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HomeMy WebLinkAboutCommittee of the Whole Dec 5 2023Whatcom 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 5, 2023 2:20 PM Hybrid Meeting HYBRID MEETING - ADJOURNS BY 4:30 P.M., MAY BEGIN EARLY (PARTICIPATE IN -PERSON, SEE REMOTE JOIN INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010), AGENDA REVISED 12.5.2023 COUNCILMEMBERS Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. Council Committee of the Whole Committee Minutes - Final December 5, 2023 Call To Order Roll Call Council Chair Barry Buchanan called the meeting to order at 3:02 p.m. in a hybrid meeting. Present: 7 - Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey, Kaylee Galloway, and Kathy Kershner Announcements Committee Discussion 1. AB2023--785 Discussion with Public Works staff regarding upcoming telecommunication franchise agreements with the Public Utility District No. 1 and the Port of Bellingham Andrew Hester, Public Works Department, briefed the Councilmembers on upcoming franchise agreements and stated the applicants are asking that we do not charge a franchise fee and requesting a longer term (25 years) than is typical (10 years) for telecommunication franchises. The Executive's Office has stated they are in support of both requests. The introduction of the related ordinance will likely be later in January with a hearing in February. Galloway requested that they include the coordination of construction activities clause, if applicable, as they have done in other agreements. The following people discussed the item with Councilmembers: • Andrew Hester • Kayla Schott-Bresler, Strategic Initiatives Special Programs Manager • Christopher Quinn, Prosecuting Attorney's Office • Satpal Sidhu, County Executive They discussed whether this is the fiber that after "x" amount of years is going to get turned over to Ziply, the fact that the Port of Bellingham and the PUD will have their own separate leasing agreements with service providers, the support of the Executive's Office for not charging the franchise fee, a request that the Council revisit the franchise lease agreement at the time the infrastructure is turned over to the provider, and whether renegotiation of the terms of the franchise could happen at that time. This agenda item was DISCUSSED. mudcom County Page 1 Council Committee of the Whole Committee Minutes - Final December 5, 2023 Committee Discussion and Recommendation to Council 1. A 2023-775 Ordinance amending Whatcom County Code Chapter 2.03, Boards and Commissions Galloway stated they are considering the "Revised Substitute Ordinance (for 12.5 Consideration)" and stated this is an ordinance that would remove the citizenship and registered voter requirements to be eligible to participate in the various boards, committees, commissions, and task forces, it rebrands them to advisory groups, includes updates related to definitions around quorum, and removes gendered language. Councilmembers discussed why the district requirements for the Planning Commission were taken out of this section of code and whether that district representation would still be in the enabling code for that commission, concerns that this may allow people to be on a board for a place like Point Roberts even if they do not live there, whether it creates a situation in which a committee could be controlled by people who live in different states, and whether there is a middle ground where the code requires members to be registered voters but allows for exemptions. Jill Nixon, Council Office Staff, answered whether the terms of "boards, commissions, and committees" have legal definitions behind them that align with either our code or State or Federal code. Donovan moved and Buchanan seconded that the Ordinance be RECOMMENDED FOR ADOPTION. Councilmembers and Nixon discussed how they would know whether an address an applicant gives is the house they are living in and not a rental, whether applicants may not be authentic in their answers on the application, whether Councilmembers should reach out to applicants to verify legitimacy, and how the code language could be reworded to say an applicant should live primarily in Whatcom County or the application reworded to add a statement that the applicant verifies the information they provided on their application is true. Donovan's motion that the Ordinance be RECOMMENDED FOR ADOPTION carried by the following vote: Aye: 5 - Buchanan, Byrd, Donovan, Frazey, and Galloway Nay: 2 - Elenbaas, and Kershner 2. A B202.3 778 Ordinance submitting to the qualified voters of Whatcom County a proposal to amend Whatcom County Charter Section 4.30 to expand the standards for conflict of Whatcom County Page 2 Council Committee of the Whole Committee Minutes - Final December 5, 2023 interest Kershner briefed the Councilmembers and stated this would go to the voters. Elenbaas stated he does not support any Council -generated Charter amendments. Frazey moved and Kershner seconded that the Ordinance be RECOMMENDED FOR ADOPTION. Frazey stated this is a great thing to put out to the voters. Frazey's motion that the Ordinance be RECOMMENDED FOR ADOPTION carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner Nay: 1 - Elenbaas 3. AB2023791 Resolution to establish an independent review of countywide fire and EMS structures Frazey briefed the Councilmembers and directed them to look at Exhibit C of the memo. Mark Lann, Fire District 4 Commissioner, spoke about Exhibit C and stated Whatcom County fire representatives need to be involved in the process and asked that this topic be tabled until a more collaborative process can be established involving partnership with Whatcom County fire services. Frazey stated this is just the start of the community conversation. Donovan moved and Galloway seconded that the Resolution be RECOMMENDED FOR APPROVAL. Cathy Halka, Council Legislative Analyst, answered what type of firm does this sort of work. Galloway moved to amend the resolution to strike "Private emergency service providers" under stakeholders (Exhibit A) and as it is mentioned anywhere in the document. The motion was seconded by Byrd. Councilmembers discussed the motion to amend. The motion to amend carried by the following vote: Aye: 6 - Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan Whatcom County page 3 Council Committee of the Whole Committee Minutes - Final December 5, 2023 Nay: 1 - Elenbaas Satpal Sidhu, County Executive, spoke about how emergency services have changed over the last 100 years and stated having a study is a good idea. He answered where the funds for this are coming from and stated the Emergency Medical Services (EMS) levy has funds that could be used as one of the sources but he will leave it to the Council to decide. Lann answered whether he could get information to the Councilmembers before tonight's meeting about what the errors are in Exhibit C and stated he does not know that they could provide that by tonight. He stated there are significant errors and they are not just financial. He asked that they consider tabling this. Councilmembers and Sidhu discussed the motion to recommended the resolution as amended. Donovan's motion that the Resolution be RECOMMENDED FOR APPROVAL WITH PROPOSED AMENDMENT(S) carried by the following vote: Aye: 5 - Buchanan, Byrd, Donovan, Frazey, and Galloway Nay: 1 - Elenbaas Abstain: 1 - Kershner Motion approved to amend the resolution to strike "Private emergency service providers" under stakeholders (Exhibit A) and as it is mentioned anywhere in the document. Items Added by Revision 1. AB2023-837 Resolution encouraging the County Executive to pursure opportunities for property acquisitions that promote conservation, economic development, and tourism associated with Bellingham to Mt. Baker trails Donovan briefed the Councilmembers. Kershner moved and Buchanan seconded that the Resolution be RECOMMENDED FOR APPROVAL. Councilmembers discussed the motion, whether the acquisitions just complete the County's visioning process on other people's property and how county government can make "willing sellers," and whether language about willing sellers could be changed so it does not sound like it is something that will benefit friends and family of government officials. fl'katcom County Page 4 Council Committee of the Whole Committee Minutes - Final December 5, 2023 Tyler Schroeder, Director of Administrative Services, answered whether there has been engagement with the tribes on this resolution, and what the difference is between acquisition (insinuating County ownership) and an easement, which might grant public access where the ownership of the land is retained by the current owner. Donovan moved to amend the resolution to add "and/or acquisition of easements" to line 26 and line 30 of the resolution so that the statements read: NOW, THEREFORE, BE IT RESOLVED that Council requests that the Executive pursue opportunities for property acquisition Arid/or qq� ui, tt qp or easements_ that promotes these stated goals... and BE IT FURTHER RESOLVED that Council requests that the Executive consider property acquisition and/or acquisition of easement opportunities that promote connectivity... The motion was seconded by Kershner. The motion carried by the following vote: Aye: 6 - Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan Nay: i - Eienbaas Councilmembers discussed other potential language changes, whether someone has already gone over the Comprehensive Parks, Recreation and Open Space Plan with the tribes, and the intent that acquisitions would be done with the tribes' blessing. Kershner's motion that the Resolution be RECOMMENDED FOR APPROVAL WITH PROPOSED AMENDMENT(S) carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner Nay: 1 - Elenbaas Whatcom County Page 5 Council Committee of the Whole Committee Minutes - Final December 5, 2023 Motion approved to amend the resolution to add "and/or easements" to line 26 and line 30 of the resolution so that the statements read: NOW, THEREFORE, BE IT RESOLVED that Council requests that the Executive pursue opportunities for property acquisition and/or acquisition of easements that promotes these stated goals... and BE IT FURTHER RESOLVED that Council requests that the Executive consider property acquisition and/or acquisition of easement opportunities that promote connectivity... Other Business Adiournment There was no other business. The meeting adjourned at 4:10 p.m. The County Council approved these minutes on January 9, 2024. ATTEST: s i E a s —, gas, C A 7. Dan Brpwri-D�v 'ouncil Clerk G© u� =a s+ o u m a iAFe lu ;ilr-�i Kristi Felbinger, Minutes Transcription ption WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA Whateon: County Page 6