Whatcom County Council

Editor’s Note: At the 11/24/09 council meeting Bob Kelly announced his resignation, effective 11/26/09. The County Council received 24 applications for the first district vacancy plus one nomination by Sam Crawford. The council voted at the 12/8/09 meeting to fill the vacancy but none of the candidates received four votes. The decision went to Whatcom County Executive Pete Kremen and he picked Ward Nelson to fill the position until the 2010 general election results are official.

Shall the council:

275. Prohibit the purchase of multi-dog licenses in unincorporated areas of the county? The repeal was intended to increase revenue by approximately $10,000 and provide better management of adult dog ownership. (AB 2009-450) Failed 3-3, Barbara Brenner,1 Sam Crawford and Ward Nelson opposed.

276. Authorize the executive to sign an agreement with the Whatcom County Flood Control District for the 2009-2010 Marietta acquisition project? The acquisition of three properties in Marietta falls within the recommendations of the Nooksack River flood management plan. The January 2009 floods significantly damaged three properties (damages exceeded 50 percent of the structural value) with a fourth being considered. The flood control district will retain the titles and keep them in open space in perpetuity. (AB 2009-459) Approved 6-0

277. Authorize the executive to accept a $343,090 federal/state grant to purchase three flood damaged properties in Marietta? The buildings were substantially damaged in the January 2009 flood. The hazard mitigation grant program provides federal (75 percent) and state (12.5 percent) funding for 87.5 percent of the cost. The buildings will be removed and the property converted to open space by 11/5/2011. (AB 2009-460) Approved 6-0

278. Authorize the executive to sign a $1,125,000 contract (renewal #1) with Burlington Environmental of Renton to operate the toxics disposal site at 3505 Airport Drive? The facility handles household and moderate risk hazardous waste. The contractor is responsible for maintaining four used motor oil and antifreeze stations and holding two off-site collection events. This three-year contract ($375,000 annually) runs from 1/1/10 through 12/31/12. (AB 2009-461) Approved 6-0

279. Authorize the executive to sign a $400,000 contract (amendment #1) with Reisner Distributor of Lynden to provide a magnetic card lock fueling system for fleet vehicles? Both unleaded gasoline and ultra low sulfur #2 diesel are available at seven county pump locations. The two-year contract is extended from 1/1/10 through 12/31/11. This contract can be renewed one more time. (AB 2009-463) Approved 6-0

280. Authorize the executive to sign a $39,339 contract (amendment #2) with Wellman & Zuck Construction of Bellingham for the demolition of 11 buildings at Bay Horizon Park in Birch Bay? The park is located at the former U.S. Air Force radar base. This amendment covers unanticipated concrete removal and top soil replacement. The contract is extended from 11/17/09 to 12/31/09 for a total amended amount of $266,066. (AB 2009-464) Approved 6-0

281. Authorize the executive to sign a $533,343 contract with David Evans and Associates of Olympia for the final design to replace the Potter Road South Fork Bridge? A single-lane bridge was built over the South Fork of the Nooksack River near Van Zandt in 1927. It will be replaced with a two-lane bridge with paved shoulders for bicycles and updated changes of alignment and gradient. Federal funds will pay 80 percent ($426,675) of the cost, with county paying the remaining $106,668. (AB 2009-466) Approved 6-0

282. Authorize the executive to sign a $109,946 contract with Wilson Engineering of Bellingham to develop a comprehensive stormwater plan for the Lake Samish basin? The plan is to provide guidance to the community and the county regarding maintaining water quality and quantity goals for stormwater, including input and feedback from the public. The contract runs from 12/9/09 through 6/30/11. (AB 2009-468) Approved 6-0

283. Authorize the executive to sign a $29,997 contract with Anchor QEA of Seattle to assess riparian vegetation conditions and functions from Point Whitehorn north to the Canadian border? This will include coastal streams (Dakota and California Creeks). The data will prioritize locations for restoration to benefit water quality, shellfish and salmon recovery. The contract runs from 12/9/09 through 11/30/10. (AB 2009-469) Approved 6-0

284. Authorize the executive to sign an agreement with the city of Bellingham and the Lake Whatcom Water and Sewer District to share the costs of the Lake Whatcom tributary monitoring project? At the 11/10/09 meeting, vote number 244, the council approved a $349,514 contract with Brown and Caldwell Environmental Engineers and Consultants for tributary monitoring. The county will be responsible for 45 percent ($157,281), the city of Bellingham for 45 percent ($157,281) and the water and sewer district for 10 percent ($34,951). (AB 2009-470) Approved 6-0

285. Authorize the executive to award the low bid of $150,791 to Award Construction of Bellingham for the installation of two biodiesel tanks at the Central Shop? The bid includes a change from a wireless to hardwired camera system to avoid airplane interference. Half the purchase price of the two tanks ($180,000) will be covered by a grant from the Northwest Clean Air Agency. A contingency fee of $7,550 brings the total contract to $158,341. The work was advertised and six bids were received. (AB 2009-471) Approved 6-0

286. Authorize the executive to sign a $104,618 contract with Whatcom Counseling and Psychiatric Clinic of Bellingham for mental health services? The services for acute mentally ill offenders in the jail include crisis management and stabilization and release care coordination. (AB 2009-476) Approved 6-0

287. Authorize the executive to sign a $37,500 contract (amendment #1) with Geneva Consulting of Bellingham for continued phase four implementation of the WRIA 1 Watershed Management Program? The purpose of WRIA 1 is to direct governing structures to provide greater cooperation between programs, receive citizen input, better management of in-stream and out-of-stream flows. A detailed implementation plan was approved 7/24/07 meeting, vote number 156. The contract is extended through 12/31/10 and is funded by state watershed funds. This amendment brings the total contract to $63,900. (AB 2009-481) Approved 6-0

288. Authorize the executive to sign a $100,000 amended con-tract with the Northwest Economic Council for assistance with the oversight of the Economic Development Investment fund and expanded outreach to the business community? The additional services will focus on job retention and growth. The total amended contract is $145,000 and is extended through 12/3/10. (AB 2009-482) Approved 6-0

289. Authorize the executive to sign a $127,000 contract with Sun Community Services of Bellingham for emergency shelter and transitional housing services? The funds provide for emergency shelter at Sun House and transitional housing services at Gladstone House for mentally ill individuals. The contract runs from 1/1/10 through 12/31/10. (AB 2009-483) Approved 6-0

290. Authorize the executive to sign a $586,501 contract with the Opportunity Council for the Whatcom County Homeless Service Center? The purpose of the center is homeless reduction, emphasizing permanent housing with supportive services. This is the final year of a three-year pilot project funded with $1,398,638 in state matching funds. These funds are part of the statewide effort to reduce homelessness in the state by 50 percent by 7/1/15. The contract runs from 1/1/10 through 12/31/10. (AB 2009-484) Approved 6-0

291. Authorize the executive to sign a $106,000 contract with Pioneer Human Services of Seattle for jail re-entry services? The services are designed to insure the safe transition of mentally ill offenders into community mental health and/or chemical dependency programs. The contract runs from 1/1/10 though 12/31/10. (AB 2009-490) Approved 6-0

293. Authorize the executive to sign a $165,600 contract with Bellingham Whatcom County Tourism to provide services to promote tourism in Whatcom County? Information centers are staffed and operated providing tourism programs designed to improve the local economy. The contract runs from 1/1/10 though 12/31/10.(AB 2009-493) Approved 6-0

294. Adopt a 2010 budget for the Birch Bay Watershed and Aquatic Resources Management District? (Public hearing held) The $356,487 budget funded by fees from area residents and businesses will provide for capital improvement projects, water quality monitoring, education, maintenance and operation and other stormwater issues as indicated in the Birch Bay Watershed Comprehensive Stormwater Plan. AB 2009-451 (Resolution 2009-71) Approved 6-0

296. Set January 12 as the public hearing date to authorize the sale of surplus county property? The surplus property includes 18 automobiles (17 Crown Victoria’s – three totaled), six trucks, one van, four mowers, a jail dental chair, miscellaneous office equipment and tools. AB 2009-475 (Resolution 2009-72) Approved 6-0

297. Order the cancellation of uncashed checks issued before 8/31/08? There are 165 uncashed checks totaling $12,430. Whatcom County has 131 uncashed checks totaling $4,149 and the rural library, hospital, cemetery, diking, fire and water districts have 34 uncashed checks totaling $8,282. 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 2009-487 (Resolution 2009-73) Approved 6-0

298. Order the cancellation of uncollected money for parking violations? Parking violator warrants that are $5 or less are not sent collection notices. There are 56 parking tickets issued between 9/1/07 through 8/31/08 with unpaid violations; the uncollectible fines total $280. AB 2009-488 (Resolution 2009-74) Approved 6-0

299 Amend the salary schedule for unrepresented Whatcom County employees for 2009 and 2010? This vote amends the resolution approved at the 11/12/08 meeting, vote number 220, to be consistent with Referendum 71, approved at the 11/3/09 general election. It adds domestic partner to sick leave for family care, leave for death in the family and medical coverage if one partner is at least 62 years old. AB 2009-458 (Resolution 2009-75) Approved 6-0

300. Approve the sale of county right-of-way to Burlington Northern Santa Fe Railway Company for $5,000? The 50,962 square foot slope easement on Portal Way will allow easier maintenance of the railroad’s newly expanded transportation corridor south of Blaine. AB2009-494 (Resolution 2009-76) Approved 6-0

301. Approve the development agreement with Birch Bay Bible Community Church as recommended by the Whatcom County Hearing Examiner? This church will be constructed on the northeast corner of Birch Bay Road and Blaine Road. Phase one must be completed within 24 months. AB 2009-454 (Resolution 2009-77) Approved 6-0

302. Approve seven open space applications2 for land located within the city of Bellingham? The three members of the Natural Resource Committe held a public hearing at 9 a.m. on the applications. Three members of the Bellingham City Council will also consider the applications. It takes affirmative votes from both councils before the applications are approved. AB 2009-455 (Resolution 2009-78) Amended and approved 5-1, Carl Weimer opposed.

303. Amend the 2009 budget (request #13) in amount of $594,099? Appropriate: $350,535 to the health department for H1N1 vaccinations, to hire extra help, cover overtime for staff, and work with pharmacies and health clinics and help cover uninsured people. $218,564 to sheriff’s office for less lethal munitions and training funded by the Silver Reef Casino, nuclear detection using boat patrols in Puget Sound, purchase of body armor, drug task force funding, and training to prepare for any problems relating to the 2010 Olympics; and $25,000 for additional Northwest Economic Council funding to continue to promote job retention and creation. AB 2009-448 (Ordinance 2009-83) Adopted 6-0

304. Amend the 2010 budget (request #4) in amount of $6,297,026? Appropriate: $44,858 for drug task force activities; $6,285,620 for 17 road projects including bridge repairs and replacements, ferry dock repair and road improvements; $50,000 for the Northwest Economic Council; $374,488 for a computerized system to exchange information between law and justice personnel. Reduction: $457,940 of solid waste fund expenditures to help balance the 2010 budget. AB 2009-449 (Ordinance 2009-84) Adopted 5-1, Barbara Brenner3 opposed.

305. Amend the enforcement and penalties section of the zoning code for more effective enforcement? Civil penalties will replace citations issued through District Court while still providing the right for due process. The amended code section will provide procedures to determine when and how to issue notices and orders, impose civil penalties, issue stop work orders, revoke permits and allow for remission and/or appeals. AB 2009-447 (Ordinance 2009-85) Amended and adopted 6-0

^1,3 Barbara Brenner's comments appear in the printed edition.

²Open space land: Kathleen Ing, 3100 St. Clair Street, 1 acre will provide a wildlife corridor by Fever Creek Nature Area with public access. Kathleen Ing/Rebecca Alder, 3100 St. Clair Street 1.2 acre wildlife habitat and corridor at the headwaters of the Fever Creek Nature Area with public access. Garry/Connie Harris, 2905 Willis Street, 1.2 acre access trail to Hoag’s Pond and the Interurban Trail. Douglas and Margaret Clark Family LLC, Clark’s Point, 67.7 acres. Amend original 1977 classification to restrict public access to the beach at the southern end of Clark’s Point. Public access will only be allowed by water and only by human powered watercraft. The change is necessary because the public access rules were continually violated. Bridgeview Ventures, 1609 12th Street, 1,498 square feet of property sloping down to Padden Creek with public access. Transfer from farm agriculture land to open space land: Ludtke-Pacific Trucking, 4059 Bakerview Road, 1.9 acres next to Squalicum Creek with public access. Jan/Jeff Nelson, 3000 block between 26th and 27th Street, 8.7 acres (three parcels) linked to the Interurban Trail system including a pond with an extensive wildlife habitat with public access. No dogs allowed due to bird habitat.