Whatcom County Council

The May 2004 issue, page 13, Vote 41, contained an error.

The Whatcom County Council did not pass a motion requesting the Watershed Forestry Advisory Forum become the advisory committee for the Lake Whatcom Lansdscape Planning Committee.

Shall the council:

68. Approve a restrictive covenant for wetland mitigation at Hovander Park? The U.S. Army Corps of Engineers authorized the Public Employees Credit Union (now the North Coast Credit Union) to fill .48 of an acre of wetlands for the construction of a credit union building in Ferndale. In exchange, the credit union created 1.75 acres of wetlands at Hovander Park. (AB 2004-155) Approved 6-0, Ward Nelson absent.

69. Sell at public auction 73 Sudden Valley lots as one lot for a minimum bid of $31,926? The lots have restrictive covenants that prevent building on the property and will be sold for not less than back taxes, interest penalty, title search and foreclosure costs. Request 01-04. (Resolution 2004-24) Approved 6-0, Ward Nelson absent.

70. Set April 20 as the public hearing date to sell three Kel Bay properties in Birch Bay and one property on Haxton Way? The lots will be sold for no less than taxes, interest, penalty, title search and foreclosure costs. The Kel Bay properties are: Request 02-04, lot 47, $847.92. (Resolution 2004-25); Request 03-04, lot 48, $859.32 (Resolution 2004-26); Request 04-04, lot 54, $88l.62 (Resolution 2004-27); Request 05-04, Georgia Manor, lot 19, block D for $4,101. (Resolution 2004-28) Approved 6-0, Ward Nelson absent.

71. Amend Whatcom County Code 12.44 to clarify reimbursement procedures for developers who construct county road improvements? The amendment clarifies the process and avoids assessing property owners who used the road prior to the improvements. (Ordinance 2004-24) Adopted 6-0, Ward Nelson absent.

72. Amend the Whatcom County Code on initiatives, referendums and recall petitions to make them consistent with state code? Petitions must be no less than 11" in width and 14" in length to make signatures easy to verify. (Ordinance 2004-25) Adopted 6-0, Ward Nelson absent.

73. Adopt amendments to the Whatcom County zoning ordinance specifying where parks and recreation facilities are permitted? The amendment defines where activity centers, campgrounds, trails, trailheads and associated parking areas, shooting ranges and athletic fields can be located. (Ordinance 2004-26) Adopted 6-0, Ward Nelson absent.

Shall the council:

74. Approve final recommendations to the interlocal agreement for salmon recovery? The only change to the agreement (initially approved 3/23/04, vote 60) is wording to clarify the guidelines. (AB2004-115A) Amended version approved 7-0.

75. Approve the hearing examiner’s recommendation to allow the development of 51.4 acres near Birch Bay? The JIJ Corporation of Bellingham proposed the “Bay Crest North,” a development of 168-single-family residential lots located north of Bay Road and east of Jackson Road with 20.9 acres of clustered lots and 39 percent reserved for open space including wetlands. Density will be less than the zoned maximum of six homes per acre. (AB 2004-168) Approved 7-0

76. Authorize the executive to sign two contracts totaling $405,000 with Parametrix, Inc. of Kirkland? The first contract for $75,000 will complete the review of the Comprehensive Plan for compliance with the Growth Management Act. The second contract for $330,000 will inventory and analyze shoreline conditions and land use regulations. Goals, policies, environmental designations and land use regulations will be developed in conjunction with county departments and committees. Both contracts will be funded with state grants. (AB 2004-171/172) Approved 7-0

77. Authorize the executive to renew a contract with the federal government for patrol services? The U. S. Department of Agriculture (Mt. Baker-Snoqualmie National Forest) will pay the county up to $60,000 for a deputy in a marked sheriff’s vehicle to patrol national forest lands within Whatcom County. The contract runs from October 1, 2003 through September 30, 2004. (AB 2004-174) Approved 7-0

78. Authorize the executive to award bids totaling $400,000 for the annual supply of asphalt for county road projects? Low bidders are: Imperial Paving of Delta, B.C.; Jack Cewe of Coquitlam, B.C.; Rinker Materials of Burlington; Whatcom Builders and Wilder Construction. Job location, distance to plant and availability of product determine which company is used. (AB2004-182) Approved 7-0

79. Oppose the “U.S.A. Patriot Act?” Sections of the act that weaken citizen freedoms were opposed by a majority of the council while they approved sections that help protect citizens against terrorist acts. (Resolution 2004-29) Approved 4-2, Sam Crawford and Sharon Roy opposed, Ward Nelson abstained.

80. Sell at public auction four properties with unpaid taxes? The properties will be sold for no less than principal taxes, interest, penalty, title search and foreclosure costs. The Kel Bay properties are: Request 02-04, lot 47, $847.92 (Resolution 2004-30); Request 03-04, lot 48, $859.32; (Resolution 2004-3l); Request 04-04, lot 54, $881.62 (Resolution 2004-32); and Request 05-04 for a Georgia Manor lot, number 19, block D for $4,101 (Resolution 2004-33). All approved 7-0.

81. Amend the county’s Hartford Life Insurance Company and ICMA Retirement Corporation deferred compensation plan for employees? Deferred compensation is money employees have removed from their paychecks and placed in a retirement plan. The Internal Revenue Service code requires changes in minimum distribution, cashouts, contributions, withdrawals and transfers. (Resolutions 2004-34 and 2004-35) Both approved 7-0

82. Continue the interim conditional use criteria for commercial mushroom composting for six months? This extension provides additional time to gather information on the effects composting may have on public health and welfare. The interim ordinance was first passed at the 11/26/02 meeting (vote 210). It was continued at the 5/6/03 meeting (vote 90) and the 10/21/03 meeting (vote 184). (Ordinance 2004-27) Adopted 7-0

83. Amend 2004 budget request #4 in the amount of $110,600? The request is for $11,600 for motorcycles, breathalyzers and radar for the sheriff’s office; $3,000 for a wildlife biologist to review habitat management for a BP storage area on Brown Road; $72,500 for a bullet containment wall at the Plantation Rifle Range; $9,500 for the Mt. Baker Foothills Chamber of Commerce center at Maple Falls; and $14,000 to complete the Glacier restroom project (8/5/03, vote 137) with walkways, landscaping, signs and a kiosk. (Ordinance 2004-28) Adopted 7-0

85. Revise the county gambling code to reflect changes in state law? The exemption for charitable and nonprofit organizations will be increased from $5,000 to $10,000. In addition, any charitable organization or business that has a gambling enterprise must now file a tax return whether or not gambling taxes are due. A 2 percent tax must be remitted with returns over $10,000. (Ordinance 2004-29) Adopted 7-0

86. Amend the zoning map for Point Roberts? The zoning will be changed from transitional to residential rural for approximately eight acres. The zoning without sewer and water will be altered from one dwelling per five acres to one dwelling per acre. (Ordinance 2004-30) Adopted 7-0

87. Amend the land division regulations? New amendments will eliminate gift exemptions that allow an owner to give up to four 5-acre parcels to family members. Also deleted is the 5-acre road frontage exemption. The short plat process has been revised to reduce time, cost and complexity. Other changes modify wireless communication exemptions, identify environmental law relevant to land division and comply with state and county water regulations for multiple wells. (Ordinance 2004-31) Adopted 4-3, Barbara Brenner, Sam Crawford and Ward Nelson opposed.

Shall the council:

88. Award the low bid of $662,620 to Wilder Construction of Bellingham for various asphalt resurfacing projects in the county? This is a planned maintenance expenditure and funds were approved in the 2004 budget. (AB2004-193) Approved 7-0

89. Award the low bid of $319,405 to Whatcom Builders of Bellingham for asphalt resurfacing in Point Roberts? Streets in the subdivisions of Crystal Beach and Maple Beach and Marina Drive from APA to Edwards will be paved. (Resolution 2004-36) Approved 7-0

90. Award the low bid of $281,413 to Whatcom Builders of Bellingham to resurface Lakeway Drive? It will be resurfaced from the Bellingham city limits to Lakeview Street. Ten thousand dollars for preliminary engineering and $25,000 for construction engineering, testing and contingency brings the total cost of the project to $316,413. (Resolution 2004-37) Approved 7-0

91. Approve the election of a Charter Review Commission in November of 2004? The county’s Home Rule Charter requires a review of the charter at least every ten years. The previous Charter Review Commission was elected in 1994. Fifteen members will be elected, five from each of the council districts for a one-year term. (Resolution 2004-38) Approved 7-0

92. Continue the six-month moratorium on permits for power transmission lines? This sixth renewal will allow additional time to study on the effects of high power transmission lines on the health and safety of country residents. This ordinance expires on November 14, 2004. The moratorium was first passed at the 1/15/02 meeting (vote 11), continued at the 6/18/02 meeting (vote 115), the 12/10/02 meeting (vote 228), the 5/20/03 meeting (vote 106) and the 11/18/03 meeting (vote 201). (Ordinance 2004-32) Approved 7-0 §