HomeMy WebLinkAboutCommittee of the Whole Sep 23 2025Whatcom County
Council Committee of the Whole
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Committee Minutes - Final
Tuesday, September 23, 2025
1PM
Hybrid Meeting - Council Chambers
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COUNCILMEMBERS
Barry Buchanan
Tyler Byrd
Todd Donovan
Ben Elenbaas
Kaylee Galloway
Jon Scanlon
Mark Stremler
CLERK OF THE COUNCIL
Cathy Halka, AICP, CMC
Council Committee of the Whole Committee Minutes - Final September 23, 2025
Call To Order
Roll Call
Council Chair Kaylee Galloway called the meeting to order at 1:03 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. AB2025-505 Presentation on the final report of the independent study of Whatcom County's fire
district and Emergency Management Services (EMS) system by Rick Harrison and
Jason Malloy, Mission Critical Partners
Rick Harrison, Mission Critical Partners, read from a presentation (on file).
Jason Malloy, Mission Critical Partners, also answered questions.
Harrison stated the goal of the study is to provide an independent, objective
evaluation that the Council can use as a foundation for dialogue,
decision -making, and long-term planning. He summarized the
recommendations of the report.
Councilmembers and the speakers discussed some of the
recommendations:
Prospect should be consolidated with, or co -located into, What -Comm to
enhance operational efficiency (Section 6.2)
While MCP has not identified a pressing need to expand the current ALS or
BLS deployment models, an annual review should be conducted to assess
emerging needs and address factors contributing to extended response times.
The Deming area, in particular, should be continually monitored for delays
and evaluated for the potential placement of a dedicated unit (Section 5.2)
Paramedic training should be provided through local academic institutions to
increase the availability of qualified personnel within the region (Section 9.1)
Galloway asked if they looked at some of the potential downfalls of a
co -located dispatch (6.2), and she spoke about benefits of having separate
locations, which she learned more about when she spent a day at the
Prospect location_ She asked whether there are any cost savings with the
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current dispatch model versus a consolidated model.
Harrison stated their recommendation was to co -locate the two centers
(hopefully in one room) and he spoke about the benefits of that and of
consolidation, which is a different story. He and Malloy spoke about the
sharing of technology as a benefit of co -location but that they did not do a
technology assessment.
Scanlon asked whether they looked at gaps in Advanced Life Support (ALS)
in other parts of the county besides Deming (5.2).
Byrd asked if they have estimated cost savings related to their
recommendations, an estimated cost of what a consolidation analysis would
be, whether applicability of recommendations and structures apply
specifically to Washington State, whether they looked at what other
paramedic schools are available in Washington State and what they cost
(9.1), and what recommendations Whatcom County should move forward
with first.
Councilmembers discussed continuing to work on this, working with the
EMS Oversight Board representative, that Galloway, Elenbaas, and Byrd
could work on it together, and whether someone from the Executive's
Office should join them in their conversations.
Kayla Schott-Bresler, Executive's Office, stated she is happy to join in and
can also loop in the new EMS administrator when she comes on board in
mid -October.
This agenda item was PRESENTED.
AB2025-665 Presentation from Matrix Consulting Group on the Harassment and Complaint
Policies and Procedures Evaluation Final Report
Alan Pennington, Matrix Consulting Group President, read from a
presentation (on file) on their findings and the recommendations in their
report.
Donovan spoke about the original call from employees about what the
County can do to rebuild trust and that he does not know how they measure
that, that he does not know the mechanism for the recommendation about
having all elected offices adopt the same sort of HR policies, what
meaningful training would look like to employees, and why having an
Ombuds Office was not a recommendation.
Pennington stated rebuilding trust takes time and they need to make sure
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Council Committee of the Whole Committee Minutes - Final September 23, 2025
they treat HR as independent and objective and not an arm of the
Administration or the Council. He spoke about why they did not
recommend an Ombuds Office and stated it makes sense that investigation
functions remain in HR.
Buchanan stated it is critical to have HR policies that are consistent across
the board for everybody that works for the County. He asked what the
relationship is between HR and all the elected offices and what they need to
do to build consistency across them.
Pennington stated that is not an easy one to resolve which is why they used
language like "encouraged" and "request."
Scanlon stated he would like to look at the recommendations and at what
HR reported today (AB2025-644) that they are doing, and see what is not
covered and what would be needed in order to take on other
recommendations in the report. He would also like to look at timelines for
these tasks.
Aly Pennucci, Executive's Office, stated they can report back on that.
Galloway stated it would be helpful to have a Council point person for this
body of work in coordination with the Executive's Office and HR.
Elenbaas stated our HR policies and practices maybe came from an era
when there were fewer employees and that maybe the high response level to
the survey should be a red flag. He would like to have surveys like this on an
annual basis.
Pennucci spoke about the role of HR but also the role of County leadership
in departments to prioritize this work.
Byrd spoke about the idea of having an annual survey, and that they need to
have a conversation about information and identifying factors that are
getting back to supervisors and that may potentially lead to retaliation.
Stremler spoke about incorporating that anyone in a listening position needs
to know how to respond in a way that makes the other person feel valued and
heard.
This agenda item was PRESENTED.
Committee Discussion
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Council Committee of the Whole Committee Minutes - Final September 23, 2025
AB2025-509 2025-2026 Mid -Biennium Budget Review
The following people read from a presentation (on file) about the Road
Fund and discussed the item with the councilmembers:
• Aly Pennucci, Executive's Office
• Elizabeth Kosa, Public Works Department Director
• Satpal Sidhu, County Executive
The presentation focused on how the Road Fund got to where it is, what the
proposal is to address the issues in the fund in the 2026 mid -biennium
review, and potential additional strategies on which they would like Council
feedback.
Councilmembers and the speakers discussed the fund balance reserve and
setting guardrails for spending it down so that what happened after 2015
does not happen again, doing five-year fund projections rather than biennial
projections, that the County maybe prioritized policies that have made
things cost more, continuing to be clear and transparent with the public
about why it may feel like they are getting less when they are paying more,
telling the public what the County is doing with the money that we have so
they know where their tax dollars are going and that the County is investing
in the pubic good, educating legislators to help them understand the cause
and effect of State and Federal policies on local government, and that
one-time additional funds would go toward the operations side of the house.
This agenda item was DISCUSSED.
2. AB2025-616 Discussion of an ordinance amending Whatcom County Code Chapter 3.05, Tort and
Damage Claims, to create a risk management committee and clarify the processing of
tort claims
Donovan briefed the councilmembers on the origins of the proposed
ordinance.
Scanlon spoke about the proposed Risk Management Working Group and
stated there is something in place that started with an executive order many
years ago but they are trying to codify it, and then have a council member on
that committee. Council would like to be able to look at trends to be able to
determine if changes to the code or budget need to be made.
Donovan stated the substitute ordinance corrects some of the titles of
members on the working group.
Christopher Quinn, Prosecuting Attorney's Office, answered whether this
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requires a public hearing and stated it does.
Galloway pointed out a Whereas clause which states "Resolution 2025-021
does not designate the Chair of the Finance Committee to serve as an
alternate director in contrast with the Resolution 1988-045" and stated they
will likely bring a resolution to amend that resolution should this ordinance
pass. It would formally add the chair of the Council's Finance Committee or
a designee to the state risk pool board as an alternate member. She stated
this working group (proposed in this ordinance) would be different, though,
than the Washington County's Risk Pool Board.
Satpal Sidhu, County Executive, referenced the added last sentence in code
section 3.05.030 and asked if the disclosures would be in executive session
or in a public setting.
Quinn stated it would be on a case -by -case basis. He answered if the
ordinance, how it is written, gives the flexibility to disclose in the way that
is appropriate, and stated he would be happy to review that.
Aly Pennucci, Executive's Office, stated that, as it is written, it is unclear
who is responsible for disclosing information.
Byrd spoke about when something might need to be disclosed in executive
session as opposed to publicly.
Donovan moved to amend 3.05.030 A to change the last sentence so that it
reads:
Council shall be notified of payments made by third parties in
settlement of county claims.
The motion was seconded by Byrd.
The motion carried by the following vote:
Aye: 6 - Byrd, Donovan, Elenbaas, Scanlon, Stremler, and Buchanan
Nay: 0
Out of the meeting: 1 - Galloway
Elenbaas stated he supports the ordinance.
Quinn asked if the Council is concerned about a timeline for notification
(in the amendment).
Donovan stated it depends on how often the risk pool group meets.
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Council Committee of the Whole Committee Minutes - Final September 23, 2025
Byrd moved to add "within 30 days" to the end of the previous amendment
so that it reads:
Council shall be notified of payments made by third parties in
settlement of county claims within 30 days.
The motion was seconded by Donovan.
Councilmembers discussed the motion.
The motion carried by the following vote:
Aye: 7 - Donovan, Elenbaas, Galloway, Scanlon, Stremler, Buchanan, and
Byrd
Nay: 0
This agenda item was DISCUSSED AND MOTION(S) APPROVED.
Motion approved to amend 3.05.030 A to change the last sentence so that it reads:
Council shall be notified of payments made by third parties in settlement of county claims.
Motion approved to amend 3.05.030 A to add "within 30 days" to the end of the previous amendment so that it
reads:
Council shall be notified of payments made by third parties in settlement of county claims within 30 days.
3. AB2025-632 Discussion relating to preliminary Planning Commission recommendations on
Whatcom County Comprehensive Plan Chapter 7, Economic Development,
associated with the 2025 Comprehensive Plan Update
Matt Aamot, Planning and Development Services Department, introduced
the item.
Aly Pennucci, Executive's Office, also answered questions.
Galloway asked how they can build in time in the process to more
exclusively go through Councilmember amendments.
Councilmembers and the other speakers discussed whether someone will
go through the whole plan to look for grammar or scrivener -type errors and
inconsistencies.
Elenbaas asked about the language that was recommended and inserted by
Public Works about adjudication (on page 7-15) and what about that needs
to be in the Comprehensive Plan. He stated he does not necessarily agree
with the statements and would rather they acknowledge the negative impacts
of adjudication.
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Council Committee of the Whole Committee Minutes - Final September 23, 2025
Galloway stated the theme of some of her amendments (Policy 7A-3) have
to do with recognizing the County and other public sector employers as
being part of the economy. She read from her document (attached as "Draft
proposed amendments - Galloway 9.24.2025") and Councilmembers
discussed them briefly.
In Policy 7A-5, she stated her suggested amendment would add language
around what they were calling green infrastructure which she thought was a
little bit narrow. Scanlon suggested they could also add manufacturing to
the list at the end of that policy.
In Policy 7A-6, she added a broad reference to apprenticeship programs and
Scanlon suggested adding the K-12 component to the list of partnerships.
In Policy 7A-7, she stated she was trying to list out the partners or
industries.
In Policy 7A-11, she stated she was hoping that her suggested amendment,
regarding establishing a competitiveness review, would bring more clarity.
Councilmembers discussed whether that would create an unfunded mandate,
whether calling it out in the Comprehensive Plan will facilitate it getting
done in a meaningful fashion, and that it is in the current Comprehensive
Plan.
Aly Pennucci, Executive's Office, stated this policy guidance is not a
mandate but it would support actions the Council could take.
Galloway stated there was a sentence in the Public/Private Partnerships
introductory paragraph on page 7-13 that the Planning Commission had
attempted to amend but she struggled to wrap her head around what it was
saying, so she proposed an alternate sentence.
Under Goal 7-13, she suggested adding a policy regarding opportunities for
government entities to stimulate the local economy, and stated our jail build
is a great example of government facilitating an opportunity for local
contractors and workers to have a job on a public project.
In Policy 7D-1, she suggested adding tribal agencies because she believes
there is a more co -managed approach (especially as it pertains to cultural
resources) to some of the environmental review for permitting, at least at
the State level.
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Council Committee of the Whole Committee Minutes - Final September 23, 2025
In Policy 713-2 she stated the word "Conduct" as opposed to "Consider
conducting," seems more assertive.
She proposed to combine Policies 7D-3 and 7134 with more
understandable language.
Under Business Retention and Expansion on page 7-20, she amended
language so as to more expansively articulate businesses' contributions to
our community and economy.
In Policy 7F-3, she stated her amended language is trying to capture things
like philanthropic donations (such as from Phillips 66 for the soccer
fields).
In Policy 7F-4, she stated she would like to memorialize that our
resource -based economies are sustainable.
Under Economic Growth and Environmental Quality on page 7-20, she just
stated that her amendment adds trails and employees.
Because of time, Galloway did not finish speaking to all of her proposed
amendments but said she could distribute them to Council, and they could
pick up on them whenever they get their next opportunity.
Elenbaas stated he would have Council Office staff prepare his proposed
amendments and send them to Council as well.
This agenda item was DISCUSSED.
4. AB2025-654 Discussion regarding Petrogas West, LLC reaching an agreement on a compliance
path for Cherry Point facility
Donovan stated that Planning and Development Services (PDS) had created
an expectation that there would be an environmental impact statement (EIS)
on the project changes/improvements to the Petrogas facility and kind of
pulled the rug out on September 3rd by saying they are issuing a Mitigated
Determination of Nonsignificance (MDNS) instead. He asked what they can
do about it. Several years ago, the Council went through a process to update
the code to deal with these kinds of things and the impacts that these sorts
of facilities (particularly fossil fuel facilities) would have on our
community. He stated this is maybe the first real test of that and it does not
look like it is working, so he asked what they do with that. He spoke about
things regarding the scale of this project about which the Council was not
told, and stated he would like PDS and the Executive to withdraw the MDNS
and to do the EIS. He stated we need to reflect on our code and whether
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Council Committee of the Whole Committee Minutes - Final September 23, 2025
there is a problem with it, and he does not have a clear explanation of why
the County changed its mind. He asked what they can do as a Council to
request the Planning director to do the EIS.
Satpal Sidhu, County Executive, stated he would like to hear from the
councilmembers before commenting.
Elenbaas stated he feels Councilmember Donovan's passion but he
appreciates the fact that PDS found a path to say yes to living wage jobs and
to operating our heavy industry in a manner in which we have historically
operated, and that we have gotten this company on board with doing things
the right way. He stated if they move forward with something from this
discussion, his intention would be to keep in mind the perception in
Whatcom County that we will do anything we can to crush a living wage job.
He stated he is appreciative that PDS worked toward getting the company in
compliance while allowing them to provide living wage jobs in Whatcom
County and a service to the world.
Scanlon stated one of his concerns is having full understanding of the needs
for public safety and emergency management around this and he does not
know if our plans are in place to be able to deal with the changes that have
occurred there. He thinks they should plan ahead for that, and one way is to
go through the SEPA and EIS process.
Elenbaas responded to Scanlon's concerns and stated he could facilitate an
information session on that specific topic or direct him to other people
who could do it.
Stremler asked who makes the decision about whether an EIS needs to be
done.
Mark Personius, Planning and Development Services Department Director,
stated it is his responsibility and authority to make the SEPA threshold
determinations and he referred to the rules, as written in his memo to
Council (on file). He responded to the comment about public safety and
stated that Fire District 7 issued comment letters in support of these
permits and he spoke about other input they have received.
Councilmembers discussed with the following people the process that was
followed, whether Council could find an alternative or file an appeal to
address the concerns, that Council should look at fixing the code, and that
follow-up questions can be routed through Personius:
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Council Committee of the Whole Committee Minutes - Final September 23, 2025
• Satpal Sidhu
• Dennis McLerran, Cascadia Law Group
This agenda item was DISCUSSED.
Items Added by Revision
Other Business
Adjournment
There were no agenda items added by revision.
There was no other business.
The meeting adjourned at 4:36 p.m.
The County Council approved these minutes on October 7, 2025.
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Meeting Minutes prepared by Kristi Felbinger
Whalcom County Page 10