Whatcom County Council

Action Taken at March 26, 2014 Special Meeting

This is the annual meeting of the Lake Whatcom Cooperative Management program.

Shall the county council:

60. Set goals with the Bellingham City Council and the Lake Whatcom Water and Sewer District Commission to implement a TMDL plan to improve Lake Whatcom water quality for 2014 through 2016? In 2014: establish policy principles for all areas of investment and identify expenditures needed to achieve load reduction goals in each area. In 2015: analyze expenditure levels, identify funding sources and set specific timetables for each area of investment. In 2016: complete an implementation plan for phosphorus reduction and control of fecal coliform that will meet the requirements of the TMDL, protect our drinking water and restore lake and tributary water quality. 2014-068 (Resolution 2014-019) Approved 7-0

61. Approve a joint resolution with the Bellingham City Council and the Lake Whatcom Water and Sewer District Commission inviting the Sudden Valley Community Association to send a representative to participate in the Lake Whatcom Policy Group? The community association may select one representative to participate in Lake Whatcom Policy Group activities. AB2014-068 (Resolution 2014-020) Approved 7-0

Action Taken at April 8, 2014 Meeting

Shall the council:

70. Approve a $30,000 contract (amendment #3) with Van Ness, Feldman, GordonDerr law firm of Seattle to assist in representing Whatcom County in Growth Management Hearings Board cases? At the 12/4/2012 meeting, vote #222, the council approved a $50,000 contract with the law firm to assist the county in its legal defense of Ordinance 2012-032, approved at the 8/7/2012 meeting, vote #146. A $40,000 amendment was approved at the 6/18/2013 meeting, vote #94. A $10,000 amendment was approved at the 12/12/2013 meeting, vote #224. This amendment brings the total contract to $130,000. The contract expires on 12/14/2014. (AB2014-136) Approved 6-1, Carl Weimer opposed.

71. Authorize the executive to accept a $2,023,420 state grant for the lower Canyon Creek integrated flood and fish project? (Council acting as the flood control district board of supervisors) Chinook, pink, coho, sockeye, chum salmon, steelhead, bull trout, and sea-run cutthroat trout all use lower Canyon Creek, a tributary of the North Fork of the Nooksack River. The scope of work includes levee setback and/or removal, relocating the riprap, and constructing 23 engineered log jams. This grant will reimburse the flood control zone for final design and construction during the 2013 and 2014 construction seasons. (AB2014-139) Approved 7-0

72. Authorize the executive to sign a $56,760 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. This contract is a reduction of 12 percent ($7,740) from the previous year and it runs from 1/1/2014 through 12/31/2014. (AB2014-141) Approved 7-0

73. Authorize the executive to award the low bid of $1,400,000 to McAsphalt Industries of Langley, B.C. for asphalt emulsion (road oil) at various locations? This is part of annual maintenance and repair on county road projects. Annual expenditures over the past years: 2009–$469,935; 2010–$574,666; 2011–$632,585; 2012–$951,942 and 2013–$1,061,465. A request for bid was advertised and two bids were received. (AB2014-142) Approved 7-0

74. Authorize the executive to approve expenditures of up to $500,000 for traffic line paint from vendors? Whatcom County will obtain the paint from three companies — Sherwin Williams, Inc. (through agreement with Lewis County); Alpine Products Inc. of Auburn (through the Washington State procurement list) and Ennis Paint of Ennis, Texas (through agreement with Pierce County). This should alleviate the supply problems that have occurred in recent years. The paint will be used for road maintenance in 2014. (AB2014-143) Approved 7-0

75. Approve the installation of stop signs on Brown Road at the Olson Road intersection? Citizens have requested placement of the stop signs turning the intersection from a two-way stop to a four-way stop based on anecdotal evidence about “near miss” accidents at this intersection. Based on Washington State Patrol information there have been six collisions at the intersection in the last six years. The Public Works Department performed a stop sign warrant analysis and determined the data does not justify the instillation of stop signs. AB2014-131 (Ordinance 2014-024) Adopted 7-0

76. Amend the section of the Whatcom County Code on election precinct boundaries and approve new precinct boundaries as necessary? Annexations by the city of Bellingham and Everson require some precinct boundaries be redrawn resulting in the creation of a new precinct in Bellingham. A scrivener’s error was discovered in the boundaries between Congressional District One and Two. AB2014-130 (Ordinance 2014-025) Adopted 7-0

77. Adopt the 2012 edition of the International Codes published by the International Codes Council and amended by the state of Washington? This vote adopts the 2012 International Building Code, International Residential Code, International Fire Code, International Mechanical Code, International Fuel Gas Code, International Plumbing Code, State Building Code Council Standards, State Energy Code and Code for the Abatement of Dangerous Buildings. AB2013-271 (Ordinance 2014-026) Amended and adopted 6-1, Ken Mann opposed.

Action Taken at April 22, 2014 Meeting

Shall the  council:

78. Intergrate the purchasing of mental health and chemical dependency treatment services? Recently enacted state legislation requires state  agencies to intergrate the purchasing of mental health and chemical dependency treatment services by April 2016. The county will amend the current North Sound Regional Support Network agreement and form a behavioral health organization. It will maintains county oversight of mental health and chemical dependency services. (AB2014-154) Approved 7-0

79. Authorize the executive to sign a $1,213,220 contract with Dr. Gary Goldfogel for medical examiner (coroner) services? The two year eight month contract allows for an annual 3 percent cost of living increase, with Dr. Goldfogel, the medical examiner since 1992. He will provide all staffing, supplies and other expenses, except for rental space for office and morgue. The contract runs from 5/1/2014 through 12/31/2016  (AB2014-156) Approved 7-0

80. Authorize the executive to sign a $832,121 lease contract with Goldfogel Family Partnership for health department office space? The three year five month lease rate will be for 13,915 square feet of space at 1500 N. State Street in Bellingham. The landlord will make available at least 50 parking spaces for the county. The contract runs from  5/1/2014 through 9/30/2017. (AB2014-156A) Approved 7-0

81. Authorize the executive to sign a $173,708 lease agreement with the Goldfogel Family Partnership for morgue and medical examiner (coroner) office space? The three year five month lease rate will be for 2,905 square feet of medical office space at 1500 N. State Street in Bellingham. The contract runs from 5/1/2014 through 9/30/2017. (AB2014-156B) Approved 7-0

82. Authorize the executive to accept an $175,073 federal grant to combat drug trafficking? The grant will pay for one prosecutor, one secretary, and software maintenance. This grant supports the Northwest High Intensity Drug Trafficking Area Border Task Force. The grant expires on 12/31/2015. (AB2014-160) Approved 7-0

83. Authorize the executive to sign a $76,355 contract with Land Development Engineering & Surveying of Ferndale for design assistance with the Harborview Road drainage improvement project? The consultant will develop construction plans, specifications and engineering estimates, preparation of bid documents, and assistance with the bidding process. (AB2014-161) Approved 7-0

84. Authorize the executive to sign five contracts (amendment #2) — totaling $605,210 — with county school districts for behavioral health services? The contracts are with: the Bellingham School District for $140,000; the Lynden School District for $117,500; the Ferndale School District for $117,710; the Meridian School District and the Blaine School District for $115,000 each. The services are for students with mental health and substance abuse problems. The original contract was approved at the 7/7/2012 meeting, vote #138. This amendment brings the total contract to $1,330,210 and it runs from 5/1/2014 through 8/31/2015. (AB2014-162/163/164/165/166) Approved 7-0

85. Authorize the executive to sign an agreement with the Lummi Nation for construction, operation, maintenance, and repair of Haxton Way-Smokehouse Road roundabout and associated public appurtenances? This agreement defines responsibilities with regard to development, construction, operation, maintenance, and repair of the roundabout. The Lummi Nation secured federal funds for this project so Whatcom County funds will not be used for construction of this roundabout. (AB2014-167) Approved 7-0

86. Approve the 2014 public participation plan? The 2013 plan was approved at the 5/7/2013 meeting, vote #79. The Growth Management Act requires counties to develop public participation program plans that will guide the publics’ involvement relating to the Whatcom County Comprehensive Plan and development regulation amendments, including zoning and critical areas ordinance changes. (AB2014-168) Approved 7-0

87. Amend the 2014 flood control district budget (request #3) in the amount $647,500? (Council acting as the flood control district board of director) Appropriate: $600,000 to fund Swift Creek bank stabilization; $20,000 for WRIA 1 planning unit; $27,500 for aquatic invasive species program. AB2014-149 (Resolution 2014-021) Approved 7-0

88. Impose an interim ordinance allowing marijuana production, processing, and retailing as authorized by Initiative 502, and medical marijuana facilities as authorized under state law? At the 2/11/2014 meeting, vote #34, the council imposed an emergency moratorium on the acceptance of new applications for marijuana producers, processors, and retailers as authorized by Initiative 502, and medical marijuana facilities authorized under state law. At the 3/25/2014 meeting, vote #66, the council imposed an interim ordinance and removed the moratorium, enacting interim regulations pertaining to marijuana producers, processors, retailers, and collective gardens. This interim ordinance amends the zoning code. See Exhibit A to the agenda bill for details. Interim ordinances must be renewed every six months. AB2014-074C (Ordinance 2014-027) Adopted 6-1, Sam Crawford opposed.

89. Establish the Parks Special Revenue Fund? The County Council authorized (see next vote) the administration to transfer $1,521,221 from the Conservation Futures Fund for future maintenance, operations and improvements of park properties. The current Parks Improvement Capital Projects Fund will be used to pay for capital projects. AB 2014-147 (Ordinance 2014-028) Adopted 6-1, Barbara Brenner1 opposed.

90. Amend the 2014 budget (request #9) in the amount of $1,958,575? Appropriate: $25,677 to the sheriff’s department for overtime, evidence storage, and a seminar; $5,060 for increased morgue rent; $48,131 to increase bond payments; $152,656 for the State Street lease renewal; $1,521,225 to transfer funds from the Conservation Futures Fund to the new Parks Special Revenue Fund; $151,326 for vehicle acquisition and staffing costs of Lake Whatcom Reconveyance lands; $54,500 for additional vehicles for the Lake Whatcom Reconveyance lands. AB2014-148 (Ordinance 2014-029) Adopted 6-1, Barbara Brenner opposed.2

91. Amend the Whatcom County Code regarding corner lot and through lot building setbacks? The amendment will reduce the setback from the lot line with restricted vehicular access, while maintaining an appropriate setback from arterial and collector streets. The intent is to provide greater clarity and flexibility when determining setback requirements. AB2014 146 (Ordinance 2014 030) Adopted 7-0