HomeMy WebLinkAboutFinance June 5 20121
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
WHATCOM COUNTY COUNCIL
Finance and Administrative Services Committee
June 5, 2012
CALL TO ORDER
Committee Chair Ken Mann called the meeting to order at 11:04 a.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL (11:04:28 AM)
Present: Ken Mann, Sam Crawford and Carl Weimer.
Absent: None.
Also Present: Barbara Brenner, Kathy Kershner, and Bill Knutzen.
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. PRESENTATION ON GATEWAY PACIFIC TERMINAL PROJECT PROCESS AND
RECOMMENDATIONS ON EIS SCOPING PHASE AND COMMUNICATION
PROTOCOL BETWEEN WHATCOM COUNTY PLANNING AND DEVELOPMENT, U.
S. ARMY CORPS OF ENGINEERS, WASHINGTON STATE DEPARTMENT OF
ECOLOGY AND CH2M HILL (AB2012 -068B)
Royce Buckingham, Prosecutor's Office, gave a staff report and stated he presents
the CH2M HILL contract. The County will be reimbursed the funds paid to the contractor.
Traditionally, contracts come forward when the County pays. This comes forward in the
interest of being open and inclusive. The scope of work is not for Council approval. It helps
staff determine the contract amount. The Council is to approve the fact of the contract and
the consultant.
Weimer asked if they are looking for Council approval. Buckingham stated they are.
Crawford asked if the Council can change the terms of the contract. Buckingham
stated the contract is created by staff and contracting agencies. They have reviewed and
made certain changes. It's not the Council's role to amend the contract, only to review and
approve the contract.
Knutzen asked if they are not adjusting the scope of work. Buckingham stated they
typically don't approve such a contract, and they are not expending any County funds. This
contract does not cost the County any money.
Knutzen asked what's allowable to discuss, given the Council's quasi - judicial role.
Buckingham stated their bias is not affected by deciding whether or not the County is in
good shape by contracting with this consultant and making sure that the County will be
reimbursed. Those are substantive issues that will bias the council in favor of or against a
particular project. The scope of work outlines substantive issues, which they don't want to
get into.
Finance and Administrative Services Committee, 6/5/2012, Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
Brenner stated she doesn't agree that the Council doesn't have a right to make
changes. This is about process, not product. The Council can't be involved in the product.
The product should not end up to be biased. Public agencies are part of this. Either the
Council has the authority for approval or not. It's important that the Council ensures the
contract itself is not biased toward anyone. Buckingham stated he agrees. The Council is
to make sure the contract document is appropriate.
Mann asked how much public input the County has received on this contract.
Buckingham stated contracting is a role of the Executive, and typically does not involve
other people. Agencies generally don't ask the public how they should put together a
contract. They're sharing it with the public so they can get input. This is a unique situation
to be open and inclusive.
Jack Louws, County Executive, asked the Council to allow Mr. Schroeder to give his
presentation, which may answer their questions.
Kremen asked for clarity on the selection of the contractor. There seems to be
uncertainty or misperceptions about who selected the contractor. He understands Whatcom
County, the Department of Ecology, and the Army Corps of Engineers jointly selected the
contractor.
Tyler Schroeder, Planning and Development Services Department, stated the
contractor was chosen by Whatcom County, the Department of Ecology, and the Army
Corps of Engineers jointly, and the applicant concurred. There are three contract
documents for Council review and one of those documents, the contract between the
County and CH2M HILL, is for Council approval.
Brenner stated she would like Mr. Schroeder to discuss both direct and indirect costs.
(11:20:11 AM)
Schroeder gave a staff report on the communication protocol agreement beginning
on Council packet page 18.
Weimer referenced items d. and e. of the communication protocol. He asked and
there was discussion of whether the meetings would be documented and become part of the
public record and about adding language to make it clear that information should be
available to the public record the same time it goes to the applicant.
Mann asked and there was discussion of whether people have to file a public
disclosure request to get copies of documents that have been sent to the applicant.
(11:28:20 AM)
Weimer stated and there was discussion of making all documents available to the
public. One of these contracts should say up front that the County is going to be as open
and fair as possible, and that any document submitted to the applicant should also be
submitted to the public.
Mann stated the administration is hearing concerns from councilmembers about
ensuring in writing that all parties be as open and transparent as possible, following all
public disclosure laws, and making documents available to the public on a web site.
Finance and Administrative Services Committee, 6/5/2012, Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
Louws stated he is committed to release everything they can within the public
disclosure laws on the public web site. It is in the County's best interest to do that.
Brenner stated and there was discussion of putting in writing the promise that the
administration will put everything on the website. Buckingham stated the administration
can make that promise separately and in writing, but it's not an agreement that belongs in
this contract. The administration has already committed to following public disclosure in an
earlier document.
Mann asked to receive a copy of the earlier document that includes the public
disclosure promise. He stated the councilmembers want to be more proactive than just
follow disclosure laws. The councilmembers would like any information that must be
disclosed to be proactively posted, published, disclosed, and transmitted to provide easy
access by the public.
Louws stated he will make a statement in an executive order that, on behalf of
Whatcom County, through this process, the County will be proactive in posting everything
that is publicly disclosable on the County website. His commitment has always been to be
as transparent as possible to both the Council and community on this issue. He doesn't
want to have to ask permission of Department of Ecology or other agencies to publicly
disclose documents. Whatcom County should take control of that commitment itself.
(11:37:32 AM)
Schroeder continued his presentation on the second document, the contract among
Whatcom County, Pacific International Terminals, and Burlington Northern Santa Fe (BNSF)
railroad for cost reimbursement, beginning on Council packet page 27. Section 2.4
addresses reimbursement for direct costs. The biggest concern expressed has been
regarding reimbursement of indirect costs.
Brenner stated and there was discussion of including language about reimbursement
of indirect costs.
Kremen asked and there was discussion of specific costs that the County will charge
the applicant, such as time spent on the project by the County Executive and the Health
Department.
Weimer stated and there was discussion of how the County should collect indirect
costs. He asked and there was discussion of:
• Whether there are other agreements that will reimburse the DOE and Army
Corps of Engineers.
• Whether the other co -leads continue work if the fund falls below a certain
level, as referenced in section 3.1.
• Whether changes to the scope of work would immediately become public
information, as referenced in section 3.6.
Schroeder continued his presentation on the third document, the contract between
Whatcom County and CH2M HILL, beginning on Council packet page 38. Issues that have
come up regarding this contract are regarding the conflict of interest language in section
36.2. He submitted changes made to that section (on file).
Weimer referenced section 36.2 and asked and there was discussion about amended
language regarding potential contractual relationships with the applicant on other projects.
Finance and Administrative Services Committee, 6/5/2012, Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
Kremen referenced 36.2 and asked and there discussion of how far into the future
the contractor is limited in its contractual relationship with the other parties. Also, amend
the third bullet point in section 36.2 to be more respectful of the tribes.
(12:07:24 PM)
Brenner suggested language to amend section 36.2, "The prime contractor, CH2M
HILL Inc., has no current or pending contracts of any type, nor will they engage in future
contracting with PIT or BNSF in the joint applicants' proposed project." Schroeder stated he
agrees with the suggested language.
Weimer asked and there was discussion of whether the request for proposal (RFP)
process reviewed past work between the contractor and one of the applicant companies.
Louws stated the administration asks for approval of the money aspect and proposed
changes to the conflict of interest section.
Schroeder continued his presentation on the third document. The scope of work may
change slightly as they move forward.
Mann asked and there was discussion of whether the Council would approve any
changes to the scope of work and the 60 -day or 120 -day scooping period.
Brenner stated and there was discussion of including language that specifically
indicates a scoping period of 120 days.
Kremen stated the County administration should specify a longer- than - normal
process of 120 days, given the enormity and ramifications of this project.
Louws stated he requests that the Council approve the dollar expenditure of
$961,000, including the contract with amendments regarding conflict of interest and
consideration of a time extension to 120 days. He appreciates the community's comments.
Regarding contracts like this, it's difficult to please everyone. He has an obligation to the
landowner to get this process done. According to legal counsel, County Planning staff, the
Army Corps of Engineers, and DOE, this is a good roadmap for moving forward. He trusts
that the staff will do a good job. The money is pass- through. The schedule is flexible to
allow everyone an opportunity to comment.
(12:24:02 PM)
Crawford moved to recommend approval to the full Council of the contract
document between Whatcom County and CH2M HILL, beginning on Council packet page 37,
including amendments discussed to section 36.2 regarding conflict of interest.
Weimer stated he doesn't understand how they can approve the contract without
considering the scope of work. He can't support approval until he gets questions answered
to his questions regarding scope of work. He also cannot support this contract until the
other contracts address indirect costs.
Mann stated he's not comfortable approving the contract until he sees the changes
regarding conflict of interest. Get the process right first. He can't recommend approval as
presented.
Finance and Administrative Services Committee, 6/5/2012, Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
The motion failed by the following vote:
Ayes: Crawford (1)
Nays: Mann and Weimer (2)
COUNCIL "CONSENT AGENDA" ITEMS
1. REVIEW AND APPROVAL OF AMENDED MEMORANDUM OF AGREEMENT
REGARDING THE PREPARATION OF A VESSEL TRAFFIC STUDY AS REQUIRED
BY THE GATEWAY PACIFIC TERMINAL SETTLEMENT AGREEMENT (AB2012-
179) (12:28:10 PM)
Crawford moved to recommend approval to the full Council. He asked and there
was discussion of how the parties of record are designated.
Tyler Schroeder, Planning and Development Services Department, answered
questions.
The motion carried by the following vote:
Ayes: Mann, Crawford and Weimer (3)
Nays: None (0)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND FIRE
PROTECTION DISTRICT #11 TO UTILIZE THE COUNTY EMS FUND TO
PROVIDE A 20% FMA GRANT MATCH FOR THE PURCHASE OF NEW AND
STANDARDIZED GURNEYS, IN THE AMOUNT OF $48,000 (AB2012 -180)
(12:29:51 PM)
Weimer moved to recommend approval to the full Council.
The following people answered questions:
• Jack Louws, County Executive
• Duncan MacLean, Fire District 11
The motion carried by the following vote:
Ayes: Mann, Crawford and Weimer (3)
Nays: None (0)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
LAND LICENSE AGREEMENT BETWEEN WHATCOM COUNTY AND ROB
RIENSTRA OF BACKYARD BEES, LLC TO ALLOW ACCESS ONTO A PORTION OF
COUNTY PROPERTY FOR PLACEMENT AND SERVICING OF BEE HIVES
(AB2012 -181) (12 :32 :02 PM)
Weimer moved to recommend approval to the full Council.
The motion carried by the following vote:
Ayes: Mann, Crawford and Weimer (3)
Nays: None (0)
Finance and Administrative Services Committee, 6/5/2012, Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AGRICULTURAL LICENSE AGREEMENT WITH COLDSTREAM FARM, LLC FOR
ACCESS AND REMOVAL OF HAY ON THE SOUTH FORK COUNTY PARK -
GALBRAITH FARM PARCEL (AB2012 -182) (12:32:24 PM)
Crawford moved to recommend approval to the full Council. He asked if they will
continue to harvest hay when the parking lot is developed.
Mike McFarland, Parks and Recreation Department Director, answered questions.
The motion carried by the following vote:
Ayes: Mann, Crawford and Weimer (3)
Nays: None (0)
5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AMENDMENT TO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND
WASHINGTON STATE DEPARTMENT OF ECOLOGY — NORTHWEST STRAITS
PROJECT TO EXTEND THE PERFORMANCE PERIOD TO JUNE 30, 2013, AND
ADD AN ADDITIONAL AMOUNT OF $70,000 TO THE AGREEMENT, FOR A
TOTAL AMENDED AMOUNT OF $106,500 (AB2012 -183) (12:33:14 PM)
Crawford moved to recommend approval to the full Council.
The motion carried by the following vote:
Ayes: Mann, Crawford and Weimer (3)
Nays: None (0)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN WHATCOM COUNTY AND
SKAGIT COUNTY TO PROVIDE MUTUAL ASSISTANCE OF LABOR, EQUIPMENT,
OR MATERIALS ON MINOR PROJECTS ON A REIMBURSABLE BASIS FOR
ROAD MAINTENANCE ACTIVITIES THROUGH DECEMBER 31, 2015 (AB2012-
184) (12 :33:43 PM)
Weimer moved to recommend approval to the full Council.
The motion carried by the following vote:
Ayes: Mann, Crawford and Weimer (3)
Nays: None (0)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL LOAN AND GRANT AGREEMENT BETWEEN WHATCOM COUNTY
AND THE CITY OF EVERSON, UTILIZING EDI PROGRAM FUNDING FOR USE
TOWARD THE CITY OF EVERSON PHASE 3 MISSION ROAD IMPROVEMENTS
PROJECT, IN THE AMOUNT OF $499,350 (AB2012 -185) (12 :34 :12 PM)
Crawford moved to recommend approval to the full Council.
The motion carried by the following vote:
Ayes: Mann, Crawford and Weimer (3)
Nays: None (0)
Finance and Administrative Services Committee, 6/5/2012, Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
8. RESOLUTION AMENDING CRP NO. 912002 AND REQUESTING APPROVAL FOR
THE COUNTY EXECUTIVE TO AWARD A CONSTRUCTION CONTRACT TO THE
LOW BIDDER, WHATCOM BUILDERS, INC. FOR THE HANNEGAN ROAD
STRUCTURAL OVERLAY, SCOTT DITCH BRIDGE TO LYNDEN CITY LIMITS, IN
THE AMOUNT OF $463,720 (AB2012 -186) (12:34:38 PM)
Crawford moved to recommend approval to the full Council.
The motion carried by the following vote:
Ayes: Mann, Crawford and Weimer (3)
Nays: None (0)
9. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AWARD BID
#11 -21 FOR PAINTING OF THREE STRUCTURES ON THE ROEDER HOME
PROPERTY TO THE LOW BIDDER, HENEFIN CONSTRUCTION LLC, IN THE
AMOUNT OF $41,306 (AB2012 -187) (12:35:13 PM)
past.
Mann moved to recommend approval to the full Council.
Mike McFarland, Parks and Recreation Department Director, answered questions
Crawford asked and there was discussion of what happened with this request in the
Weimer asked and there was discussion of whether this includes the Roeder Home.
The motion carried by the following vote:
Ayes: Mann, Crawford and Weimer (3)
Nays: None (0)
10. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ACCEPT ALL BIDS FOR
ANNUAL SUPPLY OF QUARRY ROCK, GRAVEL AND OTHER MATERIALS FOR
USE AS NEEDED FOR VARIOUS COUNTY MAINTENANCE PROJECTS, AND
SELECT THE APPROPRIATE VENDOR AS DICTATED BY THE SPECIAL
CIRCUMSTANCES OF EACH PARTICULAR JOB, IN AN AMOUNT TO EXCEED
$35,000 (AB2012 -188) (12:36:44 PM)
Crawford moved to recommend approval to the full Council.
The motion carried by the following vote:
Ayes: Mann, Crawford and Weimer (3)
Nays: None (0)
OTHER BUSINESS
There was no other business.
Finance and Administrative Services Committee, 6/5/2012, Page 7
1
2
3
4
5
6
7
8
9
1
1
i
i
1
ADJOURN
The meeting adjourned at 12:37 p.m.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council&o.w hatcom .wa.us
Finance and Administrative Services Committee, 6/5/2012, Page 8