July 2009
Watching Government
Whatcom County Council
Compiled by League of Women Voters Council Watchers
Correction
Vote 86 at the 4/14/09 meeting, creating a deadline for the “mini-initiative” was passed in error. After the 4/14 meeting, it was learned that The Bellingham Herald hadn’t published a second legal notice. Another public hearing was held at the 4/28 meeting; because of some last minute changes that weren’t available to the public the vote was postponed until the May 12 meeting, vote number 114.
Action Taken at May 12, 2009 Meeting
Shall the council:
105. Authorize the executive to sign an agreement between the Whatcom County Flood Control Zone District and the Whatcom Conservation District to implement a conservation program on agricultural lands? (Council acting as the flood control district board of supervisors) The Critical Areas Ordinance requires property owners to prepare and implement farms plans if they wish to continue agricultural practices within critical areas. The executive signed the agreement on behalf of the flood control district. The agreement expires on 12/31/10. (AB 2009-213) Approved 7-0
106. Authorize the executive to award the sole bid of $286,169 to Papé Machinery of Fife for truck-mounted ditching machine? The original bid for $285,905 was approved at the 9/9/08 meeting, vote number 166, but the machine was not purchased. The ditching machine is essential in keeping fish passages open and controlling stormwater. It is replacing an approximately 20-year-old machine. Bids for the ditching machine were advertised and one bid was received. (AB 2009-218) Approved 5-2, Barbara Brenner1 and Bob Kelly opposed.
107. Authorize the executive to sign a $2,530,000 purchase option with The Nature Conservancy to acquire approximately 146 acres at Lily Point? The Nature Conservancy purchased 28 acres of uplands, 92 acres of tidelands and approximately 3,000 feet of waterfront on Boundary Bay in Point Roberts. Whatcom County (5/20/08 meeting, votes 100 and 101) and The Nature Conservancy have applied for state and federal grant to fund the acquisition of the property. The real estate purchase and sale agreement was removed from the proposal. (AB 2009-237) Amended and approved 7-0
108. Authorize the executive to award the low bid of $491,860 to Associated Asphalt of Ferndale for the supply and delivery of asphaltic mixes for county road projects? The asphaltic mixes were advertised and three bids were received. (AB 2009-240) Approved 6-0, Seth Fleetwood was out of the room.
109. Adopt the Whatcom County Hearing Examiner’s recommendations on the proposed development known as the Lincoln Road plat? The hearing examiner recommended approval of the planned unit development and the preliminary long subdivision with conditions. The proposed development consists of 22 single-family residential lots and 13.5-acre reserve tract on a 19.7-acre total parcel on Lincoln Road in the Blaine Urban Growth Area. Sewer and water will be supplied by the Birch Bay Water and Sewer District. (AB 2009-248) Approved 7-0
110. Authorize the executive to sign a $69,305 contract (amendment 1) with HDR Engineering of Bellevue to select a site for the adult corrections facility and sheriff’s headquarters? The original contract was for five sites to be identified and evaluated. The selection process has been narrowed to two sites; this amendment includes wetlands delineation for the two sites. The original contract was approved at the 12/4/07 meeting, vote number 270. This amendment brings the total contract to $765,006. (AB 2009-241 Approved 6-1, Barbara Brenner2 opposed.
111. Approve the sale of surplus gravel pits? (Public hearing held) The Property Management Committee recommended the sale of the three parcels as surplus property. The 11 acres are to be sold together by sealed bid with the minimum sale price of $1,100,000 as appraised by Sherwood Appraisals of Monroe on 5/22/08. AB 2009-231 (Resolution 2009-29) Approved 5-2, Barbara Brenner3 and Bob Kelly opposed.
112. Authorize the executive to award the low bid of $2,232,062 to Tiger Construction of Bellingham for bridge #140 on the Mosquito Lake Road? The bridge deck and both approach spans will be replaced, new guard rails installed and all structural steel painted. The road engineering department estimated the total cost for preliminary engineering, right-of-way acquisition, construction, testing and contingency at $3,060,562. Federal funds will pay for 100 percent of the costs. The work was advertised and six bids were received. AB 2009-239 (Resolution 2009-30) Approved 6-0, Seth Fleetwood was out of the room.
113. Authorize the executive to spend $300,000 to purchase antiviral medications to respond to the swine flu outbreak? The Whatcom County’s allocation in the federal stockpile is sufficient to treat only 15 percent of the county’s population; the federal government recommends medication to treat 25 percent of the population. The cost to Whatcom County to purchase medications and other supplies for the additional 10 percent of the population is $300,000. The medications will be purchased under the terms of the agreement that the federal government has with pharmaceutical manufacturers. AB 2009-235 (Resolution 2009-31) Approved 7-0
114. Create a deadline for “mini-initiative” petitions? (Public hearings held 4/14, 4/28 and 5/12) “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 2009-29) Approved 7-0
115. Amend land division regulations? (Public hearing held) The council amended the land division regulations at the 2/10/09 meeting, vote number 34, but withdrew the criteria for approval of boundary line adjustment pending legal council review. This amendment includes criteria for the approval of boundary line adjustments and language addressing the creation and reconfiguration of nonconforming lots. AB 2009-177 (Ordinance 2009-30) Approved 7-0
116. Amend the zoning code? (Public hearing held) This amendment includes additional language regarding “reduction of area” in the nonconforming use chapter; it provides boundary line adjustment rules for nonconforming lots. AB 2009-179 (Ordinance 2009-31) Adopted 6-1, Barbara Brenner4 opposed.
117. Remove the lot clustering provision from the rural forestry district of the Whatcom County Code? An emergency moratorium removing the lot clustering provision from the code was first enacted at the 10/10/06 meeting, vote number 205; interim ordinances were passed at the 11/21/06 meeting, vote number 240, 5/22/07 meeting, vote number 122, 11/20/07 meeting, vote number 260, the 5/20/08 meeting, vote number 106 and the 11/12/08 meeting, vote number 225. AB 2009-210A (Ordinance 2009-32) Approved 6-1, Sam Crawford opposed.
118. Clarify the definitions of bed and breakfast operations in the zoning code? The definitions of “bed and breakfast establishment” and “bed and breakfast inn” are clarified and simplified. Bed and breakfast operations are now allowed in agriculture and resort commercial zones. AB 2009-229 (Ordinance 2009-33) Approved 7-0
119. Clarify the definitions of day care operations in the zoning code? The proposal reorganizes, clarifies and expands definitions that will alleviate the difficulties of interpreting and administering the requirements of day care facilities. The definitions of “family day care home,” “mini-day care home” and “day care center” are clarified. AB 2009-230 (Ordinance 2009-34) Approved 6-1, Barbara Brenner5 opposed.
120. Delete policy 2BB-7 from the Cherry Point Urban Growth Area of the Whatcom County Comprehensive Plan? Policy 2BB-7 was inadvertently left in place when the new policy, 2BB-10, was adopted at the 12/2/99 meeting. AB 2008-402 (Ordinance 2009-35) Adopted 7-0
121. Amend the Birch Bay community plan related to transportation facilities, a component of the Whatcom County Comprehensive Plan? The Transpo Group of Kirkland and Birch Bay residents developed the proposed amendments. The amendments consist of revisions to chapters 2 and 11, add appendix A. They propose policies and projects that would effectively serve future transportation demands of Birch Bay residents. AB 2008-448 (Ordinance 2009-36) Adopted 7-0
122. Amend the capital facilities and transportation chapters and the transportation impact fees appendix to the Whatcom County Comprehensive Plan? The amendments revise concurrency provisions for transportation facilities and establish policy for transportation impact fees and prohibit development activities that would cause the level of service on locally owned transportation facilities to fall below designated standards. AB 2009-65 (Ordinance 2009-37) Adopted 7-0
123. Amend the capital facilities chapter of the Whatcom County Comprehensive Plan? The amendments would allow the county to adopt by reference capital facility plans of other public entities for water, sewer, fire protection, stormwater, schools, parks and recreation facilities. It would also develop capital facility plans for the Bellingham, Ferndale and Lynden school districts. AB 2009-64 (Ordinance 2009-38) Adopted 7-0
124. Amend the Whatcom County Comprehensive Plan to recognize the significance of Lake Whatcom as a drinking water source, the state listing of Lake Whatcom as an impaired waterbody, and the role of forestry in the Lake Whatcom watershed? The amendment would include the text referencing to these significant facts regarding Lake Whatcom. AB 2009-204 (Ordinance 2009-39) Adopted 7-0
125. Amend the Whatcom County Comprehensive Plan removing the “provisional urban growth area” designation for Sudden Valley? The County Council has rescinded the “provisional urban growth area” designation which would have allowed incorporation of Sudden Valley. The designation will be changed to “recreational subdivision” to protect Lake Whatcom from urban levels of development. AB 2009-205 (Ordinance 2009-40) Adopted 6-1, Sam Crawford opposed.
126. Adopt the Lummi Island subarea plan, a component of the Whatcom County Comprehensive Plan? This is an update of the 1979 Lummi Island subarea plan. The stated goals are protection of water quality and supply, preservation of island rural character and the protection of property rights. AB 2009-88B (Ordinance 2009-41) Adopted 7-0
127. As a group, approve the comprehensive plan amendments (votes 120–126)? (AB 2009-120) Approved 7-0
Action Taken at May 26, 2009 Meeting
Shall the council:
128. Authorize the executive to accept a federal grant for $298,551 to prevent, deter, respond and recover from catastrophic and/or terrorist events? The U.S. Department of Homeland Security funds will be allocated to Whatcom County jurisdictions to support their exercise, training, planning and equipment needs; the grant period runs from 9/1/08 through 4/30/10. (AB 2009-252) Approved 7-0
129. Authorize the executive to accept a federal grant for $1,320,000 to enhance law enforcement along the U.S. border? The money will be used for overtime, travel, vehicle/equipment, maintenance, mileage/fuel costs and equipment. This is a grant from the U.S. Department of Homeland Security/Operation Stonegarden; the grant runs from 9/1/08 through 2/28/11. (AB 2009-253) Approved 7-0
130. Authorize the executive to sign a $803,295 contract with True Automation of Plano, Texas, for the design, development and deployment of software and services to replace assessor/treasurer software? Compu-Tech, Inc. announced that it would no longer provide support for the county’s 26-year-old computer system which is responsible for collecting and distributing 228 million dollars in tax revenue. After 18 months of research, True Automation was found to have the most comprehensive and cost-effective property assessment/tax collection system. This company is currently under contract with six other Washington counties. The contract runs from 6/1/09 through 11/20/10. (AB 2009-254) Approved 7-0
131. Authorize the executive to sign a $792,903 master license and maintenance agreement with True Automation of Plano, Texas, to purchase property assessment and tax collection software? This contract will purchase the software licenses and make the first payment for maintenance and support fees. The contract runs from 6/1/09 through 6/1/10. (AB 2009-255) Approved 7-0
132. Authorize the executive to award the low bid of $44,008 to Northwest Chip and Grind of Bellingham for the supply and delivery of large woody debris for the Acme early chinook restoration project? The material will be used in the project to slow the lateral migration of the South Fork of the Nooksack River and restore fish habitat. A request for bids was advertised and two bids were received. (AB 2009-257) Approved 7-0
133. Consider a petition to vacate a portion of Edwards Drive in Point Roberts? David Duncan submitted a petition signed by five property owners. The 1,213 square feet of right of way is valued at $13,476. This vote initiates a county engineering report on the proposed vacation. AB 2009-260 (Resolution 2009-32) Approved 7-0
134. Support a resolution introduced in the U.S. Home of Representative by Congressman Rick Larsen designating June 10 as National Pipeline Safety Day? The resolution notes the Bellingham pipeline explosion tragedy on June 10, 1999 and encourages pipeline safety across the country. AB 2009-266 (Resolution 2009-33) Approved 7-0
135. Conduct a public hearing to consider the creation of a “no shooting zone” in the Columbia Valley Urban Growth Area? To promote public safety and welfare, citizens and law enforcement, in the areas of Kendell Road, Limestone Road, Sprague and Kendall Lakes, requested a restriction on the discharge of firearms. The public hearing will be set at a later date. AB 2009-251 (Resolution 2009-34) Approved 7-0
136. Create a Birch Bay Shellfish Protection District? (Public hearing held) The mouth of Terrell Creek, the major tributary into Birch Bay was closed to commercial shellfish harvest by the state Department of Health in November 2008 due to high counts of fecal coliform. State law requires that the council create a shellfish protection district to identify and address the causes of pollution affecting marine environments within 180 days of the closing or downgrade a shellfish growing area due to the degradation of water quality. AB 2009-245 (Ordinance 2009-42) Amended and adopted 7-0
137. Establish year round speed limits on portions of Birch Bay Drive and Harborview Road? (Public hearing held) Currently, the speed limit is 25 mph on Harborview Road from 5/1 to 9/1 and Birch Bay Drive from 5/15 to 9/15. The speed limit is 35 mph for other parts of the year. This vote establishes year round 25 mph speed limits on Birch Bay Drive, from the intersection of Holman Avenue to the intersection with Birch Point Road and on Harborview Road south of Forsberg Road. A traffic study by the engineer’s office found it necessary to establish new speed limits. AB 2009-201A (Ordinance 2009-43) Adopted 7-0
138. Change the speed limit on portions of Birch Point Road, Shintaffer Road, Anderson Road, Alderson Road and Jackson Road in the Birch Bay area? (Public hearing held) The current 35 mph speed limit will be reduced to 25 mph on Shintaffer Road from Birch Bay Drive to Anderson Road; on Alderson Road from Birch Bay Drive to East Loft Lane and on Jackson Road from Bay Road to Birch Bay Drive. The current 30 mph speed limit will be increased to 35 mph on Birch Point Road for five tenths of a mile west of Selder Road for the entire length to the east and reduced to 25 mph on Anderson Road from Shintaffer Road to Harborview Road. A traffic study by the engineer’s office found it necessary to establish new speed limits. AB 2009-201B (Ordinance 2009-44) Adopted 5-2, Ward Nelson and Seth Fleetwood opposed.
139. Decrease the petty cash fund in engineering services by $200? The public works engineering services and planning and development services formed a one-stop permit center eliminating the need for engineering to maintain a separate cash drawer. Petty cash in engineering services will be reduced from $300 to $100. AB 2009-244 (Ordinance 2009-45) Adopted 7-0
140. Amend the 2009 budget (request #5) in the amount of $283,308? Appropriate: $139,167 in interest earned from cash balances during 2006-2008 to the county-wide emergency medical services fund; $144,141 in expenditures for the Whatcom County homeland security program to be reimbursed from a federal grant. AB 2009-246 (Ordinance 2009-46) Adopted 7-0
141. Add text omitted from the transportation concurrency management ordinance? Transportation concurrencyensures that adequate transportation facilities are provided concurrently with new development. When the ordinance was passed at the 1/27/09 meeting, vote number 29, text was inadvertently omitted. AB 2009-66A (Ordinance 2009-47) Adopted 7-0
1-5 Barbara Brenner's comments appear in the printed edition.
