September 26, 2017


September 26, 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, September 26, 2017

Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion

1. Discussion of a proposed ordinance adopting amendments to Whatcom County Code Title 17 Flood Damage Prevention (ordinance scheduled for introduction this evening) (AB2017-286)

2. Follow-up discussion with Public Works regarding potential funding sources for Lake Whatcom programs (AB2017-251)

Committee Discussion and Recommendation to Council 

1. Resolution requesting the County Executive develop a special funding district to fund water quality improvements in the unincorporated Lake Whatcom Watershed (AB2017-251A)

2. Resolution affirming the PDR Oversight Committee’s ranking of applications and authorizing the Whatcom County Purchase of Development Rights Administrator and Whatcom County Executive to proceed with the acquisition of conservation easements on applications ranked 1 through 6 (AB2017-278)

Other Business
FINANCE AND ADMINISTRATIVE SERVICES COMMITTEE 
Members: Rud Browne, Ken Mann, Satpal Sidhu  
11 a.m. Tuesday, September 26, 2017
Council Chambers, 311 Grand Avenue, Bellingham
County Executive’s Report
Special Presentation 

1. Whatcom County Information Technology Department to present semiannual report (AB2017-068)

2. Presentation by Bruce Harris & Associates, Inc. (BHA) on the proposed contract between BHA and Whatcom County to assist with converting existing Assessor’s Office mylar maps and processes to geographic information systems (AB2017-279)

Council "Consent Agenda" Items

 1. Request authorization for the County Executive to enter into a contract between Whatcom County and Bruce Harris & Associates, Inc. for professional services to assist with converting existing Assessor’s Office mylar maps and processes to geographic information systems, in the amount of $758,750 (AB2017-279A)

2. Request authorization for the County Executive to enter into a contract between Whatcom County and the Washington State Department of Ecology to provide a six-person crew to perform trail construction during summer 2018 as part of the Lake Whatcom Park Trail Development ASR #2017-5636, in the amount of $60,000 (AB2017-281)

Committee Discussion and Recommendations to Council 

1. Ordinance amending the 2017 Whatcom County Budget, eleventh request, in the amount of $34,028 (AB2017-268)

2. Ordinance closing the South Pass Road/Saar Creek Bridge No. 212 Project Fund 370 (AB2017-269)

3. Ordinance closing the Slater Intersections, Imhoff and Ferndale Roads Project Fund 349 (AB2017-270)

4. Ordinance closing the Birch Bay-Lynden Road/Portal Way Signalization Improvements Project Fund 341 (AB2017-271)

5. Ordinance closing the Dakota Creek Bridge No. 500 Project Fund 350 (AB2017-272)

6. Ordinance closing the Hannegan Road/Nooksack River Bridge No. 252 Project Fund 353 (AB2017-273)

7. Request authorization for the County Executive to enter into a contract between Whatcom County and the Washington State Department of Ecology to provide a six-person crew to perform habitat restoration and water quality work for Public Works, in the amount of $76,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2017-282)

8. Request authorization for the County Executive to enter into a joint funding agreement between Whatcom County and United States Geological Survey for the ongoing operation and maintenance of the County’s six stream gages within the Nooksack River early flood warning system, plus stream gages at the Nooksack River Everson Overflow and Jones Creek in Acme, for early flood warning and flood response, in the amount of $113,720 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2017-283)

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, September 26, 2017
Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion

1. Discussion with Special Deputy Prosecuting Attorney Rod Brown regarding legal ways the County may reduce the impacts on the County from increased fossil fuel exports from the Cherry Point UGA (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
PUBLIC WORKS, HEALTH, AND SAFETY COMMITTEE 
Members: Todd Donovan, Ken Mann, Barbara Brenner 
2:30 p.m. Tuesday, September 26,  2017
Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion and Recommendations to Council

1. Resolution accepting the assessment roll of property within the boundaries of Whatcom County Road Improvement District No. 7 (Emerald Lake Lighting District) and setting October 24, 2017, as the date for public hearing (AB2017-262A)

2. Resolution accepting the assessment roll of property within the boundaries of Whatcom County Road Improvement District No. 1 (Birch Bay Lighting District) and setting October 24, 2017, as the date for public hearing (AB2017-263A)

Other Business
PLANNING AND DEVELOPMENT COMMITTEE  
Members: Rud Browne, Carl Weimer, Barbara Brenner 
Immediately following Public Works, Health, and Safety Committee (meeting to begin no later than 3 p.m.)
Tuesday, September 26, 2017

Council Chambers, 311 Grand Avenue, Bellingham
Special Presentation

1. Planning and Development Services to present semiannual report (AB2017-068)

Other Business
SPECIAL COMMITTEE OF THE WHOLE 
Immediately following the Planning and Development Committee Meeting (meeting to begin no later than 3:30 p.m.)
Tuesday, September 26, 2017
Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion

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

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, September 26, 2017
Council Chambers, 311 Grand Avenue, Bellingham
CALL TO ORDER (Video Link)
Councilmembers Present: Weimer, Buchanan, Mann, Browne, Brenner, Sidhu, Donovan
Absent: None

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 June 13, 2017  Approved Consent 7-0

2. Committee of the Whole for June 13, 2017  Approved Consent 7-0

3. Regular County Council for June 13, 2017  Approved Consent 7-0

4. Special Committee of the Whole (AM) for June 27, 2017  Approved Consent 7-0

5. Committee of the Whole for June 27, 2017  Approved Consent 7-0

6. Special Committee of the Whole (PM) for June 27, 2017  Approved Consent 7-0

7. Regular County Council for June 27, 2017  Approved Consent 7-0

8. Special Committee of the Whole (AM) for July 11, 2017  Approved Consent 6-0-1, Browne abstained

9. Special Committee of the Whole (PM) for July 11, 2017  Approved Consent 7-0

10. Regular County Council for July 11, 2017  Approved Consent 7-0

11. Surface Water Work Session for July 18, 2017  Approved Consent 7-0

12. Special Committee of the Whole for July 25, 2017  Approved Consent 7-0

13. Committee of the Whole for July 25, 2017  Approved Consent 7-0

14. Regular County Council for July 25, 2017  Approved Consent 7-0

15. Board of Health for August 1, 2017  Approved Consent 7-0

16. Committee of the Whole for August 8, 2017  Approved Consent 7-0

17. Special Committee of the Whole for August 8, 2017  Approved Consent 7-0

18. Regular County Council for August 8, 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 amending Ordinance 2016-049 (first amendment) to modify the 2017 Whatcom County Unified Fee Schedule (AB2017-267) (Video Link)
Adopted 7-0, Ordinance 2017-048

2. Resolution approving the Whatcom County Six-Year Transportation Improvement Program for the years 2018 through 2023 (AB2017-261) (Video Link)
Approved 7-0 (Browne abstained from voting on item R3), Resolution 2017-040

3. 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 (AB2016-256C) (Video Link to public testimony and Council discussion)
Adopted 6-1, Brenner opposed, Ordinance 2017-049

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 contract between Whatcom County and Bruce Harris & Associates, Inc. for professional services to assist with converting existing Assessor’s Office mylar maps and processes to geographic information systems, in the amount of $758,750 (AB2017-279A)
Approved Consent 7-0

2. Request authorization for the County Executive to enter into a contract between Whatcom County and the Washington State Department of Ecology to provide a six-person crew to perform trail construction during summer 2018 as part of the Lake Whatcom Park Trail Development ASR #2017-5636, in the amount of $60,000 (AB2017-281)
Approved Consent 7-0

OTHER ITEMS

From Natural Resources Committee

1. Resolution requesting the County Executive develop a special funding district to fund water quality improvements in the unincorporated Lake Whatcom Watershed (AB2017-251A) (Video Link)
Approved 7-0, Resolution 2017-041

2. Resolution affirming the PDR Oversight Committee’s ranking of applications and authorizing the Whatcom County Purchase of Development Rights Administrator and Whatcom County Executive to proceed with the acquisition of conservation easements on applications ranked 1 through 6 (AB2017-278) (Video Link)
Approved 7-0, Resolution 2017-042

From the Finance and Administrative Services Committee


3. Ordinance amending the 2017 Whatcom County Budget, eleventh request, in the amount of $34,028 (AB2017-268) (Video Link)
Adopted 7-0, Ordinance 2017-050

4. Ordinance closing the South Pass Road/Saar Creek Bridge No. 212 Project Fund 370 (AB2017-269) (Video Link)
Adopted 7-0, Ordinance 2017-051

5. Ordinance closing the Slater Intersections, Imhoff and Ferndale Roads Project Fund 349 (AB2017-270)  (Video Link)
Adopted 7-0, Ordinance 2017-052

6. Ordinance closing the Birch Bay-Lynden Road/Portal Way Signalization Improvements Project Fund 341 (AB2017-271)  (Video Link)
Adopted 7-0, Ordinance 2017-053

7. Ordinance closing the Dakota Creek Bridge No. 500 Project Fund 350 (AB2017-272)  (Video Link)
Adopted 7-0, Ordinance 2017-054

8. Ordinance closing the Hannegan Road/Nooksack River Bridge No. 252 Project Fund 353 (AB2017-273)  (Video Link)
Adopted 7-0, Ordinance 2017-055

9. Request authorization for the County Executive to enter into a contract between Whatcom County and the Washington State Department of Ecology to provide a six-person crew to perform habitat restoration and water quality work for Public Works, in the amount of $76,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2017-282)  (Video Link)
Approved 7-0

10. Request authorization for the County Executive to enter into a joint funding agreement between Whatcom County and United States Geological Survey for the ongoing operation and maintenance of the County’s six stream gages within the Nooksack River early flood warning system, plus stream gages at the Nooksack River Everson Overflow and Jones Creek in Acme, for early flood warning and flood response, in the amount of $113,720 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2017-283) (Video Link)
Approved 7-0

From Public Works, Health, and Safety Committee

11. Resolution accepting the assessment roll of property within the boundaries of Whatcom County Road Improvement District No. 7 (Emerald Lake Lighting District) and setting October 24, 2017, as the date for public hearing (AB2017-262A)  (Video Link)
Approved 7-0, Resolution 2017-043

12. Resolution accepting the assessment roll of property within the boundaries of Whatcom County Road Improvement District No. 1 (Birch Bay Lighting District) and setting October 24, 2017, as the date for public hearing (AB2017-263A) (Video Link)
Approved 7-0, Resolution 2017-044

No Committee Assignment 

13. Request from the Whatcom County Health Department for Council to authorize the North Sound Behavioral Health Organization (NSBHO) binding letter of intent for our region to become a mid-adopter with the option for a transitional year (2019) and full integration by 2020 (AB2017-284)  (Video Link)
Approved 7-0

14. Resolution setting Whatcom County Council meeting dates for 2018 (AB2017-287)  (Video Link)
Approved 6-1, Brenner opposed, Resolution 2017-045

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 Lummi Island Ferry Advisory Committee as a resident or property owner on Lummi Island, applicant: Beth Walukas Louis (AB2017-252)  (Video Link)
Appointed 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. Appointment to the Open Space Advisory Committee, applicant: Paul Stermer (committee serves in an advisory capacity to the county assessor in implementing assessment guidelines as established by the department of revenue for the assessment of open space, farms and agricultural lands, and timber lands) (application deadline for any other applicants to this vacancy is 10 a.m. October 3, 2017) (AB2017-277)
Introduced 7-0

2. Resolution approving the sale of a portion of surplus real property (AB2017-285) Withdrawn from the agenda
Withdrawn

3. Ordinance adopting amendments to Whatcom County Code Title 17 Flood Damage Prevention (AB2017-286)
Introduced 7-0

4. 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 (AB2016-309G)
Introduced 7-0

5. Resolution confirming the assessment roll for property within the boundaries of Whatcom County Road Improvement District No. 7 (Emerald Lake Lighting District) and remanding roll to the County Treasurer for collection (AB2017-262B)
Introduced 7-0

6. Resolution confirming the assessment roll for property within the boundaries of Whatcom County Road Improvement District No. 1 (Birch Bay Lighting District) and remanding roll to the County Treasurer for collection (AB2017-263B)
Introduced 7-0

7. Request for public comment and Council action on a request to authorize the County Executive to enter into an interlocal agreement between Whatcom County and the City of Bellingham to purchase ballistic vests from funds provided by the Edward Byrne Memorial Justice Assistance Grant Program, in the amount of $13,113 (AB2017-280)
Introduced 7-0

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES  (Video Link)
ADJOURN
The next regular council meeting is scheduled for 7 p.m. October 10, 2017, in the Council Chambers, 311 Grand Avenue, Bellingham.