Whatcom County Council

Action Taken at the July 7, 2015 Meeting

Shall the council:

121. Approve a revised jail facility use agreement? At the 6/23/2015 meeting, vote #118, the council voted to submit to the voters a two-tenths of one percent sales tax to construct and operate a jail. This revised agreement includes a deadline of 8/14/2015 for the cities of Bellingham, Blaine, Everson, Ferndale, Lynden, Nooksack and Sumas to agree to the project. If any city fails to approve the agreement, the county will reduce the size and scope of the project. The reduction would be proportional to the non-adopting city’s actual and expected share of the annual bond payments. (AB2015-047N) Approved 4-3, Barry Buchanan, Ken Mann and Carl Weimer opposed.

122. Forward a Charter amendment to the county auditor to be placed on the 2015 general election ballot? (Public hearing held) The amendment would affirm the legislative authority granted to the County Council by the Washington State Constitution to propose charter amendments to the voters. (AB2015-206) Failed1 1-6, Rud Browne, Barry Buchanan, Pete Kremen, Ken Mann, Satpal Sidhu and Carl Weimer opposed.

123. Forward a Charter amendment to the county auditor to be placed on the 2015 general election ballot? (Public hearing held) Members of the Charter Review Commission are currently elected by district. This amendment would elect members by a countywide vote. There was no motion to adopt this ordinance. The County Council voted to clarify that it will not forward this amendment to the voters. (AB2015-207) Approved 7-0

124. Forward a Charter amendment to the county auditor to be placed on the 2015 general election ballot? (Public hearing held) Currently, citizens proposing a charter amendment must collect valid signatures from at least 20 percent of the votes cast for governor in the last gubernatorial election. This amendment would lower the number of signatures to 8 percent of the votes cast in the last gubernatorial election. (AB2015-208) Failed2 1-6, Rud Browne, Barry Buchanan, Pete Kremen, Ken Mann, Satpal Sidhu and Carl Weimer opposed.

125. Approve the collective bargaining agreement with the Professional & Technical Employees, Local 17? The unit includes environmental health specialists, nutritionists, licensed social workers and public health educators within the county health department. The agreement covers 25 members and a 5 percent wage increase in 2016. The agreement runs from 7/7/2015 through 12/31/2016. (AB2015-210) Approved 7-0

126. Approve the collective bargaining agreement with the Whatcom County Deputy Sheriff’s Guild? The agreement covers 65 sheriff deputies and 10 sergeants and a 5 percent wage increase. The agreement runs from 7/7/2015 through 12/31/2016. (AB2015-211) Approved 7-0

127. Authorize the county executive to sign a $75,000 contract with AHBL, Inc. of Tacoma for phase 2 of the municipal stormwater permit? The National Pollutant Discharge Elimination System requires Whatcom County to revise local development-related codes, rules, standards, and best practices. With the assistance of the county, AHBL will develop amendments, coordinate between county departments, perform public outreach, and participate in the legislative process. The contract commences on 7/13/2015 and expires on 12/31/2016. (AB2015-213) Approved 7-0

128. Close a portion of Manley Road to motorized vehicular traffic? (Public hearing held) The county received requests from Wefer Tree Farm and Kinder Morgan to close the portion of Manley Road southeast of Samish Way. The closure was requested due to frequent trespassing, dumping, and other illegal activities. The closed portion contains no residential structures. AB2015-203 (Ordinance 2015-028) Approved 7-0

129. Forward a Charter amendment to the county auditor to be placed on the 2015 general election ballot? (Public hearing held) The amendment would change the present system of electing members of the county council from three districts with two members from each district and one at-large member to five districts with one member per district and two at-large seats. AB2015-205 (Ordinance 2015-029) Approved 6-1, Pete Kremen opposed.

130. Amend the sales tax expiration date? The expiration date of the sales and use tax for public facilities in rural counties is changed from 7/31/2024 to 7/31/2032. The tax is a deduction from the amount paid to the Washington State Department of Revenue and is not an increase to purchases in Whatcom County. AB2015-204 (Ordinance 2015-030) Approved 7-0

131. Create a Wildlife Advisory Committee? The committee will advise Whatcom County Planning and Development Services and the Whatcom County Council on the value of wildlife and habitat management in the planning process. The committee will have eleven members, with seven of the eleven members required to have technical expertise in wildlife and habitat management. The committee will terminate on 6/31/2016. AB2015-175 (Ordinance 2015-031) Approved 7-0

Action Taken at July 21, 2015 Meeting

Shall the council:

132. Appoint committees to write pro and con statements to appear in the local voter’s pamphlet on a proposed sales tax increase? The two-tenth of one percent sales and use tax will provide funding for the purpose of constructing and operating a jail and other public safety purposes. The pro and con committees each have three members. (AB2015-047Q) Pro committee: Ray Barbeau, Susan McClendon, Pat Brown. Con committee: Doug Starcher, Pat Alesse, Dan McShane

133. Approve a $10,000 contract (amendment #8) with Van Ness Feldman Gordon/Derr law firm of Seattle for legal representation in a Growth Management Hearing Board case? The law firm is representing the county in the various stages of its legal defense of Ordinance No. 2012-032 before the Growth Management Hearings Board. The firm will offer additional preparation assistance to the county on an as needed basis. The original contract was approved at the 12/4/2012 meeting, vote #222. This amendment brings the total contract to $160,000; it expires on 12/14/2015. (AB2014-136C) Approved 5-1, Carl Weimer opposed, Ken Mann absent.

134. Forward eight charter amendments proposed by the Charter Review Commission to the county auditor to be placed on the 2015 general election ballot? The 2015 commission voted on 20 proposed amendments to the Home Rule Charter, a majority of the commission approved eight. (AB2015-219) Approved 6-0, Ken Mann absent.

135. Appoint committees to write pro and con statements to appear in the voter’s pamphlet for eight Charter amendments proposed by the Charter Review Commission? See footnote #3 for details.

136. Authorize the executive to sign a $174,227 contract between the flood control district and Tetra Tech Inc. of Seattle for a subwatershed master planning project? (Council acting as the flood control board of supervisors) The plan will evaluate the condition of stormwater systems in Birch Point, Terrell Creek urban area, and Point Whitehorn subwatersheds. It will identify capital improvement projects, small projects, and maintenance needs. The contract will be paid by fees collected by the Birch Bay Watershed and Aquatic Resources Management (BBWARM) District. The contract commenced on 7/8/2015 and expires on 6/30/2017. (AB2015-221) Approved 6-0, Ken Mann absent.

137. Authorize the executive to sign three agreements — totaling $30,000 — for the de Boer levee repair and culvert replacement project? (Council acting as the flood control district board of supervisors) The agreements are between the flood control district and the Bertrand Watershed Improvement District, Public Utility District #1, and Diking District #4 in the amount of $10,000 each. The total estimated cost of the project is $200,000. (AB2015-222/2015-223/2015-224) Approved 6-0, Ken Mann absent.

138. Authorize the executive to award the low bid of $88,859 to Carman’s Construction of Oak Harbor for the de Boer culvert replacement project? (Council acting as the flood control district board of supervisors) This contract provides for the removal of a temporary sandbag berm, installation of a new culvert, and construction of a levee over the culvert near Trigg Road. The Public Utility District’s access road to water intake and 350 acres of farmland will be protected by the levee. The work was advertised and nine bids were received. (AB2015-225) Approved 6-0, Ken Mann absent.

139. Authorize the executive to sign a funding agreement between the flood control district and the United States Geological Survey? (Council acting as the flood control district board of supervisors) The total cost of the project is $442,500. The federal government will contribute $177,000 and flood control district will contribute  $265,500. The Nooksack River carries the second largest sediment load of all rivers draining into Puget Sound. The annual load is likely between 1-1.8 millions tons per year. This money will go toward a study to evaluate hydrology and geomorphology of the Nooksack River to help manage flood risk and drainage issues. (AB2015-226) Approved 6-0, Ken Mann absent.

140. Authorize the executive to award the only bid of $145,604 to Scougal Rubber Corporation of Seattle for rubber-molded steel apron flaps? They will replace existing steel apron flaps at the Lummi Island ferry terminal. The apron flaps were advertised and one bid was received. (AB2015-228) Approved 6-0, Ken Mann absent.

141. Authorize the executive to sign a collective bargaining agreement with Teamsters Local Union 231? The agreement covers 66 corrections deputies and sergeants and a 5 percent wage increase. The agreement runs from 7/21/2015 through 12/30/2016. (AB2015-231) Approved 6-0, Ken Mann absent.

142. Appoint committees to write pro and con statements to appear in the voter’s pamphlet for the two Charter amendments proposed by the Whatcom County Council? Proposition 9: Electing Council Members. Each pro and con committee has three members. Proposition 9: Pro statement: Tim Douglas, Dave Finet, Dorie Belisle; Con statement: Delaine Clizbe, Davis McCluskey, Kris Halterman. Proposition 10: Reducing Partisan Amendments through Supermajority Agreement. The pro committee has three members, the con committee has two members. Proposition 10: Pro statement: Barbara Ryan, Rebecca Boonstra, Darrell Hillaire; Con statement: Delaine Clizbe and David McCluskey,. (AB2015-236)

143. Vacate a portion of Delta Line Road? (Public hearing held) When a portion of a county road is considered useless it can be vacated by the council. A petition was filed by Scott and Iris Loomer, et al to vacate a portion of Delta Line Road. The engineer’s office reviewed the proposed vacation and determined it will benefit the public. The petitioners will pay the county $39,063, the fair market value for the area to be vacated. AB2015-115A (Resolution 2015-025) Approved 6-0, Ken Mann absent.

144. Forward a charter amendment to the county auditor to be placed on the 2015 general election ballot? (Public hearing held) The amendment will require the County Council and the Charter Review Commission to have a supermajority (two-thirds of the membership) vote to place a Charter amendment on the ballot. Currently, the Charter Review Commission needs only a simple majority to place Charter amendments on the ballot. If approved, it would supersede Propositions 2 and 3 recommended by the Charter Review Commission. AB2015-216 (Ordinance 2015-032) Amended and adopted 5-1, Barbara Brenner4 opposed, Ken Mann absent.

145. Amend the 2015 budget (request #8) in the amount of $137,713? Appropriate: $14,635 in proceeds from the sheriff’s office firearm auctions to be used for the purchase of tools and equipment; $123,078 (pass through federal grant) to fund the Opportunity Council’s public services that include community outreach, resource referral, client housing education, and energy conservation education. AB2015-215 (Ordinance 2015-033) Approved 6-0, Ken Mann absent.

4. From Barbara Brenner: I opposed placing the Charter amendment on the ballot because, although I support requiring the commission to have the same standard for a proposal on the ballot as the council, a clause was added at our meeting that states voting for this amendment would nullify the commission’s proposals 2 and 3. I don’t believe it is fair to the work that was done by the commission (even though I don’t agree with much of it) for the council to add a clause to contradict other proposals. I also think it will be very confusing for the voters. It confused me. I am not sure that clause is legal. I also believe if commission proposals 2 and three and this council proposal pass, there will be a challenge that will cost the county. A much better alternative would be to encourage voters to vote, “NO” on #2 and #3 and vote for this proposal without the clause that was added at the last minute.

3Members of the Pro and Con Committees to Write Statements for Voters Pamphlet

Proposition 1: Method of electing council members.

Pro Committee Con Committee

Joe Elenbaas Pat Alesse

Eileen Sobjack Max Bronsema

Karl Uppiano Rebecca Boonstra

Proposition 2: Limiting power of council to amend charter.

Pro Committee Con Committee

Ben Elenbaas Richard May

Delaine Clizbe Alie Walker

Karl Uppiano Roxanne Murphy

Proposition 3: Limiting power of council to amend charter’s election provisions.

Pro Committee Con Committee

Chet Dow Tom Stuen

Delaine Clizbe Iris Maute-Gibson

Karl Uppiano April Barker

Proposition 4: Word limit for ballot questions.

Pro Committee Con Committee

Joe Elenbaas

Todd Donovan

Karl Uppiano

Proposition 5: Lowering threshold for initiative and referendum signatures.

Pro Committee Con Committee

Todd Donovan Barbara Ryan

Jon Mutchler Mark Asmundson

Karl Uppiano

Proposition 6: Lowering the number of signatures required for citizen initiatives to amend charter.

Pro Committee Con Committee

Todd Donovan

Jon Mutchler

Karl Uppiano

Proposition 7: Term limits for county executive and council members.

Pro Committee Con Committee

Ken Bell Tom Stuen

Eli Mackiewicz Dan Raas

Karl Uppiano

Proposition 8: Altering composition of districting commission.

Pro Committee Con Committee

Eli Mackiewicz

Todd Donovan

Karl Uppiano