Whatcom County Council

Compiled by Barry MacHale

Action Taken at November 9, 2021 Meeting

Shall the council:
262. Authorize the executive to sign a $159,275 contract with Road2Home of Bellingham? The county opened a Covid-19 temporary housing facility in March 2020 in response to the need for unsheltered individuals to have access to a safe place to isolate and quarantine. Road2Home will assume administrative oversight of daily operations. The contract commences on 9/21/2021 and terminates on 12/31/2021. (AB2021-613) Approved 4-2, Tyler Byrd and Ben Elenbaas opposed, Kathy Kershner absent.

263. Authorize the executive to sign a $20,000 contract (amendment #2) with Maul Foster & Alongi, Inc. of Portland, Oregon, to finalize the Comprehensive Solid and Hazardous Waste Management Plan? The state requires the Comprehensive Solid and Hazardous Waste Management Plan to be updated every five years; it was last updated at the 1/24/2017 meeting, vote #13. The original contract was approved at the 10/13/2020 meeting, vote #186. The purpose of this amendment is to extend the length of the contract by one year in order to facilitate a 60-day public comment period and support the production and submission of a final draft plan. The total amended contract is $133,000; it expires on 12/31/2022. (AB2021-614) Approved 6-0, Kathy Kershner absent.

264. Authorize the executive to sign a contract for a maximum amount of $200,000 with Aristo Healthcare Services of Seattle? The county opened a Covid-19 temporary housing facility in March 2020 in response to the need for unsheltered individuals to have access to a safe place to isolate and quarantine. This contract will provide a supervisor and support staff that will provide guidance and consultation as necessary. The contract expires on 12/31/2021. (AB2021-631) Approved 4-2, Tyler Byrd and Ben Elenbaas opposed, Kathy Kershner absent.

265. Adopt a salary schedule and policies for unrepresented Whatcom County employees? The schedule and policies cover county employees not represented by a union. It does not include County Council members and includes: a 3 percent wage increase effective on the first pay period in 2022; eleven holidays, including the day before Christmas; up to 40 hours of vacation cash out over the maximum cap, with department head approval; and clarification on the use of compensatory time. The schedule runs from 1/1/2022 to 12/31/2022. AB2021-649 (Resolution 2021-048) Approved 5-1, Ben Elenbaas opposed, Kathy Kershner absent.

266. Approve the 2021 Whatcom County Climate Action Plan? The Climate Action Plan went into effect in January 2007, with a goal of 100 percent renewable energy use for Whatcom County operations. At the 12/5/2017 meeting, vote #259, the council created a Climate Impact Advisory Committee and tasked with updating it every five years. Current revisions to the plan incorporate climate targets adopted by the 2020 state legislature and align with state and federal mitigation and adaptation approaches. AB2021-625 (Resolution 2021-049) Approved 4-2, Tyler Byrd and Ben Elenbaas opposed, Kathy Kershner absent.

267. Rename the Crisis Stabilization Facility the “The Anne Deacon Center for Hope?” Anne Deacon currently serves as the human services manager for the Whatcom County Health Department and has had a significant role in the conception, development, and operation of the Crisis Stabilization Facility at 2026 Division Street in Bellingham. AB2021-658 (Resolution 2021-050) Approved 6-0, Kathy Kershner absent.

268. Establish the Ferry Fare Capital Surcharge Fund? At the 2/14/2012 meeting, vote #31, the council established Lummi Island Ferry Advisory Committee. At the 7/24/2018 meeting, vote # 118, the council approved the committee’s level of ferry service recommendations. The committee recommended the design and construction of a hybrid 34-car vessel to be financed by a $1 fare surcharge. This ferry fund will account for revenues and expenditures related to the capital surcharge. AB2021-599 (Ordinance 2021-068) Approved 6-0, Kathy Kershner absent.

269. Amend the 2021 Whatcom County budget (request #17) in the amount of $4,967,500? Appropriated: $815,000 to fund the Housing and Essential Needs program from federal grant funds; $1,000,000 in federal grant funds to support the development of a childcare facility operated by the Opportunity Council, serving 65 children; $3,000,000 in federal grant funding to support the conversion of an existing building into 56 units of affordable housing for unhoused senior citizens; $120,000 to fund the expansion of heating and air conditioning to judge’s chambers on the third floor of the Whatcom County Courthouse; and $32,000 to fund the repair of a water-damaged elevator at the Whatcom County Courthouse. AB2021-601 (Ordinance 2021-069) Approved 4-2, Tyler Byrd and Ben Elenbaas opposed, Kathy Kershner absent.

270. Amend the Whatcom County Code related to finance, grants, purchasing, and revenue? At the 8/5/2014 meeting, vote #157, the council voted to streamline the grant process. At the 8/9/2016 meeting. Vote #147, and the 6/5/2018 meeting, vote #94, the council voted to amend the purchasing system. This amendment will update the purchasing code to include guidance from state law regarding advertising requirements and remove the sunset clause. AB2021-609 (Ordinance 2021-070) Approved 6-0, Kathy Kershner absent.

 Action Taken at November 17, 2021 Special Meeting

Shall the council:
271. Amend the 2021 budget (request #19) in the amount of $250,000? The executive issued a Proclamation of Emergency in response to flood conditions that exist across Whatcom County. The $250,000 expenditure is essential to preserve the health and safety of Whatcom County citizens. AB2021-700 (Ordinance 2021-071) Adopted 7-0

Action Taken at November 23, 2021 Meeting

Shall the council:
272. Authorize the executive to sign a $2,084,322 three-year contract with the Port of Bellingham and city of Bellingham to provide economic development services and fund the completion of special projects? In 2022 the county amount will be $708,165; in 2023 it will be $677,910 and in 2023 it will be $698,247. The contract will including funding the Western Washington University Small Business Development Center and maintaining the Choose Whatcom website. The contract expires on 12/31/2024. (AB2021-653) Approved 7-0

273. Authorize the executive to sign a $165,000 contract (amendment #4) with the Northwest Workforce Council of Bellingham? At the 10/27/2020 meeting, vote #196, the contract was approved to provide reimbursement of wages and benefits for eleven temporary health department employees (at a rate of $16,000 per participant) working on coronavirus-related response activities from 10/28/2020 to 6/30/2021; it was extended and per position funding was increased from $20,000 to $30,000 at the 9/14/2021 meeting, vote #200. This amendment will extend the contract for 11 positions, effective 10/15/2021 and increase the amount of per position from $30,000 to $45,000. The total amended contract shall not exceed $495,000; it expires on 5/31/2022. (AB2021-662) Approved 6-1, Ben Elenbaas opposed.

274. Authorize the executive to sign a $97,276 agreement with the Whatcom Conservation District for the Lake Whatcom Homeowners Incentive Program? Since 2016, the Whatcom Conservation District has providing technical assistance to homeowners in basins 1 and 2 of the Lake Whatcom watershed. At the 7/9/2013 meeting, vote #111, the council voted to partner with the city of Bellingham to reduce stormwater runoff and associated phosphorous pollution flowing into Lake Whatcom. Homeowners within the sub-basin are eligible to apply for $1,000 to $6,000 reimbursement for the installation of landscape features on their property to improve water quality, including impervious surface and lawn removal, infiltration trenches, native plantings, porous paving, and rain gardens. The agreement expires on 1/31/2023. (AB2021-667) Approved 7-0

275. Authorize the executive to sign a $70,656 contract with US Imaging, Inc., of Saginaw, Michigan? The contract will preserve, scan, and digitize historical county records that include: Auditor’s office fee books totaling 40,042 pages, commissioner proceedings totaling 39,258 pages, and miscellaneous volumes totaling 686 pages representing the years 1854 to 1987. The contract expires on 12/31/2022. (AB2021-677)  Approved 6-1, Ben Elenbaas opposed..

276. Authorize the executive to award the low bid of $86,063 to Arms Unlimited of Las Vegas, Nevada, for the purchase of 80 Mark 2 Less-Lethal Launchers? These shoulder-fired or rifle-mounted plastic impact projectile weapons produce very little sound, reduce on-scene stress and noise disruption. They replace devices made illegal by police reform legislation passed by the state Legislature that took effect on 7/25/2021. Two bids were received; the high bid was $134,024. (AB2021-680) Approved 7-0

277. Authorize the executive to sign a $28,966 contract (amendment #1) with US Imaging, Inc. of Saginaw, Michigan  to complete a digital image enhancement project? The project will preserve, scan, and digitize historical deed books from the Northwest Regional Archives for permanent storage. A vote at the 2/9/2021 meeting, vote #41, corrected an error in the original contract. This amendment adds 22,005 images to the original contract. The total amended contract is $156,966; it expires on 12/31/2021. (AB2021-682)  Approved 6-1, Ben Elenbaas opposed. 

278. Adopt the 2022 budget for the Whatcom County Flood Control Zone District and Subzones? (Public hearing held; Council acting as the flood control district board of supervisors.) The budget includes expenditures ($13,282,874) related to flood control and storm water conveyance in the following subzones and districts: Acme/Van Zandt; Lynden/Everson; Sumas/Nooksack/Everson; Samish Watershed; and Birch Bay Watershed and Aquatic Resources Management District. AB2021-622 (Resolution 2021-051) Amended and approved 6-0, Kathy Kershner absent.

279. Authorize the levy of taxes in 2022 for the Whatcom County Flood Control Zone District? (Public hearing held.) The levy will not change from the 2021 level except for new construction, improvements and any increase in the value of state-assessed property.  AB2021-635 (Resolution 2021-052) Approved 7-0

280. Order the cancellation of uncashed checks issued prior to 7/1/2020? Washington state law allows for the cancellation of checks unredeemed within one year of their issue. There are 262 uncashed checks (warrants) total $21,037. The uncashed checks were written to various businesses, groups, and individuals. Whatcom County has 224 uncashed checks totaling $11,423. The two largest checks totaling $2,490 were written to the Westford Funeral Home. There are eight other checks for $100 or more. The smallest check is for $2.60. The other 18  cemetery, fire, park, rural library and water districts have 38 uncashed checks totaling $9,614. The largest uncashed check to Card Member Services is for $2,948. There are eight other checks for more than $100. The smallest check is for $2.55. The money will be held for one year and then transferred to the state of Washington as abandoned property, where it will be available to the payee indefinitely AB2021-684 (Resolution 2021-053) Approved 6-1, Ben Elenbaas opposed.

281. Order the cancellation of accounts receivable incurred prior to 2020? State law requires that county legislative authorities audit the collection of money belonging to the county. There are 147 parking violations totaling $1,536 that will be written off as uncollectible. All but nine violations are for $10.00. AB2021-686 (Resolution 2021-054) Approved 6-1, Ben Elenbaas opposed.

282. Amend the 2022 budget (request #1) in the amount of $50,655,096? (Public hearing held.) Appropriated: $4,800,000 to fund general fund tax revenue adjustments; $1,118,000 to fund 2022 property tax and interest adjustments; $1,200,000 to fund adjustments to the 2022 sales tax revenue that funds juvenile criminal legal costs; $1,555,200 to fund 2022 paramedic training courses for 10 students; $1,495,500 to fund the creation of a fifth medical unit consisting of 10 paramedics; $3,860,191 to fund the coronavirus response-related work of 35 full-time, benefitted, short-term positions for 12 months, and 12 part-time positions; $3,500,000 to fund an emergency winter shelter for youth aged 18-24 who are experiencing homelessness; $3,500,000 to fund the development of childcare facilities for eligible parents with children under 5 years of age; $2,000.000 to fund workforce development activities designed to increase the number of childcare workers available; $3,000,000 to fund community infrastructure projects, including: the East Blaine sewer and Harvey water pump station projects; the Ferndale Church Road sewer project; and the Lynden fairgrounds storm water project; $2,000,000 to fund rural broadband development projects in Deming, Glacier, and Point Roberts; $2,393,971 to fund transfers from American Rescue Plan Act expenditures; $22,264,271 representing the second half of the ARPA payment to be received in June 2022; $2,000,000 to fund the Port of Bellingham rural broadband construction project; $1,100,000 to fund public improvement fund tax revenue adjustments. The complete list of expenditures can be accessed at: https://whatcom.legistar.com/View.ashx?M=F&ID=9933691&GUID=3211B684-B89D-4B64-BCD6-F752B990567B AB2021-628 (Ordinance 2021-072) Subsitute adopted 5-2, Tyler Byrd and Ben Elenbaas opposed.

283. Authorize the levy of taxes in 2022 for countywide emergency medical purposes? (Public hearing held.) The levy will not change from the 2021 level except for new construction and improvements. AB2021-623 (Ordinance 2021-073) Adopted 7-0

284. Authorize the levy of taxes in 2022 for county road purposes? (Public hearing held.) The levy will not change from the 2021 level except for new construction and improvements. For the 2022 budget year, $806,530 will be diverted from county road taxes and used for traffic enforcement. AB2021-632 (Ordinance 2021-074) Adopted 7-0

285. Authorize the levy of taxes in 2022 for countywide county and state purposes? (Public hearing held.) The levy will not change the general fund property tax from the 2021 level except for new construction, improvements and any increase in the value of assessed property. AB2021-633 (Ordinance 2021-075) Adopted 7-0

286. Limit the 2022 general fund tax levy? (Public hearing held.) The levy will not change from the 2021 level except for new construction, improvements and any increase in the value of assessed property.  AB2021-634 (Ordinance 2021-076) Adopted 7-0

287. Amend the project-based budget (request #2) for the E. Smith/Hannegan Road Intersection improvements Fund in the amount of $1,015,000? At the 11/7/2018 meeting, vote #175, the project-based budget was established. This project-base budget addresses traffic delays due to the lack of a left-turn lane through the installation of a double-lane roundabout. This amendment brings the total project-budget to $5,800,000. The project is listed as item number 2 on the six-year transportation plan. AB2021-627 (Ordinance 2021-077) Adopted 7-0

288. Establish a $650,000 project-based budget and intersection improvements fund for the intersection of the Birch Bay Lynden Rd & Blaine Rd? The project will install a roundabout at the intersection and is listed as item number six on the 2022 annual construction plan. This expenditure will partially fund right-of-way purchase and preliminary engineering with total costs anticipated at $1 million and the grand total at $5,050,000. AB2021-636 (Ordinance 2021-078) Adopted 7-0

289. Establish a $500,000 project-based budget and replacement fund for Goshen Road/Anderson Creek Bridge No. 248? The project will replace the existing 62-foot structurally deficient bridge with deteriorating girders, pile caps and piles. It will be replaced with a new pre-stressed concrete girder bridge. This expenditure will partially fund right-of-way purchase, contingency fee and preliminary engineering with total costs anticipated at $690,000. The project is listed as item number 35 on the annual construction plan. The county has been awarded a $5,024,950 federal grant to replace the bridge. AB2021-637 (Ordinance 2021-079) Adopted 7-0

290. Establish a $425,000 project-based budget and fish passage fund for North Fork Road/Kenney Creek? The existing 5-foot diameter corrugated steel culvert which carries Kenney Creek under the North Fork Road has been identified as a barrier to fish passage and, considering habitat to be gained, is considered one of the highest priority barriers within the county road system. This expenditure will fund preliminary engineering with right-of-way purchases and construction engineering costs anticipated at $770,000. The project is listed as item number 37 on the annual construction plan. The county has been awarded $3,418,000 in state grant funds for the project. AB2021-638 (Ordinance 2021-080) Adopted 7-0

291. Amend the 2022 budget (request #2) in the amount of $12,007,450? The amended amount will fund the 2022 annual construction program, approved by council at the 10/26/2021 meeting, vote #256. AB2021-640 (Ordinance 2021-081) Adopted 7-0

292. Establish a $700,000 project-based budget and replacement fund and for Jackson Road/Terrell Creek Bridge No. 81? The 62-foot bridge over Terrell Creek, near the intersection of Jackson Road and Birch Bay Drive, was built in 1975 and is nearing the end of its useful service life. It consists of two 31-foot channel beam girders supported on an intermediate pier with timber caps and piles. The $700,000 will cover preliminary design of the replacement bridge. The project is listed as item number 33 on the 2022 annual construction plan. AB2021-641 (Ordinance 2021-082) Adopted 7-0

293. Amend the Whatcom County code related to purchasing systems? The amendments will update the small public works roster process for the awarding of public works contracts and establishing a consulting services roster for architectural, engineering, and other professional services contracts. AB2021-650 (Ordinance 2021-083) Adopted 7-0

294. Amend the 2021 budget (request #20) in the amount of $500,000? Appropriated: $500,000 to cover emergency response costs related to countywide flooding. AB2021-732 (Ordinance 2021-084) Adopted 7-0  

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