HomeMy WebLinkAboutSpecial Committee of the Whole February 13 20181 WHATCOM COUNTY COUNCIL
2 Special Committee of the Whole
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4 February 13, 2018
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7 CALL TO ORDER
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9 Council Chair Rud Browne called the meeting to order at 9:30 a.m. in the Council
10 Chambers, 311 Grand Avenue, Bellingham, Washington.
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13 ROLL CALL
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15 Present: Tim Ballew, Barbara Brenner, Rud Browne, Barry Buchanan, Tyler
16 Byrd, Todd Donovan, and Satpal Sidhu.
17 Absent: None.
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20 COMMITTEE DISCUSSION
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22 1. ORDINANCE (INTERIM) REPEALING ORDINANCE 2017 -057 AND ADOPTING
23 AMENDMENTS TO THE WHATCOM COUNTY COMPREHENSIVE PLAN AND
24 WHATCOM COUNTY CODE TITLE 15 (BUILDINGS AND CONSTRUCTION),
25 TITLE 20 (ZONING), TITLE 21 (LAND DIVISION REGULATIONS), AND TITLE
26 24 (HEALTH CODE), RELATING TO WATER RESOURCES (ORDINANCE
27 SCHEDULED FOR PUBLIC HEARING AND COUNCIL ACTION THIS EVENING)
28 (AB2018 -057A)
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30 Mark Personius, Planning and Development Services Department, gave a staff report.
31 He updated the Committee on Department of Ecology, which doesn't interpret their
32 authority in a way that would allow their rules to apply retroactively, to people who already
33 established their legal right to use, unless there is an adjudication process. Through
34 rulemaking, only Ecology can change the standards in the law. Until the update is done and
35 Ecology amends the Nooksack rule, no modifications can be done unless authorized by
36 Ecology. The Planning Commission will begin amendments at its February 22 meeting. The
37 State Environmental Policy Act (SEPA) determination comment period ends today at 4:00
38 p.m. Information on the SEPA determination of non - significance (DNS) will be posted
39 tomorrow. He answered questions.
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41 The following staff also answered questions:
42 d Tyler Schroeder, Executive's Office
43 Karen Frakes, Prosecutor's Office
44 Gary Stoyka, Public Works Department
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46 Councilmembers and staff discussed provisions for limiting the use of water;
47 evidence used to make the SEPA DNS determination; how to make sure people aren't
48 unduly burdened financially when seeking public water; the difference between the water
49 that well owners are allowed to use and the water they actually use; the difference between
50 a building permit and project permit; mitigations that can be done now, before the update is
51 done; whether funding is available for mitigation; the Planning Commission process;
52 extending water system service areas; making amendments to the Coordinated Water
53 System Plan (CWSP) and ordinance to lower the distance requirement from a public water
Special Committee of the Whole, 2/13/2018, Page 1
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service area; working with the Public Utility District (PUD) to augment the water supply in
the future; and appealing the decision of a water association or district.
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. ORDINANCE ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 2,
ADMINISTRATION AND PERSONNEL; TITLE 9, PUBLIC PEACE, MORALS AND
WELFARE; TITLE 15, BUILDING AND CONSTRUCTION; TITLE 16,
ENVIRONMENT; TITLE 20, ZONING; TITLE 21, LAND DIVISION
REGULATIONS; TITLE 23, SHORELINE MANAGEMENT PROGRAM; TITLE 24,
HEALTH; AND CREATING A NEW TITLE 22, LAND USE AND DEVELOPMENT
PROCEDURES, TO RELOCATE AND REVISE PROCEDURES FOR LAND USE AND
DEVELOPMENT RELATED PROJECT PERMITS AND LEGISLATIVE ACTIONS
CODE (AB2018 -056)
Mark Personius, Planning and Development Services Department, introduced the
ordinance. He submitted and read from a presentation (on file).
Amy Keenan, Planning and Development Services Department, continued the
presentation.
The following staff also answered questions
• Nick Smith, Planning and Development Services Department
• Royce Buckingham, Prosecutor's Office
Councilmembers and staff discussed the difference in fees between appeals to the
Council and appeals to Superior Court; holding in Committee for two weeks; Planning
Commission review for information only; changing vesting processes; the Council as the
employer of the Hearing Examiner; whether or not the Council should hold a public hearing;
and the substantive changes that should be addressed separately.
Browne moved to ask staff to rearrange the code with no changes, except for
clarifications on process timelines.
The motion was seconded.
Staff and councilmembers discussed the best process for moving the Code
amendments forward.
Browne amended his motion and moved to hold in Committee of the Whole.
The motion was seconded.
The motion carried by the following vote:
Ayes: Ballew, Browne, Buchanan, Byrd, Donovan, and Sidhu (6)
Nays: Brenner (1)
Browne stated he withdrew his previous motion to rearrange the Code.
Special Committee of the Whole, 2/13/2018, Page 2
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OTHER BUSINESS
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There was no other business.
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ADJOURN
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The meeting adjourned at 11:05 a.m.
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The Council approved these minutes on
April 10, 2018.
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ATTE=ST:' - • IVC .
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WHATCOM COUNTY COUNCIL
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WHATCOM- OUN , WASHINGTON
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Dana Brown- Dayis., Council Clerk
Rud Browne, Council Chair
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Jill Nixon, Minutes Transcription
Special Committee of the Whole, 2/13/2018, Page 3