Whatcom County Council

Shall the council:

212. Authorize the executive to enter into a $331,300 agreement with Fire Protection District 7 to reimburse the district for paramedic training costs? At the November 8, 2005, general election voters approved a one-tenth of 1 percent sales tax for countywide emergency medical and criminal justice services. As designated in the emergency medical services plan, a fifth medical unit (located in District 7) with six firefighters trained at Harborview Medical Center in Seattle, will be implemented. (AB 2008-344) Approved 4-3,1 Bob Kelly, Seth Fleetwood and Laurie Caskey-Scheiber opposed.

213. Renew the lease agreement with Sanitary Service Company for the Cedarville and Birch Bay landfill facilities? Citizens can recycle and dispose of self-hauled waste at the landfill sites. The county has leased the two solid waste landfill facilities to Sanitary Services since November 1998. The company will pay the county $50 per month for each site. The lease expires on 10/31/13. (AB 2008-381) Approved 7-0

214. Authorize the executive to enter into an agreement with the seven cities in Whatcom County to assist in the review of urban growth projects to occur over the next 20 years? The cities will provide technical information and $36,000 in funding. The county will complete land capacity analyses and contribute $24,000 for the review of countywide planning required by the Western Washington Growth Management Hearings Board. The agreement runs from 1/1/09 through 12/31/09. (AB 2008-388) Approved 7-0

215. Authorize the executive to enter into amendment #7 with the city of Ferndale for proposed annexation within Ferndale’s Urban Growth Area? The city wants to annex approximately 41 acres in the vicinity of Shields Road. (AB 2008-390) Approved 7-0

216. Support an application to the state of Washington for a $1 million community development block grant for a homeownership affordability project? (Public hearing held) The Kulshan Community Land Trust is partnering with the Opportunity Council to apply for a block grant that will be used for home acquisition and home repairs for low- and moderate-income residents. AB 2008-374 (Resolution 2008-73) Approved 7-0

217. Order the cancellation of uncollectible money for parking violations? There are 83 parking tickets with unpaid $5 violations over one year old; the uncollectible fines total $413. AB 2008-382 (Resolution 2008-74) Approved 7-0

218. Order the cancellation of uncashed checks issued before July 1, 2007? The total for 193 uncashed checks is $22,888. Whatcom County has 117 uncashed checks for $16,733 and the rural library, fire and water districts have 76 uncashed checks for $6,155. 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. AB 2008-383 (Resolution 2008-75) Approved 7-0

219. Approve recommendations for the expenditure of national forest related federal funds? Federal law requires that counties spend 80 percent of the federal funds received under Public Law 106-93 for public schools and roads. This vote suggests how the other 20 percent should be spent: trails and stream restoration, culvert repair, search and rescue, jail work crews, purchase of easements, fire prevention, county planning and forestry. A committee appointed by the Secretary of Agriculture makes the final decision for Whatcom and Skagit counties. AB 2008-393 (Resolution 2008-76) Approved 7-0

220. Amend the salary schedule and policies for unrepresented Whatcom County employees effective 1/1/09? This vote rescinds a resolution passed at the 10/28/07 special meeting that took a pay raise away from the Whatcom County executive and it gives the executive a salary increase. The raise is 6.8 percent for both 2009 and 2010. AB 2008-361A (Resolution 2008-77) Approved 5-2, Barbara Brenner2 and Laurie Caskey-Schreiber opposed.

221. Establish salaries for executive branch elected officials, effective 1/1/09? Salaries will be adjusted in 2009 and 2010 for the county executive, prosecuting attorney (county portion), sheriff, assessor, auditor and treasurer. AB 2008-121G (Resolution 2008-78) Approved 4-3, Barbara Brenner,3 Laurie Caskey-Shreiber and Carl Weimer opposed.

222. Provide a framework for the flood control construction cost-share program? (Council acting as the board of supervisors of the flood control district.) The program needs often exceed budget to the detriment of flood hazard reduction. The flood control advisory committee recommends increasing cost-share contributions from 20 to 30 percent for local sponsors and property owners requesting funds. AB 208-380 (Resolution 2008-79) Approved 6-1, Sam Crawford opposed.

223. Establish a fund for all flood control district revenues? (Council acting as the board of supervisors of the flood control district.) The county treasurer shall establish a fund for all revenues collected by each flood control district subzone. The flood control district will pay the county for the cost of the financial management. AB 2008-378 (Resolution 2008-80) Approved 5-2, Sam Crawford and Ward Nelson opposed.

224. Amend administrative procedures for the Whatcom County Shorelines Management Program? (Public hearing held) This vote amends the ordinance passed at the 9/9/08 meeting, vote number 174, to remove administrative procedures from the shoreline management program. This amendment authorizes the director of planning and development services to make decisions on shoreline conditional-use applications. AB 2008-352 (Ordinance 2008-44) Approved 7-0

225. Continue the interim ordinance removing the lot clustering provision from the rural forestry district of the Whatcom County Code? (Public hearing held) An emergency moratorium was first enacted at the 10/10/06 meeting, vote number 205.4 The council wants additional time for staff and the planning commission to review the code to ensure that the county is encouraging compatible use, the conservation of productive forest and agricultural lands and discouraging incompatible use. Interim ordinances must be renewed every six months. AB 2008-189A (Ordinance 2008-45) Adopted 6-1, Sam Crawford opposed.

226. Clarify the actions of the County Council and those of the County Council acting as the board of supervisors of the flood control district? An audit by the Whatcom County auditor recommended several changes in the relationship between the county and the flood control district. AB 2008-377 (Ordinance 2008-46) Adopted 6-1, Sam Crawford opposed.

227. Clarify the financial distinctions between Whatcom County, the flood control district and subzones? This ordinance repeals the framework for flood control repairs and maintenance cost-share program. The board of supervisors of the flood control district (County Council) is planning substantial changes to the program. AB 2008-376 (Ordinance 2008-47) Adopted 6-1, Sam Crawford opposed.

¹From Barbara Brenner: I supported the reimbursement of the paramedic training costs because the County Council unanimously endorsed the Medic One plan. Many elected officials, including me, personally lobbied the public for support. The public voted overwhelmingly for the tax increase. The tax increase was based on the EMS plan. The EMS plan specifically stated the fifth Medic One unit would be based at District 7. Only after the vote did a local group argue that Ferndale should not manage this service. Although the tax was supposed to pay for the all training, District 7 even paid for half the training. District 7 did not ask for this. The county and many of the fire districts asked District 7 to do it in part so we would never again have no options if Bellingham threatened to pull out as it did in the past.

²From Barbara Brenner: I opposed the amended salary schedule because the language in the so-called technical correction was not understandable to many of us council members. The administration stated it was difficult to understand. I never support anything I can’t understand.

³From Barbara Brenner: I opposed executive branch salaries because in this bad economic time, no elected officials should get a 6.6 percent raise. Elected officials should set an example by letting the public know we understand their difficulties. No elected officials should receive any raises in a bad economy. Most elected officials (council members make about $18,000 but the rest make between approximately $85,000 and $140,000) make very good salaries. We all receive excellent benefits. We should be grateful for what we already receive.

⁴An interim ordinance was passed at the 11/21/06 meeting, vote number 240, and continued at the 5/22/07 meeting, vote number 122, 11/20/07 meeting, vote number 260 and the 5/20/08 meeting, vote number 106.

Shall the council:

228. Authorize the executive to sign a $79,735 contract to CH2M Hill of Bellevue to establish a stormwater funding system? The county has completed phases I and II of the comprehensive water resources integration project: reviewing all proposed and existing county investments in water resources, ranking the benefits of each investment and doing an analysis of level alternatives. CH2M will review existing data, evaluating and ranking them and searching for new funding sources. The contract expires on 6/30/10. (AB2008-395) Approved 7-0

229. Authorize the executive to award a $40,000 contract (amendment #2) to Wilson Engineering of Bellingham, to design chinook habitat along the South Fork of the Nooksack River near Acme? The original contract was approved at the 4/10/07 meeting, vote number 81; the project was delayed due easement problems. The project site is an approximately one-quarter mile long section of eroding riverbank. This amendment revises the scope of the work and modifies the design due to flooding changes. This amendment brings the total contract to $126,000; the amended contract expires on 11/31/09. (AB 2008-396) Approved 7-0

230. Authorize the executive to sign amendment #8 with the city of Ferndale for a proposed annexation within the cities Urban Growth Area? Ferndale want to annex approximately 45 acres (known as the East Slater Road annexation) in the vicinity of the Slater Road. (AB2008-400) Approved 7-0

231. Adopt the 2009 flood control district tax levy? (Public hearing held) (Council acting as the board of supervisors of the flood control district.) Levy funds are used to address flooding and to reduce flood damage. The board of supervisors can impose a tax levy of up to 50 cents per thousand of assessed value on real property in the county. This vote increases taxes by 4 cents for every $1,000 of assessed valuation. The increase will generate an additional $1,900,00 over the next two years. AB 2008-369 (Resolution 2008-81) Substitute approved 4-3, Barbara Brenner,5 Sam Crawford and Ward Nelson opposed.

232. Adopt the 2009 property tax levy at the same amount as 2008? (Public hearing held) Increased revenues will come from new construction, property improvements and increases in assessments. AB 2008-370 (Ordinance 2008-48) Approved 6-1, Barbara Brenner6 opposed.

233. Adopt the Conservation Futures Fund tax levy for 2009? (Public hearing held) The levy will be the same as last year, 6.25 cents per $1,000 of assessed valuation on real property. The funds can only be used to acquire land or development rights for conservation purposes. AB 2008-371 (Ordinance 2008-49) Approved 7-0

234. Adopt the 2009 road tax levy at the same amount as 2008? (Public hearing held) A portion of the levy ($706,530) will be diverted for traffic enforcement in unincorporated areas of the county. AB 2008-372 (Ordinance 2008-50) Approved 7-0

235. Adopt the 2009 unified-fee-schedule? (Public hearing held) This is a schedule of fees charged by the county to provide services such as building permits, filing and licensing, animal control and charges for park facilities. AB 2008-373 (Ordinance 2008-51) Adopted and amended 4-3, Barbara Brenner,7 Sam Crawford and Ward Nelson opposed.

236. Amend ferry rates and the 2009 unified-fee-schedule? (Public hearing held) Delete summer surcharge and increase single ride fares to a higher year-round rate. Also added to ferry rates: a motorcycle multiride card rate and a resident school children multiride ticket for July through August. Effective 1/1/09. AB 2008-375 (Ordinance 2008-52) Adopted 6-1, Barbara Brenner8 opposed.

237. Adopt the 2009 and 2010 budget? (Public hearing held) The funding for the Roeder Home was dropped from the budget, but an advisory task force will be formed to discuss the Roeder Home’s future and report the findings by 3/27/09. AB 2008-227E (Ordinance 2008-53) Adopted 5-2, Barbara Brenner9 and Ward Nelson opposed.

238. Amend the 2008 budget (request #12) for $22,130? Appropriate: $15,000 to fund ammunition purchase for resale at the Plantation Rifle Range; $7,130 to fund a trail easement on the Hansen property east of Maple Falls. (The easement will allow the Bay to Baker Trail to be connected from park property in Maple Falls east to the Warnick Bridge.) AB 2008-391 (Ordinance 2008-54) Approved 7-0

⁵From Barbara Brenner: I opposed the flood control tax because we have many millions of dollars in funds that would more than cover the costs for issues for which this property tax increase (flood tax is based on property tax assessment) was claimed to be necessary. We also still have nonessential fluff in our budget. Before thinking about raising peoples’ taxes we should use existing available funds and remove nonessentials from our budget.

⁷From Barbara Brenner: I opposed the unified-fee-schedule because the administration continues to dramatically raise fees without any mathmetical explanations as to why they have gotten so high. Now fees include staff time added in, whether the staff is making efficient use of time or not. For years the council has requested a more comprehensive explanation regarding the amounts. We have never received it. In fact we were recently told the fee increases are required to make up for budget cuts. Fees are for services. They are not supposed to be used to offset budget shortfalls. That just encourages inefficiencies.

⁸From Barabara Brenner: I opposed amending the ferry rates because there is no comprehensive explanation. The ferry has been very inefficient, including creating a manager position. The ferry crew did fine without a noncrew manager. The council finally removed that position but there is a tipping point where if you raise fees too high you keep losing ridership to the point it does not work. We are at the tipping point. Also, road maintenance funds were removed, requiring riders to pay what, in effect, would be a toll if we did this to other roads in Whatcom County. The riders should pay what they pay for ferry use. But the road fund should pay for the dock maintenance because docks are simply roads with the middle removed.

⁹From Barbara Brenner: I opposed the 2009/2010 budget because the budget still contains non-essential, unnecessary expenditures. I supported the task force. My issues had nothing to do with the Roeder Home.