Loading...
HomeMy WebLinkAboutCouncil February 28 20121 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 February 28, 2012 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 :02 :26 PM) Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy Kershner, Carl Weimer and Pete Kremen. Absent: None. FLAG SALUTE ANNOUNCEMENTS (7 :02 :37 PM) Kershner announced there was a special Committee of the Whole meeting this afternoon and several interlocal agreements with the cities were discussed (AB2011 -340a- g) Kershner announced there was discussion regarding potential property acquisition for the Flood Control Zone District (2012 -018) in executive session during the Committee of the Whole meeting. Crawford moved to authorize the County Executive, acting on behalf of the Whatcom County Flood Control Zone District Board of Supervisors, to move forward with and complete acquisition of two parcels in or adjacent to the Glacier Springs subdivision, as long as the purchase price does not exceed the amount discussed in executive session. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) MINUTES CONSENT (7 :05 :04 PM) Knutzen moved to approve the Minutes Consent items. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. REGULAR COUNTY COUNCIL FOR JANUARY 24, 2012 2. BOARD OF HEALTH FOR FEBRUARY 7, 2012 Whatcom County Council, 2/28/2012, 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 3. SPECIAL COMMITTEE OF THE WHOLE FOR FEBRUARY 7, 2012 4. SPECIAL COUNCIL FOR FEBRUARY 8, 2012 PUBLIC HEARINGS 1. ORDINANCE IN THE MATTER OF GRANTING A NON - EXCLUSIVE FRANCHISE TO THE GEORGIA MANOR WATER ASSOCIATION, INC., FOR A PERIOD OF 25 YEARS PURSUANT TO STATE LAW AND SECTION 9 OF THE WHATCOM COUNTY HOME RULE CHARTER, TO OPERATE AND MAINTAIN WATER LINES AND FACILITIES ALONG CERTAIN ROADS AND HIGHWAYS WITHIN THE UNINCORPORATED AREAS OF WHATCOM COUNTY (AB2011 -181) (7:05:58 PM) Kershner opened the public hearing and the following person spoke: Dave Carpenter, Wilson Engineering, stated he represents the Georgia Manor Water Association. He described the location of the 90 -lot plat, which currently serves about 28 lots. Most water system improvements were installed in the early 1960s and need to be replaced. He would prefer to install the water mains on the inside edge of the County right - of -way. It would be much less expensive. It's financially onerous to complete the improvements as -is. Therefore, they request the franchise to install in the right -of -way. Brenner asked who the contact person is for the Association. Carpenter stated the contact person is Phil Swanson. Mann asked about the number of lots being served in the plat. Carpenter stated the State Department of Health limits the water system to 28 services until these improvements are done. The water settlement agreement with the Tribe limits the number of services to 59. The goal is to complete improvements that would service a total of 59 homes. Currently, the Tribe serves about 16 of the homes. Knutzen asked if the Lummi Water and Sewer District also use these easements. Carpenter stated the sewer is located in the middle of the right -of -way. Their water mains are on the opposite side of the road. He's asking for a franchise to be inside the right -of- way, rather than an easement. They have easements, and will try to stay on the easements where possible. Hearing no one else, Kershner closed the public hearing. Kremen asked for a recommendation from the Public Works Department staff. Joe Rutan, Public Works Department, stated it is an appropriate use for the right -of- DrAVA Weimer asked whether the required insurance coverage of $1 million is enough. Rutan stated he isn't able to answer the question and would prefer to confer with Prosecuting Attorney Dan Gibson. The Council can postpone this for two weeks as there isn't an imminent need for this approval. Crawford referenced Section 23.b of the agreement, which allows the County to review the insurance policy amount annually. He moved to adopt the ordinance. Whatcom County Council, 2/28/2012, 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 Brenner moved to hold in Council for two weeks. The motion to hold in Council carried by the following vote: Ayes: Kremen, Brenner, Weimer, Knutzen, Mann and Kershner (6) Nays: Crawford (1) 2. ORDINANCE INCREASING THE SPEED LIMIT FOR A PORTION OF DRAYTON HARBOR ROAD (AB2012 -088) (7:15:57 PM) Kershner opened the public hearing and the following people spoke: Jennifer Plombon submitted and read from her testimony (on file). She is against increasing the speed limit. The road is narrow and winding. There's no road shoulder. There are a lot of wild animals along the road at dusk and dawn. She prefers to lower the existing 35 miles per hour speed limit. Tabitha Thorp stated she lives in the area and is against increasing the speed limit. She agrees with the previous speaker. It's not necessary. The County fulfilled the community's need by widening Lincoln Road. This is the road that the people of West Blaine should use. Drayton Harbor Road is meant to be a minor, secondary route. The time difference between the speed limit is a matter of seconds. A higher speed limit doesn't save time for anyone. It only endangers the residents on Drayton Harbor Road. The traffic study says that 85 percent of the drivers on the road drive faster than the speed limit. People are already driving 38 miles per hour on the road. With an increased speed limit, they will drive even faster. The study expressed a concern with changing the speed limit due to a limited sight distance. The study should have included the sight distance from the driveways. Speeding is a problem. Raising the speed limit is not a solution. Patrick Guimond stated he lives in the area and is in favor of increasing the speed limit. He commutes along Drayton Harbor Road. It's the quickest route to Blaine for hundreds of residents in Semiahmoo and Birch Point. There is a lot of frustration, tailgating, and passing over double yellow lines due to the slow speed limit. Other similar roads on either end are posted at 35 miles per hours. Drayton Harbor Road shouldn't be any different. This is the same neighborhood that held up the repair of Drayton Harbor Road for two years, claiming environmental damage if the road were repaired and disruption of bald eagles in the neighborhood. It forced the Semiahmoo residents to drive the long way around, wasting time and fuel. Once the road opened, the bald eagles were delisted from the Endangered Species Act. Homes along the road were constructed, also. The speed limit is too slow. Daphne Butcher stated she lives in the area and is against increasing the speed limit. They are talking about 1.3 miles of road. Raising the speed limit gets commuters to Blaine 50 seconds sooner. There is no shoulder on most of the road, so it's not safe to raise the speed limit. Lori Daniels stated she lives on Semiahmoo Drive. Semiahmoo Drive also has no shoulder and has a speed limit of 45 miles per hour. It has six homes that are in close proximity to driveways. The speed limits are inconsistent. It's a matter of equity. It's no different from other County roads in the area. Drayton Harbor Road was closed for two years. For a small number of houses, only two have driveways that are like the driveways on her road. Otherwise, that road should not be anything less than 35 miles per hour. At Whatcom County Council, 2/28/2012, 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 best, this is some sort of exclusive right that is no longer viable. There is no safety hazard. The delay is more than 50 seconds. Ron Butcher stated he lives in the area and disagrees that the solution is to raise the speed limit to the dangerous conditions that exist on Semiahmoo Drive. Raising the speed limit will reduce the commute by a minute, but Drayton Harbor Road wasn't intended to become an arterial to Semiahmoo. Raising the speed limit will encourage drivers to speed above the posted speed limit and above the engineer's safe stopping speeds. After the Drayton Harbor Road carried all traffic during the Lincoln Road project, commuters became used to using Drayton Harbor Road instead of Lincoln Road. There will be less safety for pedestrian and cyclist safety. Lincoln Road is straight and wide. It doesn't make sense to bring Drayton Harbor Road to the same speed. Birch Bay Drive, the shoreline road that feeds Birch Bay Village and has homes close to the road, is similar to Drayton Harbor Road and has a 25 miles per hour speed limit. Given additional time, more residents opposed to the increasing speed limit will come forward. Patrick Alesse submitted handouts (on file) and stated the road narrows and has blind driveways. If pedestrians are going to get hit by a car, it's better to happen at 25 miles per hour than 35 miles per hour so they live. The petitioners probably live on streets that have a speed limit of 25 miles per hour or less. The residents on Drayton Harbor Road must have a slower speed. Pat Helton stated she lives in the area and is against increasing the speed limit. Twice her mailbox has been hit by vehicles. The road is narrow, does not have shoulders, and does have hills and curves, which make it dangerous for runners, bicyclists, the postal truck and residents retrieving their mail. Ronna Loerch stated she is against increasing the speed limit. It's not a safe road. It's incredulous that 65 people who don't live on that road have brought this forward. Have a benchmark for priority and importance. The speed limit should be what the residents ask for. Hearing no one else, Kershner closed the public hearing. (7:35:25 PM) Brenner asked if drivers typically drive faster than the posted speed limit. Joe Rutan, Public Works Department, stated the black and white speed limit sign rarely affects actual driving speeds. Currently, people are driving 35 miles per hour. If the speed limit sign is changed or removed, he doesn't expect much difference in actual speeds. Staff did not generate this request. The request is made by a citizen petition. Crawford moved to adopt the ordinance. He referenced the stopping sight distance in the report and asked if these distances would be allowable if the road were a new road. Rutan stated they would not. He would not build a new road this way. Crawford stated he will not support the increase. He empathizes with folks who have to slow down between two sections signed at 40 miles per hour, but there isn't a factual basis to raise the speed limit at this point. The fact that people are driving nearly that speed now does not make it safe. Whatcom County Council, 2/28/2012, 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 Kremen stated he is conflicted. He asked if staff recommends that the speed limit be raised. Rutan stated staff does not recommend the higher speed limit. His staff provides the technical information, and the Council makes the decision. The technical information indicates that there are sight distance issues out there. The 85th percentile speed is the speed that people are currently driving and the accident rate. Now, people are driving slightly over 35 miles per hour. In the past five years, there have been two reported accidents. Both were single vehicle accidents. One accident involved alcohol. The driver in the other accident ran off and was never found. They are not seeing speed related accidents in the area. The report also talks about the lack of shoulders. The road is substandard. It goes back to the 1880's. He's providing the technical information needed to make a difficult political decision. Kremen stated he was under the impression that staff recommended or implied that people will drive what they feel they are able to drive. He inferred that staff supported the petition. Rutan stated that if the County removes the 25 miles per hour sign, he expects the driving speeds to remain about the same. He prefers that weren't the case. The Sheriff would concur with his expectation. An appropriate speed could be 35 miles per hour, but there are issues with that speed. There are also issues with a speed of 25 miles per hour. Kremen stated that over the years, Mr. Rutan has conveyed that speed limits lower than what people feel they are able to drive will cause more accidents. Rutan stated a speed limit that is artificially low can cause speed differentials that can cause more trouble. In this case, the current speed limit of 25 miles per hour is working. If it were 35 miles per hour, he doesn't expect to see much difference. He's not giving a strong recommendation either way. Mann stated Mr. Rutan is professionally diplomatic and objective. The citizens submitted a request. The Council authorized a road study and had a public hearing. The technical information is neutral, at best, and they've heard from the public. He will not support the ordinance. It doesn't make sense. This is driven by the public. Brenner stated she has tried to get speed limits reduced many times as the Chair of the Public Works Committee. She's learned that they can't use speed limits to artificially calm driving behavior. It just creates a more dangerous situation. A five -year study in this area showed that the accidents were due to alcohol and an unknown factor. She is generally in favor of slower speed limits. However, if the speed limit isn't 35 miles per hour, they aren't using the same rules that they say are important for safe driving. She recently drove the area. If the speed limit were changed to 35 miles per hour, there will also be signs telling people to slow down due to sight distance issues. She also walked the road, and felt safe with cars going by. She sympathizes with those who want to keep the speed limit 25 miles per hour. However, they must follow the same rules they've always followed. She is in favor of the ordinance. Knutzen called for a vote. The motion to adopt failed by the following vote: Ayes: Brenner (1) Nays: Kremen, Crawford, Weimer, Knutzen, Mann and Kershner (6) Whatcom County Council, 2/28/2012, 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 OPEN SESSION (7:50:04 PM) The following people spoke: • Eric Brown spoke about the Lake Whatcom reconveyance. • Lea Heeringa spoke about the South Fork Regional Park (AB2012 -101). • Greg Baker submitted a handout (on file) and spoke about zoning regulations applied to Bear Paw Lodge. • David Roberts, People for Lake Padden, spoke about the Yew Street urban growth area (UGA) (AB2011 -210). • Mike Sato, spoke about the Yew Street urban growth area (UGA) (AB2011- 210). • Wendy Harris spoke about a quantifiable baseline analysis of water resource inventory area (WRIA) 1. • Shane Roth spoke about the Yew Street urban growth area (UGA) (AB2011- 210) and the ordinance amending Whatcom County Code 2.02, County Council (AB2012 -091). • Betsy Gross, People for Lake Padden Director, spoke about the Yew Street urban growth area (UGA) (AB2011 -210). • (Clerk's Note: The speaker following Betsy Gross requested that his /her testimony not be included in the minutes. The speaker's testimony is available on the meeting's audio recording.) • Marion Beddill spoke about Lake Whatcom water quality and WRIA 1. • Lee First spoke about the Yew Street UGA (AB2011 -210). • Judith Aikens spoke about the Yew Street UGA (AB2011 -210). • Reisa Latorra spoke about the Yew Street UGA (AB2011 -210). • Keturah Witter, ReSources, spoke about the Yew Street UGA (AB2011 -210). • Dan McShane spoke about the Yew Street UGA (AB2011 -210) and moratorium on subdivisions in the Lake Whatcom Watershed. • Darrell Sofield spoke about the reconveyance. • Harry Williams spoke about the South Fork Regional Park (AB2012 -101). • Natalie Everett spoke about the South Fork Regional Park (AB2012 -101). • Gail Galbraith- Everett spoke about the South Fork Regional Park (AB2012- 101). • Mike McGlenn, Backcountry Horsemen, spoke about the South Fork Regional Park (AB2012 -101). • Jack Weiss, Bellingham City Council Member, spoke about the Yew Street urban growth area (UGA) (AB2011 -210). • Nicole Brown spoke about the South Fork Regional Park (AB2012 -101). • Linda Twitchell, Building Industry Association, spoke about the Yew Street urban growth area (UGA) (AB2011 -210). • Rand Jack, Whatcom Land Trust, spoke about the South Fork Regional Park (AB2012 -101). • Lawson Curtis submitted and read from his testimony (on file) and spoke about maintaining and protecting the Nesset Farm and salmon habitat. • Russ Pfeiffer -Hoyt spoke about the South Fork Regional Park (AB2012 -101). • Gina Jacoby spoke about the South Fork Regional Park (AB2012 -101). • Bill McKenna spoke about the South Fork Regional Park (AB2012 -101). • Greg Brown spoke about the Yew Street UGA (AB2011 -210) and the South Fork Regional Park (AB2012 -101). • Harry Patz spoke about the South Fork Regional Park (AB2012 -101). • Wes Kench spoke about the South Fork Regional Park (AB2012 -101) and about protecting farmland. • Chris Hatch spoke about the South Fork Regional Park (AB2012 -101). Whatcom County Council, 2/28/2012, 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 • Cal Leenstra, applicant, spoke about the Yew Street UGA (AB2011 -210). (9:09:47 PM) (Clerk's Note: Due to a meeting disruption by audience members, the Council took a break from 9:09 p.m. to 9 :16 p.m.) Kershner stated the Council will discuss ways for preventing such outbursts in the future at a meeting in two weeks. They are trying to do County business on behalf of county residents. The Council must be able to conduct a meeting without having that sort of thing happen. Crawford stated he suggests that the Council have that discussion at a Committee of the Whole meeting in two weeks, and invite the Sheriff and Prosecuting Attorney to talk about the Council's options for preventing this from happening in the future. CONSENT AGENDA (9 :19 :42 PM) Mann reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through three. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND TRANSPRO GROUP, INC. FOR THE GOOSEBERRY POINT FERRY TERMINAL QUEUING ALTERNATIVES ANALYSIS, IN THE AMOUNT OF $22,460 (AB2012 -098) 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND NW COMMUNICATIONS & CELLULAR, INC. TO COVER ADDITIONAL RADIO REPAIR AND REPLACEMENTS COSTS DUE TO THE REQUIRED FCC CHANGEOVER TO NARROWBAND COMMUNICATIONS, IN THE AMOUNT OF $32,500 FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF $70,000 (AB2012 -099) 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A BRIDGE INSPECTION AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION TO PROVIDE UNDER BRIDGE INSPECTION TRUCK WITH DRIVER AND OPERATOR FOR ROUTINE INSPECTIONS OF BRIDGE NOS. 140 AND 512 OVER A PERIOD OF TEN YEARS, IN AN ESTIMATED AMOUNT OF $150,000 (AB2012 -100) OTHER ITEMS 1. RESOLUTION APPROVING THE SOUTH FORK REGIONAL PARK CONCEPTUAL PLAN (AB2012 -101) (9 :20 :40 PM) Whatcom County Council, 2/28/2012, 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 Weimer reported From Natural Resources Committee and moved to approve the resolution. Brenner stated she has concerns about deputies and adequate enforcement. The people in the area are already having problems with trespassers who use the river for inner - tubing. Without adequate park enforcement, they will entice more of the same dangerous behavior. It's also dangerous for fish spawning. She's not sure inner - tubing bans are working. They must be sure there is adequate enforcement. She spoke with Sheriff Elfo, who couldn't be here tonight. He would like to talk to the Council about his concerns for a park. Many residents have compromised and agreed to help work on a design. She's disappointed that many of these people didn't know about this until a few days ago. She would like to hold this item for two weeks. Knutzen moved to hold in Council. People in the area haven't been heard. They will be most impacted. One property owner is completely surrounded by the park. At the last Council meeting, the Council denied a mineral resource land (MRL) for a business that went through the entire process and followed all the rules. The Council doesn't show the same consideration for these people. It's hypocritical. He would like to have another meeting with residents in the area. Crawford stated this is no longer about whether or not there is going to be a park. There will be a park. This has been in the works for decades. He's been very straightforward with folks about that. He asked about timing and how long they can delay. Jack Louws, County Executive, stated he encourages the Parks Department Director to try to resolve issues so they can incorporate any decisions into the next biennium budget. It won't make any difference to delay for 60 to 90 days. He would like to have a decision one way or another. The community and staff deserve a decision on a process that has been going on for decades. It would be nice to have direction from Council about what specific information it would like from the administration and Parks Department, so they can put together the information the councilmembers need to make a decision. Sheriff Elfo, as an elected official, can weigh in on his own behalf. He asked what the administration should specifically do, in the Council's opinion. Holding this for two weeks doesn't achieve any goal. Knutzen stated he would like to schedule a meeting in the area, similar to the meeting the Council had earlier. Put a sincere effort forward to develop a concept that would work. Most of the concerns of the residents were not addressed. Louws asked if the Council wants the administration to work off the plan it put forward, and find out how the community wants to modify that plan or if the Council wants the administration to open the discussion to those people who don't want the park. Knutzen stated most people are willing to have the park. They want to provide some input on the park's size, scope, and use. The residents paid a consulting firm to help develop a plan and provide ideas. None of that was considered. Louws stated he's hearing that they should set up a meeting with the community, look at the existing plan, and work on alternatives to that plan. Find out what challenges the residents have with the specific plan, and come back with their recommendations. He asked if councilmembers plan to attend this meeting. Knutzen stated he would attend. Whatcom County Council, 2/28/2012, 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 Crawford stated he doesn't see a need to hold another Council town hall meeting in the area. They have worked on things that were brought up. Some issues such as law enforcement commitment are unclear. He's heard that people weren't prepared and did not feel that they were able to provide input on the alternatives that were chosen. The alternatives where offered well before the that town hall meeting a year ago. A few more weeks would give folks with concerns to provide very specific concerns and suggestions regarding the current proposal. There is merit to allowing people to provide final comments. The Council isn't hearing a lot of new information from residents, but give the folks they want to follow up on these final alternatives. They know they are moving the horsemen's area to the east. They can get input from the Sheriff. Come back in two or four weeks to consider those things, and move forward with a plan. Mann stated he is reluctant to delay this any more. The Council is not hearing a lot of new information. He's talked to everyone who spoke tonight. They are all aware of the issues. This is a conceptual plan. They are not deciding on funding or a final design. The concept is determined. There are two large parcels with an easement to connect them. That isn't very controversial. He is ready to vote now. He will vote against any further delay. Brenner stated it's not a delay. It's a postponement. The Sheriff couldn't attend tonight, but can speak to the Council in two weeks. They must be careful with the public money. Understanding the real costs is important. She would like a meeting in the area. At least postpone for two weeks to talk to the Sheriff. Kershner stated she supports the motion to postpone the decision. She supports a park. It sounds like folks are close to being able to support a park plan. Give them a chance to be heard and have any final issues heard or worked through. Don't have another town hall meeting. Have a meeting to allow the folks from the South Fork Valley to meet with the administration to discuss the remaining issues. She wants a plan to come forward that has support of both the South Fork Valley residents and the Parks Department. Kremen stated he's willing to postpone this issue for a couple of weeks. However, it should be known that in the past year and a half, the County Council and Executive have had two or three meetings with the opponents of this park and the people who have expressed their displeasure with the proposal at the Rome Grange. They've also had at least two meetings at the Acme Elementary School that was organized by the same group of individuals. During that same time, the Council has never had a meeting with any of the proponents of this proposal. They have provided an opportunity and audience for the concerned residents. He's not saying the concerns are without validity. However, don't say that the opponents have not been heard or had an opportunity to have an audience with the Council and participate in the process. That is so far from the truth that it bothers him. He doesn't see a problem with a two -week or four -week time period to try and get closer to arriving at a consensus. This Council has gone out of its way to provide an opportunity for those individuals with concerns about the proposal. They've had ample and adequate opportunities on multiple occasions to express their concerns. Brenner stated everyone has been genuine. No one has been less than truthful. Everyone has their own perspective. She was at a lot of those meetings. Most of those meetings were open to everyone, not just the opponents. Everyone who attended from both sides spoke quite a bit. Some of the meetings at the Rome Grange were hosted by residents, not the County. Keep the dialog going, because they're getting closer to an agreement. Whatcom County Council, 2/28/2012, 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 46 47 48 49 50 51 52 Knutzen stated there has been a lot of dialog with the people out there for the past two years. Before that, all the meetings were done in Bellingham with the Backcountry Horsemen, Land Trust, and County Parks Department. There have been many errors in this process, including the Nesset property not having access and not including the timber rights, for which the County had to pay $1.2 million. Now they're told it will cost $1.2 million to $1.6 million. The residents need to know what's going on. He restated his motion to postpone for four weeks. Louws stated he and the Parks Director are willing to facilitate a meeting with those who want to make comments about the plan, enter a discussion, and list those concerns. The administration will facilitate that meeting and give everyone one more opportunity to comment on the plan. He will bring those comments back to the Council for decision. It's time to bring this to a vote. Weimer stated he is against the motion to delay the vote for the same reasons Councilmember Mann stated. These people have had adequate time to comment. They've been to the Natural Resources Committee four or five times in the last couple of years. There have been lots of public meetings. The Council isn't hearing anything new. He is interested in hearing from the Sheriff, so a delay won't break his heart. However, Sheriff Elfo is good at communicating with the Council when he feels strongly about something, and he didn't make an effort to contact them today. Brenner stated she would like to be invited to the administration's meeting. The motion to hold in Council until March 27, 2012 carried by the following vote: Ayes: Kremen, Crawford, Brenner, Knutzen and Kershner (5) Nays: Mann and Weimer (2) 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND ANCHOR QEA, LLC TO PROVIDE CONSULTING SERVICES TO COMPLETE PHASE 2 OF A RIPARIAN CONDITION AND FUNCTION ASSESSMENT OF COASTAL DRAINAGE STREAMS AND MARINE SHORELINES, IN THE AMOUNT OF $30,000 (AB2012 -096) (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Mann reported for the Finance and Administrative Services Committee and stated this item is held in committee for two weeks pending the receipt of more information from the Public Works Department. 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND NORTHWEST INDIAN COLLEGE FOR FECAL COLIFORM WATER QUALITY MONITORING IN THE DRAYTON HARBOR AND PORTAGE BAY SHELLFISH PROTECTION DISTRICTS, IN THE AMOUNT OF $16,111.65 (AB2012 -097) (9 :45 :39 PM) (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Whatcom County Council, 2/28/2012, Page 10 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 reported for the Finance and Administrative Services Committee and moved to approve the request. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 4. ORDINANCE AMENDING THE 2012 WHATCOM COUNTY BUDGET, FIFTH REQUEST (AB2012 -090) (9 :46:35 PM) Mann reported for the Finance and Administrative Services 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) S. ORDINANCE AMENDING THE COMPREHENSIVE PLAN, URBAN GROWTH DESIGNATION AND COMPREHENSIVE PLAN AND ZONING MAP DESIGNATIONS FOR PROPERTY IN THE YEW STREET RESERVE UGA (AB2011 -210) (FROM DECEMBER 6, 2011) (9 :47 :19 PM) Weimer moved to adopt the ordinance. Knutzen stated that in deference to Bellingham City Council Member Weiss's request, he will vote against the ordinance. However, it should be docketed or dealt with. The City of Bellingham promised the County that it would update its Comprehensive Plan in 2012, but it won't be until 2014 or 2016. The County was told that it wasn't concerned about Yew Street and the City wanted it. He's hearing conflicting messages from the City. He hopes this can be addressed by the new leadership at the City. There are amenities built to City standards. Mann stated the County also has issues with its Comprehensive Plan. Infill must happen in the city. As long as people in the city don't want infill, they will struggle to find places to put people. The Yew Street Road episode is emblematic of the countywide planning challenges. They must do better. He's not that concerned about Lake Padden. Most problems they're seeing are not from development. He's not willing to tell Bellingham it has to take the urban growth area (UGA). He is against the ordinance. Brenner stated the County can't make the City take that property. She is against the ordinance. If any development occurs in the UGA, the County will be responsible for creating a lot of capital facilities, which are extremely expensive. The County may never get reimbursed for the costs. The County can't do it without the City of Bellingham. Crawford stated he agrees with Councilmember Brenner. It's unfair to designate an area as a UGA for 16 years, and then remove the designation. Millions of dollars were spent in this area by the schools, the State, and the County. The estimated $31 million cost to provide services to that area is inflated. Over time, a case has been made that Lake Padden is somehow threatened and shouldn't be included in the UGA. The residents of the watershed are putting phosphorus into the lake, but they don't want a report that says the lake is doing fine. They are building a case that Lake Padden has problems caused by development. There is a fairness issues. It's unfair to all those people who invested in the area, including the Bellingham School District and City Hall. All those investments were Whatcom County Council, 2/28/2012, Page 11 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 made with connectivity and capacity designed into them. The Council isn't going to pass this because the City is unwilling and uncooperative. He challenges the City to work with County planners to correct this unfair, wrong situation that has gone on for 15 years. In the next few weeks, he would like to pass a resolution to have a process to get this back on the docket for staff review to continue to address the City's issue, including a fair review of the capital facilities plan. Then they can talk about how much that development can address. Don't make assumptions that this isn't going to work. Kershner stated she agrees with Councilmember Crawford. Kremen stated he is against the ordinance. It's not ready. Many mistakes were made along the way by more than one entity. This problem was created by good intentions but a lack of process. The County was never consulted about the school district putting this school where it is. The County found out about it from the local newspaper after the district made the purchase. There has been a lack of collaboration, cooperation, and communication. This should not be viewed as the County versus the City. Bellingham is a part of Whatcom County. They should work together. What's good for Bellingham is good for Whatcom County. Have a greater community perspective. Don't adopt the ordinance tonight, and develop an outcome that is in the best interest of the greater community. The motion failed by the following vote: Ayes: None (0) Nays: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) 6. APPOINTMENT TO FILL VACANCY ON THE SOLID WASTE ADVISORY COMMITTEE, APPLICANT: CALVIN DEN HARTOG (AB2012 -092) (10:03 :26 PM) Knutzen moved to nominate and appoint Calvin Den Hartog. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 7. ORDINANCE ESTABLISHING WHATCOM COUNTY CODE SECTION 2.22, CREATING THE WHATCOM COUNTY COMMISSION ON SALARIES FOR ELECTED OFFICIALS (AB2011 -224C) (10 :04 :08 PM) Knutzen 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) 8. ORDINANCE REPEALING ORDINANCE 2001 -048 AND CANCELING THE PETTY CASH REVOLVING FUND FOR THE COUNTY COUNCIL OFFICE (AB2012 -069) (10 :04 :42 PM) staff. Knutzen moved to adopt the ordinance. He asked how inconvenient this will be for Dana Brown - Davis, Clerk of the Council, stated it won't be a problem. Whatcom County Council, 2/28/2012, Page 12 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 The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 9. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 2.02, COUNTY COUNCIL (AB2012 -091) (10:05:59 PM) Knutzen moved to adopt the ordinance. He moved to amend the ordinance so that item six, the consent agenda, be scheduled after item eight, the open session, except in instances when the Council deems it will have to pay County staff for that time spent waiting to address the Council. Brenner stated she supports the motion to amend. Many people attend the Council meetings for public hearings, just like they attend for open session. Many travel great distances and can't stay late. These are the same arguments for keeping open session first. The difference between open session and a public hearing is that everyone talks about one thing during a public hearing. These are all open to the public. Not all public hearings are about developers, as one email implied. When they are about developers, many people with different opinions attend the public hearings. The Council isn't favoring anyone by having public hearings first. The County budget is fragile. It's not getting better. The County has to pay overtime for some staff to attend meetings in the evening. The public hearings are generally staff intensive, more so than the consent agenda. Hearings are usually not discussed in committee that same day, so they're more staff intensive. Not long ago, previous councils discussed the possibility of eliminating meeting audio recordings to save money. Recording meetings is important. It provides people with information about what's going on, without them having to increase their carbon footprint. Save money without changing the agenda much. She doesn't support having open session at the end of the meeting. Changing those two things around can save the County some money and still allow members of the public to address the Council. One isn't more important than the other, but one costs the County more. Mann stated all the email he received was from people who seemed to think the Council wanted to move open session to the end of the meeting. Brenner stated that's what happened last time. Crawford stated they were told that. Mann stated he let those people know the after the consent agenda, not to the end of the proposal isn't so bad. No one spoke about it in o approval before the public hearings and open sess He does not support the motion to amend. Con earlier to allow staff, who are paid time and a hal f have the open session. Have a predictable process consent agenda items. proposal was to move open session to meeting. Most people replied that the pen session tonight. They have minutes ion. They could move that to the end. Cons agenda items should be scheduled , go home and get off the payroll, then More often than not, staff are here for Weimer stated he supports the amendment to move open session to after hearings but before consent agenda. It makes sense. People may have concerns with items on the consent agenda, but they won't have a chance to speak to them if open session is after the Council takes the vote. He's very disappointed in the people who disrupted the meeting tonight. They talk often about cooperation, collaboration, and communication. Tonight, Whatcom County Council, 2/28/2012, Page 13 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 they disrupted the meeting, they didn't talk to the Council, and they didn't stay to find out the real reasons for the amendment, which has more to do with managing staff time. Kremen stated he supports the amendment. The Council should provide for some latitude and flexibility. On occasion they will have five or six public hearings, and one of those hearings may take two hours or more. In these rare instances, the Council should have some flexibility to consider having the open session for at least 20 or 30 minutes to give the public an opportunity to speak. Brenner stated they've had the same situation with open session going on for hours. For her, it's about the cost. It's going to be upsetting to people if they keep changing it. There won't be predictability. She's willing to think about it. Kremen stated the Council often alters the agenda to benefit the people from Lummi Island, for example. The Council should be flexible about the open session as well. The Council can gauge how many people want to speak during open session and make some kind of modification or adjustment as needed to suit the situation. Knutzen restated his motion to amend to schedule the consent agenda after the open session in the following order: 6. Public hearings and final consideration 7. Open session 8. Consent agenda The motion to amend carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen and Kershner (6) Nays: Mann (1) Kershner moved to amend first sentence, "Business n9ay ine!Hde but net be lingited Business generally follows the following order." That will address Councilmember Kremen's concern and allow flexibility. Brenner stated the language already allows flexibility by using stating 'may" and "not be limited to." Kershner withdrew the motion. Crawford moved to add language after item twelve on the list of business items, "The chair of the council may adjust the order of business at meetings in consideration of public attendance on particular matters." Knutzen asked what happens if staff is here waiting to be available for the consent agenda. They could use the argument that there are many audience members for public hearings, so the Council could move the consent agenda forward in the agenda so they can let staff go. Kershner asked if the Council needs a two - thirds vote of approval to change the meeting order, or if the chair will have the latitude to change the meeting order. Crawford suggested language after item twelve on the list of business items, "The chair of the council may adjust the order of business at meetings in consideration of public or staff attendance on particular matters." Whatcom County Council, 2/28/2012, Page 14 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 Kremen stated he prefers the original wording from councilmember Crawford. It gives the Council chair the ability to modify the agenda based on staff needs or time consideration. Crawford restated his motion to amend to add language after item twelve on the list of business items, "The chair of the council may adjust the order of business at meetings in consideration of public attendance on particular matters." Brenner suggested a friendly amendment to the motion to amend, "The chair of the council may recommend adjustments to the order of business..." The Council should vote on any agenda changes. Kershner stated she agrees with Councilmember Brenner's suggestion. Crawford amended his motion and moved to amend to add language after item twelve on the list of business items, "The council may adjust the order of business at meetings in consideration of public attendance on particular matters." Mann stated he likes this version of the amendment. Predictability is important. Folks plan to come and testify. There is a general time when things work out. He hopes changes to the agenda are rare, but it's reasonable to have that flexibility. He will support the motion to amend. The motion to amend carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Crawford stated he will not support the amended ordinance. He likes the old way of doing things, although he respects the councilmembers' intent. The motion to approve as amended carried by the following vote: Ayes: Kremen, Brenner, Weimer, Knutzen, Mann and Kershner (6) Nays: Crawford (1) 10. RESOLUTION SUPPORTING THE MAINTENANCE OF FUNDING FOR SHERIFF'S PROGRAMS (AB2012 -105) (10:25:47 PM) Knutzen read the resolution into the record and moved to approve the resolution. Brenner moved to amend first whereas statement, "...qualification programs for Sheriff deputies, jail corrections deputies, juvenile detention officers, and deputy prosecuting attorneys is being considered for elimination and /or major cuts by the state legislature; and. Knutzen accepted the motion as a friendly amendment. Brenner moved to amend to add a whereas statement, "Whereas the State requirements will not be eliminated, but the costs will be transferred to the County." This amendment will let everyone know that the training will still be mandated, but the State is eliminating its funding for that training. It becomes an unfunded mandate. Knutzen accepted the motion as a friendly amendment, to insert the statement after the sixth whereas statement. Whatcom County Council, 2/28/2012, Page 15 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 Brenner moved to amend the title, "Resolution Supporting the Maintenance of State Funding for Sheriff's Essential Criminal Justice Programs." Knutzen accepted the motion as a friendly amendment. Mann stated he is against the resolution. Don't dabble in State and federal politics without being really informed. He just got the letter yesterday or today, and is not ready to go on record without knowing the other side of the story. He hasn't had enough time to look into it. Kremen asked to whom the resolution is addressed. Brenner moved to add another statement, "BE IT FINALLY RESOLVED that this resolution is addressed to the State legislators." Knutzen accepted the motion as a friendly amendment. Kremen stated things in Olympia are moving quickly. Much is going on in the State legislature. If he were the Sheriff or any department head, he would be extremely concerned right now. He was in Olympia two weeks ago. The House Ways and Means Committee was considering cutting about $1.2 million in criminal justice funding and $3.1 million for the rural sales tax for Whatcom County alone. That would have been a total funding hit to Whatcom County of $4.3 million annually. Fortunately, the State Senate has greater wisdom and reasonableness. Today, he was informed that almost all of that money is in the Senate proposal. He will go to Olympia later this week to help convince the House Speaker and House to yield to the Senate on all these draconian cuts. He is more comfortable supporting this because it is addressed to the State legislature. They could add language about public health, planning, and other issues. The House Ways and Means Committee's proposal is to cut that money from just Whatcom County, yet give the County the opportunity to raise local taxes to make up that money. The local taxpayers would have to pay the bill for all of the State's budget cuts. There is a reason for optimism. The legislative committee's will probably not be enacted. The actual financial hit to Whatcom County, from the Senate Ways and Means budget, will be only approximately $250,000 annually to Whatcom County. He will support the resolution. Knutzen stated the Council received an email from the Health Department saying the County should send a letter to the State legislators thanking them for not cutting the Health Department money and even returning money. Kremen stated that doesn't include the federal cuts. Brenner stated the resolution just asks for the continuation of the funding. She's not asking for anything different or new. Mann stated they know the State doesn't have money. It is making cuts everywhere. He doesn't know enough about the State budget to tell them where to make their cuts. He doesn't want the State to come here and tell the County what to do with the County's budget. He understands that every county has to lobby to protect its resources. However, they will all see budget cuts. He doesn't want to get involved at this level of detail. He doesn't know anything about the budget in Olympia. Crawford stated the State appreciates hearing the County's priorities. Whatcom County Council, 2/28/2012, Page 16 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 the State knows the County doesn't want budget cuts. Crawford stated it would be difficult for the County Council to suggest other cuts. He supports the resolution. The State and federal governments seem to threaten essential services, such as law enforcement. Every program has advocates. He questions why they go after public safety. There are other areas that the majority of people wouldn't view as being this essential. Brenner stated the State tells the County what to do all the time by passing laws that the County has to obey. They pass a mandate that the County is stuck with. This resolution asks so little. The State closed Western State Hospital. That was a public health issue. The State has made severe cuts in the area of public health. This is a small request. Darrell Sofield stated the amendment only addresses budget cuts associated with law enforcement. More departments, such as health and public education, are facing cuts. If they are going to act, make it broader. Make a resolution that addresses the whole county rather than playing favorites with public safety issues. Crawford stated they must be careful to operate in context. They are members of the Washington State Association of Counties (WSAC), which has a huge lobbying effort. This issue is covered. The prosecuting attorneys have a very powerful lobby in Olympia. The Sheriff is a member of the State Sheriff's Association, which is all over this and other issues. The context if this item is that the Council is responding to a request from the Sheriff to advocate for an issue that directly impacts him and ultimately impacts everyone in Whatcom County. The legislators will know that this isn't done in isolation. The County spends a lot just to be a member of WSAC. It's taxpayer money going to Olympia to advocate for all those issues. Brenner stated this was done in a rush because things are moving fast in Olympia. She's very concerned about cuts to public health and education. Education is not the County's jurisdiction, but public health is. If someone provided her a draft resolution regarding public health, she would have done that, too. The Council got this information from the Executive. Jack Louws, County Executive, referenced a letter he sent on Monday of this week regarding State funding for multiple areas. He asked the State to be cognizant of the County's concern that these are mandates for which the County needs funding. The situation is very fluid in Olympia. He appreciates the work that Councilmember Kremen is doing. The Senate proposal identifies just about everything that was in his letter. The Council could add language that there are other issues about which the legislative delegation should review. The county has six representatives at the State level. Of those six, he's heard from three that they've received his letter. Kremen stated he suggests that the County Council write a letter that vehemently requests that the Senate Ways and Means budget be adopted. That budget only cuts $250,000 for one year. That money would come from the liquor tax. There are no other cuts involved. They want the Senate budget. Tell the legislators that is what they should approve. It solves more concerns than this resolution does. Knutzen stated he wants to make the State aware that the Sheriff's Office programs are a priority. Whatcom County Council, 2/28/2012, Page 17 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 Kremen stated he supports the resolution with the proviso that every councilmember call all six legislators tomorrow to ask them to adopt the proposed Senate budget. He asks all councilmembers to make those phone calls tomorrow. Crawford stated there is a reason why Councilmember Kremen is an advocate and understands how the politics work. He appreciates and respects what Councilmember Kremen is saying. However, he doesn't advocate as a councilmember for something that he doesn't know a lot about. Advocating for approval of something that is before the Ways and Means Committee gets away from the Council's key role. If the State takes away the funding, it should take away the rule. That's the message he'd like to send. The motion to approve as amended carried by the following vote: Ayes: Kremen, Crawford, Brenner, Knutzen and Kershner (5) Nays: Mann (1) Abstains: Weimer (1) INTRODUCTION ITEMS (10 :56 :11 PM) Crawford moved to accept the Introduction Items. 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 20.24.161 TO REDUCE THE MAXIMUM ALLOWABLE FLOOR AREA OF CERTAIN CONDITIONALLY PERMITTED NON - RESIDENTIAL USES IN THE URBAN RESIDENTIAL MIXED USE ZONE (AB2012 -102) 2. ORDINANCE REPEALING ORDINANCE #2010 -067, ONE -TIME ECONOMIC HARDSHIP EXTENSION (AB2012 -103) 3. ORDINANCE REDUCING THE PARKS & RECREATION DEPARTMENT'S PETTY CASH REVOLVING FUND (AB2012 -104) OTHER BUSINESS (10 :56 :25 PM) Brenner referenced the audience interruption that happened earlier this evening. It was very depressing. She's afraid that people may no longer feel safe to speak to the Council. That's not about democracy. People who are angry with the Council have been here, but she's never seen anything like that. She's very discouraged by the display. Crawford stated he feels the same way. He's glad the Committee of the Whole will discuss preventing it in the future with the Sheriff and Prosecutor. The Council must conduct business in an orderly way. That sort of disruption cannot occur. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (10 :58 :16 PM) Kershner stated they all received an invitation to the retirement of Chuck Benjamin, North Sound Mental Health Association Executive Director. Whatcom County Council, 2/28/2012, Page 18 1 2 3 4 5 6 7 8 9 10 11 12 1 1 1 1 i 1 2 ADJOURN The meeting adjourned at 10:59 p.m. The Council approved these minutes on March 27, 2012. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Please contact the Council Office to obtain an official, signed copy: 360- 676 -6690 or council &o.w hatcom .wa.us Whatcom County Council, 2/28/2012, Page 19