HomeMy WebLinkAboutSpecial Committee of the Whole July 25 2017WHATCOM COUNTY COUNCIL
Special Committee of the Whole
July 25, 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, Satpal Sidhu, Carl Weimer, Todd Donovan, Rud
Browne and Barry Buchanan.
Absent: Ken Mann.
SPECIAL PRESENTATION
1. PRESENTATION OF A GOVERNOR'S 2017 SMART COMMUNITIES AWARD TO
WHATCOM COUNTY PLANNING AND DEVELOPMENT SERVICES (AB2017 -231)
Anne Fritzel, Washington State Department of Commerce, presented the Planning
and Development Services Department with the 2017 Smart Communities Award for the
2016 update of Whatcom County's Comprehensive Plan.
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 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, Conservation District
• Matt Mahaffie, Planning and Development Services Department
Councilmembers discussed setting a formal deadline for councilmembers to submit
new proposed amendments.
Weimer moved that any new proposed amendments brought forward by
councilmembers after this meeting be held until after the public hearing.
The motion was seconded.
Special Committee of the Whole, 7/25/2017, Page 1
1 The motion carried by the following vote:
2 Ayes: Browne, Buchanan, Weimer and Donovan (4)
3 Nays: Brenner and Sidhu (2)
4 Absent: Mann (1)
5
6 (Clerk's Note: The Committee took a 15- minute break at 9:50 a.m.)
7
8 Councilmembers discussed items one and two in the Council packet, sections
9 1�.16.860(C) and 16.16.900.
10
11 Browne moved to accept staff's recommended change to amend section 16.16.900
12 Definitions, " 'Agricultural Activities' means those activates directly pertaining to the
13 production of crops or livestock, including, but not limited to: cultivation; harvest; grazing;
14 animal waste storage and disposal; fertilization; the operation and maintenance of farm and
15 stock ponds or drainage ditches, irrigation systems, and canals; and normal maintenance,
16 repair, or operation of existing serviceable structures, facilities, or improved areas. +neither
7 e eenst- ruetitetn of new— stir Activities i e Fran g e in ci
18 agFicultura l -a eat - r- e- pret- -eeiis-i 4ered icttltH-Fal aetiv i The
19 construction of new structures or activities that bring a new, non - ongoing agricultural area
20 into agricultural use, are not considered agricultural activities."
21
22 The motion was seconded.
23
24 Councilmembers discussed whether the amendment is confusing and the intent of
25 the definition.
26
27 Brenner moved to amend the motion, "...are not considered ongoing agricultural
28 activities."
29
30 The motion was seconded.
31
32 Councilmembers and staff continued to discuss how they use the phrases "ongoing
33 agriculture" or "history of legal agriculture "; grandfathered versus new agriculture;
34 conversion of agricultural land; applying these regulations only to critical areas, not all
35 agricultural areas; structural conservation practices as a listed agricultural activity; allowing
36 conservation structures that provide a net conservation benefit; keeping the definitions
37 within the framework of the CPAL program; and the Food Security Act and the Clean Water
38 Act, which govern wetlands.
39
40 Brenner withdrew her motion and moved to amend the motion to include "history
41 of legal agricultural use." The motion was not seconded.
42
43 Browne moved to call the question.
44
45 The motion to call the question was seconded.
46
47 The motion to call the question carried by the following vote:
48 Ayes: Sidhu, Browne, Buchanan, and Weimer (4)
49 Nays: Donovan and Brenner (2)
50 Absent: Mann (1)
51
52
Special Committee of the Whole, 7/25/2017, Page 2
The motion to amend carried by the following vote:
Ayes: Sidhu, Browne, Buchanan, and Weimer (4)
Nays: Donovan and Brenner (2)
Absent: Mann (1)
Councilmembers discussed broadening the CPAL program to all agriculture.
Browne moved address the proposed amendments to change the definitions and
return to the discussion of using ongoing agriculture. This motion was not seconded.
Councilmembers and staff discussed using definitions in the federal regulations.
Browne moved to amend the definition of ongoing agriculture:
"'Ongoing agriculture' means those activities conducted on lands
defined in RCW 84.34.020(2), and those activities involved in the production
of crops and livestock, including, but not limited to, operation and
maintenance of existing farm and stock ponds or drainage ditches, irrigation
systems, changes between agricultural activities, and maintenance or repair
of existing serviceable structures and facilities. Activities that bring an area
into agricultural use are not part of an ongoing activity. Unless the idle land is
registered in a federal or state soils conservation program AtH an operation
ceases to be ongoing when the area on whieh it was cend eted has been
e.-,.,,.,,,,i-, d to a rr.,..,....leu4 !- use, ! er has lain idle for eFe than five
secutive ye it meets the criteria for Abandonment under the Food
Security Act (7 CFR Section 12.33 (c)), and the criteria for receiving an
exemption under the Food Security Act § 12.5(b)(1)(iii) has not been met,
then such land is considered to be abandoned when the land meets the
wetiland criteria of the Food Security Act § 1y2..3�1.. tai. idle land is
'ref stered� fed er�VT-a1 ar state se 4s- eefrsivatL e 1 p +Vgr ."
The motion was seconded.
Councilmembers and staff discussed components of critical areas not related to the
Food Safety Act, the benefits of using the term "ongoing agriculture," allowing staff to
review the proposed new language to avoid problems experienced in Clallam Count,; and
avoiding a five -year limit when defining abandonment.
Browne withdrew the motion so that staff can do further review.
Weimer moved to revert back to the use of "ongoing agriculture."
The motion was seconded.
Councilmembers and staff continued to discuss how to refine the definition of what is
ongoing agriculture.
The motion carried by the following vote:
Ayes: Sidhu, Browne, Buchanan, Weimer and Donovan (5)
Nays: Brenner (1)
Absent: Mann (1)
Special Committee of the Whole, 7/25/2017, Page 3
1 Councilmembers discussed the impact of completely removing the definition of
2 "ongoing agriculture," and providing information to the public on whether or not a farm has
3 a farm plan.
4
5 Weimer moved to amend 16.16.870(B), "Provided, that the County will collect all
6 StAfflffiaFy information that is determined not to be exempt from public disclosure per RCW
7 42.56.610 and make it publicly available on the county's website. The summary information
8 shall be provided ... of a conservation farm plan."
9
10 The motion was seconded.
11
12 Browne suggested a friendly amendment, "... website. No farm plans will be
13 made public."
14
15 Weimer accepted the friendly amendment, "Provided, that the County will collect
16 all sungn9ary information that is determined not to be exempt from public disclosure per
17 RCW 42.56.610 and make it publicly available on the county's website. No farm plans will
18 be made public. The summary information shall be provided ... of a conservation farm plan."
19
20 Councilmembers and staff discussed the objective of capturing information and
21 whether presenting it to the public has a legitimate basis for insuring the County has an
22 effective program for protecting critical areas; what kind of information is allowed or
23 prohibited from being made public.
24
25 Weimer withdrew his motion and moved to amend 16.16.870(B) by deleting the
26 first sentence and replacing it with, "Provided that on the county's website, information
27 about which farms have approved farm plans, and when the last compliance review was
28 conducted. The summary information shall be...."
29
30 The motion was seconded.
31
32 Sidhu suggested a friendly amendment that no farm plans will be made public.
33
34 Weimer accepted the friendly amendment.
35
36 Linda Twitchell stated she would like to know what the County hopes to gain by
37 making it public which farms have farm plans and which don't have farm plans.
38
39 Dannon Traxler, agricultural groups representative, stated they strongly oppose this
40 proposed language. Staff needs to talk to legal counsel. The proposal could be exempt
41 from disclosure under the Public Records Act. The County doesn't have the authority to
42 broaden disclosure.
43
44 Councilmembers continued to discuss whether and how the language should include
45 compliance information and whether the CPAL program has made an impact on water
46 quality.
47
48 Weimer amended his motion, "Provided, that the County will collect summary
49 information related to the general location of a farming enterprise, the nature of the farming
50 activity, the specific best management practices to be implemented during the conservation
51 review process. The summary information shall be provided by the farm operator and his or
52 her designee... approval of the plan. Provide on the county's website information about
Special Committee of the Whole, 7/25/2017, Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
which farms have approved farm plans and the date the plan was accepted. Plans shall also
be subject to disclosure...."
Fred Likkel stated they should be careful about saying whether or not a farm plan is
current.
The motion was seconded.
The motion carried by the following vote:
Ayes: Sidhu, Browne, Buchanan, Weimer and Donovan (5)
Nays: Brenner (1)
Absent: Mann (1)
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 11:30 a.m.
*''The C�ur�cil app /Loved these minutes on September 26, 2017.
ATTEST'; AT C0•.'':! WHATCOM COUNTY COUNCIL
• WHATCOM COUNTY, WASHINGTON
( ) O��yy;itY
r F�
C)
Da -na Br'c% �' l aVik, �Coun "fl Clerk B uchanan, Council Chair
/ x \
11111'i1�\,�`�
Jill Nixon, Minutes Transcription
Special Committee of the Whole, 7/25/2017, Page 5