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WHATCOM COUNTY COUNCIL
Special Committee of the Whole
June 4, 2013
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 3:06 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(3:06:35 PM)
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Pete
Kremen, Ken Mann and Carl Weimer.
Absent: None.
SPECIAL PRESENTATION
1. CONSULTANT DLR GROUP, INC. TO PRESENT JAIL PLANNING UPDATE
(AB2013 -042B)
Bill Valdez, DLR Group Principal and Programming and Planning Study Project
Leader, submitted and read from a presentation (on file) regarding the project goals and
upcoming schedule.
Tyler Schroeder, Planning and Development Services Department, continued the
presentation with an update on the Supplementary Environmental Impact Statement (SEIS)
process. A scoping notice was issued from May 9 to May 30. He held a scoping meeting in
Ferndale on May 16 with about 26 attendees. He received about 16 topical scoping
comments related to transportation, environmental health, noise and lighting, utilities, geo-
technical issues, aesthetic design, fiscal impacts, and the existing jail. He is working with
the City of Ferndale, which has permitting authority over the project, to determine where
the supplemental EIS will go. Decisions will be made in the upcoming months. It's likely
the SEIS will be issued in late July or early August.
Other comments were submitted during the scoping period that were outside the
items in the State Environmental Policy Act (SEPA) scope. Those comments will be
addressed as they move forward through the process.
Valdez continued the presentation on the site location. Lot B and its associated
environmental concerns is outside the bounds of the site being evaluated. The project site
drops in elevation from east to west.
Lori Coppenrath, DLR Group, continued the presentation on bed projections, building
size.
Knutzen asked if the Sheriff and Jail lobby can be consolidated. Coppenrath stated
they are looking at that option with the site design. The lobby includes video visiting
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stations, public restrooms, and many other things. The design estimates will become more
efficient as they go through the design process.
Brenner asked if they worked with the neighbors. Coppenrath stated they've only
worked with the County staff.
Kremen stated the same jail population increase that the country in general has been
experiencing over the last several decades is not the same as recently and as is projected
into the future. The correlation between population growth and the need for the number of
beds for incarceration has declined in relationship to population growth over the last few
years. He asked if she has taken that decline into consideration of the projections.
Coppenrath stated it was taken into consideration in different models. The models that
showed to be more significantly valid were the estimates on jail growth based just on
historical jail growth and historical county growth. It's true that overall in the United States
the incarceration rate is dropping, but it's not dropping everywhere. Whatcom County jail
population so far in 2013 is rising, based on average daily population.
Mann stated he anticipated a needs analysis that is much more dynamic and in-
depth. He can create a spreadsheet and extend a graph into the future. There is a lot more
to do to figure out whether there will be population impacts from changing drug laws,
alternative sentencing options, and other factors. This isn't nearly the level of rigor they
must apply to the needs analysis.
Knutzen stated people have told him they had to wait to get into jail to serve their
sentences. He asked if that population was given any consideration and if it's an issue.
He's heard that from multiple people, and would like to know how large that population is.
Coppenrath stated it wasn't considered.
Weimer stated they've often heard that there are many people in the jail with mental
health and substance abuse issues. He asked if any of the models look at the percentage of
those people that might not be in jail if there were alternative programs up front.
Coppenrath stated that is part of the classification review, which isn't yet complete. Even if
someone is mentally ill, they still have to serve the time for the crime.
Weimer stated that if they had mental health services up front, they might not
commit the crime in the first place.
Erica Loynd, DLR Group Project Architect, continued the presentation on site
characteristics and site layout. Weather information is from the Bellingham Airport. They
will get more accurate information on this area and its microclimate. They will mitigate the
northeast winter wind with the building orientation. The climate will affect the type of
building materials they use and how they position windows and openings. They will attempt
to get as much natural light into the work spaces as possible.
Knutzen asked how much consideration is given to rain. Loynd stated they
considered the rain, with the understanding that it's common. Rainwater harvesting is a
strategy they will consider for the site. They talked about stormwater management,
providing proper filtration, and directing water into the wetlands.
Loynd and Ron van der Veen, DLR Group, continued the presentation on four site
layout options.
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Kremen stated a two -story design is common in Ferndale, and may be more cost
effective. He asked which of the four options offer the most potential for the most number
of beds. Loynd stated all four schemes use the exact same number of beds, including
expansion plans. The only difference is the impact of the Sheriff's Office to the site and the
potential orientation of the jail support area. Funding is for commercial buildings that
require vertical lifts and other costly and space- consuming features for accessibility
compliance. A one story design is more cost effective for a commercial institution. A
benefit of a one -story design also includes more connectivity among the staff.
van der Veen stated that as a commercial building, the building will be 15 -feet high
and have a larger roof. The ultimate scale will approximately equal a two- or three -story
home, when adding the heights of a ceiling and a roof.
Knutzen asked if they've considered Leadership in Energy and Environmental Design
(LEED) certification. Loynd stated they have. All government buildings in Washington State
need to be LEED Silver certified or above. Most strategies will be about energy efficiency
and materials. Rainwater harvesting is one of several strategies they want to develop in the
design.
Knutzen asked about the roof pitch. Loynd stated the jail will have a flat roof. They
haven't determined the roof of the Sheriff's Office yet. It will likely be a different building
type. They are looking at floor plans now, not building form. The flat roof of a jail will have
a nominal slope for rain flow.
Kremen asked the total build out possible with each of the four site design options.
They don't want to have to relocate the jail for at least several decades. Valdez stated
within each radial half of the housing unit, there are seven pod units. Those units can have
a bed distribution of single, double, quad, or dormitory. The number of beds, depending on
bed mix, can range from 200 to 450. Now, they are considering about 300 beds in each of
the two radial sections, based off a bed mix of single, double, and quad cells, which
provides the maximum flexibility for the user. The plan has roughly 600 beds in it. All the
site layout options allow for a second pair of radial housing units, which would allow up to
another 800 beds, added to the current 600 beds on the site. That would require a heavy
mix of quad and dormitory units, in addition to doubles. Most likely, the range would be up
to 1,200 beds, which would have a more normal mix of doubles, quads, and one or two
dormitories.
Knutzen asked the federal or state requirements for minimum square footage per
inmate. Valdez stated they are designing to American Correctional Association (ACA)
standards, which requires cell size per inmate, day room size, and other requirements for a
fully functional jail.
Knutzen asked if they are using the minimum or maximum requirement. Valdez
stated there is no minimum or maximum ACA standard range. There is one standard of 25
square feet of unencumbered space per inmate, per cell. There are also requirements for
support systems.
Crawford asked if they plan to open the new jail with all 600 potential beds filled, or
if they will build to the current bed space capacity of about 450 beds. Valdez stated they
plan to build for a capacity of 500 beds, which accommodates for need and growth through
2026. They will see a bump up in average daily population when it opens. That trend will
last for a couple of years. After that, it will normalize to the trend line as outstanding
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warrants and other issues run through the judicial system. After it normalizes, it will
continue to rise after time as programmed and planned.
Bill Elfo, Sheriff, stated there was a huge backlog of warrants and mandated
sentences that went back ten years, before the jail work center site was opened. Close to
1,000 people were waiting to serve mandated sentences. Those have been moved through
the system, and they have now about 200 people waiting to serve and are scheduled
throughout the year. When the new jail opens, they will see only a slight increase in the jail
population.
The legislature recently changed the drug laws by putting more people in the county
jails as opposed to the State prison. Another factor that could affect the jail population
includes a triage center for those who are chronically mentally ill. There may be money
available to move in that direction. Another disaster they face is with the legislature, which
reduced funding to Western State Hospital for severe and dangerous mentally ill. They used
to be able to get people in there for competency hearings in a matter of weeks. Now there
are backlogs of three and four months. People who are severely and dangerously mentally
ill are on the first floor of the jail. A lot of these factors are beyond the County's control.
Crawford asked if the jail population could grow by installing more bunks before
building more modules. He asked if it's correct to not associate the number of beds with
the actual square footage of the footprint. Valdez stated there are a couple of strategies.
There can be a range of beds in the radial units. They are designing to ACA standards, so
they have to decide up front if the designs are double, quad, or dormitory bunks, which will
change the size of the day rooms and cells. If the need is for more beds in the future, some
of the seven pods within each radial design can be shelled out or not built at all.
Mann stated he was looking for a needs assessment that was more robust than an
extended trend line. It should analyze the drug laws, funding for Western State Hospital,
and other impacts. Elfo stated it's not something the County has a lot of control over. The
legislature sets the sentencing grid, which determines how long someone is in jail.
Brenner asked for information on how changes in State law can require more County
jail time instead of prison time. Elfo stated legislative changes during the past decades
have transferred incarceration responsibility from the State Department of Corrections to
the county jails. The DLR Group looked at the historic jail populations and data. There was
a dramatic change in driving under the influence (DUI) laws in the early 1980's and also
changes in the arena of domestic violence. Those changes have a big impact, and are
unpredictable. A certain category of drug offences used to be served in the State prison,
but are now served in the County jail.
Kremen stated the legislature and federal government will likely require that the
County will have to incarcerate more criminals. The current blood alcohol level may be
lowered from .08 to .05, which will significantly increase the demand. History has shown
that there is a combination of shifting the burden from the State to the local municipalities
and increasing the number of offenses that require incarceration. It's easy and
advantageous for politicians to do that because it sells to the public. Neither the federal nor
the State governments provide funding to incarcerate these newly legislated lawbreakers.
Mann stated they may need an 800 -bed jail right away. The needs analysis must
discuss these items. Extending the trend line does not constitute an analysis. He doesn't
know if the number should be higher or lower. He has no agenda there. Of all these factors
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they are discussing, none were reflected in the needs analysis. That's the first thing they
need to do.
Elfo stated they first must be able to constitutionally, safely, and humanely
incarcerate those who are committed to the custody of the Sheriff. He doesn't make the
laws or sentence people, but he must hold them in a manner that is safe, humane, and
constitutional. Elfo stated they have one of the most robust programs in the state to keep
people out of jail and reduce incarceration. Whatcom County is trying every avenue to keep
the jail population down. The legislature determines for how long people go to prison or
jail.
Mann stated he supports that. He doesn't want the answer to be no. He wants to
know how many beds the County needs for the Sheriff to do that.
Elfo stated that's what DLR produced using all the different methodologies they have
to assess population. They looked at eight or nine different models. The best predictor is
the historical since the work center opened up.
Brenner asked if there is any level in which the County can sue the federal and State
governments for not providing the County with some of the funding it needs. Otherwise, all
the counties will eventually go bankrupt. Elfo stated that is a question for the Prosecutor.
All the counties are under similar demands. Many of the jails were built in the same era as
this jail. Many counties are in the same situation and replacing their jails in a smarter,
more efficient design. He encourages people to visit the South Correctional Entity (SCORE
Jail). If they are going to reduce jail population, the County needs to offer literacy and
other programs in the jail, including mental health treatment.
Brenner stated the original County jail was badly designed from the beginning.
Kremen stated they all really care about this issue. It's good that they are engaged
and focused on this issue. He asked how much flexibility can be built into the original
footprint or shell they originally construct so they can have 500 to 800 inmates in the same
building. Valdez stated they are looking at a couple of different bed mix models. The two
preferred models have a potential of about 650 for total build out.
Kremen asked if they would be stuck with a quad unit once a unit is built as a quad
unit, for example. Valdez stated they would not be stuck with the unit as built. There are
strategies to design a quad unit, install only two bunks, and add the other two bunks in the
future. The unit would be designed as a quad, the square footage and day rooms would
meet ACA standards for the unit as a quad. The other flexibility is to build the shell only,
and then later complete the interior as needed. They could also leave out some of the
wedges, and fill out the wedge when it's needed. There is much flexibility in the design,
including the support spaces such as the laundry and food services. They are designed to
run on a single shift. As bed population increases, add shifts and capacity into the same
footprint. Those strategies are being designed into the facility as a whole.
Crawford stated the capped area of contamination on Lot B is a bit concerning. He
asked how they know it won't present a problem to the County property in the future.
Valdez stated that property owner is developing information that evaluates that site and
indicates the material was capped properly. There are opportunities to confirm that there is
not additional leaching into the subject site.
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Crawford asked the contaminant that is on the property and how it's capped. Valdez
stated the contaminate is ash from the plant. He can't respond to exactly how it was
capped, based off the engineering report. He doesn't know if there is groundwater
monitoring.
Louws stated he wants to verify the information, and will provide the information to
the Council. There is a letter from the Environmental Protection Agency that says no further
action is needed. He needs to verify that. He wants to do testing along the property edges
to make sure there hasn't been any further migration of any contaminated groundwater into
the site. The County is not purchasing that property or any direct liability related to that
property.
Crawford stated the topography slopes away from the County property. Any
leachate may flow west rather than affect the County property. Louws stated they've
authorized a geo- technical study on the site to determine the soils and groundwater
conditions. That can create a huge disparity in costs. It will indicate whether migration is
possible.
Valdez described the topography.
(4:24:33 PM)
Valdez concluded the presentation on the schedule of the three processes. The
report will be finalized in September. They will have more budgetary numbers and more
defined departmental, floor plan, and site layouts in July. He will present an update to the
Council sometime in July.
Louws stated the jail size and programming issues and the interactions with the
State and federal government in the next 25 years are impossible to comprehend. The
current average daily high for the current population is 474 people. The National Institute
of Corrections dictates a 20 percent overage for inmate and staff safety and comfort. That
totals 592 beds. Today, they have 550 to 600 beds to optimally run the system. He
proposes a facility of 540 to 575, with the capacity to add about 100 beds within the current
footprint. It allows for doubling of that if necessary. If they do things right, they may be
able to increase the general County population without a corresponding increase in the jail
population. If not, they can expand the facility in the future. DLR is a great group to work
with. The Sheriff's Office, Jail, and Administrative staff are going in the right direction. He
thanks the Council for listening today. Another update will occur in July.
Kershner asked who decides on the final site layout and design option. Louws stated
it partially depends on the City of Ferndale and whether it will relax the 350 -foot setback
requirement. Ultimately, the decision will be made by the Sheriff, with input from the
design professionals. They need to keep the project contained as much as they can.
However, don't contain it to the point that it is immediately outdated when it opens.
Brenner stated don't reduce the setback. It prevents impacts to the people who live
in the area. The neighbors will deal with this on a daily basis. Louws stated that if the
setback is reduced, it will be conditioned on the County meeting other design requirements
such as buffers, lights, and many other issues. The City of Ferndale has to go through a
conditional use process to issue permits. All the issues discussed by the SEIS will be a
condition of the permit. The County will work with the City of Ferndale to do the best job
for the neighbors.
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OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 4:33 p.m.
The Council approved these minutes on July 9, 2013.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council@7.o.whatcom.wa.us
Special Committee of the Whole - Afternoon Jail Planning Meeting, 6/4/2013, Page 7