HomeMy WebLinkAboutSpecial Committee of the Whole March 21 2017WHATCOM COUNTY COUNCIL
Special Committee of the Whole
March 21, 2017
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.
SPECIAL PRESENTATION
1. COUNTY EXECUTIVE TO PROVIDE AN UPDATE ON NEW JAIL PLANNING
(AB2017 -107)
Jack Louws, County Executive, submitted and read from a presentation (on file)
regarding new jail contract negotiations. The City of Bellingham proposal is not fair and
appropriate for moving forward. He's done all he can at this point. There must be funds for
operation and programming. The County is responsible for 76 percent of any cost overruns
and 100 percent of felons. He will put forward his version of the agreement. He asks the
Council to make a set of decisions on the JFUA financial proposal with the Cities, facility
size, and ballot measure.
He answered questions about agreeing on the usage statistics; inconclusive data;
equal access for all misdemeanants, regardless of jurisdiction; whether the small cities
accept their contribution at four or seven percent; developing a new facility that includes
rehabilitation and training programs; how the fixed cost of a facility impacts the operating
cost; whether the work center would continue once the new facility is built; Tribal use at
eight percent; whether the County would build a facility just for County inmates; whether
demand is forecast at current use or future use; reducing the cost of the overall criminal
justice system by 2.5 percent to pay for the jail; the amount of reimbursement the County
receives for federal defendants; the City of Bellingham sending its pretrial defendants to the
Yakima jail, without the County doing the same; a broken system that relies on the failure
of society for jail funding and size to be successful; achieving consensus on jail use; aligning
expenses with revenue; capital contributions from Lummi Nation; moving forward on the
JFUA and determining jail size; developing an allocation among the Cities and County based
on consensus of current use, adjusted for future use over the term of the facility.
Jeff Parks, Sheriff's Office, stated he suggests having another meeting to continue to
go through new data that includes the final use numbers for the prior year and the quarterly
report.
Special Committee of the Whole, 3/21/2017, Page 1
1 COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
2
3 1. RESOLUTION INITIATING PROPOSED COMPREHENSIVE PLAN AND ZONING
4 AMENDMENTS (FROM MARCH 7) (AB2017 -083)
5
6 Matt Aamot, Planning and Development Services Department, referenced and read
7 through the staff report on Council packet page 223.
8
9 Mark Personius, Planning and Development Services Department, gave a staff report
10 on the Point Roberts Community Advisory Committee, which is working on amendments to,
11 or a repeal of, the Point Roberts Character Plan. He recommends the Council repeal the
12 Character Plan so staff and the community can move it to the County Code, which can be
13 amended at any time as needed rather than amendment through the annual docketing
14 process. He answered questions about limiting the size of nonconforming parcels in
15 boundary line adjustments, and whether the agricultural strategic plan is good for farmers.
16
17 Aamot answered questions on the process of scheduling the queued items before the
18 Planning Commission and on wireless communication modifications.
19
20 Nick Smith, Planning and Development Services Department, answered questions on
21 past Council approval of a setback waiver and the permit status of the medical marijuana
22 production facility before the County regulations were adopted.
23
24 Councilmembers discussed whether the County should waive the docket fee for the
25 marijuana production facility.
26
27 Ezra Eickmayer, Marijuana Production Facility Representative, spoke about the
28 medical marijuana facility being a preexisting operation, getting approval from a nearby
29 church, and waiving the fee to comply with new regulations.
30
31 Browne moved to require the marijuana production facility applicant to pay the fee.
32
33 The motion was seconded.
34
35 Councilmembers discussed how rules changed for medical marijuana facilities when
36 recreational marijuana laws were passed and businesses that don't go through the proper
37 permitting process.
38
39 Browne moved to call for the question.
40
41 The motion was seconded.
42
43 The motion to call for the question carried by the following vote:
44 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
45 Nays: None (0)
46
47 The motion failed by the following vote:
48 Ayes: Browne (1)
49 Nays: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6)
50
51 Weimer moved to recommend approval as presented.
52
53 The motion was seconded.
54
55 Weimer moved to amend by removing PL17 -00003 regarding the buffers.
Special Committee of the Whole, 3/21/2017, Page 2
The motion was seconded.
The motion to amend carried by the following vote:
Ayes: Brenner, Sidhu, Browne, Buchanan, and Weimer (5)
Nays: Mann and Donovan (2)
Mann moved to remove from the docket the mineral resource Ian
on Lummi Island and the offsite wetland mitigation and habitat restoration
LLC, as staff recommends on Council packet page 225 in the staff memo
2017.
Weimer accepted the motion as a friendly amendment.
d (MRL) expansion
project from KG,
dated February 6,
The motion to approve as amended carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
COMMITTEE DISCUSSION
1. CONTINUED DISCUSSION OF PROPOSED COMPREHENSIVE PLAN
AMENDMENTS RELATING TO THE CHERRY POINT URBAN GROWTH AREA
(DISCUSSION LIMITED TO COUNCIL PROPOSED NEW POLICY 2CC -17)
(AB2017-
063)
Royce Buckingham, Prosecutor's Office, gave a staff report and referenced Policy
2CC -16. He stated the Prosecutor or an attorney approved as outside counsel must give
advice, according to law. He suggests that the language say the County should consider
any legal opinions submitted by other legal experts on behalf of stakeholders:
"The study -s-I view rra-" County should consider any legal
advice freely submitted to the County by legal experts on behalf of a variety
of stakeholder interests, and make that advice publicly available and mal(e
[INIt advice- J3UbliC aS paFtofthe stt —y-- Fepert."
He answered questions on requesting advice from the Prosecutor, the stakeholders
who would provide legal opinions, and a State Environmental Policy Act (SEPA) appeal of
these amendments.
(Clerk's Note: The transcript for this section is taken from the notes of the Council
Legislative Analyst.)
Weimer moved to amend policy 2CC -16, "The study-s-hal-1 -revi
County should consider any legal advice freely submitted to the County by legal experts on
behalf of a variety of stakeholder interests, and make that advice publicly available a+id
fRa- k- e4-k- at- -a4vjeeTptt d y-- fepar -t . "
The motion was seconded.
Councilmembers discussed studies versus legal opinions and the schedule for
introducing this item to the full Council.
Special Committee of the Whole, 3/21/2017, Page 3
1 The motion carried by the following vote:
2 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
3 Nays: None (0)
4
5 Donovan moved to amend Policy 2CC -16, "...for legal ways the County may choose
6 to limit the public safety, transportation, sic, and environment from ...."
7
8 The motion was seconded.
9
10 Councilmembers discussed how to indicate they aren't limiting the economy or public
11 safety.
12
13 Sidhu suggested a friendly amendment to amend Policy 2CC -16, "...for legal
14 ways the County may choose to limit the negative impacts on public safety, transportation,
15 eeene+n+e the economy, and environmental impacts from ...."
16
17 Donovan accepted the friendly amendment.
18
19 The motion carried by the following vote:
20 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
21 Nays: None (0)
22
23 Brenner moved to amend Policy 2CC -16, "...and environmental impacts from crude
24 oil, liquefied petroleum gases, and natural gas transshipments a exports from the Cherry
25 Point...."
26
27 The motion was seconded.
28
29 Councilmembers discussed the definition of transshipment and moving crude oil to
30 other locations in Washington State or the West Coast.
31
32 Brenner moved to call the question. The motion was seconded.
33
34 The motion to call the question carried by the following vote:
35 Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6)
36 Nays: Browne (1)
37
38 Brenner restated her motion to amend Policy 2CC -16, "...and environmental
39 impacts from crude oil, liquefied petroleum gases, and natural gas
40 exports from the Cherry Point...."
41
42 The motion carried by the following vote:
43 Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5)
44 Nays: Mann and Browne (2)
45
46 Brenner moved to amend to eliminate references to liquefied petroleum gases and
47 natural gas, which are not unrefined products. The motion was not seconded.
48
49 Forrest Longman, Council Legislative Analyst, gave a staff report on items tabled
50 from the last meeting.
51
52 Donovan moved to create a new policy, "2CC -16 shall not limit the cemplia
53 sien a existing uses operations or; maintenance of existing facilities-,4he-cleffneR 1
54 e ne l;ties,- -consiste -n- ,w.ith- ex4stt�n - -ses as of March 1, 2017."
55
Special Committee of the Whole, 3/21/2017, Page 4
1 The motion was seconded.
2
3 Councilmembers discussed whether removing language about new facilities would
4 allow a business to build a new dock, whether the study is punitive to the industry, and
5 whether reference to existing operations includes quantity and use.
6
7 The motion carried by the following vote:
8 Ayes: Mann, Sidhu, Browne, and Donovan (4)
9 Nays: Weimer, Brenner, and Buchanan (3)
10
11 Matt Aamot, Planning and Development Services Department, submitted a handout
12 to amend 2CC -15 because of a conflict with how the Magnuson Amendment is discussed
13 and answered questions about the reason for referencing the Magnuson Amendment.
14
15 Weimer moved to amend Policy 2CC -15, "Whatcom County will encourage federal
16 agencies, including the U.S. Army Corps of Engineers, to enforce the provisions of the
17 Magnuson Amendment (33 USC Sec. 476). To accomplish this the County will make
18 appropriate federal agencies aware of applications for development permits submitted to the
19 County that staff thinks may be subject to federal agency review under eenfliet will the
20 Magnuson Amendment."
21
22 The motion was seconded.
23
24 Councilmembers discussed whether there would be federal review without a County
25 request.
26
27 The motion carried by the following vote:
28 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
29 Nays: Brenner (1)
30
31 Brenner moved to amend to remove two paragraphs. The motion was seconded.
32
33 The motion failed by the following vote:
34 Ayes: Brenner (1)
35 Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
36
37 2. CONTINUATION OF COUNCIL'S REVIEW OF THE 2016 CRITICAL AREAS
38 ORDINANCE UPDATE (AB2016 -276K)
39
40 Review of additional staff proposed amendments (post - planning commission
41 recommendation) related to: Article 6 - Wetlands, Article 7 - habitat Conservation Areas,
42 Article 3 - Geologically Hazardous Areas (tsunami hazard areas), and Article 9 - Definitions
43
44 (Clerk's Note: The transcript for this section is taken from the notes of the Council
45 Legislative Analyst.)
46
47 Cliff Strong, Planning and Development Services Department, gave a staff report on
48 Issue 20, to strike the language from 16.16.100 and insert language from the Washington
49 Administrative Code 365.196.830.
50
51 Donovan moved to strike the language from 16.16.100(A) and insert language
52 from the Washington Administrative Code 365.196.830:
53
54 16.16.100 Purpose and intent.
Special Committee of the Whole, 3/21/2017, Page 5
a 5- a -t-ki i tv r Em
Geu. eOMPFeheASiVe plan the State Of Washington I.Fewt-h
Management Aet (Ghe t�rp[&Me
designating and classifying e-Filake-al areas, and by 'nig the Functions
..hole allowing fe, -ppt -�
4a•nd —a F Fi Y Gritmeal a real- --%eg• C4ude
of s areas, fFequen#Y—fleeded—aFeas, Critical aquife
areas, recharge wetlands, areas
ri — rrv+Feflirve
1. The Growth Management Act requires the designation of critical
areas and the adoption of regulations for the protection of such
areas by all counties and cities. The Washington Department of
Commerce has adopted minimum guidelines in chapter 365 -190
WAC detailing the process involved in establishing a program to
protect critical areas.
2. Critical areas that must be protected include the following areas
and ecosystems:
a. Wetlands;
b. Areas of critical recharging effect on aquifers used for potable
water;
c. Fish and wildlife habitat conservation areas;
i. Fish and Wildlife Habitat Conservation Areas are areas
that serve a critical role in sustaining needed habitats
for the functional integrity of the ecosystem, and which,
if altered, may reduce the likelihood that the species will
persist over the long term. These areas are further
defined in WAC 365- 190- 030(6)(a).
FiSl— a= m wildlife habitat ---evr roc F� t ®f�r currs land
n amen , .taming ula ons E) speefe5 in
suitable habitats wrcIFFF# —t
distr' n sue the habitat —v aila is suf€rcent to
support viable pepulations ever the long terfff--aiW
isolated s -b -pep tlatiens -afce amt created. This means flo,
deg Fad +ng- earedud pepulations M -brat
they ne- 4onger -v +able ever the long term.
d. Frequently flooded areas; and
e. Geologically hazardous areas
3. "Protection" in this context means preservation of the functions
and values of the natural environment, or to safeguard the public
from hazards to health and safety.
The motion was seconded.
Councilmembers discussed allowing the economically beneficial use of land or
property.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Review of certain questions, comments, and suggestions by Councilmembers related to:
Overall (shall v. may) Article 1 - Purpose, Article 2 - Administrative Provisions, Article 7 -
Habitat Conservation Areas
Special Committee of the Whole, 3/21/2017, Page 6
Strong reported on Issues 21 and 22 on Council packet page 418 and proposed
amendments coming forward from Councilmember Brenner.
Donovan referenced Issue 22 and moved to amend subsection (C), "The County
shall make written findings."
The motion was seconded.
Ryan Ericson, Planning and Development Services Department, answered questions
on slowing down the permitting process if staff has to do detailed written findings at every
stage of the process.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Weimer referenced Issue 23 and moved to amend subsection (A), "The County has
identified critical areas and areas where the conditions under which critical areas typically
occur and /or have the potential to occur. The approximate location and extent of critical
areas within the County's jurisdiction are shown on maps, which shall be available at the
planning and development services department and online for public inspection."
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Weimer referenced Issue 24 and moved to amend subsection (A), "The following
activities shall be subject to the provisions of this chapter when they occur within critical
areas or their buffers or will impair the functions and values of a critical area:...."
The motion was seconded.
Councilmembers discussed how functions and values of a critical area would be
impaired.
The motion carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Abstains: Brenner (1)
Donovan stated he withdraws his proposed amendment in Issue 25.
Donovan referenced Issue 26 and moved to amend subsection (B)(3), "Alteration is
necessary to accommodate an approved water - dependent ariented use and any associated
development /activity and /or the development activities..."
The motion was seconded.
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, 3/21/2017, Page 7
1 Strong reported on and councilmembers discussed clustering.
2
3 Donovan stated he withdraws his proposed amendment in Issue 27.
4
5 Donovan referenced Issue 28 and stated he will table this item until a later date, due
6 to a potential conflict with a proposed motion from Councilmember Brenner.
7
8 Donovan referenced Issues 29 through 31 and moved to amend:
9 • Subsection (B), "...within a critical area or its buffer..."
10 • Subsection (C)(2), "...adversely affect the functions and values of a critical
11 area or buffer...."
12 • Subsection (C)(3): ...and would affect the functions and values of a critical
13 area...."
14
15 The motion was seconded.
16
17 The motion carried by the following vote:
18 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
19 Nays: None (0)
20
21 Mann stated that at the next meeting they should prioritize amendments regarding
22 geo- hazardous lahars, especially over the Conservation Program on Agriculture Lands
23 (CPAL).
24
25
26 OTHER BUSINESS
27
28 There was no other business.
29
30
31 ADJOURN
32
33 The meeting adjourned at 4:34 p.m.
34
35 The C001101 approved these minutes on May 16, 2017.
36
37
38 ATTEST: y�C� t. CJ '�r� WHATCOM COUNTY COUNCIL
39 []"t WHATCOM COUNTY, WASHINGTON
40 w 0.o
'``' "
41 -;
42 _ �� ,
43
44 Dane :0 Brown la4l is; Coun6l Clerk Barry chan n, Council Chair
45
47
48 F -_.
49 Jill Nixon, Minutes Transcription
Special Committee of the Whole, 3/21/2017, Page 8