HomeMy WebLinkAboutNatural Resources July 26 20111
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WHATCOM COUNTY COUNCIL
Natural Resources Committee
July 26, 2011
CALL TO ORDER
Committee Chair Carl Weimer called the meeting to order at 9:03 a.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Carl Weimer, Bill Knutzen and Sam Crawford.
Absent: None.
Also Present: Barbara Brenner, Ken Mann, Tony Larson and Kathy Kershner
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. RESOLUTION DECLARING THE COUNTY COUNCIL'S SUPPORT FOR THE
WHATCOM COUNTY AGRICULTURE STRATEGIC PLAN (AB2011 -241)
Lesa Boxx, Agricultural Advisory Committee Chair, stated the Committee has come
up with a feasible plan the County staff can implement over time. The plan is consistent
with County Council Resolution 2009 -040 and Comprehensive Plan goals. It is a roadmap
for maintaining and implementing an effective agricultural program over the next five years.
The Council should endorse the plan as written. She introduced other Agricultural Advisory
Committee members in attendance.
Samya Lutz, Planning and Development Services Department, introduced other ex
officio members of the Agricultural Advisory Committee. She submitted and read from a
presentation (on file).
Larry Helm, Agricultural Advisory Committee member, continued the presentation
regarding tasks and priorities. Agency representatives don't have farming backgrounds, so
it's important that they talk to farmers to have a good understanding about what is going
on.
Vicki Hawley, Agricultural Advisory Committee member, continued the presentation
regarding tasks and priorities. She asked the Council to fund County staff to implement the
strategic plan. Improve the Right to Farm ordinance.
Weimer asked for and there was discussion of complaint statistics.
Brenner asked for specific examples of what they can do differently.
Knutzen stated don't allow any more anonymous complaints. Collect names and
addresses. Develop consequences for those who lodge multiple unwarranted complaints. He
asked the Agricultural Advisory Committee to go through the Right to Farm ordinance and
put some teeth into it.
Crawford stated they should develop a program to install signs all over the
agricultural areas notifying people that these are Right to Farm areas.
Natural Resources Committee, 7/26/2011, Page 1
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Wes Kentch, Agricultural Advisory Committee member, continued the presentation
regarding tasks and priorities. He's not keen on the Purchase of Development Rights (PDR)
program because it spends a lot of money for little gain. However, it may be for someone
else, and beneficial in the long run. He suggested the Council request a minority report
from the Advisory Committee. Strengthen the Right to Farm Ordinance. He also has an
issue with the agricultural protection overlay (APO) program. Eliminate as many
agricultural building permit requirements as possible.
Debbie Vander Veen, Agricultural Advisory Committee member, continued the
presentation regarding tasks and priorities. Don't forcibly take away the property rights of
landowners. They need their development rights to prove to the bankers the value of their
land. When the milk price is low, they need loans to stay in business.
Mike Finger, Agricultural Advisory Committee member, continued the presentation
regarding tasks and priorities. There are many different types of farmers. Agriculture
requires land, water, security, and some level of predictability. Let farmers have options to
develop and get out of agriculture if needed. However, they must take a stand to preserve
the means to continue agriculture for the community good. Preserve local agriculture
through friendly regulation and zoning.
Mark Harding, PDR Oversight Committee, stated the PDR program isn't perfect, but
it's one of the few options for landowners to recoup value. Support the PDR program.
Knutzen asked and there was discussion of:
• Alternatives to the PDR program.
Brenner asked and there was discussion of:
• Whether the PDR program is to consider potential value to the farmer.
• Setting aside a percentage of the conservation futures fund for agriculture.
Kershner asked and there was discussion of what happens to property once in the
PDR program.
(9:48:36 AM)
Paul Schissler, PDR Oversight Committee, stated agricultural land is valuable, even
without the development rights. The PDR program is voluntary. It's one of the few tools
they have that is effective. Communities use it all over the United States.
Henry Bierlink, Farm Friends, stated this is a road map. It's taken them 15 to 20
years to put these pieces together. The program is the best possible. Keep agriculture
vibrant in the community. This program needs attention. They have to implement the
program, which demands staff time and investment. They will have to double or triple the
amount of existing staff.
Weimer asked how they prefer the timeframe. Bierlink stated they would like to see
it happen quickly, but time and economy temper their expectations. Things have to happen
in sequence. They can move some of the medium priorities forward. They tried to develop
something that they could reasonably do.
Knutzen stated mitigation requirements will come forward. They will have to develop
a mitigation reserve or bank. He asked why they can't move mitigation elsewhere in the
watershed, away from areas being actively farmed. He asked if they can move anything
Natural Resources Committee, 7/26/2011, Page 2
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forward depending on need or priorities. Bierlink stated they can. It needs money.
Someone needs to fund it.
Crawford stated the County won't be in the position in the next year or two to add
more planning staff. Many of these items have contractor options. He asked if Farm
Friends can coordinate and do some of these things. Bierlink stated they can. Someone will
have to pay for it. He hopes they can find creative funding.
Brenner stated she would like to see small acreage farm owners who are willing to do
improvements be able to be the mitigation for farmers who have to do other things that
may have more impacts. Include that in the short -term or mid -term goals. Many people on
small acreage would be willing to be that offset. Bierlink stated that idea is included in
three or four of the tools.
Chuck Antholt, PDR Oversight Committee, stated the job is well -done. Land that has
sold the development rights is valued at agricultural land, and can be sold as such,
sustaining the agricultural economy. Using the conservation futures fund would streamline
the process. The Agricultural Advisory Committee should work on streamlining the process.
A farmer can't wait two years for the PDR process to roll out. The Right to Farm Act has
been helpful for farmers. It also has to be a more dynamic document to accommodate
changes in agriculture that will come along.
Bob VanWeerdhuizen stated he was instrumental in implementing the Right to Farm
Act. It may need to be amended now. They should know who the people are, and then
they'll quit calling. He's not excited about the PDR program. It will take regulations to save
the farmers. Don't change the manmade ditches into creeks, so it's not in State or federal
jurisdiction. Ask who has the authority to changes the ditches into creeks. Now, the water
is going into his field rather than down the ditch, and he's not allowed to do anything about
it.
Knutzen stated they may be able to do an emergency ditch maintenance permit, but
State regulations over ride the County.
Rod Erickson stated he's worked through many of these programs over the years.
He supports agriculture. He was on the PDR committee. It's not possible to sustain
agriculture if it's not economical.
Weimer moved to recommend approval to the full Council.
Brenner stated she was shocked to learn that people like farms for their aesthetic
value. People must appreciate farms for their true value, or they won't make it. They need
farmers in addition to farms.
Larson stated he appreciates everyone for coming in today. It would be valuable to
have a minority report from the committee. He would like to hear both perspectives,
especially on contentious items.
Weimer stated they used to get the Agricultural Advisory Committee minutes. He
would like that information as well.
Knutzen stated he agrees with most of the things in the document. He would like to
see some of the items raised on the priority list, including addressing ditches. Include a
program to transfer the mitigation to other areas. Make the process easy and affordable so
Natural Resources Committee, 7/26/2011, Page 3
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people can drain their ditches. Create a County emergency ditch maintenance permit.
They must drain these fields. The growing season is getting shorter and shorter.
Crawford stated he has a concern about the 100,000 -acre goal and what that really
means. The plan refers to it many times. The plan leaves a lot open for continued
discussion about what that really means.
The motion carried by the following vote:
Ayes: Weimer, Knutzen and Crawford (3)
Nays: None (0)
COMMITTEE DISCUSSION
1. DISCUSSION REGARDING A PROPOSED ORDINANCE ADOPTING
AMENDMENTS TO WHATCOM COUNTY CODE TITLE 17, FLOOD DAMAGE
PREVENTION (AB2011 -242) (10:15:12 AM)
Paula Cooper, Public Works Department, submitted handouts (on file) and gave a
staff report.
The following people spoke and answered questions:
• Harry Williams, Whatcom County Flood Control Zone District Advisory
Committee Chair
• Chris Hatch, Whatcom County Flood Control Zone District Advisory Committee
Member
• Terry Unger stated this applies also to marine shorelines, and those people
have not been notified of this or had a chance to address it. FEMA is not
supposed to regulate critical areas.
• Theresa Sygitowicz, Whatcom County Flood Control Zone District Advisory
Committee Member, described the history of the advisory committee's work
on this regulation. The regulation triggers an environmental impact
statement requirement to build any building larger than 12 feet by 12 feet.
The staff did no community outreach. There needs to be more input.
Develop a more cohesive ordinance.
Weimer asked and there was discussion of:
• The differences between the model ordinance and recommended ordinance.
• Whether the staff recommendation is to adopt the model ordinance.
• Who from the advisory committee voted for the recommendation, and who
was absent from the unanimous vote.
• What happens if approval is delayed.
• Whether the advisory committee discussed the option of case -by -case
permitting.
• How long it would take to hire a consultant for peer review.
Brenner asked and there was discussion of:
• Whether the Title 17 changes are exhibit A.
• How they balance and weigh the potential impacts with habitat.
• Calling gravel roads less pervious surfaces instead of impervious surfaces.
Larson asked and there was discussion of:
• Whether the document was peer reviewed.
Natural Resources Committee, 7/26/2011, Page 4
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• Understanding Federal Emergency Management Agency (FEMA) requirements
and the burden on landowners.
• Delaying, and hiring consultants to do peer review.
Knutzen asked and there was discussion of:
• Channel migration zone mapping.
• Coordinating with Everson, Lynden, and Ferndale to share the burden.
• Whether there is a checklist to work through this.
• How they will handle mitigation, given FEMA's no net loss policy.
• The possibility of getting an extension.
• Other jurisdictions who have achieved compliance.
Mann asked and there was discussion of what the benefit is to the people of
Whatcom County to have FEMA approval.
Weimer stated they can schedule this in Natural Resources Committee in two weeks.
Crawford referenced 17.18.050(3) and stated it needs clarification. He asked and
there was discussion of how long it will take FEMA to approve the County's adopted
ordinance.
Knutzen moved to hold in committee and not introduce this evening.
Kershner asked and there was discussion of what specifically FEMA requires.
The motion carried by the following vote:
Ayes: Knutzen and Crawford (2)
Nays: Weimer (1)
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 11:11 a.m.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council@�omhatcomma.us
Natural Resources Committee, 7/26/2011, Page 5