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Council

April 29, 2025 ·6:00 PM Final ·HYBRID MEETING (PARTICIPATE IN-PERSON, SEE REMOTE JOIN INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010)

Hybrid Meeting - Council Chambers

Agenda — 56 items

  1. 1 COUNTY COUNCIL ▶ jump to 0:01
  2. 2 CALL TO ORDER ▶ jump to 0:47
  3. 3 ROLL CALL ▶ jump to 0:59
  4. 4 FLAG SALUTE ▶ jump to 1:15
  5. 5 ANNOUNCEMENTS ▶ jump to 1:40
  6. 6 COUNTY EXECUTIVE'S REPORT ▶ jump to 1:42
  7. 7 MINUTES CONSENT ▶ jump to 4:41
  8. 1. Committee of the Whole Executive Session for April 15, 2025 MIN2025-022 APPROVED BY CONSENT Pass ▶ jump to 4:41
  9. 2. Committee of the Whole for April 15, 2025 MIN2025-023 APPROVED BY CONSENT Pass ▶ jump to 4:41
  10. 3. Regular County Council for April 15, 2025 MIN2025-024 APPROVED BY CONSENT Pass ▶ jump to 4:41
  11. 4. Health Board and Public Health Advisory Board for April 1, 2025 MIN2025-025 APPROVED BY CONSENT Pass ▶ jump to 4:41
  12. 5. Special Committee of the Whole for April 1, 2025 MIN2025-026 APPROVED BY CONSENT Pass ▶ jump to 4:41
  13. 13 PUBLIC HEARINGS ▶ jump to 5:14
  14. 1. Ordinance adopting amendments to Whatcom County Code Chapter 16.24, Commute Trip Reduction, and adopting the 2025-2029 Commute Trip Reduction Plan for Whatcom County AB2025-282 ADOPTED Pass ▶ jump to 6:44
  15. 15 OPEN SESSION ▶ jump to 8:36
  16. 16 CONSENT AGENDA ▶ jump to 38:15
  17. 17 (From Council Finance and Administrative Services Committee) ▶ jump to 38:20
  18. 1. Request authorization for the County Executive to enter into a contract between Whatcom County and AMS Print and Mail Specialists for the design, production, and distribution of primary and general election local voters’ pamphlets in the amount not to exceed $90,000 AB2025-322 AUTHORIZED BY CONSENT Pass ▶ jump to 38:19
  19. 2. Request authorization for the County Executive to enter into a Federal Aid Project Prospectus and Local Agency Agreement between Whatcom County and the Washington State Department of Transportation for the Martin Road/Anderson Creek Bridge No. 250 Replacement Project, in the amount of $512,000 AB2025-324 AUTHORIZED BY CONSENT Pass ▶ jump to 38:19
  20. 3. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Herrera Environmental Consultants to continue supporting the Floodplain Integrated Planning (FLIP) Process, in the amount of $590,829 for a total contract amount of $2,998,369 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) AB2025-325 AUTHORIZED BY CONSENT Pass ▶ jump to 38:19
  21. 4. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the US Geological Survey (USGS) to develop and assess non-contact methods for measuring discharge in the Nooksack River during high-flow events, in the amount of $222,698 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) AB2025-326 AUTHORIZED BY CONSENT Pass ▶ jump to 38:19
  22. 5. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the University of Washington to assess the Nooksack River’s morphodynamic response to potential channel and floodplain modifications, in the amount of $114,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) AB2025-327 AUTHORIZED BY CONSENT Pass ▶ jump to 38:19
  23. 6. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Ferndale to establish the responsibilities of the Flood Control Zone District and the City of Ferndale in designing the Ferndale Levee Improvement Project to a 90% level, acquiring right of way, and permitting, in the amount of $430,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) AB2025-329 AUTHORIZED BY CONSENT Pass ▶ jump to 38:19
  24. 7. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and the Northwest Natural Resource Group for development of a forest management plan in the Lake Whatcom Watershed, in the amount of $12,063 for a total amended contract amount of $145,123 AB2025-331 AUTHORIZED BY CONSENT Pass ▶ jump to 38:19
  25. 8. Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and the City of Bellingham for partnership in the development of a forest management plan in the Lake Whatcom watershed, in the amount of $12,063 for a total agreement amount of $53,358 AB2025-332 AUTHORIZED BY CONSENT Pass ▶ jump to 38:19
  26. 9. Request approval for the County Executive to authorize all County departments to use Washington State Contract #22823 for as-needed equipment rentals through December 31, 2026, with the award to any one vendor in a fiscal year not to exceed $100,000 AB2025-335 AUTHORIZED BY CONSENT Pass ▶ jump to 38:19
  27. 10. Request approval for the County Executive to enter into an Interlocal Cooperative Purchasing Agreement with the City of Seattle which will allow reciprocal utilization of competitively bid contracts, pursuant to RCW Chapter 39.34 Interlocal Cooperation Act AB2025-338 AUTHORIZED BY CONSENT Pass ▶ jump to 38:19
  28. 11. Request approval for the County Executive to authorize the purchase of ClearCount 2.5 ScanStation and ClearAudit Admin Station bundles from Clear Ballot Group, Inc., the sole source for these products, in an amount not to exceed $50,347.10 AB2025-339 AUTHORIZED BY CONSENT Pass ▶ jump to 38:19
  29. 29 OTHER ITEMS ▶ jump to 41:58
  30. 30 (From Council Finance and Administrative Services Committee) ▶ jump to 42:00
  31. 1. Ordinance amending the project based budget for the N. Fork Road/Kenney Creek Fish Passage fund, Request No. 2 AB2025-290 ADOPTED Pass ▶ jump to 42:27
  32. 2. Ordinance amending the project budget for the Courtroom Audio Visual Systems Upgrade, request no. 1 AB2025-293 ADOPTED Pass ▶ jump to 43:11
  33. 3. Resolution amending the 2025 Flood Control Zone District and Subzones Budget, request no. 1, in the amount of $14,400 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) AB2025-302 APPROVED Pass ▶ jump to 43:25
  34. 4. Ordinance amending the project budget for the Lookout Mountain Road Repairs Project Fund, request no. 1 AB2025-310 ADOPTED Pass ▶ jump to 44:12
  35. 5. Ordinance amending the 2025 Whatcom County Budget, request no. 4, in the amount of $6,227,211 AB2025-314 ADOPTED Pass ▶ jump to 44:41
  36. 36 (From Council Committee of the Whole) ▶ jump to 46:29
  37. 6. Request for motion approving an Outdoor Musical Entertainment, Amusements, and Assemblies permit application for the Strings and Things Music Festival on July 12, 2025 at 713 Simondson Drive, Point Roberts, WA AB2025-285 DISCUSSED AND MOTION(S) APPROVED ▶ jump to 46:31
  38. 38 (No Committee Assignment) ▶ jump to 53:19
  39. 38 Motion approved 7-0 to approve the permit subject to the condition of providing the surety bond (or cash of $5,000 pursuant to the RCW), as well as the Council finding the applicant in substantial compliance with RCW 70.108.100, which was issuing notice to residential households within 500 yards of the event location
  40. 7. Request for motion to appoint two councilmembers to participate in the health director recruitment process [Council Acting as the Health Board] AB2025-345 APPOINTED ▶ jump to 53:21
  41. 40 CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES ▶ jump to 55:19
  42. 1. Request confirmation of the County Executive’s appointments of Drew Smith, Andrew Calkins, and Marcus Warolin to the Whatcom County Economic Development Investment (EDI) Board AB2025-342 CONFIRMED Pass ▶ jump to 55:44
  43. 41 Motion approved 7-0 to appoint Scanlon and Elenbaas
  44. 2. Request confirmation of the County Executive’s appointment of Rebecca Boonstra to the Whatcom County Lodging Tax Advisory Committee AB2025-343 CONFIRMED Pass ▶ jump to 58:14
  45. 3. Request confirmation of the County Executive’s appointment of Brian Estes to the North Sound Behavioral Health Administrative Services Organization Advisory Board AB2025-344 ▶ jump to 58:59
  46. 44 ITEMS ADDED BY REVISION ▶ jump to 59:49
  47. 45 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES PART 1 ▶ jump to 60:10
  48. 3. Request confirmation of the County Executive’s appointment of Brian Estes to the North Sound Behavioral Health Administrative Services Organization Advisory Board AB2025-344 CONFIRMED Pass ▶ jump to 59:24
  49. 46 ADJOURN ▶ jump to 101:14
  50. 48 Discussion of the annual allocation of Rural Sales Tax Fund AB2025-303 DISCUSSED AND MOTION(S) APPROVED
  51. 49 From AB2025-303 in Finance and Administrative Services Committee: Motion approved 7-0 to change the fund reserve and target investment allocations so they are as follows: Fund reserve at 15 percent, housing infrastructure projects at 30 percent, Whatcom County at 30 percent, and Government infrastructure projects at 40 percent.
  52. 50 Discussion of pending litigation with Civil Deputy Prosecutor, Jesse Corkern: Gerald T. Osborn, Plaintiff, vs. Peacehealth, a Washington Nonprofit Corporation; Carol Austin, LMFT, DCR; Nate Reiss, PhD; N. Stender, MHP; H. Vogel, MHP; N. Saina, MD; Philip Frank, DO; Patrick Lackie, JD; and John Does and Jane Does, to be identified, Defendants. Skagit County Superior Court Case No. 24-2-00056-29. [Discussion of this item may take place in executive session (closed to the public) pursuant to RCW42.30.110 (1) (i)] AB2025-336 DISCUSSED AND MOTION(S) APPROVED
  53. 51 From AB2025-336 in Committee of the Whole Executive Session: Motion approved 7-0 to approve defense and indemnification of Patrick Lackie, named as defendant in Gerald T. Osborn v. Peacehealth et al. Based on the following findings: A. Patrick Lackie was acting in a matter in which the county had an interest; B. Patrick Lackie was acting in the discharge of a duty imposed or authorized by law; C. Patrick Lackie acted in good faith.
  54. 52 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES PART 1 ▶ jump to 60:10
  55. 53 MOTION SUMMARY (NO AGENDA BILL FILE)
  56. 54 Motion approved 7-0 that they schedule a Special Committee of the Whole meeting from 9 a.m. to 12 p.m. on June 3rd and starting at 9 a.m. on the remaining days they have this year for Board of Health meetings.