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HomeMy WebLinkAboutCommittee of the Whole August 8 20001 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 WHATCOM COUNTY COUNCIL Committee Of The Whole August 8, 2000 The meeting was called to order at 6:15 p.m. by Council Chair Marlene Dawson in the Council Committee Room, 311 Grand Avenue, Bellingham, Washington. Also Present: Dan McShane L. Ward Nelson Connie Hoag Sam Crawford Robert Imhof Absent: Barbara Brenner 1. CONSIDERATION OF AN APPEAL OF THE HEARING EXAMINER'S DECISION ON APL00 -0007, FILED BY ROBERT MCCRACKEN (AB2000- 257) Nelson moved to go into executive session to discuss items one and three. Motion carried unanimously. 3. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES REGARDING PENDING LITIGATION (AB2000 -018) 2. DISCUSSION WITH GREG RUSTAND REGARDING JAIL EXPANSION (AB2000 -017) Greg Rustand, Security Specialists Plus (SSP), 1641 Baker Creek Place, stated he came before the Council seven and a half years ago to bring forward a plan to build and operate a work release facility. They started out with 25 beds and are now up to 50 beds. During that period of time, they eliminated 950,000 plus bed -days at the County Jail. They saved the County just under $5 million by engaging in this private /public venture. That is pretty impressive. He commended the councilmembers for taking the chance on them. The Sheriff had faith in them and they moved forward. In that time, they've gained a lot of experience with corrections and how to run a facility. Recently, the Law and Justice study came out. It recommended that the County add 70 beds to the work release system. He asked the Council for a letter of approval to add on to, or build next to, the existing work release facility. The money the County would save, if all 70 beds are filled, would be approximately $586,650 per year, based on $34 per bed, per day. He submitted information regarding cost savings (on file). For example, 40 beds at $34 each, if filled 365 Committee of the Whole, 8/8/2000, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 days of the year, would cost the County $496,400 per year. If 15 beds are added during the second year, the cost would be reduced to $33 per bed per day. If all 70 beds are filled during the third year, the cost to the County would be reduced to $32 per bed per day. If the County did not have a private /public venture, and had to pay the entire cost, the County would save several hundred thousands of dollars. If the County went with the private /public venture, the County could take that savings and direct it to the Sheriff's Office for new officers, for example. He came to the Council with seven and a half years of experience working with the County in the public /private sector. He was confident that they could do the program. Three and a half years ago, he created the animal enforcement for the County, which is more of a challenge in many ways than corrections. Hoag questioned whether the saving achieved by using all 70 beds is in addition to the 50 beds that already exist. Rustand stated it is. Hoag questioned whether he wanted all 120 beds to be guaranteed. Rustand stated the County would continue to pay $28 per day on the first 38 beds, as the contract is now. If they have to build another facility, the County needs to guarantee 40 beds the first year. He asked for an additional 15 beds the following year. The Sheriff could still use the extra beds, above what is guaranteed, on a per diem basis, as the contract states now. He was not asking for anything more or less than that. Hoag questioned how often the guaranteed beds are empty now. Rustand stated they are almost constantly full. Some inmates come into the facility for a day or two, and some are there for a year or two. If the Sheriff can find any inmate that qualifies for the program, then the beds are filled. The 38 guaranteed beds are filled all of the time. They are not paying for extra beds. Imhof questioned the timeframe for building a new facility. Rustand stated that, if this is approved, he could have the building up and running by January or February 2001. It would take him approximately four months to go through the permit stage. His location is now within the City limits. Dawson stated she hasn't heard any complaints about the facility. She questioned whether the Sheriff was comfortable with the proposal. Dale Brandland, Sheriff, spoke to the existing facility first. They have had a great relationship with SSP. They haven't had any problems out there. They did go to the facility on Friday night to conduct a spot inspection. They brought some people back to the jail for suspected drug use. That was the first time they've had to do that. times. Rustand stated that was correct. There have been spontaneous raids many Committee of the Whole, 8/8/2000, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Brandland stated they have had a great relationship with SSP. Beyond that, the Council was presented with a plan and gave the administration the go -ahead to look at some facilities planning. Part of that was to include a minimum - security facility. He has not seen this proposal before. It is something that the Law and Justice Council should look at during its planning process. That is where it is headed. Nelson commended Rustand for bringing the proposal forward. It gave him confidence knowing that, as they go through the process of looking at the criminal justice system, that they have people in the community who are ready to step forward with programs and methods to alleviate some of the overcrowding problem that they have. However, he spent an extensive amount of time in Colorado talking about planning for criminal justice systems, jails, and facilities. This hasn't even gone through the Planning Committee. He was leery of taking a step now without making sure all of the pieces are together. That was one of the things that was hammered into their heads. Communities fail when they begin piecing things together. Rustand stated this is one of the reasons why he came before the Council. He realized that the County should go through the Law and Justice Council. In the meantime, he has a proposal that would help the jail situation. The programs could continue. Nelson stated there are issues in the Prosecutor's Office and determining the types of facilities they will need. There are many other issues, including providing food, training, education, and other issues involved in incarceration and the work release program. Incarceration is more than just a jail. They have to ask how to tie everything together to make the most cost - effective plan. Mr. Rustand's program is a viable program that addresses one element of the plan. Brandland stated it is possible that the County will end up utilizing something like this. The planning process, from his perspective, is something that will continue for many years. If they decide in 15 or 20 years that the County wants to have a regional justice center that incorporates a maximum - security jail, Sheriff's Office, Public Defender, and the courts, all within one facility, then they could do that because the County is planning for that. Hoag stated it needs to fit in with the system. She questioned the ten -year contract. Rustand stated it is the same type of contract they've been in for the last seven and a half years. He bid the service at $28 with no increase at all. Hoag questioned whether the daily bed fee would be locked in for ten years. Rustand stated they would like a ten -year contract with the County. They don't know what the County's timeframe is. They would have to ask the County's legal counsel. Imhof stated ten years is not a problem legally. The limit now is 20 years. Committee of the Whole, 8/8/2000, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Rustand stated the reason they asked for a ten -year commitment was because they have to pay for it. Hoag questioned whether they have been coming back each year for increases. Rustand stated they've been coming back for more guaranteed beds, not for an increase in the fee. Hoag stated that a ten -year contract should have something in it other than a statement that they don't think they would raise the rates. Rustand stated he wouldn't have a problem with locking in that price, or negotiating that fee. For example, if the County guaranteed all 120 beds, they could lock in a fee of $30. Those are details that could be negotiated. Nelson questioned whether Mr. Rustand would be willing to present this to the Law and Justice Council. Rustand stated the only problem he had was if the County puts out a request for proposal (RFP) rather than extend his contract, then he is letting everyone know what his costs are. Imhof stated they already know. Rustand stated they know at this point in time. Brandland asked if Mr. Rustand would be willing to make a presentation to the Law and Justice Council, without presenting the numbers. He could specify that the numbers would have to be negotiated. Rustand stated he wouldn't mind that. He questioned how quickly the committee will operate, because that doesn't help the County's situation now. Nelson stated the Council needs to know from the Law and Justice Committee the priority objectives that need to be accomplished to work on the entire system. Those priorities are what they are going to decide on. If minimum security is a priority, then that will be worked on right away. Mary Lee Rustand, SSP, 1641 Baker Creek Place, stated that if in eight years the plan won't need the facility any more, the County may be able to purchase that building and put something else into it. They are not going to lock the County into the type of use that could be in that facility. There would be flexibility, and the County would always have the right to purchase the work release facility and minimum - security facility on one property. They want to work with the County, but they want to assist the need that is happening now so the County is not pressed into making any decisions too quickly. Dawson questioned whether they need a band -aid solution. Ten years is a short time in the long scheme of things. Brandland stated that, as the person who is responsible for it, he has been struggling with the operation of the jail for a number of years. He agreed with Councilmember Nelson. They have gone in the direction of planning. He wanted to Committee of the Whole, 8/8/2000, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 make sure they do this right. This is a big job. If that means he doesn't have more beds right now, it is worth it. Dawson stated the Law and Justice Council might recommend an interim solution. Brandland stated it could be. It has been interesting to see the evolution of the County's alternative program. He didn't think they are done with it. He would much rather be hamstrung from a space perspective for a little while in favor of planning properly. He has not seen this proposal before. Mr. Rustand has talked about it. Ten years is a big commitment. Imhof questioned how frequently the Law and Justice Council meets. Brandland stated they are just getting started. The chairman, Art Anderson, was just involved in a major motorcycle accident. He may not be back for a while. They might have to replace the chair. They are capable of getting going. They have a lot of work to do. Nelson stated they still have to get around to the cities and get their full participation. Anything they do impacts the cities. They need to know what their needs are. They have to start planning now. As they add band -aids, they end up changing plans and the process gets diverted in a different direction. It creates a bigger problem in planning. They need to look at this comprehensively, get it prepared, and start moving forward with the cities, the citizens, and the people who are going to be responding to their needs. Imhof stated the report said that one of the top priorities was a minimum - security jail facility. The flexibility that the Rustands have shown in their operation speaks highly. They need to look at this and discuss it longer than a half hour. It is a good start to get the public discussion going. It is a discussion that is needed. Until now, everyone has stuck their heads in the sand hoping it would go away. It won't go away. He was hoping for a bigger turnout for this, and hoped more criminal justice would have an interest in what would be presented. In that plan, they talk about a couple hundred beds. They have the land to increase a facility to 300 beds or more. There is flexibility in the Rustand's plan. They need to run the plan through the Law and Justice Council to see where they feel it should go. The plan calls for a phased facility. The 70 beds might be the first phase. They can go up from there. They will have the triage to take out the mentally ill, who should not be in jail. Hopefully they can also phase in the social services, anger management, and those types of services. They need to go through the plan and determine the long -term needs and how they would be phased in. They could build on the first 70 beds. They deserve to get this discussion out to the small cities and to the public. Hoag questioned how long the Law and Justice Council would take to review this, since they are not up and running yet. Brandland stated they are talking about two things. They are talking about a major capital facilities planning process and including this plan as a part of that. Committee of the Whole, 8/8/2000, Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Dewey Desler, Deputy Administrator, stated there are two different pools of support. One is to expand work release, which is one of the recommendations contained in the study. There is an option to build a larger corrections center. This is all valuable information. The County has gotten good service from the Rustands over the last few years. The administration has an interest in having a more deliberate and intense planning process on the future of where it is going with the jails. They would come back with options and information that the Council deserves about the appropriate approach to take. It would take a bit more time. This proposal indicates a cost of about $1 million per year. They don't generate the revenue to support all 39 proposals. They have discussed two of the 39 proposals. The administration would seek a more accurate, active, and deliberate planning process. They will ask the Council to approve an approach with architects to design a facility. They may incorporate the information from the Rustands in the process. From the administration's standpoint, they would use the competitive approach whenever they acquire this kind of service, because it is so expensive. The Rustands' operation has been an excellent operation to date. They need to go through a public, competitive process and let the free enterprise system work. It would be premature for the administration to recommend entering into an agreement at this point. There are a lot of people they are trying to pull together to make recommendations to the County Council. There are going to be meetings this month and again in September. They should not expect to have a recommendation on this issue for at least 90 days. Hoag stated 90 days is optimistic. Desler stated it is not appropriate to make the recommendation now. When the County decides to spend $1 million per year, they ought to be very deliberate and very careful about that and make sure it is the highest priority. Those dollars are precious. Mary Lee Rustand stated they consulted with their attorney. The amendment would alleviate pressure. All they are doing is expanding over the existing bed space. They are trying to help the present situation until the plan is together. They did seek legal counsel to make sure they weren't violating anyone's rights or compromising the County's position. Greg Rustand stated that, in the last seven and a half years, they've tried to keep up with the most modern techniques. They do at this time have a team together that can design, engineer, construct, and acquire the land for a facility. His team would create the get the financing and create the facility and the County would make the mortgage payment. At the end of that mortgage, the County would have a building and a facility. The facility is a campus -style facility that could expand into 400 beds. It would take up approximately six acres if the building is one level. Inside the building would be training rooms, classrooms, laundry, a large kitchen, attorney offices, judge offices, and courtrooms. It would be a dormitory set -up of 50 inmates per dormitory. It would house male, female, and juvenile inmates. This structure comes from a collection of ideas they've collected over the last year. His engineers designed it. The cost of the land acquisition and structure Committee of the Whole, 8/8/2000, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 could cost approximately $8 million, depending on the accessories that are installed. MaryLee Rustand stated they've toured private /public facilities in four states. They've attended the ACE meetings. They've kept up on all the regulations and have been active in training. They've worked with this team for a long time. Nelson questioned the number of acres the Rustands have. Greg Rustand stated the current facility is on a half -acre. He could add more. Nelson questioned whether this is a proposal for another location. Greg Rustand stated it is possible. They have several acres around the current facility. To build the campus facility, they would have to do a two -story design. The current design is on one level, which cuts the costs down. It is all centrally located. They have property they could access and build on and would be very comfortable for the Sheriff's Office needs. It is centrally located. He asked that the Council take a few minutes to look at the design. It is a turn -key facility. They would work with the County to develop it. The most important thing was that he didn't want control. He liked the situation he has with the Whatcom County Sheriff's Office and the County administration. It is a team effort, and that is the way it has to be. ADJOURN The meeting adjourned at approximately 7:00 p.m. Jill Nixon, Minutes Transcription These minutes were approved by Council on September 12 , 2000. ATTEST: Dana Brown - Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Marlene Dawson, Council Chair Committee of the Whole, 8/8/2000, Page 7