Whatcom County Council

Action Taken at December 3, 2019 Meeting

Shall the council:

272. Authorize the executive to sign a $213,770 contract (amendment #5) with Lydia Place? At the 12/6/2016 meeting, vote #239, the council initially approved a contract with Lydia place to improve housing stability, reduce homelessness, and provide supportive services for individuals receiving subsidies through the Whatcom Homeless Service Center. This amendment brings the contract total to $737,800, it expires on 12/31/2020. (AB2019-598) Approved 7-0

273. Authorize the executive to sign a $290,000 contract with Bellingham/Whatcom County Tourism? The contract will fund tourism marketing and operations. The contract expires on 12/31/2020. (AB2019-599) Approved 7-0

274. Authorize the executive to sign a $55,000 contract between the Whatcom County Flood Control Zone District and the Whatcom Conservation District? (Council acting as the flood control district board of supervisors) The agreement will address water quality issues for non-diary landowners/operators through outreach and incentive programs included in the pollution identification and correction program. The contract expires 12/31/2020. (AB2019-601) Approved 7-0

275. Authorize the executive to sign two contracts totaling $90,000 in support of the 2020 county bridge program? A $45,000 contract with Trantech Engineering of Bellevue and $45,000 contract with Sargent Engineers of Olympia will provide on-call structural analysis and other consultative services, including the Lummi Island ferry terminal structures. The contracts expire on 12/31/2020. (AB2019-611/612) Approved 7-0

276. Approve the 2019-2020 collective bargaining agreement with Teamsters Local Union No. 231? The agreement covers 68 sergeants and deputies in the sheriff’s office bureau of corrections. The agreement includes: a 2 percent raise in January 2019 and 1 percent in July 2019 (retroactive to January); a 2.15 percent raise for January 2020 and 1 percent in July 2020; new specialty positions with premium pay for special assignments; scheduling changes; union membership rules; and changes to sick leave rules. The agreement runs from 1/1/2019 to 12/31/2020. (AB2019-613) Approved 7-0

277. Authorize the executive to sign a $97,662 contract with Michael Bobbink to provide hearing examiner services? Mr. Bobbink has provided Whatcom County Hearing Examiner services for the previous 24 years and was the sole respondent to the request for proposal. This contract contains a 10 percent ($8,878) cost-of-living increase. His last increase was 7.5 percent ($6,194) in 2015. The contract expires on 12/31/2020. (AB2019-616) Approved 6-1, Tyler Byrd opposed.

278. Authorize the executive to approve a $540,750 contract with Summit Food Service of Sioux Falls, South Dakota? The contract will fund the food to inmates at the Whatcom County jail in downtown Bellingham, the juvenile detention facility, and work center. The contract expires 12/31/2020, with a provision for a four-year renewal unless either party withdraws. (AB2019-617) Approved 7-0

279.Authorize the executive to sign a contract Summit Food Service of Sioux Falls, South Dakota to fund commissary services for persons incarcerated in the Whatcom County jail? The company will pay the county 40 percent of net sales of commissary items and provide hygiene items for persons without funds, with the cost deducted from overall commissary revenues. The contract expires 12/31/2020. (AB2019-618) Approved 7-0

280. Authorize the executive to sign a $300,000 per year contract with Kittitas County? The county operates the Kittitas County Corrections Center in Ellensburg. At the 9/12/2017 meeting, vote #157, council approved an agreement with Yakima County to house inmates at times when space is restricted in the downtown jail. Yakima County will discontinue this agreement at the end of December 2019. The Whatcom County jail will be undergoing renovations, maintenance, or repairs that necessitate closing housing units. This two-year contract will provide for temporary housing of inmates at the individual rate of $66.50 per day, a $3.15 cost increase over Yakima rates. The contract expires on 12/31/2021. (AB2019-619) Approved 7-0

281. Authorize the executive to sign a $100,000 contract with the Birch Bay Chamber of Commerce? The contract will support operations at the Birch Bay visitor center and promotion and advertising of multi-day events. The contract expires on 12/31/2020. (AB2019-620) Approved 7-0

282. Authorize the executive to sign a $100,000 contract with the Mount Baker Foothills Chamber of Commerce? The contract will support operations of the visitor center. The contract expires on 12/31/2020. (AB2019-621) Approved 7-0

283. Authorize the executive to sign a contract with the cities of Bellingham, Blaine, Everson, Ferndale, Lynden and Sumas? It will support the implementation of a countywide wayfinding and gateway feature placement program to facilitate tourism. The initial cost for the program is $2,753,625, with the county share $545,775. The five-year contract contains provisions for two five-year renewals. (AB2019-622) Approved 6-1, Tyler Byrd opposed.

284. Approve the $500,000 loan recommendation by the Economic Development Investment Board for housing affordability? The Economic Development Investment Board members include small cities and other economic interests such as the agriculture community. Money comes from portions of the rural sales tax which can only be used for public facility projects. The Economic Development Investment Board recommended additional funding to Workforce (HATWF), a low income housing loan program with the establishment of a $1.7-million revolving loan fund. (AB2019-623) Approved 7-0

285. Authorize the executive to sign an attorney engagement and contingency fee agreement with Keller Rohrback of Seattle? The agreement will provide legal support for potential claims made against manufacturers and wholesalers of e-cigarettes and related products. No attorneys’ fees shall be paid if no recovery is made. Attorneys will advance all “out-of-pocket” costs, fees and expenses incurred in the pursuit of the lawsuit. If the sums recovered is an amount less than or equal to $100 million, the attorneys” fee shall be 15 percent of the recovery. See the contract for amounts above $100 or lawsuit proceeds to trail and court awards. (AB2019-625) Approved 7-0

286. Authorize the executive to sign a $1,456,501 contract with Northwest Regional Council of Bellingham? The contract will provide health care/nursing services at the main jail, work center, and juvenile detention. The contract expires 12/31/2020. (AB2019-626) Approved 7-0

287. Declare county tax-title property surplus to be sold by public auction? (Public hearing held.) The Clearwater Condominium unit 1409 shall be sold to the highest bidder for no less than­ foreclosure, interest, penalty, and tax costs of $1,683. AB2019-583 (Resolution 2019-062) Approved 7-0

288. Establish a 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. This vote will create a committee to solicit and collect community input during the needs assessment process. The committee will consist of 23 voting members. eight members will be appointed by the County Council, the other members are appointed by small cities (2), tribes (2) or government agencies (11). AB2019-530 (Resolution 2019-063) Approved 7-0

289. Request that the Whatcom County Prosecutor ask the Washington State Attorney General for an update on Opinion Docket No. 19-04-03, relating to the eligibility of current County Council members to be appointed to vacant state assembly seats? The council is anticipating the need to make an interim legislative appointment in the 40th District due to the resignation of Representative Jeff Morris. AB2019-634 (Resolution 2019-064) Approved 5-2, Barbara Brenner1 and Tyler Byrd opposed.

290. Continue the interim moratorium on the acceptance and processing of applications and permits for new or expanded facilities in the Cherry Point urban growth area? (Public hearing held.) The primary purpose of which would be the shipment of unrefined fossil fuels. The moratorium covers facilities including but not limited to piers, wharfs, buildings, tank farms, pipelines, rail loading and offloading facilities, road spurs, or other infrastructure purposed for exporting unrefined fossil fuels, including stabilized or unstabilized crude oil, diluted or raw bitumen, syncrude, coal, methane, propane, butane,and liquid or gaseous natural gas. The interim moratorium was first passed at the 9/27/2016 meeting, vote #173, and has been renewed seven times. Interim moratorium are required to be renewed every six months. AB2019-597 (Ordinance 2019-083) Adopted 5-2, Barbara Brenner2 and Tyler Byrd opposed.

291. Limit the 2020 general fund tax levy? (Public hearing held.) The levy will not change from the 2019 level, except for new construction and improvements. (Public hearing held) AB2019-607 (Ordinance 2019-084) Adopted 4-2-1, Barbara Brenner3 and Tyler Byrd opposed, Todd Donovan abstained.

292. Amend the 2019 budget (request #15) in the amount of $49,400? Appropriate: $20,000 to fund drug-enforcement overtime contracts at the sheriff’s office; $29,400 to fund additional overtime contracts at the sheriff’s office; $13,391 to fund ballistics vests at the sheriff’s office; $24,340 to fund the replacement of a storm-damaged light armored vehicle used by the sheriff’s office. AB2019-590 (Ordinance 2019-085) Adopted 7-0

293. Establish the prox lock control panel replacement fund and $238,000 project-based budget? Proximity panel control systems are used to limit access to some county buildings, they require replacing due to age and discontinuation of technical support. The replacement project is expected to take several years. AB2019-592 (Ordinance 2019-086) Adopted 7-0

294. Amend the 2020 budget (request #2)in the amount of $343,000? Appropriate: $4,000 to fund an increase in online county code publishing services; $20,000 to fund outdoor storage lockers for individuals experiencing homelessness; $9,000 to fund an increase in the cost of hearing examiner services; $10,000 to fund the volunteer guardian ad litem training program; $300,000 to fund implementation of the law enforcement assisted diversion program (LEAD) at the Prosecuting Attorney’s office. AB2019-591 (Ordinance 2019-087) Adopted 7-0

295. Amend the 2020 budget (request #1) in the amount of $19,206,192? Appropriated: $549,015 to fund the transfer of mental health and developmental disability millage funds to the general fund; $282,823 to fund substance abuse programs at the health department; $200,000 to fund housing renovation projects for individuals with developmental disabilities; $148,718 to fund two road maintenance worker positions at public works; $273,500 to fund replacement of a sign roller flatbed and a sign cutter/printer; $207,326 to fund election costs related to the presidential primary election; $373,006 to fund medical care for jail inmates; $210,000 for GRACE program funding to reduce use of emergency services; $1,317,047 to fund behavioral health services; $133,445 to fund the update to the solid waste comprehensive plan; $$475,000 to fund solid waste collection services for Point Roberts; $126,775 to fund waste reduction and recycling program expansion; $565,775 to fund a countywide wayfinding project; $425,025 to fund Lake Whatcom park projects; $115,000 to fund interior and exterior upgrades to the public defender building; $113,824 to fund the tri-funder economic development agreement; $500,000 to fund an impact fee program to address affordable housing; $476,000 to fund additional salt and sand bunkers and vehicle upgrades at maintenance and operations; $250,000 to fund increased shop rates; $106,562 to fund wages and benefits for the director of administrative services position; $107,420 to fund various vehicle related costs at facilities; $200,000 to fund increased general liability insurance premiums; $125,000 to fund the Northwest Youth Services day center for homeless youth. AB2019-565 (Ordinance 2019-088) Adopted 7-0
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3. From Barbara Brenner: I opposed the 2020 tax levy because amendments were proposed and discussed that would have increased taxes. By the time the final vote was taken I felt the whole discussion was too confusing so I voted no.

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