HomeMy WebLinkAboutFinance May 21 20021
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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
May 21, 2002
The meeting was called to order at 12:07 p.m. by Committee Member Dan
McShane in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Sam Crawford None
Sharon Roy
Also Present:
Barbara Brenner
Laurie Caskey- Schreiber
Seth Fleetwood
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. ORDINANCE AMENDING THE 2002 BUDGET, REQUEST #5 (AB2002-
198)
Dewey Desler, Deputy Administrator, stated there are three items on this
request. Two relate to Juvenile Services Administration, and there are associated
grants. They've not budgeted for these items, but they have anticipated them.
The Council previously approved the contract, and this is the money for it. The
third item is testing at the Y Road Landfill.
Steve Paus, Juvenile Court Administrator, stated the two items come from
the Governor's Juvenile Justice Advisory Committee. They are both pass- through
grants. Whatcom County receives total of $10,215 that goes into the fund balance.
These grants allow charging for indirect costs.
McShane moved to recommend approval of the supplemental budget request
to the full Council.
McShane moved to amend the request to not include the Public Works
Department Solid Waste Division expenditure at the Y Road Landfill. Three years
ago, his company put together a team of consultants to monitor the Cedarville
Landfill. At that time, he recommended putting in two wells in the middle of the
landfill to collect water samples. They have spent quite a bit of money, and they
still can't get any water directly out of the landfill. They have addressed the
immediate concern of whether these landfills are causing harm or are passing
contaminants to wells in the area. Nothing has shown up in those wells. Surface
water samples appear to be clean as well. He is disturbed that the approach used
Finance and Administrative Services Committee, 5/21/2002, 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.
was a geo- probe. It didn't work very well. They hit rock and didn't get to the
glacial till layer. He's tired of pouring money into this pit.
Dick Prieve, Assistant Director of Engineering, stated they haven't found
anything, but they haven't disproved anything either. Tests aren't conclusive.
There wasn't a cover on Y Road 1. The estimate is to do a cover, if the Council
decides to do that. Forty -one percent of the costs have been for testing. They
might be able to get by with less monitoring. The amount is for both sites.
Regina Delahunt, Health and Human Services Director, stated she agreed
that what they've noted so far has been good news. They haven't seen any
threats. They don't have sufficient information to say the landfill is not impacting
the creek. The quality of the leachate is pretty good. It exceeded some of the
standards for metals. They can't say that the leachate is not getting into the creek.
Even if it is, she guessed it is probably not having a huge impact. To tell the
citizens with certainty that level is acceptable, they have to have the monitoring
wells installed and monitor with a full suite of parameters for one year. The State
Department of Ecology (DOE) and State Department of Health (DOH) have both
reviewed this plan and approved it. The landfill is on the State's list of potentially
contaminated sites. The State will rank the sites this year. Monitoring is
necessary.
Regarding the cover, the landfill has zero cover on it. Covering a landfill is
basic. If there was any landfill in the county, it must be covered adequately. It
prevents rainwater from migrating through the waste and leachating out the
bottom. Another issue in the contract is installation of gas wells at Y Road 2.
Significant concentrations were detected. Landfill gas is explosive. If the landfill
were operating today, they would require a gas monitoring system around the edge
of the landfill to make sure it is not migrating off the landfill. She guessed they will
not find significant levels of gas off the site, but she doesn't know that with
certainty. There is a residence within 200 feet of the landfill. It is a liability
problem.
Crawford asked the amount in the solid waste fund. Prieve stated there is $1
million. They have to keep $250,000 for an emergency. The Solid Waste Executive
Committee has reviewed and approved it.
Roy asked the history of this issue. Delahunt stated there has been a long
history. The Y Road landfill is in the Lake Whatcom watershed. It is right on a
creek that drains into Lake Whatcom. There have been discussions in the
community for a long time that the landfills were not properly closed and that there
are contaminants leaking out, perhaps mercury.
Roy asked if the State is likely to pay for this. Delahunt stated State funds
are available if they enter into a consent decree. There are issues associated with
that. The County would have to do what the State would ideally like the County to
Finance and Administrative Services Committee, 5/21/2002, 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.
do, which may cost a lot more than if the County does what the County believes is
necessary.
Roy asked if Councilmember McShane was serious about digging it up and
hauling it away.
McShane stated it is an option. State law governs what they do with a
landfill during certain times. This landfill was closed before that, and this landfill
was not grandfathered in. There is an old landfill in Skagit County that was not
covered and is now a park. There are not monitoring wells around. The only thing
they were required to do from a safety perspective was to build some restrooms,
making sure there was proper ventilation under the restrooms in case of a natural
gas build up. If someone drills into buried garbage, he or she will find a little bit of
a gas release. In his experience of old municipal waste dumps that were used
similarly to Y Road, it doesn't pose that big of a threat. They are paying for
certainty. He's comfortable with a certain level of uncertainty. He is frustrated that
the geo -probe investigation went forward. The cost for putting the wells in may be
tremendously underestimated.
Crawford stated this discussion also applies to Consent Agenda item three.
Brenner stated she supports having that level of certainty. This isn't just any
landfill. It's in the Lake Whatcom watershed. It's right on a creek that directly
drains into the lake. On the other hand, there's no point in doing this in a way that
it doesn't work. She asked if there is a way to better insure that the testing they
do provides results. Prieve stated they may or may not find water if they put the
wells in. The water table is at its highest right now. If the contract goes forward,
they want to put the wells in before the water table begins to drop next month. He
doesn't know if that's possible. If there is no water to be tested, then there's not
much leaching. That would be a good thing. It would prove that there is nothing
there.
Caskey- Schreiber stated she is concerned about this. It seems like they lack
evidence to drive this exploration and testing. They tested many wells within 2,000
feet and found nothing. Delahunt stated there is one deep aquifer. Clay separates
the landfill from the deep aquifer. Wells tap into the deep aquifer. They want to
monitor a shallow aquifer, if one exists. That would discharge into the creek that is
right next to the landfill.
Caskey- Schreiber stated it seems they are chasing after something here,
when there are other situations in the other 23 landfills in the county that they
should be studying. She asked the direction of the aquifer. Delahunt stated they
assume it goes in the direction toward the creek, but they don't know that. They
won't know that until they put wells in to measure the differences in elevation.
Caskey- Schreiber stated she would like to look at other alternatives, and
maybe turn it over to the geology students at Western Washington University to
Finance and Administrative Services Committee, 5/21/2002, 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.
see if they can use it as a project to monitor. Let the evidence be presented before
they start investing money to search for a cause.
Brenner asked about doing more extensive monitoring of the creek, and
whether contamination would show up. Prieve stated it might not tell them
anything.
Delahunt stated they don't know where the aquifer discharges into the creek.
Crawford restated the motion to amend by removing funding for phase III of
the Y Road landfill.
Motion failed 1 -2 with McShane in favor.
Motion to recommend approval carried unanimously.
COUNCIL "CONSENT AGENDA" ITEM
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID# 02-
06 TO THE LOWEST RESPONSIVE BIDDER, HB HANSEN
CONSTRUCTION, FOR REPLACEMENT OF WINDOWS IN THE OLD
PORTION OF THE COURTHOUSE, IN THE AMOUNT OF $56,714.39
(AB2002 -204)
Roy moved to recommend approval to the full Council.
Crawford asked if this is included in the budget.
Dewey Desler, Deputy Administrator, stated it was budgeted in 2001 budget,
but it was not completed and the money lapsed. A number of things were not
finished during the courthouse remodel. The old courthouse had single -pane
windows. The administration wants to improve energy costs by replacing the
single -pane windows.
Caskey- Schreiber asked if they could have some open windows. The air in
the building is bad.
Mike Russell, Facilities Supervisor, stated the heating /ventilation /air
conditioning (HVAC) system was designed so that the windows remain closed.
They are required to bring in fresh outside air at all times. The offices do get fresh
air.
Brenner stated the air is stale in every courthouse office she's been in. She
asked the number of windows that are being replaced. Russell stated there are 31
windows being replaced.
Finance and Administrative Services Committee, 5/21/2002, 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.
Crawford asked if the new windows are commercial - style, aluminum frame,
dual - glazed, and high- energy glass. Russell stated they are. They are also Low E
glass. The glass of the old windows was anchored by concrete. The work will cost
a lot.
Brenner asked to be provided information on the total cost of the courthouse
remodel when possible.
Motion carried unanimously.
2. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NOS.
998006/998007 AND THE AWARD OF CONTRACT FOR THE
RECONSTRUCTION OF LAKE TERRELL ROAD AND MOUNTAIN VIEW
ROAD (AB2002 -205)
McShane moved to recommend approval to the full Council.
Brenner asked how long it will take to finish, and if it will have good bike
access.
Bruce Mills, Assistant Director of Engineering, stated reconstruction will take
about four months. It will have paved shoulders.
Motion carried unanimously.
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY PUBLIC WORKS AND BEK
ENGINEERING ENVIRONMENTAL, INC. FOR PHASE III Y ROAD
LANDFILL, IN THE CONTRACT AMOUNT OF $152,248 (AB2002 -206)
(Clerk's Note: See the above discussion of the ordinance amending the
2002 budget, request #5 (AB2002 -198) for discussion on this item.)
McShane stated there is no evidence of impacts to drinking water wells or the
creek. There is no evidence of leachate in the creeks. In July of last year, it was
teaming with trout. If they are going to consider a cover, it will create a very large
impervious surface in the watershed.
Crawford moved to recommend approval to the full Council.
Motion failed 1 -2 with Crawford in favor.
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY HEALTH AND
HUMAN SERVICES AND WA STATE DEPARTMENT OF HEALTH (DOH),
DELINEATING THE RESPONSIBILITY OF H &HS' ENFORCEMENT OF
Finance and Administrative Services Committee, 5/21/2002, 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.
RULES PERTAINING TO PUBLIC WATER SYSTEMS AND RESULTANT
COMPENSATION IN THE AMOUNT OF $36,850 (AB2002 -207)
McShane moved to recommend approval.
Motion carried unanimously.
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH H. B. HANSEN CONSTRUCTION, INC., AS THE
LOWEST RESPONSIVE BIDDER, FOR THE CONSTRUCTION OF THE
BAYVIEW DRIVE RETAINING WALL PROJECT IN THE AMOUNT OF
$48,500 (AB2002 -208)
McShane moved to recommend approval.
Brenner stated few people in Point Roberts were aware of this. Some people
believe it should not be done. She asked to postpone it for two weeks.
Dick Prieve, Assistand Director of Administration, stated they want to get it
moving. They are not going to do the work until fall. He would talk to the
contractor. Citizen concerns are about a temporary ecology block. It is not meant
to be permanent.
Brenner stated the concern by the citizens is on the general project.
Roy moved to hold in committee for two weeks.
Motion failed 1 -2 with Roy in favor.
Motion to recommend approval to the full Council carried 2 -1 with Roy
opposed.
COMMITTEE DISCUSSION
1. DISCUSSION REGARDING COUNTY EXECUTIVE PETE KREMEN'S
ACTION PLAN FOR MAINTAINING A BALANCED BUDGET (AB2002-
169)
Crawford stated the full Council held a budget meeting with the
administration earlier in the day.
Dewey Desler, Deputy Administrator, stated the administration would digest
the information that came from the morning meeting. They will have more
discussions at future meetings.
Finance and Administrative Services Committee, 5/21/2002, 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.
OTHER ITEMS
Dewey Desler, Deputy Administrator, stated the County received $408,000 in
Title III of the Secure Schools Funding Act. It makes program dollars available for
things like community education, work crews, emergency medical services, fire
fighting, search and rescue, and potential purchases of easements. The
administration will make a recommendation on how to use that money.
The Executive's Office asked community groups for applications for projects
to use that money. They received approximately 12 applications. There are three
or four that are deserving of funding.
The administration does not advocate using all the money in this next
calendar year. They are not required to use all the money. They might
recommend spending approximately $125,000 to $150,000 in the first year. The
remaining money would be used to do other Title III projects in the following years.
For every dollar the County assigns to the Title III program, it loses about $.65 in
another source of federal funds. The money is discretionary, and is used to help
the County balance its budget. The administration will not recommend seeking
additional funds for this purpose, unless the Council chooses to do that.
Crawford stated the Council made the decision to proceed on Title III without
knowing they were going to lose two - thirds of a dollar for every dollar spent. That
did not come up. Desler agreed. He just found out how the federal administration
is going to implement all of its forest monies. It's very complicated.
(Clerk's Note: End of tape one, side A.)
Desler continued to state Whatcom County received approximately $2.1
million per year from Title I, Title II, and Title III funds. The County will receive
that for the next five or six years. The Council will decide to assign a certain
percentage of money for Title I programs to the County road department and
county schools. Then, they have a choice of putting the rest of the money into Title
II and Title III program. The administration will recommend only assigning money
to Title II programs. Title II money flows to the Resource Advisory Committee
(RAC), a joint Whatcom /Skagit committee. There are a number of things that
committee can approve. Any of the projects that might be developed would not
impact the amount of revenue that the County receives under other federal
forestland sources. Use Title III money for things the County would normally have
to pay for anyway, including search and rescue, emergency medical services, and
some other things associated with jail alternative work crew programs. That would
have a positive impact on trail maintenance in the federal forestland.
McShane stated the County gets more money if it goes with Title III projects
overall. Unfortunately, the parameters for using Title III monies is very narrow. It
impacts the general fund because payments in lieu of taxes (PILT) monies are
reduced.
Finance and Administrative Services Committee, 5/21/2002, 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.
Crawford asked what would happens to the applications submitted for Title
III funds, whether money will be available for those applications, and if the
administration recommends moving forward with those applications. Desler stated
a number of the applicants will be eligible for Title II funding. The RAC can review
and consider those. The County makes the decision on how much money goes to
Title II programs. The intention of the motion is to send a message to the RAC and
Skagit County that Whatcom County is going to contribute money to Title II.
Before they make a decision on how much money actually goes into Title II, the
County Council will get a chance to see all the applications and the priority order in
which the RAC recommends for funding. It's going to be a balance.
Crawford stated it would be a good idea to see the Title II projects funded by
the RAC this year. Many of the projects are in Whatcom County. There are some
very good Title II proposals. Desler stated the County Council and the RAC are
both players in making the decision on Title II funds. If the RAC does not support
things that the County Council would like to move forward with, then the County
has the choice of not putting as much money into that effort. On the other hand,
the County Council can choose to put more money into Title II if it likes the efforts.
Crawford asked if the County should extract itself from the Title III
programs, so it doesn't set up community expectations that this money is available.
Desler stated they have set aside $408,000. The administration recommends
spending one -third of that this year, which means additional Title III money is
available in future years. The County Council will annually review how to spend this
money.
McShane moved to recommend approval of the resolution authorizing the
distribution of at least half of the full payment amount under PL106 -393,
allowed by HR 2389, to Title II projects (AB2002 -212).
Motion carried unanimously.
Desler stated the rural sales tax is a fund source for the County that
generates about $1.8 million per year. It is designed to be used for public facilities.
To use that fund source, the County needs to have a description of the concept,
program, or issue as a part of either the Economic Development Plan for the
County, or the Comprehensive Plan. The administration seeks to place the
appropriate program ideas into both of those plans for consideration by the County
Council. In July, the Council will see a copy of the Economic Development Program
Plan that is being prepared with the Port of Bellingham, all the cities in the county,
and the Economic Development Council. Later in the year, the Economic chapter of
the Comprehensive Plan will come forward. They are only trying to create the
appropriate legal vehicle to effectively use that money, so they don't have to use
general fund money to pay for basic public facilities infrastructure.
Finance and Administrative Services Committee, 5/21/2002, Page 8
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.
1 Crawford asked if the Council would receive recommendations in writing on
2 the facilities improvements from the administration. Desler stated it would.
3
4 Crawford stated he is looking specifically for the bridge between facilities
5 improvements and economic development. There needs to be some connection.
6 Desler stated the County Council has the discretion to define economic
7 development broadly. One councilmember recently stated that if the County cannot
8 provide for basic, core services in the community, it would not be able to develop
9 the economy. That's what it comes down to.
10
11 Desler stated the legislature passed a requirement for the County to add a
12 $10 fee per each recorded document in the Auditor's Office. Forty percent of that
13 $10 will go back to the State's Housing Trust fund, which will be used for low -
14 income housing across the State, including Whatcom County. Sixty percent will go
15 into a fund in Whatcom County for use to support low- income and affordable
16 housing. The legislature approved it in April. It is to be implemented by mid -June.
17 For the rest of this year, the sixty percent would generate about $151,000 for
18 Whatcom County. The fee would generate approximately $250,000 to $260,000 in
19 future years. He asked low- income housing interests in the community to come
20 together and meet with the administration to talk about recommendations for
21 administering and supporting the intent of the legislation.
22
23 Desler stated there is currently a $.50 per line tax on all land lines and a
24 $.25 per line tax on all cellular phones. That money is used to pay for enhanced
25 911, which allows for the operating cost of What -Comm and the payment of the
26 services that it takes to properly locate someone when they call 911. That service
27 isn't available with cellular phones, but the technology is available. It is not
28 installed and implemented. The What -Comm program will ask that the County
29 execute an arrangement that the legislature has authorized, which is to increase
30 the cellular tax to $.50 per line per month, and to use that money to pay for
31 enhanced 911 services for cellular customers.
32
33 Desler stated they are continuing to work on the animal control services
34 contract. He predicted that the administration would make a recommendation in
35 June. They are negotiating with the current provider. A fundamental issue is
36 generating additional fee revenue to support that service. The administration will
37 recommend to the Council that the fees be raised to the level of those in the City of
38 Bellingham for similar services. They want to build the contract in a way that the
39 additional fee revenue would supplant a portion of the current contract amount of
40 $300,000 per year. For example, if they generate an additional $25,000 in fees,
41 the administration would pay $275,000 instead of $300,000 per year. That
42 additional revenue would keep the existing services whole. They are seeking to
43 structure a one -year contract, and move on from there. They are not seeking to
44 add additional capacity. Many of the County contracts could use more time and
45 attention to monitor what is happening with those contracts. The administration
46 doesn't have the capacity to do a lot of the monitoring that might often be
47 necessary. If the program is attached to a specific department, then the
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department will do a lot of the monitoring. The County has never built a method to
monitor a lot of the general contracts. That subject is worthy of discussion in the
future. If they are going to buy more services, they are going to need to think
about the costs to property monitor and support and ensure that they are getting
the kind of quality they expect out of the contracts.
Desler stated that if the Council were going to approve the Olsen /Jaeger
property purchase, they would need to approve a supplemental budget request.
One will be introduced, and a hearing will be scheduled for a future meeting.
Crawford stated the Natural Resources Committee unanimously
recommended the purchase to the full Council.
McShane moved to recommend to the full Council to introduce at this
evening's meeting an ordinance amending the 2002 budget, request #6
(AB2002 -214) regarding purchasing the Olsen Estate property and the Turner -
Jaeger property with Conservation Futures funds.
Motion carried unanimously.
ADJOURN
The meeting adjourned at 1:15 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Sam Crawford, Committee Chair
Finance and Administrative Services Committee, 5/21/2002, Page 10