Whatcom County Council

Shall the council:

90. Authorize the executive director to sign a $961,703 contract with CH2M HILL of Englewood, CO, for an environmental scoping report (Phase 1) on the Gateway Pacific Terminals and Custer spur projects? The terminal project would be located on 1,092 acres at Cherry Point; a pier would be constructed to send commodities like coal, grain, potash to Asian markets. The U.S. Army Corps of Engineers, Washington State Department of Ecology will provide consulting services to ensure compliance with the National Environmental Policy Action the the State Environmental Policy Act for both the Gateway Pacific Terminals project and the BNSF Railway Custer spur project. It is necessary to ensure there are no conflict of interest when evaluating permitted activities to construct the terminal and expand railroad facilities and to maintain public faith in the integrity of the process. The contractor CH2M Hill was selected by the county. This vote also authorizes the executive director to sign contracts with Pacific International Terminals and BNSF Railway Company to fund Phase 1. The period for public comment is amended from 60 days to 120 days. The contract expires on 11/30/2012; it is automatically extended for six months if phase I is not completed by that date. (AB2012-068B) Amended and approved 7-0

91. Approve an amended memorandum of agreement regarding preparation of a vessel traffic study required by Gateway Pacific Terminal settlement agreement? In 1992, Pacific International Terminal applied for a permit to develop a marine terminal at Cherry Point, a deep water wharf with upland commodity storage. The county issued a Shoreline Development Permit, it was challenged by five conservation groups and later joined by two state agencies resulting in a more stringent agreement in l999. It has now been amended to retain the Glosten Associates Inc. to perform the vessel traffic analysis in conformance with the scope of work document. Nothing in this memorandum is a concession to changes in the project proposal, including increase in vessel volume and inclusion of coal as an export. (AB2012-179) Approved 7-0

92. Authorize the executive to sign a land license with Rob Rienstra of Backyard Bees to allow access onto county property for placement and servicing of beehives? Access to be on l,000 square feet of property known as Laurel Pit and F34 Pit beginning 9/10/2012 to 9/10/2015. License payment waived due to benefits to local agriculture. (AB2012-181) Approved 7-0

93. Authorize the executive to accept a $70,000 amended state grant for administration and operations of the Whatcom County Marine Resources Committee? The Northwest Straits Project grant funds an existing position. It funds support with meeting coordination, website maintenance, contract administration and work with the Northwest Straits Initiative on an Olympic oyster reintroduction project. The amendment bring the total grant to $106,000 and is extended to 6/30/2013. (AB2012-183) Approved 7-0

94. Authorize the executive to sign a $499,350 loan and grant with the city of Everson for Phase 3 of the Mission Road improvement project? The Economic Development Investment Board loan of $249,674 and a grant of $249,675 will partially fund aproject to widen 2,100 feet of Mission Road, extend water and sewer services, install curb and gutters on both sides and sidewalks on the west side to link south Everson to the downtown commercial district. The loan repayment of $263,612 in principal and interest is due by 12/31/2022. (AB2012-185) Approved 7-0

95. Join with the City of Bellingham in recommending the creation of an EMS Oversight Board and a Technical Advisory Board for administering a single unified county wide emergency medical service? (Special presentation by the Whatcom County executive and the mayor of Bellingham) The Whatcom County Council at the 12/7/2010 meeting, vote #232, voted to discontinue the Emergency Medical Services agreement and that the county move to renegotiate the agreement with the goal of a single unified county-wide EMS system and a centralized administrative plan. The new plan developed by the EMS Policy Committee establishes a nine-member oversight board for administration and management, board members would be from cities, county, fire commissioner and citizen representatives. The Technical Advisory Board will assist with planning and delivery of advanced life support service and will consist of members of the fire and medical services community. The goal for completing contracts and board appointments will be 1/1/2013 with full implementation no later than 1/l/2014. Until such time, the existing 2007 EMS agreement between Bellingham and the County remains. AB2012-191 (Resolution 2012-016) Approved 7-0

96. Authorize the executive to award the low bid of $463,720 to Whatcom Builders of Bellingham for the Hannegan Road structural overlay? The paving is from Scott Ditch Bridge to the city limits of Lynden, approximately 1.51 miles. The total cost of the project, including preliminary/construction engineering, testing and contingency fee is $533,720. The work was advertised and two bids were received. AB2012-186 (Resolution 2012-017) Approved 7-0

97. Amend county road project #912002? This amendment will increase funding to the Hannegan Road project from the estimated amount of $440,000 to the final amount of $533,720. See the previous vote for additional information on the Hannegan Road project. The 2012 annual road construction program was adopted at the 10/11/2011 meeting, vote #166 and this project was listed as #10. It was listed as #9 on the 2012-2017 six year transportation improvement program. AB2012-186 (Resolution 2012-017) Approved 7-0

Shall the council:

98. Fill one vacancy on the Whatcom County Planning Commission? Craig Parkinson, Marlin Hendricks, Ben Elenbaas and Shane Roth applied for the District 2 vacancy. No applicant received a majority of votes in the first round. In the second round, Ben Elenbaas received four votes and was appointed to a partial term ending on 1/31/2013. He owns and operates a farm with beef cattle, hogs and chickens and has worked at the BP Cherry Point Refinery since 2001. (AB2011-389)

99. Authorize the executive to sign an $1 million agreement with the flood control district to fund the Deming levee improvement project? (Council acting as the flood control district board of supervisors) The Mt Baker School District wastewater treatment facility and Nooksack Tribes sewage facility are at risk of damage and current levee needs upstream improvement for their protection. (AB2012-206) Approved 6-0, Bill Knutzen absent.

100. Approve the executive’s recommendation to deny a request by Diking District #2 for reimbursement of permit fees for levee work? During a flood in December of 2007, Diking District #3 asked the U.S. Army Corps of Engineers for emergency assistance to extend bank protection at both ends of the Sande-Williams levee. The diking district requested a reimbursement of $2,902. The administration listed three reasons for denying the request including: future liability by the flood control district because of questions about the permitting process and the district acted independently when it initiated the emergency work in 2007. (AB2012-207) Approved 5-1, Barbara Brenner1 opposed and Bill Knutzen absent.

101. Authorize the executive to commit $550,000 in funding to Community Catholic Housing in support of their application with the state of Washington for Land Acquisition Program funding? A 42-unit complex will be constructed on a vacant lot at the corner of East Maple Street and Cornwall Avenue, Catholic Community Services also owns adjacent property. Twenty units in the complex will be for people with substance abuse, mental illness, HIV/AIDS, homeless and low-income residents. The cost of the project is approximately $9 million. The ground floor will have office space for social service providers. If funding is approved, a vote to approve spending the money will be required. (AB2012-208) Approved 5-1, Barbara Brenner2 opposed and Bill Knutzen absent.

102. Update the public participation plan? At the 7/26/2011 meeting, vote #109, the council approved the plan. The Growth Management Act requires counties to develop public participation programs for comprehensive plan and development amendments for zoning and critical areas ordinance changes. The updated changes include: 2012 docket, urban growth area review and mineral resource lands review. (AB2012-222) Approved 6-0, Bill Knutzen absent.

103 Authorize the executive to sign a $228,780 contract with Sun Community Services for emergency housing and supportive services for people with mental illness? Sun Community will operates a shelter of nine beds staffed 24 hours per day, providing evening meals and for individuals with mental illness who are homeless, leaving jail or mental health institutions It will help with housing, medication and transportation for up to 90 days. (AB2012-215) Approved 6-0, Bill Knutzen absent.

104. Authorize the executive to accept a $25,000 state grant (amendment #1) for the treatment and monitoring of flowering rush in Silver Lake at Maple Falls? This amendment covers the continuing work to eradicate this Class “A” noxious weed and to provide public education. plant displaces native vegetation, interferes with boating and swimming and is believed to be part of the life cycle of the parasite causing “swimmer’s itch.” The Maple Falls infestation is one of two known locations in Washington State. This amendment brings the total contract to $80,000. (AB2012-216) Approved 6-0, Bill Knutzen absent.

105. Authorize the executive to award the low bid of $392,660 to Len Honcoop Gravel of Lynden to improve the west tributary of Silver Beach Creek? The project will improve water quality and habitat in the tributary that drains into Lake Whatcom. The improvements will treat stormwater, promote infiltration, slow velocity to reduce sediment transport,stabilize banks and improve habitat. Construction will be completed by 10/l/2012. The work was advertised and three bids were received. (AB2012-217) Approved 6-0, Bill Knutzen absent.

106. Authorize the executive to award the low bid of $416,789 to Colacurcio Brothers of Blaine to replace a culvert on Bay Road near Custer? Whatcom County was awarded a federal grant of $470,000 for the fish passable culvert. The low bid was $90,005 below the county engineers estimate to replace the culvert. The total cost of the project, including right of way acquisition, /construction engineering, testing and contingency fee is $559,954. The county’s share of the project is $91,307. The work was advertised and eight bids were received. (AB2012-218) Approved 6-0, Bill Knutzen absent.

107. Amend county road project #908012? This amendment will increase funding to the Bay Road culvert replacement project, the original funding was estimated at $548,954. See previous vote for additional information on the Bay Road project. The project is #8 on the 2012 annual road construction program was adopted at the 10/11/2011 meeting, vote #166. AB2012-218 (Resolution 2012-018) Approved 6-0, Bill Knutzen absent.

108. Authorize the executive to award the low bid of $167,337 to Blue Water Contracting of Everson to install an alternative leachate management system at the Cedarville landfill? Construction of a settling pond with aeration and filtration components will eliminate the need to transport leachate to the City of Ferndale for treatment. The total cost of the project, including engineering, treatability studies, detailed engineering, design, permitting and construction is $262,237. The work was advertised and five bids were received. (AB2012-219)Approved 6-0, Bill Knutzen absent.

109. Authorize the executive to sign a $102,959 contract with FHB Consulting Services of Lynden for consultant services to implement phase one of the agricultural-watershed pilot project? At the 7/7/2009 meeting, vote #171, the council identified 100,000 acres as being minimum acreage in farming to support a viable industry and identified areas outside the agriculture zone where land protection efforts should be strengthened. At the 7/26/2011 meeting, vote #115, the council voted for the agricultural strategic plan. At the 3/27/2012 meeting, vote #52, the council authorized the executive to accept a $358,472 federal grant for watershed protection and restoration. This contract will implement two pilot restoration and enhancement projects on high quality habitat areas within agricultural areas in the north county. (AB2012-220) Approved 6-0, Bill Knutzen absent.

110. Authorize the executive to sign an $809,934 contract (amendment #6) with the Opportunity Council for services related to the operation of the Whatcom County Homeless Service Center? The center provides services for homeless prevention and re-housing for county residents. The amendment extends the contract period from 7/1/2012 to 12/31/2013 and the total amount to $1,671,894. (AB2012-221) Approved 6-0, Bill Knutzen absent.

111. Change school zone signs at two locations from “When Children Are Present” to “When Flashing?” (Public hearing held) The changes will be at school zones on Yew Street Road and Cable Street. The speed limit will be 20 miles per hour when light is flashing. AB2012-194 (Ordinance 2012-023) Approved 6-0, Bill Knutzen absent.

112. Reduce the speed limit on portions of Haxton Way? (Public hearing held) To comply with the Lummi Ferry lease agreement and state law the speed limit will be reduced from 50 miles per hour to 35 miles per hour on Haxton Way from the intersections of Kwina Road south for 1,000 feet and Smoke House Road north for 620 feet. AB2012-195 (Ordinance 2012-024) Approved 6-0, Bill Knutzen absent.

113. Change the speed limit on a portion of Birch Bay Lynden Road and Portal Way? (Public hearing held) The speed limit will be reduced from 50 miles per hour to 35 miles per hour for 1,000 feet west of Portal Way to 1,000 feet east of Valley View Road and on Portal Way 1,000 north and south of Birch Bay Lynden Road for the design of a new signal. AB2012-196 (Ordinance 2012-025)Approved 6-0, Bill Knutzen absent.

114. Authorize an interfund loan of $1,233,668 to continue financing of the Central Plaza Building? At the 3/17/2009 meeting, vote #44, the council authorized the purchase of the building used by the public defender for $1,800,000. This vote is for a loan from the county equipment rental and revolving fund at 1 percent interest and requires annual payments of $124,000 through 7/1/2015. The remaining amount will be from the sale of bonds or other sources. AB2012-198 (Ordinance 2012-026) Approved 6-0, Bill Knutzen absent.

115. Authorize an interfund loan of $905,214 to continue financing the new assessor/treasurer software system? At the 5/26/2009 meeting, vote #130/131, the council voted to spend $1,596,198 for the design, development and deployment of software and services to replace 26-year-old computer system that was responsible for collecting and distributing $228 million dollars in tax revenue. This vote is for a loan from the county equipment rental and revolving fund is at 1 percent interest with annual payments of $129,000 through 7/1/2015. The remaining amount will be from the sale of bonds or other sources. AB2012-199 (Ordinance 2012-027) Approved 6-0, Bill Knutzen absent.

116. Amend the 2012 budget (request #9) in the amount of $401,987? Appropriate $312,000 to health department to fund chronic disease prevention (i.e. obesity and smoking); $37,987 to reimburse What-Comm Communication Center for 911 operating expenditure for remainder of current contract of 2012; $52,000 to the low income housing fund to insure ongoing operations for a youth shelter for runaway and homeless youth and a housing complex for homeless offenders. AB2012-200 (Ordinance 2012-028) Adopted 6-0, Bill Knutzen absent.