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July 9, 2024 ·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 7.8.2024

Hybrid Meeting

Agenda PDF 📹 Watch video Official record ↗

Agenda — 82 items

  1. 1 COUNTY COUNCIL ▶ jump to 0:01
  2. 2 CALL TO ORDER ▶ jump to 0:02
  3. 3 ROLL CALL ▶ jump to 0:15
  4. 4 FLAG SALUTE ▶ jump to 0:33
  5. 5 ANNOUNCEMENTS ▶ jump to 0:57
  6. 6 COUNTY EXECUTIVE'S REPORT ▶ jump to 1:15
  7. 7 MINUTES CONSENT ▶ jump to 1:19
  8. 1. Regular County Council for June 4, 2024 MIN2024-030 APPROVED BY CONSENT Pass ▶ jump to 1:18
  9. 2. Committee of the Whole for June 4, 2024 MIN2024-031 APPROVED BY CONSENT Pass ▶ jump to 1:18
  10. 3. Special Council for June 11, 2024 MIN2024-032 APPROVED BY CONSENT Pass ▶ jump to 1:18
  11. 4. Committee of the Whole for June 18, 2024 MIN2024-033 APPROVED BY CONSENT Pass ▶ jump to 1:18
  12. 5. Regular County Council for June 18, 2024 MIN2024-034 APPROVED BY CONSENT Pass ▶ jump to 1:18
  13. 6. Special Council for June 25, 2024 MIN2024-035 APPROVED BY CONSENT Pass ▶ jump to 1:18
  14. 7. Water Work Session for October 17, 2023 MIN2024-036 APPROVED BY CONSENT Pass ▶ jump to 1:18
  15. 15 PUBLIC HEARINGS ▶ jump to 1:53
  16. 1. Resolution to Declare Whatcom County Real Property as Surplus and Approve Transfer AB2024-348 APPROVED Pass ▶ jump to 3:28
  17. 18 OPEN SESSION ▶ jump to 3:49
  18. 19 CONSENT AGENDA ▶ jump to 143:10
  19. 20 (From Council Finance and Administrative Services Committee) ▶ jump to 143:15
  20. 1. Request authorization for the County Executive to enter into a contract between Whatcom County and Snohomish County to utilize State Homeland Security Grant Program (SHSP) funding to sustain and enhance Division of Emergency Management programs, in the amount of $41,307 AB2024-406 AUTHORIZED BY CONSENT Pass ▶ jump to 143:15
  21. 2. Request authorization for the County Executive to enter into a contract between Whatcom County and Uwill, Inc. to provide school based teletherapy services, in the amount of $150,000 AB2024-417 ▶ jump to 143:15
  22. 22 This item was considered separately below.
  23. 3. Request authorization for the County Executive to enter into a contract between Whatcom County and Pace CDL Consulting and CDL Training to provide Commercial Driver’s License Training and test preparation to Maintenance and Operations employees, in the amount of $75,000 AB2024-421 AUTHORIZED BY CONSENT Pass ▶ jump to 143:15
  24. 4. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Skagit County for the purpose of providing each other with labor, equipment, or materials on a reimbursable basis for road maintenance activities through May 21, 2027 AB2024-423 AUTHORIZED BY CONSENT Pass ▶ jump to 143:15
  25. 5. Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and Washington State Department of Social and Health Services to ensure a coordinated system of local developmental disability services in the amount of $6,476,900, for a total amended agreement amount of $12,546,270 AB2024-424 AUTHORIZED BY CONSENT Pass ▶ jump to 143:15
  26. 6. Request authorization for the County Executive to enter into a contract between Whatcom County and Ferndale Community Services to perform rural homeless outreach services, in the amount of $55,377 AB2024-426 AUTHORIZED BY CONSENT Pass ▶ jump to 143:15
  27. 7. Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Department of Transportation (WSDOT) to provide federal Ferry Boat Program (FBP) funds for the Lummi Island Ferry operatings costs, in the amount of $1,099,507.00 AB2024-431 AUTHORIZED BY CONSENT Pass ▶ jump to 143:15
  28. 8. Request authorization for the County Executive to enter into a contract between Whatcom County and the State of Washington Department of Ecology to receive funding for Water Resource Inventory Area 1 (WRIA 1) collaborative water supply planning, in the amount of $485,600.00 AB2024-433 AUTHORIZED BY CONSENT Pass ▶ jump to 143:15
  29. 9. Request authorization for the County Executive to enter into a contract between Whatcom County and the Executive Office of the President Office of National Drug Control Policy (ONDCP) to implement the strategy of the Northwest High Intensity Drug Trafficking Area (HIDTA) in the amount of $170,590.00 AB2024-435 AUTHORIZED BY CONSENT Pass ▶ jump to 143:15
  30. 10. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and RH2 to update the Whatcom County Coordinated Water System Plan in the amount of $50,000, for a total amended contract amount of $200,000 AB2024-437 AUTHORIZED BY CONSENT Pass ▶ jump to 143:15
  31. 11. Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and the City of Everson for participation in the Floodplain Integrated Planning (FLIP) process in the amount of $25,000 for a total amended agreement amount of $73,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) AB2024-438 AUTHORIZED BY CONSENT Pass ▶ jump to 143:15
  32. 12. Request authorization for the County Executive to enter into a contract between Whatcom County and Pacific Security for patrol services, in the amount of $64,260.00 AB2024-439 AUTHORIZED BY CONSENT Pass ▶ jump to 143:15
  33. 13. Request authorization for the County Executive to enter into a lease agreement amendment between Whatcom County and Greg Dibble to extend the lease at 600 Dupont Street, Suite 100, in the amount of $257,217.36, for a total amended amount of $500,843.00 AB2024-440 AUTHORIZED BY CONSENT Pass ▶ jump to 143:15
  34. 14. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Tolin Law Firm to provide legal representation for the preparation and completion of the resentencing hearing in the matter of State v. Ryan Eugene Alexander in the amount of $10,001.00 for a total amended amount of $50,000.00 AB2024-442 AUTHORIZED BY CONSENT Pass ▶ jump to 143:15
  35. 15. Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and the City of Bellingham to provide funding for the Alternative Response Team (ART) Program in the amount of $60,000, for a total amended agreement amount of $630,096 AB2024-443 AUTHORIZED BY CONSENT Pass ▶ jump to 143:15
  36. 16. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to support childcare stabilization in Whatcom County in the amount of $119,305, for a total amended contract amount of $618,038 AB2024-444 AUTHORIZED BY CONSENT Pass ▶ jump to 143:15
  37. 17. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Washington State Department of Health to provide funding for various public health services in the amount of $1,948,136, for a total amended agreement amount of $16,258,233 AB2024-445 AUTHORIZED BY CONSENT Pass ▶ jump to 143:15
  38. 18. Request approval for the County Executive to award Bid #24-64 for the purchase of 16 pair of night vision goggles with helmet mounts from Steele Industries, Inc., located in Bradenton, Florida, in an amount not to exceed $190,979.27 AB2024-447 AUTHORIZED BY CONSENT Pass ▶ jump to 143:15
  39. 19. Request authorization for the County Executive to enter into a commercial lease agreement between Whatcom County and Cornwall Center Inc. for use of parking spaces at the Bellingham Senior Activity Center over five years with cost sharing from the City of Bellingham and Whatcom Council on Aging, in the amount of $133,464 AB2024-448 AUTHORIZED BY CONSENT Pass ▶ jump to 143:15
  40. 20. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Washington State Military Department for pass-through funding to support the What-Comm Communication Center in the amount of $52,900 AB2024-449 AUTHORIZED BY CONSENT Pass ▶ jump to 143:15
  41. 21. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Criminal Justice Training Commission for reimbursement of expenses, in the amount of $84,000 AB2024-457 AUTHORIZED BY CONSENT Pass ▶ jump to 143:15
  42. 22. Request authorization for the County Executive to enter into a contract between Whatcom County and TBL Investigations and Consulting, LLC for background investigations, in the estimated amount of $40,000 per year AB2024-458 AUTHORIZED BY CONSENT Pass ▶ jump to 143:15
  43. 43 OTHER ITEMS ▶ jump to 145:04
  44. 43 CONSENT AGENDA ITEMS CONSIDERED SEPARATELY ▶ jump to 143:10
  45. 44 (From Council Finance and Administrative Services Committee) ▶ jump to 145:08
  46. 2. Request authorization for the County Executive to enter into a contract between Whatcom County and Uwill, Inc. to provide school based teletherapy services, in the amount of $150,000 AB2024-417 AUTHORIZED Pass ▶ jump to 144:13
  47. 1. County Executive requests approval of the Economic Development Investment (EDI) Board’s recommendation for funding to support the City of Bellingham’s Bear Creek Corridor Construction Project, the City of Lynden’s Wastewater Treatment Plant Capacity and Nutrient Improvement Project, the City of Ferndale Water Treatment Plant Upgrades and Douglas Deep Well Projects, and the Housing Affordability through the Workforce Program AB2024-432 HELD IN COMMITTEE Pass ▶ jump to 145:37
  48. 46 (From Council Committee of the Whole) ▶ jump to 148:54
  49. 2. Resolution approving a Major Project Permit for the City of Bellingham AB2024-418 APPROVED Pass ▶ jump to 149:10
  50. 3. Ordinance amending Whatcom County Code 2.02.080, Standing Committees - Membership, to change the membership of all standing council committees from three members to seven AB2024-420 HELD IN COMMITTEE Pass ▶ jump to 149:52
  51. 49 (No Committee Assignment) ▶ jump to 150:21
  52. 4. Appointment of members to serve on pro and con statement writing committees for a proposed ballot measure amending the Whatcom County Charter to expand the standards for conflict of interest AB2024-400 DISCUSSED AND MOTION(S) APPROVED ▶ jump to 151:42
  53. 51 CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES ▶ jump to 152:08
  54. 1. Request confirmation of the County Executive’s reappointments of Georgiann Dustin and Jen Lautenbach to the Northwest Senior Services Board AB2024-429 CONFIRMED Pass ▶ jump to 152:36
  55. 2. Request confirmation of the County Executive’s appointment of Mike Cullum to the Civil Service Commission AB2024-461 CONFIRMED Pass ▶ jump to 154:32
  56. 53 Motion approved 7-0 to accept: Pro: Andrew Redding, Kathy Kershner, and John Westerfield; and Con: Doris Smith and Atul Deshmane
  57. 54 ITEMS ADDED BY REVISION ▶ jump to 154:52
  58. 1. Resolution requesting Whatcom County Superior Court issue a declaratory judgement to determine whether Initiative 2024-01 is procedurally invalid AB2024-466 APPROVED Pass ▶ jump to 155:16
  59. 2. Ordinance imposing an emergency interim moratorium on the acceptance and processing of applications and permits for new uses in areas zoned heavy impact industrial within a city’s designated urban growth area AB2024-468 TABLED Pass ▶ jump to 183:14
  60. 3. Resolution requesting the Whatcom County Executive decommission all contracts with the Opportunity Council and Northwest Youth Services relating to the 22 North permanent supportive housing facility AB2024-469 REFERRED TO COMMITTEE Pass ▶ jump to 209:47
  61. 58 INTRODUCTION ITEMS ▶ jump to 235:28
  62. 1. Ordinance submitting to the qualified voters of Whatcom County a proposal to repeal Proposition 5 AB2024-419 ▶ jump to 235:28
  63. 2. Appointment to a vacancy on the Solid Waste Advisory Committee, Waste Collection Industry representative, Applicant(s): Ted Carlson AB2024-422 INTRODUCED Pass ▶ jump to 235:28
  64. 3. Ordinance creating Whatcom County Code 2.49, establishing the Justice Project Finance and Facility Advisory Board AB2024-453 INTRODUCED Pass ▶ jump to 235:28
  65. 61 Motion Approved 7-0 to hold for three weeks so they can have a work session during their July 30th Health Board meeting.
  66. 4. Ordinance amending the project budget for the Way Station Project Fund, request no. 4 AB2024-460 INTRODUCED Pass ▶ jump to 235:28
  67. 5. Ordinance amending the 2024 Whatcom County Budget, request no. 9, in the amount of 873,134 AB2024-463 INTRODUCED Pass ▶ jump to 235:28
  68. 6. Ordinance imposing an interim moratorium on the acceptance and processing of applications and permits for new uses in areas zoned heavy impact industrial within a City’s designated urban growth area AB2024-467 ▶ jump to 235:28
  69. 64 This item was considered separately below.
  70. 65 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ▶ jump to 271:47
  71. 66 ADJOURN ▶ jump to 301:38
  72. 70 This item was considered separately below.
  73. 71 INTRODUCTION ITEMS CONSIDERED SEPARATELY ▶ jump to 235:28
  74. 1. Ordinance submitting to the qualified voters of Whatcom County a proposal to repeal Proposition 5 AB2024-419 SUBSTITUTE INTRODUCED AS AMENDED Pass ▶ jump to 236:53
  75. 6. Ordinance imposing an interim moratorium on the acceptance and processing of applications and permits for new uses in areas zoned heavy impact industrial within a City’s designated urban growth area AB2024-467 INTRODUCED FOR PUBLIC HEARING Pass
  76. 74 Introduced for Public Hearing (but only referred to Committee of the Whole in two weeks with no action on that date) 5-2 with Elenbaas and Stremler opposed
  77. 76 Discussion of pending litigation with Civil Deputy Prosecutor, George Roche, re; national opioid litigation and the opportunity to amend complaints to add additional defendants [Discussion of this item may take place in executive session (closed to the public) pursuant to RCW42.30.110 (1) (i)] AB2024-462 DISCUSSED AND MOTION(S) APPROVED
  78. 77 Motion approved 7-0 to authorize George Roche, Civil Deputy to advise Keller Rohrback, outside counsel handling the national opioid litigation for Whatcom County, to amend our complaint to add the following additional defendants as discussed in Executive Session: Albertsons, Indivior Inc., KVK-Tech, Inc., Express Scripts, OptumRx.
  79. 78 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)] AB2024-446 DISCUSSED AND MOTION(S) APPROVED
  80. 79 Motion approved 6-1, with Elenbaas 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.
  81. 80 Update from the investigative committee assigned to review recent employment law decisions AB2024-336 DISCUSSED AND MOTION(S) APPROVED
  82. 81 Motion approved 7-0 to have Council staff put in motion a budget supplemental not to exceed $100,000 to engage a professional to come in and review our policies pursuant to the scope of work that we as a Council will agree to.