HomeMy WebLinkAboutCouncil June 8 20101
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WHATCOM COUNTY COUNCIL
Regular County Council
June 8, 2010
CALL TO ORDER ( 7:00 :48 PM)
Council Chair Sam Crawford called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken
Mann, L. Ward Nelson and Carl Weimer
Absent: None
FLAG SALUTE
ANNOUNCEMENTS (7 :00 :53 PM)
Crawford stated there was a discussion with Assistant Chief Deputy Prosecutor
Daniel Gibson regarding potential EMS settlement (AB2010 -018) and a discussion
with Senior Deputy Prosecutor Karen Frakes regarding the UGA settlement process
(AB2010 -018) in executive session during the Committee of the Whole meeting.
Crawford stated there was a Rural Element update - discussion of Growth
Management Act requirements and the Planning Commission recommendations
(AB2010 -072) during a special Committee of the Whole meeting.
SPECIAL PRESENTATIONS
1. COUNTY EXECUTIVE PETE KREMEN TO PRESENT THE "STATE OF THE
COUNTY" (AB2010 -017) (7 :01 :52 PM)
Pete Kremen, County Executive, recognized County staff who have served active and
reserve military duty this past year. He submitted and read from the State of the Union
address (on file).
MINUTES CONSENT (7 :23 :23 PM)
Brenner moved to approve the minutes.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. SURFACE WATER WORK SESSION FOR MAY 18, 2010
Whatcom County Council, 6/8/2010, Page 1
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OPEN SESSION (7:23:45 PM)
The following people spoke:
• Kay Sardo, 510 South State Street, Bellingham, spoke on the issue of jail
siting and preventative programs.
• (Clerk's Note: The speaker following Kay Sardo requested that his /her
testimony not be included in the minutes.)
• Paul Isaacson, citizen, commended Planning Staff Sam Ryan and Tyler
Schroeder for their professionalism and spoke on a land purchase proposal to
the County.
• Jim Dickinson, 2094 West Shore Drive, Lummi Island, spoke on the issue of
the Whatcom Chief.
• Jim Rothenbuhler, 2475 Pheasant Way, Ferndale, spoke on the issue of selling
property next to Fire District Hall #6 on Bennett Drive.
CONSENT AGENDA (7 :40 :30 PM)
Mann reported for Finance and Administrative Services Committee and moved to
approve Consent Agenda items one through seven.
Brenner withdrew item seven.
The motion to approve Consent Agenda items one through six carried by the
following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. RESOLUTION AMENDING CRP NO. 908013 AND APPROVAL FOR THE COUNTY
EXECUTIVE TO AWARD THE CONSTRUCTION CONTRACT FOR "BAKER LAKE
ROAD SULPHUR CREEK BRIDGE #422 REPLACEMENT" TO LOW BIDDER
INTERWEST CONSTRUCTION, INC. IN THE AMOUNT OF $1,168,168 (AB2010-
227)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WSU COOPERATIVE
EXTENSION FOR A SUSTAINABLE LANDSCAPING TRAINING PROGRAM FOR
LAKE WHATCOM RESIDENTS IN THE AMOUNT OF $15,690 (AB2010 -228)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND COASTAL SAFETY SERVICES
FOR SAFETY AND TRAINING IN THE AMOUNT OF $25,000 (AB2010 -229)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT
AGREEMENT BETWEEN WHATCOM COUNTY (NOXIOUS WEED CONTROL
BOARD) AND WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR THE
TREATMENT AND MONITORING OF FLOWERING RUSH IN SILVER LAKE IN
THE AMOUNT OF $55,000 (AB2010 -230)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT
AGREEMENT BETWEEN WHATCOM COUNTY (NOXIOUS WEED CONTROL
Whatcom County Council, 6/8/2010, Page 2
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BOARD) AND THE SALMON RECOVERY FUNDING BOARD FOR INVENTORY,
TREATMENT AND MONITORING OF SATELLITE KNOTWEED POPULATIONS
ALONG THE UPPER REACHES OF THE SOUTH, NORTH AND MIDDLE FORKS OF
THE NOOKSACK RIVER IN THE AMOUNT OF $89,000 (AB2010 -231)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE
MILITARY DEPARTMENT, EMERGENCY MANAGEMENT DIVISION TO ENHANCE
LAW ENFORCEMENT PREPAREDNESS AND OPERATIONAL READINESS ALONG
THE LAND BORDERS OF THE UNITED STATES THROUGH THE US
DEPARTMENT OF HOMELAND SECURITY FFY2009 OPERATION
STONEGARDEN PROGRAM IN THE AMOUNT OF $829,580 (AB2010 -232)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BRAUN CONSULTING GROUP
FOR PROFESSIONAL LABOR NEGOTIATION SERVICES IN THE AMOUNT OF
$52,320 (AB2010 -233)
Mann reported for Finance and Administrative Services Committee and moved to
approve the request.
Brenner stated she is opposed to this contract. County Human Resource staff should
handle labor negotiation services. After hearing the State of the Union, she knows that
County employees would be willing to do as much belt- tightening as everyone else to make
sure the County can operate. County staff can do just as good a job as this contractor.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Weimer, Mann and Kershner (5)
Nays: Brenner and Knutzen (2)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY BUDGET, ELEVENTH
REQUEST, IN THE AMOUNT OF $445,062 (AB2010 -223) (7:43:34 PM)
Mann reported for Finance and Administrative Services Committee and moved to
adopt the ordinance. He is opposed to the funding for paramedic training. Medic One
agreements may change and are in flux. It doesn't seem prudent to keep spending money
when they don't know what the final product will be.
Brenner stated she is not supporting any money for training any more paramedics
until the ones already trained are certified. All parties agreed to the operation of the fifth
medic unit, but it has been disrupted and prevented during every step. The trainees have
been through all their training classes, but can't get certified locally by the same person who
represents the medics in Bellingham. They are supposed to be a unified system. She will
support the medic from Point Roberts, which is a separate issue and an emergency.
Knutzen stated he agrees with Councilmember Brenner. Bifurcate the two requests.
Mann withdrew the motion to adopt.
Kershner moved to adopt the substitute ordinance.
Whatcom County Council, 6/8/2010, Page 3
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Dana Brown - Davis, Clerk of the Council, stated it's best procedurally to have a
discussion and then vote only on one of the three options.
Kershner withdrew her motion.
Nelson moved to adopt the original ordinance and moved to amend the ordinance
to remove the $395,062 for the City of Bellingham.
Kershner stated she is against the motion to amend. It's in the best interest of the
County and public to pay this cost and avoid a lawsuit with associated costs. Take up these
issues separately. She is just as disappointed in the situation with paramedic training as
Councilmember Brenner. However, it's not in the interest of the taxpayers to bring on a
lawsuit from the City of Bellingham by not paying these training costs.
Brenner stated they are supposed to represent the public. She doesn't know why
they are voting on this if it's a done deal. If the County Council approves this funding, she's
concerned the City will continue to stall on certifying the trained paramedics.
Crawford stated two of the paramedic trainees are certified, and the issue is over two
other paramedic trainees. He doesn't know where everything stands.
Brenner stated they all should have been certified by now. They had to train in
Seattle and do their field work in Wenatchee. No judge will rule on the side of that kind of
treatment.
Crawford stated he is against the motion to amend. They must move forward on the
emergency medical services (EMS) issue. Withholding this money won't leverage the City's
actions or the Union's actions. The money was already budgeted in the 2010 budget. The
Executive and Mayor agreed to spend it. The City of Bellingham has moved forward with
their training on the assumption that the budget allocation process would go through.
However, he agrees with the sentiments expressed. It's past time for a fundamental shift in
the administration of the Whatcom Medic One system. The County needs to propose a
different administrator for the system, rather than Whatcom County. He shares the
disappointment expressed about the outcome of the City's administration. The
administration of the Medic One system must change. One idea is to compartmentalize
various service delivery elements of the system, such as each medic unit. Operate and
administer in a way to allow the City certain significant responsibilities for certain units.
Regarding transport, training, and county units, the County can take on an administrative
role.
Brenner stated she wants to keep the system unified, not split up. If they can't work
cooperatively, she may agree to that. This is an issue of doing things in order. This
training money was set aside, but not for this year. The medical director who certifies the
paramedics works part time for the City of Bellingham. There is a conflict of interest. Stand
firm.
Nelson stated he's concerned about the conflict between the community's desire for
a unified system and the rural community's desire to have a more localized system. He
asked the County's future direction.
Dewey Desler, Deputy Administrator, stated they should stay the course. This
County government provided leadership for the entire county, including the cities and fire
Whatcom County Council, 6/8/2010, Page 4
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districts, in unanimously adopting a plan, which was to sustain four medic units in the City
of Bellingham and add additional capacity over the future years, beginning with a fifth unit
in Fire District 7. Even with the frustrating circumstances, they have stayed this course. All
governments in the community approved the plan. If governments don't want to implement
the plan, they must come together again and talk about what comes next. This plan is to
sustain, not enlarge, the four medic units in Bellingham. They won't need to train any more
Bellingham paramedics for three or four years. They need to train the officers at District 7
and the Point Roberts officer.
Knutzen stated there is a motion to amend. He understands the administration view
that the County must pay its debts through the interlocal agreement. There is some
question of whether the other side followed through on the agreement. There was an open
enrollment class that is now a closed enrollment class. It's unfair to the Chief and people of
Point Roberts to bundle their request into the same proposal, which may limit the County
Council to approving one and not the other. Approve the money for the Point Roberts chief.
Weimer stated he is tired of the entire issue, which has been going on for a few
years. There is much confusion and conflict on all sides. Budget requests that haven't been
recommended have come to the Council as emergencies. All the cities and the people voted
to reinvigorate the EMS committee to deal with strategies for how EMS goes forward, a
budget recommendation in a timely manner, and conflicts. All on that committee are EMS
experts. He is not. Move forward with that committee. Put budget recommendations and
system solutions through the committee. However, they will lose this $395,000. There is
an interlocal agreement. He tends to want to change his vote. The County Council has
made it clear that it wants a better system. Vote to approve both of these requests this
evening, then make sure the EMS Committee is reinvigorated per the Plan. If that
committee can't make a recommendation, the County will have to redesign the system.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Knutzen, Nelson, Crawford, Weimer, Mann and Kershner (6)
Brenner stated she would like to bifurcate the two requests.
The motion to adopt the original ordinance carried by the following vote:
Ayes: Nelson, Crawford, Weimer, Mann and Kershner (5)
Nays: Brenner (1)
Abstain: Knutzen (1)
2. REQUEST APPROVAL OF A DIFFERENT COST -SHARE FORMULA THAN THE
STANDARD 70/30 FORMULA SPECIFIED IN THE FCZD CONSTRUCTION
COST -SHARE PROGRAM FOR CONSTRUCTION OF THE ACME PHASE 2
PROJECT IN CONJUNCTION WITH THE ACME /VANZANDT SUBZONE
(AB2010 -226) (8:11 :35 PM)
(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 moved
to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Knutzen, Nelson, Crawford, Weimer, Mann and Kershner (7)
Whatcom County Council, 6/8/2010, Page 5
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Nays: None (0)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
BELLINGHAM FOR ANNEXATION OF APPROXIMATELY 174 ACRES (KNOWN
AS THE BEN NETT / BAKE RVIEW /AIRPORT DRIVE ANNEXATION) (AB2010-
234) (8:12 :58 PM)
Knutzen reported for the Planning and Development Committee and moved to
approve the request.
The motion carried by the following vote:
Ayes: Brenner, Knutzen, Nelson, Crawford, Weimer, Mann and Kershner (7)
Nays: None (0)
4. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED APPROVAL OF A
PLANNED UNIT DEVELOPMENT AND PRELIMINARY BINDING SITE PLAN,
FILED BY THE PORT OF BELLINGHAM FOR " BELLINGHAM INTERNATIONAL
AIRPORT" (PUD2008 -0001) (BSP2008 -0003) (AB2010 -224) (8 :13 :18 PM)
Knutzen reported for the Planning and Development Committee and moved to
approve the request.
Mann stated he is against the proposal. He has questions about the water supply
and implications for the jail. He is not comfortable with wording in the proposal, which
allows for commercial activity on Port property when other commercial real estate centers
throughout the county are hurting. They don't need to create more opportunities for the
Port to compete with the private sector.
Brenner stated the Port can only lease these properties at market value. They can't
undercut private businesses.
Mann stated it increases the supply.
Brenner stated the Port's job is to create business.
Mann stated the Port is supposed to do job creating and economic development.
He's not sure that purpose is best served by being a landlord.
Brenner stated she agrees. The Port is supposed to pay for itself. It's not supposed
to be subsidized. She supports the Port because of the fact the land has to be offered and
has to be available at market value.
Weimer asked if this would impact jail siting.
Dewey Desler, Deputy Administrator, stated it would not.
The motion carried by the following vote:
Ayes: Brenner, Knutzen, Nelson, Crawford, Weimer and Kershner (6)
Nays: Mann (1)
Whatcom County Council, 6/8/2010, Page 6
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S. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 20, TO REDUCE
DEVELOPMENT POTENTIAL IN ZONING DISTRICTS WITHIN THE LAKE
WHATCOM WATERSHED (AB2010 -185) (8:18 :33 PM)
Knutzen reported for the Planning and Development Committee and moved to hold
this in Committee indefinitely. There is confusion about the boundaries. They will have to
deal with this within the context of the rural element. This item doesn't expire until
September.
Crawford stated the motion is out of order. The issue is up for discussion. He
moved to adopt the ordinance.
Brenner stated it behooves the County to make sure the boundary lines are correct.
She is interested in getting a workable transfer of development rights proposal together
with Councilmember Mann. When there is a question of whether properties at the edge of a
watershed are in or out of the watershed, the County should have the option to work with
the property owners. Otherwise, the owners have no predictability.
Nelson asked the number of lots affected.
Sam Ryan, Planning and Development Services, stated that the number of buildable
lots this would affect is less than 200.
Nelson stated he is against the moratorium. It has put people in the watershed on
hold for 15 years. The Council addressed stormwater, shorelines, and other things.
Everything is being done. None of these property owners intended to do the damage people
thought they would. It's an urban areas. Use regulatory tools to protect the watershed and
infrastructure, and quit punishing people.
Mann stated development in the watershed affects water quality. That's been
proven. They have a duty to protect the water supply. They are obligated to not take
property randomly. It doesn't feel right to change the rules on someone. He wants to
come up with a Transfer of Development Rights (TDR) Program that really works. Balance
protection of the watershed and agricultural land through a market -based system that
compensates landowners. He asked for another six -month moratorium to work on a TDR
program. He moved to hold in committee indefinitely.
The motion to hold failed for lack of a super- majority by the following vote:
Ayes: Mann, Brenner, Knutzen and Kershner (4)
Nays: Weimer, Nelson and Crawford (3)
Crawford stated he is against the ordinance. Only three property owners have
indicated any interest. That indicates to him that there is very little desire by property
owners. The properties are compromised by critical areas and steep slopes. South Bay
properties have historical development patterns of large lots with a house in the middle.
There isn't any practical way for those to be divided into two lots. They need to work on
things that really make a difference to the lake. This is a textbook downzone. It's no way
to deal respectfully, realistically, and practically with the property owners in the watershed
on protection.
Brenner stated she is against the motion for opposite reasons. She supports the
downzone. Take people back a number of years. People talked about this for years before
the moratorium. People who wanted to develop had every opportunity to vest their lots.
Whatcom County Council, 6/8/2010, Page 7
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The map changed. That bothers her. It has affected at least one property owner, maybe
more. She's disgusted with the comment that it's only one property owner.
Councilmembers are supposed to represent all property owners. If one property owner is
treated unfairly, it's still a matter of unfairness. She likes Councilmember Mann's
suggestion, especially as it applies to areas where they're not clear of watershed status.
Keep the moratorium in place, but make sure they have a mechanism in place to treat
people fairly. If they vote this down, the moratorium will stay in place.
The motion failed by the following vote:
Ayes: Weimer (1)
Nays: Brenner, Knutzen, Nelson, Crawford, Mann and Kershner (6)
6. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 20, TO CLARIFY
AND REVISE THE DEFINITION AND STANDARDS OF HOME OCCUPATIONS
(AB2010 -047) (8:34:08 PM)
Knutzen reported for the Planning and Development Committee and stated the
committee made changes to the ordinance, and a hearing will be scheduled July 27, with
introduction on June 22.
7. NOMINATION AND POSSIBLE APPOINTMENT TO FILL A VACANCY ON THE
WHATCOM COUNTY BOARD OF EQUALIZATION, REPRESENTING DISTRICT 3
— APPLICANT: CAROLYN DWYER (AB2010 -218) (8:34 :56 PM)
Knutzen moved to appoint Carolyn Dwyer.
Nelson moved to suspend the rules and nominate and appoint this evening, with a
two - thirds affirmative vote of the entire council.
The motion to suspend the rules carried by the following vote:
Ayes: Brenner, Knutzen, Nelson, Crawford, Weimer, Mann and Kershner (7)
Nays: None (0)
The motion to appoint Carolyn Dwyer carried by the following vote:
Ayes: Brenner, Knutzen, Nelson, Crawford, Weimer, Mann and Kershner (7)
Nays: None (0)
8. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
GEORGE WHITE AND LINDA LANCASTER AND HIS RE-
APPOINTMENT OF GLEN HALLMAN AND SHARON WOLF TO THE NORTHWEST
SENIOR SERVICES BOARD (AB2010 -236) (8 :36 :32 PM)
Nelson moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Brenner, Knutzen, Nelson, Crawford, Weimer, Mann and Kershner (7)
Nays: None (0)
9. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
DAVID KINCHELOE TO THE WHATCOM COUNTY MENTAL HEALTH ADVISORY
BOARD (AB2010 -237) (8 :37 :01 PM)
Brenner moved to confirm the appointment.
Whatcom County Council, 6/8/2010, Page 8
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The motion carried by the following vote:
Ayes: Brenner, Knutzen, Nelson, Crawford, Weimer, Mann and Kershner (7)
Nays: None (0)
INTRODUCTION ITEMS
Mann moved to accept the Introduction Items.
Weimer asked to postpone scheduling Introduction Item one in committee until July's
second meeting.
The motion to introduce items one and two carried by the following vote:
Ayes: Brenner, Knutzen, Nelson, Crawford, Weimer, Mann and Kershner (7)
Nays: None (0)
1. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20, TO ADD
PIPELINE SAFETY REGULATIONS (AB2010 -238)
2. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY BUDGET, TWELFTH,
REQUEST, IN THE AMOUNT OF $1,109,001 (AB2010 -239)
OTHER BUSINESS (8:38:50 PM)
Brenner submitted a draft letter (on file) and moved to send the letter to the
Governor and federal government to defend businesses in Point Roberts. Send it to all
necessary officials.
Nelson stated he understands the letter, but doesn't like the format. It is confusing.
It's important to say that businesses are being impacted by changes in policy beyond the
scope of County control. If nothing else, the letter will alert them at the national level about
Whatcom County being impacted by border areas in the county. This has a great impact
economically on these areas.
Brenner amended her motion and moved to approve the letter with one change. She
will rewrite the letter so the last sentence becomes the first sentence in the letter, and the
sentence would be amended, The new 1-12B policy will have a grave
effect...."
The motion carried by the following vote:
Ayes: Brenner, Knutzen, Nelson, Crawford, Weimer, Mann and Kershner (7)
Nays: None (0)
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (8 :48:32 PM)
Weimer stated he will not be at the next meeting.
Knutzen stated he got to tour Point Roberts.
Whatcom County Council, 6/8/2010, Page 9
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Mann stated he and Councilmember Kershner took the Farm Friends tour about
starling control.
Brenner reported for the Public Works and Safety Committee about today's
presentation by Rodd Pemble, SSC Recycling Manager, regarding waste reduction
ideas (AB2010 -241). Also, the Women in Timber tour is Friday at 8 a.m. at the Deming
Logging Show.
Nelson reported for the Natural Resources Committee on the discussion regarding
a proposed ordinance establishing a Forestry Advisory Committee for Whatcom
County (AB2010 -225) and the discussion regarding Whatcom County Code 20.38,
Agriculture Protection Overlay (AB2010 -240). There was a discussion of a Forestry
Advisory Committee. Mr. Engholm is a proponent of the committee. There are questions
remaining on financing and staffing. Also, they are still discussing how to appropriately -size
the agricultural overlay.
Kershner stated the starling program is very effective. She is inclined to continue
funding the program.
ADJOURN
The meeting adjourned at 8:52 p.m.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council@�omhatcomma.us
Dana Brown- Davis, Council Clerk
Sam Crawford, Council Chair
Whatcom County Council, 6/8/2010, Page 10