Whatcom County Council

Action Taken at April 9, 2013 Meeting

Shall the council:

59. Terminate a development agreement with Caitac USA? The Whatcom County Council at the 2/22/2011 meeting, vote #24, voted to consider rezoning the Caitac USA property from R10 (one house per 10 acres) to R5A (one house per five acres) and rezone the golf course from R10A to Tourist Commercial to allow a hotel with limited area of more intense rural development designation (LAMIRD). The Bellingham City Council at the 7/11/2011 meeting, vote #127, authorized the city to appeal any rezones. Futurewise filed an appeal with the Washington Growth Management Hearings Board; later the city filed an appeal and the hearings board consolidated the two appeals. This settlement agreement dismisses all hearings board claims. The settlement contains the following terms: the County Council will repeal the ordinance passed at the 12/6/2011 meeting, vote #223, so the area rezoned R5A for the housing development will revert back to R10A; no part of that area may be rezoned from R10A to R5A for a period of five years; the area where the hotel will be built will  retain the designation of Rural Tourism LAMIRD. The rezoning to Tourist Commercial and the development agreement associated with the hotel near the golf course will also remain effect. At the 12/6/2011 meeting, vote #224, the council approved  the Caitac development agreement for approximately nine acres in the Smith Road/Guide Meridian area. Since the original development agreement is no longer applicable to the property, both parties agreed to its termination. (AB2013-135) Approved 7-0

60. Authorize the executive to award the low bid of $1,036,293 to Whatcom Builders for hot mix asphalt prelevel at various locations? This is part of annual maintenance and repair on county road projects. The work includes 13,724 tons of asphalt hot mix on parts of fourteen county roads and five alternate roads, signing and other traffic control, pavement repair, and seeded lawn installation. The engineer’s estimated cost of the hot mix was $1,099,087. A request for bid was advertised and two bids were received. (AB2013-138) Approved 7-0

61. Amend the agricultural purchase of development rights (PDR) ordinance? (Public hearing held) The Growth Management Act and the Whatcom County Comprehensive Plan support preservation of agriculture lands and encourage use of innovative techniques. The Oversight Committee developed a strategy to focus purchase of development rights efforts on agricultural core areas, rather than the current program prioritizing all agriculture areas, including edge areas. Elements could include analysis of small lots in the agricultural area created previously, a process for property owners to offer their own price for selling development rights, a plan to be responsive to opportunities as they arise and use of consultant assistance for increased outreach. Properties located in Urban Growth Areas (UGAs) are ineligible for this program. The main body of the purchase of development rights program guidelines remain the same. AB2013-115 (Ordinance 2013-015) Adopted 7-0

62. Establish the Behavioral Health Revenue Advisory Board? At the 11/7/2012 meeting, vote #185, the council voted to replace the Mental Health Advisory Board and Substance Abuse Advisory Board with a single Behavioral Health Advisory Board. Separately, the Behavioral Health Revenue Advisory Board will ensure oversight, implementation and evaluation of the sales and use Behavioral Health Tax Fund. The county executive will appoint 10 members to the board that will consist of representatives from the following areas: Peace Health Hospital, the judicial branch of Whatcom County government, the Whatcom County sheriff or designee, the chief or corrections or designee, the Behavioral Health Advisory Board, two mental health advocates and two drug recovery advocates. The county executive will submit quarterly reports to the County Council. AB2013-130 (Ordinance 2013-016) Adopted 5-2 Barbara Brenner1 and Bill Knutzen opposed. 

Action Taken at April 23, 2013 Meeting

Shall the council:

63. Fill five vacancies on the Surface Mining Advisory Committee? Christopher Secrist, Dan McShane, Shannon Logan, Steve Cowden, and Brad Davis were confirmed to two-year terms. (AB2013-108)

64. Confirm 10 appointments to the Forestry Advisory Committee? At the 3/26/2013 meeting, vote #58, the council voted to establish the Forestry Advisory Committee. The committee has 10 members appointed by the County Council and one member chosen by the Washington State Department of Natural Resources. Council membership is limited to five categories: two small forest landowners, two commercial forest landowners or their eligible representatives, two harvesters, two private citizens with forestry expertise, two forest product manufacturers. Council appointments: Aubrey Stargell, Gordon Iverson, Rod Lofdahl, Greg Zender, Gary Jones, Max Perry, Gerry Millman, Herb Barker, Sharon Westergreen, and Phil Cloward were confirmed to four-year terms. (AB2013-137)

65. Authorize the executive to sign a two-year $70,000 contract with the city of Bellingham for the Clean Green Transfer Station? The amount is $45,000 in 2013 and $25,000 for 2014. The city of Bellingham operates the yard waste facility, collects a per visit user fee and transports materials to a compost facility. The county reimburses half of net operating costs. (AB2013-152) Approved 6-0, Pete Kremen absent.

66. Authorize the executive to award the low bid of $148,359 to Faber Construction of Lynden for the construction of the Olsen Trailhead parking lot? The lot is located on Lake Louise Road near Sun Valley Gate 9, and will accommodate 29 vehicles. The work was advertised and 12 bids were received. (AB2013-154) Approved 4-2, Barbara Brenner 2 and Bill Knutzen opposed, Pete Kremen absent.

67. Authorize the executive to award the low bid of $1,300,000 to Paramount Petroleum of Seattle for delivery and supply of asphaltic emulsions? The road oil is used on road projects on as-needed basis. Over the past five years, the expenditure for road oil has been as low as $469,935 and as high as $951,942. It also allows requests for chip sealing from other local governments on a reimbursable basis. A request for bid was advertised and two bids were received. (AB2013-l55) Approved 6-0, Pete Kremen absent.

68. Authorize the executive to apply for a $245,660 federal grant for planning and engineering of the Glacier Community Trail project? The two mile multi-use trail between Glacier and Douglas Fir campground is a community sponsored initiative. No pathways exist to link wilderness homes to Glacier’s center. State Route 542 has few shoulder areas for pedestrians or bikes and is heavily traveled by cars. Total project costs are estimated at $284,000, with $38,340 to be contributed from local community sources. (AB2013-156) Approved 6-0, Pete Kremen absent.

69. Amend the 2013 flood control budget (request #1) in the amount of $1,124,550 for additional funding of the Canyon Creek integrated fish and flood project? (Council acting as flood control district board of supervisors) The flood control budget was adopted at the 11/20/2012 meeting, vote #190, changing circumstances require modifications. The present levee was constructed in the middle of an active alluvian fan. It degrades Chinook habitat and increases flow velocities. The levee will be removed and eleven engineered log jams constructed in its place to reduce flood risk to the Glacier Springs subdivision and the Mount Baker Highway. AB2013-143 (Resolution 2013-013) Approved 4-2, Kathy Kershner and Ken Mann opposed, Pete Kremen absent.

70. Amend the portion of the 2013-2014 budget that restricts the expenditure of certain funds? (Public hearing held) This amendment requires council approval for the executive to transfer appropriation authority between departments within the general fund through supplemental budgets. AB2013-144 (Ordinance 2013-017) Amended and adopted 6-0, Pete Kremen absent.

71. Amend the Whatcom County Code on Aquatic Invasive Species? (Public hearing held) This amendment expands prevention program to include mandatory watercraft inspection for some motor boats  prior to launching at Lake Whatcom and Lake Samish starting in 2013 and all county water bodies in 2015. The 2013 proposed budget is approximately $55,000, with $35,000 from the Natural Resources and Noxious Weed budget and 23,000 transferred from the flood fund. AB2013-145 (Ordinance 2013-018) Adopted 5-1, Barbara Brenner3 opposed, Pete Kremen absent.

72. Amend the unified fee schedule to include inspection fees for Aquatic Invasive Species? (Public hearing held) Proposed fees are $50.00 for an annual sticker and $20.00 for a day pass. These fees match those to be charged by the city of Bellingham in 2013. AB2013-146 (Ordinance 2013-019) Adopted 5-1, Barbara Brenner4 opposed, Pete Kremen absent.

73. Change certain voting precinct boundaries in Whatcom County? (Public hearing held) Precinct 183 will be expanded to include all of the national forest land in Eastern Whatcom County. Correct a reference in precinct 250 from “High Street” to “Highland Drive.” Adjust boundaries in precincts 209 and 222 to designate voters in the port marine area to the slip number assigned (this affects a change in the lines between Wards 1 and 3). Adjust the boundary lines in precincts 224 and 225 to allow for the treatment lagoon at the former Georgia-Pacific site to be contained in one precinct. AB2013-147 (Ordinance 2013-020) Adopted 6-0, Pete Kremen absent.

74. Amend 2013 budget (request #5) in the amount of $150,533? Appropriate: $4,604 to fund Strengthening Families Program for a seven week series in Spanish for families with 10-14 year old youth; $73,488 for services relating to the Lake Whatcom reconveyance; $12,000 to improve air quality, humidity and environmental conditions at Hovander Homestead; $8,000 to the sheriff office to fund eight crisis negotiation team members training in Oregon; $5.847 from to the sheriff s office to conduct water patrols to increase education and enforcement on boating safety; move the $46,594 arbitration award paid to Mikes Roofing from the tort fund to the Public Utilities improvement fund. AB2013-142 (Ordinance 2013-021) Adopted 4-2, Barbara Brenner5 and Bill Knutzen opposed.