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WHATCOM COUNTY COUNCIL
Special Committee of the Whole
April 14, 2015
CALL TO ORDER
Council Chair Carl Weimer called the meeting to order at 3:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Pete Kremen, Ken Mann, Satpal Sidhu, Carl Weimer,
Rud Browne and Barry Buchanan.
Absent: None.
COMMITTEE DISCUSSION
I. EXECUTIVE LOUWS TO PRESENT ANOTHER UPDATE ON PROGRESS AND
DEVELOPMENTS OF THE NEW JAIL PROJECT (AB2015 -047C)
Jack Louws, County Executive, referenced the documents he emailed to the Council
earlier in the week (on file) and described his work with the Cities to develop the
agreement. Changes to the agreement include, in order:
1. Pooling the money to pay off the bond measure,
2. Taking care of capital maintenance needs of the facility,
3. Using the extra money to provide additional programming in the community
to reduce recidivism, and
4. Using any remainder over the years for future expansion of the facility.
The agreement has been further modified recently. He read the five changes from
the letter to the Cities dated April 10, 2015. Whatcom County cannot move forward with
authorization of the sales tax increase without a financial commitment from the Cities to pay
for a portion of the facility. The County needs that guaranteed financial commitment from
the Cities to bond for the complete project. Over the next month, he must get
commitments from the Cities. He has commitments from six of the seven mayors to move
this to their councils with a positive recommendation. He will meet with the Bellingham
Mayor tomorrow.
Today, he will present the information to the Council. No commitment or decision is
necessary today. In two weeks, he will return to the Council to begin discussing a decision.
Weimer referenced the first item in the letter to the Cities and asked if the amount
that would sunset is half the tax they're talking about. Louws stated it is one -half of the
tax.
Brenner asked how much tax the County is allowed to collect. Louws stated
legislation allows three percent. The County already enacted one percent. Two percent is
left available to go to the voters. Of that two percent, the agreement specifies that half of
it, which is 0.1 %, would sunset in 30 years, or before if the County pays off the bonds
early.
Special Committee of the Whole, 4/14/2015, Page 1
1 Brenner stated she knows the main concerns. The County needs a new jail. She
2 would like the County to show they are planning for robust mental health services
3 simultaneously. The Council hasn't been given information on that duel progress. Louws
4 stated he will give that information in more detail later today. The agreement before the
5 Council now pertains to the financial arrangement needed among the County and the Cities,
6 which will pay for the bonds necessary to finance this project. He's clearly heard that same
7 message from the community in the last few weeks. He shares the concerns. There are
8 ways, outside of this agreement, to augment existing services.
9
10 He submitted and read from a presentation (on file) regarding the Jail and Sheriff
11 headquarters proposal.
12
13 Kremen asked if the money received from the Cities in the amount of 40 percent is
14 exclusive of the per diem costs. Louws stated it is. Whether or not the Cities use the jail,
15 Whatcom County will get $1.766 million of that sales tax to make the bond payment. He
16 continued the presentation. He talked about the non - parties language in the agreement
17 with Lummi Chairman Ballew.
18
19 Brenner stated she heard the Lummis are going to build their own jail. Louws stated
20 they aren't tied to this agreement because they don't collect or pay sales tax. If they want
21 to build a new correctional facility, they can do that. If they do, the County would not need
22 to expand the jail facility as soon, which is included in the calculations. It doesn't inhibit the
23 County's ability to pay the bond cost. Currently, the Lummi Nation uses about seven
24 percent of the existing jail facility. In total, non - parties to the agreement currently use
25 about 15 percent of the existing facility. He anticipates that the non - parties to the
26 agreement will use about ten percent of the new jail facility. If they aren't going to use the
27 facility, it may change the size of the facility the County builds by a few beds, but it doesn't
28 make a substantial difference in the design. The Jail Planning Task Force recommends a
29 facility that has between 500 and 700 beds. The professionals said in the needs assessment
30 to build a facility that has 545 to 665 beds. If one of the parties decides to not use the
31 facility, it would have a minimal impact on the daily operation, but wouldn't put the County
32 in a financially difficult position. He continued the presentation on the tax projections.
33
34 Mann stated he thanks the Executive and his team for doing excellent work on this
35 complex project. He appreciates all the work they've done. He has concerns about it as a
36 criminal justice proposal, whether they're doing enough to reduce recidivism and
37 incarceration rates, treating the rampant mental health and drug addiction that lead people
38 to jail, and not having enough options for those people.
39
40 He asked if the maximum allowed bond length is 30 years, or if the bond length can
41 be longer. Louws stated any longer will stretch the reasonable payback cost. There is a
42 diminishing rate of return when extending the payback period. Going from 25 years to 30
43 years adds millions of dollars in interest payments. It is possible. His staff will find out the
44 cost - benefit ratio and talk to the bond consultant.
45
46 Mann asked what the County will do if the new jail project doesn't go forward and if
47 there is an alternative backup plan. Louws stated Whatcom County doesn't have the
48 financial capacity without voter approval to build a facility of the size needed to serve the
49 County and the cities. The County could build a smaller facility, but it won't serve
50 everyone's needs.
51
52 Bill Elfo, County Sheriff, stated he is obligated to ensure the safety of Whatcom
53 County citizens. The current facility is grossly inadequate. For moral, ethical, and legal
54 reasons, they can't continue to operate the existing jail at its current capacity. Changes in
55 State sentencing laws and how the criminally incompetent are treated at the State level will
Special Committee of the Whole, 4/14/2015, Page 2
result in a rise in the felon population. He recommends that the County prioritize what it is
legally responsible to do. They must accept all felony, misdemeanor, and gross
misdemeanor cases generated by the Sheriff's Office, the Washington State Patrol, and
other State law enforcement agencies located in Whatcom County for crimes committed in
the community. The County would assign a maximum jail capacity for the existing jail.
When that capacity is reached, he would recommend putting the Cities on notice and letting
the agreements with the Cities expire on December 31, 2015. The Cities will have to find
jail space in other locations. The County won't have another choice. Some of the other
counties are in the business of renting out jail space for profit, and the Score facility does
that as well. It would be challenging to shuttle pre -trial inmates back and forth. He would
do whatever he could to house people overnight if the current jail has capacity until they get
first appearance, but the Cities will have to shuttle them to another facility. He doesn't
know of another way to deal with that.
Also, he has serious concerns about the structural integrity of the building. He
described the structural defects of the Sheriff and jail facility, which include holes cut in
load- bearing walls that compromise its structural integrity. After the Nisqually earthquake,
the building suffered stress cracks that continue to grow. To ensure safety into the next
decade, they need a comprehensive evaluation of the facility. He's not willing to go back on
booking restrictions. He inherited those when he got here. The jail refused to accept
people who were wanted on warrants for failure to appear. They had people who were
wanted for 40 to 50 charges for not showing up in court. They can't go back to that. The
early release system of the judges is also not wise. He described a case in which an inmate
was let out on low bail and proceeded to shoot people in a robbery and shoot at the
deputies. That person ended up at Harborview Medical Center, and the County had a half
million dollar medical bill. There can't be a policy that lets dangerous people out into the
community. The County must save its jail space for those types of cases and ship out
misdemeanors. However, the County relies on the Cities and Tribes for a significant portion
of the jail operational revenue. The County will have to find a way to pay for those without
relying on the Cities.
Mann asked if the Sheriff would not go back to booking restrictions and would keep
the jail at the current population. Elfo stated no. He will not keep the current population.
If this new jail proposal doesn't move forward, he would bring down the population to a
proper safety level. They will also have to do retrofits and modifications to put a behavioral
health ward into the existing jail so they can isolate people rather than keeping them in the
booking area. He would lower the jail population to a manageable level, eliminate some
capacity by adding a behavioral health ward for appropriate evaluation and treatment in the
jail, and tell the Cities and Tribes that the County can no longer accept their misdemeanants
when the jail exceeds its maximum. The Cities can explore opportunities for using other jail
facilities that have surplus space or are in the business of renting out space, such as King
County or Yakima County. He does have a very specific fallback position.
Mann asked the general cost to do the alternative and repair the facility. Louws
stated they have not analyzed the alternative cost of retrofitting the existing facility. That
isn't the direction they want to move it. If it is the long -term direction, it will cost another
million dollars to look at it. All their effort has been on moving forward and looking to the
future. There isn't a revenue stream for the alternate backup plan. The Cities and Tribes
will have to pay a capital facilities charge for the day beds that the County can rent out. If
they lower the existing population of the jail by 40 or 50 people, it will adversely affect the
County's revenue. Because they won't be bringing in the low level offenders, it will also
impact the work crew and work release programs. He has not had a vision for putting
money into the existing facility. If the community decides the new jail plan won't happen,
the alternative will be costly and not for the greater good.
Special Committee of the Whole, 4/14/2015, Page 3
1 Mann stated he would like to have a general estimate of that cost. He will need that
2 information to advocate for the new jail proposal. Louws stated every major mechanical
3 system, except the electrical controls, needs replacement. That includes plumbing,
4 heating /ventilation /air conditioning (HVAC), the control units, door and lock retrofits, and a
5 remodel of the building for medical services. It may cost $10 million to $15 million and still
6 not be worth fixing.
7
8 Mann stated he's not advocating for anything. He's asking questions so he has a
9 range of options and context in which to make an immensely important decision. Louws
10 stated he doesn't have enough information to answer those questions right now.
11
12 Weimer stated there are agreements with the Cities now through the end of the
13 year. He asked if the County has to give the Cities notice if it will no longer accept their
14 inmates. Elfo stated the notice requirements are governed by State law, and there is an
15 arbitration process. For the small Cities, it would be a tremendous burden when they have
16 one officer on duty who has to drive an inmate to SeaTac to book someone into jail.
17
18 Buchanan asked for a side -by -side comparison of the County banked capacity and
19 the sales tax measure. Louws stated there is about $2.45 million of banked capacity that
20 the County could collect from taxpayers without a vote of the people, because the County
21 hasn't raised property taxes for 18 years. From the two - tenths of one percent (.2 %) sales
22 tax, they will collect $7.6 million in 2019. The bond payment is about $6.4 million. They
23 would be about $1 million short per year if the County collected all its banked capacity plus
24 one -tenth of a percent (.1 %) sales tax.
25
26 Brenner stated language is missing in the handout about the outcomes, return on
27 investment, or best practices for the triage facility services.
28
29 Ann Deacon, Health Department, stated the sentence should read, "Medicaid dollars
30 have recently contributed significantly more funds to operations, reducing our local financial
31 obligations." Now, they are thinking of contributing about $130,000 locally. In the past,
32 they've put in upwards of $400,000 to $500,000 per year. Medicaid contributions will help.
33
34 Brenner asked for clarification on the information about reducing arrests by 58
35 percent due to training for first responders. Deacon stated that if they assume 15 to 20
36 percent of the population is seriously mentally ill, it would be 58 percent of the 15 to 20
37 percent total mentally ill population. The 15 to 20 percent are typically high users of law
38 enforcement services, sometimes jail. The better the first responders get in managing
39 those situations, the less likely they are to get to jail. That comes from some research from
40 the Washington State institute.
41
42 Brenner stated she saw some of the reasons that people are jailed that made no
43 sense. She asked if the County is required to take misdemeanants from the Cities. Elfo
44 stated the County has a contractual obligation that has been in effect for 35 years to
45 provide them jail service. A Bellingham City Council member also wanted to know why they
46 book so many people in jail on these minor ordinance violations. The purpose is to highlight
47 that those are laws the councils have enacted or not repealed. When people don't show up
48 for court and a judge issues a warrant for their arrest, officers are required to arrest them
49 under the court order. The officer has no option in those situations.
50
51 Brenner stated that when people don't pay their taxes, the County disregards it after
52 a while. She was shocked that they're going to jail for things that are nonviolent and are
53 not a big deal. Elfo stated law enforcement doesn't decide those cases. The courts decide
54 who goes into jail. The judges determine that warrants must be issued because someone
55 has failed to meet their obligation to show up in court. They issue a warrant. He
Special Committee of the Whole, 4/14/2015, Page 4
1 understands the City is talking now about criminalizing a whole other class of offenses for
2 failing to respond to a civil summons. That has an impact. The judge issues a warrant.
3 The officers don't have discretion. They have to serve the warrant.
4
5 Brenner asked if the County and Cities can work together to reduce that number.
6 Elfo stated the Cities need to rework their codes if they don't want to put people in jail for
7 those offenses. Over 56 percent of the people are out within 24 hours. They see a judge,
8 and are released on their own recognizance or on a low bail. Some are dysfunctional' and
9 don't know how to keep court dates, and they do return frequently to the facility.
10
11 Regarding alternatives to building a new jail, they followed the plans of the jail
12 planning task force, which the Council approved. They don't have comprehensive plans in
13 place, but they have to think about that if this doesn't come to fruition.
14
15 Mann stated it's possible that the voters don't approve the measure, or something
16 else may keep this plan from working. They need to know what's going to happen.
17
18 Brenner stated she's never supported ballot measures on the primary ballot,
19 including this ballot measure. She asked the deadline for making a decision for the
20 November ballot.
21
22 Tyler Schroeder, Executive's Office, stated the deadline for the November ballot is
23 August 4.
24
25 Browne stated his committee discussed an issue this morning on Bennett Drive. If
26 someone sits down on one side of Bennett Drive in the city limits, they can get arrested. If
27 they sit down on the other side of Bennett Drive in the county, they won't get arrested
28 because it's not an offense. The legislative body of the City of Bellingham has created
29 offenses that law enforcement must enforce, and the courts will make their own decision.
30 Councilmember Mann's point is something they must consider. The County councilmembers
31 get a lot of letters from the voters who say they disagree with putting in a new jail, and tell
32 them to do something else. Options aren't being presented to the voters. It's difficult for
33 the voters to make a decision if they don't see what the alternatives are that have issues
34 such as having to move inmates to other areas. No one wants a small City to have to drive
35 an inmate to a facility in SeaTac for overnight and pick them up the following morning for a
36 court appearance. That is completely illogical for everybody. They have to work through
37 the potential alternatives. Work out what the capital costs and operating costs for those
38 alternatives are, such as moving long -term inmates out of County facilities or retaining the
39 existing Irongate facility, with the permission of the City of Bellingham, and using it as a
40 Sheriff's headquarters or for low risk offenders. The County must work through and
41 document those alternatives if they are going to have any hope that the voters feel like they
42 are making an informed decision.
43
44 He asked the Sheriff and Executive to respond and offer alternatives to a couple of
45 scenarios, to be upfront and anticipate what alternatives the citizens will put forward. If the
46 County can show it's thought those options out and determined the costs, the most logical
47 solution will emerge with support.
48
49 Kremen stated this is a monumental issue. Wasting any significant or appreciable
50 amount of money in the current jail is a very poor use of taxpayer dollars. He would never
51 support any modification or improvement to the current jail. It's time to get a new jail. The
52 judges, Public Defender, Prosecutor, Sheriff, and Executive are all correct. They need a new
53 jail. He would like to see a new jail. The ballot measure needs to be approved, or they
54 won't get a new jail. A proposal should be crafted with the help of all, including the Council
55 and community, that will work well for generations. It has to be approved by the voters.
Special Committee of the Whole, 4/14/2015, Page 5
1
2 He's hearing from constituents that they are given an all -or- nothing scenario. That's
3 not wise. People don't like to feel that they are put up against a wall. That's not the intent
4 of the administration or Sheriff, but that's the perception. They need to be mindful of that.
5 Time is running short, even if they opt for the general election in November. August 4 will
6 come soon. They need to be nimble and put a lot of effort into this, because there's a lot at
7 stake.
8
9 The presentation provided a lot of good, clear, useful information. They need more
10 of that as they craft this plan and get it out to the voters. They need to be candid.
11 Whatever goes before the voters also has to be cost - effective. The voters need to believe
12 that the County isn't spending more money than needed or isn't choosing the most
13 expensive option when it isn't needed. The proposal must include alternatives to
14 incarceration, treatment, and mental health. They must provide a full spectrum of services,
15 not just incarceration. The proposal they're talking about today appears to be more
16 incarceration - centric than he would like.
17
18 The economies of scale by consolidating the two existing facilities is valid. When the
19 County built that facility, it was built after telling the voters the County would sell the facility
20 and put the proceeds into the new jail. He's all for having a behavioral health focus, but
21 they can't say they are going to save money by expanding the existing Division Street
22 facility. It will cost money to run that, too. He will support 100 percent any proposal that
23 makes sense and accounts for all factors.
24
25 The Sheriff didn't mean to issue an ultimatum, but that's how it seems. That's the
26 way it may be perceived by the public, and the County will suffer the repercussions. He
27 doesn't recommend the ballot measure be on the August ballot.
28
29 Louws stated he would like to have the support of all the legislative bodies of
30 Whatcom County to move this agreement forward. He put a lot of effort into it. The
31 agreement is a financial document that the Cities and County will sign to build a new
32 correctional facility that includes 8,000 square feet of new medical space that they don't
33 have available now. It provides opportunity for the behavioral health specialists and
34 corrections officers to do their work.
35
36 He asks the Council for that support. If the Council can't support the agreement as it
37 is, he needs their help to identify what's lacking and what he needs to do to get the Council
38 to approve it. He can't read the minds of the 60 elected leaders throughout the county
39 about what it takes to get this approved. The Council, as a legislative body, needs to make
40 this work. The deadlines are coming up. If they don't make the primary ballot, get it out as
41 soon as possible so they have as much time as possible to articulate the need for this to the
42 community in time for the general election ballot in November.
43
44 The reason he hasn't wanted to answer the question of what happens if this doesn't
45 pass is because the alternatives are dire. There's no good way to articulate the problem the
46 County will have if it stays in the current facility for many more years. There are life safety
47 issues and corrective action is necessary. From a liability standpoint, they will need to
48 reduce the population. The consequences of that aren't good.
49
50 Now, he needs the Bellingham City Council, Whatcom County Council, and all the
51 City councils to tell him and the Sheriff what the challenges are regarding the agreement, so
52 he can find compromises and create a document ready for everyone's approval. Six of the
53 seven mayors are ready to move it forward to their councils and are satisfied they've done a
54 good job on the agreement. They've told him they will not let perfect stand in the way of
55 good. That's what he's asking of the Whatcom County Council. He asks that Council as a
Special Committee of the Whole, 4/14/2015, Page 6
whole tell him what needs to change. He will take those changes back to the Cities to find
out if they agree. He asked for clear direction on how to change it.
Weimer stated that's a fair request. He will wait to make a motion until the public
hearing this evening. First, the councilmembers are hearing the public ask why the County
doesn't just remodel the jail. The councilmembers are also hearing from the public that
Skagit County is building a 400 -bed jail for $60 million, and they want to know why the
Whatcom County proposal doesn't cost $75 million. He asked what is wrong with that
comparison. The councilmembers don't have a good answer to those questions, so they are
hoping the administration does.
Louws stated Skagit County is building a jail that will be at capacity and not have the
ability to expand, as the Whatcom County jail will do. The Skagit County jail will have one
pod with 400 prisoners. It allows seven different ways to segregate the male and female
populations within the seven cell blocks and one exercise area. Whatcom County is going to
a two -pod system that provides 12 different areas to segregate the populations among its
different classifications. Whatcom County has the additional cost of a second pod and has
more oversized space for the intake area, kitchen, laundry room, and medical space than
Skagit County plans to have. The property sizes are probably equivalent. He can create an
equal proposal, within about $5 million.
If the voters approve this, the County must review its space needs assumptions
regarding the support services for both the Sheriff and Corrections facilities. Now, based on
the estimates they have, this is the money the County needs to build its facility.
Skagit has a population of 127,000 and is building a 400 -bed facility. If Whatcom
County were to build a facility based on population at the same rate, the equivalent size
would be 703 beds, but they only plan to build 521 beds.
He trusts that the professionals know what they're doing. Whatcom County will have
a bit more ground work on this site because of soil conditions and preloading with gravel.
He can provide a more detailed explanation if requested.
Weimer stated they will have to explain that to the public at some point.
Kremen stated it's an excellent answer.
Weimer stated he would like more information on why they need to vote on this
sooner rather than later for financial reasons, at a cost of about $600,000 per month. He
asked the Executive to show his math for that logic. Louws stated it's about $480,000 per
month. They received a note from Liz Evans at the Association of General Contractors
today that contradicts his numbers a little bit, but she anticipates a 13 percent cost of
construction increase in the next four years. One hundred million dollars at 12 percent is
significant.
Time is also an issue to be onsite in the Spring of 2017 to do the site work through
the Spring and Summer of 2017. If they lose that window of opportunity and don't start
until the Fall of 2017, they might as well just start in 2018, which puts the opening date a
year beyond that. If it is on the ballot in August, he will have three more months for the bid
process.
He respects the philosophy that it needs to be on the general election ballot.
However, the ballots get sent to everyone at every election. They have the opportunity to
vote if they want. He's not too worried about it.
Special Committee of the Whole, 4/14/2015, Page 7
1 Weimer stated they are hearing from the community that there is a need for
2 behavioral health services in the jail and also outside the jail, to prevent people from ending
3 up in the jail. They've talked a lot about the triage center. It looks like the current proposal
4 delays the new triage center until the new jail is built, and they can sell the existing building
5 and recoup the money for the triage center. However, he would like to see how they can
6 move forward with the triage center concurrently. Possibly ask the local governments to
7 contribute more money up front with the promise of being reimbursed by the sale of the
8 triage center. Possibly bond some of the capacity the County has from the behavioral
9 health tax. The County has $3 million collected now. Figure out how they can put
10 something together that would generate money. He doesn't even have an estimate on the
11 cost of a triage facility. Find out how to add that into the new jail project so the County can
12 develop both facilities at the same time. Doing that would create a lot of support in the
13 community, if the community sees that the County is doing good things to keep people out
14 of jail while also building a new jail, which everyone agrees that the County needs.
15
16 Louws stated he is committed to continue the behavioral health program, which he's
17 articulated many times. They don't have to wait until 2020 or 2021 to do anything related
18 to the expansion of the behavioral health unit. The North Sound Mental Health Association
19 gave a presentation that indicated there may be additional money for programs in the five
20 county area. They'll know more about that in a few months. He can come up with the
21 financing to do that through the existing revenue streams. The challenge is within the jail
22 use agreement, which is to tie it as a function to the bonding of the facility. The County has
23 banked capacity, real estate excise tax (BEET) money, and the behavioral health sales tax
24 money of about $4.1 million per year. If the County wanted to bond the entire sales tax
25 money, they could do millions of dollars on that. Or, the County would be able to commit
26 $240,000 per year from the behavioral health sales tax, giving the County an additional $4
27 million to put with the existing $3 million for a facility. There are many options available if
28 they can take the time to do the analysis. The North Sound Mental Health Association
29 needs to do the analysis of all five counties to find out where the bed spaces go. If they
30 clear those hurdles, they have the ability to create a new triage facility. They have the
31 capacity to do it, but a lot of these options have come forward just in the last three or four
32 months. The documents have articulated that they want to do that. Now they must
33 convince the citizens that the County is motivated to make that happen. Getting all of
34 these things planned out and detailed to the point of creating a definitive timeline between
35 now and August 4 isn't likely.
36
37 Weimer stated spell out in writing their ability to do that and define the possibilities.
38 Through some kind of resolution, the Council may make a clear promise to the people of the
39 community that the County is moving forward.
40
41 Louws stated he is completely willing to do that. That is a great suggestion. It's
42 something they can put into a resolution, on behalf of the County Council and the County
43 Executive. He shares the desire to do more. They will craft it in a clear and concise way
44 that expresses the County's commitment to make that happen.
45
46 Weimer stated they could possibly get the cities to do the same thing.
47
48 Brenner stated the vote isn't going to pass without specific information on what the
49 County will do and the location of services for mental health. Leave the triage center where
50 it is and create pods for it, which will be legal. They could still get federal funding if each
51 one has 16 or fewer beds. She wants the new jail. If the County doesn't have a real
52 specific program in the resolution, it won't inspire much trust in the government.
53
54 Louws stated he would like his staff to work with Councilmember Weimer to write a
55 proposed resolution on behalf of the Council and Executive that may address the issue. As
Special Committee of the Whole, 4/14/2015, Page 8
1 much as he would like to have a specific program in the resolution, he isn't in a position to
2 articulate it to that level. Work with the behavioral health staff, Council, and administration
3 over the next few weeks.
4
5 Weimer stated he's glad to do that. It's better to make it appear as binding as
6 possible. They may even want to spend a little money to have someone such as a
7 professional contractor to talk about whether the existing facility is the best location.
8 Devote $50,000 or $100,000 to study the idea and get it in order.
9
10 Louws stated the agreement before the Council now allows for either option, to
11 expand the Irongate facility or put the proceeds from the sale of the Irongate property into
12 a new facility. They can also pre -buy a new facility, and sell the Irongate facility later
13 through interfund loans within County government. Many financing options are available.
14 The commitment is in the document that the dollars of that facility will remain with
15 behavioral health services in Whatcom County government. All the Cities in the county paid
16 for that facility, and it's the right thing to do.
17
18 Weimer stated he's looking for a further commitment that shows movement toward
19 implementation. Louws stated they can put a proposal together to come up with a needs
20 analysis and environmental impact statement regarding the need. The County will need
21 those analyses to be qualified for continued federal Medicaid and Medicare funds.
22
23 Elfo stated there is new legislation that takes effect April 1, 2016 that will allow law
24 enforcement to divert people with mental disorders from the criminal justice jail system to
25 triage centers or stabilization centers. It also sets up protocols and requires cooperation of
26 law enforcement and the Prosecuting Attorney's Office. He included this information in his
27 written comments for the public hearing at the evening meeting. It is something they
28 should incorporate into the discussion, the expansion of Revised Code of Washington (RCW)
29 Chapter 10.31 and other legislation.
30
31 Weimer stated the County has heard from the community that it must show clearly it
32 is moving in that direction. Elfo stated a committee was created several years ago that
33 included the Sheriff's Office, local law enforcement, the Prosecutor's Office, the Public
34 Defender, mental health community, and the Health Department, to come up with a
35 recommendation to establish a fully functional triage center. It was never funded because
36 the hospital withdrew its support to make it operational because of changes to its funding
37 schemes. It was exciting to hear Mr. Valentine talk about new resources that are available
38 to do that. He fully supports that. The Sheriff's Office will cooperate to do everything
39 possible to make that happen.
40
41 Mann stated the County Executive requested specific ideas and suggestions. He's
42 happy with some of the ideas they've heard today. The Council doesn't have the benefit of
43 full -time staff and consultants. They rely on their own personal time, research, members of
44 the community, and limited access to County staff. The Council isn't able to provide any
45 realistic suggestions with cost estimates and success rates. The Council may be able to
46 provide a list of ideas that it will hear at the public hearing tonight. Ideas so far include a
47 new triage center, getting another judge to move people through the system, and having a
48 staff person call people to remind them of their court appearances. Depending on the level
49 of specificity that the Executive wants from the Council, he doesn't know how good of a
50 revised working document it can provide. He's not yet advocating for a remodel of the
51 existing jail, but they should know what they're talking about. The Council doesn't have its
52 own resources to get good answers.
53
54 Louws stated he is trying to get support from eight legislative bodies. He needs clear
55 direction. They worked together for three years on this project. If the Council needs that
Special Committee of the Whole, 4/14/2015, Page 9
1 information to make a decision of whether or not the County needs a new jail, the
2 administration will provide what it can over the next couple of weeks. They can't do a full
3 study on the costs of bringing the existing facility up -to -date. There's no time. They may
4 have been able to do it through the EIS two years ago, but not now.
5
6 This is the financing agreement needed to go to the voters, so the County can get
7 the commitment needed from the Cities to pay for the bond. Anything the Council can give
8 him that isn't in that agreement would be appreciated. Everyone in the administration has
9 put forward their best effort. If the Council decides it's not good enough, without
10 articulating reasons why it's not good enough, it will be difficult to put something together.
11 Saying now that they want an additional million dollars of Whatcom County money to
12 pledge to behavioral health to be used as determined down the road, for example, is outside
13 the scope of this agreement. It could be handled through the resolution. He needs the
14 financial arrangements to get this going. If they continue to talk with the community and
15 tell this story, they will get a good response. The agreement isn't perfect, and they know
16 they have work to do, but this will get the jail built. Look at the agreement and do the best
17 possible. A vote against it without further direction will be challenging for the
18 administration to decide what it must do next.
19
20 Mann asked if the Executive feels he hasn't had direction from the Council or heard
21 its reasons and concerns. Louws stated the original proposal identifies the need to do more
22 in the community in terms of mental health. To get the agreement to this point, that has
23 been removed. Over the next 33 years, they will collect $360 million of sales tax from the
24 county, and the Cities will retain about $85 million for their use of the jail. The money isn't
25 there. The agreement has been modified. The County will either accept it or not.
26
27 Mann asked if Executive Louws feels like he hasn't heard reasons, concerns, or ideas
28 for improvement today. Louws stated he's heard there is a need and desire to make
29 improvements in the delivery of behavioral health and substance abuse services in Whatcom
30 County. He's committed to that. He doesn't believe there is capacity to do that in the
31 agreement regarding the .2% sales tax, as it will be allocated to the County and the Cities
32 in consultation with the bond consultants to guarantee the payment of $6.3 million. There
33 is capacity outside of that agreement, and they can make that happen. They can't put it in
34 the agreement to sell this to the bond holders.
35
36 Browne stated he appreciates the effort of the Executive, Sheriff, judges, and staff.
37 He agrees they need feedback from the Council. They have put a lot of work into this, and
38 have their best interests at heart. In his conversations with people, there is 90 percent
39 support for a new jail. There is also a 90 percent dissatisfaction with the U.S. criminal
40 justice system. People feel it's very inefficient and ineffective. There is 90 percent
41 confusion about the alternatives that were considered, as opposed to just building a newer
42 and bigger version of what the system currently has. He personally supports the need for a
43 new jail. He is one of that 90 percent that wants a new jail. At least one member of the
44 other legislative bodies is vocally opposed to the jail proposal in its current format. That
45 person's objections indicate he hasn't thought through or been aware of the alternatives
46 they've considered and the alternatives that the County is faced with if they don't do this.
47 The fundamental problem is one of the education about alternatives, including what the
48 County has considered and what happens if it doesn't build a new jail. That will make or
49 break what happens at the ballot box.
50
51 Louws stated he asks for the Council's support to allow the other legislative bodies
52 and all the mayors to do the best job possible with educating the people, given the time
53 they have left before the election. If it is held up here or with one of the other cities, they
54 will deprive the voters the opportunity to weigh in on it. He asked what to put in this
55 agreement to make that happen. He also wants to feel comfortable with signing a $100
Special Committee of the Whole, 4/14/2015, Page 10
1 million bond issue. Now, he's convinced on a financial level that this works. The mental
2 health providers are excited about the opportunity to take their jobs to the next level. He
3 would like the opportunity to convince the voters of the need for the new facility and what
4 they can accomplish by building it.
5
6 He is happy to do what he can to answer any questions over the next couple of
7 weeks. He will work with Councilmember Weimer and staff to get this on the agenda and
8 continue discussion in two weeks. Ultimately, he would like a decision about whether the
9 Council supports this agreement for the capital construction costs of this facility and to allow
10 the voters to weigh in. Concurrently, he will work on a resolution regarding mental health
11 and substance abuse issues and the County's commitment to move those initiatives forward
12 to the community.
13
14 Sidhu stated he's come into this process at the end. He's read a lot of materials to
15 help him understand. He noticed that everyone who has talked about this project is closed
16 to this issue. He toured the jail and has not met anyone who believes they don't need a
17 new jail. They need a new jail, but the work doesn't end there. He agrees with
18 Councilmember Mann that they need to know the cost to remodel the current jail. That
19 doesn't mean people would advocate for that option. It would be a waste of money to
20 remodel the current jail. However, they need to touch on the alternatives because the
21 community will ask these questions. The councilmembers are preparing themselves to
22 answer these questions. He knows there has been much deliberation to arrive at the
23 recommended jail size. They need to know if that's too big or too small. The cost of the
24 capital expense is only $6.5 million or $7 million dollars per year. The cost of operating the
25 jail is $16 million per year. Every dollar they spend on the bond creates $16 in bonding
26 capacity. Spending $6 million gets them $100 million. The biggest point is not about how
27 much money they can save on total capital cost now. They have not really looked at
28 whether they can save on operating costs. He would like to know if they've considered that.
29 Also, the medical facility and mental health facility are proposed for inside the jail and is
30 available after a person is booked into jail. The questions they've been asking is what
31 happens before someone is booked into jail and if they can divert people from jail before
32 ever coming to the jail. He asked if they are making an effort to accomplish that and
33 whether they can divert people before going to jail. For example, 15% of the jail population
34 is 75 people. That's what he means by considering alternates. People who have read these
35 documents and listened to the conversation know that the jail costs $122 million. The
36 County has not articulated what the savings are by building the Sheriff's Office next to the
37 jail and building it at the same time as the jail. Describe the reason for combining the
38 projects. People are also asking why the Sheriff needs offices that cost $20 million. They
39 will continue to ask those questions. Those are the questions that the councilmembers need
40 answers to. The proposal should include information dedicated to answering these
41 questions. These questions aren't recent. They have been asked for many years.
42 Agreement from the mayors doesn't guarantee success. He wants this bond to pass and to
43 build a new jail. They need a new jail. Allow the councilmembers to have the answers
44 when people ask them to explain this project.
45
46 Louws stated he will do what he can to answer these questions without
47 overextending their ability. Some of these questions they have heard for a long time.
48 Some questions are brand new. He did not anticipate these questions as they've worked
49 through the process the last three years. He should have anticipated that they needed to
50 do a full study of the existing facility as an alternative through the environmental impact
51 statement. The Council never discussed it or indicated that it was necessary during any of
52 the proceedings. He has some catching up to do. He appreciates the Council's time and
53 comments. He hopes to get this past the legislative bodies and to the voters this year.
54
Special Committee of the Whole, 4/14/2015, Page 11
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Brenner stated the triage facility has been brought up repeatedly. This isn't new.
Louws stated the original proposal to the Cities included the triage center. The Cities did
not accept the cost of it. The County does have other options.
Brenner stated the vote won't pass without it.
Browne stated the reason the Council is responding this way is because the issue is
getting closer to the election and more information is coming out, so the Council is hearing
more chatter and concerns from citizens. They all have to catch up at this point.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 5:00 p.m.
The Council approved these minutes on July 21, 2015.
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Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Special Committee of the Whole, 4/14/2015, Page 12