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2024-09-10-minutes.pdf
| Document type | minutes |
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| Date | 2024-09-10 |
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| Source URL | — |
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| Entity | whatcom_county_council (Whatcom Co., WA) |
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| Entity URL | — |
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| Raw filename | 2024-09-10-minutes.pdf |
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| Stored filename | 2024-09-10-minutes.txt |
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Text
## Whatcom County Council
COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010
## Minutes - Final
Tuesday, September 10, 2024 6 PM Hybrid Meeting - Council Chambers
HYBRID MEETING (PARTICIPATE IN-PERSON, SEE REMOTE JOIN INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010) - AGENDA REVISED 9.9.2024
## COUNCILMEMBERS
Barry Buchanan
Tyler Byrd
Todd Donovan Ben Elenbaas Kaylee Galloway Jon Scanlon
Mark Stremler
CLERK OF THE COUNCIL
Cathy Halka, AICP, CMC
## COUNTY COUNCIL
## CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 6:01 p.m. in a hybrid meeting.
## ROLL CALL
Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Kaylee Galloway, Jon Scanlon, and Mark Stremler Present: 7 -
## 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. MIN2024-049
Committee of the Whole Executive Session for August 6, 2024
Galloway moved and Scanlon seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:
Aye: Nay: 0
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
## 2. MIN2024-050
Health Board and Public Health Advisory Board for July 30, 2024
Aye:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Nay:
0
## 3. MIN2024-051
Special Council for Jul 30, 2024
Galloway moved and Scanlon seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:
Aye:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
7 - 0
Nay:
## 4. MIN2024-052
Committee of the Whole for August 6, 2024
Galloway moved and Scanlon seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:
Galloway moved and Scanlon seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:
Aye:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Nay:
0
## 5. MIN2024-053
Regular County Council for August 6, 2024
Galloway moved and Scanlon seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:
Aye:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
7 -
Nay:
0
## 6. MIN2024-054
Health Board for March 26, 2024
Galloway moved and Scanlon seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:
Aye:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Nay:
0
## 7. MIN2024-055
Special Council for August 15, 2024
Galloway moved and Scanlon seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:
Aye: Nay: 0
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
## PUBLIC HEARINGS
## 1. AB2024-494
Resolution defining transportation improvements in accordance with newly amended state law (Council acting as the Governing Body of the Point Roberts Transportation Benefit District)
Scanlon briefed the Councilmembers and stated this allows the Point Roberts community to use tax dollars in the way they want them to be used regarding transportation. If Council approves it, they will be aligned with State law and with what the community wants. Then they will be able to hear from the community about their needs regarding transportation and fund those things.
Buchanan opened the Public Hearing and hearing no one, closed the Public Hearing.
Scanlon moved and Buchanan seconded that the Resolution Requiring a
## Public Hearing be APPROVED. The motion carried by the following vote:
7 -
Aye:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Enactment No: RES 2024-037
## OPEN SESSION
The following people spoke:
- · Adam Bellingar
- · Betsy Pernotto
- · Savannah Flynn
- · Chris Swenson
- · Karen Croy
- · David Foreman
- · Margaret Gerard
- · Tally Rabatin
- · Lorena Shah
- · Lyle Sorenson
- · Natalie Chavez
- · Ryan Cunningham
- · Misty Flowers
George Roche, Prosecuting Attorney's Office, spoke about the chair's authority to keep order in the room, and Buchanan asked that the commenter keep the comments on substance rather than individuals and not calling Councilmembers out.
- · Misty Flowers (continued testimony)
- · Kaia Hayes
- · Laura Sheehan
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 35, with item number 28 ( AB2024-582 ) having been withdrawn.
## 1. AB2024-518
Elenbaas requested to consider item numbers 19 and 22 separately.
Donovan amended his motion and moved to approve item numbers 1-18, 20-21, 23-27, and 29-35.
Councilmembers voted on those items (see votes on individual items below).
Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Administrative Office of the Courts for reimbursement of services relating to the Uniform Guardianship Act in the amount of $59,062
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:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Aye: Nay: 0
## 2. AB2024-527
Aye:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Nay:
0
## 3. AB2024-530
Aye:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Nay:
0
## 4. AB2024-531
Request authorization for the County Executive to enter into an interlocal agreement
Request authorization for the County Executive to enter into a contract amendment between Whatcom County and North Sound Behavioral Health Administrative Services Organization to fund the Recovery Navigator Program to enhance LEAD programming in the amount of $716,455, for a total amended contract amount of $1,382,910
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:
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 $1,322,177, for a total amended contract amount of $2,920,840
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:
between Whatcom County and the Washington State Department of Ecology to develop a Wiser Lake Cyanobacteria Management Plan, in the amount of $50,000
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:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Nay:
0
## 5. AB2024-535
Request authorization for the County Executive to enter into an interlocal grant agreement between Whatcom County and Washington State Department of Ecology for Floodplains by Design funding to advance three Phase 2 capital projects and one new capital project, in the amount of $12,500,000, with 80% provided by the Dept. of Ecology and 20% provided by the FCZD and project partners (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 BY CONSENT. The motion carried by the following vote:
Aye: 7 Nay: 0
## 6. AB2024-539
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Request authorization for the County Executive to enter into a contract between Whatcom County and YWCA Bellingham to rehabilitate an affordable housing facility, in the amount of $70,686
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:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Aye: Nay: 0
## 7. AB2024-540
Request authorization for the County Executive to award Bid #24-61 for the purchase of an engine-generator set and associated equipment from Cummins Sales & Service, located in Sumner, Washington, in an amount not to exceed $76,815.97
Donovan reported for the Finance and Administrative Services Committee and moved that the Bid Award be AUTHORIZED BY CONSENT. The motion carried by the following vote:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Aye: Nay: 0
8.
AB2024-541
Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and DentALL, PLLC for additional jail dental hours in the amount of $55,600 for a total amended amount of $171,600
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:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Nay:
0
## 9. AB2024-542
Request authorization for the County Executive to enter into an Interlocal Cooperative Purchasing Agreement with the City of Redmond which will allow reciprocal utilization of competitively solicited contracts, pursuant to RCW Chapter 39.34 Interlocal Cooperation Act
Donovan reported for the Finance and Administrative Services Committee and moved that the Bid Award be AUTHORIZED BY CONSENT. The motion carried by the following vote:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Aye: Nay: 0
## 10. AB2024-544
Aye:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Nay:
0
## 11. AB2024-548
Aye:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Nay:
0
## 12. AB2024-549
Request authorization for the County Executive to enter into a Local Agency Agreement amendment with Whatcom County and Washington State Department of Transportation for the Goshen Road - Anderson Creek Bridge No. 248 Replacement
Request authorization for the County Executive to enter into an Interlocal Agreement between Whatcom County and Washington State Department of Transportation, for the Whatcom County Ferry with a Youth Zero Fare Policy, in the amount of $45,000
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:
Request authorization for the County Executive to enter into a contract between Whatcom County and YWCA Bellingham to support the acquisition of an emergency shelter facility, in the amount of $1,000,000
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:
Project, in the amount of $200,000.00, for a total amended amount of $650,000.00
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:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Nay:
0
## 13. AB2024-551
Request authorization for the County Executive to enter into a Local Agency Agreement Amendment between Whatcom County and Washington State Department of Transportation for the North Lake Samish Drive Bridge No. 107 Replacement Project, for a reduction of funds in the amount of $453,451.25, for a total amended amount of $10,518,758.75
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: Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Nay:
0
## 14. AB2024-552
Aye:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Nay:
0
## 15. AB2024-554
Aye:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay:
Request authorization for the County Executive to enter into a contract between Whatcom County and Western Washington University to support development of coastal bluff erosion rates due to sea level rise across Whatcom County which will be used in the Phase 2 Climate Vulnerability Assessment and Shoreline Management Solutions project, in the amount of $35,600
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:
7 0
Request authorization for the County Executive to enter into a contract between Whatcom County and Herrera Environmental Consultants Inc. to complete a climate vulnerability assessment for current and future floodplains and to develop shoreline management solutions, in the amount of $215,000
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:
| 16. | AB2024-555 | Request authorization for the County Executive to enter into a contract between Whatcom County and Cowden Brothers Trucking, LLC to use the Cowden Brothers Trucking vactor waste facility for the disposal of waste produced by our vactor trucks while providing service to multiple functions within our Maintenance and Operations group, in the amount of $288,000 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: | Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 - |
| | Nay: | 0 |
| 17. | AB2024-556 | Request authorization for the County Executive to enter into a contract between Whatcom County and Gordon Thomas Honeywell Governmental Affairs to assist |
| | | Whatcom County in developing and implementing a legislative advocacy program in Donovan reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion |
| | | the amount of $86,040 |
| | | Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 - |
| | Aye: | Whatcom County and Catalyst Therapies LLC to support expansion of behavioral and mental health services to low-income children ages 0-5, in the amount of |
| 20. | AB2024-561 | Request authorization for the County Executive to enter into a joint funding agreement between Whatcom County and the United States Department of Interior, U.S. Geological Survey for stream flow or water quality data collection at ten Nooksack watershed stream gages, in the amount of $122,967 (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 BY CONSENT. The motion carried by the following vote: |
| | | Aye: Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 - |
| 21. | AB2024-562 | Request authorization for the County Executive to enter into a contract between Whatcom County and Domestic Violence and Sexual Assault Services to rehabilitate |
| | | and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: |
| | | $113,947.50 is provided by state funding, and a required 5% match totaling |
| | | items to low-income families with children ages 0-5, in the amount of $93,811 |
| This item was considered separately below. | | |
| | | and moved that the Contract be AUTHORIZED BY CONSENT. The motion |
| | | carried by the following vote: |
$113,947.50 is provided by property owners (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 BY CONSENT. The motion carried by the following vote:
Aye:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Nay:
0
## 25. AB2024-575
Request authorization for the County Executive to enter into a contract between Whatcom County and VillageReach to conduct a comprehensive assessment and audit of Whatcom County's permanent supportive housing programs, in the amount of $86,046
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: Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Nay:
0
## 26. AB2024-576
Aye:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Nay:
0
## 27. AB2024-578
Request authorization for the County Executive to enter into an agreement between Whatcom County and the Whatcom County Historical Society for use of the Roeder Home in exchange for programming
Donovan reported for the Finance and Administrative Services Committee and moved that the Agreement be AUTHORIZED BY CONSENT. The motion carried by the following vote:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Aye: Nay: 0
## 28. AB2024-582
Request authorization for the County Executive to sign a grant contract with USDA Natural Resources Conservation Service in order to secure matching funds for the Taylor Ecological Conservation Easement through the Conservation Easement
Request authorization for the County Executive to enter into a contract between Whatcom County and Lydia Place to support the rehabilitation of a transitional housing facility, in the amount of $166,950
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:
## 29. AB2024-583
## Program
## This agenda item was WITHDRAWN.
Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and The Administrative Office of the Courts for reimbursement of services rendered in relation to Truancy, At-Risk Youth, and Child In Need of Services petitions in the amount of $277,244
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:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Nay:
0
## 30. AB2024-584
Request authorization for the County Executive to enter into a contract between Whatcom County and Cyclomedia Technology, Inc for services to capture and process street level imagery in the amount of $59,950
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:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Aye: Nay: 0
## 31. AB2024-589
Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and The Administrative Office of the Courts for reimbursement of services related to the CASA (Volunteer GAL) program in the amount of $84,523
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:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
7 -
Nay:
0
## 32. AB2024-590
Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and The Administrative Office of the Courts for reimbursement of costs related to resentencing and vacating convictions for individuals affected by the Blake decision in the amount of $770,929
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: Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
## Nay:
0
## 33. AB2024-591
Aye:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Nay:
0
## 34. AB2024-592
Request authorization for the County Executive to enter into an agreement between Whatcom County and Akin for reimbursement of services related to the Parents for Parents (P4P) Program- $58,733
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:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Aye: Nay: 0
## 35. AB2024-593
Request authorization for the County Executive to enter into a contract between Whatcom County and Dr. Michael Earley for officer wellness programs, in the amount of $84,000
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:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Aye: Nay: 0
## CONSENT AGENDA ITEMS CONSIDERED SEPARATELY
## 19. AB2024-560
Request authorization for the County Executive to enter into a contract between Whatcom County and Catalyst Therapies LLC to support expansion of behavioral and mental health services to low-income children ages 0-5, in the amount of $199,417
Donovan reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED.
Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and The Administrative Office of the Courts for reimbursement of costs related to the water rights adjudication in the amount of $1,230,600, for a total amended amount of $2,111,900
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:
Clerk's note : Councilmembers discussed this and the next item ( AB2024-567 ) together before voting on this item.
Elenbaas stated this and item number 22 are both having to do with the Healthy Children's Fund and Proposition Five, which he recalls was about providing childcare. He stated he can see the benefits of spending money on what these two items are asking for, he just does not want to get too far away from what the intent of Proposition Five was.
Kayla Schott-Bresler, Executive's Office, and Councilmembers discussed how these items fit into the Healthy Children's Fund Implementation Plan, how the money gets used by the recipients, how much of the money goes to people who need it as opposed to overhead, and whether there is anything in this contract that is going toward increasing childcare slots.
## Donovan's motion that the Contract be AUTHORIZED carried by the following vote:
Aye:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, and Scanlon
6 -
Nay: Stremler 1 -
## 22. AB2024-567
Request authorization for the County Executive to enter into a contract between Whatcom County and Opportunity Council to purchase and distribute basic needs items to low-income families with children ages 0-5, in the amount of $93,811
Clerk's note : See more discussion about this item in AB2024-560 above.
Donovan reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED.
The following people discussed the item with Councilmembers:
- · Satpal Sidhu, County Executive
- · Kayla Schott-Bresler, Executive's Office
- · George Roche, Prosecuting Attorney's Office
They discussed that childcare slots are not included in this contract but are planned for with American Rescue Plan Act (ARPA) funds, the issue of also needing to build and have capacity both in workforce and internally, and whether they are able to save or pre-plan for money that is being collected each year for when they are ready to launch a big project.
Donovan's motion that the Contract be AUTHORIZED carried by the following vote:
Aye:
Buchanan, Byrd, Donovan, Galloway, and Scanlon 5 -
Nay: Elenbaas, and Stremler 2 -
## OTHER ITEMS
## (From Council Finance and Administrative Services Committee)
## 1. AB2024-512
Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and the City of Bellingham to extend the term date of the consolidated What-Comm Interlocal Agreement, as agreed upon by the What-Comm Administrative Board
Donovan reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. The motion carried by the following vote:
Aye:
Buchanan, Donovan, Galloway, Scanlon, and Stremler 5 -
Nay:
Byrd, and Elenbaas
2 -
## 2. AB2024-517
Ordinance establishing the North Commercial Street Acquisition Project Fund
Donovan reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:
Aye: 7 - Nay: 0
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Enactment No: ORD 2024-044
## 3. AB2024-521
Ordinance amending the 2024 Whatcom County Budget, request no. 10, in the amount of 2,059,971
Donovan reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED.
Councilmembers discussed the motion, and Satpal Sidhu, County Executive, spoke about the process of presenting budget supplemental budget requests and stated the Administration is available for questions.
Donovan's motion that the Ordinance be ADOPTED carried by the following vote:
Aye:
Buchanan, Donovan, Galloway, and Scanlon
4 -
Nay:
Byrd, Elenbaas, and Stremler 3 -
Enactment No: ORD 2024-045
## 4. AB2024-547
Aye:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Nay:
0
## 5. AB2024-563
Request authorization for the County Executive to enter into a contract between Whatcom County and Opportunity Council to support the construction of a 65-unit affordable housing facility, in the amount of $2,000,000
Donovan reported for the Finance and Administrative Services Committee and moved that the SUBSTITUTE Contract be AUTHORIZED.
Councilmembers discussed the motion and voted on the item (see vote below) and then discussion continued.
Satpal Sidhu, County Executive, and Elenbaas spoke about another project developed by the Opportunity Council and that they delivered what they said they were going to.
Councilmembers discussed the Opportunity Council's ability to execute a project and also their reaction to being called into question and being asked to do better.
Request authorization for the County Executive to enter into a contract between Whatcom County and Cascadia Law Group, PLLC, to continue providing legal advice and representation regarding SEPA Compliance (SEP2016-0004) and regulatory requirements pertaining to the Northwest Clean Air Notice of Violation 4516 issued to PetroGas West LLC in the amount of $100,000
Donovan reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED.
The following people discussed the item with Councilmembers:
- · Satpal Sidhu, County Executive
- · George Roche, Prosecuting Attorney's Office
They discussed why an entity outside of the County's Planning and Development Services Department is needed, having further discussion in an executive session, how much can be discussed in public if the Council has to act in a quasi-judicial capacity, the fact that this contract is to bring in specific expertise as opposed to it being an issue of a lack of internal capacity, and whether this deals with what has happened in the past or what is going to happen in the future.
## Donovan's motion that the Contract be AUTHORIZED carried by the following vote:
## Donovan's motion that the SUBSTITUTE Contract be AUTHORIZED carried by the following vote:
Aye: Buchanan, Donovan, Galloway, and Scanlon 4 -
Nay: Byrd, Elenbaas, and Stremler 3 -
## (From Council Committee of the Whole)
## 6. AB2024-573
Request approval of a joint Council/Executive letter to Whatcom County Search and Rescue regarding leasing building space
Buchanan summarized the request.
Buchanan reported for the Committee of the Whole and moved that the Request for Motion be APPROVED. The motion carried by the following vote:
Aye: Nay: 0
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
## COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
## 1. AB2024-526
Appointment to a vacancy on the Acme/VanZandt Flood Control Sub-Zone Advisory Committee, Applicant(s): William Dominic Moceri (Council acting as the Flood Control Zone District Board of Supervisors)
Byrd moved and Donovan seconded that the Council Appointment be APPOINTED. The motion carried by the following vote:
Aye: Nay: 0
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
## CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
## 1. AB2024-537
Request confirmation of the County Executive's appointment of Crystal Thompson to the Behavioral Health Advisory Committee
Galloway moved and Byrd seconded that the Executive Appointment be CONFIRMED. The motion carried by the following vote:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Aye: Nay: 0
## 2. AB2024-588
Request confirmation of the County Executive's appointment of Dr. Aldo Fusaro as Temporary Interim Medical Examiner effective September 11, 2024
Galloway moved and Donovan seconded that the Executive Appointment be CONFIRMED.
Kayla Schott-Bresler, Executive's Office, answered whether this person will be brought in as a County employee and stated that is correct. They discussed who would be hiring the staff and that they got a thumbs up from the Sheriff's Office and Northwest Washington Medical Society (letters attached on file).
Galloway's motion that the Executive Appointment be CONFIRMED carried by the following vote:
Aye: Nay: 0
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
## SPECIAL ORDER OF BUSINESS
## 1. AB2024-601
Identify 1-2 councilmembers to participate on a selection committee for a medical examiner
Buchanan moved and Galloway seconded that Scanlon and Elenbaas be APPOINTED.
Kayla Schott-Bresler, Executive's Office, answered when the process will start and stated it will be in early October.
Buchanan's motion that Scanlon and Elenbaas be APPOINTED carried by the following vote:
Aye:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Nay:
0
Scanlon and Elenbaas appointed 7-0
## ITEMS ADDED BY REVISION
## AB2024-604
Request authorization for the County Executive to enter into a contract between Whatcom County and Schneider Geospatial for an online tool package including, Spatialest Property Portal, Community Dashboard, Comper Pro, and Comper for Citizen in the amount of $209,991
Donovan reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED.
Rebecca Xczar, County Assessor, answered what the initial $209,000 will cover and what the costs will be for maintenance going forward, and stated it will be about $80,000 per year. She answered why the cost goes up from year two to year three, and about the benefits of the tools.
## Donovan's motion that the Contract be AUTHORIZED carried by the following vote:
Aye: Nay: 0
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
## INTRODUCTION ITEMS
Galloway moved to introduce items one through 11. The motion was seconded by Byrd.
Scanlon spoke about AB2024-559 and his and other Councilmembers' interest in having a conversation with staff about shoreline management, and asked how they should handle that.
The following people discussed process and avoiding quorum issues with the Councilmembers:
- · Cathy Halka, Clerk of the Council
- · George Roche, Prosecuting Attorney's Office
Councilmembers voted on the introduction items (see votes on individual items below).
Ordinance establishing Whatcom County Code Chapter 2.180 Naming County-Owned Public Buildings, Properties, Parks, and Facilities
Galloway moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 0
## 1. AB2024-314
Aye:
Nay:
## 2. AB2024-545
Ordinance adopting various amendments to Whatcom County Code Title 20, Zoning
Galloway moved and Byrd seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:
Aye: Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 Nay: 0
## 3. AB2024-559
Ordinance adopting the 2020 Shoreline Management Program Periodic Update
Galloway moved and Byrd seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Aye: Nay: 0
## 4. AB2024-564
Resolution adopting the 2025-2030 Six-Year Water Resources Improvement Program (WRIP) by the Whatcom County Council (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)
Galloway moved and Byrd seconded that the Resolution (FCZDBS) Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:
Aye: Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 Nay: 0
## 5. AB2024-565
Ordinance relating to the annual submission of taxing district levy amounts to the Whatcom County Council
Galloway moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:
Aye: Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 Nay: 0
## 6. AB2024-579
Resolution approving the 2025-2030 Six-year Transportation Improvement Program (STIP)
Galloway moved and Byrd seconded that the Resolution Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:
Aye: Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 Nay: 0
## 7. AB2024-594
Ordinance amending the 2024 Whatcom County Budget, request no. 12, in the amount of $9,347,192
## Galloway moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:
Aye: Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 - Nay: 0
## 8. AB2024-596
Ordinance establishing a project-based budget for the Lookout Mountain Road Repair Project Fund
Galloway moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:
Aye: Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 - Nay: 0
## 9. AB2024-597
Ordinance establishing a project-based budget for the Governor's Point Project Fund
Galloway moved and Byrd seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:
Aye: Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 - Nay: 0
## 10. AB2024-598
Aye:
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler 7 -
Nay:
0
## 11. AB2024-602
Resolution amending the 2024 Flood Control Zone District and Subzones Budget, request no. 5, in the amount of $257,550 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)
Galloway moved and Byrd seconded that the Resolution (FCZDBS) be INTRODUCED. The motion carried by the following vote:
Aye: 7 - Nay: 0
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Appointment to a vacancy on the Justice Project Oversight & Planning (JPOP) Committee, behavioral health provider position, Applicant(s): Trevor Aerts
Galloway moved and Byrd seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote:
## COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Buchanan reported for the Committee of the Whole Executive session and three motions were made and voted on (see motions and votes under AB2024-538 and AB2024-543 below).
Councilmembers then gave Committee reports from the remaining committees and gave other updates.
Discussion with Parks Department staff regarding potential property acquisition [Discussion of this item may take place in executive session (closed to the public) pursuant to RCW 42.30.110(1)(b)]
Donovan moved and Galloway seconded to authorize County Executive Sidhu, to move forward with and complete the acquisition of the property as long as the purchase price of the property does not exceed the amount discussed in Executive Session.
The motion carried by the following vote:
Aye : 5 - Galloway, Scanlon, Buchanan, Byrd, and Donovan
Nay : 2 - Elenbaas and Stremler
## This agenda item was DISCUSSED AND MOTION(S) APPROVED.
Motion approved, 5-2 with Elenbaas and Stremler opposed, to authorize County Executive Sidhu, to move forward with and complete the acquisition of the property as long as the purchase price of the property does not exceed the amount discussed in Executive Session.
## AB2024-543
Discussion with Public Works staff regarding potential property acquisitions [Discussion of this item may take place in executive session (closed to the public) pursuant to RCW 42.30.110 (1)(b)]
Donovan moved and Buchanan seconded to authorize the County Executive, acting on behalf of the Whatcom County Flood Control Zone District, to move forward with and complete the acquisition of the property as long as the purchase price of the property does not exceed the amount discussed in Executive Session.
: 7 - Galloway, Scanlon, Stremler, Buchanan Byrd, Donovan, and
The motion carried by the following vote: Aye Elenbaas Nay : 0
Donovan moved and Galloway seconded to authorize the County Executive, acting on behalf of the Whatcom County Flood Control Zone District, to move forward with and complete the acquisition of the easement as long as
AB2024-538
the purchase price of the easement does not exceed the amount discussed in Executive Session.
The motion carried by the following vote: Aye : 7 - Scanlon, Stremler, Buchanan Byrd, Donovan Elenbaas, and Galloway
Nay : 0
## This agenda item was DISCUSSED AND MOTION(S) APPROVED.
Motion approved 7-0 to authorize the County Executive, acting on behalf of the Whatcom County Flood Control Zone District, to move forward with and complete the acquisition of the property as long as the purchase price of the property does not exceed the amount discussed in Executive Session.
Motion approved 7-0 to authorize the County Executive, acting on behalf of the Whatcom County Flood Control Zone District, to move forward with and complete the acquisition of the easement as long as the purchase price of the easement does not exceed the amount discussed in Executive Session.
## ADJOURN
The meeting adjourned at 8:47 p.m.
The County Council approved these minutes on September 24, 2024.
ATTEST:
WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA
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Cathy Halka, Council Clerk
Barry Buchanan, Council Chair
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Kristi Felbinger, Minutes Transcription
SIGNED COPY ON FILE