Whatcom County Council

Shall the council:

166. Authorize the executive to sign a $239,863 contract with Herrera Environmental Consultants of Seattle for phase II of the lower Canyon Creek design project? (Council acting as the flood control district board of supervisors.) The company will prepare project alternatives and bid-ready designs for salmon recovery and flood management work in the lower mile of the creek. This phase will target long-term habitat solutions. The project will be financed by two state grants and local flood funds. The contract runs from 9/15/2010 through 12/15/2011. (AB 2010-332) Approved 7-0

167. Authorize the executive to award the low bid of $130,894 to Colacurcio Brothers of Blaine for structural renovations to the day lodge at Silver Lake Park? The building was designed in 1969 and is experiencing rot damage. Work was advertised and six bids were received. (AB 2010-334) Approved 7-0

168. Authorize the executive to sign three contracts — totaling $138,500 — for WETNET service points? The WETNET project allows law enforcement agencies to share information. Two $36,000 contracts with Compuwork Pacific of Vancouver, B.C., will connect Sumas and Everson police departments. One $66,300 contract with Compu-Tech of Wenatchee will connect the Lynden Police Department. (AB 2010-338/339/340) Approved 7-0

169. Adopt the 2011 annual road construction program? County expenditures of $3,160,000 and total expenditures of $7,401,000 are the estimated cost of 34 projects. The construction program is identical to first year of six-year transporation plan which was approved at the 7/13/2010 meeting, vote number 133, except for two items. The county has received a $470,000 grant for item 8, the Bay Road fish passage culvert. The grant requires $74,000 in matching funds. Item 32, the fish passage project has been removed from the program. AB 2010-322 (Resolution 2010-35) Approved 6-1, Ken Mann opposed.

170. Approve one open space application? State law gives property tax relief to open space designations and decreases conversion to non-rural use. The Whatcom County Planning Commission recommended the council approve the one open space land application with public access. The 20.91 acres next to Terrill Creek and in the 7000 block of Knickerville Road is owned by Terrell Creek Conservation Easement. If the property is removed from the open space designation it is subject to an additional tax equal to the difference between the tax paid on the current use value and tax would have been paid on that land had it not been classified. The additional tax is payable for the last seven year, plus interest. AB 2010-331 (Resolution 2010-36) Approved 7-0

171. Approve the acquisition of land at 3421 South Pass Road? (Council acting as the flood control district board of supervisors) The Everson property has been identified as desirable for controlling naturally occurring asbestos from Swift Creek by providing a place for debris from creek floods. The purchase of the 14.25 acres for the appraised price of $360,000 will be funded from a million dollar appropriation from the local toxics control fund account authorized by the state Legislature in 2009 for the asbestos clean-up of the creek. AB 2010-333 (Resolution 2010-37) Approved 7-0

172. Establish Whatcom County Council meeting dates for 2011? The council will meet every other Tuesday beginning on January 11, except for August and December when one meeting is scheduled and Wednesday, November 9 to avoid Election Day. AB 2010-330 (Resolution 2010-38) Approved 6-1, Barbara Brenner1 opposed.

173. Amend parking restrictions on Locust Avenue? At the 7/13/2010 meeting, vote number 136, the council approved daytime parking restrictions on Locust Avenue. This ordinance imposes a dusk to dawn parking prohibition on Locust Avenue between the railroad tracks and Marine Drive. AB 2010-324 (Ordinance 2010-38) Adopted 7-0

174. Amend 2010 budget (request #15) in the amount of $1,324,953? Appropriate: $42,400 to fund the Forest Service contract for law enforcement in Baker Lake Recreation Area; $4,037 to fund Strengthening Families Program for classes for families with young teenagers to set goals and learn problem solving; $500,000 to fund Opportunity Council’s federal grant to complete a low-income housing rehab program; $143,325 to the ferry fund for insurance and Gooseberry Point tidelands lease expenditures; $112,191 to fund Point Roberts solid waste transfer station improvements; $124,500 to purchase development rights on the Vanderveen Property located between Van Buren and Trapline roads; $80,000 to assist funding Innovation Resource Center for staff salaries and expenses; $318,500 to fund tidelands interim lease agreement, increased cost during dry dock of passenger ferry and increased ferry insurance premiums. AB 2010-325 (Ordinance 2010-39) Adopted 7-0

Shall the council:

175. Authorize the executive to sign a $500 agreement with Puget Sound Energy for a 750 square foot easement for underground facilities at the north end of Hovander Park and adjacent to Hovander Road? An overhead primary line will be moved underground. (AB 2010-350) Approved 7-0

176. Authorize the executive to sign a joint funding agreement with the federal government for the annual operation and maintenance of six stream gages on the Nooksack River? (Council acting as the flood control district board of supervisors) The county’s share of the flood warning system will be $60,615 and the federal government’s will be $14,000. Agreements with the city of Bellingham and state of Washington provide additional funding. The agreement runs from 10/1/2010 to 9/30/2011. (AB 2010-346) Approved 7-0

177. Amend the county code for the flood zone advisory committee and subzone advisory committee? (Council acting as the flood control district board of supervisors) The amendments establish a January 31 term expiration date, includes an application deadline and clarifies the appointment process. AB 2010-143C (Resolution 2010-39) Approved 7-0

178. Authorize the sale of $6,180,000 in general obligation bonds? Approximately $3,200,000 will be used to purchase outstanding bonds and replace them with lower interest rate bonds. Approximately 60 percent of the $3,000,000 in bonds will be sold to replace the electronic controls in the jail and improve emergency exiting of the jail and will be recovery zone bonds, which will receive an interest rate subsidy from the federal government. AB 2010-344 (Ordinance 2010-40) Approved 7-0

179. Update and revise building codes? (Public hearing held) Adopted are the 2009 International Building Code, International Residential Code, International Fire Code, International Mechanical Code, International Fuel Case Code, Uniform Plumbing Code and the Washington State Building Code and Energy Code. The international codes are revised and updated on a three-year cycle. AB 2010-289 (Ordinance 2010-41) Adopted 7-0

180. Increase local excise taxes for enhanced 911 services? The last session of the Washington State Legislature allowed the county to impose a 20 cent increase in the excise tax on all phone lines for a total of 70 cents per month. The funds generated by this additional tax will not be distributed by the state to Whatcom County unless it imposes the tax increase. AB 2020-326A (Ordinance 2010-42) Adopted 5-2, Barbara Brenner2 and Kathy Kershner opposed.

181. Continue the interim moratorium on the acceptance of new applications for wind energy systems greater than 500 kilowatts or multiple systems with a cumulative output above l00 kilowatts? (Public hearing held) The original ordinance on wind energy systems was passed at the 10/21/2008 meeting, vote number 211; emergency ordinance imposing a moratorium on new applications was passed at the 2/23/10 meeting; vote number 43 and the interim moratorium was first passed at the 4/13/2010 meeting, number 68; wind energy systems in Commercial Forestry and Heavy Impact Industrial zones are permitted. Draft ordinances by Ken Mann and Barbara Brenner were sent to the planning commission for review. The continuation of the moratorium will allow the council more time to study the possible impacts. Ordinances must be renewed every six months. AB 2010-116E (Ordinance 2010-43) Adopted 6-1, Ken Mann opposed.

182. Amend the county code for conducting the County Council’s business? The amendments to Whatcom County Code 2.02 include: council vacancies, meeting rules, decorum of debate, powers and duties of the chair, annual reorganization and election of officers, standing committees and emergency ordinances. AB 2010-143A (Ordinance 2010-44) Adopted 6-1, Carl Weimer opposed.

183. Amend the county code for boards and commissions? Whatcom County Code 2.03 sets guidelines for the appointment and reappointments of councilmembers and non-council members to boards, committees and commissions. The amendment allows for a change in the terms of office expiration date for all appointments to clarify the rules for appointments and re-appointment of non-councilmembers to boards, committees or commissions. AB 2010-143B (Ordinance 2010-45) Amended and adopted 6-0, Bill Knutzen was out of the room.

183. Extend the sunset date for the Drayton Harbor, Birch Bay and Portage Bay Shellfish Protection Districts? The Drayton Harbor District was created at the 7/18/95 council meeting, the Portage Bay District at the 3/24/98 council meeting and the Birch Bay District at the 5/26/2009 meeting, vote number 136. The sunset date is changed from 12/31/2010 to 12/31/2012 so these groups can continue identifying and addressing pollution sources affecting marine environments. AB 2010-242 (Ordinance 2010-46) Adopted 7-0

Shall the council:

184. Authorize the executive to award the low bid of $4,053,422 to Tiger Construction of Everson for construction of the East Whatcom Regional Resource Center? The center 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. The work was advertised and six bids were received. (AB 2010-364A) Approved 7-0

185. Authorize the executive to sign a $63,401 contract with Reichhardt & Ebe Engineering of Lynden for Lily Point Marine Park? The contract covers site evaluation, facility programming, civil engineering, cost estimating and permitting for new parking and a concrete restroom facility at the trailhead, including pedestrian walkways, signage and trailhead improvements. The facility will be located near the end of APA Road in Point Roberts. The contract is funded by a state grant and it expires on 12/3l/2011. (AB 2010-367) Approved 7-0

186. Authorize the executive to sign a $41,937 contract with Avocet Environmental Testing of Bellingham to monitor water quality in the Birch Bay watershed? County employees will collect the surface water samples. Approximately 49 samples will be collected twice a month for bacterial analysis and 11 samples once a month for nutrient analysis. Avocet will provide laboratory analysis for fecal coliform, total nitrogen and total phosphorous. A federal grant will fund the testing. The contract runs from 10/27/2010 through 12/31/2012. (AB 2010-368) Approved 7-0

187. Authorize the executive to accept a $295,339 state grant to expand municipal stormwater programs? This is necessary to meet expanding compliance requirements over the next two years. The state is assisting with funds for monitoring, planning, public outreach and management required by the National Pollution Discharge Elimination System. (AB 2010-369) Approved 7-0

188. Sell surplus county property by public auction? (Public hearing held) The Finsrud Quarry property of approximately 9.34 acres will be sold to the highest bidder. The purchase must be paid in cash and the property will not be sold if the appraised value of $135,000 is not reached. AB 2010-357 (Resolution 2010-40) Approved 7-0

189. Order the cancellation of uncollected money for parking violations? Violator warrants that are $5 or less are not sent collection notices. There are 59 parking tickets issued from 9/1/2008 through 8/31/2009 with unpaid violations; the uncollectible fines total $295. AB 2010-365 (Resolution 2010-41) Approved 7-0

190. Order the cancellation of uncashed checks issued before 8/1/2009? There are 136 uncashed checks totaling $8,550. Whatcom County has 84 uncashed checks totaling $4,664 and the rural library, Point Roberts Park and Rec., cemetery, NWRC, fire and water districts have 52 uncashed checks totaling $3,886. 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 2010-366 (Resolution 2010-42) Approved 7-0

191. Establish speed limits on two county roads? (Public hearing held) The speed limit on the new West Illinois Street will be set at 25 mph and the 50 mph speed limit on East Badger Road reduced to 35 mph. A state realignment project shortened East Badger Road to a connection between Route 9 and north Telegraph Road. The new road named West Illinois Street connects Marine Drive to the existing West Illinois Street. The extension of Illinois was financed by the city of Bellingham, Whatcom County, Bellingham Technical College and Morse Steel. AB 2010-358 (Ordinance 2010-47) Adopted 7-0

192. Authorize the installation of stop signs on four streets? (Public hearing held) Construction has created new intersections and the need for traffic control. One sign will be on the new West Illinois Street where it intersects with Marine Drive; one on Lummi Shore Drive Y where it enters Lummi Shore Road; one on Karen Street where it enters Alder Street and one on Alder Street intersecting with First Street in Deming. AB 2010-359 (Ordinance 2010-48) Adopted 7-0

193. Revise the commercial mushroom production rules? (Public hearing held) (Council acting as the health board.) At the 10/26/2004 meeting, vote number 179, and 7/12/2005 meeting, vote number 133, the council established requirements for odor control, ground water protection and vermin management. The requirements were amended at the 7/25/2006 meeting, votes number 156 and 157. This revision exempts wood-inhabiting mushrooms such as shitaki, enoki and oyster mushrooms since their substrate does not generate odors or emissions known to impact public health. AB 2010-363 (Ordinance 2010-49) Adopted 7-0

194. Amend the 2010 budget (request #16) in the amount of $709,000? Appropriate: $9,000 to fund (WRIA 1) Watershed Resource Inventory Area program to continue providing public education for watershed planning and outreach; $700,000 to fund remodel of the Civic Center third floor and garden room conference area. AB 2010-360 (Ordinance 2030-50) Adopted 7-0

195. Amend the 2010 project budget (request #4) in the amount of $5,292,436? Transfer: $1,284,343 from the Public Utilities Improvement Fund to the East Whatcom Regional Center Fund. Appropriate: $4,008,093 to fund construction phase for East Whatcom Regional Resource Center from the Resource Center Fund. AB 2010-361 (Ordinance 2010-51) Adopted 7-0

196. Amend the zoning code for commercial mushroom production facilities? Wood and grain-based mushroom substrate production does not incorporate manure in the composting process and will not be subject to the same restrictions as manure-based mushroom substrate production. See vote 4J for the council acting as the health board. AB 2010-356 (Ordinance 2010-52) Adopted 7-0

197. Impose an emergency moratorium on the acceptance of new applications for subdivisions and short subdivisions in rural areas? The Whatcom County Council is considering changes to the comprehensive plan, zoning map and development codes. The ordinance takes effect immediately and is valid for 60 days. This moratorium does not prohibit the division of property into parcels of 10 acres or greater. Applications that were completed before the passage of the ordinance can continue. AB 2010-383 (Ordinance 2010-53) Adopted 7-0

^{1 - 2}Barbara Brenner's comments appear in the printed edition.