HomeMy WebLinkAboutCouncil May 23 2023COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Minutes m Final
Tuesday, May 23, 2023
6 PM
Hybrid Meeting
HYBRID MEETING (PARTICIPATE IN -PERSON, SEE REMOTE JOIN
INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil, OR CALL
360.778.5010)
C®UNCILMEMBERS
Barry Buchanan
Tyler Byrd
Todd Donovan
Ben Elenbaas
Carol Frazey
Kaylee Galloway
Kathy Kershner
CLERIC OF THE COUNCIL
Dana Brown -Davis, C.M.C.
Council Minutes - Final May 23, 2023
Council Chair Barry Buchanan called the meeting to order at 6:01 p.m. in a
hybrid meeting.
Present: 7 - Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,
Kaylee Galloway, and Kathy Kershner
FLAG SALUTE
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COUNTY EXECUTIVE'S REPORT
There was no report.
1. MIN2023-035_ Health Board for May 2, 2023
Kershner moved and Byrd 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
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OPEN SESSION
The following people spoke:
• Matt Small
• Cliff Langley
• Natalie Chavez
• Perry Eskridge
• Misty Flowers
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 eight.
Councilmembers voted on those items (see votes on individual items
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Council Minutes - Final May 23, 2023
below).
1. AB2023-330 Request authorization for the County Executive to enter into a contract between
Whatcom County and the City of Everson to participate in the Floodplain Integrated
Planning (FLIP) process, in the amount of $24,000.00 (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
2. AB2023-336 Request authorization for the County Executive to award bid #23-22 and enter into a
subsequent contract between Whatcom County and Herron Valley, Inc. DBA
Bayside Services, for the annual street sweeping and cleaning services of the Lake
Whatcom and Lake Samish watershed areas, in the amount of $85,000
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
3. A B2023-339, Request authorization for the County Executive to enter into a Project Agreement
between Whatcom County and the County Road Administration Board (CRAB), for
the Everson -Goshen Road Pavement Rehabilitation Project, for Rural Arterial
Program (RAP) funding, in the amount of $108,000
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
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4. A 2023-340 Request authorization for the County Executive to enter into a Project Agreement
Amendment No. 2 with the County Road Administration Board (CRAB), for the
Hampton Road Pavement Rehabilitation Project, for Rural Arterial Program (RAP)
funding, in the amount of $1,092,000
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:
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Council Minutes - Final May 23, 2023
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
5. AAB2023 -342 Request authorization for the County Executive to enter into a contract between
Whatcom County and Catholic Community Services to operate the permanent
supportive housing facility known as Francis Place, in the amount of $170,041
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. AB2023-334, Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Whatcom Family & Community Network to provide
youth prevention programs in the amount of $85,452 for a total amended contract
amount of $230,452
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. AB2023,-341 Request authorization for the County Executive to enter into an interagency
reimbursement agreement between Whatcom County and State of Washington
Administrative Office of the Courts for funding to enhance an audio visual system in a
Superior Court courtroom not to exceed $100,000.00
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
8. AB2_.,023-348 Request authorization for the County Executive to enter into an agreement between
Whatcom County and Justice AV Solutions (JAYS) for equipment to upgrade the
audio visual recording system in Superior Court Courtroom 4C not to exceed
$69,318.59
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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Council Minutes - Final May 23, 2023
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
1
(From Council Finance and Administrative Services Committee)
1. AB2023--324 Ordinance amending the Whatcom County Budget, request no. 8, in the amount of
$2,557,297
Kershner reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED.
Elenbaas stated he does not agree with one of the items in here so he cannot
vote yes.
Kershner'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 2023-032
2. A132023 326 Ordinance authorizing an interfund loan for the purchase of floodplain land near
Acme, Wa
Kershner reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED.
Elenbaas stated this is related to why he voted no on the previous item. He
does not think a good solution to flooding issues is buying up farmland so it
can flood. One of the most crippling things we have done to agriculture
land, as we look at protecting agriculture, is conservation easements, so it is
for that reason that he will not support this budget item.
Kershner'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 2023-033
3. AB2023-337 Request authorization for the County Executive to enter into a Local Agency
Agreement between Whatcom County and Washington State Department of
Transportation (WSDOT) to receive state funding for the Lumtni Island Ferry
Replacement & System Modernization Project in the amount of $5.3 million
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Council Minutes - Final May 23, 2023
Kershner reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
ITEMS ADDED BY REVISION
There were no agenda items added by revision.
INTRODUCTION ITEMS
1. AB2023--3309 Ordinance adopting amendments to Whatcom County Code Title 20, Zoning, to
regulate short-term vacation rentals
Galloway moved and Frazey seconded that the SUBSTITUTE Ordinance
Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING.
Councilmembers discussed the Ordinance.
Dana Brown -Davis, Clerk of the Council, stated this item is scheduled to
have a public hearing in two weeks.
Councilmembers discussed that this Ordinance with Exhibit A will not go to
committee again but the actual short-term rental regulations will. This is the
definitions that will be attached to the Shoreline Management Plan.
Donovan stated he wanted to add it to a committee so we can have the
Council discussing this as the whole Council.
Buchanan moved to have a work session on this at the next meeting in
Committee of the Whole but there was already a motion on the floor.
Elenbaas stated the code amendments are in two sections so section one
(this item) moves forward. Then section two will come as its own separate
amendment and go through committee.
Galloway's motion that the SUBSTITUTE Ordinance Requiring a Public
Hearing be INTRODUCED FOR PUBLIC HEARING carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
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Council Minutes - Final May 23, 2023
Kershner moved to rescind the motion approved May 9 to not allocate
$750,000 to the Lighthouse Mission. The motion was seconded by
Buchanan.
Councilmembers discussed whether this would be putting the funds back
into the unallocated pool.
The motion carried by the following vote:
Aye: 5 - Buchanan, Byrd, Donovan, Elenbaas, and Kershner
Nay: 1 - Frazey
Abstain: 1 - Galloway
Kershner moved to request that the Administration bring forward a contract
with the Lighthouse Mission to fund kitchen equipment and specialty
shelter furnishings, funded from ARPA, in the amount of $750,000. The
motion was seconded by Buchanan.
The motion carried by the following vote:
Aye: 4 - Byrd, Elenbaas, Kershner, and Buchanan
Nay: 1 - Frazey
Abstain: 2 - Donovan and Galloway
Councilmembers gave committee reports and other updates.
Byrd spoke about a letter the Council considered in April regarding the
North Cascades Ecosystem Grizzly Bear Restoration Plan/Environmental
Impact Statement (AB2023-272 and AB2023-316). He stated he heard from
Valentino Villaluz from the Swinomish Tribe regarding Whatcom County
asking for a seat to be on the North Cascades Interagency Grizzly Bear
Committee and asked whether that is something Council would be
interested in.
Dana Brown -Davis, Clerk of the Council, stated she received an email from
one of the clerks in one of the other counties stating the board did not have
seats available anymore.
Byrd stated Villaluz told him the board did not have seats for the other
counties either but set them up when those two other councils approached
them. He wonders if it is worth reaching back out and specifically
requesting that they have a seat if the Council is interested in having one.
Councilmembers discussed whether they would like a seat.
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Byrd moved that we ask staff to reach back out to that board and specifically
request a seat for a Whatcom County councilmember on the basis that the
habitat impacts Whatcom County the most. The motion was seconded by
Elenbaas.
Councilmembers discussed the motion.
The motion carried by the following vote:
Aye: 5 - Elenbaas, Galloway, Kershner, Buchanan, and Byrd,
Nay: 0
Abstain: 2 - Frazey and Donovan
Councilmembers continued with Councilmember updates.
ACTION SUMMARY:
Motion approved 5-1-1, with Frazey opposed and Galloway abstaining, to rescind the motion approved May 9 to
not allocate $750,000 to the Lighthouse Mission.
Motion approved 4-1-2 with Frazey opposed and Donovan and Galloway abstaining, to request that the
Administration bring forward a contract with the Lighthouse Mission to fund kitchen equipment and specialty shelter
furnishings, funded from ARPA, in the amount of $750,000.
Motion approved 5-0-2, with Frazey and Donovan abstaining, that they ask staff to reach back out to the board
(North Cascades Interagency Grizzly Bear Committee) and specifically request a seat for a Whatcom County
councilmember on the basis that the habitat impacts Whatcom County the most.
The meeting adjourned at 6:51 p.m.
The County Council approved these minutes on June 6, 2023.
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