HomeMy WebLinkAboutFinance May 16 20001
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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