HomeMy WebLinkAboutCouncil April 14 20151 WHATCOM COUNTY COUNCIL
2 Regular County Council Meeting
3
4 April 14, 2015
5
6 CALL TO ORDER
7
8 Council Chair Carl Weimer called the meeting to order at 7:00 p.m. in the Council
9 Chambers, 311 Grand Avenue, Bellingham, Washington.
10
11
12 ROLL CALL
13
14
15 Present: Barbara Brenner, Pete Kremen, Ken Mann, Satpal Sidhu, Carl Weimer,
16 Rud Browne and Barry Buchanan.
17 Absent: None.
18
19
20 FLAG SALUTE
21
22
23 ANNOUNCEMENTS
24
25 Weimer reported for the Special Committee of the Whole meeting and stated
26 Executive Louws will present another update on progress and developments of the new jail
27 project (AB2015- 047C).
28
29 Weimer also announced there was discussion with Senior Deputy Prosecutor Karen
30 Frakes regarding Growth Management Hearings Board Case No. 11- 2 -0010c (AB2015 -018)
31 in executive session during the Committee of the Whole meeting.
32
33
34 CITIZEN BOARD AND COMMITTEE VACANCY ANNOUNCEMENT
35
36 Weimer reported on the two vacancies on the Sumas /Everson /Nooksack Flood
37 Control Subzone Advisory Committee.
38
39
40 PUBLIC HEARINGS
41
42 1. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 AND THE
43 COMPREHENSIVE PLAN REGARDING SURFACE MINE PERMITTING, MINERAL
44 RESOURCE LANDS DESIGNATION PROCESS, AND MINERAL RESOURCE
45 LANDS DESIGNATION CRITERIA (AB2014 -344)
46
47 Weimer opened the public hearing, and the following people spoke:
48
49 Abe Jacobson stated he worked with the mining department in New Mexico and
50 supports the changes recommended by staff for making this a conditional use. The effects
51 of mining on the landscape are so long lasting that there is no harm in getting peer review.
52 Neighbors can bring up things the staff or the applicant have not thought about. The
Regular County Council Meeting, 4/14/2015, Page 1
1 conditional use status provides a good mechanism for getting this peer review. It's not a
2 punitive step. It's not an excuse for neighbors to be difficult.
3
4 Kris Halterman stated they have not addressed the fact that the County is supposed
5 to properly plan for mineral resource land, according to the Growth Management Act (GMA).
6 It's irresponsible that the Council takes action that causes increased housing costs and road
7 costs. Know where the material is going to be shipped. Costs will increase for single - family
8 residents, condos, and roads if they plan for less than will be necessary. It's the Council's
9 responsibility to plan for a 50 -year supply. Less land will be planned for, because no
10 company will put in an application. Whatcom County hasn't said it will pay for the State
11 Environmental Policy Act (SEPA) study.
12
13 Greg Brown stated he is against this item. It's another barrier to business in the
14 county.
15
16 Ronna Loerch stated she lives on a gravel resource and is a neighbor to a gravel pit.
17 The pit that was originally planned to be small has been sold and has become huge. The pit
18 owners have harassed the neighbors to get their land so they can dig more gravel. Some
19 limits might be in order.
20
21 Hearing no one else, Weimer closed the public hearing.
22
23 Browne moved to adopt the ordinance.
24
25 Brenner stated she cannot get an answer about how much aggregate is being
26 exported and imported. It's possible that none of it would stay in Whatcom county. The
27 County doesn't have any control over keeping the resource in Whatcom County. The
28 Council included a clause that the County will do an environmental assessment, which will
29 save the proponents money up front. It will help both the neighbors and the applicant. The
30 Council listened to everyone. They have no idea how much aggregate is used in Whatcom
31 County, so it's impossible to know what the actual needs are. This ordinance does a much
32 better job at making sure that the County takes a lead, whatever happens.
33
34 Mann stated he agrees with Councilmember Brenner. The Council has spent a lot of
35 time on this ordinance. The County is going to take a comprehensive look at the gravel
36 supply and do an environmental review.
37
38 Weimer stated this motion is to move the ordinance forward for concurrent review
39 with the other Comprehensive Plan amendments scheduled for adoption later this evening.
40
41 The motion carried by the following vote:
42 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
43 Nays: None (0)
44
45 2. ORDINANCE FINALIZING A REVISED SYSTEM OF ASSESSMENT FOR
46 CONSOLIDATION DRAINAGE IMPROVEMENT DISTRICT NO. 21 (AB2015-
47 100)
48
49 Weimer opened the public hearing and, hearing no one, closed the public hearing.
50
51 Brenner moved to adopt the ordinance. She asked if there is virtually no change.
52
Regular County Council Meeting, 4/14/2015, Page 2
Paula Cooper, Public Works Department, stated this district didn't have a map that
could be digitized for the benefit zones. They had to go back to the old records to create
that map. They tried to reflect relative benefit and the acreage without changing things
much. They reduced the benefit zone in one area because the district is having a hard time
making the drainage better. It's next to a wetland. Otherwise, it's pretty much the same
as before.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
3. COUNCIL INVITES THE PUBLIC TO COMMENT ON THE PROPOSAL FOR A NEW
WHATCOM COUNTY JAIL AND OFFER SPECIFIC IDEAS FOR JAIL DIVERSION
PROGRAMS (AB2015 -047D)
Jack Lowes, County Executive, gave a staff report on the need for a new jail facility,
work done on developing a new jail project that includes size, location, design standards, a
jail use and financing agreement, cost - sharing allocation with the Cities, and the need for a
voter - approved sales tax increase.
Bill Elfo, Sheriff, stated he's been an advocate for controlling the need for increased
jail space through prevention, diversion, and treatment. There is a need for system -wide
improvements to the criminal justice and mental health systems. Decades of public policy
at all levels resulted in jails becoming the de facto mental institutions. Dramatic policy and
funding shifts are required to correct the problem, especially by the State of Washington.
Whatcom County has a moral, ethical, and legal obligation to provide a safe facility to fulfill
its statutory and constitutional responsibility. He is obligated to operate the jail in a safe,
legal, constitutional, and humane manner. He described committee jail planning efforts
since 1997. There isn't sufficient space for treating those with mental illness. They must
house people in a manner that does not aggravate behavioral health problems. There are
enormous liability issues. He recommends that the County remedy the situation without
delay. He agrees that diversion and treatment programs should be maximized. He
described past diversion actions by law enforcement and courts. The jail -based behavioral
health program dramatically improved the capacity for evaluation, treatment, and reentry to
include making connections with community -based services, but the program will be more
effective with adequate facilities. He supports many programs, including evidence -based
mental health courts, probation department supervision as an alternative to jail, high risk
offender housing upon release, juvenile diversion, and behavioral health specialists in the
schools. He also supports possible new funding sources for the triage center and behavioral
health, treatment, and diversion options. Despite these programs, they continue to need a
safe jail. The State is transferring its responsibility to house sentenced felons from State
prison to county jails. The State is also reducing services to those released on probation.
The County law enforcement and court officials urge the County Council to move forward
the new jail and the mental health and addiction programs. He referred the Council to his
written comments.
Weimer opened the public hearing, and the following people spoke:
Bill Newmon stated he supports moving forward with the jail. Whatcom County has
grown. The jail in its current condition is very crowded. It's time to build a new jail.
David McCluskey stated the jail is overcrowded. The citizens voted for a tax
increase 10 years ago, but there has been no action. Mental health is a worthy topic, but it
Regular County Council Meeting, 4/14/2015, Page 3
1 is not an issue to be bundled with the jail. Whatcom County Code (WCC) Chapter 1.28 does
2 not require treatment of mental health issues, which is covered in WCC 2.44. It's not the
3 responsibility of the jail to carry the burden of mental health treatment. The .2 percent tax
4 increase will have a tough time passing, given the fact that the .1 percent that was already
5 enacted was improperly handled. The voters are more likely to approve another .1 percent
6 sales tax increase. The City of Bellingham should agree to give the County 100 percent of
7 the new sales tax and banked capacity, which will be an amount close to their portion of the
8 cost. Get the new jail project done.
9
10 Greg Winter, Whatcom County Coalition to End Homelessness Chair and Opportunity
11 Council Homeless Service Center Director, stated most agree they need a new jail. They
12 should be proud of existing local programs. Some of the jail residents are there because
13 they are ill. The root cause is a combination of mental and additive illness. Consider ways
14 to redouble their efforts to examine the existing programs and possible new services. Do
15 this now, without waiting for the new jail.
16
17 Joy Gilfilen, Restorative Community Coalition, stated the County must address these
18 problems with a restorative economics plan. Many people are afraid to speak against the
19 Sheriff and Executive branch because they are afraid their businesses will be shut down.
20 Businesses are moving out of town because of regulatory domination. The Sheriff gets
21 many minutes to speak to the Council about issues that he's already spoken about, but the
22 public only gets three minutes. Jail alternatives and alternative programs are different
23 things. Prison reforms are necessary. Bring business people together to do a taxpayer
24 needs assessment. The Restorative Community Coalition asks to make a presentation to the
25 Council. People are scared to speak to the Council because they can't afford to be
26 incarcerated.
27
28 Irene Morgan, Restorative Community Coalition Founder, submitted handouts (on
29 file) and referenced the Revised Code of Washington (RCW) 42.56.03 about protecting
30 public interest. They need a new jail, but not the one being proposed. The Division Street
31 triage center could be expanded into a full detoxification or mental health facility. The City
32 of Bellingham could take it over for its own jail. The County could build a 300 -bed jail next
33 door. They don't need more than 300 beds when they do all the restorative community
34 actions they should do. Reopen the Gerard Street detoxification center. The federal work
35 release center is empty. Create a reentry program, a mental health group home, and a
36 training center for essential living and job skills. She asks for the Council to allow them to
37 present the entire proposal to the Committee of the Whole.
38
39 Robert Leib stated the first contact is the psychiatric ward at St. Joseph Hospital.
40 He spoke about the poor treatment a mentally ill family member received in the criminal
41 justice system and the jail. The inmates abused him, and the guards were afraid of this
42 young mentally ill person. The jail contracts with third parties to charge inmates for making
43 phone calls, extra food, and making bail. Instead of getting necessary treatment, the
44 person's actions were misunderstood, and he was charged with more felonies and had to
45 pay more fines. The current system is being run as an income stream. Other people have
46 similar stories. A larger jail and putting the community deeper in debt won't solve mental
47 health problems.
48
49 Judith Fjellman stated she has been living next door to a drug dealer for several
50 years. She thanked the Sheriff's Office and others who worked to do something about the
51 perpetrators in the neighborhood. They have addicted children who are trained to break
52 into homes. A larger jail is needed. They need a holding place for the kingpins who are
Regular County Council Meeting, 4/14/2015, Page 4
1 getting out on bail right away. Kids are dropping out of school because of drugs. Build a
2 larger jail. Focus on drug kingpins. Bring programs into the school.
3
4 Kathy Leathers asked why they are continuing with more incarceration, which will
5 assimilate a larger population of offenders. A program for court date reminder phone calls
6 is a good idea to prevent failure to appear charges. Reconsider the need for such a large
7 jail.
8
9 Bryan Lloyd stated he is a corrections officer in the jail. Currently there are 90
10 corrections deputies who put their lives on the line every day by working and living with
11 these inmates for eight to 16 hours. The jail needs to be safe for the officers who work
12 there. He can't go anywhere in the community without being recognized by someone who
13 has been in jail. He tries to treat the inmates fairly, firmly, and justly every day, and he
14 gets respect for that. His coworkers are like family. For their sake, move forward and get
15 this plan done.
16
17 David Jefferson submitted information (on file) and stated there is new funding for
18 services like health homes for people with chronic diseases, and mental health and addiction
19 disorders. Current health home facilities are not ready yet to provide specialized care.
20 Health Homes and Care Coordinators are new services in the medical field. First, figure out
21 a way to fund a care coordination system for people who need services. A care manager
22 would connect them with these services. Second, provide long -term, adaptive, continuing
23 care services for two to five years after people have had their acute care services.
24
25 Larry Thompson submitted and read from his handout (on file) and stated they need
26 a new jail now. Many people in jail have a mental health or substance abuse problem.
27 Don't delay the jail, but link it with more diversion facilities. First, they need a new
28 diversion facility. Second, they need a local substance abuse treatment facility. Third, they
29 need a post- diversion facility with case managers to help those coming out of the system to
30 lead more productive life.
31
32 Randy Adrian stated he is a corrections deputy in the alternative program section,
33 which includes electronic home detention, work release, and work crews. They divert more
34 than 70 people per day from the jail system. The exiting jail needs to go. Five hundred
35 beds is not unreasonable. The population of the County has increased and will continue to
36 increase. They need the facility now. Care and custody are taught at the Academy. The
37 jail isn't safe for the inmates or the officers. Move this forward to the voters as soon as
38 possible. It will take time to build a jail.
39
40 Kay Sardo stated do not build a facility away from the County seat. Include in the
41 ballot measure funding for programs, such as Seattle's law enforcement assistant diversion
42 (LEAD) program. Include restorative justice principles, housing, and before - and -after
43 incarceration counselors. The need for more beds will be reduced.
44
45 Catherine Chambers stated crime rates are being reduced nationwide. Most people
46 in jail and prison are people of color. Recidivism rates are over 60 percent. If the jail -
47 based programs worked, the recidivism rate wouldn't be so high. Programs work in the
48 community, not in the jail. Use a restorative justice model. Teen court is a good example,
49 but it isn't funded by criminal justice funds. Taxpayers deserve accountability. Inmates'
50 families are the most important part of rehabilitation, but the cost of incarceration is
51 bankrupting them. Diversion and programs are part of a restorative justice model.
52
Regular County Council Meeting, 4/14/2015, Page 5
1 Kathryn Waters stated a timely judicial process, including speedy trials and
2 restorative justice, are necessary. They also need up -to -date and effective mental health
3 programs. Behavior patterns will change for the mentally ill in a nourishing environment.
4 Create drug addiction treatment centers, behavioral health clinics, and restorative justice.
5
6 Abe Jacobson stated Sheriff Elfo has a good, long -term commitment to jail
7 alternatives. However, they simply need a jail. If the size is too big initially, more people
8 will be coming to Whatcom county. The County needs to build the jail as proposed. He is
9 supportive of the diversion programs, but not as a substitute for jail. Whatcom county may
10 be a magnet for people who have issues.
11
12 Chet Dow stated the size of the proposed jail is conservative. They need to replace
13 a very dismal environment. Twenty years ought to be enough time to gather the
14 information needed to move forward.
15
16 Tyler Ryan stated recognize the time spent on this project by Executive Jack Lowes
17 and Sheriff Bill Elfo. They have spent considerable time exploring all the options. Support
18 the elected officials to make the decisions the citizens have elected them to make. The jail
19 project could fall by the wayside and not get done at all if they try to add all these extra
20 projects. Get this project going. If necessary, they can ask for additional funding later.
21
22 Theresa Erickson stated mental health is huge issue in this community. With all the
23 desire to fix a broken system, the opportunity to build a new safe jail will be put on the back
24 burner. However, they've been talking about this for 20 years, which is long enough. There
25 are lives on the line every single day. She fears a catastrophic loss of life before the new
26 jail is built. She's not willing to bear that burden, knowing the conditions that exist in the
27 current jail. Support the professionals who work in the jail daily. The citizens deserve the
28 right to vote on the sales tax measure soon.
29
30 Margaret Curtis stated she urges the Council to support the jail and move it forward
31 onto the ballot. Trust that staff will continue to work on alternatives and diversions, but
32 don't let that need delay the jail.
33
34 Richard Maneval stated he's concerned the proposed new jail is not big enough.
35 They aren't doing enough about mental health community -wide, but they are talking about
36 an adult corrections facility and Sheriff's Office, which they desperately need. The
37 community hasn't given the Sheriff's Office what it needs to do its job. Move forward with
38 the new jail. Allow voters the chance to vote on it.
39
40 Marvin Wolff stated the important issue is that jails are meant to keep the public
41 safe. Mental health is a separate issue. The people working in the jail are in danger every
42 day. The jail was declared unsafe almost 20 years ago. The County cannot incur that
43 liability.
44
45 Bruce Ayers stated it's time to move forward. Twenty years ago, the blue ribbon
46 committee stated a new jail was needed. It will take four years to build a new jail. They
47 cannot delay any longer.
48
49 Valerie Lloyd submitted and read from her handout (on file) and stated she supports
50 behavior change analysis. Support behavior change through the principle of applied
51 behavior analysis (ABA), which must be designed into the justice system and jail.
52
Regular County Council Meeting, 4/14/2015, Page 6
1 Bill LaFreniere submitted and read from a handout (on file) and stated he supports a
2 program called Parks for Homeless, which would manage temporary camps surrounded by
3 fencing.
4
5 Amy Kahn stated constructing a jail is a public policy decision requiring a broader
6 perspective. Don't put forward a ballot measure on the details of a building without
7 considering the larger criminal justice context. Hire a consultant for saving taxpayer money
8 through alternatives to jail, such as a community court, crisis care facility, law enforcement
9 diversion program, bail reform, risk assessment, and reentry program.
10
11 Anastacia Metcalf stated they need community services to work with the criminal
12 justice system to prevent people from entering the system, especially youth.
13
14 David Wilbrecht, Blaine City Manager, stated the City of Blaine is satisfied with the
15 development of the interlocal agreement.
16
17 Kris Halterman stated a triage center and restorative justice are issues separate
18 from the jail. The longer a new jail is delayed, the more it is going to cost. Restorative
19 justice is a great thing, but that has to be done through the State judicial system and State
20 law. Move this forward now, and let the people vote on it.
21
22 Daron Smith, jail staff union representative, stated the County needs a new jail.
23 The overcrowding affects the jail staff, who work ten to 12 hours per day. He described the
24 conditions of the jail. The conditions are a powder keg ready to explode. Safer conditions
25 for staff and inmates are the right thing to do. Build a facility the community needs right
26 now. Diversion and alternative programs with proven, positive results are necessary and
27 should be funded, but they shouldn't delay the process of building a new jail.
28
29 Paul Myers, Whatcom County Civil Service Commission Chair, stated try to get this
30 on the August ballot. The results of the fire drill were astounding, because it took too long
31 to move the prisoners out of one set of doors and get the firefighters into the building
32 through another set of doors. There's no place to put the prisoners once they're out of the
33 building. The time has come to move the new jail project forward.
34
35 Riley Sweeney referenced the Jail Planning Task Force report, which recommends
36 that space be found for a mental health triage facility. He supports the size of the jail and
37 the vote in November, but a mental health triage center needs to be part of the package.
38 Look at the bail bond system in Kentucky. Commercial bail bonds people have been cut out
39 of the system.
40
41 Karen Steen described time she spent working as a nurse with people with a mental
42 illness. This problem began when the Federal government started defunding the mental
43 health system. Come together and lead this nation on alternatives for people with mental
44 illness instead of putting them in jail. She supports suggestions that have been made.
45 Remove people with mental illness from the jail who need projection. Create an initiative
46 and funding plan that addresses mental health needs separate from criminal incarceration.
47 She also supports the recommendations of the Restorative Community Coalition phase one
48 plan.
49
50 Ward Naviaux stated he is an emergency physician at St. Joseph Hospital. It's
51 important to include mental health and substance abuse triage facilities and manage those
52 patients accordingly. People with mental illness and substance abuse issues are diverted
53 from the jail into the emergency room, because they have no place else to go. They take
Regular County Council Meeting, 4/14/2015, Page 7
up a disproportionate amount of time, preventing the hospital staff from caring for other
trauma and medical patients.
Gaytha Weis stated the Council should institute a system that lets people know the
Council has received their letters. Listen to experts who know how to do things that can
help. Deter crimes before they take place, which requires community policing, not fancy
office buildings. Address programs that meet the needs of people.
Josh Cerretti stated consider a program that eliminates cash bail entirely. Eliminate
the bail bondsman. Instead, evaluate people based on their likelihood to appear and
provide services during that time to address recidivism. Relieving jail overcrowding can be
done by alternatives, not just by building a bigger jail. Consider alternatives to have fewer
people in jail. The DLR Group is in the business of building prisons. The Sheriff is also
asking for a new office. Think about how the proponents are invested. Don't plan to
incarcerate more people in the future. Plan to incarcerate fewer.
Deborah Hauley offered to meet with Council to provide examples of successful
incarceration alternatives. She started an organization supporting prison reform. She
supports the Restorative Justice Coalition. Only ten percent of jail populations are waiting
to go to prison. Inmate families are unrecognized stakeholders and voices for the
incarcerated.
Susanne Walker stated she has toured the jail. They keep talking about beds, but
many inmates don't sleep on beds. Also, the jail is one of the largest food services facilities
in Whatcom county, but the kitchen and food storage is inadequate. The electronic system
is decades old. People have to work in a facility that no one would want to work in. Provide
a state -of- the -art, earthquake -proof facility with a kitchen adequate to feed the number of
meals they prepare three times per day. Get the electronics up -to -date so there is safety
equipment in the building. During her tours, the staff were kind, gentle, and positive with
the inmates.
Chris Phillips, Peace Health Medical Center, stated he supports a new jail. There
must also be a concurrent, substantive planning effort with a timeframe to create behavioral
health diversion and treatment programs with people with severe mental illness and
substance abuse problems. Social justice must be a core value. Show compassion to those
with behavioral health problems. Good stewardship of resources is also a core value. They
understand physical constraints. A new jail is important for inmates and corrections staff.
Peace Health would like an opportunity to be part of a concurrent planning process to
develop diversion and treatment programs that will increase the likelihood of voter approval
for a much - needed jail.
Charlie Storrs stated don't rush into building a jail that must last 50 years. There is
no reentry program for those getting out of jail. Consider a reentry program. People are
not getting through the system in a timely manner. Find a way to incentivize the
prosecutors and public defenders to move people through the system in a more timely
manner. Also, remind people of their court dates.
Roger Hull stated he is a contractor. He read the construction information regarding
the jail. He asked if there is a conflict of interest. The architecture firm has too much to
gain by making this cost too much. The County needs an in -house facilitator to develop an
appropriate budget. Don't rely on the architect statement.
Regular County Council Meeting, 4/14/2015, Page 8
Dave Finet, Opportunity Council Executive Director, stated consider heavily the
testimony from Mr. Phillips representing the Peace Health Medical Center. He supports the
construction of a corrections facility. He would like to see a triage center expansion in
phase one. Don't wait for the new jail to open. The County needs to deal with diversion
issues, but it needs to be done separately from the jail. Don't disconnect diversion from jail
construction. They are connected in terms of the future expansion plans of the jail.
Jaylia Lewis stated she wants to vote for both a new jail and also for alternatives,
diversion, and restorative justice. This issue shouldn't divide the community. Create
bipartisan support.
Patrick Alesse stated everyone has provided great testimony.
Wendy Jones, Whatcom County Jail Chief of Corrections, stated people have spoken
about excellent programs. They try jail alternatives and work with a variety of social
services agencies. They can do more for the jail population by working together. The
interlocal agreement will cover the bonding cost to build the new jail. There is no reason
why they can't also put forward jail alternatives and the triage center. Everyone who has
spoken agrees they need a new jail. They must continue looking at diversion programs,
strengthening the reentry programs they already have, and making sure they have facilities
necessary to treat people who aren't safe in the community. They cannot turn away the
folks they get in the jail. They have booked individuals, held them, and treated them after
these individuals have been told to leave and not come back to the detoxification center,
hospital, homeless mission, and the Interfaith and SeaMar clinics. These are people with
substance abuse or mental health issues who are so out of control and dangerous, that it's
not safe for community providers to try and help them. Make sure that the jail has robust
programs to treat the people who are too ill to be anyplace else. They can do that
collaboratively as a community. Executive Louws has brought forward a very good idea for
moving both of those things tangentially.
Ronna Loerch stated violent mentally ill people do not belong in jail. They belong in
a facility in the community for violent mentally ill people. If the County is afraid of what will
happen to people in the existing jail, then get people out of jail. Many people are in the jail
just waiting for something to happen. Remove the nonviolent offenders. Hire a half -time
person to make court appearance reminder calls. Read the material from Irene Morgan.
The LEAD program for law enforcement diversion is a good program that reduces costs.
The Homes First program is also successful in other cities. Good ideas have been presented
tonight.
Terri Terry described her background working with offenders. The jail currently has
programs to teach work skills, literacy, and parenting skills.
Michael Birch stated judges require cash because they want the person to stay.
Don't blame the lawyers and judges for continuances. In the last 20 years, there have been
over 250 million arrests in the United States. The FBI maintains a criminal database with
77.7 million Americans on the list. In the United States, two people out of seven have a
record, and one person in 12 has a felony. The jail is the chokepoint. Diversion programs
are post -jail programs. They don't take people off the street because they are mentally ill,
poor, or stupid. They take people off the street because they commit crimes. They have to
do something about the jail, which is deplorable. Most of the people in jail have not been
convicted of a crime. Jail is not prison. Jail is for temporarily holding people. Most people
are waiting for a hearing, and are presumed innocent. At the current arrest rate, one in 20
people will go to jail.
Regular County Council Meeting, 4/14/2015, Page 9
1
2 Elliot Fine stated the jail, built in the 1980's, began falling apart when it was ten
3 years old. Look into the cause of that, and don't make the same mistake with the new jail.
4
5 Carol Perry stated the number one issue for government is public safety and law
6 enforcement. There has been much information regarding building a new jail. People have
7 argued against the jail location, size, architect, and other issues. It's okay to eliminate
8 anything else to pay for public safety and a jail.
9
10 Cliff Langley stated he was a corrections officer beginning in 1984. The current jail
11 has had issues from the beginning. Those issues won't go way. Delaying will just increase
12 costs. Build the new jail. There are programs out there, and people will always offer these
13 programs. Career criminals know they will be released from the jail because there is no
14 room. That's why there are so many failure to appear (FTA) warrants. If they want another
15 program, look at the community policing program. Give the Sheriff more deputies for
16 community policing.
17
18 Candice Wilson described her family's background in law enforcement. Public safety
19 is also about people who might be in a situation that is hurtful to themselves and others.
20 Make sure elected officials listen to the people. The diverse population must be
21 represented.
22
23 Hearing no one else, Weimer closed the public hearing.
24
25 Brenner stated it's frustrating that they don't have a lot of choices about who goes
26 to jail. The municipalities have their own rules on what is a misdemeanor and who goes to
27 jail. The County needs to talk with the municipalities about changes in terms of who goes
28 to jail. They can work on a new jail and on alternatives at the same time without stalling
29 anything. Also, a primary election is not the election that gets people engaged in what is
30 going on. She will not support putting the measure on an August election, but she will
31 support a November election.
32
33 Buchanan stated he thanks the public for all of the information they provided.
34
35 Sidhu stated he also thanks the public. Ultimately, the citizens will pay for the jail
36 for the next 30 years. Also, the community is very fortunate to have Executive Louws and
37 Sheriff Elfo as leaders. This is not an easy project. The biggest message tonight is to not
38 make this a divisive issue. They can collectively find solutions to all the issues.
39
40 Weimer stated he thanks everyone for speaking. A lot of smart people work for the
41 County. They can work on both issues at the same time. They've heard a lot of heartfelt
42 and encouraging testimony. The path forward is to do two things at once.
43
44 Jack Lowes, County Executive, stated he thanks the people tonight for speaking.
45 There is a tremendous amount of information on the Executive's website and Health
46 Department's website, and through the Council Office and Sheriff's Office. His office
47 answers questions via email. He thanked the Council for the afternoon work session. They
48 will work together to develop a resolution that commits Whatcom County to fast - tracking
49 the additional programs necessary in the future to augment the jail. There is a draft
50 resolution for a diversion task force.
51
52 (Clerk's Note: The Council took a break at 10:04 p.m.)
53
Regular County Council Meeting, 4/14/2015, Page 10
OPEN SESSION
The following people spoke:
• Rick Keen spoke about elected officials asking a person not to run for office
and about the Council's unwelcoming attitude about business.
• Wendy Czopp, Represent Whatcom County volunteer organizer, spoke about
anti - corruption legislation.
• Keith Frederickson spoke about anti - corruption legislation.
• Ronna Loerch spoke about anti - corruption legislation and the proposed new
jail.
• Jenny Bowfield spoke about anti - corruption legislation.
• Joy Gilfilan spoke about the Council's work to keep up with issues and about
problems with the system.
• Karen Steen spoke about anti - corruption legislation.
• Lynn Barton spoke about timing of the meeting's open session.
Brenner stated the Council should consider having the open session at the beginning
of the meeting.
CONSENT AGENDA
Browne reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through seven.
Weimer withdrew item seven.
The motion to approve Consent Agenda items one through six carried by the
following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN WHATCOM COUNTY AND
SKAGIT COUNTY FOR USE OF THE PLANTATION RIFLE RANGE BY THE
SKAGIT COUNTY SHERIFF'S DEPARTMENT FOR THE PURPOSE OF
PROVIDING FIREARMS QUALIFICATIONS FOR COMMISSIONED AND NON-
COMMISSIONED PERSONNEL, IN THE AMOUNT OF $7,973.50 (AB2015 -125)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN WHATCOM COUNTY AND
THE CITY OF BELLINGHAM FOR USE OF THE PLANTATION RIFLE RANGE BY
THE BELLINGHAM POLICE DEPARTMENT FOR THE PURPOSE OF PROVIDING
FIREARMS QUALIFICATIONS FOR COMMISSIONED AND NON-
COMMISSIONED PERSONNEL, IN THE AMOUNT OF $26,895.50 (AB2015-
126)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SIEMENS INDUSTRY, INC.,
FOR THE TECHNICAL SUPPORT HVAC CONTROLS SERVICES AGREEMENT FOR
THE COURTHOUSE, JAIL, JAIL WORK CENTER, NORTHWEST ANNEX, LOTTIE
ANNEX, CENTRAL SHOP, EAST WHATCOM REGIONAL RESOURCE CENTER,
Regular County Council Meeting, 4/14/2015, Page 11
1 FOREST STREET ANNEX, AND CIVIC CENTER ANNEX, IN THE AMOUNT OF
2 $148,503.77 (AB2015 -127)
3
4 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE
5 PURCHASE OF WATERBORNE TRAFFIC LINE PAINT FOR 2015 USING AN
6 INTERLOCAL AGREEMENT WITH PIERCE COUNTY AND VENDOR ALPINE
7 PRODUCTS, INC. (AB2015 -128)
8
9 5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE
10 PURCHASE OF WATERBORNE TRAFFIC LINE PAINT FOR 2015 USING AN
11 INTERLOCAL AGREEMENT WITH LEWIS COUNTY AND VENDOR SHERWIN
12 WILLIAMS (AB2015 -129)
13
14 6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
15 CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
16 ATTORNEY CURT WYRICK FOR REPRESENTATION IN THE BRITISH
17 PETROLEUM ASSESSMENT APPEALS IN CONJUNCTION WITH THE WHATCOM
18 COUNTY PROSECUTOR'S OFFICE, IN THE AMOUNT OF $54,500 (AB2015-
19 130)
20
21 Browne reported for the Finance and Administrative Services Committee and
22 moved to approve the request.
23
24 Weimer stated he is opposed to this item.
25
26 The motion carried by the following vote:
27 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Kremen (6)
28 Nays: Weimer (1)
29
30 7. REQUEST APPROVAL TO AMEND THE CONTRACT BETWEEN WHATCOM
31 COUNTY AND VAN NESS FELDMAN, LLC, FOR OUTSIDE LEGAL
32 REPRESENTATION, IN THE AMOUNT OF $10,000, FOR A TOTAL AMENDED
33 CONTRACT AMOUNT OF $150,000 (AB2014 -1368)
34
35
36 OTHER ITEMS
37
38 1. ORDINANCE AUTHORIZING AMENDMENT NO. 2 TO ORDINANCE 2014 -11,
39 ESTABLISHING THE DAKOTA CREEK BRIDGE NO. 500 PROJECT FUND AND
40 BUDGET (AB2015 -120)
41
42 Browne reported for the Finance and Administrative Services Committee and
43 moved to adopt the ordinance.
44
45 Brenner stated she would like to vote on Other Item number three before voting on
46 this item and the next item.
47
48 3. ORDINANCE AMENDING WHATCOM COUNTY CODE 3.08, PURCHASING
49 SYSTEM (AB2015 -042) (COUNCILMEMBER PROPOSAL)
50
51 Browne reported for the Finance and Administrative Services Committee and
52 moved to adopt the substitute ordinance.
53
Regular County Council Meeting, 4/14/2015, Page 12
1 The motion carried by the following vote:
2 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
3 Nays: None (0)
4
5 1. ORDINANCE AUTHORIZING AMENDMENT NO. 2 TO ORDINANCE 2014 -11,
6 ESTABLISHING THE DAKOTA CREEK BRIDGE NO. 500 PROJECT FUND AND
7 BUDGET (AB2015 -120)
8
9 Brenner stated contracts now come back to the Council, so she can vote for it.
10
11 Mann stated he will not vote for this ordinance. It's an unnecessary expenditure.
12
13 The motion carried by the following vote:
14 Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Kremen (6)
15 Nays: Mann (1)
16
17 2. ORDINANCE AUTHORIZING AMENDMENT NO. 1 TO ORDINANCE NO. 2014-
18 012, ESTABLISHING THE SLATER ROAD INTERSECTIONS, IMHOFF ROAD
19 AND FERNDALE ROAD, CRP NO. 910003 PROJECT BUDGET (AB2015 -121)
20
21 Browne reported for the Finance and Administrative Services Committee and
22 moved to adopt the ordinance.
23
24 The motion carried by the following vote:
25 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
26 Nays: None (0)
27
28 3A. ORDINANCE AMENDING WHATCOM COUNTY CODE 3.08, PURCHASING
29 SYSTEM (AB2015 -042) (EXECUTIVE PROPOSAL)
30
31 This item was not discussed.
32
33 4. ORDINANCE AMENDING THE 2015 WHATCOM COUNTY BUDGET, FOURTH
34 REQUEST, IN THE AMOUNT OF $1,444,000 (AB2015 -119)
35
36 Browne reported for the Finance and Administrative Services Committee and
37 moved to adopt the ordinance
38
39 The motion carried by the following vote:
40 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
41 Nays: None (0)
42
43 S. CONSIDERATION OF SETTLEMENT AGREEMENT RELATED TO GROWTH
44 MANAGEMENT HEARINGS BOARD CASE NO. 11- 2 -0010C (AB201015 -135)
45
46 Brenner moved to approve the agreement.
47
48 The motion carried by the following vote:
49 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
50 Nays: None (0)
51
52
53
Regular County Council Meeting, 4/14/2015, Page 13
EXECUTIVE APPOINTMENTS TO BOARDS COMMISSIONS AND COMMITTEES
1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENTS TO
THE NORTHWEST SENIOR SERVICES BOARD (AB2015 -131)
Brenner moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
ADOPTION OF 2014 COMPREHENSIVE PLAN AMENDMENTS
1. ORDINANCE REPEALING THE 1994 ELIZA ISLAND PLAN AND AMENDING
PROVISIONS IN THE WHATCOM COUNTY COMPREHENSIVE PLAN AND
ZONING CODE RELATING TO THE PLAN (AB2014 -196)
Brenner moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
2. ORDINANCE REPEALING THE 1991 SOUTH FORK VALLEY SUBAREA PLAN
AND AMENDING PROVISIONS IN THE WHATCOM COUNTY COMPREHENSIVE
PLAN RELATING TO SUBAREA PLANS (AB2014 -197)
Browne moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
3. ORDINANCE REPEALING THE 1982 LAKE WHATCOM SUBAREA PLAN AND
AMENDING PROVISIONS IN THE WHATCOM COUNTY COMPREHENSIVE PLAN
RELATING TO SUBAREA PLANS (AB2014 -198)
Buchanan moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
4. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 AND THE
COMPREHENSIVE PLAN REGARDING SURFACE MINE PERMITTING, THE
MINERAL RESOURCE LANDS DESIGNATION PROCESS, AND MINERAL
RESOURCE LANDS DESIGNATION CRITERIA (AB2014 -344)
Brenner moved to adopt the ordinance.
Regular County Council Meeting, 4/14/2015, Page 14
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Kremen moved to approve all four amendments concurrently.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
INTRODUCTION ITEMS
Buchanan moved to accept the Introduction Items.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
1. ORDINANCE AMENDING THE 2015 WHATCOM COUNTY BUDGET, FIFTH
REQUEST, IN THE AMOUNT OF $136,500 (AB2015 -132)
2. GROINANGE RESOLUTION AMENDING THE 2015 WHATCOM COUNTY FLOOD
CONTROL ZONE DISTRICT BUDGET, FIRST REQUEST, IN THE AMOUNT OF
$80,000 (AB2015 -133) (COUNCIL ACTING AS THE WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS)
3. RECEIPT OF APPLICATIONS FOR THE SUMAS / EVERSON/ NOOKSACK FLOOD
SUBZONE, APPLICANTS: JERRY JUERGENS, LARRY MADES AND THOMAS
SWARTWOOD (AB2015 -089) (APPLICATION DEADLINE FOR ANY OTHER
APPLICANTS TO THIS VACANCY IS 10 A.M. ON APRIL 21, 2015) (COUNCIL
ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT
BOARD OF SUPERVISORS)
COMMITTEE REPORTS
Buchanan reported for the Natural Resources Committee on the presentation of
the Lake Whatcom Management Program 2015 -2019 Work Plan (AB2015 -124).
Brenner reported for the Public Works, Health, and Safety Committee on the
discussion regarding a proposed ordinance establishing parking restrictions on
Bennett Drive (AB2015 -118), the presentation by Rob Nye, Public Works Special
Programs Manager, on the ferry operations report for Fiscal Year 2014 (AB2015-
074A), and the issue of Round Up herbicide. They are waiting for an Environmental
Protection Agency (EPA) report.
Weimer reported that they are moving forward with hiring the new Council policy
analyst. The Chair and one other councilmember will do the interviews.
Mann volunteered to be an interviewer.
Buchanan nominated councilmember Mann.
Regular County Council Meeting, 4/14/2015, Page 15
1
2 Brenner stated she doesn't support hiring the position, so she won't support this
3 motion.
4
5 The motion carried by the following vote:
6 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (6)
7 Nays: Brenner (1)
8
9 Browne asked what happens after Councilmembers Weimer and Mann conduct the
10 interviews.
11
12 Kremen stated it's inappropriate to have councilmembers involved besides the two in
13 the interview process, but it might be beneficial to have a reception for the two or three
14 finalists. Allow the councilmembers to give an opinion before the final decision is rendered.
15
16 Dana Brown - Davis, Clerk of the Council, stated there is one more step where all
17 councilmembers are involved. The Council wouldn't rely on Councilmembers Weimer and
18 Mann to make the final decision.
19
20 Mann asked if the Council needs to decide on that step now. Brown -Davis stated it
21 doesn't.
22
23
24 UPDATES AND OTHER ITEMS FROM COUNCILMEMBERS
25
26 Brenner stated the anti - corruption resolution is a good idea.
27
28 Sidhu stated he suggests that the Council purchase a Bellingham Herald online group
29 subscription.
30
31 Browne asked if they should also subscribe to the other newspapers.
32
33 Kremen stated they should subscribe to all the weekly newspapers.
34
35 ADJOURN
36
37 The meeting adjourned at 11:02 p.m.
38
39 The Co�4gy„ g9Hncil approved these minutes on July 21, 2015.
42 ATTE: 1+7Q• `� WHATCOM COUNTY COUNCIL
44 • o COU;�ITY�•� WHATCOM COUNTY, WASHINGTON
45•
46 •• A - A
48 Dana Brown :E _ 'sxrncil irk Carl Weimer, Council Chair
49 •''
50 ,,., rrrr��►��� +��w
51
52
53 Jill Nixon, Minutes Transcription
Regular County Council Meeting, 4/14/2015, Page 16