Whatcom County Council

Shall the council:

220. Authorize the executive to accept a federal grant of $112,562 to partially pay the wages of two detectives? One detective is with the county and the other with the city of Bellingham and both are working with the Northwest Regional Drug Task Force to prevent illegal drug activities and apprehend dealers. The contract runs from 7/l/06 to 6/30/07 and requires local matching funds of $37,529. (AB 2006-415) Approved 7-0

221. Authorize the executive to enter into a $643,271 contract with the Visiting Nurses Home Care for nursing services at the jail and jail work center? The contract runs from 1/1/07 to 12/31/07 and may be renewed for four more years. Changes from the last contract include a pay raise from $30.95 to $32.17 per hour. (AB 2006-417) Approved 7-0

222. Adopt the 2007 flood control district tax levy at the same amount as 2006? The funds are used to address flooding and to reduce flood damage. The board of supervisors can impose a tax levy of up to fifty cents per thousand dollars of assessed value on real property within the district. AB 2006-411 (Resolution 2006-69) Approved 7-0

223. Approve the Birch Bay comprehensive stormwater plan? The Birch Bay community plan was adopted as a subarea plan of the Whatcom County Comprehensive Plan at the 9/28/04 meeting, vote number 163. A stormwater plan was recommended in the subarea plan. The stormwater plan identifies stormwater issues and improvements to sustain lifestyle and restore aquatic resources that are under pressure from increasing development. AB 2006-426 (Resolution 2006-70) Approved 7-0

224. Adopt the 2007 property tax levy at the same amount as 2006? Increased revenue will come from new construction, property improvements and increases in assessments. AB 2006-408 (Ordinance 2006-50) Adopted 7-0

225. Adopt the 2007 county road tax levy at the same amount as 2006? A portion of the levy ($706,530) will be diverted for traffic enforcement in unincorporated areas of the county. AB 2006-409 (Ordinance 2006-51) Adopted 7-0

226. Adopt the 2007 Conservation Futures Fund tax levy at the same rate as 2006? The levy is 6.25 cents per $1,000 of assessed valuation of real property. The funds can only be used to acquire land or development rights for conservation purposes. AB 2006-410 (Ordinance 2006-52) Adopted 7-0

227. Adopt the six-year (2007-2012) capital improvement program? Expenditures for 2007 are estimated to be $20,067,100. The improvements include plans for new buildings ($3,300,000), repair of existing buildings ($2,480,000), transportation facilities including Lummi Ferry ($14,184,000) and parks ($707,000). The six-year total is $180,639,298. AB 2006-384 (Ordinance 2006-53) Amended and adopted 7-0

228. Adopt the 2007 and 2008 budgets? (This is preliminary budget information, not final figures). The appropriation for 2007 is $170,769,299 of which $79,831,806 goes into the general fund. For 2008 the appropriation is $160,406,520 with $79,104,496 for the general fund. Fifty-five percent of the general fund goes for criminal justice. Four sheriff’s deputies will be added in 2007 and two more in 2008. AB 2006-263B (Ordinance 2006-54) Amended and adopted 7-0

229. Rezone approximately 34 acres within the southern periphery of the Birch Bay community plan? The 34 acres, south of the Holeman Road and east of Point Whitehorn, will be rezoned from a long-term planning area to a short-term planning area correcting an error. This rezone doesn’t change the underlying zoning of UR4, allowing four dwelling units per acre. AB 2006-386 (Ordinance 2006-55) Adopted 7-0

Shall the council:

230. Overturn the Whatcom County Hearing Examiner’s decision regarding Paul and Connie Hill as innocent purchasers? The county informed Mr. Hill that they had no record that the 20 acres he was going to purchase was a legal lot of record; he was told to do some additional research. Mr. Hill was assured by “real estate professionals” that the parcel was a legal lot of record. After Mr. Hill purchased the 20 acres the county determined the parcel was not a legal lot of record. The council decided that the hearing examiner committed an error of law when he concluded that the Paul and Connie Hill were innocent purchasers because they “believed” they were purchasing a lot of record. (AB 2006-366) Approved 4-3, Ward Nelson, Barbara Brenner and Seth Fleetwood opposed.

231. Adopt the Whatcom County Hearing Examiner’s recommendations on the “Sunrise Meadows” development? The hearing examiner approved the planned unit development and preliminary long subdivision with conditions. The 45-lot, single-family residential development is to be located on a 19.83-acre site on northwest corner of Blaine and Arne roads. The council removed the section prohibiting accessory dwelling units. (AB 2006-427) Amended and approved 7-0

232. Authorize the executive to enter into an agreement with the city of Bellingham and the Lake Whatcom Water and Sewer District for tributary monitoring in the Lake Whatcom watershed? Brown and Caldwell of Walnut Creek, CA, has signed a $275,537 contract to collect information on three tasks: monitoring phosphorous concentrations during stormwater runoff, continuing the on-going Lake Whatcom tributary monitoring and collecting continuous turbidity data on suspended solids. The city of Bellingham and Whatcom County will provide $123,992 each, the Lake Whatcom Water and Sewer District will provide $27,554. (AB-2006-430) Approved 7-0

233. Authorize the executive to enter into a $348,716 contract with Brown and Caldwell of Walnut Creek, CA, to conduct five monitoring tasks in the Lake Whatcom watershed? Costs for three of the tasks ($275,537) will be shared by the county, city and Lake Whatcom Water and Sewer District (see vote 232 above). The two other tasks will cost the county $73,179; they will develop a program to prohibit illicit discharges into the lake and provide technical expertise for staff. The contract runs from 11/8/06 to 4/30/09. (AB 2006-431) Approved 7-0

234. Authorize the executive to enter into an $11,511 amended contract with J.A. Brennan Associates of Seattle to increase the scope of landscape work at Bloedel Donovan Park? The original contract to design and install a demonstration watershed-friendly garden was approved at the 11/22/05 meeting, vote number 227. The additional work will include design modifications and an erosion and sedimentation control plan. This brings the total contract to $31,441 and the expiration date is extended from 12/31/06 to 12/31/07. (AB 2006-432) Approved 7-0

235. Extend the flood control levy for the Sumas/Nooksack/Everson subzone AB 2006-423 (Resolution 2006-71), Acme/Van Zandt subzone AB 2006-424 (Resolution 2006-72), Lynden/Everson subzone AB 2006-425 (Resolution 2006-73)? Fees on parcels designated as open space that are classified and designated forestland will be reduced 40 percent. Exempt from fees are parcels owned by the federal government, Indian lands in trust, parcels classified as mineral rights, bedlands or tidelands owned by the state and with an assessed value below $2,500. All approved 7-0

236. Order the cancellation of uncashed county checks issued before July 1, 2005? The total of 177 uncashed checks is $12,197. The money will be held by the county for one year and then transferred to the state of Washington as abandoned property where it will be available to the payee indefinitely. AB 2006-434 (Resolution 2006-74) Approved 7-0

237. Adopt the 2007 salary schedule for unrepresented Whatcom County employees? AB 2006-418 (Resolution 2006-75) Approved 7-0

238. Approve 17 open space applications?1 State law gives property tax relief to open space designation and decreases conversion to non-rural uses. The county planning commission received 19 open space applications; they recommend to the council that 17 be approved and two be denied. Thirteen applications were for open space/timber, two for open space/farm and agriculture conservation and two for open space/open space. The council approved the Nielsen Brothers’ application for open space/timber that the planning commission recommended be denied. If property is removed from open space designation, a penalty equal to 20 percent of the back taxes and interest for the past seven years are assessed. AB 2006-435 (Resolution 2006-76) Amended and approved 7-0

239. Amend the on-site sewage regulations to comply with state code? The changes cover administration, definitions and description, permitting, site evaluation, design, performance levels, installation, inspection, management of systems, minimum land area requirements, licensing of installers and enforcement of regulations. AB 2006-354 (Ordinance 2006-56) Adopted 6-1, Sam Crawford opposed.

240. Enact an interim moratorium removing the lot clustering provision from the rural forestry division of the Whatcom County Code? The emergency moratorium enacted at the 10/10/06 meeting, vote number 205, expires on 12/12/06. The council wants additional time for staff and the planning commission to review the code to ensure that the county is encouraging compatible use, the conservation of productive forest and agricultural lands. Interim ordinances must be renewed every six months. AB 2006-393A (Ordinance 2006-57) Adopted 5-2, Sam Crawford and Seth Fleetwood opposed.

241. Adopt a 2 percent lodging excise tax to promote tourism? The Whatcom County Lodging Tax Advisory Committee voted unanimously to request the adoption. There will be a credit against this tax for the full amount of any city or town’s own lodging tax and it will not apply to less than 30 days emergency lodging for homeless persons. AB 2006-420 (Ordinance 2006-58) Adopted 7-0