Whatcom County Council

Shall the council:

42. Adopt regulations and add definitions that clarify terms for pedestrian-oriented streetscapes in urban growth areas? (Public hearing held) The planning commission after a public hearing last September recommended approval of an amendment that would prohibit garages from dominating the front of the house. Garages would be set back five feet from the front of house and the garage could not occupy more than 50 percent of the front building facade. Some people refer to houses with dominating garages as “snout houses.” See vote 56 for the removal of the “snout house” provision. (AB 2008-398A) Failed 2-5, Barbara Brenner,1 Sam Crawford, Bob Kelly, Ward Nelson and Carl Weimer opposed.

43. Uphold the Whatcom County Hearing Examiner’s decision on an a boundary line adjustment? The Whatcom County Hearing Examiner denied a boundary line adjustment for two lots owned by R. Emil Hecht at 156 Soundview Road and 701 Chuckanut Shore Road that abut the Great Northern Railroad right-of-way. The hearing examiner concluded that the two lots were not contiguous, therefore ineligible for a boundary line adjustment. Mr. Hecht appealed the decision to the County Council. (AB 2008-453) Approved 5-2, Barbara Brenner2 and Laurie Caskey-Schreiber opposed.

44. Authorize the executive to spend $1,800,000 to purchase the building at 215 N. Commercial Street? The property — appraised at $1,900,000 — is on the southwest corner of Commercial and Central and is currently rented for the public defender’s office. (AB 2009-119) Approved 7-0

45. Shall the Columbia Valley area be considered a “limited area of more intense rural development” instead of an urban growth area3 in the 10-year review process? (Pubic hearing held) This LAMIRD would eliminate the Columbia Valley/Kendall Urban Growth Area and reduce extensive rural development in Deming, Welcome, Maple Falls and the Glacier area. (AB 2009-131) Failed 3-4, Barbara Brenner,4 Laurie Caskey-Schreiber, Sam Crawford, Ward Nelson opposed.

46. Authorize the executive to sign a $579,090 contract with the state of Washington military department to purchase equipment for the sheriff’s office? The contract will be financed by a grant from the U.S. Department of Homeland Security. Approximately $186,000 will purchase radios and night vision equipment and $310,000 will purchase a command vehicle for responses to incidents in the Newhalem-Ross Lake area. (AB 2009-139) Approved 7-0

47. Approve the demolition of 11 buildings at Bay Horizon Park? The buildings are in derelict condition and contain asbestos. The Bay Horizon Park (former Blaine Air Force Base) was acquired from the federal government at no cost to the county. The cost of demolition and asbestos abatement is estimated at $368,533. (AB 2009-141) Approved 7-0

48. Authorize the executive to sign a $450,000 contract with Stewart+King Architects of Bellingham for the planning, design and the administration of construction for the East Whatcom Regional Resource Center? The total cost is estimated at $7 million. The project will be a 12,000 square foot structure providing economic development, family support and health services that benefit low- and moderate-income persons in the Kendall area, a growing but isolated area of the county. (AB 2009-149) Approved 7-0

49. Amend the Birch Bay Watershed Aquatic and Resources Management District funding mechanism? (Council acting as the board of supervisors of the flood control district held a pubic hearing.) Allows the consolidation of adjacent lots for nonresidential stormwater fees, establishes penalty rates for delinquent accounts and utilizes the Whatcom County Hearing Examiner for final appeals. This resolution amends votes 140 and 141 approved at the 7/22/08 meeting. AB 2009-130 (Resolution 2009-15) Approved 7-0

50. Set March 31 as the public hearing date to sell tax-title property by negotiation? TR 2009-01 is in Blaine and will be sold for no less than taxes and expenses of $643.13 to the Whatcom County parks department. When a property is sold to a governmental agency for public purposes, negotiation is legal. AB 2009-144 (Resolution 2009-16) Approved 7-0

51. Set March 31 as the public hearing date to sell tax-title property by negotiation? TR 2009-02 is near Heights Drive in Ferndale and will be sold for no less than taxes and expenses of $836.33. The currently assessed value of the property is $400; when property is assessed at less than $500, it can be sold to an adjoining landowner by negotation. AB 2009-145 (Resolution 2009-17) Approved 7-0

52. Authorize the executive to award the low bid of $2,579,825 to the Max J. Kuney Company of Spokane to replace the Hampton Road/Mormon Ditch Bridge? The bridge is south of the Lynden city limits. Federal funds will provide 100 percent of the bridge construction costs; local funds are required for bridge approach, road realignment and right-of-way acquisition. The total cost of the project is estimated at $4,337,390. The work was advertised and 14 bids were received. AB 2009-150 (Resolution 2009-18) Approved 7-0

53. Adopt the recommendations of the oversight committee for seven applications5 under the Purchase of Development Rights program and authorize the executive to proceed with acquisition process? The Purchase of Development Rights program acquires conservation easements to protect farms from conversion to nonagricultural uses. A total of 615 acres are under consideration. AB 2009-138 (Resolution 2009-19) Approved 7-0

54. Amend the Whatcom County Shoreline Management Program? The state Legislature passed the Shorelines Management Act in 1971. 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. At the 8/5/08 meeting, vote number 155, the council approved changes to the program recommended by the state Department of Ecology. This vote addresses public concerns over damage to nonconforming structures, the 2,500 square foot buildable area on nonconforming lots and changes to the Cherry Point management area. AB 2008-303C (Resolution 2009-20) Approved 7-0

55. Protect the Lake Padden watershed from degradation? (Public hearing held) This final ordinance preserves and protects water quality from stormwater runoff and clearing activity. Interim ordinances were passed at the 9/25/07 meeting, vote number 198; 3/13/08 meeting, vote number 50 and 9/9/08 meeting, vote number 175. AB 2009-118 (Ordinance 2009-09) Adopted 5-2, Sam Crawford and Ward Nelson opposed.

56. Adopt regulations and add definitions that clarify terms for pedestrian-oriented streetscapes in urban growth areas? This ordinance is identical to vote 42 but with the “snout house” provision removed. (Pubic hearing held) AB 2008-398 (Ordinance 2009-10) Adopted 6-1, Bob Kelly opposed.

57. Continue the interim moratorium on the acceptance of new applications for subdivisions within Lake Whatcom watershed? (Pubic hearing held) All remaining lots five acres or greater shall be exempt from the moratorium. The moratorium was first passed at the 4/26/05 meeting, vote number 91. This vote is the eighth time it has been renewed. Interim ordinances must be renewed every six months. AB 2008-114C (Ordinance 2009-11) Adopted 5-2, Sam Crawford and Ward Nelson opposed.

58. Amend the 2009 project budget (request #1) in the amount of $900,000? Appropriate: $450,000 to fund planning and design for the East Whatcom Regional Resource Center. Transfer: $450,000 from the public utilities improvement fund to the East Whatcom Regional Resource Center construction fund. The project is a community facility in eastern Whatcom County. AB 2009-129 (Ordinance 2009-12) Approved 7-0

59. Amend the Whatcom County Shoreline Management Program? This vote modifies the ordinance passed at the 2/27/07 meeting, vote number 53. These amendments concern the shoreline map and zoning to update the program to meet requirements of the state guidelines and changes. AB 2008-303 (Ordinance 2009-13) Adopted 4-3, Ward Nelson, Sam Crawford and Barbara Brenner6 opposed.

Shall the Council

60. Authorize the executive to award the county legal notices contract to The Bellingham Herald? Since March of 1998, The Bellingham Herald, the only daily newspaper published in Whatcom County, has been designated as a sole source, exempting it from formal bidding. Advertising rates will be $11.34 a column inch for the first insertion, the same price as last year, but the width of a column has decreased by 31 characters. The contract runs from 7/1/09 through 6/30/10. (AB 2009-164) Approved 7-0

61. Authorize the executive to sign an agreement with the city of Bellingham (supplement #1) for the design of West Illinois Street/Timpson Way? The original agreement with the city of Bellingham was approved at the 7/24/07 meeting, vote number 153. In that agreement, Timpson was misspelled Timson. The new road will start at Marine Drive and end at West Illinois Street. The estimated cost of construction is $2.2 million. The road will be two lanes with curbs and gutters, a sidewalk on one side and two bike lanes. The new road will be funded by the city of Bellingham (55 percent), Whatcom County (23 percent), Bellingham Technical College (17 percent) and Morse Steel (5 percent). Upon completion of construction, the county will own and maintain the road. (AB 2009-166) Approved 7-0

62. Authorize the executive to sign a $26,000 contract with ESA Adolfson of Seattle, for consulting services for the Birch Bay watershed action plan? This contract awards money for task one of a five-task scope of work. The consultant will help initiate strategies for watershed-based land use identified in the Birch Bay pilot study. Tools that may be implemented include low impact development, farm management plans, clustering, sensitive area buffers, etc. The contract runs from 3/20/09 through 12/31/10. (AB 2009-167) Approved 7-0

63. Authorize the executive to sign a $20,000 contract with Columbia Valuation Group of Shoreline for five property appraisals? The property owners are applying for conservation easements under the Purchase of Agricultural Development Rights program. Establishing the difference between the market value and the agricultural value of a property will determine its developmental rights (easement) value. Columbia has agreed to discount their past price of $4,500 per appraisal if the five appraisals are done in conjunction with each other. (AB 2009-168) Approved 7-0

64. Authorize the executive to award the low bid of $135,301 to IMAC of Mount Vernon, for the upgrade and installation of an exhaust system at the central shop? The exhaust system will ventilate the north and south bays of the mechanical shop area. The work was advertised and two bids were received. (AB 2009-169) Approved 7-0

65. Authorize the executive to award $85,000 in bids for the supply and delivery of asphaltic mixes for county road projects? Low bidders are Associated Asphalt of Ferndale, Cemex of Burlington, Granite Northwest of Bellingham and Whatcom Builders of Bellingham. Price, location of work and type of mix available will determine which company is used. (AB 2009-170) Approved 7-0

66. Authorize the executive to use a state contract for the purchase of glass beads for traffic marking paint? A state contract for glass beads has been awarded to Alpine Products of Auburn and Potters Industries of Canby, Ore. In the past (1/16/08 meeting, vote number 3), glass beads and traffic marking paint have been combined in the same vote. The latest purchase of traffic paint was approved at the 12/9/08 meeting, vote number 251. This vote authorizes the expenditure of $77,000 on an as-needed basis. (AB 2009-171) Approved 7-0

67. Authorize the executive to award the low bid of $179,264 to Northwest Pump and Equipment of Kent for an above-ground fuel storage tank and pump station? The 20,000- gallon storage tank will be located at the central shop and dispense biodiesel for county vehicles. The work was advertised and two bids were received. (AB 2009-172) Approved 7-0

68. Sell tax-title property by negotiation? (Public hearing held) TR 2009-01 encompasses a vacant street alley next to the Tacoma addition in Blaine and will be sold for no less than taxes and expenses of $643.13 to the Whatcom County parks department. When property is sold to a governmental agency for public purposes, negotiation is legal. AB 2009-144A (Resolution 2009-21) Approved 7-0

69. Sell tax-title property by negotiation? (Public hearing held) TR 2009-02 is in Scenic Heights, which is north of Mountain View Road and west of Church Road and will be sold for no less than taxes and expenses of $836.33. The currently assessed value of the property is $400; when assessed at less than $500, property can be sold to an adjoining landowner by negotation. AB 2009-145A (Resolution 2009-22) Approved 7-0

70. Order the cancellation of uncashed checks issued before 12/31/06? The total for 112 inmate trust fund checks is $925.94. 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 2009-174 (Resolution 2009-23) Approved 7-0

71. Amend the 2009 flood control district budget (request #2) in the amount of $54,000? (Public hearing held by council acting as the flood control district board of supervisors). The $54,000 is unused 2008 grant money for the Marine Resources Committee. It will fund priority marine projects on water quality, clam enhancement, nearshore and rockfish habitat assessment and community outreach. AB 2009-154 (Resolution 2009-24) Approved 7-0

72. Initiate7 comprehensive plan and zoning amendments for 2009? Seventeen amendments were proposed; 13 were initiated and forwarded to the planning commission. One was from 2006; it was: 2006-00005. Seven were from 2008; they are: 2008-B, 2008-C, 2008-E, 2008-G, 2008-I, 2008-L and 2008-M. Five are from 2009, they are: 2009-E, 2009-F, 2009-G, 2009-H, 2009-I and 2006-00005. Applications 2009-A, 2009-B and 2009-D were not initiated on recommendations of staff and a council vote to initiate 2009-C failed. AB 2009-178 (Resolution 2009-25) Substitute approved 5-2, Barbara Brenner8 and Sam Crawford opposed.

73. Install stop signs on Vista Drive at Brown Road? (Public hearing held) Stop signs will be installed on the northbound and southbound directions of Vista Drive. The intersection will be modified from a two-way stop to a four-way stop. AB 2009-155 (Ordinance 2009-14) Approved 7-0

74. Lower the speed limit on Vista Drive from Aldergrove Road to Grandview Road? (Public hearing held) A traffic study was conducted on Vista Road and the county road engineer recommended the speed limit be reduced from 50 to 35 miles per hour. AB 2009-156 (Ordinance 2009-15) Approved 7-0

75. Continue temporary traffic control signs and weight restrictions on Emerald Lake Way? (Public hearing held) A landslide on 1/9/09 removed 80 feet of the north shoulder and closed Emerald Lake Way. At the 1/27/09 meeting, vote number 30, stop signs and weight restrictions were placed on the road. It reopened as a one-lane roadway with stop signs at both ends of the slide area and five-ton weight restrictions. A large amount of groundwater is running through the slide so the area will not repairable until the site dries out, which may be late spring or summer. The emergency ordinance passed at the 1/27/09 meeting expires on 4/10/09. AB 2009-92A (Ordinance 2009-16) Approved 7-0

76. Establish new boundaries for all voting precincts in Whatcom County? The changes are needed to correct errors in legal descriptions of some precinct boundaries, annexations by the city of Lynden and new ward boundaries redrawn by the city of Blaine. Candidate filings begin on 6/1/09; state law mandates that new boundaries must be established by 5/1/09. AB 2009-152 (Ordinance 2009-17) Approved 7-0

77. Amend the 2009 budget (request #3) in amount of $700,867? Reappropriate: $257,593 for the jail siting contract with HDR Engineering of Bellevue. Appropriate: $18,804 for the sheriff’s department to fund equipment for combating the amphetamine problem and $14,105 to fund a long-range night vision spotting scope for the response team; $74,365 to planning and development to complete planning and funding for the WRIA l watershed management plan through 6/30/09; $336,000 to public works for capital equipment related to a biodiesel tank system for low-sulfur diesel and for equipment related to an exhaust system upgrade at the central shop. Dropped from the original proposal of $720,867 was $20,000 for the the Economic Development Council; Sam Crawford proposed removing the $20,000 to revisit the request. AB 2009-153 (Ordinance 2009-18) Amended and adopted 6-1, Barbara Brenner opposed.9

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

⁷Initiated and forwarded to the planning commission:

2006-00005: Rezone approximately 80 acres from rural forestry to urban residential-4 in the Columbia Valley/Kendell area.

2008-B: Adopt a new Lummi Island subarea plan; repeal the the 1979 plan.

2008-C: Adopt a new Foothills subarea plan; delete the 1988 plan.

2008-E: Update the park, recreation and open space plan.

2008-G: Update the agricultural comprehensive plan.

2008-I: Correct text inaccuracies that prevent Fire District 13 from providing fire protection and emergency services in the Birch Bay Urban Growth Area.

2008-L: Review the comprehensive plan and zoning for compliance with “limited areas of more intensive rural development” as required by the Growth Management Act.

2008-M: Update the concurrency management program.

2009-E: Remove mineral resource land designation for 4.4 acres near Maple Falls.

2009-F: Change the designation on 280 acres near Wickersham from commercial forestry to mineral resource land.

2009-G: Complete a review and revision of the county-wide UGA designations by 6/30/09.

2009-H: Establish a county-wide lot consolidation plan to prevent encroachment of incompatible uses on agricultural lands.

2009-I: Change a Geneva UGA designation and appropriate zoning from urban residential (UR-3) to rural (R5).