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Past Issues


Whatcom Watch Online
Whatcom County Council


May 2008

Watching Government

Whatcom County Council

Compiled by League of Women Voters Council Watchers

Action Taken at March 13, 2008 Meeting

Shall the council:

43. Clarify language in the contract with Conservation Northwest for the Northwest Legacy project? The contract was originally approved at the 2/26/08 meeting, vote number 36. This community-wide project is to map and put in place a vision for the county’s future, created by a diverse citizen committee to reach consensus for solutions to growth and change. A biodiversity map compiling ecological data into an information database with cost $35,000; it will assist in review of permits, assessment of environmental impacts, identification of preservation areas and problems of road placement. An in-depth survey of community values relating to land use and growth decisions over time will cost $20,000. While the contract terminates on 12/31/08, the project is not expected to be completed until 2010. (AB 2008-104) Approved 4-3, Sam Crawford, Barbara Brenner1 and Ward Nelson opposed.

44. Authorize the executive to award the low bid of $950,000 to McAsphalt Industries of Langley, BC, for the annual supply and delivery of asphaltic emulsions (road oil)? The work was advertised and two bids were received. (AB 2008-117) Approved 7-0

45. Authorize the executive to award a $108,333 contract to McLoughlin & Eardley Corporation of Portland for the purchase and installation of equipment for sheriff’s vehicles? The equipment will outfit 20 new vehicles with emergency warning system including lightbars with brighter and longer lasting LED type bulbs for better visibility and road safety. (AB 2008-119) Approved 7-0

46. Urge the U.S. Congress to implement a plan to recover grizzly bears in the North Cascades? The Whatcom County Comprehensive Plan encourages the protection and enhancement of wildlife populations. The federal government estimates there are less than twenty grizzly bears left in the North Cascades, a number too low to be self-sustaining. The North Cascades has been identified as one of six grizzly bear recovery zones in the lower forty-eight states and the only one outside the Rocky Mountains. AB 2008-111 (Resolution 2008-13) Approved 6-1, Sam Crawford opposed.

47. Initiate comprehensive plan and zoning amendments for 2008? Thirteen amendments were proposed; 12 were initiated2 and forwarded to the planning commission. Eight are from 2007; they are: 2007-A, 2007-C, 2007-E, 2007-F, 2007-G, 2007-O, 2007-P, 2007-Q. Four are from 2008, they are: 2008-B, 2008-D, 2008-F and 2008-L. AB 2008-120 (Resolution 2008-14) Approved 7-0

48. Install stop signs at both ends of the temporary Sulphur Creek Bridge on Baker Lake Road? (Public hearing held) Flooding in December of 2007 damaged the bridge’s sub-structure causing it to be closed. Traffic will be routed over a temporary one-lane structure while the bridge is repaired. AB 2008-95 (Ordinance 2008-09) Approved 7-0

49. Continue an interim ordinance regarding the urban residential and urban residential medium density zoning districts in the Bellingham Urban Growth? (Public hearing held) The interim ordinance was first passed at the 9/25/07 meeting, vote number 202. This vote implements regulatory mechanisms relating to density, lot clustering, reserve tracts, water and sewer disposal until the updated Bellingham subarea plan is adopted. Interim ordinances must be renewed every six months. AB 2008-108 (Ordinance 2008-10) Approved 7-0

50. Continue the interim ordinance protecting the Lake Padden watershed from degradation? (Public hearing held) The interim ordinance was first passed at the 9/25/07 meeting, vote number 198. The lake is protected while the council reviews development regulation to permanently address health and safety concerns. Interim ordinances must be renewed every six months. AB 2008-94 (Ordinance 2008-11) Adopted 6-1, Sam Crawford opposed.

1From Barbara Brenner: I opposed awarding the contract to Conservation Northwest because the company providing the software, Natureserve, said they could map Whatcom County for much less than what Conservation Northwest, a local advocacy group, had bid. Natureserve is a disinterested third party with no bias. Also, a survey-consulting firm with no ties to Whatcom County should do the in-depth survey instead of Conservation Northwest. The survey will be a very controversial issue and therefore demands absolute objectivity that is not possible from any local advocacy group.

2Initiated and forwarded to the planning commission:

2007-A: Continue the joint city-county review of the county Urban Fringe Subarea/Bellingham Urban Growth Area plans.

2007-C: Adopt a new Foothills subarea plan; delete the 1988 plan.

2007-E: Update the parks, recreation and open space plan.

2007-F: Update the concurrency management program.

2007-G: Determine if it is appropriate to enlarge the agricultural program.

2007-O: Amend text inaccuracies regarding Fire District 13.

2007-P: No longer work with agencies and industrial owners adding piers at Cherry Point.

2007-Q: Minimize development in the Lake Whatcom area.

2008-B: Adopt a new Lummi Island subarea plan; repeal the 1979 plan.

2008-D: Update the six-year capital improvement program for 2009-2014.

2008-F: No longer recognize Sudden Valley as an Urban Growth Area.

2008-L: Revise the comprehensive plan and zoning to comply with “limited areas of more rural development” as required by the Growth Management act.

Action Taken at March 25, 2008 Meeting

Shall the council:

51. Authorize the executive to award the sole bid of $166,817 to Concrete Technologies Corporation of Tacoma for sixteen pre-stressed voided slab bridge girders? They will replace girders on Bridges 119 and 120 located on South Bay Drive at the south end of Lake Whatcom. The sole bid was $12,364 under the engineer’s estimate. (AB 2008-142) Approved 7-0

52. Authorize the executive to enter into a $3,000 lease with Jim Snydar for 80 acres of land at Hovander Homestead Park? Mr. Snydar first leased the property in 2006. Mr. Snydar will provide 80 bales of hay for the fall festival at the park. The lease begins on 4/l/08 and terminates on 12/31/08. (AB 2008-147) Approved 7-0

53. Authorize the executive to enter into an agreement (amendement #13) with the city of Bellingham for annexation of l2.5 acres in the vicinity of San Juan Boulevard and Yew Street Road? The Bellingham City Council accepted the annexation petition at the 9/11/06 meeting, vote number 211. A notice of intention to annex was forwarded to the Boundary Review Board. (AB 2008-150) Approved 7-0

54. Authorize the executive to enter into an agreement with the Whatcom Land Trust for Lily Point in Point Roberts? The Whatcom Land Trust will purchase 90 acres of upland and 40 acres of tidelands for $3,500,000; the appraised value is $4,380,000. The Land Trust will transfered ownership of the Lily Point property to Whatcom County and it will be protected with a conservation easement. This vote also includes $600,000 from the Conservation Futures Fund that will be used to purchase of the property. (AB 2008-153) Approved 7-0

55. Adopt a management plan for the operations and maintenance of septic systems? (Council acting as the board of health held a public hearing.) A state grant of $100,000 will cover local costs to adopt the plan. The plan allows homeowners to perform most evaluations and will provide information on loans and grants. Records will be kept on approximately 30,000 septic systems in the county, their maintenance and condition. Sensitive areas will be identified: Drayton Harbor and Lake Whatcom watershed and shoreline management areas (which include lakes, streams, shorelines and wetlands) AB 2008-72 (Resolution 2008-15) Approved 7-0.

56. Establish a Birch Bay watershed and aquatic resources advisory committee? (Council acting as the board of supervisors of the flood control zone held a public hearing.) The committee shall consist of five members for four-year terms. Members will represent stakeholders from within the Birch Bay watershed and will assist residents and council relating to this subzone district. AB 200-129 (Resolution 2008-16) Approved 7-0.

57. Set April 8 as the public hearing date to sell tax-title property by public auction? (1) TR 2008-03, unit l06 at the Cabana Club condominium in Birch Bay for no less than $1,425 AB 2008-135 (Resolution 2008-17); (2) TR 2008-04, unit 201 at the Cabana Club condominium in Birch Bay for no less than $1,041 AB 2008-136 (Resolution 2008-18); TR 2008-05, (3) unit 208 at the Cabana Club condominium in Birch Bay for no less than $859 AB 2008-137 (Resolution 2008-19); (4) TR 2008-06, a Nooksack city lot for no less than $1,047 AB 2008-138 (Resolution 2008-20); (6) TR 2008-07, a Nooksack city lot for no less than $1,040 AB 2008-139 (Resolution 2008-21). All approved 7-0.

58. Set April 8 as the public hearing date to sell tax-title property by negotiation? (1) TR 2008-08, Boynton Sunset Tracts #3 (near Gooseberry Point) a 30/100 interest in the beach reserve for no less than $890.93 AB 2008-140 (Resolution 2008-22); (2) TR 2008-09, Boynton Sunset Tracts #2 with 1/50 interest in playground reserve for no less than $910.37 AB 2008-141 (Resolution 2008-23) Both approved 7-0.

59. Designate the Whatcom County Council chambers as the site for the public auction of state trust land? State law requires the council to designate the location for the auction. The chambers are county property and a suitable place for public participation. AB 2008-133 (Resolution 2008-24) Approved 7-0

60. Establish a joint committee to review the Lake Whatcom reservoir management plan? The committee will be made up of two members of the Whatcom County Council, two members of the Bellingham City Council and one member of the Lake Whatcom Water and Sewer District board of commissioners. It will meet on a regular basis to explore policy issues and data, track the reservoir management plan and improve communications with the councils and commission. AB 2008-134 (Resolution 2008-25) Approved 7-0

61. Restrict the speed of boats on Lake Terrell? (Public hearing held) Boats are prohibited from creating wakes except for emergency operations. The Washington State Department of Fish and Wildlife requested this ordinance. The lake is small and the wakes from boats disturb the habitat for migratory birds and other sensitive species. AB 2008-78 (Ordinance 2008-12) Adopted 7-0

62. Continue the interim ordinance limiting the size of commercial retail establishments to 75,000 square feet? (Public hearing held) Interim ordinances preventing vesting of such facilities will be continued until the county completes urban growth updates, zoning and comprehensive plan amendments. An emergency ordinance was passed at the 2/27/07 meeting, vote number 49 and interim ordinances were passed at the 4/10/07 meeting, vote number 88 and 10/9/07 meeting, vote number 215. Interim ordinances must be renewed every six months. AB 2008-112 (Ordinance 2008-13) Adopted 6-1, Sam Crawford opposed.

63. Continue the interim moratorium on acceptance of new applications for subdivisions within the Lake Whatcom watershed? (Public hearing held) This moratorium applies to the division of land resulting in lots smaller than five acres. The interim ordinance was first passed at the 4/26/05 meeting, vote number 91; renewed at the 10/25/05 meeting, vote number 25; 4/25/06 meeting, vote number 97; 10/10/06 meeting, vote number 201 and 4/10/07 meeting, vote number 87. Interim ordinances must be renewed every six months. AB 2008-114 (Ordinance 2008-14) Adopted 5-2, Sam Crawford and Ward Nelson opposed.

64. Amend septic system inspection regulations? (Council acting as the board of health held a public hearing.) The state mandated that all septic systems must be evaluated and the council acting as the board of health approved regulations at the 11/21/06 meeting, vote number 239. Complaints from homeowners resulted in modifications to the original ordinance. After the first professional inspection, if a system is in working condition, homeowners can attend a training class and perform their own evaluations for the six years before another professional inspection is required. With a gravity system, a licensed inspection is required, then every nine years, with homeowners doing evaluations every three-years. Septic systems adjacent to watersheds will be first on the priority list. AB 2008-71 (Ordinance 2008-15) Adopted 5-2, Sam Crawford and Ward Nelson opposed.

65. Amend the 2008 budget (request #5) in the amount of $848,274? Appropriate: $41,341 to support 2008 emergency management due to loss of city of Bellingham funding; $16,616 to WSU county extension to coordinate and provide the strengthening families program for parents and youth; $58,439 for sheriff to purchase communication equipment relating to homeland security; $42,066 to partially fund a Ferndale detective and overtime for Washington State Patrol out of a state drug program grant; $5,000 to replace outdated equipment and needed items for the kitchen at the Roeder Home; $41,341 transfer from general fund to support emergency management (see first item); $44,175 in unspent 2007 emergency management grant to use for equipment and response plans to acts of terrorism; $600,000 to fund Lily Point acquisition; $40,637 to replace the Roeder Home roof and prevent water damage. AB 2008-127 (Ordinance 2008-16) Adopted 7-0


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