HomeMy WebLinkAboutNatural Resources February 11 20141
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WHATCOM COUNTY COUNCIL
Natural Resources Committee
February 11, 2014
CALL TO ORDER
Committee Chair Barry Buchanan called the meeting to order at 9:30 a.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(9:33:41 AM)
Present: Carl Weimer, Sam Crawford and Barry Buchanan.
Absent: None.
Also Present: Barbara Brenner, Ken Mann, Rud Browne and Pete Kremen.
COMMITTEE DISCUSSION
1. DISCUSSION OF PROPOSED JOINT RESOLUTION BETWEEN WHATCOM
COUNTY, THE CITY OF BELLINGHAM, AND LAKE WHATCOM WATER AND
SEWER DISTRICT REGARDING LAKE WHATCOM WATER QUALITY AND
OTHER RELATED ISSUES (AB2014 -068)
Weimer gave a Lake Whatcom Policy Group report and submitted two draft
resolutions (on file) to go before the legislative bodies at the Joint Lake Whatcom meeting
with the City of Bellingham and Lake Whatcom Water and Sewer District in March. He
moved to recommend approving the joint resolution of Bellingham City Council,
Whatcom County Council, and Lake Whatcom Water and Sewer District
Commissioners reaffirming our shared commitment to the health of Lake
Whatcom, setting milestones for 2014 through 2016 to improve its water quality,
and setting goals for the work plan of the Lake Whatcom Policy Group in
anticipation of approval at the Joint Lake Whatcom meeting in March.
Crawford asked about thoughts from Water Resources staff.
Weimer stated they're fine.
Crawford stated it's generally a good idea to start working on it now, because it will
be a challenge. He asked and there was discussion of funding and available staff.
The motion carried by the following vote:
Ayes: Weimer, Crawford and Buchanan (3)
Nays: None (0)
Weimer moved to approve the joint resolution of Bellingham City Council,
Whatcom County Council, and Lake Whatcom Water and Sewer District
Commissioners inviting the Sudden Valley Community Association to send a
representative to participate in the Lake Whatcom Policy Group and reported for the
Lake Whatcom Policy Group.
Natural Resources Committee, 2/11/2014, Page 1
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Crawford asked and there was discussion of the effect of this resolution and how it
benefits the community association.
Weimer stated the group makes policy recommendations, but has no power to make
anyone do anything.
The motion carried by the following vote:
Ayes: Weimer, Crawford and Buchanan (3)
Nays: None (0)
2. DISCUSSION OF DRAFTING A RESOLUTION STATING THE COUNCIL'S
INTENT TO CREATE A WATER ACTION PLAN, SPELLING OUT THE VARIOUS
WATER QUALITY, QUANTITY, AND HABITAT ISSUES TO ADDRESS IN THE
2015 -2016 BUDGET DISCUSSIONS (AB2014 -067) (9:41:32 AM)
Weimer reported and stated there is a substitute version of the plan. He would like
to know if the Council is interested in giving water issues a priority. They went through a
process that resulted in the prioritized water projects and a discussion of decisions
regarding level of service for water issues. Planning Unit members, Shellfish Protection
District advisory committee members, and farmers all want the County Council to tell them
what to work on and to move forward on water issues. This is his attempt to decide
whether water issues would be a priority between now and late summer so they can
address whatever they can in the coming budget. He's from staff, the agricultural
community, and the Department of Ecology, who all think it's a good idea, but who all also
want to change the language. He removed language that references the Growth
Management Hearings Board on advice of legal counsel. If they do want to move forward,
they must discuss a timeline.
Crawford referenced four questions submitted by Skip Richards and stated the
reference to "us" is meant to refer to the County Council. He asked the timeframe for this
item.
Weimer stated get comments back from people and get staff to do what it can
between now and the budget, pass it sooner rather than later. Work on it at the next
meeting and introduce it for adoption in March.
Crawford stated Mr. Richards asked about the comprehensive water resource
integration program ( CWRIP). The County still uses the CWRIP document. He asked the
relationship of that document and program to this proposal.
Weimer stated the CWRIP is used to help prioritize all the water programs. He hopes
the CWRIP will make this process easier because they want to maintain those prioritizations.
His proposal goes a bit farther to ask advisory committees, the Planning Unit, and other
water - related groups to tell the Council if there is anything they've not included, but should.
If they come up with anything that's not on the CWRIP list, it can go through the CWRIP
process and be prioritized.
Crawford stated staff will look at the rest of Mr. Richard's questions and address
them. He urges that the community input be as broad -based as possible. Certain groups
included are politically charged. Make sure the input is balanced and that the community is
fully represented. They need a diversity of opinion. There is a new agricultural resource
group that may be included.
Natural Resources Committee, 2/11/2014, Page 2
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Weimer stated he agrees that it's better to have broad input. Henry Bierlink
mentioned he had ideas, and they should be included. Include everyone they ought to
include before the Council adopts something.
Crawford stated the Lake Whatcom total maximum daily load (TMDL) item could
include the Sudden Valley group. There are more groups that can be added. He asked for
a marked up draft from staff, if possible, that includes their feedback, including feedback on
questions from Mr. Richards; language changes, "tts the County Council "; making sure they
include a broad base of public input, to ensure a diversity of opinion and participation, and;
to make sure it dovetails with the CWRIP.
The Committee concurred.
Jack Louws, County Executive, stated they would work with Councilmember Weimer
and staff to provide feedback.
Browne asked how to propose amendments.
Weimer stated hold this in committee to do amendments. Councilmembers should
come prepared with redline /strikeout amendments at the next meeting.
Jack Louws, County Executive, stated he will assign a staff person to work with
Councilmember Weimer and to facilitate information. Staff can list all the suggestions and
incorporate the suggestions that they feel are appropriate to facilitate this program.
3. DISCUSSION REGARDING ZONING OF MARIJUANA- RELATED OPERATIONS
AS IDENTIFIED UNDER WAC 315 -55 (AB2014 -074) (9:54:49 AM)
Tyler Schroeder, Planning and Development Services Department, stated staff hopes
Council will give thoughts and ideas on where marijuana operations will go. The Council
wrote letters to the Washington State Liquor Control Board about a specific application, and
the Sheriff has discussed those applications with the Liquor Control Board.
Nick Smith, Planning and Development Services Department, gave a staff report on
the number of proposed processing, production, and retail licenses and their associated
development applications. The Sheriff brought forward concerns about such facilities and
their proximity to existing single family residences. He described State guidelines to
address concerns. There is no guideline for setbacks to residences. He asked about
concerns that councilmembers have received.
Weimer asked and there was discussion of whether the Liquor Control Board's
recommendations are guidelines or requirements.
Crawford stated his interest is what it would take to establish a setback from
residential use. He has concerns about and there was discussion of whether or not there
will be much outdoor growing, making it a light industrial operation if indoors, knowing
regulations for greenhouses, whether this is the same as or different from traditional
agriculture, protecting the crops from theft and from getting into the hands of those who
are underage, whether they can buffer in any zone, and whether they can limit this to
industrial operations.
Natural Resources Committee, 2/11/2014, Page 3
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Browne asked and there was discussion of making sure any County ordinance
references the State definitions. All definitions should be consistent.
Mann asked and there was discussion of how hemp falls under these regulations and
what is the specific fear about the locations of these businesses.
Buchanan asked and there was discussion of what other counties are doing to
address these concerns.
Crawford asked staff to review how they permit greenhouses and consider if this can
be considered a greenhouse operation with some additional requirements.
Kremen stated and there was discussion of attaching fiscal notes to inform about
how much funding is required to actually enforce the regulations, including Planning
Department staff, Health Department staff, and the entire criminal justice system so the
County can be reimbursed for the cost of regulating this activity.
Weimer stated it's unclear whether the problems they anticipate are true or
imagined. Look at setbacks of any facility that may disrupt neighboring properties. He
asked and there was discussion of how soon they can do this and when such an ordinance
would come forward.
Mann asked and there was discussion of whether those who have applied to the
Liquor Control Board are grandfathered in to current County regulations.
Crawford stated and there was discussion about the difficulty of getting law
enforcement to the Acme Valley, in which there are several applications.
Brenner asked and there was discussion of whether the uses are allowed near school
bus stops and whether the Sheriff should make a recommendation one way or another
about whether an area can be adequately patrolled.
Weimer stated he would like information on what the County can do to change
regulations in the future if there ends up being high crime areas.
Brenner stated that if the Council and administration are on the same page, it would
make an impression on the Liquor Control Board.
Smith stated he can prepare an interim ordinance for two weeks.
The Committee concurred.
4. DISCUSSION OF A PROPOSED ORDINANCE AMENDING WHATCOM COUNTY
CODE 2.27A, AQUATIC INVASIVE SPECIES (AB2014 -075) (10 :40:13 AM)
Gary Stoyka, Public Works Department, stated there is a proposed amendment to
the ordinance and gave a staff report. The County and City are working to create similar
ordinances, since there is joint jurisdiction over the lake. This will expand the program to
include nonmotorized vessels. They will continue to exempt really small vessels with no
high risk of aquatic invasive species (AIS), such as surfboards and paddleboards. This code
creates two classes of watercraft, motorized and nonmotorized. The proposed fee for
nonmotorized is $10 per year. There are new categories for commercial operators and
special events. They will establish an online AIS awareness course, which provides a fee
Natural Resources Committee, 2/11/2014, Page 4
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discount. The proposed amendment removes the requirement for expansion to all lakes and
instead requires an evaluation of all lakes before there is an expansion. They will work on
providing more inspections and a bigger presence in more locations. This year, the County
will provide funding for additional City staff rather than provide County staff.
He will bring forward the financial information to the next Finance Committee
meeting, including fee changes, an interlocal agreement with the City to operate the
program, and a budget amendment. The entire program budget for 2014 is $348,000.
Whatcom County's anticipated portion is $97,500. The County already budgeted $70,000.
Weimer stated he supports it.
Browne referenced section 2.27A.030(A) and stated get rid of subsections (i) and
(ii), delete the dates in subsections (iii) and (iv), and amend language in subsection (iv),
"E#eet-ive 4 FiI-5, 20- 14, a" Watercraft
Sangish after it has entered any fresh water body located outside Whatcom County,
Washington; and" on Council packet page 17. Items one and two are essentially
overwritten by items three and four. It takes effect on the day the ordinance goes into
effect. In the future, code language should be plainer.
Brenner asked if the online course is required annually to have no charge on a class
B boat. Stoyka stated it is.
Buchanan stated schedule in two weeks for discussion in the Finance and
Administrative Services Committee.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 10:51 a.m.
ATTEST:
, Council Clerk
-, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barry Buchanan, Committee Chair
Natural Resources Committee, 2/11/2014, Page 5