July 2010
Watching Government
Whatcom County Council
Compiled by League of Women Voters Council Watchers
Action Taken at May 11, 2010 Meeting
Shall the council:
82. Uphold the decision by the Whatcom County Hearing Examiner that the planning department did not properly determine the “fish-bearing” classification of a stream and returned it back to planning for a new stream determination? The planning department determined that a stream on property at 817 East Axton Road was a fish-bearing stream that required a 100-foot buffer. Non-fish-bearing streams require a 50-foot buffer. The property owners Daniel and Elena Johnson appealed the “fish-bearing” portion of the determination to the hearing examiner. (AB 2010-114) Approved 7-0
83. Authorize the executive to sign a $17,000 contract with Engineering Economics of Seattle to attain a silver certification in the LEED program for the East Whatcom Regional Resource Center? Testing to achieve the United States Green Building Council’s certification will be on the heat pump systems, exhaust fans and boiler, hot water heating systems, lighting controls and emergency electric systems. Engineering Economics will define, implement and administer the commissioning process, working with other contractors. The contract expires on 8/31/12. (AB 2010-200) Approved 7-0
84. Authorize the executive to sign a $125,000 contract with Olympic Security Services of Tukwila for Courthouse security? Only people taking the elevators are screened; the county owns the x-ray machines and electronic wands. The hours of operation will be 7:30 a.m. through 5:30 p.m. Monday through Friday, except holidays. The original Olympic Services contract for Courthouse security was approved at the 9/13/05 meeting, vote number 172. This contract runs from 5/1/10 through 12/31/10. (AB 2010-201) Approved 7-0
85. Authorize the executive to sign an $84,077 contract (amendment #2) with Vertical, Inc. of Bellingham for the Civic Center Annex? The original contract for $885,035 in alternations was approved at the 11/10/09 meeting, vote number 246. This amendment brings the total contract to $1,023,759. (AB 2010-202) Approved 6-1, Barbara Brenner1 opposed.
86. Authorize the executive to award the low bid of $388,690 to Associated Asphalt of Ferndale for the supply and delivery of hot asphalt mixes? The asphalt is used in annual maintenance and repair of county roads, and will be delivered at various locations as needed. The asphaltic mixes were advertised and four bids were received. (AB 2010-203) Approved 7-0
87. Authorize the executive to award the low bid of $182,477 to Len Honcoop Gravel of Lynden to install a storm water bioinfiltration swale in the Lahti Drive/Britton Road area? The project provides a storm water treatment facility for a 31-acre residential area in the Hillsdale sub-basin draining into Silver Beach Creek and eventually Lake Whatcom. It replaces the ditch on the west side of Britton Road just south of Lahte Drive, utilizing sandy soil and vegetation for filtration. The total cost of the project is $291,477. The work was advertised and seven bids were received. (AB 2010-204) Approved 7-0
88. Authorize the executive to sign a lease with the Washington State Department of Natural Resources for field office workspace at 3373 Mt. Baker Highway? Rent at the parks department headquarters is $925 per month from 4/1/10 through 3/31/13 and $953 per month from 4/1/13 through 3/31/15. (AB 2010-205) Approved 7-0
89. Authorize the executive to award the only bid of $97,471 to Clyde West, Inc. of Kent for two street sweepers? The two 2010 Broce RJ-350 self-propelled rotor sweepers are replacing a 2004 Rosco RB-48 rotor sweeper with 3,503 hours and a 2004 Geff 2003-8 side sweeper with 2,289 hours. Each sweeper is $41,000; options and sales tax brings the total to $97,471. The sweepers were advertised and one bid was received. (AB 2010-206) Approved 5-2, Barbara Brenner2 and Bill Knutzen opposed.
90. Authorize the executive to sign a $235,00 contract with Banner Bank for a reserve fund program to provide financing for energy efficient improvements? The fund will allow participating users to overcome cost barriers and pay for energy efficient improvements over time, matching energy costs savings with loan payments. Federal funds provided through the state of Washington will support entities such a Sustainable Connections, Opportunity Council, Puget Sound Energy, Cascade Natural Gas and others in retrofitting residential and commercial structures. The bank will provide financing to eligible customers and serve as the management agency for the funds. (AB 2010-208) Approved 7-0
91. Approve a $100,000 contract with the Center for Economic Vitality to support business retention and expansion activities throughout Whatcom County? The center, administered through Western Washington University has increased efforts to support local existing and new businesses during the economic decline. Funding comes from the county’s economic development and public utilities programs. The contract commences on 5/1/10 and ends on 12/31/10. (AB 2010-209) Approved 7-0
92. Vacate a portion of Portal Way near Grandview Road? (Public hearing held) At the 10/27/09 meeting, vote number 239, the council voted to consider a petition submitted by Mark Douglas to vacate 6,602 square-feet of right-of-way to be used by the Grandview Business Center and valued at $6,272. The October vote initiated a county engineering report and the report favored the vacation. AB 2009-406A (Resolution 2010-17) Approved 7-0
93. Authorize the executive to apply for a state grant to purchase 55 acres for a future park in the city of Ferndale? The application is to the Washington Wildlife and Recreation Program and is for $300,000 to purchase a portion of the former Riverside Golf Course located along the Nooksack River. The total cost of the property is $600,000. The local share will come from Conservation Futures, real estate excise tax, flood funds and donations. AB 2010-207 (Resolution 2010-18) Approved 7-0
94. Limit the total annual real estate property tax increases for the Whatcom County Flood Control Zone District including the use of banked capacity, to 1 percent per year unless a non-binding advisory ballot measure with any proposed additional increases is placed before the Whatcom County voters? (Council acting as the flood control district board of supervisors.) This resolution is essentially the same as vote 98 below but the funds of the flood control district are managed separately from other county tax funds and requires a separate ballot item and legal action. AB 2010-182A (Resolution 2010-19) Approved 5-2, Ken Mann and Carl Weimer opposed.
95. Proclaim May 15, 2010, as Peace Officer’s Memorial Day? Congress and President of the United States have designated May 15 as Peace Officers Memorial Day and the week it which it falls as Police Week. This proclamation calls on all citizens of Whatcom County to join in commemorating law enforcement officers, past and present, who have preserved the rights and security of all citizens and honor officers who lost their lives or have become disabled in the performance of duty. AB 2010-198 (Resolution 2010-20) Approved 7-0
96. Establish a Lincoln Road Construction Fund for the reconstruction of Lincoln Road (phase I) from Shintaffer Road to Harborview Road in Blaine? The work includes 12-foot lanes, eight-foot shoulders, storm sewers and treatment and left turn lanes onto Lincoln and Harborview roads. The county will contribute $l.5 million to the project, an additional $2.4 million is from grant funds. AB 2010-196 (Ordinance 2010-23) Adopted 6-1, Ken Mann opposed.
97. Approve 2010 project budget (request #3) in the amount of $1.5 million? Appropriate: $3.9 million from the Lincoln Road Construction Fund, preliminary engineering ($100,000), right-of-way acquisition ($700,000) and construction costs ($3.1 million); $1.5 million from the road fund. (See previous vote for additional information about the project.) AB 2010-196A (Ordinance 2010-24) Adopted 6-1, Ken Mann opposed.
98. Limit the total annual real estate property tax increases, including the use of banked capacity, to 1 percent per year unless a non-binding advisory ballot measure with any proposed additional increases is placed before Whatcom County voters? This ordinance requires the council to notify the county auditor’s office by July 1 if it considers taking the unused banked property tax capacity above the allowed one per cent tax increase. That intent would be voted upon in the November general-election ballot. A vote would not be required if another county tax is reduced by the same percentage. AB 2010-182 (Ordinance 2010-25) Adopted 5-2, Ken Mann and Carl Wiemer opposed.
Action Taken at May 25, 2010 Meeting
Shall the council:
99. Authorize the executive to sign a contract with the city of Bellingham and the Oeser Company for the cleanup of contaminated materials in Little Squalicum Park? Portions of the park are owned by Whatcom County and leased by the city of Bellingham for park purposes. The Environmental Protection Agency is requiring additional cleanup by the wood treatment plant. The Oeser Company will pay for cleanup and restoration costs. The city is responsible for maintenance and development. The county is granting access and approval. (AB 2010-219) Approved 7-0
100. Authorize the executive to sign a $22,940 contract with Kingworks Consulting Engineers of Bellingham to provide design and engineering services to repair and renovate rot-damage at Silver Lake Park day lodge? The building was designed in 1969 and is located in Maple Falls. Only the exterior portion of the building is being considered for repairs. The contract runs from 5/26/10 through 12/31/10. (AB 2010-221) Approved 7-0
101. Authorize the executive to award the low bid of $161,093 to Trimax Construction of Sedro-Wooley to repair Rutsatz Road? A flood in January 2009 caused three slides damaging Rutsatz Road. State and federal funds provide $105,717 for repairs and $55,376 is from county funds. The total cost of the road repair is $253,593. The work was advertised and 10 bids were received. AB 2010-222 (Resolution 2010-21) Approved 7-0
102. Adopt the recommendations of the oversight committee for two applications3 under the Purchase of Development Rights program and authorize the executive to proceed with the acquisition process? The Purchase of Development Rights program acquires conservation easements to protect farms from conversion to non-agricultural uses. Two properties totaling 147 acres are under consideration. AB 2010-215 (Resolution 2010-22) Approved 7-0
103. Adopt an interim ordinance allowing for a one-time, two year economic hardship extension for land use permits? (Public hearing held) The extensions will be allowed to planned unit developments, conditional use, variance, administrative approval, short subdivision, exempt land division, subdivision, general or specific binding site plan and critical area and geologic assessment reports for permits that expire between 1/1/09 and 3/1/12. The Planning and Development Services director or Whatcom County Hearing Examiner can grant a one-time two year extension. The filers would have to declare that the projects have been delayed by poor economic conditions. Interim ordinances must be renewed every six months. Similar ordinances have been adopted by the cities of Bellingham (5/11/10 meeting, vote number 103) and Ferndale. AB 2010-180 (Ordinance 2010-26) Adopted 6-1, Carl Weimer opposed.
104. Amend the 2010 budget (request #10) in the amount of $161,700? The original request was for $556,762, but $395,062 to fund paramedic training was pulled by the council. Appropriate: $5,818 to fund Nesset Farm caretaker position based on rent the caretaker is paying; $2,645 to fund 150 hours of extra help and supplies for Fragrance Garden at Tennant Lake; $6,777 for flood repairs on the Hertz Trail at Lake Whatcom Park; $62,000 for homeland security to enhance emergency communications and multi-agency response. Move: $1,097,568 out of the general fund and into a real estate tax fund for the Civic Center Annex remodel project. The project required an additional $84,460 and this is added to the budget request for a total of $1,182,025. AB 2010-213 (Ordinance 2010-27) Substitute adopted 7-0.
1 - 2Barbara Brenner's comments appear in the printed edition.
3Rankings: (1) Donald R. Jensen Family Trust, 21 development rights, 107 acres of mixed vegetables, raspberries and hay at the southern end of Stein Road; (2) Thomas and Diane Funk, seven development rights, 40 acres of raspberries, hay and pasture land on the west side of Stein Road. Acquisition approved at the 3/17/09 meeting, vote number 53, and still pending. (1) John and Diane VanderVeen, three development rights, 78 acres of grass and corn silage east of Lynden and north of Everson.
