About 11 months after voters approved the deannexation of a 573-acre portion of east Blaine — a process that will transfer the land to Whatcom County — the city of Blaine and the county have settled a dispute over the process.
The dispute began when Whatcom County appealed the plan with the county’s Boundary Review Board in January. The county cited concerns over the state of the roadways, which it felt were Blaine’s responsibility to repair before the land was deannexed.
The land being transferred to the county includes about 1.5 miles of H Street, which is in need of costly repairs. The county predicts the repairs will cost $1.25 million.
The city of Blaine and the county had prepared for a hearing before the Boundary Review Board, but they have now settled the dispute with an interlocal agreement that lays out the timeline for H Street repairs.
The Blaine City Council approved the interlocal agreement at its meeting on Sept. 28, and the county approved the agreement at a special meeting on Oct. 6.
Under the interlocal agreement, the county will be responsible for the H Street repairs, but the city of Blaine will reimburse the county for 20% of the project.
Blaine’s reimbursement cap is $250,000, which can be increased annually for inflation, with an inflation rate cap at 2%.
The city of Blaine will retain responsibility of the 1.5-mile portion of H Street until July 1, 2030, or until construction on the roadway begins.
During this period, the county will plan and design the repair project, and pursue grant funding.
For the city of Blaine, resolving the dispute with an interlocal agreement was a cheaper alternative than continuing with the Boundary Review Board process, city manager Mike Harmon wrote in an email.
Harmon believed that if the Boundary Review Board had decided in the city's favor, the county would have pursued further legal action regarding the deannexation process, which would have made the process more expensive.
“The combined costs of the proceedings and defending a lawsuit would likely exceed six figures, and we preferred to spend those tax dollars on road repairs rather than attorney’s fees,” Harmon wrote.
Harmon wrote that the city would have preferred to reimburse the county for less than 20% of the repairs costs, and the maintenance period is longer than the city would like, but the city accepted the agreement “in the spirit of good cooperation with the county.”
Whatcom County Public Affairs & Strategy Manager Jed Holmes wrote in an email that the county’s executive office is pleased with the interlocal agreement because it benefits county residents.
“The agreement represents a compromise that addresses the core concerns of each party,” Holmes wrote. “Most importantly, it’s a good outcome for the community, as it provides a path to bring this important arterial up to standard after many years of neglect.”
Harmon said the city is awaiting a stipulated order from the Boundary Review Board. Upon receiving the order, one last item will go before the city council for approval, which would complete the deannexation process.
