HomeMy WebLinkAboutSpecial Council Jan 11 2022Whatcom County
Council (Special)
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Minutes - Final
Tuesday, January 11, 2022
9:30 AM
Virtual Meeting
VIRTUAL MEETING - ADJOURNS BY NOON (TO PARTICIPATE, SEE
INSTRUCTIONS AT 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 (Special) Minutes - Final January 11, 2022
Call To Order
Roll Call
Councilmember Barry Buchanan called the meeting to order at 9:34 a.m. in
a virtual meeting.
Present: 7 - Ben Elenbaas, Carol Frazey, Kaylee Galloway, Kathy Kershner, Barry
Buchanan, Tyler Byrd, and Todd Donovan
Absent: None
Announcements
Special Order of Business
1. AB2022--008 Reorganization of the Whatcom County Council for 2022
Council Chairperson (Acts as Chair of Council acting in other capacities,
Rep to EDI Board, Law Library Board, County Finance Committee)
Byrd moved to Nominate Kershner. The motion was seconded by Elenbaas.
Frazey moved to nominate Donovan. The motion was seconded by
Buchanan.
Donovan was appointed 5-2 as follows:
Buchanan: Donovan
Byrd: Kershner
Donovan: Donovan
Elenbaas: Kershner
Frazey: Donovan
Galloway: Donovan
Kershner: Donovan
Donovan continued the meeting as Chair.
Council Vice -Chairperson
Kershner moved to nominate Byrd. The motion was seconded by Elenbaas.
Frazey moved to nominate Buchanan. The motion was seconded by
Galloway.
Kershner moved to nominate Elenbaas. The motion was seconded by Byrd.
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Councilmembers discussed the motions.
Buchanan was appointed with four votes as follows:
Byrd: Byrd
Donovan: Buchanan
Elenbaas: Byrd
Frazey: Buchanan
Galloway: Buchanan
Kershner: Byrd
Buchanan: Buchanan
Executive Pro-Tempore (Can not be on COGS
Buchanan moved to nominate Frazey. The motion was seconded by
Galloway.
Elenbaas moved to nominate Byrd. The motion was seconded by Buchanan.
Frazey was appointed with four votes as follows:
Donovan: Frazey
Elenbaas: Byrd
Frazey: Frazey
Galloway: Frazey
Kershner: Byrd
Buchanan: Frazey
Byrd: Byrd
Standing Committees
Criminal Justice and Public Safety
Galloway moved to appoint Buchanan and Frazey.
Byrd stated he would like to add his name.
Galloway amended her motion to appoint Buchanan, Byrd and Frazey. The
motion was seconded by Buchanan.
The motion carried by the following vote:
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Aye: 7 - Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and
Donovan
Nay:
Councilmembers Buchanan, Byrd and Frazey were appointed to the Criminal
Justice and Public Safety Committee.
Finance & Administrative Services - Chair of Finance Committee will
automatically act as Council Rep. to What -Comm Administrative Board
Kershner moved to nominate all that expressed interest in this committee
(Buchanan, Byrd, Frazey, Galloway, and Kershner). The motion was
seconded by Buchanan.
Buchanan withdrew his name from consideration.
Frazey moved to nominate Galloway, Frazey, and Kershner. The motion
was seconded by Buchanan.
Elenbaas moved to amend the motion to nominate to read Byrd, Frazey,
and Kershner. The motion was seconded by Byrd.
Elenbaas' motion failed by the following vote:
Aye: 3 - Kershner, Byrd, and Elenbaas
Nay: 4 - Frazey, Galloway, Buchanan, and Donovan
Galloway Suggested that every one vote on every nnminea and tale the top
three.
Frazey withdrew her motion and Councilmembers discussed who they
would like to see on the committee.
Galloway moved and Buchanan seconded that they vote on each individual
nominee and select the top three.
Galloway received the following votes:
Aye: 7 - Galloway, Kershner, Buchanan, Byrd, Donovan, Elenbaas, and
Frazey
Nay: 0
Byrd received the following votes:
Aye: 5 - Kershner, Byrd, Donovan, Elenbaas, and Galloway
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Nay: 2 - Buchanan and Frazey
The vote started for Frazey, but Byrd requested discussion so the roll call
vote stopped and Councilmembers discussed whether Frazey would like to
be on this committee.
Frazey received the following votes:
Aye: 4 - Buchanan, Donovan, Frazey, and Galloway
Nay: 3 - Byrd, Kershner, and Elenbaas
Kershner received the following vote:
Aye: 6 - Byrd, Donovan, Frazey, Galloway, Kershner and Buchanan
Nay: 1 - Elenbaas
Councilmembers discussed the results and Galloway stated she would defer
her position to Frazey.
Byrd moved to replace Galloway with Frazey on the Finance and
Administrative Services Committee. The motion was seconded by
Buchanan.
The motion carried by the following vote:
Aye: 6 - Donovan, Elenbaas, Frazey, Galloway, Kershner, and Buchanan
Nay: 1 - Byrd
Councilmembers Byrd, Frazey, and Kershner were appointed to the Finance
and Administrative Services Committee.
Planning; & Development
Councilmembers discussed the nominees.
Elenbaas moved to appoint Elenbaas and Donovan. There was not a second.
Byrd withdrew his name from consideration and moved to appoint
Galloway, Donovan, and Elenbaas. The motion was seconded by Buchanan.
The motion carried by the following vote:
Aye: 7 - Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and
Donovan
Nay: 0
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Councilmembers Donovan, Elenbaas, and Galloway were appointed to the
Planning and Development Committee.
Public Works and Health
Buchanan moved to appoint Buchanan, Galloway and Kershner. The motion
was seconded by Byrd.
The motion carried by the following vote:
Aye: 7 - Frazey, Galloway, Kershner, Buchanan, Byrd, Donovan, and
Elenbaas
Nay: 0
Councilmembers Buchanan, Galloway, and Kershner were appointed to the
Public Works and Health Committee.
Natural Resources
Frazey withdrew her name from consideration.
Buchanan moved to appoint Donovan, Elenbaas, and Galloway. The motion
was seconded by Kershner.
Councilmembers discussed the motion.
The motion carried by the following vote:
Aye: 7 - Galloway, Kershner, Buchanan, Byrd, Donovan, Elenbaas, and
Frazey
Nay: 0
Councilmembers Donovan, Elenbaas, and Galloway were appointed to the
Natural Resources Committee.
Select 2 Natural Res. Committee members as Representatives to Lake
Whatcom Policy Group
Elenbaas moved to appoint Donovan and Galloway. The motion was
seconded by Kershner.
The motion carried by the following vote:
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Aye: 7 - Kershner, Buchanan, Byrd, Donovan, Elenbaas, Frazey and
Galloway
Nay: 0
Other Committee Assignments - Approximate Tirnestamp: 40:58
Behavioral Health Advisory Committee
Frazey moved to appoint Buchanan. 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
Bellingham International Airport Advisory
Frazey asked Elenbaas if he would be willing to be on this committee if she
could be on the Child and Family Well -Being Task Force.
Kershner moved to appoint Frazey. The motion was seconded by Buchanan.
The motion carried by the following vote:
Aye: 7 - Byrd, Donovan, Elenbaas, Frazey, Galloway, Kershner, and
Buchanan
Nay: 0
Bellingham Regional Chamber of Commerce
Galloway withdrew her name from consideration.
Kershner moved to appoint Byrd. The motion was seconded by Buchanan.
The motion carried by the following vote:
Aye: 7 - Donovan, Elenbaas, Frazey, Galloway, Kershner, Buchanan, and
Byrd
Nay: 0
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Birch BayLibrary F�ty - Appoint THREE
Byrd moved to appoint Buchanan, Elenbaas, and Frazey.
Dana Brown -Davis, Clerk of the Council, stated these positions will only
exist if the new library passes in February.
Councilmembers discussed the motion, Brown -Davis answered questions,
and the motion was seconded by Donovan.
The motion carried by the following vote:
Aye: 7 - Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and
Donovan
Nay: 0
Business and Commerce Advisory Committee (non -voting)
Councilmembers discussed the appointment.
Buchanan moved to appoint Byrd. The motion was seconded by Frazey.
The motion carried by the following vote:
Aye: 7 - Frazey, Galloway, Kershner, Buchanan, Byrd, Donovan, and
Elenbaas
Nay: 0
Child and Family Well -Being Task Force
Galloway moved to appoint Frazey. The motion was seconded by Buchanan.
The motion carried by the following vote:
Aye: 7 - Galloway, Kershner, Buchanan, Byrd, Donovan, Elenbaas, and
Frazey
Nay: 0
Council of Governments (COG) Appoint TWO members to serve on the
Full Council (cannot be Exec Pro-Tem)
Byrd moved to appoint Galloway and Kershner. The motion was seconded
by Frazey.
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Kershner stated that even though Frazey had indicated interest in this
committee, she can now not serve on it having been appointed as Executive
Pro-Tempore.
The motion carried by the following vote:
Aye: 7 - Kershner, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and
Galloway
Nay: 0
Council of Governments (COG) Appoint ONE of the above two members to
also serve on the Exec Board and Transportation Policy Board (cannot be
Exec Pro-Tem)
Frazey moved to appoint Galloway. The motion was seconded by Buchanan.
The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and
Kershner
Nay: 0
Developmental Disabilities Board
Kershner moved to appoint herself. The motion was seconded by Donovan.
The motion carried by the following vote:
Aye: 7 - Byrd, Donovan, Elenbaas, Frazey, Galloway, Kershner, and
Buchanan
Nay: 0
Drayton Harbor & Portage Bay Shellfish Protection Districts
Buchanan moved to appoint Elenbaas. The motion was seconded by Byrd.
The motion carried by the following vote:
Aye: 7 - Donovan, Elenbaas, Frazey, Galloway, Kershner, Buchanan, and
Byrd
Nay: 0
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EMS Oversight Board Representative
Buchanan and Byrd discussed the nomination and Buchanan withdrew his
name from consideration.
Frazey moved to appoint Byrd. The motion was seconded by Buchanan.
The motion carried by the following vote:
Aye: 7 - Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and
Donovan
Nay: 0
EMS Oversight Board Alternate Representative
Buchanan moved to appoint Frazey. The motion was seconded by
Galloway.
The motion carried by the following vote:
Aye: 6 - Frazey, Galloway, Kershner, Buchanan, Donovan, and Elenbaas
Nay: 1 - Byrd
Flood Control Zone Committee (Ex OfficioI
Buchanan moved to appoint Elenbaas. The motion was seconded by
Kershner.
The motion carried by the following vote:
Aye: 7 - Kershner, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and
Galloway
Nay: 0
Incarceration Prevention and Reduction Task Force (And Appoint one
alternate
Byrd moved to appoint Buchanan. The motion was seconded by Frazey.
The motion carried by the following vote:
Aye: 7 - Kershner, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and
Galloway
Nay: 0
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Buchanan moved to appoint Kershner as the alternate. The motion was
seconded by Frazey.
The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and
Kershner
Nay: 0
Intergovernmental Tribal Relations Committee Appt. TWO)
Kershner moved to appoint Elenbaas and Frazey. The motion was seconded
by Byrd.
Councilmembers discussed the motion.
Kershner stated she could amend her motion to appoint Elenbaas and
Galloway but a formal motion was not made.
Councilmembers continued to discuss the nominees.
The motion to appoint Elenbaas and Frazey carried by the following vote:
Aye: 5 - Byrd, Donovan, Elenbaas, Kershner, and Buchanan
Nay: 2 - Frazey and Galloway
LEOFF Board
Byrd moved to appoint Buchanan. The motion was seconded by Galloway.
The motion carried by the following vote:
Aye: 7 - Donovan, Elenbaas, Frazey, Galloway, Kershner, Buchanan, and
Byrd
Nay: 0
Local Emergency Planning Committee (LEPQ
Byrd moved to appoint himself. The motion was seconded by Kershner.
The motion carried by the following vote:
Aye: 7 - Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and
Donovan
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Nay: 0
Lummi Island Ferry Advisory Committee - Appoint ONE non -voting
attendee
Kershner moved to appoint Donovan. The motion was seconded by
Buchanan.
The motion carried by the following vote:
Aye: 7 - Frazey, Galloway, Kershner, Buchanan, Byrd, Donovan, and
Elenbaas
Nay: 0
Lummi Island Ferry Advisory Committee - Appoint TWO alternates if
Council wishes
Kershner moved to appoint Elenbaas and Frazey. The motion was seconded
by Buchanan.
The motion carried by the following vote:
Aye: 7 - Galloway, Kershner, Buchanan, Byrd, Donovan, Elenbaas, and
Frazey
Nay: 0
Marine Resources Committee
Elenbaas stated he would withdraw his name from consideration.
Buchanan moved to appoint Donovan. The motion was seconded by
Kershner.
The motion carried by the following vote:
Aye: 7 - Kershner, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and
Galloway
Nay: 0
North Sound Behavioral Health Exec. Committee
Buchanan moved to appoint Kershner. The motion was seconded by
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Frazey.
The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and
Kershner
Nay: 0
Northwest Clean Air Agency
Elenbaas moved to appoint Donovan. The motion was seconded by
Buchanan.
The motion carried by the following vote:
Aye: 7 - Byrd, Donovan, Elenbaas, Frazey, Galloway, Kershner, and
Buchanan
Nay: 0
Northwest Regional Council NWRQ
Buchanan `roved to appoint Kershner. The motion was seconded by
Frazey.
The motion carried by the following vote:
Aye: 7 - Donovan, Elenbaas, Frazey, Galloway, Kershner, Buchanan, and
Byrd
Nay: 0
Opportunity Council
Kershner moved to appoint Galloway and removed her own name from
consideration. The motion was seconded by Buchanan.
The motion carried by the following vote:
Aye: 7 - Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and
Donovan
Nay: 0
Public Defense Advisory
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Frazey moved to appoint Elenbaas. The motion was seconded by Kershner.
The motion carried by the following vote:
Aye: 7 - Frazey, Galloway, Kershner, Buchanan, Byrd, Donovan, and
Elenbaas
Nay: 0
Councilmembers discussed who held this position last year.
Public Health Advisory Board
Kershner moved to appoint Buchanan and withdrew her own name from
consideration. The motion was seconded by Frazey.
The motion carried by the following vote:
Aye: 7 - Galloway, Kershner, Buchanan, Byrd, Donovan, Elenbaas, and
Frazey
Nay: 0
Solid Waste Advisory
Buchanan moved to appoint Frazey. The motion was seconded by
Kershner.
The motion carried by the following vote:
Aye: 7 - Kershner, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and
Calloway
Nay: 0
Stakeholder Advisory Committee (SAC)
Kershner moved to appoint Buchanan. The motion was seconded by Byrd.
The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and
Kershner
Nay: 0
WSAC Alternate Board Member (The Executive is the active representative,
Councilmember is alternate)
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Byrd moved to appoint Galloway to the WSAC Alternate Board Member
position and Kershner to the WSAC Legislative Steering Committee
(below). The motion was seconded by Kershner.
Galloway requested that they consider her for the WSAC Legislative
Steering Committee.
Byrd's motion failed by the following vote:
Aye: 3 - Byrd, Elenbaas, and Kershner
Nay: 4 - Donovan, Frazey, Galloway, and Buchanan
Frazey moved to appoint Galloway as the WSAC Alternate Board Member.
The motion was seconded by Kershner.
The motion carried by the following vote:
Aye: 7 - Donovan, Elenbaas, Frazey, Galloway, Kershner, Buchanan, and
Byrd
Nay: 0
WSAC Optional Alternate Board Member (Res2019-008)
Kershner moved to appoint herself. The motion was seconded by Galloway.
The motion carried by the following vote:
Aye: 6 - Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan
Nay: 0
Abstain: 1 - Elenbaas
WSAC Legislative Steering Committee
Buchanan moved to appoint Galloway. The motion was seconded by
Frazey.
Kershner withdrew her name from consideration.
The motion carried by the following vote:
Aye: 7 - Frazey, Galloway, Kershner, Buchanan, Byrd, Donovan, and
Elenbaas
Nay: 0
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WSAC Timber Counties Caucus - Optional
And
WSAC Coastal Counties Caucus - Optional
Buchanan moved to appoint Galloway to both positions.
The motion carried by the following vote:
Aye: 7 - Galloway, Kershner, Buchanan, Byrd, Donovan, Elenbaas, and
Frazey
Nay: 0
Whatcom Transportation Authority
Buchanan moved to appoint Donovan. The motion was seconded by Frazey.
The motion carried by the following vote:
Aye: 7 - Kershner, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and
Galloway
Nay: 0
Clerk's note: Councilmembers took a five minute break.
This agenda item was APPOINTED.
2. AB2022_-033 Resolution affirming the Whatc_,om County Council's annointment to fill 42nd
Legislative District vacancy
Councilmembers discussed how to proceed with the process.
Elenbaas was recognized as recused for this portion of the meeting.
Byrd moved to give each candidate three minutes for a presentation with
time for follow up questions. The motion was seconded by Buchanan.
Dana Brown -Davis, Clerk of the Council, answered if there was anything in
particular that the nominees were told to expect.
Buchanan stated he agrees with the motion.
The motion carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
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Nay: 0
Recused: 1 - Elenbaas
The candidates were admitted as panelists to the meeting so that they could
turn on their cameras and Councilmembers discussed whether all candidates
should be present in the virtual room at once or only one at a time.
The Candidates presented in the following order:
Ben Elenbaas provided information about why he was seeking to fill the
vacant position in the 42nd Legislative District and answered questions
from the Councilmembers (Approximate Timestamp: 1:31:26).
Simon Sefzik provided information about why he was seeking to fill the
vacant position in the 42nd Legislative District and answered questions
from the Councilmembers (Approximate Timestamp: 1:44:00).
Tawsha Dykstra Thompson provided information about why she was seeking
to fill the vacant position in the 42nd Legislative District and answered
questions from the Councilmembers (approximate Timestamp: 1:53:42).
Approximate Timestamp: 2:11:41
Buchanan moved to nominate all three applicants to this position and then
take a voice vote to vote their preferences. The motion was seconded by
Frazey.
Byrd suggested a friendly amendment to update the motion to only the
nomination of the three candidates.
Buchanan accepted the friendly amendment.
Donovan began to speak about the possibility of Elenbaas holding two
offices but Councilmembers first addressed the motion on the floor.
The motion carried by the following vote:
Aye: 6 - Byrd, Donovan, Frazey, Galloway, Kershner, and Buchanan
Nay: 0
Recused: 1 - Elenbaas
Councilmembers then discussed the candidates.
Karen Frakes, Prosecuting Attorney's Office, answered whether the section
of the Whatcom County Charter which addresses conflict of interest by
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serving in multiple offices is referring to a general office or is specific to a
County office. She stated it is in reference to another County office and it
does not apply to this situation.
Councilmembers continued to discuss holding more than one position and
thanked the candidates for corning today.
Councilmembers voted as follows:
Donovan voted for Sefzik
Elenbaas was recused.
Frazey voted for Sefzik
Galloway voted for Sefzik
Kershner voted for Elenbaas
Buchanan voted for Sefzik
Byrd voted for Elenbaas
Sefzik was appointed 4(Sefzik) to 2(Elenbaas).
Satpal Sidhu, County Executive, congratulated Sefzik and thanked the
candidates.
Angela Anderson, Whatcom County District Court Judge, administered the
Washington State Senate Oath of Office to swear in Simon Sefzik.
Dana Brown -Davis, Clerk of the Council, asked that Sefzik call her to get
the paperwork ready to get down to the Senate this afternoon.
Simon Sefzik was appointed and this Resolution was APPROVED.
Enactment No: RES 2022-001
Items Added by Revision
Other Business
Adjournment
There were no agenda items added by revision.
Byrd moved to change the starting time for the Finance and Administrative
Services Committee from 1 p.m. to 1:30 p.m. and the Councilmembers
concurred.
The meeting adjourned at 12:24 p.m.
The County Council approved these minutes on January 25, 2022.
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ATTEST: � a 111 H I0.
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Daria Brown DaA9,,-Council Clerk
Kristi Felbinger, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
Todd Donovan, Council Chair
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