HomeMy WebLinkAboutCommittee of the Whole Jun 6 2023Whatcom County
Council Committee of the Whole
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Committee Minutes - Final
Tuesday, June 6, 2023
2:55 PM
Hybrid Meeting
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COUNCILMEMBERS
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 June 6, 2023
Call To Order
Roll Call
Council Chair Barry Buchanan called the meeting to order at 2:58 p.m. in a
hybrid meeting.
Present: 7 - Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,
Kaylee Galloway, and Kathy Kershner
Announcements
Special Presentation
1. AB2023-362 Lummi Nation Stommish Presentation
Buchanan stated this presentation is withdrawn.
This agenda item was WITHDRAWN.
Committee Discussion
1. AB2023-304 Justice Project workshop
Buchanan stated today they will be looking at the Draft Implementation Plan
and the draft Ordinance that the Executive's Office has provided.
Stephen Gockley, Incarceration Prevention and Reduction Task Force
Co -Chair, read from a presentation (on file) about the Draft Implementation
Plan, where they are in the process with finalization of the plan, changes
they have made to the plan, and proposed actions for year one of the
Implementation Plan. He stated one step they will recommend is
establishing a Justice Project Oversight & Planning Committee (JPOP) as a
new standing committee in the Incarceration Prevention and Reduction Task
Force (IPRTF) and the Law and Justice Council, and establishing a Finance
and Operations Justice Project Advisory Board to provide oversight of the
funds collected for the construction and the operation of the Public Safety
and Health Center and the associated services.
Donovan asked whether they know yet what the recommendation is for who
would be on the Finance and Operations Advisory Board or whether it is
still being worked on. The Council heard from the City of Bellingham that
the composition of that board should change.
Tyler Schroeder, Director of Administrative Services, answered whether
what Gockley reported about the Finance and Operations Advisory Board is
changing what is in the proposed Ordinance and whether the group would
have paid staff. Schroeder stated he thinks membership will be more of a
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Council Committee of the Whole Committee Minutes - Final
June 6, 2023
County Council and City Council decision once we consider the Ordinance
and there has not been acknowledgment about hiring an actual administrator
for this purpose, but it is a good thing to talk about.
Gockley continued his presentation and highlighted changes to some of the
language in the Plan. He stated the most significant change in the language
is that we are choosing to eliminate the use of the word "jail," and how we
talk about our vision for this. We decided we wanted to clarify what our
purpose was by renaming the core facility here the Public Safety and Health
Center. He stated they will also be developing an FAQ document that tries
to pick out some of the key factors and concerns that people are expressing.
Elenbaas spoke about the language change and stated voters want to know
that we are going to do what we say we are going to do. If we are collecting
a tax for a purpose, they want to know what that purpose is. The bottom line
is, we are building a jail. He stated he thinks they need to think about the
voter. Some might view this as government being dishonest again. Whether
it is true or not, the perception in the past was that we did not spend the
money on what we said we were going to. I suggest you be very careful in
how you change this language and be very real and clear about what we are
doing.
Gockley stated he would take those comments back into the group's
discussions and stated the change came from them; they did not hear from
anyone that they should change the name. It came from them listening to
how people reacted to the word "jail" and how they did not seem to be
grasping the two parts of this system. He and Elenbaas continued to discuss
the language change.
Elenbaas stated if you call it something that people do not recognize, you
are going to have to spend time educating them on what that is, and I do not
know that you have that time between now and November.
Galloway stated she agrees with Elenbaas' perspective. She stated her
interpretation from the Town Hall was less around the humane terminology
and more around the trauma informed. She did not hear anyone have a
problem with "humane." She stated Public Safety and Health Center feels
more inclusive to what we are trying to achieve, but we need to be
transparent and be straightforward and communicate what we are talking
about. And finally, we have heard very little about the Behavioral Care
Center so I do not know how we can make sure we are doing the cost,
benefit, and feasibility analysis necessary to make sure that this is the
appropriate model for Whatcom County.
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Council Committee of the Whole Committee Minutes - Final June 6, 2023
Kershner stated the proposed Ordinance (Section 9 - Ballot proposition
submittal) titles this the "Public Health, Safety, and Justice Sales and Use
Tax." We might possibly use language to match the title that has been put
forward as a proposed ballot initiative so we would build a "Public Health,
Safety, and Justice Center." She agrees we cannot not be transparent in this,
because that just leads to people thinking that we are trying to cover
something up.
Donovan spoke about the timeline for Council consideration and stated the
conversation should stay with the Council at this point, and we are maybe
going to have to have extra meetings.
Satpal Sidhu, County Executive, asked whether they could have a special
meeting between June 13th and 20th where all the IPRTF members can be
present in the audience, and Councilmembers and Dana Brown -Davis, Clerk
of the Council, discussed a day and possible time.
Frazey stated she agrees with Councilmember Elenbaas. The more
transparent and clear we can be the better. The wording that goes out to the
public is the most important. She suggested `jail with behavioral health and
treatment center," or something that is very clear and simple.
Kershner stated if Council schedules this meeting for next Tuesday she
would like to ask that they ask the Administration to look at the letter the
Council received from the mayors today (on file) and incorporate their
ideas into this Ordinance. They should discuss it, but she wants to support
the mayors' letter.
Gockley stated the crafting of the Ordinance and the funding model are not
done by the IPRTF.
Tyler Schroeder, Director of Administrative Services, stated the Ordinance
is trying to just be a vehicle to the Implementation Plan. We will need to
take the Ordinance and update it to the revised Implementation Plan and
then incorporate the letters from the City of Bellingham and the mayors as
well. It is going to be an iterative process and we are all going to have to
keep up as we move along.
Elenbaas stated he agrees with Donovan that the discussion should stay with
the Council and stated we have to be clear on what the money is going to go
toward or the measure will be too easy to oppose.
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Council Committee of the Whole Committee Minutes - Final June 6, 2023
Kershner recommended that they let Gockley's group go back and do the
final Implementation Plan and get it to the Council by June 12th so that the
Council will have the final product on the 13th. Gockley stated the plan was
to get it to the Council on the 13th after their meeting on the 12th.
Sidhu asked Gockley if he could get his group together earlier.
Schroeder continued the presentation and walked through some initial
action plans and funding discussions.
Kershner spoke about the 23-hour Crisis Relief Center being built first and
stated she wonders what the public is going to think about the fact that we
are going to build this first and not the jail first. Schroeder stated this
project is at a much different scale than the jail project and the reason why
we are not moving forward with the jail sooner is the size and scope of the
project. We need the revenue to save up and we need to do a lot of work to
get to that point.
Schroeder spoke about the conceptual cost estimates, considerations for
facilities, funding sources, and sequencing of the process if the sales tax is
approved by voters. He answered when they would start construction and
stated they would start in 2025 and 2026 and it would last about twelve to
eighteen months.
Donovan referenced the letter from the mayors (Letter from Small City
Caucus) which says, "We, as cities, will commit a portion or nearly all of
our sales tax proceeds for 4-6 years to drive the bond amount to something
under $100 million," and asked if that is something they would put in the
Ordinance or the Implementation Plan. Schroeder stated it could be
incorporated into the Implementation Plan but he thinks a good place to
incorporate it would be Section 5 of the Ordinance under "Now Therefore
Be It Ordained" where we are recommending an interlocal agreement
between the County and the cities to be done by June of 2024. Donovan
asked about the statement in the letter that says, "For this contribution, the
cities expect no booking restrictions and no capital fee associated with the
per diem" and asked whether that would be reflected in the Ordinance or the
Plan. Schroeder stated the Ordinance could be updated to add discussion on
the booking restrictions as well as discussion on expansion of the facility
when appropriate, based on capacity, which is another point that has been
discussed.
Schroeder presented a graph with the anticipated expenditure allocations for
the 0.2 percent sales and use tax.
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Council Committee of the Whole Committee Minutes - Final June 6, 2023
Donovan referenced a draft letter from the City of Bellingham Council and
Mayor (Clerk's note: A final letter was sent on June 9, 2023) talking about
having some rough allocation of spending in the ballot measure and asked
how we do that.
Sidhu spoke about the allocation strategy and stated the Ordinance and the
Implementation Plan are connected documents. The process is
encapsulating the recommendations from the Stakeholder Advisory
Committee (SAC) and converting them into the Implementation Plan, and
then the Ordinance is how to carry that out.
Donovan asked whether we can get something concrete in the Ordinance
that the cities are on board for putting their share in, and a formula which
would address the concerns that the facility will be instantly expandable or
that it is not big enough. He asked where those things might go.
Byrd asked if they could take the graph they are looking at and lay over
some key milestones of construction development so people can see
general dates for what is happening, how the money is getting used, and how
many of the different types of beds will become available when.
Donovan asked whether the numbers presented do not include booking
restrictions and how they incorporate the cities' request to eliminate
booking restrictions.
Sidhu, Schroeder, and Bill Elfo, Sheriff, spoke about and answered
questions about booking restrictions and how it might affect the number of
beds in a jail.
Galloway asked when the best time or process is for submitting line by line
recommendations, and Councilmembers discussed how to collect
comments before the next work session. She stated the line items she
would like to highlight are the lack of information in any of our documents
about the 2004 jail facility sales and use tax and she will be recommending
that they incorporate some additional feedback and background information
into the Implementation Plan. She will also be proposing to add about four
whereas clauses into the Ordinance to get that background. She referenced
an email to Council in April from Steve Harris which included an extensive
memo on the 2004 sales and use tax and encouraged Councilmembers to
read that. She also wants to encourage the Council to think about ways they
can incorporate more accountability and transparency throughout the
Ordinance and the Plan. She stated there has been some pretty significant
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Council Committee of the Whole Committee Minutes - Final June 6, 2023
supplanting of general funds in this process and she would like to think
creatively about how we can bring those funds back and use that first tenth
of one percent to jump start this process for us. She would like to
incorporate more frequent updates and evaluations as we go to help in
maintaining trust with the public.
Buchanan stated he agrees with Galloway about using the 2004 tax as a tool
in the toolbox.
Gockley addressed the questions today about whether things should be in
the Implementation Plan or the Ordinance stated the questions talked about
here are very detailed operational questions and there is no charge to the
planning group or the IPRTF to incorporate that feedback. Those things
probably will not be in the Implementation Plan unless the group is given
text to cut and paste. He encourages the Ordinance to be the focus.
This agenda item was DISCUSSED.
2. AB2023-332 Discussion relating to the draft scope of work for the 2025 Comprehensive Plan and
development regulations update
Matt Aamot, Planning and Development Services Department, briefed the
Councilmembers on the Revised Draft Scope of Work.
Donovan asked about Council priority twelve as it relates to the impact fee
and Aamot stated that is not in the scope of work. The Planning and
Development Services Department recommended pulling that out because it
requires special expertise. Donovan asked whether this scope reflects the
Council Resolution establishing priorities for Whatcom County's 2025
Comprehensive Plan update (AB2022-422) and Aamot stated it reflects
everything except the impact fee.
Galloway stated she transmitted a redline version of the scope of work to
Aamot with additional thoughts and comments and Aamot stated some of
those things might need Council discussion. If need be, they could come
back for another discussion on June 20th.
Frazey stated it would be good to have another discussion and to include the
ideas from the Council Resolution. She would like to wait on this.
Aamot stated the scope references Exhibit A of the Resolution so they are
all covered, but just in summary fashion. He stated that maybe he and
Galloway could set up a meeting to talk through her suggested changes and
then come back to Council with those on June 20th.
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Council Committee of the Whole Committee Minutes - Final June 6, 2023
Galloway state her priority is making sure we are putting ourselves in the
best possible place to be competitive for State grants and she does not want
waiting and having further discussion to prevent us from any time -sensitive
processes toward that end.
Aamot spoke about State funding and stated there is time sensitivity, but he
thinks the 20th is OK.
This item will be carried over to the next meeting.
This agenda item was DISCUSSED and will be carried over to the next
meeting.
Items Added by Revision
Other Business
Adiournment
There were no agenda items added by revision.
There was no other business.
The meeting adjourned at 4:26 p.m.
The County Council approved these minutes on June 20, 2023.
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Kristi Felbinger, Minutes Transcription
Whatcone County page 7