Whatcom County Council

Shall the council:

25. Send letters to 42nd District legislators supporting alternative legislation for shellfish regulations? The letters (proposed by Councilmember Barbara Brenner) support HB1728 and SB5645, which were proposed by the Pacific Coast Shellfish Growers Association and alternatives to HB1547, introduced by Representative Patricia Lantz. The council feels that HB1547 would place undue burdens on Whatcom County shellfish farmers just as they are beginning to recover from many closed seasons. Approved 6-0-1, Laurie Caskey-Schreiber abstained.

26. Authorize the executive to accept a $51,000 state grant for a latex paint recycling program? The county will contribute $17,000 to the two-year program for a total cost of $68,000. The county will collect latex paint for recycling/disposal and work with the local Building Industry Association to produce a brochure making contractors and homeowners aware of the program. The agreement runs from 1/1/07 to 12/31/08. (AB 2007-73) Approved 7-0

27. Authorize the executive to award the low bid of $409,447 to Trimax Construction of Sedro-Woolley, for construction of a parking lot at the Lummi Island ferry terminal? The low bid is 2.4 percent or $9,854 above the engineer’s estimate. The project was advertised and eight bids were received. (AB 2007-94) Approved 5-2, Laurie Caskey-Scheiber and Dan McShane opposed.

28. Authorize the executive to enter into a $97,200 contract with ACS (State and Local Solutions) of San Ramon, Calif., to place auditor’s documents on the Internet? The auditor’s office has removed Social Security Numbers from the documents. This contract will place documents from 1997 to the present on the Internet. In the future, older documents will be placed on the Internet. (AB 2007-98) Approved 7-0

29. Authorize the executive to accept a federal grant of $174,608 to fight terrorism? The money is to used for the planning, training and equipping of emergency responders. The county division of emergency management will receive $61,071; the remaining $113,537 goes to the six cities in the county, the Lummi Nation, the Nooksack Tribe and the Port of Bellingham. (AB 2007- 99) Approved 7-0

30. Authorize the executive to enter into a $185,000 contract with Linsley/Kraeger Associates of Mountain View, Calif., to continue monitoring flow patterns in the lower Nooksack River floodplains? The contract includes updating the hydraulic modeler that the company developed in 1999, recalibrating the model to the floods of 2004 and 2006, coordinating with the Canadian modeler and technical support for staff. The contract expires on 12/31/08. (AB 2007-100) Approved 7-0

31. Authorize the executive to enter into a $98,000 amended contract #5 with Parametrix, Inc. of Spokane, to develop a restoration plan in the Birch Bay watershed? The plan will be linked with the recently completed Birch Bay stormwater management plan. Grants from the state ($70,000) and the Puget Sound Action Team ($28,000) cover this contract. The original contract for was approved at the 4/20/04 meeting, vote number 76. The first amendment was approved at the 10/11/05 meeting, vote number 195. The next two amendments totaling $63,000 didn’t require council approval. The total amended contract is for $614,820 and runs through 6/3/07. (AB 2007-101) Approved 7-0

32. Authorize the executive to accept a state grant of $64,500 for chinook salmon recovery? The grant is from the Salomon Recovery Funding Board; the money will be used to design and restore in-stream habitat and reduce flood risks to an eroding stream bank near Acme in the South Fork of the Nooksack River. Whatcom County will contribute $21,678 to bring the total amount for the salmon recovery project to $86,178. The state grant expires on 12/3/07. (AB 2007-102) Approved 7-0

33. Confirm the executive’s appointment of Frank Abart to the position of public works director? He replaces Jeffrey Monroe who accepted a position with the state of Washington in Olympia. (AB 2007-105) Approved 7-0

34. Establish a public hearing process for city/county development agreements? The Growth Management Act authorizes local governments to enter into development agreements. The Whatcom County Hearing Examiner is designated as the person to conduct public hearings and to make approval/disapproval recommendations to the council. AB 2007-112 (Resolution 2007-08) Approved 7-0

35. Initiate an emergency zoning amendment prohibiting cluster subdivisions in rural forestry districts? The council determined that formal review of this concept is necessary to support the economic and environmental well being of the county. This emergency amendment will be included in the annual zoning map docket. AB 2007-68 (Resolution 2007-09) Approved 6-1 Sam Crawford opposed.

36. Continue an interim ordinance establishing a review procedure to ensure that transportation facilities are provided with development in accordance with the Washington State Growth Management Act? (Public hearing held) The interim ordinance was first imposed at the 12/5/06 meeting, vote number 249. County staff met with interested parties and discussed revisions to clarify the ordinance. Revisions were developed with the help of the Building Industry Association of Whatcom County. Interim ordinances must be renewed every six months. AB 2007-69 (Ordinance 2007-09) Adopted 7-0

37. Approve request #2 for the 2007 project-based budget in the amount of $1,140,000? This is the initial request for phase 2 of the Yew Street Road project from Kingsmill Street to Samish Way; the total cost of the project is currently estimated at $6 million. Request #2 is for plans, specifications, estimates and permitting ($680,000), right-of-way plans and acquisition ($270,000) and 20 percent contingency ($190,000). The executive has the authority to enter into contracts for this project; the council shall receive quarterly reports. AB 2007-87 (Ordinance 2007-10) Adopted 7-0

38. Approve request #3 for the 2007 project-based budget in the amount of $816,000? This is the initial request for the Hampton Road-Morman Ditch Bridge project; the total cost of the project is currently estimated at $4,380,000. Request #3 is for plans, specifications and estimates ($150,000), right-of-way plans and acquisition ($680,000) and 20 percent contingency ($136,000). The executive has the authority to enter into contracts for this project; the council shall receive quarterly reports. AB 2007-88 (Ordinance 2007-11) Adopted 7-0

39. Approve request #4 for the 2007 project-based budget in the amount of $480,000? This is the initial request for improvements at the intersection of the Birch Bay-Lynden and Blaine roads; the total cost of the project is currently estimated at $2,100,000. Request #4 is for plans, specifications and estimates ($300,000), right-of-way plans and acquisition ($100,000) and 20 percent contingency ($80,000). The executive has the authority to enter into contracts for this project; the council shall receive quarterly reports. AB 2007-89 (Ordinance 2007-12) Adopted 7-0

Shall the council:

40. Send letters to state legislators supporting HB 1595, a bill appropriating funds to pay for shellfish protection programs? The letter (proposed by Councilmember Carl Weimer) urges state legislators to support the bill that would help pay for current county shellfish programs. (AB 2007-29) Approved 7-0

41. Authorize the executive to accept a $60,000 state grant for Phase 1 of woody debris assessment for Cliffside Beach? The total costs of the project will be $85,000; the state will be contributing $60,000 and the county $25,000. Anchor Environmental of Seattle (see next vote) will receive $60,000 for the assessment and $25,000 will be applied to follow-up actions. (AB 2007-124) Approved 7-0

42. Authorize the executive to enter into a $60,000 contract with Anchor Environmental, LLC, of Seattle, for a woody debris assessment of Cliffside Beach? The study will be funded by $35,000 in state money and $25,000 in county money. The contract runs from 2/28/07 through 12/31/07. (AB 2007-123) Approved 7-0

43. Authorize the executive to enter into a $3,820 amended agreement with the federal government for maintenance and operation of stream flow gauges on the Nooksack River? The council approved the original agreement at the 9/26/06 meeting, vote number 186. Fixed costs for the collection of air and water temperature data were omitted in the original agreement. The amendment increases the federal share to $15,070; the contract runs from 1/1/07 through 9/30/07. (AB2007-125) Approved 7-0

44. Approve $150,000 in funding recommendations by the Whatcom County Housing Authority for low-income housing providers? The auditor collects a document-recording fee that must be used for low-income housing. The Opportunity Council will receive $100,000, the Archdiocesan Housing Authority $35,212 and the Interfaith Coalition $14,788. (AB 2007-126) Approved 7-0

45. Authorize the executive to enter into an agreement with the Lake Whatcom Water and Sewer District to replace a water main during the Cable Street reconstruction project? The total cost of the project will be $368,060; the water district’s portion will be $233,060 and the county’s portion will be $135,000. (AB 2007-128) Approved 7-0

46. Grant an easement across county property to Wayne Sherwood and his successors? (Public hearing held) The property is adjacent to Marshall Hill Road, northeast of Deming. The easement is for access and utilities. AB 2007-114 (Resolution 2007-10) Approved 6-1, Dan McShane opposed.

47. Support the updated restoration plan of the Whatcom County Shoreline Management Program as a framework for identifying and managing shoreline restoration throughout Whatcom County? AB 2006-442A (Resolution 2007-11) Approved 7-0

48. Set March 13 as the public hearing date for comments on establishing the Birch Bay Watershed and Aquatic Resources Management District to address stormwater management issues? The council approved the Birch Bay comprehensive stormwater plan at the 11/8/06 meeting, vote number 223. The plan recommends the creation of a stormwater management district. AB 2007-113 (Resolution 2007-12) Approved 7-0

49. Adopt an emergency interim ordinance limiting the size of retail establishments to 75,000 square feet? (Public hearing held at 3/14/07 meeting.) This ordinance prevents vesting until the county completes the Urban Growth Area plan and Comprehensive Plan amendments. Interim ordinances must be renewed every six months. AB 2007-135 (Ordinance 2007-13) Amended and adopted 6-1, Sam Crawford opposed.

50. Adopt the 2007 unified-fee-schedule? (Public hearing held) The schedule designates fees charged for county services such as the rental of park facilities, building permits, license fees, etc. At the 12/5/06 meeting, vote number 252, the 2006 schedule was extended until 2/7/07 and at the 1/16/07 meeting, vote number 17, it was extended until 3/18/07. AB 2006-440 (Ordinance 2007-14) Amended and adopted 6-1, Barbara Brenner opposed.

51. Approve the installation of stop signs in the Bay Crest development? (Public hearing held) Twenty-four stop signs will be installed in the Birch Bay development: 10 signs on Seashell Way, five signs on Clamdigger Way, three signs on Bay Road, two signs on Lighthouse Drive and one each on Jackson Road, Halibut Court, Leeside Drive and Yellow Fin Court. AB 2007-110 (Ordinance 2007-15) Adopted 6-0, Barbara Brenner out of the room.

52. Establish 25 mph speed limits on three county roads? (Public hearing held) The speed limit will apply to the entire length of Hiline, Geneva Hills and Britton Circle roads. AB 2007-111 (Ordinance 2007-16) Adopted 7-0

53. Amend the Shoreline Management Program, shoreline map, associated provisions of the Critical Areas Ordinance and the zoning code? (Public hearing held) This is an update of the 1998 Shoreline Management Program. This amends the plan to define requirements for applicants proposing activities within shoreline areas, streamlines the shoreline development review process, and improves consistency and integration with state and federal environmental, land-use and natural resource regulations. AB 2006-442 (Ordinance 2007-17) Amended and Adopted 7-0

54. Amend the 2007 budget (request #2) in the amount of $712,630? Appropriations include: $4,979 for EMS Council newsletter; $98,000 for Birch Bay shoreline restoration/stormwater action plan; $34,340 for sheriff’s office housing at Point Roberts; $120,000 for Gooseberry Point dock relocation study; $164,402 to emergency management to train and equip emergency responders and $290,909 to finish the jail construction project. AB 2007-109 (Ordinance 2007-18) Adopted 7-0