Whatcom County Council

Action Taken at December 6, 2016 Meeting
Shall the council:

226. Appoint Stephen Nyman to fill a vacancy on the Wildlife Advisory Committee? At the 7/7/2015 meeting, vote # 131, council created the Wildlife Advisory Committee, which advises the county on habitat and wildlife management issues as they pertain to the Whatcom County Comprehensive Plan. The committee has eleven members, seven of whom are required to have technical expertise. Mr. Nyman is a wildlife biologist with a Ph.D. in biological sciences from the University of Rhode Island and 25 years of professional experience in conducting natural resource studies. The committee is set to dissolve on 7/31/2017. (AB2016-349) Appointed 7-0

227. Authorize the executive to sign a $119,650 contract (amendment # 7) with Brown and Caldwell of Olympia for the Deming levee upstream improvement project? (Council acting as the flood control district board of supervisors) This project reduces risks of flooding of the Mount Baker School District facilities, including the sewage lagoon, bus barn and maintenance facilities, the Nooksack Casino drain field, and other structures in Deming. The original contract was approved at the 12/6/2011 meeting, vote #200, amended at the 4/26/2012 meeting, vote #56 and the 9/11/2012 meeting, vote #152. This amendment brings the total contract to $630,840. The contract expires on 12/31/2017. (AB2016-373) Appointed 7-0

228. Authorize the executive to award the only bid of $123,500 to Dr. Stuart Andrews for physician services at the Whatcom County jail and work center? Dr. Andrews has been the jail physician since 2007. The contract expires on 12/31/2017. (AB2016-374) Appointed 7-0

229. Authorize the executive to sign an $2,500,000 refundable grant agreement with the North Sound Behavioral Health Organization? The North Sound Behavioral Health Organization is a limited liability company, the members are Island, San Juan, Snohomish, Skagit and Whatcom counties. The agreement will provide funding costs associated with Whatcom County’s triage facility expansion project, which provides regional behavioral health treatment services to the participating counties. The agreement expires five years from the date of last signature. (AB2016-375) Appointed 7-0

230. Authorize the executive to sign a $202,831 contract with Northwest Youth Services to improve housing stability and reducing youth homelessness in Whatcom County? Youth Services will provide management services to youth through age 24 experiencing homelessness and receiving services through the Whatcom Homeless Service Center. The contract expires on 12/31/2017. (AB2016-376) Approved 7-0

231. Authorize the executive to sign a $67,850 contract (amendment #2) with Bennett Engineering of Bellingham to monitor closed landfill sites? Monitoring ground water, surface water, and gas emissions at Cedarville and Y-Road landfills is required for compliance with county landfill post-closure plans and federal NPDES permit requirements. This amendment brings the total contract to $134,458, it expires on 12/31/2017. (AB2016-377) Approved 7-0

232. Authorize the executive to sign a three-year $423,500 agreement with the Port of Bellingham and city of Bellingham to continue funding the Small Business Development Center? The financial commitment by the county is $132,500 in 2017, $143,700 in 2018 and $147,300 in 2019. The grand total, including Bellingham, for all three is $847,000. The center is located at Western Washington University. It provides economic development services that include business expansion and retention, start-up assistance, and data and research support. The agreement expires on 12/31/2019. (AB2016-378) Approved 7-0

233. Authorize the executive to sign a two-year $276,000 contact with the Bellingham Food Bank? The two-year contract will provide procuring, warehousing, and distributing food and other essentials to low-income families in Whatcom County. The amount is $138,000 per year, the contract runs from 1/1/2017 through 12/31/2018. (AB2016-380) Approved 7-0

234. Authorize the executive to sign a $371,412 contract with Pioneer Human Services of Seattle to operate permanent supportive housing? The program will provide homeless ex-offenders exiting the Whatcom County Jail and chronically homeless veterans with 37 permanent housing units, case management, and behavioral health services. The contract expires on 12/31/2017. (AB2016-381) Approved 7-0

235. Authorize the executive to sign a $355,500 contract with the Opportunity Council of Bellingham for individuals and families who are experiencing homelessness, or are at risk of homelessness? The contract expires on 12/31/2017. (AB2016-382) Approved 7-0

236. Authorize the executive to sign a $474,203 contract with the Opportunity Council of Bellingham to operate the Homeless Service Center? At the 10/9/2007 meeting, vote #205, the council authorized the executive to accept a $1,396,638 state grant to create and operate a Homeless Service Center. This contract will support the operation of the center, including management of the rental subsidy system, case management services, and referrals to local partner agencies supporting individuals and families  who are experiencing or at risk of homelessness. The contract expires on 6/30/2017. (AB2016-383) Approved 7-0

237. Authorize the executive to sign a $462,871 contract with Compass Health of Everett to provide crises stabilization services for incarcerated adults and juveniles experiencing behavioral health problems? In a recent report, 58 percent of inmates booked into the Whatcom County Jail had received a mental health service within the previous five year period. The contract will also provide post-release behavioral health referrals. It expires on 12/31/2017. (AB2016-384) Approved 6-1, Ken Mann opposed.

238. Authorize the executive to sign a $35,000 contract (amendment #2) with ReSources of Bellingham for waste reduction and recycling education? At the 9/29/2015 meeting, vote #176, the council voted to implement a countywide waste reduction and recycling education program for youth at the elementary, middle, and high school levels. The amendment brings the total contract to $105,000 and it expires on 12/31/2017. (AB2016-385) Approved 7-0

239. Authorize the executive to sign two contracts totaling $404,195 for housing case management in association with the Whatcom Homeless Center? The purpose is to improve housing stability and reduce homelessness in Whatcom County. The Lydia Place of Bellingham contract is for $162,210. The Catholic Community Services of Seattle contract  is for $241,985. Both contracts expire on 12/31/2017. (AB2016-386/2016-387) Approved 7-0

240. Authorize the executive to sign a $50,000 contract (amendment #1) with Sustainable Connections of Bellingham for the commercial waste reduction and recycling education program? At the 5/17/2016 meeting, vote #82, the council approved a program to achieve a 50 percent waste reduction and recycling rate as recommended by the Whatcom County Solid and Hazardous Waste Management Plan and the Commercial Waste Reduction Education and Technical Assistance Program. This amendment brings the total contract to $85,000, it expires on 12/31/2017. (AB2016-388) Approved 7-0

241. Authorize the executive to sign a $17,025 contract with Associated Earth Sciences of Everett for a groundwater modeling project for the Lynden-Everson-Nooksack-Sumas area of Whatcom County? The goal is to develop a model which will adequately assess the impacts to surface water flow from groundwater pumping. The results of the modeling project will be used to inform the development of a water management plan that balances the needs of salmon and other aquatic resources with out-of-stream water needs. The contract expires on 12/31/2017. (AB2016-389) Approved 7-0

242. Authorize the executive to sign a three-year agreement with the city of Bellingham for the joint administration of the Lake Whatcom Homeowner Incentive Program? The program addresses phosphorous pollution in Lake Whatcom. 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 city and the county have jointly administered the program from 2011-2016. The new agreement runs from 1/1/2017 through 12/31/2019. (AB2016-390) Approved 7-0

234. Authorize the executive to sign a $52,465 contract (amendment #1) with SoftResources of Kirkland? This amendment provides continued consulting services to assist with the selection of a software vendor to replace the current permit tracking and data management system. The software will process over 5,000 permit applications per year. The total amended contract is $137,580; it expires on 12/31/2017. (AB2016-391) Approved 7-0

244. Authorize the executive to sign a $773,057 two-year contract with the Whatcom Humane Society to provide animal control and shelter services? The contract includes a 3 percent increase (the last increase was 2009), it will include housing, administering regulations, enforcement, and penalties pursuant to Whatcom County ordinances, statutes, and code. The contract runs from 1/1/2017 through 12/31/2018. (AB2016-392) Approved 7-0

245. Authorize the executive to sign a $120,000 two-year contract with Domestic Violence and Sexual Assault Services? The contract will support the Domestic Violence Commission, which seeks to reduce the prevalence of domestic violence through community partnerships, education, and outreach. The contract runs from 1/1/2017 through 12/31/2018. (AB2016-394) Approved 7-0

246. Authorize the executive to award two bids of $112,784 to Blade Chevrolet of Mt. Vernon for pickup trucks? A lone bid of $33,633 for a double cab 4×4 pickup truck and the lowest responsible bid of $93,155 (Bellingham Nissan bid $79,154, it did not meet the minimum specifications in 10 areas, like powertrain warranty, heavy duty battery, alternator and suspension) for three extended cab 4×4 pickup trucks. The bids will replace three trucks with 104,625 to 137,365 miles. (AB2016-396/2016-397). Approved 7-0

247. Send a letter to the state Legislature? The letter will request that the Legislature amend the Growth Management Act to clarify that counties can rely on Department of Ecology guidance for determining legal water availability as it relates to development and permitting. The letter is in response the 10/6/2016 ruling by the Washington State Supreme Court, Whatcom County v. Hirst, et al., which found that the county had failed to comply with the Growth Management Act’s requirement that the county make an independent decision about legal water availability, specifically as related to the use of permit-exempt wells in closed or seasonally closed basins. (Resolution 2016-050) Approved 7-0

248. Adopt a salary schedule and policies for unrepresented Whatcom County employees? This vote establishes salaries managers, department heads, supervisors, district court judges, court commissioners, and staff. The schedule will be effective 1/1/2017, through 12/31/2017. Included in the adoption are: a 2.25 percent monthly salary increase, the cashing out of all compensatory time earned over the year, changes in language regarding domestic partnership, an increase in the employee payroll deduction for medical coverage, and medical coverage cost-share for employees working less than full time. AB2016-371 (Resolution 2016-051) Approved 7-0

249. Authorize the parks and recreation director to apply for a $149,500 state grant for the Plantation Rifle Range? If approved, the grant will provide partial funding for replacement of the indoor range roof and a heating/ventilation/air conditioning system at the Plantation Rifle Range. AB2016- 372 (Resolution 2016-052) Approved 7-0

250. Adopt interim amendments to the Whatcom County Comprehensive Plan and Whatcom County Code? (Public hearing held.) The amendments apply to buildings and construction; zoning; land division; and health. The amendments include the legal availability of water as a condition of building and residential permit approval and list the manners in which an applicant can meet that condition. AB2016-309A (Ordinance 2016-066) Amended and adopted 5-2, Barbara Brenner1 and Ken Mann opposed.

251. Rescind Ordinance 2016-052? At the 11/22/2016 meeting, vote #212, the council passed Ordinance 2016-052, relating to the levy of taxes for 2017. Ordinance 2016-052 increased property taxes in Whatcom County by 1 percent of the 2016 revenue, adding $285,313 to the general fund in 2017, and $581,092 in 2018. Whatcom County Executive Jack Louws vetoed it. Ordinance 2016-052 was replaced with Ordinance 2016-067, which will not include a property tax increase over 2016 revenues, but will cut a planned financial system evaluation and an operations manager assistant position from the budget to save $227,410. AB2016-343 (Ordinance 2016-067) Adopted 5-2, Carl Weimer and Todd Donovan opposed.

252. Rescind Ordinance 2016-053? At the 11/22/2016 meeting, vote #213, the council passed Ordinance 2016-053, adopting the 2017-2018 budget. Ordinance 2016-053 included a 1 percent property tax increase over 2016 revenues. Whatcom County Executive Jack Louws vetoed Ordinance 2016-053. Ordinance 2016-053 was replaced with Ordinance 2016-068, in which the 2017-2018 budget does not include a property tax increase, but does include cuts of a planned financial system evaluation and an operations manager assistant position, saving $227,410. AB2016-198C (Ordinance 2016-068) Amended and Adopted 5-2, Ken Mann and Barbara Brenner2 opposed.

253. Appropriate $500,000 (amendment #2) for the Birch Bay Drive and Pedestrian Facility Project Fund and project-based budget? The project will include the development of a berm/trail to minimize beach erosion and storm damage, and to promote bicycling and walking. The design phase is 90 percent complete, and land acquisition is 25 percent complete, with all permits submitted. At the 10/25/2016 meeting, vote #190, council added $500,000 in Economic Development Investment Funding. The total estimated project cost is $11,450,000 with $8,278,000 in local funding. This amendment brings the total contract to $2,700,000. AB2016-363 (Ordinance 2016-069) Adopted 7-0

254. Amend the Whatcom County Code for the Surface Mining Advisory Committee? The amendment will change the term of membership for the Surface Mining Advisory Committee from two to four years. Six committee members will have their second term extended by two years. Members of the committee advise Planning and Development services on issues related to mineral resources within the county. AB2016-364 (Ordinance 2016-070) Adopted 7-0

255. Amend the Whatcom County Code for animal control? A fee will be removed from the code for contesting the declaration by animal control that a dog is dangerous. A 2011 Washington Court of Appeals decision (Downey v. Pierce County) found that the requirement that an owner pay a fee to contest the declaration is a violation of their due process rights. AB2016-321 (Ordinance 2016-071) Adopted 7-0

256. Amend the 2016 budget (request #18) in the amount of $598,994? Appropriate: $14,500 to fund the County Clerk; $60,154 to fund the OSS loan program, which assists owners of failing septic systems; $2,500 to fund the hearing examiner; $91,000 to fund the public defender; $61,085 to fund reimbursable overtime increases at the sheriff’s office; $20,390 to fund Operation Stonegarden border security operations by the sheriff’s office; $32,000 to fund Superior Court; $4,200 to fund the WSU Extension; $178,000 to fund the jail; $25,165 to fund adjustments to the 2016 EMS budget; $110,000 to fund additional wage and operations costs for the ferry program. AB2016-365 (Ordinance 2016-072) Adopted 7-0

257. Authorize the Whatcom County sheriff’s office reserve deputies to enroll in the Volunteer Firefighters’ and Reserve Officers’ Relief and Pension Act? It will provide disability coverage and pension plans to volunteer reserve deputies and authorize a buy-back credit for years of service for the pension plan. The buy-back credit would apply to twelve reserve officers and cost an estimated $14,911. AB2016-366 (Ordinance 2016-073) Adopted 7-0

258. Amend the Whatcom County Code for boards, commissions, and committees? The amendment will allow staggered terms when appointing members to boards, commissions, and committees returning from hiatus. The purpose of the amendment is to prevent the terms of all members of a new or newly returning board, commission, or committee from expiring simultaneously. AB2016-350 (Ordinance 2016-074) Adopted 7-0

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