Action Taken at January 9, 2024 Meeting
Shall the council:
1. Authorize the executive to accept a $73,125 federal grant (amendment #1 and #2) to promote border security? Amendment #1 extends the expiration date and amendment #2 is for grant amount. The original $156,293 grant was approved at the 9/13/2022 meeting, vote #213. This is the 15th year of the Department of Homeland Security/Operation Stonegarden grants (the first grant for $1,320,000 was received at the 5/26/2009 meeting, vote #129). The grant supports coordination between local, tribal, state, and federal law enforcement agencies operating in Whatcom County. Participating agencies will not enforce federal immigration law. The purpose of these amendments is to extend the grant agreement and update the grant’s personnel contact information. The total amended contract is $229,418; it expires on 7/31/2024. (AB2023-827) Authorized 7-0
2. Authorize the executive to sign a $25,000 contract (amendment #3) with Northwest Youth Services of Bellingham to provide risk prevention services for LGBTQ+ youth? The original $25,000 contract ran from 1/1/2021 to 12/31/2021. Prevention services will include: 24 community and professional trainings; school outreach activities; 300 annual individual and small group support contacts; referrals to suicide prevention and substance use disorder services; and provision of gender-affirming supplies. The purpose of the amendment is to extend the length of the contract by one year. The total amended contract is $100,000; it expires on 12/31/2024. (AB2023-836) Authorized 4-3, Tyler Byrd, Ben Elenbaas, and Mark Stremler opposed.
3. Update the 2023-2025 Criminal Justice Treatment Account? A state law created an account to fund alternatives for treating nonviolent offenders with substance use disorders. At the 1/29/2019 meeting, vote #19, the council established the Criminal Justice Treatment Account plan. The 2023-2025 budget is $651,108; last year the county received $322,418 in state funds for treatment. The plan will be submitted to the state for approval. (AB2024-002) Authorized 7-0
4. Authorize the executive to sign a $314,529 contract (amendment #1) with Catholic Community Services of Bellingham to support case management and operations and maintenance at Francis Place? A 42-unit apartment building in Bellingham, Francis Place houses individuals with behavioral health concerns. The original contract for $170,041 was approved at the 5/23/2023 meeting, vote #136. The purpose of the amendment is to add to the scope of work and extend the length of the contract period by six months. The total amended contract is $484,570; it expires on 6/30/2024. (AB2024-003) Authorized 7-0
5. Authorize the executive to sign a $80,000 contract (amendment #2) with Jessica Dubek, DDS of DentAll, PLLC for inmate dental services? The original six month contract was for $36,000 contract and dated 5/1/2023. The purpose of this amendment is to extend the length of the contract by one year and increase total hours worked from 240 to 266.5. The total amended contract is $116,000; it expires on 12/31/2024. (AB2024-005) Authorized 7-0
6. Authorize the executive to accept a state grant (amendment #1) in an amount of up to $609,873 to provide transition services for individuals with developmental disabilities? The original grant for $5,459,497 was approved at the 7/11/2023 meeting, vote #169. This amendment from the state Department of Social & Health Services Developmental Disabilities Administration is intended to provide community inclusion and employment support services for young adults transitioning from school to adult services. The total amended contract is $6,069,370; it expires on 6/30/2025. (AB2024-024) Authorized 7-0
7. Authorize the executive to sign a $1,924,551 contract (amendment #6) with the Northwest Regional Council of Bellingham for nursing services in the jail, juvenile detention, and work center facilities? At the 12/12/2013 meeting, vote #234, the initial contract was approved with the Northwest Regional Council for health care at the jail and work center. This contract for $1,456,501 was initially approved at the 12/3/2029 meeting, vote #286 and last amended at the 12/6/2022 meeting, vote #313. The purpose of the amendment is to decrease the number of contracted hours and increase the hourly wage by 7.1 percent to $86.55. The total amended contract shall not to exceed $8,357,536; it expires on 12/31/2024. (AB2024-026) Authorized 7-0
8. Authorize the executive to accept a $475,000 state grant to fund climate planning activities relating to the update of the Growth Management Act? State law requires Whatcom County to update its 2025 Comprehensive Plan and development regulations by 6/30/2025. The following areas will be included in the update process: public engagement and participation planning; an environmental justice and health disparities report; a greenhouse gas emissions inventory and report; a natural hazards mitigation plan; countywide climate planning policy development; amendments to the comprehensive plan related to land use, transportation, capital facilities, utilities, and parks and recreation; a greenhouse gas reduction subplan; and a report on Whatcom County Council climate policies. The grant expires on 6/30/2025. (AB2024-029) Authorized 7-0
9. Authorize the executive to sign a $500,112 contract (amendment #6) with Lydia Place of Bellingham to provide housing case management services for families with children? The original contract for $203,602 was approved at the 6/29/2021 meeting, vote #151. The purpose of the amendment is to extend the contract by one year, update reporting requirements, and add state grant funding for emergency housing services. The total amended contract is $1,566,919; it expires on 12/31/2024. (AB2024-033) Authorized 7-0
10. Authorize the executive to sign a $349,600 cost sharing agreement with the state of Washington for the collection, processing, and delivery of topobathymetric Lidar and sonar data? (Council acting as the flood control district board of supervisors.) The topographic mapping ($157,600) and supplemental sonar collection ($192,000) activities of the Nooksack and Sumas rivers will provide data to generate river models used for design considerations, flooding prediction, and sedimentation monitoring. The state will reimburse the county for all of its expenses. The contract expires upon completion. (AB2024-035) Authorized 7-0
11. Authorize the executive to sign a $255,000 contract with Marvin Wayne M.D. of Bellingham to serve as the county’s medical program director? Whatcom County voters passed a countywide EMS levy at the November 2022 general election. The medical program director will supervise emergency medical services and the operations of EMTs, EMT II and paramedics. The contract expires on 12/31/2025. (AB2024-036) Authorized 7-0
12. Fill six vacancies on the Climate Impact Advisory Committee? The committee provides review and recommendation to the Whatcom County Council and executive on issues related to the preparation and adaptation for, and the prevention and mitigation of the impacts of climate change. There were 10 applicants, Charles Bailey and Eddy Ury were incumbents. Appointed Jim Boyle (7 votes), Charles Bailey (6 votes), Eddy Ury (6 votes), Howard Sharfstein (6 votes), Robert Mitchell (6 votes), and David Frankel (5 votes). (AB2024-043)
13. Fill two vacancies on the Planning Commission? The commission assists the Planning and Development Services Department in carrying out its duties. There were two applicants, both were appointed. James Hansen is a currently serving member of the Planning Commission. Frank James is a staff physician with the Swinomish Tribe. (AB2024-048) Authorized 7-0
14. Authorize the executive to sign a $230,000 three-year contract with PeaceHealth/St. Joseph Medical Center to provide as-needed emergency medical services for jail inmates? This is no-bid contract as there is no other hospital in the area. The service is provided at a discount between 33 percent and 42 percent. The contract expires on 12/31/2026. (AB2024-051) Authorized 7-0
15. Update the appendix of the 2022 Comprehensive Economic Development Strategy (CEDS)? State law requires grant applicants seeking public works funding from the state of Washington to develop and update an economic development plan. At the 8/13/2002 meeting, vote #154, the council adopted the initial Comprehensive Development Strategy and updated it every five years. It was last updated at the 6/7/2022 meeting, vote #155, and amended at the 5/9/2023 meeting, vote #125. Attached to the update is the 2023 project list. AB2024-001 (Resolution 2024-001) Approved 7-0
16. Request that the governor of Washington declare a state of emergency in response to the opioid and fentanyl crisis? According to WhatcomOverdosePrevention.org, overdose deaths in Whatcom County in 2023 (132) exceeded deaths in 2022 (91) and have markedly increased every year since 2018. The official gubernatorial declaration would make available additional assistance, funding, and other resources to address the impacts of opioid drug use in Whatcom County communities. AB2024-063 (Resolution 2024-002) Substitute approved 7-0
17. Request that the president of the United States declare a federal emergency in response to the opioid and fentanyl crisis? the Department of Drug Enforcement identifies fentanyl as a potent synthetic opioid drug approximately 100 times more potent than morphine and 50 times more potent than heroin.. The official presidential declaration would make available additional assistance, funding, and other resources to address the impacts of opioid drug use in Whatcom County communities. AB2024-064 (Resolution 2024-003) Substitute approved 7-0
18. Adopt a two-tenths of one-percent sales and use tax for the purpose of funding a new county jail and supportive services as contained in the Justice Project Implementation Plan? At the November 7, 2023 general election, Whatcom County voters approved a two-tenths of one-percent sales and use tax to fund the construction, maintenance, and operation of a new county jail and various supportive services for incarcerated individuals. The anticipated date of the collection of the sales and use tax is 4/1/2024. AB2023-822 (Ordinance 2024-001) Adopted 7-0
19. Amend the 2023 budget (request #17) in the amount of $1,400,000? Expenditures: $1,400,000 to fund the purchase of a 40-acre property that will provide public access to the Nessett Farm. The county purchased the Nesset Farm 25-years-ago for a county park; a major flaw in the purchase was the lack of public access to the property. At the 7/25/2023 meeting, vote #337, the council authorized a $1,400,000 no-interest loan from the general fund to the Conservation Futures Fund to acquire property at 6324 Saxon Road for public access to Nesset Farm. At the 5/23/2023 meeting, vote #141, the council purchased 124 acres of Nooksack River floodplain land near Acme for a conservation easement. This purchase will resolve the Nesset Farm access issue. AB2023-840 (Ordinance 2024-002) Adopted 6-1, Ben Elenbaas opposed.
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Action Taken at January 23, 2024 Meeting
Shall the council:
20. Fill four vacancies on the Incarceration Prevention & Reduction Task Force? There were 29 applicants: Douglas Benjamin, Kyle Bickel, Teri Bryant, Angela Burke, Martin Cooper, Arlene Feld, Peter Frazier, Richard Gleason, Rafael Gonzalez, Corbett Hanson, Josh Hauseman, Michael Holbrook, Jeffrey Holmes, Brian Hoorn, Rosa Hunter, Jessica Kopicki, Ethan Martez, Scott Pelton, Jennifer Quigg, Bertha Safford, Ava Sakowski, James Schmotzer, Hannah Sloan, Robert Sullivan, Tawsha Thompson, Mimi Turin, Donna M. Wells, Max Whipple, and Robert Wilson. The purpose of the task force is to review Whatcom County’s criminal legal and behavioral health programs to make recommendations to safely and effectively reduce incarceration of individuals affected by mental illness and chemical dependency. Appointed: Bertha Safford (5 votes), Arlene Feld (5 votes), Peter Frazier (5 votes), and Rosa Hunter (4 votes). (AB2024-050)
21. Send a letter to the Department of Natural Resources to increase ecological, watershed, and community resilience to future climate impacts through the safeguarding of forestland? The letter supports the DNR decision to consider the transfer of 650 acres within selected trusts of the Brokedown Palace and Anderson Creek areas to be developed and managed as county conservation and recreation lands. (AB2024-053) Substitute approved 4-3, Tyler Byrd, Ben Elenbaas, and Mark Stremler opposed.
22. Authorize the executive to accept a $135,500 state grant for Whatcom Marine Resources Committee (MRC) operations and projects? (Council acting as the flood control district board of supervisors.) The committee addresses local marine issues and recommends remedial action to local authorities. The funding from the state Department of Ecology will be used for school programs on intertidal zones and migratory fish, an Olympia oyster restoration feasibility assessment, and remote beach cleanups. The grant expires on 12/31/2025. (AB2024-054) Authorized 7-0
23. Approve the executive’s reappointment of Michael MacKay the Marine Resources Committee? The committee addresses local marine issues and recommends remedial action to local authorities. Michael MacKay has served in a scientific advisory position on the committee since 2020. (AB2024-073) Confirmed 7-0
24. Authorize the executive to accept a $300,000 state grant for technical assistance related to water resource inventory area activities? (Council acting as the flood control district board of supervisors.) The funding from the state Department of Ecology will support preparations for Water Resource Inventory Area (WRIA) 1 water rights adjudication in the Nooksack Basin, including the following watersheds: Bellingham Bay, Birch Bay, Chuckanut, Drayton Harbor, Lake Whatcom, Lummi Bay, Nooksack River, Point Roberts, and Sumas River. It expires on 6/30/2025.(AB2024-076) Authorized 7-0
25. Authorize the executive to sign a $107,342 agreement with the Whatcom Conservation District to provide stormwater outreach within the Terrell Creek and Birch Bay watersheds? (Council acting as the flood control district board of supervisors.) The Whatcom Conservation District will provide program administration and coordinate with county staff. The outreach will include rural landowner/small farm technical assistance, invoicing, tracking/reporting on all activities, ensuring deadlines and deliverables are met, communicating proposed changes to county staff with notice, and scheduling and facilitating meetings. The agreement expires on 1/31/2025. (AB2024-079) Authorized 7-0
26. Authorize the executive to accept a $96,525 federal grant (amendment #1) to promote border security activities? This is an amendment to the 1/9/2024 meeting, vote #1. It is the 15th year of the Homeland Security/Operation Stonegarden grants (the first grant for $1,320,000 was received at the 5/26/2009 meeting, vote #129). The grant coordinates measures between local, state, and federal law enforcement agencies operating in Whatcom County. Participating agencies will not enforce federal immigration law. The purpose of this amendment is to update personnel contact information. The total amended grant is in the amount of $194,025; it expires on 3/31/2025. (AB2024-080) Authorized 7-0
27. Authorize the executive to accept a $282,183 state grant (amendment #16) to fund various public health services? The original agreement was approved at the 1/11/2022 meeting. The purpose of the amendment is to revise the scope of work for three immunization programs and add funding to the syndemic prevention services, public health infrastructure, and the tuberculosis program. The total amended grant is $14,424,841; it expires on 12/31/2024. (AB2024-081) Authorized 7-0
28. Approve the executive’s appointment of Sierra Crook to the Food System Committee? The committee’s purpose is to implement, provide oversight for, and update the countywide Food System Plan adopted by the council at the 7/25/2023 meeting, vote #191. Sierra Crook serves as the director of administration at the Ferndale Food Bank. (AB2024-085) Confirmed 7-0
29. Adopt the 2024 Comprehensive Parks, Recreation and Open Space Plan? (Public hearing held.) State law requires local governments and park districts seeking state grant funding to develop comprehensive plans related to parks and open spaces. The plan addresses: goals and objectives; facilities’ inventories; public involvement; demand and need analyses; capital improvement programs; and adoption strategies. The plan will be updated in 2030. AB2024-032 (Resolution 2024-004) Approved 6-0, Ben Elenbaas temporarily absent.
30. Cancel uncollectible personal property taxes totaling $10,756? State law requires the county treasurer to present to the council a list of taxes certified as uncollectible. Included are 11 businesses totaling $5,971. The two largest businesses on the list are: Project M, Everett at $2,235 and OSG, Plano, Texas, at $1,053. There are nine mobile homes totaling $4,794. AB2024-067 (Resolution 2024-005) Approved 7-0
31. Accept the Whatcom County treasurer’s list of petitions for 2023 property tax refunds? The refunds total $2,644,228 and reflect: senior ($1,455,557); Board of Equalization order change/corrective evaluation ($18,939); measurement and calculation corrections ($7,529), exemptions ($89,159); destroyed/abated property ($106,920); and miscellaneous exemptions ($26,260). The 2022 refunds totaled $1,291,647. AB2024-082 (Resolution 2024-006) Approved 7-0
32. Establish a project budget of $176,492 for the Cedar Hills Culvert Replacement Project Fund? The project will replace a culvert under Cottonwood Court that was damaged in a November 2021 storm event, install a new overflow structure, and stabilize up- and downstream banks. The project is scheduled to be completed in the Summer of 2025 and is listed as item number six on the 2024-2029 six-year water resources improvement plan for the Lake Whatcom watershed. AB2024-027 (Ordinance 2024-003) Substitute adopted 7-0
33. Amend the project-based budget for the Public Safety Radio System Fund (request #4) in the amount of $500,000? The current system is incompatible with regional partners, has gaps in coverage, and is unreliable. The council established a $396,802 project-based budget at the 11/20/2018 meeting, vote #205. The purpose of this amendment is to add expenditure authority to begin Phase 4, the installation of a microwave connection from Squalicum Mountain to Post Point via Lookout Mountain. The total amended project budget is $1,488,553. AB2024-028 (Ordinance 2024-004) Adopted 7-0
34. Amend the 2024 budget (request #3) in the amount of $1,693,840? Appropriated: $275,000 to the County Council for fire and EMS review; $300,000 to fund refugees; $130,000 for fleet electrification; $250,000 for sea level rise assessment; $108,825 for Cedar Hills culvert replacement; $289,676 to fund afforable housing; and seven other expenditures — all below $100,000 — totaled $215,339. AB2024-034 (Ordinance 2024-005) Adopted 6-1, Ben Elenbaas opposed.
