Whatcom County Council

Shall the council:

167. Send letters to Senator Maria Cantwell, Senator Patty Murray and Representative Rick Larsen in support of the reauthorization of the Northwest Straits Marine Conservation Initiative? The U.S. Congress passed the initiative in 1998 to protect the marine waters of northwest Washington through Marine Resource Committees. Whatcom County is one of seven counties with a Marine Resource Committee that works to restore, improve, support and protect marine life. (AB 2009-27) Approved 7-0

168. Authorize the executive to sign a cooperative agreement with the U.S. Army Corps of Engineers for repair of the Guide-Meridian levee? (Council acting as flood control district board of supervisors) The project is located on the right bank of the Nooksack River near Lynden and was damaged by flooding in December 2008 and January 2009. Total costs are estimated at $241,000, the federal government’s share is $193,000 and the county’s share is $48,000, with 30 percent of the local share paid by the Lynden-Everson subzone. (AB 2009-309) Approved 7-0

169. Authorize the executive to accept a $235,544 state grant for the Marine Resources Committee? The Northwest Straits Commission provides guidance and offers resources to the Marine Resources Committee. The grant funds nearshore habitat restoration, Terrell Creek revegetation, Chuckanut Bay causeway modification feasibility study, Chuckanut Village marsh monitoring, clam surveys, water quality monitoring, pilot clam seeding and rockfish habitat assessments. The contract runs from 7/1/09 to 6/30/11. (AB 2009-311) Approved 7-0

170. Approve the 2009/2010 integrated roadside vegetation management plan? The plan provides safe, esthetically pleasing roadways using environmentally-sound methods. The use of herbicides is minimized whenever practicable. All herbicides used are currently registered by the federal government and the state. Roads may be petitioned as no spray areas and property owners may have herbicide treatment eliminated on the right-of-way abutting their property. (AB 2009-312) Approved 7-0

171. Declare the council’s goals and adopt policies for farmland preservation and request the county administration allocate staff support? The resolution affirms maintaining at least 100,000 acres of agricultural land and accepts the agricultural advisory committee’s land study and recommendations regarding preservation tools and strategies. Presently there are 88,000 acres of agriculturally zoned land, with 22,000 acres rural zoned land recommended for additional protection. Current plans regarding establishing Urban Growth Areas must consider effects of land and water use. AB 2009-308 (Resolution 2009-40) Approved 7-0

172. Amend the hearing process in the animal control code? Currently, if an owner of a dog declared dangerous or potentially dangerous requests a hearing it is held before the person that made the declaration. This amendment moves the hearing to Whatcom County District Court. AB 2009-303 (Ordinance 2009-53) Adopted 7-0

173. Amend the zoning map for 80 acres in the Columbia Valley/ Kendall Urban Growth Area from Rural Forestry (RF) to Urban Residential (UR4)? A motion at the 3/17/09 meeting, vote number 45, to eliminate the Columbia Valley/Kendall Urban Growth Area was defeated. The opposition felt that no rural forestry should be converted to residential and that it was premature to approve the amendment. AB 2009-302 (Ordinance 2009-54) Adopted 5-2, Bob Kelly and Seth Fleetwood opposed.

Shall the council:

174. Authorize the executive to enter into a $157,500 contract (amendment #4) with the Opportunity Council for the Whatcom Homeless Service Center administrative services? The state allocated these additional funds to the county to provide for housing assistance for the current waiting list. Economic conditions have caused greater need for rental assistance. The contract runs from 7/24/09 through 12/31/09 and the total amended contract is $702,277. (AB 2009-322) Approved 7-0

175. Authorize the executive to award the low bid of $170,275 to Foss Maritime Company of Seattle for the annual repairs and maintenance of the Lummi Island ferry? The ferry will be in dry dock for three weeks. The work was advertised and three bids were received. (AB 2009-323) Approved 7-0

176. Authorize the executive to sign a $50,621 contract with RMC Architects of Bellingham to design shower and restroom facilities for Silver Lake Park? The specific services include: architectural design, site evaluation, facility programming, civil engineering, landscape architecture and cost estimating. The contract expires on 6/1/10. The total project budget is $303,728. (AB 2009-324) Approved 7-0

177. Authorize the executive to sign a $15,000 agreement with Western Washington University for development of a hydrologic model for the Nooksack River basin? (Council acting as the flood control district board of supervisors) The model will be used to evaluate future climate changes for flood management and rates and timing of in-stream flows during the year. Total cost is $30,000 with Alcoa providing the additional funding. (AB 3009-325) Approved 7-0

178. Authorize the executive to sign a $429,000 revised cost-sharing agreement with the federal government for levee repairs and setback work? (Council acting as flood control district board of supervisors) The original agreement was approved at the 6/9/09 meeting, vote number 143. The U.S. Army Corps of Engineers will do repair and setback work on the Hovander Park levee that was damaged in January 2009 flooding. The federal government will contribute $222,000 for the levee repair. The flood control district share for the levee repair is 20 percent of the cost ($56,000) and can be in-kind services; the district is responsible for 100 percent ($151,000) of the levee setback and it must be cash. (AB 2009-326) Approved 7-0

179. Authorize the executive to accept a $500,000 state grant to benefit affordable housing in the county? At the 11/12/08 meeting, vote number 216, the council voted to support a $1 million application to the state by the Kulshan Community Land Trust for home acquisitions and home repairs for low- and moderate-income residents. This grant is being passed through to the Kulshan Community Land Trust as part of the project for 20 households. Total cost of the project is $4,303,000 with $3,803,000 in local funding. (AB 2009-330) Approved 7-0

180. Amend the 2009 flood control district budget (request #4) in the amount of $58,191? (Public hearing held by the council acting as the flood control district board of supervisors) The request will fund Marine Resources Committee projects covering water quality, nearshore habitat assessment and restoration, rockfish habitat assessment and community outreach. AB 2009-319 (Resolution 2009-41) Approved 7-0

181. Authorize the executive to award the low bid of $805,522 to the Max J. Kuney Company of Spokane to replace the Hannegan Road-Scott Ditch bridge? Total bridge costs (including preliminary engineering, construction engineering, testing and contingency fee) are estimated at $1,048,522. The current bridge is two spans with a timber structure and overload restrictions. It will be replaced with a single span suitable for heavy truck traffic. The federal government will provide $600,000 under the American Recovery and Reinvestment Act for construction costs. The work was advertised and six bids were received. AB2009-327 (Resolution 2009-42) Approved 7-0

182. Establish policies regarding detection and assessment of illegal and illicit discharge of hazardous materials and non-stormwater runoff? Federal and state law prohibit discharging certain materials into municipal separate storm sewer system. AB 2009-320A (Resolution 2009-43) Approved 7-0

183. Amend to the six-year capital improvement program? The 2009-2014 capital improvement program was approved at the 12/9/08 meeting, vote number 258. This amendment updates the Whatcom County Courthouse roof and the sheriff’s facilities at Point Roberts. AB 2009-328 (Resolution 2009-44) Approved 7-0

184. Establish a 35 mph speed limit on Haxton Way from Slater Road to Kwina Road? (Public hearing held) The Lummi Indian Business Council sent a letter to the County Council requesting a reduction in the speed limit from 50 mph to 35 mph on Haxton Way from Slater Road to Kwina Road. AB 2009-284 (Ordinance 2009-55) Adopted 7-0

185. Enact an interim ordinance modify the dates for seasonal restrictions on clearing activities in the Lake Whatcom, Lake Samish, Lake Padden, Drayton Harbor and Birch Bay watersheds? (Public hearing held) The clearing restrictions were first passed at the 10/7/03 meeting, vote number 178, and modified at the 10/11/05 meeting, vote number 201. This interim ordinance changes the dates for restrictions on clearing activities from September 1 through April 30 to October 1 through May 31 and a deadline is imposed on the issuance of development permits to two weeks prior to the seasonal closure date in the water resource management areas. The changes reflect observations that the risk to Lake Whatcom due to construction activities is less during the revised period. The change will be consistent with the city of Bellingham and the Lake Whatcom Water and Sewer District clearing restrictions. Interim ordinances must be renewed every six month. A public hearing is required before the renewal. AB 2009-314 (Ordinance 2009-56) Adopted 7-0

186. Enact an interim ordinance prohibiting illegal and illicit discharge of hazardous materials and non-stormwater run-off to the county’s municipal separate storm sewer system? (Public hearing held) The six month interim ordinance will meet the deadline of 8/16/09 set by state and federal law and allow time for formal review and processing of a permanent ordinance. Interim ordinances must be renewed every six months. A public hearing must be held before the renewal. AB 2009-320 (Ordinance 2009-57) Adopted 6-1, Sam Crawford opposed.

187. Establish a Yew Street Road construction fund? Improvements from Lakeway to Kingsmill Street began on 5/30/2000. This ordinance will establish a fund for Yew Street Road improvements from Kingsmill Street to Tacoma Avenue and fronting Wade King Elementary School. The work will include 12-foot travel lanes, five-foot shoulders, curb, gutter and sidewalks on both sides, safety improvements and drainage upgrades. Federal grant funding of $2,228,000 and local contribution of $1,672,000 will complete the project. AB 2009-316 (Ordinance 2009-58) Adopted 5-2, Barbara Brenner1 and Bob Kelly opposed.

188. Approve 2009 project budget (request #2) in the amount of $3,900,000? The entire amount is for the Yew Street Road improvement project: $360,000 for preliminary engineering, $265,000 for for right-of-way acquisition costs and $3,275,000 for construction and construction engineering. AB 2009-317 (Ordinance 2009-59) Adopted 5-2, Barbara Brenner1 and Bob Kelly opposed.

189. Amend the 2009 budget (request #8) in the amount of $2,624,307? Appropriate: $300,000 for medication and supplies for Swine Flu response; $41,624 from a Homeland Security grant to purchase six computers for dealing with terrorism; $41,000 to fund jail phone cards; $173,800 to fund increase in homeless housing needs. Transfer to the general fund as a stop-gap measure for loss of revenue: $350,000 from criminal justice portion of the emergency medical services sales tax fund; $1,200,000 from retiree healthcare liabilities fund; $169,824 left in construction fund for the completed minimum security jail; $348,059 from remaining balance in building repair and replacement funds. AB 2009-318 (Ordinance 2009-60) Adopted 7-0

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