HomeMy WebLinkAboutCouncil Jun 20 2023Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Minutes - Final
Tuesday, June 20, 2023
6PM
Hybrid Meeting
HYBRID MEETING (PARTICIPATE IN -PERSON, 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 June 20, 2023
COUNTY COUNCIL
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 6 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
FLAG SALUTE
ANNOUNCEMENTS
COUNTY EXECUTIVE'S REPORT
There was no report.
MINUTES CONSENT
Galloway moved to accept the minutes consent items. The motion was
seconded by Byrd (see votes on individual items below).
1.-- MII_N 023-041. Committee of the Whole for June 6, 2023
Galloway moved and Byrd seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 6 - Buchanan, Byrd, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Temp Absent: 1 - Donovan
2. @/ IN2023-042 Regular County Council for June 6, 2023
Galloway moved and Byrd seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 6 - Buchanan, Byrd, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Temp Absent: 1 - Donovan
SPECIAL PRESENTATION
1. AB202:3,-359 Whatcom County Executive Sidhu's "State of the County" address
Satpal Sidhu, County Executive, read his address (on file).
This agenda item was REPORTED.
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PUBLIC HEARINGS
1. A 202 3.-349 Resolution granting a Quitclaim Right of Way Deed to the City of Lynden
Andrew Hester, Public Works Department, stated he is available for
questions.
Buchanan opened the Public Hearing and hearing no one, closed the Public
Hearing.
Kershner moved and Elenbaas seconded that the Resolution Requiring a
Public Hearing be APPROVED.
Elenbaas stated they had a robust discussion on this item in committee.
Kershner's motion that the Resolution Requiring a Public Hearing be
APPROVED carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Enactment No: RES 2023-015
2. A132023�1154 Ordinance adopting amendments to the Six -Year Capital Improvement Program for
Whatcom County Facilities 2023-2028
Matt Aamot, Planning and Development Services Department, briefed the
Councilmembers.
Buchanan opened the Public Hearing and hearing no one, closed the Public
Hearing.
Byrd moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be ADOPTED.
Elenbaas spoke about trails and parks listed and stated he feels we could be
better served if we invested these monies toward other things because we
do a great job of providing activities, parks, and trails already.
Byrd's motion that the Ordinance Requiring a Public Hearing be ADOPTED
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
Enactment No: ORD 2023-035
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3. ,� B2023-356, Ordinance adopting Zoning Code amendments relating to density, lot size, setbacks,
public water and sewer, and reasonable measures for the Birch Bay UGA
Matt Aamot, Planning and Development Services Department, briefed the
Councilmembers.
Buchanan opened the Public Hearing and the following people spoke:
• Laurie Poms Nelson
• Carol Donovan
Hearing no one else, Buchanan closed the Public Hearing.
Byrd moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be ADOPTED.
Councilmembers discussed the public comments, the need for
infrastructure as densities increase, and the fact that that will fall on the
Council to think about as they are budgeting and making land use policy in
the future.
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
Enactment No: ORD 2023-036
4. AB2023-258 Ordinance amending Whatcom County Code 10.34, Ferry Rates
Buchanan gave a history on this item and stated it was a hearing that was
carried over from April 25th. Normally they do not allow speakers to speak
more than once in a public hearing but he suggested they allow it and asked
whether there were any objections from Council.
Kershner stated she objected to allowing people to speak twice on a public
hearing and Councilmembers discussed whether they should allow people
who have already spoken to speak again tonight.
Buchanan moved to allow speakers who had spoken on this public hearing
on April 25th to speak again. The motion was seconded by Frazey.
Councilmembers discussed the motion.
The motion carried by the following vote:
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Aye: 6 - Frazey, Galloway, Buchanan, Byrd, Donovan, and Elenbaas
Nay: 1 - Kershner
Elizabeth Kosa, Public Works Department Director, stated they do not have
a staff report but they are available for discussion.
Buchanan opened the Public Hearing and the following people spoke:
• Bob Anderson
• Diane Harper
• Pam Gould
• Ralph Steele
• Marissa Orada
• Steven Thomas
• Catherine Shornick
• Dan Ohms
• David Cummins
• Todd Lagestee
• David Kershner
• Janice Holmes
• Peter (last name not given)
Hearing no one else, Buchanan closed the Public Hearing.
Galloway stated she is conflicted because she feels good about this
Ordinance but she also wants to honor the concerns and feedback they are
hearing from the community.
Elizabeth Kosa, Public Works Department Director, answered whether
Public Works would have any issues if Council were to keep this open for
another month. She stated it affects how much time they have to work on
doing a fare increase, which they have to do.
Kershner stated she is interested in knowing what the Council -appointed
Lummi Island Ferry Advisory Committee (LIFAC) recommends. It sounds
like there is no LIFAC recommendation at this time, but she asked that the
advisory committee vote at their next meeting on whether or not they
recommend the Ordinance. She does not know at this point if using
American Rescue Plan Act (ARPA) funds is a reality depending on whether
the related Resolution (AB2023-403) gets approved. We may have erased
the deficit but we have not changed the declining trajectory so we are going
to have to raise the rates.
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Donovan moved to hold this for a month (to the July 25th meeting). The
motion was seconded by Galloway.
Councilmembers discussed when LIFAC meets again and what their
discussions have been, having some time to get a good definition and
background of what is considered capital and what is considered operational
expense, whether the public hearing should be closed or kept open if they
hold the Ordinance, hearing from rural residents that do not live on Lummi
Island but would have to pay the tax, looking at the current percentage of
what rural residents pay for the operation of the ferry, coming back to the
55/45 percent fare box recovery rate split and maybe making changes to
that if they pass the Resolution that puts more of the Road Fund into the fair
box recovery, and giving clarity in the next LIFAC meeting that ARPA
dollars are no longer on the table.
Councilmembers discussed whether the hearing should be left open.
Donovan stated he would say to leave it open but he would like it to come
back to the Council to discuss some of the issues and then it would
probably have to be re -introduced.
Buchanan officially closed the public hearing.
Councilmembers discussed that this item could go back to the Public
Works and Health Committee for further discussion.
Kosa stated the new Ordinance change just allows for the use of ARPA
funds for the ferry fees portion of the equation but it does not specify how
much. That is a totally different decision. She answered whether there was
going to be a recommendation from Public Works on what gap still exists
after all of this or whether they have moved past that because of the
Resolution clearing up the gap, and she stated it depends on the decision
made on the Resolution.
Kershner stated the decision to use ARPA money would be a Council
decision and they cannot actually use it until the Ordinance is updated. In
the meantime, the proposed Resolution has erased the deficit so she does
not plan on bringing up the use of ARPA dollars if there is no deficit.
Donovan moved and Galloway seconded that the Ordinance Requiring a
Public Hearing be discussed in Committee and HELD IN COUNCIL for a
month. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
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Nay: 0
Enactment No: ORD 2023-045
Held for a month and will be referred to the Public Works Committee
OPEN SESSION
The following people spoke:
• Davis Wright
• Christopher Deile
• Jeremiah Winchester
• Lela Boyd
• Harmony Hayes
• Keller Larsen
• Tad Shetler
• Dana Hansen
• Nick Sutterley
• Lyle Sorenson
• Kim Cochran
• Jeff Holmes
• Jim Sutterfield
• Cliff Langley
• Natalie Chavez
• Wendy Harris
• Joy Gilfilen
• Misty Flowers
• Name not given
Hearing no one else, Buchanan closed the Open Session.
EEL
(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 eleven.
Councilmembers voted on those items (see votes on individual items
below).
1. AE2023-381 Request authorization for the County Executive to enter into a contract between
Whatcom County and Jessica Dubek, DDS to provide Dental Services for inmates at
the Whatcom County Jail and Work Center in the amount of $36,000
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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
2. AB2023_-M5 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and The Language Exchange to provide language
translation and interpreter services in the amount of $29,600 for a total amended
contract amount of $83,600
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
3. AB20.23-318-8� Request authorization for the County Executive to enter into a Contract Amendment
for Supplemental Agreement No. 2 between Whatcom County and Geo Test
Services, Inc., in the amount of $50,000
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
4. AB2023-392 Request authorization for the County Executive to enter into a contract amendment for
Local Agency Agreement Supplemental No. I between Whatcom County and the
Washington State Department of Transportation, in the amount of $1,974,900, for a
total amended amount of $10,972,210.00
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
5. AB2023-408 Request authorization for County Executive to enter into a contract amendment
between Whatcom County and Department of Commerce for pass through funding
for direct public services to low and moderate income people in Whatcom, Island and
San Juan counties in the amount of $134,000 for a total amended amount of
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$265,000
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
6. AB2023-409 Request authorization for the County Executive to enter into a contract between
Whatcom County and Status Electrical Corporation, dba Status Automation to
provide design, installation, programming and maintenance of the Digital Video
Management System (DVMS) at various Whatcom County facilities, in the amount of
$58,975.04
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
7. AB2023p394 Request authorization for the County Executive to enter into a contract between
Whatcom County and the US Army Corps of Engineers (USACE) to repair the
Timon Levee along the right bank of the Nooksack River located between the towns
of Everson and Lynden, in the amount of $405,207, which is 20% of the total
estimated cost of $2,025,984 (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: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
8. AB2023µ395 Request authorization for the County Executive to enter into a contract between
Whatcom County and US Army Corps of Engineers (USACE) to repair the Upper
Hampton Levee along the right bank of the Nooksack River located between the
towns of Everson and Lynden, in the amount of $221,804, which is 20% of the total
amount of $1,109,020 (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:
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Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
9. AB-2023-3 6 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Department of Social and Health
Services to outline general terms and conditions that govern the work to be performed
under agreements between DSHS and Whatcom County
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
10. AB2023.380 Request authorization for the County Executive to enter into an interlocal agreement
amendment between Whatcom County and Snohomish County Health Department to
support participation in planning and engagement in youth cannabis and tobacco
prevention strategies and activities in the amount of $14,928 for a total amended
agreement amount of $97,928
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
11. A132023 389 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and the US Forest Service for Jail Work Crew Services
in the amount of $109,512.00, for a total of $353,520.00
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: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
OTHER ITEMS
(From Council Climate Action and Natural Resources Committee)
1. AB2023-390 Request authorization for the County Executive to enter into a Memorandum of
Agreement between the County, Nooksack Indian Tribe, Lummi Nation, and
Washington Department of Fish and Wildlife to guide remediation of County culverts
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that block salmon passage
Galloway reported for the Climate Action and Natural Resources
Committee and moved that the Memorandum of Agreement be
AUTHORIZED.
Elenbaas stated this is the first time he has seen this kind of collaboration
and it will solve more problems than it will not. He will vote in favor in the
spirit of collaboration.
Galloway's motion that the Memorandum of Agreement be AUTHORIZED
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
(From Council Finance and Administrative Services Committee)
2. AB2023-374 Ordinance amending the 2023 Whatcom County Budget, request no. 9, in the amount
of $842,550
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
Enactment No: ORD 2023-037
3. AB2023_-315. Ordinance amending the project budget for the Hovander Park Building
Improvements Project, request no. 1
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
Enactment No: ORD 2023-038
4. A 2023 -382 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Opportunity Council to support operations at the
permanent supportive housing facility known as 22 North in the amount of $304,550
for a total amended contract amount of $838,102
Kershner reported for the Finance and Administrative Services Committee
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and moved that the Contract be AUTHORIZED.
Elenbaas stated 22 North sounded like a good idea but in reality, it did not
seem to work very well. Without accountability we get outcomes like we
have seen at 22 North and it is time that we fix the situation in its entirety,
and this funding will not do that.
Kershner stated she had requested a report and will forward that to Council.
She has also asked the Opportunity Council's director, Greg Winters, or his
staff to come and give the Council an update on how things are going there
and how the Opportunity Council is managing the program. She will be
abstaining.
Elenbaas asked whether holding the funding till Kershner has the
information might be more appropriate than abstaining.
Kershner moved to hold the funding until we can have a report from the
Opportunity Council on what improvements they have made and how things
are going. The motion was seconded by Byrd.
Councilmembers discussed the motion and whether a delay would
negatively impact program operations.
Tyler Schroeder, Director of Administrative Services, answered whether the
funding is mostly for case management and stated it is. Amendment number
four to the contract extended the contract through June thirtieth, 2023 and
this is amendment number five, which would extend it until December
2023, so it is time -sensitive.
Councilmembers and Schroeder discussed why this was not presented to
Council earlier so they would have time to get clarity and why the
Opportunity Council was not present at the meeting, a request that the
Opportunity Council come to the Council before a request is on the agenda
in the future, holding this and other vendors accountable to present data to
the Council before a contract needs to be approved, and considering
improvements that have been made to the program.
The motion to hold failed by the following vote:
Aye: 3 - Elenbaas, Kershner, and Byrd
Nay: 4 - Donovan, Frazey, Galloway, and Buchanan
Kershner's motion that the Contract be AUTHORIZED carried by the
following vote:
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Aye: 4 - Buchanan, Donovan, Frazey, and Galloway
Nay: 3 - Byrd, Elenbaas, and Kershner
(From Council Public Works and Health Committee)
5. A13202 3,403 Resolution on the interpretation and retroactive application of ambiguous language in
WCC 10.34.030, Use of Ferry Fee Revenue
Kershner reported for the Public Works and Health Committee.
Donovan moved that the Resolution be APPROVED. The motion carried by
the following vote:
Aye: 4 - Buchanan, Donovan, Frazey, and Galloway
Nay: 3 - Byrd, Elenbaas, and Kershner
Enactment No: RES 2023-016
COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. AB2023-361 Appointment to vacancies on the Public Health Advisory Board, Applicant(s):
Matthew Durkee, Madison Emry, Robyn Phillips-Madson
Frazey moved to consider all the applicants. The motion was seconded by
Galloway.
Councilmembers discussed that there are two vacancies and asked whether
any of them would like to address the Council, but there were none.
Councilmembers voted for two applicants each as follows:
Buchanan: Madison Emry and Robyn Phillips-Madson
Byrd: Madison Emry and Robyn Phillips-Madson
Donovan: Madison Emry and Robyn Phillips-Madson
Elenbaas: Matthew Durkee and Madison Emry
Frazey: Madison Emry and Robyn Phillips-Madson
Galloway: Madison Emry and Robyn Phillips-Madson
Kershner: Madison Emry and Matthew Durkee
Madison Emry and Robyn Phillips-Madson were appointed with seven votes
and five votes respectively.
This agenda item was APPOINTED.
Appointed Madison Emry (7 votes) and Robyn Phillips-Madson (5 votes)
2. AB2023.-380 Appointment to a vacancy on the Open Space Advisory Committee, Applicant(s):
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Gary Cassera
Kershner moved and Galloway seconded that the Council Appointment be
APPOINTED.
Elenbaas asked whether the applicant would like to address the Council but
the applicant was not present.
Kershner's motion that the Council Appointment be APPOINTED carried by
the following vote:
Aye: 6 - Buchanan, Byrd, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Temp Absent: 1 - Donovan
CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS,
COMMISSIONS, AND COMMITTEES
1. AB2023-384 Request confirmation of the County Executive's appointment of Dylan Deane -Boyle
to the Lodging Tax Advisory Committee
Galloway moved and Byrd seconded that the Executive Appointment be
CONFIRMED.
Elenbaas asked whether the individual was present but they were not.
Galloway's motion that the Executive Appointment be CONFIRMED carried
by the following vote:
Aye: 6 - Buchanan, Byrd, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Temp Absent: 1 - Donovan
2. AB2023-400. Request confirmation of the County Executive's appointments to the Whatcom Racial
Equity Commission (WREC) Appointment Committee
Frazey moved and Galloway seconded that the Executive Appointment be
CONFIRMED.
Kayla Schott-Bresler, Strategic Initiatives Special Programs Manager,
answered why we are doing it differently with this committee than for any
other committee (see Staff memo).
Kershner spoke about the appointees and stated the commission is getting a
strong start.
Elenbaas asked whether any of the appointees or alternates were in
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attendance but none were.
Frazey's motion that the Executive Appointment be CONFIRMED carried by
the following vote:
Aye: 5 - Buchanan, Byrd, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
Temp Absent: 1 - Donovan
ITEMS ADDED BY REVISION
There were no agenda items added by revision.
INTRODUCTION ITEMS
Buchanan reported on the Introduction items and Councilmembers
considered each of them separately (item number 4 was reconsidered after
the start of Committee Reports. See the first vote below and the second
vote after the beginning of Committee Reports).
1. AB2023-39 J Ordinance amending Whatcom County Code Chapter 20.14, Wind Energy Systems,
and Chapter 20.97, Definitions
Elenbaas moved and Galloway seconded that the Ordinance Requiring a
Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Temp Absent: 1 - Donovan
2. AB2021-399 An ordinance adopting various amendments to WCC Title 20, Zoning, regarding
home -based businesses
Elenbaas and Galloway reported for the Planning and Development
Committee.
Elenbaas moved and Galloway seconded that this item come back to the
Planning and Development Committee on July 25th, that they would
introduce it on August 8th, and that they would take action on September
12th.
The motion carried by the following vote:
Aye: 6 - Galloway, Kershner, Buchanan, Byrd, Elenbaas, and Frazey
Nay: 0
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Out of the Meeting: I - Donovan
This agenda item was DISCUSSED AND MOTIONS) APPROVED.
3. AF120234_15 Ordinance providing for submission of a proposition to the qualified electors of
Whatcom County pursuant to RCW 82.14.450 authorizing the collection of a local
sales and use tax of two -tenths of one percent for the purpose of providing funds for
costs associated with public health, safety and justice facilities and services, including
behavioral health, supportive housing, public safety, and criminal justice facilities and
programs
Galloway reported for the Committee of the Whole and stated they
discussed trying to schedule an additional special work session, maybe for
the coming Monday. She moved to hold introduction on this item until that
special work session is scheduled, but a motion was not necessary, so
Galloway withdrew her motion. The item was not introduced.
This agenda item was WITHDRAWN.
4. AB2023-41 E 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 substitute Ordinance. The motion was
seconded by Buchanan. She reviewed the changes made since they
discussed it in Committee.
The motion first carried by the following vote (Kershner reconsidered her
vote right after the vote (see below):
Aye: 4 - Galloway, Kershner, Buchanan, and Frazey
Nay: 2 - Byrd and Elenbaas
Out of the Meeting: 1 - Donovan
After Kershner reconsidered her vote, the motion to introduce failed by the
following vote:
Aye: 3 - Galloway, Buchanan, and Frazey
Nay: 3 - Byrd, Elenbaas, and Kershner
Out of the Meeting: 1 - Donovan
Clerk's note: This vote was again reconsidered during Committee Reports
(see below).
Motion to introduce failed 3-3-1, with Byrd, Elenbaas, and Kershner opposed and Donovan out of the meeting, but it
was reconsidered below after the start of Committee Reports (see final action on this file below).
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COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
PART 1
Buchanan reported on Committee of the Whole Executive Session.
Galloway stated she just saw that Donovan got back onto the meeting and
asked whether she could move to reconsider the vote for AB2023-416.
Clerk's note: See motions and votes on AB2023-416 below and then the
continuation of Committee Reports after that.
INTRODUCTION ITEMS RECONSIDERED
4. AB2023 -416 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 Buchanan seconded that they reconsider their vote of
AB2023-416.
The motion to reconsider carried by the following vote:
Aye: 4 - Buchanan, Donovan, Frazey and Galloway
Nay: 3 - Byrd, Elenbaas, and Kershner
Gallaway moved and Buchanan seconded that the SUBSTITUTE Ordinance
Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING.
The motion carried by the following vote:
Aye: 4 - Buchanan, Donovan, Frazey, and Galloway
Nay: 3 - Byrd, Elenbaas, and Kershner
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
PART TWO.
Ll 11MI m U.-No
Councilmembers continued to give committee reports and other updates.
Elizabeth Kosa, Public Works Department Director, spoke about upcoming
road closures and stated they will be providing more information soon.
Councilmembers continued to discuss updates and other items.
The meeting adjourned at 9:37 p.m.
The County Council approved these minutes on July 25, 2023.
Wltatcom County Page 16 Printed on 712612023
Council Minutes - Final June 20, 2023
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Kristi Felbinger, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
Council Chair
"atcom County Page 17 Printed on 712612023