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HomeMy WebLinkAboutCouncil October 7 1997WHATCOM COUNTY COUNCIL Regular Council Meeting October 7, 1997 The meeting was called to order at 7 p.m. by Council Chair Ward Nelson in the Council Chambers, 311 Grand Avenue. Also Present: Absent: Marlene Dawson None Barbara Brenner Tom Brown Alvin Starkenburg Kathy Sutter Robert Imhof ANNOUNCEMENTS Nelson announced that during executive session, the following was discussed: Consideration of the appeal of the Hearing Examiner's decision on the revision of a zoning conditional use permit (CUP89 -0002) filed by Joe Louie Water Association (AB97 -213) Imhof moved to remand to the Hearing Examiner in order to take care of the conditions. Motion carried unanimously. CANVASSING Monday: Brenner (November 17) Tuesday: Sutter (November 18) Wednesday: Brown (November 19) SPECIAL PRESENTATION SPECIAL PRESENTATION BY THE ADMINISTRATION REGARDING THE LAW AND JUSTICE PLAN THAT WOULD BE IMPLEMENTED WITH SALES TAX REVENUES FROM THE TWO 1 /10TH OF ONE PERCENT BALLOT PROPOSALS, IF APPROVED (AB97 -274A) Pete Kremen, County Executive, stated that last October he assembled the Blue Ribbon Panel on Criminal Justice to scrutinize the County =s entire criminal justice system. Many months, meetings and public hearings later, its recommendations were put forward in April to his office. Those recommendations, along with the Criminal Justice Working Group, the Law and Justice Council, and those of Administration, formulate the guide for the information Council Regular Council Minutes, 10/7/97, Page 1 received at this meeting. The presentation addressed recent County history pertaining to the criminal justice system, including population growth, the consequences of new laws and legal decisions, the impact of crime in the County, the current status of the juvenile justice system, the Prosecuting Attorney =s Office, the Sheriff =s Department, Jail, and the court system. Potential revenues were identified that would be generated from corrections and the law enforcement measures on the ballot, as well as how the dollars will be utilized. Funding will go toward the three priories recommended by the Blue Ribbon Panel, which are financing a minimum security facility, funding an additional Superior Court judge, and funding a prosecuting attorney with support staff. Dave Wareing, Deputy Administrator, gave the main presentation, stating this is a very complicated issue. He stated this issue was examined from the standpoint of why the County is in this position and where it goes from here. He spoke to accelerated population growth in the County and increased development; unfortunately, crime is also increasing. One of the reasons for increased crime rate is the County =s proximity to the Canadian border. He cited a projected doubling of population in the next 20 years. Since 1996, the Sheriff =s Office has barely been able to keep pace with the rising crime rate /events needing response by his office. A major important event occurring about two decades ago was the city of Bellingham =s position to close its jail, which shifted the cost of misdemeanor cases to the County. This burden was unfunded and was a significant factor in the eventual County system overload. This has, fortunately, been resolved. Wareing pointed out that it is very unfortunate but only the most serious incidents are investigated due to overload. Warrants have become the Acounterfeit currency_ of the County criminal justice system because there is insufficient jail capacity to bring these people before the court. Only the most serious offenders are sentenced to jail, where there is a waiting list. He commented to the recent increase in County violent crimes. Speaking to the Bellingham City/Whatcom County lawsuit, he noted the settlement money has been used to boost the criminal justice system and restore some of the critical budgets that were needed at that time. Primarily, the money was placed in reserve funds. The criminal justice system will receive 83% of all the money coming from the County during the eight -year settlement period. The only money that went elsewhere was minor supplemental funding in 1996 and critical reserves in the Sheriff =s Office and elsewhere. The County is saddled with inadequate funding structure which limits resources and gives soft revenues and very difficult choices. He compared Bellingham and the County regarding population, miles, and response times to crime, specifically noting that the County =s primary response area is 36 times greater with almost one -half the officers to respond to a larger Regular Council Minutes, 10/7/97, Page 2 population =s criminal justice needs. The County is responsible for dealing with all the felony cases coming from all police agencies in addition to the juvenile cases arising in the County. Thanks to the Blue Ribbon Criminal Justice Panel, a strategic plan for criminal justice has been developed. First designed was a plan to address the weakest points in this system to utilize the limited available funds from the sales tax. The County is, in effect, running at 100% of the property rate available. The sales tax is, however, inadequate to meet the long -term criminal justice needs. Three focus areas for the plan include increase jail and detention capacities; provide funding for police and law enforcement activities; and provide funding for prosecution and courts. He reviewed the Panel =s recommendations and cited various stats regarding the current and projected sales tax. (Clerks Note: Tape 1, side B) Dave McEachran, Prosecuting Attorney =s Office, discussed the process of drawing up the plan and what was needed for the County. There are needs throughout the entire system. The criminal justice system is composed of various parts, all of which need to be in balance. He noted the most important function of government is to protect the people. The criminal justice system begins with the Sheriffs Office, which is understaffed. The jail is in crisis because of lack of room; the current catch - and - release policy is not good. There are few alternatives for the courts as far as sentencing. The County needs to have alternatives, primarily a minimum security facility. The Prosecutors Office is averaging 200 -230 felony cases per attorney - -most other counties average in the low 100's. There is an increase in serious cases. The citizens suffer from the prosecuting attorney not being able to prosecute. Taxes will help with the jail problem and alternatives to correction; however, they will not solve all problems but are a step in the right direction, which gives citizens a voice in where taxes will go. Such a plan is a good starting point. Dale Brandland, Sheriff =s Office, expressed his appreciation to the Executive for the work that went into this package. N.F. Jackson, Superior Court Administrator /Clerk, prepared a document that compared Whatcom County's spending with other counties. Brandland discussed the workload of County employees. There are six detectives in the Sheriffs Office; each work different types of crimes. There are 280 registered sex offenders in this County. Child Protective Services (CPS) refers sexual abuse cases to the Sheriff. These cases, many of which are marginal, will not be looked at due to lack of staffing. The Sheriffs unwritten rule gives a child abuse case two tries to find a resolution, and then moves to next case. One deputy works major crimes. One deputy works property crimes, many of which are gang related, which has taken a back seat in the Sheriffs office. There are cases that his office will not investigate at all. There are many property crimes where the perpetrators try to sell the stolen goods in pawn shops. Brandland also discussed response time of the Sheriffs deputies. Dispatch phone Regular Council Minutes, 10/7/97, Page 3 complaints take hours. Deputies respond to domestic violence cases alone and spend hours trying to investigate and report on domestic disturbances. There is a minimum staffing of three deputies in the day, four in the evening, and three at night. His office needs more staffing. He noted one complaint has been his department needs to be more efficient. He pointed out there are ways to accomplish this, but there cannot be more efficiency in the way an investigation is done. Deputies are not doing an appropriate job because they are too busy trying to move to the next case. They are getting burned out, and their safety is a concern. Revenue loss and projections will show a net increase of only one deputy. It takes five and one -half people to put one more deputy on the road 24 hours a day to cover vacation and sick time, etc. The sales taxes will not solve all the problems. Discussion followed. Topics discussed included the immigrant status in Peaceful Valley and Paradise; crime trend (Brandland stated that his analysis reflects a 65% increase in crime in Whatcom County despite a lower crime rate nationally); department audit; current jail load from DWI cases; and the population of unincorporated Whatcom County and what percentage of that figure is in the urban growth areas. Michael Moynihan, Superior Court Judge, stated that long -range planning and appropriation by the Courts is needed, as they had over 4,000 filings in 1988 and just under 7,000 this year. Court is rapidly reaching the point where there will be no judges available for civil cases; all will go to criminal cases. The Prosecuting Attorney and the Public Defender are overworked, which spills into the Courts. There are too many 16 -17 year olds in Superior Court, not juvenile court. Society has changed, and the County is growing. Law and Justice cannot lag behind. Discussion followed on whether civil justice is included in the criminal justice funding program. Moynihan stated that generally they are not included. N.F. Jackson, Superior Court Clerk/Administrator, stated that 62% of cases filed are civil. Of those, 4% are being heard. Kremen thanked Council for its patience during the presentation. Kremen stated 25 -30% of funding from the proposed sales taxes would be generated by people not residing in Whatcom County. SPECIAL PRESENTATION BY W14ATCOM COUNTY EXECUTIVE PETE KREMEN DECLARING OCTOBER 1997 AS DOMESTIC VIOLENCE AWARENESS AND PREVENTION MONTH (AB97 -017) Kremen read the proclamation into the record. Sue Parrott, Whatcom Crisis Services, accepted the proclamation and submitted a calender of upcoming events. OPEN SESSION Regular Council Minutes, 10/7/97, Page 4 The following people addressed Council: Rodney Lund, 1322 Roland Street: Northwest Alliance for the Mentally Ill John Gray, 114 Grand Street: Stohl case against Whatcom County (AB97 -018) Mark Hollander, 359 E. Wiser Lake Road: Refund of permit fees (AB96 -051) Jeff McKay, 4693 Sucia Drive, Ferndale: Criminal justice system and the proposed sales tax increase (AB97 -274A) Carl Weimer, RESources, 1155 North State Street: Statewide Recycle Week is this week CONSENT AGENDA Imhof reported for Finance and Administrative Services Committee and moved approval of items 1 through 4. Motion to approve all items carried unanimously. 1. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A 1997 CRUSHING CONTRACT AMENDMENT WITH AGGREGATES WEST (AB97 -335) 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID 97- 69 TO THE LOWEST RESPONSIVE BIDDER, PIONEER FORD, TO PURCHASE REPLACEMENT VEHICLES IN THE AMOUNT OF $331,113.09 (AB97 -336) 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID 97- 66 TO THE LOWEST RESPONSIVE BIDDER, WESTERN POWER EQUIPMENT, TO PURCHASE A REPLACEMENT STREET SWEEPER IN THE AMOUNT OF $128,073 (AB97 -337) 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A LEASE ADDENDUM TO LEASE ADDITIONAL SPACE AT THE CIVIC CENTER BUILDING TO OLYMPIC HEALTH MANAGEMENT SYSTEMS, INC. (AB97 -338) PUBLIC HEARING ORDINANCE AUTHORIZING A CHARGE TO PROVIDE REVENUE FOR FLOOD CONTROL ZONE DISTRICT SUB -ZONES (AB97 -332) Ed Henken and Tom Hayden, Engineering, Public Works, gave background on the ordinance. This ordinance would assess a one -time beginning charge of $25 per parcel for all parcels with an assessed value of $2,500 or greater within each of the three subzones created at Regular Council Minutes, 10/7/97, Page 5 the last Council meeting (handout on file). (Clerks Note: Tape 2, side A) The service charge will provide seed money for 1998 activities. Henken discussed the proposed changes by Robert Andersen, which have the same intent as what the proposed ordinance currently has. Amendment No. 2 would not work because there has to be a fixed figure in the ordinance for the County Treasurer to assess the fee, which is due by October 15, 1997. Hayden stated the amount was arrived at by the Flood Advisory Committee at its regular meeting and that passage was recommended by that Committee. Nelson opened the public hearing, and the following people spoke: Fred Nowicke, 3341 Berg Road, Everson Mike Hill, 5310 Potter Road, Acme Cy Lautenbach, 8676 North Telegraph Road, Everson Harry Pelleboer, 8726 Garrison Road, Everson Ron Bronsema, 8135 Northwood Road, Everson Jerry Jergens, 7188 Mission Road, Everson Mike Parker, 3421 South Pass Road, Everson Ron Lagerway, 212 Reeds Lane, Everson Gerard DeKoekkoek, 7480 Oat Coal Road Bob Knutson, 6070 Saxon Road, Acme Hearing no one else, Nelson closed the public hearing. Nelson moved to approve. There was discussion regarding the money level in the General Flood Control Fund. Brenner moved to amend by stating at the last BE IT FURTHER PROVIDED: "A refund will be issued or a future assessment reduced per parcel for all parcels within each subzone found to be outside the floodplain. Parcels within the floodplain of each district will absorb the difference to guarantee at least a 2 -1 payment ratio for parcels within the floodplain compared to parcels outside the floodplain." Brenner spoke to an alternative proposal, which was to fund this out of the General Flood Control Fund to be paid back by the subflood zones. Discussion followed regarding funding; equitable payment schedules; fee process; what is intended for the funds; the need for approval by Council; fairness in taking monies from the General Flood Fund; and legalities of lending money to a subzone. Regular Council Minutes, 10/7/97, Page 6 Brenner restated her motion to amend to read: A=BE IT FURTHER PROVIDED THAT the subzones will be funded out of the General Flood Control Fund to be paid back by the subzones within one vear. Motion failed 1 -6 with Brenner in favor. Brenner restated her first amendment above to read: at the last BE IT FURTHER PROVIDED: "A refund will be issued or a future assessment reduced per parcel for all parcels within each subzone found to be outside the floodplain. Parcels within the floodplain of each district will absorb the difference to guarantee at least a 2 -1 payment ratio for parcels within the floodplain compared to parcels outside the floodplain." Motion failed 2 -6 with Brenner and Brown in favor. Brown moved to amend by including amendment number 1 as proposed by citizen Robert Anderson on packet page 28, Line 11: AWHEREAS, Whatcom County has established a revenue sharing program entitled the A70/30 Program= where 70% of flood management costs are provided by the County and 30% of such costs would be provided by the benefittingproperty owners in established Flood Control District Sub - Zones.= Imhof stated that in certain situations, FEMA money for example, that scenario does not apply. The 70/30 program shall apply only to the County's funding share and not to federal or state funds. Brown accepted as a friendly amendment the language that Sutter proposed: A ... where 70% of the County =s share of flood management costs..." Motion carried unanimously. Brown moved to amend by including amendment number 3 as proposed by citizen Robert Anderson on packet page 28, Line 23, A ... in compliance with RCW 36.89.080:, further provided, that such revenues shall be used for the planning, engineering design, and construction of flood management projects subject to the County 70/30 cost share pro _r_ Dawson suggested adding "maintenance" after "design ". Brown accepted this suggestion as a friendly amendment. There was discussion regarding the administration costs of the sub -zone, which is governed by the RCWs. The Advisory Committee cannot spend the money without Council approval and must spend in accordance with RCWs. This ordinance is project and work specific. Motion failed 2 -5 with Brown and Brenner in favor. Motion to adopt the amended ordinance carried unanimously. OTHER ITEMS Regular Council Minutes, 10/7/97, Page 7 ORDINANCE ADOPTING A PERMANENT WHATCOM COUNTY CODE CHAPTER 16.16, CRITICAL AREAS, TO COMPLY WITH THE WASHINGTON STATE GROWTH MANAGEMENT ACT (AB97 -226A) Starkenburg reported for Planning and Development Committee and stated this item was held in Planning and Development Services Committee to the next meeting (October 21). (Clerks Note: Tape 2, side B) REQUEST AUTHORIZATION FOR THE EXECUTIVE TO SIGN AN APPLICATION FOR A ACLASS W2, W3, & W4= LIQUOR LICENSE FOR THE OLYMPIC STARS AMERICA, LOCATED AT 4289 FRANCES AVENUE, BELLINGHAM (AB97 -339) Brown moved approval. Motion carried unanimously. 2. RESOLUTION IN THE MATTER OF APPOINTING B. A. STRICKLAND, GREGORY PAUL MCKAY, AND GORDON E. NEEVEL AS THE INITIAL MEMBERS OF THE GOVERNING BOARD OF WHATCOM COUNTY DIKING DISTRICT #3 (AB97 -340) Imhof moved approval. Motion carried unanimously. 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO REAPPOINT JIM LEPPALA AND ED ESSEX TO THE BOARD OF APPEALS (AB97 -341) Imhof moved approval. Motion carried unanimously. ADDENDUM CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER'S DECISION ON THE REVISION OF A ZONING CONDITIONAL USE PERMIT (CUP89 -0002) FILED BY JOE LOUIE WATER ASSOCIATION (AB97 -213) Regular Council Minutes, 10/7/97, Page 8 See AAnnouncements =. INTRODUCTION ITEMS Dawson moved to accept the introduction items. Motion carried unanimously. 1. ORDINANCE AMENDING TITLE 20 TO REMOVE OPEN SPACE REQUIREMENTS IN THE GM, LII AND HII ZONES AND TO AMEND THE DEFINITION OF OPEN SPACE AS IT APPLIES TO ALL ZONES (AB97 -342) 2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM URBAN RESIDENTIAL THREE DWELLINGS PER ACRE (UR3) TO URBAN RESIDENTIAL FOUR DWELLINGS PER ACRE (UR4) FOR APPROXIMATELY 141 ACRES AND FROM RURAL RESIDENTIAL TWO DWELLINGS PER ACRE (RR2) TO URBAN RESIDENTIAL FOUR DWELLINGS PER ACRE (UR4) FOR APPROXIMATELY 4 ACRES IN THE CHUCKANUT LAKE SAMISH SUBAREA (AB97 -343) 3. ORDINANCE AMENDING THE 1997 BUDGET, SUPPLEMENTAL #11 (AB97 -344) ADDENDUM I. RESOLUTION OPPOSING THE PROPOSED BORDER CROSSING LAW (AB97 - 346) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Logging Regulations at Pt. Roberts: (AB97 -345): Brenner reported the minutes will be available soon. Brown stated all Council members received a letter from a concerned citizen about adding a disclaimer to marriage licenses regarding domestic violence. Dawson and Sutter stated this may have to be done by the state. Brenner requested putting this in Public Works and Capital Projects Committee for drafting a recommendation. Nelson distributed the special district assessments to Imhof for budgetary purposes. Washington State (AB97 -001): Imhof stated the Legislative Steering Committee begins in a couple of weeks. He requested suggestions from Council about issues to be discussed. Sutter updated the Water Resources Management proposal from the Council Of Governments (COG). The Steering Committee voted to move forward to Council for final Regular Council Minutes, 10/7/97, Page 9 drafting before going forward to individual jurisdictions for possible adoption. Brenner discussed COG taking an advisory role. Criminal Justice Proposed Sales Tax (AB97 -274): Nelson stated he had a request from small cities regarding the proposed sales taxes. The mayors would like to have a discussion regarding sharing revenues. There was discussion regarding the intent of the mayors in suggesting a meeting before the election. ADJOURN The meeting was adjourned at 9:30 p.m. Jill Nixon, Recording Secretary These minutes were approved by Council on , 1997. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown- Davis, Council Clerk L. Ward Nelson, Council Chair Regular Council Minutes, 10/7/97, Page 10