September 13, 2016


 September 13, 2016
Agenda PDF                                       Agenda Packet PDF Large file. Download time will be long.
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 13, 2016

Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion

1. Discussion of a draft ordinance amending Chapters 20.51, 20.71, 20.80, 20.85, 20.97 and Title 21 of the Whatcom County Code to make low impact development (LID) a stormwater and land use strategy that strives to mimic natural hydrologic processes, the preferred approach to site development by minimizing impervious surfaces, native vegetation loss, and stormwater runoff (AB2016-257)

Committee Discussion and Recommendation to Council

1. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County, Lummi Nation, Nooksack Indian Tribe, Washington State Department of Fish & Wildlife, the Cities of Bellingham, Blaine, Everson, Ferndale, Lynden, Nooksack, and Sumas and Public Utility District No. 1 of Whatcom County regarding coordinated water and natural resources management (AB2016-258)

Other Business
FINANCE AND ADMINISTRATIVE SERVICES COMMITTEE 
Members:  Rud Browne, Ken Mann, Satpal Sidhu
11:00 a.m. Tuesday, September 13, 2016
Council Chambers, 311 Grand Avenue, Bellingham
County Executive’s Report
Special Presentation

1. Presentation from Gallagher Benefit Services of their final report on comprehensive market analysis to determine the competitiveness of the County’s pay structure and related pay practices for unrepresented employees (AB2016-259)
 
Committee Discussion and Recommendations to Council

1. Ordinance amending the 2016 Whatcom County Budget, fourteenth request, in the amount of $295,000 (AB2016-252)

2. Request approval for the County Executive to amend the contract between Whatcom County and CH2M Hill Engineers, Inc. to accomplish the ramp down work plan for contract completion associated with the development of an Environmental Impact Statement to comply with NEPA and SEPA regarding the proposed Gateway Pacific Terminal and BNSF Custer Spur modification project to ensure the work and contracts are closed out in an orderly fashion, in the amount of $51,085 (AB2016-260)

3. Request approval for the County Executive to amend the contract between Whatcom County, Pacific International Terminals, Inc., and BNSF Railway Company for reimbursement of all costs and fees of the scope of work and budget of Phase 2, in the amount of $51,085 (AB2016-261)

Council "Consent Agenda" Items

1. Request authorization for the County Executive to enter into a contract between Whatcom County and Ferndale School District for emergency management services, in the amount of $40,000 annually for three years (AB2016-262)

2. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and City of Bellingham for management and operation of the joint City-County Aquatic Invasive Species Boat Inspection Program at Lake Whatcom and Lake Samish, in the amount of $95,000 (AB2016-263)

3. Request authorization for the County Executive to enter into a contract between Whatcom County and Geneva Consulting for WRIA1 Watershed Management Plan implementation status update and website modifications, in the amount of $20,475 (AB2016-264)

4. Request authorization for the County Executive to enter into a contract between Whatcom County and TranTech Engineering LLC for preliminary engineering work and a Type, Size and Location (TS&L) report to aid in selecting a permanent replacement option of the existing North Lake Samish Road Bridge, in the amount of $131,803 (AB2016-265)

5. Request authorization for the County Executive to enter into an agreement between Whatcom County and the Non-Governmental Water System Caucus on behalf of the WRIA1 planning unit for caucus support funding, in the amount of $2,500 (AB2016-266)

6. Request approval to award Bid #16-39 and authorize the County Executive to enter into a contract with sole bidder, CCI, Inc. for carpet replacement in courthouse offices, in an amount not to exceed $53,751.39 (AB2016-267)

7. Request approval to award Bid #16-46 and authorize the County Executive to enter into a contract with low bidder, Hytech Roofing Inc. for roof replacement at the Ferndale Senior Activity Center, in the amount of $119,119.33 (AB2016-268)

8. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Alvarez & Marsal Valuation Services, LLC for consultation and testimony regarding the valuation of BP West Products, LLC, in the amount of $12,000, for a total contract amount of $40,000 (AB2016-269)

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

PUBLIC WORKS, HEALTH, AND SAFETY COMMITTEE 
Members:  Barbara Brenner, Rud Browne, Ken Mann
1:30 p.m. Tuesday, September 13, 2016
Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion and Recommendation to Council

1. Resolution amending Resolution 2015-025 and order vacating a portion of Delta Line Road (AB2015-115A)

Other Business
SPECIAL COMMITTEE OF THE WHOLE 
Immediately following the Public Works, Health, and Safety Committee 
Tuesday, September 13, 2016
Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion

1. Discussion of a proposed interim ordinance imposing a 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 (AB2016-256A) (ordinance scheduled for introduction this evening)

Other Business
PLANNING AND DEVELOPMENT COMMITTEE 
Members:  Barbara Brenner, Todd Donovan, Carl Weimer
3:00 p.m. Tuesday, September 13, 2016
Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion

1. Discussion of proposed amendments to Whatcom County Code Title 20, Zoning, and Title 23, Shoreline Management, regarding vacation rental units (AB2016-270)
  
2. Discussion of proposed ordinance adopting amendments to Whatcom County Code Title 20, Zoning, relating to commercial and industrial land uses in limited areas of more intensive rural development (AB2016-272) (ordinance scheduled for introduction this evening)

Committee Discussion and Recommendation to Council

1. Review and consideration of the draft Public Participation Plan (AB2016-271)

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 
 7:00 p.m. Tuesday, September 13, 2016
Council Chambers, 311 Grand Avenue, Bellingham
CALL TO ORDER
ROLL CALL
Councilmembers Present:
Carl Weimer, Barry Buchanan, Ken Mann, Rud Browne, Barbara Brenner, Satpal Sidhu, Todd Donovan
Absent: None
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 Whatcom County Six-Year Transportation Improvement Program for the years 2017 through 2022
(AB2016-251)
Amended and approved, Resolution 2016-031

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) 

1. Request authorization for the County Executive to enter into a contract between Whatcom County and Ferndale School District for emergency management services, in the amount of $40,000 annually for three years (AB2016-262)
Approved Consent 7-0

2. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and City of Bellingham for management and operation of the joint City-County Aquatic Invasive Species Boat Inspection Program at Lake Whatcom and Lake Samish, in the amount of $95,000 (AB2016-263)
Approved Consent 7-0

3. Request authorization for the County Executive to enter into a contract between Whatcom County and Geneva Consulting for WRIA1 Watershed Management Plan implementation status update and website modifications, in the amount of $20,475 (AB2016-264)
Approved Consent 7-0

4. Request authorization for the County Executive to enter into a contract between Whatcom County and TranTech Engineering LLC for preliminary engineering work and a Type, Size and Location (TS&L) report to aid in selecting a permanent replacement option of the existing North Lake Samish Road Bridge, in the amount of $131,803 (AB2016-265)
Approved Consent 7-0

5. Request authorization for the County Executive to enter into an agreement between Whatcom County and the Non-Governmental Water System Caucus on behalf of the WRIA1 planning unit for caucus support funding, in the amount of $2,500 (AB2016-266)
Approved Consent 7-0

6. Request approval to award Bid #16-39 and authorize the County Executive to enter into a contract with sole bidder, CCI, Inc. for carpet replacement in courthouse offices, in an amount not to exceed $53,751.39 (AB2016-267)
Approved Consent 7-0

7. Request approval to award Bid #16-46 and authorize the County Executive to enter into a contract with low bidder, Hytech Roofing Inc. for roof replacement at the Ferndale Senior Activity Center, in the amount of $119,119.33 (AB2016-268)
Approved Consent 7-0

8. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Alvarez & Marsal Valuation Services, LLC for consultation and testimony regarding the valuation of BP West Products, LLC, in the amount of $12,000, for a total contract amount of $40,000 (AB2016-269)
Approved Consent 7-0

OTHER ITEMS

From Natural Resources Committee

1. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County, Lummi Nation, Nooksack Indian Tribe, Washington State Department of Fish & Wildlife, the Cities of Bellingham, Blaine, Everson, Ferndale, Lynden, Nooksack, and Sumas and Public Utility District No. 1 of Whatcom County regarding coordinated water and natural resources management (AB2016-258)
Withdrawn 

From Finance and Administrative Services Committee

2. Ordinance amending the 2016 Whatcom County Budget, fourteenth request, in the amount of $295,000 (AB2016-252)
Adopted 7-0, Ordinance 2016-037

3. Request approval for the County Executive to amend the contract between Whatcom County and CH2M Hill Engineers, Inc. to accomplish the ramp down work plan for contract completion associated with the development of an Environmental Impact Statement to comply with NEPA and SEPA regarding the proposed Gateway Pacific Terminal and BNSF Custer Spur modification project to ensure the work and contracts are closed out in an orderly fashion, in the amount of $51,085 (AB2016-260)
Amended and approved 7-0

4. Request approval for the County Executive to amend the contract between Whatcom County, Pacific International Terminals, Inc., and BNSF Railway Company for reimbursement of all costs and fees of the scope of work and budget of Phase 2, in the amount of $51,085 (AB2016-261)
Amended and approved 7-0

From Public Works, Health, and Safety Committee

5. Resolution amending Resolution 2015-025 and order vacating a portion of Delta Line Road (AB2015-115A)
Approved 7-0, Resolution 2016-032

From Planning and Development Committee

6. Review and consideration of the draft Public Participation Plan (AB2016-271)
Substitute amended and approved 7-0

No Committee Assignment

7.  Ordinance amending Whatcom County Code Title 2, Administration and Personnel, to add language related to an increase in the number of Whatcom County Council districts (AB2016-220)
Adopted 7-0, Ordinance 2016-038

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 appointment of Amy Ellsworth to the Whatcom County Bicycle/Pedestrian Advisory Committee (AB2016-273)
Confirmed 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.
 
(Video)

 1. Ordinance adopting amendments to Whatcom County Code Title 20 zoning, relating to commercial and industrial land uses in limited areas of more intensive rural development (AB2016-272)
Substitute Introduced 7-0

2. Ordinance amending the 2016 Whatcom County Budget, fourteenth request, in the amount of $307,428 (AB2016-274)
Introduced 7-0

3. Ordinance amending Ordinance 2014-083 (amendment No. 2) to establish the Cedar Hills/Euclid Stormwater improvements fund and establish a project based budget for Cedar Hills/Euclid stormwater improvements in the amount of $260,000 (AB2016-275)
Introduced 7-0

4. Ordinance repealing Whatcom County Code Chapter 8.06, Smoking in the Workplace, and establishing Whatcom County Code Chapter 24.14, Smoking and Vaping in Public Places (AB2016-253)
Introduced 7-0

5. 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 (AB2016-256A)
Substitute amended and introduced 7-0

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UDPATES
ADJOURN
The next regular council meeting is scheduled for 7 p.m. September 27, 2016, in the Council Chambers, 311 Grand Avenue, Bellingham.