Whatcom County Council

Shall the council:

198. Set November 23 as the public hearing date to sell tax-title property by negotiation? TR 2010-01, the parcel is located on Canyon View Drive in Glacier Springs. Acquired by tax foreclosure; the minimum price of $2,420 includes taxes, interest, penalties, title search and foreclosure costs. AB 2010-388 (Resolution 2010-43) Approved 7-0

199. Set November 23 as the public hearing date to sell tax-title property by negotiation? TR 2010-02, the parcel is located on Canyon View Drive in Glacier Springs. Acquired by tax foreclosure; the minimum price of $1,366 includes taxes, interest, penalties, title search and foreclosure costs. AB 2010-389 (Resolution 2010-44) Approved 7-0

200. Approve a request by the Evergreen Water-Sewer District board of commissioners to change its name to the Columbia Valley Water District? AB 2010-386 (Resolution 2010-45) Approved 7-0

Shall the council:

201. Authorize the executive to sign a $128,992 contract with Wilson Engineering of Bellingham for assistance with design and construction services for stormwater projects in the Lake Whatcom watershed? Extensive bank erosion contributes polluted sediments to stormwater that enters the lake. Three high priority projects are to be addressed: (1) water flow reductions in the ditches on Toad Lake Road at Academy Street; (2) water flow and volume reductions in the ditch on Fremont Street near Coronado Avenue; (3) divert water flow on Coronado Avenue between Columbus and Fremont streets into bio-infiltration swales. The contract starts on 11/24/2010 and ends on 12/31/2013. (AB 2010-397) Approved 7-0

202. Authorize the executive to sign a $113,545 contract with Land Development Engineering & Surveying of Ferndale for design assistance of stormwater projects in the Birch Bay watershed? The scope of services includes the following capital improvement projects: (1) plans and estimates for stormwater infrastructure, water quality and maintenance along Charel Terrace; (2) assessment and final recommendations for remaining projects; (3) preliminary design options for Rogers Slough at Birch Bay Drive; (4) review of all projects to evaluate whether further design considerations are needed to avoid impacts to current drainage systems or future project improvements. The contract starts on 11/24/2010 and terminates on12/31/2012. (AB 2010-398) Approved 7-0

203. Authorize the executive to accept a $93,975 federal/state grant for acquisition of a flood damaged property in Marietta? The total cost of the project is $107,400. Located at 1816 Bayon Road on the left bank of the Marietta Slough, a flood in January 2009 substantially damaged the residence. The property purchase price and acquisition costs are $67,900 with building demolition and related costs added. The grant covers 87.5 percent of the costs; the flood control district funding is responsible for 12.5 percent or $13,425 and will hold title to the property. Deed restrictions will ensure the property remains in open space in perpetuity. (AB 2010-399) Approved 7-0

204. Establish a Lummi Island ferry task force? Whatcom County Code decrees that Lummi Island fare revenues shall recoup 55 percent of ferry operating costs. In recent years, revenues have fallen short of the 55 percent goal. The mission of the task force will be to examine ferry operation and make recommendations to the council for its ongoing operation. The citizen’s task force shall consist of seven members appointed by the County Council. At least four members shall be residents and/or landowners of Lummi Island. A written report will be presented to the general public no later than 8/1/2011. AB 2010-405 (Resolution 2010-46) Approved 7-0

205. Sell tax-title property by negotiation to the county flood control district? (Public hearing held) TR 2010-01, the parcel is located on Canyon View Drive in Glacier Springs. Acquired by tax foreclosure; the minimum price of $2,420 includes taxes, interest, penalties, title search and foreclosure costs. The sale must be by negotiation when sold to a government agency for public purposes. AB 2010-388A (Resolution 2010-47) Approved 7-0

206. Sell tax-title property by negotiation to the county flood control district? (Public hearing held) TR 2010-02, the parcel is located on Canyon View Drive in Glacier Springs. Acquired by tax foreclosure; the minimum price of $1,366 includes taxes, interest, penalties, title search and foreclosure costs. The sale must be by negotiation when sold to a government agency for public purposes. AB 2010-389A (Resolution 2010-48) Approved 7-0

207. Adopt the 2011 budget for the flood control district and subzones? (Public hearing held at 11/9 meeting) (Council acting as the flood control district board of supervisors.) TThe budget is divided into overhead and administration, maintenance and operation, construction, improvements, and bond retirement and interest. The board also approves expenditures from funds derived from grants and cooperative agreements. The 2011 budget appropriates $6,032,678 for flood control, stormwater management, and other water resources projects. AB 2010-379 (Resolution 2010-49) Approved 5-1-1, Ken Mann opposed and Tony Larson abstained.

208. Adopt the 2011 flood control district tax levy? (Public hearing held at 11/9 meeting.) (Council acting as the flood control district board of supervisors.) One million dollars in flood district taxes collected in 2010 shall be diverted to the county general fund. AB 2010-378 (Resolution 2010-50) Approved 5-1-1, Ken Mann opposed and Tony Larson abstained.

209. Amend ferry rates and the unified fee schedule for the Lummi Island ferry? (Public hearing held) To reach the required fare box recovery rate the fare increase includes a surcharge of $3.00 per trip. Example: a 25 round-trip pass for car and driver that now costs $160 will increase to $235 and pedestrian passes will increase from $40 to $115. Previously rated multi-riders are valid for 15 days after the rate change which becomes effective 60 days from adoption date. Special-needs-based and senior/disabled discounts are available. AB 2010-354A (Ordinance 2010-54) Amended and adopted 4-3, Barbara Brenner,1 Carl Weimer and Tony Larson opposed.

210. Adopt the 2011 unified fee schedule? (Public hearing held) This is a schedule of fees charged by the county to provide services such as building permits, parking, filing and licensing, animal control and charges for park equipment and facilities. The executive may add or adjust fees with sufficient justification. The previous vote adopted the Lummi Island fee schedule and fees set by Washington State Law are also not listed. AB 2010-377 (Ordinance 2010-55) Adopted 6-1, Barbara Brenner2 opposed.

211. Amend the 2010 budget (amendment 17) in the amount of $388,375? Appropriate: $85,143 to fund drug task force positions from 7/1/ through 12/31/2010; $50,418 for homeland security equipment and software upgrades; $58,341 for 2010 Winter Olympics overtime costs; $12,000 for marijuana eradication overtime costs; $15,000 for background checks for concealed weapons permits; $57,600 to fund a records management consultant; $50,000 to purchase a cargo van for remote areas response communications in areas such as Newhalem; $52,263 for security patrols overtime at Baker Lake and community events: $7,610 to fund the radiation nuclear detection pilot project. AB 2010-380 (Ordinance 2010-56) Adopted 7-0

212. Amend the process for Whatcom County Hearing Examiner decisions appealed to the Whatcom County Council? Due to economic constraints, a court reporter can no longer be funded to prepare a verbatim transcript of hearing examiner decisions. Effective 1/1/2011, an audio recording of the hearings will be recorded by staff and saved on CD. For appeals to the council, the appellant shall be responsible for the preparation of a verbatim transcript. AB 2010-385 (Ordinance 2010-57) Adopted 7-0

213. Adopt the 2011-2012 biennium budget? (Public hearing held at 11/9 meeting) The budget restricts the expenditure of certain funds. Appropriations for 2011 are $166,328,601 and 2012 are $163,176,413. AB 2010-376 (Ordinance 2010-58) Amended and adopted 4-2-1, Barbara Brenner3 and Kathy Kershner opposed, Tony Larson abstained.

214. Adopt the 2011 taxes for county and state purpose? (Publichearing held at 11/9 meeting) An increase in the general fund proposed tax levy for 2011 will be offset by a $1,000,000 reduction in the flood control district property tax levy. AB 2010-371 (Ordinance 2010-59) Amended and adopted 6-1, Kathy Kershner opposed.

215. Limit the 2011 general fund property tax levy? (Public hearing held at 11/9 meeting) The amounts collected through the property tax shall be limited to the amount of 2010 taxes plus $1,000,000 for new construction and improvements to property and increased value of state assessed property to be offset by $1,000,000 in the flood control district property tax funds. AB 2010-372 (Ordinance 2010-60) Amended and adopted 5-2, Barbara Brenner4 and Kathy Kershner opposed.

216. Adopt the 2011 property tax levy for county road purposes? (Public hearing held at 11/9 meeting) The property tax levy will stay the same as 2010. AB 2010-373 (Ordinance 2010-61) Adopted 7-0

217. Adopt the 2011 road fund property tax levy at the same amount as 2010? (Public hearing held at 11/9 meeting) Revenues will also come from new construction, property improvements and increases in assessments. AB 2010-374 (Ordinance 2010-62), Adopted 7-0

218. Adopt the Conservation Futures Fund tax levy for 2011? (Public hearing held at 11/9 meeting) levy will be the same as last year, 6.25 cents per $1,000 of assessed valuation on real property. The funds can only be used to acquire land or development rights for conservation purposes. AB 2010-375 (Ordinance 2010-63) Amended and adopted 5-2, Kathy Kershner and Bill Knutzen opposed.

219. Adopt the six-year (2011-2016) capital improvement program? (Public hearing held at 11/9 and 11/23 meetings.) This ordinance replaces the existing 2009-2014 program that was approved at the 12/9/2008, vote #258, and amended at the 7/21/2009, vote #183, and 11/24/2009, vote #268 meetings. The program includes plans for county parks, trails, activity centers, correction facilities, government buildings, transportation and stormwater facilities, and flood protection. It eliminates the level of service standard for government office space listed in the Whatcom County Comprehensive Plan. AB 2010-355A (Ordinance 2010-64) Adopted 6-1, Bill Knutsen opposed.

Shall the council:

220. Authorize the executive to accept a $973,750 federal grant for the second phase of salmon habitat restoration and fish passage improvements in lower Canyon Creek? (Council acting as flood control district board of supervisors.) Chinook pink, coho, sockeye and chum salmon, steelhead, bull trout, and sea-run cutthroat trout all use lower Canyon Creek, a tributary to the North Fork of the Nooksack River. Some of the levees have been removed and property has been purchased in high risk zone of the creek’s alluvial fan so flood risks are not transferred to the Glacier Springs development. Further changes will be determined during the design of the project. The grant does not require local matching money. (AB 2010-406) Approved 7-0

221. Authorize Information Technology to award the low bid of $120,847 to Quest for the purchase computer equipment? The purchase will replace network switches and increase network security. Of the 131 network switches, nineteen switches are over nine-years-old, out of warranty and future growth requirements need improved network design. (AB 2010-416) Approved 7-0

222. Authorize the executive to sign a sponsor agreement with the state of Washington for the Washington Conservation Corps? The five corps members and one supervisor will work from 1/l/2011 through 9/22/2011 on projects to advance salmon recovery, water quality and shellfish protection. Total cost is $100,000, with the county providing $30,000 and the Nooksack Salmon Enhancement Association providing $70,000. (AB 2010-419) Approved 7-0

223. Authorize the executive to sign a $331,915 contract with the Opportunity Council for Whatcom County Homeless Service Center to prevent homelesness? The purpose of the center is homeless reduction, emphasizing permanent housing with supportive services. Funds are part of the statewide effort to reduce homelessness in the state by 50 percent by 7/1/15. The focus of the statewide effort is to shift emphasis from emergency shelters to permanent housing and include both rental subsidies and housing case management. The staff determines eligibility, makes referrals, and coordinates data collection. Funded is a half time project manager and two full time housing referral specialists plus expenses and subsidies. The contract runs from 1/1/2011 through 12/31/2011. (AB 2010-433) Approved 7-0

224. Authorize the executive to sign three contracts totaling $322,235 for the Whatcom Homeless Service Center? One contract is with Catholic Community Services for $107,735, the second is with Lydia Place for $84,500 and the third is with the Opportunity Council for $130,000. The contractors will provide support services and rental subsidies to improve housing stability and reduce homelessness. All contracts run from 1/1/2011 through 12/31/2011. (AB 2010-432/436/437) Approved 7-0

225. Authorize the executive to sign a contract for $171,509 with Sun Life Assurance Company of Canada to protect the county’s financial assets in the self-insured medical plan? The county is required by law to protect its financial assets using reserves and excess insurance coverage to support the self-insured medical plan. This coverage is triggered if an individual’s medical costs are in excess of $250,000 in a plan year or if the plan’s aggregated costs exceed $10,317,701. The 2011 rates represent a 29 percent increase for enrollees. (AB 2010-440) Approved 7-0

226. Authorize the executive to sign a contract not to exceed $403,178 service agreement with the Whatcom Humane Society for animal control and shelter service? Society will be reimbursed for actual costs less collected fee revenue with the annual sum paid in monthly installments. The society expects expenses of $521,378, income of $118,200 with a difference of $403,178. Vehicular fuel and maintenance and building maintenance are covered through a separate appropriation. The contract runs from 1/1/2011 through 12/31/2011. (AB 2010-441) Approved 7-0

227. Authorize the executive to sign a lease with the Whatcom Humane Society for 1661 Baker Creek Place? The county-owned facility will be rented to the Whatcom Humane Society for $10. The contract runs from 1/1/11 to 12/31/11. (AB 2010-442) Approved 7-0

228. Authorize the executive to sign an agreement with the Columbia Valley Water District to coordinate land use planning with water service? An additional purpose of the agreement is to investigate the feasibility of planning and providing sewer service for the portion of the Columbia Valley Urban Growth Area within the water district boundaries. The agreement expires on 12/15/2020. (AB 2010-444) Approved 7-0

229. Authorize the executive to sign a settlement agreement with the city of Blaine, the Semiahmoo Company, and Trillium Corporation? In May, 1997, the council said the city of Blaine could add West Blaine to the Urban Growth Area. At the 11/24/2009 meeting, vote #263, the council removed urban Growth Area status from property owned by Trillium who planned 1,246 homes on 624 acres. Trillium and the City of Blaine challenged the decision. County planners determined that the company is vested because the applications were submitted before the area was removed. The agreement indicates the company will withdraw the legal challenge and the county will process the applications although the county makes  no assurances regarding the outcome of the process. (AB 2010-447) Substitute amended and approved 5-2,5 Ken Mann and Carl Weimer opposed.

230. Authorize the executive to continue the $16,667 per month payment to the Lummi Indian Business Council for ferry operations? The original agreement was signed on 2/11/2010 and expired on 12/31/2010. This vote continues usage of dock, tidelands and uplands for Gooseberry Point ferry operations. (AB 2010-448) Amended and approved 7-0

231. Update the Comprehensive Economic Development Strategy? The development strategy sets goals and specific projects for business expansion in Whatcom County and requires approval from the federal government before the projects are eligible for federal grants. This updated wish list includes l77 projects; the original strategy was approved at the 8/13/2002 meeting, vote #154. AB 2010-415 (Resolution 2010-51) Approved 5-2 Bill Knutzen and Barbara Brenner6 opposed.

232. Request the executive to draft and send a notification letter to the City of Bellingham to discontinue the agreement regarding Emergency Medical Services? The County Council authorized the executive to sign an agreement to form a cooperative county-wide Emergency Medical Services at the 12/6/2006 meeting, vote #247. At the current time, city employees have delayed and made it costly for paramedic training and attempted to prevent training of a Point Roberts paramedic. It has been recommended that the county move to renegotiate the agreement with the goal of improvement and development of a single unified country-wide EMS system and a centralized administrative plan. Training of new paramedics as needed with population growth should not have a single agency employment or union requirement unless appropriate. AB 2010-305A (Resolution 2010-52) Approved 5-2, Ken Mann and Carl Weimer opposed.

233. Amend the salary schedule and policies for unrepresented Whatcom County employees effective 1/1/2011? This vote amends a salary schedule approved at the 11/12/2008 meeting, vote #220. Because of a need for reduction of spending, some salaries will be frozen at the 2010 rate, reclassification, realignment and merit steps are suspended for 2011. AB 2010-407 (Resolution 2010-53) Approved 7-0

234. Establish salaries for executive branch elected officials effective 1/1/2011? This vote amends a salary schedule approved at the 11/12/2008 meeting, vote #221. Because of need to reduce spending, elected positions and realignments will be frozen at 2011 rates. Council members salaries for 2011 were approved at the 9/11/2007 meeting, vote #182. The state Constitution prohibits their salaries frombeing reduced. However individual council members may return their 2011 salary increase to the county. Further changes may be retroactively made if approved by the council. AB 2010-408 (Resolution 2010-54) Approved 7-07

235. Establish a minimum balance for the flood control district fund to maintain as an emergency and operating reserve? (Council acting as flood control district board of supervisors.) Substantial resources are necessary for response and recovery during flood disasters and to fund watershed and stormwater management. An emergency reserve of a minimum of five million dollars is needed and will be reserved by the district fund, with council acting as flood control district board of supervisors. AB 2010-392 (Resolution 2010-55) Approved 7-0

236. Amend county code to rezone approximately 770 acres adjacent to the Birch Bay UGA from one dwelling unit per ten aces to one dwelling unit per five acres? (Public hearing held) At the 11/24/2009 meeting, vote #263 the council removed approximately 789 acres from the Birch Bay Urban Growth Area. Planning Commission staff reports recommended against the current rezone , but this council found that mitigating the financial hardship to property owners outweighed the policies against the rezoning and that the proposal met all legal requirements. At the 8/10/2010 meeting, vote #154, the council reinstated approximately 19 acres known as Maritime Manor as part of the Birch Bay UGA. The remaining 770 acres are the subject of this vote. AB 2010-403 (Ordinance 2010-65) Adopted 4-3, Barbara Brenner,8 Ken Mann and Carl Weimer opposed.

237. Impose an interim moratorium on the acceptance of new applications for subdivisions in rural areas? (Public hearing held) An emergency moratorium was passed at the 10/26/2010 meeting, vote #197. Whatcom County Council is considering changes to the comprehensive plan, zoning map and development codes. Review of existing zoning densities and development codes are necessary for compliance with the Growth Management Act. The moratorium is for divisions of property smaller than 10 acres. Interim moratoriums must be renewed every six month. AB 2010-383A (Ordinance 2010-66) Adopted 5-2, Kathy Kershner and Ken Mann opposed.

238. Continue an interim ordinance allowing one-time economic hardship extensions of land use permits? (Public hearing held) The first interim ordinance was passed at the 5/11/2010 meeting, vote #103 for the period 1/1/2009 through 3/1/2012. This extension will allow for planned unit developments, conditional use, variance, administrative approval, short subdivision, exempt land division, subdivision, general or specific binding site plan, and critical area and geologic assessment reports for permits that expire between 12/5/2010 and 3/1/2012. A one-time two-year extension must be granted upon declaration that the projects have suffered because of severe economic conditions. Interim ordinances must be renewed every six months. AB 2010-180B (Ordinance 2010-67) Adopted 5-2, Ken Mann and Carl Weimer opposed.

239. Amend the 2010 budget (request 18) in the amount of $252,203? Appropriate: 47,903 fund overtime for the 2010 Olympic and Paralympics games; $52,000 for additional special election in 2010; $100,000 for unanticipated medical expenses of the law enforcement officers and fire fighters disability board; $26,000 for an appraisal-developed valuation formula for establishing conservation easement values for the Purchase of Development Rights Program and regular appraisal services; $26,300 to fund necessary costs of issuing new bonds and refunding. AB 2010-404 (Ordinance 2010-68) Adopted 7-0

240. Authorize the executive to sign a non-exclusive franchise granting the Y-Squalicum Water Association the authority to operate and maintain water lines and facilities along certain roads and highways within unincorporated areas of Whatcom County? This twenty-five-year franchise is a renewal of the 1994 franchise which expired in October 2010, and will extend its geographic scope along Squalicum Lake Road, Jenson Road, Agate Bay Lane, South and North Y Roads and Henderson Road. AB 2010-438 (Ordinance 2010-69) Adopted 7-0

^{1 - 8}Barbara Brenner's comments appear in the printed edition only.