Whatcom County Council

Action Taken at June 4, 2013 Meeting

Shall the council:

85. Authorize the executive to sign a $300,000 loan agreement with Catholic Housing Services of Seattle for the Cornwall housing project? At the 6/19/2012 meeting, vote #101, the council voted to commit $550,000 to the project. The request has been changed from a $500,000 grant to a $300,000 loan. The 42-unit complex will be constructed on a vacant lot at the corner of East Maple Street and Cornwall Avenue. Twenty two units in the complex will be for people struggling with homelessness caused by substance abuse and mental illness. The cost of the project is approximately $9 million. The ground floor will have office space for social service providers. A Memorandum of Agreement is proposed to outline county oversight, Catholic Housing Services commitments and how they will work together for management and neighbour concerns. No payment is due until the maturity date of 12/31/2054. (AB2013-150) Failed 3–4, Barbara Brenner,1 Kathy Kershner, Bill Knutzen and Ken Mann opposed,

86. Authorize the executive to accept a $197,302 state grant (amendment #5) for the salmon habitat restoration and fish passage improvements in lower Canyon Creek? (Council acting as the flood control district board of supervisors) This vote also adds $635,000 in local flood control money. Chinook, pink, coho, sockeye, and chum salmon, steelhead, bull trout, and sea-run cutthroat trout all use lower Canyon Creek, a tributary to the North Fork of the Nooksack River. The scope of work includes levee setback and/or removal, relocating the riprap, and constructing 23 engineered log jams, 11 of the jams in 2013 and 12 jams in 2014. This amendment brings the project total to $2,171,362. (AP2013-191) Approved 6-1, Ken Mann opposed.

87. Authorize the executive to accept a $725,000 federal grant to enhance cooperation and coordination among tribal, local, state, and federal law enforcement agencies? The grant is from the Department of Homeland Security/Operation Stonegarden Program and will be used to secure the international border. The funding will be for overtime and related mileage and purchase of patrol vehicles, radio, and field investigation equipment. The grant runs from 9/1/2012 through 7/31/2014. (AB2013-195) Approved 7-0

88. Authorize the executive to award the low bid of $343,959 to Foss Maritime Company of Seattle for drydock repairs and maintenance of the Whatcom ferry? The work will take three weeks from September 4 to September 25. The engineer’s estimate was $450,066. The work was advertised and three bids were received. (AB2013-196) Approved 7-0

89. Spend $85,460 to purchase a manufactured restroom building? The Parks and Recreation Department is requesting the purchase of a “Denali” restroom to be install at the Lookout Mountain/Olsen Trailhead? (AB2013-197) Approved 5-2, Barbara Brenner 2 and Bill Knutzen opposed.

90. Authorize the executive to award the only bid of $114,376 to Dalton Electric Company of Lynwood for the Lummi Island ferry? A remote control system will be installed on the ferry to operate the transfer span and apron at the ferry terminal. Preliminary engineering, construction engineering, testing, and a contingency fee will bring the total cost of the project to $184,376. AB2013-194 (Resolution 2013-015) Approved 7-0

91. Add three county capital projects to the 2010 Whatcom Comprehensive Economic Development Strategy project list? The development strategy sets goals and specific projects for business expansion in Whatcom County and requires approval from the federal government before the projects are eligible for federal grants. Project one: upgrade the Courthouse emergency power supply, the 22 year old uninterruptable power supply will be replaced. Project two: planning an emergency operations center at the Port of Bellingham airport building previously known as the Olympic Coordination Center. Project three: planning renovation at the 1500 N. State Street facility into office space if property is purchased. AB2013-199 (Resolution 2013-016) Approved 7-0

92. Approve the sale of surplus county property? This vote authorizes the county to negotiate the sale of a German Shepherd in the K-9 unit to its former handler for not less than 90 percent of the market value. The sole handler of the dog has left employment in the sheriff’s office, his assigned canine is six-years-old with one or two more years in its working life. At least $12,000 would be needed to reassign the dog to a new handler, and with the new marijuana laws there is a problem having a trained marijuana sniffer. The sale will mitigate liability concerns and provide funds toward purchase of a replacement K-9. AB2013-192 (Resolution 2013-017) Approved 7-0

93. Repeal a portion of one section and one chapter of Title 9 (Public Peace, Morals and Welfare) of the Whatcom County Code? (Public hearing held) Both a portion of section 9.32.085 and chapter 9.36 are in violation of state law. The county cannot prohibit the display of any firearm or prohibit unattended firearms from being exposed to public view within a county-owned park and the county cannot restrict firearm possession by anyone under 16. AB2013-182 (Ordinance 2013-026) Adopted 7-0

Action Taken at June 18, 2013 Meeting

Shall the council:

94. Approve a $40,000 contract (amendment #1) with Van Ness, Feldman, GordonDerr law firm of Seattle to assist in representing Whatcom County in Growth Management Hearings Board cases? At the 12/4/2012 meeting, vote #222, the council approved a $50,000 contract with the law firm to assist the county in its legal defense of Ordinance 2012-032, approved at the 8/7/2012 meeting, vote #146. This amendment brings the contract total to $90,000. The contract expires on 12/13/2013. (AB2012-422B) Approved 5-2, Carl Weimer and Ken Mann opposed

95. Authorize the executive to award the only bid of $467,646 to Len Honcoop Gravel of Lynden for the Cottonwood neighborhood drainage improvement project in Birch Bay? (council acting as flood control district board of directors) The Birch Bay Watershed Aquatic and Resources Management Committee (BBWARM) project is a high priority item, it will eliminate flooding in low lying areas with the installation of a storm pipe, catch basins, an outfall to the beach, and a bioinfiltration swale to reduce stormwater pollutants. The county engineer estimated the cost at $459,654. The total cost of the project —including right of way acquisition, construction engineering, testing, and archaeological services — is $742,646. It is expected to be completed by 12/31/2013. (AB2013-217) Approved 7-0

96. Authorize the executive to sign a $98,700 contract (amendment #1) with the Opportunity Council of Bellingham for the East Whatcom County Regional Center? At the 9/27/2011 meeting, vote #152, authorized the executive to sign a lease agreement with the Opportunity Council to operate and maintain the regional center from 10/1/2011 through 9/30/2016. The amount the county would pay in 2013, 2014, 2015 and 2016 was to be determined at a later date. This amendment is for the year 2013. The contract expires on 9/30/2016. (AB2013-218) Approved 6-0, Pete Kremen was out of the room.

97. Authorize the executive to sign seven contracts — totaling $2,197,368 — to provide pathways to employment and community access services to adults with developmental disabilities? Total compensation under the contracts will vary depending on the number of clients and types of services, an estimated amount is listed. The contract with Cascade Vocational Services of Bellingham is estimated at $741,899 (AB2013-219). The contract with Washington Vocation Services of Everett is estimated at $6,205 (AB2013-220). The contract with Whatcom County Council on Aging of Bellingham is estimated at $23,365 (AB2013-221). The contract with Service Alternatives of Everett is estimated at $375,450 (2013-222 ). The contract with Work Opportunities of Bellingham is estimated at $293,266 (2013-223). The contract with Kulshan Supported Employment of Bellingham is estimate at $749,599 (/2013-224).The contract with Advancement Northwest of Bellingham is estimated at $7,584 (AB2013-225). All seven contracts run from 7/1/2013 through 6/30/2014. In 2012, two hundred seventy one adults received employment services and 72 percent were successful, thirteen retirement age adults were provided support. The service has an individualized plan for each client for support services and sends progress updates. Approved 6-0, Pete Kremen was out of the room.

98. Authorize the executive to sign a $115 560 contract (amendment #?) with FHB Consulting Services of Lynden for consulting services to implement phase two of the agricultural-watershed pilot project? At the 7/7/2009 meeting, vote #171, the council identified 100,000 acres as being minimum acreage in farming to support a viable industry and identified areas outside the agriculture zone where land protection efforts should be strengthened. At the 7/26/2011 meeting, vote #115, the council voted for the agricultural strategic plan. At the 3/27/2012 meeting, vote #55, the council authorized the executive to accept a $358,472 federal grant for watershed protection and restoration. At the 6/19/2012 meeting, vote #109, the council approved phase one of the project. Phase two will involve restoration and enhancement projects on habitat areas in the north county, including public outreach to show how incentives and payments for actions on agricultural land can advance both watershed and agricultural planning and protection. The contract expires on 12/31/2014. This amendment brings total contract to $218,519. (AB20013-226) Approved 6-0, Pete Kremen was out of the room.

99. Authorize the executive to sign two contracts — totaling $685,021 — for the Coronado-Freemont stormwater improvements project in the Lake Whatcom watershed? The $89,783 contract with Wilson Engineering of Bellingham was selected through a completitive selection process. Wilson Engineering will provide construction support services, site inspections, and boundary surveys to help resolve property and right-of-way boundary lines. Property lines in the area have a long, convoluted history. The contract runs from 6/19/2013 through 12/31/2014. A low bid of $595,238 was awarded to Stremler Gravel of Lynden. Stremler will construct a bio-infiltration swale and install stormwater vaults to treat the stormwater and slow the velocity to reduce erosion and sediment transport. The work was advertised and three bids were received. The total cost of the project — including design engineering, right-of-way acquisition, construction engineering, testing, and contingency fee — is $824,240. Construction is expected to be completed 10/1/2013. (AB2013-227/2013-228) Approved 6-0, Pete Kremen was out of the room.

100. Authorize the executive to sign a $101,456 contact with Sargent Engineers of Olympia to design a replacement for bridge #236 on the Hannegan Road at Ten-Mile Creek? The bridge was constructed in 1944, it is considered functionally obsolete with girder deterioration. The Hannegan Road is a heavy truck route so the bridge needs to be replaced before structural damage requires a load restriction. The new bridge design is envisioned as a single span bridge. The contractor will consult with the county on foundation design, stability, and provide engineering analysis. The contract expires on 12/21/2014. (AB2013-231) Approved 6-0, Pete Kremen was out of the room.

101. Authorize the executive to award the low bid of $651,327 to Culbertson Marine Construction of Anacortes for Gooseberry Point and Lummi Island docks wingwall replacement? The project involves replacing deteriorated wooden wingwalls with modern steel pile-supported wingwalls for safe docking. The county secured $400,000 in federal ferry boat discretionary funds for the project. The county funds the rest. The total cost of the project — including preliminary engineering, construction engineering, testing, and a contingency fee — is $791,327. The work was advertised and three bids were received. AB2013-230 (Resolution 2013-018) Approved 6-0, Pete Kremen was out of the room.

102. Accept the Whatcom County Agricultural Land Cover Analysis and revisions to the rural land study areas? At the 7/7/2009 meeting, vote #171, and the 7/26/2011 meeting, vote #115, the council accepted goals and policies for farmland preservation by the Agricultural Advisory Committee. Since 2011, the committee has focused on rural study areas, proposing revisions of the boundaries. It was decided to replace existing zoning with a new small lot agricultural zone and recommend repeal of Agricultural Protection Overlay district. The committee also strengthened the “Right to Farm” ordinance with plans for resident outreach and staff training. AB2013-110 (Resolution 2013-019) Approved 5-0, Pete Kremen and Sam Crawford were out of the room.

102. Amend the 2013 flood control district budget (request #3) in the amount of $211,682? (council acting as flood control district board of directors) Appropriate: $114,000 to the city of Everson for floodplain property acquisition to eliminate the potential for 48 new homes in the Nooksack River floodplain; $67,242 to fund a natural resources property manager position to further WRIA I activities and coordinate with the many agencies involved in the management of water supply: $30,440 to fund a part-time staff position for water quality monitoring and community outreach plan to assist farmers in management practices. AB2013-211 (Resolution 2013-020) Approved 7-0

103. Appropriate $200,000 to renovate a courtroom for a fourth Superior Court judge? (Public hearing held) The Washington State Legislature approved a fourth Superior Court judge for Whatcom County. The money will fund the architect and engineering phase of work on the 2nd and 5th floors. The Commissioners Chambers on the 2nd floor of the Courthouse will be converted into a courtroom for the fourth Superior Court judge and the Commissioners will be moved into a remodeled room on the 5th floor. AB2013-208 (Ordinance 2013-027) Adopted 7-0

104. Amend the Whatcom County Zoning Maps, the Whatcom County Comprehensive Plan, and maps to implement changes to rural land use planning? (Public hearing held) The amendments are in response to state Growth Management Hearings Board that found Whatcom County out of compliance in Futurewise v. Whatcom County and Gold Star Results, Inc. The hearings board decision requires measures to protect rural character by controlling rural development; assuring compatibility with surrounding rural area; banning sprawling, low density development; protecting water resources and avoiding unconstitutional taking of private property. Spot zoning is not included. The county has included the public in development of rural element amendments through public meetings and E-mail. The County Council believes these comprehensive plan amendments answer the GMA’s concerns. AB2013-180 (Ordinance 2013-028) Adopted 5-2, Ken Mann and Carl Weimer opposed.

105. Amend Whatcom County purchasing system? The process is clarified; thresholds are updated to state law limits and the value of contracts increased. The council changed professional service bids from $20,000 to $30,000 and purchasing public works bids from $50,000 to $60,000. AB2013-206 (Ordinance 2013-029) Amended and adopted 6-1, Barbara Brenner3 opposed.

106. Clarify procedures for management and disposition of county-owned personal and real property? The Washington State auditor’s office has recommended Whatcom County update its inventory policies. Efficiency will be increased by taking inventories throughout the year, scheduled so each department gets inventoried every two years. Also required, an annual physical inventory of parts, material, and supplies held in county stores. AB2013-207 (Ordinance 2013-030) Adopted 7-0

107. Amend the rural road safety program fund and establish a project-based budget for the program? At the 11/20/2012 meeting, vote #202, the council established the road safety program with estimated expenditures of $1,030,000 and revenue of $1,299,000. This amendment adds an additional $739,389 for a new budget total of $1,769,389. The prior year road fund of $170,611 is added for a total project amount of $1,940,000. Only $15,000 are local funds, the rest is from the federal government. This amendment is for completion of designs, permitting, and construction of three projects: guardrail indicators, intersection improvements at Smith/Aldrich, and installation of rumble strips on major roads. AB2013-209 (Ordinance 2013-031) Adopted 7-0

108. Amend the 2013 budget (request #7) in the amount of $1,500,069? There are 19 separate items appropriating funds in this amendment. Four appropriations above $150,000 are listed below; they come to a total of $1,341,000. Appropriate: $200,000 for Superior Court renovations; $188,277 to the sheriff’s office for various activities; $725,000 to the sheriff’s office to fund the Operation Stonegarden program and $228,000 to the city of Everson for floodplain property acquisition. AB 2013-210 (Ordinance 2013-032) Adopted 6-1, Carl Weimer opposed.

109. Amend the 2014 budget (request #1) in the amount of $2,496? Transfer: $60,731 from District Court Probation to District Court; $51,686 from Juvenile Court to Superior Court to fund assigned counsel and clerk closure day adjustments and unrepresended pay increases; $17,719 from general fund to treasurer; decrease: Mental Health Dependency Fund by $21,340 and Emergency Management fund by $1,125 for a total supplemental of $2,496. AB2013-212 (Ordinance 2013-033) Adopted 7-0

110. Close the Drug Task Force revolving bank account? The sheriff’s office finds the account duplicative and requests any residual funds go into the county drug fund. AB2013-213 (Ordinance 2013-034) Adopted 7-0