HomeMy WebLinkAboutSpecial Council Apr 15 2021Whatcom County
Council (Special)
COUNTY COURTHOUSE
311 Grand Avenue, Ste 005
Bellingham, WA 98225-4038
(360)778-5010
Minutes - Final
VIRTUAL MEETING - CHERRY POINT (TO PARTICIPATE, SEE
INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil OR CALL
360.778.5010)
Thursday, April 15, 2021
2PM
Virtual Meeting
COUNCILMEMBERS
Rud Browne
Barry Buchanan
Tyler Byrd
"Todd Donovan
Ben Elenbaas
Carol Frazey
Kathy Kershner
CLERK OF THE COUNCIL
Dana Brown -Davis, C.M.C.
Council (Special) Minutes - Final April 15, 2021
Call To Order
Roll Call
Council Chair Barry Buchanan called the meeting to order at 2 p.m. in a
virtual meeting.
Present: 7 - Rud Browne, Barry Buchanan, Tyler Byrd, Todd Donovan, Carol Frazey, Ben
Elenbaas and Kathy Kershner
Absent: None
Committee Discussion
1. AB2020-345 Discussion of proposed Cherry Point amendments
Approximate Timestamp: 00:01:06
The following stakeholder group members and other representatives were
present:
• Pam Brady, BP
• Jeff Chalfant, BP
• Cindy Chapman, BP
• Gavin Carscallen, Petrogas
• Andrew Gamble, Petrogas
• Brad Brown, Philips 66
• Scott Irwin, Phillips 66 Contractor
• Tim Johnson, Phillips 66
• Holli Johnson, Western States Petroleum Association (WSPA)
• Trevor Smith, Laborers Local 292
• Crispina O'Connor, ERM
• Carl Weimer
• Shannon Wright RE Sources
• Rick Eggerth, Independent Consultant
• Johan Hellman, BNSF Railway
• Matt Krogh, Stand.earth
• Edward Ury
Brad Brown, Phillips 66, briefed the Councilmembers on the code language
proposal for the Cherry Point Comprehensive Plan and Code amendments
and answered questions.
Approximate Timestamp: 00:08:42
Councilmembers and the following people discussed proposed language in
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Whatcom County Code (WCC) 20.68.050 and WCC 20.68.068 Subsection
21 (Inter -refinery shipments of refined products and Intermediate Materials
such as unfinished oils and blendstocks):
• Brad Brown, Phillips 66
• Jeff Chalfant, BP
• Satpal Sidhu, County Executive
Browne moved that they ask the stakeholder group to come up with
alternative language WCC 20.68.068 Subsection 21 and revise the
definition of committed inter -refinery shipments to exclude large volumes
of refined fuels as a primary function. The motion was seconded by Frazey.
Councilmembers discussed whether they should vote on accepting the work
of the stakeholder group first, Browne's motion, and how the motion might
be worded differently.
Donovan moved that the stakeholder group come back to the Council with a
narrower definition and code language defining inter -refinery shipments to
address the concerns discussed in the meeting today.
Browne withdrew his motion and accepted Donovan's motion as an
alternative.
Councilmembers and Brown discussed Donovan's motion and when such
language might come back to the Council.
The motion carried by the following vote:
Aye: 4 - Browne, Buchanan, Donovan, and Frazey
Nay: 3 - Byrd, Elenbaas, and Kershner
Approximate Timestamp: 01:04:39
Donovan stated he would like to discuss an amendment to language in WCC
20.68.207 (Coal-fired power plants) so that it is expanded to new facilities
that are primarily burning fossil fuels but he did not make a motion.
Councilmembers discussed the proposed amendment.
The following people answered questions about gas -fired power plants and
co -generation plants:
• Matt Aamot, Planning and Development Services Department
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• Brad Brown, Phillips 66
Browne moved to create a new section 20.68.090 that cogeneration of
power from byproducts of refining is a permitted use. The motion was
seconded by Byrd.
Councilmembers discussed the motion.
Aamot answered whether there is already code language addressing this.
Browne withdrew his motion with the condition that the Stakeholders have
an understanding that the Council is interested in this topic and they can add
it to their list.
Dana Brown -Davis, Clerk of the Council, answered a question about
withdrawing the motion.
Byrd withdrew his second so the motion was withdrawn.
Approximate Timestamp: 01:31:44
Browne moved to amend 16.08.090 Subsection E to add "and the County
Council" as follows:
The form of the worksheet shall be prepared and updated as
neededenee per yeaf by the SEPA Responsible Official in
consultation with the Planning Commission and the County
Cnimoiland t^lEing into neeeunt the eemme»ts of the Cl. na
The motion was seconded by Frazey.
Councilmembers discussed the motion and the following people answered
questions:
• Mark Personius, Planning and Development Services Department
Director
• Royce Buckingham, Prosecuting Attorney's Office
The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Kershner, and Browne
Nay: 0
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Approximate Timestamp: 01:41:34
Browne moved to amend WCC 16.08.160 (Substantive authority)
Subsection E (Relationship to Federal, State and Regional Regulations) as
follows:
The County need4m -not so defer if such regulations did not
anticipate or are otherwise inadequate to address a particular impact
of a project or would be less restrictive than County Code.
The motion was seconded by Donovan.
The following people spoke
• Royce Buckingham, Prosecuting Attorney's Office
• Karen Frakes, Prosecuting Attorney's Office
Browne amended his motion to replace the word "need" with "shall" as
follows:
The County needshall not so defer if such regulations did not
anticipate or are otherwise inadequate to address a particular impact
of a project or would be less restrictive than County Code.
Councilmembers and the attorneys discussed the motion and the following
people also spoke:
• Brad Brown, Phillips 66
• Mark Personius, Planning and Development Services Department
Director
• Matt Aamot, Planning and Development Services Department
The amended motion carried by the following vote:
Aye: 4 - Donovan, Frazey, Browne, and Buchanan
Nay: 3 - Byrd, Elenbaas, and Kershner
Approximate Timestamp: 01:57:05
Frazey spoke about prohibited uses and the previous discussion on new
facilities.
Elenbaas moved to accept the recommendations of the stakeholder group
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as presented, minus already passed motions from this meeting.
Kershner seconded and suggested a friendly amendment to rephrase the
motion to change "minus already passed motions from this meeting" to
"with the passed amendments".
Elenbaas accepted the friendly amendment to accept the
recommendations of the stakeholder group as presented with the passed
amendments.
Karen Frakes, Prosecuting Attorney's Office, and Councilmembers
discussed the motion.
Browne asked and the following people answered questions about insurance
and liability:
• Brad Brown, Phillips 66
• Scott Irwin, Phillips 66 Contractor
• Cindy Chapman, BP
• Rick Eggerth, Independent Consultant
Councilmembers discussed the topic.
Elenbaas moved that they accept the stakeholder's proposed language on
insurance. The motion was seconded by Byrd.
Clerk's note: There was already a motion on the floor at this time.
Councilmembers and the speakers discussed the motion with the following
people:
• Rick Eggerth, Independent Consultant
• Scott Irwin, Phillips 66 Contractor
• Johan Hellman, BNSF Railway
• Karen Frakes, Prosecuting Attorney's Office
Elenbaas stated he did not want to withdraw his first motion and restated
the motion to accept the recommendations of the stakeholder group as
presented with the amendments passed today and excluding what the
Council has directed them to address. The motion was seconded by
Kershner.
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Councilmembers discussed the motion and the following person spoke:
• Rick Eggerth, Independent Consultant
Elenbaas restated his original motion to accept the recommendations of
the stakeholder group as presented with the amendments passed today and
excluding what the Council has directed them to address.
Browne suggested a friendly amendment to forward the document to the
Planning and Development Services Department (PDS) for cleanup with the
understanding that the issues the Council has already asked the stakeholder
group to address will be brought back to the Council.
Elenbaas accepted the friendly amendment and stated it would go to PDS
next for them to incorporate into a clean version for PDS and legal review.
Donovan clarified that the motion does not preclude them from taking
recommendations from PDS and legal to make further changes but nothing
beyond what they discussed today.
Elenbaas agreed and stated if PDS comes up with something they think we
need input on, the Council can ask for more input.
Donovan stated he would bring up WCC 20.68.207 and whether they want
the prohibition to be coal-fired plants or fossil fuel plants generally and
assumes that topic is still on the table.
Elenbaas' motion carried by the following vote:
Aye: 5 - Donovan, Elenbaas, Kershner, Buchanan, and Byrd
Nay: 2 - Frazey and Browne
Approximate Timestamp: 03:16:30
Karen Frakes, Prosecuting Attorney's Office discussed with
Councilmembers the contract with Cascadia Law, how the Council would
like to spend the money they allocated to it if at all, and how it might relate
to the timing of the interim Ordinance.
The following Person also spoke about whether information from the
stakeholder group could be brought to the Council by the next regular
Council meeting date:
• Brad Brown, Phillips 66
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Councilmembers thanked the stakeholder group for their work.
This agenda item was DISCUSSED AND MOTION(S) APPROVED.
Items Added by Revision
Other Business
Adjournment
There were no agenda items added by revision.
There was no other business.
The meeting adjourned at 5:31 p.m.
The County Council approved these minutes on May 4, 2021.
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-Pan Brov &Ottvis, Council Clerk
Kristi Felbinger, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
VBauchanan, Council Chair
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