HomeMy WebLinkAboutSpecial Committee of the Whole open meeting March 14 20171 WHATCOM COUNTY COUNCIL
2 Special Committee of the Whole
3
4 March 14, 2017
5
6
7 CALL TO ORDER
8
9 Council Chair Barry Buchanan called the meeting to order at 1:00 p.m. in the Council
10 Chambers, 311 Grand Avenue, Bellingham, Washington.
11
12
13 ROLL CALL
14
15 Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd
16 Donovan, Rud Browne and Barry Buchanan.
17 Absent: None.
18
19
20
21 COMMITTEE DISCUSSION
22
23
24 1. DISCUSSION OF PROPOSED COMPREHENSIVE PLAN AMENDMENTS
25 RELATING TO THE CHERRY POINT URBAN GROWTH AREA (AB2017 -063)
26
27 Brenner moved to amend page two of Exhibit A, lines 37 -39, "Since adoption of
28 earlier versions of this Comprehensive Plan, governments have increased their recognition
29 of the observed and projected effects that fossil fuel extraction, transportation and use have
30 on human health and the environment. The Cherry Point LJ " contains the _nd largest
31 2, which was FLIled air pellution by the US
32 S.upre �e Court :n 2G..�n- Was11 -r � �t�te (-Eeebg ,
33
34 The motion was seconded.
35
36 Councilmembers spoke about the Ecology study.
37
38 The motion carried by the following vote:
39 Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
40 Nays: None (0)
41 Absent: Mann (1)
42
43 Brenner moved to amend ordinance page two of Exhibit A, page three, lines 19 -21,
44 " In December 2010,... northern border of the Lummi Indian Nation Reservation. The site
45 excludes three existing aquatic land leases (BP, Intalco, Phillips 66 shipping piers) and one
46 proposed aquatic land lease."
Special Committee of the Whole Open Session, 3/14/2017, Page 1
1
2 Matt Aamot, Planning and Development Services Department, answered questions
3 about the reason the Planning Commission removed the language, which lists the specific
4 leases in the language earlier in that section; the inaccuracy of the statement regarding the
5 proposed aquatic land lease; and how the Commissioner of Lands can exempt something
6 from a rule.
7
8 Brenner withdrew her motion.
9
10 Brenner moved to amend ordinance page three of Exhibit A, lines 32 -44, "The
11 Management Plan acknowledges that the existing industries, complying with laws and
12 regulations, do not conflict with the Aquatic Reserve. Much of the Aquatic Reserve shoreline
13 is in substantially natural riparian vegetation and bluff processes proceed without
14 interference. Existing shoreline and upland stream and wetland functions and values are of
15 continuing importance to the recovery and protection of species identified in the Aquatic
16 Reserve Management Plan. The area includes undeveloped intertidal wetlands with
17 importance to juvenile salmon and other species. Existing industries can serve the Aquatic
18 Reserve's objectives so long as they are managed according to the Plan and so long as the
19 lessees actively work to further goals for the Reserve (CPAR MP p. 2)."
20
21 The motion was seconded.
22
23 Aamot answered questions about and councilmembers discussed the tone of the
24 statement, inherent conflict with the aquatic reserve, the difference between being legally
25 compliant and compliant with the aquatic reserve, and whether the Council should make a
26 stated determination about compliance of an applicant.
27
28 Brenner amended her motion to amend ordinance page three of Exhibit A, lines
29 32 -44, "The Management Plan acknowledges that the existing industries comply with
30 existing laws and regulations. Much of the... "V Y
31
32 The amended motion was seconded.
33
34 Browne moved to call the question.
35
36 The motion to call the question was seconded.
37
38 The motion to call the question carried by the following vote:
39 Ayes: Sidhu, Browne, Buchanan, Weimer, and Donovan (5)
40 Nays: Brenner (1)
41 Absent: Mann (1)
42
43 The motion to amend failed by the following vote:
44 Ayes: Brenner (1)
45 Nays: Sidhu, Browne, Buchanan, Weimer, and Donovan (5)
46 Absent: Mann (1)
Special Committee of the Whole Open Session, 3/14/2017, Page 2
1
2 Brenner moved to amend ordinance page four of Exhibit A, lines 3 -20, "The County
3 and industrial users have long recognized that the Cherry Point area exhibits a unique set of
4 characteristics that makes land there not only locally but regionally important for the siting
5 of major industrial developments. The county supports a limit, which allows the construction
6 of one additional dock or pier at Cherry Point, due to environmental and treaty right
7 concerns. wed -eta - "the p b4e-r r- d- deve4aped during
8 science in the feceFd, the-Geunt-y ski-R�- a4 -I-t t
9 de t eeneems . = =.ated -a�
10 phgs4eM- interfer-enee -with shoreline and- valuesi (b) physical interfefeg -ee- �
trail +t+en , Y71 7isLVfic; and "c81`I'{7lT4TGTL7l fls lTk"fi—an
F and (c) the increased risk of eatastfep ie and ei-Feul live '-el spills
.... rea with „,fs and other
13 n- e7, -��� steel-- t��ic�te�t�ce�l- i�i�s��-- ta- r�k� --�� �,--��
14 serving the existing three pieFS at CheFFY Point, and related barge traffic and—suppeA
15 vessels (see -Pel. 2CC 11 . Deep water access for shipping is a critical locational factor.
16 These characteristics were articulated in the Overall Economic Development Plan (OEDP) for
17 Whatcom County adopted by the Whatcom County Council of Governments in May, 1993, in
18 the 1997 Property Counselors Report on supply and demand for industrial land in Whatcom
19 County and at Cherry Point, the 2002 Greater Whatcom Comprehensive Economic
20 Development Strategy, the 2003 Whatcom County Industrial Land Study, and the 2015
21 Whatcom County Comprehensive Economic Development Strategy."
22
23 The motion was seconded.
24
25 Councilmembers discussed putting policy statements in a different section.
26
27 Brenner amended her motion to amend ordinance page four of Exhibit A, lines 3-
28 20, "The County and industrial users have long recognized that the Cherry Point area
29 exhibits a unique set of characteristics that makes land there not only locally but regionally
30 important for the siting of major industrial developments. Based en the Publ4e-+eeerd-
31 developed- dUF'ng this plan review and best available science in the r-eeeind, the Geui
32 strp arts�a -I +r i -a� �'-e --'--..mien ks
:� or piers at Cherry Rnint clue
33 to eevffantf efr
34 shoreline '
functions interference , histeric and
35 camrneFdal fishing and shellfish harvesting a" '- ,e Gherry Point s ter iii �e
36 feel �pi�4e fraw�a -i�c aseci- larr�e
37 vessel• -�, pet-efRial collisions w th tankers d ..the el serving the sting three
38 pleFs at Ghe -y�-Pa'iwn - at�d'Felated -bef-
39 Deep water access for shipping is a critical locational factor. These characteristics were
40 articulated in the Overall Economic Development Plan (OEDP) for Whatcom County adopted
41 by the Whatcom County Council of Governments in May, 1993, in the 1997 Property
42 Counselors Report on supply and demand for industrial land in Whatcom County and at
43 Cherry Point, the 2002 Greater Whatcom Comprehensive Economic Development Strategy,
44 the 2003 Whatcom County Industrial Land Study, and the 2015 Whatcom County
45 Comprehensive Economic Development Strategy."
46
Special Committee of the Whole Open Session, 3/14/2017, Page 3
1 Councilmembers discussed Councilmember Browne's alternate proposed language.
2
3 The motion carried by the following vote:
4 Ayes: Sidhu, Browne, Buchanan, Brenner, and Donovan (5)
5 Nays: Weimer (1)
6 Absent: Mann (1)
7
8 Brenner moved to amend ordinance page four of Exhibit A, to delete lines 22 -41,
9 "The United Stated Congress approved the ... k--te
10 efrler-ee --thug n u sere- „
11
12 The motion was seconded.
13
14 Councilmembers discussed whether statements about compliance with federal, state,
15 and local laws makes this section unnecessary; that the Committee added this language at
16 the previous meeting; explaining the Magnuson Amendment for informational purposes; a
17 reference to the Magnuson Amendment doesn't negate it or the industry; and the chance of
18 catastrophic events with dealing with crude or refined oil products.
19
20 The motion to amend failed by the following vote:
21 Ayes: Brenner (1)
22 Nays: Sidhu, Browne, Buchanan, Weimer, and Donovan (5)
23 Absent: Mann (1)
24
25 Weimer moved to amend ordinance page eight of Exhibit A, Policy 2CC -3, bullet
26 three, "Archeological review done in cooperation with the Lummi Nation; and"
27
28 The motion was seconded.
29
30 Councilmembers discussed whether the Lummi Nation would choose to cooperate.
31
32 Weimer withdrew his motion.
33
34 Donovan moved to amend ordinance page eight of Exhibit A, Policy 2CC -3, new
35 bullet five, "Enhance existing and future industries."
36
37 The motion was seconded.
38
39 Councilmembers discussed the meaning of "enhanced."
40
41 Browne suggested a friendly amendment to also amend the first bullet point in
42 Policy 2CC -3, "Clean and lew reduced carbon emitting technology."
43
44 Donovan accepted the friendly amendment.
45
46
Special Committee of the Whole Open Session, 3/14/2017, Page 4
The motion carried by the following vote:
Ayes: Sidhu, Browne, Buchanan, Brenner, Weimer, and Donovan (6)
Nays: None (0)
Absent: Mann (1)
Weimer moved to amend ordinance Policy 2CC -11:
"It is the ce-nti i-ng policy of Whatcom County to sHppert a limit eat
the number of industrial piers at Cherry Point to the existing three
piers, taking into account the need to, consistent with:
• Honor any existing vested rights, apprevals or agreernent-s
f,-tyy ;
• Update the Whatcom County Shoreline Master Program to
conform with this policy;
• Encourage the continued agency use of best available science;
• Support and remain consistent with the state Department of
Natural Resources' withdrawal of Cherry Point tidelands and
bedlands from the general leasing program and the species
recovery goals of the Cherry Point Aquatic Reserve designation
and Management Plan;
• Recognize federal actions upholding treaty rights;
• Protect traditional commercial and tribal fishing;
• Prevent conflicts with vessel shipment operations of existing
refineries that could lead to catastrophic oil or fuel spills;
VV4+atc -eFn, ..Cou nty'-�I FEt+eR ef the -'h efel i ne-M negem- ef't
Aet; -'the- Wh -atee gfem-,-Wh,atEern
County Gernpr -ehe I Ye Plan, Whatcom County CFitica s
including, dT+rheuut = rTngill —� e, — fii^E`Ehanieal and ..tectriea4
codes adopted by Whateem ufi -t'yL�
e --s{ ---ag }d ' w5— a*d-- regu4a°tief}5
tfTE udii9g it- i••'•t limit e State Enyif-vmill, efFt l-- -Peii� Act
Washi-n� ian Graves - and ReeeFds Act, the shingten
AFehaee#egic-al Sites and Resabrees Act, the state Energy
Fadlity I^�,.,� , ,ite Management imposed _
Pis4iqt-Aquet'I eSe FVef"TIInag'eme'nt' Plan, •.•d FPl" I rl .. �.—
Wat-e. ACt-as delegated to the �-
Star ,oY gt �i
r
f federal laws, la ns
- p� #Eaa'CrcTr�vi-- rcQTegrr' 'r[Y�f]Tr,,-a'
treaties rt lie ems,- ing,k the Nato nal
Pfi- eser;u'a- tNET"' Art, Glean ate r et, - IGlean -- Air A @_ EndangeFed
e pe ratF[3fl ale fffefl t tie - f c3 �Fn
Mamma! Preteetien--Aet."
The motion was seconded.
Special Committee of the Whole Open Session, 3/14/2017, Page 5
1
2 The following staff answered questions:
3 • Royce Buckingham, Prosecutor's Office
4 • Karen Frakes, Prosecutor's Office
5
6 Staff answered questions and Councilmembers discussed language about projects
7 that may or may not be vested; honoring vested rights; the study to be completed should
8 answer questions for future councils regarding legal commitments; getting clarity on the
9 status of existing permits and rights; the possible need to update the Shoreline Master Plan;
10 and staff developing an opinion to the vested rights of Pacific International Terminal.
11
12 Weimer accepted as friendly amendments suggestions to change the
13 amendment from staff and councilmembers.
14
15 Brenner moved to amend the motion to amend to add language, "Update the
16 Whatcom County Shoreline Master Program to conform with this policy. Such an update
17 shall not interfere with policies, settlements, or other legal agreements in place prior to the
18 update."
19
20 The motion was seconded.
21
22 Staff and councilmembers discussed the Magnuson Amendment and amendments to
23 the Shoreline Master Plan that have to go to the Department of Ecology.
24
25 Brenner's motion failed by the following vote:
26 Ayes: Brenner (1)
27 Nays: Sidhu, Browne, Buchanan, Weimer, and Donovan (5)
28 Absent: Mann (1)
29
30 Forest Longman, Council Legislative Analyst, restated the amended motion to
31 amend ordinance Policy 2CC -11:
32
33 "It is the eantinuing policy of Whatcom County to sappers -a limit e-R
34 the number of industrial piers at Cherry Point to the existing three
35 piers, taking into account the need to, ,.ansisterit with:
36
37 Honor any existing vested rights or other legally enforceable
38 agreements for an additional dock /pier, apprevals OF
39 agf-eeff�eerts--g..,, —u; er— W-h-ateam- -Ceun Shere ;ne tiger
40 PFegra m;
41 • Update the Whatcom County Shoreline Master Program to
42 conform with this policy;
43 Encourage the continued agency use of best available science;
44 Support and remain consistent with the state Department of
45 Natural Resources' withdrawal of Cherry Point tidelands and
46 bedlands from the general leasing program and the species
Special Committee of the Whole Open Session, 3/14/2017, Page 6
1 recovery goals of the Cherry Point Aquatic Reserve designation
2 and Management Plan;
3 Recognize federal actions upholding treaty rights;
4 Protect traditional commercial and tribal fishing;
5 Prevent conflicts with vessel shipment operations of existing
6 refineries that could lead to catastrophic oil or fuel spills;
7 '..A ,, [FRe- 44arag efit
y
9 County Gemprehensive Plan, Whateern Geunty Critical Areas
10 GFElinianee and other applicable leeal plans, laws and regulations
11 a la •c fi. I I a
i °I�£itF€i-F , tl-nni�-7si ��1E— rtT' �f- Fl�� .rr�?fti£s�r�zfr�€--- eleEt-1=k�
12 codes adopted b._I i k 2 e {-mss_.
u- rra'-cccni`r- u�c±-rrc�
13 • state agendes' application ef state laws and fegulatiens
14 ifli4uding witheut 11mit the State Environmental Policy ActT
15 W awl i tQ+ I �rd+ar s-a r+d- Fteeef�- 1�`�1-�° I A I -- c
16 Are h a e ategk-aSites -a-Rd- 4;V-�u�Fees A et, state FfrerW
17 Facility Site Location Act Ira
18 Point Aquatie Reserve Management Plan; and the federal Clean
19 Water Act as delegated te the State of Washington; and
20 - f- edewal ague -i es' app4icatien of ems- laws, regula d
21 tie ie — rt di - i eut- - liFnit th P+lati+ l-- +llst-offc-
22 Preserv-at+e-n- Act, lea„gate,-- Aet, Glean Air Ac* ffgere4
23 Speeies Aet, U.S. Geast Guard regulations regarding vessel
24 eeratie ns, and the Magnusen Amendment to the MaFine
T ^fC71l1TiTCIITfTJC4eCTIIi'iT1 Gr
26
27 Brenner moved to amend ordinance page nine of Exhibit A, Policy 2CC -11, "It is
28 the continuing policy of Whatcom County to support a limit on the number of industrial piers
29 at Cherry Point, consistent with federal, state, and local laws. Any moratorium shall not
30 affect, nor otherwise apply to, any proposed pier that Whatcom County approved under its
31 Shoreline Management Program prior to adoption of the moratorium."
32
33 Sidhu stated they've already covered it.
34
35 Brenner withdrew her motion.
36
37 Weimer moved to amend ordinance page ten of Exhibit A, Policy 2CC -15,
38 "Whatcom County will encourage federal agencies, including the U.S. Army Corps of
39 Engineers, to enforce the provisions of the Magnuson Amendment (33 USC Sec. 476). To
40 accomplish this the County will make appropriate seek eensultation with- appfepfate federal
41 agencies 4 aware of applications for development permits that are submitted to the County
42 that staff thinks may conflict with the Magnuson Amendment. If n-e , Whateern
43 Geu arty - ay-i i ti ate le a a lei to epr rc�� is ie�f�e grrd sa Ft er re . '
44
45 The motion was seconded.
46
Special Committee of the Whole Open Session, 3/14/2017, Page 7
1 Brenner moved to substitute by deleting the entire Policy 2CC -15.
2
3 The motion was seconded.
4
5 Brenner's motion to substitute failed by the following vote:
6 Ayes: Brenner (1)
7 Nays: Sidhu, Browne, Buchanan, Weimer, and Donovan (5)
8 Absent: Mann (1)
9
10 The main motion carried by the following vote:
11 Ayes: Sidhu, Browne, Buchanan, Weimer, and Donovan (5)
12 Nays: Brenner (1)
13 Absent: Mann (1)
14
15 Weimer moved to amend ordinance page ten of Exhibit A, Policy 2CC -16, "The
16 County shall undertake a study to be completed if possible by December of 2018 2017 to
17 examine existing County laws, including those related to public health, safety, development,
18 building, zoning, permitting, electrical, nuisance, and fire codes, and develop
19 recommendations for legal ways the County may choose ear —werk to limit the public safety
20 and environmental impacts from crude oil, coal, liquefied petroleum gases and natural gas
21 exports from the Cherry Point UGA above levels in existence as of March 1, 2017. gulf
22 �0-:�&,—affd —att- -ate The study shall review and
23 analyze any legal advice freely submitted to the County by legal experts on behalf of a
24 variety of stakeholder interests, and make that advice public as part of the study report."
25
26 The motion was seconded.
27
28 Councilmembers discussed including transportation impacts; whether or not there is
29 intent to shut down these uses; not shifting the demand: certain oases reDlacina coal, which
30 is much worse; whether the intent is to limit what's being shipped from Cherry Point versus
31 what's being exported from Cherry Point; the purpose of the study to get more information
32 on the local government's legal powers, the community's obligation to consider the cost of
33 first response and other costs in an emergency, because those costs are on public entities;
34 public safety, environmental hazards, and the local community that must pay the cost of an
35 accident; companies that will make decisions based on the best investment, without regard
36 to impacts to employees and local communities; creating unbiased language for future
37 councils; "transshipment" versus "export "; broadening the scope of the study to issues
38 other than shipment; vesting status of the fourth pier; define what they mean by and the
39 purpose of limiting exports; and preserving and expanding jobs and economic advantages
40 and ensuring environmental impacts are minimized.
41
42 Browne moved to substitute the motion to amend:
43
44 "The County shall undertake a study to be completed if possible by
45 December of 2018 2017 to examine existing County laws, including those
46 related to public health, safety, development, building, zoning, permitting,
Special Committee of the Whole Open Session, 3/14/2017, Page 8
1 electrical, nuisance, and fire codes and develop recommendations for legal
2 ways the County eats --we„k may choose to limit the public safety,
3 transportation, economic impact, deterioration of the job base, and
4 environmental impacts from crude oil, coal, liquefied petroleum gases, and
5 natural gas transshipments or exports from the Cherry Point UGA above
6 levels in existence as of guly 5, 2016 March 1, 2017,
7 dea and low eaFbe rr -ltf". Additionally the study should seek to identify
8 ways to increase the economic strength of the UGA.
9
10 To provide clear guidance to current and future county councils on the
11 County's legal rights, responsibilities and limitations regarding interpretation
12 and application of project evaluation under Section 20.88.130 (Major Projects
13 Permits) of the Whatcom County Code.
14
15 Weimer accepted as friendly amendments the motion from Councilmember
16 Browne and suggestions to change the amendment from councilmembers.
17
18 (Clerk's Note: Councilmember Mann arrived at the meeting.)
19
20 Councilmembers discussed creating a definition of transshipment, saving and
21 increasing the job base and economic benefits to the community, and enhancing public
22 safety and environmental protection.
23
24 Browne moved to call the question.
25
26 The motion was seconded.
27
28 Browne withdrew his motion to call the question.
29
30 Sidhu moved to add language to the motion, "The County shall limit the public
31 safety, transportation, negative economic and environmental impacts from...."
32
33 The motion was seconded.
34
35 Councilmembers continued to discuss the language.
36
37 Sidhu withdrew his motion.
38
39 Browne moved to call the question.
40
41 The motion was seconded.
42
43 The motion to call the question carried by the following vote:
44 Ayes: Sidhu, Mann, Browne, Buchanan, and Weimer (5)
45 Nays: Brenner and Donovan (2)
46
Special Committee of the Whole Open Session, 3/14/2017, Page 9
1 Buchanan read the motion into the record.
2
3 "The County shall undertake a study to be completed if possible by
4 December of 2018 2017 to examine existing County laws, including those
5 related to public health, safety, development, building, zoning, permitting,
6 electrical, nuisance, and fire codes and develop recommendations for legal
7 ways the County can We,Fk may choose to limit the public safety,
8 transportation, economic and environmental impacts from crude oil, coal,
9 liquefied petroleum gases, and natural gas transshipments or exports from
10 the Cherry Point UGA above levels in existence as of a++ly 5, 2016 March 1,
11 2017, -ar► ea n -ate
12
13 To provide clear guidance to current and future county councils on the
14 County's legal rights, responsibilities and limitations regarding interpretation
15 and application of project evaluation under Section 20.88.130 (Major Projects
16 Permits) of the Whatcom County Code."
17
18 The main motion carried by the following vote:
19 Ayes: Sidhu, Mann, Browne, Buchanan, and Weimer (5)
20 Nays: Brenner and Donovan (2)
21
22 Donovan moved to amend to add a new policy, "2CC -17: Policy 2CC -16 shall not
23 limit existing uses, nor limit the expansion of existing facilities, nor limit maintenance and
24 operation of existing facilities, nor limit the development of new facilities consistent with the
25 existing uses as of March 1, 2017."
26
27 The motion was seconded.
28
29 Councilmembers discussed and refined the sentence structure of the motion. the
30 refinery management's consideration of its employees, which facilities could be expanded,
31 and defining what the study does versus what it doesn't do.
32
33 Browne suggested a friendly amendment to substitute the motion, "2CC -17:
34 Policy 2CC -16 shall not limit the compliant expansion of existing uses, maintenance of
35 existing facilities, and the development of new facilities, consistent with the existing uses as
36 of March 1, 2017."
37
38 Donovan accepted the friendly amendment..
39
40 Brenner moved to hold in Committee. The motion was seconded.
41
42 The motion to hold in Committee carried by the following vote:
43 Ayes: Weimer, Mann, Buchanan, and Brenner (4)
44 Nays: Browne, Sidhu, and Donovan (3)
45
46
Special Committee of the Whole Open Session, 3/14/2017, Page 10
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OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 3:20 p.m.
I"he Council approved these minutes on April 18, 2017.
tifilll11j11
ATTEST.,. ,`'� -� 4' • C WHATCOM COUNTY COUNCIL
WB,4T+�'�`.✓ WHATCOM COUNTY, WASHINGTON
COLINTV
Dana:lrowP 6ncil161 erk Barry 4chanan, Council Chair
� r��fjff►a�
Jill Nixon, Minutes Transcription
Special Committee of the Whole Open Session, 3/14/2017, Page 11