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WHA-CON-2018-12-04 December 04, 2018 Whatcom County Council Regular Whatcom County
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Executive Summary

The winter chill that had settled over northwest Washington seemed to follow residents into the Whatcom County Council chambers on Tuesday evening, December 4, 2018, as the seven-member council convened for their final regular meeting of the year. Council Chair Rud Browne called the meeting to order at 7:00 p.m., with all members present: Barbara Brenner, Barry Buchanan, Tyler Byrd, Todd Donovan, Carol Frazey, and Satpal Sidhu. The agenda would span from routine budget amendments to contentious debates over water rights, economic development funding, and immigration policy.

What's Next

**January 15, 2019:** Next regular Council meeting (no January 8 meeting due to quorum concerns). Staff will return with resolution to docket drinking water code amendment for expedited comprehensive plan review process. **Early 2019:** Fee schedule review promised for specific areas of concern including incarceration-related fees and parks program changes. **Ongoing:** Economic development partnership with Port of Bellingham and City of Bellingham will continue with additional staffing approved. **Comprehensive Plan Process:** Drinking water code amendment will go through Planning Commission review with expedited timeline requested. #

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Full Meeting Narrative

# A Full Council at Year's End: Whatcom County Council's December 4, 2018 Meeting The winter chill that had settled over northwest Washington seemed to follow residents into the Whatcom County Council chambers on Tuesday evening, December 4, 2018, as the seven-member council convened for their final regular meeting of the year. Council Chair Rud Browne called the meeting to order at 7:00 p.m., with all members present: Barbara Brenner, Barry Buchanan, Tyler Byrd, Todd Donovan, Carol Frazey, and Satpal Sidhu. The agenda would span from routine budget amendments to contentious debates over water rights, economic development funding, and immigration policy. The meeting began with approval of a letter to the Lummi Indian Business Council supporting an inter-governmental agreement for the Birch Bay Drive pedestrian facility project — a reminder of the complex relationships between county government and tribal sovereignty that shape regional planning decisions. ## The Cherry Point Debate: Jobs Versus Environment The evening's most emotionally charged moments came during public comment, as members of Laborers Local 292 filled the chambers to speak about Cherry Point industrial facilities. The union members, still wearing work clothes from their shifts at refineries, brought an urgency to their testimony that reflected growing anxiety about the council's proposed comprehensive plan amendments affecting industrial zoning. Michael Gallegos, speaking for Local 292's 1,400 members, addressed the council directly: "We voted for some of you people so listen to us. Earlier today you had a special committee meeting and it seemed as if the council was confused as to why people thought you were against or anti-oil. You need to express your support for the oil industry." The frustration was palpable as one speaker after another from the building trades emphasized the same theme: uncertainty about the council's intentions was creating fear among workers whose livelihoods depended on Cherry Point industries. Michael Roach framed it as a transitional moment: "We are at a critical transitionary period in this county as it relates to fossil fuels and industrial areas generally. Local governments must balance the need to transition to a green economy with the need to maintain the current economy." Trevor Smith, a business agent for Local 292, struck a more conciliatory tone after attending the afternoon's committee meeting: "I was very encouraged by what you guys were talking about and the fact that several of you came out and specifically stated that you support American jobs, American oil and American products being refined here for American and foreign consumption." But he pressed for broader public communication: "If you're not out to pass a moratorium to shut down the refineries, that needs to be more broadly put out there because there is a lot of confusion." The union testimony revealed the human stakes behind planning policy debates. These weren't abstract regulatory questions but decisions affecting families who had built their lives around industrial employment. The speakers' emphasis on safety — noting they supported the council examining safety issues — suggested room for common ground between environmental concerns and worker interests. ## Water Wars: The Deer Creek Controversy Continues As the Cherry Point speakers concluded, the focus shifted to another long-simmering controversy: water association power and property rights. The Deer Creek Water Association dispute had become a symbol of broader tensions between rural property owners and water purveyors across the county. Antone Caruso, whose family had been fighting the water association for months, delivered a frustrated update: "A month ago, Satpal invited Deer Creek Water Association to come up with a settlement with us. Nothing happened for a month. There was a lot of obfuscation, but finally we got one today at 2 o'clock in the afternoon before your 2:45 meeting, and it's totally something that's not gonna go anywhere." The pattern Caruso described reflected what multiple speakers characterized as monopoly abuse. "The law should not allow any business to force somebody to buy something they don't need in order to get something that they do," he argued. Dr. Sandy Lawrence, still recovering from hip surgery, testified about his family's similar experience: they were forced to pay for a water share they would never use and disconnect from their own well with superior water quality. Roger Hobbs, a planning consultant who had been following the issue professionally, expressed bewilderment at the procedural obstacles: "I have been in the field for a long time, planning and land use. I have never heard of a government, county or city, having to amend its comp plan to make a very minor, limited scope amendment to the code." The water association dispute illustrated how regulatory frameworks can create unintended consequences, empowering certain entities in ways that seem fundamentally unfair to affected property owners. ## Budget Battles and Performance Metrics The meeting's middle section focused on financial matters, with Finance and Administrative Services Committee recommendations making up the bulk of the agenda. But even routine budget items sparked heated exchanges about accountability and government effectiveness. The flashpoint came when Councilmember Byrd questioned funding for Communities in Schools, a program serving at-risk youth. When staff couldn't immediately provide performance metrics, Byrd balked at approving additional funding: "I want to see that we've generated more than $34,000 in economic impact to our community before you ask us for more." This triggered a broader philosophical clash about how to evaluate government programs. Councilmember Sidhu pushed back forcefully: "These things take time. This is not like selling Starbucks coffee where you sell a cup and get four bucks the same day. When you talk about economic development in the community, it's like a five to seven-year project before you can see results." The exchange revealed different approaches to fiscal oversight. Byrd's emphasis on immediate metrics reflected taxpayer frustration with programs that consume resources without demonstrable results. But other councilmembers argued that demanding short-term data could undermine long-term investments in community wellbeing. Public Health Director Regina Delahunt eventually provided statistics showing significant improvements in academics, attendance, and graduation rates among program participants. But the debate highlighted ongoing tensions about accountability in government spending. ## Economic Development: Return on Investment Similar dynamics played out when the council considered economic development funding for a partnership between the county, Port of Bellingham, and City of Bellingham. Byrd opposed increasing funding for what he saw as inadequately justified spending on additional staff. "We're gonna have a fourth person," Byrd noted, "and yet there still is no data that someone can point to that shows the impact that all three and now the fourth person is gonna have." He questioned whether the economic development director's work — attending community meetings and government sessions — actually created jobs. Councilmember Sidhu defended the investment by drawing parallels to private sector development: "Some of these things are not like black and white. You sell a cup of coffee and get four bucks. These, especially community projects, you go on a limb and invest five, ten, twenty million or a billion dollars on an idea and work like hell to make it successful." The debate reflected broader questions about government's role in economic development and how to measure return on public investment. In the end, the council approved the funding 6-1, with Byrd casting the dissenting vote. ## Immigration and Public Health: A Heated Exchange The evening's most emotionally charged debate came over a resolution supporting health protection for immigrant families. The proposal emerged from the Public Health Advisory Board in response to federal policy changes that could discourage legal immigrants from accessing public services. Public Health Director Regina Delahunt explained the dual rationale: protecting both community health and individual families. "If a child cannot get immunizations, if people have communicable diseases and they can't get treatment, then that has an impact on the entire community," she said. But the resolution sparked fierce disagreement about legal versus illegal immigration. Councilmember Byrd argued the document was too broad: "Everything in here goes to housing, healthcare, social services — not communicable diseases. Either this is a political statement or it's us giving free social services to illegal immigrants when twelve percent of our country who are American citizens still don't have access to those same healthcare benefits." The debate became personal when Councilmember Sidhu challenged the terminology: "The whole notion of this word 'illegal' is flawed, totally flawed. Human beings are not illegal, they are people. These people have been here twenty years, they are employed, they have kids, they own homes. We allow them, we make it possible, and we look the other way because we cannot tell the business people how you have sixty percent of your workforce employed and you have no documents." Councilmember Brenner emphasized the practical healthcare concerns: "I'm really concerned about the spread of communicable diseases. I don't want that to be an open-door invitation for people to break down the borders, but I don't think they're part of the same thing." The resolution ultimately passed 6-1, with Byrd opposed, along with a supporting letter to federal authorities. The debate highlighted how national immigration politics intersect with local public health responsibilities. ## The Water Rights Stalemate The meeting concluded with extended discussion of the drinking water code amendment that had been months in the making. The proposal would allow property owners to avoid forced connection to water associations under certain circumstances, but legal questions about comprehensive plan amendments had stalled progress. After much procedural wrangling, the council voted 5-2 to hold the ordinance and request staff to docket it for expedited comprehensive plan review. Councilmembers Byrd and Brenner opposed the delay, arguing that affected property owners had waited long enough. The decision reflected the frustrating reality of government procedure: even when there's broad agreement on a problem, legal requirements can slow solutions. The water association dispute would continue into the new year. ## Consent Agenda and Routine Business The council efficiently processed eighteen consent agenda items totaling several million dollars in contracts and agreements. These included funding for tourism promotion, food bank services, domestic violence programs, and infrastructure projects. The routine approval of these items reflected the less visible but essential work of local government. Notable items included $290,000 for Bellingham Whatcom Tourism, $276,000 for the Bellingham Food Bank, and various contracts supporting mental health, housing, and public safety programs. The breadth of these agreements illustrated the county's role as both service provider and funding coordinator for community needs. ## A Year's End Reflection As the meeting concluded after 10 p.m., the December 4, 2018 session captured many of the themes that had defined the county's year: balancing economic development with environmental protection, managing growth pressures on rural communities, and navigating federal policy impacts on local services. The heated debates over water rights, immigration policy, and economic development funding revealed deep philosophical differences about government's role and priorities. The Cherry Point testimony underscored how planning decisions affect real families and communities. The water association dispute highlighted how regulatory systems can create unintended consequences. The immigration resolution demonstrated how global issues manifest in local public health responsibilities. With 2019 approaching, these issues would remain central challenges for county leadership. The council had shown it could handle the routine business of government efficiently, but the contentious debates revealed ongoing tensions about Whatcom County's future direction. Whether the community could find common ground on these divisive issues would shape the county's trajectory in the coming year.

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Study Guide

### Meeting Overview The Whatcom County Council met on December 4, 2018 for their regular meeting, with committee sessions during the day and an evening council meeting. The council addressed a contentious water association ordinance, approved an economic development contract despite concerns about performance metrics, and passed a resolution supporting immigrant health services amid heated debate about federal immigration policies. ### Key Terms and Concepts **Water Association:** A quasi-governmental entity that provides water service to properties within a designated area. These associations can require property owners to connect to their system and pay fees, even if the property owner already has a functioning well. **Committee of the Whole:** A format where all council members meet informally to discuss issues without taking formal votes. This allows for more flexible discussion before items come to the full council. **Comprehensive Plan Amendment:** A formal process required to change the county's long-range planning document. Some code changes trigger this requirement, which involves public hearings and Planning Commission review. **Public Charge Rule:** A federal immigration policy that considers whether immigrants have used too many public benefits when determining eligibility for green cards or citizenship. **Executive Session:** A closed meeting where the council discusses confidential matters like real estate negotiations, personnel issues, or pending litigation. **Consent Agenda:** A group of routine items that the council can approve together without individual discussion, unless a member requests to pull an item for separate consideration. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Satpal Sidhu | County Executive | | Rud Browne | Council Chair | | Barbara Brenner | Council Member | | Tyler Byrd | Council Member | | Todd Donovan | Council Member | | Carol Frazey | Council Member | | Barry Buchanan | Council Member | | Tyler Schroeder | Deputy County Executive | | Regina Dillahunt | Public Health Director | | Karen Frakes | County Prosecutor | | Antone Caruso | Property owner with water association dispute | ### Background Context The meeting occurred during a period of significant tension over several key issues. The water association ordinance had been debated for six months, with property owners caught in disputes with the Deer Creek Water Association seeking relief from what they described as unfair practices. Meanwhile, federal immigration policies were creating fear in immigrant communities, prompting local officials to consider how to maintain public health services regardless of immigration status. The Cherry Point industrial area was also a subject of ongoing discussion, with union workers advocating for policies that support existing industrial jobs while environmental concerns continued to grow. The council was attempting to balance economic development, environmental protection, and social equity across these various challenges. ### What Happened — The Short Version The council started by approving a letter supporting a pedestrian facility project with the Lummi Nation. They then held lengthy public comment sessions where union workers defended Cherry Point industries, water association customers shared their disputes, and advocates spoke on both sides of immigration policy. During business items, the council approved most routine contracts and budget amendments. They had a heated debate over economic development funding, with Councilmember Byrd questioning performance metrics before ultimately approving the contract. The unified fee schedule sparked criticism over lack of detail in fee increases. The most contentious debates involved the water association ordinance and immigrant health resolution. After extended discussion about legal processes and comprehensive plan requirements, they voted to table the water ordinance and pursue a more formal review process. They approved the immigrant health resolution despite concerns about encouraging illegal immigration. ### What to Watch Next - January 15, 2019: The council will consider docketing the water association ordinance for comprehensive plan review - The tabled fee schedule will return for detailed review and possible amendment - Implementation of the economic development contract with performance metrics tracking - Follow-up on the immigrant health task force formation - Ongoing Cherry Point industrial area planning discussions ---

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Flash Cards

**Q:** What was the total amount of the economic development contract with the Port of Bellingham and City of Bellingham? **A:** $3,805,208 total amended contract amount, with $396,000 being the new increase for 2019. **Q:** Which council member consistently voted against funding increases due to lack of performance metrics? **A:** Tyler Byrd opposed multiple funding items, arguing the county should require data showing program effectiveness before approving increases. **Q:** What was the main complaint against the Deer Creek Water Association? **A:** Property owners were forced to pay for water shares they would never use and give up easements without compensation, even though they had functioning wells. **Q:** How much was the Communities in Schools contract expansion to Blaine School District? **A:** $34,000 to expand the program, bringing the total contract to $282,750. **Q:** Who was appointed to the Drayton Harbor Shellfish Protection District Advisory Committee? **A:** Heather Christianson was unanimously appointed to the committee. **Q:** What percentage of students in the Communities in Schools program stayed in school? **A:** 100% of students stayed in school, compared to a lower baseline rate before the program. **Q:** What was Council Chair Rud Browne's role regarding the immigrant health resolution? **A:** Browne supported the resolution and helped draft an amended letter to the federal government. **Q:** How much was the 15th budget amendment for 2018? **A:** $314,598 was requested in the fifteenth budget amendment for 2018. **Q:** Which water district's comprehensive plan was approved after being held up? **A:** The Glacier Water District comprehensive water system plan was approved after the council rescinded their earlier delay. **Q:** What was Antone Caruso's main request regarding water associations? **A:** He wanted the county to pass the water association ordinance to prevent other property owners from experiencing the same forced connection issues. **Q:** Which organization represented the union workers speaking about Cherry Point? **A:** Laborers Local 292 represented the workers advocating for continued industrial operations at Cherry Point. **Q:** How did the council vote on the water association ordinance? **A:** They voted 5-2 to table the ordinance and pursue a comprehensive plan amendment process instead. **Q:** What was the total amount for the Bridge No. 50 replacement project? **A:** $3,368,689 total amended contract amount for the West Badger Road/Bertrand Creek Bridge replacement. **Q:** Who opposed the immigrant health resolution and why? **A:** Tyler Byrd opposed it, arguing it provided services to people in the country illegally while American citizens lacked similar benefits. **Q:** What was the controversy over the unified fee schedule? **A:** Council members complained that fee increases lacked specific justification beyond "increased staff costs" with no detailed explanations. **Q:** How much funding was approved for the Disposal of Toxics Facility contract extension? **A:** $1,124,760 for an additional three years, bringing the total contract to $3,256,260. **Q:** What was Regina Dillahunt's role in the immigrant health debate? **A:** As Public Health Director, she explained how federal policy changes could force the county to provide services when people avoid federal programs. **Q:** Which council members voted against the budget in November? **A:** Barbara Brenner and Tyler Byrd voted against the 2019-2020 budget adoption. **Q:** What was the concern about the "public charge rule"? **A:** It would lower the threshold for considering immigrants as using too many public services, potentially denying them paths to citizenship. **Q:** How many consent agenda items were approved unanimously? **A:** 18 consent agenda items were approved 7-0 covering various contracts and agreements. ---

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