HomeMy WebLinkAboutCouncil May 7 20191 WHATCOM COUNTY COUNCIL
2 Regular County Council Meeting
3
4 May 7, 2019
5
6 CALL TO ORDER
7
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.
10
11
12 ROLL CALL
13
14 Present: Barbara Brenner, Rud Browne, Barry Buchanan, Tyler Byrd, Todd
15 Donovan, Carol Frazey, and Satpal Sidhu.
16 Absent: None.
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18
19 FLAG SALUTE
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22 ANNOUNCEMENTS
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24
25 PUBLIC HEARINGS
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27 1. AB2019-167 ORDINANCE GRANTING GLENHAVEN LAKES CLUB INC. A
28 FRANCHISE AND THE RIGHT, PRIVILEGE, AND AUTHORITY THEREUNDER TO
29 LOCATE, SET, ERECT, LAY, CONSTRUCT, EXTEND, SUPPORT, ATTACH,
30 CONNECT, MAINTAIN, REPAIR, REPLACE, ENLARGE, OPERATE AND USE
31 FACILITIES IN, UPON, OVER, UNDER, ALONG, ACROSS AND THROUGH THE
32 FRANCHISE AREA TO ALLOW FOR THE PROVISION OF WATER SERVICES
33
34 Browne opened the public hearing, and hearing no one, closed the public hearing.
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36 Donovan moved to hold in Council until after consultation with legal counsel and to
37 keep the public record open.
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39 The motion was seconded.
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41 Councilmembers discussed holding for more information.
42
43 (inaudible) Surratt, Glenhaven Lakes Water Association Water Manager, answered
44 questions on the size of the water association.
45
46 The motion carried by the following vote:
47 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
48 Nays: None (0)
49
50 2. AB2019-223 WHATCOM COUNTY COMPREHENSIVE PLAN
51 AMENDMENTS CONCERNING THE LUMMI ISLAND FERRY; THE PROPOSAL
52 WOULD MODIFY A POLICY RELATING TO FERRY LEVEL OF SERVICE AND
53 DELETE A POLICY RELATING TO A FERRY FEASIBILITY STUDY
Regular County Council Meeting, 5/7/2019, Page 1
1 (RECOMMENDED MOTION: FORWARD FOR CONCURRENT REVIEW. THIS
2 ORDINANCE CANNOT BE ADOPTED THIS EVENING. THE COUNCIL MUST
3 CONSIDER INITIATED COMPREHENSIVE PLAN AMENDMENTS
4 CONCURRENTLY SO THAT THE CUMULATIVE EFFECT OF THE VARIOUS
5 PROPOSALS CAN BE EVALUATED. ALL PROPOSED AMENDMENTS WILL BE
6 SCHEDULED TOGETHER FOR FINAL ADOPTION AT A LATER DATE.)
7
8 Browne opened the public hearing, and the following person spoke:
9
10 Rhayma Blake, Lummi Island Ferry Advisory Committee, stated the committee
11 recommends forwarding for concurrent review.
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13 Hearing no one else, Browne closed the public hearing.
14
15 Donovan moved to forward for concurrent review.
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17 The motion was seconded.
18
19 The motion carried by the following vote:
20 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
21 Nays: None (0)
22
23 3. AB2019-248 ORDINANCE AMENDING THE WHATCOM COUNTY
24 UNIFIED FEE SCHEDULE TO INCLUDE LANGUAGE REGARDING REDUCING
25 RECIDIVISM, JOB LOSS, AND EDUCATION DISRUPTION CAUSED BY LOW
26 INCOME COUNTY RESIDENTS SERVING JAIL TIME IN OTHER
27 JURISDICTIONS BY ALLOWING THEM TO CONTINUE TO ATTEND SCHOOL OR
28 WORK IF THE OFFENSE ALLOWS FOR DAY RELEASE IN WHATCOM COUNTY
29
30 Browne opened the public hearing, and hearing no one, closed the public hearing.
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32 Byrd moved to adopt the ordinance.
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34 The motion was seconded.
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36 Browne gave a staff report.
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38 The motion carried by the following vote:
39 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
40 Nays: None (0)
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42
43 OPEN SESSION
44
45 The following people spoke:
46 • Bob Burr spoke about declaring a climate emergency.
47 0 Dana Briggs spoke about declaring a climate emergency.
48 0 Bob Gay spoke about the public participation plan (AB2019-255) regarding
49 the Cherry Point proposed amendment.
50 0 Rod Roth spoke about the public participation plan (AB2019-255) regarding
51 the Cherry Point proposed amendment.
52 • Miguel Edmondson spoke about the proposed ordinance to require
53 apprentices in County contracts.
Regular County Council Meeting, 5/7/2019, Page 2
1 0 Luis Ergon spoke about the proposed ordinance to require apprentices in
2 County contracts.
3 • James Demerest spoke about the proposed ordinance to require apprentices
4 in County contracts.
5 Ken (inaudible) spoke about the proposed annexation of the Alderwood
6 community.
7 • Chris Watrobka spoke about the public participation plan (AB2019-255)
8 regarding the Cherry Point proposed amendment.
9 • Patrick Alesse spoke about protecting the environment.
10 Max Perry spoke about water issues and access to information.
11
12 Councilmembers spoke about the City of Bellingham sharing information regarding
13 annexation plans.
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15
16 OTHER ITEMS
17
18 1. AB2019-267 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE
19 TO ENTER INTO AN AGREEMENT BETWEEN WHATCOM COUNTY AND
20 COMPASS HEALTH AND T-MOBILE WEST LLC FOR THIRD AMENDMENT TO
21 SITE EASEMENT WITH OPTIONS
22
23 Byrd reported for the Council Finance and Administrative Services Committee and
24 moved to approve the request.
25
26 The motion carried by the following vote:
27 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
28 Nays: None (0)
29
30 2. AB2019-250 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE
31 TO ENTER IN TO A COOPERATIVE AGREEMENT WITH THE US ARMY CORPS
32 OF ENGINEERS FOR REPAIRS TO THE TWIN VIEW LEVEE ALONG THE LEFT
33 BANK OF THE NOOKSACK RIVER NEAR THE TOWN OF EVERSON IN THE
34 AMOUNT OF $357,500 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD
35 CONTROL ZONE DISTRICT BOARD OF SUPERVISORS)
36
37 Byrd reported for the Council Finance and Administrative Services Committee and
38 moved to approve the request.
39
40 The motion carried by the following vote:
41 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
42 Nays: None (0)
43
44 3. AB2019-211 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE
45 TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY
46 AND NORTH SOUND BEHAVIORAL HEALTH ORGANIZATION TO PROVIDE
47 MATCH FUNDS FOR CONTINUING THE PROJECTS FOR ASSISTANCE IN
48 TRANSITION FROM HOMELESSNESS (PATH) FEDERAL GRANT ACTIVITIES IN
49 WHATCOM COUNTY, IN THE AMOUNT OF $75,469
50
51 Byrd reported for the Council Finance and Administrative Services Committee and
52 moved to approve the request.
53
Regular County Council Meeting, 5/7/2019, Page 3
Councilmembers praised Health Department staff for bringing forward the
information requested.
The motion carried by the following vote:
Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
Nays: None (0)
4. AB2019-254 REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE
TO AWARD BID #19-25 AND ENTER INTO A CONTRACT BETWEEN WHATCOM
COUNTY AND COWDEN, INC., FOR THE SUPPLY OF CRUSHED AGGREGATE TO
BE STOCKPILED AT VARIOUS WHATCOM COUNTY PIT SITES INCLUDING
POINT ROBERTS, LUMMI ISLAND AND WHATCOM COUNTY'S ABEL PIT AND
USED BY THE PUBLIC WORKS -MAINTENANCE AND OPERATIONS DIVISION
FOR THE ANNUAL CHIP SEALING PROGRAM; ADDITIONALLY, WORK SHALL
INCLUDE HAULING OF DITCHING WASTE MATERIAL FROM POINT ROBERTS
TO WHATCOM COUNTY MAINLAND, IN THE AMOUNT OF $843,248.00
Byrd reported for the Council Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
Nays: None (0)
5. AB2019-273 REQUEST APPROVAL OF THE ECONOMIC DEVELOPMENT
INVESTMENT (EDI) BOARD'S RECOMMENDATIONS FOR FUNDING OF THE
PORT OF BELLINGHAM'S REQUEST FOR A GRANT IN THE AMOUNT OF
$750,000, AND OF THE WHATCOM COUNTY SHERIFF'S REQUEST FOR A
GRANT IN THE AMOUNT OF $515,000
Byrd reported for the Council Finance and Administrative Services Committee.
Donovan moved to approve the request.
The motion was seconded.
Don Goldberg and Gina Stark, Port of Bellingham, reported on the project and
answered questions.
Councilmembers discussed whether the rural broadband project is the best use of
EDI funds, the importance of the Sheriff's Office project, adding infrastructure where private
companies already have infrastructure, the EDI scoring mechanism, extending broadband
internet service to the farthest area in east county, and for profit businesses that also
provide a social benefit to the community.
Buchanan moved to amend the motion and to vote on the two items separately.
The motion to amend the motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
Nays: None (0)
Regular County Council Meeting, 5/7/2019, Page 4
1 Councilmembers and Port officials continued to discuss the location of the broadband
2 infrastructure project, partnering with local internet providers, and working with the Public
3 Utility District (PUD).
4
5 Browne moved to ask that the Port project add additional infrastructure in the form
6 of Leg 4 from Kendall to Sumas through Nooksack and Leg 5 from Bellingham to Ferndale to
7 Lummi. The motion was not seconded.
8
9 Donovan moved to approve the request for the Port of Bellingham project.
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11 The motion was seconded.
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13 The motion carried by the following vote:
14 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
15 Nays: None (0)
16
17 Donovan moved to approve the request for the Sheriff's Office project.
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19 The motion was seconded.
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21 Jeff Parks, Sheriff's Office, answered questions on timeliness, the failing
22 infrastructure, hiring a project manager to ensure the appropriate equipment is included,
23 working with partnerships, first steps in the phased project, eligibility for federal grant
24 funds, reaching out to British Columbia officials for interoperability, and whether it's
25 appropriate to use EDI funds on the Sheriff's Office project.
26
27 The motion carried by the following vote:
28 Ayes: Brenner, Browne, Buchanan, Donovan, Frazey, and Sidhu (6)
29 Nays: Byrd (1)
30
31 6. AB2019-262 RESOLUTION IN THE MATTER OF CONSIDERING
32 VACATION OF SAFSTEN ROAD
33
34 Brenner reported for the Public Works And Health Committee and moved to
35 approve the resolution.
36
37
38 The motion carried by the following vote:
39 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
40 Nays: None (0)
41
42 7. AB2019-266 CONSIDERATION OF CITIZEN APPEAL OF ADDRESS
43 CHANGE DUE TO ROAD NAMING REQUIREMENT
44
45 Brenner reported for the Public Works and Health Committee.
46
47 Frank S. Tapley stated emergency services can find his location without any problem
48 and the requirement to rename roads is obsolete.
49
50 Donovan moved to accept the appeal and approve the request to not change the
51 address of Mr. Tapley's residence.
52
53 The motion was seconded.
Regular County Council Meeting, 5/7/2019, Page 5
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2 The motion carried by the following vote:
3 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
4 Nays: None (0)
5
6 8. AB2019-255 REQUEST COUNTY COUNCIL REVIEW AND APPROVAL OF
7 THE PUBLIC PARTICIPATION PLAN FOR WHATCOM COUNTY
8 COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS (THIS PLAN
9 WILL GUIDE PUBLIC PARTICIPATION EFFORTS RELATING TO
10 COMPREHENSIVE PLAN AND DEVELOPMENT REGULATION AMENDMENTS)
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12 Byrd reported for the Planning and Development Committee and moved to approve
13 the substitute request.
14
15 Donovan moved to amend to remove the Repeal of the Cherry Point Amendment
16 from the public participation plan.
17
18 The motion to amend was seconded.
19
20 The motion to amend carried by the following vote:
21 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
22 Nays: None(0)
23
24 The motion to approve the substitute as amended carried by the following vote:
25 Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
26 Nays: None(0)
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28
29 COUNCIL APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
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31 1. AB2019-200 APPOINTMENT TO THE SOLID WASTE ADVISORY
32 COMMITTEE, BUSINESS/INDUSTRY REPRESENTATIVE, PARTIAL TERM
33 ENDING 1/31/2020, APPLICANT: RODD PEMBLE (COMMITTEE PROVIDES
34 ONGOING PUBLIC INPUT AND ADVISE TO WHATCOM COUNTY ON SOLID
35 WASTE MANAGEMENT ISSUES)
36
37 Brenner moved to appoint Rodd Pemble.
38
39 The motion was seconded.
40
41 The motion carried by the following vote:
42 Ayes: Brenner, Browne, Buchanan, Donovan, Frazey, and Sidhu (6)
43 Nays: None(0)
44 Absent: Byrd (out of the room) (1)
45
46 2. AB2019-235 APPOINTMENT TO THE WILDLIFE ADVISORY
47 COMMITTEE, APPLICANT: TREVOR DELGADO (COMMITTEE ADVISES THE
48 WHATCOM COUNTY PLANNING AND DEVELOPMENT SERVICES DEPARTMENT
49 STAFF AND THE WHATCOM COUNTY COUNCIL ON THE VALUE OF WILDLIFE
50 AND HABITAT MANAGEMENT ISSUES AS THEY RELATE TO THE WHATCOM
51 COUNTY COMPREHENSIVE PLAN)
52
53 Donovan moved to appoint Trevor Delgado.
Regular County Council Meeting, 5/7/2019, Page 6
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Browne, Buchanan, Donovan, Frazey, and Sidhu (6)
Nays: None(0)
Absent: Byrd (out of the room) (1)
3. AB2019-240 APPOINTMENT TO THE SURFACE MINING ADVISORY
COMMITTEE, REPRESENTING FORESTRY, APPLICANT: AUBREY STARGELL
(COMMITTEE ADVISES THE WHATCOM COUNTY PLANNING AND
DEVELOPMENT SERVICES DEPARTMENT AND THE WHATCOM COUNTY
COUNCIL ON IMPLEMENTING A SURFACE MINING REGULATORY PROGRAM
CONSISTENT WITH THE COMPREHENSIVE PLAN)
Brenner moved to appoint Aubrey Stargell.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Browne, Buchanan, Donovan, Frazey, and Sidhu (6)
Nays: None(0)
Absent: Byrd (out of the room) (1)
4. AB2019-242 APPOINTMENT TO FILL ONE VACANCY ON THE BUSINESS
AND COMMERCE ADVISORY COMMITTEE, REPRESENTING FOR -PROFIT,
APPLICANTS: MR. DANA WEBER, MS. VALERI WADE, AND SARAH
ROTHENBUHLER (NO TWO APPOINTED MEMBERS MAY REPRESENT OR BE
EMPLOYED BY THE SAME COMPANY OR ORGANIZATION)
Councilmembers discussed whether or not to consider a representative from a non-
profit agency.
Donovan moved to nominate all applicants.
The motion to nominate and consider all applicants carried by the following vote:
Ayes: Buchanan, Donovan, Frazey, and Sidhu (4)
Nays: Brenner, Browne, and Byrd (3)
Buchanan voted for Ingram.
Frazey voted for Wade.
Brenner voted for Rothenbuhler.
Browne voted for Rothenbuhler.
Donovan voted for Ingram.
Byrd voted for Rothenbuhler.
Sidhu voted for Rothenbuhler.
Regular County Council Meeting, 5/7/2019, Page 7
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The Council appointed Sarah Rothenbuhler.
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3
4
INTRODUCTION ITEMS
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6
Buchanan moved to accept Introduction Items one through seven.
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8
The motion was seconded.
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Councilmembers discussed the next steps for the last Introduction Item, AB2019-
11
285,
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Buchanan withdrew item seven.
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15
The motion to introduce items one through six carried by the following vote:
16
Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu (7)
17
Nays: None (0)
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1.
AB2019-249 ORDINANCE AMENDING WHATCOM COUNTY CODE TO
20
RESTRUCTURE THE PUBLIC HEALTH ADVISORY BOARD
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22
2.
AB2019-263 ORDINANCE AMENDING THE 2019 WHATCOM COUNTY
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BUDGET, REQUEST NO. 7, IN THE AMOUNT OF $907,787
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25
3.
AB2019-265 ORDINANCE AMENDING THE PROJECT BUDGET FOR THE
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PUBLIC SAFETY RADIO SYSTEM FUND, REQUEST NO. 1
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4.
AB2019-261 RECEIPT OF APPLICATION FOR THE BUSINESS AND
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COMMERCE ADVISORY COMMITTEE, REPRESENTING HEALTH CARE
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INDUSTRY, APPLICANT: DEBBIE AHL (COMMITTEE ADVISES THE WHATCOM
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COUNTY COUNCIL ON ISSUES THAT COULD IMPACT LOCAL BUSINESSES,
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INDUSTRY, OR ECONOMIC DEVELOPMENT; APPLICATION DEADLINE FOR
33
THIS VACANCY IS 10:00 A.M. MAY 14, 2019)
34
35
5.
AB2019-268 RECEIPT OF APPLICATIONS FOR THE SURFACE MINING
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ADVISORY COMMITTEE, APPLICANTS: LESLIE DEMPSEY (REPRESENTING
37
CITIZEN WHO LIVES IN CLOSE PROXIMITY TO ACTIVE MINING OR MINERAL
38
OVERLAY AREA), HARVILL FREELAND AND SCOTT HULSE (CIVIL OR GEO-
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TECHNICAL ENGINEER WITH NO DIRECT OR INDIRECT FINANCIAL
40
BUSINESS TIES TO THE INDUSTRY), BRAD DAVIS (SURFACE MINING
41
MATERIAL USER) (THIS COMMITTEE ADVISES THE WHATCOM COUNTY
42
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT AND THE WHATCOM
43
COUNTY COUNCIL ON IMPLEMENTING A SURFACE MINING REGULATORY
44
PROGRAM CONSISTENT WITH THE COMPREHENSIVE PLAN; APPLICATION
45
DEADLINE FOR THESE VACANCIES IS 10 A.M. MAY 14, 2019)
46
47
6.
AB2019-272 RECEIPT OF APPLICATION FOR THE FORESTRY
48
ADVISORY COMMITTEE, FOREST PRODUCT MANUFACTURER
49
REPRESENTATIVE, TERM ENDING 1/31/2023, APPLICANT: ERIC JACOBY
50
(COMMITTEE PROVIDES REVIEW AND RECOMMENDATIONS TO THE
51
WHATCOM COUNTY COUNCIL ON ISSUES THAT AFFECT THE FORESTRY
52
INDUSTRY; APPLICATION DEADLINE FOR THIS VACANCY IS 10A.M. MAY 14,
53
2019)
Regular County Council Meeting, 5/7/2019, Page 8
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7. AB2019-285 ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 3,
REQUIRING THAT PUBLIC FUNDS USED FOR CONSTRUCTION PROJECTS DO
DOUBLE DUTY BY ALSO PROVIDING APPRENTICES WITH JOB TRAINING
HOURS TO MEET THE REQUIREMENTS NECESSARY TO BECOME THE NEXT
GENERATION OF SKILLED TRADES PERSONS
Donovan moved to accept the item for Introduction.
The motion was seconded.
Councilmembers discussed which committee should be assigned review and
discussion of this item.
Browne moved to amend the motion to accept and to assign the item to the
Finance and Administrative Services Committee.
The motion was seconded.
The motion to assign to the Finance and Administrative Service Committee carried by
the following vote:
Ayes: Browne, Donovan, Frazey, and Sidhu (4)
Nays: Buchanan, Byrd, and Brenner (3)
Councilmembers discussed the process for assigning items to committee.
Brenner moved to reconsider. The motion was not seconded.
The motion to accept the item for Introduction failed by the following vote:
Ayes: Browne, Donovan, and Frazey (3)
Nays: Brenner, Byrd, and Buchanan (3)
Abstains: Sidhu (1)
Donovan moved to accept the Introduction Item with no committee assignment.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Browne, Buchanan, Donovan, Frazey, and Sidhu (6)
Nays: Byrd (1)
COMMITTEE REPORTS OTHER ITEMS AND COUNCILMEMBER UPDATES
Committee chairs gave committee reports.
Councilmembers gave updates on recent activities and upcoming events.
Regular County Council Meeting, 5/7/2019, Page 9
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ADJOURN
The meeting adjourned at 9:36 p.m.
The County Council approved these minutes on May 21, 2019.
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Jill Nixon, Minu es`Transcription
WHATCOM COUNTY COUNCIL
WHATC M OUN , WASHINGTON
A-
Rud Browne, Council Chair
Regular County Council Meeting, 5/7/2019, Page 10