HomeMy WebLinkAboutCouncil Jan 28 2025Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Minutes - Final
Tuesday, January 28, 2025
6PM
Hybrid Meeting - Council Chambers
AGENDA REVISED 1.27.2025 - 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 Siren -der
CLERK OF THE COUNCIL
Cathy Ham, AlCP, CMC
Council Minutes - Final January 28, 2025
COUNTY COUNCIL
CALL TO ORDER
Council Chair Kaylee Galloway called the meeting to order at 6:03 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
Satpal Sidhu, County Executive, spoke about the death of a Public Works
road maintenance crew employee today.
He updated the Council on the Justice Project, the crises of Fentanyl and
homelessness and a concern about the County trying to do too much with
too little, and on the Comprehensive Plan process and priorities such as
supporting the population growth allocation requested by the cities and
working with the Council to consider changes to our current UGA
boundaries and policies.
Councilmember Stremler spoke about the employee involved in the
accident today and Councilmembers led in the observance of a moment of
silence.
MINUTES CONSENT
Buchanan moved to accept the minutes consent items. The motion was
seconded by Scanlon (see votes on individual items below).
1. MIN2025-001 Special Committee of the Whole for January 14, 2025
Buchanan 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. MIN2025-002 Regular County Council for January 14, 2025
Buchanan moved and Scanlon seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
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Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
3. MIN2025-003 Committee of the Whole Executive Session for January 14, 2025
Buchanan 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. MIN2025-004 Committee of the Whole for January 14, 2025
Buchanan 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
PUBLIC HEARINGS
1. AB2025-059 Ordinance adopting amendments to Whatcom County Code Titles 20 & 22 to enact
SSB 5290 regarding local project review
Galloway opened the Public Hearing and the following people spoke:
• Dan Dunne
• Charly Myers
• Pam Brady
• Rud Browne
Hearing no one else, Galloway closed the Public Hearing.
Byrd moved that they vote no on this one and request that PDS come back
with an updated version that incorporates some of these additional changes.
There was not a second and Byrd stated someone else could wordsmith the
motion.
Elenbaas moved that they send this back to the drawing board to
incorporate the changes that have been suggested by former
Councilmember Rud Browne and the Building Industry Association of
Whatcom County (BIAWC). The motion was seconded by Byrd.
Elenbaas amended his motion and moved that they refer this item
(AB2025-059) back to Committee of the Whole. The motion was seconded
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by Donovan.
Councilmembers discussed the motion and that the changes may require
that the ordinance be re -introduced, which is why Elenbaas did not want to
put a timeframe on his motion.
Donovan suggested to amend the motion to not hold this indefinitely but to
hold it for two weeks.
Councilmembers discussed the motion and suggestion to define it for two
weeks, and having Council staff reach out to other counties to see what their
timelines are and how many are requiring separate processes for the site
plan and building permit.
Elenbaas accepted the suggested amendment to his motion to refer this
item back to Committee of the Whole in two weeks.
Councilmembers discussed the motion, the process for incorporating the
additional suggested amendments, and adding an amendment about
refunding fees if the County does not achieve the deadline as opposed to
issuing a denial.
Elenbaas' motion that the Ordinance Requiring a Public Hearing be
REFERRED TO COMMITTEE and sent to Council Committee of the Whole
in two weeks carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Scanlon, and Stremler
Nay: 1 - Galloway
Motion approved 6-1 with Galloway opposed that they refer this item (AB2025-059) back to Committee of the
Whole in two weeks.
2. AB2024-874 Ordinance adopting amendments to Whatcom County Code Title 20, Zoning
Galloway opened the Public Hearing and hearing no one, closed the Public
Hearing.
Elenbaas moved and Donovan seconded that the Ordinance Requiring a
Public Hearing be ADOPTED.
Elenbaas discussed the motion.
Elenbaas's motion that the Ordinance Requiring a Public Hearing be
ADOPTED carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
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Nay: 0
OPEN SESSION
Enactment No: ORD 2025-004
The following people spoke:
• Rebecca Wyatt
• Joe Busch
• Adam Bellingar
• John Westerfield
• Janice Holmes
• Diane Kitchen
• Michelle Ruiz
• Tess Winds -Johnson
• Veronica Chapin
• Daniel Harm
• Chris Gilett
• Austin Papritz
• Irene Morgan
• Eric Flores
• Charlot Harman
• Doug Revelle ("Yoshe")
• Marc Urban
• Rhayma Blake
• William Sager
• Markis Dee
• Name not stated
• Lyle Sorenson
• Name not stated
• Dan Welickovitch
• Natalie Chavez
• Kaia Hayes
• Misty Flowers
• Heather K
Hearing no one else, Galloway closed the Open Session.
Councilmembers took a short break.
CONSENT AGENDA
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(From Council Finance and Administrative Services Committee)
Donovan reported for the Finance and Administrative Services Committee
and moved to approve Consent Agenda item numbers 1 and 2-14.
Councilmembers voted on those items (see votes on individual items
below).
1. AB2024-866 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Washington State University to continue the jointly
shared costs for faculty positions and program support for WSU Whatcom County
Extension in the amount of $282,257 for a total amended contract amount of
$3,542,793.90
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
2. AD2025-050 Resolution cancelling uncollectible personal property taxes
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 2025-006
3. AB2025-076 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and North Sound Behavioral Health Administrative
Services Organization to provide behavioral health services within the North Sound
Integrated Care Network in the amount of $206,191, for a total amended contract
amount of $3,127,031
This item was considered separately below.
4. AB2025-077 Request authorization for the County Executive to enter into a two-year contract
between Whatcom County and the Whatcom Council on Aging for staffmg and
operation of the Bellingham Senior Activity Center, in the amount of $174,182
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:
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Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
5. AB2025-078 Request authorization for the County Executive to enter into a two-year contract
between Whatcom County and the Jet Oldsters Association of Ferndale for staffing
and operation of the Ferndale Senior Activity Center, in the amount of $174,182
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. AB2025-079 Request authorization for the County Executive to enter into a two-year Interlocal
Agreement between Whatcom County and the City of Blaine for staffing and
operation of the Blaine Senior Activity Center, in the amount of $174,182
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. AB2025-080 Request authorization for the County Executive to enter into a two-year Interlocal
Agreement between Whatcom County and the City of Lynden for staffing and
operation of the Lynden Senior Activity Center, in the amount of $174,182
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
8. AB2025-083 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Lifeline Connections to provide Mental Health Court
case coordination services in the amount of $15,000, for a total amended contract
amount of $25,000
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
9. A132025-084 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Whatcom Dispute Resolution Center in the amount of
$36,000 for a total amended amount of $64,000
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
10. AB2025-086 Request authorization for the County Executive to enter into an agreement between
Whatcom County and Tyler Technologies, Inc. (Tyler) to migrate our Tyler Enterprise
Permitting and Licensing (EPL) system to the Tyler cloud and to provide ongoing
annual hosting and maintenance in the amount of $344,215.46 per year starting in
2025
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. AB2025-087 Resolution to approve annual petition for refunds paid list consistent with RCW
84.69.020
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 2025-007
12. AB2025-088 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and City of Bellingham to provide partial funding for the
severe weather shelter, 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
13. AB2025-090 Request authorization for the County Executive to enter into a contract between
Whatcom County and Peace Centers to implement a coordinated system of licensed
drop -in childcare within Whatcom County, in the amount of $499,921
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
14. AB2025-119 Request authorization for the County Executive to enter into a contract between
Whatcom County and Sustainable Connections in support of their Whatcom Housing
Alliance coordination in the amount of $50,000
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
CONSENT AGENDA CONSIDERED SEPARATELY
3. AB2025-076 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and North Sound Behavioral Health Administrative
Services Organization to provide behavioral health services within the North Sound
Integrated Care Network in the amount of $206,191, for a total amended contract
amount of $3,127,031
Donovan reported for the Finance and Administrative Services Committee
and moved that the Contract be TABLED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
OTHER ITEMS
(From Council Finance and Administrative Services Committee)
1. AB2025-016 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the Attorney General of Washington for cy pres
funding, in the amount of $125,000
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This agenda item was WITHDRAWN.
2. AB2025-089 Request authorization for the County Executive to enter into a contract between
Whatcom County and Opportunity Council to expand and retain childcare slots in
Whatcom County, in the amount of $411,631
Donovan reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED.
Scanlon stated this is also known as the "C-RECC program" and there was a
previous discussion on it in the Public Works and Health Committee
(AB2024-845).
Elenbaas discussed the motion.
Donovan's motion that the Contract be AUTHORIZED carried by the
following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 1 - Byrd
3. AB2025-092 Request authorization for the County Executive to enter into the GCB 3207 Public
Works Emergency Response Assistance Mutual Aid Agreement between Whatcom
County and the Washington State Department of Transportation (WSDOT)
Donovan reported for the Finance and Administrative Services Committee
and moved that the Agreement be AUTHORIZED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
4. AB2025-107 Request authorization for the County Executive to enter into a two year contract
between the Bellingham Food Bank and Whatcom County to help address food
insecurity in the amount of $1,445,000
Donovan reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
(From Council Committee of the Whole)
5. AB2025-082 Resolution adopting the Lake Whatcom Management Program (LWMP) 2025 -
2029 Work Plan
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Galloway reported for the Committee of the Whole 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 2025-008
COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
AB2025-071 Appointments to vacancies on the Whatcom County Ferry Advisory Committee,
various positions, Applicant(s): Rhayma Blake, Rodger Prestiy, William Sager, Tess
Winds -Johnson
Scanlon moved and Buchanan seconded to consider all applications
(including the late applicant).
Councilmembers discussed the motion and making sure there are off -island
representatives on the committee. This appointment appoints for two
vacancies for the "Island resident or property owner" position, and there are
other vacancies for "Mainland: all' and "Mainland: Unincorporated" that
would remain open for future applicants who meet those qualifications.
There are four total off -island spots. Two of those are terming out and two
have terms that will continue.
Pam Gould spoke about who the current off -island committee members are
and that the committee has tried to get more applicants.
Councilmembers discussed a concern about the committee process moving
forward without the intended representation, but Scanlon stated because of
quorum rules, the advisory committee is going to hold their next meeting
whether or not Council appoints new members tonight.
The motion to consider all applications (including the late applicant) carried
by the following vote:
Aye: 7 - Donovan, Elenbaas, Galloway, Scanlon, Stremler, Buchanan, and
Byrd
Nay: 0
Scanlon moved to appoint all with a vote of two. The motion was seconded
by Donovan.
Councilmembers voted for two applicants and Rhayma Blake and Tess
Winds -Johnson were appointed as follows:
Rhayma Blake: 5 - Buchanan, Donovan, Galloway, Scanlon, and Stremler
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Tess Winds -Johnson: 5 - Buchanan, Byrd, Elenbaas, Galloway, and Scanlon
Janice Holmes: 2 - Donovan and Stremler
William Sager: 1 - Byrd
Rodger Prestiy
Rhayma Blake and Tess Winds -Johnson were APPOINTED with five votes
each.
MOTION SUMMARY:
Motion approved 7-0 to consider all applicants (including the late applicant).
Appointed Rhayma Blake and Tess Winds -Johnson with five votes each.
2. AB2025-105 Appointments to vacancies on the Business and Commerce Advisory Committee,
various positions, Applicant(s): Indca Mitchell, Kevin Menard
Scanlon moved and Donovan seconded to consider all applicants with a vote
of one.
Kevin Menard addressed the Councilmembers and answered questions
about residency requirements.
Kevin Menard was appointed by the following vote:
Kevin Menard: 7 - Elenbaas, Galloway, Scanlon, Stremler, Buchanan, Byrd,
and Donovan
Indca Mitchell: 0
Kevin Menard was APPOINTED with seven votes.
Appointed Kevin Menard with seven votes.
CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS,
COMMISSIONS, AND COMMITTEES
1. AB2025-044 Request confirmation of the County Executive's reappointment of Kara Allen to the
North Sound Behavioral Health Administrative Services Organization
Buchanan moved and Scanlon seconded that the Executive Appointment be
CONFIRMED.
Councilmembers discussed the applicant.
Buchanan's motion that the Executive Appointment be CONFIRMED carried
by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
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2. AB2025-099 Request confirmation of the County Executive's appointment of Brandon Richner to
the Whatcom County Agricultural Advisory Committee
Scanlon moved and Byrd seconded that the Executive Appointment be
CONFIRMED.
Elenbaas discussed the applicant.
Scanlon's motion that the Executive Appointment be CONFIRMED carried
by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
3. AB2025-100 Request confirmation of the County Executive's appointment of Lisa Shoemaker and
Alexander Jones to the Whatcom County Americans with Disabilities Act (ADA)
Compliance Committee
Scanlon moved and Donovan 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
4. AB2025-101 Request confirmation of the County Executive's reappointment of Sierra Crook to the
Whatcom County Food Systems Committee
Scanlon moved and Buchanan 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
5. A92025-102 Request confirmation of the County Executive's reappointment of Matthew Santos to
the Whatcom County Library System's Rural Library Board
Scanlon moved and Donovan 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
6. AB2025-108 Request confirmation of the County Executive's appointments of Doralee Booth,
Daniel Mead Smith, Stephen Nelson, and Sheila Wood to the Birch Bay Community
Advisory Committee
Buchanan moved and Scanlon seconded that the Executive Appointment be
CONFIRMED.
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Jed Holmes, Executive's Office, answered whether all four of the applicants
are for the at -large seats and what the next step is for filling the other
positions.
Councilmembers discussed the process for populating this advisory
committee.
Satpal Sidhu, County Executive, stated this group is a good move because
Birch Bay needed a formal way reach out to the Council and Executive for
their needs, and this starts that process.
Buchanan's motion that the Executive Appointment be CONFIRMED carried
by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
7. AB2025-110 Request confirmation of the County Executive's appointments of Andy Leveto, Geoff
Klise, and Ryan Rickerts to the Whatcom County Parks and Recreation Commission
Scanlon moved and Donovan seconded that the Executive Appointment be
CONFIRMED.
Councilmembers discussed the applicants.
Scanlon's motion that the Executive Appointment be CONFIRMED carried
by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
8. AB2025-115 Request confirmation of the County Executive's appointment of Kerri Burnside to the
Whatcom County Housing Advisory Committee
Scanlon moved and Byrd 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
There were no Introduction items.
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COMMITTEE REPORTS, OTRER ITEMS, AND COUNCILMEMBER UPDATES
Councilmembers gave committee reports.
Galloway reported for Committee of the Whole and stated they did not get
to AB2025-118 and AB2025-075.
Jed Holmes, Executive's Office, stated the Administration can
communicate the update on the state legislative session (AB2025-118) in
writing or they can set up meetings if there are specific questions.
Scanlon moved to add House Bill 1480 to the Whatcom County State
legislative priorities for the 2025 legislative session.
The motion was seconded by Galloway.
Scanlon gave an overview on his motion and stated it is a bill around a local
option for real estate excise tax for affordable housing. It removes the
barrier of this only being available to one county.
Satpal Sidhu, County Executive, stated the housing shortage is so big, we
cannot tax our way through it.
Scanlon answered questions and Councilmembers discussed the motion and
whether it is a solution to the problem.
The motion carried by the following vote:
Aye: 4 - Galloway, Scanlon, Buchanan, and Donovan
Nay: 3 - Stremler, Byrd, and Elenbaas
Galloway encouraged people with questions about legislative bills to ask.
Scanlon spoke about AB2025-075. He stated the idea is to have
Councilmember office hours in the library system and to get them out in
the community periodically to connect with constituents. He answered
questions.
Councilmembers discussed their interest in Scanlon's idea, having Council
meetings in different locations once or twice a year, and how the events
would be noticed.
Councilmembers gave updates on recent activities and upcoming events.
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Motion approved 4-3, with Stremler, Byrd, and Elenbaas opposed, to add House Bill 1480 to the Whatcom County
State legislative priorities for the 2025 legislative session.
ADJOURN
The meeting adjourned at 9:45 p.m.
The County Council approved these minutes on February 1], 2025.
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A COS• WHATCOM COUNTY COUNCIL
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Cathy Halka, Counclfciefk Kaylee Galloway, Council Chair
Meeting Minutes prepared by Kristi Felbinger
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