Whatcom County Council

Action Taken at August 4, 2015 Meeting

Compiled by Barry MacHale

Shall the council:

146. Appoint ten individuals to the Incarceration Prevention and Reduction Task Force? Four year terms: Stephen Gockley, Chris Phillips, Heidi Robbins, Jill Bernstein, Dave Finet and Jack Hovenier. Two year terms: Byron Manering, Moonwater, Susan Gribbon and Irene Morgan. (AB2015-047O)

147. Authorize the executive to sign seven contracts — totaling $677,500 — with county school districts for behavioral health services? The contracts are with: the Meridian School District for $90,000; the Nooksack Valley School District for $100,000; the Blaine School District for $90,000; the Mount Baker School District for $90,000; the Bellingham School District for $115,000; the Ferndale School District for $100,000; and the Lynden School District for $92,500. The services target students experiencing mental health and substance abuse issues. The one-year contracts expire on 8/31/2016. (AB2015-240/241/242/243/244/245/246) Approved 6-0, Ken Mann absent.

148. Approve two citizen appeals to a road naming requirement? The Whatcom County code requires roads that serve five or more lots to have a name. Two undeveloped lots were added to four developed lots at the Clemensen Short Plat Subdivision on an un-named road off Samish Way. This triggers code requirements that the road be named. The residents appealed naming the road because they didn’t want to change their addresses from Samish Way. (AB2015-248) Approved 6-0, Ken Mann absent.

149. Approve three open space applications? (Public hearing held) The law gives property tax relief to open space designations and decreases conversion to non-rural use. If the property is removed from the open space designation it is subject to an additional tax that equal to the difference between the tax paid on the current use value and tax would have been paid on that land had it not been classified. The additional tax is payable for the last seven years, plus interest. Open Space Land: Neila and Shiraz Balolia, 47.04 acres. Sara L. Purviance, 5.59 acres. Bar Rental LLC, 7.89 acres. Amendment language addresses changes in the Public Benefit Rating and the location of open space signage requirements for the Balolia property, located adjacent to Lake Whatcom. AB2015-233 (Resolution 2015-026) Amended and approved 6-0, Ken Mann absent.

150. Set September 15 as the public hearing date to authorize the sale of surplus property? The surplus property consists of objects which are too costly to repair or are outdated. The surplus property includes: 18 Ford, Chevrolet and Dodge trucks, three vans, four sheriff department vehicles, four mowers and mower parts, four trailers, three fuel tanks, one tractor, and one forklift. AB2015-237 (Resolution 2015-027) Approved with substitute list 6-0, Ken Mann absent.

151. Adopt the updated Whatcom County Multi-Jurisdictional Natural Hazards Mitigation Plan? (Council acting as the flood control district board of supervisors) Adoption of the plan is necessary for the flood control district to receive emergency funding in presidentially-declared disasters. The mitigation plan that was first approved at the 5/24/2005 meeting, vote #107, but was only adopted by the council and not the flood control district, therefore the district was not eligible for federal funding following the 2009 flood. At the 9/27/2011 meeting, vote #159, the council acting as the flood control district updated the plan. AB2015-235 (Resolution 2015-028) Approved 6-0, Ken Mann absent.

152. Adopt the updated Whatcom County Multi-jurisdictional Natural Hazards Mitigation Plan? A separate vote by the County Council is necessary for Whatcom County to receive emergency funding in presidentially-declared disasters. This update address flood-related issues on the Nooksack River. AB2015-235A (Resolution 2015-029) Approved 6-0, Ken Mann absent.

153. Amend ferry rates and the Unified Fee Schedule? (Public hearing held) The ferry rate amendment pertains to vehicle class designations and passenger fare calculations. It also aligns code language with the 2011 tidelands lease agreement between Whatcom County and the Lummi Nation. The Unified Fee Schedule lists fees charged by the county to provide services such as building permits, parking, filing and licensing, animal control and charges for park equipment and facilities. The fees shall not exceed reimbursement costs to the providing department, and the executive may add or adjust fees with sufficient justification. AB2014-426B (Ordinance 2015-034) Adopted 6-0, Ken Mann absent.

154. Amend the 2015 Whatcom County budget (request #9) in the amount of $67,710? Appropriate: $4,710 to fund Wildlife Advisory Committee staff; and $63,000 to fund heating, ventilation, and air conditioning upgrades at the East Whatcom Regional Resource Center in order to meet LEED energy efficiency goals. AB2015-232 (Ordinance 2015-035) Adopted 6-0, Ken Mann absent.

155. Appropriate $62,099 (amendment #6) for the East Whatcom Regional Resource Center project budget? The center provides economic development, family support, and health services that benefit low- and moderate-income persons in the Kendall area, a growing but isolated population of the county. The funds will be used to complete upgrades to the heating, ventilation, and air conditioning systems to meet LEED energy efficiency certification requirements. This amendment brings the total amended project budget to $5,047,571. AB2015-234 (Ordinance 2015-036) Adopted 6-0, Ken Mann absent.

156. Amend the Incarceration Prevention and Reduction Task Force? The task force was created at the 6/9/2015 meeting, vote #108, to provide recommendations, oversight, and timeframes for the enhancement of existing — and development of new — programs targeted toward reducing incarceration of people with mental illness and/or chemical dependency, in addition reducing incarceration of pretrial defendants who can safely be released. Amendment language addresses: enhancements of existing services, the expansion of existing services, and the negotiation of interlocal agreements for the provision of existing services to cities within the county. AB2015-047P (Ordinance 2015-037) Amended and adopted 6-0, Ken Mann absent.

Action Taken at September 15, 2015 Meeting

Shall the council:

157. Authorize the executive to negotiate a contract with Amorterra, LLC of Bellingham? (Council acting as the flood control district board of supervisors) The Birch Bay Central North Subwatershed Master Plan identified the Seaview Drive neighborhood as an area at risk of flooding due to inadequate stormwater infrastructure. Amorterra, LLC will provide construction support services and engineering oversight for the Seaview Drive Drainage Improvement Project. The contract is in the amount of $34,550 and expires on 6/30/2015. (AB2015-256) Approved 7-0

158. Authorize the executive to award the low bid of $190,617 to Colacurcio Brothers of Blaine? (Council acting as the flood control district board of supervisors) The Birch Bay Central North Subwatershed Master Plan identified the Seaview Drive neighborhood as an area at risk of flooding due to inadequate stormwater infrastructure. Colacurcio Brothers, Inc. will provide replacement and upsizing of the drainage system, connection of that system to a newly installed water treatment swale and installation of an emergency overflow mechanism in the event of extreme rainfall. The engineer’s estimate was $290,910. The total cost of the project is $295,617. The cost of this project is subject to a supplemental budget request scheduled for council vote on 9/29/2015. (AB 2015-257) Approved 7-0

159. Authorize the executive to sign an agreement with the state of Washington for the Washington Conservation Corps? (Council acting as the flood control district board of supervisors). The six-person crew will implement and maintain watershed restoration and stormwater projects, as well as assisting in water quality monitoring. The total cost is $195,000, with the state providing $79,790, the county $70,000, and the Nooksack Salmon Enhancement Association $45,210 under a separate agreement. The agreement runs from 10/5/2015 to 9/18/2016. (AB2015-258) Approved 7-0

160. Authorize the executive to sign an agreement with the city of Bellingham for managing the aquatic invasive species program? (Council acting as the flood control district board of supervisors) The agreement would provide for management and operation of the joint city-county aquatic invasive species boat inspection program and public outreach program at Lakes Whatcom and Samish, in an amount not to exceed $95,000. The 2014 agreement approved at the 5/14/2014 meeting, vote #49, cost the county $70,000. The contract runs from 4/1/2015 to 12/31/2015. (AB2015-259) Approved 6-1, Barbara Brenner1 opposed.

161. Authorize the executive to award the only bid of $136,207 to Mt. Baker Roofing to replace the roofs on Hovander House, Tennant Lake Interpretive Center, and a drying shed? (AB2015-262) Approved 7-0

162. Authorize the executive to purchase radios and related accessories? A Washington State Contract will be used to purchase the equipment in 2015 from Motorola, Inc., Redmond and have it installed by Northwest Communications & Cellular, Bellingham on an as-needed basis, not to exceed $100,000. (AB2015-263) Approved 7-0

163. Authorize the executive to accept a $175,000 grant from Thrive by Five Washington to implement the Nurse-Family Partnership program? This is the fourth year of a program that supports low income first time mothers with risk factors such as ethnicity, geographic isolation, depression, and substance abuse. The home visitors support young families through first two years of child’s life. During the 2014-2015 grant period visiting nurses made over 710 home visits to 53 families. The county’s match for the grant is $100,000. The grant runs from 7/1/2015 through 6/30/2016. Thrive by Five is an organization funded by the state of Washington (Early Learning Fund) and the Bill and Melinda Gates Foundation. (AB2015-264) Approved 7-0

164. Approve the 2015-2016 Collective Bargaining Agreement with the Washington State Nurses Association? The agreement covers 11 public health nurses and nurse supervisors. It provides for a 5 percent increase for each salary step beginning with the first full pay period of 2016, and a county contribution of $1,090 to the group insurance plan for years 2015-2016. The contract is effective from 7/21/2015 to 12/31/2016. (AB2015-266) Approved 7-0

165. Authorize the executive to sign a $250,000 agreement with the city of Bellingham for maintenance of stormwater facilities within the National Pollutant Discharge Elimination System boundary? The agreement allows Whatcom County to achieve permit compliance by merging resources with city of Bellingham for shared priorities such as stormwater maintenance protocols, infrastructure management and data collection and analysis. The agreement will cost the county $250,000 annually and expires on 12/31/2016, with the option of five two-year extensions. (AB2015-268) Approved 7-0

166. Approve the closure of Douglas Road between Lake Terrell Road and Elder Road for the installation of a concrete vault? The closure between September 16-25 is necessary to allow the replacement of a transmission line water valve. At the 6/23/2015 meeting, vote #116, the council approved an earlier closure request by Stremler Gravel, but delays in material acquisition require a later closure date. (AB2015-272) Approved 7-0

167. Authorize the sale of Whatcom County surplus property? (Public hearing held) The surplus property consists of objects that are too costly to repair or are outdated. The property includes: 18 Ford, Chevrolet, and Dodge trucks, three vans, four sheriff department vehicles, four mowers and mower parts, four trailers, three fuel tanks, one tractor, and one forklift. AB2015-237A (Resolution 2015-030) Approved 7-0

168. Authorize the executive to award the low bid of $75,820 to Carlson Construction of Mount Vernon for the Lummi Island ferry terminal project? The project is replacing deteriorated wooden dolphins with steel pile-supported dolphins. A dolphin is a marine structure that extends above the water level and is not connected to shore. Mooring dolphins can cushion ship impacts, somewhat similar to fenders on an automobile. This contract will consist of driving three steel piles to support timber dolphins that were recently damaged. The engineer’s estimate was $92,768. The work was advertised and four bids were received. AB2015-269 (Resolution 2015-031) Approved 7-0

169. Adopt the recommendations of the Purchase of Development Rights oversight committee for three applications and authorize the executive to proceed with the acquisition process? The Purchase of Development Rights program began in 2002 with the intent of protecting Whatcom County farmland by using agricultural conservation easements that pay farmers fair market value to limit residential development, with farming continuing on the covered land. The program is funded by one-to-one matching grants by various Washington State agencies. As of 2015, the total cost of program transactions has been $5,809,121, with Whatcom County’s share being $3,149,021, resulting in 826.38 acres of county farmland being preserved. The substitute authorizes the Oversight Committee and administrator to proceed with title search and appraisal services. AB2015-255 (Resolution 2015-032) Substitute approved 7-0

170. Adopt special circumstances to the fireworks ordinance? (Public hearing held) This amendment will allow the county to prohibit the discharge of private fireworks during emergency conditions. The ordinance will permit the county executive, in consert with the fire marshal and sheriff to make a determination of special circumstances. The ordinance was passed because numerous fires were started by fireworks in Washington State and southern British Columbia and no one, including the governor, had the authority to prohibit the discharge. AB2015-218 (Ordinance 2015-038) Adopted 7-0