HomeMy WebLinkAboutCouncil Aug 6 2024Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Minutes - Final
Tuesday, August 6, 2024
6PM
Hybrid Meeting
HYBRID MEETING (PARTICIPATE IN -PERSON, SEE REMOTE JOIN
INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil, OR CALL
360.778.5010)
COUNCILMEMBERS
Barry Buchanan
Tyler Byrd
Todd Donovan
Ben Elenbaas
Kaylee Galloway
Jon Scanlon
Mark Stremler
CLERK OF THE COUNCIL
Cathy Halka, AICP, CMC
Council Minutes - Final August 6, 2024
COUNTY COUNCIL
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
Galloway moved to accept the minutes consent items. The motion was
seconded by Scanlon (see votes on individual items below).
1. MI 121021 -0. 13. 7 Committee of the Whole Executive Session for July 9, 2024
Galloway moved and Scanlon seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
2. MIN2024-0 2 Committee of the Whole for July 9, 2024
Galloway moved and Scanlon seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
3. MIN2024 -04.3 Regular County Council for July 9, 2024
Galloway moved and Scanlon seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
4. lV I N2024 044 Committee of the Whole Executive Session for July 23, 2024
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Galloway moved and Scanlon seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
5. M I�_i_2024-045 Committee of the Whole for July 23, 2024
Galloway moved and Scanlon seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
6. MIN2024 046 Regular County Council for July 23, 2024
Galloway moved and Scanlon seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
7. MIN2024_047 Water Work Session for February 13, 2024
Galloway moved and Scanlon seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
OPEN SESSION
The following people spoke:
•
Adam Bellingar
•
Charlie Brown
•
John Westerfield
•
Charlene Mills
•
Tally Rabatin
•
Natalie Chavez
•
Lyle Sorenson
•
Hank Maleng
•
Diane Kitchen
•
Carolyn Mulder
•
Heather K
Whatconi County
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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 fifteen.
Elenbaas requested that they consider Consent Agenda item numbers 4 and
14 separately.
Donovan amended his motion and moved to approve Consent Agenda item
numbers 1-3, 5-1.3, and 15. Councilmembers voted on those items (see
votes on individual items below).
1. A 2024-4_91. Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Administrative Office of the Courts to support District
Court Mental Health Court in the amount of $178,600
Donovan reported for the Finance and Administrative Services Committee
and moved that the Interlocal he AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
2. AB2024-4.95, Request authorization to enter into an interlocal agreement between Whatcom County
Juvenile Court and Washington Health Care Authority for development and
iiiipieiiieriiatiori of reentry services for youth transiiioriiiig out of Juvenile Detention- up
to $2,000,000
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
3. A13202 -496 Request authorization for the County Executive to enter into a contract between
Whatcom County and Western Washington University to purchase and install a
portable building intended to be used for two licensed childcare classrooms, in the
amount of $529,800
Donovan reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED BY CONSENT. The motion
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carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
4. AB2024 497 Request authorization for the County Executive to enter into an agreement between
Whatcom County and the Washington State Recreation and Conservation Office to
acquire approximately 1,600 acres of forestland to be added to the existing Stewart
Mountain Community Forest, in the amount of $3,000,000 (Council acting as the
Whatcom County Flood Control Zone District Board of Supervisors)
This item was considered separately below.
5. A B20✓fir 98 Request authorization for the County Executive to enter into a contract between
Whatcom County and Bellingham Food Bank to purchase and distribute diapers and
infant formula, in the amount of $867,688
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
6. AB2024499 Request authorization for the County Executive to enter into a contract between
Whatcom County and Washington State Office of Public Defense to be reimbursed
for the cost of providing defense counsel consultation and representation for
defendants facing charges or charged with simple possession or public use offenses
under RC W 69.50.4011(1)(b) or (c) in the amount of $183,635.00
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: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
7. AB20 4-500 Request authorization for the County Executive to enter into a contract between
Whatcom County and Ferndale School District to provide emergency management
services to Ferndale School District in the amount of $40,000
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: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
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Nay: 0
8. A 3,2-0 4a5,01_ Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and SoundEarth Strategies LLC to provide remedial
investigation/feasibility study and construction and permitting support services for the
removal of existing underground storage tanks and site remediation at the Whatcom
County Central Shop facility, in the amount of $19,762 for a total amended contract
amout of $158,499
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
9. AB2024-502 Request authorization for the County Executive to enter into a no -cost interlocal
agreement between Whatcom County and the City of Bellingham to allow the
Auxiliary Communications Service (ACS) volunteer organization to provide
communications services to the fire stations for emergency communications in the
event of a disaster
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
10. 1113702JI-504 Request authorization for the County Executive to enter into a contract between
Whatcom County and Crossroads Consulting LLC for facilitator services for the
Incarceration Prevention and Reduction Task Force in the amount of $169,650.00
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: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
11. A;i 2024._ 706 Request authorization for the County Executive to award Bid #24-74 for the purchase
of two Skydio X10 drones, accessories, software, and training from Axon Enterprise
Inc, located in Scottsdale, Arizona, in an amount not to exceed $57,484.20
Donovan reported for the Finance and Administrative Services Committee
and moved that the Bid Award be AUTHORIZED BY CONSENT. The
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motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
12. A132024-508 Request authorization for the County Executive to enter into a contract between
Whatcom County and the Opportunity Council for pass through funding to provide
services to low and moderate income persons in Whatcom, Island, and San Juan
Counties in the amount of $130,000
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: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
13. AB2024 � 09 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Bellingham for pass through funding to
support the What -Comm Communications Center E911 operational expenses in the
amount of $52,900
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
14. A02024--5 i 1_ Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Mount Baker School District to provide funding for
minor renovations necessary to construct a school -based health center, in the amount
of $30,000
This item was considered separately below.
15. A 20�244-514 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Department of Commerce for
funding to help support positions in the Sheriff's Office that are assigned to the
Whatcom Gang and Drug Task Force, in the amount of $150,000
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
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Nay: 0
CONSENT AGENDA ITEMS CONSIDERED SEPARATELY
4. AB2024497 Request authorization for the County Executive to enter into an agreement between
Whatcom County and the Washington State Recreation and Conservation Office to
acquire approximately 1,600 acres of forestland to be added to the existing Stewart
Mountain Community Forest, in the amount of $3,000,000 (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.
Councilmembers discussed the motion, whether the County wants to be in
the forestry management business, how the project cost amount was
determined and whether they should move forward without an appraisal,
whether it is a good financial move for the County since revenue will not be
realized for a minimum of ten years, whether moving forests into public
ownership takes them out of the land base that makes up the forest economy
or takes them out of production, the fact that there are recreational
opportunities on Stewart Mountain, the opinion that this makes sense with
the County objectives regarding restoring some of our watersheds and water
sources, the amount of maintenance and repairs that will be required when
water comes down the hillside in that area after storm events, the fact that
this is not local dollars but accepting $3 million from the State, how this
fits into and can help with climate resilience which is an urgent County
issue, the fact that it is not supposed to just be a park but that the goal is for
it to also be managed with the timber harvest in a responsible way, the
opinion that older community forests talk about harvest but do not do .t in a
significant way, whether property taxes will get shifted to neighboring
landowners since the appraised value of the 1,600 acres would be taken out
of the property tax equation, whether managing the lands above the steep
slopes might have an impact on absorption and what is coming down the hill
that causes damage now, and whether County ownership is still to be
determined.
Donovan's motion that the Contract (FCZDBS) be AUTHORIZED carried by
the following vote:
Aye: 4 - Buchanan, Donovan, Galloway, and Scanlon
Nay: 3 - Byrd, Elenbaas, and Stremler
14. AB2024-511 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Mount Baker School District to provide funding for
minor renovations necessary to construct a school -based health center, in the amount
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of $30,000
Donovan reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED.
Elenbaas stated when the State law changes he might support this, but right
now he does not.
Donovan's motion that the Interlocal be AUTHORIZED carried by the
following vote:
Aye:. 4 - Buchanan, Donovan, Galloway, and Scanlon
Nay: 3 - Byrd, Elenbaas, and Stremler
OTHER ITEMS
(From Council Finance and Administrative Services Committee)
1. AB2024-51 3 Request authorization for the County Executive to enter into an access agreement
between Blaine School District and Whatcom County for Bay Horizon Park
Donovan reported for the Finance and Administrative Services Committee
and moved that the Agreement be AUTHORIZED.
Councilmembers discussed the location of the parcel.
Donovan's motion that the Agreement be AUTHORIZED carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
A132024-523 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and City of Bellingham Fire Department, City of Lynden
Fire Department, Whatcom Fire Protection District 1, Whatcom Fire Protection
District 4, Whatcom County Fire Protection District 7, Whatcom Fire Protection
District 8, Whatcom Fire Protection District 11, Whatcom Fire Protection District 14,
Whatcom Fire Protection District 16, Whatcom Fire Protection District 17, Whatcom
Fire Protection District 18, Whatcom Fire Protection District 19, Whatcom Fire
Protection District 21 (dba North Whatcom Fire and Rescue), South Whatcom Fire
Authority for First Response Medical Services, in the amount of $25 million
Donovan reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED. The motion was seconded
by Galloway.
Donovan stated in this afternoon's discussion, Council seemed to have
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concerns about the $307,000 from the General Fund that is part of the
dispatch fees. The interlocal has the basic life support (✓L S)7 the record
system, and the dispatch feels all as a bundle of contracts and agreements
which are hard to separate out. The Council_ is looking for a way to give a
statement to the effect that if they approve the interlocal, there will still be
discussion about options for the dispatch fees so they can reduce the
General Fund obligation.
Satpal Sidhu, County Executive, stated all they would need is a word from
the Whatcom County Fire Chiefs that they will sit down and discuss it and
find a solution. He stated there are different people involved for the
different aspects of the interlocal and it will need some negotiations and
discussions. He believes if they work in good faith, they can find a solution.
Hank Maleng, Whatcom County Fire District #16 and Whatcom County
Fire Chiefs Association, stated EMS pays for EMS calls and not fire
dispatch calls. He explained why a portion still comes out of the General
Fund. He stated he agrees that moving forward they should start looking at
options but it will not happen over two or three weeks.
Sidhu asked if it would be acceptable if they put on the record that within
one year or by next July first they will come up with some kind of
arrangement, and Maleng said it was an acceptable goal.
Donovan amended his motion and moved to approve with the
understanding that the Executive's side and the chiefs will be working with a
goal of July 1 st (of 2025) to re-examine this dispatch fee General Fund
icsue.
Donovan's motion that they approve the Interlocal with the understanding
that the Executive's side and the chiefs will be working with a goal of July 1st
(of 2025) to re-examine this dispatch fee General Fund issue carried by the
following vote:
Aye: 7 -- Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
ACTION SUMMARY: Motion carried 7-0 to approve with the understanding that the Executive's side and the
chiefs will be working with a goal of July 1 st (of 2025) to re-examine the dispatch fee General Fund issue.
COUNCIL APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
1. A202 ;472 Appointment to a vacancy on the Forest Resilience Task Force for a community
member with expertise in climate, salmon recovery, and natural resources policy,
Applicant(s): Emily Thompson, Brandy Reed, Gregory Houle, Thomas Smith, Ryan
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Hasert, Holly O'Neil
Galloway stated this position was previously held by Alex Harris who is
now a County employee so he had to resign from this position on the task
force. She spoke about which candidate she would vote for.
Donovan moved to consider all applications.
Councilmembers discussed that another applicant on the list is a County
employee and Galloway stated she does not know if there is anything
specifically prohibiting County employees from serving.
Cathy Halka, Clerk of the Council, stated she thinks that Alexander Harris
had been participating partially in his professional role and so vacated the
position when he vacated his employment.
George Roche, Prosecuting Attorney's Office, stated they have policies in
place that deal with employee conflicts of interest but it is a very nuanced
topic and may be worthy of their consideration as they consider who is
appropriate to appoint, but he does not know that it necessarily bars an
employee from applying.
Councilmembers discussed the applicants.
Donovan repeated his motion to consider all applicants. The motion was
seconded by Scanlon.
They asked if any of the applicants were in attendance but there were none.
Councilmembers appointed Brandy Reed with six votes as follows:
Stremler: Brandy Reed
Buchanan: Brandy Reed
Byrd: Gregory Houle
Donovan: Brandy Reed
Elenbaas: Brandy Reed
Galloway: Brandy Reed
Scanlon: Brandy Reed
This agenda item was APPOINTED.
Appointed Brandy Reed with 6 votes
51REM ! ! � 11�!
COMMISSIONS, 1; COMMITTEES
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1. AB2024 505 Request confirmation of the County Executive's appointment of Summer Starr to the
Behavioral Health Advisory Committee
Galloway moved and Scanlon seconded that the Executive Appointment be
CONFIRMED. The motion 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.
INTRODUCTION ITEMS
Galloway moved to introduce items one through three. The motion was
seconded by Scanlon.
Elenbaas confirmed that the resolution being introduced for AB2024-494 is
the one with three Councilmembers' names as proposers.
Councilmembers voted on the introduction items (see votes on individual
items below).
1. A �2024-494 Resolution defining transportation improvements in accordance with newly amended
state law (Council acting as the Governing Body of the Point Roberts Transportation
Benefit District)
Galloway moved and Scanlon 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, Galloway, Scanlon, and Stremler
Nay: 0
Enactment No: RES 2024 v37
A 7"H �'> (1'"9 A L t'"1 � 1 n cy
2. rw,:�� v�< J z Ordinance establishing the North Commercial Street Acquisition, Project Fund
Galloway moved and Scanlon seconded that the Ordinance be
INTRODUCED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Enactment No: ORD 2024-044
3. A s 2021- m� �L Ordinance amending the 2024 Whatcom County Budget, request no. 10, in the
amount of 2,059,971
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Galloway moved and Scanlon seconded that the Ordinance be
INTRODUCED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Enactment No: ORD 2024-045
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Councilmembers gave Committee reports.
Scanlon reported for the Public Works and Health Committee and moved
to hold AB2024-314 until staff can update the ordinance.
The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and
Stremler
Nay: 0
Elenbaas reported for Committee of the Whole and moved to authorize the
employment law investigation committee to provide a summary report that
identifies their opinion of root cause and recommended paths forward
including developing a scope of work that defines an RFP (request for
proposal) to bring in outside expertise in identified areas.
The motion carried by the following vote:
Aye: 7 - Donovan, Elenbaas, Galloway, Scanlon, Stremler, Buchanan, and
Byrd
Nay: 0
Buchanan reported for Committee of the Whole and moved that the
Council direct the Executive's Office to proceed with what is spelled out in
the memo for AB2024-522.
The motion carried by the following vote:
Aye: 7 - Elenbaas, Galloway, Scanlon, Stremler, Buchanan, Byrd, and
Donovan
Nay: 0
Councilmembers gave other updates.
Satpal Sidhu, County Executive, and Councilmembers discussed reports
regarding drones flying over the refineries.
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ACTION SUMMARY:
From Public Works and Health Committee:
Motion approved 7-0 to hold AB2024-314 until staff can update the ordinance.
From Committee of the Whole AB2024-336:
Motion approved 7-0 to authorize the employment law investigation committee to provide a summary report that
identifies their opinion of root cause and recommended paths forward including developing a scope of work that
defines an RFP (request for proposal) to bring in outside expertise in identified areas.
From Committee of the Whole:
Motion approved 7-0 that the Council direct the Executive's Office to proceed with what is spelled out in the memo
for A132024-522.
. !3 01100
The meeting adjourned at 7:43 p.m.
The County Council "approved these minutes on September 10, 2024.
d WHATCOM COUNTY COUNCIL
COU;�9 V WHATCOM COUNTY, WA
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Cathy Halka, Council Clerk ty
Buchanan, Council Chair
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Kristi Felbinger, Minutes Transcription
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