HomeMy WebLinkAboutSpecial Committee of the Whole AM April 5 20161 WHATCOM COUNTY COUNCIL
2 Special Committee of the Whole
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4 April 5, 2016
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7 CALL TO ORDER
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9 Council Chair Barry Buchanan called the meeting to order at 9:30 a.m. in the Council
10 Chambers, 311 Grand Avenue, Bellingham, Washington.
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13 ROLL CALL
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15 Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd
16 Donovan, Rud Browne and Barry Buchanan.
17 Absent: None.
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20 PUBLIC COMMENT
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22 The following people spoke:
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24 Linda Twitchell, Building Industry Association of Whatcom County, stated the building
25 community has a problem getting permits for land use. The problem needs to be
26 recognized and addressed. She submitted a lahar map (on file) and stated language on
27 Comprehensive Plan pages 11 -18 and 11 -19 may need to be in the critical areas ordinance
28 because they are action items. If it's really a public safety issue, they have to go beyond
29 limiting businesses to six or fewer people. Because lahars are rare and unpredictable,
30 assess the risk. The law does not require they prohibit development in those areas. Assess
31 the risk and let people decide if they want to put in a business. Also, make sure any last
32 minute proposals are posted to the website as soon as possible.
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34 Mann asked if there will be further discussions on lahars. Twitchell stated she will
35 follow up.
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37 Mann stated that if they want to get into it, they could wait for the critical areas
38 ordinance to work on it in detail, but don't do anything in the Comprehensive Plan that will
39 tie their hands.
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41 Brenner stated there are many types of risks.
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43 Twitchell stated the Growth Management Act allows them to pick and choose how
44 they assess risk and act accordingly. There may be a different way they want to approach
45 some of these geologic hazards.
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47 Brenner asked when was the last lahar. Twitchell stated the last major eruption of
48 Mt. Baker was 6,600 years ago. Lahars were originally defined as the debris and mud flow
49 from a major eruption. There are other types of mud flows.
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51 Browne stated there is an immediate impact of a lahar and a later impact when
52 rivers are dammed up. It may be appropriate to create zones based on potential damage or
53 their ability to warn and evacuate.
Special Committee of the Whole - 9:30 A.M., 4/5/2016, Page 1
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Jim Hanson, Whatcom Environmental Work Group, submitted a handout (on fi /e) and
stated he supports the revisions in his handout and the suggestions of Futurewise and
ReSources. Strong environmental protections are the foundation of prosperity. Create a
balance between incentives and regulations.
Brenner stated incentives are practical to use if they work. Hanson stated incentives
should encourage people to go beyond what is regulated.
Roger Almskaar, Land Use Consultant, stated there is a severe over - regulation
problem in the county. He supports the findings on page eight, because they acknowledge
there is a problem with the multitude of regulations and agencies. He will submit a proposal
to revise goal 11B.
Skip Richards stated he emailed his testimony. Regarding the findings of fact, staff
is telling the Council false and misleading information about the watershed management
project. Get rid of Appendix G. The Comprehensive Plan is supposed to have goals and
supporting policies, so they don't need Appendix G. Delete anything that doesn't relate
directly to furthering the goals and policies in the Comprehensive Plan.
Carole Perry stated the number of different documents makes the process confusing.
Lahars should be addressed in the critical areas ordinance. According to KGMI, the
Environmental Protection Agency (EPA) and Puget Sound Partnership had a meeting with
the Joint Board about a process to get money that is too bureaucratic that it's confusing and
doesn't work. Economic vitality is leaving the county. The land base and tax base are
going. Officials are trying to get money from the Puget Sound Partnership and EPA, but
generate economic vitality instead so they can pay themselves.
DISCUSSION AND PRELIMINARY DIRECTION
1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE
PLAN CHAPTER 11, ENVIRONMENT, AND APPENDIX G, WATER RESOURCES
PROGRAM AND SALMON RECOVERY PROGRAM (AB2016 -047K)
Forrest Longman, Council Office, referenced the Proposed Council Changes to
Comprehensive Plan for Chapter 11 beginning on Council packet page 22.
Weimer moved to approve Items 1 through 17 in the Proposed Council Changes to
Comprehensive Plan for Chapter 11 beginning on Council packet page 22, which concern
comma usage and may be considered in a single motion.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Weimer moved to approve items 18 through 59 and 61 in the Proposed Council
Changes to Comprehensive Plan for Chapter 11 beginning on Council packet page 22, which
concern other non - substantive grammatical changes and may be considered in a single
motion.
Special Committee of the Whole - 9:30 A.M., 4/5/2016, Page 2
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Brenner referenced item 62 in the Proposed Council Changes to Comprehensive
Plan for Chapter 11 beginning on Council packet page 22 and stated these are goals that
they want to get to. Everyone wants to figure out how to ensure long -term sustainability.
She moved to amend Comprehensive Plan page 11 -2, lines 13 -20, "This chapter is
composed of an introduction and four sections organized by topic heading. The first section,
entitled "General Environmental Management," addresses general environmental goals and
policies. The remaining three sections deal with Natural Hazards, Water Resources, and
Natural Systems. Together, the sections of this chapter provide the direction necessary to
ensure /promote long -term sustainability of the environment in Whatcom County."
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Brenner referenced item 63 in the Proposed Council Changes to Comprehensive
Plan for Chapter 11 beginning on Council packet page 22 and stated the goal is to eliminate
these things. Goals are what you strive for. They don't necessarily get to all these
solutions, but it's important that is what they're trying to get to. She moved to amend
Comprehensive Plan page 11 -3, lines 13 -22, "Relative to environmental protection,
Whatcom County's County -Wide Planning Policies (CWPP) give the most attention to water
issues. They state, "The quality of life and economic health of Whatcom County
communities depend on the maintenance of a safe and reliable water supply. All
jurisdictions and water purveyors should cooperate to ensure the protection and quality of
the area's water resources." Specific policies address water, promoting inter - jurisdictional
cooperation in conserving, protecting, and managing the water resource, and in r;g
eliminating water pollution."
The motion was seconded.
Brenner asked if it will require more restrictions.
Mark Personius, Planning and Development Services Department, stated it's not an
issue. This is a narrative section that speaks to the countywide planning policies (CWPP),
which use the language about reducing, not eliminating.
Brenner withdrew her motion.
Brenner referenced item 64 in the Proposed Council Changes to Comprehensive
Plan for Chapter 11 beginning on Council packet page 22 and stated she thought it was due
to a number of things, including flooding. Sometimes the Nooksack River is milky colored
due to different stuff. She moved to amend Comprehensive Plan page 11 -5, lines 6 -7,
"The milky color of the Nooksack River is partially due to the same kind of rock flour,
created by glacial activity on the slopes of Mount Baker."
Mann asked if there is any scientific evidence supporting the motion.
Special Committee of the Whole - 9:30 A.M., 4/5/2016, Page 3
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2 Brenner stated the river is different colored due to different activity. She withdrew
3 her motion.
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5 Brenner referenced item 65 in the Proposed Council Changes to Comprehensive
6 Plan for Chapter 11 beginning on Council packet page 22 and stated it's a grammar change.
7 She moved to amend Comprehensive Plan page 11 -6, lines 45 -p. 11 -7, line 2, "They
8 provide important beneficial uses to the community such as: the supply of clean drinking
9 water; management of stormwater run -off and flood hazard management; support for a
10 wide variety of fish and wildlife; fresh air and a sense of place that in which residents invest
11 +R, enjoy, and expect."
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13 The motion was seconded.
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15 Mann stated he disagrees with the grammar in the motion.
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17 Brenner withdrew her motion.
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19 Brenner referenced item 66 in the Proposed Council Changes to Comprehensive Plan
20 for Chapter 11 beginning on Council packet page 22 and stated people don't understand the
21 information. Having information and understanding are two different things.
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23 Browne moved to amend Comprehensive Plan page 11 -7, line 13 -14, "Much of the
24 environmental degradation and destruction to property occurs as a result of a lack of
25 information /understanding rather than willful action."
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27 The motion was seconded.
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29 The motion carried by the following vote:
30 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
31 Nays: None (0)
32
33 Donovan referenced item 67 in the Proposed Council Changes to Comprehensive
34 Plan for Chapter 11 beginning on Council packet page 22 and stated he tried to make the
35 statement more emphatic. He moved to amend Comprehensive Plan page 11 -7, Policy 11A-
36 4, "Manage designated Critical Areas (ECAs) aided,. to jffimize --ef protect against
37 environmental degradation and reduce the potential for losses to property and human life."
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39 The motion was seconded.
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41 The motion carried by the following vote:
42 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
43 Nays: None (0)
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45 Donovan referenced 68 in the Proposed Council Changes to Comprehensive Plan for
46 Chapter 11 beginning on Council packet page 22.
47
48 Browne moved to amend Comprehensive Plan page 11 -7, Policy 11A -6, "A+ag to
49 +neet Meet or exceed national, state, and regional air quality standards. Work with the
50 Northwest Clean Air Agency to ensure compliance with applicable air quality standards."
51
52 The motion was seconded.
53
Special Committee of the Whole - 9:30 A.M., 4/5/2016, Page 4
1 Weimer stated he supports the intent, but the County has no authority over air
2 quality standards. He asked if the change requires the County to meet the standards. The
3 County can only work with the Northwest Clean Air Agency.
4
5 Personius stated the County coordinates with the Northwest Clean Air Agency, but is
6 not directly involved. The County can help with funding, land use, or permitting. The
7 language change would be fine.
8
9 Sidhu stated he prefers to keep the language as it is, given the reason
10 Councilmember Weimer indicated. They can aim to meet regulations set by the Northwest
11 Clean Air Agency.
12
13 Browne withdrew the motion.
14
15 Weimer referenced item 69 in the Proposed Council Changes to Comprehensive Plan
16 for Chapter 11 beginning on Council packet page 22 and stated it was a suggestion from
17 someone to make sure they are talking about best available science.
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19 Mann moved to amend Comprehensive Plan page 11 -8, Policy 11A -7, "Support
20 efforts :using best available science to educate and inform the public as to the benefits of a
21 healthy and viable environment, ecologically fragile areas, and their economic and social
22 value."
23
24 The motion was seconded.
25
26 The motion carried by the following vote:
27 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
28 Nays: None (0)
29
30 Weimer referenced item 70 in the Proposed Council Changes to Comprehensive Plan
31 for Chapter 11 beginning on Council packet page 22 and stated they ought to show
32 leadership in addition to coordination.
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34 Mann moved to amend Comprehensive Plan page 11 -8, Policy 11A -8, "Lead and
35 coordinate efforts with property owners, citizen groups, and governmental and non -
36 governmental agencies in furthering Whatcom County's environmental goals and policies."
37
38 Buchanan stated fix the capitalization error.
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40 Brenner stated the County doesn't always lead. She suggested "Lead or coordinate."
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42 Mann accepted the suggestion as a friendly amendment, "Lead and /or coordinate."
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44 The motion was seconded.
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46 The motion carried by the following vote:
47 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
48 Nays: None (0)
49
50 Brenner stated she withdraws her proposed item 71 in the Proposed Council
51 Changes to Comprehensive Plan for Chapter 11 beginning on Council packet page 22. She
52 referenced item 72 and stated they don't have to be citizens. They are just talking about
53 county residents. She moved to amend Comprehensive Plan page 11 -8, Policy 11A -12,
Special Committee of the Whole - 9:30 A.M., 4/5/2016, Page 5
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"Broadly inform the ^teens —of the county residents of the locations of potential
development constraints associated with natural conditions. Information should include
known natural hazards, and an assessment of the potential danger to both the property
owner and the public."
The motion was seconded.
Weimer stated residents are more permanent than citizens, according to the
dictionary. They want to inform all people, not just permanent residents.
Brenner amended her motion and moved to amend Comprehensive Plan page
11 -8, Policy 11A -12, "Broadly inform the eitizens of t county people of the locations of
potential development constraints associated with natural conditions. Information should
include known natural hazards; and an assessment of the potential danger to both the
property owner and the public."
The amended motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Weimer referenced item 73 in the Proposed Council Changes to Comprehensive Plan
for Chapter 11 beginning on Council packet page 22 and stated it is an accurate statement
that had been removed.
Brenner stated people have a hard time figuring out what it all means. It's a clear
sentence that had been removed.
Weimer moved to amend Comprehensive Plan page 11 -8, lines 38 - p.11 -9, line 2,
"There are currently a multitude of regulations and administrative processes at the federal,
state and local level that together have become excessive and difficult to understand.
Conflictinq requlations and complicated administrative processes can create undue hardship
on community members and result in reduced levels of environmental protection.
Regulatory inspection and enforcement of environmental regulations are currently
inconsistent and lack effectiveness. The combination of complex regulations and inadequate
enforcement have led to a lack of administrative predictability, widespread violations, and
ultimately to environmental deterioration. Thoughtful and efficient regulations play an
important part in protecting the environment."
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Brenner referenced 74 in the Proposed Council Changes to Comprehensive Plan for
Chapter 11 beginning on Council packet page 22.
Cliff Strong, Planning and Development Services Department, stated advanced
mitigation is an official term.
Special Committee of the Whole - 9:30 A.M., 4/5/2016, Page 6
1 Brenner stated she would withdraw her proposed item 74. She referenced item 75
2 in the Proposed Council Changes to Comprehensive Plan for Chapter 11 beginning on
3 Council packet page 22 and moved to amend Comprehensive Plan page 11 -9, Policy 11B -7,
4 "KeeN Ensure regulations are as simple as possible and maintain effective inspection,
5 compliance, and enforcement measures."
6
7 The motion was seconded.
8
9 The motion carried by the following vote:
10 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
11 Nays: None (0)
12
13 Brenner referenced item 76a in the Proposed Council Changes to Comprehensive
14 Plan for Chapter 11 beginning on Council packet page 22 and stated it should be voluntary,
15 also. Don't make it required. She moved to amend Comprehensive Plan page 11 -10,
16 Policy 11C -3, "Emphasize an approach to environmental protection by encouraging the use
17 of conservation easements, open space taxation, land acquisition, purchase /voluntary
18 workable transfer of development rights...."
19
20 The motion was seconded.
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22 Brenner stated some councilmembers seem to agree that this is supposed to be
23 voluntary, not required.
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25 Donovan stated other language in that section doesn't change the policy that much.
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27 Brenner stated the program doesn't work. Don't force people to do something that
28 has never worked.
29
30 The motion carried by the following vote:
31 Ayes: Brenner, Sidhu, Browne, and Donovan (4)
32 Nays: Buchanan, Mann, and Weimer (3)
33
34 Donovan referenced item 76b in the Proposed Council Changes to Comprehensive
35 Plan for Chapter 11 beginning on Council packet page 22 and stated it doesn't add anything
36 of value. He moved to amend Comprehensive Plan page 11 -10, Policy 11C -3, "Emphasize
37 an approach to environmental protection by encouraging the use of conservation
38 easements, open space taxation, land acquisition, purchase /transfer of development rights,
39 and other mechanisms that assist affected property owners. Avoid extreme standards and
40 procedures ''"rare defined as those likely to require compensation to property owners or
41 invalidation of such rules."
42
43 The motion was seconded.
44
45 Brenner stated she likes the language. She suggested a friendly amendment to keep
46 the sentence as it is, and add "wherever possible."
47
48 Donovan did not accept the friendly amendment. They can't define extreme
49 standards.
50
51 Sidhu stated defining "extreme" is very subjective.
52
53 Browne suggested a friendly amendment, "...procedures that are defined as...."
Special Committee of the Whole - 9:30 A.M., 4/5/2016, Page 7
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Donovan did not accept the friendly amendment. He has a problem with the term
"extreme standards."
Brenner stated extreme standards are defined as standards and procedures that are
likely to require compensation to property owners or invalidation of such rules. That's the
definition.
Browne suggested a friendly amendment "Emphasize an approach to
environmental protection by encouraging the use of conservation easements, open space
taxation, land acquisition, purchase /transfer of development rights, and other mechanisms
that assist affected property owners. Avoid extreme standards and procedures that are
defined as those likely to require compensation to property owners or invalidation of such
rules.."
Donovan accepted the friendly amendment.
Brenner asked for a definition of extreme standards. Personius stated there isn't a
standard of what would define an "extreme" procedure. There are legal requirements for
property rights takings. Those are legal standards.
Mann stated he is frustrated they are spending time wordsmithing things that should
be self- evident. Of course they want things that are successful and don't want things that
are extreme, illegal, or violate the Constitution. He supports the original proposal to avoid
extreme standards and things that require compensation. Don't single out those issues in
certain sections. It's self- evident throughout the document, not just in this section.
Brenner stated she likes the language. It's very important.
Mann stated it shouldn't be in just this section. The policy should apply to all
sections.
Browne stated he understands Councilmember Mann's point. Include a section with
the overarching approach to dealing with all the regulations. There is room for other things
in that type of section, such as performance metrics used to measure results over time. He
withdrew his friendly amendment. He would support Councilmember Donovan's motion
to strike this language if they try to simplify the document and make it consistent overall.
Brenner stated people worry about whether government will take their land when it
comes to environmental protection, which is what this chapter is about.
Sidhu suggested a friendly amendment to amend and move the sentence from
Policy 11C -3 to follow the sentence on lines 19 and 20 on Comprehensive Plan page 11 -10,
"To that end, the law must protect the public good from detrimental private actions. Avoid
standards and procedures that are likely to require compensation to property owners or
invalidation of such rules." And to delete the sentence in Policy 11C -3, "...affected property
owners. Avoid extreme StandaFds and pFarz;edUFes; that aFe likely te ... pensatien to
pr-apeft
Donovan accepted the friendly amendment.
The amended motion was seconded.
Special Committee of the Whole - 9:30 A.M., 4/5/2016, Page 8
1 The motion carried by the following vote:
2 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
3 Nays: None (0)
4
5 Brenner moved to amend all references to transfers of development rights in this
6 same section, which should be amended, "voluntary workable transfer of development
7 rights."
8
9 Buchanan stated it's already in there. It's in the same paragraph.
10
11 Brenner withdrew her motion. She referenced item 77 in the Proposed Council
12 Changes to Comprehensive Plan for Chapter 11 beginning on Council packet page 22 and
13 stated and moved to amend Comprehensive Plan page 11 -11, lines 18 -21, "The CIG
14 confirms that global climate models project mid -21St century temperatures in the Pacific
15 Northwest that aTe will be higher than the natural range of temperature observed in the 20th
16 century." They are talking about something in the future. She believes in climate change,
17 but not that people cause it all. She won't support something is happening in the future.
18
19 The motion was seconded.
20
21 Browne stated this sentence references what climate change models project, not
22 what is happening.
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24 Brenner stated the grammar is future tense, and the sentence should say it that
25 way.
26
27 The motion carried by the following vote:
28 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
29 Nays: None (0)
30
31 Longman referenced a handout of additional changes from Councilmember Browne
32 (on file).
33
34 Brenner stated she hasn't had enough time to look at it. She moved to table these
35 items to the next meeting.
36
37 Mann stated they don't need a motion.
38
39 Buchanan stated there seems to be consensus.
40
41 Browne stated the changes are presented in writing. Councilmembers frequently
42 present complex verbal motions that are voted on.
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44 Brenner stated she needs time to go over all this language. Councilmembers were
45 given plenty of time to work on the information in the Council packet. It's not fair to do
46 this.
47
48 Browne stated he withdraws consideration of the items in the handout from today's
49 meeting.
50
51 Donovan referenced item 78 in the Proposed Council Changes to Comprehensive
52 Plan for Chapter 11 beginning on Council packet page 22 and moved to amend with
53 different language, "Where highe -r winter streamflow in rain -fed river basins, if winter
Special Committee of the Whole - 9:30 A.M., 4/5/2016, Page 9
1 precipitation increases as projected, will result in scouring floods that negatively affect
2 salmon population."
3
4 Weimer stated it's not rain and snow, it's rain on snow, which is a specific
5 phenomenon that deals with flooding and which is different from precipitation. He
6 suggested amending Comprehensive Plan page 11 -11, lines 29 -30, "Where highe -r winter
7 streamflow in rain -fed river basins, if winter precipitation and rain -on -snow events increase
8 as projected, will result in scouring floods that negatively affect salmon population."
9
10 Donovan accepted the suggestion as a friendly amendment.
11
12 The motion was seconded.
13
14 The motion carried by the following vote:
15 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
16 Nays: None (0)
17
18 Donovan referenced item 79 in the Proposed Council Changes to Comprehensive
19 Plan for Chapter 11 beginning on Council packet page 22 and moved to amend
20 Comprehensive Plan page 11 -12, Policy 11D -1, "Whatcom County's natural resource -based
21 economic sectors, natural systems, water resources, infrastructure, emergency
22 management and public health all face petentially noteworthy climate change related risks
23 in the future...." They will face noteworthy climate changes.
24
25 The motion was seconded.
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27 Brenner stated climate change may or may not happen. She supports the existing
28 language.
29
30 Browne stated it a risk and does not have a defined end. It's not a certain event.
31 The word "potential" is redundant.
32
33 Brenner stated that something with a small risk is not noteworthy.
34
35 The motion carried by the following vote:
36 Ayes: Mann, Browne, Buchanan, Weimer and Donovan (5)
37 Nays: Brenner (1)
38 Absent: Sidhu (out of the room) (1)
39
40 Weimer referenced item 80 in the Proposed Council Changes to Comprehensive Plan
41 for Chapter 11 beginning on Council packet page 22. He moved to amend Comprehensive
42 Plan page 11 -13 to create a new policy, "11D -6: Convene a climate impact advisory
43 committee by 2017. The advisory committee should consist of (but not be limited to)
44 experts in energy efficiency and carbon emission reduction, representatives from Whatcom
45 County, and interested community members. The committee will be tasked with:
46 # Evaluating Whatcom County's compliance with meeting targets set forth in the
47 2007 Climate Plan;
48 • Establishing new targets that meet or exceed state and federal climate impact
49 goals;
50 • Updating the Climate Plan, at minimum every five years, or as needed to meet
51 targets; and
52 • Recommending updates to the Whatcom County Comprehensive Plan in
53 accordance with meeting Whatcom County's emission reduction goals.
Special Committee of the Whole - 9:30 A.M., 4/5/2016, Page 10
Ensuring that Whatcom County government facilities and operations are designed
to meet or exceed goals and standards resolved in the 2007 Climate Protection
and Energy Conservation Action Plan and future updates."
The motion was seconded.
Brenner asked if staff agrees with the motion. Personius stated the plan was done in
2007 and focused on County operations and facilities, such as fleet operations and building
operations. It's Council's discretion to see what they would like in that plan. The Council
would have to establish the committee and get specific about what the Council wants to see
in this plan. The resolution would be specific. It's okay.
Browne stated there is an opportunity to leverage what Vancouver, B.C. is trying to
do locally to become one of the greenest cities in North America. The plan should
understand what the City of Vancouver is doing, and then integrate local economic
development to take advantage of that. The Committee should understand what the City of
Vancouver is doing, and take advantage of those economic opportunities.
Brenner stated don't be specific to Vancouver, but they could reference what other
cities and counties are doing.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Donovan referenced item 81 in the Proposed Council Changes to Comprehensive
Plan for Chapter 11 beginning on Council packet page 22. He moved to amend
Comprehensive Plan page 11 -13 to create a new policy, "11D -7: Encourage sustainability by
developing strategies and practices to increase the use of renewable, non - carbon energy in
Whatcom County facilities and County vehicles, with a goal of net zero carbon emission by
2050."
The motion was seconded.
Brenner suggested a friendly amendment, ... with a goal of significant reduction
of manmade net zero carbon emission by 2050." Don't set impossible goals.
Donovan accepted a portion of the motion to amend Comprehensive Plan page
11 -13 to create a new policy, "11D -7: Encourage sustainability by developing strategies and
practices to increase the use of renewable, non - carbon energy in Whatcom County facilities
and County vehicles, with a goal of net zero manmade carbon emission by 2050."
Ambitious goals will create successful policies. Many organizations are working toward that
goal by 2050. Having that set goal with other organizations and municipalities is healthy.
Brenner stated she's not comfortable with a goal of net zero carbon emissions.
Browne suggested a friendly amendment to the motion to amend
Comprehensive Plan page 11 -13 to create a new policy, "near -eater+ net neutral carbon."
Donovan accepted the friendly amendment and restated the motion to amend
Comprehensive Plan page 11 -13 to create a new policy, "11D -7: Encourage sustainability by
developing strategies and practices to increase the use of renewable, net neutral carbon
Special Committee of the Whole - 9:30 A.M., 4/5/2016, Page 11
1 energy in Whatcom County facilities and County vehicles, with a goal of net zero manmade
2 carbon emission by 2050."
3
4 The motion carried by the following vote:
5 Ayes: Sidhu, Mann, Browne, Buchanan, Weimer and Donovan (5)
6 Nays: None (1)
7 Abstains: Brenner (1)
8
9 Donovan referenced item 82 in the Proposed Council Changes to Comprehensive Plan
10 for Chapter 11 beginning on Council packet page 22 and moved to amend Comprehensive
11 Plan page 11 -13 to create a new policy, "11D -8: Encourage sustainability by developing
12 strategies and practices to reduce landfill waste from Whatcom County facilities to zero."
13
14 The motion was seconded.
15
16 Sidhu asked if it references County government -owned facilities or all facilities,
17 public and private, in Whatcom County.
18
19 Donovan stated it does refer to County government -owned facilities.
20
21 Browne stated some materials cause more environmental damage when attempting
22 to recycle them than putting them into the landfill, such as Styrofoam. It's not practical to
23 store Styrofoam in a 40 -foot container and then drive it somewhere to find a way to recycle
24 it. There was a lower environmental footprint in landfilling it.
25
26 Weimer suggested a friendly amendment to the motion, "to near zero."
27
28 Donovan accepted the friendly amendment and restated the motion to amend
29 Comprehensive Plan page 11 -13 to create a new policy, "11D -8: Encourage sustainability by
30 developing strategies and practices to reduce landfill waste from Whatcom County
31 government facilities to near zero."
32
33 Brenner stated they don't need to go to zero for things such as wood and paper.
34
35 Browne stated they found people who wanted to take the waste and use it as stock
36 for something else. It didn't go to the landfill. The secret to achieving that is the
37 consistency and cleanliness of the particular item. Sortation is the key.
38
39 The motion carried by the following vote:
40 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
41 Nays: None (0)
42
43 Brenner stated she withdraws proposed item 83 in the Proposed Council Changes to
44 Comprehensive Plan for Chapter 11 beginning on Council packet page 22.
45
46 Donovan referenced Comprehensive Plan page 11 -13, the Background Summary,
47 and the sections being removed regarding specific landslides. He asked if there is a
48 substantive impact to removing the specific references. Strong stated there is not.
49
50 Brenner referenced item 84 in the Proposed Council Changes to Comprehensive Plan
51 for Chapter 11 beginning on Council packet page 22 and asked if "over- steepened" is a
52 technical term. Strong stated the condition of the soil and water is more of a factor of the
53 steepness. It refers to the point of being over - steep.
Special Committee of the Whole - 9:30 A.M., 4/5/2016, Page 12
1
2 Mann stated it's a geological term.
3
4 Brenner stated she withdraws her proposed motion in item 84.
5
6 Browne referenced item 80 in the Proposed Council Changes to Comprehensive Plan
7 for Chapter it beginning on Council packet page 22 and asked if they will be locked into the
8 plan. He moved to reconsider item 80 in the Proposed Council Changes to Comprehensive
9 Plan for Chapter 11 beginning on Council packet page 22.
10
11 The motion to reconsider was seconded.
12
13 The motion to reconsider carried by the following vote:
14 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
15 Nays: None (0)
16
17 Browne moved to amend the last bullet point in that section to strike °2007" and
18 "and future updates" and use whatever plan is the current plan. "Ensuring that Whatcom
19 County government facilities and operations are designed to meet or exceed goals and
20 standards resolved in the 2007 Climate Protection and Energy Conservation Action Plan and
21 future updates." Don't get locked into 2007.
22
23 The motion was seconded.
24
25 Brenner stated the language includes future updates to the plan.
26
27 Browne stated the current language means they have to comply with both the 2007
28 plan and the future updates. His language makes it clear about complying with the current
29 plan, whatever date that is.
30
31 Buchanan asked if °2007" is in the title or just the date of publication. Strong stated
32 it's just the date of publication.
33
34 Mann suggested a friendly amendment, "...resolved in the 2007 current Climate
35 Protection and Energy Conservation Action Plan and futLife ~~' es."
36
37 Browne accepted the friendly amendment.
38
39 The amended motion was seconded.
40
41 The motion carried by the following vote:
42 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
43 Nays: None (0)
44
45 Brenner referenced item 85 in the Proposed Council Changes to Comprehensive Plan
46 for Chapter 11 beginning on Council packet page 22 regarding Comprehensive Plan page
47 11 -16, lines 4 -5, "All of the formerly active mines are now no longer werke4 active and are
48 abandoned." Mines are either active or not active. Some were closed properly and some
49 were abandoned.
50
51 Mann stated he would like to know if they are all abandoned. He doesn't know if the
52 language is a true statement.
53
Special Committee of the Whole - 9:30 A.M., 4/5/2016, Page 13
1 Browne stated a mine is active if some mining is done periodically. A mine is
2 abandoned if someone closes the mine or decommissions the mine voluntarily.
3
4 Mann stated he would like staff to find out if these are technical terms and if the
5 statements are accurate.
6
7 Brenner referenced item 86 in the Proposed Council Changes to Comprehensive
8 Plan for Chapter 11 beginning on Council packet page 22 and moved to amend
9 Comprehensive Plan page 11 -16, lines 11 -12, "Landslides - Siting human development on
10 or adjacent to known landslide hazard areas can create health and safety risks €ef hufflans
11 and their preperty."
12
13 The motion was seconded.
14
15 The motion carried by the following vote:
16 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
17 Nays: None (0)
18
19 Brenner stated she withdraws proposed item 87.
20
21 Donovan referenced item 88 in the Proposed Council Changes to Comprehensive
22 Plan for Chapter 11 beginning on Council packet page 22 and stated the amendment is
23 more geologically accurate. He moved to amend Comprehensive Plan page 11 -17, lines 1-
24 6, "Volcanos - A volcanic eruption or mudflow at Mount Baker could potentially severely
25 affect river flow on the Nooksack River or Baker River and cause severe property damage
26 near the volcanoes or along lahar routes. A lahar is an extremely rare and unpredictable
27 occurrence. Evacuation routes should be planned and made public. Development should be
28 regulated according to the Critical Areas Ordinance." It's not rare in geologic time.
29
30 The motion was seconded.
31
32 Brenner stated there is a difference between being rare and being unpredictable.
33
34 Mann stated they aren't talking about geologic time. They are talking about human
35 time, and lahars are extremely rare. Given the monitoring technology that exists, he
36 doesn't know if they're unpredictable. Delete the entire sentence, 1ahaF is extfefyi ly re
37 and unpredictable eceurrenee."
38
39 Donovan withdrew the motion.
40
41 Sidhu moved to amend Comprehensive Plan page 11 -17, lines 1 -6, "Volcanos - A
42 volcanic eruption or mudflow at Mount Baker could potentially severely affect river flow on
43 the Nooksack River or Baker River and cause severe property damage near the volcanoes or
44 along lahar routes. A lahar is an extremely rare and unpredictable occurrence. Evacuation
45 routes should be planned and made public. Develapfn it should ,be regulated acee 94e
46 tf- Crrtieal- ,4rasrc#an It's too onerous. Earthquakes, tsunami areas, and extreme
47 hazards are not covered in the Critical Areas Ordinance (CAO). Contrary to staff, the
48 County can forewarn and minimize the risk. Informed residents must bear some
49 responsibility to handle undefined risks. The County can't afford to stand in for these
50 unpredictable, unforeseeable risks. These events are speculative. The right action is to
51 forewarn, minimize, and take actions such as evacuation.
52
53 The motion was seconded.
Special Committee of the Whole - 9:30 A.M., 4/5/2016, Page 14
Donovan asked what it means to regulate lahars through the CAO. Strong stated the
Growth Management Act says they must regulate geologic hazards as critical areas. The
County Council can adopt whatever regulation it wants, but it must consider the hazards
and try to minimize the risk.
Sidhu stated they should put some limits to the CAO, not apply it everywhere.
Brenner stated the hazards must be regulated differently. They need to figure out
different levels within the CAO, not apply the same restrictions to all hazard areas. She
asked if this went through the Planning Commission. Strong stated the Planning
Commission adapted the language from suggestions from the Building Industry Association.
All natural hazards are covered in the CAO. There are policies to consider these hazards
through a public process and for the County Council to define the risk. They don't need that
sentence in there because it is regulated by the CAO.
Sidhu asked how the CAO handles earthquakes in addition to code requirements for
building construction. Strong stated the CAO includes maps showing the most hazardous
areas. There are different building standards for the different earthquake zones.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Brenner referenced item 89 in the Proposed Council Changes to Comprehensive
Plan for Chapter 11 beginning on Council packet page 22. She moved to amend
Comprehensive Plan page 11 -18, Policy 11F -3, "Broadly inform themes people of the
county of the locations of known natural hazards, and the potential for adverse impacts of
such natural hazards to the health, safety, and welfare of people and their prepeFty
properties."
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Brenner referenced item 90 in the Proposed Council Changes to Comprehensive
Plan for Chapter 11 beginning on Council packet page 22. She moved to amend
Comprehensive Plan page 11 -18, Policy 11F -5, "Allow permitted uses that do not require
human habitation so long as probable adverse off -site impacts to other properties or natural
systems (those impacts resulting from the interaction of the natural hazard and the
proposed devefepfnent uses) are minimized or mitigated. Probable adverse impacts should
be prevented or avoided in habitats of state or federally listed sensitive plant and animal
species." They are talking about uses, not development.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Special Committee of the Whole - 9:30 A.M., 4/5/2016, Page 15
1 Brenner referenced item 91 in the Proposed Council Changes to Comprehensive
2 Plan for Chapter 11 beginning on Council packet page 22. She moved to amend
3 Comprehensive Plan page 11 -19, Policy 11F -7, "Maintain a comprehensive program of
4 regulatory and non - regulatory mechanisms to achieve Natural Hazard goals and policies.
5 This program should include such mechanisms as education, tax incentives, zoning, land
6 use regulations, conservation easements, purchase of development rights, voluntary
7 workable transfer of development rights, and public acquisition."
8
9 The motion was seconded.
10
11 Browne suggested a friendly amendment to replace "workable" with
12 "economically- viable."
13
14 Brenner did not accept the friendly amendment.
15
16 The motion failed by the following vote:
17 Ayes: Brenner and Browne (2)
18 Nays: Mann, Sidhu, Buchanan, Weimer and Donovan (5)
19
20 Brenner stated she withdraws proposed item 92 in the Proposed Council Changes to
21 Comprehensive Plan for Chapter 11 beginning on Council packet page 22.
22
23 Weimer referenced item 93 in the Proposed Council Changes to Comprehensive Plan
24 for Chapter 11 beginning on Council packet page 22. Make it clear they will deny
25 development permits only when necessary to protect human life. He moved to amend
26 Comprehensive Plan page 11 -19, Policy 11F -11, "Require applicants for development
27 permits located in natural hazard areas to provide development plans designed to minimize
28 the potential to exacerbate the natural hazard as well as the risk of damage to property or
29 threats to human health and safety. In natural hazard areas where engineering solutions
30 cannot be designed to withstand the forces expected to occur under the design event of a
31 particular natural hazard, or off -site adverse impacts to adjacent properties or natural
32 systems cannot be adequately mitigated, Whatcom County will fffay deny development
33 permits intended for permanent or seasonal human habitation where necessary to protect
34 human life."
35
36 The motion was seconded.
37
38 Weimer asked if it conflicts with the CAO. Strong stated he can look into it.
39
40 Personius stated staff prefers to keep "may." The amendment does not allow any
41 discretion to decide. The Planning Commission is going through the review to find a balance
42 between risk and public safety, given the best available science. He likes the term, "where
43 necessary to protect human life." It qualifies the context of why they apply these
44 regulations.
45
46 Weimer withdrew the motion to defer the discussion about these risks to when the
47 CAO comes forward.
48
49 Sidhu stated that in terms of the CAO, the notion that the County must protect
50 people from these types of hazards is a problem. The County can forewarn people and
51 minimize the risk. It can't stand in to protect everything. Protection has limits. The
52 citizens must bear some responsibility. Personius stated he agrees, especially with
53 catastrophic events with low probability. The question is how to identify the right regulatory
Special Committee of the Whole - 9:30 A.M., 4/5/2016, Page 16
1 application to these catastrophic events, which may be more about public notification and
2 evacuation and about emergency management actions rather than applying a regulation to
3 restrict private property.
4
5 Browne stated they must hold a different standards for public buildings, such as
6 schools.
7
8
9 OTHER BUSINESS
10
11 There was no other business.
12
13
14 ADJOURN
15
16 The meeting adjourned at 11:52 a.m.
17
19 The
,,,tWY",!P�pPr.Qved these minutes on May 3, 2016.
,. .� t
20 ATTi=ST. . •' ", WHATCOM COUNTY COUNCIL
21 `• �'� WHATCOM COUNTY, WASHINGTON
22
23
25
26 Dana Brown - Davis, CQuhcll oerk a chan n, Council Chair
27
29
30
31 Jill Nixon, Minutes Transcription
32
33
Special Committee of the Whole - 9:30 A.M., 4/5/2016, Page 17