HomeMy WebLinkAboutCouncil Mar 22 2022Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Minutes - Final
Tuesday, March 22, 2022
6PM
Virtual Meeting
HYBRID MEETING (PARTICIPATE IN -PERSON OR SEE REMOTE JOIN
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 Minutes - Final March 22, 2022
COUNTY COUNCIL
CALL TO ORDER
Council Vice Chair Barry Buchanan called the meeting to order at 6:01 p.m.
in a hybrid 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
COUNTY EXECUTIVE'S REPORT
Satpal Sidhu, County Executive, updated on the following:
• County offices now being open to in -person business
• The November flood recovery assistance and repair work
• Funds and programs received by our county and a congratulations to
the Legislators from the 40th and 42nd District for getting those
during the recent State legislative session
• The hybrid model of Council meetings staying into the future
• Remembering those lost as a result of the pandemic and still taking
precautions
MINUTES CONSENT
Donovan moved to accept the minutes consent items. The motion was
seconded by Kershner (see votes on individual items below).
1. MIN2022-020 Committee of the Whole for March 8, 2022
Donovan moved and Kershner seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
2. MIN2022-021_ Regular County Council for March 8, 2022
Donovan moved and Kershner seconded that the Minutes Consent be
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APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
3. MIN2022-022 Water Work Session for March 15, 2022
Donovan moved and Kershner seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
PUBLIC HEARINGS
Buchanan described how the hearings will work for the hybrid meeting.
Council staff played a short instructional video about how to speak at the
meeting.
1. AB2022- i 2 I Resolution vacating a portion of Horton Road
Andrew Hester, Public Works Department, briefed the Councilmembers
and answered whether this item and the next Public Hearing item
(AB2022-122) are related, whether public access will be continued after
this is transferred, whether these are areas Bellingham will potentially
annex, how the County would be better served by giving this to the City of
Bellingham and letting the City give some of it to private property owners
as opposed to keeping these for our wetland mitigation purposes and
keeping property with some public access, and whether Bellingham would
be accepting it into their system and maintaining it if the road is vacated.
Scott Havill, City of Bellingham Mitigation Coordinator, addressed some
of the questions.
Hester and Havill answered questions about the location of this portion of
road, whether there is actual road there yet, and at what point the City of
Bellingham will incorporate this as an Urban Growth Area (UGA) and
actually roll it into the city limits.
Councilmembers discussed whether the Council would like to have further
discussion on this and whether to forego the public hearing and put the item
back in committee, have a hearing and leave it open, or have a hearing and
then re -do it.
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Kershner stated the County does not own the property. The City owns the
property and the County just has a right-of-way for the road so this is not
going to serve the County as a wetland mitigation bank.
Elenbaas stated he would like to hear from the public and then decide where
they are going to go after that.
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Hearing for tonight but left the hearing open until such time they decide
what they want to do.
Councilmembers and the speakers discussed why the City of Bellingham
does not incorporate the whole area into the city limits at one time, whether
there is one or two pieces of property, and whether this is time sensitive.
Matt Gossett, City of Bellingham, stated the property owners were not
available to speak to this but they did, however, need to sign a petition to get
this process started.
The following person spoke for the public hearing:
• Mary Gibb
Councilmembers discussed the map included in the packet.
Donovan moved and Galloway seconded that the Resolution be
APPROVED.
Councilmembers discussed the motion.
The motion carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 1 - Byrd
Buchanan closed the public hearing on this agenda bill.
Clerk's note: This item was reconsidered below after AB2022-156.
PUBLIC HEARING HELD (file not final).
Enactment No: RES 2022-016
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Action Summary: A public hearing was held and the Resolution was approved 6-1 with Byrd opposed. The item was
later reconsidered below after AB2022-156.
2. M32022n122 Resolution vacating a portion of Boxwood Road
Andrew Hester, Public Works Department, stated he did not have anything
else to add on this item.
Scott Havill, City of Bellingham Mitigation Coordinator, spoke about the
fees for the transaction in terms of the cost of the appraised value of the
land and a request that the language about the retained easement be
removed.
Jon Hutchings, Public Works Department Director, stated these requests
are new to him and he is curious whether they were part and parcel to the
original application discussions.
Hester and Hutchings responded to the requests stated by Havill.
Frazey asked if this could come forward at a different time in a different
resolution.
Buchanan stated they would not really be able to hold a hearing tonight on
what they have in their packet if they want to make these substantial changes
so they are going to have to make some decisions.
Donovan moved to hold it over. The motion was seconded by Frazey.
Havill answered whether the requests are only for this portion or whether
they were for the last item (AB2022-121) as well.
Kershner asked if it would be beneficial to have the public hearing tonight
to hear if there is anything else that they would want to have staff take a
look at.
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Hearing.
Hutchings stated they can shoot for bringing it back on April 12, 2022.
Councilmembers and staff discussed whether it will go to a committee or
straight back to a public hearing.
Kershner stated it could be hosted in the Public Works and Health
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Committee and asked if they need to have another public hearing.
Buchanan stated there might be substantial changes so they could have a
work session on it that day and then, if they get through it, they can have the
hearing that night. This is a motion to hold until April 12th with a public
hearing but we will put it into the Public Works and Health Committee that
afternoon.
Dana Brown -Davis, Clerk of the Council, clarified and Buchanan affirmed
that the Council would also like to have the Public Hearing on April 12th as
well.
Donovan's motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: RES 2022-017
3. 'AB2022 -136 Ordinance changing the name of Bear Trap Road to Bear Spirit Road
Jim Karcher, Public Works Department, answered where this request
originated and whether there was anyone on the road that disagreed with it.
Buchanan opened the Public Hearing and the following people spoke:
• Robert Hoffman
• Misty Flowers
• Karla Rae
Hearing no one else, Buchanan closed the Public Hearing.
Frazey moved and Galloway seconded that the Ordinance Requiring a
Public Hearing be ADOPTED.
Jim Karcher, Public Works Department answered what the process is for
changing a road name, whether the applicants pay the $200 for the signage
change, and how many people signed saying they were in favor of this
change.
Councilmembers discussed the motion.
Frazey's motion that the Ordinance Requiring a Public Hearing be
ADOPTED carried by the following vote:
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Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2022-022
4. AB2022-1_3 7 Ordinance for temporary installation of a stop sign on Drayton Harbor Road
Jim Karcher, Public Works Department, briefed the Councilmembers and
answered whether they expect the road to be fixed at some point.
Buchanan opened the Public Hearing and the following people spoke:
• Dennis Rensink
• Lyle Anderson
Hearing no one else, Buchanan closed the Public Hearing.
Frazey moved and Kershner seconded that the Ordinance Requiring a Public
Hearing be ADOPTED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2022-023
5. AB2022-138 Ordinance for temporary installation of stop signs on South Pass Road
Jim Karcher, Public Works Department, briefed the Councilmembers.
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Hearing.
Byrd moved and Kershner seconded that the Ordinance Requiring a Public
Hearing be ADOPTED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2022-024
6. AB2022 156 Ordinance repealing Ordinance 2022-005, temporary closure of Gulf Road
Jim Karcher, Public Works Department, stated he was available to answer
questions.
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Buchanan opened the Public Hearing and the following people spoke:
• Dale McGuire
• Eleanor Hines
• Robert Hoffman
• Name not given
• Mary Wilson
• Name not given
• Lyle Anderson
• Eric Bowen
• Robert Kaye
• Jessica Spencer
• Tom Stone
Hearing no one else, Buchanan closed the Public Hearing.
Buchanan moved and Frazey seconded that the Ordinance Requiring a
Public Hearing be ADOPTED.
Councilmembers discussed the motion, what is and what is not considered
trespassing, the fact that the only public access is the road and the
right-of-way and not the beach, that driving on the road is risking driving on
a Native American heritage site, that there is more that the Council needs to
consider, providing more clarity to the public on -site, Washington State
laws regarding public access to beaches and tidelands, using this ordinance
as a reset button to look at it again and maybe adopt something d,-VP- eiit,
looking at the planning code and how they can enhance public access to
shorelines, whether all the information was given to the Council when they
adopted the original ordinance, and working toward a solution that everyone
can be happy with.
Jim Karcher, Public Works Department, answered a question about the
condition of the road, whether it is a Native American heritage site, and how
much it would cost to repair the road.
Byrd continued to discuss the motion.
Karen Frakes, Prosecuting Attorney's Office, answered questions about
Revised Code of Washington (RCW) 9A.52.080 which addresses criminal
trespass in the second degree and whether people are committing criminal
trespass by being there without permission.
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Councilmembers discussed the motion and whether most shoreline in
Washington has public access, and Frakes answered at what point someone
is not trespassing.
Kershner moved to amend the ordinance to add the four whereas statements
as sent to the Council by Skip Sahlin on March 18, 2022 as follows:
WI-IF.'REAS, Council 9 pp� .. °ivatc,t9s c .
Cr°dnrse0005 ®relyff�Smcsrtol=era aid d� s
not invite tre�7ass Qrr ,,td���r�r� privat� la�1d�; a�7c1
WIIEIZlw l.�sx. Cotincil_wiil, iistruc;i„Whatcom Co.ti t )ubli ;. Wor s to
install accurate si a notiNjji t e pjibl_(; t1fat tk,l2ra��rt not
dix°witty on the Cou7ty_ri&htroof'- vM i 1ivate and closed to the
pgbll _sta�ti l �s c apij) (} "t �zc1,c ~tLnty ���;��t_c�� ��„�,N
Outlet" b "No Public Acc✓ss", c "S�o Beat h l �a°es l�e�-mitted" d
_ _ . __...Fires _... _._._. _. �_�_�
, "Dad ls� harking 1eri ttq e)n Whartccorn ounty_R jit ofW
njy ;_andq
e I-IE�R I'&,5Council will r� cfgest �i' WhatcocnwCc�un S? N. �
Office increased�s t(�tar rova��x�oo�1�er�t
address ll.le of activities and tresoas-,, q d
t_tlla:� Gulf Road is in �� ���ccr�
d sr s °...a d in x° cEtl�p _Ord ante 2022.005 it becomes ecec Ky..._
tor_ _Whatcom Count Public, Works.to_repair the road within its
�qi:ycyipd c i ht-oi`roer�a _tc� i��trLq e )as, a -And
The motion was seconded by Elenbaas.
Councilmembers and the following people discussed the motion:
• Karen Frakes
• Jon Hutchings, Public Works Department Director
• Satpal Sidhu, County Executive
They discussed whether the Whatcom County Charter would allow the
Council, in a whereas clause in an ordinance repealing another ordinance, to
directly require Public Works to take a certain action; whether the
ordinance can direct the Public Works Department to extend its authority to
something that affects activities on private land; and whether the Council is
willing to look at a long-term solution.
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Kershner stated she could withdraw her motion to amend but Elenbaas
stated the motion belongs to the body.
Kershner moved to call the question.
The motion to the call the question carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway and
Kershner
Nay: 0
The motion to amend failed by the following vote:
Aye: 3 - Kershner, Byrd, and Elenbaas
Nay: 4 - Galloway, Buchanan, Donovan, and Frazey
Kershner moved to amend the Ordinance to add the first of the suggested
whereas statement as follows:
WHEREAS Council reco�ni,zes privateprp e ri�hls and repealing
Ordinance 20224005 only affects the Court r ht-®f cvay and does
not invite trespss on„acent pt�i�t lr�ds2,
The motion was seconded by Elenbaas.
Councilmembers discussed the motion and Hutchings and Frakes answered
whether the amendment would be problematic or would be a substantial
change to the ordinance.
The motion to amend carried by the following vote:
Aye: 7 - Kershner, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and
Galloway
Nay: 0
Buchanan's motion that the Ordinance Requiring a Public Hearing be
ADOPTED AS AMENDED carried by the following vote:
Aye: 4 - Buchanan, Donovan, Frazey, and Galloway
Nay: 3 - Byrd, Elenbaas, and Kershner
Absent: 0
Enactment No: ORD 2022-025
1. AB2022-1211 Resolution vacating a portion of Horton Road
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Donovan moved and Buchanan seconded that the Resolution Requiring a
Public Hearing be RECONSIDERED. The motion carried by the following
vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: RES 2022-016
Donovan moved to hold the item until the next meeting. The motion was
seconded by Byrd.
Buchanan clarified that the motion is to hold until April 12th and to have
another public hearing as well.
Donovan's motion that the Resolution Requiring a Public Hearing be HELD
until the next meeting carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: RES 2022-016
OPEN SESSION (20 MINUTES)
Clerk's note: Council took a 10-minute break.
Council staff played a short instructional video about how to speak at the
meeting.
The following people spoke:
• Lyle Sorenson
• Mary Gibb
• Ken Domorod
• Richard Tran
• Barbara Powers
• Cliff Langley
• Robert Bystrom
• Nancy Bergman
• Helga DeLiban
• Enoch Mann
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• Klaus Klix
• Hannah Ordos
• John Marshall
• Natalie Chavez
• Jessica Crump
• Dam Pham
• Shean Halley
• Name not given
• Dave (last name not audible)
• Misty Flowers
Hearing no one else, Buchanan closed the Open Session.
CONSENT AGENDA
(From Council Finance and Administrative Services Committee)
Clerk's note: Councilmembers took a 10-minute break.
Byrd reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through twelve.
Councilmembers voted on those items (see votes on individual items
below).
1. AB2022- 139 Request authorization for the County Executive to enter into an Interlocal Agreement
modification between Whatcom County and the City of Bellingham for What -Comm
Communications Center operations and providing for the option of supplemental
services
Byrd reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
2.t2022-15. Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and MSNW Group, LLC to provide Isolation &
Quarantine Facility cleaning services in the amount of $15,000 for a total amended
contract amount of $70,000
Byrd reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
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Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
3. AB20 2 161. Request authorization for the County Executive to enter into a lease agreement
between Whatcom County and SpectraSite Communications to lease tower access at
the Blaine -Harvey Road Water Tower Site for seven years for a total of $189,559.07
Byrd reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
4. AB20222 11 68 Request authorization for the County Executive to enter into a Local Agency A&E
Professional Services Agreement between Whatcom County and Trantech
Engineering, LLC to provide on -call structural engineering support to the Whatcom
County bridge program
Byrd reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
5. B2022„-169 Request authorization for the County Executive to enter into a Local Agency A&E
Professional Services Agreement between Whatcom County and KPFF, Inc. to
provide on -call professional structural engineering support for the Whatcom County
bridge program in 2022
Byrd reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
6. A132022-1 70 Request authorization for the County Executive to enter into Grant Amendment No. 7
between Whatcom County and the State of Washington Department of Ecology to
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provide for continued implementation of the Swift Creek Sediment Management
Action Plan
Byrd reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
7. AB2022-1 74, Request authorization for the County Executive to award bid #22-06 and enter into a
contract between Whatcom County and Lake Union Drydock Company for the
annual dockside and maintenance repair of the Whatcom Chief Ferry in the amount of
$462,515.00
Byrd reported for the Finance and Administrative Services Committee and
moved that the Bid Award be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
8, AB2022--181 Request authorization for the County Executive to enter into a contract between
Whatcom County and Felix Solomon to repair the Centennial Totem Pole, in the
amount of $56,500
Byrd reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
9. AB2022-182 Request approval for the County Executive to enter into an agreement with Whatcom
Community Foundation in order to secure matching funds for the Jones Agricultural
Conservation Easement through the Conservation Easement Program
Byrd reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
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Nay: 0
Absent: 0
10. AB2022-185 Resolution amending Resolution 2021-048 for unrepresented Whatcom County
employees
Byrd reported for the Finance and Administrative Services Committee and
moved that the Resolution be APPROVED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: RES 2022-012
11. AB202 --186 Request authorization for the County Executive to enter into a Letter of Understanding
between Whatcom County and General Teamsters' Local Union 231 to amend the
Corrections Deputies and Sergeants Collective Bargaining Agreement for the period
January 1, 2019 - December 31, 2022
Byrd reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
12. B20,22 - 1,8 7 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Department of Veterans Affairs to
provide Veteran Service Officer services to indigent veterans and their families, in the
amount of $48,825
Byrd reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
OTHER ITEMS
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(From Council Climate Action and Natural Resources Committee)
1. AB2022- 178. Resolution authorizing Whatcom County Executive Satpal Sidhu to act as the
authorized representative on behalf of Whatcom County for Washington State
Recreation and Conservation Office Farmland Preservation project grant
Galloway reported for the Climate Action and Natural Resources
Committee and moved that the Resolution be APPROVED.
Councilmembers discussed the motion and how the County is preserving
farmland.
Tyler Schroeder, Executive's Office, answered why they should "authorize
Whatcom County Executive Satpal Sidhu as having full authority to bind
Whatcom County regarding all matters related to the project listed above"
as requested in the Staff Memo.
Galloway's motion that the Resolution be APPROVED carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: RES 2022-013
(From Council Finance and Administrative Services Committee)
2. AB2022e153. Ordinance amending the 2022 Whatcom County Budget, request no. 6, in the amount
01 of $i,3y3,462
Byrd reported for the Finance and Administrative Services Committee and
moved that the Ordinance be ADOPTED. The motion carried by the following
vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2022-026
3. AB2022-180 Request authorization for the County Executive to enter into a contract between
Whatcom County and Whatcom Dispute Resolution Center to operate the Eviction
Resolution Pilot Program, in the amount of $74,800
Byrd reported for the Finance and Administrative Services Committee and
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moved that the Contract be AUTHORIZED.
Councilmembers discussed the motion.
Byrd's motion that the Contract be AUTHORIZED carried by the following
vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
4. W2._022 -152 Resolution amending the Flood Control Zone District & Subzones 2022 budget,
request no. 1, in the amount of $1,421,000 (Council acting as the Whatcom County
Flood Control Zone District Board of Supervisors)
Byrd reported for the Finance and Administrative Services Committee and
moved that the Resolution (FCZDBS) be APPROVED. The motion carried by
the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: RES 2022-014
(From Council Committee of the Whole)
5. AB2021.-594 Ordinance amending Whatcom County Code Chapter 2.02 (County Council) to
define absence and temporary disability
Donovan reported for the Committee of the Whole and moved that the
Ordinance be ADOPTED.
Councilmembers discussed whether there was an amended version of the
Ordinance.
Donovan's motion that the Ordinance be ADOPTED carried by the following
vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2022-027
(No Committee Assignment)
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6. AB2022-188. Resolution affirming the County Council and County Executive Expectations for
Boards and Commissions
Buchanan stated there was a substitute.
Frazey moved and Galloway seconded that the SUBSTITUTE Resolution be
APPROVED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: RES 2022-015
7. AB2022-183 Appoint councilmember representative to serve on the Climate Impact Advisory
Committee
Frazey moved to appoint Galloway to represent the Council on the Climate
Impact Advisory Committee. The motion was seconded by Byrd.
Elenbaas moved to appoint himself to the Climate Impact Advisory
Committee.
Councilmembers discussed the motions.
Jill Nixon, Council Office, answered whether both Councilmembers could
serve on the advisory committee.
Galloway stated it would be an issue of quorum.
Galloway and Elenbaas spoke about why the Councilmembers should vote
for them.
Galloway was appointed 5-2 as follows:
Kershner - Elenbaas
Buchanan - Galloway
Byrd - Galloway
Donovan - Galloway
Elenbaas - Elenbaas
Frazey - Galloway
Galloway - Galloway
Galloway was APPOINTED.
8. AB2022; 191 Request authorization for Karen N. Frakes, Whatcom County Chief Civil Deputy
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Prosecuting Attorney, to sign the One Washington Memorandum of Understanding
Between Washington Municipalities.
Karen Frakes, Prosecuting Attorney's Office, briefed the Councilmembers
and answered whether she needs action from the Council if it is for the
Executive to sign, whether this is different from the litigation that the State
of Washington decided to not settle, and whether they should strike her
name on the Ordinance and add the County Executive.
Donovan moved and Buchanan seconded that they authorize the County
Executive to sign the agreement.
Frakes answered whether they need to make a motion to amend the
Ordinance to replace her information with the Executive's.
The motion was seconded by Buchanan.
Donovan's motion that they authorize the County Executive to sign the
agreement carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. AB2022-146 Appointment to a vacancy on the Forestry Advisory Committee, Small Forest
Landowner position, Applicant: Tracy Petroske
Byrd moved and Frazey seconded that the Council Appointment Requiring
Introduction be APPOINTED by acclamation. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
2. A 2022-1 '79 Appointment to a vacancy on the Climate Impact Advisory Committee, applicants
Ted Clifton and Charles Bailey
Donovan moved and Galloway seconded to nominate both applicants.
Applicant Charles Bailey spoke.
Councilmembers discussed the motion and Charles Bailey was appointed as
follows:
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Donovan - Bailey
Elenbaas - Bailey
Frazey - Bailey
Galloway - Bailey
Kershner - Clifton
Buchanan - Bailey
Byrd - Clifton
This agenda item was APPOINTED.
EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND
COMMITTEES
1. AB2022-17,5 Request confirmation of the County Executive's appointment of Sean Hopps to the
Whatcom County Food System Committee
Byrd moved and Frazey seconded that the Executive Appointment be
CONFIRMED.
Councilmembers discussed the motion.
Kershner stated she would like to get a report from the Whatcom County
Food System Committee.
Tyler Schroeder, Executive's Office, stated he could look into requesting
someone from the committee to give them a report.
Byrd's motion that the Executive Appointment be CONFIRMED carried by
the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
2. AB2022- 4 76 Request confirmation of the County Executive's appointment of Katie Plewa Olvera
to the Bellingham-Whatcom County Commission on Sexual and Domestic Violence
Byrd moved and Frazey seconded that the Executive Appointment be
CONFIRMED.
Councilmembers discussed why the Council confirms Executive
appointments.
Jill Nixon, Council Office Staff, stated it is a Charter requirement.
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Councilmembers voted on the item (see vote below) then continued to
discuss this item.
Dana Brown -Davis, Clerk of the Council, answered a question about the
previous agenda item's (AB2022-175) discussion and whether there has
been any format in the past to allow for more of our boards, commissions,
and committees to come and give updates on their work.
Byrd's motion that the Executive Appointment be CONFIRMED carried by
the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
ITEMS ADDED BY REVISION
There were no agenda items added by revision.
INTRODUCTION ITEMS
Buchanan stated there were substitute documents attached to Introduction
item number seven (AB2022-177).
Donovan moved to introduce items one through seven. The motion was
seconded by Frazey (see votes on individual items below).
1. /' B2022-190 Ordinance amending Whatcom County Code 2.21, Board of Equalization
Donovan moved and Frazey seconded that the Ordinance be INTRODUCED.
The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2022-034
2. A 102;Irwl 62_ Ordinance establishing movement restrictions on E. Hemmi Road at the intersection
with Hannegan Road
Donovan moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried
by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
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Absent: 0
Enactment No: ORD 2022-029
3. 632022-163 Ordinance Removing a School Speed Zone on Hannegan Road
Donovan moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried
by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2022-030
4. A132022 mml 64, Ordinance establishing parking control on Eddie Lane within the Plat of Whisper Lake
Donovan moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried
by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2022-031
5. AB2022-165 Ordinance Establishing a Speed Limit within the Plat of Whisper Lake
Donovan moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried
by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2022-032
6. AB2022-166 Ordinance for installation of a stop sign within the plat of Whisper Lake
Donovan moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried
by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
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Nay: 0
Absent: 0
Enactment No: ORD 2022-033
7. A132022-177 Ordinance amending Whatcom County Code Section 1.14, Electoral Precincts,
adjusting boundary lines based on decennial census information in the Legislative,
Congressional and County Council districts
Donovan moved and Frazey seconded that the SUBSTITUTE Ordinance
Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING.
The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Enactment No: ORD 2022-028
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
ADJOURN
Councilmembers gave committee reports.
Elenbaas stated he would like to be briefed at the next availability by the
Health Department regarding a recent Facebook post and email to Council
regarding COVID-19 vaccines.
The meeting adjourned at 10:34 p.m.
The County Council approved these minutes on April 12, 2022.
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ATTEST:'�
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WHATCOM LINTY COUNCIL
WHATCO COUNTY, WA
Dana Brovyti'Day- 5y Council Clerk Tod Donovan, Council Chair
Kristi Felbinger, Minutes Tran c4tion
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