March 7, 2017


 MARCH 7, 2017
Council Committee Agendas                    Agenda PDF
County Council Agenda
                            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 7:00 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 COMMITTEE AGENDAS

   
NATURAL RESOURCES COMMITTEE  
Members: Todd Donovan, Satpal Sidhu, Carl Weimer 
9:30 a.m. Tuesday, March 7, 2017

Council Chambers, 311 Grand Avenue, Bellingham
Special Presentation

1. Whatcom County Parks and Recreation Department staff to present a summary of work completed in developing the draft Birch Bay Community Park Master Plan (AB2016-185A)
Committee Discussion

1. Discussion of a proposed ordinance amending Whatcom County Code Chapter 2.27A, Aquatic Invasive Species, to further define and enhance the Aquatic Invasive Species Program (ordinance scheduled for introduction this evening) (AB2017-084)
Committee Discussion and Recommendation to Council

1. Request authorization to grant the Washington State Department of Fish and Wildlife an easement on park property located on the south end of Lake Whatcom for the purpose of construction and maintenance of a fish hatchery and stream bank on Brannian Creek (AB2017-091)
Other Business
FINANCE AND ADMINISTRATIVE SERVICES COMMITTEE 
Members: Rud Browne, Ken Mann, Satpal Sidhu  
11:00 a.m. Tuesday, March 7, 2017
Council Chambers, 311 Grand Avenue, Bellingham
County Executive’s Report
Special Presentations

1. Port of Bellingham/Associate Development Organization (ADO) economic development update (AB2017-069)

2. Human Resources semiannual report to Council (AB2017-068)

3. Finance Department quarterly financial report to Council (AB2017-068)

Committee Discussion

1. Discussion of a proposed ordinance amending the Whatcom County Unified Fee Schedule relating to the Aquatic Invasive Species Program (ordinance scheduled for introduction this evening) (AB2017-085)
Committee Discussion and Recommendations to Council

1. Request approval for the County Executive to enter in to a contract between Whatcom County and Commodity Credit Corporation for a 50% cost share for four purchase of development rights easements through the Agricultural Conservation Easement Grant Program, in the amount of $593,020 (AB2017-092)
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 
Immediately Following the Finance and Administrative Services Committee 
Tuesday, March 7, 2017

Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion

1. Discussion with Chief Civil Deputy Prosecutor Daniel Gibson regarding pending litigation, Swift Creek (AB2017-018) (No paper)
[Discussion of this item may take place in executive session (closed to the public) pursuant to RCW42.30.110 (1) (i)]
PUBLIC WORKS, HEALTH, AND SAFETY COMMITTEE 
Members: Todd Donovan, Ken Mann, Barbara Brenner 
1:30 p.m. Tuesday, March 7, 2017
Council Chambers, 311 Grand Avenue, Bellingham
Special Presentation

1. Sheriff’s Office annual report to Council (AB2017-068)
Committee Discussion

1. Presentation and discussion regarding traffic patterns and posted speed limits in the Marine Drive/Marietta area (from 2/7) (AB2017-062)
Other Business
SPECIAL COMMITTEE OF THE WHOLE 
Immediately Following the Public Works, Health, and Safety Committee Meeting 
(Meeting to begin no later than 2:30 p.m.)
Tuesday, March 7, 2017
Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion
1. Continuation of Council’s review of the 2016 Critical Areas Ordinance Update (AB2016-276K)
Review of additional staff proposed amendments (post-Planning Commission recommendation) related to:
  •  Article 6 - Wetlands 
  •  Article 7 - Habitat Conservation Areas 
  •  Article 3 - Geologically Hazardous Areas (tsunami hazard areas) 
  •  Article 9 - Definitions 
Review of certain questions, comments, and suggestions by Councilmembers related to:
  •  Overall (shall v. may) 
  •  Article 1 - Purpose 
  •  Article 2 - Administrative Provisions 
  •  Article 7 - Habitat Conservation Areas 
2. Discussion of proposed Comprehensive Plan amendments relating to the Cherry Point Urban Growth Area (ordinance scheduled for introduction this evening) (AB2017-063)
Committee Discussion and Recommendation to Council

1. Resolution initiating proposed Comprehensive Plan and zoning amendments (AB2017-083)
Other Business

COUNTY COUNCIL AGENDA

 
Please note the start time of 6:00 p.m.
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 
6:00 p.m. Tuesday, March 7, 2017
Council Chambers, 311 Grand Avenue, Bellingham
CALL TO ORDER  (Video Link)
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 

1. Video presentation to provide information related to the Supreme Court’s Hirst decision, followed by time for councilmembers to ask questions of state and local water experts (AB2016-309E)
Presented (Video Link) and discussed  (Video Link
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 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 (AB2016-309D)   (Video Link to Public Hearing and Council Discussion
Amended and adopted 4-3, Brenner, Mann, and Weimer opposed, Ordinance 2017-008

2. Ordinance establishing charges/fees for providing Advanced Life Support (ALS) Ambulance Transport Services in Whatcom County (AB2017-086) (Video Link)
Adopted 7-0, Ordinance 2017-009

3. Resolution to sell tax-title property by public auction, Request #TR2017-01 (AB2017-087A) (Video Link)
Approved 7-0, Resolution 2017-013
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. 
OTHER ITEMS

From Natural Resources Committee

1. Request authorization to grant the Washington State Department of Fish and Wildlife an easement on park property located on the south end of Lake Whatcom for the purpose of construction and maintenance of a fish hatchery and stream bank on Brannian Creek (AB2017-091)  (Video Link)
Approved 7-0

From Finance and Administrative Services Committee


1. Request approval for the County Executive to enter in to a contract between Whatcom County and Commodity Credit Corporation for a 50% cost share for four purchase of development rights easements through the Agricultural Conservation Easement Grant Program, in the amount of $593,020 (AB2017-092) (Video Link)
Approved 7-0

From Special Committee of the Whole

1. Resolution initiating proposed Comprehensive Plan and zoning amendments (AB2017-083)
Held in Committee
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. Appointment to Portage Bay Shellfish Protection District Advisory Committee, applicant: Michael Shepard (AB2017-072) (Video Link)
Appointed 7-0
EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES (Video Link)
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. 

1. Request confirmation of County Executive’s appointment of Sonja Max to fill the District at-Large position on the Parks and Recreation Commission (AB2017-093)
Confirmed 7-0

2. Request confirmation of County Executive’s appointment of Kristi Roberts and Matthew McDermott to the Whatcom County Agricultural Advisory Committee (AB2017-094)
Confirmed 7-0
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 amending the Comprehensive Plan relating to the Cherry Point Urban Growth Area (AB2017-063)
Held in Committee

2. Ordinance amending Whatcom County Code Chapter 2.27A to prevent the release and spread of Aquatic Invasive Species (AB2017-084)
Substitute Introduced 7-0 

3. Ordinance amending the Whatcom County Unified Fee Schedule (AB2017-085)
Introduced 7-0

4. Ordinance amending Ordinance 2014-075 (establishment of the courthouse building envelope fund and budget) to include additional funding of $2,427,809 to cover the cost of scheduled maintenance and repairs (AB2017-095)
Introduced 7-0

5. Ordinance amending the 2017 Whatcom County Budget, third request, in the amount of $2,104,121 (AB2017-096)
Introduced 7-0

6. Resolution and request for a public hearing regarding Community Development Block Grant funding applications (AB2017-097)
Introduced 7-0

7. Ordinance authorizing interfund loans to finance cash flow for stormwater capital project budgets (AB2017-098)
Introduced 7-0

8. Ordinance amending Whatcom County Code 24.05, On-site Sewage System Regulations (AB2017-053A)
Introduced 7-0

9. Ordinance imposing an interim moratorium on the acceptance and processing of applications and permits for new or expanded facilities in the Cherry Point Urban Growth Area, the primary purpose of which would be the shipment of unrefined fossil fuels not to be processed at Cherry Point (AB2016-256B) - Agenda Revision
Introduced 7-0
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES  (Video Link)

From Finance and Administrative Services Committee: (Video Link)
Port of Bellingham/Associate Development Organization (ADO) Economic Development Update (AB2017-069)
Motion carried 7-0 to request that the administration create a request for proposals (RFP) for the designated Associate Development Organization (ADO) contract, given changes to the Comprehensive Plan regarding economic development.

Resolution condemning the recent hate crimes in Washington and other states (AB2017-102) (Video Link)
Approved 7-0, Resolution 2017-014
ADJOURN
The next regular council meeting is scheduled for 7 p.m. March 21, 2017, in the Council Chambers, 311 Grand Avenue, Bellingham.