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September 9, 2025 ·6:00 PM Final ·HYBRID MEETING (PARTICIPATE IN-PERSON, SEE REMOTE JOIN INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010); AGENDA REVISED 9.5.2025

Hybrid Meeting - Council Chambers

Agenda PDF 📹 Watch video Official record ↗

Agenda — 88 items

  1. 1 COUNTY COUNCIL ▶ jump to 0:01
  2. 2 CALL TO ORDER ▶ jump to 2:39
  3. 3 ROLL CALL ▶ jump to 2:55
  4. 4 FLAG SALUTE ▶ jump to 3:13
  5. 5 ANNOUNCEMENTS ▶ jump to 3:34
  6. 6 COUNTY EXECUTIVE'S REPORT ▶ jump to 4:14
  7. 7 MINUTES CONSENT ▶ jump to 17:42
  8. 1. Committee of the Whole Executive Session for July 22, 2025 MIN2025-045 APPROVED BY CONSENT Pass ▶ jump to 17:41
  9. 2. Regular County Council for July 22, 2025 MIN2025-046 APPROVED BY CONSENT Pass ▶ jump to 17:41
  10. 3. Committee of the Whole for July 22, 2025 MIN2025-047 APPROVED BY CONSENT Pass ▶ jump to 17:41
  11. 4. Special Council for July 22, 20205 MIN2025-048 APPROVED BY CONSENT Pass ▶ jump to 17:41
  12. 5. Special Council and Planning Commission for August 6, 2025 MIN2025-049 APPROVED BY CONSENT Pass ▶ jump to 17:41
  13. 6. Committee of the Whole for August 6, 2025 MIN2025-050 APPROVED BY CONSENT Pass ▶ jump to 17:41
  14. 7. Regular County Council for August 6, 2025 MIN2025-051 APPROVED BY CONSENT Pass ▶ jump to 17:41
  15. 8. Health Board and Public Health Advisory Board for July 29, 2025 MIN2025-052 APPROVED BY CONSENT Pass ▶ jump to 17:41
  16. 9. Special Committee of the Whole for July 29, 2025 MIN2025-053 APPROVED BY CONSENT Pass ▶ jump to 17:41
  17. 17 PUBLIC HEARINGS ▶ jump to 18:35
  18. 1. Ordinance amending Whatcom County Code Title 22 to clarify the roles and duties of participants in the Hearing Examiner process AB2025-537 ADOPTED Pass ▶ jump to 20:20
  19. 2. Ordinance amending Whatcom County Code Section 2.11 to clarify the authority of the Hearing Examiner AB2025-538 SUBSTITUTE ADOPTED Pass ▶ jump to 29:03
  20. 3. Resolution amending Resolution 2024-021 to update Business Rules of the Whatcom County Hearing Examiner to approve clarifying changes promulgated by the Hearing Examiner AB2025-539 SUBSTITUTE APPROVED Pass ▶ jump to 38:44
  21. 4. Review final project performance on the Community Development Block Grant (CDBG) Public Services Program AB2025-546 PUBLIC HEARING HELD (file final) ▶ jump to 39:26
  22. 22 OPEN SESSION ▶ jump to 48:59
  23. 4. Review final project performance on the Community Development Block Grant (CDBG) Public Services Program AB2025-546 DISCUSSED AND MOTION(S) APPROVED ▶ jump to 47:32
  24. 23 CONSENT AGENDA ▶ jump to 96:42
  25. 23 Motion approved 7-0 to receive the report
  26. 24 (From Council Finance and Administrative Services Committee) ▶ jump to 96:43
  27. 1. 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 $256,227.50, for a total amended contract amount of $1,639,137.50 AB2025-580 AUTHORIZED BY CONSENT Pass ▶ jump to 96:43
  28. 2. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Whatcom Law Group/Rajeev Majumdar for 2026 hearing examiner services, in an amount of $118,779.60, for a total amended contract amount of $344,599.60 AB2025-582 ▶ jump to 96:43
  29. 3. Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and Washington State Health Care Authority to provide funding for the Alternative Response Team (ART) Program in the amount of $1,174,000, for a total amended agreement amount of $4,561,000 AB2025-583 AUTHORIZED BY CONSENT Pass ▶ jump to 96:43
  30. 4. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington Association of Sheriffs and Police Chiefs (WASPC) for the Registered Sex Offendor Address and Residency Verification Program, in the amount of $130,767.67 AB2025-586 AUTHORIZED BY CONSENT Pass ▶ jump to 96:43
  31. 5. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Snohomish County for neuropathology services, in the amount of $4,500 AB2025-589 AUTHORIZED BY CONSENT Pass ▶ jump to 96:43
  32. 29 THIS ITEM WAS CONSIDERED SEPARATELY BELOW
  33. 6. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Administrative Office of the Courts to support Mental Health Court, in the amount of $194,198 AB2025-604 AUTHORIZED BY CONSENT Pass ▶ jump to 96:43
  34. 7. Request authorization for the County Executive to enter into a five year grant agreement between Whatcom County and the US Forest Service for the Offender Forestry Work Crew Program in the amount of $540,062.62 AB2025-606 AUTHORIZED BY CONSENT Pass ▶ jump to 96:43
  35. 8. Request authorization for the County Executive to enter into a grant agreement between Whatcom County and the Washington State Department of Ecology for Watershed Resources Inventory Area No. 1 (WRIA 1) water rights adjudication technical assistance, in the amount of $200,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) AB2025-607 AUTHORIZED BY CONSENT Pass ▶ jump to 96:43
  36. 9. Request authorization for the County Executive to enter into a 15-month contract between Whatcom County and Trinity Services Group, Inc., for Jail Food Services, in the amount of $1,239,500 AB2025-609 AUTHORIZED BY CONSENT Pass ▶ jump to 96:43
  37. 10. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Summit Construction Group, Inc for tenant improvements and HVAC replacement at the Parks Department administrative office and annex in the amount of $58,694 for a total amended contract amount of $999,950 AB2025-611 AUTHORIZED BY CONSENT Pass ▶ jump to 96:43
  38. 11. Request authorization for the County Executive to enter into a contract between Whatcom County and the Washington State Department of Ecology to provide a Washington Conservation Corps Crew and supervisor, in the amount of $258,720 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) AB2025-613 AUTHORIZED BY CONSENT Pass ▶ jump to 96:43
  39. 12. Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and Washington State Health Care Authority to expand the operational capabilities of the Law Enforcement Assisted Diversion//Let Everyone Advance with Dignity (LEAD) Program in the amount of $1,466,580, for a total amended agreement amount of $1,886,580 AB2025-615 AUTHORIZED BY CONSENT Pass ▶ jump to 96:43
  40. 13. Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and Washington State Health Care Authority to coordinate and implement prevention programs and strategies in the amount of $2,350,000, for a total amended agreement amount of $3,670,000 AB2025-621 AUTHORIZED BY CONSENT Pass ▶ jump to 96:43
  41. 14. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and the Opportunity Council for operation of the East Whatcom Regional Resource Center in the amount of $50,000 in 2025 and $51,500 annually thereafter, for a total contract amount of $155,412 in 2025 and $156,912 annually thereafter AB2025-622 SUBSTITUTE AUTHORIZED BY CONSENT Pass ▶ jump to 96:43
  42. 15. Request authorization for the County Executive to enter into a contract between Whatcom County and Lydia Place to support the rehabilitation and remodel of a transitional housing facility for large families, in the amount of $166,950 AB2025-624 AUTHORIZED BY CONSENT Pass ▶ jump to 96:43
  43. 16. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Administrative Office of the Courts for services related to the Volunteer Guardian Ad Litem (VGAL) Program, in the amount of $84,523 AB2025-625 AUTHORIZED BY CONSENT Pass ▶ jump to 96:43
  44. 17. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Administrative Office of the Courts for services related to Becca cases regarding At-Risk Youth, Truancy, and Child in Need of Services, in the amount of $98,853 AB2025-626 AUTHORIZED BY CONSENT Pass ▶ jump to 96:43
  45. 18. Request authorization for the County Executive to enter into an agreement between Whatcom County and Trinity Food Services Group for food services for juvenile detention, in the amount not to exceed $10,476 for the remainder of 2025 and $41,904 for 2026 AB2025-627 AUTHORIZED BY CONSENT Pass ▶ jump to 96:43
  46. 43 OTHER ITEMS ▶ jump to 117:56
  47. 44 (From Council Finance and Administrative Services Committee) ▶ jump to 117:57
  48. 1. Ordinance amending the 2025 Whatcom County Budget, request no. 9, in the amount of $956,986 AB2025-558 ADOPTED Pass ▶ jump to 118:05
  49. 2. Request for motion to approve the 2025-2027 Criminal Justice Treatment Account (CJTA) Plan AB2025-587 APPROVED REQUEST Pass ▶ jump to 119:06
  50. 46 CONSENT AGENDA ITEMS CONSIDERED SEPARATELY ▶ jump to 96:42
  51. 3. Request Council review and approval of the Economic Development Board’s recommendation for 2026 funding for infrastructure and housing projects AB2025-612 APPROVED REQUEST Pass ▶ jump to 119:46
  52. 2. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Whatcom Law Group/Rajeev Majumdar for 2026 hearing examiner services, in an amount of $118,779.60, for a total amended contract amount of $344,599.60 AB2025-582 AUTHORIZED Pass ▶ jump to 100:09
  53. 48 (No Committee Assignment) ▶ jump to 178:45
  54. 4. Request for motion to select a Councilmember to participate in the Whatcom Transit Authority (WTA) Board Composition Review meeting AB2025-591 DISCUSSED AND MOTION(S) APPROVED ▶ jump to 178:47
  55. 5. Request for motion to appoint two Councilmembers to participate in the Planning and Development Services Director recruitment process AB2025-623 DISCUSSED AND MOTION(S) APPROVED ▶ jump to 182:59
  56. 6. Resolution establishing regular Whatcom County Council meeting dates for 2026 AB2025-584 APPROVED AS AMENDED Pass ▶ jump to 195:02
  57. 52 COUNCIL APPOINTMENTS TO ADVISORY GROUPS ▶ jump to 196:08
  58. 1. Appointment to a vacancy on the Child and Family Well-Being Task Force, applicant(s): Alycia Francis, Heather Carson, and Angela Marie Shapow AB2025-549 APPOINTED ▶ jump to 196:10
  59. 3. Request Council review and approval of the Economic Development Board’s recommendation for 2026 funding for infrastructure and housing projects AB2025-612 DISCUSSED AND MOTION(S) APPROVED ▶ jump to 121:35
  60. 2. Appointment to a vacancy on the Board of Equalization, Applicant(s): Wes Van De Mark AB2025-570 APPOINTED Pass ▶ jump to 206:28
  61. 54 Motion Approved 5-2, with Stremler and Byrd opposed, to fully fund the Opportunity Council's request for the Bellis Fair Phase II project as a loan from EDI.
  62. 55 CONFIRMATION OF EXECUTIVE APPOINTMENTS TO ADVISORY GROUPS ▶ jump to 206:42
  63. 1. Request confirmation of the Executive’s appointment of Laura Castro-Benzing to the Northwest Senior Services Board AB2025-590 CONFIRMED Pass ▶ jump to 207:04
  64. 2. Request confirmation of the County Executive’s appointment of Kendra Dupuy to the Whatcom County Ethics Commission AB2025-593 CONFIRMED Pass ▶ jump to 208:04
  65. 57 Motion Approved to select Donovan with five votes
  66. 3. Request confirmation of the County Executive’s appointment of Champ Thomaskutty as Director of Whatcom County Health & Community Services Department, effective October 27, 2025 AB2025-620 CONFIRMED Pass ▶ jump to 211:54
  67. 59 ITEMS ADDED BY REVISION ▶ jump to 219:25
  68. 59 Motion Approved 7-0 to appoint Elenbaas and Galloway to the Planning and Development Services recruitment process.
  69. 1. Resolution amending Resolution 2025-013 to docket an additional comprehensive plan and zoning amendment related to related to Whatcom County Code Chapter 20.40 to include agriculture storage as a primary permitted use AB2025-638 APPROVED Pass ▶ jump to 224:16
  70. 61 INTRODUCTION ITEMS ▶ jump to 225:06
  71. 61 Motion approved 7-0 to amend to change the September meetings (September 8 and 22) to September 15th and 29th.
  72. 1. Resolution declaring Whatcom County real property as surplus and approving transfer AB2025-597 INTRODUCED FOR PUBLIC HEARING Pass ▶ jump to 225:05
  73. 2. Resolution amending the 2025 Flood Control Zone District and Subzones Budget, Request no. 3, in the amount of $105,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) AB2025-608 INTRODUCED Pass ▶ jump to 225:05
  74. 3. Ordinance establishing a project-based budget for the Jail Reentry Improvements project AB2025-614 INTRODUCED Pass ▶ jump to 225:05
  75. 64 Appointed Heather Carson with four votes.
  76. 4. Ordinance amending the 2025 Whatcom County Budget, request no. 10, in the amount of $1,820,416 AB2025-628 INTRODUCED Pass ▶ jump to 225:13
  77. 2. Appointment to a vacancy on the Board of Equalization, Applicant(s): Wes Van De Mark AB2025-570 DISCUSSED AND MOTION(S) APPROVED
  78. 66 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ▶ jump to 226:00
  79. 66 Motion approved 7-0 to waive the one-year period of separation for Mr. Van De Mark.
  80. 67 ADJOURN ▶ jump to 256:57
  81. 67 Appointment motion for AB2025-570:
  82. 81 REPORT AND MOTION (From Council Committee of the Whole Executive Session)
  83. 82 Discussion of pending litigation with Civil Deputy Prosecutor Jesse Corkern regarding Richard Arthur Kirkham, Plaintiff vs. City of Bellingham et al., Defendants, United States District Court Western District of Washington, No. 2:24-CV-01625-DGE-SKV, including defense and indemnification of Kellen Kooistra, Deputy Prosecutor, named as a defendant [Discussion of this item may take place in executive session (closed to the public) pursuant to RCW42.30.110 (1)(i)] AB2025-598 DISCUSSED AND MOTION(S) APPROVED
  84. 83 Motion approved 7-0 to approve defense and indemnification of Kellen Kooistra, named as defendants in Richard Kirkham v. City of Bellingham et al., United States District Court for Western District of Washington, Cause No. 2:24-CV-01625- DGE-SKV. Based on the following findings: A. Kellen Kooistra was acting in a matter in which the county had an interest; B. Kellen Kooistra was acting in the discharge of a duty imposed or authorized by law; C. Kellen Kooistra acted in good faith.
  85. 84 REPORT AND MOTION (From Council Finance and Administrative Services Committee)
  86. 85 Discussion of an ordinance amending the 2025 Whatcom County Budget, request no. 10, in the amount of $1,820,416 AB2025-629 DISCUSSED AND MOTION(S) APPROVED
  87. 86 Motion approved 4-3 with Byrd, Elenbaas, and Stremler opposed that they endorse an ownership model (for Stewart Mountain Community Forest) that has a dedicated non-profit with Whatcom County participating on the entity’s governance board as is specified in the memo from staff from the August 6 meeting (AB2025-560).
  88. 87 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES CONTINUED ▶ jump to 226:00