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November 6, 2024 ·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 PDF 📹 Watch video Official record ↗

Agenda — 93 items

  1. 1 COUNTY COUNCIL ▶ jump to 0:18
  2. 2 CALL TO ORDER ▶ jump to 0:35
  3. 3 ROLL CALL ▶ jump to 0:58
  4. 4 FLAG SALUTE ▶ jump to 1:25
  5. 5 ANNOUNCEMENTS ▶ jump to 1:53
  6. 6 COUNTY EXECUTIVE'S REPORT ▶ jump to 1:54
  7. 7 MINUTES CONSENT ▶ jump to 1:55
  8. 1. Water Work Session for October 15, 2024 MIN2024-072 APPROVED BY CONSENT Pass ▶ jump to 1:55
  9. 2. Committee of the Whole Executive Session for October 22, 2024 MIN2024-073 APPROVED BY CONSENT Pass ▶ jump to 1:59
  10. 3. Committee of the Whole for October 22, 2024 MIN2024-074 APPROVED BY CONSENT Pass ▶ jump to 1:55
  11. 4. Regular County Council for October 22, 2024 MIN2024-075 APPROVED BY CONSENT Pass ▶ jump to 1:55
  12. 12 INTRODUCTION ITEMS ▶ jump to 3:00
  13. 1. Ordinance adopting the Seven-Year Capital Improvement Program for Whatcom County Facilities 2025-2031 AB2024-697 ▶ jump to 3:00
  14. 2. Appointment to two vacancies on the Climate Impact Advisory Committee, Applicant(s): Marc Hoeschele, Ted Scott, Joshua Williams, Robert Drake AB2024-714 INTRODUCED Pass ▶ jump to 3:00
  15. 14 This item was considered separately below.
  16. 3. Ordinance amending the project budget for the Central Shop NPDES Stormwater Improvements Project Fund, request no. 1 AB2024-719 INTRODUCED Pass ▶ jump to 3:00
  17. 4. Ordinance amending the project based budget for the Goshen Road/Anderson Creek Bridge No. 248 Replacement Fund and Project Based Budget, request no. 1, in the amount of $200,000, for a total amended amount of $700,000 AB2024-723 INTRODUCED Pass ▶ jump to 3:00
  18. 5. Ordinance authorizing the levy of taxes for Countywide Emergency Medical purposes for 2025 AB2024-728 INTRODUCED FOR PUBLIC HEARING Pass ▶ jump to 3:00
  19. 6. Ordinance authorizing the levy of taxes for Conservation Futures purposes for 2025 AB2024-729 INTRODUCED FOR PUBLIC HEARING Pass ▶ jump to 3:00
  20. 7. Ordinance authorizing the levy of taxes for County Road purposes for 2025 AB2024-730 INTRODUCED FOR PUBLIC HEARING Pass ▶ jump to 3:00
  21. 8. Ordinance authorizing the levy of taxes for County and State Purposes in Whatcom County, Washington for the year of 2025 AB2024-731 INTRODUCED FOR PUBLIC HEARING Pass ▶ jump to 3:00
  22. 9. Resolution amending the levy of taxes for the Whatcom County Flood Control Zone District for 2025 (Council acting as the Flood Control Zone District Board of Supervisors) AB2024-732 INTRODUCED FOR PUBLIC HEARING Pass ▶ jump to 3:00
  23. 10. Ordinance amending Whatcom County Code Chapter 2.130 Economic Development Investment Board AB2024-739 ▶ jump to 3:00
  24. 11. Resolution adopting the 2025 budget for the Whatcom County Flood Control Zone District and Subzones (Council acting as the Flood Control Zone District Board of Supervisors) AB2024-742 INTRODUCED FOR PUBLIC HEARING Pass ▶ jump to 3:00
  25. 12. Ordinance authorizing the 2025 Whatcom County Unified Fee Schedule AB2024-743 INTRODUCED FOR PUBLIC HEARING Pass ▶ jump to 3:00
  26. 24 This item was considered separately below.
  27. 13. Ordinance amending the 2024 Whatcom County Budget, request no. 14, in the amount of $4,564,923 AB2024-744 INTRODUCED Pass ▶ jump to 3:00
  28. 14. Ordinance in the matter of the adoption of the final budget of Whatcom County for the Biennium 2025-2026 AB2024-745 ▶ jump to 3:00
  29. 15. Ordinance amending the project budget for the 23-Hour Crisis Relief Center Project Fund, request no. 1 AB2024-748 INTRODUCED Pass ▶ jump to 3:00
  30. 16. Ordinance amending the project budget for the Hovander Park Building Improvement Project, request no. 3 AB2024-749 INTRODUCED Pass ▶ jump to 3:00
  31. 17. Ordinance amending the project budget for the Courthouse Building Envelope Fund, request no. 6 AB2024-750 INTRODUCED Pass ▶ jump to 3:00
  32. 29 This item was considered separately below.
  33. 18. Ordinance amending the project budget for the Integrated Land Records and Permit Management System Fund, request no. 3 AB2024-752 INTRODUCED Pass ▶ jump to 3:00
  34. 19. Ordinance establishing the project based budget and an initial budget for the courtroom audio visual systems upgrade AB2024-753 INTRODUCED Pass ▶ jump to 3:00
  35. 20. Ordinance amending Whatcom County Code Chapter 2.06 Medical Examiner to establish a Medical Examiner Department AB2024-747 INTRODUCED Pass ▶ jump to 3:00
  36. 33 PUBLIC HEARINGS ▶ jump to 202:34
  37. 1. Ordinance adopting amendments to WCC Titles 20 and 22 to enact SSB 5290 regarding local project review AB2024-695 HEARD PUBLIC TESTIMONY AND HELD IN COUNCIL Pass ▶ jump to 227:06
  38. 35 OPEN SESSION ▶ jump to 283:22
  39. 36 CONSENT AGENDA ▶ jump to 325:26
  40. 36 INTRODUCTION ITEMS CONSIDERED SEPARATELY ▶ jump to 3:00
  41. 37 (From Council Finance and Administrative Services Committee) ▶ jump to 325:27
  42. 1. Ordinance adopting the Seven-Year Capital Improvement Program for Whatcom County Facilities 2025-2031 AB2024-697 SUBSTITUTE INTRODUCED FOR PUBLIC HEARING AS AMENDED Pass ▶ jump to 30:20
  43. 1. Request authorization for the County Executive to enter into a contract between Whatcom County and Bellingham and Whatcom County Housing Authorities to develop a licensed child care facility in the Samish Commons affordable housing complex, in the amount of $1,093,637 AB2024-682 AUTHORIZED BY CONSENT Pass ▶ jump to 325:27
  44. 38 Motion approved 6-1, with Scanlon opposed, to amend item one to have the Capital Improvement Program include a $174 million estimate for the justice facility and the most recent estimate on the ferry.
  45. 2. Request authorization for the County Executive to enter into a contract between Whatcom County and Lake Whatcom Water and Sewer District to provide emergency management services to Lake Whatcom Water and Sewer District in the amount of $50,000 AB2024-709 AUTHORIZED BY CONSENT Pass ▶ jump to 325:31
  46. 10. Ordinance amending Whatcom County Code Chapter 2.130 Economic Development Investment Board AB2024-739 INTRODUCED AS AMENDED Pass ▶ jump to 81:21
  47. 3. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Elizabeth Boyle Consulting to provide meeting facilitation services in the amount of $23,000, for a total amended contract amount of $46,000 AB2024-711 AUTHORIZED BY CONSENT Pass ▶ jump to 325:27
  48. 40 Motion approved 7-0 to amend 2.130.020(A) (Purpose) of Exhibit A so that it reads: A. “Increase the number of family wage jobs available in Whatcom County.”
  49. 4. Request authorization for the County Executive to enter into an interlocal agreement beween Whatcom County and the City of Bellingham for the purchase of brine at a cost of $.63 per gallon AB2024-715 AUTHORIZED BY CONSENT Pass ▶ jump to 325:27
  50. 14. Ordinance in the matter of the adoption of the final budget of Whatcom County for the Biennium 2025-2026 AB2024-745 SUBSTITUTE INTRODUCED FOR PUBLIC HEARING Pass ▶ jump to 99:37
  51. 5. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Sanitary Service Company, Inc. to collect waste along Birch Bay Drive in the amount of $15,000, for a total contract amount of $43,000 AB2024-716 AUTHORIZED BY CONSENT Pass ▶ jump to 325:27
  52. 42 Motion approved 7-0 to enter into executive session to discuss personnel matters, pursuant to RCW 42.30.110(g), until no later than 8:15 p.m., and if more time is needed the chair can come out and extend the time.
  53. 6. Request authorization for the County Executive to enter into a contract between Whatcom County and Elliot Bay Design Group, LLC, to provide engineering services for the annual dry dock of the MV Whatcom Chief ferry along with other on-call services as needed for the Lummi Island Ferry System, in the amount of $75,000 AB2024-717 AUTHORIZED BY CONSENT Pass ▶ jump to 325:27
  54. 43 Motion approved 7-0 to create a new Additional Service Request (ASR) that reflects a two-year temporary position (in the Council Office) with benefits.
  55. 7. Request authorization for the County Executive to enter into a three year subscription agreement with West Publishing for legal research databases in the amount of $151,672.68 AB2024-720 AUTHORIZED BY CONSENT Pass ▶ jump to 325:27
  56. 44 Motion approved 7-0 that they request that the executive schedule a policy discussion with Council in quarter one of 2025 regarding food bank funding as the use of either: A. the Healthy Children's Fund reserves from year one and two, and/or B. incorporation of food assistance into the upcoming Healthy Children's Fund Implementation Plan.
  57. 8. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Bellingham for the What-Comm Communications Center in support of reimbursement for E911 capital equipment expenses in the amount of $43,747 AB2024-721 AUTHORIZED BY CONSENT Pass ▶ jump to 325:27
  58. 45 CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES ▶ jump to 181:15
  59. 9. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Fire Protection District 5 (Point Roberts) for Basic Life Support Services in Whatcom County, in the amount of $21,869.16 AB2024-726 AUTHORIZED BY CONSENT Pass ▶ jump to 325:27
  60. 1. Request confirmation of the County Executive’s appointment of Dr. Aldo Fusaro as Medical Examiner effective December 9, 2024 AB2024-722 CONFIRMED Pass ▶ jump to 182:11
  61. 10. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Washington State Department of Commerce to examine the potential for an Office of Healthy Housing in the amount of $190,000 AB2024-727 AUTHORIZED BY CONSENT Pass ▶ jump to 325:27
  62. 47 OTHER ITEMS - PART ONE ▶ jump to 326:52
  63. 11. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the US Department of Justice Drug Enforcement Agency (DEA) for Organized Crime Drug Enforcement Task Force (OCDETF) investigation # PA-WAW-0376, in the amount of $5,000 AB2024-734 AUTHORIZED BY CONSENT Pass ▶ jump to 325:27
  64. 12. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the US Department of Justice Drug Enforcement Agency (DEA) for Organized Crime Drug Enforcement Task Force (OCDETF) investigation # PA-WAW-0385, in the amount of $5,000 AB2024-735 AUTHORIZED BY CONSENT Pass ▶ jump to 325:27
  65. 13. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the US Department of Justice Drug Enforcement Agency (DEA) for Organized Crime Drug Enforcement Task Force (OCDETF) investigation PA-WAW-0386, in the amount of $5,000 AB2024-736 AUTHORIZED BY CONSENT Pass ▶ jump to 325:27
  66. 50 See consideration of this item under Other Items - Part two
  67. 14. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the US Department of Justice Drug Enforcement Agency (DEA) for Organized Crime Drug Enforcement Task Force (OCDETF) investigation # PA-WAW-0387, in the amount of $5,000 AB2024-737 AUTHORIZED BY CONSENT Pass ▶ jump to 325:27
  68. 15. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Washington Traffic Safety Commission for High Visibility Emphasis (HVE) patrols, in the amount of $28,000 AB2024-738 AUTHORIZED BY CONSENT Pass ▶ jump to 325:27
  69. 16. Request authorization for the County Executive to enter into a contract between Whatcom County and Lutheran Community Services Northwest to lease a facility intended for use as the 2024-2025 winter shelter, in the amount of $66,625 AB2024-740 AUTHORIZED BY CONSENT Pass ▶ jump to 325:27
  70. 53 Motion approved 7-0 to hold this item until November 19th and schedule a work session on Tuesday, November 12th after their WSAC courthouse briefing.
  71. 54 OTHER ITEMS - PART TWO ▶ jump to 326:52
  72. 55 (From Council Finance and Administrative Services Committee) ▶ jump to 326:54
  73. 1. Request authorization for the County Executive to enter into a contract between Whatcom County and Ferndale School District to purchase and install an ADA-compliant playground, in the amount of $700,000 AB2024-654 SUBSTITUTE AUTHORIZED Pass ▶ jump to 327:00
  74. 57 (From Council Criminal Justice and Public Safety Committee) ▶ jump to 331:17
  75. 2. Ordinance amending Whatcom County Code Section 5.04.085 EMS technical advisory board AB2024-691 ADOPTED Pass ▶ jump to 331:34
  76. 59 (From Council Committee of the Whole) ▶ jump to 183:51
  77. 3. Resolution establishing ferry level of service-decision on a replacement AB2024-725 DISCUSSED ▶ jump to 183:53
  78. 61 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES ▶ jump to 342:55
  79. 1. Appointment to a vacancy on the Child and Family Well-Being Task Force, Applicant(s): Jessica Goette AB2024-680 APPOINTED Pass ▶ jump to 343:31
  80. 2. Appointment to a vacancy on the Justice Project Oversight and Planning Committee, substance use disorder provider position, Applicant(s): Suzanne Scala, Alexis Hahs, Amber Rucker AB2024-712 APPOINTED ▶ jump to 344:04
  81. 64 CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
  82. 1. Request confirmation of the County Executive’s appointment of Dr. Aldo Fusaro as Medical Examiner effective December 9, 2024 AB2024-722
  83. 66 ITEMS ADDED BY REVISION ▶ jump to 352:01
  84. 67 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ▶ jump to 355:33
  85. 68 ADJOURN ▶ jump to 366:30
  86. 78 (From Council Committee of the Whole) ▶ jump to 340:48
  87. 79 See discussion of this item above (under OTHER ITEMS PART ONE)
  88. 3. Resolution establishing ferry level of service-decision on a replacement AB2024-725 APPROVED Pass ▶ jump to 341:10
  89. 84 Appointed Amber Rucker with five votes.
  90. 87 This item was considered out of order after Introduction above.
  91. 89 Ordinance authorizing the levy of taxes for Countywide Emergency Medical purposes for 2025 AB2024-779 INTRODUCED FOR PUBLIC HEARING Pass
  92. 90 Motion approved 5-2, with Byrd and Elenbaas opposed, that they introduce the substitute version 2 of the EMS levy ordinance to be considered concurrently with the executive's proposal.
  93. 92 MOTION SUMMARY: From Committee of the Whole Executive Session (AB2024-724) Motion approved 7-0 to approve defense and indemnification of Ryan Swinburnson, named as a defendant in Jacob Dean Ringenbach, an individual, Plaintiff v. Attorney Ryan Swinburnson, Defendant. Based on the following findings: A. Ryan Swinburnson was acting in a matter in which the county had an interest; B. Ryan Swinburnson was acting in the discharge of a duty imposed or authorized by law; C. Ryan Swinburnson acted in good faith.