Whatcom County Council 2021 searchable meeting minutes / Noisy Waters Northwest

January 26, 2023 Dena Jensen

Two years worth of Whatcom County Council searchable meeting minutes (2021 and 2022) are now available here on Noisy Waters Northwest. This post continues to build on a project of assembling local government meeting minutes into year-long batches that can be searched for material like terms or actions of the members of the body that is meeting.


This election year there are lots of Whatcom County and municipal positions to be filled. So it seems like a good time to make the resources we have to observe existing government officials’ positions and actions more easily accessible and effectively useful, when possible.

In this post you’ll find the content of all of the Whatcom County Council’s regular meeting minutes for the year 2021 in one place.This allows folks to search on things like key words, topics, dates, public hearings, and people’s names. For each meeting date, a link is also provided near the top of that edition of minutes to access the agenda and media associated with that particular meeting. 

Here is a link to a blog post that provides searchable Whatcom County Council meeting minutes for 2022: https://noisywatersnw.com/2023/01/22/whatcom-county-council-2022-searchable-meeting-minutes-noisy-waters-northwest/

Here is a link to a blog post that provides searchable Bellingham City Council meeting minutes for 2022: https://noisywatersnw.com/2023/01/15/bellingham-city-council-searchable-2022-meeting-minutes-noisy-waters-northwest

Here is a link to a blog post from last year that provides searchable Bellingham City Council meeting summaries (not as detailed as minutes) for 2021: https://noisywatersnw.com/2022/02/05/searchable-meeting-summaries-of-bellingham-city-council-meetings-january-2021-through-december-2021-noisy-waters-northwest/

Holding down both the Control and F keys on a Windows computer keyboard at the same time, or holding down both the Command and F keys on an Apple computer keyboard at the same time, should give people a search field to enter words and phrases to look for. 

The meeting minutes of regular Council meetings also reflect topics of discussion for committee meetings throughout the day before the regular meeting, so people can seek out video from those committee meetings, as well, to view more extensive Council Member discussion and staff presentations. Here is the link to the Whatcom County Council Meeting Information webpage, where you can find more information related to County Council and committee meetings: https://whatcom.legistar.com/Calendar.aspx

Whatcom County Council searchable 2022 meeting minutes 

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Meeting Agenda

VIRTUAL MEETING – VIEW ONLINE

Tuesday, January 12, 2021 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=813349&GUID=C51F7F34-EEED-404E-B546-4BC5B191AA90&Options=info|&Search= ]

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council

Meeting Agenda

January 12, 2021

 COUNTY COUNCIL CALL TO ORDER

ROLL CALL

FLAG SALUTE ANNOUNCEMENTS

The Council is currently holding all meetings remotely. View meeting schedules, agendas, minutes, videos, and archives at http://www.whatcom.legistar.com. For instructions on how to watch or participate in this meeting, please visit us at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010.

The County is accepting applications from county residents to fill vacancies on several boards, commissions, and committees spanning a wide range of important local issues. For more information, visit the Boards and Commissions vacancy webpage on the County website at http://www.co.whatcom.wa.us, or call the County Council office or County Executive’s Office.

COUNTY EXECUTIVE’S REPORT MINUTES CONSENT

      1. MIN2020-118

2. MIN2020-119

3. MIN2020-120

4. MIN2020-121

5. MIN2020-122

6. MIN2021-001

Committee of the Whole for November 24, 2020

Regular County Council for November 24, 2020

Health Board for December 1, 2020

Committee of the Whole for December 8, 2020

Regular County Council for December 8, 2020

Special Council – Governor’s Point for December 17, 2020

      PUBLIC HEARINGS

To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time limits and inform speakers when they have thirty seconds left to conclude their comments.

1. AB2020-553 Ordinance granting City of Lynden a non-exclusive franchise for an industrial condensate pipeline

   Whatcom County

Page 2 Printed on 1/11/2021

Council Meeting Agenda January 12, 2021

 OPEN SESSION (20 MINUTES)

To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time limits and inform speakers when they have thirty seconds left to conclude their comments.

CONSENT AGENDA

Items under this section of the agenda may be considered in a single motion. Councilmembers have received and studied background material on all items. Committee review has taken place on these items, as indicated. Any member of the public, administrative staff, or council may ask that an item be considered separately.

(From Council Finance and Administrative Services Committee)

  1. AB2020-591

2. AB2020-592

3. AB2020-593

4. AB2020-595

5. AB2020-596

6. AB2020-597

7. AB2020-600

Request authorization for the County Executive to enter into a contract between Whatcom County and Chuckanut Health Foundation to provide funding for the Health Department’s mobile syringe services program, in the amount of $20,000

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Compass Health to provide behavioral health services for adult inmates and juveniles involved in the court system in the amount of $572,717 for a total amended contract amount of $2,439,780

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 $271,615 for a total amended contract amount of $1,865,647

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lydia Place to provide housing case management services in the amount of $159,267 for a total amended contract amount of $897,067

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Catholic Community Services to provide housing case management services in the amount of $157,567 for a total amended contract amount of $1,207,157

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Youth Services to provide housing case management services in the amount of $134,371 for a total amended contract amount of $958,340

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Birch Bay Chamber of Commerce for the purposes of tourism marketing and operations, in the amount of $100,000

        Whatcom County

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Council

8. AB2020-601

9. AB2021-001

10. AB2021-002

11. AB2021-003

12. AB2021-004

13. AB2021-006

14. AB2021-009

15. AB2021-010

16. AB2021-011

Meeting Agenda January 12, 2021

Request authorization for the County Executive to enter into a contract between Whatcom County and Mount Baker Foothills Chamber of Commerce for tourism marketing and operations, in the amount of $100,000

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Youth Services to provide reimbursement for COVID-19 related operations and prevention expenditures in the amount of $58,025 for a total amended contract amount of $111,816

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lara Welker Consulting to provide coordination and facilitation to the COVID-19 Community Healthcare Coalition in the amount of $25,000 for a total amended contract amount of $50,000

Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Military Department to sustain and enhance Sheriff’s Office Division of Emegency Management programs, in the amount of $74,150

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Sun Community Services for operation and maintenance of Sun House, in the amount of $340,395 for a total amended contract amount of $911,665

Request authorization for the County Executive to enter into a building lease agreement between Whatcom County and Washington State Department of Natural Resources (DNR will pay $991.50 in rent and an additional $240 for janitorial services provided by the county), for a total amount of $1,231.50 paid by DNR per month

Request authorization for the County Executive to enter into an agreement with the University of Washington for access and installation of seismic monitoring equipment at South Fork Park

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and Whatcom County Fire District 7 to provide COVID-19 testing in an estimated amount of $188,858 for a total estimated amended contract amount of $314,763

Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Military Department to obtain two All Hazard Alert Broadcast (AHAB) sirens, in the amount of $0

           Whatcom County

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Council

17. AB2021-014

18. AB2021-015

19. AB2021-016

20. AB2021-017

21. AB2021-020

22. AB2021-021

23. AB2021-022

24. AB2021-023

25. AB2021-024

Meeting Agenda January 12, 2021

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Pacific Security to provide security services at the COVID-19 Temporary Housing Facility in the amount of $43,547 for a total amended contract amount of $199,547

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Service Master Cleaning to provide cleaning services at the COVID-19 Temporary Housing Facility in the amount of $16,667 for a total amended contract amount of $166,667

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lighthouse Mission Ministries to provide oversight and assistance at the COVID-19 Temporary Housing Facility in the amount of $25,771 for a total amended contract amount of $373,214

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and SeaMar Community Health Centers to provide oversight and assistance at the COVID-19 Temporary Housing Facility in the amount of $23,865 for a total amended contract amount of $262,516

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Workforce Council to provide reimbursement of wages and benefits for eligible temporary employees working in various COVID-related positions, in the estimated amount of $14,000 for a total estimated contract amount of $126,000

Request authorization for the County Executive to enter into a contract between Whatcom County and Domestic Violence & Sexual Assault Services to support the Bellingham Whatcom County Commission Against Domestic Violence, in the amount of $120,000

Request authorization for the County Executive to enter into a contract between Whatcom County and Bellingham Food Bank for the procurement, warehousing and distribution of food and other essentials to low and very low income families in the amount of $276,000

Request authorization for the County Executive to enter into a contract between Whatcom County and the Northwest Regional Council in support of the Meals on Wheels program for two years in the amount of $120,000

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Brent Eyre, ASA for the purposes of legal counsel and consultation for property assessment appeals in the amount of $20,000 not to exceed a total of $55,000

           Whatcom County

Page 5 Printed on 1/11/2021

Council

26. AB2021-025

Meeting Agenda January 12, 2021

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Mark J. Maxwell to continue with the provision of legal representation for an additional amount of $20,000 in a total amount not to exceed $45,000

  OTHER ITEMS

(From Council Finance and Administrative Services Committee)

 1. AB2020-598

2. AB2020-599

3. AB2021-008

Resolution reflecting the diversity of the County’s population by improving written accessibility

Request authorization for the County Executive to enter into a contract between Whatcom County and Bellingham Whatcom County Tourism for tourism marketing and operations in the amount of $290,000

Resolution requesting authorization to make an application and enter into a grant agreement with the Washington State Recreation and Conservation Office for development of Lake Whatcom Park trails

   (From Council Criminal Justice and Public Safety Committee)

4. AB2021-013 Resolution adopting Whatcom County policy on indigent defense per RCW

10.101.030 and WCC 2.09

(No Committee Assignment)

5. AB2021-026 Appointment of four members to serve on the 2021 Whatcom County Districting Committee (two from each major political party: Whatcom County Republican Party

nominees are Charlie Crabtree and Jeremiah Ramsey; Whatcom County Democratic Party nominees are Michael Estes and Stephen Jackson)

6. AB2021-027 Approval of Water Work Session and Health Board meeting dates for 2021 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

    1. AB2021-030

2. AB2021-031

3. AB2021-032

Council appointment to fill vacancy on the Board of Equalization – Applicant(s): Sonja Merk and Peter Visser

Council appointment to fill vacancies on the Business & Commerce Advisory Committee – Applicant(s): Brad Rader, Troy Muljat, Clark Campbell, Gail Buce, T. Todd Egland, Candice Leonard

Council appointment to fill vacancies on the Climate Impact Advisory Committee – Applicant(s): Ellen Murphy, Katherine Kissinger, Licia Sahagun, Tracy Petroske, William Bethel, Eddy Ury, Imran Sheikh, Amanda Monthei, Fletcher Wilkinson, Ginny Broadhurst

    Whatcom County

Page 6 Printed on 1/11/2021

Council

4. AB2021-033

5. AB2021-034

6. AB2021-036

7. AB2021-037

8. AB2021-040

9. AB2021-043

10. AB2021-044

11. AB2021-045

12. AB2021-046

Meeting Agenda January 12, 2021

Council appointment to fill vacancies on the Flood Control Zone District Advisory Committee – Applicant(s): Jesse Clawson and Ron Bronsema (Council Acting as the Flood Control Zone District Board of Supervisors)

Council appointment to fill vacancies on the Horticulture Pest and Disease Board – Applicant(s): Troy Kortus and John Grubb

Council appointment to fill vacancies on the Lummi Island Ferry Advisory Committee – Applicant(s): Jim Dickinson, Steven Lurenz, and Mike McKenzie

Council appointment to fill vacancies on the Planning Commission – Applicant(s): Kimberley Lund, Atul Deshmane, Stephen Jackson, and Candice Leonard

Council appointment to fill vacancies on the Portage Bay Shellfish Protection District Advisory Committee – Applicant(s): Albert de Boer, Fred Likkel, and Christine Woodward

Council appointment to fill vacancies on the Solid Waste Advisory Committee – Applicant(s): Kevin Moore

Council appointment to fill vacancy on the Sumas/Everson/Nooksack Flood Subzone Advisory Committee – Applicant(s): Aaron Kurashige (Council Acting as the Flood Control Zone District Board of Supervisors)

Council appointment to fill vacancy on the Birch Bay Watershed and Aquatic Resource Management District (BBWARM) Advisory Committee – Applicant(s): Robert Shanabarger (Council Acting as the Flood Control Zone District Board of Supervisors)

Council appointment to fill vacancy on the Acme/VanZandt Flood Subzone Advisory Committee – Applicant(s): Candice Leonard (Council Acting as the Flood Control Zone District Board of Supervisors)

          ITEMS ADDED BY REVISION

INTRODUCTION ITEMS

Council action will not be taken. The council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time.

1. AB2021-018 Ordinance amending the 2021 Whatcom County Budget, request no. 2, in the amount of $5,839,516

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ADJOURN

      Whatcom County Page 7 Printed on 1/11/2021

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  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Meeting Agenda

VIRTUAL MEETING – VIEW ONLINE; AGENDA REVISED 1.26.2021

Tuesday, January 26, 2021 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=813381&GUID=0437DF37-4597-4756-92A6-5AE4E228EAAC&Options=info|&Search= ]

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council

Meeting Agenda

January 26, 2021

 COUNTY COUNCIL CALL TO ORDER

ROLL CALL

FLAG SALUTE ANNOUNCEMENTS

The Council is currently holding all meetings remotely. View meeting schedules, agendas, minutes, videos, and archives at http://www.whatcom.legistar.com. For instructions on how to watch or participate in this meeting, please visit us at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010.

The County is accepting applications from county residents to fill vacancies on several boards, commissions, and committees spanning a wide range of important local issues. For more information, visit the Boards and Commissions vacancy webpage on the County website at http://www.co.whatcom.wa.us, or call the County Council office or County Executive’s Office.

COUNTY EXECUTIVE’S REPORT MINUTES CONSENT

      1. MIN2021-002

2. MIN2021-003

3. MIN2021-004

Committee of the Whole – Executive Session for January 12, 2021 Committee of the Whole for January 12, 2021

Special Council for January 12, 2021

   OPEN SESSION (20 MINUTES)

To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time limits and inform speakers when they have thirty seconds left to conclude their comments.

CONSENT AGENDA

Items under this section of the agenda may be considered in a single motion. Councilmembers have received and studied background material on all items. Committee review has taken place on these items, as indicated. Any member of the public, administrative staff, or council may ask that an item be considered separately.

(From Council Finance and Administrative Services Committee)

1. AB2021-035 Request authorization for the County Executive to enter into a contract between Whatcom County and Whatcom Land Trust to monitor and enforce easements

purchased through the Purchase of Development Rights Program

    Whatcom County Page 2 Printed on 1/26/2021

Council

2. AB2021-038

3. AB2021-039

4. AB2021-047

5. AB2021-048

6. AB2021-055

7. AB2021-060

8. AB2021-061

9. AB2021-062

Meeting Agenda January 26, 2021

Request authorization to sign agreement with Washington State Recreation and Conservation Office in order to secure matching funds for the acquisition of an agricultural conservation easement on the Bishop-Jones property through the Purchase of Development Rights Program

Request authorization to sign agreement with Washington State Recreation and Conservation Office in order to secure matching funds for the acquisition of an agricultural conservation easement on the Rethlefsen property through the Purchase of Development Rights Program

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Everson for Jail Work Crew Services in the amount of $1,700.00

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Skagit County for Mini-Chain Services in the amount of $177,725.00

Request authorization for the County Executive to enter into a contract between Whatcom County and Spiralfx Interactive LLC for Electronic Medical Records in the amount of $19,200.00

Request authorization for the County Executive to enter into a contract between Whatcom County and Wilson Engineering LLC to provide on-call professional land surveying services for 2021 in the amount not to exceed $100,000

Request authorization for the County Executive to enter into an interlocal amendment between Whatcom County and Bellingham Fire Department to add the budget for 2021 and 2022 to support two Community Paramedics for an additional $709,610 and not to exceed a total of $1,030,665

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Eltec Systems LLC for Elevator Inspections, Maintenance and Repairs

         OTHER ITEMS

(From Council Natural Resources Committee)

1. AB2021-029 Resolution affirming the PDR Oversight Committee ranking and authorizing Whatcom County Purchase and Development Rights Program Administrator and Whatcom

County Executive to proceed with the acquisition of conservation easements on the Lakeland Foundation, Jones-Bishop, Martin, VanderWerff, Kiera-Duffy Forestry, and Kiera-Duffy Ecological applications

(From Council Finance and Administrative Services Committee)

   Whatcom County Page 3 Printed on 1/26/2021

Council

2. AB2020-587

3. AB2021-018

4. AB2021-041

5. AB2021-050

6. AB2021-054

7. AB2021-063

Meeting Agenda January 26, 2021

Request authorization for the County Executive to enter into a three-year agreement, using the National Association of State Procurement Officials ValuePoint Master Agreement #AR2474 and State of Washington Participating Addendum #05116, between Whatcom County and CenturyLink Communications, LLC for telecommunications trunk line services, in the amount of $106,127.17

Ordinance amending the 2021 Whatcom County Budget, request no. 2, in the amount of $5,839,516

Request authorization for the County Executive to enter into a grant agreement between Whatcom County and the Washington State Department of Commerce for an additional attorney to assist in handling deferred cases as a result of the coronavirus, in the amount of $238,417.00

Resolution accepting the Treasurer’s list of petitions for property tax refunds, consistent with RCW 84.69.020

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Service Master Cleaning to provide cleaning services at the COVID-19 Temporary Housing Facility in the amount of $168,333 for a total amended contract amount of $335,000

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Whatcom Conservation District for the Enhanced Whatcom Water Alliance Program, in the amount of $50,000 (County acting as the Whatcom County Flood Control Zone District Board of Supervisors)

       (No Committee Assignment)

8. AB2021-028 Reorganization of the Whatcom County Council for 2021

– Appoint one member to Intergovernmental Tribal Relations Committee

– Confirm Council decision to not appoint optional Alternate WSAC Board Member

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 1. AB2021-056 Council appointment to fill vacancy on the Surface Mining Advisory Committee –

Applicant(s): Candice Leonard

    Whatcom County Page 4 Printed on 1/26/2021

Council

2. AB2021-068

Meeting Agenda January 26, 2021

Council appointment to fill vacancies on the Child and Family Well-Being Task Force – Applicant(s): Debbie Ahl, Jenifer Barcott, Chris Cochran, Clara Cunningham, Jen Curlett, Ray Deck III, Jamie Desmul, Tilda Doughty, Mike Ford, Urvasi Graham, Anne Granberg, Jodi Greene, Alicia Hanning, Melissa Isenhart, Julee Johnson, Mara Kelley, Sarah Kidd, Monika Mahal, Tamara Mattson, Jean McMahon, Brian

Nelson, Katherine Orlowski, Pauline Owen, Elizabeth Page, Rosalva Santos-Guzman, Abby Smith, Erin Smith, Alisha Spencer, Liz Stuart, Tess Tessler, Ann M. Welch

Council appointment to fill vacancies on the Lynden/Everson Flood Control Subzone Advisory Committee – Applicant(s): Ron Bronsema (Council Acting as the Flood Control Zone District Board of Supervisors)

  3. AB2021-069

 EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND

COMMITTEES

Per Whatcom County Code 2.03.070(B), the council must confirm or reject executive appointments within 30 days of submission to the council. County code deems the appointee confirmed if council does not take action within this time.

1. AB2021-065 Request confirmation of the County Executive’s reappointments and new appointments to Executive boards, committees and commissions; appointments to

take effect on February 1, 2021

ITEMS ADDED BY REVISION

1. AB2021-086 Discussion regarding possible modifications to the remaining tiny homes currently on

order from 360Modular

ITEM ADDED 1.26.2021

INTRODUCTION ITEMS

Council action will not be taken. The council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time.

      1. AB2021-051

2. AB2021-058

3. AB2021-074

4. AB2021-075

Ordinance adopting Countywide Planning Policies relating to the Review and Evaluation Program (also known as Buildable Lands) and dispute resolution procedures

Ordinance adopting the temporary installation of stop signs on Deer Trail

Ordinance adopting amendments to Whatcom County Code 2.66 County-Owned Vehicles

Ordinance authorizing the closure of a portion of 4th Street in Custer, Washington, related to COVID-19 economic relief

    COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

  Whatcom County Page 5 Printed on 1/26/2021

Council Meeting Agenda January 26, 2021 ADJOURN

   Whatcom County Page 6 Printed on 1/26/2021

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  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Meeting Agenda

VIRTUAL MEETING – VIEW ONLINE; AGENDA REVISED 2.8.2021 (TO

PARTICIPATE, SEE INSTRUCTIONS AT

http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010)

Tuesday, February 9, 2021 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=813464&GUID=99895077-5907-4144-BF19-9071F2A172E5&Options=info|&Search= ]

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council

Meeting Agenda

February 9, 2021

 COUNTY COUNCIL CALL TO ORDER

ROLL CALL

FLAG SALUTE ANNOUNCEMENTS

The Council is currently holding all meetings remotely. View meeting schedules, agendas, minutes, videos, and archives at http://www.whatcom.legistar.com. For instructions on how to watch or participate in this meeting, please visit us at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010.

The County is accepting applications from county residents to fill vacancies on several boards, commissions, and committees spanning a wide range of important local issues. For more information, visit the Boards and Commissions vacancy webpage on the County website at http://www.co.whatcom.wa.us, or call the County Council office or County Executive’s Office.

COUNTY EXECUTIVE’S REPORT MINUTES CONSENT

      1. MIN2021-005

2. MIN2021-006

3. MIN2021-007

4. MIN2021-008

5. MIN2021-009

Regular County Council for January 12, 2021

Water Work Session for January 19, 2021

Committee of the Whole Executive Session for January 26, 2021 Committee of the Whole for January 26, 2021

Regular County Council for January 26, 2021

     PUBLIC HEARINGS

To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time limits and inform speakers when they have thirty seconds left to conclude their comments.

 1. AB2021-051

2. AB2021-058

3. AB2021-075

Ordinance adopting Countywide Planning Policies relating to the Review and Evaluation Program (also known as Buildable Lands) and dispute resolution procedures

Ordinance adopting the temporary installation of stop signs on Deer Trail

Ordinance authorizing the closure of a portion of 4th Street in Custer, Washington, related to COVID-19 economic relief

    Whatcom County

Page 2 Printed on 2/8/2021

Council Meeting Agenda February 9, 2021

 OPEN SESSION (20 MINUTES)

To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time limits and inform speakers when they have thirty seconds left to conclude their comments.

CONSENT AGENDA

Items under this section of the agenda may be considered in a single motion. Councilmembers have received and studied background material on all items. Committee review has taken place on these items, as indicated. Any member of the public, administrative staff, or council may ask that an item be considered separately.

(From Council Finance and Administrative Services Committee)

  1. AB2021-066

2. AB2021-076

3. AB2021-077

4. AB2021-078

5. AB2021-081

6. AB2021-085

7. AB2021-090

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and US Imaging, Inc. to extend the original contract from 12/31/2020 to 12/31/2021 (original contract amount was $128,000 previously approved by Council)

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Status Electrical Corporation for the purpose of Security Electronics and DVMS System Support & Maintenance Agreement

Request authorization for the County Executive to enter into a contract between Whatcom County and Whatcom Conservation District to provide a Community Wildfire Risk Reduction Program in the amount of $50,000

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Oak Harbor for Mini-Chain Services in the amount of $2,138

Request authorization for the County Executive to enter into a 2-year interlocal agreement between Whatcom County and the City of Bellingham for Work Crew Services in the amount of $89,000.00 per year

Request authorization for the County Executive to enter into a two year interlocal agreement between Whatcom County and South Whatcom Fire Authority for Work Crew Services in the amount of $1,700.00 per year

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Seattle, in the amount of $3,000 for a geodetic grade GPS antenna

        Whatcom County

Page 3 Printed on 2/8/2021

Council

8. AB2021-099

9. AB2021-100

Meeting Agenda February 9, 2021

Request authorization for the County Executive to renew a Collective Bargaining Agreement between Whatcom County and General Teamsters’ Local Union 231 Corrections Deputies and Sergeants for the period January 1, 2021 through December 31, 2021

Request authorization for the County Executive to enter into a Collective Bargaining Agreement between Whatcom County and the Washington State Nurses Association for the period January 1, 2021 through December 31, 2022

   OTHER ITEMS

(From Council Finance and Administrative Services Committee)

 1. AB2021-049

2. AB2021-052

3. AB2021-053

4. AB2021-067

5. AB2021-074

6. AB2021-079

7. AB2021-080

8. AB2021-087

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Henry Hollander to provide facilities management and support services at the COVID Temporary Housing Facility in the amount of

$20,000 for a total amended contract amount of $60,000

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lighthouse Mission Ministries to provide oversight and assistance at the COVID-19 Temporary Housing Facility in the amount of $103,088 for a total amended contract amount of $476,302

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Pacific Security to provide security services at the COVID-19 Temporary Housing Facility in the amount of $79,425 for a total amended contract amount of $278,972

Resolution cancelling uncollectible personal property taxes

Ordinance adopting amendments to Whatcom County Code 2.66 County-Owned Vehicles

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and SeaMar Community Health Centers to provide oversight and assistance at the COVID-19 Temporary Housing Facility in the amount of $95,460 for a total amended contract amount of $357,976

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the United States Department of the Treasury for rental and utility assistance and other housing expenses, in the amount of $6,911,585

Request authorization for the County Executive to enter into a contract between Whatcom County and Brown & Caldwell to conduct Phase 2 of the Lake Whatcom Total Maximum Daily Load (TMDL) Reassessment in the amount of $303,935

         Whatcom County

Page 4 Printed on 2/8/2021

Council

9. AB2021-091

10. AB2021-094

11. AB2021-095

Meeting Agenda February 9, 2021

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Washington State Department of Transportation in the amount of $2,047,063 for a total amended contract amount of $2,197,063

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Crossroads Consulting to provide consulting and facilitation services for the COVID Employer Support Task Force, for a total amended contract amount of $130,000

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Elizabeth Boyle Consulting to provide strategic coordination of the COVID Safer Stronger Together Campaign, in the amount of $25,000 for a total amended contract amount of $45,000

    COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

 1. AB2021-031

2. AB2021-040

3. AB2021-043

4. AB2021-084

Council appointment to fill vacancies on the Business & Commerce Advisory Committee – Applicant(s): Brad Rader

Council appointment to fill vacancies on the Portage Bay Shellfish Protection District Advisory Committee – Applicant(s): Dorie Belisle

Council appointment to fill vacancies on the Solid Waste Advisory Committee – Applicant(s): Brandi Hutton

Council appointment to fill vacancies on the Noxious Weed Control Board – Applicant(s): Dale Yoder and Alexander Vondrell

    ITEMS ADDED BY REVISION

 1. AB2021-112

2. AB2021-106

3. AB2021-117

Discussion and request for Council motion to assist Facilities Management in selection of in-house or contracted custodial services for outlier buildings

ITEM ADDED 2.8.2021

Request confirmation of County Executive’s appointment of Katherine Smith and Grant Heitman to the Point Roberts Community Advisory Committee

ITEM ADDED 2.8.2021

Letter sent by Council with time constraints (noted as “other business” with no action necessary): Letter to Governor Inslee requesting information on COVID-19 vaccine rollout

ITEM ADDED 2.8.2021

   INTRODUCTION ITEMS

Council action will not be taken. The council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time.

  Whatcom County Page 5 Printed on 2/8/2021

Council 1.

2.

AB2021-092 AB2021-096

Meeting Agenda February 9, 2021

Ordinance amending the 2021 Whatcom County Budget, request no. 3, in the amount of $7,854,280

Ordinance adopting amendments to Whatcom County Code Title 15 (Buildings & Construction) to adopt by reference the 2018 Editions of the International Building and other associated codes

   COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ADJOURN

   Whatcom County Page 6 Printed on 2/8/2021

***************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Meeting Agenda

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010)

Tuesday, February 23, 2021 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=813476&GUID=CE257920-55C0-4223-B908-136702A69057&Options=info|&Search= ]

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council

Meeting Agenda

February 23, 2021

 COUNTY COUNCIL CALL TO ORDER

ROLL CALL

FLAG SALUTE ANNOUNCEMENTS

If you will be handing out paperwork to councilmembers, please give one copy to the clerk for our office files. Thank you.

COUNTY EXECUTIVE’S REPORT MINUTES CONSENT

      1. MIN2021-010

2. MIN2021-011

3. MIN2021-012

4. MIN2021-013

Health Board for February 2, 2021

Committee of the Whole Executive Session for February 9, 2021 Committee of the Whole for February 9, 2021

Regular County Council for February 9, 2021

    PUBLIC HEARINGS

To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time limits and inform speakers when they have thirty seconds left to conclude their comments.

 1. AB2021-096

2. AB2021-109

Ordinance adopting amendments to Whatcom County Code Title 15 (Buildings & Construction) to adopt by reference the 2018 Editions of the International Building and other associated codes

Public hearing to review final project performance on CDBG grant for public services and emergency response related to COVID19 impacts in Whatcom County

  OPEN SESSION (20 MINUTES)

To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time limits and inform speakers when they have thirty seconds left to conclude their comments.

  Whatcom County Page 2 Printed on 2/17/2021

Council Meeting Agenda February 23, 2021

 CONSENT AGENDA

Items under this section of the agenda may be considered in a single motion. Councilmembers have received and studied background material on all items. Committee review has taken place on these items, as indicated. Any member of the public, administrative staff, or council may ask that an item be considered separately.

(From Council Finance and Administrative Services Committee)

 1. AB2021-107

2. AB2021-108

3. AB2021-118

4. AB2021-119

5. AB2021-120

6. AB2021-122

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Marysville for Mini Chain Services in the amount of $42,872.00

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Washington Fairgrounds and Event Center to provide a COVID-19 testing site in the amount of $6,000 for a total amended contract amount of $45,200

Request authorization for the County Executive to enter into a Local Agency Agreement & Project Prospectus between Whatcom County and Washington State Department of Transportation for Hampton Road 2020 Emergency Shoulder Repairs, in the amount of $29,001.00

Request authorization for the County Executive to enter into a Local Agency Agreement & Project Prospectus between Whatcom County and Washington State Department of Transportation for Hannegan Road 2020 Emergency Shoulder Repairs, in the amount of $18,813.00

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to provide funding for emergency shelter in motels in the amount of $100,000 for a total amended contract amount of $896,701

Request authorization for the County Executive to enter into a contract between Whatcom County and Bellingham Food Bank to provide reimbursement of COVID-related expenses, in the amount of $95,000

      OTHER ITEMS

(From Council Finance and Administrative Services Committee)

 1. AB2021-092 2. AB2021-124

Ordinance amending the 2021 Whatcom County Budget, request no. 3, in the amount of $7,854,280

Request authorization for the County Executive to enter into a contract between Whatcom County and Opportunity Council to administer rental and utility assistance to eligible recipients, in the amount of $6,807,911

   Whatcom County

Page 3 Printed on 2/17/2021

Council Meeting Agenda February 23, 2021

 3. AB2021-125 Request authorization for the County Executive to enter into a contract between Whatcom County and DH to implement a COVID-19 social marketing campaign

plan and messaging platform, in the amount of $200,000

(From Committee of the Whole)

4. AB2021-116 Resolution docketing comprehensive plan and development regulation amendments

(No Committee Assignment)

5. AB2021-117 Letter to Department of Health requesting information on COVID-19 vaccine rollout (the only action to be taken on this item is to approve that the letter with “Clerk’s

Note” be added to the Chair’s correspondence file and the agenda bill file)

EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND

COMMITTEES

Per Whatcom County Code 2.03.070(B), the council must confirm or reject executive appointments within 30 days of submission to the council. County code deems the appointee confirmed if council does not take action within this time.

1. AB2021-123 Request confirmation of the County Executive’s appointment of Gina Bring, Raegan Miller, Caroline Applebee and Artemis Langford to the Developmental Disabilities

Advisory Board

ITEMS ADDED BY REVISION

INTRODUCTION ITEMS

Council action will not be taken. The council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time.

1. AB2021-115 Ordinance regarding temporary installation of stop signs on Marshall Hill Road COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

ADJOURN

            Whatcom County Page 4 Printed on 2/17/2021

*******************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Meeting Agenda

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT

http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010); AGENDA

REVISED 3.9.2021

Tuesday, March 9, 2021 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=813759&GUID=ACA156BF-8718-4AE3-BCB6-D2D2D711F376&Options=info|&Search= ]

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council

Meeting Agenda

March 9, 2021

 COUNTY COUNCIL CALL TO ORDER

ROLL CALL

FLAG SALUTE ANNOUNCEMENTS

The Council is currently holding all meetings remotely. View meeting schedules, agendas, minutes, videos, and archives at http://www.whatcom.legistar.com. For instructions on how to watch or participate in this meeting, please visit us at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010.

The County is accepting applications from county residents to fill vacancies on several boards, commissions, and committees spanning a wide range of important local issues. For more information, visit the Boards and Commissions vacancy webpage on the County website at http://www.co.whatcom.wa.us, or call the County Council office or County Executive’s Office.

COUNTY EXECUTIVE’S REPORT MINUTES CONSENT

      1. MIN2021-014

2. MIN2021-018

3. MIN2021-019

4. MIN2021-020

5. MIN2021-021

6. MIN2021-022

Water Work Session for February 16, 2021

Special Council – Joint meeting with the City of Bellingham for January 11, 2021 Special Council for February 16, 2021

Committee of the Whole Executive Session for February 23, 2021

Committee of the Whole for February 23, 2021

Regular County Council for February 23, 2021

      PUBLIC HEARINGS

To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time limits and inform speakers when they have thirty seconds left to conclude their comments.

1. AB2021-115 Ordinance regarding temporary installation of stop signs on Marshall Hill Road OPEN SESSION (20 MINUTES)

To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time limits and inform speakers when they have thirty seconds left to conclude their comments.

Whatcom County Page 2 Printed on 3/9/2021

Council Meeting Agenda March 9, 2021

 OTHER ITEMS

(From Council Finance and Administrative Services Committee)

 1. AB2021-131

2. AB2021-136

3. AB2021-137

4. AB2021-138

5. AB2021-139

6. AB2021-142

Request authorization for the County Executive to enter into a memorandum of understanding between Whatcom County and the Port of Bellingham for use of the Fairhaven All Hazards Alert Broadcast warning siren in the amount of $0.00

Resolution supporting the formation of a Tourism Promotion Area (TPA) by agreement between Whatcom County and the City of Bellingham

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Bellingham for the joint establishment of a Tourism Promotion Area

Request authorization for the County Executive to enter into a contract for laboratory services between Whatcom County Flood Control Zone District and Exact Scientific Services in an amount not to exceed $90,000 (Council Acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Request authorization for the County Executive to enter into Cooperation Agreement between US Army Corps of Engineers and Flood Control Zone District for the Lynden Levee Rehabilitation (NSK-03-18) under an 80/20 cost share with FCZDBS providing $210,600 (Council Acting as the Flood Control Zone District Board of Supervisors)

Request authorization for the County Executive to enter into a Local Agency Agreement & Project Prospectus between Whatcom County and Washington State Department of Transportation for South Pass Road 2020 Flood Damage Repairs, in the amount of $72,000.00

      (From Council Public Works and Health Committee)

7. AB2021-141 Resolution granting a quit claim deed/partial release of easement rights to the City of

Bellingham

EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND

COMMITTEES

Per Whatcom County Code 2.03.070(B), the council must confirm or reject executive appointments within 30 days of submission to the council. County code deems the appointee confirmed if council does not take action within this time.

1. AB2021-140 Request confirmation of the County Executive’s appointments of Ashley Thomasson, Deanna Wildermuth and Dean Fearing to the Housing Advisory Committee

     Whatcom County Page 3 Printed on 3/9/2021

Council

2. AB2021-143

3. AB2021-144

Meeting Agenda March 9, 2021

Request confirmation of the County Executive’s appointment of Alan Friedlob to the North Sound Behavioral Health Administrative Services Organization

Request confirmation of the County Executive’s appointment of Jennifer Lautenbach to the Northwest Senior Services Board

   ITEMS ADDED BY REVISION

1. AB2021-164 Ordinance imposing an additional sales and use tax of one-tenth of one percent for housing and related services as authorized by RCW 82.14.530 adding a new chapter

3.47 to the Whatcom County Code

ITEM ADDED 3.9.2021

INTRODUCTION ITEMS

Council action will not be taken. The council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time.

   1. AB2021-145

2. AB2021-148

3. AB2021-134

4. AB2021-135

5. AB2021-146

6. AB2021-147

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

ADJOURN

Ordinance amending the project budget for Academy Road Stormwater Improvements Fund, request no. 2

Ordinance amending Whatcom County Code 3.08 Purchasing System to include nondiscrimination by county contractors

Ordinance amending Whatcom County Code Section 1.14, Electoral Precincts, for changes in certain voting precinct boundaries in Whatcom County

Ordinance regarding temporary installation of stop signs on Noon Road at Ten Mile Road and East Hemmi Road at Noon Road

Ordinance amending the 2021 Whatcom County Budget, request no. 4, in the amount of $3,397,903

     Ordinance establishing a fare capital surcharge for the Lummi Island Ferry System

    Whatcom County Page 4 Printed on 3/9/2021

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  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Meeting Agenda

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT

http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010); AGENDA

REVISED 3.22.2021 & 3.23.2021

Tuesday, March 23, 2021 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=813768&GUID=B35429E0-0534-4388-A3F2-253DCBC72D4B&Options=info|&Search ]

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council

Meeting Agenda

March 23, 2021

 COUNTY COUNCIL CALL TO ORDER

ROLL CALL

FLAG SALUTE ANNOUNCEMENTS

The Council is currently holding all meetings remotely. View meeting schedules, agendas, minutes, videos, and archives at http://www.whatcom.legistar.com. For instructions on how to watch or participate in this meeting, please visit us at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010.

The County is accepting applications from county residents to fill vacancies on several boards, commissions, and committees spanning a wide range of important local issues. For more information, visit the Boards and Commissions vacancy webpage on the County website at http://www.co.whatcom.wa.us, or call the County Council office or County Executive’s Office.

COUNTY EXECUTIVE’S REPORT MINUTES CONSENT

      1. MIN2021-023

2. MIN2021-024

3. MIN2021-025

4. MIN2021-026

Committee of the Whole Executive Session for March 9, 2021 Committee of the Whole for March 9, 2021

Regular County Council for March 9, 2021

Water Work Session for March 16, 2021

    PUBLIC HEARINGS

To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time limits and inform speakers when they have thirty seconds left to conclude their comments.

 1. AB2021-134

2. AB2021-135

3. AB2021-147

Ordinance amending Whatcom County Code Section 1.14, Electoral Precincts, for changes in certain voting precinct boundaries in Whatcom County

Ordinance regarding temporary installation of stop signs on Noon Road at Ten Mile Road and East Hemmi Road at Noon Road

Ordinance establishing a fare capital surcharge for the Lummi Island Ferry System

    Whatcom County

Page 2 Printed on 3/23/2021

Council Meeting Agenda March 23, 2021

 4. AB2021-164 Ordinance imposing an additional sales and use tax of one-tenth of one percent for housing and related services as authorized by RCW 82.14.530 adding a new chapter

3.47 to the Whatcom County Code

OPEN SESSION (20 MINUTES)

During open session, audience members can speak to the council on any issue not scheduled for public hearing. Each speaker should state his or her name for the record and optionally include city of residence. Speakers will be given three minutes to address the council. Council staff will keep track of time limits and inform speakers when they have thirty seconds left to conclude their comments.

CONSENT AGENDA

Items under this section of the agenda may be considered in a single motion. Councilmembers have received and studied background material on all items. Committee review has taken place on these items, as indicated. Any member of the public, administrative staff, or council may ask that an item be considered separately.

(From Council Finance and Administrative Services Committee)

   1. AB2021-127

2. AB2021-129

3. AB2021-157

4. AB2021-159

5. AB2021-162

6. AB2021-170

7. AB2021-183

OTHER ITEMS

Resolution to set hearing and notice of hearing on sale of county tax title property Resolution to set hearing and notice of hearing on sale of county tax title property

ITEM WITHDRAWN 3.22.2021

Request authorization for the County Executive to enter into an interlocal amendment between Whatcom County and Fire Protection District #7 to extend the agreement through December 31, 2022 in the amount of $296,995

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Patrol to lease tower access at the WSP Sumas Mountain Communications Site for a period of 10 years in the amount of $15,304.28

Request authorization for the County Executive to enter into a lease agreement between Whatcom County and Lookout Mountain Holdings to lease tower access at the Lookout Mountain North Tower Site for four years and seven months for a total amount of $51,332.73

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and SeaMar Community Health Centers to provide funding for an additional GRACE Program Case Manager in the amount of $92,875 for a total amended contract amount of $1,712,583

Request authorization for the County Executive to enter into a lease agreement between Whatcom County and Mt Constitution Sites, Inc to lease tower access at the Mt Constitution site for the period of five years in the amount of $111,000

         Whatcom County

Page 3 Printed on 3/23/2021

Council Meeting Agenda March 23, 2021 (From Council Finance and Administrative Services Committee)

 1. AB2020-110

2. AB2021-145

3. AB2021-146

4. AB2021-155

5. AB2021-172

Request authorization for the County Executive to enter into a contract between Whatcom County and Freedom 2000, LLC dba Cando Recycling and Disposal to lease the Johnson Road Transfer Station Facility in Point Roberts, in the amount of $750 per month

Ordinance amending the project budget for Academy Road Stormwater Improvements Fund, request no. 2

Ordinance amending the 2021 Whatcom County Budget, request no. 4, in the amount of $3,397,903

Request authorization for the County Executive to enter into a Lease Agreement between Whatcom County Flood Control Zone District and Brian Mellema for the annual amount of $3,537.53 (Council Acting as the Flood Control Zone District Board of Supervisors)

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Bellingham for coordinated administration of the GRACE Program, in the amount of $280,000

     6. AB2021-178

(No Committee Assignment)

Resolution to seek funding for the Lummi Island Ferry Modernization and Preservation project, including the BUILD grant program

 7. AB2021-165 Request Council approval of the proposed charter for the SWISS (Snohomish, Whatcom, Island, Skagit, and San Juan Counties) group

8. AB2021-148 Ordinance amending Whatcom County Code 3.08 Purchasing System to include nondiscrimination by county contractors

EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND

COMMITTEES

Per Whatcom County Code 2.03.070(B), the council must confirm or reject executive appointments within 30 days of submission to the council. County code deems the appointee confirmed if council does not take action within this time.

    1. AB2021-167 2. AB2021-175

Request confirmation of the County Executive’s reappointment of Megen Porter and new appointment of Dana Weber to the Developmental Disabilities Advisory Board

Request confirmation of the County Executive’s appointment of Nadine Kaaland to the Public Defense Advisory Committee

   Whatcom County

Page 4 Printed on 3/23/2021

Council

3. AB2021-176

4. AB2021-177

Meeting Agenda March 23, 2021

Request confirmation of the County Executive’s appointment of Kathryn Ketteridge to the Marine Resources Committee

Request confirmation of the County Executive’s appointments of Nichole Oleson and Austin Hengy to the Food System Committee

   ITEMS ADDED BY REVISION

 1. AB2021-190

Ordinance imposing an interim moratorium on the acceptance and processing of applications and permits for new or expanded outdoor recreational cannabis growing and/or processing facilities

ITEM ADDED 3.22.2021

 2. AB2021-209 INTRODUCTION ITEMS

Resolution regarding permanent affordability of childcare in Whatcom County

 ITEM ADDED 3.23.2021

 Council action will not be taken. The council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time.

1. AB2021-173

2. AB2021-171

3. AB2021-184

4. AB2021-128

5. AB2021-130

6. AB2021-168

7. AB2021-169

Ordinance amending the 2021 Whatcom County Budget, request no. 5, in the amount of $1,192,365

Ordinance granting Trans Mountain Pipeline (Puget Sound) LLC, a non-exclusive franchise for pipeline facilities

Ordinance amending Whatcom County Code 9.08.020 Unlawful Exposure to include an exception for breastfeeding

Resolution to sell county tax title property by public auction Resolution to sell county tax title property by public auction

ITEM WITHDRAWN 3.22.2021

Resolution declaring the Whatcom County Flood Control Zone District intention to lease property on Emmerson Road (Council Acting as the Flood Control Zone District Board of Supervisors)

Resolution declaring the Whatcom County Flood Control Zone District intention to lease property on Dahlberg Road (Council Acting as the Flood Control Zone District Board of Supervisors)

       COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ADJOURN

   Whatcom County Page 5 Printed on 3/23/2021

*******************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Meeting Agenda

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT

http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010); AGENDA

REVISED 4.5.2021 and 4.6.2021

Tuesday, April 6, 2021 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=813777&GUID=079EBB6F-8939-441F-86C7-286C440CA50E&Options=info|&Search= ]

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council

Meeting Agenda

April 6, 2021

 COUNTY COUNCIL CALL TO ORDER

ROLL CALL

FLAG SALUTE ANNOUNCEMENTS

The Council is currently holding all meetings remotely. View meeting schedules, agendas, minutes, videos, and archives at http://www.whatcom.legistar.com. For instructions on how to watch or participate in this meeting, please visit us at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010.

The County is accepting applications from county residents to fill vacancies on several boards, commissions, and committees spanning a wide range of important local issues. For more information, visit the Boards and Commissions vacancy webpage on the County website at http://www.co.whatcom.wa.us, or call the County Council office or County Executive’s Office.

COUNTY EXECUTIVE’S REPORT

1. AB2021-212 County Executive Satpal Sidhu will present the “State of the County” to Council and

County citizens

MINUTES CONSENT

       1. MIN2021-027

2. MIN2021-028

3. MIN2021-029

Committee of the Whole Executive Session for March 23, 2021 Committee of the Whole for March 23, 2021

Regular County Council for March 23, 2021

   PUBLIC HEARINGS

To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time limits and inform speakers when they have thirty seconds left to conclude their comments.

 1. AB2021-128

2. AB2021-168

3. AB2021-169

Resolution to sell county tax title property by public auction

Resolution declaring the Whatcom County Flood Control Zone District intention to lease property on Emmerson Road (Council Acting as the Flood Control Zone District Board of Supervisors)

Resolution declaring the Whatcom County Flood Control Zone District intention to lease property on Dahlberg Road (Council Acting as the Flood Control Zone District Board of Supervisors)

    Whatcom County

Page 2 Printed on 4/6/2021

Council

4. AB2021-184

5. AB2021-190

Meeting Agenda April 6, 2021

Ordinance amending Whatcom County Code 9.08.020 Unlawful Exposure to include an exception for breastfeeding

Ordinance imposing an interim moratorium on the acceptance and processing of applications and permits for new or expanded outdoor recreational cannabis growing and/or processing facilities

   OPEN SESSION (20 MINUTES)

To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time limits and inform speakers when they have thirty seconds left to conclude their comments.

CONSENT AGENDA

Items under this section of the agenda may be considered in a single motion. Councilmembers have received and studied background material on all items. Committee review has taken place on these items, as indicated. Any member of the public, administrative staff, or council may ask that an item be considered separately.

(From Council Finance and Administrative Services Committee)

  1. AB2021-189

2. AB2021-194

3. AB2021-203

4. AB2021-211

5. AB2021-214

OTHER ITEMS

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and the North Sound Accountable Communities of Health to supervise Whatcom Unified Command’s (WUC) Volunteer Branch in the amount of $15,000 for a total amended contract amount of $55,000

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Parks and Recreation Commission for FY2021 Recreational Boating Safety Federal Financial Assistance Grant, in the amount of $19,290.64

Request approval for the County Executive to authorize the purchase of vehicle body repair services, using the Washington State Contract #05015, in an annual amount not to exceed $80,000

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lydia Place to provide housing case management services in the amount of $68,692 for a total amended contract amount of $965,759

Request authorization for the County Executive to enter into a lease agreement between Whatcom County and Whatcom County Water District 7 to lease tower access at the Toad Mountain Water Tower Site for four years and seven months for a total amount of $5,715.02

       Whatcom County

Page 3 Printed on 4/6/2021

Council Meeting Agenda April 6, 2021 (From Council Finance and Administrative Services Committee)

 1. AB2021-163

2. AB2021-173

3. AB2021-191

4. AB2021-199

5. AB2021-201

6. AB2021-216

7. AB2021-217

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Washington State University to continue the jointly shared costs for faculty positions and program support for WSU Extension in the amount of $253,034 for a total amended contract amount of $2,491,357.90

Ordinance amending the 2021 Whatcom County Budget, request no. 5, in the amount of $1,220,565

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to provide funding for rental assistance and emergency shelter in motels in the amount of $618,121 for a total amended contract amount of $1,514,822

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and North Whatcom Fire & Rescue for a paramedic training class, in the amount of $236,000

Request authorization for the County Executive to enter into an interagency agreement between Whatcom County and Camano Island Fire and Rescue to participate in the 2021 paramedic training class, in the amount of $41,900

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Bellingham Fire Department to operate the 2021 Paramedic Training Program and to support two eligible BFD firefighter EMTs’ participation in the course, in the amount of $579,153

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Bellingham Technical College for costs associated with the Medical Program Director/Training Physician and sponsoring and accrediting the 2021 Paramedic Training class, in the amount of $42,200

       (From Council Public Works and Health Committee)

8. AB2021-204 Consideration of citizen appeals of road name change due to correction of address

number sequence.

EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND

COMMITTEES

Per Whatcom County Code 2.03.070(B), the council must confirm or reject executive appointments within 30 days of submission to the council. County code deems the appointee confirmed if council does not take action within this time.

1. AB2021-192 Request confirmation of the County Executive’s appointment of Erich Kleinknecht to the Development Standards Technical Advisory Committee

     Whatcom County Page 4 Printed on 4/6/2021

Council Meeting Agenda April 6, 2021 2. AB2021-218 Request confirmation of the County Executive’s reappointment of Stephen Gockley

to the Housing Authority of Whatcom County

ITEMS ADDED BY REVISION

   1. AB2021-209

2. AB2021-230

3. AB2021-234

Resolution regarding permanent affordability of childcare in Whatcom County

ITEM ADDED 4.5.2021 (FROM COMMITTEE OF THE WHOLE)

Ordinance imposing an interim moratorium on the acceptance and processing of permit applications for new or expanded recreational cannabis growing and/or processing facilities which are proposed to operate outdoors or in greenhouses

ITEM ADDED 4.6.2021 (FOR INTRODUCTION)

Resolution to review and enhance opportunities for public participation in Whatcom County

ITEM ADDED 4.6.2021 (FOR COUNCIL ACTION)

   INTRODUCTION ITEMS

Council action will not be taken. The council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time.

 1. AB2021-193

2. AB2021-195

3. AB2021-206

4. AB2021-207

5. AB2021-215

Ordinance establishing a speed limit on Northshore Road

Ordinance establishing a speed limit on several roads in the Wiser Lake Area

Ordinance closing Law Library/Elections Remodel Fund 376

Ordinance closing the East Whatcom Regional Resource Center Construction Fund 334

Ordinance amending the 2021 Whatcom County Budget, request no. 6, in the amount of $583,944

     COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ADJOURN

   Whatcom County Page 5 Printed on 4/6/2021

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  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Meeting Agenda

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT

http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010); AGENDA

REVISED 4.19.2021 & 4.20.2021

Tuesday, April 20, 2021 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=813786&GUID=3CBE4FC3-32ED-4828-B4A9-030F151EC2E2&Options=info|&Search= ]

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council

Meeting Agenda

April 20, 2021

 COUNTY COUNCIL CALL TO ORDER

ROLL CALL

FLAG SALUTE ANNOUNCEMENTS

The Council is currently holding all meetings remotely. View meeting schedules, agendas, minutes, videos, and archives at http://www.whatcom.legistar.com. For instructions on how to watch or participate in this meeting, please visit us at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010.

The County is accepting applications from county residents to fill vacancies on several boards, commissions, and committees spanning a wide range of important local issues. For more information, visit the Boards and Commissions vacancy webpage on the County website at http://www.co.whatcom.wa.us, or call the County Council office or County Executive’s Office.

COUNTY EXECUTIVE’S REPORT MINUTES CONSENT

      1. MIN2021-030

2. MIN2021-031

3. MIN2021-032

4. MIN2021-033

Health Board for March 30, 2021

Committee of the Whole Executive Session for April 6, 2021 Committee of the Whole for April 6, 2021

Regular County Council for April 6, 2021

    PUBLIC HEARINGS

To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time limits and inform speakers when they have thirty seconds left to conclude their comments.

 1. AB2021-171

2. AB2021-193

3. AB2021-195

4. AB2021-230

Ordinance granting Trans Mountain Pipeline (Puget Sound) LLC, a non-exclusive franchise for pipeline facilities

Ordinance establishing a speed limit on Northshore Road

Ordinance establishing a speed limit on several roads in the Wiser Lake Area

Ordinance imposing an interim moratorium on the acceptance and processing of permit applications for new or expanded recreational cannabis growing and/or processing facilities which are proposed to operate outdoors or in greenhouses

     Whatcom County

Page 2 Printed on 4/20/2021

Council Meeting Agenda April 20, 2021

 OPEN SESSION (20 MINUTES)

During open session, audience members may speak to the council on issues not scheduled for public hearing. To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time limits and inform speakers when they have thirty seconds left to conclude their comments.

CONSENT AGENDA

Items under this section of the agenda may be considered in a single motion. Councilmembers have received and studied background material on all items. Committee review has taken place on these items, as indicated. Any member of the public, administrative staff, or council may ask that an item be considered separately.

(From Council Finance and Administrative Services Committee)

  1. AB2021-229

2. AB2021-236

3. AB2021-250

Request authorization for the County Executive to enter into a contract between Whatcom County and Western Washington University to provide planning support for the Whatcom County Natural Hazards Mitigation Plan 2021 update, in the amount of $49,254

Request authorization for the County Executive to award bid #21-09 and enter into a contract between Whatcom County and Granite Construction, Inc. for hot mix asphalt prelevel at various locations in an amount not to exceed $438,649.00

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Fire Protection District No. 11 to establish a gurney use agreement

   OTHER ITEMS

(From Council Finance and Administrative Services Committee)

 1. AB2021-206

2. AB2021-207

3. AB2021-215

4. AB2021-223

Ordinance closing Law Library/Elections Remodel Fund 376

Ordinance closing the East Whatcom Regional Resource Center Construction Fund 334

Ordinance amending the 2021 Whatcom County Budget, request no. 6, in the amount of $583,944

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and the Washington State Department of Health to fund various public health services, in the amount of $2,928,061 for a total amended contract amount of $15,145,319

     Whatcom County

Page 3 Printed on 4/20/2021

Council

5. AB2021-225

6. AB2021-231

7. AB2021-239

8. AB2021-246

9. AB2021-247

Meeting Agenda April 20, 2021

Request authorization for the County Executive to enter into interlocal agreement amendment #1 to Interlocal Funding Agreement with the City of Bellingham for support of US Geological Survey’s Development of the Coastal Storm Modeling System (COSMOS) across the Whatcom County Shoreline

Request authorization for the County Executive to enter into a Local Agency Agreement & Project Prospectus between Whatcom County and Washington State Department of Transportation for Marine Drive (Locust Ave to Alderwood Ave) Reconstruction and Bicycle/Pedestrian Improvement in the amount of $2,509,695

Request approval for the County Executive to enter into an Interagency Agreement with Western Washington University to Support Coordination of Climate Change Planning Efforts funded through a Washington Dept of Commerce grant in the amount of $20,000

Request authorization for the County Executive to enter into a contract between Whatcom County and Chuckanut Health Foundation to create recommendations on the establishment of a countywide Racial Equity Commission in the amount of $90,000

Request authorization for the County Executive to enter into an interlocal agreement with the City of Bellingham to support, develop and fund a process to create recommendations on the establishment of a county-wide Racial Equity Commission in an amount not to exceed $45,000

      (From Committee of the Whole)

10. AB2021-209 Resolution regarding permanent affordability of childcare in Whatcom County

ITEMS ADDED BY REVISION

  1. AB2021-255

2. AB2021-227

Receipt of application for the Business and Commerce Advisory Committee – Higher Education vacancy, applicant(s): Eva Schulte (Application deadline for any other applicants to this vacancy is 10:00 a.m. on April 27, 2021)

ITEM ADDED 4.19.2021 (FOR INTRODUCTION)

Ordinance imposing an interim moratorium on the acceptance and processing of applications and permits for new or expanded facilities in the Cherry Point urban growth area, the primary purpose of which would be the shipment of unrefined fossil fuels not to be processed at Cherry Point

ITEM ADDED 4.20.2021 (FOR INTRODUCTION)

  INTRODUCTION ITEMS

Council action will not be taken. The council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time.

  Whatcom County Page 4 Printed on 4/20/2021

Council

1. AB2021-243

2. AB2021-244

3. AB2021-245

Meeting Agenda April 20, 2021

Ordinance ordering the closure of a portion of Manley Road to motorized vehicular traffic

Resolution adopting the Whatcom County Americans with Disabilities Act (ADA) Transition Plan within the Public Rights-of-Way

Resolution supporting a Community Development Block Grant (CDBG) Public Services Grant application

    COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ADJOURN

   Whatcom County Page 5 Printed on 4/20/2021

************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Meeting Agenda

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT

http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010); AGENDA

REVISED 5.4.2021

Tuesday, May 4, 2021 6 PM

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=814067&GUID=EA2B6E61-F61B-45B7-8118-033FE568BC47&Options=info|&Search= ]

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council

Meeting Agenda

May 4, 2021

 COUNTY COUNCIL CALL TO ORDER

ROLL CALL

FLAG SALUTE ANNOUNCEMENTS

The Council is currently holding all meetings remotely. View meeting schedules, agendas, minutes, videos, and archives at http://www.whatcom.legistar.com. For instructions on how to watch or participate in this meeting, please visit us at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010.

The County is accepting applications from county residents to fill vacancies on several boards, commissions, and committees spanning a wide range of important local issues. For more information, visit the Boards and Commissions vacancy webpage on the County website at http://www.co.whatcom.wa.us, or call the County Council office or County Executive’s Office.

COUNTY EXECUTIVE’S REPORT MINUTES CONSENT

      1. MIN2021-034

2. MIN2021-035

3. MIN2021-037

4. MIN2021-039

5. MIN2021-040

Water Work Session for April 13, 2021

Special Council for April 15, 2021

Committee of the Whole Executive Session for April 20, 2021 Regular County Council for April 20, 2021

Committee of the Whole for April 20, 2021

     PUBLIC HEARINGS

To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time and inform speakers when they have reached their three minute limit.

 1. AB2021-243

2. AB2021-244

3. AB2021-245

Ordinance ordering the closure of a portion of Manley Road to motorized vehicular traffic

Resolution adopting the Whatcom County Americans with Disabilities Act (ADA) Transition Plan within the Public Rights-of-Way

Resolution supporting a Community Development Block Grant (CDBG) Public Services Grant application

    Whatcom County

Page 2 Printed on 5/4/2021

Council Meeting Agenda May 4, 2021

 OPEN SESSION (20 MINUTES)

During open session, audience members may speak to the council on issues not scheduled for public hearing. To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time and inform speakers when they have reached their three minute limit.

CONSENT AGENDA

Items under this section of the agenda may be considered in a single motion. Councilmembers have received and studied background material on all items. Committee review has taken place on these items, as indicated. Any member of the public, administrative staff, or council may ask that an item be considered separately.

(From Council Finance and Administrative Services Committee)

  1. AB2021-253

2. AB2021-254

3. AB2021-262

4. AB2021-272

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and G6 Hospitality to extend the lease through September, 2021 in an amount not to exceed $60,000 per month

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Mount Baker School District to lease tower access at the Kendall Elementary School Tower Site, in the amount of $0.00

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to provide rental assistance for people with co-occuring disorders in the amount of $15,000 for a total amended contract amount of $84,843

Request authorization for the County Executive to renew a Collective Bargaining Agreement between Whatcom County and the Deputy Sheriff’s Guild for the period of January 1, 2022 through December 31, 2022

    OTHER ITEMS

(From Council Finance and Administrative Services Committee)

 1. AB2021-256

2. AB2021-263

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Military Department for FFY20 Operation Stonegarden, in the amount of $405,600.00

Request authorization for the County Executive to enter into Agreement Amendment No. 1 for Funding Support and Implementation of the Duffner Ditch Culvert and Flood Gate Replacement Project (Council acting as the Flood Control Zone District Board of Supervisors)

  (From Council Planning and Development Committee)

 Whatcom County Page 3 Printed on 5/4/2021

Council Meeting Agenda May 4, 2021 3. AB2021-257 Discussion and Council motion to approve the Public Participation Plan for Whatcom

County Comprehensive Plan and Development Regulation Amendments

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 1. AB2021-255 Appointment to the Business and Commerce Advisory Committee – Higher

Education vacancy, applicant(s): Eva Schulte

EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND

COMMITTEES

Per Whatcom County Code 2.03.070(B), the council must confirm or reject executive appointments within 30 days of submission to the council. County code deems the appointee confirmed if council does not take action within this time.

1. AB2021-266 Request confirmation of the County Executive’s appointment of Dave Bren to the Development Standards Technical Advisory Committee

ITEMS ADDED BY REVISION

        1. AB2021-278

2. AB2021-279

3. AB2021-281

Ordinance submitting to the qualified voters of Whatcom County a proposal to amend Whatcom County Charter Sections 5.40 and 5.41 to align signature requirements for citizen initiatives with Washington State norms

ITEM ADDED 5.4.2021

Ordinance submitting to the qualified voters of Whatcom County a proposal to amend Whatcom County Charter Section 8.22 to align requirements for amending the Charter by citizen initiative with Washington State norms

ITEM ADDED 5.4.2021

Resolution concluding the work of the Homeless Strategies Workgroup and transferring responsibilities to the Whatcom County Housing Advisory Committee

ITEM ADDED 5.4.2021

   INTRODUCTION ITEMS

Council action will not be taken. The council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time.

 1. AB2021-264

2. AB2021-185

3. AB2021-186

Ordinance amending the Whatcom County Budget, request no. 7, in the amount of $5,156,985

Ordinance amending Whatcom County Code 9.32, Unlawful Discharge of Firearms, to establish a no shooting zone in the Drayton Harbor Area of Whatcom County

Ordinance amending Whatcom County Code 9.32, Unlawful Discharge of Firearms, to establish a no shooting zone to be known as the Dearborn No Shooting Zone

    Whatcom County

Page 4 Printed on 5/4/2021

Council 4.

5.

AB2021-258 AB2021-261

Meeting Agenda May 4, 2021

Ordinance amending the Six-Year Capital Improvement Program (CIP) for Whatcom County Facilities (2021-2026)

Ordinance granting Cellco Partnership d/b/a Verizon Wireless, a non-exclusive franchise for the provision of wireless telecommunications services

   COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ADJOURN

   Whatcom County Page 5 Printed on 5/4/2021

**********************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Meeting Agenda

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010)

Tuesday, May 18, 2021 6 PM

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=814076&GUID=AA644C78-9640-43DA-8D92-ABB65F12FA70&Options=info|&Search= ]

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council

Meeting Agenda

May 18, 2021

 COUNTY COUNCIL CALL TO ORDER

ROLL CALL

FLAG SALUTE ANNOUNCEMENTS

The Council is currently holding all meetings remotely. View meeting schedules, agendas, minutes, videos, and archives at http://www.whatcom.legistar.com. For instructions on how to watch or participate in this meeting, please visit us at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010.

The County is accepting applications from county residents to fill vacancies on several boards, commissions, and committees spanning a wide range of important local issues. For more information, visit the Boards and Commissions vacancy webpage on the County website at http://www.co.whatcom.wa.us, or call the County Council office or County Executive’s Office.

COUNTY EXECUTIVE’S REPORT MINUTES CONSENT

      1. MIN2021-041

2. MIN2021-042

3. MIN2021-043

Committee of the Whole Executive Session for May 4, 2021 Committee of the Whole for May 4, 2021

Regular County Council for May 4, 2021

   PUBLIC HEARINGS

To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time and inform speakers when they have reached their three minute limit.

 1. AB2021-258

2. AB2021-227

3. AB2021-185

Ordinance amending the Six-Year Capital Improvement Program (CIP) for Whatcom County Facilities (2021-2026)

Ordinance imposing an interim moratorium on the acceptance and processing of applications and permits for new or expanded facilities in the Cherry Point urban growth area, the primary purpose of which would be the shipment of unrefined fossil fuels not to be processed at Cherry Point

Ordinance amending Whatcom County Code 9.32, Unlawful Discharge of Firearms, to establish a no shooting zone in the Drayton Harbor area of Whatcom County

    Whatcom County

Page 2 Printed on 5/12/2021

Council Meeting Agenda May 18, 2021 4. AB2021-186 Ordinance amending Whatcom County Code 9.32, Unlawful Discharge of Firearms,

to establish a no shooting zone to be known as the Dearborn No Shooting Zone

OPEN SESSION (20 MINUTES)

During open session, audience members may speak to the council on issues not scheduled for public hearing. To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time and inform speakers when they have reached their three minute limit.

CONSENT AGENDA

Items under this section of the agenda may be considered in a single motion. Councilmembers have received and studied background material on all items. Committee review has taken place on these items, as indicated. Any member of the public, administrative staff, or council may ask that an item be considered separately.

(From Council Finance and Administrative Services Committee)

    1. AB2021-277

2. AB2021-280

3. AB2021-285

4. AB2021-288

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and State of Washington, Secretary of State, for publication and distribution of a combined local voters’ pamphlet, in the amount of $15,000 (average annual costs vary depending on size of election)

Request authorization for the County Executive to enter into an agreement between Whatcom County and South Fork Community Association for operation of the Van Zandt Community Hall located at Josh VanderYacht Memorial Park, in the amount of $1,000

Request authorization for the County Executive to enter into a contract between Whatcom County and Snohomish County to utilize State Homeland Security Program (SHSP) funding to sustain and enhance Division of Emergency Management programs, in the amount of $82,781

Request approval for the County Executive to award Bid #21-25 Rental Rates for Maintenance and Construction Equipment Without Operator to all bidders with the award for each vendor not to exceed $100,000.00

    OTHER ITEMS

(From Council Finance and Administrative Services Committee)

1. AB2021-264 Ordinance amending the Whatcom County Budget, request no. 7, in the amount of $5,156,985

   Whatcom County

Page 3 Printed on 5/12/2021

Council Meeting Agenda May 18, 2021

 2. AB2021-286 Joint Resolution of the County Council of Whatcom County, Washington, the City Council of the City of Bellingham, Washington, and the Board of the Whatcom

County Transportation Authority regarding the creation of a Whatcom Public Radio System

(From Council Public Works and Health Committee)

3. AB2021-209 Resolution regarding permanent affordability of childcare in Whatcom County

(From Council Planning and Development Committee)

4. AB2021-252 Resolution approving recommendations on eight applications for Open Space Current

Use Assessment

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 1. AB2021-273 Request Council to change Solid Waste Advisory Committee Member Rodd

Pemble’s representation from Business/Industry to Waste Collection Industry

ITEMS ADDED BY REVISION

INTRODUCTION ITEMS

Council action will not be taken. The council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time.

1. AB2021-289 Ordinance amending the 2021 Whatcom County Budget, request No. 8, in the amount of $1,250,000

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ADJOURN

           Whatcom County Page 4 Printed on 5/12/2021

*************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Meeting Agenda

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010)

Tuesday, June 1, 2021 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=814113&GUID=9FADE62A-0081-4755-B7C5-FC89A7EFB9E5&Options=info|&Search= ]

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council

Meeting Agenda

June 1, 2021

 COUNTY COUNCIL CALL TO ORDER

ROLL CALL

FLAG SALUTE ANNOUNCEMENTS

The Council is currently holding all meetings remotely. View meeting schedules, agendas, minutes, videos, and archives at http://www.whatcom.legistar.com. For instructions on how to watch or participate in the Council’s meetings, please visit http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010.

Individuals who require special assistance to participate in the Council’s meetings are asked to contact the Council Office at 360.778-5010 at least 96 hours in advance.

The County is accepting applications from county residents to fill vacancies on several boards, commissions, and committees spanning a wide range of important local issues. For more information, visit the Boards and Commissions vacancy webpage on the County website at http://www.co.whatcom.wa.us, or call the County Council office or County Executive’s Office.

COUNTY EXECUTIVE’S REPORT MINUTES CONSENT

      1. MIN2021-044

2. MIN2021-045

3. MIN2021-046

Committee of the Whole Executive Session for May 18, 2021 Committee of the Whole for May 18, 2021

Regular County Council for May 18, 2021

   PUBLIC HEARINGS

To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time and inform speakers when they have reached their three minute limit.

 1. AB2021-261

2. AB2021-278

3. AB2021-279

Ordinance granting Cellco Partnership d/b/a Verizon Wireless, a non-exclusive franchise for the provision of wireless telecommunications services

Ordinance submitting to the qualified voters of Whatcom County a proposal to amend Whatcom County Charter Sections 5.40 and 5.41 to align signature requirements for citizen initiatives with Washington State norms

Ordinance submitting to the qualified voters of Whatcom County a proposal to amend Whatcom County Charter Section 8.22 to align requirements for amending the Charter by citizen initiative with Washington State norms

    Whatcom County

Page 2 Printed on 6/1/2021

Council Meeting Agenda June 1, 2021

 OPEN SESSION (20 MINUTES)

During open session, audience members may speak to the council on issues not scheduled for public hearing. To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time and inform speakers when they have reached their three minute limit.

OTHER ITEMS

(From Council Finance and Administrative Services Committee)

  1. AB2021-289

2. AB2021-291

3. AB2021-292

4. AB2021-298

5. AB2021-299

6. AB2021-301

7. AB2021-302

Ordinance amending the 2021 Whatcom County Budget, request No. 8, in the amount of $1,250,000

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and City of Bellingham for logistical and administrative support services to Whatcom Unified Command, in the amount of $60,000

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to support a single point of entry, to connect families and professionals concerned about a child’s development to resources and services in the amount of $9,081 for a total amended contract amount of $89,230

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Workforce Council to provide reimbursement of wages and benefits for eligible temporary employees working in various COVID-related positions, in the estimated amount of $94,000 for a total estimated contract amount of $220,000

Request authorization for the County Executive to enter into a contract between Whatcom County and Pacific Security to provide COVID-related security services, in the amount of $71,736

Request authorization for the County Executive to enter into a contract between Whatcom County and Opportunity Council to provide funding for an outreach worker and consulting services to the Homeless Outreach Team, in the amount of $120,776

Request authorization for the County Executive to enter into an agreement between Whatcom County and the County Road Administrative Board (CRAB) in order to receive Rural Arterial Preservation grant funding for the Birch Bay/Lynden Road Pavement Rehabilitation project in the amount of $510,000

        Whatcom County

Page 3 Printed on 6/1/2021

Council

8. AB2021-313

9. AB2021-315 10. AB2021-316

Meeting Agenda June 1, 2021

Request authorization for the County Executive to enter into a contract between Whatcom County and West Publishing for online database subscriptions in the amount of $151,680.00

Request authorization for the County Executive to purchase a Conservation Easement from the City of Lynden for Glenning Park, in the amount of $250,000

Request authorization for the County Executive to purchase a Conservation and Public Access Easement from the Whatcom Land Trust for the Upper Skookum Creek property, in the amount of $1,250,000

    (From Council Committee of the Whole)

11. AB2021-185 Ordinance amending Whatcom County Code 9.32, Unlawful Discharge of Firearms,

to establish a no shooting zone in the Drayton Harbor area of Whatcom County

12. AB2021-186 Ordinance amending Whatcom County Code 9.32, Unlawful Discharge of Firearms, to establish a no shooting zone to be known as the Dearborn No Shooting Zone

EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND

COMMITTEES

Per Whatcom County Code 2.03.070(B), the council must confirm or reject executive appointments within 30 days of submission to the council. County code deems the appointee confirmed if council does not take action within this time.

1. AB2021-308 Request confirmation of the County Executive’s appointment of Sandy Phillips and Jeannine Heidenreich to the Bicycle Pedestrian Advisory Committee

2. AB2021-309 Request confirmation of the County Executive’s reappointment of Mark McDonald to the North Sound Behavioral Health Administrative Services Organization (ASO)

Advisory Board

ITEMS ADDED BY REVISION

1. AB2021-185 Ordinance amending Whatcom County Code 9.32, Unlawful Discharge of Firearms,

to establish a no shooting zone in the Drayton Harbor area of Whatcom County

ITEM ADDED 6.1.2021 – REVISED VERSION FOR INTRODUCTION

INTRODUCTION ITEMS

Council action will not be taken. The council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time.

         1. AB2021-307 2. AB2021-310

Ordinance amending the 2021 Whatcom County Budget, request no. 9, in the amount of $1,138,322

Ordinance establishing the American Rescue Plan Act Fund and establishing a budget for the American Rescue Plan Act Fund

   Whatcom County

Page 4 Printed on 6/1/2021

Council Meeting Agenda June 1, 2021 3. AB2021-296 Ordinance adopting amendments to the Purchase of Development Rights Program

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ADJOURN

     Whatcom County Page 5 Printed on 6/1/2021

****************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Meeting Agenda

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT

http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010); AGENDA

REVISED 6.15.2021

Tuesday, June 15, 2021 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=814123&GUID=82E10B7D-0103-41E7-BBCE-5098736EBECB&Options=info|&Search= ]

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council

Meeting Agenda

June 15, 2021

 COUNTY COUNCIL CALL TO ORDER

ROLL CALL

FLAG SALUTE ANNOUNCEMENTS

The Council is currently holding all meetings remotely. View meeting schedules, agendas, minutes, videos, and archives at whatcom.legistar.com. For instructions on how to watch or participate in

the Council’s meetings, please visit t whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010.

Individuals who require special assistance to participate in the Council’s meetings are asked to contact the Council Office at 360.778-5010 at least 96 hours in advance.

The County is accepting applications from county residents to fill vacancies on several boards, commissions, and committees spanning a wide range of important local issues. For more information, visit the Boards and Commissions vacancy webpage on the County website at http://www.co.whatcom.wa.us, or call the County Council office or County Executive’s Office.

COUNTY EXECUTIVE’S REPORT MINUTES CONSENT

      1. MIN2021-047

2. MIN2021-048

3. MIN2021-049

Committee of the Whole Executive Session for June 1, 2021 Committee of the Whole for June 1, 2021

Regular County Council for June 1, 2021

   OPEN SESSION (20 MINUTES)

During open session, audience members may speak to the council on issues not scheduled for public hearing. To participate, please see instructions at whatcomcounty.us/joinvirtualcouncil or contact

the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time and inform speakers when they have reached their three minute limit.

CONSENT AGENDA

Items under this section of the agenda may be considered in a single motion. Councilmembers have received and studied background material on all items. Committee review has taken place on these items, as indicated. Any member of the public, administrative staff, or council may ask that an item be considered separately.

(From Council Finance and Administrative Services Committee)

   Whatcom County Page 2 Printed on 6/15/2021

Council

1. AB2021-319

2. AB2021-321

3. AB2021-322

4. AB2021-325

5. AB2021-332

6. AB2021-333

7. AB2021-335

8. AB2021-336

9. AB2021-337

Meeting Agenda June 15, 2021

Request authorization for the County Executive to enter into a contract between Whatcom County and Arc of Whatcom County to provide information, education,

and family support to individuals with developmental disabilities, their family members, and the general public, in the amount of $150,616

Request authorization for the County Executive to enter into an agreement between Whatcom County and the County Road Administrative Board (CRAB) in order to receive Rural Arterial Preservation grant funding for the Hampton Road Pavement Rehabilitation project in the amount of $170,100

Request authorization for the County Executive to enter into a contract between Whatcom County and the Executive Office of the President for a grant award for funding from the High Intensity Drug Trafficking Areas (HIDTA) program in the amount of $205,073.00

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to provide funding for Child Development Services to eligible children ages birth to three who have developmental disabilies and delays, in the estimated amount of $77,812, for a total estimated amended contract amount of $213,952

Resolution to amend Resolution 2020-046 for unrepresented Whatcom County employees

Request authorization for a Letter of Understanding between Whatcom County and General Teamsters’ Local Union 231 to amend the Master Collective Bargaining Agreement for the period January 1, 2019 – December 31, 2021

Request authorization for a Letter of Understanding between Whatcom County and the WA State Nurses Association to amend the collective bargaining agreement for the period January 1, 2021 – December 31, 2022

Request authorization for a Letter of Understanding between Whatcom County and PROTEC17 to amend the collective bargaining agreement for the period January 1, 2019 – December 31, 2021

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Northwest Educational Services District 189 to provide behavioral health services, in the amount of $121,000

          OTHER ITEMS

(From Council Finance and Administrative Services Committee)

  Whatcom County Page 3 Printed on 6/15/2021

Council

1. AB2021-307

2. AB2021-310

3. AB2021-324

4. AB2021-330

5. AB2021-331

Meeting Agenda June 15, 2021

Ordinance amending the 2021 Whatcom County Budget, request no. 9, in the amount of $1,138,322

Ordinance establishing the American Rescue Plan Act Fund and establishing a budget for the American Rescue Plan Act Fund

Request authorization for the County Executive to enter into Local Agency Agreement Supplement No. 4 between Whatcom County and the Washington State Department of Transportation for the Birch Bay Drive and Pedestrian Facility Project in the amount of $1,100,000

County Executive requests approval of the Economic Development Investment (EDI) Board’s recommendations for funding to support three project applications from the City of Lynden, Port of Bellingham, and Bellingham Housing Authority

Request authorization for the County Executive to award bid #21-26 and enter into a contract between Whatcom County and Tiger Construction LTD for the Plantation Indoor Range HVAC and Roof Replacement, in the amount of $1,032,352.54

      (From Council Public Works and Health Committee)

6. AB2021-320 Discussion of community-requested revision to the Birch Bay Golf Cart Zone

boundary, and request for Council direction

(From Council Committee of the Whole)

7. AB2021-279 Ordinance submitting to the qualified voters of Whatcom County a proposal to amend Whatcom County Charter Section 8.22 to align requirements for amending the

Charter by citizen initiative with Washington State norms

(No Committee Assignment)

8. AB2021-323 Request approval to send letter of appreciation to child care team members

ITEMS ADDED BY REVISION

1. AB2021-360 Ordinance to establish an independent review of the community response to the

COVID-19 Pandemic

ITEM ADDED 6.15.2021 (FOR INTRODUCTION)

INTRODUCTION ITEMS

Council action will not be taken. The council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time.

1. AB2021-185 Ordinance amending Whatcom County Code 9.32, Unlawful Discharge of Firearms, to establish a no shooting zone in the Drayton Harbor area of Whatcom County

        Whatcom County Page 4 Printed on 6/15/2021

Council

2. AB2021-327

3. AB2021-328

4. AB2021-340

Meeting Agenda June 15, 2021

Ordinance amending the Whatcom County Budget, request no. 10, in the amount of $744,800

Resolution amending the Flood Control Zone District and subzones 2021 budgets, request no. 1, in the amount of $15,415 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Ordinance suspending Whatcom County Code 1.28 to update the Correctional Facilities operational standards

    COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ADJOURN

   Whatcom County Page 5 Printed on 6/15/2021

************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Meeting Agenda

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010)

Tuesday, June 29, 2021 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=815650&GUID=039F030D-227A-4CFC-A4D6-4FB4D9E265D9&Options=info|&Search= ]

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council

Meeting Agenda

June 29, 2021

 COUNTY COUNCIL CALL TO ORDER

ROLL CALL

FLAG SALUTE ANNOUNCEMENTS

The Council is currently holding all meetings remotely. View meeting schedules, agendas, minutes, videos, and archives at http://www.whatcom.legistar.com. For instructions on how to watch or participate in the Council’s meetings, please visit t http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010.

Individuals who require special assistance to participate in the Council’s meetings are asked to contact the Council Office at 360.778-5010 at least 96 hours in advance.

The County is accepting applications from county residents to fill vacancies on several boards, commissions, and committees spanning a wide range of important local issues. For more information, visit the Boards and Commissions vacancy webpage on the County website at http://www.co.whatcom.wa.us, or call the County Council office or County Executive’s Office.

COUNTY EXECUTIVE’S REPORT SPECIAL PRESENTATION

1. AB2021-368 Report from the Health Department on the Behavioral Health Program Fund 2020 Annual Report

MINUTES CONSENT

        1. MIN2021-050

2. MIN2021-051

3. MIN2021-052

Special Committee of the Whole for June 15, 2021 Committee of the Whole for June 15, 2021 Regular County Council for June 15, 2021

   PUBLIC HEARINGS

To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time and inform speakers when they have reached their three minute limit.

1. AB2021-296 Ordinance adopting amendments to the Purchase of Development Rights Program

   Whatcom County Page 2 Printed on 6/23/2021

Council Meeting Agenda June 29, 2021

 OPEN SESSION (20 MINUTES)

During open session, audience members may speak to the council on issues not scheduled for public hearing. To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time and inform speakers when they have reached their three minute limit.

CONSENT AGENDA

Items under this section of the agenda may be considered in a single motion. Councilmembers have received and studied background material on all items. Committee review has taken place on these items, as indicated. Any member of the public, administrative staff, or council may ask that an item be considered separately.

(From Council Finance and Administrative Services Committee)

  1. AB2021-338

2. AB2021-344

3. AB2021-348

4. AB2021-349

5. AB2021-350

6. AB2021-351

7. AB2021-352

Request authorization for the County Executive to enter into a contract between Whatcom County and Opportunity Council to provide housing case management services, in the amount of $262,341

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and the North Sound Accountable Communities of Health to supervise Whatcom Unified Command’s (WUC) Volunteer Branch in the amount of $8,000 for a total amended contract amount of $63,000

Request authorization for the County Executive to enter into a contract between Whatcom County and Catholic Community Services to provide housing case management services, in the amount of $168,339

Request authorization for the County Executive to enter into a contract between Whatcom County and Lydia Place to provide housing case management services in the amount of $203,602

Request authorization for the County Executive to enter into a contract between Whatcom County and Northwest Youth Services to provide housing case management services, in the amount of $178,771

Request authorization for the County Executive to enter into a contract between Whatcom County and Cascade Connections to provide services to individuals with developmental disabilities, in an estimated amount of $1,321,837

Request authorization for the County Executive to enter into a contract between Whatcom County and Kulshan Supported Employment to provide services to individuals with developmental disabilities, in an estimated amount of $1,150,942

        Whatcom County

Page 3 Printed on 6/23/2021

Council

8. AB2021-353

9. AB2021-354

10. AB2021-362

Meeting Agenda June 29, 2021

Request authorization for the County Executive to enter into a contract between Whatcom County and Washington Vocational Services to provide services to individuals with developmental disabilities, in an estimated amount of $268,910

Request authorization for the County Executive to enter into a contract between Whatcom County and Work Opportunities to provide services to individuals with developmental disabilities, in an estimated amount of $686,136

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Bennett Engineering, LLC to update the Dept of Ecology-Central Shop Industrial Stormwater Pollution Prevention Plan (SWPPP), in the amount of $30,850.00 for a total amended contract amount of $55,035

    OTHER ITEMS

(From Council Natural Resources Committee)

1. AB2021-364 Discussion and Motion to recognize the intent of PLN2019-00011 – Surface Mining of Dry Meander Zones has been achieved

2. AB2021-366 Discussion and Motion for PLN2017-00004 Countywide Review of Designated Mineral Resource Lands

(From Council Finance and Administrative Services Committee)

   3. AB2021-327

4. AB2021-328

5. AB2021-340

6. AB2021-342

7. AB2021-343

Ordinance amending the Whatcom County Budget, request no. 10, in the amount of $744,800

Resolution amending the Flood Control Zone District and subzones 2021 budgets, request no. 1, in the amount of $15,415 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Ordinance suspending Whatcom County Code 1.28 to update the Correctional Facilities operational standards

Request authorization for the County Executive to enter into a Memorandum of Understanding between Whatcom County and Sudden Valley Community Association

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and DH to implement the COVID-19 IRL Campaign in the amount of $106,250 for a total amended contract amount of $306,250

      Whatcom County

Page 4 Printed on 6/23/2021

Council

8. AB2021-347

9. AB2021-355

10. AB2021-372

Meeting Agenda June 29, 2021

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and SeaMar Community Health Centers to provide oversight and assistance at the COVID-19 Temporary Housing Facility in the amount of $95,460 for a total amended contract amount of $453,436

Request authorization for the County Executive to enter into a contract between Whatcom County and Lighthouse Mission Ministries to provide oversight and assistance at the COVID Temporary Housing Facility, in the amount of $89,674

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to operate the Whatcom Homeless Service Center in the amount of $930,003 for a total amended contract amount of $2,324,075

    COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

1. AB2021-303 Appointment of Starck Follis and Carolyn Mason to the Criminal Justice Treatment

Account panel

2. AB2021-341 Appointment to the Flood Control Zone District Advisory Committee as an alternate member – Applicant: Daniel Dahlquist (Council Acting as the Flood Control Zone

District Board of Supervisors)

EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND

COMMITTEES

Per Whatcom County Code 2.03.070(B), the council must confirm or reject executive appointments within 30 days of submission to the council. County code deems the appointee confirmed if council does not take action within this time.

1. AB2021-371 Request confirmation of the County Executive’s reappointments of Georgiann Dustin, Shirley Forslof, Denise Irey, and Kathleen O’Connor to the Northwest Senior

Services Board

2. AB2021-379 Request confirmation of the County Executive’s appointment of William Zidel to the Point Roberts Community Advisory Committee

ITEMS ADDED BY REVISION

INTRODUCTION ITEMS

Council action will not be taken. The council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time.

1. AB2021-346 Ordinance amending the project budget for the Silver Lake Park Improvement Fund, request no. 3

           Whatcom County

Page 5 Printed on 6/23/2021

Council

2. AB2021-363

3. AB2021-365

4. AB2021-370

5. AB2021-375

6. AB2021-380

7. AB2021-381

Meeting Agenda June 29, 2021

Ordinance amending the Whatcom County Code and Comprehensive Plan, requiring a site-specific geotechnical analysis when mineral extraction is proposed within 500 feet of a gas or petroleum transmission pipeline

Ordinance amending the Whatcom County Budget, request no. 11, in the amount of $5,728,416

Ordinance adopting Whatcom County Code Chapter 16.50 Commercial Property Assessed Clean Energy and Resiliency (C-PACER) Program within Whatcom County

Ordinance amending Whatcom County Code 2.98, Point Roberts Community Advisory Committee, to revise membership

Ordinance adopting amendments to the Whatcom County Comprehensive Plan relating to density credits, PDRs, and TDRs

This proposal was forwarded by Council on November 7, 2018, to be considered with other proposed Comprehensive Plan and zoning amendments for 2018 (see AB2018-298). Per Whatcom County Code 2.02.115, because

the ordinance was not adopted within 120 days of its original introduction date, it must be reintroduced, notice of introduction republished, and at least 13 days elapsed before the ordinance can come up for final consideration by the Council.

Ordinance adopting Whatcom County Comprehensive Plan amendments concerning the Lummi Island Ferry, modifying Policy 6A-1 relating to ferry level of service and deleting Policy 6C-9 relating to a ferry feasibility study

This proposal was forwarded by Council on May 7, 2019, to be considered with other proposed Comprehensive Plan amendments (see AB2019-223). Per Whatcom County Code 2.02.115, because the ordinance was not adopted within 120 days of its original introduction date, it must be reintroduced, notice of introduction republished, and at least 13 days elapsed before the ordinance can come up for final consideration by the Council.

       COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ADJOURN

   Whatcom County Page 6 Printed on 6/23/2021

****************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Meeting Agenda

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010)

Tuesday, July 13, 2021 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=815659&GUID=60210A2F-F484-4D83-945A-29232A354FBD&Options=info|&Search= ]

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council

Meeting Agenda

July 13, 2021

 COUNTY COUNCIL CALL TO ORDER

ROLL CALL

FLAG SALUTE ANNOUNCEMENTS

The Council is currently holding all meetings remotely. View meeting schedules, agendas, minutes, videos, and archives at http://www.whatcom.legistar.com. For instructions on how to watch or participate in the Council’s meetings, please visit t http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010.

Individuals who require special assistance to participate in the Council’s meetings are asked to contact the Council Office at 360.778-5010 at least 96 hours in advance.

The County is accepting applications from county residents to fill vacancies on several boards, commissions, and committees spanning a wide range of important local issues. For more information, visit the Boards and Commissions vacancy webpage on the County website at http://www.co.whatcom.wa.us, or call the County Council office or County Executive’s Office.

COUNTY EXECUTIVE’S REPORT MINUTES CONSENT

1. MIN2021-053 Committee of the Whole for June 29, 2021

2. MIN2021-054 Regular County Council for June 29, 2021

PUBLIC HEARINGS

To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time and inform speakers when they have reached their three minute limit.

         1. AB2021-363

2. AB2021-370

Ordinance amending the Whatcom County Code and Comprehensive Plan, requiring a site-specific geotechnical analysis when mineral extraction is proposed within 500 feet of a gas or petroleum transmission pipeline

Ordinance adopting Whatcom County Code Chapter 16.50 Commercial Property Assessed Clean Energy and Resiliency (C-PACER) Program within Whatcom County

   Whatcom County

Page 2 Printed on 7/7/2021

Council Meeting Agenda July 13, 2021

 OPEN SESSION (20 MINUTES)

During open session, audience members may speak to the council on issues not scheduled for public hearing. To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time and inform speakers when they have reached their three minute limit.

CONSENT AGENDA

Items under this section of the agenda may be considered in a single motion. Councilmembers have received and studied background material on all items. Committee review has taken place on these items, as indicated. Any member of the public, administrative staff, or council may ask that an item be considered separately.

  1. AB2021-383

2. AB2021-385

3. AB2021-387

4. AB2021-391

5. AB2021-399

6. AB2021-400

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Island County for Mini-Chain Services in the amount of $5,359.00

Request authorization for the County Executive to award Bid #21-31 and enter into a subsequent contract between Whatcom County and Foss Maritime for the annual drydocking, repair and maintenance of the Whatcom Chief ferry, in the amount of $773,839

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Washington Association of Sheriffs and Police Chiefs for Registered Sex Offender Address and Residency Verification Program, in the amount of $139,688.00

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Department of Ecology for litter cleanup activities, in the amount of $71,100

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Snohomish Health District for participation in the North Sound Regional Youth Marijuana Prevention and Education Program, in the amount of $27,000

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Skagit County for participation in the North Sound Regional Youth Marijuana Prevention and Education Program, in the amount of $27,000

      OTHER ITEMS

(From Council Finance and Administrative Services Committee)

  Whatcom County Page 3 Printed on 7/7/2021

Council

1. AB2021-346

2. AB2021-365

3. AB2021-375

4. AB2021-393

5. AB2021-397

6. AB2021-398

7. AB2021-401

Meeting Agenda July 13, 2021

Ordinance amending the project budget for the Silver Lake Park Improvement Fund, request no. 3

Ordinance amending the Whatcom County Budget, request no. 11, in the amount of $5,728,416

Ordinance amending Whatcom County Code 2.98, Point Roberts Community Advisory Committee, to revise membership

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Department of Commerce for resources to assist people who are experiencing homelessness obtain and maintain housing stability, in the amount of $6,335,182

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and City of Lynden for Economic Development Investment (EDI) loan and grant funding to support the West Front Street Arterial Improvement Project, in the amount of $2,000,000

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Department of Social and Health Services for the administration of developmental disabilities services, in the amount of $4,125,535

Request authorization for the County Executive to enter into a purchase and sale agreement for the acquisition of 5.9 acres of undeveloped property adjoining Squires Lake Park in the amount of $90,000

        (From Council Committee of the Whole)

8. AB2021-360 Ordinance to establish an independent review of the community response to the

COVID-19 Pandemic

(No Committee Assignment)

9. AB2021-392 Request approval of a motion to authorize Chief Civil Deputy Prosecutor Karen Frakes to vote on behalf of Whatcom County in favor of the Fifth Amended Joint

Chapter 11 Plan of Reorganization of Purdue Pharma L.P. and its Affiliated Debtors in re: Purdue Pharma, et al. Case No. 19-23649 (RDD), United States Bankruptcy Court of the Southern District of New York

EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND

COMMITTEES

Per Whatcom County Code 2.03.070(B), the council must confirm or reject executive appointments within 30 days of submission to the council. County code deems the appointee confirmed if council does not take action within this time.

     Whatcom County Page 4 Printed on 7/7/2021

Council Meeting Agenda July 13, 2021 1. AB2021-384 Request confirmation of the County Executive’s reappointments of David Warren and

Daniel Larner to the Bellingham-Whatcom Public Facilities District

ITEMS ADDED BY REVISION

INTRODUCTION ITEMS

Council action will not be taken. The council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time.

    1. AB2021-403

2. AB2021-405

Ordinance adopting amendments to the Whatcom County Comprehensive Plan and Whatcom County Code relating to the Cherry Point UGA fossil fuel facilities, renewable fuel facilities, piers, SEPA, greenhouse gas emissions, and other matters

Ordinance requesting that the Whatcom County Auditor include the question of establishing a Birch Bay Library Capital Facility Area to finance a new library facility in Birch Bay on the ballot at the November general election

  COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ADJOURN

   Whatcom County Page 5 Printed on 7/7/2021

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  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Meeting Agenda

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT

http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010); AGENDA

REVISED 7.26.2021

Tuesday, July 27, 2021 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=818293&GUID=E1B57F6E-1F0B-433E-AF89-4E78DB0033B2&Options=info|&Search= ]

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council

Meeting Agenda

July 27, 2021

 COUNTY COUNCIL CALL TO ORDER

ROLL CALL

FLAG SALUTE ANNOUNCEMENTS

The Council is currently holding all meetings remotely. View meeting schedules, agendas, minutes, videos, and archives at http://www.whatcom.legistar.com. For instructions on how to watch or participate in the Council’s meetings, please visit t http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010.

Individuals who require special assistance to participate in the Council’s meetings are asked to contact the Council Office at 360.778-5010 at least 96 hours in advance.

The County is accepting applications from county residents to fill vacancies on several boards, commissions, and committees spanning a wide range of important local issues. For more information, visit the Boards and Commissions vacancy webpage on the County website at http://www.co.whatcom.wa.us, or call the County Council office or County Executive’s Office.

COUNTY EXECUTIVE’S REPORT SPECIAL PRESENTATION

1. AB2021-440 Presentation on police reform in Washington State MINUTES CONSENT

        1. MIN2021-055

2. MIN2021-056

3. MIN2021-057

4. MIN2021-059

Committee of the Whole Executive Session for July 13, 2021 Committee of the Whole for July 13, 2021

Regular County Council for July 13, 2021

Water Work Session for July 20, 2021

    PUBLIC HEARINGS

To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time and inform speakers when they have reached their three minute limit.

 1. AB2021-403

Ordinance adopting amendments to the Whatcom County Comprehensive Plan and Whatcom County Code relating to the Cherry Point UGA fossil fuel facilities, renewable fuel facilities, piers, SEPA, greenhouse gas emissions, and other matters

Recommended motion: Forward for concurrent review with other Comprehensive Plan amendment proposals scheduled later this evening

  Whatcom County

Page 2 Printed on 7/26/2021

Council Meeting Agenda July 27, 2021

 APPROVAL OF COMPREHENSIVE PLAN AMENDMENTS

These items have been reviewed by Council and are ready to be considered concurrently so the cumulative effect of the proposals can be evaluated. Each ordinance will be voted on separately, followed by a vote to approve the ordinances as a group.

 1. AB2021-403

2. AB2021-380

3. AB2021-381

4. AB2021-363

Ordinance adopting amendments to the Whatcom County Comprehensive Plan and Whatcom County Code relating to the Cherry Point UGA fossil fuel facilities, renewable fuel facilities, piers, SEPA, greenhouse gas emissions, and other matters

Ordinance adopting amendments to the Whatcom County Comprehensive Plan relating to density credits, PDRs, and TDRs

Ordinance adopting Whatcom County Comprehensive Plan amendments concerning the Lummi Island Ferry, modifying Policy 6A-1 relating to ferry level of service and deleting Policy 6C-9 relating to a ferry feasibility study

Ordinance amending the Whatcom County Code and Comprehensive Plan, requiring a site-specific geotechnical analysis when mineral extraction is proposed within 500 feet of a gas or petroleum transmission pipeline

This ordinance was adopted on July 13, 2021, but requires review with the other Comprehensive Plan amendments scheduled this evening so the cumulative effect of the various proposals can be evaluated

    OPEN SESSION (20 MINUTES)

During open session, audience members may speak to the council on issues not scheduled for public hearing. To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time and inform speakers when they have reached their three minute limit.

CONSENT AGENDA

Items under this section of the agenda may be considered in a single motion. Councilmembers have received and studied background material on all items. Committee review has taken place on these items, as indicated. Any member of the public, administrative staff, or council may ask that an item be considered separately.

(From Council Finance and Administrative Services Committee)

  1. AB2021-407

2. AB2021-429

OTHER ITEMS

Request authorization for the County Executive to enter into a contract between Whatcom County and GeoEngineers, Inc. to provide on-call geotechnical engineering services for 2021-2022 in the amount not to exceed $200,000

Request authorization for the County Executive to enter into a contract between Whatcom County and Lifeline Connections to support the Whatcom Recovery House, in the amount of $51,447

    Whatcom County

Page 3 Printed on 7/26/2021

Council Meeting Agenda July 27, 2021 (From Council Finance and Administrative Services Committee)

 1. AB2021-405

2. AB2021-431

3. AB2021-432

4. AB2021-396

5. AB2021-409

Ordinance requesting that the Whatcom County Auditor include the question of establishing a Birch Bay Library Capital Facility Area to finance a new library facility in Birch Bay on the ballot at the November general election

Resolution to set hearing and notice of hearing to declare Whatcom County real property as surplus

Resolution to set hearing and notice of hearing to authorize the sale of Whatcom County surplus property

Request approval for the County Executive to enter into a contract between Whatcom County Flood Control Zone District and the Washington Department of Ecology in the amount of $153,520 (Council acting as the Flood Control Zone District Board of Supervisors)

Request approval for the County Executive to enter into an interlocal agreement on behalf of the Flood Control Zone District between Whatcom County and the City of Lynden in the amount of $20,000 for the construction of the Lynden Levee Channel Realignment Project (Council acting as the Flood Control Zone District Board of Supervisors)

     (From Council Committee of the Whole)

6. AB2021-438 Resolution approving the Whatcom County Water District No. 7 Water System Plan

ITEMS ADDED BY REVISION

1. AB2021-457 Letter of support for opioid treatment program in Bellingham

ITEM ADDED 7.26.2021

2. AB2021-456 Request authorization for the County Executive to enter into a contract to purchase

2000 Division Street property

ITEM ADDED 7.26.2021

INTRODUCTION ITEMS

Council action will not be taken. The council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time.

     1. AB2021-412 2. AB2021-420

Ordinance amending the 2021 Whatcom County Budget, request no. 12, in the amount of $1,506,763

Ordinance amending the Whatcom County Comprehensive Plan Map and zoning code for the Nooksack Falls Exclave within the Mount Baker-Snoqualmie National Forest

   Whatcom County

Page 4 Printed on 7/26/2021

Council

3. AB2021-422

4. AB2021-424

5. AB2021-433

6. AB2021-434

7. AB2021-413

8. AB2021-417

9. AB2021-185

Meeting Agenda July 27, 2021

Ordinance for reestablishing a speed limit for a portion of Bay Road

Ordinance adopting amendments to the Whatcom County Code Title 20, Zoning to allow and regulate Battery Energy Storage Systems

Resolution declaring Whatcom County real property as surplus Resolution authorizing the sale of Whatcom County surplus property

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and City of Bellingham for FY2021 Byrne Justice Assistance Grant (JAG) Program Award, in the amount of $14,001

Resolution transferring a Whatcom County Flood Control Zone District property to the Lummi Nation (Council acting as the Flood Control Zone District Board of Supervisors)

Ordinance amending Whatcom County Code 9.32, Unlawful Discharge of Firearms, to establish a no shooting zone in the Drayton Harbor area of Whatcom County

        COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ADJOURN

   Whatcom County Page 5 Printed on 7/26/2021

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  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Meeting Agenda

Tuesday, August 10, 2021 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=818305&GUID=FF9375DB-EE79-4DC3-AC0A-97E763103264&Options=info|&Search= ]

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010)

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council

Meeting Agenda

August 10, 2021

 COUNTY COUNCIL CALL TO ORDER

ROLL CALL

FLAG SALUTE ANNOUNCEMENTS

The Council is currently holding all meetings remotely. View meeting schedules, agendas, minutes, videos, and archives at http://www.whatcom.legistar.com. For instructions on how to watch or participate in the Council’s meetings, please visit t http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010.

Individuals who require special assistance to participate in the Council’s meetings are asked to contact the Council Office at 360.778-5010 at least 96 hours in advance.

The County is accepting applications from county residents to fill vacancies on several boards, commissions, and committees spanning a wide range of important local issues. For more information, visit the Boards and Commissions vacancy webpage on the County website at http://www.co.whatcom.wa.us, or call the County Council office or County Executive’s Office.

COUNTY EXECUTIVE’S REPORT SPECIAL ORDER OF BUSINESS

1. AB2021-485 Council appointment of interim District Court Judge MINUTES CONSENT

        1. MIN2021-061

2. MIN2021-062

3. MIN2021-063

4. MIN2021-064

Committee of the Whole Executive Session for July 27, 2021 Committee of the Whole for July 27, 2021

Regular County Council for July 27, 2021

Special Council for August 2, 2021

    PUBLIC HEARINGS

To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time and inform speakers when they have reached their three minute limit.

1. AB2021-413 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and City of Bellingham for FY2021 Byrne Justice

Assistance Grant (JAG) Program Award, in the amount of $14,001

   Whatcom County Page 2 Printed on 8/4/2021

Council

2. AB2021-417

3. AB2021-422

4. AB2021-424

5. AB2021-433

6. AB2021-420

Meeting Agenda August 10, 2021

Resolution transferring a Whatcom County Flood Control Zone District property to the Lummi Nation (Council acting as the Flood Control Zone District Board of Supervisors)

Ordinance for reestablishing a speed limit for a portion of Bay Road

Ordinance adopting amendments to the Whatcom County Code Title 20, Zoning to allow and regulate Battery Energy Storage Systems

Resolution declaring Whatcom County real property as surplus

Ordinance amending the Whatcom County Comprehensive Plan Map and zoning code for the Nooksack Falls Exclave within the Mount Baker-Snoqualmie National Forest

(Recommended motion: Forward for concurrent review. This ordinance cannot be adopted this evening. The Council must consider initiated comprehensive plan amendments concurrently so the cumulative effect of the various proposals can be evaluated. All proposed amendments will be scheduled together for final adoption at a later date.)

      OPEN SESSION (20 MINUTES)

During open session, audience members may speak to the council on issues not scheduled for public hearing. To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time and inform speakers when they have reached their three minute limit.

CONSENT AGENDA

Items under this section of the agenda may be considered in a single motion. Councilmembers have received and studied background material on all items. Committee review has taken place on these items, as indicated. Any member of the public, administrative staff, or council may ask that an item be considered separately.

(From Council Finance and Administrative Services Committee)

  1. AB2021-427

2. AB2021-428

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Cascadia Youth Mental Health to assess and support regional school substance use discipline policies and practice needs, in the amount of $22,760 for a total amended contract amount of $40,000

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Northwest Educational Service District 189 for participation in the Regional Youth Marijuana Prevention and Education Program, in the amount of $15,000

   Whatcom County

Page 3 Printed on 8/4/2021

Council

3. AB2021-442

4. AB2021-443

5. AB2021-444

6. AB2021-445

7. AB2021-446

8. AB2021-448

9. AB2021-449

10. AB2021-452

11. AB2021-468

12. AB2021-472

Meeting Agenda August 10, 2021

Request authorization for the County Executive to enter into an interlocal agreement beween Whatcom County and Tacoma Pierce County Health Department for administration of the food handler permit program, in an estimated amount of $80,732 per year

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Skagit Valley College for the use of the Plantation Rifle Range to train personnel, in the amount of $17,486.40

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Sedro-Woolley Police Department for the use of the Plantation Rifle Range to train personnel, in the amount of $6,289.30

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Bellingham Police Department for the use of the Plantation Rifle Range to train personnel, in the amount of $26,381.85

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Mount Vernon Police Department for the use of the Plantation Rifle Range to train personnel, in the amount of $6,764.05

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Marysville Police Department for the use of the Plantation Rifle Range to train personnel, in the amount of $12,868.22

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Skagit County Sheriff’s Office for the use of the Plantation Rifle Range to train personnel, in the amount of $15,286.73

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Department of Ecology for solid waste management compliance and litter and/or illegal dumping enforcement activities, in the amount of $236,340

Request authorization for the County Executive to enter into a contract between Whatcom County and Trantech Engineering, LLC to provide engineering services to implement rehabilitation efforts on the existing Nulle Road/Friday Creek Bridge No. 106

Request authorization for the County Executive to enter into a contract between Whatcom County and Helmsman Management Services, LLC to provide administration of the County’s self-insured Worker’s Compensation Program in the amount of $173,090

            Whatcom County

Page 4 Printed on 8/4/2021

Council

13. AB2021-478

Meeting Agenda August 10, 2021

Request approval for the County Executive to enter into a contract for a 3-year subscription to KnowBe4 for cyber security awareness training and simulated phishing software platform with SHI International Corporation, using the Washington State Contract #06016, in an amount not to exceed $50,409.22

  OTHER ITEMS

(From Council Finance and Administrative Services Committee)

 1. AB2021-412

2. AB2021-390

3. AB2021-410

4. AB2021-430

5. AB2021-441

6. AB2021-454

7. AB2021-458

Ordinance amending the 2021 Whatcom County Budget, request no. 12, in the amount of $1,506,763

Request authorization for the County Executive to enter into an Interlocal Agreement between Whatcom County and the Bellingham Housing Authority for the purposes of funding an EDI loan for phase 3 of the Samish Commons redevelopment project in the amount of $750,000

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County Flood Control Zone District and the Lummi Nation for the transfer of real property (Council acting as the Flood Control Zone District Board of Supervisors)

Request authorization for the County Executive to enter into a contract between Whatcom County and Housing Authority of the City of Bellingham to receive American Rescue Plan Act (ARPA) funds in the amount of $525,000 to construct phase 3 of the Samish Commons Project

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Department of Ecology to administer and enforce sealing, tagging, and decommissioning of water wells, in an estimated annual amount of $13,500

Request authorization for the County Executive to enter into a contract between Whatcom County and Unity Care Northwest to provide reimbursement of professional and support services provided at Whatcom County’s Community Vaccine Clinics, in the amount of $55,950

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County, the City of Bellingam Fire Department and Fire Protection District No. 7 for costs associated with the implementation of the 5th medic unit in the amount of $1,917,500

        Whatcom County

Page 5 Printed on 8/4/2021

Council

8. AB2021-459

9. AB2021-476

10. AB2021-477

11. AB2021-483

Meeting Agenda August 10, 2021

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Snohomish Health District to provide COVID-related isolation and quarantine to Snohomish County residents, in the amount of $200 per resident, per day

Resolution to adopt the Whatcom County Employee’s Personnel Handbook

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Department of Social and Health Services to provide an advance in funding for DSHS-funded Developmental Disabilities Administration Programs, in an amount authorized of up to $470,230

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lydia Place to provide funding for additional motel rooms for families experiencing unsheltered homelessness in the amount of $236,470 for a total amended contract amount of $354,922

     (From Council Public Works and Health Committee)

12. AB2021-464

13. AB2021-465

14. AB2021-466

15. AB2021-467

Resolution in the matter of considering vacating a portion of Wynn Road Resolution in the matter of considering vacating a portion of Thomas Road Resolution in the matter of considering vacating a portion of Horton Road Resolution in the matter of considering vacating a portion of Boxwood Road

    (No Committee Assignment)

16. AB2021-469 Request to authorize Karen Frakes, Chief Civil Deputy Prosecuting Attorney, to vote on behalf of Whatcom County in favor of the Joint Plan of Reorganization of

Mallinckrodt PLC and its debtor affiliates under Chapter 11 of the Bankruptcy Code in Case No. 20-12522 (JTD) in the US Bankruptcy Court for the District of Delaware

EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND

COMMITTEES

Per Whatcom County Code 2.03.070(B), the council must confirm or reject executive appointments within 30 days of submission to the council. County code deems the appointee confirmed if council does not take action within this time.

1. AB2021-461 Request confirmation of the County Executive’s appointment of Jagwinder Gill to the Agricultural Advisory Committee

ITEMS ADDED BY REVISION

      Whatcom County Page 6 Printed on 8/4/2021

Council Meeting Agenda August 10, 2021

 INTRODUCTION ITEMS

Council action will not be taken. The council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time.

 1. AB2021-451

2. AB2021-408

3. AB2021-450

Ordinance amending the 2021 Whatcom County Budget, request no. 13, in the amount of $1,615,450

Ordinance adopting amendments to Whatcom County Code Title 17 Flood Damage Prevention

Resolution amending the Flood Control Zone District 2021 budget, request no. 2, in the amount of $1,142,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

   COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ADJOURN

   Whatcom County Page 7 Printed on 8/4/2021

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  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Meeting Agenda

Tuesday, September 14, 2021 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=818314&GUID=AEDAD1EE-1CFF-4944-A2E0-FD9F82D0D168&Options=info|&Search= ]

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010); AGENDA REVISED 9.13.2021

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council

Meeting Agenda

September 14, 2021

 COUNTY COUNCIL CALL TO ORDER

ROLL CALL

FLAG SALUTE ANNOUNCEMENTS

The Council is currently holding all meetings remotely. View meeting schedules, agendas, minutes, videos, and archives at http://www.whatcom.legistar.com. For instructions on how to watch or participate in the Council’s meetings, please visit t http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010.

Individuals who require special assistance to participate in the Council’s meetings are asked to contact the Council Office at 360.778-5010 at least 96 hours in advance.

The County is accepting applications from county residents to fill vacancies on several boards, commissions, and committees spanning a wide range of important local issues. For more information, visit the Boards and Commissions vacancy webpage on the County website at http://www.co.whatcom.wa.us, or call the County Council office or County Executive’s Office.

COUNTY EXECUTIVE’S REPORT MINUTES CONSENT

      1. MIN2021-065

2. MIN2021-067

3. MIN2021-068

4. MIN2021-069

5. MIN2021-070

Special Council for August 5, 2021

Committee of the Whole Executive Session for August 10, 2021 Committee of the Whole for August 10, 2021

Regular County Council for August 10, 2021

Special Council for August 16, 2021

     PUBLIC HEARINGS

To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time and inform speakers when they have reached their three minute limit.

 1. AB2021-408

2. AB2021-434

Ordinance adopting amendments to Whatcom County Code Title 17 Flood Damage Prevention

Resolution authorizing the sale of Whatcom County surplus property

   Whatcom County

Page 2 Printed on 9/13/2021

Council Meeting Agenda September 14, 2021

 OPEN SESSION (20 MINUTES)

During open session, audience members may speak to the council on issues not scheduled for public hearing. To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time and inform speakers when they have reached their three minute limit.

CONSENT AGENDA

Items under this section of the agenda may be considered in a single motion. Councilmembers have received and studied background material on all items. Committee review has taken place on these items, as indicated. Any member of the public, administrative staff, or council may ask that an item be considered separately.

(From Council Finance and Administrative Services Committee)

  1. AB2021-487

2. AB2021-502

3. AB2021-518

Request authorization for the County Executive to enter into a contract between Whatcom County and Michael Bobbink for hearing examiner services

Resolution in the matter of the sale of surplus personal property and setting a date for public hearing, pursuant to WCC 1.10

Resolution to amend Resolution 2020-046 for unrepresented Whatcom County employees

   OTHER ITEMS

(From Council Natural Resources Committee)

1. AB2021-359 Presentation/discussion of Wildlife Advisory Committee recommendation regarding Nomination of Species of Local Importance and request for Council motion to

designate four wildlife species as “Species of Local Importance”

(From Council Finance and Administrative Services Committee)

  2. AB2021-501

3. AB2021-493

4. AB2021-497

Request authorization for the County Executive to enter into an agreement between Whatcom County and Compass Health to lease a portion of the Whatcom Response Center, in the amount of $20,000 annually

Request authorization for the County Executive to enter into an Agreement between Whatcom County and Administrative Office of Courts (AOC) for reimbursement of Uniform Guardianship Act (UGA) services, in the amount of $153,110

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Workforce Council to provide reimbursement of wages and benefits for eligible temporary employees working in various COVID-related positions, in the estimated amount of $110,000 for a total estimated contract amount of $330,000

    Whatcom County

Page 3 Printed on 9/13/2021

Council

5. AB2021-492

6. AB2021-523

7. AB2021-450

8. AB2021-451

9. AB2021-498

10. AB2021-509

11. AB2021-489

12. AB2021-506

Meeting Agenda September 14, 2021

Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Department of Commerce to furnish goods and services necessary to accomplish activities under the SFY 2022 Victim/Witness Assistance Grant during the grant period, in the amount of $60,368.00

Request authorization for the County Executive to enter into Local Agency Agreement Supplement No. 5 between Whatcom County and the Washington State Department of Transportation for the Birch Bay Drive and Pedestrian Facility Project in the amount of $300,000

Resolution amending the Flood Control Zone District 2021 budget, request no. 2, in the amount of $1,142,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Ordinance amending the 2021 Whatcom County Budget, request no. 13, in the amount of $1,615,450

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Department of Ecology to provide Pollution Prevention Assistance Specialists, in the amount of $293,568

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and City of Bellingham for the development of a housing communications strategy, in the amount of $19,050

Resolution approving the 2022 recommended Convention Center (Lodging Tax) allocations for tourism-related facilities and activities as defined through RCW 67.28.1816 in the amount of $1,469,575

Request authorization for the County Executive to enter into a contract agreement between Whatcom County and West Publishing for online access to proprietory law publications in the amount of $143,007

         COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 1. AB2021-510 Request Council appointment of one councilmember to attend the Whatcom

Transportation Authority (WTA) Board Composition Review, as required by law

EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND

COMMITTEES

Per Whatcom County Code 2.03.070(B), the council must confirm or reject executive appointments within 30 days of submission to the council. County code deems the appointee confirmed if council does not take action within this time.

1. AB2021-507 Request confirmation of the Executive’s reappointment of Wendy Miller and Mark Challender to the Americans with Disabilities Act (ADA) Compliance Committee

      Whatcom County Page 4 Printed on 9/13/2021

Council Meeting Agenda September 14, 2021 ITEMS ADDED BY REVISION

1. AB2021-535 Request authorization for the County Executive to enter into a revised contract between Whatcom County and the Housing Authority of the City of Bellingham to

secure an EDI loan for the Samish Way Redevelopment project in the amount of $725,000

ITEM ADDED 9.13.2021

INTRODUCTION ITEMS

Council action will not be taken. The council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time.

    1. AB2021-500

2. AB2021-512

3. AB2021-414

4. AB2021-508

5. AB2021-503

6. AB2021-515

7. AB2021-522

8. AB2021-516

Ordinance adopting amendments to the Whatcom County Zoning Code Relating to Temporary Homeless Facility Regulations

Ordinance amending the 2021 Whatcom County Budget, request no. 14, in the amount of $315,947

Ordinance granting Cascade Natural Gas Corporation a franchise for the transportation of natural gas in Whatcom County

Ordinance for Installation of a Stop Sign on Northshore Road

Resolution authorizing the sale of surplus personal property pursuant to WCC 1.10

Resolution in the matter of the Whatcom County Six-Year Transportation Improvement Program (STIP) for the years 2022 through 2027

Resolution amending the Flood Control Zone District 2021 budget, request no. 3, in the amount of $175,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Resolution adopting the Whatcom County Flood Control Zone District Six-Year Water Resources Improvement Program for the years 2022 through 2027 (Council acting as the Flood Control Zone District Board of Supervisors)

        COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ADJOURN

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  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Meeting Agenda

Tuesday, September 28, 2021 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=818323&GUID=026BAC2F-3FA9-47A2-88BC-B81638B7960D&Options=info|&Search= ]

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010), AGENDA REVISED 9.28.2021

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council

Meeting Agenda

September 28, 2021

 COUNTY COUNCIL CALL TO ORDER

ROLL CALL

FLAG SALUTE ANNOUNCEMENTS

The Council is currently holding all meetings remotely. View meeting schedules, agendas, minutes, videos, and archives at http://www.whatcom.legistar.com. For instructions on how to watch or participate in the Council’s meetings, please visit t http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010.

Individuals who require special assistance to participate in the Council’s meetings are asked to contact the Council Office at 360.778-5010 at least 96 hours in advance.

The County is accepting applications from county residents to fill vacancies on several boards, commissions, and committees spanning a wide range of important local issues. For more information, visit the Boards and Commissions vacancy webpage on the County website at http://www.co.whatcom.wa.us, or call the County Council office or County Executive’s Office.

COUNTY EXECUTIVE’S REPORT MINUTES CONSENT

      1. MIN2021-071

2. MIN2021-072

3. MIN2021-073

4. MIN2021-074

5. MIN2021-075

Joint Health Board / PHAB for September 7, 2021

Committee of the Whole for September 14, 2021

Regular County Council for September 14, 2021

Committee of the Whole Executive Session for September 21, 2021 Water Work Session for September 21, 2021

     PUBLIC HEARINGS

To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time and inform speakers when they have reached their three minute limit.

 1. AB2021-500

2. AB2021-414

Ordinance adopting amendments to the Whatcom County Zoning Code Relating to Temporary Homeless Facility Regulations

Ordinance granting Cascade Natural Gas Corporation a franchise for the transportation of natural gas in Whatcom County

ITEM WITHDRAWN – CORRECT HEARING DATE IS 10.12.2021

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Council

3. AB2021-503

4. AB2021-508

5. AB2021-515

6. AB2021-516

7. AB2021-359

Meeting Agenda September 28, 2021

Resolution authorizing the sale of surplus personal property pursuant to WCC 1.10 Ordinance for Installation of a Stop Sign on Northshore Road

Resolution in the matter of the Whatcom County Six-Year Transportation Improvement Program (STIP) for the years 2022 through 2027

Resolution adopting the Whatcom County Flood Control Zone District Six-Year Water Resources Improvement Program for the years 2022 through 2027 (Council acting as the Flood Control Zone District Board of Supervisors)

Request for public comment related to the Whatcom County Wildlife Advisory Committee’s recommendation regarding Nomination of Species of Local Importance and request for Council motion to designate four wildlife species as “Species of Local Importance”

      OPEN SESSION (20 MINUTES)

During open session, audience members may speak to the council on issues not scheduled for public hearing. To participate, please see instructions at http://www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. All speakers should state their name for the record and optionally include city of residence. Speakers will be given three minutes to address the Council. Council staff will keep track of time and inform speakers when they have reached their three minute limit.

CONSENT AGENDA

Items under this section of the agenda may be considered in a single motion. Councilmembers have received and studied background material on all items. Committee review has taken place on these items, as indicated. Any member of the public, administrative staff, or council may ask that an item be considered separately.

(From Council Finance and Administrative Services Committee)

  1. AB2021-488

2. AB2021-513

3. AB2021-517

4. AB2021-526

Request authorization for the County Executive to execute a contract amendment between Code Publishing Company and Whatcom County for legal code publishing services

Request authorization for the County Executive to enter into a transfer option agreement between Whatcom County and Opportunity Council for the property located at Laurel and Forest streets for the appraised amount of $1,230,000

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Department of Ecology for solid waste planning and implementation activities, in the amount of $732,835

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Department of Commerce for FY18 Justice Assistance Grant, in the amount of $155,053.00

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5. AB2021-529

6. AB2021-530

7. AB2021-532

8. AB2021-540

9. AB2021-542

10. AB2021-554

11. AB2021-557

12. AB2021-562

Meeting Agenda September 28, 2021

Request approval for the County Executive to enter into an agreement with Washington State Recreation and Conservation Office in order to secure matching funds for the VanderWerff Agricultural Conservation Easement through the Conservation Easement Program

Request approval for the County Executive to enter into an agreement with the Washington State Recreation and Conservation Office in order to secure matching funds for the Moors Forestry Conservation Easement through the Conservation Easement Program

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Department of Children, Youth, and Families for high quality home visiting services to vulnerable families, in the amount of $355,339

Request approval for the County Executive to enter into an agreement with the United States Department of Interior, Geological Survey in the amount of $145,225 (Council acting as the Flood Control Zone District Board of Supervisors)

Request approval for the County Executive to enter into an interagency agreement between the State of Washington Puget Sound Partnership and the Whatcom County Flood Control Zone District, acting as the fiscal agent for the Local Integrating Organization (LIO) to coordinate the County LIO (Council acting as the Flood Control Zone District Board of Supervisors)

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Youth Services to support operations at the Ground Floor Day Use Center in the amount of $10,000 for a total amended contract amount of $145,000

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Catholic Community Services to provide behavioral health support at Francis Place and other permanent supportive housing programs in the amount of $60,757 for a total amended contract amount of $306,173

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and G6 Hospitality Group to extend the agreement for an additional three months

         OTHER ITEMS

(From Council Finance and Administrative Services Committee)

1. AB2021-512 Ordinance amending the 2021 Whatcom County Budget, request no. 14, in the amount of $315,947

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Council

2. AB2021-522

3. AB2021-527

4. AB2021-533

5. AB2021-534

6. AB2021-545

7. AB2021-551

8. AB2021-555

Meeting Agenda September 28, 2021

Resolution amending the Flood Control Zone District 2021 budget, request no. 3, in the amount of $175,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Request approval for the County Executive to enter into an agreement with Cascadia Policy Solutions, LLC, for the purpose of developing and implementing a collaborative water solutions table in the amount of $190,000 (Council acting as the Flood Control Zone District Board of Supervisors)

Request approval for the County Executive to enter into an agreement with Kramer Consulting, Inc. for facilitation services for the WRIA 1 Drainage Based Management Pilot Project in the amount of $100,000 (Council acting as the Flood Control Zone District Board of Supervisors)

Request Council approval of the 2021-2023 Criminal Justice Treatment Account Plan Update

Request authorization for County Executive to enter into an Interlocal Grant Agreement between Whatcom County and the Administrative Office of the Courts to reimburse Whatcom County for extraordinary costs associated with the Blake decision in the amount of $1,790,621

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to operate the Whatcom Homeless Service Center in the amount of $162,400 for a total amended contract amount of $1,113,951

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Pacific Security to provide COVID-related security services in the amount of $51,752 for a total amended contract amount of $123,488

        (From Council Planning and Development Committee)

9. AB2021-424 Ordinance adopting amendments to the Whatcom County Code Title 20, Zoning to

allow and regulate Battery Energy Storage Systems

(From Council Committee of the Whole)

 10. AB2021-209 11. AB2021-525

Resolution regarding permanent affordability of childcare in Whatcom County

Discussion and request for Council motion regarding request for proposals (RFP) for independent review of the response to the COVID-19 pandemic

  12. AB2021-528

(No Committee Assignment)

Resolution approving the Water District 13 Small Water System Management Plan

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Council Meeting Agenda September 28, 2021 13. AB2021-538 Resolution setting regular Whatcom County Council meeting dates for 2022

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 1. AB2021-559 Council appointment to fill vacancies on the Drayton Harbor Shellfish Protection

District Advisory Committee – Applicant(s): Ravyn Whitewolf and Charlie Hawkins

ITEM REVISED 9.28.2021 TO ADD ADDITIONAL APPLICANT

EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND

COMMITTEES

Per Whatcom County Code 2.03.070(B), the council must confirm or reject executive appointments within 30 days of submission to the council. County code deems the appointee confirmed if council does not take action within this time.

1. AB2021-546 Request confirmation of the County Executive’s appointment of Elizabeth Lorence to the Marine Resources Committee

ITEMS ADDED BY REVISION

        1. AB2021-578

Request authorization for the Whatcom County Prosecutor’s Office to join Whatcom County with several other counties and the Washington State Association of Counties as a plaintiff in Benton County, et al. v. State of Washington filed in the King County Superior Court, an action seeking a declaratory judgment regarding obligations under State v. Blake

ITEM ADDED 9.28.2021

 INTRODUCTION ITEMS

Council action will not be taken. The council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time.

 1. AB2021-547

2. AB2021-549

3. AB2021-561

4. AB2021-185

5. AB2021-539

Ordinance amending the 2021 Whatcom County Budget, request no. 15, in the amount of $859,440

SUBSTITUTE VERSION ADDED 9.28.2021

Ordinance establishing the Central Plaza Tenant Improvements Fund and establishing a project based budget for the Central Plaza Tenant Improvements Project

Ordinance amending Ordinance No. 2021-045 (Review of Response to COVID-19 Pandemic)

Ordinance amending Whatcom County Code 9.32, Unlawful Discharge of Firearms, to establish a no shooting zone in the Drayton Harbor area of Whatcom County

Ordinance adopting amendments to the Six-Year Capital Improvement Program for Whatcom County Facilities (2021-2026)

      Whatcom County

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Council 6.

7.

AB2021-543

AB2021-544

Meeting Agenda September 28, 2021

Ordinance adopting Zoning amendments relating to density credits in the UR4 zone in the Birch Bay UGA, density credits for accessory dwelling units, and modifying the minimum lot size, width, depth and other requirements in the Urban Residential zone

Ordinance adopting amendments to the Unified Fee Schedule relating to density credit fees for increasing the size of accessory dwelling units

   COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ADJOURN

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  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, October 12, 2021 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=818332&GUID=CB1C6D23-B2BA-465C-86E9-47D8F774E802&Options=info|&Search= ]

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010)

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final October 12, 2021

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Rud Browne, Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas,

Council Chair Barry Buchanan called the meeting to order at 6:01 p.m. in a virtual meeting.

 Carol Frazey, and Kathy Kershner Absent: None

FLAG SALUTE ANNOUNCEMENTS

The Council is accepting applications to fill vacancies on the Stakeholder Advisory Committee for the Justice Project from citizens and criminal justice advocates. If you are interested and meet the qualifications, please let us know at 360-778-5010 or email the council at Council@co.whatcom.wa.us.

COUNTY EXECUTIVE’S REPORT

Satpal Sidhu, County Executive, stated he would like to discuss a resolution regarding opening the border at Point Roberts.

The Councilmembers concurred to add it under the Committee Reports, Other Items, And Councilmember Updates section of the Agenda.

MINUTES CONSENT

    1. MIN2021-076

Aye:

Nay: Absent:

2. MIN2021-077

Frazey moved to accept the minutes consent items. The motion was seconded by Donovan (see votes on individual items below).

Committee of the Whole Executive Session for September 28, 2021

Frazey moved and Donovan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Committee of the Whole for September 28, 2021

Frazey moved and Donovan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

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Minutes – Final

October 12, 2021

 3.

MIN2021-078

Regular County Council for September 28, 2021

Frazey moved and Donovan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Nay: 0 Absent: 0

 PUBLIC HEARINGS

Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Nay: 0 Absent: 0

 1. AB2021-539

Council staff played a short instructional video about how to speak at the meeting.

Ordinance adopting amendments to the Six-Year Capital Improvement Program for Whatcom County Facilities (2021-2026)

Mark Personius, Planning and Development Services Department Director, briefed the Councilmembers.

Buchanan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Byrd moved and Donovan seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: ORD 2021-058

Ordinance adopting Zoning amendments relating to density credits in the UR4 zone in the Birch Bay UGA, density credits for accessory dwelling units, and modifying the minimum lot size, width, depth and other requirements in the Urban Residential zone

Mark Personius, Planning and Development Services Department Director, briefed the Councilmembers.

Buchanan opened the Public Hearing and, hearing no one, closed the Public Hearing.

 Aye:

Nay: Absent:

2. AB2021-543

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Minutes – Final October 12, 2021

 3.

Aye:

Nay: Absent:

AB2021-544

Byrd moved and Frazey seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Personius answered whether this can be applied to other jurisdictions other than the area noted in Birch Bay, how to create a county Urban Growth Area (UGA) as opposed to one a city would put in place, whether this includes the expanded size on the Accessory Dwelling Units (ADUs), and whether it would extend to any of the rural zones where ADUs are allowed.

Satpal Sidhu, County Executive, urged Council to take up this matter next year and stated we need these kinds of policies throughout the county, including the cities.

Councilmembers discussed the item and Sidhu’s suggestion.

Byrd’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: ORD 2021-059

Ordinance adopting amendments to the Unified Fee Schedule relating to density credit fees for increasing the size of accessory dwelling units

Mark Personius, Planning and Development Services Department Director, briefed the Councilmembers and answered a question about what the fee was before.

Buchanan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Byrd moved and Donovan seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: ORD 2021-060

Ordinance amending Whatcom County Code 9.32, Unlawful Discharge of Firearms, to establish a no shooting zone in the Drayton Harbor area of Whatcom County

Buchanan opened the Public Hearing and the following person spoke:

 4.

Aye:

Nay: Absent:

AB2021-185

  Whatcom County

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Minutes – Final October 12, 2021

 5.

· Tino Villaluz

Byrd moved for the right to ask a question of the speaker.

Councilmembers discussed the motion and whether the rules allow for questions of the speakers during public hearings.

The following people answered a question about being able to ask questions of speakers:

· Dana Brown-Davis, Clerk of the Council

· Karen Frakes, Prosecuting Attorney’s Office

Byrd stated his request does not require a vote and was permitted by the Chair to ask a question. He proceeded with asking Villaluz about the version of the ordinance which is being considered.

Councilmembers discussed the rules again then continued the public hearing and the following people spoke:

· Frank Bob

· Ken Domorod

Hearing no one else, Buchanan closed the Public Hearing.

Browne moved and Byrd seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Councilmembers discussed the motion.

Browne’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

4 – Browne, Byrd, Elenbaas, and Kershner

3 – Buchanan, Donovan, and Frazey Absent: 0

Enactment No: ORD 2021-061

AB2021-414 Ordinance granting Cascade Natural Gas Corporation a franchise for the transportation of natural gas in Whatcom County

Buchanan opened the Public Hearing and the following people spoke:

Aye:

Nay:

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Minutes – Final October 12, 2021

 · ·

David Gutschmidt Simon Bakke

Hearing no one else, Buchanan closed the Public Hearing.

Donovan moved that this item be tabled in order for Whatcom County Public Works Department to continue negotiating the franchise agreement with Cascade Natural Gas in order to reconsider the terms of the agreement including but not limited to the length of the agreement. And note that Council requests that Public Works consult with members of the Climate Impact Advisory Committee during this process. The motion was seconded by Frazey.

Councilmembers discussed the motion and Satpal Sidhu, County Executive, spoke.

The motion carried by the following vote:

Aye: 4 – Frazey, Browne, Buchanan, and Donovan Nay: 3 – Elenbaas, Kershner, and Byrd

Byrd made a point of order that a motion to table requires a supermajority to pass.

Donovan moved that they hold this in order for Whatcom County Public Works Department to continue negotiating the franchise agreement with Cascade Natural Gas in order to reconsider the terms of the agreement including but not limited to the length of the agreement. And note that Council requests that Public Works consult with members of the Climate Impact Advisory Committee during this process.

Councilmembers discussed the motion and how much time is needed for the request.

Andrew Hester, Public Works Department, answered the question about time needed.

Donovan amended his motion to hold the item until the second meeting in January. They can change it if more time is needed.

Councilmembers discussed the motion and Hester answered questions.

Christopher Quinn, Prosecuting Attorney’s Office, suggested that they hold

 Whatcom County

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Minutes – Final October 12, 2021

 a committee work session to provide guidance on changes they would like to see such as term and franchise fees.

Byrd suggested a friendly amendment to hold this until the next Planning and Development or Natural Resources Committee meeting so that Mr. Quinn and the rest of the staff can ask the questions he just expressed.

Donovan did not accept the friendly amendment.

Donovan’s motion carried by the following vote:

Aye: 6 – Kershner, Browne, Buchanan, Byrd, Donovan, and Frazey Nay: 1 – Elenbaas

Final action for this agenda item was: HEARD PUBLIC TESTIMONY AND HELD (see full motion above).

OPEN SESSION (20 MINUTES)

The following people spoke:

· Robert Bystrom

· Melissa Wisener

· David Spring

· Janet Migaki

· Ray Deck III

· Ken Domorod

· Megan Wiseman

· Shannon Wallace

· Skip Hamilton

· Kelley Bouma

· Misty Flowers

· Jacqueline Soler

· Richard Tran

· Cynthia Thompson

· Christie Duque

· Rebecca Wilson

· Jim (no last name given)

· Nancy Bergman

· Jean Purcell

· Sarah Rose

· Natalie Chavez

· Helga Deliban

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Minutes – Final

October 12, 2021

 · Clayton Duke

· Megan Jones

· Nancy Hill

· Renee Norton

· Hannah Ordos

· Enoch Mann

· Gail Adderley

Hearing no one else, Buchanan closed the Open Session.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

 1. AB2021-563

Aye:

Nay: Absent:

2. AB2021-564

Aye:

Nay: Absent:

3. AB2021-565

Whatcom County

Browne reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through eight. Councilmembers voted on those items (see votes on individual items below).

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Blaine for FY2020 Operation Stonegarden (OPSG), in the amount of $31,923.00

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Everson for FY2020 Operation Stonegarden (OPSG), in the amount of $43,500.00

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner

1 – Elenbaas

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Ferndale for FY2020 Operation

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Minutes – Final October 12, 2021

 4. AB2021-566

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Lynden for FY2020 Operation Stonegarden (OPSG), in the amount of $65,000.00

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Stonegarden (OPSG), in the amount of $63,732.50

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner

Nay: 1 – Elenbaas Absent: 0

 5. AB2021-567

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Sumas for FY2020 Operation Stonegarden (OPSG), in the amount of $44,927.50

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner

Nay: 1 – Elenbaas Absent: 0

 6. AB2021-568

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Washington Department of Fish and Wildlife for FY2020 Operation Stonegarden (OPSG), in the amount of $27,335.00

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner

Nay: 1 – Elenbaas Absent: 0

 Aye: 6 – Nay: 1 –

Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Elenbaas

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Minutes – Final October 12, 2021

 7.

Absent:

AB2021-558

Aye:

Nay: Absent:

AB2021-589

Aye:

Nay: Absent:

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Bennett Engineering to perform environmental monitoring and sampling of closed landfills, in the amount of $62,683 for a total amended contract amount of $168,517

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Youth Services to provide housing case management services in the amount of $33,977 for a total amended contract amount of $212,748

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner 1 – Elenbaas

0

and Administrative Services Committee)

Request approval for the County Executive to enter into an agreement with Cascadia Policy Solutions, LLC, for the purpose of developing and implementing a collaborative water solutions table in the amount of $190,000 (Council acting as the Flood Control Zone District Board of Supervisors)

Browne reported for the Finance and Administrative Services Committee and moved that the Contract (FCZDBS) be AUTHORIZED.

Councilmembers discussed the item.

Browne’s motion that the Contract (FCZDBS) be AUTHORIZED carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner

 8.

 OTHER ITEMS (From Council Finance 1. AB2021-527

  Aye:

 Whatcom County

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Minutes – Final October 12, 2021

 2. AB2021-547

Ordinance amending the 2021 Whatcom County Budget, request no. 15, in the amount of $859,440

Browne reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED.

Councilmembers discussed the motion.

Browne’s motion that the Ordinance be ADOPTED carried by the following vote:

Nay: 1 – Elenbaas Absent: 0

 3. AB2021-549

Enactment No: ORD 2021-062

Ordinance establishing the Central Plaza Tenant Improvements Fund and establishing a project based budget for the Central Plaza Tenant Improvements Project

Browne reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner

Nay: 1 – Elenbaas Absent: 0

 4. AB2021-579

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner

Nay: 1 – Elenbaas Absent: 0

Enactment No: ORD 2021-063

Request approval for the County Executive to enter into an interagency agreement between Whatcom County Flood Control Zone District and the State of Washington Department of Ecology for Whatcom Marine Resources Committee (MRC) Operations and Projects (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Browne reported for the Finance and Administrative Services Committee and moved that the Contract (FCZDBS) be AUTHORIZED. The motion carried by the following vote:

Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0

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 Absent:

5. AB2021-580

Aye:

Nay: Absent:

6. AB2021-581

0

Request permission for the County Executive to enter into a Joint Funding Agreement between the Whatcom County Flood Control Zone District (FCZD) and the United States Geological Survey (USGS) (Council acting as the Flood Control Zone District Board of Supervisors)

Browne reported for the Finance and Administrative Services Committee and moved that the Contract (FCZDBS) be AUTHORIZED. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and the State of Washington Department of Health to provide funding to implement the Whatcom County Enhanced Pollution Indentification and Correction Program in the amount of $580,000 for a total amended contract amount of $1,627,732 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Browne reported for the Finance and Administrative Services Committee and moved that the Contract (FCZDBS) be AUTHORIZED.

Councilmembers voted (see votes below).

After the vote Councilmembers discussed the goals and measurables in the contract.

Browne’s motion that the Contract (FCZDBS) be AUTHORIZED carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Bellingham, in the amount of $250,000 for Whatcom County’s share of this reimbursement for the design of West Horton Road extension

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. The motion carried by the following vote:

  Aye:

Nay: Absent:

7. AB2021-587

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 Aye: 6 –

Nay: 0 Absent: 0

Abstain: 1 –

(From Council Committee of the Whole)

8. AB2021-561

Aye:

Nay: Absent:

9. AB2021-209

Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Ordinance amending Ordinance No. 2021-045 (Review of Response to COVID-19 Pandemic)

Browne reported for the Committee of the Whole.

Browne moved and Donovan seconded that the Ordinance be ADOPTED. The motion carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner 1 – Elenbaas

0

Enactment No: ORD 2021-064

Resolution regarding permanent affordability of childcare in Whatcom County Buchanan reported for the Committee of the Whole.

Councilmembers discussed the item, whether it should be held in Council and what additional information they would like to get including:

· Getting more concrete examples of costs

· Sources of sustainable funding going forward after using the

American Rescue Plan Act (ARPA) funds

· Looking at the median wage in Whatcom County to determine how

much the cost of childcare should be and whether the proposed items will have an impact on driving the cost down

Councilmembers discussed first determining what is viable under law and then letting the task force know, working on solutions that will stick when the money runs out, and a concern about creating a short-term benefit to the current players but a long-term detriment to the community.

Satpal Sidhu, County Executive, stated they are not spending the money now, just making allocations. Affordable housing also needs attention and is more permanent and sustainable. Balance the expectations in the community for both of these needs.

Browne

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 Councilmembers continued to discuss the item.

Byrd moved to reach out to Western Washington University’s (WWU) Economics Department and ask that they review the suggestions and come back with a report on what would have the biggest impact and what might not have a good impact at all so we can figure out what the best options are. The motion was seconded by Elenbaas.

Councilmembers discussed the motion.

Byrd restated his motion and moved to request Western Washington University’s Economic development team to the review the options in the industry and provide feedback on which items or action would have the biggest impact.

Councilmembers continued to discuss the motion and which department he intended in his motion.

Donovan stated it is the Center for Economic and Business Research.

Satpal Sidhu, County Executive, suggested they give it back to the task force to find a source and firm up their numbers.

After more discussion, Byrd withdrew his motion and referred it to the task force.

Buchanan stated he would like to do another work session with the task force. One could be scheduled for the next meeting.

Councilmembers discussed getting feedback from Health Department staff and ways to create more childcare capacity.

Councilmembers concurred to refer this item to an October 26 work session.

This agenda item was REFERRED TO COMMITTEE. (No Committee Assignment)

10. AB2021-538 Resolution setting regular Whatcom County Council meeting dates for 2022

Frazey moved and Donovan seconded that the Resolution (Option 3) be APPROVED.

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 Dana Brown-Davis, Clerk of the Council, explained the difference between the three options and Councilmembers discussed the motion.

Frazey’s motion that the Resolution (Option 3) be APPROVED carried by the following vote:

Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Nay: 0 Absent: 0

Enactment No: RES 2021-043

INTRODUCTION ITEMS

 1. AB2021-582

Byrd moved and Donovan seconded that items 1-5 be introduced. Kershner stated she would like to consider AB2021-590 separately so the

first motion was withdrawn.

Donovan moved to introduce items 1, 2, 4, and 5. The motion was seconded

by Browne (See votes on individual items below).

Ordinance amending the 2021 Whatcom County Budget, request no. 16, in the amount of $411,953

Donovan moved and Browne seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

 2. AB2021-572

Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2021-067

Ordinance amending Whatcom County Code 12.20 Road Vacations to update procedures for processing petitions

Donovan moved and Browne seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Nay: 0 Absent: 0

Enactment No: ORD 2021-065

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 3. AB2021-590 Ordinance imposing a second interim moratorium on the acceptance and processing of permit applications for new or expanded recreational cannabis growing and/or

processing facilities which are proposed to operate outdoors or in greenhouses

Enactment No: ORD 2021-066

This item was considered separately. See motion and vote on item below.

 4. AB2021-576

Aye:

Nay: Absent:

5. AB2021-583

Aye:

Nay: Absent:

3. AB2021-590

Resolution adopting the 2022 Annual Construction Program (ACP)

Donovan moved and Browne seconded that the Resolution Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: RES 2021-045

Resolution amending the Flood Control Zone District & Subzones 2021 budget, request no. 4, in the amount of $855,502 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Donovan moved and Browne seconded that the Resolution (FCZDBS) be INTRODUCED. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: RES 2021-047

Ordinance imposing a second interim moratorium on the acceptance and processing of permit applications for new or expanded recreational cannabis growing and/or processing facilities which are proposed to operate outdoors or in greenhouses

Donovan moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING.

Councilmembers discussed the motion, finding out from the Planning and Development Services Department what density of marijuana facilities we have in Whatcom County versus other counties, and how close they are to ironing out the permanent ordinance.

Dana Brown-Davis, Clerk of the Council, stated the next stop for this file

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 would be a public hearing at the next meeting and asked if they would like to schedule it for discussion in committee that day to get questions answered. She answered which ordinance (this one or the one with proposed code language) would be discussed in Committee.

Councilmembers concurred to schedule this file for the Planning and Development Committee.

Donovan’s motion that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING carried by the following vote:

5 – Browne, Buchanan, Byrd, Donovan, and Frazey

2 – Elenbaas, and Kershner Absent: 0

Enactment No: ORD 2021-066

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

Aye:

Nay:

 1. AB2021-597

Councilmembers gave committee reports.

Buchanan reported on the Criminal Justice and Public Safety Committee and a motion to reconvene on October 19 to discuss Superior Court vaccine mandates.

Buchanan moved that the Council reconvene on this subject (Superior

Court vaccine mandates) when we have legal counsel available next Tuesday, October 19. The motion was seconded by Byrd.

Karen Frakes, Prosecuting Attorney’s Office, addressed a comment about having an attorney present that is outside of having a conflict of interest.

Councilmembers discussed the motion and the time for the meeting (10:30 a.m.).

The motion carried by the following vote:

Aye: 7 – Kershner, Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey Nay: 0

Councilmembers continued reports from Committee.

Resolution requesting a Presidential Executive Order to open the border to allow access to Canadian property owners in Point Roberts USA

Satpal Sidhu, County Executive, briefed the Councilmembers and answered questions.

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 He and Councilmembers discussed whether the resolution is still needed since the news is reporting that the United States is going to relax the restrictions on the border in early November.

Buchanan moved and Byrd seconded that the Resolution be APPROVED. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0

Aye: Absent: 0

Enactment No: RES 2021-044

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES Continued

Councilmembers and Satpal Sidhu, County Executive, discussed whether there would be support for a ban on vaccine mandates in our community, parliamentary motions and procedure for interacting with speakers during a public hearing, getting a Health Department update, and what it will take to get out of the emergency (COVID-19).

Action Taken in COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES: Motion approved 7-0 that the Council reconvene on Superior Court vaccine mandates when we have legal counsel available next Tuesday, October 19.

  ADJOURN

 The meeting adjourned at 10:53 p.m.

The County Council approved these minutes on October 26, 2021. ATTEST:

______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Barry Buchanan, Council Chair

 Whatcom County

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Council Minutes – Final October 12, 2021

 SIGNED COPY ON FILE

 Whatcom County

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****************************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, October 26, 2021 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=818359&GUID=021EA296-6ED2-42F9-A962-38E093FCACA9&Options=info|&Search= ]

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010)

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final October 26, 2021

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Rud Browne, Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas,

Council Chair Barry Buchanan called the meeting to order at 6:01 p.m. in a virtual meeting.

 Carol Frazey, and Kathy Kershner Absent: None

FLAG SALUTE ANNOUNCEMENTS

The Council is accepting applications to fill vacancies on the Business and Commerce Advisory Committee. Applicants must represent the food processing industry or manufacturing industry. If you are interested and meet these qualifications, please let us know at 360-778-5010 or email the council at Council@co.whatcom.wa.us.

COUNTY EXECUTIVE’S REPORT

Satpal Sidhu, County Executive, reported on the following:

· A memo sent to Councilmembers regarding mid-biennium budget adjustments

   MINUTES CONSENT

1. MIN2021-079

Aye:

Nay: Absent:

2. MIN2021-080

· The Intalco plant reopening

Donovan moved to accept the minutes consent items. The motion was

seconded by Frazey (see votes on individual items below). Committee of the Whole for October 12, 2021

Donovan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Regular County Council for October 12, 2021

Donovan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

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 3.

MIN2021-081

Special Committee of the Whole Executive Session for October 19, 2021

Donovan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Nay: 0 Absent: 0

 PUBLIC HEARINGS

Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Nay: 0 Absent: 0

 1. AB2021-572

Council staff played a short instructional video about how to speak at the meeting.

Ordinance amending Whatcom County Code 12.20 Road Vacations to update procedures for processing petitions

Andrew Hester, Public Works Department, stated he is available for questions.

Buchanan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Donovan moved and Byrd seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: ORD 2021-065

Resolution adopting the 2022 Annual Construction Program (ACP)

Jim Karcher, Public Works Department, stated he was available for questions.

Buchanan opened the Public Hearing and the following person spoke: · Ken Domorod

Hearing no one else, Buchanan closed the Public Hearing.

 Aye:

Nay: Absent:

2. AB2021-576

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 3.

AB2021-590

Enactment No: RES 2021-045

Ordinance imposing a second interim moratorium on the acceptance and processing of permit applications for new or expanded recreational cannabis growing and/or processing facilities which are proposed to operate outdoors or in greenhouses

Mark Personius, Planning and Development Services Department Director, briefed the Councilmembers and answered a question about when Council will get recommendations from the Planning Commission.

Buchanan opened the Public Hearing and the following person spoke: · Ken Domorod

Hearing no one else, Buchanan closed the Public Hearing.

Councilmembers voted on the ordinance and Dana Brown-Davis, Clerk of the Council, clarified that the ordinance voted on was a substitute.

Donovan’s motion that the SUBSTITUTE Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

Frazey moved and Donovan seconded that the Resolution Requiring a Public Hearing be APPROVED. The motion carried by the following vote:

Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Nay: 0 Absent: 0

 Aye: 5 – Browne, Buchanan, Byrd, Donovan, and Frazey

Nay: 2 – Elenbaas, and Kershner Absent: 0

Enactment No: ORD 2021-066

OPEN SESSION (20 MINUTES)

The following people spoke:

· Katherine Telford

· Robert Bystrom

· Rob Viens

· Jennifer Durant

· Shannon Wallace

· Ken Domorod

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 · Cynthia Thompson

· David Spring

· Markis Dee Stidham

· Nancy Hill

· Rebecca Wilson

· Sam Kloes

· Misty Flowers

· Melissa Wisener

· Kelley Bouma

· Nancy Eklund

· Christie Duque

Byrd stated he rises to ask a question and the Council Chair granted it. Donovan stated he rises to ask a question and the Council Chair granted it. Elenbaas stated he would answer questions after public comment.

The open session continued and the following people spoke:

· Mary Stidham

· Shean Halley

· Sarah Rose

· Natalie Chavez

· Jean Purcell

· Megan Wiseman

· Rosemary VanBeek

· Mark Ambler

· Hannah Ordos

· Chad Butenschoen

Hearing no one else, Buchanan closed the Open Session. Browne responded to comments made during the open session.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

 1. AB2021-585 Whatcom County

Browne reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through four. Councilmembers discussed and voted on those items (see votes on individual items below).

Request authorization for the County Executive to enter into an interlocal agreement

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 Aye:

Nay: Absent:

2. AB2021-586

Aye:

Nay: Absent:

3. AB2021-588

Aye:

Nay: Absent:

4. AB2021-604

between Whatcom County and U.S. Department of Justice Drug Enforcement Administration for Cooperative State and Local Task Force Agreement FY2022

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and U.S. Department of Justice Drug Enforcement Administration for Program-Funded State and Local Task Force Agreement FY2022, in the amount of $38,744.00

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and San Juan County for Whatcom County Veteran Service Officer support services to San Juan County resident veterans, in an amount not to exceed $10,000

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Request authorization for the County Executive to enter into a contract between Whatcom County and National Service Office for Nurse-Family Partnership to provide technical support and training, in the estimated amount of $42,444

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

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 Aye:

Nay: Absent:

OTHER ITEMS (From Council Finance 1. AB2021-447

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

and Administrative Services Committee)

Resolution accepting the 2021 Whatcom County Compehensive Economic Development Strategy (CEDS) and ameded Appendix and approving submittal of the draft to the United States Department of Commerce Economic Development Administration

Browne reported for the Finance and Administrative Services Committee and moved that the SUBSTITUTE Resolution be APPROVED.

Donovan read the substitute title into the record.

Browne’s motion that the SUBSTITUTE Resolution be APPROVED carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: RES 2021-046

Ordinance amending the 2021 Whatcom County Budget, request no. 16, in the amount of $411,953

Browne reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED.

The following people answered questions about the $385,466 to fund amendment to Opportunity Council CDBG grant to fund services to counter COVID-related community impacts.

· Tyler Schroeder, Executive’s Office

· Satpal Sidhu, County Executive

Byrd moved to table the agenda item. The motion was seconded by Kershner.

Councilmembers discussed the motion and Sidhu answered how the Opportunity Council came to be the steward of this grant.

  Aye:

Nay: Absent:

2. AB2021-582

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 3.

Aye:

Nay: Absent:

AB2021-583

The motion failed by the following vote:

Aye: 1 – Byrd

Nay: 6 – Kershner, Browne, Buchanan, Donovan, Elenbaas, and Frazey

Browne’s motion that the Ordinance be ADOPTED carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner 1 – Byrd

0

Enactment No: ORD 2021-067

Resolution amending the Flood Control Zone District & Subzones 2021 budget, request no. 4, in the amount of $855,502 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Browne reported for the Finance and Administrative Services Committee and moved that the Resolution (FCZDBS) be APPROVED.

Councilmembers discussed whether they had gotten a presentation from staff.

Tyler Schroeder, Executive’s Office, briefed the Councilmembers.

Browne’s motion that the Resolution (FCZDBS) be APPROVED carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: RES 2021-047

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Island County to provide COVID-related isolation and quarantine to Island County residents, in the amount of $200 per resident, per day

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED.

Councilmembers discussed the item.

Tyler Schroeder, Executive’s Office, responded to a question about whether

 4.

Aye:

Nay: Absent:

AB2021-593

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 5.

AB2021-595

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to administer the Housing and Essential Needs Program in the amount of $503,370 for a total amended contract amount of $2,540,694

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED.

Tyler Schroeder, Executive’s Office, answered what this cost includes.

Browne’s motion that the Contract be AUTHORIZED carried by the following vote:

the $200 a day covers the cost that Whatcom County is putting out to have that facility open.

Byrd moved to amend the interlocal to approve this tonight with the expectation that if it comes back to us in three months that it either has full funding by FEMA, by the State, or it is a cost share agreement with the other counties. The motion was seconded by Kershner.

Councilmembers discussed the motion and Satpal Sidhu, County Executive, and Tyler Schroeder answered questions.

Buchanan suggested they approve this interlocal now and then do a motion (like Byrd’s) for going forward with any new interlocal agreements that are created with other counties.

Byrd withdrew his motion and Kershner withdrew her second.

Councilmembers discussed the main motion and Schroeder and Sidhu answered whether other counties have their own facilities or are dependent on our facility, whether other counties would be shutting their facilities down if ours became a regional facility, whether it is less likely to be reimbursed from FEMA if Whatcom County shares the cost with other counties, whether FEMA usually gives only 80% of the cost back to the County, how the number of $200 a night was derived, how many rooms there are, and what the current cost is per room.

Browne’s motion that the Interlocal be AUTHORIZED carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner

1 – Elenbaas Absent: 0

Aye:

Nay:

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 6.

AB2021-600

Request authorization for the County Executive to enter into a contract between Whatcom County Flood Control Zone District and Geneva Consulting Services for the coordination of the Whatcom Lead Integrating Organization (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Browne reported for the Finance and Administrative Services Committee and moved that the Contract (FCZDBS) be AUTHORIZED.

Tyler Schroeder, Executive’s Office, answered a question about the scope of work for the Lead Integrating Organization (LIO).

Browne’s motion that the Contract (FCZDBS) be AUTHORIZED carried by the following vote:

7.

AB2021-602

Request authorization for the County Executive to enter into an agreement between Whatcom County and Greg Dibble for the lease of 600 Dupont Street, Bellingham WA

Browne reported for the Finance and Administrative Services Committee and moved that the Agreement be AUTHORIZED.

Byrd explained why he abstained on the vote in the Finance and Administrative Services Committee and Councilmembers discussed why the space is needed, and whether the monthly and annual amount is in line with renting other commercial space.

Tyler Schroeder, Executive’s Office, answered how big the whole building is and how much the County will spend over three years.

Browne’s motion that the Agreement be AUTHORIZED carried by the following vote:

Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Nay: 0 Absent: 0

 Aye: 7 –

Nay: 0 Absent: 0

Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

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 8. AB2021-598

Discussion and request for motion regarding community requested revision to the Birch Bay Golf Cart Zone boundary

Frazey reported for the Public Works and Health Committee and moved to extend the current Birch Bay golf cart zone to Gemini Street.

Dana Brown-Davis, Clerk of the Council, clarified whether the motion from committee was to have the Public Works Department create an ordinance to extend the zone to Gemini Street.

Frazey stated that should be the motion.

The motion carried by the following vote:

Aye: 7 – Kershner, Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey Nay: 0

 This agenda item was DISCUSSED AND MOTION(S) APPROVED. (From Council Committee of the Whole)

9. AB2021-611

Discussion and possible motion to recommend rescinding a previous action of the Council that established a no shooting zone in Drayton Harbor

Buchanan briefed the Councilmembers about why the item is on the agenda.

Dana Brown-Davis, Clerk of the Council, briefed Councilmembers on the best process and type of motion for this item. She stated the best way to bring this back is to rescind the motion that adopted it on October 12, 2021.

Byrd gave his analysis on the procedure and stated a new ordinance should be brought forward.

Brown-Davis clarified that the County Executive has ten days to sign after presented to his office and the former ordinance was not taken to his office until Thursday of last week.

Karen Frakes, Prosecuting Attorney’s Office, stated the procedure the Clerk of the Council is recommending is appropriate and legal.

Councilmembers discussed the options and whether they should reconsider or rescind the motion to adopt.

Brown-Davis stated a motion to reconsider can be presented at the same

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Minutes – Final October 26, 2021

 meeting (in which the ordinance was adopted), but because this was adopted in a past meeting it has to be a motion to rescind.

Elenbaas moved to rescind the motion that adopted Ordinance 2021-061 on October 12, 2021 (the no-shooting zone in Drayton Harbor). The motion was seconded by Donovan.

The motion to rescind carried by the following vote:

Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0

This agenda item was DISCUSSED AND MOTION(S) APPROVED.

ITEMS ADDED BY REVISION

There were no agenda items added by revision.

INTRODUCTION ITEMS

  1. AB2021-594

Buchanan stated that AB2021-594 is a substitute.

Donovan moved and Frazey seconded that agenda items 1-5 be introduced.

The motion carried by the following vote:

Aye: 7 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, Kershner, and Browne Nay: 0

Councilmembers started to give committee reports but Dana Brown-Davis, Clerk of the Council, stated that the AB2021-606 was recommended for withdrawal from introduction in committee.

Donovan moved to reconsider the motion to introduce items 1-5 so that item number 4 can be removed. The motion was seconded by Elenbaas.

The motion to reconsider carried by the following vote:

Aye: 7 – Byrd, Donovan, Elenbaas, Frazey, Kershner, Browne, and Buchanan Nay: 0

Donovan moved and Elenbaas seconded to introduce all introduction items except for AB2021-606 (see motion and votes on individual items below).

Ordinance amending Whatcom County Code Chapter 2.02 (County Council) to define absence and temporary disability

Donovan moved and Elenbaas seconded that the SUBSTITUTE Ordinance be INTRODUCED. The motion carried by the following vote:

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 Aye:

Nay: Absent:

2. AB2021-599

Aye:

Nay: Absent:

3. AB2021-601

Aye:

Nay: Absent:

4. AB2021-606

5. AB2021-609

Aye:

Nay: Absent:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Ordinance establishing the Ferry Fare Capital Surcharge Fund

Donovan moved and Elenbaas seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: ORD 2021-068

Ordinance amending the 2021 Whatcom County Budget, request no. 17, in the amount of $4,967,500

Donovan moved and Elenbaas seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: ORD 2021-069

Ordinance adopting amendments to the Whatcom County Code Title 20, Zoning, to provide additional affordable housing options, including allowing and regulating tiny homes and allowing duplexes in planned unit developments

This agenda item was WITHDRAWN.

Ordinance amending Whatcom County Code Title 3 (Revenue and Finance), specifically Chapters 3.06 (Grants) and 3.08 (Purchasing System)

Donovan moved and Elenbaas seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: ORD 2021-070

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Council Minutes – Final October 26, 2021 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

  ADJOURN

Councilmembers gave committee reports and other updates.

The meeting adjourned at 9:49 p.m.

The County Council approved these minutes on November 9, 2021. ATTEST:

 ______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Barry Buchanan, Council Chair

 Whatcom County

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*******************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, November 9, 2021 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=818382&GUID=840CA739-7C36-499F-9C5A-E0AB69FB72EE&Options=info|&Search= ]

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010); AGENDA REVISED 11.8.2021

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final November 9, 2021

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

Absent: FLAG SALUTE

6 – 1 –

Rud Browne, Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, and Carol Frazey

Kathy Kershner

Council Chair Barry Buchanan called the meeting to order at 6 p.m. in a virtual meeting.

  ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

Satpal Sidhu, County Executive, reported on the following:

  MINUTES CONSENT

1. MIN2021-082

Donovan moved to accept the minutes consent items. The motion was seconded by Frazey (see votes on individual items below).

Committee of the Whole for October 26, 2021

Donovan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

· Congratulations to the newly re-elected and elected Councilmembers

· A recent audit exit meeting from the State Auditor with no findings

· A breakdown of the Ferry in October, a resulting declaration of

emergency, and a recently submitted a $10 million grant from the

County Road Administration Board for the ferry

· The appointment of a new County Medical examiner

· The mid-biennium budget adjustment, allocation of American

Rescue Plan Act funds, and the general fund balance

· Money that may be coming for specific items from the Federal

Infrastructure Bill and an upcoming Social Infrastructure Bill

  Aye: 6 –

Nay: 0 Absent: 1 –

Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey Kershner

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Council 2.

Minutes – Final November 9, 2021

Regular County Council for October 26, 2021

Donovan moved and Frazey seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey Nay: 0

 MIN2021-083

 Aye:

Absent: 1 – Kershner OPEN SESSION (20 MINUTES)

Council staff played a short instructional video about how to speak at the meeting.

The following people spoke:

· Seth Vidana

· Dena Jensen

· Warren Sheay

· David Spring

· Kelley Bouma

· Rachel Lindsay

· Kaylee Galloway

· Helga Deliban

· Shean Halley

· Natalie Chavez

· Jean Purcell

· Misty Flowers

· Michele Cameron

· Robert Bystrom

· Sara Rose

· June Bouma

· Ken Domorod

· Megan Wiseman

· Susan Prosser

· Hannah Ordos

· Daniel Johner

· Enoch Mann

· Wendy Harris

· Lindy McDonough

Hearing no one else, Buchanan closed the Open Session.

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Council Minutes – Final November 9, 2021

 CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

 1. AB2021-614

Aye:

Nay: Absent:

2. AB2021-615

Frazey reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items 1, 3, 4, and 5. Councilmembers voted on those items then considered Consent Agenda items 2 and 6 separately (see votes on individual items below).

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Maul Foster & Alongi, Inc. to finalize the Comprehensive Solid and Hazardous Waste Management Plan update in the amount of $20,000 for a total amended contract amount of $133,000

Frazey reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

5- Browne, Buchanan, Byrd, Donovan, and Frazey 1- Elenbaas

1- Kershner

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and City of Bellingham for partial funding of maintenance and operations of the Crisis Stabilization Center, in the amount of $65,000

  This item was considered separately. See motion and vote after Consent Agenda items below.

3. AB2021-642

Aye:

Nay: Absent:

4. AB2021-643

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Point Roberts Park and Recreation District No. 1 for usage of the District’s Community Center for senior programming, in the amount of $1,000

Frazey reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

5- Browne, Buchanan, Byrd, Donovan, and Frazey 1- Elenbaas

1- Kershner

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and City of Everson for use of building space at Everson City Hall for senior programming, in the amount of $500

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Minutes – Final November 9, 2021

 5.

Aye:

Nay: Absent:

AB2021-649

Aye:

Nay: Absent:

AB2021-653

Frazey reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

5- Browne, Buchanan, Byrd, Donovan, and Frazey

1- Elenbaas

1- Kershner

Resolution approving a salary schedule and policies for Unrepresented Whatcom County employees effective January 1, 2022 through December 31, 2022

Frazey reported for the Finance and Administrative Services Committee and moved that the Resolution be APPROVED. The motion carried by the following vote:

5- Browne, Buchanan, Byrd, Donovan, and Frazey 1- Elenbaas

1- Kershner

Enactment No: RES 2021-048

Request authorization for the County Executive to enter into a three year interlocal agreement among Whatcom County and the Port of Bellingham and City of Bellingham to provide economic development services and complete special projects that promote beneficial outcomes for the parties, in the amount of $2,084,322

 6.

 This item was considered separately. See motion and vote after Consent Agenda items below.

2. AB2021-615

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and City of Bellingham for partial funding of maintenance and operations of the Crisis Stabilization Center, in the amount of $65,000

Frazey reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. The motion was seconded by Browne.

Perry Mowery, Health Department, answered questions about how the funding will be ongoing, where the dollars have come from, what percentage of the Interfund Transfer was for the total annual maintenance expenses for the Crisis Stabilization Center, and whether there is more long-term funding now.

Frazey’s motion that the Interlocal be AUTHORIZED carried by the following vote:

5 – Browne, Buchanan, Byrd, Donovan, and Frazey

 Aye:

 Whatcom County

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Minutes – Final November 9, 2021

 6.

Request authorization for the County Executive to enter into a three year interlocal agreement among Whatcom County and the Port of Bellingham and City of Bellingham to provide economic development services and complete special projects that promote beneficial outcomes for the parties, in the amount of $2,084,322

Frazey reported for the Finance and Administrative Services Committee and moved that the Interlocal be HELD IN COMMITTEE for two weeks. The motion carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey 0

1 – Kershner

and Administrative Services Committee)

Ordinance amending Whatcom County Code Chapter 2.02 (County Council) to define absence and temporary disability

Frazey reported for the Finance and Administrative Services Committee and moved that the Ordinance be HELD IN COMMITTEE until the first meeting in February.

Satpal Sidhu, County Executive, stated he would give his input by December.

Councilmembers discussed the item.

Frazey’s motion that the Ordinance be HELD IN COMMITTEE until the first meeting in February carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey 0

1 – Kershner

Ordinance establishing the Ferry Fare Capital Surcharge Fund

Frazey reported for the Finance and Administrative Services Committee

and moved that the Ordinance be ADOPTED.

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Nay: Absent: Abstain:

AB2021-653

Aye:

Nay: Absent:

0 1 – 1 –

Kershner

Elenbaas

 OTHER ITEMS (From Council Finance 1. AB2021-594

  Aye:

Nay: Absent:

2. AB2021-599

Whatcom County

Council

Minutes – Final November 9, 2021

 Aye:

Nay: Absent:

3. AB2021-601

Aye:

Nay: Absent:

4. AB2021-609

Councilmembers discussed the fund and what dollars will go into it.

Frazey’s motion that the Ordinance be ADOPTED carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey 0

1 – Kershner

Enactment No: ORD 2021-068

Ordinance amending the 2021 Whatcom County Budget, request no. 17, in the amount of $4,967,500

Frazey reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

4- Browne, Buchanan, Donovan, and Frazey 2- Byrd, and Elenbaas

1- Kershner

Enactment No: ORD 2021-069

Ordinance amending Whatcom County Code Title 3 (Revenue and Finance), specifically Chapters 3.06 (Grants) and 3.08 (Purchasing System)

Frazey reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED.

Frazey thanked Browne for his work on the ordinance.

Frazey’s motion that the Ordinance be ADOPTED carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey 0

1 – Kershner

Enactment No: ORD 2021-070

Request authorization for the County Executive to enter into a contract between Whatcom County and Road2Home to operate the COVID Isolation and Quarantine Facility, in the amount of $159,275

Frazey reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the

  Aye:

Nay: Absent:

5. AB2021-613

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 6.

AB2021-616

Resolution adopting the Whatcom County Natural Hazards Mitigation Plan Frazey reported for the Finance and Administrative Services Committee

and moved that the Resolution be HELD IN COMMITTEE. Donovan stated a memo about this item would have been great.

Frazey’s motion that the Resolution be HELD IN COMMITTEE carried by the following vote:

Aye: 4-

Nay: 2- Absent: 1-

Browne, Buchanan, Donovan, and Frazey Byrd, and Elenbaas

Kershner

following vote:

 7.

AB2021-631

Enactment No: RES 2021-057

Request authorization for the County Executive to enter into a contract between Whatcom County and Aristo Healthcare Services to provide staffing at the COVID Isolation and Quarantine Facility, in the estimated amount of $200,000

Frazey reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion was seconded by Donovan. The motion carried by the following vote:

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey

Nay: 0

Absent: 1 – Kershner

 2. AB2021-675

Aye: 4-

Nay: 2- Absent: 1-

Browne, Buchanan, Donovan, and Frazey Byrd, and Elenbaas

Kershner

ITEMS ADDED BY REVISION

 Resolution adopting the Whatcom County Multi-jurisdictional Natural Hazards Mitigation Plan (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Frazey reported for the Finance and Administrative Services Committee and moved that the Resolution (FCZDBS) be HELD IN COMMITTEE for two weeks. The motion carried by the following vote:

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey Nay: 0

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Council Minutes – Final November 9, 2021 Absent: 1 – Kershner

Enactment No: RES 2021-058

OTHER ITEMS (Continued) (From Council Committee of the Whole)

  8. AB2021-612

Discussion and request for motion regarding County Council meeting broadcast on Bellingham public access television (BTV) and streaming on YouTube

Buchanan reported for the Committee of the Whole and stated there was consensus to have Councilmember Browne draft a letter to the Bellingham City Council and bring it back to the Council in two weeks.

 This agenda item was DISCUSSED. (No Committee Assignment)

9. AB2021-625

Resolution approving the 2021 Whatcom County Climate Action Plan The following people briefed the Councilmembers:

· Chris Elder, Public Works Department

· Ellyn Murphy, Climate Impact Advisory Committee

Buchanan moved and Donovan seconded that the Resolution be APPROVED.

Satpal Sidhu, County Executive, thanked the advisory committee, and proposed that there should be a county-wide plan and Cities can take up certain types of actions they would like to take within a coordinated effort.

Councilmembers and the speakers discussed the motion and whether some projects should be prioritized.

Browne moved to amend the motion to adopted the plan with a caveat that any suggestion that comes back to the Council must be costed.

Browne restated his motion that we adopt the Climate Action Plan but as the recommendations come to us they must have a good faith estimate of cost and a good faith estimate of return.

Councilmembers and the speakers discussed the motion to amend and Elenbaas seconded the motion.

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 10.

AB2021-658

Aye: 4-

Nay: 2- Absent: 1-

Browne, Buchanan, Donovan, and Frazey Byrd, and Elenbaas

Kershner

The motion to amend failed by the following vote: Aye: 3 – Browne, Byrd, and Elenbaas

Nay: 3 – Buchanan, Donovan, and Frazey

Absent: 1 – Kershner

Councilmembers discussed the main motion.

Buchanan’s motion that the Resolution be APPROVED carried by the following vote:

Enactment No: RES 2021-049

Resolution approving the naming of the Crisis Stabilization Facility as “The Anne Deacon Center for Hope”

Buchanan moved and Byrd seconded that the Resolution be APPROVED. Councilmembers discussed the motion and expressed that they love the

idea.

Satpal Sidhu, County Executive, described how the idea came to be and answered a question about an upcoming ceremony.

Buchanan’s motion that the Resolution be APPROVED carried by the following vote:

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey

Nay: 0

Absent: 1 – Kershner

Enactment No: RES 2021-050

 EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

  1. AB2021-629

Request confirmation of the County Executive’s appointments of Brian Hunter and Prakash Sundaresan to the Point Roberts Community Advisory Committee

Donovan moved and Frazey seconded that the Executive Appointment be CONFIRMED.

Councilmembers discussed the item.

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Minutes – Final November 9, 2021

 2.

AB2021-655

Request confirmation of the County Executive’s appointment of Roger Kubalek to the Agricultural Advisory Committee

Frazey moved and Byrd seconded that the Executive Appointment be CONFIRMED.

Satpal Sidhu, County Executive, answered who this individual is replacing on the Agricultural Advisory Committee and Councilmembers discussed the motion, why the Council confirms Executive appointments, and whether the Agricultural Advisory Committee is representative of the actual agricultural community.

Tyler Schroeder, Executive’s Office, answered a question about where to find the current committee members and whether the list is up to date.

Councilmembers and Sidhu continued to discuss the motion.

Frazey’s motion that the Executive Appointment be CONFIRMED carried by the following vote:

Prakash Sundaresan addressed the Council and introduced himself. Councilmembers voted on the item (see the vote below).

Satpal Sidhu, County Executive, spoke about the membership of this committee.

Donovan’s motion that the Executive Appointment be CONFIRMED carried by the following vote:

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey

Nay: 0

Absent: 1 – Kershner

 Aye: 6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey

Nay: 0

Absent: 1 – Kershner

ITEMS ADDED BY REVISION

 1. AB2021-668

Discussion and request for motion regarding the Justice Project (Public Health, Safety, and Justice Facility Needs Assessment)

Buchanan reported for the Criminal Justice and Public Safety Committee and moved that he be appointed to serve on the Stakeholder Advisory Committee to work on the Justice Facility Needs Assessment. The motion

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 was seconded by Browne.

The motion carried by the following vote:

Aye: 6 – Elenbaas, Frazey, Browne, Buchanan, Byrd, and Donovan Nay: 0

Absent: 1 – Kershner

This agenda item was DISCUSSED AND MOTION(S) APPROVED. INTRODUCTION ITEMS

 1. AB2021-627

Donovan moved to introduce agenda items 1 through 18.

Buchanan asked about agenda item number 8 (AB2021-606) and Dana Brown-Davis, Clerk of the Council, and Councilmembers discussed the recommendation from the Planning and Development Committee today. The file was forwarded to Council without a recommendation from the committee.

Donovan amended his motion and moved to introduce agenda items 1 through 7 and 9 through 18. The motion was seconded by Frazey. Councilmembers voted on the motion (see motion and votes on individual items below).

Councilmembers discussed AB2021-606 and what should be done with it, but no motion was made here (see item note below). They discussed it again during Committee Reports.

Ordinance Amending the Project Budget for the E. Smith/Hannegan Road Intersection Improvements Fund, Request No. 2

Donovan moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

 Absent: 2. AB2021-636

1 – Kershner

Enactment No: ORD 2021-077

Ordinance Establishing the Birch Bay Lynden Rd & Blaine Rd Intersection Improvements Fund and Establishing a Project Based Budget for the Birch Bay Lynden Rd & Blaine Rd Intersection Improvements Fund; CRP #906001

Donovan moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey Nay: 0

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 Aye:

Nay: Absent:

3. AB2021-637

Aye:

Nay: Absent:

4. AB2021-638

Aye:

Nay: Absent:

5. AB2021-640

Aye:

Nay: Absent:

6. AB2021-641

Whatcom County

6 – 0 1 –

Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey

Kershner

Enactment No: ORD 2021-078

Ordinance Establishing the Goshen Road/Anderson Creek Bridge No. 248 Replacement Fund and Establishing a Project Based Budget for the Goshen Road/Anderson Creek Bridge No. 248 Replacement Fund; CRP #920003

Donovan moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey 0

1 – Kershner

Enactment No: ORD 2021-079

Ordinance Establishing the North Fork Road/Kenney Creek Fish Passage Fund and Establishing a Project Based Budget for the North Fork Road/Kenney Creek Fish Passage Fund; CRP #919007

Donovan moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey 0

1 – Kershner

Enactment No: ORD 2021-080

Ordinance amending the 2022 Whatcom County Budget, request no. 2, in the amount of $12,007,450

Donovan moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey 0

1 – Kershner

Enactment No: ORD 2021-081

Ordinance Establishing the Jackson Road/Terrell Creek Bridge No. 81 Replacement

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 7.

Aye:

Nay: Absent:

AB2021-650

Aye:

Nay: Absent:

AB2021-606

Fund and Establishing a Project Based Budget for the Jackson Road/Terrell Creek Bridge No. 81 Replacement Fund; CRP #917004

Donovan moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey 0

1 – Kershner

Enactment No: ORD 2021-082

Ordinance amending Whatcom County Code (WCC) 3.08.060 (Purchasing System) to update the small public works roster process to award public works contracts under WCC 3.08.095 and to establish consulting services roster award process for architectural, engineering, and other professional services

Donovan moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey 0

1 – Kershner

Enactment No: ORD 2021-083

Ordinance adopting amendments to the Whatcom County Code Title 20, Zoning, to provide additional affordable housing options, including allowing and regulating tiny homes and allowing duplexes in planned unit developments

 8.

 AB2021-606 was considered separately. See note below.

9. AB2021-623

Aye:

Nay: Absent:

10. AB2021-628

Whatcom County

Ordinance Authorizing the Levy of Taxes for Countywide Emergency Medical Purposes for 2022

Donovan moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey 0

1 – Kershner

Enactment No: ORD 2021-073

Ordinance amending the 2022 Whatcom County Budget, request no. 1, in the amount

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 11. AB2021-630

Enactment No: ORD 2021-072

Ordinance Authorizing the Levy of Taxes for Conservation Futures Purposes for 2022

Donovan moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

of $50,655,096

Donovan moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey

Nay: 0

Absent: 1 – Kershner

 12. AB2021-632

Ordinance Authorizing the Levy of 2022 Property Taxes for County Road Purposes

Donovan moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey

Nay: 0

Absent: 1 – Kershner

 13. AB2021-633

Enactment No: ORD 2021-074

Ordinance Authorizing the Levy of Taxes for County and State Purposes in Whatcom County, Washington, for the Year of 2022

Donovan moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey

Nay: 0

Absent: 1 – Kershner

 Aye: 6 –

Nay: 0 Absent: 1 –

Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey Kershner

 Whatcom County

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Minutes – Final November 9, 2021

 14. AB2021-634

Enactment No: ORD 2021-075

Ordinance Limiting the 2022 General Fund Property Tax Levy

Donovan moved and Frazey seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

 15. AB2021-648

Enactment No: ORD 2021-076

Ordinance adopting amendments to WCC Title 20 (Zoning) regulating the production, processing, and retail sales of recreational marijuana in Whatcom County and repealing Ordinance No. 2021-066

16. AB2021-654

Resolution approving the Shoreline Management Program Periodic Update 2020

Donovan moved and Frazey seconded that the Resolution Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey

Nay: 0

Absent: 1 – Kershner

 This agenda item was INTRODUCED FOR PUBLIC HEARING. Aye: 6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey

Nay: 0

Absent: 1 – Kershner

 17. AB2021-622

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey

Nay: 0

Absent: 1 – Kershner

Enactment No: RES 2021-056

Resolution adopting the 2022 budget for the Whatcom County Flood Control Zone District and Subzones (Council acting as the Flood Control Zone District Board of Supervisors)

Donovan moved and Frazey seconded that the Resolution (FCZDBS) Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey Nay: 0

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Minutes – Final November 9, 2021

 18.

Absent:

AB2021-635

1 – Kershner

Enactment No: RES 2021-051

Resolution Authorizing the Levy of Taxes for the Whatcom County Flood Control Zone District for 2022

Donovan moved and Frazey seconded that the Resolution (FCZDBS) Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

 8.

AB2021-606

6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey Nay: 0

Aye: Absent:

1 – Kershner

Enactment No: RES 2021-052

Ordinance adopting amendments to the Whatcom County Code Title 20, Zoning, to

provide additional affordable housing options, including allowing and regulating tiny homes and allowing duplexes in planned unit developments

Councilmembers discussed what to do with this item but did not make a motion. See below in Committee Reports for motion.

This agenda item was WITHDRAWN.

 See motion and vote for this item under Committee Reports below.

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

Councilmembers gave committee reports.

They discussed AB2021-553 (Presentation from the Whatcom Mountain Bike Coalition on trail maintenance and the possibility of allowing for limited trail construction during seasonal closures), whether there will be more discussion at a later date, and whether the Council will have to take an action or make a recommendation.

Tyler Schroeder, Executive’s Office, stated it sounded like Eric Brown would come back again to the Public Works and Health Committee and discuss additional information, and if the Committee at that point wants to recommend staff from the Planning Department to coordinate with Public Works and Parks to look into options to bring back to Council, the Administration would be amenable to that.

Buchanan stated it will get scheduled in the Public Works and Health Committee at some point.

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Minutes – Final November 9, 2021

 Councilmembers discussed AB2021-605 (Discussion on proposed amendments to the Whatcom County Code Title 20 (Zoning) to provide additional affordable housing options).

Byrd stated he requested in committee that he get together with the stakeholders and Planning and Development Services staff then come back to the committee with a version that may resolve the questions they have had.

Dana Brown-Davis, Clerk of the Council, answered whether the discussion could just be held in Committee but stated the related Ordinance should be pulled from Introduction.

Donovan moved that AB2021-606 (Ordinance adopting amendments to the Whatcom County Code Title 20, Zoning, to provide additional affordable housing options, including allowing and regulating tiny homes and allowing duplexes in planned unit developments) be withdrawn from introduction. The motion was seconded by Elenbaas.

The motion carried by the following vote:

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey Nay: 0

Donovan asked about how long AB2021-605 would be held and Brown-Davis stated that the motion in Committee was to hold the discussion in

Committee until December 7.

Councilmembers continued committee reports. Motion approved 6-0 to withdraw AB2021-606 from Introduction.

ADJOURN

The meeting adjourned at 9:41 p.m.

The County Council approved these minutes on November 23, 2021.

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Minutes – Final

November 9, 2021

 ATTEST:

______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Barry Buchanan, Council Chair

 Whatcom County

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***********************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final

Tuesday, November 23, 2021 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=818391&GUID=D18D31A7-60CF-49D5-BA53-11F4891B1960&Options=info|&Search= ]

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010); AGENDA REVISED 11.22.2021 AND 11.23.2021

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final November 23, 2021

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Rud Browne, Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas,

Council Chair Barry Buchanan called the meeting to order at 6:02 p.m. in a virtual meeting.

 Carol Frazey, and Kathy Kershner Absent: None

FLAG SALUTE

ANNOUNCEMENTS

COUNTY EXECUTIVE’S REPORT

Satpal Sidhu, County Executive, reported on the recent flood.

Dana Brown-Davis, Clerk of the Council, stated she can send a notice that a quorum may be present at the upcoming Flood Response Community Meeting on November 24, 2021.

Sidhu answered a question about the weather forecast for another weather system coming this weekend and Councilmembers spoke about public response and perception in Canada and in Whatcom County, and discussing future policy changes.

MINUTES CONSENT

    1. MIN2021-084

Aye:

Nay: Absent:

2. MIN2021-085

Byrd moved to accept the minutes consent items. The motion was seconded by Donovan (see votes on individual items below).

Committee of the Whole Executive Session for November 9, 2021

Byrd moved and Donovan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Committee of the Whole for November 9, 2021

Byrd moved and Donovan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

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Minutes – Final November 23, 2021

 3.

MIN2021-086

Regular County Council for November 9, 2021

Byrd moved and Donovan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

PUBLIC HEARINGS

1. AB2021-628

Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Nay: 0 Absent: 0

 4.

MIN2021-087

Water Work Session for November 16, 2021

Byrd moved and Donovan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Nay: 0 Absent: 0

 Council staff played a short instructional video about how to speak at the meeting.

Ordinance amending the 2022 Whatcom County Budget, request no. 1, in the amount of $50,655,096

Buchanan stated there is a substitute version. He opened the Public Hearing and the following person spoke:

· Mark Ambler

Hearing no one else, Buchanan closed the Public Hearing.

Donovan moved and Frazey seconded that the SUBSTITUTE Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote:

Aye: 5 – Browne, Buchanan, Donovan, Frazey, and Kershner

Nay: 2 – Byrd, and Elenbaas Absent: 0

Enactment No: ORD 2021-072

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AB2021-622

Minutes – Final November 23, 2021

Resolution adopting the 2022 budget for the Whatcom County Flood Control Zone District and Subzones (Council acting as the Flood Control Zone District Board of Supervisors)

Buchanan opened the Public Hearing and the following person spoke: · Mark Ambler

Hearing no one else, Buchanan closed the Public Hearing.

Frazey moved and Browne seconded that the Resolution (FCZDBS) Requiring a Public Hearing be APPROVED.

Donovan moved to amend the ordinance to have an additional $75,000 into water planning operations for WRIA 1 technical studies. The motion was seconded by Frazey.

The motion to amend carried by the following vote:

Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Browne Nay: 0

Out of the Meeting: 1 – Kershner

Councilmembers discussed the main motion.

Frazey’s motion that the Resolution (FCZDBS) Requiring a Public Hearing be APPROVED AS AMENDED carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey 0

1 – Kershner

Enactment No: RES 2021-051

Ordinance Authorizing the Levy of Taxes for Countywide Emergency Medical Purposes for 2022

Buchanan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Byrd moved and Frazey seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote:

  3.

Aye:

Nay: Absent:

AB2021-623

Aye:

Nay: Absent:

 7 – 0 0

Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

 Whatcom County

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 4.

AB2021-630

Enactment No: ORD 2021-073

Ordinance Authorizing the Levy of Taxes for Conservation Futures Purposes for 2022

Buchanan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Donovan moved to consider the alternative proposal.

Dana Brown-Davis, Clerk of the Council, stated that if they consider the alternate it has to be introduced this evening and moved forward to December 7, 2021.

Donovan moved to introduce the alternative version (AB2021-733). The motion was seconded by Frazey.

Councilmembers discussed the motion and the process to dispose of this item (AB2021-630) before considering the alternate version.

Dana Brown-Davis, Clerk of the Council, clarified the process.

Donovan withdrew his motion and moved to adopt this ordinance (so they can amend it). The motion was seconded by Buchanan.

Donovan moved to amend the ordinance to substitute $100,000 for $0 and 8.6% for 0% in the following statement so that is reads: “is hereby authorized for the 2022 levy in the amount of $100,000, which is a percentage increase of 8.6% from the previous year.”

Councilmembers and Satpal Sidhu, County Executive, discussed the motion.

The motion to amend carried by the following vote: Aye: 4 – Frazey, Browne, Buchanan, and Donovan Nay: 3 – Elenbaas, Kershner, and Byrd

Donovan moved to approve the amended version for introduction this evening. The motion was seconded by Frazey.

The motion carried by the following vote:

Aye: 5 – Donovan, Frazey, Kershner, Browne, and Buchanan Nay: 2 – Elenbaas and Byrd

Clerk’s note: See AB2021-733 (alternate version as revised above) in the

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Minutes – Final November 23, 2021

 5.

AB2021-632

6.

AB2021-633

Ordinance Authorizing the Levy of Taxes for County and State Purposes in Whatcom County, Washington, for the Year of 2022

Buchanan opened the Public Hearing and, hearing no one, closed the Public Hearing.

The following people answered questions:

· Tyler Schroeder, Executive’s Office

· Brad Bennett, Administrative Services Department Finance

· Jon Hutchings, Public Works Department Director

· Satpal Sidhu, County Executive

They answered why the item is titled the way it is, why Exhibit A comes later, how much time the drainage districts have to get their information to the County, and whether these are up-to-date requests.

Frazey’s motion that the Ordinance Requiring a Public Hearing be

Items Added by Revision section below for action on that item.

This agenda item was DISCUSSED AND MOTION(S) APPROVED.

HEARD PUBLIC TESTIMONY.

Ordinance Authorizing the Levy of 2022 Property Taxes for County Road Purposes Buchanan opened the Public Hearing and the following person spoke:

· Mark Ambler

Hearing no one else, Buchanan closed the Public Hearing.

Byrd moved and Donovan seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Byrd addressed public comments.

Byrd’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0

Absent: 0

Enactment No: ORD 2021-074

 Aye:

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Minutes – Final November 23, 2021 ADOPTED carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: ORD 2021-075

Ordinance Limiting the 2022 General Fund Property Tax Levy

Buchanan opened the Public Hearing and, hearing no one, closed the Public Hearing.

Donovan moved and Byrd seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: ORD 2021-076

Resolution Authorizing the Levy of Taxes for the Whatcom County Flood Control Zone District for 2022

Buchanan opened the Public Hearing and the following person spoke: · Mark Ambler

Hearing no one else, Buchanan closed the Public Hearing.

Byrd moved and Kershner seconded that the Resolution (FCZDBS) Requiring a Public Hearing be APPROVED.

Byrd addressed public comments.

Byrd’s motion that the Resolution (FCZDBS) Requiring a Public Hearing be APPROVED carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: RES 2021-052

Resolution approving the Shoreline Management Program Periodic Update 2020

 7.

Aye:

Nay: Absent:

AB2021-634

Aye:

Nay: Absent:

AB2021-635

 8.

 Aye:

Nay: Absent:

AB2021-654

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 9.

AB2021-648

Enactment No: RES 2021-056

Ordinance adopting amendments to WCC Title 20 (Zoning) regulating the production, processing, and retail sales of recreational marijuana in Whatcom County and repealing Ordinance No. 2021-066

Cliff Strong, Planning and Development Services Department, briefed the Councilmembers.

Buchanan opened the Public Hearing and the following people spoke:

· Mark Ambler

· James McCray

· Doris Smith

· Melissa Wisener

Hearing no one else, Buchanan closed the Public Hearing.

Donovan moved and Frazey seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Councilmembers discussed the motion, whether it had been discussed in the Planning and Development Committee, and whether enforcement on a single bad actor might alleviate much of the Code re-write.

Kershner moved to refer to the Planning and Development Committee for more in-depth analysis and review. The motion was seconded by Byrd.

Councilmembers discussed the Ordinance and the motion and how marijuana farms compare to other types of farms.

Kershner amended her motion to refer the ordinance to Committee of the Whole and stated it could be discussed on December 7 if the schedule looks like it will accommodate it.

Dana Brown-Davis, Clerk of the Council, asked and Councilmembers discussed whether it should also be scheduled on the evening meeting agenda that night. She stated the current moratorium does not expire until April.

Councilmembers discussed how it should be scheduled and concurred that it should just be scheduled in Committee of the Whole and not in Council the same night.

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 Kershner’s motion that the Ordinance Requiring a Public Hearing be REFERRED TO COMMITTEE carried by the following vote:

Aye: 6 – Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Nay: 0 Absent: 0

Abstain: 1 – Browne

10. Resolution approving the Shoreline Management Program Periodic Update 2020

AB2021-654

Resolution approving the Shoreline Management Program Periodic Update 2020

Cliff Strong, Planning and Development Services Department, stated there are minor changes to the ordinance that need to be made; one in 23.60.030 “C” definitions under Commercial Development, Item 5 (change vacation rentals to short-term rentals) and one in Exhibit D, 23.60.190, Item 26 (delete the definition of short-term rentals). He stated he is asking that they hold the public hearing tonight and then on December 7th a resolution will be before the Council to approve this and authorize the Planning and Development Services Department to send it to the Department of Ecology.

Buchanan opened the Public Hearing and the following people spoke:

· Bill Geyer

· Dwayne Engelsman

Hearing no one else, Buchanan closed the Public Hearing.

Byrd moved to amend Section 16.16.900, Item 7 under “Qualified Professional” on page 128 of Exhibit F to read:

“7. Anyone who has had their professional licensure revoked or has had two (2) or more reports denied by the Hearing Examiner within a 12-month period does not meet the definition of a qualified professional or qualified consultant.”

The motion was seconded by Buchanan.

Councilmembers discussed the motion and the additional people also spoke:

 · ·

Cliff Strong

Ryan Ericson, Former Planning and Development Department

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 Byrd amended his motion to read:

“7. Anyone whose professional license is currently revoked or has had two (2) or more reports denied by the Hearing Examiner within a 12-month period does not meet the definition of a qualified professional or qualified consultant.”

The motion carried by the following vote:

Aye: 7 – Elenbaas, Frazey, Kershner, Browne, Buchanan, Byrd, and Donovan Nay: 0

The following people answered whether the resolution needs to be introduced again:

· Dana Brown-Davis, Clerk of the Council

· Karen Frakes, Prosecuting Attorney’s Office

Frakes suggested that the resolution be re-introduced just to be absolutely cautious.

Strong answered whether the scrivener’s errors previously mentioned will be included in the new version to be introduced.

Kershner moved to amend Section 16.16.900, Item 1 under “Qualified Professional” on page 128 of Exhibit F to read:

“1. Is listed on a roster of qualified professionals or qualified consultants prepared by the PDS Natural Resource SupervisorDirector and made available to the public”

The motion was seconded by Byrd.

Councilmembers discussed the motion.

The motion carried by the following vote:

Aye: 7 – Frazey, Kershner, Browne, Buchanan, Byrd, Donovan, and Elenbaas Nay: 0

Byrd moved to amend Section 16.16.612 “Exceptions to Regulation,” Subsection A, Item 1d on page 66 of Exhibit F to read:

“d. Do not score 56 or more points for habitat function based on the 2014 update to the Washington State Wetland Rating System for Western

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 Washington: 2014 Update (Ecology Publication #14-06-029, or as revised and approved by Ecology);”

The motion was seconded by Elenbaas.

Councilmembers discussed the motion with the following people:

· Cliff Strong

· Ryan Ericson

· Karen Frakes

They discussed the proposed amendment, whether changes should be made on the fly, and whether there would be an issue if this item were held.

Dana Brown-Davis, Clerk of the Council, stated if it needs to be introduced, then it will not be able to be adopted by the end of the year unless they introduce a new resolution tonight.

Councilmembers concurred to amend the resolution tonight, introduce an amended version tonight, then have it on the agenda for a public hearing and consideration on December 7, 2021.

The motion to amend carried by the following vote:

Aye: 6 – Kershner, Browne, Buchanan, Byrd, Elenbaas, and Frazey Nay: 1 – Donovan

Councilmembers discussed with staff whether they would also need to modify Section 16.16.225 “General Regulation,” Section B, Item 7.

Byrd moved to amend Section 23.40.125 Section E, Item 3 on page 143 of Exhibit D to read:

“3. Fill not associated with a development project is prohibited, except for the minimum necessary to access piers or other

structures that provide access to the water. Pier design should accommodate the connection between the pier and uplands by employing a pile-supported structure to the point of intersection with stable upland soils. Any fFill associated with a development project or aAny fill or excavation waterward of the OHWM requires a shoreline conditional use permit.”

The motion was seconded by Elenbaas.

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 Councilmembers and staff discussed the motion.

The motion failed by the following vote:

Aye: 0

Nay: 5 – Browne, Buchanan, Donovan, Frazey, and Kershner Abstain: 2 – Byrd and Elenbaas

Staff continued to answer questions.

This agenda item was DISCUSSED AND MOTION(S) APPROVED.

Enactment No: RES 2021-056

HEARD PUBLIC TESTIMONY.

Enactment No: RES 2021-056

OPEN SESSION (20 MINUTES)

Council staff played a short instructional video about how to speak at the meeting.

The following people spoke:

· James McCray

· Misty Flowers

· Ken Domorod

· Markis D Stidham

· Dannon Traxler

· Mark Ambler

· Melissa Wisener

· David Spring

· Jessica Mansfield

· Hannah Ordos

· John Lesow

· Richard Tran

· Shean Halley

· Natalie Chavez

· Nancy Bergman

· Helga Deliban

· Jean Purcell

· Gail Adderley

· Lindy McDonough

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 · ·

Mary Stidham Ashley Butenschoen

Hearing no one else, Buchanan closed the Open Session.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

 1. AB2021-662

Browne reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through nine. Councilmembers voted on those items (see votes on individual items below).

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Workforce Council to provide reimbursement of wages and benefits for eligible temporary employees working in various COVID-related positions, in the estimated amount of $165,000 for a total estimated contract amount of $495,000

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into a contract between Whatcom County and Lifeline Connections to provide jail behavioral health services, in the amount of $64,440

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner 1 – Elenbaas

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Whatcom Conservation District for Domestic-Municipal Water Use Efficiency Project assistance in the amount of $39,942 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

 Aye:

Nay: Absent:

2. AB2021-663

Aye:

Nay: Absent:

3. AB2021-669

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 4. AB2021-670

Request authorization for the County Executive to enter into a contract between Whatcom County and Julota to provide tracking and monitoring of services and care provided to individuals frequently seen by the GRACE and LEAD Programs, in the amount of $61,350

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Browne reported for the Finance and Administrative Services Committee and moved that the Contract (FCZDBS) be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner

Nay: 1 – Elenbaas Absent: 0

 5. AB2021-677

Request authorization for the County Executive to enter into a contract between Whatcom County and US Imaging, Inc., in the amount of $70,656.11

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner

Nay: 1 – Elenbaas Absent: 0

 6. AB2021-682

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and US Imaging, Inc. to complete the digital image enhancement project in the amount of $28,966.05 for a total amended contract amount of $156,966.05

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner

Nay: 1 – Elenbaas Absent: 0

 Aye: 6 – Nay: 1 –

Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Elenbaas

 Whatcom County

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 Absent:

7. AB2021-684

Aye:

Nay: Absent:

8. AB2021-686

Aye:

Nay: Absent:

9. AB2021-689

Aye:

Nay: Absent:

OTHER ITEMS (From Council Finance 1. AB2021-616

0

Resolution ordering the cancellation of unredeemed checks (warrants) more than one year old

Browne reported for the Finance and Administrative Services Committee and moved that the Resolution be APPROVED. The motion carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner 1 – Elenbaas

0

Enactment No: RES 2021-053

Resolution ordering the cancellation of accounts receivable incurred prior to 2020

Browne reported for the Finance and Administrative Services Committee and moved that the Resolution be APPROVED. The motion carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner 1 – Elenbaas

0

Enactment No: RES 2021-054

Request approval for the County Executive to enter into an interlocal cooperative purchasing agreement with Stevens County which will allow utilization of reciprocal competitively bid contracts, pursuant to RCW Chapter 39.34 Interlocal Cooperation Act

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner 1 – Elenbaas

0

and Administrative Services Committee)

Resolution adopting the Whatcom County Natural Hazards Mitigation Plan

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 2. AB2021-675

3. AB2021-653

Aye:

Nay: Absent:

4. AB2021-627

Aye:

Nay: Absent:

5. AB2021-636

Aye:

This agenda item was WITHDRAWN.

Enactment No: RES 2021-057

Resolution adopting the Whatcom County Multi-jurisdictional Natural Hazards Mitigation Plan (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

This agenda item was WITHDRAWN.

Enactment No: RES 2021-058

Request authorization for the County Executive to enter into a three year interlocal agreement among Whatcom County and the Port of Bellingham and City of Bellingham to provide economic development services and complete special projects that promote beneficial outcomes for the parties, in the amount of $2,084,322

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Ordinance Amending the Project Budget for the E. Smith/Hannegan Road Intersection Improvements Fund, Request No. 2

Browne reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: ORD 2021-077

Ordinance Establishing the Birch Bay Lynden Rd & Blaine Rd Intersection Improvements Fund and Establishing a Project Based Budget for the Birch Bay Lynden Rd & Blaine Rd Intersection Improvements Fund; CRP #906001

Browne reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

     Whatcom County

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Minutes – Final November 23, 2021

 Nay: Absent:

6. AB2021-637

Aye:

Nay: Absent:

7. AB2021-638

Aye:

Nay: Absent:

8. AB2021-640

Aye:

Nay: Absent:

0 0

Enactment No: ORD 2021-078

Ordinance Establishing the Goshen Road/Anderson Creek Bridge No. 248 Replacement Fund and Establishing a Project Based Budget for the Goshen Road/Anderson Creek Bridge No. 248 Replacement Fund; CRP #920003

Browne reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: ORD 2021-079

Ordinance Establishing the North Fork Road/Kenney Creek Fish Passage Fund and Establishing a Project Based Budget for the North Fork Road/Kenney Creek Fish Passage Fund; CRP #919007

Browne reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: ORD 2021-080

Ordinance amending the 2022 Whatcom County Budget, request no. 2, in the amount of $12,007,450

Browne reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: ORD 2021-081

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9. AB2021-641

Aye:

Nay: Absent:

10. AB2021-650

Aye:

Nay: Absent:

11. AB2021-667

Minutes – Final November 23, 2021

Ordinance Establishing the Jackson Road/Terrell Creek Bridge No. 81 Replacement Fund and Establishing a Project Based Budget for the Jackson Road/Terrell Creek Bridge No. 81 Replacement Fund; CRP #917004

Browne reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: ORD 2021-082

Ordinance amending Whatcom County Code (WCC) 3.08.060 (Purchasing System) to update the small public works roster process to award public works contracts under WCC 3.08.095 and to establish consulting services roster award process for architectural, engineering, and other professional services

Browne reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: ORD 2021-083

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Whatcom Conservation District for Lake Whatcom Homeowner Incentive Program assistance in the amount of $97,275.61

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED.

Councilmembers discussed who is managing this.

Browne’s motion that the Interlocal be AUTHORIZED carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Request approval for the County Executive to award Bid #21-68 for the purchase of

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    Aye:

Nay: Absent:

12. AB2021-680 Whatcom County

Council

Minutes – Final November 23, 2021

 80 each FN303 Mark 2 Less-Lethal Launchers, associated equipment, and related accessories to Arms Unlimited Incorporated, in an amount not to exceed $86,062.98

Browne reported for the Finance and Administrative Services Committee and moved that the Bid Award be AUTHORIZED.

Councilmembers discussed why the County is having to buy these.

Browne’s motion that the Bid Award be AUTHORIZED carried by the following vote:

Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Nay: 0 Absent: 0

(From Council Committee of the Whole)

13. AB2021-696

Approval to send letter to Mayor of Bellingham regarding reinstating BTV broadcast of County Council meetings

Councilmembers and Council staff discussed the version that they were considering.

Kershner moved to approve the amended version as voted on in Committee of the Whole. The motion was seconded by Donovan.

Councilmembers discussed the motion.

The motion carried by the following vote:

Aye: 7 – Frazey, Kershner, Browne, Buchanan, Byrd, Donovan, and Elenbaas Nay: 0

This agenda item was APPROVED AS AMENDED BY THE COUNCILMEMBERS.

 (No Committee Assignment)

14. AB2021-661

Request authorization for the County Executive to enter into the proposed settlement agreement in Whatcom Farm Bureau, et al. v. Whatcom County, GMHB Case No. 18-2-0001

Elenbaas stated he would recuse himself from the vote on this item.

Donovan moved and Frazey seconded that the Request for Motion be APPROVED. The motion carried by the following vote:

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 0

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Recused: 1 – Elenbaas ITEMS ADDED BY REVISION

  1. AB2021-728

Ordinance requesting that the Whatcom County Auditor include the question of establishing a Birch Bay Library Capital Facility Area to finance a new library facility in Birch Bay on the ballot at the February special election

Donovan moved and Browne seconded that the Ordinance be INTRODUCED.

Councilmembers and Dana Brown-Davis, Clerk of the Council, discussed whether it was on the ballot in the November election and the percentage of the vote it received.

Donovan’s motion that the Ordinance be INTRODUCED carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: ORD 2021-090

Ordinance (emergency) amending the 2021 Whatcom County Budget, request no. 20, in the amount of $500,000 to cover emergency response costs related to countywide flooding

Elenbaas moved and Browne seconded that the Ordinance be ADOPTED. Councilmembers discussed the motion.

Elenbaas’s motion that the Ordinance be ADOPTED carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: ORD 2021-084

Ordinance Authorizing the Levy of Taxes for Conservation Futures Purposes for 2022

Donovan moved and Browne seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried

 Aye:

Nay: Absent:

2. AB2021-732

 Aye:

Nay: Absent:

3. AB2021-733

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Minutes – Final

November 23, 2021

 by the following vote:

Aye: 4 – Browne, Buchanan, Donovan, and Frazey

Nay: 3 – Byrd, Elenbaas, and Kershner Absent: 0

Enactment No: ORD 2021-085

INTRODUCTION ITEMS

 1. AB2021-671

Donovan moved to introduce items one through five (AB2021-654 was added after the public hearing and discussion on that item earlier). The motion was seconded by Frazey (see votes on individual items below).

Ordinance Closing Sheriff’s Records Management System Project Fund 344

Donovan moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

 2. AB2021-673

Enactment No: ORD 2021-086

Ordinance Establishing the Northwest Annex Redevelopment Fund and Establishing a Project Based Budget for the Northwest Annex Redevelopment Project

Donovan moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner

Nay: 1 – Elenbaas Absent: 0

 3. AB2021-679

Enactment No: ORD 2021-087

Ordinance amending the 2021 Whatcom County Budget, request no. 18, in the amount of $7,038,925

Donovan moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

Aye: 6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner

Nay: 1 – Elenbaas Absent: 0

 Aye: 6 –

Nay: 1 – Absent: 0

Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Elenbaas

 Whatcom County

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Minutes – Final November 23, 2021

 4.

AB2021-681

Aye:

Nay: Absent:

AB2021-654

Aye:

Nay: Absent:

Enactment No: ORD 2021-088

Ordinance amending the 2022 Whatcom County Budget, request no. 3, in the amount of $1,144,763

Donovan moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner 1 – Elenbaas

0

Enactment No: ORD 2021-089

Resolution approving the Shoreline Management Program Periodic Update 2020

Donovan moved and Frazey seconded that the Resolution Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner 1 – Elenbaas

0

Enactment No: RES 2021-056

  COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

 ADJOURN

Councilmembers gave committee reports.

Elenbaas spoke about a waiver of fees for rebuild permits because of flooding from an earlier year and asked how that process was done, and Councilmembers and staff discussed waiving fees for rebuild and recovery in the unincorporated areas for the recent flood event. The following people spoke:

· Satpal Sidhu, County Executive

· Tyler Schroeder, Executive’s Office

Councilmembers and the speakers also discussed meeting in person and community support after the recent flood.

The meeting adjourned at 11:26 p.m.

The County Council approved these minutes on January 11, 2022.

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November 23, 2021

 ATTEST:

______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Barry Buchanan, Council Chair

 Whatcom County

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******************************************************

  Whatcom County

Council

COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010

Minutes – Final-REVISED

Tuesday, December 7, 2021 6 PM

Virtual Meeting

[ https://whatcom.legistar.com/MeetingDetail.aspx?ID=818400&GUID=5CBE53D5-85F0-4189-851D-149E42870BBF&Options=info|&Search= ]

VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT http://www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010); AGENDA REVISED 12.6.2021

COUNCILMEMBERS

Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner

CLERK OF THE COUNCIL

Dana Brown-Davis, C.M.C.

Council Minutes – Final-revised December 7, 2021

 COUNTY COUNCIL CALL TO ORDER

 ROLL CALL Present:

7 –

Rud Browne, Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas,

Council Chair Barry Buchanan called the meeting to order at 6:01 p.m. in a virtual meeting.

 Carol Frazey, and Kathy Kershner Absent: None

FLAG SALUTE ANNOUNCEMENTS

The Whatcom County Council and County Executive are seeking applications from county residents who want to participate on citizen advisory boards and committees that span a wide range of important local issues. Applications are due 10:00 a.m. on Tuesday, January 4, 2022. A complete list of vacancies is on the County website. Applicants must be residents and registered voters in Whatcom County, and must also meet the specific requirements of the positions.

SPECIAL PRESENTATION TO COUNCILMEMBER BROWNE

Buchanan presented a certification of recognition, gratitude, and appreciation to Councilmember Browne for his eight years of service as a Whatcom County Councilmember.

Browne read parting remarks into the record and fellow Councilmembers conveyed to him their thoughts, thanks, and best wishes.

Clerk’s note: Byrd joined the meeting sometime after 6 p.m.

Tyler Schroeder, Executive’s Office, also thanked Councilmember Browne

on behalf of the County Administration.

COUNTY EXECUTIVE’S REPORT

There was no Executive Report.

EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

1. AB2021-722 Request confirmation of the County Executive’s appointment of Allison Hunt, M.D. to serve as Whatcom County Medical Examiner

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 Browne moved and Donovan seconded that the Executive Appointment be CONFIRMED.

Allison Hunt, Whatcom County Medical Examiner appointee, introduced herself to the Councilmembers and answered whether she will continue to work for Skagit County.

Browne’s motion that the Executive Appointment be CONFIRMED carried by the following vote:

Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Nay: 0 Absent: 0

MINUTES CONSENT

 1. MIN2021-088

Kershner moved to accept the minutes consent items and thanked the former Medical Examiner. The motion was seconded by Donovan (see votes on individual items below).

Special Council for November 17, 2021

Kershner moved and Donovan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

 2. MIN2021-089

Committee of the Whole Executive Session for November 23, 2021

Kershner moved and Donovan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Nay: 0 Absent: 0

 Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Nay: 0 Absent: 0

SPECIAL PRESENTATION

1. AB2021-699 Report on the WHAT-COMM discussions related to consolidating the Fire/EMS and

Police 911 dispatch facilities

Browne briefed the Councilmembers.

Scott Korthuis, City of Lynden Mayor and What-Comm Administrative

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 Board, presented and he and Councilmembers discussed having two locations for redundancy in a natural disaster, looking at statistics for survival rate as well as response times compared to other counties, what the next step would be in considering consolidation, whether there is existing comparison of response times between Whatcom County and other counties, continuing the work on this issue, and improving recruitment and retention by having the best system in place.

This agenda item was PRESENTED AND DISCUSSED. PUBLIC HEARINGS

 1. AB2021-654

Council staff played a short instructional video about how to speak at the meeting.

Resolution approving the Shoreline Management Program Periodic Update 2020

Cliff Strong, Planning and Development Services Department, stated he did not have a report.

Buchanan opened the Public Hearing and the following people spoke:

· Bill Geyer

· Wendy Harris

· Dwayne Engelsman

Hearing no one else, Buchanan closed the Public Hearing.

Donovan moved and Browne seconded that the SUBSTITUTE Resolution Requiring a Public Hearing be APPROVED.

Kershner moved to remove 16.16.900 subsection (7) (Definitions), definition of “Qualified professional” on page 132 of Exhibit F. The motion was seconded by Elenbaas.

Karen Frakes, Prosecuting Attorney’s Office, answered whether it would be a substantial change and stated that if amended it would at least need to have another public hearing.

Councilmembers discussed the motion and staff answered whether the County has ever been sued for rejecting someone for the reasons stated in the subsection.

The motion failed by the following vote: Aye: 3 – Elenbaas, Kershner, and Byrd

  Whatcom County

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Minutes – Final-revised December 7, 2021

 2.

AB2021-733

Enactment No: RES 2021-056

Ordinance Authorizing the Levy of Taxes for Conservation Futures Purposes for 2022

Buchanan opened the Public Hearing and the following person spoke: · Wendy Harris

Hearing no one else, Buchanan closed the Public Hearing.

Frazey moved and Donovan seconded that the Ordinance Requiring a Public Hearing be ADOPTED.

Councilmembers discussed the motion.

Frazey’s motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote:

Nay: 4 – Donovan, Frazey, Browne, and Buchanan

Donovan’s motion that the SUBSTITUTE Resolution Requiring a Public

Hearing be APPROVED carried by the following vote: Aye: 4 – Browne, Buchanan, Donovan, and Frazey

Nay: 3 – Byrd, Elenbaas, and Kershner Absent: 0

 Aye: 4 – Browne, Buchanan, Donovan, and Frazey

Nay: 3 – Byrd, Elenbaas, and Kershner Absent: 0

Enactment No: ORD 2021-085

OPEN SESSION (20 MINUTES)

The following people spoke:

· Frank Lawrence III

· Misty Flowers

· Rachel Lindsay

· Melissa Wisener

· Markis D. Stidham

· Cliff (last name not given)

· Enoch Mann

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December 7, 2021

 · Sara Rose

· Jen Durant

· Natalie Chavez

· Shean Halley

· Nancy Bergman

· Jean Purcell

· Ken Domorod

· Wendy Harris

· David Spring

· (Name not given)

· Hannah Ordos

· Heather Katahdin

Hearing no one else, Buchanan closed the Open Session.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

 1. AB2021-685

Browne reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items 1-14. Councilmembers voted on those items (see votes on individual items below).

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Catholic Community Services to provide housing case management services in the amount of $336,678 for a total amended contract amount of $505,017

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

 2. AB2021-687

Aye:

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lydia Place to provide housing case management services in the amount of $377,158 for a total amended contract amount of $600,839

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Nay: 0 Absent: 0

  Whatcom County

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 Nay: Absent:

3. AB2021-688

Aye:

Nay: Absent:

4. AB2021-690

Aye:

Nay: Absent:

5. AB2021-691

Aye:

Nay: Absent:

6. AB2021-698

0 0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Youth Services to provide housing case management services in the amount of $357,542 for a total amended contract amount of $565,310

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and YWCA Bellingham to provide housing case management services in the amount of $78,565 for a total amended contract amount of $117,498

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lydia Place to provide emergency housing for families in the amount of $493,074 for a total amended contract amount of $847,996

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Request authorization to amend and extend the Master Collective Bargaining Agreement for the period January 1, 2022 – December 31, 2022

     Whatcom County

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 7. AB2021-701

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to operate the Whatcom Homeless Service Center in the amount of $1,650,248 for a total amended contract amount of $4,158,271

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Nay: 0 Absent: 0

 8. AB2021-702

Request authorization for the County Executive to enter into a contract between Whatcom County and Mount Baker Foothills Chamber and Visitor Center for operations and tourism, in the amount of $110,000

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Nay: 0 Absent: 0

 9. AB2021-705

Request authorization for the County Executive to enter into a contract between Whatcom County and Tune-Up Events, LLC to promote Whatcom County tourism in the amount of $50,000

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

Aye: 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

Nay: 0 Absent: 0

 Aye: 7 –

Nay: 0 Absent: 0

Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

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10. AB2021-706

Aye:

Nay: Absent:

11. AB2021-707

Aye:

Nay: Absent:

12. AB2021-710

Aye:

Nay: Absent:

13. AB2021-711

Aye:

Minutes – Final-revised December 7, 2021

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington Traffic Safety Commission for high visibility enforcement patrols, in the amount of $7,800.00

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington Traffic Safety Commission for high visibility enforcement patrols, in the amount of $15,000.00.

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Request authorization for the County Executive to enter into an agreement between Whatcom County and Bellingham Whatcom County Tourism for operational and tourism related activities in the amount of $290,000

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Request authorization for the County Executive to enter into an agreement between Whatcom County and Birch Bay Chamber of Commerce for operational costs associated with the visitor center in the amount of $110,000

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner

      Whatcom County

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Minutes – Final-revised December 7, 2021

 14.

Nay: Absent:

AB2021-739

Aye:

Nay: Absent:

0 0

Request authorization for the County Executive to enter into a three-year agreement, using the State of Washington contract, between Whatcom County and Insight Public Sector for the NeoGov Insight online recruitment software, in the amount of $47,610.25

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

 OTHER ITEMS

(From Council Natural Resources Committee)

 1. AB2021-743

Resolution eliminating the barriers to removing excess gravel from the Nooksack

River

Donovan reported for the Natural Resources Committee, noted that this

item is a substitute, and moved that the item be tabled. Councilmembers discussed the motion.

Donovan’s motion that the Resolution be tabled and HELD IN COMMITTEE carried by the following vote:

 7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0

Absent: 0

(From Council Finance and Administrative Services Committee)

2. AB2021-616 Resolution adopting the Whatcom County Natural Hazards Mitigation Plan

Browne reported for the Finance and Administrative Services Committee and moved that the Resolution be APPROVED. The motion carried by the following vote:

Aye:

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 Aye:

Nay: Absent:

3. AB2021-675

Aye:

Nay: Absent:

4. AB2021-671

Aye:

Nay: Absent:

5. AB2021-673

Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Elenbaas

6 –

1 –

0

Enactment No: RES 2021-057

Resolution adopting the Whatcom County Multi-jurisdictional Natural Hazards Mitigation Plan (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Browne reported for the Finance and Administrative Services Committee and moved that the Resolution (FCZDBS) be APPROVED. The motion carried by the following vote:

6 – Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner 1 – Elenbaas

0

Enactment No: RES 2021-058

Ordinance Closing Sheriff’s Records Management System Project Fund 344

Browne reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: ORD 2021-086

Ordinance Establishing the Northwest Annex Redevelopment Fund and Establishing a Project Based Budget for the Northwest Annex Redevelopment Project

Browne reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED.

The following people answered questions:

· Rob Ney, Administrative Services Department Facilities

· Tyler Schroeder, Executive’s Office

They answered whether a restaurant was included in the budget, whether

staff has encountered any kind of alternate proposal or opposition to

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Minutes – Final-revised December 7, 2021

 6.

Aye:

Nay: Absent:

AB2021-679

moving along with this plan, and whether any consideration is being given to offering the existing building to interested groups so they can relocate it.

Browne’s motion that the Ordinance be ADOPTED carried by the following vote:

7 – Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner 0

0

Enactment No: ORD 2021-087

Ordinance amending the 2021 Whatcom County Budget, request no. 18, in the amount of $7,038,925

Browne reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED.

Tyler Schroeder, Executive’s Office, answered a question about the shuffle of funding between the Public Defender and County Clerk, what the $1,068,925 from American Rescue Plan Act Funds (ARPA) are for and whether it is money that has already been spent.

Councilmembers discussed the motion.

Browne’s motion that the Ordinance be ADOPTED carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner 0

0

1 – Byrd

Enactment No: ORD 2021-088

Ordinance amending the 2022 Whatcom County Budget, request no. 3, in the amount of $1,144,763

Browne reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED.

Tyler Schroeder, Executive’s Office, answered whether they are agreeing to keeping the isolation and quarantine facility open until March, and whether they are using empty rooms for those who have lost their homes.

Councilmembers discussed the motion.

 7.

Aye:

Nay: Absent: Temp Absent:

AB2021-681

  Whatcom County

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Minutes – Final-revised December 7, 2021

 8.

Aye:

Nay: Absent: Temp Absent:

AB2021-683

Browne’s motion that the Ordinance be ADOPTED carried by the following vote:

4- Browne, Buchanan, Donovan, and Frazey 2- Elenbaas, and Kershner

0

1- Byrd

Enactment No: ORD 2021-089

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 $527,316 for a total amended contract amount of $790,974

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED.

Tyler Schroeder, Executive’s Office, answered whether the Opportunity Council helped displaced people find homes during the recent flood event, and if the Health Department audits whether the Opportunity Council hits the stated targets with the allotted amount of money.

Browne’s motion that the Contract be AUTHORIZED carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner 0

0

1 – Byrd

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Department of Commerce for less-than-lethal equipment, in the amount of $69,884.00

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED.

Councilmembers discussed the motion.

Browne’s motion that the Interlocal be AUTHORIZED carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner 0

 9.

Aye:

Nay: Absent: Temp Absent:

AB2021-716

 Aye: Nay:

 Whatcom County

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Minutes – Final-revised December 7, 2021

 Absent: Temp Absent:

10. AB2021-719

0

1 – Byrd

Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and Whatcom Conservation District for PIC Program support, in the amount of $826,182 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Browne reported for the Finance and Administrative Services Committee and moved that the Contract (FCZDBS) be AUTHORIZED.

Councilmembers discussed the motion.

Browne’s motion that the Contract (FCZDBS) be AUTHORIZED carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner 0

0

1 – Byrd

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Whatcom Conservation District for farm planning services and financial assistance, in the amount of $115,021 (Council acting as the Whatcom County Flood Control Zone district Board of Supervisors)

Browne reported for the Finance and Administrative Services Committee and moved that the Contract (FCZDBS) be AUTHORIZED.

Gary Stoyka, Public Works Department, answered whether they are using County funds to supplement the Conservation District.

Councilmembers discussed the motion.

Browne’s motion that the Contract (FCZDBS) be AUTHORIZED carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner 0

0

1 – Byrd

Request authorization for the County Executive to enter into an interlocal agreement with the Department of Natural Resources for Nooksack River lidar topographic and

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 Aye:

Nay: Absent: Temp Absent:

11. AB2021-721

 Aye:

Nay: Absent: Temp Absent:

12. AB2021-724 Whatcom County

Council

Minutes – Final-revised December 7, 2021

 13.

Aye:

Nay: Absent: Temp Absent:

AB2021-725

Aye:

Nay: Absent: Temp Absent:

AB2021-727

bathymetric mapping (Council acting as the Flood Control Zone District Board of Supervisors)

Browne reported for the Finance and Administrative Services Committee and moved that the Contract (FCZDBS) be AUTHORIZED.

Councilmembers discussed the motion.

Browne’s motion that the Contract (FCZDBS) be AUTHORIZED carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner 0

0

1 – Byrd

Request authorization for the County Executive to accept Midwest Employer Casualty renewal option 2 for insurance protection for the self-insured workers’ compensation program in 2022

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner 0

0

1 – Byrd

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Bellingham operating through the Bellingham Fire Department for administering a paramedic training program in the amount of $865,478

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED.

Mike Hilley, Emergency Medical Services (EMS) Manager, answered how many paramedics will get trained for this amount of money, whether we have a retention program that requires them to stay in Whatcom County once trained here, and whether this is retraining paramedics for lost positions because of the Mayor of the City of Bellingham’s and the State’s vaccine mandates.

 14.

  Whatcom County

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Council

Minutes – Final-revised December 7, 2021

 15.

Nay: Temp Absent:

AB2021-728

1 –

Ordinance requesting that the Whatcom County Auditor include the question of

Aye:

4 –

Browne, Buchanan, Donovan, and Frazey Elenbaas, and Kershner

2 – Absent: 0

Councilmembers discussed whether they should ask the City of Bellingham to pay for paramedic training because of vaccine mandates.

Elenbaas asked if he could move to amend the contract to rehire the people who left because of the mandate then fund this need accordingly for how many we need after that. There was not a formal motion.

The following people answered questions about what would need to happen if Elenbaas made that motion.

· Dana Brown-Davis, Clerk of the Council

· Tyler Schroeder, Executive’s Office

Councilmembers and staff discussed whether this falls under the State mandate, whether there is a decision that the City of Bellingham is making that other jurisdictions in Whatcom County are not, and whether the City mandate is making a difference in this situation.

Elenbaas moved to send this item to Governor Inslee’s office for him to fund. The motion was seconded by Kershner.

Hilley answered how many of these positions are positions needed regardless of the vaccine mandates.

Councilmembers discussed the motion.

The motion failed by the following vote:

Aye: 2 – Kershner and Elenbaas

Nay: 4 – Browne, Buchanan, Donovan, and Frazey Out of the Meeting: 1 – Byrd

Councilmembers and staff discussed the amount for the paramedic training and the main motion to approve.

Browne’s motion that the Interlocal be AUTHORIZED carried by the following vote:

Byrd

  Whatcom County

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Minutes – Final-revised December 7, 2021

 16.

Aye:

Nay: Absent: Temp Absent:

AB2021-729

Aye:

Nay: Absent:

establishing a Birch Bay Library Capital Facility Area to finance a new library facility in Birch Bay on the ballot at the February special election

Browne reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED.

Dana Brown-Davis, Clerk of the Council, answered whether there is anything else on the February ballot except for this library since elections carry a high cost.

Councilmembers discussed why it needs to be scheduled for February. The following people also spoke:

· Tyler Schroeder, Executive’s Office

· Christine Perkins, Whatcom County Library System Executive

Director

Perkins answered a question about the estimated cost of the election and how many registered voters there are in the area and explained why the item was scheduled to be on a February ballot.

Browne’s motion that the Ordinance be ADOPTED carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner 0

0

1 – Byrd

Enactment No: ORD 2021-090

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Fire Protection District No. 7 for reimbursement of wages and benefits for 3 paramedic students in an amount of $375,033

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. The motion carried by the following vote:

 5 – 1 – 0

Browne, Buchanan, Donovan, Frazey, and Kershner Elenbaas

 Whatcom County

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Minutes – Final-revised December 7, 2021

 Temp Absent:

17. AB2021-730

Aye:

Nay: Absent: Temp Absent:

18. AB2021-731

1 – Byrd

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and North Whatcom Fire and Rescue to reimburse the wages and benefits of 1 paramedic student in the amount of $120,275

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. The motion carried by the following vote:

5- Browne, Buchanan, Donovan, Frazey, and Kershner 1- Elenbaas

0

1- Byrd

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Bellingham working through the Bellingham Fire Department for reimbursement of personnel costs assocated with the hiring of up to six department lateral employees in the amount of $364,116

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED.

Mike Hilley, Emergency Medical Services (EMS) Manager, answered why there are different ordinances on this topic and how many people they are funding.

Councilmembers discussed the interlocal agreement.

Browne’s motion that the Interlocal be AUTHORIZED carried by the following vote:

  Aye:

Nay: Absent: Abstain: Temp Absent:

19. AB2021-734

4 – 1 – 0 1 – 1 –

Browne, Buchanan, Donovan, and Frazey Kershner

Elenbaas

Byrd

Request authorization for the County Executive to enter into an agreement between Whatcom County and Opportunity Council for providing a 5,000 square foot child care facility located in a qualified census tract in the amount of $1,000,000

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED.

  Whatcom County

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Council

Minutes – Final-revised December 7, 2021

 20.

Temp Absent:

AB2021-735

1 – Byrd

Request authorization for the County Executive to enter into an agreement between

Tyler Schroeder, Executive’s Office, answered whether the County had already funded the Opportunity Council for this center.

Councilmembers discussed whether children who come to these facilities will be required to be vaccinated with the COVID-19 vaccine.

Kershner moved all contracts, all money, all interlocal agreements going forward from Whatcom County should include a statement that there will be, under no circumstances, anybody mandated to take this vaccine in order to accept money from the County. The motion was seconded by Elenbaas.

Councilmembers discussed the motion.

Kershner withdrew her motion because it was out of order at this point in the meeting.

Elenbaas stated he would like to revisit the non-discrimination clause.

Browne’s motion that the Contract be AUTHORIZED carried by the following vote:

Aye: 5 – Frazey, Kershner, Browne, Buchanan, and Donovan

Nay: 1 – Elenbaas

Out of the meeting: 1 – Byrd

Elenbaas stated he would like to vote on the item again.

Buchanan moved to reconsider. The motion was seconded by Browne.

The motion to reconsider carried by the following vote:

Aye: 6 – Kershner, Browne, Buchanan, Donovan, Elenbaas, and Frazey Nay: 0

Out of the meeting: 1 – Byrd

Kershner moved and Donovan seconded that the Contract be AUTHORIZED. The motion carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0

Absent: 0

Aye:

  Whatcom County

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Council

Minutes – Final-revised December 7, 2021

 21.

Aye:

Nay: Absent: Temp Absent:

AB2021-736

Aye:

Nay: Absent: Abstain: Temp Absent:

AB2021-737

Whatcom County and Opportunity Council for the development of affordable housing for low-income households in Whatcom County in the amount of $3,000,000

Browne reported for the Finance and Administrative Services Committee and moved that the SUBSTITUTE Contract be AUTHORIZED.

Dana Brown-Davis, Clerk of the Council, stated that this is a substitute.

Tyler Schroeder, Executive’s Office, answered what is different between the substitute and the original.

Councilmembers discussed the motion and getting more information from the Opportunity Council about LLCs.

Browne’s motion that the SUBSTITUTE Contract be AUTHORIZED carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner 0

0

1 – Byrd

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Fire Protection District No. 7 to reimburse the District for training costs associated with lateral hires in the amount of $121,372

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. The motion carried by the following vote:

 22.

Request authorization for the County Executive to enter into a 9-year agreement between Whatcom County and Pictometry International Corporation for three oblique and orthogonal aerial imagery flights of western Whatcom County, in the amount of $489,600

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED.

5 – 0 0 1 – 1 –

Browne, Buchanan, Donovan, Frazey, and Kershner

Elenbaas

Byrd

  Whatcom County

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Council

Minutes – Final-revised December 7, 2021

 23.

Aye:

Nay: Absent: Temp Absent:

AB2021-738

Councilmembers discussed the motion.

Perry Rice, Administrative Services Information Technology Manager, answered what the aerial photographs are used for and what they are doing for our Information Technology department.

Browne’s motion that the Contract be AUTHORIZED carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner 0

0

1 – Byrd

Request authorization for the County Executive to enter into a contract between Whatcom County and Allison Hunt, M.D. for fulfilling the duties of Whatcom County Medical Examiner in the amount of $1,838,739

NOTE: A substitute contract was authorized by Councilmembers with a revised amount of $2,463,153 for an additional year of service.

Browne reported for the Finance and Administrative Services Committee and moved that the SUBSTITUTE Contract be AUTHORIZED.

Buchanan stated this is a substitute and Councilmembers discussed the difference between the two versions.

Tyler Schroeder, Executive’s Office, answered what the amount of money includes, who the Medical Examiner reports to, who a family member of the diseased can go to if there is an issue, and how this contract is the same as the contract for the former Medical Examiner.

Browne’s motion that the SUBSTITUTE Contract be AUTHORIZED carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner 0

0

1 – Byrd

Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Regional Council for nursing services in the jail in the amended amount of $85,816.00 for a total contract amount of $1,500,790.00

 24.

Aye:

Nay: Absent: Temp Absent:

AB2021-740

  Whatcom County

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Council

Minutes – Final-revised December 7, 2021

 Aye:

Nay: Absent: Temp Absent:

Browne reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner 0

0

1 – Byrd

(From Council Public Works and Health Committee)

25. AB2021-713

Aye:

Nay: Absent: Temp Absent:

Resolution in the matter of considering vacating an unnamed alley within the Plat of Lummi Park on Lummi Island

Frazey reported for the Public Works and Health Committee and moved that the Resolution be APPROVED. The motion carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner 0

0

1 – Byrd

Enactment No: RES 2021-059

 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

 1. AB2021-704

Request Council appointment of Eli Wainman to the Stakeholder Advisory Committee for the Justice Project

Browne moved and Kershner seconded that the applicant be APPOINTED. Councilmembers asked if the applicant was present but the applicant was

not present.

Browne’s motion that the Council Appointment be APPOINTED carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner 0

0

1 – Byrd

 Aye:

Nay: Absent: Temp Absent:

SPECIAL COUNCIL ONLY ITEM

  Whatcom County Page 21 Printed on 1/20/2022

Council 1.

AB2021-678

Minutes – Final-revised December 7, 2021

Approval of standing Special County Council meeting dates for 2022

Donovan moved and Frazey seconded that the Special Council Only Item be APPROVED BY THE COUNCILMEMBERS.

Councilmembers discussed the motion, whether the meeting dates can be put on Councilmembers calendars, and whether they are going to do a Council retreat.

Donovan’s motion that the Special Council Only Item be APPROVED BY THE COUNCILMEMBERS carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner 0

0

1 – Byrd

Appointment of members to serve on pro and con statement writing committees for a proposed ballot measure to establish a Birch Bay Library Capital Facility Area

Donovan moved and Frazey seconded that the applicants be APPOINTED.

Councilmembers and Dana Brown-Davis, Clerk of the Council, discussed that there was an updated list and there are three names on each side. Brown-Davis read the names into the record.

Donovan’s motion that the Applicants be APPOINTED carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner 0

0

1 – Byrd

  2.

Aye:

Nay: Absent: Temp Absent:

AB2021-745

 Aye:

Nay: Absent: Temp Absent:

ITEMS ADDED BY REVISION

 1. AB2021-747

Resolution to amend Resolution 2021-046 changing the dates of the CEDS report to 2022-2026

Browne moved and Donovan seconded that the Resolution be APPROVED.

Councilmembers discussed that these added items were added to the Finance and Administrative Services Committee and Browne reported for the committee.

  Whatcom County

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Council

Minutes – Final-revised December 7, 2021

 2.

Aye:

Nay: Absent: Temp Absent:

AB2021-748

Aye:

Nay: Absent: Temp Absent:

AB2021-749

Aye:

Nay: Absent: Temp Absent:

Tyler Schroeder, Executive’s Office, answered whether it was being pushed back one year.

Browne’s motion that the Resolution be APPROVED carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner 0

0

1 – Byrd

Enactment No: RES 2021-060

Request approval for the County Executive to award Bid #21-05 and enter into a contract between Whatcom County and Andgar Corporation for the 3rd Floor Judges’ Chambers HVAC project, in the amount $112,281.60

Browne reported for the Finance and Administrative Services Committee and moved that the Bid Award be AUTHORIZED. The motion carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner 0

0

1 – Byrd

Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Department of Social and Health Services for DSHS to reimburse for Court Commissioner’s Service

Browne reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. The motion carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner 0

0

1 – Byrd

 3.

 INTRODUCTION ITEMS

Elenbaas stated the recommendation from the Planning and Development Committee was to hold AB2021-606 in committee and moved to introduce items two and three. The motion was seconded by Browne (see votes on

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Council

Minutes – Final-revised December 7, 2021

 1. AB2021-606

2. AB2021-664

Aye:

Nay: Absent: Temp Absent:

3. AB2021-715

Aye:

Nay: Absent: Temp Absent:

individual items below).

Ordinance adopting amendments to the Whatcom County Code Title 20, Zoning, to provide additional affordable housing options, including allowing and regulating tiny homes and allowing duplexes in planned unit developments

This agenda item was WITHDRAWN.

Ordinance establishing a speed limit on a portion of Alderson Road

Elenbaas moved and Browne seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner 0

0

1 – Byrd

Ordinance granting Zayo Group, LLC, a franchise for the provision of telecommunications services

Elenbaas moved and Browne seconded that the Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote:

6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner 0

0

1 – Byrd

Enactment No: ORD 2022-001

   COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

  Whatcom County

Donovan moved to authorize the County Executive to move forward with and complete the acquisition of the property and continue to lease the project, as discussed in Executive Session, to the current tenants as long as the purchase price of the property does not exceed the amount in Executive Session. The motion was seconded by Kershner.

Councilmembers discussed the motion. The motion carried by the following vote:

Aye: 5 – Kershner, Browne, Buchanan, Donovan, and Frazey

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Minutes – Final-revised December 7, 2021

  Whatcom County

Nay: 1- Elenbaas

Out of the Meeting: 1 – Byrd

Councilmembers continued to give Committee Reports.

Tyler Schroeder, Executive’s Office, spoke about AB2021-693 (Discussion with Council regarding development of new EDI funded Workforce Housing program) and stated there was a motion this morning to approve the guidelines.

Browne reported for the Finance and Administrative Services Committee item AB2021-693 and moved to approve the guidelines for the Whatcom County EDI infrastructure improvements for Affordable Workforce Housing Program. This approval recognizes that the EDI board will be reviewing project specific proposals from developers using the guidelines as a framework. It is further recognized that the EDI Board can recommend approval of projects and modify the guidelines if the overall project aligns with the eligible use of the Fund and intent of the program. The motion was seconded by Donovan.

Councilmembers discussed the motion.

The motion carried by the following vote:

Aye: 6 – Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0

Out of the meeting: 1 – Byrd

Councilmembers continued committee reports.

Buchanan moved that the Incarceration Prevention and Reduction Task Force take on the Whatcom Public Health, Safety and Justice Initiatives into their workplan for 2022. The motion was seconded by Donovan.

The motion carried by the following vote:

Aye: 6 – Buchanan, Donovan, Elenbaas, Frazey, Kershner, and Browne Nay: 0

Out of the Meeting: 1 – Byrd

Councilmembers continued reports and discussed letters that Frazey received from 7th grade students with issues they are concerned about and whether the Council is ok with her responding to them.

Donovan moved and Buchanan seconded that Frazey respond to all the

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Council

Minutes – Final-revised December 7, 2021

 ADJOURN

letters.

Councilmembers discussed whether each of them should respond to some letters so that one person is not doing them all.

The motion carried by the following vote:

Aye: 6 – Donovan, Elenbaas, Frazey, Kershner, Browne, and Buchanan Nay: 0

Out of the Meeting: 1 – Byrd

Councilmembers said final goodbyes to Councilmember Browne since this is his last Council meeting and acknowledged that today is Pearl Harbor Day.

The meeting adjourned at 10:55 p.m.

The County Council approved these minutes on January 11, 2022. The County Council AMENDED these minutes on February 8, 2022.

 ATTEST:

______________________________ Dana Brown-Davis, Council Clerk

______________________________ Kristi Felbinger, Minutes Transcription

SIGNED COPY ON FILE

WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA

___________________________ Barry Buchanan, Council Chair

 Whatcom County

Page 26

Printed on 1/20/2022

***************************************************

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