HomeMy WebLinkAboutSpecial Committee of the Whole November 21 2017WHATCOM COUNTY COUNCIL
Special Committee of the Whole
November 21, 2017
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 2:27 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. DISCUSSION REGARDING PROPOSED RESOLUTION ADOPTING THE 2018
BUDGET FOR THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT AND
SUBZONES (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BOARD OF SUPERVISORS) (PROPOSED RESOLUTION WAS
INTRODUCED ON NOVEMBER 8; IF AMENDED, COUNCIL WILL INTRODUCE A
NEW VERSION THIS EVENING) (AB2017 -321)
- AND -
2. DISCUSSION REGARDING PROPOSED RESOLUTION AUTHORIZING THE LEVY
OF TAXES FOR THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT
FOR 2018 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BOARD OF SUPERVISORS) (PROPOSED RESOLUTION WAS
INTRODUCED ON NOVEMBER 8; IF AMENDED, COUNCIL WILL INTRODUCE A
NEW VERSION THIS EVENING) (AB2017 -331)
Gary Stoyka, Public Works Department, submitted a handout of level of service
options (on file), gave a staff report, and answered questions.
The following staff also answered questions:
• Jon Hutchings, Public Works Department Director
Staff and Councilmembers discussed using the flood fund just for flood issues; using
the flood tax for other projects as allowed, which may be misleading to the public; fees
versus taxes; adjusting the level of service; and adding language to the levy resolution
similar to the last whereas on Council packet page 479, which demonstrates that the County
is allowed to pay for stormwater management and water resources from the flood fund, per
the Revised Code of Washington (RCW).
Weimer moved to amend the flood levy resolution (AB2017 -331) to raise the flood
levy by a minimum of $1 million per year.
Special Committee of the Whole, 11/21/2017, Page 1
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The motion was seconded.
Brenner suggested a friendly amendment to put the increase on the ballot.
Weimer did not accept the friendly amendment.
Councilmembers discussed how much revenue would be raised if the County forms a
Lake Whatcom stormwater service area; whether residents in the city of Bellingham receive
any benefit from the flood fund; options for funding a large flood event; and whether the
flood fund is reliant on funds from the state's capital budget.
Browne suggested a friendly amendment to raise the flood levy by $1.2 million
per year.
Weimer accepted the friendly amendment.
The motion to amend carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: Brenner (1)
Donovan moved to recommend Introduction of the levy resolution (AB2017 -331)
as amended to the Board of Supervisors.
The motion was seconded.
The motion to Introduce as amended carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: Brenner (1)
Donovan moved to further amend the levy resolution (AB2017 -331) to add a
Whereas statement, "Whereas RCW 86.15 and RCW 39.34.190 authorize expenditures to
pay for flood control stormwater management and other water resource work consistent
with the powers of the district."
The motion to amend was seconded.
The motion to amend carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: Brenner (1)
Donovan moved again to introduce the levy resolution (AB2017 -331) as amended.
The motion was seconded.
The motion to amend carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: Brenner (1)
3. DISCUSSION REGARDING A PROPOSED ORDINANCE AMENDING WHATCOM
COUNTY CODE CHAPTER 16.16 (CRITICAL AREAS) AND WHATCOM COUNTY
CODE CHAPTER 23.10 (SHORELINE MANAGEMENT PROGRAM — PURPOSE
AND INTENT) PERTAINING TO THE PROTECTION AND REGULATION OF
ENVIRONMENTALLY CRITICAL AREAS (AB2016 -276L)
Special Committee of the Whole, 11/21/2017, Page 2
The following staff answered questions:
• Cliff Strong, Planning and Development Services Department
• Ryan Ericson, Planning and Development Services Department
Brenner moved to amend 16.16.710(2), (3), and (5):
2. Areas in which federally listed species are found, or have a primary association
with,r�� ° :' �`�'^ ` �" "�" F ^ralc!- listen;rr as listed in the US Fish &
Wildlife's Threatened & Endangered Species List or Critical Habitat List
(http: / /ecos.fws.gov /ecp /), as amended.
3. Areas in which state listed priority species are found, or have a primary
association with, or cefltain ^"Aa6Ie#a,6#- a-rW-fe~ said listed speei es; as listed in the
Washington Department of Fish and Wildlife's Priority Habitats and Species list
(http: / /wdfw.wa.gov /mapping /phs/ or
http: / /wdfw.wa.gov /conservation /phs /list /), as amended.
5. Areas in which state - listed rare plant species are found, er contain suitable
t4e, listed speei.cc; as listed in the Department of Natural Resources'
Natural Heritage Program ( http: // wwwl. dnr. wa .gov /nhp /refdesk /plants.html), as
amended.
The motion was seconded.
Councilmembers and staff discussed federal listing of habitat for listed species;
whether the State requires the County to protect these areas, regardless of whether or not
the clause is in the Code; the material impacts of the regulation; and what happens in
habitat conservation areas (HCAs).
The motion failed by the following vote:
Ayes: Brenner, Donovan, and Sidhu (3)
Nays: Mann, Browne, Buchanan, and Weimer (4)
Brenner moved to amend the definitions, "'Clearing" means deStFuetlen removal of
vegetation by manual, mechanical, or chemical methods resulting in exposed soils."
The motion was seconded.
Councilmembers and staff discussed the problem with the word "destruction."
The motion failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Browne, Buchanan, Weimer, Donovan, and Sidhu (6)
Councilmembers and staff discussed the definition of "ongoing agriculture," working
with the farming community, the timeline for completing and adopting the ordinance, and
revising the definition.
Dannon Traxler, attorney, submitted her response to the staff's recommendation (on
file) and spoke about reclassification of agricultural land and creating a proposal for the
Council in conjunction with the agricultural community within six months. Retain the
revised definition of ongoing agriculture proposed by Councilmember Browne.
Special Committee of the Whole, 11/21/2017, Page 3
1 Browne moved to recommend approval of the ordinance as amended, with the
2 understanding they will address the ongoing agriculture issue not later than June 30, 2018.
3 The motion was not seconded.
4
5 Donovan moved to revert to the existing definition of "ongoing agriculture,"
6 " "Ongoing agriculture" means those activities conducted on lands defined in RCW
7 84.34.020(2), and those activities involved in the production of crops and livestock,
8 including, but not limited to, operation and maintenance of existing farm and stock ponds or
9 drainage ditches, irrigation systems, changes between agricultural activities, and
10 maintenance or repair of existing serviceable structures and facilities. Activities that bring
11 an area into agricultural use are not part of an ongoing activity. An operation ceases to be
12 ongoing when the area on which it was conducted has been converted to a nonagricultural
13 use, or has lain idle for more than five consecutive years unless that idle land is registered
14 in a federal or state soils conservation program. Forest practices are not included in this
15 definition."
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17 The motion was seconded.
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19 The motion carried by the following vote:
20 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
21 Nays: Brenner (1)
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23 Browne moved to amend the ordinance to include the following language in Section
24 3 as proposed by Ms. Traxler, "Planning and Development Services staff shall work directly
25 with the agriculture community to develop creative solutions that would allow farmers to
26 maintain or attain ongoing agriculture status pursuant to applicable laws, through extensive
27 educational outreach, town hall meetings, and the like. Proposed code amendments to the
28 Critical Areas Ordinance shall be processed with all due haste, but the first proposal shall be
29 brought to Council for consideration no later than July 1, 2018."
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31 The motion was seconded.
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33 Councilmembers and staff discussed whether the agricultural community or the
34 County must take the lead to develop the definition; and allowing the agricultural
35 community to come up with solutions beyond the definition of ongoing agriculture.
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37 Browne amended his motion and moved to include the following language in
38 Section 3 as proposed by Ms. Traxler, "Planning and Development Services staff shall work
39 directly with the agriculture community to develop creative solutions that would allow
40 farmers to maintain or attain ongoing agriculture status pursuant to applicable laws,
41 three- h extensive educati0flal aeh,-4ewsrh eetgngc and the like. Proposed code
42 amendments to the Critical Areas Ordinance related to ongoing agriculture shall be
43 processed with all due haste, but the first proposal shall be brought to Council for
44 consideration no later than July 1, 2018."
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46 The motion was seconded.
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48 Councilmembers, staff, and Ms. Traxler continued to discuss public education and
49 engaging the farming community.
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Special Committee of the Whole, 11/21/2017, Page 4
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The motion to amend carried by the following vote:
Ayes: Sidhu, Browne, Buchanan, Weimer and Donovan (5)
Nays: Brenner (1)
Absent: Mann (out of the room) (1)
Buchanan stated the amended ordinance will be Introduced at the evening Council
meeting.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 4:05 p.m.
The Council approved these minutes on February 27, 2018.
ATTEST: 04.9
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Dana Ur" l 1F� .Courr`cll Clerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
a y cha an, Council Chair
Special Committee of the Whole, 11/21/2017, Page 5