HomeMy WebLinkAboutSpecial Committee of the Whole September 11 20181 WHATCOM COUNTY COUNCIL
2 Special Committee of the Whole
3
4 September 11, 2018
5
6 CALL TO ORDER
7
8 Council Chair Rud Browne called the meeting to order at 3:07 p.m. in the Council
9 Chambers, 311 Grand Avenue, Bellingham, Washington.
10
11
12 ROLL CALL
13
14 Present: Tim Ballew, Barbara Brenner, Rud Browne, Barry Buchanan, Tyler
15 Byrd, Todd Donovan, and Satpal Sidhu.
16 Absent: None.
17
18
19 COMMITTEE DISCUSSION
20
21 1. DISCUSSION OF PRELIMINARY DRAFT COMPREHENSIVE PLAN AND ZONING
22 AMENDMENTS — CHERRY POINT (AB2018 -076D)
23
24 Matt Aamot, Planning and Development Services Department, gave a staff report
25 and answered questions.
26
27 Councilmembers and staff discussed a public comment period, whether or not to
28 make new or expanded storage facilities for crude oil that will be refined onsite a permitted
29 or accessory use, the possibility of allowing permitting for anything up to 110 percent of
30 current capacity, and tying the storage ability to the refining capacity, and the conditional
31 use criteria and environmental impacts statement (EIS) process.
32
33 Pam Brady, BP Cherry Point, stated she can provide technical experts from her
34 company to speak to suggestions about capacity.
35
36 Councilmembers and staff discussed catastrophic insurance requirements and the
37 types of permits to which they would apply and about getting more information on existing
38 industry insurance requirements and who has title and liability of crude oil when it's
39 transported by rail through Whatcom County.
40
41 Brenner moved to hold the agenda item in committee to get more information on
42 the items they discuss today.
43
44 The motion was seconded.
45
46 The motion failed by the following vote:
47 Ayes: Brenner and Byrd (2)
48 Nays: Ballew, Browne, Buchanan, Donovan, and Sidhu (5)
49
50 Mark Personius, Planning and Development Services Director, answered questions.
51
52 Aamot continued the staff report on the Public Utilities Chapter and federal and state
53 permitting.
54
55 Councilmembers and staff discussed the processes for completing local, State and
56 federal project permit requirements.
Special Committee of the Whole, 9/11/2018, Page 1
1
2 Donovan moved to add language to Section 20.88.130, °(8) Will have obtained, if
3 required, a state aquatic lands lease, a federal permit under Section' 10 of the Rivers and
4 Harbors Act (for structures in or over navigable waters of the U.S.), and /or a federal permit
5 under Section 404 of the Clean Water Act (for fill into waters of the U.S.)` prior to county
6 council approval of the major project permit."
7
8 The motion was seconded.
9
10 Browne suggested a friendly amendment, "...prior to ceunty ceu approval of
11 the major project permit."
12
13 Donovan accepted the friendly amendment.
14
15 The motion carried by the following vote:
16 Ayes: Ballew, Browne, Buchanan, Donovan, and Sidhu (5)
17 Nays: Brenner and Byrd (2)
18
19 Browne moved to amend to add language to add a condition to the major project
20 permit process, "The applicant has no unresolved, ;unpaid taxes, permit /zoning violations,
21 valuation disputes with the County greater than $100,000 at the time of application."
22
23 The motion was seconded.
24
25 Karen Frakes, Prosecutor's Office, stated she would review the language in the
26 motion for legality.
27
28 Browne withdrew the motion.
29
30 Donovan moved to amend packet page 511, to amend language in section
31 20.82.030, subsections (1)(a) and (2)(a), "Replacement, pipelines in the same right -of -way
32 that do not increase the capacity of that aFe Fie IaFger than the pipelines being replaced,
33 which are permitted."
34
35 Councilmembers discussed a company's ability to increase capacity without
36 increasing pipeline size, allowing a company to replace pipe as necessary, and minimizing
37 risk to the public from higher capacity and pressure pipelines.
38
39 The motion was seconded.
40
41 The motion carried by the following vote:
42 Ayes: Ballew, Browne, Buchanan, Donovan, and Sidhu (5)
43 Nays: Brenner and Byrd (2)
44
45 (Clerk's Note: Councilmember Buchanan left the meeting at 4 :43 p.m.)
46
47 Browne moved to amend Policy 2CC -16 to avoid unintended consequences,
48 "...natural gas, and hazaFdeHs radioactive substance exports from the Cherry Point...."
49
50 The motion was seconded.
51
52 Councilmembers and staff discussed the definition of hazardous substances and how
53 this amendment to the Comprehensive Plan would impact the County's current regulations,
54 and limiting negative impacts instead of identifying substances.
55
56
Special Committee of the Whole, 9/11/2018, Page 2
1 The motion carried by the following vote:
2 Ayes: Ballew, Brenner, Browne, Byrd, and Donovan (5)
3 Nays: Sidhu (1)
4 Absent: Buchanan (1)
5
6 Aamot stated he will work with the Council Chair to develop a list of questions to ask
7 industry to get more information on the topics discussed and questions raised.
8
9 2. DISCUSSION REGARDING PROPOSED ORDINANCE ADOPTING AMENDMENTS
10 TO THE WHATCOM COUNTY COMPREHENSIVE PLAN AND THE WHATCOM
11 COUNTY CODE TITLE 24, HEALTH CODE, RELATING TO WATER RESOURCES
12 AND THE IMPLEMENTATION OF ESSB 6091 (ORDINANCE SCHEDULED FOR
13 INTRODUCTION THIS EVENING) (AB2018 -253)
14
15 Cliff Strong, Planning and Development Services Department, gave a staff report.
16
17 (Clerk's Note: Councilmember Byrd left the meeting at 4:55 p.m.)
18
19 Karen Frakes, Prosecutor's Office, answered questions on making the correction to
20 meet legislative requirements.
21
22 Sidhu moved to recommend introduction to the full Council.
23
24 The motion was seconded.
25
26 The motion carried by the following vote:
27 Ayes: Ballew, Brenner, Browne, Sidhu, and Donovan (5)
28 Nays: None (0)
29 Absent: Buchanan and Byrd (2)
30
31
32 OTHER BUSINESS
33
34 There was no other business.
35
36
37 ADJOURN
38
39 The meeting adjourned at 5:00 p.m.
40
41 The ��i6.iici...foved these minutes on September 25, 2018.
42 a�` Ae 'gym
43 ATTESx' `_'net WHAT C rUN COUNCIL
44"W /4, �� WH CO C ,WASHINGTON
45
46�
49 Dana Brown" ,V�ad j,ndl Cl, &k Rud 13rowne, Council Chair
50
51 ��, ✓'
52 °NI V��
53
54 Jill Nixon, Minutes Transcription
Special Committee of the Whole, 9 /11/2018, Page 3