Bellingham City Council

Marcia Guderian is retiring as our long-time City Council reporter and Boris Schleinkofer will replace her. See our thank you to Marcia on page 2. Boris has been working with Whatcom Watch as a copy editor since March 2012. He has proven invaluable in that role. And he had the wherewithal to jump into the City Council reporter when Marcia Guderian elected to step down.

Action Taken at September 16, 2013 Meeting

Shall the council:

180. Authorize the mayor to sign an agreement with Whatcom County Fire District 8? Under the terms of the agreement, Fire District 8 will provide EMS service to the new Pacific Highway-Aldrich Road Annexation area on time-critical incidents. Before annexation, the area was served by Fire District 8. The city council voted to annex the area at the 7/15/2013 meeting, vote #155, at which time it became the responsibility of the Bellingham Fire Dept to provide service there. The agreement will allow faster responses to time-critical emergencies because District 8 is closer. In exchange for service to the area, the city will pay $23,292 per year of property tax back to Fire District 8 for three years. The service agreement will remain in effect for at least 5 years from the annexation date, but probably much longer. According to an earlier agreement, the City Fire Dept and District 8 work together to jointly service a number of areas. This new agreement provides for the Pacific Hwy-Aldrich Rd area to remain a permanent part of the Joint Service Area, and Fire District 8 will provide service to the area as long as the Joint Operation Agreement is in effect. (AB20066) Approved 5-1, Jack Weiss opposed, Terry Bornemann excused.

181. Authorize the mayor to award the low bid of $161,800 to Doolittle Construction of Bellevue for the 2013 crack seal program? This is an annual program to install sealant to prevent water from undermining pavement and to help prevent potholes. The second lowest bidder contested Doolittle’s bid because it failed to include a subcontractor list. As it turns out, Doolittle is not planning to use any subcontractors, so their bid stands. There were 31 bid solicitations viewed at the city website and four bids were received. (AB20094) Approved 6-0, Terry Bornemann excused.

182. Authorize the mayor to award the low bid of $81,430 to Interwest Construction of Burlington for the R.G. Haley construction project? At the 5/14/2012 meeting, vote #102, the council voted to authorize the mayor to accept a grant from the state of Washington for clean-up of the R.G. Haley site. At the 7/1/2013 meeting, vote #133, the council amended an Agreed Order with the state to allow an interim cleanup at the site. The project will contain an intermittent petroleum seep using organophilic clay that the council approved at the 7/1/2013 meeting, vote #139. The site is located on the waterfront at the south end of Cornwall Ave. Contaminants were first observed leaking from the site in 2001. An earlier interim action included building a barrier wall and recovery system. The city engineer’s estimated cost was $90,000. There were 76 bid solicitations viewed at the city website and two bids were received. (AB20095) Approved 6-0, Terry Bornemann excused.

183. Grant a noise variance to Interwest Construction for the R.G. Haley project? The project will use organphillic clay to seal a petroleum leak at the site. The work needs to be done during low tides which will require some night work. Construction work in residentially zoned areas between 10 p.m. and 7 a.m. requires a noise variance. (AB20125) Approved 6-0, Terry Bornemann excused.

184. Authorize the mayor to sign an agreement with Whatcom County for offender work crew services? Under the terms of the agreement, Whatcom County will furnish a crew of five-seven workers complete with all necessary tools and equipment as well as a sheriff department supervisor. The cost to the city for this crew will be $334.38 per eight-hour day. The contract provides for a total of 28 work days at a total cost of $9,363. The crew will work two days per week and will perform cleaning, litter control and vegetation maintenance on city streets, parks, creeks, wetland mitigation sites and watershed properties. The agreement commences on 10/1/2013 and terminates on 12/31/2013. The crew will not be performing any work covered by existing labor agreements. (AB20096) Approved 6-0, Terry Bornemann excused.

185. Authorize the mayor to sign an agreement to receive up to $610,000 in state funding for habitat restoration projects? Under this agreement, the state will provide funding: $85,000 to design habitat enhancements for Whatcom Creek estuary between Roeder Avenue and Holly Street; $400,000 to construct habitat enhancements for Padden Creek estuary; and $125,000 to study the use of the shoreline by juvenile chinook salmon. The agreement starts on 7/1/2013 and ends on 6/30/2015. (AB20099) Approved 6-0, Terry Bornemann excused.

186. Lease the boathouse at Bloedel Donovan Park to the Whatcom Rowing Association? The rowing association has been leasing an outdoor fenced area since April 2011 and a storage room in the Bloedell multipurpose building since May 2012. The association proposes to construct a non-motorized boathouse near Electric Avenue. The new 6,500 square feet 10 year lease with two renewals of 10 years each will be for the boathouse and an adjoining outdoor storage area. The leased property will be used to store only non-motorized boats and related equipment with the single exception of one motorized coaching boat. Terms of the lease were amended to require aquatic invasive species inspection and cleaning measures. This requirement is already in the Conditional Use Permit, but some council members preferred to add the term to the lease even though it is redundant. (AB20102) Amended and approved 6-0, Terry Bornemann excused.

187. Direct staff to proceed with their funding proposal for replacement of the Whatcom Creek Trail Railroad Avenue bridge? The bridge was damaged beyond repair in a fire over the 2012 Thanksgiving weekend. It is a popular non-motorized route that connects downtown to the Bellingham High School, the Food Bank, and Whatcom Creek Trail. Staff recommends funding the $500,000 cost of replacing the bridge with $250,000 from Transportation Benefit District funds, $100,000 from Beyond Greenways funds (that was budgeted but not needed for turf at Civic Field), and $150,000 from Greenway three funds. (AB19904) Failed 3-3, Michael Lilliquist, Stan Snapp and Jack Weiss opposed.

188. Direct staff to proceed with their funding proposal for safety improvements at the South Bay Trail railroad crossing at Boulevard Park? This crossing was the scene of a fatal accident on 5/20/2008; Maia Haykin was struck and killed by a train while crossing the railroad tracks at the north end of Boulevard Park. BNSF Railway will install a light, sound signal and arm at the crossing as soon as the city has funds available to pay for these improvements, which BNSF estimates will cost $377,000. Staff proposes to use $200,000 in transportation funds (1/3 of that is TBD funds), $100,000 in Beyond Greenways funds, $50,000 in Greenway 3 funds and $50,000 from park impact fees. (AB20103) Approved 6-0, Terry Bornemann excused.

189. Appoint councilmember Stan Snapp to the Whatcom Transportation Authority board review committee? State law requires that every four years a committee shall be assembled, composed of a member of the County Council and a council representative from each city within the WTA benefit district. The committee will meet to review the composition of the WTA Board, and may make changes. (AB20105) Approved 6-0, Terry Bornemann excused

190. Authorize the mayor to award low bids totaling $68,402 for water distribution accessories? The components are ductile iron fittings, couplings, pipe restraints and grip rings that are used on water main connections and maintenance projects. The components were divided into 13 groups; bids were separate for each group. Ferguson Waterworks of Burlington was the lowest bidder of six groups at $45,121. HD Fowler of Bellingham was the lowest bidder of three groups at $21,499. HD Supply Waterworks of Bellingham was the lowest bidder of two groups at $1,782. There were 34 solicitations viewed at the city website and 30 bids were received from four companies. (AB20108) Approved 6-0, Terry Bornemann excused

191. Authorize the mayor to award low bids totaling $81,055 for water distribution accessories? The components are tapping valves and sleeves that are used on water main connections and maintenance projects. The components were divided into five groups; bids were separate for each group.Ferguson Waterworks of Burlington was the lowest bidder on two groups for a total of $35,790. HD Supply Waterworks of Bellingham was the lowest bidder on the other three groups for a total of $45,265. There were 32 bid solicitations viewed at the city website and 16 bids were received from four companies. (AB20109) Approved 6-0, Terry Bornemann excused

192. Authorize the mayor to award the low bid of $144,571 to Faber Construction of Lynden for Municipal Court renovations? This project is intended to provide additional safe means of egress for jurors and additional security for BTV10. It also includes a roof repair and water leak damage in two offices. There were 113 bid solicitations viewed at the city website and two bids were received. (AB20110) Approved 6-0, Terry Bornemann excused

193. Authorize the mayor to sign an agreement with Whatcom County for emergency repair at Sun House? The building is owned by Whatcom County and leased to Sun Community Services. Sun House provides housing for very low-income people; the building needs immediate repairs to the wheelchair ramp and landing. Under the terms of the agreement, the city will pay up to $20,000 for the repairs, and the county would manage the project and insure that the property remains on the list of affordable housing for at least five years. This expenditure falls within the budget for affordable housing repairs in the 2012 Bellingham Housing Levy. (AB20112) Approved 6-0, Terry Bornemann excused

194. Authorize the mayor to sign a purchasing agreement with Snohomish County? Snohomish County has requested this purchasing agreement. Under its terms, either party can make use the other’s competitively awarded purchasing contracts for supplies, materials, equipment and services. (AB20113) Approved 6-0, Terry Bornemann excused

195. Appropriate $9,842,330 for goods and services checks issued from August 2 through September 5, 2013? (AB20117/20118/20119/20120/20121) Approved 6-0, Terry Bornemann excused

196. Appropriate $8,297,486 for payroll checks issued from July 26 through September 10, 2013? (AB20122/20123/20124) Approved 6-0, Terry Bornemann excused.

197. Reclassify two positions in the police department? Two crime scene investigator positions will be reclassified to evidence and ID officers. The police dept. expects to be able to elevate training in DNA testing, autopsies and fingerprint identification as a result of the change. The increases in salary are covered in the 2013 department budget appropriation. AB20089 (Ordinance 2013-09-065) Approved 6-0, Terry Bornemann excused

Action Taken at September 30, 2013 Meeting

Shall the council:

198. Authorize the mayor to sign a $40,000 settlement agreement in the case of Laurie Carlson v. City of Bellingham? On 12/7/2010, Ms. Carlson filed a lawsuit against the city for $128,000 in damages from lost insurance benefits. The claim states that her husband, Edwin Carlson, a former city employee, lost his city life insurance coverage, which provided benefits to his wife, when he stopped working for the city in early 2008 due to a terminal illness. When he died, she had two children to take care of and support, one still a minor. The couple were not told that he had the right to convert the life insurance he had as an employee into an individual policy that would continue to provide benefits to his wife upon his death. The settlement requires Ms. Carlson to dismiss the lawsuit and all related claims. (Discussed in Executive Session) Approved 6-0, Cathy Lehman excused.

199. Modify permitted hours for construction noise in residential areas? (Public hearing held.) Construction in residentially zoned areas is currently prohibited after 10 p.m. and before 7 a.m. The proposed modification would prohibit construction after 8 p.m. or before 9 a.m. Two motions were proposed; one to postpone the vote to the next regular meeting and one to amend the hours from 9 p.m. to 7 a.m. On Monday through Saturday and from 9 p.m. To 9 a.m. on Sundays and federal holidays. When both amendments failed no further action was taken by the council. (AB20032) Both amendments failed 3-3, Terry Bornemann, Gene Knutson and Stan Snapp opposed, Cathy Lehman excused.

200. Allow Gene Knutson to miss more than three consecutive City Counsel meetings? The City Charter mandates that in order to miss more than three meetings in a row, a council member must either be excused by council or forfeit his position. Council member Knutson is requesting a medical leave of absence for the months of October and November. He underwent back surgery in Seattle on October 8. (AB20138) Approved 6-0, Cathy Lehman excused.

201. Appropriate $6,239,347 for goods and services checks issued from September 6 through September 19, 2013? (AB20139/20140) Approved 6-0, Cathy Lehman excused.

202. Appropriate $2,666,223 for payroll checks issued from September 11 through September 25, 2013? (AB20141) Approved 6-0, Cathy Lehman excused.

203. Establish a schedule for the city/county joint review of Urban Growth Areas? The boundaries of the city’s urban growth areas were determined in 2008. At the 1/23/2012 meeting, vote #8, the City Council approved an agreement with Whatcom County for a joint review of the boundaries by 2016 as part of the 2016 Comprehensive Plan update. This resolution lays out a schedule for accomplishing the review process in time. The schedule outlines activities for each year. In 2013 those activities include: meetings of elected officials; public commentary; Planning Commission reviews, projections and recommendations, and a land capacity analysis. The cost to the city in 2013 is expected to total $60,000. Further activities in 2014 include transportation models, a SEPA review and draft EIS and are expected to cost $65,000. No cost projections have yet been made for 2015-16. AB20129 (Resolution 2013-13) Approved 6-0, Cathy Lehman excused.

204. Set September 23 as the public hearing date to consider a petition to vacate an unnamed right-of-way north of W. Bakerview Road between Pacific Highway and Dover Street? The petition was submitted by several property owners on behalf of Costco Wholesale. Costco plans to dedicate new right-of-way greater than the area to be vacated. The hearing before the Bellingham Hearing Examiner will be held at 6 p.m. in the City Council chambers. Objections may be made at the hearing or in writing beforehand. AB20131 (Resolution 2013-14) Approved 6-0, Cathy Lehman excused.

205. Set October 23 as the public hearing date to consider a petition to vacate right-of-ways within the Waterfront District? The petition was submitted by the Port of Bellingham. The right of ways involved are portions of Army Street, Central Avenue, Oak Street and portions of C, D, E and F Street. The port intends to dedicate a new right-of-way within the district. The hearing before the Bellingham Hearing Examiner will be held at 6 p.m. in the City Council chambers. Objections may be made at the hearing or in writing beforehand. AB20132 (Resolution 2013-15) Approved 6-0, Cathy Lehman excused.

206. Set October 23 as the public hearing date to consider a petition to vacate the right-of-way on a portion of G Street in the Waterfront District? The petition was submitted by the Port of Bellingham and the Sanitary Service Company. The full width of G Street between the lines of Roeder Avenue and W. Chestnut Street. The hearing before the Bellingham Hearing Examiner will be held at at 6 p.m. in City Council chambers. Objections may be made at the hearing or in writing beforehand. AB20133 (Resolution 2013-16) Approved 6-0, Cathy Lehman excused.

207. Set October 23 as the public hearing date to consider a petition to vacate certain streets within the Waterfront District? The petition was submitted by the Port of Bellingham. Portions of West Ivy Street, H Street, Central Avenue, Laurel Street and West Maple Street rights-of-way are to be vacated. The port intends to dedicate new rights-of-way within the district. The hearing before the Bellingham Hearing Examiner will be held at 6 p.m. in the City Council chambers. Objections may be made at the hearing or in writing beforehand. AB20134 (Resolution 2013-17) Approved 6-0, Cathy Lehman excused.

208. Vacate one block of 20th Street in Fairhaven in order to restore Padden Creek? (Public hearing held at 9/16 meeting.) The block between Wilson Avenue and Old Fairhaven Parkway will be closed. Part of Padden Creek runs through a 2,600 foot long tunnel which was built in the 1890s. The tunnel is degrading the water quality and acting as a barrier to fish passage. This project will construct a new 2,600 foot daylight channel and wildlife corridor through a residential area. The tunnel will be left intact for overflow to help avoid flooding upstream during high rains. The city has grant and loan funding to pay for the Padden Creek daylighting project. The alternative to the street closure would be to build a fish passable culvert bridge on 20th Street at a cost of $350,000. AB20092 (Ordinance 2013-09-66) Approved 6-0, Cathy Lehman excused.

209. Add to the Bellingham Municipal Code a requirement that transportation impact analysis studies to be completed prior to applying for development permits? (Public hearing held at 9/16 meeting.) A chapter was added to the city code on Multimodal Transportation Concurrency in order to comply with a state law to measure, monitor and maintain standards for a multimodal transportation network. This ordinance will incorporate references to the TIA requirement into the chapter. AB20093 (Ordinance 2013-09-67) Approved 6-0, Cathy Lehman excused.

210. Authorize the mayor to accept a $610,000 state grant for nearshore habitat projects? The funds will be incorporated into the 2013 budget and used toward three habitat restoration projects: $85,000 for designing habitat improvements for Whatcom Creek estuary; $400,000 for constructing habitat improvements to Padden Creek Estuary; $125,000 to conduct a study of juvenile chinook salmon along the Bellingham Bay shoreline. AB20100 (Ordinance 2013-09-68) Approved 6-0, Cathy Lehman excused.

211. Adjust the 2013 budget to include funds raised from the sale of revenue bonds? The city issued the bonds in order to fund needed improvements to the water supply and distribution system and the sewer collection and disposal system. The bonds were sold by competitive bid on 8/13/2013 with the result that $16,039,500 is being added to the city budget. The money will be placed in the wastewater fund. After paying the costs associated with issuing the bonds, $15,886,418 will be available to pay for construction costs on the Post Point treatment plant facility. AB20101 (Ordinance 2013-09-69) Approved 5-1, Jack Weiss opposed, Cathy Lehman excused.

212. Reclassify a position in the police department? The department has requested that a position of evidence & ID supervisor be changed to a police sergeant position, effective 9/1/2013. The change will step up the training of new evidence & ID officers in the areas of DNA testing, autopsies and fingerprint expertise. AB20107 (Ordinance 2013-09-70) Approved 6-0, Cathy Lehman excused.

213. Accept and spend a grant of $8,450 from Washington State Traffic Safety Commission? The money is to be used by the police department to purchase three radar units for use in school zones. AB20114 (Ordinance 2013-09-71) Approved 6-0, Cathy Lehman excused.

214. Amend the “personnel” section of the Bellingham Municipal Code? A recent legal review of the code revealed the need to update parts of the “personnel” section. This ordinance will make it gender neutral, correct inconsistencies within the section and repeal obsolete provisions. It adds $893 per month to the City Council members' salary beginning 1/1/2013 and gives the mayor added responsibility for new employee placement and for budgeting a compensation plan for non-union workers. AB20115 (Ordinance 2013-09-72) Approved 6-0, Cathy Lehman excused.

215. Amend the penalty provisions in the Bellingham Municipal Code? The amendment standardizes and classifies “misdemeanor” and “gross-misdemeanor” penalties to be consistent with State definitions (misdemeanors: up to 90 days or up to $1000. Gross-misdemeanors: up to one year or up to $5000). Updates the language which concerns continuing violations (each day a violation is continued is considered to be a separate offense). Adopts State statutes about culpability, complicity and corporate liability. Clarifies the penalties for certain violations. makes “civil infraction” (up to $250) the default penalty whenever the code does not name a penalty. AB20116 (Ordinance 2013-09-73) Approved 6-0, Cathy Lehman excused.

Action Taken at October 14, 2013 Meeting

Shall the council:

216. Authorize the mayor to sign a three-year (2011–2013) collective bargaining agreement with the International Association of Fire Fighters Local 106S? The agreement affects supervisory fire department personnel and contains the following additional terms: Wage increases: no change in 2011, 2 percent on 1/1/2012, 2 percent on 1/1/2013, 1 percent on 7/1/2013. Additional Items: Increase the administrative premium from 4.5 percent to 5 percent, effective 1/1/2012 to match IAFF Local 106. Benefits: premium sharing - Regence HealthFirst - increase dependent premium share by 50 percent to 15 percent, effective 1/1/2013. Group Health: no change (10 percent dependent premium share), a high deductible health plan with health savings account added as a third option, effective 1/1/2014. (Discussed in Executive Session) Approved 5-0, Terry Bornemann and Gene Knutson excused.

217. Approve the mayor’s reappointment of James Gebhardt and Tim Hostetler to the Transportation Commission? The commission advises the City Council on transportation planning and transit issues, ensures that transportation investments are consistent with Comprehensive Plan goals, advises the council on parking fees, fines and collection methods, off-street parking contracts and possible expansion of residential parking zones. The second and final terms for James Gebhardt and Tim Hostetler will expire on 10/19/2016. AB20149 Approved 5-0, Terry Bornemann and Gene Knutson excused.

218. Authorize the mayor to award the highest bid of $54,808 to Blumenthal Uniform Co. of Seattle for police uniforms? The bid submitted by Blumenthal Uniform Co was the only bid that fulfilled all specifications. There were 18 bid solicitations viewed at the city website and three bids were received. (AB20152) Approved 5-0, Terry Bornemann and Gene Knutson excused.

219. Authorize the mayor to award the low bid of $170,152 to Inmac of Mount Vernon to cover two tanks? The Post Point treatment plant utilizes the tanks inside a building to remove grit from influent wastewater; attempts to control odor and moisture have been unsuccessful. According to an engineering study conducted by facility staff, the best solution is fabric covers. There were 51 bid solicitations viewed at the city website and two bids were received. (AB20153) Approved 5-0, Terry Bornemann and Gene Knutson excused.

220. Authorize the mayor to sign an easement agreement with the state of Washington for construction at the R.G. Haley site? A portion of an oil seep on the R.G. Haley site is located on state property. The city in October and November of 2013 will remove approximately 40 wood pilings and place an organoclay material and a berm to contain the oil and protect the environment. In order to place the material on the property, an easement is required. (AB20154) Approved 5-0, Terry Bornemann and Gene Knutson excused.

221. Appropriate $7,145,928 for payroll checks issued from September 20 through October 3, 2013? (AB20156/20157) Approved 5-0, Terry Bornemann and Gene Knutson excused.

222. Authorize the mayor to sign an easement agreement with the Port of Bellingham for construction at the R.G. Haley site? A portion of an oil seep on the R.G. Haley site is located on property managed by the Port of Bellingham through a management agreement with the state of Washington. The city in October and November of 2013 will remove approximately 40 wood pilings and place an organoclay material and a berm to contain the oil and protect the environment. In order to place the material on the property, an easement is required. (AB20158) Approved 5-0, Terry Bornemann and Gene Knutson excused.

223. Amend the 2013 action plan of the 2013-2017 consolidated plan? The action plan designates city use of federal funds for low and moderate-income households. The U.S. Department of Housing and Urban Development will allocate additional funds for low and moderate income citizens of Bellingham, and the 2013 program year will be extend until 6/30/2014? Funding will be increased by $327,018 and prior year funds by $771,514. Program year change could cost $30,000 in one-time expenses and no more than $47,000 for administrative expenses. A new project, Deer Run Terrace renovation, will be funded, six projects will have increased funding levels; changing the program year will ease the city’s burden in planning and allocating the available funding. The mayor will perform all duties required to obtain payments of the authorized grants. AB20144 (Resolution 2013-18) Approved 5-0, Terry Bornemann and Gene Knutson excused.

224. Amend the administrative and financial plan of the low-income housing levy and award funding for projects under the levy? Voters approved the tax levy at the 11/6/2012 general election. The $21 million levy over seven years will preserve and provide affordable housing for low-income residents. This vote authorizes the mayor to award funding for projects; the mayor’s selection of projects requires the increase of preservation funds by $350,000 and decrease of production funds by the same amount. AB20145 (Resolution 2013-19) Approved 5-0, Terry Bornemann and Gene Knutson excused.

225. Set the time and dates for 2014 regular council meeting? Twenty-five meetings beginning on January 6, 2014 are scheduled for 2014, the same number of meetings that were scheduled for 2013. Meeting time will be 7:00 p.m. Roberts Rules of Order are to be used unless otherwise provided by the Charter. AB20155 (Resolution 2013-20) Approved 5-0, Terry Bornemann and Gene Knutson excused.

226. Add a chapter to the Bellingham Municipal Code concerning the acceptance and use of donated money and property? The chapter will establish the authority and procedure by which the city may accept donations. It mandates that real property may only be accepted by a vote of the City Council. Money or personal property may be accepted by the mayor, or the head of the department that the donation is intended to benefit. The city finance director and city attorney must be consulted before accepting donations of over $10,000. The city will carry out any terms or conditions attached to a donation as long as they are legal and do-able. Donations with no terms or conditions may be used for any municipal purpose. AB20127 (Ordinance 2013-10-074) Approved 5-0, Terry Bornemann and Gene Knutson excused.

227. Authorize the fire chief to accept a $37,991 donation to the Bellingham Fire Department? The funds were donated by the Gertrude St. James Charitable Remainder Trust and are intended to assist the families of firefighters who have died or been disabled. The city will create a committee to oversee the distribution of the funds. Members of the committee will be the fire chief, the finance director and the human resources director, or their designees plus a representative from the firefighters union. AB20128 (Ordinance 2013-10-075) Approved 5-0, Terry Bornemann and Gene Knutson excused.

228. Reclassify a position in the Public Works Department? The position of Resource Conservation Management Specialist will be upgraded to Facilities Project Manager. The manager will oversee city-wide capital facilities projects. The new position will receive a higher salary. The difference in funds is expected to be offset through capital facilities maintenance projects and departmental allocations. AB20135 (Ordinance 2013-10-076) Approved 5-0, Terry Bornemann and Gene Knutson excused.

229. Amend the 2013 budget to show a $228,828 fund transfer to Banner Bank for Community Energy Challenge payments? At the 5/10/2010 meeting, vote #99, the council authorized the mayor to sign an agreement with Banner Bank to set up a loan loss reserve account, using federal/state grant funds to provide lower interest rates to homeowners who participate in the Community Energy Challenge program. The account did not get used very much at first, so at the 2/272012 meeting, vote #29, the council authorized the withdrawal of $250,000 from the account and redirected those funds to other CEC programs. At that time $26,589 remained in the account as a loan reserve guaranty which was needed to cover 2012 payments. In 2013, more people started using the low interest loan program and $202,239 was paid out in loan loss amounts. This vote will alter the budget to account for the transfer to Banner Bank to cover all payments and replace the loan reserve guaranty. AB20136 (Ordinance 2013-10-077 Approved 5-0, Terry Bornemann and Gene Knutson excused.

230. Authorize the mayor to accept a $35,159 federal grant for the purchase of software and thermal imagers? The Bellingham Police Department will receive $22,281 and the Whatcom County Sheriff will receive $12,878 to purchase two thermal imagers and software for recording internal affairs investigations. AB20137 (Ordinance 2013-10-078) Approved 5-0, Terry Bornemann and Gene Knutson excused.

Action Taken at October 28, 2013 Meeting

Shall the council:

231. Spend $213,728 to purchase 29 acres in the Lake Whatcom watershed? The property is situated at the south-eastern corner of Lake Louise Road and Valleybrook Lane, and links adjacent preserved properties. The seller is the Trillium Corporation and the property is being purchased for protection of the drinking water. (Discussed in Executive Session) Approved 5-0, Gene Knutson and Cathy Lehman excused.

232. Authorize the mayor to accept a $750,000 federal grant for the purchase a firefighting vessel? The U.S. Department of Homeland Security grant has been awarded to the fire department. The grant requires $250,000 in local matching funds. The city sold the previous firefighting boat in late 2011; city staff said expenses in maintaining the aging boat could not be justified. On 3/30/2012, less than six months after the boat was sold a Squalicum Harbor fire killed two people and destroyed 12 boats.(AB20160) Approved 4-0-1, Michael Lilliquist abstained, Gene Knutson and Cathy Lehman excused.

233. Authorize the mayor to sign a $25,000 agreement with the Whatcom Council of Governments to help fund the Whatcom Smart Trips program? At the 2/27/2006 meeting, vote #42, the City Council entered into first annual Smart Trips agreements with the Council of Governments to help reduce automobile trips and carbon dioxide emissions. The 2013 budget for the Smart Trips program is $661,000 with the state and federal government contributing $502,000. (AB20111) Approved 5-0, Terry Bornemann and Gene Knutson excused.

234. Approve the mayor’s appointment of Ryan Rickerts to the Greenway Advisory Committee? The Greenway Advisory Committee provides recommendations to the City Council and the Parks and Recreation Department about Greenway levy expenditures, park land acquisitions and parks/trails/open space development projects. Mr. Rickerts' initial term will end on 10/28/2016. (AB20164) Approved 5-0, Terry Bornemann and Gene Knutson excused.

235. Approve a purchasing agreement with the city of Vancouver, Washington? The city of Bellingham’s IT Department will enter into a purchasing agreement with the city of Vancouver in order to make use of their bids, contracts and requests for proposals for the purchase of supplies, materials, equipment and services, using competitively awarded contracts. (AB20169) Approved 5-0, Terry Bornemann and Gene Knutson excused.

236. Appropriate $2,911,418 for goods and services issued from October 4 through October 17, 2013? (AB20172/20173) Approved 5-0, Terry Bornemann and Gene Knutson excused.

237. Appropriate $2,731,221 for payroll checks issued from September 26 through October 10, 2013? (AB20174) Approved 5-0, Terry Bornemann and Gene Knutson excused.

238. Approve the 2013 water system plan? (public hearing held on October 14.) The draft plan has been reviewed by the public, Whatcom County and state agencies; all comments have been addressed and a SEPA determination has been issued. The water system plan is part of the Comprehensive Plan. With final, formal approval, the updated water system plan will be used in managing the system and incorporated as a technical element of the Comprehensive Plan. AB20143 (Resolution 2013-21) Approved 5-0, Terry Bornemann and Gene Knutson excused.

239. Authorize the participation in the Association of Washington Cities Employee Benefit Trust? The city currently purchases health, dental, life and long-term disability insurance benefits from the Employee Benefit Trust. The trust is moving from a fully-insured benefit program to a self-insured model beginning 1/1/2014. This vote is required to satisfy state law and administrative rules authorizing the city to participate in the self-insured program. AB20162 (Resolution. 2013-22) Approved 5-0, Terry Bornemann and Gene Knutson excused.