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WHATCOM COUNTY COUNCIL
Regular County Council Meeting
August 8, 2018
CALL TO ORDER
Council Chair Rud Browne called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Rud Browne, Barry Buchanan, Tyler Byrd, Todd
Donovan, and Satpal Sidhu.
Absent: Tim Ballew
FLAG SALUTE
ANNOUNCEMENTS
PUBLIC HEARINGS
1. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE
AND PROCESSING OF APPLICATIONS AND PERMITS FOR NEW OR
EXPANDED FACILITIES IN THE CHERRY POINT URBAN GROWTH AREA, THE
PRIMARY PURPOSE OF WHICH WOULD BE THE SHIPMENT OF UNREFINED
FOSSIL FUELS NOT TO BE PROCESSED AT CHERRY POINT (AB2018 -077B)
Browne opened the public hearing, and the following people spoke:
Holli Johnson, Western States Petroleum Association, submitted and read from a
handout (on file) and stated she is opposed to the interim moratorium and proposed
changes to the County Comprehensive Plan.
Lane McAvoy stated he works as a contractor for Phillips 66 and is opposed to the
interim moratorium and increased regulation of businesses at Cherry Point.
Ken Phipps, Safeway Services, stated he works with local companies and is opposed
to the interim moratorium.
Dena Jensen stated she supports the interim moratorium and providing additional
protections to Cherry Point and wildlife habitat.
Rob McCloud stated he is opposed to the interim moratorium and supports the
businesses at Cherry Point that provide family wage jobs in the community.
Sandy Robson stated she supports the interim moratorium to prevent fossil fuel
interests and development at Cherry Point. Existing jobs aren't in jeopardy.
Mike Culley stated he is opposed to the interim moratorium and supports the
businesses and jobs at Cherry Point. No other refineries are as safe as the local refineries.
Regular County Council Meeting, 8/8/2018, Page 1
1 Paula Rotundi stated she supports the interim moratorium and preserving existing
2 jobs that refine fossil fuels, but not expanding operations.
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4 Joe Wilson, Peterson Brothers Vice - President, stated he is opposed to the interim
5 moratorium and supports the use of fossil fuels, which saves lives.
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7 Hamilton Dutcher stated he supports the interim moratorium. Require corporations
8 to have accident insurance.
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10 David Kershner stated he supports the interim moratorium to protect the health,
11 safety, and environment of the community.
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13 Alex McLean stated he supports the interim moratorium, which will extend the life of
14 industry at Cherry Point. Think proactively to preserve the environment.
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16 Ronald Colson stated he supports the interim moratorium and making oil and gas
17 uses at Cherry Point conditional uses. Other types of employers would be better suited at
18 Cherry Point.
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20 Josh Summers, Phillis 66, stated he is opposed to the interim moratorium, which
21 oversteps the current permitting process and is at odds with commerce laws. He supports
22 jobs at Cherry Point and preserving investment opportunities from the corporation.
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24 Dirk Vermeeren stated he supports the interim moratorium and preserving the
25 current environment over non -local industries.
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27 Tony Zemple stated he is opposed to the interim moratorium, which will harm his
28 union members and their families.
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30 Robert Earl stated he supports the interim moratorium and is opposed to shipping
31 unrefined fossil fuels out of Cherry Point, given the risk of an oil spill.
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33 Erin Strang stated the Council needs to correct the definition of "unrefined fossil
34 fuels." She is opposed to the interim moratorium and uncertainty in the permitting process.
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36 Mike Sennett stated he supports the interim moratorium to protect habitat for
37 species in the Salish Sea.
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39 Clara Jean Carmean submitted and read from a handout (on file) and stated she
40 supports the interim moratorium and protecting the aquatic reserve.
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42 Hilary Cole stated she supports the interim moratorium to protect safety, health, and
43 the environment.
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45 Judith Akins submitted and read from a handout (on file) and stated she supports
46 the interim moratorium. Focus on attracting businesses that will last long into the future.
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48 Deirdre Morgan stated she supports the interim ordinance to prevent more loss of
49 salmon and orcas and environmental benefits.
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51 Nathaniel Maddux, International Association of Machinist and Aerospace Workers
52 Local 2379, stated he is opposed to the interim moratorium and losing family wage jobs at
53 Cherry Point.
Regular County Council Meeting, 8/8/2018, Page 2
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2 Krista Rome stated she supports the interim moratorium to protect the community
3 from public health and safety risk from unrefined fossil fuel export. Existing refineries
4 should scale down operations in the future.
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6 Kent Murray stated he is opposed to the interim moratorium to protect his job as a
7 refinery contractor.
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9 Eddy Ury, ReSources for Sustainable Communities, stated he supports the interim
10 moratorium and described the County's role in permitting projects and protecting the
11 shoreline.
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13 Stuart Pennington stated he is opposed to the interim moratorium. Propane and
14 butane are refined products, and should not be included. Consider how much taxes are
15 collected in Whatcom County from the businesses and their employees.
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17 Chris Watrobka, Ironworkers Local 86, stated he is opposed to the interim
18 moratorium and changes to the Comprehensive Plan regarding Cherry Point. Protect jobs.
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20 Adam Bonham stated he is opposed to the interim moratorium and changes to the
21 Comprehensive Plan regarding Cherry Point.
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23 Mary Tully stated she supports the interim moratorium. It will allow current
24 activities at Cherry Point without increased risk from operations.
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26 Brian Ferguson stated he is opposed to the interim moratorium. The refineries in
27 Washington State are the cleanest and safest in the country. Protect the companies.
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29 Tim Johnson, Phillips 66, stated he is opposed to the interim moratorium, which
30 prevents the businesses from being competitive and jeopardizes long -term viability.
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32 Paul Galovin stated he is opposed to the interim moratorium. The current
33 regulations are enough. The businesses pay a lot of taxes that take care of the community.
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35 Natasha Ruming stated she supports the interim moratorium. Current and future
36 growth industries don't include the types of industries that exist at Cherry Point. The
37 environment has impacts on public health.
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39 Tony Larson, Whatcom Business Alliance, stated he is opposed to the interim
40 moratorium because they need to attract jobs with high wages to combat the high cost of
41 housing in the community. Consider how to attract jobs to the community.
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43 Brooks Anderson stated she supports the interim moratorium. Other types of
44 industries could locate at Cherry Point. The moratorium doesn't take away current jobs.
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46 Andronetta Douglass submitted a handout (on file) and stated she is opposed to the
47 interim moratorium. She described an Oregon Supreme Court decision that allows
48 restrictions and regulations.
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50 Hannah Holt, Laborers Local 292 Member, stated she is opposed to the interim
51 moratorium and described her work as an apprentice. Vibrant Cherry Point companies are
52 necessary for the economic health of Whatcom County.
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Regular County Council Meeting, 8/8/2018, Page 3
1 Bill Holt, Laborers Local 292 Member, stated he is opposed to the interim
2 moratorium. Cherry Point companies are important to the economic health of the
3 community. There is a strong culture of safety at Cherry Point refineries.
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5 Michael Roach, Laborers Local 292 Member, stated he is opposed to the interim
6 moratorium and changes to the Comprehensive Plan,
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8 Michael Petrish, Carpenters local union in Mt. Vernon, stated he is opposed to the
9 interim moratorium and supports the refinery industries. Protect local families and
10 industries.
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12 Jack McBride submitted and read from a handout (on file) and stated he supports the
13 interim moratorium and is opposed to increased expansion and exports.
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15 Tristan Cassidy, Laborer's Union 292 Member, stated he is opposed to the interim
16 moratorium because the refineries contribute living wage jobs and taxes to the community.
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18 Chris Colon stated he is opposed to the interim moratorium because of uncertainty
19 created in the industry and significant losses of local taxes and contributions to nonprofits.
20 They have the opportunity to use the skilled labor to transition to other types of resources
21 in the future.
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23 Trevor Smith, Laborers Local 292 Member, stated he is opposed to the interim
24 moratorium because they need living wage jobs and because the local refineries are the
25 cleanest and safest anywhere.
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27 Mike Llewellyn, Laborers Local 292 Member, stated he is opposed to the interim
28 moratorium. The industry, Whatcom County, and the Lummi Nation all need to work
29 together to solve issues and keep people working.
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31 Lynn Billington stated she supports the interim moratorium to protect against oil
32 spills and damage against tar sands oil.
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34 Mark Peterson stated he supports the interim moratorium. Consider long -term
35 goals. Business growth isn't essential to survival.
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37 Scott Wylie stated he supports the interim moratorium. Protect the natural beauty
38 of the area.
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40 Mike Kaufman stated he supports the interim moratorium and protecting the land for
41 the Lummi Nation.
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43 Rick Eggerth stated he supports the interim moratorium. He described his
44 experience as a lawyer for oil companies. The oil industry pollutes. Figure out how to
45 protect the environment from pollution.
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47 Robert Kinney stated he is against the interim moratorium and supports living wage
48 jobs. The Cherry Point refinery is safe and clean.
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50 Pam Brady, BP Cherry Point Refinery, stated she is against the interim moratorium
51 because it harms the company's ability to compete on a global scale. They need regulatory
52 certainty, and have been harmed by the moratorium.
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Regular County Council Meeting, 8/8/2018, Page 4
1 Althea Wilson, Lummi Tribe Member, described the history of the area. She supports
2 the interim moratorium. The current jobs at Cherry Point aren't in jeopardy. Salmon is
3 disappearing.
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5 Natalie Chavez stated she supports the interim moratorium to give County staff
6 more time to develop a permanent ordinance. It is the culturally and environmentally
7 responsible thing to do.
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9 Wylie Warner, IBW 191 Member, stated he is against the interim moratorium and
10 supports protecting the industries from regulations and from leaving the community.
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12 Hearing no one else, Browne closed the public hearing.
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14 Donovan moved to adopt the ordinance.
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16 The motion was seconded.
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18 Byrd moved to amend to remove propane, butane, and natural gas from the
19 definition of unrefined fossil fuels.
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21 The motion to amend was seconded.
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23 The motion to amend failed by the following vote:
24 Ayes: Brenner and Byrd (2)
25 Nays: Browne, Buchanan, Donovan, and Sidhu (4)
26 Absent: Ballew (1)
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28 Councilmembers discussed the causes of declining salmon populations, which include
29 acidic rain; protecting refining operations from moving to Asia; the limits of the regulations
30 in the ordinance; how industries mitigate against catastrophic damage or plan for
31 infrastructure; acknowledge state and federal treaty rights; making the industries commit
32 to not exporting crude oil; requiring oil industries, not government jurisdictions, to pay for
33 catastrophic oil spills; the fishing industry; no impacts to current refining operations; the
34 export of refinery jobs along with the export of crude oil; working together to find solutions;
35 the human impact of pollution; and existing regulations on the industry.
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37 The motion carried by the following vote:
38 Ayes: Browne, Buchanan, Donovan, and Sidhu (4)
39 Nays: Brenner and Byrd (2)
40 Absent: Ballew (1)
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42 (Clerk's Note: The Council took a break at 9:55 p.m.)
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45 OPEN SESSION
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47 The following person spoke:
48 Carol Perry spoke about jail issues.
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Regular County Council Meeting, 8/8/2018, Page 5
1 CONSENT AGENDA
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Sidhu reported for the Finance and Administrative Services Committee and moved
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to approve Consent Agenda items one through six.
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The motion carried by the following vote:
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Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (6)
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Nays: None (0)
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Absent: Ballew (1)
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1.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
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CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND FERNDALE
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SCHOOL DISTRICT TO PROVIDE BEHAVIORAL HEALTH SERVICES WITHIN
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THE FERNDALE SCHOOL DISTRICT, IN THE AMOUNT OF $120,000, FOR A
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TOTAL AMENDED CONTRACT AMOUNT OF $420,000 (AB2018 -226)
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2.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
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CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND NOOKSACK
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VALLEY SCHOOL DISTRICT TO PROVIDE BEHAVIORAL HEALTH SERVICES
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WITHIN THE NOOKSACK VALLEY SCHOOL DISTRICT, IN THE AMOUNT OF
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$120,000, FOR A TOTAL AMENDED CONTRACT AMOUNT OF $420,000
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(AB2018 -227)
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3.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
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CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND BLAINE SCHOOL
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DISTRICT TO PROVIDE BEHAVIORAL HEALTH SERVICES WITHIN THE
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BLAINE SCHOOL DISTRICT, IN THE AMOUNT OF $131,400, FOR A TOTAL
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AMENDED CONTRACT AMOUNT OF $424,800 (AB2018 -228)
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4.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
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CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND LYNDEN
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SCHOOL DISTRICT TO PROVIDE BEHAVIORAL HEALTH SERVICES WITHIN
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THE LYNDEN SCHOOL DISTRICT, IN THE AMOUNT OF $111,000, FOR A
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TOTAL AMENDED CONTRACT AMOUNT OF $388,500 (AB2018 -229)
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5.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
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CONTRACT BETWEEN WHATCOM COUNTY AND NORTH SOUND BEHAVIORAL
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HEALTH ORGANIZATION TO PROVIDE FUNDING TO SUPPORT EVIDENCE -
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BASED SERVICES IN THE SCHOOLS AND IN THE COMMUNITY THAT HAVE
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BEEN SHOWN TO REDUCE ELEVATED RISK FACTORS FOR SUBSTANCE USE
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DISORDERS AND BEHAVIORAL HEALTH ISSUES, IN THE AMOUNT OF
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$115,506 (AB2018 -230)
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6.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
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CONTRACT BETWEEN WHATCOM COUNTY AND WAVE BUSINESS SOLUTIONS,
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LLC FOR A SIX YEAR LEASE FOR FIBER OPTIC CONNECTIVITY FROM THE
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COURTHOUSE TO THE FACILITIES MANAGEMENT BUILDING ON
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WILLIAMSON WAY, IN THE AMOUNT OF $66,520 (AB2018 -231)
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Regular County Council Meeting, 8/8/2018, Page 6
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OTHER ITEMS
1. RESOLUTION DECLARING COUNTY COUNCIL SUPPORT FOR THE 2018
WHATCOM COUNTY AGRICULTURAL STRATEGIC PLAN (FROM JULY 24)
(AB2018 -217)
Donovan reported for the Natural Resources Committee and moved to approve the
resolution.
The motion carried by the following vote:
Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (6)
Nays: None (0)
Absent: Ballew (1)
2. RESOLUTION AFFIRMING THE PURCHASE OF DEVELOPMENT RIGHTS (PDR)
OVERSIGHT COMMITTEE RANKING AND AUTHORIZING WHATCOM COUNTY
PDR ADMINISTRATOR AND WHATCOM COUNTY EXECUTIVE TO PROCEED
WITH THE ACQUISITION OF AN AGRICULTURAL CONSERVATION EASEMENT
ON THE SIDHU APPLICATION (AB2018 -223)
Donovan reported for the Natural Resources Committee and moved to approve the
resolution.
The motion carried by the following vote:
Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (6)
Nays: None (0)
Absent: Ballew (1)
3. RESOLUTION UPDATING THE APPENDIX OF THE 2015 COMPREHENSIVE
ECONOMIC DEVELOPMENT STRATEGY (CEDS) (AB2018 -224)
Sidhu reported for the Finance and Administrative Services Committee and moved
to approve the resolution.
The motion carried by the following vote:
Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (6)
Nays: None (0)
Absent: Ballew (1)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT
AND UNITED STATES GEOLOGICAL SURVEY TO FUND THE ONGOING
OPERATION AND MAINTENANCE OF THE COUNTY'S SIX STREAM GAGES
WITHIN THE NOOKSACK RIVER EARLY FLOOD WARNING SYSTEM, PLUS
STREAM GAGES AT THE NOOKSACK RIVER EVERSON OVERFLOW AND JONES
CREEK IN ACME, FOR EARLY FLOOD WARNING AND FLOOD RESPONSE, IN
THE AMOUNT OF $116,937 (COUNCIL ACTING AS THE WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) (AB2018 -225)
Sidhu reported for the Finance and Administrative Services Committee and moved
to approve the request.
Regular County Council Meeting, 8/8/2018, Page 7
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The motion carried by the following vote:
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Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (6)
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Nays: None (0)
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Absent: Ballew (1)
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COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
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1.
APPOINTMENT TO THE WHATCOM COUNTY WILDLIFE ADVISORY
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COMMITTEE (TECHNICAL EXPERTISE IN WILDLIFE AND HABITAT
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MANAGEMENT REPRESENTATIVE), TERM ENDING DECEMBER 31, 2022 -
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APPLICANT: ROBERT WADDELL (AB2018 -214)
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Sidhu moved to appoint Robert Waddell by acclamation.
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The motion was seconded.
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Councilmembers discussed residency requirements.
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Brenner moved to hold in Council.
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The motion was seconded.
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The motion to hold in Council carried by the following vote:
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Ayes: Byrd, Brenner, Browne, Buchanan, and Sidhu (5)
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Nays: Donovan (1)
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Absent: Ballew (1)
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INTRODUCTION ITEMS
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Buchanan moved to accept the Introduction Items.
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The motion was seconded.
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The motion carried by the following vote:
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Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (6)
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Nays: None (0)
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Absent: Ballew (1)
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1.
ORDINANCE ADOPTING AMENDMENTS TO THE PURCHASE OF DEVELOPMENT
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RIGHTS PROGRAM (AB2018 -235)
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2.
ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, TENTH REQUEST,
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IN THE AMOUNT OF $485,339 (AB2018 -236)
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3.
ORDINANCE AMENDMENT NO. 2 TO ORDINANCE NO. 2014 -078
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ESTABLISHING THE 2015 LIGHTHOUSE MARINE PARK IMPROVEMENT FUND
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AND ESTABLISHING A PROJECT BASED BUDGET FOR LIGHTHOUSE MARINE
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PARK IMPROVEMENTS (AB2018 -237)
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4.
RECEIPT OF APPLICATION TO FILL VACANCY ON THE WHATCOM COUNTY
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SURFACE MINING ADVISORY BOARD, APPLICANT: DUSTIN GLEAVES
Regular County Council Meeting, 8/8/2018, Page 8
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(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) (APPLICATION DEADLINE
FOR ANY OTHER APPLICANTS IS 10 A.M. SEPTEMBER 4, 2018) (AB2018-
222)
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Committee Chairs reported on committee discussions.
Councilmembers gave updates on recent activities and upcoming events.
ADJOURN
The meeting adjourned at 10:20 p.m.
The County Council approved these minutes on September 11, 2018.
ATTESTS A °r t; 0 a WHATC COUN COUNCIL
WHATC F1 COU , WASHINGTON
Dana B4 n- Raft ;, �cil Cl Rud Wowne, Council Chair
i6 ...
Jill Nixon, Minutes Transcription
Regular County Council Meeting, 8/8/2018, Page 9