HomeMy WebLinkAboutCouncil Sep 12 2023COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Minutes - Final
Tuesday, September 12, 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 9.11.2023
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 September 12, 2023
1 1 1
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
COUNTY EXECUTIVE'S REPORT
There was no report.
MINUTES CONSENT
Frazey moved to accept the minutes consent items. The motion was
seconded by Byrd (see votes on individual items below).
1. MIN2023-057 Health Board and Public Health Advisory Board for August 1, 2023
Frazey 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
Nay: 0
2. V IN20_ 3 0 8 Committee of the Whole Executive Session for August 8, 2023
Frazey 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
Nay: 0
3. `VI_If,(202" 3 59 Committee of the Whole for August 8, 2023
Frazey 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
Nay: 0
4. i' I.N:?{)2 ➢.-0 0 Regular County Council for August 8, 2023
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Frazey 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
Nay: 0
5. —1N 2.9. 3- } E Special Council for September 5, 2023
Frazey 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
Nay: 0
PUBLIC HEARINGS
AB2023-399 Ordinance adopting various amendments to WCC Title 20, Zoning, regarding
home -based businesses
Cliff Strong, Planning and Development Services Department, stated he did
not have a report.
Buchanan opened the Public Hearing and the following people spoke:
® Kaylee Rylaarsdam
Hearing no one else, Buchanan closed the Public Hearing.
.Byrd moved that this be held for further review in committee. The motion
was seconded by Elenbaas.
Councilmembers and Strong discussed the motion, whether this is different
than vacation rentals, whether the code they are looking at with this
ordinance makes it more permissive and expansive to have these
home -based businesses in the Agricultural Zone, and whether they would be
holding it to make it more expansive.
The motion to hold carried by the following vote:
Aye: 7 - Byrd, Donovan, Elenbaas, Frazey, Galloway, Kershner, and
Buchanan
Nay: 0
Clerk's note: See related discussion file AB2023-398.
A PUBLIC HEARING WAS HELD (file not final) and a motion was approved
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to hold this item.
Motion approved 7-0 to hold the item for further review in committee.
2. AFC;?023? 26 Ordinance establishing parking restrictions on Euclid Avenue as Whatcom County
Code 10.24.260
Buchanan opened the Public Hearing and the following people spoke:
® David McLain
Hearing no one else, Buchanan closed the Public Hearing.
Byrd moved and Buchanan seconded that the SUBSTITUTE Ordinance
Requiring a Public Hearing be ADOPTED.
Doug Ranney, Public Works Department, answered what areas and times of
day are included in the no -parking zone and how it will be enforced.
Kershner spoke about why she brought this proposal forward.
Councilmembers discussed that the ordinance was a substitute that was
introduced on August 8, 2023 and Byrd clarified that for his motion.
Byrd's motion that the SUBSTITUTE 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 2023-049
3. AZ023-501. Ordinance establishing parking restrictions on Samish Way
Doug Ranney, Public Works Department, stated he was available for
questions.
Buchanan opened the Public Hearing and hearing no one, closed the Public
Hearing.
Frazey moved and Byrd seconded that the Ordinance Requiring a Public
Hearing be ADOPTED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Enactment No: ORD 2023-050
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4. A 2023-528. Ordinance establishing parking restrictions on Aldrich Road as Whatcom County
Code 10.24.265
Buchanan opened the Public Hearing and hearing no one, closed the Public
Hearing.
Kershner moved and Byrd seconded that the Ordinance Requiring a Public
Hearing be ADOPTED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
OPEN SESSION
Enactment No: ORD 2023-051
The following people spoke:
• John Ferdon
• John Westerfield
• Bob Anderson
• Pam Gould
• Russ Pfeiffer -Hoyt
• Riley Sweeney
• Tyson King
• Hale Hanaway
• Rhayma Blake
• Lyle Sorenson
• Natalie Chavez
Hearing no one else, Buchanan closed the Open Session.
(From Council Finance and Administrative Services Committee)
Because of technical issues, Kershner asked that Frazey report for her
committee.
Frazey reported for the Finance and Administrative Services Committee
and moved to approve Consent Agenda items numbers 1-3 (item number 4
was withdrawn by the proposer), 5-11 (item number 12 was considered
separately), and 13-23. Councilmembers voted on those items (see votes on
individual items below).
Clerk's note: Elenbaas voted yes on the Consent Agenda items and then
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later changed his vote to no.
1. M3202 -_536. Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Department of Ecology for solid
waste facility monitoring and code enforcement activities, in the amount of $237,643
Frazey reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
2.3:1 3- 3" Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Department of Ecology for
collection and management of household hazardous waste, in the amount of
$540,857.50
Frazey reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
3. AB2023-538 Request authorization for the County Executive to enter into a contract between
Whatcom County and Whatcom Dispute Resolution Center to provide youth conflict
resolution workshops in the amount of $35,000 for a total amended contract amount
of $70,000
Frazey reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
4. A 13202 -542_ Request authorization for the County Executive to enter into an interlocal amendment
between Whatcom County and Whatcom County Fire Protection District No. 7 for
the additional costs of onboarding a replacement Community Paramedic in the amount
of $32,264 for a total amount of $232,191
This agenda item was WITHDRAWN.
5. AB2023_5,13 Request authorization for the County Executive to enter into an interlocal agreement
amendment between Whatcom County and Washington State Department of
Commerce Office of Crime Victims Advocacy (OCVA) for reimbursement of
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services relating to advocacy for child victims of abuse or neglect in dependency
proceedings, in the amount of $27,942
Frazey reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
6. A132023-544 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the Administrative Office of the Courts for
reimbursement of services relating to the Uniform Guardianship Act in the amount of
$54,134 for SFY 2023-2024
Frazey reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
7. A13 02.3-546 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Department of Children, Youth and
Families for services relating to evidence -based programming such as Coordination of
Services for juvenile offenders under the supervision of Juvenile Court to continue at
the SFY2022-2023 reimbursement rate until the State has determined new rates
Frazey reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
8. A11202;,-,�4 7, Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the Administrative Office of the Courts for
reimbursement of costs related to the Volunteer Guardian Ad Litem (VGAL)
Program in the amount of $87,861
Frazey reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
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9. ��1 202 3 549 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and City of Bellingham for FY 2023 Edward Byrne
Memorial Justice Assistance Grant (JAG) Program, in the amount of $14,942
Frazey reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
10. 'A1112 123, Z Resolution requesting authorization to make an application and enter into a grant
agreement with the Washington State Recreation and Conservation Office to
complete deferred maintenance at several Silver Lake Park cabins
Frazey reported for the Finance and Administrative Services Committee and
moved that the Resolution be APPROVED. The motion carried by the
following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
Enactment No: RES 2023-021
11. AR20 3-5 o Request authorization for the County Executive to enter into an interlocal agreement
amendment between Whatcom County and Washington State Department of
Commerce for a Drug Task Force Justice Assistance Grant (JAG) FFY 2020-2021,
in the amount of $135,000 for a total amended amount of $334,375
Frazey reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
12. AF?,202j'-561 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Bellingham to consolidate previous
amendments and extend the term date for the WHAT-COMM Communications
Center
This item was considered separately (see below).
13. A132023-562 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 provide an advance in funding for DSHS-funded Developmental
Disabilities Administration Programs, in an amount authorized up to $470,230
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Frazey reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: I - Elenbaas
14. A < 023 e 564 Request for the County Executive to enter into an interlocal agreement between
Whatcom County and the Administrative Office of the Courts for reimbursement of
services relating to BECCA cases (Truancy, At -Risk Youth and Child In Need of
Services) in the amount not to exceed $270,876
Frazey reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
15. A 0 2 3 572 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Whatcom Council of Governments for evaluating
siting options for electric vehicle charging infrastructure countywide, in the amount of
$5,000
Frazey reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
16. AB202.3-._° 73 Request authorization for the County Executive to enter into a Federal Aid Project
Prospectus and Local Agency Agreement between Whatcom County and the
Washington State Department of Transportation for the Jackson Road / Terrell Creek
Bridge No. 81 Replacement, in the amount of $625,000
Frazey reported for the Finance and Administrative Services Committee and
moved that the Agreement be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
17. A1320121-3w 36 Request authorization for the County Executive to enter into a contract between
Whatcom County and Washington State Department of Ecology to provide funding
for the removal of litter and illegally discarded materials from public lands, in the
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amount of $112,700
Frazey reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
18. A= 2023..-57 7_ Request authorization for the County Executive to enter into an Interlocal agreement
between Whatcom County and Meridian School District to provide funding for a
Behavioral/Mental Health Professional, in the amount of $450,000
Frazey reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
19. A132023-578_ Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Nooksack Valley School District to provide funding
for Mental Health Professional personnel, in the amount of $300,000
Frazey reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
20. AB2023-580. Request authorization for the County Executive to award bid #SWBB23-01 and
enter into a contract between Whatcom County and Stremler Gravel, Inc. for the
Cottonwood Drive Stormwater Inlet Repairs in the amount of $99,430.03
Frazey reported for the Finance and Administrative Services Committee and
moved that the Bid Award be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
21. A 2023w,_58 t Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Health Care Authority to provide
funding for treatment and recovery support services to those involved in the criminal
justice system, in the amount of $651,108
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Frazey reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
22. AB2021'1-1-11- Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Bellingham School District to provide funding for
mental and behavioral health personnel and staff professional development, in the
amount of $ l ,140,000
Frazey reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
23. AQ20-235gi6 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Lynden School District to provide funding for
behavioral health and social services personnel, in the amount of $495,000
Frazey reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
CONSENT AGENDA ITEM CONSIDERED SEPARATELY
12. A132023 561 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Bellingham to consolidate previous
amendments and extend the term date for the WHAT-COMM Communications
Center
Frazey reported for the Finance and Administrative Services Committee
and proved that the Interlocal be AUTHORIZED.
Councilmembers discussed the conversation that was held in committee
today about maybe requesting that the Administrative Board do an
evaluation of their current membership and report back to Council with a
recommendation, and that the Council have further discussion about the
composition of the board.
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Tyler Schroeder, Executive's Office, answered whether holding this would
work with the timeline and stated they just need to get the agreement
accomplished by the end of the year.
Galloway moved to hold until September 26 when they can have a
discussion during the Criminal Justice and Public Safety Committee on the
composition of the Administrative Board. The motion was seconded by
Byrd. She requested that someone communicate with and invite current
board members who might be interested in giving feedback.
Councilmembers and staff discussed the committee in which the discussion
should be scheduled.
Galloway's motion that the Interlocal be HELD and REFERRED to the
Criminal Justice and Public Safety Committee to discuss the composition of
the Administrative Board carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
OTHER ITEMS
(From Council Finance and Administrative Services Committee)
Clerk's note: Elenbaas requested to change his vote from yes to no on the
items approved by consent.
1. A132023-507 Ordinance amending the project budget for the Jail Improvement Fund, request no. 6
Frazey 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 2023-052
2. A 1320'23`.509 Ordinance amending the 2023 Whatcom County Budget, request no. 12, in the
amount of $2,126,139
Frazey reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED.
Galloway stated she would be interested in a presentation to learn more
about the housing project for which there is a $1 million investment and
also more about other housing projects in the context of the broader
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housing topic.
Elenbaas asked about the remodel for the Assessor's Office.
Frazey's motion that the Ordinance be ADOPTED carried by the following
vote:
Aye: 5 - Buchanan, Donovan, Frazey, Galloway, and Kershner
Nay: 2 - Byrd, and Elenbaas
Enactment No: ORD 2023-053
3. At3 023.5 l Request authorization for the County Executive to enter into a contract between
Whatcom County and Washington State Military Department in the amount of
$1,480,000 to support the county's efforts following the November 2021 flood event
Frazey reported for the Finance and Administrative Services Committee and
moved that the Contract be AUTHORIZED. The motion carried by the
following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Temp Absent: 1 - Byrd
4. A1'3 202"3)-`-;3 3 Request authorization for the County Executive to enter into a contract between
Whatcom County and Washington State Department of Commerce, in the amount of
$1,879,999, to support the county's recovery efforts following the November 2021
flood event
Frazey 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
5. A1113.223-5-3-9 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington Department of Ecology to provide a
Washington Conservation Corps crew and supervisor, in the amount of $181,575
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors)
Frazey reported for the Finance and Administrative Services Committee
and moved that the Contract (FCZDBS) be AUTHORIZED.
Elenbaas asked whether these are inmates.
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Frazey's motion that the Contract (FCZDBS) be AUTHORIZED carried by
the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
6. AB2023�,w540 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Department of Commerce to
maintain current levels of homeless subsidies and emergency housing services, in the
amount of $2,890,020
Frazey reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED.
Elenbaas asked whether you have to pay back a grant.
Frazey's motion that the Interlocal be AUTHORIZED carried by the following
vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
7. A 132023-.,545 Request authorization for the County Executive to enter into a project reimbursement
agreement between Whatcom County and the Washington State County Road
Administration Board in the amount of $10,000,000
Frazey reported for the Finance and Administrative Services Committee
and moved that the Agreement be AUTHORIZED.
Donovan thanks to the staff who put all the work into getting this County
Road Administration Board (CRAB) grant and stated it gets us that much
closer to building a boat.
Frazey's motion that the Agreement be AUTHORIZED carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
8. A132023 553 Request authorization for the County Executive to enter into an interlocal agreement
amendment between Whatcom County and City of Bellingham to provide funding for
staffing and implementation of the Alternative Response Team (ART) Program in the
amount of $80,000 for a total amended amount of $570,096
Frazey reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED.
Councilmembers and Tyler Schroeder, Executive's Office, discussed
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whether we have been getting good feedback on this program, the intention
to expand the program to the county in 2024, whether there is a lot of staff
turnover in the program, and the need for expanding not only in geography
but in days and hours per week.
Frazey's motion that the Interlocal be AUTHORIZED carried by the following
vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
9. A11 023 m554 Request authorization for the County Executive to enter into a contract between
Whatcom County and Ferndale Community Services to operate a severe weather
shelter, in the amount of $75,450
Frazey 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
10. AB2023 -560 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and City of Bellingham for mental health support staff
embedded at the Bellingham Central Library, in an annual amount not to exceed
$110,000
Frazey reported for the Finance and Administrative Services Committee and
moved that the Interlocal be AUTHORIZED. The motion carried by the
following vote:
Aye: 5 - Buchanan, Donovan, Frazey, Galloway, and Kershner
Nay: 2 - Byrd, and Elenbaas
(From Council Public Works and Health Committee)
11. Al 2023�_5558 Resolution in the matter of considering vacating a portion of Camp 2 Road
Frazey reported for the Public Works and Health Committee and moved
that the Resolution be APPROVED.
Elenbaas asked whether this resolution is not for the actual vacation but is
authorizing staff to put it together and to have a public hearing, and whether
it is not something the Public Works director can do.
Frazey's motion that the Resolution be APPROVED carried by the following
vote:
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Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Enactment No: RES 2023-022
12. AB2023-559 Resolution in the matter of considering vacating a portion of County Road and an
unnamed alley within the Amended Plat of South Wickersham
Frazey reported for the Public Works and Health 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 2023-023
(From Council Committee of the Whole)
13. f 1.3202.:�-5_29 Discussion and approval of a joint Council/Executive letter to the Port of Bellingham
regarding broadband investments
Buchanan reported for the Committee of the Whole and moved that the
SUBSTITUTE letter (as amended in committee) be APPROVED.
Frazey reviewed the amendment that was approved in committee and
Councilmembers discussed the item with the following people:
• Tyler Schroeder, Executive's Office
• Satpal Sidhu, County Executive
They discussed the motion, that the letter states they are still requesting that
this be a matching fund, whether they should look at a different internet
provider or type (such as Starlink), putting this money in a fund that is
need -based instead to get internet to those who need it, that this should be
the responsibility of the Federal Government, whether the money should be
tied to State funding, the Executive's support of the letter, whether the
letter is asking the Economic Development Investment (EDI) Board to look
at this issue and bet back to the Council with a recommendation, and
transferring the commitment of funds from American Rescue Plan Act
(ARPA) to EDI.
Buchanan's motion that the SUBSTITUTE letter be APPROVED carried by
the following vote:
Aye: 5 - Buchanan, Donovan, Frazey, Galloway, and Kershner
Nay: 2 - Byrd, and Elenbaas
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Substitute Letter Approved as amended in Committee of the Whole.
COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. 113.2 2 524 Appointment to fill a vacancy on the Solid Waste Advisory Committee, waste
recycling industry representative, Applicant: William McCarter
Byrd moved and Buchanan seconded that the Council Appointment
Requiring Introduction be APPOINTED by acclamation.
Elenbaas asked whether the applicant was in attendance but he was not.
Byrd's motion that the Council Appointment Requiring Introduction be
APPOINTED carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
There were no agenda items added by revision.
INTRODUCTION ITEMS
Galloway moved to introduce items one and three through eleven (Item
number two was considered separately below). The motion was seconded by
Kershner (see votes on individual items below).
1. AB2023-532 Appointment to a vacancy on Drainage District #3, Commissioner Position 1,
Applicant: Dave Blok
Galloway moved and Kershner seconded that the Council Appointment
Requiring Introduction be INTRODUCED. The motion carried by the
following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
2. A132€.32 'y48 Ordinance amending WCC 2.145, Lummi Island Ferry Advisory Committee
This item was considered separately (see below).
3. AB2023-555 Ordinance amending Whatcom County Code Sections 1.08.090 and 1.08.170 to
reflect amended Charter language related to signature requirements for initiatives
Galloway moved and Kershner seconded that the Ordinance be
INTRODUCED. The motion carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
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Nay: 1 - Elenbaas
4. A-B-20,231 161 Resolution to sell county tax title property by negotiation
Galloway moved and Kershner seconded that the Resolution Requiring a
Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
5. 2023-585 Ordinance amending the 2023 Whatcom County Budget, request no. 13, in the
amount of $12,557,496 (supplemental amended to $12,473,352)
Galloway moved and Kershner seconded that the Ordinance be
INTRODUCED. The motion carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
6. A B2023.5 71, Ordinance establishing Paul Davis honorary signs on Lummi Island
Galloway moved and Kershner seconded that the Ordinance Requiring a
Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: I - Elenbaas
7. A112023.5 7,1 Resolution approving the Whatcom County Six -year Transportation Improvement
Plan for the years 2024-2029
Galloway moved and Kershner seconded that the Resolution Requiring a
Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
8. AB2023 5 73 Resolution to sell county tax title property by negotiation
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Galloway moved and Kershner seconded that the Resolution Requiring a
Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
9. A,11 -0 y3__ ,bE- Resolution to sell tax title property by public auction
Galloway moved and Kershner seconded that the Resolution Requiring a
Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
10. lit 1 02_ 589 Resolution to sell tax title property by public auction
Galloway moved and Kershner seconded that the Resolution Requiring a
Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
11. AB2025.,_� 91 Resolution amending the Flood Control Zone District & Subzones 2023 budget,
request no. 2, in the amount of $655,792
Galloway moved and Kershner seconded that the Resolution (FCZDBS) be
INTRODUCED. The motion carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 - Elenbaas
INTRODUCTION ITEM CONSIDERED SEPARATELY
2. A1113 023 _5 d 8- Ordinance amending WCC 2.145, Lummi Island Ferry Advisory Committee
Donovan moved and Kershner seconded that the Ordinance be
INTRODUCED.
Galloway stated there were three amendments that were recommended
during the Public Works and Health Committee.
Councilmembers and Council staff discussed whether they can introduce
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the ordinance with the proposed amendments, and putting the item back in
committee.
Donovan withdrew his motion and stated there is a lot of work they did not
get to, including how the Lummi representative would be designated and
how the incorporated versus unincorporated off -island people would be
designated.
Buchanan asked whether Donovan would like to remove it from
Introduction and put it in committee and Donovan stated he would.
Buchanan moved and Byrd seconded to remove this from introduction and
put it back in Committee of the Whole in two weeks.
Councilmembers discussed the motion.
Buchanan's motion that the Ordinance be WITHDRAWN from Introduction
and the discussion REFERRED to Committee of the Whole carried by the
following vote:
Aye: 5 - Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 2 - Elenbaas, and Galloway
Motion approved 5-2, with Byrd and Elenbaas opposed, to remove this from introduction and put the related
discussion item (AB2023-479) back in committee (Committee of the Whole) in two weeks.
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Dana Brown -Davis, Clerk of the Council, spoke about Council Office and
County budget suggestions submitted for 2024 (AB2023-569 which did not
get discussed in the Committee of the Whole today because of time) and
referenced the proposals submitted by a councilmember as of September 7
(on file).
Brown -Davis, Councilmembers and Tyler Schroeder, Executive's Office,
discussed how and when they should discuss this item and that the
Administration will give them a couple extra days. They will discuss it on
September 26.
Brown -Davis stated she is going to add another item for the Council Office
having to do with the Board for Equalization.
Councilmembers gave Committee reports and other updates.
ADJOURN
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The meeting adjourned at 8:34 p.m.
The County Council approved these minutes on September 26, 2023.
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WHATCOM COUNTY, WA
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Dina Brovyn av�,ucil Clerk a $J chanan, Council Chair
Kristi Felbinger, Minutes Transcription
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