HomeMy WebLinkAboutCouncil September 27 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
September 27, 2005
Council Chair Laurie Caskey- Schreiber called the meeting to order at 7:05
p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present:
Barbara Brenner
Dan McShane
Sam Crawford
Seth Fleetwood
Sharon Roy
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Absent:
None
Caskey- Schreiber announced there was discussion in executive session
during the Committee of the Whole meeting regarding:
1. Discussion with Senior Deputy Prosecutor Karen Frakes regarding
pending litigation (AB2005 -018)
The Council decided to not appeal the Growth Management Hearings Board
decision about the County's limited areas of more intense rural development
(LAMIRD's).
2. Discussion with Special Deputy Prosecutors regarding pending
litigation (AB2005 -018), and
That is ongoing.
3. Discussion with the Administration regarding a potential property
acquisition (AB2005 -018)
At this time, the Council has not made a decision. The Council will address
the issue in two weeks.
SPECIAL PRESENTATION
Whatcom County Council, 9/27/2005, 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.
1. WHATCOM COUNTY EXECUTIVE PETE KREMEN TO READ A
PROCLAMATION REGARDING KATIE HOFSTETTER (AB2005 -017)
Pete Kremen, County Executive, stated he has come and declared many
proclamations. Most are joyful. This one is different and very difficult. He read the
proclamation. He proclaimed September 27 as Katie Hofstetter Day.
MINUTES CONSENT
1. REGULAR COUNTY COUNCIL FOR SEPTEMBER 13, 2005
Brenner moved to approve the minutes as amended.
Motion carried unanimously.
OPEN SESSION
The following people spoke:
Jere Boyd, 1845 Marine Drive, Bellingham, submitted a petition (on file) and
stated there is a flood emergency in Marietta. Citizens have beefed up the dike and
managed to keep most of the water out of Marietta in 2003. Last year, there was a
flood equal to the 1990 flood in height, but not duration. The community needs
sand bags, jail crews, and bobcats to move to prepare for this winter. They need
sandbags before the emergency actually hits.
Brenner stated she will schedule this item in the Public Works Committee in
the near future.
Barbara Rofka, Human Right Task Force Co- Chair, read from the task force
mission statement. She would like the professional law enforcement in place, not
people from out -of- state. A number of them carry concealed weapons. The
Minutemen have said that people with felonies can't become a member of the
Minutemen group. However, one of the members does have a felony. He is not
allowed into Canada because of the felony.
She is concerned about people patrolling the border looking for people who
do not look like them. Whatcom County is very diverse. Protect all the citizens.
The Sheriff's Office and Border Patrol are doing a good job. People should be
welcomed here but they should not be taking over what the professionals already
do.
Sharon Montero, Bellingham, stated she invites anyone to a vigil hosted by
the Coalition for Professional Law and Border Enforcement at the Peace Arch border
on October 1. This is the same day the Minutemen are beginning their border
Whatcom County Council, 9/27/2005, 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.
patrols. The vigil is for spiritual healing. Bring symbols of peace for a peace altar.
The Canadians are planning their own day. It is not a rally or demonstration. They
are standing up for peace in Whatcom County.
In addition, hunters, hikers, and people who ride bikes along the border
should be concerned and careful. There will be armed vigilantes patrolling the
border in static positions. She read from information from the Minutemen project.
Law enforcement should patrol the borders, not armed vigilantes.
Penny Henderson, 4215 Cedar Hills Court, Bellingham, stated there are water
issues in her neighborhood, which is the Ridgewood development. There has been
a lot of development above hers that has increased the water flow to her area.
There is a culvert in her yard that drains the water from a development uphill. The
culvert runs into her neighbor's backyard. The culvert hasn't been sufficient to take
care of the water flow, so there have been floods. She removed the culvert from
her yard and put in a trench. Include her area in some study for the runoff.
Paul Ridley, 1827 Marine Drive, stated he was born and went to school in
Whatcom County. People are protesting the Minutemen. He works for a veteran's
group in Whatcom County. Their group includes from people all across the country.
He has Native American, Vietnamese, and aboriginal relatives. He is offended that
protestors accuse him of discrimination. He wonders at people who want to allow
people to sneak across their border. All the Minutemen have police background
checks and have background experience in law enforcement and the military. Their
average age is over 60 years. He submitted the standard operating procedures for
the Minutemen. The purpose is to draw attention to the fact that law enforcement
and border patrol are at -risk just like he was when he was on the front line in
Vietnam. The President should have not provided more staff. The equipment is
antiquated. The cameras at the border don't work. The safety officer for the
Minuteman operation in Washington State is Dr. Tom Williams, who is a retired
psychologist and naval academy graduate with active military experience.
Tom Williams, 6320 Rutsatz Road, Deming, stated he's lived here ten years.
He graduated from the naval academy. He was a Marine Corps intelligence and
infantry officer during two tours in Vietnam. He came back and became a
psychologist specializing in post- traumatic stress disorder. He worked as a police
psychologist and taught at the Federal Bureau of Investigation (FBI) and the police
academies and police across the nation and in other countries.
He's been tasked with setting up a program to bring the Minutemen in to
make a political statement along the border. Some people will be armed, but he
and the security people won't be armed. Anyone who is armed will have a copy of
their concealed weapons permit. Every day, the Sheriff and Border Patrol will know
who on the line has a concealed weapons permit. His job is to keep everyone safe,
give these patriots a place to stand on the border, and to make a statement that
they need more attention to border security. He doesn't care who comes into the
Whatcom County Council, 9/27/2005, 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.
country as long as they come in the front door and sign the guestbook. Homeland
Security can figure out the rest.
Crawford asked where they go and if they are visible. Williams stated they
are visible. They are giving people the Minutemen logo, a cell phone, and field
glasses. Some people will be on private property. Most of the time, they'll be
where they see the border patrol agents now, at the end of the roads. They've
worked with the Sheriff, Blaine Police, and Sumas Police about their positions. They
must remain in static positions. They are not allowed to move. They will be
wearing reflective clothing. They will be supervised and watched. Most have
already been cleared. Most are from Washington and Oregon.
Eric Jacoby, 2363 Mosquito Lake Road, Acme, stated the 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) is
important to protect the environment. They need to start considering the fish.
There is a lack of oversight on the river. Local people are getting tired of the litter
and the destruction of the environment. The forestry industry has footed most of
the bill for salmon recovery.
Roy reported for the Natural Resources Committee and stated that the
committee forwarded this item to the Council for a public hearing.
PUBLIC HEARINGS
1. ORDINANCE ESTABLISHING A FEE FOR MANDATORY ARBITRATION
TO OFFSET THE COST OF THE PROGRAM (AB2005 -359)
Caskey- Schreiber opened the public hearing and, hearing no one, closed the
public hearing.
Fleetwood moved to adopt the ordinance.
Motion carried unanimously.
2. RESOLUTION TO SELL TAX -TITLE PROPERTY BY NEGOTIATION TO
WHATCOM COUNTY PUBLIC WORKS, REQ. #01 -05 (AB2005 -356A)
Caskey- Schreiber opened the public hearing and, hearing no one, closed the
public hearing.
Nelson moved to approve the resolution.
Motion carried 6 -0 with Brenner out of the room.
Whatcom County Council, 9/27/2005, 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.
3. ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO LAKE
WHATCOM WATER & SEWER DISTRICT (AB2005 -361)
Caskey- Schreiber opened the public hearing and, hearing no one, closed the
public hearing.
Nelson moved to adopt the ordinance.
Motion carried 6 -0 with Brenner out of the room.
4. ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO THE
HILLTOP WATER OWNERS ASSOCIATION (AB2005 -362)
Caskey- Schreiber opened the public hearing and, hearing no one, closed the
public hearing.
Nelson moved to adopt the ordinance.
Motion carried unanimously.
CONSENT AGENDA
Nelson reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through 12 and 14 through 17. Item
13 comes forward with no recommendation.
Motion to approve Consent Agenda items one through 12 and 14
through 17 carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
STANDARD CONSULTANT AGREEMENT BETWEEN WHATCOM COUNTY
AND REICHHARDT & EBE ENGINEERING, INC. FOR THE PHASE 2
FINAL DESIGN FOR THE SIGNALIZATION OF THE HANNEGAN ROAD
AND SR 544 INTERSECTION, IN THE AMOUNT OF $205,860 (AB2005-
366)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
JOINT FUNDING AGREEMENT WITH THE US GEOLOGICAL SURVEY
FOR ANNUAL OPERATION AND MAINTENANCE OF THE COUNTY'S
STREAM GAGE NETWORK, IN THE AMOUNT OF $63,245, OF WHICH
$51,245 IS REQUESTED BE FUNDED BY THE COUNTY AND $12,000
WILL BE FUNDED BY THE USGS (AB2005 -367)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY
AND PHILIP WILLIAMS & ASSOCIATES, LTD. FOR A SHORELINE
Whatcom County Council, 9/27/2005, 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.
ASSESSMENT IN THE AREA OF THE LEGOE BAY ROAD SEAWALL, IN
THE AMOUNT OF $44,778.58 (AB2005 -368)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN WHATCOM COUNTY AND WHATCOM ALLIANCE
FOR HEALTHCARE ACCESS TO PROVIDE IMPROVED ACCESS TO
HEALTH CARE SERVICES FOR LOW INCOME AND UNINSURED PEOPLE
IN WHATCOM COUNTY, IN THE AMOUNT OF $125,000, OF WHICH
$50,000 IS REQUESTED BE FUNDED BY THE COUNTY AND $75,000
WILL BE FUNDED BY DSHS MEDICAID ADMINISTRATIVE MATCH
FUNDS (AB2005 -369)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN WHATCOM COUNTY, WHATCOM COUNTY
SHERIFF'S OFFICE DIVISION OF EMERGENCY MANAGEMENT AND
SPECIALIZED EMERGENCY RESPONSE PROGRAM (SERP) HAZARDOUS
MATERIALS UNIT FOR EQUIPMENT DISTRIBUTION IN ORDER TO
ENHANCE OUR COMMUNITY PREPAREDNESS TO COMBAT
TERRORISM, IN THE AMOUNT OF $44,703.38 FUNDED FROM THE
SNOHOMISH COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT,
WASHINGTON STATE MILITARY DEPARTMENT AND US DEPARTMENT
OF HOMELAND SECURITY (AB2005 -370)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT TO WHATCOM COUNTY CONTRACT
200411025 BETWEEN WHATCOM COUNTY AND COMPU -TECH, INC.,
WHICH EXTENDS THE AGREEMENT THROUGH JUNE 30, 2006,
INCREASING THE MAXIMUM CONSIDERATION BY $92,400, FOR A
TOTAL AMENDED CONTRACT AMOUNT OF $372,000 (AB2005 -371)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE
CITY OF SUMAS CONCERNING ANNEXATION (AB2005 -372)
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN WHATCOM COUNTY AND CH2M HILL TO
PREPARE A COMPREHENSIVE STORMWATER PLAN FOR THE
WATERSHEDS OF BIRCH BAY, IN THE AMOUNT OF $153,000
(AB2005 -373)
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO RENEW
INSURANCE FOR THE WHATCOM CHIEF FERRY FOR POLICY YEAR
9/30/2005 THROUGH 9/30/2006, IN THE AMOUNT OF $33,801
(AB2005 -374)
10. RESOLUTION TO SET HEARING TO SELL SURPLUS PROPERTY BY
AUCTION, REQ. #02 -05 (AB2005 -375)
Whatcom County Council, 9/27/2005, 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.
11. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY
NEGOTIATION, REQ. #2005 -01 (AB2005 -376)
12. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY
NEGOTIATION, REQ. #2005 -02 (AB2005 -377)
13. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY
PUBLIC AUCTION, REQ. #2005 -03 (AB2005 -378)
Nelson reported for the Finance and Administrative Services Committee.
The administration told him that the language in the auction item about the building
being non - buildable to make the public properly informed of what the parcel was.
The good faith intent was to let the public know there is not a suitable building site
on this property. He hoped government would always be above -board and honest
with the citizens it represents. He moved to retain the property for the public
good.
Crawford stated the parcel adjacent is not built on and is buildable. There
may be a square footage issue, depending on Blaine's city code, on how much area
they need and how much service they can cover. If this guy purchases the
adjacent property, he may be able to achieve the square footage that he needs. He
may be able to consolidate the lots, and the structure could go over the property
line on that high point.
The bigger issue is that the County is not in the business of determining
whether a parcel is buildable for tax title properties, other than with the Sudden
Valley where they are trying to remove buildable parcels. That's not what the
County does with tax title properties. Determining whether a parcel is buildable lies
with the jurisdiction in charge, which is not Whatcom County in this case.
According to legal counsel, the County does not want to incur a liability of
telling people that the County has done an analysis of whether or not a property is
buildable. For instance, the County may incur a liability be determining and
disclosing that this property is not buildable, but not other properties. No engineer
or anyone has done any analysis on this property.
Caskey- Schreiber asked if the critical areas ordinance prohibits anything from
being constructed on property that goes underwater. Maybe the Council should
make that policy change to inform people.
Nelson stated Councilmember Crawford is saying that the individual may be
able to build on an adjoining parcel. It's also not the County's business to sell land
that is underwater if it's not necessary. Their job is to determine the use of the
property that is best for the public good.
Whatcom County Council, 9/27/2005, 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.
Crawford stated they don't know if the keeping the property is in the public's
interest. Move this item to a public hearing, when they can determine whether
keeping the property is in the public's best interest.
McShane moved to hold in committee. It should not go to a public hearing
until things are resolved. Look closer at whether it's in the County's interest to sell
the property. The community in Drayton Harbor has an interest in protecting its
shellfish growing areas.
Nelson stated the lot is predominantly underwater, with a corner piece of
sand that may be used. The public is interested in environmental protection and
riparian habitat. His concern is about selling it as a building lot.
Motion to hold in committee carried 4 -3 with Roy, Brenner, and
Caskey- Schreiber opposed.
14. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY
PUBLIC AUCTION, REQ. #2005 -04 (AB2005 -379)
15. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY
PUBLIC AUCTION, REQ. #2005 -05 (AB2005 -380)
16. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY
PUBLIC AUCTION, REQ. #2005 -06 (AB2005 -381)
17. RESOLUTION TO SET HEARING TO SURPLUS COUNTY -OWNED
PROPERTY FOR REVERSION TO NORTH WEST INDUSTRIES (NWI),
REQ. #2005 -07 (AB2005 -382)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2005 WHATCOM COUNTY BUDGET,
NINTH REQUEST, IN THE AMOUNT OF $393,883 (AB2005 -358)
Nelson reported for the Finance and Administrative Services Committee and
moved to adopt the substitute ordinance in the amount of $413,883.
Motion carried unanimously.
2. APPROVAL OF REQUEST FROM JOHN COX, JONES ENGINEERS, FOR
EXTENSION OF THE PRELIMINARY PLAT APPROVAL OF GOVERNOR
ROAD PHASE II (AB2005 -363)
Fleetwood reported for the Planning and Development Committee and
moved to approve the request.
Whatcom County Council, 9/27/2005, 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.
Motion carried unanimously.
3. ORDINANCE TO AMEND A PORTION OF THE OFFICIAL WHATCOM
COUNTY ZONING ORDINANCE, CHAPTER 20.97 — DEFINITIONS AND
20.40.250 — MINIMUM LOT SIZE AND LAND SUBDIVISION (AB2005-
360)
Fleetwood reported for the Planning and Development Committee and
moved to adopt the ordinance.
Brenner stated this is an embellished scrub.
Motion carried unanimously.
4. RESOLUTION REMANDING A PROPOSED ORDINANCE AMENDING
WHATCOM COUNTY CODE 20.80.800, LIVESTOCK REGULATIONS, TO
THE WHATCOM COUNTY PLANNING COMMISSION FOR FURTHER
REVIEW (AB2005 -316A)
Caskey- Schreiber moved to approve the resolution.
Motion carried unanimously.
INTRODUCTION ITEMS
Nelson moved to accept the Introduction Items, except item five.
Motion carried unanimously.
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.80.735 TO
IMPOSE A SEASONAL CLEARING ACTIVITY RESTRICTION WITHIN
THE LAKE WHATCOM AND LAKE SAMISH WATER RESOURCE SPECIAL
MANAGEMENT AREAS BETWEEN SEPTEMBER 1 AND APRIL 30
(AB2005 -125B)
2. RESOLUTION TO SELL SURPLUS PROPERTY BY AUCTION, (PARCEL #S
400606 - 305209 -0000, 390527 - 428080 -0000, 390531 - 419037 -0000
AND 390531 - 406027 -0000) REQ. #02 -05 (AB2005 -375A)
3. RESOLUTION TO SELL TAX -TITLE PROPERTY BY NEGOTIATION,
(PARCEL #400316- 431348 -0000) REQ. #2005 -01 (AB2005 -376A)
4. RESOLUTION TO SELL TAX -TITLE PROPERTY BY NEGOTIATION,
(PARCEL #390601 - 165135 -0000) REQ. #2005 -02 (AB2005 -377A)
Whatcom County Council, 9/27/2005, 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.
S. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION,
(PARCEL #400106 - 217174 -0000) REQ. #2005 -03 (AB2005 -378A)
6. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION,
(PARCEL #380208 - 427312 -0000) REQ. #2005 -04 (AB2005 -379A)
7. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION,
(PARCEL #400521 - 541341 -0000) REQ. #2005 -05 (AB2005 -380A)
8. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION
(PARCEL #400522 - 012340 -0000) REQ. #2005 -06 (AB2005 -381A)
9. RESOLUTION TO SURPLUS COUNTY -OWNED PROPERTY FOR
REVERSION TO NORTH WEST INDUSTRIES (NWI), (PARCEL
#380214 - 136121 -0000) REQ. #2005 -07 (AB2005 -382A)
10. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
COMPREHENSIVE PLAN RELATING TO TRANSPORTATION IMPACT FEE
BACKGROUND INFORMATION (AB2005 -084C)
11. ORDINANCE AMENDING THE WHATCOM COUNTY HOME RULE
CHARTER TO CORRECT SCRIVENER'S ERRORS AND CLARIFY THE
EFFECTIVE DATE OF ADOPTED ORDINANCES (AB2005 -365)
OTHER BUSINESS
Brenner stated the Public Works Committee has discussed the ferry system
costs and rate - setting policy (AB2005 -357). They have to make many
improvements to the ferry system.
(Clerk's Note: End of tape one, side A.)
Brenner continued to state they are dealing with changes in the costs. Those
costs will be calculated as changes in ferry rates. She hopes that people on Lummi
Island and anyone who uses the ferry get actively involved. This will be an
important issue. It's important to move forward on this. Come to these meetings
when it is on the committee agenda.
OTHER ITEMS
ADDENDUM:
S. REQUEST AUTHORIZATION TO ENTER INTO A CONTRACT WITH
BRICKLIN NEWMAN DOLD, LLP, FOR LEGAL REPRESENTATION
RELATING TO TWO COUNTY ORDINANCES REGULATING MUSHROOM
SUBSTRATE PRODUCTION (AB2005 -105B)
Whatcom County Council, 9/27/2005, Page 10
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Caskey- Schreiber moved to approve the request.
Motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
There were no reports or other items.
ADJOURN
The meeting adjourned at 7:53 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on October it , 2005.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Laurie Caskey- Schreiber, Council Chair
Whatcom County Council, 9/27/2005, Page 11