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WHATCOM COUNTY COUNCIL
Finance and Administrative Services Committee
January 26, 1999
The meeting was called to order at 12:00 p.m. by Committee Member Ward Nelson in
the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
A kn PrPCPnt-
Robert Imhof
Tom Brown
SPECIAL ORDER OF BUSINESS
1. ELECTION OF COMMITTEE CHAIR (AB99 -021)
Brown moved to nominate Nelson.
Imhof moved to close nominations.
Motion carried unanimously.
AhsPnt-
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT FOR CONSULTING SERVICES BETWEEN WHATCOM COUNTY
AND ECONOMIC AND ENGINEERING SERVICES, INC. TO PROVIDE LAKE,
STORMWATER, WATER QUALITY, WATERSHED, MODELING, ENGINEERING,
REGULATORY COMPLIANCE, AND FINANCIAL SERVICES, IN THE AMOUNT
OF $300,000 (AB99 -030)
Nelson stated that the amount in the budget was for $250,000.
Dave Wareing, Deputy Administrator, stated that the correct amount should be $250,000.
Imhof moved to recommend approval for the amount of $250,000.
Brown questioned what the inventory would be, as referenced on Council packet page 8.
Sue Blake, Planning and Devlopment Services Water Resources Planner, stated that the
objective is to map and set up the data management system that will locate and identify the major
drainage systems, including outfalls, stream basins, major stormwater conveyance systems, and
public /private detention facilities. There is information that the County Public Works has about
a number of those things. Pulling them all together, updating them, and putting them into a form
to use for this program is what this task is all about. Since this program is supposed to deal with
Finance and Administrative Services Committee, 1/26/99, Page 1
I existing, as well as future, development, and how they will handle stormwater. One of the items
2 that keeps coming up regarding existing development is installing treatment facilities. In order
3 to do that, they need to know how things are draining in those areas.
4
5 Brown questioned whether the County already has this information, given the amount of
6 time the County has been dealing with these problems on Lake Whatcom. Blake stated that they
7 don't. They have pieces of the information, but it is not pulled together and it has not been
8 updated. They've talked about it a lot, but they haven't had the resources to do it.
9
10 Jeff Monsen, Public Works Director, explained that this puts the information in a form
1 I that is usable for this purpose. Right now, the information is in a form that is usable for the
12 purpose that they were gathered. This activity will not take a lot of time or a lot of money.
13
14 Imhof questioned whether the information will be transformed into the geographic
15 information system (GIS) so that it could be accessed. Blake stated that the information is not on
16 GIS right now. For the purpose of Public Works, they will need it on another system. It may be
17 used on GIS.
18
19 Nelson questioned whether implementation was included. Blake stated that was correct.
20 This is a program that has a couple of major components. One component is the early action
21 projects. When the County entered the negotiations for the contract, the goals were that they
22 wanted action as fast as possible. They need to do background assessment. Implementation
23 items are not listed because it may not be appropriate for this company to implement those items.
24
25 Nelson stated that, as the tasks are accomplished, they need to bring things forward
26 regarding implementation items.
27
28 Brown questioned whether the Robin Matthew's report on water conditions will be the
29 only report used. Blake stated that it won't be the only report that the consultant will use to
30 evaluate. They will screen the information and it will include work done by Robin Matthew's
31 and also other sources, including Water District #10's consultant and the State Department of
32 Ecology. They are trying to achieve a balance of information. That is the reason for the peer
33 review panel that would include people with technical expertise that can provide an additional
34 layer of review to the process. That is critical because there are different agreements about the
35 state of the water quality in the lake.
36
37 Monsen stated that the consultant indicated that they looked at a lot of background
38 information, including the Matthew's report. They saw that as an important piece because it is
39 more comprehensive than some others are. It is one report out of 20 that will be supplied to the
40 consultant for review.
41
42 Motion carried unanimously.
43
44 2. RESOLUTION PURSUANT TO ESHB 2496 TO ESTABLISH THE AREA OF
45 WHATCOM COUNTY FOR WHICH A HABITAT RESTORATION PROJECT LIST
46 IS TO BE DEVELOPED AND TO DESIGNATE THE LEAD ENTITY RESPONSIBLE
47 FOR SUBMITTING THE PROJECT LIST (AB99 -033)
Finance and Administrative Services Committee, 1/26/99, Page 2
1
2 Jeff Monsen, Public Works Director, stated that the City of Bellingham and the Lummi
3 Nation have passed the resolution. It remains at the Nooksack Tribe. They have given their
4 assurance that they would pass the resolution, but he did not know why they haven't done it yet.
5 Currently, all the cities, the Lummi Nation, and Skagit County have approved the resolution.
6
7 Brown moved to recommend approval.
8
9 Motion carried unanimously.
10
11 3. ORDINANCE AUTHORIZING A FAMILY COURT COMMISSIONER (AB99 -041)
12
13 Imhof questioned why this was before the committee when it was authorized by the
14 budget.
15
16 Dave Wareing, Deputy Administrator, explained that this needs to be done by ordinance
17 to allow this specific type of commissioner to be appointed. Generally there are Constitutional
18 Commissioners that have the full range of authority. Because of the source of the money, it has
19 to be a statutory commissioner that has a narrower context. The position will deal with juvenile
20 matters and family matters. This allows that statutory commissioner to be appointed.
21
22 Imhof moved to recommend approval.
23
24 Motion carried unanimously.
25
26 COUNCIL "CONSENT AGENDA" ITEM
27
28 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BIDS FOR
29 VARIOUS STATE CONTRACTS FOR ROAD MAINTENANCE SUPPLIES TO
30 MORTON INTERNATIONAL FOR ROAD STRIPING PAINT IN THE
31 APPROXIMATE AMOUNT OF $250,000; TO POTTER INDUSTRIES FOR GLASS
32 BEADS FOR PAINT IN THE APPROXIMATE AMOUNT OF $50,000; TO WILBUR
33 ELLIS FOR HERBICIDES IN THE APPROXIMATE AMOUNT OF $65,000; AND TO
34 WHATCOM TIRE FOR TIRES IN THE APPROXIMATE AMOUNT OF $50,000
35 (AB99 -046)
36
37 Brown moved to recommend approval.
38
39 Motion carried unanimously.
40
41 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD A BID, WITH
42 THE LOWEST RESPONSIVE BIDDER PRICE OBTAINED BY MULTNOMAH
43 COUNTY, TO WESTERN BUS SALES FOR THE PURCHASE OF A NEW
44 PRISONER TRANSPORT BUS, IN THE AMOUNT OF $115,245.75 (AB99 -047)
45
46 Dave Wareing, stated that there is $150,000 in the equipment rental and revolve (ER &R)
47 fund. This has been a problem area. The last bus didn't hold up.
48
Finance and Administrative Services Committee, 1/26/99, Page 3
I Dan Fitzgerald, Jail Chief Corrections Officer, explained that there is a contract in place
2 to carry prisoners. There is sometimes a lot of shuttling because the current bus is only an 18-
3 passenger bus. Last year they averaged 20 -24 people per day. The current bus has 240,000
4 miles on it. It is a Ford one -ton. The new bus will hold 33 passengers.
5
6 Imhof moved to recommend approval.
7
8 Motion carried unanimously.
9
10 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
11 CONTRACT WITH DANIEL S. MCGREEVY FOR INDIGENT DEFENSE TO
12 PROVIDE CRIMINAL AND OTHER LEGAL SERVICES TO INDIGENTS, IN THE
13 AMOUNT OF $60 PER HOUR (AB99 -048)
14
15 Nelson questioned whether there is a cap.
16
17 Dave Wareing, Deputy Administrator, explained N.F. Jackson polices this. These are
18 cases where the Public Defender cannot defend these indigent individuals.
19
20 Imhof stated that there is no top dollar value. There was a top dollar amount in the
21 budget. Wareing stated that there isn't because they don't have control over that. It is a situation
22 that is required by State law.
23
24 Nelson questioned how they determine someone is indigent. Wareing explained that
25 there is an office of assigned counsel that works within Superior Court. They assess the person's
26 ability to pay.
27
28 Hoag questioned whether they are further along in requiring proof of need ahead of time,
29 instead of having people reimburse the County after the fact. Wareing stated that the judges
30 explained that the County had to provide the defense regardless. They could not stop the judicial
31 process to determine whether the person had the ability to pay. The County would have to
32 prove to the court that the person had the ability to pay. Administration is not fully satisfied that
33 all is being done to recoup the costs. They will be looking at this closer.
34
35 Imhof moved to recommend approval.
36
37 Hoag stated that there must be some legal way that a person has to prove that they are
38 indigent.
39
40 Brown questioned why they have three separate requests for the same basic service.
41
42 Karen Frakes, Senior Civil Deputy Prosecutor, stated that it is because one group of
43 attorneys have joined together and do it as a consortium. The other two are individuals.
44
45 Imhof stated that he wanted a quarterly update on the amount that is budgeted and where
46 the County stands.
47
48 Nelson suggested that information be included in the administration's quarterly reports.
Finance and Administrative Services Committee, 1/26/99, Page 4
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Motion carried unanimously.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH MATTHEW ELICH, WARREN J. PAGE, STARCK FOLLIS,
DAVID A. NELSON, JILL S. BERNSTEIN, AND MARILYN L MCLEAN,
INDIVIDUALLY, FOR INDIGENT DEFENSE TO PROVIDE CRIMINAL AND
OTHER LEGAL SERVICES TO INDIGENTS, IN THE AMOUNT OF $60 PER HOUR
(AB99 -049)
Imhof moved to recommend approval.
Motion carried unanimously.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH ROBERT D. BUTLER FOR INDIGENT DEFENSE TO PROVIDE
CRIMINAL AND OTHER LEGAL SERVICES TO INDIGENTS, IN THE AMOUNT
OF $60 PER HOUR (AB99 -050)
Imhof moved to recommend approval.
Motion carried unanimously.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH COLLEEN ROGERS, MARY ANN DAVIS, JAN CARLSON
(AKA "WHATCOM GUARDIAN AD LITEM SERVICES ") INDIVIDUALLY
AND /OR COLLECTIVELY, RESPECTIVELY, FOR THE PURPOSE OF PROVIDING
GUARDIAN AD LITEM SERVICES IN THE AMOUNT OF $45 PER HOUR; AND
LAUGHLAN CLARK IN THE AMOUNT OF $60 PER HOUR (AB99 -051)
Brown stated that he will not support this because of the controversy about the program.
Dave Wareing, Deputy Administrator, explained that, regarding the issues that had been
brought up, the person in question does not work for the County. There have been no complaints
against these people. There is no reason to hold this up. The issue that was brought forward has
been thoroughly investigated by the State of Washington Attorney General. It has been reviewed
by the Washington State Auditor's office. No action was recommended or taken. Administration
would recommend approval.
Brown questioned whether these services were needed immediately. Wareing stated that
these are legally required positions. They are needed immediately.
Karen Frakes, Senior Civil Deputy Prosecutor, explained there is a daily need for these
services. These individuals have contracted with the County for years. They are not the subject
of any dispute.
Brown explained that he still feels he needs more information.
Finance and Administrative Services Committee, 1/26/99, Page 5
I Dawson explained that the people who came forward would like to see an ordinance
2 adopted to address review of such concerns. She questioned how the volunteers would be
3 integrated with this. Wareing explained that there is training and he will use the people to assist
4 in these cases involving these children.
5
6 Hoag stated that she was unclear legally. She spoke with several women who stated that
7 guardians ad litem are repeatedly appointed that have a history of complaints. She questioned
8 whether they could review complaints that have been filed against potential guardians ad litem.
9
10 Frakes explained that it is not the Council that appoints the guardians ad litem. The
11 Courts appoint the guardians ad litem. If there are complaints, it is within the Court's province
12 to deal with the problem.
13
14 Hoag stated that the courts approve them to a particular case. The Council is approving a
15 contract for these people to serve.
16
17 Imhof questioned whether N.F. Jackson could be at the evening's Council meeting to
18 address these concerns. Wareing explained that Jackson said there have been no complaints
19 against the people on this request.
20
21 Imhof moved to recommend approval.
22
23 Motion carried 2 -1 with Brown opposed.
24
25 7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
26 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE
27 WHATCOM CONSERVATION DISTRICT FOR IMPLEMENTATION OF THE
28 SHELLFISH CLOSURE RESPONSE STRATEGIES FOR DRAYTON HARBOR AND
29 PORTAGE BAY SHELLFISH PROTECTION DISTRICTS, IN THE
30 REIMBURSABLE AMOUNT OF $60,000 (AB99 -052)
31
32 Imhof moved to recommend approval.
33
34 Dawson questioned what kind of job experience would be required by the individual and
35 also where the City of Blaine was in regards to updating their sewer system.
36
37 Chuck Benjamin, Health and Human Services Director, stated that he did not know what
38 the job description would require as far as experience. Regarding Blaine, he didn't know what
39 they are doing, but he could look into it.
40
41 Hoag stated that that issue will be scheduled in Natural Resources Committee soon.
42
43 Nelson stated that there was a concern during the budget process about staffing and the
44 ability to get information.
45
46 Benjamin stated that the main purpose of these monies is to bring someone on board that
47 can coordinate both shellfish protection districts that have been formed to assist them to manage
Finance and Administrative Services Committee, 1/26/99, Page 6
I their meetings and work with them on the remedial actions that have been identified in the action
2 plans.
3
4 Hoag asked Benjamin to clarify the cost to the County and the staffing arrangements.
5 Benjamin stated that they will have some staff time that are already budgeted that will assist in
6 the process. That is considered part of the match of $23,000. To get the monies to Whatcom
7 County, the County had to put $10,000 of cash in matching funds. $13,706 is an in -kind match,
8 including staffing. $10,000 is the County's cash match. $60,000 is the amount of the grant.
9
10 Hoag questioned who would be doing the staffing. Benjamin stated that the County is
11 doing the staffing and has the oversight.
12
13 Wareing clarified that a contractor would do it. They would establish the professional
14 criteria for the contract, then oversee it. There is no employee or a job description. That will
15 come back to the Council for a contract approval.
16
17 Brown expressed a concern regarding the required use of recycled/recyclable paper,
18 regardless of cost. Wareing explained that the lower grade of recycled paper doesn't process
19 well. It is State language that is required.
20
21 Motion carried unanimously.
22
23 8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
24 CONTRACT BETWEEN WHATCOM COUNTY AND THE WHATCOM CHAMBER
25 OF COMMERCE AND INDUSTRY TO PROVIDE PROMOTIONAL AND
26 ADVERTISING SERVICES, IN THE AMOUNT OF $25,000 (AB99 -053)
27
28 Imhof moved to recommend approval.
29
30 Brown suggested that the fireworks be moved from Bellingham Bay to someplace in the
31 County.
32
33 Hoag questioned whether this is the same amount as last year and if it was in the budget.
34 Imhof stated it is the same amount and it is in the budget.
35
36 Dave Wareing, Deputy Administrator, stated that they are now establishing these as a
37 contractual relationship.
38
39 Motion carried unanimously.
40
41 9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
42 CONTRACT BETWEEN WHATCOM COUNTY AND THE WHATCOM
43 VOLUNTEER CENTER TO PROVIDE PARTIAL FUNDING FOR THE PROVISION
44 OF VOLUNTEER SERVICES UPON REQUEST OF THE COUNTY, IN THE
45 AMOUNT OF $30,000 (AB99 -054)
46
47 Brown moved to recommend approval.
48
Finance and Administrative Services Committee, 1/26/99, Page 7
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Hoag questioned whether it is the same amount as last year and if it is in the budget.
Wareing said that it is either the same amount or less. He will check on it.
Motion carried unanimously.
ADJOURN
The meeting was adjourned at 12:45 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Council Member
Finance and Administrative Services Committee, 1/26/99, Page 8