HomeMy WebLinkAboutFinance June 2 19981
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WHATCOM COUNTY COUNCIL
Finance and Administrative Services Committee
June 2, 1998
The meeting was called to order at 9:30 a.m. by Acting Committee Chair Ward Nelson in
the Council Committee Room, 311 Grand Avenue, Bellingham, Washington.
Also Present:
Connie Hoag
Absent:
Marlene Dawson
Nelson announced that the committee would handle the Consent Agenda items first.
(Clerk's Note: Committee moved to the Consent Agenda)
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
1. ORDINANCE AMENDING THE 1998 BUDGET, REQUEST NO. 5 (AB98 -203)
The committee discussed the first request.
Dave Wareing, Deputy Administrator, stated that this is a transfer. They are re- funding
the process. They had initially intended to do a property swap from the general fund to the road
fund. They decided that Nor -Bell will not transfer it to Public Works. They had allocated
$200,000 from the Equipment Rental and Revolve (ER &R) fund, but now they the work on the
facility to be funded from the general fund. They have adequate reserve to do that. It is the
same work to be done, it is just a different source of funding. The building is a general fund
asset. They were going to transfer that as an asset to Public Works in the ER &R fund. Now,
they have decided not to do that. They are simply replacing the funding.
Nelson questioned what renovations would take place. Wareing stated that they will
renovate the exterior of the building and install an exterior coating. The building does not have
any insulation. It is very difficult to heat. The Facilities Manager recommended that they put a
new surface on the building that will be an insulated surface. They will replace some of the
windows, replace rotten woodwork, and work on the heating and ventilation (HVAC) system.
They will bring the building up to an acceptable operational standard.
Nelson questioned whether administration looked at all the options. Wareing stated that
they have. The building is valued at over $2 million. It is much less expensive to fix the
building than to replace it.
Hoag questioned whether this item was related to the sixth budget supplemental request.
Wareing stated that was correct.
Nelson moved to recommend approval of request numbers 1 and 6.
Finance and Administrative Services Committee, 6/2/98, Page 1
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Motion carried unanimously.
The committee discussed the second item on the supplemental request regarding the
funds received from the City of Bellingham and Water District #10.
Sue Blake, Planning and Development Services Water Resources Manager, stated that
this enables the County to get the money from the City and the District.
Nelson moved to recommend approval.
Motion carried unanimously.
The committee discussed the third item on the supplemental request regarding the High
Intensity Drug Trafficking Area (HIDTA) grant.
Ron Petersen, Sheriff's Chief Civil Deputy, stated the federal government effort to stop
the drug situation along the I -5 corridor. The border task force includes all of the police
agencies in the County. The grant does not require matching money. The Sheriff has been
chosen to monitor the grant and make the expenditures. There will be one full -time employee
with the U.S. Customs who is familiar with the federal grant department to work with the
Sheriff's Office.
Nelson questioned the plan after the first year, which is just adding infrastructure, such as
computer equipment, to the small cities. Peterson stated that there is a committee in place that is
forecasting a long -range plan on how they will attack. It is based on intelligence and the most
successful tactics in dealing with these kinds of issues.
Nelson stated that some of the money that is collected during drug arrests goes into a
County account. He questioned how that is tied into this. Peterson stated that it is not. It is
separate.
Hoag questioned whether this grant money covers all the overhead. Peterson stated that
it does. They are going to put state -of -the -art computers in each police agency in Whatcom
County, then connect them to the County's AS400 law enforcement database for intelligence
gathering. That database has been in place since 1984.
Hoag questioned whether the cost of administering the grant is included in the grant
money. Peterson stated that it is.
Hoag moved to recommend approval.
Motion carried unanimously.
Nelson questioned the drug of concern. Peterson stated that there are a lot of things
taking place in the Orient right now, including the Asian and Russian gangs. The drug of choice
changes with the availability and cost - and - demand. Vancouver is a melting pot for every kind of
Finance and Administrative Services Committee, 6/2/98, Page 2
I illegal drug. It depends on supply and demand.
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3 Nelson stated that he was concerned that they identify the right product. Peterson stated
4 that part of the meetings include the Canadian authorities and their drug unit. There is a good
5 information flow happening. They will attack where necessary.
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7 The Committee moved to the next item, on the substitute supplemental request, regarding
8 the County Council office.
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10 Nelson stated that the staff increase is for the purpose of enabling the Council staff to
11 record more complete Council and committee minutes.
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13 Hoag stated that she is supportive of this and is glad to see it go through. It helps the
14 public find information and helps the Council members to study the history of an item.
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16 Hoag moved to recommend approval.
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18 Dana Brown - Davis, Clerk of the Council, stated that, in addition, the staff wants to create
19 a document tracking system for the office files. It will keep track of every piece of paper that
20 goes into the file.
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22 Motion carried unanimously.
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24 The committee discussed the fifth item on the supplemental budget request regarding the
25 Public Defender's office.
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27 Dave Wareing, Deputy Administrator, recommended that Ostlund be given an
28 opportunity to present this item. The administration would then have a recommendation.
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30 Jon Ostlund, Public Defender Director, distributed a handout (on file). The proposal has
31 two aspects. One is continuation of existing staff, which is the eleventh attorney position and the
32 investigator position. Those two positions have been here since 1996 and have been funding on
33 six -month increments since then. The Bellingham Municipal Court took back their
34 misdemeanors, so they wanted to see what would happen with that. Also, the Prosecutor's office
35 added a deputy to their felony division and a deputy to their juvenile division. Since then, the
36 numbers forecast last July have come true. The current caseloads are higher than they were
37 forecast a year ago. This year, the felony caseloads went up 20% over what they were in 1997.
38 One attorney is assigned 200+ cases. The misdemeanor caseload for the City of Bellingham
39 went down eventually by 33% - 39 %. Misdemeanors have been steady for the last several years.
40 They are forecasting a drop there. It hasn't dropped as much as he expected. The other
41 statistics regard the juvenile area. The criminal juvenile delinquencies are up 40% from last
42 year. It will end up as an additional 20% to 30% increase over last year, because of the
43 additional juvenile prosecutor. The civil juvenile cases, which address the BECCA bill, has also
44 skyrocketed. It is up 91% from last year. They cannot handle these cases without the staffing he
45 requested. They haven't added a secretary position since 1993. Since then, their caseload has
46 gone up 2,000 cases per year. His costs for handling the cases are much lower than having a
Finance and Administrative Services Committee, 6/2/98, Page 3
I private attorney do it. The cases that are now conflicted out cost about $1,100 per case,
2 compared to the cost of $230 by doing it internally. They will be receiving approximately
3 $40,000 + from the BECCA bill funding from the State.
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5 Nelson questioned the amount that is generated in funds from fines levied.
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7 Brad Bennett, Administrative Services Finance Manger, stated that a lot of the felony
8 money goes to the State. They can take a look at the revenue history and determine whether
9 there was an increase in the revenue due to the increase in the caseloads.
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11 Wareing stated that may not be an off - setting revenue. They are dealing with
12 dysfunctional individuals that they don't have the money to pay for their defense. It would be a
13 modest increase, if anything.
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15 Hoag questioned what area increased 200 %. Ostlund clarified that the felonies increased
16 20 %, which is an increase of 200 cases.
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18 Hoag questioned what happens to the BECCA bill funding. Ostlund stated that it goes to
19 the general fund, but it will be allocated to the Public Defender, Prosecutor, and the Juvenile
20 Division.
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22 Hoag questioned whether that is additional money that the departments will receive, or
23 will it reduce the amount that is paid out of the general fund. Ostlund stated that it will reduce
24 the amount the County pays out of the general fund.
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26 Hoag questioned how much time a misdemeanor case requires compared to other types of
27 cases. Ostlund stated that they are a lot less time consuming. For instance, a felony attorney in
28 the Public Defender's office can handle about 200 — 220 cases per year. Each attorney for
29 misdemeanors is able to handle about 600 cases per year. A misdemeanor case is about 1/3 of a
30 time that a felony case takes. Juvenile cases are mixed. Some are misdemeanors. Usually, a
31 misdemeanor case in District Court requires the attorney to make 1 — 3 appearances with the
32 client. The rest of the time is talking with the client, negotiating, and investigating the case. In
33 every juvenile case, there are at least 3 court appearances, and sometimes more. With a juvenile
34 case, even a misdemeanor takes more time. On average, a juvenile case takes about twice as
35 much time.
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37 Hoag questioned whether the time balances out, because of the large number of
38 misdemeanors that are being handled through the City. Ostlund stated that it does not balance
39 out. He is trying to have only three attorneys work on misdemeanors. He still has 3.5.
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41 Hoag questioned the amount of Bellingham cases that the County is still handling.
42 Ostlund stated that this year there have been approximately 240 cases left over. They submit
43 that bill monthly. He anticipates that, by the end of the year, there will be 300+ cases this year.
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45 Hoag questioned whether the County handles all juveniles or the City of Bellingham
46 handles some of the juveniles. Ostlund stated that only the County handles the juvenile cases.
Finance and Administrative Services Committee, 6/2/98, Page 4
2 Hoag questioned whether the County bills the City for the juvenile cases. Ostlund stated
3 that the County does not, because it was never a municipal court function, according to State
4 law. The only infraction is a driving infraction. The juvenile driving cases are handled by the
5 City. Most of the increases have been in the felony juvenile cases.
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7 Nelson questioned whether the cause of the increase was due to the increase in the
8 Prosecutor's office. Ostlund stated that was correct. They are prosecuting more cases. The
9 County misdemeanors for 1998 will almost be the same as 1997.
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11 Hoag stated that the numbers are an anomaly because they reflect a backlog of work
12 being done. Ostlund stated that the 40% portion is an anomaly, but overall there will be an
13 anticipated 25% increase. Historically, the County used to handle 200 juvenile cases per year.
14 The State of Washington has more juveniles incarcerated than any state in the Country, and
15 Whatcom County is the highest county in the State. They have a very high juvenile prosecution
16 rate in the County.
17 Nelson questioned whether the administration can sustain the added staff. Ostlund stated
18 that the two additional staff positions are an attorney and a clerical person. The current
19 temporary staff positions are an attorney and an investigator.
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21 Wareing stated that they are seeing cases that are both being brought up from the past and
22 new cases. They are based on population and the activity out there. Whatcom County is an
23 anomaly from the crime statistics standpoint. Everyone else is seeing their crime rate drop
24 consistently nationwide, Whatcom County is one of the few counties in the State that continues
25 to go up. There is an increase in the impact of crime, especially juvenile crime, in the County.
26 He talked with Dave McEachran, County Prosecutor, about the statistics. McEachran said that
27 his attorney's handle 100% of the felonies and the misdemeanors that go to District Court. He
28 also estimated that he Public Defender would handle 30% - 40% of District Court.
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30 Nelson questioned whether the Prosecuting Attorney handles 100% of the caseload.
31 Wareing stated that was correct. The Public Defender would handle about 80 %. In District
32 Court, the Prosecutor handles 100% of those cases and the Public Defender handles 35% - 40%
33 of those cases. In Juvenile, they are about the same. Not very many private attorneys come into
34 juvenile court. The Public Defender also has the option of conflicting out cases, which is the
35 pressure release valve for the Public Defender's office. It is an expensive option. They get a
36 better per case cost from the Public Defender than from a private attorney. The amount 216 on
37 packet page 30 does not include the probation violations.
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39 Wareing stated that there is still a potential for cost savings. The recommendation from
40 the Executive's office would be to continue funding of the deputy public defender to the end of
41 the year, as well as the investigator. They would not recommend the additional attorney at this
42 time, but would be willing to reconsider that if BECCA bill money becomes available to fund
43 that position.
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45 Ostlund stated that he believed the BECCA bill money was available for the new attorney
46 position.
Finance and Administrative Services Committee, 6/2/98, Page 5
2 Wareing stated that at the time that the money is available, the administration would then
3 recommend adding the additional attorney.
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5 Ostlund stated that McEachran did not count himself when he said that the Prosecutor has
6 5 attorneys working on felonies. The five attorneys in his office include him. He cannot carry a
7 full caseload because there are 25 people in his office for whom he must manage. They cannot
8 handle their current caseload with 11 attorneys. The increases in adult and juvenile felonies are
9 continuing.
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11 Nelson questioned whether there are State standards regarding caseloads.
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13 Wareing stated that they may be able to look at the BECCA bill money and see what the
14 likelihood is to fund another attorney. The administration recognizes that there is a problem.
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16 Nelson questioned why the numbers keep going up.
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18 (Clerk's Note: End of tape one, side A)
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20 Wareing stated that these are criminal cases where crimes have occurred and need to be
21 addressed. One of the most influential factors in community crime rates is the certainty of
22 punishment and a swift and effective criminal justice response. The County may be unable to
23 effectively and timely address some of these crime problems. Focusing on the lesser crime
24 problems has a greater potential of suppressing crime rates in the future. They have to have a
25 swift and true response. There has to be available resources for that to happen.
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27 Hoag stated that part of what plays into the certainty of punishment bothered her. In the
28 attempt to get the sales tax passed for criminal justice, there has been talk that the various
29 criminal justice divisions has not been able to take care of this or that. That is information that
30 the decision - makers need to have, but to broadcast that to the general public is dangerous.
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32 Wareing stated that, in a free and open society, that kind of information cannot be
33 withheld from the media. It is important that the community and the public be fully aware of
34 what is happening. They have a right to know. Also, the "revolving door" in the jail does more
35 to reinforce the criminal element in the community. They are keeping 1 in 4 people in the jail.
36 The rest are being booked and released. That is a far greater reinforcement mechanism than
37 reading it in the newspaper.
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39 Hoag stated that she supported having a strong justice system, but still believed that it is
40 not in the County's best interest to advertise the fact that cases will not be investigated.
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42 Nelson questioned Hoag about how the County was advertising that the County is not
43 doing certain cases. Hoag responded that editorials by the County Sheriff, the Bellingham
44 Herald, and front -page stories in the newspaper all include unnecessary information and opinion.
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46 Nelson questioned whether Hoag believed that the Sheriff should not have an opinion.
Finance and Administrative Services Committee, 6/2/98, Page 6
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Hoag stated no and that she believed it is not in the County's best interest to advertise that the
County is not even looking at property crimes. It only stands to figure that there will be a rash of
property crimes.
Wareing stated that this is the public's business that they are dealing with. They have a
right to know this information. That is the reality. They have a right to know so that they can
make appropriate decisions. What they saw was two different groups of information that were
presented to the public. They choose to believe one that was not valid.
Hoag questioned whether the current temporary attorney was the 12th attorney. Ostlund
stated that it was the 11th attorney. The 12th attorney that he hired in January has not been
funded other than a savings line item in his budget from a senior attorney that he used to have.
Hoag asked Wareing to clarify the Executive's recommendation. Wareing directed Hoag
to the Council packet page 28. They recommend that the temporary Deputy I be continued to the
end of the year. The workload is there. The new Deputy I attorney should not be funded at this
time unless there is funding available from the BECCA bill that would be new funding. The
Prosecuting Attorney's office has the resources of all the law enforcement agencies in support of
their prosecutions and investigators. The Prosecutor has no investigators in his office. He has
the resources of the Sheriff, State Patrol, and the city police departments. The Public Defender
does need investigators because they go and do the legwork.
Nelson moved to recommend approval and directed Administration and the Public
Defender's Office to work together regarding staffing.
Ostlund stated the budget regarding will run out by the end of the year.
Motion carried unanimously.
Nelson requested an explanation of the position on Public Works /Solid Waste, in dealing
with the new enforcement policies.
Jeff Monsen, Public Works Director, explained the request.
Ravyn Whitewolf, Solid Waste, distributed a handout (on file) and commented.
JoAnn Ernst, citizen, offered several comments.
Dave Wareing, Executive's Office, commented. There was discussion regarding the
proposal process and grant funds; service to the public; continuity of service; what is in the
public's best interest;
Nasser Mansour, Public Works, commented regarding the REP.
Discussion followed regarding procedure. It was decided to move this forward without a
recommendation.
Finance and Administrative Services Committee, 6/2/98, Page 7
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COUNCIL "CONSENT AGENDA" ITEMS
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID AND
ENTER INTO A CONTRACT WITH THE BELLINGHAM HERALD AS WHATCOM
COUNTY'S OFFICIAL NEWSPAPER FOR OFFICIAL PRINTING SERVICES
(AB98 -217)
Dave Wareing, Deputy Administrator, stated this is recommended by the Executive.
Hoag moved to recommend approval.
Motion carried unanimously.
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONSULTANT AGREEMENT BETWEEN WHATCOM COUNTY AND REID
MIDDLETON, INC., FOR THE PRELIMINARY ENGINEERING DESIGN OF THE
RECONSTRUCTION OF PARK ROAD FROM SOUTH BAY DRIVE TO SR 9, CRP
998002, IN THE AMOUNT OF $145,903 (AB98 -218)
Nasser Mansour, Public Works Administration Assistant Director, stated that this
agreement would hire a consultant to do the design work for the entire length of Park Road. It
will be done in two stages. Reid Middleton was chosen to do both phases of this work.
Nelson questioned when construction would begin. Mansour stated that it would begin
next year. They are seeking grant funds.
Nelson questioned whether there is a need for acquisition right away. Mansour stated
that it is needed, but that is typical.
Nelson questioned the amount allocated on this in the six -year road program. Mansour
stated that it was $200,000. The bid was for $149,000
Nelson moved to recommend approval.
Motion carried unanimously.
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #98 -55
FOR THE GENERAL SUPPLY OF CONCRETE DOLO STRUCTURES AND
SUPPLIES FOR THE DEMING DIKING DISTRICT SANDE BANK REPAIR
PROJECT TO THE LOWEST RESPONSIVE BIDDER, BELLINGHAM MARINE
INDUSTRIES, IN THE AMOUNT OF $76,477.63 (AB98 -219)
Lara McKinnon, Public Works Engineering Special Projects Manager, stated that they
went out for a public bid for the supplier. The lowest bid was Bellingham Marine.
Finance and Administrative Services Committee, 6/2/98, Page 8
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Nelson questioned the amount that they had anticipated for this project. McKinnon
responded that it was $96,000. The bid is for $76,477.
Nelson moved to recommend approval.
Motion carried unanimously.
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #98 -56
FOR THE COUNTY'S SUPPLY OF CONCRETE BOX CULVERT WITH TIDE FLAP
GATES FOR THE LUMMI SEAWALL CULVERT PROJECT TO THE LOWEST
RESPONSIVE BIDDER, OCEAN CONSTRUCTION SUPPLIES LTD., IN THE
AMOUNT OF $87,425.80 (AB98 -220)
Lara McKinnon, Public Works Engineering Special Projects Manager, stated that the bid
was for the supplier to deliver the box culverts with the tide gates attached to the Lummi seawall
culvert project.
Nelson moved to recommend approval.
Motion carried unanimously.
5. RESOLUTION SETTING THE HEARING AND NOTICE OF HEARING TO
DECLARE PROPERTY SURPLUS (AB98 -221)
Dave Wareing, Deputy Administrator, stated that this is the house that was purchased as
part of the Civic Center. They are declaring it surplus in preparation of clearing the land for
parking. They hope that someone will buy it, otherwise it will be disposed of.
Nelson moved to recommend approval.
Motion carried unanimously.
(Clerk's Note: The committee moved to the Discussion Items I — 3)
OTHER BUSINESS
1. DISCUSSION REGARDING THE RESOLUTION APPROVING THE WHATCOM
COUNTY COMPREHENSIVE SIX -YEAR ROAD PROGRAM FOR THE YEARS
1999 THROUGH 2004 (AB98 -223)
(This item is scheduled for discussion only - Council action will be taken on June 16,
1998 or at a later date)
Jeff Monsen, Public Works Director, commented. Nelson noted this item will be discussed at
tonight's meeting for a possible work session.
Finance and Administrative Services Committee, 6/2/98, Page 9
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ADJOURN
The meeting was adjourned at 11:05 a.m.
Jill Nixon, Record Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Marlene Dawson, Council Member
Finance and Administrative Services Committee, 6/2/98, Page 10