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Council

April 9, 2024 ·6:00 PM Final ·HYBRID MEETING (PARTICIPATE IN-PERSON, VIEW ONLINE, OR REGISTER TO SPEAK REMOTELY - PLEASE SEE AGENDA NOTES UNDER "ANNOUNCEMENTS", “OPEN SESSION”, OR "PUBLIC HEARINGS" FOR MORE INFORMATION)

Hybrid Meeting

Agenda — 78 items

  1. 1 COUNTY COUNCIL ▶ jump to 0:07
  2. 2 CALL TO ORDER ▶ jump to 0:59
  3. 3 ROLL CALL ▶ jump to 1:15
  4. 4 FLAG SALUTE ▶ jump to 2:01
  5. 5 ANNOUNCEMENTS ▶ jump to 2:28
  6. 6 COUNTY EXECUTIVE'S REPORT ▶ jump to 2:29
  7. 7 MINUTES CONSENT ▶ jump to 2:36
  8. 1. Committee of the Whole for March 19, 2024 MIN2024-015 APPROVED BY CONSENT Pass ▶ jump to 2:35
  9. 2. Regular County Council for March 19, 2024 MIN2024-016 APPROVED BY CONSENT Pass ▶ jump to 2:35
  10. 10 PUBLIC HEARINGS ▶ jump to 3:12
  11. 1. Resolution vacating a portion of County Road and an unnamed alley within the Amended Plat of South Wickersham AB2024-155 APPROVED Pass ▶ jump to 5:09
  12. 2. Ordinance adopting amendments to Whatcom County Code Title 15, Buildings & Construction, to adopt by reference the 2021 Editions of the International Building, Residential, Mechanical, Fuel gas, existing building, fire codes, and the national fuel gas, Washington State Energy, uniform plumbing, & liquified petroleum gas codes, and the 1997 uniform code for the abatement of dangerous buildings, as amended as set forth herein, as required by RCW Chapter 19.27 AB2024-173 ADOPTED Pass ▶ jump to 10:39
  13. 3. Ordinance adopting amendments to Whatcom County Code Section 1.14, Electoral Precincts, with newly established voting precinct boundaries for Whatcom County AB2024-201 ADOPTED Pass ▶ jump to 22:30
  14. 4. Ordinance adopting Whatcom County Code Title 20, zoning code amendments relating to allowing propane reload, storage, and distribution facilities in the agriculture zone as a conditional use AB2024-208 ADOPTED Pass ▶ jump to 33:26
  15. 15 OPEN SESSION ▶ jump to 49:42
  16. 16 CONSENT AGENDA ▶ jump to 107:26
  17. 17 (From Council Finance and Administrative Services Committee) ▶ jump to 107:27
  18. 1. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Whatcom County Library System in support of the Birch Bay Library construction project in the amount of $315,000 AB2024-200 AUTHORIZED BY CONSENT Pass ▶ jump to 107:27
  19. 2. Request authorization for the County Executive to enter into a contract between Whatcom County and PNW Plateful to distribute weekly meals to low-income households, in the amount of $115,000 AB2024-204 AUTHORIZED BY CONSENT Pass ▶ jump to 107:27
  20. 3. Request authorization for the County Executive to enter into an Interlocal Agreement between Whatcom County and WA State Department of Commerce to provide funding for Justice Project management and Justice Project data work in the amount of $245,903.00 AB2024-221 AUTHORIZED BY CONSENT Pass ▶ jump to 107:27
  21. 4. Request authorization for the County Executive to enter into a no cost interlocal agreement between Whatcom County and Bellingham School District to provide community immunization clinics AB2024-222 AUTHORIZED BY CONSENT Pass ▶ jump to 107:27
  22. 5. Request authorization for the County Executive to enter into Project Agreement Amendment No. 3 with the County Road Administration Board (CRAB), for the Hampton Road Pavement Rehabilitation Project, for Rural Arterial Program (RAP) funding in the amount of $198,000 AB2024-223 AUTHORIZED BY CONSENT Pass ▶ jump to 107:27
  23. 6. Request permission for the County Executive to enter into a contract between Whatcom County and Geo Test Services to provide on-call construction materials testing and inspection services for 2024 in the amount not to exceed $200,000 AB2024-230 AUTHORIZED BY CONSENT Pass ▶ jump to 107:43
  24. 7. Request authorization for the County Executive to enter into a contract between Whatcom County and Aspect Consulting to provide water rights adjudication technical assistance, in the amount of $170,000.00 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) AB2024-232 AUTHORIZED BY CONSENT Pass ▶ jump to 107:27
  25. 8. Request authorization for the County Executive to award bid # 24-23 and enter into a contract between Whatcom County and Lake Union Drydock Company for the annual drydocking, repair and maintenance of the Whatcom Chief Ferry, in the amount of $1,180,380.00 AB2024-242 AUTHORIZED BY CONSENT Pass ▶ jump to 107:27
  26. 9. Request authorization for the County Executive to enter into a contract between Whatcom County and MacWhinney Environmental Consulting LLC for third-party critical areas review, in the amount of $60,000.00 AB2024-243 AUTHORIZED BY CONSENT Pass ▶ jump to 107:27
  27. 10. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to provide housing case management services in the amount of $256,842 for a total amended contract amount of $1,488,823 AB2024-244 ▶ jump to 107:27
  28. 11. Request authorization for the County Executive to enter into a contract between Whatcom County and Puget Sound Energy for the Sheriff’s Office to perform reimbursed overtime patrols, in the amount of $18,216.00 AB2024-248 SUBSTITUTE AUTHORIZED BY CONSENT Pass ▶ jump to 107:27
  29. 28 This item was considered separately below.
  30. 12. Request authorization for the County Executive to enter into an Economic Development Investment Program Interlocal Loan and Grant agreement between Whatcom County and the City of Bellingham to provide EDI loan and grant funding support for the Old Town Urban Village Improvement Project in the amount of $1,500,000 in grant funding and $1,500,000 in loan funding for a total agreement amount of $3,000,000 AB2024-257 AUTHORIZED BY CONSENT Pass ▶ jump to 107:27
  31. 30 OTHER ITEMS ▶ jump to 109:50
  32. 31 (From Council Public Works and Health Committee) ▶ jump to 109:52
  33. 31 CONSENT AGENDA ITEMS CONSIDERED SEPARATELY ▶ jump to 107:26
  34. 1. Ordinance amending Whatcom County Code 8.10, Solid Waste and Residential Recycling Collection AB2024-166 WITHDRAWN ▶ jump to 109:54
  35. 10. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to provide housing case management services in the amount of $256,842 for a total amended contract amount of $1,488,823 AB2024-244 AUTHORIZED Pass ▶ jump to 108:57
  36. 33 (From Council Planning and Development Committee) ▶ jump to 110:00
  37. 2. Resolution docketing Comprehensive Plan and Development Regulation amendments AB2024-245 APPROVED AS AMENDED Pass ▶ jump to 111:11
  38. 35 (From Council Committee of the Whole) ▶ jump to 117:10
  39. 3. Resolution identifying Whatcom County approaches to the fentanyl emergency AB2024-090 SUBSTITUTE APPROVED Pass ▶ jump to 118:33
  40. 4. Resolution supporting modernization of the Economic Development Investment (EDI) Board AB2024-252 APPROVED AS AMENDED Pass ▶ jump to 121:28
  41. 5. Resolution repealing Resolution 2023-054 (a resolution establishing an independent review of countywide fire and emergency medical services structures) AB2024-254 FAILED Fail ▶ jump to 129:05
  42. 38 Motion approved 7-0 to amend the docket to retain PLN2022-00005.
  43. 6. Request confirmation of the County Executive’s appointment of Kayla Schott-Bresler as Deputy Executive effective April 10, 2024 AB2024-236 CONFIRMED Pass ▶ jump to 134:50
  44. 40 (No Committee Assignment) ▶ jump to 136:10
  45. 7. Ordinance calling for the election of Charter Review Commissioners at the November 2024 General Election AB2024-210 ADOPTED Pass ▶ jump to 136:45
  46. 8. Resolution in support of expanding access to affordable and reliable internet for all residents of Whatcom County AB2024-253 APPROVED Pass ▶ jump to 138:44
  47. 42 Motion approved 7-0 to amend the 7th whereas statement to strike the word “for” before “housing” and add “to finance the construction of” so that it reads: WHEREAS, in 2024, the Washington State Legislature passed HB 1987, clarifying that these funds may be used to finance the construction of housing that is nonprofit owned and make it clear that land is an eligible project cost; and
  48. 43 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES ▶ jump to 180:35
  49. 43 Motion approved 7-0 to amend to add a new whereas statement after the one above that reads: WHEREAS, HB 1987 defines affordable housing as, “housing for single persons, families, or unrelated persons living together whose income is no more than 120 percent of the median income, adjusted for housing size, for the county where the housing is located”; and
  50. 1. Appointment to a vacancy on the Surface Mining Advisory Committee, potable domestic groundwater supply representative, Applicant(s): Carl Isom-McDaniel AB2024-191 APPOINTED Pass ▶ jump to 181:23
  51. 2. Clarification of Council appointment and appointment to vacancies on the Justice Project Oversight and Planning Committee, Applicant(s): Scott Ryckman, Richard Gleason, and Tawsha Thompson AB2024-211 APPOINTED ▶ jump to 181:46
  52. 3. Clarification of Council motion to change representation on the Surface Mining Advisory Committee from Committee Member Kathleen Greenbaum AB2024-212 APPOINTED ▶ jump to 187:21
  53. 4. Appointment to vacancies on the Wildlife Advisory Committee, Applicant(s): Jay Brueggeman AB2024-224 APPOINTED Pass ▶ jump to 191:05
  54. 5. Approval of request to change representation on the Board of Equalization from At-Large Alternate to District 2, from Board Member Tom Follis AB2024-234 APPOINTED Pass ▶ jump to 192:32
  55. 49 CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES ▶ jump to 192:57
  56. 1. Request confirmation of the County Executive’s appointment of David Finet to the Housing Authority of Whatcom County AB2024-215 CONFIRMED Pass ▶ jump to 193:12
  57. 2. Request confirmation of the County Executive’s appointment of Alex Jeffers to the Conservation Easement Program Oversight Committee AB2024-225 CONFIRMED Pass ▶ jump to 193:55
  58. 3. Request confirmation of the County Executive’s appointment of Roger Hawley to the Agricultural Advisory Committee AB2024-227 CONFIRMED Pass ▶ jump to 198:03
  59. 52 Motion approved 7-0 to appoint Ryckman to the EMS Paramedic position for the term ending Jan 31, 2027.
  60. 4. Request confirmation of the County Executive’s appointment of Andrew Shelton to the Marine Resources Committee AB2024-246 CONFIRMED Pass ▶ jump to 199:45
  61. 53 Motion approved 6-0, with Stremler out of the room, to appoint Gleason and Thompson to the positions of criminal legal system users, including those formerly incarcerated.
  62. 5. Request confirmation of the County Executive’s and Mayor of Bellingham’s appointments to the Whatcom Racial Equity Commission; confirmation at a future City of Bellingham Council Meeting will occur after County Council confirmation AB2024-250 CONFIRMED Pass ▶ jump to 200:33
  63. 54 Motion approved 6-0, with Stremler out of the room, to appoint Gleason to the term ending in 2027 and Thompson to the term ending in 2026.
  64. 55 ITEMS ADDED BY REVISION ▶ jump to 203:00
  65. 56 INTRODUCTION ITEMS ▶ jump to 203:04
  66. 56 Appointed 7-0 to the Forestry representative position.
  67. 1. Ordinance establishing the project budget for the Austin Court Stormwater Improvements Fund, request no. 1 AB2024-217 INTRODUCED Pass ▶ jump to 203:04
  68. 2. Ordinance amending WCC 2.106 to change reporting due date for the Child & Family Well-Being Task Force AB2024-220 INTRODUCED Pass ▶ jump to 203:04
  69. 3. Ordinance closing the Birch Bay Drive and Pedestrian Facility Fund and Project Based Budget AB2024-229 INTRODUCED Pass ▶ jump to 203:04
  70. 4. Ordinance amending the project budget for the new Public Health, Safety and Justice Facility, request no. 6 AB2024-235 INTRODUCED Pass ▶ jump to 203:04
  71. 5. Ordinance amending the project budget for the Way Station Project Fund, request no. 3 AB2024-237 INTRODUCED Pass ▶ jump to 203:04
  72. 6. Ordinance amending the 2024 Whatcom County Budget, request No. 6 in the amount of $8,600,501 AB2024-239 INTRODUCED Pass ▶ jump to 203:04
  73. 7. Ordinance amending Whatcom County Code 12.24, Franchise Requirements, to update procedures for processing applications AB2024-157 INTRODUCED FOR PUBLIC HEARING Pass ▶ jump to 203:04
  74. 8. Ordinance Amending WCC 10.34 Ferry Rates AB2024-238 SUBSTITUTE INTRODUCED FOR PUBLIC HEARING Pass ▶ jump to 203:04
  75. 9. Appointment to a vacancy on the Board of Equalization, at-large alternate - Applicant(s): John Young, Micah Anderson, Bruce Thames AB2024-256 INTRODUCED Pass ▶ jump to 203:04
  76. 66 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ▶ jump to 203:57
  77. 67 ADJOURN ▶ jump to 233:41
  78. 77 Motion approved 7-0 that the Council does the appointment process for the Justice Project Oversight and Planning (JPOP) Committee.