Whatcom County Council

Action Taken at July 12, 2016 Meeting

Shall the council:

110. Appoint Whatcom County Corrections Deputy Mark Holst to serve on the Jail Stakeholder Workgroup? He has served on the Corrections Bureau — it operates the jail and work center — for almost 27 years. (AB2016-179A) Appointed 7-0

111. Authorize the executive to sign an agreement with the city of Bellingham for a federal grant? (Public hearing held.) The $39,398 grant is from the Edward Byrne Memorial Justice Assistance Grant Program. The city of Bellingham will receive $23,752, and the sheriff’s office will receive $15,646 for ballistic helmets. The agreement expires on 12/31/2017. (AB2016-201) Approved 7-0

112. Authorize the executive to award the low bid of $243,862 to Bianchi Construction of Lynden for the Birch Point collaborative drainage system repair? (Council acting as the flood-control district board of supervisors) The engineer’s estimate was $270,718. Four bids were received; the high bid was $557,034. The total estimated cost of the project is $414,976. The contract will provide construction services for repair of the drainage system, which will replace an undersized outflow pipe in order to prevent flooding and beach erosion. (AB2016-222) Approved 7-0

113. Authorize the executive to sign an $1,537 contract with Whatcom County Fire District #8? The contract will provide fire-protection services for the Gooseberry Point Ferry Terminal serving Lummi Island. The contract expires on 12/31/2016. (AB2016-224) Approved 7-0

114. Authorize the executive to sign a $151,883 contract with design2LAST Inc. of Edmonds for jail and work center assessment services? The contract will provide building assessment studies and cost estimates for capital improvements to the existing jail and work center. The contract expires on 12/31/2017. (AB2016-227) Approved 7-0

115. Authorize the executive to sign a $1.1 million grant to the city of Bellingham? The council approved the recommendations of the Economic Development Investment Board at the 6/14/2016 meeting, vote #95. The grant will help fund the Granary/Laurel Street project. The project will be the first and primary arterial connection through the Waterfront District redevelopment area. The total cost of the project is $10,400,000, with $6,700,000 in federal funds and $2,600 in local money. Permanent jobs for the Waterfront Area are estimated at 320 for phase 1, 240 for phase 2 and 224 for phase 3 for a total of 784. (AB2016-228) Approved 7-0

116. Authorize the executive to award the low bid of $488,826 to Lake Union Drydock Company of Seattle for the annual ferry dry-docking? The engineer’s estimate was $371,425. Three bids were received; the high bid was $708,766. The contract will provide repair and maintenance of the Whatcom Chief ferry, serving Lummi Island. The services are estimated to be completed on 9/29/2016. (AB2016-229) Approved 7-0

117. Authorize the public works director to apply for a $237,000 state grant for salmon habitat assessments? If successful, the Salmon Recovery Funding Board grant will partially fund the lower 36.5 miles of the Nooksack River as part of the WRIA 1 salmonid recovery plan. The total cost of the project is $337,000, with the remaining $100,000 being funded by a pending National Oceanic and Atmospheric Administration grant. AB2016-223 (Resolution 2016-024) Approved 7-0

118. Increase membership on the Jail Stakeholder Workgroup? At the 6/14/2016 meeting, vote #98, the council created the work group, which will address financial agreements required for the development of a new jail, including the size and associated cost of the facility; the funding mechanism; and the allocation and funding of operating expenses. The Small City Caucus — representing the cities of Blaine, Everson, Ferndale, Lynden, Nooksack and Sumas — has requested increasing small cities representation on the committee from one member to two. AB2016-179B (Resolution 2016-025) Approved 5-2, Carl Weimer and Ken Mann opposed.

119. Amend the rules and regulations for septic systems? (Public hearing held.) The amendment would allow the Whatcom County Health Officer to suspend and/or revoke a Health Department-granted operations and maintenance specialist license, for cause. The amendment provides authority in accordance with On-Site Sewage Regulations. AB2016-214 (Ordinance 2016-024) Adopted 6-1, Barbara Brenner opposed.1

120. Repeal and replace Whatcom County Council district boundaries? At the Nov. 3, 2015 general election, voters approved an increase in Whatcom County Council districts from three to five. At the 1/26/ 2016 meeting, vote # 20, the council appointed four members to the Districting Committee. That committee created a five-district plan that went into effect upon its submission to the Whatcom County Auditor on 4/21/2016. This ordinance reflects changes in the legal descriptions of council districts. AB2016-200 (Ordinance 2016-025) Adopted 7-0

121. Amend the Whatcom County Commission on Salaries for Elected Officials? At the Nov. 8, 2011, general election, voters approved the creation of a commission to set salaries for the county assessor, auditor, council members, executive, prosecuting attorney, sheriff and treasurer. This ordinance amends language within Whatcom County code defining commission membership criteria to reflect the voter-approved change in the number of districts from three to five. AB2016-216 (Ordinance 2016-026) Adopted 7-0

122. Extend the life of the Wildlife Advisory Committee? At the 7/7/2015 meeting, vote #131, the council created the Wildlife Advisory Committee to advise county Planning and Development Services on wildlife and habitat management issues. The committee expired on 6/31/2016, and the membership requested a one-year extension to complete the update of the existing condition report. The ordinance grants an extension until 7/31/2017. AB2016-217 (Ordinance 2016-027) Adopted 7-0

123. Amend the 2016 budget (request #11) in the amount of $10,000? Appropriate: $10,000 to fund the additional costs of producing an expanded version of the voter’s pamphlet that adds state and federal candidates that appear on the primary ballot, in addition to local items. AB2016-215 (Ordinance 2016-028) Adopted 7-0    Action Take at

July 26, 2016 Meeting

Shall the council:

124. Appoint committees to write pro and con statements to appear in the voter’s pamphlet on the EMS levy measure? At the 5/31/2016 meeting, vote #93, the council voted to submit the levy to voters at the 2016 general election. If passed, the levy will begin in 2017 at a rate of $.295 or less per $1,000 of assessed valuation, and expire in 2023. The EMS system provides medical and other services to all areas in Whatcom County. Pro statement: Marisa Bamesberger, Bill Boyd and Erica Work. Con statement: Ray Baribeau, Karl Uppiano and Patricia Dunn. (AB2016-167A)

125. Appoint members to the Jail Stakeholder Workgroup? At the 6/14/2016 meeting, vote #98, the council created the work group, which will address financial agreements required for the development of a new jail, including the size and associated cost of the facility; the funding mechanism; and the allocation and funding of operating expenses. Appointed: Howard Hill Cummings is a state-certified peer counselor and past member of the Whatcom County Mental Health Advisory Board (one county or small city resident living outside the city of Bellingham), and Kelli Carroll is a policy advisory and a former King County budget and policy analyst (one resident from the city of Bellingham). (AB2016-179A) Approved 6-0, Todd Donovan absent.

126. Authorize the executive to sign a $49,950 contract with FLO Analytics of Seattle? (Council acting as the flood-control district board of supervisors.) The contract will provide GIS and data management services for the 2016 and 2017 Birch Bay Watershed and Aquatic Resource Management District Annual Fee Roll billing system. The contract expires on 12/31/2017. (AB2016-233) Approved 6-0, Todd Donovan absent.

127. Authorize the executive to award the low bid of $72,695 to JT Muenscher of Everson to remove structures in Marietta? (Council acting as the flood-control district board of supervisors.) The engineer’s estimate was $81,375. Seven bids were received; the high bid was $117,180. The contract provides removal of structures from properties in Marietta acquired with grant funds by Public Works as part of the Lower Nooksack River Comprehensive Flood Hazard Management Plan. Seventy-five percent of the cost will be reimbursed in federal funds and 12.5 percent in state funds. (AB2016-234) Approved 6-0, Todd Donovan absent.

128. Authorize the executive to award the low bid of $314,810 to Dirt Works Bellingham for the South Fork Park parking lot and trailhead improvements? The engineer’s estimate was $316,098. Ten bids were received; the high bid was $563,997. Improvements include a new paved access road, a single unit parking area, a paved horse-trailer parking area and a new vault toilet. The contract expires on 1/31/2017. (AB2016-235) Approved 6-0, Todd Donovan absent.

129. Authorize the executive to sign a $105,412 contract with the Opportunity Council (amendment #3) for the East Whatcom Regional Resource Center? At the 9/27/2011 meeting, vote #152, the council approved a lease agreement with the Opportunity Council for the operation of the Resource Center, including support for nonprofit agencies serving low-income and disadvantaged children and families. The contract is increasing from $98,700 to $105,412 annually through 9/30/2021. The 25-year contract expires on 9/30/2036. (AB2016-237) Approved 6-0, Todd Donovan absent.

130. Authorize the executive to award the low bid of $429,651 to the Granite Construction Company of Watsonville, CA for the South Pass Road project? The engineer’s estimate was $447,149. Nine bids were received; the high bid was $602,195. The project will repair damage caused by severe winter rains in February 2015. The existing roadway will be excavated, stabilizing geogrid wraps and a guardrail installed, and drainage upgraded. The total estimated project cost is $785,500. The county has been awarded $673,000 in federal funds for the project; it requires 13.5 percent in local matching funds. The project is listed as item 21 on the 2016 Annual Construction Program. (AB2016-238) Approved 6-0, Todd Donovan absent.

131. Set August 9 as the public hearing date regarding the sale of surplus property? The surplus property comprise objects too costly to repair or are outdated.The surplus property includes: 14 trucks, 11 sheriff’s department sedans (with mileage from 109,896 to 199,599), eight buses, six SUVs, one van, three forlklifts, two front-loaders, two tractors, eight pedal-boats, and various small maintenance equipment items. The vehicles and equipment have either currently been replaced, or have been deemed damaged or obsolete. AB2016-231 (Resolution 2016-026) Approved 5-1, Barbara Brenner2 opposed, Todd Donovan absent.

132. Initiate Comprehensive Plan and zoning amendments? At the 3/8/2016 meeting, vote #46, the council voted to begin the formal review process required to amend the Comprehensive Plan. These proposed amendments are specifically related to zoning changes in the Cherry Point Urban Growth Area. AB2016-232 (Resolution 2016-027) Amended and approved 5-1, Barbara Brenner3 opposed, Todd Donovan absent.

133. Order an election to determine the formation of the Columbia Valley Park and Recreation District? (Public hearing held) At the 6/28/2016 meeting, vote #108, the council accepted the petition to create the park district and set a public hearing on the proposal. This ordinance will initiate the process of establishing the boundaries of the proposed district, naming the district, and placing Initiative No. 2016-1, which would create the district if passed, on the November 2016 general election ballot. AB2016-218A (Ordinance 2016-029) Adopted 6-0, Todd Donovan absent.

134. Amend the 2016 budget (request #12) in the amount of $190,003? Appropriate: $15,646 to the sheriff’s office for ballistic helmets; $4,185 to the sheriff’s office for SWAT equipment; $42,793 to the sheriff’s office for the reinstatement of one patrol deputy; $123,508 for an Opportunity Council public services grant project, providing support to low- and moderate-income homeowners and residents in Whatcom, Island, and San Juan counties; $3,871 for the renovation of the county-owned Sun House, which offers transitional housing to individuals with a history of incarceration experiencing chronic homelessness and mental illness. AB2016-230 (Ordinance 2016-030) Adopted 6-0, Todd Donovan absent.

Action Taken at August 9, 2016 Meeting

Shall the council:

135. Confirm the updated list of Jail Stakeholder Workgroup members? At the 6/14/2016 meeting, vote #98, the council created the workgroup, which will address financial agreements required for the development of a new jail, including the size and associated cost of the facility; the funding mechanism; and the allocation and funding of operating expenses. It will consist of two Whatcom County Council members (Barry Buchanan and Todd Donovan); two Bellingham City Council members (Pinky Vargas and Gene Knutson); one member of the Lummi Indian Business Council (vacant); one member of the Nooksack Tribal Council (vacant); the Whatcom County executive (Jack Louws); the mayor of Bellingham (Kelli Linville); one small city council member (Keith Olson); one small city mayor (Scott Korthuis); the Whatcom County sheriff (Bill Elfo); the city of Bellingham police chief (Cliff Cook); one city of Bellingham resident (Kelli Carroll); one county resident (Harold Cummings); one member of the Incarceration Prevention and Reduction Task Force (Jack Hovenier); and one Whatcom County corrections officer (Mark Holst). The workgroup will be dissolved upon the County Council adoption of a jail ballot measure. (AB2016-179C) Approved 6-1, Barbara Brenner4 opposed.

136. Amend Comprehensive Plan and zoning amendments initiated at the 7/26/2016 meeting, vote #132? These amendments relate to the Cherry Point Urban Growth Area and language in the Comprehensive Plan specifically related to the Gateway Pacific Terminal. (AB2016-232A) Failed 1-6, Rud Browne, Barry Buchanan, Todd Donovan, Ken Mann, Satpal Sidhu, and Carl Weimer opposed.

137. Authorize the executive to sign a $210,000 agreement between the flood control district and the city of Lynden for the Pepin Creek project? (Council acting as the flood control district board of supervisors). The agreement will reimburse the city of Lynden for the costs of bank stabilization measures as part of the Pepin Creek project. The agreement expires upon completion of the project. (AB2016-246) Approved 7-0

138. Authorize the executive to sign a $105,440 contract with Anchor QEA of Seattle for the Harborview Road drainage improvement project? (Council acting as the flood control district board of supervisors). The contract will provide engineering design assistance, including facilitation of public meetings, topographic surveys and three design options for addressing flooding and stormwater conveyance in Birch Bay. The contract expires on 4/28/2017. (AB2016-247) Approved 7-0

139. Authorize the executive to award the low bid of $296,253 to Larry Brown Construction of Bellingham for the Lakeway Drive crosswalk? The engineer’s estimate was $283,257. Two bids were received; the high bid was $313,429. The contract will provide a HAWK crosswalk signal and warning beacons at the intersection of Lakeway Drive and Parkstone Lane. The project is number 23 on the 2016 Annual Construction Program. The total estimated cost of the project is $399,253. (AB2016-248) Approved 5-1-1, Ken Mann opposed and Rud Browne abstained.

140. Authorize the executive to award the low bid of $183,365 to South Fork Construction Company of Acme for the Nesset Farm? The engineer’s estimate was $174,862. Three bids were received; the high bid was $272,335. The contract will provide foundation and wall repairs, and roof replacement for two structures at the Nesset Farm, located at South Fork Park. The contract expires on 8/18/2017. (AB2016-249) Approved 7-0

141. Authorize the executive to approve the purchase of fleet vehicle parts not to exceed $180,000 from multiple local vendors? Public Works is requesting approval to select the appropriate vendor as dictated by availability, total cost and performance of parts. The vendors are: Advance Stores Company, AutoZone Stores Inc., Genuine Auto Parts (dba NAPA), Parts Wholesalers Inc., and Seattle Automotive Distributing. (AB2016-250) Approved 7-0

142. Authorize the executive to sign a $65,000 contract (amendment #2) with Covenant Consultants of Ridgefield, Wash. for continuation of consulting services? At the 12/8/2015 meeting, vote # 253, the council voted to amend the budget to provide funding for consultation services related to the research and valuation defense of the recent property appraisal appeals filed by BP Oil Refinery. The total amended contract amount is $130,000 and expires on 6/15/2017. (AB2016-254) Approved 7-0

143. Authorize the executive to sign a $50,641 contract (amendment #2) between with Razz Construction for the Academy Road stormwater improvements? At the 11/25/2014 meeting, vote #231, the council voted to establish a project-based budget project. The project, which will treat stormwater runoff from 80 acres, is listed as #1 on the flood district’s Six-Year Resources Improvement Program. The contract will provide reconfiguration of the primary distribution system, the addition of a second pre-treatment unit, traffic control and landscape restoration for the project. The total contract amount is $830,527. The contract expires upon completion of the project. (AB2015-347A) Approved 7-0

144. Authorize the sale of surplus property? (Public hearing held.) The surplus property is comprised of objects that are outdated or too costly to repair. It includes: 14 trucks, 11 sheriff’s department sedans (with mileage from 109,896 to 199,599), eight buses, six SUVs, one van, three forlklifts, two front-loaders, two tractors, eight pedal-boats, and various small maintenance equipment items. AB2016-231A (Resolution 2016-028) Approved 6-1, Barbara Brenner5 opposed

145. Affirm the Purchase of Development Rights Oversight Committee ranking and authorize the administrator and executive to proceed with the acquisition process? The Purchase of Development Rights program is used to preserve farmland for farming, habitat conservation, and outdoor recreation purposes. Applications for participation in the program are reviewed and ranked as to their overall public benefit. The oversight committee requests that the county acquire development rights on six properties (Cougar Creek Ranch-158 acres, Squalicum Ranch-174 acres, Sandra Matheson-18 acres, Justin Williams 2-20 acres, Justin and Leslie Servid-Williams-14 acres, Sam and Donna Grubbs-20 acres), and acquire appraisals on five properties. AB2016-245 (Resolution 2016-029) Approved 7-0

146. Accept the update to the 2016 Whatcom County Coordinated Water System plan? At the 9/30/2014 meeting, vote #168, the council voted to authorize the executive to enter into a contract with RH2 Engineering to update the Coordinated Water System plan originally adopted in 2000. Washington state law requires that a public hearing be held to ensure that the plan is consistent with county plans, policies and programs before it is submitted to the Washington Department of Health for approval. AB2016-192 (Resolution 2016-030) Amended and approved 7-0

147. Adopt an emergency ordinance imposing a moratorium on the acceptance and processing of applications and permits for new or expanded unrefined fossil fuel facilities in the Cherry Point Urban Growth Area? The ordinance will prevent, for 60 days, new permitting activity related to the shipment of unrefined fossil fuels not to be processed at Cherry Point. Unrefined fossil fuel refers to all forms of crude oil, including: butane, coal, natural gas in liquid or gaseous state, methane, propane, and raw or diluted bitumen. In accordance with state law, a public hearing will be held within 60 days of the passage of this ordinance. The emergency ordinance expires on 10/10/2016. AB2016-256 (Ordinance 2016-031) Amended and adopted 7-0

148. Amend the purchasing system? The amendments establish administrative protocols for advertising and approving public contracts, including: adjusting monetary thresholds for the solicitation of bids; requiring council approval for contracts greater than $50,000; and authorizing executive approval for certain contracts and contract amendments. AB2016-191 (Ordinance 2016-032) Substitute amended and adopted 5-2, Barbara Brenner6 and Ken Mann opposed.

149. Amend the 2016 budget (request #13) in the amount of $161,200? Appropriate: $100,000 to fund continuing Cherry Point refinery property-valuation appeals defense; $5,000 to fund the sheriff’s office boating safety patrols; $10,000 to fund the sheriff’s office drug enforcement investigations; $46,200 pass-through grant to fund What-Comm E911. AB2016-241 (Ordinance 2016-033) Adopted 7-0

150. Adopt amendments relating to the 2016 Comprehensive Plan update and Urban Growth Area review? (Public hearing held.) Washington State law requires the county and the seven cities within the county to periodically update their comprehensive plans, with a review of their Urban Growth Areas that includes public input. Public hearings related to Comprehensive Plan amendments were held by the County Council on 1/26/2016, 3/22/2016, 4/5/2016, 5/3/2016, 5/17/2016, 5/31/2016, 6/14/2016 and 6/28/2016 regular meetings. AB2016-047O (Ordinance 2016-034) Adopted 6-1, Barbara Brenner7 opposed.

151. Adopt development regulations and Comprehensive Plan amendments relating to the 2016 Comprehensive Plan periodic update? (Public hearing held on 6/28/2016.) The amendments relate to developments sited near pipelines, the updating of Urban Growth Area maps, and zoning and land division regulation issues. AB2016-047M (Ordinance 2016-035) Adopted 7-0

152. Amend the Comprehensive Plan pertaining to the Smith Road/Guide Meridian area? The amendment, in response to a re-zoning application submitted by Specified Fittings, Inc., would change the land use designation on a two-acre parcel from Rural 5 Acres (R5A) to Rural Industrial Manufacturing (RIM), concurrently amending the area as depicted in the official Whatcom County Zoning Map. AB2016-242 (Ordinance 2016-036) Adopted 7-0

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