Whatcom County Council

Action Taken at March 13, 2012 Meeting

Shall the council:

42. Authorize the executive to sign a $109,400 contract with Zervas Group Architects of Bellingham to repair water damage at the Civic Center Annex? At the 11/10/2009 meeting, vote #246, the council approved alterations totaling $929,287 for the Civic Center Building. This vote is to repair leaking windows that are causing water damage to insulation and finish material in the four story building. This contract brings the total project costs to $1,404,036. The contract runs from 3/1/2012 through 12/31/2012. (AB2012-111) Approved 6-1, Barbara Brenner opposed.1

43. Authorize the executive to sign a $198,085 contract with the Opportunity Council to support the Community Energy Challenge to help create residential energy projects? Emphasis will be on increasing energy audits and retrofits and providing technical assistance to local consumers, to ultimately reduce energy consumption. Homeowners located in unincorporated Whatcom County must undergo a home energy assessment for $195.00 to access the incentives and then be able to finance the energy improvement work. The contract runs from 2/1/2012 through 9/13/2012. (AB2012-112) Approved 7-0

44. Authorize the executive to approve the spending of $150,694 to purchase two tractors from Washington Tractor of Lynden? The two tractors that will be replaced are: a 2003 New Holland tractor with 7,017 hours and a 2004 New Holland tractor with 7,002 hours. The new models are 2012 John Deere 6430 premium tractors. (AB2012-114) Approved 5-2, Bill Knutzen and Barbara Brenner opposed.2

45. Authorize the executive to award the low bids of $840,000 McAsphalt Industries of Langley, B.C. and Paramount Petroleum of Seattle for delivery and supply of asphaltic emulsions? McAsphalt was the only bid for CRS-2 type of road oil and Paramount bid lowest for CRS-2P type. Road oil is used for the county’s road maintenance program. The cost of road oil over the past four years has varied from a high of $717,393 in 2008 to a low of $469,935 in 2009. The material was advertised and two bids were received. (AB2012-115) Approved 7-0

46. Authorize the executive to sign a $30,000 contract with Anchor QEA of Seattle to provide consulting services to complete phase two of riparian assessment from Point Whitehorn south to Skagit County? (Council acting as flood control district board of supervisors) Phase one (see 12/8/2009 meeting, vote #283) assessed the nearshore shoreline from the U.S.-Canadian border to Point Whitehorn; the California, Dakota and Terrell Creek watersheds. Phase two will exclude the Lummi Indian Reservation and the city of Bellingham but include Jordan, Silver, Squalicum, Padden and Chuckanut Creek watersheds. Priority enhancement/restoration areas will be identified. This project supports the county’s natural resource programs related to water quality, and shellfish and salmon recovery. The contract runs from 2/29/2012 through 12/31/2012. AB2012-096) Approved 7-0

47. Grant a non-exclusive franchise to Georgia Manor Water Association for a period of 25 years to operate and maintain water lines along certain roads and highways in incorporated areas of Whatcom County? This grant is a new franchise that will provide water to association members by authorizing continued use of certain rights-of-way. The Georgia Manor Water Association is bounded by Northgate Road on the north, Leeward Way on the west, Southgate Road on the south and Haxton Way on the east. AB2011-181 (Ordinance 2012-011) Adopted 6-0-1 Ken Mann abstained.

48. Reduce maximum allowable floor area of certain conditionally permitted non-residential use on Urban Residential Mixed Use zone from 5,000 square feet to 2,500 square feet? At the 4/12/2011 meeting, vote #52, the council adopted an ordinance (2011-008) allowing restaurants and coffee shops to increase their building size from 2,500 square feet to 5,000 square feet. At the city council meeting on 4/25/2011, vote #68, the city of Bellingham was authorized to appeal the ordinance (2011-008) to the Western Washington Growth Management Hearings Board. At the 11/9/2011 meeting, vote #182, the County Council approved a settlement agreement with the city of Bellingham related to the Growth Management Hearings Board case. The remaining portions of the ordinance are not affected, specifying location and site criteria within a neighborhood center. AB2012-102 (Ordinance 2012-012) Adopted 7-0

49. Repeal one-time, two-year economic hardship extensions for land use permits? A two-year economic hardship extension was first passed as an interim ordinance at the 5/11/2010 meeting, vote #103, and continued at the 12/7/2010 meeting, vote #238. The extension was to run from 1/1/2009 until 3/1/2012. The Western Washington Growth Management Hearing Board invalidated the ordinance, this vote repeals the ordinance. AB2012-103 (Ordinance 2012-013) Adopted 7-0

50. Reduce the petty cash revolving fund in the Park and Recreation Department? The amount in the fund will be reduced by $700.00 to a total of $4,000? The Plantation Rifle Range fund will be $2,000; the Silver Lake Park fund will be $800; the Lighthouse Marine park fund will be $600; the Samish Park fund will be $500 and the Hovander Homestead Park fund will be $100. The fund level can be reduced, aligning with request by state auditor to insure accountability. AB2012-104 (Ordinance 2012-014) Adopted 7-0

1From Barbara Brenner: I opposed the Civic Center Building repairs because the county has continued to spend large amounts of money on repairs/restoration of this building. Costs have included non structural fixes that will likely be required to be done over before finishing the building. We have had multiple votes on expenditures for leaks on the building over the last several years. The council has never seen a detailed, itemized plan for the specific costs to complete all necessary work. The repairs/restoration keep coming to the council piecemeal, not in the order that would be expected to be the most cost-effective. The building was in bad shape when the county purchased it. The council deserved to know if it would cost more to keep restoring it than it would have cost to demolish and start over. It seems like a money pit.

2From Barbara Brenner: I opposed the purchase of two tractors because we never received any information regarding the condition of the tractors we have. The amount of hours on a piece of equipment does not necessarily equal the condition.

Action Taken at March 27, 2012 Meeting

Shall the council:

51. Authorize the executive to sign agreements with seven cities in Whatcom County concerning planning, annexation and development within the cities’ Urban Growth Areas? (Seven public hearings held.) The agreements with Bellingham, Blaine, Everson, Ferndale, Lynden, Nooksack and Sumas are being summarized into this single entry because they are all generally the same. The previous ten-year agreements have expired. City and county planners as well as selected officials from the cities and the county are meeting to coordinate and review the issues associated with growth management planning. Land capacity analysis methodology will be reviewed and capital financial planning will be coordinated addressing issues unique to each city. There is need for proper transition of services and projects from county to city at time of annexation and coordination of land use densities and designations is necessary to reduce urban sprawl and protect rural areas. Population and employment projections, stormwater and transportation plans, zoning, watershed planning, parks and recreation, police, fire and emergency medical services, sales tax revenue,wetlands mitigation, transfer of development rights are among the many considerations to work out with the cities separately, each with their specific needs and uniqueness. (AB2011-340A/340B/340C/340D/340E/340F/340G) Approved 7-0

52. Authorize the executive to accept a $535,000 state grant for salmon recovery? (Council acting as flood control district board of supervisors) The grant will be used to acquire several flood-prone properties limiting upstream restoration, complete hydraulic modeling in the lower Nooksack River. The funds include analysis of alternatives and preliminary design of levee configuration along with public outreach to build community support for habitat restoration. These actions will reduce flood hazard in the Whatcom County and Lummi Nation management plans. The grant requires $185,000 in local matching funds. (AB2012-126) Approved 7-0

53. Authorize the executive to accept a $385,991 state grant for channel maintenance and monitoring of Swift Creek near Sumas Mountain? (Council acting as flood control district board of supervisors) The funds will be used to prepare an environmental impact statement to address management alternative for naturally occurring asbestos in the sediment along the creek. The grant requires $188,913 in local matching funds. The work is to be completed by 6/30/2013. (AB2012-127) Approved 7-0

54. Authorize the executive to sign into a $939,565 contract with Express Scripts Inc. of Delaware, for prescription benefits? The county’s benefit consultant for the self-insured medical program recommended changing the pharmacy benefit manager from Caremark to Express Scripts. The change will save the county an estimated $127,169 for prescription drugs. The contract runs from 1/1/2012 through 12/31/2014. (AB2012-129) Approved 7-0

55. Authorize the executive to accept a $358,472 federal grant for watershed protection and restoration? The grant will fund two landowners to voluntarily implement environmental enhancement projects under a pilot watershed protection and restoration program. The project is managed by the state of Washington and it aims to further a voluntary approach to watershed health, agricultural planning and mitigation by rewarding farmers for voluntary environmental improvements. The Whatcom Conservation District and the Whatcom Farm Friends are project partners. (AB2012-133) Approved 7-0

56. Authorize the executive to accept a $50,000 state grant (amendment #1) to expand stormwater programs? program is necessary to meet expanding compliance requirements over the next two years. The state is assisting with funds for monitoring, planning, public outreach and management required by the National Pollution Discharge Elimination System. The original state grant for $295,339 was approved at the 10/26/2010 meeting, vote #187, this amendment brings the total to $345,333 and extends the expiration date for one year to 6/30/2013. (AB2012-134) Approved 7-0

57. Authorize the executive to sign a $37,722 contract (amendment #2) with David Evans Associates of Olympia for the final design phase to replace the Potter Road South Fork Bridge? The single-lane bridge was built over the Nooksack River near Van Zandt in 1927. Federal funds will pay for 80 percent of the replacement. This amendment will pay for a bridge scour and erosion protection design plan and update the storm drainage design. The original contract for $533,343 was approved at the 12/8/2009 meeting, vote #281. This amendment brings to total contract to $601,065 (AB2012-135) Approved 7-0

58. Amend the 2012 budget (request #6) in the amount of $90,278? Appropriate: $38,518 to the sheriff’s department for overtime to provide traffic control due to renovations at the Conoco- Phillips refinery; $19,870 to the sheriff’s department for personal protective equipment and satellite airtime for communications van; $9,825 to the sheriff’s department for 15 scanners and 15 printers to focus on impaired driving, seatbelt/child car seat and speed enforcement; $22,065 for the Whatcom Exchange Network to provide software to view criminal justice information across ten regional agencies. AB2012-118 (Ordinance 2012-015) Adopted 7-0