HomeMy WebLinkAboutFinance October 12 19991
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WHATCOM COUNTY COUNCIL
Finance and Administrative Services Committee
October 12, 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:
Tom Brown
Robert Imhof
Absent:
None
DISCUSSION AND RECOMMENDATIONS TO COUNCIL
1. ORDINANCE AMENDING ORDINANCE 98 -67, AUTHORIZING EXCESS
CASH IN CERTAIN FUNDS TO BENEFIT THE SAME AND AUTHORIZING
ALLOCATION OF INTEREST INCOME TO PROGRAMS WHERE
GOVERNING LAW OR GRANT TERMS REQUIRE IT (AB99 -360)
Brown moved to recommend approval.
Motion carried unanimously.
2. ORDINANCE ESTABLISHING THE WHATCOM COUNTY INVESTMENT
POOL FUND (AB99 -361)
Imhof moved to recommend approval.
Nelson stated Finance Committee at one time discussed consolidating funds.
He asked why this was not set up before.
Barbara Cory, Treasurer, stated they requested it when they first established
the investment pool. At that time, the direction was to consolidate funds. Because
of changed regulations, it should be set up as a separate fund. It makes auditing
much easier.
Motion carried unanimously.
3. ORDINANCE AMENDING THE 1999 BUDGET, REQUEST NO. 8 (AB99 -
371)
Nelson stated there was a correction to the amount for the Sheriff's
appropriation from the Statewide Marijuana Eradication Program to a corrected
amount of $6,000.
Imhof moved to recommend approval with the corrected amount.
Brown asked if the Black Mountain Forestry item was a one -time
expenditure.
Finance and Administrative Services Committee, 10/12/99, Page 1
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Roger DeSpain, Parks and Recreation Department Director, state it is.
Nelson asked if the item from Health and Human Services to convert a
position to half time is pass- through dollars.
John Hooper, Health and Human Services Human Services Manager, stated
they are.
Nelson asked if the HIDTA item was done before.
Deane Sandell, Undersheriff, stated that was correct.
Nelson asked if the item regarding the Statewide Marijuana Eradication
Program was new. Sandell stated it is new and it is pass- through funding.
Motion to recommend approval carried unanimously.
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE
LUMMI INDIAN BUSINESS COUNCIL FOR THE LUMMI SHORE
ROAD / LUMMI VIEW DRIVE RESTORATION PROJECT PHASE IV, WITH
THE COUNTY'S SHARE IN THE PROJECTED AMOUNT OF $600,000
(AB99 -355)
Nelson stated there were some questions on engineering and the Tribal
Employment Rights Ordinance (TERO) easements.
Imhof moved to recommend approval.
Bruce Mills, Public Works Assistant Director of Administration, stated they
have a letter from Andy Kamkoff, the Lummi Shore Road Project Administrator for
the Lummi Nation, committing them to assigning the easements to Whatcom
County prior to the project going out to bid. The issue from the last meeting was
whether the easements on the trust lands the Lummi's will obtain will be turned
over to Whatcom County. He has received a letter of commitment stating such
from the Tribe.
Dan Gibson stated the status of TERO, in relationship to federal highway
projects, is that the Federal Highway Administration recognizes and authorizes
participation in the TERO programs of the respective tribes. There is specific
exception of Title 7, the Civil Rights Act, to allow for the exercise of Indian
preference in or near reservations. In this instance, they are talking about being
within reservation boundaries. A number of states, including Oregon and
Washington, have recognized and agreed to pay TERO tax in the context of highway
projects. Oregon has entered into a memorandum of Understanding (MOU) with
tribes. The State of Washington Department of Transportation (DOT) indicates that
they have made payment of TERO tax within the reservation. When it is only near
the reservation, they don't make payment. He was satisfied with the way other
jurisdictions have interacted with TERO. The consensus is that TERO is applied to
other jurisdictions, within certain boundaries.
Finance and Administrative Services Committee, 10/12/99, Page 2
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Brown stated they received a document regarding litigation on the ability of
the tribes to tax. Gibson stated he was not in a position to comment on that.
Nelson stated tribal taxation, regarding this type of issue, would be
challenged depending on the type of project.
Brown stated he believed the tribes have been upheld in court.
Gibson stated that in the conversation with the State, the State indicated it
would not recognize TERO outside the boundaries of the reservation. There are
also the state requirements. The County addressed that by making TERO subject
to the state bid requirements.
Councilmember Hoag asked about page 39, item (B), and recommended
"...fee simple property necessary for this project."
Gibson stated he appreciated the desire of Hoag's motion. The fact is this
has already been before the Lummi Indian Business Council (LIBC) for approval. If
one modifies the language, it would have to go before the LIBC again. The County
does not intend to buy any more than they have to.
Hoag stated this is a contract and the language agrees to buy any fee simple
property. Gibson stated it is within the context of purchasing easement for the
project.
Hoag stated she would be concerned if the Council's request for clarification
caused a problem with the Tribe.
Nelson stated the fee lands are people not belonging to the tribe.
Gibson asked if Hoag was suggesting the County might be required to
purchase something that has nothing to do with the road.
Hoag stated that was what she was suggesting.
Nelson stated a judge wouldn't look at it this way.
Gibson stated it was not a concern that arose in the context of this contract.
There was no motion for support of the recommendation.
Motion to recommend approval carried unanimously.
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE
CHANGE ORDER NO. 2, BETWEEN WHATCOM COUNTY AND ELITE
ELECTRICAL, FOR ELECTRICAL INSTALLATION OF THE NEW
EMERGENCY GENERATOR AND A TRANSFER SWITCH WITH AN 800
AMP DISCONNECT, IN THE AMOUNT OF $10,490.03 FOR A TOTAL
CONTRACT AMOUNT OF $41,153.09 (AB99 -368)
Imhof moved to recommend approval.
Finance and Administrative Services Committee, 10/12/99, Page 3
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Dewey Desler, Deputy Administrator, stated the administration submitted
additional information.
Brown stated it seemed like they wanted to increase an allocation for
overtime because the Council originally said work had to be done within certain
hours. He questioned why the County couldn't authorize some of the work during
normal working hours.
Nelson stated the reason was to avoid impacts to those working at the
Northwest Annex. He asked how they would be impacted.
Desler stated there would be three or four days of work that would generate
a lot of work when they begin tearing down the jail. The idea was not to disrupt
the staff.
Imhof stated they also need to take into consideration the dust intake.
Nelson asked why the original bid for the equipment wasn't for the full
installation of everything necessary. Desler stated he hasn't been able to find out
exactly why it wasn't included.
Mike Russell, Acting Facilities Manager, stated the generator was not included
in the price when they originally started the project, for whatever reason. After
they started the project, they were told to order the generator. However, the bid
they sent out did not include the request to install it. That was not normal.
Hoag stated they asked for copies of the original bid. They've never seen the
original bid. They did see a summary that included start -up and testing, which
included modifications to the shop. Russell stated the people from whom they are
buying the generator do not install the generator.
Desler stated he would provide a copy of the original bid.
Motion to recommend approval carried unanimously.
6. REQUEST AUTHORIZATION FOR CONTRACT AMENDMENT FOR
PROFESSIONAL SERVICES WITH OWENS DAVIES MACKIE FOR LEGAL
REPRESENTATION ON GROWTH MANAGEMENT HEARINGS BOARD
APPEALS (AB99 -325A)
Brown moved to recommend approval.
Motion carried unanimously.
COUNCIL "CONSENT AGENDA" ITEMS
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE DEPARTMENT OF
SOCIAL AND HEALTH SERVICES FOR NINE PROGRAMS INTENDED TO
Finance and Administrative Services Committee, 10/12/99, Page 4
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PROVIDE PUBLIC SAFETY AND OFFENDER ACCOUNTABILITY,
HOLDING JUVENILE OFFENDERS ACCOUNTABLE IN ORDER TO
REDUCE RECIDIVISM AND IMPROVE THE COMPETENCIES OF AT -RISK
YOUTH, IN THE REIMBURSABLE AMOUNT OF $653,527 (AB99 -383)
Brown moved to recommend approval.
Motion carried unanimously.
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE DEPARTMENT OF
SOCIAL AND HEALTH SERVICES FOR THE PROCESSING OF AT -RISK
YOUTH, CHILDREN IN NEED OF SERVICES, AND TRUANCY PETITIONS,
UNDER E2SSB 5439 (THE "BECCA BILL "), IN THE AMOUNT OF
$212,523.73 (AB99 -387)
Nelson asked if this was the same amount as last year.
Steve Paus, Juvenile Court Probation, stated it is a decrease. Prior to this
biennium, the County was reimbursed based on a formula that was based on the
workload. This last session, the legislature capped the amount and looked at the
formula across the state.
Nelson asked how much the reduction was. Paus stated it depends on how
they look at it. They projected it was a reduction of 50 %. In reality, the workload
was not that heavy, so the reduction was about $80,000.
Brown asked if the funding for the smaller counties went up. Paus stated it
did. The smaller counties have a minimum amount they receive.
Nelson stated he wanted to see what the previous funding was, when these
things come forward in the future. He asked if personnel in relation to Becca
funding have been taken into consideration. Paus stated they are in the process of
reducing personnel by 50% as a result of this action.
Nelson asked if they noticed a reduction in the workload during the year.
Paus stated they did.
Nelson asked why they didn't reduce the personnel during the year. Paus
stated it was because they had the funding for it.
Brown asked if it was the truancy petitions that were the issue.
Nelson stated the number of youths being processed is lower. Paus
responded that all three categories were less than they projected. Truancy is the
greatest number, but takes the lesser amount of time in court. As a result, they
met with the school districts last week and will come up with a different way of
handling the truancy petitions.
Motion carried unanimously.
Finance and Administrative Services Committee, 10/12/99, Page 5
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3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BEK ENGINEERING
FOR CEDARVILLE LANDFILL MONITORING SERVICES AND Y ROAD
LANDFILL HYDROGEOLOGIC INVESTIGATION, IN THE AMOUNT OF
$50,179.20 (AB99 -393)
Brown moved to recommend approval.
Nelson asked if this was the same amount as last year.
Bruce Mills, Public Works Assistant Director of Administration, stated a
portion of the contract has gone down almost 50% from last year.
Nelson asked if they are doing the same amount of monitoring. Mills stated
the monitoring time has gone down from quarterly to semi - annually because the
leachate is becoming more dilute.
Imhof asked how long the program is.
Chris Chesson, Health and Human Services Environmental Services, stated it
is a minimum of 20 years. The State Department of Ecology (DOE) approved the
reduction and sampling procedure. The County is in its sixth or seventh year of the
program.
Brown asked about testing the Y Road area wells. Chesson stated they
would do an assessment and some sampling of existing private water supply wells
and surface water sites in the area. They are going to assess the need of installing
a well.
Nelson asked if it was a part of DOE's superfund monies. Chesson stated it
was not.
Motion carried unanimously.
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE
DEPARTMENT OF ECOLOGY FOR THE SOUTH FORK NOOKSACK RIVER
COMPREHENSIVE FLOOD HAZARD MANAGEMENT PLAN — PHASE I,
INCLUDING DATA COLLECTION, MAPPING, MEANDER LIMIT
ESTABLISHMENT AND HYDROLOGIC ANALYSIS, GRANT FUNDING IN
THE AMOUNT OF $125,000 AND COUNTY SHARE OF $42,000, FOR A
TOTAL PROJECT COST OF $167,000 (AB99 -394)
Brown moved to recommend approval.
Motion carried unanimously.
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND
WHEELER CONSULTING GROUP, INC. TO PROVIDE FOR TWO
ADDITIONAL SETS OF REVISIONS TO THE LOWER NOOKSACK RIVER
Finance and Administrative Services Committee, 10/12/99, Page 6
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CFHMP FOR UPDATING OF THE DOCUMENT TO REFLECT ONGOING
PLANNING ACTIVITY AND TO INCORPORATE FINAL REVISIONS
SUGGESTED BY THE FLOOD CONTROL ZONE DISTRICT ADVISORY
COMMITTEE AND THE DEPARTMENT OF ECOLOGY, IN THE AMENDED
AMOUNT OF $16,730, FOR A TOTAL REVISED CONTRACT AMOUNT OF
$78,825 (AB99 -395)
Imhof moved to recommend approval.
Motion carried unanimously.
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE
CITY OF BELLINGHAM TO PROVIDE FOR SALMON RECOVERY
PLANNING FOR BOTH THE CITY OF BELLINGHAM AND OTHER
INCORPORATED CITIES WITHIN WHATCOM COUNTY, IN THE FUNDED
GRANT AMOUNT OF $70,000 (AB99 -396)
Imhof moved to recommend approval.
Nelson asked if this item is new.
Jeff Monsen, Public Works director stated the $70,000 is a part of the
$155,000 grant the Council approved earlier. It is 100% federal money. There is a
two -part process. One process requires an agreement with the City of Bellingham
to look at incorporated area activities. The County will hire a consultant to do
unincorporated area activities and then coordinate the compilation of both areas.
The goal is that the City of Bellingham will take the lead for all incorporated areas
within the county. The County, with the remainder of the grant funding, will do the
unincorporated portion and the consolidation of the two.
Hoag questioned item III(1) on page 149 regarding the City of Bellingham's
responsibilities. This seems to be broad and far - reaching. That item doesn't talk
about that strategy being restricted to the City of Bellingham and to the
incorporated areas. The language as it is makes it sound as if it will be the City of
Bellingham's responsibility to come up with a recovery plan for the Endangered
Species Act (ESA). She didn't want to delegate that to the City of Bellingham.
Item 12 is very broad and far - reaching and it should not be delegated to the City of
Bellingham. It was odd to her that this is salmon money that is being given to the
City of Bellingham, who does not have any endangered salmon it its jurisdiction. If
they are going to delegate this to a city, they should delegate it to a city that has
endangered salmon within its jurisdiction. Monsen stated the jury is out on that
matter. Because of the Whatcom Creek incident, there are transplanted Green
River Chinook in the area that may be listed. They are in Whatcom Creek.
Hoag asked if the Green River Chinook are fall Chinook. Monsen stated the
National Marine Fisheries Service (NMFS) told him they should be considered a part
of the protected species. For the Puget Sound Recovery Plan, all geographic areas
will have to come into recognition and compliance of ESA standards, regardless of
whether or not Chinook travel and spawn within a jurisdiction. Any activity within
any jurisdiction that may influence the ability to recovery or would take that species
Finance and Administrative Services Committee, 10/12/99, Page 7
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must be evaluated and addressed. That can be as simple as whether or not there
is a drainage pipe going into Puget Sound. If so, that jurisdiction needs to look at
their operations.
Imhof stated the City of Bellingham does it within the urban context and the
County does it within the rural context.
Hoag stated that is not what the language says. When it lists the City of
Bellingham's responsibilities, it says they will define an overall recovery plan for
ESA and represent a WRIA #1 recovery plan. There is nothing about coming up
with recovery plans for either jurisdiction in the County's list of responsibilities. It
delegates it all to the City of Bellingham. Monsen stated that wasn't the intent and
if the Council wishes to change language, they would do that.
Brown moved to add:
"III. City of Bellingham Responsibilities: Bellingham hereby agrees within
the incorporated areas to:..."
Nelson asked if the other cities have agreed to have the City of Bellingham
do this, and if there was a memorandum of agreement (MOA) established between
the City of Bellingham and the other cities. Monsen stated that is still occurring
procedurally. Verbally, the cities understand the City of Bellingham is moving in
this direction, and they will be supportive.
Nelson asked about the County's responsibility, as the lead agency, in the
relationship of the agreement between the City of Bellingham and the other cities.
Monsen stated that the County would assume the responsibility to work with a city
directly or the city could choose to do it on their own, if they don't chose to enter
into the agreement with the City of Bellingham.
Hoag asked which cities have agreed so far. Monsen stated that at this point
a contact has been made with all of the cities. They are agreeable to doing this
joint venture. There are no formal documents saying such. He stated that Steve
Jilk of the City of Lynden has been designated to represent all the cities except
Ferndale in these discussions.
Nelson stated he would feel better about this if there was an agreement for
this from the municipalities. Monsen stated that is a responsibility of the City of
Bellingham. If the County does not see the agreements, the amount of funding will
be amended. Payment is contingent upon receipt of the agreements.
Motion to amend carried unanimously.
Motion to recommend approval as amended carried unanimously.
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SYMPRO, INC. TO
PROVIDE A TREASURY WORKSTATION SYSTEM FOR USE IN THE
TREASURER'S OFFICE IN THE CONTRACT AMOUNT OF $88,000 (AB99-
397)
Finance and Administrative Services Committee, 10/12/99, Page 8
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Nelson asked about how this ties in with the tax system in the Assessor's
office.
Barbara Cory, Whatcom County Treasurer, stated it has nothing to do with
that.
Karen Thomas, Cash Management Administrator, stated this software will
allow them to keep track of the County's investment portfolio and outstanding
debts. They will be able to do cash forecasting, given plans and budgets. It will
synthesize those into a daily cash position so the funds can be invested better.
Sympro is a business partner with JD Edwards and will provide the interface
between this system and the mainframe. They will no longer have to reconcile the
two systems. There will be greater accountability and more efficient investing of
the investment funds.
Brown asked if there is a future cost for integrating the systems.
Thomas stated there is not.
(Clerk's Note End of tape one, side A.)
Thomas stated there would be a maintenance fee that they have already
submitted for the budget. Sympro will maintain the software so the Treasurer will
not have to rely on the County's Information Services Division to provide hours or
extra expense for maintenance.
Imhof asked if this would quicken the book closing at the end of the year.
Cory stated it probably would not. It will allow them to get the entries done more
quickly because all of the systems will interface. In 1993, their systems used to be
interfaced. They lost that interface when the County switched to the JD Edwards
system in 1993. The investment system and the tax distribution system are no
longer interfaced to the accounting system. This gets the office back to where they
were in 1993.
Nelson asked if the information would be received any quicker because of the
time it takes to input. Cory stated it will be quicker on her end, but there is still a
lot of auditing that needs to be done before the books are actually closed. This
system will not improve that.
Imhof moved to recommend approval.
Motion carried unanimously.
OTHER BUSINESS
Nelson asked about the rollover on Year 2000 (Y2K) compliance issues.
Brad Bennett, ADS Finance Manager, stated Neil Clement, Emergency
Management, would handle this.
Finance and Administrative Services Committee, 10/12/99, Page 9
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Nelson asked Desler to insure that Clement will address this with the Council.
Desler stated they discovered a minor issue with the JD Edwards software.
Nelson asked about additional funding requests from Wizards Consulting
regarding Drayton Harbor and Portage Bay Shellfish Protection Districts. He asked
for a committee update on that item.
Desler discussed the demolition project and fuel tank removal issues. They
may come back to the Council with a supplemental budget request. The County
hopes to get insurance returns from this project.
ADJOURN
The meeting adjourned at 12:50 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 Committee, 10/12/99, Page 10