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HomeMy WebLinkAboutPacket Special Council Sep 5 2023Whatcom County Council (Special) COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Meeting Agenda Tuesday, September 5, 2023 10 AM Hybrid Meeting HYBRID MEETING (PARTICIPATE IN -PERSON, SEE REMOTE JOIN INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010) 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 (Special) Meeting Agenda September 5, 2023 Call To Order Roll Call Announcements Individuals who require special assistance to participate in the Council's meetings are asked to contact the Council Office at 360.778.5010 at least 96 hours in advance. This committee meeting is also noticed as a meeting of the Whatcom County Council, with the agenda limited to committee business. Committee Discussion and Possible Action 1. AB2023-563 Discussion of Whatcom County Executive's veto of Ordinance 2023-045, an ordinance amending Whatcom County Code 13.24, Ferry Rates (action may be taken on this item) 2. AB2023-569 Discussion of councilmember proposed mid -biennium modifications to the 2023-2024 Whatcom County Budget (modifications approved by council will be submitted to the Administration per budget instructions) Items Added by Revision Other Business Adjournment Whatcom County Pure 2 Printed on 411412025 File ID: AB2023-563 File Created: 08/28/2023 Department: Assigned to: Council (Special) Agenda Date: 09/05/2023 Whatcom County Agenda Bill Master Report File Number: AB2023-563 Version: 1 Entered by: DBrown@co.whatcom.wa.us File Type: Discussion Primary Contact Email: DBrown@co.whatcom.wa.us TITLE FOR AGENDA ITEM: COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 Status: Discussed and Motion(s) Approved Final Action: 09/05/2023 Enactment #: Discussion of Whatcom County Executive's veto of Ordinance 2023-045, an ordinance amending Whatcom County Code 13.24, Ferry Rates (action may be taken on this item) SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: On July 25, 2023, the County Council adopted Ordinance 2023-045 (an ordinance amending Whatcom County Code 13.24, Ferry Rates). The adopted ordinance was delivered to the Executive's Office for signature and the Executive vetoed the ordinance and returned it to Council with written objections, as required by the following: Excerpt - Whatcom County Charter Section 2.30 Every ordinance which passes the County Council must be presented to the County Executive. If approved by the Executive, the ordinance shall be signed by the Executive and become law as provided in this section. If not approved by the Executive, the entire ordinance shall be vetoed and returned with the Executive's written objections, which shall be entered in the journal of Council proceedings. If, within thirty (30) days after being returned to the Council, the ordinance receives the affirmative vote of two-thirds of the entire Council, it shall become law. If the Executive does not either sign or veto an ordinance within ten (10) days, Saturdays, Sundays and holidays excepted, after presentation of the ordinance by the Council, it shall become law without the Executive's signature. HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: Whatcom County Page 1 Printed on 411412025 Agenda Bill Master Report Continued (AB2023-563) 09/05/2023 Council (Special) DISCUSSED AND MOTION(S) APPROVED Attachments: Recommendation for Lummi Island Engagement, Coburn Letter Whatcom County Page 2 Printed on 4/14/2025 Recommendation for Lummi Island Engagement Plan On August 9, 2023, Executive Sidhu exercised his power of veto per Whatcom County Charter 3.22(f) on Ordinance 2023-045 Amending Chapter 10.34 Ferry Rates, which had been approved by the Whatcom County Council on July 25, 2023, with a 5-2 vote. One of the objections provided was that the Lummi Island Ferry Advisory Committee (LIFAC) was unable to convene to allow for additional public input and provide a final recommendation to the County Executive and Council on the code changes proposed in the Ordinance. It is important to acknowledge and take responsibility for the circumstances that exacerbated feelings of frustration and distrust between Lummi Island residents and Whatcom County government, and work together to remedy. The intent of this memo is to propose an engagement plan that aims to: 1. clarify the roles and responsibilities of the County Council, Executive, Public Works staff, and the new LIFAC, 2. improve policy process, 3. ensure robust community engagement, and 4. restore trust between Lummi Island residents and Whatcom County government. While outcomes cannot be guaranteed, the County can commit to giving additional time to improve the process including provide opportunity for additional community input, address remaining issues, and consider a final recommendation from LIFAC in hopes of restoring trust in relationships and effecting a better outcome. This memo outlines desired objectives and a proposed timeline to provide transparency of what this engagement process could look like. DESIRED OBJECTIVES: Public Works staff, Executive's Office, and designated Councilmember(s) to meet with Lummi Island residents to discuss proposed ordinance revisions sent in June. 2. Council to amend WCC 2.145, Lummi Island Ferry Advisory Committee 3. Council to appoint members to the new LIFAC 4. Executive and Council to allow time and provide resource to support the new LIFAC in the following activities: a. Review WCC 10.34 Ferry Rates and necessary background information from Public Works. b. Facilitate public input and work with members of the public to process feedback. Host at least one public engagement opportunity such as public comment in a committee meeting or a town hall event. c. Ask questions and receive answers from Public Works. d. Provide a written summary of remaining issues / desired amendments and work through them with Public Works staff. e. Provide a final recommendation to the Executive and Council by the end of the year with a presentation to Council in the first meeting of 2024. The Administration and Council may consider engaging a third -party facilitator to ensure the public process is conducted in a timely, civil, and productive manner. PROPOSED TIMELINE: September 5, 2023 — Special Council Meeting to discuss Executive Sidhu's veto of Ordinance 2023-045 Amending Chapter 10.34 Ferry Rates and next steps. September 12, 2023 — Council Public Works & Health Committee policy discussion on Amending WCC 2.145, Lummi Island Ferry Advisory Committee. Introduction of Ordinance amending WCC 2.145, Lummi Island Ferry Advisory Committee. September 26, 2023 — Council action on Ordinance amending WCC 2.145, Lummi Island Ferry Advisory Committee. Announces vacancies and that applications are due October 17t" at 10am. October 10, 2023 — Council introduces receipt of applications for vacancies. October 24, 2023 — Council appoints members to fill vacancies. November 8, 2023 — First meeting of new LIFAC. December 31, 2023 — Deadline to submit LIFAC recommendation to Executive and Council. January 9, 2024 — LIFAC Chair presents to Council. Administration offers new Ordinance Amending Chapter 10.34 Ferry Rates for introduction. January 23, 2024 — Public Hearing and potential Council action on new Ordinance Amending Chapter 10.34 Ferry Rates. February 6, 2024 — Introduction of new Ferry rate schedule. February 20, 2024 — Public Hearing and potential action on new Ferry rate schedule. April 2024 — New rates go into effect 60 days after new Ferry rate schedule is approved. September 5, 2023 Whatcom County Council Office 311 Grand Avenue, suite 105 Bellingham, WA 98225 Dear Council Members and Executive Sidhu, Please consider these points in your Special Meeting discussion on September 5th 1) Being heard is not the same as being agreed with. Members of the self-appointed "working group" have been heard many times over the last eight months. Some of their input was incorporated into LIFAC and Public Works efforts. They will stay dissatisfied unless all their positions are adopted. 2) LIFAC members actually received less communication and attention from Council and the Executive when specifically asking for help. We tried over and over to get support from Council members in our conduct of committee business. Some efforts were made but were minimal compared with the time and attention given to the "working group". 3) You can act on Council's authority to sustain passage of the Ordinance. This will enable Public Works to develop a credible fare recommendation that is modest and responsible. Aspects of the Ordinance and accounting definitions are a centerpiece of the "working group's" demands. Everyone's research has failed to produce the one right answer about how these matters must be handled. This kind of thing can be argued back and forth forever. Moving ahead on the Ordinance will not break any laws or violate any regulatory requirements. 4) You can give the re-formation of LIFAC the support it deserves. This means enough time for a thorough process, resources, staff support, a full spectrum of stakeholder engagement, and personal commitment/involvement from Council. Be clear, the "working group" campaigned to take LIFAC apart and they succeeded. They see themselves as the replacement committee. County responsibilities extend beyond that group's narrow interests. Thank you for your consideration and all your work on these matters. Sincerely, Cris Colburn • Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 • Agenda Bill Master Report File Number: AB2023-569 File ID: AB2023-569 Version: 2 Status: Discussed File Created: 08/29/2023 Entered by: DBrown@co.whatcom.wa.us Department: Council Office File Type: Discussion Assigned to: Council Committee of the Whole Final Action: 09/26/2023 Agenda Date: 09/26/2023 Enactment #: Primary Contact Email: DBrown@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Discussion of councilmember proposed mid -biennium modifications to the 2023-2024 Whatcom County Budget (modifications approved by council will be submitted to the Administration per budget instructions) SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 09/05/2023 Council (Special) DISCUSSED 09/12/2023 Council Committee of the Whole NOT ACTED UPON 09/26/2023 Council Committee of the Whole NOT ACTED UPON Attachments: Proposals Submitted as of September 7, 2023, Email - Proposal from PNW Plateful, Letter from Friends of Birch Bay Library Whatcom County Page 1 Printed on 4/14/2025 PROPOSALS SUBMITTED AS OF SEPTEMBER 7, 2023 Council Office • Additional Council staff capacity - budget authority for 1 FTE per councilmember - $700,000 Community Paramedics • EMS Levy - $750,000 Facilitation • Lake Whatcom Policy Group -expand data and monitoring contract(s), climate vulnerability assessment (ideally a joint request with COB) - $100,000 • Forestry Task Force - scientific studies - $50,000 Food Security • PNW Plateful - $115,000 • Increase dedicated funding to food banks- $500k more per year Child Basic Needs • Funding for diapers, formula, etc for food banks and other partners - $250,000 Other • Birch Bay Library - final capital needs - $300,000 • Mount Baker School District - $150,000 From: Steve Swan Sent: Tuesday, June 6, 2023 1:47:43 PM (UTC-08:00) Pacific Time (US & Canada) To: Council <Council@co.whatcom.wa.us> Subject: Grant Proposal from PNW Plateful Dear Whatcom County Council Members We are writing to you on behalf of the board of directors of a new Whatcom County not -for - profit titled "PNW Plateful." It is our hope that we may be able to partner with you to help some of our most vulnerable neighbors in Whatcom County. The request is attached below. We are asking the Whatcom County Council to provide a multi -year grant to support our mission to nourish the most vulnerable communities in Whatcom County, one plate -full at a time. PNW Plateful quietly plays a critical role in food security for Whatcom County. Our approach is simple and direct --- getting high quality, delicious, and culturally aware pre- packaged food to hungry individuals and families. The current need in Whatcom County is staggering. With the grant we would provide quality food assistance to the three food banks in outer Whatcom County that are the most challenged in meeting the needs of their respective clienteles. As have others, we have identified Foothills, Lummi and Nooksack Valley as the food banks that are working with the most significant scarcity of product and resources. The needs of our neighbors who count on these food banks are heartbreaking, and each of these food banks want our support. Thank you for all you are doing for the people of Whatcom County and for your consideration of this grant proposal. We are contacting each of you individually to request meetings to give you specific details about our organization and our grant request. Respectfully, Stephanie Bowers Steve Swan Sarah Gopaulchan Board Chairperson Board Vice -Chair Executive Director ,r; o .. � I � �- Birch Bay Library Date: August 30, 2023 To: Kaylee Galloway, Whatcom County Council From: Doralee Booth, Director Birch Bay Chamber — County Liaison Dianne Mars -Smith, President, Friends of Birch Bay Library Cc: Christine Perkins, Executive Director, Whatcom County Library System Re: Birch Bay Vogt Library Express Dear Kaylee: Thank you for your interest in finding a way for the Whatcom County Council to support the construction of a valuable community asset in Birch Bay. A County Council commitment of $314,597 for the Birch Bay Vogt Library Express would get us to full funding and we could confidently let residents know that this dream will be realized. As you know, a significant portion of the funding for this project has been secured through the $2 million Washington State Department of Commerce appropriation. Now we are looking to our local community to come up with the balance. Financial support from county government would show Birch Bay residents that the Council is aware of the growing Birch Bay population and is actively working to provide much -needed amenities to this under -served area. Once built, we believe the Birch Bay Vogt Library Express can benefit Whatcom County and our northwest county patrons through creative programs, educational classes, computer supports, and a place for community gatherings. We look forward to speaking with you more about our project. If you have any specific questions for us, please let us know. THE PROJECT RATIONALE Whatcom County Library System (WCLS) conducted a Library Service Area Analysis in 2016 and determined that a public library was long overdue. More than 10,000 people live in Birch Bay, which is one of the fastest growing corners of our county. This popular and growing place to live lacks civic infrastructure. More than 1,800 children live in Birch Bay but there is currently no public school nearby. The community lacks public gathering spaces, access to computer workstations and internet, and library resources such as books, movies, music, or research tools. In 2017, WCLS conducted an online survey and more than 80% of those responding indicated support for a library in Birch Bay. Extensive conversations between the Whatcom County Library System and the Birch Bay community followed that survey and inspired plans to bring vastly expanded library services to this community. Currently, Birch Bay is served only by a Wednesday afternoon, 4-hour, Bookmobile visit. Updated plans for a Birch Bay Vogt Library Express project will deliver on the community -driven need to provide more library services including: • Public gathering space; • Access to computer workstations and internet; • Library resources such as books, movies, music, and research tools; • Programs for youth, adults and seniors • Access to library staff for reference support and reading conversations. Community members prioritized these services and resources during public meetings. With the need determined, WCLS began researching locations. The Vogt family, stalwarts of the community going back many decades, stepped up and made available an historic structure that had been in their family since 1913. While not an outright gift, the house and land were sold to the WCLS at a price well below market for land/structure and 160 feet of shoreline access included in the sale. ADDITIONAL RATIONALE Limited library services in the Birch Bay community are currently provided by WCLS's weekly Bookmobile visits. However, library patrons living in Birch Bay have asked for more than just pick-up/drop-off services. They now have to travel to surrounding communities to access collections and other resources offered in a way only brick -and -mortar facilities can provide. These visits to other county libraries are negatively impacted by distance, limited public transportation and barriers such as train traffic on roads to and from Birch Bay. This is not insignificant, particularly for school children. Birch Bay children comprise 60% of the Blaine Public School District population. Travel to Blaine is often encumbered by BSNF long -train delays. In addition, once a child is delivered home, it is unlikely that a second round-trip to a nearby library (Blaine, Lynden or Ferndale) is in the family plans given their many other obligations. Outdoor library programs held at the Birch Bay property in partnership with groups such as the Birch Bay Chamber of Commerce, Whatcom County Parks & Recreation and Lummi Nation draw a large attendance. These experiences indicate the Birch Bay Library will be the gathering spot and educational resource long desired by local residents. PROJECT PLANS The interior of the main level is slated for a full remodel with all mechanical and electrical to be replaced. The home's second level will remain inaccessible to the public due to ADA requirements, but it may be used by staff and for storage. The crawlspace is to be filled in per Whatcom County permitting requirements and Washington State Department of Archaeological and Historic Preservation rules, and a new slab and concrete stem walls with flood vents will be added. Exterior cladding and all windows will be replaced. Parking areas, landscaping and a new fire hydrant are required as indicated on the site plan (attached). Washington State Department of Commerce also requires that the project be LEED Silver Certified, although this may ultimately be waived because the overall size of the project is below the threshold. When complete, the renovated first floor of the historic structure will encompass a 1,700 square foot library and a 6,000 square foot outdoor programming space to support continued partnerships with community organizations. This destination library is ideally situated along a new 1.6-mile-long pedestrian walkway along Birch Bay Drive and plans to complete a new Whatcom County Park located just south of the library property have been approved. The Whatcom County Library System is prepared to provide staffing and operational support in an ongoing arrangement. Opening a facility to provide a full range of library services is nearly within reach. Project plans by Zervas Architects provide detailed structural analysis, space planning, and cost estimates. The new facility design supports the full range of library services desired by the community, including after-hours access to pick up library materials. We will note that we currently provide a stable internet connection on -site to Whatcom County Sheriff deputies who use it to file reports when patrolling in Birch Bay. WCLS is committed to continuing this arrangement when the library is completed. REQUEST The Friends of Birch Bay Library need $314,597 to complete this project. Costs and assets are detailed below. We know we can do this. We invite Whatcom County to join us now! BIRCH BAY LIBRARY EXPRESS COSTS Construction Project Total $1,550,880 Architecture & Engineering Fees 187,525 Site Acquisition 677,000 LEED Silver Fees 72,000 Sales Tax 139,072 TOTAL COSTS $ 2,626,477 BIRCH BAY LIBRARY EXPRESS ASSETS Washington State Capital Grant $ 1,950,000 Birch Bay Friends cash -in -hand 211,000 Chuckanut Health Foundation Grant 20,000 WCLS Allocation 150,000 TOTAL RAISED $ 2,311,000 TOTAL NEED TO COMPLETE $ 314,597 The latest Whatcom Talk article: https://www.whatcomtalk.com/2023/05/30/friends-of-birch-bay-library-and-wcls-to-open- birch- bay-vogt-library-express/ Visit our website: https://friendsofbirchbaylibrary.org 'Y 11 s�. •f� ��F, ` Y' 'rY s f nAA�s '•�j �� LN w1^.����->"-,`.',`s t �i 11�IIA.:� 1p� WMA 71 q orrma�r. , .Ft;�.�ixeX.'"I':3iFi!zt„ n .. ���.-� .;'�.�dry ��� v "°vc�i.kv�, ..✓r'�l �„�,y�,.�.,..r;�.,. .