Whatcom County Council

Shall the council:

1. Uphold the Whatcom County Hearing Examiner’s decision permitting the SensorLink Corporation of Acme to construct a building on its property? The property is located west of Valley Highway and south of Galbraith Road. The County Council overturned the hearing examiner decision at the 4/10/07 meeting, vote 78, because the decision failed to address the Jones Creek alluvial fan that lies within the site. The revised decision requires the applicant to comply with mitigation criteria when obtaining a building permit. Rob Merhaut of Acme appealed the decision; he claims it is in the middle of a residential village. (AB 2007-66) Approved 6-0-1, Bob Kelly abstained.

2. Uphold the Whatcom County Hearing Examiner’s decision denying a shoreline exemption to build a bulkhead? The Whatcom County Planning and Development Services denied Victoria Luhrs an application to construct a bulkhead on a Lummi Island feeder bluff. She appealed the decision to the hearing examiner, when the hearing examiner upheld the decision she appealed it to the County Council. (AB 2007-325) Approved 6-0-1, Bob Kelly abstained.

3. Authorize the executive to award contracts for $890,000 to purchase road maintenance products? The contracts include: $700,000 to Alpine Products of Auburn for striping paint and glass beads;1 $50,000 to UPA Timberland/Wilbur Ellis Company for herbicides; $50,000 to Coral Sales for guardrails and installation materials; $50,000 to Goodyear/Les Schwab for tires and $40,000 to eight vendors for rubberized asphalt (AB 2008-30/31/32/33/34) Approved 7-0

4. Authorize the executive to accept a donation of .23 acres in Birch Bay? Alfred and Delores Rodriguez donated the l00xl00 foot piece of beachfront land because they didn’t feel that they could continue to care for the property. The property adjoins a county park. (AB 2008-35) Approved 7-0

5. Authorize the executive to sell for $10 the county’s rights and interests in the Bruce Creek vicinity to the state of Washington? The parcel is needed for realignment of the culvert under Mount Baker highway at milepost 28. In exchange for the property, the state will construct a portion of the Bay to Baker Trail on the property. A trail easement will be provided for the county. (AB 2008-37) Approved 7-0

6. Authorize the executive to award a sole bid to Reisner Distributor of Bellingham to supply fuel using a cardlock system? The two-year anticipated expenditure is approximately $400,000 for fleet vehicles. The contract covers unleaded regular and ultra-low-sulfur diesel. This two-year contract can be renewed for two more times for a total of 6 years. (AB 2008-38) Approved 7-0

7. Authorize the executive to award the low bid of $111,998 to Ferguson Waterworks of Newport News, Va., for the annual supply of culverts? The polyethylene double-walled culverts are for various county drainage projects. A request for bids was advertised and three bids were received. (AB 2008-39) Approved 7-0

8. Authorize the executive to accept a state grant of $1,214,400 to provide housing and supportive services for ex-offenders? The county will contract with an agency to lease five three-bedroom houses to provide housing for offenders re-entering the community from state prison or the Whatcom County jail. The county is committed to matching funds of $131,200 for the three-year grant period. (AB 2008-41) Approved 7-0

9. Authorize the executive to sign two contracts totaling $150,000 for low-income outpatient substance abuse treatment and outreach? One contract for $95,376 is with the Westcoast Counseling and Treatment Center of Bellingham and the other for $54,624 is with Catholic Community Services Northwest of Bellingham. (2008-43/44) Approved 7-0

10. Authorize the executive to accept a state grant of $75,000 for phase II of the National Pollutant Discharge Elimination Systems? The grant money will hire a consultant to create a detailed map of stormwater outfalls and private stormwater facilities. (AB 2008-47) Approved 7-0

11. Cancel uncollectible personal property taxes totaling $7,125? The treasurer has been unable to collect the tax on 22 mobile homes ($6,252) and on the equipment and machinery of eight businesses. ($873) AB 2008-40 (Resolution 2008-01) Approved 7-0

12. Set January 29 as the public hearing date to sell tax-title property by public auction? TR 2008-01 is a Glenhaven Lakes lot to be sold for no less than taxes and expenses of $944.33. AB 2008-50 (Resolution 2008-02) Approved 7-0

13. Set January 29 as the public hearing date to sell tax-title property by public auction? TR 2008-02 is a Glenhaven Lakes lot to be sold for no less than taxes and expenses of $931.63. AB 2008-51 (Resolution 2008-03) Approved 7-0

¹Over the past three years, there has been a major increase in the cost of striping paint and glass beads. In 2006, it was $400,000 (approved at 1/31/06 meeting, vote number 21). In 2007, it was $575,000 (approved at 1/16/07 meeting, vote number 3, and 7/24/07 meeting, vote number 152). This year the cost will be at least $700,000.

Shall the council:

14. Authorize the executive to accept a $162,546 state grant to reduce hazardous waste and toxic pollutants? The purpose of the grant is to protect Puget Sound water quality. The grant will fund the hiring of a full-time health department person to visit business sites, provide technical assistance and implement pollution prevention practices at the source. The contract expires on 6/30/09. (AB 2008-63) Approved 6-0, Laura Caskey-Schreiber absent.

15. Authorize the executive to accept a $106,849 state grant for solid waste enforcement? The health department is responsible for the enforcement of local, state and federal solid waste rules and for the investigation of illegal dumping and littering The grant runs from 1/1/08 through 12/31/09 and requires 25 percent in local matching funds for a total of $142,465. (AB 2008-64) Approved 6-0, Laura Caskey-Schreiber absent.

16. Authorize the executive to sign a $138,100 contract (amendment #1) with CH2M Hill of Bellevue to implement phase two of the water resources integration project? The second phase includes workshops and public meetings to determine levels of service, find mechanisms to evaluate present structures and recommend changes needed. The phase one contract for $195,000 was approved at the 8/7/07 meeting, vote number 162. This amendment brings the total contract to $333,100 and it is extended to 7/31/08. (AB 2008-66) Approved 6-0, Laura Caskey-Schreiber absent.

17. Authorize the executive to sign a $33,750 contract with Sustainable Connections of Bellingham for the “Toward Zero Waste Initiative?” This project will target businesses to reduce waste, increase reuse and recycling rates and encourage purchases of environmentally friendly products by county businesses with an emphasis on the construction industry. The renewable contract expires 12/31/08. (AB 2008-67) Approved 6-0, Laura Caskey-Schreiber absent.

18. Authorize the executive to enter into a $20,917 contract with Hirsch Consulting Services of Lummi Island, to monitor water quality in Drayton Harbor? Efforts over the past decade have improved the water quality but to reach state approved status for shellfish harvest in the entire bay requires further work. Water samples will be collected every three weeks at 11 locations on California Creek and the results summarized in quarterly reports. The contract expires on 1/31/09. (AB 2008-69) Approved 6-0, Laura Caskey-Schreiber absent.

19. Authorize the executive to enter into a $62,500 agreement with the state for updated geologic maps of western Whatcom County? Earth Resources, a division of the state department of natural resources, will provide oversight for the project. The geology of the county has not been assessed since 1970 and is needed to enhance natural resource planning and guide development siting and emergency management planning. Early efforts have already uncovered new faults in the Nooksack Valley, Maple Falls and Glacier areas. (AB 2008-70) Approved 6-0, Laura Caskey-Schreiber absent.

20. Sell property acquired by tax foreclosure at public auction? (Public hearing held) TR 2008-01 is a Glenhaven Lakes lot to be sold for no less than taxes and expenses of $944.33 AB 2008-50A (Resolution 2008-04) Approved 6-0, Laura Caskey-Schreiber absent.

21.Sell property acquired by tax foreclosure at public auction? (Public hearing held) TR 2008-02 is a Glenhaven Lakes lot to be sold for no less than taxes and expenses of $931.63 AB 2008-51A (Resolution 2008-05) Approved 6-0, Laura Caskey-Schreiber absent.

22. Approve 10 open space applications?1 State law gives property tax relief to open space designations and it decreases conversion to non-rural uses. The county planning commission received ten applications and recommended the council approve all of them. Four applications are for transfers from designated forestry to open space/timber, three are new applications for open space/timber, two applications are for transfers from open space agriculture to open space farm and agriculture conservation and one application is for transfer from open space agriculture to open space/open space. AB 2007-520 (Resolution 2008-06) Approved 6-0, Laura Caskey-Schreiber absent.

23. Approve request #1 for the 2008 project-based budget in the amount of $2,300,000? This request is for phase 1 of the ferry docks improvement project; the total cost of the project is currently estimated at $6,950,000. Request #1 is for plans, specifications and engineer’s estimate ($500,000), for construction ($1,500,000) and a 15 percent contingency fee ($300,000). The docks (Gooseberry Point and Lummi Island) will be upgraded to accommodate a new 35-car vessel. Funds previously expended on this project total $770,000. The executive has the authority to enter into contracts for this project; the council shall receive quarterly reports. AB 2008-48 (Ordinance 2008-01) Adopted 4-2, Carl Weimer and Barbara Brenner2 opposed, Laurie Caskey-Shreiber absent.

24. Amend the 2008 budget (request #3) in the amount of $2,306,391? Reappropriate: $115,100 to fund year 2007 Information Technology additional service requests. Appropriate: $16,584 to the hearing examiner for increased contract costs; $73,666 to public defender’s office for a fifth attorney; $189,824 to planning and development to fund two contracts from 2007 and a multifunction scanner for building inspectors; $95,933 to reduce toxic pollutants in Puget Sound; $40,670 to fund rental housing for deputies at Point Roberts; $90,000 grant to fund stormwater retrofit project to benefit Drayton Harbor; $148,977 to fund Washington State University sponsored projects and watershed management planning for WRIA 1; $688,965 for additional funding for Medic One services; $75,000 to fund local waste reduction and recycling projects; $32,000 to attract visitors to participate in the annual charity bicycle ride and to market Ski to Sea events; $137,572 to implement the Lake Whatcom stormwater plan; $92,000 to the Marine Resources Committee to respond to the decline in marine life and habitat and for water quality monitoring; $375,000 to purchase 54 acres with beach access near Pt. Whitehorn for a public park; $20,000 for one health department vehicle; $115,100 to Information Technology to purchase a countywide storage area network and provide specialized software training for two staff members. AB 2008-49 (Ordinance 2008–02) Approved 6-0, Laura Caskey-Schreiber absent.

¹Transfer four applications from designated forestry to open space/timber for property belonging to Robert and Marilyn McBeath, totaling 41.28 acres on McBeath Drive east of the Everson Goshen Road. New applications for open space/timber: Roseanne Broussard, 7.95 acres west of 6200 block of North Star Road, Ferndale; Tim and Elizabeth Rybka, 5.6 acres in the 3400 block of Thornton Road, Ferndale; Steven Bailey, 11.43 acres north of the 5200 block of Galbraith Road, South Fork Valley. Transfers from open space agriculture to open space farm and agriculture conservation: Pam Gould, 3.87 acres on the 2300 block of Tuttle Lane, Lummi Island; Nancy Simmerman, 4.03 acres on the 2300 block of Tuttle Lane, Lummi Island. Transfer from open space agriculture to open space/open space: Michelle Juddson and Barry Hembree, 20.75 acres in the 2400 block of Tuttle Lane, Lummi Island.