Whatcom County Council

Shall the council:

181. Allow the Whatcom County Flood Control Zone District to enroll in the Washington government entity pool? The pool provides liability and property insurance for government entities in the state. AB 2006-342 (Resolution 2006-56) Approved 7-0

Shall the council:

182. Authorize the executive to enter into an agreement with Verizon Northwest of Everett, for an easement at Bay Horizon Park? Verizon will pay the county $5,400 for the perpetual easement and install underground conduits to accommodate new development on the southern portion of the park on Alderson Road. It will construct a wheelchair accessible gravel trail on top of the easement and connect it to trails in the adjacent development. (AB 2006-345) Approved 6-0, Ward Nelson absent.

183. Authorize the executive to enter into a $375,690 contract with Transpo Group of Kirkland, for consulting services to provide a comprehensive management program for Birch Bay and Blaine? Rapid population and traffic growth have impacted these communities; the management program will provide plans and propose impact fees to fund public facilities and service improvements. The contract runs from 10/1/06 to 12/31/07. (AB 2006-356) Approved 4-2, Carl Weimer and Barbara Brenner1 opposed, Ward Nelson, absent.

184. Authorize the executive to sign a $85,000 contract with Geneva Consulting of Bellingham, to develop a detailed water resource management plan in the Nooksack watershed? This is phase 4 of the Water Resource Inventory Area No. 1 (WRIA 1) process that is being funded by a state grant. The contract runs from 10/1/06 to 6/30/07. (AB 2006-358) Approved 6-0, Ward Nelson absent.

185. Authorize the executive to accept an amended state grant of $92,000 to fund the Whatcom County Marine Resources Committee through July 2007? The grant will support a part-time staff position, expand community outreach efforts, expand a clam enhancement project, remove waste wood from Cliffside Beach and restore the Squalicum Creek estuary. The original six-year grant was $157,800 for a total of $249,800. (AB 2006-360) Approved 6-0, Ward Nelson absent.

186. Authorize the executive to enter into a joint funding agreement with the federal government for the ongoing operation and maintenance of seven stream gages on the Nooksack River? The county’s share of the flood warning system will be $54,380 and the federal government’s will be $12,420 for a total of $66,800. The total cost is $3,555 more than last year. (AB2006-362) Approved 6-0, Ward Nelson absent.

187. Authorize the executive to amend a contract with Snohomish County in the amount of $154,560 to house Whatcom County prisoners in their jail? The original contract (10/25/05 meeting, vote number 210) began on 10/27/05 and was to end on 9/30/06 when the new minimum-security jailed opened. Construction of the new jail was not completed on 9/30/06 so the contract is extended through 12/31/06 and the amended total is $680,400. (AB 2006-362) Approved 6-0, Ward Nelson absent.

188. Vacate a portion of Crestview Road, an unopened road in the Custer area? The short unimproved road south of Harksell Road and adjacent to the petitioners’ properties will be vacated following payment of $9,215 and required fees. AB 2006-321 (Resolution 2006-57) Approved 6-0, Ward Nelson absent.

189. Declare that Whatcom County has an interest in purchasing renewable energy? The county will take a leadership role in promoting sustainable energy by promoting energy efficiency and purchasing renewable energy for the county’s operations. It will purchase renewable energy credits from Puget Sound Energy equal to 100 percent of electricity used in government owned and operated- facilities in 2007. The county endorses the Green Power Community Challenge and encourages citizens to participate in Puget Sound Energy’s Green Power program and. The county will enter into an agreement with the Environmental Protection Agency to participate in their Green Power Partnership program. AB 2006-335 (Resolution 2006-58) Amended and approved 5-1, Sam Crawford opposed, Ward Nelson absent.

190. Amend the 2006 budget (request #13) in the amount of $294,296? The expenditures include: $17,984 to the sheriff’s office for a laminating identification card system and protective film for office windows; $22,206 for a new Canyon Lake trail bridge; $154,560 for Snohomish County jail beds for October through December 2006; $42,000 for minimum security facility bunk beds; $52,627 for the final payment toward road improvement loans; $4,919 for additional costs from the Boundary Review Board. AB 2006-349 (Ordinance 2006-40) Approved 6-0, Ward Nelson absent.

191. Move the petty cash fund for the Lummi Island ferry from the road fund to the ferry operations fund and increase the amount by $200? The ferry operation fund was approved at the 12/6/05 meeting, vote number 253. This vote revises Ordinance 2002-42 (7/16/02 meeting, vote number 128) increasing the petty cash fund to $1,000. AB 2006-351 (Ordinance 2006-41) Approved 6-0, Ward Nelson absent.

192. Establish a $100 petty cash fund for the design/construction and stormwater division of the public works department? AB 2006-350 (Ordinance 2006-42) Approved 6-0, Ward Nelson absent.

Shall the council:

193. Authorize the executive to enter into an interlocal agreement with the city of Bellingham to participate in local infrastructure financing within Bellingham’s revenue development area? The county would allocate a portion of local property, sales and use tax revenues to help finance the development of the former Georgia-Pacific Corporation site (called New Whatcom) on the waterfront. For more information, see the Bellingham City Council meeting on 10/23/06, vote number 275 (AB 2006-347A) Failed 1-6, Barbara Brenner,2 Laurie Caskey-Schreiber, Sam Crawford, Dan McShane, Ward Nelson and Carl Weimer opposed.

194. Authorize the executive to award the low bid of $222,220 to Ebenal General of Bellingham, for heating, ventilation and air conditioning modifications to courtrooms 2 and 3? The work was advertised and two bids were received. (AB 2006-370) Approved 7-0

195. Authorize the executive to enter into a contract with the state of Washington for the Washington Conservation Corps work crews? County expenses to fund the work crews will be $75,000 and the state $91,000 for a total of $166,000. Previous crews have been supervised by the Nooksack Salmon Enhancement Association (10/25/05 meeting, vote number 204 and 5/13/04, vote number 93) and have been involved in more than 50 watershed restoration projects. The contract runs from 10/11/06 through 8/31/07. (AB 2006-372) Approved 7-0

196. Authorize the executive to enter into a $10,787 amendment contract with Puget Sound Restoration Fund of Bainbridge Island for water quality monitoring in northern Chuckanut Bay? The original contract ($3,905) and first amendment (2/14/06 meeting, vote number 40) was for water quality monitoring in Birch Bay, Drayton Harbor and California Creek. This amendment will cover sampling sites, sampling methods for fecal coliform bacteria and stream flow calculations in northern Chuckanut Bay. The contract expires on 7/30/07 and the total amended amount is $54,186. (AB 2006-377) Approved 7-0

197. Award a $300,000 grant to Washington State University for the Northwest Washington Agricultural Research and Extension Center in Mount Vernon? The Economic Development Investment Board3 recommended the grant to supplement the $8.2 million raised by the university to expand the center which focuses on small fruit horticulture and related issues. (AB 2006-378) Approved 7-0

198. Confirm the executive appointment of George Raper to the Whatcom County Veterans’ Advisory Board? Of the initial appointments to the board, this is the final one. The board was created at the 5/23/06 meeting, vote number 117. The first eight appointments were confirmed at the 7/25/06 meeting, vote number 151. Mr. Raper was appointed to a three-year term ending on 12/31/08. (AB 2006-381) Confirmed 7-0

199. Set October 24 as public hearing date to sell tax-title property by negotiation? (1) TR 2006-12, the property in Brighton Crest near Kendall, abuts the east side of an abandoned railroad, it has been declared unbuildable and will be sold for no less than taxes and other costs of $2,788. AB 2006-379 (Resolution 2006-59); (2) TR 2006-13, the property abuts the west side of an abandoned railroad near Sprague Lake, Kendall, it has been declared unbuildable and will be sold for no less than taxes and other costs of $906.90. AB 2006-380 (Resolution 2006-60) Both approved 7-0

200. Designate October 22–28, 2006 as Adult Literacy Week? This resolution heightens awareness of the need for basic adult English language education and writing ability for adults of all ages and backgrounds. AB 20006-390 (Resolution 2006-61) Approved 7-0

201. Establish Whatcom County Council meeting dates for 2007? The council will meet every other Tuesday beginning on January 16, except for August and December when one meeting is scheduled and on Wednesday, November 7 to avoid Election Day. AB 2006-367 (Resolution 2006-62) Approved 6-1, Barbara Brenner4 opposed.

202. Support the waterfront redevelopment project? The council suports Bellingham’s efforts to create an environmentally friendly, energy efficient and financially viable develpment, and encourages the city to apply for county grants and low-interest loans for public infrastructure and economic development. AB 2006-392 (Resolution 2006-63) Approved 7-0

203. Continue the interim ordinance to rescind the Urban Growth Area designation for Sudden Valley? Whatcom County is committed to reducing development in the Lake Whatcom watershed. The council has decided that the public interest would not be served by having a second city on the shores of Lake Whatcom. An emergency ordinance to rescind the designation was passed at the 2/28/06 meeting, vote number 59. An interim ordinance was passed at the 4/18/06 meeting, vote number 90. Interim ordinances must be renewed every six months. AB 2006-132B (Ordinance 2006-43) Adopted 5-2, Sam Crawford and Ward Nelson opposed.

204. Continue the interim moratorium on acceptance of new applications for subdivisions within the Lake Whatcom watershed? All lots that remain five acres or greater are exempt from the moratorium. The council needs to evaluate DOE’s to-be-completed studies on impact of development on phosphorous content and reduction of declining oxygen trends in the lake. The moratorium was first passed at the 4/25/05 meeting, vote number 91, renewed at the 10/25/05 meeting, vote number 215 and 4/25/06 meeting, vote number 97. Interim ordinances must be renewed every six months. AB 2006-172B (Ordinance 2006-44) Adopted 6-l Sam Crawford opposed.

205. Impose an emergency ordinance removing the lot clustering provision from the rural forestry division of the Whatcom County Code? The ordinance will provide time to study what effect clustering development will have on the county’s commercial forests and agricultural lands. This emergency ordinance expires on 12/12/06. AB 2006-393 (Ordinance 2006-45) Adopted 5-2, Sam Crawford and Seth Fleetwood opposed.

Shall the council:

206. Adopt the Whatcom County Hearing Examiner recommendations on the Harborview Road development? The hearing examiner recommended approval of the planned unit development, binding site plan and preliminary long subdivision with conditions. The development will be a maximum of 85 units, 41 single-family lots, two multifamily lots containing 44 units and one open space reserve tract. (AB 2006-364) Approved 6-1, Dan McShane opposed.

207. Adopt the Whatcom County Hearing Examiner recommendations on the Birch Bay Center? The hearing examiner recommended approval of the major development permit and binding site plan with conditions. The two-phased development will be 108,000 square feet. The first phase will be four buildings totaling 73,000 square feet, a grocery store with 45,000 square feet and the remaining 28,000 square feet will be retail, commercial and parking. The second phase will be five buildings with 32,200 square feet of retail and parking. (AB 2006-365) Approved 5-2, Laurie Caskey-Schreiber and Dan McShane opposed.

208. Uphold the Whatcom County Hearing Examiner’s decision related to the Harborview Road development? Fire District #13 appealed the decision prohibiting the imposing of impact fees on the Harbor Road development. The hearing examiner concluded that state law doesn’t allow the fire district to impose impact fees on a development that would exclusively benefit the fire district. (AB 2006-368) Decision upheld 6-1, Dan McShane opposed.

209. Authorize the executive to award the low bid of $211,483 to Modern Machinery of Kent for a Komatsu wheel loader? It replaces a 1987 CAT loader with 8,185 hours. The loader was advertised and four bids were received. (AB 2006-396) Approved 7-0

210. Authorize the executive to enter into a $19,000 contract with the Institute for Environmental Health of Lake Forest Park to analyze water samples from the Drayton Harbor watershed? The institute will analyze approximately 120 surface water samples for microbial source tracking, identifying human, bovine and equine fecal coliform. (AB 2006-401) Approved 7-0

211. Authorize the executive to enter into a $188,905 contract with CH2M Hill of Bellevue to prepare a Lake Whatcom comprehensive stormwater plan? The plan (approved at the 8/8/06 meeting, vote number 166) will include an inventory of present treatment facilities, a construction and maintenance plan for new facilities and a 20-year capital improvement plan. The contract runs from 10/25/06 to 12/31/07. (AB 2006-403) Approved 7-0

212. Adopt the 2007 road construction program? Expenditures are estimated at $14,184,000 for 31 projects: road construction and improvement projects, bridge replacements, intersection and parking improvements, shoulder widening, non-motorized improvements, etc. AB 2006-387 (Resolution 2006-64) Approved 7-0

213. Sell county tax title property by negotiation? (1) TR 2006-12, the property in Brighton Crest near Kendall, abuts the east side of an abandoned railroad; it has been declared unbuildable and will be sold for no less than taxes and other costs of $2,788. AB 2006-279A (Resolution 2006-65). (2) TR 2006-13, the property abuts the west side of an abandoned railroad near Sprague Lake, Kendall; it has been declared unbuildable and will be sold for no less than taxes and other costs of $906.90. (AB 2006-380A (Resolution 2006-66) Both were approved 7-0.

214. Update the Comprehensive Economic Development Strategy? This vote updates the 2004 revision (8/10/04 meeting, vote number 151), which updated the 2002 list (8/13/02 meeting, vote number 154). The strategy sets goals and specific projects for business expansion in Whatcom County and requires approval from the federal government before the projects are eligible for federal grants. AB 2006-378B (Resolution 2006-67) Approved 7-0

215. Support incentives to encourage property owners to provide accessory residences? Subordinate residences (including cottages and carriage houses) are allowed on a legal lot where one residence is owner occupied and does not affect neighboring property. Appropriate zoning shall be within concentrated urbanized areas. The county will provide six designs for accessory residences; all other designs must receive administrative approval. AB 2006-346 (Resolution 2006-68) Amended and approved 7-0

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216. Amend the fee schedule for revocable encroachment permits? Fees will be set in the unified fee schedule each year. Encroachment permits are necessary for any person, corporation, town or utility that needs to disrupt or use a county road right-of-way. AB 2006-385 (Ordinance 2006-46) Adopted 7-0

217. Amend the 2006 budget (request 14) in the amount of $766,036? Appropriate $11,300 for public education on the consequences of wildfires and the improvement of home safety; $10,500 to the sheriff’s office for overtime in the Pacific Northwest Highway Program to stop the transporting of drugs through Washington state; $17,731 to the law library to fund additional books and subscriptions; $426,505 to pay operating costs at the jail work center and pay five main jail transitional staffing deputies for the remainder of 2006; a $300,000 grant (approved at the 10/10/06 meeting, vote number 197) for the Northwest Washington Agricultural Research and Extension Center in Mount Vernon. AB 2006-383 (Ordinance 2006-47) Adopted 7-0

218. Amend the Whatcom County zoning code, add language allowing on-farm processing of agricultural products with specific limitations? The size of the production facility and number of employees are controlled and at least 50 percent of the agricultural goods must have been produced in Whatcom County. No slaughterhouses or mushroom substrate facilities are permitted. The amendment only applies to rural R5A and R10A. AB 2006-388 (Ordinance 2006-48) Adopted 7-0

219. Amend the Whatcom County zoning code, add language on the sale of housing for multifamily farm workers? Existing law only allows the sale to not-for-profit housing agencies; this amendment also allows housing to be purchased by individuals or enterprises whose primary business is agricultural production. The amendment only applies to rural R5A and R10A. AB 2006-389 (Ordinance 2006-49) Adopted 7-0