Whatcom County Council

Shall the council:

188. Approve 2006 Whatcom County Comprehensive Plan amendments? See votes 199 and 200 for details on the amendments. (AB 2006-82) Approved 7-0

189. Deny a rezone on Church Road in the Ferndale Urban Growth Area? Duke Development/Lance Ellis of Lynden requested a rezone for 19.5 acres from long-term planning area to short-term planning area. Long-term areas cannot be annexed by a city or developed at urban densities but both can be done in short-term areas. The planning commission recommended denial of the proposed rezone because the area does not meet density objectives consistent with the Whatcom County Comprehensive Plan and there is no need for additional land zoned for short-term planning area. (AB 2007-360) Approved 6-1, Sam Crawford opposed.

190. Authorize the executive to award the low bid of $214,796 to Braun Northwest of Chehalis for a truck to transport jail prisoners? The 2008 International replaces a 2000 bus with 232,822 miles. A request for bids was advertised and two bids were received. (AB 2007-365) Approved 7-0

191. Authorize the executive to award the low bid of $694,403 to Reisner Distributor of Bellingham for the annual supply of fuel? The diesel, unleaded regular, and biodiesel will be delivered to the public works central shop, the Lummi Island ferry and Silver Lake Park. The bid includes three one-year extensions. The contract includes $17,866 to purchase a spill response trailer required by Coast Guard for fueling the ferry. A request for bids was advertised and two bids were received. (AB 2007-366) Approved 7-0

192. Confirm the executive’s appointment of David Stalheim to the position of planning and development services director? His annual salary will be $101,364. Prior to taking the Whatcom County position, Mr. Stalheim had been community development director for Ashland, Ore. and Wenatchee, Wash. Prior to those positions he was planning director for Clallam County. (AB 2007-384) Approved 6-0-1, Barbara Brenner abstained.1

193. Set October 9 as the public hearing date to sell county tax title property by negotiation? TR 2007-02, the sale includes all mineral rights and is being sold to the adjoining landowner for $412.04. AB 2007-380 (Resolution 2007-49) Approved 7-0

194. Set October 9 as the public hearing date on a proposal to sell a county property easement? Bay Horizons in Birch Bay desires to purchase the easement to develop a stormwater outflow area. The property is not buildable and the area would be compatible with stormwater management. AB 2007-381 (Resolution 2007-50) Approved 7-0

194. Consider a petition to vacate a portion of Trigg Road near Ferndale? The Whatcom County PUD #1 applied for the vacation of approximately 16,530 square feet of graveled and unmaintained right-of-way at the end of Tigg Road. The PUD uses the gravel road to access a sub-station; it plans on expanding the facility. This vote initiates a county engineering report on the proposed vacation. AB 2007-383 (Resolution 2007-51) Approved 7-0

195. Establish Whatcom County Council meeting dates for 2008? The council will meet every other Tuesday beginning on January 15, except for August and December when one meeting is scheduled, and on Wednesday, November 12, to avoid Election Day. AB 2007-357 (Resolution 2007-52) Approved 6-1, Barbara Brenner opposed.2

196. Certify a poll book for the North Lynden Watershed Improvement District election? A petition to form the irrigation district was accepted at the 9/11/07 meeting, vote number 174. County Council staff prepared the poll book; the book will determine voter eligibility. A public hearing will be held at the 10/9/07 council meeting. AB 2007-322B (Resolution 2007-53) Approved 7-0

197. Amend the 2007 budget (request 10) in the amount of $5,411,992? Expenditures: $9,248 to pave a one-quarter mile section of the Interurban Trail — approximately 80 percent of the costs will be reimbursed by Chuckanut neighbors who use the trail as a driveway; $38,400 to replace two wrecked patrol cars; $58,439 to the sheriff’s office for computers and equipment for terrorism prevention; $6,226 to fund Boundary Review Board costs for staff time for public hearings on the Chuckanut Mountain Park District, incorporation of Sudden Valley and annexation of land in the King Mountain area; $20,000 for the What-Comm Communications Center; $298.685 to the Whatcom Humane Society for transition and start-up costs for animal control beginning on 12/1/07; $30,800 for a vehicle to transport felons;3 $510,000 to purchase 73 acres in Maple Falls for park purposes;4 $332,450 to purchase development rights on the Holz farm5 and $342,850 to purchase development rights on the Groen dairy farm;6 $42,400 for architectural services to design the Kendall Community Center; $180,458 loan for Ferndale’s centennial riverfront project;7 $2,912,830* for Lynden’s loan and grant request;7 $629,206 to fund 2006 continuing appropriations and equity transfers for equipment services division. AB 2007-361 (Ordinance 2007-46) Adopted 7-0

198. Impose an interim ordinance to protect the Lake Padden watershed from degradation? (Public hearing held on 7/24/07) This vote establishes controls to preserve and protect Lake Padden while the council reviews development regulation to permanently address health and safety concerns. Interim ordinances must be renewed every six months. AB 2007-286A (Ordinance 2007-47) Adopted 5-2, Ward Nelson and Sam Crawford opposed.

199. Amend the Whatcom County Comprehensive Plan for water and sewer disposal provisions, cluster subdivisions and reserve tracts in Urban Growth Areas? This amendment applies to urban residential and urban residential medium density zoning district. The intention is to reduce suburban sprawl and facilitate land uses in urban growth areas by allowing urban levels of density to be achieved by lot clustering practices that will provide for the integration of reserve tracts when they are ready to be rezoned. AB 2007-406 (Ordinance 2007-48) Adopted 7-0

200. Amend the Whatcom County Comprehensive Plan to allow Everson’s Urban Growth Area to expand by 3.28 acres? (Public hearing held) This amendment to the boundary near the south end of Greene Lane will allow improved public right-of-way access to the existing Urban Growth Area and provide for additional residential development. The city of Everson indicated a willingness to remove an equal area from its UGA to maintain the agricultural land base. AB 2007-174 (Ordinance 2007-49) Adopted 7-0

201. Amend the urban residential district-zoning ordinance? Establish an urban residential six units per acre district and require minimum densities and minimum lot size requirements in districts with four units per acre and six units per acre. These requirements are added to insure that development will meet the density goals of the Growth Management Act and the Whatcom County Comprehensive Plan. AB 2007-316 (Ordinance 2007-50) Adopted 6-1, Sam Crawford opposed.

202. Impose an interim ordinance relating to urban residential and urban residential medium density zones in the Bellingham Urban Growth Area? This vote implements regulatory mechanisms relating to density, lot clustering, reserve tracts, water and sewer disposal until the updated Bellingham subarea plan is adopted. Interim ordinances must be renewed every six months. AB 2007-317 (Ordinances 2007-51) Adopted 7-0

Shall the council:

203. Uphold8 the Whatcom County Hearing Examiner’s decision granting a conditional-use permit to the Lake Whatcom Water & Sewer District? The permit will allow construction of a 105,700-gallon concrete reservoir, approximately 1,700 feet of eight-inch water pipe and a gravel access road. The purpose of the project is to supply water to the Lake Whatcom Treatment Center at 3400 Agate Heights Road. Larry Watson appealed the hearing examiner’s decision to the council. The council amended the permit to prohibit the water district from using the improvements to extend water services to rural areas. Amended and approved 6-0-1, Dan McShane recused.

204. Authorize the executive to enter into a $120,000 contract (amendment #2) with Olympic Security Services of Tukwila for Courthouse security? Only people taking the elevators are screened; the county owns the x-ray machine. A contract for $128,500 (running from 10/3/05 through 12/31/06) was approved at the 9/13/05 meeting, vote number 172 and a $112,000 contract (not requiring council approval) for 2007 was signed on 10/17/06. This extension runs from 1/1/08 through 12/31/08 and the contract total is $360,500. (AB 2007-388) Approved 7-0

205. Authorize the executive to accept a $1,398,638 state grant for homeless assistance? The funding will be used to create and operate the Whatcom County Homeless Service Center. The money will be received over three years, $300,444 in the first year and $549,097 in the second and third years. These funds are part of the statewide effort to reduce homelessness in the state by 50 percent by 7/1/15. (AB 2007-390) Approved 7-0

206. Authorize the executive to enter into a $42,600 contract with the federal government for the operation and maintenance of two-stream flow gages on Bertrand Creek? The two gages, installed earlier this year, are used to monitor the quantity and quality of water coming from Canada and the information will be used to direct management actions in the creek’s watershed. The contract runs form 10/1/07 through 9/30/08. (AB 2007-370) Approved 7-0

207. Authorize the executive to enter into a $662,326 contract with the Whatcom Humane Society for animal control and shelter services? The council approved a three-year contract with SSP-Preferred Animal Care at the 6/6/06 meeting, vote number 122. A history of problems — the latest involving 41 llamas seized for neglect and seven euthanized — resulted in the county canceling the contract in March of this year. This funding will reimburse the humane society for actual costs, less collected fee revenues, for animal control, enforcement and shelter from 12/1/07 through 12/31/08. (AB 2007-392) Approved 5-2, Sam Crawford and Ward Nelson opposed.

208. Authorize the executive to lease the facility at 1161 Baker Creek Place to the Whatcom Humane Society for $10? At the 5/23/06 meeting, vote number 114, the council authorized the county to purchase the animal control facilities at 1161 Baker Creek Place for $697,350. This lease runs from 12/1/07 through 12/31/08. (AB 2007-393) Approved 5-2, Sam Crawford and Ward Nelson opposed.

209. Authorize the executive to enter into a $100,449 start up contract with Whatcom Humane Society for transition costs from the current animal control provider? The contract will pay for six weeks wages for training and equipment necessary for animal care and control from 10/10/07 through 11/30/07. (AB 2007-394) Approved 5-2, Sam Crawford and Ward Nelson opposed.

210. Authorize the executive to award the low bid of $40,325 to Callen Construction of Custer for the supply and installation of a water treatment system at Samish Park? The bid was advertised and three bids were received. (AB 2007-395) Approved 7-0

211. Authorize the executive to award the sole bid of $104,391 to Sound Ford of Renton for two pickup trucks with animal boxes? The Whatcom Humane Society will use the 2008 Ford F250 XL three-quarter ton extended cab 4x4 pickup trucks. The bid was advertised and one bid was received. (AB 2007-396) Approved 5-2, Sam Crawford and Ward Nelson opposed.

212. Authorize the county administration to discuss with the city of Bellingham the creation of a new management structure for the Lake Whatcom Reservoir? The details of the joint city/county organization, its accountability, enforcement of regulations and funding will be worked out jointly. A draft of the agreement will be brought back to the council for approval. For the Bellingham City Council vote, see the 10/8/07 meeting, vote number 200. (AB 2007-397) Approved 5-2, Barbara Brenner9 and Ward Nelson opposed.

213. Authorize the executive to enter into a 10-year agreement with the Whatcom County Master Gardener Foundation? The agreement grants the right to plan, plant and maintain a demonstration garden and to construct, maintain and manage a greenhouse at Hovander Homestead Park, provide plant material for Fragrance Garden at Tennant Lake and when requested by park staff, assist with the annual plant sale/garden fair. The foundation will be liable for all expenses. The agreement runs from 10/16/07 through 10/15/17. (AB 2007-398) Approved 7-0

214. Order an election to determine the formation of an irrigation district to be known as the North Lynden Watershed Improvement District? (Public hearing held) A petition to form the district was accepted at the 9/11/07 meeting, vote number 174 and a poll book to determine voter eligibility was approved at the 9/25/07 meeting, vote number 196. Owners of tax-exempt parcels, municipal land and parcels less than three acres are not eligible to vote. AB 2007-322C (Resolution 2007-54) Approved 7-0

215. Continue the interim ordinance limiting the size of commercial retail establishments to 75,000 square feet? (Public hearing held) This ordinance avoids land-use conflicts with other jurisdictions that already limit the size of retail development in accordance with the Growth Management Act. An emergency ordinance was passed at the 2/27/07 meeting, vote number 49 and an interim ordinance was passed at the 4/10/07 meeting, vote number 88. Interim ordinances must be renewed every six months. AB 2007-135B (Ordinance 2007-52) Adopted 6-1 Sam Crawford opposed.

216. Continue the interim moratorium on acceptance of new applications for subdivisions within the Lake Whatcom watershed? (Public hearing held) All lots remaining five acres or greater shall be exempt from the moratorium. The interim ordinance was first passed at the 4/26/05 meeting, vote number 91 and renewed at the 10/25/05 meeting, vote number 25; 4/25/06 meeting, vote number 97; 10/10/06 meeting, vote number 201 and 4/10/07 meeting, vote number 87. Interim ordinances must be renewed every six months. AB 2007-158A (Ordinance 2007-53) Adopted 6-1, Sam Crawford opposed.

Shall the council:

217. Deny a request to reconsider a vote upholding a Whatcom County Hearing Examiner’s decision? At the 10/9/07 meeting, vote number 203, the council upheld — with one amendment — the Whatcom County Hearing Examiner’s decision issuing a conditional-use permit to the Lake Whatcom Water and Sewer District. The Squalicum Valley Community Association, the Y Squalicum Water Association and the city of Bellingham1 asked the council to vacate the vote upholding the decision and reopen the record for additional testimony. Barabara Brenner explained the county code does not allow for a reconsideration of a final decision on an appeal once the final decision is signed and sent, which this was. (AB 2007-321) Approved 7-0

218. Approve $115,000 for low-income housing and shelter? The auditor collects a recording fee of a $10 per document that must be used for low-income housing. The 15-member housing advisory committee voted 10-0 to recommend allocations of $35,000 to New Way Ministries; $35,000 to the Lake Whatcom Residential Center; $35,000 to the Archdiocesan Housing Authority and $10,000 to Lydia Place. (AB 2007-389) Approved 7-0

219. Authorize the executive to enter into an agreement with the city of Bellingham for phase II of the Yew Street Road improvement project? The city of Bellingham will reimburse Whatcom County for all costs associated with the design and construction of utility (water and sewer) improvements between Kingmill Road and Samish Way. Phase I of the project began on 5/30/00. For information on phase I cost overruns, see the 6/18/02 meeting, vote number 111. (AB 2007-409) Approved 7-0

220. Authorize the executive to sign a revised Bellingham-Whatcom Public Facilities District agreement? The formation of the Public Facilities District was approved at the 7/16/02 meeting, vote number 127. The original agreement authorized the district to collect sales tax rebates from Bellingham and unincorporated Whatcom County. A recent bookkeeping error discovered that the district has been collecting sale tax rebates from Blaine, Everson, Ferndale, Lynden, Nooksack and Sumas. This revision authorizes the five cites to become members of the Bellingham-Whatcom Public Facilities District. The Bellingham City Council revision was approved at the 10/22/06 meeting, vote number 213. (AB 2007-407) Approved 7-0

221. Authorize the executive to accept a land donation from the Glacier Springs Property Owners? The .35 acres is located near the Warnick Bridge on the Mt Baker Highway. The donation — from a nonprofit corporation — will improve public access to the Glacier-Maple Falls segment of the Bay to Baker Trail. (AB 2007-410) Approved 7-0

222. Authorize the executive to accept $100,000 in state funding to create a court-appointed special advocates program in Juvenile Court? The program will increase the number of children served by court-appointed special advocates in juvenile dependency matters. The contract runs from 7/1/07 to 6/30/09. (AB 2007-411) Approved 7-0

223. Authorize the executive to enter into an $112,000 contract with the Whatcom Center for Early Learning in Bellingham for child development services? Children with developmental disabilities are eligible for the services from birth to three years of age. The contract runs from 11/1/07 through 6/30/08. (AB 2007-415) Approved 7-0

224. Adopt the 2008 road construction program? (Public hearing held) Approximately $18,529,000 in county expenditures and $31,959,000 in total expenditures are the estimated costs of the 30 projects: road construction and improvements, new bridges, intersection and parking improvements, shoulder widening, non-motorized improvements and various Lummi Ferry projects. This is the first year of the 2008-2013 capital construction program. AB 2007-382 (Resolution 2007-55) Approved 7-0

225. Authorize the executive to award the low bid of $1,243,810 to Ram Construction of Bellingham for repairs on Drayton Harbor Road? The road will be paved with asphalt between Harborview and Shintaffer roads, earth embankments will be stabilized, structures and debris will be removed from the beach and a log boom will be installed to prevent future erosion of the road. Preliminary engineering, right-of-way purchase, construction engineering, testing and a contingency fee bring the total cost of the project to $1,503,810. AB 2007-430 (Resolution 2007-56) Approved 7-0

226. Sell a county-owned property easement along Birch Bay Drive to Horizons Development Corp.? (Public hearing held on 10/9/07) The property is being purchased as a stormwater outflow area for Bay Horizons development; the outflow area will hold stormwater from upland areas and discharge it into Birch Bay. The property is not buildable and a public picnic area will be developed adjacent to the easement. AB 2007-381A (Resolution 2007-57) Approved 7-0

227. Authorize a contractor to elicit competitive quotes and recommend a medical insurance carrier for the county’s self-insured medical plan? This vote also allows an exception to competitive bidding. This resolution does not need to be renewed in future years. AB 2007-408 (Resolution 2007-58) Approved 7-0

228. Authorize the purchase of a conservation easement on the Ebe farm for $270,400? The easement will protect approximately 40 acres (located north of Harksell Road in unincorporated Whatcom County) that is currently farmed from conversion to non-agricultural uses under the Purchase of Development Rights program. A federal grant covers half the purchase price. AB 2007-418 (Resolution 2007-59) Approved 7-0

229. Approve a change in control of Guiness Communications? (Public hearing held) Guiness Communications, a Vancouver, B.C. company provides cable service to Point Roberts. At the 1/16/07 meeting, vote number 14, the council granted a change in control from Delta Cable Communications to Persona Communications corp. On 9/28/07 the Persona Communications shares were transferred to Eastlink Persona Holdings of St. John, who will now control Guiness Communications. AB 2007-402 (Ordinance 2007-54) Adopted 7-0

230. Approve a change in franchise ownership from Telecomm Associates to Mt. Baker Cable? (Public hearing held) At the 1/30/07 meeting, vote number 22, Telecomm Associates was granted a 25-year franchise to construct, operate and maintain a cable system on Lummi Island. Mt. Baker Cable recently purchased Telecomm Associates and requested the changed in franchise ownership. AB 2007-403 (Ordinance 2007-55) Adopted 7-0

231. Increase the petty cash fund for the Lummi Island ferry by $800? This will increase the petty cash fund to $1,800. The petty cash fund was increased from $400 to $800 at the 7/16/02 meeting, vote number 128, and from $800 to $1,000 at the 9/26/06 meeting, vote number 191. The latest increase will ensure sufficient cash to sell fares to passengers and vehicle/drivers, ferry punch cards and make change. AB 2007-399 (Ordinance 2007-56) Adopted 7-0

232. Amend the 2007 budget (request #11) in the amount of $366,701? Appropriate $238,701 to fund jail employee contract settlements; $96,000 for increased inmate medical services due to an increase in acutely ill and mentally ill offenders; $32,000 for staffing in District Court. AB 2007-400 (Ordinance 2007-57) Adopted 7-0

233. Spend $3,500,000 to establish a healthcare fund for retired law enforcement officers and fire fighters? The fund will be established on 11/1/07 and will be used to set aside reserves and to finance medical and long-term care costs for retirees who worked for the county during the 1970s when the state authorized a special retirement program that is no longer in existence. AB 2007-401 (Ordinance 2007-58) Adopted 7-0