HomeMy WebLinkAboutCouncil Feb 9 2021Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Minutes - Final
VIRTUAL MEETING - VIEW ONLINE; AGENDA REVISED 2.8.2021 (TO
PARTICIPATE, SEE INSTRUCTIONS AT
www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010)
Tuesday, February 9, 2021
6PM
Virtual Meeting
COUNCILMEMBERS
Rud Browne
Barry Buchanan
Tyler Byrd
"Todd Donovan
Ben Elenbaas
Carol Frazey
Kathy Kershner
CLERK OF THE COUNCIL
Dana Brown -Davis, C.M.C.
Council Minutes - Final February 9, 2021
COUNTY COUNCIL
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 6:01 p.m. in a
virtual meeting.
ROLL CALL
Present: 7 - Rud Browne, Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas,
Carol Frazey, and Kathy Kershner
Absent: None
FLAG SALUTE
ANNOUNCEMENTS
Buchanan announced the following:
• Openings on various boards and commissions
• The opening of a warming center starting at 5 p.m. tonight
COUNTY EXECUTIVE'S REPORT
Buchanan stated Executive Sidhu was not attending the meeting.
Tyler Schroeder, Executive's Office, stated there was no report.
MINUTES CONSENT
Donovan moved to accept the minutes consent items. The motion was
seconded by Kershner (see votes on individual items below).
1. MIN2021-005 Regular County Council for January 12, 2021
Donovan moved and Kershner seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
2. MIN2021-006 Water Work Session for January 19, 2021
Donovan moved and Kershner seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
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Absent: 0
3. MIN2021-007 Committee of the Whole Executive Session for January 26, 2021
Donovan moved and Kershner seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
4. MIN2021-008 Committee of the Whole for January 26, 2021
Donovan moved and Kershner seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
5. MIN2021-009 Regular County Council for January 26, 2021
Donovan moved and Kershner seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
PUBLIC HEARINGS
Council Staff played a short video about how to speak at the meeting.
1. AB2021-051 Ordinance adopting Countywide Planning Policies relating to the Review and
Evaluation Program (also known as Buildable Lands) and dispute resolution
procedures
Mark Personius, Planning and Development Services Department Director,
briefed the Councilmembers and answered whether there is a deadline for
the Buildable Lands Program to be complete.
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Hearing.
Browne moved and Donovan seconded that the Ordinance Requiring a Public
Hearing be ADOPTED. The motion carried by the following vote:
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Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2021-003
2. AB2021-058 Ordinance adopting the temporary installation of stop signs on Deer Trail
Jim Karcher, Public Works Department, stated there is no staff report but
he is available for questions.
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Hearing.
Byrd moved and Kershner seconded that the Ordinance Requiring a Public
Hearing be ADOPTED. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2021-004
3. AB2021-075 Ordinance authorizing the closure of a portion of 4th Street in Custer, Washington,
related to COVID-19 economic relief
Jim Karcher, Public Works Department, stated he did not have a report.
Buchanan opened the Public Hearing and the following person spoke:
• Larry McDonough
Hearing no one else, Buchanan closed the Public Hearing.
Frazey moved and Donovan seconded that the Ordinance Requiring a Public
Hearing be ADOPTED.
Donovan thanked Elenbaas for bringing the issue forward and the Public
Works Department staff for working on it.
Frazey's motion that the Ordinance Requiring a Public Hearing be
ADOPTED carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
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Absent: 0
Enactment No: ORD 2021-005
OPEN SESSION (20 MINUTES)
Council Staff played a short video about how to speak at the meeting and the
following people spoke:
• Ashley Butenschoen
• Heather Katandin
• Markis Dee Stidham
CONSENT AGENDA
(From Council Finance and Administrative Services Committee)
Browne reported for the Finance and Administrative Services Committee
and moved to approve Consent Agenda items one through nine.
Councilmembers discussed and voted on those items (see votes on
individual items below).
1. AB2021-066 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and US Imaging, Inc. to extend the original contract from
12/31/2020 to 12/31/2021 (original contract amount was $128,000 previously
approved by Council)
Browne moved that the Contract be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
2. AB2021-076 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Status Electrical Corporation for the purpose of
Security Electronics and DVMS System Support & Maintenance Agreement
Browne moved that the Contract be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
3. AB2021-077 Request authorization for the County Executive to enter into a contract between
Whatcom County and Whatcom Conservation District to provide a Community
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Wildfire Risk Reduction Program in the amount of $50,000
Browne moved that the Contract be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
4. AB2021-078 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Oak Harbor for Mini -Chain Services in
the amount of $2,138
Browne moved that the Interlocal be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
5. AB2021-081 Request authorization for the County Executive to enter into a 2-year interlocal
agreement between Whatcom County and the City of Bellingham for Work Crew
Services in the amount of $89,000.00 per year
Browne moved that the Interlocal be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
6. AB2021-085 Request authorization for the County Executive to enter into a two year interlocal
agreement between Whatcom County and South Whatcom Fire Authority for Work
Crew Services in the amount of $1,700.00 per year
Browne moved that the Interlocal be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
7. AB2021-090 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Seattle, in the amount of $3,000 for a
geodetic grade GPS antenna
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Browne moved that the Interlocal be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
8. AB2021-099 Request authorization for the County Executive to renew a Collective Bargaining
Agreement between Whatcom County and General Teamsters' Local Union 231
Corrections Deputies and Sergeants for the period January 1, 2021 through
December 31, 2021
Browne moved that the Contract be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
9. AB2021-100 Request authorization for the County Executive to enter into a Collective Bargaining
Agreement between Whatcom County and the Washington State Nurses Association
for the period January 1, 2021 through December 31, 2022
Browne moved that the Contract be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 - Elenbaas
Absent: 0
OTHER ITEMS
(From Council Finance and Administrative Services Committee)
1. AB2021-049 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Henry Hollander to provide facilities management and
support services at the COVID Temporary Housing Facility in the amount of $20,000
for a total amended contract amount of $60,000
Browne reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED. The motion carried by the
following vote:
Aye: 4 - Browne, Buchanan, Donovan, and Frazey
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Nay: 3 - Byrd, Elenbaas, and Kershner
Absent: 0
2. AB2021-052 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Lighthouse Mission Ministries to provide oversight
and assistance at the COVID-19 Temporary Housing Facility in the amount of
$103,088 for a total amended contract amount of $476,302
Browne reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED. The motion carried by the
following vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 2 - Byrd, and Elenbaas
Absent: 0
3. AB2021-053 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Pacific Security to provide security services at the
COVID-19 Temporary Housing Facility in the amount of $79,425 for a total
amended contract amount of $278,972
Browne reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED. The motion carried by the
following vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 2 - Byrd, and Elenbaas
Absent: 0
4. AB2021-067 Resolution cancelling uncollectible personal property taxes
Browne reported for the Finance and Administrative Services Committee and
moved that the Resolution be APPROVED. The motion carried by the
following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: RES 2021-006
5. AB2021-074 Ordinance adopting amendments to Whatcom County Code 2.66 County -Owned
Vehicles
Browne reported for the Finance and Administrative Services Committee
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and moved that the Ordinance be ADOPTED.
Councilmembers discussed the versions of the proposed Ordinance on the
Legislative Information Center and the following people answered
questions:
• Tyler Schroeder, Executive's Office
• Karen Frakes, Prosecuting Attorney's Office
Browne's motion that the Ordinance be ADOPTED carried by the following
vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2021-006
6. AB2021-079 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and SeaMar Community Health Centers to provide
oversight and assistance at the COVID-19 Temporary Housing Facility in the amount
of $95,460 for a total amended contract amount of $357,976
Browne reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED.
Councilmembers discussed being able to see the increase and the total
amended contract amount in the file's title.
Browne's motion that the Contract be AUTHORIZED carried by the following
vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 2 - Byrd, and Elenbaas
Absent: 0
7. AB2021-080 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the United States Department of the Treasury for
rental and utility assistance and other housing expenses, in the amount of $6,911,585
Browne reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED.
Tyler Schroeder, Executive's Office, answered how people will be able to
sign up for assistance and whether there is a process in place to also tie in
the water and sewer districts and associations.
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Councilmembers discussed the item and Kershner requested that the Health
Department and Opportunity Council keep administrative costs low and
make sure there is some sort of safety network in the contract so that
landlords are getting the rent from people who are affected.
Browne's motion that the Interlocal be AUTHORIZED carried by the
following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
8. AB2021-087 Request authorization for the County Executive to enter into a contract between
Whatcom County and Brown & Caldwell to conduct Phase 2 of the Lake Whatcom
Total Maximum Daily Load (TMDL) Reassessment in the amount of $303,935
Browne reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED. The motion carried by the
following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
9. AB2021-091 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Washington State Department of Transportation in
the amount of $2,047,063 for a total amended contract amount of $2,197,063
Browne reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED. The motion carried by the
following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
10. AB2021-094 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Crossroads Consulting to provide consulting and
facilitation services for the COVID Employer Support Task Force, for a total
amended contract amount of $130,000
Browne reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED. The motion carried by the
following vote:
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Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 1 - Byrd
Absent: 0
11. AB2021-095 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Elizabeth Boyle Consulting to provide strategic
coordination of the COVID Safer Stronger Together Campaign, in the amount of
$25,000 for a total amended contract amount of $45,000
Browne reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED. The motion carried by the
following vote:
Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 2 - Byrd, and Elenbaas
Absent: 0
COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. AB2021-031 Council appointment to fill vacancies on the Business & Commerce Advisory
Committee - Applicant(s): Brad Rader
Browne moved to appoint Brad Rader. The motion was seconded by Frazey.
Kershner suggested a friendly amendment to rescind the previous
appointment of Rader to the Business and Commerce Advisory Committee
food processing position and appoint him to the same committee in the
agricultural sector spot.
Browne did not accept the friendly amendment.
Jill Nixon, Council Office Staff, provided more information and answered
questions.
Browne withdrew his objection to Kershner's friendly amendment but
Kershner stated they need to first rescind the original motion to appoint
Rader and then appoint him to a different position.
Kershner moved to rescind the original motion to appoint Brad Rader to
the Business and Commerce Advisory Committee food processing
position. The motion was seconded by Buchanan.
The motion to rescind carried by the following vote:
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Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey and Kershner
Nay: 0
Kershner moved and Byrd seconded that Rader be APPOINTED as the
agriculture representative to the Business and Commerce Advisory
Committee. The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
2. AB2021-040 Council appointment to fill vacancies on the Portage Bay Shellfish Protection District
Advisory Committee - Applicant(s): Dorie Belisle
Donovan moved and Browne seconded that the applicant be APPOINTED.
The motion carried by the following vote:
Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 0
Absent: 0
Abstain: 1 - Elenbaas
3. AB2021-043 Council appointment to fill vacancies on the Solid Waste Advisory Committee -
Applicant(s): Brandi Hutton
Frazey moved and Byrd seconded that the applicant be APPOINTED. The
motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
4. AB2021-084 Council appointment to fill vacancies on the Noxious Weed Control Board -
Applicant(s): Dale Yoder and Alexander Vondrell
Donovan moved and Browne seconded that the applicants be APPOINTED.
The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
ITEMS ADDED BY REVISION
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1. AB2021-1 12 Discussion and request for Council motion to assist Facilities Management in selection
of in-house or contracted custodial services for outlier buildings
Browne reported for the Finance and Administrative Services Committee.
Donovan moved to approve option B. to convert the existing budget amount
to labor (from Contracted Services), and bring forward an Additional
Service request in the amount of $32,082 and Council approval for 3 FTE
positions. The motion was seconded by Browne.
Tyler Schroeder, Executive's Office, answered questions.
The motion carried by the following vote:
Aye: 6 - Frazey and Kershner, Browne, Buchanan, Donovan and Elenbaas
Nay: 1 - Byrd
Schroeder answered whether they need to rescind the hiring freeze to be
able to do this or whether it does not apply in this situation and getting more
information about why bidders were or were not selected.
This agenda item was DISCUSSED AND MOTION(S) APPROVED.
2. AB2021-106 Request confirmation of County Executive's appointment of Katherine Smith and
Grant Heitman to the Point Roberts Community Advisory Committee
Donovan moved and Browne seconded that the Executive Appointment be
CONFIRMED.
Councilmembers discussed the motion.
Donovan's motion that the Executive Appointment be CONFIRMED carried
by the following vote:
Aye: 6 - Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Abstain: 1 - Byrd
3. AB2021-1 17 Letter to Department of Health requesting information on COVID-19 vaccine rollout
(the only action to be taken on this item is to approve that the letter with "Clerk's
Note" be added to the Chair's correspondence file and the agenda bill file)
Dana Brown -Davis, Clerk of the Council, discussed with Councilmembers
which letter this is pertaining to (a letter from the Health Board concerning
distribution of COVID-19 vaccine) and that it just needs to be read into the
record to let the public know since the Councilmembers decided to send it
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outside of a formal Council meeting.
Donovan pointed out that the title of the file notes it was addressed to the
Governor but it was actually addressed to the Secretary of Health.
Elenbaas spoke about how the letter came to be and positive action that was
taken since.
This agenda item was DISCUSSED.
INTRODUCTION ITEMS
Donovan moved to introduce items one through two. The motion was
seconded by Frazey (see votes on individual items below).
1. AB2021-092 Ordinance amending the 2021 Whatcom County Budget, request no. 3, in the amount
of $7,854,280
Donovan moved and Frazey seconded that the Ordinance be INTRODUCED.
The motion carried by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2021-008
2. AB2021-096 Ordinance adopting amendments to Whatcom County Code Title 15 (Buildings &
Construction) to adopt by reference the 2018 Editions of the International Building
and other associated codes
Donovan moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried
by the following vote:
Aye: 7 - Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2021-007
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Buchanan reported on Committee of the Whole Executive Session.
Donovan moved the following:
The County Council met in executive session concerning the lawsuit
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Anderson as Personal Representative of Estate of Kirk Powless, et al. v.
Whatcom County, et al., US District Court for the Western District of
Washington No. 2:20-cv-01125. Pursuant to Whatcom County Code 2.56,
the Council hereby finds the following:
A. Dr. Stewart Andrews was acting in a matter in which the county had an
interest;
B. Dr. Stewart Andrews was acting in the discharge of a duty imposed or
authorized by law;
C. Dr. Stewart Andrews acted in good faith.
The officers, officials, agents or employees will be defended and
indemnified pursuant to and consistent with the provisions in WCC Chapter
2.56.
The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Kershner and Browne
Nay: 0
Councilmembers reported from their committees.
Browne reported for the Finance and Administrative Services Committee
and moved to go forward with option #1 regarding the Northwest Annex
Feasibility Study as follows: Bring forward for Council approval
consideration of budget authority to further refine the design, including
some tenant improvement development and further civil engineering design
and feasibility. Roughly $30,000. This would be the incremental approach.
The motion was seconded by Frazey.
The motion carried by the following vote:
Aye: 7 - Byrd, Donovan, Elenbaas, Frazey, Kershner, Browne and Buchanan
Nay: 0
Elenbaas reported for the Planning and Development Committee.
Browne moved to request that Planning and Development Services
Department staff work out what the average sized house is that people are
asking to build and use that to do a calculation for how many credits would
be needed, the lowest -cost way to reach the amount of energy credits to
comply with the new regulations and what the cost would be. The motion
was seconded by Elenbaas.
The motion carried by the following vote:
Aye: 7 - Donovan, Elenbaas, Frazey, Kershner, Browne, Buchanan and Byrd
Nay: 0
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ADJOURN
Karen Frakes, Prosecuting Attorney's Office, updated Councilmembers on
the Keep Washington Working Act.
Tyler Schroeder, Executive's Office, answered a question about recent
emails to the Council regarding marijuana and an administrative approval
permit on Mt. Baker Highway.
The meeting adjourned at 7:44 p.m.
The County Council approved these minutes on February 23, 2021.
ATTEST:
, 3'�y�'F, WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
,r
i34na Brown,^�ta'volincil Clerk Ba uchanan, Council Chair
Kristi Felbinger, Minutes Tran ription
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