HomeMy WebLinkAboutSpecial Committee of the Whole AM June 27 20171
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WHATCOM COUNTY COUNCIL
Special Committee of the Whole
June 27, 2017
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 9:34 a.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 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
• Ryan Ericson, Planning and Development Services Department
• George Boggs, Whatcom Conservation District
Brenner moved for staff reports to list proposed amendments in numerical order by
issue number.
Councilmembers discussed the format in which the proposed amendments are
presented in the staff report.
Brenner withdrew the motion.
Brenner moved to amend 16.16.830(B)(1), "Only on engeing agricultural land
where such activities are a demonstrated to be an integral essential part of the 8fkg0-mg
agricultural use or part of...."
The motion was seconded.
Councilmembers discussed problems when farmers can't engage in farming
continuously due to unavoidable circumstances, who would determine whether an
agricultural use is legal, applying this section only to lands in the (CPAL) program, and how
to determine if a farm has lost its legal ability to farm.
Special Committee of the Whole, 6/27/2017, Page 1
1 The motion failed by the following vote:
2 Ayes: Brenner and Sidhu (2)
3 Nays: Mann, Browne, Buchanan, Weimer and Donovan (5)
4
5 Browne moved to amend 16.16.830(B), "A conservation farm plan shall net may
6 autherize may recommend filling, draining, grading, or clearing ... 1. "6a+y Except on on
7 agricultural land with a history of legal agricultural uses and where such activities are a
8 demonstrated essential part of the ongoing agricultural use or part of...."
9
10 The motion was seconded.
11
12 Councilmembers discussed the need for a definition of the history of legal agricultural
13 uses to be consistent with State and federal guidelines.
14
15 Browne moved to hold the motion in committee.
16
17 The motion to hold was seconded.
18
19 The motion to hold 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 16.16.830(C), "A conservation farm plan shall Fie
24 ��Fize may recommend...."
25
26 The motion was seconded.
27
28 Councilmembers discussed changing the language throughout from "shall not
29 authorize" to "may recommend."
30
31 The motion failed by the following vote:
32 Ayes: Brenner and Sidhu (2)
33 Nays: Mann, Browne, Buchanan, Weimer and Donovan (5)
34
35 Brenner moved to amend 16.16.840(A)(1)(a), "Where structures exist in critical
36 areas or buffers and cannot be relocated, corrective measures must be taken if necessary to
37 avoid runoff of pollutants and bacteria to critical areas."
38
39 The motion was seconded.
40
41 The motion carried by the following vote:
42 Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6)
43 Nays: Browne (1)
44
45 Councilmembers discussed the recommendation of the Technical Advisory Committee
46 to mitigate for temperature changes.
47
48 Brenner moved to amend 16.16.840(A)(1), "b. Along regulated streams }, lakes,
49 ponds, or wetlands: i. Where trees and shrubs already exist, they shall be Fetained arts
50 managed to preserve the existing functions of the buffer pursuant to the NRCS Conservation
51 Practice 391, Riparian Forest Buffer "...'Net-e-that ��F9el ay eet the
52 €1ef0n0tiaFi of a stF ~ - wee �4rtic#e- 9�Befirri��rs�„
53
Special Committee of the Whole, 6/27/2017, Page 2
1 Councilmembers discussed whether the owner is restricted from getting rid of
2 invasive vegetation and amending the definition of trees and shrubs, which should not
3 include invasive species.
4
5 The motion failed by the following vote:
6 Ayes: Brenner, Sidhu, and Buchanan (3)
7 Nays: Weimer, Browne, and Donovan (3)
8 Absent: Mann (out of the room)(1)
9
10 Weimer stated there are hundreds of farms for which they don't have information on
11 what they're doing. He's satisfied with the staff's answer on surface water runoff from
12 these areas.
13
14 Brenner moved to amend 16.16.840(A)(5), "Existing native vegetation within
15 critical areas and their buffers shall be retained to the extent practicable."
16
17 The motion was seconded.
18
19 Councilmembers discussed whether vegetation can be changed and replaced when
20 necessary.
21
22 The motion failed by the following vote:
23 Ayes: Brenner and Sidhu (2)
24 Nays: Browne, Buchanan, Weimer and Donovan (4)
25 Absent: Mann (out of the room)(1)
26
27 Weimer moved to amend 16.16.840, "A. ...designed to assess risk to protect water
28 quality ... 7. Fertilizers Other Than Manure. The rate and timing of fertilizer application shall
29 not exceed crop requirements or cause surface or groundwater quality degradation."
30
31 The motion was seconded.
32
33 Councilmembers discussed the possibility of unpredictable weather that could cause
34 temporary problems and risk assessment as part of the plan.
35
36 Brenner moved to amend the motion, "shall should." The motion was not seconded.
37
38 The motion carried by the following vote:
39 Ayes: Sidhu, Browne, Buchanan, Weimer and Donovan (5)
40 Nays: Brenner (1)
41 Absent: Mann (out of the room)(1)
42
43 Weimer moved to amend 16.16.840(B)(2), "Benchmark conditions are to be
44 captured and described in the plan, except for critical area aquifers."
45
46 The motion was seconded.
47
48 Councilmembers discussed the lack of a benchmarking effort for groundwater issues,
49 the need for groundwater benchmarks for a farm plan, and the farm plan relationship
50 regarding protection of CARAs and of the status of the groundwater.
51
52 Weimer withdrew his motion.
53
Special Committee of the Whole, 6/27/2017, Page 3
1 Councilmembers discussed whether there are exceptions to Title 180 or sections that
2 allow different options.
3
4 Brenner moved to amend 16.16.840(B)(3). "Except for impacts allowed by this
5 Title, wetlands Wetlands shall be conserved pursuant to the provisions of Title 180...."
6
7 Councilmembers discussed whether anything is allowed elsewhere in the Title, the
8 Conservation District methodology for preparing farm plans, grandfathering wetlands
9 converted to agriculture before 1985 to protect agriculture, and whether the existing
10 language has clarity.
11
12 The motion was seconded.
13
14 Browne moved to call the question.
15
16 The motion to call the question was seconded.
17
18 The motion to call the question carried by the following vote:
19 Ayes: Sidhu, Browne, Buchanan, and Weimer (4)
20 Nays: Brenner and Donovan (2)
21 Absent: Mann (out of the room)(1)
22
23 The motion to amend failed by the following vote:
24 Ayes: Brenner (1)
25 Nays: Sidhu, Browne, Buchanan, Weimer and Donovan (5)
26 Absent: Mann (out of the room)(1)
27
28 Brenner moved to amend 16.16.840(B)(5), "Where potential significant impacts to
29 critical areas are identified through a risk assessment, then plans shall be prepared to
30 mitigate and /or prevent same by: ... d. — Developing a plan to mitigate and /or prevent any
31 identified risks; and."
32
33 The motion was seconded.
34
35 The motion carried by the following vote:
36 Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
37 Nays: None (0)
38 Absent: Mann (out of the room)(1)
39
40 Brenner moved to amend Table 1 to allow a qualified consultant to prepare farm
41 plans for Type 2 and 3 operations.
42
43 The motion was seconded.
44
45 Councilmembers discussed requirements to be a planning advisor to do Type 2 and 3
46 operations compared to the requirements of a qualified consultant.
47
48 Browne moved to call the question.
49
50 The motion was seconded.
51
52
Special Committee of the Whole, 6/27/2017, Page 4
I The motion to call the question carried by the following vote:
2 Ayes: Mann, Sidhu, Browne, Buchanan, and Weimer (5)
3 Nays: Brenner and Donovan (2)
4
5 The motion to amend failed by the following vote:
6 Ayes: Brenner (1)
7 Nays: Mann, Sidhu, Browne, Buchanan, and Weimer (5)
8 Abstains: Donovan (1)
9
10 Councilmembers discussed companies that do global gap certification for farmers and
11 consolidating the plan where possible.
12
13 Weimer referenced the staff report and stated he has no more questions on
14 monitoring and compliance.
15
16 Councilmembers discussed adding definitions for "monitoring" and "qualified
17 consultant."
18
19 Brenner moved to define "monitoring" in terms of the CPAL program.
20
21 The motion was seconded.
22
23 (Clerk's Note: This motion was not voted on.)
24
25
26 OTHER BUSINESS
27
28 There was no other business.
29
30
31 AD30URN
32
33 The meeting adjourned at 10:59 a.m.
34
35 The Council approved these minutes on September 26, 2017.
36
37 ATTEST:° ci,..�� WHATCOM COUNTY COUNCIL
38 �.� .F WHATCOM COUNTY, WASHINGTON
39
41 v • 0 rt
42 t'
43 Darya Broo4n� ` i§ �guncil:Clerk '*fivCouncil Chair
44
47
48 Jill Nixon, Minutes Transcription
Special Committee of the Whole, 6/27/2017, Page 5