HomeMy WebLinkAboutCounty Council May 16 20171 WHATCOM COUNTY COUNCIL
2 Regular County Council Meeting
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4 May 16, 2017
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6 CALL TO ORDER
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8 Council Chair Barry Buchanan called the meeting to order at 7:00 p.m. in the Council
9 Chambers, 311 Grand Avenue, Bellingham, Washington.
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12 ROLL CALL
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14 Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd
15 Donovan, Rud Browne and Barry Buchanan.
16 Absent: None.
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19 FLAG SALUTE
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22 ANNOUNCEMENTS
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25 MINUTES CONSENT
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27 Browne moved to approve the Minutes Consent items.
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29 Browne withdrew item seven.
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31 The motion was seconded.
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33 The motion carried by the following vote:
34 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
35 Nays: None (0)
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37 1. SPECIAL COMMITTEE OF THE WHOLE FOR MARCH 21, 2017
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39 2. REGULAR COUNTY COUNCIL FOR MARCH 21, 2017
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41 3. SPECIAL COMMITTEE OF THE WHOLE FOR APRIL 4, 2017
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43 4. REGULAR COUNTY COUNCIL FOR APRIL 4, 2017
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45 S. SURFACE WATER WORK SESSION FOR APRIL 11, 2017
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47 6. SPECIAL COMMITTEE OF THE WHOLE FOR APRIL 11, 2017
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49 7. BOARD OF HEALTH FOR APRIL 25, 2017
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51 Brenner moved to approve the minutes.
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53 The motion was seconded.
Regular County Council Meeting, 5/16/2017, Page 1
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2 The motion carried by the following vote:
3 Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6)
4 Nays: None (0)
5 Abstains: Browne (1)
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8 PUBLIC HEARINGS
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10 1. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 3.02.040 AND
11 REPEALING CHAPTER 3.09, REGARDING AUDITOR DUTIES (AB2017 -151)
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13 Debbie Adelstein, County Auditor, gave a staff report on proposed changes regarding
14 the internal audit system, which the State Auditor's Office now does.
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16 Buchanan opened the public hearing, and the following person spoke:
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18 Joy Gilfilen stated she has concerns with repealing the auditing duty from the County
19 Auditor, due to the imbalance of power between the County Executive and County Council.
20 The State Auditor represents the State, not the County.
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22 Hearing no one else, Buchanan closed the public hearing.
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24 Browne moved to hold in Council for two weeks to get more information from
25 Auditor Adelstein and Civil Prosecutor Dan Gibson.
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27 The motion was seconded.
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29 The motion to hold failed by the following vote:
30 Ayes: Browne (1)
31 Nays: Weimer, Brenner, Mann, Sidhu, Buchanan, and Donovan (6)
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33 Mann moved to adopt the ordinance.
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35 The motion was seconded.
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37 The motion carried by the following vote:
38 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
39 Nays: None (0)
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41 2. ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE
42 POINT ROBERTS CHARACTER PLAN, AND AMEND WHATCOM COUNTY CODE
43 20.72, POINT ROBERTS SPECIAL DISTRICT, TO ADOPT THE POINT ROBERTS
44 DESIGN GUIDELINES (AB2017 -152)
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46 Buchanan opened the public hearing, and the following people spoke:
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48 John Lesow referenced an email he sent to the Council and suggested changes. He
49 stated prohibit new single family homes in the small town commercial district. Also,
50 reference the most current Point Roberts Character Plan.
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52 Steve Wolff stated require that all text amendments be approved unanimously by
53 the technical committee.
Regular County Council Meeting, 5/16/2017, Page 2
Joel Lantz, Point Roberts Community Advisory Committee Chairman and Point
Roberts Registered Voters' Association President, stated the Advisory Committee asks the
Council to adopt the ordinance, remove references to the Character Plan, allow flexibility,
and reduce redundancy of having two documents that say the same thing. Add the current
Character Plan as an addendum to Whatcom County Code (WCC) 20.72.
Hearing no one else, Buchanan closed the public hearing.
Mann moved to forward for concurrent review.
Mark Personius, Planning and Development Services Department, answered
questions about the process for making changes. The proposed changes are procedural,
not substantive. Staff will assist the community in updating its Character Plan, which could
be incorporated into the code and Comprehensive Plan.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
3. ORDINANCE ADOPTING WHATCOM COUNTY COMPREHENSIVE PLAN
AMENDMENTS RELATING TO THE CHERRY POINT URBAN GROWTH AREA
(AB2017 -063A)
Mark Personius, Planning and Development Services Department, gave a staff report
on the most significant policy changes:
• Policy 2CC -2 encourages developments in Cherry Point urban growth area (UGA)
to operate under plans consistent with the State's aquatic reserve management
plan.
• Policy 2CC -3 encourages clean or reduced carbon emission technology, avoidance
of wetlands, inclusion of archeological review, inclusion of water, inclusion of
water recycling, and enhancing existing and future industries in the Cherry Point
UGA.
• Policy 2CC -11 limits the number of industrial piers at Cherry Point, while
honoring vested rights and legally - enforceable agreements for an additional pier.
• Policy 2CC -15 encourages federal agencies to enforce the Magnuson Amendment.
• Policy 2CC -16 recommends a study of legal ways the County could limit negative
impacts from fossil fuel exports.
• Policy 2CC -17 states that nothing in the new policies shall limit the existing
operations or maintenance of existing facilities in the Cherry Point UGA.
Buchanan opened the public hearing, and the following people spoke:
Brian Estes stated he supports the proposed amendments in the ordinance. Balance
economic development with finite resources.
Dena Jensen stated she supports the proposed amendments in the ordinance.
Promote a healthy ecosystem, preserve jobs, and save farms.
Sandy Robson stated the Land Use chapter does not adequately reference the Lummi
treaty rights. She supports the Cherry Point amendments.
Regular County Council Meeting, 5/16/2017, Page 3
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2 Warren Sheay stated he supports the Cherry Point amendments. The planet's
3 environment is endangered. They are obligated to protect the environment for future
4 generations.
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6 Steve Garey stated he supports the effort to prohibit the export of crude oil at
7 Cherry Point and the proposed amendments regarding Cherry Point.
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9 Bob Allendorfer, Cherry Point /BP Refinery Manager, stated they oppose the proposed
10 changes because they will damage the company's ability to flourish and target the energy
11 sector. No one does this work safer and more efficiently. The language about liquefied
12 petroleum gas and natural gas should be removed from the ordinance. The company
13 provides millions of dollars in tax revenue and living wages to the local community.
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15 Ronna Loerch stated she supports the proposed amendments in the ordinance, which
16 builds on current law, creates jobs, and honors the rights of diversity and nature.
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18 Peter Willing stated don't follow in the footsteps of the State of Wyoming. He
19 supports treaty rights, the Magnuson Amendment, and the proposed amendments in the
20 ordinance.
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22 Peter Holcomb stated he supports the amendments, which are a compromise with
23 economic development. As elected officials, the councilmembers are trustees of the
24 common property, including land and water, and must protect its value.
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26 Virginia Malmquist stated she supports the proposed amendments in the ordinance.
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28 Patrick Austin Freeland, Lummi Nation, stated he supports amendments that
29 recognize cultural and economic growth. The Cherry Point area is sacred to the Lummi
30 Nation. He supports the proposed amendments in the ordinance.
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32 Michael Wolf, Aegion Energy Services Senior Vice - Present, described his company
33 and background. Allow the local refineries to operate most efficiently, which will protect
34 their freedom and independence.
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36 Pete Romero, J.H. Kelley, described his company and stated many projects at Cherry
37 Point are clean projects. The refineries work very cleanly and provide living -wage jobs.
38 Jobs will be lost if the ordinance passes.
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40 Mike Kaufman stated he supports the proposed amendments in the ordinance.
41 People throughout the nation support strong environmental regulations for future
42 generations.
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44 Joe Murphy stated he works at the Phillips 66 refinery and is opposed to the
45 proposed ordinance. Trust the existing agencies that require rigorous, extensive permitting
46 processes. Don't restrict the industries from being able to compete in a global market.
47
48 Fred Kennedy stated he does not support the proposed amendments in the
49 ordinance. Don't restrict the businesses in the county.
50
51 Jean Carmea, League of Women Voters Advocacy Chair, stated they support the
52 proposed changes to the Comprehensive Plan regarding Cherry Point to protect the Salish
Regular County Council Meeting, 5/16/2017, Page 4
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Sea from oil spills and destroying the ecosystem. Train accidents will be minimized.
Protect treaty rights.
Derek Gremborn stated the Cherry Point refineries make positive impacts on the
environment. They are the cleanest and best in the world. Don't spend tax dollars on a
legal study. The restriction will put the businesses at a competitive disadvantage. Work to
change state and federal regulations, so they are not at a disadvantage locally.
Pete Sim stated he works on the BP Cherry Point environmental team. This process
did not collaborate with the impacted stakeholders. They must be able to have dependable
regulations so they can be competitive in the industry.
Charis Weathers stated she supports the proposed amendments in the ordinance.
They don't have the right to jeopardize existing species or treaty rights.
John Mutchler, Ferndale Mayor, stated he is opposed to the proposed ordinance.
Ferndale and its people will be negatively impacted.
Jayne Freudenberger submitted and read from her testimony (on file) and stated she
supports the proposed amendments in the ordinance. There are many other industries in
the community where people can work, valuable benefits would be lost if there is an oil spill,
and existing refinery jobs will not go away unless crude oil is shipped to other countries for
refining.
Natalie McClendon stated the proposed amendments acknowledge the challenges
and external restraints when making planning and development decisions. She supports
the proposed amendments in the ordinance. This is a policy document, not regulation.
John Risser, BP Cherry Point Refinery, stated don't limit growth options. The County
should partner with Cherry Point industries. He does not support the proposed
amendments in the ordinance. Delete policy 2CC -16.
Katy Welch stated she is opposed to proposed policies 2CC -11 and 2CC -16. BP
Cherry Point donates thousands of dollars to the community. Don't destroy jobs.
Elise McFaddon stated she is employed at Cherry Point. She does not support the
proposed amendments. The company supports many nonprofit organizations and provides
a living wage job to families.
Nick Hanson stated he is opposed to the proposed amendments to Cherry Point.
Don't restrict local industry from competing. Don't make regulations subjective and open to
legal challenges.
Pam Borso stated she supports the proposed amendments in the ordinance. The
policies are consistent with the Growth Management Act. They are not regulations. They
also protect the fishing industry. Promote alternative energy and protect Lummi treaty
rights.
Mike Sennett stated he supports the proposed amendments in the ordinance.
Protect the Lummi treaty rights and environment for future generations.
Ken Kaliher submitted and read from his testimony (on file) and stated he supports
the proposed amendments in the ordinance because he doesn't want remote companies to
Regular County Council Meeting, 5/16/2017, Page 5
1 impact Whatcom County. The companies refused to meet with the County or confirm they
2 would protect jobs. Protect natural resources and plan for future generations.
3
4 Dirk Vermeeren submitted and read from his testimony (on file) and stated he
5 supports the proposed amendments in the ordinance to protect the environment. The
6 amendments won't result in lost jobs. Implement a long -term plan for the future that
7 represents all stakeholders.
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9 Alex Ramel stated he supports the proposed amendments in the ordinance. The
10 policy is only aimed at new facilities that will export fossil fuels from Cherry Point, and will
11 protect the existing jobs at Cherry Point. Unions oppose crude oil exports.
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13 Barry Wenger stated he supports the proposed amendments in the ordinance and
14 the previous speaker, Mr. Ramel. Don't send crude oil and refinery jobs overseas.
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16 Spencer Palmer stated it's hard to find a job in Whatcom County, especially for
17 young people. Don't make it any harder. He does not support the proposed amendments
18 in the ordinance.
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20 Ria Bordian stated she works at the BP Cherry Point refinery. She does not support
21 the proposed amendments in the ordinance. Cherry Point businesses support local
22 nonprofit agencies. Assure that Cherry Point businesses continue to grow and compete.
23
24 Nick Sancrant, BP Cherry Point Refinery Human Resources Manager, stated he does
25 not support the proposed amendments. The refinery is committed to operating
26 environmentally safe, providing living -wage jobs, developing relationships with colleges in
27 the area, and supporting local families. There is a high demand for refinery jobs.
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29 Judith Akins, Mt. Baker Chapter of Sierra Club, submitted and read from her
30 testimony (on file) and stated they support the proposed changes in the ordinance. It is
31 policy, not regulation. There are no restrictions on the existing facilities.
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33 Pam Brady, BP Cherry Point, stated her company is a good steward of the
34 environment. Reject policy 2CC -16. Industries will be negatively impacted by the policy
35 and it will restrict their competitiveness. It will freeze their ability to export LPG and grow.
36 It is contrary to the Growth Management Act requirement to plan for growth.
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38 Scott McCreery described his work for BP Cherry Point Refinery as the head of
39 security for crisis management and emergency response and as a member of the Marine
40 Resources Committee and other environmental committees. The company takes seriously
41 its role as a steward of the environment. The company works to ensure they do not have
42 any oil spills and is prepared to respond to any spill that may happen. He also manages
43 tribal relations on behalf of the refinery.
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45 Bob Johnston stated he supports the proposed amendments in the ordinance. Toxic
46 substances can enter the environment and result in long -term contamination of the local
47 environment. Promote cleaner fuel sources. The proposal does not impose new
48 restrictions.
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50 Lynne Dulman stated she supports the proposed amendments in the ordinance.
51 Honor their responsibility to the public trust. Protect the air and water. Respect the Native
52 American heritage.
53
Regular County Council Meeting, 5/16/2017, Page 6
1 Jane Bright stated she supports the proposed amendments in the ordinance. It's
2 time to adopt the ordinance.
3
4 Ryan Kennedy stated BP Cherry Point Refinery is a safety leader and good
5 community member. He described the company's various safety measures.
6
7 James Ochoa stated he is a member of the emergency response team at Cherry
8 Point and described their unit and their expertise. The refinery is committed to safety.
9
10 Virginia Cleaveland submitted and read from her testimony (on file) and stated she
11 supports a cleaner environment. Protect against the fossil fuel economy and the potential
12 for a train derailment or pipeline explosion with tragic results. She supports the proposed
13 amendments in the ordinances.
14
15 Eddy Ury, ReSources for Sustainable Communities, stated they support the proposed
16 amendments in the ordinance to protect the economy, environment, Salish Sea, and other
17 resources. The County has the authority to set development conditions. To protect refinery
18 jobs, they must keep refining here, not ship unrefined crude oil overseas. Alternative
19 energy sources are developing and growing rapidly. Demand for toxic fuel is declining.
20
21 Rachel Lewis, BP Cherry Point Refinery Health and Safety Manager, stated the
22 refinery is very safe. They consider how to operate and invest in an environmentally and
23 socially acceptable way. She does not support the proposed amendments in the ordinance.
24 Future employment prospects are at risk. They must work together to transition to
25 different energy sources, such as natural gas. Don't fund the study to limit export of gas
26 and oil. Reject policy 2CC -16.
27
28 Brandon Millap stated he is a safety representative at BP Cherry Point Refinery. The
29 four companies at Cherry Point employ approximately 200 to 400 military veterans, which
30 helps lower the number of homeless veterans.
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32 Willie Truemper, BP Cherry Point employee, described his background and family and
33 stated he is opposed to the proposed amendments in the ordinance, particularly policy 2CC-
34 16. The councilmembers need to understand the oil industry.
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36 Joe Wilson stated he supplies steel fabrication to industrial sites, including the local
37 refineries. No facilities are safer or better environmentally - managed than those at Cherry
38 Point. He does not support the proposed amendments in the ordinance. It sends a bad
39 message to potential investors. Work with the refineries.
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41 Karen Brown stated the Council is destroying the county. She is opposed to the
42 proposed amendments in the ordinance. Green jobs don't provide living wages. The
43 refineries are safe. Don't spend $150,000 on the study. An interlocal agreement is not
44 legal.
45
46 John Huntley, Mills Electric President, stated he represents a coalition that supports
47 Cherry Point jobs. His company works with Cherry Point businesses. The County has not
48 listened to or worked with the businesses. His coalition has suggested amendments. He is
49 opposed to the proposed amendments that ban the fourth pier and fund a proposed study.
50 There is already a process for project review in the Cherry Point UGA.
51
Regular County Council Meeting, 5/16/2017, Page 7
Nathanial Maddux, IAMAW Local Lodge 2379 President, stated allow the Cherry Point
industries to continue to be environmental stewards. If they aren't allowed to expand, they
may not invest in capital maintenance. Trust them to take care of things the right way.
Rikki Smeltzer stated she does not support the proposed amendments in the
ordinance. They prevent the possibility of a fourth pier and future growth. These jobs
follow safety requirements and support thousands of jobs. Protect family wage jobs.
Kristal McKinstry stated she supports the proposed amendments in the ordinance.
Protect water, and prevent against inevitable tanker oil spills and other toxic pollution.
Larry Hildes stated he supports the proposed amendments in the ordinance. Don't
believe that BP Cherry Point is safe, environmentally sound, and will protect local jobs.
Doing a study won't cause any catastrophe.
Karen Weill stated she supports the proposed amendments in the ordinance and
protecting the environment, which the industries won't do. The industries will send the local
jobs overseas regardless of what the County does.
Chelsea Blank stated she supports the proposed amendments in the ordinance.
Respect treaty rights. Protect the environment. Focus on renewable energy.
Hanna Bridgham stated she supports the proposed amendments in the ordinance to
keep the environment clean for the future.
Bob McCarthy, BP Cherry Point Refinery, stated he is opposed to the proposed
amendments in the ordinance. Cherry Point industry contributes to multiple nonprofit
programs in the community.
Max Perry stated he does not support the proposed amendments in the ordinance.
Many people feel they aren't represented by the County Council.
Kim Feringer stated he supports the proposed amendments in the ordinance. There
is much less marine life than there used to be.
Alyssa Willis submitted a handout (on file) and stated she does not support the
proposed amendments or study. Cherry Point industries share an interest in environmental
stewardship and have an excellent environmental record. BP Global supports alternative
energy such as wind farms. There must be a transition process. Students in the
Bellingham Technical College (BTC) technical programs will be negatively impacted.
Ashley Butenschoen stated she does not support the proposed amendments in the
ordinance. Protect jobs.
June Coover stated she supports her industrial clients, which are sustainable
industries. She does not support the proposed amendments in the ordinance. The
industries must be able to expand and remain competitive.
Art DeBoer stated the Cherry Point refineries aren't as environmentally bad as recent
sewage problems spilling into the bay.
Dick Casper stated he supports the proposed amendments in the ordinance. He's
concerned about the safety of rail transport of raw materials to Bellingham.
Regular County Council Meeting, 5/16/2017, Page 8
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2 Eddie McCracken, BP Cherry Point Refinery, stated the County can't legally limit
3 crude or other exports to protect refinery jobs. Refineries only shut down and operate as
4 shipping terminals when the refineries no longer become viable. Ensure they remain good
5 investments for their companies. The companies provide much tax revenue for the
6 community.
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8 John Holstein stated he supports the proposed amendments in the ordinance.
9 Everyone against the amendments depends financially on the refineries.
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11 Patrick Alesse stated BP Cherry Point argued for and received a sharp reduction in
12 their property taxes recently.
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14 Shawn Kaylor stated he is opposed to the proposed amendments in the ordinance.
15 The refinery is a good steward of the environment. The amendments are a threat to limit
16 activities at Cherry Point. The study will result in many lawsuits. The refineries already
17 have a good working relationship with existing State agencies.
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19 John Ellis stated the refineries have to comply with many environmental laws.
20 People have to earn a living. He does not support the proposed amendments in the
21 ordinance.
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23 Scott Simons stated he is a BP employee. He does not support the proposed
24 amendments in the ordinance, particularly policy 2CC -16. They must be competitive in the
25 industry. Continue to work on the issues.
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27 Carol Perry stated they must use common sense and protect the tax base so they
28 can pay for a new jail and address the Hirst decision.
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30 Emma Oppenheimer stated she supports the proposed amendments in the
31 ordinance. Governing begins on a local level. She appreciates the civil discussion at
32 tonight's meeting. Promote sustainable, renewable energy.
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34 Rod Pemble stated he supports the proposed amendments in the ordinance. Many
35 people without high paying jobs also donate to nonprofits and volunteer in the community.
36 They are not being too hasty on this issue. They must act locally.
37
38 (Inaudible), Bellingham High School Freshman, stated she supports the proposed
39 amendments in the ordinance to protect future generations.
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41 Natalie Chavez stated she supports the proposed study and the proposed
42 amendments in the ordinance. They must rely on State and local communities to protect
43 the environment, the health of the people, and the local economy.
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45 Tyler Berg stated there is a reputation that it's difficult to do business in this
46 community. They should not spend $150,000 to research how to limit businesses. Instead,
47 spend it on bettering the environment and solving existing problems.
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49 Hearing no one else, Buchanan closed the public hearing.
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51 Mark Personius, Planning and Development Services Department, described the
52 voting process for the Comprehensive Plan amendments.
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Regular County Council Meeting, 5/16/2017, Page 9
Councilmembers discussed how to make amendments.
Mann moved to forward for concurrent review.
The motion was seconded.
Brenner moved to amend to eliminate policy 2CC -16 on Council packet page 345.
The motion was seconded.
Councilmembers discussed prohibiting export of just unrefined fossil fuel versus
export of both unrefined and refined fossil fuels, whether fracking can be done safely, the
negative tone of the proposed language, whether acidification from Asia impacts the
salmon, the process for making these proposed amendments, the intent and purpose of the
study, whether they should trust the existing agencies, nationwide concerns about negative
impacts to public health and safety and the environment, the revoked federal ban on export
of crude oil, whether companies intend to export crude oil, whether there are impacts to
existing refinery operations, what to do with byproducts, the intent of the amendments to
preserve and grow refinery jobs at Cherry Point and the health and safety of the rest of the
community, ensuring that the refineries can continue to sell their refined fossil fuels and
their byproducts, and ensuring the Council is educated enough to understand its rights in
this issue and be able to represent its constituents.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Brenner moved to reinstate language, "Because of the large acreage demands of
the types of industries likely to locate there, the remaining undeveloped acreage at Cherry
Point will likely be absorbed during the 20 -year planning period."
21:
The motion was seconded.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Brenner moved to remove language on Council packet page 339, lines 7 through
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Regular County Council Meeting, 5/16/2017, Page 10
rr,� r e s a., rl ,A r- _�, -.,. U. sncFeases in the coor'c#me o efu#e -c 4-eap efR h
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4
5 The motion was seconded.
6
7 Councilmembers discussed the County's power in terms of the Magnuson
8 Amendment.
9
10 The motion to amend failed by the following vote:
11 Ayes: Brenner (1)
12 Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
13
14 Brenner moved to amend language on page 338, lines 27 through 29, to reinstate
15 language, 'The Management Plan acknowledges that the existing industries , complying
16 with the laws and regulations, do not conflict with the Aquatic Reserve." The motion was not
17 seconded.
18
19 Brenner moved to amend to remove language on page 341, lines 28 -32, because
20 the tone of the language is too negative, "...for their facilities. Ex!sting- industries- ,eai:rsHi -ne
21 d fF.,m the ni,.. ksaek RiV-.. it e- -Geufv y-'S
22 pel l ter ert renewed ,, f., . _ c,- t -k t rw ee tstt r ievels -ar tf -toe ua y
23 of discharges, on favef of neeyed water use (-see Policy 2CC 3 and Polley -2GG 1101)1;"
24
25 The motion was seconded.
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27 The motion to amend failed by the following vote:
28 Ayes: Brenner (1)
29 Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
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31 Brenner moved to amend language on Council packet page 343, line 3...., where
32 possible; and"
33
34 The motion was seconded.
35
36 The motion to amend failed by the following vote:
37 Ayes: Brenner (1)
38 Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
39
40 The motion to forward for concurrent review carried by the following vote:
41 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
42 Nays: Brenner (1)
43
44
45 APPROVAL OF COMPREHENSIVE PLAN AMENDMENTS
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47 1. ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE
48 POINT ROBERTS CHARACTER PLAN, AND AMEND WHATCOM COUNTY CODE
49 20.72, POINT ROBERTS SPECIAL DISTRICT, TO ADOPT THE POINT ROBERTS
50 DESIGN GUIDELINES (AB2017 -152)
51
52 Mann moved to adopt the ordinance.
53
Regular County Council Meeting, 5/16/2017, Page 11
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The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
2. ORDINANCE ADOPTING WHATCOM COUNTY COMPREHENSIVE PLAN
AMENDMENTS RELATING TO THE CHERRY POINT URBAN GROWTH AREA
(AB2017 -063A)
Donovan moved to adopt the ordinance.
The motion was seconded.
The motion carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: Brenner (1)
Mann moved to approve all the Comprehensive Plan amendments concurrently.
The motion was seconded.
The motion carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: Brenner (1)
(Clerk's Note: The Council took a break at 11:45 to 11:55 p.m.)
OPEN SESSION
The following people spoke:
• Carol Perry spoke about the draft jail facilities use agreement (JFUA), size,
location, and operating expenses.
• Dan McShane spoke about staff working on the critical areas ordinance and
best available science from the Technical Advisory Committee.
• Patrick Alesse spoke about public safety of pedestrians in Birch Bay.
• Matt Petryni spoke about improving water resources in the community.
• Patrick Austin Freeland spoke about education leading to good jobs and
supporting struggling students.
• Chris Cook spoke about ocean habitat pollution from international sources.
CONSENT AGENDA
Browne reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through five.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Regular County Council Meeting, 5/16/2017, Page 12
1 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
2 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE PORT OF
3 BELLINGHAM FOR THE PROVISION OF REAL ESTATE SERVICES RELATED TO
4 THE COUNTY OWNED BUILDING LOCATED AT 3720 WILLIAMSON WAY
5 (AB2017 -164)
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7 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
8 CONTRACT BETWEEN WHATCOM COUNTY AND LAKE WHATCOM WATER AND
9 SEWER DISTRICT FOR THE WHATCOM COUNTY SHERIFF'S OFFICE DIVISION
10 OF EMERGENCY MANAGEMENT TO PROVIDE EMERGENCY MANAGEMENT
11 SERVICES, IN THE AMOUNT OF $20,000 PER YEAR FOR THREE YEARS
12 (AB2017 -165)
13
14 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
15 CONTRACT BETWEEN WHATCOM COUNTY AND THE WHATCOM DISPUTE
16 RESOLUTION CENTER TO PROVIDE FOR THE CERTIFICATION OF FAMILY
17 LAW MEDIATORS, THE CONDUCT OF MANDATORY PARENTING SEMINARS
18 (INCLUDING LANGUAGE INTERPRETATION AS NEEDED) AND THE
19 SCHEDULING OF AND CONDUCT OF MEDIATION SESSIONS, IN THE AMOUNT
20 OF $50,000 PER YEAR FOR TWO YEARS (AB2017 -166)
21
22
23 OTHER ITEMS
24
25 1. ORDINANCE AMENDING ORDINANCE 2014 -075 (ESTABLISHMENT OF THE
26 COURTHOUSE BUILDING ENVELOPE FUND AND A PROJECT BASED BUDGET
27 FOR THE COURTHOUSE BUILDING ENVELOPE PROJECT) FOR A SECOND
28 TIME, TO INCLUDE FUNDING PROVIDED THROUGH THE EDI FUND IN THE
29 AMOUNT OF $752,621, FOR A TOTAL AMENDED PROJECT BUDGET OF
30 $2,677,809 (AB2017 -153)
31
32 Browne reported for the Finance and Administrative Services Committee and
33 moved to adopt the ordinance.
34
35 Councilmembers discussed reserving economic development funds for economic
36 development activities and projects, whether it's appropriate to spend those funds on
37 infrastructure projects, and developing a clear policy for spending economic development
38 funds.
39
40 The motion carried by the following vote:
41 Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
42 Nays: Mann (1)
43
44 2. RESOLUTION AMENDING THE 2017 FLOOD CONTROL ZONE DISTRICT AND
45 SUBZONE BUDGETS, SECOND REQUEST, IN THE AMOUNT OF $17,850
46 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE
47 DISTRICT BOARD OF SUPERVISORS) (AB2017 -154)
48
49 Browne reported for the Finance and Administrative Services Committee and
50 moved to approve the resolution.
51
52
Regular County Council Meeting, 5/16/2017, Page 13
1 The motion carried by the following vote:
2 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
3 Nays: None (0)
4
5 3. ORDINANCE AMENDING THE 2017 WHATCOM COUNTY BUDGET, FIFTH
6 REQUEST, IN THE AMOUNT OF $251,050 (AB2017 -155)
7
8 Browne reported for the Finance and Administrative Services Committee and
9 moved to adopt the ordinance.
10
11 The motion carried by the following vote:
12 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
13 Nays: None (0)
14
15 4. RESOLUTION IN THE MATTER OF THE SALE OF SURPLUS PROPERTY AND
16 SETTING OF A DATE FOR PUBLIC HEARING THEREON PURSUANT TO
17 WHATCOM COUNTY CODE 1.10 (AB2017 -162)
18
19 Browne reported for the Finance and Administrative Services Committee and
20 moved to approve the resolution.
21
22 The motion carried by the following vote:
23 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
24 Nays: None (0)
25
26 5. RESOLUTION AUTHORIZING THE PURCHASE OF RENEWABLE WIND ENERGY
27 FROM PUGET SOUND ENERGY FOR A TERM OF TEN YEARS, BEGINNING IN
28 2019 (AB2017 -163)
29
30 Browne reported for the Finance and Administrative Services Committee and
31 moved to approve the resolution.
32
33 The motion carried by the following vote:
34 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
35 Nays: None (0)
36
37
38 COUNCIL APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
39
40 1. APPOINTMENT TO THE DRAYTON HARBOR SHELLFISH PROTECTION
41 DISTRICT ADVISORY COMMITTEE, APPLICANT: GEORGE KAAS (THE
42 DRAYTON HARBOR SHELLFISH PROTECTION DISTRICT ADVISES THE
43 COUNTY COUNCIL ON PROPOSED ACTIONS AND OPERATIONS RELATING TO
44 THE RESTORATION OF WATER QUALITY IN THE DISTRICT) (AB2017 -139)
45
46 Browne moved to appoint George Kaas.
47
48 The motion was seconded.
49
50 The motion carried by the following vote:
51 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
52 Nays: None (0)
53
Regular County Council Meeting, 5/16/2017, Page 14
1
2 EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS. AND COMMITTEES
3 - --
4 1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
5 JEFFERY HART AND JOSHUA MCINTYRE TO THE DEVELOPMENTAL
6 DISABILITIES BOARD (AB2017 -168)
7
8 Mann moved to confirm the appointment.
9
10 The motion was seconded.
11
12 The motion carried by the following vote:
13 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
14 Nays: None (0)
15
16
17 INTRODUCTION ITEMS
18
19 Mann moved to accept the Introduction Items.
20
21 The motion was seconded.
22
23 The motion carried by the following vote:
24 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
25 Nays: None (0)
26
27 1. RESOLUTION GRANTING A QUIT CLAIM DEED TO THE CITY OF BELLINGHAM
28 (AB2017 -167)
29
30 2. ORDINANCE ADOPTING VARIOUS MINOR AMENDMENTS TO WHATCOM
31 COUNTY CODE TITLE 20 ZONING, MAKING CORRECTIONS, UPDATES, AND
32 CLARIFICATIONS (AB2017 -169)
33
34 3. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS
35 PROPERTY PURSUANT TO WHATCOM COUNTY CODE 1.10 (2017 -162A)
36
37
38 COMMITTEE REPORTS OTHER ITEMS AND COUNCILMEMBER UPDATES
39
40 Donovan reported for the Natural Resources Committee.
41
42 Browne reported for the Finance and Administrative Services Committee.
43
44 Brenner reported for the Public Works, Health, and Safety Committee.
45
46 Buchanan reported on the Special Committee of the Whole meeting.
47
48 Councilmembers gave updates on other business and on recent activities and
49 upcoming events.
50
51
52
Regular County Council Meeting, 5/16/2017, Page 15
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ADJOURN
The meeting adjourned at 12:23 a.m. on Wednesday, May 17, 2017.
The County Council approved these minutes on July 11, 2017.
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Jill Nixon, MinutidtrTran'scription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
try hana , Council Chair
Regular County Council Meeting, 5/16/2017, Page 16