April 18, 2017


 April 18, 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 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, April 18, 2017

Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion and Recommendation to Council

1. Resolution approving the Birch Bay Community Park Master Plan (AB2016-185B)

2. Resolution requesting the State Legislature amend the Growth Management Act to clarify that counties can rely on Department of Ecology guidance for determining legal water availability (AB2017-129)
Other Business
FINANCE AND ADMINISTRATIVE SERVICES COMMITTEE 
Members: Rud Browne, Ken Mann, Satpal Sidhu  
11 a.m., Tuesday, April 18, 2017 (meeting to adjourn no later than 12:30 p.m.)
Council Chambers, 311 Grand Avenue, Bellingham
County Executive’s Report
Committee Discussion and Recommendations to Council

1. Request confirmation of the County Executive’s re-designation of the Port of Bellingham as the County’s ADO (Associate Development Organization) to coordinate community and economic development services with the Washington State Department of Commerce (AB2017-069A) - Agenda Revision: This item was moved from item 7 to item 1 in this section of the agenda.

2. Ordinance amending Ordinance 2014-073 (establishment of the 2015 Courthouse Fire Alarm System and Juvenile Roof Improvement Fund and a project based budget for the Courthouse Fire Alarm System and Juvenile Roof Improvements) to add additional expenditure authority and change the title of the fund to “Courthouse Improvement Fund” (AB2017-125)

3. Ordinance amending the 2017 Whatcom County Budget, fourth request, in the amount of $382,327 (AB2017-126)

4. Ordinance amending Ordinance 2014-083 (establishment of the Cedar Hills/Euclid Storm Water Improvements Fund and a project based budget for the Cedar Hills/Euclid Storm Water Improvements) for the fourth time to add $36,909 of expenditure authority, for a total amended project budget in the amount of $1,792,495 (AB2016-275B)

5. Ordinance amending Ordinance 2012-050 (establishment of the Birch Bay Drive and Pedestrian Facility Project Fund and a project based budget for the Birch Bay Drive and Pedestrian Facility) for the third time to add $900,000 of expenditure authority, for a total amended project budget in the amount of $3,600,000 (AB2017-079A)

6. Resolution setting a hearing to sell tax-title property by public auction, Req. #TR2017-02 (AB2017-131)

7. Resolution setting a hearing to sell tax-title property by public auction, Req. #TR2017-03 (AB2017-132)

8. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Fire District #4 to reimburse the district for lost revenue resulting from passage of the countywide EMS levy (AB2017-136)

9. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Fire District #11 to reimburse the district for lost revenue resulting from passage of the countywide EMS levy (AB2017-137)

10. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Fire District #16 to reimburse the district for lost revenue resulting from passage of the countywide EMS levy (AB2017-138)

Council "Consent Agenda" Items
1. Request authorization for the County Executive to enter into a one year residential lease agreement between Whatcom County and Michael Atkins and Maria Palileo for lease of 5305 Nielsen Road, located within Hovander Homestead Park, for the monthly amount of $950 (AB2017-133)

2. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Sumas to operate a senior activity center program at the Sumas Community Center (AB2017-134)

3. Request approval for the County Executive to authorize the purchase of radios and related accessories (as needed) using Washington State Contract #06913 from vendors Harris FRCD, JVC Kenwood, and Motorola Solutions, in an amount not to exceed $100,000 (AB2017-135)

 Special Presentation  - Agenda Revision: This item was moved from the beginning of the meeting to the end.
1. Presentation regarding the Sylvia Center for the Arts (AB2017-130)
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 
1:30 p.m., Tuesday, April 18, 2017
Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion - Council Conference Room
1. Consideration of appeal of the Hearing Examiner’s decision on File No. SHR2015-0003, filed by Kristine Williams and Thad Anderson regarding Deming Speedway access road (AB2016-367) No Paper
[discussion of this item may take place in executive session (closed to the public) pursuant to RCW 42.30.110 (1)(i)]

Committee Discussion - Council Chambers
1. Continuation of Council’s review of the 2016 Critical Areas Ordinance Update (AB2016-276K)

Review of certain questions, comments, and suggestions by staff and Councilmembers related to:
• Article 3 - Geologically Hazardous Areas (tsunami hazard areas) Agenda Revision
• Global Issues
• Article 2 - Administrative Provisions
• Article 4 – Frequently Flooded Areas
• Article 5 – Critical Aquifer Recharge Areas
• Article 6 – Wetlands

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, April 18, 2017
Council Chambers, 311 Grand Avenue, Bellingham
CALL TO ORDER (Video Link)
ROLL CALL
FLAG SALUTE
ANNOUNCEMENTS   (Video Link)
If you will be handing out paperwork to councilmembers, please give one copy to the clerk for our office files. Thank you.

1. Consideration of appeal of the Hearing Examiner’s decision on File No. SHR2015-0003 by Kristine Williams and Thad Anderson, regarding Deming Speedway access road (AB2016-367) No Paper
Hearing Examiner decision upheld 7-0

MINUTES CONSENT   (Video Link)

1. Special Committee of the Whole (Executive Session) for March 7, 2017
Approved Consent 7-0

2. Special Committee of the Whole (Open Meeting) for March 7, 2017
Approved Consent 7-0

3. Regular County Council for March 7, 2017
Approved Consent 7-0

4. Surface Water Work Session for March 14, 2017
Approved Consent 7-0

5. Special Committee of the Whole (Executive Session) for March 14, 2017
Approved Consent 7-0

6. Special Committee of the Whole (Open Meeting) for March 14, 2017
Approved Consent 7-0

7. Special Committee of the Whole (Executive Session) for March 21, 2017
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 repealing and replacing Whatcom County Code Chapter 2.44 and amending Whatcom County Code Chapter 3.37 to integrate the Behavioral Health Advisory Board and Chemical Dependency/Mental Health Program Fund Oversight Advisory Committee into a single Behavioral Health Advisory Committee (AB2017-124)   (Video Link)
Adopted 7-0, Ordinance 2017-018

2. Ordinance adopting interim amendments to the Whatcom County Comprehensive Plan and the 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 (AB2016-309F)  (Video LInk) (public comment and council discussion)
Adopted 5-2, Brenner and Mann opposed, Ordinance 2017-019

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 a one year residential lease agreement between Whatcom County and Michael Atkins and Maria Palileo for lease of 5305 Nielsen Road, located within Hovander Homestead Park, for the monthly amount of $950 (AB2017-133)
Approved Consent 7-0

2. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the City of Sumas to operate a senior activity center program at the Sumas Community Center (AB2017-134)
Approved Consent 7-0

3. Request approval for the County Executive to authorize the purchase of radios and related accessories (as needed) using Washington State Contract #06913 from vendors Harris FRCD, JVC Kenwood, and Motorola Solutions, in an amount not to exceed $100,000 (AB2017-135)
Approved Consent 7-0

OTHER ITEMS

From the Natural Resources Committee
1. Resolution approving the Birch Bay Community Park Master Plan (AB2016-185B)   (Video Link)
Amended and approved 6-1, Mann opposed, Resolution 2017-018

2. Resolution requesting the State Legislature amend the Growth Management Act to clarify that counties can rely on Department of Ecology guidance for determining legal water availability (AB2017-129)   (Video Link)
Substitute amended and approved 6-1, Donovan opposed, Resolution 2017-019

From the Finance and Administrative Services Committee

1. Ordinance amending Ordinance 2014-073 (establishment of the 2015 Courthouse Fire Alarm System and Juvenile Roof Improvement Fund and a project based budget for the Courthouse Fire Alarm System and Juvenile Roof Improvements) to add additional expenditure authority and change the title of the fund to “Courthouse Improvement Fund” (AB2017-125)   (Video Link)
Adopted 7-0, Ordinance 2017-020

2. Ordinance amending the 2017 Whatcom County Budget, fourth request, in the amount of $382,327 (AB2017-126)   (Video Link)
Adopted 7-0, Ordinance 2017-021

3. Ordinance amending Ordinance 2014-083 (establishment of the Cedar Hills/Euclid Storm Water Improvements Fund and a project based budget for the Cedar Hills/Euclid Storm Water Improvements) for the fourth time to add $36,909 of expenditure authority, for a total amended project budget in the amount of $1,792,495 (AB2016-275B)   (Video Link)
Adopted 7-0, Ordinance 2017-022

4. Ordinance amending Ordinance 2012-050 (establishment of the Birch Bay Drive and Pedestrian Facility Project Fund and a project based budget for the Birch Bay Drive and Pedestrian Facility) for the third time to add $900,000 of expenditure authority, for a total amended project budget in the amount of $3,600,000 (AB2017-079A)   (Video Link)
Adopted 7-0, Ordinance 2017-023

5. Resolution setting a hearing to sell tax-title property by public auction, Req. #TR2017-02 (AB2017-131)   (Video Link)
Approved 7-0, Resolution 2017-020

6. Resolution setting a hearing to sell tax-title property by public auction, Req. #TR2017-03 (AB2017-132)   (Video Link)
Approved 7-0, Resolution 2017-021

7. Request confirmation of the County Executive’s re-designation of the Port of Bellingham as the County’s ADO (Associate Development Organization) to coordinate community and economic development services with the Washington State Department of Commerce (AB2017-069A)   (Video Link)
Approved 7-0

8. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Fire District #4 to reimburse the district for lost revenue resulting from passage of the countywide EMS levy (AB2017-136)   (Video Link)
Approved 7-0

9. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Fire District #11 to reimburse the district for lost revenue resulting from passage of the countywide EMS levy (AB2017-137)   (Video Link)
Approved 7-0

10. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Fire District #16 to reimburse the district for lost revenue resulting from passage of the countywide EMS levy (AB2017-138)   (Video Link)
Approved 7-0

No Committee Assignment
13. Ordinance amending Whatcom County Code 20.92.645, Time Limits, related to appeals to County Council (AB2017-114)   (Video Link)
Adopted 7-0, Ordinance 2017-024

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 the Wildlife Advisory Committee, applicant: Caanan Cowles (AB2017-113)   (Video Link)
Appointed Caanan Cowles 7-0

2. Appointment to the Noxious Weed Control Board, applicant: Patricia Lenssen (AB2017-128)   (Video Link)
Appointed Patricia Lenssen 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. Resolution to sell tax-title property by public auction, Req. #TR2017-02 (AB2017-131A)
Introduced 7-0

2. Resolution to sell tax-title property by public auction, Req. #TR2017-03 (AB2017-132A)
Introduced 7-0

3. Ordinance adopting Whatcom County Comprehensive Plan amendments relating to the Cherry Point Urban Growth Area (AB2017-063A)
Introduced 7-0

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES   (Video Link)
ADJOURN
The next regular council meeting is scheduled for 7 p.m. May 2, 2017, in the Council Chambers, 311 Grand Avenue, Bellingham.