HomeMy WebLinkAboutCouncil Dec 5 2023Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Minutes - Final
Tuesday, December 5, 2023
6PM
Hybrid Meeting
HYBRID MEETING (PARTICIPATE IN -PERSON, SEE REMOTE JOIN
INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil, OR CALL
360.778.5010), AGENDA REVISED 11.30.2023 AND 12.5.2023
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 December 5, 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
FLAG SALUTE
ANNOUNCEMENTS
Buchanan gave certificates of appreciation to the following retiring staff.
• Bill Elfo, Sheriff
• Diana Bradrick, County Auditor
• Karen Frakes, Prosecuting Attorney's Office
and to the following departing Councilmembers:
• Carol Frazey
• Kathy Kershner
COUNTY EXECUTIVE'S REPORT
S atpal Sidhu, ro'u'il`.y Executive, thanked Kershner an Frazey 16r their
service and presented them with flowers. He also recognized Elfo,
Bradrick, and Frakes. He stated it is his honor to return as Executive for
another four years.
He updated the Councilmembers on:
• Flooding this week
• The public health, safety and justice facilities and services tax
• Upcoming topics including the 2025-2026 Biennial Budget and the
Comprehensive Plan
MINUTES CONSENT
Byrd moved to accept the minutes consent items. The motion was seconded
by Donovan (see votes on individual items below).
1. MIN 2023.074 Committee of the Whole Executive Session for November 21, 2023
Byrd moved and Donovan 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
2. 1V IN2023-075 Committee of the Whole for November 21, 2023
Byrd moved and Donovan 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
3. Ml%I_2023 -0766 Regular County Council for November 21, 2023
Byrd moved and Donovan 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
1. AB2023-736 Ordinance amending Whatcom County Code Chapter 3.72, Construction projects -
apprentice requirements, to align with RCW 39.04.320
Buchanan opened the Public Hearing and the following people spoke:
• Karl de Jong
• Lisa Marx
• Rory Silva
• Dennis Halloran
• Edward King
• Miguel Perry
• Robert McCloud
• John Cogswell
• John Collins
• Wyatt Hamm
• Name not stated
Hearing no one else, Buchanan closed the Public Hearing.
Kershner moved and Frazey seconded that the Ordinance Requiring a
Public Hearing be ADOPTED.
Donovan thanked people who shared. He acknowledged former
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Councilmember Rud Browne for bringing this forward in the first place. He
stated we passed the program previously and are now pausing it to let the
State catch up.
Elenbaas spoke about the trades in the high schools and a letter sent to
Council from Associated General Contractors (AGC) in support of this
ordinance.
Kershner'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 2023-077
2. AB2023- 748 Ordinance adopting various amendments to Whatcom County Code Title 20, Zoning,
and Title 21, Land Division Regulations
Cliff Strong, Planning and Development Services Department, stated this is
the annual code scrub and pointed out a scrivener's error in Exhibit A. He
did not delete section 20.67.100.107 (Mini -day care centers...) and that
should have been stricken based on discussions in a previous meeting.
Buchanan opened the Public Hearing and hearing no one, closed the Public
Hearing.
Frazey moved and Donovan seconded that the Ordinance Requiring a Public
Hearing be ADOPTED.
Strong spoke about the only substantive change in the code scrub which was
the language requiring an additional parking space for visitors for
developments on private roads.
Frazey'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
OPEN SESSION
Enactment No: ORD 2023-078
The following people spoke:
• Mark Lann
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• Christopher Deile
• Bruce Ansell
• Kendra Cristelli
• John Ferdon
• David Forbes
• Michael Gustafson
• Joshua Serface
• Scott Painter
• Omar Mejia
• Todd Lagestee
• Nick Karstetter
• Scott Farrell
• David Wallin
• Rosemary Van Beek
• Misty Flowers
• RobRoy Graham
• Markis Dee
• Tony Melillo
• Emily Weaver
• Hannah Ordos
• Larry Hoffman
• Melissa Gragg
• Natalie Chavez
• Lyle Sorenson
• Hank Maleng
• Alexander Harris
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 39.
Elenbaas requested they vote separately on the following items:
1. AB2023-596
7. AB2023-780
10. AB2023-783
17. AB2023-794
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26. AB2023-803
37. AB2023-829
39. AB2023-834
Count lmembers voted on Consent Agendas item numbers 2-6, 8; 9; 1 1-16,
18-25, 27-36, and 38 (see votes on individual items below).
1. AB2023-596 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 Whatcom County
Extension in the amount of $274,037 for a total amended contract amount of
$3,260,536.90
This item was considered separately below.
2. /i B2023_, 700 Request authorization for the County Executive to enter into an interlocal agreement
amendment between Whatcom County and the Port of Bellingham to lease the
Whatcom Unified Emergency Coordination Center in the annual amount of
$88,055.20
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
3, AB2023- 720 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Seattle (Seattle City Light) for the purpose
of recovering impact payments relative to their power plants and dams located in
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
4. AB2023 768 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Mercy Housing Northwest to support operations at
permanent supportive housing facilities in the amount of $51,000 for a total amended
contract amount of $260,250
Kershner reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED BY CONSENT. The motion
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carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
5. A2023 W770 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Domestic Violence and Sexual Assault Services
(DVSAS) to operate emergency shelters in the amount of $65,307 for a total
amended contract amount of $116,870
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. AB2023-7717 Resolution ordering the cancellation of unredeemed checks (warrants) more than one
year old
Kershner 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
Enactment No: RES 2023-051
7. A2023-780 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the Administrative Office of the Courts for
reimbursement for costs related to the Water Rights Adjudication in the amount of
$881,300
This item was considered separately below.
8. AB2023 781 Request authorization for the County Executive to enter into an interlocal amendment
between Whatcom County and the City of Bellingham to extend the term of the Jail
Use Agreement until December 31, 2024
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
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9. AB202_, 3-782 Request authorization for the County Executive to enter into an interlocal amendment
between Whatcom County and the City of Sumas to extend the term of the Jail Use
Agreement until December 31, 2024
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. AB2023-783 Request authorization for the County Executive to enter into a contract between
Whatcom County and RH2 to update the Whatcom County Coordinated Water
System Plan, in the amount of $150,000
This item was considered separately below.
11. A 2023. 786 Request authorization for the County Executive to enter into a 2-year contract
between Whatcom County and Whatcom Law Group / Rajeev Majumdar for hearing
examiner services for $220,320
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
12. AB2023- 787, Request authorization for the County Executive to enter into a contract between
Whatcom County and Stephen Jackson Law, PLLC in order to have Stephen
Jackson handle the RALJ Appeal matters for the Whatcom County Public Defender's
Office for increased service costs in the amount of $10,000.00
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
13. AB2023-789_ Request Authorization for the County Executive to enter into a contract between
Whatcom County and the Washington State Office of Public Defense for the purpose
of improving the quality of public defense services in Washington State counties in the
amount of $213,905.00
Kershner reported for the Finance and Administrative Services Committee
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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
14. A 2023-790 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and U.S. Department of Justice for the FY23 Community
Oriented Policing Services (COPS) Technology and Equipment Program grant, in the
amount of $500,000.00
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
15. AB2023 792 Request authorization for the County Executive to enter into a contract between
Whatcom County and YWCA Bellingham to operate a severe weather shelter for
homeless women, in the amount of $385,000
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
16. AB2023-793 Request authorization for the County Executive to enter into a contract between
Whatcom County and Foundation Restoration LLC to install new FasTop SL45
Flooring at Whatcom County Disposal of Toxics, in the amount of $53,877.98
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
17. AB2023-a79,4 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the Whatcom Conservation District for Pollution
Identification and Correction (PIC) Program technical assistance and cost share, in
the amount of $71,000.00 (Council acting as the Whatcom County Flood Control
Zone District Board of Supervisors)
This item was considered separately below.
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18. AB2023-795 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the Whatcom Conservation District to implement the
Domestic -Municipal Water Use Efficiency Project, in the amount of $33,000.00
(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: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
19. A132023m-796 Request authorization for the County Executive to enter into a contract between
Whatcom County and Birch Bay Chamber of Commerce for Visitor Center
operations in the amount of $136,000
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
20. AB2023-79 7 Request authorization for the County Executive to enter into a contract between
Whatcom County and Mount Baker Foothills for Visitor Center operations in the
amount of $146,000
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
21. AB2023 798 Request authorization for the County Executive to enter into a contract between
Whatcom County and Bellingham Whatcom County Tourism for costs related to
tourism efforts 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
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22. 1 B2023.799 Request authorization for the County Executive to enter into an agreement between
Whatcom County and Northwest Tune Up, LLC in support of tourism activities 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
23. AB2023 800 Request authorization for the County Executive to enter into an agreement between
Whatcom County and the Port of Bellingham in support of an art installation project
to promote tourism in the amount of $75,000
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
24. AB 20238{0I Request authorization for the County Executive to enter into a contract between
Whatcom County and Sustainable Connections for their Agritourism program to
promote tourism in the amount of $40,000
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
25. AB2023-802 Request authorization for the County Executive to enter into Grant Amendment No. 1
between Whatcom County and the Washington State Department of Ecology, to
provide for continued implementation of the Swift Creek Management Action Plan in
the amount of $1,040,989.97
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
26. AB2023- 803 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Bellingham for the installation of City
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owned and operated electric vehicle chargers
This item was considered separately below.
27. AB2023-.804 Request approval for the County Executive to award bid # 23-73 to successful
bidder Faber Construction Corp and enter into a contract for the installation of a new
modular office building at the Point Roberts Transfer Station, in the amount of
$228,060.00
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: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay 0
28. AB20 3-805 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Everson for implementation of the Hazard
Mitigation Grant Agreement to purchase twelve flood -damaged properties, four of
which are in the City of Everson (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
29. AB2023-.806 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Lake Whatcom Residential & Treatment Center to
provide Leasing Specialist services in the amount of $49,467 for a total amended
contract amount of $78,620
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
30. AB2023,-807_ Request authorization for the County Executive to enter into a three-year agreement,
using the State of Washington contract, between Whatcom County and Insight Public
Sector for Neogov Onboard, Perform and Single Sign -On software, in the amount of
$150,695.09
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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
31. AB202 -810 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and YWCA Bellingham to operate shelter and transitional
housing facilities in the amount of $223,954 for a total amended contract amount of
$422,438
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
32. /#B2023-812 Request authorization for the County Executive to enter into a contract between
Whatcom County and Sound Earth Strategies LLC to provide remedial
investigation/feasibility study and construction and permitting support services for the
removal of existing underground storage tanks and sight remediation at the Whatcom
County Central Shop facility, in the amount of $138,737.00
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
33. AB2023-818 Request authorization for the County Executive to authorize binding of coverage with
Midwest Employer Casualty renewal for insurance protection for the self -insured
workers compensation program in the amount of $120,358 for calendar year 2024
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
34. AB2023-821_ Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Sean Humphrey House to operate permanent
supportive housing facilities for individuals living with HIV/AIDS in the amount of
$59,000 for a total amended contract amount of $111,600
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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, Franey, Galloway, and Kershner
Nay: 0
35. AB2023-823 Request approval for the County Executive to award renewal of the Microsoft
Enterprise Agreement for Annual Software Maintenance and enter into a three-year
contract with CDW-G using the approved KCDA Cooperative Contract #AEPA
022-G, in the amount of $849,567.27
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: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
36. AB202_3-826 Request authorization for the County Executive to enter into a contract between
Whatcom County and Summit Law Group to provide legal services for matters
related to collective bargaining, in the amount not to exceed $89,076 annually through
December 31, 2026
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
37. AB2023-829 Request authorization for the County Executive to enter into a grant contract between
Whatcom County and the Department of Commerce for the purpose of providing
stabilization support to new refugees in the amount of $300,000
This item was considered separately below.
38. AB2023-_830 Request authorization for the County Executive to enter into a contract agreement
between World Relief Western Washington and Whatcom County for the provision
of direct services assisting in the stabilization of newly arriving refugees in the amount
of $300,000
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:
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Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
39. AB2023---834 Resolution certifying Whatcom County's property tax levies for collection in 2024 to
the County Assessor
Enactment No: RES 2023-052
This item was considered separately below.
CONSENT AGENDA ITEMS CONSIDERED SEPARATELY
1. A 2023- 96 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 Whatcom County
Extension in the amount of $274,037 for a total amended contract amount of
$3,260,536.90
Kershner reported for the Finance and Administrative Services Committee
and moved that the Memorandum of Agreement be AUTHORIZED.
Tyler Schroeder, Director of Administrative Services, answered whether we
are using the General Fund to fund the WSU extension, whether we ask for
this or whether they ask us, and whether the 4H program is funded with the
General Fund.
Kershner's motion that the Memorandum of Agreement be AUTHORIZED
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Temp Absent: 1 - Galloway
7. AB2023-780 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the Administrative Office of the Courts for
reimbursement for costs related to the Water Rights Adjudication in the amount of
$881,300
Kershner reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED.
Tyler Schroeder, Director of Administrative Services, answered what the
money will pay for, what the timeline is for the courtroom to be up and
running, whether the future courtroom will be onsite or whether it will be
remote (or both), whether we would have to fund the $881,300 with
Whatcom County dollars instead of accepting the money from the State if
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the Council votes no on this, and whether the physical space for the
courtroom will be on the fifth floor.
Kershner's motion that the Interlocal be AUTHORIZED carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
10. A132023- 83 Request authorization for the County Executive to enter into a contract between
Whatcom County and RH2 to update the Whatcom County Coordinated Water
System Plan, in the amount of $150,000
Kershner reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED.
Gary Stoyka, Public Works Department, answered which coordinated water
plan this is, and stated it is all of the potable water systems in the county.
He answered whether RH2 is a local company and stated they are based in
Bothell but have a local office.
Kershner's motion that the Contract be AUTHORIZED carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
17. AB2u2w i 94 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the Whatcom Conservation District for Pollution
Identification and Correction (PIC) Program technical assistance and cost share, in
the amount of $71,000.00 (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.
Elenbaas compared the Pollution Identification and Correction (PIC)
Program (with an enforcement arm) and the Homeowner Incentive Program
in the Lake Whatcom Watershed (no enforcement) and whether there might
be a better outcome if they take the same approach here as in the watershed.
Kershner's motion that the Contract (FCZDBS) be AUTHORIZED carried by
the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
26. AB2023-803 Request authorization for the County Executive to enter into an interlocal agreement
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between Whatcom County and the City of Bellingham for the installation of City
owned and operated electric vehicle chargers
Kershner reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED.
Tyler Schroeder, Director of Administrative Services, answered whether
there are no dollar amounts attached to these documents because we are
allowing the City to install the chargers on County property, and whether we
do not think we need to get reimbursement since the City is using our asset.
Schroeder spoke about the discussion earlier in committee on this item and
that there is give and take with usage of City and County -owned parking lots.
Kershner's motion that the Interlocal be AUTHORIZED carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
37. AB2023-,82 ), Request authorization for the County Executive to enter into a grant contract between
Whatcom County and the Department of Commerce for the purpose of providing
stabilization support to new refugees in the amount of $300,000
Kershner reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED.
Tyler Schroeder, Director of Administrative Services, answered whether
this is a pass -through grant from the Department of Commerce and he
stated that is correct.
Jed Holmes, Administrative Services Community Outreach Facilitator,
stated it is broader than just Ukrainian refugees and serves other refugees
from other conflicts as well.
Kershner's motion that the Contract be AUTHORIZED carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
39. AB2023-834 Resolution certifying Whatcom County's property tax levies for collection in 2024 to
the County Assessor
Kershner reported for the Finance and Administrative Services Committee
and moved that the Resolution be APPROVED.
Tyler Schroeder, Director of Administrative Services, briefed the
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Councilmembers on the resolution and how it is different than
AB2023-650 which the Council considered on Monday, and stated this
shows the actual amounts of the levy for the General Fund, the Road Fund,
the Countywide EMS Fund, the Flood Control District, and the
Conservation Futures Fund. The resolution passed on Monday was for the
junior taxing districts and this is for the county. He answered what the
refund amounts are.
Kershner's motion that the Resolution be APPROVED carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Enactment No: RES 2023-052
OTHER ITEMS
(From Council Finance and Administrative Services Committee)
1. B2023-746 Ordinance closing Sudden Valley Stormwater Improvement Fund 371
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 2023-079
2. AB2023-752 Ordinance closing the Marine Drive, Locust Avenue to Alderwood Avenue Fund 380
Kershner reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED. The motion carried by the
following dote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Enactment No: ORD 2023-080
3. AB2023_754 Ordinance amending the 2023 Whatcom County Budget, request no. 16, in the
amount of 9,531,078
Kershner reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED.
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Tyler Schroeder, Director of Administrative Services, answered whether the
line items for the Prosecuting Attorney's Office are in addition to what was
just approved in the mid -biennium budget discussions, and stated these
amounts are for 2023. The actions in the budget discussions were for 2024.
He answered whether this represents additional staff, and when the case
management system will be up and running.
Kershner's motion that the Ordinance be ADOPTED carried by the following
vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Enactment No: ORD 2023-081
4. AB2.023- 763 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Northwest Youth Services to operate the Positive
Adolescent Development Program in the amount of $140,000 for a total amended
contract amount of $259,600
Kershner reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED.
Elenbaas spoke about the claims of performance in the contract and whether
the County verifies the outcomes of the program. The following people
answered questions:
• Kayla Schott-Bresler, Strategic Initiatives Special Programs
Manager
• Tyler Schroeder, Director of Administrative Services
Councilmembers discussed having a mechanism to audit the program
outcomes, what information should be audited, asking the Health and
Community Services Department to make sure that the requirement to
report to the Council is still included in the contract before Council passes
this, how the program goals have changed, and whether Council could get
access to the quarterly reports.
Schroeder stated they have every intention of asking the Health Department
to come back in 2024 to provide an update on the quarterly reports and the
work associated with Northwest Youth Services.
Kershner's motion that the Contract be AUTHORIZED carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
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Nay: 0
5. AB2023-766 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Whatcom County Fire Protection District #7 for the
provision of Advanced Life Support services, in the amount of $3,189,754.00
Kershner reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED.
Buchanan stated this is a substitute agreement.
Donovan spoke about giving more time to figure out the work issue
associated with the EMS Captain position but he supports the amended
version of the contract.
Byrd stated the only way he would be supportive of holding this one is if
they held the next one too.
Byrd moved to approve the original contract instead of the substitute. The
motion failed for lack of a second.
Councilmembers discussed the motion to approve the substitute agreement.
Kershner's motion that the SUBSTITUTE Interlocal be AUTHORIZED
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
6. AB2023-767 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Bellingham for the provision of Advanced
Life Support services, in the amount of $12,830,990.00
Kershner reported for the Finance and Administrative Services Committee
and moved that the SUBSTITUTE Interlocal be AUTHORIZED. The motion
carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: I - Byrd
7. AB2023 r771_ Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Opportunity Council to operate the permanent
supportive housing facility, 22 North, in the amount of $648,568 for a total amended
contract amount of $1,486,670
Kershner reported for the Finance and Administrative Services Committee
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and moved that the Contract be AUTHORIZED.
Elenbaas read from the contract. He stated these are things they are trying
to add to have a good outcome but it is too little too late.
Kershner stated she just got word that someone is at 22 North to visit a
resident and there are no staff there right now. She does not feel good about
this contract.
Galloway spoke about the amount of work the Opportunity Council has
done to try to make improvements. She fears not having permanent
supportive housing.
Councilmembers voted on the item (see vote below after further
discussion).
Karen Frakes, Prosecuting Attorney's Office, answered whether it is a
conflict of interest for someone on the board of the Opportunity Council to
be voting on funding for the Opportunity Council, and stated under the law it
is not. The difference is between being a board member as opposed to an
officer.
Councilmembers and Frakes discussed the concern.
Kershner's motion that the Contract be AUTHORIZED carried by the
following vote:
Aye: 4 - Buchanan, Donovan, Frazey, and Galloway
Nay: 3 - Byrd, Elenbaas, and Kershner
8. AB20223- 784, Request authorization for the County Executive to enter into a contract between
Whatcom County and Northwest Youth Services to operate the Ground Floor
Day -Use Center, in the amount of $170,000
Kershner reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
9. f� l$2023-809 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Pioneer Human Services to operate a permanent
supportive housing facility known as City Gate, in the amount of $568,733 for a total
amended contract amount of $2,078,683
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Kershner reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED.
Elenbaas asked whether they need to have a board member on City Gate's
board of directors in order to make sure the money is going where it needs
to go.
Kershner's motion that the Contract be AUTHORIZED carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
10. AB2023- 819 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Opportunity Council to provide housing case
management services in the amount of $1,231,981 for a total amended contract
amount of $3,160,183
Kershner reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED.
Kayla Schott-Bresler, Strategic Initiatives Special Programs Manager,
answered whether there is no reference to 22 North in this funding and
stated that is correct.
Kershner's motion that the Contract be AUTHORIZED carried by the
following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 1 - Byrd
11. AB2023 820 Request authorization for the County Executive to enter into a contract between
Whatcom County and Lake Whatcom Residential & Treatment Center to provide
behavioral health support services at the downtown Bellingham Public Library, in the
amount of $185,000
Kershner reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED.
Elenbaas stated he assumes the reason we are stationing someone at the
library is location and he is questioning the appropriateness of that
placement.
Tyler Schroeder, Director of Administrative Services, stated it is in
partnership with the City of Bellingham and the City is the one that owns
and operates the library.
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Kershner's motion that the Contract be AUTHORIZED carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
(From Council Planning and Development Committee)
12. AB2023- 750 Resolution approving recommendations on applications for open space current use
assessment
Elenbaas reported for the Planning and Development 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
Enactment No: RES 2023-053
(From Council Committee of the Whole)
13. AB2023-7 75, Ordinance amending Whatcom County Code Chapter 2.03, Boards and
Commissions
Buchanan reported for the Committee of the Whole and moved that the
Ordinance be ADOPTED.
Councilmembers discussed the proposed changes for qualification
requirements (2.03.090 Qualifications), that the ordinance would still be
requiring applicants to live within Whatcom County, whether it applies to
all advisory groups, and that the code for each individual advisory group
would be the superseding code.
Jill Nixon, Council Office Staff, answered what changes were made to the
advisory group application form that she sent to the Council. She stated the
language that asked for a person's street address now asks for the address of
primary (principal) residence, she removed the questions that asked if
applicants are registered voters and a U.S. citizen, she changed the language
to "advisory groups" to match the new phrasing in the ordinance, and she
added a sentence about affirming that the information provided in the
application is true and correct. She answered whether this code also applies
to Executive advisory groups and stated it does.
Buchanan's motion that the Ordinance be ADOPTED carried by the following
vote:
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Aye: 5 - Buchanan, Byrd, Donovan, Frazey, and Galloway
Nay: 2 - Elenbaas, and Kershner
Enactment No: ORD 2023-082
14. AB2023-778 Ordinance submitting to the qualified voters of Whatcom County a proposal to amend
Whatcom County Charter Section 4.30 to expand the standards for conflict of
interest
Buchanan reported for the Committee of the Whole and moved that the
Ordinance be ADOPTED.
Elenbaas spoke about it being a Council -driven Charter amendment and not
coming from the Charter Review Commission.
Councilmembers voted on the ordinance (see vote below) and then
continued to discuss it.
Dana Brown -Davis, Clerk of the Council, answered what ballot it will go on
and stated it would go on the general November ballot.
Buchanan's motion that the Ordinance be ADOPTED carried by the following
vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
Enactment No: ORD 2023-083
15. AB2023-791 Resolution to establish an independent review of countywide fire and EMS structures
Buchanan reported for the Committee of the Whole and moved that the
Resolution be APPROVED.
Councilmembers discussed the motion, that the focus is on the Resolution
and not on Exhibit C of the memo, and whether the groups should be given
the chance to come with solutions before paying a third party.
Dana Brown -Davis, Clerk of the Council, stated that this is a substitute.
Buchanan's motion that the SUBSTITUTE Resolution be APPROVED
carried by the following vote:
Aye: 5 - Buchanan, Byrd, Donovan, Frazey, and Galloway
Nay: 1 - Elenbaas
Abstain: 1 - Kershner
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Enactment No: RES 2023-054
(No Committee Assignment)
16. AB2023-824 Approval of special standing meeting dates for 2024
Donovan moved and Byrd seconded that the Request for Motion be
APPROVED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. AB2023-; 833. Appointment to vacancies on the Forest Resilience Task Force, Applicant(s): Russ
Pfeiffer -Hoyt, T. Abe Lloyd, David Wallin, Ellyn Murphy, Alexander Harris, Oliver
Grab, Laura Weiss, and Jennifer Mackey
Buchanan read the applicants into the record.
Councilmembers considered the following positions:
Community member with expertise in owning; or managing forest lands for
conservation purposes 1 VACANCY)
• Jennifer Mackey (late application)
Community member with expertise in climate, salmon recovery, and natural
resources policy l VACANCY)
• Alexander Harris
Community member with relevant science discipline (2 VACANCIES)
• T. Abe Lloyd
• David Wallin
Kershner moved to appoint all by acclamation.
Galloway stated there were some late applications and asked if they need a
motion to consider those.
Kershner withdrew her motion.
Galloway moved to accept late applications. The motion was seconded by
Donovan.
The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and
Kershner
Nay: 0
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Kershner moved to appoint the first three categories by acclamation. The
motion was seconded by Frazey.
None of the, applicants were available to speak,
The motion carried by the following vote:
Aye: 7 - Byrd, Donovan, Elenbaas, Frazey, Galloway, Kershner, and
Buchanan
Nay: 0
Councilmembers considered the Community member with expertise in
forest management/wood products industry (I VACANCY)
• Ellyn Murphy
• Gregory Houle
The following applicant spoke and answered questions:
• Ellyn Murphy
Donovan moved and Frazey seconded to nominate the two applicants (Ellyn
Murphy and Gregory Houle).
Councilmembers discussed the applicants.
Ellyn Murphy was appointed with five votes as follows:
Byrd: Houle
]Donovan: Murphy
Elenbaas: Houle
Frazey: Murphy
Galloway: Murphy
Kershner: Murphy
Buchanan: Murphy
Councilmembers considered the Communitymember w/ expertise in
watershed management (incl. Lake Whatcom) and/or land use planning
• Oliver Grah
• Laura Weiss
Neither applicant was present.
Kershner moved and Donovan seconded to nominate both applicants.
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Councilmembers discussed the applicants and Oliver Grah was appointed
with four votes as follows:
Donovan: Weiss
Elenbaas: Weiss
Frazey: Grah
Galloway: Grah
Kershner: Grah
Buchanan: Grah
Byrd: Weiss
Councilmembers considered the Representative of Trust Land
Beneficiaries (2 VACANCIES)
• Russ Pfeiffer -Hoyt
• Tony Melillo (late application)
• Christine Perkins (late application)
Donovan moved and Buchanan seconded to nominate all the applicants.
None of the applicants were present.
Councilmembers discussed the applicants and Pfeiffer -Hoyt and Melillo
were appointed with six votes each as follows:
Elenbaas: Melillo and Pfeiffer -Hoyt
Frazey: Melillo and Perkins
Galloway: Pfeiffer -Hoyt and Melillo
Kershner: Pfeiffer -Hoyt and Melillo
Buchanan: Perkins and Pfeiffer -Hoyt
Byrd: Pfeiffer -Hoyt and Melillo
Donovan: Pfeiffer -Hoyt and Melillo
Positions were APPOINTED.
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MOTION SUMMARY
Appointed as follows:
Community member with expertise in owning or managing forest lands for conservation purposes (1 VACANCY):
Jennifer Mackey 7-0;
Community member with expertise in climate, salmon recovery, and natural resources policy (1 VACANCY):
Alexander Harris 7-0;
Community member with relevant science discipline (2 VACANCIES):
T. Abe Lloyd 7-0
David Wallin 7-0;
Community member with expertise in forest management/wood products industry (1 VACANCY):
Ellyn Murphy with 5 votes;
Community member w/ expertise in watershed management (incl. Lake Whatcom) and/or land use planning:
Oliver Grah with 4 votes;
Representative of Trust Land Beneficiaries (2 VACANCIES):
Russ Pfeiffer -Hoyt (with 6 votes)
Tony Melillo (with 6 votes)
CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS,
COMMISSIONS, AND COMMITTEES
1. AB2023-808. Request confirmation of the County Executive's appointment of Geoff Klise to the
Parks and Recreation Commission
Frazey moved and Kershner seconded that the Executive Appointment be
CONFIRMED.
The applicant answered questions.
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
ITEMS ADDED BY REVISION
1. A1132021-835, Appointment of Whatcom County Sheriff to fill vacancy between January 1 and
January 8, 2024
Buchanan moved and Galloway seconded that Tanksley be APPOINTED.
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The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Appointed Sheriff Elect Tanksley 7-0
2. AB2€ 23 837 Resolution encouraging the County Executive to pursure opportunities for property
acquisitions that promote conservation, economic development, and tourism
associated with Bellingham to Mt. Baker trails
Buchanan reported for the Committee of the Whole and moved that the
SUBSTITUTE Resolution be APPROVED.
Councilmembers discussed the resolution and Galloway stated she has
concerns about the Bay to Baker Trail because it involves
multi jurisdictional discussion and there is a lot to still figure out about that
area.
Galloway moved to amend the resolution to strike the Whereas statement
on page one of the resolution (lines 29-32):
The motion was seconded by Donovan.
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 SUBSTITUTE Resolution be APPROVED AS
AMENDED carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
Enactment No: RES 2023-055
3. AB2023-838 Request authorization for the County Executive, acting on behalf of the Flood Control
Zone District, to take out loans from the Whatcom County Investment Pool
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Buchanan reported for the Finance and Administrative Services Committee
and moved that the Request for Motion be APPROVED. The motion carried
by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
INTRODUCTION ITEMS
Frazey moved to introduce items one and two. The motion was seconded by
Byrd (see votes on individual items below).
1. AB2023-822 Ordinance adopting two -tenths of one -percent sales and use tax for the purpose of
funding public health, safety, and justice facilities and services, including a new county
jail, behavioral health, supportive housing, public safety, and criminal justice facilities
and programs
Frazey moved and Byrd 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
2. AB2023- 840 Ordinance amending the 2023 Whatcom County Budget, request no 17, in the
amount of $1,400,000
Frazey moved and Byrd 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
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
ADJOURN
Councilmembers gave Committee reports and gave other updates and spoke
about departing Councilmembers and staff.
The meeting adjourned at 10:33 a.m.
The County Council approved these minutes on January 9, 2024.
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
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DanorowndD4V,i�,'.Coullncit:clerk chanan, Council Chair
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Kristi Felbinger, Minutes Transcription
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