July 11, 2017


 July 11, 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, July 11, 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, July 11, 2017
Council Chambers, 311 Grand Avenue, Bellingham
County Executive’s Report
Special Presentations 

1. Whatcom County Prosecuting Attorney to present annual report (AB2017-068)

2. Whatcom County Facilities Manager to present semi-annual report (AB2017-068)

Committee Discussion and Recommendations to Council

1. Ordinance amending the Whatcom County Budget, seventh request, in the amount of $15,000 (AB2017-199A)

Council "Consent Agenda" Items

1. Request approval for the County Executive to award Bid #17-41 and enter into a contract with low bidder Foss Maritime Company for the annual drydocking, repair, and maintenance of the Whatcom Chief Ferry, in the amount of $446,251.64 (AB2017-217)

2. Request authorization for the County Executive to enter into a contract between Whatcom County and Service Alternatives, Inc. to provide “Pathways to Employment” and “Community Access” services to eligible individuals with developmental disabilities (AB2017-218)

3. Request authorization for the County Executive to enter into a contract between Whatcom County and The Arc of Whatcom County to provide “Information, Education and Family Support” to individuals with developmental disabilities, their family members, and the general public, in the amount of $134,669 (AB2017-219)

4. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Van Ness Feldman, LLP to continue to provide on-call legal services relating to accommodating the Washington Supreme Court’s decision in Whatcom County v. Western Washington Growth Management Hearing Board, in the amount of $15,000, for a total amended amount of $50,000 (AB2017-220)

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, July 11, 2017
Council Chambers/Council Committee Room, 311 Grand Avenue
Committee Discussion (Council Chambers)

1. Presentation from VERA Institute on preliminary data analysis and recommendations (AB2017-203) (Additional Information: VERA Institute Preliminary Data Report)

2. Presentation of Initial Phase III Report of the Incarceration Prevention and Reduction Task Force (AB2017-202

Committee Discussion and Recommendation to Council (Council Chambers)

1. Discussion and recommendation on a draft memorandum of agreement between Whatcom County and the City of Bellingham regarding commitment to incarceration reduction and prevention (AB2017-194A) (Additional Information and clean version: Proposed amended MOA from Michael Lilliquist)

Committee Discussion (Council Conference Room)

1. Update from legal counsel on pending and potential jail-related litigation (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)] 

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, July 11, 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.
MINUTES CONSENT   (Video Link)

1. Special Committee of the Whole for May 16, 2017
Approved Consent 7-0

2. Regular County Council for May 16, 2017
Approved Consent 7-0

3. Surface Water Work Session for May 23, 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. Public hearing on a proposal to create the Lummi Island Park and Recreation District (proposal officially received by council on June 13, 2017) (AB2017-200)  (Video Link)
Public Hearing held

2. Ordinance amending Whatcom County Code Title 20 Zoning and the Whatcom County Comprehensive Plan relating to cumulative impervious surface coverage standards (AB2017-195)  (Video Link)
Referred to the Council’s Planning and Development Committee

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 approval for the County Executive to award Bid #17-41 and enter into a contract with low bidder Foss Maritime Company for the annual drydocking, repair, and maintenance of the Whatcom Chief Ferry, in the amount of $446,251.64 (AB2017-217)
Approved Consent 7-0

2. Request authorization for the County Executive to enter into a contract between Whatcom County and Service Alternatives, Inc. to provide “Pathways to Employment” and “Community Access” services to eligible individuals with developmental disabilities (AB2017-218)
Approved Consent 7-0

3. Request authorization for the County Executive to enter into a contract between Whatcom County and The Arc of Whatcom County to provide “Information, Education and Family Support” to individuals with developmental disabilities, their family members, and the general public, in the amount of $134,669 (AB2017-219)
Approved Consent 7-0

4. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Van Ness Feldman, LLP to continue to provide on-call legal services relating to accommodating the Washington Supreme Court’s decision in Whatcom County v. Western Washington Growth Management Hearing Board, in the amount of $15,000, for a total amended amount of $50,000 (AB2017-220)
Approved Consent 7-0

OTHER ITEMS

From the Finance and Administrative Services Committee

1. Ordinance amending the Whatcom County Budget, seventh request, in the amount of $15,000 (AB2017-199A)   (Video Link)
Adopted 5-2, Weimer and Donovan opposed, Ordinance 2017-036

From Special Committee of the Whole

1. Discussion and recommendation on a draft memorandum of agreement between Whatcom County and the City of Bellingham regarding commitment to incarceration reduction and prevention (AB2017-194A (Additional Information and clean version: Proposed amended MOA from Michael Lilliquist)  (Video Link)
Substitute Approved 7-0

No Committee Assignment

3. Ordinance providing for submission to the qualified voters of the County a proposition authorizing a local sales and use tax of two tenths of one percent for public safety purposes, including the costs associated with financing, construction, maintenance, and operation of jail facilities, and incarceration prevention programs, including medical and behavioral health facilities and programs, all pursuant to RCW 82.14.450 (AB2017-194)  (Video Link)
Adopted 4-3 with Donovan, Buchanan, and Mann opposed, Ordinance 2017-037

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 fill vacancy on the Whatcom County Planning Commission representing District 3, for a partial term ending 1/31/2019, applicants: John Campbell, Larry Helm, Kelly Krieger, and William Dominic Moceri (AB2017-204)  (Video Link)
Appointed: William Dominic Moceri

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 re-appointment of Baozhen Luo to the Northwest Senior Services Board (AB2017-221)  (Video Link)
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 Whatcom County Budget, eighth request, in the amount of $851,061 (AB2017-222)
Introduced 7-0

2. Resolution amending the 2017 Flood Control Zone District and Subzones Budgets, third request, in the amount of $15,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2017-199B)
Introduced 7-0

3. Ordinance adopting amendments to Whatcom County Code Title 20 Zoning, relating to the waiver of spacing requirements between marijuana production facilities and community centers in the rural, agriculture, and rural forestry districts, and amending the definition of community center (AB2017-223)
Introduced 7-0

4. Ordinance regarding establishment of speed limit on a portion of the North Shore Road (AB2017-196A)
Introduced 7-0

5. Ordinance ordering an election to determine the formation of the Lummi Island Park and Recreation District (AB2017-200A)
Substitute Introduced 7-0

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES   (Video Link)
ADJOURN
The next regular council meeting is scheduled for 7 p.m. July 25, 2017, in the Council Chambers, 311 Grand Avenue, Bellingham.