HomeMy WebLinkAboutPublic Works January 27 2004DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
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WHATCOM COUNTY COUNCIL
Public Works and Capital Projects Committee
January 27, 2004
Committee Chair Barbara Brenner called the meeting to order at 1:00 p.m. in
the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
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Present: Absent:
L. Ward Nelson None
Sam Crawford
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Also Present:
None
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SPECIAL ORDER OF BUSINESS
1. ELECTION OF COMMITTEE CHAIR (AB2004-023)
Nelson nominated Brenner.
Motion carried 2-0 with Crawford out of the room.
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL –
COMPREHENSIVE PLAN
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1. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
COMPREHENSIVE PLAN AND ZONING ORDINANCE RELATING TO
ESSENTIAL PUBLIC FACILITIES (AB2003-075B)
Matt Aamot, Senior Planner, stated he would address opium substitute
clinics. The Council should approve one zoning district where the clinics can be
approved. He would also address the January 12, 2004 language regarding airport
siting. Finally, he would address secure community transition facilities.
Jackie Mitchell, Substance Abuse Coordinator, stated she was asked to help
answer questions about methadone clinics. The Substance Abuse Advisory Board
has been involved with this issue. It developed a task force that merged with the
Public Health Advisory Board and developed the needle exchange program. More
recently, it conducted a number of community forums on the issue. Eventually, it
discussed the change in the law with the Board of Health.
Her office receives an increasing number of calls from addicts and their
family members asking why the opiate substitution clinic alternative is not
Public Works and Capital Projects Committee, 1/27/2004, Page 1
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
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available in Whatcom County. Many addicts have found some assistance with
becoming productive members of society through this method of treatment.
Dick Jones, Division of Alcohol and Substance Abuse (DASA) Regional
Administrator, stated the Council should be complimented for starting this process
now. Before giving out a clinic’s license, the State won’t site a facility. The County
has to determine where the facility will go. When that’s in place, the State will
issue the license.
Crawford asked if DASA has a projection or speculation on whether this
service would come to Whatcom County. Jones stated there is interest in Whatcom
County. They haven’t yet done a formal needs assessment for Whatcom County.
Norman Johnson, Therapeutic Health Services Executive Director, Seattle,
stated he has four clinics under his administration. There are nine people they
know of that drive every day from Bellingham to Seattle to the clinic. He’s worked
with Snohomish County for 7.5 years to get services there. There are 250 clients
that come from areas north of King County to the Shoreline clinic. As of tomorrow,
100 clients will be transferred into the new Everett facility. From a treatment
perspective, it’s reasonable to have the services in an area closer to these people.
He met with Lummi Nation representatives recently about assisting them with
getting services. The ideal thing for a community would be to use physicians.
Physicians can treat up to 30 clients.
Crawford stated the Lummi Nation has said it has a zero tolerance policy,
and would banish anyone from tribal areas who violates the policy. He’s confused
about how an opiate substitution service would fit in with that zero tolerance
policy. Johnson stated the tribe was considering a clinic a month ago when he
discussed it with the tribe.
Crawford asked the other county’s role with working with the Stillaguamish
Tribe. Johnson stated his agency provides medical services for the Stillaguamish
Tribe’s clinic. It’s an opiate substitution clinic in Arlington.
Crawford asked if that county played a role in permitting the clinic because
it was on the reservation. Johnson stated it did play a role. The monies from the
federal government went to the State, then to the County, and then to the tribe.
Crawford asked if the Lummi Nation could operate exclusively. Johnson
stated the siting issue is a major issue for the County.
Brenner stated they should ask the Lummis those questions.
Johnson stated that siting is complex, but it can be done to meet the needs
of the community.
Public Works and Capital Projects Committee, 1/27/2004, Page 2
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
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David Kurtz, Department of Alcohol and Substance Abuse Certification
Section Supervisor, stated DASA consulted with Snohomish County on the
Arlington facility, but the clinic does operate independently because it is on tribal
grounds. The clinic still had to meet the standards of the State and federal
government.
Crawford asked if all the clients served are tribal. Kurtz stated they are not.
They can serve other people. His determination of need for Snohomish County
was that the county needs three programs. If a fourth program ever applies, the
question would be whether the tribal program is considered in the county. The
County would have to convince him that there’s need for a fourth program, not the
other way around.
Brenner asked if the State would not challenge the County’s siting policies.
Kurtz stated the rule has always been that the clinic needs the business license
from the community, which means the clinic needs to comply with siting
regulations.
Brenner stated that if Whatcom County doesn’t have locational criteria in
place, the clinic could go anywhere. Kurtz stated it would have to fit in some
category for a business.
Crawford stated it would be helpful for the Council to know the difference
between methadone treatment and other substance abuse treatment centers.
Kurtz stated they have to meet the same standards. The only difference is that
methadone treatment clinics give out a prescription drug, prescribed by a
physician. Also, people have fears about that population. However, the fears are
unsubstantiated.
Brenner asked if there have ever been any problems from substance abuse
treatment centers. Kurtz stated he’s never had a single complaint about any
methadone treatment program by a business or neighbor. He’s had complaints
from clients or staff, but not neighbors. He’s heard of discussions about it, but
they were never issues that the State had to resolve. They’ve been resolved by
the local business.
Johnson stated there have been complaints, in his experience. One example
is a group of people on public assistance who come to the clinic in the morning,
have children, and don’t rush back to a job. They may go to McDonald’s or
Starbucks for a cup of coffee, and linger for 90 minutes or more. He’s gotten calls
from businesses as far away as three and a half miles. Whenever his agency goes
into a community, he meets with the local business people. Parking is also a
concern. There is one complaint he will look at about keeping people quiet
because they open at 6:00 a.m. Complaints are usually handled quickly, and don’t
get to the State.
Public Works and Capital Projects Committee, 1/27/2004, Page 3
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
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Crawford stated they may want to consider accessibility when siting a
facility. Johnson stated there is a concern that there needs to be access, as any
business would need. There needs to be parking places. A lot of the siting
problem is due to the clinic’s image. They can control the comings and goings of
the clients by timing. Studies show there is no increase in crime, no major
loitering, and in some cases it made the issues better because there was
treatment. The most important action the State has done was to require local
hearings on siting a facility. The community needs to be educated.
Brenner asked Mr. Johnson for ideas of areas that work better than other
areas. Johnson stated there is a federal discrimination law about locating these
clinics. Whenever there’s been a lawsuit against a community, the clinics have
one. They don’t want to get into that. There are things they can look at. They
want to allow easy access.
Brenner asked why the County is doing this if clinics win all lawsuits about
siting. Kurtz stated the issues are regarding the Americans with Disabilities Act
(ADA) accessibility.
The clinics are first a certified treatment program, regulated by Federal Drug
Enforcement Administration, the Federal Substance Abuse and Mental Health
Services Administration, Washington State Division of Alcohol and Substance
Abuse, State Department of Social and Health Services, State Board of Pharmacy,
and the nationally recognized opiate treatment accreditation body. The State of
Washington was the first State to be approved as the first accreditation body. It is
an alternative to the national accreditation body. Treatment is a medically
supervised out-patient program. Treatment provides medical examinations,
monitoring, medication management, counseling, urinalysis, and referrals to other
social services. Staff includes physicians, nurses, administrative personnel, and
chemical dependency professionals. Dispensaries are usually open as early as
5:30 a.m., so people can go to work. Other types of counseling is scheduled at
other times of the day. In 2003, 51 percent of the patients in Washington State
were publicly funded. The rest were paid privately. The median age of the clients
is 43. The median age of first-time use is 21. Half were male. Thirteen percent
were employed. Thirty four percent had been arrested the previous year. Twenty-
two percent had children at home. Seventeen percent were homeless.
From 2002 data, they know property crimes were reduced by 64 percent.
Emergency room visits decreased by 51 percent. Overall arrest rates declined by
63 percent. Drug offense arrests dropped by 81 percent.
There is no evidence that crime increases in the community. It decreases.
Patients receiving treatment show a marked reduction in criminal activity.
Brenner asked for the data that shows crime rates actually go down. That’s
hard to believe.
Public Works and Capital Projects Committee, 1/27/2004, Page 4
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
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Jones stated that he would provide the data that is used to do the needs
assessment.
Brenner asked for parameters on the locational criteria that might make it
more palatable.
Kurtz stated there’s no special need for a treatment center to be located
near emergency medical or hospital services. Public transportation is essential.
Most of the clients are low income.
Brenner asked about the level of bus service. Local bus service from
outlying areas runs once every hour or two. Kurtz stated the clinic needs bus
service to arrive there early in the morning.
Brenner asked for information on available bus services at existing facilities.
Kurtz stated loitering can be an issue. Businesses have dealt with the issue
business-to-business. Some programs have firm policies about not loitering.
Lynnwood agreed to hire their own security personnel to discourage loitering.
In 2003, the total patient count for Whatcom County is about 292 that are
currently in treatment.
Crawford asked if there is a possibility that a facility in Whatcom County
would attract local users who are not currently in treatment. If they locate the
service here, some of the folks currently on the street have more accessibility to
the service. He asked if the statistics would go up because of that. Mitchell stated
the needle exchange program services people who live here locally. It had 400
visitors last year. Of that, 75 percent are heroin users. There are a number of
people in Whatcom County who are not in treatment.
Kurtz stated the challenge for Whatcom County would be to sustain a
program. There is a small population base. The Washington Administrative Code
(WAC) requires the business to work with the jurisdiction to come up with an
appropriate site before submitting a permit application.
(Clerk’s Note: End of tape one, side A.)
Dac Jamison, Bellingham Police Department and Substance Abuse Advisory
Board Member, stated the City is working on siting. One question is how
treatment prevents crime. When someone is addicted, they plan a crime to get
their drug. While in the program, the client is seeking treatment. It does reduce
crime because a person being treated isn’t needing the heroin until they get to
lower doses.
Nelson asked a person’s responsibility once accepted into the treatment
program. Jamison stated that person has to follow the rules of the treatment
Public Works and Capital Projects Committee, 1/27/2004, Page 5
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
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program. That person knows that taking other opiates at the same time is
extremely dangerous. They’ve had quite a few people use them together, with
fatal results.
Brenner stated she didn’t know that methadone was an opiate. She thought
it is something that keeps a patient from craving heroin. Jamison stated when
someone is on a high-enough dosage, they don’t have the need for heroin. That
doesn’t mean the patient won’t try to use something to enhance the treatment
when the dose becomes low enough in the system. The purpose of the program is
not to get someone high.
Johnson stated that the treatment doesn’t take the craving away. It’s a
blocking agent. If they use an opiate, the patient won’t feel it.
Jamison stated there’s no reason to take an opiate drug because they won’t
get the high unless they have a lower dose of methadone. The methadone is a
blocker.
Crawford asked if the County could determine that the best location is in the
city. Aamot stated most counties and cities have to plan for essential public
facilities. The County has to allow a location, even if it won’t ever be used.
Brenner asked if there would be County involvement through the Health
Department. Jamison stated the money comes the same way through DASA. The
Health Department would be involved.
Johnson stated that if the location is in the county, the clinic has to meet
County standards. If in the city, it has to meet City standards, and the County
isn’t involved.
Crawford stated he has felt like the County hasn’t taken a proactive position
in the County. The State representative has told the County that it needs to have
siting criteria, or it may have problems. He asked what the County Council should
do next. Jamison stated the County Council and City Council should each identify
an area where they have to allow a clinic. Approve an ordinance that isn’t
restrictive, and that can deal with the current and future aspects of the situation.
Clinics aren’t the focal point of crime, which is a large misconception about them.
Brenner asked about creating the clinic at the hospital. Jamison stated the
hospital has been moving away from health maintenance programs and focusing
on immediate care.
Brenner stated there might be fewer concerns by neighbors if the site is
located in areas where there are already medical facilities. She asked if that’s
been discussed. Jamison stated it hasn’t. The hospital benefits greatly from a
methadone clinic. Emergency room use goes down.
Public Works and Capital Projects Committee, 1/27/2004, Page 6
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
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Nelson stated most siting criteria for mental health crisis facilities is a
conditional use. Aamot stated it can be allowed as a conditional use.
Brenner asked about the change in appendix C on Council packet page 317.
For the category of substance abuse and mental health group homes, the County
doesn’t require conditional use permits anyway. They are either allowed or not
allowed. She asked why the County doesn’t make them a conditional use. Aamot
stated it is a function of the federal Fair Housing Act. If it’s similar in size to a
residential use permitted in the zone, they have to allow it. If it is larger than a
residential use, the County can require a conditional use.
Crawford stated the County plans for certain categories listed in appendix C
on packet page 317. He asked if it means that the State will look at other
categories if the County is silent on the opiate substitution treatment facilities.
Kurtz stated the treatment center needs to obtain a business license from the
County first. It needs to meet local ordinances first. The State wouldn’t site
something that doesn’t meet local ordinances. A provider would have already
negotiated a site with the jurisdiction before going to the permit stage at the State.
Jones stated that to make it clean, put the word “opiate” in the category
heading. The State isn’t doing anything until the County gives an okay.
Brenner stated this would be held in committee for two weeks.
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OTHER BUSINESS
ORDINANCE AMENDING WHATCOM COUNTY CODE 2.02.150,
REGARDING WHATCOM COUNTY COUNCIL STANDING COMMITTEES
(AB2004-028)
Brenner stated she’s okay with the name change to this committee, but is
happier with “Capital Projects, Public Works, and Public Safety Committee”
Nelson stated public works is the same as capital projects.
Brenner stated she’s fine with the name change.
Nelson stated there has been lots of discussions regarding criminal justice
and jails. It uses over 50 percent of the County’s budget. There is no committee
to discuss it specifically. It falls into the category of public works.
Brenner moved to recommend approval to the full Council.
Crawford asked if it includes anything to do with courts, sheriff, prosecutor,
and jail.
Public Works and Capital Projects Committee, 1/27/2004, Page 7
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
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Nelson stated it does.
Motion carried unanimously.
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COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. COMMITTEE DISCUSSION REGARDING THE POSSIBLE DRAFTING OF
A PROPOSAL TO CHANGE THE PROCEDURES FOR SCHEDULING
AGENDA ITEMS FOR THE 2004 JOINT LAKE MANAGEMENT
COMMITTEE MEETINGS (AB2004-064)
Brenner stated she’s in favor of making changes. She asked who would
draft the change.
Bruce Roll, Water Resources Division Manager, stated he would draft
changes, but he needs guidance.
Nelson stated they waste a lot of time in these meetings. They want the
ability for the legislative bodies to meet together without a broad range of
administrative input. Administrations can provide staff to answer questions. The
last few meetings have been taken up by administrative talk.
Roll stated the interlocal agreement specifies the contents of the meetings.
Staff has attempted to cover those items.
Brenner stated what’s been happening at the meetings is that
councilmembers received information the day before the meeting about boating on
the lake. A lot of people come to the meeting because they are concerned about
that issue. Then at the meeting, staff tells them that item won’t be discussed.
Part of the problem is the lack of ability to have an efficient meeting.
Crawford stated the first three bulleted items of the agreement have been
done well. The staffs of the City and County do good jobs. The concern is with the
last two bulleted items. Legislators are at a loss about making formal
recommendations and making plans for the lake. They did have issues that each
of the three elected bodies took votes on. The meetings have defaulted to the first
two or three bulleted items.
Nelson stated there is no dialogue among the legislative bodies at those
meetings. They get input from staff, but there is no discussion among the
legislators.
Brenner agreed. That’s the number one problem. There’s no time for a
dialogue. It would be helpful for each individual council to meet with its staff a
week or two before the meetings. Roll stated staff can work on providing
information ahead of the meetings.
Public Works and Capital Projects Committee, 1/27/2004, Page 8
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
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Brenner stated it’s not appropriate for Mayor Asmundson to decide from
whom they do and do not take input.
Crawford stated it’s a good opportunity to be informed about a lot of stuff.
The main things that really happen during the meetings are bullet points one and
two in the agreement. He asked what they could do to change the problem.
They’re getting an informational session where all three legislative bodies hear the
same information.
Brenner stated she wants to know at least a week ahead of time what’s
really on the agenda. Stick to an agenda. They need predictability about what
they’re going to discuss. It would be helpful for each body to have individual
meetings to hash out a lot of this stuff ahead of time. Roll stated the last bullet
point item in the agreement is the five-year plan, which is to be redone this year.
That’s why they don’t see that item on the agenda at every meeting. Staff just
tries to report on its program plans for that year.
Nelson stated the problem may be just with how the meetings are run. At
the most recent meeting, the legislators had to fight to allow the public to provide
input. That’s one of the reasons for the councils to meet. Make sure the public
has time to address the councils.
Steve Martini, resident, stated there’s a growing sense of concern from
people living on the lake and in the watershed. This is one of the issues of
concern. The public has no idea about what’s on the agenda of these meetings.
The boat issue has people up in arms. There is serious discussion about forming a
countywide citizen committee to work on this and other issues. Some of them who
were unaffected by the downzone reviewed the process. The Council’s decision to
not allow density credits was wrong. These kinds of issues and procedures do
affect people. If people don’t know what’s going on, it’s hard to get involved.
People show up at a meeting angry because they don’t know what’s going on.
Brenner stated this is an issue that they have to do something about.
Nelson stated the procedures of the interlocal agreement should be followed.
He was very frustrated because it was a waste of his and the public’s time.
Roll stated he’s hearing that they need a more structured format for the
public and that they should give the legislators information ahead of time.
Brenner stated don’t change the agenda at the last minute.
Roll stated the boating issue was on the agenda as an update.
Brenner stated that if something is on the agenda, they need time to
respond.
Public Works and Capital Projects Committee, 1/27/2004, Page 9
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
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2. DISCUSSION REGARDING WHATCOM COUNTY SOLID WASTE
ADVISORY COMMITTEE’S REQUEST FOR DIRECTION REGARDING THE
DRAFTING OF PROPOSED REVISIONS TO THE MANDATORY
COLLECTION ORDINANCE (AB2004-085)
Brenner stated they have to fix the exemption process. Don’t get rid of the
exemption process. She sees the garbage on the road on the garbage pickup
days. That’s unfortunate. There are people who live in the county, have an
exemption and who handle their garbage responsibility. If people aren’t being
responsible, deal with those people. They need to be responsible. She asked the
legal recourse if someone isn’t dumping their garbage responsibly.
Nelson stated he filed for exemption many years ago. It was the only time
he ever filed. Hauling waste material is an option for people in the rural areas. If
they do away with exemptions, they will eliminate some recycling, also.
Brenner agreed that recycling will be reduced.
Crawford asked the process of exemption.
Jeff Monsen, Public Works Director, stated that when mandatory collection
was put into place, there was the assumption of revenue generation to finance
these kinds of administrative activities, through tipping fee surcharges. That’s
been eliminated as an option. They now finance administrative activities through
an excise tax only if a person has a collection service. There is motivation for
mandatory collection for revenue reasons. There has always been substantial
support of creating an exemption process rather than strong-arming everyone into
having a collection service.
Brenner stated she doesn’t have a problem being charged the cost of being
tracked. Monsen stated he doesn’t know how much that would be. The agreement
between the County and cities regarding mandatory collection was an equity issue
between rural and incorporated populations. The real challenge in the shift from a
surcharge to an excise task was to create the database of who in the un-
incorporated area can have collection service and an exemption. It would require
one to one and a half full-time equivalent (FTE) employees just to manage the
database. If there are 17,000 self-haulers, it would cost about $100,000 to simply
manage the database. It’s an ongoing operation because they’re talking about
managing a database of who lives where. Cities already have that database
management because they’re in the utility business. The County tracks property
owners, not residences.
Brenner stated that if they manage the database by property instead of by
who is currently living at the residence, the liability is still with the property owner
rather than the resident. Monsen stated that concept has never been proposed.
The decision of past discussions has been to not finance such a program.
Public Works and Capital Projects Committee, 1/27/2004, Page 10
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
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Brenner asked if it would be simpler to track it by property owner.
McShane stated the Solid Waste Advisory Committee is asking if the Council
wants the Solid Waste Advisory Committee to work on that problem. There is no
discussion of solutions yet. The committee wants to keep checking in as it
continues to work on the problem to make sure it’s going in the direction the
Council wants it to go. The committee doesn’t know the solution yet. It wants to
keep contact with the Council.
Monsen stated the department supports revisiting this issue.
Brenner stated she would like the committee to come up with three or four
alternatives, including allowing exemptions.
McShane stated the committee would explore three or four alternatives
generally, but not in much detail. It would keep coming back to the Council to stay
on track.
Crawford asked the characterization of this as a problem. He asked if there
is a disparity that’s growing between folks who have collection and those who
don’t. He asked if fiscal needs are not being met. Monsen stated one issue the
advisory committee raised was that aggressive activity curbside improves recycling
rates. That’s part of the motivation for bringing this item forward. He wants to
make sure the Council is aware of operational issues to deal with this. His
motivation is that the County Code says they’re going to do this, and they’re not.
It’s a budgeting process decision to not finance the effort.
Nelson asked where the estimate of 17,000 un-exempted self-haulers comes
from. Monsen stated the estimate has been around for awhile. It was re-
introduced through the recycling potential assessment.
Brenner moved to request that the SWAC come up with alternatives that
include continuing some type of exemption for solid waste collection.
Crawford stated he’d like to see the existing ordinance to see specifically
what the County is not doing. Until then he would vote against the motion.
Brenner withdrew her motion. She asked to schedule this item again in
two weeks to discuss the existing ordinance.
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ADJOURN
The meeting adjourned at 3:04 p.m.
Public Works and Capital Projects Committee, 1/27/2004, Page 11
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Public Works and Capital Projects Committee, 1/27/2004, Page 12
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Jill Nixon, Minutes Transcription
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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Dana Brown-Davis, Council Clerk Barbara Brenner, Committee Chair