Whatcom County Council

Compiled by Barry MacHale

Action Taken at September 29, 2015 Meeting

Shall the council:
171. Approve a $15,000 contract (amendment #9) with Van Ness Feldman, GordonDerr of Seattle for legal representation in a Growth Management Hearings Board case? The law firm is representing the county in the various stages of its legal defense of Ordinance No. 2012-032 before the Growth Management Hearings Board. The firm will offer additional preparation assistance to the county on an as-needed basis. The original contract was approved at the 12/4/2012 meeting, vote #222. This amendment brings the total contract to $175,000; it expires on 12/14/2015. (AB2014-136D) Approved 7-0

172. Authorize the executive to accept a $286,853 state grant for substance abuse prevention services? The state requires the county to form a community-based advisory group to determine substance abuse prevention needs, plan, and implement services to prevent the misuse and abuse of alcohol, marijuana, tobacco, and other drugs by youth. The two-year contract expires 6/30/2017. (AB2015-281) Approved 7-0

173. Authorize the executive to accept a $964,115 state grant for substance abuse treatment and outreach services? The nine-month contract runs from from 7/1/2015 to 3/31/2016, after which the regional Behavioral Health Organization will provide the services.(AB2015-282) Approved 7-0

174. Approve the 2015-2016 collective bargaining agreement with the International Organization of Masters, Mates, and Pilots and the Inland Boatmen’s Union of the Pacific? The agreement covers eight deckhands and three masters. The agreement includes: a 3.9 and 5 percent wage increase for union members, respectively; a monthly county contribution of $1,089 for employee health plans, with an employee cap of $85; longevity and holiday pay; and reimbursement up to $150 over three years for employee purchase of inclement weather gear. The agreement begins on 9/29/2015 and expires on 12/31/2016. (AB2015-285) Approved 7-0

175. Authorize the executive to award the lowest responsive bid of $531,929 to Reisner Distributor of Lynden for the annual supply of fuel? Although the lowest bid was $517,180 from Associated Petroleum Products, Reisner Distributor of Lynden was recommended because they could deliver fuel quicker than the other respondent, within 24 hours of receipt of order. The fuel provided includes biodiesel, diesel, and unleaded fuel for the Central Shop, the Lummi Ferry, and Silver Lake Park. The contract includes the option of extending service with up to three one-year renewals. The price is subject to change due to market fluctuations and the actual amount of fuel used by the county. The annual supply of fuel was advertised and two bids were received. Fuel expenditures in 2014 were $743,849. (AB2015-289) Approved 7-0

176. Authorize the executive to sign a $35,000 contract with RE Sources of Bellingham for a waste reduction and recycling eduction program? RE Sources will design and implement a countywide education program at the elementary, middle, and high school levels. The focus is on waste prevention, recycling, composting, household hazardous waste, and proper waste disposal. The one-year contract expires on 8/30/2016. (AB2015-290) Approved 7-0

177. Approve the six-year (2016–2021) transportation improvement program? (Public hearing held) State law requires counties to update their transportation plans yearly. The program establishes a list of needed capital improvements and eligibility for state and federal funds, and sets the rate for impact fees. The 14-year (2016–2029) Ferry Capital Program is also approved. AB2015-271 (Resolution 2015-033) Approved 6-1, Barbara Brenner1 opposed.

178. Appoint a director and two alternate directors to the board of directors of the Washington Counties Risk Pool? The risk pool provides member counties with programs of self-insurance, claims handling, risk management, and administrative services. The director is the human resources manager. One alternate director is the prosecutor-designated civil deputy and the other alternate director is the associate manager of  human resources. AB2015-291 (Resolution 2015-034) Substitute approved 7-0

179. Order the cancellation of uncashed checks issued between 7/1/2012 and 6/30/2013? There are 554 uncashed jail inmate trust fund checks totaling $2,680. Eight checks are for amounts above $50 for a total of $829. The money will be transferred to the state of Washington as abandoned property where it will be available to the payee indefinitely. AB2015-251 (Resolution 2015-035) Approved 7-0

180. Amend the 2015 flood control district budget (request #3) in the amount of $340,000? (Council acting as the flood control district board of supervisors) Appropriate: $40,000 for the final design phase of the Semiahmoo Drive drainage system repair project at Birch Point; $300,000 for stormwater improvements for Seaview Drive. AB2015-277 (Resolution 2015-036) Approved 7-0

181. Request the executive continue to negotiate with the city of Bellingham on a new long term Jail Facility Use Agreement while the voters consider a jail tax? The substitute addresses grammatical errors contained in the original agenda bill. AB2015-278 (Resolution 2015-037) Substitute approved 6-1, Ken Mann opposed.

182. Establish a reduced speed limit on a portion of Samish Way? (Public hearing held) The speed limit is reduced from 50 to 35 miles per hour from 500 feet east of Galbraith Lane to the Bellingham city limits. The reduction is a safety measure in response to an increase in bicycle and vehicle traffic at the Lookout Mountain trailhead located on Samish Way. AB2015-274 (Ordinance 2015-039) Adopted 7-0

183. Establish parking restriction on a portion of Samish Way? (Public hearing held) Parking on the north side of Samish way is restricted from 500 feet east and 500 feet west on either side of Galbraith Lane. The restrictions are a safety measure in response to an increase in bicycle and vehicle traffic at the Lookout Mountain trailhead located on Samish Way. AB2015-275 (Ordinance 2015-040) Adopted 7-0

184. Amend the 2015 budget (request #10) in the amount of $165,635? Appropriate: $15,000 for outside legal counsel for the County Council pertaining to Growth Management Hearings Board cases; $46,200 for emergency services provided by What-Comm E911; $65,000 for housing services for homeless individuals experiencing mental illness and/or youth with serious emotional disturbance; $39,435 for a full-time Human Services supervisor position to address a substantial caseload increase. AB2015-276 (Ordinance 2015-041) Adopted 7-0

Action Taken at October 6, 2015 Meeting

Shall the council:
185. Commit Whatcom County to adopting a “healthy planning” approach? (Council acting as the board of health) A “healthy planning” approach involves inclusion of health criteria in the development and adoption of community plans and policy. The Whatcom County Public Health Advisory Board, working with the Whatcom County Health Department and other city and county departments, will identify and recommend tools, processes, and opportunities to integrate a health perspective in community planning processes and decision-making. (Resolution 2015-038) AB2015-310 Approved 6-0, Pete Kremen absent.

Action Taken at October 13, 2015 Meeting

Shall the council:
186. Appoint seven members with technical expertise to the Wildlife Advisory Committee? The council created the Wildlife Advisory Committee at the 7/7/2015 meeting, vote #131. The committee will have eleven members, with seven required to have technical expertise in wildlife and habitat management. The committee will terminate on 6/31/2016. (AB2015-175A) Appointed: Barry Wenger, Vikki Jackson, John McLaughlin, Frank Bob, Fenner Yarborough, Joel Ingram and Michael P. Williams.

187. Approve the recommendation of the Economic Development Investment Board for a $3 million grant/loan to the Port of Bellingham? The $1 million grant and a $2 million loan will support the expansion project of All American Marine, a port tenant since 2002. The company has outgrown the 20,000 square foot Warehouse #9 manufacturing building. This grant/loan will help pay for demolition of Warehouse #9 and  site preparation and the construction of a new 39,000 square foot building.The expansion will allow All American Marine  to add 27 jobs to its current roster of 43 employees. The grant/loan will be paid back over 20 years. (AB2015-286) Approved 4-0, Pete Kremen, Satpal Sidhu and Carl Weimer absent.

188. Authorize the executive to accept a $144,900 state grant to replace the HVAC system at the Plantation Rifle Range? The grant funding will cover approximately 50 percent of the total cost of $289,900 to replace the heating, ventilating, and air conditioning system at the indoor shooting range. The contract begins on 9/1/2015 and expires 12/31/2016. (AB2015-298) Approved 4-0, Pete Kremen, Satpal Sidhu and Carl Weimer absent.

189. Authorize the executive to accept a $177,500 federal grant to fund Purchase of Development Rights easements? The Purchase of Development Rights program acquires conservation easements to protect farms from conversion to non-agricultural uses. The grant will fund approximately 50 percent of the easements on the Grubbs and Justin/Constance Williams properties. The expiration date is 8/31/2019. (AB2015-300) Approved 4-0, Pete Kremen, Satpal Sidhu and Carl Weimer absent.

190. Authorize the executive to accept a $200,000 grant from the Whatcom Community Foundation? The grant will provide matching funds for Whatcom County conservation easements to protect farms from conversion to non-agricultural uses from the 2014-2015 list of applicants. The matching grant expires 12/31/2016 (AB2015-301) Approved 4-0, Pete Kremen, Satpal Sidhu and Carl Weimer absent.

191. Appropriate $300,000 for the East Whatcom Regional Resource Center? At the 5/26/2015 meeting, vote #90, the council authorized the executive to apply for a state grant in the amount of $750,000 to partially fund the construction of a multi-use building expansion at the East Whatcom Regional Resource Center. The county has been notified it was awarded the grant. The total cost of the project is $1,550,000, with the county providing $300,000 in matching funds required by the state. AB2015-307 (Resolution 2015-039) Approved 4-0, Pete Kremen, Satpal Sidhu and Carl Weimer absent.

192. Consider a petition to vacate a portion of an unnamed alley within the Birch Bay West End Estates plat? On 4/2/2015, Brian Southwick and Linda Kiens submitted a petition for the vacation of a portion of an unnamed alley in exchange for a new alignment of equal value. The county engineer will investigate and report to the council on the proposed vacation, so that a public hearing can be held upon the matter. Additionally, the county is requiring a surety bond in the sum of $790. AB2015-304 (Resolution 2015-040) Approved 4-0, Pete Kremen, Satpal Sidhu and Carl Weimer absent.    Action Taken at October 27, 2015 Meeting

Satpal Sidhu was only present for the public hearing, vote #201. He left the meeting feeling ill.

Action Taken at October 27, 2015 Meeting

Shall the council:
193. Approve two one-year extensions for final approval of the Monterey Heights long subdivision and planned unit development? At the 3/16/2010 meeting, vote #45, the County Council adopted the Whatcom County Hearing Examiner’s recommendation and approved the Monterey Heights subdivision and planned unit development. Mayflower Equities of New York is requesting two one-year extensions for a long subdivision and planned unit development on 31 acres in the Birch Bay urban growth area, located at the intersection of Selder Road and Birch Point Road. Applicant plans to create 51 single-family residential lots and six tracts. Applicant failed to submit phase one as required within the five years of preliminary approval, and has requested an extension. (AB2015-122) Approved 6-0, Satpal Sidhu absent.

194. Fill four vacancies on the Wildlife Advisory Committee? The council created the Wildlife Advisory Committee at the 7/7/2015 meeting, vote #131. The committee will have 11 members, seven of whom will have expertise in wildlife and habitat management. At the 10/13/2015 meeting, vote #186, seven members with wildlife and habitat management expertise were appointed. The committee will terminate on 6/31/2016. (AB2015-175A) Appointed: Christopher Kazimer, Paul Woodcock, Guy Occhiogrossa and Wendy Harris.

195. Authorize the executive to sign an amended agreement with the Whatcom County Flood Control Zone District and subzones for district operations and administration? (Council acting as the flood control district board of supervisors) The agreement clarifies that the flood control district will adopt budgets annually, as required by state law. (AB2015-311) Approved 6-0, Satpal Sidhu absent.

196. Authorize the executive to sign a $112,600 contract (amendment #7) with FHB Consulting for the agricultural-watershed pilot project? At the 3/27/2012 meeting, vote #52, the County Council authorized the executive to accept a state grant for watershed protection and restoration. At the 6/19/2012 meeting, vote #109, the council authorized a contract with FHB Consulting for services related to phase one of the agricultural-watershed pilot project. This amendment increases the scope of FHB’s consulting tasks, and directs remaining grant funds to the following additional tasks: 1) $60,200 for the development of a policy framework and procedures for governing and mitigating the conversion of agricultural lands, and 2) $52,400 for watershed characterization and mapping. This amendment brings the total contract to $346,119; it expires on 6/30/2016. (AB2015-312) Approved 6-0, Satpal Sidhu absent.

197. Authorize the executive to sign a $137,157 contract with Herrera Environmental Consultants of Seattle? The contract will update the capital projects section of the the Lake Whatcom Comprehensive Stormwater Plan. The council adopted the stormwater plan at the 5/6/2008 meeting, vote #93; the primary goal of the plan is to identify projects that would reduce pollution in Lake Whatcom. The scope of this contract includes identifying and prioritizing capital improvement projects, development of a Sudden Valley sub-watershed master plan, and facilitation of public meetings. The contract expires on 6/30/2017. (AB2015-313) Approved 6-0, Satpal Sidhu absent.

198. Authorize the executive to award the low bid of $91,842 to Hillco Contracting of Bellingham for HVAC upgrades? At the 12/9/2008 meeting, vote #243, the County Council approved the initial design and construction of the the East Whatcom Regional Resource Center. The work was advertised and two bids were received. (AB2015-314) Approved 6-0, Satpal Sidhu absent.

199. Authorize the executive to spend $97,329 to purchase three Ford F150 half-ton pickup trucks? On 9/15/2015, a low bid for the three trucks was awarded to Northside Ford of Portland, OR. Neither the low bidder nor the other bidder, Blade Chevrolet of Mount Vernon, was able to supply the vehicles, so they will be purchased from Corwin Ford of Pasco using Washington State Contract #03813. (AB2015-315) Approved 6-0, Satpal Sidhu absent.

200. Authorize the executive to sign a contract not to exceed $150,000 with the Whatcom Alliance for Health Advancement to support the Incarceration Prevention and Reduction Task Force? At the 6/9/2015 meeting, vote #108, the County Council created the task force to provide recommendations to reduce the incarceration of individuals with mental illness and/or chemical dependency by providing alternatives to incarceration. Under the contract, the Alliance will provide facilitation services to support the task force. The contract will expire on 12/31/2016. (AB2015-316) Approved 6-0, Satpal Sidhu absent.

201. Approve the sale of an access easement over Whatcom County-owned property? (Public hearing held) Applicants Brian Kerkvliet and Alexandra King request access to their property across “Abel Pit,” county-owned property. Since the 1970s a paved road from East Laurel Road across “Abel Pit” has allowed access to the Kerkvliet/King property. Applicants desire to have legal access to this paved road. The applicants will be required to compensate Whatcom County $934 for the access easement, as appraised. AB2015-309 (Resolution 2015-041) Approved with substitute pages 7-0.

202. Request the executive develop spreadsheet models to make it easier for the Whatcom County Council, the city of Bellingham, and other interested parties to understand the impacts of the various proposals related to a new long term jail facility use agreement? The County Council desires fiscal impact models so that it can evaluate the city of Bellingham’s proposal(s), in addition to giving consideration to the concerns of other stakeholders within Whatcom County related to the proposed jail project. The County Council requests that the executive work with county staff and city of Bellingham to develop a current jail utilization model, a jail financing model, and a proposed new jail size model. AB2015-295 (Resolution 2015-042) Approved 4-2 with Barbara Brenner2 and Pete Kremen opposed, Satpal Sidhu absent.

203. Establish regular Whatcom County Council meeting dates for 2016? The Whatcom County Charter requires the council to meet 22 times a year. Meetings are scheduled for: January 12 and 6, February 9 and 23, March 8 and 22, April 5 and 19, May 3, 17, and 31, June 14 and 28, July 12 and 26, August 9, September 13 and 27, October 11 and 25, November 9 (Wednesday) and 22, and December 6. AB2015-320 (Resolution 2015-043) Approved 5-1 with Barbara Brenner3 opposed, Satpal Sidhu absent.

204. Amend the 2015 budget (request #11) in the amount of $208,657? Appropriate: $127,600 to fund agricultural and watershed protection projects; $38,000 for the sheriff’s office to fund antenna installation and upgrades by Verizon; $14,655 for the sheriff’s office to replace 17 ballistic vests; $28,402 to improve communication between the jail and the Courthouse. AB2015-308 (Ordinance 2015-042) Adopted 6-0, Satpal Sidhu absent.