Whatcom County Council

Compiled by Barry MacHale

Action Taken at April 12, 2022 Meeting

Shall the council:
92. Authorize the executive to sign a $60,000 contract (amendment #1) with Herrera Environmental Consultants of Seattle? The contract will expand the scope of work, timeline, and funding to complete the offsite buffer mitigation program feasibility study. The original contract was approved in December 2021. The total amended contract is $100,000; it expires on 1/3/1/2023. (AB2022-184) Approved 7-0

93. Authorize the executive to sign a $150,000 contract with the city of Bellingham? As a part of the Child and Family Action Plan the contract will fund access for families with young children to high quality early learning and day care, housing, and mental health care. The contract expires on 12/31/2022. (AB2022-194) Approved 7-0

94. Authorize the executive to accept a $250,000 state grant to identify local solutions for water availability issues? The grant will support the development and implementation of a collaborative process focused on identifying local solutions for water availability issues in the Nooksack Basin. The grant expires on 6/30/2023. (AB2022-197) Approved 7-0

95. Authorize the executive to accept a $100,000 state grant to plan for flood vulnerability and risk assessment? Whatcom County needs to assess sea level rise impacts along coastal shorelines. The Public Works Department along with the cities of Bellingham, Ferndale, and Blaine, the Port of Bellingham, Lummi Nation, the U.S. Geological Survey and Washington Sea Grant will use models of sea level rise, tidal, wave, and storm surge and stream discharge data to assess climate change vulnerabilities along marine and lower Nooksack River shorelines. The grant expires on 6/30/2023. (AB2022-202) Approved 7-0

96. Authorize the executive to sign a $159,613 contract (amendment #5) with the Opportunity Council to expand the scope of work, timeline, and funding to provide leasing specialist and intensive case management services? The original contract ran from 1/1/2019 to 12/31/2019. The purpose of the amendment is to increase funding and add two full-time case management positions. The total amended contract is $437,573; it expires on 12/31/2022. (AB2022-203) Approved 7-0

97. Authorize the executive to sign a $102,458 contract (amendment #1) with Axon Enterprises of Scottsdale, Arizona, to provide additional body-worn cameras and detective interview room cameras? At the 12/8/2020 meeting, vote #258, a contract for $381,438 was approved for body cameras to be worn by the sheriff’s deputies plus five-years of cloud storage and technical support. The purpose of this amendment is to add 18 additional body-worn and two detective room cameras. The total amended contract is $483,896; it expires on 1/14/2026. (AB2022-204) Approved 7-0

98. Authorize the executive to sign a $512,455 contract with the North Sound Behavioral Health Administrative Services Organization? As part of Law Enforcement Assisted Diversion programming (LEAD), the contract will provide funding for three full-time positions; two outreach and one intensive case management positions to serve people who are at risk of arrest or already have been involved in the criminal legal system. The contract expires when superseded. (AB2022-205) Approved 7-0

99. Fill a commercial forest landowner position vacancy on the Forestry Advisory Committee? The eleven-member committee provides review and recommendations to the council on issues that affect the forest industry, as well as serving as a forum for all sectors of the forestry community on related issues in Whatcom County. Members serve four-year terms, with a two-year limit. The council received one application. Appointed: Quentin Dills. Mr. Dills is the timberland manager at Nielsen Brothers, Inc. (AB2022-211) Approved 7-0

100. Authorize the executive to sign a  $115,027 contract (amendment #1) with the Whatcom Conservation District? (Council acting as the flood control district board of supervisors.) The contract will provide cost share funding to support emergency manure transfer and storage requirements related to the impacts of the November 2021 atmospheric river flood event, in support of the county pollution identification and control program. The total amended contract is $140,021; it expires on 1/31/2023. (AB2022-228) Approved 7-0

101. Vacate a portion of Horton Road? (Public hearing held.) One 5/5/2021, the city of Bellingham has submitted a petition to vacate 1.73 acres of the Horton Road right-of-way. At the 8/10/2021 meeting, vote #194, the council ordered the county engineer to investigate the petition and issue a report. The county engineer’s report favored the road vacation for the portion of Horton Road within the plat of the “Bakerview addition to the city of Bellingham.” The city will pay a fair market value of $12,975, accompanied by the penal sum of $790. AB2022-121 (Resolution 2022-016) Approved as amended 7-0

102. Vacate a portion of Boxwood Road? (Public hearing held.) One 5/5/2021, the city of Bellingham submitted a petition to vacate 1.73 acres of the Boxwood Road right-of- way. At the 8/10/2021 meeting, vote #194, the council ordered the county engineer to investigate the petition and issue a report. The county engineer’s report favored the road vacation for the portion of Horton Road within the plat of the “Bakerview addition to the city of Bellingham.” The city shall pay a fair market value of $12,975, accompanied by the penal sum of $790. AB2022-122 (Resolution 2022-017) Approved as amended 7-0

103. Establish guidelines for council appointments to judicial and legislature vacancies? The guidelines describe the details of the following process: (1) a vacancy is announced; (2) nominations are requested; (3) discussion and approval of the application process takes place; (4) notice of vacancy and application process is published for the public; (5) applications are received; (6) applicant materials are posted online; (7) candidate interviews are conducted; and (8) a vote to appoint is held by the council. AB2022-220 (Resolution 2022-018) Approved 7-0

104. Amend the Whatcom County Code relating to electoral precincts? (Public hearing held.) Adjust boundary lines based on decennial census results and recommendations from the state redistricting commission for the Legislative, Congressional and County Council districts. Section 1.14 is replaced in its entirety with newly-established voting precinct boundaries and substituted into the “Book of Election Precinct Maps;” available through the Whatcom County Council office and online through the election page at the Whatcom County auditor’s office homepage. AB2022-177 (Ordinance 2022-028) Adopted 7-0

105. Establish movement restrictions on E. Hemmi Road at the intersection with Hannegan Road? (Public hearing held.) The Meridian School District has requested left turns be prohibited from westbound E. Hemmi Road to southbound Hannegan Road and through movements shall be prohibited from westbound E. Hemmi Road to westbound E. Hemmi Road at the intersection with Hannegan Road from 8:30 a.m. to 10:30 a.m. And 3:00 p.m. to 4:30 p.m. during the school year. AB2022-162 (Ordinance 2022-029) Adopted 7-0

106. Remove a school speed zone on Hannegan Road? (Public hearing held.) The Meridian School District has requested that the county remove the 35 mph speed limit from 500 feet north of Ten Mile Road to E. Hemmi Road. No children walk or bicycle to school along this route and the school district offers bus service to all students. The sheriff’s office traffic sergeant and the county engineer support the request. AB2022-163 (Ordinance 2022-030) Adopted 7-0

107. Establish parking control on Eddie Lane within the plat of Whisper Lake? (Public hearing held.) A “no parking anytime” zone will be established on the north side of Eddie Lane from State Route 548/Blaine Road westerly to the cul-de-sac. The county engineer is directed to install the appropriate signage. AB2022-164 (Ordinance 2022-031) Adopted 7-0

108. Establish a speed limit within the plat of Whisper Lake? (Public hearing held.) The development engineer has determined that a speed limit of 25 mph be adopted on all roads within the plat of Whisper Lake. The county engineer is directed to install the appropriate signage. AB2022-165 (Ordinance 2022-032) Adopted 7-0

109. Install a stop sign within the Plat of Whisper Lake? (Public hearing held.) The county engineer’s office has determined that a stop sign be installed to help control traffic at the eastbound intersection of Eddie Lane and State Route 548/Blaine Road. The county engineer is directed to install the appropriate signage. AB2022-166 (Ordinance 2022-033) Adopted 7-0

110. Amend the Whatcom County Code related to the Board of Equalization? Washington state law requires that counties maintain a board of equalization that is not less than three members or more than seven, including alternates. The amendments address membership, terms, and compensation. The Whatcom County Board of Equalization will consist of five members, one position for each council district and two at-large alternates, serving three-year terms. Compensation will be provided at a rate of $75 per day of attendance at a meeting of the board. AB2022-190 (Ordinance 2022-034) Adopted 7-0

Action Taken at April 26, 2022 Meeting

Shall the council:
111. Authorize the executive to sign a $153,350 contract (amendment #4) with the Northwest Regional Council of Bellingham? The contact was initially approved at the 12/3/2019 meeting, vote #286. This amendment will provide health care/nursing services at the main jail, work center and juvenile detention. It will increase the hourly compensation for registered nurses from $67.30 to $75.55. The total amended contract is $1,695,756; it expires on 12/31/2022. (AB2022-208) Approved 6-1, Ben Elenbaas opposed.

112. Authorize the executive to accept a $4 million state grant to fund the Way Station project? At the 9/29/2020 meeting, vote #166, a capital campaign was initiated for the construction of the the Way Station. The project site is located at 1500 State Street in Bellingham and is a collaborative effort between PeaceHealth, Unity Care Northwest, and the Opportunity Council to provide recuperative respite care, health care and hygiene services, and case management for unsheltered individuals. The grant will renovate the existing facility; it expires on 6/30/2023. (AB2022-212) Approved 6-1, Ben Elenbaas opposed.

113. Authorize the executive to accept a $3,000 state grant to support sexual assault investigations? The state attorney general awarded the sheriff’s office a federal grant to purchase a refrigeration unit to store DNA samples from sexual assault investigation kits. It expires on 9/30/2022. (AB2022-230) Approved 6-1, Ben Elenbaas opposed.

114. Authorize the executive to sign a $56,801 contract (amendment #4) with the Opportunity Council to provide case management and supportive services to individuals and households experiencing or at-risk of experiencing homelessness? The original contract ran from 7/1/2021 to 12/31/2021. The purpose of the amendment is to increase funding for case management services for indigent military veterans living in Whatcom County. The total amended contract is $585,237; it expires on 12/31/2022. (AB2022-234) Approved 6-1, Ben Elenbaas opposed. 

115. Authorize the executive to sign a contract not to exceed $140,000 with Bird’s Eye Medical of Tumwater? The contract will provide Covid-19 vaccine administration services at community vaccine clinics. The contract expires on 7/1/2022. (AB2022-242)  Approved 6-1, Ben Elenbaas opposed.

116. Authorize the executive to sign a two-year contract not to exceed $427,127 with the city of Bellingham? The contract will provide funding for the Alternative Response Team pilot program, a collaborative effort between law enforcement, emergency medical responders, and social services providers to reduce impact of heavy consumers of these services through the creation of individualized plans. The contract amount is $167,917 in 2022 and $259,210 in 2023; it expires on 12/31/2023. (AB2022-243) Approved 6-1, Ben Elenbaas opposed.

117. Authorize the executive to sign a contract not to exceed $272,196 with the Opportunity Council? The contract will provide funding for supplemental pay premiums to eligible staff providing direct housing and homeless services to clients. The contract expires on 9/15/2022. (AB2022-244) Approved 5-2, Tyler Byrd and Ben Elenbaas opposed.

118. Authorize the executive to sign a $109,500 contract with Pacific Security (Parker Corporate Services) of Bellingham to provide security screening service at the Whatcom County Courthouse? At the 9/13/2005 meeting, vote #172, the first contract for security screening for Courthouse employees and visitors was awarded to Olympic Security Services of Tukwila. This contract expires on 12/31/2022. (AB2022-245) Approved 6-1, Ben Elenbaas opposed.

119. Authorize the executive to sign a contract not to exceed $140,612 with Northwest Youth Services of Bellingham? The contract will provide funding for supplemental pay premiums to eligible staff providing direct services to clients seeking housing and homeless services. To be eligible, employees must work 80 or more hours in direct service in the 30 days prior to the end of the premium period.The contract expires on 9/15/2022. (AB2022-250) Approved 5-2, Tyler Byrd and Ben Elenbaas opposed.

120. Authorize the executive to apply for a $255,500 state grant for the Black Slough comprehensive barrier removal design project? (Council acting as the flood control zone board of supervisors.) The application will be submitted to the Brian Abbott Fish Barrier Removal Board. The project will replace seven culverts that affect the passage of Chinook salmon and other fish on the South Fork of the Nooksack River northeast of Acme. AB2022-193 (Resolution 2022-019) Approved 7-0

121. Amend the 2022 Flood Control Zone District & subzones budget (request #2) in the amount of $110,000? (Council acting as the flood control zone board of supervisors.) Appropriate: $110,000 to fund the development by Public Works of a multi-jurisdictional team to conduct a climate vulnerability assessment of Whatcom County marine and riverine shorelines to sea level rise, tidal, wave, storm surge, and stream discharge impacts. The assessment is a component of the Whatcom County Climate Action Plan. AB2022-217 (Resolution 2022-020) Approved 7-0

122. Amend the membership of the Stakeholder Advisory Committee for a public health, safety, and justice (jail) facility in Whatcom County? At the 2015 and 2017 general elections, voters opposed a sales tax increase to construct a new county jail. At the 8/7/2019 meeting, vote #176, council adopted a statement expressing planning principles for meeting community behavioral health needs and for professional needs assessment services. The council established a 23-member committee at the 12/3/2019 meeting, vote #288, and expanded the membership to 36 at the 2/11/2020 meeting, vote #33. The committee’s function is to guide the development of a needs assessment for a new jail facility and serve as liaisons to the community during that public process. This amendment will add one position each representing the Public Defender’s and Prosecuting Attorney’s offices and increase the committee from 36 to 38 members The committee has held two meetings, after meeting three is held the vacated council-appointed positions will no longer be eligible to be filled. AB2022-256 (Resolution 2022-021) Approved 7-0

123. Adopt regulations for forest practices relating to the Growth Management Act (GMA)? (Public hearing held.) This ordinance adds zoning code amendments to the Whatcom County Code relating to the transfer of regulatory authority from the state department of natural resources to the county and the regulation of forest practices in urban growth areas by the county. AB2022-206 (Ordinance 2022-035) Adopted 7-0

124. Amend the Whatcom County Comprehensive Plan relating to capital facilities planning? (Public hearing held.) This amendment adds two projects to the chapter related to parks, trails, and activity centers. The projects to be added include: the Hovander Park-Tennant Lake/Lookout Mountain Road flood repair and mitigation improvements. AB2022-214 (Ordinance 2022-036) Adopted 7-0

125. Amend the C-PACER program? (Public hearing held.) At the 7/13/2021 meeting, vote #164, the council adopted the Commercial Property Assessed Clean Energy and Resiliency (C-PACER) program. The lending program is designed to incentivize non-governmental financing for property owners to develop and implement clean energy and resiliency projects for agricultural, commercial, industrial, or multi-family buildings. This amendment updates code language to make it compliant with recent state legislation. AB2022-221 (Ordinance 2022-037) Adopted 7-0

126. Amend the project budget for the Swift Creek capital projects fund (request #1) in the amount of $2,041,000? At the 7/24/2018 meeting, vote #120, council established the Swift Creek Sediment Management Fund and at the 2/12/2019 meeting, vote #36, council entered into a $966,275 contract with Herrera Environmental Consultants of Seattle for preliminary project design services. At the 3/24/2020 meeting, vote #55, the council established the $5,217,159 capital projects fund. The state Legislature has appropriated $6.4 million for the Sumas Mountain/Swift Creek project. Swift Creek transports naturally-occurring asbestos and heavy metals eroding from Sumas Mountain into the Sumas River where it is deposited in channel banks and floodplains within Whatcom County, creating health risks for residents. The total project budget is $7,258,159. AB2022-215 (Ordinance 2022-038) Adopted 7-0

127. Amend the Way Station project fund (request #1) in the amount of $5,708,388? At the 2/22/2022 meeting, vote #67, the council established a $2,384,322 project-based budget. The building at 1500 N. State Street is currently used by the Health Department, by the medical examiner and county morgue, EMS administration, Grace and LEAD programs. The fund will be used to renovate the building to service homeless individuals who are either living in shelters or are unsheltered. The total project fund is $8,092,710. AB2022-219 (Ordinance 2022-039) Adopted 7-0

128. Amend the 2022 budget (request #7) in the amount of $6,246,353? Appropriated: $10,000 to fund a climate vulnerability assessment for Whatcom County; $79,000 to fund increased Public Defender service costs related to coronavirus and the Blake case; $100,000 to fund the Lookout Mountain repair project; $123,536 to fund Operation Stonegarden border security operations; $9,292 to fund sheriff’s office purchase of “stop sticks;” $3,000 in grant proceeds to fund refrigerators that preserve DNA evidence in sexual assault kits; $153,350 to fund an increase in jail nursing staff wages; $1,597,000 to fund an expansion of housing support services; $398,686 to fund repair projects at Hovander Park and Lookout Mountain; $3,475,000 to fund economic development loans and grants for: the Port of Bellingham rural broadband project; the Bellingham Housing Authority Samish Way project; and the city of Lynden Front Street project; $40,000 to fund an increase in security screening services for the Courthouse; $176,682 fund a 2 FTE staffing increase in support of the JD Edwards financial system upgrade; $80,807 to fund a new senior purchasing coordinator position in the Finance Department. AB2022-225 (Ordinance 2022-040) Adopted 7-0

129. Amend membership and term of office in the Forestry Advisory Committee? The committee provides review and recommendations to the council on issues that affect the forestry industry and serves as a forum for all sectors of the forestry community in Whatcom County. Roughly 87 percent of all privately owned commercial forestland in the county is owned by timber companies with headquarters outside of Whatcom County that may not have representatives that can meet residency requirements. This amendment will waive the requirement that members of the committee in positions representing the forestry industry are registered Whatcom County voters. AB2022-224 (Ordinance 2022-041) Adopted 7-0  

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