HomeMy WebLinkAboutCounty Council May 22 20181 WHATCOM COUNTY COUNCIL
2 Regular County Council Meeting
3
4 May 22, 2018
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6 CALL TO ORDER
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8 Council Chair Rud Browne 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: Tim Ballew, Barbara Brenner, Rud Browne, Barry Buchanan, Tyler
15 Byrd, Todd Donovan, and Satpal Sidhu.
16 Absent: None.
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18
19 FLAG SALUTE
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21
22 ANNOUNCEMENTS
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24 Browne submitted and read from the County Code on council meeting general
25 procedures and decorum of debate.
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27 Councilmembers had a moment of silence on the passing of long -time Superior Court
28 Judge Ira Uhrig.
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30 (From Committee of the Whole)
31
32 DISCUSSION WITH SENIOR DEPUTY PROSECUTOR CHRISTOPHER QUINN
33 REGARDING PENDING LITIGATION INVOLVING CLAIMS AGAINST CORRECTIONS
34 DEPUTIES ACTING WITHIN THEIR OFFICIAL DUTIES (AB2018 -018)
35
36 Buchanan stated that having met in executive session and having been advised of
37 the nature of the lawsuit, the allegations contained therein, and pursuant to Whatcom
38 County Code 2.56, he moved that the council affirmatively finds the following:
39 • The deputies named in the lawsuit (Deputies Matt Charrion and Robert
40 Packard) were acting in a matter in which the county had an interest;
41 . That the officers were acting in the discharge of a duty imposed or authorized
42 by law; and
43 . The officers did act in good faith
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45 Therefore, the Whatcom County officers named in this lawsuit will be defended and
46 indemnified pursuant to and consistent with the provisions in Whatcom County Code (WCC)
47 Chapter 2.56 and Revised Code of Washington (RCW) 4.96.041.
48
49 The motion was seconded.
50
51 The motion carried by the following vote:
52 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
53 Nays: None (0)
Regular County Council Meeting, 5/22/2018, Page 1
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3 PUBLIC HEARINGS
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5 1. ORDINANCE ESTABLISHING A 25 MPH SPEED LIMIT ON CERTAIN BIRCH
6 BAY AREA ROADS (AB2018 -137)
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8 Browne opened the public hearing, and the following people spoke:
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10 Shirley Reed stated she is against the golf carts on Birch Bay Drive for a variety of
11 reasons.
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13 Billy Brown submitted a handout (on file) and stated he supports the 25 mile per
14 hour speed limit.
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16 Hearing no one else, Browne closed the public hearing.
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18 Byrd moved to adopt the ordinance.
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20 The motion was seconded.
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22 The motion carried by the following vote:
23 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
24 Nays: None (0)
25
26 2. ORDINANCE CREATING A "GOLF CART ZONE" ON CERTAIN ROADS IN THE
27 BIRCH BAY AREA (AB2018 -125)
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29 Browne opened the public hearing, and the following people spoke:
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31 Charles Kinzer submitted a handout (on file) and stated he is opposed to the
32 ordinance due to safety, community opposition, lack of need, and standing of the Birch Bay
33 Chamber of Commerce.
34
35 Dave Sadell stated he is opposed to the ordinance. Golf carts don't have to be
36 insured against striking someone and are unsafe on public roads.
37
38 Judith Jones stated she is opposed to the ordinance because it allows unlicensed
39 drivers on the road and there is too much traffic and are too many pedestrians.
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41 David Brewin stated he supports the ordinance to enhance the community. There
42 won't be a large influx of golf cart traffic on the roads. It can ease congestion on the roads.
43 They could require seatbelts to alleviate safety concerns.
44
45 Gail Walker stated she is a business owner that rents recreational equipment . She
46 supports the ordinance because it will be a convenience for the community.
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48 Wayne Diaz, Birch Bay Chamber of Commerce Vice - President, stated he supports the
49 ordinance. Parking in the community is difficult to find.
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51 Billy Brown submitted a handout (on file) and stated he supports the ordinance. A
52 vast majority of residents and vacationers also support the ordinance. There are plenty of
53 ways to get out of Birch Bay, so it won't affect traffic. It will be good for Birch Bay tourism.
Regular County Council Meeting, 5/22/2018, Page 2
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2 Patrick Alesse stated his concern is to protect pedestrian and bicycle safety, but he's
3 neutral on the subject.
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5 Mike Kent stated safety is key. Lowering the speed limit was necessary. As long as
6 the use is policed and the golf carts are adequately powered, there won't be danger. It will
7 benefit local businesses.
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9 Margo Savell stated safety is crucial. Golf carts won't be safe.
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11 Pam Hanson stated she supports the ordinance because it will help the local
12 economy and community. The majority of the use will be in the summer months.
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14 Todd Rutgers stated he supports the ordinance. They're useful when there is traffic
15 congestion.
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17 Doralee Booth stated safety is a concern.
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19 Hearing no one else, Browne closed the public hearing.
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21 Donovan moved to adopt the ordinance.
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23 The motion was seconded.
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25 Joe Rutan, Public Works Department, answered questions.
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27 Staff and councilmembers discussed the safety issues, requiring a license and
28 insurance of golf cart drivers, and the benefits of allowing golf carts on the roads in Birch
29 Bay.
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31 Byrd moved to amend to add a sunset clause to review the use in one year.
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33 The motion to amend was seconded.
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35 Councilmembers discussed the length of the sunset clause.
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37 Byrd amended his motion and moved to amend to add a sunset clause to review
38 the use in 18 months.
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40 The motion to amend carried by the following vote:
41 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, and Sidhu (6)
42 Nays: Donovan (1)
43
44 The motion to adopt as amended carried by the following vote:
45 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
46 Nays: None (0)
47
48 3. ORDINANCE AMENDING WHATCOM COUNTY CODE 15.04, BUILDING CODES,
49 REGARDING FEE FOR APPEALS TO COUNTY COUNCIL (AB2018 -142)
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51 Browne opened the public hearing, and hearing no one, closed the public hearing.
52
53 Byrd moved to adopt the ordinance.
Regular County Council Meeting, 5/22/2018, Page 3
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2 The motion was seconded.
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4 Karen Frakes, Prosecutor's Office, answered questions.
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6 Staff and councilmembers discussed the fees.
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8 The motion carried by the following vote:
9 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
10 Nays: None (0)
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12
13 OPEN SESSION
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15 The following people spoke:
16 • Dana Briggs spoke about homeless statistics in Whatcom County.
17 • John Campbell spoke about homeless services in Whatcom County.
18 • Mike Kaufman spoke about the mid - century industrial complex promoting the
19 advancement of white suburban dwellers and the systemic social problems
20 that have resulted.
21 4 Doralee Booth submitted a handout (on file) and spoke about an upcoming
22 Birch Bay community event.
23 • Joy Gilfilen, Restorative Community Coalition, submitted a handout (on fi /e)
24 and spoke about partnering with the County to receive a MacArthur
25 Foundation grant opportunity to fund one of several potential programs.
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27 Byrd moved to work with Ms. Gilfilen and support multiple grant applications to the
28 foundation. There was no second to the motion.
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30 Councilmembers discussed working on grant applications until the deadline in June.
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32
33 CONSENT AGENDA
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35 Sidhu reported for the Finance and Administrative Services Committee and moved
36 to approve Consent Agenda items one through four, including the substitute for item four.
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38 The motion carried by the following vote:
39 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
40 Nays: None (0)
41
42 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
43 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND NORTHWEST
44 YOUTH SERVICES TO ADD ADDITIONAL FUNDING FOR RENTAL ASSISTANCE
45 TO HELP SUPPORT YOUTH IN THE TRANSITIONAL LIVING PROGRAM AT
46 FRANCIS PLACE, IN THE AMOUNT OF $36,990, FOR A TOTAL AMENDED
47 CONTRACT AMOUNT OF $442,652 (AB2018 -156)
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49 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
50 GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON
51 DEPARTMENT OF ECOLOGY TO RECEIVE FUNDING FOR OPERATION OF A
52 FIXED TOXICS FACILITY USED FOR THE PROPER DISPOSAL AND RECYCLING
Regular County Council Meeting, 5/22/2018, Page 4
1 OF MODERATE RISK WASTES AND RURAL WASTE OIL AND ANTIFREEZE
2 COLLECTION STATIONS, IN THE AMOUNT OF $196,714.64 (AB2018 -157)
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4 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
5 GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON
6 DEPARTMENT OF ECOLOGY TO RECEIVE FUNDING FOR SOLID WASTE
7 COMPLIANCE MANAGEMENT AND LITTERING AND ILLEGAL DUMPING
8 ENFORCEMENT SERVICES, IN THE AMOUNT OF $134,811.14 (AB2018 -158)
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10 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
11 5 YEAR LEASE AGREEMENT, WITH TWO 5 -YEAR LEASE RENEWAL OPTIONS,
12 BETWEEN WHATCOM COUNTY AND THE PORT OF BELLINGHAM FOR USE OF
13 THE PROPERTY LOCATED AT 3720 WILLIAMSON WAY IN THE MONTHLY
14 AMOUNT IN YEARS 1 AND 2 OF $1,288.98 AND IN YEARS 3 THROUGH 5, THE
15 AMOUNT OF $1,353.43 (AB2018 -159)
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18 OTHER ITEMS
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20 1. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, SEVENTH
21 REQUEST, IN THE AMOUNT OF $1,861,232 (AB2018 -150)
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23 Sidhu reported for the Finance and Administrative Services Committee and moved
24 to adopt the ordinance.
25
26 Byrd moved to withdraw items three through seven.
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28 The motion to amend was seconded.
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30 The motion carried by the following vote:
31 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
32 Nays: None (0)
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34 Councilmembers discussed the proper procedure to amend the ordinance.
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36 Browne moved to rescind the last vote.
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38 The motion to rescind was seconded.
39
40 The motion to rescind carried by the following vote:
41 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
42 Nays: None (0)
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44 Byrd moved to amend to remove items three through seven from the ordinance.
45
46 The motion was seconded.
47
48 Councilmembers discussed working on homeless issues in the community through
49 funding and hiring more staff versus contributing directly to programs such as HomesNOW
50 pilot programs.
51
52 Regina Delahunt, Health Department Director, answered questions.
53
Regular County Council Meeting, 5/22/2018, Page 5
1 Donovan moved to call the question.
2
3 The motion to call the question was seconded.
4
5 The motion to call the question carried by the following vote:
6 Ayes: Ballew, Byrd, Browne, Buchanan, Donovan, and Sidhu (6)
7 Nays: Brenner (1)
8
9 Byrd restated the motion to amend to remove items three through seven from the
10 ordinance.
11
12 The motion to amend failed by the following vote:
13 Ayes: Byrd (1)
14 Nays: Ballew, Brenner, Browne, Buchanan, Donovan, and Sidhu (6)
15
16 The motion carried by the following vote:
17 Ayes: Ballew, Brenner, Browne, Buchanan, Donovan, and Sidhu (6)
18 Nays: Byrd (1)
19
20 2. ORDINANCE ESTABLISHING THE MENTAL HEALTH AND DEVELOPMENTAL
21 DISABILITIES SPECIAL REVENUE FUND (AB2018 -151)
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23 Sidhu reported for the Finance and Administrative Services Committee and moved
24 to adopt the ordinance.
25
26 The motion carried by the following vote:
27 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
28 Nays: None (0)
29
30 3. ORDINANCE CLOSING THE POTTER ROAD — SOUTH FORK BRIDGE NO. 148
31 REPLACEMENT PROJECT FUND 342 (AB2018 -152)
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33 Sidhu reported for the Finance and Administrative Services Committee and moved
34 to adopt the ordinance.
35
36 The motion carried by the following vote:
37 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
38 Nays: None (0)
39
40 4. ORDINANCE CLOSING THE 2015 COUNTY ROADWAY SAFETY PROGRAM
41 FUND 355 (AB2018 -153)
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43 Sidhu reported for the Finance and Administrative Services Committee and moved
44 to adopt the ordinance.
45
46 The motion carried by the following vote:
47 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
48 Nays: None (0)
49
50 5. ORDINANCE CLOSING THE CEDAR HILLS /EUCLID STORM WATER
51 IMPROVEMENTS PROJECT FUND 367 (AB2018 -154)
52
Regular County Council Meeting, 5/22/2018, Page 6
1 Sidhu reported for the Finance and Administrative Services Committee and moved
2 to adopt the ordinance.
3
4 The motion carried by the following vote:
5 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
6 Nays: None (0)
7
8 6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE THE
9 PURCHASE, USING WASHINGTON STATE CONTRACT #00816, OF A
10 REPLACEMENT LOWBOY TRAILER FROM VENDOR PAPE MACHINERY, INC., IN
11 THE AMOUNT OF $89,526.76 (FROM MAY 8) (AB2018 -144)
12
13 Sidhu reported for the Finance and Administrative Services Committee and moved
14 to approve the request.
15
16 The following staff answered questions:
17 Jon Hutchings, Public Works Department Director
18 Jack Louws, County Executive
19
20 Staff and councilmembers discussed the costs of repair and the costs of a new
21 trailer, how the trailer is used, equipment replacement schedules, replacement accrual
22 rates, costs if the equipment were to break down, and breakdown issues regardless of
23 whether or not the equipment was new.
24
25 Buchanan moved to call the question.
26
27 The motion was seconded.
28
29 The motion to call the question carried by the following vote:
30 Ayes: Ballew, Browne, Buchanan, Byrd, Donovan, and Sidhu (6)
31 Nays: Brenner (1)
32
33 The motion to approve the request carried by the following vote:
34 Ayes: Ballew, Browne, Buchanan, Donovan, and Sidhu (5)
35 Nays: Byrd and Brenner (2)
36
37 Add Item. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER
38 INTO A CONTRACT AMENDMENT (AMENDMENT NO. 2) BETWEEN
39 WHATCOM COUNTY AND THE COUNTY ROAD ADMINISTRATION BOARD
40 (CRAB) TO ALLOW THE COUNTY TO RECEIVE ADDITIONAL RURAL
41 ARTERIAL PROGRAM (RAP) GRANT FUNDING FOR THE EAST SMITH
42 ROAD PAVEMENT REHABILITATION PROJECT (EVERSON- GOSHEN ROAD
43 TO SR -542) (AB2018 -164)
44
45 Sidhu reported for the Finance and Administrative Services Committee and moved
46 to approve the request.
47
48 The motion carried by the following vote:
49 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
50 Nays: None (0)
51
Regular County Council Meeting, 5/22/2018, Page 7
7. DISCUSSION AND DIRECTION FROM COUNCIL ON POTENTIAL WHATCOM
COUNTY CODE AMENDMENTS AND PROJECTS TO HELP PEOPLE WHO ARE
EXPERIENCING HOMELESSNESS (AB2018 -072B)
Byrd reported for the Planning and Development Committee.
8. ORDINANCE ESTABLISHING WHATCOM COUNTY CODE CHAPTER 2.126,
CREATING THE WHATCOM COUNTY BUSINESS AND COMMERCE ADVISORY
COMMITTEE (AB2018 -132A)
Browne reported for the Special Committee of the Whole and moved to adopt the
substitute ordinance as amended by committee, including adding two voting positions that
will represent the agriculture industry and the energy sector industry, for a total of 18
members.
The motion to adopt as amended by committee carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
Nays: None (0)
9. DIRECTION ON COMPREHENSIVE PLAN AMENDMENTS REQUESTED BY
COUNCIL THROUGH RESOLUTION 2018 -015 RELATING TO THE CHERRY
POINT URBAN GROWTH AREA (FROM MAY 8) (AB2018 -076C)
Browne reported for the Special Committee of the Whole and stated this item is
held in committee.
10. APPOINTMENT OF ONE COUNCILMEMBER TO SERVE ON THE WHATCOM
COUNTY LAKE WHATCOM STORMWATER UTILITY ADVISORY COMMITTEE AS
A NON - VOTING REPRESENTATIVE (AB2018 -140A)
Buchanan moved to appoint Councilmember Donovan.
The motion was seconded.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
Nays: None (0)
11. RESOLUTION AMENDING RESOLUTION 2017 -045 TO REVISE COUNTY
COUNCIL MEETING DATE SCHEDULE FOR 2018 (AB2018 -162)
Brenner moved to approve the resolution.
The motion was seconded.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
Nays: None (0)
Regular County Council Meeting, 5/22/2018, Page 8
COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. APPOINTMENT TO THE WHATCOM COUNTY PLANNING COMMISSION,
PARTIAL TERM ENDING JANUARY 31, 2021, REPRESENTING DISTRICT 1,
APPLICANTS: TONY FREELAND, KIMBERLEY LUND (FROM MAY 8) (AB2018-
133)
(Clerk's Note: Council nominated the two applicants at the previous Council meeting
on May 8.)
Councilmembers discussed the experience of the applicants.
Councilmembers voted as follows:
Freeland: Brenner, Byrd, and Sidhu (3)
Lund: Ballew, Browne, Buchanan, and Donovan (4)
The Council appointed Kimberley Lund.
INTRODUCTION ITEMS
Byrd moved to accept the Introduction Items.
The motion was seconded.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
Nays: None (0)
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 3.08, PURCHASING
SYSTEM (AB2018 -160)
2. ORDINANCE ESTABLISHING WHATCOM COUNTY CODE 1.32, ADOPTING
RULES REGARDING COMPLIANCE WITH CHAPTER 42.56 RCW, PUBLIC
RECORDS ACT (AB2018 -155)
3. ORDINANCE AMENDING WHATCOM COUNTY CODE 8.11, SOLID WASTE
RECYCLING AND COLLECTION DISTRICT, AND 8.10, SOLID WASTE
RESIDENTIAL RECYCLING COLLECTION, REGARDING SOLID WASTE
COLLECTION IN POINT ROBERTS (AB2018 -146A)
4. ORDINANCE ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 2
ADMINISTRATION AND PERSONNEL; TITLE 9 PUBLIC PEACE, MORALS AND
WELFARE; TITLE 15, BUILDING AND CONSTRUCTION; TITLE 16
ENVIRONMENT; TITLE 20 ZONING; TITLE 21 LAND DIVISION REGULATIONS;
TITLE 23 SHORELINE MANAGEMENT PROGRAM; TITLE 24 HEALTH; AND
CREATING A NEW TITLE 22 LAND USE AND DEVELOPMENT PROCEDURES; TO
RELOCATE AND REVISE PROCEDURES FOR LAND USE AND DEVELOPMENT
RELATED PROJECT PERMITS AND LEGISLATIVE ACTIONS (AB2018 -056)
Regular County Council Meeting, 5/22/2018, Page 9
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COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Committee chairs reported on other committee discussions.
Councilmembers gave updates on recent activities and upcoming events.
ADJOURN
The meeting adjourned at 9:25 p.m.
The County Council approved these minutes on June 19, 2018.
ATTEST:
C, C'Cr _ t X04 -
Dana Brown- aclvi�; Council Clerk
Jill Nixon, Minutes Transcription
WHAT. OM COUNTY COUNCIL
WHATC M CO TY, WASHINGTON
Rud Browne, Council Chair
Regular County Council Meeting, 5/22/2018, Page 10