Whatcom County Council

Shall the council:

147. Uphold the Whatcom County Hearing Examiner’s decision on an appeal to a boundary line adjustment determination? The Whatcom County Planning and Development Services denied a request that property in the 500 block of West Smith Road owned by Balvir Singh and Malkit Kaur be increased from five acres to 9.59 acres and property owned by Mike and Laurie Richardson be reduced from 25 acres to 20.41 acres. That decision was appealed to the hearing examiner; the hearing examiner concluded that the boundary line adjustment would be inconsistent with state law and upheld the determination. (AB 2008-228) Approved 7-0

148. Authorize the executive to award the sole bid of $371,664 to Puglia Engineering of Bellingham for annual repairs and maintenance of the Lummi Island ferry? This year the ferry will be in dry dock for up to three weeks due to the need to replace steel in the hull. The work was advertised and one bid was received. (AB 2008-291) Approved 7-0

149. Authorize the executive to sign a $150,000 contract with Jones & Stokes Associates of Bellevue for consulting services regarding the Whatcom County Comprehensive Plan? Jones & Stokes will develop a public visioning process, growth alternatives, population and economic projections and land supply-and-demand methodology. The information will serve as a basis for the required ten-year UGA review and phase one of the 2011 comprehensive plan review. The contract expires on 12/31/08. (AB 2008-294) Approved 6-1, Barbara Brenner1 opposed.

150. Authorize the executive to sign a $50,000 contract with Makers Architecture and Urban Design of Seattle for consulting services to ensure that the comprehensive plan and development regulations meet the requirements of the Growth Management Act? The Western Washington Growth Management Hearings Board found Whatcom County — by allowing development in rural areas — out of compliance with the GMA. Makers Architecture will provide resources to the planning and development staff to meet the requirements of GMA. The contract expires on 12/31/08. (AB 2008-295) Approved 6-1, Barbara Brenner2 opposed.

151. Authorize the executive to sign a $18,451 contract amendment with Snohomish County for the Homeland Security Grant program? This increased amount is to be used in the equipment budget and brings the total grant to $193,045. The contract expires on 10/31/08. (AB 2008-298) Approved 7-0

152. Approve the annual six-year (2009-2014) transportation improvement program? (Public hearing held) State law requires counties to update their transportation plans yearly. The program is required for the county to be eligible for state and federal funds; it establishes a list of needed capital improvements and sets the rate for impact fees. The program includes capital expenditures for the first six years of the 14-year ferry program. AB 2008-262 (Resolution 2008-53) Approved 6-1, Barbara Brenner3 opposed.

153. Rescind, in part, Resolution 2008-16; adopt the rules of operation for all subzone advisory committees andmake actions by the board of supervisors as separate tabbed documents in the Whatcom County code? (Council acting as the board of supervisors of the flood control district.) Inasmuch as the flood control district is a separate government entity and inclusion of its action in the county code may cause confusion, distinction between the two within the code binder is considered necessary. AB 2008-284 (Resolution 2008-54) Approved 7-0

154. Authorize the purchase of conservation easements on the Bouchard and Tjoelker farms for $475,400? The easements will protect currently farmed land from conversion to nonagricultural uses under the Purchase of Development Rights program. The Michael and Ruth Bouchard farm is 20 acres (located north of Loomis Trail Road near Blaine) and the development rights are $185,000. The Dean and Heather Tjoelker farm is 39 acres (located north of Burk Road near Blaine) and the development rights are $260,000. Purchases are contingent on the federal government providing 50 percent in matching funds. AB 2008-289 (Resolution 2008-55) Approved 7-0

155. Approve recommended changes to the Whatcom County Shoreline Master Program? The County Council at the 5/27/76 meeting first approved the Whatcom County Shoreline Master Program. Whatcom County is required to periodically review and update the program. The council approved amendments to the 1998 program at the 2/27/07 meeting, vote number 53. This vote approves changes recommended by the state Department of Ecology. AB 2008-261B (Resolution 2008-56) Approved 4-3, Barbara Brenner,4 Sam Crawford and Ward Nelson opposed.

156. Continue the interim ordinance establishing a review procedure to ensure that development provides transportation facilities in accordance with the Growth Management Act? (Public hearing held) The review addresses the impact of development on roads and traffic and how developers will pay for traffic impact fees. The interim ordinance was first imposed at the 12/5/06 meeting, vote number 249; continued at the 2/13/07 meeting, vote number 36; the 9/11/07 meeting, vote number 185 and the 2/26/08 meeting, vote number 40. Interim ordinances must be renewed every six months. AB 2008-91A (Ordinance 2008-30) Adopted 5-2, Barbara Brenner5 and Sam Crawford opposed.

157. Levy a 10 percent tax on the gross revenue of public card rooms? (Public hearing held) At the 5/20/08 meeting, vote number 107, the council repealed a prohibition on licensed card rooms operating in unincorporated Whatcom County. Bona fide charitable and nonprofit organizations are exempt from the tax. The tax takes effect on 8/15/08. AB 2008-281 (Ordinance 2008-31) Adopted 5-2, Barbara Brenner6 and Ward Nelson opposed.

158. Establish a 20 mph speed limit at a new elementary school on Yew Street Road? (Public hearing held) The Wade King Elementary School opened on Tuesday, September 2. The $11.3 million school was approved in a 2006 bond measure. It will be the Bellingham School District’s 14th elementary school. AB 2008-282 (Ordinance 2008-32) Approved 7-0

159. Rescind parts of Ordinance 98-85 and Whatcom County Code Chapter 2.93 in its entirety? This will make the operational rules for the four flood control districts consistent and the actions of the board of supervisors published as a separate set of documents within the county code binder. AB 2008-285 (Ordinance 2008-33) Approved 7-0

¹From Barbara Brenner: I opposed awarding the contract to a private company because we have the expertise in-house; we have already developed a visioning process that needs fine tuning, not a complete new direction, and we should be able to do this much more cost-effectively.

²From Barbara Brenner: I opposed awarding the contract to a private company because this is the function of our planning department.

³From Barbara Brenner: I opposed the transportion improvement program because because it doesn’t contain work on some dangerous roadways.

Shall the council:

160. Uphold the Whatcom County Hearing Examiner’s decision issuing a conditional-use permit to construct a 105,700-gallon reservoir at the Lake Whatcom Residential Treatment Center? Virginia Watson appealed the permit that will also allow the construction of 1,700 feet of eight-inch pipe that will supply water to the concrete reservoir. The water will be used for drinking and fire protection. (AB 2007-321B) Approved 7-0

161. Authorize the executive to sign an $86,277 contract with Wilson Engineering of Bellingham to map private stormwater facilities? The county is required to map all stormwater outfalls in its drainage systems; it lacks data on private facilities. Wilson Engineering will compile the data, which will be integrated into the GIS database and used to prepare a map of the county drainage systems. A state grant will fund 87 percent of the project. (AB 2008-307) Approved 7-0

162. Authorize the executive to sign a $61,200 lease (amendment #1) with Copper Building Associates? The original three-year lease was approved at the 1/31/06 meeting, vote number 26. This vote extends the lease to 9/30/09. The extension will allow the public works department to remain in the building until the Civic Center building is remodeled. The total amendment contract is $328,252. (AB 2008-309) Approved 7-0

163. Authorize the executive to transfer the Horton Road Detention Dam property to the city of Bellingham? The 7.5 acres is located off Cordata Parkway and is used for stormwater retention. The property includes wetlands and a fish-bearing stream. The city of Bellingham has designated adjoining property as the location for a new park. (AB 2008-310) Approved 7-0

164. Authorize the executive to accept a donation of 1,200 feet of beach and tidelands on Lummi Island? The property — on the west shore — is being donated by Harold and Judy Eldred and the Essex Family LLC; it will provide beach access where public access is limited. The property must be kept under the sole ownership and management of Whatcom County. (AB 2008-315) Approved 7-0

165. Authorize the executive to spend $375,000 to purchase 54 acres from the Whatcom Land Trust? The Point Whitehorn property — to be used for public park purposes — has 1,900 feet of saltwater access. A conservation easement will be granted to the Whatcom Land Trust to provide access to Marine Reserve Park and beach, one-mile trail system and 30-car parking area. Conservation Futures Fund money for the purchase was approved at the 1/29/08 meeting, vote number 24. (AB 2008-316) Approved 7-0

166. Authorize the executive to award the sole bid of $285,905 to Pape Machinery of Mount Vernon, for a truck-mounted ditching machine? This machine is essential in keeping fish passages open and controlling stormwater. Bids for the ditching machine were advertised and one bid was received. (AB 2008-317) Approved 6-1, Barbara Brenner7 opposed (see next column for footnote).

167. Authorize the executive to award the low bid of $514,862 to Kenworth Northwest of Bellingham, for three dump trucks? They replace dump trucks purchased in 1994 and 1996 with mileage from 294,811 to 317,230. Bids for the 10-yard diesel trucks were advertised and two bids were received. (AB 2008-318) Approved 7-0

168. Authorize the executive to award the low bid of $136,710 to Valley Freightliner of Mount Vernon, for a single axle truck? It replaces a truck purchased in 1988 with 148,028 miles. Bids for the 4x4 truck with sander and pre-wetting system were advertised and two bids were received. (AB 2008-319) Approved 6-1, Barbara Brenner8 opposed.

169. Authorize the demolition of a building on the Smith Road? The county purchased the building on 6/2/03 as a training center for the SWAT Team. Administrative Services recommends the structure be partially recycled as it is not worth selling. It will be used by the SWAT Team until a jail work crew dismantles it for resale at the RE Store. AB 3008-311 (Resolution 2008-57) Approved 6-1, Barbara Brenner9 opposed.

170. Authorize the executive to request return of state timber land in the Acme area to the county? The county purchased 563 acres in the 1990s for parkland along the Nooksack River. The 260 acres of state land connects northern and southern portions and 27 acres will adjoin the southern portion to accommodate future access. The return will cost the county $5,000. AB 2008-314 (Resolution 2008-58) Approved 7-0

171. Set September 23 as the public hearing date to authorize the sale of surplus county property? The surplus property includes: 39 vehicles, two pedal boats, miscellaneous tools, office equipment and computer components. AB 2008-320 (Resolution 2008-59) Approved 7-0

172. Authorize the purchase of a conservation easement on the Don and Irma Bauthues farm for $124,900? This is the eleventh farmland purchase made under the Purchase of Development Rights program designed to protect agricultural property from conversion to nonagricultural uses. The easement will protect the 12-acre seed potato farm on Loomis Trail Road. A federal grant will cover half the purchase price. AB 2008-306 (Resolution 2008-60) Approved 7-0

173. Consider a petition to vacate a portion of Johnson Road in Point Roberts? Galen Wood submitted the petition signed by five property owners. The 6,600 square feet of right of way is valued at $4,158. This vote initiates a county engineering report on the proposed vacation. AB 2008-322 (Resolution 2008-61) Approved 7-0

174. Remove administrative procedures from the shoreline management program? (Public hearing held) This allows more expediency, flexibility and integration with permit processing. The shoreline management guidelines adopted by the state provide standards for the county to follow. AB 2008-302 (Ordinance 2008-34) Adopted 6-1, Barbara Brenner10 opposed.

175. Continue the interim ordinance to protect the Lake Padden watershed from degradation? (Public hearing held) The interim ordinance establishes controls to preserve and protect Lake Padden while the council reviews development regulations to permanently address health and safety concerns. The interim ordinance was first passed at the 9/25/07 meeting, vote number 198, and renewed at the 3/1/08 meeting, vote number 50. Interim ordinances must be renewed every six months. AB 2008-94A (Ordinance 2008-35) Adopted 6-1, Sam Crawford opposed.

176. Continue the interim ordinance relating to urban residential and urban residential medium density zoning districts in the Bellingham Urban Growth Area? (Public hearing held) The interim ordinance implements regulatory mechanisms relating to density, lot clustering, reserve tracts, water and sewer disposal until the updated Bellingham subarea plan is adopted. The interim ordinance was first passed at the 9/25/07 meeting, vote number 202, and renewed at the 3/11/08 meeting, vote number 49. Interim ordinances must be renewed every six months. AB 2008-108A (Ordinance 2008-36) Approved 7-0

177. Establish a fee for building code appeals to the County Council? (Public hearing held) The appeal applies to penalties issued by building officials, fire code officials or director of planning and development for violations of Whatcom County Code chapter 15.04. The fee will be established in the Unified Fee Schedule. AB 2008-300 (Ordinance 2008-37) Approved 7-0

178. Amend the 2008 budget (request #9) in the amount of $694,325? The county will appropriate: $6,000 to pave the road leading to the Plantation Rifle Range (the county will be reimbursed by two timber companies that use the road); $17,500 for treatment beds for indigent chemically dependant defendants; $10,425 grant award to a parenting plan clinic; $35,000 in federal funds to support an emergency management coordinator position; $475,400 from the Conservation Futures Fund to purchase five development rights for two farm properties; $150,000 for the East Whatcom Regional Resource Center construction fund to identify infrastructure needs. AB 2008-299 (Ordinance 2008-38) Approved 7-0

179. Limit the size of commercial retail establishments? A 65,000 square foot limitation will apply to commercial retail businesses in the general commercial, light impact industrial and general manufacturing zones inside the short-term planning area of an Urban Growth Area. A 35,000 square foot size limitation will apply to commercial retail businesses in the general commercial, light impact industrial and general manufacturing zones outside the short-term planning area of an Urban Growth Area. AB 2008-112A (Ordinance 2008-39) Adopted 5-2, Sam Crawford and Barbara Brenner11 opposed.

⁶From Barbara Brenner: I opposed this tax because there is only one card room in Whatcom County; 10 percent is much higher than what we charge other gambling facilities, and 10 percent should be on net, not gross. I don’t support gambling but we should treat them similarly.

⁷From Barbara Brenner: I opposed the purchase because we had a similar machine that was replaced by other machinery only four years ago. We were told then that the replacement was better. If it was better in 2004, it should still be better today.

⁸From Barbara Brenner: I opposed the truck purchase because we have an operating truck and if we need to do more, we can contract with private parties to provide emergency services. Our economy is getting worse and the county executive said we have revenue problems. We need to get serious about keeping expenses down.

⁹From Barbara Brenner: I opposed the building demolition because I believe it would be cost-effective to upgrade the building.

¹⁰From Barbara Brenner: I opposed this vote because all the people who came to the public hearing on the Shoreline Management Plan were told the council wouldn’t make a decision that night. Although this vote was more of a housekeeping issue, I believe it should have been postponed in deference to what was said to the public and because it would not have caused any hardship to wait.

¹¹From Barbara Brenner: I was opposed because the final draft drastically changed the interim ordinance. As author of the interim ordinance, I believe the unincorportated county should not be competing with the cities for big box stores in violation of the Growth Management Act. But the final draft changed the limit by more than 100 percent in some areas. Staff claimed it was just housekeeping. They said existing rules already covered it. But we received completely opposite comments from the former planning director and I believe him.