HomeMy WebLinkAboutCouncil May 25 19932
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WHATCOM COUNTY COUNCIL
Regular Meeting
May 25, 1993
The meeting was called to order at 7 p.m. in the Council Chambers, 1000 N. Forest St.,
2nd floor, by Marge Laidlaw, Chair.
Also present: Absent:
Barbara Brenner Ken Henderson
Larry Harris
Bob Imhof
Dennis Vander Yacht
Dan Warner
READING AND APPROVAL OF MINUTES
The minutes of the April 13 and 27 meetings were approved as presented after
correction of a scrivener's error pointed out by Brenner.
SPECIAL ITEM
1. REQUEST FOR CONFIRMATION OF APPOINTMENTS OF TWO
DEPARTMENT HEADS FOR THE NEW DEPARTMENTS TO BE
CREATED BY AUTHORITY OF ORDINANCE 93 -003 (AB93 -166)
HARRIS MOVED TO ADJOURN INTO EXECUTIVE SESSION PURSUANT TO
RCW 42.30.110 (g) IN ORDER FOR COUNCIL TO EVALUATE AN APPLICANT FOR
EMPLOYMENT.
The motion carried unanimously and Laidlaw adjourned into Executive Session.
Council returned from Executive Session at 8:00.
Warner asked Nate Brown, currently manager of Buildings and Code, about his methods
for delegating authority to his employees. Brown answered that his philosophy is to delegate
decision - making responsibility to the people actually performing those functions. He feels the
people involved in the process have the authority to make decisions to carry out their
respective functions. People need to be supported in their decisions and feel backed up as long
as they follow accepted policies and regulations. Brown continued that he has found no lack
of suggestions for making things run more efficiently from the employees in his department.
He stated that there is an open clipboard in the division where suggested topics for staff
meetings are listed.
Warner asked the same question of Jeff Monsen regarding involving employees in the
suggestion process. Monsen answered he agrees with what Nate Brown said and added that
the employees should be encouraged and allowed to participate in the process of making
I decisions that will impact their livelihood but must also accept the responsibilities that go along
2 with that. He encourages open discussion. The goal is to discuss and make decisions together
3 so that time is not wasted fighting each other.
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5 Laidlaw asked if either of the proposed department heads see a wasting of money in the
6 County and if so, what can be done to diminish this waste? Brown stated that wasting money
7 has a large implication but that most processes can be improved and made more efficient,
8 thereby saving County resources. Laidlaw stated that the public's perception is that the County
9 does waste money and that she is interested in ways to deal with that perception.
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11 Monsen answered that he does see some waste, especially in the road program. He
12 feels that waste is perceived differently by different people and his role as manager is to try
13 to pull all the information together as it relates to County policy regulation, and at the same
14 time try to get a feel of where the public may be coming from and what they want to see.
15 Brown stated that the people that he has been dealing with are hard working folks and
16 he does not think it's a matter of "attitude correction" because his employees are dedicated
17 professionals.
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19 Warner stated that he feels this should not be a forum for asking questions, but rather
20 a time for the Council to let the proposed department heads know what is expected of them.
21 He continued with an overview of the goals of the Council when the reorganization was
22 formulated and some of the modern management techniques the Council would like to see
23 implemented and continued. He stated that what the Council hopes to see is an attitude
24 change at the manager level; that they won't be perceived as "cops" but as facilitators.
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26 Laidlaw asked each applicant to share with the Council what he would like to
27 accomplish in the job.
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29 Monsen stated that he expects the Council to make him prove his case and show
30 progress, or explain why he's not making progress and have a good reason. He knows that he
31 is going to have to show some movement toward goals and he wants the Council to hold him
32 to this.
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34 Brown said that he knows some of the concerns stated by the Council about
35 management practices and incorporation of decision making policies are shared by the
36 Executive, who is working in the same direction as the Council and that progress is being
37 made.
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39 Brenner stated that in the past, the perception has been that the hierarchy has not been
40 accessible to the people. She asked Brown if he plans to put more authority into the hands
41 of the people on the front desk and if he believes that would increase his accessibility. Brown
42 - said he thinks it's important that the decision making be accessible to the people. He said he
43 will not intervene with the decision making process as long as it is in accordance with the
44 established regulations and policies. He said he will work hard to make sure the decisions are
45 appropriate and that the people that are affected by those decisions are dealing with the
Council Minutes, 5125193, Page 2
decision makers themselves. He said he doesn't believe that if you disagree with a decision
that you simply go one step up and get the decision changed. That's all part of delegating the
responsibility and the authority.
Deputy Administrator Tom Sutberry stated that, if confirmed, the proposed department
heads will operate as if they are heading up their respective departments as they work through
the budget process. The actual effective date of the reorganization ordinance, however, will
be November 1.
WARNER MOVED TO APPROVE THE CONFIRMATION OF NATHAN W.
BROWN TO THE POSITION OF DIRECTOR OF PLANNING AND DEVELOPMENT
SERVICES AND JEFFREY M. MONSEN TO THE POSITION OF DIRECTOR OF
TRANSPORTATION SERVICES.
The motion carried unanimously.
OPEN SESSION
Laidlaw opened the open session.
Hearing no one, Laidlaw closed the open session.
HEARINGS
1. ORDINANCE AMENDING ORDINANCE 92 -077 ASSIGNING THE NON-
EXCLUSIVE FRANCHISE FROM COUNTRY CABLE TV TO
NORTHLAND CABLE PROPERTIES SEVEN LIMITED PARTNERSHIP
(AB93 -150)
Laidlaw opened the public hearing.
Hearing no one, Laidlaw closed the public hearing.
IMHOF MOVED ADOPTION OF THE ORDINANCE.
There was discussion on the motion.
The motion carried.
2. DECISION ON PETITION FOR THE VACATION OF A PORTION OF
GULF ROAD, FILED BY J.M. SHECKTER, CHERRY POINT INDUSTRIAL
PARK LTD., ET AL (AB93 -085)
Warner stated that this item was discussed earlier in Planning and Development
Committee which recommended that a decision not be made on this tonight. As part of the
Council Minutes, 5125193, Page 3
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process, the proponent will be submitting a Master Development Permit. With this application
will be a section discussing the vacation and use of the road and the issue of public access.
Brenner stated that she understood from Dan Taylor that if this vacation goes through,
public access must be provided.
Laidlaw opened the public hearing.
Chuck Garver, 4566 Lake Terrell Rd.: He does not feel that this vacation should be
allowed. The taxpayers of Whatcom County use this road for access to the beach and to one
of the most beautiful views in the county. Cherry Point is the last deep water port in the
Northwest and should remain as unspoiled as possible. This road vacation is not what the
people of Whatcom County want. The Council should not allow this portion of the Gulf Rd.
to be vacated.
Lloyd Austin, 1838 Lakeside: Seconded the comments of Mr. Garver. He would like
to see this land remain as is; once it's gone, it's gone forever.
Norman Townsend, 2023 Cedarwood Ave.: Protested the closure of this portion of Gulf
Road.
Konrad Liegel, 5000 Columbia Center, Seattle, Attorney representing the Cherry Point
Industrial Park: Stated that it is important for all involved to understand the whole issue. He
presented some information via an aerial map (on file, AB93 -085) of the land surrounding the
area of the vacation. He stated that public access will not be affected by this vacation. In a
letter dated May 14, his client addressed some of the public access issues and the reasons for
requesting the vacation. He addressed easements, the piers, relief of all liability on the beach
property, and County provision and maintenance of sanitary facilities. There would no longer
be vehicular access to the beach. The bluff portion of the road would no longer be accessible.
Brenner questioned the necessity of this vacation.
Liegel stated that the vacation would allow the transport of materials from the plant to
the pier, which would entail going back and forth over the road. Otherwise cross over permits
would be required.
Brenner asked about denial of the pier facility at the State level. Liegel responded that
a number of the permits were required from the County and his company was starting the
various processes now. Laidlaw, Brenner, and Liegel discussed the various processes, the
timing of the hearing, and the plans of Liegel's client.
Steve Irving, 6022 Northstar Rd.: He is happy that the Council will not be making a
decision on this issue tonight and he hopes that the Council will not allow the vacation of this
portion of the Gulf .Rd. He pointed out the need for a parking lot for beach users if the road
is vacated.
Council Minutes, 5125193, Page 4
1 Lora Strobel, 5337 Elder Rd.: She stated that people have been allowed to use the
2 beach in this area, even though the beach has been privately owned and the users have been
3 trespassing. She feels that Mr. Sheckter is a responsible developer and the zone is appropriate
4 for his project. He is willing to give the beach access to the public so he should be allowed
5 to have the road for his project.
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7 Warren Yost, 2439 Heather Dr.: Has been a resident for 19 years and user of the beach
8 for 19 years. Closure would deny access to the further points of the beach because the road
9 ends at trail heads leading to these points.
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11 Herman Almojera, 5274 Halen Ave., member and policy coordinator of the Nooksack
12 Tribe: Stated that historically, culturally, and spiritually this land is very special to the Tribe.
13 He used a specially prepared map to illustrate this. Cherry Point Industrial Park is not a good
14 project since it would infringe on the fishing rights of the Indians, as well as desecrate ancient
15 burial grounds. He stated that the Council must remember that this is a tribal sanctuary and
16 respect the Indian culture and must adhere to the treaty rights given to the Indians through the
17 Boldt Decision.
19 Pierre Hamel, Vancouver B.C.: A Canadian was allowed to mess up Vancouver; don't
20 let it happen here.
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22 Janet Adams, 1135 Humboldt St., representing the League of Women Voters: The
23 League is opposed to the vacation at this time.
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25 Mary Wilson, 4516 Pender Dr.: She grew up on the Point and has used the beach in this
26 area for as long as she can remember. The beach should be left open, clean, and free to users.
27 Please don't vacate the road.
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29 Drew Vod, 4570 Gulf: He lives about 50 feet from where the road will be closed and
30 expressed opposition to the road closure. He would, however, like to see some portable potties
31 on the beach, lots of them, no matter which way this decision goes.
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33 Hilda Bajema, 151 W. Hemmi Rd.: She is opposed to this road closure. She read from
34 a letter presented to the Council (on file, AB93 -085). She wants the Council to consider that
35 this is one of the last areas available to the public for access to a beach. She recommended
36 that the Council visit the beach.
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38 Hue Beatty, Bellingham: He stated that this area should not be vacated because it is
39 heavily used by people. He suggested putting litter cans in the area for the public to use.
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41 Bob Larson, 4549 Northwest Rd.: This land is zoned for heavy industry, and the owner
42 should be allowed to use his property. The County should help the project proceed, particularly
43 since the property is zoned commercial.
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45 Thomas Clisby,1580 Main: Between Neptune Beach and the Gulf Road, there are many
Council Minutes, 5125193, Page 5
1 tide lands that are not accessible to the public, even, though they are publicly owned. This part
2 of the beach is accessible. He would hate to see the public denied use of it just because of a
3 couple of hundred feet of commercial pier.
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5 Jeff Thomas, 2608 Superior St.: He read in the paper last night that the County has put
6 a price tag on this land of $120,000. He asked who owned the beach. Liegel clarified that the
7 $120,000 was the cost of the vacation, not the price for the beach, which is privately owned.
8 He suggested that the Council visit March Point and note how heavily used that area is; closing
9 access from Gulf Road would further increase usage of other beaches. Laidlaw encouraged
10 Thomas to attend the Hearing Examiner's hearing.
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12 John Olinger, 6000 Portal Way: Stated that if 14,000 cement blocks is not blocking the
13 way, he doesn't know what they would call it.
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15 Joselle Cullip, 2163 Fremont Dr.: People do not want this area turned into a park like
16 Birch Bay; retain the natural beauty of the area. Asked that the Council not allow this
17 vacation.
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19 Jim Hulford: He would not like to see this beach closed because he rides his motorcycle
20 down there without interference from the police.
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22 Carolyn Anaya, 1976 Washington St.: Stated that she likes to use this beach for its
23 natural beauty and would like to see it kept as it is.
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25 Seeing no one else, Laidlaw closed the public hearing.
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27 WARNER MOVED TO WRITE A NOTE TO THE HEARING EXAMINER
28 EXPRESSING THE PUBLIC INTEREST AND CONCERN WITH BEACH ACCESS AND
29 WITH CLOSURE OF THE GULF ROAD. THE COUNCIL DEFERS FURTHER
30 DISCUSSION OF THE ROAD VACATION UNTIL REVIEW OF THE M.D.P.
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32 There was discussion on the motion.
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34 The motion carried unanimously.
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36 OTHER ITEMS
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38 1. POSSIBLE DECISION ON APPEAL FILED BY MICHAEL DAHL,
39 OPPOSING THE HEARING EXAMINERS DECISION ON FILE NO.
40 CUP92 -012 (AB93 -135)
.51
42 IMHOF MOVED TO UPHOLD THE HEARING EXAMINER'S DECISION WITH
43 THE CLARIFYING CONDITION THAT THE HOURS FOR ASPHALT BATCHING
44 OPERATIONS BE RESTRICTED TO FROM 6 A.M. TO 6 P.M. EXCEPT WHERE
45 AFFECTED BY CONTRACT OR BY AN EMERGENCY CONDITION.
Council Minutes, 5125193, Page 6
The motion carried unanimously.
2. BID AWARD RECOMMENDATION FOR THE INTERIOR SIGNAGE FOR
THE COURTHOUSE ADDITION TO THE LOW BIDDER, SIGNTECH,
FOR $36,253.14 (AB93 -185)
Imhof reported for Finance and recommended approval.
HE SO MOVED.
There was discussion on the motion.
The motion carried 5 -1, with Brenner opposed.
3. BID AWARD RECOMMENDATION FOR THE SUPPLY OF ASPHALTIC
EMULSIONS TO THE ONLY RESPONSIVE BIDDER, KOCH MATERIALS,
LTD., THROUGH TRIMAC TRUCKING FOR AN ANNUAL ESTIMATED
AMOUNT OF $400,000 (AB93 -186)
Imhof reported for Finance and recommended approval.
HE SO MOVED.
The motion carried unanimously.
4. BID AWARD RECOMMENDATION FOR JAIL COMMISSARY SUPPLIES
TO THE LOWER RESPONSIVE BIDDER, B &P VENDING, INC., IN THE
TOTAL ESTIMATED AMOUNT OF $76,929.44 FOR THE YEAR (AB93 -187)
Imhof reported for Finance and recommended approval.
HE SO MOVED.
There was discussion on the motion.
The motion carried 5 -1, with Laidlaw opposed.
5. REQUEST FOR APPROVAL TO PURCHASE TRAFFIC LINE PAINT FOR
AN ESTIMATED TOTAL OF $141,736, AND GLASS BEADS FOR AN
ESTIMATED TOTAL OF $38,000, THROUGH THE OFFICE OF STATE
PROCUREMENT CONTRACTS (AB93 -188)
Imhof reported for Finance and recommended approval.
HE SO MOVED.
Council Minutes, 5125193, Page 7
The motion carried unanimously.
6. BID AWARD RECOMMENDATION TO PURCHASE HEPATITIS B
VACCINE THROUGH A STATE CONTRACT FOR AN ESTIMATED
ANNUAL EXPENSE OF $71,000 (AB93 -189)
Imhof reported for Finance and recommended approval.
HE SO MOVED.
The motion carried unanimously.
7. BID AWARD RECOMMENDATION FOR TWO TRUCK- MOUNTED
EXCAVATORS TO THE LOW BIDDER, SAHLBERG EQUIPMENT INC.,
FOR A TOTAL OF $277,690.97 INCLUDING SALES TAX (AB93 -190)
Imhof reported for Finance and recommended approval.
HE SO MOVED.
The motion carried unanimously.
8. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT WITH ST. JOSEPH RECOVERY CENTER FOR
SUBSTANCE ABUSE SERVICES (CRISIS INTERVENTION, ALCOHOL
PROTECTIVE CUSTODY AND DETOXIFICATION) FOR $73,444.20(AB93-
191)
Imhof reported for Finance and recommended approval.
HE SO MOVED.
The motion carried unanimously.
9. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT WITH SVERDRUP CORPORATION OF
KIRKLAND, WASHINGTON, FOR LOAD RATING OF PUBLIC BRIDGES
FOR UP TO $27,000 (AB93 -192)
Imhof reported for Finance and recommended approval.
HE SO MOVED.
There was discussion on the motion.
Council Minutes, 5125193, Page 8
The motion carried unanimously.
10. RESOLUTION DIRECTING PROCEEDS FROM SALE OF COUNTY -
OWNED PROPERTY (AB93 -193)
Imhof reported for Finance and recommended approval.
HE SO MOVED.
The motion carried unanimously.
11. RESOLUTION ESTABLISHING POLICIES AND PROCEDURES ON
REPORTING IMPROPER GOVERNMENT ACTION AND PROTECTING
EMPLOYEES AGAINST RETALIATION IN ACCORDANCE WITH THE
LOCAL GOVERNMENT EMPLOYEE WHISTLEBLOWER ACT (AB93 -148)
Imhof reported that Finance brought this item forward without a recommendation from
the Committee.
There was discussion on this item. Dan Gibson, Senior Deputy Prosecutor, handed out
some new, information as requested by the Council, amending the resolution by adding the
following paragraph to the end of the Procedures for Reporting Section:
Nothing in these policies and procedures shall be construed to interfere with an
employee's right to communicate with his or her union representative concerning improper
governmental action, or with Whatcom County elected officials, including county
Councilpersons, concerning the same. Such elected officials, upon receiving such information,
shall facilitate the employee's reporting to the appropriate designated person(s) per this policy.
The employee's communication with union representatives or elected officials does not
discharge the employee's duty to follow the procedures set forth herein in order to avail
himself or herself of the protections of this policy.
LAIDLAW MOVED APPROVAL OF THE AMENDED RESOLUTION.
The motion carried unanimously.
12. ORDINANCE AMENDING THE 1993 BUDGET (AMENDMENT NO. 8 -
COMBINED TREATMENT SERVICES) (AB93 -172)
Imhof reported for Finance and recommended approval.
HE SO MOVED.
There was discussion on the motion.
Council Minutes, 5125193, Page 9
The motion carried unanimously.
13. ORDINANCE - REORGANIZATION OF WHATCOM COUNTY
GOVERNMENT THROUGH REPEAL AND AMENDMENT OF CERTAIN
SECTIONS OF THE WHATCOM COUNTY CODE AND CREATION OF A
NEW ADMINISTRATIVE SERVICES DEPARTMENT (AB93 -173)
This item was held in Finance and Personnel Committee.
14. DISCUSSION ON HIRING A PERSON WHILE LAUREL BALDWIN IS ON
FAMILY LEAVE (AB93 -179)
Imhof reported for Finance and recommended approval of the fund transfer to cover
Laurel Baldwin's family leave.
HE SO MOVED.
There was discussion on the motion.
The motion carried unanimously.
15. RESOLUTION STATING THE WHATCOM COUNTY COUNCIL'S INTENT
TO SEEK REVIEW OF ALL ANNEXATION REQUESTS (AB93 -181)
Warner reported for Planning and Development and recommended approval of the
Substitute Resolution (marked "From P &D Committee 5/25).
HE SO MOVED.
There was discussion on the motion.
The motion carried unanimously.
16. RESOLUTION ADOPTING RECOMMENDATIONS FOR 1993 A -F OPEN
SPACE APPLICATIONS (AB93 -182)
Warner reported for Planning and Development and recommended approval.
HE SO MOVED.
The motion carried unanimously.
Warner reported that the Committee also reviewed the schedule of matters to come
before the Committee and the Council on rezones and made some decisions on how those
would come before the Council.
Council Minutes, 5125193, Page 10
17. RESOLUTION AMENDING RESOLUTION NO. 90 -55 REGARDING
SEWER CONNECTIONS FOR BELLAIRE ESTATES RESIDENTIAL (AB93-
194)
Imhof stated that this had been sent back to Planning for some language changes. The
changes are on page 211, "The division will be constructed in compliance with the City of
Ferndale and Whatcom County standards whichever, is more stringent."
IMHOF MOVED APPROVAL OF THE RESOLUTION.
Brad Bennett, Public Works Administration, gave the history of the resolution and this
amendment.
The motion carried 5 -1, with Brenner opposed.
INTRODUCTION
1. RECEIPT OF COORDINATED WATER SYSTEM PLAN (AB93 -177)
(HEARING TO BE SCHEDULED)
2. RECEIPT OF APPLICATION FOR CLASSIFICATION OF LAND AS OPEN
SPACE /FARM & AG CONSERVANCY, FILED BY VIRGINIA OWENS
(AB93 -178)
3. ORDINANCE AMENDING THE TEXT OF ...TITLE 20, CHAPTER 72,
POINT ROBERTS SPECIAL DISTRICT, TO EXTEND THE PROHIBITION
ON TREE CUTTING AND TO SET BURNING AND VEGETATIVE
CLEARING LIMITATIONS IN AND AROUND THE GREAT BLUE
HERON ROOKERY AND ASSOCIATED BUFFER AREAS (AB93 -183)
4. ORDINANCE AMENDING CONDITION P -5 OF THE MAJOR
DEVELOPMENT PERMIT FOR BEACHWOOD PARK (MDP 1 -75) TO
INCREASE THE PERMISSIBLE SIZE OF STORAGE SHEDS FROM 72
SQUARE FEET TO 100 SQUARE FEET AND TO ALLOW CERTAIN
OTHER STRUCTURES (AB92 -432A)
5. ORDINANCE AMENDING ORDINANCE 84 -14 ESTABLISHING A
REVOLVING CHECKING ACCOUNT FOR THE INDUSTRIAL
INSURANCE FUND (AB93 -195)
6. ORDINANCE REVISING CHAPTER 5.20 OF THE WHATCOM COUNTY
CODE REGARDING FIREWORKS PERMIT (AB93 -197)
7. ORDINANCE AMENDING ORDINANCE 84 -14 ESTABLISHING A
REVOLVING CHECKING ACCOUNT FOR THE INDUSTRIAL
Council Minutes, 5125193, Page 11
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INSURANCE FUND (AB93 -195)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Joint meeting between Lummi Business Council and County Council (AB93 -134) Imhof
reported that a meeting has been set up with the Lummi Business Council and the Council on
Wednesday, June 23, 7 p.m. in the Tribal Offices on Kwaina Road. The subject is the Lummi
Shore Road and slide activities in the area.
Municipal Solid Waste Compost (AB93 -028) Laidlaw asked for direction from the
Council on the RECOMP issue. She asked about the contract with RECOMP and the County.
The item was discussed but no decisions were made.
Deer Creek Road (AB93 -198) Brenner wants to schedule the Deer Creek Rd. issue with
Public Services and Solid Waste Committee.
The meeting was adjourned at 10:00 p.m.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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25 � Dana _-r6wn --�Assi�an erk Marge Lai0aw, Chair
Council Minutes, 5125193, Page 12