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Past Issues


Whatcom Watch Online
Whatcom County Council


October-November 2011

Watching Government

Whatcom County Council

Compiled by League of Women Voters Council Watchers

Action Take at August 9, 2011 Meeting

Shall the council:

122. Request the administration prepare an ordinance to eliminate premium pay (flat supplemental compensation) from 10/1/2011 through 12/31/2012? The flat supplemental compensation was authorized by Executive Order 2004-03, signed on 3/24/2004, in which the executive authorized flat supplemental compensation to more than 20 employees. In it he gave permission to one of the judges, who is beholden to the executive for budget recommendations for his department, to give premium pay to the executive if he wanted. The judge then gave premium pay to the executive. The flat pay amounts range between $200 and $800 per month per person as determined by the county executive. The flat pay was claimed to be for compensation for: emergency response, overtime, interim assignment, extra circumstances, use of personal vehicle, cellular phone, pager, market adjustment, internet connectivity at residence, and membership in local community organizations. But because it is a flat amount there is no transparency to ensure those moneys were spent for those costs. (Other Business) Approved 5-2, Sam Crawford and Carl Weimer opposed.

123. Barbara Brenner1 moved to request the administration give other options to cutting costs at the same time? This motion is added to the previous vote. (Other Business) Approved 4-3, Sam Crawford, Kathy Kershner and Carl Weimer opposed.

124. Endorse the Community Opportunities Conference plus concert celebration at the Bellingham High School? This Visionary Mastermind event takes place on Saturday, October 1, from 8:30 a.m. to 5 p.m. It is being produced as a collaborative effort by Whatcom County ReEntry Coalition and UnitingCreatives.com, and is sponsored by YES! Magazine. Focusing on grassroots visions for Whatcom County, this event will feature panel discussions with panelists from all sectors of the community, examining the challenges facing us and presenting ideas for possible “holistic” solutions. From 7-9:30 p.m., a multi-cultural concert is planned to demonstrate the power of music as a “leadership and visionary art,” featuring Nashville singer Shawn Gallaway and others. (Other Business) Approved 4-2-1,2 Tony Larson and Sam Crawford opposed, Kathy Kershner abstained.

125. Appoint committees to write pro and con statements for the local voters pamphlet? At the 7/26/2011 meeting, vote #115, the council voted to place an amendment to the Whatcom County Charter on the general election ballot. The amendment creates a salary commission for elected officials. Individuals appointed to the “Pro Committee” are Jack Hovenier and Kevin Zender. Individuals appointed to the “Con Committee” are Wendy Harris, Shane Roth and Sue Brown. Committee members will write explanatory statements for the Whatcom County Voters Pamphlet. (AB 2011-224B) Approved 7-0

126. Authorize the executive to sign a $111,000 contract with the Industrial Credit Union of Bellingham for septic system loans? This will fund low interest loans for homeowners with failing septic systems who are unable to qualify for conventional financing. The credit union will provide access to loans for septic repair and replacement. The contract runs from 8/1/2011 through 7/31/2014 and is funded by a state grant. (AB 2011-262) Approved 6-0, Barbara Brenner3 was out of the room.

127. Authorize the executive to accept a $510,824 federal grant to improve and stabilize a portion of Silver Beach Creek from Brownville Drive to East 16th Place? The total estimated cost of the project is $928,771. This work is part of the implementation of the Lake Whatcom Comprehensive Stormwater Plan. (AB 2011-264) Approved 6-0, Barbara Brenner3 was out of the room.

128. Authorize the executive to sign a $178,203 contract with COSCOMM International of Snoqualmie (sole source provider) for satellite and land based radio communications? The sheriff’s office request the purchase, the contract covers consulting services at $60,000; crossband equipment at $61,146 and ROI equipment at $57,057, This request is funded by a federal grant from the U. S. Department of Homeland Security, awarded to the state military department and administered by Clallam County. (AB 2011-266) Approved 6-0, Barbara Brenner3 was out of the room.

129. Authorize the executive to sign a contract not to exceed $40,000 with attorney Lesa Starkenburg-Kroontje to assist the prosecutor’s office in a Growth Management Hearing Board case? At the 5/10/2011 meeting, vote #72, the council passed an ordinance amending the comprehensive plan and zoning map related to rural land use planning. The Bellingham City Council at the 6/20/2011 meeting, vote #109, voted to appeal the ordinance to the Growth Management Hearings Board. The City Council has concerns about how the ordinance will affect development around Lake Whatcom. No funds are available for the Starkenburg contract so a supplemental budget request will be necessary. The contract runs from 8/10/2011 through 8/9/2012. (AB 2011-273) Approved 5-2, Ken Mann and Carl Weimer opposed.

130. Amend the Whatcom County Flood Control Zone District and Subzones budget (request #1) in the amount of $336,238? (Council acting as the flood control district board of supervisors) This request is for the Birch Bay Watershed and Aquatic Resources Management District and is to fund Birch Point Charel Terrace Drainage improvements. The amount requested is over $100,000 less than the original request due to evaluation of current spending and projections. AB 2011-258 (Resolution 2011-24) Approved 7-0

131. Adopt a revised system of assessment to provide revenue for Deming Docking District No. 2? (Public hearing held) Each property owner will pay a proportionate share, based on the number of acres and improvement value within their individual parcels. The system will enable automation of the annual assessments and provide a more equitable assessment of benefits. AB 2011-236 (Ordinance 2011-32) Adopted 7-0

132. Establish a Whatcom County Veterans Assistance Program? (Public hearing held) The Whatcom County Veterans Advisory Board will recommend services for the veterans assistance program which may include housing, securing benefits, re-entry training, legal assistance, financial and health services to local indigent veterans and their families. The Whatcom County Health Department is designated as administrator of the program. Funding is provided by a dedicated portion of property tax collected. AB 2011-257 (Ordinance 2011-33) Adopted 7-0

133. Amend the Whatcom County Comprehensive Plan and zoning map to implement changes relating to completion of the 10 year review of the urban growth areas required under the Growth Management Act? (Public hearing held) At the 11/24/2009 meeting, vote #263, the council completed the 10 year review of the urban growth areas. The vote reduced the Ferndale UGA area by approximately 1,556 acres. Ferndale appealed the vote to the Growth Management Hearing Board. At the 8/10/2010 meeting, vote #154, the council amended the previous vote and restored approximately 476 acres to settle the appeal. In April 2011, the Growth Management Hearing Board ruled the Ferndale UGA was oversized and that adequate sewer and fire capital facility planning had not occurred. This amendments reduces the size of the Ferndale UGA, redesignates areas removed from the UGA to UGA reserve, rezones areas removed from the UGA to Rural One dwelling/ten acres, amends sewer and fire protection capital facility provisions of the Comprehensive Plan and makes related amendments to the Comprehensive Plan. AB 2011-255 (Ordinance 2011-34) Adopted 7-0

Action Taken at September 13, 2011 Meeting

Shall the council:

134. Approve the intergovernmental framework agreement, uplands lease agreement and tidelands lease agreement for Lummi Island ferry usage at Gooseberry Point? (hearing held) The agreements are the product of years of negotiation between Whatcom County and the Lummi Nation. The leases terms are for thirty-five years (2011 through 2046). The tidelands lease is $16,667 per month with annual adjustments for the consumer price index. The lease covers the area of tidelands owned by the United States and held in trust for the Lummi Nation over which a portion of the ferry dock is constructed. The county will dedicate $6 million in three installments (yars one, six and 15) for road, traffic/pedestrian safety improvements to street and sidewalks approaching the staging area for the ferry operation. (AB 2011-238) Approved 5-2, Barbara Brenner4 and Tony Larson opposed.

135. Authorize the executive to accept a $3,390,024 state grant to provide funding for substance abuse, prevention, treatment and outreach? The grant is for two years, requiring a county match of about ten percent. According to their formula it would come to $11,111 for every $l00,000 of the grant. It runs from 7/1/2011 through 6/30/2013. (AB 2011-285) Approved 7-0

136. Authorize the executive to accept a $793,815 federal grant to enhance law enforcement preparedness along the international border? The U.S. Department of Homeland Security/Operation Stonegarden grant will be used for operational overtime and mileage and the purchase of needed equipment. Participating agencies are the Bellingham, Blaine, Everson, Ferndale, Lynden and Sumas police departments and the sheriff’s department. The grant runs from 8/1/2010 through 6/30/2013. (AB 2011-286) Approved 7-0

137. Authorize the executive to sign a $163,838 contract with BergerABAM of Federal Way to design seismic retrofits for the Dakota Creek bridge on Portal Way? The seven-span structure was constructed on Highway 99 in the 1920s. The retrofit will address serious seismic deficiencies, strengthening the superstructure and portions of the substructure to withstand earthquakes. The total estimated cost of the project is between $1,700,000 and $2,200,000. When the design is completed the county will apply to the state Bridge Replacement Advisory Committee for grant funds. (AB 2011-287) Approved 4-3 Barbara Brenner,5 Tony Larson and Ken Mann opposed.

138. Authorize the executive to sign a $60,004 contract (amendment #1) with Rosario Archaeology of Bellingham for additional services to complete the Charel Terrace drainage improvement project? (Council acting as the flood control district board of supervisors) The project which is an archaeological site on Birch Point, requires monitoring and employment of specialized methods to ensure compliance with federal regulations. The additional funds are for site designations, extra excavation crews, and modifications to the final design layout. Funding is from fees collected through the Birch Bay Watershed and Aquatic Resources Management District. This amendment brings the total contract to $74,526. (AB 2011-288) Approved 7-0

139. Authorize the executive to accept a $171,797 federal grant to support the Northwest Regional Drug Task Force? The sheriff’s office will receive $71,753, the prosecuting attorney’s office $33,766 and Bellingham police department $66,278. The money is to used to investigate and disrupt criminal organizations, with the main focus on criminal gun, gang and drug organizations. The grant runs from 7/1/2011 through 6/30/2012. (AB 2011-289) Approved 7-0

140. Authorize the executive to sign a $131,087 contract for five sheriff’s department vehicles? The vehicles will be purchased from Columbia Ford of Longview, the Washington State contract vendor. The cost of each Ford Crown Victoria Police Interceptor vehicle is $26,217. They replace three vehicles purchased in 2001, one in 2002 and one in 2003 The milage varies from a minimum of 132,124 to a maximum of 144,350. (AB 2011-290) Approved 7-0

141. Authorize the executive to award the low bid of 198,072 to HB Hansen Construction of Lynden for construction of Lily Point trailhead and parking lot? A state grant will fund the work. The work was advertised and four bids were received. (AB 2011-291) Approved 7-0

142. Adopt the annual six-year (2012–2017) transportation improvement program? (Public hearing held) State law requires counties to update their transportation plans yearly. The program establishes a list of needed capital improvements, eligibility for state and federal funds and sets the rate for impact fees. The 14-year (2012–2025) ferry capital program is attached. AB 2011-267 (Resolution 2011-25) Amended and approved 7-0

143.Order the cancellation of uncollected money for parking violations? Tickets that are $5 or less are not sent collection notices. There are 97 parking tickets issued from 9/1/2009 through 8/31/2010 with unpaid violations; the uncollectible fines total $485. AB 2011-282 (Resolution 2011-26) Approved 7-0

144. Order the cancellation of uncashed checks issued before 8/1/2010? There are 152 uncashed checks totaling $8,731. Whatcom County has 129 uncashed checks totaling $3,966 and the NW Park and Rec. District, NW Regional Council, eight fire and water districts have 23 uncashed checks totaling $4,764. The money will be held for one year and then transferred to the state of Washington as abandoned property where it will be available to the payee indefinitely. AB 2011-283 (Resolution 2011-27) Approved 7-0

145. Support the Bureau of Land Management designation of a National Conservation Area in the San Juan Islands? The Whatcom County area includes Chuckanut Rock, Lummi Rocks and Carter Point. The designation allows Whatcom County citizens input into management of these areas. The resolution was passed with the inclusion of the council’s statement that the designation will not create restrictions on current recreational and commercial water uses. AB 2011-271 (Resolution 2011-28) Substitute approved 7-0

146. Approve recommendations for the expenditure of national forest-related federal funds? In 2012, Whatcom County will receive approximately $1,286,000. Federal law requires that counties spend 80 percent of the federal funds received under Public Laws 106-393 and 110-243 for public schools ($514,400) and roads ($514,400). This vote suggests how the other twenty percent (257,200) should be spent: search, rescue and emergency services, staffing of community services work camps, the purchase of easements, forest related education, fire prevention, county planning and forestry. A committee appointed by the U.S. Secretary of Agriculture makes the final decision for Whatcom and Skagit counties. AB 2011-280 (Resolution 2011-29) Approved 7-0

147. Close the Whatcom County Mental Health and Substance Abuse Revolving Fund? The $3,000 checking account operated as a revolving petty cash account has not been used since 2003 and is no longer needed. The account balance will be returned to the general fund. AB 2011-259 (Ordinance 2011-35) Adopted 7-0

148. Amend the 2011 budget (request #8) in the amount of $113,984? Appropriate: $40,000 for the Starkenburg-Kroontje contract for legal assistance regarding the Growth Management Act hearing board case; $14,675 for the East Whatcom Regional Resource Center maintenance and operations lease agreement; $59,309 to the sheriff to reinstate two patrol deputy positions. AB 2011-269 (Ordinance 2011-36) Adopted 7-0

149. Amend the 2012 budget (request #1) in the amount of $229,415? Appropriate: $47,400 for the East Whatcom Regional Resource Center maintenance and operations lease agreement and $182,015 to the sheriff for reinstatement of two patrol deputy positions. AB 2011-270 (Ordinance 2011-37) Adopted 7-0

1 - 5Barbara Brenner's comments appear in the printed edition only.


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