HomeMy WebLinkAboutCouncil Oct 8 2024Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Minutes - Final
Tuesday, October 8, 2024
6PM
Hybrid Meeting - Council Chambers
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 October 8, 2024
COUNTY COUNCIL
CALL TO ORDER
Council Vice Chair Kaylee Galloway 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
Donovan moved to accept the minutes consent items. The motion was
seconded by Byrd (see votes on individual items below).
1. MIN2024-063 Water Work Session for September 17, 2024
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, Galloway, Scanlon, and Stremler
Nay: 0
2. MIN2024-064 Committee of the Whole Executive Session for September 24, 2024
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, Galloway, Scanlon, and Stremler
Nay: 0
3. MIN2024-065 Committee of the Whole for September 24, 2024
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, Galloway, Scanlon, and Stremler
Nay: 0
4. MIN2024-066 Regular County Council for September 24, 2024
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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, Galloway, Scanlon, and Stremler
Nay: 0
OPEN SESSION
The following people spoke:
• Adam Bellingar
• Krisinda Plenkovich
• Tiffini Ayala
• Daniel Burdick
• Kelli Miles
• Todd Gallahar
• Natalie Chavez
• Sally Church
• Hannah O
• Karen Occhiogrosso
Hearing no one else, Galloway 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 eight and stated
that Consent Agenda items two and eight are substitutes.
Elenbaas requested that they vote on Consent Agenda item one separately.
Stremler requested that they vote on Consent Agenda items two, seven, and
eight separately.
Donovan amended his motion and moved to approve Consent Agenda items
three, four, five, and six.
Councilmembers voted on those items (see votes on individual items
below).
1. AB2024-608 Request authorization for the County Executive to enter into an interlocal between
Whatcom County and the City of Bellingham to support the Wetland Mitigation Bank
in the amount of $1,000,000
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This item was considered separately below.
2. AB2024-628 Request authorization for the County Executive to enter into a contract between
Whatcom County and Lydia Place to increase housing stability for families with
children ages 0 to 5, in the amount of $1,155,524
This item was considered separately below.
3. AB2024-641 Request authorization for the County Executive to enter into an Interlocal Agreement
between Whatcom County and Washington State Department of Transportation, in
the amount of $1,100,039
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. AB2024-645 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Sanitary Service Company, Inc. to collect waste
along Birch Bay Drive in the amount of $14,000, for a total contract amount of
$42,000
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
5. AB2024-648 Request authorization for the County Executive to enter into a contract between
Whatcom County and AssetWorks Inc., to provide professional services for the
implementation of the new ER&R asset management system, in the amount of
$197,345.78
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. AB2024-655 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Clean Earth Environmental Solutions, Inc. to operate
the Disposal of Toxics facility in the amount of $405,000, for a total amended
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contract amount of $5,191,260
Donovan reported for the Finance and Administrative Services Committee
and moved that the Contract he AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
7. AB2024-659 Request authorization for the County Executive to enter into a contract between
Whatcom County and Ferndale Community Services to increase housing stability for
families with children ages 0 to 5, in the amount of $376,416
This item was considered separately below.
8. AB2024-664 Request authorization for the County Executive to enter into a contract between
Whatcom County and Lydia Place to expand mental health and parent support
services to low-income families with children ages 0-5, in the amount of $474,786
This item was considered separately below.
CONSENT AGENDA ITEMS CONSIDERED SEPARATELLY
1. AB2024-608 Request authorization for the County Executive to enter into an interlocal between
Whatcom County and the City of Bellingham to support the Wetland Mitigation Bank
in the amount of $1,000,000
Donovan reported for the Finance and Administrative Services Committee
and moved that the InterlocaI be AUTHORIZED.
The following people discussed the item with Councilmembers:
• Kayla Schott-Bresler, Executive's Office
• Satpal Sidhu, County Executive
They and Councilmembers discussed why the County did not go to the
private sector to do this job at zero cost to taxpayers, the fact that no private
companies have come forward to do the work, whether the County has
enabling language to even allow that, whether the Planning and Development
Services Department has been prohibitive in enabling private sector entities
to do these types of projects, determining and fixing the roadblocks in
County or State rules, and whether the funding should be in the form of a
grant or loan or a mix of both.
Donovan's motion that the Interlocal be AUTHORIZED carried by the
following vote:
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Aye: 6 - Buchanan, Byrd, Donovan, Galloway, Scanlon, and Stremler
Nay: 1 - Elenbaas
2. AB2024-628 Request authorization for the County Executive to enter into a contract between
Whatcom County and Lydia Place to increase housing stability for families with
children ages 0 to 5, in the amount of $1,155,524
Donovan reported for the Finance and Administrative Services Committee
and moved that the SUBSTITUTE Contract be AUTHORIZED.
Stremler spoke about why he wanted to consider this item and Consent
Agenda items seven and eight separately, and stated the fund is not
performing for what it says it is going to do in the first two years. The first
strategy of the Healthy Children's Fund Implementation Plan (Provide funds
for small capital projects to expand, renovate, or repurpose buildings to
increase early learning & care slots in a mixed -delivery system) has not
been addressed.
Kayla Schott-Bresler, Executive's Office, stated that because of the
investment from the Council in childcare expansion projects through
American Rescue Plan Act (ARPA) funding, they have prioritized spending
that money prior to the Healthy Children's Fund tax revenue and anticipate
(from the $13 million of ARPA funding) creating about 600 childcare slots
in Whatcom County. Even though the Healthy Children's Fund is not
necessarily the vehicle funding that childcare expansion, there is a great
deal of childcare expansion work happening in the community right now.
Councilmembers and Schott-Bresler discussed that people want to see that
their money is going to whatever it is they think it is going to, why it seems
that a large percentage of the funds are going to overhead, the fact that the
first contracts out of the Healthy Children's Fund have tended to be more
for the vulnerable children's side of the spending plan but that they expect
to bring contracts forward soon to the Council for the childcare spending,
the fact that ARPA was just used first for investments in childcare, the
intent of voters that the Healthy Children's funding for childcare is in
addition to the ARPA investments and not in place of, seeing a breakdown
of what percentage of Healthy Children's Fund money is going (or has
gone) to which category, and the fact that they may not be seeing the money
going out the door as quickly as they might want but that Council is
expecting the curve at which the money for childcare is going out the door
to be accelerating.
Donovan's motion that the SUBSTITUTE Contract be AUTHORIZED
carried by the following vote:
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Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, and Scanlon
Nay: I - Stremler
7. AB2024-659 Request authorization for the County Executive to enter into a contract between
Whatcom County and Ferndale Community Services to increase housing stability for
families with children ages 0 to 5, in the amount of $376,416
Donovan reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED.
Elenbaas stated that everything he stated for AB2024-628 applies to this
item.
Donovan's motion that the Contract be AUTHORIZED carried by the
following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, and Scanlon
Nay: 1 - Stremler
8. AB2024-664 Request authorization for the County Executive to enter into a contract between
Whatcom County and Lydia Place to expand mental health and parent support
services to low-income families with children ages 0-5, in the amount of $474,786
Donovan reported for the Finance and Administrative Services Committee
and moved that the SUBSTITUTE Contract be AUTHORIZED.
Elenbaas stated that everything he stated for AB2024-628 applies to this
item.
Donovan's motion that the SUBSTITUTE Contract be AUTHORIZED
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, and Scanlon
Nay: 1 - Stremler
OTHER ITEMS
(From Council Finance and Administrative Services Committee)
1. AB2024-654 Request authorization for the County Executive to enter into a contract between
Whatcom County and Ferndale School District to purchase and install an
ADA-compliant playground, in the amount of $700,000
Donovan reported for the Finance and Administrative Services Committee
and moved that the Contract be HELD IN COMMITTEE (for further
discussion and discussion of potential funding sources).
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Kayla Schott-Bresler, Executive's Office, answered whether investment in
the playground made the district eligible for other funding to open up, and
stated she is uncertain whether it was an explicit grant requirement or just a
component of a high functioning program, but she knows that the County
made their grant award contingent on the school getting these additional
Early Childhood Education and Assistance Program (ECEAP) slots. The
school district made a very strong case to the County's Request for
Proposal (RFP) review panel that this ADA accessible playground was an
important component of them providing the slots.
Donovan's motion that the Contract be HELD IN COMMITTEE carried by
the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
(No Committee Assignment)
2. AB2024-572 Resolution establishing regular Council meeting dates for 2025
Cathy Halka, Clerk of the Council, answered questions about the dates and
Councilmembers discussed whether meetings have to be held on Tuesdays.
Donovan moved and Buchanan seconded that the Resolution be
APPROVED. The motion carried by the following vote:
Ayc: 7, Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Enactment No: RES 2024-041
COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. AB2024-616 Application to a vacancy on the Justice Project Oversight and Planning (JPOP)
Committee, supportive housing subject matter expert, Applicant(s): Pamela Kahn
Councilmembers asked if applicant Pamela Kahn would like to address the
Council but the applicant did not speak.
Buchanan moved and Stremler seconded that the Council Appointment
Requiring Introduction be APPOINTED. 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.
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INTRODUCTION ITEMS
Donovan moved to introduce items one through seven. The motion was
seconded by Scanlon (see votes on individual items below).
1. AB2024-638 Appointment to a vacancy on the Forest Resilience Task Force, trust land beneficiary
representative, Applicant(s): Tom Smith
Donovan moved and Scanlon seconded that the Council Appointment
Requiring Introduction be INTRODUCED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
2. AB2024-639 Resolution approving the Whatcom County 2025 Annual Construction Program
Donovan 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
3. AB2024-642 Resolution amending the 2024 Flood Control Zone District and Subzones Budget,
request no. 6, in the amount of $11,350 (Council acting as the Whatcom County
Flood Control Zone District Board of Supervisors)
Donovan moved and Scanlon seconded that the Resolution (FCZDBS) be
INTRODUCED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
4. AB2024-644 Resolution approving the Whatcom County 2025 - 2030 Six -year Transportation
Improvement Program
Donovan 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
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5. AB2024-657 Ordinance amending the project budget for the Plantation Rifle Range Lead
Reclamation & Captial Improvement Fund, request no. 2
Donovan 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
6. AB2024-658 Ordinance amending the project budget for the Hovander Park Building
Improvements Fund, request no. 2
Donovan 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
7. AB2024-660 Ordinance amending the 2024 Whatcom County Budget, request no. 13, in the
amount of $2,122,735
Donovan 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
COMMITTEE REPORTS, OTHER ITEMS. AND COUNCILMEMBER UPDATES
Councilmembers gave Committee reports (continued after AB2024-670
below).
They reported for the Committee of the Whole Executive Session and
Donovan made a motion (see motion and vote below under AB2024-670,
then committee reports and other updates continued after that.
AB2024-670 Discussion with Pacifica Law Group, LLP regarding legal services for the Whatcom
County Council related to Initiative 2024-01 [Discussion of this item may take place
in executive session (closed to the public) pursuant to RCW 42.30.110(1)(i)]
Donovan moved to extend the contract with Pacifica Law Group through the
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Council Minutes - Final October 8, 2024
end of 2025 per the discussion in executive session and to extend the
budget authority to the full amount already approved by Council.
The motion was seconded by Buchanan.
The motion carried by the following vote:
Aye: 4 - Buchanan, Donovan, Galloway, and Scanlon
Nay: 3 - Byrd, Elenbaas, and Stremler
This agenda item was DISCUSSED AND MOTIONS) APPROVED.
Motion approved 4-3, with Byrd, Elenbaas, and Stremler opposed, to extend the contract with Pacifica Law Group
through the end of 2025 per the discussion in executive session and to extend the budget authority to the full amount
already approved by Council.
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
CONTINUED
ADJOURN
Councilmembers continued committee reports and gave other updates, and
the additional following people spoke in regards to a discussion about a
potential amendment to AB2024-667 and a meeting of the Public Utility
District earlier today:
• Satpal Sidhu, County Executive
• George Roche, Prosecuting Attorney's Office
The meeting adjourned at 8:15 p.m.
The County,Council approved these minutes on October 22, 2024.
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Cathy Haika, Council Clerk Bar chanan, Council Chair
Kristi Felbinger, Minutes Transcription
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