Action Taken at March 13, 2023 Meeting
Mayor’s Report
On 4/26/2023, National Library Week was celebrated with the grand opening of the Bellis Fair Branch.
Shall the council:
43. Authorize the mayor to sign a $27,500 settlement agreement with Terrie Welch-Bailey for injuries when she fell to the ground? Claim Amount Requested: $65,000. Total medical expenses were $13,340 and non-economic damages were $28,659. On June 30, 2022 at 3:06 a.m., Terrie Welch-Bailey was transported to the PeaceHealth hospital in Bellingham by ambulance — when being moved into the emergency room, the stretcher tipped and she fell to the ground. She suffered a concussion, the left side of her head was injured, plus she had pain and abrasions to her left elbow. (Discussed in Executive Session) Motion Carried 6-0, Michael Lilliquist excused.
44. Approve the expenditure of $51,000 to acquire 0.14-acre of watershed property from Donald, Sally and Olga Dashchuk? It has one potential development unit. (Discussed in Executive Session) Motion Carried 6-0, Michael Lilliquist excused.
45. Approve the expenditure of $250,000 to acquire a 12.44-acre watershed property from Hebo Bryant? It has one potential development unit. (Discussed in Executive Session) Motion Carried 6-0, Michael Lilliquist excused.
46. Approve the expenditure of $162,500 to acquire an 0.85-acre of watershed property from Gregory and Laurie Foy? It has one potential development unit. (Discussed in Executive Session) Motion Carried 6-0, Michael Lilliquist excused.
The mayor made two appointments to the Transportation Commission. It is expected to help shape the future of Bellingham by taking a long-range, strategic look at transportation issues and providing recommendations on policy choices and investment priorities.
47. Approve the mayor’s reappointment of Matt Lesinski to the Transportation Commission? He was initially appointed to a partial term at the 6/7/2021 meeting. He has lived in Bellingham for 10 years, is currently employed by Veritas Media Productions, first as marketing director (6/2020 to 3/2021) and now is chief operating officer (3/2021 to present). His first full term will expire on 4/3/2026, at which time he may be reappointed. (AB23649) Approved 6-0, Michael Lilliquist excused.
48. Approve the mayor’s appointment of Addie Yake to her first term on the Transportation Commission? Addie Yake is a certified orientation and mobility specialist who provides mobility training to individuals who are blind or low-vision, is a qualified guide dog mobility instructor and is a five-year resident of Bellingham. Her term will expire on 3/13/2026, at which time she may be reappointed. (AB23649) Approved 6-0, Michael Lilliquist excused.
49. Approve the mayor’s appointment of Jordan Stephens as special counsel to the Bellingham Civil Service Commission? Ms. Stephens is an attorney with the law firm of Anderson Hunter of Everett. She chairs the firm’s municipal division and employment practices division. Ms. Stephens has significant experience advising on civil service matters. She has served as special counsel to the Everett Civil Service Commission for a number of years. Ms. Stephens will advise the Bellingham Civil Service on all matters, including regular business and appeals. The special council position was authorized by council vote #56. (AB23654) Approved 6-0, Michael Lilliquist excused.
50. Approve a letter in support of grant funding for the Law Enforcement Assisted Diversion (LEAD) program? The program helps divert people out of the criminal justice system and into care that is appropriate for their individual situations.The Whatcom County Health Department is applying for an expansion of the United States Department of Justice grant that began in September 2020. From the beginning of the program forward, the number of jail bookings for LEAD clients dropped by 50 percent or more after participating in the program, and in 2022, jail days for LEAD clients dropped by almost 100 percent. (AB23656) Approved 6-0, Michael Lilliquist excused.
51. Authorize the mayor to sign an updated agreement with Whatcom County and the Port of Bellingham for joint consultation and government affairs services with McBride Public Affairs? The original agreement to hire McBride Public Affairs of Olympia was approved at the 1/14/2013 meeting, vote #8. This agreement includes specifying the project managers as well as the maximum annual payment of $144,000 which is split one-third by all three parties; the city’s portion will be $48,000. The three entities have benefited from working cooperatively with the Legislature to strengthen the partnership between state and local governments and to ensure that we have the full resources to implement the policies and goals as adopted by the state of Washington. (AB23658) Approved 6-0, Michael Lilliquist excused.
52. Authorize the mayor to sign an agreement with Whatcom County Fire District #8 for maintenance and repair for two-way communication equipment? This agreement is intended to cover all repairs unrelated to the radio equipment itself. Examples would include, but are not limited to, 12v power problems on vehicles, antenna system issues on vehicles, or upfitting required for new vehicle installations. The city will provide installation services of mobile and fixed base radio equipment and other emergency services related equipment, such as emergency lights and sirens, which is purchased by the district and provided to the city for installation. Any equipment purchased by the city at the district’s request shall be reimbursed at cost. (AB23659) Approved 6-0, Michael Lilliquist excused.
53. Appropriate $4,388,845 for payroll checks issued from February 1 through February 15, 2023? (AB23661) Approved 6-0, Michael Lilliquist excused.
54. Authorize the mayor to sign an updated agreement with Whatcom County and the Port of Bellingham regarding a coordinated approach to funding economic development? The agreement was originally approved at the 12/13/2010 meeting, vote #235, and renewed at the 11/14/2016 meeting, vote #194. Through this agreement, the city supports a collaborative commitment to fund the Port of Bellingham’s Regional Economic Partnership, fund Western’s Small Business Development Center, maintain the “Choose Whatcom” website, and oversee various contracts with economic development-focused activities. This amendment memorializes an increase in Whatcom County’s financial contribution allowing the Regional Economic Partnership to contract with the Northwest Innovation and Research Center in the amount of $36,000 annually. NW Innovations will provide outreach activities to identify and encourage entrepreneurs and innovators throughout Whatcom County through direct technical assistance, mentorship programs, and Data Bootcamp programs. NW Innovation will provide annual written reports of outcomes achieved and the number of participants served. The total cost for 2022, 2023 and 2024 for the city, county, port and a grant is $4,604,877. All other terms and conditions of the original contract shall remain in full force and effect. (AB23662) Approved 6-0, Michael Lilliquist excused.
55. Appropriate $8,272,555 for goods and services checks issued from January 26, 2023 through March 2, 2023? (AB23660/23663/23664) Approved 6-0, Michael Lilliquist excused.
56. Amend the city code to exclude Municipal Court employees from the city’s civil service system and authorize the appointment of special counsel (see vote 49) to serve as legal advisor to the Civil Service Commission? The Public Employees Collective Bargaining Act gives public employees the right to join and be represented by labor organizations of their own choosing. The Guild of Pacific Northwest Employees, Local No. 1937, represents employees in various city departments, the museum, the library, and the Bellingham Municipal Court. On 9/23/2022, the Municipal Court and Local 1937 entered into a memorandum of agreement agreeing, among other things, to also exclude Municipal Court employees from civil service. To promote the appearance of fairness in all matters that come before the commission, the city attorney’s office recommends that city code be amended to provide for the appointment of special counsel to serve as the standing legal advisor to the Civil Service Commission on all matters and appeals that come before it. AB23635 (Ordinance 2023-03-006) Approved 6-0, Michael Lilliquist excused.
57. Amend citywide rental agreement regulations? This amendment changes the notice of a rental increase from 60 days to 120 days for any rental increase greater than 5 percent (formerly 10 percent). Rental vacancy rates in Bellingham are around 2 percent, making the finding of a new rental unit difficult. By requiring a notice of 120 days (rather than previous 60 days), the renter would be afforded an opportunity to save the necessary funds needed for the relocation efforts. Fifty-six percent of Bellingham residents are renters and half of those people spend more than a third of their income on rent. The City Council says they will take more public feedback on the ordinance later this year. This ordinance goes into effect on 3/28/2023. AB23636 (Ordinance 2023-03-007) Approved 6-0, Michael Lilliquist excused.
Action Taken at March 27, 2023 Meeting
Mayor’s Report
The mayor made two appointments to the Parks and Recreation Advisory Board. The board provides recommendations on plans and programs designed to enable the Department of Parks and Recreation to maintain and improve city parks and provide recreation programs for the general welfare of the people of the city.
Brian Bressler is appointed to a partial term. A lifelong resident of Bellingham, he is director of powertrain aftersales at PACCAR Technical Center in Mount Vernon. He has a bachelor’s degree from WWU and a master’s degree from Gonzaga University. The partial term will expire on 12/16/2024, at which time he may be reappointed.
Raymond Dellecker is reappointed to a full term. He was first appointed to a partial term at the 9/27/2021 meeting. He has lived in Bellingham for 11 years, is a retired electronics engineer with a master’s degree in electrical engineering from Cornell University and a former board president of Habitat for Humanity. His full term will expire on 4/4/2026, at which time he may be reappointed. (AB23665) Nonvoting issue.
Shall the council:
58. Approved the expenditure of $160,000 to acquire 0.77-acre of watershed property from David and Sarah Nicol? It has one potential development unit. (Discussed in Executive Session) Motion Carried 7-0
59. Authorize the mayor to sign all documents required for the city to participate in the national opioid settlements with Walgreens, Walmart, Teva, CVS, and Allergen? (Discussed in Executive Session) Motion Carried 7-0
60. Authorize the mayor to sign a $48,886 settlement agreement with BNSF (Burlington Northern Santa Fe) Railway Company for labor and train delay? Claim Amount Requested: $48,886; labor $21,971 and train delay $26,915. On 3/15/2023, a water main broke near Cornwall and Pine streets. The water damaged the railroad right-of-way and signal cable. Train traffic was delayed for almost 57 hours. (Discussed in Executive Session) Motion Carried 7-0
61. Approve the mayor’s appointment of Kelsey Wylie to a partial term on the Greenways Advisory Committee? The committee shall identify, develop, review, and recommend selection criteria, relating to the expenditure and allocation of Greenway levy funds. A 16-year resident of Bellingham, she has a bachelor’s degree from WWU and is currently employed in project management support at Eleven 11 Solutions in Kirkland. Her partial term will expire on 1/11/2024, at which time she may be reappointed. (AB23666) Approved 7-0
62. Authorize the mayor to award the only bid of $279,604 to Windwood Enterprises of Ferndale for landscape maintenance services? The project manager’s estimate was $290,000. The city has a significant number of facility sites and locations that require ongoing landscaping maintenance. The landscape maintenance services provides general landscaping including mowing, pruning, removal of dead material, and vegetation cleanup at public works and fire department facilities. At the 2/26/2018 meeting, vote #29, the low bid of $271,749 was awarded to Windwood Enterprises. (AB23668) Approved 7-0
63. Appropriate $4,255,605 for payroll checks issued from February 16 through February 28, 2023? (AB23673) Approved 7-0
64. Appropriate $5,221,466 for goods and services checks issued from March 3 through March 16, 2023? (AB23674/23675) Approved 7-0
65. Suspend any docketing request submitted for the 2023-2024 comprehensive amendment cycle until after final adoption of the 2025 Bellingham Comprehensive Plan? The state Growth Management Act requires the City of Bellingham to review, and, if needed, revise its comprehensive plan and urban growth areas by 6/30/2025. This vote gives city staff time to finish Comprehensive Plan updates. AB23672 (Resolution 2023-02) Approved 7-0
