HomeMy WebLinkAboutSpecial Council Nov 12 2024Whatcom County
Council (Special)
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Minutes - Final
Tuesday, November 12, 2024
1PM
Hybrid Meeting - Council Conference Room
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 (Special) Minutes - Final November 12, 2024
Call To Order
Roll Call
Council.Chair Bar y Buchanan called the meeting to order at i p.m. in a
hybrid meeting.
Present: 7 - Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Kaylee Galloway,
Jon Scanlon, and Mark Stremler
Announcements
Special Presentation
1. AB2024-718 Presentation from Washington State Association of Counties (WSAC) regarding
2023-2024 activities and upcoming work program
The following people read from a presentation (on file) and answered
questions:
• Derek Young, Interim Executive Director for the Washington State
Association of Counties (WSAC)
• Lisa Janicki, WSAC Executive Committee President
They spoke about WSAC as an organization and its legislative priorities.
Satpal Sidhu, County Executive, spoke about the system of sales and
property tax as a source of revenue and that it is outdated. He asked if there
can be an overall change in the system and spoke about an idea of funding
local governments with State or Federal grants and giving them discretion
on how they spend.
Janicki encouraged Councilmembers to participate in the state legislative
process.
They discussed with Councilmembers and the Executive what issues should
be directed to WSAC and which should be directed to the Municipal
Research and Services Center (MRSC), what WSAC can do to advocate for
housing affordability, and opportunities to be more involved in the
legislative process.
Clerk's note: Councilmembers took a short break before going to the next
item.
This agenda item was PRESENTED.
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Items Added by Revision
1. AB2024-774 Discussion of an ordinance adopting amendments to WCC Titles 20 and 22 to enact
SSB 5290 regarding local project review
The following people spoke and read from a presentation (on file):
• Mark Personius, Planning and Development Services Department
Director
• Amy Keenan, Planning and Development Services Department
Keenan stated one of the things they heard the most was how uncomfortable
people were with the critical areas review and the Health permits being
linked. She stated they would be OK with proposing to remove septic
system or water availability approvals for the Health Department from
Planning's critical area review and going back to the status quo. When the
Health Department is linked with Planning in Intergove (Planning's permit
tracking system) they can link to each other's permits, so onsite sewage
system (OSS) permits could be reviewed by Planning's critical areas staff.
But they are OK with working it out in the interim. She spoke about the
permitting process in the last few years, what they are hoping to accomplish
with the new code, and how it would compare to the current process. She
answered questions.
Galloway stated it has been a tight turnaround to be able to engage in a
stakeholder process, but she and Elenbaas met with stakeholders to work
through some of the concerns and to develop potential amendments to be
considered in a substitute version. She stated it strikes the mention of
septic systems and water availability approvals to the Health Department
from Whatcom County Code (WCC) 22.05.022(1) since it is not actually a
requirement to be in compliance with SSB 5290, adds language in WCC
22.05.022(2) that would clarify that the critical area review will fall within
the State -prescribed permit review timelines, and adds language in WCC
22.05.022(4) around setting some parameter for issuing a critical area
review within a certain time period. She stated Council needs to have a
conversation about how to build capacity in Planning and Development
Services to ensure that these permit timelines are being met.
Personius answered whether this needs to be done by the end of the year
and stated the State law goes into effect on January 1 st.
Aly Pennucci, Executive's Office, Councilmembers, and staff discussed
why the Planning Department was not part of the stakeholder meetings,
when a new ordinance would need to be introduced, whether just striking the
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language in WCC 22.05.022(1) would remove a lot of the concern from the
community, that Planning will need to review and respond to the proposed
substitute ordinance, what stakeholders were in the stakeholder meeting to
give feedback, whether this would be solving the tug of war that can happen
between Planning and Health and Community Services, the fact that it is the
processes (not people) that do not talk to each other between the
departments, and that getting Health on the Intergov software will solve that.
Pennucci stated that the Executive's recommended budget includes the
resources to do that work to integrate Health and Planning.
This agenda item was DISCUSSED.
2. AB2024-510 Discussion regarding membership of Council standing committees and other potential
changes to meeting logistics
Cathy Halka, Clerk of the Council, updated the Councilmembers on a
history of the item. She stated on July 23, 2024 the Council held an
ordinance in committee that would increase the members of the Council's
committees from three to seven, and in the course of that discussion, there
was also interest in discussing broader meeting logistics. She referred to
the staff memo on file.
Councilmembers discussed challenges around Councilmembers not being
able to attend events classified as private (that would not be noticed as a
meeting) because of quorum rules.
George Roche, Prosecuting Attorney's Office, stated if there is
intersection with Council business at an event it is considered to be subject
to the Open Public Meetings Act (OPMA).
Councilmembers discussed potential benefits of and other concerns about
seven -member committees, meeting efficiencies around making
recommendations in committee and then having to vote again in Council,
and the possibility of not having to do that with seven members.
Roche answered what the code requirements are for readings of an
ordinance and spoke about the role of committees, and that Council could
look at the way they are utilizing them to find improvements, such as not
making recommendations to themselves.
Councilmembers discussed the use of committees, the idea of having
committees on the "off -Tuesdays" when there is not a regular Council
meeting, what changes they could potentially package together with a
seven-member-commmittees ordinance, the number of Council staff
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members it takes to staff a meeting, the idea of having meetings on Tuesday
and Wednesday as opposed to every Tuesday, and the idea of taking final
action in Finance and Administrative Services Committee every week.
Roche answered whether public comment in a Finance meeting could only
be allowed on Finance Committee agenda items as in a public hearing. He
spoke about avoiding free speech issues and the challenge of having to
determine what comments are appropriate or not if they went that route.
Councilmembers discussed whether they would be negating efficiency if
they had hours of open public comment during a committee, whether an
off -Tuesday meeting would be during the day, an idea of no longer having
the Water Work Session meetings but instead having regular committee
meetings on those Tuesdays and having the regular evening Council meeting
on the standard Tuesdays, an idea of allowing for final action just in
Committee of the Whole, and whether they need to work on a proposal to
bring before the Council.
Halka stated Council could make a motion to schedule an "x" number of
Special Committee of the Whole meetings during the year and make a
motion to move all the Water Work Session items into those meeting dates.
Councilmembers discussed that idea.
Scanlon moved to request that staff prepare a proposal to add six
Committee of the Whole meetings, at one hour each, to their 2025 agenda.
The motion was seconded by Donovan.
Councilmembers discussed trying that just for the first quarter, whether
these meetings would be held prior to the Health Board meetings, whether
an hour is enough time, holding the Council retreat earlier in the year to do
some strategic planning, learning about big topics they will be facing each
year in advance so they can build strategy around those, and what additional
workload the Charter Review and Comprehensive Plan will bring to staff
and Council.
Scanlon amended his motion and moved to request that staff prepare a
proposed calendar that includes three one -hour Committee of the Whole
meetings between quarter one and quarter two and propose a council retreat
in quarter one.
Scanlon restated him motion and moved to request that staff prepare a
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proposal for Council's 2025 calendar that includes three one -hour
Committee of the Whole meetings between quarter one and quarter two and
a Council retreat in quarter one.
Councilmembers discussed the motion and that they should be scheduled as
special Committee of the Whole meetings at this point.
The motion carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Galloway, Scanlon, and Stremler
Nay: 0
Out of the Meeting: 1 - Elenbaas
Halka asked if they are going to have the usual ten Water Work Session
meeting dates and six Health Board dates, and Councilmembers discussed
that and a request that they address Lake Whatcom issues in Committee of
the Whole.
Buchanan moved to instruct staff to not schedule Water Work Sessions
and to have those items be moved into committees.
The motion was seconded by Byrd.
Buchanan amended his motion and moved to not schedule Water Work
Sessions, direct what would have been Water Work Session topics into
their respective committees, and move all Lake Whatcom discussions into
Committee of the Whole.
The motion carried by the following vote:
Aye: 6 - Byrd, Donovan, Galloway, Scanlon, Stremler, and Buchanan
Nay: 0
Out of the Meeting: 1 - Elenbaas
This agenda item was DISCUSSED AND MOTION(S) APPROVED.
Motion Approved 6-0 (with Elenbaas out of the meeting) to request that staff prepare a proposal for Council's 2025
calendar that includes three one -hour Committee of the Whole meetings between quarter one and quarter two and a
Council retreat in quarter one.
Motion approved 6-0 (with Elenbaas out of the meeting) to not schedule Water Work Sessions, direct what would
have been Water Work Session topics into their respective committees, and move all Lake Whatcom discussions into
Committee of the Whole.
Other Business
Donovan asked what process they might be able to set up in which Council
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Adjournment
is given opportunities to give policy direction on Growth Management Act
(GMA) issues like population projections.
Matt Aamot, Planning and Development Services Department, stated if
Council wants to set up regular meetings to give direction that would great
for them. He spoke about what is involved in the process for determining
population and employment projections.
Councilmembers discussed maybe having regular meetings monthly for the
first quarter of 2025 and having more as they get closer to the end of the
year, how a legislative analyst might help in the process, and whether
Councilmembers would like to have further discussion regarding the code
regulations in the Heavy Impact Industrial (HII) zone on November 19th.
The meeting adjourned at 4:13 p.m.
Th.,�d these minutes on December 3, 2024.
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
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CathylIalka, C uricil,C16fk
Ba uch nan, Council Chair
Meeting Minutes prepared by Kristi Felbinger
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