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WHATCOM COUNTY COUNCIL
Regular County Council Meeting
July 25, 2017
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Satpal Sidhu, Carl Weimer, Todd Donovan, Rud
Browne and Barry Buchanan.
Absent: Ken Mann.
FLAG SALUTE
ANNOUNCEMENTS
PUBLIC HEARINGS
1. ORDINANCE ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE
20 ZONING, RELATING TO THE WAIVER OF SPACING REQUIREMENTS
BETWEEN MARIJUANA PRODUCTION FACILITIES AND COMMUNITY
CENTERS IN THE RURAL, AGRICULTURE, AND RURAL FORESTRY DISTRICTS,
AND AMENDING THE DEFINITION OF COMMUNITY CENTER (AB2017 -223)
Gary Davis, Planning and Development Services Department, submitted a corrected
ordinance without the scrivener's error in the finding.
Buchanan opened the public hearing, and the following person spoke:
Ezra Eickmeyer, Agape Research, spoke on behalf of an applicant for a buffer waiver.
Hearing no one else, Buchanan closed the public hearing.
Brenner moved to adopt the substitute ordinance.
The motion was seconded.
Councilmembers discussed what happens if a community center changes ownership.
The motion carried by the following vote:
Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Absent: Mann (1)
Regular County Council Meeting, 7/25/2017, Page 1
2. ORDINANCE ESTABLISHING THE SPEED LIMIT ON A PORTION OF THE
NORTH SHORE ROAD (AB2017 -196A)
Buchanan opened,the public hearing, and the following person spoke:
Duane Duxbury submitted and read from a handout (on file) and stated the speed
limit should be less than 35 miles per hour.
Hearing no one else, Buchanan closed the public hearing.
Brenner moved to hold in Council to get more information from staff about the
possibility of lowering the speed limit even more.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Absent: Mann (1)
3. RESOLUTION PROVIDING FOR SUBMISSION TO THE QUALIFIED VOTERS OF
WHATCOM COUNTY, AT AN ELECTION TO BE HELD ON NOVEMBER 7, 2017,
AN ADVISORY BALLOT SEEKING CITIZEN INPUT REGARDING THE USE OF
EMINENT DOMAIN BY PIPELINE COMPANIES TO TAKE PROPERTY RIGHTS
FROM PRIVATE LANDOWNERS FOR USE IN OIL AND GAS PIPELINES IN
WHATCOM COUNTY (AB2017 -233)
Donovan reported on the reason for the proposed resolution.
Buchanan opened the public hearing, and the following people spoke:
Amy Glasser stated she supports the resolution.
Tyson Green, Williams Northwest Pipeline, spoke about the benefits of their energy
services and efforts to work with the community.
Everett Barton stated the Tribes should be responsible for working with Cherry Point.
People who own property may have problems in light of the Hirst Decision.
Ana Rae Miller stated she supports the resolution.
Lynn Murphy, Puget Sound Energy, spoke about their natural gas customers in other
counties who rely on existing pipelines and the company's policy of negotiating with
landowners for just compensation.
Pam Brady, BP Cherry Point, stated she is concerned about the resolution because it
will be contrary to the public's interest in pipeline safety. She is opposed to the resolution
due to unintended consequences and the lack of stakeholder input.
Jack McBride stated the resolution is worthwhile in general. Washington law allows
eminent domain by private companies, but eminent domain is based on public use and
need. Make a distinction between a public use and private use.
Regular County Council Meeting, 7/25/2017, Page 2
Mike Sennet stated he is opposed to transshipment of gas or oil from Canada
through Whatcom County to foreign exports.
Hearing no one else, Buchanan closed the public hearing.
Donovan moved to approve the resolution.
The motion was seconded.
Councilmembers discussed public versus private use of eminent domain, the existing
Washington State law for the use of eminent domain, whether this resolution targets
businesses at Cherry Point, protecting people from government overreach, the safety of
pipelines compared to trains and trucks, using eminent domain for private profit as opposed
to the public good, whether the County has any jurisdiction over eminent domain, and
shipping unrefined fuel out of the county.
Brenner moved to amend the resolution to apply it to all eminent domain purposes
private and public, not just one particular business sector. The entire resolution would say
that the Whatcom County Council opposes eminent domain for any reason.
The motion to amend was seconded.
The motion to amend failed by the following vote:
Ayes:
Brenner (1)
Nays:
Sidhu, Buchanan, Weimer and Donovan (4)
Abstains:
Browne (1)
Absent:
Mann (1)
Browne stated he abstained because he owns property that is under consideration by
a pipeline impacted by the resolution.
Sidhu moved to amend to change "oil pipelines" to "for profit purposes."
The motion was seconded.
The motion to amend failed by the following vote:
Ayes: Sidhu (1)
Nays: Buchanan, Weimer and Donovan (3)
Abstains: Browne and Brenner (2)
Absent: Mann (1)
Weimer moved to amend line 43, the eighth Whereas statement, "fA suse."
The motion was seconded.
The motion to amend carried by the following vote:
Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5)
Nays: None (0)
Abstains: Browne (1)
Absent: Mann (1)
Weimer moved to amend the first Whereas statement, "g-eepelitiea4."
Regular County Council Meeting, 7/25/2017, Page 3
1 The motion was seconded.
2
3 Councilmembers discussed who authored the resolution.
4
5 The motion to amend carried by the following vote:
6 Ayes: Sidhu, Buchanan, Weimer and Donovan (4)
7 Nays: None (0)
8 Abstains: Browne and Brenner (2)
9 Absent: Mann (1)
10
11 Councilmembers discussed the Council's lack of authority on eminent domain or
12 pipeline approval processes and educating the public on those processes, educating the
13 public, and the State's eminent domain laws that are specific to pipelines.
14
15 Sidhu suggested a friendly amendment to get rid of the fourth Whereas
16 statement and remove all the company names.
17
18 Donovan accepted the friendly amendment.
19
20 The motion to approve the resolution as amended failed by the following vote:
21 Ayes: Sidhu, Buchanan, and Donovan (3)
22 Nays: None (0)
23 Abstains: Weimer, Brenner, and Browne (3)
24 Absent: Mann (1)
25
26 Weimer stated he abstained due to conflict of interest from his work on pipeline
27 issues and because he just signed a contract to review pipeline safety in the state of
28 Washington.
29
30
31 OPEN SESSION
32
33 The following people spoke:
34 • Chris Deile spoke about court - ordered religious substance abuse treatment
35 versus secular substance abuse treatment.
36 • Joseph Feldman spoke about religion.
37
38
39 OTHER ITEMS
40
41 1. ORDINANCE AMENDING THE 2017 WHATCOM COUNTY BUDGET, EIGHTH
42 REQUEST, IN THE AMOUNT OF $851,061 (AB2017 -222)
43
44 Browne reported for the Finance and Administrative Services Committee and
45 moved to adopt the ordinance.
46
47 Brenner moved to amend to remove the Homeowner Incentive Program (HIP)
48 funding from the stormwater fund.
49
50 The motion was seconded.
51
52 Councilmembers discussed the purpose of the program, regulations versus incentives
53 for landowners, funding mechanisms for controlling stormwater around Lake Whatcom, the
Regular County Council Meeting, 7/25/2017, Page 4
HIP funding request having no net impact on the County budget, whether or not they should
pay people to not pollute, and using the money to educate people instead of paying people
to do the work.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Sidhu, Browne, Buchanan, Weimer and Donovan (5)
Absent: Mann (1)
The motion to adopt carried by the following vote:
Ayes: Sidhu, Browne, Buchanan, Weimer and Donovan (5)
Nays: Brenner (1)
Absent: Mann (1)
2. RESOLUTION AMENDING THE 2017 FLOOD CONTROL ZONE DISTRICT AND
SUBZONES BUDGETS, THIRD REQUEST, IN THE AMOUNT OF $15,000
(COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE
DISTRICT BOARD OF SUPERVISORS) (AB2017 -1998)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the resolution.
The motion carried by the following vote:
Ayes: Brenner, Sidhu, Browne, and Buchanan (4)
Nays: Donovan and Weimer (2)
Absent: Mann (1)
3. ORDINANCE ORDERING AN ELECTION TO DETERMINE THE FORMATION OF
THE LUMMI ISLAND PARK AND RECREATION DISTRICT (AB2017 -200A)
Donovan moved to adopt the ordinance.
The motion was seconded.
Councilmembers discussed how this vote is a formality.
The motion carried by the following vote:
Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Absent: Mann (1)
4. APPOINTMENT OF MEMBERS TO SERVE ON THE PRO AND CON STATEMENT
WRITING COMMITTEES FOR THE SALES AND USE TAX FOR PUBLIC SAFETY
PURPOSES PROPOSITION (AB2017 -194B)
Donovan moved to appoint all three volunteers for the Pro Statement Committee:
Jon Mutchler, Scott Korthuis, and Gene Knutson.
The motion was seconded.
Regular County Council Meeting, 7/25/2017, Page 5
1 The motion carried by the following vote:
2 Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
3 Nays: None (0)
4 Absent: Mann (1)
5
6 Browne nominated all four volunteers the Con Statement Committee: Josh
7 Cerretti, Joy Gilfilen, Doug Starcher, and Dan McShane.
8
9 The motion carried by the following vote:
10 Cerretti: Brenner, Buchanan, Sidhu, Weimer (4)
11 Gilfilen: Browne, Donovan, Weimer (3)
12 Starcher: Brenner, Browne, Buchanan, Donovan, Sidhu, Weimer (6)
13 McShane: Brenner, Browne, Buchanan, Donovan, Sidhu (5)
14 Absent: Mann (1)
15
16 The Council appointed Josh Cerretti, Doug Starcher, and Dan McShane to the Con
17 Statement Committee.
18
19 S. APPOINTMENT OF MEMBERS TO SERVE ON THE PRO AND CON STATEMENT
20 WRITING COMMITTEES FOR THE PROPOSAL TO FORM THE LUMMI ISLAND
21 PARK AND RECREATION DISTRICT (AB2017 -200B)
22
23 Donovan moved to appoint all three Pro Statement Committee volunteers: Randy
24 Smith, Tamia Sorensen, and Ian Kirouac.
25
26 The motion was seconded.
27
28 The motion carried by the following vote:
29 Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
30 Nays: None (0)
31 Absent: Mann (1)
32
33 Browne nominated all four volunteers.
34
35 The nomination was seconded.
36
37 Shornick: Sidhu (1)
38 Dunn: Weimer, Browne, Buchanan, Brenner, Donovan, Sidhu (6)
39 Morrissey: Weimer, Browne, Buchanan, Brenner, Donovan, Sidhu (6)
40 Lee: Weimer, Browne, Buchanan, Brenner, Donovan (5)
41 Absent: Mann (1)
42
43 The Council appointed Patricia Dunn, Michele Morrissey, and Wynne Lee to the Con
44 Statement Committee.
45
46 6. APPOINTMENT OF MEMBERS TO SERVE ON THE PRO AND CON STATEMENT
47 WRITING COMMITTEES FOR THE PROPOSITION REGARDING THE USE OF
48 EMINENT DOMAIN BY PIPELINE COMPANIES TO TAKE PROPERTY RIGHTS
49 FROM PRIVATE LANDOWNERS FOR USE IN OIL AND GAS PIPELINES IN
50 WHATCOM COUNTY (AB2017 -233) (AB2017 -233A)
51
52 This item was not discussed.
53
Regular County Council Meeting, 7/25/2017, Page 6
EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. COUNTY EXECUTIVE REQUESTS CONFIRMATION OF APPOINTMENTS TO THE
NEW BEHAVIORAL HEALTH ADVISORY COMMITTEE (AB2017 -228)
Donovan moved to confirm the appointments.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Browne, Buchanan, Weimer and Donovan (5)
Nays: None (0)
Absent: Sidhu (out of the room) and Mann (1)
INTRODUCTION ITEMS
Brenner moved to accept Introduction Items one and two.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Absent: Mann (1)
1. RECEIPT OF APPLICATIONS FOR THE WHATCOM COUNTY BOARD OF
EQUALIZATION (BOE), REPRESENTING DISTRICT 2, TERM ENDING
1/31/2020, APPLICANT: JOHN BRUTON (THE BOE ENSURES ALL
PROPERTIES ARE VALUED AT FAIR MARKET VALUE) (APPLICATION
DEADLINE FOR ANY OTHER APPLICANTS TO THIS VACANCY IS 10 A.M. ON
AUGUST 1, 2017) (AB2017 -224)
2. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, NINTH REQUEST,
IN THE AMOUNT OF $148,625 (AB2017 -229)
3. ORDINANCE ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE
20 ZONING, EXEMPTING PUBLIC COMMUNITY FACILITIES AND COMMUNITY
CENTERS FROM LOT COVERAGE LIMITS IN THE RESIDENTIAL RURAL (RR),
RURAL (R), AND POINT ROBERTS TRANSITIONAL ZONE (TZ) DISTRICTS
(AB2017 -230)
This item was withdrawn from the agenda.
COMMITTEE REPORTS OTHER ITEMS AND COUNCILMEMBER UPDATES
Buchanan reported for the Special Committee of the Whole and the Committee of the
Whole meetings.
Brenner reported for the Public Works, Health, and Safety Committee.
Regular County Council Meeting, 7/25/2017, Page 7
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Weimer reported for the Planning and Development Committee. He moved to
schedule a discussion in committee with Public Works staff about funding sources for Lake
Whatcom programs.
The motion was seconded.
The motion passed by genera/ consent.
Brenner stated she would like to request the Executive come forward to the Natural
Resources Committee with a solution about recent complaints from a property owner
regarding problems from beaver dams.
The motion was seconded.
The motion passed by genera/ consent.
Sidhu stated they need to continue discussion of the proposed Business Advisory
Committee.
Councilmembers discussed why the word "jail" isn't in the ballot title for the sales
and use tax ballot measure.
Buchanan moved to request that the Prosecutor's Office include the word "jail" in
the ballot measure.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Absent: Mann (1)
ADJOURN
The meeting adjourned at 8:51 p.m.
The County Council approved these minutes on September 26, 2017.
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Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
*r"chanan, Council Chair
Regular County Council Meeting, 7/25/2017, Page 8