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Council

January 14, 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 — 116 items

  1. 1 COUNTY COUNCIL ▶ jump to 0:01
  2. 2 CALL TO ORDER ▶ jump to 0:01
  3. 3 ROLL CALL ▶ jump to 0:24
  4. 4 FLAG SALUTE ▶ jump to 0:49
  5. 5 ANNOUNCEMENTS ▶ jump to 1:17
  6. 6 COUNTY EXECUTIVE'S REPORT ▶ jump to 1:18
  7. 7 MINUTES CONSENT ▶ jump to 1:25
  8. 1. Committee of the Whole for November 19, 2024 MIN2024-084 APPROVED BY CONSENT Pass ▶ jump to 1:25
  9. 2. Regular County Council for November 19, 2024 MIN2024-085 APPROVED BY CONSENT Pass ▶ jump to 1:25
  10. 3. Special Council for December 2, 2024 MIN2024-086 APPROVED BY CONSENT Pass ▶ jump to 1:25
  11. 4. Committee of the Whole for December 3, 2024 MIN2024-087 APPROVED BY CONSENT Pass ▶ jump to 1:25
  12. 5. Regular County Council for December 3, 2024 MIN2024-088 APPROVED BY CONSENT Pass ▶ jump to 1:25
  13. 6. Special Council for December 13, 2024 MIN2024-089 APPROVED BY CONSENT Pass ▶ jump to 1:25
  14. 14 PUBLIC HEARINGS ▶ jump to 1:58
  15. 1. Resolution to declare Whatcom County real property as surplus and approve sale AB2024-801 APPROVED Pass ▶ jump to 5:01
  16. 2. Ordinance for the installation of stop signs on South Pass Road at the intersection with Goodwin Road as Whatcom County Code 10.16.1720 AB2024-810 ADOPTED Pass ▶ jump to 9:26
  17. 17 OPEN SESSION ▶ jump to 12:14
  18. 18 CONSENT AGENDA ▶ jump to 133:22
  19. 19 (From Council Finance and Administrative Services Committee) ▶ jump to 133:27
  20. 1. Request authorization for the County Executive to enter into a lease agreement between Whatcom County and Swinomish Health Services dba Didgʷálič Wellness Center to lease space at 2028 Division Street, Bellingham WA, in the amount of $360 AB2024-844 AUTHORIZED BY CONSENT Pass ▶ jump to 133:27
  21. 2. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Bellingham Fire Department for the purchase of personal protective clothing described as being free of Perfluoroalkyl and Polyfluoroalky substances (known as PFAS), in the amount of $83,781.64 AB2025-016 AUTHORIZED BY CONSENT Pass ▶ jump to 133:27
  22. 3. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Department of Health to define the joint and cooperative relationship of the parties for the delivery of various public health services, in the amount of $0 AB2025-017 AUTHORIZED BY CONSENT Pass ▶ jump to 133:27
  23. 4. Request authorization for the County Executive to enter into a contract between Whatcom County and NAMI of Whatcom County to provide mental health education and support programs, in the amount of $38,000 AB2025-018 AUTHORIZED BY CONSENT Pass ▶ jump to 133:27
  24. 5. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Julota to track and monitor services and care provided to individuals frequently seen by Health and Community Services’ Response Systems Division Programs in the amount of $155,022 for a total amended contract amount of $433,448 AB2025-020 AUTHORIZED BY CONSENT Pass ▶ jump to 133:27
  25. 6. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lake Whatcom Residential & Treatment Center to provide Mental Health Court case coordination services in the amount of $12,000, for a total amended contract amount of $22,000 AB2025-024 AUTHORIZED BY CONSENT Pass ▶ jump to 133:27
  26. 7. Request authorization for the County Executive to enter into a contract between Whatcom County and Common Goodness Project to support LGBTQ+ youth and promote substance use prevention through training and technical assistance, in the amout of $40,000 AB2025-025 AUTHORIZED BY CONSENT Pass ▶ jump to 133:27
  27. 8. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Bellingham for joint administration of a Home Electrification and Appliance Rebate Program funded by the Department of Commerce with Climate Commitment Act funds, in the amount of $0 AB2025-026 AUTHORIZED BY CONSENT Pass ▶ jump to 133:27
  28. 9. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Washington State Military Department to utilize the Emergency Management Performance Grant (EMPG) funding in the amount of $65,647 to assist in preparing for all hazards through sustainment and enhancement Division of Emergency Management programs AB2025-027 AUTHORIZED BY CONSENT Pass ▶ jump to 133:27
  29. 10. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Whatcom Conservation District for assistance with implementation of Whatcom County’s stormwater outreach program, with a particular emphasis on the Lake Whatcom watershed, in the amount of $87,940.98 AB2025-028 AUTHORIZED BY CONSENT Pass ▶ jump to 133:27
  30. 11. Request authorization for the County Executive to inter into an interlocal agreement between Whatcom County and Whatcom Conservation District for outreach, education, and technical assistance with Birch Bay Watershed and Aquatic Resources Management (BBWARM) stormwater programs, in the amount of $113,492.07 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) AB2025-029 AUTHORIZED BY CONSENT Pass ▶ jump to 133:27
  31. 12. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Whatcom Conservation District for the planning, oversight, maintenance, and monitoring of existing and new FCZD and Special District mitigation and/or revegetation projects that utilize the Alternative Corrections Crew as well as provide technical assistance to the FCZD and Special Districts, in the amount of $50,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) AB2025-031 AUTHORIZED BY CONSENT Pass ▶ jump to 133:27
  32. 13. Request authorization for the County Executive to enter into a cost sharing agreement between Whatcom County and Birch Bay Leisure Park Association (BBLPA) to facilitate a joint project to replace a failing culvert, in the amount of $0 AB2025-033 AUTHORIZED BY CONSENT Pass ▶ jump to 133:27
  33. 14. Request authorization for the County Executive to enter into a contract between Whatcom County and Anchor QEA to conduct a study to analyze the Musto Marsh and Springsteen Lake sites to obtain information that is important to evaluate their feasibility as water storage projects, in the amount of $80,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) AB2025-035 AUTHORIZED BY CONSENT Pass ▶ jump to 133:27
  34. 15. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Unity Care NW to provide Mental Health Court case coordination services in the amount of $8,000, for a total amended contract amount of $18,000 AB2025-036 AUTHORIZED BY CONSENT Pass ▶ jump to 133:27
  35. 16. Request authorization for County Executive to enter into a 2 year agreement between Whatcom County and the Northwest Regional Council for the purposes of administering the Meals on Wheels program in the amount of $120,000 AB2025-037 AUTHORIZED BY CONSENT Pass ▶ jump to 133:27
  36. 17. Request authorization for the County Executive to enter a Collective Bargaining Agreement between Whatcom County and the Sheriff’s Office Corrections Senior Management Group for the period January 1, 2025 - December 31, 2025 AB2025-038 SUBSTITUTE AUTHORIZED BY CONSENT Pass ▶ jump to 133:27
  37. 18. 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 AB2025-046 ▶ jump to 133:27
  38. 19. Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and Washington State Military to revise the budget categories for Stonegarden FY21 AB2025-047 AUTHORIZED BY CONSENT Pass ▶ jump to 133:27
  39. 38 This item was considered separately below.
  40. 20. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Parks and Recreation Commission for a cooperative framework for boating safety, in the amount of $0 AB2025-049 AUTHORIZED BY CONSENT Pass ▶ jump to 133:27
  41. 40 OTHER ITEMS ▶ jump to 156:44
  42. 41 (From Council Finance and Administrative Services Committee) ▶ jump to 156:45
  43. 41 CONSENT AGENDA ITEMS CONSIDERED SEPARATELY ▶ jump to 133:22
  44. 1. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and PFM Financial Services, LLC to increase the compensation by $60,000 for a total amount of $99,000 AB2025-021 AUTHORIZED Pass ▶ jump to 156:52
  45. 18. 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 AB2025-046 REFERRED TO COMMITTEE Pass ▶ jump to 123:08
  46. 2. Resolution amending Resolution 2024-058 and re-certifying Whatcom County’s property tax levies for collection in 2025 to the county assessor AB2025-023 APPROVED Pass ▶ jump to 157:40
  47. 44 (From Council Planning and Development Committee) ▶ jump to 158:11
  48. 3. Resolution approving recommendations on Open Space applications AB2025-019 APPROVED Pass ▶ jump to 158:29
  49. 46 (From Council Committee of the Whole) ▶ jump to 159:07
  50. 4. Resolution to establish Council goals for full, timely awarding of Healthy Children’s Fund contracts AB2024-767 APPROVED Pass ▶ jump to 159:22
  51. 5. Ordinance amending Whatcom County Code 2.21 Board of Equalization to clarify Board of Equalization membership AB2024-843 ADOPTED Pass ▶ jump to 160:21
  52. 6. Ordinance amending Whatcom County Code Chapter 2.130 Economic Development Investment Board AB2024-870 ADOPTED Pass ▶ jump to 163:33
  53. 7. Letter from the Whatcom County Council to the Executive regarding homelessness and shelters AB2025-073 APPROVED REQUEST Pass ▶ jump to 164:34
  54. 51 (No Committee Assignment) ▶ jump to 223:26
  55. 8. Resolution amending the County Council and Executive expectations for advisory groups AB2025-069 APPROVED Pass ▶ jump to 223:44
  56. 53 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES ▶ jump to 230:12
  57. 1. Appointments to three vacancies on the Drainage District #3 Board of Commissioners, Applicant(s): Jerod Priebe, Loren Vander Yacht, Lucas Plagerman, Keith Roosma AB2024-869 APPOINTED ▶ jump to 230:18
  58. 2. Request Council to vacate a position on the Incarceration Prevention & Reduction Task Force, social services provider AB2024-872 APPROVED REQUEST Pass ▶ jump to 238:39
  59. 3. Appointments to vacancies on the Board of Equalization, various positions, Applicant(s): John Young, James Day, Grant Nulle, Todd Lagestee, Shenandoah Myrick AB2025-051 APPOINTED ▶ jump to 239:15
  60. 4. Appointments to vacancies on the Business and Commerce Advisory Committee, various positions, Applicant(s): James Bauckman, Troy Lautenbach, Indca Mitchell, Heather Powell, Jacob Jones AB2025-052 APPOINTED ▶ jump to 251:56
  61. 5. Appointments to vacancies on the Child and Family Well-Being Task Force, Applicant(s): Allison Bishop, Ray Deck III, Jamie Desmul, Megan Juenemann, Lyn Salazar, Vesla Tonnessen, Jennifer Wright, Susan Marks, Lynn Schreiber, Nina Ballew AB2025-053 APPOINTED ▶ jump to 259:57
  62. 58 Appointed Loren Vander Yacht to Commissioner Position 3
  63. 6. Appointment to a vacancy on the Climate Impact Advisory Committee, Applicant(s): Robert Drake, Andrew Paterson, Joshua Williams, Mark Waschke, Tom Wolf, Anders Hellum-Alexander, Gabe Epperson, Robin Jentz, Mary Loquvam AB2025-054 APPOINTED ▶ jump to 267:45
  64. 59 Appointed Jerod Priebe to Commissioner Position 1 and Appointed Keith Roosma to Commissioner Position 2 5-0 with Buchanan and Galloway out of the meeting
  65. 7. Appointment to a vacancy on the Criminal Justice Treatment Account Panel, criminal defense bar representative, Applicant(s): Starck Follis AB2025-055 APPOINTED Pass ▶ jump to 272:14
  66. 8. Appointment to a vacancy on the Justice Project Oversight and Planning (JPOP) Committee, youth/young adult position, Applicant(s): Parneet Kaur, Justin White AB2025-056 APPOINTED ▶ jump to 273:36
  67. 9. Appointment to vacancies on the Public Health Advisory Board, Applicant(s): Ashley Thomasson, Guy Occhiogrosso, Chris Kobdish, Alan Lifson, Shannon Boustead, Melissa Nyberg, Karin Jones, Kendra Cristelli, Jessica Rienstra, Sue Rodgers, Rachel McGarrity, Lara Welker (Council acting as the Board of Health) AB2025-058 APPOINTED ▶ jump to 276:30
  68. 62 Appointed John Young as regular BOE member with 4 votes
  69. 10. Appointment to vacancies on the Planning Commission, Applicant(s): Frank James, Dan Dunne, Nicholas Greif, Christina Maginnis, Rud Browne AB2025-060 APPOINTED ▶ jump to 286:21
  70. 63 Appointed James Day 7-0 as a BOE alternate
  71. 11. Appointments to vacancies on the Surface Mining Advisory Committee, various positions, Applicant(s): Thomas Harron, Derek Hergenhein, Lane Stremler, Jordan Van Werven AB2025-061 APPOINTED ▶ jump to 297:12
  72. 64 Appointed Grant Nulle, Todd Lagestee, Shenandoah Myrick as BOE alternates 7-0
  73. 12. Appointments to vacancies on the Flood Control Zone District Advisory Committee, various positions, Applicant(s): Ron Bronsema, Jeff DeJong, Bruce Bosch, John Perry (Council acting as the Flood Control Zone District Board of Supervisors) AB2025-062 APPOINTED ▶ jump to 309:42
  74. 13. Appointment to a vacancy on the Acme/Van Zandt Flood Control Subzone Advisory Committee, Applicant(s) Elvin Kalsbeek (Council acting as the Flood Control Zone District Board of Supervisors) AB2025-063 APPOINTED Pass ▶ jump to 310:55
  75. 66 Appointed Heather Powell to the Childcare position with 7 votes
  76. 14. Appointment to a vacancy on the Birch Bay Watershed and Aquatic Resources Management (BBWARM) Advisory Committee, Applicant(s): Robert Shanabarger, Glenn Briskin, Suzy Thompson, Lesley Cooke (Council acting as the Flood Control Zone District Board of Supervisors) AB2025-064 APPOINTED ▶ jump to 312:22
  77. 67 Appointed Troy Lautenbach to the For-Profit Industry position with 7 votes
  78. 15. Appointment to a vacancy on the Lynden/Everson Flood Control Subzone Advisory Committee, Applicant(s): Ron Bronsema (Council acting as the Flood Control Zone District Board of Supervisors) AB2025-065 APPOINTED Pass ▶ jump to 314:11
  79. 68 Motion approved 7-0 to hold the appointment for the Recreation Industry position open to be decided on the 28th
  80. 16. Appointment to vacancies on the Drayton Harbor Shellfish Protection District Advisory Committee, Applicant(s): Jiggy Sorrell AB2025-066 APPOINTED Pass ▶ jump to 316:28
  81. 17. Appointment to vacancies on the Solid Waste Advisory Committee, various positions, Applicant(s): Jerry Burns AB2025-068 APPOINTED Pass ▶ jump to 317:37
  82. 70 Appointed Allison Bishop, Ray Deck III, Jamie Desmul, Megan Juenemann, Vesla Tonnessen, Jennifer Wright, Lynn Schreiber, and Susan Marks
  83. 18. Request motion to amend the term end dates for select Whatcom County Ferry Advisory Committee positions AB2025-070 APPROVED REQUEST Pass ▶ jump to 318:40
  84. 72 CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES ▶ jump to 320:48
  85. 72 Appointed Joshua Williams with 4 votes
  86. 1. Request confirmation of the County Executive’s appointments to the Whatcom County Commission on Salaries for Elected Officials AB2025-022 CONFIRMED Pass ▶ jump to 321:28
  87. 2. Request confirmation of the County Executive’s appointment of Dr. Amy Harley as Co-Health Officer effective since December 6, 2021 AB2025-039 CONFIRMED Pass ▶ jump to 322:40
  88. 3. Request confirmation of the County Executive’s appointment of Austin Lennsen to the Whatcom County Agricultural Advisory Committee AB2025-040 CONFIRMED Pass ▶ jump to 323:35
  89. 75 Appointed Parneet Kaur with 4 votes
  90. 4. Request confirmation of the County Executive’s appointment of Dr. Meghan Lelonek as Co-Health Officer effective January 20, 2025 AB2025-041 CONFIRMED Pass ▶ jump to 324:18
  91. 5. Request confirmation of the County Executive’s reappointments of Summer Star and Crystal Thompson to the Whatcom County Behavioral Health Advisory Committee AB2025-042 CONFIRMED Pass ▶ jump to 325:09
  92. 77 Appointed Ashley Thomasson, Guy Occhiogrosso, Chris Kobdish, Shannon Boustead, Kendra Cristelli, Sue Rodgers, Lara Welker, and Rachel McGarrity
  93. 6. Request confirmation of the County Executive’s reappointment of Patrick Bush to the Whatcom County Bicycle/Pedestrian Advisory Commission AB2025-043 CONFIRMED Pass ▶ jump to 325:46
  94. 78 Appointed Guy Occhiogrosso, Chris Kobdish, Shannon Boustead, Kendra Cristelli, and Sue Rodgers to the full three-year terms and Appointed Ashley Thomasson, Lara Welker, and Rachel McGarrity to the partial terms ending 1/31/2026 7-0
  95. 7. Request confirmation of the County Executive’s reappointment of Dr. Lindsay Foreman-Murray to the Whatcom County Developmental Disabilities Advisory Board AB2025-044 CONFIRMED Pass ▶ jump to 326:21
  96. 8. Request confirmation of the County Executive’s reappointment of Gregory Burg, Tyler Buys, Adam Morrow and Kevin Stewart to the Whatcom County Development Standards Technical Advisory Committee AB2025-045 CONFIRMED Pass ▶ jump to 327:20
  97. 80 Appointed Rud Browne for District 1 with 6 votes
  98. 9. Request confirmation of the County Executive’s reappointments of Brian Hunter and William Zidel to the Whatcom County Point Roberts Community Advisory Committee AB2025-048 CONFIRMED Pass ▶ jump to 328:01
  99. 81 Appointed Dan Dunne and Nicholas Greif for Districts 1, 2, or 3 with 6 and 4 votes respectively
  100. 10. Request confirmation of the County Executive’s appointment of Mark Asmundson to the Bellingham-Whatcom Public Facilities District AB2025-067 CONFIRMED Pass ▶ jump to 328:35
  101. 83 ITEMS ADDED BY REVISION ▶ jump to 329:15
  102. 83 Appointed Lane Stremler to the Citizen Living in Close Proximity position 7-0
  103. 84 INTRODUCTION ITEMS ▶ jump to 329:45
  104. 84 Appointed Jordan Van Werven to the Member of the Surface Mining Industry position 7-0
  105. 1. Ordinance adopting amendments to Whatcom County Code Title 20, Zoning AB2024-874 INTRODUCED FOR PUBLIC HEARING Pass ▶ jump to 329:45
  106. 2. Ordinance adopting amendments to Whatcom County Code Titles 20 & 22 to enact SSB 5290 regarding local project review AB2025-059 SUBSTITUTE INTRODUCED FOR PUBLIC HEARING Pass ▶ jump to 329:45
  107. 86 Appointed John Perry and Bruce Bosch to the Impacted Cities positions and Appointed Ron Bronsema and Jeff DeJong to the Special Districts positions 7-0
  108. 87 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ▶ jump to 330:35
  109. 88 ADJOURN ▶ jump to 342:23
  110. 89 Appointed Robert Shanabarger with 4 votes
  111. 94 Motion Approved 7-0 to extend the current partial terms of Pamela Gould and Janice Catrell to a new term end date of 1/31/2026 and the vacant unincorporated position to a new partial term end date of 1/31/2027.
  112. 111 MOTIONS FROM COMMITTEE OF THE WHOLE EXECUTIVE SESSION
  113. 112 Discussion of pending litigation with Civil Deputy Jesse Corkern and outside counsel, Shane Brady: Michael Dull, an individual, Plaintiff vs. Whatcom County, et al., Defendants, Whatcom County Superior Court Case No. 24-2-02016-37 [Discussion of this item may take place in executive session (closed to the public) pursuant to RCW42.30.110 (1) (i)] AB2025-002 DISCUSSED AND MOTION(S) APPROVED
  114. 113 Discussion of pending litigation with Civil Deputy Jesse Corkern: Whisper Lake Developments, Inc., Plaintiff vs. Skagit Highlands Homes, LLC. et al., Defendants, United States District Court Western District of Washington Case. 2:24-cv-01909-BJR [Discussion of this item may take place in executive session (closed to the public) pursuant to RCW42.30.110 (1) (i)] AB2025-032 DISCUSSED AND MOTION(S) APPROVED
  115. 114 Discussion of pending litigation with Civil Deputy Jesse Corkern: Whisper Lake Developments, Inc., Plaintiff vs. Skagit Highlands Homes, LLC. et al., Defendants, United States District Court Western District of Washington Case. 2:24-cv-01909-BJR [Discussion of this item may take place in executive session (closed to the public) pursuant to RCW42.30.110 (1) (i)] AB2025-032 DISCUSSED AND MOTION(S) APPROVED
  116. 115 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES CONTINUED ▶ jump to 330:35