June 2011
Watching Government
Whatcom County Council
Compiled by League of Women Voters Council Watchers
Action Taken at April 12, 2011 Meeting
Shall the council:
47. Uphold the Whatcom County Hearing Examiner’s decision regarding an administrative appeal of a land disturbance permit and the appeal of a SEPA threshold determination? This appeal was filed by Barbara Dykes on behalf of the Squalicum Valley Community Association. The details of this appeal are the same as the following appeal by the city of Bellingham. (AB 2011-91) Approved 7-0
48. Uphold the Whatcom County Hearing Examiner’s decision regarding an administrative appeal of a land disturbance permit and the appeal of a SEPA threshold determination? On 1/8/2009, Whatcom County issued a mitigated determination of non-significance for the proposed Squalicum Ridge Road. The two-mile long road would service 26 homes on 20-acre lots with wells and septic tanks. The Bellingham City Council voted at the 1/26/2009 meeting, #11, to appeal the decision to the Whatcom County Hearing Examiner based on the legal department’s opinion that the road and development should be considered as one project requiring an environmental impact statement. The county revised the mitigated determination decision and the City Council voted to appeal that decision at the 3/23/2009 meeting, #47. On 4/29/2010, Whatcom County issued a land disturbance permit for Squalicum Ridge Road. The Bellingham City Council voted at the 5/10/2010 meeting, #96, to appeal the land disturbance permit to the county hearing examiner. (AB 2011-92) Approved 7-0
49. Authorize the executive to sign a $17,500 contract with Northwest Data Support of Stanwood to develop and redevelop websites? A website will be developed for Phase ll (stormwater management program) of the Whatcom County National Pollutant Discharge Elimination System and a website redeveloped for the Lake Whatcom Management Program. A simpler, more manageable website is needed for the Lake Whatcom Management Program to allow Whatcom County, the city of Bellingham and the Lake Whatcom Water and Sewer District to edit the site, communicate accomplishments and encourage citizen involvement in stewardship action that serve to improve or protect water quality. The total contract will be reimbursed by a state of Washington grant. The contract begins on 4/13/2011 and terminates on 12/31/2012. (AB 2011-136) Approved 7-0
50. Authorize the executive to sign a $156,458 contract with Tetra Tech of Seattle, for the Birch Bay stormwater master plan? (Council acting as the flood control district board of supervisors) The company will conduct inventory and evaluation of the central north subwatershed which will serve as a prototype for the Birch Bay Watershed and Aquatic Resources Advisory Committee to apply to other subwatersheds within the Birch Bay watershed. The contract will be funded by a $107,000 federal grant and the rest by the Birch Bay Watershed and Aquatic Resources Advisory Committee. (AB 2011-137) Approved 7-0
51. Authorize the executive to award the county legal notices contract to The Bellingham Herald? Since March of 1998, The Bellingham Herald, the only daily newspaper published in Whatcom County, has been designated as a sole source, exempting it from formal bidding. Advertising rates will be $11.34 a column inch for the first insertion, the same price as 2009 and 2010. The contract runs from 7/1/11 through /30/12. (AB 2011-141) Approved 7-0
52. Amend the Whatcom County Code to allow drive through services in the Urban Residential Mixed Use Zone in unincorporated Whatcom County? (Public hearing held) The amendment allows the building size for restaurants and coffee shops to increase from 2,500 square feet to 5,000 square feet and have drive-through services but requires drive-through services to have a conditional use permit. AB 2011-127 (Ordinance 2011-08) Adopted 5-2,1 Carl Weimer and Ken Mann opposed.
53. Amend the Whatcom County Code to allow drive- through services in the Resort Commercial Zone? (Public hearing held) The ordinance permits buildings up to 5,000 square feet for coffee and restaurant services with drive-through services except on Birch Bay Drive where a conditional use permit would be required. AB 2011-128 (Ordinance 2011-09) Amended and adopted 5-2, Carl Weimer and Ken Mann opposed.
54. Adopt an emergency moratorium on the acceptance of new applications for Wind Energy Systems greater than 500 kilowatts, or multiple WES per parcel with a cumulative rated output above 100 kilowatts? (Public hearing held at April 26 meeting) An emergency moratorium was first passed on February 23, 2010, vote #43, and interim moratoriums passed at the 4/13/2010 meeting, vote #68, and 10/12/2010 meeting, vote #181) This vote on an emergency moratorium was passed because the interim moratorium will expire three days before the next council meeting. AB 2011-145 (Ordinance 2011-10) Adopted 6-1, Ken Mann opposed.
Action Taken at April 26, 2011 Meeting
Shall the council:
55. Authorize the executive to sign a $136,440 contract with SMS Cleaning of Tacoma to provide custodial service for six Whatcom County buildings? They include: Forest Street Annex, Central Plaza and Civic Center on N. Commercial Street, Health Department on Girard, Central Shop on Smith Road and Northwest Annex on Northwest Drive. These buildings do not need the extensive security clearance required elsewhere. County custodial services will continue in the Courthouse, sheriff’s office and jail. All supplies and training will be the responsibility of the contractor. The contract expires on 12/31/2012. (AB 2011-149) Approved 7-0
56. Authorize the executive to sign a $60,000 contract with Brown and Caldwell of Seattle to provide consulting for development of a design plan for the Deming levee upstream improvement project? (Council acting as the county flood control district board of supervisors.) The project will reduce the flood risk along the right bank of the Nooksack River for the Mount Baker School District facilities and the Nooksack Casino drain field. Constructing a needed levee extension requires at least two permits from Burlington Northern Santa Fe railway and further review of data is necessary before final evaluation. The contract commences on 4/28/2011 and expires on 12/31/2012. (AB 2011-150) Approved 7-0
57. Authorize the executive to approve the spending of $144,552 to purchase radio equipment for the sheriff’s office? The funds will purchase 25 multi-band portable radios and accessories. Part of a Department of Homeland Security grant will be used to purchase the radios. (AB 2011-155) Approved 7-0
58. Adopt the recommendations (see footnote2 on page 7) of the oversight committee for four applications under the Purchase of Development Rights program and authorize the executive to proceed with the acquisition process for the top two farms? The Purchase of Development Rights program acquires conservation easements to protect farms from conversion to non-agricultural uses. Four applications totaling 153 acres are under consideration. AB 2011-157 (Resolution 2011-13) Approved 6-0, Sam Crawford abstained.
59. Establish a Whatcom County Jail Planning Task Force? A permanent facility for housing higher risk offenders is needed to fit population projections, sited at a reasonable location and designed to accommodate expansion if needed. A task force of citizens with expertise and county officials will focus on finding solutions. It will be an ad-hoc subcommittee of the Law and Justice Council. At least two task force members shall attend all Justice Council meetings to share information. The task force shall include no fewer than six citizens with expertise in architecture, commercial real estate and construction and it may include representatives from prosecutor’s office, sheriff, police, county executive’s office and mental health services. There will be public forums and input and consideration of feedback and opinion. A report regarding size, location, funding and possible mental health triage center shall be produced no later than 1/1/2012. AB 2011-78A (Resolution 2011-14) Approved 7-0
60. Continue the interim moratorium on the acceptance of new applications for Wind Energy Systems? This refers to those greater than 500 kilowatts, and to multiple energy systems per parcel with cumulative output above l00 kilowatts. (Public hearing held) An emergency moratorium was passed at the 2/23/2010 meeting, vote #43, and interim moratoriums passed at the 4/13/2010 meeting, vote #68, and 10/12/2010 meeting, vote #181. The Planning Commission requires additional time to address the impacts in dense residential zoning. Interim ordinances must be renewed every six months.This ordinance expires on 10/26/2011. AB 2011-145A (Ordinance 2011-11) Adopted 6-1, Ken Mann opposed.
61. Amend the 2011 budget (request #4) in amount of $1,016,482? Reappropriate: $136,658 to fund the transfer of forestlands in the Lake Whatcom watershed from the state of Washington to Whatcom County; $250,000 to fund contract in low income housing program, the Varsity Village apartments will be improved and stay low income housing, providing 91 units for people below 50 percent of the area median income. Appropriate: $55,946 to fund a new position in the veterans office in the Forest Street building; $76,344 to fund increased inpatient treatment and staffing in Adult Drug Court; $87,534 in Superior Court to fund Family Treatment Court to the end of the year; $410,000 to fund the Economic Development Investment program to pay charges related to construction of housing affordable below 80 percent of area medium income. AB 2011-144 (Ordinance 2011-12) Adopted 4-3, Barbara Brenner,3 Bill Knutzen and Tony Larson opposed.
1, 3Barbara Brenner's comments appear in the printed edition.
2Rankings: (1) the Weatherby family farm is located on the south side of Willeys Lake Road near Custer, seven development rights, property size: 39 acres with 35-36 acres planted in seed potatoes and grass; (2) the Littrell farm is located on the west side of Delta Line Road near Blaine, seven development rights, property size: 39 acres with approximately half the property growing berries and the remainder forested, riparian or grassland; (3) the Wylie farm is located on the south side of Willeys Lake Road near Custer, five development rights, property size: 38 acres, 37 acres managed for hay production; (4) the Finkbonner farm is located south of Kendall, three development rights, property size: 37 acres with 24 acres managed for pasture and hayland and the remainder planted with orchard trees, forested or riparian. Easement acquisitions approved at the 5/25/2010 meeting, vote #102, and still pending: Jensen Family Trust, 21 development rights, 107 acres of mixed vegetables, raspberries and hay at the southern end of Stein Road; Thomas and Diane Funk, seven development rights, 40 acres of raspberries, hay and pasture land on the west side of Stein Road.
