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HomeMy WebLinkAboutCouncil July 9 20131 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 WHATCOM COUNTY COUNCIL Regular County Council July 9, 2013 CALL TO ORDER Council Chair Kathy Kershner called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL (7:00:04 PM) Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy Kershner, Carl Weimer and Pete Kremen. Absent: None. FLAG SALUTE ANNOUNCEMENTS There were no announcements. MINUTES CONSENT (7:00:57 PM) Knutzen moved to approve Minutes Consent items one through seven. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. SPECIAL COMMITTEE OF THE WHOLE FOR MAY 21, 2013 2. REGULAR COUNTY COUNCIL FOR MAY 21, 2013 3. SPECIAL COMMITTEE OF THE WHOLE (MORNING RURAL ELEMENT DISCUSSION) FOR JUNE 4, 2013 4. SPECIAL COMMITTEE OF THE WHOLE (AFTERNOON JAIL PLANNING UPDATE) FOR JUNE 4, 2013 5. REGULAR COUNTY COUNCIL FOR JUNE 4, 2013 6. SPECIAL COMMITTEE OF THE WHOLE FOR JUNE 18, 2013 7. COMMITTEE OF THE WHOLE FOR JUNE 18, 2013 Whatcom County Council, 7/9/2013, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 PUBLIC HEARINGS 1. ORDINANCE CLOSING A PORTION OF BOUNDARY ROAD (AB2013 -202) (7:01:41 PM) Kershner opened the public hearing and, hearing no one, closed the public hearing. Crawford moved to adopt the ordinance. He asked if it will permanently close a cul de sac that runs east to west. He asked if anyone analyzed how much traffic uses that road. Joe Rutan, Public Works Department, stated it will create a dead end. He did not analyze traffic patterns. Chris De Michio, Washington State Department of Transportation, stated they don't have any traffic data, but they talked to local residents. A lot of the traffic on Boundary Road are people who are in line to cross the border. Knutzen asked if they considered compensating rental residents who lost access to the Guide Meridian. De Michio stated they did not. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 2. ORDINANCE ORDERING THE CLOSURE OF LIMESTONE ROAD EAST OF TILBURY ROAD (AB2013 -235) (7:06:39 PM) Kershner opened the public hearing and, hearing no one, closed the public hearing. Brenner moved to adopt the ordinance. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 3. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR DIVISIONS OF LAND RESULTING IN LOTS SMALLER THAN FIVE ACRES WITHIN THE LAKE WHATCOM WATERSHED (AB2012 -040C) (7:07:45 PM) Kershner opened the public hearing and, hearing no one, closed the public hearing. Kremen moved to adopt the ordinance. Kershner asked the process for ending this moratorium when the Council adopts permanent regulations. They can repeal it. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Whatcom County Council, 7/9/2013, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 OPEN SESSION (7:09:42 PM) The following people spoke: • Yoshi Revelle spoke about the words people choose when speaking. • Lynn Pendleton spoke about the proposed packinghouse ordinance. • Nicole Brown spoke about the proposed packinghouse ordinance. • Bonnie Drake - Barker spoke about the proposed packinghouse ordinance. • Greg Brown spoke about the proposed packinghouse ordinance. • Wendy Harris spoke about the proposed packinghouse ordinance. • Max Perry spoke about the proposed packinghouse ordinance. • Donna Clark spoke about installing the County and City installing honey buckets on property around Lake Whatcom. CONSENT AGENDA (7:23:55 PM) Mann reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through eight. Kershner stated Consent Agenda item eight includes a substitute version. Mann stated that is correct. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. RESOLUTION ORDERING THE CANCELLATION OF CHECKS MORE THAN TWO YEARS OLD FROM THE WHATCOM COUNTY ]AIL INMATE TRUST FUND (AB2013 -242) 2. REQUEST APPROVAL OF THE WHATCOM COUNTY DEPUTY SHERIFF'S GUILD COLLECTIVE BARGAINING AGREEMENT (AB2013 -243) 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL FOR TRANSPORTATION AND HYGIENE PRODUCT ASSISTANCE FOR DSHS MEDICAL CARE RECIPIENTS IN THE AMOUNT OF $22,610, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF $606,396 (AB2013 -244) 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND NORTH SOUND MENTAL HEALTH ADMINISTRATION FOR THE CRISIS STABILIZATION BEDS PROGRAM, IN THE AMOUNT OF $50,000, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF $974,811 (AB2013 -245) Whatcom County Council, 7/9/2013, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND BERGERABAM, INC. FOR ADDITIONAL ENVIRONMENTAL PERMITTING COORDINATION, CATHODIC PROTECTION DESIGN, AND SEDIMENTATION POND DESIGN, IN THE AMOUNT OF $38,117, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF $201,955 (AB2013 -246) 6. RESOLUTION AMENDING CRP NO. 913001 AND APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND LOW BIDDER, GRANITE CONSTRUCTION, INC. FOR HANNEGAN ROAD PAVEMENT REHABILITATION, IN THE AMOUNT OF $1,629,380 (AB2013- 247) 7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE REPAIR OF A 1998 FREIGHTLINER BASKET TRUCK BY THE SOLE SOURCE PROVIDER, ALTEC, IN THE AMOUNT OF $41,423.42 (AB2013 -248) 8. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND DLR GROUP TO INCLUDE SUPPLEMENTAL SERVICES REQUIRED TO COMPLETE PREFERRED SITE ANALYSIS, IN THE AMOUNT OF $38,000, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF $491,902 (AB2013 -249) OTHER ITEMS 1. INTERLOCAL AGREEMENT WITH THE CITY OF BELLINGHAM REGARDING ADMINISTRATION OF THE HOMEOWNER INCENTIVE PROGRAM (HIP) (AB2013 -239) (7 :24:54 PM) Weimer reported for the Natural Resources Committee moved to approve the agreement. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND KIBBLE & PRENTICE FOR BENEFIT CONSULTATION SERVICES FOR THE SELF - INSURED MEDICAL PROGRAM, IN THE AMOUNT OF $45,000 IN 2014, $46,500 IN 2015, AND $48,000 IN 2016 (AB2013 -193) (7 :25 :24 PM) Mann reported for the Finance and Administrative Services Committee and moved to approve the request. Brenner moved to amend the contract so that it is for one year only. She doesn't support a three -year contract. She was unimpressed with the terrible job they did trying to inform the County employees. Today, she talked to a representative of the contractor, who was very flippant. She asked what they are consulting with the County on, if they're not coming up with some ideas. We don't know the contractor is giving the County the best deal. She has no confidence in the contractor at all. Whatcom County Council, 7/9/2013, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Mann stated he could be persuaded to support the motion to amend the contract. Crawford stated the contractor and the County administration have already signed the contract. He asked if the Council can reject this contract and create a new contract. Karen Frakes, Prosecutor's Office, stated she doesn't know the background of this contract. In general, the Council can approve just one year. That doesn't mean the contractor will accept the contract. Mann asked if the County Executive knows of any reason that a one -year contract would be a problem. Jack Louws, County Executive, stated he agrees with comments from Ms. Frakes. He doesn't know if the contractor would accept a one -year contract. He encourages the Council to adopt the three -year plan. It's a professional consulting firm that goes onto the open reinsurance market to provide the County information on insurance packages for its employees. Last year was a difficult year. The contractor explained why that was. He has confidence that the contractor will be able to shore up inadequacies of last year and move forward. Kibble and Prentice has been the County's benefit advisor for quite a few years. They've done a good job. He trusts the committee that went through this request for qualifications (RFQ) process, which included Dan Gibson, Karen Goens, and Northwest Regional Council Deputy Director Pat Atkinson. Mann stated he appreciates Executive Louws' comments. When someone has a nice government contract like that for a long time, one may need to be kept alert. Last year was difficult. There were widespread complaints and people were upset. Keep the contractor for a year and let them know they need to redeem themselves. They must give the County their best effort every year. That is an okay message to send. He supports the motion to amend. Louws stated the Council could make the contract a three -year contract, with Council approval annually. The motion to amend carried by the following vote: Ayes: Kremen, Brenner, Knutzen and Mann (4) Nays: Crawford, Kershner, and Weimer (3) The motion to approve as amended carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 3. REQUEST APPROVAL OF THE ECONOMIC DEVELOPMENT INVESTMENT BOARD'S RECOMMENDATION FOR EDI FUNDING (AB2013 -241) (7:33 :12 PM) Mann reported for the Finance and Administrative Services Committee and moved to approve the request. Brenner stated the Economic Development Investment (EDI) fund is a dedicated fund paid into by all the jurisdictions and the county. The program is a two -third loan and one -third grant. It was passed by the EDI Board. They've used the money for this type of public facility before. It's not the County's money. She supports the request. Whatcom County Council, 7/9/2013, Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Mann stated he doesn't disagree with Councilmember Brenner, but the Council's job is to weigh the value of things, not to automatically approve everything the advisory bodies recommend. Using economic development funds to pay for a City's water treatment plant isn't economic development. Cities are supposed to do this. The City rate payers should pay for their water and sewer. The County should use its EDI funds for things with a clear and direct link between a project and economic development. He is against the request. Kremen stated he agrees with Councilmember Brenner's position, but doesn't agree that everyone pays into this. The rural sales tax applies to 31 of the 39 counties in Washington State. It was established to compensate counties for their inability to generate revenue due to the Growth Management Act. Whatcom County adopted a policy of using the rural sales tax for economic development purposes. Unlike almost all the other counties, Whatcom County set up a fund out of the rural sales tax. Sixty percent stayed in the rural sales tax definition, and forty percent goes into the EDI fund. Within the fund, the County enabled municipalities to use and distribute the money so they could provide for economic development within their jurisdictions. He supports the request from the City of Nooksack. It's infrastructure necessary for potential economic development. Without adequate water treatment facilities, municipalities don't have much chance to provide economic development in the future. This is a prudent and equitable way to use EDI funds. For years, Whatcom County distributed these EDI funds, but never to the City of Nooksack. Weimer stated he is against the request because the Department of Ecology may fund all or part of this project. Normally these sewer treatment plants are funded from the Department of Ecology through the Clean Water Act. This project is on hold until they find out if they get funding from Ecology. He can't vote for this using local money if it's possible the State will fund the project. He moved to amend to add a statement that this goes forward only after the Department of Ecology has turned down funding for this project. Don't use County funding instead of Department of Ecology funding. Kremen suggested a friendly amendment that the money requested from the EDI fund would be the last money in. Weimer accepted the friendly amendment. Crawford stated he is against the motion to amend. The Transportation Improvement Board always requires a local match. He doesn't know how Ecology operates, but the scoring is probably increased if there is a local match. The Council should keep this on track. This is a good growth management exercise. It helps a city, where the growth should go. Some of these places can't grow without expanded capacity. This sends a signal that the County supports the development and infill of its cities. There may be an environmental benefit. There is a benefit to growth management. Weimer stated this isn't a match. The City asked the same amount from the Department of Ecology. If they don't get the money from Ecology, they want to use the EDI money. They are not asking for a match. There is already City money being used for a match. Kershner asked if there is a timeline for when Ecology will respond to Nooksack and Everson. Jack Louws, County Executive, stated he doesn't know when Ecology will respond to the City of Nooksack. He shares concerns with Councilmember Crawford. The City of Nooksack is looking for loan and grant money. He doesn't know if the funds from Ecology Whatcom County Council, 7/9/2013, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 are loan money or grant money. The City of Nooksack is requesting a loan from Ecology. He encourages the Council to approve as recommended. Knutzen stated he is against the motion to amend. The project is worthwhile. The City needs it. The motion to amend failed by the following vote: Ayes: Kremen and Weimer (2) Nays: Crawford, Brenner, Knutzen, Mann, and Kershner (5) Brenner stated she agrees with Councilmember Kremen. Kremen stated he will vote for the request. Brenner stated the money would go to the State if they didn't use it locally. Kremen stated it would be best if the State paid most or all the amount. However, that probably won't happen. This is a good project. The Cities of Nooksack and Everson deserve to access this fund. The interest rate is one percent. Mann stated he wants to encourage infill in all the cities. The argument can also be made that upgrading the plant will encourage development in the urban growth area (UGA) on the outskirts of Nooksack, and then the City would ask for a UGA expansion in 2016. Cities should fund their own infrastructure. Brenner stated Nooksack and Everson have been good about working with the County to give up land in the flood plain and make sure they don't negatively impact flood plains and agricultural land. Kremen stated he agrees they shouldn't automatically approve everything that comes from the EDI Board, which overwhelmingly recommended $600,000 for a study for a terraquarium, which he didn't sign and didn't get developed. The motion to approve carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6) Nays: Mann (1) 4. RESOLUTION RESTORING THE WRIA 1 PLANNING UNIT TO ASSIST THE WHATCOM COUNTY COUNCIL REGARDING WATER RESOURCES (AB2013- 190) (7:55 :27 PM) Brenner reported for the Public Works, Health, and Safety Committee and stated a new version will be on the website and available at the Council Office. The Council will hold the new version to the next Council meeting on July 23. Mann stated section 6 on page two of the amended version includes language in brackets. It's language they discussed, but didn't vote to include. 5. ORDINANCE TO ENTER INTO A DEVELOPMENT AGREEMENT TO MITIGATE FOR WETLAND BUFFER FILL IN ORDER TO CREATE ADDITIONAL PARKING PURSUANT TO CONDITIONAL USE PERMIT (CUP) 2012 -00001 (AB2013 -234) (7 :59 :39 PM) Whatcom County Council, 7/9/2013, Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Knutzen reported for the Planning and Development Committee and moved to adopt the ordinance. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 6. RESOLUTION AMENDING WHATCOM COUNTY RESOLUTION NO. 2013 -007 TO INITIATE CHANGES TO THE POINT ROBERTS CHARACTER PLAN (AB2013- 088A) (8:00:24 PM) Knutzen reported for the Planning and Development Committee and moved to approve the resolution. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 7. ORDINANCE REPEALING THE 1986 LYNDEN - NOOKSACK VALLEY SUBAREA PLAN AND AMENDING PROVISIONS IN THE WHATCOM COUNTY COMPREHENSIVE PLAN RELATING TO SUBAREA PLANS (AB2013 -203) (8:01:00 PM) Knutzen reported for the Planning and Development Committee and moved to forward for concurrent review. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 8. ORDINANCE REPEALING THE 1987 BIRCH BAY - BLAINE SUBAREA PLAN AND AMENDING PROVISIONS IN THE WHATCOM COUNTY COMPREHENSIVE PLAN RELATING TO SUBAREA PLANS (AB2013 -204) (8 :01 :50 PM) Knutzen reported for the Planning and Development Committee and moved to forward for concurrent review. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 9. ORDINANCE REPEALING THE 1986 CHUCKANUT -LAKE SAMISH SUBAREA PLAN AND AMENDING PROVISIONS THE WHATCOM COUNTY COMPREHENSIVE PLAN RELATING TO SUBAREA PLANS (AB2013 -205) (8:03 :11 PM) Knutzen reported for the Planning and Development Committee and moved to forward for concurrent review. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Whatcom County Council, 7/9/2013, Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 INTRODUCTION ITEMS (8: 03:19 PM) Kershner stated Introduction Item nine has been withdrawn. Crawford moved to accept Introduction Items one through eight. Mann stated they need to hear from the public on the packinghouse ordinance. They will benefit having input from the public at a public hearing. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. ORDINANCE AMENDING WHATCOM COUNTY CODE TO ALLOW AGRICULTURAL AREA AMENDMENTS AND RELATED CHANGES AFFECTING THE AGRICULTURE ZONE (AB2013 -128B) 2. ORDINANCE ADOPTING AMENDMENTS TO THE SIX -YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) FOR WHATCOM COUNTY FACILITIES (2013- 252) 3. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 10.34 FERRY RATES(AB2013 -253) 4. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, EIGHTH REQUEST, IN THE AMOUNT OF $178,129 (AB2013 -254) S. ORDINANCE AMENDING ORDINANCE NO. 2013 -003 (FIRST AMENDMENT) ESTABLISHING A PROJECT FUND FOR THE NEW JAIL PROJECT 2013 -2014 (AB2013 -255) 6. ORDINANCE ESTABLISHING THE NESSET FARM RESTORATION PROJECT FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR THE NESSET HOUSE RESTORATION PROJECT (AB2013 -256) 7. ORDINANCE AUTHORIZING AN INTERFUND LOAN TO FINANCE CASH FLOW FOR THE NESSET FARM RESTORATION PROJECT FUND (AB2013 -256A) 8. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY CODE TO ALLOW PACKINGHOUSES IN THE AGRICULTURE ZONING DISTRICT (AB2012 -300B) 9. ORDINANCE AMENDING WHATCOM COUNTY CODE 12.20 ROAD VACATIONS (AB2013 -238) OTHER BUSINESS There was no other business. Whatcom County Council, 7/9/2013, Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (8:05:07 PM) Knutzen reported tomorrow he will attend the digester tour hosted by Washington State University (WSU) Extension office. He looks forward to the Council approving the option of getting rid of waste through a digester. Brenner reported that her sympathies go to Ellen Baker, whose house burned down a few days ago. Kremen reported that his sympathies also go to Ellen Baker. Also, he attended Washington State Forest Board meeting in Olympia a week ago. The Board gave its final approval of the reconveyance, by a vote of 5 -1. Crawford reported that Sunday was a bad day for drunk and unruly behavior on the south fork of the Nooksack River. A number of neighbors had negative encounters with people. There was a lot of garbage and unruly behavior. One idea is to adopt an ordinance that requires everyone to wear life jackets. Another idea is to prohibit drinking on the river. Brenner stated it's State law that prohibits drinking on a river. Crawford stated he sympathizes with the neighbors. A lot of the negative behavior occurred on private property, not on the river. It's not a good situation. ADJOURN The meeting adjourned at 8:10 p.m. The Council approved these minutes on September 10, 2013. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Council Clerk Kathy Kershner, Council Chair - Minutes Transcription Whatcom County Council, 7/9/2013, Page 10