Whatcom County Council

Action Taken at July 9, 2013 Meeting

Shall the council:

111. Approve an agreement with city of Bellingham for the Homeowners Incentive Program? A $500,000 state grant was awarded to develop a program of stormwater management for home-owners in Silver Beach Creek sub-basin of the Lake Whatcom watershed. The program is designed to reduce phosphorus in the stormwater and will be administered by the city of Bellingham. Homeowners within the sub-basin are eligible to apply for $1,000 to $6,000 amounts for the installation of rain gardens, lawn removal, sand filters and permeable pavement. The program provides technical assistance, education, oversight and guidance on maintenance. The county and city provide $166,666 match with the county’s portion $11,523 a year, provided by staff assistance. (AB2013-239) Approved 7-0

112. Approve the recommendations of the Economic Development Investment Board for a $780,000 loan/grant to the city of Nooksack? The city of Nooksack is working with the city of Everson to complete a major upgrade of a wastewater treatment plant that serves both cities. The Economic Development Investment Board at the 6/24/2013 meeting approved a loan of $520,000 and a grant of $260,000 for the wastewater treatment plant upgrade. Both cities have applied for state grants. The EDI grant/loans will only be used if the state grants are not approved. (AB2013-241) Approved 6-1, Ken Mann opposed.

113. Authorize the executive to sign a contract for $22,610 contract (amendment #4) with the Opportunity Council for transportation and hygiene product assistance? The original contract was approved at the 12/6/2011 meeting, vote #211. This amendment adds transportation and hygiene product distribution for individuals and families. The amendment brings the total contract of $606,396 (AB2013-244) Approved 7-0

114. Authorize the executive to sign a $50,000 contract (amendment #3) with the North Sound Mental Health Administration of Mount Vernon for the crisis stabilization beds program? The beds are located at the crisis triage facility and the Rainbow Center in Bellingham. This amendment brings the total contract to $974,811. The contract expires on 12/31/2013. (AB2013-245) Approved 7-0

115. Authorize the executive to sign a $38,117 contract (amendment #1) with BergerABAM of Federal Way for additional design work on the Dakota Creek Bridge on Portal Way? The contract is amended for additional environmental permitting coordination, cathodic protection design, and sedimentation pond design. Bridge construction is scheduled to start in 2014. A subconsultant engineer is Tinmnea and Associates of Seattle. This amendment brings the total contract of $201,955. (AB2013-246) Approved 7-0

116. Authorize the executive to sign a $38,000 contract (amendment #1) with DLR Group of Omaha, NE to complete site analysis for a new county jail? The amendment includes a Geotech engineering study and environmental site assessment. The proposed site may have soil and groundwater contamination due to a former hazardous waste landfill/pit site at that location near Ferndale. This amendment brings the total contract to $491,902. The expiration date is 9/27/2013. (AB2013-249) Approved 7-0

117. Order the cancellation of uncashed checks issued between 1/1/2010 and 6/30/2011? There are 800 jail inmate trust fund checks totaling $3,469. The money will be transferred to the state of Washington as abandoned property where it will be available to the payee indefinitely. AB2013-242 (Resolution 2013-021) Approved 7-0

118. Authorize the executive to award the low bid of $1,629,380 to Granite Construction for Hannegan Road pavement rehabilitation? This vote also amends county road project 9130001. The project is approximately four miles between Hemmi Road and Scott Ditch Bridge. The county engineer estimated the cost at $1,656,703. The total cost of the project is $1,875,000 with $1,500,000 in state funds. AB2013-247 (Resolution 2013-022) Approved 7-0

119. Add the Point Roberts Character Plan to to the comprehensive plan and zoning amendments? They were approved at the 2/12/2013 meeting, vote #30. The proposed changes to the character plan are meant to streamline the plan’s advisory committee’s selection criteria and procedures. The character plan will be forwarded to the Planning Commission for further review in 2013 and will add it to the existing 2013 docket for the annual amendment review. AB2013-088A (Resolution 2013-023) Approved 7-0

120. Close a portion of Boundary Road where it intersects with SR539? (Public hearing held) The Washington State Department of Transportation requested the closure. It will allow the state to proceed with a project to enhance the border crossing to add a truck lane, a NEXUS lane, construct a stormwater treatment facility and install a new ITS system. AB2013-202 (Ordinance 2013-035) Adopted 7-0

121. Close Limestone Road east of Tilbury Road to vehicular traffic? (Public hearing held) Efforts for many years to stop illegal dumping in that area have been ineffective. Limestone Road beyond Tilbury Road has no residential structures. The closure will allow property owners to install county approved signs and a gate only allowing pedestrians and non-motor vehicles access along that portion of the road. AB2013-235 (Ordinance 2013-036) Adopted 7-0

122. Continue the interim moratorium on the acceptance of new applications for divisions of land resulting in lots smaller than five acres within the Lake Whatcom watershed? (Public hearing held) The action is deemed necessary to assess the threat development to future degradation of the drinking water supply. Divisions and boundary line adjustments utilizing clustering (design allowing concentration of development densities on a smaller portion of a site in exchange for open space on the remainder) which result in lots less than five acres with no overall lot density increase shall be exempt from this division moratorium and shall apply to five acre zones R5A and RR5A only in areas without public water availability. The moratorium was first passed at the 2/8/2005 meeting, vote 46. Interim ordinances must be renewed every six months. AB2013-040C (Ordinance 2013-037) Substitute adopted 7-0

123. Enter into a development agreement with the Cornwall Church to mitigate wetland and wetland buffer fill in order to create additional parking? Several wetlands and buffers are located on 49 acres of church property at 4518 Northwest Drive. The agreement allows 9,200 square feet of wetland buffer fill for the construction of 126 parking spaces in the southwest corner of the property bringing total parking to 673 spaces. The agreement includes a mitigation plan for 1.96 acres of wetlands and buffer enhancement in the north and northwest portion of the property. AB2013-234 (Ordinance 2013-038) Adopted 7-0

Action Taken at July 23, 2013 Meeting

Shall the council:

124. Authorize the executive to sign a $230,947 contract with Tetra Tech Inc. of Seattle for engineering design assistance for stormwater projects in the Birch Bay watershed? (Council acting as the flood control district board of supervisors) The county is working with Birch Bay Watershed Aquatic and Resources Management District and approves the priority retrofit for four individual projects and design of Beachway Drive and Fern/Park improvements. (AB2013-259) Approved 6-0, Kathy Kershner absent.

125. Authorize the executive to accept a $140,026 state grant to track registered sex and kidnapping offenders in Whatcom County? The Washington Association of Sheriffs and Police Chiefs grant provides staff funding (one full time and one part time) for the address and residency verification program. The program requires face-to-face verification at a registered sex offender’s place of residency once every three months for level III offenders, every six months for level II offenders and every twelve months for level I offenders. The grant runs from 7/1/2013 to 6/30/2014. (AB2013-261) Approved 6-0, Kathy Kershner absent.

126. Authorize the executive to accept a $176,799 grant from Thrive by Five Washington to implement the Nurse-Family Partnership program? The program supports low income first time mothers with risk factors such as hispanic ethnicity, geographic isolation, depression, and substance abuse. The program now serves 30 families and will continue to add up to 47 total. The home visitors support young families through first two years of child’s life. The grant runs from 7/1/2013 through 6/30/2014. Thrive by Five is an organization funded by the state of Washington (Early Learning Fund) and the Bill and Melinda Gates Foundation. (AB2013-263) Approved 6-0, Kathy Kershner absent.

127. Authorize the executive to award the low bid of $115,444 to Whatcom Builders of Bellingham for construction of Hovander Trail in Ferndale Park? Funds were approved in current budget using REET 11 funding. The work was advertised and 11 bids were received. (AB2013-264) Approved 4-2, Barbara Brenner and Bill Knutzen opposed, Kathy Kershner absent.

128. Authorize the executive to sign a $40,000 contract (amendment #1) with the state of Washington for survey work and closing costs related to the Lake Whatcom reconveyance? The county agreed to pay the costs to transfer approximately 8,000 acres of state trust land in the Lake Whatcom area to Whatcom County for parkland. The initial contract for $291,000 was approved at the 11/10/2009 meeting, vote #248. The additional amount is required for survey and legal costs bringing the total cost to $331,000. The project is funded by Conservation Futures Funds. (AB2013-265) Approved 4-2, Barbara Brenner and Bill Knutsen opposed, Kathy Kersner absent.

129. Authorize the executive to sign a a $145,543 contract with Hyland Software of Westlake, Ohio, for professional services, software, and initial maintenance to implement an electronic real estate excise tax system? The software will allow local title companies to electronically submit land transfer documents and deeds  to the assessor/treasurer system and route them into the auditor’s office electronic system for final recording. (AB2013-266) Approved 6-0, Kathy Kershner absent.

130. Authorize the executive to sign a $257,00 contract (amendment #3) with DLR Group of Omaha, NE, for the Courthouse courtroom renovation project and a feasibility study for a holding/release facility? The amendment is for predesign and schematic design work for the courtroom renovation project and a feasibility study on using a portion of the Public Safety Building or the Courthouse basement as a holding/release facility. This is an amendment to vote #12 at the 1/29/2013 meeting; the company was chosen to provide engineering and architectural work for the new jail planning process. This amendment brings the total contract to $748,902, it expires on 9/27/2013. (AB2013-267) Approved 6-0, Kathy Kershner absent.

131. Authorize the executive to award the low bid of $147,790 to Matria Contractors of Ferndale to install scour protection around Mosquito Lake Road North/Fork Nooksack River Bridge? Riprap will be placed around the bridge and large woody debris placed downstream for environmental mitigation. The county engineer estimated the cost of the project at $168,100; the work was advertised and three bids were received. The total cost of the project is $247,790. Federal grants fund most of the project. AB2013-260 (Resolution 2013-024) Approved 6-0, Kathy Kershner absent.

132. Restore the WRIA 1 Planning Unit to assist the Whatcom County Council regarding water resources? The Planning Unit has not met since 6/30/2009 and is now called back into action to regularly review and  recommend approval of ongoing assessments of the current water resource situation, review the progress of salmon recovery efforts, and review and comment on water resource issues that come before the council. (AB2013-190) (Resolution 2013-025) Amended and approved 6-0, Kathy Kershner absent.

133. Adopt the Swift Creek Sediment Management Action Plan and implement Phase 1 projects? (Public hearing held on March 13) The plan addresses sedimentation and flooding deposits that contain naturally occurring asbestos and trace metals. The resolution is contingent upon agreement between the U.S. Environmental Protection Agency and the Washington Department of Ecology regarding management of liability issues and available funding to implement the projects. AB2013-111A (Resolution 2013-026) Approved 6-0, Kathy Kershner absent.

134. Adopt a revised system of assessment for Drainage Improvement District #6? (Public hearing held) Each parcel assessment is based on a combination of the relative ratio of benefit, use or acreage. Property owner pays a proportionate share based on the value assessment. The revision will provide automation to improve accuracy and equity of the annual assessment roll generation process. AB2013-237 (Ordinance 2013-039) Adopted 7-0

135. Amend the Whatcom County Code to allow agricultural area amendments and related changes affecting the agricultural zone? (Public hearing held) The amendments relate to the agricultural strategic plan approved at the 7/26/2011 meeting, vote #115. The amendments are deemed to be consistent with and implement the Whatcom County Comprehensive Plan and comply with the Growth Management Act. The changes include: Change to Ag Farmland Parcel creation and Ag Siting Criteria, and procedurally treating Ag Parcel Reconfigurations similar to Boundary Line Adjustments. AB2013-128B (Ordinance 2013-040) Adopted 7-0

136. Amend the six-year 2013-2018 capital improvement program? (Public hearing held) The 2013-2018 program was adopted at the 11/20/2012 meeting, vote #198. The amendments include four additional capital improvement projects (painting of county buildings, Courthouse lighting, pubic defenders building repairs, and Central Plaza building HVAC upgrades) and modification of two existing ones (Courthouse repairs, new courtroom, and hearing rooms for the new superior court judge). AB2013-252 (Ordinance 2013-041) Adopted 7-0

137. Amend Lummi Island ferry rates? (Public hearing held) The ordinance changes the setting of fees for low income ferry users from a set amount to the U.S. Department of Housing and Urban Development very low income levels which are modified every year. It also changes the Need-Based ticket sales location from the treasurer’s office in the Courthouse to the Whatcom County Public Works Administration Building. (AB2013-253) Ordinance 2013-042) Adopted 7-0

138. Create the Lake Whatcom Overlay District and amend the text of Whatcom County Comprehensive Plan relating to water quality and stormwater management? The Growth Management Act requires the rural element of the Comprehensive Plan protect critical areas and surface and groundwater resources. The amendments protect water resources by requiring new development to meet stormwater requirements and implement best management practices that prevent and treat phosphorus runoff to meet natural conditions. The Overlay District, which covers the entire geographic area of the Lake Whatcom watershed, will establish more stringent standards on clearing activities, including limiting impervious surface areas to reduce phosphorus loading as required by the state Department of Ecology. AB2013-102A (Ordinance 2013-043) Adopted 6-0, Kathy Kershner absent.

139. Amend the 2013 budget (request #8) in amount of $178,129? Appropriate $115,409 to fund Opportunity Council public service projects; $15,000 to fund Nesset Farm tractor and mower purchase for general maintenance;: $1,000 to sheriff office for first aid training equipment and $6,720 to sheriff office for overtime at Northwest Washington Fair; $40,000 to state Department of Natural Resources to survey land for Lake Whatcom Reconveyance. AB2013-254 (Ordinance 2013-044) Adopted 4-2, Barbara Brenner and Bill Knutzen opposed, Kathy Kershner absent.

140. Increase by $100,000 the 2013-2014 New Jail Project Fund? The 2013-2014 jail fund was initially approved at the 1/29/2013 meeting, vote #22. It transferred $1 million into the jail fund and approved the expenditure of $444,902. This vote is for a traffic study, geotechnical study, phase 2 environmental site assessment, and a fiscal impact analysis as requested by the city of Ferndale. This vote increases the expenditures to $544,902. AB2013-255 (Ordinance 2013-045) Adopted 6-0, Kathy Kershner absent.

141. Establish the Nesset Farm Restoration Fund and appropriate $250,000 for restoration of the Nesset house? The county acquired the 1888 farm as a county park and restoration projects were anticipated. The fund will be used to account for expenditures and revenues and is covered by donations from the Nesset Foundation. When completed in 2015 the house and farm will be available for educational tours and public activities AB2013-256 (Ordinance 2013-046) Adopted 4-2, Barbara Brenner and Bill Knutzen opposed, Kathy Kershner absent.

142. Authorize an interfund loan to finance the Nesset Farm Restoration Project Fund? The loan not to exceed $100,00, is for up to three years and the loan is from the Real Estate Excise Tax Fund II. The loan will by paid by the Nesset Foundation with no interest charged. AB2013-256A (Ordinance 2013-047) Adopted 4-2, Barbara Brenner and Bill Knutzen opposed, Kathy Kershner absent.

139. From Barbara Brenner: I opposed the budget amendment because questioned why it was necessary for the cost of the tractor for the Nesset Farm to first be born by the county and then to be paid right back by the Land Trust. It seemed there would have been extra costs doing it that way than just having the Land Trust purchase it. There was no one present to answer my question.

141. From Barbara Brenner: I opposed fund for reasons similar as my opposition in #139.

142. From Barbara Brenner: I opposed the interfund loan for similar reasons as my opposition in #139. Also, I oppose using money from the REET 11 Fund for more park funding at this time (see #127). I realize it is claimed to be a short term loan. But, loan return time can always be extended. I want the REET 11 Fund used for more essential public services, such as stormwater facilities in the Lake Whatcom Watershed. Parks projects are very nice to have but they must be better prioritized so that the most important ones are funded out of our general fund and others must wait.