Whatcom County Council

Compiled by Barry MacHale

Action Taken at December 5, 2022 Special Meeting

Shall the council:
301. Certify the collection of 2023 property tax levies for taxing districts? The collection refers to the regular levy, excess levy and refund levy. The taxing districts are: the cities of Bellingham, Blaine, Everson, Ferndale, Lynden, Nooksack and Sumas; Cemetery Districts 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10; Fire Districts 1, 4, 5, 7, 8, 11, 14, 16, 17, 18, 19, and 21; Fire EMS District 4, 11 and 16; Point Roberts Hospital, Point Roberts Parks and Recreation; Blaine-Birch Bay Parks and Recreation; Lynden Park and Recreation, Port of Bellingham; Whatcom County Rural Library, South Whatcom Regional Fire Authority; Affordable Housing Bellingham; Chuckanut Comm. Forest Park; Bellingham School District 501, Ferndale School District 502, Blaine School District 503, Lynden School District 504, Meridian School District 505, Nookack School District 506, Mt Baker School District 507 and Concrete School District 11. AB2022-589 (Resolution 2022-050) Approved 6-0,
Todd Donovan absent. 

Action Taken at December 6, 2022 Meeting 

Shall the council:
302. Authorize the executive to sign contracts with the City of Blaine and City of Ferndale? (Public hearing held.) The contract will update expired agreements that address issues related to the planning, annexation and development of land within the Blaine and Ferndale Urban Growth Areas. The contracts expire on 6/30/2032. (AB2022-587/642) Approved 6-0, Kathy Kershner absent.

303. Authorize the executive to sign agreements with the seven cities? (Public hearing held.) The agreements are with Bellingham, Blaine, Everson, Ferndale, Lynden, Nooksack and Sumas. The state Growth Management Act requires the county to adopt and update countywide planning policies. The County Council adopted countywide planning policies in 1993, and amended them in 1997, 2005, and 2021. (AB2022-643) Approved 6-0, Kathy Kershner absent.

304. Authorize the executive to sign a $93,000 contract with the Whatcom Conservation District for BBWARM stormwater programs? (Council acting as the flood control zone board of supervisors.) The contract with BBWARM (Birch Bay Watershed and Aquatic Resource Management) will fund outreach, education, and technical assistance for stormwater-related programs in the Terrell Creek and Birch Bay watersheds. The contract expires on 1/31/2024. AB2022-667 Approved 6-0, Kathy Kershner absent.

305. Authorize the executive to sign a $63,000 contract (amendment #1) with Lydia Place to support operations at the permanent supportive housing facility known as Heart House? At the 6/7/2022 meeting, vote #150, the original contract for $57,124 was approved. Heart House has 11-units and an integrated onsite childcare facility intended to house mothers with children who are experiencing homelessness. The total amended contract is $120,145; it expires on 12/31/2023. (AB2022-676) Approved 6-0, Kathy Kershner absent.

306. Authorize the executive to sign a $115,000 contract with Northwest Youth Services of Bellingham? The contract will support operations of the PAD emergency youth shelter program. According to the county 2022 Point in Time Report, approximately one out of five people experiencing homelessness was under the age of 18. The program provides shelter and support services for 13- to 17-year-old runaway and homeless youth. The contract expires on 12/31/2023. (AB2022-677). Amended and approved 4-2, Tyler Byrd and Ben Elenbaas opposed, Kathy Kershner absent.

307. Authorize the executive to sign a $482,572 contract (amendment #4) with Northwest Youth Services of Bellingham to provide housing case management services for youth through age 24? At the 6/29/2021 meeting, vote #151; the original contract for $178,771 was approved; it ran from 7/01/2021 to 12/31/2021.The purpose of this amendment is to extend the duration and terms of the contract for one year, as well as to require a community engagement plan by the contractor for a renewal of funding set for April 2023. The total amended contract is $1,053,814; it expires on 12/31/2023. AB2022-678) Amended and approved 4-2, Tyler Byrd and Ben Elenbaas opposed, Kathy Kershner absent.

308. Authorize the executive to sign a $85,207 contract (amendment #3) with Julota for data integration service? At the 11/23/2021 meeting, the original $61,350 contract to provide data support for tracking and monitoring services provided to individuals that access GRACE, LEAD, and EMS systems was approved. The amendment will fund cost increases over 2022. The total amended contract is $168,418; it expires on 12/31/2027. (AB2022-679) Approved 6-0, Kathy Kershner absent.

309. Authorize the executive to sign a $482,755 contract with the Sun Community Services of Bellingham? The contract will fund operations at Sun House, a nine-bed emergency shelter for adults with mental illness and a history of homelessness. The contract expires on 12/31/2023. (AB2022-680) Approved 6-0, Kathy Kershner absent.

310. Authorize the executive to sign a $607,235 contract (amendment #5) with the Opportunity Council of Bellingham to provide housing case management services through the Whatcom Homeless Service Center? At the 6/29/2021 meeting, vote #151; the original contract for $262,341 was approved; it ran from 7/01/2021 to 12/31/2021. The purpose of this amendment is to extend the duration and terms from one year, as well as to require a community engagement plan by the contractor for a renewal of funding set for April 2023. The total amended contract is $1,456,130; it expires on 12/31/2023. (AB2022-681) Approved 4-2, Tyler Byrd and Ben Elenbaas opposed, Kathy Kershner absent.

311. Authorize the executive to sign a $784,000 two-year contract with the City of Bellingham to provide funding to support the GRACE Program? The city will pay $392,000 annually; the estimated annual cost of the GRACE problem is $1,200,000. The program goals are to reduce first responder calls, emergency department visits, arrests, and jail admissions while improving health, well-being, and stability among frequent users of public services. The contract expires on 12/31/2024. (AB2022-685) Approved 6-0, Kathy Kershner absent.

312. Authorize the executive to accept a $300,000 federal grant from COPS (Community Oriented Policing Services) Technology and Equipment Program? The grant is from the U.S Department of Justice. The objective is to improve police effectiveness and the flow of information among law enforcement agencies, local government service providers and the communities they serve through the public safety radio system program. The expiration date is 3/31/2024.  (AB2022-687) Approved 6-0, Kathy Kershner absent.

313. Authorize the executive to sign a $128,382 contract (amendment #5) with the Northwest Regional Council of Bellingham to extend nursing services for juvenile detention detainees in the downtown jail and work center? The original contract for $1,456,501 was approved at the 12/3/2019 meeting, vote #286. This amendment will fund an increase in the hourly rate from $75.55 to $80.84. The total amended contract is $1,782,522; it expires on 12/31/2023. (AB2022-690) Approved 6-0, Kathy Kershner absent.

314. Authorize the executive to accept a $109,206 state grant (amendment #9) for the delivery and funding of various public health services? Services include: Covid vaccination programs; infectious disease control; homelessness; immunization programs; cannabis- and tobacco-use prevention programs; and zoonotic disease monitoring programs.The total amended contract is $8,487,174; it expires on 12/31/2024. (AB2022-700) Approved 6-0, Kathy Kershner absent.

315. Authorize the executive to sign a 2023-2025 collective bargaining agreement with the Washington State Nurses Association? The agreement includes: a 6 percent wage increase in 2023, 4 percent in 2024 and 3 percent in 2025; changes to vacation accrual; a premium for unscheduled weekend shifts; and a modification of standby pay rates. The agreement runs from 1/1/2023 to 12/31/2025. (AB2022-701) Approved 6-0, Kathy Kershner absent.

316. Authorize the executive to accept a $200,639 state grant to improve the quality of public defense services? The grant is from the Washington State Office of Public Defense. It will add two full time attorneys to the Whatcom County public defender’s office. The grant expires on 12/31/2023. (AB2022-702) Approved 6-0, Kathy Kershner absent.

317. Authorize the executive to sign three contracts — totaling $505,000 — to support the promotion of tourism? Contracts are with the Mount Baker Foothills ($125,000) and Birch Bay ($130,000) Chambers of Commerce and Bellingham/Whatcom County Tourism ($250,000). The contracts will also support operational costs for the regional visitors’ centers. All three contracts expire on 12/31/2023. (AB2022-703/704/705) Approved 6-0, Kathy Kershner absent.

318. Authorize the executive to sign a $120,000 contract with Northwest Regional Council in support of the Meals on Wheels Program? The program will support approximately 500 seniors in Whatcom County with home deliveries of nutritious meals, nutrition education, and social service referrals. The cost of a meal is approximately $2.56. The program allows a majority of the participants to remain in their homes an average of five years before needing to move to a skilled nursing facility. The contract expires on 12/31/2024. (AB2022-709) Approved 6-0, Kathy Kershner absent.

319. Authorize the executive to sign a $107,590 contract with Midwest Employer Casualty Company of Chesterfield, Missouri? The contract will renew insurance protection for the 2023 self-insured workers compensation program. It covers claims over $500,000 for non-law enforcement and over $750,000 for law enforcement. The contract expires on 12/23/2023. (AB2022-714) Approved 6-0, Kathy Kershner absent.

320. Authorize the executive to sign a $449,253 contract with Habitat for Humanity? The contract will support the purchase of property in Everson with the intention of developing 30 homes for low- to moderate-income households in Whatcom County. The funds are provided by the American Rescue Plan Act. At least 75 percent of the homes will be available to households earning no more than 80 percent of the area median income. The expiration date is 12/31/2028. (AB2022-718) Substitute approved 5-1, Carol Frazey opposed, Kathy Kershner absent.

321. Authorize the executive to sign a $150,000 contract with World Relief Western Washington of Kent? The contract will facilitate distribution of state refugee relief funds. World Relief will identify and disburse funding to eligible refugees (not more than $3,000 per household and no less than 50 households) from the Russian war on Ukraine. The contract expires on 6/30/2023. (AB2022-675) Approved 6-0, Kathy Kershner absent.

322. Declare property surplus and approve the sale? (Public hearing held.)  State law permits the sale of property declared to be surplus and the county purchasing agent has determined it is in the best interest of the county to sell the following property: a 15-foot strip of land less than 1 acre off the State Highway 539. The property shall be sold by sealed bid for a minimum price of $890. AB2022-581 (Resolution 2022-051) Approved 5-0-1, Ben Elenbaas abstained and Kathy Kershner absent.

323. Certify Whatcom County’s property tax levies for 2023? State requires county-level legislative authorities to certify to the county assessor the amount of taxes to be levied by the county. The funds and amounts are: General fund ($42,987,796); Road fund ($21,160,178); countywide EMS fund ($13,259,616); flood control district ($6,406,615); and Conservation Futures Fund ($1,130,301). AB2022-720 (Resolution 2022-052) Substitute approved 5-1, Ben Elenbaas opposed, Kathy Kershner absent.

324. Approve three applications for open space assessment? The Open Space Taxation Act was passed by the state legislature in 1970 to prevent development inconsistent with commercial agriculture and forestry, and the preservation of other natural environments of historic and recreational importance. The county Planning and Development Services administers the open space and farm conservation land classification programs and received seven applications for open space current use assessment. Four applications were withdrawn by the applicants and three applications recommended: Leslie Grace/Jeremiah Schwartz (open space farm and agriculture conservation land – 8.85 acres); Whatcom Land Trust (open space land – 1,019 acres); Intalco (reclassify to open space farm and agricultural conservation land – 615 acres). AB2022-627 (Resolution 2022-053) Approved 6-0, Kathy Kershner absent.

325. Install stop signs on Bay Road at the intersection of Kickerville Road? (Public hearing held.) The county engineer’s office has determined that stop signs be installed to improve safety. Stop signs will be installed for westbound and eastbound traffic on Bay Road at the Kickerville Road intersection. AB2022-651 (Ordinance 2022-087) Adopted 6-0, Kathy Kershner absent. 

326. Install stop signs on Bay Road at the intersection with Valley View Road? (Public hearing held.) The county engineer’s office has determined that stop signs be installed to improve safety. Stop signs will be installed for westbound and eastbound traffic on Bay Road at the Valley View Road intersection. AB2022-652 (Ordinance 2022-088) Adopted 6-0, Kathy Kershner absent.

327. Remove stop signs on Harksell Road at the intersection with Woodland Road? (Public hearing held.) The county engineer’s office has determined that Harksell Road stop signs at the intersections with Woodland Road should be removed to allow free movement of eastbound and westbound traffic. A stop sign will be installed southbound on Woodland Road. AB2022-654 (Ordinance 2022-089) Adopted 6-0, Kathy Kershner absent.

328. Adopt the 2023 Whatcom County unified fee schedule? (Public hearing held.) The schedule lists fees charged by the county to provide services such as building permits, parking, filing and licensing, animal control and charges for park equipment and facilities. The fees shall not exceed reimbursement costs to the providing department and the executive may add or adjust fees with sufficient justification. AB2022-665 (Ordinance 2022-090) Adopted 4-2, Tyler Byrd, and Ben Elenbaas opposed, Kathy Kershner absent.

329. Amend the Whatcom County code relating to apprenticeship requirements for publicly funded construction projects? (Public hearing held.) At the 11/19/2019 meeting, vote #268, the council approved an ordinance requiring public funds be spent for a contractor apprenticeship program. This amendment will extend the start dates and enhance the requirements for the contractor apprenticeship program. AB2022-673 (Ordinance 2022-091) Adopted Approved 6-0, Kathy Kershner absent.

330. Authorize the levy of 2023 property taxes for Whatcom County? (Public hearing held.) The levy will increase by 1 percent of the property tax from the 2022 level or $321,752. In the November 2022 general election, the voters of Whatcom County approved Proposition 5 to increase tax levy by $0.19 per $1,000 of assessed value on taxable property for approximately $9,976,044 and placed it in the Healthy Children’s Fund. This increase is exclusive of additional revenue resulting from new construction, improvements, and any increase in the value of assessed property. AB2022-688 (Ordinance 2022-092) Substitute amended and adopted 4-2, Tyler Byrd, and Ben Elenbaas opposed, Kathy Kershner absent.

331. Amend Whatcom County code relating to the Whatcom County Wildlife Advisory Committee? The ordinance that created the committee featured a sunset date of 12/31/2022. These amendments will extend the existence of the committee until 12/31/2026 and add a .25 FTE (full-time equivalent) staff member in order to continue work on wildlife-related issues in the county in accordance with the state Growth Management Act. AB2022-636 (Ordinance 2022-093) Adopted 5-1, Ben Elenbaas opposed, Kathy Kershner absent.

332. Amend Whatcom County code relating to three shellfish protection districts? The Drayton Harbor Shellfish Protection District was created in 1995, the Portage Bay Shellfish Protection District in 1998 and the Birch Bay Shellfish Protection District in 2010. The amendments will extend the sunset dates for the three shellfish protection districts to 12/31/2026 in order to achieve water quality improvements. AB2022-661 (Ordinance 2022-094) Adopted 6-0, Kathy Kershner absent.

333. Amend the Silver Beach Creek Stormwater Improvements Project Fund (request #1)? At the 7/31/2020 meeting, vote #131, the original $780,000 fund and project-based budget was established to reduce sediment and phosphorous discharge into Lake Whatcom. This amendment will use $429,000 of original budget to complete phase two of the project. AB2022-657 (Ordinance 2022-095) Approved 6-0, Kathy Kershner absent.

334. Amend the 2023 Whatcom County budget (request #1) in the amount of $9,737,304? Appropriated: $9,737,304 to fund projects included in the 2023 annual road construction program. The 2023 annual construction program was approved at the 10/25/2022 meeting, vote #259. It included 55 projects and total estimated expenditures of $29,536,000. AB2022-659 (Ordinance 2022-096) Adopted 6-0, Kathy Kershner absent.

335. Amend the project-based budget for the North Lake Samish Road Bridge Replacement Fund  (request #2)? At the 11/20/2018 meeting, vote #201, the council voted to establish the replacement fund and a $770,000 project-based budget, and added $10,475,000 in funding at the 6/7/2022 meeting, vote #170. This amendment will add $1,027,368 of expenditure authority to fund additional preliminary engineering and construction costs. The county has been awarded $8,997,310 in federal funds for the project. The total amended budget is $12,272,368. AB2022-660 (Ordinance 2022-097) Adopted 6-0, Kathy Kershner absent.

336. Amend the 2022 budget (request #16) in the amount of $636,513? Appropriated: $20,000 for the aquatic invasive species program overtime; $14,001 to fund the purchase of ballistic vests at the sheriff’s offfice; $102,512 to fund overtime at the sheriff’s office; $500,000 to fund assistance for victims of the 2021 flood event in northern Whatcom County. AB2022-662 (Ordinance 2022-098) Adopted 6-0, Kathy Kershner absent.  

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