HomeMy WebLinkAboutSpecial Committee of the Whole AM July 11 20171
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WHATCOM COUNTY COUNCIL
Special Committee of the Whole
July 11, 2017
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 9:30 a.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd
Donovan, and Barry Buchanan.
Absent: Rud Browne
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 5 — CRITICAL AQUIFER RECHARGE AREAS, ARTICLE 8 —
CONSERVATION PROGRAM ON AGRICULTURE LANDS, AND ARTICLE 9 —
DEFINITIONS
The following staff answered questions:
• Cliff Strong, Planning and Development Services Department
• George Boggs, Conservation District
• Mark Personius, Planning and Development Services Department
Councilmembers and staff discussed whether self- certification is appropriate for Type
2 and Type 3 farm plans.
Brenner moved to amend 16.16.860(A), "A. The technical administrator ... for Type 1
conservation farm plans or if the for any plan that is prepared by...."
The motion was seconded.
The motion failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Sidhu, Buchanan, Weimer and Donovan (5)
Absent: Browne (1)
Brenner moved to amend to create a definition for "imminent threat" as shown in
section 16.16.860(B), "...believe that there is an imminent threat to public health...."
Special Committee of the Whole (AM), 7/11/2017, Page 1
1 The motion was seconded.
2
3 Councilmembers discussed section 16.16.860(B) and defining imminent threat.
4
5 Weimer moved to call the question.
6
7 The motion was seconded.
8
9 The motion to call the question carried by the following vote:
10 Ayes: Mann, Sidhu, Buchanan, Weimer and Donovan (5)
11 Nays: Brenner (1)
12 Absent: Browne (1)
13
14 The motion to amend failed by the following vote:
15 Ayes: Brenner (1)
16 Nays: Mann, Sidhu, Buchanan, Weimer and Donovan (5)
17 Absent: Browne (1)
18
19 Brenner moved to amend 16.16.860(D), "Agricultural operations shall cease to be
20 in compliance with this Article, and a new or revised conservation farm plan will be required
21 when the technical administrator determines with detailed written findings that any of the
22 following has occurred: ... 3. When substantial changes ... b. Result e+the in an increased a
23 direct discharge or substantial potential discharge of pollution to surface or ground water,
24 or...."
25
26 The motion was seconded.
27
28 Councilmembers and staff discussed the level of detail in written findings if requested
29 by an applicant. Strong stated section .254 defines detailed written findings, and it covers
30 everything.
31
32 Brenner withdrew the motion.
33
34 Weimer described his questions regarding public disclosure of farm plans. He would
35 like certain information public to give the Council, the public, and Planning staff a sense of
36 whether they're making progress in closing the gap between 100 and 1,500 farm plans. He
37 moved to amend 16.16.870(B), "Provided, that the County will collect summary
38 information related to the address and parcel numbers geReFa' leeatieff of a farming
39 enterprise covered by the farm plan, the nature of the farming activity aad the specific best
40 management practices to be implemented during the conservation farm plan review
41 process, the number of acres included, and the date of the last compliance review. This
42 information, along with a map that shows parcels covered by approved farm plans, will be
43 made easily and publicly available on the county's website. The summary information shall
44 be provided...."
45
46 The motion was seconded.
47
48 Councilmembers and staff discussed what information can be released to the public,
49 how to measure the County's progress in creating farm plans for farmers, and allowing staff
50 to propose alternative language.
51
52 Brenner moved to hold in Committee so staff can propose alternate language.
53
Special Committee of the Whole (AM), 7/11/2017, Page 2
1
2 The motion to hold was seconded.
3
4 The motion to hold in Committee carried by the following vote:
5 Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6)
6 Nays: None (0)
7 Absent: Browne (1)
8
9 Strong stated the term "actively farmed" is not used and they may delete the
10 definition.
11
12 Brenner moved to amend 16.16.900 and delete the definition of "actively farmed."
13
14 The motion was seconded.
15
16 The motion to hold in Committee carried by the following vote:
17 Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6)
18 Nays: None (0)
19 Absent: Browne (1)
20
21 Brenner moved to amend 16.16.900, to amend the definition of "Agricultural
22 activities," "...or improved areas. f4eith the .,w_ Cti of new StF et ~tivitie�,
24 agriELAUFal activities."
25
26 Councilmembers and staff discussed how the Conservation Program on Agriculture
27 Lands (CPAL) program was developed for ongoing agriculture; whether or not they should
28 continue to delete the term "ongoing" throughout the program, which would make it
29 applicable to all agriculture and which was never the intent of the program; and allowing
30 staff to propose alternative language that is clearer.
31
32 Brenner amended her motion and moved to hold in Committee to allow staff to
33 propose alternative language.
34
35 The motion to hold was seconded.
36
37 The motion to hold in Committee carried by the following vote:
38 Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6)
39 Nays: None (0)
40 Absent: Browne (1)
41
42 Councilmembers discussed changing "aquifer susceptibility" and "aquifer
43 vulnerability" to one definition that uses both terms.
44
45 Brenner moved to hold in Committee to get clarification from State law.
46
47 The motion to hold in Committee was seconded.
48
49 The motion to amend failed by the following vote:
50 Ayes: Brenner (1)
51 Nays: Mann, Sidhu, Buchanan, Weimer and Donovan (5)
52 Absent: Browne (1)
53
Special Committee of the Whole (AM), 7/11/2017, Page 3
1 Brenner moved to combine the definitions of "aquifer susceptibility" and "aquifer
2 vulnerability" to one definition that uses both terms.
3
4 The motion was seconded.
5
6 The motion to amend failed by the following vote:
7 Ayes: Brenner (1)
8 Nays: Mann, Sidhu, Buchanan, Weimer and Donovan (5)
9 Absent: Browne (1)
10
11 Brenner moved to delete the definition of "cumulative impact
12
13 The motion was seconded.
14
15 Councilmembers and staff discussed how this is part of the Shoreline Management
16 Plan and the State Environmental Policy Act (SEPA).
17
18 The motion to amend failed by the following vote:
19 Ayes: Brenner (1)
20 Nays: Mann, Sidhu, Buchanan, Weimer and Donovan (5)
21 Absent: Browne (1)
22
23 Brenner moved to amend the definition of "Geologically hazardous areas," °...or
24 other geological events a-Fe may not be suited to the siting of...."
25
26 The motion was seconded.
27
28 Councilmembers discussed whether the amended language would limit or expand the
29 power of the decision - makers and the definition being from the Revised Code of Washington
30 (RCW).
31
32 The motion to amend failed by the following vote:
33 Ayes: Brenner and Donovan (2)
34 Nays: Mann, Sidhu, Buchanan, and Weimer (4)
35 Absent: Browne (1)
36
37 Brenner stated she doesn't like the definition of "ongoing agriculture" and would like
38 to hold this proposed amendment with the other amendments regarding ongoing
39 agriculture.
40
41 Councilmembers asked staff to provide a summary of all the Council's changes about
42 the CPAL program and ongoing agriculture.
43
44 Councilmembers discussed the square footage in the "reasonable use" definition,
45 which has been moved to the Reasonable Use section and about the baseline data to know
46 whether the critical areas ordinance is working to protect critical areas.
47
48
49 OTHER BUSINESS
50
51 There was no other business.
52
53
Special Committee of the Whole (AM), 7/11/2017, Page 4
ADJOURN
The meeting adjourned at 10:55 a.m.
The A"m1 il, pproved these minutes on September 26, 2017.
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Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
*Bauchanan, Council Chair
Special Committee of the Whole (AM), 7/11/2017, Page 5