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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 Wdatcons County Page ] Printed on 912712023 Council Minutes - Final September 12, 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 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 Wltatcom County Page 2 Printed on 912712023 Council Minutes - Final September 12, 2023 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 mkatcom County Page 3 Printed on 912712023 Council Minutes - Final September 12, 2023 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 {f'hatcont County Page 4 Printed on 912712023 Council Minutes - Final September 12, 2023 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 Whatcom County Page 5 Printed on 912712023 Council Minutes - Final September 12, 2023 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 Whatcom County Page 6 Printed on 912712023 Council Minutes - Final September 12, 2023 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 Whatcom County Page 7 Printed on 9/27/2023 Council Minutes - Final September 12, 2023 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 N4aateone County Page 8 Printed on 912712023 Council Minutes - Final September 12, 2023 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 Whatcom County Page 9 Printed on 912712023 Council Minutes - Final September 12, 2023 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. Whatcom County Page 10 Printed on 912712023 Council Minutes - Final September 12, 2023 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 Whatcom County Page 11 Printed on 9/27/2023 Council Minutes - Final September 12, 2023 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. Whatcom County Page 12 Printed on 912712023 Council Minutes - Final September 12, 2023 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 Whatcom County Page 13 Printed on 9/27/2023 Council Minutes - Final September 12, 2023 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: WI'tntcom County Page 14 Printed on 912712023 Council Minutes - Final September 12, 2023 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 wratcona County Page 15 Printed on 912712023 Council Minutes - Final September 12, 2023 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 Whalcom County Page 16 Printed on 912712023 Council Minutes - Final September 12, 2023 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 Whatcom County Page 17 Printed on 9/27/2023 Council Minutes - Final September 12, 2023 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 Witatcom County Page 18 Printed on 912712023 Council Minutes - Final September 12, 2023 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 "Utcom County Page 19 Printed on 912712023 Council Minutes - Final September 12, 2023 The meeting adjourned at 8:34 p.m. The County Council approved these minutes on September 26, 2023. ATTEST`��`�' I� ;. � /�'a WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA C{ Dina Brovyn av�,ucil Clerk a $J chanan, Council Chair Kristi Felbinger, Minutes Transcription Whatcom County Page 20 Printed on 912712023