Whatcom County Council

Action Taken at September 25, 2012 Meeting

Shall the council:

157. Authorize the executive to sign a settlement agreement with Futurewise, the City of Bellingham and Caitac USA? The Whatcom County Council at the 2/22/2011 meeting, vote #24, voted to consider rezoning the Caitac USA property from R10 (one house per 10 acres) to R5A (one house per five acres) and rezone the golf course from R10A to Tourist Commercial to allow a hotel with limited area of more intense rural development designation. The Bellingham City Council at the 7/11/2011 meeting, vote #127, authorized the city to appeal any rezones. Futurewise filed an appeal with the Washington Growth Management Hearings Board, later the city filed an appeal. The hearings board consolidated the two appeals. The settlement agreement dismisses all hearings board claims. The settlement contains the following terms: the County Council will repeal the ordinance passed at the 12/6/2011 meeting, vote #223, so the area rezoned R5A for the housing development will revert back to R10A; no part of that area may be rezoned from R10A to R5A for a period of five years; Whatcom County and Caitac USA will terminate the housing development agreement; the ordinance passed at the 12/6/2011 meeting, vote #224, will remain in effect, so the area where the hotel will be built will keep the designation of Rural Tourism LAMIRD (limited areas of more intensive rural development) and the rezoning to Tourist Commercial and the development agreement associated with the hotel near the golf course will also remain effect. (AB2012-018) Approved 6-1, Kathy Kershner opposed.

158. Dismiss the appeal of the Whatcom County Hearing Examiner’s decision on the Sleepy Hollow subdivision? The application before the hearing examiner was for a cluster Long Plat for 45 single-family lots on 23 acres at Lake Samish. The application hearing examiner denied the application based on the failure to provide potable water for the subdivision. The developer, Derek Stebner, appealed the hearing examiner’s decision the the council. Concerned Neighbors of Lake Samish filed a motion to dismiss the appeal based on the failure by Mr. Stebner to provide the County Council with a transcript within 30 of the appeal. (AB2012-275) Approved 7-0

159. Confirm the initial appointments to the Whatcom County Commission on Salaries for Elected Officials? The Whatcom County Charter — initially approved in 1978 — gave the County Council the power to set salaries. At the 11/8/2011 general election, 60 percent of the voters approved a Charter amendment approving a salary commission. The salary commission consists of ten members serving two-year terms; six members are selected by lot and four by the executive. The four selected by the executive require an area of expertise; Wendy Eickmeyer (business), Kara Turner (professional personnel management), Robert Carmichael (legal profession) and Allan Jensen (organized labor). Selected by lot; Thom A. Fischer and Patricia O. Rose (District #1), Cary W. Gustafson and George J. Plucinski (District #2), Paul H. Halladin and Kathy Richardson (District #3).The terms will end on 12/31/2014. (AB2012-307) Approved 6-1, Pete Kremen opposed.

160. Approve six 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 council agreed with the planning commission recommendations, they approved six applications and denied two.1 The council also voted 5-2, Sam Crawford and Bill Knutzen opposed, to request the executive and planning commission review open space taxation categories. AB2012-273 (Resolution 2012-027) Approved 7-0

161. Adopt the 2013 annual road construction program? (Public hearing held) The road construction program is identical — except for two projects — to the first year of the six-year transportation plan which was approved at the 8/7/2012 meeting, vote #144. Expenditures of county funds are estimated at $6,065,000 and the grand total is estimated at $19,306,000 for 31 projects. AB2012-299 (Resolution 2012-028) Approved 7–0

162. Prohibit the introduction and transportation of aquatic invasive species into the waters of Whatcom County? (Public hearing held) This ordinance prohibits launching of boats and seaplanes infested with invasive species and requires inspection and penalties. Prevention programs are necessary to reduce risk of infestation. This includes all lakes and freshwater streams where watercraft has access. AB2012-042A (Ordinance 2012-034) Adopted 6-1, Barbara Brenner2 opposed.

163. Amend the 2012 budget (request #12) in the amount of $108,908? Appropriate: $26,600 to the sheriff’s office to fund continuation of records management system consulting services; $60,000 to the sheriff’s office for overtime in traffic control and safety response services and $22,308 to the sheriff’s office to coordinate planning and response to natural disasters and emergencies. AB2012-298 (Ordinance 2012-035) Adopted 7-0

164. Amend the code of ethics ordinance? Council changed “practicing attorney” to “active member of the state bar” and also added the word “knowingly” before “participate in the decision making process.” AB2012-158 (Ordinance 2012-036) Amended and adopted 7-0

165. Revoke the revolving petty cash fund for the Juvenile Court administration? The $50 fund was approved at the 4/26/2005 meeting, vote #93. The fund was created for change and to make small purchases. The fund has outlived its usefulness; it has not been used since 2007. The money will be returned to the county treasurer. AB2012-297 (Ordinance 2012-037) Adopted 7-0

-h Action Taken at October 9, 2012 Meeting

Shall the council:

166. Fill two vacancies on the Whatcom County Solid Waste Advisory Committee? There are three vacancies on the committee. Amber Jones (Sanitary Service Company), a business and industry representative, is appointed to a partial term expiring 1/31/2013. Casey Heinle, a citizen group representative, is appointed to a full term expiring on 1/31/2016. The remaining vacancy is a citizen group representative. (AB2012-092C) Approved 7–0

167. Authorize the executive to sign a $127,512 contract (amendment #2) with Norstan Communications doing business as Black Box Network Services of Minneapolis, Minnesota for telephone and voice mail systems? The two-year contract is a continuation (1/1/2013 through 12/31/2014) of the service plan for Ericsson MX One. This amendment supports the current phone system until it will need to be replaced and brings the total amended amount to $395,646. The annual maintenance amount is decreased by $2,721 per year by reducing number of phone extensions. (AB2012-309) Approved 7–0

168. 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 1/1/2013 through 9/22/2013 on projects to advance salmon recovery and enhance water quality and shellfish protection. Total cost is $100,000, with the county providing $60,000 and the Nooksack Salmon Enhancement Association providing $40,000. (AB2012-310) Approved 7–0

169. Clarify the boundaries of the no shooting zone for the Bonneville Power Administration’s transmission line easement area? (Public hearing held) The legal description omitted the portion of the easement underneath the power lines near North Shore Road area close to a residential area. AB2012-301 (Ordinance 2012-038) Adopted 6-1, Bill Knutzen opposed.

Action Taken at October 23, 2012 Meeting

Shall the council:

170. Authorize the executive to sign a $336,255 contract (amendment #1) with Pioneer Human Services of Seattle to provide permanent supportive housing for reentering offenders and homeless veterans? The contractor will also provide housing case management and behavioral health services for housing stability. The original contact was approved at the 12/6/2011 meeting, vote #212. This amendment expires on 12/31/2013 and the total amended amount is $639,510. AB2012-321 Approved 7-0

171. Authorize the executive to sign a $104,135 lease renewal with John von Krusenstiern for warehouse space to store inactive county records? The county currently leases 3,438 square feet of space at 4020 Hammer Drive, Bellingham, to store approximately 8,500 boxes of inactive records. The lease is $20,827 per year for five years; it expires on 12/31/2017. (AB2012-322) Approved 7-0

172. Authorize the executive to sign a $145,000 contract (amendment #1) with McAsphalt Industries of Langley, B.C., for asphaltic emulsions? This amendment covers the period 5/12/2012 through 10/31/2012 and increases contract amount to $565,000 to provide and deliver CRS-2 and CRS-2P asphaltic emulsions (road oil). McAsphalt supplied extra oil in middle of chip sealing season when Paramount Petroleum of Seattle could not fulfill needs. (AB2012-323) Approved 6-1, Barbara Brenner3 opposed.

173 Authorize the executive to award the low bid of $1,391,912 to Faber Construction of Lynden for exterior repairs to the Civic Center building? The windows leak and siding leaks and the building is not well insulated. The repairs will correct these problems and reduce energy costs.The work was advertised and three bids were received. A contingency fee of $139,191 brings the total contract to $1,531,103. (AB2012-324) Approved 5-2, Barbara Brenner4 and Ken Mann opposed.

174. Terminate the Washington Counties Insurance Pool? The self-insured vision plan became a fully insured plan at the end of 2010. This vote will not have any impact on the fully insured plan administered by Vision Services Plan. When all the run-out claims are paid and 75 percent of members agree, the insurance pool will be terminated. AB2012-320 (Resolution 2012-029) Approved 7-0

175. Establish regular Whatcom County Council meeting dates for 2013? The council will meet every other Tuesday beginning on January 15, except for August and December when one meeting is scheduled. AB 2011-319 (Resolution 2012-30) Approved 6-1, Barbara Brenner5 opposed.

176. Amend the 2012 project budget (request #2) in the amount of $204,662? The additional costs are for exterior repairs to the Civic Center building. AB2012-313 (Ordinance 2012-039) Adopted 5-2, Barbara Brenner and Ken Mann opposed.

177. Amend the 2012 budget (request #13) in the amount of $212,411? Appropriate: $7,749 to the Public Defenders office to fund extra help to attorneys to meet state standards for caseloads and $204,662 for additional repairs to the Civic Center building. AB2012-316 (Ordinance 2012-040) Adopted 5-2, Barbara Brenner and Ken Mann opposed.