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COUNTY COUNCIL AGENDA
TUESDAY, APRIL 22, 2014

ANNOUNCEMENTS

Members of our community 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.

Regular Council meetings are televised on BTV10, Comcast Channel 10,
at 7:00 p.m. on the two Wednesdays following each
Tuesday evening County Council meeting.

Please visit us at www.whatcomcounty.us for the following:
Regular Evening Council Meeting Audio
Council Office Email Policy
Current Council Agenda
Current Council Packet
Public Notices
1979 - Current Ordinances
1979 - Current Resolutions
1984 - Current Committee Minutes
1979 - Current Council Minutes

UPCOMING MEETINGS AND EVENTS


COUNCIL COMMITTEE SCHEDULES

NATURAL RESOURCES COMMITTEE
Members: Barry Buchanan - Chair, Carl Weimer, Sam Crawford
9:30 a.m. Tuesday, April 22, 2014
Council Chambers, 311 Grand Avenue, Bellingham

Special Presentation

  1. Introduction of the Washington Conservation Corps crew and presentation of project activities and accomplishments (AB2014-051A)

Committee Discussion

  1. Discussion of Whatcom County landslide hazard areas and risk management (AB2014-169)

Other Business


FINANCE AND ADMINISTRATIVE SERVICES COMMITTEE
Members: Sam Crawford - Chair, Barry Buchanan, Rud Browne
11:00 a.m. Tuesday, April 22, 2014
Council Chambers, 311 Grand Avenue, Bellingham

Committee Discussion and Recommendations to Council

  1. Discussion of integrating the procurement of mental health and chemical dependency treatment services and approval of a request to amend the current North Sound RSN interlocal agreement to form a Behavioral Health Organization (AB2014-154)
  2. Ordinance establishing the Parks Special Revenue Fund (AB2014-147)
  3. Ordinance amending the 2014 Whatcom County Budget, ninth request, in the amount of $1,958,575 (AB2014-148)
  4. Resolution amending the 2014 Whatcom County Flood Control Zone District Budget, third request, in the amount of $647,500 (AB2014-149) (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)
  5. Request approval for the County Executive to enter into a contract between Whatcom County and Land Development Engineering for design assistance for Harborview Road drainage improvements, in the amount of $76,355 (AB2014-161) (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)

Council "Consent Agenda" Items

  1. Approval of request from Whatcom County Parks & Recreation Department to remove a structure at Lake Whatcom Park, pursuant to Whatcom County Code 1.10.395 (AB2014-155)
  2. Request approval for the County Executive to enter into a contract between Whatcom County and Bayside Pathology, Inc. for medical examiner services, in the amount of $1,213,220.32 (AB2014-156)
  3. Request approval for the County Executive to enter into a lease agreement between Whatcom County and Goldfogel Family Partnership for Health Department office space at State Street, in the amount of $97,990.43 for May 1, 2014 through September 30, 2014; $239,880.58 for October 1, 2014 through September 30, 2015; $244,678.19 for October 1, 2015 through September 30, 2016; and $249,571.75 for October 1, 2016 through September 30, 2017 (AB2014-156A)
  4. Request approval for the County Executive to enter into a lease agreement between Whatcom County and Goldfogel Family Partnership for morgue and medical examiner facility space, in the amount of $20,455.79 for May 1, 2014 through September 30, 2014; $50,075.78 for October 1, 2014 through September 30, 2015; $51,077.30 for October 1, 2015 through September 30, 2106; and $52,098.85 for October 1, 2016 through September 30, 2017 (AB2014-156B)
  5. Request approval for the County Executive to enter into a contract between Whatcom County and Catholic Community Services for mental health treatment services, in an amount estimated at $40,000 (AB2014-157)
  6. Request approval for the County Executive to enter into a contract between Whatcom County and Interfaith Community Health Center for mental health treatment services, in an amount estimated at $57,000 (AB2014-158)
  7. Request approval for the County Executive to enter into a grant agreement between Whatcom County and the Executive Office of the President of National Drug Control Policy to support the Northwest High Intensity Drug Trafficking Areas (HIDTA) Border Task Force Prosecution Initiative, in the amount of $175,073 (AB2014-159)
  8. Request approval for the County Executive to enter into a contract amendment between Whatcom County and Pioneer Human Services to operate a permanent supportive housing program for homeless ex-offenders who are returning to Whatcom County under the supervision of the Washington State Department of Corrections, for homeless ex-offenders exiting the Whatcom County Jail, and for chronically homeless veterans, in the amount of $33,275, for a total amended contract in the amount of $992,540 (AB2014-160)
  9. Request approval for the County Executive to enter into a contract amendment between Whatcom County and the Bellingham School District for behavioral health services to youth, in the amount of $140,000, for a total amended contract in the amount of $320,000 (AB2014-162)
  10. Request approval for the County Executive to enter into a contract amendment between Whatcom County and the Lynden School District for behavioral health services to youth, in the amount of $117,500, for a total amended contract in the amount of $252,500 (AB2014-163)
  11. Request approval for the County Executive to enter into a contract amendment between Whatcom County and the Ferndale School District for behavioral health services to youth, in the amount of $117,710, for a total amended contract in the amount of $267,710 (AB2014-164)
  12. Request approval for the County Executive to enter into a contract amendment between Whatcom County and the Meridian School District for behavioral health services to youth, in the amount of $115,000, for a total amended contract in the amount of $245,000 (AB2014-165)
  13. Request approval for the County Executive to enter into a contract amendment between Whatcom County and the Blaine School District for behavioral health services to youth, in the amount of $115,000, for a total amended contract in the amount of $245,000 (AB2014-166)

Other Business


PUBLIC WORKS, HEALTH, AND SAFETY COMMITTEE
Members: Barbara Brenner - Chair, Pete Kremen, Ken Mann
1:30 p.m. Tuesday, April 22, 2014
Council Chambers, 311 Grand Avenue, Bellingham

Committee Discussion and Recommendation to Council

  1. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Lummi Nation for construction, operation, maintenance and repair of Haxton Way roundabout and associated public appurtenances (AB2014-167)

Other Business


PLANNING AND DEVELOPMENT COMMITTEE
Members: Ken Mann - Chair, Barbara Brenner, Rud Browne
3 p.m., Tuesday, April 22, 2014
Council Chambers, 311 Grand Avenue, Bellingham

Committee Discussion

  1. Presentation of the 2014 County-wide Population Growth Monitoring Report (AB2014-097A)
  2. Discussion of a proposed ordinance amending the Whatcom County Code to allow packinghouses and slaughterhouses in the Agriculture Zoning District as administrative approval uses (AB2014-060B) (ordinance scheduled for introduction this evening)

Committee Discussion and Recommendations to Council

  1. Ordinance amending the Whatcom County Code regarding corner lot and through lot building setbacks (AB2014-146)
  2. Request approval of the draft Public Participation Plan (AB2014-168)

Other Business


COMMITTEE OF THE WHOLE
6:15 p.m., Tuesday, April 22, 2014
Council Chambers, 311 Grand Avenue, Bellingham

Committee Discussion

  1. Discussion with Chief Civil Deputy Prosecutor Daniel Gibson regarding potential Flood Control Zone District property purchase (AB2014-018)
    [Discussion of this item will take place in executive session (closed to the public) pursuant to RCW42.30.110(1)(b)]
  2. Discussion with Executive Louws regarding potential State Street property acquisition (AB2014-018)
    [Discussion of this item will take place in executive session (closed to the public) pursuant to RCW42.30.110(1)(b)]

Other Business


COUNTY COUNCIL AGENDA and ACTION TAKEN

REGULAR COUNCIL MEETING
7:00 p.m., Tuesday, April 22, 2014
Council Chambers, 311 Grand Avenue, Bellingham

CALL TO ORDER
ROLL CALL

Councilmembers Present: Carl Weimer, Barry Buchanan, Ken Mann, Rud Browne, Barbara Brenner, Sam Crawford, Pete Kremen
Absent:
None

FLAG SALUTE
ANNOUNCEMENTS

SPECIAL PRESENTATION

  1. County Executive Jack Louws will present the “State of the County” address (AB2014-017)
    Presented

MINUTES CONSENT

  1. Committee of the Whole for March 11, 2014
    Approved Consent 7-0
  2. Regular County Council for March 11, 2014
    Approved Consent 7-0
  3. Surface Water Work Session for March 18, 2014
    Approved Consent 7-0
  4. Committee of the Whole for March 25, 2014
    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 (interim) allowing marijuana production, processing, and retailing as authorized by Washington State Initiative 502 and medical marijuana facilities as authorized under Chapter 69.51A RCW (AB2014-074C)
    Adopted 6-1, Crawford opposed, Ordinance 2014-027

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.

  1. Approval of request from Whatcom County Parks & Recreation Department to remove a structure at Lake Whatcom Park, pursuant to Whatcom County Code 1.10.395 (AB2014-155)
    Approved 6-1, Brenner opposed
  2. Request approval for the County Executive to enter into a contract between Whatcom County and Bayside Pathology, Inc. for medical examiner services, in the amount of $1,213,220.32 (AB2014-156)
    Approved Consent 7-0
  3. Request approval for the County Executive to enter into a lease agreement between Whatcom County and Goldfogel Family Partnership for Health Department office space at State Street, in the amount of $97,990.43 for May 1, 2014 through September 30, 2014; $239,880.58 for October 1, 2014 through September 30, 2015; $244,678.19 for October 1, 2015 through September 30, 2016; and $249,571.75 for October 1, 2016 through September 30, 2017 (AB2014-156A)
    Approved Consent 7-0
  4. Request approval for the County Executive to enter into a lease agreement between Whatcom County and Goldfogel Family Partnership for morgue and medical examiner facility space, in the amount of $20,455.79 for May 1, 2014 through September 30, 2014; $50,075.78 for October 1, 2014 through September 30, 2015; $51,077.30 for October 1, 2015 through September 30, 2106; and $52,098.85 for October 1, 2016 through September 30, 2017 (AB2014-156B)
    Approved Consent 7-0
  5. Request approval for the County Executive to enter into a contract between Whatcom County and Catholic Community Services for mental health treatment services, in an amount estimated at $40,000 (AB2014-157)
    Approved Consent 7-0
  6. Request approval for the County Executive to enter into a contract between Whatcom County and Interfaith Community Health Center for mental health treatment services, in an amount estimated at $57,000 (AB2014-158)
    Approved Consent 7-0
  7. Request approval for the County Executive to enter into a grant agreement between Whatcom County and the Executive Office of the President of National Drug Control Policy to support the Northwest High Intensity Drug Trafficking Areas (HIDTA) Border Task Force Prosecution Initiative, in the amount of $175,073 (AB2014-159)
    Approved Consent 7-0
  8. Request approval for the County Executive to enter into a contract amendment between Whatcom County and Pioneer Human Services to operate a permanent supportive housing program for homeless ex-offenders who are returning to Whatcom County under the supervision of the Washington State Department of Corrections, for homeless ex-offenders exiting the Whatcom County Jail, and for chronically homeless veterans, in the amount of $33,275, for a total amended contract in the amount of $992,540 (AB2014-160)
    Approved Consent 7-0
  9. Request approval for the County Executive to enter into a contract amendment between Whatcom County and the Bellingham School District for behavioral health services to youth, in the amount of $140,000, for a total amended contract in the amount of $320,000 (AB2014-162)
    Approved Consent 7-0
  10. Request approval for the County Executive to enter into a contract amendment between Whatcom County and the Lynden School District for behavioral health services to youth, in the amount of $117,500, for a total amended contract in the amount of $252,500 (AB2014-163)
    Approved Consent 7-0
  11. Request approval for the County Executive to enter into a contract amendment between Whatcom County and the Ferndale School District for behavioral health services to youth, in the amount of $117,710, for a total amended contract in the amount of $267,710 (AB2014-164)
    Approved Consent 7-0
  12. Request approval for the County Executive to enter into a contract amendment between Whatcom County and the Meridian School District for behavioral health services to youth, in the amount of $115,000, for a total amended contract in the amount of $245,000 (AB2014-165)
    Approved Consent 7-0
  13. Request approval for the County Executive to enter into a contract amendment between Whatcom County and the Blaine School District for behavioral health services to youth, in the amount of $115,000, for a total amended contract in the amount of $245,000 (AB2014-166)
    Approved Consent 7-0

OTHER ITEMS

(From Finance and Administrative Services Committee)

  1. Discussion of integrating the procurement of mental health and chemical dependency treatment services and approval of a request to amend the current North Sound RSN interlocal agreement to form a Behavioral Health Organization (AB2014-154)
    Motion to approve option one, to amend the RSN interlocal agreement to form a Behavioral Health Organization, carried 7-0.
  2. Ordinance establishing the Parks Special Revenue Fund (AB2014-147)
    Adopted 6-1, Brenner opposed, Ordinance 2014-028
  3. Ordinance amending the 2014 Whatcom County Budget, ninth request, in the amount of $1,958,575 (AB2014-148)
    Adopted 6-1, Brenner opposed, Ordinance 2014-029
  4. Resolution amending the 2014 Whatcom County Flood Control Zone District Budget, third request, in the amount of $647,500 (AB2014-149) (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)
    Approved 7-0, Resolution 2014-021
  5. Request approval for the County Executive to enter into a contract between Whatcom County and Land Development Engineering for design assistance for Harborview Road drainage improvements, in the amount of $76,355 (AB2014-161) (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors)
    Approved 7-0

(From Public Works, Health, and Safety Committee)

  1. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Lummi Nation for construction, operation, maintenance and repair of Haxton Way roundabout and associated public appurtenances (AB2014-167)
    Approved 7-0

(From Planning and Development Committee)

  1. Ordinance amending the Whatcom County Code regarding corner lot and through lot building setbacks (AB2014-146)
    Adopted 7-0, Ordinance 2014-030
  2. Request approval of the draft Public Participation Plan (AB2014-168)
    Approved 7-0

(No Committee Assignment)

  1. Nomination and appointment to fill one vacancy on the Lummi Island Ferry Advisory Committee - applicant(s): Jim Dickinson and Rhayma Blake (AB2014-063A)
    Appointed: Byron Moye
  2. Nomination and appointment to fill one vacancy on Diking District #3 Position 3 – applicant: Roger Bajema (AB2014-100)
    Appointed 7-0

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.

  1. Ordinance amending the Whatcom County Code to allow packinghouses and slaughterhouses in the Agriculture Zoning District as administrative approval uses (AB2014-060B)
    Substitute Introduced 7-0 (proposed schedule – May 6 public hearing)

OTHER BUSINESS
COMMITTEE REPORTS, OTHER ITEMS, FROM COUNCILMEMBERS
ADJOURN
The next regular council meeting is scheduled for 7:00 p.m. Tuesday, May 6, 2014, in the Council Chambers, 311 Grand Avenue, Bellingham.