Whatcom County Council

Action Taken at September 30, 2014 Meeting

Shall the council:

168. Authorize the executive to sign a $174,176 contract with RH2 Engineering of Bothell to update the Whatcom County Coordinated Water System Plan? The current plan was adopted in 2000. The updated objectives are to coordinate acquisition, treatment and delivery of water among various public water purveyors, integrate public water system needs into a regional water supply plan, and inform the preparation of the Whatcom County Comprehensive Plan update. The contract commences on 8/1/2014 and terminates on 12/30/2015. (AB2014-267) Approved 5-1, Barbara Brenner1 opposed and Ken Mann was out of the room.

169. Authorize the executive to sign a $825,887 contract with the DLR Group of Omaha, NE, to provide preliminary design and engineering services for the new county jail facility? This contract will allow the DLR Group to complete work necessary to meet the city of Ferndale’s conditional use permit requirement at the Labounty Road site; the location was purchased from the city of Ferndale in 2013. The contract includes a traffic study, site survey, and geotechnical engineering. Work is anticipated to begin in mid-October and take six to seven months. Final work on the jail project will only be authorized pending a sales tax increase that will be on the 2015 primary or general election ballot. (AB2014-306A) Approved 7-0

170. Authorize the executive to sign a joint funding agreement with the federal government for the annual operation and maintenance of six stream gages on the Nooksack River? (Council acting as Flood Control District Board of Supervisors) The gages collect stream-flow data for the purposes of flood warning and response. The county’s share (flood district funds) will be $66,440, the Acme/VanZandt Subzone $3,580, the city of Abbotsford $3,850, and the federal government $17,540. The agreement runs from 10/1/2014 to 9/30/2015. (AB2014-308) Approved, 6-0, Ken Mann was out of the room.

171. Approve the six-year (2015-2020) Water Resources Improvement Plan? (Public hearing held; council acting as the Flood Control District Board of Supervisors). In accordance with state law, Whatcom County must update the plan annually. The plan was last approved at the 10/8/2013 meeting, vote # 171. The water resources program is a strategic planning tool and provides opportunity for public input on proposed capital work programs. It outlines future work for river and flood control, stormwater improvements, Swift Creek projects, Canyon Creek risk assessment, Jones Creek study, WRIA 1 salmon recovery, Lake Whatcom stormwater plan, and Birch Bay watershed management. AB2014-299 (Resolution 2014-040) Approved 7-0

172. Approve the six-year (2015-2020) 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 council initially amended the program at the 7/8/2014 meeting and approved additional amendments at this meeting. They shifted item #6 (Slater Rd./Northwest Rd.) to position #7; item #16 (Slater Rd./I-5 interchange) to position #6; item #15 (Slater Rd. Connector) to position #8, and  moved funding for the Slater Rd. projects from 2020 to 2015. The 14-Year (2015–2028) Ferry Capital Program is also approved. AB2014-294 (Resolution 2014-041) Amended and approved 7-0.

173. Order the cancellation of uncashed checks issued between 7/1/2011 and 6/30/2012? There are 555 uncashed jail inmate trust fund checks totaling $3,513. Seven checks are for amounts above $80. The money will be transferred to the state of Washington as abandoned property where it will be available to the payee indefinitely. AB2014-309 (Resolution 2014-042) Approved 7-0

174. Set October 14 as the public hearing date to authorize the sale of county tax title property by negotiation? TR2014-01 is a parcel on Kelbay Avenue in Bellingham that will be sold for no less than the principal taxes, interest, penalties, title search, and foreclosure costs of $1,878. AB2014-314 (Resolution 2014-043) Approved 7-0

175. Approve the Whatcom County Pollution Identification and Correction Program? The program will identify and address bacterial pollution sources that are impacting freshwater and marine water sources. Nooksack River and Portage Bay water quality have deteriorated and the shellfish growing area is threatened with another closure. Currently, only 21 percent of coastal drainage monitoring stations meet water quality standards for fecal coliform bacteria. AB2014-305 (Resolution 2014-044) Approved 7-0

176. Update the Coordinated Water System Plan? The plan was first adopted at the 11/13/1990 council meeting and last updated at the 5/2/2000 meeting. This updating will address nine issues including: utility service procedures, review boundary designations, policies regarding satellite management agencies, water quality issues, and terms of the Lummi Peninsula groundwater settlement agreement. AB2014-253 (Resolution 2014-045) Amended and approved 6-1, Barbara Brenner2 opposed.

177. Establish the boundaries and names of four proposed irrigation districts and order elections? At the 8/5/2014 meeting, Vote #152, the council accepted the petitions relating to the formation of the four water improvement districts. The elections will determine if the Drayton Watershed Improvement District, Laurel Watershed Improvement District, South Lynden Watershed Improvement District and Sumas Watershed Improvement Districts will be formed and the names of persons to be voted for as directors of the districts. The elections will be held on 10/27/2014, with mail-in ballots due by midnight of that day. The council will canvas the ballots on 11/10/2014. AB2014-224B/225B/226B/227B (Resolution 2014-046/047/048/049) Approved 6-1, Barbara Brenner3 opposed.

178. Amend the Whatcom County Shoreline Management Program? Public hearing held. The council first approved the Shoreline Management Program at the 5/27/76 meeting and last proposed amendments at the 3/17/2009 meeting, vote #54. The amendments were sent to the state Department of Ecology on 10/29/2009 and they responded on 5/6/2014. The state required three minor amendments and seven recommended changes. The amendments address: building and expanding within the shoreline setback; how to rebuild a damaged home (within areas covered by the program); changes to the Cherry Point Management Area; and general definitions within the language of the program. This vote goes back to the state for final approval. AB2014-287 (Ordinance 2014-051) Approved 7-0

179. Amend the 2014 budget (request #15) in the amount of $349,100? Appropriate: $26,000 to fund Watershed Improvement District elections; $5,000 to the sheriff’s office for vehicle tow charges; $45,500 for What-Comm E911; $80,300 for additional jail psychiatric medications; $97,000 for non-psychiatric jail medications; $15,000 for additional electronic home detention costs, and $80,300 for psychiatric jail medications. AB2014-301 (Ordinance 2014-052) Approved 7-0

Action Taken at October 14, 2014 Meeting

Shall the council:

180. Authorize the executive to sign a $160,000 contract with Wheeler Consulting Group of Burlington for Swift Creek repository siting and analysis? (Council acting as the flood control district board of supervisors) The Swift Creek Sediment Management Action Plan was adopted by the council at the 7/23/2013 meeting, vote #133. The plan addresses sedimentation and flooding deposits that contain naturally occurring asbestos and trace metals. The proposed siting and analysis will allow participating agencies to identify an appropriate site for Swift Creek sediment storage. (AB2014-321) Approved 7-0

181. Authorize the executive to sign a $180,000 contract with Watershed Science & Engineering of Seattle for a feasibility analysis to re-route the North Fork of Swift Creek? (Council acting as the flood control district board of supervisors) The Environmental Impact Statement proposed re-routing the North Fork of Swift Creek in order to reduce sediment flows and transport within the lower Swift Creek system. The re-route feasibility investigation will be completed in two phases. The proposed re-routing feasibility analysis will allow participating agencies to decide on a course of action to divert clean water away from the landslide-affected area(s) of Swift Creek. If Phase 1 finds no flaws, the county will consider moving forward with Phase 2. The contract commences on 10/1/2014 and terminates on 12/31/2015. (AB2014-322) Approved 7-0

182. Authorize the executive to award the low bid of $443,901 to Trimaxx Construction of Sedro Woolley for the Swift Creek bank armoring and sediment removal? (Council acting as the flood control district board of supervisors) In early 2014, Swift Creek eroded portions of the stockpile berm. To prevent future erosion of the levee system, as well as the release of asbestos-containing sediments onto private property, excavation and stockpiling of sediments and bank armoring are necessary. Funding for the projects will come from a cost share agreement, with 70 percent or $310,370 provided by the flood control district and 30 percent or $133,530 from the Sumas-Nooksack-Everson subzone. The engineer’s estimate was $562,464. The work was advertised and eight bids were received. (AB2014-323) Approved 7-0

183. Authorize the executive to sign a $88,720 contract with Wilson Engineering of Bellingham to design stormwater retrofit facilities for Cedar Hills/Euclid Creek stormwater improvements? The 62 acre sub-basin retrofit may included rain gardens, bioinfiltration swales, infilitration facilities, filter vaults, flow control, and erosion stabilization. The primarily target is bacteria and phosphorus removal. The contract commences on 10/15/2014 and terminates on 11/30/2015. (AB2014-325) Approved 7-0

184. Authorization the executive to sign a $119,414 contract with Pacific Survey & Engineering of Bellingham to design road and electrical upgrades at Silver Lake Park? The contract will fund field surveying, schematic design, permitting, and final design for the initial phase of construction, projected to begin in 2015. (AB2014-326) Approved 7-0

185. Confirm the executive’s appointment of Reid Parker to the Bicycle/Pedestrian Advisory Committee? Mr. Parker is currently employed by the Washington State Department of Natural Resources as the recreation manager for northern Skagit County and Whatcom County. He holds a Bachelor of Sciences in Natural Resources Management, and describes himself in his application as “an avid cyclist.” (AB2014-332) Approved 7-0

186. Authorize the sale of tax title property by negotiation? (Public hearing held) Request 2014-01: The property on Kel Bay Avenue in Bellingham was acquired in 11/2013 for $1,878, it is currently assessed at $750. When no acceptable bids were received at an attempted public auction of the property, the Property Management Committee determined that the property can be sold by negotiation if the sale is made within twelve months of the date of the unsuccessful public auction. AB2014-314A (Resolution 2014-050) Approved 7-0

187. Repeal Resolution 2009-078, related to previous open space application recommendations? At the 12/8/2009 meeting, vote #302, the council approved Resolution 2009-078 recommending applications for the classification, reclassification, or the amendment of existing applications for open space current use assessment on lands located within the city of Bellingham. Under the Open Space Taxation Act, the city and county may either work together or work separately to process applications. While the county has moved forward independently to resolve applications, the city of Bellingham has not taken action. This vote will assemble a Joint Granting Authority to approve or deny pending applications. In order to move forward on the proposal, previous action taken under Resolution 2009-078 must be repealed. AB2014-320 (Resolution 2014-051) Approved 7-0

188. Approve the remodeling of buildings and/or property at 509 Girard Street, 322 N. Commercial Street (Civic Building) and 1500 N. State Street? The executive is proposing the remodeling of these county properties. The intent of the proposal is: a) to avoid significant future repair and renovation expenses for the Northwest Annex property, located at 5280 Northwest Drive; b) to transfer and consolidate the operations center for Planning and Development Services, the Health Department, and Public Works Departments, and the offices of the medical examiner and the morgue; c) to provide a healthy and safe environment for staff and public alike; and, d) to serve the long-term needs of the community and county government in a cost-effective manner. The council approved funding allocations for the remodel proposal on at the 11/12/2013 meeting, vote #203. Environmental cleanup of the site at 1500 N. State St. may require additional funding beyond that allocated at the 11/12/2013 meeting. AB2014-324 (Resolution 2014-052) Substitute amended and approved 6-1, Barbara Brenner  4 opposed.

189. Establishing regular Whatcom County Council meeting dates for 2015? The Whatcom County Charter requires the council to meet 22 times a year. Meetings are scheduled for: January 13 and 27; February 10; March 3, 17, 31; April 14 and 28; May 12 and 26; June 9 and 23; July 7 and 21; August 4; September 15 and 29; October 13 and 27; November 10 and 24 and December 8. AB2014-317 (Resolution 2014-053) Approved 6-1, Barbara Brenner4 opposed.

190. Continue the interim ordinance allowing marijuana production, processing, and retailing? (Public hearing held) At the 4/22/2014 meeting, vote #88, the council adopted an interim ordinance amending the zoning code for recreational marijuana use authorized under Washington State Initiative 502. Planning and Development Services requested an extension of the interim ordinance in order to complete pending land-use and building permit applications and will present a permanent ordinance within six months. Interim ordinances must be renewed every six months. AB2014-074D (Ordinance 2014-053) Adopted 7-0

191. Increase the new jail project fund (amendment #3) by $900,887? This vote brings the total amended amount to $7,539,280. The jail project fund was established at the 1/29/2013 meeting, vote #22. It was amended at the 7/23/2013 meeting, vote #140 and the 11/12/2013 meeting, vote #204. Additional funding is needed to complete design services, including preparation of bidding and construction documents required by the Conditional Use Permit, and to allow the county to develop a financial plan for constructing the proposed jail. The final engineering phase is contingent on public approval of an increase in the sales tax at the 2015 primary or general election. AB2014-306B (Ordinance 2014-054) Adopted 7-0

Action Taken at October 28, 2014 Meeting

Shall the council:

192. Fill a vacancy in a District 3 position on the the Whatcom County Planning Commission? Applicants must be nominated by District 3 Councilmembers or the At-Large Councilmember. There are three applicants for the position: Sam Taylor, Dean Prather, and Michael Bersch. Sam Taylor was appointed to a partial term. The position expires 1/31/2018. (AB2014-318)

193. Authorize the executive to sign a $235,000 purchase agreement with the Mt. Baker School District for the acquisition of approximately 4.2 acres in Maple Falls? The property is a former school site owned by Mt. Baker School District. The intended use of the land is for a community park and trailhead for the Bay to Baker Trail. The property is currently appraised at $235,000. (AB2014-335) Approved 7-0

194. Authorize the executive to sign a $55,868 contract with Shearer Design of Seattle for design of the South Pass Road/Saar Creek Bridge replacement project? The project will replace the 38-foot long bridge built in 1957 and presently assessed as “structurally deficient.” Three firms submitted replacement proposals. A selection panel deemed Shearer Design as the most qualified. (AB2014-337) Approved 7-0

195. Approve the Whatcom County/city of Bellingham joint granting authority recommendations on six open space land applications5 located within the city of Bellingham? The law gives property tax relief to open space designations and decreases conversion to non-rural use. If the property is removed from the open space designation it is subject to an additional tax equal to the difference between the tax paid on the current use value and tax would have been paid on that land had it not been classified. The additional tax is payable for the last seven years, plus interest. AB2014-319 (Resolution 2014-054) Amended and approved 6-0 by Cathy Lehman, Terry Bornemann, Jack Weiss, Carl Weimer, Sam Crawford and Barry Buchanan.

196. Approve the 2015 annual road construction program? (Public hearing held) The road construction program is identical to the first year of the six-year transportation plan which was approved at the at the 9/30/2014 meeting, vote #172. Expenditures of county funds are estimated at $11,580,000 and the grand total is estimated at $25,160,000 for 41 projects. The amendment added a pedestrian crosswalk on Lakeway Drive (introduced at the 5/20/2014 meeting) to the list of road projects. AB2014-329 (Resolution 2014-055) Amended and approved 7-0.

197. Order the cancellation of uncashed checks issued before 7/1/2013? There are 129 uncashed checks (warrants) totaling $8,116. Whatcom County has 93 uncashed checks totaling $2,576 and the rural library, drainage, hospital, cemetery, regional council, fire, and water districts have 36 uncashed checks totaling $5,540. The money will be held for one year and then transferred to the state of Washington as abandoned property where it will be available to the payee indefinitely. AB2014-338 (Resolution 2014-056) Approved 7-0

198. Order the cancellation of uncollected money for parking violations? Tickets that are $5 or less are not sent collection notices. There are 27 parking tickets issued from 9/1/2012 through 8/31/2013 with unpaid violations; the uncollectable fines total $135. AB2014-339 (Resolution 2014-057) Approved 7-0

199. Order the cancellation of uncollected money for employee benefit premiums? The money consist mostly of former county employees who never paid their shares of their benefit premiums. There are 20 individuals totaling $2,240. AB2014-340 (Resolution 2014-058) Approved 7-0

200. Declare the flood control district’s intention to lease property on River Road? (Council acting as the flood control district board of supervisors) The district will lease property on River Road for agricultural use. The lease term is for a maximum of five years, at a rate of not less than $2,800 per year, plus leasehold tax. The amendment would require the lessee to return the property to the county in the same state as it was at the time it was leased. AB2014-298 (Resolution 2014-059) Amended and approved 7-0.

201. Terminate the open space timber land classification and declare land previously classified as timber land to be designated forest land? (Public hearing held) This ordinance consolidates the timber land classification with the designated forest land classification and is for taxation purposes only; it does not apply to comprehensive land use planning under the Growth Management Act. It will not change how property owners apply for and maintain their designated forest lands. AB2014-300 (Ordinance 2014-055) Adopted 7-0

202. Amend 2014 budget (request #16) in the amount of $2,755,000? Appropriate: $20,000 for the dock and pile replacement project at Lighthouse Marine Park, (construction has been postponed to protect spawning fish); $235,000 for the acquisition of a site owned by Mt. Baker School District for the construction of a park in Maple Falls; $2,500,000 for the purchase of the 4.1-acre Vogt property that will be developed as a park and community center in Birch Bay. AB2014-334. (Ordinance 2014-056) Adopted 7-0