HomeMy WebLinkAboutFinance September 9 20031
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
WHATCOM COUNTY COUNCIL
Finance and Administrative Services Committee
September 9, 2003
The meeting was called to order at 11:00 a.m. by Committee Chair Sam
Crawford in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
L. Ward Nelson None
Sharon Roy
Also Present:
Barbara Brenner
Laurie Caskey- Schreiber
Dan McShane
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. ORDINANCE AMENDING THE 2003 BUDGET, 9T" REQUEST (AB2003-
287)
Crawford asked if the grants are fully funded.
Dewey Desler, Deputy Administrator, stated there is no net effect to the
general fund.
Crawford asked that staff from the Sheriff's Office uses the County's
standard budget request format, including funding source and background
information, in the future.
Roy stated the language in Section 2, Description of Activity, is confusing.
The project is about decreasing education and looking at drinking and driving.
Jeff Parks, Chief Criminal Deputy, stated these are the project descriptions
that were carried forward from the State. The grant has been in place in the Health
Department for the last few years. Most of these programs in the state are done
through sheriffs offices. He was finally able to transfer the program to Whatcom
County's Sheriff's Office.
Roy asked if the money can go elsewhere, or is earmarked for this program.
The statistics are confusing. The first sentence in the first secion on page 12 is
confusing.
Nelson stated percentages, not actual numbers, were given. He asked for
clarifications on what the percentages represent. He asked how they are supposed
Finance and Administrative Services Committee, 9/9/2003, Page 1
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
to measure the effectiveness of the program. He asked the budget amount they
are approving.
Parks stated the grant requires a three -to -one match. It is a two -year
program for $65,750. The position was increased to a .85 full -time equivalent
(FTE). While at the Health Department, the position was about half that. The
person was having trouble meeting the goals and putting in the time on the project.
About $5,000 had to be returned in the past. He wanted to expand this person's
hours and bring the position into the Sheriff's Office to eliminate work redundancy
with the traffic safety deputies. This grant proposal was already a work -in- progress
when it was transferred from the Health Department to the Sheriff's Office. As a
part of the process, he met with the State representative, who indicated the Traffic
Safety Commission had an increase in funds, so Whatcom County could increase
the position.
Nelson asked if $210,000 of the project cost is already in the budget. Parks
stated it is.
Nelson stated the outcomes are unclear. He can't measure anything. Parks
stated this is a countywide program. It involves more than the Sheriff's Office,
including multiple agencies in the county. The coordinator manages activities
countywide and through multiple agencies. They have to go with the reporting and
numbers that they've already been using. He can provide further clarification. It's
boilerplate language from the State.
Brenner stated the language is confusing. It's a good program and she'll
support it. However, this is sloppily put together. Parks stated that when the State
sends out the grant materials to the local coordinator, the coordinator jumps
through the State's hoops to put out the program description, which has to be
acceptable to the State.
Brenner stated the paperwork doesn't tell the councilmembers anything.
Parks stated he apologized. They took the grant over mid - stream. He had to take
what was already done. He didn't have an opportunity to scrutinize the paperwork.
He appreciated the Council's feedback. They can make the measurables more
defined.
Roy asked if this program works. She asked if the coordinator facilitates the
agencies getting together. Parks stated this person acts as a coordinator and
liaison amongst all the traffic safety projects. The bulk of the activities will be
coordinated through the Sheriff's Office. The person sets up all activities for the
Traffic Safety Team, writes six or seven grants, and provides services and
activities. This position takes away some of the work of the Sheriff deputies. This
person does not just facilitate meetings. There are actual activities and services
being coordinated.
Finance and Administrative Services Committee, 9/9/2003, Page 2
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Nelson asked if there are people in the community who are not aware of the
consequences of impaired driving, speeding, and reckless driving. Parks stated he
thinks there is. People may not know overall the legal consequences. It is a
message that constantly has to be put out there. Enforcement studies show that
the minute they stop doing speed enforcement or de- prioritize drunk driving or
seatbelt usage, the numbers of people complying start to fall.
Nelson asked if the Sheriff's Office will be sure to comply with items four and
ten regarding certification and assurance. Parks stated absolutely.
Brenner asked to see statistics that show seatbelt usage goes down when
they stop talking about it. Insurance companies won't cover people who aren't
wearing seatbelts. Seatbelt use has more to do with being a habit. Parks stated
that practice by insurance companies used to be illegal.
Roy stated she would like to see as much money as possible in the Sheriff's
Office spent on deputies in the field. The Council wants to be reassured that this
program makes a difference. You have to educate to a point, before the hammer
comes down.
Nelson moved to recommend approval to the full Council, with the
recommendation that these come forward in accordance with County's policies and
procedures for format.
Motion carried unanimously,
COUNCIL "CONSENT AGENDA" ITEM
1. REQUEST COUNCIL APPROVAL TO MAKE PAYMENT TO SKAGIT
COUNTY FOR CHIP SEAL WORK PERFORMED ON BAKER LAKE ROAD
WHICH EXCEEDED THE MAXIMUM ALLOWABLE DOLLAR VALUE
UNDER COUNTY PURCHASING CODE, NOT TO EXCEED $62,006.84
(AB2003 -292)
Nelson moved to recommend approval to the full Council.
Crawford asked who gets the claim if chip sealing work creates damage to
cars.
Mike Roberts, Assistant County Road Engineer, stated he would have to
defer that question to legal counsel.
Crawford asked if Whatcom County has done this with Skagit County before.
Roberts stated it has.
Finance and Administrative Services Committee, 9/9/2003, Page 3
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Brenner stated that even though the cost went over what it was supposed
to, the work still would have cost less than what it would have cost if the County
did the work. She asked if the $62,000 is how much over budget they went, or is
the full cost. Roberts stated they thought it would cost $62,000 altogether.
Interlocal work is non - competitive.
Brenner stated that if it is over $35,000, it was supposed to come to the
Council. Mr. Roberts was so apologetic that it made her feel better. She feels
reassured that it won't happen again.
Caskey- Schreiber asked if the recent increase in oil prices will bring the cost
above the five percent mark. Roberts stated they have locked in the price.
Motion carried unanimously.
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #03-
57 TO THE LOWEST RESPONSIVE BIDDER, BOSMAN FUELS, FOR THE
ANNUAL PURCHASE OF FUEL DELIVERED TO THE CENTRAL SHOP,
WHATCOM CHIEF, AND PARKS & RECREATION IN THE APPROXIMATE
ANNUAL AMOUNT OF $241,031.30 (AB2003 -293)
Nelson moved to recommend approval to the full Council.
Motion carried unanimously.
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #03-
59 TO THE LOWEST RESPONSIVE BIDDER, WESTERN POWER &
EQUIPMENT CO., FOR THE PURCHASE OF A REPLACEMENT TRUCK
MOUNTED DITCHING MACHINE IN THE AMOUNT OF $217,449.90
(AB2003 -294)
Nelson moved to recommend approval to the full Council.
Crawford asked if this is a budgeted item.
Nelson stated it is.
Brenner asked if there are private contractors who offer this service and how
often they use this machine.
Mike Roberts, Assistant County Road Engineer, stated the grade -alls are
used for ditching and emergency response. It is one of the core programs at
Maintenance and Operations (M &O). He doesn't have information on the hours that
it is used. The County has a total of four grade -alls. This is a newer model with a
thumb. The telescoping boom is a lot sturdier. It is about 15 years old.
Nelson stated the number of hours it is used is more important.
Finance and Administrative Services Committee, 9/9/2003, Page 4
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Motion carried unanimously.
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #03-
61 TO THE LOWEST RESPONSIVE BIDDER, DIEHL FORD, FOR THE
PURCHASE OF TWO REPLACEMENT TRUCKS IN THE AMOUNT OF
$41,703.06 (AB2003 -295)
Roy moved to recommend approval to the full Council.
Caskey- Schreiber stated this is an example of being able to buy locally
because of Whatcom County's low sales tax rate. Keep that in mind.
Motion carried unanimously.
McShane stated governments often desire to buy locally. He asked if they
are allowed to take into consideration the impact of taxes on some purchases.
Dewey Desler, Deputy Administrator, stated they can take it into
consideration, but it still has to be the lowest bid.
McShane asked if there is some kind of multiplier for the benefit of
purchasing locally. Desler stated there isn't.
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #03-
65 TO THE LOWEST RESPONSIVE BIDDER, VALLEY FREIGHTLINER,
FOR THE PURCHASE OF A REPLACEMENT DIESEL TRUCK IN THE
AMOUNT OF $81,358.22 (AB2003 -296)
Nelson moved to recommend approval to the full Council.
Brenner stated this truck only has 151,000 miles. It is a diesel and an
International. That is low miles. Diesel dump trucks can go hundreds of thousands
of miles. This request seems extravagant.
Mary Green, Equipment Rental Division Manager, stated the truck has a lot
of idle time. It moves slowly down the road from tree to tree. It is a chip truck.
The new truck is more specialized with higher capacity. It also has a winch and a
crane. The idle time has put more wear and tear on the old vehicle and costs more
money than it should for this mileage.
Brenner stated she has talked to contractors and was told that is how a lot of
trucks operate. She asked what they are going to do with the truck. Green stated
she would surplus the truck.
slow.
Brenner stated she would not support the request. Most dump trucks go
Finance and Administrative Services Committee, 9/9/2003, Page 5
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Roy stated the new truck has improved technology. She asked if the new
truck would carry more or make the employees work more efficiently.
Mike Roberts, Assistant County Road Engineer, described how chipping
works. There is a bigger box to carry more chips before going to the dump. It
should save fuel and employee time. They want to wear out the cranes, not the
employees.
Nelson asked if this is fully funded from the Equipment Rental and Revolve
(ER &R) fund. Green stated the funds are available. They have collected the funds
through the ER &R fund.
Brenner stated there's no need for the Council if they decide based on the
funds being already there. Revenues are going down. At some point, the Council
should show that they are being really frugal with County expenditures.
Motion carried unanimous /y.
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BROWN AND
CALDWELL, ONE OF TWO ON -CALL MODELING ASSISTANCE
AGREEMENTS, TO PROVIDE ON -CALL ASSISTANCE TO RIVER AND
FLOOD STAFF AS NEEDED IN REVISING AND RUNNING THE LOWER
NOOKSACK RIVER HYDRAULIC MODEL TO EVALUATE ALTERNATIVE
FLOOD CONTROL PROJECTS IN THE AMOUNT OF $100,000 (AB2003-
297)
Paula Cooper, River and Flood Division Manager, stated the next two items
are for two on -call consulting agreements to perform the transition between
creating the hydraulic model and begin applying to projects in the plan. It will
consider the impacts of various options.
Nelson moved to recommend approval to the full Council of this item and
Consent Agenda item seven. He asked if they have done this upriver from Deming.
Cooper stated they have not. The Flood District wants to focus on the area
downriver from Deming.
Brenner stated using the flood fund is illegal. Everyone knows it.
Roy stated this is what the flood fund is for.
Brenner stated the way the flood fee is set up is illegal. A fee is for a
service.
Caskey- Schreiber stated they should figure that out before they make
statements about it publicly. She understood something else.
Finance and Administrative Services Committee, 9/9/2003, Page 6
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Nelson stated that flood fee issue is not related to this item.
Brenner stated the fee is illegal. If the fee was constructed right, so the
people who contribute the most to the problem pay that share of the fee, they
would prioritize differently. There is plenty of money in the account because of the
way it was created, but that's not a fair way to create a fee.
Roy stated there are issues about the fee, but it is in the hands of County
attorneys and administration. It's a dangerous precedent for the councilmembers
to determine and say it's illegal. She doesn't know that it is illegal. She has to
take the departments and administration's word on the fact that they've worked it
through the process. It's in the hands of other people.
Brenner stated she appreciates that they shouldn't just say it, but she's been
saying it for a long time. The Council shouldn't fund these programs until they
create a genuine fee system.
Nelson stated he understands that the fee is of a legal nature, and still
recommends approval.
Motion carried unanimously.
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST
HYDRAULIC CONSULTANTS, ONE OF TWO ON -CALL MODELING
ASSISTANCE AGREEMENTS, TO PROVIDE ON -CALL ASSISTANCE TO
RIVER AND FLOOD STAFF AS NEEDED IN REVISING AND RUNNING
THE LOWER NOOKSACK RIVER HYDRAULIC MODEL TO EVALUATE
ALTERNATIVE FLOOD CONTROL PROJECTS IN THE AMOUNT OF
$100,000 (AB2003 -298)
See item six, above.
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
"MULTI- JURISDICTIONAL NARCOTICS TASK FORCE PROGRAM
CONTRACT" BETWEEN WHATCOM COUNTY SHERIFF'S OFFICE AND
THE WASHINGTON STATE DEPARTMENT OF COMMUNITY, TRADE AND
ECONOMIC DEVELOPMENT FOR THE CONTINUING NARCOTICS
EFFORTS AND PROSECUTION ASSISTANCE OF THE NORTHWEST
REGIONAL DRUG TASK FORCE, IN THE AMOUNT OF $118,056
(AB2003 -299)
Nelson stated he is concerned about the special conditions. It seems they
are forcing the criminal justice side into manufacturing increased cases that are
prosecutable and increase the value collected. He's not sure that's what the public
wants them to do. He asked how they justify that type of condition.
Finance and Administrative Services Committee, 9/9/2003, Page 7
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Steve DeFries, Lieutenant /Operations, stated those conditions come from the
State, which approves the grant. One condition from the State Department of
Community, Trade, and Economic Development (CTED) was to have two local
agencies, in addition to the Sheriff's Office, which is the lead agency. That will be a
condition to renew next year. This year they are good. They need to come up to
speed on all the conditions over the year.
Nelson stated a condition is that they have to significantly improve reported
prosecutorial case outcomes to 85 percent. He asked what's going on with that,
and who determines the 85 percent. DeFries stated the actual percentage is more
like 89 percent. Their data collection is different from the Sheriff's Office.
Nelson stated the Sheriff's Office is agreeing with the CTED numbers. He
asked why they would want to do this. DeFries stated he has met with CTED to
reconcile those numbers. The actual numbers are quite a bit higher than what
CTED is reporting.
Nelson stated the Council should not approve the request until the
agreement on numbers is in writing. He asked about forfeiture action conditions.
DeFries stated Whatcom County meets that requirement. CTED accepts the
numbers the County presented at the meeting last week.
Jeff Parks, Chief Criminal Deputy, stated the Sheriff's Office complies with
the CTED requirements. The meeting last week with CTED was to agree on the
numbers. There were errors on CTED's part and a misinterpretation of the
statistics. The meeting was late last week, and a letter about agreement of the
numbers is on its way. Whatcom County is in no way under the standards stated.
Nelson stated the agreement sends the message to the public that they have
to meet a quota. The quota is bothering him. He doesn't like the contract
language at all. They should look at and evaluate how well this contract is working.
That is how the language should be worded. The way the contract is worded now
sounds like the deputies will knock on doors until they reach their quota. He asked
if there is a way to change the language in the contract to eliminate the quota
requirement. DeFries stated he interprets the language differently. The State is
asking for the percentages of the cases to meet the State's levels. If the County
deputies only arrest five people, the State expects that a percentage of those five
people to be prosecuted.
(Clerk's Note: End of tape one, side A.)
Nelson stated he doesn't like the language saying they must meet the
percentages. Parks stated the percentage is based on what they are already out
there doing. Once they initiate an arrest, there needs to be a percentage on follow -
through and conviction rate. It's more about outcomes and performance rates.
Finance and Administrative Services Committee, 9/9/2003, Page 8
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Crawford asked Lt. DeFries to request a letter of clarification from CTED.
Roy stated the language about improving the upper -level violator arrest
percentage. That sounds like it is asking the County to arrest more people of a
certain level. That makes her uncomfortable. She asked if there would be pressure
to move someone from a less serious offense to a more serious offense. DeFries
stated the State views the mission of the Task Force being on mid- to upper -level
drug dealers. He agrees with the mission statement, however a mid- to upper -level
drug dealer in Whatcom County is different than a mid- to upper -level drug dealer
in Seattle. Those Whatcom County levels don't meet the State's definition.
Roy stated she doesn't want the County to ease up on the small dealers in
favor of the bigger dealers. She asked if there is an educational and treatment
component of the task force. DeFries stated this specific grant is for law
enforcement. There are other grants and programs for those things.
Brenner stated there are a lot of people who have small amounts for their
personal use. She wants them treated, not prosecuted. She won't support this.
They need to have treatment built into this program.
Caskey- Schreiber stated those small users aren't counted in the numbers for
this program. She's most concerned about the prosecutorial rate the State
requires. That brings in another department that the Sheriff has no control over.
She asked how that is guaranteed. DeFries stated the numbers the State is
working with are not accurate. They have to get the data from the Prosecutor's
Office about what was prosecuted and the results. Dave McEachran was part of
that meeting with CTED and understands the importance of getting that data to the
Sheriff's Office.
Caskey- Schreiber stated she doesn't want the process to shift focus to totally
achieve their desired outcomes. DeFries stated nothing will change in the way they
do business. It is a matter of how they do the reporting and data collection.
Caskey- Schreiber stated her biggest concern was that they wouldn't bring
forward a case they didn't think they could win. DeFries stated they wouldn't even
make the arrest.
McShane asked if there was discussion about the differences in what is
considered small dealers and mid- to upper -level dealers. He asked how they
would achieve the change in percentage from eleven to 51 percent. DeFries stated
it's an argument they've had with CTED and federal agencies for years. They have
a very difficult time getting them to tailor those violator levels to the community
rather than to a federal or statewide standards. They can extrapolate some of
those numbers out. If they arrest a guy who is dealing small amounts
continuously, they can upgrade his violator level class. CTED agreed to that.
Finance and Administrative Services Committee, 9/9/2003, Page 9
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
McShane stated the amount is $118,000 this year. He asked if that amount
has been level over the years. DeFries stated it has been fairly stable. It has
dropped off minimally from year to year.
McShane stated the County's match is $614, 985. That is more than enough
match for the grant. He asked if there are other grant monies in that match
money. DeFries stated there is not.
Dewey Desler, Deputy Administrator, stated the administration is talking
about reducing the required match they have to document. The State or federal
government is not correct about setting standards for Whatcom County. The
Sheriff's Office has a better handle on what they need to do in Whatcom County
than the people in Olympia and Washington D.C. While they like to see measurable
performance standards that they agree. However, he objects to people in Olympia
and Washington D.C. who think they know better than Whatcom County about
what Whatcom County needs. The County's problems with methamphetamine are
more significant than other parts of the nation. He supports the Sheriff's Office
negotiating the standards that really respond to the problems in the local
community. He wants to help do that. However, he also wants this grant.
Nelson moved to hold in committee for two weeks to work on contract
language changes.
Desler stated the administration and Sheriff's Office will work on clarification
and getting more information from the State.
McShane stated that law enforcement focus on getting the bigger drug
dealer can even be harmful to a community. That happened in this community.
Outside law enforcement agencies allowed people to do things for a long time that
they should not have been doing. There was no gain to the local community.
Motion carried unanimously.
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND ENTRANCO FOR
COMPLETION OF THE STRUCTURAL DESIGN IN CONJUNCTION WITH
THE LAKE WHATCOM BOULEVARD - AUSTIN CREEK BRIDGE NO. 116
REPLACEMENT PROJECT IN THE AMOUNT OF $81,898.53 (AB2003-
300)
Nelson moved to recommend approval to the full Council. He asked if this
includes modifications they talked about for pedestrians.
Joe Rutan, County Road Engineer, stated it does.
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Caskey- Schreiber stated the scope of work clearly says there are no
sidewalks. Rutan stated they are not proposing sidewalks, but to widen the
shoulder, which will match with the widened Lake Whatcom Boulevard.
Caskey- Schreiber stated the community really demanded sidewalks. She
asked for the reason they are not going to install sidewalks. Rutan stated this area
does not warrant sidewalks, per design standards. The cost associated with
widening is very expensive in that area. They looked at different options with the
Council earlier. The Council chose the widened shoulder option.
Brenner stated the lots in the Sudden Valley community are much smaller
than the lots where sidewalks went in on another project in the county. The road
standards clearly said that a lot size of one acre or denser, sidewalks can be
appropriate. That is the condition in Sudden Valley. The roads are narrow and
windy. Sidewalks are appropriate in Sudden Valley.
Nelson stated the Sudden Valley community was concerned about the
danger of walking on the roads. This is an improvement. As they look at other
road construction projects, they can review those proposals for sidewalks.
Roy asked if they are going to be like enhanced shoulders that are
appropriate for bicyclers and pedestrians. Rutan stated they will be eight -foot wide
paved shoulders on each side. This option was discussed with the Sudden Valley
Community Association, and they support the design.
McShane asked if this road was going to be widened anyway. Rutan stated it
was. They are proposing to pull the bridge portion of the project from Rocky Road
to Lake Louise Boulevard out of the total project and deal with it now. The rest of
the project will be done in a couple of years. They would have widened the bridge
anyway, during the regular project.
Crawford stated the hourly rates for Entranco seem low.
Motion carried unanimously,
10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT RENEWAL OF THE HEALTHY CHOICES FOR GIRLS GRANT
THROUGH THE GOVERNOR'S JUVENILE JUSTICE ADVISORY
COMMITTEE, BETWEEN WHATCOM COUNTY AND THE WHATCOM
DISPUTE RESOLUTION CENTER IN THE AMOUNT OF $46,748 OF
WHICH WHATCOM COUNTY WILL RECEIVE $3,255 IN INDIRECT
COSTS (AB2003 -301)
Nelson moved to recommend approval to the full Council.
Motion carried unanimously.
Finance and Administrative Services Committee, 9/9/2003, Page 11
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11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND ACCELA FOR
IMPLEMENTATION OF SOFTWARE UPGRADE TO PLANNING AND
DEVELOPMENT'S PERMIT PLAN TRACKING SYSTEM IN THE AMOUNT
OF $18,200 (AB2003 -302)
Nelson moved to recommend approval to the full Council.
Motion carried unanimously.
12. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
LAND USE ALLIANCE AGREEMENT BETWEEN WHATCOM COUNTY AND
CROWN PACIFIC GRANTING PARKS & RECREATION USE OF
PROPERTY FOR A TRAIL (AB2003 -303)
Nelson moved to recommend approval to the full Council.
Motion carried unanimously.
13. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
COOPERATIVE AGREEMENT WITH USDA /NATURAL RESOURCE
CONSERVATION SERVICE FOR THE RECEIPT OF FUNDS FOR THE
PURCHASE OF DEVELOPMENT RIGHTS PROGRAM IN THE AMOUNT OF
$73,500 (AB2003 -304)
Roy moved to recommend approval to the full Council.
Kraig Olason, Senior Planner, stated there is a correction of the amount from
$73,500 to $271,792. The USDA notified him yesterday that there is more money
available.
Roy amended her motion to include the correct amount of $271,792.
Nelson asked if the landowners are made aware of the federal government's
reserved rights. Olason stated the federal government reserves the rights to enter
back into the agreement if Whatcom County fails to administer the agreement
correctly. The landowners are aware of the rights. Also part to this is the Land
Trust, which reviewed this and authorized it with a signature.
Nelson asked if the federal government would be involved in any other
changes according to the rights. Olason stated the County would have to
coordinate with the federal government on any changes. The federal government
is a party to this. He is continuing to negotiate with the federal government on the
easement, which he will bring to the Council. Getting this appropriation doesn't
mean they will spend the money yet. They are still obligated to get agreement
from all parties to act on it.
Finance and Administrative Services Committee, 9/9/2003, Page 12
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Roy asked if there are issues about tailoring the agreement to Whatcom
County, she would like the staff to come to the Council and administration for
support. She doesn't want to end up with an agreement that is okay with the
federal government, but not okay locally. Olason stated they do a lot of negotiation
back and forth with the federal government, which is difficult. They consider
whether or not the discrepancy is bad enough to give the money back.
Caskey- Schreiber stated the funds shall not pay for more than 50 percent of
the appraised fair market value. She asked if the excess funds will go to the next
applicants. She asked if Holtz will have to agree to the federal requirements.
Olason stated that is correct.
Motion carried unanimously.
14. RESOLUTION TO ELECT EXPENDITURES OF NATIONAL FOREST
RELATED SAFETY -NET PAYMENTS UNDER P.L. 106 -393 (AB2003 -305)
Dewey Desler, Deputy Administrator, stated the administration recommends
that 100 percent of the funds go to the Title II program. The County still has funds
available in the Title III fund. The amount is about $400,000.
McShane stated they are spending some of the money on the jail work crew.
He asked if there has been any effort to set aside some of the Title III funding for
easement purchases. They have a new land acquisition position. Desler stated
that function is one of the many things they can do with the Title III allocation. He
will provide more information on the plans for the balance of the Title III money.
Roy moved to recommend approval to the full Council.
Motion carried unanimously.
15. RESOLUTION AUTHORIZING APPLICATION FOR FUNDING
ASSISTANCE FOR A FIREARMS AND ARCHERY RANGE RECREATION
(FARR) PROGRAM PROJECT TO THE INTERAGENCY COMMITTEE FOR
OUTDOOR RECREATION (IAC) AS PROVIDED IN CHAPTER 79A.25.210
RCW (AB2003 -306)
Nelson moved to recommend approval to the full Council. He asked why
the money is coming out of the parks Department when the object is containment
for the law enforcement training.
Mike McFarlane, Parks and Recreation Director, stated he is also looking for
some law enforcement funds. The range is also used by the public and operated by
the Parks Department.
Nelson stated the County bought a containment wall that was supposed to
protect against all small arms fire. McFarlane stated that was for the indoor range.
Finance and Administrative Services Committee, 9/9/2003, Page 13
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This is for the outdoor range. Before, there was a natural buffer around the range
that was not developed. Now the area has been logged and there is some
residential development occurring. This containment wall is on the side of the
range. In some of the law enforcement training, it's possible to have a projectile
leaving the site of the range. That can't occur with public use, but it could occur
with specialized law enforcement training.
Nelson stated the containment wall is primarily for law enforcement use. He
asked if there is a contract that agrees to provide the wall. McFarlane stated there
is a contract for use of the facility.
Dewey Desler, Deputy Administrator, stated law enforcement agencies pay
modest amounts. If the County raises the amount for the use of the facility, the
County Sheriff's Office amount will also be raised.
Roy stated she's concerned that the Parks Department is paying for
something that should come out of the law enforcement funding, even though law
enforcement funding is stretched right now.
Nelson asked if they are required to have range officers. McFarlane stated
there is supervised training, but if an accident occurs, the protection measure is not
in place. This is to protect public safety.
Roy asked how often the public uses this for recreation. She asked why this
is coming out of the Parks Department. McFarlane stated he doesn't have that
information, but will get it.
Desler stated the Parks Department has gotten grant funds that requires a
County match.
McShane stated the Parks Department has spent money already on the
design of the wall.
Motion carried unanimously.
16. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY
PUBLIC AUCTION, REQUEST #06 -03 (AB2003 -307)
Nelson moved to recommend approval of Consent Agenda items 16, 17,
and 18.
Motion carried unanimously.
17. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY
PUBLIC AUCTION, REQUEST #07 -03 (AB2003 -308)
See Consent Agenda item 16.
Finance and Administrative Services Committee, 9/9/2003, Page 14
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18. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY
PUBLIC AUCTION, REQUEST #08 -03 (AB2003 -310)
See Consent Agenda item 16.
OTHER BUSINESS
Dewey Desler, Deputy Administrator, stated there is a Community
Development Block Grant (CDBG) program for the Birch Bay area. Some of those
grants are required to be on the Washington Community Economic Revitalization
Team (WA -CERT) list. However, WA -CERT doesn't require advance review. There
will be a proposal from the community group to have the County add it as an
applicant. Whatcom County becomes the body that has to administer the program.
There was a reason why the County decided not to be involved with the
CDBG program. The administration has tried to be more assertive about using the
funds recently, but they are the most onerous and bureaucratic in any government
system he's ever experienced. The County is using CDBG funds in some programs.
They may be able to overcome the concerns in the future. He asked the Council to
consider the administrative response for a $750,000 grant that the County is not
geared for. It is not free money. There is a significant cost to the County.
(Clerk's Note: End of tape one, side 8.)
Roy asked if they are looking at other options. She heard that this option
keeps it from being an obligatory sign -up for the citizens. Desler stated he hasn't
looked at other funding options so far. There are other potential areas of funding.
Some options are low- interest loans. There are questions that deserve Council
review. Other potential projects will come up. The Council will eventually have to
decide which application it will put forward.
Roy stated one issue is of priorities. Getting septic systems off of Birch Bay
is a high priority. The process and how the grants go is another issue.
Desler stated the administration has been working on elements of a County
jail. There will be a memo about it soon. There are certain public properties that
the County can acquire quite easily. Access to private property can take much
longer. The City of Bellingham has property it was going to subsidize and provide
to Walton Beverage, to keep that business in town. The administration talked with
the City about using that site as a potential jail. The City administration was very
cooperative. In the meantime, he found out that there is no location in the City of
Bellingham that is zoned to allow a County jail. The City administration realized it
needs to help the County. Given the State law, there is only one opportunity per
year to change zoning.
Finance and Administrative Services Committee, 9/9/2003, Page 15
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Caskey- Schreiber stated they could change the zone as an emergency any
time during the year.
Desler stated that is correct. The City administration agreed to be an co-
applicant for a zoning change and get into the current round of zoning changes if
the County has the application in by the middle of September. He has been
working on that application. He's had discussion with several City Councilmembers
to build support. The County needs to go through a series of public hearing,
beginning September 24, 2003. The administration will propose a minimum
security jail that has room for up to 150 folks and consolidates all the alternative
corrections, work release, and sentenced minimum security offenders. A portion of
the facility will be used as a mental health and social detox triage center. He's
been working with the jail, mental health community, and hospital to develop an
appropriate site to bring people who generally end up in jail or the emergency
room.
Another building would be a consolidated storage facility and elections
center. Due to the Help America Vote Act (HAVA) there are new requirements for
equipment supplies and processing. The Auditor needs something designed to
protect the election equipment. This storage facility would consolidate all the other
rented storage sites in the community for County records and equipment. The
administration is still looking at the potential size of something like that. It has to
be consistent with the facilities master plan.
If the County gets cooperation from the City of Bellingham for the zoning
change, the County will also go through a process to select and engage an
architectural and engineering firm to get the construction documents ready for
bidding. That will take some weeks to complete. He anticipated financing that
work with rural sales tax money, which is an appropriate source. He also
anticipated that the administration would recommend this spring a tax proposal for
the public to pay for construction and operation of a jail. A natural source would be
a one -tenth of one percent corrections tax. The public voted it down in 1997. The
operational costs of a jail are significant. The County's finances don't allow for it,
unless it significantly restructures operations.
ADJOURN
The meeting adjourned at 12:45 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Finance and Administrative Services Committee, 9/9/2003, Page 16
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DISCLAIMER: This document contains the Whatcom County Council or Committee
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Dana Brown - Davis, Council Clerk Sam Crawford, Committee Chair
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