Whatcom County Council

Shall the council:

242. Authorize the executive to sign a $25,000 agreement between the Whatcom Conservation District and the Whatcom County Flood Control Zone District for the conservation program on agricultural lands? Landowners can receive financial assistance through the conservation program on agricultural lands to reduce nutrient and bacteria loading to streams and other waterbodies. The Whatcom Conservation District provides technical assistance to landowners with development and implementation of farm plans. (AB 2009-213A) Approved 7-0

243. Uphold the decision by the Whatcom County Hearing Examiner that Reijo Salminen failed to properly appeal penalty notices? On 8/25/08, Mr. Salminen was fined by the county $2,000 for construction of a retaining wall, fence and railing within the jurisdiction of the Shoreline Management Program without shoreline or building permits. On 10/29/08 and 12/8/08, the county imposed fines of $2,000 for a total of $6,000 because corrective action had not been taken on initial violations. Mr. Salminen filed an appeal on 2/6/09 after all three appeal periods had expired. The hearing examiner denied the appellant’s request that penalties be set aside or reduced. The decision was appealed to the County Council. (AB 2009-362) Approved 6-1, Barbara Brenner1 opposed.

244. Authorize the executive to sign a $349,514 contract with Brown and Caldwell Environmental Engineering and Consultants of Walnut Creek, Calif., for Lake Whatcom tributary monitoring? The original contract for $348,716 was signed at the 11/21/06 meeting, vote number 233. This contract will continue to provide important information for county and city management of the Lake Whatcom watershed including monitoring phosphorus data in tributary storm flows. Project costs are shared between the city of Bellingham (45 percent), Whatcom County (45 percent) and the Lake Whatcom Sewer and Water District (10 percent). The contract runs from 11/11/09 through 12/31/11. (AB 2009-423) Approved 7-0

245. Authorize the executive to sign a $61,500 contract2 with the state of Washington for the Washington Conservation Corps? The conservation crew will work from 1/1/10 through 9/23/10 on habitat restoration and public education projects for salmon recovery, water quality, shellfish protection and stormwater priorities in partnership with the Nooksack Salmon Enhancement Association. The total cost is $100,000; the Nooksack Salmon Enhancement Association is responsible for $38,500. (AB 2009-424) Approved 7-0

246. Authorize the executive to award the low bid of $885,035 to Vertical, Inc. of Bellingham for alterations to the Civic Center Building? The vacant third floor will be renovated to allow public works staff now located in the Copper Building to relocate. The former Hizzoner’s restaurant will be turned into a meeting space. The work was advertised and 12 bids were received. A contingency fee of $44,252 brings the total contract to $929,287. (AB 2009-427) Approved 7-0

247. Authorize the executive to award the sole bid of $30,000 to VanderVeen Family Transportation of Bellingham to haul leachate from the Cedarville landfill? The leachate will be transported to the city of Ferndale sewer treatment plant. In the event the annual leachate volume falls below one million gallons the contractor shall be compensated. The contract runs from 1/1/10 to 12/31/10. (AB 2009-429) Approved 7-0

248. Authorize the executive to pay $291,000 to the state of Washington for services relating to a property transfer? Approximately 8,000 acres out of 15,700 acres of forest trust lands in the Lake Whatcom watershed is being transferred from the state of Washington to Whatcom County for parkland. The money to pay the state will come from the Conservation Futures Fund. This is a first step, over the next two years, additional money and council approval will be required. (AB 2009-437) Approved 5-2, Barbara Brenner3 and Ward Nelson opposed.

249. Vacate a portion of Edwards Drive in Point Roberts? (Public hearing held) At the 5/26/09 meeting, vote number 133, the council voted to consider a petition submitted by David Duncan and signed by five property owners. The county engineer’s office reviewed the request and determined the public would benefit from the vacation. The 1,213 square feet of right of way is valued at $13,476. All fees must be paid within six months. The county retains easement for construction and maintenance of any public utilities on the property. AB 2009-260A (Resolution 2009-64) Approved 7-0

250. Confirm the reassessment roll for property within the boundaries of Whatcom County Road Improvement District No. 2 and send the roll to the county treasurer for collection? (Public hearing held) (Council acting as the board of equalization.) Known as Marineland Lighting District, the district is located on Marine Drive, south of the airport, and contains 44 parcels of land. The first annual maintenance assessment is based on a fee of $2 per account per year and the rate of $40 a parcel. The next and succeeding assessment shall be based on the $2 fee and the cost of power charges of Puget Sound Energy, not to exceed $70 per parcel. AB 2009-360B (Resolution 2009-65) Approved 7-0

251. Adopt the 2010 budget for the flood control district and subzones? (Public hearing held) (Council acting as the flood control district board of supervisors.) The budget is divided into administration, maintenance and operation, construction and improvements and bond retirement and interest. The board also approves expenditures from funds derived from grants and cooperative agreements. AB 2009-409 (Resolution 2009-66) Approved 5-2, Sam Crawford and Ward Nelson opposed.

252. Adopt the 2010 flood control district tax levy? (Public hearing held) (Council acting as the flood control district board of supervisors.) The board of supervisors may impose a property tax levy of up to 50 cents per $1,000 of assessed value on real property within the district (Whatcom County). This levy is limited to 2009 taxes with no increase except for new construction or improvements. AB 2009-410 (Resolution 2009-67) Approved 4-3, Barbara Brenner,4 Sam Crawford, Ward Nelson opposed.

253. Adopt the 2010 road construction program? County expenditures of $5,810,000 and total expenditures of $12,752,000 are the estimated costs of 34 projects: road construction and improvements, new bridges, intersection and parking improvements, shoulder widening, non-motorized improvements and various Lummi Island ferry projects. The annual construction program is identical to the first year of the six-year transportation improvement program approved at the 9/29/09 meeting, vote number 219. AB 2009-393 (Resolution 2009-68) Approved 7-0

254. Amend the 2010 flood control district budget (request #1) in the amount of $59,140? (Council acting as the flood control district board of supervisors.) This reflects increases in expenditures for flood control measures. AB 2009-420 (Resolution 2009-69) Approved 7-0

Shall the council:

255. Enter into a $30,000 contract amendment with Bricklin & Newman of Seattle for legal representation? The additional money will be used to defend the county to challenges to the 10 year review of the Urban Growth Areas. This vote brings the total contract to $130,000, it expires on 8/31/10. (AB 2009-365) Approved 4-3, Barbara Brenner,5 Sam Crawford and Ward Nelson opposed.

256. Shift $1,750,000 from the road levy to the general fund levy for 2010? (Public hearing held at 11/10 meeting.) In order to meet expenses and obligations, with lower tax revenue collected for the general fund, the road levy is being considered to supply the missing amount. (AB 2009-411) Failed 0-7

257. Select The Opportunity Council for the 2010 State Community Development Block Grant program? (Public hearing held) The housing rehabilitation program through The Opportunity Council and the farm incubator project through the Kulshan Community Land Trust applied for the grant program. An application for The Opportunity Council will be submitted to the state before mid January 2010. (AB 2009-436) Approved 7-0

258. Authorize the executive to accept federal/state grants of $192,243 to fund five positions on the Northwest Regional Drug Task Force? The grant will continue to pay wages and benefits for three detectives; one detective is from the county and two are from the cities of Bellingham and Ferndale. A county records specialist will begin on 1/1/10 and one half-time prosecutor will also be funded. The grant runs from 10/1/09 through 6/30/10. (AB 2009-440) Approved 6-0-1, Barbara Brenner was out of the room.

259. Authorize the executive to sign a contract not exceeding $453,309 with the Whatcom Humane Society for animal control and shelter services? The society will be reimbursed for actual costs less collected fee revenue with the annual sum paid in monthly installments. The society expects expenses of $613,679, income of $118,309 with a difference of $453,309. The contract runs from 1/1/10 through 12/31/10. (AB 2009-442) Approved 7-0

260. Authorize the executive to accept a $143,604 state grant to keep track of registered sex offenders and kidnapping offenders? The sheriff’s office will retain a full time and a half time employee to track addresses and residencies of all registered sex offenders and kidnapping offenders in the county and require face to face verification. The grant expires on 6/30/10. (AB 2009-443) Approved 7-0

261. Authorize the executive to award the low bid of $240,870 to Ebenal General Construction of Bellingham to upgrade the sheriff’s compound at Point Roberts? A new three bedroom, two bath manufactured home will be purchased with upgrades to the existing home foundation, plumbing, wiring and new carpet and for both homes a deck, carport and septic systems. An additional $25,000 is requested for possible contingencies due to location. The work was advertised and two bids were received. (AB 2009-445) Approved 7-0

262. Approve 13 open space applications?6 Property with open space designation receives tax relief and the designation decreases conversion to non-rural uses. The county planning commission received 13 applications, they recommended all the applications for council approval. AB 2009-452 ( Resolution 2009-70) Approved 7-0

263. Amend the zoning code, zoning map, the Comprehensive Plan and maps to complete the ten year review of the Urban Growth Areas required by the Growth Management Act? The county and each city must include areas and densities sufficient to permit urban growth projected to occur for the next 20 years. Productive agricultural land must be preserved and maintained by proper buffers. Bellingham and the county recognize that Lake Whatcom watershed should have no further development at urban densities. AB 2009-052G (Ordinance 2009-71) Amended and adopted 4-3, Bob Kelly, Ward Nelson and Sam Crawford opposed.

264. Amend the sales tax increase to supplant reduced state funding for chemical dependency and mental health departments? A sales tax increase of .01 of 1 percent was passed at the 7/22/08 meeting, vote number 144; state law only allowed the increase when federal funding lapsed. The state Legislature amended the law this year to clarify the use of the funds. AB 2009-433 (Ordinance 2009-72) Adopted 4-2-1, Ward Nelson and Barbara Brenner7 opposed, Bob Kelly was out of the room.

265. Amend 2009 budget (request #12) in amount of $97,959? Appropriate: $9,565 to help fund sex offender registration program; $58,394 for partial funding of Superior Court; $30,000 for the ferry insurance premium increase. AB 2009-434 ( Ordinance 2009-73) Adopted 7-0

266. Editor’s Note: Whatcom County Executive Pete Kremen announced on December 21, 2009, that he was vetoing Ordinance 2009-74. He gave as reasons for the veto, the $250,000 for Superior Court, $30,000 for legal representation and the 1 percent cut in the executive departments. Amend 2010 budget (request #3) in the amount of $383,588? Appropriate: $65,500 to continue funding WRIA 1 Watershed Management Plan through June 30, 2011; $38,088 for sex offender registration program; $30,000 contract with Bricklin & Newman of Seattle for legal representation; $250,000 to Superior Court to record adult drug court adjustments and to fund a family treatment court and related professional services. AB 2009-435 (Ordinance 2009-74) Amended and adopted 5-2, Ward Nelson and Barbara Brenner8 opposed.

267. Establish an Affordable Housing Incentive Fund? The Countywide Housing Affordability Taskforce, studying the need for 11,000 low-cost housing units by 2022 recommended the creation of a trust fund. Such a fund would receive special supporting revenues and control expenditures. The Whatcom County Housing Advisory Committee will act as the advisory committee. AB 2009-421 ( Ordinance 2009-75) Adopted 5-2, Ward Nelson and Sam Crawford opposed.

268. Amend the six-year capital improvement program? The amendment reflects real estate excise tax funds allocated for updates on two mobile homes in Point Roberts used by the sheriff. An environmental review is not required. AB2009-432 (Ordinance 2009-76) Adopted 7-0

269. Adopt the 2010 road fund tax levy at the same amount as 2009? (Public hearing held at 11/10 meeting.) Increased revenues will come from new construction, property improvements and increases in assessments. AB 2009-412 (Ordinance 2009-77) Adopted 7-0

270. Adopt the Conservation Futures Fund tax levy for 2010? (Public hearing held at 11/10 meeting.) The 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. The substitute and amendment reduced the fund by $543,000. AB 2009-413 (Ordinance 2009-78) Substitute accepted, amended and adopted 5-2, Carl Weimer and Seth Fleetwood opposed.

271. Adopt the 2010 property tax levy to the same amount as 2009? (Public hearing held at 11/10 meeting.) Increased revenues will come from new construction, property improvements and increases in assessments. The amendment move $543,000 from the Conservation Futures Fund to the general fund. AB 2009-414 (Ordinance 2009-79) Amended and adopted 6-1, Carl Weimer opposed.

272. Adopt the levy of 2010 taxes for county and state purposes to the same amount as 2009? (Public hearing held at 11/10 meeting.) Increased revenues will come from new construction, property improvements and increases in assessments. AB 2009-415 (Ordinance 2009-80) Adopted 7-0

273. Limit the levy of 2010 taxes for county road purposes to the same amount as 2009? (Public hearing held at 11/10 meeting.) Increased revenues will come from new construction, property improvements and increases in assessments. AB 2009-416 (Ordinance 2009-81) Adopted 7-0

274. Amend 2010 budget (request #2) in the amount of $3,440,693? The 2009-2010 budget was adopted at the 11/25/08 meeting, vote number 237, but changing economics require modifications. This vote authorized additional amounts to 27 funds and departments be added to the 2010 budget. AB 2009-419 (Ordinance 2009-82) Amended and adopted 6-1, Barbara Brenner9 opposed.

^{1 - 9}Barbara Brenner's comments appear in the printed edition.