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HomeMy WebLinkAboutSpecial Committee of the Whole AM April 24 20181 WHATCOM COUNTY COUNCIL 2 Special Committee of the Whole 3 4 April 24, 2018 5 6 7 CALL TO ORDER 8 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. 11 12 13 ROLL CALL 14 15 Present: Tim Ballew, Barbara Brenner, Rud Browne, Barry Buchanan, Tyler 16 Byrd, Todd Donovan, and Satpal Sidhu. 17 Absent: None. 18 19 20 COMMITTEE DISCUSSION 21 22 1. DISCUSSION OF A PROPOSED ORDINANCE REPEALING ORDINANCE 23 NOS. 2018 -001 AND 2018 -005 AND ADOPTING AMENDMENTS TO THE 24 WHATCOM COUNTY COMPREHENSIVE PLAN AND THE WHATCOM 25 COUNTY CODE TITLE 15 BUILDINGS AND CONSTRUCTION, TITLE 20 26 ZONING, TITLE 21 LAND DIVISION REGULATIONS, AND TITLE 24 27 HEALTH CODE, RELATING TO WATER RESOURCES AND 28 IMPLEMENTING ESSB 6091 (ORDINANCE SCHEDULED FOR 29 INTRODUCTION THIS EVENING) (AB2018 -129) 30 31 Cliff Strong, Planning and Development Services Department, submitted and read 32 from a presentation (on file). 33 34 The following staff also answered questions: 35 • John Wolpers, Health Department 36 • Jack Louws, County Executive 37 0 Mark Personius, Planning and Department Director 38 • Gary Stoyka, Public Works Department 39 9 Tyler Schroeder, Executive's Office 40 41 Staff answered questions and councilmembers discussed why rainwater catchments 42 can be approved for legal availability, Health Department inspections of well sites, the cost 43 of Health Department single family well site review, whether a homeowner should be 44 responsible for installing a well in a bad location, how to prevent a homeowner's well from 45 being drilled in a location that may impact a neighboring property in the future, and adding 46 a disclosure to the permit process that indicates a misplaced well could result in having to 47 relocate the well. 48 49 Byrd moved to make optional, not required, a site inspection for single family 50 residence private well in Whatcom County Code (WCC) 24.11.090. 51 52 The motion was seconded. Special Committee of the Whole (AM), 4/24/2018, Page 1 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 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Brenner moved to hold this agenda item in committee. The motion was seconded. The motion to hold in committee failed by the following vote: Ayes: Brenner (1) Nays: Byrd, Ballew, Browne, Buchanan, Donovan, and Sidhu (6) Byrd amended his motion and moved to allow a homeowner the option of having a Health Department inspection or taking responsibility and liability for any possible results of not having the inspection. The motion was seconded. The motion failed by the following vote: Ayes: Brenner and Byrd (2) Nays: Ballew, Browne, Buchanan, Donovan, and Sidhu (5) Strong continued the presentation on Comprehensive Plan amendments and staff answered questions on how to amend the Comprehensive Plan without docketing, the primary functions of the water resources inventory area (WRIA) 1 Watershed Management Board as shown on packet page 25, the lead entity for salmon recovery efforts, representation on the Planning Unit, and the roles of the Watershed Management Board and the Planning Unit in making water - related decisions. Board. Donovan moved to amend: • Amend the language above the new policy 10F -11, "So as to indicate Whatcom County's commitment to working with the Planning Unit and Watershed Management Board...." • Amend Policy 10F -11, Pursuant to ESSB6091, Whatcom County will work through the Planning Unit and the WRIA 1 Watershed Management Board...." The motion was seconded. Councilmembers discussed the role of the Planning Unit and Watershed Management Browne moved to call the question. The motion was seconded. The motion to call the question carried by the following vote: Ayes: Ballew, Browne, Buchanan, Donovan, and Sidhu (5) Nays: Brenner and Byrd (2) The motion to amend carried by the following vote: Ayes: Ballew, Brenner, Browne, Buchanan, Donovan, and Sidhu (6) Nays: None (0) Abstains: Byrd (1) Councilmembers continued to discuss the roles of the Planning Unit and the Watershed Management Board. Special Committee of the Whole (AM), 4/24/2018, Page 2 1 2 Brenner moved to amend language in 21.05.080 for short- and long- subdivisions 3 so that if someone is outside a water purveyor service area, the requirement to seek service 4 from the water purveyor be totally voluntary, not required, on the part of both parties. 5 6 The motion was seconded. 7 8 The motion carried by the following vote: 9 Ayes: Brenner, Byrd, Ballew, Browne, Buchanan, Donovan, and Sidhu (7) 10 Nays: None (0) 11 12 Browne moved to recommend introduction at the evening meeting. 13 14 The motion was seconded. 15 16 The motion carried by the following vote: 17 Ayes: Ballew, Browne, Buchanan, Donovan, and Sidhu (5) 18 Nays: Brenner and Byrd (2) 19 20 Brenner moved to add language in 21.05.080, "If the service area is within or a 21 half mile from the service area, protect the applicant /property owner from unreasonable 22 costs if the service lines, no matter where the person is, are not in a reasonable area." 23 24 The motion was seconded. 25 26 Roger Almskaar, land use consultant, submitted a handout (on file) and stated 27 amend 24.11.050(C)(4) to add exceptions as shown in his handout. 28 29 Brenner amended her motion and moved to add language, "If the cost to the 30 applicant for one lot is not reasonable compared to the average cost of property owners in 31 the service area." 32 33 Byrd seconded the amended motion. 34 35 Staff and councilmembers discussed bringing forward amendments to the Health 36 Code, Title 24.11, outside the ESSB 6091 process. The administration will bring forward 37 code amendments to Title 24.11, through a review of the Coordinated Water System Plan, 38 in a separate ordinance to the Council Planning Committee within four weeks. 39 40 Brenner withdrew her motion to amend. 41 42 43 COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL 44 45 1. RESOLUTION RECOGNIZING THE ROLES AND DUTIES OF WHATCOM 46 COUNTY, THE WRIA 1 PLANNING UNIT, AND THE WRIA 1 47 INITIATING GOVERNMENTS REGARDING WATER RESOURCES 48 PLANNING UNDER RCW 90.82 AND ESSB 6091 (AB2018 -114) 49 50 Jack Louws, County Executive, submitted and referenced a staff report and proposed 51 an alternate version of the proposed resolution (on file). 52 Special Committee of the Whole (AM), 4/24/2018, Page 3 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 Councilmembers and staff discussed sending the resolution to the Planning Unit and the role of the County Council, Watershed Management Board, and Planning Unit. Brenner moved to hold to the next meeting. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Donovan, Buchanan, and Byrd (5) Nays: Browne and Ballew (2) OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 11:27 a.m. The Co,ur}cij approved these minutes on May 8, 2018. ATTEST(\) C_;Z Da4) a Brown- Davis, Council, -tlerk Jill Nixon, Minutes Transcription WHA OM COUNTY COUNCIL WHA C M C , WASHINGTON Rud Browne, Council Chair Special Committee of the Whole (AM), 4/24/2018, Page 4