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HomeMy WebLinkAboutSpecial Committee of the Whole July 5 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 WHATCOM COUNTY COUNCIL Special Committee of the Whole July 5, 2016 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 9:30 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. PUBLIC COMMENT 1. AUDIENCE MEMBERS ARE INVITED TO COMMENT SPECIFICALLY ON THE FOLLOWING WHATCOM COUNTY COMPREHENSIVE PLAN CHAPTERS: CHAPTER 1, GROWTH PROJECTIONS (A2016- 047A); CHAPTER 2, LAND USE (AB2016- 047B); CHAPTER 4, CAPITAL FACILITIES (AB2016- 047D); CHAPTER 8, RESOURCE LANDS (AB2016- 017H); CHAPTER 11, ENVIRONMENT (AB2016- 047K); APPENDICES (AB2016 -047L) Pam Brady, BP Cherry Point Refinery, submitted a handout (on file) and stated proposals to Chapter 2 regarding Cherry Point will have negative impacts. Limiting fossil fuel exports will limit competitiveness and reduce jobs. The public hasn't had enough time to consider and respond to the new proposals. Reject the proposal. John Mutchler, Ferndale Mayor, stated he is opposed to proposed changes to Chapter 2 regarding Cherry Point. The Planning Commission must consider such a substantive change, and there must be an environmental impact statement. The policy is a regulatory taking. The regulations in the County Code would be superseded by this. Cherry Point is necessary to the economy of Ferndale. Steve Mrazek, BP Cherry Point Refinery Environmental Superintendent, stated the new policy proposed for Chapter 2 prohibits, impairs, and impedes expansion and upgrades at the refinery. The last three expansions and upgrades responded to federal mandates to improve air quality and protect human health. Not all expansions and upgrades are harmful to the environment. Expansions and upgrades result in millions of dollars in investment in jobs to the community. Don't preclude environmentally - and economically - beneficial projects. They understand their responsibility to protect the environment when conducting business. Brad Owens, Northwest Jobs Alliance President, stated the recent proposals to change Chapter 2 regarding Cherry Point haven't had proper legal or Planning Commission review to make sure they're consistent with the Comprehensive Plan and other regulatory documents. It will kill jobs. Refer this to the Planning Commission for further review. Special Committee of the Whole, 7/5/2016, Page 1 1 Todd Taylor, Northwest Washington Building and Construction Trades Council 2 Executive Secretary, stated the impact of the policy changes to Chapter 2 regarding Cherry 3 Point will be detrimental to union members and the community. The public hasn't had 4 adequate time to review, consider, and provide feedback on the proposals. Refer this to the 5 Planning Commission for further review. 6 7 Kent Murray stated he is an employee of BP Cherry Point Refinery. He drives an 8 electric car. Their corporate culture is to maintain clean air, water, and land. Reconsider the 9 proposed changes. 10 11 Tony Larson, Whatcom Business Alliance President, stated the cost of housing is too 12 expensive given the median income in Whatcom County. The proposed changes to Chapter 2 13 regarding Cherry Point stop existing companies from expanding. They also stop development 14 of future businesses. County staff is prohibited from issuing permits for any facility, which 15 could mean anything, including the development of clean industry that does not require 16 access to a dock or the water. Any new potential manufacturer would not be permitted. This 17 will exacerbate the perception that Whatcom County is not a good place to do business. 18 Reject the proposals, or give them more time to consider the proposals. 19 20 Bob Aegerter, Sierra Club Mt. Baker, submitted a handout (on file). He stated the 21 proposal to amend Chapter 2 regarding Cherry Point seems to be intended to correct the 22 zoning at Cherry Point. He supports the proposal. Take more time to look at the proposal. 23 24 Chris Colon stated he is an employee at the BP Cherry Point Refinery. He has 25 concerns about the proposed changes to Chapter 2 regarding Cherry Point. Don't limit the 26 businesses at Cherry Point. The community will be drastically impacted. 27 28 Alex Ramel stated he supports the proposed amendments to Chapter 2 regarding 29 Cherry Point. The fourth pier at Cherry Point will never be built. The County's documents 30 should reflect that truth. Exporting raw materials is bad for jobs and creates risks for spills, 31 train derailments, pipeline ruptures, pollution, and explosions. There is no reward to 32 Whatcom County. The community has created a sustained movement of people who are very 33 concerned about fossil fuel exports through their homes. The proposal doesn't threaten 34 existing jobs. 35 36 Jeff Chalfant, BP Cherry Point Refinery Crude Unit Superintendent, stated the 37 proposed changes to Chapter 2 regarding Cherry Point are concerning. They threaten the 38 future of the refinery and related businesses. Cherry Point was identified as an area of 39 industrial development decades ago. Development has been done in an environmentally safe 40 and responsible manner. Consider the importance of Cherry Point jobs and how the 41 industries have been managed over the years. Allow full public participation in this decision. 42 43 Matt Krogh stated he supports the proposed amendments to Chapter 2 regarding 44 Cherry Point, which insure that remaining land supports the County's prosperity during the 45 transition to a clean economy by preventing expanded fossil fuel infrastructure. If the export 46 of crude oil is allowed and expanded, refineries will ship crude oil to offshore refineries, and 47 local jobs will be lost. The world is transitioning to cleaner energy sources. The proposed 48 changes will make Whatcom County benefit from a clean energy economy and affirms County 49 policy to support the three existing piers at Cherry Point. Development of a fourth pier is no 50 longer a reality. 51 Special Committee of the Whole, 7/5/2016, Page 2 1 Michael Nesteroff, attorney representing Petrogas West, LLC , submitted a handout 2 (on file). The proposed revisions to Chapter 2 regarding Cherry Point violate the Growth 3 Management Act and Shoreline Management Plan. He read from the handout. 4 5 Karlee Deatherage, ReSources for Sustainable Communities, stated she supports the 6 proposed changes to Chapter 2 and the narrative language regarding water. Regarding 7 Chapters 8 and 11 retain language so they do not extend this update process. 8 9 Rick Poitras, Pacific Northwest Regional Council of Carpenters, stated reject the 10 proposed changes to Chapter 2 regarding Cherry Point. They have not gone through the 11 Planning Commission. The businesses at Cherry Point provide good jobs to the community. 12 There needs to be legal review of constitutionality in terms of commerce and trade. 13 14 Lynn Murphy, Puget Sound Energy, stated she is concerned about the proposed 15 amendments to Chapter 2 regarding Cherry Point. Puget Sound Energy owns facilities at 16 Cherry Point that generate electricity for the area, as well as several other facilities around 17 the county. Consider any processes that make permitting onerous or difficult and that could 18 negatively impact future battery projects at Cherry Point. 19 20 Theresa Sygitowicz stated reject the amendments to Chapters 2, 8, and 11, and send 21 them to the Planning Commission. The assumptions are in error and the data would 22 supersede state and federal laws. Make sure all the well owners are notified. Hold public 23 hearings outside this office. 24 25 Pam Borso stated she supports the proposed amendments to Chapter 2 regarding 26 Cherry Point. Transition to renewable energy. Current jobs won't be affected. Consider the 27 rights of the Lummi Nation. She supports the new Aquatic Lands section. Amend references 28 from agricultural nutrients to manure, which contains pollutants as well as nutritive value. 29 Include regulations as well as incentives. Impacts from climate change aren't "potential." If 30 farmers are using water illegally, it is their responsibility to find legal solutions. Don't allow 31 illegal uses of water. 32 33 Sylvia Goodwin stated keep the record open today and give people more time to 34 consider and comment on proposed changes to Chapter 2 regarding Cherry Point. She is 35 concerned about the revision 12 on Council packet page 373, which is too broad in preventing 36 the expansion of any new or existing infrastructure. Get a legal opinion on policies that 37 prohibit expansion of oil or fuel distribution outside this state. Aviation fuel produced at 38 Cherry Point goes to Portland International Airport and SeaTac now. If implemented, that 39 can't continue. Whatcom County doesn't want a reputation in the economic development 40 community that it prevents business expansion. Also, there is already good language about 41 consulting with the Lummi Nation on archaeological issues. There is no need to blanket 42 prohibit facilities for clean manufacturing. 43 44 Edward Ury stated he supports the proposed amendments to Chapter 2 regarding 45 Cherry Point. They are consistent with existing State and federal laws and regulations, the 46 intent of the Growth Management Act, and recent rulings. They will not hinder existing 47 industry at Cherry Point. 48 49 Sandy Robson stated she supports the proposed changes to Chapter 2 regarding 50 Cherry Point. She referenced a letter with suggested changes she sent to the Council. BP 51 Cherry Point refinery wastewater treatment facility occasionally produces a very foul odor. 52 The industry impacts people who live in the area. 53 Special Committee of the Whole, 7/5/2016, Page 3 1 Chris Johnson, Labor Local 292 and Northwest Washington Central Labor Council Vice - 2 President, stated he is opposed to the proposed amendments to Chapter 2 regarding Cherry 3 Point. Give people adequate time to review and comment on the proposed changes. 4 5 Kathy Watson, Ferndale City Council Member, stated the language in the proposed 6 amendments to Chapter 2 regarding Cherry Point is too broad. Include scientific references. 7 Requiring the Prosecutor to provide twice weekly reports on Cherry Point seems unnecessary. 8 She is concerned about existing businesses. They need a balance between protecting 9 business and the environment. 10 11 Jeff Callender, Phillips 66, stated they are proud of their business and are good 12 stewards of the environment. There may be unintended consequences from the proposed 13 amendments to Chapter 2 regarding Cherry Point. They must be able to be flexible to market 14 changes. Allow sufficient time to consider proposed amendments. 15 16 Brooks Anderson stated she supports the proposed amendments to Chapter 2 17 regarding Cherry Point. The existing industry won't be impacted. 18 19 Katie Boczek stated allow more time to consider and review the proposed changes to 20 Chapter 2 at Cherry Point. Everyone must work together to make Whatcom County great. 21 22 23 COMPREHENSIVE PLAN CHAPTER 2 LAND USE 24 - 25 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE 26 PLAN CHAPTER 2, LAND USE (AB2016 -0478) 27 28 Mann thanked everyone for attending and commenting. He encouraged people to be 29 specific in their comments if the Council decides to allow more comment time, especially 30 regarding impacts to existing operations and businesses. 31 32 Brenner stated this should go to the Planning Commission. They must do a better job 33 involving the industries that may be impacted. Businesses must be able to grow and change 34 to survive. 35 36 Donovan stated the Council has not been able to talk about this until the Army Corps 37 of Engineers and State made their decisions a few weeks ago. There was no intent to hold 38 this until the last minute. Delay this decision and spend more time on it. If possible, 39 separate it from the Comprehensive Plan process. 40 41 Sidhu stated this is a process of adjusting to change. It's not useful to take things to 42 the extreme. BP is no longer owned by British Petroleum. Petroleum is not the only option 43 for energy. A transition to other energy sources will take time, especially if they resist it. 44 The petroleum industry should not remain stagnant, but should consider change. He does 45 not intend to shut down the industry. Take more time to consider the unintended 46 consequences. The councilmembers have open minds and appreciate all points of view. 47 48 Buchanan stated they need more time to consider the proposals. 49 50 Browne stated they must make thoughtful and informed decisions. Any changes 51 regarding Cherry Point will have an impact to those businesses. Recognize the business 52 relationships that exist among all the businesses. Shifting production volumes will have 53 regional economic impacts. He respects environmental concerns, but don't shift production of Special Committee of the Whole, 7/5/2016, Page 4 1 fossil fuels to developing nations with weaker environmental regulations. Consider fiscal 2 impacts. The Council can amend the Comprehensive Plan at any time, so there's no urgency 3 to get this done soon. The proper thing to do is to send this to the Planning Commission to 4 run it through all the normal processes. 5 6 Weimer moved to hold consideration until at least the next meeting on July 12, to 7 allow people and staff to consider changes and express concerns. 8 9 The motion was seconded. 10 11 Brenner stated she is opposed to the motion. It should go through the Planning 12 Commission and regular Comprehensive Plan process. 13 14 The councilmembers discussed the schedule and the proper process for moving 15 forward. 16 17 The motion carried by the following vote: 18 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) 19 Nays: Brenner (1) 20 21 (Clerk's Note: The Committee took a break from 11:30 to 11 :40 a.m.) 22 23 24 COMPREHENSIVE PLAN CHAPTERS, RESOURCE LANDS 25 26 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE 27 PLAN CHAPTERS, RESOURCE LANDS (AB2016 -047H) 28 29 Brenner moved to amend Comprehensive Plan page 8 -12, to create a new policy, 30 "8C -5: Develop and support more programs to promote ag- tourism and ag- education to 31 increase public awareness of the nutritional and economic value of agriculture and quality 32 food production." 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 Brenner moved to amend Comprehensive Plan page 8 -14, Policy 8D -7, "Ma-int-ain --aM 41 ^tee Help resolve conflicts associated with maintaining and enhancing fish habitat and the 42 necessary drainage work that is annually done by agricultural drainage districts, watershed 43 improvement districts, and landowners." 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 8 -15, Policy 8E -6, "Encourage the 52 maintenance and operation of drainage systems such that the actual and potential habitat Special Committee of the Whole, 7/5/2016, Page 5 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 and water quality impacts from such systems are minimized and agricultural uses remain viable." 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 8 -15 to create a new policy, "8E -10: Develop and implement education and incentive programs that encourage agriculture land owners to take steps to improve habitat of threatened and endangered species." 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 8 -15 to create a new policy, "8E -11: Support the Department of Agriculture in improving practices that avoid adverse impacts to the habitat of threatened and endangered fish and wildlife species and to marine waters that support shellfish resources." The motion was seconded. Councilmembers discussed identifying State and federal agencies in general, not specifically limiting it to the Department of Agriculture, which isn't the main agency that deals with fish and wildlife issues. Brenner amended her motion to amend Comprehensive Plan page 8 -15 to create a new policy, "8E -11: Support State and federal agencies the f ,4gr--ic�:€tr in increasing funding and improving practices that avoid adverse impacts to the habitat of threatened and endangered fish and wildlife species and to marine waters that support shellfish resources." The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Sidhu moved to amend Comprehensive Plan page 8 -15 to create a new policy, "8E- 12: While the regulation of water quality is important, the human need for production of food, fiber, shelter and energy by agricultural resource lands is equally critical." The motion was seconded. Councilmembers discussed the best place in the chapter for this kind of statement and making a new policy. Karin Baringer, Planning and Development Services Department, answered questions. Special Committee of the Whole, 7/5/2016, Page 6 Weimer suggested a friendly amendment to make it policy 8F -5 in the fish and wildlife section. Sidhu accepted the friendly amendment. Councilmembers suggested changes. Sidhu restated the motion to amend Comprehensive Plan to create a new policy in section 8F, "Recognize Wwhile regulation of water quality is important, the water hungan need for production of food, fiber, shelter and energy by agricultural resource lands is equally critical." The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Browne moved to amend Comprehensive Plan page 8 -15, line 46 through page 8 -16, line 3, "Agriculture uses a significant amount of water, most of which is pumped from wells or surface waters. Given the competition for scarce water supplies (addressed in Chapter 11, Environment, Water Resources), ways must be found to secure an adequate long -term water supply while reducing encouraging water usage conservation and improving water quality prior to it entering the waterways." 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 8 -20, line 41, to create a new paragraph, "Climate change has made our region vulnerable, especially in areas where there is conversion from commercial forestry to other uses that bring in more people. With more people there are increased wildfires, as well as insect infestations, and diseases. Well - managed, working forests do a better job of maintaining a healthy environment than other uses that attract more people. Commercial forests can be part of the answer to climate change by maintaining and replanting trees to replenish oxygen levels. Timber communities can produce locally- needed wood products and lower CO2. Additionally, many foresters are extremely good stewards because without trees, they wouldn't have jobs. Many of them live and work in the forest." The motion was seconded. Councilmembers discussed the scientific basis about replenishing oxygen levels and lowering COZ, that a well- managed working forest does a better job of maintaining a healthy environment than other uses, people causing insect infestation. Brenner moved to hold in Committee. The Committee concurred. (Clerk's Note: The Committee did not vote on the motion to hold in committee.) Brenner moved to amend Comprehensive Plan page 8 -31, lines 24 -28, "A sseeiated etivit-ies-- sueh,-- as—r-eek mss r- ealrly —T ease- the `.,dU Special Committee of the Whole, 7/5/2016, Page 7 1 atmosphere" expeken p peFty . e�e�� to l(eep 2 fAat k eests deti -.-Iff-a A -e 3 0 r site is Est --effeetK,,e." 4 5 The motion was seconded. 6 7 Councilmembers discussed whether they include language about the negative impacts 8 of resource lands on neighborhoods. 9 10 The motion carried by the following vote: 11 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6) 12 Nays: Weimer (1) 13 14 Brenner moved to amend Comprehensive Plan page 8 -32, Goal 8K, "Ensure mineral 15 extraction industries do not adversely affect the Ejual -W-19�-vrn- G-e- uffty= other 16 properties in the vicinity, by establishing appropriate and beneficial designation and resource 17 conservation policies, while recognizing the rights of all property owners." 18 19 The motion was seconded. 20 21 Councilmembers discussed whether they're worried about the property or the people 22 who live on the property. 23 24 Mann suggested a friendly amendment, "...other people and properties in the 25 vicinity...." 26 27 Brenner accepted the friendly amendment. 28 29 The motion carried by the following vote: 30 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6) 31 Nays: Weimer (1) 32 33 Brenner moved to amend Comprehensive Plan page. 8 -35, Policy 8L -5, "Encourage 34 mineral extraction operators in the county to voluntarily provide resource use information to 35 nearby landowners, and to develop a good neighbor policy. Support improved communication 36 and understanding between mineral resource landowners and the public through 37 mechanisms, such as voluntary mine management plans and community and educational 38 forums." 39 40 The motion was seconded. 41 42 Browne stated he does not support the motion, because it says the same thing as the 43 first sentence. 44 45 Brenner amended her motion to amend Comprehensive Plan page. 8 -35, Policy 8L- 46 5, "Encourage mineral extraction operators in the county to voluntarily provide resource use 47 information to nearby landowners, and to develop good neighbor policy-.--Si,+p-P8Ft improved rte,- rng between„ 49 th-F � Fneehanisms, such as voluntary mine management plans and community and 50 educational forums." 51 52 Browne moved to call the question. 53 Special Committee of the Whole, 7/5/2016, Page 8 The motion to call the question carried by the following vote: Ayes: Weimer, Mann, Sidhu, Browne, Buchanan, and Donovan (6) Nays: Brenner (1) The motion as amended carried by the following vote: Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6) Nays: Browne (1) Brenner moved to amend Comprehensive Plan page 8 -35 to create a new policy, "8L -6: Reduce potential conflicts between mining and incompatible activities by establishing /maintaining zoning regulations that protect productive mineral lands of long- term commercial significance from conversion to non - compatible uses." The motion was seconded. Councilmembers discussed defining the areas of mineral resource lands of long -term significance. Mark Personius, Planning and Development Services Department, stated there is already a policy in Chapter 8 to do a countywide mineral resource land (MRL) study. Brenner withdrew her motion. Weimer moved to amend Comprehensive Plan page 8 -45 to create a new section, with a change in language from "aquatic" to "marine" resource lands: Aquat+e Marine Resource Lands — Introduction Purpose This section contains policies to guide Whatcom County in the creation of a new section for this chapter to ensure the conservation of functioning aquatic marine resource lands of long -term commercial and recreational significance, and to ensure that both industries requiring functioning aquatic lands, and the cultural heritage that use of our aquatic lands represent, thrive in the years to come. GMA Requirements Goal 8 of the GMA (RCW 36.70A.020) guides the county to "Maintain and enhance natural resource based industries, including productive timber, agricultural, and fisheries industries." Aquatic lands have a clear nexus regarding maintenance of fisheries industries, including commercial and recreational shellfish harvest. While the GMA does not require specific designation of aquat+e marine resource lands that support aquatic based industries, functioning aquatic lands are so intrinsically necessary for production of historical fish and shellfish production that these lands are identified on our GMA required critical areas maps, shoreline inventory and analysis, and integral in the state /county approved 2008 Shoreline Restoration Plan. Issues, Goals, and Policies The following goals and policies apply to both designated and undesignated aquatic lands and are meant to help in the creation of this section to address the issues of conserving productive aquatic land and meeting the goals of the Growth Management Act. Special Committee of the Whole, 7/5/2016, Page 9 1 Goal 8S: Conserve and enhance Whatcom County's aquatic land base for the long - 2 term and sustainable production of commercial and recreational economic activities. 3 4 5 Policy 8S -1: Whatcom County Planning staff will work with the Marine Resource 6 Committee, the Shellfish Protection Advisory Committees, and other local aquatic 7 land experts to create a new section of this chapter to support goal 8S to be 8 docketed and processed for consideration no later than 2017. 9 10 The motion was seconded. 11 12 Personius suggested an amendment, "...the Planning Staff County will work with the 13 Marine Resources Committee...." 14 15 Weimer accepted the staff suggestion, "...the Plaigning St County will work with 16 the Marine Resources Committee...." 17 18 Brenner suggested a friendly amendment, "...will work with committees including, 19 but not limited to, the Marine Resources..... 20 21 Weimer accepted the friendly amendment. 22 23 The motion carried by the following vote: 24 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 25 Nays: None (0) 26 27 Brenner moved to amend Comprehensive Plan page 8 -1, lines 4 -9, "The growth and 28 harvest of farm products, re- generation and harvesting of timber, use of aquatic aquaculture 29 lands for shellfish harvest, and excavation of minerals all shape Whatcom County's landscape 30 and strongly influence the economy. Resource lands, which include agriculture, forestry, 31 aquatic-- reseuf s fisheries (RCW 36.70A.020) and mineral resource lands, also largely 32 represent Whatcom County's cultural heritage. These natural resource activities have been 33 major industries since European settlement began in the area, and the use of aquatie 34 aquaculture lands by our indigenous citizens far predates European settlement." 35 36 The motion was seconded. 37 38 Weimer suggested a friendly amendment to change "aquatic" and /or 39 "aquaculture" to "marine resource" except before the RCW citation. 40 41 Brenner accepted the friendly amendment. 42 43 Councilmembers discussed the differences between aquaculture and marine resource 44 lands. 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 8 -1, lines 12 -14, "This chapter 51 is divided into four sections: Agricultural Lands, Forest Resource Lands, Aquatie Marine 52 Resource Lands, and Mineral Resources." 53 Special Committee of the Whole, 7/5/2016, Page 10 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 approve the following items: Amend Comprehensive Plan page 8 -2, lines 7 -8, "The Agricultural Lands, Forest Resource Lands, Aq-u, t Aquaculture Resource Lands, and Mineral Resources sections of this chapter address Goal 8 of the GMA, which reads:..." Amend Comprehensive Plan page 8 -2, line 21 -30, "Identifying and designating productive resource lands also helps implement County -Wide Planning Policies directed towards agriculture, forestry, mineral resources, aqHatiE aquaculture industries and other natural resources. In addition, land use policies that encourage best management practices are included within this chapter to support and maintain a broad based economy of productive timber, agriculture, mineral and aquatic industries in a sustainable manner." Amend Comprehensive Plan page 8 -14 to create a new policy, "8D -8: Through a continuum of efforts moving from education to enforcement of regulations, that includes outreach, development of voluntary best practices, technical assistance, incentives, monitoring, and regulation, ensure that agricultural practices do not negatively impact aquatie aquaculture resource lands and critical areas." Amend Comprehensive Plan page 8 -14, Goal 8E, "Ensure agricultural practices avoid adverse impacts to the habitat of threatened and endangered fish and wildlife species and to aquatie aquaculture resource lands that support shellfish resources. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Sidhu moved to amend Comprehensive Plan page 8 -3, line 45, "Those lands designated Agriculture in the comprehensive plan are designated as Agricultural Lands of Long -Term Commercial Significance, as defined by GMA.- as agricultural lands that have Aries ftut -al is e – lentj-4ef -m rm a;— s4flff4cz nee-- carre Fm�f#= rehar et ed— ) -t. al.- is pringar 01 y devoted to th -Auczt,.E)n of f t e�r^�nr 2 land use. .a agfrEaf efluneerated in GW . , ea`pdf3f^ -kFC- 4@"" ria -E*WaEtefiSri- c5,ax- ir C` -}- term I "`nee a the �r"C.IFI I"yC -mil` � growing capacity, productivity, and soil composition of the land for long -term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land. (RCW 36.70A.030(10)." The motion was seconded. Councilmembers discussed whether this is a definition that should be in the glossary. 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, 7/5/2016, Page 11 1 Brenner moved to amend Comprehensive Plan page 8 -4, lines 44 -45, "Conserving 2 productive agricultural lands in rural areasr ,witheuC tnf-r4ng+Rg --a r+ghls; 3 without infringing on private property rights, is a primary objective of the APO." 4 5 The motion was seconded. 6 7 Councilmembers discussed future decisions between private property rights and 8 preserving agricultural land. 9 10 Browne suggested a friendly amendment, "...wA+Kwt- -iT,,; 4ng --on while 11 continuing to recognize statutory obligations of private property rights. 12 13 Brenner amended her motion, "..in rural areas while recognizing private property 14 rights,...." 15 16 Councilmembers discussed singling out specific rights. 17 18 The motion failed by the following vote: 19 Ayes: Brenner and Sidhu (2) 20 Nays: Mann, Browne, Buchanan, Weimer and Donovan (5) 21 22 Brenner moved to amend Comprehensive Plan page 8 -4, lines 44 -45, "Conserving 23 productive agricultural lands in rural areas, while acknowledging private property rights is a 24 primary objective of the APO." The motion was not seconded. 25 26 Sidhu moved to amend Comprehensive Plan page 8 -9, Policy 8A -3(d), "A majority of 27 the area is composed of agricultural operations, that- to 28 be eeonernieally viable-that have historically been and continue to be economically viable..." 29 30 The motion was seconded. 31 32 Councilmembers discussed what is economically viable. 33 34 Browne suggested a friendly amendment "...that were historically in agricultural 35 use prior to 1985." 36 37 Sidhu accepted the friendly amendment to amend Comprehensive Plan page 8 -9, 38 Policy 8A -3(d), "A majority of the area is composed of agricultural operations. that 39 histermea4ly been and- -eefrt-irme -te-be economically viable that were historically in agricultural 40 use prior to 1985." 41 42 Councilmembers continued to discuss alternative agricultural uses that don't 43 necessarily draw on good agricultural soil. 44 45 Personius answered questions about policies that affect long -term agricultural lands 46 and the rules of the U.S. Department of Agriculture (USDA), the actual number of agricultural 47 acres being preserved, and economically - viable land in 1985 versus today. 48 49 Weimer moved to called the question. 50 51 The motion to call the question carried by the following vote: 52 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) 53 Nays: Brenner (1) Special Committee of the Whole, 7/5/2016, Page 12 The motion carried by the following vote: Ayes: Mann, Sidhu, Browne, and Buchanan (4) Nays: Weimer, Brenner, and Donovan (3) Brenner moved to amend Comprehensive Plan page 8 -10, Policy 8A -4, "Support conservation of productive agricultural land by requiring the use of best management practices including soil and water conservation, livestock nutrient nutrient /manure management, etc." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Sidhu moved to amend Comprehensive Plan page 8 -10, Policy 8A -5, "Discourage conversion of productive agricultural land to inc-_orT-rpati -Me incompatible non - agricultural uses." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6) Nays: Weimer (1) Browne moved to amend Comprehensive Plan page 8 -9, Policy 8A -3, to add an item, °e. The majority of the area has access to adequate legal water rights." The motion was seconded. Councilmembers discussed the State's non - response to, farmers' applications for water rights, the difference between having adequate water and having legal water rights, and property with legal access to water being more valuable than property without legal access to water. Browne withdrew the motion. (Clerk's Note: Council took a break for lunch from 12 :35 to 1:35 p.m.) Brenner moved to amend Comprehensive Plan page 8 -30, line 36 through page 8 -31 C ZU AN 3 _ _ • C z - 0 i G A k If'lI1YAiE�Ii - Y _ E....xj'Ki -EEi' G Special Committee of the Whole, 7/5/2016, Page 13 These and +h., fa dim ate f distrust u`t nd hostility hP.Fx. �+�cr �E}— crcrn- rrcrr�vs- -arar� _ .. _ .. _ _ _ ... _ , _ � _ ..: , .. the ag- regate industiy- -aR"raej- e Other land uses may create conflicts with surface mining, if not zoned appropriately. If zoned appropriately, there is little chance of other uses being disturbed by usual mineral resource activities." The motion was seconded. The motion failed by the following vote: Ayes: Brenner (1) Nays: Browne, Buchanan, Weimer and Donovan (4) Absent: Sidhu (out of the room) and Mann (out of the room) (2) Brenner moved to amend Comprehensive Plan page 8 -31, lines 4 -9, ".R.-Vil-OnFaental issues asse6a er in- aets —aid dy -e FeGf7mati- ----R er „ate , wetlands and- wildli f enhanee Fi- tHrall land ef- provide -land feria u-sing, industrial eF ether uses. Surface mines, when reclaimed properly, can create wetlands, fish, and wildlife habitat, possible productive agricultural land, or provide land for parks, housing, industrial, or other uses. When not reclaimed properly, mines may create environmental issues, such as groundwater of aquifer impacts, and contamination or disruption of fish and wildlife habitat.” The motion was seconded. The motion failed by the following vote: Ayes: Brenner, Browne, and Donovan (3) Nays: Mann, Buchanan, and Weimer (3) Absent: Sidhu (out of the room) (1) Mann moved to reconsider Councilmember Brenner's motion to amend Comprehensive Plan page 8 -31, lines 4 -9. The motion to reconsider was seconded. The motion to reconsider carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6) Nays: Weimer (1) Brenner restated and amended her motion to amend Comprehensive Plan page 8- 31, lines 4 -9, "FaflviFe T p 1 i °sseei -ate' with s ...face r a y -_ er�-a ildl -if ft t Surface f ri-ne ell atmen can eate --w, 11and-s and fish - fd wi 4"I'll e- hab+ta-t1,--et bgogg atffietiltWal land, id - 4am4of parks ng, in lkrstfia�r other use Surface mines, when reclaimed properly, can eFeate enhance wetlands, fish, and wildlife habitat, possible productive agricultural land, or provide land for parks, housing, industrial, or other uses. When not reclaimed properly, mines may create environmental issues, such as groundwater of aquifer impacts, and contamination or disruption of fish and wildlife habitat." The motion carried by the following vote: Ayes: Sidhu, Brenner, Browne, and Donovan (4) Nays: Mann, Buchanan, and Weimer (3) Special Committee of the Whole, 7/5/2016, Page 14 Sidhu moved to amend Comprehensive Plan page 8 -11, line 14, "Agriculture is one of the most important resources in Whatcom County. Whatcom County works with farmers to ensure productive agricultural land and improved nutrient management practices help reduce potentially negative impacts on aquatic lands. Whatcom County is also strongly supported by agriculture fiscally with sales and jobs. ^ Mh -^`�V^ -aand u " The motion was seconded. The motion failed by the following vote: Ayes: Brenner and Sidhu (2) Nays: Mann, Browne, Buchanan, Weimer and Donovan (5) Sidhu moved to amend Comprehensive Plan page 8 -11, Policy 8B -6, "Bevefep Utilize a range of results- oriented, non - regulatory programs, options, and incentives, collaboratively developed and monitored by the County and landowners, that agricultural landowners can employ pegs rem and incentives e- s4-iewff t-s-- that to -which meet or exceed county environmental g-e� regulations." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6) Nays: Weimer (1) Donovan moved to reconsider Councilmember Sidhu's motion to amend the Agricultural Products Industry introductory language to Goal 8B, "Agriculture is one of the most important resources in Whatcom County. Whatcom County works with farmers to ensure productive agricultural land and improved nutrient management practices help reduce potentially negative impacts on aquatic lands. Whatcom County is also strongly supported by agriculture fiscally with sales and jobs. AgFoe..lt..m caffffi-etwoth ether —I rd - uses." The motion to reconsider was seconded. The motion to reconsider carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Buchanan restated the motion to delete the last sentence, "Agriculture is one of the most important resources in Whatcom County. Whatcom County works with farmers to ensure productive agricultural land and improved nutrient management practices help reduce potentially negative impacts on aquatic lands. Whatcom County is also strongly supported by agriculture fiscally with sales and jobs. Agr-icultu s." 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 8 -12, lines 38, "The Right -To- Farm Ordinance was created because agriculture is the priority use. Usual and accustomed farm activities create odors, dust, sprays, noise from farm machinery, etc. and are prioritized with the Right -To -Farm Ordinance. Agriculture may conflict with other land uses. Improper nutrient or manure management practices on agricultural land may impact the commercial and recreational use of aquatic lands miles away. Residents of non -farm housing adjacent to Special Committee of the Whole, 7/5/2016, Page 15 farms, and owners and patrons of nearby commercial uses, have complained of nuisances such as odors, dust, chemical sprays, and noise from machinery. Farm equipment, crops, and livestock may suffer from increased vandalism. In addition, non -farm residential development, particularly residential subdivisions, can raise assessed valuation or lead to special assessments on adjacent farmlands, resulting in higher property taxes for farmers. The same is true of commercial uses." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6) Nays: Donovan (1) Buchanan moved to amend Comprehensive Plan page 8 -14 to create a new policy, "8D -8: Ti+FetKfl:f Develop a continuum of efforts fnovonEt frefft including education to enf-e c.° en- t -of-fe Iations that dn- Eludes outreach development of voluntary best practices, technical assistance, and incentives, menoteLEng, a fL±gtg_trlatio-f�, to minimize impacts when conflicts arise between agriculture and other land u �- uses ����F^ _ €fir- aetfc- es -r~FQ not neqat'-ely lands . The motion was seconded. Councilmembers discussed why they are removing references to enforcement and monitoring. Sidhu restated the motion. The section should read, "Develop a continuum of efforts moving from education, outreach, development of voluntary best practices, technical assistance and incentives, and enforcement of regulations, to minimize impacts when conflicts arise between agriculture and other land uses." The motion carried by the following vote: Ayes: Sidhu, Browne, Buchanan, and Weimer (4) Nays: Mann, Brenner, and Donovan (3) Brenner moved to amend Comprehensive Plan page 8 -14, Goal 8E, "Work with agricultural land users to find efficient and effective cooperative ways to protect and improve habitat of threatened and endangered species through education and incentive programs. E4:�sur- a --a#t+ 'ets to the habitat f thr ed .1 wildlife �Fse-�rrrpsicr�cc� e�� ia-r– mrcvcci mac., sa i i �, C... .-.,.. ..la„ »al L�.-� a... ,. 6. ..�. F--� F:I., e,a�.r+ h L.ca a .:F ^rj E d—u i# - 'r-estefe —h abita� htTll'eateT1G - �Y7 -d- r1WuJ1ger�ed species th Fell !.gh ew-uea+ V11 S3.i !. incentive programs." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, and Buchanan (4) Nays: Weimer, Mann, and Donovan (3) Brenner moved to amend Comprehensive Plan page 8 -14, Policy 8E -2, "Provide assistance where necessary to ensure fencing of livestock away from rivers and streams to prevent livestock from degrading riparian and instream habitat and from polluting water quality. fir- evenl-4lvesteek --free deg Fad+n .,af-Ea•n-- a- Rd— iRstrea„ habitat by acing —hems mariagernent ae.a•e s f the ;.-ne' t ams-a­nd--SL+P-PoFt the provision a Special Committee of the Whole, 7/5/2016, Page 16 -•rt .c rc The motion was seconded. Beringer stated it's not always best practice to fence off rivers and streams from livestock, without proper maintenance. Staff prefers, "Prevent livestock from degrading riparian and instream habitat by using best management practices for the fencing of livestock from streams and support the provision of alternative watering systems." Brenner amended her motion, "Encourage fencing along rivers and streams to prevent livestock from degrading riparian and instream habitat, provide assistance where necessary to ensure fencing of livestock away from rivers and streams." The amended motion was not seconded. Sidhu moved to amend Comprehensive Plan page 8 -15, Policy 8E -5, "re gage rfria- y- -r-estofatior te-- Encourage voluntary restoration to properly functioning habitat conditions for those riparian areas and stream reaches that do not currently provide such habitat conditions t F,.,,teratie tech al „t-m-..ce and- inee ;t ves.” The motion was seconded. The motion failed by the following vote: Ayes: Browne, Brenner, and Sidhu (3) Nays: Mann, Buchanan, Weimer and Donovan (4) Sidhu moved to amend Comprehensive Plan page 8 -16, Policy 8F -1, "Actively participate in the WRIA 1 Watershed and Salmon Recovery Programs to ensure that the agricultural sector's needs, e„- as- -et terests, are addressed." �R The motion was seconded. Mann suggested a friendly amendment, "Actively participate in the WRIA 1 Watershed and Salmon Recovery Programs to-- ent;-e- that- -t-Iie agrieult al seeter's needs, as well irrt " en ^ "mod r_l rued . Sidhu accepted the friendly amendment. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Sidhu moved to amend Comprehensive Plan page 8 -16, Policy 8F -3, "Work to encourage the agricultural community's access to sufficient direct legal water rights and other sources of water are available for agricultural uses." The motion was seconded. Browne suggested a friendly amendment, "Work to encourage the agricultural community's access to sufficient d+reet legal water rights anf"ther sources of wateF aFe a`v- a+l -ad+e4&r—a-gfieu I t ri Ci I LI sC. =S . " Special Committee of the Whole, 7/5/2016, Page 17 1 Sidhu accepted the friendly amendment, he amended and restated the motion, 2 "Wef' e—e -nE UFage Support the agricultural community's access to sufficient EliFeet legal 3 water fights and t`" of ate 'r " 4 5 The motion carried by the following vote: 6 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 7 Nays: None (0) 8 9 Sidhu moved to eliminate Policy 8F -4 entirely. 10 11 The motion was seconded. 12 13 The motion failed by the following vote: 14 Ayes: Brenner and Sidhu (2) 15 Nays: Mann, Browne, Buchanan, Weimer and Donovan (5) 16 17 Browne moved to amend Comprehensive Plan page 8 -8, Policy 8A -2, to add a bullet 18 point: 19 Give priority in the PDR program to land with valid, adequate irrigation water 20 rights and physical access to water sufficient to sustain economically viable 21 irrigation based agriculture. 22 23 The motion was seconded. 24 25 Beringer stated they take water rights into consideration when ranking purchases of 26 develop rights (PDR) projects. Staff plans to review the ranking criteria for the program. 27 28 Councilmembers discussed staff reviewing the criteria used to rank properties in the 29 PDR program and valuing properties with valid water rights higher than properties without 30 valid water rights. 31 32 Browne amended his motion to amend Comprehensive Plan page 8 -8, Policy 8A -2, 33 to add a bullet point: 34 35 • Review the priority in the PDR program of land with irrigation water rights and 36 physical access to water. 37 38 The motion failed by the following vote: 39 Ayes: Donovan and Browne (2) 40 Nays: Brenner, Mann, Sidhu, Buchanan, and Weimer (5) 41 42 Sidhu moved to amend Comprehensive Plan page 8 -8, Policy 8A -2, to delete a bullet 43 point: 44 • Werking- cceepefatively wit local Farmers and ceefdanatiffig with lecal fl# sate 45 ages c es to address wateF qtu lity- impaets--ef- �-Fict+FtuFal wetly 4es --eT legal tree as nd 46 47 48 The motion was seconded. 49 50 The motion failed by the following vote: 51 Ayes: Brenner and Sidhu (2) 52 Nays: Mann, Buchanan, Weimer and Donovan (4) 53 Absent: Browne (out of the room) (1) Special Committee of the Whole, 7/5/2016, Page 18 1 2 3 COMPREHENSIVE PLAN CHAPTER 11, ENVIRONMENT 4 5 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE 6 PLAN CHAPTER 11, ENVIRONMENT (AB2016 -047K) 7 8 Donovan moved to amend to replace "natural systems" with "ecosystems" on the 9 following Comprehensive Plan pages: 10 11 • Page 11 -2, lines 9 -19, "...disrupt natural systeffis ecosystems and that ensure the 12 continuation of ..." 13 • Page 11 -2, lines 13 -16, "Natural Hazards, Water Resources, and 14 Ecosystems." 15 0 Page 11 -7, lines 13 -15, "... than willful action. Natural systengs Ecosystems are subtle 16 and complex." 17 • Page 11 -9, Policy 1113-3, "... the value of natUFal systems ecosystems and provide 18 the public..." 19 0 Page 11 -12, Policy 11D -1, "...economic sectors, natural systeffis ecosystems, water 20 resources...." 21 • Page 11 -16, lines 16 -17, "...unstable slopes and impact natUFal systems 22 ecosystems." 23 • Page 11 -16, lines 20 -23, "... downslope neighbors and natUFal systeFfls ecosystems at 24 risk ..." 25 0 Page 11 -16, lines 34 -36, "...damage to property, natLiFal systems ecosystems, and 26 sometimes...." 27 a Page 11 -17, Goal 11F, "...and degradation of ecosystems resulting 28 from...." 29 0 Page 11 -19, Policy 11F -11: "...adjacent properties or natural systeffis ecosystems 30 cannot be ...." 31 • Page 11 -38, Goal 11L, "Protect and enhance natUFal systems ecosystems, which 32 provide...." 33 0 Page 11 -39, Policy 11L -10, "Protect and enhance natHFal systems ecosystem 34 functions when flood...." 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 the following Comprehensive Plan pages 11 -33, lines 30- 43 40: 44 45 Natural Systems Ecosystems 46 47 Introduction 48 49 "wail- s tems" fefers to -lhe : 1, eie a developed 50 fFOM the geologic +rte �R!h ate,.m C....nty it i exudes fis+:- �d- Ml4l:fe, as well 51 divefs .,t. ti-e that has adapted-te a VaFiety of physical and e;;fat4c-eoii4itions 52 11 - m ea4-s--or-i _ _. e inte., e te- �, -evide 53 - . janve to county goveFnffient it assists citizens tr_ ef're tivel-y- rrrnage and Special Committee of the Whole, 7/5/2016, Page 19 enhance -these natural s;+stema and- enr..r s that the by.".- rtec ef4he Ecological systems, or ecosystems, refer to the natural systems that have developed within the geologic and geographic setting of Whatcom County. Whatcom County contains a significant number of distinct ecosystem types, with associated fish, wildlife, and plant species, as well as many other living organisms. This biodiversity has evolved and adapted according to the specific physical and climatic conditions of the county (Map 11 -2, Map 11 -3). Ecosystem goals and policies are intended to provide guidance to county government as it assists people to manage and protect these ecosystems. Additionally they ensure other benefits are maintained far into the future. 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 the following Comprehensive Plan pages 11 -3, lines 7 -12, "GMA Planning Goal 10, Environment' (RCW 36.70A.020(10)), provides the directive for much of this chapter. It requires Whatcom County to protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water.' In addition, some of the goals and policies of this chapter support Planning Goal 9, Open Space and Recreation' (RCW 36.70A.020(9)), which directs the county to 'conserve fish and wildlife habitat. "' 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 the following Comprehensive Plan pages 11 -3, lines 18 -22, "Specific policies address water, promoting inter - jurisdictional cooperation in conserving, protecting, and managing the water resource, and in reducing water pollution (CWPP Policies N.1 - 6). The CWPPs also support protecting wildlife habitat and corridors, natural drainage features, and 'other environmental, cultural and scenic resources. "' The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Donovan (6) Nays: None (0) Absent: Sidhu (out of the room) (1) Brenner moved to amend the following Comprehensive Plan pages 11 -5, lines 30 -32, "Every year salmon return to spawn in the streams and rivers of Whatcom County. Whatcom County is located within the Pacific Migratory Flyway and serves as a stopover and critical habitat area for many migratory birds. Bufflehead and goldeneye ducks winter here." The motion was seconded. Special Committee of the Whole, 7/5/2016, Page 20 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 The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Brenner moved to amend the following Comprehensive Plan pages 11 -5, lines 38 -43, " Whatcom County is home to a distinct subspecies of the Great Blue Heron, which +s has the third largest colony in the Puget Sound area. The wetlands, fields, streams, and nearshore habitat in the county support many birds of special concern, such as the bald eagle (E-SA threatened—protected under the Bald and Golden Eagle Protection Act), the pileated woodpecker (candidate for State thFeatened - listing), and the peregrine falcon (ESA m e. d candidate species)." 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 the following Comprehensive Plan pages 11 -6, lines 20 -23, "Development in the last 100 years has had a significant impact on the natural environment in Whatcom County. At the turn of the 20th century, tie some areas surrounding Lynden, Sumas, and Ferndale were logged, drained and converted to agricultural land and other types of 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) Brenner moved to amend the following Comprehensive Plan pages 11 -6, lines 31 -34, "There are designated lands in Whatcom County that can still accommodate development. Whatcom County also has areas that are sensitive to human activity, including (wetlands, streams, lakes, marine shorelines, and lands that can pose a hazard to the community, including ffloodplains and unstable slopes." 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 the following Comprehensive Plan pages 11 -7, Policy 11A- 6, "Aim to meet or exceed national, state, and regional air quality standards. Work with the Northwest Clean Air Agency to ensure compliance with applicable air quality standards." The motion was seconded. Councilmembers discussed the weak or lack of existing standards for certain pollutants. Special Committee of the Whole, 7/5/2016, Page 21 1 The motion failed by the following vote: 2 Ayes: Brenner and Sidhu (2) 3 Nays: Mann, Browne, Buchanan, Weimer and Donovan (5) 4 5 Sidhu moved to amend the following Comprehensive Plan pages 11 -8, Policy 11A -8, 6 "Lead and /or coordinate voluntary efforts with property owners, citizen groups, and 7 governmental and non - governmental agencies in furthering Whatcom County's environmental 8 goals and policies." 9 10 The motion was seconded. 11 12 Councilmembers discussed whether they should only coordinate voluntary efforts, not 13 other efforts. 14 15 The motion failed by the following vote: 16 Ayes: Brenner and Sidhu (2) 17 Nays: Mann, Browne, Buchanan, Weimer and Donovan (5) 18 19 Brenner moved to amend the following Comprehensive Plan pages 11 -8, line 42 20 through page 11 -9, line 2, "Regulatory inspection... and ultimately to environmental 21 deterioration. Thoughtful, comprehensible, and efficient regulations play an important part in 22 educating the public and protecting the environment." 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 Brenner moved to amend the following Comprehensive Plan pages 11 -9, Policy 116- 31 7, "Ensure regulations are as simple and easy to understand as possible and maintain 32 effective inspection, compliance, and enforcement measures as necessary." 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 Brenner moved to amend the following Comprehensive Plan pages 11 -10, lines 12- 41 15, "The problems that arise... community and on the property rights of other property 42 owners." 43 44 The motion was seconded. 45 46 Councilmembers discussed other rights that are affected, not just property rights. 47 48 The motion failed by the following vote: 49 Ayes: Brenner (1) 50 Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) 51 Special Committee of the Whole, 7/5/2016, Page 22 Sidhu moved to amend the following Comprehensive Plan pages 11 -10, lines 17 -20, "Land use decisions ... To that end, to the extent allowed by law, regulations should the law ngust protect the public good from detrimental private actions." The motion was seconded. Sidhu withdrew his motion. Brenner moved to amend the following Comprehensive Plan pages 11 -12, Goal 11D, "'Strengthen the ...responding and adapting to potential t*�e impacts of climate change." The motion was seconded. The motion failed by the following vote: Ayes: Brenner (1) Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Brenner moved to amend the following Comprehensive Plan pages 11 -12, Policy 11D -3, "Promote the efficient use, conservation, and protection of water resources, without infringing on anyone's water rights." The motion was seconded. Councilmembers discussed whether people would misinterpret the language in the amendment, and the number of exempt well owners. The motion failed by the following vote: Ayes: Brenner and Donovan (2) Nays: Mann, Sidhu, Browne, Buchanan, and Weimer (5) Mann moved to amend the following Comprehensive Plan pages 11 -13, New Policy 11D -6 to add a bullet point, "Recommend updates to Whatcom County land use policies and development regulations to support renewable energy development goals." 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 the following Comprehensive Plan pages 11 -13 to create a new policy, "11113-10: Create updates to Whatcom County land use policies and development regulations to support renewable energy development goals." 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 the following Comprehensive Plan pages 11 -14, lines 19- 30, "Flood Hazards - Heavy winter rains and... in the Abbotsford area of British Columbia. It Special Committee of the Whole, 7/5/2016, Page 23 1 is--p irzte d that lmii ^ ge• -w4' exaceFbate floe'+ng Flood risk is projected to increase, 2 due to increased...." 3 4 The motion was seconded. 5 6 Councilmembers discussed the difference between projections and predictions and 7 whether they should reference climate change. 8 9 Brenner amended her motion, "...area of British Columbia. It is predicted projected 10 that climate change will x ate-- fleeeling increase flood risk, due to increased sea level 11 and changes in rainfall patterns. Significant damage...." 12 13 The motion carried by the following vote: 14 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6) 15 Nays: Donovan (1) 16 17 Brenner moved to amend the following Comprehensive Plan pages 11 -14, lines 31- 18 35, "The presence of Mt. Baker ... also considered one of the most petent+ally active 19 volcanoes...." 20 21 The motion was seconded. 22 23 The motion carried by the following vote: 24 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 25 Nays: None (0) 26 27 Brenner moved to amend the following Comprehensive Plan pages 11 -18 Policy 11F- 28 2, "Use Best Available Science and data to research and investigate...." 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 Sidhu moved to amend the following Comprehensive Plan pages 11 -19 to delete 37 policy 11F -11. 38 39 The motion was seconded. 40 41 Brenner suggested a friendly amendment to keep the first sentence, with a change, 42 "Require applicants for development permits located in natural hazard areas to provide 43 development plans designed as much as possible to minimize the potential to exacerbate the 44 natural hazard as well as the risk of damage to property or threats to human health and 45 safety." 46 47 Cliff Strong, Planning and Development Services Department, stated this is about all 48 geo- hazard areas, not just lahars. Applicants have to show they won't exacerbate potential 49 problems. Also, the last sentence of the policy is from State regulations. The Planning 50 Commission is working on language about lahars and other areas. 51 Special Committee of the Whole, 7/5/2016, Page 24 Councilmembers discussed how counties issue permits in areas with geo- hazards, what language the Planning Commission is working on, and including the language for non - lahar areas. Sidhu withdrew the motion. Linda Twitchell, Building Industry Association, stated they could reference the Critical Areas Ordinance in the policy. Sidhu moved to amend Comprehensive Plan pages 11 -19 to amend policy 11F -11, "Require applicants for development permits... permanent or seasonal human habitation as described in the Critical Areas Ordinance." 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 the following Comprehensive Plan pages 11 -20, Policy 11F -12, "Once a set of risk levels have has been identified, propose these risk levels for adoption of legislation by the County Council as the level to which future development must be designed." 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 the following Comprehensive Plan pages 11 -21, lines 19- 23, "Surface water sources such as Lake Whatcom ... surface water for a variety of uses, including irrigation; and drinking water for livestock." 39: The motion was seconded. Councilmembers discussed the differences between agriculture and other uses. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Brenner moved to amend the following Comprehensive Plan pages 11 -21, lines 30- Groundwater is contained... replenished by rainwater, though some may contain water trapped during glacial periods. Aquifers are.... Rainfall that does not soak into the ground or evaporate is regarded as surface water and runs into drainage.... The motion was seconded. Special Committee of the Whole, 7/5/2016, Page 25 The motion failed by the following vote: Ayes: Mann, Brenner, and Sidhu (3) Nays: Browne, Buchanan, Weimer and Donovan (4) Brenner moved to amend the 11G -2, "Actively participate in and sup wR- h— thy- eoordi�rat4o f to coordinate integration and /or consistency between relating to the County." The motion was seconded. following Comprehensive Plan pages 11 -23, Policy port VVRIA 1-- ate�rshed --W i g efforts e i ocal, federal, tribal, and state agencies to achieve the various levels of environmental regulations The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Brenner moved to amend the following Comprehensive Plan pages 11 -24, Policy 11G -6, "Actively promote and... management actions. Specifically, research available data and create more data regarding desalination as a likely potable water source in the future to adapt to the impacts of climate change." The motion was seconded. Councilmembers discussed whether the County or the industry should do the research, whether there is a water shortage, the viability of water desalination, and including language on conservation. Brenner amended her motion, "Consider available data aldt ereate rneFe d� "^ regarding desalination as a likely potable water source in the future to adapt to the impacts of climate change. This information will be used by anyone who wants to work on creating a simpler and less expensive desalination plant." Browne moved to call the question. The motion was seconded. The motion to call the question carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None (0) Abstains: Brenner (1) Councilmember Brenner's motion failed by the following vote: Ayes: Brenner and Donovan (2) Nays: Mann, Sidhu, Browne, Buchanan, and Weimer (5) Brenner moved to amend the following Comprehensive Plan pages 11 -24, Policy 11G -7, "Pursue the most effective... Emphasis should shall be placed on non - regulatory approaches where possible and effective." The motion was seconded. Special Committee of the Whole, 7/5/2016, Page 26 1 The motion carried by the following vote: 2 Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) 3 Nays: Mann (1) 4 5 Brenner moved to amend the following Comprehensive Plan pages 11 -25, Policy 6 111-1-2, "Coordinate efforts... wildlife habitat while supporting adequate water for existing 7 agriculture prior to any efforts that would shut it down." Work with the agriculture 8 community to help them get adequate water. 9 10 The motion was seconded. 11 12 The motion failed by the following vote: 13 Ayes: Brenner and Sidhu (2) 14 Nays: Mann, Browne, Buchanan, and Weimer (4) 15 Absent: Donovan (out of the room) (1) 16 17 Brenner moved to amend Comprehensive Plan pages 11 -25, Policy 111-1-2, 18 "Coordinate efforts... wildlife habitat while advocating for adequate water for existing 19 agriculture." 20 21 The motion was seconded. 22 23 The motion carried by the following vote: 24 Ayes: Brenner, Mann, Sidhu, Browne, and Buchanan, (5) 25 Nays: Weimer (1) 26 Absent: Donovan (out of the room) (1) 27 28 Brenner moved to amend the following Comprehensive Plan pages 11 -26, Policy 29 111-1-4, "Support the implementation of local and state— ater -s-I=�e an, the 30 LLB , the Lake Whatcom Management Program, NPDES Phase II 31 Permitting, and the WRIA 1 Watershed Management Plan Prejeets." 32 33 The motion was seconded. 34 35 The motion failed by the following vote: 36 Ayes: Brenner and Sidhu (2) 37 Nays: Mann, Browne, Buchanan, and Donovan (4) 38 Absent: Weimer (out of the room) (1) 39 40 Brenner moved to amend the following Comprehensive Plan pages 11 -26 to create a 41 new policy, "11H -6: Monitor, prevent, and reduce the establishment of invasive species in 42 Whatcom County waterbodies." 43 44 The motion was seconded. 45 46 The motion carried by the following vote: 47 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6) 48 Nays: None (0) 49 Absent: Weimer (out of the room) (1) 50 51 Brenner moved to amend the following Comprehensive Plan pages 11 -26 to create a 52 new policy, "11H -8: Identify areas that require special protection such as wellhead 53 protection areas, critical aquifer recharge areas, and high - priority watersheds, and Special Committee of the Whole, 7/5/2016, Page 27 incorporate that knowledge into Comprehensive Plan goals and policies. This information shall be available to the public." The motion was seconded. Strong stated they've already done this work through the critical areas ordinance. Brenner withdrew her motion. Sidhu moved to amend the following Comprehensive Plan pages 11 -27, Policy 11I -2, "Maintain wee, when appropriate, natural drainage...." This is a suggestion from the farming community. The motion was seconded. Strong stated this policy has to do with more than the critical areas ordinance, such as road fund projects. The County can't require farmers to do enhancement. Councilmembers discussed whether or not they should add language that indicates the County will be responsible for maintaining and enhancing projects. Buchanan moved to call the question. The motion was seconded. The motion to call the question carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: Brenner (1) Councilmember Sidhu's motion failed by the following vote: Ayes: Brenner and Sidhu (2) Nays: Mann, Browne, Buchanan, Weimer and Donovan (5) Sidhu moved to amend the following Comprehensive Plan pages 11 -28, Policy 11I- 10, "Develop and administer regulations and incentives via WCC 16.16, the County's Critical Areas Ordinance, such that there is no net loss of ecological functions and values of regulated wetlands and fish and wildlife habitats." The motion was seconded. Strong stated other regulations may apply, in addition to the critical areas ordinance. The motion failed by the following vote: Ayes: Brenner and Sidhu (2) Nays: Mann, Browne, Buchanan, Weimer and Donovan (5) Brenner moved to amend the following Comprehensive Plan pages 11 -29, Policy 11I- 12 to add a new item, °7. Prioritize stormwater polluting areas and develop retrofits for areas most likely to impact sensitive waters." The motion was seconded. Special Committee of the Whole, 7/5/2016, Page 28 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 the following Comprehensive Plan pages 11 -30 to create a 6 new policy, "111 -4: Coordinate local water and land management efforts, plans, and data to 7 ensure adequate oversight of water quality and quantity issues." 8 9 The motion was seconded. 10 11 The motion carried by the following vote: 12 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 13 Nays: None (0) 14 15 Donovan moved to amend the following Comprehensive Plan pages 11 -30 to create 16 a new policy, "11J -5: Encourage commercial and agricultural water users to quantify water 17 use to promote conservation." They need to somehow gather data on water use. 18 19 The motion was seconded. 20 21 Councilmembers discussed the possibility of agricultural water metering inadvertently 22 causing farmers to lose water rights. 23 24 Donovan amended his motion, " -e h n d- agfi-cu ItUFal WateF users 25 "Quantify water use to promote conservation." 26 27 Weimer described past and current water use studies.. 28 29 The amended motion carried by the following vote: 30 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 31 Nays: None (0) 32 33 Donovan moved to amend the following Comprehensive Plan pages 11 -30 to create 34 a new policy, "111 -6: Utilize water use data to reward conservation and maintain availability 35 of water for agriculture and instream flow." 36 37 The motion was seconded. 38 39 Buchanan suggested a friendly amendment, "Utilize water use data to Fewer 40 encourage conservation and maintain availability of water for agriculture and instream flow." 41 42 Donovan accepted the friendly amendment. 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 Donovan moved to amend the following Comprehensive Plan pages 11 -30 to create 49 a new policy, with an addition, "Implement a plan with the Department of Ecology by 2025 to 50 measure and record commercial and agricultural water usage to reward conservation." Make 51 sure there are positive incentives. 52 Special Committee of the Whole, 7/5/2016, Page 29 1 Browne suggested a friendly amendment, ",Encourage the State to remove the water 2 relinquishment rule and implement a plan...." They need a lot of input from the agricultural 3 community. 4 5 Donovan stated he would table this motion until the next time this chapter is 6 discussed. 7 8 9 COMPREHENSIVE PLAN CHAPTER 4, CAPITAL FACILITIES 10 11 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE 12 PLAN CHAPTER 4, CAPITAL FACILITIES (AB2016 -047D) 13 14 Mann stated don't send the message to the public that expansion of facilities is the 15 only solution. 16 17 Browne moved to amend the following Comprehensive Plan pages: 18 19 • Page 4 -5, Goal 4D, "Develop and implement improvement ai=rd or expansion for 20 the...." 21 • Page 4 -5, Policy 4D -1, "Complete those capital... toz correct any space 22 deficiencies...." 23 • Page 4 -6, Policy 4D -2, "Maintain Sheriff's Office adult corrections... Existing 24 facilities may be paneled remodeled or new facilities developed in response to 25 ins easing changing need." 26 0 Page 4 -6, Policy 4D -3, "Maintain juvenile detention... Existing facilities may be 27 e3epaed remodeled or new facilities developed in response to +reasFr�g 28 changing need." 29 • Page 4 -6, Policy 4D -4, "Maintain adequate facilities... Existing facilities may be 30 e*par -tE" remodeled or new facilities developed in response to +rrereas+ 31 changing need." 32 33 The motion was seconded. 34 35 Brenner suggested a friendly amendment to amend all the items, "...expanded, 36 remodeled, and /or new facilities...." 37 38 Mann accepted the friendly amendment. 39 40 (Clerk's Note: Councilmember Browne made the motion to amend.) 41 42 The motion as amended carried by the following vote: 43 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 44 Nays: None (0) 45 46 Mann stated make sure the appendices are amended according to these changes. 47 48 49 COMPREHENSIVE PLAN CHAPTER_ I,- GROWTH PROJECTIONS 50 51 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE 52 PLAN CHAPTER 1, GROWTH PROJECTIONS (AB2016 -047A) 53 Special Committee of the Whole, 7/5/2016, Page 30 1 Browne moved to amend Comprehensive Plan Page 1 -5, line 33, to add a new 2 section: 3 4 Whatcom County Government 5 Whatcom County's mission statement is to "promote, enrich and enhance the 6 freedoms, opportunities, health and safety of its citizens. We will provide essential 7 and desirable public services in a cost effective and accountable manner. We will 8 conduct the public's business and treat all members of our diverse community in a 9 courteous and professional manner. We will provide vision, leadership and 10 responsiveness while addressing community issues and conducting the business of 11 the people. We will encourage community involvement in public issues while 12 protecting the rights of the individual and encouraging respect for diversity. We will 13 serve as an active catalyst for individuals and other entities to participate in 14 achieving a positive future for Whatcom County." 15 To those ends, the County is committed to good government through transparency, 16 robust public involvement and ongoing process and performance improvement." 17 18 The motion was seconded. 19 20 Brenner stated the second paragraph in the preamble is the same as the Goal. She 21 moved to amend the motion to remove the second paragraph. The motion to amend was not 22 seconded. 23 24 Councilmembers discussed the proper location of these proposed amendments in the 25 Comprehensive Plan and whether or not they should be more specific. 26 27 Brenner suggested a friendly amendment, "To- the5e ends, the County-45 28 ear ritted to Ensure good government through transparency...." 29 30 Browne accepted the friendly amendment. 31 32 The motion carried by the following vote: 33 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) 34 Nays: Brenner (1) 35 36 Browne moved to amend Comprehensive Plan Page 1 -5, line 33, to add a new goal, 37 "1A: Ensure that government activities, regulations and policies are transparent, accountable 38 and easy to understand." 39 40 The motion was seconded. 41 42 The motion carried by the following vote: 43 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) 44 Nays: Brenner (1) 45 46 Browne moved to amend Comprehensive Plan Page 1 -5, line 33, to add a new 47 policy, "1A -1: Integrate and simplify all documents using the "Federal Plain Language 48 Guidelines" available at www.plainlanguage.gov to make them more understandable and 49 user - friendly." 50 51 The motion was seconded. 52 53 Special Committee of the Whole, 7/5/2016, Page 31 The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Browne moved to amend Comprehensive Plan Page 1 -5, line 33, to add a new policy, "1A -2: Benchmark the County's performance against itself and other comparable jurisdictions. Develop and publish reports on key performance metrics." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Browne moved to amend Comprehensive Plan Page 1 -5, line 33, to add a new policy, "1A -3: Ensure all acronyms and abbreviations used in public documents have clearly defined and readily accessible explanations." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Browne moved to amend Comprehensive Plan Page 1 -5, line 33, to add a new policy, "1A -4: Maintain a user - friendly, intuitive, and helpful website." term. The motion was seconded. Councilmembers discussed amending to remove "intuitive" and its use as an industry Weimer moved to call the question. The motion was seconded. The motion to call the question carried by the following vote: Ayes: Sidhu, Browne, Buchanan, Weimer and Donovan (5) Nays: Mann and Brenner (2) The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Browne moved to amend Comprehensive Plan Page 1 -5, line 33, to add a new policy, "1A -5: Ensure public- facing documents are updated often to reflect changes to regulations and contact information. These documents must be present on the County website and cross - referenced appropriately so the public can easily find and access them." The motion was seconded. Councilmembers discussed the meaning of the term "public- facing" and which documents are the focus of the motion. Special Committee of the Whole, 7/5/2016, Page 32 1 2 Linda Twitchell, Building Industry Association, stated she suggests alternate language, 3 "Ensure forms, permits, applications, and similar documents readily available to the public 4 are updated often to reflect changes...." 5 6 Browne amended his motion to amend Comprehensive Plan Page 1 -5, line 33, to 7 add a new policy, "1A -5: Ensure forms, permits, applications, and similar documents are 8 readily available to the public and are updated to reflect changes to regulations and to 9 contact information. These documents should be present on the County website and cross - 10 referenced appropriately so the public can easily find and access them." 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 Browne moved to amend Comprehensive Plan Page 1 -5, line 33, to add a new 17 policy, "1A -6: Use technological tools, such as Geographic Information Systems (GIS), to 18 make information easily accessible to the public." 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 Browne moved to amend Comprehensive Plan Page 1 -5, line 33, to add a new 27 policy, "1A -7: Respond to inquiries from the public in a timely, professional, and courteous 28 manner." 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 Browne moved to amend Comprehensive Plan Page 1 -5, line 33, to add a new 37 policy, °1A -8: No rule, regulation, restriction or requirement shall be imposed en eeunty 38 emits by the County that is not embodied in the C— eunt-y Ged .. local, State, or Federal law." 39 40 The motion was seconded. 41 42 Councilmembers discussed whether any rule, regulation, restriction, or requirement 43 has ever been imposed when it's not in the Code or law. 44 45 The motion carried by the following vote: 46 Ayes: Mann, Sidhu, Browne, and Buchanan (4) 47 Nays: Brenner, Weimer, and Donovan (3) 48 49 50 Special Committee of the Whole, 7/5/2016, Page 33 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 COMPREHENSIVE PLAN' APPENDICES 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON THE FOLLOWING COMPREHENSIVE PLAN APPENDICES (AB2016- 047L): APPENDIX A, GLOSSARY; APPENDIX B, ACRONYMS; APPENDIX C, COUNTYWIDE PLANNING POLICIES; APPENDIX D, BIBLIOGRAPHY; APPENDIX E, WC 20 YEAR CAPITAL FACILITIES PLAN; APPENDIX F, SIX -YEAR CAPITAL IMPROVEMENT PROGRAM; APPENDIX G, WATER RESOURCES & SALMON RECOVERY (DELETING TRANSPORTATION IMPACT FEE BACKGROUND INFORMATION AND REPLACING WITH A NEW APPENDIX G RELATING TO WATER RESOURCE AND SALMON RECOVERY PROGRAMS, WHICH WILL BE DISCUSSED WITH CHAPTER 11, ENVIRONMENT); APPENDIX H, AIRPORT OVERLAY ZONES; APPENDIX I, IMAGINARY SURFACES This item was not discussed. OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 5:01 p.m. The Co, nRci1,Vpprgyed these min J IV ATTEST: 1 r n Dana l31own -Dia v 660 CClerW Jill Nixon, Minutes Transcription utes on January 24, 2017. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Bar y uchanan, Council Chair Special Committee of the Whole, 7/5/2016, Page 34