October 9, 2018

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 October 9, 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

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

Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion

1. Discussion regarding previously issued BP rail capacity expansion project permit (AB2018-277)

Other Business
FINANCE AND ADMINISTRATIVE SERVICES COMMITTEE 
Members: Rud Browne, Tyler Byrd, Satpal Sidhu  
11 a.m. Tuesday, October 9, 2018
Council Chambers, 311 Grand Avenue, Bellingham
County Executive’s Report
Special Presentation 

1. Report from Human Resources Manager Karen Goens (AB2018-066)

Committee Discussion and Recommendations to Council

1. Ordinance establishing the Financial System Software Fund and establishing a project based budget to replace the financial system software (AB2018-269)

2. Ordinance closing Telecommunications System Replacement Fund 351 (AB2018-270)

3. Ordinance amending Project Budget No. 2 (Jail Improvement Project, as established through Ordinance 2011-031), third request, in the amount of $4,589,000, for a total project budget of $8,367,000 (AB2018-271)

4. Ordinance amending the Whatcom County Budget, twelfth request, in the amount of $136,027 (AB2018-272)

Council "Consent Agenda" Items

1. Request authorization for the County Executive to enter into a contract between Whatcom County and Opportunity Council to support the East Whatcom Regional Resource Center Phase II Expansion Project, in the amount of $415,000 (AB2018-279)

2. Request authorization for the County Executive to accept a grant award from the U.S. Department of Homeland Security toward the purchase of a salt water patrol vessel, in the amount of $280,125 (AB2018-280)

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 p.m. Tuesday, October 9, 2018
Council Office Conference Room, 311 Grand Avenue, Bellingham
Committee Discussion

1. Discussion with Deputy Prosecutor George Roche regarding pending litigation, Kayser vs. Whatcom County (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
PUBLIC WORKS AND HEALTH COMMITTEE 
Members: Barry Buchanan, Barbara Brenner, Timothy Ballew 
1:30 p.m. Tuesday, October 9, 2018
Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion

1. Discussion regarding proposed resolution approving the Whatcom County 2019 Annual Construction Program (AB2018-281) (resolution scheduled for introduction this evening)

2. Discussion regarding Point Roberts solid waste issues (AB2018-146C)

3. Discussion regarding proposed ordinance adopting amendments to the Whatcom County Comprehensive Plan relating to Capital Facilities (ordinance scheduled for introduction this evening) (AB2018-282)

Other Business
CRIMINAL JUSTICE AND PUBLIC SAFETY COMMITTEE 
Members: Barry Buchanan, Tyler Byrd, Satpal Sidhu
3 p.m. Tuesday, October 9, 2018
Council Chambers, 311 Grand Avenue, Bellingham
Special Presentation

1. Annual report from Prosecuting Attorney Dave McEachran (AB2018-066) Prosecuting Attorney's Annual Report

Other Business
SPECIAL COMMITTEE OF THE WHOLE 
Immediately following Criminal Justice and Public Safety Committee (no later than 3:30 p.m.) 
Tuesday, October 9, 2018
Council Chambers, 311 Grand Avenue, Bellingham
Committee Discussion

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

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, October 9, 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

(From Committee of the Whole)
Discussion with Deputy Prosecutor George Roche regarding pending litigation, Kayser vs. Whatcom County (AB2018-018) (Video Link)
Motion carried 6-0 to find the following: the Council finds the following: 1, The employees were acting in a manner in which the county had an interest, 2. The employees were acting in the discharge of a duty imposed or authorized by law, and 3. The employees acted in good faith.  The officers, officials, agents, or employees will be defended and indemnified pursuant to and consistent with the provisions in WCC Chapter 2.56

MINUTES CONSENT (Video Link)

1. Surface Water Work Session for September 18, 2018 - Approved Consent 6-0
2. Special Committee of the Whole for September 25, 2018 - Approved Consent 6-0
3. Regular County Council for September 25, 2018 - Approved Consent 6-0

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 adopting the Six-Year Water Resources Improvement Program for the years 2019-2024 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2018-268) (Video Link)
Approved 6-0, Resolution 2018-036

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 between Whatcom County and Opportunity Council to support the East Whatcom Regional Resource Center Phase II Expansion Project, in the amount of $415,000 (AB2018-279)
Approved Consent 6-0

2. Request authorization for the County Executive to accept a grant award from the U.S. Department of Homeland Security toward the purchase of a salt water patrol vessel, in the amount of $280,125 (AB2018-280)
Held in Committee

OTHER ITEMS

From the Finance and Administrative Services Committee

1. Ordinance establishing the Financial System Software Fund and establishing a project based budget to replace the financial system software (AB2018-269)  (Video Link)
Adopted 6-0, Ordinance 2018-049

2. Ordinance closing Telecommunications System Replacement Fund 351 (AB2018-270) (Video Link)
Adopted 6-0, Ordinance 2018-050

3. Ordinance amending Project Budget No. 2 (Jail Improvement Project, as established through Ordinance 2011-031), third request, in the amount of $4,589,000, for a total project budget of $8,367,000 (AB2018-271) (Video Link)
Adopted 5-1, Donovan opposed, Ordinance 2018-051

4. Ordinance amending the Whatcom County Budget, twelfth request, in the amount of $136,027 (AB2018-272) (Video Link)
Adopted 6-0, Ordinance 2018-052

No Committee Assignment

5. Resolution establishing regular County Council meeting dates for 2019 (AB2018-276)  (Video Link)
Approved 5-1, Brenner opposed, Resolution 2018-037

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 fill vacancy on Lake Whatcom Stormwater Utility Advisory Committee, (geographic representative), applicant: Nancy Alyanak (AB2018-258) (Video Link)
Nancy Alyanak appointed 6-0

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 appointments to the Whatcom County Commission on Salaries for Elected Officials (AB2018-283) (Video Link)
Confirmed 6-0

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. Ordinance adopting amendments to the Whatcom County Comprehensive Plan relating to Capital Facilities (AB2018-282)
Introduced with substitute Exhibit A, 6-0 

2. Resolution approving the Whatcom County 2019 Annual Construction Program (AB2018-281)
Introduced with substitute pages 6-0

3. Ordinance closing County Parks Improvement Fund 330 (AB2018-284)
Introduced 6-0

4. Ordinance amending the Whatcom County budget, thirteenth request, in the amount of $182,722 (AB2018-285)
Substitute Introduced 6-0

5. Ordinance changing the name of Creasy Road to Creasey Road (AB2018-286)
Introduced 6-0

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES (Video Link)

Motion carried 6-0 to send a letter from the Council to Jason Goldstein, Washington State Parks & Recreation Commission, in support of the Sno-Park and Trails Maintenance grant.  (Video Link)
ADJOURN
The next regular council meeting is scheduled for 7 p.m. October 23, 2018, in the Council Chambers, 311 Grand Avenue, Bellingham.