HomeMy WebLinkAboutSpecial Committee of the Whole December 5 2017WHATCOM COUNTY COUNCIL
Special Committee of the Whole
December 5, 2017
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 2:20 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.
SPECIAL PRESENTATION
1. PRESENTATION OF FINAL PHASE III REPORT OF THE INCARCERATION
PREVENTION AND REDUCTION TASK FORCE (AB2017 -202A)
Jill Bernstein, Incarceration Prevention and Reduction Task Force (IPRTF) Co- Chair,
gave a presentation on the mission of the Task Force; the direct and indirect changes
resulting from the work of the Task Force; examples of leadership from Task Force
members and officials from the County and cities; new programs at the City, County, and
State levels that include book - and - release, drug court housing, and electric home
monitoring; and the projects and work of the three Task Force subcommittees as described
in the report.
Councilmembers and Bernstein discussed participation from the District Court and
Superior Court Judges, focusing on changes that the Council can effect, the level of detail
and funding in the Task Force recommendations, funding sources for programs, next steps
in prioritizing recommendations, the possibility of creating a sobering center within the
triage facility, the dedication of Ms. Bernstein working on the Task Force, and bringing
forward recommendations to the County Council.
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. DISCUSSION REGARDING RESIGNATION OF COUNCILMEMBER TODD
DONOVAN FROM HIS CURRENT POSITION ON THE WHATCOM COUNTY
COUNCIL (EFFECTIVE JANUARY 8, 2018) AND THE PROCESS /TIMELINE FOR
FILLING THE VACANT POSITION (AB2017 -389)
Councilmembers discussed the process for filling the Council position that will be
vacated by Councilmember Donovan. The applicants can reside anywhere in the county
because the position will be at- large. The proposed timeline includes:
• A December 20 noon application deadline
• Appointment dates would be at a brief evening meeting either January 8 or
January 9.
Special Committee of the Whole, 12/5/2017, Page 1
1
2 Dana Brown - Davis, Clerk of the Council, explained the proposed timeline and stated
3 the applications will be publicly available the afternoon of the deadline.
4
5 Sidhu moved to put out a call for the appointment today, set an application
6 deadline by noon on December 20, and hold a Council meeting on January 9 at 6:00 p.m.
7
8 The motion was seconded.
9
10 The motion carried by the following vote:
11 Ayes: Weimer, Buchanan, Brenner, Donovan, Browne, Mann, and Sidhu (7)
12 Nays: None (0)
13
14 3. ORDINANCE ESTABLISHING WHATCOM COUNTY CODE 2.126, CLIMATE
15 IMPACT ADVISORY COMMITTEE (AB2017 -351)
16
17 Councilmembers discussed whether convening the advisory committee will subject
18 the County to lawsuits and how political are this and other advisory committees.
19
20 Brenner moved to withdraw the ordinance from consideration. The motion was not
21 seconded.
22
23 Mann moved to recommend approval to the full Council.
24
25 The motion was seconded.
26
27 The motion carried by the following vote:
28 Ayes: Weimer, Buchanan, Donovan, Browne, Mann, and Sidhu (6)
29 Nays: Brenner (1)
30
31 Linda Twitchell, Building Industry Association, stated include language in the purpose
32 statement of all advisory committees that indicates the committee is advisory only, and the
33 Council is not legally bound to follow its recommendations.
34
35 Ed Ury, ReSources for Sustainable Communities, stated he supports the proposed
36 advisory committee. Reconsider the goal for 100 percent clean energy. Make the goal
37 more specific.
38
39 4. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.02, COUNTY COUNCIL
40 (AB2017 -352)
41
42 Donovan moved to recommend approval to the full Council.
43
44 The motion was seconded.
45
46 Dana Brown - Davis, Clerk of the Council, answered questions.
47
48 Staff and Councilmembers discussed the sources of the suggested changes and
49 clarifications, whether or not some ordinances require public hearing, incorporating Charter
50 amendments into the Code, limiting the number of times someone can attend a meeting by
51 speakerphone or video, listing which ordinances don't require public hearings, having a
52 public hearing on this ordinance, and whether or not there should be a term limit on the
53 position of Council Chair.
Special Committee of the Whole, 12/5/2017, Page 2
Browne moved to hold the ordinance to early next year,
The motion to hold was seconded.
The motion to hold failed by the following vote:
Ayes: Buchanan and Browne (2)
Nays: Brenner, Weimer, Donovan, Mann, and Sidhu (5)
Sidhu moved to withdraw the changes to 2.02.110(B) regarding a list of required
public hearing topics. Have a discussion about those changes later.
The motion was seconded.
Brenner suggested a friendly amendment to also withdraw and consider later
changes to 2.02.040(G).
Sidhu accepted the friendly amendment.
Brenner suggested a friendly amendment to change the term limit of the Council
Chair position to a maximum of four years.
Sidhu accepted the friendly amendment.
Buchanan stated the second friendly amendment is a different type of motion and
must be voted on separately. He restated the motion: withdraw the changes to
2.02.110(B) regarding a list of required public hearing topics and withdraw and consider
later changes to 2.02.040(G).
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Buchanan, and Donovan (5)
Nays: Weimer and Browne (2)
Sidhu moved to amend the term limit of the Council Chair position to a maximum of
four consecutive years.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Sidhu, Donovan, and Buchanan (4)
Nays: Weimer, Mann, and Browne (3)
Sidhu moved to recommend approval as amended.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5)
Nays: Mann and Browne (2)
Special Committee of the Whole, 12/5/2017, Page 3
1 COMMITTEE DISCUSSION
2
3 1. DISCUSSION WITH CHIEF CIVIL DEPUTY PROSECUTOR DANIEL GIBSON
4 REGARDING SPECIFIC AMENDMENTS THAT WERE INCORPORATED INTO THE
5 WHATCOM COUNTY CHARTER IN 2015 (AB2017 -390)
6
7 Dan Gibson, Prosecutor's Office, submitted a handout (on file) and answered
8 questions. He stated he, in consultation with other lawyers, determined there was no
9 conflict between the three proposals that were adopted by the voters. After consultation
10 with other legal staff in the Prosecutor's Office, he is satisfied that when one looked at all of
11 these together, there is not a conflict.
12
13 Councilmembers and Gibson discussed the Washington State standard for resolving
14 conflicting ballot measures; how the Council could propose a ballot measure with a
15 supermajority; determining a conflict through what the language says, not what someone
16 intends to happen; the current options for changing the language that creates a perceived
17 conflict; and how to write a ballot measure that resolves the conflict between the two
18 Charter sections.
19
20 2. REVIEW OF PREVIOUSLY APPROVED CONTRACT AMENDMENT BETWEEN
21 WHATCOM COUNTY AND CASCADIA LAW GROUP PLLC (AB2017 -301)
22
23 Buchanan gave a staff report and read the original scope of work from the contract
24 and of the amendment. He described the reason for the amendment and expanded scope in
25 the amendment due to additional research required and extending the timeline. He
26 suggested they rescind the motion from two weeks ago, and amend the amendment to
27 terminate the agreement on March 31, 2018.
28
29 Dana Brown - Davis, Clerk of the Council, submitted a handout -(on file) of the contract
30 with the proposed amendment to extend the deadline to March 31, 2018.
31
32 Karen Frakes, Prosecutor's Office, stated that the correct motion is to add to the
33 agreement to extend the deadline.
34
35 Donovan moved to recommend that the Council to rescind the previous motion
36 approving the contract.
37
38 The motion was seconded.
39
40 The motion carried by the following vote:
41 Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
42 Nays: None (0)
43 Absent: Mann (out of the room) (1)
44
45 Donovan moved to recommend to the full Council that the contract term be
46 extended to March 2018.
47
48 The motion was seconded.
49
50 Jack Louws, County Executive, stated adding to the contract for $25,000 for more
51 research is acceptable at this time out of respect for the Council, but not necessarily in
52 general without a change in scope.
53
Special Committee of the Whole, 12/5/2017, Page 4
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Councilmembers discussed how this contract is to help the Council learn what it can
and can't do in terms of maintaining the health and safety of the public.
The motion carried by the following vote:
Ayes: Sidhu, Browne, Buchanan, Weimer and Donovan (5)
Nays: None (0)
Absent: Mann and Brenner (out of the room) (2)
Louws asked that the Council include the letter requesting the additional funds to the
scope of work.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 4:48 p.m.
The Council approved these minutes on February 27, 2018.
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Jill Nixon, Minutes Transcription
Barry B ch nan, Council Chair
Special Committee of the Whole, 12/5/2017, Page 5