November 22, 2016


 November 22, 2016
Agenda PDF                        Agenda Packet PDF Download time will be long.
OUR REGULAR COUNCIL MEETINGS CAN BE VIEWED LIVE AT https://www.youtube.com/user/WhatcomCountyGov

COUNCIL COMMITTEE AGENDAS

   
SPECIAL COMMITTEE OF THE WHOLE 
9:30 a.m.Tuesday, November 22, 2016
Council Chambers, 311 Grand Avenue, Bellingham
Special Presentation

1. Discussion and formulation of recommendations related to the proposed ordinance adopting the 2017-2018 Whatcom County Budget (ordinance scheduled for public hearing this evening) (AB2016-198C)

Other Business
FINANCE AND ADMINISTRATIVE SERVICES COMMITTEE 
Members:  Rud Browne, Ken Mann, Satpal Sidhu
11:00 a.m. Tuesday, November 22, 2016
Council Chambers, 311 Grand Avenue, Bellingham
County Executive’s Report
Committee Discussion and Recommendations to Council

1. Ordinance establishing the Sudden Valley Stormwater Improvements Fund and establishing a project-based budget for the Sudden Valley Stormwater Improvements Project (AB2016-326)

2. Ordinance establishing the Hovander Park Building Improvements Fund and establishing a project- based budget for the Hovander Park Building Improvements Project (AB2016-327)

3. Ordinance establishing the Lake Whatcom Trail Development Fund and establishing a project-based budget for the Lake Whatcom Park Trail Development Project (AB2016-328)

4. Ordinance amending Ordinance 2014-080 (establishment of the Academy Road Stormwater Improvements Fund and Academy Road Stormwater Improvements Project-Based Budget) to request additional appropriation authority, in the amount of $98,000 (AB2016-329)

5. Ordinance amending Ordinance 2014-081 (establishment of the Agate Heights/Estate Bay Lane Stormwater Improvements Fund and Agate Heights Estate/Bay Lane Stormwater Improvements Project-Based Budget) to request additional appropriation authority, in the amount of $170,000 (AB2016-330)

6. Ordinance amending Ordinance 2014-083 (establishment of the Cedar Hills/Euclid Stormwater Improvements Fund and Cedar Hills/Euclid Stormwater Improvements Project-Based Budget) to request additional appropriation authority, in the amount of $200,000 (AB2016-275A)

7. Ordinance amending the 2016 Whatcom County Budget, seventeenth request, in the amount of $2,336,646 (AB2016-331)

8. Ordinance closing the Rural Road Safety Program Fund 343 (AB2016-333)

9. Ordinance closing the Lake Whatcom Boulevard Re-Surfacing Fund 352 (AB2016-334)

10. Ordinance closing the Slater Rd/Nooksack River Bridge Fund 354 (AB2016-335)

11. Ordinance closing the Hannegan Rd Structural Overlay Project Fund 356 (AB2016-336)

12. Ordinance closing the Beaver Creek Stormwater Improvements Fund 366 (AB2016-337)

13. Request authorization for the County Executive to enter into a contract between Whatcom County Flood Control Zone District and Kulshan Services, LLC, for development and implementation of a stakeholder involvement plan and facilitation of stakeholder meetings to support the update of the Lower Nooksack River Comprehensive Flood Hazard Management Plan, in the amount of $60,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2016-353)

14. Request authorization for the County Executive to enter into a contract amendment between Whatcom County Flood Control Zone District and Washington State Department of Health for the Pollution Identification and Correction Program to extend the period of the grant agreement and increase the budget, in the amount of $155,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2016-354)

15. Request authorization for the County Executive to enter into a contract between Whatcom County Flood Control Zone District and Geneva Consulting Services for coordination of the Whatcom County Local Integrating Organization, in the amount of $67,302 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2016-355)

Council "Consent Agenda" Items

1. Request authorization for the County Executive to accept Sun Life Stop-Loss Policy for insurance protection for the 2017 self-insured medical program (AB2016-356)

2. Request authorization for the County Executive to enter into a contract between Whatcom County and Bellingham Whatcom County Tourism in support of operations as recommended by the Lodging Tax Advisory Committee, in the amount of $275,000 (AB2016-357)

3. Request authorization for the County Executive to enter into a contract between Whatcom County and Mount Baker Foothills Chamber of Commerce in support of Visitor Center operations as recommended by the Lodging Tax Advisory Committee, in the amount of $100,000 (AB2016-358)

4. Request authorization for the County Executive to enter into a contract between Whatcom County and Birch Bay Chamber of Commerce in support of operations as recommended by the Lodging Tax Advisory Committee, in the amount of $86,500 (AB2016-359)

5. Request authorization for the County Executive to enter into a contract between Whatcom County and Sustainable Connections in support of Savor Whatcom Food & Farms Regional Culinary & Agritourism program operations as recommended by the Lodging Tax Advisory Committee, in the amount of $30,000 (AB2016-360)

6. Request authorization for the County Executive to enter into a contract between Whatcom County and Whatcom Events in support of marketing and promotion of the Ski to Sea and Wondermud races as recommended by the Lodging Tax Advisory Committee, in the amount of $30,000 (AB2016-361)

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

SPECIAL COMMITTEE OF THE WHOLE 
2:00 p.m. Tuesday, November 22, 2016
Council Committee Room, 311 Grand Avenue, Bellingham
Committee Discussion

1. Discussion with Senior Deputy Prosecutor Karen Frakes regarding pending litigation, Hirst et al v. Whatcom County, GMHB Case No. 12-2-0013 (AB2016-018) [Discussion of this item may take place in executive session (closed to the public) pursuant to RCW42.30.110 (1) (i)]

Other Business
PLANNING AND DEVELOPMENT COMMITTEE 
Members:  Barbara Brenner, Todd Donovan, Carl Weimer
3:00 p.m. Tuesday, November 22, 2016
Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion

1. Discussion regarding a proposed ordinance adopting the current state building code and repealing the existing Title 15 of the Whatcom County Code (AB2016-289)

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 
 7:00 p.m. Tuesday, DATE, 2016
Council Chambers, 311 Grand Avenue, Bellingham
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.
MINUTES CONSENT

1. Special Committee of the Whole for June 14, 2016
Approved Consent 7-0

2. Surface Water Work Session for June 21, 2016
Approved Consent 7-0

3. Special Committee of the Whole for June 21, 2016
Approved Consent 7-0

4. Special Committee of the Whole (AM meeting) for June 28, 2016
Approved Consent 7-0

5. Regular County Council for June 28, 2016
Approved Consent 7-0

6. Regular County Council for July 12, 2016
Approved Consent 7-0

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. Ordinance authorizing the 2017 Whatcom County Unified Fee Schedule (AB2016-339)
Adopted 6-1, Brenner opposed, Ordinance 2016-049

 2. Ordinance authorizing the levy of taxes for Conservation Futures purposes for 2017 (AB2016-341)
Adopted 7-0, Ordinance 2016-050

 3. Ordinance authorizing the levy of 2017 property taxes for county road purposes (AB2016-342)
Adopted 7-0, Ordinance 2016-051

 4. Ordinance authorizing the levy of taxes for county and state purposes in Whatcom County, Washington, for the year of 2017 (AB2016-343)
Version Two with additional information adopted 5-2, Brenner and Browne opposed, Ordinance 2016-052

 5. Ordinance adopting the final budget of Whatcom County for the biennium 2017-2018 (AB2016-198C)
Substitute Adopted 6-1, Brenner opposed, Ordinance 2016-053

6. Resolution adopting the final 2017 budget of the Point Roberts Transportation Benefit District (Council acting as the Point Roberts Transportation Benefit District Governing Body) (AB2016-344)
Approved 7-0, Resolution 2016-045

7. Resolution adopting the 2017 budget for the Whatcom County Flood Control Zone District and Subzones (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2016-345)
Substitute Approved 7-0, Resolution 2016-046

8. Resolution adopting the Whatcom County Flood Control Zone District Six-Year Water Resources Improvement Program for the years 2017 through 2022 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2016-346)
Approved 7-0, Resolution 2016-047

9. Resolution authorizing the levy of taxes for the Whatcom County Flood Control Zone District for 2017 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2016-347)
Approved 6-1, Brenner opposed, Resolution 2016-048

OPEN SESSION (20 MINUTES)
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
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 accept Sun Life Stop-Loss Policy for insurance protection for the 2017 self-insured medical program (AB2016-356)
Approved Consent 7-0

2. Request authorization for the County Executive to enter into a contract between Whatcom County and Bellingham Whatcom County Tourism in support of operations as recommended by the Lodging Tax Advisory Committee, in the amount of $275,000 (AB2016-357)
Approved Consent 7-0

3. Request authorization for the County Executive to enter into a contract between Whatcom County and Mount Baker Foothills Chamber of Commerce in support of Visitor Center operations as recommended by the Lodging Tax Advisory Committee, in the amount of $100,000 (AB2016-358)
Approved Consent 7-0

4. Request authorization for the County Executive to enter into a contract between Whatcom County and Birch Bay Chamber of Commerce in support of operations as recommended by the Lodging Tax Advisory Committee, in the amount of $86,500 (AB2016-359)
Approved Consent 7-0

5. Request authorization for the County Executive to enter into a contract between Whatcom County and Sustainable Connections in support of Savor Whatcom Food & Farms Regional Culinary & Agritourism program operations as recommended by the Lodging Tax Advisory Committee, in the amount of $30,000 (AB2016-360)
Approved Consent 7-0

6. Request authorization for the County Executive to enter into a contract between Whatcom County and Whatcom Events in support of marketing and promotion of the Ski to Sea and Wondermud races as recommended by the Lodging Tax Advisory Committee, in the amount of $30,000 (AB2016-361)
Approved Consent 7-0

OTHER ITEMS

From Finance and Administrative Services Committee

1. Ordinance establishing the Sudden Valley Stormwater Improvements Fund and establishing a project-based budget for the Sudden Valley Stormwater Improvements Project (AB2016-326)
Adopted 7-0, Ordinance 2016-054

2.
Ordinance establishing the Hovander Park Building Improvements Fund and establishing a project- based budget for the Hovander Park Building Improvements Project (AB2016-327)
Adopted 7-0, Ordinance 2016-055

3. Ordinance establishing the Lake Whatcom Trail Development Fund and establishing a project-based budget for the Lake Whatcom Park Trail Development Project (AB2016-328)
Adopted 7-0, Ordinance 2016-056

4. Ordinance amending Ordinance 2014-080 (establishment of the Academy Road Stormwater Improvements Fund and Academy Road Stormwater Improvements Project-Based Budget) to request additional appropriation authority, in the amount of $98,000 (AB2016-329)
Adopted 7-0, Ordinance 2016-057

5. Ordinance amending Ordinance 2014-081 (establishment of the Agate Heights/Estate Bay Lane Stormwater Improvements Fund and Agate Heights Estate/Bay Lane Stormwater Improvements Project-Based Budget) to request additional appropriation authority, in the amount of $170,000 (AB2016-330)
Adopted 7-0, Ordinance 2016-058

6. Ordinance amending Ordinance 2014-083 (establishment of the Cedar Hills/Euclid Stormwater Improvements Fund and Cedar Hills/Euclid Stormwater Improvements Project-Based Budget) to request additional appropriation authority, in the amount of $200,000 (AB2016-275A)
Adopted 7-0, Ordinance 2016-059

7. Ordinance amending the 2016 Whatcom County Budget, seventeenth request, in the amount of $2,336,646 (AB2016-331)
Adopted 7-0, Ordinance 2016-060

8. Ordinance closing the Rural Road Safety Program Fund 343 (AB2016-333)
Adopted 7-0, Ordinance 2016-061

9. Ordinance closing the Lake Whatcom Boulevard Re-Surfacing Fund 352 (AB2016-334)
Adopted 7-0, Ordinance 2016-062

10. Ordinance closing the Slater Rd/Nooksack River Bridge Fund 354 (AB2016-335)
Adopted 7-0, Ordinance 2016-063

11. Ordinance closing the Hannegan Rd Structural Overlay Project Fund 356 (AB2016-336)
Adopted 7-0, Ordinance 2016-064

12. Ordinance closing the Beaver Creek Stormwater Improvements Fund 366 (AB2016-337)
Adopted 7-0, Ordinance 2016-065

13. Request authorization for the County Executive to enter into a contract between Whatcom County Flood Control Zone District and Kulshan Services, LLC, for development and implementation of a stakeholder involvement plan and facilitation of stakeholder meetings to support the update of the Lower Nooksack River Comprehensive Flood Hazard Management Plan, in the amount of $60,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2016-353)
Approved 7-0

14. Request authorization for the County Executive to enter into a contract amendment between Whatcom County Flood Control Zone District and Washington State Department of Health for the Pollution Identification and Correction Program to extend the period of the grant agreement and increase the budget, in the amount of $155,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2016-354)
Substitute Approved 5-1, Brenner opposed, Browne abstained

15. Request authorization for the County Executive to enter into a contract between Whatcom County Flood Control Zone District and Geneva Consulting Services for coordination of the Whatcom County Local Integrating Organization, in the amount of $67,302 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2016-355)
Approved 6-1, Brenner opposed

No Committee Discussion

16.   Resolution requesting that the County Executive prepare alternative financing options for selected water resource services
(AB2016-351)
Approved 7-0, Resolution 2016-049
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.

1. Receipt of application(s) for Wildlife Advisory Committee, applicant: Stephen Nyman (application deadline for any other applicants to this vacancy is 10 a.m. on November 29, 2016) (AB2016-349)
Received 7-0

2. Receipt of application(s) for 2 vacancies on the Flood Control Zone District Advisory Committee, applicant: Dale Buys (application deadline for any other applicants to this vacancy is 10 a.m. on November 29, 2016) (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2016-352)
Received 7-0

 3. Ordinance amending Ordinance 2012-050 establishing the Birch Bay Drive and Pedestrian Facility Project Fund and establishing a project based budget for CRP No. 907001 (AB2016-363)
Introduced 7-0

4. Ordinance amending Whatcom County Code Title 2, Chapter 2.120 Section 2.120.040 Membership-Term of Office for the Surface Mining Advisory Committee (AB2016-364)
Introduced 7-0

5. Ordinance amending the 2016 Whatcom County Budget, eighteenth request, in the amount of $598,994 (AB2016-365)
Introduced 7-0

6. Ordinance authorizing Whatcom County Sheriff’s Office Reserve Deputies to enroll in the Volunteer Firefighters’ and Reserve Officers’ Relief and Pension Act (RCW 41.24) (AB2016-366)
Substitute Introduced 7-0

7. Ordinance adopting interim amendments to the Whatcom County Comprehensive Plan and Whatcom County Code Title 15 (Buildings and Construction), Title 20 (Zoning), Title 21 (Land Division Regulations), and Title 24 (Health Code) relating to water resources) (related legislation: Ordinance No. 2016-048, which imposed an emergency moratorium on the acceptance and processing of applications and permits for subdivisions, building permits, and discretionary permits that rely on permit-exempt wells for water supply in closed basins) (AB2016-309A)
Substitute Introduced 7-0

8. Ordinance amending Whatcom County Code Chapter 6.04, Animal Control (AB2016-321)
Introduced 7-0

9. Ordinance amending Whatcom County Code 2.03, Boards and Commissions, to allow staggered terms when appointing members to boards, commissions, and committees returning from hiatus (AB2016-350)
Introduced 7-0

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UDPATES
ADJOURN
The next regular council meeting is scheduled for 7 p.m. December 6, 2016, in the Council Chambers, 311 Grand Avenue, Bellingham.