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📋 Public Health & Safety Committee

📅 January 28, 2025
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Meeting Summary

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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Study Guide

### 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 ---