HomeMy WebLinkAboutSpecial Committee of the Whole September 20 2016WHATCOM COUNTY COUNCIL
Special Committee of the Whole
September 20, 2016
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 1:30 p.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.
1. INITIAL PRESENTATION OF THE WHATCOM COUNTY CRITICAL AREAS
ORDINANCE 2016 UPDATE (AB2016 -276)
Cliff Strong, Planning and Development Services Department, submitted and read
from the background section of a presentation (on file). He answered councilmembers'
questions about how best available science is peer- reviewed, whether any jurisdiction has
made decisions that deviated from best available science, how they will achieve certainty
that the County is protecting the functions and values of critical areas, economic
considerations when amending the critical areas ordinance, making sure failing septic
systems are repaired in the most economical way possible, reviewing the buffer and land
disturbance requirements for replacing a septic system, and whether the technical advisory
committee reviewed the most up -to -date best available science for all the chapters they
reviewed.
The following staff answered questions:
• Ryan Erickson, Planning and Development Services Department
• Erin Page, Planning and Development Services Department
• John Thompson, Public Works Department
• Mark Personius, Planning and Development Services Department
• Andy Wiser, Planning and Development Services Department
Strong continued the presentation on the overview of the global changes to the Code
and the more substantive changes. He answered questions on the Department of Ecology
wetland delineation manual and the minimum size of a regulated Class IV wetland of 1,000
square feet, the current buffer of a Class IV wetland, how to resolve problems on County
roads or on another person's property that are caused by beaver dams, and whether the
conditions imposed by the critical areas ordinance (CAO) apply also to the shoreline
management program (SMP).
Strong concluded the presentation on an overview of follow -up items. He answered
questions on disclaimer language for lahar areas, the new LiDAR data and other better
mapping systems, when the next LiDAR flyover is scheduled, whether there is a specific
budget for these potential follow -up actions, whether a lahar disclaimer on the title of a
property would allow people to develop their lot as they wish and exempt the County from
any liability, whether they need a wetland baseline and continuous monitoring in the context
Special Committee of the Whole, 9/20/2016, Page 1
1 of offset mitigation, the value of offsite mitigation, the impact on land capacity of buffers on
2 class IV wetlands in urban areas, considering a transfer of the right to reduce the buffer in
3 exchange for purchasing extra buffer land in another area, why the appendices were
4 deleted, the history of the channel migration zones, and the documentation showing how
5 well wetland protection measures have done in the past 25 years.
6
7 Linda Twitchell, Building Industry Association, spoke about reduction in the minimum
8 size for Class IV wetlands, which isn't mandatory. Get the best available science (BAS) that
9 the Department of Ecology used to show the value of the new minimum wetland size. Also,
10 consider mitigation in addition to protection. Folks in the Deming community are concerned
11 about the lahar language.
12
13 Wendy Harris stated wetlands and streams that seem unconnected are connected
14 and are important for habitat and water quality. Be clear on current best available science
15 and legal standards.
16
17 Ronna Loerch spoke about the difference between nonregulated ditches and
18 regulated streams.
19
20 Carole Perry spoke about the purpose of government and the decisions of the Critical
21 Areas Committee.
22
23 Councilmembers discussed the subjectivity of and prioritizing best available science;
24 prioritizing values and beliefs over best available science; setting up a meeting to discuss in
25 depth the issue of septic system replacement in buffer areas; how the CAO is applied to
26 existing development through public education; a hazard tree ordinance; supporting the
27 recommendations of the technical advisory committee, which included experts in those
28 fields, and; the schedule for moving forward with the update process.
29
30
31 OTHER BUSINESS
32
33 There was no other business.
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35
36 ADJOURN
37
38 The meeting adjourned at 3:41 p.m.
39
40 The CQUnbl approved these minutes on February 7, 2017.
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53 Jill Nixon, Minutes Transcription
Special Committee of the Whole, 9/20/2016, Page 2