noisy waters northwest

AB2023-200

Enactment No: ORD 2023-018

Ordinance amending Whatcom County Code Section 1.14 Election Precinct Boundaries

Diana Bradrick, County Auditor, briefed the Councilmembers and answered whether any Council districts changed because of the precinct changes. She stated the Council districts are exactly as they were at the end of 2021.

Buchanan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Byrd moved and Frazey seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote:

Buchanan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Donovan moved and Galloway seconded that the Ordinance Requiring a Public Hearing be ADOPTED. He thanked Strong for his work.

Donovan’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Aye:

OPEN SESSION

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Enactment No: ORD 2023-019

Buchanan read a statement into the record from the County’s legal department concerning a potential conditional use permit for a gravel mining operation.

The following people spoke:

· John (last name not audible)

· Mark Hall

· James Isaac Welsh

· Elizabeth (last name not stated)

· Jim Klein

· Michael Feerer

· Carly Lloyd

Whatcom County

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Minutes – Final

April 11, 2023

· Sophie McMahon

· Maureen Cleveland

· Edward Bertran

· Ivy Little

· Rochelle Hallowell

· Daniel Harm

· Madeline Schwartz

· Marjolein Schermerhorn

· Laura Sheehan

· Emily Freudenberger

· Iliana Bradley

· Craig Knutson

· Alexander Harris

· White Miller

· Kyle Zandbergen

· Doug (Yoshe) Revelle

· Micah Anderson

· Howard Sharfstein

· Andrew Clarke

· Edward Wolf

· Richard Greenbaum

· Laura Weiss

· Rick Eggerth

· Jack McBride

· Brel Froebe

· Kathleen Greenbaum

· Elli Harron

· John Marshall

· Bo Bumford

· James Greinke

· Markis Dee

· Cliff Langley

· Natalie Chavez

· Name not given

· Lyle Sorenson

· Name not given

· Susan Kane-Ronning

· Laurie Poms Nelson

· Sandy Zeitel

Whatcom County

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Minutes – Final

April 11, 2023

· Misty Flowers

· Susan David

· (first name not stated) Johnson

· Rob Lewis

· Valery Anderson

· Name not given

Hearing no one else, Buchanan closed the Open Session. Clerk’s note: Councilmembers took a short break.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

1. AB2023-212

Kershner reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through sixteen. Councilmembers voted on those items (see votes on individual items below).

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and North Sound Behavioral Health Administrative Services Organization to acknowledge and fund Whatcom County’s participation in the North Sound Integrated Care Network, in the amount of $449,191.10

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:

2. AB2023-218

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lydia Place to provide housing case management services in the amount of $75,000 for a total amended contract amount of $452,157

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

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

3. AB2023-220 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and the Administrative Office of the Courts in the

increased amount of $15,000 for a total amended contract amount of $76,597.00

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4. AB2023-223

Request authorization for the County Executive to enter into a grant agreement between Whatcom County and the Washington State Department of Commerce to provide funding to improve the Nooksack River gaging network, conduct a water storage study, and purchase and demolish up to four properties located in areas that are subject to inundation during flooding, in the amount of $1,950,000.00

Kershner reported for the Finance and Administrative Services Committee and moved that the Agreement be AUTHORIZED BY CONSENT. The motion carried by the following vote:

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

5. AB2023-227

Request authorization for the County Executive to enter into a contract between Whatcom County and Taylor Made TDS Inc. to provide Class-A Commerical Driver’s License training to Whatcom County Public Works employees, in the amount of $100,000

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

6. AB2023-230

Request authorization for the County Executive to enter into an Interlocal Agreement between Whatcom County and the Port of Bellingham to establish procedures that will support the cooperative efforts to plan for a countywide high speed broadband system

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:

7. AB2023-232 Whatcom County

Request authorization for the County Executive to enter into a contract between Whatcom County and Pacfic Security to provide Courthouse Security Services, in an

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Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Council

8. AB2023-252

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Western Washington University to assess the impact of forest cover on peak flows in the Nooksack River Basin, in the amount of $30,054.00 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Kershner reported for the Finance and Administrative Services Committee and moved that the Contract (FCZDBS) be AUTHORIZED BY CONSENT. The motion carried by the following vote:

amount not to exceed $200,000

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

9. AB2023-260

Request authorization for the County Executive to award bid #23-23 and enter into a contract between Whatcom County and Lake Union DryDock Company for the drydocking, repair, and maintenance of the Whatcom Chief in the amount of $863,381

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

10. AB2023-261

Request authorization for the County Executive to enter into a collective bargaining agreement between Whatcom County and Teamsters Local 231 Corrections Deputies and Sergeants for the period of January 1, 2023 – December 31, 2025

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:

11. AB2023-262 Whatcom County

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Blaine for FY2021 Operation

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Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Council

12. AB2023-263

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Everson for FY2021 Operation Stonegarden (OPSG), in the amount of $10,448.00

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:

14. AB2023-266

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Lynden for FY2021 Operation Stonegarden (OPSG), in the amount of $15,600.00

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:

15. AB2023-267

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Sumas for FY2021 Operation Stonegarden (OPSG), in the amount of $10,786.80

Kershner reported for the Finance and Administrative Services Committee

Stonegarden (OPSG), in the amount of $7,600.57

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

13. AB2023-265

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Ferndale for FY2021 Operation Stonegarden (OPSG), in the amount of $15,830.00

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

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16.

Aye:

Nay:

AB2023-268

Aye: Nay:

and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington Department of Fish and Wildlife for FY2021 Operation Stonegarden (OPSG), in the amount of $6,527.13

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:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Action and Natural Resources Committee)

Request for motion to support Northwest Straits Marine Conservation Initiative Reauthorization

Galloway reported for the Climate Action and Natural Resources Committee and moved that the Request for Motion be APPROVED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Request approval to send a letter regarding the North Cascades Ecosystem Grizzly Bear Restoration Plan/Environmental Impact Statement

Galloway reported for the Climate Action and Natural Resources Committee and moved that the Request for Motion be APPROVED.

Donovan explained why he abstained on this item in committee.

Dana Brown-Davis, Clerk of the Council, stated she heard from Skagit County and they are thinking that the letter is supposed to be from the multiple counties and not just from Whatcom.

Councilmembers discussed the motion.

Galloway’s motion that the Request for Motion be APPROVED carried by the following vote:

OTHER ITEMS (From Council Climate

1. AB2023-233

Aye:

Nay:

2. AB2023-272

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Minutes – Final

April 11, 2023

Abstain:

AB2023-273

1 –

Request approval to send a letter regarding the Brokedown Palace timber sale

Aye: 6 – Nay: 0

Buchanan, Byrd, Elenbaas, Frazey, Galloway, and Kershner

Committee and moved that the Request for Motion be APPROVED.

Elenbaas gave reasons why he opposed the letter in committee. He stated we are asking the Department of Natural Resources (DNR) to do what the law (Revised Code of Washington 36.70A.050) has already told them to do and that feels like we are interfering in the process.

Kershner spoke about the money (about $900,000) from a timber sale that would go to the beneficiaries and stated the Council has a responsibility to consult with the schools and junior taxing districts to ensure they are not negatively impacted. She stated they should discuss how to replace this critical revenue if the Council takes action. We should wait to send this letter to find out what the Legislature is doing after they have adjourned and the County has consulted with the junior taxing districts. We should have a discussion on the vision of what we would like to send to DNR as far as how state trust lands are managed because there is State law about exactly how these lands have to be managed.

Donovan stated he would like to suggest an amendment to the first request in the letter and stated the Council is doing these letters on a sale by sale basis. He asked if they could just come up with a policy that states what they want from the DNR in terms of our county’s role in having some input in these lands or our county’s priorities about how these lands can be

managed. He is also not sure of the timing.

Donovan moved to amend request number one on the second page of the letter to add language to the first sentence as follows:

1. Pause the Brokedown Palace Timber Sale until the current legislative session funds replacement revenues for beneficiary

taxing districts in Whatcom County seeking reimbursement and until the legislature has provided guidance, authority, and funding to DNR regarding the management of mature, structurally-complex forests on state land…

The motion was seconded by Frazey.

Donovan

Galloway reported for the Climate Action and Natural Resources

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Elenbaas stated there is no need for an amendment because the RCW lists out everything that the letter is stating.

Donovan restated his motion.

Kershner stated we should wait until the legislature is wrapped up so we know what they decide, wait and see what the permit process looks like, and allow the public to comment and then take action if necessary after those periods of time.

Galloway spoke about a recent court case on which the Supreme Court

ruled and which opened up a conversation around how we are managing state forest lands, the requests included in the letter, the reasons for requesting a pause, and looking at how we can proactively be more engaging and figure out how to incorporate forest management practices into our climate solutions and not see them as two independent conversations.

Councilmembers continued to discuss the item.

Kershner moved to hold. The motion was seconded by Byrd.

Elenbaas spoke about not telling the DNR what to do when it is already outlined in the law.

Kershner asked if they need to have a date specific to hold the item and amended her motion to hold until May 9th.

Councilmembers discussed whether there is any value in holding it until DNR has an opportunity to start this project so that we know what we are asking them to pause, whether the Council wants to weigh in before the public comment to DNR, whether the Council might get into legal issues if they continue to deny these without specifying the reasons why which are laid out in the law (and whether the Council is actually denying them), whether the Council wants to water down their voice to the DNR by sending a letter for every sale, getting the letter in now so that it may have more opportunity to persuade the DNR than if the Council were reacting to an action they have already taken, and whether a conclusion could be drawn that the Council is designating resource lands on paper but functionally disallowing it.

Kershner’s motion that the Request for Motion be HELD IN COMMITTEE until May 9th carried by the following vote:

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Request approval to send a letter regarding the Pacific Northwest National Trail Comprehensive Plan

Galloway reported for the Climate Action and Natural Resources Committee and moved that the Request for Motion be APPROVED.

Councilmembers discussed the motion.

Galloway’s motion that the Request for Motion be APPROVED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

and Administrative Services Committee)

Ordinance amending the Whatcom County Budget, request no. 5, in the amount of $631,850

Kershner reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED.

Elenbaas stated if he votes no it does not mean that he does not support some of the things in here; he just does not support all of them so he cannot vote yes.

Kershner’s motion that the Ordinance be ADOPTED carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

1 – Elenbaas

Enactment No: ORD 2023-020

Ordinance amending the project based budget for the Lake Whatcom Park Trail Development Fund, request no. 2

Kershner reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Enactment No: ORD 2023-021

Aye:

Nay:

AB2023-275

4 – 3 –

Byrd, Donovan, Elenbaas, and Kershner

Buchanan, Frazey, and Galloway

(From Council Finance 5. AB2023-204

Aye: Nay:

6. AB2023-205

Aye: Nay:

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Council Minutes – Final

7. AB2023-155 Ordinance amending Whatcom County Code 2.128, Business and Commerce

Advisory Committee, to revise membership

Kershner stated this item was withdrawn (by agenda revision). This agenda item was WITHDRAWN.

(From Council Public Works and Health Committee)

April 11, 2023

8. AB2023-221

Discussion of the Whatcom County Food System Plan and request for Council approval

Kershner reported for the Public Works and Health Committee and moved that this item be held in Committee until April 25th to give the community an opportunity to comment on the plan.

Councilmembers discussed that all Input should go to Ali Jensen (staffer for the Food System Committee).

Kershner stated if the public has a comment on the food plan they can send an email to the Council and our Council staff will forward it to Ali Jensen.

Riley Sweeny, Food System Committee Chair, stated the plan and the committee staff’s contact information is on the Food System Committee website.

The motion carried by the following vote:

Aye: 7 – Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan

Nay: 0

This agenda item was DISCUSSED AND MOTION(S) APPROVED.

Motion approved 7-0 to Hold in Committee.

9. AB2023-228

Request approval to send a letter regarding proposed legislation to increase truck size and weight

Kershner reported for the Public Works and Health Committee and moved that the Request for Motion be HELD IN COMMITTEE until April 25th. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

(From Council Committee of the Whole)

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Council 10.

Request confirmation of the County Executive’s appointment of Elizabeth Kosa as Director of Public Works effective April 12, 2023 pursuant to Whatcom County Code Section 2.75.020

Buchanan reported for the Committee of the Whole and moved that the Request for Motion be APPROVED and back-dated to March 13, 2023. The motion was seconded by Donovan.

Elizabeth Kosa, Public Works Department Director, addressed the Council.

Buchanan’s motion that the Request for Motion be APPROVED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

AB2023-239

1. AB2023-217

Appointment to vacancies on the Drayton Harbor Shellfish Protection District Advisory Committee, Applicant(s): Melissa Bomben

Donovan moved and Kershner seconded that the Council Appointment be APPOINTED.

Elenbaas asked if the applicant was available to address the Council but she was not.

Donovan’s motion that the Council Appointment be APPOINTED carried by the following vote:

Aye:

Confirmation was back-dated to March 13, 2023.

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

2. AB2023-256

Appointment to vacancies on the Sumas/Everson/Nooksack Flood Subzone Advisory Committee, Applicant(s): Joshua Clawson (Council acting as the Flood Control Zone District Board of Supervisors)

Kershner moved and Donovan seconded that the Council Appointment be APPOINTED.

Dana Brown-Davis, Clerk of the Council, answered how the application came to the Councilmembers and Councilmembers discussed the applicant.

Kershner’s motion that the Council Appointment be APPOINTED carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Whatcom County

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Council Minutes – Final

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

ITEMS ADDED BY REVISION

There were no agenda items added by revision, but AB2023-155 was withdrawn by revision.

INTRODUCTION ITEMS

April 11, 2023

Kershner moved to introduce items one through twelve. The motion was seconded by Byrd.

Kershner stated she was asked to request that John Gargett, Division of Emergency Management, speak about Introduction item number two (AB2023-269) and he briefed the Councilmembers. He stated Whatcom County recently received about $4.3 million for emergency response equipment but it has to be spent by June 30th and there is probably not enough time to be able to do that, so they will have to return the money unless they can find some way to do it. He spoke about the equipment that was on the list to purchase and answered questions.

Kershner stated the Ordinance states, “WHEREAS, the grant funds must be obligated by June 30, 2023” and asked whether that should say “spent” and Gargett stated it should.

Tyler Schroeder, Director of Administrative Services, stated technically it should be spent but for the purposes of the Ordinance and the intent of the Ordinance, which is an interfund loan from the General Fund to the Department of Emergency Management (DEM), it is okay.

Gargett answered whether there is any leeway with the Department of Commerce on getting the word “spent” changed to “obligated” and stated there is not. It is 2023 monies and they cannot carry it over into the 2024 biennium.

The speakers answered how they came up with such a precise number for the grant amount, whether we would be able to clear that whole $4,294,850, whether they have a backup plan if they cannot get the purchase of automated sandbagging machines through because they cannot get the bid out quickly enough, and whether the sandbag machinery is technology we could purchase and own in-house.

Councilmembers voted on the introduction items (see votes on individual

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1. AB2023-264

items below).

Ordinance amending the project budget for the Public Safety Radio System Fund, request no. 3

Kershner moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

2. AB2023-269

Ordinance authorizing an interfund loan for the purchase of flood response equipment

Kershner moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

3. AB2023-270

Ordinance amending the 2023 Whatcom County Budget, request no. 6, in the amount of $6,245,264

Kershner moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

4. AB2023-231

Ordinance authorizing a revised system of assessment for Drainage Improvement District No. 7

Kershner moved and Byrd seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

5. AB2023-237

Ordinance establishing a temporary speed limit for Birch Bay Lynden Road

Kershner moved and Byrd seconded that the Ordinance Requiring a Public

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

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6. AB2023-240

Ordinance for temporary installation of stop signs on Birch Bay Lynden Road

Kershner moved and Byrd seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

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

7. AB2023-246

Ordinance establishing a temporary speed limit for Hannegan Road

Kershner moved and Byrd seconded that the Ordinance 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

8. AB2023-248

Ordinance establishing a temporary closure of Kelly Road and Van Wyck Road

Kershner moved and Byrd seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

9. AB2023-258

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Ordinance amending Whatcom County Code 10.34, Ferry Rates

Kershner moved and Byrd seconded that the Ordinance 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

Whatcom County

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10. AB2023-259

Ordinance amending 2023 Whatcom County Unified Fee Schedule

Kershner moved and Byrd seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

11. AB2023-216

Appointment to a vacancy on the Horticulture Pest and Disease Board, Applicant(s): Isaiah Del Giorgio

Kershner moved and Byrd seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

12. AB2023-271

Resolution amending the 2023 Flood Control Zone District & Subzones Budget, request no. 1, in the amount of $12,096,245 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Kershner moved and Byrd seconded that the Resolution (FCZDBS) be INTRODUCED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

ADJOURN

Councilmembers gave committee reports and other updates.

Elizabeth Kosa, Public Works Department Director, answered questions about the status of stop signs that have been adopted by Ordinance and Elenbaas spoke about a possible solution to address public frustration about a recent stop sign.

Satpal Sidhu, County Executive, and Councilmembers discussed addressing public comments in open session and whether they could take care of staff business at the beginning of Council meetings.

Tyler Schroeder, Director of Administrative Services, spoke about discussions about upcoming legislative bills.

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[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=1006637&GUID=1D6F2715-9323-4183-A964-75336AD53233&Options=info|&Search= ]

The meeting adjourned at 10:39 p.m.

The County Council approved these minutes on April 25, 2023.

ATTEST:

______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Barry Buchanan, Council Chair

Whatcom County

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*************************************************************

Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, April 25, 2023 6 PM

Hybrid Meeting

HYBRID MEETING (PARTICIPATE IN-PERSON, SEE REMOTE JOIN INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010); AGENDA REVISED 4.25.2023

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 April 25, 2023

COUNTY COUNCIL CALL TO ORDER

ROLL CALL Present:

FLAG SALUTE

Council Chair Barry Buchanan called the meeting to order at 6:01 p.m. in a hybrid meeting.

7 – Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey, Kaylee Galloway, and Kathy Kershner

ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

The Executive did not have a report.

MINUTES CONSENT

1. MIN2023-030

Donovan moved to accept the minutes consent items. The motion was seconded by Byrd (see votes on individual items below).

Committee of the Whole for April 11, 2023

Donovan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

2. MIN2023-031

Regular County Council for April 11, 2023

Donovan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

3. MIN2023-032

Water Work Session for April 18, 2023

Donovan 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

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Council 1.

Ordinance establishing a temporary speed limit for Birch Bay Lynden Road

Jim Karcher, Public Works Department, stated he was available for questions.

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.

Donovan asked how long this temporary speed limit would last and Kershner stated it would be about ten days.

Councilmembers voted on the item (see vote below after more discussion).

Elenbaas asked whether the State picks up the cost of the signs and the time since they are requesting the project and Karcher stated they do and they are going to support the County in the whole process. Elenbaas requested that, when these memos come out in the future, staff address how the projects are being paid for.

Kershner’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

AB2023-240

Enactment No: ORD 2023-022

Ordinance for temporary installation of stop signs on Birch Bay Lynden Road

Jim Karcher, Public Works Department, stated he was available for questions but there were none.

Buchanan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Donovan moved and Kershner seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Kershner spoke about the reason for this and the previous ordinance.

Donovan’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

AB2023-237

Aye:

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AB2023-246

Ordinance establishing a temporary speed limit for Hannegan Road

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.

Donovan stated this relates to Hannegan because we are going to be detouring people off the Mount Baker Highway for four months.

Kershner stated she received comments from a constituent who was certain that this project could be done without closing down the entire road and asked if there is anything the County can do, although it is a State project, to alleviate the pain people may feel from closing down Mt. Baker Highway for this amount of time.

Jim Karcher, Public Works Department, stated there is nothing that can be done and answered questions about the closures.

Elenbaas stated his concern is that this is a big deal to people in those areas and no one stood up to talk about it, and he asked whether it would be wise to hold this for two weeks to allow people to comment.

Karcher answered whether there is time to do what Elenbaas is suggesting and stated the Washington State Department of Transportation (WSDOT) wants to start the closure the last week in May.

Elenbaas moved to hold this until the first meeting in May and keep the public hearing open so that people can address the Council. The motion was seconded by Donovan.

Councilmembers and Karcher discussed whether Elenbaas’ issue is with the closure which is the next agenda item, that the item was discussed two weeks ago, whether there are other alternatives to consider, whether Council could actually vote on May 9th if they held it tonight, when the State wants to start construction, whether it is imperative that the Kelly and Van Wyck intersections have to close and whether they have to lower the speed limit on Hannegan, and whether the closures and speed limit lowering will take place after the Ski to Sea event.

Nay: 0

Enactment No: ORD 2023-023

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Aye:

Nay:

Elenbaas’ motion that the Ordinance Requiring a Public Hearing be HELD IN COUNCIL and the hearing kept open carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 1 – Galloway

The public hearing for this item was kept open.

4. AB2023-248

Ordinance establishing a temporary closure of Kelly Road and Van Wyck Road Buchanan opened the Public Hearing and the following people spoke:

· Christopher Diele

Hearing no one else, Buchanan closed the Public Hearing.

Donovan moved and Buchanan seconded that the Ordinance Requiring a Public Hearing be HELD IN COUNCIL until May 9th.

Councilmembers discussed whether they are going to leave the public hearing open.

Donovan amended his motion to leave the public hearing open.

Jim Karcher, Public Works Department, answered why they are closing these roads, and whether their closure is an absolutely necessary piece of the puzzle of Washington State Department of Transportation (WSDOT) taking care of their culvert. He stated it was not.

Donovan’s motion that the Ordinance Requiring a Public Hearing be HELD IN COUNCIL and the hearing kept open carried by the following vote:

Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 1 – Galloway

The public hearing for this item was kept open.

5. AB2023-258

Ordinance amending Whatcom County Code 10.34, Ferry Rates

Elizabeth Kosa, Public Works Department Director, briefed the Councilmembers on this and the next agenda item (AB2023-259). She stated the Lummi Island Ferry Advisory Committee forwarded the Public Works Department (last minute) new information from a community member that Public Works was able to review this afternoon. After preliminary reviews, they found there is validity in that information. It affects the balance of the fare box reserve, and therefore impacts any changes Public Works would

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propose. Due to the nature of the information, Public Works is not recommending moving forward with AB2023-259 (the next agenda item regarding the Unified Fee Schedule). They would like to take the opportunity to fully vet this new information and see what the resulting outcomes are and then bring those back to the Council at a later date. Public Works sees the following options for the Council:

1. The Council can proceed with the hearing for AB2023-258 (this item) but Public Works recommends against proceeding with an actual decision on the Ordinance. Additionally, Public Works recommends cancelling the fee schedule hearing (AB2023-259) until they can fully vet that.

2. The Council could opt to postpone both public hearings (AB2023- 258 and AB2023-259) until Public Works has vetted the new information and they can come back to the Council with both Ordinances.

3. The Council can opt to proceed with both hearings but Public Works does not recommend proceeding with a decision on either one of those hearings tonight.

She answered whether the new information she just referenced has been forwarded to the Council and whether they know yet if it is valid. She stated they did not have enough time but as they looked at it, they realized they should take a deep dive and look to see how valid it is.

Donovan stated that when this item was in Committee he sent an email about the Ordinance having a more concrete definition of “capital” and he sent a section of the Washington Administrative Code (WAC) that might work for that, so he hopes that could be considered as well.

Buchanan asked which Ordinance Donovan’s suggestion would be applicable to and Kosa stated it would be AB2023-258. He asked whether changes could be coming potentially on both Ordinances and Kosa stated potentially yes. She repeated the options for the Council.

Donovan moved to hold one hearing (for this item) and cancel the hearing for AB2023-259.

Dana Brown-Davis, Clerk of the Council, answered whether he can move to hold one hearing and not the other.

Donovan withdrew his motion in order to deal with each file individually and moved to cancel the hearing for AB2023-259 since a hearing is already scheduled for AB2023-258. But Councilmembers and the Clerk stated that

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his motion is out of order since they are not considering AB2023-259 yet.

So, Donovan withdrew his motion.

Kershner asked if Public Works could forward the community member’s

email to the Council.

Buchanan asked whether Public Works is still recommending that the Council does not take action on the hearing they have tonight (this item), and Kosa stated that is correct.

Buchanan opened the Public Hearing and the following people spoke:

· Bob Anderson

· Mike Skehan

· Ralph Steele

· Pam Gould

· Rich Frye

· Steven Thomas

· Katherine Schornack

· Peter Earle

· David Cummins

· Patrick Vincent

· Paul Isaacson

· Kathy Zaiser

· Chris Parker

· Name not stated

· Travis Skinner

· Marissa Orada

· Steve Schneider

· (first name not audible) Dickenson

· Name not stated

· Michelle Luke

· David Kershner

Hearing no one else, Buchanan stated the Public Hearing would be left open.

Donovan moved to keep the public hearing open and hold this until the first meeting in June. The motion was seconded by Elenbaas.

Buchanan asked whether the 20th of June (as mentioned by one of the

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speakers) has any significance.

Donovan amended his motion to hold this item until the second meeting in June (June 20).

Kershner stated this item is concerning changes to the Code. She asked, if they hold this hearing open and make no changes to the code at this time, whether they are not able to make any further advancements towards using American Rescue Plan Act (ARPA) dollars because the Code does not allow that.

Donovan’s motion that the Ordinance Requiring a Public Hearing be HELD IN COUNCIL until the second meeting in June and the public hearing kept open carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

The public hearing for this item was kept open.

6. AB2023-259

Ordinance amending 2023 Whatcom County Unified Fee Schedule Clerk’s note: See discussion on this item above under AB2023-258.

Donovan moved to cancel the public hearing on AB2023-259 (this item). The motion was seconded by Buchanan.

Dana Brown-Davis, Clerk of the Council, clarified whether this would also (like the last item) be back on for June 20th.

Donovan amended his motion and moved to cancel the public hearing on AB2023-259 (this item) and have it come back at the same time as AB2023-258 (June 20).

Brown-Davis stated if there will be substantial changes we will have to reintroduce the Ordinance.

Tyler Schroeder, Director of Administrative Services, stated there are

likely going to be some substantial changes to this version, so instead of just placing the date, we would like to bring it forward to reintroduce and go through the whole process again for this item.

Donovan withdrew his amended motion and moved to hold this until staff is ready to bring it back but then just went back to his original motion to cancel the public hearing. The motion was seconded by Buchanan.

Aye:

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Elizabeth Kosa, Public Works Department Director, answered how long they will need to look at the new information and get back to Council and whether the Council will be having updates. She stated they do not necessarily know a date for that but if there are substantial changes it is worth just removing this Ordinance because Public Works would be coming to the Council with a whole new Ordinance.

The motion to cancel the public hearing carried by the following vote: Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

Donovan moved and Galloway seconded that the Ordinance Requiring a Public Hearing be WITHDRAWN from Council consideration. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

ACTION SUMMARY:

Motion approved 7-0 to cancel the hearing, then

Motion approved 7-0 to withdraw this item from consideration

OPEN SESSION

Aye:

The following people spoke:

· Doug (Yoshe) Revelle

· Christopher Diele

· Rob Dhaliwal

· Danaya Snavely

· Name not stated

· Stephanie (last name not given)

· Natalie Chavez

· Maya Morales

· Misty Flowers

Hearing no one else, Buchanan closed the Open Session.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

Kershner reported for the Finance and Administrative Services Committee

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1. AB2023-236

and moved to approve Consent Agenda items one and two and four through ten. She stated that a citizen requested that Consent Agenda items three (AB2023-278) and eleven (AB2023-296) be considered separately.

Elenbaas asked why Consent Agenda item number five (AB2023-283) was in the Finance and Administrative Services Committee, whether there was a reason why they chose Snohomish County, and whether it is really needed when we have two health officers. The originator of the item was not

present so Councilmembers continued on to the vote.

Councilmembers voted on Consent Agenda items one and two and four through ten (see votes on individual items below and items considered separately after the Consent Agenda).

Request authorization for the County Executive to enter into an interlocal amendment between Whatcom County and Whatcom County Fire Protection District No. 5 for the provision of a one-time distribution of EMS Levy Funds in support of Basic Life Support services in the amount of $61,755.39

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: 2. AB2023-251

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Phoenix Counseling, LLC to provide domestic violence evaluations and treatment for defendants processed through Whatcom County District Court and Bellingham Municipal Court in the amount of $80,000.01 for a total amended contract amount of $120,000

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:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

3. AB2023-278 Request authorization for the County Executive to enter into a contract between Whatcom County and Snohomish County to utilize State Homeland Security Program

(SHSP) funding to sustain and enhance Division of Emergency Management programs, in the amount of $42,081

This item was considered separately. See Consent Agenda Items Considered Separately below.

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4. AB2023-281

Request authorization for the County Executive to enter into a contract between Whatcom County and Lynden Tribune and Print Co. to provide print and mail services, in the amount of $60,000.00

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:

5. AB2023-283

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Snohomish County for Health Officer coverage when either County’s Health Officer is physically unavailable or is absent and Health Officer advice and authority is necessary

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

6. AB2023-285

Request authorization for the County Executive to award bid #23-20 and enter into a contract between Whatcom County and Granite Construction Company for the Hot Mix Asphalt Pre-Level at various locations in an amount not to exceed $564,790

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

7. AB2023-288

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Port of Bellingham for the lease extension for the Williamson Way land, in the amount of $91,362.67

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:

8. AB2023-290 Whatcom County

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and USDA Forest Service to provide a part-time deputy

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Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Council

9. AB2023-291

Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Department of Commerce to support essential community services and recovery assistance after a state declared disaster, in the amount of $4,294,850

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:

11. AB2023-296

Request authorization for the County Executive to enter into a contract between Whatcom County and the Executive Office of the President, Office of National Drug Control Policy (ONDCP) to implement the strategy of the Northwest High Intensity Drug Trafficking Area (HIDTA), in the amount of $159,354.00

to patrol roads in Mt. Baker-Snoqualmie National Forest, within Whatcom County boundaries, in the amount of $56,760.00

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. AB2023-292

Request authorization for the County Executive to award Bid #22-63 and enter into a contract between Whatcom County and Andgar Mechanical LLC to add heat pumps to the Sun House in the amount of $97,429.31

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

This item was considered separately. See Consent Agenda Items Considered Separately below.

CONSENT AGENDA ITEMS CONSIDERED SEPARATELY

3. AB2023-278 Request authorization for the County Executive to enter into a contract between Whatcom County and Snohomish County to utilize State Homeland Security Program

(SHSP) funding to sustain and enhance Division of Emergency Management programs, in the amount of $42,081

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11.

AB2023-296

Kershner reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED.

Doug Chadwick, Undersheriff, briefed the Councilmembers.

Kershner’s motion that the Interlocal be AUTHORIZED carried by the following vote:

1. AB2023-286

Resolution authorizing the County Executive to grant an easement to Puget Sound Energy across park property within an existing access easement agreement

Galloway reported for the Climate Action and Natural Resources Committee and moved that the Resolution be APPROVED.

Elenbaas spoke about why he voted no on this item in Committee.

Bennett Knox, Parks and Recreation Department Director, answered Elenbaas’ questions about why the County would not get compensation from an energy company looking to do this and whether it is typical that the County does not charge for right-of-ways. He stated it was an existing

Kershner reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED.

John Gargett, Division of Emergency Management, briefed the Councilmembers.

Elenbaas stated he appreciates how always prepared and knowledgeable Mr. Gargett is on everything he brings or presents to the Council.

Kershner’s motion that the Interlocal be AUTHORIZED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Aye:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

OTHER ITEMS

(From Council Climate Action and Natural Resources Committee)

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2. AB2023-264

Aye: Nay:

3. AB2023-269

Aye: Nay:

4. AB2023-270

Whatcom County

Ordinance amending the project budget for the Public Safety Radio System Fund, request no. 3

Kershner reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Enactment No: ORD 2023-024

Ordinance authorizing an interfund loan for the purchase of flood response equipment

Kershner reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Enactment No: ORD 2023-025

Ordinance amending the 2023 Whatcom County Budget, request no. 6, in the amount

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Aye: Nay:

access easement that is not causing any impact to the park itself. We normally would charge if there was an impact to the park, but this is underground within the roadway to the property through the existing access and it is a stand-alone sliver that is north of the bulk of the park.

Tyler Schroeder, Executive’s Office, stated it is usually on a case-by-case basis. He stated the line of questioning is a good one and asked if Elenbaas had more thoughts on it or some policy discussion regarding it.

Elenbaas stated he was just wondering what our stance was, whether we applied it evenly across all companies or right-of-way uses, and why we would not ask for compensation since that would probably be done in the private sector.

Galloway’s motion that the Resolution be APPROVED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Enactment No: RES 2023-008

(From Council Finance and Administrative Services Committee)

Council

AB2023-271

Enactment No: ORD 2023-026

Kershner reported for the Finance and Administrative Services Committee and moved that the Resolution (FCZDBS) be APPROVED.

Councilmembers voted on the item (see vote below).

Elenbaas asked which item it was that Kershner asked about Emergency Medical Services (EMS) funding in Committee. Kershner stated it was Consent Agenda item number one for Fire Protection District No. 5 and gave an overview of that discussion from Committee.

Kershner’s motion that the Resolution (FCZDBS) be APPROVED carried by the following vote:

of $6,245,264

Kershner reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. She stated this amendment to our Whatcom County budget includes the nearly $4.3 million that we are receiving from the State for flood victims.

Kershner’s motion that the Ordinance be ADOPTED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Aye:

AB2023-279

Enactment No: RES 2023-009

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Collins Woerman to continue assistance in planning, facilitation, and technical support of Floodplain Integrated Planning (FLIP) team meetings, in the amount of $100,000.00 for a total contract amount of $140,000.00 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Kershner reported for the Finance and Administrative Services Committee and moved that the Contract (FCZDBS) be AUTHORIZED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

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7. AB2023-282

Aye: 6 – Nay: 1 –

Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

Elenbaas

Request authorization for the County Executive to enter into a contract between Whatcom County and Opportunity Council to support childcare stabilization in Whatcom County, in the amount of $498,732.72

Kershner reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote:

8. AB2023-293

Request authorization from the County Executive to enter into a contract amendment between Whatcom County and Northwest Youth Services to support operations at the Ground Floor Day Use Center in the amount of $34,148 for a total amended countract amount of $194,148

Kershner 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

9. AB2023-300

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to operate the Whatcom Homeless Service Center in the amount of $1,113,813 for a total amended contract amount of $5,128,564

Kershner 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

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

(From Council Public Works and Health Committee)

10. AB2023-228

Request approval to send a letter regarding proposed legislation to increase truck size and weight

Kershner reported for the Public Works and Health Committee and moved that the Request for Motion be HELD IN COMMITTEE. The motion carried by the following vote:

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[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=1006707&GUID=EE03035D-30CD-4814-98FD-A309FFFEFFCB&Options=info|&Search= ]

11.

AB2023-254

Resolution adopting 2022 Whatcom County Comprehensive Solid and Hazardous Waste Management Plan

Kershner 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

12.

AB2023-294

Enactment No: RES 2023-010

Resolution adopting the Food System Plan created by the Whatcom County Food System Committee

Kershner reported for the Public Works and Health Committee and moved that the Resolution be HELD IN COMMITTEE until June 6. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

1. AB2023-216

Appointment to a vacancy on the Horticulture Pest and Disease Board, Applicant(s): Isaiah Del Giorgio

Galloway moved and Donovan seconded that the Council Appointment Requiring Introduction be APPOINTED.

Elenbaas asked if the applicant was present and stated he was excited to see the application because he had received a recommendation for this gentleman.

Isaiah Del Giorgio addressed the Council.

Elenbaas spoke about the experience his father had in this field and stated he was excited there are other young people coming up that are into this type of thing as well.

Galloway’s motion that the Council Appointment Requiring Introduction be

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

This item will be held until June 6, 2023 in order to give some of the community members that are involved in farming an opportunity to work with the committee and to make some amendments.

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

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Minutes – Final April 25, 2023 APPOINTED carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

AB2023-277

Appointment to vacancies on the Wildlife Advisory Committee, Applicant(s): Karen Hardesty

Galloway moved and Donovan seconded that the Council Appointment be APPOINTED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

ITEMS ADDED BY REVISION

1. AB2023-315

Aye:

Nay:

2. AB2023-316

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Sourcewell Cooperative to take advantage of existing Sourcewell bids and requests for proposal

in finance

Kershner reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Council staff seeks clarification related to a previously approved motion to send a letter regarding the North Cascades Ecosystem Grizzly Bear Restoration Plan/Environmental Impact Statement

Dana Brown-Davis, Clerk of the Council, briefed the Councilmembers, and stated she just wanted to clarify whether the Council still wanted to send the individual letter rather than signing on to the joint letter with Chelan and Skagit Counties.

Elenbaas stated he would prefer that we sign on to the letter asking for Cooperator Agency status rather than do our own thing so we have a seat at the table.

Elenbaas moved to sign on to this proposed letter in the packet. The motion was seconded by Kershner.

Donovan asked why we would not send our own letter. He stated he attended the meeting and did not find a real compelling reason to go along with it.

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Minutes – Final

April 25, 2023

The motion carried by the following vote:

Aye: 5 – Elenbaas, Galloway, Kershner, Buchanan, and Byrd Nay: 0

Abstain: 2 – Frazey and Donovan

This agenda item was DISCUSSED AND MOTION(S) APPROVED.

ACTION SUMMARY: Motion approved to sign on to the letter in the packet 5-0-2 with Frazey and Donovan abstaining

INTRODUCTION ITEMS

1. AB2023-298

Aye:

Nay:

2. AB2023-299

Aye:

Nay:

3. AB2023-289

Aye:

Nay:

4. AB2023-302

Kershner moved to introduce items one through four. The motion was seconded by Byrd (see votes on individual items below).

Ordinance amending the 2023 Whatcom County Budget, request no. 7, in the amount of 2,880,144

Kershner moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Ordinance amending the project budget for the Way Station Project Fund, request no. 2

Kershner moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Appointment to a vacancy on the Sumas/Everson/Nooksack Flood Control Subzone Advisory Committee, Applicant(s): Jerry Juergens (Council Acting as the Flood Control Zone District Board of Supervisors)

Kershner moved and Byrd seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Appointment to a vacancy on the Business and Commerce Advisory Committee, higher education representative, Applicant(s): Barry Robinson

Kershner moved and Byrd seconded that the Council Appointment Requiring

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Council Minutes – Final April 25, 2023

Introduction be INTRODUCED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

ADJOURN

Councilmembers gave committee reports and other updates.

Satpal Sidhu, County Executive, reported on the following:

· The County’s first Commercial Property Assessed Clean Energy and

Resiliency (“C-PACER”) financing program contract was signed

· The Administration was approached by AltaGas, a landowner at

Cherry Point, who is looking at some kind of green hydrogen project and met with two senior managers along with the Port of Bellingham.

Donovan stated we need to talk about how we get more visibility for the C-PACER program.

The meeting adjourned at 9:10 p.m.

The County Council approved these minutes on May 9, 2023. ATTEST:

______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Barry Buchanan, Council Chair

Whatcom County

Page 19

Printed on 5/2/2023

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Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, May 9, 2023 6 PM

Hybrid Meeting

HYBRID MEETING (PARTICIPATE IN-PERSON, SEE REMOTE JOIN INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010); AGENDA REVISED 5.8.2023

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.

COUNTY COUNCIL CALL TO ORDER

ROLL CALL Present:

FLAG SALUTE

Council Chair Barry Buchanan called the meeting to order at 6:01 p.m. in a hybrid meeting.

7 – Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey, Kaylee Galloway, and Kathy Kershner

ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

There was no report.

MINUTES CONSENT

1. MIN2023-033

Aye:

Nay: Temp Absent:

2. MIN2023-034

Aye:

Nay: Temp Absent:

Byrd moved to accept the minutes consent items. The motion was seconded by Frazey (see votes on individual items below).

Committee of the Whole for April 25, 2023

Byrd moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 0

1 – Elenbaas

Regular County Council for April 25, 2023

Byrd moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 0

1 – Elenbaas

PUBLIC HEARINGS

1. AB2023-231 Ordinance authorizing a revised system of assessment for Drainage Improvement

District No. 7

Travis Bouma, Public Works Department, briefed the Councilmembers.

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Council

Minutes – Final

May 9, 2023

Buchanan opened the Public Hearing and the following people spoke:

· Paulette Love

· Wanda Schleisner

· Rick Metzger

· Kevin Maddux

· Rod Stump

Bouma

it is written is because of State law. People can reach out to him to get clarity.

The following additional person spoke: · Wendy Harris

Hearing no one else, Buchanan closed the Public Hearing.

Donovan moved to send this to an appropriate committee. He would like to hear more about it.

Kershner stated it was discussed in the Public Works and Health Committee.

Elenbaas spoke about his conversations with the representatives of District 7 when he got elected four years ago about trouble they were having with the drainages caused by more development, roads, and other things, and the inadequacy of their budget. He suggested they find a way to fund their district better in order to serve their community so he applauds their efforts.

Metzger answered what the district’s budget is now and what it would go to if this item passes.

Donovan withdrew his motion.

Kershner moved and Elenbaas seconded that the Ordinance Requiring a Public Hearing be ADOPTED. She explained the Ordinance (from the discussions in the Public Works and Health Committee) and stated she read the letter and agrees it was very confusing.

addressed comments about the assessment letter and stated the way

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Council

AB2023-246

Enactment No: ORD 2023-027

Ordinance establishing a temporary speed limit for Hannegan Road

Jim Karcher, Public Works Department, stated this is a continuation of the April 25, 2023 public hearing. He answered whether the project has already started and stated it has not.

Buchanan opened the Public Hearing and the following people spoke:

· Christopher Diele

· Wendy Harris

Hearing no one else, Buchanan closed the Public Hearing.

Byrd moved and Kershner seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Elenbaas stated his question is if we lower the speed limit, do we need to close Kelly and Van Wyck Roads and if we close those roads, do we need to lower the speed limit. He does not know if they need to do both.

Karcher spoke about this and the next agenda item and stated the speed limit reduction and road closures are Public Works’ professional opinion on

what safety measures are needed to accommodate a detour by Washington State Department of Transportation for their fish passage project on Squalicum Creek on the Mount Baker Highway. He answered how long the measures would be in place and stated it would be about 100 days. He spoke about the closures.

Donovan stated we have these inadequately funded districts with infrastructure needs beyond what their capacity is so the discussion we could have in Public Works could be to look at what models are working better in other counties in order to scale this up so the districts here can do the projects they need to do.

Elenbaas spoke about the issues faced by the districts because of their budgets and stated he agrees with the district commissioners that this is a more equitable way to fund the district.

Kershner’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Aye:

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Council

AB2023-248

Enactment No: ORD 2023-028

Ordinance establishing a temporary closure of Kelly Road and Van Wyck Road

Buchanan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Byrd moved and Frazey seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Elenbaas spoke about the motion and stated he thinks they should keep the roads open.

Byrd’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

OPEN SESSION

Byrd’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Aye: 6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner Nay: 1 – Elenbaas

Enactment No: ORD 2023-029

The following people spoke:

· Christopher Diele

· Susan David

· Alexander Harris

· Aubrey Stargell

· Gerry Millman

· Ryan Lorimer

· Laura Weiss

· Judith Akins

· Laura Sheehan

· Elizabeth Kerwin

· John Gold

· Carly Lloyd

· Bill Turner

· Natalie Chavez

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Council

Minutes – Final

May 9, 2023

· Lyle Sorenson

· Misty Flowers

· Markis Dee Stidham

· David Janicki

· Daniel Harm

· Heath Heikkila

· Rob Lewis

· Bruce Parelskin

· Mark Ambler

· Doug Cooper

· Cliff Langley

· Brel Froebe

· Wendy Harris

· Lindy (last name not given)

· Hannah (last name not given)

· Christa Colouzis

Hearing no one else, Buchanan closed the Open Session.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

1. AB2023-301

Kershner reported for the Finance and Administrative Services Committee and stated that Consent Agenda item number five (AB2023-295) is a substitute.

Byrd requested that Consent Agenda item number two (AB2023-308) be removed from the Consent Agenda for a separate vote (see that item after the Consent Agenda).

Kershner moved to approve Consent Agenda items one and three through ten. Councilmembers voted on those items (see votes on individual items below).

Request authorization for the County Executive to enter into a contract between Whatcom County and Communities In Schools of Whatcom-Skagit to support a range of student needs and increase access to critical school and community services, in the amount of $136,000

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:

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Council

AB2023-308

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to provide housing case management services in the amount of $474,072 for a total amended contract amount of $1,079,307

3. AB2023-320

Aye:

Nay:

4. AB2023-327

Aye:

Nay:

5. AB2023-295

Aye:

Nay:

6. AB2023-311

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Road2Home to operate overnight severe weather shelters in the amount of $16,000 for a total amended contract amount of $95,729

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:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lydia Place to provide funding for motel rooms for families experiencing unsheltered homelessness in the amount of $108,650 for a total amended contract amount of $681,779

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:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Request authorization for the County Executive to enter into a Memorandum of Understanding with Unity Care Northwest for the Way Station in the amount of $2,000,000

Kershner reported for the Finance and Administrative Services Committee and moved that the SUBSTITUTE Memorandum of Agreement be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and United General District 304 to support

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

This item was considered separately. See below.

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Council

7. AB2023-322

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Bellingham/Bellingham Fire Department for training and onboarding lateral hire paramedics in the amount of $66,916

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:

youth cannabis and tobacco prevention strategies and activities in the amount of $43,945 for a total amended contract amount of $125,595

Kershner reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

8. AB2023-325

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and the Washington State Department of Health for the delivery and funding of various public health services in the amount of $381,005, for a total amended agreement amount of $8,981,095

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

9. AB2023-314

Resolution amending the 2022 Comprehensive Economic Development Strategic (CEDS) project list to include a Drainage Improvement District 7 project known as the Atwood Drainage Replacement Project

Kershner reported for the Finance and Administrative Services Committee and moved that the Resolution be APPROVED. The motion carried by the following vote:

10. AB2023-323 Whatcom County

Enactment No: RES 2023-011

Resolution authorizing the County Executive to purchase Department of Commerce

Page 7 Printed on 7/4/2023

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Council

Minutes – Final

May 9, 2023

grant funded flood response equipment

Kershner reported for the Finance and Administrative Services Committee and moved that the Resolution be APPROVED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Enactment No: RES 2023-012

CONSENT AGENDA ITEMS CONSIDERED SEPARATELY

Aye:

2. AB2023-308

Kershner 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: 1 – Byrd

OTHER ITEMS

(From Council Climate Action and Natural Resources Committee)

1. AB2023-273

Request approval to send a letter regarding the Brokedown Palace timber sale

Galloway reported for the Climate Action and Natural Resources Committee and moved that the SUBSTITUTE Request for Motion (as amended in Committee) be APPROVED.

Elenbaas shared a map showing designated commercial forest and agricultural land but only representing part of Whatcom County. He then showed a map of the entirety of Whatcom County to demonstrate that the other map only represents about a third of the county and this map shows the other two thirds which is already being protected. He would like people to think about the whole map when they say the County or the Department of Natural Resources (DNR) is not doing enough to protect these mature forests. He is not going to support the letter.

Donovan stated he will support the letter but there is less money there than we thought, there is a lot of doubt about whether this parcel is going to qualify, and as long as it is held out, that is revenue that is not going to the

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Council

Aye: Nay:

beneficiary districts. He would like to do a policy statement instead of doing another letter about another parcel.

Galloway stated she agrees with Donovan’s sentiments but she still supports sending letters because she thinks it is a demonstration of our eagerness to co-manage with DNR and other State agencies.

Kershner moved to amend the substitute letter as follows in bold font:

The Washington State Legislature agrees. The state legislature just allocated $70 million from Climate Commitment Act (CCA) revenue to allow DNR to protect mature, structurally-complex forests, which includes an estimated $20 million to protect up to 2,000 acres of forestland, while ensuring the beneficiaries are not adversely impacted. Whatcom County Council understands pausing harvest or selecting forests for inclusion in the CCA proviso, may delay funding for our local beneficiaries for years or decades. We are committed to exploring all possible pathways to offsetting any potential negative impacts to our local beneficiaries, including the Mount Baker School District.

The motion was seconded by Byrd.

Councilmembers discussed the motion.

The motion to amend carried by the following vote:

Aye: 7 – Galloway, Kershner, Buchanan, Byrd, Donovan, Elenbaas, and Frazey

Nay: 0

Galloway stated she is looking to understand the impact to our local beneficiaries a little bit more and would be interested in seeing what role the County could play in providing some support to a local school district so we can have both preserving critical lands and making sure our beneficiaries are whole.

Galloway’s motion that the SUBSTITUTE Request for Motion be APPROVED AS AMENDED carried by the following vote:

4 – Buchanan, Donovan, Frazey, and Galloway 3 – Byrd, Elenbaas, and Kershner

(From Council Finance and Administrative Services Committee)

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Council 2.

AB2023-298

Ordinance amending the 2023 Whatcom County Budget, request no. 7, in the amount of 2,880,144

Kershner reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

AB2023-299

Enactment No: ORD 2023-030

Ordinance amending the project budget for the Way Station Project Fund, request no. 2

Kershner reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

4. AB2023-228

Request approval to send a letter regarding proposed legislation to increase truck size and weight

Kershner reported for the Public Works and Health 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 Nay: 0

Enactment No: ORD 2023-031

(From Council Public Works and Health Committee)

Aye: 4 – Buchanan, Donovan, Frazey, and Galloway Nay: 3 – Byrd, Elenbaas, and Kershner

(From Council Planning and Development Committee)

5. AB2023-312

Resolution relating to a schedule for joint County and City review of Urban Growth Areas

Elenbaas reported for the Planning and Development Committee and moved that the Resolution be APPROVED. The motion carried by the following vote:

Aye: 7 – Nay: 0

Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Whatcom County

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Enactment No: RES 2023-013

(From Council Committee of the Whole)

6. AB2023-313

Discussion and motion to approve the Public Participation Plan for Whatcom County Comprehensive Plan and Development Regulation Amendments

Buchanan reported for the Committee of the Whole 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

Nay: 0 (No Committee Assignment)

7. AB2023-318

County Executive requests approval of the Economic Development Investment (EDI) Board’s recommendation for funding to support the Atwood Road Culvert Replacement project from Whatcom County Drainage Improvement District 7

Byrd moved and Elenbaas seconded that the Special Executive Only Item be APPROVED.

Satpal Sidhu, County Executive, gave a history of this item. He stated this is rare that we use Economic Development Investment (EDI) funds, but the situation keeps getting worse and the EDI board took a hard look at it and approved it unanimously.

Tyler Schroeder, Director of Administrative Services, answered whether this is from the thirty percent that can be used for the County’s general government purposes and stated it is from the seventy percent of the EDI fund that is out for grants and loans. He answered whether it is both a grant and a loan and state it is.

Councilmembers and Sidhu discussed a concern of Frazey that this is not what we use EDI funds for, and what scoring metric was used.

Councilmembers voted on the item (see vote and motion below) and then continued to discuss the scoring mechanism and whether it should be brought into a committee for more discussion.

Schroeder stated the EDI Board meeting notes are in the packet and they talked about how the board does the budgeting process.

Sidhu stated last year they did not distribute money because of COVID-19

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Council

2. AB2023-302

Appointment to a vacancy on the Business and Commerce Advisory Committee, higher education representative, Applicant(s): Barry Robinson

Frazey moved and Byrd seconded that the Council Appointment Requiring Introduction be APPOINTED. The motion carried by the following vote:

Aye: Nay:

so the fund balance was high, and several other things happened, but they will work on the scoring mechanism. They are encouraging the cities to plan ahead of time what they will need for the next two years and where they would need EDI funding and that way the Council can weigh in on the requests.

Byrd’s motion that the Special Executive Only Item REQUEST be APPROVED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

1. AB2023-289

Appointment to a vacancy on the Sumas/Everson/Nooksack Flood Control Subzone Advisory Committee, Applicant(s): Jerry Juergens (Council Acting as the Flood Control Zone District Board of Supervisors)

Byrd moved and Kershner seconded that the Council Appointment Requiring Introduction be APPOINTED. The motion 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. AB2023-319

Request confirmation of the County Executive’s appointments to the Public Defense Advisory Committee

Kershner read the names of the appointees and moved that the Executive Appointment be CONFIRMED. The motion was seconded by Galloway.

Councilmembers discussed whether Elenbaas needs to recuse himself since he is an appointee and concurred that he did not.

Kershner’s motion that the Executive Appointment be CONFIRMED carried by the following vote:

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Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

ITEMS ADDED BY REVISION

1. AB2023-331

Request authorization for the County Executive to award bid #23-35 and enter into a contract between Whatcom County and Lynden Tribune & Print Co. for the design, production, and distribution of primary and general election voters’ pamphlets in the amount of not to exceed $60,000

Byrd moved and Kershner seconded that the Contract be AUTHORIZED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

INTRODUCTION ITEMS

1. AB2023-324

Elenbaas moved and Kershner seconded to introduce items one and two and they voted on those (see motion and votes below).

Ordinance amending the Whatcom County Budget, request no. 8, in the amount of $2,557,297

Elenbaas moved and Kershner seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

2. AB2023-326

Ordinance authorizing an interfund loan for the purchase of floodplain land near Acme, Wa

Elenbaas moved and Kershner seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

3. AB2023-309

This item was considered separately. See below.

Whatcom County Page 13 Printed on 7/4/2023

Ordinance adopting amendments to Whatcom County Code Title 20, Zoning, to regulate short-term vacation rentals

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=1006716&GUID=E1D49216-C162-49E5-8112-183CA1F6A4FF&Options=info|&Search= ]

INTRODUCTION ITEMS CONSIDERED SEPARATELY

3. AB2023-309

Ordinance adopting amendments to Whatcom County Code Title 20, Zoning, to regulate short-term vacation rentals

Elenbaas moved to (withdraw this item from Introduction and) refer it back to the Planning and Development Committee. The motion was seconded by Byrd.

Elenbaas spoke about why he would not like to introduce this item yet and Councilmembers discussed the motion.

Elenbaas’ motion that the Ordinance Requiring a Public Hearing be WITHDRAWN and referred back to committee carried by the following vote:

Aye: 4 – Byrd, Elenbaas, Galloway, and Kershner Nay: 3 – Buchanan, Donovan, and Frazey

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

Donovan read a motion from the Committee of the Whole Executive Session and moved to authorize the Whatcom County Executive to execute the proposed Agreed Order (No. DE 21650) between Whatcom County and the State of Washington, Department of Ecology. The motion was seconded by Galloway.

The motion carried by the following vote:

Aye: 6 – Elenbaas, Frazey, Galloway, Buchanan, Byrd, and Donovan Nay: 0

Abstain: 1 – Kershner

Councilmembers gave Committee reports and other updates.

Tyler Schroeder, Director of Administrative Services, asked about the meeting that Elenbaas attended in the Blaine School District about opioids in school and whether Greg Thompson (the County’s Co-Health Officer) was there. He stated they were able to give that presentation to the County’s department heads and it was quite powerful. It may be something that, if the whole Council has not seen it, they can work with Director Lautenbach to get it scheduled in the Public Health Advisory Board (PHAB) or Public Works and Health Committee.

Satpal Sidhu, County Executive, stated there were 89 fentanyl deaths last year and the majority of those were people under 28 years of age. There are 33 deaths already in the first quarter of this year.

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Council

Minutes – Final

May 9, 2023

Galloway asked if there is Council interest in requesting the PHAB to consider an emergency declaration or public health crisis in order to elevate the fentanyl issue.

Elenbaas asked if the Council can make an emergency declaration. Councilmembers continued their updates.

Sidhu updated the Councilmembers on Jim Karcher’s (Public Works Department) retirement and stated they have appointed Doug Ranney as the new County Engineer as of July1, 2023.

Dana Brown-Davis, Clerk of the Council, let the Councilmembers know that she will be working to schedule a joint Health Board and PHAB meeting for June 13, 2023 at 1 p.m. to discuss standing up the multi-jurisdictional group regarding the opioid epidemic.

ACTION SUMMARY: Motion approved 6-0-1 with Kershner abstaining to authorize the Whatcom County Executive to execute the proposed Agreed Order (No. DE 21650) between Whatcom County and the State of Washington, Department of Ecology.

ADJOURN

The meeting adjourned at 9:34 p.m.

The County Council approved these minutes on June 6, 2023. ATTEST:

______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Barry Buchanan, Council Chair

Whatcom County

Page 15

Printed on 7/4/2023

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Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, May 23, 2023 6 PM

Hybrid Meeting

HYBRID MEETING (PARTICIPATE IN-PERSON, SEE REMOTE JOIN INSTRUCTIONS AT http://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 Minutes – Final May 23, 2023

COUNTY COUNCIL CALL TO ORDER

ROLL CALL Present:

FLAG SALUTE

Council Chair Barry Buchanan called the meeting to order at 6:01 p.m. in a hybrid meeting.

7 – Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey, Kaylee Galloway, and Kathy Kershner

ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

There was no report.

MINUTES CONSENT

1. MIN2023-035 Health Board for May 2, 2023

Kershner moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

OPEN SESSION

The following people spoke:

· Matt Small

· Cliff Langley

· Natalie Chavez

· Perry Eskridge

· Misty Flowers

Hearing no one else, Buchanan closed the Open Session.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

Kershner reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through eight. Councilmembers voted on those items (see votes on individual items

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1. AB2023-330

below).

Request authorization for the County Executive to enter into a contract between Whatcom County and the City of Everson to participate in the Floodplain Integrated Planning (FLIP) process, in the amount of $24,000.00 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Kershner reported for the Finance and Administrative Services Committee and moved that the Contract (FCZDBS) be AUTHORIZED BY CONSENT. The motion carried by the following vote:

2. AB2023-336

Request authorization for the County Executive to award bid #23-22 and enter into a subsequent contract between Whatcom County and Herron Valley, Inc. DBA Bayside Services, for the annual street sweeping and cleaning services of the Lake Whatcom and Lake Samish watershed areas, in the amount of $85,000

Kershner reported for the Finance and Administrative Services Committee and moved that the Bid Award be AUTHORIZED BY CONSENT. The motion carried by the following vote:

3. AB2023-339

Request authorization for the County Executive to enter into a Project Agreement between Whatcom County and the County Road Administration Board (CRAB), for the Everson-Goshen Road Pavement Rehabilitation Project, for Rural Arterial Program (RAP) funding, in the amount of $108,000

Kershner reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

4. AB2023-340

Request authorization for the County Executive to enter into a Project Agreement Amendment No. 2 with the County Road Administration Board (CRAB), for the Hampton Road Pavement Rehabilitation Project, for Rural Arterial Program (RAP) funding, in the amount of $1,092,000

Kershner reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

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5. AB2023-342

Request authorization for the County Executive to enter into a contract between Whatcom County and Catholic Community Services to operate the permanent supportive housing facility known as Francis Place, in the amount of $170,041

Kershner reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7. AB2023-347

Request authorization for the County Executive to enter into an interagency reimbursement agreement between Whatcom County and State of Washington Administrative Office of the Courts for funding to enhance an audio visual system in a Superior Court courtroom not to exceed $100,000.00

Kershner reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

8. AB2023-348

Request authorization for the County Executive to enter into an agreement between Whatcom County and Justice AV Solutions (JAVS) for equipment to upgrade the audio visual recording system in Superior Court Courtroom 4C not to exceed $69,318.59

Kershner reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

6. AB2023-344

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Whatcom Family & Community Network to provide youth prevention programs in the amount of $85,452 for a total amended contract amount of $230,452

Kershner reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

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Aye: Nay:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

OTHER ITEMS

(From Council Finance and Administrative Services Committee)

1. AB2023-324

Ordinance amending the Whatcom County Budget, request no. 8, in the amount of $2,557,297

Kershner reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED.

Elenbaas stated he does not agree with one of the items in here so he cannot vote yes.

Kershner’s motion that the Ordinance be ADOPTED carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner

1 – Elenbaas

Enactment No: ORD 2023-032

Ordinance authorizing an interfund loan for the purchase of floodplain land near Acme, Wa

Kershner reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED.

Elenbaas stated this is related to why he voted no on the previous item. He does not think a good solution to flooding issues is buying up farmland so it can flood. One of the most crippling things we have done to agriculture land, as we look at protecting agriculture, is conservation easements, so it is for that reason that he will not support this budget item.

Kershner’s motion that the Ordinance be ADOPTED carried by the following vote:

6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner 1 – Elenbaas

Enactment No: ORD 2023-033

Request authorization for the County Executive to enter into a Local Agency Agreement between Whatcom County and Washington State Department of Transportation (WSDOT) to receive state funding for the Lummi Island Ferry Replacement & System Modernization Project in the amount of $5.3 million

Aye: Nay:

2. AB2023-326

Aye: Nay:

3. AB2023-337

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1. AB2023-309

Ordinance adopting amendments to Whatcom County Code Title 20, Zoning, to regulate short-term vacation rentals

Galloway moved and Frazey seconded that the SUBSTITUTE Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING.

Councilmembers discussed the Ordinance.

Dana Brown-Davis, Clerk of the Council, stated this item is scheduled to have a public hearing in two weeks.

Councilmembers discussed that this Ordinance with Exhibit A will not go to committee again but the actual short-term rental regulations will. This is the definitions that will be attached to the Shoreline Management Plan.

Donovan stated he wanted to add it to a committee so we can have the Council discussing this as the whole Council.

Buchanan moved to have a work session on this at the next meeting in Committee of the Whole but there was already a motion on the floor.

Elenbaas stated the code amendments are in two sections so section one (this item) moves forward. Then section two will come as its own separate amendment and go through committee.

Galloway’s motion that the SUBSTITUTE Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING carried by the following vote:

Aye: Nay:

Kershner reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

ITEMS ADDED BY REVISION

There were no agenda items added by revision.

INTRODUCTION ITEMS

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

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Kershner moved to rescind the motion approved May 9 to not allocate $750,000 to the Lighthouse Mission. The motion was seconded by Buchanan.

Councilmembers discussed whether this would be putting the funds back into the unallocated pool.

The motion carried by the following vote:

Aye: 5 – Buchanan, Byrd, Donovan, Elenbaas, and Kershner Nay: 1 – Frazey

Abstain: 1 – Galloway

Kershner moved to request that the Administration bring forward a contract with the Lighthouse Mission to fund kitchen equipment and specialty shelter furnishings, funded from ARPA, in the amount of $750,000. The motion was seconded by Buchanan.

The motion carried by the following vote:

Aye: 4 – Byrd, Elenbaas, Kershner, and Buchanan Nay: 1 – Frazey

Abstain: 2 – Donovan and Galloway

Councilmembers gave committee reports and other updates.

Byrd spoke about a letter the Council considered in April regarding the North Cascades Ecosystem Grizzly Bear Restoration Plan/Environmental Impact Statement (AB2023-272 and AB2023-316). He stated he heard from Valentino Villaluz from the Swinomish Tribe regarding Whatcom County asking for a seat to be on the North Cascades Interagency Grizzly Bear Committee and asked whether that is something Council would be interested in.

Dana Brown-Davis, Clerk of the Council, stated she received an email from one of the clerks in one of the other counties stating the board did not have seats available anymore.

Byrd stated Villaluz told him the board did not have seats for the other counties either but set them up when those two other councils approached them. He wonders if it is worth reaching back out and specifically requesting that they have a seat if the Council is interested in having one.

Councilmembers discussed whether they would like a seat.

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ACTION SUMMARY:

ADJOURN

Byrd moved that we ask staff to reach back out to that board and specifically request a seat for a Whatcom County councilmember on the basis that the habitat impacts Whatcom County the most. The motion was seconded by Elenbaas.

Councilmembers discussed the motion.

The motion carried by the following vote:

Aye: 5 – Elenbaas, Galloway, Kershner, Buchanan, and Byrd, Nay: 0

Abstain: 2 – Frazey and Donovan

Councilmembers continued with Councilmember updates.

Motion approved 5-1-1, with Frazey opposed and Galloway abstaining, to rescind the motion approved May 9 to not allocate $750,000 to the Lighthouse Mission.

Motion approved 4-1-2 with Frazey opposed and Donovan and Galloway abstaining, to request that the Administration bring forward a contract with the Lighthouse Mission to fund kitchen equipment and specialty shelter furnishings, funded from ARPA, in the amount of $750,000.

Motion approved 5-0-2, with Frazey and Donovan abstaining, that they ask staff to reach back out to the board (North Cascades Interagency Grizzly Bear Committee) and specifically request a seat for a Whatcom County councilmember on the basis that the habitat impacts Whatcom County the most.

The meeting adjourned at 6:51 p.m.

The County Council approved these minutes on June 6, 2023. ATTEST:

______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Barry Buchanan, Council Chair

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Council Minutes – Final May 23, 2023

SIGNED COPY ON FILE

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****************************

Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, June 6, 2023 6 PM

Hybrid Meeting

HYBRID MEETING (PARTICIPATE IN-PERSON, SEE REMOTE JOIN INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010), AGENDA REVISED 6.5.2023

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.

COUNTY COUNCIL CALL TO ORDER

ROLL CALL Present:

FLAG SALUTE

Council Chair Barry Buchanan called the meeting to order at 6:03 p.m. in a hybrid meeting.

7 – Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey, Kaylee Galloway, and Kathy Kershner

ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

There was no report.

MINUTES CONSENT

1. MIN2023-036

Aye:

Nay:

2. MIN2023-037

Aye:

Nay:

3. MIN2023-038

Aye:

Nay:

4. MIN2023-039

Kershner moved to accept the minutes consent items. The motion was seconded by Byrd (see votes on individual items below).

Committee of the Whole Executive Session for May 9, 2023

Kershner moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Committee of the Whole for May 9, 2023

Kershner moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Regular County Council for May 9, 2023

Kershner moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Committee of the Whole for May 23, 2023

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Kershner moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

Nay: 0

MIN2023-040 Regular County Council for May 23, 2023

Kershner moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

SPECIAL PRESENTATION

1. AB2023-359 Whatcom County Executive Sidhu’s “State of the County” address

This agenda item was WITHDRAWN. PUBLIC HEARINGS

1. AB2023-309

Ordinance adopting amendments to Whatcom County Code Title 20, Zoning, to regulate short-term vacation rentals

Cliff Strong, Planning and Development Services Department, stated he was available for questions.

Kershner asked whether they would be voting on the Ordinance or on the definition of short-term rental and Elenbaas stated they are voting on the substitute Ordinance which is what was introduced.

Strong stated this Ordinance is just a definition and allowance in certain zones.

Buchanan opened the Public Hearing and the following people spoke: · Bruce Parelskin

Hearing no one else, Buchanan closed the Public Hearing.

Elenbaas moved and Galloway seconded that the (introduced) Ordinance Requiring a Public Hearing be ADOPTED.

Councilmembers discussed the motion and whether the Ordinance should include the references to directing staff to come up with the regulatory

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Aye: Nay:

2 – 4 –

Elenbaas, and Kershner

Buchanan, Byrd, Donovan, and Frazey

structure.

Strong stated staff had asked the Council to hold off on voting on the

second part (Attachment A) because that will take some time to hire a consultant or vendor. The Council had also expressed an interest in seeing what this registration fee would be and they wanted staff to bring that back if this portion is adopted.

Kershner pointed out a scrivener’s error for the public hearing date in the draft Ordinance.

Frazey asked when Attachment A would come back to the Council and Strong stated it would be as soon as possible but it depends on the vendor being able to set it all up and get it tailored for Whatcom County and to get the vendor under contract. He anticipates three months at a minimum.

Clerk’s note: There were technical difficulties in the middle of this item. Councilmembers made a motion and began to discuss the item, then there was a break for just over 30 minutes, after which they continued with the discussion and the vote. The meeting has “pause” space from about time mark 00:17:00 when the difficulties began, to 00:25:42 when the recording was re-started (some of the pause was not recorded).

Donovan stated according to the original Ordinance, his sense is that it was the intent to include the language (Finding of Fact number eleven and Now Therefore be it Ordained Section 2) about directing Planning staff so he does not understand why they would go forward with something that is telling the public they are not going to do that.

Kershner asked whether Strong received the letter from Whatcom Association of Realtors and Strong stated he did.

Councilmembers discussed the Ordinance and whether there should be registration and regulations.

Strong answered how this would get past the Department of Ecology if they take out the part of registration and regulations and Councilmembers continued to discuss the motion.

Elenbaas’s motion that the Ordinance Requiring a Public Hearing be ADOPTED failed by the following vote:

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Council Minutes – Final June 6, 2023 Abstain: 1 – Galloway

Clerk’s note: There were technical difficulties in the middle of this item. Councilmembers made a motion and began to discuss the item, then there was a break for just over 30 minutes, and then they continued with the discussion and the vote. The meeting has “pause” space from about time mark 00:17:00 when the difficulties began, to 00:25:42 when the recording was re-started (some of the pause was not recorded).

OPEN SESSION

The following people spoke:

· Renee Johnson

· Kamille Scellick

· Megan Britson

· Dick Huntley

· Jennifer Bruner

· Kiale Staveland

· Lyle Sorenson

· Aleksey Shkurat

· Kirsten Smith

· Bruce and Debra Parelskin

· Name not audible

· Misty Flowers

· Wendy Harris

Hearing no one else, Buchanan closed the Open Session.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

1. AB2023-345

Aye:

Kershner reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one and three through six (item number two was voted on separately below). Councilmembers voted on those items (see votes on individual items below).

Request authorization for the County Executive to enter into a contract between Whatcom County and Whatcom Dispute Resolution Center to provide eviction prevention resolution services, in the amount of $69,000

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:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

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2. AB2023-363 Request authorization for the County Executive to enter into a contract between Whatcom County and the Lighthouse Mission Ministries for the provision of kitchen

equipment and room furnishings in the amount of $750,000 This item was considered separately (see below).

3. AB2023-366

Aye:

Nay:

4. AB2023-367

Aye:

Nay:

5. AB2023-352

Aye:

Nay:

6. AB2023-371

Request authorization for a Letter of Understanding between Whatcom County and the Fraternal Order of Police, Matt Herzog Memorial Lodge #24, to amend the Collective Bargaining Agreement for the period January 1, 2022 – December 31, 2024

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:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Request authorization for the County Executive to enter into a Collective Bargaining Agreement between Whatcom County and General Teamsters’ Local Union 231 Master Collective Bargaining Unit for the period January 1, 2023 – December 31, 2025

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:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington Traffic Safety Commission for Drug Recognition Expert (DRE) overtime funding, in the amount of $3,000.00

Kershner reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Request authorization for the County Executive to enter into an interlocal loan and grant agreement between Whatcom County and Whatcom County Drainage Improvement District 7 in support of the Atwood Road Culvert Replacement project

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OTHER ITEMS (From Council Finance 1. AB2023-378

Aye: Nay:

and Administrative Services Committee)

Request approval of letter of support for Mental Health Court

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:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Aye: Nay:

in the amount of $500,000

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:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

CONSENT AGENDA ITEMS CONSIDERED SEPARATELY

2. AB2023-363

Request authorization for the County Executive to enter into a contract between Whatcom County and the Lighthouse Mission Ministries for the provision of kitchen equipment and room furnishings in the amount of $750,000

Kershner reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion was seconded by Byrd. The motion carried by the following vote:

Aye: 4-

Nay: 1- Abstain: 2-

Buchanan, Byrd, Elenbaas, and Kershner Frazey

Donovan, and Galloway

(No Committee Assignment)

2. AB2023-155

Ordinance amending Whatcom County Code 2.128, Business and Commerce Advisory Committee, to revise membership

Kershner moved that the Alternate (Kershner) proposed Ordinance be ADOPTED. The motion was seconded by Byrd.

Kershner explained the differences between this and the amended Ordinance from May 23 and stated that the voting members were taken out of it for K-12 education.

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Aye: Nay:

Galloway moved to amend Subsection D (2) to add a statement, “and one non-voting member representing public K-12 education.”

Kershner accepted Galloway’s motion as a friendly amendment.

Donovan asked whether this would bring the total membership to an odd number and Kershner stated the total voting membership will be an odd number.

Kershner’s motion that the SUBSTITUTE (alternate) Ordinance be ADOPTED AS AMENDED carried by the following vote:

5 – Buchanan, Donovan, Frazey, Galloway, and Kershner 2 – Byrd, and Elenbaas

Enactment No: ORD 2023-034

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

1. AB2023-377

Appointment of one Councilmember to serve on the North Cascades Interagency Grizzly Bear Committee

Frazey moved and Buchanan seconded that Elenbaas be APPOINTED. Galloway stated she was going to nominate Donovan.

Councilmembers discussed what the group is, what the ask is, what they are committing by doing this, and what the appointed person will do.

Byrd stated the purpose is to have an active role in the conversation and the decision-making as it moves forward.

Donovan stated he has not been excited about the whole process because he sees that it is coming from a place of opposition to reintroduction. This county has approved resolutions (at least once) saying that we are in favor of reintroduction of the grizzlies from other areas and not relying on the natural re-growth here because that is not going to work.

Elenbaas stated this process is happening, and if you do not get involved, you do not get input. His intent would be for them to have input because the majority of the habitat that these bears are going to be in is Whatcom County and that will affect us. He spoke about the reasons he volunteered to be on the committee and his past involvement and knowledge in the subject. He answered whether he is in favor of reintroducing grizzlies in the

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1. AB2023-360

Request confirmation of the County Executive’s appointments of Alana Pattermann and Terry Bornemann to the Housing Authority of Whatcom County

Byrd moved and Kershner seconded that the Executive Appointment be CONFIRMED. The motion carried by the following vote:

Aye:

Nay:

Cascades and stated he has been torn on it the entire time because there are both benefits and drawbacks.

Galloway requested that Elenbaas keep the Council informed on what he is learning at the meetings.

Donovan stated he will dust off a letter that Council received from Conservation Northwest to take this position on reintroducing the grizzly bear and bring that forward.

Frazey’s motion that Elenbaas be APPOINTED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Councilmember Elenbaas was appointed.

CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

2. AB2023-373

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Whatcom County

Request confirmation of the County Executive’s appointment of Loraine Boland to the Public Facilities District

Byrd moved and Kershner seconded that the Executive Appointment be CONFIRMED.

Tyler Schroeder, Director of Administrative Services, answered why the application says “City of Bellingham Boards and Commissions Application,” and stated he does not truly know the answer, but it is the Bellingham Public Facilities District so he is assuming that the County has a role in recognizing and approving certain members on that public facility district.

Byrd’s motion that the Executive Appointment be CONFIRMED carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

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Nay: 0

ITEMS ADDED BY REVISION

1. AB2023-372

Resolution adopting an amendment to the Unified Fee Schedule increasing the fees at the Birch Bay Lynden and Cedarville drop box facilities

Kershner reported for the Finance and Administrative Services 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 2023-014

INTRODUCTION ITEMS

1. AB2023-374

Galloway moved to introduce items one through seven. The motion was seconded by Frazey.

Elenbaas stated he would like to make a motion to amend the motion to not introduce number seven and to send that to Committee.

Buchanan stated they could just vote on item seven separately.

Galloway amended her motion and moved to introduce items one through six. The motion was seconded by Frazey. Councilmembers voted on those items (see votes on individual items below).

Ordinance amending the 2023 Whatcom County Budget, request no. 9, in the amount of $842,550

2. AB2023-375

Galloway moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Whatcom County

Ordinance amending the project budget for the Hovander Park Building Improvements Project, request no. 1

Galloway moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

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3. AB2023-354

Ordinance adopting amendments to the Six-Year Capital Improvement Program for Whatcom County Facilities 2023-2028

Galloway moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Nay: 0

4. AB2023-356

Ordinance adopting Zoning Code amendments relating to density, lot size, setbacks, public water and sewer, and reasonable measures for the Birch Bay UGA

Galloway moved and Frazey seconded that the Ordinance 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

5. AB2023-361

Appointment to vacancies on the Public Health Advisory Board, Applicant(s): Matthew Durkee, Madison Emry, Robyn Phillips-Madson

Galloway moved and Frazey seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:

6. AB2023-349

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Resolution granting a Quitclaim Right of Way Deed to the City of Lynden

Galloway moved and Frazey 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

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7. AB2023-387 Ordinance adopting amendments to Whatcom County Code Title 20 (Zoning) to

regulate short-term/vacation rentals This item was considered separately below.

INTRODUCTION ITEMS CONSIDERED SEPARATELY

7. AB2023-387

Ordinance adopting amendments to Whatcom County Code Title 20 (Zoning) to regulate short-term/vacation rentals

Donovan moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING.

Elenbaas stated he would like to see this (especially the regulation portion) in Committee for more discussion because he feels it needs more work. He stated just because the Council does not regulate something does not mean it is unregulated.

Councilmembers discussed whether it can go to Committee after being introduced, whether introducing it takes away Planning and Development Staff’s ability to go back and make amendments, and taking more time in order to incorporate recommendations from the public.

Dana Brown-Davis, Clerk of the Council, stated the general course of action for this type of file is to introduce it for a public hearing in two weeks, so if the Council wants to do something different it should be specified in a motion.

Elenbaas stated he wants to make a motion that this does not get introduced for a public hearing in two weeks but that it goes to Committee.

Donovan accepted that as a friendly amendment and amended his motion to introduce this item for a public hearing, but send it back to the Planning and Development Committee before we have a public hearing.

Donovan’s motion that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING and REFERRED to the Council Planning and Development Committee carried by the following vote:

Aye: 6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner Nay: 1 – Elenbaas

Introduced and sent to the Planning and Development Committee before being scheduled for a public hearing

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

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Council

Minutes – Final

June 6, 2023

ADJOURN

Councilmembers gave committee reports and other updates.

Elenbaas spoke about getting the word out to the public regarding public hearings and possibly doing that through social media.

Galloway stated she wanted to bring up fireworks for consideration.

The meeting adjourned at 8:19 p.m.

The County Council approved these minutes on June 20, 2023. ATTEST:

______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Barry Buchanan, Council Chair

Whatcom County

Page 12

Printed on 7/24/2023

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Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, June 20, 2023 6 PM

Hybrid Meeting

HYBRID MEETING (PARTICIPATE IN-PERSON, SEE REMOTE JOIN INSTRUCTIONS AT http://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.

https://whatcom.legistar.com/View.ashx?M=M&ID=1007050&GUID=49122412-89CC-4D64-9A55-6EE186540EC7

Council Minutes – Final June 20, 2023

COUNTY COUNCIL CALL TO ORDER

ROLL CALL Present:

FLAG SALUTE

Council Chair Barry Buchanan called the meeting to order at 6 p.m. in a hybrid meeting.

7 – Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey, Kaylee Galloway, and Kathy Kershner

ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

There was no report.

MINUTES CONSENT

1. MIN2023-041

Aye:

Nay: Temp Absent:

2. MIN2023-042

Aye:

Nay: Temp Absent:

Galloway moved to accept the minutes consent items. The motion was seconded by Byrd (see votes on individual items below).

Committee of the Whole for June 6, 2023

Galloway moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Elenbaas, Frazey, Galloway, and Kershner 0

1 – Donovan

Regular County Council for June 6, 2023

Galloway moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Elenbaas, Frazey, Galloway, and Kershner 0

1 – Donovan

SPECIAL PRESENTATION

1. AB2023-359 Whatcom County Executive Sidhu’s “State of the County” address

Satpal Sidhu, County Executive, read his address (on file).

This agenda item was REPORTED.

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Council Minutes – Final June 20, 2023 PUBLIC HEARINGS

1. AB2023-349

Resolution granting a Quitclaim Right of Way Deed to the City of Lynden

Andrew Hester, Public Works Department, stated he is available for questions.

Buchanan opened the Public Hearing and hearing no one, closed the Public Hearing.

Kershner moved and Elenbaas seconded that the Resolution Requiring a Public Hearing be APPROVED.

Elenbaas stated they had a robust discussion on this item in committee.

Kershner’s motion that the Resolution Requiring a Public Hearing be APPROVED carried by the following vote:

2. AB2023-354

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

Enactment No: RES 2023-015

Ordinance adopting amendments to the Six-Year Capital Improvement Program for Whatcom County Facilities 2023-2028

Matt Aamot, Planning and Development Services Department, briefed the Councilmembers.

Buchanan opened the Public Hearing and hearing no one, closed the Public Hearing.

Byrd moved and Frazey seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Elenbaas spoke about trails and parks listed and stated he feels we could be better served if we invested these monies toward other things because we do a great job of providing activities, parks, and trails already.

Byrd’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

Aye: 6 – Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner Nay: 1 – Elenbaas

Enactment No: ORD 2023-035

Whatcom County

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Minutes – Final June 20, 2023

Ordinance adopting Zoning Code amendments relating to density, lot size, setbacks, public water and sewer, and reasonable measures for the Birch Bay UGA

Matt Aamot, Planning and Development Services Department, briefed the Councilmembers.

Buchanan opened the Public Hearing and the following people spoke:

· Laurie Poms Nelson

· Carol Donovan

Hearing no one else, Buchanan closed the Public Hearing.

Byrd moved and Frazey seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Councilmembers discussed the public comments, the need for infrastructure as densities increase, and the fact that that will fall on the Council to think about as they are budgeting and making land use policy in the future.

Byrd’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0

AB2023-258

Enactment No: ORD 2023-036

Ordinance amending Whatcom County Code 10.34, Ferry Rates

Buchanan gave a history on this item and stated it was a hearing that was carried over from April 25th. Normally they do not allow speakers to speak more than once in a public hearing but he suggested they allow it and asked whether there were any objections from Council.

Kershner stated she objected to allowing people to speak twice on a public hearing and Councilmembers discussed whether they should allow people who have already spoken to speak again tonight.

Buchanan moved to allow speakers who had spoken on this public hearing on April 25th to speak again. The motion was seconded by Frazey.

Councilmembers discussed the motion.

The motion carried by the following vote:

AB2023-356

Aye:

Whatcom County

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Council

Minutes – Final June 20, 2023 Aye: 6 – Frazey, Galloway, Buchanan, Byrd, Donovan, and Elenbaas

Nay: 1 – Kershner

Elizabeth Kosa, Public Works Department Director, stated they do not have

a staff report but they are available for discussion.

Buchanan opened the Public Hearing and the following people spoke:

· Bob Anderson

· Diane Harper

· Pam Gould

· Ralph Steele

· Marissa Orada

· Steven Thomas

· Catherine Shornick

· Dan Ohms

· David Cummins

· Todd Lagestee

· David Kershner

· Janice Holmes

· Peter (last name not given)

Hearing no one else, Buchanan closed the Public Hearing.

Galloway stated she is conflicted because she feels good about this Ordinance but she also wants to honor the concerns and feedback they are hearing from the community.

Elizabeth Kosa, Public Works Department Director, answered whether Public Works would have any issues if Council were to keep this open for another month. She stated it affects how much time they have to work on doing a fare increase, which they have to do.

Kershner stated she is interested in knowing what the Council-appointed Lummi Island Ferry Advisory Committee (LIFAC) recommends. It sounds like there is no LIFAC recommendation at this time, but she asked that the advisory committee vote at their next meeting on whether or not they recommend the Ordinance. She does not know at this point if using American Rescue Plan Act (ARPA) funds is a reality depending on whether the related Resolution (AB2023-403) gets approved. We may have erased the deficit but we have not changed the declining trajectory so we are going to have to raise the rates.

Whatcom County

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Minutes – Final June 20, 2023

Aye:

Donovan moved to hold this for a month (to the July 25th meeting). The motion was seconded by Galloway.

Councilmembers discussed when LIFAC meets again and what their discussions have been, having some time to get a good definition and background of what is considered capital and what is considered operational expense, whether the public hearing should be closed or kept open if they hold the Ordinance, hearing from rural residents that do not live on Lummi Island but would have to pay the tax, looking at the current percentage of what rural residents pay for the operation of the ferry, coming back to the 55/45 percent fare box recovery rate split and maybe making changes to that if they pass the Resolution that puts more of the Road Fund into the fair box recovery, and giving clarity in the next LIFAC meeting that ARPA dollars are no longer on the table.

Councilmembers discussed whether the hearing should be left open. Donovan stated he would say to leave it open but he would like it to come back to the Council to discuss some of the issues and then it would probably have to be re-introduced.

Buchanan officially closed the public hearing.

Councilmembers discussed that this item could go back to the Public Works and Health Committee for further discussion.

Kosa stated the new Ordinance change just allows for the use of ARPA funds for the ferry fees portion of the equation but it does not specify how much. That is a totally different decision. She answered whether there was going to be a recommendation from Public Works on what gap still exists after all of this or whether they have moved past that because of the Resolution clearing up the gap, and she stated it depends on the decision made on the Resolution.

Kershner stated the decision to use ARPA money would be a Council decision and they cannot actually use it until the Ordinance is updated. In the meantime, the proposed Resolution has erased the deficit so she does not plan on bringing up the use of ARPA dollars if there is no deficit.

Donovan moved and Galloway seconded that the Ordinance Requiring a Public Hearing be discussed in Committee and HELD IN COUNCIL for a month. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner

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Minutes – Final

June 20, 2023

Nay: 0

Enactment No: ORD 2023-045

Held for a month and will be referred to the Public Works Committee

OPEN SESSION

The following people spoke:

· Davis Wright

· Christopher Deile

· Jeremiah Winchester

· Lela Boyd

· Harmony Hayes

· Keller Larsen

· Tad Shetler

· Dana Hansen

· Nick Sutterley

· Lyle Sorenson

· Kim Cochran

· Jeff Holmes

· Jim Sutterfield

· Cliff Langley

· Natalie Chavez

· Wendy Harris

· Joy Gilfilen

· Misty Flowers

· Name not given

Hearing no one else, Buchanan closed the Open Session.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

1. AB2023-381

Kershner reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through eleven. Councilmembers voted on those items (see votes on individual items below).

Request authorization for the County Executive to enter into a contract between Whatcom County and Jessica Dubek, DDS to provide Dental Services for inmates at the Whatcom County Jail and Work Center in the amount of $36,000

Whatcom County

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Minutes – Final June 20, 2023

2. AB2023-385

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and The Language Exchange to provide language translation and interpreter services in the amount of $29,600 for a total amended contract amount of $83,600

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:

4. AB2023-392

Request authorization for the County Executive to enter into a contract amendment for Local Agency Agreement Supplemental No. 1 between Whatcom County and the Washington State Department of Transportation, in the amount of $1,974,900, for a total amended amount of $10,972,210.00

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:

5. AB2023-408

Request authorization for County Executive to enter into a contract amendment between Whatcom County and Department of Commerce for pass through funding for direct public services to low and moderate income people in Whatcom, Island and San Juan counties in the amount of $134,000 for a total amended amount of

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

3. AB2023-388

Request authorization for the County Executive to enter into a Contract Amendment for Supplemental Agreement No. 2 between Whatcom County and Geo Test Services, Inc., in the amount of $50,000

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

Whatcom County

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Minutes – Final June 20, 2023

6. AB2023-409

Request authorization for the County Executive to enter into a contract between Whatcom County and Status Electrical Corporation, dba Status Automation to provide design, installation, programming and maintenance of the Digital Video Management System (DVMS) at various Whatcom County facilities, in the amount of $58,975.04

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:

7. AB2023-394

Request authorization for the County Executive to enter into a contract between Whatcom County and the US Army Corps of Engineers (USACE) to repair the Timon Levee along the right bank of the Nooksack River located between the towns of Everson and Lynden, in the amount of $405,207, which is 20% of the total estimated cost of $2,025,984 (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:

$265,000

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. AB2023-395

Request authorization for the County Executive to enter into a contract between Whatcom County and US Army Corps of Engineers (USACE) to repair the Upper Hampton Levee along the right bank of the Nooksack River located between the towns of Everson and Lynden, in the amount of $221,804, which is 20% of the total amount of $1,109,020 (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

Whatcom County

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Minutes – Final June 20, 2023

Aye:

Nay:

9. AB2023-376

Aye:

Nay:

10. AB2023-386

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

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 outline general terms and conditions that govern the work to be performed under agreements between DSHS and Whatcom County

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:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and Snohomish County Health Department to support participation in planning and engagement in youth cannabis and tobacco prevention strategies and activities in the amount of $14,928 for a total amended agreement amount of $97,928

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:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and the US Forest Service for Jail Work Crew Services in the amount of $109,512.00, for a total of $353,520.00

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:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Action and Natural Resources Committee)

Request authorization for the County Executive to enter into a Memorandum of Agreement between the County, Nooksack Indian Tribe, Lummi Nation, and Washington Department of Fish and Wildlife to guide remediation of County culverts

Aye:

Nay: 11. AB2023-389

Aye: Nay:

OTHER ITEMS (From Council Climate 1. AB2023-390

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2. AB2023-374

Aye: Nay:

3. AB2023-375

Aye: Nay:

4. AB2023-382

Whatcom County

Ordinance amending the 2023 Whatcom County Budget, request no. 9, in the amount of $842,550

Kershner reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Enactment No: ORD 2023-037

Ordinance amending the project budget for the Hovander Park Building Improvements Project, request no. 1

Kershner reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

Enactment No: ORD 2023-038

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to support operations at the permanent supportive housing facility known as 22 North in the amount of $304,550 for a total amended contract amount of $838,102

Kershner reported for the Finance and Administrative Services Committee

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Aye: Nay:

that block salmon passage

Galloway reported for the Climate Action and Natural Resources Committee and moved that the Memorandum of Agreement be AUTHORIZED.

Elenbaas stated this is the first time he has seen this kind of collaboration and it will solve more problems than it will not. He will vote in favor in the spirit of collaboration.

Galloway’s motion that the Memorandum of Agreement be AUTHORIZED carried by the following vote:

7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner 0

(From Council Finance and Administrative Services Committee)

Council

Minutes – Final June 20, 2023

and moved that the Contract be AUTHORIZED.

Elenbaas stated 22 North sounded like a good idea but in reality, it did not seem to work very well. Without accountability we get outcomes like we have seen at 22 North and it is time that we fix the situation in its entirety, and this funding will not do that.

Kershner stated she had requested a report and will forward that to Council. She has also asked the Opportunity Council’s director, Greg Winters, or his staff to come and give the Council an update on how things are going there and how the Opportunity Council is managing the program. She will be abstaining.

Elenbaas asked whether holding the funding till Kershner has the information might be more appropriate than abstaining.

Kershner moved to hold the funding until we can have a report from the Opportunity Council on what improvements they have made and how things are going. The motion was seconded by Byrd.

Councilmembers discussed the motion and whether a delay would negatively impact program operations.

Tyler Schroeder, Director of Administrative Services, answered whether the funding is mostly for case management and stated it is. Amendment number four to the contract extended the contract through June thirtieth, 2023 and this is amendment number five, which would extend it until December 2023, so it is time-sensitive.

Councilmembers and Schroeder discussed why this was not presented to Council earlier so they would have time to get clarity and why the Opportunity Council was not present at the meeting, a request that the Opportunity Council come to the Council before a request is on the agenda in the future, holding this and other vendors accountable to present data to the Council before a contract needs to be approved, and considering improvements that have been made to the program.

The motion to hold failed by the following vote: Aye: 3 – Elenbaas, Kershner, and Byrd

Nay: 4 – Donovan, Frazey, Galloway, and Buchanan

Kershner’s motion that the Contract be AUTHORIZED carried by the following vote:

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Aye: Nay:

4 – 3 –

Buchanan, Donovan, Frazey, and Galloway Byrd, Elenbaas, and Kershner

(From Council Public Works and Health Committee)

5. AB2023-403

Resolution on the interpretation and retroactive application of ambiguous language in WCC 10.34.030, Use of Ferry Fee Revenue

Kershner reported for the Public Works and Health Committee.

Donovan moved that the Resolution be APPROVED. The motion carried by the following vote:

Aye: 4 – Buchanan, Donovan, Frazey, and Galloway Nay: 3 – Byrd, Elenbaas, and Kershner

Enactment No: RES 2023-016

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 1. AB2023-361 Appointment to vacancies on the Public Health Advisory Board, Applicant(s):

Matthew Durkee, Madison Emry, Robyn Phillips-Madson

Frazey moved to consider all the applicants. The motion was seconded by Galloway.

Councilmembers discussed that there are two vacancies and asked whether any of them would like to address the Council, but there were none.

Councilmembers voted for two applicants each as follows:

Buchanan: Madison Emry and Robyn Phillips-Madson Byrd: Madison Emry and Robyn Phillips-Madson Donovan: Madison Emry and Robyn Phillips-Madson Elenbaas: Matthew Durkee and Madison Emry Frazey: Madison Emry and Robyn Phillips-Madson Galloway: Madison Emry and Robyn Phillips-Madson Kershner: Madison Emry and Matthew Durkee

Madison Emry and Robyn Phillips-Madson were appointed with seven votes and five votes respectively.

This agenda item was APPOINTED.

Appointed Madison Emry (7 votes) and Robyn Phillips-Madson (5 votes)

2. AB2023-380 Appointment to a vacancy on the Open Space Advisory Committee, Applicant(s):

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Aye:

Nay: Temp Absent:

Gary Cassera

Kershner moved and Galloway seconded that the Council Appointment be APPOINTED.

Elenbaas asked whether the applicant would like to address the Council but the applicant was not present.

Kershner’s motion that the Council Appointment be APPOINTED carried by the following vote:

6 – Buchanan, Byrd, Elenbaas, Frazey, Galloway, and Kershner 0

1 – Donovan

CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

1. AB2023-384

Request confirmation of the County Executive’s appointment of Dylan Deane-Boyle to the Lodging Tax Advisory Committee

Galloway moved and Byrd seconded that the Executive Appointment be CONFIRMED.

Elenbaas asked whether the individual was present but they were not.

Galloway’s motion that the Executive Appointment be CONFIRMED carried by the following vote:

6 – Buchanan, Byrd, Elenbaas, Frazey, Galloway, and Kershner 0

1 – Donovan

Request confirmation of the County Executive’s appointments to the Whatcom Racial Equity Commission (WREC) Appointment Committee

Frazey moved and Galloway seconded that the Executive Appointment be CONFIRMED.

Kayla Schott-Bresler, Strategic Initiatives Special Programs Manager, answered why we are doing it differently with this committee than for any other committee (see Staff memo).

Kershner spoke about the appointees and stated the commission is getting a strong start.

Elenbaas asked whether any of the appointees or alternates were in

Aye:

Nay: Temp Absent:

2. AB2023-400

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Aye:

Nay: Temp Absent:

5 – 1 – 1 –

Buchanan, Byrd, Frazey, Galloway, and Kershner Elenbaas

Donovan

attendance but none were.

Frazey’s motion that the Executive Appointment be CONFIRMED carried by the following vote:

ITEMS ADDED BY REVISION

There were no agenda items added by revision.

INTRODUCTION ITEMS

1. AB2023-397

Aye:

Nay: Temp Absent:

2. AB2023-399

Buchanan reported on the Introduction items and Councilmembers considered each of them separately (item number 4 was reconsidered after the start of Committee Reports. See the first vote below and the second vote after the beginning of Committee Reports).

Ordinance amending Whatcom County Code Chapter 20.14, Wind Energy Systems, and Chapter 20.97, Definitions

Elenbaas moved and Galloway seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

6 – Buchanan, Byrd, Elenbaas, Frazey, Galloway, and Kershner 0

1 – Donovan

Ordinance adopting various amendments to WCC Title 20, Zoning, regarding home-based businesses

Elenbaas and Galloway reported for the Planning and Development Committee.

Elenbaas moved and Galloway seconded that this item come back to the Planning and Development Committee on July 25th, that they would introduce it on August 8th, and that they would take action on September 12th.

The motion carried by the following vote:

Aye: 6 – Galloway, Kershner, Buchanan, Byrd, Elenbaas, and Frazey Nay: 0

Whatcom County

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AB2023-415

Out of the Meeting: 1 – Donovan

This agenda item was DISCUSSED AND MOTION(S) APPROVED.

Ordinance providing for submission of a proposition to the qualified electors of

Whatcom County pursuant to RCW 82.14.450 authorizing the collection of a local sales and use tax of two-tenths of one percent for the purpose of providing funds for costs associated with public health, safety and justice facilities and services, including behavioral health, supportive housing, public safety, and criminal justice facilities and programs

Galloway reported for the Committee of the Whole and stated they discussed trying to schedule an additional special work session, maybe for the coming Monday. She moved to hold introduction on this item until that special work session is scheduled, but a motion was not necessary, so Galloway withdrew her motion. The item was not introduced.

This agenda item was WITHDRAWN.

Ordinance amending Whatcom County Code Section 11.20.025, Flotation Devices on the South Fork of the Nooksack River, to better protect ESA-listed Chinook salmon

Galloway moved to introduce the substitute Ordinance. The motion was seconded by Buchanan. She reviewed the changes made since they discussed it in Committee.

The motion first carried by the following vote (Kershner reconsidered her vote right after the vote (see below):

Aye: 4 – Galloway, Kershner, Buchanan, and Frazey

Nay: 2 – Byrd and Elenbaas

Out of the Meeting: 1 – Donovan

After Kershner reconsidered her vote, the motion to introduce failed by the following vote:

Aye: 3 – Galloway, Buchanan, and Frazey

Nay: 3 – Byrd, Elenbaas, and Kershner

Out of the Meeting: 1 – Donovan

Clerk’s note: This vote was again reconsidered during Committee Reports

(see below).

AB2023-416

Motion to introduce failed 3-3-1, with Byrd, Elenbaas, and Kershner opposed and Donovan out of the meeting, but it was reconsidered below after the start of Committee Reports (see final action on this file below).

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COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES PART 1

Buchanan reported on Committee of the Whole Executive Session. Galloway stated she just saw that Donovan got back onto the meeting and

asked whether she could move to reconsider the vote for AB2023-416. Clerk’s note: See motions and votes on AB2023-416 below and then the

continuation of Committee Reports after that.

INTRODUCTION ITEMS RECONSIDERED

4. AB2023-416

Ordinance amending Whatcom County Code Section 11.20.025, Flotation Devices on the South Fork of the Nooksack River, to better protect ESA-listed Chinook salmon

Galloway moved and Buchanan seconded that they reconsider their vote of AB2023-416.

The motion to reconsider carried by the following vote: Aye: 4 – Buchanan, Donovan, Frazey and Galloway Nay: 3 – Byrd, Elenbaas, and Kershner

Galloway moved and Buchanan seconded that the SUBSTITUTE 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 PART TWO.

ADJOURN

Councilmembers continued to give committee reports and other updates.

Elizabeth Kosa, Public Works Department Director, spoke about upcoming road closures and stated they will be providing more information soon.

Councilmembers continued to discuss updates and other items.

The meeting adjourned at 9:37 p.m.

The County Council approved these minutes on July 25, 2023.

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Minutes – Final

June 20, 2023

ATTEST:

______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Barry Buchanan, Council Chair

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Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, July 11, 2023 6 PM

Hybrid Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=1007093&GUID=EB6D8780-A7ED-41A1-B94C-DAFDD2B40057&Options=info|&Search= ]

HYBRID MEETING (PARTICIPATE IN-PERSON, SEE REMOTE JOIN INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010), AGENDA REVISED 7.10.2023

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.

https://whatcom.legistar.com/View.ashx?M=M&ID=1007093&GUID=EB6D8780-A7ED-41A1-B94C-DAFDD2B40057Council Minutes – Final July 11, 2023

COUNTY COUNCIL CALL TO ORDER

ROLL CALL Present:

Absent: FLAG SALUTE

6 – 1 –

Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey, and Kaylee Galloway

Kathy Kershner

Council Chair Barry Buchanan called the meeting to order at 6:01 p.m. in a hybrid meeting.

ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

There was no report.

MINUTES CONSENT

1. MIN2023-043

Frazey moved to accept the minutes consent items. The motion was seconded by Byrd (see votes on individual items below).

Special Committee of the Whole for June 13, 2023

Frazey moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

2. MIN2023-044

Water Work Session for June 13, 2023

Frazey moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Absent: 1 – Kershner

Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Absent: 1 – Kershner

PUBLIC HEARINGS

1. AB2023-415 Ordinance providing for submission of a proposition to the qualified electors of

Whatcom County pursuant to RCW 82.14.450 authorizing the collection of a local

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sales and use tax of two-tenths of one percent for the purpose of providing funds for costs associated with public health, safety and justice facilities and services, including behavioral health, supportive housing, public safety, and criminal justice facilities and programs

Buchanan opened the Public Hearing and the following people spoke:

· Caleb Erickson

· Joel Johnson

· Joy Gilfilen

· Teresa Sygitowicz

· Lyle Sorenson

· Teresa Hertz

· Michi Marcher

· Katherine Orlowski

· Name not stated

· Markis Dee

· Elina Jahromi

· Sonja Lerner

· Lindsay Macdonald

· Name not stated

· Gabe Stonaha

· Name not stated

· Jadyn Holmgren

· Jason McGill

· Makenzie Graham

· Jeff Holmes

· Maya Morales

· Jesse Williams

· Name not stated

· Cassandra Erickson

· Name not stated

· Erin Burns

· Cliff Langley

· Natalie Chavez

· Sophia Rey

· Henry Ohana

· Carol Perry

· Liz Darrow

· Nathan Schaetzel

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· Jennifer Dunaway

· Sean Arent

· Josie Tracy

· Austin Papritz

· Name not stated

Hearing no one else, Buchanan closed the Public Hearing.

Approximate Timestamp: 01:49:07

Satpal Sidhu, County Executive, read from a handout (on file) and spoke about how this proposal is different than previous proposals, that the results of this process are very positive for our community and are also much different than in the past ten years, that this process does not end with tonight’s vote or with November’s vote, continuing to work collaboratively to find solutions, that the proposed ordinance strikes a balance and is a great compromise, and that the proposal in front of Council tonight addresses our community’s broad spectrum of priorities.

Frazey moved and Byrd seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Frazey stated Councilmember Kershner had a medical emergency but wishes she could be here and is fully supportive of the ordinance. Frazey asked that people watch the video of the jail on the Whatcom County Government YouTube channel, watch the video of the May 9, 2023 Committee of the Whole presentation slides showing who is in the jail (AB2023-304), and read the Implementation Plan. The vision that the Implementation Plan brings forward is more of a place where we can have more services and people can heal, so she feels like we need to let the community decide what they want.

Donovan stated he thinks the Council needs to get more clarity on what the size of the facility would be. We have a number of cells defined in the Implementation Plan but there is nothing in the ordinance. The ordinance talks about a path for expansion but there is no baseline of what would be expanded. He spoke about the size of cells and whether each might have one or two beds.

Galloway stated determining size and design features is going to be a critical detail that she thinks our community and the Council needs to understand better. She referenced Sidhu’s address and stated she wants to highlight that this process does not end with tonight’s vote. The building of a new jail facility is only one of fifteen items in the Implementation Plan

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which also addresses everything else, and she thinks they have heard from the community that the “everything else” needs to be our priority. She will support the ordinance. She spoke about what features they have added in the ordinance and stated there are three clarifying or scrivener error amendments that she would like to address.

Elenbaas stated he appreciates people coming to speak on this item. He stated one thing he has learned is how important mental health is to a person’s existence and he feels we are incredibly lacking in our community in mental health services. He looks at whether someone should go to jail

for punishment or be directed in another avenue. People respond differently in different situations and luckily, we have judges that get to decide their path through the justice system. He is adamant with this ordinance that we have that path for both ways. They do not know how many people will go on each path and his critique of this ordinance was language that handcuffs the funding to go in one direction or the other. He was hoping to see language that would be more available to be directed to where it needs to go, but he agrees that this is just the beginning. He spoke about the ordinance and the public comments.

Approximate Timestamp: 02:07:38

Donovan spoke about an amendment to Section 9 and he and Councilmembers discussed the language in Section 10 and which version they were working from (“Proposed Ordinance for Introduction 6.26.2023”).

Donovan moved to amend Section 9 (4) of the Ordinance to delete “Where expansion is considered within the 30-year lifespan of the new Public Health, Safety, and Justice Sales and Use Tax,” and replace it with “In the case that capacity expansion (an increase in number of beds or cells) is considered for the new jail facility,” as follows:

Where expansion is considered within the 30-year lifespan of the new Public Health, Safety, and Justice Sales and Use Tax, In the case that capacity expansion (an increase in number of beds or cells) is considered for the new jail facility, a variety of factors shall be examined including, but not limited to, population growth, operational capacity, success of diversion, reentry, and housing programs, changes in state law or court rules affecting pretrial detention and sentencing, and other factors as listed in the Justice Project Implementation Plan. Any plans for expansion shall include a robust and inclusive community engagement process and be approved by the County Council.

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The motion was seconded by Buchanan.

Councilmembers discussed the motion, whether it would affect expansion of services, and whether the intent of the motion is such that should they double up on beds, even if it is not a physical expansion, it is a bed expansion that would trigger the requirement of considering the factors and including a robust and inclusive community engagement process and approval by the County Council.

Tyler Schroeder, Director of Administrative Services, answered whether the Implementation Plan talks about beds and stated there is clarification in the latest version of the Plan.

Buchanan stated this amendment is in the spirit of the Plan so he supports the amendment.

Satpal Sidhu, County Executive, stated they also agree with the amendment.

Schroeder and Wendy Jones, Sheriff’s Office, answered a question about

the process of going to two or three beds per cell if the original design on

the current jail was for one bed per cell. Jones stated when the current jail was constructed, they put in the capacity to be able to double-bunk all the general population cells at the time the building was built. The process of putting in additional bunks happened gradually and the third beds were never intended to exist and were definitely temporary.

Councilmembers continued to discuss the motion.

Karen Frakes, Prosecuting Attorney’s Office, answered whether this would trigger a re-introduction of the ordinance and stated in reading the Implementation Plan and in reading the language that is already there, she does not see this as a significant change. She thinks it is clarifying what the initial intent was anyway.

Dana Brown-Davis, Clerk of the Council, clarified the wording of the motion.

The motion to amend carried by the following vote:

Aye: 6 – Byrd, Donovan, Elenbaas, Frazey, Galloway, and Buchanan Nay: 0

Absent: 1 – Kershner

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Councilmembers discussed whether they already changed the title in Section 10.

Approximate Timestamp: 02:22:36

Galloway stated the first change she would like to make is a scrivener’s error. Section 8 (3) states, “Implementation plans must be consistent with Section 2 – Sales and Use Tax Purpose…” but Section 2 should read Section 3. No motion was needed for this change.

Galloway read the fifth WHEREAS statement from the bottom of page five of the ordinance stating, “WHEREAS it is the intent of the Whatcom County Council, moving forward, to continue to dedicate this voter approved one-tenth of one percent jail facilities sales and use tax to the construction and operations of a new jail and behavioral health center; and.” They received an email from a community member who suggested that the statutory restriction on this was strictly for jails or juvenile detention centers so she would like some clarification on whether the behavioral health center is in fact jail-based, or that whatever language they use is clearly applicable under the Revised Code of Washington (RCW).

Tyler Schroeder, Director of Administrative Services, stated he could see some clarifying language to clarify the intent of a new facility and a coordinated behavioral health center at that location.

Frakes answered whether jail-based behavioral health services would qualify under jail facility as facility or operations and stated she thinks that is probably accurate.

Galloway moved to strike “and behavioral health center” and replace it with “including jail-based behavioral health services” in the fifth whereas statement from the bottom of page five as follows:

WHEREAS, it is the intent of the Whatcom County Council, moving forward, to continue to dedicate this voter approved one-tenth of one percent jail facilities sales and use tax to the construction and operations of a new jail and behavioral health center including jail-based behavioral health services; and

The motion was seconded by Buchanan.

The motion to amend carried by the following vote:

Aye: 6 – Donovan, Elenbaas, Frazey, Galloway, Buchanan, and Byrd Nay: 0

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5 – Nay: 0

Buchanan, Byrd, Elenbaas, Frazey, and Galloway

Kershner Donovan

Aye:

Absent: Abstain:

1 – 1 –

Absent: 1 – Kershner

Galloway stated the last change she would like to make is another scrivener’s error on page 57 of the Implementation Plan that they moved to introduce (“Exhibit A – Implementation Plan 7.11.23 (formatted)”). There was a section titled “Determining Facility Size” and they added “and Expansion Criteria,” but in the new formatting, that did not get added.

Tyler Schroeder, Director of Administrative Services, stated he saw that and intended the change to be made after the last discussion.

No motion was needed.

Frakes answered whether those amendments would require re-introduction and stated they would not.

Approximate Timestamp: 02:31:12

Byrd stated he appreciated Frazey’s comments earlier and spoke about substantial investments made in alternatives over the last several years, being jailed in Ferndale as opposed to having to be sent hundreds of miles away, the amount of money being spent on repairs on the current jail, having a new facility that has space for much-needed programs and which would be a huge improvement from where we are today, setting a standard for other communities, and taking the time to research (as Councilmember Frazey suggested) instead of going off of a few lines on social media.

Satpal Sidhu, County Executive, stated it is a county jail and the average stay there is three months. Employees, however, are sentenced for life. They

need a humane work place.

Buchanan spoke about his journey on this issue. He voted no both times (in 2015 and 2017) because there was no public process. He vowed (after it failed in 2017) to find a path forward, to get a robust public process, and to really consider the treatment we need for our community. He gave a history of those efforts since 2018.

Frazey’s motion that the Ordinance Requiring a Public Hearing be ADOPTED AS AMENDED carried by the following vote:

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AB2023-416

Enactment No: ORD 2023-039

Ordinance amending Whatcom County Code Section 11.20.025, Flotation Devices on the South Fork of the Nooksack River, to better protect ESA-listed Chinook salmon

Clerk’s note: Councilmembers took a short break.

Treva Coe, Assistant Natural Resources Director for the Nooksack Tribe,

read from a presentation.

She answered when the Chinook are spawning and whether it is in the spring or summer, what the incubation time of an egg is, whether there is anything that distinguishes the potential threat or damage from limb-propelled flotation devices versus that from kayaks and canoes (paddle-propelled) since the latter were not originally included in the ordinance, what the fishing regulations are around the river, whether subsistence fishing is done with nets and what time of year that happens, whether they are targeting the Chinook at that time, and when silver fishing starts.

Buchanan opened the Public Hearing and the following people spoke:

· Larry Bierne

· Dana Crawford

· Lyle Sorenson

· Jerimiah Winchester

· Vicki Wilson

· Harmony Hayes

· Setrina Wilson

· Nick Sutterley

· Cliff Langley

· Jeffrey Holmes

· Jacki Rossing

· Kyler Larsen

· Preston Hall

· Carl Weimer

· Robert Merhaut

· Rosie O’Neil

· Steve Rossing

· Stewart (last name not given)

· Name not stated

· Jamie Sutterfield

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· Merle Jefferson

· Natalie Chavez

· Caden Fox

· Robbie Evjue

· Alexander Harris

· Wendy Harris

· Michelle (last name not stated)

· Misty Flowers

Hearing no one else, Buchanan closed the Public Hearing.

Galloway moved and Donovan seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Donovan stated we have regulation in our code for boating on rivers and lakes, but somebody made the distinction that rivers are navigable. He asked whether there is some distinction in terms of the County’s ability to

regulate how people navigate a river. He also asked whether there is a distinction between limb-propelled devices and canoes and kayaks, and is wondering why the original ordinance language did not include those.

Karen Frakes, Prosecuting Attorney’s Office, stated she could not find anything that would distinguish the bodies of water, she spoke about a case out of San Juan County, and stated this has existed in some form for quite some time, and I think originally it was sort of a compromise position, perhaps, more than a concern about conflicting with some federal regulations.

Elenbaas spoke about no one wanting to damage the salmon run, what is going to alienate an entire community or keep a community engaged, the fact that the natural state of things can also be devastating and whether there is an argument that tubing is just mimicking nature as opposed to causing the decline, whether a ban is just hitting the easy button on managing the situation and will alienate the community, considering the food desert that might be created without the general store and the diner, and how robust the numbers being presented are for returning salmon in light of the daily fishing limits. He stated he wants to do the right thing and he is not convinced that a ban on tubing is the right thing, and it might backfire on them. He would rather go back to the drawing board and come up with a management plan.

Galloway gave a background on the ordinance and summarized updates made

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to it. She stated she does not want to make this a permanent ban so she has added Section 3 which effectively adds a sunset tied to recovery goals. She spoke about the County’s efforts in funding, public outreach, a stewardship program, and broader salmon recovery. She stated she sees salmon as an indicator species and a canary in the coal mine, warning us of future danger. She stated she understands the importance of recreation and is sympathetic to the concerns that people shared but she truly believes that they are doing this for the greater good. She summarized what they heard in Coe’s presentation tonight and spoke about being good stewards of taxpayer dollars that are committed for South Fork projects and safety during those projects. She stated treaties are the supreme law of the land and read Article 6 of the Constitution.

Approximate Timestamp: 04:42:07

Galloway moved to amend Section 1 of the ordinance to delete “and shall become effective immediately after the County Executive signs this ordinance” as follows:

SECTION 1. Whatcom County Code 11.20.025 is hereby amended as presented in Exhibit A and shall become effective immediately after the County Executive signs this ordinance.

Galloway spoke about language in the charter about the passage of ordinances that would make this language irrelevant.

Frakes clarified that the charter requires that an ordinance become effective 10 days after the Executive signs it.

The motion was seconded by Buchanan.

The motion to amend carried by the following vote:

Aye: 6 – Frazey, Galloway, Buchanan, Byrd, Donovan, and Elenbaas Nay: 0

Absent: 1 – Kershner

Galloway moved to amend Section 3 of the ordinance to add language as follows:

SECTION 3. This ordinance shall be effective until Whatcom County receives data pursuant to Section 2 above that shows the number of South Fork Nooksack Early chinook natural-origin spawners has reached 50% of the recovery goal of 9,900.

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Minutes – Final

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Aye:

Nay: Absent:

OPEN SESSION

Buchanan, Donovan, Frazey, and Galloway Byrd, and Elenbaas

Kershner

The motion was seconded by Frazey.

The motion to amend carried by the following vote:

Aye: 6 – Galloway, Buchanan, Byrd, Donovan, Elenbaas, and Frazey Nay: 0

Absent: 1 – Kershner

Councilmembers discussed the motion to adopt the ordinance as amended. They discussed doing everything possible to make sure salmon are here forever, whether they should put a budget item together to keep businesses open, considering more comprehensive recreation management planning, writing a letter to the Washington State Department of Fish and Wildlife requesting a ban on recreational fishing in the South Fork until they hit 50 percent of the salmon recovery goal, not putting the burden of the issue on the back of one group but coming together and all making sacrifices, whether the community was engaged to help solve the problem, whether something should be written up to engage them and come up with proposals, the understanding that staff was going to engage the community and hand out literature and signs, and trying that first (since it reportedly did not happen) before a ban.

Galloway’s motion that the Ordinance Requiring a Public Hearing be ADOPTED AS AMENDED carried by the following vote:

4 –

2 –

1 –

Enactment No: ORD 2023-040

The following people spoke:

· Lyle Sorenson

· Teresa Sygatowicz

· Name not stated

· Natalie Chavez

· Gwen Hunter

· Wendy Harris

· Misty Flowers

· Robbie Evjue

· Nancy Bergman

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Hearing no one else, Buchanan closed the Open Session.

INTRODUCTION ITEMS

1. AB2023-448

Aye:

Nay: Absent:

2. AB2023-451

Buchanan stated they needed to go out of order on the agenda so these items can be introduced before midnight.

Donovan moved to add the ordinance adopting amendments to Whatcom County Code Title 20 (Zoning) to regulate short-term/vacation rentals (AB2023-387) to Introduction. The motion was seconded by Galloway.

Galloway clarified whether the motion is to introduce the ordinance as it was revised in the Planning and Development Committee today and Donovan stated that is correct.

Donovan’s motion carried by the following vote:

Aye: 5 – Buchanan, Byrd, Donovan, Frazey, and Galloway Nay: 1 – Elenbaas,

Absent: 1 – Kershner

Byrd moved to introduce the introduction items.

Dana Brown-Davis, Clerk of the Council, clarified that this motion includes AB2023-455 which was added by revision and AB2023-387 which was added by the previous motion.

The motion was seconded by Donovan.

Councilmembers voted on the Introduction items (see motion and vote on individual items below).

Ordinance Establishing the Central Shop NPDES Stormwater Improvements Project Based Budget

Byrd moved and Donovan seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

5 – 1 – 1 –

Buchanan, Byrd, Donovan, Frazey, and Galloway Elenbaas

Kershner

Ordinance amending the 2023 Whatcom County Budget, request no. 10, in the amount of 1,493,534

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AB2023-455

Appointment to fill a vacancy on the Surface Mining Advisory Committee, position for a representative of a potable domestic groundwater supply, preferably a public water system representative or private well owner – Applicant(s): Kathleen Greenbaum

Byrd moved and Donovan seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:

AB2023-387

Ordinance adopting amendments to Whatcom County Code Title 20 (Zoning) to regulate short-term/vacation rentals

Byrd moved and Donovan seconded that the SUBSTITUTE Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 5-

Nay: 1- Absent: 1-

Buchanan, Byrd, Donovan, Frazey, and Galloway Elenbaas

Kershner

Byrd moved and Donovan seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

Aye: 5-

Nay: 1- Absent: 1-

Buchanan, Byrd, Donovan, Frazey, and Galloway Elenbaas

Kershner

Aye: 5-

Nay: 1- Absent: 1-

Buchanan, Byrd, Donovan, Frazey, and Galloway Elenbaas

Kershner

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

Donovan reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through nineteen.

Elenbaas requested that Consent Agenda item number 15 be considered separately (see vote on this item after the Consent Agenda).

Councilmembers voted on Consent Agenda item numbers 1-14 and 16-19 (see votes on individual items below).

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1. AB2023-411

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and The Arc of Whatcom County to provide information, education and family support services to individuals with developmental disabilities, their families and the general public in the amount of $172,464 for a total amended contract amount of $480,144

Donovan reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the U.S. Department of Justice for Organized Crime Drug Enforcement Task Forces (OCDETF) PA-WAW-0376, in the amount of $5,000.00

Donovan reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Washington Association of Sheriffs and Police Chiefs for Registered Sex Offender Verification Program Funding 2023-2024, in the amount of $135,992.00

Donovan reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Department of Social and Health Services – Development Disabilities Administration to provide services for persons with development disabilities, in the amount of $5,459,497.00

Aye:

Nay: Absent:

2. AB2023-412

Aye:

Nay: Absent:

3. AB2023-413

Aye:

Nay: Absent:

4. AB2023-419

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5. AB2023-421

Request authorization for the County Executive to enter into a contract between Whatcom County and Environmental Science Associates to complete a climate vulnerability assessment, in the amount of $69,997

Donovan reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6. AB2023-424

Request authorization for the County Executive to enter into an interagency agreement between Whatcom County and the Washington State Department of Health to

provide funding for the Whatcom County Pollution Identification and Correction (PIC) Program, in the amount of $1,478,994 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Donovan 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:

Donovan 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, Elenbaas, Frazey, and Galloway

Nay: 0

Absent: 1 – Kershner

Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Absent: 1 – Kershner

7. AB2023-426

Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Absent: 1 – Kershner

Whatcom County

Request authorization for the County Executive to enter into a contract between Whatcom County and Drayton Archaeology to provide on-call cultural and historical resource services for July 2023 through July 2024 in the amount not to exceed $100,000

Donovan 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, Elenbaas, Frazey, and Galloway

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Nay: Absent:

8. AB2023-428

Aye:

Nay: Absent:

9. AB2023-429

Aye:

Nay: Absent:

10. AB2023-430

Aye:

Nay: Absent:

11. AB2023-431

1 – Kershner

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Cascade Connections to provide services to eligible individuals with developmental disabilities in the estimated amount up to $1,657,818

Donovan reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Kulshan Supported Employment to provide services to eligible individuals with developmental disabilities in the estimated amount up to $1,547,837

Donovan reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Washington Vocational Services to provide services to eligible individuals with developmental disabilities in the estimated amount up to $295,353

Donovan reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Work Opportunities to provide services to eligible individuals with developmental disabilities in the estimated amount up to $979,423

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12. AB2023-433

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Language Line Services, Inc. to provide telephonic and video language interpretation services in the amount of $15,000 for a total amended contract amount of $48,000

Donovan reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

13. AB2023-440

Request authorization for the County Executive to enter into a contract between Whatcom County and Pacific Surveying and Engineering Services, Inc. to evaluate the current stormwater system and determine appropriate Stormwater BMPs to improve the site’s water quality and provide an NPDES Engineering Report to DOE, in the amount of $63,531.06

Donovan 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, Elenbaas, Frazey, and Galloway

Nay: 0

Absent: 1 – Kershner

Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Absent: 1 – Kershner

14. AB2023-441

Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Absent: 1 – Kershner

Whatcom County

Request authorization for the County Executive to enter into a contract between Whatcom County and Pacific Power Group to provide generator preventative maintenance per agreement, in the amount of $49,823.00

Donovan 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, Elenbaas, Frazey, and Galloway

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15.

Nay: Absent:

AB2023-442

1 – Kershner

Request authorization for the County Executive to enter into a contract between Whatcom County and RE Sources to implement waste reduction and recycling education programs, in the amount of $65,000

This item was considered separately (see below).

16. AB2023-443

Request authorization for the County Executive to enter into a contract between Whatcom County and Environmental Science Associates to continue to develop and implement the WRIA 1 integrated funding strategy, in the amount of $45,000.00 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Donovan 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:

17. AB2023-444

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Department of Commerce to fund homelessness crisis response systems, in the amount of $10,543,379

Donovan reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

18. AB2023-450

Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Absent: 1 – Kershner

Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Nay: 0

Absent: 1 – Kershner

Whatcom County

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and the Bellingham Food Bank to extend the agreement through December 2024 for an additional $1,000,000 for a total cost of $1,500,000

Donovan 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, Elenbaas, Frazey, and Galloway

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19.

Nay: Absent:

AB2023-452

1 – Kershner

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and Washington State Department of Commerce to prevent, prepare for and respond to the COVID-19 pandemic among individuals and families who are homeless or receiving homeless assistance in the amount of $150,000 for a total amended contract amount of $4,744,770

Donovan reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

Aye:

Nay: Absent:

CONSENT AGENDA ITEMS CONSIDERED SEPARATELY

15. AB2023-442

Request authorization for the County Executive to enter into a contract between Whatcom County and RE Sources to implement waste reduction and recycling education programs, in the amount of $65,000

Donovan reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote:

Aye: 4-

Nay: 2- Absent: 1-

OTHER ITEMS

Buchanan, Donovan, Frazey, and Galloway Byrd, and Elenbaas

Kershner

(From Council Committee of the Whole)

1. AB2023-427 Resolution acknowledging the rights of the Southern resident orcas Buchanan stated this item was withdrawn from the agenda.

This agenda item was WITHDRAWN.

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

1. AB2023-446 Appointment of members to serve on SWISS (Skagit, Whatcom, Island, Snohomish, and San Juan Counties regional cooperation committee) strategic plan subcommittees

Galloway briefed the Councilmembers and stated Councilmember

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Buchanan has stepped up to serve on the Behavioral Health Subcommittee and she has stepped up to serve on the Broadband Subcommittee so those can be affirmed tonight. They need to appoint someone for the Transportation Subcommittee. She stated she was going to recommend Kershner but she is not here to accept the nomination.

Elenbaas moved to nominate Donovan since he has been a long time representative of the Whatcom Transportation Authority (WTA). The motion was seconded by Galloway.

Dana Brown-Davis, Clerk of the Council, stated she mentioned this item to Councilmember Kershner and checked email to see if Kershner had given an indication of interest but she had not.

Donovan accepted the nomination.

The motion to appoint Donovan (and also affirm Buchanan and Galloway) carried by the following vote:

Aye: 5 – Frazey, Galloway, Buchanan, Byrd, and Donovan

Nay: 1 – Elenbaas

Absent: 1 – Kershner

This agenda item was APPOINTED.

Donovan Appointed to the Transportation Subcommittee 5-1 with Elenbaas opposed

(Galloway was affirmed as the appointee for the Broadband Subcommittee and Buchanan was affirmed as the appointee for the Behavioral Health Subcommittee)

CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

1. AB2023-417

Request confirmation of the County Executive’s appointment of Sheli Moore to the Parks and Recreation Commission

Galloway moved and Frazey seconded that the Executive Appointment be CONFIRMED.

Frazey spoke about the letter of recommendation (on file) and the passing of former Commissioner Terry Terry. She acknowledged her for her involvement in several committees and for all she has done in the community.

Galloway’s motion that the Executive Appointment be CONFIRMED carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway

Aye:

Whatcom County

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Nay: Absent:

AB2023-432

Aye:

Nay: Absent:

1 – Kershner

Request confirmation of the County Executive’s appointment of Ryan Corley to the Bicycle Pedestrian Advisory Committee

Galloway moved and Byrd seconded that the Executive Appointment be CONFIRMED. The motion carried by the following vote:

6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway 0

1 – Kershner

ITEMS ADDED BY REVISION

AB2023-455 was added to Introduction by agenda revision (see vote above).

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

Buchanan stated he had two motions to read into the record from Committee of the Whole Executive Session.

Buchanan moved to approve defense and indemnification of David Wayne Kimball, named as a defendant in Vincent Russell DOC# 345299, Plaintiff, vs. David Wayne Kimball, Defendant, United States District Court, Western District of Washington Case No. 23-cv-500-LK-SKV. Based on the following findings:

A. David Wayne Kimball was acting in a matter in which the county had an interest;

B. David Wayne Kimball was acting in the discharge of a duty imposed or authorized by law;

C. David Wayne Kimball acted in good faith (AB2023-418)

The motion was seconded by Galloway.

The motion carried by the following vote:

Aye: 5 – Byrd, Donovan, Elenbaas, Galloway, and Buchanan Nay: 0

Abstain: 1 – Frazey

Absent: 1 – Kershner

Buchanan moved to authorize the County Executive, acting on behalf of the Whatcom County Flood Control Zone District, to move forward with and complete the acquisition of the properties as long as the purchase price of

Whatcom County

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Whatcom County

the properties does not exceed the amount discussed in Executive Session (AB2023-420).

The motion was seconded by Galloway.

The motion carried by the following vote:

Aye: 5 – Donovan, Frazey, Galloway, Buchanan, and Byrd Nay: 1 – Elenbaas

Absent: 1 – Kershner

Councilmembers gave committee reports.

Donovan stated most of the Lummi Island Ferry Advisory Committee has resigned so there will not be a committee meeting tomorrow, and the Council is being asked to give direction about when they want to fill these positions and whether they want to redefine what the committee might look like.

Donovan moved to hold off on filling vacancies (processing applications) on the Lummi Island Ferry Advisory Committee (LIFAC) for three months.

The motion was seconded by Byrd.

Elenbaas asked what the reason would be to not fill the seats immediately and Donovan stated if we want to change the size or the composition, particularly an additional off-island person representing, we would have to redo the ordinance. Elenbaas asked whether the expectation would be that they get feedback from the community on what they think the make-up of LIFAC should be and Donovan stated he hopes that would be part of the process.

Byrd stated it makes sense to him to maybe set that committee up so that the seats are proportionate to the breakdown of revenue. So, if 50 percent of the revenue comes from islanders, then 50 percent of the seats go to the islanders, and the other 50 percent come from taxpayers throughout the county.

Galloway suggested a friendly amendment to the motion to specify that they also want to have a policy discussion in the Public Works and Health Committee.

Donovan accepted the friendly amendment to his motion.

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