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WHATCOM COUNTY COUNCIL
Finance and Administrative Services Committee
February 9, 1999
The meeting was called to order at 11:30 a.m. by Ward Nelson, Council Member, in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
A]-,n PrPCPnt-
Tom Brown
Robert Imhof
Absent:
None
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
first.
ORDINANCE AMENDING THE 1999 BUDGET, REQUEST # 1 (AB99 -059)
Dave Wareing, Deputy Administrator, suggested dealing with the Consent Agenda items
The committee discussed item #1 of the supplemental budget request.
Wareing stated that the Council approved a contract with Security Specialists Plus (SSP).
One of the things that they look at is that the stress on the jail continues to increase. At this point
of time, 75% of the jail inmates are pretrial felons. The jail has become a maximum- security
facility. The Sheriff's office has done an excellent job of getting lesser offenders out of the jail
facility. The offsite work release is going well. It is the best project and contract the County has
gotten into. It is exceptionally effective, efficient, and cost - effective. SSP has expanded their
facility by an extra 10 beds. The cost was inadvertently left out of the Sheriff's budget. They
are asking that it be added to the budget. It should have come out of the money that was
available last year. Rather than take it out of the supplemental fund, they are asking that this be
taken out of the undesignated fund balance, so that it does not lower the budget reserve.
Nelson questioned the amount that is paid by the inmate and stated that he believed it was
50 %. Wareing stated this is expenditure authorization authority. A good percentage of that will
not be spent, or if it is, it will be offset by payments back by the jurisdictions or the inmates in
the facilities. The cost per day is $28 - $29.
Imhof stated that the amount paid back was 2/3 of the amount.
Dawson asked the balance of the undesignated fund. Wareing stated that the amount is
approximately $1.6 million at this point in time.
Brown questioned whether that would be left over at the end of the year. Wareing stated
that was correct.
Imhof questioned whether it increases the beds from 40 to 50.
Finance and Administrative Services Committee, 2/9/99, Page 1
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Dan Fitzgerald, Jail, stated that it does. 40 are currently the maximum number of beds
that they can use.
Imhof asked if they are guaranteed. Fitzgerald stated that last year, they used the
maximum, above the guaranteed amounts. They are currently guaranteed 40 beds, but the
maximum liability is for 50 beds.
Wareing mentioned that this contract was ongoing at the end of the year and didn't get
into the normal budget process.
Nelson questioned whether they feel assured that there is enough money for this.
Wareing stated yes.
Fitzgerald stated that the jail costs per day are $55.
The committee moved to item #2
Wareing stated that this is additional money that has come in to apply to the purchase of a
vehicle.
Nelson questioned how the vehicle is different than the other vehicle that they had a grant
for. Wareing stated that there are two vehicles. The first is a transport vehicle for prisoners and
has nothing to do with this. This is a command vehicle.
Brown questioned whether any of the technology accounts for areas around the County
that typically make remote communications not possible. Wareing stated that the Sheriff has
experimented with satellite systems. He was unaware whether that was included in this system.
Nelson stated that Northwest Regional Council (NWRC) was purchasing satellite
communication equipment. He would like an update on these types of concerns. Wareing stated
that they provide oversight and maintenance for the repeater system for the Sheriff. It doesn't
have anything to do with this.
The committee moved to item #3.
Wareing stated that this takes the money from the State and places it in a non -
departmental budget line item. This ordinance creates the fund for which they are proposing to
move the money into. This money will transfer to that fund to be specifically used for those
programs.
Nelson questioned the amount that will be left. Wareing stated that they would transfer
the money from the General Fund to the Water Resource Fund, and it is further allocated out of
the Water Resource Fund.
Finance and Administrative Services Committee, 2/9/99, Page 2
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Nelson questioned whether the flood control portion is also in the same fund. Wareing
stated that it will be eventually. The Flood Control Zone Board of Directors will have that in a
reserve within that fund. As the need arises for that money to be allocated, they will come back
with additional requests.
Nelson questioned the fund title and number. Wareing stated that it is the Water
Resources Fund, with a fund number of 117.
Jeff Monsen, Public Works Director, stated that of the $250,000, $71,000 is being spent.
The remainder will stay in the account until the Council authorizes the expenditure.
Imhof clarified that they are putting in $250,000 to the new fund, and authorizing an
expenditure of $71,000.
The committee moved to item #5.
Nelson questioned whether the money comes out of the newly created fund. They are
now seeing the expenditures of the newly created fund money going toward the water
management program.
The committee moved to item #6.
Nelson stated that they are starting to mix the funding sources. Wareing stated that they
are doing it like this to keep the sources separate. If requests come from the flood fund, there is
an untouched reserve fund of $1.7 million. They are asking for approximately $500,000 to put
into the new fund from the flood fund reserve. They are asking for the allocation and the
funding authority at the time that they need it, which would go into the Water Resources fund.
Nelson questioned whether future requests for appropriations will be identified out of
fund 117 or from a grant. Monsen stated that it would include both information. It depends on
where the funds are coming from.
Gibson stated that in approving the revenue into the expenditure of the Flood Control
Zone fund, they are acting as the Board of Supervisors.
Brown questioned the personnel that would be drawing wages from the new fund.
Wareing stated that there are three positions that will go into the water resource division.
It is outlined on Council packet page 7. It is possible to assign other positions.
Brown questioned the location where they will be working. Monsen stated that has not
been finalized.
Brown questioned whether they would be working for Public Works. Monsen stated that
is correct, because Public Works is already providing for basic administration from the flood
fund. That is taken care of in the budget.
Finance and Administrative Services Committee, 2/9/99, Page 3
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Nelson questioned whether the State Department of Ecology (DOE) grant provides for
the Water Resources Analyst, and what would happen when that dries up. Monsen stated that
they believe the State would cover the cost for a few years.
Nelson questioned whether that position would be identified in the budget process as
being funded through a grant. Wareing stated that was correct.
Imhof stated that he wanted to see in the budget documents the full -time equivalent
(FTE) information included with each department information.
(Clerk's Note: End of tape one, side A)
Wareing stated that they received a letter from the Treasurer making recommendations
about the new fund. In the normal course of operations, she would be correct. However, this is a
different situation and it does not apply. They do not recommend the recommendations made in
the letter.
Imhof stated that her recommendation was to identify where the revenue comes from, as
it comes in. Wareing stated that the Council resolved in Resolution 98 -078 that the increase in
the service charge for 1999 be dedicated to the Water Resources Plan. That addresses her
recommendation. The funding sources for this are numerous and they are designated. There are
other funds that don't have specifically designated sources. They don't know now where
everything is going to come from.
Nelson stated that it will be important to identify the sources and where the funding goes
to, for auditing purposes. Wareing stated that this set up gives maximum oversight, discretion,
and the opportunity to determine where all of the funds came from and to track and account for
those.
Imhof moved to recommend approval of the supplemental.
Motion carried unanimously.
(Clerk's Note: The committee moved to Discussion Item #3, AB99 -082)
2. REQUEST AUTHORIZATION FOR PAYMENT OF COUNCIL MEMBER
TRAVEL/EXPENSES (AB99 -022A)
059)
Imhof moved to recommend approval.
Motion carried unanimously.
(Clerk's Note: Committee moved to the Supplemental Budget Request, Item #1, AB99-
Finance and Administrative Services Committee, 2/9/99, Page 4
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3. REQUEST AUTHORIZATION TO ENTER INTO A CONTRACT WITH OWENS,
DAVIES, MACKIE FOR LEGAL SERVICES FOR THE COUNTY'S APPEALS OF
THE DECISIONS OF THE WESTERN WASHINGTON GROWHT MANAGEMENT
HEARINGS BOARD IN CASE NUMBERS 94 -2 -0009, 96 -2 -0008, AND 97- 2 -0030C
(AB99 -082)
Imhof moved to recommend approval.
Dan Gibson, Senior Civil Deputy Prosecutor, stated that there is a carry -over from last
year in the amount of $13,000. This request would be $12,000 in addition to last year's carry-
over, for a total of $25,000. The appeal involves issues for which a great deal of work has
already been done. The Prosecutor's office estimates that this amount is a high estimate and they
don't think it would all be used. There is a possibility that this will come back, but it is not
likely.
Imhof questioned where they are in the appeal.
Karen Frakes, Senior Civil Deputy Prosecutor, stated that the State and Wells, along with
Kronenberg, appealed the decision in Whatcom County. The State just filed the transcript of the
trial proceedings. The State appealed the two main appeal issues, including presumption of
validity and also standing. They are purely legal issues. It is hard to know what the other appeal
will bring. She assumed it would be more factual.
Imhof questioned whether they are in compliance. Frakes stated that they are as of this
date.
Dawson stated that she heard that the Growth Management Act (GMA) was just a
guideline. Frakes stated that it is not the GMA, but the Comprehensive Plan.
Imhof questioned where this would take the County. Frakes stated that she assumed that
this would be appealed to the State's Supreme Court.
Imhof questioned whether Wells and Kronenberg and the State are appealing the same
issues. Frakes stated that the State is appealing just the legal issues. Wells' did not file a brief at
the trial court level. Kronenberg was prohibited from participating.
issue.
Nelson questioned how Wells has grounds for filing an appeal. Frakes stated that is the
Imhof moved to recommend approval.
Nelson questioned how this could be avoided in the future and would staff be able to take
care of these issues.
Gibson stated that this is the big one. Annual amendments will be easier to go through.
As the issues become narrower, the record becomes narrower and makes it easier to understand.
Finance and Administrative Services Committee, 2/9/99, Page 5
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Dawson asked how many appeals the Watershed Defense Fund has filed. Gibson stated
that he would find out. The County has prevailed in all of those appeals.
Motion carried unanimously.
(Clerk's Note: The Committee moved to Other Business)
COUNCIL "CONSENT AGENDA" ITEMS
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A 1999
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY
OF BELLINGHAM FOR THE EXCHANGE OF CERTAIN SOLID AND
HAZARDOUS WASTE PROGRAM SERVICES AND A COORDINATED COUNTY-
WIDE SOLID WASTE MANAGEMENT SYSTEM IN THE AMOUNT OF $253,000
(AB99 -066)
Nelson questioned whether the funding amount was the same as last year's funding
amount. Wareing stated that it was an increase.
Dan Gibson, Senior Civil Deputy Prosecutor, stated that last year there was not a ceiling
on the amount to be spent. The amount in the budget was lower. By the end of the year, it ended
up that they paid out a fair amount more because of the expenditures that the City of Bellingham
made. The figure that is listed for this year is not much different than what was spent last year.
This year's funding has a cap on the amount to be spent.
Nelson stated that the budget last year was $212,000. Gibson stated it went over that.
The contract with the City of Bellingham stated that amount was an estimate.
Nelson asked for clarification on the amounts.
Jeff Monsen, Public Works Director, stated that $253,000 is the amount resulting from a
discussion with the City of Bellingham. What was budgeted was the preliminary numbers as
negotiated with the City of Bellingham, as compared to actual, negotiated amount. They are
locking in the amount at $253,000.
Nelson moved to recommend approval.
Brown questioned the amount of people in Point Roberts. They have to hold two off -site
collection events. One is specified as being in Point Roberts. Their population is small
compared to other places in the County.
Nelson stated that they cannot transport hazardous materials on the highways or across
the borders. The individual has a problem getting them across the border.
Finance and Administrative Services Committee, 2/9/99, Page 6
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Brown stated that it seems that they specified two areas, but only one is in a larger
populated area of the County.
Monsen stated that item is still in discussion with the Solid Waste Executive Committee.
They may come back this year. Due to the relocation of the waste facility to the airport vicinity,
they are seeing an increase in usage from broader areas of the County.
Brown stated that part of the money goes to the Lakeway yard waste collection. He
questioned whether there is any thought to moving that location. Monsen stated that they are
looking at an alternate location. Bellingham is also interested in relocation. The site is over
capacity. The County wants it more accessible to other users. That is a 1999 activity.
Brown questioned whether the County keeps track of how many small quantity
household users are repeat users. Monsen stated that he could not answer that, but he would find
out. The people going to the facility are not required to identify themselves.
Wareing stated that they have an obligation to provide the service. They make the site
available with the City. If they have need of expanding to other areas, then they could see about
expanding it.
Brown questioned whether it is the same few people using the site over and over.
Monsen stated that it is wider spread. Staffers of the facility look for people that are obligated to
take care of the waste themselves. They are looking for repeat visitors in the context of materials
that would come from a business, not home users.
Motion carried unanimously.
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE CONVENTION AND
VISITOR'S BUREAU TO PROVIDE VISITOR INFORMATION SERVICES AND
TOURISM DEVELOPMENT IN THE AMOUNT OF $77,525 (AB99 -067)
Brown questioned why it is $2,000 more.
Dave Wareing, Deputy Administrator, stated that this is the amount that was requested,
and $2,000 additional was approved through the budget process.
Imhof moved to recommend approval.
Motion carried unanimously.
Wareing stated that there was an issue of matching grant funds. The Council made the
decision to maintain the amount of money and give them the extra so that they could get the
grant amount as a match.
Finance and Administrative Services Committee, 2/9/99, Page 7
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3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN WHATCOM COUNTY AND NORTHWEST SURVEYING
& GPS TO PROVIDE PROFESSIONAL SURVEYING SERVICES OF THE
EXISTING SYSTEM OF LEVEES AND HIGH BANKS ALONG THE NOOKSACK
RIVER BETWEEN THE EVERSON OVERFLOW AND, APPROXIMATELY, THE
GUIDE MERIDIAN IN THE AMOUNT OF $45,690 (AB99 -068)
Brown moved to recommend approval and questioned whether they would survey the
gravel bars or existing flow lines.
Paula Cooper, Public Works Engineering, stated that this portion of the work is just to
survey the levy crests, which is important for hydraulic modeling that they will perform to look
at the whole Everson/Sumas overflow issue. It doesn't address the gravel bars.
Brown stated that they don't know what the flow line is doing. It is hard to make a plan
if they don't know whether they are coming up or going down. It wouldn't take that much more.
Cooper stated that it would take more because they would need a boat. Regarding the
magnitude of events that cause overflows, the capacity in the channel is not near as much as what
goes outside the channel. The models will not be as sensitive as to the in- channel capacity for
this part of the analysis.
Brown stated that a lot of people disagree. There is not enough monitoring of flow line
within the Nooksack River.
Motion carried unanimously.
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROPERTY INSURANCE RENEWAL WITH COMMONWEALTH INSURANCE TO
PROVIDE A PROPERTY LOSS LIMIT AND EARTHQUAKE AND FLOOD
COVERAGE IN THE PREMIUM AMOUNT OF $74,076 (AB99 -069)
Nelson stated that he saw a letter requesting earthquake damage assessment.
Randy Watts, Senior Civil Deputy Prosecutor, introduced Barry Hanson, Commonwealth
Insurance. Regarding earthquake damage assessment, there are incremental increases from 20 to
50. They will put that off until it can be discussed with the Executive's office. The premium is a
few more dollars than last year, based on the increase in property values and the addition of
boiler coverage.
Imhof moved to recommend approval.
Nelson questioned whether the contents include personal property. Watts stated that it is
County -owned property within the buildings.
Finance and Administrative Services Committee, 2/9/99, Page 8
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Nelson questioned whether there are contents in the Olympic building. Wareing stated
that there are no County -owned contents except the boiler, which is covered.
Motion carried unanimously.
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID 98 -145 TO
A LIST OF LOWEST RESPONSIVE BIDDERS, TO ESTABLISH FIRM PRICES FOR
THE ANNUAL SUPPLY OF RIPRAP ROCK, BASED ON LOCATION,
AVAILABILITY AND LENGTH OF HAUL IN AN AMOUNT IN EXCESS OF
$35,000 (AB99 -070)
Imhof moved to recommend approval.
Brown stated that in the past there were allegations that they were purchasing rock from
Skagit County from permitted sites. They were assured that all sites are permitted. He
questioned whether all the sites are currently permitted. Also, last time there was a major flood
event, the County ended up purchasing up during the week, when the cost to the quarry operators
was lowest. On the weekends, they shut their quarries down, and our own quarries had to open
up on the weekend on overtime. He questioned how they would safeguard from paying a
premium price during high -cost hours.
Mary Ewing, Public Works ER &R Manager, stated that the quarries are all permitted as
of last year. She would look into the cost of paying overtime at quarries.
Dick Prieve, Public Works M &O Manger, stated that they try to anticipate events. If they
know 48 hours before, then they contact the quarries to have a supply ready. If there isn't a
supply, then they have to go elsewhere. One time, they didn't have a supply. Another quarry
operator doesn't like to work weekends, but it doesn't flood only five days a week.
Nelson questioned whether the bid for proposals could include criteria that the quarry be
available seven days a week. Prieve stated that was true.
Nelson stated that they then violated their contract. Prieve stated this only happened one
time. He did make special arrangements.
Ewing stated that the reason they went out for bid was to get the material. They are not
obligated to supply the material, but if they do they are obligated to provide the material at their
bid price. They could write the bid to require that it is available seven days a week.
Imhof moved to recommend approval.
Motion carried unanimously.
Nelson stated that Council Member Dawson was also present.
Finance and Administrative Services Committee, 2/9/99, Page 9
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6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID 98 -146 TO
A LIST OF LOWEST RESPONSIVE BIDDERS TO ESTABLISH FIRM PRICES FOR
THE ANNUAL SUPPLY OF MINERAL AGGREGATES, BASED ON SPECIAL
CIRCUMSTANCES SUCH AS ABILITY TO DELIVER, DELIVERY TIME,
AVAILABILITY OF MATERIAL, AND OTHERS IN AN AMOUNT IN EXCESS OF
$35,000 (AB99 -071)
Imhof moved to recommend approval.
Brown stated that he would abstain due to possible conflict of interest.
Motion carried 2 -0 with Brown abstaining.
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID 98 -143 TO
THE LOWEST RESPONSIVE BIDDER, AGGREGATES WEST, TO PROVIDE
SERVICES FOR AGGREGATE CRUSHING IN THE AMOUNT OF $906,780 (AB99 -
072)
Nelson questioned whether it was in the budget. Wareing stated that was correct.
Brown moved to recommend approval.
Dick Prieve, Public Works M &O Manager, stated that is in the supplemental budget that
is before the Committee. It was inadvertently left out of the 1999 budget.
Motion carried unanimously.
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID 99 -03 TO
THE LOWEST RESPONSIVE BIDDER, CHEVRON PRODUCTS COMPANY, TO
PROVIDE ASPHALTIC EMULSIONS FOR USE IN VARIOUS COUNTY ROAD
MAINTENANCE PROJECTS IN THE APPROXIMATE AMOUNT OF $350,000
(AB99 -073)
Nelson questioned whether this was also appropriated. Wareing stated that it was.
Imhof moved to recommend approval.
Motion carried unanimously.
(Clerk's Note: Committee moved to Discussion Item #2, AB99 -022A)
OTHER BUSINESS
Nelson stated that Council Chair Dawson received a letter from the State Department of
Community, Trade, and Economic Development (CTED), and questioned whether there is an
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action to apply for the block grants for disaster recovery. Wareing stated that he has not received
that information.
Nelson stated that prioritization process for the Washington Community Economic
Revitalization Team (WA -CERT) will be before the Council soon.
Wareing stated that he sent the final Water Resources Plan to the Council for discussion.
Imhof stated that they will want to schedule it at a future committee meeting.
ADJOURN
The meeting was adjourned at 12:27 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown- Davis, Council Clerk
WHATCOM COUNTY COUNCIL
W14ATCOM COUNTY, WASHINGTON
L. Ward Nelson, Committee Chair
Finance and Administrative Services Committee, 2/9/99, Page 11