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Home My WebLink Aboutres2015-037WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015 278 CLEARANCES Initial Date Date Received in Council 9ff ce Agenda Date - Assigned to: Originator: 9/16/2015 9/29/2015 Council Division Head: Dept. Head: Prosecutor Purchasing /Budget: Executive: TITLE OF DOCUMENT. Res to Request Exec. To Negotiate with B'ham for Jail Facility Use Agrrmnt ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) To Request the Executive to contunue to negotiate with the City of Bellingham a new long term Jail Facility Use Agreement under the following guidelines outlined in the Resolution COMMITTEE ACTION.• COUNCIL ACTION: 9/29/2015: Executive presented and there was discussion 9/15/2015: Introduced 7 -0 during Executive Reports (See also 9/29/2015: Substitute (corrected scrivener errors) AB2015 -047N) Approved 6 -1, Mann opposed, Res. 2015 -037 Related County Contract #: Related File Numbers: Ordinance or Resolution AB2015 -047N Number: Res. 2015 -037 I Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us /council. PROPOSED BY: BROW NE INTRODUCTION DATE: SEPTEMBER 15, 2015 RESOLUTION NO. 2015 -037 REQUESTING THE COUNTY EXECUTIVE CONTINUE TO NEGOTIATE WITH THE CITY OF BELLINGHAM ON A NEW LONG TERM JAIL FACILITY USE AGREEMENT (JFUA) WHILE THE VOTERS CONSIDER BALLOT PROPOSITION NO. 1, JAIL FACILITIES SALES AND USE TAX WHEREAS, Whatcom County and the City of Bellingham (the "Parties ") have been working to address the community's long term jail needs and the County believes that they have reached consensus on many of the key issues, such as: • There are safety issues with the existing jail and it is critical that it be replaced. • Our jail needs mental health beds and inmate programming space that can only be provided within a new facility. • Financing the new jail will require a new source of funds. • We need to maintain a separate behavioral-health triage center. • We wish to incorporate the recommendations of the Incarceration Prevention and Reduction Task Force (IPRTF) as facilities and funding allow but recognize their initial report will not be available until early 2016 with the final report due in 2017. • We recognize that the most time critical priority for everyone is to secure voter support for the 2015 Ballot Proposition because it will provide the funding for a safer jail that includes space and support for inmate programs and mental health needs. WHEREAS, The City of Bellingham has identified several areas that it feels need further negotiation, including: • The size and cost of Phase 1 of the new jail that Bellingham will fund. • Enhanced prevention, diversion and treatment programs. • Allocation of the Parties' respective contributions to the capital project and operations costs. • Separation of capital and operational funding needs. • Each Party's ongoing access to facility and programs. • Preservation of each Party's ability to meet its ongoing public safety needs. WHEREAS, Whatcom County and the City of Bellingham recognize that there simply is not enough time left to negotiate these important issues before the sales tax Ballot Proposition to fund the jail is presented to the citizens for a vote on November 3rd, 2015. WHEREAS, Whatcom County and the City of Bellingham recognize that there are some questions that cannot be answered until after the Incarceration Prevention and Reduction Task Force has presented its findings to the community. With the initial report not scheduled until early 2016 and the final report due in 2017. NOW, THEREFORE, BE IT RESOLVED, that the Whatcom County Council requests the County Executive to work with the City of Bellingham with these guidelines during the negotiations; 1. If the voters approve the new sales tax, the City and the County should establish separate internal funds to receive the proceeds and accrued interest from the sales tax and to not expend any of the revenue prior to JFUA negotiations are concluded 2. If the new JFUA negotiations succeed, all collected and future revenue from the Ballot Proposition will be distributed in accordance with the new JFUA. 3. Once the new JFUA has been established, the funds available for additional crisis intervention, triage services, incarceration prevention and reduction programs can be determined. This will allow the IPRTF to present detailed recommendations along backed by identified funding to the Parties. All implemented programs would include a method of performance measurement reporting to be provided in advance of each annual review meeting involving all Parties. 4. If the new JFUA negotiations fail, the Parties would then be free to pursue their own individual jail facility and incarceration prevention options and collect the sales tax revenue in accordance with RCW 82.14.450 and the provisions of the Ballot Proposition and further, the County will negotiate in good faith a transitional agreement with the City of Bellingham to continue to provide jail services with the understanding that the County's first obligation is their statutorily mandated jail services and those provided other parties that have entered into a JFUA with the County. NOW, THEREFORE, BE IT F U RT H E R RESOLVED, that the Whatcom County Council requests the County Executive to continue to negotiate in good faith a new long term Jail Facility Use Agreement with the City of Bellingham, while the voters consider the ballot proposition. This negotiation will require the County to obtain legislative approval from the small city partners per the current JFUA related to new jail construction. The negotiations of the proposed new JFUA with the City of Bellingham must be concluded no later than January 31st, 2016, to ensure that construction of the new jail is not delayed a year or more. ��}1111111�11, ;-", OROV, k6 this- ?tl' day of September ATTE 'gyp �0\3 +t,�� l � r� r • Dana "$rover ter RR � Counci APPR E61ASM0tF6M: `- t_ _ -' 1 - 6 /Civil Deputy Prosecutor 2015. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair