Whatcom County Council

Shall the council:

150. Authorize the executive to submit an application with the state of Washington for $626,716 in consolidated homeless grant funding? The grant supports an integrated system of housing assistance for the homeless and provides shelter for families at risk for homelessness. Whatcom County’s 2005 ten year plan to end homelessness is updated with a new Homeless Services Center project1 to coordinate help for individuals and families in severely unstable housing situations, to focus on youth homelessness and separation, provide stable housing and create more linkages with community service systems. (AB 2011-300) Approved 7-0

151. Authorize the executive to sign a $700,000 loan and grant agreement with the Port of Bellingham for Economic Development Investment Board2 funding? The $500,000 loan and $200,000 grant will partially fund the $2,500,000 renovation by the Port of Bellingham of a 15,000 square foot building at 300 Harris Avenue. The Port Commission approved a 10-year lease with Index Industries at the November 16, 2010 meeting, vote #159. The manufacturing facility is currently located in Stanwood. Approximately 14 Stanwood employees will move to Bellingham, 20 employees will be hired in Bellingham and number of employees may increase to 50 in three years. (AB 2011-302) Approved 7-0

152. Authorize the executive to sign a lease agreement for $123,375 with the Opportunity Council for operation and maintenance of the East Whatcom Regional Center in Kendall? The county will pay the Opportunity Council to operate the center from 10/1/2011 through 9/30/2016. The above figure covers 2011 and 2012, the amount for 2013, 2014 and 2015 will be determined at a later date. As lead tenant, the Opportunity Council will support, manage and operate programs in the facility and will pay $15,000 a year for renting Headstart space. This Community Resource Center will be used by non-profit agencies to serve low income and disadvantaged children and families. Whatcom County will provide support of $98,700 annually. (AB 2011-303) Approved 7-0

153. Authorize the executive to spend $226,042 to purchase three replacement tractors? Three 2011 John Deere 6430 tractors will replace three 2001 New Holland TM115 tractors with between 7,683 and 6,281 hours. The three tractors will be purchased from Washington Tractor of Lynden. (AB 2011-304) Approved 7-0

154. Authorize the executive to spend $188,645 to purchase three replacement mowers? The three US Mower long arm rotary boom mower will replace two 2000 Bomford rotary mowers and one 2003 US Mower rotary mower with between 7,683 and 6,281 hours.The three mowers will be purchased from the manufacturer US Mower in Burlington, WA. (AB 2011-305) Approved 7-0

155. Authorize the executive to award the low bid of $2,013,450 to Sierra Detention Systems of Golden, CO, for upgrades to the jail and juvenile detention fire alarm and security electronics systems? The work was advertised and three bids were received. Funding is provided from a general fund bond issue. (AB 2011-306) Approved 7-0

156. Authorize the executive to award the low bid of $137,622 to Westwood Pharmacy of Richmond, VA, for the supply of medications for jail inmates? The company’s bid was presented with a workable and lower cost plan for obtaining selected medications used extensively in the jail. Expenditures will be based on actual need. The contract allows for up to four annual extensions. The county advertised for a supply of medications and three bids were received. The only local bidder was $66,000 above the low bid. (AB 2011-307) Approved 7-0

157. Authorize the executive to award the low bid of $941,338 to Reisner Distributor of Lynden for the annual supply of fuel? The agreement provides fuel delivery to the Central Shop, Lummi Ferry, and Silver Lake Park for the county’s equipment and vehicles for a period of one year. The actual expenditure will vary from the contract’s estimate to allow for price fluctuations. The actual expenditure for 2010 was $598,904. The contract allows for three one-year extensions. The annual supply of fuel was advertised and two bids were received. (AB 2011-308) Approved 7-0

158. Adopt the Whatcom County Multi-Jurisdictional Hazard Mitigation Plan? (Public hearing held) order to receive federal natural disaster relief, the county must have an approved hazard mitigation plan. The plan was first adopted at the 5/24/2005 meeting, vote #107. This update addresses additional hazard areas in addition to the Nooksack River and includes coastal areas and alluvial fans. AB 2011-293 (Resolution 2011-30) Approved 7-0

159. Adopt the Whatcom County Multi-Jurisdictional Natural Hazards Mitigation Plan for the Whatcom County Flood Control Zone District? (Public hearing held: The council acting as the flood control district board of supervisors) The mitigation plan that was first approved at the 5/24/2005 meeting, vote #107; it was only adopted by the council for Whatcom County and not the flood control district, therefore the district was not eligible for funding following the 2009 flood. This plan is the same as the one in the previous vote even though the title is slightly different. AB 2011-294 (Resolution 2011-31) Approved 7-0

160. Dissolve the Lummi Island Ferry Task Force? The County Council established a seven-member task force at the 11/23/2010 meeting, vote #204. 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 report was presented to the council at the 8/9/2011 meeting. AB 2011-187A (Resolution 2011-32) Approved 7-0

161. Amend the 2011 budget (request #9) in the amount of $1,418,987? Appropriate: $25,000 to fund the historical preservation grant program; $26,172 to sheriff’s office from Operation Stonegarden grant to enhance enforcement and preparedness along the border for overtime and mileage; $286,000 from Operation Stonegarden grant for wages, benefits, mileage and purchase of multi-band portable radios; $671,815 from Operation Stonegarden grant to sheriff’s office and police departments in Whatcom County’s cities for overtime, mileage and needed equipment for enhanced patrol in order area; $200,000 from Economic Development grants in support port’s Index Industries expansion project and $210,000 for 2011 and 2012 to support PUD#1 water supply planning project from an EDI grant. AB 2011-297 (Ordinance 2011-38) Approved 7-0

Shall the council:

162. Authorize the executive to accept a $28,479 state grant (amendment #4) 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 25 percent local match of $8,494 for a total of $37,973 and the amended total is $151,889. This grant expires on 12/31/2011. (AB 2011-324) Approved 7-0

163. Authorize the executive to sign a modified agreement with the What-Comm Communications Center to integrate a $l.5 million revenue sharing plan? The agreement to operate the center with the city of Bellingham was originally signed in 1996, rewritten in 2002 and extended through December 2012. This modification caps the overall cost at 1.5 million from the telephone tax and applicable state funds. Any revenue collected over l.5 million dollars shall be put in a fund for expenses. (AB 2011-325) Approved 7-0

164. Authorize the executive to sign a $39,501 contract (amendment #4) with Bennett Engineering of Bellingham for monitoring the Cedarville and Y Road landfills? The original contract was approved at the 1/27/2009 meeting, vote #17. This amendments adds four new tasks, permitting for construction of the Cedarville leachate management system, bid preparation, construction management and documentation. This amendment brings the total contract to $251,011 and expires on 3/31/2013. (AB 2011-326) Approved 7-0

165. Authorize the executive to accept a $240,000 state grant to renovate the boat launch facility at Lighthouse Marine Park at Point Roberts? The state grant will be combined with a local match of $80,000 for a total of $320,000. The project will replace wooded pilings with steel pilings, install a new dock and fishing platform and make improvements in accessibility. The contract begins 9/7/2011 and ends 8/31/2013. (AB 2011-327) Approved 7-0

166. Adopt the 2012 annual road construction program? (Public hearing held) The construction program is identical to first year of six-year transportation plan which was approved at the 9/13/2011 meeting, vote #142. Expenditures of $5,933,000 and total expenditures of $8,878,000 are the estimated cost of 34 projects. AB 2011-309 (Resolution 2011-33) Approved 6-1, Ken Mann opposed.

167. Establish regular Whatcom County Council meeting dates for 2012? The council will meet every other Tuesday beginning on January 10, except for August and December when one meeting is scheduled and Wednesday, November 7 to avoid election day. AB 2011-315 (Resolution 2011-34) Approved 6-1, Barbara Brenner3 opposed.

168. Conduct a public hearing to consider creating a “no-shooting zone” in the Glenhaven Lakes area? Citizens in the area which includes Cain and Reed Lakes have requested this restriction to promote public safety and welfare. The hearing will be set at a later date. AB 2011-275 (Resolution 2011-35) Approved 6-1, Bill Knutzen opposed.

169. Amend the official zoning map for approximately 470 acres from the designation of R10 to R5? (Public hearing held) At the 11/24/2009 meeting, vote #263, the council rezoned the 470 acres south of Drayton Harbor Road and north of Lincoln Road from Urban Residential Zoning to R10. An application for this amendment was submitted by a member of the County Council. The Planning Commission concluded that the Whatcom County Comprehensive Plan rural land policies don’t provide any distinction in rural character between R10 one dwelling unit per 10 acres and R5 one dwelling unit per five acres zoning, the existing infrastructure is adequate for services and the change is consistent with the Comprehensive Plan Environment goals and recommended the rezone. AB 2011-274 (Ordinance 2011-39) Adopted 5-2, Ken Mann and Carl Weimer opposed.

170. Continue the interim moratorium on the acceptance of new applications for wind energy systems? (Public hearing held) The moratorium refers to systems greater than 500 kilowatts or multiple systems per parcel with a cumulative rated output above 100 kilowatts? An emergency moratorium was passed at the 2/20/2010 meeting, vote #42, and interim moratoriums passed at the 4/13/2010 meeting, vote #68; 10/12/10 meeting, vote #181 and 4/26/2011 meeting, vote #60. The Planning Commission requires additional time to address the impacts in dense residential zoning. Interim ordinances must be renewed every six months. The ordinance expires on 4/26/2012. AB 2011-145B (Ordinance 2011-40) Adopted 5-2, Ken Mann and Carl Weimer opposed.

171. Amend the official Whatcom County map in the Birch Bay area from the designation R5A to R10A? At the 11/24/2009 meeting, vote #263, the council removed 770 acres from the Birch Bay Urban Growth Area and at the 12/7/2010 meeting, vote #236, the council voted to change it from R5A back to R10A. This ordinance was appealed. The Growth Management Hearing Board upheld the rezoning except for 98 acres located in the 100-year floodplain. On 9/8/2011, the Whatcom County Planning Commission held a public hearing recommending rezoning the 98 acres from R5A to R10A in accordance with Whatcom County Comprehensive Plan policies to discourage development in flood prone areas and limit lands in the flood plain to low intensity uses such as open space corridors and agriculture. AB 2011-310 (Ordinance 2011-41) Adopted 6-1, Kathy Kershner opposed.

Shall the council:

172. Authorize the executive to sign a joint funding agreement with the federal government for annual operation and maintenance of six stream gages network on the Nooksack River? (Council acting as flood control district board of supervisors) The county’s share of the flood warning system will be $62,400 and the federal government’s will be $14,420. This reflects a 3 percent increase over last year. Agreements with the city of Bellingham and state of Washington provide additional funding. The agreement runs from 10/1/2011 to 9/30/2012. (AB 2011-337) Approved 7-0

173. Authorize the executive to sign a lease agreement with the Black Mountain Forestry Center to use Silver Lake Park for public education on forest management? The nonprofit organization will pay the county $1 a year to use approximately five-acres at the park as a public education, arboretum and exhibit area focusing on county forestry practices. The lease begins on 11/1/2011 and end on 10/31/2016. (AB 2011-338) Approved 7-0

174. Authorize the executive to sign a $1,933,640 contract with the Opportunity Council for the Whatcom Homeless Service Center? The purpose of the center is homeless reduction, emphasizing permanent housing with supportive services. Funding provides administrative and program services and distributes rental and utility assistance subsidies for the Housing and Essential Needs program. A state grant of $1,933,640 from 1/11/2011 to 6/30/2013 covers the contract. AB (2011-339) Approved 7-0

175. Authorize the executive to complete the acquisition of two properties in Marietta? The purchase prices cannot exceed those discussed in executive session. (AB 2011-341) Approved 6-1, Ken Mann opposed.

176. Approve 13 open space applications? (Public hearing held) The law gives property tax relief to open space designations and decreases conversion to non-rural use. If the property is removed from the open space designation it is subject to an additional tax equal to the difference between the tax paid on the current use value and tax would have been paid on that land had it not been classified. The additional tax is payable for the last seven years, plus interest. The Planning Commission approved eight timberland applications and four open space land applications. The council approved the 12 Planning Commission recommendations and one they opposed, the Robert Kaplan application. AB 2011-328 (Resolution 2011-36) Approved 4-3, Kathy Kershner, Bill Knutzen and Tony Larson opposed.

177. Clarify the intent of one-time economic hardship extensions of land use permits? The economic hardship extension was first passed at the 5/11/2010 meeting, vote #103, and continued it at the 12/7/2010 meeting, #238. The Growth Management Hearings Board interpreted the wording to mean extensions could be filed until 3//2012, but interim ordinances must be renewed every six but it wasn’t renewed so hardship extensions expired on 6/19/2011. AB 2011-317 (Resolution 2011-37) Approved 6-1, Carl Weimer opposed.

178. Amend 2011 budget (request #10) in the amount of $338,191? Appropriate: $31,167 to sheriff’s office to replace 16 tactical ballistic protective vests for the special response team; $42,024 to sheriff’s office to fund boating safety program; $200,000 from the Homeless Housing Fund to provide rental and utility assistance and other essential needs; $65,000 to the Health Department to fund increase in housing case management contracts, so the same level of homeless will be served. AB 2011-329 (Ordinance 2011-42) Adopted 5-2, Bill Knutsen and Ken Mann opposed.

¹The program collects a surcharge on recorded documents promoting historical preservation and beneficial programs; grants are for eligible local history projects by non-profit organizations.

²The Economic Development Investment Board was set up by the county; board members include small cities and other economic interests such as the agriculture community. The loan money comes from portions of the rural sales tax which can only be used for public facility projects.

³Barbara Brenner's comments appear in the printed edition only

Open space land: Alan/Lynda Johnson, 5697South Pass Road, 19 acres; Don/Theresa Kamphouse, adjacent to 8626 South Pass Road, 24.8 acres; Robert Kaplan, 3951 Sweet Road, Blaine, 1.8 acres. Open space timber: George Rounthwaite, Squalicum Mountain, 30 acres; Velma Hoy McWhinney, south of Alm Road and north of Breckenridge, 31.4 acres. Transfer from designated forest land to timber land: Kristine Unger, Henderson and Y road, 18.3 acres; Terrance/Sharon Unger, Handerson and Y roads, 16.5 acres; Linda/James Radtke, Henderson and Y road, 25.1 acres; Douglas/Colleen Freeman, 3891 H Street Road, 25.7 acres, Transfer from farm and agricultural land to open space land: Roger/Patricia Hicks, 1680 Galbraith Land, 5.6 acres; Richard/Susan Kimball, Lynden/Nooksack Valley, 5.7 acres; Karen Howell, 8466 Silver Lake Road, 46.2 acres. Transfer from timber land to open space land: city of Bellingham, 2600 block of Lake Whatcom Boulevard, 10.6 acres.

Lisa/Jeffrey Poe, 9053 Stein Road, 3.8 acres; Garrett Howell, 9361 Deltop Drive, 4.0 acres and James/Edna Forsythe, 3106 Haynie Road, Custer, 8.5 acres.