HomeMy WebLinkAboutCouncil September 24 20131
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WHATCOM COUNTY COUNCIL
Regular County Council
September 24, 2013
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(7:02:28 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy
Kershner, Carl Weimer and Pete Kremen.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
(7:03:02 PM)
Kershner announced there was discussion with Chief Civil Deputy Prosecutor
Daniel Gibson regarding potential litigation (Swift Creek) (AB2013 -018) and a
strategy planning discussion and positions to be taken regarding collective
bargaining per RCW 42.30.140(4)(x) (AB2013 -018) in executive session during the
Committee of the Whole meeting.
SPECIAL PRESENTATION
1. BEHAVIORAL REVENUE ADVISORY COMMITTEE 2013 QUARTERLY REPORT
TO COUNCIL (AB2013 -186A) (7 :03 :46 PM)
Benita Bowen, Behavioral Revenue Advisory Committee Vice Chair, stated that five
years ago, the goal was to invest the revenue from the one -tenth of one percent tax in
programs and practices that would reduce the cost to government and hospitals. She
introduced District Court Probation Administrator Bruce Van Glubt.
Bruce Van Glubt, District Court, stated there have been a growing number of court
clients and probationers identified with severe mental illness. Due to the large caseloads,
the Probation Office has historically focused on holding clients accountable to the specific
conditions of the court order and less on the client's other needs, which may limit their
success. Clients with mental health conditions were using a disproportionate amount of jail,
medical, and other services in the community. They were falling through the cracks. The
behavioral health unit in the Probation Office was created as a response to the needs of
these clients.
Whatcom County Council, 9/24/2013, Page 1
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The unit was established using the one -tenth of one percent behavioral health tax
revenue in January 2010. The unit's purpose is to ensure that each probationer is compliant
with their court- ordered conditions, provide enhanced supervision to assist them in
successfully accessing services, and ultimately reduce their use of jail and medical facility
resources and reduce recidivism.
Probation officers assigned to the unit worked with the clients in unique ways. The
most common diagnoses are schizophrenia, bipolar disorder, depression, severe anxiety
disorders, substance abuse, and post- traumatic stress disorder (PTSD), particularly among
veterans. Probation officers receive special training in mental health issues. The caseload
is one -third of the standard caseload. Each officer has 80 to 100 cases.
Those supervised by the unit receive intense supervision. Clients report daily or
weekly rather than monthly or less often. Clients have requested to meet with officers
more often than required. Clients have also requested additional substance abuse testing,
such as breath and urinalysis tests above and beyond what the office would normally
conduct. The probation officers are able to monitor medication compliance with pharmacies.
The behavioral health unit probation officers meet monthly with Dr. Art Davis from the
University of Washington, who advises them on how to develop strategies to assist with the
difficult clients. Many clients see their probation officers as part of a support structure that
helps them be successful.
They've had great success with clients assigned to this unit. The current rate for
satisfactory probation case closure with these clients is 75 percent. When they looked at
these same clients who had been on probation previously, their satisfactory closure rate was
28 percent.
Mann stated he recently became aware of a mental health court in Seattle, similar to
a drug court. He asked if Whatcom County could do a mental health court. Van Glubt
stated a local mental health court is possible in Whatcom County. There are many specialty
courts. Of all the specialty courts, the one with the greatest impact would be a mental
health court. He would like one in this community. The Health Department has been
working on researching alternatives. The one common theme in all the discussions is that
those clients going through a mental health court would be supervised by this behavioral
health unit. They're seeing a lot of those clients already.
Kremen stated that as a member of the large urban county caucus associated with
the National Association of Counties, he visited a robust mental health court in Cook
County, Illinois that is very successful and a model throughout the nation. There is a real
potential benefit of further exploring and having a mental health court in Whatcom County.
PUBLIC HEARINGS
1. RESOLUTION IN THE MATTER OF THE WHATCOM COUNTY SIX -YEAR
TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2014
THROUGH 2019 (AB2013 -302) (7 :13:21 PM)
Kershner opened the public hearing and, hearing no one, closed the public hearing.
Brenner moved to approve the resolution. She asked if the resolution includes the
Council's previous amendments to add the Yew Street Road and Slater Road connector
projects.
Whatcom County Council, 9/24/2013, Page 2
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Joe Rutan, Public Works Department, stated they are project numbers 18 and 16.
The document on Council packet page 165 is as it was brought forward to the committee.
He did not change any of the background documents. The amendments are included in the
resolution.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
OPEN SESSION
(7:15:58 PM)
The following people spoke:
• Ray Baribeau spoke about a one -tenth of one percent mental health tax and
the proposed new jail.
• Steve Harris spoke about the supporting mental health services.
• Yoshi Revelle spoke about supporting a mental health services.
• Greg Brown spoke about the request approval for the County Executive
to enter into an interlocal agreement between Whatcom County and
the City of Everson and the Whatcom County Flood Control Zone
District for the purchase and subsequent management of property
consistent with agreed restrictive covenant for flood control
purposes, in the amount of $342,000 (AB2013 -309).
CONSENT AGENDA
(7:22:47 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through four.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A TWO
YEAR GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON
STATE DEPARTMENT OF ECOLOGY FOR ADOPT -A -ROAD AND ILLEGAL DUMP
CLEANUP EFFORTS, IN THE AMOUNT OF $37,000 (AB2013 -310)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A TWO
YEAR GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON
STATE DEPARTMENT OF ECOLOGY FOR THE OPERATION OF THE MODERATE
RISK WASTE FACILITY, IN THE AMOUNT OF $562,209 (AB2013 -311)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL LOAN AND GRANT AGREEMENT BETWEEN WHATCOM COUNTY
AND THE CITY OF NOOKSACK TO PROVIDE FUNDING THROUGH THE EDI
Whatcom County Council, 9/24/2013, Page 3
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PROGRAM FOR THE CITY'S WASTEWATER TREATMENT PLAN UPGRADE
PROJECT, IN THE AMOUNT OF $780,000 (AB2013 -312)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID 13 -74
FOR THE SUPPLY OF A DIESEL POWER HYDRAULIC COMPACT MINI -
EXCAVATOR TO THE LOW BIDDER, SCHOLTEN EQUIPMENT, IN THE AMOUNT
OF $71,338.75 (AB2013 -313)
OTHER ITEMS
1. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, TENTH REQUEST,
IN THE AMOUNT OF $832,504 (AB2013 -305) (7:23:17 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
EVERSON AND THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT
FOR THE PURCHASE AND SUBSEQUENT MANAGEMENT OF PROPERTY
CONSISTENT WITH AGREED RESTRICTIVE COVENANT FOR FLOOD CONTROL
PURPOSES, IN THE AMOUNT OF $342,000 (AB2013 -309) (7 :24:08 PM)
Mann reported for the Finance and Administrative Services Committee and moved
that the Council approve the expenditure of $228,000 from conservation futures funds.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors)
Mann moved that the Flood Control Zone District Board of Supervisors approve an
expenditure of $114,000 from the Flood Control Zone District funds.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Crawford stated this property was considered in the 2009 population projections.
Everson added urban growth area in that process. He's glad for Mr. Brown's comments
during open session. As the Council moves into the 2016 Comprehensive Plan update
process, they'll remember to ask if this is included in the calculations.
Whatcom County Council, 9/24/2013, Page 4
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3. ORDINANCE ADOPTING AMENDMENTS TO THE POINT ROBERTS CHARACTER
PLAN (AB2013 -306) (7:26:37 PM)
Knutzen reported for the Planning and Development Committee and moved to
forward for concurrent review.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
INTRODUCTION ITEMS
(7:27:44 PM)
Brenner moved to accept the Introduction Items.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, ELEVENTH
REQUEST, IN THE AMOUNT OF $13,300 (AB2013 -314)
2. ORDINANCE REPEALING ORDINANCES 2009 -045, 2006 -350, AND 87 -19,
WHICH ESTABLISHED PETTY CASH REVOLVING FUNDS FOR PUBLIC WORKS
ENGINEERING, ROAD DESIGN /CONSTRUCTION, AND ER &R (AB2013 -315)
3. RESOLUTION ADOPTING THE SIX -YEAR WATER RESOURCES IMPROVEMENT
PROGRAM (WRIP), 2014 -2019 (AB2013 -316)
OTHER BUSINESS
(7:28:08 PM)
PRESENTATION ON THE PROPOSED NOOKSACK LOOP TRAIL (AB2013 -167)
Weimer reported for the Natural Resources Committee.
Brenner stated there is a person who needed a septic system. He went through all
the requirements, paid a lot of money in fees, and was approved for the design. Then the
Lummi Sewer District decided to supply that whole area with sewer. The property owner
was delayed for three or four years by the Lummi Sewer District, which has now changed its
mind. The property owner's design permit expired, and he was told that he has to submit
again and pay the cost.
There's something wrong when a third party jurisdiction prevents a resident from
doing something within a timeframe. If nothing else is different, don't make that person
pay twice for something that was completely beyond his and the County's control. The
County should be able to waive fees for issues such as this.
Whatcom County Council, 9/24/2013, Page 5
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Jack Louws, County Executive, stated he has some sympathy for the property owner.
There is no provision in code for granting an exemption or an extension beyond four years.
The County staff must follow the law as it's written. They are encouraging the applicant to
reapply. He has to pay the fee. After a five and a half year period, the Health Department
has a responsibility to determine that there haven't been any new wells put in around the
property. It's unfortunate the Lummi Tribal Water and Sewer District gave the property
owner clear indication that they were going to allow him to hookup, and then changed their
mind. In a lot of instances, more flexibility in the code would be nice, but staff needs to
look at the law the way it's written. The staff have applied the code fairly and will do
everything they can to make it as painless as possible for this property owner. If the
Council wants to give the administration some flexibility, he will support being able to grant
that flexibility.
Brenner stated the County used to allow an extension of five or more years. If a
resubmitted design is accepted without change, and no other conditions have changed,
there ought to be flexibility to extend it. She will bring forward an amendment to the code.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Kremen reported that the President of National Association of Counties appointed
him to the Agriculture and Rural Affairs Steering Committee and to the Large Urban County
Caucus, which is comprised of about 24 individuals representing more than half of the
country's population. He's the only member of the caucus who represents a county with
less than a half million people. It's a real honor. It's beneficial and productive for him to
have that position. He'll do his best to get what he can for Whatcom County.
(7:35:26 PM)
Brenner reported that she attended the Western Washington University (WWU)
Viking Athletes dinner and auction to raise money for their athletes. She was impressed by
the comments given by one of the athletes, which were very moving.
Mann stated he is impressed with the quality of County staff.
Knutzen stated the Council staff are the best.
Weimer reported that he will miss next Tuesday's Health Board meeting. He will be
in Washington D.C. to spend two days reviewing data at the request of the Secretary of
Transportation.
Crawford reported he will also be gone and unable to attend the Health Board
meeting.
Kershner reported she will also be unable to attend.
Knutzen reported that the Public Health Advisory Board and others met yesterday.
There are many good things going on in Whatcom County, included what they must deal
with from the federal and State levels. It's encouraging to work on these things.
Jack Louws, County Executive, reported that the Health Department is seriously
working on a mental health court. They are working with the City of Bellingham. He will
keep the Council up -to -date.
Whatcom County Council, 9/24/2013, Page 6
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Kremen stated he would like to try to reschedule the Health Board meeting. It's
important that all councilmembers attend.
ADJOURN
The meeting adjourned at 7:40 p.m.
The Council approved these minutes on October 22, 2013.
ATTEST:
, Council Clerk
-, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kathy Kershner, Council Chair
Whatcom County Council, 9/24/2013, Page 7