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WHATCOM COUNTY COUNCIL
Finance and Administrative Services Committee
June 1, 1999
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:
Tom Brown None
Robert Imhof
COUNCIL "CONSENT AGENDA" ITEM
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE
CITY OF FERNDALE CONCERNING ANNEXATION AND DEVELOPMENT
WITHIN THE CITY OF FERNDALE UGA (AB99 -192)
Dave Wareing, Deputy Administrator, stated that they have been discussing
this Interlocal Agreement with Ferndale for some time. It meets all the standards.
Administration recommends approval.
Imhof moved to recommend approval.
Brenner questioned whether Axton Road is the only road where work has
been done in the last ten years. The Interlocal Agreement did not indicate where
they are planning to develop and incorporate now. She questioned whether there
were roads that have recently been upgraded.
Wareing stated that this agreement will set the basis for all annexations in
the future. Probably no other roads have been upgraded in last ten years.
Bruce Mills, Public Works Engineering, stated that the only two roads in ten
years that have been are Northwest and West Axton. They upgraded Slater Road,
but stopped at the railroad tracks.
Hoag was concerned about the revenues. They are not high enough to
compensate for what is being annexed out of the County. With the adopted Urban
Growth Areas (UGAs), there isn't anything to deal with growth in those areas. For
instance, Lynden is looking at 194 acres in their UGA, so they are bringing it in. As
soon as an area is marked as a UGA, it is instantly filled up. The UGAs will not last
for twenty years. She questioned where it would be appropriate to address the
issue of requiring in -fill before moving into a UGA.
Finance and Administrative Services, 6/1/99, Page 1
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Micheal Knapp, Planning and Development Services Director, stated that
there will be a five -year review and a ten -year review. If the UGA is filling up faster
than projections, then the County will adjust.
Hoag stated that people could instantly fill the space designated for 20 years
of growth, then the five year review would show that all those areas are gone and
more is needed. Knapp stated that would not happen. The Office of Financial
Management (OFM) has been accurate regarding the regional numbers on growth.
County growth numbers are accurate within a range. There will not be a UGA filled
up in only five years.
Hoag stated that they haven't had UGA's long enough to establish a historical
problem. She questioned where they would address that type of a problem.
Wareing stated that it would be addressed in the interlocals and the
Comprehensive Plan.
Nelson stated that section 2N of the Comprehensive Plan dealt with density
for the cities. Policies were specific to Ferndale and Bellingham about density that
must be obtained. Reaching density levels is the responsibility of the cities, within
their comprehensive plans. Where people choose to live are beyond the scope and
the goal.
Hoag stated that the density discussion in the Comprehensive Plan only
established zoning. She questioned whether the goal was that it will have a certain
amount of density within the city before they will be able to annex. That isn't what
is happening.
Nelson stated that a goal states they try to reach a level of six to eight per
acre in the City of Ferndale. Those are goals only. That doesn't take into account
mitigation for wetlands, higher need for industrial land, or other issues.
Knapp stated that the goals and policies are going that direction. The base
of what they look at is how much population is expected in the twenty -year period.
That amount was allocated to the cities. The changes that will occur, such as
transfer of development rights from Lake Whatcom, will change Bellingham's UGA
and require more land area. That is currently being looked at. The five -year
review would push the boundary north. There could be other movement that is
different from the original designations. The general numbers will be the same.
Imhof stated that the UGAs have been made big enough to hold the twenty -
year growth. It doesn't matter how quickly it is annexed.
Knapp stated that another dilemma is that the numbers going into the cities
are lower. It will be likely that the UGAs will need to be enlarged.
Brenner questioned whether it is a fact that the Bellingham UGA will be
extended. Knapp stated that neighborhoods don't want as much population density
Finance and Administrative Services, 6/1/99, Page 2
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as the City initially indicated. There may be a five -year review of the UGA due to
the transfer of development rights from Lake Whatcom.
Brenner questioned the kind of interaction the County has about the type of
development and density goes into the cities. Also, she is sensitive to how
neighborhoods want to look, however neighborhoods have available land with the
zoning they have. She didn't want the UGA's to be dumping grounds.
Knapp stated that the County does not have design review. Some
communities do.
Brenner questioned whether that can be in the interlocal agreement. Knapp
stated that it belongs in Comprehensive Plan. The agreement is more revenue
related, regarding when and how to exchange property.
Brenner asked that it be looked at for the Comprehensive Plan.
Hoag didn't agree with the assertions being made. If property is developed,
people will come to it. People will lower the price of a home until there is a buyer.
The issue needs to be addressed. If they only address it under the Comprehensive
Plan, then the County can only control what goes on in the cities through the
interlocal agreement. Knapp stated that it must be handled through the
Comprehensive Plan.
Nelson stated that they must meet the goals and plans of the Comprehensive
Plan. If there are specifics of this nature, then they need to be done in the
Comprehensive Plan.
Brenner questioned whether there is anything in the interlocal that prevents
the changes they are talking about and keeps them from looking at design. Knapp
stated that the interlocal doesn't preclude that at all.
Brown stated that this doesn't go far enough to handle the long -range
revenue problems that the County will have as a result. They need to look at
legislation down the road.
Motion carried unanimously.
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND
WASHINGTON STATE DEPARTMENT OF FISH AND WILDLIFE,
PROVIDING FOR THE CONTINUATION OF ASSIGNMENT OF A FISH &
WILDLIFE BIOLOGIST TO WHATCOM COUNTY IN A TOTAL AMOUNT
NOT TO EXCEED $125,388 THROUGH JUNE 30, 2001, WHICH
INCLUDES $30,951 THROUGH 1999 (AB99 -193)
Jeff Monsen, Public Works Director, stated that this agreement is established
to the State's biennium. There is an adequate budget already authorized to cover
Finance and Administrative Services, 6/1/99, Page 3
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the cost for the balance of the years. If approved, they would place that as a
budget matter for the year 2000. The agreement itself would not be amended.
When done last year, there was discussion about whether or not to pursue this as
an agreement with the State or by a County full -time equivalent (FTE). The County
cannot do it cheaper by hiring an FTE.
Imhof moved to recommend approval.
Nelson questioned whether the County is providing equipment, such as the
computer. Monsen stated that the County is providing work space. Administrative
costs are very small.
Brenner questioned whether it is possible to deputize the person to allow him
or her to issue tickets. Monsen stated that it could be done, but he would rather
direct the County enforcement people.
Brenner stated that since the biologist is in the area, if he sees a violation,
then he can issue a ticket.
Brown stated that the County just brought on two people for which this is
their job.
Dawson suggested that language be added under the Termination clause,
"...or should ESA requirements be modified to such an extent that a biologist is not
required." on page 19.
Imhof stated that it could be terminated given 30 days for any cause.
Monsen stated that they can terminate in 30 days with or without cause.
Motion carried unanimously.
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND ARTHUR
WILKOWSKI, OWNER OF POINTS RECYCLING AND REFUSE,
TRANSFERRING OWNERSHIP WITH NO CHANGE IN CURRENT TERMS
(AB99 -194)
Bruce Mills, Public Works Engineering, stated that it is just a change in
ownership.
Brown moved to recommend approval.
Motion carried unanimously.
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY HEALTH AND HUMAN
SERVICES DEPARTMENT AND STATE OF WASHINGTON DEPARTMENT
Finance and Administrative Services, 6/1/99, Page 4
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OF ECOLOGY, PROVIDING 100% REIMBURSEMENT FOR COSTS
ASSOCIATED WITH INVESTIGATING SITES BELIEVED TO BE
RELEASING HAZARDOUS SUBSTANCES OR SITES PREVIOUSLY
CONTAMINATED WITH HAZARDOUS SUBSTANCES, IN THE AMOUNT
OF $77,875 (AB99 -195)
Nelson stated that this includes a grant for several hundred thousand dollars.
Brown moved to recommend approval.
Brenner stated that she would rather spend the money on investigating sites
believed to be hazardous, rather than sites previously contaminated, unless there
has been clean up work. There are many sites that have already been identified.
She was concerned that they won't get cleaned up.
Regina Delahunt, Health and Human Services, stated that there is a list of
suspected and confirmed sites. Those sites are on the State list because of a brief
initial investigation. Those sites have to be tested and ranked. That is what this
money is intended for.
Brenner questioned whether the County will get other grant money to do
clean -up. Delahunt stated that, once ranked, the State will go after the property
owner to get clean -up to occur. They County doesn't have any enforcement, unless
the site is owned by the County or another municipality.
Brenner questioned what the County can do to get the State to put money
aside for clean -up.
Michael Spencer, State Department of Ecology (DOE), stated that the
emphasis of the grant is to help the County identify sites and move them from
suspected contamination sites to confirmed contamination sites, so that the DOE
has a ranking of the sites. If the site owner does not clean up, then the State will
clean up the site.
Brenner questioned whether any of the ranked sites in Whatcom County have
been cleaned up. Spencer stated that he has worked with the Port on sites.
Brown stated that there was a transformer place that was worked on. There
are other places that have been done.
Nelson stated that the ranking is compared statewide. If the ranking is not
done in Whatcom County, they will not have an opportunity.
Brenner asked if a Superfund site will be included. Spencer stated Superfund
sites are federal.
Finance and Administrative Services, 6/1/99, Page 5
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Brenner stated that it was a State Superfund. Delahunt stated that, if a site
is already ranked and ready for action, they will not be looking at it. This is for
suspected sites that haven't been ranked.
Hoag questioned how they determine which sites are to be looked at, and if
the Y Road dump will be included. Spencer stated that there is a list of sites
already available. The Health Department will look at the ones they believe is the
biggest threat. As time goes on, they will add other sites. The list will be changing
as new sites are added and others are removed.
Delahunt stated that the Y Road dump is not currently on the State's list.
The County will look at the dump this year, and it is possible it will be added to the
list, depending what is found. The list of sites that they do this year has not been
determined.
Hoag questioned whether all suspected sites would be ranked, or only
selected ones. Delahunt stated that the 70 selected sites doesn't include the Y
Road. It has never been listed.
Brenner asked who made the list. Delahunt stated that it was DOE.
Spencer stated that the information came from the Health Department.
Brenner asked why the Health Department hasn't given information on the Y
Road. Delahunt stated that they don't have any specific information that shows the
Y Road is contaminated.
Brown stated that the Y Road is compressed soil, capped in the early 1980's,
and there isn't a lot of infiltration.
Delahunt stated that the Y Road will be looked at to determine whether it
needs to go on the list.
Brenner asked if money from this grant will go toward looking at it.
Delahunt stated not necessarily.
Nelson stated that they were looking at the Y Road dump as a stormwater
issue this past year. Part of the program was looking at areas around the lake.
Brenner stated that it is curious why it wouldn't be on there if they are
getting the funding. She asked if any sites ranked in Whatcom County have been
done. Delahunt stated they would have to get information from DOE.
Nelson asked Brenner to discuss with Mr. Spencer on this issue. The Health
Advisory Board should look at how the determinations for the listings are made.
Finance and Administrative Services, 6/1/99, Page 6
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Dawson stated that there was confusion prompted by the Bellingham Herald.
Delahunt stated that the article mistakenly said that this grant would pay for the Y
Road landfill.
Motion carried unanimously.
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPOINT THE
WHATCOM COUNTY COUNCIL OF GOVERNMENTS AS THE LEAD
AGENCY TO COORDINATE CENSUS 2000 EFFORTS, FUNDING FOR
COORDINATOR IS INCLUDED IN BUDGET AMENDMENT #4 IN THE
AMOUNT OF $16,729 (AB99 -196)
Nelson stated that it is an agreement between the County and the Council of
Governments (COG). The funding will come later, in the supplemental budget
request.
Dave Wareing, Deputy Administrator, stated that was correct. They added it
in there so it can be done at once.
Nelson moved to recommend approval.
Hoag asked who was lead agency in 1990 and what was spent. Wareing
stated that he did not know.
Nelson stated that there may not be any information.
Hoag questioned the pre- census effort in 1990.
Brown stated that the federal government should fund this, however there
were some things that came to light. He agreed with funding this position through
the County and questioned whether the other entities have agreed to funding.
Wareing stated that the other entities are pre- disposed to doing this if the County is
willing to do it. It is important to get the revenue that is due the County. The
administration would rather the COG participate through this process than have the
County hire someone.
Brenner stated that there is a Birch Bay concern about people getting
counted twice, due to the vacation homes. She questioned who determines
whether the Canadians are going to be counted. Wareing stated that the County
will not make that determination.
Brown stated that the County facilitates counting.
Brenner asked Wareing to find out how they treat recreational homes and
vacationers.
Brown stated that he had that conversation. As long as they are residing
here for a certain amount of time, they should be counted.
Finance and Administrative Services, 6/1/99, Page 7
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Brenner stated that an impact for a few months is different than an impact
for a full year. She questioned whether there is a specified amount of time after
which someone is considered a resident.
Nelson stated that she should ask that of the census people.
Hoag asked if the committee would amend to include, "subject to
participation by the City of Bellingham." She expressed concern that the goals will
not be accomplished with only the money allocated by the County. The amounts to
be allocated by the other cities are small enough to be insignificant.
Motion carried unanimously.
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
1. REQUEST AUTHORIZATION FOR PAYMENT OF COUNCIL MEMBER
TRAVEL AND /OR EXPENSES (AB99 -022G)
Nelson stated that the amounts are for Brenner for the Smart Growth
conference in the amount of $65 and Hoag for cellular phone charges in the amount
of $7.02.
Dawson stated that there is an addition for her.
Imhof stated that there is an addition in the amount of $130 for an
Association of Counties meeting in Chelan.
Imhof moved to remove the $7.02 cell phone charges, because it is against
Council policy.
Brown questioned whether long distance calls are reimbursed. Nelson stated
that each member has a SCAN card for long distance calls.
Hoag stated that it is not against the policy to reimburse cell phone charges.
The charges could be approved subject to the chairman's approval. The past Chair,
Imhof, denied the charges in the past. The present Chair, Dawson, stated that it is
a legitimate cost and approved it. It still has to go through the Council for
approval. It is County business.
(Clerk's Note: End of tape one, side A.)
Hoag stated that it is an expense incurred because of her talking to
constituents.
policy.
Imhof stated that it was discussed during Committee of the Whole and is
Finance and Administrative Services, 6/1/99, Page 8
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Hoag stated that was not true.
Brown stated that reimbursement for phone charges are just as legitimate as
going back to school. He also uses a cell phone, but will probably never come
forward with reimbursement.
Dawson stated that she supported Hoag's charges. She questioned whether
Imhof, as Chair, had a cell phone. Imhof stated that he paid for his own cell phone.
Brenner stated that, in the past, she has brought in her long distance phone
bills for reimbursement. Anyone's phone use for the County should come out of the
Council accounts.
Imhof withdrew his motion.
Nelson stated that an outside phone service is provided. If taxpayers are
going to pay for that, then he asked why certain numbers are crossed off. There
needs to be a policy so that the public is comfortable that the phones are being
used appropriately.
Hoag stated that the bill she turned in has all the phone numbers listed on it.
The numbers are crossed out to protect the privacy of the people owning the phone
numbers.
Imhof moved to recommend approval.
Nelson stated that he would like to discuss how expenses for modern
technology will be handled
Motion carried unanimously.
2. ORDINANCE AMENDING THE 1999 BUDGET, REQUEST #4 (AB99 -186)
Imhof moved to recommend approval.
Brenner asked if the numbers not in the $154,729 total were already
allocated.
Imhof stated that they were transfers.
Brenner stated that she was talking about the Civic Center.
Dave Wareing, Deputy Administrator, stated that those funds were already
allocated. They are just being put into a disbursement fund so they can be paid.
Brenner stated that she didn't remember transferring out of the obligation
bond for the first year debt. She questioned whether that was done. Her concern
about the Civic Center was that costs would add up, and questioned whether item
Finance and Administrative Services, 6/1/99, Page 9
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#5 was already expected to happen when the Council approved the purchase of the
Civic Center. Wareing stated that they are moving money to pay for the bond
issue. The bond issue set the amount of the payments.
Brenner wanted to make sure that the amounts have been listed at the time
the County approved the building. Wareing stated that the bond issue tells what
the payments would be.
Brown stated that it was approved in two stages. A year prior to letting the
bonds, the Council approved the purchase. Once they sold the bonds, then the
County incurred the debt.
Nelson stated that this is the bond that must be paid off.
Brenner asked if it is the exact same amount of debt they expected to occur.
Wareing stated that it is reasonably within the range of what they expected.
Nelson asked if the bond was locked. Wareing stated that it is a set amount.
It is consistent with Council's action.
Nelson moved to amend the supplemental to approve the amount for the
Sean Humphrey House, regarding emergency assistance in the amount of
$18,000 (AB99 -203). Their funding has been downgraded because the people do
not meet certain qualifications. Higher administrative costs have also put them out
of compliance with the State.
Benjamin stated that staffing cuts are due to lack of funding from the State
Department of Social and Health Services (DSHS). They are operating on a
skeleton crew, which is not good for the clients residing there. He believed that
DSHS and the House have come to a consensus of a different level of client that
can begin residing at the House. It will still take time for them to go through the
application process. The House is a fee for service. They have to provide the
service before they can get payment. They are in a cash flow crisis.
Kathy Durham, Sean Humphrey House, stated that the face of AIDS has
changed from gay males to heterosexual users that are mentally ill or have
substance abuse problems. Staffing levels changed to higher levels for a level of
safety. They moved from a hospice situation to more intense care. When DSHS
did not honor their contracts, they then used up reserves and went into
negotiations. They will not see the new residents or higher rate any earlier than
July 1. The expenses are for June. They need to put together an interim budget,
to not occur any additional debt between June and December. They will operate
with board members and volunteers. There is a public safety issue. Shutting the
house down puts people in the street.
Dawson asked if the change is in addition to people with substance abuse
problems. Durham stated that they also have AIDS.
Finance and Administrative Services, 6/1/99, Page 10
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Imhof asked what the new dollar figures will be and whether they will be
enough, or whether this will this as a stop -gap to take them through the end of the
year. Durham sated that the new amount is $2 per day less. In addition, they
went to the AIDS Consortium Network for an advance on their Ryan White money.
That, with the County funding, should get them through. Board members should
also raise donations. It is a tough request to make because these are not people
with whom one can be empathetic about. It is a public safety issue.
Hoag stated that the House is doing an excellent service. She questioned
what has changed at DSHS and whether they could get them back. Durham stated
that she could only speculate about what happened. She speculated there was not
an understanding about what constitutes that particular funding within the DSHS
office. They signed, with other agencies, a contract for funding. Those agencies
are still getting the same funding. The mix of funding and cutbacks will get the
House through the crisis period. As they cutback, they cannot deliver less than the
best service, because the public should be kept safe.
Brown stated that he would not support this because this is a business, not
because of any prejudice. If help is provided, then they will have to do it for all
businesses.
Brenner stated that this is not a business. It is a private family. Some of
their insurance money from the death of their son, Sean Humphrey, was used to
build the facility. A hospice is something that the government should do if no one
else has done. Sean Humphrey House has done this for the County. One other
facility is Seattle has the same structure as Bellingham, as this was purely a local
change of opinion by DSHS on how the criteria should be applied, not on the criteria
itself.
Nelson stated that this is a gifting of public funds that has not gone through
a Request for Proposals (RFP) process. There are many similar agencies in the
County. The Council is stepping out on a limb on a policy direction. He questioned
whether the funding is for dying with dignity and whether the people are diagnosed
as chronic or terminal. Durham stated that one of the things that happens with
AIDS folks who don't take their medications is that the medication only provides a
small amount of additional life. Missing one dose causes a virus that mutates
instantly, then they have to redo the medications. All folks are diagnosed as
terminal because these folks don't have the faculties to take their medication
appropriately because of their other problems.
Nelson asked if the State has addressed this. Benjamin stated it is not
funded through mental health.
Imhof moved to add the $18,000.
Dawson asked that a letter go to DSHS asking for money that should have
come from them.
Finance and Administrative Services, 6/1/99, Page 11
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Brown stated that a person should be clear of the funding policies and
procedures. Funding was shut off because this wasn't an immediate hospice
situation. It turned into a maintenance facility.
Brenner stated that she didn't know of any other agencies that deal with
people who will be dead in a week or two. There are not too many life and death
requests that come before the Council. This request has been okayed by the legal
staff.
Benjamin stated that he supported the request, but he is also concerned with
setting the precedent for other human service agencies.
Brenner stated that, for her, the problem is degree. This is to keep the
facility to current standards.
Nelson stated that he is concerned. There are numerous programs that are
seeking dollars. It has not gone through an RFP process.
Brenner stated that it is an emergency request.
Motion to amend the supplemental budget to add the $18,000 failed 1 -2 with
Imhof in favor.
Brown asked when request #4 was approved.
Hoag stated that it is in the water plan.
Nelson moved approval of the supplemental.
Hoag asked to discuss request #5. She questioned whether Real Estate
Excise Tax (REET) money is or can be used.
Imhof sated that there isn't enough REET money available. Most is used on
other items.
Wareing stated that it is possible that it could be used, but he would check.
Hoag stated that she needed clarification on the Direct Reimbursement for
Dental benefits. Wareing stated that the money is all there, but needs to be moved
to a different location for access.
Motion to approve the supplemental approved unanimously.
3. ORDINANCE ESTABLISHING WHATCOM COUNTY VOTING PRECINCTS
(AB99 -182)
Brown moved to recommend approval.
Finance and Administrative Services, 6/1/99, Page 12
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Motion carried unanimously.
4. ORDINANCE AMENDING WHATCOM COUNTY CODE 24.01, PURPOSE
LIMITATION ON LIABILITY AND DEPARTMENT ESTABLISHMENT
(AB99 -169)
Nelson stated that this was regarding the Health Department and changing
the language from the Whatcom County Health Advisory Board to the Whatcom
County Public Health Advisory Board. It was discussed at the Health Board Meeting
Nelson moved to recommend approval.
Motion carried unanimously.
OTHER BUSINESS
Nelson stated that Sutter has a membership to the American Water
Resources Association. She is requesting money to go to the convention, but will
not need membership for next year because she will not be on the Council. He
suggested getting a Council membership so that they don't have to continue
changing people.
Brown moved to recommend approval.
The committee concurred.
Brown stated that the County needs to make sure that Whatcom County is in
the works regarding the Distressed Counties.
ADJOURN
The meeting adjourned at 1:25 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 Services, 6/1/99, Page 13