March 2009
Watching Government
Whatcom County Council
Compiled by League of Women Voters Council Watchers
Action Taken at January 13, 2009 Meeting
Shall the council:
1. Authorize the executive to sign a contract not exceeding $505,419 with the Whatcom Humane Society to provide animal control services from 1/1/09 through 12/31/09? Included are services such as the board and care of large and small animals, veterinarian expenses, enforcement of county ordinances, emergency complaints and adoption of unclaimed animals. The contract runs from 1/1/09 to 12/31/09. (AB 2009-33) Approved 5-2, Ward Nelson and Sam Crawford opposed.
2. Authorize the executive to sign a lease with the Whatcom Humane Society for 1661 Baker Creek Place? The county- owned facility will be rented to the humane society for $10. The contract runs from 1/1/09 to 12/31/09. (AB 2009-34) Approved 5-2, Ward Nelson and Sam Crawford opposed.
3. Authorize the executive to sign contracts for $140,000 to purchase road maintenance products? The contracts include: $50,000 to UPA Timberland/Wilbur Ellis Company for herbicides; $50,000 to Coral Sales for guardrails and installation materials; $40,000 to eight vendors for rubberized asphalt. (AB 2009-37/38/39) Approved 7-0
4. Authorize the executive to sign an agreement (amendment #16) with the city of Bellingham concerning annexation and development within the Bellingham Urban Growth Area? The city of Bellingham is considering several annexations which could cause a financial impact to the county. The county will be reimbursed for infrastructure improvements upon annexation. This amendment will extend the duration of the agreement to 12/31/09. (AB 2009-41) Approved 7-0
5. Authorize the executive to sign a $29,000 contract with the Bellingham Whatcom County Chamber of Commerce and Industry for promotion of the Ski to Sea festival? The Ski to Sea race attracts over 3,200 participants from 27 states and three countries. The money comes from the hotel/motel tax; it will be used for promotion outside Whatcom County. The contract runs from 1/1/09 through 12/31/09. (AB 2009-44) Approved 7-0
6. Authorize the executive to sign a $54,750 contract with the Mt. Baker Foothills Chamber of Commerce in Glacier to promote tourism in the Mt. Baker corridor? The money will be used for their visitors center, staffing, rent, utilities, advertising and tourism promotion. The funding comes from convention center funds. The contract runs from 1/1/09 through 12/31/09. (AB 2009-45) Approved 7-0
7. Authorize the executive to sign a $165,600 contract with Bellingham-Whatcom County Tourism to promote tourism? The agency will be responsible for sustaining and increasing a competitive tourism program that attracts more visitors and tour groups, and encourages them to remain in the area longer, thereby improving the local economy. This contract is a $13,100 increase over the 2008 contract (12/4/07 meeting, vote number 277). The contract runs from 1/1/09 through 12/31/09. (AB 2009-49) Approved 7-0
8. Authorize the executive to sign an agreement with the flood control district and diking district #2 for repair of the Lee Levee near Nugent’s Corner? (Council acting as the Whatcom Flood Control District board of supervisors) (AB 2009-72) Approved 7-0
9. Vacate a portion of Johnson Road in Point Roberts? (Public hearing held) At the 9/9/08 meeting, vote number 173, the council voted to consider a petition submitted by Glen Wood and signed by five property owners. The county engineer’s office approved the vacation except for the eastern 20 by 30 feet, which will allow James Road to expand to a required 60-foot width. The unused right-of-way contains 6,008 square feet at an estimated value of $3,785. AB 2008-392 (Resolution 2009-01) Approved 7-0
10. Cancel uncollectible personal property taxes totaling $9,768? The treasurer has been unable to collect tax on 16 mobile homes ($2,103) and on equipment and machinery for eight businesses ($7,665). AB 2009-35 (Resolution 2009-02) Approved 7-0
11. Consider a petition to vacate a portion of Saxon Road? This vote also approves an agreement between Whatcom County, the Lummi Nation and the Whatcom Land Trust to relocate a portion of Saxon Road to improve fish habitat. The Lummi Nation and others submitted a vacation petition on 12/15/08. This vote initiates a county engineering report on the proposed vacation. AB 2009-51 (Resolution 2009-03) Approved 7-0
12. Approve three open space1 applications? Property with open space designation receives tax relief and the designation decreases conversion to nonrural uses. The county planning commission received three applications and recommended the council approve all of them. One application is for open space farm and agriculture conservation classification and two applications are for open space timber classification. AB 2009-53 (Resolution 2009-04) Approved 7-0
13. Approve amendment #3 of the Birch Bay Water and Sewer District comprehensive sewer system plan? The amendment has been approved by the state Department of Ecology, the county health and public works departments. The updated plan provides domestic wastewater service to the BP refinery at Cherry Point. AB 2009-30 (Resolution 2009-05) Approved 7-0
14. Increase the District Court petty cash fund by $200? A petty cash fund of $450 will insure that there is sufficient change for customers paying fees and fines. AB 2008-450 (Ordinance 2009-01) Approved 7-0
Action Taken at January 27, 2009 Meeting
Shall the council:
15. Authorize the executive to sign a $20,000 contract with Sustainable Connections of Bellingham to support green building and resource conservation outreach services? The project supports outreach education efforts to increase “green” building and the use of energy efficient technologies in the county. The contract runs from 2/1/09 through 12/31/09. (AB 2009-79) Approved 7-0
16. Authorize the executive to sign a $415,000 contract with seven attorneys2 to provide representation for all indigent parties in juvenile dependency cases? The Public Defenders office lost the two staff attorneys handling juvenile dependency clients so it was decided to use outside attorneys. The group of attorneys will take all pending Public Defender and conflict cases. The contract runs from 2/1/09 through 12/31/09. (AB 2009-80) Approved 7-0
17. Authorize the executive to sign a $76,360 contract with Bennett Engineering of Bellingham to monitor the Cedarville and Y Road landfills? The company will provide ground and surface water sampling, gas monitoring, quarterly reports and a final report. The contract runs from 1/1/09 through 12/31/09. (AB 2009-81) Approved 7-0
18. Authorize the executive to sign an agreement with the city of Bellingham for phase two of the Chuckanut Village Marsh Restoration Project? The county will contribute $20,000 for phase two; the funds are from grants. The project is located at the head of Chuckanut Bay and includes a final restoration plan and permitting. (2009-82) Approved 7-0
19. Authorize the executive to sign a $29,689 contract with Tetra Tech of Stanwood, to automate the Birch Bay Watershed and Aquatic Resources Management district billing process? (Council acting as the flood control district board of supervisors) The company will develop administrative support software to display assessed fees on individual parcels and reduce repetitive labor tasks. The contract expires on 12/31/09. ( AB 2009-83) Approved 6-1, Barbara Brenner3 opposed.
20. Authorize the executive to sign a $26,400 contract with Geneva Consulting of Bellingham to continue the phase four implementation work for the WRIA 1 Watershed Management Program? The purpose of WRIA 1 is to develop locally based management of available water resources. A detailed implementation plan was approved 7/24/07 meeting, vote number 156. The consultants will work with staff to broaden the long-term monitoring program by coordinating with salmon recovery and data gathering programs, provide educational materials and outreach and evaluate water resources issues. (AB 2009-84) Approved 7-0
21. Authorize the executive to accept a $37,800 state grant (amendment #4) for phase four implementation work of the WRIA 1 Watershed Management Program? This amendment extends the expiration date of the detailed implementation plan to June 2009. This amendment brings the total state grant to $137,800. (AB 2009-85) Approved 7-0
22. Authorize the executive to sign a $105,001 contract with Stewart + King Architects of Bellingham for civic center annex renovations? The work on the basement, lst floor and 3rd floor will include architectural, mechanical and electrical repairs. The contract expires on 12/31/09. (AB 2009-86) Approved 7-0
23. Extend flood control funding for the Acme/VanZandt subzone AB 2009-59 (Resolution 2009-06), Sumas/Nooksack/Everson subzone AB 2009-60 (Resolution 2009-07) and the Lynden/Everson subzone AB 2009-61 (Resolution 2009-08)? (Public hearing held) (council acting as the board of supervisors of the flood control district.) This vote exempts all parcels with a total fair market value of less than or equal to $2,500, owned by the federal government, Indian lands held in trust, classified as mineral rights and state land classified as bedlands or tidelands. Approved 7-0
24. Accept the Whatcom County Treasurer’s list of property tax refunds totaling $721,650? The refunds are for senior exemptions, tax status changes, errors and destroyed property. AB 2009-78 (Resolution 2009-09) Approved 7-0
25. Set February 10 as the public hearing date to authorize the sale of surplus county property? The surplus property includes 20 vehicles, three dump trucks, 13 kayaks, six canoes and other assorted items. AB 2009-87 (Resolution 2009-10) Approved 7-0
26. Consider a petition to vacate a portion of Grandview Road? Ron Bennett submitted a petition on 10/31/08 for the vacation of 9,660 square feet of Grandview right-of-way that dead ends at the I-5 off ramp, north of Ferndale. The county estimates the value of the property at $32,264. This vote initiates a county engineering report on the proposed vacation. AB 2009-93 (Resolution 2009-11) Approved 7-0
27. Amend the Agricultural Advisory Committee language? The committee was created at the 7/24/01 meeting, vote number 128. The purpose of the proposed changes is to improve the effectiveness of the committee. AB 2009-67 (Ordinance 2009-02) Approved 7-0
28. Amend the 2009 budget (request #1) in the amount of $279,224? Appropriate: $5,749 to fund a caretaker position at the Nesset Farm; $22,012 to fund the methamphetamine initiative; $30,000 to automate Birch Bay stormwater billing. Reappropriate: $221,463 in emergency management funds for homeland security. AB 2009-62 (Ordinance 2009-03) Approved 7-0
29. Add transportation concurrency management to the county code? An interim ordinance was first adopted at the 12/5/06 meeting, vote number 249 and continued four times. This ordinance ensures that adequate transportation facilities are available or provide concurrency with new development. This final version changes the exemption threshold from five to 10 one-way weekday afternoon peak hour trips which would exempt short plats and small commercial use from the required traffic study on the impacts of new development on congestion. AB 2009-66 (Ordinance 2009-04) Approved 7-0
30. Install temporary stop signs and weight restrictions on Emerald Lake Way? A landslide on 1/9/09 removed 80 feet of the north shoulder and closed the road. It will open as a one-lane roadway with stop signs and five-ton weight restrictions until repaired. A large amount of groundwater is running through the slide so the area is not repairable until the site dries out, which may be late spring or summer. AB 2009-92 (Ordinance 2009-05) Approved 7-0
31. Amend the county code on school impact fees? State law authorizes counties to impose impact fees on development to insure that adequate schools are available. The impact fees only pay for costs created by the development. This amendment modifies the ordinance passed at the 11/20/07 meeting, vote number 263, and adds the definition of low-income housing. AB 2009-63 (Ordinance 2009-06) Approved 7-0
1Open space farm and agriculture conservation classification: Loren and Patricia Loop, 12.8 acres in the 1000 block of Birch Bay-Lynden Road. Open space timber classification: Michael Morberg, 9.6 acres in the 9000 block of Sunrise Road near Custer; Gerald and Marilyn Peterson, 13.5 acres in the 1200 block of East Kelly Road.
2Jennifer Tepker, Scott Choate, David Hunter, Bob Baird-Levine, Margaret Mawson, R. Scott Mawson and Geraldine Coleman.
Action Taken at January 27, 2009 Meeting
Shall the council:
15. Authorize the executive to sign a $20,000 contract with Sustainable Connections of Bellingham to support green building and resource conservation outreach services? The project supports outreach education efforts to increase “green” building and the use of energy efficient technologies in the county. The contract runs from 2/1/09 through 12/31/09. (AB 2009-79) Approved 7-0
16. Authorize the executive to sign a $415,000 contract with seven attorneys2 to provide representation for all indigent parties in juvenile dependency cases? The Public Defenders office lost the two staff attorneys handling juvenile dependency clients so it was decided to use outside attorneys. The group of attorneys will take all pending Public Defender and conflict cases. The contract runs from 2/1/09 through 12/31/09. (AB 2009-80) Approved 7-0
17. Authorize the executive to sign a $76,360 contract with Bennett Engineering of Bellingham to monitor the Cedarville and Y Road landfills? The company will provide ground and surface water sampling, gas monitoring, quarterly reports and a final report. The contract runs from 1/1/09 through 12/31/09. (AB 2009-81) Approved 7-0
18. Authorize the executive to sign an agreement with the city of Bellingham for phase two of the Chuckanut Village Marsh Restoration Project? The county will contribute $20,000 for phase two; the funds are from grants. The project is located at the head of Chuckanut Bay and includes a final restoration plan and permitting. (2009-82) Approved 7-0
19. Authorize the executive to sign a $29,689 contract with Tetra Tech of Stanwood, to automate the Birch Bay Watershed and Aquatic Resources Management district billing process? (Council acting as the flood control district board of supervisors) The company will develop administrative support software to display assessed fees on individual parcels and reduce repetitive labor tasks. The contract expires on 12/31/09. ( AB 2009-83) Approved 6-1, Barbara Brenner3 opposed.
20. Authorize the executive to sign a $26,400 contract with Geneva Consulting of Bellingham to continue the phase four implementation work for the WRIA 1 Watershed Management Program? The purpose of WRIA 1 is to develop locally based management of available water resources. A detailed implementation plan was approved 7/24/07 meeting, vote number 156. The consultants will work with staff to broaden the long-term monitoring program by coordinating with salmon recovery and data gathering programs, provide educational materials and outreach and evaluate water resources issues. (AB 2009-84) Approved 7-0
21. Authorize the executive to accept a $37,800 state grant (amendment #4) for phase four implementation work of the WRIA 1 Watershed Management Program? This amendment extends the expiration date of the detailed implementation plan to June 2009. This amendment brings the total state grant to $137,800. (AB 2009-85) Approved 7-0
22. Authorize the executive to sign a $105,001 contract with Stewart + King Architects of Bellingham for civic center annex renovations? The work on the basement, lst floor and 3rd floor will include architectural, mechanical and electrical repairs. The contract expires on 12/31/09. (AB 2009-86) Approved 7-0
23. Extend flood control funding for the Acme/VanZandt subzone AB 2009-59 (Resolution 2009-06), Sumas/Nooksack/Everson subzone AB 2009-60 (Resolution 2009-07) and the Lynden/Everson subzone AB 2009-61 (Resolution 2009-08)? (Public hearing held) (council acting as the board of supervisors of the flood control district.) This vote exempts all parcels with a total fair market value of less than or equal to $2,500, owned by the federal government, Indian lands held in trust, classified as mineral rights and state land classified as bedlands or tidelands. Approved 7-0
24. Accept the Whatcom County Treasurer’s list of property tax refunds totaling $721,650? The refunds are for senior exemptions, tax status changes, errors and destroyed property. AB 2009-78 (Resolution 2009-09) Approved 7-0
25. Set February 10 as the public hearing date to authorize the sale of surplus county property? The surplus property includes 20 vehicles, three dump trucks, 13 kayaks, six canoes and other assorted items. AB 2009-87 (Resolution 2009-10) Approved 7-0
26. Consider a petition to vacate a portion of Grandview Road? Ron Bennett submitted a petition on 10/31/08 for the vacation of 9,660 square feet of Grandview right-of-way that dead ends at the I-5 off ramp, north of Ferndale. The county estimates the value of the property at $32,264. This vote initiates a county engineering report on the proposed vacation. AB 2009-93 (Resolution 2009-11) Approved 7-0
27. Amend the Agricultural Advisory Committee language? The committee was created at the 7/24/01 meeting, vote number 128. The purpose of the proposed changes is to improve the effectiveness of the committee. AB 2009-67 (Ordinance 2009-02) Approved 7-0
28. Amend the 2009 budget (request #1) in the amount of $279,224? Appropriate: $5,749 to fund a caretaker position at the Nesset Farm; $22,012 to fund the methamphetamine initiative; $30,000 to automate Birch Bay stormwater billing. Reappropriate: $221,463 in emergency management funds for homeland security. AB 2009-62 (Ordinance 2009-03) Approved 7-0
29. Add transportation concurrency management to the county code? An interim ordinance was first adopted at the 12/5/06 meeting, vote number 249 and continued four times. This ordinance ensures that adequate transportation facilities are available or provide concurrency with new development. This final version changes the exemption threshold from five to 10 one-way weekday afternoon peak hour trips which would exempt short plats and small commercial use from the required traffic study on the impacts of new development on congestion. AB 2009-66 (Ordinance 2009-04) Approved 7-0
30. Install temporary stop signs and weight restrictions on Emerald Lake Way? A landslide on 1/9/09 removed 80 feet of the north shoulder and closed the road. It will open as a one-lane roadway with stop signs and five-ton weight restrictions until repaired. A large amount of groundwater is running through the slide so the area is not repairable until the site dries out, which may be late spring or summer. AB 2009-92 (Ordinance 2009-05) Approved 7-0
31. Amend the county code on school impact fees? State law authorizes counties to impose impact fees on development to insure that adequate schools are available. The impact fees only pay for costs created by the development. This amendment modifies the ordinance passed at the 11/20/07 meeting, vote number 263, and adds the definition of low-income housing. AB 2009-63 (Ordinance 2009-06) Approved 7-0
3From Barbara Brenner: I originally opposed the contract with Tetra Tech because I believed the requested software would have to be replaced to create an incentive program (to allow residents reduction/exemption of fee for reducing/eliminating stormwater runoff from their individual properties). I want such an incentive program and won’t support the fees without it. After the vote, staff stated it would not require more software costs to include an incentive program. Because of this information I requested a reconsideration of the vote so I could support the motion. My request failed.
Action Taken at February 10, 2009 Meeting
Shall the council:
32. Authorize the sale of surplus county property by public auction? (Public hearing held) The surplus property includes 20 vehicles, three dump trucks, 13 kayaks, six canoes and one boat trailer. AB 2009-87A (Resolution 2009-12) Approved 6-0, Bob Kelly absent.
33. Authorize the executive to sign an agreement with the state of Washington for maintenance and operation of cooperatively managed lands? Under this agreement, Pine and Cedar lakes, Tennant Lake and the boat launch at Hovander Hempstead Park will be consolidated under one document, the terms renewed and continue to be co-managed by the county parks and recreation department and the state Department of Fish and Wildlife. The agreement expires on 1/1/11. (AB 2009-105) Approved 6-0, Bob Kelly absent.
34. Amend land division regulations? The amendments will insure conformity with other county ordinances relating to boundary line adjustments and clarity regarding land division vesting without any changes in the provisions. AB 2008-404A (Ordinance 2009-07) Approved 6-0, Bob Kelly absent.
