HomeMy WebLinkAboutCounty Council May 30 20171
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WHATCOM COUNTY COUNCIL
Regular County Council Meeting
May 30, 2017
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd
Donovan, Rud Browne and Barry Buchanan.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
PUBLIC HEARINGS
2. ORDINANCE ADOPTING VARIOUS MINOR AMENDMENTS TO WHATCOM
COUNTY CODE TITLE 20 ZONING, MAKING CORRECTIONS, UPDATES, AND
CLARIFICATIONS (AB2017 -169)
Gary Davis, Planning and Development Services Department, gave a staff report.
The public hearing and discussion of this item continued later in the meeting (be /ow).
MINUTES CONSENT
Brenner moved to approve the Minutes Consent items.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
1. SPECIAL COMMITTEE OF THE WHOLE FOR APRIL 18, 2017
2. REGULAR COUNTY COUNCIL FOR APRIL 18, 2017
3. SPECIAL COMMITTEE OF THE WHOLE (EXECUTIVE SESSION) FOR MAY 2,
2017
4. SPECIAL COMMITTEE OF THE WHOLE (OPEN MEETING) FOR MAY 2, 2017
S. REGULAR COUNTY COUNCIL FOR MAY 2, 2017
Regular County Council Meeting, 5/30/2017, Page 1
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SPECIAL PRESENTATION
1. COUNTY EXECUTIVE JACK LOUWS TO PRESENT THE "STATE OF THE
COUNTY" ADDRESS (AB2017 -017B)
Jack Louws, County Executive, submitted and gave the State of the County address
(on file).
PUBLIC HEARINGS
1. RESOLUTION GRANTING A QUIT CLAIM DEED TO THE CITY OF BELLINGHAM
(AB2017 -167)
Buchanan opened the public hearing and, hearing no one, closed the public hearing.
Brenner moved to approve the resolution.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
2. ORDINANCE ADOPTING VARIOUS MINOR AMENDMENTS TO WHATCOM
COUNTY CODE TITLE 20 ZONING, MAKING CORRECTIONS, UPDATES, AND
CLARIFICATIONS (AB2017 -169)
Buchanan opened the public hearing and, hearing no one, closed the public hearing.
Browne moved to adopt the ordinance.
The motion was seconded.
Davis answered questions on and councilmembers discussed the maximum allowable
square feet per building and uses that must be consistent with the use as of 1990; the
difference between type one and type three limited areas of more intense rural development
(LAMIRDs); and the definitions of "kennel" and "road classification," including shared
driveways.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
3. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS
PROPERTY PURSUANT TO WHATCOM COUNTY CODE 1.10 (AB2017 -162A)
Buchanan opened the public hearing and, hearing no one, closed the public hearing.
Brenner moved to approve the resolution.
The motion was seconded.
Regular County Council Meeting, 5/30/2017, Page 2
1 The motion carried by the following vote:
2 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
3 Nays: None (0)
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6 OPEN SESSION
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8 The following people spoke:
9 • Katie Cruickshank, Northwest Youth Services, spoke about the proposed
10 resolution regarding vocational programs for homeless youth.
11 • Carol Perry spoke in favor of a new jail.
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13 The following people spoke about concerns with the proposed new jail and related
14 funding, behavioral health services, and other jail - related issues:
15 • Joy Gilfilen, Restorative Community Coalition, submitted and read from a
16 handout (on file)
17 • Jean Leib
18 • Amy Malone, Restorative Community Coalition Board Member
19 • Charlie Stores
20 • Amy Glasser
21 Robert Lee
22 Lisa Farino
23 Clint Lincoln
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26 OTHER ITEMS
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28 1. RESOLUTION AUTHORIZING AND APPROVING THE INTERLOCAL JAIL
29 FACILITY FINANCING AND USE AGREEMENT BETWEEN WHATCOM COUNTY
30 AND THE CITIES OF BELLINGHAM, BLAINE, EVERSON, FERNDALE, LYNDEN,
31 NOOKSACK, AND SUMAS (AB2017 -107A)
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33 -AND-
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35 S. RESOLUTION SETTING A HEARING DATE TO GATHER PUBLIC COMMENT ON
36 THE SIZING OF A PROPOSED NEW WHATCOM COUNTY JAIL (AB2017 -196)
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38 (Clerk's Note: Council discussed Other Items 1 and 8 concurrently.)
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40 Browne moved to approve the resolution to set a public hearing date (AB2017-
41 196).
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43 The motion was seconded.
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45 Jack Louws, County Executive, requested an amendment to the second Whereas
46 statement to also reference the City of Bellingham administration and Scott Korthuis,
47 Lynden Mayor, who have also estimated the necessary bed capacity.
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49 The following staff answered questions:
50 Jack Louws, County Executive
51 Bill Elfo, County Sheriff
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53 Browne accepted the suggestion from Executive Louws as a friendly amendment.
Regular County Council Meeting, 5/30/2017, Page 3
Donovan suggested a friendly amendment to add a fourth bullet point in the last
Whereas statement, "Decision on whether Division Street will remain as a low security
facility."
Browne accepted the friendly amendment.
Brenner suggested a friendly amendment to the third bullet point in the last
Whereas statement, "Accepted best practices require operation at 85% capacity, provision
of empty beds to allow for the needed separation of inmate classifications, handling
temporary surges in occupancy, and provision of temporary housing for large arrest
events."
Browne accepted the friendly amendment.
Councilmembers and Executive Louws discussed how this resolution works with the
facility use agreement; the purpose of a public hearing; waiting to finalize the facility use
agreement until they know the jail bed size number; the condition of the current jail;
separating decisions on the jail from other issues, such as behavioral health and other
services; whether or not they will limit the hearing topic to jail size and location; whether or
not they should finalize the facility use agreement with specific jail size before or after a
public hearing; providing behavioral health services to inmates; inviting the jurisdictions to
tell the County their preferred jail size; and the fate of the minimum security facility on
Division Street.
Browne tabled his motion until later in the meeting.
Mann moved to approve the substitute resolution and jail facility use agreement
(]FUA) as amended in Finance Committee (AB2017- 107A).
The motion was seconded.
Councilmembers discussed making sure voters know how the County and Cities will
spend the revenue collected from the new sales tax; adding language that requires the
Cities and County to dedicate funding to behavioral health programs; mentioning the
planned triage center in the agreement; the staff requirement of operating two jail facilities;
and removing the reference in the agreement to selling the Division Street property.
Donovan moved to amend Recital 10, "The County will not sell the Division Street
property when the new jail is completed and — caper-ationai. IF-- -seld- -aF— tfransfer -Fed .= with
bediavier- al-- he-&I, r-ob efa� When retrofitted as an adult correction facility, a number of
beds at the Division Street facility will count toward the numbers in Recital I"
The motion to amend was seconded.
Councilmembers discussed adding language that Cities and County will dedicate a
certain amount of money to behavioral health programs, referring this item and the
previous item to Committee of the Whole, the ballot timelines, and considering the
continuation of the Division Street facility as it is, separate from a full- security jail.
Donovan withdrew his motion to amend.
Regular County Council Meeting, 5/30/2017, Page 4
Brenner moved to approve the original JFUA forwarded to the Council from the
administration, beginning on Council packet page 10.
The motion was seconded
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Browne moved to amend the motion to return to the original jail bed size numbers
as proposed by the Executive.
The motion was seconded.
Councilmembers and staff discussed potential problems with changes to the
termination language and appropriate jail bed size.
Browne moved to amend to approve the substitute resolution and jail facility use
agreement (JFUA), as amended in Finance Committee, with an amendment:
• On page 20 of the agreement, Part IV, Section 2, Expiration of Agreement,
return to the original language proposed by the administration, "EXPIRATION
OF AGREEMENT. After December 21, 2048, the provisions in this Agreement
regarding payments and financing of the New Jail by the Parties, and as
defined as the Total Capital Cost for Project in this Agreement, shall
terminate. The provisions of this Agreement relating to financing the New Jail
by the Parties are not subject to termination pursuant to RCW 70.48.090. City
access to the services at the New Jail, based on a City's pro -rata share, shall
remain in effect so long as the New Jail is used as a correctional facility. After
December 31, 2018, all other provisions and terms in this Agreement may be
amended, modified, revised by the County, or any Party may terminate the
Agreement in its entirety only if a new Jail Use Agreement is provided
allowing the Cities access to all the services at the New Jail. All termination
provisions set forth in RCW 70.48.090 are, to the fullest extent allowed by
law, superseded by this Agreement."
The motion was seconded.
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Browne moved to amend the substitute resolution and jail facility use agreement
(JFUA), as amended in Finance Committee:
« In the resolution and on page 1 of the agreement, Recital 3, return to the jail
bed size numbers as originally proposed. "The size of the new jail will be 440
beds, with a 3 percent increase (453) or decrease (427) allowance based on
design considerations, with an additional...."
The motion was seconded.
The motion to amend carried by the following vote:
Ayes: Brenner, Sidhu, Browne, and Weimer (4)
Nays: Mann, Buchanan, and Donovan (3)
Regular County Council Meeting, 5/30/2017, Page 5
Weimer moved to amend the substitute resolution and jail facility use agreement
(JFUA), as amended in Finance Committee, to reinstate the reference to location at
LaBounty Road in Recital 3 on agreement page 1, "The County intends to build, own and
operate a new jail located on LaBounty Road in Ferndale, Whatcom County, Washington,
hereinafter...."
The motion was seconded.
The motion to amend carried by the following vote:
Ayes: Brenner, Sidhu, Browne, Donovan, and Weimer (5)
Nays: Mann and Buchanan (2)
Mann moved to amend language in the resolution and agreement:
• Recital 6 of the agreement, "In 2017, the Whatcom County Council w-k4 may
consider a resolution that will place a proposition before the Whatcom County
voters...."
• The last Whereas statement on page two of the resolution, "Whereas, in
2017, the Whatcom County Council w+l4 may consider this a resolution that
will place a proposition before the Whatcom County voters...."
The motion was seconded.
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Louws and councilmembers discussed Recital 10 and whether or not to retain the
second facility on Division Street.
Browne moved to amend language in the resolution and agreement:
• Recital 10 of the agreement, "...of people with behavioral health problems. 1f
retabned as an adult cerrectional facility, - Ref- {lTSTffle•r at t New may be Fedueed by th umber of beds available at the inteFiFn EOFFeetien
faE+Fity. This facility shall not be retained as an adult correctional facility."
• The fourth Whereas statement on page three of the resolution, "...of people
with behavioral health problems. 4f�e as a -dtA1;--e ► 1U-T" ;4-
avamlable at the inteFifn r-erFection fact 4ty This facility shall not be retained as
an adult correctional facility."
The motion was seconded.
Brenner suggested a friendly amendment, "This facility shall be used as a triage
center, not a jail facility."
Councilmembers discussed building a new triage facility versus using the existing
building.
Browne did not accept the friendly amendment,
Regular County Council Meeting, 5/30/2017, Page 6
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6)
Nays: Donovan (1)
The motion to approve the substitute resolution and agreement as amended carried
by the following vote:
Ayes: Brenner, Sidhu, Browne, and Weimer (4)
Nays: Mann, Buchanan, and Donovan (3)
S. RESOLUTION SETTING A HEARING DATE TO GATHER PUBLIC COMMENT ON
THE SIZING OF A PROPOSED NEW WHATCOM COUNTY JAIL (AB2017 -196)
(Clerk's Note: Discussion continued from earlier in the meeting.)
Browne moved to approve the resolution with the following amendments:
• Amend the second Whereas statement, "Whereas, the Whatcom County
Administration, City of Bellingham administration, and Lynden Mayor Scott
Korthuis 4as have estimated necessary...."
• add a fourth bullet point, "What they do with the Division Street facility."
• Amend the third bullet point, "Accepted best practices require operation at
85% capacity, provision of empty beds to allow for the needed separation of
inmate classifications, handling temporary surges in occupancy, and provision
of temporary housing for large arrest events."
The motion was seconded.
Councilmembers discussed the purpose of a public hearing now that they've decided
on the size range in the JFUA.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, and Buchanan (5)
Nays: Weimer (1)
Absent: Donovan (out of the room) (1)
2. RESOLUTION IDENTIFYING 2018 AND 2019 SALARIES AND BENEFITS FOR
ELECTED OFFICIALS (AB2017 -171)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the corrected resolution (on file).
The motion carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Absent: Brenner (out of the room) (1)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERAGENCY GRANT AGREEMENT BETWEEN WHATCOM COUNTY FLOOD
CONTROL ZONE DISTRICT AND WASHINGTON STATE DEPARTMENT OF
HEALTH TO SUPPORT IMPLEMENTATION OF THE WHATCOM COUNTY
POLLUTION IDENTIFICATION AND CORRECTION PROGRAM, IN THE
AMOUNT OF $715,000 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD
CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) (AB2017 -172)
Regular County Council Meeting, 5/30/2017, Page 7
Browne reported for the Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Absent: Brenner (out of the room) (1)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT AND WHATCOM COUNTY PUBLIC UTILITY DISTRICT NO. 1
TO PROVIDE PARTIAL FUNDING FOR PHASE 4 OF A GROUNDWATER FLOW
MODEL OF THE LYNDEN- EVERSON- NOOKSACK -SUMAS AREA OF WHATCOM
COUNTY (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BOARD OF SUPERVISORS) (AB2017 -173)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Absent: Brenner (out of the room) (1)
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT
AND ASSOCIATED EARTH SCIENCES, INC. FOR PHASE 4 OF A
GROUNDWATER MODEL OF THE LYNDEN - EVERSON- NOOKSACK -SUMAS AREA
OF WHATCOM COUNTY (NUMERICAL MODEL ANALYSIS AND
DOCUMENTATION), IN THE AMOUNT OF $336,526 (COUNCIL ACTING AS THE
WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF
SUPERVISORS) (AB2017 -174)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Absent: Brenner (out of the room) (1)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #17 -09
FOR MAINTENANCE AND CONSTRUCTION EQUIPMENT (WITHOUT
OPERATORS) TO ALL BIDDERS, IN AN AMOUNT NOT TO EXCEED $100,000
PER VENDOR (AB2017 -175)
Browne reported for the Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Absent: Brenner (out of the room) (1)
Regular County Council Meeting, 5/30/2017, Page 8
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7. RESOLUTION EXPRESSING SUPPORT FOR EFFORTS TO REDUCE
HOMELESSNESS BY INVESTING IN VOCATIONAL PROGRAMS FOR HOMELESS
YOUTH AND REQUESTING THE COUNTY EXECUTIVE PROVIDE FINANCIAL
SUPPORT FOR A PILOT PROJECT TO CREATE OPPORTUNITIES FOR LOW -
BARRIER EMPLOYMENT FOR HOMELESS YOUTH (AB2017 -184)
Browne moved to approve the resolution.
The motion was seconded.
Councilmembers discussed the source and purpose of the resolution, contracting with
Northwest Youth Services, programs to teach people how to be good employees, the
administration's commitment to find a way to fund it, and getting feedback from local
agencies that work on homeless issues.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
SANDRA WARD TO THE LODGING TAX ADVISORY COMMITTEE (AB2017 -176)
Mann moved to confirm the appointment.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
2. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S REAPPOINTMENT
OF DAVID WARREN AND DANIEL LARNER TO THE BELLINGHAM - WHATCOM
PUBLIC FACILITIES DISTRICT (AB2017 -177)
Mann moved to confirm the appointments.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
INTRODUCTION ITEMS
Brenner moved to accept the Introduction Items.
The motion was seconded.
Regular County Council Meeting, 5/30/2017, Page 9
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The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
1. RESOLUTION APPROVING THE SALE OF A CONSERVATION EASEMENT
(AB2017 -178)
2. ORDINANCE TO ESTABLISH SPEED LIMITS ON CERTAIN COUNTY ROADS
(AB2017 -179)
3. ORDINANCE REGARDING ESTABLISHMENT OF SPEED LIMIT ON A PORTION
OF SLATER ROAD (AB2017 -180)
4. ORDINANCE REPEALING AND REPLACING WHATCOM COUNTY CODE
CHAPTER 1.18, COURT FINES AND COSTS (AB2017 -181)
COMMITTEE REPORTS, OTHER ITEMS AND COUNCILMEMBER UPDATES
Donovan reported for the Natural Resources Committee.
Browne reported for the Finance and Administrative Services Committee.
Buchanan reported for the Special Committee of the Whole.
Mann reported for the Incarceration Prevention and Reduction Task Force regarding
the request that, no later than September 2017, the County administration will facilitate the
community meeting for the expansion of the crisis triage facility. Prior to that, the IPRTF
and County will try to educate the community about the benefits.
Councilmembers gave updates on recent activities and upcoming events.
ADJOURN
The meeting adjourned at 10:45 p.m.
The County Cvuncii approved these minutes on June 27,
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Dank- rowrr- �Dav�is;'C_ounr-1l Clerk
Jill Nixon, Minutes Transcription
2017.
COUNTY COUNCIL
COUNTY. WASFIINGTON
Regular County Council Meeting, 5/30/2017, Page 10