HomeMy WebLinkAboutSpecial Committee of the Whole September 10 20131
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WHATCOM COUNTY COUNCIL
Special Committee of the Whole
September 10, 2013
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 1:07 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(1:06:36 PM)
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken
Mann, Carl Weimer and Pete Kremen.
Absent: None.
SPECIAL PRESENTATION
1. CONSULTANT DLR GROUP TO PRESENT A JAIL PLANNING UPDATE (AB2013-
04213)
Jack Louws, County Executive, stated today's presentation includes a schedule
update and discussion of operating and construction costs. The cost estimates include the
full build out of phases one and two of the facility.
Brenner stated she would like to receive meeting documents before the meeting so
she has time to read it and prepare before the meeting, even if the documents are draft.
Bill Valdez, DLR Group, read from a presentation (on file). The estimates are based
on the 2026 needs estimate, which calls for a 649 bed jail. The initial number of beds in
phase one is 521 beds. Operational and construction costs are based on phase one and
phase two.
Lori Coppenrath, DLR Group, continued the presentation beginning with the areas
included in the operational budget, which includes only the jail, not the Sheriff's Office.
Valdez concluded the presentation beginning with the estimated construction cost
budget. The subtotal cost of brick and mortar construction is $79 million. Including various
soft costs, the grant total estimate is $109 million.
Knutzen asked the potential for estimates to come in under budget due to lower
construction costs as a result of economic factors. Valdez stated the cost estimators base
their estimates on whatever the middle bid would be, based on the current bid climate. If
the construction climate changes, those values can go up or down, which requires the
contingency budget.
Knutzen asked if they are limited to how many general contractors can bid. Valdez
stated the numbers are based on a design bid build delivery method, which is an open bid.
Special Committee of the Whole, 9/10/2013, Page 1
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They would receive bids from all interested general contractors who are able to bond the
project. If they choose, a different delivery model could require qualifications ahead of
time.
Mann stated incorporate alternative sentencing and other programs into the design.
He asked if the current estimates allow for alternative programs and when they will discuss
which alternative programs and facilities they would like to include. Valdez stated the
County already has many alternative programs. Whatcom County is extremely progressive
with its incarceration alternatives. Not all of the jail population can work in an alternative
program. The psychological and medical areas are sized to accommodate all future needs.
Additional programs outside of the jail is a bigger social discussion that may still need to
occur. Coppenrath described the design's plan for alternative evaluations.
Kershner asked if the design will include medical service areas onsite so they don't
have to take inmates to the emergency room, as is happening right now. Coppenrath
stated the medical facilities will be larger and more comprehensive. There will still be
instances in which they will have to take an inmate to the hospital. There will be nursing
staff, but not a doctor, onsite 24 hours per day, seven days per week.
Brenner stated it seems like the amount estimated for mental health and substance
abuse services is low. Valdez stated they are the program spaces outside the housing units.
Brenner asked if the estimates are for the square footage, not the programs
themselves. Valdez stated that's correct. Special needs housing is included in the housing
estimates. Two of the 12 in phase one would be dedicated to special needs.
Brenner asked the definition of third party commissioning fees under the soft costs
section. Valdez stated it's when they bring in a commissioning agent as the project is under
construction and again after construction to make sure everything was installed properly
and functions properly. It's more than just inspection. The person has expertise in
electrical and mechanical systems. It adds an extra level of oversight and expertise to
make sure the building functions as designed.
Brenner asked about building art. Valdez stated it is a State requirement. They are
going to modify the estimate. It's about aesthetic improvements.
Brenner asked if landscaping costs are included. Valdez stated they are, in the site
work requirements. He has more detailed information available.
Kremen stated the allocation of a three percent owner's contingency is low. Valdez
stated it is low at this time. Other line items with margins and estimates have higher
contingencies already built in. As they further define the estimates, the estimating
contingency will be decreased. By the time they arrive at bid day, the owners contingency
will be closer to five to eight percent.
Mann referenced the diversion and alternative programs and asked for a snapshot of
the jail population and who is available and qualifies for alternative programs. Valdez
stated that detailed information will be in the needs assessment report, which will be
available in a few weeks. They can present on that topic in October.
Mann stated he would like that information in a report and a presentation on that
topic. He's hearing about this from the community.
Special Committee of the Whole, 9/10/2013, Page 2
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Weimer stated defense lawyers in the community say Whatcom County has chosen a
conservative amount of time people can get off for good behavior. Other counties in the
state are more liberal in that time, which reduces jail population. He asked if that was
taken into account when they came up with the jail population number.
Bill Elfo, County Sheriff, stated it fluctuates with the behavior of the inmate. In the
main jail, the population has aggressively grown into a population of people with bad
behavior and institutional behavior problems. Others are diverted into the alternative
center, which has more liberal policies on good time. They also have other privileges while
in that facility. They operate to what the statutes require. Most prisoners are pre -trial
inmates anyway.
Brenner stated she would like a discussion with the Sheriff's Office on alternative
programs and what else the County can do. Elfo stated invest more in the community to
make mental health services more accessible. In the jail, some people with mental illness
are either dangerous and violent. The State cut the funding for Western State Hospital.
Instead of a two to three week process, the process is three or four months long. People
who are severely mentally ill and violent have to stay in cells by themselves, which takes up
a lot of space. State law allows them to divert people to a fully functional mental health
triage center for certain misdemeanor crimes. The County is not set up to do that. Those
people are in for a very short period of time for misdemeanors.
Brenner asked if the design includes smaller single cells that meet standards. Elfo
stated there are a number of single cells in the new facility design. The treatment facility in
the jail would provide a certain level of treatment during incarceration. The average length
of stay in the jail is 21 days. The opportunity for meaningful change is limited. If they are
serious about fixing the mental health system and cutting down the jail population, they
must begin in the community before people are arrested.
Brenner stated they can get someone stabilized on medication in less than 21 days.
Elfo stated they can't force medication on people. However, people come into the jail who
are on Medicaid, and they lose that benefit as soon as they are in jail. When they are
released, they don't have the wherewithal to reenroll in Medicaid. The Jail and Health
Department put a staff person in the jail to help with that process. At the State and federal
level, resources are drying up.
Brenner stated they need to include the structure and cost for the new jail. She
hasn't seen those numbers.
Mann asked if there is anything the County can do to change the law that ends
Medicaid when in jail. Elfo stated there have been several efforts. To date, there has been
no progress.
Kremen stated this has been a high priority for the National Association of Counties.
He serves on the larger county caucus, which has met three times in the White House with
both Republican and Democratic administrations on this issue. It's a cheap shift from the
federal government to local government. They will continue to pursue a change in federal
policy.
Kershner asked if navigators of the new Affordable Care Act can spend a day in the
jail, so those being released can be navigated to Medicaid. Elfo stated a Health Department
position is assigned to the jail to do that. If there are other options as a result of the
Affordable Care Act, he will want to exploit those options.
Special Committee of the Whole, 9/10/2013, Page 3
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Kershner asked if the budget is what the Executive anticipated. Louws stated it's a
lot of money. At this stage of planning, the design group has been realistic anticipating
their needs in 20 or 25 years. Based on other projects built in the state, the numbers are
realistic.
A one -tenth of a one percent sales tax increase equals about $3.2 million per year
for Whatcom County. It takes about $65,000 per million dollars of debt to service it. The
sales tax increase would service approximately $50 million of debt service. Two - tenths are
available to use if they choose to go that route. They also have existing capacity in the
original one -tenth that was already passed.
Administrative staff will put together options for paying the capital costs and
operations. They are 25 to 30 percent done with that exercise. He looks forward to talking
with the Council, the cities, and community members in the next few months to find the
best path forward for paying for this facility. They will find a way to fund it.
The supplemental environmental impact statement (SEIS) will come forward, and
they should be able to make a decision on the property in November or December. Through
the remainder of this year and next year, engage in the cities and citizens to develop a
working plan to move forward. They will need to go to the voters with a sales tax increase
proposal or a property tax.
This is a realistic snapshot of operation and construction estimates. They also
included an estimate for maintaining the facility to a high level of quality. Make sure they
build what they need. Be as open as they can and engage the community.
Kershner stated a concern is that whoever builds the jail be a qualified contractor
who builds a quality building that will last. She doesn't know how to write that into the
process, but don't build a building that will be obsolete in ten or 20 years. Make sure they
build it right the first time. Louws stated it's also necessary to have the vision to spend the
right amount of money and identify the right products and quality of products in the bid
documents. Install the right mechanical systems at the onset of construction. As the
building begins to age, make sure they maintain it. They haven't yet talked about the
specific process for selecting a contractor.
Brenner stated figure out how the quality can be guaranteed. It's about more than
trying to find someone who seems qualified. Louws stated there was a different philosophy
when this jail was built. The State gave the County a certain amount of money, and the
County tried to do what it could with that money. Those years were extremely difficult for
the economy.
Brenner stated things started going bad on that building immediately. Louws stated
they will take all those things into consideration. He believes in the team. They will do
what they can to minimize the risk related to project quality.
Brenner asked if the property tax increases if the County does a bond. Louws stated
the County can pay for a bond through either a property tax increase or sales tax increase.
The County would bond the project and pay it off over time.
Brenner asked how long the bond would be and what the rate may be. Louws stated
the bond would be for 25 to 30 years.
Special Committee of the Whole, 9/10/2013, Page 4
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Kremen stated it was prudent to include replacement and maintenance costs in the
budget. They didn't have to do that. The bottom line would have appeared less. It's
realistic to budget for maintenance. He is concerned about the likelihood of significantly
higher interest rates in the next couple of years. The bond interest rate will have a huge
impact on what the people of Whatcom county will pay for this facility.
Louws stated the cost of money is going up. It would have a big impact.
Crawford asked what the stepping stones are in the design. Louws stated stepping
stones one and two are the Sheriff's office. Stepping stone three is 90 percent jail and ten
percent Sheriff's office. The Sheriff's office headquarters would move to this site. The
Sheriff's facilities estimate is about $11 million of the $109 million project. The County
hired DLR to look at what would happen to the existing jail and Sheriff's Office and
developing a fourth Superior Court courtroom. Demolition and large scale site change is not
included in these estimates.
Crawford referenced line 30 of the budget estimates and asked how much of the
sales tax the County receives. Louws stated most of the money goes to the City of
Ferndale. The building would not be built in Whatcom County.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 2:16 p.m.
The Council approved these minutes on October 8, 2013.
ATTEST:
Council Clerk
- Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kathy Kershner, Council Chair
Special Committee of the Whole, 9/10/2013, Page 5