July 2008
Watching Government
Whatcom County Council
Compiled by League of Women Voters Council Watchers
Action Taken at May 6, 2008 Meeting
Shall the council:
87. Appoint five members to the Birch Bay Watershed and Aquatic Resources Management Committee? The County Council created the committee at the 3/25/08 meeting, vote number 56. Committee members will represent stakeholders within the Birch Bay watershed and will assist residents. Donald Imhof and Don Montfort are appointed for two years; T.K. Garman and Lesli Higginson for three years and Alan Friedlab for four years. (AB 2008-129A) Approved 7-0
88. Authorize the executive to enter into a $57,925 contact with Herrera Environmental Consultants of Seattle to monitor fecal coliform bacteria in tributaries draining into Portage Bay? The contract includes intensive water quality monitoring including analyzing data and preparing a final report in three priority watersheds (Kamm, Scott and Fishtrap) all draining into Portage Bay. The contract runs from 4/23/08 to 9/31/09. (AB 2008-178) Approved 7-0
89. Enter into a $90,000 contract with Bricklin, Newman, Dodd of Seattle to defend the county in petitions filed with the Western Washington Growth Management Hearings Board? The petitions are challenging Ordinance 2008-03 (passed at the 2/12/08 meeting, vote number 32) and Resolution 2008-07 (also passed at the 2/12/08 meeting, vote number 28). The contract commences on 5/6/08 and terminates on 8/31/08. (AB 2008-182A) Approved 5-2, Sam Crawford and Ward Nelson opposed.
90. Extend the preliminary plat approval for Governor Road — phase II? On 5/3/01, the council approved the preliminary plat for a 77-lot subdivision. The council approved extensions on 9/27/05 and 5/22/07. Another one-year extension is needed to resolve water service issues with the city of Bellingham. (AB 2008-184) Failed 3-4, Laurie Caskey-Schreiber, Seth Fleetwood, Bob Kelly and Carl Weimer opposed.
91. Authorize the executive to award the county legal notices contract to The Bellingham Herald? Since March of 1998, The Bellingham Herald — the only daily newspaper published in Whatcom County — has been designated a sole source, exempting it from formal bidding. Advertising rates for the first insertions will decrease 32 cents per column inch, from $11.66 last year to $11.34 this year. (AB 2008-192) Approved 7-0
92. Authorize the executive to accept a federal grant of $160,724 to support the prosecution of drug trafficking? The grant pays for a prosecutor, secretary and maintenance of the Aegis public safety software. The grant period runs from 1/1/08 to 12/31/09. (AB 2008-193) Approved 7-0
93. Approve the Lake Whatcom comprehensive stormwater plan? At the 8/8/06 meeting, vote number 166, the council voted to create a stormwater plan and at the 10/24/06 meeting, vote number 211, approved a contract to prepare the plan. It is now ready for approval, including solutions, a prioritized capital improvement plan and options for financing. It examines regulations, land-use practices and standards. There have been three public meetings, an extensive comment period and a SEPA review process. AB 2008-181 (Resolution 2008-36) Approved 7-0
94. Authorize the county to apply for state funding to purchase development rights? This item was submitted by to the council by mistake; it will be resubmitted at a later date. AB 2008-191 (Resolution 2008-37) Approved 7-0
Action Taken at May 20, 2008 Meeting
Shall the council:
95. Approve the expenditure of $35,000 for a video camera system? It will cost approximately $160,000 to outfit council chambers like the city of Bellingham. Instead, the council decided to purchase two cameras and a “studio in a box” live editing console. Three WWU students may be hired to help with production. (AB 2008-17) Approved 7-0
96. Authorize the executive to award four contracts — totaling $200,506 — associated with implementation of the Whatcom County Homeless Service Center? All four contracts are for homeless and low-income housing placement. Contracts awarded: a $60,535 contract to The Opportunity Council; a $54,923 contract to Catholic Community Services; a $52,675 contract to Lydia Place and a $32,373 contract to the NW Youth Services. (AB 2008-205/206/207/208) Approved 7-0
97. Authorize a study of cluster development standards in the rural forest zone? The planning commission reviewed the ordinance prohibiting lot clustering; it passed a motion suggesting that prohibiting clustering may be detrimental to forestry resources and recommending additional study. (AB 2008-211) Amended (word clarification) and approved 5-2, Ward Nelson and Barbara Brenner1 opposed.
98. Sell tax-title property by negotiation to the city of Nooksack? (Public hearing held) TR 2008-06, sell a Nooksack city lot for no less than taxes and costs of $1,047. The city of Nooksack will keep this unbuildable property in open space. The city may then work with the adjacent property owner. The council amended this resolution from sale by public auction to negotiation with the city of Nooksack. AB 2008-138A (Resolution 2008-38) Amended and approved 7-0
99. Sell tax-title property by negotiation to the city of Nooksack? (Public hearing held) TR 2008-07, sell a Nooksack city lot for no less than taxes and costs of $1,040. The city of Nooksack requested that the adjoining lot also be negotiated as in the previous vote. The council amended this resolution from sale by public auction to negotiation with the city of Nooksack. AB 2008-139A (Resolution 2008-39) Amended and approved 7-0
100. Authorize the executive to apply for a state grant to fund the purchase and develop 146 acres at Point Roberts? This application is to the Aquatic Lands Enhancement Program. This purchase is a collaborative effort with The Nature Conservancy for the remaining 54 acres of uplands and 92 acres of tidelands that are adjoining land that was purchased by the Whatcom Land Trust and donated to Whatcom County to be used as parkland. Local match for this grant will come from donations and other grant programs. AB 2008-203 (Resolution 2008-40) Approved 7-0
101. Authorize the executive to apply for a state grant to purchase and develop 146 acres at Point Roberts? This application is to the Washington Wildlife and Recreation Program. This purchase is a collaborative effort with The Nature Conservancy for the remaining 54 acres of uplands and 92 acres of tidelands that are adjoining land that was purchased by the Whatcom Land Trust and donated to Whatcom County to be used as parkland. Local match for this grant will come from donations and other grant programs. AB 2008-204 (Resolution 2008-41) Approved 7-0
102. Establish an “energy resource task force” to study and make recommendations in regard to the consequences of potential changes to the supply of energy resources on Whatcom County and the city of Bellingham? The 18-member committee will study transportation, food and agriculture, public services, energy and water, and community education and preparation. AB 2008-200b (Resolution 2008-42) Approved 7-0
103. Approve six open space applications?2 State law gives property relief to open space designations and it decreases conversion to nonrural use. The county planning commission received four applications for open space/open space and two applications for open space/timber. The council didn’t approve one open space/open space application. AB 2008-197 (Resolution 2008-43) Amended and approved 7-0
104. Approve four open space applications?3 State law gives property relief to open space designations and it decreases conversion to nonrural use. The county planning commission received three transfers from designated forest to applications for open space/timber and one application for open space farm and agriculture conservation. AB 2008-198 (Resolution 2008-44) Approved 7-0
105. Adopt the parks, recreation and open space plan? The plan provides guidance and direction to the Parks and Recreation Department for capital development, open space planning and updating of parks and trails through 2013. Council felt plans should be more fluid, but necessary to adopt now to take advantage of grants. AB 2008-213 (Resolution 2008-45) Amended and approved 7-0
106. Continue the interim moratorium removing the lot clustering provision from the rural forest district of the Whatcom County Code? (Public hearing held) An emergency moratorium was enacted at the 10/10/06 meeting, vote number 205; interim moratoriums were passed at the 11/21/06 meeting, vote number 240, 5/22/07 meeting, vote number 261 and the 11/20/07 meeting, vote number 260. Further council review will consider how to allow minimal development and encourage sustained use of forest resources. Present density is one dwelling unit per 20 acres. Interim ordinances must be renewed every six months. AB 2008-189 (Ordinance 2008-18) Adopted 6-1, Sam Crawford opposed.
107. Repeal the section of the county code which prohibits social card games in connection with a stimulant to business? (Public hearing held) This repeal will allow such games to be played in licensed card rooms and will place enforcement with the Washington State Gambling Commission. AB 2008-190 (Ordinance 2008-19) Approved 7-0
108. Amend the 2008 budget (request #6) in the amount of $1,040,180? Appropriate: $32,824 for a victim-witness legal assistant position in the Prosecuting Attorney’s office; $100,000 for attorney fees to defend the Urban Growth Area challenge (see vote 89); $14,646 for the Tennant Lake environmental education program; $10,000 to partially fund a victim-witness position; $601,786 for various flood control projects; $251,124 to fund additional ferry equipment rentals; $29,800 to fund the shop crew leader retirement cashout. AB 2008-195 (Ordinance 2008-20) Adopted 6-1, Bob Kelly opposed.
109. Define “indigent” for the Veterans’ Assistance Fund? The state of Washington requires the definition to determine veterans’ eligibility for services and programs. “Indigent” is a person who receives certain types of public assistance, whose annual income is, after taxes, 150 percent or less than the currently federally established poverty level and determined to be unable to pay for reasonable costs of shelter, food, utilities and transportation. AB 2008-196 (Ordinance 2008-21) Approved 7-0
1From Barbara Brenner: I voted to oppose the study because cluster development has already proven problematic in agricultural land and the same problems occur in forestry land. There are usual and common resource lands practices that some people consider nuisances. When people are located far apart there is much less chance of complaints against these legal and environmental practices than when they are in a group/cluster. Also, there is less chance that all lots will be developed without cluster provisions than with cluster provisions because some of the lots likely won’t find water or they may have other problems. With cluster, they will all be developed and urban development will be created in a very rural setting. That also causes pressure for more development.
2Open space/open space: John/Jane Aspnes, 2778 Murphy Place, 6 acres with public access; Mike/Anna Larsen, 1009 Bellinger Road, 12.5 acres with public access: Whatcom Land Trust, 8200 block of Northwood Road, 1.3 acres, no public access due to impacts to Coho salmon. Open Space/timber: Branham/Laura Morrow, 1500 block of Kelly Road, 8.8 acres; Chris/Patricia Jewett, 2865 Colebrook Lane, 12.2 acres. Council needs further information before approving Bander/Mirand, 1841 E. Smith Road, 3.2 acres with no public access.
3One open space/farm and agriculture conservation: Lisa Christianson, 2735 East Badger Road, 13.8 acres with public access. Transfer three applications from designated forest to open space/timber: Robert/Marilyn McBeath, 6000 block of Everson Goshen Road, 13.3 acres; Erin Baumgart, 4200 block of Blizzard Road, 10 acres: Henry Baumgart, 4200 block Blizzard Road, 5 acres.
