September 2008
Watching Government
Whatcom County Council
Compiled by League of Women Voters Council Watchers
Action Taken at July 8, 2008 Meeting
Shall the council:
120. Consider a petition to vacate a portion of Willow Street in Birch Bay Park? (Public hearing held) Stephen Glenn applied for the vacation (approximately 8,000 square feet) to extend the boundaries of his property. A county engineer recommended against the vacation and neighbors testified that there is a need to protect and maintain corridors to Terrell Creek and access to shoreline area. (AB 2008-105A) Failed 2-4, Barbara Brenner,1 Laurie Caskey-Schreiber, Bob Kelly and Seth Fleetwood opposed, Carl Weimer absent.
121. Authorize the executive to enter into an agreement (amendment #14) with the city of Bellingham concerning annexation within the city’s Urban Growth Area? The 1997 agreement was last amended at the 11/7/07 meeting, vote number 235, and is set to expire on 7/15/08. This amendment will extend the agreement to 1/31/09. (AB 2008-171A) Approved 6-0, Carl Weimer absent.
122. Adopt a biennial budget process? Whatcom County voters on 11/4/97 approved a biennial budget cycle with a mid-biennium review to provide better long-range planning and more efficiency in staff time. Agenda Bill 2008-244A (vote number 135) was introduced first; it failed 3-3. This agenda bill (AB 2004-244) was introduced, it initially passed and in a second vote failed. Agenda Bill 2008-244A (vote number 135) was voted on again and it passed. (AB 2008-244) A motion to adopt was approved 4-2, Barbara Brenner and Bob Kelly opposed and then a motion to vacate the adoption was approved 4-2, Sam Crawford and Ward Nelson opposed, Carl Weimer absent.
123. Authorize the executive to accept a $75,000 grant from the Northwest Clean Air Agency to replace a 20,000-gallon underground storage tank? The county plans on converting its vehicle fleet to biodiesel and the tank will hold the fuel. (AB 2008-251) Approved 6-0, Carl Weimer absent.
124. Authorize the executive to sign two contracts for the replacement of bridge #245 over Scott’s Ditch on the Hannegan Road? A two-span bridge will be replaced with a one-span bridge. An $82,813 contract with Otak, Inc. of Kirkland is for design of the bridge, and a $23,600 contract with GeoEngineers of Bellingham is for geotechnical engineering. (AB 2008-254/255) Approved 6-0, Carl Weimer absent.
125. Authorize the executive to accept a $25,000 state grant (amendment #1) for the Northwest Straits Project? The additional funds will be used for the Chuckanut Village marsh restoration design and permitting and water quality monitoring of the clam enhancement project at Drayton Harbor, Birch Bay and Chuckanut Bay. The original $184,000 grant was approved at the 7/10/07 meeting, vote number 138. The total revised grant is $209,000. (AB 2008-256) Approved 6-0, Carl Weimer absent.
126. Authorize the executive to accept a $30,000 federal grant for the maintenance of two climatological data collection stations? The stations assist the county in developing a strategy for response to flooding and provide notice of impending flooding. (AB 2008-257) Approved 6-0, Carl Weimer absent.
127. Authorize the executive to enter into a $22,500 amended contract with Sun Community Services of Bellingham to provide four beds for mentally ill offenders? The original contract for $90,000 was approved at the 3/27/07 meeting, vote number 72. This amendment extends the contract to 12/31/08 and the total contract to $177,000. (AB 2008-258) Approved 6-0, Carl Weimer absent.
128. Authorize the executive accept a federal grant of $124,255 to pay the partial wages of three detectives? All three detectives are working with the Northwest Regional Drug Task Force to apprehend drug dealers and prevent other illegal drug activity. One detective is from the county and two are from the cities of Bellingham and Ferndale. The contract runs from 7/1/08 through 6/30/09; the county will provide $41,418 or 25 percent of the total cost. (AB 2008-259) Approved 6-0, Carl Weimer absent.
129. Appoint two council members to the Regional Planning Forum? The forum will review countywide planning policies, population growth allocations for Urban Growth Area review and other regional planning issues. (AB 2008-267) Sam Crawford and Seth Fleetwood were appointed.
130. Authorize the executive to award the low bid of $184,085 to Granite Northwest of Watsonville, Calif., (doing business at Wilder Construction of Everett) for the Espana Estates subdivision overlay? The project includes asphalt grinding, pavement repair and paving the entire subdivision due to deteriorating asphalt and high residential density. The subdivision is on Cottonwood Avenue near Bennett and McAlpine. The work was advertised and three bids were received. AB 2009-252 (Resolution 2008-46) Approved 6-0, Carl Weimer absent.
131. Adopt the 2008 salary schedule and policies for unrepresented Whatcom County employees? AB 2008-121B (Resolution 2008-47) Approved 6-0, Carl Weimer absent.
132. Repeal the Water Conservancy Board? (Public hearing held) The Washington State Department of Ecology petitioned the council to dissolve this board due to an inability to perform its functions. The serving commissioners demonstrated no interest in maintaining the continued education needed to take action on water right change applications. AB 2008-199A (Ordinance 2008-23) Approved 6-0, Carl Weimer absent.
133. Establish a construction fund for the regional resource center in the Kendall area? The resource center will provide early childhood education, family support and health services. AB 2008-239 (Ordinance 2008-24) Approved 6-0, Carl Weimer absent.
134. Appropriate $150,000 for the regional resource center site planning and a traffic study? The total cost of the resource center is estimated at $5 million to $7 million. State and federal grants for $2,723,750 have been received and county funds of $1,250,000 have been set-aside for the community building, with additional funding to be found. AB 2008-240 (Ordinance 2008-25) Approved 6-0, Carl Weimer absent.
135. Adopt a biennial budget process? This agenda bill was introduced first, it failed 3-3. Vote number 122 was then introduced and it ended up failing. This agenda bill requires the county executive to prepare the budget by the third week in October of the first year — any proposed modifications to be effective the next January 1 — and shall be available to the press and county residents. The council may consider these and any other modifications they deem necessary. A public hearing will be held in November. At such hearing the council may consider adopting the budget. AB 2008-244A (Ordinance 2008-26) Adopted 5-1, Sam Crawford opposed, Carl Weimer absent.
1From Barbara Brenner: I opposed the vacation because the existing county easement — it is not a road — could provide foot or bicycle access or stormwater retention/detention areas in the future. We are only supposed to vacate county easements if the applicant can prove there could be no future use for the easement. It is not legally the responsibility of the county to prove there will be a use. We have given up easements in the past that we have regretted. Since we have so many more mandates for protecting the environment it is important we use as many easements to fulfill those mandates as possible. Otherwise it will cost the taxpayers more in the future to purchase more easements.
Action Taken at July 15, 2008 Special Meeting
Shall the council:
136. Declare its intention to create a stormwater utility and request the county executive investigate the geographic scope of the utility and funding options? The council desires to explore options for providing stormwater services in Whatcom County. At the 5/6/08 meeting, vote number 93, the council passed the Lake Whatcom comprehensive stormwater plan. The plan calls for the reduction of stormwater runoff in the Lake Whatcom watershed. AB 2008-283 (Resolution 2008-48) Approved 6-0, Sam Crawford absent.
Action Taken at July 22, 2008 Meeting
Shall the council:
137. Authorize the executive to accept a $190,000 state grant for assistance with the Swift Creek project? (Council acting as the board of supervisors of the flood control zone held a public hearing.) The state grant provides about half the cost of dealing with flooding and the potential release of asbestos-containing sediment. At the 6/17/08 meeting, vote number 118, a contract was approved for the Swift Creek work. (AB 2008-275) Approved 7-0
138. Authorize the executive to accept a $808,000 federal grant for levee rehabilitation work? The U.S. Army Corps of Engineers will pay 80 percent of the costs to repair a Deming levee damaged in December 2007. Diking District #2 and the Nooksack Indian Tribe will share the remaining 20 percent. The grant expires on l2/31/09. (AB 2008-276) Approved 7-0
139. Authorize the executive to sign federal documents providing $700,000 to remap the Nooksack River floodplain? Remapping includes the Lower Nooksack and South Fork Rivers and refinement of floodplain for North and Middle Forks of the Nooksack River. Total cost is estimated at $838,000, with county staff time requiring $108,000 in local funds. (AB 2008-277) Approved 7-0
140. Establish a funding mechanism for the Birch Bay Watersheds and Aquatic Resources Management District services and programs? (Council acting as the board of supervisors of the flood control zone held a public hearing.) The revenue will minimize water degradation, protect aquifers and prevent siltation and erosion of the waterways while protecting public health and safety. Undeveloped land will not be charged. The appointment of a five-person advisory committee is recommended, which will represent the interests of those who pay for the watershed programs. AB 2008-260 (Resolution 2008-49) Approved 6-1, Barbara Brenner2 opposed.
141. Authorize fees and establish rates for the Birch Bay Watershed and Aquatic Resources Management District? Council acting as the board of supervisors of the flood control zone. (Public hearing held) The fees are needed to implement the Birch Bay Comprehensive Stormwater Plan. The council at the 11/8/06 meeting, vote number 223, approved the stormwater plan. Fees will be charged beginning in 2009. AB 2008-260A (Resolution 2008-50) Approved 6-1, Sam Crawford opposed.
142. Exchange gravel pits with the Washington State Department of Transportation? (Public hearing held) The state agrees to exchange its Willeys Lake Road gravel pit for the county’s Northwood/Badger Road gravel pit. Both pits are approximately five acres. The state gravel pit, southwest of Lynden, appraised at $240,000, hasn’t been used for 30 years and is forested. The county gravel pit, northeast of Lynden, is on a state highway and appraised at $176,000. AB 2008-266 (Resolution 2008-51) Approved 7-0
143. Amend the comprehensive plan for the Evergreen Water-Sewer District to allow the district to install and maintain street lighting in the Paradise Lakes area? District residents will be billed for the installation and maintenance of the street lighting. AB 2008-269A (Resolution 2008-52) Approved 7-0
144. Increase the sales tax by one-tenth of 1 percent to provide mental health and substance abuse treatment in Whatcom County? (Public hearing held) Many persons fill the jails and emergency rooms at great expense to the county because of the lack of money and facilities for help and rehabilitation. The tax would expand treatment services, prevention and intervention and the drug and mental health court. The tax would add 10 cents to every $100 in sales and generate approximately $3.6 million per year. AB 2008-247 (Ordinance 2008-27) Adopted 4-3, Barbara Brenner,3 Bob Kelly and Ward Nelson opposed.
145. Amend the 2008 budget (request #8) in the amount of $516,268? Donation: $95,0004 for the caretaker’s house at the Nesset Farm. Appropriate: $38,157 for a workstation remodel in the treasurer’s office; $20,000 to hire a Lake Whatcom watershed manager beginning in early fall 2008; $36,093 to complete a HVAC system in the main jail; $240,945 to the sheriff’s office division of emergency management;5 $50,000 to the Whatcom Land Trust6 for the Lily Point acquisition; $36,093 for the jail fund (see above) to complete HVAC system retrofit. AB 2008-265 (Ordinance 2008-28) Approved 7-0
146. Add an additional member to the Bellingham/Whatcom County Commission Against Domestic Violence? A second member from the state Department of Social and Health Services will be added; one member will be from the Community Service Office and the second from the Division of Children and Family Services. The commission will increase to 28 members. AB 2008-264 (Ordinance 2008-29) Approved 7-0
2From Barbara Brenner: I opposed the funding mechanism for the Birch Bay Watershed and Aquatic Resources Management District because the mechanism provides little incentive for individual property owners to reduce/eliminate their own contribution to stormwater runoff problems. Property owners who reduce or eliminate stormwater problems do not receive a comparable reduction/exemption in the fee. A fee is for service. A tax is for overall public good. Although this is claimed to be a fee, it isn’t directly based on services for individual lots. We will get much more bang for our dollars and more people will become part of the solution if we provide more personal options in addition to just forcing them to pay government (funding district) to fix it.
3From Barbara Brenner: I opposed the tax increase because the council has never just passed a tax without first looking at our existing budget. Our first in-depth look at our budget in two years (we are on a biennial budget cycle) was scheduled for this fall. Some mental health services are basic health services, belonging within our budget instead of as a specialty tax increase. Unfortunately there was a very concerted effort to promote this vote as good vs. evil. It polarized residents on an issue needing community understanding and support to ever make enough needed changes in our mental health system.
4A donation from the Nesset Foundation.
5For details, see the 6/17/08 meeting, vote numbers 114 and 115.
6The Whatcom Land Trust will provide stewardship.
