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WHATCOM COUNTY COUNCIL
Finance and Administrative Services Committee
August 10, 1999
The meeting was called to order at 12:00 p.m. by Committee Chair L. Ward
Nelson in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Also Present: Absent:
Robert Imhof Tom Brown
COUNCIL "CONSENT" ITEMS
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #99-
83 TO THE LOWEST RESPONSIVE BIDDER, HENIFIN CONSTRUCTION,
TO DEMOLISH THE OLD JAIL BUILDING AT THE NORTHWEST ANNEX,
IN THE AMOUNT OF $78,837.37 (AB99 -300)
Imhof moved to recommend approval.
Dave Wareing, Deputy Administrator, stated the bid takes into account the
working area involved.
Nelson questioned whether part of the demolition would include holding down
the noise and dust levels. Wareing stated they would. They will bring forward the
funding for this during the next supplemental budget process. This will allow them
to go ahead with the work. The total amount for demolition will be the higher
number. This amount is just for the destruction.
Brenner asked what they would do specifically to protect the employees.
Wareing stated they would do it after hours and on weekends. They will also shut
down the heating /ventilation /air condition (HVAC) system.
Motion carried unanimously.
DISCUSSION AND RECOMMENDATIONS TO COUNCIL
1. ORDINANCE (EMERGENCY) AMENDING THE 1999 BUDGET, REQUEST
NO. 6 (AB99 -309)
Dave Wareing, Deputy Administrator, stated there are deficiencies in the jail
regarding code compliance. They would like to fully comply with the law and
address the needs. A number of things have occurred. The jail had been evaluated
for life /safety compliance. At this time, they are not in compliance with those
codes. There are a number of things to do. With the supplemental budget request,
they would like to take physical corrective measures, such as installing doors, to
segregate areas for fire safety. There aren't many combustible items allowed
Finance and Administrative Services Committee, 8/10/99, Page 1
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within the jail. There is also an impressive sprinkler system. They would like to be
able to deal with events effectively. The rest of the problem is with the number of
people in the jail. There are a number of choices. The jail is running at maximum
capacity. Design capacity is 138 - 140 people. They've double- bunked people to
physical capacity of 230 -235 people. It has a greater physical capacity than a
design capacity. The third capacity is operational capacity, which is the ratio of
people it takes to run the jail. Operationally, they can be at 180 to 190 inmates. It
currently runs at 220 - 230 people. The requested positions would operationally
staff at the current physical capacity, and it would also address the evacuation
necessity. If they choose not to fund the positions, then the they would have to
take other measures to nullify the life- safety issues by mechanical means or design
changes, or reduce the jail population.
Imhof asked how they justify new positions before the vote on the initiative
that would reduce criminal justice funding significantly in the next year.
Nelson questioned whether the City inspected when they changed from the
design capacity to the physical capacity.
Dale Brandland, Sheriff, stated he understood the County responsible at the
time for inspecting the jail facility.
Wareing stated the County was responsible for that facility during
construction. During the construction, the County was responsible for the code
compliance. It is appropriate for the City to be responsible.
Nelson questioned whether, at the time, they met all of the County's code
requirements. Wareing stated they don't know what happened back then. It was
under a different administration. There is no indication that any inspection was
done.
Nelson stated he couldn't imagine increasing the physical capacity without
someone being concerned about code issues. Wareing stated there is no
information regarding whether or not that was done.
Brandland stated he was also concerned about I -695. He felt he had a
responsibility and obligation to bring the issue forward. The reality is they need
more staff to effectively evacuate the jail.
Nelson asked administration's recommendation. Wareing stated this is a
difficult decision. It creates a funding requirement the County will have to meet.
Brandland stated they plan to use border impact monies.
Wareing stated the total package is just under $200,000 to the end of 1999.
The on -going cost is on packet page 16. The Sheriff received about $130,000 of
border impact money that will alleviate that cost.
Finance and Administrative Services Committee, 8/10/99, Page 2
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Brandland stated that the first year, the border impact funding went to
supplement the planning process. Wareing stated that, of the $110,000, $95,000
was earmarked for the criminal justice study. There is an additional $133,000 that
they just received for 1998 and is available as well. The third amount available to
the County is for 1999, and is now available.
Dan Fitzgerald, Chief Corrections Officer, stated the first $111,000 came at
the first of 1999. That was for a period ending June 1997. It was set aside for the
criminal justice study. The second was for $134,000 for the period ending June of
1998. It was received in spring in 1999. Council approved remodeling and a crew
leader position to be funded with that amount. The third amount was for the period
ending June 1999 and was received in August.
Nelson asked what had not been allocated. Fitzgerald stated they have not
allocated the current amount of $130,000.
Imhof stated some of that will have to pay for the crew leader.
Hoag asked how much of the $134,000 for the period ending 1998 went to
funding the crew leader. Fitzgerald stated he would provide that information.
Brenner asked about taking on other warrants and charging other
jurisdictions. Brandland stated they had restricted bookings, and were not taking
warrants into the jail. They are now making every effort to serve the warrants.
They are allowed to charge the cost to the jurisdictions if they book the warrants.
The County charges the jurisdictions by the amount of people put into jail the
previous year. They start charging them based on the previous year's bookings, so
they can budget for the next year.
Wareing stated that money goes into the general fund as revenue.
Brenner asked what kind of money the County is taking in.
Sergeant Wendy Jones stated they would look up that information and get it
to the Council.
Brenner asked for the numbers in the last year. Brenner also asked if they
charge what it costs the County to book the people. Brandland stated they are
doing that.
Brenner also asked where they came up with a staffing number of seven, and
why they are asking the City to do the inspections.
Brandland stated it takes 5 Y2 people to go to work everyday for seven days
a week, 24 hours per day. That is where the five comes up. The other two are
transportation officers to transport prisoners to courts and medical appointments.
Brenner stated she wanted to see the formula.
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Wareing stated in 2000, Bellingham will start paying a booking fee. In this
year, they went from $37 per day to $50 per day. Once the change in booking fee
takes place, there is an 18 -month lag from the new charge to receive the new fee.
They will see the increase due to the new booking fee from Bellingham, however,
beginning in 2000. It will increase the revenue in the jail by $150,000 to
$200,000. That will include all the jurisdictions.
Fitzgerald stated the Council approved a supplemental for a work crew
supervisor for $20,000 for six months. They've taken that supervisor to also do the
State Department of Transportation (DOT) road crew stuff. That position generates
about $60,000 per year. To support him next year, they would fund from his
contracts. They are also using another work crew supervisor to work on the
Northwest Annex. They get $5,000 from Building and Codes for hiring that work
crew person.
Wareing stated those programs, once funded, pay for themselves.
Nelson asked if they would then have $130,000 that is not allocated.
Wareing stated they would.
Dawson stated she supported the information and getting the costs of the
warrant. Any money coming in from the warrants should be allocated to the
Sheriff.
Wareing disagreed. They would not see any more revenue coming in from
those. The County does not get the money from the warrants. The County gets
money from booking people into jail, which is at its maximum capacity. Those
warrants have been served. There are people in jail being charged a per diem fee.
Brandland stated they were booking them and releasing them. The
Prosecutor stated the Sheriff could not release prisoners. So, the figures
mushroomed. The Sheriff entered into an agreement with the different judges so
that they had a better ability to deal with them at the end of the process. They are
still taking them in as they were to begin with. Now they are trying to deal with
them at the end of the process, not the beginning.
Wareing stated increased revenue will not be from increased bookings, until
they begin charging the booking fee. A book and release will be charged the $50
booking charge. If the inmate is processed into the jail, then there is an additional
$50 per day for each day they are in there. The County will generate an additional
amount of money that will continue on into the future.
Dawson asked about the staffing levels statewide and if there is a mandate
for staffing levels. Brandland stated that there is not a mandated staffing level.
Looking across the state, almost all jurisdictions are understaffed.
Finance and Administrative Services Committee, 8/10/99, Page 4
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Brenner stated they are already out of compliance, and they should go
through the budget process. There is a need, but it should go through the budget.
She didn't understand why they are getting the emergency ordinance since the
problems have been going on since March.
Dawson stated she wanted staffing information statewide prior to the budget
process.
Brandland stated they always ask for more jail staffing during the budget
process. They first became aware of this in March. They didn't bring it forward
sooner because they wanted to have all the information available to the Council
that wasn't ready. Now that information is available.
Brenner stated the letter from Preston Burris, City of Bellingham, showed a
real need to get the building upgraded. She didn't see any rush to increase
staffing. Brandland stated the letter didn't say the staffing needed to be increased
by seven people. It is not there. They acknowledged to Mr. Burris that the night
shift needed more attention. They have had someone on overtime on that shift
ever since. That is the one position they felt they were deficient in and Mr. Burris
agreed needed to be filled.
Imhof moved to increase the staff by one person to alleviate the overtime
position in the evening, and to approve the money to improve the physical
renovations at the jail. He was very concerned with I -695 and its ramifications.
His motion will alleviate the overtime use and get them in line with the physical
requirements of the facilities. He requested an amount for the renovations.
Hoag asked for a copy of information referred to in the packet. She also
asked if the law changed to no longer allow booking and releasing. Brandland
stated there was not a change in the law. The Sheriff was not aware they could not
book and release.
Hoag questioned whether they were looking into her suggestion of a tent jail.
Brandland stated they would be very effective on a seasonal basis. He also
advocates a minimum - security facility. The criminal justice is looking at the whole
issue of minimum security. The problem with tent jails is hiring the staff on a
seasonal basis. That study should be available in the fall.
(Clerk's Note: End of tape one, side A.)
Hoag stated she was very concerned about the overtime use. She brought
forward a proposal for another correction officer during the last budget process,
which was not approved. Wareing stated it didn't address that issue and it wasn't
something the administration supported.
Hoag asked why they should increase the transportation officers by two.
Fitzgerald stated they've increased their transportation to the courts. There are
five courts going on at one time, and two people doing transportation.
Finance and Administrative Services Committee, 8/10/99, Page 5
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Transportation officers also transport to the hospital. The increase is because they
don't book and release any more.
Brenner asked if the mandatory sentencing could be in a minimum security
facility. Brandland stated it could.
Brenner stated a non - violent offender belongs in the minimum security
facility working it off, rather than the County just putting him away. Brandland
stated the people in the jail are not necessarily there because of an offense they
committed, but because they are so dysfunctional and so uncooperative that they
can't obey rules. Everyday, they pull out the people from the jail that might
succeed in the alternative program. Many are substance abusers that will belong in
the minimum - security facility.
Brenner questioned whether the work - release program was overloaded.
Brandland stated that fluctuates, depending upon the availability of people that can
fit into those programs. If inmates don't have a job to go to, the County will give
them a job cleaning County roads.
Brenner stated she wanted to see something during the budget cycle to
increase the minimum - security aspect. Brandland stated they've been aggressively
pursuing alternatives. They may have 220 inmates in jail, but they also have an
additional 130 - 150 in the alternative programs.
Nelson stated this is too much debate at this time, considering the upcoming
budget and the ramifications from I -695.
The committee concurred to hold a work session soon.
Wareing stated this boils down to the level of liability risk the County is
willing to assume. The more people they add in to manage the jail, the less liability
risk there is to the County. There are two issues. One is fixing the facility. That
came about to the code compliance issue. The corrections officers issue came
about due to the evacuation exercise. He recommended a minimum of two
staffers, if not a maximum of three. He would have a problem approving with
seven. Two or three is doable with some budget prioritization.
Hoag asked for clarification on the amount of corrections staff. Wareing
stated there was a transition to a correction's sergeant.
Nelson restated the motion to fund one additional officer and the
infrastructure improvements.
Brandland stated there won't be a direct correlation between adding the one
position and cutting the evening overtime costs. There will still be several days a
week the position will not be filled.
Finance and Administrative Services Committee, 8/10/99, Page 6
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Nelson stated they could keep the position as a placeholder. He requested
information on the impacts of next year's budget regarding revenue due to border
impacts, and the projection of the increase in the fees and the cost to the cities for
the warrants.
Brenner stated she also wanted to know the formula for calculating the costs
per day for keeping a prisoner.
Motion carried unanimously.
Dawson asked about part -time positions that may be available to correction
officers who work part time.
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #99-
85 TO THE LOWEST RESPONSIVE BIDDER, SAN JUAN ISLAND
SHUTTLE EXPRESS, FOR A FERRY CHARTER SERVICE TO BE USED
DURING THE ANNUAL DRY DOCK OF THE WHATCOM CHIEF, IN THE
AMOUNT OF $24,375 (AB99 -301)
Imhof moved to recommend approval.
Motion carried unanimously.
3. RESOLUTION ESTABLISHING HEARING AND NOTICE OF HEARING ON
SALE OF COUNTY TAX TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST NO. 99 -1 (AB99 -302)
Imhof moved to recommend approval.
Motion carried unanimously.
4. RESOLUTION ESTABLISHING HEARING AND NOTICE OF HEARING ON
SALE OF COUNTY TAX TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST NO. 99 -2 (AB99 -303)
Imhof moved to recommend approval.
Motion carried unanimously.
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND LINSLEY,
KRAEGER ASSOCIATES, LTD. FOR LOWER NOOKSACK RIVER
UNSTEADY FLOW MODEL DEVELOPMENT — PHASE 2, INCLUDING
COMPLETION OF THE MODEL DEVELOPMENT, CALIBRATION,
ALTERNATIVES ANALYSES FOR THE EVERSON -SUMAS OVERFLOW
CORRIDOR AND DOCUMENTATION, IN THE AMOUNT OF $233,800
WITH WHATCOM COUNTY'S SHARE IN THE AMOUNT OF $83,000
(AB99 -304)
Finance and Administrative Services Committee, 8/10/99, Page 7
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Dawson asked what the environmental benefits would be by completing this
project and the next project.
Jeff Monsen, Public Works Director, discussed the projects and stated the
purpose of the model was to deal with designing the river meander system,
overflow corridors, and addressing every other project scope they can image. It is
this model that will ultimately be used to test some of the potential solutions and
their impacts.
Nelson asked how they take into consideration on the model the air factor.
Monsen stated a model of this type is as good as the available data. It is a form of
model they will utilize in house. Every time they have a new piece of information,
the next use of the model is more easily accomplished and will be more accurate.
They are designing a model the County can use on an ongoing basis to test
alternatives.
Imhof moved to recommend approval.
Motion carried unanimously.
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
FLOOD CONTROL ACCOUNT ASSISTANCE PROGRAM (FCAAP) GRANT
AGREEMENT WITH THE DEPARTMENT OF ECOLOGY, AMENDING
CONSULTANT CONTRACT WITH LINSLEY, KRAEGER ASSOCIATED
LTD., TO COMPLETE PHASE 2 OF THE LOWER NOOKSACK RIVER
UNSTEADY FLOW MODEL DEVELOPMENT PROJECT, IN THE MAXIMUM
REVENUE AMOUNT OF $150,000 (AB99 -305)
Jeff Monsen stated this item was for the revenue of the above project.
Imhof moved to recommend approval.
Motion carried unanimously.
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
FINANCIAL ASSISTANCE AGREEMENT BETWEEN WHATCOM COUNTY
AND THE CITY OF BELLINGHAM TO PROVIDE SUPPORT FOR THE
COMMISSION AGAINST DOMESTIC VIOLENCE, IN THE AMOUNT OF
$26,000 (AB99 -306)
Imhof moved to recommend approval.
Hoag asked about funding for this item.
Chuck Benjamin, Health and Human Services Director, explained that the
County would contract for services to support the Domestic Violence Commission,
had already allocated its $26,000 share. This item is the revenue that will come
into the County. Item #8 is for the County to take the funding from the City and
the County, and allocate it and expend it. The next item is the same money as this
item.
Finance and Administrative Services Committee, 8/10/99, Page 8
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Nelson asked how the Commission holds harmless the City and the County.
Benjamin stated both jurisdictions are insuring their portions that they allocated.
There is language in the contract specifically to protect the County.
Nelson asked if the City is holding the County harmless, and vice versa.
Benjamin stated that is correct.
Motion carried unanimously.
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM COUNTY
CRISIS SERVICES, TO PROVIDE SUPPORT FOR THE COMMISSION
AGAINST DOMESTIC VIOLENCE, IN THE AMOUNT OF $47,100, WITH
FUNDING FROM THE COUNTY AT $23,550 (AB99 -307)
Imhof moved to recommend approval.
Motion carried unanimously.
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERAGENCY WORK ORDER FOR COUNTY SERVICES CONTRACT
BETWEEN WHATCOM COUNTY AND THE DEPARTMENT OF SOCIAL
AND HEALTH SERVICES DIVISION OF DEVELOPMENTAL
DISABILITIES TO PROVIDE SUPPORT SERVICES FOR
DEVELOPMENTAL DISABILITIES PROGRAM IN WHATCOM COUNTY, IN
THE MAXIMUM REVENUE AMOUNT OF $2,842,121 (AB99 -308)
Imhof moved to recommend approval.
Chuck Benjamin, Health and Human Services Director, stated it is also a 20%
increase over the last biennium. It also includes the .037% allowed for
administrative costs. This is for the complete biennium.
Motion carried unanimously.
ADJOURN
The meeting adjourned at 1:20 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Committee Chair
Finance and Administrative Services Committee, 8/10/99, Page 9