HomeMy WebLinkAboutCommittee of the Whole May 9 2023COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
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Committee Minutes - Final
Tuesday, May 9, 2023
2:35 PM
Hybrid Meeting
HYBRID MEETING - ADJOURNS BY 4:30 P.M., MAY BEGIN EARLY
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COUNCFLMEMBERS
Barry Buchanan
Tyler Byrd
Todd Donovan
Ben Elenbaas
Carol Frazey
Kaylee Galloway
Kathy Kershner
CLERK OF THE COUNCIL
Dana Brown -Davis, C.M.C.
Council Committee of the Whole Committee Minutes - Final May 9, 2023
Call To Order
Roll Call
Council Chair Barry Buchanan called the meeting to order at 2:35 p.m. in a
hybrid meeting.
Present: 6 - Barry Buchanan, Todd Donovan, Ben Elenbaas, Carol Frazey, Kaylee
Galloway, and Kathy Kershner
Absent: 1 - Tyler Byrd
Announcements
Committee Discussion
1. A1B2023,-304 Justice Project workshop
The following people read from a presentation (on file) regarding research
conducted by Crossroads Consulting to gather input on potential projects
for the Justice Project Implementation Plan:
• Holly O'Neil, Crossroads Consulting
• Mardi Solomon, Crossroads Consulting
They answered questions about what the concern was that was raised about
the proximity to Ferndale and Lummi if a jail were to be located at
LaBounty, the lack of information about who is actually incarcerated and
why, and acknowledging the idea brought up about co -locating services and
then seeing what the footprint of the various locations would be and what
would fit in those footprints.
Lieutenant Caleb Erickson, Sheriffs Office (jail), read from a presentation
(on file) about who is in the jail based on a snapshot of about a week. He
answered whether the people in the jail with felony charges are awaiting
trial or whether they have been convicted already, and whether they have
been offered bail. He stated for the most part, everyone you are seeing on
the list (see presentation slide titled, "'A Felony' - Breakdown") is pre-trial
and almost every person facing an allegation in our facility has some
amount of bail allowed. He answered what the difference is between Gross
Misdemeanor Driving Under the Influence (DUI) and Felony DUI, whether
we should be concentrating on building courtrooms and getting more judges
since the percentage of people who are pre-trial has gone up, and how they
lower the number of people who are pre-trial. He spoke about the higher
volume of violent and serious felonies and how that affects the court
system.
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Satpal Sidhu, County Executive, stated the fact that people may have
multiple charges complicates the situation for having a speedy trial.
Erickson answered how many cases that are not going to trial are pleading
out, whether it is true that the percentage of our jail population that is
pre-trial has increased and what the current percentage of pre-trial cases is,
what the average length of stay is and whether it has been increasing over
time, whether the people being kept in the jail are those who are awaiting
trial and have been ruled by a judge to be there but there are also people who
have done serious crimes who are not being booked or are being booked and
then released, whether he has a number of how many people got out on bail
of those represented in the jail snapshot period or whether there was anyone
not included in those numbers because they got out on bail, whether people
are staying in the jail longer because it takes longer to get a trial, whether
people in jail are receiving services and what kind, how many people
incarcerated right now would be eligible for services if they were there for
a longer period of time, and whether people staying for shorter periods of
time are able to get access to the same services as someone staying longer.
Tyler Schroeder, Director of Administrative Services, compared the jail
snapshot of the presentation to the following week and stated it shows the
fluidity of individuals that are being booked and released prior to first
appearance.
Sidhu spoke about an op-ed piece recently written by retired Whatcom
County Superior Court Judge Deborra Garrett in the Cascadia Daily News.
He stated if we have the outside facilities and services available, we can
process people through our jail and get them in the place where they should
be and that would make a huge difference.
2. AB2023-203 Update on American Rescue Plan Funding
Tyler Schroeder, Director of Administrative Services, briefed the
Councilmembers on the updated memo (on file) and stated there has been a
discussion about a request from the Lighthouse Mission for capital
associated with their project in the homeless services and shelter grant
under homeless services and shelter capital for which the Council has
budgeted or at least acknowledged about $2.6 million (see table footnote
number one on the staff memo). The administration has a contract ready to
present to Council for $750,000 to support that process. He stated they are
also moving forward with the NW Annex project and reviewed the
"remaining decisions and Executive recommendations" chart which is based
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on input they have received from the Council and on their understanding of
community needs and resources.
Satpal Sidhu, County Executive, stated this is how the American Rescue
Plan Act (ARPA) funds and buckets exist right now and if the Council
decides to change these buckets and move money around it is entirely up to
the Council.
Frazey asked if they were allocating $750,000 to the Lighthouse Mission
and Sidhu stated they are not allocating. The money was allocated a long
time ago for the shelter and homeless. That much money is left over in that
bucket and they are seeking direction from the Council.
Frazey moved and Galloway seconded to not allocate $750,000 to the
Lighthouse Mission. She gave some history and spoke about the
non-discrimination clause and the Mission's hiring practices.
Donovan stated his discussion was going to be about the uncommitted
$538,000 from Childcare Stabilization that is noted in the chart as maybe
going to the Whatcom County Food Bank Network and that the Council
already discussed that and decided that was maybe not a good idea. A
motion was already on the floor so they dispensed with Frazey's motion
first.
Councilmembers discussed Frazey's motion.
The motion carried by the following vote:
Aye: 4 - Buchanan, Donovan, Frazey, and Galloway
Nay: 1 - Elenbaas
Abstain: 1 - Kershner
Absent: 1 - Byrd
Donovan moved to keep the $538,000 in Childcare Stabilization, and
replace $538,000 in the Executive recommendation with money from the
Government Services bucket that is about $2.6 million.
Donovan restated his motion to keep the $538,000 in Childcare
Stabilization, keep the Executive's request for $538,000 additional for the
Food Bank Network but take that $538,000 from a different source; and his
recommendation would be from the $2,679,417 in the Government
Services bucket. The motion was seconded by Buchanan.
Schroeder stated they have not heard anything from the childcare
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stakeholders in regard to being against this specific action.
Donovan stated the campaign was trying to make it clear that the money that
was raised through the initiative was not going to be supplanting other
money and it sounds like that is exactly what this would be doing.
Galloway stated she was comfortable keeping it toward food security and
was gong to see if they could somehow make the figure $1 million and
possibly pull from other sources as well.
Elenbaas spoke about the last motion (by Frazey) and stated he is pretty sure
it will not stand legal muster. He recommends they revisit that one with
some legal counsel because he is fairly certain it is illegal.
Councilmembers continued to discuss Donovan's motion and Galloway
stated her thought was to get the additional Food Bank funding up to $1
million by using the Childcare Stabilization funds, the $389,000 for
unanticipated needs in Public Health, and the remaining from Homeless
Services.
Kershner stated the need for the Lummi Island ferry may not be as much as
the $1 million that is penciled in on the memo so money could come from
there.
Schroeder stated there is a good likelihood that the amount for the ferry
might come down substantially.
Sidhu stated his suggestion is that they leave the $538,000 in Childcare
Stabilization but take additional money for the Food Bank from the Local
Assistance and Tribal Consistency Fund.
Donovan withdrew his motion.
Galloway asked whether they could take $1 million from the Lummi Ferry
and move that to the Food Banks, and then whatever they determine as being
the necessary investment into the Lummi Ferry could be taken from the
Local Assistance and Tribal Consistency Fund.
Schroeder suggested that the Council give a recommendation on the amount
for a Food Bank request.
Galloway moved that they fund the Whatcom County Food Bank Network at
$1 million. The motion was seconded by Donovan.
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Council Committee of the Whole Committee Minutes - Final May 9, 2023
Kershner asked if they could just get rid of all these categories and put the
money into one pot.
Sidhu stated he was going to suggest the same and then the Administration
can make a list of items which are to be funded or are qualifying for that and
Council can decide. They would like to keep some money for the county
projects because that would allow the Administration to firm up their plans
for capital facilities.
Councilmembers and Sidhu discussed the total amount of funding for the
Food Bank.
Galloway stated $1 million is only half of what the Food Bank requested
and it would be her intent that we consider ways to include additional
funding for the Food Banks as part of the County's regular and ongoing
operating expenses.
Schroeder stated we allocate $138,000 to the Food Bank per year.
Councilmembers and Sidhu continued to discuss the total funding amount
and Galloway stated we have already allocated $500,000 (under Food
Security in the memo) and that would be to complete this year. The $1
million would be to fund the full year of 2024. So, her goal would be to
commit a total of $1.5 million to the Food Banks out of ARPA funds.
The motion carried by the following vote:
Aye: 6 - Donovan, Elenbaas, Frazey, Galloway, Kershner, and Buchanan
Nay: 0
Absent: 1 - Byrd
Kershner moved to take all the spending categories and consolidate them
into one place called "ARPA" and ask the Administration to maintain a list
of suggested requests.
Kayla Schott-Bresler, Strategic Initiatives Special Programs Manager,
answered whether the Local Assistance and Tribal Consistency Fund must
be kept separate or whether it can be spent the same as the ARPA funds. She
stated that fund has very broad use. It can be kept in the same bucket as
ARPA but it has some separate rules.
Kershner's motion was seconded by Frazey.
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Council Committee of the Whole Committee Minutes - Final May 9, 2023
Schott-Bresler answered what is left in the "To Be Determined" portion of
the Homeless Services and Shelter Capital if they just took $750,000 out.
She stated there is $2.6 million that remains uncommitted in that bucket.
They can leave that earmarked for homeless services and then present ideas
for that as opposed to putting that in the bigger bucket.
Donovan suggested a friendly amendment to still earmark the $2.6 million
uncommitted amount for Homeless Services and Shelter Capital for that
purpose and Schroeder explained why those funds are listed as "TBD."
Kershner accepted Donovan's friendly amendment.
The motion carried by the following vote:
Aye: 6 - Elenbaas, Frazey, Galloway, Kershner, Buchanan, and Donovan
Nay: 0
Absent: 1 - Byrd
Galloway moved to request the Administration present our options for how
we spend the Homeless Services and Shelter Capital funding. The motion
was seconded by Frazey.
Frazey asked if it would also include what an RFP process could look like
for that funding and Galloway accepted that as a friendly amendment to her
motion.
Galloway restated her motion to request that the Administration come
present options for the Homeless Services and Shelter Capital funding,
including what an RFP process could look like for that funding.
Kershner stated they could even look bigger and think about that much
money being useful in the criminal justice project they will hopefully be
putting on the ballot and passing.
The motion carried by the following vote:
Aye: 6 - Frazey, Galloway, Kershner, Buchanan, Donovan, and Elenbaas
Nay: 0
Absent: 1 - Byrd
Schroeder spoke about the request for $100,250 for Naloxone & Drug
Testing Strips under Public Health (page five of the memo) and stated they
are hopeful that the Council will agree to utilize ARPA funds for that
purpose.
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Donovan moved to allocate $100,250 for Naloxone & Drug Testing Strips
out of the new unallocated bucket. The motion was seconded by Elenbaas.
Kershner stated anyone can carry Naloxone and the instructions for
administering it in case you run across somebody who appears to have
overdosed on Fentanyl.
The motion carried by the following vote:
Aye: 6 - Galloway, Kershner, Buchanan, Donovan, Elenbaas, and Frazey
Nay: 0
Absent: 1 - Byrd
This agenda item was DISCUSSED AND MOTIONS) APPROVED.
ACTION SUMMARY FOR THIS ITEM:
Motion approved to not allocate $750,000 to the Lighthouse Mission
Motion approved to fund the food bank at an additional $1 million
Motion approved to take all the spending categories and consolidate them into one place called "ARPA" and ask the
Administration to make a list of requests but to still earmark the $ 2,640,287 for homeless services and shelter capital
Motion approved to request the Administration present our options for how we spend the Homeless Services and
Shelter Capital funding, including what an RFP process could look like for that funding
Motion approved to allocate $100,250 for Naloxone & Drug Testing Strips
Committee Discussion and Recommendation to Council
1. A132023-313. Discussion and motion to approve the Public Participation Plan for Whatcom County
Comprehensive Plan and Development Regulation Amendments
Matt Aamot, Planning and Development Services Department, briefed the
Councilmembers.
Buchanan moved and Frazey seconded that the Request for Motion be
RECOMMENDED FOR APPROVAL OF REQUEST.
Aamot answered whether this plan has been reconciled against the
Comprehensive Plan priorities Resolution that the Council passed in August
and any State policy that passed. He stated those will be included in the
scope of work for consultant services for the 2025 update. He answered
whether we compared and reviewed other counties' participation plans when
we were developing our own and whether this includes best practices from
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other counties.
Buchanan's motion that the Request for Motion be RECOMMENDED FOR
APPROVAL OF REQUEST carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 1 - Byrd
Other Business
There were no agenda items added by revision.
There was no other business.
The meeting adjourned at 4:30 p.m.
The County Council approved these minutes on June 6, 2023.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
Kristi Felbinger, Minute-- s Transcription
Whatcom County Page 8