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HomeMy WebLinkAboutSpecial Committee of the Whole June 13 2017WHATCOM COUNTY COUNCIL Special Committee of the Whole June 13, 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, 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, ARTICLE 9 — DEFINITIONS The following staff answered questions: • Cliff Strong, Planning and Development Services Department • George Boggs, Conservation District • Ryan Ericson, Planning and Development Services Department Staff and councilmembers discussed the following items: • Staff response to an email from Wendy Harris regarding best available science (BAS) • Whether and how they should protect critical aquifer recharge areas (CARAs) from agricultural pollution from 1,500 small farms in the county without farm plans, which are impacting the CARAs, but are not mentioned in Article 5 • Creating a new Article in the code for agricultural - related statutes and changing the membership of the Agricultural Advisory Committee • Possible processes for educating farm owners regarding problems and best management practices • Possibly contracting with the Conservation District to collect data on the number and types of small farms in the county Weimer moved to look at the septic system model for a self- reporting feedback loop within the high susceptibility CARAs. The motion was seconded. Browne suggested a friendly amendment that considers a broader range of participants to come up with a solution, such as the agricultural community, rather than just Special Committee of the Whole, 6/13/2017, Page 1 1 use the septic system model, "to eIN at the septie systern M I identify and engage all 2 relevant stakeholders." 3 4 Weimer accepted the friendly amendment. 5 6 Brenner stated the County must engage all relevant agricultural users. 7 8 Weimer restated the motion to ask staff to identify and engage all relevant 9 agricultural stakeholders for a self- reporting feedback loop. 10 11 Strong stated he understands that the motion is to request staff to create a draft 12 path forward for how they would put together a program to educate people on best 13 practices, and once Council agrees with the process, they would engage the stakeholders. 14 15 The Council concurred with Mr. Strong. 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 Donovan moved to amend 16.16.810, "A 22 Keeping horses and other large animals creates potential adverse impacts to critical areas 23 and to water quality. It is the County's policy to minimize such impacts." 24 25 The motion was seconded. 26 27 Brenner suggested a friendly amendment, "...It is the County's policy to 28 minimize stir potential impacts." 29 30 Donovan accepted the friendly amendment. 31 32 Donovan amended the motion to amend 16.16.810, "Agricultural operations, 33 including keeping horses and other large animals, create potential adverse impacts to 34 critical areas and water quality. It is the County's policy to minimize such potential 35 impacts." 36 37 The motion carried by the following vote: 38 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) 39 Nays: None (0) 40 Abstains: Brenner (1) 41 42 Brenner moved to amend 16.16.810(D), "Degradation of Riparian Areas. The 43 term ... and keep water cooler in summer. If it occurs, uncontrolled grazing reeves has the 44 potential to remove important riparian vegetation." 45 46 The motion was seconded. 47 48 The motion carried by the following vote: 49 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 50 Nays: None (0) 51 52 Brenner moved to amend 16.16.820(D)(1), "Type 1 low impact farm or livestock 53 operations." Special Committee of the Whole, 6/13/2017, Page 2 1 2 The motion was seconded. 3 4 Staff and councilmembers discussed identifying level of impact of a farm versus farm 5 size. 6 7 The motion failed by the following vote: 8 Ayes: Brenner (1) 9 Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) 10 11 Brenner moved to amend 16.16.820(D)(2)(a), "Type 2 operations are farms that 12 include, but are not limited to those that exceed one...." 13 14 The motion was seconded. 15 16 The motion carried by the following vote: 17 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 18 Nays: None (0) 19 20 Brenner moved to amend 16.16.830(B)(1), "Only on enge+ftg agricultural land 21 where such activities are a demonstrated to be an integral part of the end +n -g agriculture 22 use or part of routine maintenance; and." 23 24 The motion was seconded. 25 26 Councilmembers and staff discussed defining an active, ongoing agricultural status. 27 28 The motion failed by the following vote: 29 Ayes: Brenner (1) 30 Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) 31 32 Browne moved to amend 16.16.830(B)(1), "Only on ongoing agricultural land 33 where such activities are a demonstrated part of th - vffgvi-ngr a history of legal agriculture 34 use or part of routine maintenance; and." 35 36 The motion was seconded. 37 38 Sidhu suggested a friendly amendment to add language, "Other state or federal 39 rules may apply." 40 41 Browne accepted the friendly amendment. 42 43 Councilmembers and staff discussed historical uses and how the County is the 44 State's enforcement mechanism for the Growth Management Act. 45 46 Browne withdrew the motion. 47 48 Councilmembers stated they would like more information on the definition of ongoing 49 agriculture and historical agriculture. 50 51 52 Special Committee of the Whole, 6/13/2017, Page 3 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 11:00 a.m. The Gounciy,ppproved these minutes on September 26, 2017. AT1�T�`. -p7• .f1I'�,,° WHATCOM COUNTY COUNCIL • `� C�'• WHATCOM COUNTY, WASHINGTON TV �&ir'pk4- Die Bic�4 i eunciJ Berk Bar uchanan, Council Chair w cu)", 01111. Jill Nixon, Minutes Transcription Special Committee of the Whole, 6/13/2017, Page 4