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HomeMy WebLinkAboutFinance May 16 20001 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 WHATCOM COUNTY COUNCIL Finance and Administrative Services Committee May 16, 2000 The meeting was called to order at 12:07 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 REPEALING WHATCOM COUNTY CODE 2.22A, DEPARTMENT OF NOR -BELL CARE CENTER (AB2000 -183) Dewey Desler, Deputy Administrator, stated the County no longer operates a nursing home. There is no sense for it being a part of the County's code. Administration recommends that it be deleted. Crawford moved to recommend approval. Motion carried unanimously. 2. ORDINANCE AMENDING WHATCOM COUNTY CODE 3.08.100, SETTING REQUIREMENTS FOR COUNCIL APPROVAL OF CONTRACTS (AB2000- 184) Crawford questioned whether a particular situation prompted this. Dewey Desler, Deputy Administrator, stated the administration is always looking at how it responds to emergencies in the community. When they think about how it respond to emergencies, the administration wants to make the contracting portion is consistent with bidding portion. Under emergency situations, they allow for the Executive to take immediate and decisive action. Brad Bennett, Finance Manager, stated that in an emergency, the Executive can waive bid requirements, but can't award the contract. The Executive cannot move quickly under the letter of the law. Imhof stated it allows the Executive to award a contract. Desler stated the County doesn't have emergencies often, but they want to be able to respond expeditiously when they do occur. Crawford questioned whether an emergency is defined. Desler read from the definition in the code. It is when the public interest or property of the County would suffer material injury or damage by any lack of action. Finance and Administrative Services Committee, 5/16/2000, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Dawson stated that, in the past, the councilmembers received phone calls and collected four votes for action. She was uncomfortable because the definition of emergency could be expanded. Imhof stated he feels the opposite. That is what the administration is there to do. Sometimes the administration is not able to make the phone call, or the councilmembers may not be available. It happens elsewhere. It is appropriate. Dave Grant, Senior Civil Deputy Prosecutor, stated he has been called to the Emergency Services Division during an emergency when the County Executive was facing a flood issue on the Nooksack River. The Executive was very concerned about just this sort of a dilemma. They questioned whether the Executive could spend the money and award the contract. It is difficult to call four people for a consensus when they need to buy and fill sandbags. Jeff Monsen, Public Works Director, stated it is common in a flood emergency that they are tracking the weather service and Army Corps of Engineers, who goes into emergency operation. The flood has to go above flood stage before there is damage. If the prediction is there, the Public Works Department engages the Executive and request a declaration so the County is prepared to act. They make the request when they are at a level in which they expect to see damage. Regarding the need for this provision, the department currently uses what the Council already approved, the annual equipment and material list, for decision - making. In those types of events, that exercise is not always fruitful because contractors are already engaged with other private individuals. Also, the Army Corps of Engineers may need the County's approval to participate in cost. Dawson stated she could understand it for fire, earthquake and flood. She would be more comfortable if the language better defined emergency. Imhof stated there has to be a declaration. The existence of a declaration is in the language already. Desler stated the administration would have an obligation to immediately tell the Council exactly the action taken in response to an emergency. If there is discomfort about any action taken, the Council would withdraw this grant of authority. Imhof moved to recommend approval. Motion failed 1 -1 with Crawford opposed. 3. ORDINANCE AMENDING THE 2000 BUDGET, REQUEST #6 (AB2000- 186) Brenner stated it sounds wonderful. That is what the County should spend its money on. Finance and Administrative Services Committee, 5/16/2000, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Imhof moved to recommend approval of the ordinance. Brenner stated she didn't get enough information to know what she was approving. Jeff Monsen, Public Works Director, began on Council packet page 77. Items three through six were discussed at the last work session. On Council packet page 79, item one was previously discussed at a work session and is regarding the water rights analysis with the Public Utility District (PUD). Item two hasn't been discussed specifically. Brenner questioned whether item two is regarding the fish biologist. Monsen stated the financial part of the biologist is not shown because the Executive has independent authority to make the financial transfer. This supplemental budget request creates the full -time equivalent (FTE) employee authority for the fish biologist. Brenner questioned what the funding is for, as referenced in item two on packet page 79. Monsen stated it is for the watershed project. All the money is relative to the U.S. Geological Service (USGS) and Utah State University (USU) phase I study and a significant portion of phase II. Bruce Roll, Water Resources Division Manager, referenced the first item on page 77. All staff positions in the Water Resources Division, excepting himself, are hourly, union positions. The activities of the watershed planning process require staff member participation during hours outside of normal business hours. This cost is to take care of the overtime incurred for these people to lead and drive the public stakeholder processes. Monsen stated that in the original budget for this year, he didn't envision the pace they work at. They have more meetings per week then they anticipated. Brenner questioned whether the overtime was for the union positions. Roll stated it is. Crawford questioned from what fund this comes. Monsen stated the primary funding source is received as part of the flood fund. Fifty percent of the flood fund is transferred to the Water Resources fund. That transferred amount is the sole source of funding for both of these supplemental budget requests. Going ahead with this watershed project and this supplemental budget request takes the fund balance down to about $360,000. They anticipate some supplemental budget requests later in the year. They will spend the fund down to about zero. Crawford questioned when the fund gets replenished. Monsen stated that when they extended the flood fee, any time a dollar comes in as a payment of property assessment, $.50 goes to the Water Resource fund. Crawford questioned the amount received per year. Monsen stated it is about $1.8 million for this year and the next two years. Finance and Administrative Services Committee, 5/16/2000, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Crawford questioned where the other 50 percent goes. Monsen stated it stays in the flood program. Crawford questioned the amount in that fund. Monsen stated that fund amount is close to $8 million. Brenner asked about item six on page 77 and why Planning and Development Services Department does not do it. Monsen stated that, based on the last work session, there was substantial support to deal with the GIS issues. This is a contribution from the Water Resources fund to the County's general work on this project. They are not going to spend it until they do the work. Brenner questioned why they are not putting the budgeting authority in Planning and Development Services. Monsen stated the budgeting authority is to budget the money out to whomever does the GIS work. Brenner asked if Public Works could end up doing the work. Monsen stated he hoped not. Brenner questioned why they don't put the money straight into Planning and Development Services. Monsen stated the County is not ready to designate what the expenditures will be and where the expenditures will occur. Because the Water Resources Division is doing this supplemental budget request, they decided to put their financial contribution in this budget so that, when someone in the County has the authority to spend it, they can make the transfer. If no one gets the authority to spend it, it will never be transferred. Brenner asked about section C2 on packet page 75. She questioned why they need to hire two facilitators instead of one. Imhof questioned whether this is a contract the County already has. Roll stated it is. Brenner stated she didn't support the amendment. Monsen stated the Consent Agenda includes a contract related to this item. Roll stated he had a discussion with the facilitators about the most efficient use of funds for their services. He brought forward a critique of the services at a previous work session with the councilmembers. The number of facilitators needed depends on the number of meeting members. This group has 18 or 19 people, which is a reflection of the sheer size of the Planning Unit. Brenner stated one person was doing clerical work. Roll stated Water Resources staff was doing any clerical work that is not cost effective for the facilitators. The quantity of clerical work has increased. One service that is provided is strictly clerical, such as taking minutes and writing summaries. The facilitators do the summaries for the Planning Unit meeting. Finance and Administrative Services Committee, 5/16/2000, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Brenner suggested using another word besides "shepherding" at the bottom of page 75. She didn't like the feel of the word. Roll stated they could change that word. Crawford asked how much of the money the Public Works Department gets to play with in terms of moving money around. Monsen stated the reason the numbers don't match is because they are amending the current budget authority. They don't have adequate budget authority in this category to deal with these facilitation services. They did budget an amount at the first of the year, and this request supplements that first request. When budgeted, they looked for facilitation services through end of May. The Planning Unit requested that the services continue. That is whey this has come forward. Crawford questioned where the $2,000 is. Monsen stated it is left over from the original request. Motion carried unanimously. COUNCIL "CONSENT AGENDA" ITEM 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN THE WHATCOM COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT AND THE OPPORTUNITY COUNCIL TO EXTEND COMMUNITY ACTIVITIES TO ASSIST ELIGIBLE INDIVIDUALS AND FAMILIES TO APPLY FOR MEDICAID AND ENROLL IN A HEALTHY OPTIONS MANAGED CARE PLAN, IN THE AMENDED AMOUNT OF $54,909, FOR A TOTAL CONTRACT AMOUNT OF $104,909 (AB2000 -190) Chuck Benjamin, Health and Human Services Director, stated this ongoing request began in 1998. It allows the department to continue the contract for a longer time because of increased funding. Funds were extended by legislation. Imhof asked if this is the money that the County is to receive. Benjamin stated it is. Brenner asked if the Opportunity Council has any data to show how this is working. Kay Guirl, Personal Health Services Manager, stated they started the program in about February of 1999, although funding was available prior to that date. Beginning last July, the department began enrolling families. They have enrolled 654 people. The number is growing more each month as the message gets out. For the rest of this year, they focus on establishing a sustainable system so community agencies can continue if the funding runs out. When applications have been received, three times the amount of the current enrollees turned out not to be eligible. Finance and Administrative Services Committee, 5/16/2000, Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Imhof stated that is less than $100 per person. Guirl stated the majority of the enrollees are children. They will also include the Child Health Insurance Program. Imhof moved to recommend approval. Motion carried unanimously. 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AMENDED CONTRACT BETWEEN WHATCOM COUNTY PUBLIC WORKS AND ROB KELLY AND MARY DUMAS TO PROVIDE FOR FACILITATION OF ADDITIONAL PLANNING UNIT MEETINGS AND SCHEDULED UNIT MEETINGS THROUGH DECEMBER 2000 FOR A TOTAL AMOUNT OF $41,910, WITH THE AMENDMENT AMOUNT BEING $26,950 (AB2000- 191) Crawford stated the facilitators get $30 per hour. When facilitating a meeting, they get $100 per hour. Roll stated that is lower than standard. He has seen those costs from others be up to $400 to $500. Imhof moved to recommend approval. Motion carried unanimously. 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND RE SOURCES TO CONDUCT A SHORELINE INVENTORY OF WHATCOM COUNTY, DEVELOPMENT OF GIS MAPS, AND A STRATEGY FOR PROTECTING SHORELINE HABITAT IN THE AMOUNT OF $22,250 (AB2000 -192) Roll stated this is part of the early action grant funding mechanism as part of the Northwest Straits Commission. The proposal by the Marine Resources Committee (MRC) is to create and do this audit to prioritize the work relating to shoreline habitat. It identified data gaps. There is a lot of information within the County, the state Department of Natural Resources, and other agencies. They need an agency or group to pull the information together in a consolidated form, identify data gaps, and identify the priority areas for protection with the Port of Bellingham. Imhof asked if the GIS portion would be consistent with the County's GIS. Roll stated it would. That condition was written into the contract. Crawford asked if this was put out for bid. Roll stated there was a request for proposal (RFP) process. There is an individual on the committee who is part of the group bidding on the contract. During the deliberations, development of the RFP, and the selection process, the individual did not participate. The staff went out through the County's RFP process. RESources was the only bidder. One MRC member is an employee of that company and will contribute to the work done in this process. There were no other contractors. The MRC felt comfortable with the level of service the company could provide to accomplish the work. Imhof asked why there was only one proposal. Roll stated the activities are ambitious and there is not a lot of money. They will rely heavily on existing Finance and Administrative Services Committee, 5/16/2000, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 volunteers. Quality assurance is a big piece of it. Oversight will be by others. Planning and Development Services Department will be involved to make sure it is in line with existing shorelines. Crawford questioned the nature of what they are going to put together. RESources employees frequently take strong subjective positions in the local press and media regarding the state of the local waters. He struggled with the idea that they would now be hired by the County to provide objective information. Brenner stated what they do as a group is objective. Crawford stated the director of RESources wrote an email that was published locally in the paper during the Frank James thing that said it was an opportunity to throw the Council out. He often sees things written by Dupre in the Whatcom Watch about the crisis they are in. He gets the feeling that the organization has taken a position in the community about being at a crisis point. He is concerned about asking them to take on a level of objectivity. Roll stated they have councilmembers on the MRC, including Connie Hoag and Barbara Ryan from the City of Bellingham. There is a cross section of stakeholders that are on the board. It is a collective group that is responsible for the oversight of the project. It is their project. Imhof questioned whether it goes back to the Council. Roll stated the Council would get updates at the monthly meetings. Crawford questioned the product they would produce. Roll stated they would help prioritize where they need to devote their collective efforts in terms of protection, preservation, and restoration of shoreline habitat. Part of that is done in conjunction with the Bellingham Bay pilot study. One of the first steps is to identify priority areas and types of data to bring in for contemplating their actions. At same time, they've looked at the available data. It was compiled through in- kind services provided by the Port of Bellingham and compiling the existing information through DNR and various agencies. Crawford stated this is not a collection of data, and asked if this is a prioritization of data. Roll stated that is correct. Crawford stated that exacerbates his concerns. Roll stated that work is not being done by RESources. It is being done by the in -kind services provided by the Port of Bellingham. The two areas RESources will be involved in is participating in conducting shoreline inventories for information on substrate type, vegetation, invasive species, bluff and bank characteristics, and the characteristics of the data needed. They will also provide the public education and involvement through the volunteer groups and the open house that is scheduled for the end of the process, as they lay out the findings. Brenner stated RESources has an incredible reputation. They have received a lot of state and local awards over the years. There are enough checks and balances, and the County is getting a lot of product for the money. This is their area of expertise. The County hires people all the time from all over the philosophical spectrum. She wouldn't want to see private non - profit organizations Finance and Administrative Services Committee, 5/16/2000, Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 be restricted from saying and doing whatever they want without the potential of being bumped off a contract. Crawford asked where the MRC turns if the County chooses not to contract with RESources. Roll stated they would have to look for other private contractors. Dawson asked if RESources only does task three. Roll stated the company does task three and task four. Brenner stated the County has hired RESources to do public education before. Roll stated RESources does it also with solid waste. Imhof moved to recommend approval. Crawford abstained to think about it until the evening meeting. Imhof stated his vote would be for approval. He hoped there is enough oversight from the group to ensure that valuable information is brought forward. Motion failed for lack of a majority approval. 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND ECONOMIC AND ENGINEERING SERVICES, INC. (EES) FOR CONSULTING SERVICES IN DESIGNING IMPROVEMENTS TO ROAD MAINTENANCE AND ROAD CONSTRUCTION PRACTICES, CONSISTENT WITH CURRENT EFFORTS TO PROTECT THE LAKE WHATCOM WATERSHED, IN THE AMOUNT OF $25,766 (AB2000 -193) Jeff Monsen, Public Works Director, stated they decided to put together a contract to look over Public Works' shoulder for things it can do differently and better, knowing they are moving into doing road maintenance in the Lake Whatcom watershed and because EES is already under contract for work with the stormwater program. This is relative to Lake Whatcom and the chip seal program. As they get into that work, they could see that EES would be an asset to provide overview to help deal with making adjustments in how bridges drain and an overlay project on Lake Whatcom Boulevard that is right on the water. They would also like to look for treatment alternatives that could be incorporated into that project to deal with the potential water quality conflict. The department is asking the Council to extend the services so it can go further into the chip seal program in the Lake Whatcom watershed and other special cases. Brenner asked why they are hiring a firm from Seattle. Monsen stated there are firms in the area that do the work. As they move forward with the overlay project, issues will be complicated enough that they will likely hire consultant support. That will come from a local firm. He is asking these people to do basic research via the internet, their archives, phone contacts, and other contacts. He Finance and Administrative Services Committee, 5/16/2000, Page 8 1 wants this firm specifically because of its knowledge of Lake Whatcom in general. 2 It is the prime contractor in the County's stormwater program. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Brenner asked if this was done with a request for proposals (RFP). Monsen stated this is an extension of their current contract. (Clerk's Note: End of tape one, side A.) Monsen stated the original contract done with an RFP. Imhof moved to recommend approval. Motion carried unanimously. OTHER BUSINESS Dewey Desler, Deputy Administrator, stated the administration would soon bring forward a request for a supplemental budget regarding additional legal work for the I -99 declaratory judgement. The County is now engaging Paul Koontz. The issue is before federal court. The administration will seek additional funding of around $12,000. The Council has, to date, appropriated approximately $30,000. The administration will recommend authorizing Mr. Koontz to carry forward. It does call for additional legal assistance. The timing is such that they need to respond rapidly and effectively to legal issues before the court. Imhof asked how long it would be drawn out. Desler stated it will hopefully come in at the middle of this week. He has no way to get an accurate indication. Brenner stated that is why the County should go ahead and do the enforcement. She didn't think the County had all the information originally. If this languishes in court, the County will pay a deductible and be covered. Desler stated administration is working on the Civic Center building. It will bring forward an agreement with an architect. The work is two - pronged. The first prong is to examine the Health Department, including its needs, programs, and staffing, to determine how to best place them in the building. The second prong is to examine the Americans with Disabilities Act (ADA) issues, including mechanical, structural, and electrical review. From that comes the cost estimates. That process and work will be brought to Council at the May 30 meeting. The administration found $10,000 from various places to support that work. The total cost is about $21,000. The administration will ask for a supplemental budget request from the fund established for the Civic Center building. Brenner asked for informantion on what has already been spent. If a lot of work is required to make the building ADA accessible, the County should look at other alternatives besides the Civic Center building. Desler stated they've spent money on the purchase and maintenance to date. When the administration comes back with the entire program, options, and recommendations, it will include that information. Finance and Administrative Services Committee, 5/16/2000, Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Desler stated another issue is that approximately every three years an emergency is declared. Every other emergency that occurs, the administration seeks to spend money. There is a code proviso that allows the Executive to waive the bidding process during that period of time. It has been interpreted, not exactly correctly, that it applies to both bidding and contracting. The administration wants to make the bidding and contracting provisos consistent. Imhof stated that happens now. The bid is awarded. The question is whether the Executive has the authority. It is a gray area. Other areas do this as a matter of course. This would bring the code in line with what the state law allows. Brenner stated she liked the check and balance of getting authorization from the Council. The Council can call a Council meeting in 24 hours. That is not too much to ask for. They are already avoiding the bid process. Crawford stated they are talking about a situation when they need to make a decision in one hour. Dave Grant, Senior Civil Deputy Prosecutor, stated he got stuck with the last emergency call three years ago. They ran into this gray area. They struggled with the issue of having to buy sandbags and plug the dike. It was a quandary for the Executive. The administration is trying to fill in the gap. He read from the County code, section 3.08.060(E). Imhof stated this stems from the fact that Whatcom County has a Home Rule Charter. Other counties have commissioners. The administration and legislation of those counties come from the same people. There is a conflict in the County. Desler stated the administration is prepared to follow the County Council's policy. He is willing to develop policy that covers the circumstances and situations that result in an emergency and how that would be declared. Everyone wants to use good solid business practices as they purchase and contract for services. The administration wants to be prepared to act expeditiously in an emergency. There is a question in his mind about the capability of the County, given its current procedures, to adopt certain things with only four votes via the telephone. Imhof questioned the problem they are trying to fix by allowing it. He hasn't seen any problem in the past. This just clarifies the County code to coincide with what the state allows and with what is done in almost every other county. Crawford stated his concern is that they make good policy for the future. Citizens have told him the County has a strong County Executive system right now. They have concerns about that system. He is cautious about authorizing unlimited spending capability. The concern has nothing to do with his feelings about Executive Kremen specifically, or how good a job he does. It is setting up a system of checks and balances that is good policy. Imhof stated those checks and balances are already embedded. If an executive messes up once, the Council can remove the authority. Brenner stated she liked the idea of setting up a policy defining what is considered an emergency. She also liked the idea of being able to halt something Finance and Administrative Services Committee, 5/16/2000, Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 before too much money is spent. It may only take one instance for a lot of money to go out of the County. McShane stated the Council could always remove the authority. He suggested that any emergency expenditure come before the County Council for review, even if it is after the fact. (Clerk's Note: McShane left the meeting.) Desler stated the next issue is the County's intervener status in the Energy Facility Site Evaluation Council (EFSEQ proceedings. The legal counsel is requesting additional consultation that requires extra money amounting to $2,000. The request will be in next week's agenda. Imhof stated a concern that Mr. Grant requested a two -month extension without Council's approval. Dave Grant, Senior Civil Deputy Prosecutor, stated he wanted to discuss the progress of the intervention in executive session during Committee of the Whole. The Council wanted legal counsel to look into the potential noise impacts of the site. He could not find anyone within the County's employ or locally with expertise to do that. An engineering firm will look at data acquired through discovery from the applicant for $1,000. The second $1,000 would be $100 per hour for the consultant's time and travel to testify if necessary. Desler stated they want to get a sense from the Council about whether or not spending the extra $2,000 is okay. Brenner stated they have the people on the Council to approve it. ADJOURN The meeting adjourned at 1:17 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, 5/16/2000, Page 11