Whatcom County Council

Shall the council:

139. Send a letter to the federal government without a formal recommendation on the proposed names of two Whatcom County streams? The U.S. Board on Geographic Names seeks a recommendation on the two proposals. The proposed Buckingham Creek flows into Cain Lake and would be named after William Edwards Buckingham (1890-1980). The proposed Rufus Creek is a tributary of Beaver Creek and would be named after Rufus Green (d. 1962). Approved 5-1, Barbara Brenner1 opposed, Kathy Kershner absent.

140. Authorize the executive to sign a contract with the federal government for Baker Lake Recreational Area patrols and the purchase of communication equipment? The U.S. Forest Service will pay the county $27,100 for a patrol officer and vehicle for 40 shifts (10 hours each) and $15,300 for communication equipment to ensure protection of government property and public safety on forest service land during peak periods of public use. The contract runs from 7/15/2010 to 12/31/2010. (AB 2010-293) Approved 6-0, Kathy Kershner absent.

141. Authorize the executive to accept a $25,000 state grant for farmland preservation? This grant targets improvements to the purchase of development rights program by developing methods for mapping agricultural land in Whatcom County and incorporating a system by which farmers can estimate a value of their development rights. (AB 2010-296) Approved 6-0, Kathy Kershner absent.

142. Authorize the executive to sign a lease with Jim Snydar for the Hovander Homestead Park? Mr. Snydar will pay the county $3,000 to lease 80 acres; he has leased the property since 2006. He will cut the grass and remove the hay crop. The lease runs from 4/1/2010 through 12/31/2010. (AB 2010-297) Approved 6-0, Kathy Kershner absent.

143. Authorize the executive to sign a $20,000 contract with Drayton Archaeological Research of Blaine for archaeological services at Lily Point Marine Park? The services are funded by federal and state grants and require historic reviews, field survey and analysis for archaeological materials and assessment of shoreline erosion impacts. The contract expires on 6/30/2011. (AB 2010-298) Approved 6-0, Kathy Kershner absent.

144. Authorize the executive to sign a $50,000 contract with Aquatechnex of Bellingham for herbicide treatment and monitoring of flowering rush in Silver Lake near Maple Falls? Silver Lake is currently one of two locations in the state where the plant is found. Work will begin on 8/11/2010, with follow-up treatments, mapping and monitoring until 9/30/2012. The Washington State Noxious Weed Control Board classifies flowering rush a Class “A” noxious weed. The plant control is mandatory and is funded by a state grant received at the 6/8/2010 meeting, vote number 110. (AB 2010-299) Approved 6-0, Kathy Kershner absent.

145. Authorize the executive to sign an $85,000 contract with Shelterbelt, Inc. of Bellingham for herbicide treatment, mapping and monitoring of Japanese/Bohemian knotweed on the Nooksack River? The contract is for the upper reaches of the north, middle and south forks of the river and runs from 8/16/2010 through 9/30/2012. It is funded by a state grant that was received at the 6/8/2010 meeting, vote number 111. The Whatcom Noxious Weed Control Board has been working on the knotweed management project since 2003. Written permission will be obtained from landowners to treat on selected sites. (AB 2010-300) Approved 6-0, Kathy Kershner absent.

146. Approve public works contracts with six companies for on-call labor and rental of herbicide spraying equipment? The purpose of the bid is to obtain pricing and assure prevailing wages are paid. Contractors will only be used if there is specific need. The six companies: Aquatechnex, Hames Tree & Spray Service, Moore Fish Co./Southern Exposure Environmental and Shelterbelt, Inc. of Bellingham, Lakeland Restoration Services of Priest River, Idaho, and Northwest Aquatic Eco-Systems of Tumwater. (AB 2010-301) Approved 6-0, Kathy Kershner absent.

147. Authorize the sale of county-owned property at 2291 Smith Road? (Public hearing held) The property is east of the Everson-Goshen Road and was seized in a drug raid. A licensed realtor will sell the property. The county is owed $18,744 in back taxes and fees; the remainder of the proceeds shall go into the Drug Fund. AB 2010-291 (Resolution 2010-28)Approved 6-0, Kathy Kershner absent.

148. Authorize the application of a state grant for $962.72 to modify windows at the Plantation Rifle Range? The alternation will reduce meeting room noise that is generated in the adjacent firing line. The county will contribute $1,271.68 of in kind labor for the installation. AB 2010-295 (Resolution 2010-29) Approved 6-0, Kathy Kershner absent.

149. Approve the bank repair project at Dozer Corner? (Council acting as the flood control district board of supervisors) The project will repair a potential flood hazard on this portion of the Nooksack River. The flood control district will fund no more than $15,000 for design, permitting, land acquisition and construction with the Acme-Van Zandt subzone covering any additional costs. AB 2010-292 (Resolution 2010-30) Amended and approved 6-0, Kathy Kershner absent.

150. Adopt the work plan of the 2010-2014 Lake Whatcom Management Program? In 1998, Whatcom County, the city of Bellingham and the Lake Whatcom Water and Sewer District formalized their commitment to protect and manage the lake with the Lake Whatcom Management Program. On 4/20/2010, the joint councils and district held a public hearing with a 30-day comment period. Comments have been incorporated into the plan, which is ready for review and approval. The five-year plan provides guidance to achieve Total Maximum Daily Load of phosphorous and bacteria. It deals with land preservation and development, stormwater management, community education including information on reduction of the many kinds of pollution, and further quality monitoring. This work plan will be submitted to the state. AB 2010-303 (Resolution 2010-31) Approved 6-0, Kathy Kershner absent.

151. Request the executive draft a notification letter to the city of Bellingham of the county’s intent to amend the emergency medical services agreement? The council finds a general disregard by City of Bellingham administrators to the needs and well-being of Whatcom County citizens outside of Bellingham. The county intends on amending the agreement effective three calendar years from 1/1/2011. AB 2010-54D (Resolution 2010-32) Approved 4-2, Ken Mann and Carl Weimer opposed, Kathy Kershner absent.

152. Continue the interim moratorium on the acceptance of new applications for subdivisions within the Lake Whatcom watershed? (Public hearing held) Lots that remain five acres or greater are exempt from the moratorium. The moratorium was first passed at the 2/8/2005 meeting, vote number 46. This is the 12th time the moratorium has been continued with the last time at the 2/23/2010 meeting, vote number 39. The action is necessary to assess the threat development may be to future degradation of the drinking supply. Interim ordinances must be renewed every six months. AB 2010-101A (Ordinance 2010-34) Adopted 5-1, Sam Crawford opposed, Kathy Kershner absent.

153. Amend the county zoning ordinance relating to initiating zoning amendments? (Public hearing held) This amendment removes the limit on when the County Council can initiate zoning amendments, with no deadline for submitting applications. The Planning Commission held a public hearing 5/13/2010 and did not recommend approval. This amendment is consistent with the Comprehensive Plan and serves the public interest by providing flexibility to the legislative body of the county. The Department of Planning, the Planning Commission, the County Council and a citizen may initiate a zoning amendment. AB 2010-270A (Ordinance 2010-35) Adopted 6-0, Karen Kershner absent.

154. Amend the 2010 budget (request #14) in the amount of $771,900? Appropriate: $404,400 from the Conservation Futures Fund to purchase 21 development rights on 107 acres of the Jensen farm. A federal grant of $367,500 brings the total purchase price to $735,000 for easement purchases and other assessment costs including payment to the Whatcom Land Trust, closing and title insurance fees. AB 2010-290 (Ordinance 2010-36) Adopted 6-0, Karen Kershner absent

154. Amend the official county zoning map and county comprehensive plan and maps to implement changes required by the Growth Management Act? Multiple petitions for review of county action have been filed with the Western Washington Growth Management Hearings Board challenging the ordinance. The council has amended it based on a review of information regarding the urban growth areas for Birch Bay and Ferndale and has sent the amendments to the cities on 6/2/2010. The council voted to add an amendment to include Maritime Manos residential property to the Birch Bay UGA. Using the population projection of 247,755 to plan for county growth is critical for quality of life, protection of natural resources and economic health of the county. AB 2010-54D (Ordinance 2010-37) Amended and adopted 4-2, Ken Mann and Carl Weimer opposed, Kathy Kershner absent.

Shall the council:

155. Refer the establishment of a limited area of more intense rural development in a portion of the Caitac USA property to the Whatcom County Planning Commission? The Caitac property (600 acres) is north of Bellingham (formerly Wilder Farm/Cordata North, now Larrabee Springs). The planning commission will review the proposal and hold a public hearing. Approved 5-2,2 Ken Man and Carl Weimer opposed.

156. Uphold the Whatcom County Hearing Examiner’s decision not to overturn the determination of nonsignificance issued by the Whatcom County SEPA official? On December 29, 2008, Concrete Nor’West submitted a proposed Comprehensive Plan amendment/changes of zoning designation for the creation of a 280 acre mineral resource overlay district on land currently zoned commercial forestry. The SEPA official conducted no additional environmental review prior to issuing the determination of nonsignificance on December 1, 2009. Friends of Nooksack Samish Watershed appealed the decision by the SEPA official to the hearing examiner and the County Council. (AB 2010-263) Approved 5-2,3 Ken Mann and Carl Weimer opposed.

157. Grant a motion filed by the Whatcom County Flood Control District to dismiss an appeal filed by Sound Pacific Resource? On 2/25/2010, Kraig Olason, manager of the Birch Bay Watershed and Aquatic Resources Management District denied a request by Sound Pacific Resources that “Founding Members” at the resort be billed individually for stormwater assessments. Sound Pacific Resources appealed the decision to the Whatcom County Hearing Examiner. On 6/30/2010, the hearing examiner ruled in favor of Kraig Olason. Sound Pacific Resources appealed the decision to the County Council. On 8/18/2010, the Whatcom County Flood Control District filed a motion to dismiss the appeal based on the Whatcom County Council’s lack of jurisdiction over the actions of Kraig Olason. (AB 2010-275) Approved 7-0

158. Authorize the executive to accept federal/state grants of $276,919 to fund the Northwest Regional Drug Task Force? The task force works to apprehend and prosecute drug dealers, control drug trafficking, money laundering and drug related violent crimes. The grant runs from 7/1/2010 to 6/30/2011. (AB 2010-308) Approved 7-0

159. Authorize the executive to sign a contract with Chinook Enterprises to provide services to adults with developmental disabilities? Whatcom County owns the building at 3720 Williamson Way (see the council meeting on 7/27/2010, votes 134 and 137) and the Port of Bellingham owns the property. The building was constructed with funds that require the use by persons with disabilities or other employment barriers. The building was used by Current Industries for many years until it filed for bankruptcy this year. Chinook Enterprises of Skagit County is a similar nonprofit organization that was encouraged by businesses that used Current Industries services to expand to Whatcom County. The Port Commission at the 8/17/2010 meeting, vote number 119, approved a five-year lease with Chinook for the Bellingham airport property. Federal and state grants will fund this contract. (AB 2010-309) Approved 7-0

160. Authorize the executive to pay $29,990 to Romanaggi Valuation Services for land appraisal? Approximately 7,826 acres in Lake Whatcom watershed will the appraised. The state will return the land to Whatcom County for park purposes. (AB 2010-314) Approved 4-3 Barbara Brenner,4 Bill Knutzen and Ward Nelson opposed.

161. Authorize the executive to pay $66,043 to Atterbury Consultants of Beaverton, Oregon, for timber appraisal services? Timber will be appraised on 7,826 acres in the Lake Whatcom watershed. The state will return the timber to Whatcom County for park purposes. (AB 2010-315) Approved 4-3 Barbara Brenner,4 Bill Knutzen and Ward Nelson opposed.

162. Authorize the executive to accept a $500,000 pass-through federal grant for the Opportunity Council to rehabilitate low-income housing? The council at the 11/24/2009 meeting, vote number 257, supported the Opportunity Council application to the state housing rehabilitation program. The grant will rehabilitation 33 low-income, owner occupied housing units over a 24-month period. (AB 2010-320) Approved 7-0

163. Authorize the executive to pass-through a $500,000 grant to the Opportunity Council for the rehabilitation of low-income housing? The rehabilitation area is Whatcom County, except the city of Bellingham. (AB 2010-321) Approved 7-0

164. Approve recommendations for the expenditure of national forest-related federal funds? In 2011, Whatcom County will receive $1,593,313. Federal law requires that counties spend 80 percent of the federal funds received under Public Laws 106-393/110-343 for public schools ($636,000) and roads ($636,000). This vote suggests how the other 20 percent ($318,000) 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 U.S. Secretary of Agriculture makes the final decision for Whatcom and Skagit counties. AB 2010-306 (Resolution 2010-33) Approved 7-0

165. Support Whatcom County’s and Lummi Nation’s request for appropriation in the federal budget for fiscal year 2010-2011 for traffic improvements in and near Lummi Reservation? Portions of tidelands and uplands at the Gooseberry Point ferry landing is owned by the United States in trust for Lummi Nation. A request for $16 million dollars in federal funds comes out of Lummi Nation’s concerns about traffic and safety on Haxton Way and Slater Road in connection with the Lummi Island ferry operations. Tribal officials have indicated that consent for a continuation of the lease agreement is dependent upon provision for traffic improvements on the route to and from the ferry landing. AB 2010-328 (Resolution 2010-34) Approved 6-0-1, Kathy Kershner abstained.

^{1 - 4}Barbara Brenner's comments appear in the printed edition.