April 10, 2018

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 April 10, 2018
Agenda PDF
Agenda Packet PDF This is a large document. Download time will be long.
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COUNCIL COMMITTEE AGENDAS

   
NATURAL RESOURCES COMMITTEE  
Members: Todd Donovan, Satpal Sidhu, Timothy Ballew
9:30 a.m. Tuesday, April 10, 2018

Council Chambers, 311 Grand Avenue, Bellingham
Special Presentation

1. Briefing by Planning & Development Services staff on the mineral resource lands county-wide designation process (AB2018-090)

Other Business
FINANCE AND ADMINISTRATIVE SERVICES COMMITTEE 
Members: Rud Browne, Tyler Byrd, Satpal Sidhu  
11 a.m. Tuesday, April 10, 2018
Council Chambers, 311 Grand Avenue, Bellingham
County Executive’s Report
Special Presentations  

1. Annual presentation from the Washington Counties Risk Pool with Derek Bryan, Executive Director (AB2018-017)

2. Report from Information Technology Manager Perry Rice (AB2018-066)

Committee Discussion

1. Discussion regarding proposal to relocate Facilities Management offices to the vacant county owned building located at 3720 Williamson Way (AB2018-117)

Committee Discussion and Recommendations to Council

1. Request authorization for the County Executive to sign an attorney engagement and contingency fee agreement between Whatcom County and Keller Rohrback L.L.P. (AB2018-116)

2. Resolution in the matter of the sale of surplus property and setting a date for public hearing thereon pursuant to Whatcom County Code 1.10 (AB2018-118)

Council "Consent Agenda" Items

1. Request approval for the County Executive to award Bid #18-07 and enter into a contract for 2018 hot mix asphalt prelevel at various locations to low bidder, Lakeside Industries Inc., in an amount not to exceed $1,302,998 (AB2018-119)

2. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and FCS Group to conduct Phase 2 of establishing a funding mechanism for the Lake Whatcom Stormwater Utility in the amount of $77,420 for a total contract amount of $111,952 (AB2018-105A)

3. Request authorization for the County Executive to enter into a contract between Whatcom County and Tetra Tech to provide engineering design services and preparation of construction documents for the reroute and upgrade of a failing outfall on Birch Bay Drive, in the amount of $58,508 (AB2018-120)

4. Request approval for the County Executive to have Public Works purchase a replacement street sweeper using the Washington State Contract #02613 from vendor Owen Equipment Co., in the amount of $292,470.94 (AB2018-121)

5. Request authorization for the County Executive to enter into one year residential lease agreement between Whatcom County and Douglys Maddux and Kemaron Kaaland-Maddux to reside at 7981 Blaine Road, Blaine, WA, in the amount of $1320 per month (AB2018-122)

6. Request authorization for the County Executive to enter into an intergovernmental agreement between Whatcom County and Whatcom County Fire Protection District No. 14 for fire protection services on county park properties (AB2018-123)

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 
1:15 p.m. Tuesday, April 10, 2018
Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion

1. Consideration of an appeal of a penalty assessment remission decision by Planning and Development Services, File No. ENF2017-00063, filed by Kyle Coston (AB2018-104) (No Paper)
[Discussion of this item may take place in executive session (closed to the public) pursuant to RCW 42.30.110(1)(i)]

Other Business
PUBLIC WORKS AND HEALTH COMMITTEE 
Members: Barry Buchanan, Barbara Brenner, Timothy Ballew 
1:30 p.m. Tuesday, April 10, 2018
Council Chambers, 311 Grand Avenue, Bellingham
Special Presentation

1. Health Department to provide an update on Point Roberts Solid Waste Management System (AB2018-124)

Other Business
PLANNING AND DEVELOPMENT COMMITTEE  
Members: Todd Donovan, Tyler Byrd, Barbara Brenner 
2:15 p.m. Tuesday, April 10, 2018

Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion

1. Semi-annual report from Planning and Development Services (AB2018-066)

Other Business
SPECIAL COMMITTEE OF THE WHOLE 
Immediately following the Planning and Development Committee Meeting 
Tuesday, April 10, 2018
Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion

1. Discussion of specific sections of the proposed ordinance adopting amendments to Whatcom County Code Title 2, Administration and Personnel; Title 9, Public Peace, Morals and Welfare; Title 15, Building and Construction; Title 16, Environment; Title 20, Zoning; Title 21, Land Division Regulations; Title 23, Shoreline Management Program; Title 24, Health; and creating a new Title 22, Land Use and Development Procedures, to relocate and revise procedures for land use and development related project permits and legislative actions code (AB2018-056)

For today:

A. Audience members are invited to comment on sections of proposed Title 22 addressing Final Decision, Recommended Decisions to County Council, Permit Review Timeframes, Expiration of Project Permits, Permit Revocation Procedures, Appeals, Annual Report, Interpretation, Conflict, and Severability (proposed 22.05.110 through 22.05.180)

B. Council discussion and preliminary direction on sections of proposed Title 22 addressing Final Decision, Recommended Decisions to County Council, Permit Review Timeframes, Expiration of Project Permits, Permit Revocation Procedures, Appeals, Annual Report, Interpretation, Conflict, and Severability (proposed 22.05.110 through 22.05.180)

2. Discussion of recommendations outlined in Cascadia Law Group report entitled Reducing Impacts from Fossil Fuel Projects (AB2018-076A)

3. Discussion of a proposed ordinance repealing Ordinance Nos. 2018-001 and 2018-005 and adopting 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 and implementing ESSB 6091 (This item is scheduled for Introduction this evening(AB2018-129)

Committee Discussion and Recommendation to Council

1. Resolution recognizing the roles and duties of Whatcom County, the WRIA 1 Planning Unit, and the WRIA 1 initiating governments regarding water resources planning under RCW 90.82 and ESSB 6091 (AB2018-114)

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, April 10, 2018
Council Chambers, 311 Grand Avenue, Bellingham
CALL TO ORDER  (Video Link)
ROLL CALL
FLAG SALUTE
ANNOUNCEMENTS

1. Consideration of an appeal of a penalty assessment remission decision by Planning and Development Services, File No. ENF2017-00063, filed by Kyle Coston (AB2018-104)  (Video Link)
Motion carried 7-0 to waive the fee entirely, and ask Mr. Costen to voluntarily provide his services valued at $300 as scholarships to his program to underprivileged children.
MINUTES CONSENT   (Video Link)

1. Special Committee of the Whole for February 13, 2018: Approved Consent 7-0 
2. Regular County Council for February 13, 2018: Approved Consent 7-0 
3. Surface Water Work Session for February 20, 2018: Approved Consent 7-0 
4. Special Committee of the Whole for February 27, 2018: Approved Consent 7-0 
5. Regular County Council for February 27, 2018: Approved Consent 7-0 
6. Board of Health for March 6, 2018: Approved Consent 6-0, Byrd abstained
7. Committee of the Whole for March 13, 2018: Approved Consent 5-0, Browne and Sidhu abstained 
8. Special Committee of the Whole for March 13, 2018:  Approved Consent 5-0, Browne and Sidhu abstained 
9. Regular County Council for March 13, 2018: Approved Consent 6-0, Sidhu abstained 
10. Surface Water Work Session for March 20, 2018: Approved Consent 6-0, Donovan abstained 
11. Special Committee of the Whole - Executive Session for March 27, 2018: Approved Consent 6-0, Sidhu abstained 
12. Special Committee of the Whole - Open Session for March 27, 2018: Approved Consent 6-0, Sidhu abstained 
13. Regular County Council for March 27, 2018: Approved Consent 6-0, Sidhu abstained 

PUBLIC HEARINGS

1. Ordinance regarding temporary installation of a stop sign on Roberts Road at Central Road during construction of the Roberts Road Anderson Creek Bridge #249 replacement project 113 (AB2018-113)   (Video Link)
Adopted 7-0, Ordinance 2018-017
OPEN SESSION  (Video Link)
CONSENT AGENDA   (Video Link)

From Finance and Administrative Services Committee

1. Request approval for the County Executive to award Bid #18-07 and enter into a contract for 2018 hot mix asphalt prelevel at various locations to low bidder, Lakeside Industries Inc., in an amount not to exceed $1,302,998 (AB2018-119)
Approved Consent 7-0 

2. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and FCS Group to conduct Phase 2 of establishing a funding mechanism for the Lake Whatcom Stormwater Utility in the amount of $77,420 for a total contract amount of $111,952 (AB2018-105A)   (Video Link)
Approved 6-1, Byrd opposed

3. Request authorization for the County Executive to enter into a contract between Whatcom County and Tetra Tech to provide engineering design services and preparation of construction documents for the reroute and upgrade of a failing outfall on Birch Bay Drive, in the amount of $58,508 (AB2018-120)
Approved Consent 7-0

4. Request approval for the County Executive to have Public Works purchase a replacement street sweeper using the Washington State Contract #02613 from vendor Owen Equipment Co., in the amount of $292,470.94 (AB2018-121)   (Video Link)
Approved 7-0   

5. Request authorization for the County Executive to enter into one year residential lease agreement between Whatcom County and Douglys Maddux and Kemaron Kaaland-Maddux to reside at 7981 Blaine Road, Blaine, WA, in the amount of $1320 per month (AB2018-122)
Approved Consent 7-0

6. Request authorization for the County Executive to enter into an intergovernmental agreement between Whatcom County and Whatcom County Fire Protection District No. 14 for fire protection services on county park properties (AB2018-123)
Approved Consent 7-0

OTHER ITEMS

From the Finance and Administrative Services Committee

1. Request authorization for the County Executive to sign an attorney engagement and contingency fee agreement between Whatcom County and Keller Rohrback L.L.P. (AB2018-116)    (Video Link)
Approved 7-0

2. Resolution in the matter of the sale of surplus property and setting a date for public hearing thereon pursuant to Whatcom County Code 1.10 (AB2018-118)    (Video Link)
Approved 7-0, Resolution 2018-012

From Special Committee of the Whole

3. Resolution recognizing the roles and duties of Whatcom County, the WRIA 1 Planning Unit, and the WRIA 1 initiating governments regarding water resources planning under RCW 90.82 and ESSB 6091 (AB2018-114)
Held in Committee

INTRODUCTION ITEMS    (Video Link)

1. Receipt of application(s) for the Whatcom County Wildlife Advisory Committee, applicant: Shannon Crossen (committee advises the Whatcom County Planning and Development Services Department staff and the Whatcom County Council on the value of wildlife and habitat management issues as they relate to the Whatcom County Comprehensive Plan) (application deadline for any other applicants to this vacancy is 10 a.m. April 17, 2018) (AB2018-115)
Introduced 7-0

2. Ordinance creating a “Golf Cart Zone” on certain roads in the Birch Bay area (AB2018-125
This item was withdrawn from the agenda and will be scheduled at a later date.

3. Ordinance amendment No. 2 to Ordinance No. 2014-081 establishing the Agate Heights/Estate Bay Lane Storm Water Improvement Fund and establishing a project based budget for Agate Heights Estate/Bay Lane Storm Water Improvements (AB2018-126)
Introduced 7-0

4. Ordinance amending the Whatcom County Budget, sixth request, in the amount of $2,836,591 (AB2018-127)
Introduced 7-0

5. Resolution amending the 2018 Whatcom County Flood Control Zone District and Subzones Budget, second request, in the amount of $750,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2018-128)
Introduced 7-0

6. Resolution authorizing the sale of Whatcom County surplus property pursuant to Whatcom County Code 1.10 (AB2018-118A)
Introduced 7-0

7. Ordinance repealing Ordinance Nos. 2018-001 and 2018-005 and adopting 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 and implementing ESSB 6091 (AB2018-129)
Withdrawn from the agenda and held in committee
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES    (Video Link)
ADJOURN
The next regular council meeting is scheduled for 7 p.m. April 24, 2018, in the Council Chambers, 311 Grand Avenue, Bellingham.