Whatcom County Council

Shall the council:

126. Authorize the executive to sign agreement with Northwest Park and Recreation District #2 for operation of the gymnasium and playground at Bay Horizon Park? The district has requested the use of the gymnasium on Gemini Street in Blaine. It will assume costs for improvements, maintenance, operation and programming for the gymnasium to serve the community’s recreational needs. The county will amend the current lease agreement with the Lions Foundation and contribute $65,000 and the park district contributing $35,000 to develop the new playground in 2010. The agreement expires on 7/13/20. (AB 2010-265) Approved 7-0

127. Authorize the executive to sign a $26,056 contract with Identix Biometric Solutions of Bloomington, Minn. for preventive maintenance of electronic fingerprint machines? The contract also includes the maintenance of a machine that stores the fingerprints and forwards them to Olympia. The contract expires on 12/31/2011. (AB 2010-267) Approved 7-0

128. Approve the 2010/2011 integrated roadside vegetation management plan? The goal is incorporation of best management practices of maintenance and to provide safe and esthetically pleasing roads. Work includes providing pavement drainage, safe visibility and ditch maintenance. This is accomplished by tree trimming, brush and hazardous tree removal, clearing and repairing detention ponds. Use of herbicides is minimized and forbidden in watersheds, Lummi Island and the Lummi Reservation. Noxious weeds, areas around road signs and guardrails, and wildflower islands are places requiring careful limited use of approved herbicides. All herbicides used are currently registered by the federal government and the state. Property owners may have herbicide treatment eliminated on the right-of-way abutting their property. (AB 2010-268) Approved 7-0

129. Authorize the executive to award the low bid of $307,680 to Strider Construction of Bellingham for a culvert replacement at Northwest Drive and Slater Road? The Bear Creek culvert was damaged in January 2009 floods. The replacement will be a l00-feet-long corrugated steel pipe arch that meets current fish passage standards. A federal grant will fund 86.5 percent of the project and the rest is local money. The total cost of the project including preliminary and construction engineering, right-of-way acquisition and contingency fee is $437,505. The work was advertised and six bids were received. AB 2010-266 (Resolution 2010-25) Approved 7-0

Shall the council:

130. Authorize the executive to accept a $154,875 state grant for phase 2 of the salmon habitat restoration project on the lower Canyon Creek? (Council acting as the flood control district board of supervisors) The flood control district will provide $51,625 for a total phase 2 cost of $206,500. Phase 2 will address habitat restoration and lessening flood risks to county roads, private homes and the Mt. Baker Highway. (AB 2010-278) Approved 7-0

131. Approve a $408,605 agreement between the conservation district and the flood control district to implement a watershed management assistance agreement? (Council acting as the flood control district board of supervisors) The money funds the Terrill Creek stewardship initiative and sub watersheds drainage master plan. Both projects aid the Birch Bay Watershed and Aquatic Research Management District and the Birch Bay comprehensive storm water plan and the newly formed Birch Bay Shellfish Protection District. The total cost of the four-year project is $1,032,697, with $772,570 in a federal grant and $260,127 in local matching funds. The conservation district will conduct land owners contracts, develop farm plans and install stream protection measures by Terrill Creek. Sub watershed analysis will plan best drainage designs and models for urban watersheds in the Birch Bay district. The agreement starts 7/1/2010 and ends 6/30/2014. (AB 2010-279) Approved 7-0

132. Authorize the executive to accept a $493,000 federal grant (amendment #1) for a conservation easement? The easement protects farms from conversion to non-agricultural uses under the purchase of development rights program. The original grant of $592,933 was approved at the 9/15/09 meeting, vote number 199. This amendment allows the county to include the Jensen farm (104 acres) in the purchase of development rights transaction. County matching funds come from the Conservation Futures Fund. (AB 2010-285) Approved 7-0

133. Adopt the annual six-year (2011–2016) transportation improvement program? (Public hearing held) State law requires counties to update their transportation plans yearly. The program establishes a list of needed capital improvements, eligibility for state and federal funds and sets the rate for impact fees. The 14-year (2011–2024) ferry plan is attached to the resolution. The top three transportation priorities are: Lincoln Road, Birch Bay Lynden Road/Portal Way and Birch Bay pedestrian facility. AB 2010-269 (Resolution 2010-26) Approved 7-0

134. Add two capital projects into the 2008 Comprehensive Economic Development Strategy list? One project is the Civic Center Annex at 322 N. Commercial and the second is the building located at 3720 Williamson Way. AB 2010-282 (Resolution 2010-27) Approved 6-1, Barbara Brenner1 opposed.

135. Clarify and revise definitions and standards for home occupations? (Public hearings held on May 25 and July 27) The amendments limit traffic requirements and number of commercial vehicles kept on premises, limits noise, odors, electrical interference and retail sales. The amendment puts “permitted uses” at the beginning of the chapter title. AB 2010-47 (Ordinance 2010-30) Amended and adopted 7-0

136. Establish parking restrictions on Locust Avenue? (Public hearing held) Locust Avenue is heavily used by the public to accessing the adjacent beach for wind surfing. Vehicles parked on both sides of the road prevent emergency vehicles’ access to residents. A “no parking anytime” will be established on the northwest side of the road from the railroad tracks to Marine Drive and on the southeast side within 150 feet of the railroad tracks. Since most of the trouble occurs after sunset, the county engineer will be sending an ordinance to council to reduce problems (drinking, noise, trash) on the beach. AB 2010-257 (Ordinance 2010-31) Adopted 7-0

137. Amend 2010 budget (request #13) in the amount of $711,06? Appropriate: $34,983 to the sheriff’s department to fund a program to register sex and kidnapping offenders; $38,326 to the sheriff’s department to fund boating patrols to check on excessive drinking by boaters; $26,000 to the sheriff’s department for emergency management programs; $150,000 for roof replacement and repair of water damaged walls for county building at 3720 Williamson Way; $30,000 for water damage assessment for Civic Center Annex at 322 N. Commercial; $431,752 to pay increased tort allocation insurance premiums. AB 2010-274 (Ordinance 2010-32) Adopted 6-1, Barbara Brenner2 opposed.

138. Amend pipeline safety regulations? Minimize damage to hazardous liquid or natural gas pipelines by ensuring early communication between developer and pipeline operators. New construction of high density land use such as schools, hospitals and multi-family housing must be at least 500 feet from a pipeline corridor. No building or land disturbance allowed within defined right-of-way of pipeline corridors without the written consent of pipeline operator. Telecommunication towers are exempt. The ordinance was amended to add the word “occupied” to building structures for clarification. AB 2010-238 (Ordinance 2010-33) Amended and adopted 6-1, Sam Crawford opposed.

^{1 - 2} Barbara Brenner's comments appear in the printed edition.