HomeMy WebLinkAboutCouncil Feb 20 2024Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Minutes - Final
Tuesday, February 20, 2024
6PM
Hybrid Meeting
HYBRID MEETING - PLEASE NOTE: COUNCIL IS CURRENTLY REVIEWING
ITS PUBLIC COMMENT RULES AND HAS SUSPENDED REMOTE PUBLIC
COMMENT VIA ZOOM UNTIL FURTHER NOTICE. PLEASE SEE AGENDA
NOTES UNDER "OPEN SESSION" FOR MORE INFORMATION.
COUNCILMEMBERS.
Barry Buchanan
Tyler Byrd
Todd Donovan
Ben Elenbaas
Kaylee Galloway
Jon Scanlon
Mark Stremler
CLERK OF THE COUNCIL
Dana Brown -Davis, C.M.C.
Council Minutes - Final February 20, 2024
COUNTY COUNCIL
rer-A I N KI
Council Chair Barry Buchanan called the meeting to order at 6 p.m. in a
hybrid meeting.
ROLL CALL
Present: 7 - Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Kaylee Galloway,
Jon Scanlon, and Mark Stremler
FLAG SALUTE
ANNOUNCEMENTS
COUNTY EXECUTIVE'S REPORT
There was no report.
MINUTES CONSENT
Byrd moved to accept the minutes consent items. The motion was seconded
by Galloway (see votes on individual items below).
1. l' I N2024--00 7 Committee of the Whole for February 6, 2024
Byrd moved and Galloway seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, and Stremler
Nay: 0
Temp Absent: 1 - Scanlon
2. i�/i N202 -008 Regular County Council for February 6, 2024
Byrd moved and Galloway seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, and Stremler
Nay: 0
Temp Absent: 1 - Scanlon
OPEN SESSION
Buchanan stated that at the last meeting, during the virtual portion of the
public open session, we had some hate speech delivered by a few individuals
and then we had to shut down our public comment period and retreat to
executive session. We then came back out and we did not continue our open
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Council Minutes - Final February 20, 2024
public session on the virtual side. Tonight, we are continuing that
suspension of the virtual side until we have come up with a remedy.
The following people spoke:
• Angie Burke
• Rebecca Cash
• Mark (last name not stated)
• Natalie Chavez
Hearing no one else, Buchanan closed the Open Session.
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 nine.
Councilmembers voted on those items (see votes on individual items
below).
1. AB2024--1123. Request authorization for the County Executive to enter into an interlocal cooperative
agreement between Whatcom County and U.S. Department of Agriculture Forest
Service for enhancement of state and local law enforcement on National Forest
Service lands, in the amount of $22,704.00
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:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
2. AB2024-129 Resolution ordering the cancellation of an accounts receivable invoice from the
Sheriff's Office
Donovan 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, Galloway, Scanlon, and Stremler
Nay: 0
Enactment No: RES 2024-009
3. AB2024-130. Request authorization for the County Executive to enter into an interlocal agreement
amendment between Whatcom County and North Sound Behavioral Health
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Administrative Services Organization to acknowledge and fund Whatcom County's
participation in the North Sound Integrated Care Network, in the amount of
$523,788.10 for a total amended contract amount of $1,496,767.30
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: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
4. A 2024- r 35. Request authorization for the County Executive to enter into a grant agreement
between Whatcom County and Washington State Department of Ecology for the
2023-2025 Biennial Stormwater Capacity Grant, in the amount of $130,000
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: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
5. M12024136 Request authorization for the County Executive to enter into a contract between
Whatcom County and Washington State Military Department and the U.S.
Department of Homeland Security to assist in preparing for all hazards through
sustainment and enhancement of current programs, in the amount of $74,670.00
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:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
6. AB20 24-11.3 7 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and the Washington State Department of Commerce to
change the scope of work and reduce the funding by $29,391.00 for a total amended
contract amount of $1,850,608.00
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:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
7. A.B2024-1141 Request authorization for the County Executive to enter into a contract agreement
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between Whatcom County and ImageTrend, Inc. to increase the contract in the
amount of $14,460.00 for a total amended contract amount of $201,876.32
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: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
8. AB2024-14 3 Request authorization for the County Executive to enter into an interlocal amendment
between Whatcom County and Washington State Military Department for Operation
Stonegarden FY20, in the amount of $234,343.94 for a total amended amount of
$639,943.94
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: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
9. AB2024-1 ?8 Request authorization for the County Executive to enter into an easement agreement
with Western Washington University and Sierra Pacific Land & Timber Company to
allow public access to Canyon Lake Community Forest, in the amount of $100,000
Donovan reported for the Finance and Administrative Services Committee
and moved that the Agreement be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
AB2024-148 was discussed below under Other Items.
OTHER ITEMS
(From Council Climate Action and Natural Resources Committee)
l 32024, 140 Resolution authorizing Whatcom County Conservation Easement Program
Administrator and Whatcom County Exeutive to proceed with the acquisition of a
conservation easement on the Jacoby application
Galloway reported for the Climate Action and Natural Resources
Committee and moved that the resolution be approved. But Elenbaas wanted
to discuss the last item on the Consent Agenda, so they did that first then
came back to this item (see motion and vote below).
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Enactment No: RES 2024-010
Councilmembers started to discuss AB2024-140, then returned back to AB2024-148 on the Consent Agenda. See
motion and vote on this item below.
9. A.B20 -4-1 8 Request authorization for the County Executive to enter into an easement agreement
with Western Washington University and Sierra Pacific Land & Timber Company to
allow public access to Canyon Lake Community Forest, in the amount of $100,000
Elenbaas stated he was not clear about Consent Agenda number nine and
wanted to ask a question, and the following people answered:
• Tyler Schroeder, Director of Administrative Services
• Bennett Knox, Parks and Recreation Department Director
• Satpal Sidhu, County Executive
Elenbaas stated there is $100,000 and it appears to come from the County,
but the easement is granted to the County and Western Washington
University. He asked whether Western does not have any skin in the game
or whether we are getting a grant for that.
Knox briefed the Councilmembers on the easement agreement and stated
Western does not have money toward this. The money that is being
allocated is to cover maintenance costs that are associated with establishing
the access.
Schroeder stated that really early on in the acquisition is when all three
parties worked together to acquire the easement rights, so Western was
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amended easement as well.
Sidhu gave a history of the acquisition and stated the County needed
research and used Western Washington University to do the research. They
were the County's partner in getting the original easement in the 1990s so
their name is already on the lease.
Knox answered what funds the Parks Special Revenue Fund and stated it
comes from a number of different sources and is within the Parks
Department's budget for maintenance.
1. AB2024-14,0_ Resolution authorizing Whatcom County Conservation Easement Program
Administrator and Whatcom County Exeutive to proceed with the acquisition of a
conservation easement on the Jacoby application
Galloway reported again for the Climate Action and Natural Resources
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Committee and Councilmembers discussed the motion (made above before
the discussion on A132024-148).
Elenbaas stated over the last two to three decades we have done a lot of
work to preserve the land and he does not know how well that has done at
preserving our agriculture economy because we need to switch our mindset
to preserving our ability to farm. He spoke about how this program can be a
double-edged sword and we do not see what we have given up until maybe
the next generation comes through. We are doing this thinking we are
preserving ag land, but we might just be preserving the land and not ag land
or timber land. That is because the things we are doing to protect the land
could possibly make it more difficult to farm or harvest in the future.
Tyler Schroeder, Director of Administrative Services, answered whether the
Conservation Easement Program has always included forestry and stated in
about 2018 the program was expanded to also protect forest land and
ecosystems as secondary goals.
Galloway's motion that the Resolution be APPROVED carried by the
following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Galloway, Scanlon, and Stremler
Nay: 0
Abstain: 1 - Elenbaas
Enactment No: RES 2024-010
(From Council Finance and Administrative Services Committee)
2. AB20 4-110 Ordinance establishing a project based budget for Eagleridge Stormwater
Improvements Project Fund SWP #SWLW24-01
Donovan reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Enactment No: ORD 2024-009
3. AB 024-1,1.1 Resolution amending the 2024 Flood Control Zone District and Subzones Budget,
request no. 1, in the amount of $14,400 (Council acting as the Whatcom County
Flood Control Zone District Board of Supervisors)
Donovan reported for the Finance and Administrative Services Committee
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and moved that the Resolution (FCZDBS) be APPROVED.
Elenbaas asked why this meets the contract threshold for coming to Council
for approval and Buchanan stated there is a different set of criteria for the
Whatcom Flood Control Zone District.
Donovan's motion that the Resolution (FCZDBS) be APPROVED carried by
the following vote:
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Enactment No: RES 2024-011
4. A112024-, i-1-4. Ordinance establishing a 23-Hour Crisis Relief Center Fund and establishing an initial
project based budget for the 23-Hour Crisis Relief Center Project
Donovan reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED.
Councilmembers discussed the motion.
Donovan's motion that the Ordinance be ADOPTED carried by the following
vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Enactment No: ORD 2024-010
5. 112OL4-1 16 Ordinance amending the 2024 Whatcom County Budget, request no. 4, in the amount
of $3,247,623
Donovan reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED.
Elenbaas stated he has to support it all in order to vote yes.
Donovan's motion that the Ordinance be ADOPTED carried by the following
vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Enactment No: ORD 2024-011
6. A132024_,11,8 Resolution to declare Whatcom County owned structure located in Hovander Park as
worthless
Donovan reported for the Finance and Administrative Services Committee
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and stated after the vote in committee there is not a recommendation to the
Council.
Donovan moved that the Resolution be held for two weeks. The motion was
seconded by Byrd.
Byrd asked why the hold period is two weeks.
Bennett Knox, Parks and Recreation Department Director, answered
whether there is a time frame less than a year in which they would have
some information that is valuable for making a decision since the whole
process could be drawn out. He stated the motion in front of them today is
to declare the property surplus. Parks does not have budget authority yet for
the actual demolition. They are just trying to go through the process based
on the fact that they feel this property does not meet their long term needs
in the park for various reasons. They are months away from having the
master plan completed. Two months would be better in order to get more
information to the Council.
Donovan amended his motion to hold for up to two months from today.
Councilmembers discussed whether the house should be torn down, and
Scanlon stated he would be interested in seeing what Public Works' updated
mapping says about the floodplain.
Knox stated they spoke with Public Works this morning and the latest
mapping shows the property is firmly in the 100-year floodplain and could
be impacted by the 25-year flood.
Donovan spoke about scheduling a discussion in the Public Works and
Health Committee about whether the Parks Department operating
residences is the best use of public resources and what they should do with
the other properties.
Donovan's motion that the Resolution be HELD FOR UP TO TWO
MONTHS carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
7. AB 0 4-122 Ordinance establishing Whatcom County Code Chapter 3.39 Public Health, Safety,
and Justice Facilities and Services Sales and Use Tax
Donovan reported for the Finance and Administrative Services Committee
and moved that the SUBSTITUTE Ordinance be ADOPTED.
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Tyler Schroeder, Director of Administrative Services, briefed the
Councilmembers and stated this is an ordinance establishing the ability for
the County to impose what the voters approved late last year. After voters
make that decision, an ordinance is drafted and passed by Council to place it
into the County code. This is the ordinance to establish the code.
He answered whether it is intentional that the fund created by this ordinance
(the New Health, Safety & Justice Facility fund) will keep this two -tenths
of one percent separate from the original one -tenth, and stated it is
intentional. He answered why cars are exempt from the tax and stated it is
authorized by RCW 82.14.450,
Donovan's motion that the SUBSTITUTE Ordinance be ADOPTED carried
by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Enactment No: ORD 2024-012
8. AB2024 -142 County Executive requests approval of the Economic Development Investment (EDI)
Board's recommendation for funding to support the City of Blaine's Wellfield
Reservoir Replacement Project and the City of Bellingham's Old Town Urban Village
Infrastructure Improvement Project
Donovan reported for the Finance and Administrative Services Committee
and `roved that the SUBSTITUTE REQUEST BE APPROVED.
Councilmembers discussed the motion, their support for the projects, and
what policies could be put in place for Economic Development Investment
(EDI) to make it such that they are using the funds help cities remove
barriers to adding housing and commerce within their city limits.
Dana Brown -Davis, Clerk of the Council, stated this and last item are
substitutes.
Donovan's motion that the SUBSTITUTE REQUEST be APPROVED
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
ITEMS ADDED BY REVISION
There were no agenda items added by revision.
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INTRODUCTION ITEMS
Donovan moved to introduce items one through three. The motion was
seconded by Byrd (see votes on individual items below).
Donovan asked if AB2024-145 could be scheduled for the Public Works and
Health Committee for discussion.
Galloway stated it would be nice to get another ferry update in the Public
Works and Health Committee and if topics were noticed before bringing
them up.
AB2024-126 Ordinance granting the Port of Bellingham a non-exclusive franchise to locate, set,
erect, lay, construct, extend, support, attach, connect, maintain, repair, replace,
enlarge, operate, use and similar activities related to telecommunication facilties in,
upon, over, under, along, across and through the franchise area to allow the provision
of telecommunication services
Donovan 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, Galloway, Scanlon, and Stremler
Nay: 0
AB2024-127 Ordinance granting the Public Utility District No. 1 of Whatcom County, a
non-exclusive franchise to locate, set, erect, lay, construct, extend, support, attach,
connect, maintain, repair, replace, enlarge, operate, use and similar activities related to
telecommunication facilities in, upon, over, under, along, across and through the
franchise area to allow the provision of telecommunications services
Donovan 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, Galloway, Scanlon, and Stremler
Nay: 0
3. AB2024 - 145 Ordinance amending Whatcom County Code 2.145 to clarify member requirements
on the Whatcom County Ferry Advisory Committee
Donovan moved and Byrd seconded that the Ordinance be INTRODUCED.
The motion carried by the following vote:
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Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
COMMITTEE REPORTS,, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Buchanan reported for the Committee of the Whole Executive Session.
Donovan moved to authorize Royce Buckingham, Civil Deputy Prosecutor,
to vote on behalf of the Council for the reorganization plan Endo LLC is
proposing in the bankruptcy as discussed in Executive Session. The motion
was seconded by Galloway.
The motion carried by the following vote:
Aye: 7 - Elenbaas, Galloway, Scanlon, Stremler, Buchanan, Byrd, and
Donovan
Nay: 0
Councilmembers continued committee reports.
Buchanan reported for Committee of the Whole and moved that they start
the process to remove PLN2022-00006 from the docket. The motion was
seconded by Donovan.
Elenbaas spoke about why he voted no for this in committee. He believes
they can maintain some mountain bike trails in the watershed without having
a negative effect on water quality. It will probably happen anyway and may
not happen in the best way. Allowing it may be better for the overall health
of the waterway.
Galloway spoke about allowance in the current code for trail maintenance
and construction in the dryer summer months. We already have a pathway to
"yes," and this opens up what could be a precedence for development in
those trail systems during seasons when it is more risky to do so.
Elenbaas spoke about a presentation from the proponents on this topic
about having a trail maintenance window.
Scanlon stated he would like to hear from the Department of Natural
Resources (DNR), then bring it back for a more well-informed
conversation.
Donovan stated the worry is that if they grant this exemption, there will be
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other groups coming for exemptions.
Stremler stated if they are going to give an exemption for this organization
he might come back with a proposed exemption for the maintenance and
operation crews in the Public Works Department for the maintenance they
have to do in the watershed.
Councilmembers discussed how the rules about working in certain seasons
came to be.
The motion carried by the following vote:
Aye: 6 - Galloway, Scanlon, Stremler, Buchanan, Byrd, and Donovan
Nay: 1 - Elenbaas
Councilmembers spoke about other items. Buchanan stated they discussed
the ferry in Committee of the Whole.
Satpal Sidhu, County Executive, reported on his discussion with
Councilmembers about bringing ordinances to the Council to increase ferry
fares and for the use of American Rescue Plan Act (ARPA) dollars. He also
reported on their discussion about reorganization of the County Executive's
Office and answered questions.
Councilmembers gave updates and Sidhu and Tyler Schroeder, Director of
Administrative Services, answered questions about the upcoming water
adjudication, the Medical Examiner collaborating with support officers and
a request for funds from Point Roberts so they can put together an
economic development strategy.
Motion from Committee of the Whole Executive Session approved 7-0 to authorize Royce Buckingham, Civil Deputy
Prosecutor, to vote on behalf of the Council for the reorganization plan Endo LLC is proposing in bankruptcy as
discussed in Executive Session.
Motion from Committee of the Whole approved 6-1, with Elenbaas opposed, that they start the process to remove
PLN2022-00006 from the docket.
The meeting adjourned at 8:15 p.m.
The County Council approved these minutes on March 19, 2024.
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ATTEST:
V, U /1
N iifii-Browq�Wi�s, 0 cil Clerk
Kristi Felbinger, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA,
Council Chair
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