HomeMy WebLinkAboutCouncil August 9 20051
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
WHATCOM COUNTY COUNCIL
Regular County Council
August 9, 2005
Council Chair Laurie Caskey- Schreiber called the meeting to order at 7:00
p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present:
Barbara Brenner
Sam Crawford
Seth Fleetwood
Sharon Roy
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Absent:
Dan McShane
Caskey- Schreiber announced there was a collective bargaining update on
open and soon -to- expire agreements (AB2005 -062) and a discussion with a
representative of the Whatcom County Prosecutor's Office regarding
pending litigation (AB2005 -018) in executive session during the Committee of
the Whole meeting.
MINUTES CONSENT
1. SPECIAL COUNTY COUNCIL (PARKS PLAN) FOR JULY 19, 2005
Nelson moved to approve the minutes.
Motion carried unanimously.
OPEN SESSION
The following people spoke:
Marian Beddill, 3600 Seeley, Bellingham, stated the Council is invited to a
public forum on Saturday, August 27 at 10:00 a.m. in the library. The forum is
about maintaining the integrity of the election systems. For more information,
people can visit the website: noleakybuckets.org.
Whatcom County Council, 8/9/2005, Page 1
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Dennis Jones, Sudden Valley, stated people should think about the local
resources that went into the Hiroshima incident 60 years ago. Crown Pacific
logging activities on Stuart Mountain have eroded the topsoil. Nielson Brothers
logging activity was done in hopes of creating a development. The people who
platted Sudden Valley in 1968 didn't know the effects. Now they know. It's
reprehensible to have citizen representative to the State Department of Natural
Resources (DNR) who works for Nielson Brothers. Tell the truth about the lake.
It's been said that it will take a disaster for government to know they have to
protect the lake. It will cost $300 million to find a new water supply. It will cost
$150 million to have secondary and tertiary treatment. Realize that restrictive
zoning and covenants aren't enough. First, do no more wrong. Use the 110
percent solution. Save the lake for the children.
Sharon Crozier, Bellingham, stated the Council should make its decisions for
the watershed. Restrain growth until it can be considered appropriately. Don't
loosen the controls they already have. Reexamine the Council's position on the
Sudden Valley urban growth area (UGA).
PUBLIC HEARINGS
1. RESOLUTION VACATING A PORTION OF MOSQUITO LAKE ROAD
(AB2005 -283)
Caskey- Schreiber opened the public hearing and, hearing no one, closed the
public hearing.
Fleetwood moved to adopt the ordinance.
Brenner stated the Council is only vacating a portion of the road that has
fallen toward the river and has been replaced.
Motion carried unanimously.
2. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.71 — WATER
PROTECTION OVERLAY DISTRICT (ON AN INTERIM BASIS), TO
PROVIDE ADDITIONAL REGULATORY PROTECTION FOR THE LAKE
WHATCOM WATERSHED (AB2005 -072C)
Caskey- Schreiber opened the public hearing and the following people spoke:
Dennis Jones, Sudden Valley, stated there is no excuse for an urban growth
area (UGA) in Sudden Valley. Let the UGA die a slow withering death. Whatcom
County Code (WCC) 20.71.350 didn't go far enough. They know that Sudden
Valley was clear- cutting lots. Their catch basins silt up after about three years.
Close the exemption of 200 square feet to houses. Cluster subdivisions approved
after the moratorium are out of code.
Whatcom County Council, 8/9/2005, Page 2
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Marian Beddill, 3600 Seeley, Bellingham, stated the Council has to do what
has to be done to protect the water supply. Urban development is the problem. He
understands the others' point of view. However, nothing else matters more to
human health than clean drinking water. Don't allow a City of Sudden Valley in the
watershed. Don't give control over to those who have real estate profits as their
principal interests. Adopt the ordinance with increased protection and control over
the sole source of potable drinking water.
Dave Ewoldt, 1811 Eldridge Avenue, Bellingham, stated a development
moratorium without loopholes should be extended until growth threshold standards
are established that would preserve or improve the quality of life in Whatcom
County. Those standards are important. Courts will insist on justifiable rationales
for stopping growth. Many other cities have capped growth in ways that were
upheld by the courts. In the absence of a moratorium, land developers can impose
additional growth by vesting their right to develop under existing lax land use
regulations. Courts have allowed moratoria to block development during the time
required to amend plans and regulations when ongoing development would defeat
the stated intent of revising the public documents to ensure environmental health
and quality of life. Change the comprehensive plans to reflect the studies justifying
a growth cap, before regulatory actions can be legally undertaken to curb land
development. Once comprehensive plans are changed to reflect no- growth policies,
a community can legally change zoning and subdivision ordinances that ensure
ongoing growth. There is no legal guarantee to allow the most profitable use of any
particular property. Preserve the amenities of Whatcom County. People are
moving to Whatcom County to escape the problems caused by development.
Steve Hood, Washington State Department of Ecology (Ecology), 1204
Railroad Avenue, stated he is pleased to see that the Council has recognized the
impact from impervious surfaces that are less than 100 percent. Development has
an impact, beyond the roof. The gravel driveways have an impact. He is happy
with focus on redevelopment and triggering things that will start making
improvements in existing development. Ecology is doing its best to get information
to the County. There should be some information in another month or so.
Brenner asked if Ecology or the Department of Fish and Wildlife requires the
hydraulic permit approval (HPA). Hood stated that approval is required by the
Department of Fish and Wildlife.
Cal Leenstra, Birch Bay, stated the Council should keep the impervious
surface limit at 2,500 square feet. The limit is already unnecessarily low. If the
footprint is too low, it becomes an obstacle to sensible design. It discriminates
against older people who can afford homes on the lake and who want a one -story
home. A smaller footprint forces an ugly two to three story design and is not
harmonious with the site. The percentages are unfair and deny privileges granted
to existing homeowners. It would be troublesome to prove there is a proportional
relationship between a limitation being imposed on landowners who want to build a
Whatcom County Council, 8/9/2005, Page 3
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
new home and the resulting benefit to the lake. A 500 square foot reduction in
impervious surfaces allowed would not make a measurable difference in water
quality.
Roger Ellingson, 3033 Alderwood Avenue, Bellingham, submitted and read
from information (on file). This is a piecemeal approach. The real approach would
be a comprehensive stormwater management plan. The Council needs to force the
County Executive to do a comprehensive stormwater management plan. He
suggested a building moratorium until that has happened. A building moratorium
should be kept in place until the transfer of development rights (TDR) program
bank is working. Have Rick Pruetz develop the program. Impose a tax on
impervious surfaces.
Hearing no one else, Caskey- Schreiber closed the public hearing.
Fleetwood moved to adopt the ordinance.
Brenner stated this is an interim ordinance. The Council has discussed it
previously. This is the same ordinance as before.
Motion carried unanimously.
3. ORDINANCE DECLARING INTENT TO ACCEPT A NEW SECTION OF
DELTA LINE ROAD AS A WHATCOM COUNTY ROAD (AB2005 -315)
Caskey- Schreiber opened the public hearing and the following person spoke:
Klaus Klix, 5563 Hillard Road, Everson, stated the road connector is
complete. It is safer and provides easier access for trucks. They've sold eight lots
to local growing companies, which will produce 60 to 80 jobs. He thanked the
Council, Executive Kremen, and the County staff for their support.
Hearing no one else, Caskey- Schreiber closed the public hearing.
Brenner moved to adopt the ordinance. She thanked Mr. Klix. This is a
great example of how environmentally sensitive industrial development can work.
Motion carried unanimously.
4. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY
SURPLUS PROPERTY (AB2005 -310A)
Caskey- Schreiber opened the public hearing and, hearing no one, closed the
public hearing.
Nelson moved to approve the resolution.
Whatcom County Council, 8/9/2005, Page 4
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Motion carried unanimously.
CONSENT AGENDA
Nelson reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through 14.
Nelson withdrew item 12.
Motion to approve Consent Agenda items 1 through 11, 13, and 14
carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND THE
OPPORTUNITY COUNCIL FOR MOBILE HOME REPAIR AND
REHABILITATION PER COUNTY 2060 ADVISORY COMMITTEE
RECOMMENDATIONS, IN THE AMOUNT OF $83,482 (AB2005 -319)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
COOPERATIVE AGREEMENT BETWEEN WHATCOM COUNTY AND THE
UNITED STATES OF AMERICA COMMODITY CREDIT CORPORATION
AND WHATCOM LAND TRUST FOR THE FARM AND RANCH LANDS
PROTECTION PROGRAM, IN THE AMOUNT OF $405,013 (AB2005 -320)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT EXTENSION BETWEEN WHATCOM COUNTY AND BOSMAN,
INC. FOR TRUCK AND TANKER VEHICLE PETROLEUM FUEL SERVICE,
IN THE AMOUNT OF $545,007, FOR A TOTAL AMENDED CONTRACT IN
THE AMOUNT OF $1,134,161.10 (AB2005 -321)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON
STATE DEPARTMENT OF TRANSPORTATION TO ALLOW MUTUAL USE
OF EACH PARTY'S PROPERTY DURING THE DEVELOPMENT OF A
BICYCLE PEDESTRIAN LANE ON A REPLACEMENT BRIDGE OVER
BOULDER CREEK ON SR542 (AB2005 -322)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND THE
DEPARTMENT OF SOCIAL AND HEALTH SERVICES FOR TECHNICAL
ASSISTANCE IN THE AREA OF JUVENILE DETENTION ALTERNATIVES
THROUGH THE ANNIE E. CASEY FOUNDATION, IN THE AMOUNT OF
$46,475, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF
$86,475 (AB2005 -323)
Whatcom County Council, 8/9/2005, Page 5
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND THE
WASHINGTON STATE DEPARTMENT OF COMMUNITY, TRADE AND
ECONOMIC DEVELOPMENT FOR PAYMENT OF WAGES FOR ONE
WHATCOM COUNTY SHERIFF'S DETECTIVE AND ONE BELLINGHAM
POLICE DEPARTMENT DETECTIVE, IN THE AMOUNT OF $94,445
(AB2005 -324)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND RE
SOURCES TO PROVIDE CLASSROOM EDUCATION PROGRAMS TO
PROMOTE WASTE REDUCTION, RECYCLING AND PROPER HOUSEHOLD
HAZARDOUS WASTE MANAGEMENT, IN THE AMOUNT OF $75,000
(AB2005 -325)
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND
ARCHDIOSESAN HOUSING FOR 2060 REPAIR AND RETENTION
FUNDING FOR REPAIRS AT MT. BAKER APARTMENT BUILDING, IN
THE AMOUNT OF $48,505 (AB2005 -326)
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
ECONOMIC DEVELOPMENT INVESTMENT PROGRAM INTERLOCAL
GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
SUMAS FOR FUNDING A PORTION OF THE HAUL ROAD EXTENSION
PROJECT IN THE CITY OF SUMAS, IN THE AMOUNT OF $225,000
(AB2005 -327)
10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #05-
57 FOR A CHIP SPREADER TO WESTERN POWER EQUIPMENT, IN THE
AMOUNT OF $198,787.93 (AB2005 -328)
11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
RESIDENTIAL LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND
MICHAEL HILTI TO LEASE THE HOUSE LOCATED AT 2723 BROADWAY,
BELLINGHAM, IN THE AMOUNT OF $895.00 PER MONTH (AB2005-
329)
12. RESOLUTION AUTHORIZING THE EXECUTIVE TO ENTER INTO A
PURCHASE AND SALE AGREEMENT WITH THE LUMMI ISLAND
COMMUNITY LAND TRUST TO PURCHASE PARCEL #370104 539091
0000 FOR FERRY PARKING, IN THE AMOUNT OF $110,000 PLUS
COSTS (AB2005 -330)
Nelson reported for the Finance and Administrative Services Committee and
moved to approve the resolution.
Whatcom County Council, 8/9/2005, Page 6
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Crawford stated he has changed his mind on this item after a discussion with
the County Executive and a constituent on Lummi Island who is concerned about
this item.
Motion carried unanimously.
ADDENDA:
13. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND ANVIL
CORPORATION FOR REPLACEMENT OF THE HVAC SYSTEM IN
SUPERIOR COURT #2 AND COMMISSIONERS COURTROOM #3, IN THE
AMOUNT OF $24,000 (AB2005 -338)
14. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND EBENAL
GENERAL FOR WORK ON THE NORTHWEST ANNEX BUILDING, IN THE
AMOUNT OF $31,671.84, FOR A TOTAL AMENDED AMOUNT OF
$257,809.84 (AB2005 -339)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2005 WHATCOM COUNTY BUDGET,
EIGHTH REQUEST (AB2005 -314)
Nelson reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Motion carried unanimously.
2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
CODE, CHAPTER 20.80.800 — LIVESTOCK REGULATIONS (AB2005-
316)
Fleetwood reported for the Planning and Development Committee and
moved to adopt the ordinance. He moved to amend 20.80.805(3), "...calves
under s+x 12 months...." There wasn't sufficient reason for keeping it at six months.
Brenner stated calves at six months have not yet been weaned.
Motion to amend carried unanimously.
Fleetwood moved to amend 20.80.805(4), "...The land area remaining for
livestock use is the "net acreage," which can include leased land, is used in the
above table to determine stocking rate."
Whatcom County Council, 8/9/2005, Page 7
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Brenner stated staff brought up the fact that someone with acreage bigger
than the lot will be fined if it meets these requirements. Don't have a lot of people
coming in thinking they are violating the law when they are not.
Motion to amend carried unanimously.
Fleetwood moved to amend 20.80.805(5), "...animal unit equivalent but
no case shall lovesteck be 1(ept en a net affeage ef Y4 affe eF less in size."
Brenner stated this section is talking about anything that weighs 50 pounds
or less. A .05 animal unit equals 50 pounds. The purpose of the amendment is to
allow anything that weighs 50 pounds or less.
Crawford stated there is a problem with the table. According to the table, a
duck equals a .2 animal unit.
Brenner stated the section as it is doesn't allow any livestock on a parcel that
is Y4 of an acre or smaller. This amendment will allow livestock on smaller parcels.
Roy stated it sounds reasonable to not allow livestock on lots that small.
Brenner stated there are dogs that weigh more than 50 pounds.
(Clerk's Note: End of tape one, side A.)
Brenner continued to state that there are other laws, such as nuisance laws,
if the animals are a problem. Don't deny someone from having a chicken, rabbit, or
duck.
Motion to amend carried unanimously.
Caskey- Schreiber stated this item will go back to the Planning Committee
and a public hearing may be held in September.
Nelson asked the purpose for this ordinance.
Brenner stated the reason for the ordinance was to clarify the work the
Council had done about animal units. It wasn't clear before. She's not sure the
animal unit amounts have been clarified correctly.
Crawford stated the correct animal unit for ducks and geese is probably
supposed to be .02, not .2. Someone expressed a concern about the regulation
because it does not include the living area. He needs to know the evidence that
five cows on five acres has been a problem that requires the regulation be four
cows. It will affect some people.
Whatcom County Council, 8/9/2005, Page 8
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
3. APPOINTMENT TO THE SURFACE MINING ADVISORY COMMITTEE -
APPLICANT: KENT NIELSEN (AB2005 -317)
Brenner moved to appoint Kent Nielsen.
Motion carried unanimously.
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE AN
APPLICATION FOR A NEW LIQUOR LICENSE FOR DAKOTA CREEK
WINERY, 3575 HAYNIE RD., BLAINE (AB2005 -331)
Roy moved to approve the request.
Motion carried unanimously.
S. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
DONNA DAVIS TO THE DEVELOPMENTAL DISABILITIES BOARD
(AB2005 -332)
Brenner moved to confirm the appointment.
Motion carried unanimously.
6. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
DAC JAMISON TO THE SUBSTANCE ABUSE ADVISORY BOARD
(AB2005 -333)
Brenner moved to confirm the appointment.
Motion carried unanimously.
7. REQUEST CONFIRMATION OF THE EXECUTIVE'S REAPPOINTMENT OF
DAVID WARREN TO THE JOINT PUBLIC FACILITIES DISTRICT BOARD
(AB2005 -334)
Nelson moved to confirm the reappointment.
Motion carried unanimously.
INTRODUCTION ITEMS
Nelson moved to accept the Introduction Items, including the substitute for
A132005 -336.
Motion carried unanimously.
Whatcom County Council, 8/9/2005, Page 9
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY
COMPREHENSIVE PLAN MAP AND THE WHATCOM COUNTY ZONING
MAP FROM SUBURBAN ENCLAVE /RR2 TO PUBLIC RECREATION /ROS
FOR APPROXIMATELY 47 ACRES WITHIN THE CHUCKANUT -LAKE
SAMISH SUBAREA (AB2005 -335)
2. RESOLUTION AUTHORIZING APPROVAL BY THE WHATCOM COUNTY
COUNCIL TO PROVIDE FOR SUBMISSION TO THE QUALIFIED VOTERS
OF THE COUNTY A PROPOSITION AUTHORIZING A LOCAL SALES AND
USE TAX OF ONE -TENTH OF ONE PERCENT AS ALLOWED UNDER RCW
82.14.450, WITH TWO- THIRDS OF THE PROCEEDS TO BE USED FOR
FUNDING COUNTYWIDE EMERGENCY MEDICAL SERVICES AND ONE -
THIRD OF THE PROCEEDS TO BE USED FOR CRIMINAL JUSTICE
PURPOSES (AB2005 -336)
3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY CRITICAL
AREAS ORDINANCE, WCC CHAPTER 16.16 — CRITICAL AREAS AND
ASSOCIATED PROVISIONS OF WCC TITLE 2, CHAPTER 2.33, AND WCC
TITLE 20 (AB2005 -226)
4. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 11,
BOATING AND SWIMMING, TO LIMIT THE USE OF LIMB - PROPELLED
FLOTATION DEVICES ON THE SOUTH FORK OF THE NOOKSACK RIVER
FROM JUNE 1 THROUGH OCTOBER 31 (AB2005 -173A)
OTHER BUSINESS and REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Roy stated native salmon were seen returning to Terrell Creek a couple of
weeks ago. They haven't been seen in years.
Nelson stated there are State - proposed changes to contract mental health
services to a third -party provider. The region has been doing a very good job, and
appealed the proposal to court. The judge will rule next week. They are concerned
about losing about $800,000 in services locally. If the decision is negative, he
would like the Council to write a letter to appeal the decision and in support of the
North Sound mental health agency. He moved to send a letter.
Caskey - Schreiber asked if the Council will want to intervene legally if the
decision is negative.
Nelson stated the Council will want to intervene.
Motion carried unanimously.
Brenner stated there was a meeting in Kendall regarding the proposal for 750
homes. After the meeting, most people changed their views on the proposal, at
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
least in part. The idea is interesting, but the question is whether that is the right
place. She appreciated the comments and the way the people presented
themselves.
Crawford stated the Farm Friends picnic is on Saturday. It is a fun and tasty
event. He encouraged the councilmembers to attend.
ADJOURN
The meeting adjourned at 7:58 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on
ATTEST:
, 2005.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Laurie Caskey- Schreiber, Council Chair
Whatcom County Council, 8/9/2005, Page 11