HomeMy WebLinkAboutSpecial Committee of the Whole November 9 20111
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WHATCOM COUNTY COUNCIL
Special Committee Of The Whole
November 9, 2011
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 12:17 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken
Mann, Tony Larson and Carl Weimer
Absent: None
SPECIAL PRESENTATION
1. PRESENTATION BY ERIC JOHNSON, WASHINGTON STATE ASSOCIATION OF
COUNTIES EXECUTIVE DIRECTOR, REGARDING THE VOLUNTARY
STEWARDSHIP PROGRAM (AB2011 -279B) (12 :17 :39 PM)
Eric Johnson, Washington State Association of Counties, read and discussed the
presentation in the Council packet.
(12 :53 :28 PM)
The following people spoke and answered questions:
• Brad Bennett, Administrative Services Department
• Erika Strobel, Public Works Department
• Cathy Lehman, Futurewise
• Dan Wood, Washington Farm Bureau, submitted a handout (on file)
Brenner stated and there was discussion of:
• This option just adding another layer of regulation.
• The possibility of exempting agriculture.
• The requirement to protect, not enhance.
Knutzen submitted a handout (on file). He asked and there was discussion of:
• Whether Skagit County and other counties have opted -in to the program.
• Who appoints the watershed group.
• What happens if the technical panel doesn't approve the County's plan.
• How much money the County has given to the Conservation District for farm
plans.
Mann stated and there was discussion of whether these plans will eventually be
forgotten, like past plans such as the water resource inventory area (WRIA) plan.
Brenner asked and there was discussion of where the funding will come from.
(1:10:05 PM)
Special Committee of the Whole, 11/9/2011, Page 1
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Weimer asked and there was discussion of
• The benefit to Whatcom County of opting in to the program, since it already
has a compliant critical areas ordinance (CAO).
• Whether opting in will lock the County into not changing the CAO to make it
less onerous, as some people say it is.
Wood described the Washington Farm Bureau's perspective of the impacts to the
agricultural community and individual agricultural landowners, the voluntary nature of the
program, and the distinction between protection and enhancement.
(1:15:58 PM)
Brenner asked and there was discussion of :
• How the technical panel comes to a decision.
• Whether the technical panel decision can be appealed to the Hearings Board.
Larson asked and there was discussion of:
• The primary concerns heard from critics of the program.
• The Council's role, once it establishes the watershed group.
• The authority of the Washington State Conservation Commission (WSCC)
director not allowing local control.
Kershner asked and there was discussion of what happens to rural lands and urban
growth areas that are intermixed with agricultural lands within a watershed.
Mann asked and there was discussion of:
• Whether Futurewise advocates for the County to opt in.
• Whether Futurewise will appeal or sue the County if it doesn't opt in to the
program.
Knutzen stated and there was discussion of no obligations unless there is funding
from the State.
Weimer asked and there was discussion of how they will resolve the conflict between
this effort and meeting the Clean Water Act total maximum daily load (TMDL) requirements
for enhancement.
Larson asked and there was discussion of creating what happens if the director of the
WSCC doesn't approve the plan that is approved locally.
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BERK & ASSOCIATES TO
PROVIDE CONSULTANT SERVICES TO IMPLEMENT INCENTIVE
DEVELOPMENT TASKS FROM THE AGRICULTURAL STRATEGIC PLAN AND
FACILITATE THE RUCKELSHAUS DECISION - MAKING PROCESS (AB2011-
279A) (1 :37 :19 PM)
Special Committee of the Whole, 11/9/2011, Page 2
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The following people answered questions:
• Peter Gill, Planning and Development Services Department
• Roxanne Michaels, Planning and Development Services Department
Crawford asked and there was discussion of:
• Whether the Ruckelshaus portion scope is to provide information or will also
write the resolution that creates the local structure.
• Whether the staff has the resources to write the resolution structuring how
the County would opt in, if it chooses.
Brenner stated and there was discussion of
• Hiring a county employee for agricultural issues rather than hiring a
consultant.
• Making agriculture a priority.
Knutzen stated and there was discussion of whether the Planning Department truly
has the resources for this effort.
Crawford asked and there was discussion of moving forward with the contract
without the Ruckelshaus option.
Knutzen moved to not fund the Ruckelshaus scope of work.
Kershner stated and there was discussion of the process for deciding whether or not
to opt in should be as well -done as possible.
Brenner stated and there was discussion of an upcoming meeting with interested
community members. It is on November 17 from 4 p.m. to 6 p.m. Those invited include
the Tribe, George Boggs of the Conservation District, Sustainable Connections, Lesa
Starkenburg - Kroontje, Skip Richards, and Jason Overstreet. Lisa Boxx is the chair of the
Agricultural Advisory Committee and will chair this meeting. Planning staff should attend.
It would be a good place and time to get much of this done.
Larson asked and there was discussion of when the Council will get input from
community members on this item.
Crawford stated councilmembers can't make a negative motion. He moved that
the committee recommend that the Council approve the contract as presented with all
elements included. He stated and there was discussion of approving the contract, which will
not obligate the County to opt in.
Brenner stated councilmembers can meet with individuals before the meeting.
Kershner moved to amend the motion to vote only on the Ruckelshaus portion of
the contract separately.
Crawford asked and there was discussion of whether the contractor would agree to
the contract without the Ruckelshaus item in the scope of work.
Brenner stated she would support the amendment. She is against the Ruckelshaus
process, but the agricultural seems to support it.
Special Committee of the Whole, 11/9/2011, Page 3
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Knutzen asked and there was discussion of whether or not this decision is to opt -in
to the Ruckelshaus process. They don't need to pay $18,000 to have someone tell them
what to do. He is opposed to hiring a contractor for the work.
Larson stated he would only support the option to opt -in if the resolution specifically
defines the Council's role. The Council won't get that from this contract.
(1:55:49 PM)
The motion to amend failed by the following vote:
Ayes: Brenner and Kershner (2)
Nays: Crawford, Knutzen, Mann, Weimer and Larson (5)
The motion failed by the following vote:
Ayes: Crawford, Mann and Kershner (3)
Nays: Knutzen, Weimer, Brenner and Larson (4)
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 1:59 p.m.
The Council approved these minutes on December 6 , 2011.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council@7.o.whatcorn.wa.us
Special Committee of the Whole, 11/9/2011, Page 4