Whatcom County Council

Correction

Ken Mann did not abstain from vote #21 at the February 14, 2012 meeting; the vote was a request by Concrete Nor’west to amend the Mineral Resource Lands gravel zoning designation. Mr. Mann in a email said he was compelled to recuse himself from the discussion and vote because of legal threats by the proponent. He said he has consistently opposed that senseless rezone and the attorney for the applicant stooped to shameful legal tricks to get him out of the room. He did not want to jeopardize the outcome or risk more litigation, so he left the room.

He said the error is a small distinction but a meaningful difference to him.

Action Taken at April 10, 2012 Meeting

Shall the council:

59. Approve the recommendations by the Economic Development Investment Board1 for a grant to Public Utility District #1 of Whatcom County and a grant/loan to the city of Everson? The PUD #1 applied for a $217,500 grant for funds to build a wireless communications system for east Whatcom County, presently unserved by the private sector (Maple Falls, Glacier, Kendall, North Columbia Valley, Silver Lake and and South Fork Valley areas). The City of Everson applied for a $249,675 grant and a $249,675 loan to extend services including sewer and water to its southern light industrial area and provide linkage to downtown commercial district. (AB2012-141) Approved 7-0

60. Authorize the executive to award the low bid of $1,234,335 to Whatcom Builders of Bellingham for hot mix asphalt for county road projects? This is part of annual maintenance and repair on county roads and projects. Payment based on actual work performed and material used. The cost estimate was $1,325,000. A request for bids was advertised and two bids were received.(AB2012-142) Approved 7-0

61. Authorize the executive to accept a $175,073 federal grant to control drug trafficking, money laundering and drug related violent crimes? The grant will provide funding for the Northwest High Security Drug Trafficking Area Task Force from 1/1/2012 through 12/31/2013. It will pay for a prosecutor, secretary and software maintenance. (AB2012-146) Approved 7-0

62. Authorize the executive to sign a $40,000 contract with PND Engineering of Seattle for the design of the Gooseberry Point ferry terminal wingwall replacement project? The walls, built in 1986, are showing signs of deterioration, including broken piles, rotten timbers and corroded cables. They will be replaced with stainless steel piles. (AB2012-147) Approved 7-0

63. Amend the six-year transportation improvement program for the years 2012-2017? (Public hearing held) The the amendment will: add project #6, the Gooseberry Point pedestrian project that includes construction of sidewalks and other non-motorized improvements to fulfill the Lummi Nation ferry lease. Add project #14, the Finnegan Road to Scott Ditch Bridge $1,350,000, 4.2 mile long pavement rehabilitation for its potential to receive rural arterial pavement preservation funding in 2013. Modify project #11, title and limits of East Smith Road, Everson-Goshen Road pavement project to make it eligible to receive rural arterial pavement preservation funding in 2013. AB2012-137 (Resolution 2012-008) Approved 7-0

64. Authorize the executive to award the low bid of $104,008 to Trimaxx Construction of Sedro Woolley for work on South Pass Road? Repairs include clearing, stabilizing, guard rails, repaving and drainage improvements for a 200 foot section of the road that settled due to flooding in January 2009. Federal funds cover 86.5 percent of the road construction costs and the rest by Whatcom County. The estimated total cost of the project is $238,403. Request for bids was advertised and eight bids were received. AB2012-143 (Resolution 2012-009) Approved 7-0

65. Strongly encourage the Washington State Department of Natural Resources to reconsider the closure of mountain bike trails in the area of the North Fork of the Nooksack River? Available land is limited, but the county is recognized nationally as a mountain biking “mecca” with economic input to the community. The local biking organizations manage the maintenance, trail construction and impact mitigation, compatible with other forest uses. AB2012-139 (Resolution 2012-010) Approved 7-0

66. Amend ferry rates and the unified fee schedule? (Public hearing held) This amendment adopts two recommendations of the Lummi Island Ferry Task Force. Free passenger and pedestrian passage year round for ages six through 18 and discontinue student punchcards for July and August. AB 2012-130 (Ordinance 2012-016) Adopted 7-0

67. Impose an emergency moratorium on the acceptance of new applications for wind energy systems greater than 500 Kilowatts or multiple systems per parcel with a cumulative rated output above 100 Kilowatts? The original ordinance for procedures on the installation of small wind energy systems was passed at the 10/21/2008 meeting, vote #211. An emergency moratorium was passed on 2/23/2010 meeting, vote #43, to assess the impact on dense residential areas. An interim moratorium was passed at the 4/13/2010 meeting, vote # 68; has been continued to allow the the Planning Commission additional time to access the impact. This ordinance shall expire sixty days from this date unless repealed or extended. AB2011-223B (Ordinance 2012-017) Adopted 7-0

Action Taken at April 24, 2012 Meeting

Shall the council:

68. Authorize the executive to sign a $103,800 contract (amendment #2) with Element Solutions of Bellingham for the Nooksack River sediment management pilot project? (Council acting as the flood control district board of supervisors) It is likely that an environmental impact statement will be required to obtain final permit approval which could cost as much as $1 million. This amendment brings the total contract to $131,800. (AB20112-161) Approved 4-1, Carl Weimer opposed, Pete Kremen and Sam Crawford absent.

69. Authorize the executive to accept a $121,464 federal grant to prevent, protect against, respond to and recover from terrorist attacks and other disasters? The U. S. Department of Homeland Security grant will be distributed to cities in Whatcom County, the Port of Bellingham, the Lummi Nation and Nooksack tribe. The performance period runs from 9/l/2011 through 5/31/2014. (AB2011-163) Approved 5-0, Pete Kremen and Sam Crawford absent.

70. Authorize the executive to sign a $183,135 contract with Pioneer Human Services of Seattle to provide withdrawal outreach and engagement services to opiate addicted individuals? The program goal is to increase reintegration into the community and encourage treatment to result in increased early recovery and stabilization. The program needs effective methods of withdrawal and more outreach to growing numbers of young people becoming addicts. The contract runds from 5/1/2012 through 4/30/2014. (AB2012-164) Approved 5-0, Pete Kremen and Sam Crawford absent.

71. Authorize the executive to sign a $22,753 with Rosario Archeology LLC of Bellingham for a cultural resource assessment for Cottonwood Neighborhood drainage by-pass project? (Council acting as flood control board of supervisors) The bypass is a top priority for the Birch Bay Watershed Management (BBWARM) District. The assessment is required for compliance with the State Department of Archeology and Historic Preservation. A permit is necessary to guide procedure if artifacts are uncovered. The state laws help to preserve property important to local native peoples. (AB2012-165) Approved 5-0, Pete Kremen and Sam Crawford absent.

72. Authorize the administrator of the purchase of development rights program to apply to the state of Washington for matching funds? (Public hearing held) The grant assistance, together with the Conservation Futures Fund will finance the cost of farmland conservation easement applications. AB2012-157 (Resolution 2012-011) Amended and approved 5-0, Pete Kremen and Sam Crawford absent.

73. Adopt the recommendations2 of the oversight committee for two applications under the purchase of development rights program and authorize the administrator and executive to proceed with the acquisition process? purchase of development rights program acquires conservation easements to protect farms from conversion to non-agricultural uses. Two properties totaling 51 acres are under consideration. AB2012-159 (Resolution 2012-012) Amended (Hubbard property removed) and approved 5-0, Pete Kremen and Sam Crawford absent.

74. Set May 8 as the date for a public hearing regarding sale of surplus property? The surplus property includes: a Chevrolet 4X4 Blazer with 116,283 miles, a Kenworth dump truck with 458,862 miles, a Chevrolet 4X4 Blazer with 99,068 miles, a Ford F250 with 109,180 miles, two Ford buses with 201,589 and 239,700 miles, a motorcycle from the sheriff’s department with 34,373 miles plus four mowers, miscellaneous broken and unusable tools. AB2012-125 (Resolution 2012-013) Approved 4-1, Barbara Brenner3 opposed, Pete Kremen and Sam Crawford absent.

75. Repeal existing voting precincts boundaries with newly established voting precinct boundaries? Redistricting establishing legal boundaries for all precincts is mandated by the Legislature to balance changes in population distribution indicated by the 2010 Census. Law requires all precinct boundary changes to be completed fourteen days prior to the start of candidate filing on May 14. 2012-154 (Ordinance 2012-018) Adopted with substitute exhibit 5-0, Pete Kremen and Sam Crawford absent.

76. Amend the 2012 budget (request #7) in the amount of $411,141? Reduce appropriations: $147,916 for Juvenile Court administration; $143,127 for Planning and Development Services and $68,247 for the Prosecuting Attorney. Appropriate: $30,484 to the sheriff’s department. Transfer: $82,335 for parks maintenance to the general fund. AB2012-155 (Ordinance 2012-019) Amended and adopted 5-0, Pete Kremen and Sam Crawford absent.

77. Authorize an emergency ordinance with newly established voting precinct boundaries for Whatcom County? Mandated by the state Legislature following the census to balance changes in population distribution. The boundary lines between the 39th, ,40th and 42nd districts have been altered. The County Council has adopted changes to the council district boundaries as a result, and notification to voters of precinct changes will be made immediately. Therefore an emergency ordinance is necessary to give time for mailing. It takes effect immediately, to remain in effect no more than 60 days. Seventeen precincts’ legal descriptions were correctly updated in a replacement page. AB2012-154A (Ordinance 2012-020) Amended and adopted 5-0, Pete Kremen and Sam Crawford absent.