427

The motion was seconded by Donovan.

Councilmembers discussed the motion then voted on those items (see motion and votes on individual items below).

Ordinance amending the 2022 Whatcom County Budget, request no. 11, in the amount of $250,000

Galloway moved and Donovan seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

 2.

Enactment No: ORD 2022-057

Ordinance amending Whatcom County Code Title 3, requiring that public funds used

for construction projects also provide apprentices with job training hours to meet the

5 –

1 –

1 –

Buchanan, Donovan, Frazey, Galloway, and Kershner Elenbaas

Byrd

  Whatcom County

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 3. AB2022-417

Aye:

Nay: Absent:

4. AB2022-427

Aye:

Nay: Absent:

5. AB2022-425

Aye:

Nay: Absent:

requirements necessary to become the next generation of skilled trades persons – DBD: CHECK WITH JON BEFORE SCHEDULING FOR OCTOBER 10

This agenda item was WITHDRAWN.

Ordinance amending Whatcom County Code Section 11.20.025, flotation devices on the South fork of the Nooksack River, to better protect ESA-listed Chinook salmon

Galloway moved and Donovan seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

5- Buchanan, Donovan, Frazey, Galloway, and Kershner

1- Elenbaas

1- Byrd

Ordinance amending Ordinance 2020-079 to change the due date of the Phase III Report of the Child and Family Well-Being Task Force

Galloway moved and Donovan seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

5- Buchanan, Donovan, Frazey, Galloway, and Kershner 1- Elenbaas

1- Byrd

Enactment No: ORD 2022-058

Ordinance temporarily amending Whatcom County Code Section 11.20.025, flotation devices on the South fork of the Nooksack River, to better protect ESA-listed Chinook salmon

Galloway moved and Donovan seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

5- Buchanan, Donovan, Frazey, Galloway, and Kershner 1- Elenbaas

1- Byrd

   This item was added to Introduction after discussion in the Climate Action and Natural Resources Committee. See discussion on AB2022-419 in that committee.

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

Councilmembers gave committee reports.

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 ADJOURN

Satpal Sidhu, County Executive, spoke about the complexity of dredging the river.

Karen Frakes, Prosecuting Attorney’s Office, spoke about whether Galloway could be on the pro-con committee as discussed under AB2022-383 above.

Councilmembers gave other updates.

Dana Brown-Davis, Clerk of the Council, answered a question about changing the order of the Council agenda.

The meeting adjourned at 9:50 a.m.

The County Council approved these minutes on August 9, 2022. ATTEST:

 ______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Todd Donovan, Council Chair

 Whatcom County

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***********************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, August 9, 2022 6 PM

Hybrid Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=900005&GUID=00D47F6F-417E-4932-A403-E9814257D7DB&Options=info|&Search= ]

HYBRID MEETING (PARTICIPATE IN-PERSON, SEE REMOTE JOIN INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010) – AGENDA REVISED 8.8.2022

COUNCILMEMBERS

Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final August 9, 2022

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Ben Elenbaas, Carol Frazey, Kaylee Galloway, Kathy Kershner, Barry

Council Chair Todd Donovan called the meeting to order at 6 p.m. in a hybrid meeting.

 Buchanan, Tyler Byrd, and Todd Donovan Absent: None

FLAG SALUTE

ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

Satpal Sidhu, County Executive, reported on the following:

   MINUTES CONSENT

1. MIN2022-047

· A Whatcom County project to replace the Lummi Island ferry has been approved for a $10 million grant from the County Road Administration Board. This recommendation goes to the Legislature for the 2023 session for fund allocations in the next biennium budget.

· The Whatcom County grant application for the federal Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant of $25 million has been approved.

· A letter sent to the Council and the Executive by all the seven Whatcom County city mayors asking for immediate action and financial commitment from the County Council to start work on a public safety facility replacement project and pledging financial and other resources

 Buchanan moved to accept the minutes consent items. The motion was seconded by Byrd (see votes on individual items below).

Special Council for July 19, 2022

Buchanan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan Nay: 0

  Whatcom County

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 Absent:

2. MIN2022-048

Aye:

Nay: Absent:

3. MIN2022-049

Aye:

Nay: Absent:

4. MIN2022-050

Aye:

Nay: Absent:

0

Committee of the Whole for July 26, 2022

Buchanan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 0

0

Regular County Council for July 26, 2022

Buchanan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 0

0

Joint Health Board and PHAB for Aug 2, 2022

Buchanan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 0

0

   PUBLIC HEARINGS

 1. AB2022-380

Council staff played a short instructional video about how to speak at the meeting.

Ordinance granting Cascade Natural Gas Corporation a franchise for the transportation of natural gas in Whatcom County

Andrew Hester, Public Works Department, briefed the Councilmembers and stated he was available for questions.

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Byrd moved and Buchanan seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote:

7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

 Aye:

 Whatcom County

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 2.

AB2022-425

Enactment No: ORD 2022-056

Ordinance temporarily amending Whatcom County Code Section 11.20.025, flotation devices on the South fork of the Nooksack River, to better protect ESA-listed Chinook salmon

Dana Brown-Davis, Clerk of the Council, answered if there needs to be two separate public hearings for this and the next item since one is a version of the Ordinance that is interim and one is a version of the Ordinance that is permanent.

The following people presented:

· RoseMary LaClair, Nooksack Chairwoman

· Ned Currence, Nooksack Tribe

· GI James, Lummi Nation Council

They answered what is considered an encounter, whether they do any counts on the number of salmon at the mouth of the river and at different intervals up the river so they can see how far the fish are making it on average, whether there is any data at all then that shows how far up fish are making it and what percentage, what the primary concern is with floaters on the river, and whether this Resolution would fix the problem.

Treva Coe, Nooksack Tribe Natural & Cultural Resources Department, spoke about concerns about recreation on the river and the trampling of reds.

James and Currence answered when reds hatch in the South Fork, whether 2,500 fish died during or before the flood in November of 2021, whether there was an increase of salmon while a lot of tubing was still occurring, whether an Ordinance in 2005 (AB2005-173A or Ord 2005-089) only closed tubing up to Acme bridge, whether it is more the condition and temperature of the river than tubers that affect the salmon, and whether there are some other solutions that could be looked at to lower the temperature of the water or maybe make some deeper pools.

John Thompson, Public Works Department, spoke about the reason for the closure area in the 2005 Ordinance.

LaClair spoke about whether there is something they could do to lower the

Nay: 0 Absent: 0

  Whatcom County

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Minutes – Final August 9, 2022

 temperature of the river rather than banning tubing.

Elenbaas spoke about what other factors might be involved in the decline of salmon, what we need to do to get back to the harvest levels of 1985, and working together to determine what measures are effective.

Donovan opened the Public Hearing and the following people spoke:

· Lance Hanson

· Markis Dee

· Jeff Margolis

· Jessica Mucha

· Rob Merhaut

· Valerie Lloyd

· Cliff Langley

· Jim Sutterfield

· Misty Flowers

· Paul Shuey

· Hannah

· Dennis Rensink

· Natalie Chavez

· Name not stated

· Lyle Sorenson

· Name not heard

· Karla Rae

· Alexander Harris

· Wendy Harris

· Atul Deshmane

· Alexandra Williams

· Virginia Naef

· Fran

· Ian Smith

· Sara Rose

· Enoch Mann

Hearing no one else, Donovan closed the Public Hearing.

Galloway moved and Donovan seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

 Whatcom County

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 3.

AB2022-417

Ordinance amending Whatcom County Code Section 11.20.025, flotation devices on the South fork of the Nooksack River, to better protect ESA-listed Chinook salmon

Karen Frakes, Prosecuting Attorney’s Office, stated given what happened on the temporary Ordinance it is pretty clear what would happen on the permanent Ordinance and suggested they bring forward a motion to withdraw the Ordinance so that would negate the need to have a second public hearing.

Byrd moved and Kershner seconded that the Ordinance Requiring a Public Hearing be WITHDRAWN. The motion carried by the following vote:

OPEN SESSION

Councilmembers spoke about the Ordinance and the motion, keeping recreation opportunities for people and also doing everything they can to protect salmon, whether they should put up educational signage in key areas, whether education is better than a ban, a concern that there is no way to really enforce a ban, and getting more information on what netting the river entails.

Galloway’s motion that the Ordinance Requiring a Public Hearing be adopted FAILED by the following vote:

Aye: 3 – Galloway, Buchanan, and Donovan

Nay: 4 – Elenbaas, Frazey, Kershner, and Byrd Absent: 0

 Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0 Absent: 0

 Clerk’s note: Councilmembers took a short break. The following people spoke:

· Fallon

· Misty Flowers

· Cliff Langley

· Mary Kay Robinson

· Susan David

· Allison Trimble

· Markis Dee

· John Marshall

· Name not stated

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 · GI James

· Nancy Bergman

· Ben Brown

· Lyle Sorenson

· Richard Tran

· Barbara Powers

· Nick Leader

· Patrick Alesse

· Adam Bellingar

· Robert Bystrom

· Natalie Chavez

· Dee (last name inaudible)

· Pamela Carron

· Patty (Ashley Wines’ mother)

· Name not stated

· Perry Eskridge

· Karla Rae

· Wendy Harris

· Sara Rose

· Fran

Hearing no one else, Donovan closed the Open Session.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

 1. AB2022-370

Aye:

Byrd reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through four and six through twelve. He stated that Consent Agenda item number five (AB2022-424) would be considered separately (see item below under the Consent Agenda). Councilmembers voted on the Consent items (see votes on individual items below).

Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Department of Commerce for refugee stabilization services in the amount of $250,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

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 Nay: Absent:

2. AB2022-415

Aye:

Nay: Absent:

3. AB2022-418

Aye:

Nay: Absent:

4. AB2022-421

Aye:

Nay: Absent:

5. AB2022-424

1 – Elenbaas 0

Request authorization for the County Executive to enter into a residential lease agreement between Whatcom County and Jarek Olivetti and Roxanne Martin to reside at 677 North Lake Samish Road, for a monthly rent of $1,709

Byrd reported for the Finance and Administrative Services Committee and moved that the Agreement be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 1 – Elenbaas

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Point Roberts Park & Recreation District No. 1, for use of Lighthouse Marine Park to operate a kayak rental program

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 1 – Elenbaas

0

Request authorization for the County Executive to enter into an Interlocal Agreement between Whatcom County and Snohomish County for the use of up to 45 Snohomish County jail beds in the amount of $1,200,000.00

Byrd reported for the Finance and Administrative Services Committee and moved that the SUBSTITUTE Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 1 – Elenbaas

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to build a health, resource, and service navigation system that will provide timely connection of parents and children, pre-natal to five years, to a range of protective and supportive services, in the amount of $207,350 for a total amended contract amount of $285,147

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 This item was considered separately. See below under the Consent Agenda.

6. AB2022-433

Aye:

Nay: Absent:

7. AB2022-436

Aye:

Nay: Absent:

8. AB2022-438

Aye:

Nay: Absent:

9. AB2022-439

Request authorization for the County Executive to enter into a contract between Whatcom County and ESA to implement the Coastal and Riverine Compound Flood Vulnerability and Risk Assessment project, in the amount of $ 100,000.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 1 – Elenbaas

0

Request authorization for the County Executive to enter into an Interagency Agreement Amendment between Whatcom County and the Washington State Administrative Office of the Courts to increase reimbursements of Blake decision legal costs by $787,751 for a total amended amount of $2,578,372

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 1 – Elenbaas

0

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and the Washington State Department of Health for the delivery and funding of various public health services in the amount of $2,651,000, for a total amended agreement amount of $9,430,654

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 1 – Elenbaas

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Abatement and Decontamination Specialists to remediate the threat of public health hazards on properties with long-term solid waste violations, in the amount of $50,000

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 10. AB2022-445

Request authorization for the County Executive to enter into a contract between Whatcom County and Kulshan Community Land Trust to support acquisition of land for affordable housing, in the amount of $1,250,746.60

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Byrd 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 – Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 1 – Elenbaas Absent: 0

 11. AB2022-446

Request approval for the County Executive to award Bid #22-14 Rental Rates for Construction Equipment Without Operator to all bidders with the award for each vendor not to exceed $100,000.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Bid Award be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Aye: 6 – Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 1 – Elenbaas Absent: 0

 12. AB2022-448

Request authorization for the County Executive to enter into an Interagency Agreement between Whatcom County and the Washington Administrative Office of the Courts for reimbursement of expenses relating to the Uniform Guardianship Act, in the amount of $58,428

Byrd 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 – Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 1 – Elenbaas Absent: 0

 Aye: 6 – Nay: 1 –

Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan Elenbaas

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Minutes – Final August 9, 2022

 Absent: 0

Consent Agenda Item Considered Separately

 5. AB2022-424

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to build a health, resource, and service navigation system that will provide timely connection of parents and children, pre-natal to five years, to a range of protective and supportive services, in the amount of $207,350 for a total amended contract amount of $285,147

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED.

Councilmembers discussed the motion.

Byrd’s motion that the Contract be AUTHORIZED carried by the following vote:

 Aye: 4 – Frazey, Galloway, Buchanan, and Donovan

Nay: 3 – Elenbaas, Kershner, and Byrd Absent: 0

OTHER ITEMS

(From Council Finance and Administrative Services Committee)

 1. AB2022-408

Aye:

Nay: Absent:

2. AB2022-423

Ordinance amending the 2022 Whatcom County Budget, request no. 11, in the amount of $250,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 0

0

Enactment No: ORD 2022-057

Request authorization for the County Executive to enter into a contract between Whatcom County and the United States Department of Interior, U.S. Geological Survey (USGS) to jointly fund continued stream gaging stations in the Nooksack River, in the amount of $ 98,502.00 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Byrd reported for the Finance and Administrative Services Committee and

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 Aye:

Nay: Absent:

3. AB2022-442

Aye:

Nay: Absent:

4. AB2022-447

Aye:

Nay: Absent:

5. AB2022-449

moved that the Contract (FCZDBS) be AUTHORIZED. The motion carried by the following vote:

7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 0

0

Resolution in the matter of the sale of surplus personal property and setting a date for public hearing, pursuant to WCC 1.10

Byrd reported for the Finance and Administrative Services Committee and moved that the Resolution be APPROVED. The motion carried by the following vote:

7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 0

0

Enactment No: RES 2022-035

Request authorization for the County Executive to enter into an Amendment of the Economic Development Investment Program Interlocal Grant Agreement between Whatcom County and Port of Bellingham for the Rural Broadband construction project

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote:

7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan 0

0

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 $282,239 for a total amended contract amount of $2,507,248

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED.

Councilmembers discussed the motion and the presentation given in committee today.

Byrd’s motion that the Contract be AUTHORIZED carried by the following vote:

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 6.

AB2022-450

Request authorization for the County Executive to enter into an Interlocal Grant Agreement between Whatcom County and Port of Bellingham for additional EDI funding to support the rural broadband project, in the amount of $2,000,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED.

Tyler Schroeder, Director of Administrative Services, answered what the balance of the Economic Development Investment (EDI) fund will be with the $2 million taken out.

Byrd’s motion that the Interlocal be AUTHORIZED carried by the following vote:

7. AB2022-427

Ordinance amending Ordinance 2020-079 to change the due date of the Phase III Report of the Child and Family Well-Being Task Force

Kershner reported for the Public Works and Health Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

Aye: 4 –

Nay: 3 – Absent: 0

Frazey, Galloway, Buchanan, and Donovan Elenbaas, Kershner, and Byrd

 Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0 Absent: 0

(From Council Public Works and Health Committee)

 Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0 Absent: 0

Enactment No: ORD 2022-058

(From Council Planning and Development Committee)

8. AB2022-440

Request for a Motion to grant the City of Bellingham notice to proceed in applying for a Major Project Permit for their Umbrella Mitigation Bank

Elenbaas moved the following:

The Whatcom County Council has reviewed the City of Bellingham’s

Umbrella Mitigation Bank Prospectus and finds it complete, technically

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 accurate, and consistent with the purpose and intent of Whatcom County Code (WCC) Chapter 16.16 (Critical Areas). Furthermore, the proposed bank involves no conversion of agricultural land to nonagricultural uses. We therefore grant the City of Bellingham notice to proceed in applying for a Major Project Permit for the project.

The motion was seconded by Byrd.

Analiese Burns, City of Bellingham Habitat and Restoration Manager, and Cliff Strong, Planning and Development Services Department, answered whether the City is primarily bearing the cost on this, how the public comment period worked and what the comments were, how people knew there was a public comment period, whether there will be further opportunity for public comment when the major project permit process starts, the major project permit process itself, whether this is a binding vote, and whether the City can hold them liable in the future in a court of law if they do not vote the same way next time.

Karen Frakes, Prosecuting Attorney’s Office, stated she did not want to offer a legal opinion at this time but could look into it for the Council.

The motion carried by the following vote:

Aye: 7 – Galloway, Kershner, Buchanan, Byrd, Donovan, Elenbaas, and Frazey

Nay: 0

This agenda item was DISCUSSED AND MOTION(S) APPROVED. (From Council Committee of the Whole)

9. AB2022-422

Resolution establishing priorities for Whatcom County’s 2025 Comprehensive Plan update

Donovan reported for the Committee of the Whole and stated another substitute (version 7) was emailed to the Councilmembers.

Galloway spoke about the changes in the substitute.

Elenbaas moved to approve the Resolution without Exhibit A. The motion was seconded by Kershner.

Councilmembers discussed the motion.

Karen Frakes, Prosecuting Attorney’s Office, answered whether the statement in the Resolution that says, “BE IT FURTHER RESOLVED, by

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 the Whatcom County Council that the attached Exhibit A be considered as possible implementation strategies and actions that could help accomplish the priorities listed in this resolution” makes it clear enough that Exhibit A is not binding.

The motion failed by the following vote:

Aye: 3 – Byrd, Elenbaas, and Kershner

Nay: 4 – Buchanan, Donovan, Frazey, and Galloway

Buchanan moved and Frazey seconded that the SUBSTITUTE Resolution be APPROVED. The motion carried by the following vote:

Aye: 5 – Frazey, Galloway, Kershner, Buchanan, and Donovan

Nay: 2 – Elenbaas, and Byrd Absent: 0

Enactment No: RES 2022-036

CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

  1. AB2022-437

Request confirmation of the County Executive’s appointment of Dennis Holloran to the Whatcom County Appeals Board

Byrd moved and Frazey seconded that the Executive Appointment be CONFIRMED. The motion carried by the following vote:

 Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0 Absent: 0

ITEMS ADDED BY REVISION

Introduction item AB2022-443 was added by revision. See below.

INTRODUCTION ITEMS

  1. AB2022-435

Buchanan moved to introduce items one through five (item five was added by agenda revision). The motion was seconded by Frazey (see votes on individual items below).

Ordinance amending the 2022 Whatcom County Budget, request no. 12, in the amount of $4,068,703

Buchanan moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

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 2. AB2022-451

Enactment No: ORD 2022-059

Ordinance amending Whatcom County Code Chapter 5.04, Ambulance Franchises, to address diversity, equity, and inclusion on the EMS Oversight Board and EMS Technical Advisory Committee and to define the process and elements of an EMS Levy Service Plan

Buchanan moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0 Absent: 0

 3. AB2022-431

Enactment No: ORD 2022-060

Resolution vacating an unnamed alley within the Plat of Lummi Park on Lummi Island

Buchanan moved and Frazey seconded that the Resolution Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0 Absent: 0

 4. AB2022-434

Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0 Absent: 0

Enactment No: RES 2022-037

Resolution amending the Flood Control Zone District & Subzones 2022 budget, request no. 5, in the amount of $78,598 (Council acting as the Flood Control Zone District Board of Supervisors)

Buchanan moved and Frazey seconded that the Resolution (FCZDBS) be INTRODUCED. The motion carried by the following vote:

Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0 Absent: 0

Enactment No: RES 2022-039

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AB2022-443

Minutes – Final August 9, 2022

Resolution authorizing the sale of personal property, pursuant to WCC 1.10

Buchanan moved and Frazey seconded that the Resolution Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

  7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan Nay: 0

Aye: Absent: 0

Enactment No: RES 2022-038

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

 ADJOURN

Councilmembers gave committee reports.

Elenbaas spoke about open session comments and requested that the Council accept the offer to get together with the Lummi Nation to talk about the river, salmon, and agriculture.

Councilmembers gave other updates and discussed the issues going on at 22 North and Galloway stated she would support an opportunity to do a work session in September to work on solutions.

Satpal Sidhu, County Executive, spoke about a recent meeting on the issue. He stated we are not giving Northwest Youth Services a pass but giving them a pathway. We have to find a solution.

The meeting adjourned at 10:55 p.m.

The County Council approved these minutes on September 13, 2022. ATTEST:

 ______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Todd Donovan, Council Chair

 Whatcom County

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Council Minutes – Final August 9, 2022

 SIGNED COPY ON FILE

 Whatcom County

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************************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, September 13, 2022 6 PM

Hybrid Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=900019&GUID=8E9218EE-D0F6-4500-976D-8A6977AB625E&Options=info|&Search= ]

HYBRID MEETING (PARTICIPATE IN-PERSON, SEE REMOTE JOIN INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010), AGENDA REVISED 9.12.2022

COUNCILMEMBERS

Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final September 13, 2022

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,

Council Vice Chair Barry Buchanan called the meeting to order at 6:01 in a hybrid meeting (Buchanan chaired the meeting because Donovan was in a remote location).

 Kaylee Galloway, and Kathy Kershner Absent: None

FLAG SALUTE

ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

Satpal Sidhu, County Executive, reported on the following:

· The County was successful in receiving the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant of $25 million for the Lummi Island Ferry as well as $10 million and approval from the County Road Administration Board (CRAB).

· Flood response. He stated they are working with the Canadians and have been invited to Abbotsford to meet with their team, and they have finalized the flow split design for north of the Everson bridge. The project should be completed before November. They are also waiting for Federal Emergency Management Agency (FEMA) maps to define the flood plain and floodway. There is also a proposal that they should plan for levies around the cities.

· The biennium budget process and Additional Service Requests (ASRs) from the departments.

· His upcoming trip to India.

He answered what the final sticker price is on the ferry and what amount they are trying to get to, whether the Council will see the ASRs before mid-October, and whether the total amount of $60 million is for just the ferry vessel or also for onshore expenses.

MINUTES CONSENT

Donovan moved to accept the minutes consent items. The motion was seconded by Byrd (see votes on individual items below).

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1. MIN2022-051

Aye:

Nay: Absent:

2. MIN2022-052

Aye:

Nay: Absent:

3. MIN2022-053

Aye:

Nay: Absent:

4. MIN2022-054

Aye:

Nay: Absent:

Minutes – Final September 13, 2022

Special Council for August 2, 2022

Donovan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Committee of the Whole Executive Session for August 9, 2022

Donovan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Committee of the Whole for August 9, 2022

Donovan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Regular County Council for August 9, 2022

Donovan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

     PUBLIC HEARINGS

 1. AB2022-431

Council staff played a short instructional video about how to speak at the meeting.

Resolution vacating an unnamed alley within the Plat of Lummi Park on Lummi Island

Buchanan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Byrd moved and Kershner seconded that the Resolution Requiring a Public

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Minutes – Final September 13, 2022 Hearing be APPROVED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 2.

AB2022-443

Enactment No: RES 2022-037

Resolution authorizing the sale of personal property, pursuant to WCC 1.10 Buchanan opened the Public Hearing and the following people spoke:

· Misty Flowers

Hearing no one else, Buchanan closed the Public Hearing.

Dana Brown-Davis, Clerk of the Council, answered the speaker’s question about whether the County is putting retired police dogs (as listed on Exhibit A) up for auction. This is releasing them from the County’s possession so they can be with the officers that they have lived with. They are not going up for auction.

Frazey moved and Donovan seconded that the Resolution Requiring a Public Hearing be APPROVED.

Kershner stated the Council already got a briefing from staff on this Resolution in August.

Frazey’s motion that the Resolution Requiring a Public Hearing be APPROVED carried by the following vote:

 OPEN SESSION

Enactment No: RES 2022-038

The following people spoke:

· Name not stated

· Todd Lagestee

· Tammi (last name not stated)

· Adam Lambe

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

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September 13, 2022

 · John DeVries

· Lyle Sorenson

· Natalie Chavez

· Pamela Carron

· Hannah Ordos

· Robert Bystrom

· Karla Rae

· Misty Flowers

· Cliff Langley

· Ken Domorod

· Enoch Mann

Hearing no one else, Buchanan closed the Open Session.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

 1. AB2022-455

Byrd reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through seven and nine through thirty (he stated that item number eight would be considered separately).

Kershner addressed public comments and spoke about the long list of financial items in the Consent Agenda. She stated that they discussed issues in committee.

Councilmembers voted on the Consent Agenda items (see votes on individual items below).

Request authorization for the County Executive to enter into the Allocation Agreement Governing the Allocation of Funds Paid by the Settling Opioid Distributors in Washington State and the Subdivision Settlement Participation Form in the Distributors Washington Settlement

Byrd reported for the Finance and Administrative Services Committee and moved that the Agreement be AUTHORIZED BY CONSENT. The motion carried by the following vote:

 Aye: 6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

Nay: 1 – Elenbaas Absent: 0

2. AB2022-456 Request authorization for the County Executive to enter into an interlocal agreement Whatcom County Page 4 Printed on 11/7/2022

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Minutes – Final September 13, 2022

 Aye:

Nay: Absent:

3. AB2022-458

Aye:

Nay: Absent:

4. AB2022-459

Aye:

Nay: Absent:

5. AB2022-460

between Whatcom County and the City of Everson for use of building space at Everson City Hall for senior programming, in the amount of $500

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into an Interagency Agreement between Whatcom County and the Washington Administrative Office of the Courts for reimbursement of expenses incurred relating to the Volunteer Guardian Ad Litem program, in the amount of $91,751

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Military Department for FY2021 Operation Stonegarden (OPSG), in the amount of $156,292.50

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into a Subrecipient Agreement between Whatcom County and City of Bellingham to provide for a pass-through grant for reimbursement of equipment costs to What-Comm Communications Center, in the amount of $126,251

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

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 Aye:

Nay: Absent:

6. AB2022-461

Aye:

Nay: Absent:

7. AB2022-462

6 – 1 – 0

Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner Elenbaas

  Aye:

Nay: Absent:

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Health Care Authority to establish an alternative response team to respond to 911 calls that do not require law enforcement, in the amount of $2,213,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into an Interlocal Agreement between the Whatcom County Flood Control Zone District and Public Utility District No. 1 of Whatcom County (PUD) to provide funding to complete a Regional Water Supply Plan, in the amount of $16,000.00 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Byrd 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:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

1 – Elenbaas

0

8. AB2022-463

This item was considered separately. See below under the Consent Agenda.

9. AB2022-464

Request authorization for the County Executive to enter into a two year grant contract between Whatcom County and Mt. Baker-Snoqualmie National Forest in the amount $57,442.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Request authorization for the County Executive to enter into a contract between Whatcom County and Michael Bobbink for hearing examiner services

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 Aye:

Nay: Absent:

10. AB2022-466

Aye:

Nay: Absent:

11. AB2022-470

Aye:

Nay: Absent:

12. AB2022-472

Aye:

Nay: Absent:

13. AB2022-475

Whatcom County

6 – 1 – 0

Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner Elenbaas

Request authorization for the County Executive to enter into a grant contract amendment between Whatcom County and Washington State Health Care Authority to expand the MOUD (Medication for Opioid Use Disorder) program in the Jail, in the amount of $180,291.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Children’s Home Society of Washington for additional support allocated to the Parent for Parent Program, in the total amended amount of $94,350.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Mercy Housing Northwest to provide funding for permanent supportive housing personnel at Trailview Apartments, in the amount of $209,250

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

1 – Elenbaas

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Crossroads Consulting to expand the term, scope and

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Minutes – Final September 13, 2022

 Aye:

Nay: Absent:

14. AB2022-476

Aye:

Nay: Absent:

15. AB2022-477

compensation of the agreement for a total of $150,950

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request approval for the County Executive to enter into a contract with S. S. Papadopulos & Associates, Inc. for the purpose of making refinements and improvements to the Whatcom County Groundwater Model in the amount of $286,016 (Council acting as the Flood Control Zone District Board of Supervisors)

Byrd 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:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request approval for the County Executive to enter into a contract amendment with Tetra Tech, Inc. to provide ongong technical consulting services for the preparation of Benefit Cost Analyses (BCA) and grant application submittals in the amount of $231,551 for a total amended contract amount of $271,271,551 (Council acting as

the Flood Control Zone District Board of Supervisors)

Byrd 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:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and the Office of Crime Victims Advocacy Community Services and Housing Division in the amount of $60,461.00 for the SFY 2023 Victim/Witness grant

Byrd 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:

Nay: Absent:

16. AB2022-478

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Minutes – Final September 13, 2022

 Aye:

Nay: Absent:

17. AB2022-479

6 – 1 – 0

Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner Elenbaas

 Aye:

Nay: Absent:

18. AB2022-480

Aye:

Nay: Absent:

19. AB2022-483

Aye:

Nay: Absent:

20. AB2022-484

Whatcom County

Request authorization for the County Executive to enter into a contract between Whatcom County and the United State Department of Interior, U.S. Geological Survey (USGS) to jointly fund continued stream gaging stations in the Nooksack River in the amount of $199,672.00 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Byrd 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:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into a Grant Program Agreement between the Whatcom County Flood Control Zone District and the State of Washington Department of Ecology in the amount of $ 500,00.00 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Byrd 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:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into a Collective Bargaining Agreement between Whatcom County and the Deputy Sheriff’s Guild for the period January 1, 2023 – December 31, 2025

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

1 – Elenbaas

0

Request authorization for the County Executive to enter into a contract amendment

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Council

Minutes – Final September 13, 2022

 Aye:

Nay: Absent:

21. AB2022-486

between Whatcom County and Herrera Environmental Consultants to provide continuing support of the Floodplain Integrated Planning Process (FLIP) in the amount of $606,500.00 for a total amended contract amount of $1,199,700.00 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Byrd 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:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into a contract amendment between Stryker Corporation and Whatcom County to increase the annual payment for purchase of Advanced Life Support Equipment for the Fifth Paramedic Unit including adding powerload lift equipment to the annual maintenance program in the amount of $121,545/year for the remaining 8 years of the agreement

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Coastal Geologic Services, Inc., for long-term monitoring of the Birch Bay Drive & Pedestrian Facility in the amount of $284,800

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lydia Place to provide emergency housing for families experiencing unsheltered homelessness in the amount of $107,000 for a total

amended contract amount of $707,074

 Aye:

Nay: Absent:

22. AB2022-488

Aye:

Nay: Absent:

23. AB2022-491

   Whatcom County

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Minutes – Final September 13, 2022

 24. AB2022-492

Request authorization for the County Executive to award a contract to Squalicum Mountain Ecological Restoration Inc., and enter into a contract for annual maintenance costs for plantings on the Birch Bay Drive and Pedestrian Facility in the amount of $64,617

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Byrd 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 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

Nay: 1 – Elenbaas Absent: 0

 25. AB2022-494

Request authorization for the County Executive to enter into an agreement between Whatcom County and Bellingham Food Bank for the provision of food purchases in the amount of $500,000

Byrd 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 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

Nay: 1 – Elenbaas Absent: 0

 26. AB2022-495

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and The Vida Agency for phase 2 of the communication efforts for the Justice Project in the amount of $146,984 for a total amount of $186,907

Byrd 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 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

Nay: 1 – Elenbaas Absent: 0

 Aye: 6 – Nay: 1 –

Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner Elenbaas

 Whatcom County

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Minutes – Final September 13, 2022

 Absent:

27. AB2022-496

Aye:

Nay: Absent:

28. AB2022-497

Aye:

Nay: Absent:

29. AB2022-498

Aye:

Nay: Absent:

30. AB2022-499

0

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and the Washington State Department of Health for the delivery and funding of various public health services in the amount of $309,314, for a total amended agreement amount of $8,377,968

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into an agreement with the US Department of Agriculture Natural Resource Conservation Service to secure matching funds for the Savage Agricultural Conservation Easement through the Conservation Easement Program

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into an agreement with the US Department of Agriculture Natural Resource Conservation Service in order to secure matching funds for the VanderWerff Agricultural Conservation Easement through the Conservation Easement Program

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request approval to sign agreement with USDA NRCS in order to secure matching funds for the Vander Veen Agricultural Conservation Easement through the Conservation Easement Program

     Whatcom County

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Minutes – Final September 13, 2022

 8.

Aye:

Nay: Absent:

AB2022-463

Aye:

Nay: Absent: Abstain:

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

1 – Elenbaas

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Michael Bobbink for hearing examiner services

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be HELD IN COMMITTEE (to request that Council staff go back to Michael Bobbink and propose a six percent increase in the first year and six percent in the second year). The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

1 – Galloway

and Administrative Services Committee)

Resolution amending the Flood Control Zone District & Subzones 2022 budget, request no. 5, in the amount of $78,598 (Council acting as the Flood Control Zone District Board of Supervisors)

Byrd reported for the Finance and Administrative Services Committee and moved that the Resolution (FCZDBS) be APPROVED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: RES 2022-039

Ordinance amending the 2022 Whatcom County Budget, request no. 12, in the amount of $4,068,703

Byrd reported for the Finance and Administrative Services Committee and

 OTHER ITEMS (From Council Finance 2. AB2022-434

Aye:

Nay: Absent:

1. AB2022-435

    Whatcom County

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Minutes – Final September 13, 2022

 moved that the Ordinance be ADOPTED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-059

(From Council Committee of the Whole)

3. AB2022-451

Ordinance amending Whatcom County Code Chapter 5.04, Ambulance Franchises, to address diversity, equity, and inclusion on the EMS Oversight Board and EMS Technical Advisory Committee and to define the process and elements of an EMS Levy Service Plan

Buchanan reported for the Committee of the Whole.

Frazey moved and Donovan seconded that the Ordinance be ADOPTED. The motion carried by the following vote:

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-060

CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

  1. AB2022-481

Request confirmation of the County Executive’s appointments of Adam Morrow, Tyler Buys and Gregory Burg to the Development Standards Technical Advisory Committee

Donovan moved and Byrd seconded that the Executive Appointment be CONFIRMED.

Elenbaas asked if any of the applicants were in attendance and whether they would like to address the Council but no one came forward.

Donovan’s motion that the Executive Appointment be CONFIRMED carried by the following vote:

 Aye: 7 –

Nay: 0 Absent: 0

Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

 Whatcom County

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Council Minutes – Final September 13, 2022 ITEMS ADDED BY REVISION

Agenda Revision Summary: AB2022-379 (Introduction item number four) was withdrawn from Introduction.

INTRODUCTION ITEMS

   1. AB2022-454

Aye:

Nay: Absent:

2. AB2022-485

Aye:

Nay: Absent:

3. AB2022-487

Donovan moved to introduce items one through three and five through seven. The motion was seconded by Byrd.

Councilmembers discussed with Dana Brown-Davis, Clerk of the Council, the changes made in the substitute version of item number five (AB2022-489).

Councilmembers voted on the Introduction items (see votes on individual items below).

Ordinance amending Whatcom County Code to restructure the Public Health Advisory Board

Donovan moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-064

Ordinance amending the Whatcom County Budget, request no. 13, in the amount of $2,081,283

Donovan moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-062

Ordinance amending the project based budget for the Courthouse Building Envelope Fund, request no. 4

Donovan moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

    Whatcom County

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Minutes – Final September 13, 2022

 Aye:

Nay: Absent:

4. AB2022-379

5. AB2022-489

Aye:

Nay: Absent:

6. AB2022-469

Aye:

Nay: Absent:

7. AB2022-493

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-063

Ordinance amending Whatcom County Code 3.72 (Construction Projects – Apprenticeship Requirements) to extend the timelines for implementation, rename the program to the Contractor Apprenticeship Program, and allow waivers at any time

This agenda item was WITHDRAWN.

Ordinance adopting various amendments to WCC Title 20, Zoning; Chapter 20.51 – Lake Whatcom Watershed Overlay District and Chapter 20.71 – Water Resource Protection Overlay District, and other references to the Department of Ecology Stormwater Manual

Donovan moved and Byrd seconded that the SUBSTITUTE Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-061

Appointment to fill a vacancy on the Climate Impact Advisory Committee, applicant(s): Fletcher Wilkinson, Tracy Petroske, Irena Lambrou, and Derek Gremban

Donovan moved and Byrd seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Resolution approving the Whatcom County Six-year Transportation Improvement Program for the years 2023-2028

Donovan moved and Byrd seconded that the Resolution Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

    Aye:

 Whatcom County

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Minutes – Final September 13, 2022

 Nay: 0 Absent: 0

Enactment No: RES 2022-040

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

Councilmembers gave committee reports.

Buchanan reported for the Committee of the Whole Executive Session

(regarding AB2022-473) and moved the following:

I hereby move to approve defense and indemnification of Breanna Brock, RN, BSN, named as defendants in Jerome Lenorda Powell, II, v. Whatcom County Jail, Breanna Brock, RN, BSN, and the City of Bellingham, United States District Court for Western District of Washington in Tacoma, Cause No. 2:22-cv-00728-JLRTLF.

Based on the following findings:

A. Breanna Brock was acting in a matter in which the county had an interest;

B. Breanna Brock was acting in the discharge of a duty imposed or authorized by law;

C. Breanna Brock acted in good faith.

The motion was seconded by Kershner.

The motion carried by the following vote:

Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0

Kershner reported for Committee of the Whole Executive Session and moved to authorize the County Executive, acting on behalf of the Whatcom County Flood Control Zone District, to move forward with and complete the acquisition of the property as long as the purchase price of the property does not exceed the amount discussed in Executive Session.

The motion was seconded by Buchanan.

The motion carried by the following vote:

Aye: 7 – Frazey, Galloway, Kershner, Buchanan, Byrd, Donovan, and Elenbaas

Nay: 0

  Whatcom County

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Minutes – Final September 13, 2022

 Councilmembers continued committee reports.

Kershner reported for Public Works and Health Committee and moved to accept the final report and forward it to the Executive’s Office and the Sheriff’s Office for consideration.

The motion carried by the following vote:

Aye: 7 – Galloway, Kershner, Buchanan, Byrd, Donovan, Elenbaas, and Frazey

Nay: 0

Councilmembers continued committee reports and gave other updates. Three motions were approved.

ADJOURN

 The meeting adjourned at 7:30 p..m.

The County Council approved these minutes on September 27, 2022. ATTEST:

______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Todd Donovan, Council Chair

 Whatcom County

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************************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, September 27, 2022 6 PM

Hybrid Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=900301&GUID=8D2351D5-2CF2-4505-BC77-3069FFDDF0CC&Options=info|&Search= ]

HYBRID MEETING (PARTICIPATE IN-PERSON, SEE REMOTE JOIN INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010)

COUNCILMEMBERS

Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final September 27, 2022

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,

Council Chair Todd Donovan called the meeting to order at 6:02 p.m. in a hybrid meeting.

 Kaylee Galloway, and Kathy Kershner Absent: None

FLAG SALUTE

ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

There was no Executive report.

MINUTES CONSENT

    1. MIN2022-055

Aye:

Nay: Absent:

2. MIN2022-056

Aye:

Nay: Absent:

3. MIN2022-057

Byrd moved to accept the minutes consent items. The motion was seconded by Buchanan (see votes on individual items below).

Committee of the Whole Executive Session for September 13, 2022

Byrd moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Committee of the Whole for September 13, 2022

Byrd moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Regular County Council for September 13, 2022

Byrd moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

    Whatcom County

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Council Minutes – Final September 27, 2022

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

PUBLIC HEARINGS

 1. AB2022-489

Council staff played a short instructional video about how to speak at the meeting.

Ordinance adopting various amendments to WCC Title 20, Zoning; Chapter 20.51 – Lake Whatcom Watershed Overlay District and Chapter 20.71 – Water Resource Protection Overlay District, and other references to the Department of Ecology Stormwater Manual

Cliff Strong, Planning and Development Services Department, spoke about “Exhibit A with Additional Proposed Amendments from PDS 9.27” (on file) and briefed the Councilmembers on the suggested change.

Donovan opened the Public Hearing and the following people spoke:

· Jim Hanson

· Michael Feerer

· Alexander Harris

· Wendy Harris

· Brel Froebe

Hearing no one else, Donovan closed the Public Hearing.

Frazey moved and Galloway seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Frazey moved to amend the Ordinance to retain the use of the word “impervious” where used in the Section 20.71.300 in Exhibit A. The motion was seconded by Elenbaas.

The motion to amend carried by the following vote:

Aye: 7 – Donovan, Elenbaas, Frazey, Galloway, Kershner, Buchanan, and Byrd

Nay: 0

Frazey’s motion that the Ordinance Requiring a Public Hearing be ADOPTED AS AMENDED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

 Aye:

 Whatcom County

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Minutes – Final September 27, 2022

 2.

AB2022-493

Enactment No: ORD 2022-061

Resolution approving the Whatcom County Six-year Transportation Improvement Program for the years 2023-2028

Jim Karcher, Public Works Department, briefed the Councilmembers on item B5, the North Lake Samish Road/Bridge No. 107 replacement project, and stated they received updated cost information from their structural consultant and they discovered that they missed showing some revenue that they received from the Samish Water District related to relocating their sanitary sewer line to the new bridge. Ultimately, they are going to be taking advantage of $8.3 million in Federal bridge replacement funds and will reflect these new revised numbers in the final Six-Year Transportation Improvement Program (TIP) Resolution (see “Revised Staff Hearing – After Hearing” on file).

Donovan opened the Public Hearing and the following people spoke: · Wendy Harris

Hearing no one else, Donovan closed the Public Hearing.

Kershner moved and Buchanan seconded that the Resolution Requiring a Public Hearing be APPROVED.

Councilmembers and staffed discussed the proposed changes and how to proceed with a motion and Dana Brown-Davis, Clerk of the Council, suggested they accept staff’s recommendations because they are not changing the order of the items.

Kershner moved and Buchanan seconded to accept Jim’s (staff) items presented tonight to be included in the Six-Year TIP.

The motion carried by the following vote:

Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0

Clerk’s note: Donovan began to speak about Open Session but then went back and took a vote on the main motion for this item.

Nay: 0 Absent: 0

  Whatcom County

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Council Minutes – Final September 27, 2022

 OPEN SESSION

Enactment No: RES 2022-040

The following people spoke:

· Cynthia Ripke-Kutsagoitz

· Michael (last name not audible)

· Meredith Hayes

· Vernon Damani Johnson

· Heather Powell

· Mike Kaufman

· Josh Fish

· Vesla Tonnessen

· Markis Dee

· Kevin Clark

· Name not given

· Mary Stidham

· Sherman Polinder

· Helga DeLiban

· Lindy McDonough

· Name not given

· Patty (last name not given)

· Robert Bystrom

· Natalie Chavez

· Hannah (last name not given)

· Klaus Klix

· Kai Clark

· Daniel Harm

· Doug Gustafson

· Carly Lloyd

· Devon Kaminski

· Brel Froebe

· Wil Henkel

Kershner’s motion that the Resolution Requiring a Public Hearing be APPROVED AS AMENDED carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

  Whatcom County

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Minutes – Final

September 27, 2022

 · Misty Flowers

· Sarah Gardam

· Sophie McMahon

· Susan (last name not given)

· Gail Adderly

· Wendy Harris

· Sara Rose

· Melissa Wisener

· Cliff (last name not given)

· Judith Akins

Hearing no one else, Donovan closed the Open Session. Clerk’s note: Councilmembers took a short break.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

Byrd reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items two through sixteen.

Councilmembers and staff discussed that Consent Agenda item number one was recommended with amendments and should be pulled from consent and considered separately.

Councilmembers voted on items two through sixteen (see votes on individual items below).

 1. AB2022-463

This item was considered separately. See below after the Consent Agenda.

Request authorization for the County Executive to enter into a contract between Whatcom County and Michael Bobbink for hearing examiner services

 2. AB2022-502

Request authorization for the County Executive to enter into an interlocal amendment between Whatcom County and the City of Ferndale to extend the term of the Jail Use Agreement until December 31, 2023

Byrd 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 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

  Whatcom County

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Minutes – Final September 27, 2022

 Absent:

3. AB2022-503

Aye:

Nay: Absent:

4. AB2022-504

Aye:

Nay: Absent:

5. AB2022-506

Aye:

Nay: Absent:

6. AB2022-509

0

Request authorization for the County Executive to enter into an interlocal amendment between Whatcom County and the City of Blaine to extend the term of the Jail Use Agreement until December 31, 2023

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal amendment between Whatcom County and the City of Lynden to extend the term of the Jail Use Agreement until December 31, 2023

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a grant agreement between Whatcom County and the Washington State Department of Ecology for the 2021-2023 Biennial Stormwater Capacity Grant in the amount of $50,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Port of Bellingham for construction costs associated with the Bellingham Shipping Terminal Clean Power/Telecom project in the amount of $1,125,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion

     Whatcom County

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Council

Minutes – Final September 27, 2022 carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Ferndale for the construction of an emergency water intertie in the amount of a $525,000 grant and a $325,000 loan

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Ferndale for the construction of a Booster Station on Church Road in the amount of $250,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whactom County and the City of Ferndale for the construction of a Metalworks Skatepark in the amount of $200,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Lynden for repair and construction of the City’s Community Center in the amount of $300,000

 7. AB2022-512

Aye:

Nay: Absent:

8. AB2022-513

Aye:

Nay: Absent:

9. AB2022-514

Aye:

Nay: Absent:

10. AB2022-515

Aye:

Nay: Absent:

     Whatcom County

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Minutes – Final September 27, 2022

 11. AB2022-516

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Lynden for the Grover Street Pavement improvement project in the amount of $500,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Byrd 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 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 12. AB2022-517

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Lynden for the construction of a trail connector project in the amount of $500,000

Byrd 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 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 13. AB2022-518

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Lynden for the construction of the South Park Street water and street improvement project in the amount of a $387,500 grant and a $562,500 loan

Byrd 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 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

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 Absent:

14. AB2022-523

Aye:

Nay: Absent:

15. AB2022-525

Aye:

Nay: Absent:

16. AB2022-530

Aye:

Nay: Absent:

0

Resolution approving the 2023 Lodging Tax allocations as recommended by the Lodging Tax Advisory Committee

Byrd reported for the Finance and Administrative Services Committee and moved that the Resolution be APPROVED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: RES 2022-041

Request approval for the County Executive to authorize purchase of 10 Stryker Power Load systems from vendor Stryker, in an amount not to exceed $265,594

Byrd reported for the Finance and Administrative Services Committee and moved that the Bid Award be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and BERK Consulting, Inc. for the COVID-19 Pandemic Response Review project in the amount of $2,288

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

   CONSENT AGENDA ITEM CONSIDERED SEPARATELY

1. AB2022-463 Request authorization for the County Executive to enter into a contract between

Whatcom County and Michael Bobbink for hearing examiner services

Byrd reported for the Finance and Administrative Services Committee and

moved that the Contract be AUTHORIZED.

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 Aye:

Nay: Absent: Abstain:

OTHER ITEMS (From Council Finance

1. AB2022-485

Aye:

Nay: Absent:

2. AB2022-487

4 – 2 – 0 1 –

Buchanan, Donovan, Frazey, and Kershner Byrd, and Elenbaas

Galloway

Byrd moved to amend the contract to remove the word “rare” (from the last bullet point on Exhibit A).

The motion to amend carried by the following vote:

Aye: 6 – Kershner, Buchanan, Byrd, Donovan, Elenbaas, and Frazey Nay: 0

Abstain: 1 – Galloway

Byrd reported for the Committee and moved to extend the contract for two years with a six percent increase in year one and an additional six percent in year two.

The motion carried by the following vote:

Aye: 4 – Kershner, Buchanan, Donovan, and Frazey Nay: 2 – Byrd and Elenbaas

Abstain: 1 – Galloway

Byrd’s motion that the Contract be AUTHORIZED AS AMENDED carried by the following vote:

 and Administrative Services Committee)

Ordinance amending the Whatcom County Budget, request no. 13, in the amount of $2,081,283

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-062

Ordinance amending the project based budget for the Courthouse Building Envelope Fund, request no. 4

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 Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2022-063

(From Council Committee of the Whole)

3. AB2022-454

Ordinance amending Whatcom County Code to restructure the Public Health Advisory Board

Donovan reported for the Committee of the Whole and moved that the SUBSTITUTE Ordinance be ADOPTED. The motion carried by the following vote:

 Aye: 5 – Buchanan, Donovan, Frazey, Galloway, and Kershner

Nay: 2 – Byrd, and Elenbaas Absent: 0

Enactment No: ORD 2022-064

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

 1. AB2022-469

Appointment to fill a vacancy on the Climate Impact Advisory Committee, applicant(s): Fletcher Wilkinson, Tracy Petroske, Irena Lambrou, and Derek Gremban

Elenbaas stated he would like to nominate Derek Gremban.

Councilmembers and staff discussed whether they can accept a nomination if they do not have an application.

Elenbaas moved to hold this item for two weeks and reopen applications. The motion was seconded by Kershner.

Dana Brown-Davis, Clerk of the Council, asked if he could amend the motion to say as soon as possible instead of two weeks and Elenbaas agreed.

Elenbaas’s motion that the Council Appointment Requiring Introduction be HELD IN COUNCIL carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

 Aye:

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September 27, 2022

 Nay: 0 Absent: 0

(Motion approved to hold and reopen applications )

ITEMS ADDED BY REVISION

There were no agenda items added by revision.

INTRODUCTION ITEMS

  1. AB2022-521

Buchanan stated he would like to vote on Introduction item number one separately.

Buchanan moved to introduce items two through three. The motion was seconded by Frazey (see votes on individual items below).

Ordinance adding a new Chapter 2.107 to the Whatcom County Code to create a Whatcom Racial Equity Commission

 Enactment No: ORD 2022-065 This item was considered separately. See below.

2. AB2022-529

Ordinance approving a system of rates and charges for the Whatcom Conservation District

Buchanan moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

 3. AB2022-510

Enactment No: ORD 2022-066

Ordinance authorizing acquisition of certain property rights by eminent domain for the County’s E. Smith Road and Hannegan Road Intersection Improvements Project

Buchanan moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

Nay: 1 – Elenbaas Absent: 0

 Aye: 6 – Nay: 1 –

Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner Elenbaas

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 Absent: 0

INTRODUCTION ITEMS CONSIDERED SEPARATELY

 1. AB2022-521

Ordinance adding a new Chapter 2.107 to the Whatcom County Code to create a Whatcom Racial Equity Commission

Buchanan referred to proposed language that Council received from Christopher Quinn, Prosecuting Attorney’s Office, today via email to replace the first paragraph of Section 2.107.070 as follows:

“An Appointment Committee consisting of one staff representative for Whatcom County appointed by the County Executive, one staff representative for the City of Bellingham appointed by the Mayor of Bellingham, and four community representatives recommended by the County Executive and approved by the County Council shall be established to 1) review applications for appointed Commission positions 2) evaluate applicant’s eligibility for appointment, and 3) provide written recommendations for Commission appointments to the County Executive and Mayor of Bellingham. Once established under this ordinance, the Commission Steering Committee shall replace the four community representative members on the Appointment Committee. On no less than an annual basis, the Appointment Committee shall assess Commission vacancies and perform its duties as provided herein.”

He stated he would like to change the word “approved” to “confirmed” so that it reads, “…recommended by the County Executive and confirmed by the County Council…”

Quinn stated they could use what the Council deems appropriate and he suggested that the Council also consider changing the word “replace” to “supersede” so that it reads “…the Commission Steering Committee shall supersede the four community representative members…”

Kershner made a point of order and asked if there was a motion on the floor to adopt the Ordinance and moved to introduce AB2022-521. The motion was seconded by Buchanan.

Buchanan moved to amend Exhibit A of the Ordinance to replace the first paragraph of Section 2.107.070 as follows (words are bolded just to reflect the discussion above):

“An Appointment Committee consisting of one staff representative for Whatcom County appointed by the County Executive, one staff

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 representative for the City of Bellingham appointed by the Mayor of Bellingham, and four community representatives recommended by the County Executive and confirmed by the County Council shall be established to 1) review applications for appointed Commission positions 2) evaluate applicant’s eligibility for appointment, and 3) provide written recommendations for Commission appointments to the County Executive and Mayor of Bellingham. Once established under this ordinance, the Commission Steering Committee shall supersede the four community representative members on the Appointment Committee. On no less than an annual basis, the Appointment Committee shall assess Commission vacancies and perform its duties as provided herein.”

The motion was seconded by Donovan.

The motion to amend carried by the following vote:

Aye: 7 – Donovan, Elenbaas, Frazey, Galloway, Kershner, Buchanan, and Byrd

Nay: 0

Galloway stated she would like to make a motion to hold a public hearing on this item but a motion was already on the floor.

Councilmembers voted 5-2 to introduce AB2022-521 as amended. See that motion and vote after further discussion below.

Galloway moved that they hold a public hearing for this Ordinance. The motion was seconded by Kershner.

Galloway amended her motion to add that they hold a public hearing for this Ordinance at the October 11 meeting.

The motion carried by the following vote:

Aye: 7 – Frazey, Galloway, Kershner, Buchanan, Byrd, Donovan, and Elenbaas

Nay: 0

Kershner’s motion that the Ordinance be INTRODUCED AS AMENDED carried by the following vote:

5 – Buchanan, Donovan, Frazey, Galloway, and Kershner

2 – Byrd, and Elenbaas Absent: 0

Enactment No: ORD 2022-065

Aye:

Nay:

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Council Minutes – Final September 27, 2022 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

Donovan reported for the Committee of the Whole Executive Session. Kershner read the following motion:

I hereby move to authorize Whatcom County Executive pro tempore to execute Expedited Settlement Agreement (No. 21317) between Whatcom County and the State of Washington, Department of Ecology.

The motion was seconded by Buchanan.

The motion carried by the following vote:

Aye: 6 – Galloway, Kershner, Buchanan, Byrd, Donovan, and Elenbaas Nay: 1 – Frazey

Councilmembers gave committee reports.

Elenbaas encouraged the Administration to use every tool in their toolbox when we are dealing with managing the river.

Galloway gave updates and asked whether Councilmembers had thoughts about possibly hosting a town hall regarding the budget.

Councilmembers discussed that idea.

Dana Brown-Davis, Clerk of the Council, and Tyler Schroeder, Director of Administrative Services, answered when the Council will get the Executive’s budget and the Additional Services Requests (ASRs).

Galloway stated she would like to get guidance from the Council on direction regarding broadband and Councilmembers discussed that.

Elenbaas moved to have a public hearing on AB2022-529 (Ordinance approving a system of rates and charges for the Whatcom County Conservation District), but a hearing was already scheduled.

Galloway spoke about a proposed letter from the Council to the Washington State Broadband Office and either holding off on discussing it until October 4th to see if they would like to sign on to a letter from the Port of Bellingham (Port) and the Public Utility District (PUD) or just discussing it tonight.

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 Donovan asked if they could float it past the Port and the City.

Schroeder stated the Administration would be happy to reach out to the Port and the PUD with the draft letter and discuss which type of letter they are anticipating to sign, and see if we can do some coordination effort between now and October 4th. If the Council wants, we can bring back a proposed letter of some sort for Council consideration.

The Councilmembers discussed with the Council Clerk what time to schedule a meeting on October 4th.

ACTION TAKEN: Motion from Committee of the Whole Executive Session approved.

ADJOURN

 The meeting adjourned at 9:23 p.m.

The County Council approved these minutes on October 11, 2022. ATTEST:

______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Todd Donovan, Council Chair

 Whatcom County

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************************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, October 11, 2022 6 PM

Hybrid Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=900330&GUID=CBD248A3-F2CF-4707-806F-0B4F0C2D04A4&Options=info|&Search= ]

HYBRID MEETING (PARTICIPATE IN-PERSON, SEE REMOTE JOIN INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010)

COUNCILMEMBERS

Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final October 11, 2022

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,

Council Chair Todd Donovan called the meeting to order at 6:01 p.m. in a hybrid meeting.

 Kaylee Galloway, and Kathy Kershner Absent: None

FLAG SALUTE

ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

Satpal Sidhu, County Executive, stated he wanted to congratulate all the Whatcom Racial Equity Commission excitement here in the Chambers as well as all the work they have done over a year. He stated the Administration is putting the finishing touches on the biennium budget, and he wants to give Council plenty of time to review it and to send questions.

MINUTES CONSENT

    1. MIN2022-058

Buchanan moved to accept the minutes consent items. The motion was seconded by Frazey (see votes on individual items below).

Committee of the Whole Executive Session for September 27, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

 2. MIN2022-059

Committee of the Whole for September 27, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 –

Nay: 0 Absent: 0

Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

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3. MIN2022-060

Aye:

Nay: Absent:

4. MIN2022-061

Aye:

Nay: Absent:

5. MIN2022-062

Aye:

Nay: Absent:

Minutes – Final October 11, 2022

Regular County Council for September 27, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Joint Health Board and PHAB for October 4, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Special Council for October 4, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

    PUBLIC HEARINGS

 1. AB2022-510

Ordinance authorizing acquisition of certain property rights by eminent domain for the County’s E. Smith Road and Hannegan Road Intersection Improvements Project

Jim Karcher, Public Works Department, stated he was available for questions.

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Kershner moved and Frazey seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Karcher answered why they need to use eminent domain on this instead of purchasing the property outright from the owner, when the property owner (who had not responded to any contact by Public Works for seven months) reached out to the County and how many conversations they have had, which

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Minutes – Final October 11, 2022

 2.

AB2022-521

Ordinance adding a new Chapter 2.107 to the Whatcom County Code to create a Whatcom Racial Equity Commission

The following people presented (presentation on file):

· Heather Flaherty, Chuckanut Health Foundation Executive Director

· Shu-Ling Zhao, Chuckanut Health Foundation

Donovan opened the Public Hearing and the following people spoke:

property it is, how Public Works tried to contact the property owner, and whether anyone talked to the owner in person.

Jon Hutchings, Public Works Department Director, stated that condemnation proceedings have never, in the history of Public Works since he has been involved, been a conversation that they take lightly nor is it anything but the last resort to get attention of the property owners. He

spoke about what Public Works has done to contact and engage the property owner and past discussions with Council on a similar situation.

Byrd stated he would like to give the owner some more time to respond by a certain time.

Hutchings stated there is perhaps a conversation that needs to be had by the Council about how they would like to approach these kinds of construction projects from the standpoint of property acquisition and he addressed Byrd’s comments.

Councilmembers discussed the motion and discussed with staff whether it would make sense to have another executive session to discuss it further.

Buchanan moved to hold for two weeks. He would like to have a thorough discussion and a work session during the day in two weeks. The motion was seconded by Byrd.

Buchanan’s motion that the Ordinance Requiring a Public Hearing be HELD for two weeks carried by the following vote:

4 – Buchanan, Byrd, Elenbaas, and Galloway

3 – Donovan, Frazey, and Kershner Absent: 0

Aye:

Nay:

 · ·

Cynthia Ripke-Kutsagoitz Terrance Morris

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Minutes – Final

October 11, 2022

 · Hollie Huthman

· Eliana Steele

· Derivon Merritt

· Alan Friedlob

· Dean Merritt

· Vernon Johnson

· Name not stated

· Bodi Hallett

· Grandma Valerie

· Donnell Tanksley

· Seth Fleetwood

· Devyn Nixon

· Batool Abdi

· Cindy Wadkins

· John Korsmo

· Heather Brown

· Debbi Anderson-Frey

· Tessa Whitlock

· Ramona Garcia Slagle

· Josh Cerretti

· Aaron Ball

· Dan Records

· Aurora Ann Fox

· Cliff Langley

· Shean Halley

· Dam Pham

· Barbara Powers

· Alex Smith

· Lindy McDonough

· Name not stated

· Natalie Chavez

· Satpal Sidhu

· Kelley Bouma

· Misty Flowers

· Michele Cameron

· Monica Koller

· Vesla Tonnessen

· Paul Homer

· Sara Rose

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 · Stephen Gockley

· Richard Johnson

· Enoch Mann

Hearing no one else, Donovan closed the Public Hearing.

Kershner moved that they table the decision until December sixth. She would like the Council to contemplate what they have heard. The motion was seconded by Byrd.

The motion failed by the following vote:

Aye: 3 – Byrd, Elenbaas, and Kershner

Nay: 4 – Buchanan, Donovan, Frazey, and Galloway

Buchanan moved and Galloway seconded that the Ordinance be ADOPTED.

Zhao and Eric Richey, Whatcom County Prosecuting Attorney, gave closing comments.

Kershner moved to amend the Ordinance by asking that we return the Ordinance to the stakeholder workgroup and ask them to rework it and bring it back with a focus on equity for all. So basically, I am bringing back the motion to remove the racial component of this and make this a commission that will focus on equity for all. The motion was seconded by Byrd.

Kershner restated the motion to return the Ordinance to the stakeholder workgroup and ask them to remove the racial component and bring it back with a focus on equity for all.

Councilmembers discussed the motion.

The motion failed by the following vote:

Aye: 3 – Byrd, Elenbaas, and Kershner

Nay: 4 – Donovan, Frazey, Galloway, and Buchanan

Christopher Quinn, Prosecuting Attorney’s Office, answered whether there can be members under 18 years old serving on the commission and stated that may be an issue. He would have to look into that further.

Karen Frakes, Prosecuting Attorney’s Office, stated she will have to check the Whatcom County Charter and Whatcom County Code but she recalls something about needing to be a registered voter. She will check.

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 Zhao stated they considered the language about being a registered voter and stated someone can actually register to vote at age 16 though they cannot cast their first ballot until age 17 and a half. They intentionally considered that rule.

She and Flaherty answered more questions.

Elenbaas asked how many naysayers they had in the room when they came up with their group and the plan forward.

Kershner asked whether they have identified any policies, procedures, or practices that are promoting systemic racism in County government. She asked whether they know what they are going to work on or what is not working.

Galloway stated we are asking for formation of a commission to do the investigation and research on the questions asked tonight.

Elenbaas spoke about diversity and equity and inclusion having to do with more than just the color of your skin and he wants to get it right. He would feel much more comfortable about the Ordinance if it was an equity commission.

Frazey stated she is going to support this. Take the ideas from the community and find those problems and allow the commission to start working on that.

Kershner moved to amend Section 2.107.110 of Exhibit A of the Ordinance to remove lines six through eight on page eight as follows (to remove the 501(c) language):

As may be permissible under law, the Commission, including its staff and operations, may seek fiscal sponsorship by a 501(c)(3) nonprofit entity for the purpose of advancing its work. Additionally, and as may be permissible under law, the Commission may seek additional funds from public and private grant-offering bodies for purposes of advancing its functions.

The motion was seconded by Byrd.

Councilmembers discussed the motion.

Zhao and Quinn answered whether there are existing systems that lean on

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 this model, whether the ability to seek grants or support from a 501(c)(3) opens the commission up to being bias to whatever that 501(c)(3) or grant offering operation is doing, and whether grants would have to be approved by Council if an advisory board did seek 501(c)(3) funding or whether the group could receive those on their own.

Kershner withdrew her motion.

Councilmembers and Zhao discussed whether this should just be an equity

commission and whether the conversation has included all sides.

Kershner moved to have a sunset clause at five years to see if they want to review and renew the commission.

Councilmembers discussed whether it was a clause to review or renew.

Kershner re-stated the motion to amend the Ordinance to add language that would include a sunset clause at five years.

The motion was seconded by Elenbaas.

Satpal Sidhu, County Executive, stated five years is too soon and not a wise thing to do and he spoke about recent experiences of farmers.

Councilmembers discussed the motion, whether other boards or commissions have sunset clauses, and whether they should.

The motion failed by the following vote:

Aye: 3 – Elenbaas, Kershner, and Byrd

Nay: 4 – Frazey, Galloway, Buchanan, and Donovan

Galloway moved to call the question then withdrew her motion. Councilmembers discussed the main motion.

Buchanan’s motion that the Ordinance be ADOPTED carried by the following vote:

4 – Buchanan, Donovan, Frazey, and Galloway

3 – Byrd, Elenbaas, and Kershner Absent: 0

Enactment No: ORD 2022-065

Aye:

Nay:

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OPEN SESSION

Minutes – Final

Clerk’s note: Councilmembers took a short recess. The following people spoke:

· Kai Clark

· Sarah Bosch

· Barbara Powers

· Name not stated

· Natalie Chavez

· Name not stated

· Misty Flowers

· Sara Rose

· Rob Lewis

· Enoch Mann

· Lindy (last name not stated)

· Cliff (last name not stated)

Hearing no one else, Donovan closed the Open Session.

October 11, 2022

  CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

 1. AB2022-524

Aye:

Byrd reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through nine.

Donovan stated he is hoping the Administration can think of a different funding model (instead of a flat amount) next time for the senior activity centers.

Councilmembers voted on those items (see votes on individual items below).

Request authorization for the County Executive to enter into an agreement between Whatcom County and the Camp Horizon Foundation for use of the buildings at Bay Horizon Park to operate a residential camp serving disabled teens and adults

Byrd reported for the Finance and Administrative Services Committee and moved that the Agreement be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

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 Nay: Absent:

2. AB2022-528

Aye:

Nay: Absent:

3. AB2022-539

Aye:

Nay: Absent:

4. AB2022-540

Aye:

Nay: Absent:

5. AB2022-542

0 0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Blaine for staffing and operation of the Blaine Senior Activity Center, in the amount $127,460 over two years

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal amendment between Whatcom County and the City of Sumas to extend the term of the Jail Use Agreement until December 31, 2023

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Lynden for staffing and operation of the Lynden Senior Activity Center, in the amount $127,460 over two years

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an agreement between Whatcom County and the Whatcom Council on Aging for staffing and operation of the Bellingham Senior Activity Center, in the amount $127,460 over two years

Byrd reported for the Finance and Administrative Services Committee and

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 6. AB2022-543

Request authorization for the County Executive to enter into an agreement between Whatcom County and the Jet Oldsters Association of Ferndale for staffing and operation of the Ferndale Senior Activity Center, in the amount $127,460 over two years

Byrd reported for the Finance and Administrative Services Committee and moved that the Agreement be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7. AB2022-544

Request authorization for the County Executive to enter into an agreement between Whatcom County and the Jet Oldsters Association of Ferndale to provide custodial services and supervision when the Ferndale Senior Activity Center is reserved after program hours, in exchange for 75% of the revenue generated from the facility reservation

Byrd reported for the Finance and Administrative Services Committee and moved that the Agreement be AUTHORIZED BY CONSENT. The motion carried by the following vote:

moved that the Agreement be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 8. AB2022-557

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

  Whatcom County

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and The Master’s Touch, LLC to provide printing and mailing services for real and personal property revaluation notices and personal property renditions in the amount of $22,600 for a total amended contract amount of $67,800

Byrd 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 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

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Minutes – Final October 11, 2022

 9.

Nay: Absent:

AB2022-561

Aye:

Nay: Absent:

0 0

Request authorization for the County Executive to enter into a contract between Whatcom County and United Way of Whatcom County to coordinate Help Me Grow planning and implementation, in the amount of $59,400

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

 OTHER ITEMS

(No Committee Assignment)

 1. AB2022-534

Resolution establishing regular Whatcom County Council meeting dates for 2023

Kershner moved and Buchanan seconded that the Resolution be APPROVED.

Dana Brown-Davis, Clerk of the Council, answered a question about the schedule.

Kershner’s motion that the Resolution be APPROVED carried by the following vote:

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: RES 2022-042

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

 1. AB2022-465

Appointments to fill three vacancies on the Child and Family Well-Being Task Force, applicants: Barbie Jimenez, Tilda Doughty, Sarah Kidd, Monika Mahal, Katherine Orlowski, Christina Jackson, Allison Bishop, Abby Franklin, and Netta Darling

Kershner moved to nominate all applicants. The motion was seconded by Galloway.

Councilmembers voted as follows:

  Whatcom County

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 2.

AB2022-469

Buchanan: Christina Jackson, Allison Bishop, and Barbie Jimenez Byrd: Allison Bishop, Abby Franklin, and Netta Darling Donovan: Tilda Doughty, Monika Mahal, and Netta Darling Elenbaas: Sarah Kidd, Allison Bishop, and Netta Darling

Frazey: Netta Darling, Allison Bishop, and Monika Mahal Galloway: Tilda Doughty, Sarah Kidd, and Allison Bishop Kershner: Abby Franklin, Sarah Kidd, and Allison Bishop

This gave the nominees the following number of votes: Allison Bishop: 6

Netta Darling: 4

Sarah Kidd: 3

Tilda Doughty, Abby Franklin, and Monika Mahal: 2 Christina Jackson and Barbie Jimenez: 1

Kershner moved to move forward the nominees that got two or three votes (Sarah Kidd, Tilda Doughty, Abby Franklin, and Monika Mahal).

Councilmembers voted on those as follows:

Byrd: Abby Franklin Donovan: Tilda Doughty Elenbaas: Sarah Kidd Frazey: Monika Mahal Galloway: Sarah Kidd Kershner: Sarah Kidd Buchanan: Sarah Kidd

They appointed Allison Bishop, Netta Darling, and Sarah Kidd.

This agenda item was APPOINTED.

Appointment to fill a vacancy on the Climate Impact Advisory Committee, applicant(s): Fletcher Wilkinson, Tracy Petroske, Irena Lambrou, and Derek Gremban

Elenbaas moved to appoint Derek Gremban. The motion was seconded by Kershner.

Councilmembers discussed the motion.

The motion carried by the following vote:

Aye: 4 – Donovan, Elenbaas, Kershner, and Byrd Nay: 3 – Frazey, Galloway, and Buchanan

  Whatcom County

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3.

AB2022-546

Minutes – Final October 11, 2022 This agenda item was APPOINTED.

Appointments to vacancies on the Forestry Advisory Committee, harvester position and forest product manufacturer position, Applicants: Susan David and Quentin Dills

Kershner moved to appoint Susan David to the forest product manufacturer position. The motion was seconded by Buchanan.

The motion carried by the following vote:

Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0

Kershner moved that Quentin Dills transfer to the harvester position. The motion was seconded by Buchanan.

The motion carried by the following vote:

Aye: 7 – Frazey, Galloway, Kershner, Buchanan, Byrd, Donovan, and Elenbaas

Nay: 0

This agenda item was APPOINTED.

Appointments to fill up to 11 vacancies on the Public Health Advisory Board, applicants: Christopher Brown, Teri Bryant, Christine Espina, R. Michael Massanari, Emily O’Connor, Vesla Tonnessen

Buchanan moved to nominate the six applicants. The motion was seconded by Galloway.

Jill Nixon, Council Office Staff, spoke about whether and how the terms have to be chosen.

Kershner moved that Emily O’Connor is slotted for the partial term ending in 2024 which potentially gives her seven years, and that all other applicants will end in 2026. The motion was seconded by Byrd.

Councilmembers discussed the motion and Nixon answered questions about which term to fill.

Nixon answered whether any applicants have a particular position qualification and whether the person appointed to the partial term would have to fill the role of business and philanthropy.

The motion carried by the following vote:

Aye: 6 – Kershner, Buchanan, Byrd, Donovan, Frazey, and Galloway

  4.

AB2022-559

  Whatcom County

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Minutes – Final

October 11, 2022

 Nay: 1 – Elenbaas

This agenda item was APPOINTED.

ITEMS ADDED BY REVISION

There were no agenda items added by revision.

INTRODUCTION ITEMS

  1. AB2022-536

Frazey moved to introduce items one through six. The motion was seconded by Buchanan.

Kershner stated she would like to vote on item number one separately so Councilmembers voted on Introduction items two through six (see votes on individual items below).

Ordinance amending Whatcom County Code 2.21.030 to increase the per diem amount paid to Board of Equalization members

 Enactment No: ORD 2022-067 This item was considered separately. See below.

2. AB2022-554

Aye:

Nay: Absent:

3. AB2022-547

Aye:

Nay: Absent:

4. AB2022-556

Whatcom County

Ordinance amending the 2022 Whatcom County Budget, request no. 14, in the amount of $420,917

Frazey moved and Buchanan seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-068

Appointments to fill two vacancies on the Forestry Advisory Committee, commercial forestry landowner positions, Applicants: John Gold and David Janicki

Frazey moved and Buchanan seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Appointment to fill one vacancy on the Forestry Advisory Committee, citizen with

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Minutes – Final October 11, 2022

 5.

AB2022-555

Resolution approving the Whatcom County 2023 Annual Construction Program

Frazey moved and Buchanan seconded that the Resolution Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

forestry expertise, applicant(s): Charles Bagley Wright

Frazey moved and Buchanan seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 6.

AB2022-545

Enactment No: RES 2022-044

Resolution adopting the 2023-2028 Six-Year Water Resources Improvement Program (WRIP) by the Whatcom County Council (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Frazey moved and Buchanan seconded that the Resolution (FCZDBS) Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 1. AB2022-536

Ordinance amending Whatcom County Code 2.21.030 to increase the per diem amount paid to Board of Equalization members

Kershner moved to increase the per diem rate to $150 per day rather than the $125 per day. The motion was seconded by Byrd.

Councilmembers discussed the motion and Dana Brown-Davis, Clerk of the Council, answered whether this is under the Council budget and whether

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: RES 2022-043

INTRODUCTION ITEM CONSIDERED SEPARATELY

   Whatcom County

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Minutes – Final

October 11, 2022

 there is enough money.

The motion to amend the item carried by the following vote:

Aye: 7 – Byrd, Donovan, Elenbaas, Frazey, Galloway, Kershner, and Buchanan

Nay: 0

Kershner moved and Donovan seconded that the Ordinance be INTRODUCED AS AMENDED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Aye: Absent: 0

Enactment No: ORD 2022-067

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

Councilmembers gave committee reports.

Kershner reported for Committee of the Whole Executive Session and moved to authorize the County Executive, acting on behalf of the Whatcom County Flood Control Zone District, to move forward with and complete the acquisition of the property as long as the purchase price of the property does not exceed the amount discussed in Executive Session. The motion was seconded by Buchanan.

The motion carried by the following vote:

Aye: 7 – Donovan, Elenbaas, Frazey, Galloway, Kershner, Buchanan, and Byrd

Nay: 0

Dana Brown-Davis, Clerk of the Council, answered what the schedule is for the Ordinance approving a system of rates and charges for the Whatcom County Conservation District.

Galloway moved to designate Councilmember Kershner as an alternate for the Whatcom Council of Governments Executive and Transportation Policy Board particularly for the October 12th meeting and the rest of this year as needed. The motion was seconded by Frazey.

Dana Brown-Davis, Clerk of the Council, answered whether they could do this without going through the re-organization of the Council. She asked Galloway about how voting would work.

  Whatcom County

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Minutes – Final

October 11, 2022

 The motion carried by the following vote:

Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0

Councilmembers gave Councilmember updates. MOTIONS APPROVED UNDER THIS AGENDA ITEM:

From Committee of the Whole Executive Session:

Motion approved 7-0 to authorize the County Executive, acting on behalf of the Whatcom County Flood Control Zone District, to move forward with and complete the acquisition of the property as long as the purchase price of the property does not exceed the amount discussed in Executive Session.

Motion approved 7-0 to designate Councilmember Kershner as an alternate for the Whatcom Council of

Governments Executive and Transportation Policy Board particularly for the October 12th meeting and the rest of this year as needed.

ADJOURN

 The meeting adjourned at 11:24 p.m.

The County Council approved these minutes on October 25, 2022. ATTEST:

______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Todd Donovan, Council Chair

 Whatcom County

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*********************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, October 25, 2022 6 PM

Hybrid Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=900411&GUID=35664795-2C06-4D6C-AF77-F7A0D5E9A119&Options=info|&Search= ]

HYBRID MEETING (PARTICIPATE IN-PERSON, SEE REMOTE JOIN INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010)

COUNCILMEMBERS

Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final October 25, 2022

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,

Council Chair Todd Donovan called the meeting to order at 6:01 p.m. in a hybrid meeting.

 Kaylee Galloway, and Kathy Kershner Absent: None

FLAG SALUTE

ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

Satpal Sidhu, County Executive, presented the 2023-2024 Whatcom County Budget Message.

MINUTES CONSENT

    1. MIN2022-063

Aye:

Nay: Absent:

2. MIN2022-064

Aye:

Nay: Absent:

3. MIN2022-065

Buchanan moved to accept the minutes consent items. The motion was seconded by Frazey (see votes on individual items below).

Committee of the Whole Executive Session for October 11, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Committee of the Whole for October 11, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Regular County Council for October 11, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be

    Whatcom County

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4.

Minutes – Final October 25, 2022 APPROVED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 MIN2022-066

Water Work Session for October 18, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

 PUBLIC HEARINGS

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 1. AB2022-529

Ordinance approving a system of rates and charges for the Whatcom Conservation District

Heather Christianson, Whatcom Conservation District (WCD) Board of Supervisors Chair, briefed the Councilmembers.

Donovan opened the Public Hearing and the following person spoke: · Don Starr

Steve Oliver, Whatcom County Treasurer, spoke about a proposed amendment to the Ordinance that he sent to the Councilmembers.

Public comment continued and the following people spoke:

· Chris Diele

· Michael Feerer

· Wendy Harris

Hearing no one else, Donovan closed the Public Hearing.

Galloway moved and Frazey seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Karen Frakes, Prosecuting Attorney’s Office, spoke about the proposed amendment sent to Council by the County Treasurer. She stated she is supportive of the change and does not believe the change will affect the

  Whatcom County

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Minutes – Final October 25, 2022

 Council’s ability to adopt this tonight.

Galloway moved to amend section five in the Ordinance as follows:

Section 5. As provided in RCW 89.08.405(6), the County shall retain one percent (1%) of the amount collected by the County Treasurer to reimburse the County for the costs of collection.

Section 5. As provided in RCW 89.08.405(6), the County Treasurer shall deduct an amount from the collected rates and charges, as established by the county legislative authority, to cover the costs incurred by the county assessor and county treasurer in spreading and collecting the rates and charges, but not to exceed the actual costs of such work.

The motion was seconded by Frazey.

The motion to amend carried by the following vote:

Aye: 7 – Byrd, Donovan, Elenbaas, Frazey, Galloway, Kershner, and Buchanan

Nay: 0

Councilmembers discussed the main motion.

Galloway’s motion that the Ordinance Requiring a Public Hearing be ADOPTED AS AMENDED carried by the following vote:

4 – Buchanan, Donovan, Frazey, and Galloway

3 – Byrd, Elenbaas, and Kershner Absent: 0

          2.

AB2022-545

Enactment No: ORD 2022-066

Resolution adopting the 2023-2028 Six-Year Water Resources Improvement Program (WRIP) by the Whatcom County Council (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Gary Stoyka, Public Works Department, stated he did not have a report. Donovan opened the Public Hearing and the following people spoke:

· Cliff (last name not stated)

· Misty Flowers

· Shannon Buckley

Hearing no one else, Donovan closed the Public Hearing.

Aye:

Nay:

  Whatcom County

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Minutes – Final October 25, 2022

 3.

AB2022-555

Resolution approving the Whatcom County 2023 Annual Construction Program Jim Karcher, Public Works Department, briefed the Councilmembers.

Donovan opened the Public Hearing and the following person spoke: · Cynthia (last name not stated)

Hearing no one else, Donovan closed the Public Hearing.

Kershner moved and Buchanan seconded that the Resolution Requiring a Public Hearing be APPROVED.

Karcher answered questions about the language in the Resolution “that no changes be made in the program without the unanimous vote of the Whatcom County Council” and whether that is statutorily required or unique to this plan, and Annual Program Item numbers 44 and 45 regarding the Lummi Island ferry and the relocation of the Gooseberry Terminal and what sort of flexibilities exist with those projects should circumstances change (different technologies may result in different costs).

Frazey moved and Kershner seconded that the Resolution (FCZDBS) Requiring a Public Hearing be APPROVED.

Paula Harris, Public Works Department, answered what the connection is between this long-range plan and some of the flood-related repairs and mitigation efforts they have been working on.

Kershner invited the public to look at the Public Works Department website for flood information. There have also been several updates in Council Committee meetings and Water Work Session meetings on various plans that the County has put in place.

Harris answered whether the County is limited to the projects listed on this six-year plan.

Frazey’s motion that the Resolution (FCZDBS) Requiring a Public Hearing be APPROVED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Absent: 0

Enactment No: RES 2022-043

Aye:

  Whatcom County

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Council Minutes – Final October 25, 2022

 OPEN SESSION

Enactment No: RES 2022-044

The following people spoke:

· Cynthia Ripke-Kutsagoitz

· Emily Freudenberger

· Rochelle Hallowell

· Ivy Little

· Christopher Diele

· Pamela Carron

· Jillian Froebe

· Sophie McMahon

· Rob Lewis

· Carly Lloyd

· Elizabeth Kerwin

· Asa Menlove

· Susan David

· Cory McDonald

· Brel Froebe

· Jay McAfee

· Name not stated

· Natalie Chavez

· Barbara Powers

· Todd Lagestee

· Name not stated

· Lyle Sorenson

· Michael Feerer

· Bill Turner

· Kai Clarke

· Misty Flowers

· Wendy Harris

· Sara Rose

Kershner’s motion that the Resolution Requiring a Public Hearing be APPROVED carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

  Whatcom County

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Minutes – Final

October 25, 2022

 · Judith Akins

· Cliff (last name not stated)

· Hannah (last name not stated)

Hearing no one else, Donovan closed the Open Session. Clerk’s note: Councilmembers took a short break.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

 1. AB2022-563

Aye:

Nay: Absent:

2. AB2022-564

Aye:

Nay: Absent:

3. AB2022-567

Byrd reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through ten. Councilmembers voted on those items (see votes on individual items below).

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Department of Commerce for Drug Task Force Justice Assistance Grant (JAG), in the amount of $199,375.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and South Whatcom Fire Authority for fire protection services in an amount determined by the current levy rate and the assessed value of improvements on the park properties within the district

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Health Care Authority to establish an alternative response team to respond to 911 calls that do not require law enforcement, in the amount of $2,213,000

    Whatcom County

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Minutes – Final October 25, 2022

 Aye:

Nay: Absent:

4. AB2022-572

Aye:

Nay: Absent:

5. AB2022-573

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and U.S. Department of Justice Drug Enforcement Administration for reimbursement of overtime for two Sheriff’s Office detectives, in the amount of $39,681.50

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and U.S. Department of Justice Organized Crime Drug Enforcement Task Forces (OCDETF) for reimbursement of overtime of Whatcom County Sheriff’s Office deputies engaged in OCDETF investigation PA-WAW-0363, in the amount of $2,500.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and U.S. Department of Justice Organized Crime Drug Enforcement Task Forces (OCDETF) for reimbursement of overtime of Whatcom County Sheriff’s Office deputies engaged in OCDETF investigation PA-WAW-0362, in the amount of $2,500.00

Byrd 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:

Nay: Absent:

6. AB2022-574

  Whatcom County

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Minutes – Final October 25, 2022

 Aye:

Nay: Absent:

7. AB2022-578

Aye:

Nay: Absent:

8. AB2022-580

Aye:

Nay: Absent:

9. AB2022-582

Aye:

Nay: Absent:

10. AB2022-590

Whatcom County

6 – 1 – 0

Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner Elenbaas

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and City of Bellingham for partial funding of the ongoing maintenance and operations of the Crisis Stabilization Center, in the amount of $65,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion failed by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into an interlocal amendment between Whatcom County and the City of Bellingham to extend the term of the Jail Use Agreement until December 31, 2023

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Bellingham for design and construction costs associated with the Meridian Birchwood Roundabout project in the amount of $2,625,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

1 – Elenbaas

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Bellingham for joint support of the

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Minutes – Final October 25, 2022

 Aye:

Nay: Absent:

OTHER ITEMS (From Council Finance 1. AB2022-536

Whatcom Racial Equity Committee in the amount of $600,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

and Administrative Services Committee)

Ordinance amending Whatcom County Code 2.21.030 to increase the per diem amount paid to Board of Equalization members

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED.

Councilmembers discussed the motion.

Byrd’s motion that the Ordinance be ADOPTED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-067

Ordinance amending the 2022 Whatcom County Budget, request no. 14, in the amount of $420,917

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-068

Request authorization for the County Executive to enter into a contract between Whatcom County and Opportunity Council to provide funding to support childcare

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  Aye:

Nay: Absent:

2. AB2022-554

Aye:

Nay: Absent:

3. AB2022-576

Whatcom County

Council

Minutes – Final October 25, 2022

 4.

AB2022-579

Request authorization for the County Executive to enter into a Subrecipient Agreement between Whatcom County and Opportunity Council for pass-through of a CDBG Public Services grant for the delivery of direct public services in the amount of $131,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote:

5. AB2022-562

Resolution adopting Whatcom County Public Works policies as required by the County Road Administration Board

Kershner reported on AB2022-565 from the Public Works and Health Committee.

Galloway made a point of order that this item is AB2022-562.

Kershner reported for the Public Works and Health Committee and moved that the Resolution be APPROVED. The motion carried by the following vote:

stabilization, in the amount of $1,489,509

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote:

Aye: 5 – Buchanan, Donovan, Frazey, Galloway, and Kershner

Nay: 2 – Byrd, and Elenbaas Absent: 0

 Aye: 6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 1 – Byrd Absent: 0

(From Council Public Works and Health Committee)

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Enactment No: RES 2022-045

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

1. AB2022-547 Appointments to fill two vacancies on the Forestry Advisory Committee, commercial

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Council

Minutes – Final October 25, 2022

 2.

AB2022-556

Appointment to fill one vacancy on the Forestry Advisory Committee, citizen with forestry expertise, applicant(s): Charles Bagley Wright

Buchanan moved and Galloway seconded that the Council Appointment Requiring Introduction be APPOINTED. The motion carried by the following vote:

forestry landowner positions, Applicants: John Gold and David Janicki

Frazey moved and Galloway seconded that both applicants be APPOINTED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

  1. AB2022-577

Aye:

Nay: Absent: Abstain:

2. AB2022-588

Request confirmation of the County Executive’s appointments to the Whatcom County Commission on Salaries for Elected Officials

Galloway moved and Frazey seconded that the Executive Appointment be CONFIRMED. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 0

0

1 – Elenbaas

Request confirmation of the County Executive’s appointment of Russell Baird Tewskbury to the Civil Service Commission

Frazey moved and Galloway seconded that the Executive Appointment be CONFIRMED.

Elenbaas stated the individual has an interesting resume.

Frazey’s motion that the Executive Appointment be CONFIRMED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

  Aye:

 Whatcom County

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Minutes – Final

October 25, 2022

 Nay: 0 Absent: 0

ITEMS ADDED BY REVISION

There were no agenda items added by revision.

INTRODUCTION ITEMS

  1. AB2022-571

Galloway moved to introduce items one through four. The motion was seconded by Buchanan (see votes on individual items below).

Ordinance amending the Whatcom County Code relating to Personal Wireless Service Facilities

Galloway moved and Buchanan seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

 2. AB2022-538

Enactment No: ORD 2022-069

Appointment to fill a vacancy on the Criminal Justice Treatment Account Panel, Substance Use Disorder Treatment Agency Position, Applicant(s): Julie Grendon

Galloway moved and Buchanan seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 3. AB2022-592

Appointment to fill a vacancy on the Forestry Advisory Committee, Small Forest Landowner Position, Applicant(s): Holly Koon

Galloway moved and Buchanan seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 –

Nay: 0 Absent: 0

Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

 Whatcom County

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Council 4.

Minutes – Final October 25, 2022

Appointment to fill a vacancy on Drainage District 3, Commissioner Position #3, Applicant(s): Paul Sangha

Galloway moved and Buchanan seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

 AB2022-593

 Aye:

Absent: 0

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

  Whatcom County

Councilmembers gave Committee reports and other updates.

Dana Brown-Davis, Clerk of the Council, read into the record the title of the item that was added to the Committee of the Whole Executive Session agenda by revision (AB2022-598).

Elenbaas asked why Councilmember Donovan recused himself from that item and whether there is anything the Council needs to think about.

Galloway updated the Council on what she has been learning regarding the Box of Rain forest, the Appointments Project at Whatcom Community College (which is about engaging people in public boards, committees, and commissions), and a ride-along that she and Councilmember Frazey took with the Bellingham Fire Department. She thanked the Whatcom Housing Alliance for the housing week they put on last week.

Kershner reported on the Emergency Operations Center briefing on how to be prepared for emergencies, and a presentation from the Whatcom Housing Alliance on the Way Station.

Kershner moved to ask the Administration to come back to the Council with options for building and funding a new correctional facility.

The motion was seconded by Elenbaas.

Satpal Sidhu, County Executive, and Councilmembers discussed the motion, funding ideas and finding creative solutions, and when the final report from the Incarceration Prevention and Reduction Task Force (IPRTF) will be presented to Council.

Kershner restated her motion to ask the Administration to come back to

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Minutes – Final October 25, 2022

 MOTION SUMMARY:

ADJOURN

the Council with a report on potential funding opportunities for a new correctional facility.

Councilmembers and Sidhu continued to discuss the motion, when the information should be brought to the Council, and having a sense of what the options are that they might be negotiating with the cities.

The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

Elenbaas spoke about going into this time of year and stated he hopes that we continue to look for more tools to put in our flooding toolbox.

Motion approved 7-0 to ask the Administration to come back to the Council with a report on potential funding opportunities for a new correctional facility.

 The meeting adjourned at 9:45 p.m.

The County Council approved these minutes on November 9, 2022. ATTEST:

______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Todd Donovan, Council Chair

 Whatcom County

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******************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Wednesday, November 9, 2022 6 PM

Hybrid Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=900632&GUID=32B7078E-62C4-441F-9A55-E2C725577CC9&Options=info|&Search= ]

HYBRID MEETING (PARTICIPATE IN-PERSON, SEE REMOTE JOIN INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010)

COUNCILMEMBERS

Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final November 9, 2022

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,

Council Chair Todd Donovan called the meeting to order at 6 p.m. in a hybrid meeting.

 Kaylee Galloway, and Kathy Kershner Absent: None

FLAG SALUTE

ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

Satpal Sidhu, County Executive, stated he did not have a report.

MINUTES CONSENT

    1. MIN2022-067

Aye:

Nay: Absent: Temp Absent:

2. MIN2022-068

Aye:

Nay: Absent: Temp Absent:

3. MIN2022-070

Whatcom County

Buchanan moved to accept the minutes consent items. The motion was seconded by Frazey (see votes on individual items below).

Committee of the Whole Executive Session for October 25, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 0

0

1 – Elenbaas

Committee of the Whole for October 25, 2022

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

  6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 0

0

1 – Elenbaas

Regular County Council for October 25, 2022

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Minutes – Final November 9, 2022

 Aye:

Nay: Absent: Temp Absent:

Buchanan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 0

0

1 – Elenbaas

INTRODUCTION ITEMS

 1. AB2022-581

Aye:

Nay: Absent:

2. AB2022-601

Aye:

Nay: Absent:

3. AB2022-604

Buchanan moved to introduce items one through twenty-one. The motion was seconded by Galloway (see votes on individual items below).

Kershner asked if they introduce all these items and then have a work session on November 17, whether they would have to reintroduce anything.

Resolution to declare Whatcom County Real Property as Surplus and Approve Sale

Buchanan moved and Galloway seconded that the Resolution Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Enactment No: RES 2022-051

Ordinance amending the project based budget for the Courthouse Improvement Fund, request no. 2

Buchanan moved and Galloway seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Enactment No: ORD 2022-076

Ordinance amending the Whatcom County Budget, request no. 15, in the amount of $153,395

Buchanan moved and Galloway seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

    Whatcom County

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Minutes – Final November 9, 2022

 Aye:

Nay: Absent:

4. AB2022-606

Aye:

Nay: Absent:

5. AB2022-607

Aye:

Nay: Absent:

6. AB2022-608

Aye:

Nay: Absent:

7. AB2022-609

Whatcom County

6 –

1 –

0

Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner Elenbaas

Enactment No: ORD 2022-077

Ordinance Authorizing the Levy of Taxes for Conservation Futures Purposes for

2023

Buchanan moved and Galloway seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Enactment No: ORD 2022-071

Ordinance Authorizing the Levy of Taxes for County Road Purposes for 2023

Buchanan moved and Galloway seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Enactment No: ORD 2022-072

Ordinance Authorizing the Levy of Taxes for County and State Purposes in Whatcom County, Washington, for the Year of 2023

Buchanan moved and Galloway seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Enactment No: ORD 2022-073

Ordinance amending the project based budget for the Courthouse Building Envelope

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Minutes – Final

November 9, 2022

 8. AB2022-610

Enactment No: ORD 2022-078

Ordinance adopting the Six-Year Capital Improvement Program for Whatcom County Facilities 2023-2028

Buchanan moved and Galloway seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Fund, request no. 5

Buchanan moved and Galloway seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

Aye: 6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

Nay: 1 – Elenbaas Absent: 0

 9. AB2022-611

Enactment No: ORD 2022-074

Resolution adopting the 2023-2024 budget for the Point Roberts Transportation Benefit District (Council acting as the governing body of the Point Roberts Transportation Benefit District)

Buchanan moved and Galloway seconded that the Resolution Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

Nay: 1 – Elenbaas Absent: 0

 10. AB2022-612

Enactment No: RES 2022-047

Ordinance amending the project budget for the Courthouse Improvement Fund, request no. 3

Buchanan moved and Galloway seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

Aye: 6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

Nay: 1 – Elenbaas Absent: 0

 Aye: 6 – Nay: 1 –

Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner Elenbaas

 Whatcom County

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Minutes – Final November 9, 2022

 Absent:

11. AB2022-613

Aye:

Nay: Absent:

12. AB2022-614

Aye:

Nay: Absent:

13. AB2022-615

Aye:

Nay: Absent:

14. AB2022-616

0

Enactment No: ORD 2022-079

Ordinance amending the project budget for the Criminal Justice Integrated Case Management Systems Fund, request no. 1

Buchanan moved and Galloway seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Enactment No: ORD 2022-080

Ordinance amending the project budget for the Finance System Software Fund, request no. 1

Buchanan moved and Galloway seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Enactment No: ORD 2022-081

Ordinance amending the project budget for the Silver Lake Park Improvement Fund, request no. 4

Buchanan moved and Galloway seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Enactment No: ORD 2022-082

Ordinance establishing the Bellingham Senior Center HVAC Replacement Fund and establishing a project based budget for the Bellingham Senior Center HVAC Replacement project

Buchanan moved and Galloway seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

     Whatcom County

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Minutes – Final November 9, 2022

 15. AB2022-617

Enactment No: ORD 2022-083

Ordinance establishing the Plantation Rifle Range Lead Reclamation & Capital Improvements Fund and establishing a project based budget for the Plantation Rifle Range Lead Reclamation & Capital Improvements project

Buchanan moved and Galloway seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

Aye: 6 –

Nay: 1 – Absent: 0

Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner Elenbaas

 16. AB2022-618

Enactment No: ORD 2022-084

Ordinance in the matter of the adoption of the final budget of Whatcom County for the Biennium 2023-2024

Buchanan moved and Galloway seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

Nay: 1 – Elenbaas Absent: 0

 17. AB2022-620

Aye: 6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

Nay: 1 – Elenbaas Absent: 0

Enactment No: ORD 2022-070

Resolution adopting the 2023 budget for the Whatcom County Flood Control Zone District and Subzones (Council acting as the Flood Control Zone District Board of Supervisors)

Buchanan moved and Galloway seconded that the Resolution (FCZDBS) Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

Nay: 1 – Elenbaas Absent: 0

Enactment No: RES 2022-048

  Whatcom County

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Council

18. AB2022-622

Aye:

Nay: Absent:

19. AB2022-632

Aye:

Nay: Absent:

20. AB2022-637

Aye:

Nay: Absent:

21. AB2022-638

Aye:

Nay: Absent:

Minutes – Final November 9, 2022

Resolution authorizing the levy of taxes for the Whatcom County Flood Control Zone District for 2023

Buchanan moved and Galloway seconded that the Resolution (FCZDBS) Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Enactment No: RES 2022-049

Ordinance Authorizing the Levy of Taxes for Countywide Emergency Medical Purposes for 2023

Buchanan moved and Galloway seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Enactment No: ORD 2022-075

Ordinance closing COVID-19 Emergency Response (CARES Act) Fund 134

Buchanan moved and Galloway seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

0

Enactment No: ORD 2022-085

Ordinance establishing a Capital Facilities Reserve Fund

Buchanan moved and Galloway seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

     6 – 1 – 0

Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner Elenbaas

 Whatcom County

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Council Minutes – Final November 9, 2022

 Enactment No: ORD 2022-086

PUBLIC HEARINGS

 1. AB2022-571

Ordinance amending the Whatcom County Code relating to Personal Wireless Service Facilities

Matt Aamot, Planning and Development Services Department, stated he gave an update in committee.

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Kershner moved and Buchanan seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote:

 OPEN SESSION

Enactment No: ORD 2022-069

The following people spoke:

· Christopher Diele

· Natalie Chavez

· Name not stated

· Name not stated

· Robert Bystrom

· Lyle Sorenson

· Danielle Gaughen

· Fallon (last name not stated)

· Misty Flowers

· Name not stated

· Name not stated

· Name not stated

· Name not stated

· Hannah (last name not stated)

Hearing no one else, Donovan closed the Open Session.

CONSENT AGENDA

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

   Whatcom County Page 8 Printed on 12/11/2022

Council Minutes – Final November 9, 2022 (From Council Finance and Administrative Services Committee)

 1. AB2022-595

Byrd reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through ten.

Elenbaas stated he would like to discuss Consent agenda item number two (AB2022-603).

Tyler Schroeder, Director of Administrative Services, answered where the grant is coming from and what fund it is going to.

Elenbaas spoke about how the Puget Sound Partnership fits into the Whatcom County Charter in who they are accountable to. He stated he does not see any specific deliverable projects and it is a lot of money for what appears to just be coordinating meetings. He would like to vote on it separately.

Kershner stated she would like to pull Consent Agenda item number seven (AB2022- 628) and consider it separately.

Elenbaas spoke about Consent Agenda item number three and what the money is paying for. He did not request to vote on it separately.

Councilmembers voted on the Consent Agenda items except for items two and seven (see votes on individual items below and votes on the two separate items after that).

Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Military Department to purchase portable radios, in the amount of $35,682

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

 2. AB2022-603

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the State of Washington Puget Sound Partnership for water resources programs in the Whatcom County region, in the amount of $375,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

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Council Minutes – Final November 9, 2022

 This item was considered separately. See motion and vote below.

3. AB2022-605

Aye:

Nay: Absent:

4. AB2022-619

Request authorization for the County Executive to enter into a contract between Whatcom County and Geneva Consulting Services to coordinate the Whatcom Local Integrating Organization (LIO), in the amount of $247,587.46 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Byrd 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:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Whatcom Conservation District for agriculture best management practices outreach and financial assistance, in the amount of $66,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Byrd 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:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and PeaceHealth to provide access to Epic in the amount of $10,068 annually for a total amended contract amount of $59,264

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an Interlocal Agreement modification between Whatcom County and the City of Bellingham for What-Comm Communications Center operations

  Aye:

Nay: Absent:

5. AB2022-623

Aye:

Nay: Absent:

6. AB2022-626

   Whatcom County

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Minutes – Final November 9, 2022

 7.

Aye:

Nay: Absent:

AB2022-628

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an Interlocal Agreement amendment between Whatcom County and Basic Life Support First Responder agencies in the amount of $5,951,262.55

 This item was considered separately. See motion and vote below.

8. AB2022-629

Aye:

Nay: Absent:

9. AB2022-631

Aye:

Nay: Absent:

10. AB2022-635

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Hunt Forensics, LLC in the amount of $89,028

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Resolution approving a salary schedule and policies for Unrepresented Whatcom County employees effective January 1, 2023 through December 31, 2023

Byrd reported for the Finance and Administrative Services Committee and moved that the Resolution be APPROVED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: RES 2022-046

Request authorization for the County Executive to enter into a contract between Code Publishing, LLC and Whatcom County for legal code publishing services

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

    Whatcom County

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Council Minutes – Final November 9, 2022

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

CONSENT AGENDA ITEMS CONSIDERED SEPARATELY

 7. AB2022-628

Request authorization for the County Executive to enter into an Interlocal Agreement amendment between Whatcom County and Basic Life Support First Responder agencies in the amount of $5,951,262.55

Kershner stated this afternoon we found out that this was a combination of the cash from the Emergency Medical Services (EMS) fund that we authorized in May as well as some money for some gurneys to support basic life support first responders. She asked at that time a question about why it took so long to get through the process of being actually sent out to the agencies. She is not sure she is going to vote for it. She has some issues with the EMS fund and this is one of them. She thinks that this is a gift to our basic life support first responder agencies that allowed the fund balance to look lower than it actually was.

Elenbaas asked whether the agencies already spent the money and we are just reimbursing it at this point and whether that is why it has taken so long. He has the same question as Kershner. If the Council voted yes in May for all this to transpire, why did it not happen?

Tyler Schroeder, Director of Administrative Services, stated it is a new program to the County EMS. Basic Life Support (BLS) allocation in the past has only been for BLS agencies that have been impacted from the EMS levy so there were a lot of discussions about how to set the contract up to allocate it. A lot of the timeframe also came around the biennium budget so there was some delay through Finance to get the contract ready. There was also some discussion with the EOB in September about the utilization of the money and the allocation framework.

Galloway stated she feels frustrated as to why it was sat on after it was approved in May and Council was never informed of the delay. Moving forward it would be really helpful to Council to know when their votes are not being honored in a timely manner.

Councilmembers discussed how the money was allocated, whether there is

a timeline for how long the Executive branch can sit on something once it has been approved, having more explanation in the staff memo, having more transparency in the future, and the feeling that they do not have the entire

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Minutes – Final

November 9, 2022

 2.

AB2022-603

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the State of Washington Puget Sound Partnership for water resources programs in the Whatcom County region, in the amount of $375,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Galloway moved and Frazey seconded that the Contract (FCZDBS) be AUTHORIZED.

Councilmembers discussed the motion.

Satpal Sidhu, County Executive, answered whether this interlocal agreement is to accept the grant and spoke about the benefit of coordination for issues that do not have boundaries.

Elenbaas stated organizations like this and how we operate within them are not really addressed in the Whatcom County Charter.

Galloway’s motion that the Contract (FCZDBS) be AUTHORIZED carried by the following vote:

story from all the parties.

Galloway moved and Buchanan seconded that the Interlocal be AUTHORIZED. The motion carried by the following vote:

Aye: 5 – Buchanan, Donovan, Elenbaas, Frazey, and Galloway

Nay: 2 – Byrd, and Kershner Absent: 0

 Aye: 5 – Buchanan, Donovan, Frazey, Galloway, and Kershner

Nay: 2 – Byrd, and Elenbaas Absent: 0

OTHER ITEMS

(From Council Planning and Development Committee)

 1. AB2022-586

Aye:

Discussion and motion to approve the Public Participation Plan for Whatcom County Comprehensive Plan and Development Regulation Amendments

Donovan reported for the Planning and Development Committee and moved that the Request for Motion be APPROVED AS AMENDED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

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Minutes – Final November 9, 2022

 Nay: 0 Absent: 0

(No Committee Assignment)

2. AB2022-639

Approval of Special Standing Meetings for 2023

Kershner moved and Frazey seconded that the Special Order of Business be APPROVED BY THE COUNCILMEMBERS.

Frazey stated this is a substitute version.

Dana Brown-Davis, Clerk of the Council, stated there was a typographical error on the June date in the first version.

Kershner’s motion that the SUBSTITUTE Special Order of Business be APPROVED BY THE COUNCILMEMBERS carried by the following vote:

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

 1. AB2022-538

Aye:

Nay: Absent:

2. AB2022-592

Appointment to fill a vacancy on the Criminal Justice Treatment Account Panel, Substance Use Disorder Treatment Agency Position, Applicant(s): Julie Grendon

Buchanan moved and Frazey seconded that the Council Appointment Requiring Introduction be APPOINTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Appointment to fill a vacancy on the Forestry Advisory Committee, Small Forest Landowner Position, Applicant(s): Holly Koon

Dana Brown-Davis, Clerk of the Council, stated there was an additional application from Tom Smith.

Kershner moved to nominate both Tom Smith and Holly Koon. The motion was seconded by Galloway.

Holly Koon addressed the Council and answered a question about being involved in law suits regarding timber harvest.

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Minutes – Final

November 9, 2022

 Councilmembers voted as follows:

Buchanan – Koon Byrd – Koon Donovan – Koon Elenbaas – Smith Frazey – Koon Galloway – Koon Kershner – Smith

Koon was appointed.

This agenda item was APPOINTED.

Appointed Koon with 5 votes (two for Tom Smith)

3. AB2022-593

Appointment to fill a vacancy on Drainage District 3, Commissioner Position #3, Applicant(s): Paul Sangha

Kershner moved and Buchanan seconded that the Council Appointment Requiring Introduction be APPOINTED. The motion carried by the following vote:

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

  1. AB2022-602

Request confirmation of the County Executive’s appointment of Jackie Dexter to the Marine Resources Committee

Galloway moved and Frazey seconded that the Executive Appointment be CONFIRMED. The motion carried by the following vote:

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

ITEMS ADDED BY REVISION

There were no agenda items added by revision.

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

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Minutes – Final November 9, 2022

 ADJOURN

Councilmembers gave committee reports.

Tyler Schroeder, Director of Administrative Services, answered a question about $2 million from the State for flood victims, whether that has come to the Council to disperse it, and whether it could be made an emergency and fast-tracked if it was allocated from the State.

Galloway updated on the following activities:

· The Five-County Regional Cooperation Meeting with Skagit, Island, Snohomish, And San Juan (Swiss) in October

· A County Road Administration Board (CRAB) tour

· Her participation with Washington State Association of Counties

(WSAC)

· A ride-along with the homeless outreach team

· A tour of the Plantation Rifle Range

· A tour of the Swift Creek site

Elenbaas asked about the emergency cold weather shelter at Civic Field and what the weather threshold is to open that.

Satpal Sidhu, County Executive, stated he visited the shelter and answered how information is communicated to the homeless.

Kershner updated about the childcare issue in the County and stated she would like to expand their thinking to looking at service providers in general. There is a huge shortage of all types of service providers including senior care. It is one more issue they need to deal with and she will be working on it.

The meeting adjourned at 7:37 p.m.

The County Council approved these minutes on November 22, 2022.

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Minutes – Final

November 9, 2022

 ATTEST:

______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Todd Donovan, Council Chair

 Whatcom County

Page 17

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**************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Draft Minutes

Tuesday, November 22, 2022 6 PM

Hybrid Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=900664&GUID=B83C902D-B32E-4B4A-B36D-A54F786C9F5B&Options=info|&Search= ]

HYBRID MEETING (PARTICIPATE IN-PERSON AT 311 GRAND AVENUE SUITE 101, SEE REMOTE JOIN INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010); AGENDA REVISED 11.21.2022

COUNCILMEMBERS

Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Draft Minutes November 22, 2022

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,

Council Chair Todd Donovan called the meeting to order at 6:01 p.m. in a hybrid meeting.

 Kaylee Galloway, and Kathy Kershner Absent: None

FLAG SALUTE

ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

Satpal Sidhu, County Executive, reported on the biennium budget.

MINUTES CONSENT

    1. MIN2022-071

Aye:

Nay: Absent:

2. MIN2022-075

Aye:

Nay: Absent:

3. MIN2022-076

Kershner moved to accept the minutes consent items. The motion was seconded by Buchanan (see votes on individual items below).

Special Council for November 1, 2022

Kershner moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Special Council for November 9, 2022

Kershner moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Committee of the Whole for November 9, 2022

Kershner moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

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Minutes – Draft Minutes November 22, 2022

 4. MIN2022-077

Regular County Council for November 9, 2022

Kershner moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 5. MIN2022-078

Water Work Session for November 15, 2022

Kershner moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 6. MIN2022-079

Special Council for November 3, 2022

Kershner moved and Buchanan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

PUBLIC HEARINGS

 1. AB2022-618

Ordinance in the matter of the adoption of the final budget of Whatcom County for the Biennium 2023-2024

Donovan opened the Public Hearing and the following people spoke:

· Duane Jager

· Chris Diele

· Markis Dee Stidham

· Name not stated

· Steven Wright

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Minutes – Draft Minutes November 22, 2022

 Aye: Nay:

5 – 2 –

Buchanan, Donovan, Frazey, Galloway, and Kershner Byrd, and Elenbaas

Hearing no one else, Donovan closed the Public Hearing.

Buchanan moved and Galloway seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Kershner stated she appreciates the Administration and the Council for their work and thanked the public for speaking.

Elenbaas stated he supports the addition of the ten new deputies but we still have hundreds of people who are out of their homes and flooding issues that have not been taken care of and we do not have a solid plan for a jail. He would like to see more spending on mental health.

Byrd asked about the fund/department breakdown totals in the first “Therefore” statement of the Ordinance and whether they are income or expenses.

Tyler Schroeder, Executive’s Office, stated they are appropriations for expenditures.

Byrd spoke about the budget and that he agrees with Elenbaas that there are a lot of things that are not in there, and he spoke about the increase in the budget from 2018 to what is being proposed. To see that large of an increase and not see those things being tackled he cannot vote for it in general, but he is happy with the deputies.

Donovan spoke about why he is supporting it and stated we are keeping the banked capacity for the jail funding and we are addressing some flooding issues. Some of the increases are American Rescue Plan Act (ARPA) funds and short term increases that are inflating the numbers.

Schroeder answered what the total amount of the Whatcom County budget is.

Kershner stated when you are looking at allocating $182 million there will be things in the budget that you might not choose but there is enough in it that makes sense to her so she is going to support it.

Buchanan’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

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Minutes – Draft Minutes November 22, 2022

 2.

Absent:

AB2022-606

0

Enactment No: ORD 2022-070

Ordinance Authorizing the Levy of Taxes for Conservation Futures Purposes for 2023

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Frazey moved and Buchanan seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Tyler Schroeder, Director of Administrative Services, answered whether the Ordinance is worded to say we are not increasing the collection of taxes.

Frazey’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-071

Ordinance Authorizing the Levy of Taxes for County Road Purposes for 2023 Donovan stated there is a substitute version.

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Kershner moved and Frazey seconded that the SUBSTITUTE Ordinance Requiring a Public Hearing be ADOPTED.

Tyler Schroeder, Director of Administrative Services, answered whether they were proposing a one percent (1%) increase for the Road Fund and stated they are not. The substitute ordinance indicates the amount they will be diverting from the Road Fund to the General Fund to cover traffic law enforcement.

Kershner’s motion that the SUBSTITUTE Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

 3.

Aye:

Nay: Absent:

AB2022-607

 Aye: Nay:

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Minutes – Draft Minutes November 22, 2022

 4.

AB2022-608

Ordinance Authorizing the Levy of Taxes for County and State Purposes in Whatcom County, Washington, for the Year of 2023

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Galloway moved and Kershner seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Brad Bennett, Administrative Services Department Finance, answered how it is determined how much money each district gets and whether there is a way to centralize this so it can be administered more efficiently.

Tyler Schroeder, Director of Administrative Services, answered a question about the relationship between the Ordinance and Attachment B. The Ordinance is the vehicle by which the County levies tax on behalf of the drainage districts.

Elenbaas spoke about finding a template or person to help coordinate these districts because it is a system that does not function very well. And the amount being collected is not enough to get the job done.

Gary Stoyka, Public Works Department, stated the flood division does provide technical assistance to the districts but it is an ongoing issue and it would be good to have more discussion about it.

Donovan agreed it would be good to have more discussion about it in committee.

Satpal Sidhu, County Executive, stated he agrees with Councilmember Elenbaas and how to move the water more efficiently should be part of our flood mitigation. This is an old system. He suggested they pool the money, have a county-wide plan, and address one region at a time on a five-year cycle. Individual districts do not have enough money to do anything, but collectively we could make a difference.

Galloway’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

Absent: 0

Enactment No: ORD 2022-072

 Aye: 6 – Nay: 1 –

Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner Byrd

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 5.

Absent:

AB2022-610

0

Enactment No: ORD 2022-073

Ordinance adopting the Six-Year Capital Improvement Program for Whatcom County Facilities 2023-2028

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Frazey moved and Kershner seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Mark Personius, Planning and Development Services Department Director, answered whether we had funding for bathrooms in Birch Bay Beach Park and when that was happening.

Tyler Schroeder, Director of Administrative Services, showed Councilmembers where to find it in the document.

Frazey’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-074

Resolution adopting the 2023-2024 budget for the Point Roberts Transportation Benefit District (Council acting as the governing body of the Point Roberts Transportation Benefit District)

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Satpal Sidhu, County Executive, stated we do have about $1 million or more because of the gas tax. The issue is the limitations placed by the State on where they can use that fund. He has proposed to our legislative representatives to ask the Legislature to give a variance to Point Roberts only and broaden the use of that fund to meet needs of that community.

Elenbaas moved and Kershner seconded that the Resolution Requiring a Public Hearing be APPROVED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

 6.

Aye:

Nay: Absent:

AB2022-611

 Aye: Nay:

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Minutes – Draft Minutes November 22, 2022

 7.

AB2022-620

Resolution adopting the 2023 budget for the Whatcom County Flood Control Zone District and Subzones (Council acting as the Flood Control Zone District Board of Supervisors)

Donovan opened the Public Hearing and the following people spoke:

· Collin Buckley

· Name not stated

· Lyle Sorenson

· Misty Flowers

· Markis Dee Stidham

· Hannah (last name not stated)

· Name not stated

Hearing no one else, Donovan closed the Public Hearing.

Kershner moved and Galloway seconded that the Resolution (FCZDBS) Requiring a Public Hearing be APPROVED.

Councilmembers discussed the motion, how much input the Council has, and setting a budget so work can get done.

Kershner’s motion that the Resolution (FCZDBS) Requiring a Public Hearing be APPROVED carried by the following vote:

8.

AB2022-622

Enactment No: RES 2022-048

Resolution authorizing the levy of taxes for the Whatcom County Flood Control Zone District for 2023

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Buchanan moved and Frazey seconded that the Resolution (FCZDBS) Requiring a Public Hearing be APPROVED.

Councilmembers discussed that this tax money takes care of the Nooksack

Absent: 0

Enactment No: RES 2022-047

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

  Whatcom County

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Minutes – Draft Minutes November 22, 2022

 9.

AB2022-632

Enactment No: RES 2022-049

Ordinance Authorizing the Levy of Taxes for Countywide Emergency Medical Purposes for 2023

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Galloway moved and Buchanan seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Kershner stated the levy is about a 50% increase from where it currently is and increasing the amount in the EMS fund is excessive. By increasing the amount being collected every year by $5 million the reserve balance is going to continue to go up.

Kershner moved to reduce the levy rate to $.21. The motion was seconded by Byrd.

River but also other water issues and resources throughout the county, whether this is an increase of 23.4% over last year and we are raising taxes, concerns that we have not spent the money well in the past and now we are going to levy more taxes to spend it poorly again in the future, the amounts of money approved for mitigation measures and reducing flood hazards and not pulling the carpet out from under the Public Works Department when they are working to alleviate the problems, emailing the County with action items that are not on the list so they can have open dialogue about them, not doing things that would help the problem and which would not harm the environment because it does not fit the narrative of the people who are benefiting from the funding that comes with the crisis, whether it would be helpful for the Public Works Department to give an overview or have a work session in the Public Works and Health or Planning and Development Committee on the plans that are happening and what this money is being spent on, having a special presentation during the general Council meeting and an open Q and A, whether it matters if there is a collaborative process if we are getting a directed outcome, and having a work session to discuss how to change direction if that is what needs to happen.

Buchanan’s motion that the Resolution (FCZDBS) Requiring a Public Hearing be APPROVED carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

1 – Elenbaas Absent: 0

Aye:

Nay:

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Minutes – Draft Minutes November 22, 2022

 OPEN SESSION

Councilmembers discussed the motion.

Tyler Schroeder, Director of Administrative Services, answered whether they can change the rate after voters have approved it and whether changing the rate would change the amount collected since it is a budget-based levy. Council would have to amend the amount then calculate a rate to get to that amount.

Councilmembers discussed the levy amount and whether it should be reduced, honoring the process, whether the increase is for expanding services, and whether they would need to revisit the Ordinance to change the budgeted amount if the fund balance keeps ballooning.

Kershner withdrew her motion.

Schroeder stated the levy rate for the $13.325 million is approximately

$.25 right now.

Kershner stated the issue is not so much the rate as much as it is the budget and the fund balance.

Elenbaas read the language that was on the ballot and stated it seems like it should say a dollar amount.

Councilmembers voted on the item (see final motion and vote below).

Satpal Sidhu, County Executive, thanked the Council for the public hearings and thanked the department heads, Brad Bennett and Marianne Caldwell in Finance, and Tyler Schroeder in the Executive’s Office.

Donovan thanked the Executive and staff for working very collaboratively with the Council.

Galloway’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner

1 – Byrd Absent: 0

Aye:

Nay:

Enactment No: ORD 2022-075

 Clerk’s note: Councilmembers took a short recess.

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November 22, 2022

 The following people spoke:

· Barbara Powers

· Name not stated

· Frank O’Neil

· Name not stated

· Natalie Chavez

· Jared (last name not stated)

· Richard Tran

· Robert Bystrom

· Patrick Alesse

· Name not stated

· Markis Dee Stidham

· Lyle Sorenson

· Sarah Gardam

· Joann Pattern

· Misty Flowers

· Sara Rose

· Amy Westman

· Cliff (last name not given)

· Hannah (last name not given)

· Name not given

· Name not given

Hearing no one else, Donovan closed the Open Session.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

 1. AB2022-645

Byrd reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through ten. Councilmembers voted on those items (see votes on individual items below).

Elenbaas spoke about record storage (AB2022-674) after the vote.

Request authorization for the County Executive to enter into a contract between Whatcom County and Lydia Place to provide transitional housing services, in the amount of $55,752

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion

  Whatcom County

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Minutes – Draft Minutes November 22, 2022 carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal amendment between Whatcom County and the City of Everson to extend the term of the Jail Use Agreement until December 31, 2023

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Military Department for State Individual Assistance Grant Funds for November 2021 Flood housing assistance, in the amount of $2,050,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a local agency agreement between Whatcom County and Washington State Department of Transporation, for the North Lake Samish Drive Bridge No. 107 Replacement Project, CRP No.

913006, in the amount of $8,997,310.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a contract between

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 2. AB2022-647

Aye:

Nay: Absent:

3. AB2022-648

Aye:

Nay: Absent:

4. AB2022-655

Aye:

Nay: Absent:

5. AB2022-656

Whatcom County

Aye:

Nay: Absent:

Council

Minutes – Draft Minutes November 22, 2022

 Aye:

Nay: Absent:

6. AB2022-658

Aye:

Nay: Absent:

7. AB2022-664

Whatcom County and Associated Earth Sciences, Inc to prepare a study plan and install monitoring equipment for the quantification of the timing and magnitude of groundwater pumping on streamflow depletion at three study locations, in the amount of $99,192 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Byrd 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:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an agreement between Whatcom County and the South Fork Valley Community Association for operation of the Van Zandt Community Hall located at Josh VanderYacht Memorial Park, in the amount of $1,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Agreement be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Whatcom Conservation District for Domestic-Municipal Water Use Efficiency Project, in the amount of $33,400 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Byrd 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:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and Washington State Department of Children, Youth and Families to provide funding for the Nurse Family Partnership

  Aye:

Nay: Absent:

8. AB2022-671

  Whatcom County

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Minutes – Draft Minutes November 22, 2022

 9.

Aye:

Nay: Absent:

AB2022-672

Aye:

Nay: Absent:

AB2022-674

Aye:

Nay: Absent:

Program in the amount of $414,362.59 for a total amended agreement amount of $806,056.18

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and City of Bellingham for the removal of solid and hazardous waste related to homeless encampments and illegal dump sites, in the amount of $150,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Request authorization for the County Executive to enter into a lease agreement between Whatcom County and John von Krusenstiern for warehouse space to store countywide records for a period of five years, in the amount of $31,554.48 per year, for a total amount of $157,772.40

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

and Administrative Services Committee)

Ordinance amending the project based budget for the Courthouse Improvement Fund, request no. 2

Byrd reported for the Finance and Administrative Services Committee and

 10.

 OTHER ITEMS (From Council Finance 1. AB2022-601

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 Aye:

Nay: Absent:

2. AB2022-604

moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-076

Ordinance amending the Whatcom County Budget, request no. 15, in the amount of $153,395

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED.

Elenbaas asked and Councilmembers discussed what sound suppressors are and why they are needed.

Byrd’s motion that the Ordinance be ADOPTED carried by the following vote:

5 – Buchanan, Byrd, Donovan, Galloway, and Kershner 2 – Elenbaas, and Frazey

0

Enactment No: ORD 2022-077

Ordinance amending the project based budget for the Courthouse Building Envelope Fund, request no. 5

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-078

Ordinance amending the project budget for the Courthouse Improvement Fund, request no. 3

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

 Aye:

Nay: Absent:

3. AB2022-609

Aye:

Nay: Absent:

4. AB2022-612

   Whatcom County

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Minutes – Draft Minutes November 22, 2022

 5.

AB2022-613

Enactment No: ORD 2022-079

Ordinance amending the project budget for the Criminal Justice Integrated Case Management Systems Fund, request no. 1

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

6.

AB2022-614

Enactment No: ORD 2022-080

Ordinance amending the project budget for the Finance System Software Fund, request no. 1

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED.

Kershner stated these items were discussed in the Finance and Administrative Services Committee.

Tyler Schroeder, Director of Administrative Services, answered whether there will be more requests for this software.

Councilmembers discussed the cost of the software.

Satpal Sidhu, County Executive, spoke about the process for amending a project-based budget. First is the budget, then we make a project-based budget, and then we make a request to spend the money and there may be multiple requests.

Byrd’s motion that the Ordinance be ADOPTED carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 –

Nay: 0 Absent: 0

Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

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 7. AB2022-615

Enactment No: ORD 2022-081

Ordinance amending the project budget for the Silver Lake Park Improvement Fund, request no. 4

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED.

Councilmembers voted on the item and discussion continued (see motion and vote below).

Tyler Schroeder, Director of Administrative Services, answered whether we make enough money from camping fees.

Christ Thomsen, Parks and Recreation Department, answered whether they charge different rates for non-county residents.

Byrd’s motion that the Ordinance be ADOPTED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-082

Ordinance establishing the Bellingham Senior Center HVAC Replacement Fund and establishing a project based budget for the Bellingham Senior Center HVAC Replacement project

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-083

Ordinance establishing the Plantation Rifle Range Lead Reclamation & Capital Improvements Fund and establishing a project based budget for the Plantation Rifle Range Lead Reclamation & Capital Improvements project

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following

 Aye:

Nay: Absent:

8. AB2022-616

Aye:

Nay: Absent:

9. AB2022-617

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 Aye:

Nay: Absent:

10. AB2022-637

Aye:

Nay: Absent:

11. AB2022-638

vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-084

Ordinance closing COVID-19 Emergency Response (CARES Act) Fund 134

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-085

Ordinance establishing a Capital Facilities Reserve Fund

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED.

Elenbaas applauded the Administration for the foresight into putting a capital facilities reserve fund together.

Donovan asked whether, if they have saved banked capacity, they would use it to reduce our debt service in the future.

Byrd’s motion that the Ordinance be ADOPTED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Enactment No: ORD 2022-086

Request authorization for the County Executive to enter into a contract between Whatcom County and Cando Recycling and Disposal to provide curbside collection services in Point Roberts, in the estimated amount of $475,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote:

  Aye:

Nay: Absent:

12. AB2022-644

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 13.

Request authorization for the County Executive to enter into a contract between Whatcom County and Opportunity Council to administer rental assistance to people with co-occurring disorders, in the amount of $49,600

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED.

Councilmembers discussed who makes the decision that someone qualifies for this and discussed the motion.

Byrd’s motion that the Contract be AUTHORIZED carried by the following vote:

5 – Buchanan, Donovan, Frazey, Galloway, and Kershner 2 – Byrd, and Elenbaas

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Opportunity Council to operate the Access ID Program, in the amount of $45,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED.

Kershner stated there was a Request for Proposal (RFP) process and the Opportunity Council was the only responder. She asked the Health Department to consider looking at our provider community and making sure we are doing everything we can to bolster it and encourage new providers because it is dangerous and risky to have just one provider in the community that is doing everything.

Satpal Sidhu, County Executive, stated developing variety and capacity in a community of our size is not an easy thing and takes time. If there is a fault in an organization we should correct the fault but it is not good for us to throw the baby out with the bathwater. The solution is accountability.

Kershner stated we need to think about diversity of ideas and approaches and methods. This is not a hit on the Opportunity Council. It is looking at the county and recognizing that we are limiting ourselves if we have just one large organization. Other organizations know that the Opportunity Council

Aye:

Nay: Absent:

AB2022-646

5 – 2 – 0

Buchanan, Donovan, Frazey, Galloway, and Kershner Byrd, and Elenbaas

 14.

Aye:

Nay: Absent:

AB2022-663

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Minutes – Draft Minutes November 22, 2022

 15.

AB2022-670

Request authorization for the County Executive to enter into a contract between Whatcom County and Opportunity Council to provide Leasing Specialist and intensive case management services, in the amount of $454,470

Byrd reported for the Finance and Administrative Services Committee and stated that the contract failed in Committee.

Galloway moved and Buchanan seconded that the Contract be AUTHORIZED.

Kershner stated she abstained in committee because she wanted more information about the successful outcomes of this program and Councilmembers discussed that they received an email.

Galloway’s motion that the Contract be AUTHORIZED carried by the following vote:

sucks in all the resources and say not to come to Whatcom County. Our Health Department can be aware of that and then helpful in creating RFPs or situations where it is a more inviting approach to other providers.

Byrd’s motion that the Contract be AUTHORIZED carried by the following vote:

Aye: 5 – Buchanan, Donovan, Frazey, Galloway, and Kershner

Nay: 2 – Byrd, and Elenbaas Absent: 0

 Aye: 5 – Buchanan, Donovan, Frazey, Galloway, and Kershner

Nay: 2 – Byrd, and Elenbaas Absent: 0

ITEMS ADDED BY REVISION

REVISION SUMMARY: AB2022-688 was added to Introduction. See discussion below in the Introduction header.

INTRODUCTION ITEMS

Donovan stated there was one item added by revision as Introduction item number 18 (AB2022-688) and stated it is contingent on whether the Children and Families initiative passes. They will introduce it as if it might pass and will just dispose of it if it does not.

Galloway moved to introduce items one through 18. The motion was seconded by Byrd

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 Tyler Schroeder, Director of Administrative Services, answered a question about the Urban Growth Area interlocal agreements.

Dana Brown-Davis, Clerk of the Council, answered whether AB2022-636 reactivating the Wildlife Advisory Committee has been through or will be scheduled for the Planning and Development Committee on December sixth, and whether AB2022-641 adopting the Buildable Lands Report will go to committee for more work.

Kershner asked and Councilmembers discussed whether the Planning Department finished the work on the Buildable Lands Report and recommended it forward.

Kershner moved to send AB2022-641 to the Planning and Development Committee before the public hearing but there was already a motion on the floor.

Kershner stated she would like to pull Consent Agenda item number three (AB2022-641) from the Consent Agenda. Councilmembers voted first on the other items so Kershner’s motion was put on hold.

The motion to introduce item numbers 1, 2, and 4-18 carried by the following vote (see votes on individual items below):

Aye: 7 – Galloway, Kershner, Buchanan, Byrd, Donovan, Elenbaas, and Frazey

Nay: 0

Kershner moved to send AB2022-641 to the Planning and Development

Committee on December sixth. The motion was seconded by Galloway.

Dana Brown-Davis, Clerk of the Council, answered whether it could be introduced the next week after being in committee, and whether it would require another public hearing two weeks out if they make substantial changes. She discussed with Councilmembers whether they would not like to schedule a public hearing on the same day that it is discussed in committee and push it into January.

Tyler Schroeder, Director of Administrative Services, stated that Mark Personius, Planning and Development Services Director, is fine with holding another work session or discussion on December sixth and waiting until January for a hearing and action.

The motion carried by the following vote (see this motion and vote on item

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 1. AB2022-587

Aye:

Nay: Absent:

2. AB2022-636

Aye:

Nay: Absent:

3. AB2022-641

Aye:

Nay: Absent:

three below):

Aye: 7 – Kershner, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Request authorization for the County Executive to enter into an Interlocal Agreement with the City of Blaine concerning planning, annexation and development within the Blaine Urban Growth Area

Galloway moved and Byrd seconded that the Agreement Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Ordinance amending Whatcom County Code 2.118, reactivating the Whatcom County Wildlife Advisory Committee beyond December 31, 2022

Galloway moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Ordinance adopting the Buildable Lands Report

Kershner’s motion that the Ordinance Requiring a Public Hearing be REFERRED TO COMMITTEE carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

   This item was considered separately. See discussion under the Introduction header.

4. AB2022-642

Request authorization for the County Executive to enter into an Interlocal Agreement with the City of Ferndale concerning planning, annexation and development within the Ferndale Urban Growth Area

Galloway moved and Byrd seconded that the Agreement Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

  Whatcom County

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 5. AB2022-643

Request authorization for County Executive to enter into an Interlocal Agreement between Whatcom County and the seven cities concerning procedures for amending the Countywide Planning Policies

Galloway moved and Byrd seconded that the Agreement Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 6. AB2022-650

Ordinance Establishing Temporary one way traffic on Drayton Harbor Road

Galloway moved and Byrd seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 7. AB2022-651

Ordinance to install stop signs on Bay Road at the intersection with Kickerville Road

Galloway moved and Byrd seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

8. AB2022-652

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

Ordinance to install stop signs on Bay Road at the intersection with Valley View Road

Galloway moved and Byrd seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

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 Absent:

9. AB2022-653

Aye:

Nay: Absent:

10. AB2022-654

Aye:

Nay: Absent:

11. AB2022-657

Aye:

Nay: Absent:

12. AB2022-659

Aye:

Nay: Absent:

13. AB2022-660

Whatcom County

0

Ordinance to remove a temporary stop sign on Drayton Harbor Road

Galloway moved and Byrd seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Ordinance to remove stop signs on Harksell Road at the intersection with Woodland Road

Galloway moved and Byrd seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Ordinance amending the Silver Beach Creek Stormwater Improvements Project Fund, request No. 1

Galloway moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Ordinance amending the 2023 Whatcom County Budget, request no. 1, in the amount of $9,737,304

Galloway moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Ordinance amending the project based budget for the North Lake Samish Road Bridge No. 107 Replacement Fund, request no. 2

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 Aye:

Nay: Absent:

14. AB2022-661

Aye:

Nay: Absent:

15. AB2022-662

Aye:

Nay: Absent:

16. AB2022-665

Aye:

Nay: Absent:

17. AB2022-673

Galloway moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Ordinance amending Whatcom County Code 16.20, Whatcom County Shellfish Protection Districts

Galloway moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Ordinance amending the 2022 Whatcom County Budget, request no. 16, in the amount of $636,513

Galloway moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Ordinance authorizing the 2023 Whatcom County Unified Fee Schedule

Galloway moved and Byrd seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

0

Ordinance amending Whatcom County Code Chapter 3.72 (Construction Projects-Apprenticeship Requirements) to extend the start dates and enhance the requirements for utilization of the contractor apprenticeship program

Galloway moved and Byrd seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

     Whatcom County

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Minutes – Draft Minutes November 22, 2022

 18.

AB2022-688

Ordinance authorizing the levy of taxes for Whatcom County children and families for 2023

Galloway moved and Byrd seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0 Absent: 0

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

 ADJOURN

Councilmembers gave committee reports and other updates.

 The meeting adjourned at 10:17 p.m. ATTEST:

______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Todd Donovan, Council Chair

 Whatcom County

Page 25

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********************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Draft Minutes

Tuesday, December 6, 2022 6 PM

Hybrid Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=900673&GUID=A1608EE4-2930-4DB7-87AA-0764299B870C&Options=info|&Search= ]

HYBRID MEETING (PARTICIPATE IN-PERSON AT 311 GRAND AVENUE SUITE 105, SEE REMOTE JOIN INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010)

COUNCILMEMBERS

Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Draft Minutes December 6, 2022

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

Absent: FLAG SALUTE

6 – 1 –

Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey, and Kaylee Galloway

Kathy Kershner

Council Chair Todd Donovan called the meeting to order at 6:01 p.m. in a hybrid meeting.

  ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

Satpal Sidhu, County Executive, reported on accomplishments of this past year and the work that lies ahead, and on the recent approval of a levy lid lift to establish a dedicated Healthy Children’s Fund to support young children and families in Whatcom County. He thanked all the County staff for the work they do.

MINUTES CONSENT

   1. MIN2022-080

Buchanan moved to accept the minutes consent items. The motion was seconded by Byrd (see votes on individual items below).

Special Council for November 17, 2022

Buchanan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

 2. MIN2022-081

Committee of the Whole for November 22, 2022

Buchanan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Absent: 1 – Kershner

 Aye: 6 –

Nay: 0 Absent: 1 –

Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Kershner

 Whatcom County

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Council 3.

MIN2022-082

Aye:

Nay: Absent:

Minutes – Draft Minutes December 6, 2022

Regular County Council for November 22, 2022

Buchanan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

  PUBLIC HEARINGS

 1. AB2022-581

Resolution to declare Whatcom County Real Property as Surplus and Approve Sale Donovan opened the Public Hearing and the following people spoke:

· Nathan and Molly Seimears

· Sandra Matheson

Hearing no one else, Donovan closed the Public Hearing.

Andrew Hester, Public Works Department, answered questions about the aerial map.

Buchanan moved and Donovan seconded that the Resolution Requiring a Public Hearing be APPROVED.

Hester continued to answer questions about what property this is and spoke about why it is being surplussed.

Elenbaas stated he would abstain.

Buchanan’s motion that the Resolution Requiring a Public Hearing be APPROVED carried by the following vote:

5- Buchanan, Byrd, Donovan, Frazey, and Galloway 0

1- Kershner

1- Elenbaas

Enactment No: RES 2022-051

Request authorization for the County Executive to enter into an Interlocal Agreement with the City of Blaine concerning planning, annexation and development within the Blaine Urban Growth Area

 Aye:

Nay: Absent: Abstain:

2. AB2022-587

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 3.

AB2022-642

Request authorization for the County Executive to enter into an Interlocal Agreement with the City of Ferndale concerning planning, annexation and development within the Ferndale Urban Growth Area

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Frazey moved and Byrd seconded that the Agreement Requiring a Public Hearing be AUTHORIZED. The motion carried by the following vote:

4.

AB2022-643

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Frazey moved and Buchanan seconded that the Agreement Requiring a Public Hearing be AUTHORIZED. The motion carried by the following vote:

Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Absent: 1 – Kershner

 Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Absent: 1 – Kershner

  Whatcom County

Request authorization for County Executive to enter into an Interlocal Agreement between Whatcom County and the seven cities concerning procedures for amending the Countywide Planning Policies

Donovan opened the Public Hearing and the following person spoke: · Todd Lagestee

Hearing no one else, Donovan closed the Public Hearing.

Galloway moved and Buchanan seconded that the Agreement Requiring a Public Hearing be AUTHORIZED.

Matt Aamot, Planning and Development Services Department, answered whether he had a response to the citizen who spoke, who has the final say on passage of an initiated amendment as referenced on page two of the proposed Interlocal Agreement, and whether the requirements for approving amendments have changed since the Council discussed it a few years ago.

Galloway’s motion that the Agreement Requiring a Public Hearing be AUTHORIZED carried by the following vote:

Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

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 5.

Nay: Absent:

AB2022-650

0

1 – Kershner

Ordinance Establishing Temporary one way traffic on Drayton Harbor Road Donovan opened the Public Hearing and the following people spoke:

· Becky Savo

· David Hamilton

· Victor Missick

· Pete Terry

· Jennifer Plombon

Hearing no one else, Donovan closed the Public Hearing.

Byrd moved and Galloway seconded that the Ordinance Requiring a Public Hearing be HELD IN COUNCIL.

Donovan asked if he would like to hold it until the next meeting and Byrd said he was okay with that if it works for staff.

Councilmembers spoke about continuing to engage the community and seeing if they can explore alternatives that might be more accommodating

to the community while also achieving the County’s construction goals, why they cannot use alternating lights, requesting staff to look at the issues this poses to postal service delivery as presented by one of the speakers, and requesting staff to find out what they are planning to do with the bus stop.

The following staff spoke:

· Jim Karcher, Public Works Department

· Doug Ranney, Public Works Department

Ranney stated they would address the concerns of the citizens, and

AB2022-653 could also be put on hold if they decide to do so on this item. Byrd’s motion that the Ordinance Requiring a Public Hearing be HELD IN

COUNCIL carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Ordinance to install stop signs on Bay Road at the intersection with Kickerville Road

 6.

Aye:

Nay: Absent:

AB2022-651

  Whatcom County

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 7.

AB2022-652

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Elenbaas moved and Frazey seconded that the Ordinance Requiring a Public Hearing be ADOPTED. He spoke about his experience driving on this road.

Elenbaas’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0

Aye: Absent:

1 – Kershner

Enactment No: ORD 2022-087

Ordinance to install stop signs on Bay Road at the intersection with Valley View Road

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Elenbaas spoke about his experience driving at this intersection and asked how they would let people know there is a stop sign there.

Doug Ranney, Public Works Department, answered which location was coming to blows because of the lack of traffic control and stated it was at Drayton Harbor.

Councilmembers voted but no one had made a motion so they came back to this item later.

 Enactment No: ORD 2022-088 See motion and vote on this item after AB2022-653 below.

8. AB2022-653

Ordinance to remove a temporary stop sign on Drayton Harbor Road Donovan opened the Public Hearing and the following person spoke:

· Name not stated (resident at Drayton Harbor Road) Hearing no one else, Donovan closed the Public Hearing.

Galloway moved and Buchanan seconded that the Ordinance Requiring a Public Hearing be HELD IN COUNCIL until the next meeting. The motion carried by the following vote:

  Whatcom County

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Minutes – Draft Minutes December 6, 2022

 Aye:

Nay: Absent:

7. AB2022-652

Aye:

Nay: Absent:

9. AB2022-654

Aye:

Nay: Absent:

10. AB2022-665

Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

6 – 0 1 –

Clerk’s note: Councilmembers held a public hearing and discussed this item earlier before AB2022-653.

Frazey moved and Buchanan seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Enactment No: ORD 2022-088

Ordinance to remove stop signs on Harksell Road at the intersection with Woodland Road

Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Frazey moved and Galloway seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Enactment No: ORD 2022-089

Ordinance authorizing the 2023 Whatcom County Unified Fee Schedule Donovan opened the Public Hearing and the following person spoke:

· Todd Lagestee

Hearing no one else, Donovan closed the Public Hearing.

Frazey moved and Galloway seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Byrd asked if they could hold this item and have the Emergency Medical Services (EMS) information included in this schedule.

Kershner

Ordinance to install stop signs on Bay Road at the intersection with Valley View Road

    Whatcom County

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 11.

AB2022-673

Aye: 4 –

Nay: 2 – Absent: 1 –

Buchanan, Donovan, Frazey, and Galloway Byrd, and Elenbaas

Kershner

Tyler Schroeder, Director of Administrative Services, answered whether this item is time-sensitive, whether the fees referenced by the speaker are federal reimbursement fees, and whether the fees are charged by the County or by the districts. He stated the 2016 through 2022 fee schedules are the fees that are being collected by the districts or by the providers. It is not in the Unified Fee Schedule because Whatcom County does not actually collect those fees.

Councilmembers discussed the motion.

Schroeder answered whether the districts are charging these fees but the district fee schedules are approved by the Council, when that would come to the Council, and whether it is an annual thing.

Frazey’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

Enactment No: ORD 2022-090

Ordinance amending Whatcom County Code Chapter 3.72 (Construction Projects-Apprenticeship Requirements) to extend the start dates and enhance the requirements for utilization of the contractor apprenticeship program

Donovan opened the Public Hearing and the following person spoke: · Mary Gibb

Hearing no one else, Donovan closed the Public Hearing.

Galloway moved and Frazey seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Galloway thanked the Public Works Department and the Administration for working with her on this.

Galloway’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0

  Whatcom County

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 12.

Absent:

AB2022-688

1 – Kershner

Enactment No: ORD 2022-091

Ordinance authorizing the levy of taxes for Whatcom County and state purposes in Whatcom County, Washington, for the year of 2023

Donovan stated there are substitute versions of the Ordinance. He reported for the Committee of the Whole Executive Session and stated these funds will be dedicated to the Healthy Children’s Fund. If those funds are not fully used they become banked capacity. They can only be used for Proposition five. This item was not an initiative but was put on the ballot by Council. The question they will consider is the rate, and according to the Attorneys, the Council has the authority to pick a different rate.

Byrd stated the General Fund Levy is not the General Fund account (where the money would be held). It is the tax mechanism that allows them to collect the tax.

Karen Frakes, Prosecuting Attorney’s Office, spoke about the concept of banked capacity and stated if the County does not certify the full $.19 increase and instead certifies $.16, that $.03 difference becomes what is referred to as banked capacity and it can be used in the future. When it is used it has to be used for the purposes outlined in the original Ordinance establishing the proposition.

Buchanan stated the Council needs to create the fund but they cannot create the fund until this Ordinance is adopted to levy the tax.

Donovan opened the Public Hearing and the following people spoke:

· Rachel Lucy

· Leslie Farris

· Deborah Parker

· John Marshall

· Elizabeth Oakes Roach

· Eliana and Annie Russell

· Russ Pfeiffer-Hoyt

· Joe Nolting

· David Lynch

· Bodi Hallett

· Ray Deck

· Brian (last name not stated)

  Whatcom County

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December 6, 2022

 · Chao-Ying Wu

· Shala Erlich

· Kim Lund

· Heather Powell

· Sati Mookherjee

· Vesla Tonnessen

· Simon Bakke

· Mike Hammes

· Sierra James

· Anna Palmer

· Kyle Kirsty

· Zach Coen

· Colton Redtfeldt

· Rebecca Quirke

· Andrew Shelton

· Rachel Kingsley

· John McDonald

· Bryant Engebretson

· Maya Morales

· Name not stated

· Todd Lagestee

· Christina Jackson

· Meredith Hayes

· Name inaudible

· Katya (last name not stated)

· Maya Hill

· Cathy MacKay

· Janet Johnson

· Nathan Evans

· Andrew Hanson

· Heather Flaherty

· Lyle Sorenson

· David Gell

· Pasquale Carbone

· Name not stated

· Oliver Trulock

· Name not stated

· Kris Halterman

· Misty Flowers

 Whatcom County

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December 6, 2022

 · Rebecca Lewis

· Brendan Walter

· Jennifer Wright

· Name not stated

· Klaus Klix

· Sara Rose

· Jerry Hunter

· Brel Froebe

· Danielle Humphreys

· Amy

· Natalie Chavez

· Travis Lofland

· Erin Lynch

· Enoch Mann

Hearing no one else, Donovan closed the Public Hearing.

Buchanan moved and Galloway seconded that the SUBSTITUTE Ordinance Version B be ADOPTED.

Buchanan spoke about the motion, voter intent, the timing of the property assessment, and the need for this in our community and stated his motion is for “Substitute Ordinance Version B (2)” (on file).

Tyler Schroeder, Director of Administrative Services, answered how many Whatcom County levies are budget-based and how many are rate-based. He stated that Washington State has a budget-based system of property taxation according to Municipal Research and Services Center of Washington (MRSC).

Elenbaas spoke about what the actual plan is for how the money is going to be spent, how the Council districts voted on this levy, and how that compared to how they voted on the Emergency Medical Services (EMS) levy.

Schroeder answered how it is determined what percentage is a passing vote.

Galloway spoke about the motion and moved to amend the sixth whereas statement in “Substitute Ordinance Version B (2)” to strike the word “approximately” and the words “Section 2 of” so that it would read:

WHEREAS, the levy lid lift authorized the county to increase the

 Whatcom County

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Minutes – Draft Minutes December 6, 2022

 Aye:

Nay: Absent:

OPEN SESSION

Buchanan, Donovan, Frazey, and Galloway Byrd, and Elenbaas

Kershner

General Fund levy in 2023 and in the following 9 years approximately by $0.19 per $1,000 of assessed value of taxable property within the County, with proceeds deposited in a separate fund (“Healthy Children’s Fund) and spent according to Section 2 of Ordinance 2022-045; and

The motion was seconded by Buchanan.

The motion to amend carried by the following vote:

Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0

Absent: 1 – Kershner

Councilmembers discussed the motion to adopt the Substitute Ordinance as amended.

Buchanan stated that his motion includes Exhibit A that was emailed by the Clerk of the Council tonight.

Dana Brown-Davis, Clerk of the Council, answered a question about Exhibit A.

Buchanan’s motion that the SUBSTITUTE Ordinance Requiring a Public Hearing be ADOPTED AS AMENDED carried by the following vote:

  4 –

2 –

1 –

Enactment No: ORD 2022-092

 Clerk’s note: Councilmembers took a short break. The following people spoke:

· Name not stated

· Chris Van Staalduinen

· Name not stated

· Andrew Hanson

· Name not stated

· Cliff Langley

· Maya Morales

 Whatcom County

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December 6, 2022

 · Jerry Burns

· Todd Lagestee

· Jason McGill

· Dean Wight

· Pam (last name not stated)

· Name not stated

· Heather Katahdin

· Lyle Sorenson

· Name not stated

· Kris Halterman

· Misty Flowers

· Name not stated

· Susan

· Klaus Klix

· Lindy McDonough

· Brel Froebe

· Sara Rose

· Natalie Chavez

· Amy

· Travis Lofland

Hearing no one else, Donovan closed the Open Session.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

Byrd reported for the Finance and Administrative Services Committee and moved to approve all the Consent Agenda items except for item number 30 (AB2022-718).

Dana Brown-Davis, Clerk of the Council, answered whether AB2022-732 needs to be considered separately and stated that AB2022-687 and AB2022-693 were requested by citizens to be discussed separately.

Elenbaas requested to vote separately on Consent Agenda item numbers 10 and 15 (AB2022-687 and AB2022-693).

Donovan stated Consent Agenda items 10, 15, 30, and 32 will be voted on separately so Byrd’s motion will be for all the Consent Agenda items except for those.

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 1. AB2022-667

Tyler Schroeder, Director of Administrative Services, answered whether Sun Community Services (as referenced in AB2022-680) is a new group, how may employees they have, and whether they do anything else other than manage the Sun House.

Councilmembers voted on the Consent Agenda items (see votes on individual items below and also see items considered separately after the Consent Agenda).

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Whatcom Conservation District for outreach, education and technical assistance with BBWARM stormwater programs, in the amount of $93,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Byrd 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:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Whatcom Conservation District for education and outreach assistance with Lake Whatcom stormwater utility stormwater programs, in the amount of $64,600

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lydia Place to support operations at the permanent supportive housing facility known as Heart House in the amount of $63,000 for a total amended contract amount of $120,145

Byrd 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:

Nay: Absent:

2. AB2022-668

Aye:

Nay: Absent:

3. AB2022-676

   Whatcom County

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 Aye:

Nay: Absent:

4. AB2022-679

6 – 0 1 –

Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Kershner

 Aye:

Nay: Absent:

5. AB2022-680

Aye:

Nay: Absent:

6. AB2022-683

Aye:

Nay: Absent:

7. AB2022-684

Whatcom County

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Julota to integrate data among various data storage platforms used to track and monitor services and care provided to individuals frequently seen by the Health Department’s Response Systems Division Programs in the amount of $85,207 for a total amended contract amount of $168,418

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into a contract between Whatcom County and Sun Community Services for emergency shelter operations at Sun House, in the amount of $482,755

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into a contract between Whatcom County and Thomson Reuters for legal research purposes, in the amount of $87,234.19

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into a contract between Whatcom County and Domestic Violence & Sexual Assault Services to operate

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 Aye:

Nay: Absent:

8. AB2022-685

Aye:

Nay: Absent:

9. AB2022-686

emergency domestic violence shelters, in the amount of $50,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and City of Bellingham to provide funding to support the GRACE Program in the amount of $392,000 annually

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Acme Water District No. 18 (Water District) for inclusion of the Water District’s utility improvements into the Jones Creek Debris Flow Risk Reduction Project, for a cost share amount of $33,000.00 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Byrd 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:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the U.S Department of Justice for the FY 2022 Community Oriented Policing Services (COPS) Technology and Equipment Program Grant, in the amount of $300,000.00

  Aye:

Nay: Absent:

10. AB2022-687

 This item was considered separately. See below after the Consent Agenda.

11. AB2022-689 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Whatcom Conservation District (WCD) for continued

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 Aye:

Nay: Absent:

12. AB2022-690

Aye:

Nay: Absent:

13. AB2022-691

Aye:

Nay: Absent:

14. AB2022-692

technical assistance for Flood Project Implementation, in the amount of $40,000.00 over two years (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Byrd 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:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Regional Council to extend Nursing Services in the Jail and increase the maximun annual compensation by $128,382.00 for a total of $1,782,522

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington Traffic Safety Commission for High Visibility Enforcement (HVE) patrols, in the amount of $8,250.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington Traffic Safety Commission for High Visibility Enforcement (HVE) patrols to address road safety for pedestrians and bicyclists, in the amount of $14,000.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

    Whatcom County

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 15.

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and U.S. Department of Justice Drug Enforcement Administration for Cooperative State and Local Task Force Agreement FY2023

Aye:

Nay: Absent:

AB2022-693

6 – 0 1 –

Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Kershner

 This item was considered separately. See below after the Consent Agenda.

16. AB2022-697

Aye:

Nay: Absent:

17. AB2022-698

Aye:

Nay: Absent:

18. AB2022-699

Request authorization for the County Executive to enter into a Local Agency Standard Consultant Agreement Supplemental No. 1 between Whatcom County and KPFF, Inc. to provide on-call professional mechanical engineering support for the Whatcom County ferry program in the amount of $40,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into a Local Agency Standard Consultant Agreement Supplemental No. 1 between Whatcom County and KPFF, Inc. to provide on-call professional structural engineering support for the Whatcom County bridge program

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into a Local Agency Standard Consultant Agreement Supplement No. 1 between Whatcom County and Trantech Engineering, LLC to provide on-call professional structural engineering support for the Whatcom County bridge program in the amount of $40,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

    Whatcom County

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 Aye:

Nay: Absent:

19. AB2022-700

Aye:

Nay: Absent:

20. AB2022-701

Aye:

Nay: Absent:

21. AB2022-702

Aye:

Nay: Absent:

22. AB2022-703

6 – 0 1 –

Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Kershner

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and the Washington State Department of Health for the delivery and funding of various public health services in the amount of $109,206, for a total amended agreement amount of $8,487,174

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter in to a Collective Bargaining Agreement between Whatcom County and the Washington State Nurses Association for the period of January 1, 2023 – December 31, 2025

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into a contract between Whatcom County and the Washington State Office of Public Defense for the purpose of improving the quality of public defense services in the amount of $200,639.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into a contract between Whatcom County and Mount Baker Foothills Chamber of Commerce in the amount of $125,000

     Whatcom County

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 Aye:

Nay: Absent:

23. AB2022-704

Aye:

Nay: Absent:

24. AB2022-705

Aye:

Nay: Absent:

25. AB2022-709

Aye:

Nay: Absent:

26. AB2022-711

Whatcom County

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into a contract between Whatcom County and Birch Bay Chamber of Commerce in the amount of $130,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into an agreement between Whatcom County and Bellingham Whatcom County Tourism in the amount of $250,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into an agreement between Whatcom County and Northwest Regional Council in support of the Meals on Wheels Program in the amount of $120,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into a lease/contract between

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 27. AB2022-714

Request authorization for the County Executive to enter into a contract with Midwest Employer Casualty renewal for insurance protection for the self-insured workers compensation program in the amount of $107,590 for calendar year 2023

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

28. AB2022-715

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Summit Law Group to provide legal services for matters related to collective bargaining, in the amount not to exceed $89,076 annually through December 31, 2023

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Whatcom County and Unity-Flora Development LLC, to lease space at 104 Unity Street, Bellingham, in the amount of $88,512

Byrd reported for the Finance and Administrative Services Committee and moved that the Request for Motion be APPROVED by consent. The motion carried by the following vote:

Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Absent: 1 – Kershner

 Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Absent: 1 – Kershner

 29. AB2022-716

Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Absent: 1 – Kershner

  Whatcom County

Request authorization for the County Executive to enter into interlocal agreement amendment between Whatcom County and the Whatcom Council of Governments for provision of Boundary Review Board administration

Byrd 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 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

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 30.

Nay: Absent:

AB2022-718

0

1 – Kershner

Request authorization for the County Executive to enter into an agreement between Whatcom County and Habitat for Humanity for their purchase of a property in Everson for construction of 30 homes in the amount of $449,256

 This item was considered separately. See below after the Consent Agenda.

31. AB2022-719

Aye:

Nay: Absent:

32. AB2022-720

Request approval for the County Executive to award Bid #22-58 Medical Outreach Van Modifications and enter into a contract between Whatcom County and North Point Metalworks, in the amount of $45,096.15

Byrd reported for the Finance and Administrative Services Committee and moved that the Bid Award be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Resolution certifying Whatcom County’s property tax levies for collection in 2023 to the County Assessor

  Enactment No: RES 2022-052

This item was considered separately. See below after the Consent Agenda.

CONSENT AGENDA ITEMS CONSIDERED SEPARATELY

 10. AB2022-687

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the U.S Department of Justice for the FY 2022 Community Oriented Policing Services (COPS) Technology and Equipment Program Grant, in the amount of $300,000.00

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED.

Tyler Schroeder, Director of Administrative Services, briefed the Councilmembers.

Elenbaas stated that every dollar goes for equipment.

Byrd’s motion that the Interlocal be AUTHORIZED carried by the following vote:

  Whatcom County

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 15.

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and U.S. Department of Justice Drug Enforcement Administration for Cooperative State and Local Task Force Agreement FY2023

Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED.

Elenbaas stated he wanted to point out that this is a no-cost no-reimbursement agreement required by U. S. Drug Enforcement Administration (DEA) for the Sheriff’s Office Drug Task Force to be located in the DEA’s offices.

Byrd’s motion that the Interlocal be AUTHORIZED carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into an agreement between Whatcom County and Habitat for Humanity for their purchase of a property in Everson for construction of 30 homes in the amount of $449,256

Buchanan moved and Galloway seconded that the SUBSTITUTE Contract be AUTHORIZED.

Frazey and Byrd explained why they were the dissenting voters in Committee and Councilmembers discussed the motion.

Byrd stated he voted no but he got his question answered about how to better disclose to people so they know what they are getting into if they choose to buy a house out there.

Frazey stated her reason was that part of the land is in the 100-year flood zone and it was under water twelve months ago. They are going to raise the structures two feet, but where does that water go? She does not think it is responsible to build on land that was flooded twelve months ago when they keep building on this land and funneling the water other places.

Councilmembers discussed the motion and the following people spoke and

Aye:

Nay: Absent:

AB2022-693

6 – 0 1 –

Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Kershner

 30.

Aye:

Nay: Absent:

AB2022-718

  Whatcom County

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Council

Minutes – Draft Minutes December 6, 2022

 32.

Aye:

Nay: Absent:

AB2022-720

answered questions:

· Marcelo Pratesi, Habitat for Humanity

· Chris van Staalduinen, Habitat for Humanity

They answered what has been done to plan for mitigation and notification, what studies have been done, what work with the Federal Emergency Management Agency (FEMA) has been done, what assurance there is of flood insurance, and whether they are asking for a zone change from commercial to residential.

Dana Brown-Davis, Clerk of the Council, mentioned for the record that this is a substitute version of the contract.

Buchanan’s motion that the SUBSTITUTE Contract be AUTHORIZED carried by the following vote:

5- Buchanan, Byrd, Donovan, Elenbaas, and Galloway

1- Frazey

1- Kershner

Resolution certifying Whatcom County’s property tax levies for collection in 2023 to the County Assessor

Byrd reported for the Finance and Administrative Services Committee and moved that the SUBSTITUTE Resolution be APPROVED.

Cathy Halka, Council Legislative Analyst, answered which substitute version they would be voting on and spoke about the differences between “Substitute Resolution Version A” and “Substitute Resolution Version B.”

They voted on whether to approve version B.

Byrd’s motion that the SUBSTITUTE (Version B) Resolution be APPROVED carried by the following vote:

5- Buchanan, Byrd, Donovan, Frazey, and Galloway 1- Elenbaas

1- Kershner

Enactment No: RES 2022-052

Action and Natural Resources Committee)

 OTHER ITEMS (From Council Climate

Aye:

Nay: Absent:

  Whatcom County

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Council 1.

AB2022-636

Aye:

Nay: Absent:

AB2022-661

Aye:

Nay: Absent:

Minutes – Draft Minutes December 6, 2022

Ordinance amending Whatcom County Code 2.118, reactivating the Whatcom County Wildlife Advisory Committee beyond December 31, 2022

Galloway reported for the Climate Action and Natural Resources Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

5- Buchanan, Byrd, Donovan, Frazey, and Galloway 1- Elenbaas

1- Kershner

Enactment No: ORD 2022-093

Ordinance amending Whatcom County Code 16.20, Whatcom County Shellfish Protection Districts

Galloway reported for the Climate Action and Natural Resources Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Enactment No: ORD 2022-094

and Administrative Services Committee)

Ordinance amending the Silver Beach Creek Stormwater Improvements Project Fund, request No. 1

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Enactment No: ORD 2022-095

Ordinance amending the 2023 Whatcom County Budget, request no. 1, in the amount of $9,737,304

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following

  2.

 (From Council Finance

3. AB2022-657

Aye:

Nay: Absent:

4. AB2022-659

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December 6, 2022

 5. AB2022-660

Ordinance amending the project based budget for the North Lake Samish Road Bridge No. 107 Replacement Fund, request no. 2

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

6. AB2022-662

Enactment No: ORD 2022-097

Ordinance amending the 2022 Whatcom County Budget, request no. 16, in the amount of $636,513

Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

vote: Aye: 6 –

Nay: 0 Absent: 1 –

Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Kershner

Enactment No: ORD 2022-096

 Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Absent: 1 – Kershner

 7. AB2022-675

Enactment No: ORD 2022-098

Request authorization for the County Executive to enter into a contract between Whatcom County and World Relief Western Washington to facilitate distribution of refugee relief funds, in the amount of $150,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote:

Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Absent: 1 – Kershner

 Aye: 6 –

Nay: 0 Absent: 1 –

Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Kershner

 Whatcom County

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Council 8.

AB2022-677

Minutes – Draft Minutes December 6, 2022

Request authorization for the County Executive to enter into a contract between Whatcom County and Northwest Youth Services to support the Positive Adolescent Development Program in the amount of $115,000

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be HELD IN COMMITTEE.

Buchanan made a motion to approve the contract but a motion to hold was already on the floor.

Councilmembers discussed the motion to hold.

The following people spoke and answered questions:

· Satpal Sidhu, County Executive

· Tyler Schroeder, Executive’s Office

· Dana Brown-Davis, Clerk of the Council

· Jason McGill, Northwest Youth Services Executive Director

They discussed with Councilmembers whether this is money for the Positive Adolescent Development (PAD) program, whether Council could approve the funding and then just institute some conditions with it such as coming back in a certain number of months to give a report or sending a draft community engagement plan, how many months they should set for coming back to the Council, whether they could add terms without the contract having to be re-introduced or re-written, whether staff will be lost if they do not say yes to this tonight, the narrative that there are crimes at the PAD, whether the PAD will not allow the Bellingham Police Department inside, whether the contract has to be approved on a yearly basis or whether it can be approved for smaller increments of time, whether it is things like breaking curfew (as opposed to crime) that show up on a police blotter for this program, having more early engagement with things like this so that Councilmembers are not faced with an ultimatum such as people losing their jobs if they do not approve, and whether all County contracts should be broken up into smaller chunks of time.

The motion to hold failed by the following vote: Aye: 2 – Byrd and Elenbaas

Nay: 4 – Donovan, Frazey, Galloway, and Buchanan Absent: 1 – Kershner

Buchanan moved and Galloway seconded that the Contract be AUTHORIZED.

   Whatcom County

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Minutes – Draft Minutes December 6, 2022

 9.

Aye:

Nay: Absent:

AB2022-681

Aye:

Nay: Absent:

AB2022-678

Galloway suggested a friendly amendment to the motion to add a condition of having an update at the first meeting in April as well as a presentation on a community engagement plan.

The motion was seconded by Frazey and accepted by Buchanan. Councilmembers discussed the motion.

Buchanan’s motion that the Contract be AUTHORIZED AS AMENDED carried by the following vote:

4- Buchanan, Donovan, Frazey, and Galloway 2- Byrd, and Elenbaas

1- Kershner

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 $607,235 for a total amended contract amount of $1,456,130

Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote:

4- Buchanan, Donovan, Frazey, and Galloway 2- Byrd, and Elenbaas

1- Kershner

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 $482,572 for a total amended contract amount of $1,053,814

Byrd reported for the Finance and Administrative Services Committee and stated it was recommended that it be held in Committee.

Buchanan moved and Galloway seconded that the Contract be AUTHORIZED with the same conditions that Councilmember Galloway laid out for the other (AB2022-677) contract (having an update at the first meeting in April as well as a submission of a community engagement plan).

Jason McGill, Northwest Youth Services Executive Director, answered whether staff would lose their jobs in January if this were not approved tonight.

 10.

  Whatcom County

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Minutes – Draft Minutes December 6, 2022

 Aye: 4-

Nay: 2- Absent: 1-

Buchanan, Donovan, Frazey, and Galloway Byrd, and Elenbaas

Kershner

Councilmembers discussed the motion.

Buchanan’s motion that the Contract be AUTHORIZED AS AMENDED carried by the following vote:

(From Council Planning and Development Committee)

11. AB2022-627

Resolution approving recommendations on three applications for open space current use assessment

Elenbaas reported for the Planning and Development Committee and moved that the Resolution be APPROVED. The motion carried by the following vote:

 Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Absent: 1 – Kershner

Enactment No: RES 2022-053

CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

  1. AB2022-696

Request confirmation of the County Executive’s appointment of Valerie Billmire to the Whatcom County Housing Authority Board of Commissioners

Buchanan moved and Galloway seconded that the Executive Appointment be CONFIRMED.

Satpal Sidhu, County Executive, answered if there was more than one applicant for this position. He stated there was only one.

Buchanan’s motion that the Executive Appointment be CONFIRMED carried by the following vote:

 Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Absent: 1 – Kershner

ITEMS ADDED BY REVISION

There were no agenda items added by revision.

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Council Minutes – Draft Minutes December 6, 2022 INTRODUCTION ITEMS

  1. AB2022-641

Ordinance adopting the Buildable Lands Report

Buchanan moved that the Ordinance Requiring a Public Hearing be introduced but Donovan stated that the Committee recommended to hold it. The motion failed for lack of a second.

Elenbaas moved and Buchanan seconded that the Ordinance Requiring a Public Hearing be removed from Introduction and WITHDRAWN. The motion carried by the following vote:

 Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Absent: 1 – Kershner

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

 ADJOURN

Councilmembers gave committee reports and other updates.

Karen Frakes, Prosecuting Attorney’s Office, answered whether they can forward the letter that Council received from an attorney regarding Proposition five to anyone who requests it. She stated it would be fully available to the public without redaction.

Galloway requested they look ahead to the upcoming year and think about doing another Council retreat in the first quarter of the year to have conversations about what everyone’s priorities are for the next year so they can work together on those.

Satpal Sidhu, County Executive, said happy holidays and stated he would be traveling to India.

The meeting adjourned at 1:04 a.m. on Wednesday, December 7, 2022.

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Minutes – Draft Minutes

December 6, 2022

 ATTEST:

______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Todd Donovan, Council Chair

 Whatcom County

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