HomeMy WebLinkAboutCommittee of the Whole May 30 20001
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WHATCOM COUNTY COUNCIL
Committee Of The Whole
May 30, 2000
The meeting was called to order at 6:00 p.m. by Council Chair Marlene
Dawson in the Council Committee Room, 311 Grand Avenue, Bellingham,
Washington.
Also Present:
Dan McShane
L. Ward Nelson
Barbara Brenner
Sam Crawford
Robert Imhof
Absent:
Connie Hoag
1. DISCUSSION WITH DEPUTY ADMINISTRATOR DEWEY DESLER,
SHERIFF DALE BRANDLAND, AND COUNCILMEMBER WARD NELSON
REGARDING THE PLANNING OF NEW INSTITUTIONS - JAIL
FACILITIES (AB2000 -201A)
Dewey Desler, Deputy Administrator, introduced the team that represented
Whatcom County to a federally- funded program on planning new institutions. The
program was in Longmont, Colorado. Dan Fitzgerald, Wendy Jones, Deane Sandell,
Dale Brandland, Ward Nelson, and he attended. They studied how to deal with one
of the more complex operations that exist in County government, the development
and programming of a jail facility. He crafted this presentation as an example of
how one might approach jail facilities. The County Council will receive
recommendations from the Law and Justice Council about this time next month. In
it, there will be recommendations as to how to address corrections and jail issues
well into the future.
There are 15 steps associated with facilities development. Those steps are
broken down into five phases. There is a pre - architectural phase, site selection and
planning phase, architectural design phase, construction phase, and occupancy
phase. The key is to start from a broad vision of where they are going and why.
Because the jail serves a key part of the functioning of the criminal justice system
and County government, it is probably best to look at master planning.
Initiating a master plan and dealing with larger space planning issues would
be appropriate. Master planning includes organizing the planning team; reviewing
information and recommendations from the Law and Justice Plan; identifying needs
from all departments; collecting and analyzing data; reviewing standards,
mandates, and guidelines; projecting space needs for a 15 -year period; reviewing
recommendations with the County Council and County Executive; and exploring
alternatives. This is essentially a series of detailed material in the packet (on file)
that shows some of the responsibilities and roles of various people as they
approach this particular topic; some of the work activities they would expect to
Committee of the Whole, 5/30/2000, Page 1
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accomplish, and; some of the products they would expect from that section of the
phase.
The next step is the architect selection process where they identify needs;
make sure hiring process is inclusive and they have the best possible candidates;
and manage the architects according to the County's needs. Again, there is a
detailed description of roles and responsibilities, activities, and products.
Brenner stated she reviewed paperwork the Council received from the
consultants. She got the impression that the consultants felt the County should do
more of these kinds of things, and hire them to do them. She is concerned, if that
is the intent, that the consultants are making opinions based on getting future work
from the County. Desler stated one step in the architect selection is to manage the
architects according to the County's needs. Architects are basically consultants.
Desler continued with step three, economic feasibility, which is to estimate
construction costs; estimate operational and staffing costs; determine other
impacts; evaluate the existing facility; and explore alternative funding mechanisms.
The facilities programming step would look at the entire jail operation
program; refine the budget; and finalize the project schedule.
The site analysis and selection process includes identifying site requirements;
identifying available sites; evaluate site acquisition and costs; analyzing the sites
based on criteria, and; selecting and acquiring a site.
Brenner questioned whether there is already a site that the administration
wants. Desler stated there is not. The administration has begun to request
assistance from Planning and Development Services to determine what areas of the
county are zoned to allow for a jail.
Brenner stated she heard about a site at the airport.
Brandland stated he approached the Port of Bellingham to see what they had
in that location, specifically looking at the entrance and exit for airplanes, thinking
that there is an airport noise issue.
Desler stated they also looked to see if that property is properly zoned.
Brandland stated this is an exciting process. It is important to go through a
public siting process. They will do that. He was just looking around to see what is
available.
Desler stated part of the planning includes looking at a number of sites. The
County Council will make the decision about where to go.
Nelson stated they learned in Colorado that they never think about size when
the site is being chosen. They need to ask what they are trying to accomplish,
Committee of the Whole, 5/30/2000, Page 2
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what it will be in the future, and where the County services will be provided.
Instead of having things dispersed all over the county, they need to locate services
so they are easy to the public.
Brandland stated they also need to determine where they will be in 20 years.
One question is if they want a jail, courts, probation, judges, prosecutors, and
public defenders in one complex. If they do, they need to make sure there is a
large enough land mass to accommodate that direction when they site the jail.
Desler continued with the presentation and stated that there are different
roles and responsibilities during the site analysis and selection stage. During this
stage of the process, the County Council would approve the site selection process,
participate in the process, and approve the final site. Other people would have
roles and responsibilities to identify the products and accomplish the work
activities.
In the design development, they define the specifications; refine the costs;
and select the materials; in the case of the jail, they would identify and examine
security equipment, communications systems, kitchen equipment, graphics and
signage, and furniture.
In the contract document stage, they will complete the plans, specs and
bidding documents; estimate the final cost; and present to the County Council for
review and approval.
They need to obtain certain agency approvals and building permits in step
ten. If there are other kinds of approvals, they need to be determined.
The bidding and negotiation is step 11 in the 15 -step process. They will
advertise and select the best alternative and explore all the alternatives.
Ultimately, that material would come to the County Council for review and
approval.
Step 12 is regarding construction. It includes administration of the
construction contract; observations; payment process; testing, and; change orders.
Construction completion includes issues related to warranties, manuals,
moving logistics, occupancy permits, and laying out the furnishings.
There is a great deal of work associated with moving in. They have to
develop policies and procedures, train staff, transfer residents, initiate a
maintenance program, and begin operation.
The last step is occupancy and operation, and includes maintenance and
repair.
He displayed charts showing estimated timeframes in terms of planning,
design work, construction, and occupancy. In terms of the money that is required,
Committee of the Whole, 5/30/2000, Page 3
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percentages are allocated to design, construction, planning, occupancy, and other
projected costs.
Brenner questioned whether there is a ballpark estimate on cost. Desler
stated it depends on the kind of project they decide on.
Brandland stated there is no way to speculate at this point. It depends on
design, bed numbers, and many other factors.
Desler stated they will receive some meaty recommendations in about three
weeks from the consultants. The money graph is useful, no matter what facility
they decide on.
This presentation is not to make a recommendation, but to discuss an
approach. Members of the team were very appreciative of the opportunity to
attend the training. It is useful to the County whether or not they use this
approach for this particular facility. It can be used for other types of projects.
Brenner questioned when the planning begins. Desler stated it begins at the
point that the County Council approves moving ahead with something like this.
Brenner questioned when the County Council is going to see something it
wants to move ahead with. Desler stated the administration will propose a
particular approach like this. If the County Council is not opposed to this approach,
the administration will propose an approach and a series of recommendations to
start down this path within a month.
Brenner questioned whether the approach will include different options.
Desler stated it will.
Nelson stated they are looking at the types of steps the County will take in
the initial planning stage. A group effort will include the County Council, staff from
the Sheriff's Office, and members of the Criminal Justice Working Group. The
group effort will try to define what the County wants to accomplish. A lot of the
information will be gleaned from the study they are waiting for.
Brenner questioned whether all this planning will take place in about four
months, once the study is brought forward in three weeks.
Nelson stated once they start in a concerted effort with funding, they can do
this.
Brandland stated a lot of the questions would be answered by step one of
phase one, initiation of the master plan. That planning process is where they ask
themselves as a government what they want to plan for. Once the decision is
made, it will assist them in the direction they want to go.
Committee of the Whole, 5/30/2000, Page 4
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Nelson stated they need to be broad - minded enough to have options that will
allow them to use the criteria of critical issues.
Brenner questioned whether they should do that first, before anyone comes
to the County with options.
Desler stated there would be recommendations on the size of the jail and
types of offenders that they will serve.
Nelson stated they would prioritize.
Desler stated the jail is tied with many other County operations. As they
begin developing one part of that, they need to do master planning regarding all
the space issues in the future. They make all those decisions consciously. It is
easier to make those adjustments as part of a planning process early on than it is
after they've started construction.
Brenner stated she wanted to make sure the County doesn't become an
incarceration building for other areas.
Brandland stated that is part of the public policy issue they would make early
on. Some jurisdictions decided they want to do that. They are able to show they
can cut their costs by housing other people's inmates. The National Institute of
Corrections funds this because different jurisdictions around the country have gone
into the construction of jails, and it has been a disaster because they didn't know
the process that they needed to go through. They are not making any
recommendations on a building or type of construction. They are presenting the
steps that are necessary to go through when they decide what they want to do, so
they can eliminate cost overruns and that sort of thing. If they follow the steps,
that sort of thing shouldn't happen.
Desler stated these buildings should last 40 or 50 years. If they devote time,
energy, and resources at the front end of the process, that will hopefully produce
the best possible solution for Whatcom County's space needs for this function well
into the future.
Brenner stated her concern is that people in organizations such as the
National Institute of Corrections (NIC) want to build these types of things. She
questioned what happens if the country changes direction and decides that it is
criminalizing too many things and decide to do preventative work.
Brandland stated the NIC doesn't do that. They weren't selling anything.
Nelson stated it was an education.
Brenner stated it is not that they are trying to sell something, it is that they
have a mindset about the wave of the future. It may not be the future that others
see.
Committee of the Whole, 5/30/2000, Page 5
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Desler stated the reality is that they are going to continue to incarcerate
people. Whatcom County is growing. In one way or another, they have to have
room to incarcerate people. Whatcom County has taken giant strides, compared to
other jurisdictions, especially regarding alternative corrections. Very few
organizations in this country have gotten on the alternative bandwagon the way
Whatcom County has. They have gleaned out the low risk offenders who don't
belong there. When they do decide what they are going to build, they will be able
to clearly identify the County's needs. Also, they will be able to show the
community that they have been good with the public dollar because they have
gotten so many people into that alternative program and not had to use the main
jail. Whatcom County has one of the only privately run work release facilities in the
state. Whatcom County does a pretty good job.
Nelson stated the other groups at the training were asking about Whatcom
County's jail alternatives.
Wendy Jones, Corrections Lieutenant, stated she sent out packets about the
jail alternatives to every other group that attended. They were all interested in
what Whatcom County does. The biggest thing that came out of NIC's training was
that the emphasis was on pre - planning and making some good decisions. The
phrase was to plan for the future and build for present needs. That is what Sheriff
Brandland and Mr. Desler are talking about. As a public policy decision, the
government needs to decide the services that will be provided in this one place in
25 years. With year 2000 dollars and year 2000 rules and regulations, they can
find a site that will be able to accommodate that. It makes more sense to purchase
a site that can accommodate growth so it can grow as dollars become available and
the need comes. Right now, they may need space for only 120 offenders, and that
is all they will build for. It is expandable. They will do the infrastructure so it can
tolerate the expansion as it comes along. They certainly don't build a 700 bed jail if
they only need 130 beds.
Brenner stated many times there are border criminals. She questioned
whether the County will receive any federal funding.
Dan Fitzgerald, Chief of Corrections, stated the County charges a per diem
rate.
Brandland stated the one area for which the County does not receive any
help has to do with those people who are arrested at the border and require
extradition. The County receives about 140 of those people annually. County
Prosecutor Dave McEachran has to deal with the extraditions. The County is not
compensated for that.
Fitzgerald stated the last few years they've been getting a grant based on
the number of aliens housed in the jail.
Committee of the Whole, 5/30/2000, Page 6
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Desler stated Councilmember Brenner is correct. Whatcom County needs to
see maximum federal assistance for anything the County does, including planning,
design work, construction, and any program money. On top of that, they need to
build an accounting system with an adequate replacement cost for the jail as part of
the per diem cost.
Brandland stated he has been contacted by the governor's office, who is
interested in looking into the issue of regionalization and forming a partnership
between the state Department of Corrections and local communities to build a
regional facility to handle some of the overflow. That discussion is finally beginning
to happen. As bad as it may sound, the state is at least beginning to step up to the
plate and say it will supplement money to do this.
Imhof stated the state realizes there is an issue.
Crawford stated the state has been making these laws without having a clue
of the impact on the local jails.
Brandland stated that the state is finally beginning to recognize that. That
discussion is starting.
Brenner stated that discussion is starting because most people don't want it
in their communities and want to send it off to Whatcom County, which has
everything dumped on it.
Brandland stated that is not true.
Crawford asked about marketing this plan to the public to discuss the
funding. Desler stated the public information activity is important to this. It is not
listed in the plan for development of facilities, but there is a deliberate effort that
needs to be developed. The public needs to be informed and involved.
Brandland stated that when the recommendation comes from the
consultants, is brought to the County Council, and is approved by the County
Council, there will be a public education campaign.
Desler stated they didn't go off to study how to present and market this to
the public. They went to understand the best approach to think about and design a
very complex building. It will be used 24 hours per day, seven days per week, by a
lot of people who don't want to be there. It is one of the most dangerous places
that exists in the community. That requires a different way of thinking and
planning. Presenting it to the public takes people who have been successful in
other campaigns.
Crawford asked if that is part of step three.
Nelson stated they have to do that by step three. They would have to have
some mechanism before getting deep into the planning.
Committee of the Whole, 5/30/2000, Page 7
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Brenner questioned where the regionalization option will be presented.
Brandland stated it is a separate issue.
Brenner disagreed.
Brandland stated there are only four people that will be involved at that
table, including a representative for the Governor, the Department of Corrections,
the Sheriffs and Police Chiefs, and him. That discussion will begin. It is completely
separate from this. It is a statewide phenomenon.
Brenner stated she wanted to say up front that she didn't want to have a
regional facility in 25 years.
Brandland stated that is a public policy decision.
Desler stated no one is promoting any active integration with other
communities to develop a jail facility. They are talking about meeting the needs of
local people in the county. The work done in the past has always steered away
from a regionalized approach because so much of the interaction going on between
the community and the jail is local.
Nelson stated the jail has had tremendous impacts on the mental health and
substance abuse fields. Treatment facilities are going to be more local and more
effective than if they put people in regions where they are not around family,
friends, or support systems. Economics come into play. The public is not willing to
pay a lot of money for these things to pop up everywhere. They may say there is a
better, more economical way to do it. The policies they set are for today. The
things they have to keep in mind is to keep enough flexibility so the people in the
future will have an opportunity to make their own decisions.
Desler stated the state has an interest in how they are going to respond
statewide to the issue of misdemeanants.
Brandland stated they are finally beginning to take an interest in local jails.
Jones stated one item in step one is collecting and analyzing data. This is a
piece of information that will come up. The consultants' report will be a big part of
it. They have already funded a lot of the collection and analysis through the
consultants' report. Folks who do that for a living will do that part. It will help
guide a lot of the discussion. It may not be where the County will wind up, but it
will provide good information to make some good, informed decisions.
Nelson stated the County can look through the items and determine what is
important, how to rank the various issues, and what may be other issues that are
of concern. That analysis of the criteria is what drives their course of action. The
course of action is where they will eventually locate. The weight of the criteria will
be different for the different organizations such as the administration, legislation,
Committee of the Whole, 5/30/2000, Page 8
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and the public. They need to make sure enough criteria is available, based on the
facts within the community, to make a very good decision.
Imhof stated this is just an outline. It is not cut and dried. It depends on a
variety of things.
Brandland stated this will be a very public process. The County Council will
be intimate with the decision - making.
Sandell stated NIC is not an advocacy group. They don't recommend
building jails. They've looked at hundreds of projects around the country and
analyzed those projects. They've identified the steps one has to take to be
successful in creating a successful project.
Nelson stated NIC brought in private consultants from around the country
who are experts in construction, legal, architecture, and other areas. The experts
are brought in for this course so all questions are answered.
Desler stated they practiced going through this process. They can use the
same process no matter what they do. He recommended that they consider a
global approach to the County's needs.
Nelson stated they are fractioning county services and need to consider if
this is where they want to go.
Brenner stated she is for consolidating services, but is not global about it.
Desler stated the term global is meant to indicate looking at the entire needs
of the County at the same time.
Imhof stated it is something to think about in anticipation of the report they
will receive in three weeks. They can begin to prioritize concerns and have them
ready for when the report comes out. If the concerns are not addressed in the
report, they can be brought forward.
2. DISCUSSION REGARDING WALLA WALLA ORDINANCE NO. 219, AN
ORDINANCE COORDINATING COUNTY, FEDERAL, AND STATE
GOVERNMENT ACTIONS AFFECTING LAND AND NATURAL RESOURCES
USE (AB2000 -201)
Dawson stated she attended a conference with the Farm Bureau in which
they discussed the fact that state and federal agencies often come into the County
and take over. The County reacts instead of becoming proactive, as in the case of
all the moratoriums. The idea is to adopt an ordinance. If the County Council is
interested in this, she wants to put it into committee so it can be fine -tuned to
relate to Whatcom County. County Prosecutor Dave Grant looked through this and
recommended that the County request from the federal agency the statute that
Committee of the Whole, 5/30/2000, Page 9
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grants that agency the authority to come into the County. Otherwise, the County
will expect to work cooperatively with the County.
Brenner stated she would support it going into the committee. She didn't
want any proposals to the County that are a private individual's fight with the state
or government. That is what Walla Walla has, and she wouldn't support that
particular ordinance. She liked the idea of tailoring an ordinance to Whatcom
County's needs specifically, and making sure there is as much local control as
possible. It is not the County's job to do a lawsuit for every individual citizen who
believes that he or she has been wronged by the government.
Dawson stated the Council has to protect the public.
Brenner stated the way the Walla Walla ordinance is worded is very
dangerous. She would schedule an ordinance in Public Works Committee. One
portion of the Walla Walla ordinance says that the county's prosecutor will step in
on behalf of an individual, once all other channels of redress has been exhausted.
Nelson stated a prosecutor is obligated to enforce any law that the legislative
body enacts.
Dave Grant, Senior Civil Deputy Prosecutor, stated Walla Walla made it a
misdemeanor to do certain things by violation of the policy.
Nelson stated it could be something to look at. During the National
Association of Counties (NACo) conference, there was discussion about the
parameters that the National Marine Fisheries Services (NMFS) wants enforced.
The County is spending a lot of money, but it doesn't know the parameters that
NMFS wants the County to achieve.
(Clerk's Note: End of tape one, side A.)
ADJOURN
The meeting adjourned at approximately 6:45 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on June 13 , 2000.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Marlene Dawson, Council Chair
Committee of the Whole, 5/30/2000, Page 10