HomeMy WebLinkAboutSpecial Committee of the Whole May 22 20181 WHATCOM COUNTY COUNCIL
2 Special Committee of the Whole
3
4 May 22, 2018
5
6
7 CALL TO ORDER
8
9 Council Chair Rud Browne called the meeting to order at 3:20 p.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 PROPOSED ORDINANCE ADOPTING AMENDMENTS TO
23 WHATCOM COUNTY CODE TITLE 2 ADMINISTRATION AND PERSONNEL;
24 TITLE 9 PUBLIC PEACE, MORALS AND WELFARE; TITLE 15, BUILDING AND
25 CONSTRUCTION; TITLE 16 ENVIRONMENT; TITLE 20 ZONING; TITLE 21
26 LAND DIVISION REGULATIONS; TITLE 23 SHORELINE MANAGEMENT
27 PROGRAM; TITLE 24 HEALTH; AND CREATING A NEW TITLE 22 LAND USE
28 AND DEVELOPMENT PROCEDURES; TO RELOCATE AND REVISE PROCEDURES
29 FOR LAND USE AND DEVELOPMENT RELATED PROJECT PERMITS AND
30 LEGISLATIVE ACTIONS (AB2018 -056)
31
32 The following Planning and Development Department staff submitted and read from
33 a presentation (on file) and answered questions:
34 . Amy Keenan
35 • Nick Smith
36
37 The following staff answered questions:
38 • Royce Buckingham, Prosecutor's Office
39
40 Brenner moved to amend 22.20.020, to be more specific than "any person" who
41 can request an interpretation of the code, "Anyene A person considering submitting a permit
42 application may request an interpretation...."
43
44 The motion was seconded.
45
46 Staff and councilmembers discussed allowing anyone who is seeking clarification; the
47 intent for anyone with a complex question; and to allow staff to see if the use complies with
48 the purpose statement, intent of a district, Comprehensive Plan policies, and other informal
49 determinations.
50
51 The motion failed by the following vote:
52 Ayes: Brenner (1)
53 Nays: Ballew, Browne, Buchanan, Byrd, Donovan, and Sidhu (6)
Special Committee of the Whole, 5/22/2018, 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
Sidhu moved to amend 22.05.160(1)(c), "-1-4 21 days." The motion was not
seconded.
Keenan stated timeline for appeal may be state law, and staff will look into it. She
continued with the 2nd and 3rd proposed amendments in the presentation.
Donovan moved to amend to remove subsections (i), (j), (k), and (1) of section
22.05.060(4) regarding vesting, as shown in the presentation. The motion was not
seconded.
Staff and Council discussed how vesting works, State laws regarding vesting, vesting
to the start of construction versus completion, whether commercial site plans vest.
Brenner moved to accept the staff's recommendation for Attachment A, Attachment
B, and 22.88.130 regarding major project permits, as shown in the presentation and on
Council packet pages 202 and 203.
The motion was seconded.
The following people spoke about vesting:
• Roger Almskaar stated don't remove subsections (i), (j), (k), and (1) of
section 22.05.060(4), which will subject one project to different rules, and
spoke about the cost of development and the benefits of vesting.
• Linda Twitchell stated vesting must be reasonable for completing a project for
financing reasons.
Councilmembers discussed providing certainty through vesting.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Donovan, and Sidhu (6)
Nays: None (0)
Absent: Byrd (out of the room) (1)
Donovan moved to amend to remove subsections (i), (j), (k), and (1) of section
22.05.060(4) regarding vesting, as shown in the presentation.
The motion was seconded.
Councilmembers discussed the water bodies covered by the shoreline regulations.
The motion failed by the following vote:
Ayes: Ballew, Buchanan, and Donovan (3)
Nays: Sidhu, Browne, Byrd, and Brenner (4)
Councilmembers discussed deleting the existing transfer of development rights
program and creating an alternative.
The Council concurred to introduce at the evening meeting and have a public
hearing in two weeks.
Councilmembers discussed the Council's meeting schedule and deadlines in section
22.05.120(4)(c).
Special Committee of the Whole, 5/22/2018, Page 2
1
2 Brenner moved to amend 22.05.120(4)(c), "Within 28 calendar days after the
3 hearing examiner's recommendation has been filed, unless Council has adjourned for a
4 break, the county council shall hold a public meeting, not an open record public hearing, to
5 deliberate...."
6
7 The motion was seconded.
8
9 The motion carried by the following vote:
10 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
11 Nays: None (0)
12
13
14 COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
15
16 1. ORDINANCE ESTABLISHING WHATCOM COUNTY CODE CHAPTER 2.126,
17 CREATING THE WHATCOM COUNTY BUSINESS AND COMMERCE ADVISORY
18 COMMITTEE (AB2018 -132A)
19
20 Sidhu gave a staff report on the substitute ordinance.
21
22 Councilmembers discussed the purpose of the associate development organization
23 (ADO).
24
25 Byrd moved to add members who represent agriculture and the energy industry to
26 replace two members from higher education institutions.
27
28 The motion was seconded.
29
30 Councilmembers discussed whether or not they should include educational
31 institutions to make sure they educate a qualified skilled labor force and existing
32 collaboration between education and industry.
33
34 Donovan moved to call the question.
35
36 The motion to call the question was seconded.
37
38 The motion to call the question carried by the following vote:
39 Ayes: Ballew, Browne, Buchanan, Byrd, Donovan, and Sidhu (6)
40 Nays: Brenner (1)
41
42 The motion failed by the following vote:
43 Ayes: Byrd and Brenner (2)
44 Nays: Ballew, Browne, Buchanan, Donovan, and Sidhu (5)
45
46 Brenner moved to allow audience members to speak.
47
48 The motion was seconded.
49
50 The motion to call the question carried by the following vote:
51 Ayes: Ballew, Buchanan, Byrd, and Brenner (4)
52 Nays: Browne, Donovan, and Sidhu (3)
53
Special Committee of the Whole, 5/22/2018, Page 3
1 Brett Bonner, Whatcom Business Alliance, spoke about their Youth Engagement
2 Initiative program.
3
4 Sidhu moved to recommend adoption of the substitute.
5
6 The motion was seconded.
7
8 Byrd moved to amend add membership for the agriculture and energy industries.
9
10 The motion was seconded.
11
12 The motion carried by the following vote:
13 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
14 Nays: None (0)
15
16 Donovan moved to amend to include a membership of the County Executive or
17 designee.
18
19 The motion was seconded.
20
21 Byrd suggested a friendly amendment that the education and government
22 representatives be non - voting.
23
24 Donovan accepted the friendly amendment.
25
26 The motion to amend carried by the following vote:
27 Ayes: Ballew, Brenner, Browne, Byrd, Donovan, and Sidhu (6)
28 Nays: None (0)
29 Absent: Buchanan (out of the room) (1)
30
31 The motion to recommend adoption as amended carried by the following vote:
32 Ayes: Ballew, Brenner, Browne, Byrd, Donovan, and Sidhu (6)
33 Nays: None (0)
34 Absent: Buchanan (out of the room) (1)
35
36 2. DIRECTION ON COMPREHENSIVE PLAN AMENDMENTS REQUESTED BY
37 COUNCIL THROUGH RESOLUTION 2018 -015 RELATING TO THE CHERRY
38 POINT URBAN GROWTH AREA (FROM MAY 8) (AB2018 -076C)
39
40 Brenner moved to allow audience members to speak on the issue.
41
42 The motion was seconded.
43
44 Brenner amended her motion and moved to always allow public comment at
45 Committee of the Whole meetings.
46
47 The motion was seconded.
48
49 Councilmembers discussed how to manage public comment at every Committee of
50 the Whole meeting.
51
52 Browne moved to call the question.
53
Special Committee of the Whole, 5/22/2018, Page 4
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
The motion to call the question was seconded.
The motion to call the question carried by the following vote:
Ayes: Ballew, Browne, Byrd, Donovan, and Sidhu (5)
Nays: Brenner (1)
Absent: Buchanan (out of the room) (1)
Brenner amended her motion and moved to allow people to speak for 10
minutes at today's meeting before the final vote.
Browne announced the motion failed 3 -3 with Buchanan absent.
Matt Aamot, Planning and Development Services Department, submitted and read
from a presentation (on fi /e) and answered questions.
Councilmembers discussed the conditional use process being self- supporting.
Browne stated this item is held in Committee.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 4:57 p.m.
The Council approved these minutes on July 10, 2018.
ATTEST V f " %. WHATCOM COUNTY COUNCIL
TRC C, UNTY, WASHINGTON
•,���' OAT • r
l � ; (3
Dc'i'Va Brp . s,,Council Clerk Rud Bra. ne, Council Chair
'•;BH�� R
rrr��
Jill Nixon, Minutes Transcription
Special Committee of the Whole, 5/22/2018, Page 5