The Whatcom County Council's Criminal Justice and Public Safety Committee convened at 1:05 PM on January 28, 2025, for a brief but substantive session focused entirely on the county's ambitious justice center project. Committee Chair Barry Buchanan presided over the hybrid meeting with fellow committee members Tyler Byrd and Jon Scanlon present, while other council members including Kaylee Galloway and Todd Donovan joined as observers.
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Full Meeting Narrative
## Meeting Overview
The Whatcom County Council's Criminal Justice and Public Safety Committee convened at 1:05 PM on January 28, 2025, for a brief but substantive session focused entirely on the county's ambitious justice center project. Committee Chair Barry Buchanan presided over the hybrid meeting with fellow committee members Tyler Byrd and Jon Scanlon present, while other council members including Kaylee Galloway and Todd Donovan joined as observers.
The sole agenda item was a presentation about the scope of work and contract for an owner's representative for the justice center—a critical step in advancing what represents one of the most significant capital projects in Whatcom County's recent history. With an original budget of $155 million and a complex mandate that includes both jail facilities and behavioral health services, the project has reached a point where outside expertise is essential to navigate the technical and political challenges ahead.
## Selecting Expert Guidance for a Complex Project
Rob Ney, the county's Facilities Director, opened the presentation by explaining why the county needed to break from its usual practice of handling project management internally. "Due to the size and the scale and complexity of a project like this, nobody on my staff has that expertise for a jail," Ney told the committee. The county was seeking "a partner that has that expertise and not only incarceration, but also behavioral health."
After conducting a formal Request for Qualifications process that drew four strong proposals, the county's selection committee—which included a council member—unanimously chose STV, a firm with extensive experience in justice and behavioral health facilities. "We overwhelmingly selected STV," Ney reported, emphasizing their proven track record and expertise with the state's Project Review Committee, which must approve alternative delivery methods for public projects.
The decision to use a "progressive design build" approach rather than the traditional "design bid build" method represented a significant shift in how the county would manage this project. This methodology brings the contractor onto the team early in the process, potentially reducing costs and timeline risks, but it requires special approval from state oversight bodies.
## Financial Pressures and Political Promises
The presentation quickly turned to more challenging terrain when Executive Office staff member Kayla Schott-Bresler addressed questions about project financing and the political commitments embedded in the voter-approved sales tax measure. The discussion revealed mounting pressure around a critical deadline: under the interlocal agreement with participating cities, 50% of the sales tax revenue must be directed toward services rather than capital costs by mid-2030.
Council Member Donovan pressed for clarity on this timeline, noting that the "clock started" in July 2024 when sales tax collections began. With the county still working to determine final project costs, questions arose about whether the original $155 million budget would prove sufficient. "We had plans to issue bonds. We didn't issue bonds. I don't know why it's taking this long to have a needs assessment," Donovan observed, highlighting delays in the project timeline.
Schott-Bresler acknowledged the complexity, explaining that "how much we spend on the project is a council decision" but that they would be meeting with bond advisors PFM in two weeks to discuss fiscal options. She indicated that even if costs escalated to $175 million, the 50-50 split between capital and services could still be achieved—though it would require extending the cities' financial commitments beyond the originally planned 54 months.
## Two Buildings, One Vision
Clarification emerged about the project's physical scope during questioning from Council Member Donovan. Rather than a single facility, the justice center will consist of "two buildings"—the jail itself and a co-located behavioral care center designed as "a prosecutorial diversion facility" for low-level felonies. This structure reflects the voters' understanding of what they approved, though significant work remains to define the operational model for the behavioral health component.
Tyler Byrd raised an important procurement question about whether the project would be sourced as one comprehensive undertaking or broken into smaller pieces. Ney indicated the county's preference for smaller contracts that would be more attractive to local contractors, noting that "the bondability for that could limit a lot of our contractor pool" if the entire project were bid as one massive contract. However, he emphasized that design work must be completed first to determine how the project might be segmented.
## The STV Team's Approach
Ashley McLaren and Adam Johnson from STV provided the committee with an overview of their firm's extensive experience—over 500 justice and behavioral health facilities across 40 states—and outlined their specific approach to this project. McLaren, who has recent experience working in Whatcom County with both Lynden School District and Bellingham Public Schools, emphasized the critical importance of community engagement and stakeholder alignment.
"We feel like that's a big component of this work and highly important," McLaren explained, describing how she would focus on ensuring council members "have everything you need to make informed decisions in a timely manner." Johnson, the project manager, highlighted his background on public projects in Snohomish and King counties, including recent work on the Mount Vernon Library Commons.
The STV team outlined three primary areas of focus: supporting informed decision-making through organized communication plans; driving project success by defining scope, schedule, and budget; and building the right project team through strategic procurement. They emphasized their role in preparing for the Project Review Committee presentation while ensuring all stakeholders remain aligned throughout the process.
## Engagement and Communication Strategy
When pressed about their community engagement approach, particularly regarding the Mount Vernon Library Commons project, Johnson described facilitating visioning exercises and conceptual design work with multiple stakeholder groups, then transitioning to more traditional project management during construction. McLaren expanded on this, explaining that communication strategies should be tailored to each project's needs and stakeholder requirements.
"Every public entity, you want to look at your constituents and see what they require," McLaren said, describing options ranging from passive communication through websites and surveys to active engagement through workshops and meetings. She emphasized the importance of meeting people "where they already meet" rather than creating additional burdens on community members.
## A Packed Schedule Cuts Short
The presentation concluded abruptly as Committee Chair Buchanan noted the packed schedule ahead, with the Committee of the Whole meeting waiting. The brief 32-minute session had covered substantial ground, but clearly much more discussion lies ahead as the county works through the complex financial, technical, and political challenges surrounding this major public investment.
## What's Ahead
The justice center project now enters a critical phase with STV providing owner's representative services to guide the county through design development, budget refinement, and contractor selection. Key milestones include the needs assessment work expected by summer's end, ongoing negotiations with partner cities about financing timelines, and the crucial Project Review Committee presentation required for alternative delivery method approval.
The meeting highlighted the delicate balance the county must strike between delivering on voter promises for both facility construction and expanded services while managing escalating costs and complex intergovernmental agreements. With the sales tax revenue clock ticking toward the 2030 deadline for the promised 50-50 split, every decision in the coming months will carry heightened significance for both the project's success and the county's credibility with voters and partner jurisdictions.
As the committee adjourned at 1:37 PM, the stage was set for what promises to be an intensive period of planning, negotiation, and decision-making that will determine whether Whatcom County can deliver on one of the most ambitious public projects in its history.
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### Meeting Overview
The Whatcom County Council Criminal Justice and Public Safety Committee met on January 28, 2025, to discuss hiring an owner's representative for the Justice Center project. The committee received presentations from county staff and STV, the selected firm, about the scope of work for managing this complex jail and behavioral health facility construction project.
### Key Terms and Concepts
**Owner's Representative:** An outside expert hired to represent the county's interests and manage a construction project when the project is too complex or specialized for regular county staff to handle alone.
**Progressive Design Build:** A construction delivery method where the contractor is brought onto the team early in the design process, rather than after design is complete, allowing for better collaboration and cost control.
**Project Review Committee (PRC):** A state-level committee that must approve alternative delivery methods for public construction projects that differ from the standard design-bid-build process.
**Interlocal Agreement:** The legal agreement between Whatcom County and participating cities that governs how sales tax revenue from the justice levy will be used and distributed.
**Behavioral Health Care Center:** A co-located facility planned alongside the jail that would provide prosecutorial diversion services for low-level felonies as an alternative to incarceration.
**Prosecutorial Diversion:** A program that allows eligible offenders to receive treatment or services instead of going to jail, typically for non-violent or low-level crimes.
**Bondability:** The financial capacity of a contractor to obtain the performance and payment bonds required for large public construction projects.
**Sales Tax Levy:** The voter-approved sales tax increase that funds the Justice Center project, which began collecting revenue in July 2024.
### Key People at This Meeting
| Name | Role / Affiliation |
|---|---|
| Barry Buchanan | Committee Chair |
| Tyler Byrd | Council Member, Committee Member |
| Jon Scanlon | Council Member, Committee Member |
| Kayla Schott-Bresler | Executive's Office |
| Rob Ney | Administrative Services Department, Facilities Director |
| Ashley McClaran | STV, Principal-In-Charge/Engagement Lead |
| Adam Johnson | STV, Project Manager |
| Chris Herb | County Special Projects Manager (absent but mentioned) |
### Background Context
This Justice Center project represents one of the largest and most complex construction projects Whatcom County has ever undertaken. The original budget was $155 million, funded through a voter-approved sales tax levy that began collecting revenue in July 2024. The project involves building both a new jail and a co-located behavioral health facility designed to provide alternatives to incarceration.
The complexity stems from several factors: the specialized nature of correctional facility design, the integration of behavioral health services, the scale of the investment, and the intricate financing agreement between the county and participating cities. Under the interlocal agreement, 50% of the levy revenue must go toward services (rather than just jail operations) by mid-2030, creating pressure to manage both capital costs and operational planning carefully.
County staff recognized they lacked the specialized expertise needed to manage such a project, leading to the decision to hire an owner's representative. This represents a departure from typical county practice where facilities staff manage projects directly.
### What Happened — The Short Version
County Facilities Director Rob Ney explained why the county needs an owner's representative for the Justice Center project, emphasizing the complexity and specialized nature of jail construction. The county conducted a competitive selection process and chose STV, a firm with extensive experience in justice and behavioral health facilities.
STV representatives Ashley McClaran and Adam Johnson presented their approach, focusing on stakeholder alignment, informed decision-making, and project success. They outlined their team's expertise and explained how they would help the county navigate the progressive design-build process.
Council members asked several pointed questions about project financing, timeline concerns, and whether promises made to voters about dedicating 50% of revenue to services by 2030 can be met. Staff acknowledged ongoing negotiations with cities about potentially extending funding commitments if capital costs exceed initial projections.
The discussion revealed tension between controlling capital costs and meeting the timeline commitments in the interlocal agreement with cities. No formal action was taken, as this was an informational discussion.
### What to Watch Next
- Detailed budget discussions with PFM (the county's bonding advisors) scheduled for two weeks after this meeting
- Completion of an independent jail capacity needs assessment by summer 2025
- Project Review Committee presentation to gain approval for the alternative delivery method
- Ongoing negotiations with cities about potential extension of funding commitments
- Development of final cost estimates over the next several months
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**Q:** What is the original budget for the Justice Center project?
**A:** $155 million, though final cost estimates are still being developed.
**Q:** When did the sales tax levy for the Justice Center begin collecting revenue?
**A:** July 2024, which started the 54-month clock for city funding commitments.
**Q:** What construction delivery method is the county using for this project?
**A:** Progressive design build, where the contractor joins the team early in design rather than after design completion.
**Q:** Who is the county's Facilities Director overseeing this project?
**A:** Rob Ney from the Administrative Services Department.
**Q:** What firm was selected as the owner's representative?
**A:** STV, chosen from four proposals after a competitive selection process.
**Q:** How many justice and behavioral health facilities has STV completed?
**A:** Over 500 facilities in 40 different states.
**Q:** What percentage of levy revenue must go to services rather than jail operations by 2030?
**A:** 50% of the revenue must fund services by mid-2030 under the interlocal agreement.
**Q:** What are the two main components of the Justice Center project?
**A:** A jail facility and a co-located behavioral health care center for prosecutorial diversion.
**Q:** Who are the two main STV team members for this project?
**A:** Ashley McClaran (engagement lead) and Adam Johnson (project manager).
**Q:** What state-level approval does the county need for this delivery method?
**A:** Approval from the Project Review Committee (PRC) to use alternative delivery instead of design-bid-build.
**Q:** What role does Chris Herb play in this project?
**A:** He is the county's special projects manager dedicated 100% to the Justice Center project.
**Q:** When must total capital costs be determined according to the interlocal agreement?
**A:** By 2026, according to the agreement with participating cities.
**Q:** What recent project did STV's Adam Johnson work on locally?
**A:** The Mount Vernon Library Commons building project.
**Q:** What is the county's goal regarding local contractor participation?
**A:** To break the project into smaller pieces to make it more attractive to local contractors.
**Q:** When does the committee expect to receive the jail capacity needs assessment?
**A:** By the end of summer 2025.
**Q:** What entity advises the county on bonding for this project?
**A:** PFM, with discussions scheduled to begin two weeks after this meeting.
**Q:** Which council member participated in the STV selection process?
**A:** Council Member Buchanan was part of the selection committee.
**Q:** What is prosecutorial diversion?
**A:** A program allowing eligible offenders to receive treatment instead of jail, typically for low-level felonies.
**Q:** What challenge does project bondability create?
**A:** Large projects may limit the pool of contractors who can obtain required performance bonds.
**Q:** How long is the initial city funding commitment under the interlocal agreement?
**A:** 54 months from when sales tax collections began in July 2024.
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