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HomeMy WebLinkAboutCouncil Jul 7 2020Whatcom County Council COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 Minutes - Final 1�/1�iY�ll�Puh1�L[e��LL��.�L�]►1111►1�1 Tuesday, July 7, 2020 6PM Virtual Meeting COUNCILMEMBERS Rod Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. Council Minutes - Final July 7, 2020 COUNTY COUNCIL CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 6 p.m. in a virtual meeting. ROLL CALL Present: 6 - Rud Browne, Barry Buchanan, Tyler Byrd, Todd Donovan, Carol Frazey, and Ben Elenbaas Absent: 1 - Kathy Kershner FLAG SALUTE ANNOUNCEMENTS Satpal Sidhu, County Executive 1. AB2020-279 Reading (as required) of Public Employment Relations Commission (PERC) notice Nan Kallunki, Administrative Services Department, briefed the Councilmembers and read a notice into the record (notice attached to these minutes). Satpal Sidhu, County Executive, reported to the Council about the Whatcom Unified Command (WUC) and stated that they would remain active until the end of this year but that they would have a reduced function with the flexibility to expand on an as -needed basis. He also spoke about the role of the Health Department, the distribution of masks, and the status of the Byron Avenue isolation center. This reading of the notice was ACCEPTED and appended to the minutes. MINUTES CONSENT Fraley moved to accept the minutes consent items. The motion was seconded (see votes on individual items below). 1. MIN2020-048 Special Council for March 26, 2020 Frazey moved and Donovan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner 2. MIN2020-049 Special Council for March 31, 2020 Whatcom County Page 1 Printed on 911212020 Council Minutes - Final July 7, 2020 Frazey moved and Donovan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner 3. MIN2020-050 Special Council for April 3, 2020 Frazey moved and Donovan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner 4. MIN2020-051 Regular County Council for April 7, 2020 Frazey moved and Donovan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: I - Kershner 5. MIN2020-052 Special Council for April 9, 2020 Frazey moved and Donovan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner 6. MIN2020-053 Committee of the Whole -Executive Session for April 21, 2020 Frazey moved and Donovan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner 7. MIN2020-054 Regular County Council for April 21, 2020 WHatcom County Page 2 Printed on 811212020 Council Minutes - Final July 7, 2020 Frazey moved and Donovan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner 8. MIN2020-055 Regular County Council for May 5, 2020 Frazey moved and Donovan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner 9. MIN2020-056 Committee of the Whole -Executive Session for May 5, 2020 Frazey moved and Donovan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: I - Kershner 10. MIN2020-059 Committee of the Whole -Executive Session for May 19, 2020 Frazey moved and Donovan seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner PUBLIC HEARINGS 1. AB2020-064 Ordinance finalizing a revised system of assessment for Drainage Improvement District No. 5 Paula Harris, Public Works Department, briefed the Councilmembers on the agenda item and answered questions about whether the Ordinance has to list every address of people in the district and whether the rate has been changed. Clerk's note: Council staffplayed an instructional video on how to join Whatcom County Page 3 Printed on 8/12t2020 Council Minutes - Final July 7, 2020 the meeting to speak. Buchanan opened the public hearing and the following people spoke: • Richard Pylilo Hearing no one else, Buchanan closed the public hearing. Byrd moved and Donovan seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner Enactment No: ORD 2020-037 2. AB2020-213 Ordinance authorizing installation of stop signs on Truck Road Jim Karcher, Public Works, stated he was available for questions but there were none. Buchanan opened the public hearing and hearing no one, closed the public hearing. Byrd moved and Donovan seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: t - Kershner Enactment No: ORD 2020-038 OPEN SESSION (20 MINUTES) Clerk's note: Council staffplayed an instructional video on how to join the meeting to speak. The following people spoke: Doug Gustafson Kathy Sabel Mary McIntosh Markis Dee OTHER ITEMS Whatcom County Page 4 Printed on 811212020 Council Minutes - Final July 7, 2020 (From Council Natural Resources Committee) 1. AB2020-256 Resolution adopting the Lake Whatcom Management Program 2020-2024 Work Plan Donovan reported for the Natural Resources Committee and moved that the Resolution be approved. Donovan's motion that the Resolution be APPROVED carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner Enactment No: RES 2020-023 (From Council Finance and Administrative Services Committee) 2. AB2020-255 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Skagit County for participation in the Youth Marijuana Prevention and Education Program, in the amount of $26,000 Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be authorized. Councilmembers discussed the motion. Byrd's motion that the Interlocal be AUTHORIZED carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Elenbaas Nay: 1 - Byrd Absent: 1 - Kershner 3. AB2020-258 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and San Juan County for participation in the Youth Marijuana Prevention and Education Program, in the amount of $26,000 Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be authorized. Byrd's motion that the Interlocal be AUTHORIZED carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Frazey, and Elenbaas Nay: 1 - Byrd Whatcom County Page 5 Printed on 811212010 Council Minutes - Final July 7, 2020 Absent: 1 - Kershner 4. AB2020-260 Resolution requesting authorization to make an application and enter into a grant agreement with the Washington State Recreation and Conservation Office to develop an outdoor sports court at the East Whatcom Regional Resource Center Byrd reported for the Finance and Administrative Services Committee and moved that the Resolution be approved. Byrd's motion that the Resolution be APPROVED carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: I - Kershner Enactment No: RES 2020-024 5. AB2020-267 Request permission for the County Executive and the County Council to enter into an agreement for funding support and implementation of the Duffner Ditch Culvert and Flood Gate Replacement Project (Council acting as the Flood Control Zone District Board of Supervisors) Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be authorized. Byrd's motion that the Contract (FCZDBS) be AUTHORIZED carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner 6. AB2020-268 Request permission for the County Executive and the County Council to enter into an agreement between the Ag Water Board of Whatcom County and the Whatcom County Flood Control Zone District relating to Funding Support for Participation in the Flood Integrated Planning Process (FLIP) (Council acting as the Flood Control Zone District Board of Supervisors) Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be authorized. Byrd's motion that the Contract (FCZDBS) be AUTHORIZED carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Wkatcom County page 6 Printed on 811212020 Council Minutes - Final July 7, 2020 Absent: 1 - Kershner 7. AB2020-269 Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Military Department, in the amount of $400,725. Byrd reported for the Finance and Administrative Services Committee and moved that the Agreement be authorized. Frazey read the following statement from a memo from the Whatcom County Sheriff: "Participating agencies will not enforce Title Eight" which is concerning United States Immigration Law. Byrd's motion that the Agreement be AUTHORIZED carried by the following vote: Aye: 5 - Browne, Buchanan, Byrd, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner Abstain: 1 - Donovan 8. AB2020-270 Request authorization for the County Executive to enter into a contract between Whatcom County and the U.S. Department of Justice in the amount of $10,000. Byrd reported for the Finance and Administrative Services Committee and moved that the Agreement be authorized. Byrd's motion that the Agreement be AUTHORIZED carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner 9. AB2020-271 Request authorization for the County Executive to enter into an Interagency Agreement amendment between Whatcom County Flood Control Zone District and Washington State Department of Health for support of the Pollution Identification and Correction (PIC) program in the amount of $447,732 for a total amended contract amount of $1,047,732 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be authorized. Byrd's motion that the Contract (FCZDBS) be AUTHORIZED carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Whatcom County Page 7 Printed on 811212020 Council Minutes - Final July 7, 2020 Nay: 0 Absent: 1 - Kershner 10. AB2020-273 Request authorization for the County Executive to award bid #20-33 and enter into a contract between Whatcom County and Boss Construction, Inc. for the Swift Creek Channel Excavation and Oat Coles North Repository Development project in the amount of $644,554.61 Byrd reported for the Finance and Administrative Services Committee and moved that the Bid Award be authorized. Byrd's motion that the Bid Award be AUTHORIZED carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner 11. AB2020-275 Resolution amending Resolution 2019-061 (Amendment #1) relating to the salary schedule and policies for unrepresented Whatcom County employees Byrd reported for the Finance and Administrative Services Committee and moved that the Resolution be approved. Byrd's motion that the Resolution be APPROVED carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner Enactment No: RES 2020-025 (From Council Committee of the Whole) 12. AB2020-263 Request authorization for the County Executive to sign a proposed interlocal agreement between Whatcom County and the cities relating to interim procedures for amending the Countywide Planning Policies Mark Personius, Planning and Development Services Department Director, briefed the Councilmembers. Donovan moved and Frazey seconded that the Interlocal be AUTHORIZED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Whatcom County Page 8 Printed on 811212020 Council Minutes - Final July 7, 2020 Absent: 1 - Kershner (No Committee Assignment) 15. AB2020-294 Resolution supporting the Executive's Budget Goals for 2021-2022 Buchanan reported for the Committee of the Whole Committee and stated this item was recommended to the full Council. Donovan spoke about corrected scrivener's errors and moved that the Resolution be approved as it was amended in Committee of the Whole. The motion was seconded by Frazey. Donovan's motion that the Resolution be APPROVED AS AMENDED carried by the following vote: Aye: 4 - Browne, Buchanan, Donovan, and Frazey Nay: 2 - Byrd, and Elenbaas Absent: 1 - Kershner Enactment No: RES 2020-026 13. AB2020-106 Resolution docketing comprehensive plan and development regulation amendments Mark Personius, Planning and Development Services Department Director, briefed the Councilmembers. He stated that there would need to be a motion to not waive the fees. Byrd moved that the Resolution be approved. The motion was seconded by Donovan. Councilmembers and Personius discussed the Resolution. The motion carried by the following vote: Aye: 5 - Frazey, Browne, Buchanan, Byrd, and Donovan Nay: 1 - Elenbaas Absent: 1 - Kershner Donovan moved to waive the fees for the privately proposed items. Councilmembers and Personius discussed the motion and how it should be stated. Donovan withdrew his motion and moved to deny the request for a fee waiver for applications PLN2020-00003 and PLN2020-00004. The motion was seconded by Browne. Whatcom County Page 9 Panted on 911212020 Council Minutes - Final July 7, 2020 Councilmembers and Personius discussed the motion, the amount of the fees, how much of the Planning Department budget comes from fees, whether moving forward with a development proposal would increase the tax revenue for the County in the long term, and whether someone could make an argument that a mistake was made with how the zoning is right now. The motion to deny the request for a fee waiver carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Elenbaas, and Frazey Nay: 1 - Byrd Absent: 1 - Kershner As noted above, Byrd's motion that the Resolution be APPROVED carried by the following vote: Aye: 5 - Browne, Buchanan, Byrd, Donovan, and Frazey Nay: 1 - Elenbaas Absent: 1 - Kershner Enactment No: RES 2020-027 14. AB2020-259 Resolution amending the Homeless Strategies Workgroup to establish two-year terms for Council -appointed members Donovan moved that the Resolution be approved. The motion was seconded by Byrd. Cathy Halka, Council Office, answered questions about how the Resolution affects the membership. Clerk's note: The Council voted later in the meeting (see notes on AB2020-138) to amend the Resolution to include two positions instead of one. The amended Resolution was approved and signed. Donovan's motion that the Resolution be APPROVED carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner Enactment No: RES 2020-028 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES Whatcom County Page 10 Printed on 811212020 Council Minutes - Final July 7, 2020 AB2020-138 Appointment to the Homeless Strategies Workgroup, Homeless Children and Families position, applicant(s): Joel Kennedy and Emily O'Connor Cathy Halka, Council Office, answered a question about whether this appointment is for one position or two. Byrd moved to nominate and appoint Joel Kennedy. The motion was seconded by Elenbaas. Frazey moved to nominate and appoint Emily O'Connor. The motion was seconded by Browne. Councilmembers discussed the applicants. Donovan suggested that they amend the Resolution (AB2020-259) to allow for both applicants. Councilmembers discussed Donovan's suggestion to amend the Resolution and the requirements for the position. Frazey withdrew her motion to nominate and appoint O'Connor. Byrd withdrew his motion to nominate and appoint Kennedy. Buchanan moved to amend the Resolution to expand the position to two seats. The motion was seconded by Donovan. Clerk's note: This amended the Resolution approved earlier in the meeting (AB2020-259). The motion to amend Resolution 2020-028 carried by the following vote: Aye: 5 - Buchanan, Byrd, Donovan, Frazey, and Browne Nay: 1 - Elenbaas Absent: 1 - Kershner Buchanan moved and Byrd seconded that both applicants be NOMINATED AND APPOINTED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner 2. AB2020-248 Appointment to the Noxious Weed Board, District 3, applicant(s): George Kaas Frazey moved and Byrd seconded that the applicant be APPOINTED. The motion carried by the following vote: whatcom County Page I Printed on 811212020 Council Minutes - Final July 7, 2020 Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner 3. AB2020-249 Appointment to Drainage District 3, commissioner position 3, applicant(s): Paul Sangha Donovan moved and Elenbaas seconded that the appplicant be APPOINTED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner 4. AB2020-250 Appointment to the Homeless Strategies Workgroup, Schools position, applicant(s): Lisa Marx Elenbaas moved and Byrd seconded that the applicant be APPOINTED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 1. AB2020-264 Request confirmation of the County Executive's reappointments of Jodi Sipes and Jana Finkbonner to the Northwest Senior Services Board Donovan moved and Browne seconded that the applicants be CONFIRMED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner 2. AB2020-265 Request confirmation of County Executive's appointment of Nicholas Evans and Mullane Harrington to the Behavioral Health Advisory Committee Byrd moved and Frazey seconded that the applicants be CONFIRMED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Whatcom County page 12 Printed on 811212020 Council Minutes - Final July 7, 2020 Nay: 0 Absent: I - Kershner 3. AB2020-266 Request confirmation of County Executive's appointment of Peter Coy to the Parks and Recreation Commission Frazey moved and Donovan seconded that the applicant be CONFIRMED. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Byrd, Donovan, and Frazey Nay: 1 - Elenbaas Absent: 1 - Kershner 4. AB2020-272 Request confirmation of County Executive's appointment of Emily O'Connor and Krista Touros to the Commission on Sexual and Domestic Violence Frazey moved and Browne seconded that the applicants be CONFIRMED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner INTRODUCTION ITEMS Donovan moved to introduce items one through seven. The motion was seconded (see votes on individual items below). 1. AB2020-276 Ordinance amending the 2020 Whatcom County Budget, request no. 14, in the amount of $1,810,500 Donovan moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner Enactment No: ORD 2020-039 2. AB2020-277 Ordinance establishing the Silver Beach Creek Fund and establishing a project based budget for the Silver Beach Creek Stormwater Improvements Fund Donovan moved and Frazey seconded that the Ordinance be INTRODUCED. The motion carried by the following vote: Whateont County Page 13 Printed on 811212020 Council Minutes - Final July 7, 2020 Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner Enactment No: ORD 2020-040 3. AB2020-281 Appointment to the Wildlife Advisory Committee, member with technical expertise, applicant(s): Barry Wenger Donovan moved and Frazey seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner 4. AB2020-282 Appointment to the Homeless Strategies Workgroup, Homeless Advocate position, applicant(s): Markis (Dee) Stidham Donovan moved and Frazey seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner 5. AB2020-283 Appointment to Consolidated Drainage Improvement District 1, supervisor position 3, applicant(s): James Bouma that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner 6. AB2020-253 Resolution authorizing Whatcom County to enter into a twenty-year communication tower lease agreement with Verizon Wireless for an existing tower site located at the Lookout Mountain Forest Reserve Donovan moved and Frazey seconded that the Resolution Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried Whatcom County Page 14 Printed on 811212020 Council Minutes - Final July 7, 2020 by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner Enactment No: RES 2020-031 7. AB2020-254 Resolution authorizing Whatcom County to enter into a twenty-year communication lease agreement with PI Tower Development LLC for an existing tower site located at the Lookout Mountain Forest Reserve Donovan moved and Frazey seconded that the Resolution Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 - Kershner Enactment No: RES 2020-029 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ADJOURN Councilmembers discussed fee waivers for docketed applications (see discussion on A132020-106). Councilmembers and Satpal Sidhu, County Executive, discussed the comments and email by Richard Pylilo regarding Legislation concerning safe visitation of spouses and family members to patients in care facilities during the COVID-19 crisis and possible solutions. The meeting adjourned at 8:09 p.m. The County Council approved these minutes on August 5, 2020. Wkatcoin County Page 1S Primed on 811212020 Council Minutes - Final July 7, 2020 AT `F�,S ?G IO O, lbana H �o*aq av��yiuncil Clerk e'a ••Sh•• �A- 44�. Kristi Felbinger, Minutes Trans "ption WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA tarryAuchanan,Council Chair Whatcom County Page 16 Printed on 811212020 NOTICE TO EMPLOYEES OF UNFAIR LABOR PRACTICE CASE: 131286-U-19 STATE LAW GIVES YOU THE RIGHT TO DECISION: 13082-A • self -organize, join, or assist labor or employee organizations. • bargain collectively through a representative of your choice. refuse to pay dues to a union unless you have affirmatively agreed to make such payments. THE WASHINGTON STATE PUBLIC EMPLOYMENT RELATIONS COMMISSION (PERC) CONDUCTED A LEGAL PROCEEDING, ISSUED A RULING THAT WHATCOM COUNTY COMMITTED AN UNFAIR LABOR PRACTICE, AND ORDERED THAT THIS NOTICE BE POSTED TO EMPLOYEES: WE UNLAWFULLY DEDUCTED THE EMPLOYEE SHARE OF THE PAID FAMILY AND MEDICAL LEAVE PREMIUMS FROM EMPLOYEES' PAYCHECKS. WE UNLAWFULLY FAILED OR REFUSED TO BARGAIN IN GOOD FAITH WITH THE WHATCOM COUNTY DEPUTY SHERIFF'S GUILD OVER THE DECISION TO DEDUCT THE EMPLOYEE SHARE AND THE AMOUNT OF EMPLOYEE PREMIUMS FOR THE PAID FAMILY AND MEDICAL LEAVE PREMIUM. TO REMEDY OUR UNFAIR LABOR PRACTICE(S): WE WILL GIVE NOTICE TO AND, UPON REQUEST, NEGOTIATE IN GOOD FAITH WITH THE WHATCOM COUNTY DEPUTY SHERIFF'S GUILD, INCLUDING MEDIATING AND PURSING INTEREST ARBITRATION IF NECESSARY, BEFORE IMPLEMENTING THE EMPLOYEE PAID FAMILY AND MEDICAL LEAVE PREMIUM, WE WILL MAKE EMPLOYEES WHOLE BY REIMBURSING EMPLOYEES FOR ANY EMPLOYEE PFML PREMIUMS DEDUCTED FROM THEIR WAGES BEGINNING JANUARY 4, 2019. BACK PAY SHALL BE COMPUTED IN CONFORMITY WITH WAC 391-45-410. WE WILL RESTORE THE STATUS QUO ANTE BY REINSTATING THE WAGES, HOURS, AND WORKING CONDITIONS THAT EXISTED FOR THE EMPLOYEES IN THE AFFECTED BARGAINING UNIT PRIOR TO THE UNILATERAL CHANGE THAT OCCURRED WHEN THE EMPLOYER BEGAN DEDUCTING THE MAXIMUM EMPLOYEE CONTRIBUTION TO THE PAID FAMILY AND MEDICAL LEAVE PREMIUM FOUND UNLAWFUL IN THIS ORDER. WE WILL NOT IN ANY OTHER MANNER INTERFER WITH, RESTRAIN, OR COERCING EMPLOYEES IN THE EXERCISE OF THEIR COLLECTIVE BARGAINING RIGHTS UNDER THE LAWS OF THE STATE OF WASHINGTON. 71 WHATCOM COUNTY BY. ✓ " �..i DATE: T % ZCl ZU Narhand Title of Authorized Representative The decision relating to this violation can be found on the PERC website at ons.perc wa.aov. PERC PUBLIC EMPLOYMENT RELATIONS COMMISSION THIS NOTICE MUST BE POSTED FOR 60 CONSECUTIVE DAYS AND MAY NOT BE ALTERED, DEFACED, OR COVERED. Questions? Visit perc.wa.aoy or contact a PERC unfair labor practice administrator: Dario de la Rosa Emily Whitney dario.delar©sa,�7uperc wa.gov emily.whitrteX@pgrc wa.gov 360.570.7328 360.664.3047