HomeMy WebLinkAboutFinance June 27 20001
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WHATCOM COUNTY COUNCIL
Finance and Administrative Services Committee
June 27, 2000
The meeting was called to order at 12:00 p.m. by Committee Member Robert
Imhof in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Also Present:
Sam Crawford
Absent:
L. Ward Nelson
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. ORDINANCE AMENDING THE 2000 BUDGET, REQUEST #8 (AB2000-
233)
Dewey Desler, Deputy Administrator, stated there are three items. A fourth
item is to amend position control to add one full -time equivalent (FTE) employee to
the Planning and Development Services Department. This item does not have a
budgetary impact. There is a fifth item that is for Paul Kundtz, as the acting deputy
prosecuting attorney, in the amount of $35,000, plus $15,000 for support of extra
witnesses, for a total of $45,000. They need Council approval for the contract and
budget approval. The administration would ask the Council to amend the request
today. Once the administration negotiates the duties and tasks, they will create an
amended contract for services.
Imhof questioned the amount already spent. Desler stated they appropriated
$50,000 for their work thus far. They County has spent close to $40,000 as of the
end of April. There will be some expenses in May and June. He is trying to get
more information.
Imhof questioned the original request. Desler stated the original request was
$30,000 plus $10,000. The County then added another $10,000. The contractor
says he will ask for additional funds to defend the Recomp lawsuit. The County's
interest is to complete the effort successfully and contain the costs.
Brenner stated one problem is that Recomp has thrown about 17 or 18 issues
into it. The attorney has to be prepared for the summary judgement. They expect
the issues will be thrown out at summary judgement. Once they get through the
summary judgement, the County Council will be able to decide how it wants to
pursue this. The other option would be to enforce this. The County has a strong
opinion from the law firm that this is legal and appropriate.
Finance and Administrative Services Committee, 6/27/2000, Page 1
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Imhof stated it is not the only other option.
Brenner stated that Mr. Kundtz told her the last amount requested covered a
portion of this work.
Imhof stated it is still approaching $90,000 already.
Crawford stated he was unclear. He questioned whether the suggestion was
to add Kundtz's additional defense money to this supplemental budget request.
Desler stated yes. If the County moves forward, it must budget the money.
Crawford asked if it was appropriate to ask Mr. Kundtz to explain to the
Council what is happening with the case. He is not aware of anything that has
happened so far. The Council had discussion about where it wanted to go when it
originally decided to do this. It is not wise to double the money without knowing
where the County is. Desler stated the County could pay Mr. Kundtz to come to the
Council and make a presentation.
Dawson asked for something from the County's attorney about what is going
[."
Brenner stated the County's attorneys are not doing this. A County attorney
already said that he hasn't done any extensive reviews on this.
Desler stated he received a letter from the attorneys last week. He tried to
follow up with the attorneys, but have not been able to connect with them. He will
provide a memo to the Council about the status of this issue.
Imhof stated he was not prepared to vote on this.
Desler stated they could have an executive session presentation.
Imhof stated a memo would be fine.
Brenner stated the attorney sent a memo on the position of this issue, but it
hasn't been distributed.
Crawford stated it is appropriate for those who are making the decision to be
informed on where they are. He says that with all respect and confidence in the
attorney.
Desler stated he could make copies of material and add it to the executive
session discussion.
Crawford stated he is looking for assurance from the attorney that the
County will prevail. If the fees have doubled, he questioned whether their
confidence is waning.
Brenner stated it is unfortunate that the material has not been distributed.
Desler should be the contact person. She talks to them on a daily basis.
Finance and Administrative Services Committee, 6/27/2000, Page 2
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Dawson stated the attorney charges for each phone call.
Brenner stated she returns their calls when they call her. This is the
County's case. It passed by a super- majority of voters. They have spent little on
this compared to what they spend on other things that have been more
controversial with the voters. Initially, the issue was laid out and it was just the
way it was. Recomp has now thrown 17 more issues into it that didn't exist to
begin with and are non - issues.
Dawson stated the councilmembers didn't personally contact Mr. Mackie
when he did the Growth Management Act issues.
Brenner stated she is a witness to this case. She wrote the initiative. The
attorneys have to get information from her. She is not just another councilmember
on this.
Crawford stated this is a good thing and he is supportive of this. In a perfect
world, Recomp would have figured out that the County doesn't tolerate that
business. This is not a perfect world.
Imhof moved approval of the ordinance as presented with the first four
items.
Crawford questioned items one and two. He asked if the costs were
anticipated.
Imhof stated the costs were anticipated but not authorized during the budget
cycle. There is new money that came in for the primary and general election.
Shirley Forslof, County Auditor, stated there were two elections in the spring.
Last year, she asked for additional funding. They never know exactly how many
elections they will hold the following year. The presidential primary had special
party rules, so the schools decided to have a separate vote. They had two elections
this spring instead of one election. That makes an additional cost for two elections
instead of one. They need additional funding for the rest of the year. The money
has already been collected from the districts. They just need the budget authority
to spend it.
Dawson questioned whether there are County regulations that govern the
way elections are held that would supercede the party rules. Forslof stated there
aren't. For the presidential preference primary, the major parties said that a
person has to declare a party to vote a party ballot. Those are party rules. In
2002, with the recent Supreme Court decision, they may have a different primary
election.
Motion carried unanimously.
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY HEALTH AND
HUMAN SERVICES DEPARTMENT AND NORTH SOUND REGIONAL
Finance and Administrative Services Committee, 6/27/2000, Page 3
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SUPPORT NETWORK (NSRSN) TO PROVIDE FUNDING FOR MENTAL
HEALTH ADMINISTRATION PLANNING, COORDINATION, AND
COMMUNITY -BASED SERVICES FOR WHATCOM COUNTY IN THE
AMENDED AMOUNT $52,726, FOR A TOTAL AMENDED AMOUNT OF
$276,628 (AB2000 -222)
Imhof questioned whether this is a new program.
Kay Guirl, Personal Health Services Supervisor, stated the contract with
Whatcom Counseling and Psychiatric Services is a school -based depression
awareness training and prevention project. It will be held at six school districts,
including four in Bellingham and two in Ferndale.
Imhof questioned whether state money is involved. Guirl stated funding
comes from new money from the North Sound Regional Support Network (NSRSN).
The contract for the service is consent agenda item number six.
Imhof questioned why the dollar amounts are different between the budget
request and the contract. Guirl stated the budget refers to the money coming in
from the NSRSN. That money is direct flow through money. They've gone through
a bid process and the award went to the Whatcom County Counseling and
Psychiatric Center.
Imhof stated the first item is about innovative, co- occurring disorder
services. He questioned whether that is depression. Guirl stated she was incorrect.
Crawford stated the money came in the recommendation the committee just
approved. They are now spending the money in the contract. Guirl stated that is
correct.
Desler stated number six is a different issue.
Imhof questioned what innovative, co- occurring disorder services are. Desler
stated he believed it has to do with people with multiple issues, such as mental
health and substance abuse. This is to create a program in the community to
address the needs of that special population.
Guirl stated the contract for that service identifies individuals at risk for
mental illness and chemical abuse.
Crawford asked where the money comes from. Desler stated it comes from
the NSRSN, which is a five - county agency responsible for organizing, planning, and
funding many mental health services throughout the community. Whatcom County
is a member of that organization. NSRSN gets its money from Medicaid and state
programs. Medicaid is a combination of a state and federal budget program.
Councilmember Nelson and County Executive Kremen are the Whatcom County
representatives.
Imhof moved to recommend approval in the amended amount of $276,628.
Motion carried unanimously.
Finance and Administrative Services Committee, 6/27/2000, Page 4
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COUNCIL "CONSENT AGENDA" ITEM
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #00-
63 FOR THE SUMAS AREA PRELEVEL PROJECT TO THE LOWEST
RESPONSIVE BIDDER, WILDER CONSTRUCTION, IN THE AMOUNT OF
$645,000 (AB2000 -238)
Imhof stated they did one of these projects two weeks ago in the northwest
part of the county. This project is in the northeast part of the County.
Imhof moved to recommend approval.
Motion carried unanimously.
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #00-
65 FOR THE MARINE DRIVE AREA PRELEVEL PROJECT TO THE
LOWEST RESPONSIVE BIDDER, WILDER CONSTRUCTION, IN THE
AMOUNT OF $90,221.25 (AB2000 -239)
Imhof moved to recommend approval.
Motion carried unanimously.
3. RESOLUTION ESTABLISHING AN ENHANCED WHATCOM COUNTY LAW
AND JUSTICE COUNCIL (AB2000 -240)
Dewey Desler, Deputy Administrator, stated a report has this project as a
fundamental recommendation. It seems appropriate to bring some issues related
to the Law and Justice Program before this committee. This resolution would
reauthorize and establish the Law and Justice Council. There is one in effect now,
but it is not the same kind of body. The new body would be expanded and with
more members. The administration recommends this organization. The Council is
key to implementation.
Brenner asked if one purpose of this council is to look at whether the County
could subsidize the cities for criminal justice costs. Desler stated that is something
else. The Council wouldn't analyze that. The Law and Justice Council would seek to
make all the parties work together to create an efficient system.
Brenner stated she is not for a law and justice system that is subsidized by
county taxpayers to pay for the cities. She questioned who figures that out. Desler
stated they are now working with all the cities to develop a new contract for jail,
probation, and other services that the County could provide. The County's
objective has been to properly bill the cities for its actual costs. The administration
will bring forward a series of recommendation.
Imhof suggested that the internal auditor be engaged to determine the costs.
Crawford moved to recommend to the full Council.
Finance and Administrative Services Committee, 6/27/2000, Page 5
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Motion carried unanimously.
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
EXTENSION OF THE MEMORANDUM OF UNDERSTANDING WITH
NORTHWEST REGIONAL COUNCIL FOR SUPPORT SERVICES FOR LAW
AND JUSTICE PLANNING FOR AN ADDITIONAL CONTRACT AMOUNT
OF $43,000, RESULTING IN A TOTAL AMENDED CONTRACT AMOUNT,
UP TO $76,957 (AB2000 -241)
Dewy Desler, Deputy Administrator, stated this provides a source of staff
support for the Law and Justice Council. They are talking about a body that
includes 45 to 50 people. That is a lot of work for those people. They need
adequate staff support. He hoped to work with all the cities to contribute to the
ongoing cost of this council.
Imhof asked where the money comes from. Desler stated they will try to
fund the council from within all the department budgets that exist in the County.
He expected to use unexpended funds from different sources to pay for this.
Crawford moved to recommend approval.
Motion carried unanimously.
S. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO. 997012
AND THE AWARD OF CONTRACT TO ONE WAY CONSTRUCTION INC.
AS THE LOWEST RESPONSIVE BIDDER, FOR THE REPLACEMENT OF
STEIN ROAD BRIDGE NO. 92 OVER DAKOTA CREEK, IN THE AMOUNT
OF $279,364.45 (AB2000 -242)
Imhof moved to recommend approval.
Motion carried unanimously.
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY HEALTH AND
HUMAN SERVICES DEPARTMENT AND WHATCOM COUNSELING AND
PSYCHIATRIC CLINIC, TO PROVIDE CHILDREN'S SCHOOL -BASED
MENTAL HEALTH SERVICES IN SIX WHATCOM COUNTY SCHOOLS, IN
THE AMENDED AMOUNT OF $23,500, FOR A TOTAL CONTRACT
AMOUNT OF $254,500 (AB2000 -243)
Imhof moved to recommend approval.
Motion carried unanimously.
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY HEALTH AND
HUMAN SERVICES DEPARTMENT AND CURRENT INDUSTRIES, TO
PROVIDE PREVOCATIONAL SERVICES CONSISTING OF TRAINING
AND PAID EMPLOYMENT IN BUSINESSES THAT ARE ORGANIZED AND
Finance and Administrative Services Committee, 6/27/2000, Page 6
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DESIGNED TO PROVIDE EMPLOYMENT TO PERSONS WITH
DISABILITIES, IN THE AMOUNT OF $174,924 (AB2000 -244)
Imhof questioned the number of people who are in the program.
Kay Guirl, Personal Health Services Manager, stated 43 people are involved.
Imhof questioned the length of the contract. Guirl stated the contract goes
until June 30, 2001.
Crawford moved to recommend approval.
Motion carried unanimously.
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY HEALTH AND HUMAN
SERVICES DEPARTMENT AND CASCADE VOCATIONAL SERVICES —
INDIVIDUAL EMPLOYMENT TO PROVIDE EMPLOYMENT PLACEMENT
AND FOLLOW -UP SERVICES NECESSARY TO ASSIST PERSONS WITH
DEVELOPMENTAL DISABILITIES, IN THE AMOUNT OF $44,640
(AB2000 -245)
Imhof questioned whether this is the same type of program as the previous
item.
Kay Guirl, Personal Health Services Manager, stated items seven through
nine are new because of new vendors.
Crawford moved to recommend approval of items eight and nine.
Motion carried unanimously.
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY HEALTH AND HUMAN
SERVICES DEPARTMENT AND CASCADE VOCATIONAL SERVICES —
GROUP EMPLOYMENT, TO PROVIDE EMPLOYMENT PLACEMENT, ON-
THE -JOB TRAINING AND FOLLOW -UP SERVICES NECESSARY TO
ASSIST PERSONS WITH DEVELOPMENTAL DISABILITIES IN THE
AMOUNT OF $79,272 (AB2000 -246)
See item eight above.
10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY HEALTH AND HUMAN
SERVICES DEPARTMENT AND CASCADE VOCATIONAL SERVICES —
COMMUNITY ACCESS, TO PROVIDE AN INDIVIDUALIZED PROGRAM
FOR PERSONS WHO ARE NOT ABLE TO ACCESS EMPLOYMENT
OPPORTUNITIES DUE TO THE SEVERITY OF THEIR DISABILITIES OR
OTHER BARRIERS, IN THE AMOUNT OF $442,860 (AB2000 -247)
Finance and Administrative Services Committee, 6/27/2000, Page 7
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Kay Guirl, Personal Health Services Manager, stated this involves ten people
who are also at Vanguard and whose disabilities are severe enough that the new
resources could not accommodate them. They worked out an agreement with the
state to use the funding that would follow those individuals to go into community
access services so they are participating in the community.
Imhof moved to recommend approval.
Motion carried unanimously.
11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH THE CITY OF BLAINE TO ESTABLISH
PROCEDURES FOR PROCESSING COMPREHENSIVE PLAN
AMENDMENTS WITHIN THE BLAINE URBAN GROWTH AREA (AB2000-
249)
Sylvia Goodwin, Planning Division Manager, stated this is similar to all other
interlocal agreements. There are two unique provisions on packet page 218. In
section 7D, they are agreeing to create an aquifer recharge protection area
consistent with City of Blaine's groundwater protection program by March 2002. It
is already in the Comprehensive Plan.
There is different wording in section 9B to work on special purpose districts.
Most of the other changes are minor word - smithing changes.
Crawford questioned why this is in front of the Finance Committee. Goodwin
stated all others have gone before the Finance Committee because of the revenue
sharing, but it isn't an issue here.
Crawford questioned whether the revenue sharing is the same as the other
interlocals. Goodwin stated it is.
Crawford moved to recommend approval to the full Council.
Hoag asked if this sets a pattern that the urban growth area (UGA) follows
this as it expands. Goodwin stated that as the UGA expands, they would do an
amendment to the attachment and take a look at this again. The revenue - sharing
formula is constant. If the City were to reach their arm out and bring in the outlet
mall, which they've expressed a desire to do, all of the revenue sharing would
apply. They also have a lot of expensive road to maintain between the City and the
outlet mall, so it won't happen for decades. It is a big loss for the City. The cost to
the City would be $850,00 per year to provide services to the outlet mall. It won't
make sense for decades.
Imhof stated there would a lot of in- filling between now and then.
Hoag asked whose UGA Cherry Point falls into. Goodwin stated it is an
independent County UGA. There are many Comprehensive Plan policies that say it
will stay a County UGA. There are interests to bring it into the Birch Bay UGA so
they can incorporate. This is miles from Cherry Point. A bigger concern is what
Birch Bay wants to do.
Finance and Administrative Services Committee, 6/27/2000, Page 8
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McShane stated they talked about a formalized process with the City of
Bellingham at last night's joint meeting. He asked if that type of language would be
considered here. Goodwin stated it should be at some point. The City of Blaine
doesn't have planning staff at this point. They don't have the level of interest or
the staff to have those meetings that the City of Bellingham does. At some point,
they might want to look at that. They have a quarterly meeting between all city
planners and the County. She asked all the city planners several months ago to
see if they want a more formal process for reviewing urban growth area
amendments. None but Bellingham were interested. They are doing one in the
City of Lynden. The City of Lynden and the County informally held a neighborhood
meeting and got everyone's input. The City planners are coming to the County
hearing next week and it will be done.
McShane asked about item G on page 213 of the Council packet. He was
concerned about the level of rural designation that refers to. Goodwin stated it is
not a problem. The zoning is UR -4. That keeps the density at one unit per five
acres until there is sewer. The City has no intention of extending sewer until they
annex. In that area, the entire Blaine UGA, it is zoned UR -4, which is one unit per
five acres.
McShane stated they would keep at that. He questioned whether they want
to agree to keep it UR -4 in the interlocal agreement. Goodwin stated they could.
This was standard language in all the interlocals. Because each one has different
zoning in the UGA, they made it the same. They can agree to maintain UR -4
zoning.
McShane stated he wanted to remove the temptation to go to a denser Rural
zoning, which is the last thing they want to do.
Imhof stated that is up to the Council.
McShane stated it is for the designations near or adjacent to the UGA. If
there is an agreement, he questioned whether they should agree to maintain the
density at one house per five acres.
Imhof stated that agreement is in the Comprehensive Plan.
McShane stated someone could bring forward an amendment to the
Comprehensive Plan. Goodwin stated that R2 is considered rural in the
Comprehensive Plan. If there was political pressure, the County could rezone to R2
in the area surrounding the area and it would still be considered rural density, even
though the GMA drew the line at one unit per five acres. In some instances,
they've considered two acres rural.
Imhof stated that the County Comprehensive Plan specifies one unit per five
acres. Unless they do a Comprehensive Plan amendment, that won't change. No
one wants to go there.
Goodwin stated the city already approved and signed this. If they amend
this, it will take another several months to add it.
Finance and Administrative Services Committee, 6/27/2000, Page 9
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Brenner stated it is not in just the Comprehensive Plan. They deal with
anything that is of a higher, more intensive density than the Rural 5 acres, which
has to be very closely scrutinized to be changed at all. They can't just go to RR2 or
RR1 designation without going through the process. The 1997 amendment to the
GMA allows for the denser rural zonings, but they have to go through a lot of hoops
to do it.
Crawford stated have to justify it based on pre -1990 zoning.
Goodwin stated that is the case if they are going to call it an area of more
intense rural development, which is a density of RR2. However, if they are going to
go to R2A, it is already rural in the Comprehensive Plan. A lot of rural areas in the
County are zoned R2A.
Brenner stated that for anything under five acres, they have to be very
specific and detailed about why they are doing it. Goodwin stated that is not how
the County interpreted it. The Superior Court upheld the County.
Motion carried unanimously.
COMMITTEE DISCUSSION
1. DISCUSSION REGARDING THE RESOLUTION SETTING THE WHATCOM
COUNTY SIX YEAR COMPREHENSIVE ROAD PROGRAM FOR THE YEARS
2001 THROUGH 2006 (AB2000 -255)
This item is scheduled for Introduction at the night meeting and a public
hearing in two weeks.
Dawson questioned whether the Tyee area construction would address
concerns brought forward during the Point Roberts recreational vehicle (RV) issue.
Imhof stated they could get hold of Dick Prieve and see if that is addressed.
He was sure that the changes would be implemented. One item is just a marking
item and the other was also not very expensive.
McShane stated there is one change to be made. They talked about fish
barriers in the Water Resources meetings. It is 26th on the list with no engineering
done yet. The Council might want to move it up.
Imhof stated he was surprised to see it that low because there was
discussion on it.
(Clerk's Note: End of tape one, side A.)
Dewey Desler, Deputy Administrator, stated the rating of number 26 doesn't
mean it is priority number 26. It is a different issue from the roads. It is the first
item among the different issues from roads. It is a high - priority issue and there will
be some funding addressing that item.
Finance and Administrative Services Committee, 6/27/2000, Page 10
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OTHER BUSINESS
Dewey Desler, Deputy Administrator, asked what the Council wants as the
next step on the funding for the I -99 lawsuit. The funding authorized for the I -99
lawsuit has been used. The attorney's are proposing additional funds to cover the
summary judgement work. They are also requesting an expert witness. He heard
that the Council might like to have a meeting with the attorney in executive
session. He will organize that.
Imhof questioned whether there is documentation that says what the
attorney is doing. Desler stated there is.
Imhof asked for a copy of that documentation between now and the evening
meeting. That may alleviate the questions.
Crawford stated his concern was that it is not prudent for him to make
decisions, because he does not have a clue about what is going on.
Imhof stated that when the attorneys want more money they come to the
Council. Otherwise, he never hears from them.
Brenner stated that is not true.
Imhof stated he and Councilmember Crawford have not heard anything.
Brenner stated the administration has the updates.
Imhof stated the Council has not heard anything.
Brenner stated it is up to the administration, not the attorneys, to update the
Council with that information. The law firm doesn't contact the Council directly.
Imhof stated the Council should be copied on the updates.
Brenner stated they are dealing with the information. They've been following
the protocol that was set out.
Crawford asked for a mechanism to discuss this in executive session. Desler
stated that is appropriate.
Imhof asked for a synopsis of what they are doing. That might alleviate the
questions.
Crawford stated his instinct is to go forward, but he wants to be prudent.
Imhof asked for discussion with the attorneys on July 11, if
needed.
Finance and Administrative Services Committee, 6/27/2000, Page 11
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ADJOURN
The meeting adjourned at 12:55 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Robert Imhof, Acting Committee Chair
Finance and Administrative Services Committee, 6/27/2000, Page 12