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HomeMy WebLinkAboutSpecial Committee of the Whole July 12 20161 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 WHATCOM COUNTY COUNCIL Special Committee of the Whole July 12, 2016 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 10:47 a.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd Donovan, Rud Browne and Barry Buchanan. Absent: None. COMMITTEE DISCUSSION — CONFERENCE ROOM 1. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES REGARDING POTENTIAL LITIGATION, COMPREHENSIVE PLAN REVIEW PROCESS (AB2016 -018) The attorney for this discussion is Karen Frakes. Buchanan stated that discussion of agenda item one may take place in executive session pursuant to RCW42.30.110 (1)(i). Executive session will conclude no later than 11:15 a.m. If the meeting extends beyond the stated conclusion time, he will step out of the meeting to make a public announcement. Mann moved to go into executive session until no later than 11:15 a.m. to discuss the agenda items pursuant to RCW citations as announced by the Council Chair. The motion was seconded. The motion carried by the following vote: Ayes: Sidhu, Brenner, Browne, Buchanan, Mann, Donovan and Weimer (7) Nays: None (0) Buchanan announced the executive session is extended to 11:30 a.m. Buchanan reported for executive session and stated the committee discussed the option to split the Cherry Point urban growth area (UGA) amendments out to a separate process. Brenner moved to separate Councilmember Weimer's proposed changes to the Cherry Point urban UGA, items one through eight and ten through 13, from this Comprehensive Plan process, docket them for future review, and send them to the Planning Commission. The motion was seconded. Special Committee of the Whole, 7/12/2016, Page 1 1 Councilmembers discussed sending Councilmember Weimer's proposed amendments 2 to the Planning Commission as a docketed item for a future Comprehensive Plan review. 3 4 Buchanan restated the motion to separate Councilmember Weimer's proposed 5 changes to the Cherry Point urban UGA, proposed amendments one through 13, send them 6 to the Planning Commission, and docket for subsequent Council review with the 7 understanding that a resolution will be crafted with a specific timeline. 8 9 The motion carried by the following vote: 10 Ayes: Sidhu, Brenner, Browne, Buchanan, and Mann (5) 11 Nays: Weimer and Donovan (2) 12 13 14 PUBLIC COMMENT 15 16 1. AUDIENCE MEMBERS ARE INVITED TO COMMENT SPECIFICALLY ON THE 17 FOLLOWING WHATCOM COUNTY COMPREHENSIVE PLAN CHAPTERS: 18 CHAPTER 2, LAND USE (AB2016- 047B); CHAPTER 11, ENVIRONMENT 19 (AB2016- 047K); APPENDICES (AB2016 -047L) 20 21 The following people spoke: 22 23 Larry Helm submitted and read from a handout (on file) and stated the current 24 proposed changes will contribute to the decline in the local economy. 25 26 Brad Owens, Northwest Jobs Alliance President, stated don't approve changes that 27 will diminish the uses of industrial land at Cherry Point. 28 29 Andrew Gamble, Petrogas West Ferndale Terminal Operations Manager, submitted 30 and read from his handout (on file). Proposed changes to Chapter 2 are problematic. Do 31 not approve those proposed amendments. 32 33 Carole Perry stated proposed amendments should go through the proper process and 34 the process is confusing. 35 36 Jim Groves stated don't jeopardize jobs at Cherry Point. Provide good living wages to 37 future generations. It's important to cooperate and compromise. 38 39 Stewart Pennington stated he's concerned that the process isn't ethical because they 40 scheduled this item under Other Business. If they don't invest in the future, a lower -tier 41 company will take over. Let the companies invest in their futures. 42 43 John Strong stated the plan at Cherry Point is for a multi -modal shipping facility that 44 isn't built just for coal. It's about economic development, not about fossil fuel and coal. 45 46 Bob Waters, SSA Marine Senior Vice President, stated the Army Corps of Engineers 47 decision is subject to appeal and is not final. Pacific International Terminals may file a new 48 application if circumstances change. Remove inaccuracies and inconsistencies in the 49 Comprehensive Plan. 50 51 Alex Ramel stated it's disappointing that people can't speak to the Council about 52 unrefined fossil fuel export projects. Don't forget the people who would like to be involved 53 in the process regarding unrefined fossil fuel projects. Special Committee of the Whole, 7/12/2016, Page 2 Kate Blystone, Resources for Sustainable Communities, stated make sure the Planning Commission works on the proposed Cherry Point amendments soon. Brian Carey stated he supports Councilmember Weimer's proposed amendments to the Cherry Point UGA. Don't let the proposed amendments die at the Planning Commission. Cindy Austin, National Electrical Contractors Association, submitted and read from a handout (on file) and described her membership. Lyle Anderson stated Councilmember Weimer's proposed amendments may help prevent further degradation of the Cherry Point aquatic reserve habitat. (Note: The Council took a lunch break from 12:17 p.m. to 1 :37 p.m.) COMPREHENSIVE PLAN CHAPTER 2. LAND USE 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE PLAN CHAPTER 2, LAND USE (AB2016 -0478) Brenner moved to amend Comprehensive Plan page 2 -77, Policy 2CC -8, "Continue to work with service providers that serve Cherry Point to ensure the delivery of services and to allow it to develop to its fullest potential. Cherry Point industries provide family wage jobs and fuel for our county and Washington State. It is the responsibility of Cherry Point industries to fully cooperate and coordinate with our local firefighters, EMS, and environmental protection agencies to guard public health and safety and reduce environmental impacts and in sharing information pertaining to and necessary for protecting public health, safety and the environment." The motion was seconded. Councilmembers discussed the need for more transparency from the railroad company and whether this item should be considered with other Cherry Point amendments. Brenner withdrew the motion and stated it is forwarded to the Planning Commission with the other Cherry Point amendments. Donovan moved to approve two amendments: • Amend Comprehensive Plan page 2 -113, Policy 2NN -3, "Recognize the existing parcelization and the-- e&m.m, itmeril-- fef-- development the remaining development potential of multi - family parcels in Sudden Valley." • Amend Comprehensive Plan page 2 -113, Policy 2NN -8, "Work with all parties to maintain, and appropriately plan for infrastructure, public services, and stormwater retention so that Sudden Valley can develop ts-- its-- aplare 4ate peteflt+al. appropriately." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6) Nays: None (0) Absent: Browne (out of the room) (1) Special Committee of the Whole, 7/12/2016, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 COMPREHENSIVE PLAN CHAPTER 11, ENVIRONMENT 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE PLAN CHAPTER 11, ENVIRONMENT (AB2016 -047K) Forrest Longman, Council Office, referenced item 49 on Council packet page 545, which is pending from the last meeting on July 5. Donovan restated the motion from July 5 to amend Comprehensive Plan page 11- 30 to create a new policy, "113 -7: Implement a plan with the Department of Ecology by 2025 to measure and record commercial and agricultural water usage." The motion was seconded. Donovan amended his motion to amend Comprehensive Plan page 11 -30 to create a new policy, "11J -7: Encourage the Department of Ecology to eliminate the relinquishment rule and work with ag water board and the watershed improvement districts (WIDs) to develop a water bank /water exchange program in Whatcom County. iffipleffient a plafl , i h Uie-Departmen L- of -eeiq4egy by 2025 tO f._- d : � o��." -e -were= usage." Councilmembers discussed the existing Department of Ecology statewide water bank; eliminating the relinquishment rule; avoiding anything that can imply the use of water meters, and; getting information from the WID representatives, who will begin working on this issue soon. Donovan stated he would like to table his motion. Brenner moved to amen d "11J -9: Request the Department Whatcom County and provide th e recommendations to the Whatcom The motion was seconded. Comprehensive Plan page 11 -30 to create a new policy, of Ecology to determine how much water is being used in information to the WRIA 1 Planning Unit to assist in its County Council." Councilmembers discussed metering, determining the water supply, information that already exists on water use and water availability. Mark Personius, Planning and Development Services Department, answered questions. Brenner withdrew her motion and asked that it go to the Planning Commission. Donovan moved to amend Comprehensive Plan page 11 -31, Policy 11K -2, "Develop t+litj A+str- h- an+sm t,- l �ritikr t� e ftr- vblems -e"ev gent in a drinking water w lied and implement the fair and equitable funding mechanisms called for in the 2008 Lake Whatcom Comprehensive Stormwater Plan to support lake water quality protections by 2018." The motion was seconded. Special Committee of the Whole, 7/12/2016, Page 4 Councilmembers discussed who would determine whether a funding system is fair and equitable. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Brenner moved to amend Comprehensive Plan page 11 -31, Policy 11K -4, "Work cooperatively with the City of Bellingham, afvd-the Lake Whatcom Water and Sewer District, and applicable associations and organizations to identify, review, and, as appropriate, recommend changes to existing monitoring programs t l e +W_e f -the v.afie Lw- isd-ietkmis -to better improve lake water quality." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None (0) Absent: Mann (out of the room) (1) Donovan moved to amend Comprehensive Plan page 11 -31, Policy 11K -4, "Place a particular focus on the information needed to evaluate the impacts of additional development and stormwater management measures in the watershed. inelu dle an . analysis of the diversion frefn— t"w- T;;dd°e F— k of l Coordinate efforts with the Lake Whatcom Management Committee process." The motion was seconded. Councilmembers discussed the purpose of an analysis of the diversion from the Nooksack River. Personius answered questions. Donovan withdrew the motion. Brenner moved to amend Comprehensive Plan page 11 -31, Policy 11K -7, "Work cooperatively with the City of Bellingham and the Lake Whatcom Water and Sewer District to develop and track benchmarks to determine: the effectiveness of management options; when goals have been achieved; and /or when additional actions are necessary." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Donovan moved to amend Comprehensive Plan page 11 -32, Policy 11K -9, "Work to keep state publicly -owned forest lands within the Lake Whatcom watershed in public ownership..." The motion was seconded. Special Committee of the Whole, 7/12/2016, Page 5 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 Donovan moved to amend Comprehensive Plan page 11 -32, Policy 11K -9, "...and 6 support managing forestry on these lands in a manner that minimizes sediment and 7 phosphorus yields from streams, and is consistent with Best Available Science (BAS) data, in 8 order to protect and enhance water quality." 9 10 The motion was seconded. 11 12 The motion carried by the following vote: 13 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 14 Nays: None (0) 15 16 Brenner moved to amend Comprehensive Plan page 11 -32, Policy 11K -10, 17 "Encourage the location of public services, such as schools, libraries, parks /open space, and 18 post offices within RuF-a mentfniti es Sudden Valley...." 19 20 The motion was seconded. 21 22 The motion carried by the following vote: 23 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 24 Nays: None (0) 25 26 Brenner moved to amend Comprehensive Plan page 11 -32, Policy 11K -10, "...that: 27 would Rely in an attempt to reduce the vehicle miles traveled within the watershed." 28 29 The motion was seconded. 30 31 The motion carried by the following vote: 32 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 33 Nays: None (0) 34 35 Councilmembers discussed the Department of Ecology's water banking program. 36 37 Brenner moved to amend Comprehensive Plan page 11 -32, Policy 11K -11, 38 "Continue to work with Bellingham and Lake Whatcom Water and Sewer District to protect 39 and manage the Lake Whatcom watershed in accordance with the 1998 jointly adopted 40 interlocal agreement. Focus on continued implementation of the 5 -Year Work Plans of the 41 Lake Whatcom Management Program. In addition, work with the affected jurisdictions and 42 secure funding for programs that protect and enhance water quality." 43 44 The motion was seconded. 45 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 moved to amend Comprehensive Plan page 11 -32; Policy 11K -12: Review 51 and modify (as needed) the current development review process for projects in the Lake 52 Whatcom Watershed to ensure coordination with other jurisdictions to streamline regulations 53 that improve and protect water quality." Special Committee of the Whole, 7/12/2016, Page 6 1 2 The motion was seconded. 3 4 The motion carried by the following vote: 5 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 6 Nays: None (0) 7 8 Brenner moved to approve two amendments: 9 10 • Amend Comprehensive Plan page 11 -33 to create a new policy, "11K -20: 11 Urban Growth Areas shall not be designated or expanded within the Lake 12 Whatcom Watershed." 13 • Amend Comprehensive Plan page 11 -33 to add language to a new policy, 14 "11K -20: ..., and rezones that allow greater residential densities will not be 15 allowed." 16 17 The motion was seconded. 18 19 Personius stated there are existing urban growth areas in the watershed, such as 20 Geneva. He suggested language, "existing UGAs shall not be expanded nor new UGAs be 21 designated." 22 23 Brenner accepted the suggestion from Mr. Personius as a friendly amendment. The 24 full motion is to create a new policy, "11K -20: Existing urban growth areas (UGAs) shall not 25 be expanded nor new UGAs designated within the Lake Whatcom Watershed, and rezones 26 that allow greater residential densities will not be allowed." 27 28 The motion carried by the following vote: 29 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 30 Nays: None (0) 31 32 Brenner moved to amend Comprehensive Plan page 11 -34, "Among the habitats of 33 importance to fish and wildlife are the following:... 34 caves, cliffs, rocky balds, and talus slopes;" 35 36 The motion was seconded. 37 38 The motion carried by the following vote: 39 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 40 Nays: None (0) 41 42 Brenner moved to amend Comprehensive Plan page 11 -34; lines 25 -26: Most 43 Feg+enal terrestrial wildlife species regularly use aquatic and riparian habitats for breeding, 44 feeding, shelter, and migratory activities." 45 46 The motion was seconded. 47 48 Councilmembers discussed whether the term refers just to land animals that don't fly 49 or swim. 50 51 Brenner amended her motion to amend Comprehensive Plan page 11 -34, lines 25- 52 26, "Most regienal wildlife species regularly use aquatic and riparian habitats for breeding, 53 feeding, shelter, and migratory activities." Special Committee of the Whole, 7/12/2016, Page 7 1 2 The motion carried by the following vote: 3 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 4 Nays: None (0) 5 6 Brenner moved to amend Comprehensive Plan page 11 -34, lines 46 through 7 Comprehensive Plan page 11 -35, line 5, "Loss of native vegetation through conversion to 8 ornamental vegetation and non - native species often can results in loss of wildlife habitat, 9 increased competition to native wildlife from introduced species such as starlings, and 10 increased maintenance needs. Loss of native vegetation also can occur through invasions of 11 non - native species, such as the spread of Spartina, which can drastically displace important 12 native eelgrass and mudflat communities." 13 14 The motion was seconded. 15 16 Councilmembers discussed whether converting native vegetation to nonnative 17 ornamental vegetation always results in the loss of wildlife habitat. 18 19 The motion carried by the following vote: 20 Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) 21 Nays: Mann and Browne (2) 22 23 Brenner moved to amend Comprehensive Plan page 11 -35, lines 12 -15, "Decline in 24 wild salmonid abundances have been attributed to widespread loss and degradation of 25 habitat, due to hydropower, residential and urban development, agriculture, ai=�d forestry, 26 and fishing and hatchery production. Fislii, ng- af�d-4ateli- ety- p+-e�cf{ic -tiar -lair^ alse een! d 27 tT" 28 29 The motion was seconded. 30 31 The motion carried by the following vote: 32 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 33 Nays: None (0) 34 35 Brenner moved to amend Comprehensive Plan page 11 -35, lines 27 -28, "Marine 36 habitats include all salt water bodies and their shorelines, kelp and micro algae beds, 37 eelgrass meadows, salt marshes, beaches, and mudflats." 38 39 The 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 moved to amend Comprehensive Plan page 11 -36, lines 16 -22, "The 46 primary measure of water quality for shellfish harvesting is bacterial contamination 47 associated with 4tfmar,—ffe e- a*&a -n!mal wastes fecal coliform. There are many -Ppotential 48 sources of fecal bacteria, such as inelude municipal sewage treatment plants, on -site sewage 49 systems, boat waste, farm animals, pets, and wildlife. Since 1995, valuable shellfish beds in 50 Portage Bay and Drayton Harbor have been downgraded (harvest prohibited) due to non - 51 point pollution impacting recreational, tribal, and commercial harvesting." 52 53 The motion was seconded. Special Committee of the Whole, 7/12/2016, Page 8 1 2 Councilmembers discussed whether they need to identify the sources of bacterial 3 contamination. 4 5 Brenner amended her motion, "...bacterial contamination, - ...,.,e,..lated with -"mar, 6 sewage an - afjf- naI- -wost-es. There are many potential sources...." 7 8 The motion carried by the following vote: 9 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6) 10 Nays: Donovan (1) 11 12 Brenner moved to amend Comprehensive Plan page 11 -37, lines 37 -39, "Srewth 13 Development and urbanization of the land base have and may continue to " impese a risk to 14 result in the degradation and reduction of natHFal systengs ecosystem functions. Wetlands 15 and estuaries continue to be lost incrementally." 16 17 The motion was seconded. 18 19 The motion carried by the following vote: 20 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 21 Nays: None (0) 22 23 Sidhu moved to amend Comprehensive Plan page 11 -38 to delete lines 9 -19, "Vle -Ry 24 stream syste„-s in W"ateem unty— haves -been aFt red by agFieHRUFe, ferestFy, 25 development, r'i FI-d f!60-' EentFOI pFactiees, to low stream flows, fishe;; ca --QSa 26 --It These aets can diFectly affect the 27 rAs4pit- e- s-plaw -F4R by- Fertrey iftg--I»Fees-t-hat 28 shade and coo' the , stabilizing banks, ultn9ent and 29 ester i -fish 30 f€FFw�; -fia rlk --,ofd f•m+g, -arnd a 31 Win_:_._:.; _he al ,_.__ewes _..__ e.,___ ._..e_:_.._...a_:_a_s, ._...eh life p__ges- -afea4ered 32 R c a, F Volume for other- out of 33 strA..m _ ... uses-." 34 35 The motion was seconded. 36 37 Councilmembers discussed whether the topic is adequately covered in other sections 38 of the plan, recent changes don't cause all the problems that are mentioned, and whether 39 the existing statement is true. 40 41 The motion failed by the following vote: 42 Ayes: Brenner and Sidhu (2) 43 Nays: Mann, Browne, Buchanan, Weimer and Donovan (5) 44 45 Brenner moved to amend Comprehensive Plan page 11 -38, line 20, new paragraph: 46 "Agriculture can enhance or restore ecosystems as undeveloped open spaces and 47 appropriate forestry practices can, and do in many cases provide shade and cool water for 48 salmon habitat and stabilize banks. With agriculture and forestry being so important to our 49 survival, it is imperative we acknowledge this in our environmental chapter." 50 51 The motion was seconded. 52 Special Committee of the Whole, 7/12/2016, Page 9 1 Councilmembers discussed whether the statement is accurate and not targeting the 2 agriculture and forestry industries. 3 4 Brenner amended her motion to amend Comprehensive Plan page 11 -38, line 20, 5 new paragraph, "Agriculture can e„hane^ OF Festere eeesyste s as u eioped- aigee 6 spaees and appropriate forestry practices can, and do in many cases provide shade and cool 7 water for salmon habitat and stabilize banks. With agriculture and forestry being so 8 important to our survival, it is imperative we acknowledge this in our environmental 9 chapter." 10 11 The motion failed by the following vote: 12 Ayes: Donovan, Brenner, and Sidhu (3) 13 Nays: Mann, Browne, Buchanan, and Weimer (4) 14 15 Brenner moved to amend Comprehensive Plan page 11 -38, lines 21 -26, "Finery, 16 the cultural value of funetiening ota-ts,, -i,wiufiiig- wet-�Hi-d.- and the fish d wilcHife they 17 ha bnFhas often beer�igflefed-- k+4a-n , 18 - Rawfal Fe eurees ferms a eentfal aspect, of n Ry --c-L- *u.r -es-4 i-rt -i ris-r-eg n .. Al s , the rneFe 19 presence of these ..zWfal--F+es itutes a earnmunity amenity that is a substantial 20 paFt 6f 0 ee-a4-- eeanerff s�-- Finally, a healthy and functioning ecosystem, including 21 forests, wetlands, fish, wildlife, and native plants they harbor, is an identified resource. A 22 healthy ecosystem supports diverse and abundant wildlife, fish, and plant populations, and is 23 necessary. The gathering of fish, game, and other natural resources forms a central aspect 24 of many cultures in Whatcom County. The mere presence of these natural resources 25 constitutes a community amenity that is a substantial part of our local economic base." 26 27 The motion was seconded. 28 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 Brenner moved to amend Comprehensive Plan page 11 -38, Policy 11L -1, "Define 34 a - identtf- y- h�ab,,T tp m ;ai eec -a s+sstain rble we r�f� +fe 35 that sup.pEwts fish and wildlife. Define and identify species, habitats, and habitat features 36 important to a balanced and sustainable web of life, biodiversity, and especially important to 37 fish, native plants, and wildlife. Create, and regularly update an Ecosystem Report." 38 39 The motion was seconded. 40 41 Cliff Strong, Planning and Development Services Department, stated a goal of the 42 Wildlife Advisory Committee staff person is to create an ecosystem report. 43 44 The motion carried by the following vote: 45 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 46 Nays: None (0) 47 48 Brenner moved to amend Comprehensive Plan page 11 -38, Policy 11L -2, "Develop 49 and adopt programs that protect habitats essential to the conservation of species that have 50 been identified as endangered, threatened, or sensitive by the state or federal government 51 as well as habitats identified as necessary in the Ecosystem Report. These programs should 52 maintain and encourage restoration of habitat conditions for listed species of concern, as Special Committee of the Whole, 7/12/2016, Page 10 1 well as habitats identified as having significant biodiversity, connectivity and other important 2 features and functions." 3 4 The motion was seconded. 5 6 The motion carried by the following vote: 7 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 8 Nays: None (0) 9 10 Councilmembers discussed whether they need to define what should be included in 11 the ecosystem report. 12 13 Brenner moved to amend Comprehensive Plan page 11 -38, Policy 11L -3, "Develop 14 and - adept PFe g Fan9S that p-r-ev4de incentives for t-he protection of environmentally fragile 15 areas or critical plant and wildlife habitats afrd-c-ef4der-s as well as habitats that provide 16 connectivity (corridors)." 17 18 The motion was seconded. 19 20 The motion carried by the following vote: 21 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 22 Nays: None (0) 23 24 Brenner moved to amend Comprehensive Plan page 11 -39, Policy 11L -7, "Promote 25 voluntary fish and wildlife habitat enhancement projects through educational and incentive 26 programs, such as purchase of development rights or habitat conservation easements. These 27 projects, which can be done by individuals, organizations, and businesses, sheuld will buffer 28 and expand fish, plant, and wildlife habitat." 29 30 The motion was seconded. 31 32 The motion carried by the following vote: 33 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 34 Nays: None (0) 35 36 Brenner moved to amend Comprehensive Plan page 11 -39, Policy 11L -8, "Give 37 careful consideration to the siting of industrial, commercial, residential, and other land use 38 designations when located near important marine, terrestrial, or other critical habitats." 39 40 The motion was seconded. 41 42 The motion carried by the following vote: 43 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 44 Nays: None (0) 45 46 Brenner moved to amend Comprehensive Plan page 11 -39 to create a new policy, 47 "11L -14: Consider the value of wildlife populations in land use decisions that may impact 48 them, their associated habitats, and connectivity." 49 50 The item was seconded. 51 52 Strong suggested language, "Consider the value of wildlife populations, their 53 associated habitats, and connectivity in land use decisions that may impact them." Special Committee of the Whole, 7/12/2016, Page 11 1 2 Brenner accepted the suggestion from Mr. Strong and restated and amended the 3 motion to amend Comprehensive Plan page 11 -39 to create a new policy, "11L -14: Continue 4 to consider the value of wildlife populations, their associated habitats, and connectivity in 5 land use decisions that may impact them." 6 7 The motion carried by the following vote: 8 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 9 Nays: None (0) 10 11 Weimer moved to amend Comprehensive Plan page 11 -39 to create a new policy, 12 "11L -15: Mitigation to Habitat Conservation Areas should be tracked and monitored to 13 ensure no net loss to natural area." 14 15 The motion was seconded. 16 17 Councilmembers discussed to what level staff does any wildlife habitat monitoring, 18 what the cost may be to do such monitoring, including it in the critical areas ordinance, 19 whether the policy should include wetlands mitigation, and how habitat conservation areas 20 are designated. 21 22 Strong answered questions. 23 24 Brenner moved to table to get more information. The motion to table was not 25 seconded. 26 27 The motion carried by the following vote: 28 Ayes: Mann, Browne, Buchanan, Weimer and Donovan (5) 29 Nays: Brenner and Sidhu (2) 30 31 Weimer moved to amend Comprehensive Plan page 11 -39 to create a new policy, 32 "11L -16: Monitor Habitat Conservation Areas to obtain a baseline of current conditions and 33 to ensure no net loss and avoidance of cumulative impacts." 34 35 The motion was seconded. 36 37 The motion carried by the following vote: 38 Ayes: Mann, Browne, Buchanan, Weimer and Donovan (5) 39 Nays: Brenner and Sidhu (2) 40 41 Brenner moved to amend Comprehensive Plan page 11 -40, Goal 11M, "Protect and 42 enhance igatural systems ecosystems that support native fish, plant, and wildlife populations 43 and habitat." 44 45 The motion was seconded. 46 47 The motion carried by the following vote: 48 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 49 Nays: None (0) 50 51 Sidhu moved to amend Comprehensive Plan page 11 -40, Policy 11M -2, "Protect aftd 52 enhance significant fish spawning and rearing habitat, food resources, refugia (shelter), and 53 travel passages." Special Committee of the Whole, 7/12/2016, Page 12 1 2 The motion was seconded. 3 4 Councilmembers discussed whether they are asking the County or citizens to do the 5 protection and enhancement, removing debris that blocks culverts, and whether or not the 6 County could compel citizens to provide enhanced fish habitat. 7 8 Sidhu amended his motion to amend Comprehensive Plan page 11 -40, Policy 11M- 9 2, "Support the protection and enhancement of Preteet and eRhan G significant fish 10 spawning and rearing habitat, food resources, refugia (shelter), and travel passages." 11 12 The new 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 Brenner moved to reconsider the motion to amend Comprehensive Plan page 11- 19 40, Goal 11M, "Protect and enhance natural systeffis ecosystems that support native fish, 20 plant, and wildlife populations and habitat." 21 22 The motion to reconsider was seconded. 23 24 The motion carried by the following vote: 25 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 26 Nays: None (0) 27 28 Brenner moved to reconsider the motion to amend Comprehensive Plan page 11- 29 40, Goal 11M, "Support the protection and enhancement of PFeteet and enha ee natuFa+ 30 systeFns ecosystems that support native fish, plant, and wildlife populations and habitat." 31 32 The motion was seconded. 33 34 Councilmembers discussed the broader goal of protecting and enhancing ecosystems. 35 36 The motion failed by the following vote: 37 Ayes: Brenner, Mann, and Browne (3) 38 Nays: Donovan, Sidhu, Buchanan, and Weimer (4) 39 40 Sidhu moved to amend Comprehensive Plan page 11 -40, Policy 11M -10, "Encourage 41 landowners to voluntarily protect surface water quality with filter strips or other appropriate 42 water cleansing mechanisms installed between lawns, landscaping, livestock pens, or 43 agricultural fields and waterbodies." 44 45 The motion was seconded. 46 47 Councilmembers discussed whether there are any non - voluntary efforts. 48 49 Strong answered questions. 50 51 The motion carried by the following vote: 52 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 53 Nays: None (0) Special Committee of the Whole, 7/12/2016, Page 13 1 2 Brenner moved to amend Comprehensive Plan page 11 -41, Policy 11M -11: 3 4 Formulate and implement a comprehensive,_ landscape - based, environmental 5 management program to protect fish and wildlife. The program should include 6 the following: 7 1. Formulate an administrative approach to the review of development 8 and planning proposals that consider natural system policies.. 9 2. Investigate and develop programs for acquisition and restoration of 10 important fish, plant, and wildlife habitat areas.. --, 11 3. Work cooperatively with local, state, and federal jurisdictions and 12 departments (such as the Department of Natural Resources, 13 Department of Fish and Wildlife, and Department of Ecology), tribal 14 entities, local jurisdictions, organizations, and individuals for the 15 purpose of developing and entering into cooperative agreements with 16 State and Federal agencies and neighboring jurisdictions €ems the 17 ptrpes&-ef to identifyi g and protect+ffg natHFal systengs ecosystems...; 18 4. Identify and map important habitat corridors and connectivity 19 throughout the county...; and 20 5. Support the development of educational materials which lists, 21 describes, and characterizes the appropriate use of native vegetation 22 to enhance natural systems ecosystem functions in Whatcom County. 23 24 The motion was seconded. 25 26 Councilmembers discussed whether the proposed new language in item three 27 duplicates the existing language in item three. 28 29 Brenner amended her motion: 30 Formulate and implement a comprehensive,_ landscape - based, environmental 31 management program to protect fish and wildlife. The program should include 32 the following: 33 1. Formulate an administrative approach to the review of development 34 and planning proposals that consider natural system policies.. -� 35 2. Investigate and develop programs for acquisition and restoration of 36 important fish, plant, and wildlife habitat areas.. -." 37 3. Develop and enter into cooperative agreements with State and Federal 38 agencies and neighboring jurisdictions fer-- the - purpose of to identifyt g 39 and protecttffg natWal systeFAs ecosystems...; 40 4. Identify and map important habitat corridors and connectivity 41 throughout the county...; and 42 5. Support the development of educational materials which lists, 43 describes, and characterizes the appropriate use of native vegetation 44 to enhance natural systengs ecosystem functions in Whatcom County. 45 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 moved to amend Comprehensive Plan page 11 -41, Policy 11M -13, 51 "Diligently work to prevent and /or reduce the establishment and /or the spread of invasive 52 species." 53 Special Committee of the Whole, 7/12/2016, Page 14 1 The motion was seconded. 2 3 The motion carried by the following vote: 4 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 5 Nays: None (0) 6 7 Brenner moved to amend Comprehensive Plan page 11 -41 to create a new policy, 8 "11M -15: Participate in protection and improvement of biodiversity." 9 10 The motion was seconded. 11 12 The motion carried by the following vote: 13 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 14 Nays: None (0) 15 16 Brenner moved to amend Comprehensive Plan page 11 -41 to create a new policy, 17 "11M -16: Consider establishing important habitat areas as sending areas after creating a 18 voluntary, workable transfer of development rights (TDR) program." 19 20 The motion was seconded. 21 22 Councilmembers discussed whether the habitat areas would have to be sent to 23 another habitat sending area and whether the County can provide more development rights 24 than the zone allows if the owner agrees to clustering. 25 26 Personius answered questions. 27 28 The motion carried by the following vote: 29 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 30 Nays: None (0) 31 32 Donovan moved to amend Comprehensive Plan page 11 -43 to create a new policy 33 and renumber subsequent policies, "11N -6: Mitigation of wetlands should be reviewed and 34 tracked over time to ensure no net loss of wetland function." 35 36 The motion was seconded. 37 38 The motion carried by the following vote: 39 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 40 Nays: None (0) 41 42 Weimer moved to amend Comprehensive Plan page 11 -43 to create a new policy, 43 "11N -9: A baseline of wetland ID and function should be made to track and prevent net loss 44 and avoid cumulative impacts." 45 46 The motion was seconded. 47 48 The motion carried by the following vote: 49 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) 50 Nays: None (0) 51 Abstains: Brenner (1) 52 Special Committee of the Whole, 7/12/2016, Page 15 1 Brenner moved to amend Comprehensive Plan page 11 -42, lines 6 -10, "Wetlands 2 are crucial environmental features in Whatcom County. s-artd 3 tinprod -u Re land now knower that — Wetlands provide invaluable functions in aquifer 4 recharge, groundwater storage, floodwater detention, pollutant removal and purification of 5 water supplies, as well as provision of fish and wildlife habitat." 6 7 The motion was seconded. 8 9 Councilmembers discussed whether they need to include this type of historical 10 information. 11 12 The motion carried by the following vote: 13 Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6) 14 Nays: Browne (1) 15 16 Sidhu moved to amend Comprehensive Plan page 11 -42, lines 10 -12, "Loss of 17 wetlands has been due to many factors ifrc-�ud fg bi-Fvi-z�at€ar , i-- EE�- 4arg -e- deg-- ree -t-e 18 agficu tutal development and alss-ac4a-t -e" Jeets, especially urbanization." 19 20 Donovan suggested language, "Loss of wetlands has been due to many factors, 21 including urbanization, agricultural development, and associated drainage projects." 22 23 Councilmembers discussed emphasizing urbanization and de- emphasizing agricultural 24 impacts. 25 26 The motion was seconded.. 27 28 The motion failed by the following vote: 29 Ayes: Brenner (1) 30 Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) 31 32 Donovan moved to amend Comprehensive Plan page 11 -42, lines 10 -12, "Loss of 33 wetlands has been due to many factors including urbanization, and to— -43 degree 34 agricultural development, and drainage projects." 35 36 The motion was seconded. 37 38 The motion carried by the following vote: 39 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 40 Nays: None (0) 41 42 Brenner moved to amend Comprehensive Plan page 11 -44, Goal 110, "Protect and 43 enhance marine ecosystems and resources in Whatcom County." 44 45 The motion was seconded. 46 47 The motion carried by the following vote: 48 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 49 Nays: None (0) 50 51 Brenner moved to amend Comprehensive Plan page 11 -45; Policy 11P -2: Restore 52 degraded waters within the drainage basins of shellfish growing areas to a level that 53 allows /supports shellfish harvesting by work with the Department of Ecology, Tribes, Special Committee of the Whole, 7/12/2016, Page 16 Department of Health, 'Department of Fish and Wildlife, and affected property owners to improve water quality." 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 moved to amend Comprehensive Plan page 11 -7, Policy 11A -4, "Manage designated Critical Areas (EGAs) as needed as needed to minimize or protect against environmental degradation and reduce the potential for losses to property and human life." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, and Weimer (4) Nays: Mann and Buchanan (2) Absent: Donovan out of the room (1) Brenner moved to amend Comprehensive Plan page 11 -8, line 38, through page 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. Conflicting regulations and complicated administrative processes can create undue hardship on community members and result in reduced levels of environmental protection. RegulatOFY inspection and enfeFeement ef enviFenmental re tr+at-iens - are The combination of complem regulatiens euFrently and lack ad .�..�R� T., � ,+enr #¢ tie —Fed - e Lek- of -mod es t violations, and ultimately to environmental deterieratien." The motion was seconded. The motion failed by the following vote: Ayes: Brenner and Donovan (2) Nays: Mann, Browne, Buchanan, Sidhu and Weimer (5) Brenner moved to amend Comprehensive Plan page 11 -11, lines 29 -30, "Higher winter streamflow in rain -fed river basins .,.-..shin- in ^..,,•.ring floods that negatively affee sa4+rft&n--papt fvs if winter precipitation and n en- sr=�ew-evefvts increases in the future as projected." The motion was seconded. The motion failed by the following vote: Ayes: Brenner and Sidhu (2) Nays: Mann, Browne, Buchanan, Weimer and Donovan (5) Brenner moved to amend Comprehensive Plan page 11 -12, beginning on line four: "In 2007, Whatcom County completed a Climate Protection and Energy Conservation Action Plan that laid out specific actions and targets for reducing greenhouse gas emissions and increasing energy conservation efforts in response to potential climate change. Increase research and implementation Special Committee of the Whole, 7/12/2016, Page 17 1 of desalination with many other coastal communities to potentially provide 2 more potable water and offset the impacts of climate change. 3 4 In addition many insurance industry experts are now factoring in the costs of 5 climate change into insurance premiums as the increase in the frequency and 6 severity of extreme weather events around the world results in a 7 corresponding increase in claims costs. 8 9 Local government, residents and businesses must anticipate, as the 10 climate changes, more frequent and severe damage to private and public 11 infrastructure w+[ may occur. Maintenance costs and insurance premiums Farr 12 fie-- ex-p4eted to may increase accordingly." 13 14 The motion was seconded. 15 16 Councilmembers discussed whether they should implement desalination, how to 17 connect the impact of climate change with desalination, whether the County should research 18 and implement desalination without being a water purveyor, and whether climate change is 19 real. 20 21 Brenner amended her motion, "...1,eFeasa Collect research related to the 22 implementation of...." 23 24 The motion failed by the following vote: 25 Ayes: Brenner (1) 26 Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) 27 28 Sidhu moved to amend Comprehensive Plan page 11 -12, Policy 11D -1, "Whatcom 29 County's natural resource -based economic sectors, natural systems, water resources, 30 infrastructure, emergency management and public health all face piatent- ialiy Retewefk 31 climate change related risks in the future. The County should consider potential long -range 32 climate change implications into its on -going functional planning and implementation 33 actions." 34 35 The motion was seconded. 36 37 1 he motion carried by the following vote: 38 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 39 Nays: None (0) 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. Development should be regulated according to 46 the Critical Areas Ordinance." 47 48 The motion was seconded. 49 50 Councilmembers discussed future plans to address lahar issues. 51 52 Special Committee of the Whole, 7/12/2016, Page 18 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 Comprehensive Plan page 11 -18 to restore Policy 11F -5, 6 "Allow permitted uses t#ia-t-do net re u;, e human habitation, so long as probable adverse off - 7 site impacts to other properties or natural systems (those impacts resulting from the 8 interaction of the natural hazard and the proposed development) are minimized or 9 mitigated. Probable adverse impacts should be prevented or avoided in habitats of state or 10 federally listed sensitive plant and animal species." 11 12 The motion was seconded. 13 14 Personius stated delete this policy, because it acts as if it is a regulation. 15 16 Brenner withdrew her motion. 17 18 Councilmembers discussed the need for a local water bank. 19 20 (The Committee continued to amend the Chapter at the end of the meeting.) 21 22 23 COMPREHENSIVE PLAN APPENDICES 24 25 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON THE FOLLOWING 26 COMPREHENSIVE PLAN APPENDICES (AB2016- 047L): APPENDIX A, 27 GLOSSARY; APPENDIX B, ACRONYMS; APPENDIX C, COUNTYWIDE 28 PLANNING POLICIES; APPENDIX D, BIBLIOGRAPHY; APPENDIX E, WC 20 29 YEAR CAPITAL FACILITIES PLAN; APPENDIX F, SIX -YEAR CAPITAL 30 IMPROVEMENT PROGRAM; APPENDIX G, WATER RESOURCES & SALMON 31 RECOVERY (DELETING TRANSPORTATION IMPACT FEE BACKGROUND 32 INFORMATION AND REPLACING WITH A NEW APPENDIX G RELATING TO 33 WATER RESOURCE AND SALMON RECOVERY PROGRAMS, WHICH WILL BE 34 DISCUSSED WITH CHAPTER 11, ENVIRONMENT); APPENDIX H, AIRPORT 35 OVERLAY ZONES; APPENDIX I, IMAGINARY SURFACES 36 37 Appendix A 38 39 Brenner moved to amend Comprehensive Plan Appendix A, page A -1, "Cluster 40 Development: Cluster Development provides the flexibility to maintain open space and plan 41 around distinctive site features or constraints. by eClustering development on smaller lots 42 than conventional development creates a reserve tract, while maintaining the same overall 43 density. As a result, an undeveloped tract is created, while maintaining the same overall 44 density." 45 46 The motion was seconded. 47 48 The motion carried by the following vote: 49 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 50 Nays: None (0) 51 52 Personius answered questions on the difference between legal lots of record and tax 53 lots that have been divided. Special Committee of the Whole, 7/12/2016, Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Brenner moved to amend Comprehensive Plan Appendix A, page A -6, "Natural Resource Lands: Natut a4- Re5at+Fee Lands a including agricultural, forestry, and mineral resource lands that are not already characterized by urban growth and that have long -term significance for the commercial production of food or other agricultural products, for the commercial production of timber, aprd or that have long -term significance for the extraction of minerals." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Councilmembers discussed whether there can be subdivisions of local government and whether public utilities are subdivisions of local governments. Mann moved to approve proposed amendment items nine through 37, which concern comma use, capitalization, and other grammatical changes. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Appendix B Councilmembers discussed the list of acronyms. Personius answered questions. Staff doesn't have any issue with including the items. Mann moved to approve the list of acronyms numbered 1 -33 on Council packet page 603 -604: 1. ADU Accessory Dwelling Unit 2. AG Agricultural zone 3. CF Commercial Forestry zone 4. CTAC Citizens' Transportation Advisory Committee 5. L &I Washington State Department of Labor and Industries 6. DOC Department of Corrections 7. DUI Driving Under the Influence 8. EIS Environmental Impact Statement 9. GC General Commercial Zoning 10. GM General Manufacturing Zoning 11. HII Heavy Impact Industrial Zoning 12. HUD United States Department of Housing and Urban Development 13. LID Local Improvement District 14. LII Light Impact Industrial Zoning 15. MW Megawatt 16. NC Neighborhood Commercial Zoning 17. R Rural Zoning 18. RC Rural Commercial Zoning 19. RF Rural Forestry Zoning Special Committee of the Whole, 7/12/2016, Page 20 1 20. RR -I Rural Residential - Island Zoning 2 21. RR Residential Rural Zoning 3 22. R2A Rural Zoning; 1 Unit / 2 Acres 4 23. R5A Rural Zoning; 1 Unit / 5 Acres 5 24. R10A Rural Zoning; 1 Unit / 10 Acres 6 25. SMAC Surface Mining Advisory Committee 7 26. SR9 State Route 9 8 27. SR547 State Route 547 9 28. SVCA Sudden Valley Community Association 10 29. TC Tourist Commercial Zoning 11 30. TDR Transfer of Development Rights 12 31. UR Urban Residential Zoning 13 32. WCC Whatcom Community College 14 33. WCCP Whatcom County Comprehensive Plan 15 34. WWU Western Washington University 16 17 The motion carried by the following vote: 18 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 19 Nays: None (0) 20 21 Appendix 22 23 Mann moved to amend Comprehensive Plan Appendix E, page E -11, "Maintain 24 Sheriff's Office adult corrections facilities and headquarters to provide a safe environment for 25 the community, staff and inmates... Existing facilities may be expanded, remodeled, and /or 26 new facilities developed in response to +aereastng changing need." 27 28 The motion was seconded. 29 30 The motion carried by the following vote: 31 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 32 Nays: None (0) 33 34 Mann moved to amend Comprehensive Plan Appendix E, page E -11, " "Future 35 Needs ": Most Sheriff's Office functions are currently based in the Public Safety Building 36 adjacent to the Courthouse and are remote from the majority of Sheriff's Office Bureau of 37 Law Enforcement and Investigative Services functions that take place in unincorporated 38 Whatcom County. This results in inefficiencies and delays. Space and design factors in 39 current facilities preclude consolidating various functions performed throughout the agency 40 (reception, finance, etc.) and result in redundancies. Because -is eesa existing 41 -Sher�#'s -Q f-see4aei "Resident 42 Oepdty pFe�ites), and ee 4eeated -en-_ r-e �e+4 43 44 The motion was seconded. 45 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 Mann moved to amend Comprehensive Plan Appendix E, page E -11, " "Capital 51 Projects and Funding ": A new or remodeled Sheriff's Headquarters facility, lee '^e ted with 52 t: fepesed- newJail ate , is proposed within the six -year planning Special Committee of the Whole, 7/12/2016, Page 21 1 period. he Sheriff' rs �Y asd �'s1st�� „ppr i telp- $19�i�a�►,— �; 2 bo.-. beds that would be r- -paW-- r-afn",t. I}e"Gene'Fa4-1'und;i „ 3 4 The motion was seconded. 5 6 Brenner suggested a friendly amendment, "...new, expanded, or remodeled....” 7 8 Mann accepted the friendly amendment. 9 10 Councilmembers discussed where a jail will be located and how much it will cost. 11 12 Personius stated include language about the location and cost. 13 14 Tyler Schroeder, Executive's Office, answered questions about location, cost 15 estimates, proposed funding sources, whether the amendment would be inconsistent with 16 the capital facilities plan, and whether there would be harm if this section were silent on 17 location and cost. 18 19 Mann amended his motion, " "Capital Projects and Funding ": A new, expanded, or 20 remodeled Sheriff's Headquarters facility;- c- e- ieeat-ed-- MIhrt" =P=_ed-AeVV-jail aH LaR&Li-nt-y 21 Rd— rn- Fernclale, is proposed within the six -year planning period. T-lie A new Sheriff's 22 Headquarters facility would cost approximately $19 million, paid with bond proceeds that 23 would be repaid from the General Fund." 24 25 The motion as amended was seconded. 26 27 Bill Elfo, County Sheriff, described planned efficiencies from co- locating the Sheriff's 28 Office services to reduce operational needs and costs. 29 30 The motion carried by the following vote: 31 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) 32 Nays: Brenner (1) 33 34 Mann moved to reconsider the motion to amend Comprehensive Plan Appendix E, 35 page E -11. 36 37 The motion to reconsider was seconded. 38 39 The motion to reconsider carried by the following vote: 40 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 41 Nays: None (0) 42 43 Mann moved to amend Comprehensive Plan Appendix E, page E -11, "Future 44 Needs ": Most Sheriff's Office functions are currently based in the Public Safety Building 45 adjacent to the Courthouse and are remote from the majority of Sheriff's Office Bureau of 46 Law Enforcement and Investigative Services functions that take place in unincorporated 47 Whatcom County. This results in inefficiencies and delays. Space and design factors in 48 current facilities preclude consolidating various functions performed throughout the agency 49 (reception, finance, etc.) and result in redundancies. Because of these issues, existing 50 Sheriff's Office facilities and associated functions will be consolidated (except for "Resident 51 Deputy" program facilities), and may be co- located en-the 9it�e- r rpeseeJ with the new 52 jail." 53 The motion was seconded. Special Committee of the Whole, 7/12/2016, Page 22 The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Mann moved to amend Comprehensive Plan Appendix E, page E- 12, "Maintain adequate facilities for daily emergency management activities and, during an emergency or disaster, for the emergency operations center. The facilities will provide sufficient space for activities relating to emergency /disaster planning, mitigation, response and recovery. Existing facilities may be expanded, remodeled, and /or new facilities developed in response to +eereasieg changing need." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Mann moved to amend Comprehensive Plan Appendix E, page E -13, "Maintain Sheriff's Office adult corrections facilities and headquarters to provide a safe environment for the community, staff and inmates. The number of jail beds in adult corrections facilities will be determined after review of multiple factors, including projected population growth, State sentencing laws, alternative programs, treatment diversion programs, early release programs, the need to separate violent inmates, the need to separate inmates by gender, the need to separate inmates by other classification considerations, average length of stay, peak inmate populations and available funding. Existing facilities may be expanded, remodeled, and /or new facilities developed in response to inereasing changing need." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Mann moved to amend Comprehensive Plan Appendix E, page E -13 at the bottom of page through the top of page E -14: - a _ °_ • f l 40 C W r G A a As an interim measure, existing correction facility improvements are planned so that these buildings can continue to function until the new or remodeled jail is completed. The cost of the improvements to the existing jail facilities is approximately $3,000,000, which would be paid from the Jail Improvement Fund and the General Fund." Councilmembers discussed whether the amendment creates a conflict with the capital facilities plan. Special Committee of the Whole, 7/12/2016, Page 23 1 2 Schroeder answered questions on the purpose of the capital facilities plan. 3 4 Mann amended his motion: 5 6 "In an effort to meet the community need, the County plans to construct a 7 new, expanded, and/or remodeled Adult Corrections Facility o- t- LaBettntt Rdr 8 in--F-ern'dale, tentatively sche ed te open with S21 b within the six -year 9 planning period. Akre time thisneev—ja4-4s epened, the effenders at -the 10 tfti-n security c_. , _..bons faei!'ty- -would be ..l.,c. ted to the— new4aeN 11 The cost of the pisapesed—n-ew jai4 Facility is approximately $112,000,000, 12 which weuld has been proposed to be paid for with bond proceeds that would 13 be repaid with new sales tax. 14 15 As an interim measure, existing correction facility improvements are planned 16 so that these buildings can continue to function until the new or remodeled 17 jail is completed. The cost of the improvements to the existing jail facilities is 18 approximately $3,000,000, which. would be paid from the Jail Improvement 19 Fund and the General Fund." 20 21 The motion was seconded. 22 23 The motion carried by the following vote: 24 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) 25 Nays: None (0) 26 Abstains: Brenner (1) 27 28 Mann moved to amend Comprehensive Plan Appendix E, page E -15, "Maintain 29 juvenile detention facilities and alternative corrections programs to provide safe and secure 30 methods to provide accountability and support for minors who break the law. Existing 31 facilities may be expanded, remodeled, and /or new facilities developed in response to 32 +easing changing need." 33 34 The motion was seconded. 35 36 The motion carried by the following vote: 37 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 38 Nays: None (0) 39 40 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE 41 PLAN CHAPTER 11, ENVIRONMENT (AB2016 -047K) 42 43 Donovan moved to approve a new policy, "111 -7: Encourage the Department of 44 Ecology to provide flexibility in the application of the water relinquishment rule simultaneous 45 with establishing a water bank /water exchange program in Whatcom County in cooperation 46 with stakeholders." 47 48 The motion was seconded. 49 50 Councilmembers discussed whether the amendment should encourage elimination of 51 the rule completely. 52 53 Special Committee of the Whole, 7/12/2016, Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 The motion carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: Brenner (1) OTHER BUSINESS The committee and staff discussed the Comprehensive Plan approval timeline. Buchanan announced the Committee of the Whole will meet again on Thursday, July 14, at 1:00 p.m. ADJOURN The meeting adjourned at 4:56 p.m. The COLlrlCll a15 roved these minutes on January 24, 2017. 0 CUUTI`iY�� • -�- -fir -E- Dana Brown - Davis, Council Clerk rarrrrry�,, Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barr uchanan, Council Chair Special Committee of the Whole, 7/12/2016, Page 25