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HomeMy WebLinkAboutPacket Special Council Aug 2 2021Whatcom County Council (Special) COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Meeting Agenda Monday, August 2, 2021 1PM Virtual Meeting VIRTUAL MEETING (TO PARTICIPATE, SEE INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil OR CALL 360.778.5010) 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) Meeting Agenda August 2, 2021 Call To Order Roll Call Announcements The Council is currently holding all meetings remotely. View meeting schedules, agendas, minutes, videos, and archives at whatcom.legistar.com. For instructions on how to watch or participate in the Council's meetings, please visit www.whatcomcounty.us/joinvirtualcouncil or contact the Council Office at 360.778.5010. Individuals who require special assistance to participate in the Council's meetings are asked to contact the Council Office at 360.778-5010 at least 96 hours in advance. Council Action 1. AB2021-473 Appointment of members to serve on committees that will prepare Whatcom County Voters' Guide statements for two ballot measures, one to amend the County Charter and the other to establish a Birch Bay Library Capital Facility Area Other Business Introduction 1. AB2021-475 Ordinance repealing Ordinance 2021-029, which imposed an interim moratorium on the acceptance and processing of applicatons 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 Adiournment Whatcom County Page 2 Printed on 21712024 File ID: AB2021-473 File Created: 07/29/2021 Department: Council Office Assigned to: Council (Special) Agenda Date: 08/02/2021 Whatcom County Agenda Bill Report File Number: AB2021-473 Version: 1 Entered by: DBrown@comhatcomma.us File Type: Special Council Only Item Primary Contact Email: DBrown@co.whatcom.wa.us TITLE FOR AGENDA ITEM: COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 Status: Appointed Final Action: 08/02/2021 Enactment #: Appointment of members to serve on committees that will prepare Whatcom County Voters' Guide statements for two ballot measures, one to amend the County Charter and the other to establish a Birch Bay Library Capital Facility Area SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Per RCW 29A.32.280, the Council will formally appoint a committee to prepare arguments advocating voters' approval of the two measures listed below and shall formally appoint a committee to prepare arguments advocating voters' rejection of the two measures. The Council will appoint persons known to favor the measure to serve on the committee advocating approval and shall, whenever possible, appoint persons known to oppose the measure to serve on the committee advocating rejection. Each committee shall have not more than three members, however, a committee may seek the advice of any person or persons. If the Council fails to make such appointments by the prescribed deadline of August 3, the county auditor shall whenever possible make the appointments. PROPOSAL 1 - AMENDMENTS TO THE WHATCOM COUNTY CHARTER On June 1, 2021, the Whatcom County Council adopted Ordinance 2021-032, submitting to the qualified voters of Whatcom County a proposal to amend Whatcom County Charter Sections 5.40 and 5.41 to align signature requirements for citizen initiatives with Washington State norms. This ordinance submits to the qualified voters of Whatcom County (at the November 2021 General Election) a charter amendment to allow that persons proposing an initiative must " collect the signatures of the registered voters in the county equal in number to not less than eight (8) percent of the vote cast in the county in Whatcom County Page 1 Printed on 21712024 Agenda Bill Report Continued (AB2021-473) the last regular county executive election," and the requirement for a mini -initiative be " the signatures of qualified voters equal in number to not less than three (3) percent of the number of votes cast in the county in the last county executive g4o,... election." The changes would amend Section 5. 40 and Section 5.41 of the County Charter. PROPOSAL 2 - ESTABLISH A BIRCH BAY LIBRARY CAPITAL FACILITY AREA On July 27, 2021, the Whatcom County Council adopted Ordinance 2021-049, requesting the Whatcom County Auditor include on the ballot at the November General Election the question of establishing a Birch Bay Library Capital Facility Area to finance a new library facility in Birch Bay. This ordinance submits to the qualified voters within the boundaries of the proposed district, as requested by the Whatcom County Library System Board of Trustees, a proposal to establish a Birch Bay Library Capital Facility Area to finance a new library facility in Birch Bay. HISTORY OF LEGISLATIVE FILE Date: Acting Body: 08/02/2021 Council (Special) Attachments: Pro - Con Committee Sheet Action: NOMINATED AND APPOINTED Sent To: Whatcom County Page 2 Printed on 21712024 PROPOSAL 1— AMENDMENTS TO THE WHATCOM COUNTY CHARTER BASING THE PERCENTAGE OF NECESSARY SIGNATURES FOR AN INITIATIVE/MINI-INITIATIVE ON THE LAST COUNTY EXECUTIVE ELECTION The Whatcom County Council has proposed an amendment to the Whatcom County Charter concerning the requirements for initiatives/mini-initiatives. This measure would amend Section 5.40 Initiative -- Procedures to change the requirement for petitions to include the signatures of voters equal to at least eight (8) percent of the vote cast in the county in the "last regular gubernatorial election" to "last regular county executive election" and would amend Section 5.41 Mini -Initiative to change the requirement that a petition bear the signatures of voters equal to at least three (3) percent of the number of votes cast in the county "in the last gubernatorial election" to "in the last county executive election." Should this proposal be approved? PRO Andrew Reding Cindy Madigan CON PROPOSAL 2 — ESTABLISHMENT OF A BIRCH BAY LIBRARY CAPITAL FACILITY AREA ESTABLISHING THE BIRCH BAY LIBRARY CAPITAL FACILITY AREA The Whatcom County Council adopted Ordinance No. 2021-049 concerning a proposition to establish the Birch Bay Library Capital Facility Area to finance a new library facility in Birch Bay. If approved, this proposition would establish the Birch Bay Library Capital Facility Area with boundaries as described in County Council Ordinance No. 049, authorize it to acquire, construct, furnish and equip a new library in Birch Bay, incur indebtedness to finance such improvements through the issuance of up to $4,500,000 in general obligation bonds maturing within 20 years, and levy annual excess property taxes to repay such bonds. Should this proposition be Approved? PRO Ruth Higgins Doralee Booth Keith Alesse CON File ID: AB2021-475 File Created: 07/29/2021 Department: Council Office Assigned to: Council (Special) Agenda Date: 08/16/2021 Whatcom County Agenda Bill Report File Number: AB2021-475 COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 Version: 1 Status: Introduced Entered by: DBrown@co.whatcom.wa.us File Type: Ordinance Primary Contact Email: DBrown@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Final Action: 08/16/2021 Enactment#: ORD 2021-052 Ordinance repealing Ordinance 2021-029, which imposed an interim moratorium on the acceptance and processing of applicatons 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 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: This ordinace will repeal Ordinance 2021-029 (adopted May 18, 2021) which imposed an interim moratorium on the acceptance and processing of applicators 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 HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 08/02/2021 Council (Special) INTRODUCED Council (Special) Aye: 6 Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 0 Absent: 1 Elenbaas 08/16/2021 Council (Special) ADOPTED Aye: 6 Browne, Buchanan, Byrd, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 1 Donovan Whatcom County Pagel Printed on 2/7/2024 Agenda Bill Report Continued (AB2021-475) Attachments: Agenda Bill Master Report, Adopted Ordinance 2021-052, Proposed Ordinance, Notice of Action Proposed on 8.2.2021, Notice of Action Taken on 8.16.2021 Whatcom County Page 2 Printed on 2/7/2024 File ID: AB2021-475 File Created: 07/29/2021 Department: Council Office Assigned to: Council (Special) Agenda Date: 08/16/2021 Whatcom County Agenda Bill Master Report File Number: AB2021-475 COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 Version: 1 Status: Introduced Entered by: DBrown@co.whatcom.wa.us File Type: Ordinance Primary Contact Email: DBrown@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Final Action: 08/16/2021 Enactment#: ORD 2021-052 Ordinance repealing Ordinance 2021-029, which imposed an interim moratorium on the acceptance and processing of applicatons 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 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: This ordinace will repeal Ordinance 2021-029 (adopted May 18, 2021) which imposed an interim moratorium on the acceptance and processing of applicators 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 HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 08/02/2021 Council (Special) INTRODUCED Council (Special) Aye: 6 Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 0 Absent: 1 Elenbaas 08/16/2021 Council (Special) ADOPTED Aye: 6 Browne, Buchanan, Byrd, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 1 Donovan Whatcom County Pagel Printed on 812612021 Agenda Bill Master Report Continued (AB2021-475) Attachments: Proposed Ordinance Whatcom County Page 2 Printed on 812612021 BOOM COG �ZP yA.t lY,9SN► NG���a File ID: AB2021-475 File Created: 07/29/2021 Department: Council Office Assigned to: Council (Special) Agenda Date: 08/16/2021 Whatcom County Agenda Bill Master Report File Number: AB2021-475 COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Version: 1 Status: Introduced Entered by: DBrown@co.whatcom.wa.us File Type: Ordinance Primary Contact Email: DBrown@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Final Action: 08/16/2021 Enactment #: ORD 2021-052 Ordinance repealing Ordinance 2021-029, which imposed an interim moratorium on the acceptance and processing of applicatons 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 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: This ordinace will repeal Ordinance 2021-029 (adopted May 18, 2021) which imposed an interim moratorium on the acceptance and processing of applicatons 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 HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 08/02/2021 Council (Special) INTRODUCED Council (Special) Aye: 6 Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 0 Absent: 1 Elenbaas 08/16/2021 Council (Special) ADOPTED Aye: 6 Browne, Buchanan, Byrd, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 1 Donovan Whatcom County Page 1 Printed on 812612021 Agenda Bill Master Report Continued (AB2021-475) Attachments: Proposed Ordinance Whatcom County Page 2 Printed on 812612021 PROPOSED BY: CONSENT SPONSORED BY: CONSENT INTRODUCTION DATE: AUGUST 2, 2021 ORDINANCE NO. 2021-052 REPEALING ORDINANCE #2021-029, WHICH IMPOSED AN INTERIM MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR NEW OR EXPANDED FACILITIES IN THE CHERRY POINT URBAN GROWTH AREA, THE PRIMARY PURPOSE OF WHICH WOULD BE THE SHIPMENT OF UNREFINED FOSSIL FUEL NOT TO BE PROCESSED AT CHERRY POINT WHEREAS, on May 18, 2021, the Whatcom County Council adopted Ordinance #2021-029, the last of a series of interim moratoriums on the acceptance of applications for new or expanded facilities in the Cherry Point Urban Growth Area (UGA), the primary purpose of which would be the shipment of unrefined fossil fuel not to be processed at Cherry Point, while it reviewed the Whatcom County Comprehensive Plan and existing county code to permanently address risks to public health, safety, and the environment associated with the expansion of fossil fuel facilities at Cherry Point; and WHEREAS, on July 13, 2021, the Council concluded its review of proposed amendments to the comprehensive plan and existing county codes, and introduced an ordinance to implement necessary changes relating to the Cherry Point UGA fossil fuel facilities, renewable fuel facilities, piers, SEPA, greenhouse gas emissions, and other matters; and WHEREAS, on July 27, 2021, the Council adopted the above -referenced ordinance as Ordinance #2021-046; and WHEREAS, with adoption of Ordinance #2021-046, the interim moratorium imposed by Ordinance #2021-029 is no longer necessary. NOW, THEREFORE, BE IT ORDAINED, by the Whatcom County Council that Ordinance#Q7r1-029 in hereby repealed in its entirety upon the effective date of this ordin� � %% H NO August lADP[ti�t. day of b ` COUNTY e AT Dana l3 `buv6 © av s,;°Coun.fV Clerk APPROVED AS O. 'FORM: Civil Deputy -Pro ec6tor 2021 WHATCOM COUNTY COUNCIL HATCO UN , WASHINGTON Approved O Denied Satpal Sid u, County Executive Date: '��� PROPOSED BY: CONSENT SPONSORED BY: CONSENT INTRODUCTION DATE: AUGUST 2, 2021 ORDINANCE NO. REPEALING ORDINANCE #2021-029, WHICH IMPOSED AN INTERIM MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR NEW OR EXPANDED FACILITIES IN THE CHERRY POINT URBAN GROWTH AREA, THE PRIMARY PURPOSE OF WHICH WOULD BE THE SHIPMENT OF UNREFINED FOSSIL FUEL NOT TO BE PROCESSED AT CHERRY POINT WHEREAS, on May 18, 2021, the Whatcom County Council adopted Ordinance #2021-029, the last of a series of interim moratoriums on the acceptance of applications for new or expanded facilities in the Cherry Point Urban Growth Area (UGA), the primary purpose of which would be the shipment of unrefined fossil fuel not to be processed at Cherry Point, while it reviewed the Whatcom County Comprehensive Plan and existing county code to permanently address risks to public health, safety, and the environment associated with the expansion of fossil fuel facilities at Cherry Point; and WHEREAS, on July 13, 2021, the Council concluded its review of proposed amendments to the comprehensive plan and existing county codes, and introduced an ordinance to implement necessary changes relating to the Cherry Point UGA fossil fuel facilities, renewable fuel facilities, piers, SEPA, greenhouse gas emissions, and other matters; and WHEREAS, on July 27, 2021, the Council adopted the above -referenced ordinance as Ordinance #2021-046; and WHEREAS, with adoption of Ordinance #2021-046, the interim moratorium imposed by Ordinance #2021-029 is no longer necessary. NOW, THEREFORE, BE IT ORDAINED, by the Whatcom County Council that Ordinance #2021-029 in hereby repealed in its entirety upon the effective date of this ordinance. ADOPTED this day of , 2021 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, County Clerk Barry Buchanan, Council Chair APPROVED AS TO FORM: ( ) Approved ( ) Denied Civil Deputy Prosecutor Satpal Sidhu, County Executive Date: AFFIDAVIT OF PUBLICATION Account # Order Number Idenfi icaiion Order PO Amount Cols Depffi 25579 IM74 Print Legal Ad - IPLU03%-fl $94-57 1 48 L Atterttion: Krisiti Felbinger Islamae Brown, being duly sworn, deposes and WHATCOM CO COUNCIL says: That he/she is the Principal Clerk of The 311 GRAM) AVE STE 105 Bellingham Herald, a daily newspaper printed and BELLINGHAM, WA 982254038 published in Bellingham, Whatcom County, State of Washington, and having general circulation therein, and which said newspaper has been continuously and uninterruptedly published in ------------------------------------------------- said Count during a period prior to - ----- --- - -------- - - ACTION PROPOSED Y g p p (IN—MODUCED) the first publication of the notice, a copy of which The Whatcom County Councit will is attached hereto: that said notice was published consider adopting and may amend the following at its 1 p.m. meeting on in The Bellingham Herald, as amended, for: August 16, 2021, or at a later date: ORDINANCE REPEALING OR- DINANCE 2021-029, WHICH ; IMPOSED AN INTERIM MORA- No. of Insertions: 'I TOMUM ON THE ACCEPTANCE AND PROCESSING OF APPLICA- TIONS FOR NEW OR EXPAND-� Beginning Issue of: 08/08/1021 ED FACILITIES IN THE CHERRY POINT URBAN GROWTH AREA, ; Ending Issue of: 08/08/2021 THE PRIMARY PURPOSE OF WHICH WOULD BE THE SHIP- MENT OF UNREFINED FOSSIL FUELS NOT To BE PROCESSED ' AT CHERRY POINT tAS2021- 475) This ordinance will repeat Ordinance 2021-029 (adapted May ' 18, 2021) which imposed an interim moratorium on the acceptance and ' processing of applications for new lgrowit or expanded facilities in the Cherry ; W �jj Paint Urban Growth Area, the pnmary purpose of which would be the ship -(Principal Clerk) ment of unrefined fossil fuels not to be processed at Cherry Point Introduced August 2, 202'1 . Subscribed and sworn on this 9th day of August in the � Public documents are available for re- ; year of 2021 before me, a Notary Public, personally view weekdays from 8:30 a.m. to 4:30 p.m. in the Council Office, 311 Grand appeared before me Islamae Brown known or identified Avenue, Suite 105, Bellingham, and to me to be the person whose name subscribed to the at co.whatcom.wa.us/cauncil. view within instrument, and being by first duly sworn, meeting schedules, agendas, minutes, videos, documents, and archives at declared that the statements therein are true, and whatcom.legistarcom. The Council is acknowledged to me that he/she executed the same. currently holding all meetings remote- ly For Instructions on how to watch ; or participate In meetings, please visit whalcomcounty.us/}oiTivfrtuaicounciI or contact the Council Office at 360- 778-5010. Publish August 8, 2021 FL0035671 ' Aug 82021 r r 0 tJ E Notary Public in and for the state of Texas, residing in Dallas County IlI■IrrII� ' Extra dlarge for k►st or duprlcate Adwh Legal document please do not destroy! AFFIDAVIT OF PUBLICATION Account # Order Number Identification Order PO Amount Cols Depth 25579 119700 Print Legal Ad - IPL0037322 $88.78 1 45 L Attention: Krisiti Felbinger Islamae Brown, being duly sworn, deposes and WHATCOM CO COUNCIL says: That he/she is the Principal Clerk of The 311 GRAND AVE STE 105 ; Bellingham Herald, a daily newspaper printed and BELLINGHAM, WA 982254038 published in Bellingham, Whatcom County, State of Washington, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in ---------------------------------------------------------------------------- ACTION TAKEN said County during a period of six months prior to The whatcom County Council adopt- the first publication of the notice, a copy of which ed the following at its 1 p.m. meeting on August 16, 2021: ORDINANCE is attached hereto: that said notice was published (2021-052) REPEALING OR- DINANCE 2021-029, WHICH in The Bellingham Herald, as amended, for: IMPOSED AN INTERIM MORA- TORIUM ON THE ACCEPTANCE AND PROCESSING OF APPLICA- TIONS FOR NEW OR EXPAND- AB2021-475 No. of Insertions: 1 ED FACILITIES IN THE CHERRY URBANTHE POINT PR MARYGROWTH PURPOSER OF Beginning Issue of: 08/22/2021 WHICH WOULD BE THE SHIP- MENT OF UNREFINED FOSSIL Ending Issue of: 08/22/2021 FUELS NOT TO BE PROCESSED AT CHERRY POINT (AB2021- 475) This ordinance will repeal Ordinance 2021-029 (adopted May 18, 2021) which imposed an interim moratorium on the acceptance and processing of applications for new or expanded facilities in the Cherry Point Urban Growth Area, the primary �� purpose of which would be the ship- ment of unrefined fossil fuels not to be e 13rown processed at Cherry Point. Introduced August 2, 2021. (Principal Clerk) Public documents are available for re- view weekdays from 8:30 a.m. to 4:30 p.m. in the Council Office, 311 Grand Subscribed and sworn on this 24th day of August in the Avenue, Suite 105, Bellingham, and year of 2021 before me, a Notary Public, personally at co.whatcom.wa.us/council. View appeared before me Islamae Brown known or identified meeting schedules, agendas, minutes, videos, documents, and archives at to me to be the person whose name subscribed to the whatcom.leg istar.com. The Council is within instrument, and being by first duly sworn, currently holding all meetings remote- ly. For instructions on how to watch declared that the statements therein are true, and or participate in meetings, please visit acknowledged to me that he/she executed the same. whatcomcounty.us/joinvirtualcounciI or contact the Council Office at 360- 778-5010. Publish August 22, 2021 IPL0037322 Aug 22 2021 Notary Public in and for the state of Texas, residing in Dallas County �NI�JVDlI�IIIMfi�1i Extra charge for lost or duplicate affidavits. Legal document please do not destroy!