HomeMy WebLinkAboutCouncil Feb 7 2023Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Minutes - Final
Tuesday, February 7, 2023
6PM
Hybrid Meeting
HYBRID MEETING - ADJOURNS BY -- (PARTICIPATE IN -PERSON AT 311
GRAND AVENUE SUITE 101, 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 February 7, 2023
COUNTY COUNCIL
CALL TO ORDER
Council 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
There was no report.
MINUTES CONSENT
Donovan moved to accept the minutes consent items. The motion was
seconded by Galloway (see votes on individual items below).
1. MIN.2023.0,08 Committee of the Whole for January 10, 2023
Donovan moved and Galloway 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. MIN2023-009_ Regular County Council for January 10, 2023
Donovan moved and Galloway 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
3. MIN2023-010 Water Work Session for January 17, 2023
Donovan moved and Galloway seconded that the Minutes Consent be
APPROVED 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
4. IN2023_�011 Committee of the Whole Executive Session for January 24, 2023
Donovan moved and Galloway 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
5. 1!/ IN 2023 -0.12 Committee of the Whole for January 24, 2023
Donovan moved and Galloway 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
6. MIN2023-013 Regular County Council for January 24, 2023
Donovan moved and Galloway 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
OPEN SESSION
The following people spoke:
• Cynthia Sue Ripke-Kutsagoitz
• Lindy McDonough
• Barbara Powers
• Pam (last name not stated)
• Doug "Yoshe" Revelle
• Lyle Sorenson
• Dan Pham
• Natalie Chavez
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• Misty Flowers
• Hannah Ordos
Hearing no one else, Buchanan closed the Open Session.
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 seven.
Galloway moved to pull out Consent Agenda items two (AB2023-085) and
four (AB2023-094) for separate consideration. 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
Councilmembers voted on items one, three, five, six, and seven (see votes
on individual items below) then considered items two and four separately
(see below after the Consent Agenda).
1. A132023-06 7 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Washington State University to continue the jointly
shared costs for faculty positions and program support for WSU Extension in the
amount of $255,071 for a total amended contract amount of $2,986,499.90
Kershner reported for the Finance and Administrative Services Committee
and moved that the Memorandum of Agreement 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. AB2023--085_ Request authorization for the County Executive to enter into a two year interlocal
agreement between Whatcom County and the City of Bellingham for work crew
services, in the amount of $55,250.00 per year
This item was considered separately. See below after the Consent Agenda.
3. AB2023-091 Request authorization for the County Executive to enter into a contract between
Whatcom County and Lifeline Connections to provide substance use disorder
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assessments and post -assessment treatment coordination for people releasing from
the Whatcom County Jail or who are referred through criminal/legal referral channels,
in the amount of $138,642
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: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
4. AB2023-094 Request authorization for the County Executive to enter into an interlocal agreement
amendment between Whatcom County and Washington State Military Department
for FY2019 Operation Stonegarden (OPSG), in the amount of $54,069.48
This item was considered separately. See below after the Consent Agenda.
5. AB2023-099 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Ferndale for County coordinated opioid
misuse prevention and abatement strategies within the Ferndale community, in the
amount of $15,434.66
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: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
6. A B202 3 101_ Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Road2Home to operate overnight severe weather
shelters in the amount of $40,561. for a total amended contract amount of $79,729
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: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
7. / B2022s-11 1 Request authorization for the County Executive to enter into a contract between
Whatcom County and Sean Humphrey House to provide a forgivable grant and
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recoverable loan for the acquisition of an affordable assisted housing unit in the
amount of $200,000
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: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
CONSENT AGENDA ITEMS CONSIDERED SEPARATELY
2. AB2023-0€ 5 Request authorization for the County Executive to enter into a two year interlocal
agreement between Whatcom County and the City of Bellingham for work crew
services, in the amount of $55,250.00 per year
Byrd moved and Donovan seconded that the Interlocal be AUTHORIZED.
Councilmembers discussed the motion.
Wendy Tones, Sheriffs Office, shared more about the work crew program.
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
4. A2023M0 Request authorization for the County Executive to enter into an interlocal agreement
amendment between Whatcom County and Washington State Military Department
for FY2019 Operation Stonegarden (OPSG), in the amount of $54,069.48
Kershner reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED. The motion was seconded
by Byrd.
Councilmembers discussed the concerns brought up by a citizen.
Doug Chadwick, Undersheriff, spoke about the program.
Kershner's motion that the Interlocal be AUTHORIZED carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
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Nay: 0
Absent: 0
OTHER ITEMS
(From Council Finance and Administrative Services Committee)
1. AB2023-07 7 Ordinance amending the Whatcom County Budget, request no. 2, in the amount of
$6,395,173
Kershner 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 2023-001
2. AB_2023 --0 78 Ordinance amending the project based budget for the Plantation Rifle Range Lead
Reclamation and Capital Improvement by adding $700,000 for a total amount of
$1,355,000
Kershner 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 2023-002
3. Ai2022-731 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Hunt Forensics for increased costs of services in the
amount of $893,449.13 for the total amount of $3,356,602
Kershner reported for the Finance and Administrative Services Committee
and stated this was discussed in the Committee and forwarded to the
Council with no recommendation.
Buchanan stated there was a revised version that was emailed by Deputy
Executive Schroeder this afternoon.
Donovan moved and Galloway seconded that the SUBSTITUTE Contract be
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AUTHORIZED.
Tyler Schroeder, Director of Administrative Services, answered whether the
total consideration for the substitute version should still be $3,356,602 and
stated it is an error and would be modified prior to it being presented for
signature if this substitute is approved tonight.
Councilmembers and Schroeder discussed a concern about a request for an
increase less than a year after the provider signed a contract for a negotiated
amount, whether we have asked our Medical Examiner to do additional work
and that is what is causing the request for an increase, getting evidence that
the Medical Examiner has used personal funds to complete her job, where
the substitute contract would need to be changed to fix the aforementioned
error (first page of the contract amendment number four in the second
paragraph), whether the contract amendment would set a precedence, and
recognizing the increased work load of the Medical Examiner.
Donovan's motion that the SUBSTITUTE Contract be AUTHORIZED
carried by the following vote:
Aye: 4 - Buchanan, Donovan, Frazey, and Galloway
Nay: 3 - Byrd, Elenbaas, and Kershner
Absent: 0
(From Council Criminal Justice and Public Safety Committee)
4. AB2023-069 Ordinance amending Whatcom County Code 2.09 to conform with newly adopted
and amended Court rules
Buchanan reported for the Criminal Justice and Public Safety Committee
and moved that the Ordinance be ADOPTED.
Councilmembers briefly discussed what their vote was for on the last item
(AB2023-731).
Karen Frakes, Prosecuting Attorney's Office, gave a summary of the
amendments to the Code.
Buchanan'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
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Enactment No: ORD 2023-003
COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
AB2023-109 Appointment to fill a vacancy on the Birch Bay Watershed and Aquatic Resources
Management Advisory Committee, Applicant(s): Jane Olson Mauk
Byrd moved and Donovan seconded that the Council Appointment be
APPOINTED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
2, AB2023-1_10 Appointment to fill vacancy on the Laurel Watershed Improvement District Board
Dana Brown -Davis, Clerk of the Council, stated one application was
received (Sterk) but the information did not make it into the packet because
it was late.
Donovan moved and Frazey seconded that Kevin Sterk be Appointed.
Councilmembers discussed whether other applications had come in.
Brown -Davis answered whether there are multiple vacancies.
Donovan withdrew his motion to appoint.
Kershner moved and Buchanan seconded to delay making the appointment
for two weeks.
Councilmembers discussed whether they will accept more applicants and
whether they could extend an invitation to the applicants to speak at the next
meeting.
Kershner's motion that the Council Appointment be HELD IN COUNCIL
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
3. AB2023,-1 12 Appointment to fill vacancies on the Wildlife Advisory Committee, Applicant(s): Barry
Wenger
Donovan moved and Kershner seconded that the Council Appointment be
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APPOINTED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
4. AB2023-11Appointment to fill a vacancy on the Planning Commission, Council District 2 or 4,
Applicant(s): Daniel Dahlquist
Kershner moved and Donovan seconded that the Council Appointment be
APPOINTED.
Elenbaas stated he was impressed by the applicant and finds it helpful to
have people who have boots on the ground in those positions.
Donovan stated having only one applicant is a change from years past.
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
CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS,
COMMISSIONS, AND COMMITTEES
1. AB2023103 Request confirmation of the County Executive's appointment of Trevor Gearhart to
the Whatcom County Food System Committee
Donovan moved and Frazey seconded that the 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
2. AB2023m 104 Request confirmation of the County Executive's appointment of Shannon Boustead to
the Whatcom County Behavioral Health Advisory Committee
Frazey moved and Donovan seconded that the Executive Appointment be
CONFIRMED. 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
3. AB20211 41 1 4. Request confirmation of Executive Sidhu's appointment of Patrick Alesse to the
Whatcom County Bicycle Pedestrian Advisory Committee
Frazey moved and Kershner seconded that the Executive Appointment be
CONFIRMED.
Councilmembers spoke about the applicant.
Frazey'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
Donovan moved to introduce items one through five. The motion was
seconded by Kershner.
Kershner requested that item number four (AB2023-095) regarding
installation of stop signs on certain county roads be scheduled in the Public
Works Committee for discussion.
Councilmembers voted on the Introduction items (see votes on individual
items below).
1. AB2023-090 Ordinance repealing Whatcom County Code 1.28, Standards for Correctional
Facilities, in its entirety
Donovan moved and Kershner 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
2. AB2023-098 Ordinance amending the project budget for the Shallow Shore Project Based Budget
Fund, request no. 2
Donovan moved and Kershner seconded that the Ordinance be
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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 2023-006
3, AB20 3--108 Ordinance amending the Whatcom County Budget, request no. 3, in the amount of
$4,791,300
Donovan moved and Kershner 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 2023-007
4. AB2023-095 Ordinance Regarding Installation of stop signs on certain county roads
Donovan moved and Kershner 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 2023-004
5. A12023--07 Ordinance establishing a speed limit for the plat of Harbor View Heights
Donovan moved and Kershner 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 2023-005
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Councilmembers gave Committee reports and gave other updates.
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Council Minutes - Final February 7, 2023
ADJOURN
The meeting adjourned at 7:24 p.m.
The County Council approved these minutes on February 21, 2023.
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
Council Chair
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