Whatcom County Council

Shall the council:

180. Overturn the Whatcom County Hearing Examiner’s decision dismissing an appeal by Wesley Mussio? Mr. Mussio owns property adjacent to a boathouse at 1380 Roy Road. After receiving multiple complaints about the boathouse, the Whatcom County Planning and Development Services concluded that the boathouse had been expanded without a permit but granted it a nonconforming use. Mr. Mussio appealed that decision to the hearing examiner. The hearing examiner dismissed the appeal by Wesley Mussio on the grounds that he lacked standing to appeal the decision. Mr. Mussio appealed the hearing examiner decision to the County Council. Approved 5-0, Sam Crawford and Ward Nelson absent.

181. Uphold the Whatcom County Hearing Examiner’s decision that Lyle and Sue Rader violated the Critical Areas Ordinance? The Whatcom County Planning and Development Services concluded that Lyle and Sue Rader violated the Critical Areas Ordinance when they cleared and graded approximately 10 acres within a regulated wetland and converted the wetland to a blueberry field without permits. The county directed the Raders to retain a qualified wetlands professional to generate a mitigation plan to correct the violation. The Raders appealed the county decision to the hearing examiner. The hearing examiner concluded that the Raders violated the Critical Areas Ordinance. The Raders appealed the hearing examiner’s decision to the County Council. Approved 4-1, Barbara Brenner1 opposed, Sam Crawford and Ward Nelson absent.

182. Authorize the executive to sign an agreement to settle litigation challenging the Lake Whatcom Landscape Plan? Whatcom County will pay the Mt. Baker School District $150,000 by 7/1/09. The County Council didn’t approve the clause in the settlement which requires the county to lobby the state legislature for changes in revenues that school districts receive from timber harvest on state-managed forest trust lands. If the state legislature doesn’t change the law by July of 2010 the county will pay the Mt. Baker School District an additional $33,000. Approved 5-0, Sam Crawford and Ward Nelson absent.

183. Authorize the executive to award the low bid of $176,220 to Woods Logging Supply of Bellingham for sheaves to be installed at the Lummi Island ferry terminal? The sheaves replace counterweight and hoist sheaves installed in the 1980s. A request for bids was advertised and two bids were received. (AB 2008-332) Approved 4-1, Barbara Brenner opposed, Sam Crawford and Ward Nelson absent.

184. Authorize the executive to enter into joint funding agreement with the federal government for annual operation and maintenance of six stream gauges on the Nooksack River? (Council acting as the board of supervisors of the flood control zone.) The county’s share of the flood warning system will be $57,130 and the federal government’s will be $13,160 for a total of $70,290. The South Fork gauge at Wickersham is being replaced by a gauge at the Saxon Bridge. The agreement expires on 9/30/09. (AB 2008-333) Approved 5-0, Sam Crawford and Ward Nelson absent.

185. Authorize the executive to enter into a $990,578 contract (amendment #1) with Reisner Distributor of Bellingham for the annual supply of fuel? This amendment is an increase of 43 percent or $296,175 over the previous year (see 9/25/07 meeting, vote number 191). The actual amount of the contract may vary since the price per gallon is subject to fluctuation. The total amended contract is $1,684,981 and runs from 10/1/08 to 9/30/09, with the option of two more annual renewals. (AB 2008-334) Approved 5-0, Sam Crawford and Ward Nelson absent.

186. Authorize the executive to accept a $500,000 state grant for the implementation and maintenance of new riparian restoration and drainage improvement projects? (Council acting as the board of supervisors of the flood control zone.) This vote also approves $166,667 in county flood control money. The restoration program improves the quality of riparian vegetation and provides monitoring until the plants are established, which reduces the need for future drainage ditch maintenance. (AB 2008-336) Approved 5-0, Sam Crawford and Ward Nelson absent.

187. Adopt the 2009 road construction program? (Public hearing held) Approximately $3,341,000 in county expenditures and $14,499,000 in total expenditures are the estimated costs of 19 projects: road construction and improvements, new bridges, intersection and parking improvements, shoulder widening, non-motorized improvements and various Lummi Island ferry projects. Anticipated local expenditures for 2009 are 24 percent of the amount approved for 2008 (see 10/23/07 meeting, vote number 224) and total expenditures are 45 percent of the amount approved in 2008. AB 2008-321 (Resolution 2008-62) Approved 5-0, Sam Crawford and Ward Nelson absent.

188. Sell surplus county property by public auction? (Public hearing held) With the exception of one vehicle transferred to the county jail, the property remains the same as reported at the 9/9/08 meeting, vote number 171. AB 2008-320A (Resolution 2008-63) Substitute version Approved 5-0, Sam Crawford and Ward Nelson absent.

189. Approve the updated water system plan for Point Roberts Water District #4? (Public hearing held) The water system currently has 2,212 residential connections; the updated plan will allow an additional 741 connections for a total of 2,953 connections. The updated plan meets county health and state health department requirements. AB 2008-327 (Resolution 2008-64) Approved 5-0, Sam Crawford and Ward Nelson absent.

190. Approve an $18,314 contract (amendment #1) with Topside Roofing and Construction of Bellingham for additional roof replacement work at the Roeder Home and adjoining rental residence? The discovery of dry rot requires additional work and material, bringing the total cost to $55,257. AB 2008-330 (Resolution 2008-65) Approved 5-0, Sam Crawford and Ward Nelson absent.

191. Authorize the demolition of a vacant structure at 401 Grand Avenue? The building has been used as a storage facility by the county, but is now considered worthless. A jail crew will salvage material that can be recycled or sold at the RE Store. The demolition cost is estimated at $297,000. AB 2008-337 (Resolution 2008-66) Approved 5-0, Sam Crawford and Ward Nelson absent.

192. Establish Whatcom County Council meeting dates for 2009? The council will meet every other Tuesday beginning on January 13, except for August and December when one meeting is scheduled. AB 2008-328 (Resolution 2008-67) Approved 4-1, Barbara Brenner opposed, Sam Crawford and Ward Nelson absent.

193. Continue the interim ordinance on the acceptance of new applications for subdivisions within the Lake Whatcom watershed? (Public hearing held) All lots remaining five acres or greater shall be exempt from the moratorium. The interim ordinance was first passed at the 4/26/05 meeting, vote number 91, and renewed at the 10/25/05 meeting, vote number 215; 4/25/06 meeting, vote number 97; 10/10/06 meeting, vote number 201; 4/10/07 meeting, vote number 87; 10/9/07 meeting, vote number 216 and 3/25/08 meeting, vote number 63. AB 2008-114A (Ordinance 2008-40) Approved 5-0, Sam Crawford and Ward Nelson absent.

194. Amend the 2008 budget (request #10) in the amount of $1,938,983? Appropriate: $30,000 to fund the interlocal agreement with the city of Bellingham to share legal costs for the Lake Whatcom landscape plan trial; $19,257 to fund courthouse basement prox lock for viewing room exterior access; $18,437 for Division of Emergency Management radio equipment upgrade; $124,900 from Conservation Futures Fund to purchase one additional development right on Bauthues farm; $1,500,000 to fund a traffic signal with left turn lane and illumination at the Hannegan Road and Pole Road intersection; $206,220 for Lummi Ferry sheaves; $19,257 to fund courthouse basement prox lock for viewing room exterior access; $20,912 to fund maintenance for the animal control building. AB 2008-325 (Ordinance 2008-41) Approved 5-0, Sam Crawford and Ward Nelson absent.

Shall the council:

195. Send a letter to the state regarding an application to provide curbside recycling in Point Roberts? The present refuse hauler will not handle recycling, which is a needed service in the community. The state Utilities and Transportation Commission has determined that Freedom 2000 LLC has met all the application requirements. The UTC requested a County Council comment on the application. The council has no objection to the Freedom 2000 application. (AB 2008-210A) Approved 6-0, Carl Weimer absent.

196. Authorize the executive to enter into a $616,000 contract with Northwest Hydraulic Consultants of Seattle for floodplain mapping? The hydraulic models of the Nooksack River developed by the county will serve as a basis for Federal Emergency Management Agency’s map modernization program. The detailed mapping of the lower South Fork of the Nooksack River and approximate mapping on north and middle forks will be reimbursed by a federal grant. The total mapping cost is estimated at $839,000, with county staff time requiring $108,000 in local funds. The contract expires on 12/31/11. (AB 2008-345) Approved 6-0, Carl Weimer absent.

197. Authorize the executive to sign an agreement (amendment #15) with the city of Bellingham to annex approximately 265 acres known as the Pacific Highway/Aldrich Road annexation? The property is located within the city’s Urban Growth Area, west of the Aldrich Road, south of I-5, north of Division Road and south of the northerly right-of-way of Stuart Road and Larrabee Road. (AB 2008-347) Approved 6-0, Carl Weimer absent.

198. Set October 21 as the public hearing date to sell tax-title property by public auction? (TR 2008-10) The Property Management Committee received a request to purchase county property off Old Samish Road; legal requirements for disposal of the property requires a public auction and that it be sold for no less than the assessed value of $1,000. AB 2008-346 (Resolution 2008-68) Approved 6-0, Carl Weimer absent.

Shall the council:

199. Authorize the executive to sign a memorandum of agreement with the state to prepare the transfer of lands within and adjoining the Lake Whatcom watershed? In February 2008, the executive and state commissioner of public lands reached an agreement to transfer approximately 8,400 acres of state forest lands to Whatcom County for park purposes. This memorandum of agreement will guide and govern the transfer process. The administrative costs for the transfer will not be over $300,000 and will come from Conservation Future Funds. AB (2008-074B) Approved 4-3, Barbara Brenner,2 Sam Crawford and Ward Nelson opposed.

200. Authorize the executive to sign a $130,787 contract with Brown and Caldwell Environmental Engineers of Seattle to assist in technical review of the total maximum daily load for phosphorus and fecal bacteria in Lake Whatcom? A draft of the TMDL report was released for public review on 8/15/08. Brown and Caldwell will use watershed and lake response model evaluations and project management. The county and the city will pay $65,394 each. The contract expires on 12/31/09. (AB 2008-353) Approved 7-0

201. Authorize the executive to sign an agreement with the city of Bellingham to share costs for Brown and Caldwell contract? See the previous vote for details. The county and the city will pay $65,394 each. (AB 2008-354) Approved 7-0

202. Authorize the executive to enter into a $133,854 contract with Siemens Building Technologies of Issaquah to replace temperature controls in the main jail? The electronic direct digital controls will allow air distribution boxes at 35 locations to be run from a single site, increasing energy efficiency and overall operation. (AB 2008-356) Approved 7-0

203. Accept a federal grant of $433,736 to implement recommendations laid out in the Birch Bay characterizations and planning pilot study? The four-year EPA grant under the West Coast estuaries initiative program will be used to design a watershed-focused planning model for making land-use decisions. Expiration date of the grant is 7/1/12. The county will contribute $89,130 in staff time. (AB 2008-360) Approved 7-0

204. Authorize the executive to sign a $118,991 contract with Shearer Design of Seattle to design a replacement for the Sulphur Creek Bridge? The design includes structural, hydraulic and geotechnical components for the bridge on Baker Lake Road. Flooding in December of 2007 damaged the bridge’s substructure causing it to be closed. Traffic is being routed over a temporary one-lane structure until the bridge is replaced. The county will do engineering and permitting; a federal grant will reimburse 86.5 percent of design costs. (AB 2008-363) Approved 7-0

205. Approve a $233,187 contract (amendment #1) with Whatcom Conservation District for riparian restoration work on drainage and flood projects? (Council acting as the board of supervisors of the flood control district.) The amendment brings the total contract to $248,187. Grants will reimburse the county for 75 percent of the costs. This contract expires on 3/31/12. (AB 2008-364) Approved 7-0

206. Authorize the executive to sign a $61,750 contract with the state of Washington for the Washington Conservation Corps? The conservation corps will work from 10/6/08 through 9/25/09 on salmon recovery, water quality and shellfish protection priorities in partnership with the Nooksack Salmon Enhancement Association. The total cost is $95,000; the Nooksack Salmon Enhancement Association is responsible for $33,250. (AB 2008-365) Approved 7-0

207. Sell tax-title property by public auction? (Public hearing held) TR 2008-10, off Old Samish Road for no less than assessed value of $1,000. AB 2008-346A (Resolution 2008-69) Approved 6-0, Seth Fleetwood was out of the room.

208. Adopt the 2009 salary schedule and policies for unrepresented Whatcom County employees? This schedule becomes effective on 1/1/09. AB2008-361 (Resolution 2008-70) Approved 7-0

209. Authorize the executive to award the low bid of $2,418,234 to Strider Construction Company of Bellingham for the Hannegan Road/Pole Road signalization project? The work will consist of intersection improvements, a traffic signal, left turn channelization and illumination. The low bid was $259,598 below engineer’s estimate. Preliminary and construction engineering, right-of-way acquisition and contingency fee brings the total cost to $4,919,234. The work was advertised and 11 bids were received. AB 2008-362 (Resolution 2008-71) Approved 7-0

210. Amend the 2008 budget (request 11) in the amount of $304,598? Appropriate: $43,000 to fund dispute resolution contract; $43,760 to fund a juvenile detention alternative initiative and create a truancy project at school district level; $5,600 fund upgrades in the civil tracking program; $212,238 to fund Lummi ferry deficit for 2006-07. AB 2008-350 (Ordinance 2008-42) Approved 7-0

211. Establish procedures for the installation of small wind energy systems in Whatcom County?3 Height limitations due to zoning restrictions have prevented the use of wind energy systems by county residents. This amendment, recommended by the planning commission, permits small wind energy systems up to 100 feet high with a rated output up to 100 kW. This ordinance will facilitate the installation and construction of wind energy systems by private landowners, subject to reasonable restrictions. AB2008-270A (Ordinance 2008-43) Approved 7-0

¹From Barbara Brenner: I opposed upholding the hearing examiner decision because this was farmland that was bought by a farmer to farm. We have told farmers they are exempt from the Critical Areas Ordinanace if they purchase farmland and continue farm practices. They didn’t convert anything. The Raders have not created more impacts than were already there. We are supposed to have a committment to farming practices. If we lose our farming community, it may have more to do with unfair charges on farmers than loss of agriculture land.

²From Barbara Brenner: Although the transfer costs may not be more than $300,000 (which is still a lot of money) the ongoing costs of liability, maintenance, enforcement, etc., will be high and transferring that property will not significantly improve water quality in Lake Whatcom according to the Washington State Department of Ecology. We have limited funds and ecology has stated the source of water quality problems in the lake is development. Creating a park will cost essential funds we need to reduce development and provide stormwater runoff protection in the watershed.

Contrary to the carbon copy e-mails we received, logging cannot occur on steep slopes in this area because we created a Lake Whatcom Landscape Plan which prevents that. Additionally, logging near any waterbodies, including creeks and streams that feed into the lake, is prohibited with our landscape plan. In fact, the same people leading the charge to transfer the property to Whatcom County for a park also led the unsuccessful effort to abolish our landscape plan. The public can currently enjoy the land without the transfer because it is state trust land which is open to the public. 

Making it into a public park requires publicly attracting people to the drinking water source for half the county population. People bring pets, garbage, campfires, off-road vehicles and more traffic into the watershed. We just had a report from the cooperative extension: data exists that anecdotally shows just eliminating dog poop from the basins would cause it to pass state standards. Smokey the Bear says nine out of 10 forest fires are caused by people. Increased traffic requires increased stormwater protection measures. We have public access right now and it costs the county nothing. Our current draft budget cuts park positions because the local economy is crashing so there is less ability to patrol, protect the area. The state does that now better than the county could ever do.

³This ordinance was proposed by Barbara Brenner and Carl Weimer.