March 6, 2023 Dena Jensen
In this post – which will be a work in progress during the course of this year – you’ll find the content of the Whatcom County Council regular meeting minutes that have been approved so far for 2023, here in one place. 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.
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.
My goal is to continue to build on a project of assembling local government meeting minutes into year-long batches that can be searched for material like a topic, presentation, person in attendance, or actions of the members of the body that is meeting.
I recently created a Searchable Minutes page on this blog site where folks can find links to all the posts of different years of Whatcom County Council and Bellingham City Council searchable minutes I have created so far. Here is the link to that page: https://noisywatersnw.com/searchable-minutes/
Additionally, on a computer, the Searchable Minutes page should show up with other page buttons under the header for my blog site. On a mobile device, the Searchable Minutes page should show up when you click on the Menu button.
Searchable 2023 Whatcom County Council meeting minutes
Whatcom County
Council
COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010
Minutes – Final
Tuesday, January 10, 2023 6 PM
Hybrid Meeting
HYBRID MEETING (PARTICIPATE IN-PERSON, SEE REMOTE JOIN INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010); AGENDA REVISED ON THE FOLLOWING 1.5.2023, 1.9.2023, AND 1.10.2023
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 10, 2023
COUNTY COUNCIL CALL TO ORDER
ROLL CALL Present:
7 –
Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,
Council 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
There was no Executive Report.
MINUTES CONSENT
1. MIN2022-083
Aye:
Nay: Absent:
2. MIN2022-084
Aye:
Nay: Absent:
3. MIN2022-085
Donovan moved to accept the minutes consent items. The motion was seconded by Byrd (see votes on individual items below).
Special Council for December 5, 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 December 6, 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 December 6, 2022
Donovan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:
Whatcom County
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Minutes – Final January 10, 2023
4.
MIN2023-001
Regular County Council for December 6, 2022
Donovan 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
5.
MIN2023-006
Special Council for December 28, 2022
Donovan 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
OPEN SESSION
Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0 Absent: 0
The following people spoke:
· Todd Lagestee
· Mary Sewright
· Aubrey Stargell
· Erik Ferrell
· Quentin Dills
· John Marshall
· Lyle (last name not stated)
· Susan David
· Natalie Chavez
· Denais Nabley
· Michael Feerer
· Emily Freudenberger
· Name not stated
Council staff played a short instructional video about how to speak at the meeting and the following people spoke:
Whatcom County
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Council
Minutes – Final
January 10, 2023
· Alexander Harris
· Laura Weiss
· Misty Flowers
· Bill Turner
· Skip Hamilton
· Rob Lewis
· Jon Larson
· Doug Cooper
· Jillian Froebe
· Elizabeth Kerwin
· Pam Turner
· Daniel Harm
· Heath Heikklia
· Kai Clarke
· Michele Cameron
· Sara Rose
· Brel Froebe
· HJ (Name not stated)
· Richard Johnson
· Susan (Last name not given)
· Cliff (Last name not given)
· Karla Rae
Hearing no one else, Buchanan closed the Open Session. Councilmembers took a short break.
CONSENT AGENDA
(From Council Finance and Administrative Services Committee)
1. AB2022-707
Kershner reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through 20 (except for item six [AB2022-728] which had been withdrawn from the agenda) and 22 through 26. 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 Domestic Violence and Sexual Assault Services for administrative, management and support services in the amount of $180,000
Kershner reported for the Finance and Administrative Services Committee
Whatcom County
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Minutes – Final January 10, 2023
2. AB2022-723
Request authorization for the County Executive to enter into an agreement between Whatcom County and Bellingham Food Bank to procure, warehouse and distribute food and other essentials to low and very low income families in the amount of $276,000
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:
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
3. AB2022-724
Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Clean Earth Environmental Solutions, Inc. to operate the County’s moderate risk waste facility known as Disposal of Toxics in the amount of $120,000 for a total amended contract amount of $1,320,000
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, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 – Elenbaas Absent: 0
4. AB2022-726
Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and Snohomish County to implement youth cannabis and tobacco prevention activities in the amount of $31,000 for a total amended contract amount of $56,000
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, 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 January 10, 2023
Absent:
5. AB2022-727
Aye:
Nay: Absent:
6. AB2022-728
7. AB2022-729
Aye:
Nay: Absent:
8. AB2022-730
Aye:
Nay: Absent:
0
Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and Island County to implement youth cannabis and tobacco prevention activities in the amount of $25,000 for a total amended contract amount of $50,000
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, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas
0
Request authorization for the County Executive to enter into an agreement between Whatcom County and Whatcom Conservation District to administer the Firewise fire risk reduction program throughout Whatcom County in the amount of $80,000
This agenda item was WITHDRAWN.
Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and United General District 304 to implement youth cannabis and tobacco prevention activities, in the amount of $81,650
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, 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 San Juan County to implement youth cannabis and tobacco prevention activities in the amount of $25,000 for a total amended contract amount of $50,000
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 – 1 – 0
Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner Elenbaas
Whatcom County
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Council
9. AB2022-733
Minutes – Final January 10, 2023
Request authorization for the County Executive to enter into an interagency agreement between Whatcom County and the State of Washington Department of Ecology for Whatcom Marine Resources Committee (MRC) Operations and Projects, in the amount of $75,846.00 (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, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas
0
Request authorization for the County Executive to enter into a contract between Whatcom County and FLO Analytics to accurately map all Whatcom County solid waste landfills and their associated 1000’ buffer zones, in the amount of $51,655
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:
6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas
0
Request authorization for County Executive to enter into an interlocal agreement between Whatcom County and the City of Bellingham for the County to provide probation services to the City
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, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas
0
Request authorization for County Executive to enter into an interlocal agreement between Whatcom County and the City of Blaine for the County to provide probation services to the City
Kershner reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
Aye:
Nay: Absent:
10. AB2022-734
Aye:
Nay: Absent:
11. AB2023-005
Aye:
Nay: Absent:
12. AB2023-006
Whatcom County
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Minutes – Final January 10, 2023 carried by the following vote:
6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas
0
Request authorization for County Executive to enter into an interlocal agreement between Whatcom County and the City of Everson for the County to provide probation services to the City
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, 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 Washington State Department of Transportation, to obligate federal Emergency Relief funding in the amount of $1,840,000
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, Byrd, Donovan, Frazey, Galloway, and Kershner
1 – Elenbaas
0
Resolution to approve annual petition for refunds paid list consistent with RCW 84.69.020.
Kershner reported for the Finance and Administrative Services Committee and moved that the Resolution be APPROVED. The motion carried by the following vote:
6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas
0
Enactment No: RES 2023-001
Request authorization for County Executive to enter into an interlocal agreement between Whatcom County and the City of Lynden for the County to provide
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13. AB2023-007
Aye:
Nay: Absent:
14. AB2023-008
Aye:
Nay: Absent:
15. AB2023-012
Aye:
Nay: Absent:
16. AB2023-013
Whatcom County
Aye:
Nay: Absent:
Council
Minutes – Final January 10, 2023
17. AB2023-014
Request authorization for County Executive to enter into an interlocal agreement between Whatcom County and the City of Sumas for the County to provide probation services to the City
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:
18. AB2023-015
Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Military Department for funding for local jurisdictions to prepare for all hazards through the sustainment and enhancement of local emergency management programs in the amount of $80,956
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:
probation services to the City
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, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 – Elenbaas Absent: 0
Aye: 6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 – Elenbaas Absent: 0
19. AB2023-016
Aye: 6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 – Elenbaas Absent: 0
Whatcom County
Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Bellingham for the County to oversee the administration of the Domestic Violence Perpetrator Opportunity for Treatment Funding (DVPOTS)
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, Byrd, Donovan, Frazey, Galloway, and Kershner
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20.
Nay: Absent:
AB2023-019
Aye:
Nay: Absent:
AB2023-024
1 – Elenbaas 0
Request authorization for the County Executive to enter into a contract between Whatcom County and Anchor QEA to prepare a multi-purpose water storage assessment for WRIA 1, in the amount of $150,000.00 (Council acting as the Whatcom County Flood Contol 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, 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 Master’s Touch LLC to provide printing and mailing of tax statements
21.
This item was considered separately (see motion and vote after the Consent Agenda).
22. AB2023-039
Request authorization for the County Executive to enter into a contract between Whatcom County and Whatcom Conservation District in support of the Firewise Wildfire Risk Reduction Program in the amount of $80,000
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:
23. AB2023-041
Aye: 6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 – Elenbaas Absent: 0
Whatcom County
Request authorization for the County Executive to enter into a collective bargaining agreement between Whatcom County and International Organization of Masters, Mates and Pilots and Inlandboatmen’s Union of the Pacific for the period of January 1, 2023 to December 31, 2025
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, Byrd, Donovan, Frazey, Galloway, and Kershner
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Nay: Absent:
24. AB2023-042
Aye:
Nay: Absent:
25. AB2023-043
Aye:
Nay: Absent:
26. AB2023-044
Aye:
Nay: Absent:
1 – Elenbaas 0
Request authorization for a Letter of Understanding between Whatcom County and the Fraternal Order of Police, Matt Herzog Memorial Lodge #24 to amend the Collective Bargaining Agreement for the period January 1, 2022 – December 31, 2024
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:
6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas
0
Request authorization for the County Executive to enter into a Letter of Agreement between Whatcom County and PROTEC17 to amend the Collective Bargaining Agreement for the period January 1, 2022 – December 31, 2023
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:
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 Parks and Recreation Commission for Recreational Boating Safety (RBS) Federal Financial Assistance Grant, in the amount of $18,476.57
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, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas
0
CONSENT AGENDA ITEM CONSIDERED SEPARATELY
21. AB2023-024 Request authorization for the County Executive to enter into a contract amendment
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between Whatcom County and Master’s Touch LLC to provide printing and mailing of tax statements
Kershner 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 Nay: 0
Absent: 0 OTHER ITEMS
(From Council Climate Action and Natural Resources Committee)
Aye:
1. AB2023-048
Discussion and approval of letter regarding Whatcom County’s response to the Washington State Department of Natural Resources regarding Phase II of the Carbon Project
Galloway reported for the Climate Action and Natural Resources Committee and briefed the Councilmembers on the “Revised Draft Letter (Galloway) Following Committee 1.10.2023” (on file).
Donovan moved to approve sending this version of the letter. The motion was seconded by Galloway.
Donovan discussed the changes made to the letter.
Kershner moved to amend the letter to include the last two paragraphs and the four bulleted points in the alternate letter (Alternate Letter (Kershner) 1.10.2023) which starts with:
“We respectfully ask that the Board of Natural Resources direct DNR to provide the following information for each of the seven parcels in Whatcom County identified for potential inclusion in Phase I and II of the Carbon Project:”
The motion was seconded by Elenbaas.
Councilmembers discussed the letter and the motion to amend.
The motion to amend carried by the following vote:
Aye: 6 – Byrd, Buchanan, Elenbaas, Frazey, Galloway, and Kershner Nay: 1 – Donovan
Councilmembers discussed the motion to approve the letter and where the
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approved amendment language will be added.
The motion to approve as amended carried by the following vote: Aye: 5 – Donovan, Frazey, Galloway, Kershner, and Buchanan Nay: 2 – Elenbaas and Byrd
This agenda item was DISCUSSED AND MOTION(S) APPROVED. (From Council Finance and Administrative Services Committee)
2. AB2022-725
Aye:
Nay: Absent:
3. AB2022-731
Aye:
Nay: Absent:
4. AB2023-001
Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Youth Services to operate the Ground Floor Day Use Center in the amount of $160,000 for a total amended contract amount of $576,770
Kershner 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
Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Hunt Forensics for increased costs of services in the amount of $893,449.13 for the total amount of $3,356,602
Kershner reported for the Finance and Administrative Services Committee and moved that the Contract be HELD IN COMMITTEE. 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 Long Term Recovery Group to provide Housing Assistance to those impacted by the November 2021 Floods, in the amount of $2,050,000
Kershner reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED.
Kershner stated she wanted to verify that there is nothing the Council needs to do to make sure that the Whatcom Long Term Recovery Group is going to be able to benefit from reimbursements made to help our community that
Whatcom County
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5.
AB2023-040
Request authorization for the County Executive to enter into an interagency agreement between Whatcom County and the Washington State Department of Ecology for site characterization activities at Plantation Rifle Range, in the amount of $700,000
Kershner reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. The motion carried by the following vote:
6.
AB2023-047
Request authorization for the County Executive to enter into an agreement between Whatcom County and Whatcom Humane Society for animal control and shelter services in the amount of $932,218
Kershner reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote:
started back in July of 2022.
Tyler Schroeder, Director of Administrative Services, stated it is a topic they are continuing to discuss internally to ensure that they can accomplish that, and answered whether there are any policies that the Council needs to change so that that can happen.
Elenbaas asked that contracts that say, “from date of signature to this date” get in front of the Council in a timely manner so they have time to utilize the money and get it to the people that need it.
Kershner’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
Aye: 6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 – Elenbaas Absent: 0
COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. AB2022-640 Appointment to fill a vacancy on Diking District #1, Applicant Carl Douglas Channel Whatcom County Page 13 Printed on 2/27/2023
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2.
Aye:
Nay: Absent:
AB2023-027
Aye:
Nay: Absent:
AB2023-028
Donovan moved and Byrd seconded that Channel be APPOINTED. The motion carried by the following vote:
7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0
0
Appointment to various vacancies on the Board of Equalization, Applicant(s): John Bruton
Donovan moved and Frazey seconded that Bruton be APPOINTED.
Jill Nixon, Council Office Staff, answered how many vacancies there are.
Donovan’s motion that Bruton be APPOINTED carried by the following vote:
7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0
0
Appointment to various vacancies on the Business and Commerce Advisory Committee, Applicant(s): Chris Trout, Casey Diggs, Paul Burrill, Pete Dawson, Andrew Gamble, Debbie Ahl, Russell Tewksbury, Sarah Rothenbuhler, Ryan Allsop, Carole “CJ” Seitz, Eva Schulte, Pamela Brady
Jill Nixon, Council Office Staff, answered whether there are enough vacancies for the number of applicants. She stated the only one they will need to vote on is for the Energy Industry since there are two applicants.
Donovan moved to appoint the following uncontested applicants:
Chris Trout, Manufacturing
Casey Diggs, Retail
Paul Burrill, Food Processing
Pete Dawson, Commercial real estate Debbie Ahl, Health Care
Russell Tewksbury, Internet technology
Sarah Rothenbuhler, and Ryan Allsop, Other For-Profit CJ Seitz, and Eva Schulte, Higher Education (nonvoting)
The motion was seconded by Galloway.
Nixon answered whether there are any positions that do not have an applicant and whether there were any applicants that did not get into the packet.
3.
Whatcom County
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4.
AB2023-029
The motion carried by the following vote:
Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan
Nay: 0
Donovan moved to nominate Andrew Gamble and Pamela Brady for the Energy Industry position. The motion was seconded by Buchanan.
Pamela Brady addressed the Council.
Councilmembers discussed the motion.
Brady was appointed by the following vote:
Pamela Brady: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan
Andrew Gamble: 0
This agenda item was APPOINTED.
Appointment to various vacancies on the Child and Family Well-Being Task Force, Applicant(s): Monika Mahal, Katherine Orlowski, Vann Dartt, Colton Redtfeldt, Rick Tanner, Pamela Jons, Tilda Doughty, Christina Jackson, Anne Granberg
Jill Nixon, Council Office Staff, answered how many vacancies there are.
Frazey stated there is a letter in the packet from the Co-Chairs of the Child and Family Well-Being Task Force with recommendations.
Buchanan moved and Galloway seconded to nominate all the applicants. Councilmembers discussed the fact that there were recommendations for
the appointees.
Monika Mahal, Anne Granberg, Pamela Jons, Tilda Doughty, Christina Jackson, Katherine Orlowski, and Colton Redtfeldt were appointed by the following vote:
Monika Mahal: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Anne Granberg: 5 – Buchanan, Donovan, Frazey, Galloway, and Kershner Pamela Jons: 5 – Buchanan, Byrd, Frazey, Galloway, and Kershner
Tilda Doughty: 5 – Buchanan, Donovan, Frazey, Galloway, and Kershner Christina Jackson: 5 – Buchanan, Donovan, Frazey, Galloway, and Kershner Katherine Orlowski: 4 – Buchanan, Donovan Frazey, and Galloway
Whatcom County
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5.
AB2023-030
Colton Redtfeldt: 4 – Buchanan, Donovan, Frazey, and Galloway Vann Dartt: 3 – Byrd, Donovan, and Elenbaas
Rick Tanner: 3 – Byrd, Elenbaas, and Kershner
Douglas Dickenson: 2 – Elenbaas and Kershner
Nixon read the results into the record.
This agenda item was APPOINTED.
Appointment to various vacancies on the Climate Impact Advisory Committee, Applicant(s): Derek Gremban, Ray Kamada, Stevan Harrell, Phillip Thompson, John Bosche, Michael Karp, Chris Hoops, Regina Jeffries
Galloway moved and Kershner seconded to nominate all the applicants and encourage Councilmembers to vote for six people.
Buchanan stated there are five full terms and one partial term.
Derek Gremban, Ray Kamada, Stevan Harrell, Phillip Thompson, Suneeta Eisenberg, and Regina Jeffries were appointed by the following vote:
Derek Gremban: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Ray Kamada: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Stevan Harrell: 5 – Buchanan, Donovan, Frazey, Galloway, and Kershner Phillip Thompson: 5 – Buchanan, Donovan, Frazey, Galloway, and Kershner Regina Jeffries: 4 – Buchanan, Donovan, Frazey, and Galloway
Suneeta Eisenberg: 4 – Buchanan, Donovan, Frazey, and Galloway
John Bosche: 3 – Byrd, Elenbaas, and Kershner Chris Hoops: 3 – Byrd, Elenbaas, and Kershner Michael Karp: 0
Jill Nixon, Council Office Staff, read the results into the record and stated if Council wants to choose either Regina Jeffries or Suneeta Eisenberg for the partial term that would be helpful.
Byrd moved to appoint Regina Jeffries to the partial term and Suneeta Eisenberg to the full term. The motion was seconded by Kershner.
The motion carried by the following vote:
Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
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6. AB2023-031
Aye:
Nay: Absent:
7. AB2023-032
Derek Gremban addressed the Council after the vote.
This agenda item was APPOINTED.
Appointment to various vacancies on the Drayton Harbor Shellfish Protection District Advisory Committee, Applicant(s): Julie Hirsch
Byrd moved and Kershner seconded that Hirsch be APPOINTED. The motion carried by the following vote:
7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0
0
Appointment to various vacancies on the Horticulture Pest and Disease Board, Applicant(s): Troy Kortus, John Grubb
Kershner moved and Galloway seconded that both Troy Kortus and John Grub be appointed.
Elenbaas spoke about the applicants and stated they will do a wonderful job.
Kershner’s motion that Kortus and Grub be APPOINTED carried by the following vote:
7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0
0
Appointment to various vacancies on the Planning Commission, Applicant(s): William Dominic Moceri
Kershner moved and Donovan seconded that Moceri be APPOINTED. Elenbaas stated he was shocked there was only one applicant.
Jill Nixon, Council Office Staff, answered what the other district is that the vacancy is in.
Kershner’s motion that Moceri be APPOINTED carried by the following vote:
7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0
0
Appointment to various vacancies on the Portage Bay Shellfish Protection District
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Aye:
Nay: Absent:
8. AB2023-033
Aye:
Nay: Absent:
9. AB2023-034 Whatcom County
Council
Minutes – Final January 10, 2023
10.
AB2023-035
Appointment to various vacancies on the Public Health Advisory Board, Applicant(s): Leah Wainman, Madison Emry, Misty Flowers, Hannah Ordos, Robyn Phillips-Madson, Susan Prosser, Adrienne Renz, Ashley Thomasson, Shu-Ling Zhao
Buchanan stated they had a request from the Chair of the Public Health Advisory Board (PHAB) to hold on three of the spots because there are some of the advisory committees that have not fully formed yet and they were wanting applicants to apply from some of those committees.
The following people gave information on the membership requirements in the enabling Ordinance:
· Dana Brown-Davis, Clerk of the Council
· Jill Nixon, Council Office Staff
· Karen Frakes, Prosecuting Attorney’s Office
Buchanan stated the question before them is that the request is to hold until the committees listed in an email from the PHAB are filled out, but the enabling Ordinance does not call these committees out specifically. The Council needs to make the decision whether they want to hold and follow the PHAB’s request or just vote with the applicants they have today.
Byrd moved to vote with the applicants they have today. The motion was seconded by Elenbaas.
The Clerk started to call roll on the motion but Galloway had her hand up. She spoke in favor of the recommendation set forth by the Chair of the PHAB.
Advisory Committee, Applicant(s): Alan Chapman
Kershner moved and Frazey seconded that Chapman be APPOINTED.
Elenbaas stated the applicant is an asset to the committee.
Jill Nixon, Council Office Staff, answered whether the committee has enough members to make a quorum considering all the vacancies.
Kershner’s motion that Chapman be APPOINTED carried by the following vote:
7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0
Aye: Absent: 0
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Jill Nixon, Council Office Staff, reminded the Council that there are two vacancies for terms that end in 2026 and five vacancies for terms that end in 2025.
Kershner stated she does not want to get into the place where the PHAB is taking all of the advice from our advisory boards and funneling it to the Council and she wants to make sure they are not just filling boards with the same people. She will support more voices from the community.
The motion failed by the following vote: Aye: 3 – Byrd, Elenbaas, and Kershner Nay: 3 – Buchanan, Donovan, and Frazey Abstain: 1 – Galloway
Elenbaas stated the file summary states, “Membership preference shall be given to tribal, racial, ethnic, and other minorities” and asked whether the application includes a box for an applicant to check if they identify as any of those things.
Elenbaas moved to nominate all the applicants. The motion was seconded by Byrd.
Galloway confirmed everyone can vote up to seven times or vote for fewer than seven and all appointed committee members would need to have at least four votes.
Four applicants received six votes as follows:
Leah Wainman: 6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Adrienne Renz: 6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Ashley Thomasson: 6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Shu-Ling Zhao: 6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Misty Flowers: 3 – Byrd, Elenbaas, and Kershner
Hannah Ordos: 3 – Byrd, Elenbaas, and Kershner
Susan Prosser: 3 – Byrd, Elenbaas, and Kershner
Robyn Phillips-Madson: 1 – Byrd
Madison Emry: 0
Jill Nixon, Council Office Staff, read the results into the record. Leah Wainman, Adrienne Renz, Ashley Thomasson, and Shu-Ling Zhao were
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appointed. She stated two of those will preferably be chosen to fill the current positions where the terms expire in 2026 and two with terms that expire in 2025. She answered whether that decision has to be made with these four applicants or whether it could be made at a later date with the remainder of the positions. She stated ideally it would be made with this vote so we know who is appointed to which position and we can get their appointment letter sent out and they can begin their service.
Galloway moved to appoint Leah Wainman and Shu-Ling Zhao to the positions with terms expiring in 2026. The motion was seconded by Kershner.
The motion carried by the following vote:
Aye: 6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay:1 – Byrd
Kershner stated there are applicants on the Zoom meeting and we did not ask them if they wanted to give us a 30 second introduction.
Elenbaas stated he finds it unsavory that we have enough applicants for volunteer positions and we are not filling them.
The following applicants spoke after the vote:
· Misty Flowers
· Susan Prosser
· Hannah Ordos
Elenbaas moved to nominate Hannah Ordos, Misty Flowers, and Susan Prosser for the PHAB board. The motion was seconded by Byrd.
Councilmembers discussed the motion.
The motion failed by the following vote: Aye: 3 – Byrd, Elenbaas, and Kershner Nay: 3 – Buchanan, Frazey, and Galloway Abstain: 1 – Donovan
Elenbaas stated he just heard that diversity is important unless it is diversity of thought against the majority. He would encourage them to reconsider even just one of the three applicants.
Galloway stated if the PHAB is not able to identify a representative for those sectors in a few more weeks, we should revisit the existing
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Action Summary: Appointed the following:
Vacancies with terms that expire in 2026 Leah Wainman and Shu-Ling Zhao Vacancies with terms that expire in 2025 Adrienne Renz and Ashley Thomasson
11. AB2023-036
Aye:
Nay: Absent:
12. AB2023-038
Appointment to various vacancies on the Solid Waste Advisory Committee, Applicant(s): Rodd Pemble
Frazey moved and Galloway seconded that Pemble be APPOINTED.
Frazey spoke in favor of the applicant.
Frazey’s motion that Pemble be APPOINTED carried by the following vote:
7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0
0
Appointment to various vacancies on the Flood Control Zone District Advisory Committee, Applicant(s): Albert de Boer, Ron Bronsema, Jeff De Jong, Bruce Bosch, John Perry (Council acting as the Flood Control Zone District Board of Supervisors)
Galloway moved and Buchanan seconded that the applicants be APPOINTED.
Elenbaas stated that he is related to Kurtis Vossbeck.
Galloway’s motion that the applicants be APPOINTED carried by the following vote:
7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0
0
Appointments to various vacancies on the Noxious Weed Control Board, Applicant(s): Alan Yoder and Patricia Lenssen
Frazey thanked Jill Nixon after the vote for putting the voting sheets and memos together.
applications.
This agenda item was APPOINTED.
Aye:
Nay: Absent:
13. AB2023-050
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Byrd moved and Buchanan seconded that Yoder and Lenssen be APPOINTED. 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. AB2023-055
Aye:
Nay: Absent:
2. AB2022-732
Request authorization for the County Executive to enter into an Interlocal Amendment Between Whatcom County, City of Bellingham and Fire Protection District No 7 to pays in accordance with the 2023 portion of the 2023-2028 Levy Plan which
includes a 5th Medic Unit in the amount of $13,837,716
Kershner 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 the Memorandum of Understanding between the North Sound Region Participating Local Governments and North Sound Behavioral Health Administrative Services Organization for the creation of the regional Opioid Abatement Council required by the One Washington Memorandum of Understanding
Karen Frakes, Prosecuting Attorney’s Office, briefed the Councilmembers on the item and answered whether the Council has a copy of anything to look at since they had not seen the agreement yet, and whether there is a timeframe for the item.
Kershner suggested they move the item to the end of the meeting.
The Clerk of the Council sent them the agreement and Councilmembers reviewed it.
Frakes answered what the agreement’s purpose is and whether they will be paying North Sound Behavioral Health Administrative Services Organization an administrative fee to act as the Opioid Abatement Council (OAC).
Byrd moved and Buchanan seconded that the Memorandum of Agreement be AUTHORIZED. The motion carried by the following vote:
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3.
AB2023-062
Resolution in support of adjudication funding in the Washington State 2023 – 2024 biennium
Donovan briefed the Councilmembers.
Elenbaas asked what process was used to get this on the agenda where it was not published and has not been seen by the public.
Galloway stated it may have been inspired by a letter that she was wanting to circulate for feedback and she was hoping the Resolution would be discussed in conjunction with the letter in the Climate Action and Natural Resources Committee.
Donovan stated he just wanted to get it out since the Legislature had its first session yesterday. They can pass it now or put it in committee. If they want to have it in committee he and Galloway cannot talk about their documents since they are on the same committee so is he mostly just trying to get this out for discussion.
Elenbaas spoke about voting on this without giving the agricultural community, rural residents, and the cities the chance to weigh in.
Councilmembers discussed what the Resolution is asking the Legislature to fund, whether they should send this to the Climate Action and Natural Resources Committee for discussion, what fully funding means, whether they are requesting that the State fully funds the legal fees, whether adjudication would be an equitable process since the person with the most money usually wins, and whether the burden of proof could fall on the Department of Ecology (DOE) to prove that the water right holder does not have a right in order to help level the playing field.
Donovan moved to move this and the letter that Councilmember Galloway circulated to the Climate Action and Natural Resources Committee. The motion was seconded by Galloway.
Councilmembers discussed getting someone from the DOE to describe their budget ask and whether they can also have our legislators involved in the conversation.
Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0 Absent: 0
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4.
AB2023-063
Discussion and approval of motion to request the County Executive send a letter of support for Port of Bellingham and Whatcom County Public Utility District (PUD) #1 broadband project, with commitment of $4 million for the Port and $350,000 for the PUD
Buchanan stated they received a letter for review.
Donovan stated the letter on file (in the Legislative Information Center) mentions the $350,000 and asked whether there was another one that has the $4 million.
Kershner moved and Galloway seconded that the Request to send the letters be APPROVED.
Frazey stated she hopes they take Port of Bellingham Commissioner Michael Shepard’s invitation that they have some representation (a staff member, and if not possible, then a Councilmember) in the broadband discussions.
Tyler Schroeder, Director of Administrative Services, stated he has been working with the PUD and the Port to draft how to include County representation on the broadband workgroup. He will bring something back to Council.
Frazey spoke about her frustration about not getting information in a timely manner.
Schroeder discussed with the Councilmembers what the workgroup would be, and whether a councilmember or staff member would be more appropriate to be part of the group.
Dana Brown-Davis, Clerk of the Council, stated if she were to have to make a decision about Council staff she would like to have further conversation with Schroeder about what is going to be expected.
Schroeder stated they have been probably identifying Kayla Schott-Bresler, the Executive’s Special Projects Manager, as participating in that role and
Donovan’s motion that the Resolution be REFERRED TO COMMITTEE carried by the following vote:
6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
1 – Elenbaas Absent: 0
Aye:
Nay:
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would be happy to continue to talk with Council about other support associated with it. He stated there are two letters that will be sent (one will be the Port’s letter to support the North Whatcom County — Blaine to Eastern Whatcom County above Lynden – application for $4 million with American Rescue Plan Act [ARPA] funds, and one for the Point Roberts application for the $350,000 match) and he answered whether the $4 million will definitely come from ARPA funds. The letters are written to commit the funding but do not specify the funds. The Council has budgeted the $4 million out of ARPA but we can have that discussion moving forward.
Kershner’s motion that the request to send the two letters be APPROVED carried by the following vote:
7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0
Absent: 0 INTRODUCTION ITEMS
Aye:
1. AB2023-002
Ordinance amending the Whatcom County Unified Fee Schedule – ferry rates
Donovan moved that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING.
Dana Brown-Davis, Clerk of the Council, stated the Ordinance is a SUBSTITUTE.
Kershner moved that they introduce this and move it into the Finance Committee before the hearing that night but a motion was not needed to do this.
Dana Brown-Davis, Clerk of the Council, answered whether there was a substitute Exhibit A. She stated the Exhibit is included in the Ordinance and that the code amendment piece was taken out and it is just the ferry fares now. It was amending the code and the Unified Fee Schedule and now it is just amending the Unified Fee Schedule.
Elizabeth Kosa, Public Works Department Acting Director, stated while they would eventually like to do some code changes, especially for clerical errors, the main issue is to correct the fares right now, then moving forward they will have more opportunity and more interface with the Lummi Island Advisory Committee to make some of those code changes.
Donovan’s motion that the SUBSTITUTE Ordinance Requiring a Public
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Hearing be INTRODUCED FOR PUBLIC HEARING carried by the following vote:
Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0 Absent: 0
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Councilmembers continued where they left off on the reorganization of the Whatcom County Council for 2023 (AB2023-022) in the Special Committee of the Whole this morning.
Racial Equity Commission Appoint ONE-Non-Voting member (** 2-year term) AB2022-590
Buchanan, Kershner, and Frazey withdrew their names from consideration.
Buchanan moved and Donovan seconded to nominate Elenbaas and Galloway.
Elenbaas stated he had asked how many dissenting voices there were on the commission and that he was encouraged to join it. He spoke about why he would like to be on the commission.
Galloway spoke about why she would like to be on the commission.
Galloway was appointed by the following vote: Galloway: 4 – Donovan, Frazey, Galloway, and Buchanan Elenbaas: 3 – Elenbaas, Kershner, and Byrd
Solid Waste Advisory
Galloway moved and Kershner seconded that Frazey be appointed.
The motion carried by the following vote:
Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan
Nay: 0
Stakeholder Advisory Committee (SAC)
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Kershner moved and Galloway seconded that Buchanan be appointed.
The motion carried by the following vote:
Aye: 7 – Frazey, Galloway, Kershner, Buchanan, Byrd, Donovan, and Elenbaas
Nay: 0
WSAC Alternate Board Member (The Executive is the active representative, Councilmember is alternate)
Buchanan moved and Frazey seconded that Galloway be appointed.
The motion carried by the following vote:
Aye: 7 – Galloway, Kershner, Buchanan, Byrd, Donovan, Elenbaas, and Frazey
Nay: 0
WSAC Optional Alternate Board Member (Res2019-008) Buchanan moved and Frazey seconded that Kershner be appointed.
The motion carried by the following vote:
Aye: 7 – Kershner, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway
Nay: 0
WSAC Legislative Steering Committee
Kershner moved and Frazey seconded that Galloway be appointed.
The motion carried by the following vote:
Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
WSAC Timber Counties Caucus – Optional Kershner withdrew her name from consideration.
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Kershner moved and Buchanan seconded that Galloway be appointed.
The motion carried by the following vote:
Aye: 7 – Byrd, Donovan, Elenbaas, Frazey, Galloway, Kershner, and Buchanan
Nay: 0
WSAC Coastal Counties Caucus – Optional
Kershner moved and Buchanan seconded that Galloway be appointed.
The motion carried by the following vote:
Aye: 7 – Donovan, Elenbaas, Frazey, Galloway, Kershner, Buchanan, and Byrd
Nay: 0
Whatcom Transportation Authority
Byrd withdrew his name from consideration.
Donovan spoke about why he would like to be appointed. Kershner withdrew her name from consideration.
Donovan was appointed by acclamation by the following vote:
Aye: 6 – Frazey, Galloway, Kershner, Buchanan, Donovan, and Elenbaas Nay: 1 – Byrd
Galloway stated there is an Executive Committee for the Snohomish, Whatcom, Island, San Juan and Skagit (SWISS) Regional Partnership that has either the Council Chair or designee and she asked whether that committee should be added to the Chair’s assignments or whether the Council would like to choose a designee.
Frazey stated she would like to put it out to the Chair or whomever else is interested.
Galloway stated she would welcome Buchanan to be the primary representative on the committee and have her as the alternate and Buchanan agreed.
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Galloway moved and Kershner seconded to appoint Buchanan as the primary representative and Galloway as the alternate.
The motion carried by the following vote:
Aye: 7 – Byrd, Donovan, Elenbaas, Frazey, Galloway, Kershner, and Buchanan
Nay: 0
Councilmembers gave Committee Reports and reported on other items.
Byrd spoke about a suit filed by the Seattle Public School System against the large social media companies for damages to youth and the public health issues it is causing. He would like to explore joining that suit.
Byrd moved to put the discussion in an Executive Session at the next meeting. The motion was seconded by Kershner.
Dana Brown-Davis, Clerk of the Council, stated the next meeting in two weeks is packed and she is not sure how much time this one is going to take.
Karen Frakes, Prosecuting Attorney’s Office, stated it would be important
to make sure the attorneys who would be representing us would be available before setting a time for an executive session.
Byrd amended his motion to have an Executive Session (to discuss a social media lawsuit) and meet at the next available date that works for everyone.
The motion carried by the following vote:
Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Galloway reported on the Washington Association of Counties (WSAC) Legislative Steering Committee orientation. She would like clear direction from Council on how they would like to receive information from her on the legislative session as well as protocols they would like her to take when she is engaging on particular bills, either on behalf of WSAC or consistent with our legislative objectives or policies that we have supported as a county or as a council.
Elenbaas spoke about being disappointed that there could not be a dissenting voice on an advisory committee when the Council had the opportunity to appoint one.
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Kershner thanked all the applicants that put in their applications for boards and commissions.
Galloway stated she would like to have a Council retreat where they can come together with their years’ worth of policy priorities and discuss how they might better communicate with each other on outcomes of committee assignments.
Councilmembers discussed questions about what constitutes a quorum for committee members and finding out how other jurisdictions are doing it.
Buchanan reported on a recent ceremony in honor of re-naming the Crisis Stabilization Center to the Anne Deacon Center for Hope.
ACTION SUMMARY:
Councilmembers continued to vote on Committee Assignments from the Special Committee of the Whole.
Motion approved 7-0 to have an Executive Session to discuss a social media lawsuit and meet at the next available date that works for everyone.
ADJOURN
The meeting adjourned at 10:55 p.m.
The County Council approved these minutes on February 7, 2023. ATTEST:
______________________________ Dana Brown-Davis, Council Clerk
______________________________ Kristi Felbinger, Minutes Transcription
SIGNED COPY ON FILE
WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA
___________________________ Barry Buchanan, Council Chair
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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 24, 2023 6 PM
Hybrid Meeting
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 1.23.2023
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 24, 2023
COUNTY COUNCIL CALL TO ORDER
ROLL CALL Present:
Council Chair Barry Buchanan called the meeting to order at 6:00 p.m. in a hybrid meeting.
7 – Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey, Kaylee Galloway, and Kathy Kershner
Absent: None ANNOUNCEMENTS
COUNTY EXECUTIVE’S REPORT
There was no report.
FLAG SALUTE MINUTES CONSENT
1. MIN2023-007
Aye:
Nay: Absent: Temp Absent:
Special Committee of the Whole for January 10, 2023
Donovan moved and Galloway 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
PUBLIC HEARINGS
1. AB2023-002
Ordinance amending the Whatcom County Unified Fee Schedule – ferry rates
Kershner reported for the Finance and Administrative Services Committee and stated they have decided to hold this item in Committee until March 7, 2023. Between now and then, they have asked the Administration to comment on the feasibility of using some American Rescue Plan Act (ARPA) funds and opening up the code to review language regarding punch card expiration, regular review of fares, and other policy and housekeeping issues. They will not be taking any action on this tonight.
Buchanan opened the Public Hearing and the following people spoke:
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January 24, 2023
OPEN SESSION
· Kathleen Gallagher
· Peter Gagliano
· Ralph Steele
· John Kottkamp (also on behalf of Teresa Kottkamp)
· Erin Deinzer (also on behalf of John Deinzer)
· Markis Dee Stidham
· Name not stated
· Marissa
· Name not stated
· Nancy Ecklund
Kershner asked whether speaking now would take people’s opportunity to
speak again later since Council will leave the Public Hearing Open. The following additional person spoke:
· James Hanika
Hearing no one else, Buchanan stated the Public Hearing will be paused and
they will take it up again on March seventh.
The action for this agenda item was HEARD PUBLIC TESTIMONY AND HELD IN COUNCIL.
The following people spoke:
· Cynthia Ripke-Kutsagoitz
· Cliff Langley
· Name not stated
· Lyle Sorenson
· Mark Stremler
· Sherry Brown
· Rob Boleak
· Steve Lloyd
· Misty Flowers
· Pamela Carron
· Todd Lagestee
· Danaya Snavely
· Name not stated
· Markis Dee Stidham
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January 24, 2023
· Name not stated
· Natalie Chavez
· Russell Anderson
· Susan Prosser
· Name not stated
· Name not stated
· Asa Meyer
· Patty Wines
· Cynthia Thompson
· Hope (last name not stated)
· Lindy McDonough
· Hannah Ordos
Hearing no one else, Buchanan closed the Open Session. Councilmembers took a short break.
CONSENT AGENDA
(From Council Finance and Administrative Services Committee)
1. AB2023-065
Kershner reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through twelve.
Galloway stated she supports the second item and expanding the program.
Elenbaas spoke about a concern about whether they are charging the appropriate amount to the different jurisdictions in Consent agenda items two through seven that were discussed in Committee.
Councilmembers voted on the Consent Agenda items (see votes on individual items below).
Request authorization for the County Executive to enter into a residential lease agreement between Whatcom County and Krista and Nicolas Fauquet to reside at 367 East Lake Samish Drive, for a monthly rent of $1,295
Kershner 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 –
Nay: 1 – Absent: 0
Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner Byrd
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2. AB2023-070
Aye:
Nay: Absent:
3. AB2023-071
Aye:
Nay: Absent:
4. AB2023-072
Aye:
Nay: Absent:
5. AB2023-073
Aye:
Minutes – Final January 24, 2023
Request authorization for the County Executive to enter into an Interlocal Agreement amendment between Whatcom County and Bellingham Fire Department to extend the community paramedic program through 2023 in the amount of $419,450
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
1 – Byrd
0
Request authorization for the County Executive to enter into Interlocal amendment to extend the Community Paramedic program though 2023 in the amount of $199,927
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 1 – Byrd
0
Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Camano Island Fire and Rescue for participation in the Whatcom County Paramedic Training program in the amount of $25,625
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 1 – Byrd
0
Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Marysville Fire District for participation in the Whatcom County Paramedic Training program in the amount of $43,300
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
Whatcom County
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Nay: Absent:
6. AB2023-074
Aye:
Nay: Absent:
7. AB2023-076
1 – Byrd 0
Request authorization for the County Executive to enter into an interlocal agreement between North County Fire and Rescue for participation in the Whatcom County Paramedic Training program in the amount of $20,150
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 1 – Byrd
0
Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Bellingham Fire Department to operate the 2023 Paramedic Training Program in accordance with Washington State Department of Health and Commission on Accreditation of Allied Health Education Programs (CAAHEP) standards and requirements in the amount of $1,169,600
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 1 – Byrd
0
Request authorization for the County Executive to enter into an interagency agreement between Whatcom County and the Administrative Office of the Courts for interpreter expense reimbursement, in the amount of $61,597.00
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 1 – Byrd
0
Resolution cancelling uncollectible personal property taxes.
Kershner reported for the Finance and Administrative Services Committee
Aye:
Nay: Absent:
8. AB2023-081
Aye:
Nay: Absent:
9. AB2023-064
Whatcom County
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10. AB2023-045
Enactment No: RES 2023-002
Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Whatcom Conservation District for Lake Whatcom Homeowner Incentive Program Assistance, in the amount of $63,500
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:
and moved that the Resolution be APPROVED. The motion carried by the following vote:
Aye: 6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 1 – Byrd Absent: 0
11. AB2023-056
Request authorization for the County Executive to enter into a Local Agency Standard Consultant Agreement Supplement No. 3 between Whatcom County and Wilson Engineering LLC., to provide on-call professional land surveying services support to Whatcom County Public Works, in the amount of $100,000
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: 1 – Byrd Absent: 0
12. AB2023-061
Request authorization for the County Executive to award bid #22-66 and enter into a contract between Whatcom County and Stremler Gravel Inc., for the 2022 Flood Gates Install project, CRP No. 922020 in the amount of $56,080
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:
Aye: 6 – Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 1 – Byrd Absent: 0
Aye: 6 – Nay: 1 –
Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner Byrd
Whatcom County
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Minutes – Final January 24, 2023
Absent: 0 OTHER ITEMS
(From Council Climate Action and Natural Resources Committee)
1. AB2023-062
Resolution in support of adjudication funding in the Washington State 2023 – 2024 biennium
Galloway reported for the Climate Action and Natural Resources Committee and moved that the Resolution be TABLED. The motion was seconded by Kershner.
Councilmembers discussed whether they determined a time to bring this back and the difference between tabling and holding.
Galloway amended her motion and moved to HOLD IN COMMITTEE. Donovan stated he would be happy to let it be held indefinitely which would
be tabling.
Galloway accepted that as a friendly amendment and moved that the Resolution be TABLED.
Galloway’s motion that the Resolution be TABLED carried by the following vote:
2. AB2023-086
Discussion and approval of letter regarding climate action legislative priorities
Galloway reported for the Climate Action and Natural Resources Committee and stated there is a second substitute letter after committee (“Revised Letter 1.24.23”). She stated the first revision was a sentence added to the paragraph on the Nooksack Adjudication and read it as follows:
Whatcom County has also requested additional funding to support the Solutions Table process including technical assistance and studies necessary to help us quantify water resources.
She stated the second revision is a new section added at the very end after the Flood Response and Mitigation paragraph as follows:
Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0 Absent: 0
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Minutes – Final January 24, 2023
Swift Creek
Whatcom County is working with the Department of Ecology to implement the Swift Creek Sediment Management Action Plan. Department of Ecology submitted a $12M funding request to support construction scheduled for this year, which includes a suite of projects that directly reduces sediment from Swift Creek. However, when the Office of Financial Management submitted the budget to the legislature, the Swift Creek project budget request was reduced to $4 Million.
This reduced funding will cause significant delays in addressing the Swift Creek sediment issue. For us to continue this work it is imperative for the state to continue to fully fund the program. Whatcom County is asking you to address this budget shortfall and work towards getting the Swift Creek budget item back to the original ask of $12 Million.
Galloway moved to approve the letter as amended. The motion was seconded by Donovan.
Elenbaas stated he would not support the revised letter because it still says, “We believe a water rights adjudication in the Nooksack River watershed is necessary to bring together all water users, resolve water right disputes, determine who has the legal right to use water, and the priority and quantity of each right.” He does not believe that they should be saying that they believe right now that adjudication is a necessary step to take.
Donovan stated he is not sure the Swift Creek language should be in a letter for climate action Legislative priorities.
Frazey stated she supports the letter.
Kershner moved to amend the letter to change the sentence that begins with “We believe a water rights adjudication in the Nooksack River watershed is necessary…” to “We understand that the State believes that a water rights adjudication is necessary.” The motion was seconded by Elenbaas.
Galloway suggested they change the language to “We understand a water rights adjudication in the Nooksack River watershed can bring together all water users…” She stated it is hard to state that the State is solely determined because she thinks there are a lot of other people who believe this as well.
Councilmembers discussed the funding request.
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Kershner suggested language to request funding to Whatcom County to support all of the water rights users who will be going through this process and asked if that is in the letter. Galloway stated there is a request for filing assistance. But Elenbaas stated filing assistance is not enough and legal assistance is needed.
Kershner suggested they change the language to request funding to the County for filing and legal assistance for all participants and Elenbaas asked if the County should be the one to facilitate.
Satpal Sidhu, County Executive, stated the County could be the gatekeeper and have one or two agencies who could facilitate that funding and he also spoke about assistance for documentation that might be needed.
Kershner withdrew her motion and moved to amend the letter to read, “In preparation for adjudication, we also request funding for the County to provide filing and legal assistance for all participants.”
Councilmembers discussed whether the word “County” should be dropped, and whether any of these things are time sensitive.
Elenbaas moved to hold this item for two weeks and then work on the language. The motion was seconded by Buchanan.
Sidhu stated the Administration would like that and Galloway and Frazey spoke against holding for two weeks.
The motion to hold failed by the following vote: Aye: 3 – Elenbaas, Kershner, and Byrd
Nay: 4 – Donovan, Frazey, Galloway, and Buchanan
Galloway moved to amend the Nooksack Adjudication paragraph so that it would read as follows:
Nooksack Adjudication
Please fully fund the Nooksack adjudication by supporting Department of Ecology’s $2.738 million request in the Governor’s Budget. We understand a water rights adjudication in the Nooksack River watershed can help bring together all water users, resolve water right disputes, determine who has the legal right to use water, and the priority and quantity of each right. As water rights are determined, we hope to collaborate with all parties on establishing
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Minutes – Final January 24, 2023
Aye:
Nay: Absent:
(From Council Finance
3. AB2023-059
Aye:
Nay: Absent:
4. AB2022-731
Whatcom County
solutions and market mechanisms to ensure communities get the water they need to live and support a thriving agricultural economy. Whatcom County has also requested additional funding to support the Solutions Table process including technical assistance and studies necessary to help us quantify water resources. In preparation for adjudication, we also request funding for the County to provide filing and legal assistance for all participants. This will help facilitate the process and help individuals avoid unnecessary, and often expensive, legal fees.
The motion was seconded by Elenbaas.
Councilmembers discussed the motion.
The motion carried by the following vote:
Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan
Nay: 0
Councilmembers discussed the motion to approve as amended.
Galloway’s motion that the letter be APPROVED AS AMENDED 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 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 $80,716, for a total amended agreement amount of $8,567,890
Kershner 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 a contract amendment between Whatcom County and Hunt Forensics for increased costs of services in the
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Minutes – Final January 24, 2023
5. AB2023-087
Aye:
Nay: Absent: Abstain:
amount of $893,449.13 for the total amount of $3,356,602
Kershner reported for the Finance and Administrative Services Committee and stated that this item was forwarded to the full Council without a recommendation.
Donovan moved and Frazey seconded that the Contract be AUTHORIZED.
Elenbaas stated there have been a lot of conversations around this topic and a few meetings that will be taking place in the next week or two. He would like to wait to vote on it until those meetings have taken place and assurances are made that the contracts are being fulfilled in the manner in which they were negotiated.
Kershner moved to hold for two weeks. The motion was seconded by Byrd.
Satpal Sidhu, County Executive, answered whether holding for two weeks is possible and stated this is a transition process and may take a couple of years. Their intention is to roll the Medical Examiner into the County but they cannot do that in one step.
Tyler Schroeder, Director of Administrative Services, and Councilmembers discussed getting questions answered before voting, the meetings with the Administration that are scheduled to take place, and having more time to go through Dr. Hunt’s slides from committee today.
Kershner’s motion that the Contract be HELD AND REFERRED TO COMMITTEE carried by the following vote:
6 – Buchanan, Byrd, Elenbaas, Frazey, Galloway, and Kershner 0
0
1 – Donovan
(From Council Committee of the Whole)
Discussion and approval of letter of support for Ridge at Semiahmoo development
Buchanan reported for the Committee of the Whole and moved that the Request for Motion be APPROVED. The motion was seconded by Donovan. The motion carried by the following vote:
Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0
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Minutes – Final January 24, 2023
Absent: 0
COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. AB2023-037
Appointment to a vacancy on the Surface Mining Advisory Committee, member of the surface mining industry, Applicant(s): Brent Cowden
Byrd moved and Frazey seconded that the Council Appointment be APPOINTED. The motion carried by the following vote:
2. AB2023-054
Appointment to vacancies on the Birch Bay Watershed and Aquatic Resources Management Advisory Committee, Applicant(s): Michael Allan (Council acting as the Flood Control Zone District Board of Supervisors)
Kershner moved and Donovan seconded that the Council Appointment be APPOINTED.
Elenbaas asked whether they are missing part of the application because it did not say very much.
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
3. AB2023-057
Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0 Absent: 0
Appointments to various vacancies on the Wildlife Advisory Committee, Applicant(s): Stephen Nyman, Vikki Jackson, Jennifer Plombon
Kershner moved and Frazey seconded that all three Applicants be APPOINTED.
Galloway stated since this committee sunsetted at the end of the year and was re-authorized, all the positions are open. She encouraged the community for apply it.
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
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Minutes – Final January 24, 2023
4.
AB2023-082
Appointment to fill a vacancy on the Flood Control Zone District Advisory Committee, Applicant(s): Scott Hulse (Council acting as the Flood Control Zone District Board of Supervisors)
Byrd moved and Frazey seconded that the Council Appointment be APPOINTED. The motion carried by the following vote:
5.
AB2023-083
Appointment to vacancy on the Solid Waste Advisory Committee, Solid Waste Disposal Facility Position, Applicant(s): Troy Lautenbach
Buchanan stated there are three applicants, two of which had late applications.
Jill Nixon, Council Office Staff, answered why the paperwork says there were two vacancies but they are only voting for one. She stated one position had no applicants.
Frazey moved to consider all the applicants. The motion was seconded by Kershner.
Karen Frakes, Prosecuting Attorney’s Office, answered whether having a relative at the County disqualifies an applicant from serving on a committee.
The following applicant spoke: · Pinky Vargas
Tyler Schroeder, Director of Administrative Services, answered whether there are solid waste decisions, actions, or supervisory roles that are taken care of by the Health Department.
Councilmembers discussed the applicants and Pinky Vargas was appointed by the following vote:
Pinky Vargas: 5 – Buchanan, Byrd, Donovan, Frazey, and Galloway William McCarter: 2 – Elenbaas and Kershner
Troy Lautenbach:0
This item was APPOINTED
Absent: 0
Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0 Absent: 0
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Pinky Vargas was appointed.
CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. AB2023-068
Request confirmation of the County Executive’s appointments and reappointments to various county boards, committees and commissions
Byrd moved and Donovan 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
This item was discussed below.
INTRODUCTION ITEMS
1. AB2023-069
Donovan moved to introduce items one through three. The motion was seconded by Byrd (see votes on individual items below).
Ordinance amending Whatcom County Code 2.09 to conform with newly adopted and amended Court rules
Donovan moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:
2. AB2023-077
Enactment No: ORD 2023-003
Ordinance amending the Whatcom County Budget, request no. 2, in the amount of $6,395,173
Donovan moved and Byrd 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 –
Nay: 0 Absent: 0
Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
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3.
AB2023-078
Aye:
Nay: Absent:
Enactment No: ORD 2023-001
Ordinance amending the project based budget for the Plantation Rifle Range Lead Reclamation and Capital Improvement by adding $700,000 for a total amount of $1,355,000
Donovan moved and Byrd seconded that the SUBSTITUTE Ordinance be INTRODUCED. The motion carried by the following vote:
7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0
0
Enactment No: ORD 2023-002
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Councilmembers gave Committee reports then continued with them below. See more Committee Reports below.
ITEMS ADDED BY REVISION
1. AB2023-092
Discussion and approval of motion to send a letter to the County Executive in support of seeking US Department of Transportation culvert replacement funding
Dana Brown-Davis, Clerk of the Council, alerted the Council that this item, which was added by revision, had not yet been considered.
Donovan moved and Buchanan seconded that the Request for Motion be TABLED. The motion carried by the following vote:
Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0 Absent: 0
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES CONTINUED
Councilmembers continued Committee Reports.
Dana Brown-Davis, Clerk of the Council stated for the record that the third introduction item was a substitute version.
Donovan moved the following from the Committee of the Whole Executive Session:
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I hereby move to approve defense and indemnification of Andrew Mellema, named as a defendant in Olga Grishchuk, an individual, Victor Grishchuk, an individual, and Michael Grishchuk, an individual v. Andrew Mellema, an individual, and Whatcom County, Whatcom County Superior Court Cause No. 22-2-01274-37.
Based on the following findings:
A. Andrew Mellema was acting in a matter in which the county had an interest;
B. Andrew Mellema was acting in the discharge of a duty imposed or authorized by law;
C. Andrew Mellema acted in good faith.
The motion was seconded by Elenbaas.
The motion carried by the following vote:
Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Councilmembers spoke about other items and gave Councilmember updates.
Satpal Sidhu, County Executive, answered questions about a presentation on the Yakima Basin Integrated Plan Partnership at a recent Business and Commerce Advisory Committee meeting and whether it could be scheduled for the Council’s Climate Action and Natural Resources Committee.
Motion approved 7-0 to approve defense and indemnification of Andrew Mellema, named as a defendant in Olga Grishchuk, an individual, Victor Grishchuk, an individual, and Michael Grishchuk, an individual v. Andrew Mellema, an individual, and Whatcom County, Whatcom County Superior Court Cause No. 22-2-01274-37.
Based on the following findings:
A. Andrew Mellema was acting in a matter in which the county had an
interest;
B. Andrew Mellema was acting in the discharge of a duty imposed or
authorized by law;
C. Andrew Mellema acted in good faith.
ADJOURN
The meeting adjourned at 9:15 p.m.
The County Council approved these minutes on February 7, 2023.
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Minutes – Final
January 24, 2023
ATTEST:
______________________________ Dana Brown-Davis, Council Clerk
______________________________ Kristi Felbinger, Minutes Transcription
SIGNED COPY ON FILE
WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA
___________________________ Barry Buchanan, 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 7, 2023 6 PM
Hybrid Meeting
HYBRID MEETING – ADJOURNS BY — (PARTICIPATE IN-PERSON AT 311 GRAND AVENUE SUITE 101, 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 February 7, 2023
COUNTY COUNCIL CALL TO ORDER
ROLL CALL Present:
7 –
Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,
Council 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
There was no report.
MINUTES CONSENT
1. MIN2023-008
Aye:
Nay: Absent:
2. MIN2023-009
Aye:
Nay: Absent:
3. MIN2023-010
Donovan moved to accept the minutes consent items. The motion was seconded by Galloway (see votes on individual items below).
Committee of the Whole for January 10, 2023
Donovan moved and Galloway 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 January 10, 2023
Donovan moved and Galloway 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 January 17, 2023
Donovan moved and Galloway seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:
Whatcom County
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4. MIN2023-011
Committee of the Whole Executive Session for January 24, 2023
Donovan moved and Galloway 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. MIN2023-012
Committee of the Whole for January 24, 2023
Donovan moved and Galloway 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. MIN2023-013
Regular County Council for January 24, 2023
Donovan moved and Galloway seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:
OPEN SESSION
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
The following people spoke:
· Cynthia Sue Ripke-Kutsagoitz
· Lindy McDonough
· Barbara Powers
· Pam (last name not stated)
· Doug “Yoshe” Revelle
· Lyle Sorenson
· Dan Pham
· Natalie Chavez
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February 7, 2023
· ·
Misty Flowers Hannah Ordos
Hearing no one else, Buchanan closed the Open Session.
CONSENT AGENDA
(From Council Finance and Administrative Services Committee)
1. AB2023-067
Kershner reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through seven.
Galloway moved to pull out Consent Agenda items two (AB2023-085) and four (AB2023-094) for separate consideration. The motion was seconded by Kershner.
The motion carried by the following vote:
Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Councilmembers voted on items one, three, five, six, and seven (see votes on individual items below) then considered items two and four separately (see below after the Consent Agenda).
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 $255,071 for a total amended contract amount of $2,986,499.90
Kershner reported for the Finance and Administrative Services Committee and moved that the Memorandum of 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
2. AB2023-085 Request authorization for the County Executive to enter into a two year interlocal agreement between Whatcom County and the City of Bellingham for work crew
services, in the amount of $55,250.00 per year This item was considered separately. See below after the Consent Agenda.
3. AB2023-091 Request authorization for the County Executive to enter into a contract between Whatcom County and Lifeline Connections to provide substance use disorder
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Minutes – Final February 7, 2023
4.
Aye:
Nay: Absent:
AB2023-094
assessments and post-assessment treatment coordination for people releasing from
the Whatcom County Jail or who are referred through criminal/legal referral channels, in the amount of $138,642
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:
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 Military Department for FY2019 Operation Stonegarden (OPSG), in the amount of $54,069.48
This item was considered separately. See below after the Consent Agenda.
5. AB2023-099
Aye:
Nay: Absent:
6. AB2023-101
Aye:
Nay: Absent:
7. AB2023-111
Whatcom County
Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Ferndale for County coordinated opioid misuse prevention and abatement strategies within the Ferndale community, in the amount of $15,434.66
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:
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 Road2Home to operate overnight severe weather shelters in the amount of $40,561 for a total amended contract amount of $79,729
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:
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 Sean Humphrey House to provide a forgivable grant and
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Minutes – Final February 7, 2023
recoverable loan for the acquisition of an affordable assisted housing unit in the amount of $200,000
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: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0 Absent: 0
CONSENT AGENDA ITEMS CONSIDERED SEPARATELY
2. AB2023-085
Request authorization for the County Executive to enter into a two year interlocal agreement between Whatcom County and the City of Bellingham for work crew services, in the amount of $55,250.00 per year
Byrd moved and Donovan seconded that the Interlocal be AUTHORIZED.
Councilmembers discussed the motion.
Wendy Jones, Sheriff’s Office, shared more about the work crew program.
Byrd’s motion that the Interlocal be AUTHORIZED carried by the following vote:
4. AB2023-094
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 an interlocal agreement amendment between Whatcom County and Washington State Military Department for FY2019 Operation Stonegarden (OPSG), in the amount of $54,069.48
Kershner reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. The motion was seconded by Byrd.
Councilmembers discussed the concerns brought up by a citizen. Doug Chadwick, Undersheriff, spoke about the program.
Kershner’s motion that the Interlocal be AUTHORIZED carried by the following vote:
Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
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Nay: Absent:
OTHER ITEMS (From Council Finance
1. AB2023-077
Aye:
Nay: Absent:
2. AB2023-078
Aye:
Nay: Absent:
3. AB2022-731
0 0
and Administrative Services Committee)
Ordinance amending the Whatcom County Budget, request no. 2, in the amount of $6,395,173
Kershner 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 2023-001
Ordinance amending the project based budget for the Plantation Rifle Range Lead Reclamation and Capital Improvement by adding $700,000 for a total amount of $1,355,000
Kershner 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 2023-002
Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Hunt Forensics for increased costs of services in the amount of $893,449.13 for the total amount of $3,356,602
Kershner reported for the Finance and Administrative Services Committee and stated this was discussed in the Committee and forwarded to the Council with no recommendation.
Buchanan stated there was a revised version that was emailed by Deputy Executive Schroeder this afternoon.
Donovan moved and Galloway seconded that the SUBSTITUTE Contract be
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Whatcom County
Council
Minutes – Final February 7, 2023
Aye:
Nay: Absent:
(From Council Criminal 4. AB2023-069
AUTHORIZED.
Tyler Schroeder, Director of Administrative Services, answered whether the total consideration for the substitute version should still be $3,356,602 and stated it is an error and would be modified prior to it being presented for signature if this substitute is approved tonight.
Councilmembers and Schroeder discussed a concern about a request for an increase less than a year after the provider signed a contract for a negotiated amount, whether we have asked our Medical Examiner to do additional work and that is what is causing the request for an increase, getting evidence that the Medical Examiner has used personal funds to complete her job, where the substitute contract would need to be changed to fix the aforementioned error (first page of the contract amendment number four in the second paragraph), whether the contract amendment would set a precedence, and recognizing the increased work load of the Medical Examiner.
Donovan’s motion that the SUBSTITUTE Contract be AUTHORIZED carried by the following vote:
4 – Buchanan, Donovan, Frazey, and Galloway 3 – Byrd, Elenbaas, and Kershner
0
Justice and Public Safety Committee)
Ordinance amending Whatcom County Code 2.09 to conform with newly adopted and amended Court rules
Buchanan reported for the Criminal Justice and Public Safety Committee and moved that the Ordinance be ADOPTED.
Councilmembers briefly discussed what their vote was for on the last item (AB2023-731).
Karen Frakes, Prosecuting Attorney’s Office, gave a summary of the amendments to the Code.
Buchanan’s motion that the Ordinance be ADOPTED carried by the following vote:
Aye:
Nay: Absent:
7 – 0 0
Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Whatcom County
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Council Minutes – Final February 7, 2023
Enactment No: ORD 2023-003
COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. AB2023-109
Aye:
Nay: Absent:
2. AB2023-110
Appointment to fill a vacancy on the Birch Bay Watershed and Aquatic Resources Management Advisory Committee, Applicant(s): Jane Olson Mauk
Byrd moved and Donovan 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
Appointment to fill vacancy on the Laurel Watershed Improvement District Board
Dana Brown-Davis, Clerk of the Council, stated one application was received (Sterk) but the information did not make it into the packet because it was late.
Donovan moved and Frazey seconded that Kevin Sterk be Appointed. Councilmembers discussed whether other applications had come in. Brown-Davis answered whether there are multiple vacancies. Donovan withdrew his motion to appoint.
Kershner moved and Buchanan seconded to delay making the appointment for two weeks.
Councilmembers discussed whether they will accept more applicants and whether they could extend an invitation to the applicants to speak at the next meeting.
Kershner’s motion that the Council Appointment be HELD IN COUNCIL carried by the following vote:
7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0
0
Appointment to fill vacancies on the Wildlife Advisory Committee, Applicant(s): Barry Wenger
Donovan moved and Kershner seconded that the Council Appointment be
Aye:
Nay: Absent:
3. AB2023-112
Whatcom County
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Council
4.
Minutes – Final February 7, 2023 APPOINTED. The motion carried by the following vote:
Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0 Absent: 0
AB2023-113
Appointment to fill a vacancy on the Planning Commission, Council District 2 or 4, Applicant(s): Daniel Dahlquist
Kershner moved and Donovan seconded that the Council Appointment be APPOINTED.
Elenbaas stated he was impressed by the applicant and finds it helpful to have people who have boots on the ground in those positions.
Donovan stated having only one applicant is a change from years past.
Kershner’s motion that the Council Appointment be APPOINTED carried by the following vote:
1. AB2023-103
Request confirmation of the County Executive’s appointment of Trevor Gearhart to the Whatcom County Food System Committee
Donovan 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
CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
2. AB2023-104
Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0 Absent: 0
Request confirmation of the County Executive’s appointment of Shannon Boustead to the Whatcom County Behavioral Health Advisory Committee
Frazey moved and Donovan 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
Whatcom County
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Minutes – Final February 7, 2023
3.
Absent:
AB2023-114
0
Request confirmation of Executive Sidhu’s appointment of Patrick Alesse to the Whatcom County Bicycle Pedestrian Advisory Committee
Frazey moved and Kershner seconded that the Executive Appointment be CONFIRMED.
Councilmembers spoke about the applicant.
Frazey’s motion that the Executive Appointment be CONFIRMED carried by the following vote:
7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0
0
Aye:
Nay: Absent:
ITEMS ADDED BY REVISION
There were no agenda items added by revision.
INTRODUCTION ITEMS
1. AB2023-090
Aye:
Nay: Absent:
2. AB2023-098
Donovan moved to introduce items one through five. The motion was seconded by Kershner.
Kershner requested that item number four (AB2023-095) regarding installation of stop signs on certain county roads be scheduled in the Public Works Committee for discussion.
Councilmembers voted on the Introduction items (see votes on individual items below).
Ordinance repealing Whatcom County Code 1.28, Standards for Correctional Facilities, in its entirety
Donovan moved and Kershner 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 budget for the Shallow Shore Project Based Budget Fund, request no. 2
Donovan moved and Kershner seconded that the Ordinance be
Whatcom County
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Minutes – Final February 7, 2023 INTRODUCED. The motion carried by the following vote:
Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0 Absent: 0
3. AB2023-108
Enactment No: ORD 2023-006
Ordinance amending the Whatcom County Budget, request no. 3, in the amount of $4,791,300
Donovan moved and Kershner seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:
4. AB2023-095
Enactment No: ORD 2023-007
Ordinance Regarding Installation of stop signs on certain county roads
Donovan moved and Kershner seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:
5. AB2023-097
Enactment No: ORD 2023-004
Ordinance establishing a speed limit for the plat of Harbor View Heights
Donovan moved and Kershner 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
Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0 Absent: 0
Enactment No: ORD 2023-005
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Councilmembers gave Committee reports and gave other updates.
Whatcom County Page 11 Printed on 3/13/2023
Council ADJOURN
Minutes – Final February 7, 2023
The meeting adjourned at 7:24 p.m.
The County Council approved these minutes on February 21, 2023.
ATTEST:
______________________________ Dana Brown-Davis, Council Clerk
______________________________ Kristi Felbinger, Minutes Transcription
SIGNED COPY ON FILE
WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA
___________________________ Barry Buchanan, Council Chair
Whatcom County
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noisy waters northwest 
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