HomeMy WebLinkAboutFinance September 26 20001
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WHATCOM COUNTY COUNCIL
Finance and Administrative Services Committee
September 26, 2000
The meeting was called to order at 12:00 p.m. by Committee Chair L. Ward
Nelson in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Also Present: Absent:
Sam Crawford None
Robert Imhof
OTHER BUSINESS
Fred Sexton, Economic Development Council (EDC) Director, gave a
presentation on the state of economic development in the community. There are
four functions of economic development: attraction, expansion, formation, and
retention. The EDC focuses primarily on the attraction, expansion, and formation
functions.
The goal of the EDC is to improve overall income in the county through
promotion and encouragement of business investments. The objectives are
business attraction, expansion, and formation. The types of businesses that the
EDC services are all non - agricultural standard industrial classifications except retail
and personal services. The targeted business sectors are telecommunications,
internet - related services, front and back office operations, business services, and
light manufacturing.
To do this, the EDC put together and is implementing a campaign called
Marketing 2000. It started in May. The purpose was to create awareness of
Bellingham and Whatcom County, pursue the targeted business sectors, and send
messages from business executives in the county to the targeted businesses. They
formed an advisory committee that talked with the EDC about the county's
attributes that would be key for the types of businesses they are trying to attract.
Those attributes are lifestyle, telecommunications infrastructure, education,
workforce, and location. The program has been a series of print ads that have been
run in the Puget Sound Business Journal over a 26 -week period. They are also
preparing a list of contacts of targeted industries with their email addresses. They
will send webmail directly to the executives in those companies. Webmail is where
one receives and opens an email, and is automatically on the internet.
They've been constructing a brand new website that will contain much more
information and be more interactive. That website should be up next month. They
are in the process of creating a new brochure to go along with the campaign. The
brochure should also be available next month.
In the meantime, they are planning the next marketing campaign, Marketing
2001. They are currently in the process of preparing a feature article that will be
shopped to national publications such as USA Today or the Wall Street Journal. It
is a major article being written by a local journalist about Whatcom County's
attributes.
Finance and Administrative Service Committee, 9/26/2000, Page 1
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Marketing 2001 targets locations beyond the Seattle area. The current
marketing campaign is focused on the Seattle area. They are looking at the areas
of Silicon Valley and Vancouver for print ads and other promotional activities.
They are also in the process of planning the second annual Tele -Tech
conference. They held one last year in October. The theme for Tele -Tech 2001 is
electronic business -to- business. They will promote attendance up and down the
West Coast. The conference will have two tracks of presentations. One track is for
business and the other track is for technical people. They will have three keynote
speakers who will give an overall perspective on what is happening business -to-
business electronically. They will have exhibitors, an internet cafe, and a
multimedia demonstration in the exhibit area.
They've had a Telecommunications Solution Group for three years. The
purpose for that is to encourage more telecommunications infrastructure, improve
services, and help attract technology -based businesses. They produced a county
telecommunications report that contained a map showing all the fiber -optic routes
in the county. They are the only county to have such information. That report is
being updated to be presented at the next Tele -Tech conference. They use it as a
promotional tool as well. Telecommunications providers have participated heavily
in this group. They are all expanding or investing in the county. They include three
new companies: Avista, Fairpoint, and ATG /Shared Communications. One of the
biggest things that has happened in the county is the creation of FiberCloud, a co-
location center that provides space for computer servers for companies who want to
place their servers there and get directly on the main highway. It is helping to
attract many businesses. Avista Communications has also constructed a small co-
location center.
To attract the companies they've been targeting, venture capital is very
important. A lot of the companies are start -up companies. Usually, those types of
companies go where the venture capitalists are. They've encouraged the creation
of venture capital resources here. Trillium Corporation is in the process of creating
a new venture capital company. They've also dealt with outside venture capitalists
Cascadia and Fluke, who are interested in being active in Whatcom County. At the
Tele -Tech 2000 conference, there will be a special session on venture capital for
business people to interact with the venture capitalists. The people involved in that
will include others from the Seattle area.
Recently, they helped create and promote "The Hive," an evening get -
together for entrepreneurs and venture capitalists. There is no format. It is a
matter of exchanging business cards. The first one was held the second Thursday
in September. One will be held the second Thursday of each month. They will be
held at the Bellwether Hotel.
The EDC recognizes the need for office space in the county. In dealing with
the different companies, they've found that desirable office space is limited. It's
been difficult identifying possible spaces. They've pushed the idea that more office
space needs to come online. To help push that program along, they've begun the
process of researching and collecting information to put out an office space report,
to be available in October. They are looking at "smart buildings." They are looking
at the current office space availability. They are identifying each office building
around the county and will measure those buildings according to whether or not
they are "smart." They are going to create a map that will show the locations of
Finance and Administrative Service Committee, 9/26/2000, Page 2
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the buildings and the types of services that are available nearby, particularly
telecommunications infrastructure and other amenities such as parking and
restaurants.
They've worked with ApplicationsStation.com, which is an application service
provider. That is a service in which a company can do its computer processing over
the internet, so they don't have to buy the software to put into their computers to
do what they need to accomplish. They can do it directly over the internet. There
is an association of application service providers (ASP). They've agreed to have
their annual conference in Whatcom County. They are working with
ApplicationStation.com to make Bellingham and Whatcom County the destination
community for the ASP industry. The ASP industry is so new that it doesn't have a
central community where it is located.
Finally, the new and expanded 2000 investment activity includes
ApplicationStation.com, Nortec, PentaStar Communications, Sprint PCS, FiberCloud
and Terra Graphics, Attachmate, CSS Wireless, PostPoint Software, Aventail, Avista,
and VoiceStream Wireless. Attachmate, which opened late last year, is the second
largest software development company in the State of Washington. They are
currently looking for 19 new employees, all of who will earn close to six figure
salaries.
Current prospects for new investments include Communications Support
Center (VoiceStream), a biotech firm, an internet business assistance center that
will have services connected to FiberCloud, a helmet warehouse and distribution
center, a prefabricated building units manufacturer, a hiking and climbing gear
manufacturer, a hovercraft manufacturer, and a power supply equipment
manufacturer.
Crawford questioned whether VoiceStream converted an old retail store. He
questioned whether they are looking for another similar building or to build a new
building. Sexton stated they are looking for an existing building because of the
speed they want to have to get into the building.
Crawford asked if there are any empty buildings that will work for them.
Sexton stated there are two buildings they are interested in. One of those buildings
is the old Caitec building.
Nelson questioned whether the EDC and the Chamber of Commerce are
working together to not duplicate efforts. Sexton stated they are working together.
Nelson stated the EDC is working on attraction, expansion, and formation.
He questioned whether the Chamber is working on the fourth element. Sexton
stated the Chamber is working on the business service center, which is a static
facility that provides a library, information, computers, and desks for business
people to use. The EDC has a track record with the Chamber to refer different
companies to the EDC. The Chamber is focused more on retention. The EDC is
currently talking with the Chamber of Commerce about that.
Nelson stated one area expanding in telecommunications is marketing
websites. The areas where that has been effective are areas with network access
points. There are five now in the U.S. He questioned whether that is feasible here.
Sexton stated the area is too small right now. However, with the co- location center
Finance and Administrative Service Committee, 9/26/2000, Page 3
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locating here, they have a direct shot to the network access, which is in Seattle and
Vancouver.
Nelson asked about the office space. He questioned what role the County
can play in the shortage of adequate office space. Sexton stated it depends on the
location. If some are in the county, then basic infrastructure is key. Office space
refers to a building designed for activities not designed for manufacturing.
Businesses need entire buildings.
Hoag stated the EDC now says that it services all non - agricultural standard
industrial classifications. She was very concerned with that. Agriculture is one of
the largest industries in Whatcom County. The County benefits tremendously from
that and from the spin -off jobs that it creates. The EDC should attract industries
that are supportive of agriculture and that can assist the economy they have. She
wanted more focus on the businesses that are already located here. That was
stressed at an EDC luncheon years ago, but that isn't what she observes. The
people already here should be the number one target. Agriculture should be a
priority. Sexton stated non - agricultural industrial classification includes processors,
but not farmers. They would assist processors. Expansion is definitely a focus.
They are trying to help companies expand here.
Dawson stated farmers have government agencies assist them. She
questioned what parties they are accessing for their information on the office space
report. Sexton stated they are talking with the real estate community and building
owners. People who don't live in the County own many of the buildings.
Brenner stated she sees the realtors with their spaces at the mall. She asked
if they are trying to fill some of the empty stores at the mall. Sexton stated he
would love to do that. Councilmember Hoag contacted him about the old Future
Shop space and other spaces.
Brenner stated the mall would be a good place for people to get in and out
of. Sexton stated it would be good for a smaller business. For promoting the office
space, the new web page would show all office spaces available.
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.108,
COMMISSION AGAINST DOMESTIC VIOLENCE (A62000 -324)
Imhof moved to recommend approval. This is to clarify language in the
ordinance to allow the court commissioner to appoint a representative.
Dewey Desler, Deputy Administrator, stated the Mayor and Executive are
interested in seeing the program succeed. They haven't adjusted the budget for
the program for this year, but the intention is to find the money to do that.
Motion carried unanimously.
Finance and Administrative Service Committee, 9/26/2000, Page 4
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2. ORDINANCE AMENDING THE 2000 BUDGET, REQUEST #11 (AB2000-
325)
Imhof moved to recommend approval.
Nelson stated the original revenue for Health and Human Services contract
was for $70,000. They are only going to use $63,000. The remaining $7,000
would offset the net results to the juvenile contract, which is a mental health
contract. His only concern was that this money might be supplanted from
substance abuse to mental health, but that is not the case because they are using
current expense dollars, not dedicated funding sources. He also discussed with Mr.
Benjamin his concern about using County dollars on the juvenile mental health
condition. He would take that concern back to the North Sound Regional Support
Network (NSRSN). They may be able to create a cohesive effort in the region to
work on the mental health issues with juveniles.
Brenner stated the County should explore the possibility of withdrawing from
the NSRSN. It adds one more layer of bureaucracy. She has been on the Mental
Health and Developmental Disabilities boards for nine years. Regional support
networks are not doing much besides adding layers. She would like to use the
dollars directly on the services.
Nelson stated that very few counties serve as their own RSN.
Motion carried unanimously.
COUNCIL "CONSENT AGENDA" ITEM
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #00-
93 TO THE LOWEST RESPONSIVE BIDDER, KENWORTH NW, TO
PURCHASE A REPLACEMENT TEN -YARD DUMP TRUCK FOR USE BY
WHATCOM COUNTY PUBLIC WORKS ER &R IN THE AMOUNT OF
$109,930.68 (AB2000 -329)
Nelson stated he received a memo from the Building Industry Association
(BIA) about exploring other opportunities for utilization of the vehicle.
Mary Green, Equipment Revolve and Rental (ER &R), stated she was
requesting Council support. The truck is ready to retire.
Nelson asked the time of year they are using the vehicle. Green stated they
are using the vehicle all year long.
Nelson stated he was intrigued by the idea of partnering. It is reasonable to
look at, when appropriate. He questioned whether the County has looked into
using vehicles in the industry. Green stated they have. They run off the outside
equipment rental request for proposals (RFP) very often. It covers everything from
dump trucks to excavators to loaders. The RFP for next year is out now.
Finance and Administrative Service Committee, 9/26/2000, Page 5
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Nelson asked how many dump trucks are in the fleet. Green stated there are
12. They are all set up for snowplowing, hauling rock, and emergencies.
Brenner asked how many miles have been put on the truck in the last two or
three years. Green stated it has been used consistently over the last years.
Brenner asked if it would be better to wait until they are done with the RFP
before making a decision on whether to buy one. Green stated that RFP goes out
every fall. These trucks are set up to haul rock and plow snow. They are set up
with extra heavy boxes. That is a big issue with them.
Imhof stated they have a certain number of crews that use a certain amount
of equipment. They decided that 12 was the number of trucks to keep in the fleet.
It has been working. The roster going out now for other equipment goes out every
year. It services the level of equipment above and beyond what the County owns.
They kicked this idea around many years ago, and nothing has changed since,
unless they want to reduce the number of crews they have. The other truck has a
lot of miles and is in need of replacement. He moved approval.
Crawford questioned whether the County does its own maintenance. Green
stated yes, but not heavy maintenance.
Crawford asked if all trucks are Kenworths. Green stated no.
Crawford stated an important factor in the purchase is to be consistent in the
make of vehicle. Green stated that state law says they have to purchase from the
lowest responsive bidder.
Crawford asked if the fleet consists of a hodge podge of vehicle makers.
Green stated it is.
Imhof stated each maker uses the same components with a different body.
All components come from a handful of mechanical manufacturers.
Crawford asked if the bid specifies the types of engine, for example. Green
stated they do have those standards in the specs.
Brenner stated they did make this decision a long time ago. They need to
review those decisions. Regarding whether it would reduce the crew, she's heard
for years that people have to work overtime. They could say that nothing is to
reduce the crew. In the future, they could do leasing to private companies.
Anything done could be by attrition. She didn't have any intention of reducing
crews, but intends to lease to the private sector if it reduces costs.
Nelson stated the Finance Committee objective is this contract. If the
Council wants to look at an alternative venue, do that in Public Works Committee.
Crawford stated there is another bid out there for emergencies to call onto
contractors. Green stated it is not for emergencies. It is to partner with the
outside contractors for equipment the County doesn't have, above and beyond what
the County has to do.
Finance and Administrative Service Committee, 9/26/2000, Page 6
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Crawford asked if Mrs. Green's opinion was to keep the fleet at 12. Green
stated they are down two dump trucks. She worked with the Council and private
industry to determine if they wanted to go down any further. They've had a
difficult time acquiring some of the equipment
Crawford questioned whether they tried to contract with people to handle
snow emergencies. Green stated yes, but there are few in the county, and they
have a hard time getting the bidders to respond because they get paid more by
private people during a snow emergency.
Crawford asked about this equipment. Green stated there are a few V -plows
in the county, and most respond to the dairies.
Tim Reid, Building Industry Association (BIA), stated it is necessary that the
partnering be explored a little further.
Nelson questioned why it is necessary. Reid stated partnering with local
companies encourages the County to support jobs and industry. It keeps the
money here. It may be more cost effective to lease.
Nelson stated the County has been looking at that for years. He questioned
whether Mr. Reid is saying the County is not doing it adequately. Reid stated it
may be more cost effective than looking at the long -term cost of having an
additional dump truck.
Green stated the low bid this year is a local vender. They are keeping the
money in the county. She believed they've put a tremendous effort forward to
partner with the private industry.
Nelson asked how Whatcom County compares with other communities.
Green they are the same as like -size counties. This is a replacement, not an
addition, to the fleet.
Jaime Henifin, Henifin Construction, read a list of the equipment in the bid.
They are covering a whole board of what they want pricing on, on an as- needed
basis. His family has been involved in this for 30 years. They submit to this RFP
every year. They get a call for one or two trucks when there is a storm. They've
never been called in the summer time.
(Clerk's Note: End of tape one, side A).
Henifin stated equipment is available in the county. No one else has twelve
trucks in a fleet.
Nelson stated those companies deal with one project at a time, not several.
Henifin stated he does multiple projects.
Imhof asked how many plows Mr. Henifin has. Henifin stated he doesn't
have any. The City is using graders and loaders to move snow.
Imhof stated it is different in the County, where there are 1,000 miles of
roads to plow. Graders and loaders are not the fastest mechanism.
Finance and Administrative Service Committee, 9/26/2000, Page 7
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Henifin asked if spending $109,000 on something to plow snow is
reasonable.
Imhof stated that the County gets 450,000 miles in 20 years.
Henifin asked who does maintenance on the machine, and questioned the
amount of money spent on maintenance
Imhof stated there is a maintenance program that takes that into
consideration.
Brenner stated this isn't about a debate. It shows that there are different
ways to do this. The people in the county shouldn't expect to be plowed as quickly
as the people in the city. The committee should table this until it gets more
information. She questioned the crew this requires and the overtime used already.
She wanted the documentation of overtime.
Nelson stated the motion is on the floor.
Motion failed 1 -1 -1 with Crawford opposed and Nelson abstaining.
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #00-
96 TO THE LOWEST RESPONSIVE BIDDER, DIEHL FORD, TO
PURCHASE A REPLACEMENT ONE -TON CAB AND CHASSIS TRUCK FOR
USE BY WHATCOM COUNTY PUBLIC WORKS ER &R IN THE AMOUNT
OF $35,250.93 (AB2000 -330)
Mary Green, Equipment Revolve and Rental (ER &R), stated this is a shop
truck to respond to crews who are broken down in the field.
Nelson moved to recommend approval.
Brenner questioned the number of these in the fleet. Green stated they have
two shop trucks.
Motion carried unanimously.
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
AMENDMENT NUMBER 4 TO AN INTERLOCAL AGREEMENT BETWEEN
WHATCOM COUNTY AND THE CITY OF BELLINGHAM TO ESTABLISH
PROCEDURES FOR PROCESSING COMPREHENSIVE PLAN
AMENDMENTS WITHIN THE BELLINGHAM URBAN GROWTH AREA
(AB2000 -248A)
Sylvia Goodwin, Planning Division Manager, stated the issue was that the
original proposal was to split the fees 50 -50 with the City of Bellingham. The
County Council directed it to be a 40 -60 split for the County. The City came back
with a counter - proposal to split the fees 50 -50, but subtract the fees for SEPA
review and the amount to mail out notices and advertise. That was the County's
original concern. She thinks it is fair, and recommends approval.
Nelson asked about the water resource protection area as a status. Goodwin
stated there was a joint resolution in 1992 that established Lake Whatcom as a
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drinking water reservoir. Another resolution dealt with a Lake Whatcom interlocal
agreement on how planning would be done. It did not use the term "water
resource protection area." The County recently adopted a zoning overlay
recognizing the lake as a water resource protection area. The Comprehensive Plan
has several policies on the water resource protection area.
Nelson asked if the Comprehensive Plan uses the term "water resource
protection area." Goodwin stated it uses other terminology.
Nelson asked what they refer to when the public asks the status of the lake.
Goodwin stated the overlay zone designates it as a water resource protection area.
There are special requirements on the zoning and land use regulations, such as
stormwater and impervious surfaces.
Brenner stated she was not comfortable with 50 -50 split. It should say that
50 percent of the remaining fees shall be forwarded to the City of Bellingham upon
annexation. Goodwin stated it is not upon annexation. It is now.
Brenner stated she didn't want to give the City of Bellingham 50 percent of
the fees now. There is no incentive for them to move forward on things because
they've got no money tied up in anything, and they are getting a lot of the money
back up front. The City does this all the time. The County needs to give the City
more incentives to do annexation. Goodwin stated the money is to defer the cost
of the City's staff processing a rezone. The City prefers not to ever do any rezones
in the urban growth area (UGA) and just leave it as it is. Since the County wants to
respond to citizen applications, the County needs to have a joint process.
Brenner stated that isn't always true. Sometimes the City takes the choice
stuff. Goodwin stated that this isn't for annexation.
Crawford moved to recommend approval of the staff recommendation.
Motion carried unanimously.
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY HEALTH AND
HUMAN SERVICES DEPARTMENT AND WEBBSTARR TECHNOLOGIES,
INC. TO PROVIDE FUNDING FOR PURCHASING, INSTALLATION AND
SUPPORT OF A SOFTWARE SYSTEM THAT WILL ADDRESS AUDIT
FINDINGS RELATED TO ENVIRONMENTAL HEALTH PROGRAMS IN THE
AMOUNT OF $66,420 (AB2000 -331)
Imhof moved to recommend approval.
Nelson stated they need to make sure the system is going to work. He asked
if this could tie in with the County system.
Chuck Benjamin, Health and Human Services Director, stated he understood
that it would. It is written in Microsoft Access. They can build an interface between
this and the JD Edwards system. They will have to do some customization.
Nelson asked if this is the same system as was proposed a year ago.
Benjamin stated it is not. That was a medical model. This is an environmental
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health system used elsewhere. They contacted other users and had a
demonstration of the system.
Nelson restated the motion.
Benjamin stated this is where they usually try to use flexible funding from
state, but they still have to tie it back to the health standards from the state.
Hoag stated she would like to meet the audit, but it seems pricey. She
questioned whether they could share something with another department.
Benjamin stated this software is more than just billing software. It was built as an
environmental health component and was built around the programs. It can figure
out special application and permit fees. The onsite system will have the plat number
and design in the computer. It is very specific.
Motion carried unanimously.
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN WHATCOM COUNTY JUVENILE SERVICES
DEPARTMENT AND HOME PORT LEARNING CENTER TO PROVIDE
EDUCATIONAL SERVICES FOR COURT INVOLVED YOUTH, FUNDED
THROUGH STATE REVENUE SOURCES IN THE AMOUNT OF $60,000
(AB2000 -332)
Imhof moved to recommend approval.
Nelson asked how many are going through the program.
Steve Paus, Juvenile Court Administration Director, stated there is a
difference in the student population this year. Fifty -two students served last year,
and 39 served this time. The length of stay increased from four months to five
months. There is a drastic reduction in offenses by students attending Home Port.
The program improves every year. It has a positive impact on the intended goals.
Motion carried unanimously.
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT, BETWEEN WHATCOM COUNTY JUVENILE
SERVICES AND NORTHWEST CARE ADVOCATES TO PROVIDE
IMPORTANT EMERGENT - COUNSELING SERVICES TO DETENTION
CENTER YOUTH, IN THE AMOUNT OF $18,000 ($15,000 OF WHICH IS
INCLUDED IN SUPPLEMENT BUDGET #11 AND $3000 FROM EXISTING
JUVENILE COURT RESOURCES), FOR A TOTAL CONTRACT AMOUNT OF
$33,000 (AB2000 -333)
Nelson stated this includes a $15,000 supplemental for a total of $33,000.
Crawford moved to recommend approval.
Motion carried unanimously.
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES CONTRACT BETWEEN WHATCOM COUNTY
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eight.
JUVENILE SERVICES DEPARTMENT AND JOHN DAVIS, M.A. TO
PROVIDE SEX OFFENDER EVALUATION AND TREATMENT FOR
CERTAIN ELIGIBLE OFFENDERS, IN THE AMOUNT OF $25,000
(AB2000 -334)
Imhof moved to recommend approval of this item and consent agenda item
Nelson asked why there is a difference in prices.
Steve Paus, Juvenile Court Administration Director, stated Rick Ackerman has
a different status of certification. He supervises and has another level of
responsibility.
Nelson asked if this goes out for a bid. Paus stated it does.
Nelson asked if the request for proposal (RFP) asks for the higher level. Paus
stated the RFP asked for a breakdown of the costs of a variety of the services.
Ackerman is the only one in the community that has the level of the numbers of
hours of experience to do supervision. There is no other provider.
Nelson questioned whether they need the service that Ackerman is providing.
Paus stated they do.
Motion carried unanimously.
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES CONTRACT BETWEEN WHATCOM COUNTY
JUVENILE SERVICES DEPARTMENT AND RICK ACKERMAN, M.A. TO
PROVIDE SEX OFFENDER EVALUATION AND TREATMENT FOR
CERTAIN ELIGIBLE OFFENDERS, IN THE AMOUNT OF $30,000
(AB2000 -335)
See the previous item.
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY
AND WALKER & ASSOCIATES TO PERFORM AERIAL MAPPING OF LAKE
WHATCOM, IN AN AMOUNT NOT TO EXCEED $69,965 (AB2000 -336)
Bruce Roll, Water Resources Manager, stated they had some problems with
coordinating the aerial mapping portion. There are two pieces that have to be
gathered. One piece is the sounding information, which has been collected. There
is also the aerial mapping that maps the portion of the lake from the surface of the
water up. That needs to occur in the autumn, when the leaves go off. The contract
would be coordinated through his office to make sure it happens in a timely
manner. They need to do it timely to get this stuff going.
Nelson asked if it is to determine water levels regarding withdrawal. Roll
stated the information is needed in the Water Resource Inventory Area (WRIA)
planning and for the Lake Whatcom watershed work that is being done. It will be
used in a number of venues. It will address withdraw issues as well
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Nelson stated they approved this last year. Roll stated that was correct.
Nelson moved to recommend approval.
Roll submitted a substitute contract document.
Nelson asked if Finance Manager Brad Bennett looked at the substitute
document.
Roll stated Senior Civil Deputy Prosecutor Dan Gibson looked at it.
Nelson questioned whether the County usually does an interest payment on
invoices.
Brad Bennett, Finance Manager, stated they don't. The County usually pays
them on time.
Hoag stated the original agreement was to share the cost with other
governments. Roll stated this was originally a County contract paid for by the
County.
Hoag stated the packet paperwork had a total of $99,000 and the County
share was $74,000. Roll stated there is some in -kind work given by the Bureau for
their portion of the work. That is the difference.
Hoag stated other governments were involved in the joint funding, according
to his memo. This is less than the $74,000 the County was going to pay. She
questioned whether joint funding was involved. Another question was about the
$99,000 that the County pays the Bureau. She questioned whether they still collect
any of that, and if the services exactly the same. Roll stated they are exactly the
same. Once data is collected, it is molded into the bathymetric map. The Bureau
would continue to do that. This is just that segment of the aerial mapping. They
had trouble getting coordinated through the Bureau to get it done in the window of
opportunity that they have.
Nelson stated this maps the elevation contours of Lake Whatcom. Roll stated
they will have a better estimation of the quantity of water in Lake Whatcom.
Motion to approve the substitute contract carried unanimously.
10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND
REICHHARDT AND EBE ENGINEERING, INC. TO INCREASE THE SCOPE
OF WORK FOR WATER- RELATED DESIGN ISSUES MANDATED BY ESA,
IN THE AMENDMENT AMOUNT OF $15,000 FOR A TOTAL AMENDED
CONTRACT AMOUNT OF $101,030 (AB2000 -337)
Mike Roberts, Public Works, stated this contract opened in 1998, before the
salmon or bull trout listing.
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Imhof moved to recommend approval.
Motion carried unanimously.
11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY
AND NORTHWEST SURVEYING & GPS, TO PROVIDE ON -CALL
SURVEYING SERVICES FOR PUBLIC WORKS RIVER AND FLOOD
SECTION PROJECTS IN THE AMOUNT OF $75,000 (AB2000 -338)
Imhof stated this is an amount up to $75,000.
Nelson asked why there are two different surveyors.
Dick Prieve, Assistant Director of Operations, stated they had proposals from
five surveyors. They picked the best two in case it gets extremely busy during a
flood.
Nelson questioned whether they are equal in the amounts they charge.
Prieve stated they are the two lowest bidders. The department looks more at their
expertise and past performance than the price per hour. Both firms worked with
the County in the past.
Nelson asked if the County uses $150,000 to do surveying. Prieve stated no.
They probably use less than half of that. They put that number in because of the
jobs that are pending. They can hopefully roll it over so they don't have to come
back to the Council.
Imhof moved to recommend approval of items eleven and twelve.
Motion carried unanimously.
12. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY
AND PACIFIC SURVEYING & ENGINEERING SERVICES, INC., TO
PROVIDE ON -CALL SURVEYING SERVICES FOR PUBLIC WORKS RIVER
AND FLOOD SECTION PROJECTS, IN THE AMOUNT OF $75,000
(AB2000 -339)
See above for the motion to recommend approval.
Motion carried unanimously.
13. REQUEST AUTHORIZATION TO ENTER AN AGREEMENT WITH
MICHAEL BOBBINK FOR HEARING EXAMINER SERVICES (AB2000-
327)
Imhof moved to recommend approval. Michael Bobbink has been with the
County for four years. He's done an excellent job. He hasn't had a price increase
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in those four years, and this is a ten percent increase that he's requesting. It is
appropriate.
Hoag stated she supported the increase, but not the basis for it. The idea of
giving a cost of living increases in the budget is not appropriate. They are
assigning more duties to the Hearing Examiner, so she supported the increase. She
questioned whether Mr. Bobbink would pay for the temporary hearing examiners
out of the $5,225.
Imhof stated that is correct.
Hoag stated exhibit B says that the contractor shall be paid $4,750, for a
total not to exceed $57,000.
Brenner stated that is the old contract.
Hoag asked if they are changing the amount not to be exceeded. It is not
addressed in the earlier paperwork.
Nelson stated this is a proposal.
Imhof stated it amends exhibit B.
Hoag stated he is amending the amount per month, but he is not addressing
the total amount not to be exceeded.
Brenner stated it is standard language always in there.
Hoag questioned why there is a copy of an appeal in the packet.
Nelson stated it shows his work samples.
Brenner stated was concerned about a couple of things. There have been
numerous times where the Hearing Examiner hasn't read information or couldn't
find information for a hearing. He is working for six different entities. Her concerns
were to get things done expeditiously, but also fairly and knowledgeably. He
doesn't seem well prepared. She was not going to support someone with this many
otherjobs.
Nelson asked how she would measure the effectiveness of the hearing
examiner.
Brenner stated she would measure his effectiveness by how prepared he is
and how knowledgeable he is.
Nelson questioned how she would measure the results.
Brenner stated the answer to the question that Councilmember Nelson wants
is the number of appeals, but she doesn't agree with that. Someone could very
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mechanically do this stuff and it could be legal. It is not in the best interest of the
people who are bringing their cases before the Hearing Examiner. He is not
violating law with his decisions.
Nelson questioned what they ask a judge to do.
Imhof stated the Council doesn't get any appeals.
Brenner stated they ask a judge to use the best judgement. A lot of people
can't afford to appeal. She wouldn't want to have to go before him.
Hoag stated she was not aware that the Hearing Examiner was doing other
work for other people. Her concern was that they cannot gauge his effectiveness
by the number of appeals. Someone who looks carefully at the record and decides
more often against people with a lot of money, like developers, is going to generate
more appeals than someone who decides against an individual who doesn't have
the money, time, or resources. When people decide whether or not to appeal to
the Council, they are told up front that the Council can only overturn the decision if
he violated the law. She agreed with Councilmember Brenner about the problem.
At a hearing she attended, the staff expressed concerns about a road near a
proposed project. She is familiar with that road. It is a very narrow road with
ditches on both sides of it. The proposal was to put a project in that required large
truck use. Staff expressed concern about it. The Hearing Examiner had never seen
the road and wasn't aware of the road conditions, yet was making his decision.
They need to get someone who has the time to weigh the decision.
Nelson stated they need to have someone who does a good job at weighing
all the information possible. He didn't know if such an individual exists. All he sees
is what's on the record. Since Mr. Bobbink has been with the County, he hasn't had
to deal with the previous problems. Other councilmembers may perceive problems
and have legitimate concerns. The point here is that there is a contract, and it is
up to the County Council to decide whether to continue services. He hasn't heard
from the community about a problem.
Hoag stated she has heard from the community. If they are going to spend
that kind of money for the service, they should add a qualifier that the Hearing
Examiner must do only this job.
Nelson stated they had work that was not done by the previous, full -time
Hearing Examiner. He hasn't heard that this Hearing Examiner is behind in
hearings. Until he hears significant concerns that he is not doing the job, then it is
not a legitimate reason to put that qualifier in the contract. He is doing his job.
Hoag stated it was a question of thoroughness.
Nelson questioned whether anyone has heard any staff complaints.
Dawson stated she has not heard any complaints. With the previous Hearing
Examiner, the Council had complaints from staff.
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Brenner stated there were things wrong before. It is important not to
measure the effectiveness of the Hearing Examiner on the number of appeals. One
has to have a lot of money to follow through on an appeal. The Council should
know how many cases he's had all year and in how many cases he's gone to look at
the property.
Motion carried unanimously.
OTHER BUSINESS
Brenner asked why they have not heard from the Public Employment
Retirement System (PERS).
Dewey Desler, Deputy Administrator, stated the Department of Retirement
Systems are very slow to respond, even though they are very nice to deal with.
They have all of the information they need for the first terms of some of the
councilmembers, relative to the payments they made. He would put in another call
today.
Brenner suggested that he be more aggressive.
ADJOURN
The meeting adjourned at 1:27 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Committee Chair
Finance and Administrative Service Committee, 9/26/2000, Page 16