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Home My WebLink Aboutord2004-055WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2004 -356 CLEARANCES Initial Date Date Receivedin CouncROffice A endalAn Assi nedto: Originator: Executive Office j 0 5 2004 °r ¢;JI aj 9�51 10112104 10126104 Intro Finance Committee, Council Division Head. Dept Head. ASDeia Prosecutor 1 PorehasingBudgec ),! Executive: Pen Korman SUBJECT: 2004 Supplemental Budget Request #13 ATTACHMENTS: Ordinance, Memoranda & Budget Modification Requests SEPA review required? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO Requested Date: SUMMARYSTATEMENT: Supplemental #13 requests funding from the General Fund: (I) To appropriate $3,500 to fund Sealbelt Emphasis overtime in the Sheriffs Office funded by a Washington Traffic Safely Commission grant. (2) To appropriate $90,000 to fund overtime expenses to provide security at various Point of Entries into the United States. (3) To provide funding of $5,619 for SWAT Team services from the City of Bellingham in the Sher f7s Office. From Emergency Management Fund: (4) To appropriate S5,413 m fund a CERT Program eight -week course for local citizensfrom a Department of Homeland Securityfederal indirect grant. (S) To appropriate $14,200 to fund a Citizen's Corp Program from a Department of Homeland Security federal indirect gran! From Conservation Futures Fund. (6) To provide janding for the purchase of the Anderson property from the Conservation Futures Fund balance. Distribution Indicate these who should receive List specific names to the rlg& Request a copy after Council action. ADS Fad ides Management ADS Finance Brad Bennett ADSnuman Resources ADS Info Service. Assessor Auditor Cooperative Extension District Court Executive Linda Kasper DeweV Desler Health Hearion ECanrner Jail Juvenile Parks Planning Proseculor Public Works sheriff Superior Court Treasurer COUNCIL ACTION TAKEN: 10/12/2004: Introduced. Ordinance or Resolution Number AIIA d d approval to the Ell COUNCIL I (THIS lrem): Ord. 2004 -055 10/26/2004: Adopted 7 -0. Ord 2004 -055. SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: 10/12/04 ORDINANCE NO. 2004 -055 AMENDMENT NO. 13 OF THE 2004 BUDGET WHEREAS, the 2004 budget was adopted November 5, 2003; and, WHEREAS, changing circumstances require modifications to the approved 2004 budget; and, WHEREAS, the modifications to the budget have been assembled here for deliberation by the Whatcom County Council. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 2004 Whatcom County Budget Ordinance #2003 -056 is hereby amended by adding the following additional amounts to the budgets included therein: �OTCC COUNT .,•nnuur,•.. Civil Deputy Pro utor of October , 2004. WH TCOM COUNTY COUNCIL W A COM C WASHINGTON DanYMQ811iane, Chair of the Council ( 4AoPwvecl i ( ) Denied ete Kremen. Countv Executive Expenditures Revenues Net Effect General Fund Sheriff 31500 3,500 0 Sheriff 90,000 90,000 0 Sheriff 5 619 0 5,619 Total General Fund 99,119 93,500 51619 Emergency Management Fund Emergency Management 5,413 5,413 0 Emergency Management 14 200 14 200 0 Total Emergency Management Fund 19,613 0 0 Conservation Futures Fund Executive 382 500 0 382 500 Total Conservation Futures Fund 382,500 0 382,500 Total Additional Supplemental 501 232 11 113 '188 11 �OTCC COUNT .,•nnuur,•.. Civil Deputy Pro utor of October , 2004. WH TCOM COUNTY COUNCIL W A COM C WASHINGTON DanYMQ811iane, Chair of the Council ( 4AoPwvecl i ( ) Denied ete Kremen. Countv Executive WHATCOM COUNTY Summary of the 2004 Su plemental Budget Ordinance No. 13 Net Effect to Fund Increased Balance Expenditure (Increased) (Increase) Department/Fund Description (Decrease) Revenue Decrease General Fund Sheriff To fund overtime for Safety Belt Emphasis Patrol 3,500 3,500 0 Sheriff To fund overtime expenses to provide security at various Point of Entries into the United States 90,000 90,000 0 Sheriff To fund SWAT services from the City of Bellingham 51619 0 55619 Total General Fund 99,119 (93,500) 5 619 Emergency Management Fund Emergency Management To fund CERT Program eight -week course to local citizens 5,413 5,413 0 Emergency Management To fund Citizen's Corp Program 14,200 14,200 0 Total Emergency Management Fund 19,613 (19,613) 0 Conservation Futures To fund costs Fund associated with the purchase of the Anderson property 382,500 Total Additional Supplemental 1 501.232 11( 3.1131 1 388,119 WHATCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225 -4878 June 24, 2004 TO: Pete Kremen, County Executive FROM: Sheriff William Ell �Z RE: Supplemental CAREYJAMES UNDERSHERIFF JEFF PARKS CHIEFOEPU7Y WENDYJONES CHIEF OF CORRECTIONS RECEIVED JUN 2 4 70,04 PETE KREMEN COUNTY EXECE) T IVE The Whatcom County Sheriff s Office has been doing airport security, which has impacted our overtime budget. At this time, we would like to use some of the revenue that we have received to reimburse our overtime costs in our budget. We continue to monitor overtime, but until we can establish an office at the airport, we will still see major overtime usage. SHERIFF CORRECTIONS (369) 676 -6650 (360) 384 -5360 FAX: (360) 738 -2494 (360) 676-6848 (360) 384 -3291 FAX (360) 738 -2480 vvnmf li Fkrl t VVl`1 I 1 BUDGET MODIFICATION REQUEST -epa. ^.meat: A LL 'Corn County Sherar's Off ce Requested By: Marvette Gwinner The following budget modification is requested: Budget Transfer ' XX Budget Supplemental " SOURCE: (Accounts to transfer from or funding source for supplemental) 2920.4342.1011 Transportation Admin. Reimbursement $ 90,000 ACCOUNTS TO INCREASE 2920.6140 Overtime $ 78,500 2920.6210 Retirement $ 21551 2920.6230 Social Security $ 6,005 2920.6259 Workers Comp $ 29554 2920.6269 Unemployment $ 390 TOTAL $ 90,000 PURPOSE OF TRANSFER OR SUPPLEMENTAL: To reimburse the overtime account in patrol from monies received from airport security. Authorized By: Depart—ent Head Date 6._-412004 Executive's Office: Date: ._ Date Posted: By: Transfers affecting salaries and benefits or capital accounts must be authorized by the County Executive. Transfers affecting other objects do rid need Fxeculrve office ararx et. Supplemerstal requests, ff approved by the Executive, will be forwarded to the County Council for Authorization. W_c hmsGtarmalbud mod WHATCOM COUNTY SHERIFF'S OFFICE CAREYJAMES ,.�.' UNDERSHERIFF BILL ELFO SHERIFF JEFF PARKS FAX: (360) 738-2494 CHIEFDEPUTY PUBLIC SAFETY BUILDING WENDY JONES 311 Grand Avenue CHIEFOF CORRECTIONS Bellingham, WA 98225 -4078 RECEIVED September 27, 2004 SEP 2 7 2004 PETE KREMEN TO: Pete Kremen, County Executive COUNTY COUNTY EXECUTIVE FROM: Sheriff William Elfo RE: Supplemental The Whatcom County Sheriffs has received a grant for "CLICK -IT OR TICKET — ZERO TOLERANCE SAFETY BELT EMPHASIS PATROLS" mobilization, September 20 through October 3, 2004. During this period of time, the Whatoom County Sheriffs Office anticipates that we will provide 72 hours of seat belt overtime. At this time, we are asking for spending authority. SHERIFF CORRECTIONS (360) 676-6650 (360) 384 -5360 FAX: (360) 738-2494 (360) 676 -6848 (360) 384 -3291 FAX: (360) 738 -2480 WHATCOM COUNTY BUDGET MODIFICATION REQUEST Department: Whatcom County Sheriffs Office Requested By: Marvette Gwinner The following budget modification is requested: Budget Transfer ' XX Budget Supplemental " SOURCE: (Accounts to transfer from or funding source for supplemental) 2965.4333.2062 Traffic Safety $3,500.00 ACCOUNTS TO INCREASE: 2965.6140 Overtime $ 3,050.00 2965.6210 Retirement $ 100.00 2965.6230 Social Security $ 236.00 2965.6259 Workers comp $ 98.00 2965.6269 Unemployment $ 16.00 TOTAL $ 3,500.00 PURPOSE OF TRANSFER OR SUPPLEMENTAL: The Whatcom County Sheriffs Office has received a grant to participated in the CLICK -IT OR TICKET ZERO TOLERANCE SAFETY BELT EMPHASIS PATROLS mobilization, September 20 through Ocotober 3, 2004. We are requesting spending authority at this time. Authorized By: Department Head: Date September 27,. 2004 Executive's Office: Date Posted: 0 Transfers affecting salaries and beneriis or capital aecouMs must be authorized "a County Executive. Transfers affecting other obteals do not need Executive once approval Supplemental requests, if approved by the Executive, vnll be forwarded to the County Council for Authorization. Mc /misclforms/bud_mod STATE OF WASHINGTON WASHINGTON TRAFFIC SAFETY COMMISSION 1000 S. Cherry St., PO Box 40944 • Olympia, Washington 98504 -0944• (360) ]53 -619] September 16, 2004 Deborah Kent Whatcom CO Sheriffs Office 311 Grand Ave Bellingham WA 98225 Dear Ms. Kent, Your request for a $3,500.00 grant to participate in the "Click -it Or Ticket - Zero Tolerance Safety Belt Emphasis Patrols" mobilization, September 20 and October 3, 2004, is approved. Attached you will find a signed copy of the Memorandum of Understanding be een qyo�ur n agency and the Washington Traffic Safety Commission. —j rMtk m6u" "'t'- As outlined in the grant announcement, funding is on a "reimbursement" basis and requires submission of a State invoice voucher upon completion of activity. Support documents for reimbursement must include signed overtime slips or payroll /expense records showing payments made, individual officer activity logs demonstrating performance, and a combined log tallying all officer activity for the overtime. We encourage you to copy the entire original grant package and forward it to your fiscal department to avoid confusion during the reimbursement process. As it is with most of our funding, these are federal dollars. This is important for your fiscal office to know. The CFDA number for these funds is 20.604. Performance standards for funded personnel are a minimum of three (3) self - initiated contacts per hour funded with a "desired outcome" of three (3) traffic citations per hour. Allowable use of funds is for overtime salary (@ 1.5 times normal rate), and wages and benefits of commissioned personnel in direct support of operational activity. No equipment purchases are authorized. Submissions for reimbursement and support documents are due no later than November 10, 2004. Faxed invoices cannot be accepted. Thank you for your participation in this program. If you have questions, please don't hesitate to contact me. Sincerely, '`" Angle and Occupant Protection Program Manager (360) 753 -0877 award @wtsc,wa.gov 164 WHATCOM COUNTY Or Ticket" seat belt overtime enforcement campaign from September 20 through October 3, SHERIFF'S OFFICE CAREYJAMES FAX (IN1) 73 8-2484 (360) 676 -6948 ONDERSHERIFF BILL ELFO JEFF PARKS SHERIFF CHIEF DEGUfl — 2 Officers, 6 hours each = 12 hours October 1 — PUBLIC SAFETY BUILDING WENS) JONES 311 Gwd Avenue CHIEF OF CORRECTIONS Bellingham, WA 98225 -4878 September 1, 2004 Angie Ward Occupant Protection Program Manager Washington Traffic Safety Commission PO Box 40944 Olympia, WA 98504 -0944 Dear Angie: The Whatcom County Sheriff s Office is requesting to participate in the Commission's "Click It Or Ticket" seat belt overtime enforcement campaign from September 20 through October 3, 2004. Our agency is requesting $3,500. We anticipate providing at least 72 hours of seat belt overtime on the following dates: FAX (IN1) 73 8-2484 (360) 676 -6948 September 20 — 2 Officers, 6 hours each = 12 hours September 24 — 2 Officers, 6 hours each = 12 hours September 25 — 2 Officers, 6 hours each = 12 hours October 1 — 2 Officers, 6 hours each = 12 hours October 2— 2 Officers, 6 hours each = 12 hours October 3 — 2 Officers, 6 hours each = 12 hours 72 hours total We have designated Deborah Kent as the single point of contact for the purposes of the management, administration and activity reporting associated with this grant. Her contact information is as follows: Deborah Kent Traffic Safety Program, Coordinator 311 Grand Ave., Bellingham WA 98225 360 - 676 -6650, 360 - 738 -2494 f, dkent @co.whatcom.wa.us I understand that in order to receive reimbursement our department must submit a completed A- 19 invoice voucher, payroll support documents, completed activity logs, and a combined activity log with totals for the entire mobilization no later than November 10, 2004. We have signed and attached the Memorandum of Understanding (MOU) and look forward to receiving a confirmation letter and copy of the fully executed MOU from your office by September 20, 2004. Sincerely, 6A Bill Elfo, heriff SHERIFF (360) 676-6650 (3501384-5360 Pete Kremen, County �L- -_ive CORRECTIONS FAX (IN1) 73 8-2484 (360) 676 -6948 (360) 384 -3291 FAX (360) 738 -2480 WHATCOM CO) JNTY ORIGINAL �` CONTRACT NO. 1Dofo�o_ MEMORANDUM OF UNDERSTANDING - - -- -- WASHINGTON TRAFFIC SAFETY COMMISSION 1000 So. Cherry St., PO Box 40944, Olympia, WA 98504 -0944 THIS AGREEMENT,js made and entergd into by and between: (insert youragency name above) Hereinafter referred to as "Contractor' and the WASHINGTON TRAFFIC SAFETY COMMISSION, hereinafter referred to as "WTSC" IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law enforcement agencies to conduct "Cliek -it Or Ticket - Zero Tolerance Safety Belt Emphasis Patrols" during the period between September 20 and October 3, 2004. The goal of this project is to contact as many violators as possible with a "Zero Tolerance" for seat belt violations IT IS, THEREFORE, MUTUALLY AGREED THAT: 1. Contractor will provide a commissioned police officer (active or paid reserve) with appropriate equipment (vehicle, radar, etc) on an "overtime" basis (not to exceed 1.5 times normal salary) to enforce seat bell laws. No on-duty personnel will be funded. 2. The period of activity will begin on September 20 and extend through October 3, 2004. Funding is not available for activity before or after this period and funding may not exceed the amount prescribed in the attached Request for Proposal. 3. Performance standards for funded personnel are mruea mur a _uesrreu ou[ come'" m mree (it seat pert citations per hour, I ms Is an enforcement activity with "zero tolerance" for seat belt violations. It is expected Notices of Infraction (NOI's) will be issued at contact unless circumstances dictate otherwise. It is understood that violator contacts may result in related, time - consuming activity. Such activity will be considered for reimbursement. Activity other than that initiated through emphasis patrol contact (investigating collisions, emergency responses, etc) will be the responsibility of the contracting agency and may not be considered for reimbursement. 4. Contractor must submit for reimbursement no later than November 10, 2004. Billings will include: ♦ Invoice Voucher, A19 -1A Forth (attached). Please note that we cannot accept a FAX. We must have Your agency identified as the "Claimant", a Federal Tax ID # and an onoinal signature of the agency head command officer or contracting officer on the A -19 form ♦ Payroll support documents (overtime slips, payroll documents, etc) ♦ Officer worksheets (showing 3 or more self - initiated contacts per hour) ♦ Combined activity log with totals for the entire mobilization 5. Disputes arising under this agreement shall be resolved by a panel consisting of one representative of the Washington Traffic Safety Commission, one representative from your agency and a mutually agreed upon third party. The dispute panel shall thereafter decide the dispute with the majority prevailing. 6. Either party may terminate this agreement upon (30) days written notice to the other party. In the event of termination of this agreement, the terminating party shall be liable for the performance rendered prior to the effective date of termination. IMF MEMORANDUM OF UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION 1000 So. Cherry St., PO Box 40944, Olympia, WA 98504 -0944 IN WITNESS WHEREOF, PARTIES HAVE EXECUTED THI GREEMENT. A WOA�( 9 �� Agency Washingt6h Traffic Safety Commission Date Return to: WTSC Contracting Agent (Pnntltype Name) PO Box 40944 /�.P q_ ` -M Olympia, WA 98592.0944 Signatdre, Bill Elfo heriff Date gnature, Pete Kremer, County Executive Da e WHATCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676 -6650 MEMORANDUM CAREYJAMES UNDERSHERIFF JEFF PARKS CHIEFCRIMINAL DEPUTY DUSTIN HURLBUT CHIEF CIVIL DEPUTY WENDYJONES CHIEF OF CORRECTIONS SEP 2 7 2004 TO: Pete Kremen, County Executive �'�E KREN1EN FROM: Carey James, Undersherifl` f/� TY EXECUTIVE Date: September 24, 2004 SUBJECT: Supplemental to Cover Cost of Bellingham SWAT On or about June 17, 2004 at 0100 hours the Whatcom County Sheriffs was called to the scene of a barricaded subject with the possible presence of a dead body. The subject in this case was reportedly armed with an AK47 heavy assault weapon. In response to the above facts it was determined that the situation was too dangerous for the normal deployment of Deputies of this office. The Whatcom County Sheriffs Office does not have a SWAT team trained and equipped to handle this type of emergency. It was decided for officer safety that the Bellingham Police Department's SWAT team would be called and utilized since they are the nearest properly trained and equipped unit to handle this type of armed subject. The Bellingham Unit arrived on scene at approximately 0630 hours and was on scene until approximately 0830 hours when the subject was taken into custody. The Whatcom County Sheriffs Office was billed for $5,619.35 for the use of the Bellingham Police Department personnel and equipment. This supplemental is requested to cover the unexpected cost for the use of the SWAT unit that responded and assisted. SHERIFF CORRECTIONS (360)384 -5360 (360) 384 -3291 FAX: (360)738 -2494 (380) 676E848 FAX: (360) 738-2480 WHATCOM COUNTY BUDGET MODIFICATION REQUEST Department: Whatcom County Sheriffs Office Requested By: Carey James, Undersheriff The following budget modification is requested: Budget Transfer ' XXX Budget Supplemental " SOURCE: (Accounts to transfer from or funding source for supplemental) 1.2910.1000 Current Exprense Fu ND BALANCF, $5,619.35 ACCOUNTS TO INCREASE: 2920.6630.001 Professional Services /Bellingham Police $ 5,619.35 TOTAL $ 5,619.35 PURPOSE OF TRANSFER OR SUPPLEMENTAL: We have received an extraordinary bill from the Bellingham Police Department for SWAT services which we are requesting funding for, Authorized By: Department Head: Executive's Office : Date Posted: Date p_,. %- � Date: am ` Transfers affecting salaries and benefits or capital accounts must be aultroraed by the County Executive. Transfers affecting other objects do not need Executve Woe approval. supplemental requests, if approved by the Executive, will be forwarded to the County Council for Aulhorizatiwi, kf-c:lmisclfonmsrbutl mod MEMORANDUM TO: Pete Kremen, County Executive FROM: Neil Clement RE: Budget Supplemental, CERT Program DATE: September 8, 2004 Neil Clement Deputy Director RECEIVED SEP 2 1 2w PETE KREMEN COUNTY EXECUTIVE The attached supplemental requests expenditure authority for $5,413 to be reimbursed by an indirect federal grant from the U.S. Department of Homeland Security. Background and Purpose The Region One Homeland Security Council has allocated funding to the Whatcom County Division of Emergency Management from the Federal Fiscal Year (FFY) 2004 Citizen Corps Grant Program. This is a pass- through grant from the U.S. Department of Homeland Security flowing to the Washington Commission for National and Community Service to the Regional Council for use at the local level. The performance period for the grant is from December 1, 2003 through December 31, 2004. The CERT Program provides an eight -week course to local residents to better prepare them to respond effectively to disasters. The Program empowers citizens to prepare themselves and their families and to work within teams of other CERT graduates to address disaster scenarios in their own neighborhoods. Funding from this grant will allow us to conduct a local CERT Train - the - Trainer course. This class will be designed to train a cadre of trainers that have the confidence and skills to teach uniform classes as needed throughout the county. The funding will also allow the purchase of needed CERT supplies and equipment and will provide travel reimbursement for attendance at a multi -state regional CERT Conference. Funding Amount and Source $5,413 from a Department of Homeland Security federal indirect grant. Please contact Neil Clement at extension 50400 for additional information. Whatcom County Budget Modification Request Department What corn County Sheriff's Office Requested by Bill Elf° 145.00 6510 Small Tools /Equipment 45.00 The following budget modification is requested: (check one) Budget Transfer* J Budget Supplemental'* Source: (Accounts to transfer FROM or funding source for supplemental) Cost Center Acct Number Desegnoon Amount 16510 N333. 8702. CERT (DHS) 5,413.00 Accounts to Increase: Cost Center Abut Number 167ZO 16/ZZ 16 tO 16'1&0 16710 Desc ipnon Amount $5,413.00 6320 Supplies 2,638.00 6330 Printing 145.00 6510 Small Tools /Equipment 45.00 6630 Professional Services 2,000.00 6780 Travel- Traininq 585.00 413.00 Purpose of Transfer or Supplemental: (If more room is necessary attach additional sheet.) To request spending authority from Homeland Security Grant for the CERT Program. al 91.054 Authorizations: Department Head Executive's Office Date Posted By Date / Date for authorization. eudgec modification.xle 2/24/99 eB WHATCOM COUNTY ft Sheriff 's Office, Emergency Mgmt. 311 Grand Ave., Ste -B-08 Bellingham, WA 98225 MEMORANDUM TO: Pete Kremen, County Executive FROM: Neil Clement RE: Budget Supplemental, Citizen Corps Program DATE: September 17, 2004 Neil Clement Deputy Director M r r I 1 SEP 2 1 2004 PETE KREMEN COUNTY EXECUTIVE The attached supplemental requests expenditure authority for $14,200 to be reimbursed by an indirect federal grant from the U.S. Department of Homeland Security. • Background and Purpose The Region One Homeland Security Council has allocated funding to the Whatcom County Division of Emergency Management from the Federal Fiscal Year (FFY) 2004 Citizen Corps Grant Program. This is a pass- through grant from the U.S. Department of Homeland Security flowing to the Washington Commission for National and Community Service to the Regional Council for use at the local level. The performance period for the grant is from December 1, 2003 through October 31, 2005. The purpose of the Citizen Corps Program is to effectively utilize available federal resources and existing capabilities within Whatcom County to create an involved community with sufficiently trained and organized volunteer resources to prepare for, respond to, recover from, and endure acts of terrorism, crime, public health issues, and disasters of all kinds. The charter partners in the Citizen Corps Program include: Community Emergency Response Teams (CERT), Volunteers in Police Service (VIPS), the Fire Corps, Neighborhood Watch, and the Medical Reserve Corps. The Whatcom County Citizen Corps Council (CCC) is utilizing a Volunteer In Service To America (VISTA) to facilitate the local program. The CCC adopted the budget that is the subject of this supplemental request. Funding Amount and Source $14,200 from a Department of Homeland Security federal indirect grant. Please contact Neil Clement at extension 50400 for additional information. Whatcom County Budget Modification Request Department Whatcom County Sheriff's Office Requested by ailu elfo The following budget modification is requested: (check one) ___ Budget Transfer* --3(— Budget Supplemental ** Source: (Accounts to transfer FROM or funding source for supplemental) CoN Center Acct Number Descnption Amount 16760 RI33 $j01 Citizen corps (DES) 14,200.00 Accounts to Increase: Cost center 16760 16760 16760 16760 16760 16760 $14,200.00 Aom Number Description Amount 6259 Workers Compensation 1,300.00 6320 Supplies 1,000.00 6610 Contractural Services 1,350.00 6780 Training- Training 2,000.00 6790 Travel -Other 3,000.00 7190 Miscellaneous 5,550.00 $14,200.00 Purpose of Transfer or Supplemental: (If more room is necessary attach additional sheet.) To request spending authority from Homeland Security Grant for the Citizens Corp Program. CFDA 91, 0573 Authorizations: ,t 4 9-2 /_ Ov Department Head (1/ Date Executive's Office Date Budget modification.xls 2/29/99 EB authori' t. Whatcom County Budget Modification Request Department Executive Requested by Dewey Desler The following budget modification is requested: (check one) Budget Transfer' Budget Supplemental*` Source: (Accounts to transfer FROM or funding source for supplemental) Cost Center Acnt Number Desorption Amount 17500 2910.1opo FN ND_BA.SANcii _ 382,500.DD $382,500.00 Accounts to Increase: — 0" Cost Center Acct Number Desorption Amount 17500 7320 Land Purchase 360,000.00 17500 6630 Professional Services 2,500.00 _._. _._ .._ ..__..._ $362,500.00 Purpose of Transfer or Supplemental: (If more room is necessary attach additional sheet.) For costs associated with the purchase of the Anderson property. See attached conservation easement, property description and map. Authorizations: DepartmentHead Date Executive's Office Date Date Posted By `Transfers affecting salaries, benefits, or capital accounts must be authorized by the County Executive. Transfers affecting other objects do not need Executive approval_ Supplemental budget requests, if approved by the Executive will be forwarded to the County Council for authorization. Budget modification.xls 2/24/99 ED WHATCOM COUNTY 3 Pete Kremen EXECUTIVE'S OFFICE County Executive County Courthouse 311 Grand Avenue, Suite #108 P Bellingham, WA 98225 -4082 9 @H�NOSO To: Council Chair Dan McShane Whatcom County Council Members From: County Executive Pete Kremen Date: September 28, 2004 Subject: Supplemental Budget Request for Purchase of Anderson Property Enclosed is a supplemental budget request to appropriate funds necessary to complete the purchase of the Anderson property. The County and the City of Bellingham would like to proceed with the joint purchase of the Anderson property. This approximately 34 -acre property sits atop a forested hillside on the southwest side of Lake Whatcom adjoining the recently acquired Stimpson Nature Reserve. The conservation easement that will be filed after purchase will provide public recreational opportunities that will utilize and remain consistent with protecting water quality and the natural attributes of the property. The Administration is recommending approval of this supplemental request in order to complete the above transaction. Funding for this supplemental budget request will come from the Conservation Futures Fund. Office (360) 676 -6717 County (360) 384 -1403 FAX (360) 676 -6775 TDD (360) 738 -4555 After Recording Return To: Whatcom Land Trust P.O. Box 6131 Bellingham, WA 98227 DOCUMENT TITLE: ANDERSON CONSERVATION EASEMENT GRANTOR: CITY OF BELLINGHAM AND WHATCOM COUNTY GRANTEE: WHATCOM LAND TRUST ABBREVIATED LEGAL DESCRIPTION: GENEVA AM THAT PIN OF PARK RESERVE LY SLY OF BLKS 19 -20 ASSESSOR'S TAX PARCEL NUMBER: 350335 493191 ANDERSON CONSERVATION EASEMENT I. PARTIES This Grant of a Conservation Easement is made by the City of Bellingham and Whatcom County, referred to hereafter as Grantors, to Whatcom Land Trust, a Washington nonprofit corporation, referred to hereafter as Grantee. H. FACTS AND OBJECTIVES Grantors own real property in Whatcom County, Washington, referred to hereafter as the Anderson Property or the Property, the legal description of which is attached as Exhibit A A sketch map of the Property is attached as Exhibit B. The Grantee is a publicly supported, nonprofit corporation organized to preserve the ecological, wildlife habitat, scenic, agricultural, recreational and open space value of land. It qualifies under Section 501(c)(3) of the Internal Revenue Code as a tax - exempt nonprofit organization. The approximately 34 -acre Anderson Property sits atop a steep, forested hillside on the southwest side of Lake Whatcom. A small a plateau of sandstone ridges trending southeast to northwest affords sweeping views of Lake Whatcom and surrounding foothills. Intermingled with the ridges are small wetland ponds and streams that drain northwest into Lake Whatcom. A central feature of the property is a man-made, 5 -acre 1 pond surrounded by large overhanging trees. A variety of waterfowl, herons, hawks, kingfishers, and other birds regularly visit the pond for nesting, feeding and resting on its quiet, isolated waters. Several small waterfalls cascade over exposed sandstone ledges on the property. Mature Douglas firs and Western Red cedars join large Big -leaf maples and Red alders in creating excellent habitat for native birds and animals. Several overgrown road/traits through the property provide access to most of the landscape. An easement and gravel road switch -backs through the northern portion of the tract and provides access to properties to the east. The Anderson property is adjacent to the Stimpson Family Nature Reserve and other publicly owned properties in the Lake Whatcom Watershed. The mature tree canopy, in combination with intact forested wetlands and small streams on the property, provide excellent, natural storm water retention and help protect water quality in Lake Whatcom. The intent of the Grantors and Grantee, through this conservation easement, is to protect the water quality of Lake Whatcom, to enhance and preserve the structural complexity and biological diversity of the forest, to conserve and improve wildlife habitat, and to provide passive, nature - oriented public recreational opportunities that utilize and are consistent with protecting water quality and the natural attributes of the Property_ III. GRANT OF CONSERVATION EASEMENT Grantors hereby conveys to Grantee, its successors and assigns, in perpetuity, a Conservation Easement pursuant to Revised Code of Washington RCW 8434.210, over the Anderson Property. The Conservation Easement consists of mutual rights and obligations and is subject to the reservation of rights set forth below. Rights, obligations and reservations all operate as covenants running with the land in perpetuity. W. PERMITTED USES, PRACTICES AND RIGHTS RESERVED BY GRANTORS With regard to the Anderson Property, Grantors reserve the right to do or permit the following: 1. Allow passive, nature oriented, non- motorized public recreational use such as hiking, picnicking, and wildlife viewing and to construct appropriate facilities to enhance this use such as trails, bridges, toilets, signs, and picnic tables, provided that such uses and facilities do not damage Lake Whatcom water quality. 1 Cut trees that present a hazard to safety of people or property. 3. Make modest clearings to create viewpoints, with consent of Grantee, which consent will not be unreasonably withheld. 4. Plant native trees and vegetation and conduct other activity to enhance and protect water quality, ecology and wildlife habitat. 5. Control invasive, non - native species by means that create no significant danger to water quality and the natural environment. 6. Maintain the existing dam and roads on the property. 7. Operate motor vehicles for the maintenance and development of the property. 8. Operate motor vehicles on the existing road easement. V. RESTRICTIONS ON USE Except as provided above, and as may be necessary to carry out those rights reserved, the Grantors shall not on the Anderson Property do or permit any of the following: 1. Cut or remove trees or other vegetation. 1 Build structures or improvements of any type. 3. Explore for or extract minerals, hydrocarbons or other materials. 4. Hunt. 5. Excavate or grade the Property or otherwise materially alter the landscape or topography. 6. Subdivide the Property in any manner. 7. Make commercial use of the Property. 8. Operate motor vehicles, except as is necessary for the management of the Property. 9. Use the property contrary to the purposes of this conservation easement. VI. RIGHTS AND RESPONSIBILITIES OF GRANTEE. Grantors grant and Grantee accepts the right and shared responsibility to preserve and protect in perpetuity the aesthetic, habitat, historical and ecological values of the 3 Anderson Property consistent with the terms of this Easement. In connection with such rights and responsibilities: Grantors grant to Grantee the right to enter the Anderson Property, on reasonable notice, to observe and enforce compliance with the terms of this Conservation Easement. Should Grantors, their successors or assigns, undertake any activity in violation of this Easement, Grantee shall have the right to recover damages or to compel the restoration of that portion of the Property affected by such activity to the condition that existed prior to the undertaking of such unauthorized activity. In such case, the damages or cost of restoration and Grantee's expenses and costs of suit, including attorneys' fees, shall be bome by Grantors or those of then successors or assigns against whom judgment is entered, or in the event that Grantee secures relief without a completed judicial proceeding, by Grantors or those of their successors or assigns who are otherwise determined to be responsible for the unauthorized activity. Any forbearance by Grantee to exercise any rights under this Agreement in the event of a breach shall not be deemed to be a waiver of Grantee's rights under this Easement. ��r�:zFy�elua�ft� In order to establish the present condition of the Anderson Property resources so as to be able to properly monitor future uses of the Property and assure compliance with the terms of this Agreement, Grantee shall, at its earliest possible convenience, prepare or cause to be prepared an inventory of the Property's relevant features and conditions, known as baseline data. The baseline data shall be used to establish the condition of the Property as of the date of this Easement. V11I. GRANTORS' RESPONSIBILITIES Grantors agree to bear all costs of operation, upkeep and maintenance of the Property and to indemnify the Grantee therefrom; in addition, Grantors agree to pay all real property taxes and assessments levied on the Property. IX. ASSIGNMENT OF GRANTEE'S INTERESTS. The Grantee may assign its interests in this Easement to a "qualified" organization within the meaning of Section 170(h) of the Internal Revenue Code of 1954, as amended, so long as that organization has a concern for ecological and aesthetic considerations consistent with the terms of this Easement. Should the Grantee cease to exist, this Easement would be assigned to such an organization - X. GRANT IN PERPETUITY. This Easement shall run with the Property in perpetuity and shall bind the Grantors, their successors and assigns forever. XI. PROPERTY INTEREST. Grantors and Grantee agree that this Conservation Easement gives rise to a property right immediately vested in the Grantee, which right has a fair market value that is at least equal to the proportionate value that the Conservation Easement bears to the value of the Property as a whole, upon the date of the execution of the Easement. If all the conservation purposes of this Easement become impossible to accomplish because of a change of circumstances, this Easement can be extinguished only by judicial proceedings, and on subsequent disposal of the Property the Grantee is entitled to a portion of the proceeds at least equal to the proportionate value of the conservation easement. The Grantee must use the proceeds consistent with the conservation purposes of this easement. In the event of condemnation of the Property in whole or in part, Grantee shall be entitled to compensation proportionate to the loss of conservation values caused by the condemnation. XII. MISCELLANEOUS. 1. The terms Grantors and Grantee, wherever used in this Easement, shall include the above -named Grantors and their successors and assigns, and the above -named Grantee and its successors and assigns. 2. In the event that any of the provisions contained in this Easement are declared invalid or unenforceable in the future, all remaining provisions shall remain in effect. 3. Notice to Grantee shall be to the registered agent of Grantee, who until further notice shall be: J. Bruce Smith Brett & Daugert 300 North Commercial P.O. Box 5008 Bellingham, WA 98227 -5008 IN WITNESS WHEREOF, Grantors and Grantee have executed this Conservation Easement this day of , 2004. GRANTOR: THE COUNTY: WHATCOM COUNTY Lon Pete Kremen, County Executive APPROVED AS TO LEGAL FORM: Senior Civil Deputy Prosecuting Attorney STATE OF WASHINGTON ) ) ss: COUNTY OF WHATCOM ) On this day of 2004, before me personally appeared PETE KREMEN to me known to be the County Executive of WHATCOM COUNTY and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. DATE: NOTARY PUBLIC Printed Name: My Commission Expires: GRANTOR: THE CITY CITY OF BELLINGHAM Mark Asmundson, Mayor Department Approval: Department of Public Works Approved As To Form: of City Attorney Attest: Finance Director STATE OF WASHINGTON ) ) ss: COUNTY OF WHATCOM ) I certify that I know or have satisfactory evidence that MARK ASMUNDSON is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Mayor of the City of Bellingham to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATE. NOTARY PUBLIC Printed Name: My Commission STATE OF WASHINGTON ) ) ss: COUNTY OF WHATCOM ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument, and acknowledged it as the Finance Director of the City of Bellingham to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATE: NOTARY PUBLIC Printed Name: My Expires: THE LAND TRUST: WHATCOM LAND TRUST M STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) Commission I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it as the of WHATCOM LAND TRUST to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. f0. NOTARY PUBLIC Print Name: My Commission Expires: EXHIBIT A Legal Description Parcel A All that part of Park Reserve, "The Amended Plat of Geneva on Lake Whatcom, W.T." Whatcom County, Washington, as per the map thereof, recorded in Book 2 of Plats, Page 14, in the Auditor's Office of said county and state, lying Southerly of the Southerly line of Block 19 and 20, in said Amended Plat of Geneva, except Wellington Avenue and Lynnwood Avenue. Situate in Whatcom County, Washington Parcel A - l: An easement for a common roadway and utility corridor as created by and defined in instrument recorded August 5, 1997 under Auditor's File No. 1970800500, records of Whatcom County, Washington. Situate in Whatcom County, Washington p. .. '. R. .W* ¢Wrs'c oT �sSY� �y4 (fie 1p�. .,y 9�b _.. ..._