Whatcom County Council

Compiled by Barry MacHale

Action Taken at July 11, 2023 Meeting

Shall the council:
166. Authorize the executive to sign a $172,464 contract (amendment #2) with the Arc of Whatcom County? The contract will provide information, education and family support services to individuals with developmental disabilities, their families and the general public. At the 6/15/2021 meeting, vote #135, the original contract for $150,616 was approved. The purpose of the amendment is to extend the contract period and the contract is increased by $15,400. The total amended contract is $480,144; it expires on 6/30/2024 (AB2023-411) Authorized 6-0, Kathy Kershner absent.

167. Authorize the executive to accept a $135,992 grant from the Washington Association of Sheriffs and Police Chiefs? The state of Washington money is funneled through the Criminal Justice Training Commission to the Association of Sheriffs and Police Chiefs. All sex/kidnapping offenders are required to register their addresses with a statewide sex offender database. This grant will fund personnel costs associated with verifying the address and residency of all registered sex offenders and kidnapping offenders.  The grant expires on 6/30/2024. (AB2023-413) Authorized 6-0, Kathy Kershner absent.

168. Confirm the executive’s appointment of Sheli Moore to the Parks and Recreation Commission? The purpose of the commission is to advise the Parks and Recreation director on parks, recreation, and senior services issues. Sheli Moore is currently employed as a bookkeeper and serves as a Blaine-Birch Bay Parks & Recreation commissioner for District 2. (AB2023-417) Confirmed 6-0, Kathy Kersnher absent.

169. Authorize the executive to accept a $5,459,497 state grant to provide services for individuals with development disabilities? Funding will support employment and community access programs for adults with developmental disabilities, child development services for children aged birth to three years, and community information and training. An estimated 340 children and 388 adults are authorized to receive services monthly. The grant expires on 6/30/2025. (AB2023-419) Authorized 6-0, Kathy Kershner absent.

170. Authorize the executive to sign a $69,997 contract with Environmental Science Associates of Seattle to complete a climate vulnerability assessment? The assessment will specifically focus on public health impacts of extreme heat and wildfire smoke on residents of Whatcom County. The results will guide infrastructure, program and policy decisions to enhance and promote health equity. The assessment will be funded by a state grant from the Foundational Public Health Services. (AB2023-421) Authorized 6-0, Kathy Kershner absent.

171. Authorize the executive to accept a $1,478,994 state grant to provide funding for the Whatcom County Pollution Identification and Correction Program? (Council acting as the flood control district board of supervisors.) The program will address fecal bacteria sources during critical environmental conditions and in hot spots impacting areas with tribal, commercial, or recreational shellfish harvest closures or declining water quality in Drayton Harbor, Portage Bay, Lummi Bay, and Birch Bay. The grant expires on 12/31/2025. (AB2023-424) Authorized 6-0, Kathy Kershner absent.

172. Authorize the executive to sign a contract not to exceed $100,000 with Drayton Archaeology of Blaine to provide work on an “as requested” basis only? The contract will provide a licensed professional archaeologist/historical cultural resources consultant and appropriate technical support/survey field personnel for cultural resources services. The contract expires on 7/31/2024. (AB2023-426) Authorized 6-0, Kathy Kershner absent.

173. Authorize the executive to sign four contracts (amendment #3) — totaling $4,480,431 — to provide supported employment and community inclusion services to eligible individuals with developmental disabilities? The original contracts — totaling $3,427,825 — were approved at the 6/29/2021 meeting, vote #152. This vote is with the same contractors: Cascade Connections ($1,657,818); Kulshan Supported Employment ($1,547,837); Washington Vocational Services ($295,353); and Work Opportunities ($979,423). The purpose of these amendments is to extend the contract period for one year. The contract for all expires on 6/30/2024. (AB2023-428/429/430/431) Authorized 6-0, Kathy Kershner absent.

174. Confirm the executive’s appointment of Ryan Corley to the Bicycle Pedestrian Advisory Committee? The committee assists the county in the planning, funding, development, and implementation of facilities and programs that promote and support bicycle and pedestrian travel. Ryan Corley is healthcare data scientist and bicycle recreationist. (AB2023-432) Confirmed 6-0, Kathy Kersnher absent.

175. Authorize the executive to sign a $63,531 contract with Pacific Surveying and Engineering Services of Bellingham to evaluate the current stormwater system and determine future improvements at the central shop facility? The contract will produce a design that meets federal, state and local requirements. The project is mandated by the state to bring the site back within compliance within the Industrial Stormwater General Permit. The contract expires on 11/1/2023. (AB2023-440) Authorized 6-0, Kathy Kershner absent.

176. Authorize the executive to sign a $65,000 contract with RE Sources of Bellingham for countywide waste reduction and recycling education programs for schools districts and interested organizations? The program will focus on waste prevention, recycling, composting, household hazardous waste, and proper waste disposal. The contract will expire on 8/31/2024. (AB2023-442) Approved 4-2, Tyler Byrd and Ben Elenbaas opposed, Kathy Kershner absent.

177. Authorize the executive to accept a $10,543,379 state grant to provide resources to assist people who are experiencing or at risk of homelessness, to obtain and maintain housing stability? The grant funds priorities outlined in the Whatcom County plan to end homelessness and is passed through to partner agencies that provide housing-related services. While this is a new grant agreement, the county has been receiving state homeless grant funds since 2012. The grant expires on 6/30/2025. (AB2023-444) Authorized 6-0, Kathy Kershner absent.

178. Authorize the executive to sign a $1,000,000 contract (amendment #1) with the Bellingham Food Bank to increase the compensation for the purchase of bulk foods? Source of the the funding is the American Rescue Plan. The original contract for $500,000 was approved at the 9/13/2022 meeting, vote #228. Food will be distributed to Whatcom County residents accessing services at the following food banks: Bellingham, Blaine, Ferndale, Deming (Foothills), Everson Nooksack, Lynden (Project Hope), Lummi Nation, Nooksack Tribal, Point Roberts, and the Salvation Army. The purpose of the amendment is to add funding and extend the agreement. The total amended contact is $1,500,000; it expires on 12/31/2024. (AB2023-450) Authorized 6-0, Kathy Kershner absent. 

179. Authorize the executive to accept a $150,000 federal grant (amendment #6) to fund Covid-19 pandemic prevention and response services for individuals and families who are experiencing homelessness? The original contract for $494,112 was approved at the 8/5/2020 meeting, vote #141. The total amended contract is $4,744,770; it expires on 9/30/2023. (AB2023-452) Authorized 6-0, Kathy Kershner absent. 

180. Submit to Whatcom County voters a proposal authorizing the collection of a sales and use tax of two-tenths of one percent for the purpose of funding public health, safety and justice facilities (jail)? (Public hearing held.) The proposition will appear on the 11/8/2023 general election ballot. AB2023-415 (Ordinance 2023-039) Amended and adopted 5-1, Todd Donovan abstained, Kathy Kershner absent.

181. Amend the county code relating to flotation devices on the South Fork of the Nooksack River? (Public hearing held.) The changes to the code will prohibit canoes, innertubes, limb-propelled inflatable/foam flotation devices, kayaks, paddleboards, and rubber rafts from June 1 and October 31 in order to protect Endangered Species Act-listed Chinook salmon and honor tribal fishing rights. Exceptions are allowed for emergency or other law enforcement purposes. This ordinance will be in effect until the number of early Chinook natural-origin spawners reach 50 percent of the recovery goal of 9,900. AB2023-416 (Ordinance 2023-040) Amended and adopted 4-2, Tyler Byrd and Ben Elenbaas opposed, Kathy Kershner absent.

 Action Taken at July 25, 2023 Meeting

Shall the council:
182. Authorize the executive to accept a $275,075 grant for technical assistance and education outreach to small businesses? This grant will finance a Pollution Prevention Assistance Specialist to provide technical assistance and outreach to small businesses to eliminate toxic pollution order to protect the water quality in Puget Sound. The grant expires on 6/30/2025. (AB2023-453) Authorized 7-0

183. Authorize the executive to sign an agreement with the City of Bellingham for enforcement patrols to prevent the spread of aquatic invasive species? This agreement provides $20,000 in county funds and the city of Bellingham (7/24/2023 meeting, vote #150) provides $28,596 in funding for patrols by the sheriff’s office on Lake Whatcom and Lake Samish. The sheriff’s office has the jurisdictional authority and capability to provide on-water aquatic invasive species education and enforcement. Sheriff deputies will provide boat operators with city and county regulatory requirements, information on the locations of inspection stations, and other compliance related information. The contract shall be automatically renewed annually unless cancelled by either party. (AB2023-458) Authorized 7-0

184. Authorize the executive to award all bidders for the rental rates of maintenance and construction equipment? Awards will be made on an as-needed basis and shall not exceed $100,000. Three bids were received: Birch Equipment of Bellingham, PacWest Machinery of Kent, and United Rentals of Bellingham. Rental equipment includes: cranes, dozers, dump trucks, forklifts, front end loaders, log loaders, mowers, pile drivers, road graders, scrapers, steel rollers, sweepers, water trucks and trailers. The contracts expire on 12/31/2024. (AB2023-459) Authorized 7-0

185. Authorize the executive to accept a $3,197,322 state grant (amendment #13) for the delivery and funding of various public health services? Programs funded include: monkeypox prevention, vaccine promotion activities; recreational shellfish monitoring; syringe exchange; youth cannabis- and tobacco- use prevention; and water quality monitoring. The total amended contract is $12,178,417; it expires on 12/31/2024. (AB2023-460) Authorized 7-0

186. Authorize the executive to accept a maximum state grant of $837,967 for reimbursement of costs related to resentencing and vacating convictions for individuals affected by the Washington v. Blake decision? That 2021 Washington Supreme Court decision struck down the criminalization of drug possession, impacting anyone previously charged and convicted under the state drug possession statute RCW 69.50.4013(1). It expires on 6/30/2024. (AB2023-464) Authorized 7-0 

187. Authorize the executive to accept a state grant not to exceed $1,320,000 for the coordination and implementation of substance use and suicide prevention programs? The annual amount is $260,000; the grant expires on 6/30/2025. (AB2023-467) Authorized 7-0 

188. Authorize a $773,332 subrecipient agreement with the Whatcom Conservation District to support the pollution identification and correction program? (Council acting as the flood control district board of supervisors.) Special focus is placed on Portage Bay, Drayton Harbor and Birch Bay Shellfish protection districts. The National Estuary Program will fund technical assistance. Work funded by the grant will address fecal bacteria sources during critical environmental conditions and in hot spots impacting areas with shellfish harvest closures or declining water quality. The grant expires on 12/31/2025. (AB2023-468) Authorized 7-0

189. Appoint members to serve on a committee writing pro and con statements on the general election levy measure regarding public health, safety and justice (jail)? Pro statement: Peter Frazier, Scott Korthuis and Rud Browne. Con statement: Andrew Reding, Makenzie Graham and Todd Lagestee. (AB2023-469) 

190. Authorize the executive to grant an easement to Puget Sound Energy? Whatcom County owns park property on Blue Canyon Road. Puget Sound Energy has requested a private utility easement across park property to service two private residences. Overhead electrical wires will be removed and new service wires and associated equipment will be installed underground. AB2023-472 (Resolution 2023-017) Approved 7-0

191. Adopt the Food System Plan created by the Whatcom County Food System Committee? The committee was created at the 11/7/2018 meeting, vote #176. The purpose of the nine-member executive-appointed committee is to draft, implement, and provide oversight for, and regularly update, a countywide food system plan to strengthen the local and regional food system by further developing production and distribution systems. The committee completed work on the draft plan and this resolution will adopt it formally. AB2023-294 (Resolution 2023-018) Approved 7-0

192. Revise the county code to address equity, diversity, and inclusion? Changes to code language will employ “person first” language and replace gendered language structures with gender -neutral pronouns and titles. AB2023-434 (Resolution 2023-019) Approved 7-0

193. Adopt amendments to the county code related to the regulation of short-term/vacation rentals? (Public hearing held.) Amendments to code language define the different types of short-term dwellings and specifies in which zones vacation rentals are allowed and by which permit. Additionally, Planning and Development Services and the Finance Department will work with a vendor to develop and administer a vacation rental registration system, a public outreach strategy, and a fee structure for the registry that will be eventually added to the Unified Fee Schedule, after further consideration. AB2023-387 (Ordinance 2023-041) Adopted 7-0

194. Amend the county code relating to wind energy systems? (Public hearing held.) At the 10/21/2008 meeting, vote #211, the council established procedures for the installation of small wind energy systems. At the 11/7/2012 meeting, vote #184, it regulated the installation and operation for private landowners. This language addresses complaint procedures, definitions, permitting, setbacks, zoning for meteorological towers, and small and large wind energy systems. AB2023-397 (Ordinance 2023-042) Adopted 7-0

195. Establish the Central Shop NPDES stormwater improvements project-based budget in the amount of $255,500? The central shop located at 901 West Smith Road must comply with National Pollutant Discharge Elimination System corrective action to implement water quality improvement measures by fall of 2024. The funding will support professional engineering services, county survey and permit assistance, permit fees, and county staff time for project management. AB2023-448 (Ordinance 2023-043) Adopted 7-0

196. Amend the 2023 budget (request #10) in the amount of 1,493,534? Appropriations of $100,000 and above: $134,000 to fund housing services through the Opportunity Council; $195,000 to fund a climate vulnerability assessment focused on wildfire smoke and extreme heat, as well the cleanup of homeless encampments; $199,800 to fund youth cannabis- and tobacco-use prevention programs; $255,000 to fund the central shop stormwater improvements project; $282,743 to fund the implementation of a paramedic unit to be located in Lynden; $138,100 to fund two additional trained and certified paramedics in 2023 and 2024. Nine expenditures below $100,000 totaled $288,363. AB2023-451 (Ordinance 2023-044) Adopted 7-0

197. Amend Whatcom County code relating to ferry rates? (Public hearing at April 25 and June 20 meetings.) Changes to code language include: an introduction of the requirement to present photo identification when purchasing needs-based multi-ride punch cards; clarification on how multi-ride punch cards are handled during fare changes; and direction on the handling of fare box revenue. AB2023-258 (Ordinance 2023-045) Adopted 5-2, Barry Buchanan and Todd Donovan opposed.

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