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 June 19, 2018
Agenda PDF
Agenda Packet PDF This is a large document. Download time will be long.
Community members who require special assistance to participate in our meetings are asked to contact our office at least 96 hours in advance.
As a courtesy to all meeting attendees, cellular phone use is prohibited in the council chambers.
Accessible parking is available near the Courthouse south entrance.
Our regular council meetings are broadcast on BTV10, Comcast channel 10, at 7 p.m. on the two Wednesdays following each Tuesday evening county council meeting.
OUR REGULAR COUNCIL MEETINGS CAN BE VIEWED LIVE AT https://www.youtube.com/user/WhatcomCountyGov
Council and Committee Meeting Rules of Procedure 

COUNCIL COMMITTEE AGENDAS

   
NATURAL RESOURCES COMMITTEE  
Members: Todd Donovan, Satpal Sidhu, Timothy Ballew
9:30 a.m. Tuesday, June 19, 2018

Council Chambers, 311 Grand Avenue, Bellingham
Special Presentation

1. Report from Whatcom County Parks and Recreation (AB2018-066)

Other Business
SPECIAL COMMITTEE OF THE WHOLE 
Immediately following the Natural Resources Committee Meeting 
Tuesday, June 19, 2018
Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion

1. Direction on Comprehensive Plan amendments requested by Council through Resolution 2018-015 relating to the Cherry Point Urban Growth Area (AB2018-076C)

Other Business
FINANCE AND ADMINISTRATIVE SERVICES COMMITTEE 
Members: Rud Browne, Tyler Byrd, Satpal Sidhu  
11 a.m. Tuesday, June 19, 2018
Council Chambers, 311 Grand Avenue, Bellingham
County Executive’s Report
Special Presentations 

1. Update from the Auditor’s Office on State reimbursement for return postage on ballots for the Primary and General Elections 2018 (AB2018-183)

Committee Discussion and Recommendations to Council

1. Ordinance amending the Whatcom County Budget, eighth request, in the amount of $44,642 (AB2018-178)

2. Ordinance amending Ordinance 2017-046 (establishment of the Triage Center Expansion Fund and establishment of a project based budget for the Triage Center Expansion Project) to add $1,000,000 of expenditure authority to the original project budget of $300,000, for a total amended project budget of $1,300,000 (AB2018-179)

3. Ordinance authorizing an interfund loan to continue financing of Central Plaza Building (AB2018-180)

4. Resolution authorizing the County Executive, through Parks Director Michael McFarlane, to make application and enter into a grant agreement between Whatcom County and the Washington state Recreation and Conservation Office for funding through the Washington Wildlife and Recreation program for the Maple Falls Park Trailhead Development, in the amount of $380,000 (AB2018-184)

5. Resolution authorizing the County Executive, through Parks Director Michael McFarlane, to make application and enter into a grant agreement between Whatcom County and the Washington state Recreation and Conservation Office for funding through the Washington Wildlife and Recreation program for the Lake Whatcom Park Trailhead & Trail Development 18-2035, in the amount of $500,000 (AB2018-185)

6. Resolution authorizing the County Executive, through Parks Director Michael McFarlane, to make application and enter into a grant agreement between Whatcom County and the Washington state Recreation and Conservation Office for funding through the Washington Wildlife and Recreation program for the Lookout Mountain Forest Preserve Trail Development 18-2034, in the amount of $150,000 (AB2018-186)

7. Resolution authorizing the County Executive, through Parks Director Michael McFarlane, to make application and enter into a grant agreement between Whatcom County and the Washington state Recreation and Conservation Office for funding through the Washington Wildlife and Recreation program for the Birch Bay Beach Park Development 18-1992, in the amount of $500,000 (AB2018-187)

8. Resolution of the Whatcom County Council updating the appendix of the 2015 Comprehensive Economic Development Strategy (CEDS) (AB2018-188)

Council "Consent Agenda" Items

1. Request authorization for the County Executive to enter into an interagency agreement between Whatcom County and Washington State Department of Commerce to receive state funds for conducting work relating to the new buildable land requirements of state law, in the amount of $225,000 (AB2018-189)

2. Request authorization for the County Executive to enter into a sale agreement between Whatcom County and Puget Sound Energy for a 45 foot wide utility easement along State Road 547 (Kendall Road) at the East Whatcom Regional Resource Center (AB2018-190)

3. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Kimberly K. Geariety, Attorney to extend negotiator services through June 30, 2020 to complete a bargaining cycle for five agreements, in the amount of $128,152, for a total amended contract amount of $214,528 (AB2018-191)

4. Request authorization for the County Executive to enter into a new Jail Facility Use Agreement between Whatcom County and the City of Everson, effective July 1, 2018 (AB2018-192)

5. Request authorization for the County Executive to enter into a new Jail Facility Use Agreement between Whatcom County and the City of Nooksack, effective July 1, 2018 (AB2018-193)

6. Request authorization for the County Executive to enter into a new Jail Facility Use Agreement between Whatcom County and the City of Sumas, effective July 1, 2018 (AB2018-194)

7. Request authorization for the County Executive to enter into a new Jail Facility Use Agreement between Whatcom County and the City of Ferndale, effective July 1, 2018 (AB2018-195)

8. Request authorization for the County Executive to enter into a new Jail Facility Use Agreement between Whatcom County and the City of Lynden, effective July 1, 2018 (AB2018-196)

9. Request authorization for the County Executive to enter into a new Jail Facility Use Agreement between Whatcom County and the City of Blaine, effective July 1, 2018 (AB2018-197)

10. Request authorization for the County Executive to enter into a new Jail Facility Use Agreement between Whatcom County and the City of Bellingham, effective July 1, 2018 (AB2018-198)

Other Business

SPECIAL COMMITTEE OF THE WHOLE 
9:30 a.m. Tuesday, April 19, 2016
Council Chambers, 311 Grand Avenue, Bellingham
Comprehensive Plan Chapter 11 and Appendix G

1. Audience members are invited to comment specifically on Whatcom County Comprehensive Plan Chapter 11, Environment, and Appendix G, Water Resources Program and Salmon Recovery Program (AB2016-047K(time limited to 15 minutes)

2. Discussion and preliminary Council direction on Comprehensive Plan Chapter 11, Environment, and Appendix G, Water Resources Program and Salmon Recovery Program (AB2016-047K(Council proposed amendments and additional information)
 Other Business

SPECIAL COMMITTEE OF THE WHOLE 
9:30 a.m. Tuesday, April 19, 2016
Council Chambers, 311 Grand Avenue, Bellingham
Comprehensive Plan Chapter 11 and Appendix G

1. Audience members are invited to comment specifically on Whatcom County Comprehensive Plan Chapter 11, Environment, and Appendix G, Water Resources Program and Salmon Recovery Program (AB2016-047K(time limited to 15 minutes)

2. Discussion and preliminary Council direction on Comprehensive Plan Chapter 11, Environment, and Appendix G, Water Resources Program and Salmon Recovery Program (AB2016-047K(Council proposed amendments and additional information)
 Other Business

COMMITTEE OF THE WHOLE 
1:15 P.M. Tuesday, June 19, 2018
Council Conference Room, 311 Grand Avenue, Bellingham
Committee Discussion

1. Discussion with Chief Civil Deputy Prosecutor Karen Frakes regarding pending litigation, Kortlever, et al. v. Whatcom County Jail (AB2018-018) (No Paper)
[Discussion of this item may take place in executive session (closed to the public) pursuant to RCW 42.30.110(1)(i)]

Other Business
SPECIAL COMMITTEE OF THE WHOLE 
2:15 p.m. Tuesday, June 19, 2018
Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion

1. Discussion with Health Department staff regarding Public Water System authority and processes contained within the Coordinated Water System Plan to address proposed water availability within service area boundaries (AB2018-199)

Other Business
PLANNING AND DEVELOPMENT COMMITTEE  
Members: Todd Donovan, Tyler Byrd, Barbara Brenner 
3 p.m. Tuesday, June 19, 2018

Council Chambers, 311 Grand Avenue, Bellingham
Special Presentation

1. Presentation from the Low Income Housing Institute (LIHI) regarding programs they have established to benefit low-income, homeless, and formerly homeless people in Washington State (AB2018-201)

Other Business

COUNTY COUNCIL AGENDA

 
As a courtesy to all meeting attendees, cellular phone use is prohibited in the council chambers,

Accessible parking is available near the Courthouse south entrance.

Our regular council meetings are broadcast on BTV10, Comcast channel 10, at 7:00 p.m. on the two Wednesdays following each Tuesday evening county council meeting.

COUNCIL COMMITTEE SCHEDULES



COUNCIL NATURAL RESOURCES COMMITTEE
Members:  Barry Buchanan, Rud Browne, Carl Weimer
9:30 a.m. Tuesday, , 2015
Council Chambers, 311 Grand Avenue

Committee Discussion 



Committee Discussion and Recommendations to Council



Other Business
___________________________________________________________________________________

COUNCIL FINANCE AND ADMINISTRATIVE SERVICES COMMITTEE
Members:  Rud Browne, Barry Buchanan, Ken Mann
11 a.m. Tuesday, , 2015
Council Chambers, 311 Grand Avenue

Executive Reports



Committee Discussion



Committee Discussion and Recommendations to Council



Committee Discussion and Recommendations to Council 


(Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Council "Consent Agenda" Items



Other Business

___________________________________________________________________________________

PUBLIC WORKS, HEALTH, AND SAFETY COMMITTEE
Members:  Barbara Brenner, Pete Kremen, Ken Mann
1:30 p.m. Tuesday, , 2015
Council Chambers, 311 Grand Avenue

Committee Discussion 



Committee Discussion and Recommendation to Council



Other Business
___________________________________________________________________________________

PLANNING AND DEVELOPMENT COMMITTEE
Members:  Barbara Brenner, Rud Browne, Ken Mann
3 p.m. Tuesday, , 2015
Council Chambers, 311 Grand Avenue

Committee Discussion 



Committee Discussion and Recommendation to Council



Other Business
___________________________________________________________________________________

COUNCIL COMMITTEE OF THE WHOLE
--- p.m. Tuesday, January 27, 2015
Council Conference Room, 311 Grand Avenue

Committee Discussion


Other Business


 

COUNCIL AGENDA



REGULAR COUNCIL MEETING
7 p.m. Tuesday, , 2015
Council Chambers, 311 Grand Avenue

CALL TO ORDER
ROLL CALL
FLAG SALUTE
ANNOUNCEMENTS


If you will be handing out paperwork to councilmembers, please give one copy to the clerk for our office files.  Thank you.

SPECIAL PRESENTATION



CITIZEN BOARD AND COMMITTEE VACANCIES
Each agenda features at least one council-appointed citizen board, commission, or committee that currently has unfilled positions.  Council encourages qualified Whatcom county registered voters who are interested in participating in county government to submit an application for this or any committee vacancy. For more information or an application, please visit the Council website, or call, email, or visit the Council Office.



PUBLIC HEARINGS
Audience members who wish to address the council during a public hearing are asked to sign up at the back of the room before the meeting begins.  The council chair will ask those who have signed up to form a line at the podium.   Each speaker should state his or her name for the record and will be given three minutes to address the council. Council staff will keep track of time limits and inform speakers when they have thirty seconds left to conclude their comments.  When a large group of individuals supports the same position on an issue, we encourage the selection of one or two representatives to speak on behalf of the entire group.

OPEN SESSION (20 MINUTES)
During open session, audience members can speak to the council on any issue not scheduled for public hearing or related to the proposed Gateway Pacific Terminal project (GPT).  Each speaker should state his or her name for the record and will be given three minutes to address the council.  Council staff will keep track of time limits and inform speakers when they have thirty seconds left to conclude their comments. 



CONSENT AGENDA
Items under this section of the agenda may be considered in a single motion.  Councilmembers have received and studied background material on all items.  Committee review has taken place on these items, as indicated.  Any member of the public, administrative staff, or council may ask that an item be considered separately.

From Finance and Administrative Services Committee

OTHER ITEMS

From Natural Resources Committee



From Finance and Administrative Services Committee



From Public Works, Health, and Safety Committee



From Planning and Development Committee



No Committee Assignment



COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 
Per Whatcom County Code 2.03.060 and 100.02.080, applications for council-appointed and FCZD board of supervisor-appointed citizen boards, commissions, and committees may be accepted until 10:00 a.m. on Tuesday of the week prior to the regularly scheduled council meeting at which nominations and possible vote to appoint are scheduled to occur. 



EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
Per Whatcom County Code 2.03.070(B), the council must confirm or reject executive appointments within 30 days of submission to the council. County code deems the appointee confirmed if council does not take action within this time. 

INTRODUCTION ITEMS 
Council action will not be taken.  The council may accept these items for introduction (no action) in a single motion.  Changes, in terms of committee assignment for example, may be made at this time.

COMMITTEE CHAIR REPORTS

OTHER COUNCIL BUSINESS

COUNCILMEMBER UPDATES

ADJOURN

The next regular council meeting is scheduled for 7:00 p.m. Tuesday, , 2015, in the Council Chambers, 311 Grand Avenue.
REGULAR COUNCIL MEETING 
7 p.m. Tuesday, June 19, 2018
Council Chambers, 311 Grand Avenue, Bellingham
CALL TO ORDER (Video Link)
ROLL CALL
Councilmembers Present: Ballew, Brenner, Buchanan, Byrd, Sidhu, Donovan
Absent: Browne
FLAG SALUTE
ANNOUNCEMENTS
If you plan to hand out paperwork to councilmembers, please provide one copy to council staff for our files. Thank you.
MINUTES CONSENT  (Video Link)

1. Special Committee of the Whole (AM) for May 8, 2018 - Approved Consent 6-0
2. Special Committee of the Whole (PM) for May 8, 2018 - Approved Consent 6-0
3. Regular County Council for May 8, 2018 - Approved Consent 6-0
4. Committee of the Whole for May 22, 2018 - Approved Consent 6-0
5. Regular County Council for May 22, 2018 - Approved Consent 6-0
6. Special Committee of the Whole for June 5, 2018 - Approved Consent 6-0
7. Regular County Council for June 5, 2018 - Approved Consent 6-0

PUBLIC HEARINGS
Audience members who wish to address the council during a public hearing are asked to sign up at the back of the room before the meeting begins.  The council chair will ask those who have signed up to form a line at the podium.   Each speaker should state his or her name for the record and will be given three minutes to address the council. Council staff will keep track of time limits and inform speakers when they have thirty seconds left to conclude their comments.  When a large group of individuals supports the same position on an issue, we encourage the selection of one or two representatives to speak on behalf of the entire group.

1. Resolution authorizing use and establishing expenditure authority for Point Roberts Transportation Benefit District Tax revenue funds for Tyee Drive streetscape corridor landscape maintenance (Council acting as the governing body for the Point Roberts Transportation Benefit District) (AB2018-174)  (Video Link)
Approved 5-1, Brenner opposed, Resolution 2018-019

2. Ordinance adopting amendments to the Point Roberts and Wiser Lake LAMIRD requirements (AB2018-177)  (Video Link)
Adopted 6-0, Ordinance 2018-035 and Ordinance 2018-035 Strike

OPEN SESSION (20 MINUTES)  (Video Link)
During open session, audience members can speak to the council on any issue not scheduled for public hearing this evening.  Each speaker should state his or her name for the record and will be given three minutes to address the council.  Council staff will keep track of time limits and inform speakers when they have thirty seconds left to conclude their comments. 
CONSENT AGENDA (Video Link)
Items under this section of the agenda may be considered in a single motion. Councilmembers have received and studied background material on all items. Committee review has taken place on these items, as indicated. Any member of the public, administrative staff, or council may ask that an item be considered separately.

From Finance and Administrative Services Committee

1. Request authorization for the County Executive to enter into an interagency agreement between Whatcom County and Washington State Department of Commerce to receive state funds for conducting work relating to the new buildable land requirements of state law, in the amount of $225,000 (AB2018-189)
Approved Consent 6-0

2. Request authorization for the County Executive to enter into a sale agreement between Whatcom County and Puget Sound Energy for a 45 foot wide utility easement along State Road 547 (Kendall Road) at the East Whatcom Regional Resource Center (AB2018-190)
Approved Consent 6-0

3. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Kimberly K. Geariety, Attorney to extend negotiator services through June 30, 2020 to complete a bargaining cycle for five agreements, in the amount of $128,152, for a total amended contract amount of $214,528 (AB2018-191)
Approved Consent 6-0

4. Request authorization for the County Executive to enter into a new Jail Facility Use Agreement between Whatcom County and the City of Everson, effective July 1, 2018 (AB2018-192)
Approved Consent 6-0

5. Request authorization for the County Executive to enter into a new Jail Facility Use Agreement between Whatcom County and the City of Nooksack, effective July 1, 2018 (AB2018-193)
Approved Consent 6-0

6. Request authorization for the County Executive to enter into a new Jail Facility Use Agreement between Whatcom County and the City of Sumas, effective July 1, 2018 (AB2018-194)
Approved Consent 6-0

7. Request authorization for the County Executive to enter into a new Jail Facility Use Agreement between Whatcom County and the City of Ferndale, effective July 1, 2018 (AB2018-195)
Approved Consent 6-0

8. Request authorization for the County Executive to enter into a new Jail Facility Use Agreement between Whatcom County and the City of Lynden, effective July 1, 2018 (AB2018-196)
Approved Consent 6-0

9. Request authorization for the County Executive to enter into a new Jail Facility Use Agreement between Whatcom County and the City of Blaine, effective July 1, 2018 (AB2018-197)
Approved Consent 6-0

10. Request authorization for the County Executive to enter into a new Jail Facility Use Agreement between Whatcom County and the City of Bellingham, effective July 1, 2018 (AB2018-198)
Approved Consent 6-0
OTHER ITEMS

From the Finance and Administrative Services Committee

1. Ordinance amending the Whatcom County Budget, eighth request, in the amount of $44,642 (AB2018-178)  (Video Link)
Adopted 6-0, Ordinance 2018-036

2. Ordinance amending Ordinance 2017-046 (establishment of the Triage Center Expansion Fund and establishment of a project based budget for the Triage Center Expansion Project) to add $1,000,000 of expenditure authority to the original project budget of $300,000, for a total amended project budget of $1,300,000 (AB2018-179) (Video Link)
Adopted 6-0, Ordinance 2018-037

3. Ordinance authorizing an interfund loan to continue financing of Central Plaza Building (AB2018-180) (Video Link)
Adopted 6-0, Ordinance 2018-038

4. Resolution authorizing the County Executive, through Parks Director Michael McFarlane, to make application and enter into a grant agreement between Whatcom County and the Washington state Recreation and Conservation Office for funding through the Washington Wildlife and Recreation program for the Maple Falls Park Trailhead Development, in the amount of $380,000 (AB2018-184) (Video Link)
Approved 6-0, Resolution 2018-020

5. Resolution authorizing the County Executive, through Parks Director Michael McFarlane, to make application and enter into a grant agreement between Whatcom County and the Washington state Recreation and Conservation Office for funding through the Washington Wildlife and Recreation program for the Lake Whatcom Park Trailhead & Trail Development 18-2035, in the amount of $500,000 (AB2018-185) (Video Link)
Approved 6-0, Resolution 2018-021

6. Resolution authorizing the County Executive, through Parks Director Michael McFarlane, to make application and enter into a grant agreement between Whatcom County and the Washington state Recreation and Conservation Office for funding through the Washington Wildlife and Recreation program for the Lookout Mountain Forest Preserve Trail Development 18-2034, in the amount of $150,000 (AB2018-186) (Video Link)
Approved 6-0, Resolution 2018-022

7. Resolution authorizing the County Executive, through Parks Director Michael McFarlane, to make application and enter into a grant agreement between Whatcom County and the Washington state Recreation and Conservation Office for funding through the Washington Wildlife and Recreation program for the Birch Bay Beach Park Development 18-1992, in the amount of $500,000 (AB2018-187)  (Video Link)
Approved 6-0, Resolution 2018-023

8. Resolution of the Whatcom County Council updating the appendix of the 2015 Comprehensive Economic Development Strategy (CEDS) (AB2018-188)  (Video Link)
Amended and Approved 6-0, Resolution 2018-024

No Committee Assignment

9. Ordinance (emergency) adopting emergency zoning regulations for the siting, establishment, and operation of temporary tent encampments (AB2018-182) (Video Link)
Adopted 6-0, Ordinance 2018-039

COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 
Per Whatcom County Code 2.03.060 and 100.02.080, applications for council-appointed and Flood Control Zone District board of supervisor-appointed citizen boards, commissions, and committees may be accepted until 10:00 a.m. on Tuesday of the week prior to the regularly scheduled council meeting at which nominations and possible vote to appoint are scheduled to occur. 

1. Appointments to the Whatcom County Business and Commerce Advisory Committee, 13 vacancies (committee advises the Whatcom County Council on issues, including regulations and policies that could impact local businesses, industry, or economic development) (AB2018-132B) (Video Link)
This item was held to the next Council meeting.  

INTRODUCTION ITEMS  (Video Link)
Council action will not be taken. The council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time.

1. Ordinance establishing parking restrictions within ten feet of U.S. mailboxes on all county roads (AB2018-200)
Introduced 6-0

2. Ordinance adopting interim zoning regulations for the siting, establishment, and operation of temporary tent encampments (AB2018-182A
Withdrawn and held to the next Council meeting.

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES (Video Link)
ADJOURN
The next regular council meeting is scheduled for 7 p.m. July 10, 2018, in the Council Chambers, 311 Grand Avenue, Bellingham.