Whatcom County Council

Shall the council:

23. Fill a vacancy on the Birch Bay Shellfish Protection District? The district advises council on actions related to the restoration of water quality in the Birch Bay area. Leroy Smith, the only applicant for the vacancy, was appointed. (AB 2010-82) Approved 7-0

24. Authorize the executive to sign a $160,000 contract with Pacific Surveying and Engineering of Bellingham to provide alternative analysis and design of levee improvements to reduce the risk associated with Swift Creek flooding? (Council acting as the flood control district board of supervisors) A state grant for $915,000 to develop a long-term solution to the threat to human health and the environment from the asbestos-containing sediment was accepted at the 1/26/10 meeting, vote number 11. The Pacific Surveying contract will provide evaluation of existing levees and identification of future levee improvements. The contract runs from 2/10/10 through 6/30/11. (AB 2010-86) Approved 7-0

25. Authorize the executive to sign a $20,000 contract with the Northwest Regional Council of Bellingham for their Friendly Visitor program? The goal of the program is to reduce loneliness and isolation by seniors and help them live life as independently as possible. The Northwest Regional Council will retain $1,500 for administration. The contract run from 1/1/10 through 12/31/10. (AB 2010-87) Approved 6-11, Sam Crawford opposed.

26. Authorize the executive to accept a $56,958 state grant for solid waste enforcement? The county health department is responsible for the enforcement of local, state and federal solid waste rules and for the investigation of illegal dumping and improper disposal of solid waste. The health department will inspect solid waste facilities and sites, respond to complaints about mismanaged solid waste sites and provide technical assistance to the general public and customers. The grant requires a local match of $18,986 for a total enforcement cost of $75,944. The grant runs from 1/1/10 to 12/31/11 with grant funds for 2011 contingent upon availability. (AB 2010-90) Approved 7-0

27. Approve the demolition of a barn in Dittrich Park? The 70-year-old barn is in poor condition and not worth the cost to renovate it. The cost to demolish the building with the parks maintenance crew was included in the 2010 budget. (AB 2010-91) Approved 6-1, Barbara Brenner2 opposed.

28. Order the cancellation of uncashed checks issued prior to 12/31/07? The total for 476 inmate trust fund checks is $1,908. The checks were issued between 1/1/07 and 12/28/07. 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 2010-92 (Resolution 2010-05) Approved 7-0

29. Oppose the Clean Water Act of 2010? The bills, HB 3181/SB 6851 will increases the hazardous substance tax from 0.7 percent to 2 percent under the Model Toxics Control Act to help combat pollution in Puget Sound. The council objected to the transfer of 60 percent of that funding to the state general fund, instead of environmental cleanup. Council stated it is opposed to supplanting3 taxes collected by a citizen initiative. For the Bellingham City Council vote on this legislation, see the 2/22/10 meeting, vote number 43. AB 2010-85A (Resolution 2010-06) Approved 6-1, Carl Weimer opposed.

30. Modify the dates for seasonal restrictions on clearing activities in the Lake Whatcom, Lake Samish, Lake Padden, Drayton Harbor and Birch Bay watersheds? 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 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 restrictions are intended to limit the amount of exposed soils susceptible to erosion during the months of greatest precipitation, thereby reducing the amounts of pollution and sediments in sensitive watershed areas. The change will be consistent with the city of Bellingham and the Lake Whatcom Water and Sewer District clearing restrictions. AB 2010-75 (Ordinance 2010-06) Adopted 6-1, Kathy Kershner opposed.

31. Amend the 2010 budget (request #6) in the amount of $25,000? The money is a contingency fund for Point Roberts housing. At the 11/24/09 meeting, vote number 261, the council approved $240,870 for improvements to the Point Roberts sheriff’s compound. A manufactured home was purchased and the existing home was upgraded. The contingency fund can be used to handle border crossing delays and international permits needed for moving project materials. AB 2010-77 (Ordinance 2010-07) Approved 7-0

32. Establish a Point Roberts Community Advisory Committee? The purpose of the five-member committee is to provide advice and recommendations to the executive and the council regarding needs and issues specific to the Point Roberts community. The committee will consist of one person from the Point Roberts Taxpayers Association, one person from the Point Roberts Voters Association, one from the Point Roberts Chamber of Commerce and two members appointed by the executive. The committee has two year terms. AB 2010-76 (Ordinance 2010-08) Approved 7-0

Shall the council:

33. Uphold the decision by the Whatcom County Hearing Examiner that Paul Van de Velde violated the Whatcom County Shoreline Management Program? The county received a complaint about dock work at 2460 Lake Whatcom Boulevard. A county employee that visited the site noticed other possible violations. Mr. Van de Valde received an notice of violation on 7/30/08 about the unpermitted dock work. Mr. Van de Velde submitted an application that the dock is a non-conforming structure. To date, no formal decision has been issued. On 10/23/08, Whatcom County issued an enforcement order to Mr. Van de Valde to remove a gazebo, patio, retaining wall and associated fill constructed in violation of the Shoreline Management Program. The hearing examiner upheld the county enforcement order of 10/23/08. Mr. Van de Velde is ordered to apply for a demolition permit in order to remove the illegal work. The hearing examiner’s decision was appealed to the County Council (AB 2009-397) Approved 7-0

34. Uphold the decision by the Whatcom County Hearing Examiner that returns a short plat to planning and development services? On 12/28/06, Mark and Tara Wright applied for a four-lot short plat at 5757 Barr Road, Ferndale. On 3/26/09, planning and development services approved the short plan subject to conditions. The appellants appealed four conditions; two were resolved before the public hearing. The hearing examiner remanded the application to the planning and development services for further processing in conformity with the hearing examiner’s conclusions of law. The hearing examiner’s decision was appealed to the County Council (AB 2009-502) Approved 7-0

35. Authorize the executive to sign a lease renewal with the Northwest Wildlife Rehabilitation Center to operate a wildlife rehabilitation facility at 3671 Mount Baker Highway? The original contract was approved at the 11/11/05 meeting, vote number 194. The property is located at Nugent’s Corner. The wildlife center is restricted to rehabilitating small animals; the rent is $83.36 per month plus state leaseholder tax and the center is responsible for building operating, maintenance and improvement costs. The center is also responsible for daily oversight of adjoining county owned properties. The contract runs from 5/1/10 to 4/30/15. (AB 2010-109) Approved 7-0

36. Authorize the executive to award the low bid of $391,068 to Tiger Construction of Everson for replacement of the Clearbrook Road/Johnson Creek Bridge? Preliminary designing, engineering, testing and permitting was $225,000 for a total cost of $616,068. The present bridge southwest of Sumas will be replaced with a 50-foot single span with bridge rails and guardrail approaches to be installed. One hundred percent of the bridge work is federally funded. The project was advertised and nine bids were received. AB 2010-110 (Resolution 2010-07) Approved 7-0

37. Amend septic system inspection regulations? (Public hearing held) State law requires periodic septic system inspections to identify and repair failed or faulty systems to protect the county’s water quality. The council amended septic system regulations at the 11/21/06 meeting, vote number 239. Complaints from homeowners resulted in modifications to the original ordinance at the 3/25/08 meeting, vote number 64. The modifications required the first inspection to be by a licensed professional and additional inspection by homeowners after attending an approved testing and maintenance class. This amendment will allow homeowners to perform initial evaluations on their own systems after attending an approved testing and maintenance class. AB 2009-135A (Ordinance 2010-09) Amended and adopted 5-2, Ken Mann and Carl Weimer opposed.

38. Amend the Whatcom County zoning map for a portion of Birch Bay? (Public hearing held) This vote repeals Ordinance 2004-49 that was passed at the 9/28/04 meeting, vote number 165. That vote implemented the Birch Bay Community Plan. It has been determined that the current zoning imposed unreasonable obstacles to the development properties. A portion of the Birch Bay Urban Growth Area will be removed from provisional zoning restrictions and be rezoned “general commercial” and “urban residential mixed use” in the area surrounding Arnie and Anderson roads. AB 2010-102 (Ordinance 2010-10) Adopted 6-1, Carl Weimer opposed.

39. Continue the interim moratorium on the acceptance of new applications for subdivisions within the Lake Whatcom watershed? (Public hearing held) Lots that remain five acres or greater are exempt from the moratorium. The moratorium was first passed at the 2/8/05 meeting, vote number 46. This is the 11 time the moratorium has been continued with the last time at the 9/15/09 meeting, vote number 212. The action is necessary to assess the threat development may be to future degradation of the watershed and the drinking water supply. Interim ordinances must be renewed every six months. AB 2010-101 (Ordinance 2010-11) Adopted 6-1, Sam Crawford opposed.

40. Clarify “parcel” in the Agriculture Protection Overlay zone? (Public hearing held) An interim ordinance was passed at the 9/15/09 meeting, vote number 213. The definition of “parcel” in the Agriculture Protection Overlay zone is changed to include adjacent rights-of-way in calculating parcel size and removes submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located westward of the ordinary high water mark in calculating the parcel size for properties within jurisdiction of the Shoreline Management Program. AB 2010-49 (Ordinance 2010-12) Adopted 6-1, Barbara Brenner4 opposed.

41. Amend 2010 project budget (request #1) in the amount of $1,464,253? Appropriate: $519,778 for trails, restrooms, signage and parking at Lily Point Marine Park in Point Roberts; $489,475 to construct a maintenance facility to consolidate northwest and southwest regions at one site; $150,000 for ADA playground equipment and accessible paths at Hovander-Tenant Lake; $100,000 for ADA playground equipment at Bay Horizon Park, Birch Bay; $205,000 to repair damage due to rot at the Silver Lake Lodge. AB 2010-96 (Ordinance 2010-13) Adopted 5-2, Barbara Brenner5 and Ken Mann opposed.

42. Amend the 2010 budget (request #7) in the amount $1,985,140? This amendment contains 25 funding requests. Major appropriations and re-appropriations: $648,024 for Lily Point acquisition; $446,722 for revised tort allocation; $285,802 for the sheriff; $219,165 for SHSP grant and $100,000 for Center for Economic Vitality. AB 2010-97 (Ordinance 2010-14) Approved 6-1, Barbara Brenner6 opposed.

43. Adopt an emergency ordinance imposing a moratorium on the acceptance of new applications for wind energy systems greater than 500 Kilowatts or multiple wind energy systems per parcel with a cumulative rated output above 100 Kilowatts? (Public hearing held at 3/15 meeting) The ordinance establishing procedures for the installation of small wind energy systems was passed at the 10/21/08 meeting, vote number 211. Applications completed prior to this action are exempt. The Whatcom County Council is required to hold a public hearing within 60 days of the adoption of this ordinance. AB 2010-116 (Ordinance 2010-15) Adopted 6-1, Ken Mann opposed.

^1-6Barbara Brenner's comments appear in the printed edition.