Whatcom County Council

Action Taken at February 11, 2014 Meeting

Shall the council:

23. Request the executive not enter into contract amendments that involve externally funded pass-through monies without County Council review and approval? The executive approved nearly $900,000 increases to the scoping contract with CH2M Hill without the knowledge of the council. The original contract for $961,703 was approved by the council at the 6/5/2012 meeting, vote #90. (AB2014-070) Failed 1-6, Barbara Brenner,1 Rud Brown, Barry Buchanan, Sam Crawford, Ken Mann and Pete Kreman.

24. Authorize the executive to award the low bid of $107,928 to Legacy Ford of Pasco for three 2014 Ford F350 trucks? They have a one-ton cab and chassis with 2-3 yard dump body They replace two 2001 Dodge Ram trucks and one 2004 Ford F350 with milage from 124,156 to 159,470. Bids were advertised and two bids were received. (AB2014-080) Approved 7-0

25. Authorize the executive to spend up to $100,000 to purchase the annual supply of glass beads? The retro-reflective materials used on county roads will be purchased from Alpine Products of Auburn as needed using the Washington State Contract (AB2014-081) Approved 7-0

26. Authorize the executive to sign a $30,000 contract with Whatcom Events to provide funding for advertising and tourism promotion of the annual Ski to Sea Race? (AB2014-085) Approved 7-0

27. Authorize the executive to sign a $2,500,000 grant/loan with the city of Bellingham for a regional stormwater facility? A the 10/8/2013 meeting, vote #168, the council approved an Economic Development Investment Board loan of $1,675,000 and a grant of $825,000. The grant/loan will be used for construction of a regional stormwater facility to provide water quality and flow control to support development of approximately 80 acres. The area is bounded by Bakerview to the South, Pacific Highway to the West, Northwest Avenue to the East and June Road to the North. The 80 acres includes the proposed Costco Store on Bakerview plus 15 acres of single family homes and 10 acres commercial properties. (AB2014-087) Approved 5-2, Barbara Brenner2 and Pete Kremen opposed.

28. Authorize the executive to sign a quitclaim deed for a portion of Boundary Road? The deeding of a portion of the road to the state of Washington will allow them to add a truck lane, a NEXUS lane, install new illumination system, construct new stormwater treatment facilities and new ITS system to the border crossing. AB2014-055 (Resolution 2014-002) Approved 7-0

29. Cancel $148,043 in various uncollectible accounts receivable for the road and solid waste fund? All of the accounts are more than 10 years old and ineligible for collection as the statute of limitations expired. The solid waste fund has 33 names with $118,903 to be written off. The three with bad debt above $1,000 are County Const Recyclers for $113,638, Bakerview Mobile Estates for $1,830 and Seawest Industry for $1,289. The road fund has 45 name with $29,140 to be written off. The two with bad debt above $1,000 are Trillium Corp with $14,515 and Ronald Finkbonner with $3,291. AB2014-077 (Resolution 2014-003) Approved 7-0

30. Approve the Whatcom County treasurer's list of 2013 property tax refunds? The refunds total of $1,152,311 is for senior exemptions; paid in error; tax status change; destroyed property; court ordered and miscellaneous exemptions. The refunds for 2012 totaled $517,366. AB2014-078 (Resolution 2014-004) Approved 7-0

31. Cancel 2013 uncollectible personal property taxes totaling $8,833? The Whatcom County treasurer has been unable to collect taxes of $4,373 on 10 businesses and $4,460 on 26 individuals. The uncollectible property taxes for 2012 totaled $4,407. AB2014-079 (Resolution 2014-005) Approved 7-0

32. Cancel 2013 uncollectible personal property taxes totaling $8,833? The Whatcom County treasurer has been unable to collect taxes of $4,373 on 10 businesses and $4,460 for 26 individuals. The uncollectible property taxes for 2012 totaled $4,407. AB2014-079 (Resolution 2014-005) Approved 7-0Change the name of the Northwest Park and Recreation District 2 to the Blaine-Birch Bay Park and Recreation District? The park board needs the approval of the County Council to change the name. AB2014-071 (Resolution 2014-006) Approved 7-0

33. Approve an interim ordinance requiring conditional uses permits for all packinghouses (formally called slaughterhouses) in the agricultural zoning district? At the 9/10/2013 meeting, vote #158, the council voted to allow packinghouses in the agricultural zoning district. In that vote only packing houses larger than 7,000 required a conditional use permit. This change requires conditional use permits for all agricultural slaughterhouse applicants. Interim ordinances must be renewed every six months. AB2014-060 (Ordinance 2014-008) Adopted 5-2, Sam Crawford and Barbara Brenner3 opposed.

34. Impose an emergency moratorium on the acceptance of new applications for marijuana producers, processors and retailers as authorized by Initiative 502 and medical marijuana facilities authorized under state law? The Washington State Liquor Control Board anticipates issueing marijuana producer, processor and retail licenses starting in February or March 2014. Until further regulations are considered, it is necessary to adopt a moratorium for the preservation of the public peace, health or safety. This ordinance shall expire sixty days from the date it becomes law. AB2014-074A (Ordinance 2014-009) Adopted 7-0

35. Amend the 2014 budget (request #5) in the amount of $1,724,000? Appropriate: $4,000 to fund the travel and associated expenses for councilmember Peter Kremen to attend meetings and annual conference of the legislative steering committee of the Washington State Association of Counties; $1,620,000 for the Slater Road intersections project (see vote #??) at Imhoff and Ferndale roads; $100,000 for phase I of a phone system replacement project. AB2014-058 (Ordinance 2014-010) Adopted 7-0

36. Establish the Dakota Creek Bridge #500 project based fund/budget? The bridge is south of Blaine at Peace Portal Drive and Hall Road. The estimated cost of the project is $3 million with an estimated $2,800,000 from federal sources and $200,000 in county funds. The project budget #1 is $2,718,268 to fund plan, specifications, engineering estimates the complete design of seismic improvements to the project as well as acquisition of all environmental permits necessary to complete construction and to purchase right of way that will be required and construction of the project. AB2014-042 (Ordinance 2014-011) Adopted 7-0

37. Establish the Slater Road intersections project based fund/budget? The project is located between the Imhoff and Ferndale roads. The work involves the additions of turn lanes on Slater Road at Imhoff and Ferndales roads and widening the hald mile bwtween the intersections. This vote for $2,740,000 is intended to fund the complete design of the project as well as acquisition of all environmental permits necessary to complete construction and to purchase right of way that will be required and construction of the project. An estimated $1,120,000 will be from federal sources and $1,620,000 county funds. AB2014-043 (Ordinance 2014-012) Adopted 7-0

38. Replace the telecommunications system fund and related capital budget appropriation? The current telecommunications system is twenty years old, it ends on 3/31/2015. This vote appropriates $100,000 to pay for a telecommunications consultant in Phase I and establishes the “telecommunications system replacement fund.” Additional funding will be required for Phase II. AB2014-059 (Ordinance 2014-013) Adopted 7-0

Action Taken at February 25, 2014 Meeting

Shall the council.

39. Authorize the executive to award the low bid of $1,054,956 to Granite Construction of Bellingham for crushed rock? The 46,541 tons of crushed aggregate will be stockpiled in two locations and used for chip sealing on county roads. The costs will be spread over a three year period. The material was advertised and four bids were received. (AB2014-094) Approved 5-0, Pete Kremen and Carl Weimer absent.

40. Authorize the executive to sign a lease agreement with the Whatcom Humane Society for the facility at 3671 Mt. Baker Highway? The building and property has been leased by the Northwest Wildlife Rehabilitation Center since 5/1/2005 and used as a small animal wildlife rehabilitation center. The rehabilitation center will merge with the Whatcom Humane Society. The lease runs from 3/1/2014 through 2/28/2019 with a monthly rent of $83.36. (AB2014-095) Approved 5-0, Pete Kremen and Carl Weimer absent.

41. Authorize the executive to submit an application for a community development block grant? The application is with the Washington State Department of Commerce for up to $24,000 to fund a planning project with Skagit and Island counties that will address the housing needs of low to moderate income people. By working with neighboring counties Whatcom County becomes eligible for additional non-local matching funds which may include an annual allocation of HOME Investment Partnership Program grant funds from the U.S. Department of Housing and Urban Development. AB2014-092 (Resolution 2014-008) Approved 5-0, Pete Kremen and Carl Weimer absent.

42. Amend the 2014 flood control district budget (request #1) in the amount of $498,700? (Council acting as flood control district board of supervisors) Appropriate: $180,000 to fund Swift Creek repository site analysis; $200,000 to fund system wide improvement framework for Nooksack River levees; $42,7000 to fund Deming levee improvement project; $40,0000 to fund Nooksack River sediment study and $36,000 to fund Marietta property acquisition. AB2014-089 (Resolution 2014-009) Approved 5-0, Pete Kremen and Carl Weimer absent.

43. Authorize the executive to sign the Sumas Mountain/Swift Creek Sediment Management Project agreement? (Council acting as flood control district board of supervisors.) The EPA., state Department of Ecology, county flood control district and Whatcom County will work toward a solution to manage continuing deposition of sediment carrying asbestos in Swift Creek. AB2014 096 (Resolution 2014-010) Approved 5-0, Pete Kremen and Carl Weimer absent.

44. Authorize the executive to sign the Sumas Mountain/Swift Creek Sediment Management Project agreement? Landslides above the headwaters of Swift Creek have allow soils containing naturally-occurring asbestos to enter the creek. See previous vote for details on the agreement. AB2014-096A (Resolution 2014-011) Approved 5-0, Pete Kremen and Carl Weimer absent.

45. Initiate comprehensive plan and zoning amendments for 2014? Annual amendments would implement changes to the zoning map, zoning code and comprehensive plan. Fourteen applications and eight from previous years were forwarded to the Planning Commission4 for further review in 2014. AB2014-098 (Resolution 2014-012) Substitute approved 4-1, Barbara Brenner5 opposed, Pete Kremen and Carl Weimer absent.

46. Amend the Whatcom County Code on aquatic invasive species? This vote expands the prevention program to include mandatory inspections of non-motorized and hand-carried watercraft before launching in Lake Whatcom and Lake Samish beginning in April of 2014. It provides for an awareness course and will discount inspection fees for those who successfully complete the course. It will, in effect make non-motorized and hand-carried watercraft free if the owner takes the course. In addition, the ordinance removes the mandatory expansion of the program from all Whatcom County Lakes in 2015 but institutes a risk assessment of other Whatcom County lakes. 2014-075 (Ordinance 2014-14) Adopted 5-0, Pete Kremen and Carl Weimer absent.

47. Amend 2014 budget (request #6) in amount of $260,519? Appropriate to the sheriff’s office: $10,092 to fund drug task force vehicle leases; $644 for active shooter response training; $5,821 to fund overtime for organized crime drug task force; $1,000 to purchase one Nikon digital camera; $166,525 to fund completion of 2011 fiscal year Operation Stonegarden Program for Blaine, Ferndale, and Lynden police departments to enhance law enforcement readiness on the border; $48,380 to to fund completion of the State Homeland Security Program for fiscal year 2012: $28,057 to fund 2013 state Homeland Security Program. AB2014-088 (Ordinance 2014-015) Adopted 5-0, Pete Kremen and Carl Weimer absent.

48. Amend county food service rules and regulations to implement changes tn the state food code? (Council acting as county health board) Local jurisdictions are required to adopt regulations that are as stringent as state regulations. AB2014-090 (Ordinance 2014-016) Adopted 5-0, Pete Kremen and Carl Weimer absent.