May 30, 2017


 MAY 30, 2017
Agenda PDF
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.
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COUNCIL COMMITTEE AGENDAS

   
NATURAL RESOURCES COMMITTEE  
Members: Todd Donovan, Satpal Sidhu, Carl Weimer 
10:00 a.m. Tuesday, May 30, 2017 (meeting to adjourn no later than 11 a.m.)

Council Chambers, 311 Grand Avenue, Bellingham
Special Presentation

1. Whatcom County Parks and Recreation Director Michael McFarlane to present semiannual report (AB2017-068)

Other Business
FINANCE AND ADMINISTRATIVE SERVICES COMMITTEE 
Members: Rud Browne, Ken Mann, Satpal Sidhu  
Immediately following Natural Resources Committee, Tuesday, May 30, 2017
(meeting to adjourn no later than 1 p.m.)
Council Chambers, 311 Grand Avenue, Bellingham
County Executive’s Report

Committee Discussion

1. Discussion with Whatcom County Sheriff Bill Elfo on expansion of the Electronic Home Monitoring Program and increased access to other jail alternative programs (AB2017-183)

2. Discussion regarding the creation of a Capital Facility Reserve Fund (AB2017-170)

3. Discussion of proposed ordinance establishing Whatcom County Code 2.126, creating the Whatcom County Business and Commerce Committee (AB2017-182)

Committee Discussion and Recommendations to Council

1. Resolution authorizing and approving the interlocal Jail Facility Financing and Use Agreement between Whatcom County and the cities of Bellingham, Blaine, Everson, Ferndale, Lynden Nooksack and Sumas (AB2017-107A)

2. Resolution identifying 2018 and 2019 salaries and benefits for elected officials (AB2017-171)

3. Request authorization for the County Executive to enter into an interagency grant agreement between Whatcom County Flood Control Zone District and Washington State Department of Health to support implementation of the Whatcom County Pollution Identification and Correction Program, in the amount of $715,000 (Council acting as the Whatcom County Flood Control Zone Board of Supervisors) (AB2017-172)

4. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County Flood Control Zone District and Whatcom County Public Utility District No. 1 to provide partial funding for Phase 4 of a groundwater flow model of the Lynden-Everson-Nooksack-Sumas area of Whatcom County (Council acting as the Whatcom County Flood Control Zone Board of Supervisors) (AB2017-173)

5. Request authorization for the County Executive to enter into a contract between Whatcom County Flood Control District and Associated Earth Sciences, Inc. for Phase 4 of a groundwater model of the Lynden-Everson-Nooksack-Sumas area of Whatcom County (numerical model analysis and documentation), in the amount of $336,526 (Council acting as the Whatcom County Flood Control Zone Board of Supervisors) (AB2017-174)

6. Request approval for the County Executive to award bid #17-09 for maintenance and construction equipment (without operators) to all bidders, in an amount not to exceed $100,000 per vendor (AB2017-175)

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 
2 p.m. Tuesday, May 30, 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

2. Discussion of the proposed ordinance adopting various minor amendments to Whatcom County Code Title 20 Zoning, making corrections, updates, and clarifications (AB2017-169) - 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, May 30, 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 April 18, 2017
Approved Consent 7-0

2. Regular County Council for April 18, 2017
Approved Consent 7-0

3. Special Committee of the Whole (Executive Session) for May 2, 2017
Approved Consent 7-0

4. Special Committee of the Whole (Open Meeting) for May 2, 2017
Approved Consent 7-0

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

SPECIAL PRESENTATION 

1. County Executive Jack Louws to present the “State of the County” address (AB2017-017B)  (Video Link)
Presented

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 granting a quit claim deed to the City of Bellingham (AB2017-167)  (Video Link)
Approved 7-0, Resolution 2017-029

2. Ordinance adopting various minor amendments to Whatcom County Code Title 20 Zoning, making corrections, updates, and clarifications (AB2017-169)  (Video Link to Staff Report; Video Link to Public Hearing)
Corrected version adopted 7-0, Ordinance 2017-030 (strike)

3. Resolution authorizing the sale of Whatcom County surplus property pursuant to Whatcom County Code 1.10 (2017-162A)  (Video Link)
Approved 7-0, Resolution 2017-030

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. 
OTHER ITEMS

From the Finance and Administrative Services Committee

1. Resolution authorizing and approving the interlocal Jail Facility Financing and Use Agreement between Whatcom County and the cities of Bellingham, Blaine, Everson, Ferndale, Lynden Nooksack and Sumas (AB2017-107A)  (Video Link to discussion of Other Items #1 and #8)
Substitute Amended and Approved 4-3 with Mann, Buchanan, and Donovan opposed, Resolution 2017-031

2. Resolution identifying 2018 and 2019 salaries and benefits for elected officials (AB2017-171) (Video Link)
Substitute Approved 6-0, Brenner out of the room, Resolution 2017-032

3. Request authorization for the County Executive to enter into an interagency grant agreement between Whatcom County Flood Control Zone District and Washington State Department of Health to support implementation of the Whatcom County Pollution Identification and Correction Program, in the amount of $715,000 (Council acting as the Whatcom County Flood Control Zone Board of Supervisors) (AB2017-172) (Video Link)
Approved 6-0, Brenner out of the room

4. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County Flood Control Zone District and Whatcom County Public Utility District No. 1 to provide partial funding for Phase 4 of a groundwater flow model of the Lynden-Everson-Nooksack-Sumas area of Whatcom County (Council acting as the Whatcom County Flood Control Zone Board of Supervisors) (AB2017-173) (Video Link)
Approved 6-0, Brenner out of the room

5. Request authorization for the County Executive to enter into a contract between Whatcom County Flood Control District and Associated Earth Sciences, Inc. for Phase 4 of a groundwater model of the Lynden-Everson-Nooksack-Sumas area of Whatcom County (numerical model analysis and documentation), in the amount of $336,526 (Council acting as the Whatcom County Flood Control Zone Board of Supervisors) (AB2017-174) (Video Link)
Approved 6-0, Brenner out of the room

6. Request approval for the County Executive to award bid #17-09 for maintenance and construction equipment (without operators) to all bidders, in an amount not to exceed $100,000 per vendor (AB2017-175) (Video Link)
Approved 6-0, Brenner out of the room

7. Resolution expressing support for efforts to reduce homelessness by investing in vocational programs for homeless youth and requesting the County Executive provide financial support for a pilot project to create opportunities for low-barrier employment for homeless youth (AB2017-184) - Second Agenda Revision  (Video Link)
Approved 7-0, Resolution 2017-033

8. Resolution setting a hearing date to gather public comment on the sizing of a proposed new Whatcom County jail (AB2017-185) (See Video Link for Other Item #1 for discussion. Video Link to vote.)
Amended and Approved 5-1, Weimer opposed and Donovan out of the room, Resolution 2017-034

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 Sandra Ward to the Lodging Tax Advisory Committee (AB2017-176)  (Video Link)
Confirmed 7-0

2. Request confirmation of the County Executive’s reappointment of David Warren and Daniel Larner to the Bellingham-Whatcom Public Facilities District (AB2017-177)  (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. Resolution approving the sale of a conservation easement (AB2017-178)
Introduced 7-0

2. Ordinance to establish speed limits on certain county roads (AB2017-179)
Introduced 7-0

3. Ordinance regarding establishment of speed limit on a portion of Slater Road (AB2017-180)
Introduced 7-0

4. Ordinance repealing and replacing Whatcom County Code Chapter 1.18, Court Fines and Costs (AB2017-181)
Introduced 7-0

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES   (Video Link)
ADJOURN
The next regular council meeting is scheduled for 7 p.m. June 13, 2017, in the Council Chambers, 311 Grand Avenue, Bellingham.