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HomeMy WebLinkAboutSpecial Committee of the Whole AM February 7 20171 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 February 7, 2017 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 9:35 a.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Satpal Sidhu, Carl Weimer, Todd Donovan, Rud Browne and Barry Buchanan. Absent: Ken Mann. COMMITTEE DISCUSSION — CRITICAL AREAS ORDINANCE UPDATE 1. CONTINUATION OF COUNCIL'S REVIEW OF THE 2016 CRITICAL AREAS ORDINANCE UPDATE — TOPICS SCHEDULED FOR DISCUSSION: Article 6 — Wetlands (AB2016 -276G) Cliff Strong, Planning and Development Services Department, submitted and read a presentation (on file). The following staff answered questions: • Diane Hennessey, Department of Ecology • Erin Page, Planning and Development Services Department, submitted a handout (on fi /e) on geographically isolated wetlands • Ryan Ericson, Planning and Development Services Department Councilmembers discussed the additional work, cost, and environmental and financial benefits from reducing the minimum size of a regulated Class IV wetland from more than 4,000 to 1,000 square feet; the State's wetland rating system; the effectiveness of mitigation; the best available science for protecting the small wetlands; and how other jurisdictions balance the protection of critical areas functions while allowing the maximum reasonable use of land. Sidhu moved to amend 16.16.610 (E) regarding the minimum size of a regulated Class IV wetland from 1,000 to 4,356 square feet. The motion was seconded. The motion failed by the following vote: Ayes: Brenner and Sidhu (2) Nays: Browne, Buchanan, Weimer and Donovan (4) Absent: Mann (1) Special Committee of the Whole (AM), 2/7/2017, Page 1 1 Councilmembers asked for more information from staff on which counties are and 2 aren't requiring a minimum Class IV wetland size of 1,000 square feet and the costs of 3 implementing the smaller minimum size and implementing a change to trails in buffers. 4 5 Strong continued the presentation. 6 7 Councilmembers discussed the possibility of staff restricting future legally established 8 roads and the reason for identifying primary agricultural structures in 16.16.620(E). 9 10 Browne moved to strike the word "existing legally established" in 16.16.630(A). 11 12 The motion was seconded. 13 14 The motion carried by the following vote: 15 Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) 16 Nays: None (0) 17 Absent: Mann (1) 18 19 Brenner moved to amend 16.16.620(E)(1), "Construction of a significant 20 appurtenant...." 21 22 The motion was seconded. 23 24 Councilmembers discussed whether small structures such as sheds can be built 25 under the critical areas ordinance. 26 27 Brenner withdrew the motion. 28 29 Strong continued the presentation and concluded the section on wetlands. 30 31 Councilmembers discussed why the Department of Ecology provides guidance 32 instead of rules on implementing the law, whether changes to the wetland report will result 33 in more work, and what the County is doing to establish baseline wetland studies to 34 measure tuture gains and losses. 35 36 Article 8 - _Conservation Program on Agriculture Lands (AB2016 -276I) 37 38 Strong continued on the Conservation Program on Agriculture Lands (CPAL) and 39 concluded his presentation. 40 41 The following staff answered questions: 42 . Ryan Ericson, Planning and Development Services Department 43 44 Councilmembers discussed the definition change from existing to ongoing farm and 45 why they penalize people who allow their farms to go fallow; the difference between 46 grammar changes and substantive changes; how many farm plans there should be 47 compared to how many there are; whether the program protects from groundwater 48 contamination; coordinating with the Food Safety Modernization Act (FSMA) and global food 49 gap requirements from the grocery industry; and holding Article 8 in committee to allow 50 time for more discussion. 51 52 Buchanan stated this Article will be held in Committee for more discussion. 53 Special Committee of the Whole (AM), 2/7/2017, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 11:10 a.m. 1%y M ltdpr T�6 uncil a'�proved these minu ATCI ST '. �,4TC��• Dana: ,Drow'n- bi Cob nci lerk - Jill Nixon, Minutes Transcription tes on March 21, 2017. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON tBaryhan , Council Chair Special Committee of the Whole (AM), 2/7/2017, Page 3