Whatcom County Council

Shall the council:

66. Send a memorandum to the executive recommending the termination of the animal control contract with Security Specialist Plus? The sheriff in a nine-page memo to the executive on March 15 reported on a history of problems with Security Specialist Plus — the latest being 41 llamas seized for neglect and seven euthanized — and recommended terminating the contact. Approved 5-2, Sam Crawford and Ward Nelson opposed.

67. Send a letter to Senator Margarita Prentice encouraging the state to particpate in funding the Northwest Straits Marine Conservation Initiative? The U.S. Congress passed the initiative in 1998 to protect the marine waters of northwest Washington through marine resource committees. Whatcom County is one of seven counties with a marine resource committee that works to restore, improve, support and protect marine life. (AB 2007-29) Approved 6-1, Sam Crawford opposed.

68. Uphold the Whatcom County Hearing Examiner’s decision granting a conditional-use permit to Kinder Morgan Canada? The adjacent property owner, EC Hoffman Trust, appealed the decision. The applicant operates a petroleum pipeline from Canada to the Cherry Point refineries. The permit will allow the company to install a new trans-shipment/metering facility on their property at 5232 Lake Terrell Road. (AB 2006-472) Approved 6-1, Dan McShane opposed.

69. Authorize the executive to award the low bid of $99,446 to Blythe Plumbing & Heating of Bellingham, for an air-cooled chiller? It will replace the current air-cooled chiller in the Courthouse. The job was advertised and two bids were received. (AB 2007-161) Approved 7-0

70. Authorize the executive to award the low bid of $507,975 to Whatcom Builders of Bellingham for annual asphaltic hot mixes for county road projects? The job was advertised and three bids were received. (AB 2007-162) Approved 7-0

71. Authorize the executive to enter into a $121,778 contract with Whatcom Counseling & Psychiatric Clinic of Bellingham to provide mental health services? The clinic will provide a minimum of 30 hours per week in mental health services for jail inmates, support for residents of Gladstone House, outreach counseling and administer a shelter voucher program. The contract runs from 1/1/07 through 12/31/07. (AB 2007-164) Approved 7-0

72. Authorize the executive to enter into a $90,000 contract with Sun Community Services of Bellingham to provide four beds for mentally ill offenders? Community services will supervise mentally ill offenders referred by jail staff. The contract runs from 1/1/07 through 12/31/07. (AB 2007-167) Approved 7-0

73. Authorize the executive to award the low bid of $2,235,561 to Colacurcio Brothers of Blaine for the Cable Street reconstruction project? The half-mile section of Cable Street between Lakeview Street and Lake Whatcom Boulevard will have stormwater treatment facilities, roadway and drainage improvements, sidewalks, lighted crosswalk and bike lanes.. The project was advertised and five bids received. AB 2007-168 (Resolution 2007-14) Approved 5-2. Barbara Brenner1 and Ward Nelson opposed.

74. Set April 10 as the public hearing date to consider the establishment of one-way detours for the Cable Street reconstruction project? Cable Street will be closed from May 1 through September 1 and traffic routed through residential neighborhoods. AB 2007-169 (Resolution 2007-15) Approved 7-0

75. Initiate comprehensive plan and zoning amendments for 2007? Seventeen amendments were proposed, 12 were initiated2 and forwarded to the planning commission: 2007-A; 2007-B; 2007-C; 2007-D; 2007-E; 2007-F; 2007-G; 2007-H; 2007-J; 2007-O; 2007-P; 2007-Q. AB 2007-90 (Resolution 2007-16) Approved 7-0 at the 4/3/07 special meeting.

76. Establish the Birch Bay Watershed and Aquatic Resources Management District? (Public hearing held) The Birch Bay comprehensive stormwater plan approved by the council at the 11/8/06 meeting, vote number 223, recommended a stormwater management district. AB 2007-113A (Ordinance 2007-19) Adopted 6-1, Barbara Brenner3 opposed.

77. Amend the 2007 budget (request #3) in the amount of $1,139,888? Appropriations include: $539,338 to monitor Lake Whatcom; $300,000 for ag research center project; $181,550 for Dickson farm development rights; $69,000 for Courthouse air chiller; $20,000 for council legal services; $15,000 for Canyon Creek salmon recovery and $15,000 sheriff’s office equipment. AB 2007-154 (Ordinance 2007-20) Adopted 7-0

Shall the council:

78. Overturn the Whatcom County Hearing Examiner’s decision allowing an electronics assembly business to expand? SensorLink applied for permission to construct a 9,800 square foot building that would expand the business on Valley Highway by 87 percent. The council returned the matter to the hearing examiner because the decision failed to address the alluvial fan that lies within the site. (AB 2007-66) Approved 4-3, Barbara Brenner,4 Sam Crawford and Ward Nelson opposed.

79. Authorize the executive to award the low bid of $120,000 to Miller’s Painting of Bellingham, for interior and exterior painting of county buildings? The contract is for 2007 and 2008. The job was advertised and two bids were received. (AB 2007-181) Approved 7-0

80. Authorize the executive to award the sole bid of $49,841 to Bud Clary Toyota of Yakima, for the two Toyota Prius hybrid vehicles? They will replace a Ford Taurus with 106,669 miles and a Pontiac Grand Prix with 97,667 miles. (AB 2007-183) Approved 7-0

81. Authorize the executive to enter into a $86,000 contract with Wilson Engineering of Bellingham, to design chinook habitat along the South Fork of the Nooksack River near Acme? The contract (Northwest Hydraulic Consultants is a subcontractor) runs from 4/11/07 to 12/31/07 and is funded by a state grant and county matching money. (AB 2007-184) Approved 7-0

82. Authorize the executive to enter into a $103,384 supplemental contract with Reichhardt & Ebe Engineering of Lynden, for phase two of the installation of a red light at Hannegan and E. Pole roads? The amendment will cover additional design services and potential construction support. The original $205,860 contract for four-way flashing signalization design was approved at the 9/27/05 meeting, vote number 177. The supplemental contract increases the total to $309,699 and it expires on 12/31/08. (AB 2007-186) Approved 7-0

83. Authorize the executive to accept a $62,100 state grant for litter cleanup? The grant provides $50,000 for juvenile offender roadside cleanup crews/illegal dumping cleanup and $12,100 litter prevention education. The grant runs from 7/1/07 through 6/30/09. (AB 2007-187) Approved 7-0

84. Authorize the executive into enter into a $30,700 agreement with the Port of Bellingham for design and permitting of the Squalicum Creek restoration project? The project will restore the estuary, remove creosote pilings and improve fish passage. The total cost of the project is estimated at $80,738. Federal grants will fund the project. (AB 2007-188) Approved 7-0

85. Set April 24 as the public hearing date to authorize the sale of surplus county property? The surplus property includes: 33 vehicles, 13 pedal boats, six canoes, miscellaneous tools, office equipment and computer components. AB 2007-189 (Resolution 2007-17) Approved 7-0

86. Authorize the executive to award the low bid of $1,268,393 to Wilder Construction of Bellingham, for Hannegan Road improvements? The project will construct left-hand turn lanes on Hannegan Road at Kelly Road, Laurel Road, Ten Mile Road and Van Dyk Road. County engineers estimated the cost of the project at $1,574,393. The project was advertised and four bids were received. AB 2007-190 (Resolution 2007-18) Approved 7-0

87. Continue the interim moratorium on acceptance of new applications for subdivisions within the Lake Whatcom watershed? (Public hearing held) All lots that remain five acres or greater shall be exempt from the moratorium. The interim ordinance was first passed at the 4/26/05 meeting, vote number 91and renewed at the 10/25/05 meeting, vote number 215, 4/25/06 meeting, vote number 97 and 10/10/06 meeting, vote number 201. Interim ordinances must be renewed every six months. AB 2007-158 (Ordinance 2007-21) Adopted 5-2, Sam Crawford and Ward Nelson opposed.

88. Adopt an interim ordinance limiting the size of commercial retail establishments to 75,000 square feet? (Public hearing held) The ordinance avoids land-use conflicts with other jurisdictions that already limit the size of retail development in accordance with the state Growth Management Act. An emergency ordinance was passed at the 2/27/07 meeting, vote number 49. Interim ordinances must be renewed every six months. AB 2007-135A (Ordinance 2007-22) Adopted 6-1, Sam Crawford opposed.

89. Designate temporary one-way detours during the Cable Street reconstruction project? (Public hearing held) The Cable Street project is designed to reduce the impact of stormwater on Lake Whatcom water quality. Construction will close Cable Street from 5/1 through 9/1; traffic will be routed through residential neighborhoods. AB 2007-169A (Ordinance 2007-23) Adopted 6-1, Barbara Brenner opposed.

589. From Barbara Brenner: I opposed the one-way detours because they are expensive, dangerous and piecemeal fix that will have to be repeated if we don’t implement a comprehensive Lake Whatcom transportation plan.

Shall the council:

90. Approve a one-year long plat extension for Lois Meyers? The plat was first approved on 3/1/00 and she has received two previous extensions, one in February of 2005 and the other in March of 2006. Changes in health department regulations, road construction, stormwater design, fire protection plan and personal financial problems are the reasons for the extensions. This is the final extension the council can grant and it will end on 3/1/08. (AB 2007-194) Approved 7-0

91. Authorize the executive to enter into a $29,127 contract with Gilmore Research Group of Seattle for a public health survey? The company will conduct telephone interviews with 689 county residents. The survey (behavioral risk factors) is used by the Center for Disease Control and Prevention, state and local health departments to monitor chronic diseases and the leading causes of death. The survey is being funded by a state grant. (AB 2007-197) Approved 7-0

92. Authorize the executive to enter into a $3,000 lease with Jim Snydar for 80 acres at Hovander Homestead Park? This is an increase of $1,000 over last year. Mr. Snydar first leased the property in 2006; the reduced price was based on the poor condition of the fields. The lease runs from 4/1/07 through 12/31/07 and will preserve the property for farm use. (AB 2007-198) Approved 7-0

93. Authorize the executive to use a $1.4 million state grant to implement a homeless housing project? The money will create a Whatcom County Homeless Housing Center to coordinate case management, rent support and educational services to help low-income families keep their homes. This is a three-year project and the county is authorized to use all local homeless grant assistance funds to support the program. (AB 2007-201) Approved 7-0

94. Authorize the executive to enter into amended contract #3 for $128,000 with Northwest Hydraulic Consultants of Seattle, for flood control planning along the South Fork of the Nooksack River? The original contract for $200,000 was approved at the 10/26/04 meeting, vote number 173. The first amendment ran from 1/1/06 to 12/31/06 and the second amendment from 1/1/07 to 5/31/07. The total amended contract is for $328,000 and will be extended from 6/1/07 to 12/31/08. (AB 2007-202) Approved 7-0

95. Authorize the executive to enter into a $1,530,900 grant and loan agreement with the city of Ferndale for its centennial riverfront project? The Economic Development Investment Board5 recommended a loan of $1,026,000 and a grant of $504,900 by a vote of 11-0. The project will construct a pedestrian promenade along the banks of the Nooksack River. The total cost of the project is estimated at $1,700,000 and a completion date of October 2007. The loan is for 20 years at an interest rate of l.5 percent. (AB 2007-203) Approved 7-0

96. Authorize the executive to award the sole bid of $154,741 to Hydra Platform Manufacturing of Rock Hill, S.C., for an under-bridge platform inspection trailer? The item was advertised and one bid was received. (AB 2007-204) Approved 7-0

97. Authorize the sale of surplus county property? (Public hearing held) The surplus property includes: 33 vehicles, 13 pedal boats, six canoes, miscellaneous tools, office equipment and computer components. AB 2007-189A (Resolution 2007-19) Approved 7-0

98. Authorize the executive to award the low bid of $399,487 to Wilder Construction of Bellingham, for construction of the Innis Creek Bridge project? The project is located on Highway 9 near Wickersham. Besides construction of a 40-foot span bridge, the project includes excavation of a channel and sediment management, installation of a diverter for the existing channel and safety improvements on Innis Creek Road. The project was advertised and five bids received. AB 2007-206 (Resolution 2007-20) Approved 7-0

99. Approve seven open space/timber applications?6 State law gives property tax relief to open space designations and decreases conversion to non-rural uses. The county planning commission received eight applications and recommended to the council that seven be approved and one be denied. The proponent with the denied recommendation has withdrawn their application. If property is removed from open space designation, penalties equal to 20 percent of back taxes and interest for the past seven years are assessed. AB 2007-192 (Resolution 2007-21) Approved 7-0

100. Establish a single board of appeals? (Public hearing held) The county has adopted International Building Codes so the appeals board is no longer enforing the uniform building code. The board will hear appeals to building codes called I-Codes; the number of full members will be reduced from seven to five with two alternates. AB 2007-193 (Ordinance 2007-24) Adopted 7-0

101. Amend the 2007 budget (request #4) in the amount of $1,566,525? Appropriations include: $18,000 for the Home Port Learning Center contract; $7,120 to District Court for the domestic violence prevention conference; $5,376 for the Citizen Corps public outreach program; $5,129 to the Northwest Clean Air Agency for cell phone service in 2007 and a $1,530,900 grant/loan to Ferndale for the centennial riverfront project (see vote 95 for details). AB 2007-191 (Ordinance 2007-25) Adopted 7-0

102. Authorize the executive to enter into a $95,000 contract with Gallatin Group of Seattle for help in obtaining state and federal funds? Gallatin will develop a strategy to acquire funds for homeland security, climate protection, water quality, public safety, trade and tourism, the impact of the 2010 Winter Olympics, etc. (2007-199) Approved 6-1, Barbara Brenner opposed.7

103. Authorize the executive to accept a federal grant for $166,271 to continue narcotics control efforts? The grant will continue the efforts of the Northwest Regional Drug Task Force and fund a prosecutor, secretary and software. The target is mid- to upper-level drug distribution/importation. The grant runs from 1/1/07 through 12/31/07. (AB 2007-213) Approved 7-0

104. Authorize the executive to award the county legal notices contract to The Bellingham Herald? Since March of 1998, The Bellingham Herald — the only daily newspaper published in Whatcom County — has been designated a sole source; exempting it from formal bidding. Advertising rates for the first insertions will increase 23 cents per column inch over last year, from $11.66 to $11.89. The county will receive 21 copies of each issue. The contract runs from 7/1/07 through 6/30/08. (AB 2007-214) Approved 7-0

105. Authorize the executive to enter into a $94,444 contract with Krazan & Associates of Bothell for phase one of a Courthouse water damage survey? The investigation will be carried out over a three-week period. The report on phase one will contain the findings of the investigation, define the scope of the repairs (phase 2) and the construction work (phase 3) along with the budget for the final two phases. (AB 2007-215) Approved 7-0

106. Authorize the executive to enter into a contract with the federal government for patrol services? The U.S. Department of Agriculture will pay the county up to $60,000 to provide a deputy in a marked sheriff’s vehicle to patrol the Mt. Baker-Snoqualmie National Forest within Whatcom County. The contract runs from 10/1/06 through 9/30/07. (AB 2007-216) Approved 7-0

107. Authorize the executive to enter into an $84,645 contract with FCS Group of Redmond to develop a way to fund the Birch Bay comprehensive stormwater plan? The stormwater plan was approved at the 11/8/06 meeting, vote number 223, as a subarea plan of the Birch Bay comprehensive plan that was approved at the 9/28/04 meeting, vote number 163. (AB 2007-221) Approved 7-0

108. Set May 22 as the public hearing date to sell tax title property by public auction? TR 2007-01 is a Snowline lot that is to be sold for no less than $1,067. AB 2007-217 (Resolution 2007-22) Approved 7-0

109. Set May 22 as the public hearing date to declare a house and property on Lummi Island as surplus? The two bedroom, two bathroom house is located at 2158 South Nugent Road on Lummi Island. AB 2007-153 (Resolution 2007-23) Approved 5-2, Laurie Caskey-Schreiber and Carl Weimer opposed.

110. Adopt the Drayton Harbor Shellfish Protection District recovery plan? Bacteria in shellfish led to a downgrade of Drayton Harbor in 1995 and a closing of shellfish harvesting in the entire harbor in 1999. The County Council adopted the shellfish protection district in 1995 and adopted recovery plans in 1995, 1998 and 2000. In 2004, 27 percent of the harbor was reopened to shellfish harvesting. The 2007 recovery plan reflects the progress in shellfish recovery since the last plan was approved in 2000. AB 2007-230 (Resolution 2007-24) Substitute amended and approved 7-0.

111. Honor the centennial of the YWCA and urge support for its mission? The Young Women’s Christian Association was founded in Bellingham in 1907. On June 8, 2007, the YMCA begins a yearlong celebration; citizens are urge to join the council and executive in honoring the YWCA. AB 2007-233 (Resolution 2007-25) Approved 7-0

112. Prohibit the application of fertilizer containing phosphorus within the Lake Whatcom and Lake Samish watersheds? (Public hearing held) Phosphorus in lake water leads to algae growth, reducing oxygen levels and requiring more treatment of drinking water. The Lake Whatcom ban went into effect on 4/1/05 and becomes effective for Lake Samish on 6/1/07. The first growing season for lawns is exempt. Violators can be fined up to $1,000 for each offense. AB 2007-196 (Ordinance 2007-26) Adopted 7-0