HomeMy WebLinkAboutSpecial Committee of the Whole Open Session May 2 20171
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WHATCOM COUNTY COUNCIL
Special Committee of the Whole
May 2, 2017
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 3:09 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.
COMMITTEE DISCUSSION
1. CONTINUATION OF COUNCIL'S REVIEW OF THE 2016 CRITICAL AREAS
ORDINANCE UPDATE (AB2016- 276K). REVIEW OF CERTAIN QUESTIONS,
COMMENTS, AND SUGGESTIONS BY STAFF AND COUNCILMEMBERS RELATED
TO: ARTICLE 2 - ADMINISTRATIVE PROVISIONS, ARTICLE 3 -
GEOLOGICALLY HAZARDOUS AREAS, ARTICLE 4 - FREQUENTLY FLOODED
AREAS, ARTICLE 5 - CRITICAL AQUIFER RECHARGE AREAS, ARTICLE 6 -
WETLANDS, ARTICLE 7 - HABITAT CONSERVATION AREAS
Cliff Strong, Planning and Development Services Department, gave a staff report on
the timeline for adopting the ordinance, best available science sources, the frequency of
updates, creating baseline studies, adding language to the ordinance about continuing to
work on baseline studies, and how the Technical Advisory Committee determined best
available science.
The following staff also answered questions:
• Ryan Ericson, Planning and Development Services Department
• Andy Wiser, Planning and Development Services Department
• Forrest Longman, Council Legislative Analyst
Councilmembers discussed best available science, tying critical aquifer recharge
areas (CARAs) to the Conservation Program on Agricultural Lands (CPAL), the critical areas
ordinance review and update every eight years, and the timing of the critical areas
ordinance.
Brenner moved to amend 16.16.35(C)(2), °...Includes an emergency evacuation
plan s-h ew ng —a-p{ a c-"
Staff and councilmembers discussed whether the language is too restrictive and
should be deleted.
The motion was seconded.
Special Committee of the Whole, 5/2/2017, Page 1
1 The motion carried by the following vote:
2 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
3 Nays: Weimer (1)
4
5 Staff and councilmembers discussed how to exercise emergency management plans.
6
7 Mann moved to amend 16.16.350(C)(3) on Council packet page 284, "3. Is
8 required to be updated and exercised every twee five years."
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10 The motion was seconded.
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12 The motion carried by the following vote:
13 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
14 Nays: Weimer (1)
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16 Staff and councilmembers discussed estimated lahar arrival times.
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18 Browne moved to amend 16.16.350(B) on Council packet page 284, "B. Subject to
19 WCC ... for properties located in an area with an estimated lahar arrival time of more than 60
20 minutes" with the requirement that the County will maintain travel time projection maps to
21 estimate lahar approach times. Staff can refine the language for inclusion in that section.
22
23 The motion was seconded.
24
25 The motion carried by the following vote:
26 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
27 Nays: None (0)
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29 Staff and councilmembers discussed how they determine whether vegetation is
30 lawfully established and the appropriate date for grandfathering landscape vegetation.
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32 Brenner moved to amend 16.16.230, "B. Maintenance... and gardens existing on
33 September 30, 2005, within a regulated...."
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35 The motion was seconded.
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37 Donovan moved to amend the motion to amend the date from September 30, 2005
38 to the original adoption date of the critical areas ordinance (CAO) in 1992. The motion was
39 not seconded.
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41 The motion failed by the following vote:
42 Ayes: Brenner (1)
43 Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
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45 Brenner moved to amend 16.16.235(B)(9), "dFainage ditches."
46
47 The motion was seconded.
48
49 Strong stated that amendment is not one of Councilmember Brenner's proposed
50 amendments in Issue 52.
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52 Brenner amended her motion and moved to amend 16.16.235(B)(9)(a), to strike
53 "ongoing."
Special Committee of the Whole, 5/2/2017, Page 2
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2 The motion was seconded,
3
4 The motion carried by the following vote:
5 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
6 Nays: None (0)
7
8 Brenner moved to amend 16.16.350(B)(9)(b), "The maintenance activity does not
9 expand the dimensions of the drainage channel beyond the original lawfully established
10 dimensions -a. _CUItUFal aCti .ities are conducted w-s t- te- atra•ppfvved -cans
11 farm plan prepared pursuant to W GG
12
13 The motion was seconded.
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15 Staff and councilmembers discussed whether conservation farm plans should be
16 required and whether or not to include the term "lawfully established."
17
18 The motion failed by the following vote:
19 Ayes: Brenner, Sidhu, and Donovan (3)
20 Nays: Mann, Browne, Buchanan, and Weimer (4)
21
22 Brenner moved to amend 16.16.240(A)(2), "Authority to grant ... their buffers if the
23 permits do not satisfy the applicable regulations."
24
25 The motion was seconded.
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27 Staff and councilmembers discussed whether the language would change the review
28 process and eliminate the appeal process and requirements for notifying neighbors.
29
30 The motion failed by the following vote:
31 Ayes: Brenner and Sidhu (2)
32 Nays: Donovan, Browne, Buchanan, and Weimer (4)
33 Ayes: Mann (out of the room) (1)
34
35 Brenner moved to amend 16.16.240(C -D) as shown in Issue Item 53 beginning on
36 Council packet page 285:
37 C.2. Authority to grant... critical areas if permits do not satisfy the applicable
38 regulations.
39 D. In granting... hearing examiner, to the extent allowed by applicable laws
40 a,:)PFOpriate applic may attach such conditions."
41
42 The motion was seconded.
43
44 The motion failed by the following vote:
45 Ayes: Brenner and Sidhu (2)
46 Nays: Mann, Donovan, Browne, Buchanan, and Weimer (5)
47
48 Brenner moved to amend 16.16.245(A), "The interdisciplinary team ... in the field if
49 appropriate, and /or...."
50
51 The motion was seconded.
52
Special Committee of the Whole, 5/2/2017, Page 3
1 Staff and councilmembers discussed how involved tribal representation will be and
2 who decides if it's appropriate.
3
4 The motion failed by the following vote:
5 Ayes: Brenner and Sidhu (2)
6 Nays: Mann, Donovan, Browne, Buchanan, and Weimer (5)
7
8 Brenner moved to amend 16.16.250(D)(1), "...within the prior 5 years, site
9 conditions have not substantially changed 4he- -.WeFe is d;"
10
11 The motion was seconded.
12
13 Staff and councilmembers discussed Army Corps of Engineer requirements for
14 wetland delineations, who determines whether the conditions have changed substantially,
15 and when staff requires another delineation or waives critical areas review.
16
17 The motion failed by the following vote:
18 Ayes: Brenner and Sidhu (2)
19 Nays: Mann, Donovan, Browne, Buchanan, and Weimer (5)
20
21 Brenner moved to amend 16.16.250(D)(2), "All critical areas ... in accordance with
22 the most current regulations in effect at the time."
23
24 The motion was seconded.
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26 Staff and councilmembers discussed how to determine the timeframe for best
27 available science and providing certainty to applicants.
28
29 The motion failed by the following vote:
30 Ayes: Brenner (1)
31 Nays: Mann, Sidhu, Browne, Buchanan, and Donovan (5)
32 Absent: Weimer (out of the room) (1)
33
34 Brenner moved to amend 16.16.250(D)(3), "The aet4vR- i en+pN�Ree-..-.a-s-paft
35 If a permit was obtained, the activity is in compliance with all permit
36 conditions, including mitigating measures, as applicable, that were imposed as part of the
37 prior review and there are no outstanding violations of conditions that were imposed as part
38 of that review;"
39
40 The motion was seconded.
41
42 Staff and councilmembers discussed the staff recommendation regarding language in
43 subsection DA and whether this amendment still works.
44
45 Brenner withdrew the motion to amend. She withdrew her proposed amendments
46 as shown in Issue Item 63.
47
48 Ericson submitted a handout of how to measure wetland, fish, and wildlife habitat
49 conservation area buffers (on file) as an example of horizontal plane measurement.
50
51
Special Committee of the Whole, 5/2/2017, Page 4
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OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 4:30 p.m.
The Co 4ncil approved these minutes on
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ATTEST;,S`
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• J'E'R x
Dana $rowi� -D 001 Clerk
T ` `1
Jill Nixon, Minutes Transcription
May 30, 2017.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
y than n; Council Chair
Special Committee of the Whole, 5/2/2017, Page 5