HomeMy WebLinkAboutSpecial Committee of the Whole May 11 20101
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WHATCOM COUNTY COUNCIL
Special Committee Of The Whole
May 11, 2010
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 1:00 p.m. in the Council
Conference Room, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken
Mann, L. Ward Nelson and Carl Weimer
Absent: None
COMMITTEE DISCUSSION
1. DISCUSSION OF A DRAFT ORDINANCE AMENDING ORDINANCE 2009 -071,
THE OFFICIAL WHATCOM COUNTY ZONING MAP, AND COUNTY
COMPREHENSIVE PLAN AND MAPS, TO IMPLEMENT CHANGES RELATED TO
COMPLETION OF THE 10 -YEAR REVIEW OF THE URBAN GROWTH AREAS
REQUIRED UNDER THE GROWTH MANAGEMENT ACT, SPECIFICALLY THE
UGAS OF BIRCH BAY, FERNDALE, NOOKSACK AND SUMAS (AB2010 -054C)
(1 :02 :04 PM)
Crawford stated the State Department of Commerce needs 60 days to review this
ordinance. The option is to introduce this tonight and hold a hearing in two weeks or to
wait until July to have the hearing. He prefers the second option. The ordinance as
presented looks like what they've talked about.
David Stalheim, Planning and Development Services Department Director, gave a
staff report. If the Council approves of this ordinance, he can send it to the State
Department of Commerce tomorrow to begin the 60 -day clock. He described the changes
staff made to the ordinance and submitted a handout (on file).
Discussion included why there were no changes to the County's population
projections; adding acreage only after acreage was removed in November; when to hold a
hearing; how they can change the population forecasts to get the result they want; the
effects on people of restricting growth in the urban areas; the City of Bellingham regulation
to prepare a proposal for a population projection, and; other appellants that are still in
settlement, and; asking the Hearings Board for an extension.
Crawford asked if this is the ordinance that the majority of the Council wants to
introduce. The councilmembers generally agree that there are no glaring differences
between what the Council approved and what the staff prepared. Wait until July, after the
Department of Commerce reviews it, to schedule a public hearing. They seem to have
consensus to introduce the ordinance tonight, with the exception of general concerns by
some councilmembers that this is not an appropriate action. (1 :24 :28 PM) They will
introduce this ordinance at the evening meeting. The public hearing will be after the State
Special Committee of the Whole, 5/11/2010, Page 1
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Department of Commerce review period closes, in July. He moved to have a public hearing
on the ordinance on July 13, after the State Department of Commerce review period.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Nelson (6)
Nays: Weimer (1)
2. DISCUSSION REGARDING THE PROPOSED ORDINANCE AMENDING
WHATCOM COUNTY CODE 2.02, COUNTY COUNCIL (AB2010 -143A)
2.02.030
Brenner moved to amend 2.02.030, as a new item that shall become subsection B,
and renumber the remaining items, °B. A nominated councilmember shall be allowed to vote
for other nominees
Nelson suggested a friendly amendment to add language at the end of the
subsection, "...other nominees as long as there are no conflicts of interest."
Brenner did not accept the friendly amendment. That is already in the law in
another part of the County Code.
Mann stated he originally brought it up that this wouldn't be allowed. Then they had
the Ethics Commission hearing, which ruled that it's okay. A majority of the Council
indicated it's okay for another councilmember to vote on other nominees. (1:34:30 PM) He
will vote to go along with this. It's more helpful to have clarity and as much agreement as
possible on this. They've debated the issue enough. He's happy to acquiesce and lend his
support.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Kershner and Nelson (5)
Nays: Weimer (1)
Absent: Knutzen (out of the room) (1)
2.02.030(5)
There was discussion on how they define quorum and majority, and if there is a
difference in the County Code; what would happen if the Council permanently loses four or
five councilmembers; whether proposed language conflicts with the Charter, and; how long
to allow the Executive time to make an appointment to a Council vacancy.
Brenner moved to amend 2.02.030(B), ° -BC. If at any time, by virtue of vacancies
on the council, the membership of the council is reduced below that nerngally required to
constitute a quorum, the council may nevertheless fill the vacancies by an affirmative roll
call vote by a majority of the entire remaining council."
Crawford suggested a friendly amendment to include the old item (C) as item
Brenner accepted the friendly amendment, amended her motion, and moved to
amend 2.02.030(B), °BC. If at any time, by virtue of vacancies on the council, the
membership of the council is reduced below that ReFmally required to constitute a quorum
Special Committee of the Whole, 5/11/2010, Page 2
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(four members), the council may nevertheless fill the vacancies by an affirmative roll call
vote by a majority of the entire remaining council. 6D. If a council vacancy... of the council."
Weimer suggested a friendly amendment to deal with item 2.02.030(D)
separately.
Brenner accepted the friendly amendment.
Crawford restated the motion to amend 2.02.030(B), " -BC. If at any time, by
virtue of vacancies on the council, the membership of the council is reduced below that
neFinally required to constitute a quorum (four members), the council may nevertheless fill
the vacancies by an affirmative roll call vote by a majority of the entire remaining council."
The motion carried by the following vote:
Ayes: Brenner, Crawford, Knutzen, Kershner and Weimer (5)
Nays: Mann and Nelson (2)
Weimer moved to amend 2.02.030(C), "6D. If a council vacancy remains unfilled
for a period of 30 days because of the inability of the council to make the appointment, the
vacancy shall be filled within 10 days by the county executive from among those persons
nominated by the members of the council."
Kershner suggested a friendly amendment to allow the executive 30 days to
make an appointment.
Weimer amended his motion to allow the executive until 45 days after the
vacancy, "6D. If a council vacancy remains unfilled for a period of 30 days because of the
inability of the council to make the appointment, the vacancy shall be filled within 15
additional days by the county executive from among those persons nominated by the
members of the council."
Brenner stated that this is not enough time for the Executive to interview all
applicants if there are as many as they just got.
The motion carried by the following vote:
Ayes: Mann, Crawford, Knutzen and Weimer (4)
Nays: Brenner, Kershner and Nelson (3)
2.02.040
Crawford moved to amend 2.02.040(A), "...council and its committees shall...."
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Nelson and Weimer (7)
Nays: None (0)
Discussion included section 2.02.040(F) and a potential amendment to allow
conducting business with fewer than four members of the council; whether it goes too far,
and; whether adding any language adds clarity.
Knutzen moved to amend 2.02.040(L), "When addressing the eeuneil During an
open session...."
Special Committee of the Whole, 5/11/2010, Page 3
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The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Nelson and Weimer (7)
Nays: None (0)
Knutzen moved to amend 2.02.040(N), "...boisterous while
attending a council or council committee meeting may be requested... before the council
during that eeuneil meeting."
Nelson stated he has an amendment to (N) also.
Knutzen withdrew his motion.
Nelson moved to amend (N), '...during that council meeting. Placards and /or signs
shall not be allowed in the Council Chambers." It allows greater flexibility of freedom of
speech so everyone feels comfortable and they have a fair hearing. This is not a football
game, but a serious venue to listen to all opinions.
Dana Brown - Davis, Clerk of the Council, stated that may be done through an
executive order.
Crawford stated they will come back to Councilmember Nelson's motion.
2.02.060
Crawford moved to amend 2.02.060(A), °A. Any councilmember...."
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Nelson and Weimer (7)
Nays: None (0)
Brenner moved to delete 2.02.060(E) and renumber the remaining items.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Nelson and Weimer (7)
Nays: None (0)
Mann moved to amend 2.02.060( #G), "...is not debatable, and requires a twe thirds
affirmative vete --ef the— eeHneil requires an affirmative vote by two - thirds of the
councilmembers in attendance. The motion to close debate...."
Brenner stated the super- majority should not be able to stifle the minority.
The motion carried by the following vote:
Ayes: Mann, Crawford, Kershner, Nelson and Weimer (5)
Nays: Brenner (1)
Absent: Knutzen (out of the room) (1)
2.02.065
Crawford moved to amend 2.02.065(C), °C. The chair shall preserve order and is
responsible for controlling and expediting debate. Any mengbeF whe fails eF Fefuses ...
the entmFe eeuineil. if
Special Committee of the Whole, 5/11/2010, Page 4
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The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Kershner, Nelson and Weimer (6)
Nays: None (0)
Absent: Knutzen (out of the room) (1)
2.02.070
Mann moved to amend 2.02.070(A), "At its first committee of the whole or regular
council meeting in January, the council shall schedule its annual reorganization. At this
meeting, the council shall eleet by Fell eall vete ef a n9ajeFity ef the full eeHneil elect the
chair, vice - chair, the executive pro tempore and the members of all standing committees,
each by an affirmative roll -call vote by a majority of the entire council, or by general
consent when applicable. Prior to each...."
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Kershner, Nelson and Weimer (6)
Nays: None (0)
Absent: Knutzen (out of the room) (1)
2.02.080
Mann moved to amend 2.02.080(A), "...to be determined
of the eoi by an affirmative vote by a majority of the entire council. The committee
members...."
Kershner suggested a friendly amendment, "...to be determined by n9ajeFity Fell
^," vete of the eE)uR ' by an affirmative roll call vote of the entire council. The committee
members...."
Mann accepted the friendly amendment.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Nelson and Weimer (7)
Nays: None (0)
r
•1[IIAIT.I t
Nelson moved to amend to add a new 2.02.040(N) and renumber the next item,
"N. Placards and /or signs shall not be allowed in the Council Chambers without consent of
the Chair. NO. Any person making personal...."
There was discussion about freedom of speech and creating an environment in the
Chambers that doesn't intimidate anyone from speaking.
Kershner suggested a friendly amendment, "N. Placards, and/e signs,
applause, or other distractions shall not be allowed in the Council Chambers without the
consent of the Chair. -NO. Any person making personal...."
Nelson accepted the friendly amendment.
The motion carried by the following vote:
Ayes: Mann, Crawford, Kershner, Nelson and Weimer (5)
Nays: None (0)
Special Committee of the Whole, 5/11/2010, Page 5
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Abstain: Brenner and Knutzen (2)
Knutzen moved to amend (N), "-NO.... boisterous while addressing the Council
attending a council or council committee meeting may be requested... before the council
during that eet veil meeting."
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Nelson and Weimer (7)
Nays: None (0)
2.02.080
Kershner moved to reconsider and amend 2.02.080(A), "...to be determined by
by an affirmative rell eall vote of the entire council. The
committee members...."
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Nelson and Weimer (7)
Nays: None (0)
2.02.090
Mann moved to amend 2.02.090 as in the packet, "...committees on which, by law,
members of the legislative body are required to sit shall be determined by
to of the ce nem! an affirmative vote by a majority of the entire council, or by general
consent when applicable. Councilmembers who are appointed... determined by a majority
Fell eall . ete of the ,.,,une;l an affirmative vote by a majority of the entire council."
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Nelson and Weimer (7)
Nays: None (0)
Brenner moved to amend to add language to the end of 2.02.090, "...or by general
consent when applicable."
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Nelson and Weimer (7)
Nays: None (0)
2.02.095
Mann moved to amend 2.02.095(B), "The council may, by majority vote by an
affirmative roll -call vote by a majority of the entire council, remove any council- appointed
member of a board, commission, or committee."
There was discussion about removing committee or board member only if there is a
good cause; consistency with Whatcom County Code (WCC) 2.03.025 (2:53:10 PM); the
purpose of 2.02.095 being about administrative or legislative functions; whether changes
would affect boards or commissions that have administrative or legislative functions, such
as the Planning Commission;
Brown -Davis stated she would look into the reason for WCC 2.02.095(B).
Special Committee of the Whole, 5/11/2010, Page 6
Crawford suggested a friendly amendment to amend the title of 2.02.095,
"...and committees which exercise administrative or legislative functions."
Mann accepted the friendly amendment.
Crawford stated they must answer the question how this affects Planning
Commission appointments at the next Committee of the Whole meeting. Review the
Revised Code of Washington (RCW 36.70.110).
Knutzen moved to hold this motion in Committee.
The Committee concurred.
Crawford stated they would hold Councilmember Mann's motion to the next meeting.
3. DISCUSSION REGARDING THE PROPOSED ORDINANCE AMENDING
WHATCOM COUNTY CODE 2.03, BOARDS AND COMMISSIONS (AB2010-
143B)
This Committee did not discuss this item.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 2:59 p.m.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council@�omhatcomma.us
Dana Brown - Davis, Council Clerk Sam Crawford, Council Chair
Special Committee of the Whole, 5/11/2010, Page 7