Whatcom County Council

Shall the council:

21. Create a Mineral Resource Lands designation and zoning overlay at the intersection of Doran and Bownan Roads, south of Acme? Concrete Nor’west requested the amendment to expand the overlay designation by 280 acres for future gravel mining. The existing designation is Commercial Forestry. (AB2011-232) Failed 3-3-1, Barbara Brenner,1 Pete Kremen and Carl Weimer opposed, Ken Mann abstained.

22. Authorize the executive to award a $650,000 grant/loan to the city of Bellingham for the West Bakerview overpass project? The Economic Development Investment Board voted to approve a $300,000 grant and a $350,000 loan for the $3.1 million project to improve the I-5 overpass at the West Bakerview exit. The city, port, county, Fred Meyer, and state of Washington project is expected to decrease delays, improve safety, and provide economic benefit to the area by supporting additional commerce. The city repays the loan within seven years. (AB2012-072) Approved 7-0

23. Authorize the executive to sign an agreement with the city of Bellingham and the Port of Bellingham for the West Bakerview overpass project? The agreement covers $100,000 from Whatcom County and $500,000 from the Port of Bellingham. For details on the overpass project see city Council votes at the 2/13/2012 meeting, votes #14 and #15. (AB2012-073) Approved 7-0

24. Authorize the executive to award the low bid of $35,477 to Vic Unick Construction of Ferndale for the Drayton Harbor Road beach erosion repair project? At the 10/23/2007 meeting, vote #225, the council approved the low bid of $1,243,810 to Ram Construction for Drayton Harbor Road repairs. This contract includes replacement of cobbles and special fabric along the embankment to mitigate wind and wave erosion. (AB2012-074) Approved 7-0

25. Authorize the executive to sign a $64,500 contract with the federal government for patrol services? The U.S. Department of Agriculture will pay the county to provide a deputy in a marked car to patrol the Mt. Baker-Snoqualmie National Forest within Whatcom County. The patrols will include Saturdays, Sundays and holidays, with additional help with unforeseen problems in places most used by visitors. The contract runs from 1/l/2012 through 12/31/2012. (AB2012-075) Approved 7-0

26. Authorize the executive to approve the expenditure of $450,000 for traffic line paint from Sherwin Williams Inc.? Due to supply problems in 2010 and 2011, Alpine Products Inc of Auburn will be backup.The paint will be used for road maintenance in 2012. Whatcom County has an agreement with Lewis County to use their bids. (AB2012-078/2012-080) Approved 7-0

27. Approve the Whatcom County treasurer’s annual list of property tax refunds totaling $667,207? The 525 refunds are for senior exemption; overpayment; tax status change; destroyed property; court order, and miscellaneous errors in 2011. AB2012-082 (Resolution 2012-003) Approved 7-0

28. Cancel uncollectable personal property taxes totaling $13,195? The Whatcom County treasurer has been unable to collect taxes of $10,698 on businesses and $2,497 on 11 mobile homes. AB2012-083 (Resolution 2012-004) Approved 7-0

29. Amend member requirements for the subzone advisory committees? (Council acting as the flood control district board of supervisors.) The amendment allows the appointment of one member in the five member committee of each flood control district who does not reside in but is or represents a rate payer. AB2012-045 (Resolution 2012-005) Substitute approved 7-0

30. Initiate2 comprehensive plan and zoning amendments for 2012? Annual amendments would implement changes to the zoning map, zoning code, and comprehensive plan. Eleven applications and three from previous years were forwarded to the Planning Committee for further review in 2012. AB2012-089 (Resolution 2012-006) Amended and approve 7-0

31. Establish a Lummi Island Ferry Advisory Committee? The committee shall consist of seven members, with at least five members residents or property owners on Lummi Island. The County Council shall appoint the members for three year terms. The committee will review and make recommendations to the County Council and the executive on operation and other issues concerning the Lummi Island ferry. AB2012-044 (Ordinance 2012-005) Substitute adopted 7-0

32. Change the Mineral Resource Lands designation to Rural (R10) for approximately 90 acres on Aldrich Road, just south of King Tut Road? The area is sand that is considered to be unsuitable for agricultural or forestry operations. The zoning change will allow other uses for the site “when appropriate.” AB2011-435) (Ordinance 2012-006) Adopted 6-1, Carl Weimer opposed.

Shall the council:

33. Increase the speed limit for a portion of Drayton Harbor Road from 25 to 35 miles per hour? (Public hearing held) A petition signed by local citizens — none of the residents on Drayton Harbor Road signed it — requested the speed limit increase from the Blaine city limits to Harborview Road. (AB2012-088) Failed3 1-6, Sam Crawford, Kathy Kershner, Peter Kremen, Bill Knutson, Ken Mann and Carl Weimer opposed.

34. Authorize the executive to sign a $16,112 contract with Northwest Indian College for fecal coliform water quality monitoring in the Drayton Harbor and Portage Bay Shellfish Protection Districts? (Council acting as the flood control district board of supervisors.) These funds will continue analysis of water quality which will support implementation of prioritized tasks identified by the shellfish protection districts. The contract runs from 1/25/2012 through 12/31/2012. (AB2012-097) Approved 7-0

35. Authorize the executive to sign a $150,000 bridge inspection agreement with the state of Washington? On 7/1/2011, the state terminated the existing bridge inspection program. The county will take over routine inspections but Bridges No.140, 148 and 512 need a state under-bridge inspection truck with driver and operator. This 10-year agreement provides for underwater inspections of five structures and periodic inspection work by Washington State Department of Transportation at the county’s request and expense. (AB2012-100) Approved 7-0

36. Amend the Comprehensive Plan, urban growth designation and zoning map designations for property in the Yew Street Reserve Urban Growth Area? These amendments would restore 520 acres along Yew Street Road to the Bellingham UGA. Current zoning is one house per 10 acres; adding the reserve area to the city’s urban growth area would have designated the land for annexation by the city and more intense development. (AB2011-210) Failed 0-7, Barbara Brenner,4 Sam Crawford, Kathy Kershner, Peter Kremen, Bill Knutson, Ken Mann and Carl Weimer opposed.

37. Support the continuation of state funding for essential criminal justice programs? This resolution will be sent to the state legislature indicating the county’s support for the funding of safety and qualification programs for essential criminal justice services. AB2012-105 (Resolution 2012-007) Amended and approved 5-1-1, Ken Mann opposed and Carl Weimer abstained.

38. Amend the 2012 budget (request #5) in the amount of $1,330,694? Re-appropriate: $16,000 for District Court recording equipment upgrades. Appropriate: $5,820 for the Nesset Farm caretaker position; $149,837 for the Operation Stonegarden program; $29,200 to for sheriff management system project; $212,994 for Community Energy Challenge program; $305,379 for the Opportunity Council housing rehab program; $10,097 jail controls debt service adjustment; $1,000 for Medic One admin support; $48,000 for EMS gurneys; $350,000 for affordable housing Impact Fee Loan Program. $1,01,567 from 1997/1998/2010 Limited Tax General Obligation Bond Fund to fund 2012 budget for 2010 LTGO Bonds. AB2012-090 (Ordinance 2012-007) Adopted 7-0

39. Create a Whatcom County Commission on Salaries for Elected Officials? At the 2011 general election voters approved a Charter amendment creating a citizens’ commission to review and set salaries for elected county officials. The commission shall consist of ten members serving two-year terms; six selected will be by lot from registered voters and four appointed by the executive and confirmed by the County Council. The commission will prepare a two-year salary schedule for the County Council, executive, assessor, auditor, prosecuting attorney, sheriff and treasurer. AB2011-224C (Ordinance 2012-008) Adopted 7-0

40. Close the petty cash revolving fund for the County Council office? In the future, the office will only take exact change for photocopies, CDs, agenda subscriptions and other items. AB2012-069 (Ordinance 2012-009) Adopted 7-0

41. Amend the section of the Whatcom County Code on County Council meetings? This amendment changes the order of regular council business, it will generally move open session remarks from the beginning of the meeting to immediately after public hearings,which are also towards the beginning of the meeting. The amendment also combines two council committees, the Public Works/Safety Committee and the Health Committee into one, a Public Works/Health/Safety Committee. AB2012-091 (Ordinance 2012-10) Amended and adopted 6-1, Sam Crawford opposed.

1 From Babara Brenner: I opposed expanding gravel mining because I had water quality/quantity concerns that were not addressed. I repeatedly requested the information. Although legally the proponent didn’t have to supply that information until the next phase, the proponent was allowed to supply it even if it wasn’t legally required. I had voted against the amendment several times before, stating the same reasons.

2 Initiated and forwarded to the planning commission:

2012-02 Review and update the county’s six-year capital improvement program for facilities.

2012-03 Reduce the maximum floor area for non-residential uses in the Urban Residential Mixed from 5,000 square feet to 2,500 square feet.

2012-04 Review and amend provisions of the comprehensive plan relating to capital facilities in the eastern portion of the county.

2012-05 Establish interlocal agreements with service providers serving unincorporated urban growth areas only if appropriate.

2012-06 Amend the zoning for approximately 1.86 acres located on the north side of Smith Road, west of the Guide Meridian.

2012-07 Review the rural study areas of the Whatcom County Agricultural Strategic Plan.

2012-08 Amend the zoning ordinance to allow small scale slaughterhouses in the agriculture zoning district.

2012-09 Amend the zoning map for 19.7 acres on the west side of North Star Road, south of Brown Road to allow the expansion of mineral resource lands.

2012-10 Amend the transportation chapter of comprehensive plan to include transportation improvements with a multimodal approach.

2012-11 Amend portions of the zoning ordinance to ensure consistency with the Growth Management Act and the comprehensive plan.

2012-12 Amend rural elements of the comprehensive plan, including provisions relating to limited areas of more intensive rural development.

2011-09 Change the zoning overlay on rural forestry to mineral resource lands on approximately 28 acres of land on Lummi Island.

2011-12 Implement new land use policies in Birch Bay to accommodate growth in a way that protects the environment and respects landowners’ interests.

2011-15 Amend the zoning ordinance related to stormwater management, vegetation retention, re-vegetation options, erosion and sediment control in order to address the Total Maximum Daily Load finds for Lake Whatcom.

2010-26 Review and amend the Wind Energy System chapter of the zoning ordinance.

2008-01 Allow offsite wetland mitigation and habitat restoration as a form of compensatory mitigation in all zoning districts.

3 From Barbara Brenner: I supported increasing the speed limit because our county engineers did a study that showed the average speed is currently 35 miles per hour with no accidents related to speed. We have always been told speed limits are supposed to be based on the average, safe speed and that lower speeds can actually increase danger by causing tailgating and unsafe passing. We were also told that increasing speed limits to the average speed does not cause a further increase in speed.

4 From Babara Brenner: I opposed changing the area to a UGA because the Yew Street area is right at the edge of the city of Bellingham and the city is opposed. I don’t think the county has ever forced a UGA on any city. Plus, the city never has to annex the area if it doesn’t want it, which would just increase costs to county government.