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HomeMy WebLinkAboutPublic Works February 23 20161 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 3.5 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 WHATCOM COUNTY COUNCIL Public Works, Health, and Safety Committee February 23, 2016 CALL TO ORDER Committee Chair Barbara Brenner called the meeting to order at 1:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Rud Browne, Ken Mann Absent: None Also Present: Barry Buchanan, Rud Browne, and Carl Weimer COMMITTEE DISCUSSION 1. DISCUSSION REGARDING COMCAST FRANCHISE AGREEMENT (AB2016 -101) Tyler Schroeder, Executive's Office, gave a staff report and stated he is meeting with Comcast next week to continue negotiation. There hasn't been much impact from not having an agreement in place, but it's time to move forward. He and Public Works Department staff will work together as they move forward. They will work from the last agreement. They will ask Comcast to audit franchise fees over the past few years. The City of Bellingham provides good public access television at this time. Brenner asked about Comcast customers not inside the city of Bellingham. Dan Gibson, Prosecutor's Office, stated Bellingham's agreement with Comcast will be a guide for the County. The County may not need to pursue public access service, since the City provides it. Brenner asked about changed federal rules that limit the County's authority. Gibson stated they now operate under the Federal Cable Rate Act, and the County has no role in setting rates. The County can include requirements to establish a framework for complaints about service. The County has little authority other than dictating how its right -of -way works for the franchisee. The County can set a cable franchise fee, which it has already done. The County may also ask for up to two public access channels, but the City already provides public access television. The County has a miniscule role in controlling cable service. Browne stated it was recommended that the County should engage someone who understands the Federal Communication Commission (FCC) rules related to the County's rights in negotiation. Gibson stated the City of Bellingham hired a specialist. Cities are more able to negotiate than counties because of the concentration of customers. Browne stated they should negotiate for a public access channel in high definition (HD), which the City of Bellingham does not provide. Public Works, Health, and Safety Committee, 2/23/2016, Page 1 I Gibson stated he would appreciate it if the Council gave policy direction on 2 negotiation through the Council's policy analyst. 3 4 Buchanan asked the process for the negotiation. Gibson stated the County is 5 working with Comcast staff. If the Council wants to provide some direction, it should do so 6 sooner rather than later. He described the approval process. 7 8 Mann stated he would like to know the Council's options for negotiation. The 9 Bellingham template and the four percent rate is fair. Comcast should pay for a periodic 10 audit. He doubts the County will be able to negotiate for a production studio and cameras. 11 Stick with the basic plan they have now, and make sure that the County is auditing them. 12 13 Weimer stated Comcast should hold a channel for public access if they ever want to 14 use it in the future. 15 16 Donovan asked if the agreement includes broadband internet service. Gibson stated 17 it includes whatever service goes through the County right -of -way. 18 19 Browne stated he can draft a motion for the Council to instruct Mr. Longman to do 20 the research on behalf of the Council on what other jurisdictions have done and what is 21 reasonable to ask for. 22 23 Ray Baribeau stated the franchise fee that Comcast is collecting is more than four 24 percent. The Comcast agent told him the franchise fee in Washington State is five percent. 25 26 Buchanan stated get something from the administration that describes their options 27 for rates and other things they can negotiate and a snapshot of where they are at now with 28 the agreement. Gibson stated the current fee is four percent, and they are able to go up to 29 five percent. 30 31 Schroeder stated the administration can give Council an update after it meets with 32 Comcast. 33 34 Brenner stated she would like a legal opinion of the County's authority. If 35 councilmembers have questions or comments, they can go to the administration. 36 37 38 COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL 39 40 1. PRESENTATION OF THE INCARCERATION PREVENTION AND REDUCTION 41 TASK FORCE PHASE 1 REPORT (AB2016 -102) 42 43 Jack Hovenier, Incarceration Prevention and Reduction Task Force Co- Chair, 44 introduced the Task Force members and the presentation. The Task Force co- chairs are 45 focusing on jail diversion efforts. He described the Task Force subcommittees. All the 46 County staff involved have been very dedicated and have put in a lot of effort during each 47 meeting. The incarceration issue in Whatcom County is significant. 48 49 Jill Bernstein, Incarceration Prevention and Reduction Task Force Co- Chair, stated 50 the Council has the full report, and she will provide an overview. The public has 51 participated with the Task Force. The community is interested and concerned about the 52 issues. 53 Public Works, Health, and Safety Committee, 2/23/2016, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 The Task Force has not taken on the issue of whether or not Whatcom County needs a new jail. They are working on crisis - oriented services that can be implemented as soon as possible. They are looking at successful programs from other jurisdictions and recommending how to adapt them for Whatcom County. Since they issued the report, there has been a reduction of 80 percent in juvenile criminal court filings. Change continues to happen in the community and by jurisdictions. One of the subcommittees identified work to enhance the current triage facility. Enhancing the triage center will be important to the community and to first responders. There is an enormous need for this facility. Whatever facility they build in the future must be a regional facility and used by people in a five - county area. That is the structure of healthcare today. Events happening outside Whatcom County will have impacts within Whatcom County. The judicial subcommittee learned that 35 to 40 percent of the people being held in the jail are pre - trial, but can't pay their bail. The subcommittee is considering whether any of these individuals can be safely released into the community. The subcommittee is also looking at therapeutic courts, such as drug court and mental health court. There is a gap in pre- booking and pre- charging programs. The behavioral health subcommittee inventoried the current services using the sequential intercept model. They will look at how to improve services to prevent people from entering the criminal justice system. They need more supportive housing, treatment services, and treatment workers. They are balancing the concern of liability to find acceptable solutions. Other communities manage the risk of diversion. They must be thoughtful about the process and find smart ways to manage risk. The Task Force will report again in phase two with more specific recommendations. Mann stated the Task Force has been very productive because of Ms. Bernstein and Mr. Hovenier. Everett Barton asked if the website has been updated. Tyler Schroeder, Executive's Office, stated it has been updated. Irene Morgan, Incarceration Prevention and Reduction Task Force Member, stated she appreciates the Task Force co- chairs. She is encouraged about the process. Ray Baribeau stated the real issue is with the criminal justice system, not the jail. The Task Force is learning how complex the issues of mental health and criminal justice are. Some solutions can be implemented soon. Others require changes by the State legislature. Some people who complained about a new jail will not be satisfied, no matter how successful the changes are. He hopes the phase two report includes cost estimates. Mann thanked all the members of the Task Force. Everyone has worked hard and provided constructive feedback. Donovan asked the timeline for phase two. Bernstein stated there will be an update in June. Phase two must be completed by November. Public Works, Health, and Safety Committee, 2/23/2016, Page 3 3 4 5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Mann moved to recommend that the full Council accept the phase one report. The motion carried Ayes: Brenner, Nays: None (0) OTHER BUSINESS by the following vote: Browne, and Mann (3) There was no other business. ADJOURN The meeting adjourned at 2:07 p.m. y��11414VlV�11j1,�` () .' COUNTY « Dana Brow -6MVi {` anti -clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barbara Brenner, Committee Chair Public Works, Health, and Safety Committee, 2/23/2016, Page 4