Whatcom County Council

Action Taken at December 4, 2012 Meeting

Shall the council:

204. Authorize the executive to sign agreements with the cities of Bellingham, Blaine, Ferndale, Lynden, Nooksack and Sumas to share planning study costs on comprehensive plan updates and urban growth review? The Growth Management Act requires an update by 6/30/2016. The cities and the county agree to provide a total of $140,000 for assistance with population projections, employment projections and environmental review. Division of costs would be based on percentage of population in 2012. (AB2012-353) Approved 5-2, Barbara Brenner1 and Pete Kremen opposed.

205. Authorize the executive to sign a $138,341 contract with Tetra Tech of Seattle for assistance in developing a stormwater master plan for Birch Bay’s central uplands? (Council acting as the flood control district board of supervisors.) The area between Harborview Road and Anderson Road is about 2,400 acres. Areas with dense developed have many drainage problems; the work includes inventory of stormwater systems, evaluation of constraints and future use impacts on rates of flow and water quality, development of a financial plan and providing public information. The project will be funded by fees colled by the BBWARM district. (AB2012-378) Approved 7–0

206. Authorize the executive to sign a $154,653 contract with Pacific Surveying and Engineering of Bellingham for analysis of road and bridge alignment alternatives for Jones Creek? (Council acting as the flood control district board of supervisors.) Landslides in upper James Creek have increased risk of debris flow. A deflection berm set back from the creek and crossing Turkington Road is suggested. When the preferred alternative is selected, the agreement will be amended to include a detailed design. (AB2012-379) Approved 4-3, Barbara Brenner,2 Ken Mann, and Bill Knutzen opposed.

207. Authorize the executive to sign a $1,050,000 three-year contract with Burlington Environmental LLC of Houston, Texas, for the disposal of toxics facility? It includes hazardous waste education, a collection and storage facility, and transportation to a treatment facility. Contractor also responsible for disposal of used oil from Cedarville, Birch Bay, Point Roberts, and Nooksack transfer stations. The $350,000 a year contract expires on 12/31/2015. (AB2012-380) Approved 7–0

208. Authorize the executive to sign a $800,000 contract (amendment #3) with Reisner Distributors of Lynden to provide magnetic card lock fuel service for fleet and law enforcement vehicles? The original contract was approved at the 1/15/2008 meeting, vote #6. This amendment increases contracted amount for fuel due significant rise in prices of unleaded regular and ultra low sulfur dyed #2 diesel. The contract is extended from 1/1/2013 through 12/31/2013, cannot be amended and the total amended contract is $2 million. (AB2012-382) Approved 7–0

209. Authorize the executive to accept a $208,640 state grant for stormwater improvements to the west tributary of Silver Beach Creek? The county must provide a 25 percent match of $69,596 for a total of $278,189. The project improves water qualify through design and construction improvements and channel restoration. It will treat stormwater, reduce flooding, and stabilize portions of the creek that drain into Lake Whatcom. (AB2012-383) Approved 7–0

210. Authorize the executive to sign a $64,500 contract with the federal government for patrol services? The U.S. Department of Agriculture will pay the county to provide a deputy in a marked car to patrol the Mt. Baker-Snoqualmie National Forest within Whatcom County. The patrols will include Saturdays, Sundays, and holidays, with additional help with unforeseen problems in places most used by visitors. The contract runs from 1/1/2013 through 12/31/2013. (AB2012-384) Approved 7–0

211. Authorize the executive to sign four contracts — totaling $236,200 — for senior centers’ staffing and operational support in 2013 and 2014? The contracts are with: the city of Lynden for $90,000; city of Blaine for $59,450; city of Bellingham for $58,750 and city of Ferndale for $58,750. (AB 2012-388/389/390/392) Approved 7–0

212. Authorize the executive to sign a $318,384 contract with Flex-Plan Services of Bellevue as the county’s direct reimbursement dental plan administrator? The rate for 2013 and for 2014 is set at $99.00 per employee per month for full family coverage. Administrative fees are reduced to $3.00 or 10.6 percent in new agreement that runs from 1/l/2013 to 12/31/2014. (AB2012-394) Approved 7–0

213. Authorize the executive to sign a $113,996 contract (amendment #2) with Lydia Place for case management and support services to individuals receiving subsidies through the Whatcom Homeless Service Center? This amendment brings the total contract to $282,996, is extended for 12 months (1/1/2013 through 12/31/2013), and will provide housing placement for at least 10 households with young children where there is mental illness and homelessness. (AB2012-396) Approved 7–0

214 Authorize the executive to sign a $141,204 contract with Action Cleaning Services of Bellingham for custodial services in six Whatcom County satellite buildings? They are: Forest Street Annex, Central Plaza, and Civic Center on N. Commercial Street, Health Department on Girard, Central Shop on Smith Road, and Northwest Annex on Northwest Drive. These locations do not require extensive security clearance. The contract is for $6,204 more than budgeted amount and expires on 12/31/2014. (AB2012-397) Approved 7–0

215. Authorize the executive to sign three contracts — totaling $235,000 — for mental health treatment services? The contracts are with: Sea Mar Community Health Centers for $90,000; Whatcom Counseling and Psychiatric Clinic for $125,000 and Cantrell Counseling & Associates for $20,000. The contractors will provide outpatient services to needy Whatcom County residents. (AB2012-399/400/401) Approved 7–0

216. Authorize the executive to sign a $721,415 two-year contract with the Whatcom Humane Society for animal control and shelter services? The service agreement includes administering regulations, enforcement and penalties regarding county ordinances, statutes, and local code. Additional costs for vehicles, fuel, maintence, and building maintenance are not included in this contract but are covered by the county at the additional cost of over $39,164 for 2013 and $36,959 for 2014. The contracts runs from 1/1/2013 through 12/31/2014. (AB2012-402) Approved 7–0

217. Authorize the executive to sign a lease with the Whatcom Humane Society for 1661 Baker Creek Place? The county-owned facility will be rented to the Whatcom Humane Society for $6 to provide animal control and shelter services. The contract runs from 1/1/2013 through 6/30/2013. (AB2011-403) Approved 7–0

218. Authorize the executive to sign a $15,000 contract with Whatcom Farm Friends of Lynden to support a baiting and trapping program to control the starling population in Whatcom County? The birds reportedly consume crops, eat quantities of stored cattle corn and are disease carriers. (AB2012-408) Approved 7–0

219. Authorize the executive to sign a $20,000 contract with Sustainable Connections to promote agritourism in Whatcom County? Agritourism involves any agriculturally-based operation or activity that brings visitors to a farm or ranch. Sustainable Connections will promote agritourism though a marketing campaign for the Discover Unique Whatcom Food and Farms program. (AB2012-410) Approved 7-0

220. Authorize the executive to sign a $600,000 loan with the Nooksack Valley School District for a wastewater treatment project at Nooksack Valley High School? This is a short-term loan approved by the Economic Development Investment Board until voter approved funds are available in 2014. (AB2012-417) Approved 7–0

221. Authorize the executive to sign a $$399,950 contract (amended #1) with Bayside Pathology/Dr. Gary Goldfogel for medical examiner services? The original five-year contract for $1,831,652 was approved at the 12/4/2007 meeting, vote #267. This amendment brings the total contract to $2,231,602 and extends it to 12/31/2013. (AB2012-418) Approved 7–0

222. Approve a $50,000 contract with Van Ness Feldman GordonDerr law firm of Seattle to represent Whatcom County in a Growth Management Hearing Board case? The law firm will assist the county it its legal defense of Ordinance 2012-032, approved at the 8/7/2012 meeting, vote #146. That ordinance amended the Whatcom County Zoning Map, the Whatcom County Comprehensive Plan, and maps to implement changes relating to rural land use planning? On 1/12/2012, the Washington State Growth Management Hearings Board determined that the rural element of the county’s comprehensive plan that protects rural character by controlling or containing rural development was not in compliance with state law. Ordinance amendments approved at the 7/24/2012 council meeting are aimed at bringing the county into compliance with the Washington Growth Management Act. The contract expires on 12/14/2014. (AB2012-422) Approved 7–0

223. Support an application by the executive for a $750,000 state grant to Alternative to Hunger to expand Bellingham Food Bank distribution center? (Public hearing held) The grant will support the construction of additional space to increase the center’s capacity to receive, store, and distribute food through food banks and hunger relief programs throughout Whatcom County. AB2012-372 (Resolution 2012-037) Approved 7–0

224. Appoint a director and alternate director 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 and the alternate director is the prosecutor-designated civil deputy. AB2012-398 (Resolution 2012-038) Approved 7–0

225. Adopt a salary schedule and policies for unrepresented Whatcom County employees effective 1/1/ 2013? The vote establishes salaries contained in the budget for elected officials, managers, department heads, supervisors, court commissioners and staff. AB2012-404 (Resolution 2012-039) Approved 6-1, Barbara Brenner3 opposed.

226. Set January 15, 2013, as the public hearing date to sell count tax title property by negotiation to the city of Nooksack? TR2012-01 is a parcel (village of Nooksack) bordering East 2nd and East Madison streets and will be sold for no less than the principal taxes, interest, penalties, title search, and foreclosure costs of $2,450. AB202-413 (Resolution 2012-040) Approved 7–0

227. Add the Whatcom County Capital Project to the 2010 Comprehensive Economic Development Strategy? The Nooksack Valley High School Septic system was inspected and deemed a “failure” by the Whatcom County Health Department on 8/8/2012. The Comprehensive Economic Development Strategy will not be updated until 2013 and funds not available until 2014, the resolution is necessary to include the new septic system project in the 2010 strategy so that construction can begin. AB2012-414 (Resolution 2012-041) Approved 7–0

228. Extend the sunset date for the Drayton Harbor, Portage Bay, and Birch Bay Shellfish Protection Districts? (Public hearing held) The Drayton Harbor District was created at the 7/18/95 council meeting, the Portage Bay District at the 3/24/98 council meeting, and the Birch Bay District at the 5/26/2009 meeting, vote number 136. The sunset date is changed from 12/31/2012 to 12/31/2014 so these groups can continue identifying and addressing pollution sources affecting marine environments. AB2012-371 (Ordinance 2012-055) Adopted 7-0

229. Amend 2012 budget (request 14) in amount of $745,728? Appropriate: $50,000 to fund outside legal assistance for County Council (see vote #221 for additional information); $15,728 is being transfered to the road fund from the road improvement district fund #9, which is being closed; $80,000 to provide additional funding for East Whatcom Regional Resource Center Project; $600,000 to fund Nooksack Valley Schools septic project loan for a short term until levy funds are available in 2014. AB2012-369 (Ordinance 2012-056) Adopted 7-0

230. Amend the 2012 project budget (request #3) in the amount of $80,000? The funds are for the East Whatcom Regional Resource Center to correct problems with the boiler system and for commercial fans due to stratification of heat? The block grant requires buildings to be LEED certified. AB2012-374 (Ordinance 2012-057) Adopted 7-0

231. Amend the official zoning map and development agreement for approximately 552 acres south of Smith Road and west of Guide Meridian? (Public Hearing held at 10/25 meeting.) The ordinance rezones the area from from R5A (one dwelling per five acres) to to R10A (one dwelling per ten acres). The rezone is in compliance with the Whatcom County Comprehensive Plan’s land use rural designation. AB2012-370 (Ordinance 2012-058) Adopted 7-0