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Past Issues


Whatcom Watch Online
Whatcom County Council


April 2008

Watching Government

Whatcom County Council

Compiled by League of Women Voters Council Watchers

Action Taken at February 12, 2008 Meeting

Shall the council:

25. Authorize the executive to sign an agreement with the city of Bellingham to annex 305 acres called the Dewey Valley/Mount Baker Highway annexation? It is located west of Dewey Lane, from East Bakerview north to Ross Road and east of Squalicum Creek. The annexation is in the designated Urban Growth Area. (AB 2008-86) Approved 6-0, Seth Fleetwood absent.

26. Enter into an agreement with the city of Bellingham to share legal fees in the lawsuit challenging the Lake Whatcom Watershed Plan? In the late 1990s, the state legislature created a landscape plan for the Lake Whatcom watershed to prevent erosion, landslides and preserve water quality. The United General Hospital, Skagit County and the Mt. Baker School District filed a lawsuit in 2005 for lost timber revenue. The Bellingham City Council at the 11/6/06 meeting, vote number 276, voted to hire special counsel. The county will pay 50 percent of the legal services costs and 50 percent of the costs to retain experts. A two-week non-jury trial is scheduled to commence on 6/2/08. (AB 2008-92) Approved 6-0, Seth Fleetwood absent.

27. Approve the 2008 Lake Whatcom work plan? Amended on 1/29/08 by the natural resources committee to include the formation of a subcommittee of councils and commissioners for better communication and coordinate actions taken. Priorities established in the 2005-2009 plan include land preservation in the watershed, stormwater management, prevention of water degradation due to development, community outreach, data management, reduction of vehicle trips and roads planned to protect from runoff, promotion of recreation that does not affect water quality, inspection of septic and sewer systems and improvement in enforcement of protection regulations. (AB 2008-81A) Approved 6-0, Seth Fleetwood absent.

28. Confirm completion of the Urban Growth Area review? The county is required to review its Urban Growth Areas at least every ten years to determine if they can accommodate the projected growth for the succeeding 20-year period. The review shows there is sufficient land within these UGAs as adopted in the 1997 comprehensive plan and no changes in boundaries or densities were made. The state’s Growth Management Act requires an update of the county’s comprehensive plan by 2011. AB 2008-82 (Resolution 2008-07) Approved 7-0

29. Accept the Whatcom County Treasurer’s list of property tax refunds totaling $590,350? The refunds are for senior, tribal and charitable exemptions, errors, reclassifications and destroyed property. AB 2008-93 (Resolution 2008-08) Approved 6-0, Seth Fleetwood absent.

30. Implement the integrated water resource management project? At the 8/7/07 meeting, vote number 162, the council approved a $195,000 contract for phase one and at the 1/29/08 meeting, vote number 16, approved a $138,100 contract for phase two. Phase one developed a database for analysis and prioritization of water resource expenditures. This vote makes such prioritization the basis for establishing work programs, funding levels and budgets. AB 2008-66A (Resolution 2008-09) Approved 6-0, Seth Fleetwood absent.

31. Adopt the recommendations of the oversight committee for five applications1 under the Purchase of Development Rights program and proceed with the acquisition process? The program purchases conservation easements to protect farms from conversion to non-agricultural uses. This vote approves the purchase of 207 acres/21 development rights. AB 2008-87 (Resolution 2008-10) Approved 6-0, Seth Fleetwood absent.

32. Amend the comprehensive plan map, the zoning map and the urban fringe subarea plan? At the 8/7/07 meeting, vote number 168, the council initiated reconciliation with the city of Bellingham over differences relating to land supply, UGA zoning and boundary adjustments and at the 9/25/07 meeting, vote number 198, added Lake Padden as a water resource protection district. The council reviewed the proposed additions to Bellingham’s Urban Growth Area to identify those most appropriate to accommodate projected growth, while not adding to sprawl in agricultural lands. The Queen and King Mountain area of 266 acres was recommended for addition to the UGA by the city and county planning commissions. A 20-acre parcel adjacent to northern city limits planned for a city park was also included. The Urban Growth Areas are to be evaluated every ten years. AB 2007-318A (Ordinance 2008-03) Adopted 5-2, Sam Crawford and Ward Nelson opposed.

33. Repeal, replace and rewrite the rules, duties and procedures of the County Council? Changes include adding section on ‘‘general rules” and “decorum of debate” and rewording language for easy reference and continuity of intent. AB 2008-76 (Ordinance 2008-04) Approved 6-0, Seth Fleetwood absent.

Action Taken at February 26, 2008 Meeting

Shall the council:

34. Authorize the executive to award low bid of $194,875 to Valley Freightliner of Mount Vernon for a single-axle hybrid truck? The truck uses lithium ion batteries that are expected to last seven years. A 40 to 60 percent fuel savings is expected to make up for the additional $50,000 in extra costs. (AB 2008-101) Approved 7-0

35. Authorize the executive to sign a $55,000 contract with Conservation Northwest of Bellingham for the Whatcom Legacy project? The funding will complete a series of projects from the community-initiated long term visioning effort to plot a course for future generations. Specific projects will be a biodiversity database map (terrestrial and freshwater ecosystems) and a survey of community values and preferences from public input. While the contract terminates on 12/31/08, the project is not expected to be completed until 2010. (AB 2008-104) Approved 4-3, Ward Nelson, Sam Crawford and Barbara Brenner2 opposed.

36. Authorize the executive to sign a $128,191 contract with Pictometry International Corporation of Rochester, N.Y. for aerial images of western Whatcom County? The updated images will be used by many county departments. A cost-sharing partnership is being formed with the city of Bellingham, other cities in the county, the Lummi Nation and Nooksack tribe. The contract expires on 12/31/10. (AB 2008-102) Approved 7-0

37. Consider a petition to vacate a portion of Willow Street in Birch Bay? The approximately 8,000 square feet of Willow Street between Sunset Drive and Woolridge Avenue has never been open to the public and is not maintained by the county. Property owners in the vicinity submitted the petition. The county estimates the value of the vacation to be approximately $115,000. This vote initiates a county engineering report on the proposed vacation. AB 2008-105 (Resolution 2008-11) Approved 7-0

38. Adopt phase three of the 10-year plan to end homelessness? The state requires counties to reduce homelessness by 50 percent by 7/1/15. The original plan was passed at the 12/6/05 meeting, vote number 250. Phase one gathered information and needs; phase two worked on coordinating plans and getting grants and working on prevention; phase three establishes a Homeless Services Center to work toward finding long term housing and focusing on mental health and substance abuse problems and on youth homelessness. AB 2008-107 (Resolution 2008-12) Approved 7-0

39. Amend the franchise requirements to clarify transfer of ownership or control of a franchise? (Public hearing held) Changes to franchises must be reviewed and approved by the County Council; this amendment clarifies the process for reviewing and approving transfers of ownership and/or control by the franchisee. AB 2008-77 (Ordinance 2008-05) Approved 7-0

40. Continue the interim ordinance establishing a review procedure to ensure that development provides transportation facilities in accordance with the Growth Management Act? (Public hearing held) The review addresses the impact of development on roads and traffic and how developers will pay for traffic impact fees. The interim ordinance was first imposed at the 12/5/06 meeting, vote number 249, continued at the 2/13/07 meeting, vote number 36 and the 9/11/07 meeting, vote number 185. Interim ordinances must be renewed every six months. AB 2008-91 (Ordinance 2008-06) Adopted 4-3, Ward Nelson, Sam Crawford and Barbara Brenner3 opposed.

41. Amend the 2008 budget (request #4) in the amount of $2,323,460? Reappropriate: $78,783 for the courthouse basement remodel; $58,850 for a firearms training simulator; $200,000 for a single-axle crew cab hybrid truck; $178,134 for hardware and software to process votes; $48,000 to monitor water quality in Drayton Harbor and Portage Bay; $70,888 for equipment to combat terrorism; $275,000 to equipment rental for facility upgrades and purchase of a single-axle hybrid truck; $250,000 for the election center and multipurpose room and computer training lab remodel; $67,867 to the law and justice project for a data system coordinator position. Appropriate: $3,000 to the public defenders office for a student from the community college on a work/study program; $62,500 for a mapping project to produce a geomorphic map of western Whatcom County and geology maps of Lake Whatcom, Bellingham and Lynden by 2009; $171,217 for remodeling expenses at the election center; $150,000 for repairs to the civic center annex; $285,971 to fund a complete master plan for the site of the South and NW Road facilities for public works; $200,000 to purchase an above ground bio-diesel fuel tank and $223,250 to continue development of Whatcom Exchange Network and to provide hardware and software. AB 2008-90 (Ordinance 2008-07) Approved 7-0

42. Clarify appeals of Whatcom County Hearing Examiner decisions? All hearing examiner decisions can be appealed to the County Council. Outdated text is removed, time extensions, written and oral arguments and transcripts are amended. AB 2008-60 (Ordinance 2008-08) Approved 7-0

1Rankings: (1) Michael and Ruth Bouchard, three development rights, 20-acre seed potato farm on Loomis Trail Road; (2) Don and Irma Bauthues, one development right, 12-acre seed potato farm on Loomis Trail Road; (3) Vernon Derr, one development right, 82-acres with heifers, grass and corn silage on Matz Road; (4) Harold and Ellen Carbee, 13 development rights, 73-acres with heifers and pasture on Kelly Road; (5) Greg and Heidi VanderWerff, three development rights, 20-acres with beef cattle and pasture on Kelly Road.


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