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WHATCOM COUNTY COUNCIL
Regular County Council Meeting
March 3, 2015
CALL TO ORDER
Council Chair Carl Weimer called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(7:04:14 PM)
Present: Barbara Brenner, Ken Mann, Carl Weimer, Pete Kremen, Rud Browne
and Barry Buchanan.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
Weimer announced there was discussion with Chief Civil Deputy Prosecutor
Daniel Gibson regarding legal issues related to proposed Lake Whatcom TMDL
(total maximum daily load) (AB2014 -018) and discussion with Senior Civil Deputy
Prosecutor Karen Frakes regarding Court of Appeals Case No. 70796-5 -
I, Whatcom County v. Eric Hirst, et al (AB2015 -018) in executive session during the
Committee of the Whole meeting.
SPECIAL ORDER OF BUSINESS
1. PUBLIC STATEMENTS OF QUALIFICATIONS AND DESIRES BY APPLICANTS
FOR THE OPEN DISTRICT 2 POSITION ON THE WHATCOM COUNTY COUNCIL
(AB2015 -071)
Jim Cozad stated he does not desire full -time work or to be a professional politician.
He will not seek election to the office in November. He described his interest in several
community issues and referenced a publication from the League of Women Voters that can
be used to solve problems. He described his professional experience as a teacher and social
worker, his experience volunteering in the community, and his leadership skills.
Jessica Elenbaas read a statement for Kathy Kershner who was unable to attend the
meeting.
Satpal Sidhu spoke about his reasons for serving on the County Council, including
giving back to the community. He described his interest in several community issues,
political perspective as a collaborator and team player, and skills he will bring to the
Council.
Regular County Council Meeting, 3/3/2015, Page 1
1
2 MINUTES CONSENT
3
4 Brenner moved to approve Minutes Consent items one through seven,
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6 The motion carried by the following vote:
7 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6)
8 Nays: None (0)
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10 1. SPECIAL COMMITTEE OF THE WHOLE FOR OCTOBER 23, 2014
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12 2. SPECIAL COMMITTEE OF THE WHOLE FOR OCTOBER 27, 2014
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14 3. SURFACE WATER WORK SESSION FOR NOVEMBER 18, 2014
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16 4. COMMITTEE OF THE WHOLE FOR JANUARY 13, 2015
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18 S. REGULAR COUNTY COUNCIL FOR JANUARY 13, 2015
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20 6. COMMITTEE OF THE WHOLE FOR JANUARY 27, 2015
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22 7. REGULAR COUNTY COUNCIL FOR JANUARY 27, 2015
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25 PUBLIC HEARINGS
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27 1. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 AND THE
28 COMPREHENSIVE PLAN REGARDING SURFACE MINE PERMITTING, THE
29 MINERAL RESOURCE LANDS DESIGNATION PROCESS, AND MINERAL
30 RESOURCE LANDS DESIGNATION CRITERIA (AB2014 -344)
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32 Weimer opened the public hearing, and the following people spoke:
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34 Dan Cox, Concrete Nor'West, submitted a handout (on file) and stated he asks that
35 the Council slow down in amending the process until the Surface Mining Advisory Committee
36 finishes its work. The ordinance includes requirements they are opposed to. If the Council
37 chooses areas for mineral resources lands (MRLs), it will be difficult to meet the criteria.
38 The County is not able to agree to mitigation or know detailed mining plans. Consider how
39 the County will suggest designating mineral resource lands.
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41 Brad Davis, Surface Mining Advisory Committee Member, stated the Council should
42 consider the recommendations from the Advisory Committee. As proposed, the Council will
43 have to fund all the environmental reviews before determining mineral resource land areas.
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45 Hearing no one else, Weimer closed the public hearing.
46
47 Mann moved to forward for concurrent review with other Comprehensive Plan
48 amendment proposals.
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50 Brenner asked if there is a County determination that the County will run out of
51 mineral resources by 2042 and whether it includes variables such as aggregate that is
52 imported and exported.
53
Regular County Council Meeting, 3/3/2015, Page 2
Josh Fleishmann, Planning and Development Services, stated the aggregate resource
update included just the aggregate that is in the ground.
Brenner stated the County should include environmental impact information when it
designates mineral resource lands. It's a problem to designate mineral resource land
without any environmental information. Applicants in a designated area feel they have a
right to get a permit. She would like the environmental review at the beginning of the
process to answer questions and be confident that land designated as a mineral resource
land can actually be used as a mineral resource land. She could modify her position if the
gravel mining industry can provide information on how much aggregate is imported to and
exported from Whatcom county. She agrees with some of the Surface Mining Advisory
Committee recommendations, but applicants and attorneys do believe that designated areas
should be permitted and mined.
Browne stated it's difficult to ask a business to invest in an environmental review
for a project they may not start for ten or 20 years. Connect the expense of an
environmental review to revenue. He shares the industry's concern. He would like to hold
this item and have a discussion with the industry. He moved to hold in Council.
The motion to hold in Council carried by the following vote:
Ayes: Brenner, Kremen, Browne and Buchanan (4)
Nays: Mann and Weimer (2)
2. ORDINANCE AMENDING WHATCOM COUNTY HEALTH CODE WCC 24.13,
DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING OR STORAGE
SITES (AB2015 -069) (7:33:32 PM)
John Wolpers, Health Department, gave a staff report and stated the Board of Health
directed staff to come up with language and bring forward amendments to address
problems. He submitted proposed amendments (on file) that mention distribution when
referencing illegal manufacturing and storage.
Brenner asked how distribution of illegal drugs affects areas. Wolpers stated that
when drugs are distributed, usually there is also associated drug use.
Weimer opened the public hearing, and the following people spoke:
Dick Conoboy stated the State contamination levels should be lowered. There is no
safe level of contamination. There is no empirical evidence to show that there is a decrease
of financial barriers to self- reporting and cleanup or that the current ordinance is onerous.
This is an attempt to push the cost onto local jurisdictions. The people who live in these
places will lose. Don't adopt this ordinance.
Hearing no one else, Weimer closed the public hearing.
Mann moved to refer to the Public Works, Health, and Safety Committee to deal
with issues that include the definition of an illegal use site. Given the level of complexity
and controversy, it's good to discuss this in committee.
The motion to refer to committee carried by the following vote:
Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6)
Nays: None (0)
Regular County Council Meeting, 3/3/2015, Page 3
OPEN SESSION
(7:43:56 PM)
The following people spoke:
• Wendy Harris spoke on the issue of forming a wildlife management and
planning committee in time to inform the Comprehensive Plan update.
• Charles Law spoke on the issue of forming a wildlife management and
planning committee in time to inform the Comprehensive Plan update.
Weimer stated councilmembers are interested in the possibility of forming a wildlife
management committee and are working on it.
Browne stated he encourages people to submit their names if they are interested in
participating.
Kremen stated the committee should have definitive goals and objectives.
Brenner stated she supports the concept, but it will be a complex issue.
• Joseph McDonald submitted and read from a presentation (on file) and spoke
about animal control issues and unleashed dogs.
• Keith Glading submitted and read from a handout (on file) regarding
fundraising efforts for the Point Roberts library expansion.
• Ryan Erickson spoke about creating a wildlife management committee.
• Nicholas Kunkel spoke about creating a wildlife management committee.
• Eleanor Hinz, North Sound Bay Keeper Team, spoke about creating a wildlife
management committee.
• John Lesow submitted a handout (on file) and spoke about creating a wildlife
management committee and creating and preserving wildlife corridors.
• Ruth Higgins spoke about appointing Satpal Sidhu to the vacant County
Council position.
• Mike Kaufman spoke about the utility chapter of the Comprehensive Plan.
• Kris Halterman submitted and read from a handout (on file) and spoke about
planning for mineral resource lands and appointing Kathy Kershner to the
vacant County Council position.
• Donna Kelleher spoke about creating a wildlife management committee and
identifying existing wildlife corridors.
• Pat Alesse spoke about the connectedness of ecology and the economy.
• Scott Hackett, Pomona Granges, submitted and read from a resolution (on
file) and spoke about the Puget Sound Nearshore Ecosystem Restoration
Project (PSNERP) and the Council meeting schedule.
• Marion Beddill spoke about public education for Lake Whatcom shoreline
residents regarding phosphorous pollution in Lake Whatcom.
• Greg Brown spoke about appointing Kathy Kershner to the vacant County
Council position.
• Patricia Small spoke about the criteria for appointing someone to the vacant
County Council position.
• Brooks Anderson spoke about appointing Satpal Sidhu to the vacant County
Council position, accepting public comments during committee meetings, and
creating a wildlife management committee.
Regular County Council Meeting, 3/3/2015, Page 4
CONSENT AGENDA
Browne reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one and two.
Brenner withdrew item two.
The motion to approve Consent Agenda item one carried by the following vote;
Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6)
Nays: None (0)
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
ECONOMIC DEVELOPMENT INVESTMENT PROGRAM INTERLOCAL LOAN AND
GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE PORT OF
BELLINGHAM FOR THE C STREET TERMINAL INFRASTRUCTURE
REHABILITATION PROJECT, IN THE AMOUNT OF $2,000,000 LOAN AND
$1,000,000 GRANT (AB2015 -083)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF A REPLACEMENT FRONT LOADER, USING THE WASHINGTON
STATE CONTRACT, IN THE AMOUNT OF $147,978.70 (AB2015 -084)
Brenner stated this is for a second, backup front loader. They don't need an
expensive piece of equipment for a backup. The County has an entire department
dedicated to keeping things running and in shape. There are many people in the county
who help the County manage snow events. The County doesn't need to spend this kind of
money.
Browne stated the second front loader is used offsite for projects. It's not a backup
unit that sits idle.
Mann stated this seems like an expensive luxury. He would like to see information
on the number of hours the machine is used. Staff did not make a strong case today for
purchasing the item.
Kremen stated staff told the committee that a reason for the request is because the
current front loader is obsolete and parts are difficult to stock. They would like two pieces
of machinery that use the same parts. He has reservations about the purchase, but the
County would be able to get some revenue by surplusing the obsolete front loader, and the
County would be set for many years if it makes this purchase.
Weimer stated the front loader is out in the field being used for road projects. They
have gotten the vendor to hold the price at last year's price, which saves the County about
$6,000.
Brenner stated the unit that the County currently owns is capable of doing the work
at this point. Staff indicated the equipment was a backup unit. She asked for more
information about the cost of repairs, but the costs have remained steady. It's not a
significant reason for replacement. If the County needs backup work, it can contract for the
equipment and the service. Don't replace something just because of its age. There was no
information that showed the equipment is falling apart.
Regular County Council Meeting, 3/3/2015, Page 5
Kremen stated he's not totally convinced about the purchase. He asked why he
should support the request.
Tyler Schroeder, Executive's Office, gave a staff report and stated this model is
similar to the front loader the County purchased recently, so they can achieve efficiency by
stocking the same parts for both. The Public Works Department doesn't lightly request
replacement of an item this large. He described the Equipment Rental and Revolving
(ER &R) fund. The County has had two front loaders since 1993. It's reasonable to continue
that work.
Brenner stated the fact that they've always done it this way isn't a good enough
reason for purchasing new equipment. The County can order extra parts of things that
need to be replaced rather than having two huge expenditures to share parts.
Browne stated having only one front loader will wear the machine out twice as
quickly. Two machines of the same time requires fewer spare parts, operator training, and
maintenance.
The motion carried by the following vote:
Ayes: Weimer, Kremen, Browne and Buchanan (4)
Nays: Brenner and Mann (2)
OTHER ITEMS
1. RESOLUTION PROVIDING GUIDANCE TO THE WATER RESOURCE INVENTORY
AREA 1 (WRIA 1) PLANNING UNIT (AB2015 -081)
Buchanan reported for the Natural Resources Committee and moved to approve
the resolution with an amendment to delete the last sentence from the Resource Needs
section in Exhibit A, "The County Council has appropriated ... as reasonably requested. We
believe that the reviews requested above should not require any additional funding for
Planning Unit completion, but if that assumption turns out to be incorrect please let us know
and provide a detailed budget request as early as possible.
Brenner moved to reinstate the language that the committee recommends striking.
Browne stated that they've been funding the Planning Unit for 20 months, and have
not gotten any productive work product. He's reluctant to provide open -ended continuing
funding until the Planning Unit members demonstrate that they can govern themselves and
produce something the County can use. He's not opposed to future funding if they can
deliver.
Weimer stated that if the Planning Unit needs more money, it will ask. One of the
water districts pointed out that much of the money is from the Flood Control Zone District.
Brenner stated the language says the Planning Unit has to make a good case for
requesting more funding. This is not the first Planning Unit that's taken time to come up
with a final product. The resolution includes a goal. This language should reassure
Regular County Council Meeting, 3/3/2015, Page 6
1 everyone that the Council is willing to listen to the Planning Unit. Add language to the
2 sentence, "...engage the County Executive when necessary..."
3
4 Councilmember Brenner's motion failed by the following vote:
5 Ayes: Brenner (1)
6 Nays: Mann, Weimer, Kremen, Browne and Buchanan (5)
7
8 The motion to approve with the amendment carried by the following vote:
9 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6)
10 Nays: None (0)
11
12 2. ORDINANCE AMENDING THE 2015 WHATCOM COUNTY BUDGET, SECOND
13 REQUEST, IN THE AMOUNT OF $2,364,947 (AB2015 -067)
14
15 Browne reported for the Finance and Administrative Services Committee and
16 moved to adopt the ordinance.
17
18 The motion carried by the following vote:
19 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6)
20 Nays: None (0)
21
22 3. ORDINANCE (AMENDMENT NO. 1) AMENDING ORDINANCE 2013 -060
23 ESTABLISHING THE STATE STREET BUILDING ACQUISITION AND
24 IMPROVEMENT FUND AND RELATED CAPITAL BUDGET APPROPRIATION
25 (AB2015 -068)
26
27 Browne reported for the Finance and Administrative Services Committee and
28 moved to adopt the ordinance.
29
30 Brenner stated she is opposed to project -based budgets because the contracts don't
31 come back before the Council for approval. It's less transparent for the public.
32
33 Browne stated the issue of transparency is a concern. The Executive's Office is
34 preparing a proposal to address the issue, which will come before the Council soon.
35
36 Brenner stated she and Councilmember Weimer wrote a draft ordinance that would
37 have taken care of it in the interim. They don't know what the Executive's proposal will say.
38 The Council is giving up more and more of its responsibility.
39
40 Browne stated he voted against the draft ordinance from Councilmember Brenner
41 because it didn't address the issue. The proposal didn't cover project -based funding.
42
43 Brenner stated the ordinance did address project -based funding. It removed the
44 clause that gave the County Executive the ability to move forward with project -based
45 budgeting.
46
47 Mann stated he wants to reconsider the oversight of project -based budgets, but that
48 won't prevent him from supporting this ordinance and project.
49
50 Buchanan stated he agrees with Councilmember Mann. He looks forward to the
51 discussion about project -based budgets, but he won't hold up this project, because it is
52 necessary.
53
Regular County Council Meeting, 3/3/2015, Page 7
1 Brenner moved to amend to remove this item as a project -based budget.
2
3 Weimer stated the motion is out of order because they've already designated it as a
4 project -based budget.
5
6 Kremen asked if the original budget included contingencies.
7
8 Tyler Schroeder, Executive's Office, stated there are contingencies. The money for
9 soil remediation was discussed with Council when they purchased the property. This is just
10 the paperwork to accomplish that funding source into the project fund budget.
11
12 The motion carried by the following vote:
13 Ayes: Mann, Weimer, Kremen, Browne and Buchanan (5)
14 Nays: Brenner (1)
15
16 4. RESOLUTION INITIATING PROPOSED WHATCOM COUNTY COMPREHENSIVE
17 PLAN AND ZONING ORDINANCE AMENDMENTS (AB2015 -085)
18
19 Mann reported for the Planning and Development Committee and moved to approve
20 the substitute resolution.
21
22 Mark Personius, Planning and Development Services Department, stated there is also
23 a request for the Council to grant a fee waiver for the Point Roberts Character Plan.
24
25 Brenner moved to amend the motion to waive the fee for the Point Roberts
26 Character Plan.
27
28 Mann asked what the fee is and what criteria are used to consider waiving the fee.
29 Personius read through the criteria for considering waiving the fee, which is $8,860.
30
31 Browne stated this request doesn't benefit any item or individual, but it benefits the
32 community. He supports the fee waiver.
33
34 The motion to amend carried by the following vote:
35 Ayes: Brenner, Mann, Weimer, Kremen, Browne and Buchanan (6)
36 Nays: None (0)
37
38 The motion to adopt the substitute as amended carried by the following vote:
39 Ayes: Brenner, Mann, Weimer, Kremen, Browne and Buchanan (6)
40 Nays: None (0)
41
42
43 COUNCIL APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
44
45 1. APPOINTMENT TO FILL A VACANCY ON THE SURFACE MINING ADVISORY
46 COMMITTEE, SURFACE MINING MATERIAL USER REPRESENTATIVE,
47 APPLICANT: KYLE STRENGHOLT (AB2015 -044A)
48
49 Brenner moved to appoint Kyle Strengholt.
50
51 The motion carried by the following vote:
52 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6)
53 Nays: None (0)
Regular County Council Meeting, 3/3/2015, Page 8
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EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S REAPPOINTMENT
OF RICHARD YODER TO THE WHATCOM COUNTY AGRICULTURAL ADVISORY
COMMITTEE (AB2015 -086)
Brown moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6)
Nays: None (0)
APPROVAL OF COMPREHENSIVE PLAN AMENDMENTS
Weimer asked if the Council has a deadline for approving all the amendments.
Mark Personius, Planning and Development Committee, stated they don't have a
deadline. He will schedule the Surface Mining Advisory Committee soon.
1. ORDINANCE REPEALING THE 1994 ELIZA ISLAND PLAN AND AMENDING
PROVISIONS IN THE WHATCOM COUNTY COMPREHENSIVE PLAN AND
ZONING CODE RELATING TO THE PLAN (AB2014 -196)
2. ORDINANCE REPEALING THE 1991 SOUTH FORK VALLEY SUBAREA PLAN
AND AMENDING PROVISIONS IN THE WHATCOM COUNTY COMPREHENSIVE
PLAN RELATING TO SUBAREA PLANS (AB2014 -197)
3. ORDINANCE REPEALING THE 1982 LAKE WHATCOM SUBAREA PLAN AND
AMENDING PROVISIONS IN THE WHATCOM COUNTY COMPREHENSIVE PLAN
RELATING TO SUBAREA PLANS (AB2014 -198)
4. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 AND THE
COMPREHENSIVE PLAN REGARDING SURFACE MINE PERMITTING, THE
MINERAL RESOURCE LANDS DESIGNATION PROCESS, AND MINERAL
RESOURCE LANDS DESIGNATION CRITERIA (AB2014 -344)
INTRODUCTION ITEMS
Buchanan moved to accept the Introduction Items.
The motion carried by the following vote:
Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6)
Nays: None (0)
1. RECEIPT OF AN APPEAL OF A HEARING EXAMINER DECISION FILED BY
JULIE CARNEY AND MICHAEL REID REGARDING LINCOLN PARK
RETIREMENT HOME CENTER, CUP2009 -0021, LSS 2010 -0002 (AB2015 -070)
Regular County Council Meeting, 3/3/2015, Page 9
1 2. RECEIPT OF AN APPEAL OF A HEARING EXAMINER DECISION FILED BY KEN
2 AND CHARMAE SCHEFFER REGARDING "ROVER STAY OVER ", APL2014 -0007,
3 APL 2014 -0008, APL 2014 -0009 (AB2015 -080)
4
5 3. RECEIPT OF APPLICATION FOR THE SOLID WASTE ADVISORY COMMITTEE -
6 WASTE COLLECTION INDUSTRY REPRESENTATIVE, APPLICANT: TROY
7 LAUTENBACH (AB2015 -079) (APPLICATION DEADLINE FOR ANY OTHER
8 APPLICANTS TO THIS VACANCY IS 10 A.M. ON MARCH 10, 2015)
9
10 4. RESOLUTION REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT
11 FUNDING REPORT AND NEW APPLICATION (AB2015 -087)
12
13
14 COMMITTEE REPORTS AND OTHER ITEMS
15
16 Brenner stated the paint markers at the roundabout at Slater Road and the freeway
17 are fading, and it's dangerous.
18
19 Tyler Schroeder, Executive's Office, stated he will look into it.
20
21 Letter of support for funding two positions to expand Juvenile Detention
22 Alternative Initiative
23
24 Browne stated he submitted a proposed letter (on file) and proposes sending it to
25 the legislative delegation from the 40th and 42nd legislative districts. Sheriff Elfo is
26 requesting this letter. Whatcom County is one of ten counties doing this. He moved to
27 approve the letter.
28
29 The motion carried by the following vote:
30 Ayes: Brenner, Mann, Weimer, Kremen, Browne and Buchanan (6)
31 Nays: None (0)
32
33
34 COUNCILMEMBER UPDATES
35
36 Mann reported on the consequences of the lack of snow in the mountains this year,
37 which will result in a low level of snow melt.
38
39 Kremen reported on the recent National Association of Counties (NACO) conference
40 in Washington D.C. and an upcoming meeting about the distribution of tax collected from
41 the marijuana industry in substitute house bill 2136.
42
43 Brenner moved to support Councilmember Kremen and the County's efforts
44 regarding funding associated with marijuana and Substitute House Bill 2136.
45
46 The motion carried by the following vote:
47 Ayes: Brenner, Mann, Weimer, Kremen, Browne and Buchanan (6)
48 Nays: None (0)
Regular County Council Meeting, 3/3/2015, Page 10
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Brenner reported on a recent 4H presentation she judged, information from the
League of Women Voters regarding economic insecurity, the opening of the Drayton Harbor
Oyster House in Blaine, and a recent award ceremony sponsored by Phillips 66 for middle
school math students.
Browne reported on the NACO conference in Washington D.C. and sessions he
attended on alternative justice options and the growing issue of cyber security.
Weimer reported on a recent meeting of the Lake Whatcom Policy Group and the
possibility of scheduling presentations from nonprofit groups during committee meetings
throughout the year.
ADJOURN
The meeting adjourned at 9:27 p.m.
The County Council approved these minutes on March 31, 2015.
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Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Regular County Council Meeting, 3/3/2015, Page 11