HomeMy WebLinkAboutCouncil Jan 25 2022Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Minutes - Final
Tuesday, January 25, 2022
6PM
Virtual Meeting
VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT
www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010); AGENDA
REVISED 1.25.2022
COUNCILMEMBERS
Barry Buchanan
Tyler Byrd
Todd Donovan
Ben Elenbaas
Carol Frazey
Kaylee Galloway
Kathy Kershner
CLERK OF THE COUNCIL
Dana Brown -Davis, C.M.C.
Council Minutes - Final January 25, 2022
COUNTY COUNCIL
CALL TO ORDER
Council Chair Todd Donovan called the meeting to order at 6 p.m. in a
virtual meeting.
ROLL CALL
Present: 7 - Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,
Kaylee Galloway, and Kathy Kershner
Absent: None
FLAG SALUTE
ANNOUNCEMENTS
The Council is accepting applications to fill vacancies on the Board of
Equalization. Applicants must be registered voters and live in Council
District 3 or 5. The Board of Equalization hears property tax appeals and
complaints regarding the Assessor's property value determination. Hearings
are on Wednesdays and Thursdays. If you are interested and meet these
qualifications, please let us know at 360-778-5010 or email the council at
Council@co.whatcom.wa.us.
COUNTY EXECUTIVE'S REPORT
Satpal Sidhu, County Executive, stated he did not have a report.
MINUTES CONSENT
Buchanan moved to accept the minutes consent items. The motion was
seconded by Frazey (see votes on individual items below).
1. MiN_2022-005 Special Council for January 11, 2022
Buchanan moved and Frazey seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
2. MIN2.022-006 Regular County Council for January 11, 2022
Buchanan moved and Frazey seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
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Nay: 0
Absent: 0
3. MIN2022-007 Water Work Session for January 18, 2022
Buchanan moved and Frazey seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
PUBLIC HEARING
1. AB2021..-_664 Ordinance establishing a speed limit on a portion of Alderson Road
Donovan opened the Public Hearing and, hearing no one, closed the Public
Hearing.
Byrd moved and Buchanan seconded that the Ordinance Requiring a Public
Hearing be ADOPTED.
Jim Karcher, Public Works Department, briefed the Councilmembers and
answered whether this area is where the County was doing some
maneuvering with the golf cart zone.
Byrd's motion that the Ordinance Requiring a Public Hearing be ADOPTED
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2022-002
OPEN SESSION (20 MINUTES)
Council staff played a short instructional video about how to speak at the
meeting.
The following people spoke:
• Rob Lewis
• Michael Feerer
• Todd Lagestee
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• Alexandra Williams
• Alexander Harris
• Sarah Gardam
• Megan Wiseman
• Richard Tran
• Wendy Harris
• Shean Halley
• Misty Flowers
• Jean Purcell
• Sara Rose
• Jennifer Durant
• Robert Bystrom
• Ken Domorod
• Judith Akin
• Fran Isbell
• Craig Robinson
• Andie Ward
• Natalie Chavez
• Hannah Ordos
• Nancy Bergman
• Karla Rae
• Skip Hamilton
• Lynnette Allen
Byrd spoke to Michael Feerer and requested he send the remainder of his
comments to the CO'unCll and he aim spoke to those `v'vho had comments
about masking and vaccines.
Hearing no one else, Donovan closed the Open Session.
Councilmembers took a five-minute break.
CONSENT AGENDA Part 1
(From Council Finance and Administrative Services Committee)
Byrd reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items 1-14.
Kershner moved to remove AB2022-051 and AB2022-056 (Agenda item
numbers 7 and 10) from the Consent Agenda based on open session
comments and an email received. The motion was seconded by Byrd.
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The motion carried by the following vote:
Aye: 7 - Frazey, Galloway, Kershner, Buchanan, Byrd, Donovan, and
Elenbaas
Nay: 0
Councilmembers voted on Consent Agenda Items 1-6, 8-9, and 11-14 (see
votes on individual items below).
1. AB220 2-030 Resolution cancelling uncollectible personal property taxes
Byrd reported for the Finance and Administrative Services Committee and
moved that the Resolution be APPROVED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: RES 2022-002
2. A132022-034 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Kittitas County for jail services when extra housing is
needed for Whatcom County Jail inmates
Byrd reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
3. AB2022-043 Request Authorization for the County Executive to enter into a contract between
Whatcom County and the Washington State Office of Public Defense for the
enhancement of Public Defense in the amount of $209,111.00
Byrd reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
4. AB2022-04� Resolution to approve annual petition for refunds paid list consistent with RCW
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84.69.020
Byrd reported for the Finance and Administrative Services Committee and
moved that the Resolution be APPROVED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: RES 2022-003
5.1022 Orb Request authorization for the County Executive to enter into a contract between
Whatcom County and Washington State Military Department to prepare for all
hazards through Emergency Management programs, in the amount of $74,247
Byrd reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
6. AB2022-0d 1 Request authorization for the County Executive to enter into a contract between
Whatcom County and Washington State Military Department to prepare for all
hazards through Emergency Management programs, in the amount of $25,325
Byrd reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
7. AB2022__05]_ Request authorizaition for the County Executive to enter into an agreement between
Whatcom County and the Washington State Department of Natural Resources in the
amount of $9,900.00
This item was considered separately. See motion and vote below.
8. AB2022-052_ Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Lifeline Connections to provide jail behavioral health
and re-entry services in the amount of $604,882 for a total amended contract amount
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of $669,322
Byrd reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
9. AB2022-053 Request authorization for the County Executive to enter into a contract between
Whatcom County and Washington State Department of Ecology, in the amount of
$1,295,000
Byrd reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
10. AB2022-056 Request authorization for the County Executive to enter into an interlocal agreement
with the City of Bellingham for Joint Usage of the Vactor Waste Transfer Facility
This item was considered separately. See motion and vote below.
11. AB2022-05 7 Request authorization for the County Executive to enter in to a contract with GeoTest
Services, Inc. for on -call Construction Materials Testing and Inspection Construction
Services in an amount not to exceed $150,000
- - - - - Byrd reported for the Finance and Administrative Services Committee and -
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
12. A1:32022--058 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Lydia Place to provide emergency housing for families
experiencing unsheltered homelessness in the amount of $107,000 for a total
amended contract amount of $600,074
Byrd reported for the Finance and Administrative Services Committee and
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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
13. A132022-_059 Request authorization for the County Executive to enter into a collective bargaining
agreement between Whatcom County and the Fraternal Order of Police for the
period of January 1, 2022 - December 31, 2024
Byrd reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
14. 12022-060 Request authorization for the County Executive to enter into a Collective Bargaining
Agreement between Whatcom County and PROTEC17 for the period of January 1,
2022 - December 31, 2023
Byrd reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
OTHER ITEMS Part 1
(From Council Finance and Administrative Services Committee)
1. AB2022-01_2 Ordinance establishing the Geneva Bioretention Pilot Project Fund and establishing a
project based budget for the Geneva Bioretention Pilot Project
Byrd reported for the Finance and Administrative Services Committee and
moved that the Ordinance be ADOPTED.
Frazey asked and Dana Brown -Davis, Clerk of the Council, answered
whether they should go in the order of the agenda and go back to the
remaining items that were removed from the Consent Agenda.
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Byrd withdrew his motion.
Enactment No: ORD 2022-003
See action on this item below.
CONSENT AGENDA (Items Removed from Consent) Part 2
(From Council Finance and Administrative Services Committee)
7. AB2022-051 Request authorizaition for the County Executive to enter into an agreement
between Whatcom County and the Washington State Department of Natural
Resources in the amount of $9,900.00
Byrd reported for the Finance and Administrative Services Committee and
moved that the Agreement be AUTHORIZED.
Jon Hutchings, Public Works Department Director, answered whether this
project is experimental and dangerous and stated maybe the best thing to do
here is to ask that we just hold this until next meeting at which time we can
bring up in the Natural Resources Committee the people who are running
that program and they can answer those questions more directly about the
implications if it suits the Council. He answered who is licensed to do
aquatic application of herbicide.
Byrd moved to hold the item. The motion was seconded by Buchanan.
Councilmembers discussed the motion, what committee the item should go
to if it was held, and why it has to be approved by the Council since it does
not exceed the $40,000 threshold.
The motion failed by the following vote;_
Aye: 1 - Donovan
Nay: 6 - Kershner, Buchanan, Byrd, Elenbaas, Frazey, and Galloway
Byrd's motion that the Agreement be AUTHORIZED carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
10. AB2022-056 Request authorization for the County Executive to enter into an interlocal
agreement with the City of Bellingham for Joint Usage of the Vactor Waste
Transfer Facility
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Byrd reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED.
Councilmembers discussed why this item was pulled from the Consent
Agenda.
Jon Hutchings, Public Works Department Director, stated he would reach
out to the constituent who asked what we do with the waste we collect, and
he answered what the current controversy is regarding how the City of
Bellingham is attempting to manage the waste water sludge.
Byrd's motion that the Interlocal be AUTHORIZED carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
OTHER ITEMS Part 2
(From Council Finance and Administrative Services Committee)
1. AB2022 012 Ordinance establishing the Geneva Bioretention Pilot Project Fund and
establishing a project based budget for the Geneva Bioretention Pilot Project
Byrd reported for the Finance and Administrative Services Committee and
moved that the Ordinance be ADOPTED.
Jon Hutchings, Public Works Department Director, answered whether any
funding for this is coming out of the Behavioral Health Program Fund.
Byrd's motion that the Ordinance be ADOPTED carried by the following
vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2022-003
2. AB2022-0.1.3, Ordinance amending the 2022 Whatcom County Budget, request no. 4, in the
amount of $1,619,951
Byrd reported for the Finance and Administrative Services Committee and
stated the committee has held this item in committee for further
information until our next meeting.
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Frazey moved that the Ordinance be ADOPTED. The motion was seconded
by Galloway.
Councilmembers discussed the motion and the following people answered
questions:
• Erika Lautenbach, Health Department Director
• Tyler Schroeder, Executive's Office
Schroeder walked through the background of the Ordinance.
Lautenbach answered whether this Ordinance is independent of the full
transition or a pre -cursor, and whether there would be a disruption of
services if this was not adopted tonight.
Frazey's motion that the Ordinance be ADOPTED carried by the following
vote:
Aye: 4 - Buchanan, Donovan, Frazey, and Galloway
Nay: 2 - Byrd, and Elenbaas
Absent: 0
Abstain: 1 - Kershner
Enactment No: ORD 2022-004
3. AB2022-044 Request authorization for the County Executive to enter into a contract between
Whatcom County and Ideal Options for Physician Services in the amount of
$277,842.00
Byrd reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED. The motion carried by
the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
4. A t2022 049 Request authorization for the County Executive to enter into a Memorandum of
Understanding for the Way Station
Byrd reported for the Finance and Administrative Services Committee and
moved that the Memorandum of Agreement be AUTHORIZED.
Councilmembers discussed why Byrd abstained on this item in committee
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and discussed the item.
Byrd's motion that the Memorandum of Agreement be AUTHORIZED
carried by the following vote:
Aye: 5 - Buchanan, Donovan, Frazey, Galloway, and Kershner
Nay: 2 - Byrd, and Elenbaas
Absent: 0
5. AC32)224050 Request authorization for the County Executive to enter into a contract
amendment between Whatcom County and Pacific Security to provide security
services at COVID isolation and quarantine facilities and community vaccine
clinics in the amount of $48,201 for a total amended contract amount of
$224,210
Byrd reported for the Finance and Administrative Services Committee and
stated it was recommended not to be approved and Councilmembers
discussed the action taken in Committee. He moved to not pass the item.
Frazey moved and Galloway seconded that the Contract be AUTHORIZED.
Councilmembers discussed the concerns that were expressed in the Finance
Committee and the following people answered questions:
• Erika Lautenbach, Health Department Director
• Tyler Schroeder, Executive's Office
Lautenbach answered questions about whether there is any retroactive
payment, and the money that is going toward paying for a car.
Schroeder spoke about the scope of work of this contract and one
previously approved.
Byrd withdrew his original motion not to pass and left it as a
recommendation.
Frazey's motion that the Contract be AUTHORIZED carried by the
following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: I - Elenbaas
Absent: 0
6. AB2022-055 Request authorization for the County Executive to enter into an interlocal
agreement between Whatcom County and Whatcom Conservation District, in the
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amount of $35,000 (Council acting as the Whatcom County Flood Control Zone
District Board of Supervisors)
Byrd reported for the Finance and Administrative Services Committee and
moved that the Contract (FCZDBS) be AUTHORIZED.
Councilmembers voted on the item (see below) and Elenbaas spoke about
the item.
Byrd's motion that the Contract (FCZDBS) be AUTHORIZED carried by
the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
(From Council Planning and Development Committee)
7. 1i1132021-744 Resolution approving recommendations on three applications for Open Space Current
Use Assessment
Elenbaas reported for the Planning and Development Committee and
moved that the Resolution be APPROVED.
Councilmembers discussed why the two applicants were kept in that were
not recommended by the Planning and Development Services Department
staff and OSP2020-00004 for which staff did not recommend approval and
the Planning Commission made no recommendation.
Elenbaas's motion that the Resolution be APPROVED carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: RES 2022-004
(From Council Committee of the Whole)
8. AB202,1-209 Resolution regarding permanent affordability of childcare in Whatcom County
Frazey moved and Buchanan seconded that the "Revised Resolution as
Revised on 1.25.2022" on the Legislative Information Center be
APPROVED.
Councilmembers discussed the version being considered and whether this is
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an amendment or a substitute Resolution.
Dana Brown -Davis, Clerk of the Council, requested that they move to
approve the substitute version as revised on January 25, 2022.
Frazey restated her motion to approve the SUBSTITUTE Resolution from
today (January 25, 2022). The motion was seconded by Buchanan.
Kershner spoke about being careful not to allocate the money for things
that do not last.
Galloway asked about a scrivener's error in the Resolution.
Frazey's motion that the SUBSTITUTE Resolution be APPROVED carried
by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Abstain: 1 - Elenbaas
Enactment No: RES 2022-005
COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. A132022-026 Council appointment to fill vacancies on the Incarceration Prevention and Reduction
Task Force - Applicant(s): Jason McGill, Jason Smith, Jenn Lockwood, Gregory
Todd Lagestee, Heather Flaherty, Deborah Hawley, McKale Jones, Debra David
Jill Nixon, Council Office staff, spoke about a suggested process.
Buchanan moved and Byrd seconded to nominate both applicants for the
Consumer of services or family member position.
Councilmembers discussed the motion and voted as follows:
Deborah Hawley, incumbent: 6 - Frazey, Galloway, Kershner, Buchanan,
Byrd, and Donovan
Debra David: 1 - Elenbaas
Appointed: Deborah Hawley
Kershner moved and Buchanan seconded to nominate the four remaining
applicants for the Concerned Citizen position.
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Councilmembers discussed the motion and voted as follows:
Heather Flaherty, incumbent: 7 - Buchanan, Byrd, Donovan, Elenbaas,
Frazey, Galloway, and Kershner
McKale Jones: 0
Gregory Todd Lagestee: 0
Debra David:0
Appointed: Heather Flaherty
Kershner moved and Buchanan seconded to nominate all four applicants for
the Social Services Provider position.
Councilmembers discussed the motion and each voted for two applicants as
follows:
Jason McGill: 5 - Buchanan, Byrd, Frazey, Galloway, and Kershner
Jason Smith: 2 - Byrd, and Elenbaas
Jenn Lockwood: 4 - Donovan, Elenbaas, Frazey, and Kershner
Gregory Todd Lagestee: 3 - Buchanan, Donovan, and Galloway
Appointed: Jason McGill and Jenn Lockwood
This agenda item was APPOINTED.
2. AB2022-054 Council appointment to the Flood Control Zone District Advisory Committee -
Alternate, applicant(s): Loren Hoekema (Council Acting as the Flood Control Zone
District Board of Supervisors )
Elenbaas moved and Frazey seconded that the Council Appointment be
APPOINTED.
Elenbaas commented on the motion.
Elenbaas's motion that the Council Appointment be APPOINTED carried by
the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
3. AB2022-068 Council appointment to fill vacancies on the Forestry Advisory Committee, Harvester
position - Applicant(s): Matt McGee
Buchanan moved and Byrd seconded that the Council Appointment be
APPOINTED. The motion carried by the following vote:
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Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
4.2021m 0E9 Council appointment to fill vacancy on the Lynden/Everson Flood Control Subzone
Advisory Committee - Applicant(s): Shawna DeKriek (Council Acting as the Flood
Control Zone District Board of Supervisors)
Kershner moved and Frazey seconded that the Council Appointment be
APPOINTED.
Elenbaas commented on the motion.
Kershner's motion that the Council Appointment be APPOINTED carried by
the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND
COMMITTEES
1. AB,202.2-061 Request confirmation of the County Executive's appointments and reappointments to
various county boards, committees and commissions
Dana Brown -Davis, Clerk of the Council, stated there is a substitute
summary and a substitute packet of applications ("Substitute Applications A
1.24.2022").
Galloway moved and Frazey seconded that the SUBSTITUTE Executive
Appointment be CONFIRMED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
ITEMS ADDED BY REVISION
1. AB2022-079 Ordinance amending Whatcom County Code 2.02.085, Council Standing
Committees - Committee Action
Councilmembers and Council staff discussed the order of considering this
item in the agenda.
Galloway moved to add AB2022-063 to the agenda then withdrew her
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motion since these are introduction items.
Councilmembers discussed when to talk about A132022-063.
Frazey moved and Galloway seconded that the Ordinance be
INTRODUCED.
Councilmembers discussed the item.
Frazey's motion that the Ordinance be INTRODUCED carried by the
following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Abstain: 1 - Byrd
Enactment No: ORD 2022-010
INTRODUCTION ITEMS
Buchanan moved to remove AB2021-606 from Introduction. The motion
was seconded by Kershner.
The motion carried by the following vote:
Aye: 6 - Frazey, Galloway, Kershner, Buchanan, Donovan, and Elenbaas
Nay: 0
Abstain: 1 - Byrd
Kershner moved to introduce items 1, 3, 4, S, 6, and 7. The motion was
seconded by Frazey.
Councilmembers and Council staff discussed how it is decided whether
these items will be scheduled for a committee, and the origin of the
ordinances. Councilmembers voted on the items (see votes on individual
items below).
1, ABZ022-9.48 Ordinance authorizing Superior Court to appoint a statutory commissioner
Kershner moved and Frazey seconded that the Ordinance be
INTRODUCED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
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Absent: 0
Enactment No: ORD 2022-009
2. A12001-06 Ordinance adopting amendments to the Whatcom County Code Title 20, Zoning, to
provide additional affordable housing options, including allowing and regulating tiny
homes and allowing duplexes in planned unit developments
Buchanan moved and Kershner seconded that the Ordinance Requiring a
Public Hearing be WITHDRAWN. The motion carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Abstain: 1 - Byrd
3.11022-036 Ordinance repealing the Cherry Point Ferndale Subarea Plan and deleting a reference
to the Subarea Plan in the Whatcom County Comprehensive Plan
Kershner moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried
by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
4. AB2022-039 Ordinance to temporarily close Gulf Road to Motorized Vehicular Traffic
Kershner moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried
by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2022-005
5. AB2022--040 Ordinance for the legal establishment of a speed limit for a portion of Nulle Road
Kershner moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried
by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
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Nay: 0
Absent: 0
Enactment No: ORD 2022-006
6. AB 2022, 041 Ordinance to install a stop sign on Northwest Drive
Kershner moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried
by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2022-007
7. A132022-042 Ordinance regarding the legal establishment of existing yield signs on county roads
Kershner moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried
by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2022-008
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Councilmembers gave committee reports.
Galloway spoke about AB2022-063 Letter to Commissioner of Public
Lands and Washington State Board of Natural Resources regarding
proposed Bessie Sorts Timber Sale and moved to approve the revised letter.
The motion was seconded by Frazey.
Dana Brown -Davis, Clerk of the Council, clarified that this is the substitute
letter.
The motion carried by the following vote:
Aye: 4 - Buchanan, Donovan, Frazey, and Galloway
Nay: 2 - Kershner and Elenbaas
Abstain: 1 - Byrd
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Cathy Halka, Council Legislative Analyst, briefed the Councilmembers
about the kick-off meeting for the COVID-19 pandemic response review
contract on January 27, 2022.
Councilmembers discussed whether Councilmembers should be present at
the kick-off meeting and the purpose of the meeting.
Kershner moved that she and one other Councilmember who wants to go
will participate in this meeting. She suggested that Elenbaas be the other
Councilmember. The motion was seconded by Byrd.
Councilmembers discussed the motion and Buchanan stated he would
volunteer to join Kershner.
Kershner revised her motion that she and Buchanan will participate in the
meeting. The motion was seconded by Elenbaas.
Councilmembers discussed the motion, the agenda topics of the meeting,
and other meeting options.
The following spoke about whether it would be an issue with quorum since
Kershner and Buchanan are both on the Public Works and Health
Committee:
• Dana Brown -Davis, Clerk of the Council
• Karen Frakes, Prosecuting Attorney's Office
Kershner amended her motion that just she will participate in the meeting.
She stated she would report back to Council.
Councilmembers continued to discuss the motion.
The motion carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 1 - Byrd
Elenbaas spoke about and Councilmembers discussed trying to meet in
person for at least a portion of their meetings.
Kershner moved that they ask staff to give them an update at the next
Committee of the Whole meeting on where we are with technology and any
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Motions were approved.
ADJOURN
other issues regarding opening the Council Chambers in a hybrid capacity.
The motion was seconded by Galloway.
Councilmembers discussed the motion.
Karen Frakes, Prosecuting Attorney's Office, stated she believes it is still
the law that they have to have a hybrid component so the meetings would
have to be hybrid meetings.
The motion carried by the following vote:
Aye: 7 - Byrd, Donovan, Elenbaas, Frazey, Galloway, Kershner, and
Buchanan
Nay: 0
Councilmembers gave other updates.
The meeting adjourned at 10:27 p.m.
The County Council approved these minutes on February 8, 2022.
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Kristi Felbinger, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
Todd Donovan, Council Chair
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