HomeMy WebLinkAboutCouncil June 9 20151 WHATCOM COUNTY COUNCIL
2 Regular County Council Meeting
3
4 June 9, 2015
5
6 CALL TO ORDER
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8 Council Chair Carl Weimer called the meeting to order at 7:00 p.m. in the Council
9 Chambers, 311 Grand Avenue, Bellingham, Washington.
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11
12 ROLL CALL
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14 Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Pete Kremen,
15 Rud Browne and Barry Buchanan.
16 Absent: None.
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19 FLAG SALUTE
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22 ANNOUNCEMENTS
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25 PUBLIC HEARINGS
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27 1. REQUEST FOR A MAJOR ADJUSTMENT, A MAJOR AMENDMENT, AND A ONE -
28 YEAR EXTENSION FOR FINAL APPROVAL OF THE LINCOLN ROAD LONG
29 SUBDIVISION (AB2015 -172)
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31 Weimer opened the public hearing, and the following person spoke:
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33 Shawn Alexander stated he would like a buffer or fence between this property and
34 the adjacent forestry property.
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36 Hearing no one else, Weimer closed the public hearing.
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38 Mann moved to approve the request. The motion was seconded.
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40 The motion carried by the following vote:
41 Ayes: Brenner, Mann, Sidhu, Buchanan, Browne, Weimer and Kremen (7)
42 Nays: None (0)
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44
45 OPEN SESSION
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47 The following people spoke:
48 • Cynthia Sue Ripke - Kutsagowitz submitted handouts (on file) and spoke about
49 medical services in the proposed new jail.
50 • Bob Seaman spoke about his neighbor, Beacon Battery, and County code
51 enforcement issues.
Regular County Council Meeting, 6/9/2015, Page 1
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•
Marian Beddill submitted handouts (on file) and spoke about a public
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discussion on Thursday, June 11 regarding available water resources in
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Whatcom county.
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•
Yoshi Revelle spoke about fear as the root cause of local, national, and
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international problems and solutions to fear.
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•
Dick Bosch submitted handouts (on file) and spoke about complaints
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regarding the conditional use permit for his botanical garden and tourist
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attraction and resulting Hearing Examiner restrictions.
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•
Carole Sleznick submitted a handout (on file) and spoke about the proposed
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new jail.
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Arlene Feld, Crisis Triage Program Clinician, spoke about financing mental
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health solutions and the proposed new jail.
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Cassandra Childs, Brigid Collins Public Policy Education Committee Volunteer,
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spoke about considering the negative effects on a child of having a parent in
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jail when designing the proposed new jail and its programs.
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Lisa McShane submitted handouts (on file) and spoke about the high cost of
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the proposed new jail.
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Amy Kahn spoke about the proposed new jail resolutions AB2015 -047G and
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AB2015 -047H.
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Barbara Sternberger spoke about the proposed new jail.
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Rebecca Johnson spoke about funding the proposed new jail.
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Dan McShane spoke about engaging the community regarding the proposed
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new jail.
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Kiersten Barren spoke about access to criminal justice.
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Mary Holcomb spoke about the proposed new jail.
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Breean Beggs spoke about the proposed new jail.
27
Patrick Alesse submitted handouts (on file) and spoke about alternatives to
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incarceration and the proposed new jail.
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Chris Phillips spoke about increasing diversion and treatment programs.
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Greg Brown spoke about the proposed new jail.
31
Irene Morgan, Restorative Community Coalition, submitted a handout (on file)
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and spoke about the proposed new jail.
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0
Joy Gilfilan, Restorative Community Coalition. submitted handouts (nn file)
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and spoke about alternatives to incarceration and the resolution regarding the
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sales tax initiative (AB2014- 047H).
36
•
Paul Harris spoke about the condition of the current jail and the proposed new
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jail.
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•
Ray Baribeau spoke about the services and programs in the proposed new jail
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and funding a new jail.
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•
Bob Frisk spoke about the working conditions for the jail employees in the
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current jail and the proposed new jail.
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•
Kris Halterman spoke about the proposed new jail.
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•
Theresa Erickson spoke about the proposed new jail resolutions.
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•
Doralee Booth spoke about the proposed new jail and alternatives to
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incarceration.
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48
CONSENT AGENDA
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50
Browne reported for the Finance and Administrative Services Committee and
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moved to approve Consent Agenda items one through five.
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53
Brenner
withdrew item five.
Regular County Council Meeting, 6/9/2015, Page 2
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2 Browne withdrew item one.
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4 The motion to approve Consent Agenda items two through four carried by the
5 following vote:
6 Ayes: Brenner, Mann, Sidhu, Buchanan, Browne, Weimer and Kremen (7)
7 Nays: None (0)
8
9 1. RESOLUTION IN SUPPORT OF THE NATIONAL STEPPING UP INITIATIVE
10 DESIGNED TO REDUCE THE NUMBER OF PEOPLE WITH MENTAL ILLNESS IN
11 JAIL (AB2015 -047L)
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13 Browne reported for the Finance and Administrative Services Committee, read the
14 resolution title into the record, and moved to approve the resolution.
15
16 The motion carried by the following vote:
17 Ayes: Brenner, Mann, Sidhu, Buchanan, Browne, Weimer and Kremen (7)
18 Nays: None (0)
19
20 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
21 CONTRACT BETWEEN WHATCOM COUNTY AND WEST PUBLISHING FOR
22 ONLINE ACCESS TO LEGAL RESEARCH DATABASES AND PRINT SERVICE
23 SUBSCRIPTIONS, IN THE AMOUNT OF $78,738 OVER A THREE -YEAR TERM
24 (AB2015 -183)
25
26 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
27 CONTRACT BETWEEN WHATCOM COUNTY AND CATHOLIC COMMUNITY
28 SERVICES TO PROVIDE RESIDENT SUPPORT SERVICES, IN THE AMOUNT OF
29 $231,383 (AB2015 -184)
30
31 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #15 -43
32 AND ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE LOW
33 BIDDER, HERRON VALLEY, INC. (DBA BAYSIDE SERVICES) FOR STREET
34 SWEEPING AND CLEANING SERVICES IN THE LAKE WHATCOM AND LAKE
35 SAMISH WATERSHEDS, IN THE AMOUNT OF $75,000 (AB2015 -185)
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37 5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #15 -44
38 ACCEPTING ALL BIDS FOR THE ANNUAL SUPPLY OF ROCK, GRAVEL, AND
39 SOIL FOR USE AS NEEDED FOR VARIOUS COUNTY MAINTENANCE PROJECTS,
40 AND SELECT THE APPROPRIATE VENDOR AS DICTATED BY THE SPECIAL
41 CIRCUMSTANCES OF EACH PARTICULAR JOB, IN AN AMOUNT TO EXCEED
42 $50,000 (AB2015 -186)
43
44 Browne reported for the Finance and Administrative Services Committee and
45 moved to approve the request.
46
47 Brenner stated she's not comfortable with allowing unlimited spending authority
48 without coming to the Council for approval. If something is urgent, it can be done as an
49 emergency, or the Council can be asked to have a special meeting. She's not comfortable
50 giving away more Council authority.
51
52 Jon Hutchings, Public Works Department Director, stated the County has spent an
53 average of $250,000 per year to cover about 251 purchase orders. Obtaining these
Regular County Council Meeting, 6/9/2015, Page 3
1 resources via a previously- approved contract, gives them the flexibility to complete road
2 work. The purchase of these items doesn't constitute an emergency measure. There are
3 instances in which they will exceed the $50,000 limit, so they use the bid process to identify
4 vendors they can draw from and bring that to the Council at the beginning of the year.
5
6 Brenner asked what's happened in the past. They didn't have this ability. Hutchings
7 stated the staff has had this ability in the past. They come back every year and recognize
8 they will certainly spend more than $50,000 on aggregate for the maintenance program.
9 The authority is renewed every year.
10
11 Brenner asked if this only covers this expenses during summer. Hutchings stated it
12 does.
13
14 The motion carried by the following vote:
15 Ayes: Brenner, Mann, Sidhu, Buchanan, Browne, Weimer and Kremen (7)
16 Nays: None (0)
17
18
19 OTHER ITEMS
20
21 1. ORDINANCE AUTHORIZING AN INTERFUND LOAN TO CONTINUE FINANCING
22 OF THE CENTRAL PLAZA BUILDING (AB2015 -173)
23
24 Browne reported for the Finance and Administrative Services Committee and
25 moved to adopt the ordinance.
26
27 The motion carried by the following vote:
28 Ayes: Brenner, Mann, Sidhu, Buchanan, Browne, Weimer and Kremen (7)
29 Nays: None (0)
30
31 2. ORDINANCE AUTHORIZING AN INTERFUND LOAN TO CONTINUE FINANCING
32 THE ASSESSOR TREASURER SYSTEM (AB2015 -174)
33
34 Browne reported for the Finance and Administrative Services Committee and
35 moved to adopt the ordinance.
36
37 The motion carried by the following vote:
38 Ayes: Brenner, Mann, Sidhu, Buchanan, Browne, Weimer and Kremen (7)
39 Nays: None (0)
40
41 3. LOCAL SOLICITATION FOR COUNCIL REVIEW AND PUBLIC COMMENT ON
42 THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
43 PROGRAM FY2015 (AB2015 -182)
44
45 Browne reported for the Finance and Administrative Services Committee and
46 moved to approve the grant agreement.
47
48 Brenner asked if this money could be used for diversion services by the County or a
49 nonprofit.
50
51 Bill Elfo, County Sheriff, stated it is eligible for those services. They requested the
52 purchase of ballistic vests in accordance with the Council's direction at the budget
Regular County Council Meeting, 6/9/2015, Page 4
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preparation workshop. They are obligated to provide the vests, and those are eligible to be
paid for under this grant.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Buchanan, Browne, Weimer and Kremen (7)
Nays: None (0)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
COOPERATION AGREEMENT BETWEEN WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT AND US ARMY CORPS OF ENGINEERS FOR BERTRAND CREEK
LEFT BANK REPAIR, IN THE AMOUNT OF $377,200 WITH THE LOCAL COST
SHARE IN THE AMOUNT OF $75,488 (AB2015 -178)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Buchanan, Browne, Weimer and Kremen (7)
Nays: None (0)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
COOPERATION AGREEMENT BETWEEN WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT AND US ARMY CORPS OF ENGINEERS FOR BERTRAND CREEK
RIGHT BANK REPAIR, IN THE AMOUNT OF $89,700 WITH THE LOCAL COST
SHARE IN THE AMOUNT OF $17,940 (AB2015 -179)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Buchanan, Browne, Weimer and Kremen (7)
Nays: None (0)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER IN TO A
CONTRACT BETWEEN WHATCOM COUNTY AND WATERSHED SCIENCE &
ENGINEERING TO PROVIDE FINAL DESIGNS, DEVELOP BID -READY PLANS
AND SPECIFICATIONS, ASSIST IN BID PREPARATION, AND PROVIDE
CONSTRUCTION SUPPORT FOR HIGH CREEK SEDIMENT MANAGEMENT PLAN,
IN THE AMOUNT NOT TO EXCEED $149,000 (AB2015 -180)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the request.
Regular County Council Meeting, 6/9/2015, Page 5
1 The motion carried by the following vote:
2 Ayes: Brenner, Mann, Sidhu, Buchanan, Browne, Weimer and Kremen (7)
3 Nays: None (0)
4
5 7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER IN TO A
6 CONTRACT BETWEEN WHATCOM COUNTY AND GEOENGINEERS, INC. FOR
7 DESIGN ASSISTANCE FOR THE BIRCH POINT COLLABORATIVE DRAINAGE
8 SYSTEM REPAIR PROJECT, IN THE AMOUNT OF $63,762 (AB2015 -181)
9
10 (Council acting as the Whatcom County Flood Control Zone District Board of
11 Supervisors.)
12
13 Browne reported for the Finance and Administrative Services Committee and
14 moved to approve the request.
15
16 The motion carried by the following vote:
17 Ayes: Brenner, Mann, Sidhu, Buchanan, Browne, Weimer and Kremen (7)
18 Nays: None (0)
19
20 S. APPROVAL OF A JOINT REQUEST SUBMITTED BY THE WASHINGTON STATE
21 DEPARTMENT OF TRANSPORTATION AND BURLINGTON NORTHERN SANTA
22 FE TO TEMPORARILY CLOSE LOOMIS TRAIL ROAD SOUTH OF BLAINE TO
23 ALLOW FOR ROAD AND RAIL IMPROVEMENTS (AB2015 -190)
24
25 This item was withdrawn from the agenda.
26
27 9. APPROVAL OF THE 2015 WHATCOM COUNTY INTEGRATED VEGETATION
28 MANAGEMENT PLAN AND DISCUSSION OF GENEVA CONSULTING'S REPORT
29 ON NO -SPRAY OR RESTRICTED SPRAY ROADSIDE VEGETATION
30 MANAGEMENT PROGRAMS (AB2015 -187)
31
32 Brenner reported for the Public Works, Health, and Safety Committee and moved
33 to approve the plan.
34
35 Mann stated he supports the motion. He has concerns about glyphosate. The
36 County has reduced the amount of glyphosate by 90 percent since 2002. The County uses
37 only 30 gallons per year. They are waiting for the Environmental Protection Agency (EPA)
38 report on glyphosate, and will revisit the decision.
39
40 The motion carried by the following vote:
41 Ayes: Brenner, Mann, Sidhu, Buchanan, Browne, Weimer and Kremen (7)
42 Nays: None (0)
43
44 10. ORDINANCE ESTABLISHING WHATCOM COUNTY CODE 2.46, CREATING A
45 WHATCOM COUNTY INCARCERATION PREVENTION AND REDUCTION TASK
46 FORCE INTENDED TO PROVIDE RECOMMENDATIONS, OVERSIGHT, AND
47 SPECIFIC TIMEFRAMES ON THE DEVELOPMENT OF NEW, OR ENHANCEMENT
48 OF EXISTING PROGRAMS DESIGNED ALONG A CONTINUUM THAT
49 EFFECTIVELY REDUCES INCARCERATION OF INDIVIDUALS STRUGGLING
50 WITH MENTAL ILLNESS AND CHEMICAL DEPENDENCY AND MINIMIZES JAIL
51 UTILIZATION BY PRETRIAL DEFENDANTS WHO CAN SAFELY BE RELEASED
52 (AB2015 -047K)
53
Regular County Council Meeting, 6/9/2015, Page 6
Brenner moved to adopt the ordinance. The motion was seconded.
Brenner stated the County has done much with diversionary services. The County is
going to make sure those services are operational when the new jail opens. There are also
already services in place. Some programs may be underutilized, but the Council is
committed to using them fully. For example, the County already has a robust program with
school districts regarding at -risk children.
Buchanan stated he supports the ordinance. He fears that moving forward without
a compromise with the City of Bellingham will result in a failed election in November. He
would much rather put forward something that has a better chance of passing in November.
Don't delay a year, but hold for two weeks to see the alternative proposal. If possible, have
a joint hearing and work session with the Bellingham City Council. He moved to hold in
Council for two weeks and allow a compromise to come forward.
Brenner stated she is opposed to holding in Council. They should be done
separately. This ordinance stands on its own. Show the public they are serious about
diversion and alternatives to incarceration by moving forward immediately.
Kremen stated he will not support the motion to hold in Council. The County doesn't
need approval from any City to move forward on this. This needs to happen. This doesn't
have to be tied to the other measures.
Buchanan withdrew his motion to hold in Council. He agrees it is important to
get this started.
Browne stated that once they've approved this, it doesn't become effective until they
approve the budget to go with it. At this point, it's symbolic, and doesn't cause any impact
downstream.
Weimer stated he's in favor of passing this ordinance this evening, appointing the
committee, and starting these discussions. He hasn't heard about the City being concerned
about prevention and diversion programs.
Brenner stated because of that, it's not symbolic. It's legitimate, and will begin the
process right away.
The motion to adopt carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Buchanan, Browne, Weimer and Kremen (7)
Nays: None (0)
11. RESOLUTION APPROVING THE JAIL FACILITY USE INTERLOCAL AGREEMENT
BETWEEN WHATCOM COUNTY AND THE CITIES OF BELLINGHAM, BLAINE,
EVERSON, FERNDALE, LYNDEN, NOOKSACK, AND SUMAS AND INCLUDING A
COMMITMENT TO ENHANCE MENTAL HEALTH AND SUBSTANCE ADDICTION
PROGRAMS TO REDUCE JAIL POPULATION AND RECIDIVISM INCLUDING
THE ESTABLISHMENT OF A CRIMINAL JUSTICE DIVERSION TASK FORCE
(AB2015 -047G)
Brenner asked what happens if the City of Bellingham doesn't approve.
Jack Louws, County Executive, stated neither resolution is binding until all the cities
have signed and the voters of Whatcom County have approved the sales tax measure. If
Regular County Council Meeting, 6/9/2015, Page 7
1 the Bellingham City Council doesn't move forward with this, it becomes void. He suggests
2 that the Council approve the resolutions. Allow the City of Bellingham to review it. He's
3 asked the Cities to be specific about any reasons they may have for not approving the
4 resolution so they can resolve issues. Waiting is counterproductive because they're running
5 out of time. If the proposal is appropriate, then approve it.
6
7 It was mentioned by the public during open session that the Score facility was $55
8 million for 674 beds. That was just the construction cost. The total developed cost was
9 more than $97 million. Whatcom County's construction costs are $70 million for 521 beds.
10 Construction inflation and configuration are going against them.
11
12 Buchanan moved to hold in Council for two weeks to hear the compromised
13 proposal. The motion was seconded.
14
15 Browne asked what the timeframe is in which the Council must vote to put this on
16 the ballot. Louws stated the last meeting in July is the absolute latest it can be approved.
17
18 Browne asked if a Council vote in favor of the resolution regarding the interlocal
19 agreement and a Council vote to put this on the general election ballot are not votes for the
20 actual funding of the jail. The project still has to be presented to the Council as a budget
21 item for approval or otherwise, including the agreement for the final design and the
22 contracts that will be released for those. Louws stated the administration needs to continue
23 to engage with the Council to make those decisions after funding is in place regarding the
24 final design, bid, and contract approval.
25
26 Browne asked if they are voting on agreeing to an interlocal agreement with the
27 other cities and to put this on the ballot for the voters to then decide whether or not to fund
28 the ballot item. Then the Executive will come back to the Council with a request for what
29 the administration specifically wants funded, and the Council will decide whether or not it
30 agrees. Louws stated that if the voters approve, the administration will come to the Council
31 with the final design, bid awards, and construction in early 2017.
32
33 Weimer asked if the aqreement specifies the size of the iail that the voters will vote
34 on. Louws stated it does, for 521 beds in phase 1.
35
36 Weimer stated that if the voters approve, the administration will bring forward a
37 contract for a 521 -bed jail. Louws stated that's correct.
38
39 Brenner asked if a counterproposal from the City has to come to the County Council.
40 Louws stated it does, as well as the other Cities.
41
42 Brenner stated she approves of the design, but has concerns about the cost. She
43 asked if they can do better on the cost if a better bid comes in. Louws stated they will
44 review and refine all the assumptions and construction costs to ensure the costs don't
45 escalate. It's in the bests interest of the County to make sure every dollar is spent wisely.
46 It will cost another couple of million dollars to take the design from 60 percent to 100
47 percent of the design. Based on national construction estimates, they are close enough to
48 make a decision to go to the voters at this level of detail. A lot of work will take place if the
49 voters approve this as they move forward with final design and construction.
50
51 Brenner asked if the ballot measure allows the County to spend less money if
52 possible. Louws stated the Cities are committing to a fixed amount. The County is
Regular County Council Meeting, 6/9/2015, Page 8
1 committed to building a 521 -bed jail. The County is responsible for cost variations. Any
2 savings will be to the County, but he doesn't expect substantial variables.
3
4 Brenner stated she doesn't have a problem with postponing for two weeks.
5
6 Sidhu stated the name of the committee should match in the ordinance. He asked if
7 DLR is the chosen builder or just the designer. Louws stated they will go out for bid for
8 construction. DLR is the design manager and architect. They will select the low bidder for
9 construction.
10
11 Sidhu asked if the County will hire its own project manager for this project. Louws
12 stated it will. There is money in the projected construction cost for that hire. They will get
13 an owner representative contract to make sure the project is done to the County's
14 satisfaction.
15
16 Sidhu stated they don't want DLR to be the project manager, even though they are
17 the engineers and architect. Louws stated he wouldn't do a project of this size without an
18 owner representative.
19
20 Sidhu asked if the size is fixed at 521 beds, or if the size can be up to 521 beds.
21 Louws stated the Cities are saying the County needs to build a jail that has 521 beds. The
22 County has first priority at the facility for its felon population. After that, the County and
23 Cities share priority for its other legally responsible misdemeanants. The Cities want a
24 facility big enough to make sure there will be jail space available for the money they're
25 providing. At this time, the agreement is for a 521 bed jail. If that changes, the agreement
26 with the Cities will have to change. There is little flexibility in the design to change the
27 number of beds they will build for. The flexibility will be in the size of the kitchen, intake
28 area, medical facility, storage space, and similar areas. They won't change the design
29 substantially, but will make sure it's value engineered.
30
31 Browne asked if they have a contractual commitment if they go through with this for
32 a 521 -bed facility, and if there is an opportunity to reduce the cost per bed through
33 intelligent design or other options. They can take advantage of that opportunity until they
34 release the construction bids to the construction companies. Louws stated that is correct.
35
36 Brenner stated she's nervous that DLR, the architect, can design the building so that
37 they can submit the lowest bid. She asked if the County can protect itself by having
38 someone represent the County. Louws stated DLR is an architect, not a construction
39 contractor. The County will go out to bid and select a contractor. The architect,
40 construction company, and County representative will all three be on site during
41 construction. DLR will not do the construction.
42
43 Mann asked how much the County relies on the financial contribution of Ferndale to
44 pay the bond. Louws stated the Ferndale contribution is $264,683 out of a $6.6 million
45 bond payment.
46
47 Mann stated it's more important to get the design and size right rather than let a
48 small financial contributor dictate the size. Louws stated the Cities of Ferndale and Lynden
49 will each contribute about $3.854 million of the capital costs. The City of Bellingham will
50 contribute about $1.25 million per year. He's been working to make this facility useful for
51 the County and the Cities, so they're in it together. Everyone's contribution is important.
52
Regular County Council Meeting, 6/9/2015, Page 9
1 Mann stated Bellingham and Whatcom County are essentially paying for this. He
2 won't let the inconvenience of going back to the smaller cities drive the design. If the
3 County wants to adjust the size of the jail, that's the County's prerogative.
4
5 Sidhu stated it's a great effort that the administration has done to make
6 presentations to each City. If the City of Bellingham proposes something different, they
7 have to go back to the smaller Cities anyway. Small acceptable changes could be allowed.
8
9 Browne asked what they would achieve if they hold this in Council for two weeks,
10 since they still have to get the City of Bellingham's approval. They've indicated they won't
11 consider approval until the County Council approves. If the County Council approves this,
12 the Bellingham City Council still has to approve or bring forward an alternative to the
13 County Council at the next meeting.
14
15 Kremen stated he's heard nothing from the City of Bellingham. Because time is
16 short, it would be prudent for the Council to approve the resolution so it can get a formal
17 position from the City of Bellingham. Keep the process moving forward.
18
19 Sidhu stated he also supports the idea of having a joint meeting with the Bellingham
20 City Council.
21
22 Browne asked if there is a problem with voting on this resolution tonight and waiting
23 to see how the City of Bellingham responds before voting on the second resolution. Louws
24 stated there is not a problem with that. The jail facility use agreement resolution is the
25 most important. He's heard conflicting reports from the City of Bellingham. In April, he
26 presented this jail facility use agreement to all the legislative bodies in the county and
27 asked them to consider the agreement's merits and indicate whether they would approve it.
28 He also asked them to articulate specifically why they would be opposed to the agreement if
29 they did not approve it so a compromise could be crafted. He encourages the County
30 Council to consider whether or not it's in the best interest of Whatcom County to move this
31 forward to the voters. Vote on it tonight, and allow the City of Bellingham to look at it in
32 light of deciding whether or not to approve it. He questions whether they can schedule a
33 Joint meetina in two weeks. If they hold for two weeks. it will he four weeks heforP it is
34 approved. He asks the County Council to take the lead in making the decision.
35
36 Weimer stated Councilmember Buchanan's motion is to hold for two weeks to allow
37 the community coalition to present their proposal. He asked who these community
38 coalitions are.
39
40 Buchanan stated the coalition has just formed, and hasn't had a chance to formally
41 submit their position. The coalition includes very credible organizations in the county. They
42 will know the specifics soon.
43
44 Weimer stated he agrees that the Bellingham City Council won't approve the
45 resolution. Their issue is that they want to pay for it from only one -tenth of one percent
46 sales tax, and then pay for the rest through a property tax. They've also said they don't
47 want to vote on it until the County Council votes on it.
48
49 Mann stated he doesn't believe this current agreement is in the best interest of
50 Whatcom County. He won't support it tonight. It came to the Council in April. The Council
51 hasn't had consultants and staff to research credible alternatives. This is the biggest public
52 works project in the history of Whatcom County. There's no reason to rush into it. He's
53 confident the City of Bellingham won't vote on it either. Wait two weeks. Hear from more
Regular County Council Meeting, 6/9/2015, Page 10
experts on the subject. Develop something that will be approved. The goal is to get
something that the voters will approve, not just the City of Bellingham. Work on getting it
right to increase their chances that the voters will approve it.
Kremen stated keep the process going to keep working with the City of Bellingham.
The City has said they won't deal with the issue until the County Council approves the
interlocal agreement. He supports having a joint meeting with the City of Bellingham.
Moving this forward doesn't preclude that. The City won't take up the issue until the County
Council moves it forward. Approving the resolution is the same as working with the City of
Bellingham.
Browne stated he supports passing this resolution tonight, meeting with the City of
Bellingham to talk through the issues, and then come back and vote on it if there is
something they can't live with. That leaves the final resolution, which is to put this on the
ballot without a vote. The County Council still maintains control over whether this goes to
the voters.
Brenner stated the City Council has made it clear in the past that they won't vote on
anything until the County Council votes on something. She supports having a joint
meeting, someone needs to approve it. This allows them to come back with a
counterproposal and for the people who spoke tonight to suggest other ideas, also.
The motion to hold failed by the following vote:
Ayes: Sidhu, Mann, and Buchanan (3)
Nays: Brenner, Browne, Weimer and Kremen (4)
Weimer stated he has no intention to vote on the next resolution. Send this to the
City of Bellingham, find out their intentions. This will also give the community groups a
chance to talk to the Council in two weeks, before they put it on the ballot. If the City
convinces the County, the County can undo this resolution.
Mann asked the logic of passing this resolution, but not the next resolution.
Weimer stated the County Council would pass the interlocal agreement, because the
City of Bellingham wants to know what the County will officially do with the interlocal
agreement before they vote on the interlocal agreement. If that happens, the Bellingham
City Council will discuss the agreement at its meeting on Monday.
Brenner moved to approve the resolution. The motion was seconded.
Mann stated this motion is to approve the resolution. By voting for this, they are
basically saying they approve of the jail as currently proposed and designed, going forward.
This is as close as they can get to a vote on that issue.
Brenner stated that for her, she is voting to move ahead on the jail, unless the City
can propose something better.
Browne stated (VERBATIM) I, I see this as a vote saying that we are agreeing to
build a 521 -bed facility out in LaBounty, and we believe the cost, their share, their share of
the total cost, the total project cost will not exceed 97 million dollars. That's what I believe
we're agreeing to. Now they may come back and say we don't like that, and then they'll tell
us what we don't like. And then we finally decide whether we, we, we like what they're
Regular County Council Meeting, 6/9/2015, Page 11
1 alternative is or whatever, and then we decide on whether we put that, the next item onto
2 the ballot, and then the voters decide whether they like it.
3
4 Buchanan asked how the County Council would incorporate any compromise
5 proposed by the City of Bellingham. He asked if they would amend the resolution.
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7 Weimer stated it takes all the cities to approve this interlocal agreement. If the City
8 of Bellingham doesn't approve the interlocal agreement, this resolution is void. Louws
9 stated that is correct.
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11 Weimer stated he is voting for this resolution to send it to the City of Bellingham to
12 find out their position. He's also voting for it to hear from this community group and
13 whether they have any good ideas. This is a resolution. The County Council can change it
14 in two weeks if they want.
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16 Browne stated he agrees with Councilmember Weimer.
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18 Kremen stated he also agrees with Councilmember Weimer. They are also ratifying
19 a funding formula, which apparently has some opposition across the street. Unless they
20 pass the final of the three measures tonight, they are not saying they approve the final
21 product. They aren't going to provide an opportunity for the voters to make a decision on
22 this just yet. Until they do that, they aren't committing themselves to anything. They are
23 committing to continue the process.
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25 Mann stated he won't vote for it. He doesn't want to send the message to the City of
26 Bellingham that he likes the plan.
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28 The motion to approve carried by the following vote:
29 Ayes: Brenner, Sidhu, Buchanan, Browne, Weimer and Kremen (6)
30 Nays: Mann (0)
31
32 12. RESOLUTION PROVIDING FOR SUBMISSION TO THE QUALIFIED VOTERS OF
33 THE COUNTY A PROPOSITION AUTHORIZING A LOCAL SALES AND USE TAX
34 OF TWO- TENTHS OF ONE PERCENT FOR THE PURPOSE OF PROVIDING
35 FUNDS FOR COSTS ASSOCIATED WITH FINANCING, DESIGNING,
36 ACQUIRING, CONSTRUCTING, EQUIPPING, OPERATING, MAINTAINING,
37 REMODELING, REPAIRING, RE- EQUIPPING, AND IMPROVEMENT OF ]AIL
38 FACILITIES AND OTHER PUBLIC SAFETY PURPOSES (AB2015 -047H)
39
40 Buchanan moved to hold in Council for two weeks. See what happens with the
41 previous resolution and the Bellingham City Council and to see what the coalition presents.
42 The motion was seconded.
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44 Mann asked if the Council is allowed to change the ballot language, or if it's dictated
45 by the Revised Code of Washington (RCW). He asked if the first sentence is required.
46
47 Jack Louws, County Executive, stated they will have to check with the Prosecuting
48 Attorney's Office. He invites the councilmembers to provide him with comments on the
49 resolution submitting the ballot measure to the voters. So far, he has not heard about any
50 suggested substantive changes. He will have the Prosecuting Attorney and bond consultant
51 review any suggestions for changes to make sure they meet the need of the County.
52
Regular County Council Meeting, 6/9/2015, Page 12
Kremen stated that if they're sincere about working cooperatively with the City of
Bellingham, hold this so they can work with the City to move this to the voters.
The motion to hold for two weeks carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Buchanan, Browne, Weimer and Kremen (7)
Nays: None (0)
Buchanan stated several Bellingham City Council Members are interested in having
a joint meeting. He moved to start the process to set up a joint meeting with the
Bellingham City Council as soon as possible. The motion was seconded.
Weimer stated he doubts it will happen before Monday. The City Council will vote on
the interlocal agreement on Monday.
Kremen stated wait for an official position or response from the City of Bellingham.
The County Council can express a desire to work with the City of Bellingham. Don't
presume that the Bellingham City Council will turn down the agreement. Every other City
has approved it. If the Bellingham City Council does not approve the interlocal agreement,
enter into discussions with the City to resolve whatever differences might exist at that time.
They don't know for sure if there will be any differences.
Buchanan stated he agrees, but they need to start talking to the City. It's difficult to
set up a joint meeting. They must work on it as soon as they can. He would accept as a
friendly amendment the suggestion to wait until after Monday to hold any joint meeting,
but he would like to start that conversation.
Kremen stated the motion should indicate that the County Council will initiate an
effort to set up a meeting with the City of Bellingham in the event that the Bellingham City
Council does not approve the interlocal agreement.
Browne stated that the County Council will be available to meet with the City Council
on this issue if it wants.
Sidhu stated that the County Council will initiate an effort to have a joint meeting,
pending the decision by the Bellingham City Council on this issue. That way, the County
Council gives the City leeway to make its decision, but the County Council will start a
discussion about a joint meeting at the same time. Don't stop whatever decision the City
will make, but start talking about scheduling a meeting, because scheduling such a meeting
is an issue. Whatever the City's decision is, the County Council still wants to talk.
Buchanan stated it's important to reach out to the City early. He restated the
motion to initiate a conversation about a joint meeting with the Bellingham City Council. A
joint meeting doesn't depend on the City's rejection of the interlocal agreement. They need
to have a conversation anyway. The motion was seconded.
Weimer stated he's against the motion. The City has made it clear to him that they
want a sales tax and property tax mix. If the City Council doesn't approve the agreement,
the Mayor and County Executive are the best parties to figure out how to make it work and
bring forward a proposal, versus 14 people trying to figure that out. It's an administrative
discussion for the Mayor and Executive, not the councils.
Browne asked if the City of Bellingham has, the opportunity to do their funding
portion for the jail through a property tax within the Bellingham city limits.
Regular County Council Meeting, 6/9/2015, Page 13
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Louws stated the City could do that. If the County asks for a .2% sales tax increase
and the City asks for a property tax increase, and the property tax request fails, there is a
problem. A double affirmative vote is required to make the project happen. If the City
doesn't want to use the sales tax to pay for it, the City must obligate about $1.25 million
per year to the County to provide about 100 jail beds for the City. It would be extremely
complicated to fund through a property tax.
If Bellingham does not approve this agreement and asks for a property tax and sales
tax combination, the County Council will have to decide whether or not to allow that. He
doesn't believe it is feasible countywide to ask the voters for both. The property tax would
work, but it only provides money for capital expenses. The financial model includes sales
tax revenue for the increased costs of operating the new jail. It's complicated. The other
elected officials in Whatcom County and six mayors all decided the sales tax was the best
option. It does present a challenge for the City of Bellingham. They would rather request a
property tax, use .1% of sales tax, and reserve the other .1% for as -yet undefined law
enforcement programs.
Browne asked if the County has the option to allow the City the sales tax option now
and give them the ability to recover the sales tax capacity by replacing it with their own
property tax initiative. Louws stated that if they are able to convince the Bellingham voters
to approve a levy lid lift, and if it's legal, the City could do that. He doesn't know if it's
likely. The City will receive its legally allocated 40 percent of the two - tenths of one percent
sales tax. The jail facility use agreement says that the City of Bellingham will pay the
County $1.25 million per year for the capital costs of the jail. It's immaterial where that
$1.25 million comes from. The County needs the commitment from the City to provide the
$1.25 million, so the County can make the bond payment. The bonding company requires a
paper trail from the Department of Revenue, to the City, and to the County. If the City
comes up with additional money somewhere else, it doesn't make any difference to
Whatcom County.
Browne stated that the City has the property tax option to help fund their own share
of the cost.
Weimer stated he believes the City wants it to be a countywide property tax, not just
a property tax for the Bellingham city residents.
Brenner stated she agrees that the Council doesn't figure out how to divvy up the
property tax and sales tax. That should be done by the Executive and Mayor and their
administrations.
Sidhu stated they don't have to have a meeting with the City, but if they postpone
any discussion about having a meeting, they will lose time. Now, they are passing a motion
to start talking with the City about having a joint meeting if necessary. They don't have to
have the meeting if there's no need for it.
The motion to schedule a meeting with the Bellingham City Council carried by the
following vote:
Ayes: Brenner, Mann, Sidhu, Buchanan, Browne, and Kremen (6)
Nays: Weimer (1)
Weimer asked if they want to have a Committee of the Whole meeting in two weeks
with the community groups to hear their proposal.
Regular County Council Meeting, 6/9/2015, Page 14
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2 The Council concurred.
3
4 Weimer stated the resolution approving the interlocal agreements references the
5 criminal justice diversion task force, but the Council named the task force differently.
6 Louws stated he will check into it.
7
8
9 COUNCIL APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
10,
11 1. NOMINATION AND APPOINTMENT TO FILL A VACANCY ON THE LUMMI
12 ISLAND FERRY ADVISORY COMMITTEE - APPLICANTS: CHARLES R. BAILEY,
13 ALAN SHAW, KIM GARDENER, RHAYMA BLAKE (AB2015 -044B)
14
15 Browne moved to nominate all applicants. He stated that Nancy Ging and Rhayma
16 Blake both received outstanding public support for their applications. The motion was
17 seconded.
18
19 Weimer voted for Nancy Ging.
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21 Browne voted for Rhayma Blake.
22
23 Mann voted for Charles Bailey.
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25 Sidhu voted for Nancy Ging.
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27 Brenner voted for Rhayma Blake.
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29 Kremen voted for Rhayma Blake.
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31 Barry Buchanan voted for Nancy Ging.
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33 Weimer stated there is a tie between Nancy Ging and Rhayma Blake. They would
34 revote.
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36 Weimer voted for Nancy Ging.
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38 Browne voted for Nancy Ging.
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40 Mann voted for Nancy Ging.
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42 Sidhu voted for Nancy Ging.
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44 Brenner voted for Rhayma Blake.
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46 Kremen voted for Nancy Ging.
47
48 Buchanan voted for Nancy Ging.
49
50 The Council appointed Nancy Ging.
51
Regular County Council Meeting, 6/9/2015, Page 15
1 2. NOMINATION AND APPOINTMENT TO FILL A VACANCY ON THE PLANNING
2 COMMISSION, DISTRICT 3 - APPLICANTS: MICHAEL BERSCH, KELVIN
3 BARTON (AB2015 -168)
4
5 Weimer stated Michael Bersch withdrew his application from consideration.
6
7 Browne moved to nominate and appoint Kelvin Barton. The motion was seconded.
8
9 The motion carried by the following vote:
10 Ayes: Brenner, Mann, Sidhu, Buchanan, Browne, Weimer and Kremen (7)
11 Nays: None (0)
12
13
14 INTRODUCTION ITEMS
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16 Buchanan reported for the Natural Resources Committee and withdrew item one. It
17 was held in committee.
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19 Brenner stated there is a substitute version of item four.
20
21 Brenner moved to accept Introduction Items two through four. The motion was
22 seconded.
23
24 The motion carried by the following vote:
25 Ayes: Brenner, Mann, Sidhu, Buchanan, Browne, Weimer and Kremen (7)
26 Nays: None (0)
27
28 1. ORDINANCE ESTABLISHING WHATCOM COUNTY CODE 2.118, CREATING A
29 WILDLIFE ADVISORY COMMITTEE (AB2015 -175)
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31 2. ORDINANCE AMENDING THE 2015 WHATCOM COUNTY BUDGET, SEVENTH
32 REQUEST, IN THE AMOUNT OF $213,400 (AB2015 -188)
33
34 3. RESOLUTION AMENDING THE 2015 WHATCOM COUNTY FLOOD CONTROL
35 ZONE DISTRICT BUDGET, THIRD REQUEST, IN THE AMOUNT OF $25,000
36 (AB2015 -189)
37
38 (Council acting as the Whatcom County Flood Control Zone District Board of
39 Supervisors.)
40
41 4. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 5.20,
42 FIREWORKS, TO ADD A SECTION TITLED PERIOD OF USE (AB2015 -191)
43
44
45 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
46
47 Mann reported for the Planning and Development Committee on the Whatcom
48 County Parks and Recreation Director Mike McFarlane (to provide an) update on
49 reconveyance land recreational opportunities, trail planning, expenses, and other
50 issues (AB2015 -176). Also, an issue was brought up in committee about recreation
51 resource management areas, which are Comprehensive Map overlays. The committee will
52 have a discussion on this issue.
53
Regular County Council Meeting, 6/9/2015, Page 16
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ADJOURN
The meeting adjourned at 9:54 p.m.
The County Council approved these minutes on October 27, 2015.
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Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Regular County Council Meeting, 6/9/2015, Page 17