HomeMy WebLinkAboutCounty Council February 27 20181 WHATCOM COUNTY COUNCIL
2 Regular County Council Meeting
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4 February 27, 2018
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6 CALL TO ORDER
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8 Council Chair Rud Browne called the meeting to order at 6:00 p.m. in the Council
9 Chambers, 311 Grand Avenue, Bellingham, Washington.
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12 ROLL CALL
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15 Present: Tim Ballew, Barbara Brenner, Rud Browne, Barry Buchanan, Tyler
16 Byrd, Todd Donovan, and Satpal Sidhu.
17 Absent: None.
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20 FLAG SALUTE
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23 ANNOUNCEMENTS
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26 MINUTES CONSENT
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28 Brenner moved to approve Minutes Consent items one through ten, including the
29 substitute page for item nine.
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31 Browne withdrew item one.
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33 The motion was seconded.
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35 The motion to approve Minutes Consent items one through nine carried by the
36 following vote:
37 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
38 Nays: None (0)
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40 1. SPECIAL COMMITTEE OF THE WHOLE FOR NOVEMBER 14, 2017
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42 Byrd moved to approve the minutes.
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44 The motion was seconded.
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46 The motion to approve the Minutes Consent item:
47 Ayes: Ballew, Brenner, Buchanan, Byrd, Donovan, and Sidhu (6)
48 Nays: None (0)
49 Abstains: Browne (1)
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51 2. SPECIAL COMMITTEE OF THE WHOLE FOR NOVEMBER 21, 2017
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53 3. COUNTY COUNCIL FOR NOVEMBER 21, 2017
Regular County Council Meeting, 2/27/2018, Page 1
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2 4. SPECIAL COMMITTEE OF THE WHOLE FOR DECEMBER 5, 2017
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4 S. COUNTY COUNCIL FOR DECEMBER 5, 2017
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6 6. SPECIAL COUNTY COUNCIL FOR JANUARY 4, 2018
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8 7. SPECIAL COUNTY COUNCIL FOR JANUARY 9, 2018
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10 S. SPECIAL COMMITTEE OF THE WHOLE FOR JANUARY 16, 2018
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12 9. COUNTY COUNCIL FOR JANUARY 16, 2018
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14 10. SURFACE WATER WORK SESSION FOR JANUARY 23, 2018
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17 SPECIAL PRESENTATION
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19 1. ATTORNEY RODNEY BROWN, CASCADIA LAW GROUP, TO PRESENT
20 FINDINGS FROM REPORT ENTITLED REDUCING IMPACTS FROM FOSSIL FUEL
21 PROJECTS (AB2018 -076)
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23 Rod Brown, Cascadia Law Group PLLC, referenced and read from his report to the
24 County Council (on file), including federal and state regulations; existing case law; and
25 recommendations for creating specific local facts and findings, such as partnering with the
26 State and amending protections and processes for major project permits.
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28 He answered questions on arguments by business about growing and being
29 competitive; new versus existing uses; whether they are allowed to write their own
30 definitions; whether there is more leeway with a temporary moratorium versus permanent
31 ordinances; whether the County can argue for protecting tribal treaty rights; protecting
32 public health and safety; requiring any transport company to be fully insured enough to pay
33 for catastrophic claims to the community, including loss of life, property rights, and
34 environmental damage; mitigating impacts due to increased rail use; and contracting with
35 Cascadia Law Group to write an ordinance to amend the Comprehensive Plan and Code.
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37 Browne moved to ask Cascadia Law Group to develop proposed Comprehensive Plan
38 amendment and associated code amendments for Council consideration and adoption.
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40 The motion was seconded.
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42 Jack Louws, County Executive, stated the Council needs to be specific about what
43 they would like in an ordinance.
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45 Councilmembers discussed working through the County administration and Planning
46 staff and the Planning Department work priorities.
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48 Browne withdrew his motion and moved that Council request the Executive and staff
49 provide assistance and include experienced legal assistance as required to develop proposed
50 comprehensive plan amendments and associated code amendments for Council
51 consideration as soon as possible.
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53 The motion was seconded.
Regular County Council Meeting, 2/27/2018, Page 2
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2 Karen Frakes, Prosecutor's Office, suggested an executive session discussion about
3 certain questions from the Council and answered questions.
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5 Councilmembers and staff discussed how to refine the direction to County staff,
6 setting a deadline, and reviewing the recommendations in Mr. Brown's report.
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8 Brown stated he would submit a highlighted annotated version of his report that
9 might help the Council set a direction.
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11 Browne withdrew his motion and stated discussion would continue in Committee of
12 the Whole.
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15 PUBLIC HEARINGS
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17 1. ORDINANCE ADOPTING AMENDMENTS TO THE URBAN FRINGE SUBAREA
18 PLAN, WHATCOM COUNTY COMPREHENSIVE PLAN, AND WHATCOM COUNTY
19 ZONING CODE (AB2018 -055)
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21 Browne opened the public hearing, and the following people spoke:
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23 Wendy Harris stated she is opposed to the ordinance. There should have been more
24 public involvement. Don't weaken the Bellingham urban growth area (UGA) requirements.
25 Don't make the public pay for development costs.
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27 Patrick Alesse stated he agrees with the comments from Wendy Harris.
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29 Hearing no one else, Browne closed the public hearing.
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31 Brenner moved to adopt the ordinance.
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33 The motion was seconded.
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35 The motion carried by the following vote:
36 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Sidhu (6)
37 Nays: None (0)
38 Abstains: Donovan (1)
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40 2. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE
41 AND PROCESSING OF APPLICATIONS AND PERMITS FOR NEW OR
42 EXPANDED FACILITIES IN THE CHERRY POINT URBAN GROWTH AREA, THE
43 PRIMARY PURPOSE OF WHICH WOULD BE THE SHIPMENT OF UNREFINED
44 FOSSIL FUELS NOT TO BE PROCESSED AT CHERRY POINT (AB2018 -077)
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46 Browne opened the public hearing, and the following people spoke:
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48 Andrew Gamble, Petrogas LLC, submitted and read from a handout (on file), and
49 stated they are concerned about the language in the ordinance because liquefied petroleum
50 gas (LPG) is refined fossil fuel. Delete references to propane and butane.
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52 Dena Jensen stated she supports the ordinance to protect against potential
53 environmental hazards due to increased traffic and transport.
Regular County Council Meeting, 2/27/2018, Page 3
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Sandy Robson stated she supports the ordinance. The Council must take action on
the findings from the Cascade Law Group report. Don't amend the definition to remove
references to LPG. Anticipate the plans by Petrogas to increase traffic. Spend money to
develop good ordinances.
Pam Brady, BP Cherry Point, stated she is opposed to the ordinance because it limits
business growth.
Erin Strong stated she is employed at BP Cherry Point refinery and is opposed to the
ordinance. The definition is overly -broad and includes refined products. Exclude the LPG
products in the definition.
Jessica Spiegal, Western States Petroleum Association, submitted and read from a
handout (on file) and stated she is opposed to the ordinance because it is against the
federal Commerce Clause.
Daryl Groves stated he is employed at Cherry Point and is opposed to the ordinance.
Their technology is becoming cleaner all the time. Definitions must be accurate and not
discriminate.
Jean Carmean submitted and read from a handout (on file) and stated she supports
the ordinance to protect the environment, fishing industry, and for public safety. Current
jobs won't be affected.
Krista Rome stated she supports the ordinance to alleviate impacts from climate
change.
Paula Rotundi stated she supports the ordinance to protect public health and safety.
Josh Summers, Phillips 66, stated he is opposed to the ordinance. The definition of
unrefined fossil fuels contains refined fuels. The moratorium should not regulate commerce
or favor local commerce. It is unnecessary and discriminatory.
Max Perry stated he is opposed to the ordinance. It harms industry growth and is
discriminatory. Propane and butane are not unrefined.
Tate Garrett stated he is opposed to the ordinance because it will negatively impact
current and future jobs.
Mike Levine stated he is opposed to the ordinance because it will negatively impact
the businesses and local economy.
Kristi Centurion submitted and read from a handout (on file) and stated she works at
Phillips 66 and is opposed to the ordinance.
Abe Jacobson stated he supports the ordinance for public safety and to protect from
potential economic damage from a mishap on rail lines or tankers.
Joe Wilson, Peterson Brothers Vice - President, stated he is opposed to the ordinance
to protect the refinery business investments. The refineries invest in clean operations.
Regular County Council Meeting, 2/27/2018, Page 4
1 Judith Akins, Mt. Baker Sierra Club, submitted and read from a handout (on file) and
2 stated she supports the ordinance. Continue the moratorium so stakeholders can talk to
3 each other.
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5 Kent Murray, Beck Professional Services, stated he does not support the ordinance
6 because it does not support the county's economy or local charities. Let the Planning
7 Commission evaluate permits as they are submitted.
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9 David Kershner stated he is supports the ordinance to protect salmon and the fishing
10 industry.
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12 June Coover stated she is an environmental consultant and is opposed to the
13 ordinance to support the refineries, which benefit the local economy.
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15 Charles Bailey stated he supports the ordinance to protect against additional
16 unrefined fossil fuels that will pass through the county and go overseas. Protect public
17 health and safety.
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19 Molly Crocker stated she is opposed to the ordinance and supports the refineries,
20 which support the land and families.
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22 Dirk Vermeeren submitted and read from a handout (on file) and stated he supports
23 the ordinance so Whatcom County doesn't become a hub for exporting fossil fuels.
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25 Marian Beddill stated she supports the ordinance for environmental protection.
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27 Ronna Loerch stated she supports the ordinance, regardless of potential litigation.
28 Growth needs to happen sustainably. Protect public health, safety, and ecology.
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30 Eddy Ury Resources for Sustainable Communities Program Manager, stated he
31 supports the ordinance . They need to address deficiencies in the County Code. Small
32 upgrades and existing facilities change the use substantially, which is a problem. The
33 refineries intend to expand. Manage direct public health and safety.
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35 Warren Sheay stated he supports the ordinance to protect against transport hazards
36 and increased shipping. They must switch from fossil fuels to clean energy.
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38 Patrick Alesse stated he supports the ordinance, and save Cherry Point development
39 for the future.
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41 Kiyara Patricio stated she speaks on behalf of Shirley Williams and that she supports
42 the ordinance to protect the Cherry Point environment and treaty rights.
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44 Ryan Garr stated he is employed at Cherry Point and is opposed to the ordinance.
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46 Wendy Harris stated she supports the ordinance to protect air quality.
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48 Chris Deile stated he used to fish in Alaska and supports protecting wildlife.
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50 Ryan Qualls stated he supports the ordinance to protect treaty rights and salmon.
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52 Rhea Bordian stated she works at BP Cherry Point and is opposed to the ordinance
53 and supports business.
Regular County Council Meeting, 2/27/2018, Page 5
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2 Hearing no one else, Browne closed the public hearing.
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4 Donovan moved to adopt the ordinance.
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6 The motion was seconded.
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8 Councilmembers discussed pollution from Asia; the quality of the local refineries;
9 talking to the industry representatives; compromise between both sides and working with
10 the industry; councilmembers' reasons for the moratorium; the end of the oil export ban on
11 crude oil; the benefits of the BP Refinery; the history of the definition used in the
12 moratorium; the impact of the moratorium on existing BP Cherry Point Refinery operations;
13 the refining process to create propane and butane; expanding operations to remain
14 competitive; how to deal with the impact from an accident; and the option of creating a
15 citizens panel that includes representatives from the refineries, tribes, and other
16 stakeholders.
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18 Pam Brady, BP Cherry Point, answered questions on their company's ability to
19 participate and compete in the global market.
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21 Donovan moved to called the question.
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23 The motion was seconded.
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25 The motion to call the question carried by the following vote:
26 Ayes: Ballew, Byrd, Browne, Buchanan, Donovan, and Sidhu (6)
27 Nays: Brenner (1)
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29 The motion to adopt carried by the following vote:
30 Ayes: Ballew, Browne, Buchanan, Donovan, and Sidhu (5)
31 Nays: Brenner and Byrd (2)
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33 (Clerk's Note: The Council took a ten - minute break at 9:33 p.m.)
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36 OPEN SESSION
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38 The following people spoke about the State Department of Natural Resources (DNR)
39 proposal to allow a sanctioned off -road vehicle (ORV) park on DNR land in the county:
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41 Lori Herbs
42 Bill Lawrence submitted a handout (on file)
43 Lance Hanson
44 Tyler Lawrence
45 Ronna Loerch
46 Chuck Epoch
47 Michael Airoldi submitted a handout (on file)
48 Ari Bezone
49 + Shelby Hansen
50 Jeremy Knight
51 Joelle Adams
52 Murton Thayer
53 + Kevin Vanderhorst submitted a handout (on file)
Regular County Council Meeting, 2/27/2018, Page 6
• Melanie Dickinson
• JD Concannan
• Stacy Enriquez
• Stephanie Young- Concannan
• Brett Dodd
• Jaimie Concannon
• Lee Schuman submitted handouts (on file)
• Mark Watts
• Keith Carpenter
• Dawn Marie Hanson
• Max Stuckin
• AI Vandenhoek
• Holly Coon submitted a handout (on file)
• Peter Rasmussen submitted a handout (on file)
• Marjorie Bell
• Jim Hedgerly
• Russ Pfeiffer -Hoyt
• Joe Knight
• Lynne Givler submitted a handout (on file)
• Karen Dean
• Luba (Inaudible)
• Brady Webb
• Kathleen Duvall
• Steve Bouwman
• Jenny VanWeerduin
• Amy Moher submitted a handout (on file)
• Dan Johns
• Rainbow Medicine Walker submitted a handout (on file)
• Steve Harris
• Heidi Thoresin
• Gary Meter
• Connor Willoughby
• Scott Jennings
• Stephen Taylor
• Cheryl Zimmerman
• Molly Pachenko
• Ryan Garr
• Laura Huges -Fox
• Heather Swanson
• Margaret Salmey
• Cat Willoughby
• William Luckensmeyer
• Dan Johnson
• Loreen Avins
• Jason Lautenbach
• Carl Franz
• Bill Dozia
• Patrick Alesse
• Kyle Peterson
• Tharyn Richards
• Steve Dittelei
Regular County Council Meeting, 2/27/2018, Page 7
1 The following person spoke on other issues:
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3 Ronna Loerch, North Whatcom Indivisible, also submitted a handout (on file)
4 and spoke on law enforcement and undocumented residents
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7 OTHER ITEMS
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9 3. RESOLUTION INITIATING COMPREHENSIVE PLAN AND ZONING
10 AMENDMENTS (AB2018 -084)
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12 Browne reported for the Special Committee of the Whole
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14 Donovan moved to approve the resolution with the substitute Exhibit A.
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16 The motion was seconded.
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18 Councilmembers thanked everyone who spoke on the Department of Natural
19 Resources (DNR) proposed docket item and discussed potential mitigation for impacts,
20 illegal garbage dumping in rural areas, lack of collaboration with the unincorporated urban
21 growth area (UGA) residents, whether they can limit the use to just commercial forestry
22 owned by DNR, the need to refine the DNR proposal, and Comprehensive Plan Chapter 9
23 language regarding off -road vehicle (ORV) use.
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25 Mark Personius, Planning and Development Services Department, reported on the
26 subarea plan item.
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28 Donovan moved to amend to remove PLN2017 -00001 regarding the Urban Fringe
29 Subarea Plan Update.
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31 The motion was seconded.
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33 The motion to approve the amendment carried by the following vote:
34 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
35 Nays: None (0)
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37 The motion to approve the substitute resolution as amended carried by the following
38 vote:
39 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
40 Nays: None (0)
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43 CONSENT AGENDA
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45 Sidhu reported for the Finance and Administrative Services Committee and moved
46 to approve Consent Items one through three, including the substitute for item three.
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48 The motion carried by the following vote:
49 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
50 Nays: None (0)
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52 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
53 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND DESIGN2LAST,
Regular County Council Meeting, 2/27/2018, Page 8
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INC. FOR BUILDING ASSESSMENT STUDIES AND COST ESTIMATES FOR
CAPITAL IMPROVEMENTS AT THE JAIL (PUBLIC SAFETY BUILDING) AND
WORK CENTER, IN THE AMOUNT OF $310,332, FOR A TOTAL AMENDED
CONTRACT AMOUNT OF $1,223,619.20 (AB2018 -080)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND ALLIED UNIVERSAL
SECURITY SERVICES FOR COURTHOUSE SECURITY SERVICES, SECURITY
SCREENINGS, X -RAY, AND PARKING SERVICES, IN THE AMOUNT OF
$160,000 (AB2018 -081)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
THREE -YEAR CONTRACT BETWEEN WHATCOM COUNTY AND BAYSIDE
PATHOLOGY FOR MEDICAL EXAMINERS SERVICES, IN THE AMOUNT OF
$572,056 FOR 2018, WITH AN ANNUAL CPI -U INFLATION ADJUSTMENT
INCREASE EACH SUBSEQUENT YEAR (AB2018 -082)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2018 WHATCOM COUNTY BUDGET, FOURTH
REQUEST, IN THE AMOUNT OF $1,443,449 (AB2018 -069)
Sidhu reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
Nays: None (0)
2. ORDINANCE APPROVING THE SECOND AMENDMENT TO PROJECT BUDGET
NO. 2 (JAIL IMPROVEMENT FUND) OF THE 2011 BUDGET (AS ESTABLISHED
THROUGH ORDINANCE 2011 -031) TO ADD $311,000 OF EXPENDITURE
AUTHORITY, FOR A TOTAL AMENDED PROJECT BUDGET AMOUNT OF
$3,778,700 (AB2018 -070)
Sidhu reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
Nays: None (0)
4. RESOLUTION AMENDING RESOLUTION 2017 -055 TO ADD ONE
REPRESENTATIVE FROM THE PORT OF BELLINGHAM TO THE HOMELESS
STRATEGIES WORKGROUP (AB2018 -088)
Byrd moved to approve the resolution.
The motion was seconded.
Regular County Council Meeting, 2/27/2018, Page 9
1 The motion carried by the following vote:
2 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
3 Nays: None (0)
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5
6 COUNCIL APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
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8 1. APPOINTMENT TO FILL VACANCY ON THE WHATCOM COUNTY FLOOD
9 CONTROL ZONE DISTRICT ADVISORY COMMITTEE, ONE YEAR TERM
10 REPRESENTING IMPACTED CITIES, APPLICANT: JOHN PERRY (COUNCIL
11 ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT
12 BOARD OF SUPERVISORS (AB2018 -059)
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14 Brenner moved to appoint John Perry.
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16 The motion was seconded.
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18 The motion carried by the following vote:
19 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
20 Nays: None (0)
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22
23 EXECUTIVE APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
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25 1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
26 KEITH WILLNAUER, COUNTY ASSESSOR TO SERVE IN ONE OF THE ELECTED
27 OFFICIAL POSITIONS ON THE AMERICANS WITH DISABILITIES ACT
28 COMPLIANCE COMMITTEE (AB2018 -085)
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30 Brenner moved to confirm the appointment.
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32 The motion was seconded.
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34 The motion carried by the following vote:
35 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
36 Nays: None (0)
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38
39 INTRODUCTION ITEMS
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41 1. ORDINANCE AMENDING WHATCOM COUNTY CODE 9.44.030, PUBLIC PEACE,
42 MORALS, AND WELFARE (AB2017 -078)
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44 Brenner moved to accept the Introduction Item.
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46 The motion was seconded.
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48 The motion carried by the following vote:
49 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
50 Nays: None (0)
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52
Regular County Council Meeting, 2/27/2018, Page 10
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COMMITTEE REPORTS OTHER ITEMS AND COUNCILMEMBER UPDATES
Councilmembers gave updates on recent activities and upcoming events.
ADJOURN
The meeting adjourned at 1:00 a.m. on Wednesday, February 28, 2018.
The County Council approved these minutes on April 10, 2018.
ATTEST. ,••- '�
C'. y\NTC0'- �r
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Dana Town- axis; �ouncli Clerk
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Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHAT M COUNTY, WASHINGTON
Rud owne, Council Chair
Regular County Council Meeting, 2/27/2018, Page 11