HomeMy WebLinkAboutCommittee of the Whole Dec 7 2021Whatcom County
Council Committee of the Whole
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Committee Minutes - Final
Tuesday, December 7, 2021
3:25 PM
Virtual Meeting
VIRTUAL MEETING - ADJOURNS BY 4:45 P.M.; MAY BEGIN EARLY (TO
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OR CALL 360.778.5010)
COUNCILMEMBERS
Rod Browne
Barry Buchanan
Tyler Byrd
Todd Donovan
Ben Elenbaas
Carol Frazey
Kathy Kershner
CLERK OF THE COUNCIL
Dana Brown -Davis, C.M.C.
Council Committee of the Whole Committee Minutes - Final December 7, 2021
Call To Order
Roll Call
Present: 6 - Rud Browne, Barry Buchanan, Todd Donovan, Ben Elenbaas, Carol Frazey,
and Kathy Kershner
Absent: 1 - Tyler Byrd
Announcements
Special Presentation
1. AB2021-695 Presentation by the Whatcom Racial Equity Commission on project status
The following people presented:
• Heather Flaherty, Racial Equity Commission
• Shu-Ling Zhao, Racial Equity Commission
• Kristina Michele Martens, Racial Equity Commission
They answered questions about getting a tangible list of specific things that
Whatcom County government can do that can remove racial barriers, and
what would be the top three things on that list.
This agenda item was PRESENTED.
Committee Discussion
AB2021-714 Discussion of an ordinance granting Zayo Group, LLC, a franchise for the provision
of telecommunications services
Andrew Hester, Public Works Department, briefed the Councilmembers
and answered whether there is a point that we hit the capacity of how many
different providers can have right-of-way agreements like this, whether this
is a new agreement, whether ten years is a standard period of time for these
types of agreements, what the thought process is for reducing the term to
ten years, whether the 25 year term is listed on the County's application, and
whether it should be changed to ten years on the application by default.
Roger Simpson, Zayo Group, LLC, addressed the ten year term and whether
it is standard.
This agenda item was DISCUSSED.
2. AB2021-395 Discussion and periodic update of the Shoreline Management Program
Cliff Strong, Planning and Development Services Department, briefed the
Councilmembers, spoke about amendments that were made at the last
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Council Committee of the Whole Committee Minutes - Final December 7, 2021
Council meeting, and read from the staff memo (SMP Memo (dated
11.24.2021)), addressing the following previous amendment:
3. Amend Exhibit F (WCC Ch. 16.16) §16.16.900 (Definitions),
definition of "Qualified professional" or "qualified consultant,"
subsection (7) (pg. 128) to read: "Anyone who's professional
license is currently revoked or has had two (2) or more reports
denied by the Hearing Examiner within a 12-month period does not
meet the definition of a qualified professional or qualified
consultant."
He stated that staff recommends that Council revert the language of
subsection (7) to its existing language to read:
"Anyone who has had their professional licensure or certification
revoked for violations of the provisions of their profession does not
meet the definition of a qualified professional or qualified
consultant."
Donovan moved to revert to the original language as noted in section 3 of
the memo. The motion was seconded by Browne.
Councilmembers discussed the motion and Kershner stated she would like
to remove the entire subsection.
Staff answered questions about the language of subsection seven.
The motion carried by the following vote:
Aye: 5 - Frazey, Browne, Buchanan, Donovan, and Elenbaas
Nay: 0
Abstain: 1 - Kershner
Absent: 1 - Byrd
Strong requested the Council also acknowledge the two deletions
("Additional Staff Recommendations" items four and five as listed on the
memo) proposed by staff at a previous meeting.
Browne moved to amend the resolution as listed on the staff memo as items
four and five as follows:
4. Amend Exhibit D (WCC Title 23), §23.60.190, by deleting
subsection 17, definition of "short-term rental."
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Council Committee of the Whole Committee Minutes - Final December 7, 2021
5. Amend Exhibit D (WCC Title 23), §23.60.030 to replace the term
"short-term rental" with "vacation rental."
The motion was seconded by Donovan.
The motion carried by the following vote:
Aye: 6 - Kershner, Browne, Buchanan, Donovan, Elenbaas, and Frazey
Nay: 0
Absent: 1 - Byrd
This agenda item was DISCUSSED AND MOTIONS) APPROVED.
3. AB2021-648 Ordinance adopting amendments to WCC Title 20 (Zoning) regulating the production,
processing, and retail sales of recreational marijuana in Whatcom County and
repealing Ordinance No. 2021-066
Cliff Strong, Planning and Development Services Department, briefed the
Councilmembers.
Kershner moved approval but withdrew her motion since this is just a
discussion.
Councilmembers and Strong discussed that a public hearing was previously
held and the ordinance was already introduced.
Dana Brown -Davis, Clerk of the Council, answered a question about
whether the ordinance should be considered at the evening meeting.
Councilmembers and staff discussed the ordinance and concurred that it
should be scheduled for consideration c n January 11, 2021
This agenda item was DISCUSSED.
Items Added by Revision
Other Business
There were no agenda items added by revision.
Alison Calder, Point Roberts Community Advisory Committee, briefed the
Councilmembers regarding flood mitigation in Point Roberts and the use of
Point Roberts Transportation Benefit District (TBD) funds for this project.
Jim Karcher, Public Works Department, responded to Calder's comments,
stated TBD funds are specific about their use, and spoke about other issues
and solutions.
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Council Committee of the Whole Committee Minutes - Final December 7, 2021
Councilmembers and Karcher discussed what a "plan B" would be if TBD
Adjournment
funds cannot be used.
Christopher Quinn, Prosecuting Attorney's Office, stated he would
prioritize evaluating whether TBD funds can be used and stated there should
be an answer for the Council soon.
Councilmembers discussed taking a year-end Council Photo.
The meeting adjourned at 4:39 p.m.
The County Council approved these minutes on January 11, 2022.
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Kristi Felbinger, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
Ba uchanan, Council Chair
Whatcom County Page 4