Whatcom County Council

Action Taken at January 15, 2013 Meeting

Shall the council:

1. Fill one vacancy on the Drayton Harbor Shellfish Protection District Advisory Commission? Steve Seymour was the only applicant; he was approved and will serve until the district sunset date, removal of the Drayton Harbor downgrade or when the district is dissolved by ordinance. (AB2012-358)

2. Fill three vacancies on the Whatcom County Planning Commission? Ben Elenbaas, Mary Beth Teigrob and Shane Roth applied for two vacancies in District 2; incumbents Ben Elenbaas and Mary Beth Teigrob were reappointed. J. Michael Zachary and Gerald Andrew Vekved applied for one vacancy in District 3; J. Michael Zachery was approved for the four year term. (AB2012-358)

3. Fill two vacancies on the Solid Waste Advisory Committee? Ed Nikula was the sole applicant for citizen representative, he was unanimously approved for a three year term. Incumbent Pete Edwards was the sole applicant for the Solid Waste Disposal Facility representative. He was unanimously approved for a three year term. (AB2012-358)

4. Fill eight vacancies on the Surface Mining Advisory Committee? Incumbent Leslie Dempsey was the only applicant for the citizen representation, he was unanimously approved for the two year term. Incumbent Scott Hulse was the only applicant for the civil or gas technical engineer with no direct or indirect financial business ties to the industry, he was unanimously approved for the two year term. There were no other applicants for the remaining six vacancies. (AB2012-358)

5. Fill three vacancies on the Noxious Weed Control Board? There were no applications for the vacancies. (AB2012-358)

6. Authorize the executive to sign two contracts — totaling $469,251 — for behavioral health services? The Whatcom Counseling and Psychiatric Clinic of Bellingham contract for $374,321 will provide crisis management and stabilization to offenders with mental health and substance abuse disorders in the jail. The contract runs from 1/15/2013 through 1/14/2014. The Catholic Community Services of Bellingham contract for $94,930 will provide mental health and chemical dependency services for Juvenile Court. The contract runs from 2/1/2013 through 1/31/2014. (AB2013-034/035) Approved 6-0, Ken Mann absent.

7. Authorize the executive to sign a $96,747 contract with Wilson Engineering of Bellingham to assist with the Birch Bay Stormwater Asset Management Program? Portions of the Birch Bay watershed were added to the county’s Stormwater Management Program in 2012 that require management of municipal surface water runoff and water quality protection. The county will be reimbursed by a Washington State Department of Ecology grant (($81,471) and the BBWARM (Birch Bay Watershed and Aquatic Resources Management) district ($15,276). The contract runs from 1/16/2013 through 12/31/2013. (AB2013-037) Approved 6-0, Ken Mann absent.

8. Continue the interim moratorium on the acceptance of new applications for divisions of land resulting in lots smaller than five acres within the Lake Whatcom watershed (clustering version)? (Public hearing held) The action is deemed necessary to assess the threat development may be to future degradation of the drinking water supply. Lots that remain five acres or greater are exempt. This alternate proposal states that divisions and boundary line adjustments utilizing clustering (design allowing concentration of development densities on a smaller portion of a site in exchange for open space on the remainder) which results in lots less than five acres with no overall lot density increase shall be exempt from this moratorium and shall apply to five acre zones R5A and RR5A only in areas without public water availability. Interim ordinances must be renewed every six months. The moratorium was first passed at the 2/8/2005 meeting, vote #46. Interim moratoriums must be renewed every six months. AB2012-040B (Ordinance 2013-001) Amended and adopted 6-0, Ken Mann absent.

Action Taken at January 29, 2013 Meeting

Shall the council:

9. Fill one vacancy in the Whatcom County Planning Commission? At the 1/15/ 2013 meeting, vote #2, J. Michael Zachery was appointed to a four year term. On 1/17/2013, Mr. Zachery sent an email declining the position because he is new to the area, considered the “guy from Seattle” and recommending the appointment of Gerald Vekved. The council unanimously appointed Gerald Andrew Vekved to the District 3 position. (AB2012-358)

10. Fill one vacancy on the Noxious Weed Control Board? The council unanimously appointed Dale Yoder to fill the position. (AB2012-358)

11. Authorize the executive to sign a $6 million loan and grant contract with the city of Lynden for the water treatment plant project? The projected cost of the plant is $26,840,000. The Economic Development Investment Board at the 12/6/2012 meeting approved a loan of $4 million and a grant of $2 million. When project expenditures exceed $21,415,000 the loan funds will be available to the city and when expenditures exceed $25,415,000 the grant funds will be available to the city. The yearly loan payment will be $221,661 with the final payment due in 2034. (AB2013-036) Approved 5-1, Ken Mann opposed, Carl Weimer absent.

12. Authorize the executive to sign a $404,456 contract with DLR Group of Omaha, NE, to provide planning and pre-design for a new jail facility? The scope of work is in three phases: the first will include review and planning at a cost of $243,470; phase two is the scoping process and budget evaluation; phase three concerns a review of the the 2010 draft environmental impact statement at a cost of $160,986. A contingency fee of $40,446 will bring the total contract to $444,902. The contract expires on 9/27/2013. (AB2013-042A) Approved 6-0, Carl Weimer absent.

13. Designate $1,500,222 in state grant funds generated by the purchase of the Lily Point Marine Park be deposited into the Parks Improvement Fund? The money for the purchase of property at Lilly Point was borrowed from the Conservation Futures Fund. The money is required to be returned to the Conservation Futures Fund unless the council designates a different location.(AB2013-050) Failed 0-6, Carl Weimer absent.

14. Authorize the executive to sign a $8,045 contract (amendment #2) with Bennett Engineering of Bellingham for monitoring the Cedarville and Y Road landfills? This amendment adds water quality sampling for the newly constructed leachate treatment system. This amendment brings the total contract to $104,335 and it expires on 12/31/2013. (AB 2013-055) Approved 6-0, Carl Weimer absent.

15. Authorize the executive to approve expenditures of up to $500,000 for traffic line paint from multiple vendors? Obtaining the paint from three companies — Alpine Products Inc of Auburn; Ennis Paint of Ennis, Texas; and Sherwin Williams, Inc. — should alleviate the supply problems that have occurred during the past three years. The paint will be used for road maintenance in 2013. Whatcom County has an agreement with Lewis County and Pierce County to use their bid documents. (AB2013-064/065/066) Approved 6-0, Carl Weimer absent.

16. Authorize the executive to sign four contracts — totaling $315,208 — to purchase road maintenance products? The contracts include: $85,208 to Traffic Safety Supply of Portland, Oregon, for traffic control signs: $50,000 to Meenderinck LLC of Nooksack for lignosite to control road dust; $40,000 to Coral Sales of Milwaukie, Oregon, for guardrails and related repair parts; $100,000 to Alpine Products of Auburn for the annual supply of glass beads; $40,000 for the annual supply of asphalt from nine vendors. (AB2013-059/060/067/070/071) Approved 6-0, Carl Weimer absent.

17. Authorize the executive to sign five contracts — totaling $260,000 — for auto maintenance, repair and related equipments? The contracts include: $75,000 for tires, tubes and service from three vendors; $80,000 annual supply of auto parts from local vendors; $35,000 for annual supply of lubricants from Reisner Distributor of Lynden; $80,000 for auto body repairs by Gitts Auto Body of Ferndale; $70,000 for light bars and related equipment for patrol vehicles from Auto Additions of Lacey. (AB2013-061/062/063/068/069) Approved 6-0, Carl Weimer absent.

18. Approve the Whatcom County treasurer’s list of 2012 property tax refunds? There are 494 refunds totaling $517,366; they are for senior exemptions; paid in error; tax status change; destroyed property; court ordered and miscellaneous errors. AB2013-051 (Resolution 2013-01) Approved 6-0, Carl Weimer absent.

19. Set February 12 as the date for a public hearing regarding the sale of surplus property? The surplus property comprise objects too costly to repair or are outdated. The surplus property includes: two vans (milage between 176,093 and 173,982), six buses (milage between 288,532 and 180,403), six computer printers, a large format copier, a projector and a retired narcotics K9 dog (before the sale the dog was removed from the list and found a home). AB2013-049 (Resolution 2013-002) Approved 6-0, Carl Weimer absent.

20. Sell tax-title property by negotiation to the city of Nooksack? TR2012-01 Acquired by foreclosure, the county sets taxes, title search and closing costs at $500 for Village of Nooksack Tract E, parcel no. 334247. The sale transfers ownership of mining and timber resources and is sold subject to restrictive covenants. AB2012-413A (Resolution 2013-003) Amended and approved 6-0, Carl Weimer absent.

21. Close the Legacy Petty Cash Fund? The sheriff’s office revolving fund bank account of unknown origin has a balance of $2,456. There has been no activity since 11/3/2004. The balance will be deposited in the general fund. AB2013-041 (Ordinance 2013-002) Approved 6-0, Carl Weimer absent.

22. Establish the 2013-2014 New Jail Project Fund? The DLR Group of Omaha, NE, is providing planning and pre-design for a new jail facility (see vote #12 for details). As the facility progresses, budget authority will be requested from the council. This vote will transfer $1 million into the project fund and approve the expenditure of $406,470 to be used for planning and pre-design. AB2013-042 (Ordinance 2013-003) Approved 6-0, Carl Weimer absent.

23. Amend the 2013 budget (request #1) in the amount of $234,944? Appropriate: $43,939 for the Gang-Drug Task Force Program for additional resources including overtime and leasing vehicles; $6,005 for the Convention Center Fund to correct a discrepancy between the recommended and approved contracts; $185,000 to construct the Hovander Park river walk of l.45 miles from the boat launch to the set-back levee. The money is needed to cover permitting requirements. AB2013-043 (Ordinance 2013-004) Approved 4-2, Bill Knutzen and Barbara Brenner opposed,1 Carl Weimer absent.

1From Barbara Brenner: I opposed spending a majority of the money in the budget amendment ($185,000 to construct a park walkway) becuase it was to be taken from the REET 2 fund. The REET 2 fund can be used for more essential public services, such as stormwater facilities we will need for Lake Whatcom and for a new jail. We already had money sitting in a Park Improvement Fund and embedded in the Road Fund for trails. Those are moneys that should be used for a really nice, but non essential walkway when we are in the midst of a chronic budget crisis. The county has yet to seriously prioritize our needs over our wants.