June 2009
Watching Government
Whatcom County Council
Compiled by League of Women Voters Council Watchers
Action Taken at April 14, 2009 Meeting
Shall the council:
78. Uphold the Whatcom County Hearing Examiner’s decision on sewer service to North Shore Estates? The North Shore Estates consists of 28 lots on 48 acres located on the north side of North Shore Drive approximately 1,300 feet east of the Bellingham city limits. On 4/8/08, the developers (Uy Family Limited Partnership, Springland Company and Whatcom Lands, Inc.) signed an agreement with the Lake Whatcom Water and Sewer District to connect the development to the district’s sewer line. The city of Bellingham requested the county hearing examiner rule the agreement between the developer and the sewer district invalid. The hearing examiner ruled he didn’t have the jurisdiction to determine if the agreement was valid. At the 1/26/09 meeting, vote number 12, the City Council voted to appeal the decision to the County Council. Losing the County Council decision, the City Council voted at the 5/4/09 meeting to appeal the decision to Whatcom County Superior Court. (AB 2009-100) Approved 7-0
79. Authorize the executive to sign an agreement with the Whatcom Conservation District for a small farm cost-share project in the Drayton Harbor Shellfish Protection District? Reduction of bacteria from agricultural practices is a high priority in the shellfish protection district. This pilot project will provide financial incentives to landowners to reduce animal access to surface water. (AB 2009-190) Approved 7-0
80. Authorize the executive to sign a lease with Jim Snydar for Hovander Homestead Park? Mr. Snydar will pay the county $3,000 to lease 80 acres; he first leased the property in 2006. He will grow a mix of grass crops as well as providing 80 bales of hay for the fall festival at the park. The lease runs from 4/1/09 to 12/31/09. (AB 2009-191) Approved 7-0
81. Authorize the executive to sign a lease with Jeff Rainey of Coldstream Farm for the “East Acme Farm?” Mr. Rainey will pay the county $6,400 to lease 64 acres of parks and recreation property; he will cut the grass and the hay crop. The lease runs from 4/1/09 to 12/31/09. The public has limited access to the fields. (AB 2009-192) Approved 7-0
82. Authorize the executive to sign a $33,000 contract (amendment 3) with Wilson Engineering of Bellingham for the chinook salmon restoration project? (Council acting as the flood control district board of supervisors) The restoration project addresses a one-quarter mile long section of eroding riverbank along the South Fork of the Nooksack River near Acme. The original $86,000 contract was approved at the 4/10/07 meeting, vote number 81, and a $40,000 amendment was approved at the 11/25/08 meeting, vote number 229. The January 2009 flood required modifications to the contract. The state will fund 85 percent of the amended contract with a 15 per cent match from the county flood control district. This amendment brings the total contract to $159,000. (AB 2009-198) Approved 7-0
83. Authorize the executive to apply for a $21,000 state grant on behalf of the Whatcom Land Trust for the acquisition of five acres of wetlands on the Samish River? The county will serve as the local government applicant and pass the funds through to the land trust who will pay all acquisition expenses. The property adjoins the land trust’s 120-acre Samish River preserve that provides critical habitat for fish and wildlife. (AB 2009-200) Approved 7-0
84. Approve modifications to the parks, recreation and open space plan? (Public hearing held) The plan was originally approved at the 5/20/08 meeting, vote number 105; it provides guidance and direction to the parks and recreation department for capital development, open space planning and the updating of parks and trails through 2013. This amendment corrects technical errors, property ownership and land-use changes. AB 2009-184 (Resolution 2009-26) Approved 7-0
85. Amend the rules governing membership, vacancies and meetings of the flood control district advisory committee? (Council acting as flood control district board of supervisors.) The advisory committee shall consist of two members representing cities impacted by flooding, two members representing special flood control districts, one member from each Indian tribe, nine members representing diverse flood control district interests and one non-voting ex officio member from the board of supervisors. Vacancies are to be filled by the board of supervisors. The advisory committee shall meet at least every three months. AB 2009-186 (Resolution 2009-27) Approved 7-0
86. Create a deadline for “mini-initiative” petitions? (Public hearing held) “Mini-initiatives” require the County Council to hold a public hearing on the proposal and approve or reject it. The Whatcom County Charter has a 120-day filing deadline for ballot initiative petitions but the charter doesn’t have a filing deadline for “mini-initiatives.” This ordinance adds a 120-day filing deadline for “mini-initiative” petitions. AB 2009-185 (Ordinance 2009-19) Adopted 7-0
87. Define the use of watershed boundary maps for the county’s regulated watersheds? This vote will provide clarification of purpose and accuracy when reviewing development applications and implementing standards for protection of water quality and natural drainage systems at Lake Whatcom, Lake Samish, Lake Padden, Drayton Harbor and Birch Bay. Stormwater management systems, specific to each watershed, will be developed. AB 2009-163 (Ordinance 2009-20) Adopted 7-0
88. Amend the flood control repair and maintenance program? (Council acting as flood control district board of supervisors) At the 11/12/08 meeting, vote number 227, the council changed the criteria and procedures for the flood control repair and maintenance program. That vote repealed Ordinance 97-027 but inadvertently excluded the repeal of Ordinance 98-075. This vote corrects that error and repeals Ordinance 98-075. AB 2009-161 (Ordinance 2009-21) Adopted 7-0
89. Clarify Solid Waste Advisory Committee requirements and procedures? Membership eligibility and committee duties are addressed. AB 2008-343 (Ordinance 2009-22) Adopted 7-0
90. Amend setback requirements? Currently, setback standards may have particular zone requirements in three different locations of the zoning code. This amendment will consolidated standards into one table. AB 2009-175 (Ordinance 2009-23) Adopted 7-0
91. Amend Urban Residential Mix zone (URMX), Urban Residential zone (UR) and Urban Residential Medium Density zone (URM)? The Washington Growth Management Hearings Board ruled that the county URMX zone does not have the necessary development regulations in place for development at adopted comprehensive plan map densities. Cluster subdivision amendments will lower development potential within the Bellingham Urban Growth Area to one dwelling unit per ten acres and will avoid inconsistencies as the Bellingham Urban Fringe Sub-area plan is updated. AB 2009-176 (Ordinance 2009-24) Adopted 7-0
Action Taken at April 28, 2009 Meeting
Shall the council:
92. Support the Yew Street Road and Lincoln Road projects? The council discussed eliminating the Yew Street Road project (Bellingham city limits to Tacoma Street), eliminating phase 1 of the Lincoln Road project (Shintaffer to Harbor View Road) or both of the projects because of current budgetary constraints. (AB 2009-17) Approved 4-3, Bob Kelly, Barbara Brenner1 and Ward Nelson opposed.
93. Authorize the executive to sign an agreement with the city of Bellingham (amendment 17) for the Cordata Park annexation? The property is located in the Urban Growth Area, adjacent to the city limits; it borders the Guide Meridian/Cordata neighborhood to the north and east and undeveloped W. Horton Road to the south and private properties to the west. At the City Council meeting on 7/21/08, vote number 215, the council initiated the annexation process for 20 acres known as the Cordata Park site. The 1997 annexation agreement requires that the city and county approve amendments to the agreement. The City Council approved amendment 17 at the 4/13/09 meeting, vote number 58. (AB 2009-203) Approved 7-0
94. Authorize the executive to sign a lease with Point Recycling and Reuse for the Johnson Road landfill site in Point Roberts? Point Recycling and Reuse will pay the county $1,000 per month for the landfill site. The company will reopen the Johnson Road county property as a drop box/contained facility for recyclable material and acceptable solid waste. The lease runs from 5/1/09 through 10/31/09. (AB 2009-214) Approved 6-1, Barbara Brenner2 opposed.
95. Authorize the executive to sign a $44,700 contract with Kerr Wood Leidal Associate of Burnaby, B.C., to assess conditions in the upper Jones Creek watershed? (Council acting as the flood control district board of supervisors.) The contract will develop mitigation alternatives identified in the Jones Creek alluvial fan study. Kerr Wood was retained to perform a detailed risk analyses of the Jones Creek alluvial fan at the 1/28/03 meeting, vote number 11. The Whatcom County flood control district committee reconsidered mitigation options for long-term management of the Jones Creek alluvial fan due to the 1/7/09 flood. (AB 2009-215) Approved 7-0
96. Authorize the executive to award the sole bid of $35,000 to Lewis Publishing Co. dba The Lynden Tribune to design, print and distributed the 2009 voters’ pamphlets? The cost of the primary and general elections pamphlets may exceed the estimate. Price will depend on the number of residential households and the size of pamphlet. The job was advertised and one bid was received. (AB 2009-219) Approved 7-0
97. Authorize the executive to sign a $1,086,987 contract with Pioneer Human Services of Seattle to provide housing for homeless ex-offenders? The contractor will provide permanent housing and housing care-management for homeless ex-offenders who are returning to Whatcom County from prison under the supervision of the state department of corrections and homeless ex-offenders exiting the Whatcom County jail. The contract will be funded by the state of Washington and it runs from 5/1/09 through 12/31/11. (AB 2009-220) Approved 7-0
98. Authorize the executive to sign an agreement with the city of Bellingham (amendment 18) for the VanWyck/James Street Road annexation? The area is bordered by Van Wyck Road on the north, Deemer Road on the west and wraps partially around King Mountain with James Street Road running through the property from the southeast. It lies within the Squalicum Creek watershed and drains into Spring Creek which runs through the west portion of it, and into Baker Creek. All three creeks are salmon-bearing. At the City Council meeting on 9/29/08, vote number 276, the council initiated the annexation process for 233 acres known as the Van Wyck/James Street Road site. The 1997 annexation agreement requires that the city and county approve amendments to the agreement. The City Council approved amendment 18 at the 4/13/09 meeting, vote number 59. (AB 2009-223) Approved 7-0
99. Authorize the executive to sign an agreement with the city of Bellingham (amendment 19) for the Queen Mountain annexation? This property is bordered by city limits to the south and east and by undeveloped June Road and Mars Street right-of-way to the north and west. The area is currently undeveloped and lies within the Squalicum Creek watershed and the Baker Creek sub-basin. The northeast and southeast parts of the property contain wetlands and the center of the area contains the eastern portion of Queen Mountain with slopes generally ranging from 15 percent to 40 percent. At the City Council meeting on 9/29/08, vote number 275, the council initiated the annexation process for 38 acres known as the Queen Mountain site. The 1997 annexation agreement requires that the city and county approve amendments to the agreement. The City Council approved amendment 19 at the 4/27/09 meeting, vote number 74. (AB 2009-224) Approved 7-0
100. Amend the 2009 flood control district budget (request #3) in the amount of $1,386,980? (Council acting as the flood control district board of supervisors.) Appropriate: $527,800 for the flood repair and maintenance program; $232,590 for the flood hazard reduction program; $56,000 for the flood response program; $100,000 for the flood planning program; $15,590 for the Jones Creek flood warning system; $120,000 to fund various level of service projects; $25,000 for a small farm nutrient reduction contract; $270,000 for a Lake Whatcom stormwater implementation plan and $40,000 for low-impact development code revisions. AB 2009-207 (Resolution 2009-28) Approved 7-0
101. Amend solid waste rules and regulations? (Public hearing held by council acting as the health board.) This amendment allows “retractable sharps waste” to be disposed as solid waste in the municipal solid waste stream. Retractable sharps waste is defined as commercially generated syringes with needles that retract into the syringe after injection. The waste will be required to be put into leakproof containers and clearly marked with a visible biohazard symbol and the words “biohazard” and “retractable sharps.” AB 2009-189 (Ordinance 2009-25) Approved 7-0
102. Amend the 2009 budget, (request #4) in the amount of $1,140,000? Appropriate: $110,000 for the Lake Samish stormwater plan; $270,000 to implement the Lake Whatcom stormwater plan priorities; $390,000 for Hillsdale and Silver Beach stormwater construction projects; $20,000 for the Bellingham Whatcom Economic Development Council; $350,000 for the West Illinois/Timpson Way project. AB 2009-208 (Ordinance 2009-26) Approved 7-0
103. Amend Whatcom County Code 3.16.110 to remove specific reference to the Revised Code of Washington 36.67? The state code 36.67 is no longer the controlling statute with regards to revenue bonds. Replacing RCW 36.67 in the county code with the words “state law” eliminates the need to continually monitor changing state law. AB 2009-187(Ordinance 2009-27) Approved 7-0
104. Amend the Bellingham Urban Fringe Subarea Plan to comply with the order of the Western Washington Growth Management Hearings Board? This amendment alleviates inconsistencies between land-use designations, locational criteria and policies within the subarea plan. It removes all agricultural and rural locational criteria from the plan and clarifies commercial and industrial policies applying to land within Bellingham’s Urban Growth Areas. AB 2009-206 (Ordinance 2009-28) Adopted 6-1, Barbara Brenner3 opposed.
1 - 3 Barbara Brenner's comments appear in the printed edition only.
