August 2011
Watching Government
Whatcom County Council
Compiled by the League of Women Voters
Correction: A portion of vote 72 approved at the May 10 meeting was not printed the July issue.
Shall the council:
72. Amend the Whatcom County Zoning Map, the Whatcom County Comprehensive Plan and maps to implement changes related to rural land use planning? (Public hearing held, testimony limited to the April 12 version of the ordinance that was introduced on April 26.) Most of the amendments are in the land use chapter, which contains the Rural Lands elements and includes the establishment of limited areas of more intensive rural development (LAMIRD) affecting thousands of acres in various unincorporated areas. They update the county’s vision of rural character and replace land use designations and policies that were found to be out of compliance with the state Growth Management Act. AB 2011-72D (Ordinance 2011-13) Adopted 5-2,1 Ken Mann and Carl Weimer opposed.
The following vote at the May 24 meeting was overlooked so it was not included in the July issue.
Shall the council:
85.Ensure adequate development standards in the Lake Whatcom watershed? Since the council meeting on 2/8/2005, vote #46, the council has voted 13 times to continue a moratorium on the acceptance of new applications for the subdivision of lots below five acres in the Lake Whatcom watershed. The action was deemed necessary to avoid degradation of the Lake Whatcom watershed and the drinking water supply until the council adopts more protective development standards. This resolution prohibits any subdivision of land less than five acres in the Lake Whatcom watershed until 6/21/2012, or the council adopts more protective development standards. AB 2011-184 (Resolution 2011-16) Approved 5-1, Sam Crawford opposed and Tony Larson absent.
Action Taken at June 7, 2011 Meeting
Shall the council:
86. Authorize the executive to sign a $19,872 contract (amendment #2) with ESA Adolfson of Seattle for the Birch Bay watershed action plan? The original contract was approved 3/31/2009 meeting, vote #62, and amended at the 6/9/2009 meeting, vote #142. This amendment provides public outreach and additional engineering support to provide technical information to the general public. The total amended contract is $257,478 and expires on 12/31/2011. (AB 2011-191) Approved 7-0
87. Authorize the executive to sign a license agreement with Coldstream Farm of Deming to harvest the hay on 58 acres of farmland? The site is known as South Fork Park Galbraith farm parcel. Coldstream will pay the county $3,840 for the license, it begins on 4/1/2011 and ends on 10/31/2011. (AB 2011-200) Approved 7-0
88. Authorize the executive to award low bid of $47,132 to Mt Baker Roofing of Bellingham to replace the roof on the barn and milkhouse at Hovander Park? The work was advertised and three bids were received. (AB 2011-202) Approved 7-0
89. Authorize the executive to award the low bid of $93,498 to Faber Brother Construction of Lynden for the Olsen Trailhead parking lot? The money (real estate excise tax funds) for this project was approved in the current budget. The work was advertised and six bids were received. (AB 2011-203) Failed 3-4, Barbara Brenner,2 Tony Larson, Ken Mann and Bill Knutzen opposed.
90. Set June 21 as the public hearing date to authorize the sale of surplus property? The surplus property includes: nine vehicles (the mileages vary from 55,991 to 146,895); two sweepers, a snow plow, a mower, miscellaneous office equipment, tools, bridge decks and culvert. AB 2011-199 (Resolution 2011-17) Approved 5-2, Barbara Brenner3 and Bill Knutzen opposed.
Action Taken at June 21, 2011 Meeting
Shall the council:
91. Authorize the executive to sign a substitute agreement with the Whatcom County Flood Control Zone District and subzones4 for district operations and administration? (Council acting as the flood control district board of supervisors) This clarifies the financial and operational relationship between Whatcom County and the flood control district. This amendment changes the word “county” to “designated staff” in eight places in the agreement regarding administration responsibilities. (AB 2011-151) Amended and approved 7-0 by the board of supervisors and the council.
92. Authorize the executive to sign a $29,700 contract with Watershed Science and Engineering Inc. of Seattle to prepare a sediment transport analysis in the area of Mosquito Lake Road Canyon Creek Bridge? The study goal is to find alternatives to chronic sediment deposits and reduce the need for emergency dredging during winter storms. The company was selected as the most qualified of river consultants based on submitted qualifications. The contract expires on 12/31/2011. (AB 2011-216) Approved 7-0
93. Authorize the executive to sign an amended contract with the federal government to remove three farms from the Purchase of Development Rights program? The contract will cancel the $592,933 in federal matching funds for those easements. Removed from the program are the VanderVeen farm in Everson and the two Tjoelker farms in Blaine. (AB 2011-218) Approved 7-0
94. Authorize the executive to sign a license with Moon Valley Natural Products of Deming for parkland to be used as a staging/holding area for 100 bee boxes? The license is for approximately 625 square feet of land on South Bay Drive at the south end of Lake Whatcom. Moon Valley will pay the county $100 for the license that will commence on 5/13/2011 and terminate on 7/ 23/2011. (AB 2011-220) Approved 7-0
95. Sell surplus county property by public auction or sealed bid? (Public Hearing held) The surplus property includes: nine vehicles (the mileages vary from 55,991 to 146,895); two sweepers, a snow plow, a mower, miscellaneous office equipment, tools, bridge decks and culvert. AB 2011-199A (Resolution 2011-18) Approved 6-1, Barbara Brenner3 opposed.
96. Authorize the executive to award the low bid of $265,699 to P&P Excavating of Bellingham for the Emerald Lake Way slide repair? A storm in January 2009 caused the landslide. Repairs will include slope stabilization, guard rail and shoulder repair. The total cost of the project is $400,700. Federal/state funds will cover 87.5 percent ($350,613) and the rest ($50,087) is from local funds. The work was advertised and six bids were received. AB 2011-221 (Resolution 2011-19) Approved 7-0
97. Authorize the executive to sign the development agreement with Harbor Shores, LLC? On 11/18/2010, the Whatcom County Hearing Examiner recommended approval of the agreement to provide alternative mitigating approaches and a watershed management plan to satisfy Whatcom County Critical Areas requirements relative to the construction of single family residences on 33-lots (eleven acres) located on the corners of Blaine and Hall roads. Issues of impacts to shoreline critical areas and neighboring property owners from the construction of sewer lines were dealt with in the agreement. AB 2010-446 (Resolution 2011-20) Approved 7-0
98. Grant Whatcom County Public Utilities District No. 1 a 25 year non-exclusive franchise for provision of electricity services throughout the county? (Public hearing held) This franchise allows the Public Utility District to have electrical lines and facilities on all county rights-of-way. The PUD already has a franchise for water lines and facilities within the county rights-of-way that will be renewed under a separate ordinance. AB 2010-327 (Ordinance 2011-20) Adopted 7-0
99. Amend the 2011 budget (request #6) in the amount of $216,582? Appropriate: $200,000 to fund property acquisitions for low cost housing by the Kulshan Community Land Trust; $14,082 to fund inmate work crews on national forests lands; $2,500 for administrative support for the Medic One planning committee meetings. AB 2011-207 (Ordinance 2011-21) Adopted 7-0
100. Repeal the curfew section of the Whatcom County Code? The curfew made it unlawful for minors to be on public streets between 10:30 p.m. and 5:30 a.m., except Friday and Saturday nights, when the prohibited hours were 1:00 a.m. to 5:30 a.m. Precedents set by federal and state court decisions finding similar curfew laws “unconstitutionally vague” led to a review by the county’s prosecutor’s office which suggested that the county’s curfew would likely be found unconstitutional if challenged, and advised repeal. AB 2011-197 (Ordinance 2011-22) Adopted 7-0
101. Repeal the interim moratorium on the acceptance of new applications for subdivisions and short subdivisions in rural areas? The moratorium was imposed while the council reviewed the Comprehensive Plan, existing zoning and development codes to permanently address these issues relative to areas of more intensive rural development. At the 5/10/2011 meeting, vote #72, the council approved new regulations related to rural land use planning eliminating the need for the moratorium. AB 2011-209 (Ordinance 2011-23) Adopted 7-0
1 - 3Barbara Brenner's comments appear in the printed edition only.
4Lake Samish, Birch Bay, Acme/Van Zandt, Sumas/Nooksack/Everson and Lynden/Everson.
