HomeMy WebLinkAboutSpecial Committee of the Whole April 4 2017WHATCOM COUNTY COUNCIL
Special Committee of the Whole
April 4, 2017
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 3:05 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Ken
and Barry Buchanan.
Absent: Carl Weimer
COMMITTEE DISCUSSION
Mann, Satpal Sidhu, Todd Donovan, Rud Browne
2. DISCUSSION WITH LEGISLATIVE ANALYST FORREST LONGMAN REGARDING
WORK ASSIGNMENTS (AB2017 -127)
Forrest Longman, County Council Legislative Analyst, reported on his recent work
assignments, including the Incarceration Prevention & Reduction Task Force, critical areas
ordinance, water issues, and performance metrics. Possible work assignments are to work
with the Health Department on healthy planning issues, organize the economic development
forum, and work with the Prosecutor's Office to identify an attorney to do the Cherry Point
study.
Councilmembers discussed:
• Creating a business advisory committee and a business summit to connect
with the business community. Determine answers to the following questions:
• Does the business community want an advisory committee?
• What are the efforts the County can facilitate or promote to boost
economic development?
• The system for evaluating projects and expending economic development
investment (EDI) funds.
• Finding an organization to sponsor the cost of a business summit.
• Review of the critical areas ordinance by chapter.
1. CONTINUATION OF COUNCIL'S REVIEW OF THE 2016 CRITICAL AREAS
ORDINANCE UPDATE (AB2016- 276K). REVIEW OF CERTAIN QUESTIONS,
COMMENTS, AND SUGGESTIONS BY COUNCILMEMBERS RELATED TO:
Article 3 - Geologica_ll Hazardous Areas (tsunami Lazard areas
Cliff Strong, Planning and Development Services Department, described the timing of
councilmember proposals and his staff responses and gave a staff report.
He referenced and read through his memo on Council packet page 216 and reported
on Issue 44 beginning on Council packet page 216 from Councilmember Brenner and
answered questions about whether or not they should allow subdivisions in lahar hazard
areas, and whether the hazard areas are already defined in the code.
Special Committee of the Whole, 4/4/2017, Page 1
Brenner referenced Issue 44 on Council packet page 216 and moved to amend
section 16.16.320(B), "Impact Avoidance. Impact avoidance measures shall include,, but t
be i;... ited if possible, locating the use /development outside of the hazard area, reducing
the number, size or scale of buildings, driveways and other features; altering the
configuration or layout of the proposed development; implementing special engineering
methods for construction, drainage, runoff management etc.; foregoing construction of
accessory structures; preserving native vegetation; and other feasible protective measures
as determined by an alternatives analysis. For seFne g - c3+e l a do iffipadt - Vei.l-,nce n'ray
mean no development will be peffrRtte For some geologic hazards, impact
avoidance may not be possible. In those instances the applicant will be made aware of risks
and will sign a "Hold Harmless" agreement with the county, which will also be attached to
title of property."
The motion was seconded.
Staff and councilmembers discussed putting the bullet points proposed in
16.16.350(B) in the findings of facts instead.
The Committee concurred.
Brenner amended her motion and moved to delete her proposal for 16.16.350(B-
H), and add her proposed language for subsection (H) to subsection (B) regarding lahar
hazard zones. "B. Lahar Hazard Zones. Implement evacuation procedures and other
emergency preparedness measures. Create a lahar warning system. All property owners
within Lahar Hazard Zones will be notified of risks and will sign a Hold Harmless Agreement
with the County. This will also be attached to title of property. All commercial buildings in
Lahar Hazard Zones will have signage placed at entrances."
Councilmembers discussed creating a lahar warning system and whether they can
require homeowners to sign a hold harmless agreement, risk to property versus risk to life,
whether regulation of lahar hazard areas should be any different from regulation regarding
earthquakes, and not comparing infrequent lahars to floods or other frequent events.
Andy Weiser, Planning and Development Services Department, answered questions
on how staff applies the code for geologically hazardous areas, whether they should densify
these areas, and hazards from mine areas and alluvial fans.
Brenner withdrew her motion to approve proposed amendments in Issue 44.
Browne moved that the County's primary responsibility with regard to lahars is to:
1. Warn property owners of the potential risks before they invest
2. Monitor potential sources of the risk
3. Include the risk in county's emergency management plan
4. Warn people present of the risks that exist and alert them when a hazardous
event is anticipated
5. Provide clear guidance to persons present how to best evacuate the area when
necessary
Mann suggested a friendly amendment that they also do monitoring.
Browne accepted the friendly amendment.
The motion was seconded.
Special Committee of the Whole, 4/4/2017, Page 2
1 Donovan suggested a friendly amendment that they also have an emergency
2 management plan that counts as mitigation to respond.
3
4 Browne accepted the friendly amendment and restated the motion that the
5 County's primary responsibility with regard to lahars is to warn property owners of the
6 potential risks before they invest, monitor potential sources of the risk, include the risk in
7 county's emergency management plan, warn people present of the risks that exist and alert
8 them when a hazardous event is anticipated, and provide clear guidance to persons present
9 how to best evacuate the area when necessary.
10
11 The motion carried by the following vote:
12 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
13 Nays: None (0)
14 Absent: Weimer (1)
15
16 Article 2 - Administrative Provisions
17
18 Donovan referenced his questions regarding Article 2 beginning with Issue 32 on
19 Council packet page 224.
20
21 Strong referenced Issue 32 and reported that this sentence was moved to another
22 section.
23
24 Donovan referenced Issue 33 and stated he does not have an amendment.
25
26 Councilmembers discussed whether off -site mitigation works and how much they rely
27 on these things when they don't know if they work.
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29 Donovan referenced Issue 35 and moved to amend 16.16.265(B) to delete the last
30 sentence "This requi efnent- +-ay be waived
31 a1H "
32
33 The motion was seconded.
34
35 Donovan withdrew his motion. He referenced Issue 36 and stated he does not
36 have an amendment.
37
38 Strong referenced Issue 37 and stated hold this item because it relates to a proposed
39 motion from Councilmember Brenner they will discuss later.
40
41 Donovan referenced Issue 38 and stated he does not have an amendment.
42
43 Article 7 - Habitat Conservation Areas
44
45 Donovan referenced his questions regarding Article 7 beginning with Issue 39 on
46 Council packet page 227.
47
48 Strong answered questions on whether there is a specific species list.
49
50 Strong referenced Issue 40 and answered questions on references to other sections
51 and whether the intent is to change administrative discretion and the purpose and function
52 of Article 2.
53
54 Strong referenced Issue 41 and answered questions on how to prove there would be
55 no impacts and not making an applicant prove something in the negative.
Special Committee of the Whole, 4/4/2017, Page 3
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Tyler Schroeder, Executive's Office, answered questions on the County helping
homeowners as much as possible to repair and replace their onsite septic systems as
needed.
Linda Twitchell, Building Industry Association, spoke on her suggestion regarding
having to prove something that can't be proven and the types of alternatives that people
must be forced to consider.
Donovan moved to amend section 16.16.720, "0. On -site sewage disposal systems
(OSS) may be permitted in the outer 50% of HCA buffers when accessory to an approved
residential structure for which there are no alternatives and when it is not feasible to
connect to a public sanitary sewer system and when operated and maintained in accordance
with WCC 24.05.170; provided, that adverse effects on water quality and slope stability are
avoided."
The motion was seconded.
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
Nays: None (0)
Absent: Weimer (1)
Donovan referenced Issue 42 and stated he does not have an amendment.
Strong referenced Issue 43 and answered questions about tracking the success of
mitigation efforts.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 4:41 p.m.
The Council approved these minutes on May 16, 2017.
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ATTES f';�( COO, ���., WHATCOM COUNTY COUNCIL
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1
Dana Brown - Davis Council-Clerk B y uchanan, ouncil Chair
Jill Nixon, Minutes Transcription
Special Committee of the Whole, 4/4/2017, Page 4