HomeMy WebLinkAboutCouncil Jul 26 2022Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Minutes - Final
Tuesday, July 26, 2022
6PM
Hybrid Meeting
HYBRID MEETING (PARTICIPATE IN -PERSON, SEE REMOTE JOIN
INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil, OR CALL
360.778.5010), AGENDA REVISED 7.25.2022
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 July 26, 2022
COUNTY COUNCIL
CALL TO ORDER
Council Chair Todd Donovan called the meeting to order at 6:01 p.m. in a
hybrid meeting.
ROLL CALL
Present: 6 - Barry Buchanan, Todd Donovan, Ben Elenbaas, Carol Frazey, Kaylee
Galloway, and Kathy Kershner
Absent: 1 - Tyler Byrd
FLAG SALUTE
ANNOUNCEMENTS
COUNTY EXECUTIVE'S REPORT
Satpal Sidhu, County Executive, spoke about the following:
• A memo he sent on July 22 regarding the Emergency Medical
Services (EMS) levy and how it highlights how the money will be
spent. He stated there will be opportunities to implement
system -wide efficiencies over the next six years and urged the
Council to reinforce their roll, through the County Administration,
as the EMS fund manager.
• A meeting last week with Canadian officials regarding the Nooksack
flooding situation.
1. AB2022-385 Renuest confirmation of the County Executive's appointment of Bennett Knox as
Director of Parks & Recreation effective 9/6/22 pursuant to Whatcom County Code
Section 2.29.020
Executive Sidhu introduced Bennett Knox, Director of Parks and
Recreation Appointee, and Knox addressed the Councilmembers.
Frazey moved and Galloway seconded that the Executive Appointment be
CONFIRMED. The motion carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 1 - Byrd
MINUTES CONSENT
Kershner moved to accept the minutes consent items. The motion was
seconded by Buchanan (see votes on individual items below).
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1. M IN2021--044 Committee of the Whole Executive Session for July 12, 2022
Kershner moved and Buchanan seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 1 - Byrd
2. MIN2022_045 Committee of the Whole for July 12, 2022
Kershner moved and Buchanan seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 1 - Byrd
3. MIN2022-046 Regular County Council for July 12, 2022
Kershner moved and Buchanan seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 1 - Byrd
OPEN SESSION
The following people spoke:
• Todd Lagestee
• Mike Kaufman
• Rick Eggerth
• Ellyn Murphy
• Leea Heeringa
• Jim Hansen
• Rachel Barner
• Dwayne Molendyk
• Elisa Claassen
• Name not stated
• Tony Chunkapura
• John Marshall
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• John Miller
• Richard Tran
• Name not stated
• Deb Luby
• Shari Lapoff
• Johnathan Cook
• Judy
• Glen Elenbaas
• Ron Groen
• Klaus Klix
• Todd Rawls
• Nancy Bergman
• Matt Bonham
• Misty Flowers
• Tammie Lagerwey
• Robert Bystrom
• Melissa Wisener
• Sherman Polinder
• Markis Dee
• Barbara Powers
• Hannah Ordos
• Natalie Chavez
• Name not stated
• Lyle Sorenson
• Alexander Harris
• Danielle Shaw
• Robert Zander
• Alexandra Williams
• Erinrose Becker
• Michele Cameron
• Wendy Harris
• Ashleigh Barnhart
• Cliff
• Laurie
• Sara Rose
• Fran
Hearing no one else, Donovan closed the Open Session.
Clerk's note: Councilmembers took a brief recess.
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CONSENT AGENDA
(From Council Finance and Administrative Services Committee)
Kershner reported for the Finance and Administrative Services Committee
and moved to approve Consent Agenda items one through eight.
Elenbaas pointed out that item number eight is funding for the High Creek
Sediment Removal Project and will remove accumulated sediment, so
removing sediment from waterways is not unheard of. There is no county
law, policy or Ordinance that would prevent us from removing sediment
from any of our waterways.
Councilmembers voted on those items (see votes on individual items
below).
1. A1320. 2-400 Request authorization for the County Executive to enter into an interagency agreement
between Whatcom County and Washington Administrative Office of the Courts for
grant reimbursement of BECCA Programs and Services, in the amount of $253,918
Kershner reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 1 - Byrd
2. A.B2022-4N0.1 Request authorization for the County Executive to enter into an agreement between
Whatcom County and WA Department of Ecology to sponsor a Washington
Conservation Corps crew for the October 2022 to September 2023 term, in the
amount of $163,360.00 (Council acting as the Whatcom County Flood Control Zone
District Board of Supervisors)
Kershner reported for the Finance and Administrative Services Committee
and moved that the Contract (FCZDBS) be AUTHORIZED BY CONSENT.
The motion carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 1 - Byrd
3. AB2022-40.3 Request authorization for the County Executive to enter into a Subrecipient Grant
contract between Whatcom County and City of Bellingham What -Comm
Communications Center for reimbursement of eligible E911 operational expenses in
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the amount of $48,476
Kershner reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 1 - Byrd
4. AB2022-404 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington Association of Sheriffs and Police Chiefs
for the Registered Sex Offender Address Verification Program, in the amount of
$138,319.00
Kershner reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 1 - Byrd
5. A 13202-405. Request authorization for the County Executive to enter into a contract between
Whatcom County and Tetra Tech, Inc, to provide a Birch Point Subwatershed
Drainage Study, in the amount of $74,793 (Council acting as the Whatcom County
Flood Control Zone District Board of Supervisors)
Kershner reported for the Finance and Administrative Services Committee
and moved that the Contract (FCZDBS) be AUTHORIZED BY CONSENT.
The motion carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 1 - Byrd
6. AB2022-4406 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Military Department for FY2018
Operation Stonegarden (OPSG), in the amount of $31,826.55
Kershner reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
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Nay: 0
Absent: 1 - Byrd
7. AB. 2022won 7 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and City of Bellingham for FY2022 Edward Byrne
Memorial Justice Assistance Grant Program, in the amount of $14,003.00
Kershner reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 1 - Byrd
8._022-4 1Request authorization for the County Executive to award bid #22-23 and enter into a
contract between Whatcom County and Williamson Construction,LLC, for the High
Creek Sediment Removal Project in the amount of $61,902
Kershner reported for the Finance and Administrative Services Committee
and moved that the Bid Award be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 1 - Byrd
OTHER ITEMS
(From Council Climate Action and Natural Resources Committee)
1. AB2022-36:3 Resolution supporting a transition to zero -emissions transportation
Galloway reported for the Climate Action and Natural Resources
Committee and moved that the SUBSTITUTE Resolution be APPROVED.
Councilmembers discussed the motion and the amendment made in
committee and Galloway clarified that the motion was for the Resolution as
amended in committee.
Galloway's motion that the SUBSTITUTE Resolution be APPROVED carried
by the following vote:
Aye: 4 - Buchanan, Donovan, Frazey, and Galloway
Nay: 2 Elenbaas, and Kershner
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Absent: 1 - Byrd
Enactment No: RES 2022-033
(From Council Finance and Administrative Services Committee)
2. AB2022-366 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Northwest Youth Services to support the youth and
young adult vocational program in the amount of $25,900 for a total amended
contract amount of $51,800
Kershner reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED. The motion carried by the
following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 1 - Byrd
3. AB2022-38 7 Ordinance amending the 2022 Whatcom County Budget, request no. 10, in the
amount of $4,085,565
Kershner reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED. The motion carried by the
following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 1 - Byrd
Enactment No: ORD 2022-054
4. AB2022-.388, Resolution amending the 2022 Flood Control Zone District & Subzones 2022
budget, request no. 4 (Council acting as the Whatcom County Flood Control Zone
District Board of Supervisors)
Kershner reported for the Finance and Administrative Services Committee
and moved that the Resolution (FCZDBS) be APPROVED.
Elenbaas noted for the record that these funds are going to the Truck Road
Emergency Bank Stabilization, Floodplain Acquisition, Timon Levee
Rehabilitation, Upper Hampton Levee Repair, Everson Overflow Pipeline
Bank Stabilization, and Jones Creek Debris Flow Protection as listed in the
Resolution.
Kershner's motion that the Resolution (FCZDBS) be APPROVED carried by
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the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 1 - Byrd
Enactment No: RES 2022-034
(From Council Committee of the Whole)
5. A2022-382, Ordinance providing for submission to the qualified voters of Whatcom County a
proposition renewing the levy of a regular property tax at a rate of $.295 or less per
$1000 assessed valuation to continue to provide emergency medical services
Donovan reported for the Committee of the Whole and moved that the
SUBSTITUTE Ordinance be ADOPTED.
Councilmembers discussed the motion.
Donovan's motion that the SUBSTITUTE Ordinance be ADOPTED carried
by the following vote:
Aye: 5 - Buchanan, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
Absent: 1 - Byrd
Enactment No: ORD 2022-055
6. A B2022..422 Resolution establishing priorities for Whatcom County's 2025 Comprehensive Plan
update
Donovan reported for the Committee of the Whole and moved that the
Resolution be withdrawn from the agenda. The motion was seconded by
Elenbaas.
Galloway stated she would like to honor a collaborative process which
involves continuing to collect feedback from her colleagues and others in
the community and stated her goal is to receive that feedback, maybe get a
work session in before the August 9 meeting, and encourage action on the
Resolution at the August 9th Council meeting.
Donovan's motion that the Resolution be WITHDRAWN FROM THE
AGENDA carried by the following vote:
Aye: 5 - Buchanan, Donovan, Elenbaas, Galloway, and Kershner
Nay: 1 - Frazey
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Absent: 1 - Byrd
Enactment No: RES 2022-036
COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. AB2022-3'7t, Appointment to a vacancy on the Forestry Advisory Committee, Commercial Forest
Landowner position - Applicant(s): Susan David
Galloway moved and Buchanan seconded that the Council Appointment
Requiring Introduction be APPOINTED. The motion carried by the following
vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 1 - Byrd
CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARD,
COMMISSIONS, AND COMMITTEES
1. AB2022-402 Request confirmation of Executive Sidhu's appointment of Matthew Santos to the
Whatcom County Library System Board of Trustees
Frazey moved and Kershner seconded that the Executive Appointment be
CONFIRMED. The motion carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 1 - Byrd
2. AB2022-411. Request confirmation of Executive Sidhu's reappointment of Brent Walker and
Dunham Gooding to the Bellingham-Whatcom Public Facilities District board
Buchanan moved and Kershner seconded that the Executive Appointment be
CONFIRMED. The motion carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 1 - Byrd
SPECIAL COUNCIL APPOINTMENTS
1. AB2022. 83 Appointment of members to serve on pro and con statement writing committees for a
proposed ballot measure regarding the renewal of a regular levy for the funding of the
countywide Emergency Medical Services system.
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Kershner moved to appoint all three applicants to their respective roles.
The motion was seconded by Elenbaas.
The following people answered questions:
• Dana Brown -Davis, Clerk of the Council
• Karen Frakes, Prosecuting Attorney's Office
They answered whether, if there are two people, they would work together
on a joint statement and decide how to do that, whether there are concerns
with appointing a late submission, and whether a Councilmember could
volunteer to be on the pro -statement committee.
Kershner's motion that all three be APPOINTED to their respective roles
carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 1 - Byrd
2. AB20.22-384 Appointment of members to serve on pro and con statement writing committees for a
proposed ballot measure proposing a levy above the regular property tax limitations
for the purpose of funding childcare, early learning programs, and increased support
for vulnerable children.
Buchanan moved and Frazey seconded that the Special Council Only Item be
APPOINTED. The motion carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 1 - Byrd
ITEMS ADDED BY REVISION
Revision summary:
AB2022-379 was withdrawn from Council Introduction.
AB2022-427 was added to Council Introduction.
AB2022-422 (in other items) had substitute paperwork.
INTRODUCTION ITEMS
Donovan stated item two (AB2022-379) was removed from the agenda and
a new item four was added (AB2022-427), so there are three items for
Introduction (AB2022-408, A132022-417, and AB2022-427).
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Galloway stated they were planning on introducing parallel ordinances (a
regular Ordinance on the agenda [AB2022-417] and an interim Ordinance
[AB2022-425] to be added to the agenda) for the Ordinance amending
Whatcom County Code Section 11.20.025, flotation devices on the South
fork of the Nooksack River, to better protect ESA -listed Chinook salmon.
Galloway moved to introduce the following agenda items:
• AB2022-408
• AB2022-417
• AB2022-419
• AB2022-427
Dana Brown -Davis, Clerk of the Council, stated the temporary Ordinance is
actually AB2022-425 instead of AB2022-419.
Galloway withdrew her motion and moved to introduce the following
agenda items:
• AB2022-408
• AB2022-417
• AB2022-425
• AB2022-427
The motion was seconded by Donovan.
Councilmembers discussed the motion then voted on those items (see
motion and votes on individual items below).
1. A132022 -408. Ordinance amending the 2022 Whatcom County Budget, request no. 11, in the
amount of $250,000
Galloway moved and Donovan seconded that the Ordinance be
INTRODUCED. The motion carried by the following vote:
Aye: 5 - Buchanan, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
Absent: 1 - Byrd
Enactment No: ORD 2022-057
2. AB2022-379 Ordinance amending Whatcom County Title 3, requiring that public funds used for
construction projects also provide apprentices with job training hours to meet the
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requirements necessary to become the next generation of skilled trades persons
This agenda item was WITHDRAWN.
3. A132022-417 Ordinance amending Whatcom County Code Section 11.20.025, flotation devices on
the South fork of the Nooksack River, to better protect ESA -listed Chinook salmon
Galloway moved and Donovan seconded that the Ordinance Requiring a
Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion
carried by the following vote:
Aye: 5 - Buchanan, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
Absent: 1 - Byrd
4. A B2022.-42 7 Ordinance amending Ordinance 2020-079 to change the due date of the Phase III
Report of the Child and Family Well -Being Task Force
Galloway moved and Donovan seconded that the Ordinance be
INTRODUCED. The motion carried by the following vote:
Aye: 5 - Buchanan, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
Absent: 1 - Byrd
Enactment No: ORD 2022-058
5. AB2022-425 Ordinance temporarily amending Whatcom County Code Section 11.20.025,
flotation devices on the South fork of the Nooksack River, to better protect
ESA -listed Chinook salmon
Galloway moved and Donovan seconded that the Ordinance Requiring a
Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion
carried by the following vote:
Aye: 5 - Buchanan, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
Absent: 1 - Byrd
This item was added to Introduction after discussion in the Climate Action and Natural Resources Committee. See
discussion on AB2022-419 in that committee.
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Councilmembers gave committee reports.
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ADJOURN
Satpal Sidhu, County Executive, spoke about the complexity of dredging the
river.
Karen Frakes, Prosecuting Attorney's Office, spoke about whether
Galloway could be on the pro -con committee as discussed under
AB2022-383 above.
Councilmembers gave other updates.
Dana Brown -Davis, Clerk of the Council, answered a question about
changing the order of the Council agenda.
The meeting adjourned at 9:50 a.m.
The County Council approved these minutes on August 9, 2022.
ATTEST:,`�4
Dana Brown vis,- ottticiI`Clerk
Kristi Felbinger, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOl COUNTY, WA
r`
Todd Donovan, Council Chair
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