March 27, 2018

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 March 27, 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, March 27, 2018

Council Chambers, 311 Grand Avenue, Bellingham
Special Presentation

1. Annual report from Washington State University Extension (AB2018-066)

Committee Discussion

1. Briefing by Planning & Development Services staff of mineral resource lands county-wide designation process (continued from March 13) (AB2018-090) - Withdrawn.  To be scheduled at a later date.

Committee Discussion and Recommendation to Council

1. Resolution establishing the Lake Whatcom Stormwater Utility Advisory Committee (AB2018-105)

Other Business
FINANCE AND ADMINISTRATIVE SERVICES COMMITTEE 
Members: Rud Browne, Tyler Byrd, Satpal Sidhu  
11 a.m. Tuesday, March 27, 2018
Council Chambers, 311 Grand Avenue, Bellingham
County Executive’s Report
Special Presentation

 1. Update from Deputy County Executive Tyler Schroeder on the expansion of the Crisis Triage Center (AB2018-079)

Committee Discussion and Recommendations to Council

1. Resolution amending the 2018 Flood Control Zone District and Subzones Budget, first request, in the amount of $50,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2018-096)

2. Ordinance amending Ordinance No. 2014-078 (establishment of the 2015 Lighthouse Marine Park Improvement Fund and project based budget for Lighthouse Marine Park improvements) for the first time to add $24,500 of expenditure authority, for a total amended project budget of $274,500 (AB2018-097)

3. Ordinance amending the 2018 Whatcom County Budget, fifth request, in the amount of $557,818 (AB2018-098)

4. Ordinance amending Whatcom County Code Chapter 2.130 to revise Economic Development Investment Board membership (AB2018-099)

5. Resolution authorizing the Whatcom County Prosecutor to file a claim with the State of Washington seeking reimbursement for unfunded ballot box mandate (AB2018-083)

6. Resolution authorizing for the County Executive to sign an agreement with Washington State Recreation Office to receive matching funds to support acquisition of PDR conservation easements (AB2018-106)

7. Request authorization for the County Executive to enter into a contract amendment between Whatcom County Flood Control Zone District and Washington State Department of Health to provide additional funds and a time extension to support the Pollution Identification and Correction Program in the amount of $300,000, for a total amended contract amount of $1,015,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2018-107)


Council "Consent Agenda" Items

1. Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Parks and Recreation Commission to receive funds to conduct on-the–water patrols during the peak boating period, in the amount of $16,810.69 (AB2018-108)

2. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County, City of Bellingham and the Port of Bellingham for the purposes of economic development, in the amount of $967,550 for year 2018 and $974,845 for year 2019 (AB2018-109)

3. Request authorization for the County Executive to enter into a three year contract between Whatcom County and West Publishing for online access to legal research databases and print service subscriptions for the Whatcom County Law Library, in the amount of $117,519.36 (AB2018-110)

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 
1:30 p.m. Tuesday, March 27, 2018
Council Conference Room/Council Chambers, 311 Grand Avenue
Committee Discussion

1. Discussion with Assistant Chief Civil Deputy Prosecutor Karen Frakes regarding potential opioid litigation against manufacturers and distributors of prescription opioids (AB2018-018) No Paper
[Discussion of this item may take place in executive session (closed to the public) pursuant to RCW 42.30.110(1)(i)]


CRIMINAL JUSTICE AND PUBLIC SAFETY COMMITTEE 
Members: Barry Buchanan, Tyler Byrd, Satpal Sidhu
2:15 p.m. Tuesday, March 27, 2018
Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion

1. Discussion regarding logistics of future listening session (AB2018-087)

Other Business
PLANNING AND DEVELOPMENT COMMITTEE  
Members: Todd Donovan, Tyler Byrd, Barbara Brenner 
2:45 p.m. Tuesday, March 27, 2018

Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion and Recommendation to Council

1. Request for an additional one-year extension for final approval for the Lincoln Road Long Subdivision and planned unit development (AB2018-111)

Other Business
SPECIAL COMMITTEE OF THE WHOLE 
Immediately following the Planning and Development Committee Meeting 
Tuesday, March 27, 2018
Council Conference Room Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion (Council Conference Room)

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 (continued from 2/27/18) (AB2018-056)

For today:

A. Audience members are invited to comment on sections of proposed new Title 22 addressing vesting, notice of application, posting of application, open record hearings, consistency review and recommendations (AB2018-056)

B. Council discussion and preliminary direction on sections of proposed new Title 22 addressing vesting, notice of application, posting of application, open record hearings, consistency review and recommendations (AB2018-056)

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, March 27, 2018
Council Chambers, 311 Grand Avenue, Bellingham
CALL TO ORDER  (Video Link)
ROLL CALL
Councilmembers Present: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan
Absent: Sidhu
FLAG SALUTE
ANNOUNCEMENTS
PUBLIC HEARINGS

1. Ordinance regarding temporary installation of stop signs on Mosquito Lake Road (AB2018-100) (Video Link)
Adopted 6-0, Ordinance 2018-011

2. Ordinance regarding temporary installation of stop signs on Mosquito Lake Road during the Mosquito Lake Road/North Fork Nooksack River Bridge No. 332 Cap Repair Project (AB2018-101)  (Video Link)
Adopted 6-0, Ordinance 2018-012

3. Ordinance regarding temporary installation of stop signs on Noon Road at Ten Mile Road and Central Road during construction of the Hannegan Road Ten Mile Creek Bridge #236 Replacement Project (AB2018-102) (Video Link)
Adopted 6-0, Ordinance 2018-013

4. Resolution supporting a Community Development Block Grant (CDBG) application and approval (AB2018-103)  (Video Link)
Approved 6-0, Resolution 2018-007

OPEN SESSION  (Video Link)

Motion carried 6-0 to ask the administration to consider making the Courthouse south parking lot available after hours and report back to the Council at the next Council meeting.

Motion carried 6-0 to schedule an update from the administration on the HomesNOW project in the Council Planning and Development Services Committee at the next meeting.

CONSENT AGENDA

From Finance and Administrative Services Committee

1. Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Parks and Recreation Commission to receive funds to conduct on-the–water patrols during the peak boating period, in the amount of $16,810.69 (AB2018-108)  (Video Link)
Approved 6-0

2. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County, City of Bellingham and the Port of Bellingham for the purposes of economic development, in the amount of $967,550 for year 2018 and $974,845 for year 2019 (AB2018-109)  (Video Link)
Approved 5-0, Byrd abstained

3. Request authorization for the County Executive to enter into a three year contract between Whatcom County and West Publishing for online access to legal research databases and print service subscriptions for the Whatcom County Law Library, in the amount of $117,519.36 (AB2018-110)  (Video Link)
Approved 6-0

OTHER ITEMS

From Natural Resources Committee

1. Resolution establishing the Lake Whatcom Stormwater Utility Advisory Committee (AB2018-105)  (Video Link)
Approved 6-0, Resolution 2018-008

From the Finance and Administrative Services Committee


2. Resolution amending the 2018 Flood Control Zone District and Subzones Budget, first request, in the amount of $50,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2018-096) (Video Link)
Approved 6-0, Resolution 2018-009

3. Ordinance amending Ordinance No. 2014-078 (establishment of the 2015 Lighthouse Marine Park Improvement Fund and project based budget for Lighthouse Marine Park improvements) for the first time to add $24,500 of expenditure authority, for a total amended project budget of $274,500 (AB2018-097)  (Video Link)
Adopted 6-0, Ordinance 2018-014

4. Ordinance amending the 2018 Whatcom County Budget, fifth request, in the amount of $557,818 (
AB2018-098)  (Video Link)
Adopted 6-0, Ordinance 2018-015

5. Ordinance amending Whatcom County Code Chapter 2.130 to revise Economic Development Investment Board membership (AB2018-099)  (Video Link)
Adopted 6-0, Ordinance 2018-016 and Ordinance 2108-016 Strike

6. Resolution authorizing the Whatcom County Prosecutor to file a claim with the State of Washington seeking reimbursement for unfunded ballot box mandate (AB2018-083)  (Video Link)
Approved 6-0, Resolution 2018-010

7. Resolution authorizing for the County Executive to sign an agreement with Washington State Recreation Office to receive matching funds to support acquisition of PDR conservation easements (AB2018-106)  (Video Link)
Approved 6-0, Resolution 2018-011

8. Request authorization for the County Executive to enter into a contract amendment between Whatcom County Flood Control Zone District and Washington State Department of Health to provide additional funds and a time extension to support the Pollution Identification and Correction Program in the amount of $300,000, for a total amended contract amount of $1,015,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2018-107)  (Video Link)
Approved 6-0

From Planning and Development Services Committee

9. Request for an additional one-year extension for final approval for the Lincoln Road Long Subdivision and planned unit development (AB2018-111)  (Video Link)
Approved 6-0
COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 

1. Appointment to fill two vacancies on Drainage District #6 Board of Supervisors, Position 1 and Position 2 (per RCW 85.38.070(5)) - applicant(s): Edward Thompson, Position 1, and Jim Bjornstad, Position 2 (AB2018-074)  (Video Link)
Appointed: Edward Thompson and Jim Bjornstad 6-0

2. Appointment to fill vacancy on Drainage Improvement District #15 Board of Supervisors, Position 2 (per RCW 85.38.070(5), applicant: Marvin Vreugdenhil (AB2018-075)  (Video Link)
Appointed: Marvin Vreugdenhil 6-0
EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

1. Request confirmation of the County Executive’s appointment of Gary Malick to the Bicycle/Pedestrian Advisory Committee (AB2018-112)  (Video Link)
Confirmed 6-0
INTRODUCTION ITEMS   (Video Link)

1. Receipt 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
Introduced 6-0

2. 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)
Introduced 6-0

3. Resolution Recognizing The Roles And Duties Of Whatcom County, The Water Resources Inventory Area (WRIA) 1 Planning Unit And The WRIA 1 Initiating Governments Regarding Water Resources Planning Under RCW 9.82 And ESSB 6091 (AB2018-114)  (Video Link)
Introduced 5-1, Browne opposed

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES  (Video Link)
From Finance and Administrative Services Committee:
Update From Deputy County Executive Tyler Schroeder on the expansion of the Crisis Triage Center (AB2018-079)
Motion carried 6-0 that the County Council supports the Option 2 design for a new stand-alone crisis triage facility.

ADJOURN
The next regular council meeting is scheduled for 7 p.m. April 10, 2018, in the Council Chambers, 311 Grand Avenue, Bellingham.