September 11, 2018

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 September 11, 2018
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.
OUR REGULAR COUNCIL MEETINGS CAN BE VIEWED LIVE AT https://www.youtube.com/user/WhatcomCountyGov
Council and Committee Meeting Rules of Procedure 

COUNCIL COMMITTEE AGENDAS

   
COMMITTEE OF THE WHOLE 
9:30 a.m. Tuesday, September 11, 2018
Council Conference Room, 311 Grand Avenue, Bellingham
Committee Discussion

1. Discussion with Special Deputy Prosecuting Attorney Rod Brown regarding legal ways the County may reduce the impacts on the County from increased fossil fuel exports from the Cherry Point Urban Growth Area (AB2018-018) (no paper)
[Discussion of this item may take place in executive session (closed to the public) pursuant to RCW42.30.110 (1) (i)]

Other Business
NATURAL RESOURCES COMMITTEE  
Members: Todd Donovan, Satpal Sidhu, Timothy Ballew
Immediately Following Committee of the Whole (no later than 10:30 a.m.)
Tuesday, September 11, 2018

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

1. Ordinance adopting amendments to the Purchase of Development Rights (PDR) Program (AB2018-235)

Other Business
FINANCE AND ADMINISTRATIVE SERVICES COMMITTEE 
Members: Rud Browne, Tyler Byrd, Satpal Sidhu  
11:15 a.m. Tuesday, September 11, 2018
Council Chambers, 311 Grand Avenue, Bellingham
County Executive’s Report

Committee Discussion and Recommendations to Council

1. Ordinance amending the 2018 Whatcom County Budget, tenth request, in the amount of $485,339 (AB2018-236)

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 second time to add $54,000 of expenditure authority, for a total amended project budget of $328,500 (AB2018-237)

3. Resolution declaring Whatcom County real property as surplus (property known as the Welcome Pit) and setting a date for public hearing thereon, pursuant to Whatcom County Code 1.10 (AB2018-238)

4. Resolution declaring Whatcom County real property as surplus (property located on Deeter Road) and setting a date for public hearing thereon, pursuant to Whatcom County Code 1.10 (AB2018-211)

5. Request authorization for the County Executive to enter into a memorandum of agreement between Whatcom County and Washington State Department of Ecology to promote the efficient use of local and state agency resources, provide timely review and response to biosolids project proponents, and ensure continued protection of public health and the environment (AB2018-240)

6. Resolution authorizing Public Works to submit a grant application and, if successful, for the County Executive to enter into a grant agreement between Whatcom County Flood Control Zone District and Washington State Recreation and Conservation Office for funding through the Estuary and Salmon Restoration Program (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2018-241)

7. Request authorization for the County Executive to enter into a contract amendment between Whatcom County Flood Control Zone District and Herrera Environmental Consultants to provide additional support to update and broaden the scope of the 1999 Lower Nooksack River Comprehensive Flood Hazard Management Plan and to integrate reach-scale strategies for flood risk reduction with the needs of salmon and floodplain land use, in the amount of $150,000, for a total amended contract amount of $189,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2018-242)

8. Request authorization for the County Executive to enter into a contract between Whatcom County Flood Control Zone District and United States Geological Survey to provide integrated modeling to simulate the effects of the proposed project alternatives for flood hazard reduction and habitat improvements, and of projected changes in stream flows, sediment delivery sea-level rise, storm surges, and waves in the reach downstream of Ferndale, in the amount of $250,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2018-243)

Council "Consent Agenda" Items

1. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Bellingham School District to provide behavioral health services within the Bellingham School District, in the amount of $138,000, for a total amended contract amount of $483,000 (AB2018-244)

2. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Mt. Baker School District to provide behavioral health services within the Mt. Baker School District, in the amount of $108,000, for a total amended contract amount of $378,000 (AB2018-245)

3. Request authorization for the County Executive to enter into a contract between Whatcom County and SeaMar Community Health Center to establish the hub agency that will facilitate the Ground-level Response and Coordinated Engagement (GRACE) program, in the amount of $660,160.31 (AB2018-246)

4. Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Recreation and Conservation Office to receive funds to support acquisition of a conservation easement on the Brar Property, in the amount of $157,200 (AB2018-247)

5. Request authorization for the County Executive to enter into a contract between Whatcom County and Natural Resources Conservation Service to receive matching funds for the acquisition of agricultural easements on the VanderWerff, McLeod, and Roper properties, in the amount of $260,000 (AB2018-248)

6. Request authorization for the County Executive to enter into a contract between Whatcom County and Natural Resource Conservation Service to receive matching funds for the acquisition of agricultural easements on the Carbee, Brar, Greenwood, and Neptune Beach properties, in the amount of $594,500 (AB2018-249)

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 AND HEALTH COMMITTEE 
Members: Barry Buchanan, Barbara Brenner, Timothy Ballew 
1:30 p.m. Tuesday, September 11, 2018
Council Chambers, 311 Grand Avenue, Bellingham
Special Presentation

1. Presentation by the Bicycle and Pedestrian Advisory Committee (AB2018-017)
 
Committee Discussion

1. Discussion regarding a proposed resolution approving the Whatcom County Six-Year Transportation Improvement Program for the years 2019 through 2024 (resolution scheduled for introduction this evening) (AB2018-250)

Committee Discussion and Recommendation to Council

1. Resolution approving the Lake Whatcom Water and Sewer District Water System Comprehensive Plan (AB2018-256)

Other Business
PLANNING AND DEVELOPMENT COMMITTEE  
Members: Todd Donovan, Tyler Byrd, Barbara Brenner 
3 p.m. Tuesday, September 11, 2018

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 amendment between Whatcom County and the City of Bellingham concerning the Bennett/Bakerview/Airport Drive annexation (AB2018-251)

Other Business
SPECIAL COMMITTEE OF THE WHOLE 
Immediately following Planning and Development Committee (no later than 3:30 p.m.)
Tuesday, September 11, 2018
Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion

1. Discussion of preliminary draft Comprehensive Plan and zoning amendments – Cherry Point (AB2018-076D)

2. Discussion regarding proposed ordinance adopting amendments to the Whatcom County Comprehensive Plan and the Whatcom County Code Title 24, Health Code, relating to water resources and the implementation of ESSB 6091 (ordinance scheduled for introduction this evening) (AB2018-253)

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, September 11, 2018
Council Chambers, 311 Grand Avenue, Bellingham
CALL TO ORDER  (Video Link)
ROLL CALL
Councilmembers Present: Ballew, Brenner, Browne, Buchanan, Byrd, Sidhu, Donovan
Absent: None
FLAG SALUTE
ANNOUNCEMENTS

If you plan to hand out paperwork to councilmembers, please provide one copy to council staff for our files. Thank you.
SPECIAL ORDER OF BUSINESS (Video Link)
 
1. Proclamation declaring September as National Recovery Month in Whatcom County (Council acting as the Whatcom County Health Board) (AB2018-252)
Proclamation approved 7-0
MINUTES CONSENT   (Video Link)

1. Special Committee of the Whole (AM) for July 10, 2018 - Approved Consent 7-0
2. Committee of the Whole for July 10, 2018- Approved Consent 7-0
3. Special Committee of the Whole (PM) for July 10, 2018- Approved Consent 7-0
4. County Council for July 10, 2018- Approved Consent 7-0
5. Board of Health for July 17, 2018- Approved Consent 7-0
6. Committee of the Whole for July 24, 2018- Approved Consent 7-0
7. Special Committee of the Whole for July 24, 2018- Approved Consent 7-0
8. County Council for July 24, 2018- Approved Consent 7-0
9. County Council for August 8, 2018- Approved Consent 7-0
 
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. 
CONSENT AGENDA   (Video Link)
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 amendment between Whatcom County and Bellingham School District to provide behavioral health services within the Bellingham School District, in the amount of $138,000, for a total amended contract amount of $483,000 (AB2018-244)
Approved Consent 7-0

 2. Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Mt. Baker School District to provide behavioral health services within the Mt. Baker School District, in the amount of $108,000, for a total amended contract amount of $378,000 (AB2018-245)
Approved Consent 7-0

 3. Request authorization for the County Executive to enter into a contract between Whatcom County and SeaMar Community Health Center to establish the hub agency that will facilitate the Ground-level Response and Coordinated Engagement (GRACE) program, in the amount of $660,160.31 (AB2018-246)
Approved Consent 7-0

 4. Request authorization for the County Executive to enter into a contract between Whatcom County and Washington State Recreation and Conservation Office to receive funds to support acquisition of a conservation easement on the Brar Property, in the amount of $157,200 (AB2018-247)
Approved Consent 7-0

 5. Request authorization for the County Executive to enter into a contract between Whatcom County and Natural Resources Conservation Service to receive matching funds for the acquisition of agricultural easements on the VanderWerff, McLeod, and Roper properties, in the amount of $260,000 (AB2018-248)
Approved Consent 7-0

 6. Request authorization for the County Executive to enter into a contract between Whatcom County and Natural Resource Conservation Service to receive matching funds for the acquisition of agricultural easements on the Carbee, Brar, Greenwood, and Neptune Beach properties, in the amount of $594,500 (AB2018-249)
Approved Consent 7-0
OTHER ITEMS

From Natural Resources Committee

1. Ordinance adopting amendments to the Purchase of Development Rights (PDR) Program (AB2018-235) (Video Link)
Held in Committee


From Finance and Administrative Services Committee


2. Ordinance amending the 2018 Whatcom County Budget, tenth request, in the amount of $485,339 (AB2018-236)  (Video Link)
Adopted 6-1, Byrd opposed, Ordinance 2018-045

 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 second time to add $54,000 of expenditure authority, for a total amended project budget of $328,500 (AB2018-237) (Video Link)
Adopted 7-0, Ordinance 2018-046

4. Resolution declaring Whatcom County real property as surplus (property known as the Welcome Pit) and setting a date for public hearing thereon, pursuant to Whatcom County Code 1.10 (AB2018-238) (Video Link)
 Held for one year

 5. Resolution declaring Whatcom County real property as surplus (property located on Deeter Road) and setting a date for public hearing thereon, pursuant to Whatcom County Code 1.10 (AB2018-211) (Video Link)
Approved 7-0, Resolution 2018-030

 6. Request authorization for the County Executive to enter into a memorandum of agreement between Whatcom County and Washington State Department of Ecology to promote the efficient use of local and state agency resources, provide timely review and response to biosolids project proponents, and ensure continued protection of public health and the environment (AB2018-240)  (Video Link)
Approved 7-0

 7. Resolution authorizing Public Works to submit a grant application and, if successful, for the County Executive to enter into a grant agreement between Whatcom County Flood Control Zone District and Washington State Recreation and Conservation Office for funding through the Estuary and Salmon Restoration Program (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2018-241) (Video Link)
Approved 7-0, Resolution 2018-031

 8. Request authorization for the County Executive to enter into a contract amendment between Whatcom County Flood Control Zone District and Herrera Environmental Consultants to provide additional support to update and broaden the scope of the 1999 Lower Nooksack River Comprehensive Flood Hazard Management Plan and to integrate reach-scale strategies for flood risk reduction with the needs of salmon and floodplain land use, in the amount of $150,000, for a total amended contract amount of $189,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2018-242) (Video Link)
Approved 7-0

 9. Request authorization for the County Executive to enter into a contract between Whatcom County Flood Control Zone District and United States Geological Survey to provide integrated modeling to simulate the effects of the proposed project alternatives for flood hazard reduction and habitat improvements, and of projected changes in stream flows, sediment delivery sea-level rise, storm surges, and waves in the reach downstream of Ferndale, in the amount of $250,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2018-243) (Video Link)
Approved 7-0

 
From Public Works and Health Committee

10. Resolution approving the Lake Whatcom Water and Sewer District Water System Comprehensive Plan (AB2018-256)  (Video Link)
Approved 7-0, Resolution 2018-032

 From Planning and Development Committee

11. Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and the City of Bellingham concerning the Bennett/Bakerview/Airport Drive annexation (AB2018-251) (Video Link)
Approved 7-0
COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 
Per Whatcom County Code 2.03.060 and 100.02.080, applications for council-appointed and Flood Control Zone District 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. 

1. Appointment to the Whatcom County Wildlife Advisory Committee (technical expertise in wildlife and habitat management representative), term ending December 31, 2022, applicant: Robert Waddell (AB2018-214) (from August 8)  (Video Link)
Robert Waddell appointed 5-1, Byrd opposed and Brenner abstained

 2. Appointment to the Surface Mining Advisory Committee (ecologist representative), applicant: Dustin Gleaves (AB2018-222) (Video Link)
 Dustin Gleaves appointed 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. Receipt of application to fill vacancy on the Whatcom County Business and Commerce Advisory Committee (for-profit entity in recreation representative), applicant: Clark Campbell (committee advises the Whatcom County Council on various issues, including regulations and policies that could impact local businesses, industry, or economic development) (application deadline for any other applicants is 10 a.m. September 18, 2018) (AB2018-239)
Introduced 7-0

 2. Resolution authorizing the sale of Whatcom County surplus property pursuant to Whatcom County Code 1.10 (AB2018-211A)
Introduced 7-0

 3. Ordinance adopting amendments to the Whatcom County Comprehensive Plan and Whatcom County Code Title 24, Health Code (relating to water resources and the implementation of ESSB 6091) (AB2018-253)
 Introduced 7-0

 4. Ordinance amending the Whatcom County budget, eleventh request, in the amount of $948,010 (AB2018-254)
Introduced 7-0

 5. Resolution amending the Whatcom County Flood Control District and Subzones 2018 budget, third request, in the amount of $86,391 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2018-255)
Introduced 7-0

 6. Request for public comment and Council action on a request to authorize the County Executive to enter into an interlocal agreement between Whatcom County and the City of Bellingham to purchase inclement weather protective gear from funds provided by the Edward Byrne Memorial Justice Assistance Grant Program, in the amount of $13,223 (AB2018-257)
Introduced 7-0

 7. Resolution approving the Whatcom County Six-Year Transportation Improvement Program for the years 2019 through 2024 (AB2018-250)
Introduced 7-0
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES  (Video Link)
ADJOURN
The next regular council meeting is scheduled for 7 p.m. September 25, 2018, in the Council Chambers, 311 Grand Avenue, Bellingham.