Whatcom County Council

Shall the council:

167. Authorize the executive to accept a state grant of $49,000 for the purchase of the Terrell Creek Heron Colony property? The total cost of the property is $302,798, with $150,371 coming from the county’s conservation futures fund and $104,214 from British Petroleum. The rookery of 300 Great Blue Herons is on 15-acres near Birch Bay and will be protected by a conservation easement. (AB 2005-342) Approved 7-0

168. Authorize the executive to enter into a cooperation agreement with the cities of Whatcom County defining the distribution of a proposed sales tax increase? The sales tax increase of one-tenth of 1 percent will be on the general election ballot (see vote number 175 for details). The county will retain 60 percent of the funds and 40 percent shall be distributed to the cities. Of the money retained by the county, two-thirds will be used for emergency medical services with one-third for criminal justice purposes. (AB 2005-343) Approved 7-0

169. Authorize the executive to award the sole responsive bid of $140,939 to Sahlberg Equipment Company of Lynnwood for the purchase of a single axle truck with a pothole patch unit? The purchase replaces a 1987 truck with 91,036 miles. The bid was advertised and five were received, four bids didn’t meet specifications. (AB 2005-348) Approved 7-0

170. Authorize the executive to award the sole responsible bid of $120,668 to Valley Freightliner of Mount Vernon for the purchase of a five-yard dump truck with a sanding unit? This replaces a truck that is about to be retired. The bid was advertised and two were received, one bid didn’t meet specifications. (AB 2005-349) Approved 7-0

171. Authorize the executive to accept state and federal grants of $550,00 for health services? The grants will fund vaccine for children, interpreter services, Medicaid outreach and dental care. The contract runs from 7/1/05 to 6/30/07. (AB 2005-351) Approved 7-0

172. Authorize the executive to award the low bid of $128,500 to Olympic Security Services of Tukwila for Courthouse security? The company will provide security screening for the protection of employees and visitors. Only people taking the elevators will be screened. The county will provide x-ray machines. The bid was advertised and four were received. The contract runs from 10/3/05 to 12/31/06. (AB 2005-354) Approved 7-0

173. Authorize the executive to spend $500,000 plus expenses to purchase Lake Whatcom property? The property (located at the south end of North Shore Drive near the beginning of the Hertz trail) was appraised at $1,125,000; the seller (J. Loch Trimingham) is donating $625,000 worth of property to the county. It has 700 feet of waterfront and is a total of 6 acres, the property can only be used for park and open space purposes. The purchase will be financed with conservation futures funds. (Resolution 2005-41) Approved 7-0

174. Set September 27 as the public hearing date to consider the sale of tax foreclosure property? The property is located north of Storr Road and west of Church Road in Ferndale. The property management committee recommends that the property be sold to the public works department for $300 because the lot is too small for a building. (Resolution 2005-42) Approved 7-0

175. Place a countywide emergency medical services measure on the general election ballot? The measure is a sales tax increase of one-tenth of 1 percent. Two-thirds of the increase would fund countywide emergency medical services and one-third would be used for criminal justice purposes (additional police protection, court services, relief of overcrowded jails or other local correctional facilities). See vote number 168 for details on the distribution agreement with Whatcom County cities. (Resolution 2005-43) Approved 7-0

176. Amend the Critical Areas Ordinance? The Critical Areas Ordinance is required to be updated every seven years to comply with the Growth Management Act and the Whatcom County Comprehensive Plan. A temporary ordinance was passed in 1992 and a permanent one in 1997. Wetlands, habitat conservation, geologically hazardous, frequently flooded and aquifer recharge areas will have stronger protection and management. (Ordinance 2005-68) Adopted 5-2, Sam Crawford and Ward Nelson opposed.

Shall the council:

177. Authorize the executive to enter into a $205,860 contract with Reichhart & Ebe Engineering of Lynden, for signalization design? The intersection of Hannegan Road and SR 544 will have a traffic signal replace a four-way flashing light. (AB 2005-366) Approved 7-0

178. Authorize the executive to enter into a joint funding agreement with the federal government for ongoing operation and maintenance of seven stream gages on the Nooksack River? The county’s share of the flood warning system will be $51,245 and federal government’s will be $12,000 for a total of $63,245. This is $3,765 more than last year. (AB 2005-367) Approved 7-0

179. Authorize the executive to enter into a $44,779 contract with Philip Williams and Associates of San Francisco, for a shoreline assessment? A seawall was constructed in 2002 along Legoe Bay and a property owner alleges the seawall concentrated tidal flow during winter high tides and/or storm events causing erosion on claimant’s adjacent property. This analysis will include recommendations for seawall modifications, if necessary. (AB 2005-368) Approved 7-0

180. Authorize the executive to enter into a $125,000 contract with Whatcom Alliance for Healthcare Access to provide improved access to health care services for low- income and uninsured people? Information is provided about available health care, insurance options and referrals to Medicaid and primary care providers. It will be funded by $50,000 from the county and a state grant of $75,000. The contract runs from 9/8/05 to 6/30/07. (AB 2005-369) Approved 7-0

181. Authorize the executive to enter into a $153,000 contract with CH2M Hill of Bellevue, to prepare a comprehensive stormwater plan for the watersheds of Birch Bay? The plan will protect aquatic resources while accommodating anticipated growth. (AB 2005-373) Approved 7-0

182. Sell tax foreclosure property to Whatcom County? Request 01-05, this authorizes the sale of approximately half an acre to the public works department for $300. See the 9/13/05 meeting, vote number 174, for additional information. (Resolution 2005-44) Approved 6-0, Barbara Brenner was out of the room.

183. Set October 11 as the public hearing date to sell surplus property by auction? The minimum bid is appraised value plus eight other costs. Request 02-05, the properties are: (1) parcel on Silver Lake Road, 1.53 acres, appraised value $6,500, (2) parcel on Mosquito Lake Road, 0.27 acres, appraised value $6,500, (3) two parcels by Deming Rock Quarry, one acre and 2.35 acres, total appraisal $36,150. The county has no use for the property and wants them back on the tax rolls. (Resolution 2005-45) Approved 7-0

184. Set October 11 as the public hearing date to sell tax foreclosure property by auction? The minimum bid is appraised value plus five other costs. Request 05-01, parcel in Cascade View Division in Lynden, appraised value $1,203.95 (Resolution 2005-46); Request 05-02, parcel off Cornell Creek Road near Glacier, appraised value $465.59 (Resolution 2005-47); Request 05-04, parcel off Rural Avenue south of Ferndale, appraised value $649.93 (Resolution 2005-48); Request 05-05, parcel lot #92 in Campers Paradise, appraised value $1,578.97 (Resolution 2005-49); Request 05-06, parcel lot #83 in Campers Paradise, appraised value $l,523.37. (Resolution 2005-50) The Property Management Committee recommended these lots be sold as unbuildable due to location or size. All approved 7-0

185. Set October 11 as the public hearing date to return county property to the original owner? In 1982, land owned by the nonprofit Whatcom Association of Training Centers was transferred to the county so public money (under Referendum 37) could be used for the construction of a training center. After 15 years, the property and building was to revert back to the original owners. Whatcom Association of Training Centers operates a training center for the developmentally disabled. (Resolution 2005-51) Approved 7-0

186. Return a proposed ordinance repealing livestock regulations to the Planning Commission for further review? The council questions the need to repeal the livestock section of the code, which restricts the number of animals permitted on lands smaller than 10 acres. (Resolution 2005-52) Approved 7-0

187. Enter into a $40,000 contract with Bricklin Newman Dodd of Seattle to defend two county ordinances regulating “mushroom substrate” production? The Ostrom Company is challenging the land use and public health ordinances passed on 10/26/04, vote number 179, and 7/12/05, vote number 133. The law firm was appointed special deputy prosecuting attorney to defend the county against all challenges. (Resolution 2005-53) Approved 7-0

188. Establish a filing fee for a mandatory arbitation program? The Superior Court’s mandatory arbitration program was established by the State Legislature to expedite civil cases. Eligibility is determined by the court according to state and local rules and the filing fee (not to exceed $220 and offset administrative and arbitrator costs) is in addition to the initial case filing fee. (Ordinance 2005-69) Adopted 7-0

189. Renew a non-exclusive franchise with the Lake Whatcom Water and Sewer District to use county right-of-way in certain locations within its service area? This 25-year agreement provides a license for the placement and maintenance of water and sewer lines and associated facilities in county right-of-way in specified areas. The previously franchise was granted to Whatcom County Water District #10 (former name) in 1979. (Ordinance 2005-70) Adopted 6-0, Barbara Brenner was out of the room.

190. Grant a non-exclusive franchise to the Hilltop Water Owners Association to use county right-of-way in certain locations within its service area? This 25-year agreement provides a license for the placement and maintenance of water and sewer lines and associated facilities in county right-of-way in specified areas. (Ordinance 2005-71) Adopted 7-0

191. Approve the 2005 budget request #9 in the amount of $393,883? Expenditures approved as follows: $143,587 for the County Council office to fund contracts and the sheriff’s office for traffic safety and airport security overtime; $140,000 for election associated expenses; $4,400 to the auditor’s office for eight desktop printers; $73,396 for costs associated with hiring and training of new corrections deputies at the new jail center and $32,500 for the purchase of