June 13, 2017


 JUNE 13, 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

   
SPECIAL COMMITTEE OF THE WHOLE 
 9:30 a.m. Tuesday, June 13, 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 certain questions, comments, and suggestions by staff and Councilmembers related to:
• Article 5 – Critical Aquifer Recharge Areas
• Article 8 – Conservation Program on Agriculture Lands
• Article 9 – Definitions

Other Business
FINANCE AND ADMINISTRATIVE SERVICES COMMITTEE 
Members: Rud Browne, Ken Mann, Satpal Sidhu  
11 a.m. Tuesday, June 13, 2017 (meeting scheduled to adjourn by 12:30 p.m.)
Council Chambers, 311 Grand Avenue, Bellingham
County Executive’s Report 

Committee Discussion and Recommendations to Council 

1. Ordinance repealing and replacing Whatcom County Code Chapter 1.18, Court Fines and Costs (AB2017-181)

2. Request authorization for the County Executive to enter into a credit transaction agreement between Whatcom County Flood Control Zone District and Lummi Nation Wetland and Habitat Mitigation Bank to secure wetland mitigation credits to fulfill requirements for the High Creek Sediment Management and Fish Passage Improvement Project, in the amount of $21,600 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2017-187)

Council "Consent Agenda" Items 

1. Request authorization for the County Executive to grant a non-exclusive residential driveway easement across park property to Dewey and Janet Huston at 3315 North Shore Drive (AB2017-188)

2. Request authorization for the County Executive to enter into a contract between Whatcom County and the State of Washington County Road Administration Board in order to receive Rural Arterial Program (RAP) funding for the East Smith Road Pavement Rehabilitation Project, in the amount of $549,430 (AB2017-189)

3. Request authorization for the County Executive to enter into an interagency agreement between Whatcom County and the Washington State Department of Transportation to continue to reimburse the County for up to fifty percent of the previous year’s annual operating deficit incurred in the operation and maintenance of the County ferry system (AB2017-190)

4. Request authorization for the County Executive to enter into a contract between Whatcom County and Advancement Northwest to provide “Pathways to Employment” and “Community Access” services to eligible individuals with developmental disabilities (AB2017-191)

Committee Discussion 

1. Discussion regarding the creation of a Capital Facility Reserve Fund (AB2017-170) (from 5/30)

2. Discussion of a proposed ordinance establishing Whatcom County Code 2.126, creating the Whatcom County Business and Commerce Committee (AB2017-182) (from 5/30)

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 
1:30 p.m. Tuesday, June 13, 2017
Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion 

1. Discussion with Public Works staff regarding a potential property acquisition for Flood Control Zone District purposes (AB2017-018)
[Discussion of this item may take place in executive session (closed to the public) pursuant to RCW 42.30.110 (1)(b)]

Other Business
PUBLIC WORKS, HEALTH, AND SAFETY COMMITTEE 
Members: Todd Donovan, Ken Mann, Barbara Brenner 
2 p.m. Tuesday, June 13, 2017
Council Chambers, 311 Grand Avenue, Bellingham
Special Presentation 

1. Annual report from Whatcom County Juvenile Court (AB2017-068)

Other Business
PLANNING AND DEVELOPMENT COMMITTEE  
Members: Rud Browne, Carl Weimer, Barbara Brenner 
Immediately following the Public Works, Health, and Safety Meeting 
(meeting scheduled to adjourn by 5 p.m.)
Tuesday, June 13, 2017

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

1. Review and consideration of the draft Public Participation Plan for Whatcom County Comprehensive Plan and Development Regulation Amendments (AB2017-192)

Committee Discussion 

1. Discussion of a proposed ordinance amending Whatcom County Code Title 20 Zoning and the Whatcom County Comprehensive Plan relating to cumulative impervious surface coverage standards (ordinance scheduled for introduction this evening) (AB2017-195)

2. Discussion concerning requesting the Prosecutor move forward with special counsel for reviewing the Council’s legal authority and policy options related to limiting fossil fuel exports (AB2017-201) - Agenda Revision

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 13, 2017
Council Chambers, 311 Grand Avenue, Bellingham
CALL TO ORDER  (Video Link)
ROLL CALL
Councilmembers Present: Weimer, Buchanan, Mann, Browne, Brenner, and Sidhu
Absent: Donovan

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.
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 approving the sale of a conservation easement (AB2017-178)  (Video Link)
Approved 6-0, Resolution 2017-035

2. Ordinance to establish speed limits on certain county roads (AB2017-179)  (Video Link)
Adopted 6-0, Ordinance 2017-031

3. Ordinance regarding establishment of speed limit on a portion of Slater Road (AB2017-180)  (Video Link)
Adopted 6-0, Ordinance 2017-032

4. Public hearing to gather public comment on the sizing of a proposed new Whatcom County jail (per Resolution 2017-034, approved May 30, 2017) (AB2017-185A)   (Video links to public hearing and Council discussion)
Additional Information: Councilmember Rud Browne (as an individual councilmember and not on behalf of the council) submitted additional information to give an opportunity for public input into jail sizing. See attached memo and Video Link and interactive input form.
Public Hearing held

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 grant a non-exclusive residential driveway easement across park property to Dewey and Janet Huston at 3315 North Shore Drive (AB2017-188)
Approved Consent 6-0

2. Request authorization for the County Executive to enter into a contract between Whatcom County and the State of Washington County Road Administration Board in order to receive Rural Arterial Program (RAP) funding for the East Smith Road Pavement Rehabilitation Project, in the amount of $549,430 (AB2017-189)
Approved Consent 6-0

3. Request authorization for the County Executive to enter into an interagency agreement between Whatcom County and the Washington State Department of Transportation to continue to reimburse the County for up to fifty percent of the previous year’s annual operating deficit incurred in the operation and maintenance of the County ferry system (AB2017-190)
Approved Consent 6-0

4. Request authorization for the County Executive to enter into a contract between Whatcom County and Advancement Northwest to provide “Pathways to Employment” and “Community Access” services to eligible individuals with developmental disabilities (AB2017-191)
Approved Consent 6-0

OTHER ITEMS

From the Finance and Administrative Services Committee

1. Ordinance repealing and replacing Whatcom County Code Chapter 1.18, Court Fines and Costs (AB2017-181)  (Video Link)
Adopted 6-0, Ordinance 2017-033

2. Request authorization for the County Executive to enter into a credit transaction agreement between Whatcom County Flood Control Zone District and Lummi Nation Wetland and Habitat Mitigation Bank to secure wetland mitigation credits to fulfill requirements for the High Creek Sediment Management and Fish Passage Improvement Project, in the amount of $21,600 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2017-187)  (Video Link)
Approved 6-0

From Planning and Development Committee

1. Review and consideration of the draft Public Participation Plan for Whatcom County Comprehensive Plan and Development Regulation Amendments (AB2017-192)  (Video Link
Approved 5-1, Brenner opposed

No Committee Assignment

4. Resolution accepting a petition to create the Lummi Island Park and Recreation District and set a date for public hearing on the proposal (AB2017-200)  (Video Link)
Approved 6-0, Resolution 2017-036

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 Noxious Weed Control Board, District 4, applicant: Alexander Vondrell (AB2017-186)  (Video Link)
Appointed 6-0

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. 

1. Request confirmation of the County Executive’s appointments to the Whatcom County Public Defense Advisory Committee (AB2017-193)  (Video Link)
Confirmed 6-0

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 providing for the submission to the qualified voters of the County a proposition authorizing a local sales and use tax of two-tenths of one percent for the purpose of providing funds for costs associated with financing, construction, maintenance and operation of jail facilities, and for adult corrections programs, including medical and behavioral health facilities and programs, and for other public safety purposes, all pursuant to RCW 82.14.450 (AB2017-194)  (Video Link)
Held for two weeks

2. Ordinance amending Whatcom County Code Title 20 Zoning and the Whatcom County Comprehensive Plan relating to cumulative impervious surface coverage standards (AB2017-195)
Introduced 6-0

3. Ordinance establishing the speed limit on a portion of North Shore Road (AB2017-196)
Introduced 6-0

4. Ordinance amending the Whatcom County Budget, sixth request, in the amount of $572,516 (AB2017-197)
Introduced 6-0

5. Ordinance closing the 2015 Central Plaza Improvement Fund 360 (AB2017-198)
Introduced 6-0

6. Resolution amending the 2017 Flood Control Zone District and Subzones budget, third request, in the amount of $15,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2017-199)
Introduced 6-0

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES   (Video Link)

From Finance Committee:  (Video Link)
Discussion of a proposed ordinance establishing Whatcom County Code 2.126, creating the Whatcom County Business and Commerce Committee (AB2017-182)
Motion carried 6-0 to approve the concept and forward the proposed ordinance to the Port of Bellingham for review.

From Planning and Development Committee:   (Video Link)
Discussion Concerning requesting the Prosecutor move forward with Special Counsel for reviewing the Council’s legal authority and policy options related to limiting fossil fuel exports (AB2017-201)
Motion carried 5-1, Brenner opposed, to request the Prosecutor to move forward with hiring special counsel for implementing Comprehensive Plan Policy 2CC-16

From Committee of the Whole:   (Video Link)
Discussion with Public Works staff regarding a potential property acquisition for Flood Control Zone District purposes (AB2017-018)
Motion carried 6-0 to authorize the County Executive, acting on behalf of the Whatcom County Flood Control Zone District Board of Supervisors, to execute an option agreement for the property discussed in executive session.

ADJOURN
The next regular council meeting is scheduled for 7 p.m. June 27, 2017, in the Council Chambers, 311 Grand Avenue, Bellingham.