HomeMy WebLinkAboutCouncil Sep 26 2023COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Minutes - Final
Tuesday, September 26, 2023
6 PM
Hybrid Meeting
14YBRID MEETING (PARTICIPATE IN -PERSON, SEE REMOTE JOIN
INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil, OR CALL
360.778.5010); AGENDA REVISED 9.25.2023 and 9.26.2023
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 26, 2023
Council Chair Barry Buchanan called the meeting to order at 6:03 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
There was no report.
MINUTES CONSENT
Byrd moved to accept the minutes consent items. The motion was seconded
by Frazey (see votes on individual items below).
1. MIN2023-062 Committee of the Whole for September 12, 2023
Byrd moved and Frazey 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. MIN2023-063 Regular County Council for September 12, 2023
Byrd moved and Frazey 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. MIN2023-064 Water Work Session for September 19, 2023
Byrd moved and Frazey 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
Whatcom County Page 1 Printed on 1011112023
Council Minutes - Final September 26, 2023
L. AB2023-571 Ordinance establishing Paul Davis honorary signs on Lummi Island
Roland Middleton, Public Works Department, stated he was available for
questions.
Buchanan opened the Public Hearing and the following people spoke:
® Mary Ross
® Jesse Powell
Hearing no one else, Buchanan 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
waml
Enactment No: ORD 2023-054
2. A132023-574 Resolution approving the Whatcom County Six -year Transportation Improvement
Plan for the years 2024-2029
Doug Ranney, Public Works Department, stated he was available for
questions.
Buchanan opened the Public Hearing and the following people spoke:
® Gary Malick
® Christopher Deile
Hearing no one else, Buchanan closed the Public Hearing.
Kershner moved and Byrd seconded that the Resolution Requiring a Public
Hearing be APPROVED.
Ranney answered whether the $3.8 million of local funds committed in
2028 for the Marine Drive Phase 11, Alderwood Ave to Bridge No. 172
project (R16) is a hard commitment, and whether construction of other
projects is being delayed because of the issue of tire dust impacting
drainage or just this one. He stated they will be dealing with the tire dust
issue with any projects that create new pollution -generating impervious
surfaces.
Kershner's motion that the Resolution Requiring a Public Hearing be
APPROVED carried by the following vote:
91tatcons County Page 2 Printed on 1011112023
Council Minutes - Final September 26, 2023
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Enactment No: RES 2023-024
Buchanan read an announcement about the prohibition of the use of public
facilities to support or oppose candidates or ballot measures.
The following people spoke:
® Natalie Chavez
® Christopher Deile
® Cliff Langley
® Lyle Sorenson
® Lindy (last name not given)
Hearing no one else, Buchanan closed the Open Session.
(From Council Finance and Administrative Services Committee)
Kershner reported for the Finance and Administrative Services Committee
and moved to approve Consent Agenda items one and two, and four through
twenty-six. She stated she would like to consider item three (AB2023-594)
separately.
Elenbaas stated he would also like to consider items two (AB2023-587),
eight (AB2023-601), and sixteen (AB2023-614) separately.
Councilmembers voted on items one, four through seven, nine through
fifteen, and seventeen through twenty-six (see votes on individual items
below).
1. AB2023-551 Request authorization for the County Executive to sign the "Government Entity
Release of All Claims" related to the settlement agreement between Altria and the
settling government entity plaintiffs in the JUUL e-cigarette multi -district litigation
(MDL)
Kershner 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
W&atcom County Page 3 Printed on 10/1112023
Council Minutes - Final September 26, 2023
2. AB2023-587 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Blaine School District to provide funding for a
Behavioral Health Coach staff position, in the amount of $315,000
This item was considered separately below.
3. AB2023-594 Request authorization for the County Executive to enter into an interlocal agreement
amendment between Whatcom County and Washington State Department of Health
to deliver various public health services in the amount of $1,893,352 for a total
amended contract amount of $14,071,769
This item was considered separately below.
4. 22023-595 Request authorization for the County Executive to enter into an agreement between
Whatcom County and Sanitary Service Company to lease the Cedarville and Birch
Bay Transfer Stations, in the amount of $6,997
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
5. AB2023-598 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County, the seven cities, and the Whatcom Council of
Governments concerning cost sharing associated with the 2025 Comprehensive Plan
update and Urban Growth Area review, in the amount of $600,000
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
RUM
6. AB2023- 599 Request authorization for County Executive to enter into an interlocal agreement
amendment with Whatcom County Fire District 7 to increase the compensation for
Community Paramedic Services in the amount of $37,664 for a total amended
amount of $941,716
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:
Whatcom County Page 4 Printed on 1011112023
Council Minutes - Final September 26, 2023
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
7. AB2023-600 Request authorization for the County Executive to enter into a contract between
Whatcom County and Whatcom Family & Community Network to deliver youth
prevention programs, in the amount of $185,000
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
8. AB2023-601 Request authorization for the County Executive to enter into a contract between
Whatcom County and Opportunity Council to provide pass through funding for direct
public services to low- and moderate -income persons in Whatcom, Island, and San
Juan Counties in the amount of $134,000
This item was considered separately below.
9. AB2023-602 Request authorization for the County Executive to enter into a contract between
Whatcom County and the Washington State Department of Commerce to help cover
a portion of the Victim/Witness Coordinator position salary and benefits in an amount
not to exceed $60,461.00
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
10. AB2023-603 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and City of Bellingham for the removal of solid and
hazardous waste related to encampments and illegal dump sites, in the amount of
$150,000
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
11. AB2023-604 Request authorization for the County Executive to enter into a contract between
Whatcom County Page 5 Printed on 10/1112023
Council Minutes - Final September 26, 2023
Whatcom County and the United States Department of Interior, U.S. Geological
Survey (USGS) to jointly fund stream gaging stations in the Nooksack River, in the
amount of $117,217 (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
12. AB2023-606 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 the Nurse Family Partnership Program, in the amount of $378,495.59
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
May: 0
13. AB2023-607 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Health Care Authority for
expansion of the LEAD Program, in the amount of $1,175,834
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
14. AB2023-608 Request approval for the County Executive to authorize the purchase of six (6)
servers, using the Washington State Contract #05815, from CDW-G, in an amount
not to exceed $81,382.40
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
15. AB2023-611 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Whatcom Fire District No. 5 for fire protection
Whatcom County Page 6 Printed on 10/1112023
Council Minutes - Final September 26, 2023
services on park properties in the annual amount of $283.18
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
16. AB2023-614 Request authorization for the County Executive to enter into an Interlocal agreement
between Whatcom County and Mount Baker School District to provide funding for
professional mental health services, in the amount of $285,000
This item was considered separately below.
17. AB2023-617 Request approval for the County Executive to award RFP #23-52, and authorization
to enter into a 36-month lease with Global Lease Group for leasing four vehicles for
the Sheriff's Office, in the amount of $195,423.55
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
18. AB2023-618. Request authorization for the County Executive to enter into a contract between
Whatcom County and West Publishing - Thomson Reuters to provide a subscription
agreement for an online database for legal research in the amount of $212,244.10
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
19. AB2023-619 Request authorization for the County Executive to enter into a contract between
Whatcom County and Whatcom Long Term Recovery Group in the amount of
$527,888 to support the County's efforts following the November 2021 flood event
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
w1alcom county Page 7 Printed on 1011112023
Council Minutes - Final September 26, 2023
20. AB2023-620 Request authorization for the County Executive to enter into a contract between
Whatcom County and Whatcom Long Term Recovery Group in the amount of
$1,332,000 to support the County's efforts to aid those impacted by the November
2021 flood event
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
0M
21. AB2023-625 Request authorization for the County Executive to enter into a contract between
Whatcom County and the Administrative Office of the Courts in the amount of
$191,377
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
22. AB2023-626 Request authorization for County Executive to enter into an interlocal agreement
between Whatcom County and Bellingham Fire Department for additional Medic 75
implementation costs in the amount of $262,806.22
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
23. AB2023-627 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Bellingham Fire Department for expenses related to
onboarding lateral paramedics in the amount of $138,100.36
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
Whatcom Couuay page 8 Printed on 1011112023
Council Minutes - Final September 26, 2023
24. AB2023-629 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Lynden Fire Department for Medic 75
implementation costs in the amount of $12,720.36
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
25. AB2023-631 Request authorization for the County Executive to enter into an interlocal amendment
between Whatcom County and Fire Protection District #5 to add the 2023 basic life
support allocation in the amount of $23,880.48 for a total compensation of
$85,635.87
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. AB2023-633 Request authorization for the County Executive to enter into an interlocal amendment
between the Fire Departments and Fire Agencies to extend the term and add the
2023 QilvCatloii for BUsic Support CCS n the amount 3f $1,476,i i9.52 ivr a1 ,ii0 i
total compensation of $7,427,409.07
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
CONSENT AGENDA ITEMS CONSIDERED SEPARATELY
2. AE2023-587 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Blaine School District to provide funding for a
Behavioral Health Coach staff position, in the amount of $315,000
Kershner reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED.
Elenbaas asked what the difference is between the behavioral health coach
in the Blaine School District (in this agenda item) and the professional
mental health services (in Consent Agenda item sixteen) for the Mount
Whatcom County Page 9 Printed on 1011112023
Council Minutes - Final September 26, 2023
Baker School District, and whether that is different than a school counselor.
He stated his concern is with children getting mental health services at
school where their parents may not be included. The Blaine Interlocal's
scope of work does not allude to parents being included in the loop.
Kershner gave some background on the positions and the funding.
Tyler Schroeder, Director of Administrative Services, stated Blaine's
position is more of a general behavioral health coach to help teachers
respond to behavioral health needs, and the other is for assessments
specifically for the students and parents.
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
3. AB2023-594 Request authorization for the County Executive to enter into an Interlocal agreement
amendment between Whatcom County and Washington State Department of Health
to deliver various public health services in the amount of $1,893,352 for a total
amended contract amount of $14,071,769
Kershner° reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED.
Tyler Schroeder, Director of Administrative Services, answered whether
some of the total amended contract amount of $14,071,769 has already
been paid for, and whether the money for this item is coming from the State
through a grant process. He stated it is coming through a grant process and
is specifically for these public health purposes.
Elenbaas spoke about what the money is going toward and that it is probably
going toward things that people have been asking to make sure we are doing.
Schroeder answered whether the County could decline taking the grant from
the State and what that would look like.
Kershner's motion that the Interlocal be AUTHORIZED carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
8. B2023-601 Request authorization for the County Executive to enter into a contract between
Whatcom County and Opportunity Council to provide pass through funding for direct
WGnteo`n County Pnge 10 Printed on 1011112023
Council Minutes - Final September 26, 2023
public services to low- and moderate -income persons in Whatcom, Island, and San
Juan Counties in the amount of $134,000
Kershner reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED.
Tyler Schroeder, Director of Administrative Services, answered why
Whatcom County is the pass -through county, what kind of services we are
offering to low- and moderate -income persons, and whether it is one person
traveling between the counties to provide the services.
Kershner's motion that the Contract be AUTHORIZED carried by the
following vote:
Aye: 5 - Buchanan, Donovan, Frazey, Galloway, and Kershner
Nay: 2 - Byrd, and Elenbaas
16. AB2023-614 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Mount Baker School District to provide funding for
professional mental health services, in the amount of $285,000
Kershner reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED.
Elenbaas pointed out the second and third items under Section A and the
third item under Section B of the Statement of Work and stated he likes the
scope of work.
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
OTHER ITEMS
(From Council Finance and Administrative Services Committee)
1. 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
Kershner reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED.
Councilmembers and staff discussed how the ordinance was scheduled, its
purpose, and why it took until now to bring it forward.
Whatcom County Page 11 Printed on 10/1112023
Council Minutes - Final September 26, 2023
Dana Brown -Davis, Clerk of the Council, stated it was an oversight.
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 2023-055
2. AB2023 -585 Ordinance amending the 2023 Whatcom County Budget, request no. 13, in the
amount of $12,557,496 (supplemental amended to $12,473,352)
Kershner reported for the Finance and Administrative Services Committee
and moved that the SUBSTITUTE Ordinance be ADOPTED.
Tyler Schroeder, Director of Administrative Services, answered questions
about what the Executive expenditure of $ 2,380,758 is for and where that
money is coming from.
Kershner's motion that the SUBSTITUTE Ordinance be ADOPTED carried
by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
jr t
Enactment No: ORD 2023-056
3. AB2023-591 Resolution amending the Flood Control Zone District & Subzones 2023 budget,
request no. 2, in the amount of $655,792
Kershner reported for the Finance and Administrative Services Committee
and moved that the Resolution (FCZDBS) be APPROVED.
Kershner stated this is grant funding from the Department of Ecology
(DOE) to help us fund the Floodplain Integrated Planning (FLIP) process
through the Public Works Department and to help find solutions to the
Nooksack river flooding issue.
Kershner's motion that the Resolution (FCZDBS) be APPROVED carried by
the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
RMI
Enactment No: RES 2023-025
(From Council Criminal Justice and Public Safety Committee)
Whatcom County Page 12 Printed on 10/1112023
Council Minutes - Final September 26, 2023
4. AB2023-561 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
Buchanan reported for the Criminal Justice and Public Safety Committee
and moved to add the Bellingham Police Chief and the Fire Chief chosen
from the Whatcom County Fire Chief s Association as ex-officio positions
(along with the Bellingham Fire Chief).
Councilmembers and staff discussed the process for amending and
approving the interlocal agreement.
Buchanan's motion to amend carried by the following vote:
Aye: 7 - Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and
Donovan
Nay: o
Buchanan reported for the Criminal Justice and Public Safety Committee
and moved that we add an alternative response member to the makeup of the
board in a non -voting position.
Councilmembers discussed the motion.
The motion carried by the following vote:
Aye: 7 - Frazey, Galloway, Kershner, Buchanan, Byrd, Donovan, and
Elenbaas
Nay: 0
Tyler Schroeder, Director of Administrative Services, stated the
Administration would send the interlocal agreement with amendments made
tonight directly to the City of Bellingham Administration and he spoke
about having a dialogue about it at the upcoming What -Comm board
meeting.
Councilmembers discussed who should represent the County Council on
the Administrative Board.
Donovan moved to send the Interlocal to the City of Bellingham as
amended.
Councilmembers discussed what the motion should be.
Whatcom County Page 13 Printed on 1011112023
Council Minutes - Final September 26, 2023
Donovan withdrew his motion.
Byrd moved and Donovan seconded that the Interlocal be AUTHORIZED AS
AMENDED and returned to the City of Bellingham for review. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Motion approved 7-0 to add the Bellingham Police Chief and the Fire Chief chosen from the Whatcom County Fire
Chiefs Association as ex-officio positions (along with the Bellingham Fire Chief).
Motion approved 7-0 that they amend to add an alternative response member to the makeup of the board in a
non -voting position.
(From Council Committee of the Whole)
5. AB2023µ636 Discussion and approval of a letter to Senator Cantwell, Senator Murray, and Rep.
Larson regarding the FEMA Hazard Mitigation Grant Program (HMGP)
Kershner moved and Frazey seconded that the Request for Motion be
APPROVED.
Councilmembers discussed whether this is what is going to be impacted if
the Federal Government shuts down on Saturday, and that it really has more
to do with putting our emergency on the back burner because of other
pressing disasters that have occurred.
Jed Holmes, Administrative Services Community Outreach Facilitator,
answered whether a continuing resolution would help and stated that a
continuing resolution may include FEMA money if that is agreed upon, but
until we get a budget, that FEMA money will not be going anywhere.
Galloway stated if the government shuts down, we will not get any FEMA
money because they will stop all disbursement, so she wonders how timely
this letter will be four days out from a government shutdown. It would be
nice to get an update on how the county will be impacted by a shutdown.
Kershner's motion that the Request for Motion be APPROVED carried by
the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
1. AB2023-532 Appointment to a vacancy on Drainage District #3, Commissioner Position 1,
Whatcom County page 14 Printed on 1011112023
Council Minutes - Final September 26, 2023
Applicant: Dave Blok
Kershner moved and Elenbaas seconded that the Council Appointment
Requiring Introduction be APPOINTED.
Elenbaas asked if the applicant was present but he was not.
Kershner'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
CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS,
COMMISSIONS, AND COMMITTEES
1. AB2023-616, Request confirmation of the County Executive's appointment of Tera Lorimer to the
Lodging Tax Advisory Committee
Donovan moved and Kershner seconded that the Executive Appointment be
CONFIRMED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
ITEMS ADDED BY REVISION
Clerk's note: AB2023-640 and AB2023-646 were also added to Introduction.
1. AB2023-644 Approval of letter related to the Conservation Reserve Enhancement Program
(CREP)
Frazey moved and Kershner seconded that the revised Letter be
APPROVED.
Donovan briefed the Councilmembers on a revision he made to the letter
after the committee discussion today to remove the request to change the
deadline, and Councilmembers discussed to whom the letter should be
addressed and what changes should be made to the letter before sending it.
Changes included:
• Adding language about fully funding to keep these payments and
contracts in place
• Adding language: "promote carbon sequestration"
• Adding language about climate resilience
• Adding language about restoring or maintaining trust
w1atcom County Page 15 Printed on 10/1112023
Council Minutes - Final September 26, 2023
Frazey's motion that the letter be APPROVED AS AMENDED carried by
the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
2. AB2023-645 Ordinance imposing an emergency interim moratorium on the acceptance and
processing of applications and permits for new uses in areas zoned heavy impact
industrial within a City's designated urban growth area
Councilmembers looked at the map (on file) to help understand the
ordinance. Donovan stated the areas zoned Heavy Impact Industrial (HII)
border residential and single-family housing areas. The ask is to take a time
out on any processing of permits in those HII areas to allow them to answer
questions about what can be going in these basically residential
neighborhoods as heavy industry as outright permitted uses.
Buchanan moved and Frazey seconded that the EMERGENCY Ordinance
Requiring a Public Hearing be ADOPTED.
The following people discussed the ordinance with Councilmembers:
® Satpal Sidhu, County Executive
® Karen Frakes, Prosecuting Attorney's Office
Councilmembers and the speakers discussed what areas of the county this
ordinance would impact, whether there are any businesses which are
currently operating heavy industry in this area and whether those would be
affected, whether the zoning is appropriate in light of the nearby airport and
flight patterns, having a discussion with the Port of Bellingham who just
purchased property in that area, whether this ordinance meets the criteria
for an emergency ordinance, the fact that an emergency ordinance requires
a public hearing within sixty days, the allowed uses in these areas, the intent
of the Urban Fringe Plan to leave this as Heavy Industrial because of the
existing industries, the existence of empty lots here that would mean the
possibility of extending it beyond the anticipated allowance of the existing
heavy industry, whether the ordinance outlines what is presenting the
emergent situation, why they would not just follow the normal ordinance
process, that fact that it is the State provision that allows them to adopt
moratoriums and not that the ordinance is an emergency ordinance that
requires the Council to hold a public hearing, whether this should have been
taken up years ago when the City and County were issuing residential
permits so close to industry, and the fact that this is not a "stop" but a
G6pause."
Whatcom County Page 16 Printed on 10/1112023
Council Minutes - Final September 26, 2023
Buchanan's motion that the Emergency Ordinance be ADOPTED failed by
the following vote:
Aye: 4 - Buchanan, Donovan, Frazey, and Galloway
Nay: 3 - Byrd, Elenbaas, and Kershner
INTRODUCTION ITEMS
Elenbaas moved to introduce items one through five.
Dana Brown -Davis, Clerk of the Council, stated that item number one is a
substitute.
The motion was seconded by Donovan (see votes on individual items below
and see discussion and votes on the items considered separately after that).
1. AB2023-548 Ordinance amending WCC 2.145, Lummi Island Ferry Advisory Committee
Elenbaas moved and Donovan seconded that the SUBSTITUTE Ordinance be
INTRODUCED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Enactment No: ORD 2023-057
2. AB2023-622 Resolution to sell tax title property by public auction (Sudden Valley Division No. 22)
Elenbaas moved and Donovan seconded that the Resolution Requiring a
Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
3. AB2023-623 Resolution to sell tax title property by public auction (Sudden Valley Division No. 3)
Elenbaas moved and Donovan seconded that the Resolution Requiring a
Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
4. AB2023-624 Resolution to sell tax title property by public auction (Sandy Point Garden Tracts)
Elenbaas moved and Donovan seconded that the Resolution Requiring a
Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion
Whatcont County Page 17 Printed on 1011112023
Council Minutes - Final September 26, 2023
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
5. A132023-605 Resolution adopting the 2024-2029 Six -Year Water Resources Improvement
Program (WRIP) by the Whatcom County Council (Council acting as the Whatcom
County Flood Control Zone District Board of Supervisors)
Elenbaas moved and Donovan seconded that the Resolution (FCZDBS)
Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING.
The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Enactment No: RES 2023-030
6. A132023640 Ordinance establishing a task force to develop a Whatcom County Forest Resilience
Plan
Enactment No: ORD 2023-058
Items six and seven were considered separately below.
7. la B2023-646 Ordinance imposing an interim moratorium on the acceptance and processing of
applications and permits for new uses in areas zoned heavy impact industrial within a
city's designated urban growth area
Items six and seven were considered separately below.
Donovan moved and Frazey seconded to introduce Introduction items six
and seven (A.B2023-640 and AB2023-646).
Councilmembers discussed the agenda items. They discussed item six and
whether it has been discussed by the related advisory committees and
groups, having it scheduled for further discussion in committee, whether
the advisory committees will have time to form recommendations as a body
in two weeks, and what the Council's processes are for giving and getting
direction from advisory committees and stakeholders.
6. A132023-6 0 Ordinance establishing a task force to develop a Whatcom County Forest Resilience
Plan
Donovan moved and Frazey seconded that the SUBSTITUTE Ordinance be
INTRODUCED. The motion carried by the following vote:
Whatcom County Page 18 Printed on 10/1112023
Council Minutes - Final September 26, 2023
Aye: 4 - Buchanan, Donovan, Frazey, and Galloway
Nay: 3 - Byrd, Elenbaas, and Kershner
7. AB2023-646 Ordinance imposing an interim moratorium on the acceptance and processing of
applications and permits for new uses in areas zoned heavy impact industrial within a
city's designated urban growth area
Donovan moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried
by the following vote:
Aye: 4 - Buchanan, Donovan, Frazey, and Galloway
Nay: 3 - Byrd, Elenbaas, and Kershner
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Buchanan stated they did not get to the discussion in Committee of the
Whole about councilmember proposed mid -biennium modifications to the
2023-2024 Whatcom County Budget (AB2023-569) and there are time
constraints on that issue.
Dana Brown -Davis, Clerk of the Council, stated she needs to know where
the Council stands on the idea of having a full or part-time legislative aid
per councilmember and what those aids would do, and she would like to
discuss getting extra help for the Board of Equalization (BOE).
Councilmembers discussed the idea of having legislative aids, what they
might do, how many FTE positions it might be, who they would work for,
and whether they could revisit the intern program as opposed to having
regular staff.
Byrd moved to add funding to the budget for one aid for each
councilmember who chooses one (full or part time).
Councilmembers discussed the motion, whether Councilmembers should
be full- or part-time, whether aids should be shared or assigned to each
Councilmember, whether all Councilmembers should have equal support,
and who aids would report to.
Byrd restated and amended his motion to increase the budget to have a
full-time aid that reports directly to each councilmember. The motion was
seconded by Elenbaas.
Whatcom County Page 19 Printed on 10/1112023
Council Minutes - Final September 26, 2023
Elenbaas requested that Byrd bifurcate his motion so that they could
consider each of them having an aid separately from whether they are
full-time or not so they can discuss whether they each need an aid and then
what kind of workload the aids would have.
Byrd amended his motion and moved that each councilmember gets a
dedicated aid that reports directly to them. The motion was seconded by
Elenbaas.
Satpal Sidhu, County Executive, answered whether there was a way that each
Councilmember could have a stipend so they could hire their own aid and
return what money they do not use back to the budget.
Councilmembers and staff discussed an option of putting funds in the
budget for "extra help" which would be limited to 69 hours or less per
month per Councilmember, having one or two employees who are shared
amongst the Councilmembers, how it would come across to other staff in
the County if the Councilmembers added seven more staff members,
evaluating the County's current government structure and how
Councilmembers work as the Legislative branch, the option of doing a
lesser FTE for all seven Councilmembers, how the hiring would work, and
where the aids would work.
Brown -Davis stated she could speak again with Human Resources and get
some different options the Councilmembers can look at.
Councilmembers discussed whether they should withdraw the motion and
just look into the options first.
Byrd's motion failed by the following vote:
Aye: 3 - Byrd, Elenbaas, and Galloway
Nay: 1 - Donovan
Abstain: 2 -Buchanan and Frazey
Out of the Meeting: 1 - Kershner
Donovan moved to direct staff to explore all options for Councilmember
staff.. The motion was seconded by Elenbaas.
The motion carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway
Tay: 0
Out of the Meeting: 1 - Kershner
W tatcom County Page 20 Printed on 10QI/2023
Council Minutes - Final September 26, 2023
Councilmembers gave Committee reports and gave other updates.
Buchanan reported for Committee of the Whole and moved to fund Pacific
Northwest Plateful for $115,000 out of American Rescue Plan Act (ARPA)
funds in the Food Security section.
The motion carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway
Nay: 0
Out of the Meeting: 1 - Kershner
Buchanan reported for Committee of the Whole and moved to hold the
motion to add $350,000 for the Christian Health Care Center for an
emergency Information Technology and communication system update to
the funding list.
The motion carried by the following vote:
Aye: 6 - Byrd, Donovan, Elenbaas, Frazey, Galloway, and Buchanan
Nay: 0
Out of the Meeting: 1 - Kershner
Buchanan reported for Committee of the Whole and moved to hold the
motion to include Mt. Baker School District's request for $150,000 in
APVA luAtdlllg until the IVIL. Baker School District can come to present on
their proposal.
The motion carried by the following vote:
Aye: 6 - Donovan, Elenbaas, Frazey, Galloway, Buchanan, and Byrd
Nay: 0
Out of the Meeting: 1 - Kershner
Buchanan reported for Committee of the Whole and moved to fund the
East Whatcom Regional Center for $150,000 to upgrade the kitchen to
commercial standards.
The motion carried by the following vote:
Aye: 6 - Elenbaas, Frazey, Galloway, Buchanan, Byrd, and Donovan
Nay: 0
Out of the Meeting: 1 - Kershner
Brown -Davis stated she would like to revisit the budget discussion and
stated she would like to propose an additional $50,000 in the budget for
extra help for the Board of Equalization.
Whatcont County Page 21 Printed on 10/1112023
Council Minutes - Final September 26, 2023
Galloway moved to support extra help for the Board of Equalization at
$50,000. The motion was seconded by Donovan.
The motion carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway
Nay: 0
Out of the Meeting: 1 - Kershner
Councilmembers continued updates.
Motion approved 6-0-1, with Kershner out of the room, to direct staff to explore all options for Councilmember staff.
Motion approved 6-0-1, with Kershner out of the room, to fund Pacific Northwest Plateful for $115,000 out of
American Rescue Plan Act (ARPA) funds in the Food Security section.
Motion approved 6-0-1, with Kershner out of the room, to hold the motion to add $350,000 for Christian Health
Care Center for an emergency Information Technology and communication situation to the funding list.
Motion approved 6-0-1, with Kershner out of the room, to hold the motion to include Mt. Baker School District's
request for $150,000 in ARPA funding until the Mt. Baker School District can come to present on their proposal.
Motion approved 6-0-1, with Kershner out of the room, to fund the East Whatcom Regional Center for $150,000 to
upgrade the kitchen to commercial standards.
Motion approved 6-0-1, with Kershner out of the room, to support extra help for the Board of Equalization at
$50,000.
The meeting adjourned at 9:58 p.m.
The County Council approved these minutes on Octoberl0, 2023.
AT TE i ;s€i� ,; 1g1"
°` ) U
' WHATCOM COUNTY COUNCIL
S d q G
c C.i,19@� WHATCOM COUNTY WA
m
o _
5
Dana Brown° a'V Wuncil Clerk BarryVan, Council Chair
Kristi Felbinger, Minutes Transcription
Whatcom County Page 22 Printed on 1011112023