HomeMy WebLinkAboutPacket Apr 11 2006WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2006-169
CLEARANCES
Initial
Date
Date Received in Council fffrce
Agenda Date
Assigned to:
3128106
Intro
Originator:
4111106
Finance
Division Head
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Committee,
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Council
Dept. Head:
Prosecutor:
Purchasin u'd..e1t,:
Executive `
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TITLE OFD CUMENT: 2006 Supplemental Budget Request #6
ATTACHMENTS. Ordinance, Memoranda & Budget Modification Requests
SEPA review required? ( ) Yes ( X ) NO
Should Clerk schedule a hearing ? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes ( X } NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you must provide the language for use in lire required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
Supplemental 96 requests funding from the General Fund:
(1) To appropriate $10,000 to Non -Departmental to fund legal services in connection with an anticipated
site -specific land use application.
(2) To appropriate $701,000 to Non Departmental to fund purchase of animal control facility.
(3) To appropriate $4,000 to Superior Court Administration to fund Guardian ad Litem training.
From the Election Reserve Fund.
(4) To appropriate $309,549 to the Auditor's Office — Elections to fund various HA VA grant projects.
(5) To appropriate $3, 726 to the Auditor's Office — Elections to fund reconfiguration of Election
Division workstations.
From the Whatcom County Jail Fund.
(6) To appropriate $11,284 to fund domestic violence issues -related trainingfrom grant proceeds.
From the Low Income Housing Fund:
(7) To re -appropriate $24,100 to fund operations and maintenance projects.
(8) To re -appropriate $19,902 to fund repair and rehab projects.
From the Auditor's O&M Fund.
(9) To appropriate $3,273 to fund receipt printers.
From the Administrative Services Fund.
(10) To re -appropriate $65,543 to AS -Information Technology for remaining first data integration grant
expenditures.
COMMITTEEACTION:
COUNCIL ACTION.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
SPONSORED BY: Consent
PROPOSED BY: Executive
INTRODUCTION DATE: 3/28106
ORDINANCE NO.
AMENDMENT N0.6 OF THE 2006 BUDGET
WHEREAS, the 2005-2006 budget was adopted November 9, 2004; and,
WHEREAS, changing circumstances require modifications to the approved 2005-2006
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 2005-
2006 Whatcom County Budget Ordinance #2004-059 is hereby amended by adding the
following additional amounts to the budgets included therein:
Expenditures
Revenues
Net Effect
General Fund
Non -Departmental
711,000
0
711,000
Superior Court Administration
4,000
(4,000)
0
Total General Fund
715,000
4 000
711,000
Election Reserve Fund
313,275
309 549
3,726
Whatcom County .sail Fund
11,284
01,284)
0
Low Income Housing Fund
44,002
0
44,002
Auditor's O&M Fund
3,273
0
3,273
Administrative Services Fund
65,543
(65,541)
0
Total Add'I Supplemental
377
MUM,
Z62-M
ADOPTED this day of
ATTEST:
Dana Brown -Davis, Council Clerk
APPROVED AS TO FORM:
r
V,.a
t!'2
Civil Deputy P o ecutor
2006.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Laurie Caskey-Schreiber, Chair of the Council
( ) Approved ( ) Denied
Pete Kremen, County Executive
Date:
I:\BUDGET\SUPPLS\2006_Suppl\Supplementa1 #6.doc
PIA
WHATCOM COUNTY
Summary of the 2006 Supplemental Budget Ordinance No. 6
Net Effect to
Fund
Increased
Balance
Expenditure
(Increased)
(Increase)
Department/Fund
Description
Decrease
Revenue
Decrease
General Fund
To fund legal services in
connection with an
anticipated site -specific land
Non -Departmental
use application.
10,000
-
10,000
To fund purchase of animal
Non -Departmental
control facility
701,000
-
701,000
Superior Court
To fund Guardian ad Litem
Administration
trainin
4.000
(4.000)
0
Total General Fund
715,000
f4,QOO
711,000
Election Reserve Fund
To continue funding voter
management system from
Auditor -Elections
grant Droceeds.
111,516
111,516
0
To continue funding
punchcard replacement
Auditor - Elections
from grant proceeds.
116,493
116,493
0
To continue funding voter
outreach project from grant
Auditor - Elections
proceeds.
27,640
27,540
0
To fund 2 voter outreach
projects and additional vote
processing workstations
Auditor - Elections
from grant proceeds.
54,000
54,000
0
To fund reconfiguration of
Election Division
Auditor - Elections
workstations.
3.726
0
3,726
Total Election Reserve Fund
313.275
Q2Q,5491
3,726
To fund domestic violence
Whatcom County Jail
issues -related training from
Fund
grant proceeds.
11.284
11 284
0
Low Income Housing Fund
To re -appropriate unspent
2005 ops and maintenance
Low Income Housing
funds
24,100
0
24,100
To re -appropriate unspent
Low Income Housing
2005 repair and rehab funds
19,902
0
19,902
Total Low Income Housing Fund
44.002
0
44,002
Auditor's O&M Fund
To fund receipt printers
3,273
0
3.273
To re -appropriate remaining
Data Integration grant funds
Administrative Services
for professional service
Fund
contracts.
1 65,543
(65,543)1
0
Total Add'1 Supplemental
I 1.152.377
I mum
I762.001
3
Whatcom County
Budget Modification Request
Department Executive Office
Requested by county Executive Pete Kremen
The following budget modification is requested: (check one)
Budget Transfer* % Budget Supplemental**
Source: (Accounts to transfer FROM or funding source for supplemental)
Cost Center Accl Number Description Amount
001 2910.1000 Fund Balance 10-r000.00
Accounts to Increase:
Cost Center Acct Number Description
4900 7190.6630 Professional Services
Amount
$10,000.00
10,000.00
$10,000.00
Purpose of Transfer or Supplemental: (If more room is necessary attach additional sheet.)
This is a Supplemental Budget funding request to contract with an outside attorney to
provide legal advice and counsel to Planning & Development Services staff regarding an
anticipated site specific land use application in the Mosquito Lake area of Whatcom County.
Authorizations:
Department He Date
Executive's Office Date
Date Posted By
*Transfers affectingsalaries, benefits, or.capital accounts must beauthorized 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 EB
Supplemental Budget Request status: Pending
Executive
supp'i tD # 2a5 Fund 1 Cost Center 4540 Originator. Linda Harduar
Expenditure Type: One -Time Year 2 2006 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: Purchase of Animal Control Facility
X
costs:
Signature (Required on Hard Copy Submission) Date
Object Object Description
Amount Requested
2910.1000 Fund Balance
($701,000)
7350 Buildings & Structures
$701,000
Request Total
$0
Ia. Description of request:
Whatcom County has contracted with Rustand Inc., SSP Preferred Animal Care for animal control
services for the past several years. The Rustand's have informed the County that they will not be
renewing this agreement, which is set to expire on July 1, 2006.
These funds will be used for the purchase of the current animal control facility as a "turn -key" operation.
An RFP has been sent out for a service provider the County will contract with to use this facility for the
provision of animal care for Whatcom County. The purchase will include the building, land, equipment,
cages, computers, software, vehicles, radios, etc.
1b. Primary customers:
People of unincorporated Whatcom County
2. Problem to be solved:
Whatcom County has contracted with Rustand Inc., SSP Preferred Animal Care for animal control
services for the past several years. The Rustand's have informed the County that they will not be
renewing this agreement, which is set to expire on July 1, 2006.
The County is required by law to provide these services and this is the only facility available in the
community for these services. The County will use these funds to purchase the facility and contract with
another agency to run this program.
3a. Options /Advantages:
There are no other facilities currently set up in the County that would be able to provide animal control
services. This is the best option available to the County.
3b. Cost savings:
4a. Outcomes:
The County will be able to continue the provision of animal control services in the unincorporated areas of
Whatcom County.
4b. Measures:
Wednesday, Mardi 15, 2006
Rpt: Rpt Suppi Regular
5
Supplemental Budget Request status: Pending
Executive
Supp l lFund 1 Cost Center 4540 Originator. Linda Harduar
5a. Other Departments/Agencies:
5b. Name the person in charge of implementation and what they are responsible for.
Deputy Administrator Dewey Desler is responsible for purchase and contracting process for new provider.
6. Funding Source:
Funds for this purchase are being requested from the General Fund.
Wednesday, Marcie 15, 2006
Rpi: Rp1 Suppl Regular
X
OM co
Whatcom County yap A N.F. Jackson
Superior Court2 f Whatcom County Clerk
311 Grand Avenue Superior Court Administrator
Bellingham, Washington 98225 nriackson@whatcomcounty.us
(360) 676-7688 Q`sHINt+�0 FAX (360) 676-6693
E [`
MEMO TO: Whatcom County Council
is .ir 1 LF S:
FROM: N.F. Jackson
DATE: March 6, 2006
SUBJECT: Superior Court Guardian ad Litem Training Supplemental Budget Request
Under Title 11 RCW guardianship guardians ad litern are required to receive refresher training
annually. Until 2005 the only such training available was in either Seattle or Spokane at considerable
cost to the guardian ad litern. The four counties in the northwest corner of the state were losing
guardians ad litern because of the cost of the annual refresher training. In 2004 the Whatcom. County
Superior Court planned and conducted the training for the guardians ad litem on the registries of the
Superior Courts in Island, San Juan, Skagit and Whatcom Counties, and were able to offer state
approved training at considerably less cost. The 2005 281-page training manual prepared by
volunteer experts maybe viewed at hq://www.wliatcomeoun!l.us/sLAperioi.-/titlel ltraining.htm
This will be an annual event. The purpose of the supplemental is to budget for the training, the cost
of which will be wholly recouped by registration fees. The budget is as follows, based on an
estimated enrollment of 75 persons, including faculty, 65 of whom will be paid registrations:
EXPENSES:
Item
Total
Binders
$
1,125.00
Catering
$
2,250.00
Supplies
$
250.00
Rent
$
350.00
$ 3,975.00
w�u�u.w(7atcowicount�.�nslst2periar 7
WHATCOM COUNTY
BUDGET MODIFICATION REQUEST
Department: SUPERIOR COURT
Requested By: N.F. JACKSON, Clerk/Administrator
The following budget modification is requested: Budget Supplemental
SOURCE: (Accounts to transfer from or funding source for supplemental)
3111.XXXX. SC Training Registration Fee (4,000.00)
(Finance to research, assign revenue account)
ACCOUNTS TO INCREASE:
3111.6780 Travel-Educ/Training 4,000.00
PURPOSE OF SUPPLEMENTAL:
Under Title 11 RCW guardianship guardians ad litem are required to receive refresher training annually.
Until 2005 the only such training available was in either Seattle or Spokane at considerable cost to the
guardian ad litem. The four counties in the northwest corner of the state were losing guardians ad litem
because of the cost of the annual refresher training. In 2004 the Whatcom County Superior Court
planned and conducted the training for the guardians ad litem on the registries of the Superior Courts in
Island, San Juan, Skagit and Whatcom Counties, and were able to offer state approved training at
considerably less cost. The 2005 281-page training manual prepared by volunteer experts maybe
viewed athttp://www.whatcomcoLgty.us/superior/tittelItrainin .lg ltin
This will be an annual event. The purpose of the supplemental is to budget for the training, the cost of
which will be wholly recouped by registration fees. The budget is as follows, based on an estimated
enrollment of 75 persons, including faculty, 65 of whom will be paid registrations:
EXPENSES:
Item
Total
Binders
$
1,125.00
Catering
$
2,250.00
Supplies
$
250.00
Rent
$
350.00
$ 3,975.00
Authorized By:
Department Head: Date:
Executive Office: Date:
Date Posted: Date:
E
coG
WHATCOM COUNTY
�G0M
��P� `' ti�
SHIRLEY FORSLOF
AUDITOR'S OFFICE
;' `
COUNTYAUDITOR
Whatcom County Courthouse
Avenue, Suite 103
DEBBIE ADELSTEiN
311 Grand
QSk1HGt�2
CHIEF DEPUTY
Bellin&ham, WA98225-4038
),1.z
Email:Auditor@co.whatcom.wa.us
-„s 4,c! i
rr ~Phone: 360-676 6740
Internet: wrwv.co.whatccm.wa.us/auditor
FAX: 360-738-4556
MEMORANDUM
To: Pete Kremen, County Executive
From: Shirley Forslof, Auditor~
Date: March 1, 2006
Re: Supplemental Request — Expenditure Authority for HAVA Grants
The HAVA Grants that Whatcom County received are multiple year grants. It is
necessary each year to come back to you for expenditure authority on the
remaining unexpended funds. Attached are three supplemental requests for the
grants that have already been authorized:
1. Voter Management System (Grant #1) — This funding is for the
maintenance of the system for 2006 and 2007.
2. Punchcard Replacement (Grant #2) — This funding is for additional
equipment and services for the disabled voter units and for software
maintenance.
3. Voter Outreach (Grant #3) — This is funding for a local voter pamphlet for
the primary election in September. Since the voters approved a charter
amendment now requiring a voter pamphlet, this will give us the first year
funding from HAVA funds. (We also have another grant this year to cover
the publication of a local pamphlet for the general as well.)
I would ask that you submit these supplemental requests for approval to the
Council. If you have any questions, please feel free to contact me or Debbie
Adelstein, my Chief Deputy.
Licensing Recording Elections Administration/internal Audit
Licensing@co.whatcom.wa.us Recording@co.whatoom.wa.us (lemons@co.vihatoom.wa.us 360-676-6744
360-676-6740 360-676-6740 360-676-6742 360-676-6740 ext50065
M 9
360-738-4555
Supplemental Budget Request Sfalus: Pending
Auditor
Supp'I ID # 269 Fund 109 Cost Center 10908 Originator. Debbie Adelstein
Expenditure Type: One -Time Year 2 2006 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: Voter Management System
1
X 3 aG
Department Head gnature (Required on/Hard Copy Submission) Date
Costs:
Object Object Doscription
Amount Requested
4333 Federal Grants- Indirect
($111,596)
6625 Software Maintenance Contracts
$111.516
Request Total
$0
la. Description of request:
Continues HAVA Grant #1 expenditure authority for grant awarded. Currently this is for maintenance of
the system in 2006 and 2007.
1b. Primary customers:
2. Problem to be solved.
Grant funding authorized for 2006 and 2007; expenditure authority is needed
3a. Options /Advantages:
3b. Cost savings:
4a. Outcomes:
Payments on software maintenance agreement
4b. Measures:
5a. Other Departments/Agencies:
5b. Name the person in charge of implementation and what they are responsible for.
6. Funding Source:
HAVA Grant Funds issued through the Secretary of State.
Wednesday, March 01, 2006 Rpr: Rpl 5upp! Regular
10
Supplemental Budget Request Status: Pending
Auditor
Supp'l ID 4 270 Fund 109 Cost Center 10909 Originator. Debbie Adelstein
Expenditure Type: One -Time Year 2 2006 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: Punchcard Replacement
X 3511,
Department Head Signat a (Required on Hard Copy Submission) 6ate
costs:
Object
Object Description
Amount Requesfed
4333
Federal Grants- Indirect
($116,493)
6510
Tools & Equip
$14,729
6625
Software Maintenance Contracts
$61,500
6630
Professional Services
$12,642
7420
Computer -Capital Outlays
$27,622
Request Total
$0
Ii
la. Description of request:
This is HAVA Grant funds continuing into 2006 and 2007.
1b. Primary customers:
2. Problem to be solved.
The HAVA Grant covers more than one year and this is the extension of that funding into 2006.
3a. Options / Advantages:
3b. Cost savings:
4a. Outcomes:
Additional equipment and services for disabled voter units.
Software maintenance
4b. Measures:
5a. Other Departments/Agencies:
5b. Name the person in charge of implementation and what they are responsible for.
6. Funding Source:
HAVA Grant funds administered through the Secretary of State's Office.
�_�'��`c:.': _RYri4i:.i 1�� "+.11=AId.nti..hi'z�. r'�=.F�--�F=_�:.T...�.�--..� �.�]:1:A6.US.l�:::..T1�—��•e—...5i�lT^=�„_��. J2S'1:-F�
Wednesday, March 01, 2006 Apt: Rpt Supp! Regular
11
Supplemental Budget Request status: Pending
Auditor
Stipp'[ ID 4 27r Fund 109 Cost Center 10910 Originator: Debbie Adelstein
Expenditure Type: One -Time Year 2 2006 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: HAVA Voter Outreach
X� 0 ra
Department Head Sig ture (Required on Ard Copy Submission) Date
Costs:
Object
Object Description
Amount Requested
4333
Federal Grants- Indirect
($27,540)
6330
Printing
$15,000
6630
Professional Services
$3,140
6710
Postage/Shipping/Freight
$g,000
7069
Repairs & Maint-Interfun
$400
Request Total
$0
1a. Description of request:
This is continuation of the HAVA grant for voter outreach into 2006. This includes funding for a primary
local voter pamphlet.
1b. Primary customers:
2. Problem to be solved:
Funding covers more than one year and these are the funds to be utilized in 2006.
3a. Options / Advantages:
3b. Cost savings:
4a. Outcomes:
Publication of a local voter pamphlet for the primary 2006.
4b. Measures:
Delivery of pamphlet to households.
5a. Other Departments/Agencies:
5b. Name the person in charge of implementation and what they are responsible for.
6. Funding Source:
HAVA Grant funding administered through the Secretary of State.
Wednesday, March 01, 2006 Apt: Rpt Supp! Regular
12
Supplemental Budget Request Status: Pending
Auditor
supp'1 iD # 92 Fund 109 Cost Center .10912 Originator: Debbie Adelstein
Expenditure Type: One -Time Year 2 2006 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: HA VA Grant #4 - Voter Outreach & Processing
Department Head Sign ure (Required Hard Copy Submission) Date
Costs:
Object
Object Description
Amount Requested
4333,5q ID
Federal Grants- Indirect f f*V*
($54,000)
6330
Printing
$25.000
6510
Tools & Equip
$7.500
6710
Postage/Shipping/Freight
$17.000
7420
Computer -Capital Outlays
$4,500
Request Total
$0
la. Description of request.
HAVA Grant funding was requested for the following items: education outreach on optical scan ballots,
publishing a local voter pamphlet for the general election 2006, three additional work stations to process
ballots and an additional mail opener.
1b. Primary customers:
This will assist the voters in Whatcom County and staffing in the Auditor's office.
2. Problem to be solved:
This will enable us to provide additional voter outreach and additional work stations to process ballots.
3a. Options /Advantages:
These were action areas that the Auditor's office deemed consideration that would qualify for grant
funding.
3b. Cost savings:
None.
4a. Outcomes:
Mailing and preparation of voter outreach publications to include a local voters pamphlet and additional
mailings to registered voters regarding updating records and otpical scan ballots. In addition, the delivery
and installation of three additional work stations and a mail opener.
4b. Measures:
Preparation of the outreach documents
Mailing of the items
Procuring & installation of work stations & equipment
5a. Other Departments/Agencies:
DoIT only to the extent of ordering and installing computers.
5b. Name the person in charge of implementation and what they are responsible for:
nla
6. Funding Source:
HAVA grant funding through the Secretary of State.
Wednesday, February 22, 2006 Rpt: Rpt Suppl Regular
13
Supplemental Budget Request Status: Pending
Auditor
Supu r 10 # zeta Fund 109 Cost Center Originator: Debbie Adelstein
Expenditure Type: One -Time Year 2 2006 Add'I FTE ❑ Add1 Space ❑ Priority 1
Name of Request: Election Reception Stations
X
Department He Signature (Required on Hard Copy Submission) Date
Costs:
Object Object Description
Amount Requested
6510 Tools & Equip
$2,026
7069 Repairs & Maint-Intertun
$1,700
Request Total
$3, 726
la. Description of request:
Reconfigure the Election Division reception area to provide better counter visibility. Two desks are
needed, as well as some work from AS -Facilities to install new electrical receptacles and carpet repair.
1b. Primary customers:
Customers seeking help at the front counter.
2. Problem to be solved:
The way the reception desks are configured at the present time does not offer the best sight line of the
front counter. We want to provide more prompt assistance to people at the counter. Larger desks would
also provide more workspace since the ones they currently have are very limited.
3a. Options /Advantages:
This is the best option to improve the sight line while still providing a good workspace for the workers to do
their computer work.
3b. Cost savings:
NIA
4a. Outcomes:
Installation of new desk stations; completion date: mid -April.
4b. Measures:
Installation of the desks and the appropriate electrical hook-ups.
5a. Other Departments/Agencies:
AS -Facilities will need to perform work in providing the electrical service. Rich will need to add this to his
work schedule.
5b. Name the person in charge of implementation and what they are responsible for.
Craig Cummings to assign Rich to do the electrical work.
6. Funding Source:
Election Reserve Fund
Wednesday, February 22, 2006 Rpl: Rpr Suppl Regular
14
WHATCOM COUNTY SHERIFF'S OFFICE
MEMORANDUM
DATE: 02/08/2006
TO: Pete Kremen, Whatcom County Executive
Council Members, Whatcom Cou ty Councilv�-
FROM: Bill Elfo Sheriff 4:41
RE:Domestic Violence training, 2006 Budget Supplemental # 273
Please allow this memo to serve as a request for approval of the accompanying budget
supplemental. This supplemental request is spending authorization to spend grant
money to provide training on Domestic Violence issue for Corrections Staff.
The Bellingham-Whatcom County Commission on Domestic Violence has received a
Federal Grant targeted at Domestic violence offenses. Part of that grant is to provide
training to Jail staff on issues beyond just the impact on the jail. This supplemental will
give permission for us to begin the training in May of this year.
Chief Jones will be happy to make herself available to discuss this matter further, or
provide any additional information you may need. Thanks you in advance for your
assistance in this matter.
15
Supplemental Budget Request Status: Pending
Jail
Sup'/1Fund 118 Cost Center 118190 Originator Wendy Jones
Expenditure Type: One -Time Year 1 2005 Add'I FTB Add'1 Space Priority 1
I Name of Request. DN training
X
Costm.
re (Required on Hard Copy Submission) Date
Object
Object Descriptlon
Amount Requested
4333.1669
DOJ - Domestic Violence Grant
($11.284)
6140
Overtime
$9,M
6210
Retirement
$328
6230
Social Security
$755
6259
Worker's Comp-Interfund
$285
6269
Unemployment-Interfund
$49
Request Total
$0
Ia. Description of request:
This request if for spending authority for grant money received for training Corrections Deputies on
Domestic Violence issues. The grant money was received by the Belli ngham-Whatcom County
Commission Against Domestic Violence, and is intended to provide additional training for Corrections
Deputies in the following areas:
` Dynamics of Domestic Violence
Why abusers abuse their victims
" Women as Domestic Violence Offenders
" Risk Factors
Victim Contact Information
* Availability of Services
* Legatll issues
4b. Primary customers:
Corrections Deputies at the Whatcom County Jail
2. Problem to be solved:
Approximately 2 years ago, the local Domestic Violence Commission received funding to conduct a
survey of the Criminal Justice system as it related to Domestic Violence crimes. The jail was included
as part of that survey. One of the findings of the survey was that jail staff, while aware of Domestic
Violence impacts on the jail, lacked some information about the broader dynamics of Domestic Violence
offenses, and, more importantly, the impact staff could have while an offender was incarcerated. As a
result of that finding, the Commission worked with the jail administrative staff to develop a training
curriculum to address that need, and gained grant money to provide the training. This request is to allow
the jail to use the grant money to cover personnel costs for the training.
3a. Options /Advantages:
NIA
3b. Cost savings.
NIA
4a. Outcomes:
Training for all Corrections Deputies and Jail Administrative staff will be provided in several sessions In
e� .rf�r•••-�;,.��a•.�.-.�..zrcaw:enR,sae�..a�c=�cacy^_vz.s-��- - vn���e�m.=�•z�mr-�_.:�^y.-e:�.arrcr_s�sasncr �-c�c:o�s ,s-rf�-�•,�,—v-�i-r.�s.�.ras-..m
Friday, Marels 03, 200b
Rpt. Rpt Suppl Regular
16
Supplemental Budget Request Stags: Pending
Jail
Supp7 !D # 27s Fund 118 Cost Center 118190 Originator Wendy Jones
the month of May.
4b. Measures:
A review of training records.
5a. Other Departments/Agencies:
Sue Parrott of the Domestic Violence Commission will be coordinating and conducting the training. She
was the individual who created the grant, and wishes to work with the jail staff to provide them this
information.
5b. Name the person in charge of implementation and what they are responsible for.
Please see above.
6. Funding Source:
This request is funded with grant funding under the Federal Grants to Encourage Arrests award received
by the Bellingham-Whatcom County Commission against Domestic Violence.
�i2L2_''1.Wf—-'F"'GT"�'.Y.C.IK�iVYi.".i��.:Nkr�34Vii.^t+TG.'l.'.=9G`: x`MV. _ d.'G[3"W�.�"f�1"�F^�"-n••^'••.a�O_1CT�i"�..fe�Cq�'�.�.lY �i•S-n�.1aY2aS8�.L:AhY.aGJ�E:��SItG>=h'�=1.��]
Friday, March 03, .2006
Rpt. Rpt Suppl Regular
17
Whatcom County
Health Department
509 Girard Street
Bellingham, WA 98225
www.whatcomcounly.us/heagh/
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Memo
c s`'x� ' :-
T' .':.:NYf;-.ram
To: Pete Kremen, County Executive
AJb
From: Regina Delahunt, Director
Date: 3/3/2006
Re: 2006 Budget Supplemental Request
Attached are two supplemental requests to re -appropriate 2060 housing funds that
were unspent in 2005. The Housing Committee recommended, and County Council
approved the extension of three contracts to continue to provide services or complete
planned projects. These requests fund extended contracts with Whatcom
Counseling and Psychiatric Clinic, NW Youth Services, and the Opportunity Council.
There are sufficient resources in the 2060 housing fund to support these requests.
If you need any further information please let me know.
Cc: Dewey Desler
Marianne Caldwell
We
Supplemental Budget Request
Health Human Services
Supp'I 0 # 255 1 Fund 121 Cost Center 121200 Originator: Gary Williams
Expenditure Type: One -Time Year 2 2006 Add'] FTE ❑ Add'I Space ❑ Priority 1
Name of Request: Housing 2060 Operations & Maintenance
X
Departmen Head Signature (Required on Hard Copy Submission) Date
Costs: Object Object Description Amount Requested
6610 Contractual Services $24.100
Request Total $24,100
1 a. Description of request:
The purpose of this request is to re -appropriate low income housing funds that were contracted out but
unspent in 2005. Contracts with the Opportunity Council and NW Youth Services have been extended to
allow for completion of contracts.
1b. Primary customers:
Low-income individuals and families.
2. Problem to be solved.
There is a shortage of very low income housing services and supports.
3a. Options /Advantages:
Lack of affordable housing leads the list of homelessness causes. Creating opportunities for low income
housing is one of the best options. One of the purposes of the fund is to support operations and
maintenance costs of housing projects or units within housing projects that are affordable to very low-
income persons.
3b. Cost savings:
Homelessness has real costs to entire communities and is difficult to quantify.
4a. Outcomes:
Provide case management services, vouchers for housing, housing rental unit improvements and foster
care host homes.
4b. Measures:
The Whatcom County Health Department (WCHD) with the assistance of the Homeless Coalition and the
Whatcom County Housing Advisory Committee continuously re-evaluates the emerging homeless needs
of our community and our progress toward those addressing those needs.
5a. Other Departments/Agencies:
No.
5b. Name the person in charge of implementation and what they are responsible for.
ld1A
6. Funding Source:
Funding is from the Whatcom County 2060 Fund. The funds were allocated as required by RCW and the
Whatcom County 2060 Interlocai Agreement in 2005. The 2060 Housing Committee and County Council
recommended acceptance contract extenisons on January 26th 2006.
Friday, Mardi 03, 2006 Rpt: Rpt Supp! Regular
19
Supplemental Budget Request
Health Human Services
Supp'l !D A 27s Fund 121 Cost Center 121300 Originator. Gary Williams
Expenditure Type: One -Time Year 1 2006 Add'i FTE ❑ Add'I Space ❑ Priority 1
Name of Request: 2060 Repair and Rehab
X
Department Head Signature (Required on Hard Copy Submission) Date
Costs:
Object Object Description Amount Requested
6610 Contractual Services $19,902
Request Total $19,902
1a. Description of request:
The purpose of this request is to re -appropriate low income housing funds that were contracted out but
unspent in 2005. A contract with Whatcom Counseling and Psychiatric Clinic was not completed because
of delays in scheduling a contractor to perform repairs..
1b. Primary customers:
Low-income individuals and families.
2. Problem to be solved:
There is a shortage of very low income housing services and supports.
3a. Options /Advantages:
Lack of affordable housing leads the list of homelessness causes. Creating opportunities for low income
housing is one of the best options. One of the purposes of the fund is to support operations and
maintenance costs of housing projects or units within housing projects that are affordable to very low-
income persons.
3b. Cost savings:
Homelessness has real costs to entire communities and is difficult to quantify.
4a. Outcomes:
Repairs will be made to low-income housing units.
4b. Measures:
The Whatcom County Health Department (WCHD) with the assistance of the Homeless Coalition and the
Whatcom County Housing Advisory Committee continuously re-evaluates the emerging homeless needs
of our community and our progress toward those addressing those needs.
5a. Other Departments/Agencies:
no
5b. Name the person in charge of implementation and what they are responsible for.
nla
6. Funding Source:
Funding is from the Whatcom County 2060 Fund. The funds were allocated as required by RCW and the
Whatcom County 2060 Interlocal Agreement in 2005. The 2060 Housing Committee and County Council
recommended acceptance contract extenisons on January 26th 2006.
Friday, March 03, 2006 Rpt: Rpr Suppl Regular
20
Supplemental Budget Request status: Pending
Auditor
supF�'r ro z�s Fund 166 Cost Canter 16600 Originator: Debbie Adelstein
Expenditure Type: One -Time Year 2 2006 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: Receipt Printers
Department Head Si ature (Required on and Copy Submission) Date
Costs:
Object Object Description Amount Requested
6510 Tools & Equip T $3,273
Request Total $3,273
1a. Description of request:
Individual receipt printers at each work station. Currently there are three larger printers at designated
work sites and all workers print to one of these stations. The clerk must get up from her workstation to
retrieve the customer's receipt each time a document set is recorded.
The purchase of individual receipt printers would complete our goal of having independent workstations.
The benefit of having independent workstations is that each clerk will be able to record several documents
without getting up from their workstation each time to retrieve each customer's receipt. Having individual
receipt printers will also end any issues of receipts being picked up by another clerk by mistake.
Purchasing the individual receipt printers will decrease the amount of time it takes to record documents
that come into our office through the mail.
1b. Primary customers:
Customers of the Auditor's recording system.
2. Problem to be solved:
See Item 1.
3a. Options / Advantages:
This is the receipt printer that will run on our system. Having individual stations will improve efficiencies.
3b. Cost savings:
4a. Outcomes:
Improved efficiency and less errors in collecting receipts when installation of new printers are done.
4b. Measures:
Installation of product.
5a. Other Departments/Agencies:
As-DoIT may need to help with installationlconfiguration of printers. We have discussed this with them.
5b. Name the person in charge of implementation and what they are responsible for.
&. Funding Source:
Auditor's O&M Fund
Wednesday, February 22, 2006 Rpt: Rpt Suppi Regular
21
Supplemental Budget Request status: Pending
Administrative Services Information Services
supp7 iD # 2st1 Fund 507 Cost Center 507101 Originator. Linda Harduar
Expenditure Type: One -Time Year 2 2006 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: Data Integration - Reappropriation
X -� �• �- ----
Dep rtment He d Signature (Required on Hard Copy Submission) Date
Costs:
Object Object Description
Amount Requested
4331 Federal Grant - Direct
($65,543)
6630 Professional Services
$65,543
Request Total
$0
la. Description of request.
These funds, received as a grant from the federal government, were not expended in 2005 and need to
be reappropriated for expenditure in 2006. The funds will be used for professional services on the
Whatcom County Data Integration Project.
1b. Primary customers:
This project will ultimately create a system that will allow for the immediate sharing of law enforcement
data amongst various law enforcement agencies. Users will be able to share data entry responsibilities,
data verification and editing, data -base use for operations, and aggregate justice system data for
proactive planning and budgeting.
2. Problem to be solved:
Every criminal justice and juvenile justice agency in Whatcom County, as well as every state, federal,
municipal and tribal entity maintains its own distinct information system. The different organizations are
currently unable to easily view and use data from other agencies.
3a. Options /Advantages:
3b. Cost savings:
Cost savings will be through improved sharing of information, reduced duplicate data entry, increased
accuracy and reliability of data, real-time availability of data, increased officer safety and increased public
safety.
4a. Outcomes:
This system will ultimately create a system that will allow for the immediate sharing of information needed
by each law enforcement agency for the day-to-day processing of offenders in the criminal justice system.
4b. Measures:
Project evaluation.
5a. Other Departments/Agencies:
This project ultimately will involve all Whatcom County law enforcement agencies.
5b. Name the person in charge of implementation and what they are responsible for:
6. Funding Source:
Funding is from the federal government.
Monday, March 20, 2006 Rpt: Rpt 5uppl Regular
22
WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2006-1 7 o
CLEARANCES
Initial
Date
Date Received in Council QOffce
A enda Date
Assigned to:
3128106
Intro
Originator:
4111106
Finance
Division Head:
�[_ I ��� IcIff
Committee'
�} �}
}5 t 1 1
L
0- M {; 0 j �' 1 S
Council
Dept. Head:
Prosecutor:
%-
Purchasin /B et:;;..�
Executive:
TITL OF D MENT.2006 Project Budget Request #2
ATTACHMENTS: Ordinance, Memoranda & Budget Modification Requests
SEPA review required? ( ) Yes ( X ) NO
Should Clerk schedule a hearing ? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes ( X } NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you mustprovide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
Project Budget Request #2 requests funding from the General Fund:
(1) To appropriate $109,831 to Non Departmental to fund transfer out to Administrative Services fund
for laserfiche projecf,
From the Public Utilities Improvement Fund:
(2) To appropriate $350,000 to fund EDI loan and grant for Bowen Field expansion in Sumas
From the RoadFund:
(3) To appropriate $12,513 to fund transfer out to Administrative Services fund for laserfiche project.
From the Administrative Services Fund.
(4) To appropriate $122,344 to fund Phase Two of the laserfiche implementation project.
COMMITTEE ACTION:
COUNCIL ACTION.
Related County Contract #.
Related File Numbers.
Ordinance or Resolution
Number.
23
SPONSORED BY: Consent
PROPOSED BY: Executive
INTRODUCTION DATE: 3/28/06
ORDINANCE NO.
PROJECT BUDGET AMENDMENT NO.2 OF THE 2006 BUDGET
WHEREAS, the 2005-2006 budget was adopted November 9, 2004; and,
WHEREAS, changing circumstances require modifications to the approved 2005-2006
budget; and,
WHEREAS, Section 6.80 of the Whatcom County Home Rule Charter allows for project -
based capital budget appropriation ordinances that lapse when the project has been completed
or abandoned or when no expenditure or encumbrance has been made for three (3) years, 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 2005-
2006 Whatcom County Budget Ordinance #2004-059 is hereby amended by adding the
following additional amounts to the budgets included therein:
Expenditures
Revenues
Net Effect
General Fund
109,831
0
109,831
Public Utilities (Rural Sales Tax)
Improvement Fund
350,000
0
350,000
Road Fund
12,513
0
12,513
Administrative Services Fund -
Information Technology
122,344
(122,344)
0
Total Project Budget
I NAM
LIZUAMI
4z2am
ADOPTED this day of , 2006.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Council Clerk
APPROVED AS TO FORM:
Civil Deputy P14%cutor
Laurie Caskey-Schreiber, Chair of the Council
( ) Approved ( ) Denied
Pete Kremen, County Executive
Date:
I:\BUDGET\SUPPLS\2006_Suppl\Project Budget #2.doc
24
WHATCOM COUNTY
Summary of the 2006 Project Budget Ordinance No. 2
Net Effect to
Fund
Increased
Balance
Expenditure
(Increased)
(Increase)
Department/Fund
Description
Decrease
Revenue
Decrease
o Tund transter out o
Admin Services fund for
General Fund
laserfiche project.
109,831
0
109,831
Public Utilities (Rural
To appropriate EDI loan
Sales Tax) Improvement
and grant funds for Bowen
Fund
Field expansion in Sumas.
350,000
0
350,000
o un rans er out to
Admin Services fund for
Road Fund
laserfiche budget.
12,513
0
12,513
Administrative Services
To fund Phase Two of
Fund - Information
laserfiche implementation
Technology
project.
122,344
(122,344)
-
Total Project Budget
I
NAM
I (122.344]
I:\BUDGET\SUPPLS\2006—Suppl\Project Budget #2.doc
25
Supplemental Budget Request Status: Pending
Non -Departmental
Supp71D # 292 Fund 9 Cost Center 4023 Originator: MCaldwell
Expenditure Type: One -Time Year 2 2006 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: General Fund funding for laserfiche
za�
X _ me
Departnt H d Signature (Required on Hard Copy Submission) Date
Costs:
Object Object Description
Amount Requested
2910.1000 Fund Balance
($109,831)
8351 Operating Transfer Out
$109.831
Request Total
$0
la. Description of request:
See Laserfiche ASR #289
1b. Primary customers:
2. Problem to be solved.
3a. Options /Advantages:
3b. Cost savings:
4a. Outcomes:
4b. Measures:
5a. Other Departments/Agencies:
5b. Name the person in charge of implementation and what they are responsible for:
6. Funding Source:
General Fund fund balance
Tuesday, April 04, 2006 Rpl: Rpt Supp! Regular
26
Supplemental Budget Request
Status; Pending
Executive
i Supp7ID # 2651 Fund 332 Cost Center 332215 Originator: Suzanne Mildner
Expenditure Type: One -Time Year 2 2006 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: Sumas EDI -Bowen Field Expansion
X _
D partmentbead Signature (Required on Hard Copy Submission) Date
Costs:
Object Object Description
Amount Requested
7220 Intergov Subsidies
$175,000
8451 Intergovermmntl Agreement
$175,000
Request Total
$350,000
1a. Description of request:
Project budget for an EDI Program loan and grant agreement with City of Sumas to support the Bowen
Field Expansion Project
1b. Primary customers:
City of Sumas
2. Problem to be solved:
The EDI Program funding has already been approved by the County Council. This is a project budget to
provide for the agreed upon funding of a grant and loan agreement which is being entered into between
Whatcom County and the City of Sumas.
3a. Options / Advantages:
There are no other options
3b. Cost savings:
N/A
4a. Outcomes:
4b. Measures:
5a. Other Departments/Agencies:
This funding will enable the City of Sumas to fill the funding gaps necessary to complete the Bowen Field
Expansion project.
5b. Name the person in charge of implementation and what they are responsible for.
6. Funding Source:
Public Utilities Improvement Fund
Monday, February 27, 2006
Rpt: Rpt Suppl Regular
27
Supplemental Budget Request Status: Pending
Public Works Administration
Supp't ID # 293 1 Fund 108 Cost Center 10000002 Originator: M Caldwell
Expenditure Type: One Time Year 2 2006 Add'i FTE ❑ Add'i Space ❑ Priority 1
Name of Request: Road Fund funding for laserfrche project
X
Casts:
nt dead Signature (Required on Hard Copy Submission) Date
Object Object Description
Amount Requested
2910.1000 Fund Balance
($12,513)
8351 Operating Transfer Out
$12,513
Request Total
$0
1a. Description of request:
see Laserfiche Project ASR #289
1b. Primary customers.
2. Problem to be solved.
3a. Options /Advantages:
3b. Cost savings:
4a. Outcomes:
4b. Measures:
5a. Other Departments/Agencies:
5b. Name the person in charge of implementation and what they are responsible for.
6. Funding Source:
Road Fund fund balance
Monday, March 20, 2006 Rpl: RplSuppt Regular
C
Supplemental Budget Request Status: Pending
Administrative Services Information Services
Supp'I ID # 289 � Fund 507 Cost Center 10000003 Originator. Linda Harduar
Expenditure Type: One -Time Year 2 2006 Add'I FTE ❑ Add'I Space ❑ Priority
Name of Request: LaserFiche Project Reappropriation
X
Department mead Signature (Required on Hard Copy Submission) Date
Costs:
Object
Object Description
Amount Requested
6625
Software Maintenance Contracts
$13,869
6630
Professional Services
$2,000
7420
Computer -Capital Outlays
$106,476
8301.108
Op Trf In - Road Fund
($12,513)
8301.4530
Op Trf In - Non -Departmental
($109.831)
Request Total
$0
la. Description of request:
The Administrative Services Division of Information Technology has been working to implement a
document management system in County departments using LaserFiche software.
This is a multi -year project that will assist the County in streamlining the records system. Having funds in
a Project Budget will allow funding to flow from year to year until completion of the project.
These funds will be used to complete Phase Two of this project, ongoing maintenance costs, and
software upgrades.
Phase Two:
1) Install Blade Center
2) Purchase and Implement Test Repository
3) Provide LaserFiche 101 Customer Workshops
4) Provide Additional Training for Current Users on New Software
5) Implement Approximately Seven New Record Series in Various Departments - Including Installation of
New Computers, Scanners and Software
6) Implement Second Production Repository
7) Maintain and Enhance Existing Record Series
'fb. Primary customers:
All Whatcom County departments and ultimately the people and businesses in Whatcom County as
records become more easily accessible.
2. Problem to be solved:
Current methods for dealing with County records require a great deal of effort and resources to manage.
The volume of records continues to grow. County departments currently use various means for storing
and accessing records including hard coy, microfilm, microfiche, digital images, etc. All these different
storage systems cost valuable County resources to maintain.
3a. Options /Advantages:
This is Phase Two of a project already underway.
Monday, March 20, 2006 Rpt.• Rpf Suppl Regular
29
Supplemental Budget Request status: Pending
Administrative Services Information Services
Supp'l ►a # 2a9 Fund 507 Cost Center 10000003 Originator. Linda Harduar
3b. Cost savings:
4a. Outcomes:
The use of LaserFiche will allow for the sharing of records electronically both internally and to the public.
This is a multi -phase project. Outcomes will be evaluated yearly.
4b. Measures:
Success will be measured by decreased physical storage space necessary for records and easier access
to record series.
5a. Other DepartmentslAgencies:
Ultimately this will affect all Whatcom County departments and the public.
5b. Name the person in charge of implementation and what they are responsible for:
Each department plays a role as new record series are added.
6. Funding Source:
$109,831 is requested from the General Fund.
$12,513 is requested from the Road Fund
Most of this funding was included in the 2005 budget. Because of obstacles during implementation, these
funds were not used.
Monday, March 20, 2006
Rpt: Rpl Suppl Regular
30
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2006-173
CLEARANCES
Initial
Date
Date Received in Council D ice
A ends Date
Assi ned to:
Originator
3131106
-• t•-,
MF ru
4111106
Finance / Coun
Division Head;
AriR � — 2006
Dept Mead.
Prosecutor
`�C'Qt COUNTY
Purchasing/Bud et:
3/31/06
COUNCIL
Executive:
Dlp
TITLE OF DOCUMENT. Award of Bid #06-04 Roof Repairs at Various Locations
ATTACHMENTS: Memos from Finance and the Facilities Management
SEPA review required? ( ) Yes ( x) NO
Should Clerk schedule a hearing ? ( ) Yes ( x) NO
SEPA review completed? ( ) Yes (x ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (if this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC
as appropriate. Be clear in explaining the intent of the action.)
Facilities Management is requesting approval to award bid #06-04 and enter into contract with the low bidder
for roof repairs at the Courthouse, Health Department and the Forest Street Annex. Two bids were received
and Facilities is requesting approval to award to the low bidder, Western Roofing Co., Inc. in the amount of
$140,724.88.
This is a planned purchase and funds from 2005 were re-established in supplemental budget ordinance 2006-
003.
COMMITTEE ACTION:
COUNCIL ACTION:
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and
printing on the County's website at: www.co.whatcom.wa.uslcouncil.
it
31
WHATCOM COUNTY
ADMINISTRATIVE SERVICES
Whatcom County Courthouse
311 Grand Avenue, Suite 108
Bellingham, WA 98225-4083
DDesler@co.whatcom.wa.us
DEWEY G. DESLER
Director
.pOM Co
z
NG�0
DATE: 30 March 2006
TO: Pete Kremen, County Executive
FROM: Brad Bennett, Administrative Services Finance Manager
SUBJECT: Award of Bid 06-04, Roof Repairs at Various Locations
FINANCE/ACCOUNTING
Whatcom County Courthouse
311 Grand Avenue, Suite 503
Bellingham, WA 98225-4038
Finance@co.whatcom.wa.us
BRAD BENNETT
Manager
Background & Purpose
Bids were duly advertised for roof repairs at the Courthouse, Health Department and the
Forest Street Annex. Two bids were received on Tuesday March 21 and are noted
below.
Vendor
Base Price
Sales Tax
Total
Western Roofing Company Inc.
129,820.00
10,904.88
140,724.88
Scholten Roofing Inc.
139,900.00
11,611.70
151,511.70
Facilities Management is requesting approval to award to the bid and enter into a
contract with the low bidder, Western Roofing Company Inc. in the amount of
$140,724.88.
Funding
This is a planned expenditure and funds for this purchase were approved in the 2005
budget and were re-established in the current budget in supplemental budget ordinance
2006-003. 1 concur with this request.
Admin. Services —Finance Manager
Approved as recommended:
County Executive
Date of Council Action
Administration Facilities Management Finance/Accounting Human Resources Information Services County Residents
(360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676.7684 (360) 398-1310
Fax (360) 676.6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (360) 738.4555 32
WHATCOM COUNTY
ADMINISTRATIVE SERVICES
Whatcom County Courthouse
311 Grand Avenue, Suite 108
Bellingham, WA 98225-4083
DDesler@co.whatcom.wa.us
DEWEY G. DESLER
Director
MEMO TO: Brad Bennett, Finance Manager
FROM: Michael Russell, Facilities Manager
DATE: 3/24/2006
RE: Recommend to Accept Bid Award #06-04
FACILITIES MANAGEMENT
Lottie Street Annex
316 Lottie Street
Bellingham, WA 98225-4010
Facilities@co.whatcom.wa.us
MICHAEL RUSSELL
Facilities Manager
On Tuesday, March 21, 2006 two bids were received in response to Whatcom County Bid #06-
04 Roof Repairs at the Whatcom County Courthouse, Health Dept., and Forest Street Annex.
The following bids were received:
Scholten Roofing Inc., 7157 Guide Meridian Rd, Ste 1, Lynden, WA 98264
In the amount of $139,900.00 plus Washington State Sales Tax
Western Roofing Co Inc, 3705 Irongate Rd, Bellingham, WA 98226
In the amount of $129,820.00 plus Washington State Sales Tax
Western Roofing Co. Inc. met all of the required specif cations for performing the work required
for this project. It is the recommendation of this office that the bid submitted by Western
Roofing Co. Inc. be accepted.
Funding for this project is provided in ASRs # 2005-3820, 2005-3822, 2005-3821. Funding was
reestablished in 2006 with a supplemental budget ordinance # 2006-006.
If you need additional information, please contact me at extension 50575.
Administration Facilities Management Finance/Accounting
(360) 676.6717 (360) 676-6746 (360) 676-6734
Fax (360) 676-6775 Fax (360) 676-6789 fax (360) 738-4553
Human Resources
(360) 676-6802
Fax (360) 738-2521
Information Services
(360) 676-7684
Fax (360) 676-7727
County Residents
(360) 398-1310 33
TTY (360) 738-4555
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2006-174
CLEARANCES
Ir 7ia
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
Superior Court
� {�
M � �
APR 4 _ 2006
liltHATC O M C O U N TY
COUNCIL
11 06
Finance C011n�ll
Division Head:
N/A
N/A
MA
Dept. Head: Jackson
N.F.
Prosecutor
Purchasing/Budget:
Executive:
p
r
SUBJECT:
2006 STOP Grant far Domestic Violence & Sexual Assault Services (DVSAS) Advocacy Services
ATTACHMENTS:
STOP Grant Contract
SEPA review required? ( ) Yes (X ) NO
SEPA review completed? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? { ) Yes (X) NO
Requested Date:
SUMMARYSTATEMENT:
The Superior Court a lied or a STOP rant tom the
P PP f g f
Administrative Office of the Courts, to provide for contracted
domestic violence victim advocacy services in the court,s civil
domestic violence protection order office. The application was a
request to continue for another year the similar STOP Grant
awarded the Court in 2005, the only distinction being that the
advocates will maintain office hours availability in the Court
Services suite.
The court has been awarded the grant, in the amount of $15, 750 to
contract with DVSAS to provide on -call advocates for all victims
applying for protection.
Distribution Request
Indicate those who should receive a copy after Council action.
List specific names to the right.
ADS Facilities Management
nce
ADSFirraan
ADS Human Resources
ADS Info Services
Assessor
Auditor
Cooperative Extension
District Court
Executive
Health
Hearing Examiner
Jail
COUNCIL ACTION TAKEN:
Juvenile
Parks
Planning
Prosecutor
Public Works
Sheriff
Superior Court
Related County Contract #:
Treasurer
Other
Related File Numbers:
Ordinance or Resolution Number
(this item):
34
Whatcom County N.F. Jackson
Superior Court , Whatcom County Clerk
311 Grand Avenue Superior Court Administrator
BeIDngham, Washington 98225 c* nflacksorn@whatcomcounty.us
(360) 676-7688 QIT IN�+�0 FAX (360) 676-6693
MEMO TO: Whatcom County Council
FROM: N.F. Jackson
DATE: March 31, 2005
SUBJECT: 2006 STOP Grant Award, County/Administrative Office of the Courts
The Superior Court applied for a STOP grant from the Administrative Office of the Courts, to
provide for contracted domestic violence victim advocacy services in the court's civil domestic
violence protection order office. The application was a request to continue for another year the
similar STOP Grant awarded the Court in 2005, the only distinction being that the advocates will
maintain office -hours availability in the Court Services suite.
The court has been awarded the grant, in the amount of $15,750 to contract with Domestic
Violence and Sexual Assault Services to provide on -call advocates for all victims applying for
protection. This amount is a reduction from the amount requested and will only cover the first
three quarters of the year. It is hoped that additional money may be forthcoming to fund the
fourth quarter.
Only courts were eligible to apply for this STOP Grant. The Interlocal Agreement between the
court and the Administrative Office of the Courts is mandated in order to accept the funding,
which is, in turn to be paid to DVSAS under a Sub -Recipient Agreement jointly submitted with
the grant award document, the Interlocal Agreement. The Court/County remain obligated under
the grant to provide the match requirement (court staff in -kind contribution) and to make periodic
reports.
www.lv�jatcomcountv�.us�superior 35
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County Contract No.
a00(00303-7
Originating Department:
Superior Court
Contact Person:
N.F. Jackson
(AOC) Administrative Office of the Courts
Contractor's Name:
Gender & Justice Commission
Is this a New Contract? If not, is this an Amendment to an Existing Contract?
Yes X No Yes No X
If an Amendment, previous number(s):
Is this a renewal?
Yes_ No
Contract Amount: (sum of orig contract amt
If a Professional Services Agreement is more than $15, 000 or a Bid is more than
and any prior amendments)
$35, 000, please submit an Agenda Bill for Council approval and a supporting
$15,750.00
memo. Any amendment that provides either a 10% increase in amount or more
This Amendment Amount:
than $10, 000, whichever is greater, must also go to Council and will need an
$
agenda bill and supporting memo. If less than these thresholds, just submit to
Total Amended Amount:
Executive with supporting memo for approval.
Scope of Services
This is a STOP Grant Award, in the
amount of $15,750 to provide for
contracted domestic violence advocacy
services to be provided by DVSAS.
Nature of Contract Amt: ( Check one)
Fixed Amount X Not to Exceed _ Open Ended X
Term of Contract: 411106
Expiration Date: 3131107
Renewal Option Yes _ No X
Last Renewal Expires:
Special Dates or clauses that require calendaring:
Contract Routini2 Stens &
1. Prepared by:
2. Attorney reviewed. q
3. AS -Finance reviewed:
4. Corrections made:
5. Attorney signoff.-
6. Contractor signed:
7. Submitted to Exec Office
Date_? 17, f i AV [electronic]
Date [electronic]
3 �/ o Date electronic]
Date (electronic] hard copy printed
Date
Date
Date .3 -31-06 fsummary via electronic; hardcopies]
8. Reviewed by DCA Date
9. Council approved (if necessary) Date
10. Executive signed: Date
11. Contractor Original returned to dept; Date
12. County Original to Council Date
This form may need to expand to more than one page
Contract for Services Agreement
[insert more specific appellation]
Page 0
v 1.0
36
WHATCOM COUNTY
CONTRACT NO.
CUNT QR���N�� A<DOG 03 037
STATE OF WASHINGTON _
INTERLOCAL COOPERATIVE ACT AGREEMENT
IAA 06191
BETWEEN
THE WASHINGTON STATE
ADMINISTRATIVE OFFICE OF THE COURTS
AND
WHATCOM COUNTY CLERK
THIS AGREEMENT is made and entered into by and between the Administrative Office of the
Courts, 1206 S. Quince St., PO Box 41170, Olympia, Washington 98504-1170, hereinafter referred
to as "AOC", and Whatcom County, Washington, hereinafter referred to as the "COUNTY", for
and on behalf of Whatcom County Cleric, hereinafter referred to as the "CLERK', 311 Grand
Avenue, Bellingham, WA 98225, pursuant to the authority granted by Chapter 39.34 RCW.
1. PURPOSE: The purpose of this agreement is to provide for the AOC granting federal funds
provided through The Department of Community, Trade and Economic Development
(hereinafter CTED) under the federal STOP Violence Against Women Office Grant to the
CLERK, for the purpose of further developing the system for providing Domestic Violence
legal advocacy at the court and creating a manual for providing court -based legal advocacy for
civil legal matters relating to Domestic Violence (hereinafter Project).
2. TERMS, CONDITIONS, AND OBLIGATIONS: The CLERK{ agrees to comply with all
terms, conditions, obligations, and the special conditions set forth in the federal STOP
Violence Against Women formula grant received by the AOC by which this project is being
funded. These conditions include, but are not limited to: 1) Transfer of funds between line
item budget categories can't exceed 10% of the total budget without approval of AOC. 2)
Expenditure of matching funds must be identified on the invoice vouchers submitted to AOC.
3) Courts receiving funds for direct services must report the numbers of persons served
detailing the nature of victimization, number of persons seeking services who could not be
served, and demographic information. 4) To ensure compliance with Title VI and the Safe
Streets Act, recipients are required to take reasonable steps to ensure that Limited English
Proficiency (LEI') persons have meaningful access to their programs. Meaningful access may
entail providing language assistance services, including interpretation and translation services,
where necessary. 5) Any publications, excluding press releases and newsletters, must include
the following:
`This project was supported by Grant No. 2005-WF AX-0024 awarded by the Office on
Violence Against Women, U.S. Department of Justice. Points of view in this document are those
of the author and do not necessariyrepresent the officialposition or policies of the U.S. Department
of Justice. Grant funds are administered by the Office of Crime VutimsAdvocacy, Washington State
Department of Community, Trade and Economic Development."
37
3. STATEMENT OF WORK:
3.1 The AOC shall:
3.1.1 Provide $ 15,750.00 STOP Violence Against Women Office funds to the CLERK
for the Project.
3.1.2 Manage the Project, collect and analyze data generated as a result of the Project,
and develop recommendations for state-wide implementation.
3.1.3 Retain ownership rights over the data generated as a result of the Project, as well
as the final report.
3.1.4 Grant a non-exclusive right to the CLERK to use the data generated, as well as
the final report for CLERK purposes.
3.2 The CLERK shall:
3.2.1 Implement and conduct the Project in accordance with: (i) the AOC STOP
Violence Against Women Office Grant to the Courts, Request for Proposal 2006-
04, dated November 1, 2005 (ii) the proposal, dated January 06, 2006, and revised
budget to said proposal, attached hereto and incorporated herein by reference.
3.2.2 Provide a match equal to at least thirty-three percent (33%) of the funds provided
by the AOC. Up to one hundred percent (100%) of the match may be in -kind.
3.2.3 Assist the AOC in the collection of data and development of recommendations.
3.2.4 Keep records of the local match for federal audit purposes.
3.2.5 Provide written status reports at the end of each quarter Qune 30 2006,
September 30, 2006, December 31 2006, and March 31, 2007). Submit
completed federally required report forms using the CTED format on December
31, 2006, and March 31, 2007.
4. TERM OF AGREEMENT: This Agreement shall be effective from April 1, 2006 and will
expire on March 31, 2007, unless sooner terminated or extended as provided herein.
5. MANNER OF FINANCING—
5.1 AOC shall pay the COUNTY/CLERK an amount not to exceed $ 15,750.00 for the
performance of all things necessary for, or incidental to, the work as set forth in this
Agreement and its incorporated documents.
5.2 Pursuant to the CTED guidelines, the COUNTY/CLERK is required to provide a match
equal to at least thirty-three percent (33°/v) of the funds provided by the AOC. Up to one
hundred percent (100%) of the match may be in -kind.
5.3 Requests for payment under this Agreement shall be submitted not more often than
quarterly. Upon receipt and approval of the properly executed invoices, AOC will remit
payment to the COUNTY/CLERK in a total amount not to exceed the value of this
Agreement. Payments will be considered timely if made by the AOC within 30 days of
invoice receipt by the AOC.
5.4 Allowable costs shall include costs incurred by the CLERK from the first date of the
Agreement period, until the Agreement is terminated or expires as provided herein, but in
no event shall allowable costs exceed the maximum amount of the Agreement. Costs
allowable under this Agreement are based on the budget submitted to the AOC by the
CLERK. The budget may be modified by mutual agreement of the AOC and the
CLERK.
2 38
5.5 Invoices shall be forwarded to the attention of Financial Services„ Administrative Office
of the Courts.
6. ADMINISTRATION: The following individuals are designated as representatives of the
respective parties. The representatives shall be responsible for administration of this
Agreement and for coordinating and monitoring performance under this Agreement. In the
event such representatives are changed, the party making the change shall notify the other
parties.
6.1 The CLERIC's representative shall be Mr. N.F. Jackson.
6.2 The AOC's representative shall be Gloria C. Hemmen.
7. TREATMENT OF ASSETS AND PROPERTY: The COUNTY shall be the owner of any
and all fixed assets or personal property jointly or cooperatively, acquired, held, used, or
disposed of pursuant to this Agreement.
8. RIGHTS IN DATA: Unless otherwise provided, data which originates from this contract
shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by
the AOC. Data shall include, but not be limited to, reports, documents, pamphlets,
advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or
sound reproductions. Ownership includes the right to copyright, patent, register, and the
ability to transfer these rights. In the event that any of the deliverables under this contract
include material not included within the definition of "works for hire," the COUNTY/CLERK
hereby assigns such rights to the AOC as consideration for this contract.
Data which is delivered under this contract, but which does not originate therefrom, shall be
transferred to the AOC with a nonexclusive, royalty -free, irrevocable license to publish,
translate, reproduce, deliver, perform, dispose of, and to authorize others to do so; Provided,
that such license shall be limited to the extent which the COUNTY/CLERIC has a right to
grant such a license. The COUNTY/CLERIC shall advise the AOC, at the time of delivery of
data furnished under this contract, of all known or potential invasions of privacy contained
therein and of any portion of such document which was not produced in the performance of
this contract. The AOC shall receive prompt written notice of each notice or claim of
copyright infringement received by the COUNTY/CLERIC with respect to any data delivered
under this contract. The AOC shall have the right to modify or remove any restrictive
markings placed upon the data by the COUNTY/CLERK.
9. RECORDS, DOCUMENTS, AND REPORTS: The COUNTY/CLERIC shall maintain
books, records, documents and other evidence of accounting procedures and practices which
sufficiently and properly reflect all direct and inditect costs of any nature expended in the
performance of this contract. These records shall be subject at all reasonable times to
inspection, review, or audit by personnel duly authorized by the AOC, the Office of the State
Auditor, and federal officials so authorized by law, rule, regulation, or contract. The
COUNTY/CLERK will retain all books, records, documents, and other material relevant to
this contract for six years after settlement, and.make them available for inspection by persons
authorized this provision.
10. RIGHT OF INSPECTION: The COUNTY/CLERK shall provide right of access to its
facilities to the AOC, or any of its officers, or to any other authorized agent or official of the
3 39
state of Washington of the federal government at allreasonable times, in order to monitor and
evaluate performance, compliance, and/or quality assurance under this contract.
11. DISPUTES: Disputes arising under this Agreement shall be resolved by a panel consisting of
one representative from the AOC, one representative from the COUNTY/CLERK, and a
mutually agreed upon third party. The dispute panel shall thereafter decide the dispute with the
majority prevailing. Neither party shall have recourse to the courts unless there is a showing of
noncompliance or waiver of this section.
12. TERMINATION: Either party may terminate this Agreement upon thirty (30) days written
notice to the other party. If this Agreement is so terminated, the parties shall be liable only for
performance rendered or costs incurred in accordance with the terms of this Agreement prior
to the effective date of termination.
13. CHANGES, MODIFICATIONS, AMENDMENTS: This Agreement may be waived,
changed, modified, or amended only by written agreement executed by the parties hereto.
14. SEVERABILITY: If any provision of this Agreement, or any provision of any document
incorporated by reference shall be held invalid, such invalidity shall not affect the other
provisions of this Agreement which can be given effect without the invalid provision and to
this end the provisions of this Agreement are declared to be severable.
15. ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed
upon by the parties. All items incorporated herein by reference are attached. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the parties hereto.
AGREED:
WHATCOM COUNTY,
WASHINGTON
Date
W191":1
Date
COUNTY CLERIC
STATE OF WASHINGTON
ADMINISTRATIVE OFFICE
OF THE COURTS
Ann E. Sweeney, Director of Judicial Services
Date
4
Approved as to form:
r•
rosecuting Attorney Dale
Approved:
Accepted for Whatcom County:
By:
Pete Kremen, Whatcom County Executive
STATE OF WASHINGTON )
) ss
COUNTY OF WHATCOM )
On this day of , 20 _, before me personally appeared Pete Kremen, to me known to be the Executive of
Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof.
NOTARY PUBLIC in and for the State of Washington, residing at
. My commission expires
41
Supreme Court Gender and Justice Commission
F1 REQUEST FOR PROPOSAL
RFP 0604
WA S H I N GT O N Violence Against Women Office
COURTS Stop Grant For Court -Related Projects
November 1, 2005
OVERVIEW
The Gender and Justice Commission (Commission), under the auspices of the Board
for Judicial Administration (BJA), is requesting proposals for programs/projects that
courts can implement to provide increased safety and justice for adult victims of sexual
assault, domestic violence, and stalking in 2006-2007.
The programs/projects may be funded for up to twelve (12) months with funds from the
Federal STOP (Services -Training -Officers -Prosecutors) Formula Grant, funded by the
Violence Against Women Office (VAWO).
The STOP Grant is awarded to support comprehensive and coordinated responses to
sexual assault, domestic violence, and stalking crimes. The STOP Grant recognizes
that victims are best served when all systems are working together toward the common
goals of supporting victims and holding offenders accountable.
Although both women and men may be victims of domestic violence, sexual assault,
and stalking, women are the victims of the vast majority of these crimes. Data on male
victimization do not show that males experience comparable victimizations and injury
levels, do not account for women who act in self defense, and do not measure financial
control, intimidation, and isolation used by perpetrators of domestic violence against
women. For these reasons, this application may refer to victims as women and
perpetrators as men. However, applicants who receive funds under this application
must serve all victims regardless of gender.
AMOUNT OF THE GRANT AWARD
Grant funding in the amount of approximately $100,000 is available for
programs/projects that courts can implement to provide increased safety and justice for
adult victims of sexual assault, domestic violence, and stalking in 2006-2007.
A minimum of two (2) and a maximum of ten (10) projects/programs may be funded.
GRANT FUNDING PERIOD
Contracts will be awarded for a twelve month period, April 1, 2006 — March 31, 2007.
RFP 0604, VAWO STOP Grant to the Courts Page 1
Request for Proposal
November 1, 2005
EVA
LOCAL MATCH
Project sites are required to provide a 33% local match for each dollar of project funds
requested. Administrative overhead may not be included as part of the local match.
One hundred (100) percent of the local match may be in -kind (judicial and staff time,
materials, supplies, etc.).
WHO CAN APPLY
Washington State judges, county clerks, and court administrators can apply.
The BJA, Commission, or AOC are not responsible for any costs incurred for
preparation of a proposal.
HOW AND WHEN TO APPLY
To apply for a STOP Grant to the Courts, please submit the following:
1. Proposal Concept: Four -page maximum. (See Attachment A: Project Program
Purpose Areas and Attachment B: Outline for the Proposal Description.)
2. Budget Worksheet: (See Attachment C.)
3. Supporting Documents:
a. Letters of Support
Proposals must indicate support from departments, agencies, organizations,
and/or individuals that would participate in or be directly affected by
project/program activities. Signed letters of support/agreement are
required.
b. Required Certification
Two Federal Forms are required.
(1) Certifications Regarding Lobbying, Debarment, Suspension and Other
Responsibility Matters, and Drug -Free Workplace Requirements
(2) Non -Supplantation Certification and National Historic Preservation
Certification
Your proposal must be received at the Administrative Office of the Courts no later than
5:00 p.m. Pacific time on Friday, January 6, 2006. Late proposals will not be accepted.
Proposals may be sent via a -mail, U.S. mail, courier, or FAX. Original signed letters
and the required forms must be sent via U.S. Mail.
E-mail: Gloria.Hemmen@courts.wa.gov
Mail: Gloria Hemmen
Administrative Office of the Courts
1206 Quince Street SE
PO Box 41170
Olympia, WA 98504-1170
Fax: (360) 586-8869
Phone: (360) 705-5290
RFP 0604, VAWO STOP Grant to the Courts
Request for Proposal
November 1, 2005
Page 2
43
HOW PROPOSALS ARE SELECTED
Proposals will be rated by the Gender and Justice Commission Grant Steering
Committee. Evaluation of project proposals will be based on the following criteria:
• Clarity of project statement.
• Consistency of project with goals of improving the court's response to
domestic violence, sexual assault, or stalking.
• Achievability of objectives.
• Clarity of work breakdown.
• Clarity of resource requirements.
• Clarity and realism of budget request.
• Innovation of project and potential for replication.
• Support from other departments, agencies, organizations, and/or individuals
involved in the project.
Proposals receiving high scores on rating criteria are not guaranteed selection. Initial
ratings are used as a basis for further discussion and evaluation.
PROPOSALS WILL BE REJECTED FOR THE FOLLOWING REASONS
Failure to meet the proposal four -page limitation. (See Attachment B)
Failure to describe the 33% local match.
Failure to meet the deadline for submission.
TIMELINE:
Date Task
11/1/05 Request for Proposal e-mailed to Presiding Judges, Court
Administrators and County Clerks and posted on the
Washington Courts' Website.
01 /6/06
01/28/05
02/17/06
04/1106
06/30, 9/30, 12/31 /06
12/31 /06 and 3/31 /07
3/31 /07
Proposals are due at AOC by 5:00 p.m.
Grant Awards will be announced.
Contracts sent out.
Project contracts begin
Quarterly Progress reports due at AOC.
Federal Grant Report forms due at AOC
Project contracts and grant funding end.
Final reports due at AOC.
REPORTING REQUIREMENTS:
Quarterly status reports will be submitted to the Gender and Justice Commission. A
completed Federal STOP Grant survey form (to be provided) is due for the grant start
date through December 31, 2006. A 2nd Federal Grant report is due for the time period
January 1, 2007 thorough March 31, 2007 and must be submitted with the final
narrative evaluation of the project/program.
RFP 0604, VAWO STOP Grant to the Courts Page 3
Request for Proposal
November 1, 2005
ATTACHMENT A
PROJECT PROGRAM PURPOSE AREAS
Adapted from the Department of Justice 2005 Grant Solicitation for STOP Applications
and the STOP Technical Assistance (TA) Project. These are suggested
programs/projects but are not inclusive. The Grant Steering Committee will consider all
proposals submitted:
Providing training for judicial officers and other court personnel to more
effectively identify and respond to violent crimes against women, including the
crimes of sexual assault, domestic violence, and dating violence.
2. Providing training for judicial officers and other court personnel to more
effectively identify and respond to violence against women in underserved
populations, including older and disabled women who are victims of sexual
assault and domestic violence.
3. Developing and implementing more effective court policies, protocols, orders,
and services specifically devoted to preventing, identifying, and responding to
violent crimes against women, including the crimes of sexual assault, domestic
violence, and dating violence. This might include production and dissemination
of educational/training materials, checklists, or benchguides.
4. Developing, installing, or expanding data collection and communication
systems linking courts, police, and prosecutors or for the purpose of identifying
and tracking arrests, protection orders, violations of protection orders for violent
crimes against women including the crimes of sexual assault, domestic violence
and dating violence.
5. Development of educational materials to assist victims in navigating the court
process, increasing their awareness about legal options available to them, or
providing information about supportive services and resources available in their
communities. These materials could include brochures, booklets, palm cards,
and videos; such items may be of particular benefit to individuals who do not
speak English as their primary language.
6. Creation or support for specialized court interpreter programs/projects to
ensure interpreters, who are knowledgeable about violence against women and
sensitive to the needs of victims, are readily available.
7. Provision of court -based advocacy in courts, where a significant number of
protection orders are granted, to provide support, information, and resources to
victims as they navigate the legal system. For maximum assurance of victim and
agency confidentiality, services can be sub -contracted to community -based
advocacy organizations.
8. Improvement, expansion, or development of victim notification systems and
procedures to ensure victims have access to information about charges filed
against assailants, as well as the conditions on bail and probation, perpetrator
location, custody status, and court dates. This may include automated
RFP 0604, VAWO STOP Grant/Court Related Program/Project Page 4
Attachment A
November 1, 2005
45
technology such as the VINE (Victim Information and Notification Everyday)
system.
9. Creation of 24-hour access to emergency protection/restraining orders for
battered women or improvement of existing on -call systems to reduce time and
strain on victims during crisis situations.
10. Enhancing court security for victims of violence against women. This may
include increasing security personnel; purchasing equipment such as video
cameras, metal detectors, or other scanning devices; or creating safe/separate
waiting areas for victims to reduce potential contact with perpetrators.
11. Creation of specialized courts and dockets that centralize court services,
provide specialized judges, consolidate, and track criminal and civil matters to
facilitate case management, and emphasize the seriousness of violence against
women and the dedication to the issues by the justice system.
11. Supporting formal and informal statewide, multi -disciplinary efforts, to the
extent not supported by state funds, to coordinate the response of state law
enforcement agencies, prosecutors, the courts, victim services agencies, and
other state agencies and departments, to violent crimes against women including
the crimes of sexual assault, domestic violence and dating violence.
RFP 0604, VAWO STOP Grant/Court Related Program/Project Page 5
Attachment A
November 1, 2005
ATTACHMENT B
OUTLINE FOR PROPOSAL CONCEPT AND PROPOSAL DESCRIPTION
The proposal concept and proposal description must adhere to the following outline.
PROPOSAL DESCRIPTION
The proposal description must be limited to four pages (excluding the budget form and
required certification documents). The proposal description must include all outline
items listed below.
I. Project Statement
A. Provide a concise statement of the projects purpose.
B. Describe the expected outcome.
C. Include the projected overall cost.
II. Project Objectives
A. Describe the results expected at the end of the project.
B. Describe the measurements that will be used to evaluate the results.
C. Describe the project constraints/limits.
III. Work Breakdown
A. Identify the major work items/tasks.
B. Identify the resource requirements for the major work items/tasks.
C. Identify the staffing requirements for the major work items/tasks.
IV. Organizations
List the organizations participating in the project (e.g. judicial officers, court
administration, county clerk's office, domestic violence agency, sexual assault
agency, law enforcement, prosecutor's office, etc.).
V. Budget
A. Justify and explain budget expenses using the Budget Detail Worksheet
and Narrative Justification as a guide (see Attachment C).
B. List and explain the local court match.
C. Describe potential future funding sources for the project if ongoing funds
are required.
RFP 0604, VAWO STOP Grant/Court Related Program/Project Page 6
Attachment B
November 1, 2005
47
ATTACHMENT C
BUDGET DETAIL WORKSHEET, NARRATIVE, AND MATCH
Contact Name:
Phone:
Title:
Fax:
Address:
E-mail:
City/Zip:
A. Salary(ies) $ $
B. Benefits $ $
C. Consultants/Contracts $ $
D. Goods and Services $ $
Totals $ $
:�-�sY��-�'_,_-_z_�ti��r:��._..•,�ti�,,," ^_,�.,�r ��::; adcratr�:;� � .x.,-�.;:.�.�r •5a�,ua`�;.;��s�r*�s
Total Project Budget $
(total grant funded + total local match)
We certify that we will provide a 33 percent nonfederal match of the grant funds requested. Match
cannot include administrative overhead expenses, but may be 100 percent in -kind.
Signature of Presiding Judge or County Clerk Date
Please print Name and Title
RFP 0604, VAWO STOP Grant/Court Related Program/Project Page 7
Attachment B 48
November 1, 2005
Budget Detail Worksheet, Narrative Justification, and Match
Purpose: The Budget Detail worksheet should be used as a guide to prepare the project/program
budget. Please provide a brief narrative justification after each applicable budget category. Not all
categories may be applicable to your budget. Please submit this Budget Worksheet with your
Proposal.
A. Salaries (Personnel)
Only the salary costs of personnel directly involved in project activities should be included in the Personnel
Budget. List each position to be paid by STOP Grant funds by title and name of employee, if available. Show
the annual salary rate and the percentage of time to be devoted to the STOP Grantproject:
Name/Position
Computation
Cost
Grant Funded
Match
TOTAL GRANT FUNDED:
TOTAL MATCH:
Narrative Justification:
B. Benefits
Benefits should be based on actual known costs or an established formula. Benefits are for the personnel
listed above for the percentage of time devoted to the project.
Name/Position
Computation
Cost
Grant Funded
Match
TOTAL GRANT FUNDED:
TOTAL MATCH:
C. Consultant/Contract
RFP 0604, VAWO STOP Grant/Court Related Program/Project Page 8
Attachment B 49
November 1, 2005
List subcontracts needed to provide services under this project. Consultant Fees: For each consultant enter
the name, if known, service to be provided, hourly or daily (8 hour day), and estimated time on the project.
The maximum allowed per day for a consultant fee is $450.
Name and Service Provided Computation Cost
TOTAL, GRANT FUNDED:
TOTAL MATCH:
Narrative Justification:
D. Goods and Services
List items by type (office supplies, postage, training materials, travel, equipment, rent for space associated with project
staff, etc.). Each item listed must be related directly to a service being provided or a task of the contract.
ITEM COMPUTATION COST
Grant Funded:
Match:
TOTAL GRANT FUNDED:
TOTAL MATCH:
Narrative Justification:
RFP 0604, VAWO STOP Grant/Court Related Program/Project Page 9
Attachment B 50
November 1, 2005
ATTACHMENT D
REQUIRED CERTIFICATION DOCUMENTS --
1. CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION
AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE
REQUIREMENTS
2. NON -SUPPLANTATION CERTIFICATION and NATIONAL HISTORIC
PRESERVATION CERTIFICATION
RFP 0604, VAWO STOP Grant/Court Related Program/Project Page 10
Attachment B 51
November 1, 2005
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS;
AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants
should also review the instructions for certification included in the regulations before completing this form. Signature of this form
provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67,
"Government -wide Debarment and Suspension (Nonprocurement) and Government -wide Requirements for Drug -Free Workplace
(Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the
Department of Jusfice determines to award the covered transaction, grant, or cooperative agreement.
1. Lobbying
As required by Section 1352, Title 31 of the U.S. Code, and
implemented at 28 CFR Part 69, for persons entering into a
grant or cooperative agreement over $100,000, as defined at
28 CFR Part 69, the applicant certifies that:
(a) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a
Member of Congress in connection with the making of any
Federal grant, the entering into of any cooperative
agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal grant or
cooperative agreement;
(b) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal grant or cooperative
agreement, the undersigned shall complete and submit
Standard Form - LLL, "Disclosure of Lobbying Activities,"
in accordance with its instructions;
(c) The undersigned shall require that the language of this
certification be included in the award documents for all
subawards at all tiers (including subgrants, contracts
under grants and cooperative agreements, and
subcontracts)-pnd that all subrecipients shall certify and
disclose accordingly.
2. Debarment, Suspension, and Other Responsibility
Matters -(Direct Recipient)
As required by Executive Order 12549, Debarment and
Suspension, and implemented at 28 CFR Part 67, for
prospective participants in primary covered transactions, as
defined at 28 CFR Part 67, Section 67.510 -
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, sentenced to a denial
of Federal benefits by a State or Federal court, or
voluntarily excluded from covered transactions by any
Federal department or agency;
OJP Form 405116 (Rev. 3191) Replaces OJP Fortes
406112, 406113 and 406114 which are obsolete.
RFP 0604, VAWO STOP Grant/Court Related Program/Project
Attachment B
November 1, 2005
(b) Have not within a three-year period preceding this
application been convicted of or had a civil judgment
rendered against them for commission of fraud or a
criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal,
State, or local) transaction or contract under a public
transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally
or civilly charged by a governmental entity (Federal,
State, or local) with commission of any of the offenses
enumerated in paragraph (1)(13) of this certification;
and
(d) Have not within a three-year period preceding this
application had one or more public transactions
(Federal, State, or local) terminated for cause or
default; and
B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
explanation to this application.
3. Drug -Free Workplace (Grantees Other Than
Individuals)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67, Sections 67.615 and 67.620—
A. The applicant certifies that it will or will continue to provide
a drug -free workplace by:
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is
prohibited in the grantee's workplace and specifying
the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an on -going drug -free awareness
program to inform employees about—
(1) The dangers of drug abuse in the workplace;
Page 11
52
(2) The grantee's policy of maintaining a drug -
free workplace;
(3) Any available drug counseling, rehabilitation,
and employee assistance program; and
(4) The penalties that may be imposed upon
employees for drug abuse violations occurring
in the workplace;
(c) Making it a requirement that each employee to be
engaged in the performance of the grant be given a
copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment
under the grant, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her
conviction for a violation of a criminal drug statute
occurring in the workplace no later than five
calendar days after such conviction;
(e) Notifying the agency, in writing, within ten calendar
days after receiving notice under subparagraph (d)(2)
from an employee or otherwise receiving actual notice
of such conviction. Employers of convicted
employees must provide notice, including position
title, to: Department of Justice, Office of Justice
Programs, ATTN: Control Desk, 633 Indiana Avenue,
N.W., Washington, D.C. 20531. Notice shall include
the identification numbers) of each affected grant;
(f) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2),
with respect to any employee who is so convicted—
(1) Taking appropriate personnel action against such
an employee, up to and including termination,
consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate
satisfactorily in a drug abuse assistance or
rehabilitation program approved for such
purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a
drug -free workplace through implementation of
paragraphs (a), (b), (c), (d), (e), and (f).
B. The grantee may insert in the space provided below the
site(s) for the performance of work done in connection with
the specific grant:
Place of performance (street address, city, county, state,
zip code):
Check ❑ if there are workplaces on file that are not
identified here.
Section 67, 630 of the regulations provides that a grantee
that is a State may elect to make one certification in each
Federal fiscal year. A copy of which should be included
with each application for Department of Justice funding.
States and State agencies may elect to use OJP Form
406117.
Check ❑ if the State has elected to complete OJP Form
4061 /7.
Drug -Free Workplace
(Grantees Who Are Individuals)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67; Sections 67.615 and 67.620--
A. Asa condition of the grant, I certify that I will not engage in
the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance in conducting
any activity with the grant; and
B. If convicted of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity;
I will report the conviction, in writing, within ten calendar
days of the conviction, to: Department of Justice, Office of
Justice Programs, ATTN: Control Desk, 633 Indiana
Avenue, N.W., Washington, D.C. 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above
certifications.
1. Grantee Name and Address:
2. Project Name:
3. Grantee IRSNendor Number
Grant Number: 2004-WF-BX-0003 VAWO STOP Formula Grant
4. Typed Name and Title of Authorized Representative:
5. Signature 6. Date
OJP Form 406116 (Rev. 3191) Replaces OJP Forms
4061/2, 406113 and 406114 which are obsolete.
RFP 0604, VAWO STOP Grant/Court Related Program/Project Page 12
Attachment B 53
November 1, 2005
Non -Supplantation Certification and
National Historic Preservation Certification
NON -SUPPLANTATION CERTIFICATION
I/We certify that no STOP Grant funds will be used to supplant existing state, local, or
other non-federal funding already in place to support current services.
I/We hereby certify that STOP Grant funds will be used to increase the total amount of
funds used to combat violence against women.
I/We understand that violation of the non -supplantation requirement can result in a
range of penalties, including suspension of future funds under this grant, recoupment of
monies provided under this grant, and civil and/or criminal penalties.
NATIONAL HISTORIC PRESERVATION CERTIFICATION
I/We understand that prior to the use of any STOP Grant funds to renovate, alter, or
otherwise improve the exterior or interior of a building, applicants for federal funds must
establish identification, recordkeeping, reporting, consultation, and decision -malting
processes within their programs or procedures for administering grant funds. We
further understand that proposed renovation work, as it relates to the National Historic
Preservation Act, includes work not specifically funded with the STOP Grant funds but
funded by the applicant or any third party as a prerequisite to accommodate the
proposed use of grant funds. We agree to contact the Office of Crime Victims Advocacy
for additional implementation guidance before deciding on any renovation work for
which we are unsure of the application of this condition.
This certificate must be signed by all agencies receiving STOP Formula funds.
Signature of Presiding Judge or County Clerk Date
Please print Name and Title
RFP 0604, VAWO STOP Grant/Court Related Program/Project
November 1, 2005
Page 13
GCNEWDV/STOP GRANTIFY05 GRANTIRFP 2006-04.DOC 54
A 'A
Domestic Violence
& Sexual Assault
S E R V I C E S
January 6, 2005 ( (o
Gloria Hemmen
Administrative Office of the Courts
1206 Quince Street SE
PO Box 41170
Olympia, WA 98504-1107
Dear Ms. Hemmen,
Domestic Violence & Sexual Assault Services of Whatcom County (DVSAS) supports
the Whatcom County Superior Court proposed project to provide court -based advocacy
to victims of domestic violence when they apply for a civil, order of protection.
DVSAS is a community based victim advocacy organization (501 C 3) that has been
providing crisis intervention and support to victims of abuse since 1979. The
organization is committed to increasing the availability of services, especially legal
advocacy, to domestic violence victims throughout Whatcom County. As indicated in the
recently released findings and recommendations from the Washington State Fatality
Review, conducted by the Washington State Coalition Against Domestic Violence, court -
based legal advocacy was identified as the top fatality prevention recommendation for
Civil Courts. The report, published in December of 2004, states, "All courts issuing civil
Protection Orders should have domestic violence advocacy services available on -site and
ensure that advocates have extensive training on how to assist women with safety
planning. "
This proposed project establishes a formal link between DVSAS and the Court Services
Office of the Whatcom County Superior Court where petitions for civil orders of
protection are processed. As outlined in the proposed project, DVSAS will provide
trained legal advocates to be on -call to the courthouse. Advocates will arrive in -person
approximately 10 minutes from the time of the call to provide support, information and
advocacy to victims during the application process. In addition, follow-up legal
advocacy will be provided for protection order hearings and other civil legal issues.
I certify that the Board of Directors and Management Team of Domestic Violence &
Sexual Assault Services has reviewed and endorsed this project.
Sincerely,
Kathleen Marshall
Executive Director
AJeffarks
Board President
Domestic Violence & Sexual Assault Services Of Whatcom County
1 4 0 7 C O M M E R C I A L S T. BELLI NO H A M. W A 9 8 2 2 5
(3 6 0) 6 7 1- 5 7 1 4 FAX (3 6 0) 6 4 7- 6 0 1 5 24 H R HOTLINE (3 6 0) 1 1 5- 1 5 6 3
55
Whatcom County
Superior Court
311 Grand Avenue
Bellingham, Washington 98225
(360) 676-7688
Gloria Hemmen
Administrative Office of the Courts
P.O. Box 41170
Olympia, Washington 98504-1170
�r-qM CQ`
A
3 A
93NiN .{0
January 7, 2005 (4
Re- STOP Grant Application, RFP 2005-2
Dear Ms Hemmen,
N.F. Jackson
Whatcom County Clerk
Superior Court AdminMrator
nfjackson@what,comcounty.us
FAX (360) 676-6693
On behalf of the Whatcom County Superior Court, its judges and commissioners, its staff
and the staff of the Whatcom County Clerk's office I am authorized to endorse and support the
Court's STOP Grant Application to provide for contracted advocacy for civil domestic violence
protection order applicants.
This collaboration with Domestic Violence and Sexual Assault Services is yet another
component in a long and remarkably fruitful community wide domestic violence effort that was
significantly fueled by an earlier STOP grant.
We really need this grant.
Sincerely,
cc:
Judges & Commissioners
56
ATTACHMENT B
OUTLINE FOR PROPOSAL CONCEPT AND PROPOSAL DESCRIPTION
PROPOSAL DESCRIPTION
I. Project Statement
A. Project Purpose
During 2005 a STOP to Courts grant was awarded to Whatcom County Superior
Court to provide immediate access to court -based advocacy services to victims of
domestic violence seeking protection orders. During the initial months of that project
a system for automatic referrals from the Office of Assigned Counsel to the local
community -based advocacy program (DVSAS) was developed and implemented.
Between the June 1, 2005 implementation date and October 31, 2005, a DVSAS
Legal Advocate attended 80 Superior Court hearings and provided 223 legal
advocacy contacts to 77 victims of domestic violence.
Whatcom County Superior Court grants 300 to 350 protection orders per year. The
Court is requesting STOP funds in order to further develop the system for delivering
court -based advocacy that was implemented last year. These services are essential
not only for victim safety but also to ensure that the civil legal rights of citizens are
protected. Funding for the current project will ensure that general support,
information, and resources are provided to victims as they navigate the legal system.
This project will also ensure that in -person advocacy services are provided to victims
during court hearings related to domestic violence matters including hearings for
protection orders, divorce, custody, parenting plans and child dependency issues. In
order to ensure the maximum assurance of victim and agency confidentiality, court -
based advocacy services will continue to be sub -contracted to DVSAS.
B. Expected Outcome(s)
The outcomes for this project are both quantitative and qualitative. Three quantitative
outcomes have been identified for this project.
Approximately 250 victims of domestic violence will receive advocacy and support
services as a result of their contact with court -based advocacy services.
This project will also provide an opportunity for the community -based advocacy
organization (DVSAS) to work in collaboration with the Superior Court Clerk to create
a manual for the delivery of court -based advocacy services. DVSAS will create a
comprehensive legal advocacy manual outlining model guidelines and procedures
for providing court -based legal advocacy for civil legal matters relating to domestic
violence. The completed manual will be distributed throughout the state to other
courts and community -based advocacy providers.
Three qualitative outcomes have been identified for this project.
■ Victims who receive advocacy services will feel less distressed.
• Victims who receive advocacy services will demonstrate an increased
understanding of the civil legal processes related to domestic violence issues.
■ Victims who receive advocacy services will demonstrate an improved ability
to make decisions about whether or not to take legal action.
RFP 0604, VA WO STOP Grant, natcom County Superior Court Application Page 1
57
C. Projected Overall Cost
The total projected cost for this project is $40,605. Whatcom County Superior Court
requests $20,000 to sub -contract with DVSAS to provide immediate, court -based
advocacy for victims of domestic violence and $750 to cover costs to serve offenders
with court orders. DVSAS will provide follow-up support at hearings and continued
legal advocacy for other civil legal proceedings. Requested funding will also cover
costs associated with the development, publication and distribution of a
comprehensive manual for court -based advocacy.
II. Project Objectives
A. Anticipated Results
Of the 250 victims that are anticipated to be served through this project, a majority
will receive assistance with civil legal issues such as preparing paperwork for
protection orders or having an advocate accompany them to a protection order
hearing or other court proceeding. General advocacy and crisis intervention will also
be provided with about 25% of those served receiving information regarding other
victim services including referrals to shelter or housing
During the grant cycle DVSAS advocates will assist with approximately 85 temporary
protection orders will attend approximately 100 final protection order hearings. About
95% of temporary orders and about 75% of permanent orders will be granted during
the project.
It is expected that the legal advocacy manual will be completed and approved by the
Superior Court of Whatcom County during the third quarter of the grant cycle. During
the fourth quarter, at least 25 manuals will be distributed throughout the state to
other courts and community -based advocacy providers.
Approximately 90% of victims receiving advocacy services will feel less distressed,
80% will have an increased understanding of legal options and 75% will be able to
make an informed decision about whether or not to take legal action.
B. Evaluation Plan & Measurement Tools
DVSAS has well -established program evaluation plan in place that includes
mechanisms for both quantitative and qualitative analysis.
Quantitative Analysis:
Data from contact sheets will provide the information necessary to assess the
number of people served and the types of services provided. Data regarding
demographics and service utilization is collected at each point of contact. Raw data
is entered into the agency's confidential database on a daily basis. Monthly statistical
analysis reports are reviewed by the Program Director.
Qualitative Analysis:
During 2004 — 2005 DVSAS participated in the development of a nationally
recognized model for evaluating the effectiveness of legal advocacy services
provided to victims of domestic violence. This model is currently being used to track
specific milestones that indicate the progress of legal advocacy clients toward
achieving outcomes such as decreased distress, increased understanding of legal
options and improved ability to make decisions regarding whether or not to take legal
action.
RFP 0604, VA WO STOP Grant, Whatcom County Superior Court Application Page 2
58
For this project both client and program milestones will be monitored and clients will
be given a confidential survey at the conclusion of service delivery to assess the
degree to which the above stated qualitative outcomes have been achieved.
C. Constraints 1 Limits
Victim Participation:
Although every effort will be made to encourage victims to utilize advocacy services,
past experience has shown that some will decline initial offers of support. As a result,
not all victims will receive advocacy services. It is also important to recognize that
some victims who receive legal advocacy services will identify the protection order
process as a possible threat to their safety. Some of these individuals may make an
informed choice not to petition the court for a civil order of protection. As a result, not
all petitioners will complete the protection order application process.
Offender Accountability:
Past experience has shown that some permanent protection orders cannot be
granted due to the inability to locate the offender in order to serve him/her. Such
cases eventually culminate in court continuances or dismissals. Although recent
improvements the system for serving offenders have been implemented, the lack of
funding to pay for law enforcement to aggressively locate and serve offenders is
likely to impact the number of permanent protection orders that are granted.
III. Work Breakdown
A. Major Work Items 1 Tasks
The delivery of court -based advocacy to victims is the core of this project and will
continue to constitute a majority of the work performed under the grant. The
automatic referral system developed during the preceding cycle of this grant will be
used to ensure that victims continue to receive assistance with petitions for
protection orders. Victims will also continue to receive court -based advocacy during
protection order hearings and other court proceedings such as those pertaining to
divorce, custody, parenting plans or dependency issues.
An additional task associated with this project will be focused on refining and
institutionalizing the procedures for court -based advocacy that were developed
during the preceding cycle of this grant. To that end, DVSAS staff will work with court
personnel to develop written protocols and to establish performance benchmarks.
This information will be incorporated in the legal advocacy manual that will be
developed as part of this project.
An essential part of this project is evaluation. DVSAS staff will document service
utilization and the participation of advocates in protection order hearings and other
court proceedings. DVSAS staff will survey participants to assess changes in
distress, understanding of legal options and ability to make informed decisions.
B. Resource Requirements
The resources required for this project include private meeting space with access to
telephone and basic office supplies at the Office of Assigned Counsel in the Superior
Court, private meeting space with telephone, computer and internet access at the
DVSAS office and trained advocates available to respond to calls from the Superior
Court during regular business hours.
RFP 0604, VA WO STOP Grant, Whatcom County Superior Court Application Page 3
59
C. Staffing Requirements
The staffing required for this project includes 0.5 FTE from Superior Court
administrative staff and a .5 FTE Legal Advocate from DVSAS. Superior Court staff
support is included as part of the match. The success of this project also depends
upon administrative and advocacy staff support from DVSAS to ensure the prompt
availability advocates to the Superior Court. These hours have not been computed
as part of the match but are estimated to be approximately .5 FTE for legal advocacy
and .2 FTE for administrative and reception services.
IV. Organizations
Participating organizations include judicial officers from both Superior and District
courts, administration services from both courts, the Superior Court Clerk's office,
law enforcement and DVSAS, the local community -based victim advocacy agency.
V. Budget
A. Budget Justification
Sub -contractor = costs associated with providing .5 FTE of a full time employee who
provides legal advocacy services to victims of domestic violence.
B. Local Court Match
The Court Services Unit currently employees 2.5 FTE's, Two employees perform
inmate indigency screening and process DV protection orders. A half-time employee
is wholly dedicated to DV protection orders; it is this position's salary and benefits
that are designated for match purposes.
C. Potential Future Funding
Potential future funding for this project includes a portion of the fees associated
petitions for marriage dissolution that, according to Substitute House Bill 1314, are to
be retained by each county for the purpose of "...supporting community -based
services within the county for victims of domestic violence... " This fund has been
growing since July of 2005 and will be available for use at the conclusion of the 2006
grant cycle. In addition, DVSAS is affirmed its commitment to maintaining the
availability of court -based advocacy services and is prepared to allocate revenue
from fund raising efforts in addition to seeking grants from private sources.
RFP 0604, VA WO STOP Grant, Whatcom County Superior Court Application Page 4
60
ATTACHMENT C
BUDGET DETAIL WORKSHEET, NARRATIVE, AND MATCH
Contact Name: N.F. Jackson
Phone: (360) 676-7688
Title: Court Administrator
Fax: (360) 676-6693
Address: 311 Grand Avenue
E-mail: nfjackson@whatcomcounty.us
City/Zip: Bellingham, 98225
A. Salary(ies)
B. Benefits
C. Consultants/Contracts
f D. Goods and Services
$ I $13,314 1
$ $11,450 1
$20,750 1 $
$ I$
I Totals 1 $20,750 1 $24,764 1
Total Project Budget
(total grant funded + total local match)
$40,605
We certify that we will provide a 33 percent nonfederal match of the grant funds requested. Match
cannot include administrative overhead expenses, but may be 100 percent in -kind.
Signature of Presiding Judge or County Clerk
Please print Name and Title
Date
RFP 0604, VA WO STOP Grant, natcom County Superior Court Application
Page 5
61
Budget Detail Worksheet, Narrative Justification, and Match
Purpose: The Budget Detail worksheet should be used as a guide to prepare the project/program
budget. Please provide a brief narrative justification after each applicable budget category. Not all
categories may be applicable to your budget. Please submit this Budget Worksheet with your
Proposal.
A. Salaries (Personneo
Only the salary costs of personnel directly involved in project activities should be included in the Personnel
Budget. List each position to be paid by STOP Grant funds by title and name of employee, if available. Show
the annual salary rate and the percentage of time to be devoted to the STOP Grant project:
Name/Position
Computation
Cost
Grant Funded
Match
0.5 FTE DV Unit Employee
13,313
TOTAL GRANT FUNDED:
TOTAL MATCH:
13,314
Narrative Justification:
B. Benefits
Benefits should be based on actual known costs or an established formula. Benefits are for the personnel
listed above for the percentage of time devoted to the project.
Name/Position
Computation
Cost
Grant Funded
Match
0.5 FTE DV Unit Employee
11,450
TOTAL GRANT FUNDED:
TOTAL MATCH:
11,450
RFP 0604, VA WO STOP Grant, Whatcom County Superior Court Application Page 6 62
C. ConsultantlContract
List subcontracts needed to provide services under this project. Consultant Fees: For each consultant enter
the name, if known, service to be provided, hourly or daily (8 hour day), and estimated time on the project.
The maximum allowed per day for a consultant fee is $450.
Name and Service Provided
Computation
Cost
Sub Contractor DVSAS
17.5 hrs I week on -site advocacy services
910 Hours 1 Year = $21.98 l hr
$20,000
Process Server Fees
30 @ $25.00 per service
$750
TOTAL GRANT FUNDED:
$20,750
TOTAL MATCH:
Narrative Justification:
Sub -contractor = costs associated with providing 17.5 regularly scheduled hours of legal advocacy services to victims of
domestic violence. Services will be provided on site at a location to be established within the Whatcom County
Courthouse from 8:30 -- noon, Monday through Friday.
Process Server Fees = cost associated with serving hard to locate offenders that law -enforcement does not have the
timetresources to locate.
D. Goods and Services
List items by type (office supplies, postage, training materials, travel, equipment, rent for space associated with project
staff, etc.). Each item listed must be related directly to a service being provided or a task of the contract.
ITEM COMPUTATION COST
Grant Funded:
Match:
TOTAL GRANT FUNDED:
TOTAL MATCH:
Narrative Justification:
RFP 0604, VA WO STOP Grant, Whatcom County Superior Court Application Page 7 63
ATTACHMENT D
REQUIRED CERTIFICATION DOCUMENTS
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION
AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE
REQUIREMENTS
2. NON -SUPPLANTATION CERTIFICATION and NATIONAL HISTORIC
PRESERVATION CERTIFICATION
RFP 0604, VA WO STOP Grant, natcom County Superior Court Application Page 8 64
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS;
AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants
should also review the instructions for certification included in the regulations before completing this form. Signature of this form
provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67,
"Government -wide Debarment and Suspension (Nonprocurement) and Govemment-wide Requirements for Drug -Free Workplace
(Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the
Department of Justice determines to award the covered transaction, grant, or cooperative agreement.
1. Lobbying
As required by Section 1352, Title 31 of the U.S. Code, and
implemented at 28 CFR Part 69, for persons entering into a
grant or cooperative agreement over $100,000, as defined at
28 CFR Part 69, the applicant certifies that:
(a) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a
Member of Congress in connection with the making of any
Federal grant, the entering into of any cooperative
agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal grant or
cooperative agreement;
(b) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal grant or cooperative
agreement, the undersigned shall complete and submit
Standard Form - LLL, "Disclosure of Lobbying Activities,"
in accordance with its instructions;
(c) The undersigned shall require that the language of this
certification be included in the award documents for all
subawards at all tiers (including subgrants, contracts
under grants and cooperative agreements, and
subcontracts) and that all subrecipients shall certify and
disclose accordingly.
2. Debarment, Suspension, and Other Responsibility
Matters (Direct Recipient)
As required by Executive Order 12549, Debarment and
Suspension, and implemented at 28 CFR Part 67, for
prospective participants in primary covered transactions, as
defined at 28 CFR Part 67, Section 67.510 -
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, sentenced to a denial
of Federal benefits by a State or Federal court, or
voluntarily excluded from covered transactions by any
Federal department or agency;
OJP Form 406116 (Rev. MI) Replaces OJP Forms
4061t2, 406M and 406114 which are obsolete.
(b) Have not within a three-year period preceding this
application been convicted of or had a civil judgment
rendered against them for commission of fraud or a
criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal,
State, or local) transaction or contract under a public
transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally
or civilly charged by a governmental entity (Federal,
State, or local) with commission of any of the offenses
enumerated in paragraph (1)(13) of this certification;
and
(d) Have not within a three-year period preceding this
application had one or more public transactions
(Federal, State, or local) terminated for cause or
default; and
B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
explanation to this application.
3. Drug -Free Workplace (Grantees Other Than
Individuals)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F. for grantees, as
defined at 28 CFR Part 67, Sections 67.615 and 67.620--
A. The applicant certifies that it will or will continue to provide
a drug -free workplace by:
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is
prohibited in the grantee's workplace and specifying
the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an on -going drug -free awareness
program to inform employees about—
(1) The dangers of drug abuse in the workplace;
RFP 0604, VA WO STOP Grant, Whatcom County Superior Court Application Page 9 65
(2) The grantee's policy of maintaining a drug -
free workplace;
(3) Any available drug counseling, rehabilitation,
and employee assistance program; and
(4) The penalties that may be imposed upon
employees for drug abuse violations occurring
in the workplace;
(c) Making it a requirement that each employee to be
engaged in the performance of the grant be given a
copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment
under the grant, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her
conviction for a violation of a criminal drug statute
occurring in the workplace no later than five
calendar days after such conviction;
(e) Notifying the agency, in writing, within ten calendar
days after receiving notice under subparagraph (d)(2)
from an employee or otherwise receiving actual notice
of such conviction. Employers of convicted
employees must provide notice, including position
title, to: Department of Justice, Office of Justice
Programs, ATTN: Control Desk, 633 Indiana Avenue,
N.W., Washington, D.C. 20531. Notice shall include
the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2),
with respect to any employee who is so convicted—
(1) Taking appropriate personnel action against such
an employee, up to and including termination,
consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate
satisfactorily in a drug abuse assistance or
rehabilitation program approved for such
purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a
drug -free workplace through implementation of
paragraphs (a), (b), (c), (d), (e), and (0.
B. The grantee may insert in the space provided below the
site(s) for the performance of work done in connection with
the specific grant:
Place of performance (street address, city, county, state,
zip code):
Whatcom County Superior Court
311 Grand Avenue
Bellingham, WA 98225
Whatcom County
Check ❑ if there are workplaces on file that are not
identified here.
Section 67, 630 of the regulations provides that a grantee
that is a State may elect to make one certification in each
Federal fiscal year. A copy of which'should be included
with each application for Department of Justice funding.
Stales and State agencies may elect to use OJP Form
406117.
Check ❑ if the State has elected to complete OJP Form
406117.
Drug -Free Workplace
(Grantees Who Are Individuals)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67; Sections 67.615 and 67.620—
A. As a condition of the grant, I certify that I will not engage in
the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance in conducting
any activity with the grant; and
B. If convicted of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity,
I will report the conviction, in writing, within ten calendar
days of the conviction, to: Department of Justice, Office of
Justice Programs, ATTN: Control Desk, 633 Indiana
Avenue, N.W., Washington, D.C. 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above
certifications.
1. Grantee Name and Address: Whatcom County Superior Court
311 Grand Avenue
Bellingham, WA 98225
2. Project Name: Courtroom Advocate 3. Grantee IRS/Vendor Number 91-6001383
Grant Number: 2004 WF-BX-0003 VAWO STOP Formula Grant
4. Typed Name and Title of Authorized Representative: N. F. Jackson,_ Whatcom County Superior Court Administrator
5. Signature
OJP Form 406116 (Rev. 3191) Replaces OJP Forms
4061/2, 406113 and 406114 which are obsolete.
6. Date
RFP 0604, VA WO STOP Grant, Whatcom County Superior Court Application Page 10 66
Non -Supplantation Certification and
National Historic Preservation Certification
NON -SUPPLANTATION CERTIFICATION
IIWe certify that no STOP Grant funds will be used to supplant existing state, local, or
other non-federal funding already in place to support current services.
I/We hereby certify that STOP Grant funds will be used to increase the total amount of
funds used to combat violence against women.
I/We understand that violation of the non -supplantation requirement can result in a
range of penalties, including suspension of future funds under this grant, recoupment of
monies provided under this grant, and civil and/or criminal penalties.
NATIONAL HISTORIC PRESERVATION CERTIFICATION
IIWe understand that prior to the use of any STOP Grant funds to renovate, alter, or
otherwise improve the exterior or interior of a building, applicants for federal funds must
establish identification, recordkeeping, reporting, consultation, and decision -making
processes within their programs or procedures for administering grant funds. We
further understand that proposed renovation work, as it relates to the National Historic
Preservation Act, includes work not specifically funded with the STOP Grant funds but
funded by the applicant or any third party as a prerequisite to accommodate the
proposed use of grant funds. We agree to contact the Office of Crime Victims Advocacy
for additional implementation guidance before deciding on any renovation work for
which we are.unsure of the application of this condition.
This certificate must be signed by all agencies receiving STOP Formula funds.
Signature of Presiding Judge or County Clerk Date
N.F. Jackson, County Clerk & Court Administrator
Please print Name and Title
67
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2006-175
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assi ned to:
Originator:
g
Su erior Court
fj
� E C E `Jr
APR 4 - 2006
WHATCOM COUNT
CO � 9 r G� L
i� 4
9fi
_
j^ /11/06
��
Finance/Council
Division Head:
N/A
/A
IV/A
Dept. Head:
N.F. Jackson
Prosecutor
Purchasing/Budget:
v?/
Executive:
SUBJECT:
2006 STOP Grant,
Sub -recipient Agreement for Domestic Violence & Sexual Assault Services (DVSAS) Advocacy Services
ATTACHMENTS.
DVSAS Sub -Recipient Agreement
SEPA review required? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes (X) NO
Requested Date:
SUMMARYSTATEMENT:
Superior Court a lied or a STOP grantfrom the
The Suit Pp f f g
Administrative Office of the Courts, to provide for contracted
domestic violence victim advocacy services in the court,s civil
domestic violence protection order office. The application was a
request to continue for another year the similar STOP Grant
awarded the Court in 2005, the only distinction being that the
advocates will maintain office hours availability in the Court
Services suite.
The court has been awarded the grant, in the amount of $15, 750 to
contract with DVSAS to provide on -tail advocates for all victims
applying for protection. This is the sub -recipient agreement with
D VSAS
Distribution Request
Indicate those who should receive a copy after Council action.
List specific names to the right.
ADS Facilities Management
ADS Finance
ADS Human resources
ADS Info Services
Assessor
Auditor
Cooperative Extension
District Court
Executive
Health
Hearing Examiner
Jail
COUNCIL ACTION TAKEN. •
Juvenile
Parks
Planning
Prosecutor
Public {forks
Sheriff
Superior Court
Related County Contract #:
Treasurer
Other
Related File Numbers:
Ordinance or Resolution Number
(this item):
Whatcom County
Superior Court
311 Grand Avenue
Bellingham, Washington 98225
(360) 676-7688
MEMO TO: Whatcom County Council
FROM: N.F. Jackson
DATE: March 31, 2006
cGOM coe
N.F. Jackson
Whatcom County Clerk
Superior Court Administrator
ty �+ nfiackson@whatcomcounty.us
9ShING 0. FAX (360) 676-6693
.:i
SUBJECT: 2006 STOP Grant Award, Sub -Recipient Agreement - County/D VSAS
The Superior Court applied for a STOP grant from the Administrative Office of the Courts, to
provide for contracted domestic violence victim advocacy services in the court's civil domestic
violence protection order office. The application was a request to continue for another year the
similar STOP Grant awarded the Court in 2005, the only distinction being that the advocates will
maintain office -hours availability in the Court Services suite.
The court has been awarded the grant, in the amount of $15,750 to contract with Domestic
Violence and Sexual Assault Services to provide on -call advocates for all victims applying for
protection. This amount is a reduction from the amount requested and will only cover the first
three quarters of the year. It is hoped that additional money may be forthcoming to fund the
fourth quarter.
This sub -recipient agreement with DVSAS is accompanied by the STOP Grant Award contract,
under separate cover.
www.whatcomcountN.us/superior 69
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County Contract No.
2�ooG 0303F
Originating Department:
Superior Court
Contact Person:
N.F. Jackson
Contractor's Name:
(DVSAS) Domestic Violence and Sexual Assault Services
Is this a New Contract? If not, is this an Amendment to an Existing Contract?
Yes X No Yes No _X
If an Amendment, previous number(s):
Is this a renewal?
Yes _ No X
Contract Amount: (sum of orig contract amt
If a Professional Services Agreement is more than $15, 000 or a Bid is more than
and any prior amendments)
$35, 000, please submit an Agenda Bill for Council approval and a supporting
$15, 750.00
memo. Any amendment that provides either a 10% increase in amount or more
This Amendment Amount:
than $10, 000, whichever is greater, must also go to Council and will need an
$
agenda bill and supporting memo. If less than these thresholds, just submit to
Total Amended Amount:
Executive with supporting memo for approval.
Scope of Services
This is a sub -recipient agreement to the
2006 STOP Grant Award, in the
amount of $15,750 to provide for
contracted domestic violence advocacy
services to be provided by DVSAS.
Nature of Contract Amt: ( Check one)
Fixed Amount X Not to Exceed Open Ended X
Term of Contract: 411106
Expiration Date: 12131106
Renewal Option Yes _ NO X
Last Renewal Expires:
Special Dates or clauses that require calendaring:
Contract Routine Steps & Si.2noff..• Ishen or init6
1. Prepared by:k
2. Attorney reviewed:
3. AS -Finance reviewed:
4. Corrections made.
5. Attorney signoff.•
6. Contractor signed:
7. Submitted to Exec Office
Date 7a /( f��� [electronic]
Date [electronic]
Date .3 .3/ D electronic]
Date [electronic] hard copy printed
Date
Date
Date [summary via electronic; hardcopies]
8. Reviewed by DCA Date
9. Council approved (if necessary) Date
10. Executive signed: Date
11. Contractor Original returned to dept; Date
12. County Original to Council Date
This form may need to expand to more than one page
Contract for Services Agreement
[Insert more specific appellation]
Page 0
v 1.0
70
COtjgf11 ORIGINAL
SUB -RECIPIENT AGREEMENT BETWEEN
WHATCOM COUNTY
AND
DOMESTIC VIOLENCE AND SEXUAL ASSAULT SERVICES (DVSAS)
Legal Advocacy for Domestic Violence Victims, 2006 STOP Grant
Whatcom County Contract No.
0R0060363a
THIS SUB -RECIPIENT AGREEMENT is made and entered into, by and between, Whatcom County, hereinafter
referred to as the "County", and DOMESTIC VIOLENCE AND SEXUAL ASSAULT SERVICES (DVSAS), a non-profit
corporation, hereinafter called Contractor, agree and contract as set forth in this Agreement, including:
General Conditions, pp.3 - 9,
Exhibit A (Scope of Work), p.10,
Exhibit B (Compensation), p. 11,
Exhibit C (Gender & Justice Commission letter dated February 15, 2006), p. 12
Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein.
This is a sub grant of U.S. Department of Justice, Office on Violence Against Women, Grant No. 2005-WF-AX-0024, tilled
STOP Violence Against Women Formula Grant, passed through Washington State Department of Community, Trade and
Economic Development (CTED), Washington State Gender and Justice Commission, Washington State Administrative
Office of the Courts (AOC), Interlocal Cooperative Agreement #IAA 06 191 for Federal fiscal year 2006, CFDA #16.588.
This Agreement incorporates the terms and conditions of the Washington State Administrative Office of the Courts
Interlocal Cooperative Agreement #IAA 06191 as modified by Exhibit C.
The term of this Agreement shall commence on the 15t day of April, 2006, and shall, unless terminated or renewed as
elsewhere provided in the Agreement, terminate on the 3111 day of December, 2006.
The general purpose or objective of this Agreement is to: provide legal advocacy to victims of domestic violence in civil
actions who are referred to Contractor by Whatcom County Superior Court Services, as more fully and definitively
described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided
here.
The maximum amount of this Agreement allocated to the Contractor is $15,750, as described in Exhibit B, subject to
completion of the Scope of Work as described in Exhibit A. The budget for this Agreement is as presented in the grant
proposal, dated January 6, 2006, and budget revision dated February 1, 2006, and attachments to said proposal,
incorporated herein by reference submitted by Whatcom County Superior Court to AOC.
Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs
11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually
negotiated by the parties.
Sub -Contract, 2006 STOP Grant, DVSAS
Page 1 of 12 71
IN WITNESS WHEREOF, the parties have executed this Agreement this 17 day of iu�L+!J , 20
DOMESTIC VIOLENCE AND SEXUAL ASSAULT SERVICES
fee V /%/jrt rS- I r
(Type in Name & Yille o Signatory)
STATE OF WASH,IN1JG, TON )
ss.
COUNTY OF
On this of / G'G� 20 0 efore me personally appeared &&to me
4 (fitle) of / -< (Contractor) and who executed the above instn.
acknowledged fo me the act of signing and sealing thereof. ,
NO ARY PUB IC in and f r the State of Washington,
residing at My commission expires
WHATCOM COUNTY:
Recorpffiq d for Approval:
l b�
Dep men Dir ctor Date
s tfb form:
Attorney Da
Approved:
Accepted for Whatcom County:
By:
Pete Kremen, Whatcom County Executive
STATE OF WASHINGTON )
) ss
COUNTY OF WHATCOM )
On this day of , 20 _, before me personally appeared Pete Kremen, to me known to be the
Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing
and sealing thereof.
CONTRACTOR INFORMATION:
DOMESTIC VIOLENCE AND SEXUAL ASSAULT SERVICES
1407 Commercial Street
Bellingham, Washington 98225
NOTARY PUBLIC in and for the State of
Washington, residing at
commission expires
My
Contract for Services Agreement, Legal Advocacy for Victims of Domestic Violence
Page 2 of 11
72
GENERAL CONDITIONS
Series 00-09: Provisions Related to Scope and Nature of Services
0.1 Scope of Services:
The Contractor agrees to provide to the County services and any materials as set forth in the project narrative
identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the
County, unless otherwise provided for in the Agreement.
Series 10-19: Provisions Related to Term and Termination
10.1 Term:
Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of
Contractor and are not compensable under this contract unless both parties hereto agree to such provision in
writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however,
that the Agreement is in writing and signed by both parties.
10.2 Extension: Not Applicable
11.1 Termination for Default: Not Applicable
11.2 Termination for Reduction in Funding: Not Applicable
11.3 Termination for Public Convenience:
The County may terminate the Agreement in whole or in part whenever the County determines, in its sole
discretion, which such termination is in the interests of the County. Whenever the Agreement is terminated in
accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit
contract prices for completed items of work. An equitable adjustment in the contract price for partially completed
items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on
deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether
for default or convenience, shall not constitute breach of contract by the County.
Series 20-29: Provisions Related to Consideration and Payments
20.1 Accounting and Payment for Contractor Services:
Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where
Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless
otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned,
including, where appropriate, the actual number of days worked each month, total number of hours for the month,
and the total dollar payment requested, so as to comply with municipal auditing requirements.
Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement
for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not
reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this
contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the
Contractor, no more often than quarterly, in accordance with the County's customary procedures, pursuant to the
fee schedule set forth in Exhibit "B."
21.1 Taxes:
The Contractor understands and acknowledges that the County will not withhold Federal or Stale income taxes.
Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other
than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal
Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the
responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and
the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement.
Contracl for Services Agreement, Legal Advocacy for Viclims of Domestic Violence Page 3 of 12 73
The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the
Contractor's failure to pay taxes on compensation earned pursuant to this Agreement.
The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law.
The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based
on the Contractor's gross or net income, or personal property to which the County does not hold title. The
County is exempt from Federal Excise Tax.
22.1 Withholding Payment: Not Applicable
23.1 Labor Standards:
The Contractor agrees to comply with slate and federal requirements, as applicable, pertaining to payment of
wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with
Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing
for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall
be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health
and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of
Washington.
Series 30-39: Provisions Related to Administration of Agreement
30.1 Independent Contractor:
The Contractors services shall be furnished by the Contractor as an independent contractor, and nothing herein
contained shall be construed to create a relationship of employer -employee or master -servant, but all payments
made hereunder and all services performed shall be made and performed pursuant to this Agreement by the
Contractor as an independent contractor.
The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the
Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay,
medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County.
The Contractor represents that helshelit maintains a separate place of business, serves clients other than the
County, will report all income and expense accrued under this contract to the Internal Revenue Service on a
Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales
and use and Business and Occupation taxes collected by the State of Washington.
Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss
or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by
reason of claims or demands because of breach of the provisions of this paragraph.
30.2 Assignment and Subcontracting:
The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No
portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the
express and prior written approval of the County.
30.3 No Guarantee of Employment:
The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights
whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the
Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the
future.
Contract for Services Agreement, Legal Advocacy for Victims of Domestic Violence Page 4 of 12 74
31.2 Patent/Copyright Infringement: Not Applicable
32.1 Confidentiality:
The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all
information provided by the County or acquired by the Contractor in performance of this Agreement, except upon
the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the
County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of
such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees
from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs
resulting from Contractor's breach of this provision.
33.1 Right to Review:
This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have
the right to review and monitor the financial and service components of this program by whatever means are
deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or
without notice and may include, but is not limited to, on -site inspection by County agents or employees,
inspection of all records or other materials which the County deems pertinent to the Agreement and its
performance, and any and all communications with or evaluations by service recipients under this Agreement.
The Contractor shall preserve and maintain all financial records and records relating to the performance of work
under this Agreement for three (3) years after contract termination, and shall make them available for such
review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the
Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or
governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no
advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon
as it is practical.
34.1 Proof of Insurance:
The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with
the following minimums:
Property Damage per occurrence - $500,000.00
General Liability & Property Damage for bodily injury- $1,000,000.00
34.2 Industrial Insurance Waiver:
With respect to the performance of this agreement and as to claims against the County, its officers, agents and
employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the
Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and
hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the
Contractor. This waiver is mutually negotiated by the parties to this agreement.
34.3 Defense & Indemnity Agreement:
The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers
and employees, from and against all loss or expense, including, but not limited to, judgments, settlements,
attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed
officials or employees for damages because of personal or bodily injury, including death at any time resulting
therefrom, sustained by any person or persons and on account of damage to property, including loss of use
thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its
subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or
elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by
the sole negligence of the County or its appointed or elected officials or employees.
It is further provided that no liability shall attach to the County by reason of entering into this contract, except as
expressly provided herein.
35.1 Non -Discrimination in Employment:
The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all
qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, age, marital
Contract for Services Agreement, Legal Advocacy for Victims of Domestic Violence Page 5 of 12 75
status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against
any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, age,
marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification.
Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take
affirmative action to insure that applicants are employed, and treated during employment, without regard to their
race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status, except where
such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to:
advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits,
selection for training including apprenticeship, and participation in recreational and educational activities. In all
solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all
qualified applicants will receive consideration for employment without regard to race, color religion, sex or
national origin.
The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall
not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole
proprietorships with no employees.
35.2 Non -Discrimination in Client Services:
The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age,
marital status, disability, or veteran status; or deny an individual or business any service or benefits under this
Agreement; or subject an individual or business to segregation or separate treatment in any manner related to
his/herlts receipt any service or services or other benefits provided under this Agreement; or deny an individual
or business an opportunity to participate in any program provided by this Agreement.
36.1 Waiver of Noncompetition: Not Applicable
36.2 Conflict of Interest:
If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees
involved in the performance of this Agreement shall have or develop an interest in the subject matter of this
Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the
County of the same. The notification of the County shall be made with sufficient specificity to enable the County
to make an informed judgment as to whether or not the County's interest may be compromised in any manner by
the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take
reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the
provisions herein for termination.
37.1 Administration of Contract:
This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of
Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with
applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and
programs, and accreditation and licensing of individuals.
The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her
designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of
administering the provisions of this Agreement, including the County's right to receive and act on all reports and
documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for
purposes of this agreement is:
37.2 Notice:
Whatcom County Superior Court Administrator
311 Grand Avenue
Bellingham, Washington 98225
Contract for Services Agreement, Legal Advocacy for Victims of Domestic Violence Page 6 of 12 76
Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process,
notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the
Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein
above in the 'Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail,
first class, postage prepaid.
Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes
40.1 Modifications:
Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding
upon either party, shall be in writing and signed by both of the parties.
40.2 Contractor Commitments. Warranties and Representations: Not Applicable
41.1 Severabili :
If any term or condition of this contract or the application thereof to any person(s) or circumstances is held
invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the
invalid term, condition or application. To this end, the terms and conditions of this contract are declared
severable.
41.2 Waiver:
Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent
breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an
instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of
any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or
more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or
agreements, but the same shall be and remain in fuI[ force and effect.
42.1 Disputes:
a. General:
Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall
be brought to the attention of the County at the earliest possible time in order that such matters may be settled or
other appropriate action promptly taken. Except for such objections as are made of record in the manner
hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of
the Administrative Officer shall be final and conclusive.
b. Notice of Potential Claims: Not Applicable
c. Detailed Claim: Not Applicable
43.1 Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this
Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the
County of Whatcom. This Agreement shall be governed by the laws of the State of Washington,
Contract for Services Agreement, Legal Advocacy for Viclims of Domestic Violence Page 7 of 12 77
44.1 Survival:
The provisions of paragraphs 11.1, 11.2, 11.3 if utilized, 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1,
40.2, 41.2, 42.1, and 43.1, shall survive, notwithstanding the termination or invalidity of this Agreement for any
reason.
45.1 Entire Agreement,:
This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents
the entire Agreement between the parties and supersedes any prior oral statements, discussions or
understandings between the parties.
Provisions Related to Federal Requirements
Administrative Requirements:
The Contractor shall comply with all requirements within OMB Circular A-87, Cost Principles for State, Local, and
Indian Tribal Governments or OMB Circular A-122, Cost Principles for Non -Profit Organizations; OMB Circular A-
102, Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments or
OMB Circular A-110, Administrative Requirements for Non -Profit Organizations; and OMB Circular A-133, Audits of
States, Local Governments, and Non -Profit Organizations, as are applicable.
The Contractor shall comply with all federal and state laws and regulations, including all non-discrimination
laws, but not limited to, Title VII of the Civil Rights Act, 42 USC 12101 et seq.; the Americans with Disabilities
Act (ADA); and Chapter 49.60 RCW.
Single Audit Reporting:
Non-federal entices receiving financial assistance of $500,000 or more in federal funds from all sources, direct
and indirect are required to have a single or a program -specific audit conducted in accordance with the Office of
Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non -Profit
Organizations. Circular A-133 is available on the OMB Home Page at http:l/www.omb.gov. If this is applicable,
the Contractor has the responsibility of notifying the State Auditor's Office and requesting an audit. Non-federal
entices that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for
that year, except as noted in OMB Circular A-133.
The Contractor shall maintain records and accounts so as to facilitate the audit requirement and shall ensure that
any subcontractors also maintain auditable records. The Contractor shall include the above audit requirements in
any subcontracts.
The Contractor is responsible for any audit exceptions incurred by its own organization or that of its
subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall
be included with the audit report. The Contractor must respond to County's requests for information or
corrective action concerning audit issues within 30 days of the date of request. The County reserves the right
to recover from the Contractor all disallowed costs resulting from the audit.
Once the single audit has been completed, the Contractor must send a full copy of the audit to the County and
a letter stating there were no findings or if there were findings, the letter should provide a list of the findings.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion - Lower Tier Covered Transactions:
The Contractor certifies, by submission of this proposal or contract, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
The Contractor further agrees that it shall not knowingly enter into any lower tier covered transactions (a
transaction between the Contractor and any other person) with a person who is proposed for debarment,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
and the Contractor agrees to include this clause titled 'Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction" without modification, in all lower tier
covered transactions and in all solicitations for lower tier transactions.
Contract for Services Agreement, Legal Advocacy for Victims of Domestic Violence Page 8 of 12 78
The "General Service Administration List of Parties Excluded from Federal Procurement or Non -procurement
Programs" is available to research this information at http://ep[s.arnet.govl.
Access to Financial Records:
All records and financial statements of the Contractor, pertaining to this contract, small be available to the County or
other pass -through entities and auditors as necessary, to ensure compliance with OMB Circular A-133.
Contract for Services Agreement, Legal Advocacy for Victims of Domestic Violence Page 9 of 12 79
EXHIBIT "A"
(SCOPE OF WORK)
The contractor (DVSAS) agrees to provide legal advocacy to victims of domestic violence who are referred
to the contractor through Whatcom County Superior Court Services. The contractor agrees to provide a
legal advocate 17.5 hours per week, on -site at the Courthouse. The project will be implemented and
conducted in accordance with (i) the AOC STOP Violence Against Women grant, Request for Proposal
2006-04, dated November 1, 2005 and (ii) the proposal, dated January 6, 2006, and budget revision dated
February 1, 2006, and attachments to said proposal, incorporated herein by reference, submitted by
Whatcom County Superior Court to the AOC. Legal advocacy services will include the following specific
services:
1. On site assistance with applications for protection order petitions during regularly scheduled hours
2. In person support and information during protection order hearings
3. On site assistance with distribution of court orders to Petitioner and Respondent
4. Follow-up legal advocacy and support
5. Legal advocacy for other civil legal issues and hearings
6. Provide quarterly reports on or before June 30, 2006; September 30, 2006; and a final written report
at the conclusion of the project on December 31, 2006 utilizing the CTED format
Contract for Services Agreement, Legal Advocacy for Victims of Domestic Violence Page 10 of 12 80
EXHIBIT "B"
(COMPENSATION)
In consideration for the services described above, the County agrees to provide shared office space for the
legal advocate, fulfill the match requirements specified in the AOC contract and reimburse the Contractor
(DVSAS) at the agreed -upon hourly rate for services provided. The County will pay $21.98 per hour for 17.5
hours per week of on -site legal advocacy services. In addition, the County agrees to reimburse the
Contractor for process server fees not to exceed $750. The maximum compensation payable under this
contract is $15,750 for the period of April 1, 2006 through December 31, 2006.
The Contractor shall quarterly submit an invoice for payment for actual number of hours of legal advocacy
services rendered during the preceding quarter to the Superior Court Administrator. The invoice shall be
supported by timesheets documenting all of the employee's hours worked and the number of hours
allocated to this project.
NON -SUPPLANTATION CERTIFICATION
The Contractor certifies that no STOP Grant funds will be used to supplant existing state, local, or other non-
federal funding already in place to support current services. The Contractor certifies that STOP Grant funds
will be used to increase the total amount of funds used to combat violence against women. The Contractor
understands that violation of the non -supplantation requirement can result in a range of penalties, suspension
of future funds under this grant, recoupment of monies provided under this grant, and civil and/or criminal
penalties.
Contract for Services Agreement, Legal Advocacy for Victims of Domestic Violence Page 11 of 12 81
n ranJusticeF1 ExIllel r C
Ge de d
WASHINGTON
COURTS Commission
COMMISSION
February 15, 2006
MEMBERS
Honorable Barbara A.
Mr. N. F. Jackson
Madsen, Chair
Whatcom County Superior Court
Washington State Supreme
Court
311 Grand Avenue
Honorable Marlin Appelwick
Bellingham, WA 98225
Court of Appeals, Division I
Professor Margaret Chon
Dear N.F.:
Seattle University School of
Law
RE: RESPONSE TO REQUEST FOR PROPOSAL (RFP) 2006-04
Ms. Eileen M. Concannon
Ridden Williams P.S.
Congratulations! I am pleased to inform you that, pursuant to the
Ms. Jeralita Costa
recommendation of the Gender and Justice Commission VAWA STOP
Indeterminate Sentence Review
Board
Grant Advisory Committee, your revised proposal for Enhanced Court -
Honorable Sara Derr
Based Domestic Violence Advocacy been approved for funding. In
Spokane County District Court
order to maximize the funding available, the Committee is offering
Honorable ThomasR.
$15,750 for the project. The Committee determined that this would fund
Fallgaist
the first eight months of the project and the process serving fees. By
Spokane County Clerk
June 2006, we will know if there is additional grant funding available
Ms. Judie E. Fortier
from unexpended FY04 contracts. At that time, we may be able to
Citizen
increase your contract to fund the full year of service.
Ms. Jennefer Henson
Des Moines Municipal Court
If you agree to this offer, contract development will be referred to the
Ms. Grace Huang
Administrative Office of the Courts (AOC) Contracts Manager. A draft
WA State Coalition Against
Domestic Violence
will be sent to you for review within four weeks. As with other grant
Honorable Michael Milian
projects, in which the AOC has entered into contracts with local entities,
Franklin County Clerk
funding will be provided on a reimbursement basis using form A19-1 A.
Ms. Sandra J. Matheson
Program funding commences upon the day a contract is fully signed and
Department of Retirement Systems
will end on March 31, 2008. The invoice form and new federal
Ms. Yvonne Pettus
mandatory reporting forms will be sent to you with the contract.
Tacoma Municipal Court
Honorable James M. Riehl
If you have any questions about this process, please call me at (306)
Ki tsap County District Court
705-5290 or contact me via email at gloria.hemmen@courts.wa.gov.
Honorable Ann Schindler
Court of Appeals, Division I
I look forward to working with you during the next year as your project is
Mr. Daniel L. Thieme
implemented.
Littler Mendelson
Mr. Lindsay T. Thompson Sincerely,
Thompson Gipe, P.C.
Honorable Linda G. Tompkins�Z
Spokane County Superior Court
Ms. Gloria Hemmen, Exec. Dir. cc: Kathleen Marshall
Administrative office of the GCHEM/DV/STOP GRANTIFY05 GRANTIRFP/AWARD LTR 021506.DOC
Courts
Contract for Services Agreement, Legal Advocacy for Victims of Domestic Violence Page 12 of 12 82
WHATCOM COUNTY COUNCIL AGENDA BILL NO 2006-176
CLEARANCES
.Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Ori inator:
SM
3123106
u' E C G L 1
ll J
V
APR 4 - 2006
WHATCOM COU � �r
`f O U JN Al L
411112006
Finance/counci
Division Head:
Dept. Head:
Prosecutor:
y
U`
Purchasing/Bud el:
!V�
` 29 �U
Executive:
TITLE OF DOCUMENT. Cooperative Service Agreement with U.S D.A.
ATTACHMENTS: Memorandum; Contract with U.S.D.A.
SEPA review required? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes ( X ) NO
Should Clerk schedule a hearing ? { ) Yes ( X ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you
must provide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in
explaining the intent of the action.)
The County Executive requests authorization to enter into a Cooperative Service Agreement with the
U.S. Department of Agriculture to conduct wildlife damage management activities to control starling and
pigeon Populations within Whatcom County.
COMMITTEE ACTION:
COUNCIL ACTION:
Related County Contract #.
Related File Numbers.
Ordinance or Resolution Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website
at. www.co.whatcom.wa.us/counciG
E90K
WHATCOM COUNTY
Executive's Office
311 Grand Avenue, Suite 108
Bellingham, WA 98225
MEMORANDUM
TO: Laurie Caskey-Schreiber, Council Chair
County Council Members
FROM: Pete Kremen, County Executive
Pete Kremen
County Executive
RE: U.S. Dept of Agriculture Agreement — Starling Control Program
DATE: March 23, 2006
Enclosed are two (2) originals of an agreement between Whatcom County and the U.S.
Department of Agriculture for your review and approval.
> Background and Purpose
In previous years Whatcom County had contracted with the Agricultural Preservation
Committee, who would work in conjunction with the USDA on the Starling Control Program
within the county. The USDA would bill the APC, who would turn it over to Whatcom County
for payment.
This contract will allow Whatcom County to work directly with the U.S.D.A. and is in the form
of a (reimbursable) Cooperative Service Agreement that will allow the USDA to follow a
work plan and bill for reimbursement from the county, for an amount not to exceed
$15,009.00. A work plan will be submitted on an annual basis by the U.S.D.A. for the
county's approval.
> Funding Amount and Source
Funding for this contract comes from the non -departmental fund, Starling Program.
Please contact Dewey Desler or Linda Kasper if you have questions regarding this
agreement.
Encl.
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County Contract No.
a oo6 o YO(D I
Originating Department:
Executive
Dewey Desler
Contact Person:
Contractor's Name:
U.S. Dept of Agriculture
Is this a New Contract? If not, is this an Amendment to an Existing Contract?
Yes X No Yes No
If an Amendment, previous number(s):
Is this a renewal?
Yes _ No
Contract Amount:(sum of orig contract amt
If a Professional Services Agreement is more than $15, 000 or a Bid is more than
and any prior amendments)
$35, 000, please submit an Agenda Bill for Council approval and a supporting
$15,009
memo. Any amendment that provides either a 10% increase in amount or more
This Amendment Amount:
than $10, 000, whichever is greater, must also go to Council and will need an
$
agenda bill and supporting memo. If less than these thresholds, just submit to
Total Amended Amount:
Executive with supporting memo for approval.
Scope of Services
Wildlife damage management activities to control European starlings and
pigeons in Whatcom County to protect human health and safety, livestock
health, crops and property
Nature of Contract Amt: ( Check one)
Fixed Amount Not to Exceed X Open Ended _
Term of Contract:
Expiration Date: Ongoing_
Renewal Option Yes No X
Last Renewal Expires:
Special Dates or clauses that require calendaring:
1. Prepared by: SM T
2. Attorney reviewed: Ir
3.Finance reviewed:
4. Attorney signoff.-
5. Contractor signed:
d. Submitted to Exec Office ✓
7 Reviewed by DCA
8. Council approved (if necessary)
9. Executive signed:
10. Contractor Original
Returned to dept;
11. County Original
to Council
Date 3123106_ [electronic]
Dated eL jelectronic]
Date 3fiq�n� rj (electronic] hard copy printed
Date
Date
Date t-p(p (summary via electronic; hardcopies]
Date
Date
Date
Date
Date
this form may need to expand to more than one page
Loom
Agreement No: 06-73-53-5961-RA
�y
p� Accounting Code: 673-7353-140
COUNT I�/ ORI���li��A.
COOPERATIVE SERVICE AGREEMENT WHATCNAl COUNTY
REIMBURSABLE CONTRACT NO.
between 0 p O
WHATCOM COUNTY EXECUTIVE OFFICE (COOPERA
and
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES (WS)
ARTICLE 1— PURPOSE
The purpose of this Agreement is to conduct wildlife damage management (WDM) activities to control
European starlings and pigeons in Whatcom County to protect human health and safety, livestock health,
crops and property.
ARTICLE 2 - AUTHORITY
APHIS WS has statutory authority under the Act of March 2, 1931 (46 Stat. 1468; 7 U.S.C.426-426b) as
amended, and the Act of December 22, 1987 (101 Stat. 1329-331, 7 U.S.C. 426c), for the Secretary of
Agriculture to cooperate with States, individuals, public and private agencies, organizations, and
institutions in the control of wild mammals and birds that are reservoirs for zoonotic diseases, or are
injurious or a nuisance to, among other things, agriculture, horticulture, forestry, animal husbandry,
wildlife, and public health and safety.
ARTICLE 3 - MUTUAL RESPONSIBILITIES
The Cooperator and WS agree:
a. To confer and plan a WDM program that addresses the need for managing conflicts caused by
European starlings and pigeons in Whatcom County, Washington. Based on this consultation, WS
will formulate annually, in writing, the program work plan and associated budget and present them
to the Cooperator for approval.
b. Each year the Cooperator and APHIS-WS must agree to, and sign, the annual Work and Financial
Plans, which upon execution are incorporated into this Agreement by reference.
c. When either of the Cooperating parties address the media or incorporate information into reports
and/or publications, both Cooperating parties must agree, in writing, to have their identities
disclosed when receiving due credit related to the activities covered by this agreement.
Agreement No: 06-73-53-5961-RA
Accounting Code: 673-7353-140
ARTICLE 4 - COOPERATOR RESPONSIBILITIES
The Cooperator agrees:
a. To designate Linda, Kasper, Administrative Secretary, 311 Grand Ave. Suite 108, Bellingham,
WA 98225, (360) 676-6717 as the authorized representative who shall be responsible for
collaboratively administering the activities conducted in this Agreement.
To reimburse APHIS-WS for costs, not to exceed the annually approved amount specified in the
Work and Financial Plan. If costs are projected to exceed the amount reflected in the Financial
Plan, the Work and Financial Plan shall be formally revised and signed by both parties before
services resulting in additional costs are performed. The Cooperator agrees to pay all costs of
service submitted via an invoice within 30 days of the date of the submitted invoice or invoices as
submitted by APHIS-WS. Late payments are subject to interest, penalties, and administrative
charges and costs as set forth under the Debt Collection Improvement Act of 1996. If the
Cooperator is delinquent in paying the full amount of the due service costs submitted by APHIS-
WS, and/or is delinquent in paying the due late payments, and/or is delinquent in paying the
interest, penalties, and/or administrative costs on any delinquent due service costs, APHIS-WS
will immediately cease to provide the respective service associated with the submitted service
costs. APHIS-WS will not reinstate or provide the respective service until all due service costs,
and/or due late payments, and/or due interest, penalty, and/or administrative costs are first paid in
full.
c. Provide a Tax Identification Number or Social Security Number in compliance with the Debt
Collection Improvement Act of 1996.
d. As a condition of this Agreement, the Cooperator ensures and certifies that it is not currently
debarred or suspended and is free of delinquent Federal debt.
ARTICLE 5 — WS RESPONSIBILITIES
WS agrees:
a. To designate WS State Director, Roger A. Woodruff, 720 O'Leary Street NW, Olympia, WA
98502 (360) 753-9884 as the authorized representative who shall be responsible for
collaboratively administering the activities conducted in this Agreement;
b. The performance of wildlife damage management actions by WS under this agreement is
contingent upon a determination by WS that such actions are in compliance with the National
Environmental Policy Act, Endangered Species Act, and any other applicable environmental
statutes. WS will not make a final decision to conduct requested wildlife damage management
actions until it has made the determination of such compliance;
C. To provide qualified personnel and other resources necessary to implement the approved WDM
program delineated in the Work and Financial Plan referenced in Article 3.a of this Agreement.
To bill the Cooperator for costs incurred in performing WDM activities in as authorized in the
approved annual Work and Financial Plan as may be amended.
Agreement No: 06-73-53-5961-RA
Accounting Code: 673-7353-140
e. To notify the Cooperator, if costs are projected to exceed the amounts estimated and agreed
upon in the Financial Plan. WS will cease providing goods or services until a revision to the
Work and Financial Plan, as appropriate, have been agreed to and signed by both parties to this
Agreement.
f. Authorized auditing representatives of the Cooperator shall be accorded reasonable opportunity
to inspect the accounts and records of WS pertaining to such claims for reimbursement to the
extent permitted by Federal laws and regulations.
g. To provide the annual Work Plan/Financial Plan to the Cooperator on or before October of the
preceding year. Funding is contingent upon approval by the Whatcom County Council.
ARTICLE 6 — WS CONDITIONS
For costs bome by WS, this agreement is contingent upon the passage of the Agriculture, Rural
Development, and Related Agencies Appropriation Act for the current fiscal year from which expenditures
may be legally met and shall not obligate APHIS upon failure of Congress to so appropriate. This
Agreement also may be reduced or terminated if Congress provides APHIS funds only for a finite period
under a Continuing Resolution.
ARTICLE 7 - ASSURANCES
Nothing in this agreement shall prevent any other State, agency, organization or individual from entering
into separate agreements with WS or the Cooperator for the purpose of managing wildlife damage.
ARTICLE 8 — CONGRESSIONAL RESTRICTIONS
Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be
admitted to any share or part of this agreement or to any benefit to arise therefrom.
ARTICLE 9 — APPLICABLE REGULATIONS
All WDM activities will be conducted in accordance with applicable Federal, State, and local laws and
regulations.
This agreement is not a procurement contract (31 U.S.C. 6303), nor is it considered a grant (31 U.S.C.
6304). In this agreement, APHIS provides goods or services on a cost recovery basis to nonfederal
recipients.
ARTICLE 10 — LIABILITY
APHIS assumes no liability for any actions or activities conducted under this agreement except to the
extent the recourse or remedies are provided by Congress under the Federal Tort Claims Act (28 USC
1346(b), 2401(b), 2671-2680).
I
Agreement No: 06-73-53-596 1 -RA
Accounting Code: 673-7353-140
ARTICLE 11— AGREEMENT EFFECTIVE DATE
This Agreement shall become effective upon the date of final signature and shall continue for a period not
to exceed 5 years. This agreement may be amended at any time by mutual agreement of the parties in
writing. It may be terminated by either party upon 60 days written notice to the other party. Further, in the
event the Cooperator does not for any reason reimburse expended funds, WS is relieved of the obligation
to continue any operations under this agreement.
AUTHORIZATION:
WHATCOM COUNTY EXECUTIVE OFFICE
BELLINGHAM, WA
Tax Identification Number: 91-6001383
County Executive
Approved as to form:
Wil4osAcu ttorney Date
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES
Olympia, Washington:
Tax identification Number: 41-0696271
State Direc , Washington/Alaska
Director, Western Region
Date
3 - 4 -- o,6
Date
Date
.O
WORK PLANNINANCIAL PLAN
COOPERATOR: Whatcom County Executive Office
CONTACT: Linda Kasper 360-676-6717
Administrative Secretary
COOPERATIVE SERVICE AGREEMENT NO: 06-73-53-5961-RA
ACCOUNTING CODE: 673-7353-140
LOCATION: Whatcom County
DATE: March 1, 2006 to February 28, 2007
In accordance with the Cooperative Service Agreement between Whatcom County and the
United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service
(APHIS), Wildlife Services (WS), this Work Plan sets forth the objectives, activities, and budget
of the wildlife control activities for the period of March 1, 2006 through February 28, 2007.
Program Objective/Goals
Wildlife Services Objective is to provide assistance to Whatcom County in reducing conflicts
caused by European starlings and pigeons. This assistance may be in the form of technical
assistance or direct control. When direct control is necessary, the most effective and safe tools
and techniques available will be utilized.
The specific goal is to protect human health and safety, livestock health, crops, and property by
removing or reducing populations of European starlings and pigeons. This program will be
conducted in conjunction with the Cooperative Service Agreement between the Whatcom
County Agricultural Preservation Committee and APHIS-WS.
Plan of Action
The objective of the wildlife control activities will be accomplished in the following manner:
1. WS will assign one part-time Wildlife Specialist for the Whatcom County bird control
program for approximately 3 '/Z months during the summer and 2 % months in the winter.
WS will provide the vehicle and field supplies for the project.
2. Damage control may be accomplished by the following methods:
Decoy traps DRC-1339 (a toxicant)
Shooting shotgun & air rifles Harassment/ Frightening Devices
Additional methods may be included as situations arise.
01
3. Kevin Christensen, the District Supervisor in the WS District Office in Poulsbo (360-
337-2778) will supervise this project. It will be monitored by Roger Woodruff, State
Director, Olympia, WA (360-753-9884).
4. WS will cooperate with the Washington Department of Fish and Wildlife, the U.S. Fish
and Wildlife Service, county and local city governments, and other entities to ensure
compliance with Federal, State, and local laws and regulations.
5. Whatcom County will be billed quarterly by WS only for the services rendered, not to
exceed $15,009. The financial point of contact for this Work Plan/Financial Plan is
Roberta Bushman, Administrative Officer, who can be reached at (360) 753-9884.
BUDGET
Salary & Benefits $ 11,571
Supplies/Travel 400
Vehicle Use 3,038
TOTAL $15,009
WHATCOM COUNTY EXECUTIVE OFFICE
311 GRAND AVE
SUITE 108
BELLINGHAM, WA 98225
County Executive
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES
Stat7�T� WA/AK
Director, Western Region
Date
Date
Date
91
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2006-177
CLEARANCES
Initi l
Date
Date Received in Council Office
Agenda Date
Assi ned to:
KJR
4111166
Finance &
Originator:
L3-31-06
��
Council
Division Head:
JMM
3-31-06
Dept. Head:
APR 4 - 2006
WHATCOM COUNTY
G0UNC' .
Prosecutor:
/4�0�
PurcJiasin /Bud et:
Executive: P
r%
TITLE OF DOCUMENT:
Use of Premises agreement for Gooseberry Point Ferry Parking .
ATTACHMENTS:
Memo
Proposed amended agreement with the Lummi Commercial Company.
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? { ) Yes ( X ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must pro vide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate
Be clear in explaining the intent of the action.)
The amendment to this agreement is intended to extend theparking lot lease to coincide with the tidelands
lease agreement expiration in 2009. The amended agreement also provides for up to $50,000 in additional
site improvements and planning assistance at Gooseberry.Point, in partnership with the Lummi Commercial
Company.
COMMITTEE ACTION:
COUNCIL ACTION.
Related County Contract.#:
Related File Numbers:
Ordinance or Resolution
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County's website at: www.co.whatcom.wa.us/council.
WA
WHATCOM COUNTY
PUBLIC WORKS DEPARTMENT
JEFFREY M. MONSEN, P.E.
Director
M E M G R A N D U M
ADMINISTRATION
CIVIC CENTER
322 N. Commercial Street, Suite 210
Bellingham, WA 98225-4042
Telephone: (360) 676-6692
or (800) 676-6757
FA,X: (360) 738-4561
www. whatcomcounty. us
TO: The Honorable Pete Kremen, Whatcom County Executive, and
Honorable Members of the Whatcom County Council
FROM: Jeff Monsen, Director ,l�
RE: Amendment to the Agreement to Provide Ferry User Parking at
Gooseberry Point.
DATE: March 31, 2006
Please find attached an amended, with strikeouts, version of the Use of
Premises Agreement between Whatcom County and the Lummi Commercial
Company for your review.
Background and Purpose
This draft of the agreement was sent to the Lummi Commercial Company and
was presented to their board on April 30ffi, 2006 for review. It is our
understanding that they approved with modifications as shown on the attached.
Funding Amount and Source
The basic agreement calls for an extension of the existing lease until 2009. In
consideration for this extension the county will provide up to $50,000 in
improvements. The County will also continue to pay rent of about $13,000 each
year. There is adequate budget capacity for the rental payments, the
improvements and planning assistance may require a budget amendment
subject to the timing of the redevelopment.
Please contact me at extension 50678 if you have any questions or concerns
regarding the terms of this agreement.
Enclosure
Is
93
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County Contract No.
200303018-1
Originating Department:
Whatcom County Public Works
Contact Person:
Jeffrey M. Monsen, P.E.
Contractor's Name:
Lummi Commercial Company.
Is this a New Contract? If not, is this an Amendment to an Existing Contract?
Yes _ No _ Yes No
_X_
If an Amendment, previous number(s): 200303018
Is this a renewal?
Yes No
Contract Amount: (sum of orig contract amt
If a Professional Services Agreement is more than $15, 000 or a Bid is more than
and any prior amendments)
$35,000, please submit an Agenda Bill for Council approval and a supporting
$ 36,592 rental over 3years
memo. Any amendment that provides either a 10% increase in amount or more than
plus up to $50,000
$10, 000, whichever is greater, must also go to Council and will need an agenda bill
This Amendment Amount:
and supporting memo. If less than these thresholds, just submit to Executive with
$
supporting memo for approval.
Total Amended Amount:
$
Scope of Services
The amendment to this agreement is intended to extend the
parking lot lease to expire in 2009 for $36,592 over 3 years. The
amended agreement also provides for up to $50,000 in additional
site improvements and planning assistance at Gooseberry Point,
in partnership with the Lummi Commercial Company.
Nature of Contract Amt. ( Check one)
Fixed Amount Not to Exceed Open Ended
Term of Contract:
Expiration Date: Aril 16, 2009
Renewal Option Yes No
Last Renewal Expires:
Special Dates or clauses that require calendaring:
Contract Routing Steps & Signoff.• fsip-n or initiall (indicate date transmitted
1. Prepared by: Penn Harrison
Da e_March 31, 2006 [electronic]
2. Attorney reviewed: m� �' . -
spate Oil tog' i06 electronic]
3. AS Finance rewiewed:
Date [electronic]
4. Corrections made:
Date electronic] hard copy printed
5. Attorney signoff.•
Date v Y f a 4 To(,
6. Contractor signed:
Date
7. Submitted to Exec Office
Date %summary via electronic; hardcopies]
8. Reviewed by DCA .
Date
9. Council approved (if necessary)
Date
10. Executive signed:
Date
IL Contractor Original
Returned to dept;
Date
12. County Original
to Council
Date this form may need to expand to more than one
page
•A
WHATCOM COUNTY
CONTRACT NO.
USE OF PREMISES AGREEMENT
BETWEEN WHATCOM COUNTY AND LUMMI COMMERCIAL COMPANY
FOR FERRY VEHICULAR TRAFFIC PARIGNG AREA
AMENDMENT #1
This Use of Premises Agreement Amendment #1, made and entered into this 17"' day of
April. 2006 1 q th day ef Apii4,2003, by and between Whatcom County, a municipal
corporation in the State of Washington, hereinafter called the "County", and the Lummi
Commercial Company, hereinafter called "LCC", which operates with delegated authority
from the Lummi Indian Business Council, the governing body of the Lummi Nation, a
federally -recognized tribal entity,
WITNESSETH:
WHEREAS, the County and LCC entered into County Contract # 200303018 on
April 17, 2003; and
WHEREAS, it is to the benefit of the County and LCC to amend that agreement;
and
. WHEREAS, the County operates a ferry carrying both vehicular and pedestrian
traffic between Gooseberry Point, at the southern tip of Lummi Peninsula, and Lummi
Island; and
WHEREAS, some persons using the ferry park their vehicles on Gooseberry Point
prior to boarding the ferry for transport to the Island; and
WHEREAS, this occurs with frequency and regularity so as to necessitate planning
to accommodate the parking of these vehicles; and
WHEREAS, the County desires to provide an additional area for such parking that
is near the ferry terminal and is safely off of the roadway; and
WHEREAS, the Lummi Indian Business Council possesses such a parcel of
property, located north of Lummi View Drive, Bellingham, Washington, and described in
Exhibit A, that it is willing to commit to the control and management of LCC, so that LCC
can enter into this agreement upon the terms and conditions set forth herein;
NOW THEREFORE, it is hereby agreed by the parties hereto, that:
1. PROPERTY SUBJECT TO USE OF PREMISES AGREEMENT
The property subject to the Use of Premises Agreement between LCC and the County,
according to the terms and conditions set forth herein, is that parcel located north of
Lummi View Drive, Bellingham, Washington, and more precisely described and
identified in Exhibit A, attached hereto.
2. TERMS OF THE USE OF PREMISES AGREEMENT
Page 1 of 5
95
The extension of the-iRitiaE term of the Use of Premises Agreement shall be for--three-(3)
Three 3 pears, commencing April 17, 2006 ,and expiring April 16,
2000expking Aptit 16, 200 . The Use of Premises Agreement may thereafter be renewed
annually upon the same terms and conditions, except as they may be modified by mutual
agreement, in writing, of the parties.
3. TERMINATION
This Use of Premises Agreement shall terminate at the end of the term of the Use of
Premises Agreement, or at the end of the final period of extension thereof. Nothing,
however, shall prevent LCC from canceling the Use of Premises Agreement at any time
during its term, or during any extension of the term, subject to the terms for such
cancellation, which are more fully set forth hereinafter.
If LCC chooses to exercise the right of termination reserved herein, it shall give notice of
its intent to do so no later than 30 days prior to the effective date of the termination. If
this right of termination is exercised and effective prior to the end of the initial three-
year term, LCC shall reimburse the County for the undepreciated portion of the value of
the improvements the County installs upon the property. For the purpose of this
Section 3, TERMINATION, the value of the improvements shall not exceed $50,000
$30,0B0 and may include security and or drainage improvements and their inainte«ance,
Jointly designed and implemented with LCC. Depreciation shall be calculated on a
straight-line basis over the term of three three years. The County shall have the right to
continue to occupy and use the property per this agreement until it receives from LCC
the reimbursement for improvements referred to above, and refund of any rental
amount paid for beyond the period of occupancy.
The County may also terminate this agreement, by giving notice thirty (30) days in
advance of the effective date of termination, if it determines that such termination is in
the interests of the County. In case of early cancellation, the County shall nonetheless
pay the rental amount proportionate to the period of its occupancy. The disposition of
improvements to the property shall in any event be governed by the provisions of #5,
below.
4. CONSIDERATION
In payment for the use of the property identified above, the County shall pay LCC an
annual amount of $.50 per sq. ft. during the balance of 2006 (38,154), $.51 during 2007
($12,476), $.52 during 2008 (312,721). and $.53 during that portion of 2009 covered by
this agreement.($3,241)— , Tliis
shall be paid on the 24,463 sq. ft. as agreed upon in the initial agreement a quarter of said
sum to be paid by warrant no later than the 90`s day of each calendar quarter. This
amount shall not be adjusted except upon mutual agreement of the parties, and if the
parties are not able to agree to said adjustments, LCC may give notice of termination.of
the Use of Premises Agreement as provided in #3, above. In no event shall the
termination become effective before the end of the term for which the County has paid,
except upon mutual agreement of the parties in writing.
Page 2 of 5
96
5. ALTERATIONS TO THE PROPERTY
The County shall have the right to install various improvements upon the property,
including but not limited to fencing. Upon termination of the Use of Premises
Agreement, either by expiration or cancellation, LCC may, within thirty (30) days
thereafter, direct the County in writing to remove any such improvements, which the
County shall thereafter do within a period of thirty days after having received notice. If
no such notice for removal is timely given, after passage of thirty (30) days from the
termination of this agreement, LCC assumes full responsibility, vis-a-vis the County, its
employees, and agents for any damages suffered as a proximate result of the
improvements.
G. SIGNAGE
The County shall post signage and monitor the use of the ferry vehicular parking area.
Signage shall put the public on notice that, among other things, the parking area is
maintained by the County for ferry passenger vehicle traffic parking only, those utilizing
the parking area do so at their own risk and that no hazardous materials axe allowed
within the parking area
7. INDEMNIFICATION AND HOLD HARMLESS
The County agrees to defend, indemnify and hold harmless LCC, its appointed and
elected officers, and employees, from and against all loss or expense, including but not
limited to judgments, settlements, attorneys' fees, and costs by reason of any and all
claims and demands upon LCC, its elected or appointed officers, or employees, for
damages because of personal or bodily injury, including death at any time resulting
therefrom, sustained by any person or persons and on account of damage to property
including loss of use thereof, whether such injury to persons or damages is due to the
negligence of the County, its appointed or elected officials, its agents, or its employees,
insofar as such damages result from the County's acts or omissions in the use of the
property described herein, except to the extent such injury or damage shall have been
occasioned by actions or omissions of LCC.
8. ASSIGNMENT AND SUBLETTING
The performance of all activities and responsibilities contemplated by this Use of
Premises Agreement shall be accomplished by the respective parties hereto. No portion
of the rights and responsibilities under this agreement may be assigned to any other
individual, firm, or entity without the express and prior written approval of the other
party hereto.
9. ADMINISTRATION OF USE OF PREMISES AGREEMENT
The parties hereto hereby appoint and accept the appointment of the following persons,
hereinafter referred to as the Administrative Officers, for the purposes of administering
the provisions of the Use of Premises Agreement, including each patty's right to receive
and act on all reports and documents, and any auditing performed by either party related
to this Agreement. The Administrative Officers for purposes of this agreement are:
Page 3 of 5
97
For LCC
Joseph Mace, General Manager
L,,mr i Commercial Company
2616 I,,'--,vina Rd.
Bellingham, WA 98226
joem@lumn)-i-nsn-gov
Policy: Merle Jefferson
For Whatcom County
Jeffrey Monsen, Director
Whatcom County Public Works
322 Commercial Street, Suite 210
Bellingham, WA 98225-4042
imonseq&o.whatcomma.us
10. NOTICE
Except as set forth elsewhere in this agreement, for all purposes under this agreement
except for purposes of process, notice shall be given by giving notice to the other patty's
Administrative Officer, identified in #9, above. Notice for all purposes under this
agreement shall be given to the address provided by the other party in #9, above.
Notice shall be provided in writing, by hand delivery or by deposit of same in the U.S.
Mail, first class, postage prepaid.
11. MODIFICATIONS
Either party may request changes in the Agteement. Any and all modifications, to be
valid and binding upon either party, shall be in writing and signed by both of the parties.
12. ENTIRE AGREEMENT
This written agreement, comprised of the writings signed or otherwise identified and
attached hereto, represents the entire agreement between the parties and supersedes any
prior oral statements, discussions or understandings between the'pardes.
Recommended for Approval:
��� r^ atb-yl� 4 /C( A (9
D Director Date
Approval as to form:
Deputy Prosecuting Attorney Date
Approved and accepted for Whatcom County:
Pete Kremen, County Executive
STATE OF WASHINGTON )
Date
Page 4 of 5 98
) SS
COUNTY OF WHATCOM )
On this day of , 2006 2403, before me personally appeared Pete
Kremen, tome known to be the Executive of Whatcom County, who executed the above
instrument and who acknowledged to me the act of signing and sealing thereof.
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires
Approved and accepted for Lummi Commercial Company:
(Name, tide) Date
Page 5 of 5 99
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2006--179
CLEARANCES
Initial
Date
Date Received in Council D ice
Agenda Date
Ass i ned fo:
originator:
kw
0321-06
p —
E V � -
4/11/06
Finance/Counci
Division Head:
3
� Q
r� !, +�
�t�f� i — L006
/� ' I
V HATCOM COUN TY
Dept. Head:
Prosecutor:
^�
—,�
eritii
Purchasing/Budget:
Executive:
TITLE OF DOC ENT:
Resolution Ordering the Cancellation of Checks More than Two Years Old
Whatcom County Jail Inmate Trust Fund Outstanding Checks
ATTACHMENTS:
Above mentioned resolution and list of unreturned checks.
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a !tearing? ( ) Yes ( ) NO
SEPA review completed? { ) Yes ( ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE.
The attached reosolution will allow Administrative Services and the Treasurer's Office to cancel the enclosed checks listed in
Exhibit A, and enable them to report and remit those funds to DOR Unclaimed Property Division.
COMMITTEEACTION.•
COUNCIL ACTION.•
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number.
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on
the County's website at: www.co.whatcom.wa.us/council.
100
SPONSORED BY: Consent
PROPOSED BY: Executive
INTRODUCTION DATE:
RESOLUTION NO.
ORDERING THE CANCELLATION OF CHECKS
MORE THAN TWO YEARS OLD
WHEREAS, RCW 63.29.130, states that property held by courts and
public agencies that remains unclaimed by the owner for more than two years is
presumed abandoned; and,
WHEREAS, the Whatcom County Sheriff's Office/Jail has provided a list
of inmate trust fluid checks that were issued prior to 12-31-03 and never presented or
claimed by the owner.
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County
Council that Administrative Services Finance and the Treasurer's Office are directed,
pursuant to RCW 63.29, to cancel the checks listed in Exhibit A, and to report and remit
those funds to DOR Unclaimed Property Division.
APPROVED this day of , 2006.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Council Clerk
APPROVED as to form:
Civil Deputy P s utor
Laurie Caskey-Schreiver, Council Chair
101
rY_koa' {
INMATE TRUST FUND
ACCT# 473511007261
_
OUTSTANDING CHECKS - - 2003
FOR THE MONTH ENDED JANUARY 31, 2006
CHECK BOOKING CHECK
DATE NUMBER DESCRIPTION # AMT.
1/3/03
33243
BROWN, MATTHEW THOMAS
151825
$0.04
1/7/03
33262
ZIGICH, STEVEN EDWARD
151932
$0.11
1/14/03
33304
NEWTON, SHAUNA RENEE
152072
$0.09
1/15/03
33308
WICK, BRIAN DUANE
151937
$0.30
1/16/03
33314
JESSEN, DANIEL JOSEPH
151830
$5.40
1/20/03
33325
PADILLA, JOSE STEVEN
151325
$0.26
1/29/03
33375
LAND, KEVIN BARRETT
152268
$3.46
1/31/03
33393
_
LAFFERTY, KENNETH PAUL
151460
$7.42
2/3103
33407
WATERS, AMANDA JEAN
152303
$12.82
2/3/03
33408
NELSEN, DENNIS FLOYD
151646
$0.07
2/4/03
33415
BONILLA-GUZMAN, DENNIS ROBERTO _
152336
151561
_ _ _ $92.73
$0.05
2/4103
33419
GUERRERO, VENTURA BEN
2/12/03
33459
COLE, TAMMY LEE
152359
$76.20
2/14/03
33468
BRADLEY, JOHN JOSEPH
151903
2/14/03
33472
DEMING, BRADLEY EUGENE
151785
_ _$0.38
$0.86
2/21/03
33501
RHOADES, JOHNNY
152124
$0.14
2/21/03
33503
CLIZBE, ROLANDO LINCOLN
152460
$0.83
2/26/03
33533
GAONA, HENRY SPLOCKTON
151912
$0.79
2/28/03
33552
WESLEY, JOHN CLARENCE
152638
$1.17
3/5103
33569
_
MILLER, ANTHONY CLIFFORD
152552
$0.22
3/6/03
33576
SHELTON, ANDREW M
152700
$2.96
3/10/03
33597
BITONTI, DELBERT VINCENT
151949
$0.02
3/13/03
33618
LONG, VICTOR BRAD
152508
$0.62
3/15/03
33625
WILSON, DOUGLAS ALAN MAXWELL
152829
_ $3.64
3/19/03
33648
CRAIG, TRAVIS JAMES
152742
$26.88
3/21/03
33660
SLOCUMB,. MICHAEL LEE
152808
$0.49
3/24/03
! 33667
1MHOFF, MICHAEL RAY
_
152925
$1.25
3/24/03
33671
MAT_T_Y, REBECCA 1UNE
152935
$7.82
3/27/03
33684
_
SALDANA, LOUIS _
151129 _
_ _ $0.41
3/28/03
33701
SAPP, FRANCISC_O NAVARRO
152108
$0.47
3/29/03
33704
WILLIAMS, KENNETH
152973
$3.12
3/29/03
33705
CHENOWETH, RANDAL LEE
152369
$4.22
�4/4/03
4/18/03
33731
33809
VARGAS, PHILLIP JR _ _ _
BROWN, JEREMY KURT _
152536
$0.15
151982
$1.94
4/19/03
1 33813
lJOHNSON, TODD EMIL
152261
$1.81
4/21/03
33819
EDDY, JASON WILLIAM
153293
$2.72
4/23/03
33829
'
IMASSIE DA_NE WILLIAM __
153038
$1.27
4/24/03
33840
KINCAID, ALLEN LEE
153389
$2.64
4/26/03
33849
PALUH, ZACKARY ROBERT
153408
$3.85
5/1/03
33870
_
O_LOUGHLIN, SAMUEL DANA
��
153398 _
_ _ $0.40
5/I/03
33874
SPEYER, SHAWN MICHAEL
153499
i $7.40
5/l/03
33876
GILL, SATVANT SINGH
153266
S20.82
5/2/03
33882
ADAMS, WILLIAM MICHELE�
151709
$0.32
5/15/03
33956
COMBS, DAVID GLEN
-- -
153543
--
5/16/03
33959
EVINGER, WILLIAM OWEN
153534
_$1.52
S0.64
5/16/03
33961
BASS, REGAN DESTRY
153679
S7.82
5/19/03
33975
JOHNSON, JOSEPH FRANCIS
152806
$0.06
_
5/21/03
33981
_ _
PARISIEN, NICOLE LYNN
_
153603
_ _
$0.02_
5123/03
34001
PRESTON, DAVID JAMES
150276
$0.52
Page 1 of 3 102
CHECK BOOKING CHECK
DATE NUMBER DESCRIPTION # AMT.
5/25/03
34010
IMCCLIMANS, BRADLEY WALLACE
153855
$12.00
5/30/03
34035
EVANS, LAURA M
153666
$1.38
6/3/03
34049
RHOADES, JOHNNY
153470
$2.34
6/6/03
34073
_
STACEY, DOUGLAS SCOTT
153849
$0.05
6/8/03
34075
COCHRAN, PAUL JOHN
153733
$0.07
6111103
34103
SCHRUDDER, STEVEN MICHAEL
153936
$0.05
6/12/03
34105
JONES, CASEY LEE
_
153515
$0.10
6/16/03
34123
_
MEDINA, MARTIN JR
153669
$1.56
6/18/03
34141
ARNOLD, DEREK CHARLES
154047
$0.17
6/19/03
34147
NEWTON, ROBERT ANGUS
153832
$0.12
6/19/03
34148
GILLMERE, RICHARD LEE
154050
$1.83
6/20/03
34152
KLEIN, DENIS LEE
154205
$4.10
6/23/03
34158
WATSON, CORY MIKE
152698
$1.79
6/24103
34174
BURNHAM, JEFFEREY HALL
153628
$0.13
6/27/03
34190
BERTHOLF, MARK A
153307
$0.12
7/3/03
34227
ARINGTON, BARRY P
153808
$2.82
7/9103
34255
_
DITULLIO, DAVID ARTHUR J
153195
_
$1.36
7/13/03
34279
_
PLASTER, JAMES GALEN
154320
$0.32
7/19/03
34331
COLLINS, JAMES INOFRE 4
154110
$0.51
7/21/03
34340
HAYES, ADAM WILLOW
154476
$0.32
7/22/03
34343
___
ACKERMAN, HENRY KENNETH
154468
_
$0.21
_
34351
KIEL, RYAN MICHAEL
154672
$5.82
_7/23/03
7/29/03_
34390
_
DA, BUMMA
154456
$0.45
7/31/03
34397
f __
JONES, HAROLD WILLIAM
____
153059
$0.11
8/6/03
34433 _
_
SCHULTE, MICHAEL EUGENE JR
154775
$0.22
8/8/03
34443
_
HERNANDEZ-HERNANDEZ,ANASTACIO
154881
! _ $28.82
8/10/03
34448
CUNANAN, NICHOLAS RABANG�
154284
$1.30
8/13/03
34472
_
BURNEY, ALVIN ROSEVELT JR
154984
$1.31
8/20/03
34503
RUTCHEY, CHRISTOPHER MARK
154686
$0.29
8/26/03
34530
RAMOS-JIMENEZ, JUANA
154189
$0.34
8/27103
34531
GAONA, HENRY SPLOCKTON
_
154193
$0.09
8/28103
34539
TRINH, HIEP NGOC
155141
S17.87
8/31/03
34560
JOHNSON, KYLE DOUGLAS
155242
$2.82
9/8/03
34610
BESHEARS, ERNEST T
154535
$1.64
9/9103
34620
WHITE, BRAD ALLAN
155342
$1.82
_
9/11/03
34629
VASILCHENKO, EDUARD PETROVICH
155050
$0.16
9/12/03
34637
WALTON, JOSHUA LEE
155315
$0.55
9/13/03
34639
_
WEEKS, JASON PATRICK
155247
$46.06
10/2/03
34705
LASHER, KEVIN LAWRENCE
154576
, $0.12
10/2/03
34706
_
FISHBAUGHER, DERRICK JAMES
152094
_
j $0,01
10/13/03
34745
BROWN, MATTHEW THOMAS
153043
$1.90
10/16/03
34760
WARREN, STEPHEN PETER
155678
$10.60
10/30/03
34810
_
ADAMS, GEORGE OLIVER _
155585
$0.27
10/31/03
34811
GOBAT, BRIAN MICHAEL
155852
$1.27
1 I/8/03
34844
OWENS, MARK KENNETH
155252
$0.62
I 1/9/03
34849
_
RUSSELL, CAREY LLOYD
154773
$0.30
11/14/03
34867
IGLESIAS, LORENZO ANTONIO
156073
$0.53
11/15/03
34871
JOHNSON, TODD EMIL
_
155858
$1.00
11/20/03
34883
SIEBER, JASON
156031
$0.06
12/1/03
34911
JACOBSON, JOHN ED
155696
$0.22
12/19/03
34964
MAGUIRE, DARBY RICHARD
155471
! $0.23
12/19/03
34972
ZUANICH, ANDREW THOMAS
156715
$85.00
12/20/03
34973
_
NEWTON, RYAN ANDREW
155466
$0.14
Page 2 of 3 103
CHECK BOOKING CHECK
DATE NUMBER DESCRIPTION # AMT.
12/22/03
34976
YORK, JOHN FRANK
155206
$3.66
12/24/03
34984
RHODES, PATRICK DEAN
156774
$0.01
12/31/03
35006
SEBENS, MICHAEL THOMAS
156690
$0.40
j
$556.50
Page 3 of 3 104
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105
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2006 101 B
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
4/4/2006
4/11/2006
Public Works
Division Head.,
Dept. Head:
Prosecutor:
Purchasin /Bud et:
Executive:
TITLE OF DOCUMENT. -
Discuss feedback from Lummi Island residents on proposed ferry rate increases
ATTACHMENTS:
SEPA review required? { ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( ) NO
Requested Date:
SUMMAR Y STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
Discussion regarding the feedback received from Lummi Island residents on proposed ferry rate increases and ferry rate structure.
COMMITTEE ACTION:
COUNCIL ACTION.
Related County Contract ##:
Related File Numbers:
Ordinance or Resolution
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the Coun 's wehsite at: www.co.whatcom.wa.uslcouncil.
106
WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 2006-178
CLEARANCES
Initial
Date
Date Received in Council Qffwe
Agenda Date
Assigned to:
Originator.
Elizabeth K. Olsen
6Ko
3129106
� _
� � t^ � �
�
A P R 4 — 2
006
WHATO, 0�I rT..
't
C 0 U64' L
4111106
Planning and Development
Services /Council
Division Head:
TroyHolbrook
3 g_ vd
Dept Head:
Hal H. Hart, A.I. C P.
�j'I!r/
Prosecutor
Ro ce Buckingham
Purchasin�udget:
Executive.
Pete Kremen
T
SUBJECT:
Amendment #6 to the Interlocal Agreement with City of Lynden regarding annexation of properties within the
Lynden UGA.
ATTACHMENTS:
Interlocal Agreement Amendment #6, associated map and legal description.
SEPA review required? ( } Yes (X ) NO
SEPA review completed? ( ) Yes (X } NO
Should Clerk schedule a (tearing ? { ) Yes { X ) NO
Requested Date:
SUMMARYSTATEMENT:
The attached amendment to the Interlocal Agreement with the City of
Lynden would allow the annexation of approximately 104 acres on
West Main Street and Berthusen Road within the City of Lynden
UGA. The wording is similar to those approved previously. The
Director of Planning and Development Services has recommended
approval of this agreement.
Distribution Request .
Indicate those who should receive a copy after Council
action. ,List specific names to the right.
ADS Facilities Management
ADS Finance
ADS Human Resources
ADS Info Services
Assessor
Keith Willnauer
Auditor
Cooperative Extension
District Court
Executive
Health
Hearing Examiner
Jail
COUNCIL ACTION TAKEN:
Juvenile
Parks
Planning
Troy Holbrook
Prosecutor
Public Works
Sheriff
Superior Court
Related County Contract #:
Treasurer
Other
Related File Numbers :
Ordinance or Resolution Number
(this item) :
107
WHATCOM COUNTY
PLANNING & DEVELOPMENT
SERVICES
5280 Northwest Dr., Suite A
Bellingham, WA 98225
To: Pete Kremen,County Executive
Whatcom County Council
Through: Hal H. Hart, Troy Holbrook
From: Elizabeth K. Olsen, Planner 11, PDS
Subject: Lynden Interlocal Agreement —Amendment #6
Date: March 31, 2006
Hal H. Hart, A.I.C.P.
Director
Troy Holbrook
Interim Planning Manager
The City of Lynden has initiated an annexation for approximately 104 acres in the City's
Short Term Urban Growth Area (BRB 2005-04). Pursuant to Section 1 of the Interlocal
Agreement between Whatcom County and the City of Lynden, the County and the City are
attempting to sign an amendment to the Interlocal agreement .
The area proposed for annexation is compliant with the provisions of the interlocal
agreement. It is bounded on the north by West Main Street and on the west by Berthusen
Road. The land is within the Lynden Short Term Urban Growth Area and is currently zoned
Agriculture. It consists of flat open farmland, with two residences. The properties are not
within the flood zone and have no wetlands.
The City of Lynden has approximately 90 acres of current inventory within the city limits
being held by three parties who have not shown any inclination to pursue development or
sale (at market price) of the property. Seventy plus acres of the current inventory of
industrial land has been in the city since 1993 and has been taxed in the Current Use
Taxation designation of Open Space Agriculture (OSAG). The current tax rate and the cost
of removing the property from the OSAG classification provide little or no incentive to the
owners to develop the property.
The development of this area would ensure that the City's supply of land available for Light
Industrial would be met, with the subject properties being zoned Industrial-2, if annexed.
The proposed annexation will also serve as a desirable location for future community
facilities for which the City intends to plan, including without limitation, parks, walkways
and recreational facilities.
Staff supports the proposal of Lynden to annex the 104 acres.
Office(36Oi676-6907 County{360]380-810 Fax(360R38-2493 E-mail
PDS@co.whatcom.wa.us
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County Contract No.
9803030 - 6
Originating Department:
Planning and Development Department
Contact Person:
Elizabeth K. Olsen, Planner II - Troy Holbrook, Int. Planning
Manager
Contractor's Name:
City of Lynden - contact - Amy Harksell, Planning Director
Is this a New Contract? If not, is this an Amendment to an Existing Contract?
Yes No X Yes No
_X_
If an Amendment, previous number(s): #5
Is this a renewal?
Yes _ No
Contract Amount: (surn of orig contract amt
and any prior amendments)
This Amendment Amount:
Total Amended Amount:
Scope of Services
The attached amendment to the Interlocal Agreement with the City of
Lynden would allow the annexation of approximately 104 acres on
West Main Street and Berthusen Road within the City of Lynden
UGA. The wording is similar to those approved previously. The
Director of Planning and Development Services has recommended
approval of this agreement.
Nature of Contract Amt: ( Check one)
Fixed Amount _ Not to Exceed _ Open Ended _
Term of Contract:
Expiration Date:
Renewal Option Yes No
Last Renewal Expires:
Special Dates or clauses that require calendaring:
Contract Routine Steps & Sionoff: Won or initiall (indicate date transmitted
1. Prepared by: t~ . i .
Date q- QG ]electronic]
2. Attorney reviewed.
Date- ]electronic]
3. AS -Finance reviewed:
Date [electronic]
4. Corrections made:
Date (electronic] hard copy printed
5. Attorney signoff.•
Date
6. Contractor signed:
Date
Z Submitted to Exec Office Date dl -3 -q(. (summary via electronic, hardcopies]
8. Reviewed by DCA Date
9. Council approved (if necessary) Date
10. Executive signed: Date
11. Contractor Original returned to dept, Date
12. County Original to Council Date
This form may need to expand to more than one page
109
VV�IA`�COM COUNTY
COUNTY ORIGINAL AMENDMENT #6 CONTRACT NO.
TO
INTERLOCAL AGREEMENT BETWEEN ---
THE CITY OF LYNDEN AND WHATCOM COUNTY
CONCERNING ANNEXATION
This agreement is made by and between the City of Lynden (hereinafter referred to
as the City) and Whatcom County (hereinafter referred to as the County), political
subdivisions of the State of Washington, pursuant to the Interlocal Cooperation Act, RCW
39.34.
WHEREAS, the City and County have entered into an interlocal agreement
concerning annexation and development with the City of Lynden UGA, and
WHEREAS, the City and County have agreed to an additional annexation of
property, and
WHEREAS, Section 1 of the interlocal agreement states that for each annexation
that the interlocal agreement "shall be amended to include a description of the annexation
area and other amendments related to the annexation area".
NOW, THEREFORE, IT IS HEREBY AGREED,
The following information is pertinent to the newly annexed area and shall be included as
an additional exhibit to the interlocal agreement:
Annexation Name:
Boundary Review Board No
Map:
Legal Description:
Annexation Method:
Intended Service Providers:
Westwind 104 Acres
BRB 2005 - 02
Attached as Exhibit A
Attached with Exhibit A above
60% Petition
City of Lynden will provide water, sewer, police protection and fire protection
services, The City has a Mutual Aid Agreement with Fire District 3, who will provide
fire protection until water lines and fire hydrants are installed.
Interlocal Agreement — Amendment #6
City of Lynden & Whatcom County
110
IN WITNESS WHEREOF, the parties have signed this agreement, effective on the date
indicated below.
CITY OF LYNDEN
Jack Louws, Mayor
Date
Approved as to form:
Office of the City Attorney
Attest
STATE OF WASHINGTON
County of Whatcom
On this day of
}
) ss.
WHATCOM COUNTY
11
Pete Kremen, County Executive
Date
Approved as to form:
h om Count rosecutor
2006 , before me personally appeared
JACK LOUWS, to me known to be the Mayor of the CITY OF LYNDEN, and who executed
the above instrument and who acknowledged to me the act of signing and sealing thereof.
NOTARY PUBLIC in and for the State of
Washington residing at Lynden.
My appointment
expires:
interlocal Agreement — Amendment #6
City of Lynden & Wiatcom County
2
111
STATE OF WASHINGTON )
) ss.
County of Whatcom )
On this day of , 2006 , before me personally
appeared PETER 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.
NOTARY PUBLIC in and for the State of
Washington residing at Bellingham.
My appointment expires:
Interlocal Agreement — Amendment #6
City of Lynden & Whatcom County
3
112
V I F
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A
GUIDE MEREDIAN
�l
Legal Deseription of proposed Annexation
to the City of Lynden
The South half of the Northwest quarter and the North half of the Northwest
quarter of the Southwest quarter all of Section 24, Township 40 North, Range 2 East
of'W.M., together with all rights -of -way for West Main Street and for Berthusen
Road adjacent to and abutting the above described Iands.
Containing approximately 104 acres.
114
WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 2006-018
CLEARANCES
Initial
Date
Date Received in Council O tce
A enda Date
Assigned to:
Originator.
Wendy Wefer-Clinton
3/13/06
u Il E 0 E`Vfn /j
APR y _ 2006
WHATC011A COUNT
�� ��N�t, !!
��t.itS�r�`
4111106
0(Executive
Council Committee of the Whole
Session)
Division Head:
Karen S. Goens
MA
3/13/06
Dept Head:
Dewey G. Desler
Prosecutor
Daniel L Gibson
t/
U4,
e3 13 ob
PurchasiugBudget:
Executive: p
Pete Krenr en T
�I
SUBJECT.•
Collective Bargaining
ATTACHMENTS:
SEPA review required? ( ) Yes (
SEPA review completed? { ) Yes (
X ) NO
X ) NO
Should Clerk schedule a hearing ? { ) Yes ( X ) NO
Requester! Date:
SUMMARYSTATEMENT.
-Discussion and negotiations update for
County Council on open and other collective
bargaining agreements.
Distribution Request
Indicate those who should receive a copy after Council action.
List specific nanres to lite right.
AS Facilities Management
AS Finance
AS Human Resources
AS Info Services
Assessor
Auditor
Cooperative Extension
District Court
Executive
Health
Hearing .Examiner
Jail
COUNCIL ACTION TAKEN:
Juvenile
Parks
Planning
Prosecutor
Public Works
Sheriff
Superior Court
Related County Contract M
Treasurer
other
Related File Numbers:
Ordinance or Resolution Number
(this item):
115
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
WHATCOM COUNTY COUNCIL
Regular County Council
March 14, 2006
Council Chair Laurie Caskey-Schreiber called the meeting to order at 7:00 p.m. in
the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present:
Barbara Brenner
Dan McShane
Sam Crawford
Seth Fleetwood
Carl Weimer
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
There were no announcements.
MINUTES CONSENT
Absent:
None
McShane moved to approve the Minutes Consent items.
Motion carried unanimously.
1. SURFACE WATER WORK SESSION FOR FEBRUARY 21, 2006
2. COMMITTEE OF THE WHOLE FOR FEBRUARY 28, 2006
OPEN SESSION
The following people spoke:
Dennis Jones, Sudden Valley, stated there is a Lake Whatcom Management Meeting
on April 5t". He hopes they will discuss how they are going to fund the 21-goal project.
Sudden Valley citizens invite the County Council, Bellingham City Council, and Water District
10 Board members to a social on April 7 to discuss municipal options for Sudden Valley.
Kris Ungern, 2095 Northshore Road, asked why they continue to make housing
unaffordable with unnecessary land use laws. Keeping new people out of the community by
restricting development will transfer crowding and traffic congestion elsewhere. This is not
desirable. He asked why development is considered bad when it depends on private
enterprise to build what people are willing to buy. He asked why redevelopment is
Whatcom County Council, 3/14/2006, Page 1
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
considered good when it involves ill-considered government projects that fail in the real
world. The revised moratorium has nothing to do with the Comprehensive Plan goal of
preserving agricultural land. Work on real issues instead of wasting time and energy on
divisive moratoria.
Find a way to get information out to the public. Have public forums in addition to
regularly scheduled Council meetings. This would be more productive and informative to
the public than talking to a few individual citizens on the telephone.
Compare the agricultural protection overlays (APO) in the Comprehensive Plan to the
soil maps in the 1992 Whatcom County soil survey. The APO covers large areas in the
north county without consideration of the 192 soil types, many of which aren't suitable for
agriculture. The APO map appears to be more political, and is not a useful planning tool. It
applies to parcels over 20 acres zoned rural, one unit per five acres (R5A) and rural, one
unit per ten acres (R10A). Rural zoning designations cannot be equated to agricultural soil
types.
Norma Otto, 8519 Bluebell Court, Maple Falls, stated the North Fork Community
Resource Center project stalled during site selection. There is some disagreement among
the people who are working on the project. While that disagreement has stalled the
project, the folks in the community are still at risk. The families in need of the services are
doing without. It is a great project. She is not in favor of any particular site. Do what they
can to move the project forward. The kids need this resource. The kids need more summer
programs.
Larry Quinlivan, 2327 Northshore Road, stated his property assessment went up 63
percent. His taxes went up 45 percent. His income went up eight percent. Taxes are
increasing faster than wages.
Brenner stated the State mandates how taxes happen. The amount paid is from the
formula from the State. The County has no voice in how that happens.
Quinlivan stated there should be money to cover certain things that are taxed, given
that type of increase in property tax value.
Brenner stated the County only keeps a small portion of the taxes. Most goes to the
State, and some goes out to other districts.
Crawford stated the County only keeps 16 percent of the property taxes paid.
Paul Isaacson, 3940 Isaacson Road, stated that he filed a lawsuit against Whatcom
County today regarding the moratorium imposed at the last meeting, the ordinance
imposing an interim moratorium on the acceptance of short plat applications for
subdivisions in the rural zones within Agricultural Protection Overlay areas, Rural
Forestry zones, Suburban Enclaves, and Transportation Corridors (AB2006-110).
When the ordinance was adopted, the County Council did not follow the County Charter, the
constitution of this community. His lawsuit demands that County Charter Section 1.11 be
respected and given the full force of law for which it was intended. This lawsuit is about the
need for legislators to abide by the laws of this county. They can't continue to ignore the
laws and get away with it. Property owners shouldn't have to sue the government to get it
Whatcom County Council, 3/14/2006, Page 2
117
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
to comply with the constitutions that protect the people from the government. This Council
must either change its thinking or change in structure. Several people have been harmed.
The Council is not listening to the citizens. This is the first action, not the last, until the
Council is fair with the landowners. If the councilmembers are willing, he will continue to
collaborate with the Council.
J. D. Merris, 512 Darby Drive, #210, Bellingham, stated he is against
Comprehensive Plan amendment docket item 2006-AA in the resolution initiating
Comprehensive Plan and zoning amendments for 2006 (AB2006-082). He is
opposed to one mile buffers around the city urban growth areas. This is not a realistic goal.
Currently, there are people with homes and businesses within a one -mile radius of any city
boundary. The Guide Meridian is an example. This proposal may have the unintended
consequence of causing additional sprawl. Also, it infringes upon the rights to own
property, which is protected by the Comprehensive Plan, County Charter, Growth
Management Act, Washington Constitution, and U.S. Constitution.
Brenner stated the committee recommends a change to that item to require
adequate buffers.
Dana Quam, Whatcom County Association of Realtors Governmental Affairs Director,
stated her organization supports Paul Isaacson's lawsuit against the County regarding the
ordinance imposing an interim moratorium on the acceptance of short plat
applications for subdivisions in the rural zones within Agricultural Protection
Overlay areas, Rural Forestry zones, Suburban Enclaves, and Transportation
Corridors (AB2006-110). Citizens testified to the Council about how the moratorium
would negatively affect them. Respect the limits imposed on government by the laws of the
land. Citizens shouldn't have to sue the government.
David Lobdell, 4200 Arnie Road, stated he is dissatisfied with the Whatcom County
government, specifically the Planning Department. He has been attempting to establish a
business. He has been baited, lied to, and misled by some of the employees. They are
taking liberties with the interpretation of the regulations. He is in favor of the management
of growth of government. His income is reduced because he has to deal with the County's
excessive regulations. Vote against all of the docket items in the resolution initiating
Comprehensive Plan and zoning amendments for 2006 (AB2006-082).
Randy Elmore, 2185 Squalicum Mountain Road, stated the Council voted to adopt
the ordinance imposing an interim moratorium on the acceptance of short plat
applications for subdivisions in the rural zones within Agricultural Protection
Overlay areas, Rural Forestry zones, Suburban Enclaves, and Transportation
Corridors (AB2006-110), which is illegal. It was done without public process. It calls
something an emergency that is not an emergency. The councilmembers each spoke about
their reasons for voting the way they did. He's sorry that Pete Kremen signed the
ordinance. The ordinance doesn't make sense. He supports Paul Isaacson.
Valerie McAloon, North Fort Community Resource Center Association Board
Secretary, stated that the Board appreciates the County's support of its project. She agrees
with Norma Otto's comments about site selection.
Whatcom County Council, 3/14/2006, Page 3
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
Johnnie Grames, 4478 Northwest Drive, this week is Sunshine in Government Week,
meaning there must be open government so people can access what goes on inside
government. However, the recent purchase of the Bellingham Herald and other newspapers
is politically motivated. People must have enough information in the election process to
change government. Everything becomes politicized. Also, the law library hours for the
public are too restrictive.
Lesa Starkenburg-Kroontje, 115 Front Street, Lynden, stated she is in favor of
Comprehensive Plan amendment docket item 2006-R in the resolution initiating
Comprehensive Plan and zoning amendments for 2006 (AB2006-082). The
committee recommends docketing. Comprehensive Plan goal 8P says that the County
should seek to designate a 50-year supply of mineral resources. This goal promotes the
Growth Management Act mandate to classify, designate, and protect mineral resources for
future needs.
This proposal would add 25 acres to an already -existing mineral resource land
(MRL). It is an area that has been used for mineral extraction historically. The area is
proven to have the resource. The amendment will designate and protect the remaining
deposit.
The Geo-Engineers study indicated that the County has a 12- to 15-year supply of
quality aggregate. That study is three years old now, so there is a 9- to 12-year supply of
construction aggregate.
This site has been tested to confirm that the deposit extends into this area. This is
one of the few areas identified in the study that is not located in an agriculture zone.
Docketing means the Council is interested in hearing more about this proposal. MRL
status will protect this area that is zoned as rural, one unit per five acres (R5A). Notice will
be sent to people in the area. The MRL designation only means the owners can seek a
permit for mining and cannot divide the property below a size of 20 acres. Docket this
item.
Mark Aamot, 3225 Arnie Road, Custer, stated there are good people in Whatcom
County. They look at the law to protect them. Be aware of the burden of regulation. It
falls most heavily on the working class of this county. In the future, the Council will be
faced with hard choices on these issues. Remember the citizens.
Bob Wiesen, 3314 Douglas Road, Ferndale, stated they have a very dysfunctional
Planning Commission. He agrees with the Bellingham City Council and Bellingham Planning
Commission about their urban growth areas. The Council needs to lighten the burden of the
Whatcom County Planning Commission. Leave out that step. It will be a mess. The
purpose of these Comprehensive Plan amendments is to tweak the plan, not make
wholesale changes that undo the work of many people. The Council is trying to do too
many things through the resolution initiating Comprehensive Plan and zoning
amendments for 2006 (AB2006-082).
He asked why the Council would give $40,000 to the Whatcom County Coalition for
Healthy Communities, as requested in the request authorization for the Executive to
enter into a contract between Whatcom County and Whatcom Coalition for Healthy
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Communities to support the development and implementation of the Whatcom
County community health improvement initiatives as delegated to the local health
districts through the Washington State Public Health Improvement Plan, in the
amount of $40,000 (AB2006-137).
Consider very seriously Paul Isaacson's lawsuit regarding the ordinance imposing
an interim moratorium on the acceptance of short plat applications for
subdivisions in the rural zones within Agricultural Protection Overlay areas, Rural
Forestry zones, Suburban Enclaves, and Transportation Corridors (AB2006-110).
Many in this county feel the same way.
Comprehensive Plan amendment docket item 2006-R in the resolution initiating
Comprehensive Plan and zoning amendments for 2006 (AB2006-082) should be an
easy decision. The County is short in its designated supply of gravel.
Mauri Ingram, Trillium Corporation, stated she is in favor of Comprehensive Plan
amendment docket item 2006-S in the resolution initiating Comprehensive Plan and
zoning amendments for 2006 (AB2006-082). Docket this item. Many proposals are
being put forward. It's important that the county be considered as a whole. This significant
amount of property should be considered for community discussion. This approval merely
opens the discussion about the future land use of the property.
PUBLIC HEARINGS
1. RESOLUTION TO SELL TAX TITLE PROPERTY BY PUBLIC AUCTION, REQ.
#TR2006-03 (AB2006-122A)
Barbara Cory, Treasurer, gave a staff report and stated the Property Management
Committee voted 4-3 to recommend selling this property. The applicant wants to add this
parcel to his property, which will allow him to divide his property so his son can build a
home there.
(Clerk's Note: End of tape one, side A.)
Cory continued to state that the committee could not find a public purpose for this
parcel. The committee decided it is up to the Council to decide.
Caskey-Schreiber opened the public hearing and, hearing no one, closed the public
hearing.
Cory stated the County can only sell the parcel by negotiation under certain
conditions set by State statute. This parcel does not meet any of those conditions to sell by
negotiation, so it must be sold by public auction.
Crawford asked the reason for the 4-3 vote of the Property Management Committee.
Cory stated the argument was about the moratorium and dividing property. The applicant
was very upfront and honest about what he wants to do.
Crawford stated the moratorium does not affect this parcel.
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Crawford moved to approve the resolution.
Motion carried unanimously.
2. RESOLUTION TO SELL TAX TITLE PROPERTY BY NEGOTIATION, REQ.
#TR2006-04 (AB2006-123A)
Barbara Cory, Treasurer, gave a staff report and stated the Property Management
Committee recommendation is to sell by negotiation to the Lummi Nation for salmon habitat
restoration.
Caskey-Schreiber opened the public hearing and, hearing no one, closed the public
hearing.
Nelson moved to approve the resolution.
Brenner asked why this parcel would be negotiated. Cory stated the sale is to
another governmental agency.
Brenner asked if it is sold at market value. Cory stated the Council can set the
minimum price. This sale is authorized by State statute.
Caskey-Schreiber stated the Tribe is very excited about this property. The Tribe will
put the property into conservancy for salmon habitat. It will pay all the money owed on the
property.
Motion carried unanimously.
3. RESOLUTION TO SELL TAX TITLE PROPERTY BY PUBLIC AUCTION, REQ.
#TR2006-05 (AB2006-124A)
Barbara Cory, Treasurer, gave a staff report and stated this is a one -week timeshare
at Birch Bay.
Caskey-Schreiber opened the public hearing and, hearing no one, closed the public
hearing.
Brenner moved to approve the resolution.
McShane asked how it's taxed. Cory stated each week of a timeshare property is
taxed separately.
McShane asked how that is managed. Cory stated they are often in the foreclosure
sales. They can be exchanged for other timeshares throughout the world.
McShane asked the amount of tax dollars. Cory stated the amount owing is
$980.89. The annual property tax is much less. The amount owing includes handling costs
and interest.
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Motion carried unanimously,
4. RESOLUTION TO SELL TAX TITLE PROPERTY BY PUBLIC AUCTION, REQ.
#TR2006-06 (AB2006-125A)
See the above item for the staff report.
Caskey-Schreiber opened the public hearing and, hearing no one, closed the public
hearing.
Nelson moved to approve the resolution.
Motion carried unanimously.
5. RESOLUTION TO SELL TAX TITLE PROPERTY BY PUBLIC AUCTION, REQ.
#TR2006-07 (AB2006-126A)
Barbara Cory, Treasurer, gave a staff report and stated this is a regular request for a
parcel on the tax title list. The committee recommends that the parcel be sold.
Caskey-Schreiber opened the public hearing and, hearing no one, closed the public
hearing.
Brenner moved to approve the resolution.
Nelson asked about the road right-of-way, and if the Public Works Department is
aware of the sale. Cory stated the Public Works Department is a committee member. The
department is aware of the sale.
Motion carried unanimously.
6. RESOLUTION TO SELL TAX TITLE PROPERTY BY NEGOTIATION, REQ.
#TR2006-08 (AB2006-127A)
Barbara Cory, Treasurer, gave a staff report and stated the legal description of this
parcel, which the County received in the early 1900's and is only 16 inches wide, is now
encompassed within the legal description of another parcel. The request is a negotiated
sale with the person who has this property currently.
Caskey-Schreiber opened the public hearing and, hearing no one, closed the public
hearing.
Weimer moved to approve the resolution.
Motion carried unanimously,
7. CONSIDERATION OF OPEN SPACE/OPEN SPACE APPLICATION FILED BY
LOIS VAN WINKLE (AB2006-130A)
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County Council.
Elizabeth Olsen, Planner II, gave a staff report and stated there is a large area of
conservation land. She recommended approval, but the public access rules were strict. The
Planning Commission recommended denial and sent it to the County Council.
Brenner stated the Council recommended approval once the access rules were
negotiated.
McShane stated the parking issue was resolved. The Planning Committee
recommended approval to the full Council. However, because the Planning Commission
recommended that it be denied, the Council was required to have a public hearing.
Caskey-Schreiber opened the public hearing and, hearing no one, closed the public
hearing.
Brenner moved to approve the application.
Crawford stated he would like the Council's action to involve reassessing the points
given to the application. He questions the real public benefit. He will vote against the
motion. The point system is a very subjective evaluation and points are subject to
adjustment. In this case, adjust the points to resolve the record of why they would deny
this parcel.
Fleetwood stated the committee asked if this project would still meet the public
benefit threshold if it didn't include parking or access. The answer was that the property
still met the public benefit threshold by a lot. Olsen stated even if the points are up to 100,
the application would still get the full range of benefits.
Crawford stated the values are subjective. The method of arriving at the points is
not objective. Adjust the point system to maintain its integrity. In his opinion, the
applicant is looking for a tax break and has little intention of providing some benefit.
Caskey-Schreiber stated the benefit is its conservation near California Creek.
McShane stated he had concern about public access, but it was resolved. He
understands questioning of the scoring method, but won't hold it against this application.
Nelson stated the Council has allowed open space/open space designations without
public access in the past. Olsen stated it has, generally when there is a high priority species
on the land. There is not in this case.
Brenner stated she recalled that the owner was not interested in providing public
access and wanted ten days' notice for use. She can understand why the Planning
Commission objected. That's taken care of now. People do stop there for the scenic view.
Olsen stated people stop on the road to access the area, which the State Department of
Transportation doesn't like.
Nelson asked how the permit process works. Olsen stated people seeking permits go
to the property owner.
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Brenner stated she thought regular access was taken care of because a permit
process was too burdensome.
Brenner moved to hold in Planning and Development Committee. She would like to
make sure there is complete public access to the property.
Motion carried 5-2 with Fleetwood and Crawford oppose.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one and three through eleven.
Nelson withdrew item eleven.
Motion to approve Consent Agenda items one and three through ten carried
unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A LEASE
AGREEMENT BETWEEN WHATCOM COUNTY AND CASCADE BUSINESS PARK
FOR OFFICE SPACE UTILIZED AS THE WHATCOM COUNTY SHERIFF'S OFFICE
NEIGHBORHOOD PATROL OFFICE LOCATED AT 5373 GUIDE MERIDIAN FOR
A PERIOD OF THREE YEARS, IN THE AMOUNT OF $775/MONTH FOR 2006,
$798.25/MONTH FOR 2007, AND $822.20 PER MONTH FOR 2008 (AB2006-
136)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM COALITION FOR
HEALTHY COMMUNITIES TO SUPPORT THE DEVELOPMENT AND
IMPLEMENTATION OF THE WHATCOM COUNTY COMMUNITY HEALTH
IMPROVEMENT INITIATIVES AS DELEGATED TO THE LOCAL HEALTH
DISTRICTS THROUGH THE WASHINGTON STATE PUBLIC HEALTH
IMPROVEMENT PLAN, IN THE AMOUNT OF $40,000 (AB2006-137)
Crawford reported for the Finance and Administrative Services Committee. The
committee removed item four. He moved to approve the request as amended, without
item four.
McShane moved to amend the motion to approve the request as presented, with
item four.
Regina Delahunt, Health Department Director, stated item four is a leadership
training class. It provides individuals with leadership skills. The individuals choose projects
to work on through the year and collaborate with the community.
Brenner asked about the Leadership Whatcom program.
Sue Anderson, Whatcom Coalition Executive Director, stated the program is in its
first year. Many stakeholder meetings over the years have talked about having a leadership
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program. Stakeholders from many areas of the community developed the program. The
Coalition structured the content of the sessions around the Healthy Community topic areas.
Brenner asked the obligation of the course participants. Anderson stated there is no
obligation. The participants pay tuition for the program. The program generates revenue.
The contract supports a very tiny portion of the program. The County money may only go
to support the Healthy Community indicator work.
Brenner asked who gets the tuition. Anderson stated the tuition goes toward the
cost of the program.
Brenner asked if all the money the County spends on the program comes back to the
County. Anderson stated the money goes to the Coalition. The contract amount only
supports a bit of the administration for the program.
Delahunt stated the program generates about $60,000 in tuition, but it doesn't pay
for the program.
Brenner asked why the County would support it. Delahunt stated the County is only
incurring some of Ms. Anderson's time to coordinate the program.
Anderson stated the participants are engaged in Healthy Community issues.
However, the leadership training program does not need to be in the scope of the contract.
The money can be focused on the community health indicator work.
Nelson stated he appreciates the offer to remove the program from the scope of
work. It is easier for him to approve the request. County money should go toward the
specific projects that put services into the community. It would be hard to evaluate the
outcomes of this program. It's important to evaluate outcomes of programs that the
County supports. He hopes he'll hear about those outcomes during the budget process.
Crawford stated he is against the motion to amend. The Health Department is
required to perform community health assessments to identify county health problems and
threats. The Leadership Whatcom Program is so far outside the purpose of these dollars.
He doesn't have a problem using the money in the scope of performing community health
assessments and identifying threats. The purpose of the money is to help sick people, but
not through a leadership identification program.
McShane stated health issues are complicated. Providing assistance and skill sets to
those leaders is important. He would like to do this with many County advisory committees.
The County would get better products. Not everyone is well -versed in monitoring and
measuring success. These leaders will measure the success and how they succeed in
addressing these community issues. The Whatcom Coalition of Healthy Communities
identified this as a need to help them with their work. He won't second guess their scope.
Brenner stated the program only includes 20 participants per year. There is no
requirement for the participants to do any volunteering. She likes the concept of training
people on these issues.
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Caskey-Schreiber stated the participants have to do a community project. Anderson
stated the people who apply for the program are already existing or emerging leaders.
They are looking to improve their skills.
Brenner asked if potential participants are refused participation. Anderson stated
participation is competitive. The program handles only 20 people in the class.
Caskey-Schreiber stated the program provides skills to people who have already
stepped up and who might need more tools to help facilitate health in the community.
There are many types of health, including economic health. The community must
participate in decision -making. This program will help the community get things going. It
will only help the health of Whatcom County.
Anderson stated leadership programs happen all over the country and State. It is
not unusual.
Brenner stated she would support the motion, but she has a problem with some
people getting picked and others not getting picked. She can understand first come, first
served until the class is full. Some people shouldn't have to prove they have years of
experience.
Caskey-Schreiber stated the program will get to that point, but it is in its first year.
Anderson stated there is a wide range of ages and sectors included in the program.
Nelson stated he appreciates the course, but the dollars should be spent on
healthcare. Dollars are scarce. Leaders already step forward, get educated themselves and
provide help in the community.
Caskey-Schreiber stated this program can be removed from the scope of work.
Motion to amend carried 5-2 with Nelson and Crawford opposed.
Motion to approve as presented in the Council packet carried unanimously.
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND LYDIA PLACE PROVIDING
FUNDING FROM COUNTY 2060 OPERATIONS FUNDS FOR AVAILABILITY OF
18 TRANSITIONAL HOUSING BEDS FOR WOMEN WITH CHILDREN AT LYDIA
PLACE, IN THE AMOUNT OF $20,000 (AB2006-138)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST YOUTH
SERVICES PROVIDING FUNDING FROM COUNTY 2060 OPERATIONS FUNDS
FOR A 4-BED LICENSED FOSTER HOME, IN THE AMOUNT OF $25,000
(AB2006-139)
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SUN COMMUNITY SERVICES
PROVIDING FUNDING FROM COUNTY 2060 OPERATIONS FUNDS FOR 4
EMERGENCY SHELTER BEDS, IN THE AMOUNT OF $52,500 (AB2006-140)
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6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WILSON ENGINEERING, LLC
TO CONDUCT A HYDROGRAPHIC SURVEY ON THE LOWER NOOKSACK RIVER,
IN THE AMOUNT OF $246,125 (AB2006-141)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND EXIGENT COMPUTER GROUP,
INC. (WITH SOLE SOURCE DESIGNATION) FOR THE SOFTWARE
TECHNOLOGY TO AUGMENT THE AUDITOR'S OFFICE RECORDING SYSTEM TO
PERFORM INITIAL AUTOMATIC REDACTION AND AUTOMATIC INDEXING OF
THE DOCUMENTS RECORDED IN THE AUDITOR'S OFFICE, IN THE AMOUNT
OF $134,072 FOR SOFTWARE AND ESTIMATED SUPPORT (AB2006-142)
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO CONTRACT
ADDENDUM 4 BETWEEN WHATCOM COUNTY AND RICH ULLSMITH, DDS,
INCREASING HOURS AT THE COUNTY JAIL FOR DENTAL SERVICES FROM 24
DAYS PER YEAR TO 42 DAYS PER YEAR, IN THE AMOUNT OF $15,320, FOR A
TOTAL AMENDED CONTRACT AMOUNT OF $34,320 (AB2006-143)
9. RESOLUTION IN SUPPORT OF WHATCOM COUNTY RAPID BORDER
PROSECUTION INITIATIVE (AB2006-149)
10. RESOLUTION IN SUPPORT OF WHATCOM COUNTY MULTI -JURISDICTIONAL
DATA INTEGRATION PROJECT (AB2006-148)
11. RESOLUTION IN SUPPORT OF PROTECTING LAKE WHATCOM (AB2006-147)
Crawford moved to approve the resolution.
McShane stated there is an attachment to be sent to provide background
information of the actions the County has taken, so the legislators realize that the County
has taken many significant actions to protect the water quality in Lake Whatcom. He
moved to amend the resolution to attach his information.
Motion to amend carried unanimously.
Crawford stated some councilmembers went to Washington D.C. recently. There
were three narrowly focused issues that will be of great benefit to Whatcom County in terms
of gaining the support and assistance of federal legislators, including dollars. Executive
Kremen and Administrator Desler deserve their appreciation. A caveat from Representative
Larson and Senators Murray and Cantwell was that the Council pass three resolutions,
including these last three Consent Agenda items. These items will be sent to Washington
D.C.
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(Clerk's Note: End of tape one, side B.)
Motion to approve as amended carried unanimously.
OTHER ITEMS
1. ORDINANCE ADOPTING A SHORT TERM PLANNING AREA ZONING OVERLAY
DESIGNATION IN THE FERNDALE UGA NORTH OF THORNTON ROAD
(AB2006-129)
Fleetwood reported for the Planning and Development Committee and moved to
adopt the ordinance as presented. The ordinance includes a condition that it be developed
at a minimum density of six dwelling units per net developable acre.
Crawford asked the applicant's response to the condition.
Fleetwood stated there was some objection from the Planning staff, City of Ferndale,
and some citizens that the County would impose its preferred density. They didn't think
that density is required by the Growth Management Act, and the County is imposing that
density without authority. The applicant did not take a position on the density condition.
Crawford asked if the density requirement is a minimum or maximum density.
Fleetwood stated the density is a minimum.
McShane stated an interlocal agreement signed in 1999 between the County and City
supports the density mentioned above. The City may have a difference of opinion now. The
City accurately pointed out that the existing short-term planning area is significantly
encumbered by wetlands in the southern portion. It will probably never have that density.
This proposal is actually a compromise. This is the minimum for this particular short-term
planning area as it is added. The applicant has to work with the City of Ferndale. The
applicant's proposal will go for that density anyway because it makes financial sense. The
applicant is obligated to a local improvement district. More hookups is to their advantage.
However, the applicant chose not to take a position on density because they have to work
with the City.
Brenner stated she is against the amendment. The City of Ferndale was never privy
to the decision about the density of six to eight units per acre. The City does not support
that density. Other small cities have minimum densities of four units per acre. The City
doesn't agree with a net density. It prefers calculation on gross density. The applicant
doesn't have a problem meeting that density threshold. This will set a precedent. When
the County approved the interlocal agreement, it didn't hear from the City. Everyone
assumed it was okay with the City. The County must be more accommodating to what the
City wants in its urban growth area, especially if that's how the other small cities are
treated. The County isn't treating everyone equitably.
Crawford stated Councilmember Brenner and Councilmember McShane are both
right. Those density levels were adopted two or three years ago, not in 1999. This
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agreement just says that the County will go along. Some cities objected to the density the
County established. It appears there are some practical patterns of development that need
to occur. He always attempts to defer to the judgment of the small cities. He moved to
change the density minimum to three dwelling units per acre.
Nelson asked if the committee discussed whether or not services were available.
Brenner stated it did.
Nelson asked how this reconciles with other discussions the County has had with
cities. In the past, there was a concern about allowing too much density in urban growth
areas. It would create future problems with annexation, resulting in development patterns
that don't work for the community. One proposed Comprehensive Plan amendment is to
lower densities in the urban growth areas below the densities in the cities. The question is
whether the County should increase or reduce densities in the urban growth areas.
Caskey-Schreiber stated this proposal will match density in an existing development
in the same location. The City plans to annex that existing development. Mayor Landcastle
didn't speak to the issue of annexation being a problem for services. The small cities object
to the County mandating their densities. The Mayor didn't speak against anything regarding
this density. The issue is more of the County's role in dictating density. She will support
the current density. This is the only way to fight sprawl. She would like the City to use
higher densities in some locations to make room for green spaces.
Fleetwood stated the attorney for the applicant stated the applicant plans to build at
a density of six units per acre.
Crawford stated the applicant's density plans hadn't been clear to him before. He
withdrew his motion to amend the ordinance.
Brenner moved to eliminate Exhibit B. The applicant has already agreed to a
density of six units per acre. The issue is the County encouraging versus requiring
minimum density. The County needs to revisit the density requirement with the City of
Ferndale. The condition is not an encouragement.
McShane stated the findings of the ordinance discuss nearby development levels.
The lot size at Pacific Highlands is 6,036 square feet, which is smaller and more dense than
the condition in Exhibit B, which is 7,000 square feet. The condition is consistent with
existing nearby development. Another nearby development within the city limits is even
denser.
Nelson asked if there was discussion on urban growth area densities, in terms of
adjoining areas and how developments would look when annexed.
McShane stated it's part of the interlocal agreement, which includes minimum urban
densities.
Jerry Landcastle, Mayor of Ferndale, stated the City creates developer agreements
with the developers once a property is in the short-term planning area and the proposal
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comes forward. Now, this issue is to change the property from a long-term to short-term
planning area, so the property can be considered for annexation.
The density issue for the City is that no one in the current City administration was
with the City at the time the interlocal agreement was signed. He doesn't know there was
an agreement in 1999 to accept a density of six units per acre. The density at that time
was three to four units per acre in the rural, one unit per five acre (R5A) areas. This
particular piece of property was involved in an agreement to participate in improvements for
water service. The discussion about that issue went on for years, and has been solved. The
City is not interested in a six unit density requirement. It was a requirement that came
later on. It was considered a recommendation, not a requirement. It was not something
the County Council would dictate. Lately, that has changed to a requirement. The City of
Ferndale does not want that.
Brenner stated the City, the proponent, and the committee all agree that this item
should be approved. They just disagree on Exhibit B. The Council can approve the request
without Exhibit B. The applicant already said they will develop at a density of six units per
acre.
Brenner stated the density is in the Comprehensive Plan. The requirement follows
the Comprehensive Plan.
McShane stated he is against the motion to amend. Whether or not the City agrees,
there is a signed interlocal agreement, even though the current City administrators were not
around during that agreement. The density level is in the Comprehensive Plan. This land is
in the County's jurisdiction. It is not in Ferndale. The argument of authority could be
reversed, and the question would become whether the County should be dictated to about
taking all the growth to deal with affordable housing, when the County believes affordable
housing should be targeted for the cities. This amendment sets the precedent for the
Council to ignore its own growth policies. The policy was set to reduce the tax burden to
the County. Sprawling development is less likely to become a part of the cities. If the
County ignores its interlocal agreement, the City may ignore annexing these areas. Create
affordable housing, which is a part of building lots of homes in the cities where jobs are
available. The City has agreed to this policy. Some day, there could be a different
interlocal agreement.
Brenner stated the ordinance doesn't change anything in the Comprehensive Plan.
The County needs to renegotiate the agreement because it offers less density to other
cities. Removing Exhibit B will not violate the Comprehensive Plan. It shows good faith
toward the City. They've been talking a long time about whether or not they should dump
density in urban growth areas. She doesn't support dumping density in urban growth
areas. She supports overall densities being high in the cities and low in the county. Also,
they are still talking about averages.
Nelson asked if the area is vacant now.
McShane stated it mostly is.
Nelson stated many areas are already incorporated in the urban growth areas that
aren't designed to accept that density level. The County has to work with cities to achieve
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those densities. He doesn't have a problem with this area having this density.
Unfortunately, encouraging someone doesn't have any force of law. The County must set
criteria and work with the cities to achieve those criteria. In this instance, they are
complying with the Comprehensive Plan. The applicants are already working on this
density. A concern is that some other areas near the city may not be able to annex because
they can't support a density of six units per acre.
Crawford asked if this ordinance amends the interlocal agreement for all short-term
urban growth areas around Ferndale or just this one area.
McShane stated this ordinance applies to just this area in changing the area from a
long-term to short-term planning area.
Crawford stated he is against the amendment because this ordinance applies only to
a parcel in which the developer intends to develop at that density anyway. He is
sympathetic to the Mayor's concern. It is something worth addressing as new
Comprehensive Plan amendments are development.
Nelson stated the language in the Exhibit should match the language in the
Comprehensive Plan.
Brenner stated the Comprehensive Plan says the County will 'encourage."
Doug Robertson, attorney for the applicant, read Goal 2P from the Comprehensive
Plan. The language says the County will encourage densities at net residential acre. This
goal is the only reference in the Comprehensive Plan to net residential acres.
Nelson moved to amend the amendment, to include Exhibit B and amend Exhibit B,
"The City of Ferndale will FequiFe the subjeet pFepeFties te be develepeI4 is encouraged to
develop at a minimum...."
Brenner accepted the motion as a friendly amendment to her motion.
Caskey-Schreiber stated the Council must get serious about mandating higher
densities in areas that will be converted for growth, or they will facilitate more land
consumption and sprawl. The rationale to include this area is the rapid increase of housing
prices in Ferndale, which establishes a need for additional developable land. This could go
on forever if the County doesn't mandate a higher density. Councilmember Brenner is
fanatic about the City of Ferndale not growing eastward, yet is fighting higher densities in
the other direction. The question is where to put people who are coming to the area. Use
the land they have now in urban growth areas.
Brenner stated not wanting this doesn't mean the opposite is true to punish anyone.
The County has treated the cities differently. She doesn't believe they will have to keep
expanding. She doesn't believe they have to decide to develop forever up or forever out.
They have turned cities and counties into enemies. Some of these places can grow to a
certain level and don't have to grow any more if no more land is available. If State law is
turning counties and cities against each other, there is something wrong with State law.
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Crawford stated he now supports this amendment because he is concerned about the
average lot size. Now, this follows the Comprehensive Plan regulation that the City signed
in the interlocal agreement.
Nelson stated that if Councilmember Caskey-Schreiber doesn't believe they are
meeting densities, she should vote to remove this from the Comprehensive Plan
amendment docket.
McShane stated that not requiring this condition is a formula for sprawl. The
Council's obligation is to the areas outside of the cities. When infrastructure and services
are in place, density that low doesn't make sense. If the City doesn't want to pursue that
kind of zoning, it shouldn't be growing in that area. If the City doesn't want urban zoning
outside it's city limits, it shouldn't annex non -urban areas. That's why they have suburban
enclaves, for which the County must provide services.
Brenner stated the applicant is already going to develop at six units per acre. The
County shouldn't require it.
Caskey-Schreiber stated it's still the County's jurisdiction.
Nelson stated that if density is the issue, then work with the City and with the
applicant to increase densities. If this land is not wet and is developable, then increase the
density even more. If the Council is serious, then this is an opportunity to start creating
communities within urban areas.
McShane stated this is an appropriate compromise at this point in time. It probably
doesn't meet what the short-term planning area is. There are some short-term planning
areas around Ferndale that won't develop. Let the land speak for itself. Identify the areas
where urban growth should occur. The growth should be at urban levels.
Motion to amend failed 3-4 with Crawford, Nelson, and Brenner in favor.
Fleetwood moved to adopt the ordinance.
Tom Black, City of Ferndale Planning Director, stated this decision seems to be based
on the interlocal agreement the City signed in 1999. When the interlocal agreement was
signed in 1999, the only goals and policies in the Comprehensive Plan at that time was a
goal to establish interlocal agreements with each city, which sets out general guidelines to
address revenue sharing, the provision of services, management of growth, annexation,
delivery of services, protection of critical areas, and designation of open space urban growth
areas. The only policy that dealt with density in Ferndale at that time was policy 2V-2,
which said to support the City of Ferndale's planning efforts for infill development within the
existing city limits, and development of it's urban growth area, which will result in average
densities of over three units per residential zoned acre. That was what the 1999 interlocal
agreement agreed to. The City was to establish densities at over three units per acre.
The six to eight units per acres that was established for Ferndale in the newest
version of the Comprehensive Plan was discussed by the Growth Management Oversight
Committee for about a year and a half. He participated in those meetings. He sat with the
directors of the other small cities. The small cities agreed to let this proposal go forward as
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written because it was specifically written to encourage, not require, the cities to grow at
that density. If that density were required at the time, every planning director in the county
would have objected to that sort of imposition. The City of Ferndale did not object to the
numbers because they considered it in the context of establishing their own zoning in these
areas. When they look at the City's zoning categories in these areas, they result in a net
density, which removes about 25 to 30 percent of the land, of six, 7.3, and 9.5 units per net
acre. He can't guarantee that any development will develop at that density. They talked at
the time about whether the zones comply with the density of six to eight units per net acre.
Motion carried 6-1 with Nelson opposed.
2. RESOLUTION FOR REVIEW OF THE RURAL ZONES, AGRICULTURAL ZONES,
APO AREAS, AND RURAL FORESTRY ZONES (AB2006-133)
Fleetwood reported for the Planning and Development Committee and stated Kraig
Olason gave the committee a work plan outline. He encouraged other councilmembers to
get a copy. This item was held in committee for two weeks.
3. REQUEST CONFIRMATION OF THE EXECUTIVE'S REAPPOINTMENT OF DAVID
DAVIDSON TO THE WHATCOM COUNTY PUBLIC HEALTH ADVISORY BOARD
(AB2006-144)
Nelson moved to confirm the appointment.
Motion carried unanimously.
4. RESOLUTION INITIATING COMPREHENSIVE PLAN AND ZONING
AMENDMENTS FOR 2006 (AB2006-082)
(Clerk's Note: End of tape two, side A.)
McShane reported for the Natural Resources Committee and moved to docket items
B, J, L, M, N, 0, P, Q, a nd R.
2006-B
Motion to docket carried unanimously.
2006-C
2006-J
2006-L
Motion to docket failed 2-5 with Nelson and Crawford in favor.
Motion to docket carried unanimously.
Motion carried 6-1 with Crawford opposed.
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2006-M
Motion carried 4-3 with Crawford, Nelson, and Brenner opposed.
2006-0 and 2006-P
Motion carried 5-2 with Nelson and Crawford opposed.
2006-0
Motion carried 5-2 with Crawford and Nelson opposed.
2006-R
Motion to docket carried unanimously.
2006-S
Fleetwood stated he is divided on this item. It warrants being in a long-term study
area. The future will ensure that this will be studied at some point. He is interested in
securing permanent public ownership on Galbraith Mountain is some areas for trails and
scenic viewpoints. Currently, the land is private. Many people believe it is a fantastic
mountain biking and hiking mecca. Because public use of the land can be revoked, he is
interested in trying to secure public dedications.
His support at this time was based on a belief that the City of Bellingham did not
regard it as a distraction to their present planning efforts. However, he spoke today to
some planning officials who said it would be a distraction this year. They hoped the County
would consider it at a later time or put it in the seven-year review process. Knowing how
busy the City and County are right now, he will vote against docketing the item.
McShane stated he is very comfortable bringing this up during the urban growth area
boundary decisions that will come to the Council. He would like to know why the City is
choosing to grow the direction it is.
This is not in the Bellingham subarea plan, which is should be. This is an opportunity
to develop win -win relationships in the context of growth gaining something for the
community. That opportunity has not been discussed when discussing the expansion of
urban growth areas. He will be asking the question of how this benefits the community and
why other areas weren't considered.
Nelson stated this is an inappropriate area to look at right now. They may want to
look at this area for outright purchase or preservation. Infrastructure would be very
difficult. There won't be high density development in this area.
Caskey-Schreiber stated it is premature to consider this area right now. She hopes
the County has a strong concurrency ordinance by the end of the year, as well as a
mitigation program for loss of farmlands and rural forestry lands. This land is all rural
forestry land. This change would be huge hit to their natural resource base for rural
forestry. Have a good strategy so the public can get a lot for what it is giving up.
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McShane stated the applicant indicated it would be acceptable to remove the zoning
request and just include it in the study area. Look at this area in the future.
2006-T
Motion to docket failed 1-6 with McShane in favor.
Motion failed 1-6 with Nelson in favor.
2006-G
Caskey-Schreiber stated the Public Works and Safety Committee recommendation is
to docket.
Motion to docket carried unanimously.
2006-H
Caskey-Schreiber stated the Public Works and Safety Committee recommendation is
to docket.
Motion to docket carried unanimously.
2006-DD
Brenner stated the Public Works Committee recommends docketing with an
amendment.
Troy Holbrook, Assistant Director, stated the language was amended, "Establish
levels of service for governmental services, and adopt policies to implement a concurrency
program."
Crawford stated he would support this reluctantly. Executive Kremen and his staff
support this as part of the concurrency ordinance and acknowledge that this is the method
by which the concurrency ordinance is formally docketed within the Planning Department's
policies.
Motion to docket as amended carried 6-1 with McShane opposed.
2006-A
Caskey-Schreiber stated the Planning and Development Committee recommends
docketing.
2006-E
Motion carried unanimously.
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Caskey-Schreiber stated the Planning and Development Committee recommends
docketing.
Motion carried unanimously.
2006-F
Caskey-Schreiber stated the Planning and Development Committee recommends not
docketing.
Motion to docket failed unanimously.
2006-I
Caskey-Schreiber stated the Planning and Development Committee recommends
docketing.
Motion carried 6-1 with Crawford opposed.
2006-U
Caskey-Schreiber stated the Planning and Development Committee recommends not
docketing.
Motion to docket failed 1-6 with Fleetwood in favor.
2006-V
Caskey-Schreiber stated the Planning and Development Committee recommends not
docketing.
Motion to docket failed 2-5 with Fleetwood and Weimer in favor.
2006-W
Caskey-Schreiber stated the Planning and Development Committee recommends not
docketing.
Motion to docket failed 2-5 with Fleetwood and Weimer in favor.
2006-X
Caskey-Schreiber stated the Planning and Development Committee recommends not
docketing.
Motion to docket failed unanimously.
2006-AA
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Caskey-Schreiber stated the Planning and Development Committee recommends
docketing.
Brenner stated the committee recommends an amendment, "regarding adequate
buffers around cities." According to staff, the Growth Management Act requires buffers
where possible.
Crawford asked if that is currently in the Comprehensive Plan and why the Council
would docket it.
Brenner stated it sounded good.
Motion to docket as amended, with adequate buffers, failed 1-6 with
Fleetwood in favor.
2006-BB
Caskey-Schreiber stated the Planning and Development Committee recommends not
docketing.
Nelson asked if the best process for this would be through the subarea plans.
Caskey-Schreiber stated it would be.
Motion to docket failed unanimously.
Caskey-Schreiber moved to forward the approved docket items.
Motion carried 6-1 with Crawford opposed.
INTRODUCTION ITEMS
Nelson moved to accept the Introduction Items.
Motion carried unanimously.
1. ORDINANCE GRANTING PUGET SOUND ENERGY, INC., A WASHINGTON
CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE
FRANCHISE AND THE RIGHT, PRIVILEGE, AND AUTHORITY THEREUNDER TO
CONSTRUCT, ALTER, IMPROVE, RENEW, REPLACE, REPAIR, OPERATE, AND
MAINTAIN WATER AND WASTEWATER LINES UPON, UNDER, ACROSS, AND
ALONG CERTAIN ROADS AND RIGHTS -OF -WAY IN WHATCOM COUNTY,
WASHINGTON (AB2006-146) (HEARING TO BE SCHEDULED)
2. ORDINANCE AMENDING THE 2006 WHATCOM COUNTY BUDGET, FIFTH
REQUEST, IN THE AMOUNT OF $1,184,371 (AB2006-145)
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OTHER BUSINESS AND COUNCILMEMBER REPORTS
Weimer stated he is going to Washington D.C. to testify before Congress on pipeline
safety. This community is still a leader on this issue.
Nelson stated they just got back from Washington D.C. He participated with
Congressional leaders on healthcare access.
Brenner stated she attended the Birch Bay Steering Committee meeting. Their
biggest concern is transportation concurrency. She would like an interim transportation
concurrency ordinance for Birch Bay.
She is starting her master composter recycling sessions this week.
Caskey-Schreiber thanked Fire Marshal Warner Webb for grant funds he obtained.
ADJOURN
The meeting adjourned at 9:48 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on
ATTEST:
Dana Brown -Davis, Council Clerk
2006.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Laurie Caskey-Schreiber, Council Chair
Whatcom County Council, 3/14/2006, Page 23
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WHATCOM COUNTY COUNCIL
Committee Of The Whole
March 28, 2006
Council Chair Laurie Caskey-Schreiber called the meeting to order at 4:30 p.m. in
the Council Committee Room, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Barbara Brenner None
Dan McShane
Sam Crawford
Seth Fleetwood
Carl Weimer
L. Ward Nelson
Crawford moved to go into executive session to discuss the four agenda
items.
Motion carried 4-0 with Nelson, McShane, and Weimer out of the
rf ro'na
1. DISCUSSION REGARDING PENDING LITIGATION — OSTROM (AB2006-018)
2. DISCUSSION OF POTENTIAL EASEMENT ACQUISITION (AB2006-018)
3. DISCUSSION REGARDING PENDING LITIGATION (AB2006-018)
4. CONSIDERATION OF AN APPEAL OF THE HEARING EXAMINER'S DECISION
ON FILE NO. APL04-0003, FILED BY THOMAS FRYER, ATTORNEY FOR THE
CITY OF NOOKSACK, REGARDING EXPANSION OF GRAVEL MINING
OPERATION AT NOOKSACK PIT (AB2006-062)
OTHER BUSINESS
ADJOURN
The meeting adjourned at 5:14 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on , 2006.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Committee of the Whole, 3/28/2006, Page 1
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Dana Brown -Davis, Council Clerk Laurie Caskey-Schreiber, Council Chair
Committee of the Whole, 3/28/2006, Page 2
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WHATCOM COUNTY COUNCIL
Regular County Council
March 28, 2006
Council Chair Laurie Caskey-Schreiber called the meeting to order at 7:00 p.m. in
the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present:
Barbara Brenner
Dan McShane
Sam Crawford
Seth Fleetwood
Carl Weimer
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Absent:
None
Caskey-Schreiber announced that there was discussion regarding pending
litigation — Ostrom (AB2006-018) in executive session during the Committee of the
Whole meeting.
Caskey-Schreiber announced that there was discussion of potential easement
acquisition (AB2006-018) in executive session during the Committee of the Whole
meeting.
Fleetwood moved to go forward with the discussed price for the property in the
Bertrand Creek levee setback project.
Motion carried unanimously.
Caskey-Schreiber announced that there was discussion regarding pending
litigation (AB2006-018) in executive session during the Committee of the Whole
meeting.
Caskey-Schreiber announced that there was consideration of an appeal of the
Hearing Examiner's decision on File No. APL04-0003, filed by Thomas Fryer,
Attorney for the City of Nooksack, regarding expansion of gravel mining operation
at Nooksack Pit (AB2006-062) in executive session during the Committee of the Whole
meeting.
Crawford moved to uphold the Hearing Examiner's decision.
Motion carried unanimously.
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
MINUTES CONSENT
Brenner moved to approve the Minutes Consent items.
Motion carried unanimously.
1. REGULAR COUNTY COUNCIL FOR FEBRUARY 28, 2006
OPEN SESSION
The following people spoke:
Cherie Jubilo, Bellingham, stated she would speak on the behavior she witnessed at
the previous Council meeting regarding the Minutemen. The speaker, Rosalinda Guillen,
was cut off when trying to respond to a comment by Councilmember Brenner. When folks
comment to the Council during the public comment portion of the meeting, they hope the
Council will listen and not argue. The Council must ensure that everyone is treated
respectfully. It's hard to get up and talk. Disrespect discourages people from participating.
Listen with an open mind to the folks about the Minutemen. Their plan to escalate and
picket job sites intimidates people with color. She submitted a petition (on file).
Brenner stated she apologizes for her comment at the last meeting.
Joseph Heller, Black Mountain Forestry Center Board President, stated he would
speak on the request authorization for the Executive to enter into a lease
agreement between Whatcom County and Black Mountain Forestry Center for a
public educational exhibit area and arboretum at Silver Lake County Park, in the
amount of $1.00 per year (AB2006-157). The center is a partner with the Whatcom
County Parks Department. The mission of the center is to promote awareness and
education about forests, including their history, ecology in the temperate forest zone, and
value as a renewable resource. They have historical equipment on display. There are
educational opportunities. They provide tours of forestland.
Through the educational component, they work with schools and people of all ages.
A new tour begins in April through the Washington State University watershed masters
program. They are beginning a new arboretum. They are developing new partnerships,
including the Boy Scouts and Whatcom Farm Forestry. There is an agreement with Green
River Community College for tours.
He thanked Whatcom County Parks and Recreation Director Mike McFarland for his
help. The Black Mountain Forestry Center is located in the Foothills Subarea. The Council
has put together a citizens group to look at subarea issues. The center will be involved.
Catherine Chambers, 2800 Eldridge Ave, Bellingham, stated she opposes the
Minutemen. An email from the Minutemen to its supporters says the Coalition of
Professional Law Enforcement is an anarchist organization. She asked how the Council can
believe that they have only innocent intentions when they have declared their intentions in
writing to target job sites. She asked how that is not harassment. She asked how the
Council will speak up for the citizens of Whatcom County.
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County Council.
Richard Gantman, Mount Baker School District Superintendent, stated the Black
Mountain Forestry Center has had a successful relationship with Mt. Baker High School for a
number of years. He read and submitted his testimony (on file) in support of the request
authorization for the Executive to enter into a lease agreement between Whatcom
County and Black Mountain Forestry Center for a public educational exhibit area
and arboretum at Silver Lake County Park, in the amount of $1.00 per year
(AB2006-157).
Rosalinda Guillen, 1800 - 20t" Street, Bellingham, stated she is opposed to the
Minutemen. They have announced their plans for Washington State. She has heard rumors
that the local group said it won't engage in work place monitoring, even though the national
group said it will do workplace monitoring. The website for the local group has a message
from Tom Williams recruiting people from outside the state to come here and help with
workplace monitoring in the cities. He's also recruiting people to send information on other
places that may need to be monitored. This group is moving forward in a well -coordinated
campaign to use immigrants as scapegoats for America's social problems and to look for
those social problems in Whatcom County. They have announced they will do workplace
monitoring in Seattle. People are scoping Latino businesses in Whatcom County.
She has been told to not pay attention to them and leave them alone, because
attention will just get them more media. However, media will cover their efforts no matter
what they say. Saying and doing nothing is a clear message that the people of Whatcom
County are complicit with the actions of Tom Williams and his vigilantes. As this group
grows locally, they cannot stand by. The coalition has decided to protect their civil rights.
They plan to use their first amendment rights to find out how many members of the local
vigilante group are going to participate, where the members are coming from, and where
they are located. The coalition will find an alternative to Tom Williams and his Minutemen
project in the discussion of border security and immigration reform. They plan to monitor
the Minutemen activities in Whatcom County. They have had this conversation with Sheriff
Elfo, and will implement the project Monday morning.
Dennis Jones, Sudden Valley, stated he has been shot at by both sides. Sudden
Valley tried to sue him and take his house. Sudden Valley is not an urban growth area. He
recommended that it be a parks and recreation district, not an urban growth area. There
are wonderful people out there. Sudden Valley will become some type of agency at some
time. It may take two years.
Dana Quam, Association of Realtors Government Affairs Director, stated she is
opposed to an ordinance and consideration of the Planning Commission's request to
evaluate building permit allocation in the Rural zone (AB2006-171). Vote against it.
The Council and administration need to deal with other important items. It would be a poor
use of government resources.
Peter Roberts, Association of Realtors President, stated they are opposed to an
ordinance and consideration of the Planning Commission's request to evaluate
building permit allocation in the Rural zone (AB2006-171). The Planning Commission
should complete the work it has, before attending to Commissioners' projects. Whatcom
County is not compliant with the Growth Management Act (GMA) because the Planning
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
Commission is behind on the urban growth area. Many growth issues will be addressed
when the Council focuses on concurrency.
Jessica Welker, 1217 N. Garden, Bellingham, stated she is opposed to the
Minutemen project. She fears them every day, especially with their new project to protest
job sites. It creates a lot of danger in the county. Approve a resolution against the
Minutemen project in Whatcom County.
Bob Wiesen, 3314 Douglas Road, Ferndale, stated the Council should take extensive
field trips into the agricultural lands. The Mountainview area used to be all farmed. It is
not any more because it is not economically viable. There are areas in the county that are
zoned incorrectly. They can pick them out. There are other places where five -acre rural
zoning is fine. Be very careful and thorough.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through 12.
Motion to approve Consent Agenda items one through 12 carried
unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #06-03 TO
THE SOLE BIDDER, I.M.A.C. INC., FOR THE FABRICATION AND
INSTALLATION OF BUNKS IN THE JAIL, IN THE AMOUNT OF $28,500
(AB2006-154)
2. REQUEST APPROVAL OF THE PURCHASE OF 40 LAPTOP COMPUTERS AND
RELATED ACCESSORIES FOR USE IN SHERIFF VEHICLES USING A CITY OF
LYNNWOOD BID AND INTERLOCAL AGREEMENT (VENDOR DAYTECH, INC.)
IN THE AMOUNT OF $223,660.94 (FUNDS ALLOCATED FROM A HOMELAND
SECURITY GRANT THROUGH THE DEPARTMENT OF EMERGENCY
MANAGEMENT) (AB2006-155)
3. REQUEST APPROVAL TO USE THE DISCOUNT PRICING OFFERED ON PUBLIC
WORKS BID #06-27 FOR THE PURCHASE AND INSTALLATION OF PANEL
SYSTEMS AND SUPPLEMENTAL FURNITURE FOR THE PUBLIC DEFENDER'S
OFFICE NEW LOCATION UTILIZING NEXT LOWEST RESPONSIVE BIDDER,
TRICO OFFICE INTERIORS (LOW BIDDER WITHDREW THEIR OFFER FOR
THIS PROJECT), IN AN AMOUNT NOT TO EXCEED $150,000 (AB2006-156)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A LEASE
AGREEMENT BETWEEN WHATCOM COUNTY AND BLACK MOUNTAIN
FORESTRY CENTER FOR A PUBLIC EDUCATIONAL EXHIBIT AREA AND
ARBORETUM AT SILVER LAKE COUNTY PARK, IN THE AMOUNT OF $1.00 PER
YEAR (AB2006-157)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WOMENCARE SHELTER AND
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
DOMESTIC VIOLENCE SERVICES PROVIDING FUNDING FROM COUNTY 2060
OPERATIONS FUNDS FOR AN ADDITIONAL 400 HOURS OF CASE
MANAGEMENT TO INCREASE ASSISTANCE TO DOMESTIC VIOLENCE VICTIMS
RESIDING AT THE WOMENCARE SHELTER, IN THE AMOUNT OF $20,000
(AB2006-158)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND DUMAS & ASSOCIATES, INC.
TO PROVIDE FACILITATION AND COORDINATION SERVICES TO THE HEALTH
DEPARTMENT AND THE FIVE WORK GROUPS ENGAGED IN THE PANDEMIC
INFLUENZA PLANNING FROM MARCH THROUGH JULY 2006, IN THE AMOUNT
OF $31,200 (AB2006-159)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
COOPERATION AGREEMENT BETWEEN WHATCOM COUNTY AND THE
DEPARTMENT OF THE ARMY FOR REHABILITATION OF A NON-FEDERAL
FLOOD CONTROL WORK PROJECT FOR BERTRAND CREEK'S LEFT BANK, IN
THE AMOUNT OF $666,000 (AB2006-160)
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
COOPERATION AGREEMENT BETWEEN WHATCOM COUNTY AND THE
DEPARTMENT OF THE ARMY FOR REHABILITATION OF A NON-FEDERAL
FLOOD CONTROL WORK PROJECT FOR BERTRAND CREEK'S RIGHT BANK, IN
THE AMOUNT OF $491,500 (AB2006-161)
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WALKER AND ASSOCIATES
TO COLLECT DIGITAL ORTHOPHOTOGRAPHS ON THE MAINSTEM NOOKSACK
RIVER TO BE USED IN THE SEDIMENT MANAGEMENT PLAN FOR
GEOMORPHIC MAPPING, IN THE AMOUNT OF $34,800 (AB2006-162)
10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A SUB -
RECIPIENT AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
BELLINGHAM, BELLINGHAM POLICE DEPARTMENT TO PROVIDE PARTIAL
FUNDING FOR ONE FTE FROM THE BELLINGHAM POLICE DEPARTMENT
ASSIGNED TO THE NORTHWEST REGIONAL DRUG TASK FORCE, IN THE
AMOUNT OF $47,222.50 (AB2006-163)
11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
ECONOMIC DEVELOPMENT INVESTMENT PROGRAM INTERLOCAL LOAN AND
GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF SUMAS
TO FINANCE THE BOWEN FIELD EXPANSION PROJECT, IN THE AMOUNT OF
$350,000 (AB2006-164)
12. RESOLUTION IN THE MATTER OF THE SALE OF SURPLUS PROPERTY AND THE
SETTING OF A DATE FOR PUBLIC HEARING THEREON PURSUANT TO WCC
1.10 (AB2006-165)
OTHER ITEMS
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
1. ORDINANCE AMENDING THE 2006 WHATCOM COUNTY BUDGET, FIFTH
REQUEST, IN THE AMOUNT OF $1,209,371 (AB2006-145)
Crawford reported for the Finance and Administrative Services Committee and
moved to recommend adoption.
Motion carried unanimously.
3. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED APPROVAL OF A
PLANNED UNIT DEVELOPMENT, FILED BY DENNIS SANDVIG FOR "BLUE
HERON ESTATES" (PUD05-0009, LSS05-0015) (AB2006-152)
Fleetwood reported for the Planning and Development Committee and moved to
approve the planned unit development.
Motion carried unanimously.
4. APPROVAL OF A PRELIMINARY LONG PLAT EXTENSION REQUEST FILED BY
LOIS MEYERS (AB2006-153)
Fleetwood reported for the Planning and Development Committee and moved to
approve the preliminary long plat.
McShane moved to amend the extension so the development is required to follow
all current regulatory requirements.
Nelson asked if changes to require current regulations would create excess problems
for the applicant.
Troy Holbrook, Planning Division Supervisor, stated it doesn't. Requiring current
regulations just ensures that any new building codes or street standards are applied to the
plat. It keeps the plat up to current standards.
Nelson asked the reason for the extensions. Holbrook stated part of the reason was
financial, and part of the reason was difficulty in obtaining water. Some of the water rights
changed. The number of hookups was lowered.
Brenner stated one reason why the applicant needs the extension was because the
rules changed. The applicant has fewer lots that must now be reconfigured.
Motion to amend carried unanimously.
Motion to approve as amended carried unanimously.
2. RESOLUTION FOR REVIEW OF THE RURAL ZONES, AGRICULTURAL ZONES,
APO AREAS, AND RURAL FORESTRY ZONES (AB2006-133)
Fleetwood reported for the Planning and Development Committee. They aren't ready
to vote yet on the resolution. Vote on it when the Council works out more details of the
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herein is subject to change upon further review and approval by the Whatcom
County Council.
work plan. Vote today on the general purpose statement of the work plan. In two weeks,
put together a group for scoping and to identify the particular components of the program.
McShane moved to approve a general purpose statement for a work plan to be
developed, "Preserve the County's agriculture, forestry, and natural resource land base
while recognizing land values and property rights." This is the intent of the direction the
County Council wants to go. Next, schedule a scoping work session that includes
representatives from the Agriculture Advisory Committee and the forestry industry.
Crawford stated he supports the motion. It makes a lot of sense because it is in
align with the values of the community, as stated in the Comprehensive Plan. The cost of
this process could be substantial. Included in the process is a lengthy public process about
land use issues. A global approach to this is what the community needs. It will be tough to
balance the financial resources for this process. Look at the big picture. Legislative bodies
can act dysfunctional. Consider hiring a professional facilitator during the work session.
Caskey-Schreiber asked the reason for not voting on the resolution.
McShane stated there are time constraints during committee meetings. The task of
figuring out the process, work plan, and budget is too big. The administration needs to
know what kind of commitment the Council wants for this program. This is one step to
prove the Council's general direction. The Council already approved these items. They are
in the Comprehensive Plan.
Brenner stated she will support the motion. In addition to the Agricultural Advisory
Committee and Agricultural Preservation Committee, reinstate or create a Forestry
Committee also.
Nelson stated he would like a better idea of what they will spend on the scope.
Now, the goals in the Comprehensive Plan is to protect agricultural land, prevent
fragmentation, and ensuring underlying property values. They Council has defended those
goals, but there are huge ramifications in trying to fulfill the goals. He will support the
motion. It's worthy of discussion.
McShane stated the idea is to have a Council scoping meeting. Continue using the
Agricultural Advisory Committee. The Comprehensive Plan says the Agricultural Advisory
Committee will look at the agricultural zone. There are other resource issues. If the
Council approves a scope, it will be clear direction for the administration. This general
purpose could be folded into a resolution that can be voted on later.
Caskey-Schreiber stated this could be a big cost. She appreciates the attempt to
narrowing down the scope and defining the deliverables. Agriculture is a $287 million
industry. Investing in the industry to make sure it is around for years to come is well worth
the cost.
(Clerk's Note: End of tape one, side A.)
McShane moved to approve a general purpose statement, "Preserve the County's
agriculture, forestry, and natural resource land base while recognizing land values and
property rights."
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
Motion carried unanimously.
OTHER BUSINESS AND COUNCILMEMBER REPORTS
CONSIDERATION OF THE PLANNING COMMISSION'S REQUEST TO EVALUATE
BUILDING PERMIT ALLOCATION IN THE RURAL ZONE (AB2006-171)
McShane reported for the Natural Resources Committee and moved to go forward
with allowing the Planning Commission to explore a permit allocation system, just for rural
areas. Comprehensive Plan amendments, review of limited areas of more intense rural
development (LAMIRDs), and concurrency issues must all be done first before dealing with
the permit allocation system.
Brenner stated a lot of information has been presented to the Council in the past
year. She hasn't seen anything new that causes the Council to explore the issue. The
question is what the final legal solution will be. All the examples they've seen are being
challenged in court. They don't need to discuss something that is working its way through
the legal system.
She thought that a permit allocation system originally sounded like a good idea, but
now thinks there is no way to make it equitable.
Staff was clear that this could take time away from other staff work, such as the
concurrency ordinance. The Council should do an interim concurrency ordinance for Birch
Bay. Don't use administrative resources on this issue when they should be spent on more
important items.
Crawford stated a permit allocation program is not a good idea. They are all part of
population growth. Controlling that growth instead of planning for the growth is false.
Instead, do good growth planning. Redefine what good planning is.
Nelson moved to amend the motion by requiring that this come back to the Council
with information about staff time required, and fiscal impacts to the County and
departments, and an evaluation of the changes that may occur to mineral resource lands
(MRL's), urban growth areas (UGA's), and other districts. Get an evaluation of the full
impacts before the Planning Commission takes any action.
Caskey-Schreiber stated she is against the permit allocation proposal. There are few
successful examples and many failed examples. She is worried about consequences such as
high home prices and the effect to the construction industry. This kind of talk sends people
running scared. They are trying to do good work. Don't detract from it. Have a plan by
the end of the year on how to keep the agricultural industry alive. That should be the
focus. The growth rate is getting up there, but it is not unmanageable.
McShane asked if the motion is for staff to provide a report to the Council or to the
Planning Commission.
Nelson withdrew his amendment.
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County Council.
Weimer stated he is in favor of the motion. He doesn't know if he would support a
final permitting system. They are talking just about the rural areas outside of the urban
growth areas. Rural areas are a small area where housing is supposed to end up. If the
Comprehensive Plan means anything, this won't affect huge numbers of people. This is an
elegant solution to what the citizens want the Council to address. If they value the rural
areas, this is a solution. The plan will force people into the UGA's and cities, which is what
people say they want these days.
Brenner stated the people who are pushing for this are in urban areas and don't
want development in their backyard. What the County does in the unincorporated county
won't change what the elected officials in the cities will do. The State is pitting the cities
and counties against each other. People in urban growth areas will feel like density is all
being dumped on them. There are more important ways to accomplish the goal. Explore
other methods that will give citizens ownership in the decisions.
McShane stated the Council had a lengthy debate a couple of years ago about
population projections. It was a fascinating debate showing where people were. They
should have the highest population projection because they should plan for a lot of growth.
They had lengthy debates about how the population will be allocated. One benefit of this
system is that it gives the County time to deal with zoning in the rural area that isn't
compliant with the reality of how development and growth is occurring. People worry about
impacts to other cities and entities. A question is how to require those cities to fulfill those
densities. In the meantime, the County continues to bear the brunt of a lot of development.
A question is how the County plans for services. The County keeps preparing for permits
that keep coming in for unincorporated areas of the county. It could be a roller coaster
situation if the market crashes. The County will be faced with laying off employees.
Caskey-Schreiber stated the Council can address zoning without alarming everyone.
She can't deny people the opportunity to build when she lives in a newly built home in the
rural area. A permit allocation system could cause a lot of people to suffer if they have no
hope of building.
Nelson stated he understands the impacts to staffing and the rural areas. Look at
what they are trying to fix, which is the supposed growth rate. The County averages below
the rate the previous ten years. They are growing at a rate they have always grown, which
is about two percent.
Brenner stated move forward with concurrency.
Motion failed 3-4 with Weimer, Fleetwood, and McShane in favor.
OTHER ITEMS
S. APPOINTMENT TO FILL VACANCY ON DRAINAGE IMPROVEMENT DISTRICT
#3 — APPLICANT: ROGER BLOK (AB2006-135)
Nelson moved to appoint Roger Blok.
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
Motion carried unanimously.
6. EXECUTIVE REQUESTS CONFIRMATION OF THE CONCURRENT
REAPPOINTMENT OF MARY SWENSON TO THE BELLINGHAM-
WHATCOM COUNTY HOUSING AUTHORITIES BOARD OF
COMMISSIONERS (AB2006-166)
Nelson moved to confirm the reappointment.
Motion carried unanimously.
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE A NEW
LIQUOR LICENSE APPLICATION FOR DYNASTY CELLARS, 2987 HAXTON
WAY, BELLINGHAM (AB2006-167)
Brenner moved to approve the request.
Motion carried unanimously.
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE A NEW
LIQUOR LICENSE APPLICATION FOR POIESIS WINES, 4232 LEGOE BAY
ROAD, LUMMI ISLAND (AB2006-168)
Weimer moved to approve the request.
Motion carried unanimously.
CORRESPONDENCE APPROVAL
1. LETTER PROPOSED BY COUNCILMEMBER BRENNER TO
CONGRESSMAN RICK LARSEN REGARDING FAIR COMPENSATION TO
FISHERMEN WHO HAVE SUFFERED FROM THE EFFECTS OF THE
GROUNDING OF THE EXXON VALDEZ IN 1989 (AB2006-057)
Fleetwood stated he will abstain from the vote. He is a member of the class action
to which this letter refers.
McShane stated he will not abstain, even though he owns stock in Exxon.
Crawford stated there is a local impact. He will support this letter.
(Clerk's Note: There was no motion to approve the letter.)
Vote to approve the letter carried 6-0-1 with Fleetwood abstaining.
Brenner stated she had no idea about Councilmember Fleetwood's involvement when
she wrote the letter.
Whatcom County Council, 3/28/2006, Page 10
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
INTRODUCTION ITEMS
Nelson moved to accept the Introduction Items.
Motion carried unanimously.
1. ORDINANCE AMENDING THE 2006 WHATCOM COUNTY BUDGET, SIXTH
REQUEST, IN THE AMOUNT OF $1,152,377 (AB2006-169)
2. ORDINANCE REGARDING PROJECT BUDGET AMENDMENT NO. 2 OF THE 2006
BUDGET IN THE AMOUNT OF $594,688 (AB2006-170)
3. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS
PROPERTY PURSUANT TO WCC 1.10 (AB2006-165A) (HEARING TO BE
SCHEDULED)
OTHER BUSINESS AND COUNCILMEMBER REPORTS
Nelson moved to waive the fees for the applications in the resolution initiating
Comprehensive Plan and zoning amendments for 2006 (AB2006-082), docket items
L, M, 0, P, Q, a n d D D.
Motion carried unanimously.
Caskey-Schreiber welcomed an audience member visiting from out of town.
Weimer stated he attended the Lummi Island meeting last week about the ferry rate
increase. The administration, particularly Public Works Director Jeff Monsen, did a
wonderful job explaining all of it. They will meet again.
Nelson stated he will attend meetings regarding pandemic possibilities and how they
work with the private sector. The administration will put together programs through the
Health Department.
Brenner stated she attended a conference on United for National Healthcare. It is an
issue the Health Board may want to learn more about. She would like people from both
sides of the issue to debate the issue. They need a good debate about this issue, in lay
terms. The State television channel has been presenting something called Code Blue, which
is similar to United for National Healthcare.
ADJOURN
The meeting adjourned at approximately 8:44 p.m.
Whatcom County Council, 3/28/2006, Page 11
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
Jill Nixon, Minutes Transcription
The Council approved these minutes on , 2006.
ATTEST: WHATCOM COUNTY COUNCIL
Dana Brown -Davis, Council Clerk
WHATCOM COUNTY, WASHINGTON
Laurie Caskey-Schreiber, Council Chair
Whatcom County Council, 3/28/2006, Page 12
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
WHATCOM COUNTY COUNCIL
Special County Council
April 4, 2006
Council Chair Laurie Caskey-Schreiber called the meeting to order at 12:00 p.m. in
the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Barbara Brenner Dan McShane
Seth Fleetwood Sam Crawford
Carl Weimer L. Ward Nelson
INTRODUCTION ITEM
1. ORDINANCE ENACTING AN INTERIM TEXT AMENDMENT TO AMEND THE
WHATCOM COUNTY COMPREHENSIVE PLAN MAP AND ASSOCIATED TEXT
PROVISIONS TO RESCIND THE URBAN GROWTH AREA DESIGNATION FOR
SUDDEN VALLEY (AB2006-132A)
Fleetwood moved to accept the Introduction Item.
Motion carried unanimously.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 12:02 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on
ATTEST:
Dana Brown -Davis, Council Clerk
2006.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Laurie Caskey-Schreiber, Council Chair
Special Whatcom County Council -Intro Rescind Sudden Valley, 4/4/2006, Page 1
153
WHATCOM COUNTY COUNCIL AGENDA BILL No. 2006-146
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assi ned to:
Originator:
dig
02/27/06
March 14, 2006
Introduction
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Division Heady
Aril II 2006
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Public Hearin g
Dept. Head:
Prosecutor:
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Executive.
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TITLE OF DOCUMEN PUGS S UND ENERGY, INC., A WASHINGTON CORPORATION, Franchise Ordinance
[proposed]
ATTACHMENTS: Ordinance & Memorandum
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? (X) Yes ( ) NO
SEPA review completed? ( ) Yes ( } NO
Requested Date. April 11, 2006
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you
must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in
explaining the intent of the action.)
Pursuant to RCW 36.55.040 and Whatcom County Code 12.24.051, notice is hereby given ofpublic hearing before the County
Council on a proposed ordinance that, if adopted, would grant a franchise for a period of twentyfive (25) years to the Puget
Sound Energy, Inc., A Washington Corporation, to use County right-of-way in certain locations along Jackson and Aldergrove
Roads for purposes of placing and maintaining water and waste water lines and associated facilities, those locations more fully
described within the proposed ordinance on file with the County CounciG The public hearing will be held during the County
Council meeting scheduled for 7: 00 p.m., April 11, 2006, in Council Chambers of the Whatcom County Courthouse, 311 Grand
Avenue, Bellingham, Washington. Pursuant to RCW 36.55.050, the hearing may be adjourned from time to time by order of the
County Council until action is taken by the Council upon the proposed ordinance.
COMMITTEE ACTION:
COUNCIL ACTION:
Related County Contract #.
Related File Numbers.
Ordinance or Resolution Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website
at.svlyw..co.ivhatcom.wa.trslcon,,cil.
154
SPONSORED BY: Consent
PROPOSED BY: Executive
INTRODUCTION DATE: March 14, 2005
ORDINANCE NO.
GRANTING PUGET SOUND ENERGY, INC., A WASHINGTON CORPORATION, ITS
SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE AND THE RIGHT,
PRIVILEGE, AND AUTHORITY THEREUNDER TO CONSTRUCT, ALTER,
IMPROVE, RENEW, REPLACE, REPAIR, OPERATE, AND MAINTAIN WATER AND
WASTEWATER LINES UPON, UNDER, ACROSS, AND ALONG CERTAIN ROADS
AND RIGHTS -OF -WAY IN WHATCOM COUNTY, WASHINGTON.
WHEREAS, Puget Sound Energy, Inc. (hereinafter referred to as PSE), a Washington
corporation, has applied for and desires a twenty-five year non-exclusive franchise and the
right, privilege, and authority thereunder to construct, alter, improve, renew, replace,
repair, operate, and maintain water and wastewater lines within certain county rights -of -
way in Whatcom County; and
WHEREAS, RCW 36.55, Whatcom County Charter Section 9.30, and Whatcom
County Code Chapter 12.24 address the requirements pertaining to the granting of
franchises by the County; and
WHEREAS, said application has come on regularly to be heard by the County
Council on the 11th day of April, 2006, and notice of this hearing having been duly
published on the 18th day of March, 2006, and the lst day of April, 2006, in the Bellingham
Herald, a daily newspaper published in Whatcom County having county -wide circulation;
and
WHEREAS, it appears to the Council that notice of said application and hearing
thereon has been given as required by law in RCW 36.55.040; and
WHEREAS, this Council finds, after having considered said application and being
otherwise fully advised in the premises, that it is in the public interest for this Council to
grant the franchise;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the
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right, privilege, authority and non-exclusive franchise be, and the same are hereby given
and granted to PSE, hereinafter referred to as the Grantee, for a period of twenty-five (25)
years from and after the date of approval of this ordinance, subject to Grantee's acceptance
of the Franchise pursuant to Section 16 herein, to construct, alter, improve, renew, replace,
repair, operate and maintain water and wastewater lines, together with all convenient
appurtenances to such lines, upon, under, across and along certain county roads, rights -of -
way, and county property in Whatcom County, Washington, to -wit:
Jackson Road (No. 414) located in Sections 12 and 13, Township 39 North, Range 1
West of the Willamette Meridian, and Sections 7 and 18, Township 39 North, Range 1 East
of the Willamette Meridian;
Aldergrove Road (No. 641) located in Sections 7, 8,17, and 18, Township 39 North,
Range 1 East of the Willamette Meridian, and Sections 11, 12, 13, and 14, Township 39
North, Range 1 West of the Willamette Meridian.
This franchise is granted upon the following express terms and conditions, to -wit:
Section 1. Franchise Authority.
1.1 Grantee shall have the right and authority to enter upon the above -
mentioned roads, rights -of -way and other county property as designated hereinbefore,
for the purpose of constructing its water and wastewater lines and all convenient
appurtenances thereto as described hereinbefore, and for altering, improving, renewing,
replacing, repairing and for operating and maintaining all such lines and facilities.
Section 2. County Authority.
2.1 The County, in granting this Franchise, does not waive any rights which it
now has or may hereafter acquire with respect to the area covered by the Franchise, and
this Franchise shall not be construed to deprive the County of any powers, rights, or
privileges which it now has, or may hereafter acquire, to regulate the use of and to
control the County roads, rights -of -way, and other County property covered by the
Franchise.
Section 3. Construction Within Area of Franchise.
3.1 All construction and installation work along, under, or over county roads or
rights -of -way or other county property outside of the corporate limits of any
incorporated town and within the area covered by this franchise shall be subject to the
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approval and pass the inspection of the County Engineer, and shall conform to all
applicable local, state, and federal minimum standards, codes or regulations, and the
County expressly reserves the right to prescribe how and where said lines shall be
installed and may from time to time upon reasonable notice require the removal and
replacement thereof in the public interest.
3.2 Prior to commencement of construction of any new lines or facilities, Grantee
shall first file with the County Engineer its application for permit to do such work,
together with plans and specifications in duplicate showing the position and location of
all such lines and facilities sought to be constructed, laid, installed or erected at that
time showing their relative position to existing county roads, rights -of -way or other county
property upon plans drawn to scale. In preparing plans and specifications for the
installation of water and wastewater lines along or across county roads and rights -of -
way the Grantee shall use as a guide the standards and specifications established by the
County Engineer.
3.3 The lines and appurtenant facilities shall be laid in exact conformity with said
plans and specifications of definite location, except in instances in which deviation may
be allowed thereafter in writing by the County Engineer pursuant to application by
grantee. The plans and specifications shall specify the class and type of material and
equipment to be used, manner of excavation, construction, installation, backfill, erection
of temporary structures, erection of permanent structures, traffic control, traffic
turnouts and road obstructions, etc. No such construction shall be commenced without
the Grantee first securing a written permit from the County Engineer, including
approval endorsed on one set of plans and specifications returned to the grantee. All
such work shall be subject to the approval of and shall pass the inspection of the County
Engineer. The Grantee shall pay all costs of and expenses incurred in the examination,
inspection and approval of such work on account of granting the said permits.
3.4 In any work which requires breaking of soil of the county roads, rights -of -
way or other county property subject to this franchise for the purpose of laying,
relaying, connecting, disconnecting and repairing the said water and wastewater lines
and facilities or making connections to other facilities of the Grantee now in existence or
hereafter constructed, the Grantee shall be governed by and conform to the general
rules adopted by the officers charged with the supervision and care of such county
roads, rights -or -way, and other county property; and the Grantee at its own expense
and with due diligence shall complete the work for which the soil has been broken and
forthwith replace the work and make good the county road, right-of-way or county
property and leave the same in as good condition as before the work was commenced;
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provided, however, that no such breaking of the soil on the county roads, rights -of -way
or other county property shall be done prior to the obtaining of a permit issued by the
County Engineer. Applications for such a permit shall be accompanied by specifications
of the restoration of the county road, right-of-way or other county property to the same
condition as it was in prior to such breaking, and such specifications must be approved
by the County Engineer before such breaking of the soil is commenced; provided
further, that the Whatcom County Engineer may require a performance bond in a sum
sufficient to guarantee that such county road, right-of-way or other county property
shall be restored to the same condition as it was in prior to such breaking of the soil, the
amount of said bond to be fixed by the County Engineer. The Grantee shall pay all costs
of and expenses incurred in the examination, inspection and approval of such
restoration. The County may at any time do, order, or have done, any and all work that
it considers necessary to restore to a safe condition any such county road, right-of-way
or other county property left by the Grantee or its agents in a condition dangerous to
life or property, and the Grantee upon demand shall pay to the County all costs of such
work.
3.5 All work done under this franchise shall be done in a thorough and
workmanlike manner. In the laying of water and wastewater lines and the construction
of other facilities and the opening of trenches, the tunneling under county roads, rights -
of -way or other county property, the Grantee shall leave such trenches, ditches and
tunnels in such a way as to interfere as little as possible with public travel and shall take
all due and necessary precautions to guard the same, so that damage or injury shall not
occur or arise by reason of such work.
3.6 Before any work is performed under this franchise which may affect any
existing monuments or markers of any nature relating to subdivisions, plats, roads and
all other surveys, the Grantee shall reference all such monuments and markers. The
reference points shall be so located that they will not be disturbed during the Grantee's
operations under this franchise. The method of referencing these monuments or other
points to be referenced shall be approved by the County Engineer. The replacement of
all such monuments or markers disturbed during construction shall be made as
expeditiously as conditions permit, and as directed by the County Engineer. The cost of
monuments or other markers lost, destroyed, or disturbed, and the expense of
replacement by approved monuments shall be borne by the Grantee.
A complete set of reference notes of monuments and other ties shall be filed with
the County Engineer's Office.
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Section 4. Noninterference of Facilities.
4.1 All construction or installation of such lines and facilities, service, repair, or
relocation of the same, performed over, above, along or under the county roads, rights -
of -way or other county property subject to this franchise shall be done in such a manner
as not to interfere unreasonably with the construction and maintenance of other
utilities, lines, public or private, drains, drainage ditches and structures, irrigation
ditches and structures, located therein, nor with the grading or improvement of such
county roads, rights -of -way or other county property. The owners of all utilities, public
or private, installed in such county roads, rights -of -way or other county property prior
in time to the lines and facilities of the Grantee shall have preference as to the
positioning and location of such utilities so installed with respect to the Grantee. Such
preference shall continue in the event of the necessity of relocating or changing the
grade of any such county road or right-of-way.
4.2 The laying, construction, operation and maintenance of the Grantee's water
and wastewater lines and facilities authorized by this franchise shall not preclude
Whatcom County, its agents or its contractors from blasting, grading, excavating, or
doing other necessary road work contiguous to the said lines and facilities of the
Grantee provided that the Grantee shall be given forty-eight (48) hours notice of said
blasting or other work in order that the Grantee may protect its lines and facilities.
Section 5. Relocation of Facilities.
5.1 If at any time Whatcom County shall improve or change any county road,
right-of-way or other county property subject to this franchise by grading or regrading,
planking or paving the same, changing the grade, altering, changing, repairing or
relocating the same or by constructing drainage facilities, or in the event that such
county road, right-of-way or other county property subject to this franchise shall
become a Primary State Highway as provided by law, the Grantee upon written notice
from the County Engineer, or the Director of Highways, shall, at its sole expense and
with due diligence, change the location or readjust the elevation of its water lines and
other facilities so that the same shall not interfere with such county work and so that
such lines and facilities shall conform to such new grades or routes as may be
established.
5.2 All work to be performed by the Grantee under this section shall be subject
to the direction and approval, and shall pass the inspection, of the County Engineer.
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The Grantee shall pay all costs of, and expenses incurred in the examination, inspection
and approval of such work.
Section 6. Vacation of Area Covered By Franchise.
6.1 If at any time Whatcom County shall vacate any county road, right-of-way or
other county property which is subject to the rights granted by this franchise and said
vacation shall be for the purpose of acquiring the fee or other property interest in said
road, right-of-way or other county property for the use of Whatcom County, in either
its proprietary or governmental capacity, then the County may at its option and by
giving thirty (30) days written notice to the Grantee terminate this franchise with
reference to such county road, right-of-way or other County property so vacated, and
Whatcom County shall not be liable for any damages or loss to the Grantee by reason of
such termination.
6.2 If at any time the County shall vacate any portion of the Franchise Area in
which Facilities are installed at the time of said vacation, and said vacation shall be for
the purpose of acquiring the fee or other property interest in said portion of the
Franchise Area by other than the County, then the County shall, in its vacation
procedure, unless otherwise waived in writing by Grantee, reserve an easement to
Grantee for Grantee's Facilities.
Section 7. Indemnification.
7.1 Grantee, by acceptance of the privileges granted hereunder, does hereby agree
to protect and save harmless Whatcom County from all claims, actions or damages of every
kind and description which may occur to or be suffered by any person or persons,
corporation or property by reason of the construction, operation and maintenance of the
grantee's said water and wastewater lines and facilities. In case that suit or action is
brought against Whatcom County for damages arising out of or by reason of the above -
mentioned causes, Grantee will upon notice to it of the commencement of said action
defend the same at its sole cost and expense, and in case judgment which is not appealed
shall be rendered against Whatcom County in such suit or action, Grantee will fully satisfy
said judgment within ninety (90) days after said suit or action shall have finally been
determined, if determined adversely to Whatcom County. Upon Grantee's failure to satisfy
said judgment within the ninety (90) day period, this franchise shall at once cease and
terminate. The provision for reimbursement of the County shall survive the termination of
this Franchise.
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7.2 Acceptance by the County of any work performed by the Grantee at the time
of completion shall not be grounds for avoidance of this covenant.
Section 8. Non -Exclusive Franchise.
8.1 This franchise shall not be deemed to be an exclusive franchise. It shall in no
manner prohibit Whatcom County from granting other franchises of a like nature or
franchises for other public or private utilities, under, along, across, over and upon any
of the county roads, rights -of -way, or other county property subject to this franchise,
and shall in no way prevent or prohibit Whatcom County from constructing, altering,
maintaining, using, or vacating any of said roads, rights -of -way, drainage structures or
facilities, irrigation structures or facilities, or any other county property, or affect its
jurisdiction over them or any part of them with full power to make all necessary
changes, relocations, repairs, maintenance, etc., the same as the county may deem fit.
Section 9. Assignment.
9.1 Neither this franchise nor any interest herein shall be sold, transferred or
assigned without the previous consent in writing of the County Council of Whatcom
County, except that (a) the Grantee may mortgage this franchise to the trustee for its
bond holders and (b) the County hereby consents to and approves the assignment of
this franchise by the Grantee of all of the Grantee's right, title and interest in, to and
under this franchise to U.S. Bank National Association, not in its individual capacity but
as trustee under the trust agreement dated November 30, 1981, referenced in the Lease
Agreement dated as of May 1,1981, between such trustee, as lessor, and the Grantee, as
lessee.
9.2 All the provisions, conditions, regulations and requirements herein contained
shall be binding upon the successors and assigns of the Grantee, and all privileges, as
well as all obligations and liabilities of the Grantee shall inure to its successors and
assigns equally as if they were specifically mentioned wherever the Grantee is
mentioned.
Section 10. Incorporation and Annexation.
10.1 Whenever any of the County roads, rights -of -way or other county property
as designated in this franchise, by reason of the subsequent incorporation of any town
or city, or extension of the limits of any town or city, shall fall within the city or town
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limits, this franchise shall continue in force and effect as to all county roads, rights -of -
way or other county property not so included in city or town Iimits.
Section 11. Forfeiture and Termination of the Franchise.
11.1 If the Grantee shall willfully violate or fail, through willful or unreasonable
neglect, to comply with any of the provisions of this franchise for thirty (30) days after
receipt of written notice from the County Council, then said Council shall have the right
to declare Grantee's forfeiture of all rights hereunder and to declare this franchise
terminated and of no further force or effect thereafter.
Section 12. Severability.
12.1 If any term, provision, condition, or portion of this franchise be held invalid,
such invalidity shall not affect the validity of the remaining portion of this franchise,
which shall continue in full force and effect.
Section 13. Amendment and Change of Law.
13.1 Whatcom County reserves for itself the right at any time upon thirty (30)
days written notice to the Grantee, to so change, amend, modify or amplify any of the
provision or conditions herein enumerated to conform to any state statute or
department order or county regulation, relating to the public welfare, health, safety or
highway regulation, as may hereafter be enacted, adopted or promulgated.
13.2 No privileges or rights granted hereunder shall exempt Grantee from any
future uniform rent, license, tax, charge, or impost which may hereafter be required by
the grantor, for revenue or as reimbursement for use and occupancy of public ways,
and failure to timely remit any sums properly due thereby, shall be cause for forfeiture
of rights hereunder, according to the procedure specified in Section 11 of this franchise.
13.3 Notwithstanding any language to the contrary contained herein, this
Franchise is subject to the provisions of the Whatcom County Charter Section 9.30, and
all rights belonging to the County and its people as set forth therein are hereby reserved
thereto. This franchise shall be subject to the power of eminent domain and the right of
the Council or the people acting for themselves through the initiative or referendum to
repeal, amend or modify the franchise in the interest of the public.
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13.4 Except as addressed in and through 13.1 through 13.3 above, this Franchise
may be amended only by written instrument, signed by both parties, which specifically
states that it is an amendment to this Franchise and is approved and executed in
accordance with the laws of the State of Washington.
Section 14. Insurance.
14.1 During the term of this Franchise Grantee shall keep in effect a liability
insurance policy covering all liability of Grantee to the County, including any assumed
by contract between Grantee and any other party, with limits at least in the amount of
$1,000,000. In lieu of the insurance requirement of this section, Grantee may self -insure
against such risks. At the time of Grantee's acceptance of this Franchise and otherwise
upon the County's request, Grantee shall provide the County with certificate(s) of
insurance or evidence of self-insurance reflecting the requirements of this section.
Section 15. Locating Facilities.
15.1 Grantee and the County acknowledge and commit to fully comply with
their respective obligations, as the same may arise from time to time, under Chapter
19.122 RCW (Underground Utilities Locator Statute) or any other law applicable to
determining the location of utility facilities.
Section 16. Franchise Term.
16.1 This Franchise is and shall remain in full force and effect for a period of twenty-
five (25) years from and after the effective date of the Ordinance; provided, however,
Grantee shall have no rights under this Franchise nor shall Grantee be bound by the terms
and conditions of this Franchise unless Grantee shall, within sixty (60) days after the
effective date of the Ordinance, file with the County its written acceptance of the
Ordinance.
Section 17. Notice.
17.1 All notices, demands, requests, consents and approvals which may, or are
required to be given by any party to any other party hereunder, shall be in writing and
shall be deemed to have been duly given if delivered personally, sent by facsimile, sent
by a nationally recognized overnight delivery service, or if mailed or deposited in the
United States mail and sent by registered or certified mail, return receipt requested,
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postage prepaid to:
For the County:
County Executive
Whatcom County Courthouse
311 Grand Ave.
Bellingham, WA 98225
For Grantee:
Puget Sound Energy
PO Box 90868
Bellevue, WA 98009-0868
Attn: Community Services
or to such other address as the foregoing parties hereto may from tune -to -time designate in
writing and deliver in a like manner. All notices shall be deemed complete upon actual
receipt or refusal to accept delivery. Facsimile transmission of any signed original
document, and retransmission of any signed facsimile transmission shall be the same as
delivery of an original document.
Section 18. Waiver,
18.1 No failure by any of the foregoing parties to insist upon the strict performance
of any covenant, duty, agreement, or condition of this Franchise or to exercise any right or
remedy consequent upon a breach thereof shall constitute a waiver of any such breach or
any other covenant, agreement, term or condition. No waiver shall affect or alter this
Franchise, and each and every covenant, agreement, term and condition of this franchise
shall continue in full force and effect with respect to other then existing or subsequent
breach thereof.
ADOPTED this
ATTEST:
day of , 2006.
Dana Brown -Davis, Clerk of the Council
APPROVED AS TO FORM:
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Laurie Caskey-Schreiber, Council Chair
WHATCOM COUNTY EXECUTIVE
WHATCOM COUNTY, WASHINGTON
Pete Kremen, County Executive
( ) Approved ( ) Denied
Date Signed:
Page 10
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[Attach Acceptance Form to be executed by grantee upon approval of the ordinance.]
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165
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2006-165A
CLEARANCES
.initial
Dale
Date Received in Council Office
Agenda Date
Assigned to:
Originator.
3/17/06
3/28/06
Introduction
Division Head:
4/ 11 /06
Hearing
Dept. Head:
Prosecutor.-
Purchasing/Budget.-
3/17106
Pxecutive:
[hl3
"dl O(;
TITLE OF DOCUMENT: Adopt a resolution to sell surplus property
ATTACHMENTS: Resolutions & list of property to be declared surplus
SEPA review required? { ) Yes ( x) NO
SEPA review completed? ( ) Yes (x ) NO
Should Clerk schedule a hearing ? ( X J Yes ( ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (if this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC
as appropriate. Be clear in explaining the intent of the action.)
The attached list of equipment has been determined to be surplus and available for disposal by public auction.
The Council may find by resolution, following a public hearing that it is in the public interest to sell the property.
COMMITTEE ACTION:
COUNCIL ACTION:
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and
printing on the County's website at. www.co.whatcom.wa.us/council.
166
SPONSORED BY:
PROPOSED BY:
DATE INTRODUCED:
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE SALE OF
WHATCOM COUNTY SURPLUS PROPERTY
PURSUANT TO WCC 1.10
WHEREAS, a public hearing was held on, ,2006 to discuss the sale of Whatcom
County property; and
WHEREAS, it was determined to be in the best interest of Whatcom County to sell the property listed in
Exhibit "A" and such property shall be sold by public auction on or after May 2006, subsequent to
compliance with the notice requirements of WCC 1.10.200: and
NOW THEREFORE BE IT RESOLVED that the property listed in Exhibit "A" be sold at public auction
on or after May 2006 pursuant to the notice requirements of WCC 1.10.200: and
BE IT FURTHER RESOLVED that where there is no bid within the advertised terms the County may
withdraw the property from sale, or if the County deems such action to be in the public interest, reject any
or all bids either written or oral, and thereafter negotiate the sale of the property providing the negotiated
price is higher that the highest bid at the public sale and that the public has notice by advertisement, under
Section 1.10.200, and an opportunity to compete, through mailed bids, for the purchase by offer of a more
favorable price
APPROVED this day of , 2006.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Laurie Caskey-Schreiber, Council Chair
ATTEST:
Dana Brown -Davis, Council Clerk
,AEPROXE S TO FORM:
Civil Deputy Pro uting Altorney
167
WHATCOM COUNTY
ADMINISTRATIVE SERVICES
Public Works Surplus Equipment
F|NANCEIACCC}UNTING
VVhotcomCounty Courthouse
3llGrand Avenue, Suife#503
Bellingham, YYA9822S'4082
LOW
Current Expense & Public Works Surplus Items
Miscellaneous Broken & Unusable Tools, Parts & Supplies
Used & Unsalvageable Bddge Decks
Miscellaneous Copiers that have no trade-in value
Miscellaneous Wom or broken Office Equipment & Fumiture
Miscellaneous wom or broken Computer Components
Miscellaneous unusable Inventorl Items (Culvert, Timbers, etc.)
WHATCOM COUNTY COUNCIL AGENDA BILL No. 2006-180
CLEARANCES
Initial
Date
Date Received in Council O ice
Agenda Date
As_si ned to:
Originator:
LK
3124106
R E C E V El
4111106
Coun-a l '
Division Head.
Dept. Head.•
APR 4 - 2006
Prosecufar,-
HATCjyO�p�q COUNr�
COUNCI
Purchasing/Budget.-
Executive:
p
i
�v
TITLE OF DOC MENT.• Liquor License —New Application for Seutz Me, 974 Valley Highway #9, Acme,
WA 98220
ATTACHMENTS: Copy of original Washington State Liquor Control Board approval form and copies of
approval by Health and Human Services, Building Services and Sheriffs Office
SEPA review required? ( ) Yes { ) NO
Should Clerk schedule a hearing ? ( ) Yes ( X ) NO
SEPA review completed? { ) Yes ( ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: {If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
Approved by Health and Human Services, Building Services and Sheriffs Office
COMMITTEE ACTION. •
COUNCIL ACTION.•
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting
on the Coun 's website at: www.co.whatcom.wa.uslcorincil
169
i0 ��ya+NcrQy
STA_�.YE : y:, LIQuOfi
CdN76pL .. - oOA!!
NOTICE OF LIQUOR LICENSE APPLICATION
RETURN TO: WASHINGTON STATE LIQUOR CONTROL BOARD
License Division - 3000 Pacific, P.O. Box 43075
Olympia, WA 98504-3075
Customer Service: (360) 664-1600
Fax: (360) 753-2710
Website: www.liq.wa.gov
TO: WHATCOM COUNTY EXECUTIVE
RE: NEW APPLICATION
UBI: 602-584-988-001-0001
License: 353199 - 3A County: 37
Tradename: SEUTZ ME
Address: 974 VALLEY HWY #9
ACME WA 98220-9706
Phone No.: 360-595-2480 CRAIG SEUTZ
Privileges Applied For:
BEER/WINE REST - BEER/WINE
DATE: 3/02/06
R :> -VE
D
MAR 6 2006
APPLICANTS:
P
SEUTZ ME, INC. COUNTY E% ECUf E
SEUTZ, CRAIG
1963-02-08
As required by RCW 66,24.010(8), the Liquor Control Board is notifying you that the above has
applied for a liquor license. You have 20 days from the date of this notice to give your input on
this application. If we do not receive this notice back within 20 days, we will assume you have no
objection to the issuance of the license. If you need additional time to respond, you must submit a
written request for an extension of up to 20 days, with the reason(s) you need more time. If you
need information on SSN, contact our CM Desk at (360) 664-1724.
1. Do you approve of applicant ?...........................................................
2. Do you approve of location ?...........................................................
3. If you disapprove and the Board contemplates issuing a license, do you wish to
request an adjudicative hearing before final action is taken?...... ........................ .
(See WAC 314-09-010 for information about this process)
4. If you disapprove, .per RCW 66.24.010(8) you MUST attach a letter to the Board
detailing the reason(s) for the objection and a s ement of all facts on which your
objection(s) are based.
■ ■
DATE
C091057/LIBRIM5
SIGNATURE OF MAYOR,CITY MANAGER,COUNTY COMMISSIONERS OR DESIGNEE
170
NOTICE OF LIQUOR LICENSE -APPLICATION
WASHINGTON STATE LIQUOR CONTROL BOARD
RETURN T0: License Division - 3000 Pacific, P.O. Box 43075
Olympia, WA 98504-3075
Customer Service: (360) 664-1600
Fax: (360) 753-2710
Website: www.liq.wa.gov
TO: WHATCOM COUNTY EXECUTIVE
RE: NEW APPLICATION
UBI: 602-584-988-001-0001
License: 353199 - 3A County: 37
Tradename: SEUTZ ME
Address: 974 VALLEY HWY #9
ACME WA 98220-9706
Phone No.: 360-595-2480 CRAIG SEUTZ
Privileges Applied For:
BEERIWINE REST - BEER/WINE
APPLICANTS:
SEUTZ ME, INC.
SEUTZ, CRAIG
DATE: 3/02/06
R::_ '• D
MAR 6 2006
PL °r,„ N
COUNTY E ECUTIVE
1963-02-08
As required by RCW 66.24.010(8), the Liquor Control Board is notifying you that the above has
applied for a liquor license. You have 20 days from the date of this notice to give your input on
this application. If we do not receive this notice back within 20 days, we will assume you have no
objection to the issuance of the license. If you need additional time to respond, you must submit a
written request for an eAension of up to 20 days, with the reason(s) you need more time. If you
need information on SSN, contact our CHRI Desk at (360) 664--1724.
1. Do you approve of applicant ?...........................................................
2. Do you approve of location ?...........................................................
3. If you disapprove and the Board contemplates issuing a license, do you wish to
request an adjudicative hearing before final action is taken?....... ...........................
(See WAC 314-09-010 for information about this process)
4. If you disapprove, per RCW 66.24.010(8) you MUST attach a letter to the Board
detailing the reason(s) for the objection and a statement of all facts on which your
objection(s) are based.
�� ~ RV Oro
DATE
r
FRIUM11
SIGNATURE OF MAYOR,CITY MANAGER,COUNTY COMMISSIONERS OR DESIGNEE
171
C09LOSMERRCMS
NOTICE OF LIQUOR LICENSE -APPLICATION
WASHINGTON STATE LIQUOR CONTROL BOARD
RETURN TO: License Division - 3000 'Pacific, P.O. Box 43075
Olympia, WA 98504-3075
Customer Service: (360) 664-1600
Fax: (360) 753-2710
Website: www.liq.wa.gav
TO: WHATCOM COUNTY EXECUTIVE DATE: 3/02/06
RE: NEW APPLICATION , p
UBI: 602-584-988-001-0001 "�
MAR 6 2006
License: 363199 - 3A County: 37 APPLICANTS:
Tradename: SEUTZ NE P "
Address: 974 VALLEY HWY #9 SEUTZ ME, INC. COUNTY E'fECUNE
ACME WA 98220-9706
SEUTZ, CRAIG
1963-02-08
Phone No.: 360-595-2480 CRAIG SEUTZ
i.•
Privileges Applied For:
BEER/WINE REST - BEER/WINE
As required by RCW 66.24.010(8), the Liquor Control Board is- notifying you that the above has
applied for a liquor license. You have 20 days from the date of this notice to give your input on
this application. If we do not receive this notice back. within 20 days, we will assume you have no
objection to the issuance of the license. If you need additional time to respond, you must submit a
written request for an extension of up to 20 days, with the reason(s) you need more time. If you
need information on SSN, contact our CIM Desk at (360) 664-1724.
YES NO
1. Do you approve of applicant ? ............... . . ......................................... [L;VJ'`' ❑
2. Do you approve of location ?........................................................ ❑
3. If you disapprove and the Board contemplates issuing a license, do you wish to
request an adjudicative hearing before final action is taken?...... ......................... ❑ ❑
(See WAC 314-09-010 for information about this process)
4. If you disapprove, per RCW 66.24.010(8) you MUST attach a letter to the Board
detailing the. reason(s).f*the objection and a statement of all facts on which your
objection(s) are based
DATE SIGNATURE OF MAYOR,CITY MANAGER,COUNTY COMMISSIONERS OR DESIGNEE
Co41057 /LIBRIHS
172
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2006-181
CLEARANCES
Initial
Date
Date Received in Council Off
A ends Date
Assi ned to:
Originator:
LK
3131106
I E C E � �% L, '�
1l
4111106
Council
Division Head.
Dept. Head:
APR 4 - 2006
Prosecutor:
WHrUCOM, COI N ;-fir
C�Ji�•`,•4 L ! r
l
Purchasin /Bud et:
Executive:
P
3 Duo
TITLE OF DOCUMENT: Liquor License — New Application for Complements,16.21 E. 56" Street,
Bellingham, WA 98226
ATTACHMENTS: Copy of original Washington State Liquor Control Board approval farm and copies of
approval by Health and Human Services, Building Services and Sheriff's Office
SEPA review required? { ) Yes ( ) NO
Should Clerk schedule a hearing ? ( } Yes ( X ) NO
SEPA review completed? ( J Yes ( ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
!rearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
Approved by Health and Human Services, Building Services and Sheriffs Office
COMMITTEE ACTION:
COUNCIL ACTION:
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the CounLys website at: www.co.whatcom.waus/council.
173
3¢y�L N Q TES
STATE S' " ii040R
j CO1{TROL _00 ARP
% ./
NOTICE OF LIQUOR LICENSE APPLICATION ( AM
TO: WHATCOM COUNTY EXECUTIVE
UBI: 601-821-555-002-0001
License: 089168 - 3A County: 37
Tradename: COMPLEMENTS
Address: 1621 E 56TH ST
BELLINGHAM
Phone No.: 360-398-8369 PAM LANG
Privileges Applied For:
BEER/WINE GIFT DELIVERY
RETURN TO: WASHINGTON STATE LIQUOR CONTROL BOARD
License Division - 3000 Pacific, P.O. Box 43075
Olympia, WA 98504-3075
Customer Service: (360) 664-1600
Fax: (360) 753-2710
Website: www.liq.wa.gov
WA 98226-8792
DATE: 3/07/66
APPLICANTS:
LANG, PAMELA ROSE
1960-05-25
LANG, CRAIG WALTER
(Spouse) 1951-07-20
As required by RCW 66.24.010(8), the Liquor Control Board is notifying you that the above has
applied for a liquor license. You have 20 days from the date of this notice to give your input on
this application. If we do not receive this notice back within 20 days, we will assume you have no
objection to the issuance of the license. If you need additional time to respond, you must submit a
written request for an extension of up to 20 days, with the reason(s) you need more time. If you
need information on SSN, contact our CHRI Desk at (360) 664-1724.
1. Do you approve of applicant?...................................................... ..
2. Do you approve of location ?...........................................................
3. If you disapprove and the Board contemplates. issuing a license, do you wish to
request an adjudicative hearing before final action is taken? ......... ....................... .
(See WAC 314-09-010 for information about this process)
4. If you disapprove, per RCW 66.24.010(8) you MUST attach a letter to the Board
detailing the reason(s) for the objection and a statement of all facts on which your
objection(s) are based.
A
DATE SIGNATURE, OF MAYOR,CITY MANAGER,COUNTY COMMISSI
C091057/LIBRIHS
lM
tS OR DESIGNEE
/l 174
3/3o/nL
NOTICE OF LIQUOR LICENSE APPLICATION
RETURN TO: WASHINGTON STATE LIQUOR CONTROL BOARD
License Division - 3000 Pacific, P.O. Box 43075
Olympia, WA 98504-3075
Customer Service: (360) 664-1600
Fax: (360) 753-2710
Website: www.lig.wa.gov
TO: WHATCOM COUNTY EXECUTIVE DATE: 3/07/06
RE ztPp'^,0.1
UBI: 601-821-555-002-0001
License: 089168 - 3A County: 37
Tradename: COMPLEMENTS
Address: 1621 E 56TH ST
BELLINGHAM
Phone No.: 360-398-8369 PAM LANG
Privileges Applied For:
BEER/WINE GIFT DELIVERY
APPLICANTS:
LANG, PAMELA ROSE
WA 98226-8792 1960-05-25
LANG, CRAIG WALTER
(Spouse) 1951-07-20
As required by RCW 66.24.010(8), the Liquor Control Board is notifying you that the above has
applied for a liquor license. You have 20 days from the date of this notice to give your input on
this application. If we do not receive this notice back within 20 days, we will assume you have no
objection to the issuance of the license. If you need additional time to respond, you must submit a
written request for an extension of up to 20 days, with the reason(s) you need more time. If you
need information on SSN, contact our CHRI Desk at (360) 664-1724.
ko
O
1. Do you approve of applicant?...................................................... ...❑
2. Do you approve of location ?..........................................................
3. If you disapprove and the Board contemplates issuing a license, do you wish to
request an adjudicative hearing before final action is taken? ................................... ❑ ❑
(See WAC 314-09-010 for information about this process)
4. If you disapprove, per RCW 66.24.010(8) you MUST attach a letter to the Board
detailing the reason(s) for the objection and statement of ll facts on which your
objection(s) are based. j� n
DATE
C091057/LIBRIMS
SIGNATURE OF MAYOR,CITY MANAGER,COUNTY COMMISSIONERS OR DESIGNEE
3 /_3„ / , 175
N01710E OF LIQUOR LICENSE APPLICATION
RETURN TO: WASHINGTON STATE LIQUOR CONTROL BOARD
License Division - 3000 Pacific, P.O. Box 43075
Olympia, WA 98504-3075
Customer Service: (360) 664-1600
Fax: (360) 753-2710
Website: www.liq.wa.gov
TO: WHAT_CCOM COUNTY EXECUTIVE DATE: 3/07/06
UBI: 601-821-555-002-0001
License: 089168 - 3A County: 37
Tradename: COMPLEMENTS
Address: 1621 E 56TH ST
BELLINGHAM
Phone No.: 360-398-8369 PAM LANG
Privileges Applied For:
BEER/WINE GIFT DELIVERY
WA 98226-8792-
APPLICANTS:
LANG, PAMELA ROSE
1960-05-25
LANG, CRAIG WALTER
(Spouse) 1951-07-20
t1 V` 4• $ ,
As required by RCW 66.24.01.0(8), the Liquor Control Board is notifying you that the above has
applied for a liquor license. You have 20 days from the date of this notice to give your input on
this application. If we do not receive this notice back within 20 days, we will assume you have no
objection to the issuance of the license. If you need additional time to respond, you must submit a
written request for an extension of up to 20 days, with the reason(s) you need more time. If you
need information on SSN, contact our CHRI Desk at (360) 664-1724.
YkS 'NO
1. Do you approve of appficant?..........................................................
2. Do you approve of location ?........................................................... V0
3. If you disapprove and the Board contemplates issuing a license, do you wish to
request an adjudicative hearing before final action is taken? ................................... ❑ ❑
(See WAC 314--09--010 for information about this process)
4. If you disapprove, per RCW 66.24.010(8) you MUST attach a letter to the Board
detailing the reason(s) for the objection and a statement of all facts on which your
objection(s) are based.
DATE SIGNATURE OF MAYOR,CITY MANAGER,COUNTY COMMISSIONERS OR DESIGNEE
176
C091057/LIBRIHS " N -3 I ^/'