HomeMy WebLinkAboutCouncil Jun 2 2020 Part 2Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Minutes - Final
VIRTUAL MEETING (PART 2) - VIEW ONLINE;
Tuesday, June 2, 2020
6PM
Virtual Meeting
COUNCILMEMBERS
Rud Browne
Barry Buchanan
Tyler Byrd
Todd Donovan
Ben Elenbaas
Carol Franey
Kathy Kershner
CLERK OF THE COUNCIL
Dana Brown -Davis, C.M.C.
Council Minutes - Final June 2, 2020
COUNTY COUNCIL
CALL BACK TO ORDER
Council Chair Barry Buchanan called the meeting back to order at 6 p.m. in
a virtual meeting.
ROLL CALL
Present: 7 - Rud Browne, Barry Buchanan, Tyler Byrd, Todd Donovan, Carol Frazey, Ben
Elenbaas, and Kathy Kershner
Absent: None
ANNOUNCEMENTS
Donovan read the following motion from Committee of the Whole -
Executive Session: I hereby move to approve defense and indemnification
of employee defendants named in Toppin & Laule v. Whatcom County &
Babson, Whatcom County Superior Court Cause No. 20-2-00662-37.
The motion was seconded by Frazey.
The motion carried by the following vote:
Aye: 7 - Kershner, Browne, Buchanan, Byrd, Donovan, Elenbaas and Frazey
Nay: 0
PUBLIC HEARINGS
1. AB2020-217 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
Buchanan gave a summary of how the public hearing will be done.
Clerk's note: An instructional video was shown on how to virtually join
and speak in the meeting.
There was no staff report. Buchanan opened the public hearing and the
following people spoke:
Trevor Smith
Judith Akins
Dena Jensen
Karen Russell
Andrew Gamble
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Council Minutes - Final June 2, 2020
John Munson
Lori Province
Alex Ramel
Edward Ury
Clara Jean Carmean
Ryan Likkel
Doris Smith
Dirk Vermeeren
Lance Calloway
David Kershner
Hue Beattie
Irena Lambreau
Clerk's note: An instructional video was shown on how to virtually join
and speak in the meeting.
Carrie Blackwood
Danielle Shaw
Ronald Colson
Russ Dzialo
Jennifer Sefzik
Janet Higbee -Robinson
Jeff Ten Pas
Jack McBride
Warren Sheay
Charles Bailey
Rick Eggerth
Miguel Perry
Andronetta Douglas
Jamie Douglas
Bonnie Barker
Samuel Sefzik
Jacob Pederson
Michelle Smith
Kris Halterman
Michelle Stelovich
Luis Aragon
Clerk's note: An instructional video was shown on how to virtually join
and speak in the meeting.
Brel Foebe
Christopher Grannis
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Council Minutes - Final June 2, 2020
Olof Anderson
Gretchen Hovde
Ria Bordian
Clerk's note: An instructional video was shown on how to virtually join
and speak in the meeting.
Lenee Collier
Hearing no one else Buchanan closed the Public Hearing.
(Time stamped at 02:31:52)
Donovan moved that the ordinance be adopted. The motion was seconded by
Frazey.
Councilmembers discussed the ordinance.
(Timestamped at 02:33:33)
Elenbaas moved to amend the ordinance to remove lines 42 through 51 on
Combined Packet page 40 as follows:
-
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The motion was seconded by Byrd.
Councilmembers discussed the motion to amend the ordinance.
(Timestamped at 02:47:02)
Donovan moved to call the question.
The motion to call the question failed for lack of a second.
Councilmembers continued to discuss the motion to amend to ordinance.
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The motion to amend failed by the following vote:
Aye: 3 - Byrd, Elenbaas and Kershner
Nay: 4 - Browne, Buchanan, Donovan and Frazey
Mark Personius, Planning and Development Services Department Director,
answered whether land use policy regulates any type of shipping and
whether Title 20 would regulate the construction of the facilities and the
parking lots if you were building a gravel facility.
(Timestamped at 03:07:32)
Elenbaas moved to amend the ordinance to remove lines 13-15 on
Combined Packet page 41 as follows:
WE -
The motion was seconded by Byrd.
The motion failed by the following vote:
Aye: 3 - Byrd, Elenbaas and Kershner
Nay: 4 - Buchanan, Donavan, Frazey and Browne
(Timestamped at 03:09:41)
Elenbaas moved to amend the ordinance to remove line 38 on Combined
Packet page 42 then amended his motion to remove lines 38 and 39 on
Combined Packet page 42 as follows:
The motion was seconded by Kershner.
Councilmembers discussed the motion to amend.
Cathy Halka, Council Office, repeated the motion.
The motion failed by the following vote:
Aye: 3 - Byrd, Elenbaas and Kershner
Nay: 4 - Donovan, Frazey, Browne and Buchanan
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(Timestamped at 03:56:55)
Elenbaas stated he would like to amend the ordinance to remove language in
lines 21-25 on Combined Packet page 43.
Dana Brown -Davis, Clerk of the Council, asked for clarification on where
in the ordinance the text is that Elenbaas was referring to.
Councilmembers discussed the request.
Elenbaas moved to amend the ordinance to remove language from lines
21-25 on Combined Packet page 43 as follows:
BE IT FURTHER ORDAINED that for the purpose of this ordinance the
definition of "unrefined fossil fuel" includes but is not limited +" all forms
of crude oil whether- stabilized or et r 4,:t.,me diluted bitumen,
"
in liquid or-
fet: ats " elti ing thew that e the r..,..fedi,,., of -e fiii"M,
The motion was seconded by Kershner.
Karen Frakes, Prosecuting Attorney's Office, answered a question about
whether the discussion to pass the moratorium is in accordance with the
Governor's Proclamation 20-05 and what order from the Governor lifts the
condition to limit agendas (Proclamation 20-28.4).
The motion to amend failed by the following vote:
Aye: 3 - Elenbaas and Kershner and Byrd
Nay: 4 - Donovan, Frazey, Browne and Buchanan
(Timestamped at 04:07:38)
The motion to adopt the ordinance carried by the following vote:
Aye: 4 - Frazey, Browne, Buchanan and Donovan
Nay: 3 - Elenbaas, Kershner and Byrd
Donovan's motion that the Ordinance Requiring a Public Hearing be
ADOPTED carried by the following vote:
Aye: 4 - Browne, Buchanan, Donovan, and Frazey
Nay: 3 - Byrd, Elenbaas, and Kershner
Absent: 0
Enactment No: ORD 2020-030
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OTHER ITEMS AND COUNCILMEMBER UPDATES
ADJOURN
Byrd read the following motion into the record:
Any meetings of boards, committees, and commissions through June 17
must be held in accordance with the Governor's proclamation 20-28.4.
If either the enabling statute requires or the standard practice of the
presiding body allows public comment during regular meetings, then
remote meetings must provide a process to facilitate public comment, in a
similar form and length, at the time of the meeting.
This motion is extended in conjunction with any extensions of the
Governor's proclamation beyond June 17.
The motion was seconded by Frazey.
Karen Frakes, Prosecuting Attorney's Office, answered a question about
whether the Council put a motion in place suspending all meetings due to
the Governor's order, whether that is why they are taking this action now,
whether it was passed as a motion or resolution and not an ordinance and
whether this motion should have been passed before holding a public
hearing.
The motion carried by the following vote:
Aye: 7 - Frazey, Kershner, Browne, Buchanan, Byrd, Donovan and Elenbaas
Nay: 0
Councilmembers gave closing comments.
The meeting adjourned at 10:16 p.m.
The County Council approved these minutes on July 21, 2020.
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