September 2007
Watching Government
Whatcom County Council
Compiled by League of Women Voters Council Watchers
Action Taken at July 10, 2007 Meeting
Shall the council:
136. Authorize the executive to accept a federal grant of $178,655 to partially pay the wages of two detectives? One detective is from the county and the other from the city of Bellingham and both are working with the Northwest Regional Drug Task Force to apprehend drug dealers and prevent other illegal drug activity. The contract runs from 7/1/07 to 6/30/09; the money received only covers the first year. This contract renews a previous contract approved at the 11/8/06 meeting, vote number 220. (AB 2007-287) Approved 7-0
137. Authorize the executive to enter into a lease agreement with the state Department of Natural Resources for field office workspace? The 1,780 square feet of space is located at 3373 Mt. Baker Highway. The rent is $925 per month and the lease runs from 6/8/07 to 5/31/09. (AB 2007-288) Approved 7-0
138. Authorize the executive to accept a state grant of $184,000 for the Whatcom County Marine Resources Committee? This grant funds action projects including community education and outreach, nearshore habitat restoration study and shellfish and rockfish habitat assessments. The grant runs from 7/l/07 to 6/30/09. (AB 2007-291) Approved 7-0
139. Authorize the executive to enter into a $155,800 amended contract with the Lummi Indian Business Council for the Lummi Shore Road /Lummi View Drive project? The original contract was approved at the 4/8/03 meeting, vote number 72. This amendment brings the total amount to $1,355,800. Original cost estimates have been exceeded due to design revisions, material cost increases and construction modifications. The deadline was extended to 12/31/07. (AB 2007-292) Approved 7-0
140. Authorize the executive to award the low bid of $290,379 to Valley Freightliner of Bellingham, for three dump trucks? Two of the 2008 Freightliner trucks are replacement vehicles; replacing a 1994 Freightliner with 146,272 miles and a 1994 International with 115,521 miles. A request for bids was advertised and four bids were received. (AB 2007-293) Approved 7-0
141. Authorize the executive to enter into an agreement with the U.S. Army Corps of Engineers for repair work on the Mt. Baker Rim levee? Significant damage to the levee near Glacier occurred in a November 2006 flood. The federal government will cover 80 percent ($168,000) of the work, the flood control zone district 16 percent ($33,600) and the Mt. Baker Rim Community Club four percent ($8,400). (AB 2007-294) Approved 7-0
142. Authorize the executive to enter into an agreement with the U.S. Army Corps of Engineers for repair work on the Sande Williams levee? The damage on the right bank of the Nooksack River levee near Deming occurred during a November 2006 flood. The federal government will finance 80 percent ($160,000) of the work and the county 20 percent ($40,000). (AB 2007-295) Failed 3-4, Seth Fleetwood, Dan McShane, Laurie Caskey-Schreiber and Carl Weimer opposed. Reconsidered at 7/24/07 meeting, vote 150.
143. Require recycling in Whatcom County of all electronic and mercury-containing products? The county has sufficient services to recycle electronic and mercury-producing products. As of 1/1/09, the state will require electronic manufacturers to provide recycling services. AB 2007-300 (Resolution 2007-32) Approved 7-0
144. Award the low bid of $187,120 to Whatcom Builders of Bellingham for the paving of Everson-Goshen Road? The contract includes paving both sides of Smith Road at the intersection with the Everson-Goshen Road. Preliminary engineering at $10,000 and final testing at $15,000 brings the total cost of project to $212,120. The work was advertised and two bids were received. AB 2007-290 (Resolution 2007-33) Approved 7-0
145. Add five zoning amendments to the annual docket? Add Lake Padden as a special water district; allow wildlife facilities in agricultural zones; change the definition of home occupations; eliminate different density provisions in RR-1 districts and increase pipeline safety near new development. AB 2007-302 (Resolution 2007-34) Approved 6-1, Ward Nelson opposed.
146. Adopt the current state building code and repeal the existing Whatcom County Code? (Public hearing held) This ordinance is effective 7/1/07, it adopts the current version of various state codes and sets provisions for administering and enforcing them and establish rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties. AB 2007-259 (Ordinance 2007-34) Adopted 7-0
147. Increase the sales tax rate from .08 percent to .09 percent? (Public hearing held) The .01 percent increase will be used to finance local public facilities. The new rate is effective from 8/1/07 through 7/31/24. AB 2007-278 (Ordinance 2007-35) Adopted 7-0
148. Reduce the petty cash fund for the Parks and Recreation Department to $4,700? The petty cash fund was increased to $7,925 at the 6/3/03 meeting, vote number 114. The state auditors office recommended that access to change be limited; after reevaluating needs and ensuring accountability the petty cash fund was reduced by $3,225. AB 2007-276 (Ordinance 2007-36) Adopted 7-0
149. Amend the 2007 budget (request #7) in amount of $500,000? The county is working with the Whatcom Land Trust to obtain a $2,022,000 grant to purchase a 90-acre parcel of marine shoreline and 40 acres of tideland at Lily Point in Point Roberts. The purchase will protect species and habitat and maintain trails for public use and education. This $500,000 appropriation from the Conservation Futures Fund will be used as matching funds. AB 200-277 (Ordinance 2007-37) Adopted 7-0
Action Taken at July 24, 2007 Meeting
Shall the council:
150. Reconsider a motion for repair work on the Sande Williams levee? The motion was defeated 4-3 at the 7/10/07 meeting, vote number 142. The levee damage occurred on the right bank of the Nooksack River near Deming during a November 2006 flood. Construction costs will be shared between the federal government ($160,000), the county ($32,000) and Diking District #4 ($8,000). (AB 2007-295A) Approved 6-1, Dan McShane opposed.
151. Authorize the executive to enter into a $56,559 contract with Integral Consulting of Mercer Island, for a technical review of the EPAs Swift Creek report and a wetland mitigation plan? In addition to assessing the EPAs toxicology report on naturally occuring asbestos, the company will provide a plan supporting a county permit to dredge sediment from a Swift Creek channel and stockpile it in wetlands to lessen flood risks until a long-term solution can be reached. (AB 2007-307) Approved 6-0, Dan McShane recused.
152. Spend an additional $175,000 to purchase road maintenance products? At the 1/16/07 meeting, vote number 3, the council approved a $400,000 contract with Alpine Products of Auburn, for road striping and glass beads. An increase in product cost and a change in how paint is being applied is the reason for the increase and brings total expenditures to $575,000. (AB 2007-308) Approved 7-0
153. Authorize the executive to enter into an agreement with the city of Bellingham for design and construction of the West Illinois Street/Timson Way project? The new road will start at Marine Drive and end at West Illinois Street. The estimated cost of construction is $2.2 million. The road will be two lanes with curbs and gutters, a sidewalk on one side and two bike lanes. Upon completion, the county will own and maintain the road. For the Bellingham City Council vote on this project see the 8/6/07 meeting, vote 162. (AB 2007-309) Approved 7-0
154. Authorize the executive to accept a state grant of $8,150,000 to partially fund a new Lummi Island ferry? The grant will be paid in installments of $407,500 annually for 20 years. Design plans are complete for the new ferry that will cost an estimated $12.5 million with dock changes and repairs at $6.3 million. The present 45-year-old ferry is showing her age and is not in compliance with the Federal Disabilities Act. Some council members questioned design and expense of the project. (AB 2007-311A) Approved 5-1-1, Carl Weimer opposed and Laura Casky-Schreiber abstained.
155. Amend the annual road construction program to provide $200,000 in design funds for West Illinois Street/Timson Way project? The new road (see vote 153 for details) will be funded by the city of Bellingham (55 percent), Whatcom County (23 percent), Bellingham Technical College (17 percent) and Morse Steel (5 percent). AB 2007-296 (Resolution 2007-35) Approved 6-0, Sam Crawford recused.
156. Approve the detailed implementation plan proposed by the Water Resource Inventory Area 1? State legislation established the Water Resource Inventory Area 1 (WRIA 1) and divided the state into Water Resource Inventory Areas. The purpose was to develop locally based management of available water resource. The WRIA 1 planning unit approved a watershed management plan in June 2005 and starting working on the detailed implementation plan (DIP). On 6/20/07, the planning unit submitted the DIP for County Council approval. DIP is a tool for action and strategies to achieve water quality and quantity, instream flows and fish habitat goals and to monitor their progress. AB 2007-319 (Resolution 2007-36) Approved 7-0
157. Prohibit the use of boats with non-electric motors on Toad Lake? The lakes approximately 29 acres is susceptible to pollution from gas spills, erosion to the shoreline, endangerment of swimmers and noise concerns. When similar restrictions were imposed on Cain Lake in 1994 the same type of problems were noticeably reduced. AB 2007-284 (Ordinance 2007-38) Adopted 7-0
158. Increase the petty cash fund in the engineering department of public works by $100.00? This will increase the petty cash fund to $300.00. The money will be used for change at the service counter and to make small purchases. AB 2007-297 (Ordinance 2007-39) Adopted 7-0
159. Amend the 2007 budget (request #8) in the amount of $547,532? The first three appropriations are for the sheriffs office: $16,880 to purchase emergency responder systems to locate missing persons with mental dysfunction disorders, $10,000 for emergency equipment used in catastrophic events, $16,438 to fund a traffic safety coordinator position through 12/11/07 and $504,214 to the Bellingham Whatcom Housing Authorities to fund the construction of 45 housing units. AB 2007-298 (Ordinance 2007-40) Adopted 7-0
Action Taken at August 7, 2007 Meeting
Shall the council:
160. Authorize the executive to enter into a $25,000 amended contract with Philip Williams and Associates of San Francisco for Phase II of the Birch Bay shoreline enhancement project? Phase II of the three-phase project includes water and landside analysis, land-use planning and developing a cost estimate for the berm and promenade along Birch Bay Drive. The original $49,880 contract for consulting services was approved at the 8/8/07 meeting, vote number 161, with an amendment of $4,310 for further design work. The revised contract now totals $79,190 and ends 12/31/07. (AB 2007-327) Approved 6-0, Laurie Caskey-Schreiber absent.
161. Authorize the executive to enter into a $313,690 contract with On Line Consulting Services of Oakland, Calif., to upgrade security systems for the public safety building and juvenile detention facility? This involves the upgrading of the electronics and control infrastructure and necessary repairs, replacing the hard-wired equipment, designing project scope, estimating the cost and providing detailed development plans. The company will also evaluate contractors and observe and monitor progress of construction. The contract expires on 6/30/09. (AB 2007-328) Approved 6-0, Laurie Caskey-Schreiber absent.
162. Authorize the executive to enter into a $195,000 contract with CH2M Hill of Bellevue for consultant services to implement Phase 1 of the water resources integration project? Phase 1 will prioritize water resources and develop an organizational structure to implement them. The contract expires on 2/28/08. (AB 2007-329) Approved 6-0, Laurie Caskey-Schreiber absent.
163. Authorize the executive to enter into a $100,000 contract with Berk and Associates of Seattle to provide a study on the feasibility of Birch Bay incorporating? Berk and Associates will facilitate community discussion and provide the county and community with analysis for basing decisions on the merits and a timetable for incorporation. Included will be an assessment of needed municipal services and analysis of geographic boundaries. The contract expires on 3/31/08. AB 2007-330 Approved 6-0, Laurie Caskey-Schreiber absent.
164. Enter into a $2,912,857 loan and grant agreement with the city of Lynden and $180,458 in supplemental funding for Ferndale? The Economic Development Investment Board1 recommended a loan of $1,941,905 and a grant of $970,952 to the city of Lynden by a vote of 11-0. The money will provide for an industrial utility corridor, sewer extensions, water lines and a stormwater system that will provide opportunities for business expansion in the West Lynden industrial zone. A city of Ferndale loan of $1,026,000 and a grant of $504,000 was approved at the 3/13/07 meeting, vote number 64, for the centennial riverfront project. Ferndale made an error in the original request; the board voted 11-0 to approve an additional loan of $180,458. (AB 2007-332) Approved 6-0, Laurie Caskey-Schreiber absent.
165. Approve the 2007/2008 integrated roadside vegetation management plan? The plan provides safe, esthetically pleasing roadway using environmentally sound methods. The use of herbicides is minimized whenever practicable. Roads may be petitioned as no spray areas and property owners may have herbicide treatment eliminated on the right-of-way abutting their property. (AB 2007-335) Approved 6-0, Laurie Caskey-Schreiber absent.
166. Authorize a $376,111 amendment to the Colacurcio Brothers contract for the Cable Street reconstruction project? The original contract for $2,236,561 was approved 3/27/07 meeting, vote number 73. The half-mile section of Cable Street between Lakeview Street and Lake Whatcom Boulevard will protect the water quality in Lake Whatcom and improve public safety. Unanticipated conditions like a change in detour routes requiring additional flagging and signage, a need for more rock and accommodations for homeowners are the major reasons for the cost overrun. This amendment brings the total contract to $2,611,675. AB 2007-168A (Resolution 2007-37) Approved 6-0, Laurie Caskey-Schreiber absent.
167. Initiate reconciliation with the city of Bellingham over differences relating to land supply analysis, proposed Urban Growth Area zoning and boundary adjustment of the Bellingham subarea? (Public hearing held) The councils Planning and Development Committee recommended that Bellinghams UGA boundary be adjusted using a 10 percent safety factor (percentage of error oversight in population growth estimates) and adding 250 acres near King and Queen Mountains provided that the review confirms the need for additional growth and to the extent expansion of the citys UGA is appropriate in these and other areas. The original resolution was amended to require that a majority of the countys Planning and Development Committee attend the joint city/county meetings that will be open to the public. AB 2007-318 (Resolution 2007-38) Approved 4-2, Ward Nelson and Sam Crawford opposed, Laurie Caskey-Schreiber absent.
168. Endorse the draft Commute Trip Reduction Plan? In 1996, the Washington State Legislature passed the Commute Trip Reduction Act, and it was adopted by the council in 1997. The Legislature amended the act in 2006. The amendment requires counties experiencing automobile related air pollution and traffic congestion to reduce drive-alone vehicles by 10 percent and vehicle miles by 13 percent by 2011 for employers of 100 or more employees who arrive at work between 6 a.m. and 9 a.m. The county program works with Whatcom Transportation Authority for public transportation services and encourages the use of vanpools and carpools and will expand the program to include Alpha Technologies and Anvil Corporation. The council will review the revised plan prior to adoption in early 2008. AB 2007-331 (Resolution 2007-39) Approved 6-0, Laurie Caskey-Schreiber absent.
169. Request that the state of Washington reinstate funding assistance for re-entry of high-risk offenders? As of 6/30/07, the state has cut off housing assistance for high-risk offenders for communities that dont have justice centers, jeopardizing community safety. A legal interpretation is given as the reason for discontinuing funding. The last session of the state Legislature passed a law that funds high-risk offenders but Whatcom County isnt eligible since it doesnt have a justice center. AB 2007-339 (Resolution 2007-40) Approved 6-0, Laurie Caskey-Schreiber absent.
170. Continue the Cascade Natural Gas Corporation franchise agreement? (Public hearing held) Cascade Natural Gas plans on merging with MDU Resources Group, a natural gas distributor in North and South Dakota, Minnesota, Montana and Wyoming. The agreement approved on 5/14/96 requires council approval prior to the sale or transfer of interest in the franchise. Cascade will continue its operation, but as a wholly-owned subsidiary of MDU Resources Group. AB 2007-285 (Ordinance 2007-41) Approved 6-0, Laurie Caskey-Schreiber absent.
171. Amend the 2007 budget (request #9) in amount of $141,759? Appropriations: $93,759 for four new staff positions for applications and approval of development permits in the permit center; $48,000 for two pickup trucks for permit inspectors. AB 2007-315 (Ordinance 2007-42) Approved 6-0, Laurie Caskey-Schreiber absent.