Whatcom County Council

Shall the council:

190. Authorize the executive to pass through a $500,000 state grant to the Kulshan Community Land Trust? The grant will help fund 20 permanently affordable homes. The county is responsible for administering the funds are used in accordance with program requirements. (AB 2009-330B) Approved 6-0, Sam Crawford absent.

191. Authorize the executive to sign a $24,550 contract (amendment #11) with Jones & Stokes Associates of Bellevue for extension of scope of services to Comprehensive Plan update? State law requires a review of Urban Growth Areas every 10 years and Comprehensive Plan and development regulations every seven years. The UGA review will be competed by 12/1/09 and the Comprehensive Plan by 2011. The consultant must consider community values, environmental impacts, growth planning and comply with state law. The total contract for phase two is $324,543 and the expiration date is 12/31/09. (AB 2009-333) Approved 5-1, Barbara Brenner2 opposed, Sam Crawford absent.

192. Authorize the executive to award the low bid of $220,640 to Wellman & Zuck Construction of Bellingham for the demolition of eleven buildings at Bay Horizon Park in Birch Bay? The park is located at the former U.S. Air Force radar base; many buildings are in disrepair and in the way of future park planning. The work was advertised and 11 bids were received. (AB 2009-334) Approved 6-0, Sam Crawford absent.

193. Authorize the executive to sign a $131,650 contract with Land Development Engineering & Surveying of Ferndale for design assistance with stormwater projects in the Lake Whatcom and Birch Bay watersheds? Water quality and flooding issues in Silver Beach Creek basin and Birch Bay will be covered by this contract. The contract runs from 8/5/09 to 12/31/10. (AB 2009-335) Approved 6-0, Sam Crawford absent.

194. Adopt a work plan and a budget of $229,522 for the Birch Bay Watershed and Aquatic Resources Management District for the remainder of 2009? (Council acting as the flood control district board of supervisors) This is the beginning of the Birch Bay watershed stormwater plan. It includes water quality monitoring, education and maintenance and partnering with other organizations on stormwater issues. On July 2l, the council requested additional information regarding pay and benefits of the watershed steward and extra help. The Human Resources Department then established a $40,789 salary with $12,881 in benefits. AB 2009-315 (Resolution 2009-45) Substitute approved 6-0, Sam Crawford absent.

195. Install temporary stop signs on Abbott and Van Dyk roads at the intersection of Thiel Road and put weight restrictions on portions of Abbott, Thiel and Van Dyk roads? (Public hearing held) The construction of Hannegan Road-Scott Ditch bridge will require the closure of Hannegan Road for approximately 10 weeks; the detour route will be along Abbott, Thiel and Van Dyk roads. See the 7/21/09 meeting, vote number 181, for details on the bridge construction. AB 2009-304A (Ordinance 2009-61) Approved 6-0, Sam Crawford absent.

196. Reduce the rural residential district on Lummi Island? (Public hearing held) The density will be reduced from one dwelling per three acres to one dwelling per five acres and includes the recommendation from the groundwater study to add protective measures for the Lummi Island aquifer system. AB 2009-286A (Ordinance 2009-62) Amended and adopted 5-1, Ward Nelson opposed, Sam Crawford absent.

197. Add groundwater protection measures for northern Lummi Island? (Public hearing held) A groundwater study initiated by the county Health Department and performed by Aspect Consulting documented increased rates of dry wells, arsenic contamination and chloride levels and recommended regulations for new wells on northern Lummi Island. AB 2009-285A (Ordinance 2009-63) Adopted 4-2, Barbara Brenner3 and Ward Nelson opposed, Sam Crawford absent.

198. Amend the 2009 budget (request #9) in the amount of $974,174? Appropriate: $16,669 for emergency management and $152,000 for courthouse roof replacement. Pass through: $500,000 state grant to the Kulshan Community Land Trust. Transfer: $305,505 of no longer used water resources funds ($168,028 returned to general fund and $137,477 returned to flood fund). AB 2009-329 (Ordinance 2009-64) Approved 6-0, Sam Crawford absent.

Shall the council:

199. Authorize the executive to accept a federal grant of $592,933 for conservation easements? The easements will protect farms from conversion to non-agricultural uses under the purchase of development rights program. Pending conservation easement offers: John and Diane VanderVeen, 129 acres, $259,920; Shannon and Larae Tjoelker, 80 acres, $90,270 and Dean and Heather Tjoelker, 116 acres, $242,743. County matching funds come from the Conservation Futures Fund. Expiration date: 9/30/13. (AB 2009-347) Approved 7-0

200. Authorize the executive to sign an agreement with the state of Washington for creosote log removal at Cherry Point? In 2008, volunteers mapped 10.5 tons of creosote debris and treated lumber from piers. The contaminants in nearshore marine environment affect forage fish such as the Pacific herring, the population having declined 94 percent in recent years. The $9,466 for log removal is funded by a grant from the Northwest Straits Commission. The work must be completed by 6/30/10. (AB 2009-350) Approved 7-0

201. Allocate $250,000 in 2060 capital funds to the Bellingham Whatcom County Housing Authorities for repair of affordable housing units? The money will be used to repair 91 low-income housing units at Varsity Village, located at 2400 to 2498 McKenzie Ave. and 2401 Donovan Ave. Low-income is defined as at or below 50 percent of the area median income. (AB 2009-351) Approved 7-0

202. Authorize the executive to sign an $80,625 contract with the federal government for patrol services? The U.S. Department of Agriculture will pay the county to provide a deputy in a marked car to patrol the Mount Baker-Snoqualmie National Forest within Whatcom County. The contract runs from 10/1/08 through 12/31/09. (AB 2009-353) Approved 7-0

203. Authorize the executive to award the low bid of $119,838 to Nolan’s Roofing of Ferndale to replace the Courthouse roof? Budget request #9 (8/4/09 meeting, vote number 198) approved $152,000 for the roof replacement. The work was advertised and four bids were received. (AB 2007-355) Approved 7-0

204. Authorize the executive to award the low bid of $54,412 to HB Hansen Construction of Lynden to repave the parking lot at Lighthouse Marine Park? The park is located on the southwest corner of Point Roberts and is one of the best places to view Orca whales from land. The park has 25 campsites with a limit of eight people per site. The work was advertised and three bids were received. (AB 2009-356) Approved 6-1, Barbara Brenner4 opposed.

205. Enter into a contract with Bricklin & Newman of Seattle (Amendment #3) for legal representation? The contract doesn’t require the additional expenditure of money. The law firm will defend the county in petitions filed with the Western Washington Growth Management Hearings Board, advise the county in the 10-year review of the urban growth area, represent the county on petitions filed in Snohomish County Superior Court and these matters with the Washington Court of Appeals and Washington Supreme Court. The amendment commences on 9/1/09 and terminates on 8/31/10. (AB 2009-365) Approved 6-1, Sam Crawford opposed.

206. Approve recommendations for the expenditure of national forest-related federal funds? In 2011, Whatcom County will receive approximately $1.77 million. Federal law requires that counties spend 80 percent of the federal funds received under Public Laws 106-393/110-343 for public schools ($707,000) and roads ($707,000). This vote suggests how the other 20 percent ($354,000) should be spent: new trails and trail 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 2009-349 (Resolution 2009-46) Approved 7-0

207. Request information from the executive for the mid-biennium 2009-2010 budget review? The 2009-2010 was adopted at the 11/25/08 meeting, vote number 237. The budget must be significantly adjusted due to the economic situation, so information is needed before October l9. Some councilmembers felt, since executive has been providing information as soon as available, that this resolution was not needed. AB 2009-366 (Resolution 2009-47) Approved 5-2, Sam Crawford and Ward Nelson opposed.

208. Approve the Birch Bay Water and Sewer District Comprehensive Water System Plan? On June 8, 2009, the water plan, dated March 2009, was submitted to the county for approval. The Whatcom County Health Department and the engineering division of public works reviewed the plan and submitted letters of approval. State law requires the County Council to approve the plan. AB 2009-030A (Resolution 2009-48) Approved 7-0

209. Approve the Birch Bay Water and Sewer District Comprehensive Sewer System Plan? On June 23, 2009, the sewer plan, dated May 2009, was submitted to the county for approval. The Whatcom County Health Department and the engineering division of public works reviewed the plan and submitted letters of approval. State law requires the County Council to approve the plan. AB 2009-030B (Resolution 2009-49) Approved 7-0

210. Approve councilmembers’ salaries for the years 2012 and 2013? At the 4/26/05 meeting, vote number 90, the council approved salaries of $18,000 for 2008 and $19,000 for 2009. At the 9/11/07 meeting, vote number 182, the council approved increases of $19,500 for 2010 and $20,000 for 2011. This vote increases salaries to $21,000 in 2012 and $21,500 in 2013. Councilmembers must be re-elected before they receive the increase. AB 2009-342 (Resolution 2009-50) Approved 6-1, Barbara Brenner5 opposed.

211. Establish Whatcom County Council meeting dates for 2010? The council will meet every other Tuesday beginning on January 12, except for August and December when only one meeting is scheduled. AB 2009-346 (Resolution 2009-51) Approved 6-1, Barbara Brenner6 opposed.

212. Continue the interim moratorium on the acceptance of new applications for subdivisions within the Lake Whatcom watershed? (Public hearing held) All remaining lots five acres or greater shall be exempt from the moratorium. The moratorium was first passed at the 2/8/05 meeting, vote number 46. This is the 10 time the vote has been renewed with the last renewal at the 3/17/09 meeting, vote number 57. County planning is presently reviewing and considering removing from the UGA, the LAMIRD study area (37 parcels) and Geneva UGA (49 parcels), before the interim ordinance expires in March of 2010. Interim ordinances must be renewed every six months. AB 2009-332 (Ordinance 2009-65) Adopted 5-2, Sam Crawford and Ward Nelson opposed.

213. Adopt an interim ordinance clarifiying “parcel” in the Agriculture Protection Overlay zone? At the 4/17/01 meeting, vote number 56, the council amended the overlay zone to enhance compliance with the Growth Management Act. That amendment has led to inconsistent applicability for 20-acre parcels. This amendment includes adjoining rights-of-way in calculating parcel size, and frees more land requiring cluster techniques. (Development is limited to 25 percent of the parcel, leaving 75 percent as viable agriculture lands.) Interim ordinances must be renewed every six months. AB 2009-338 (Ordinance 2009-66) Adopted 5-2, Sam Crawford and Ward Nelson opposed.

^1-6Barbara Brenner's comments appear in the printed edition.