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HomeMy WebLinkAboutPacket Mar 13 2007WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-139 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Kraig Masan E � t �� It A� q�1 LU0I7 MAR 0 6 VHTCOM COUNW COUNCIL 03113107 Natural Resource ' Manager. Linda Peterson 1 b Dept. Head: Hal H. Hart Prosecutor: Royce Buckingham �- Purchasing/Budget. Executive: SUBJECT.Presentation ofthe Whatcom County Agricultural Advisory Committee's Rural Land Study. ATTACHMENTS: Memo, Rural Land Study Report and accompanying exhibits. SERA review required? ( ) Yes ( x) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a Bearing ? ( ) Yes, (X ) NO Requested Date: S MARYSTATEMENT.• The Rural Land Study is a research document ntea t to provide guidance in the development of heightened agricultural protection measures for the rural areas identified in the study. The Rural Land Study is an integral component of the Agriculture Land Work Program as approved by Council February 13, 2007 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 Pete Kremen Health Hearing Examiner Jail COUNCIL ACTION TAKEN: juvenile Parks Planning Hal. H. Hart Prosecutor Royce Buckingham Public Works Sheriff Superior Court Related County Contract #: Treasurer Other Related File Numbers: Ordinance or Resolution Number (this item): MEMORANDUM TO: Whatcom County Council RECEIVED FROM: Chuck Antholt, Agriculture Advisory Committee Chair MAR 0 2 2007 DATE: March 1, 2007 PEE KRENIEN COUNTY EXECUTIVE RE: Rural Land Study The Whatcom County Rural Land Study is a collaborative report produced by the Agricultural Advisory Committee and the County Planning and Development Services. The Rural Land Study will be presented to the County Council on March 13, 2007. The primary objective of the study was to identify and map areas within the Rural 5 and 10 zones that are of agricultural significance and may require additional protection to ensure long- term agriculture viability. The areas identified in this study are in addition to and incorporate the Purchase of Development Rights program's twelve target areas. The Rural Land Study is a research document meant to provide guidance in the development of heightened agricultural protection measures for the areas identified. In addition, the study is an integral component of the Agricultural Work Program as approved by Council February 13, 2007. have. included a map of the proposed areas identified in the study. If you have any further questions prior to the Council meeting feel free to contact the Agricultural Advisory Committee's Planning and Development Services staff contact, Kraig Olason at 676-6907 ext. 50264. 2 Whatcom County Rural Land Study: A Collaborative Report Identifying Rural Areas of Agricultural Significance A Report Presented to the Whatcom County Council, Citizens and Landowners of Whatcom County, Washington or, Of OAMA ri oG4Y" rQM CqG' f� s 2007 c� 2007 v �. U O FveLOPM 3 CONTRIBUTORS Whatcom County Staff: Kraig Olason, PDS Jessica Buer, PDS Sarah Watts, PDS Mike Pelela, PDS Peter Gil[, PDS Agricultural Advisory Committee: Chuck Antholt, Chair Tom Thornton, Vice -Chair Bill Degroot John Gillies Todd Jones Marty Maberry Ken Schilke Russell Simonson John Steensma Vicki Hawley Agriculture Preservation Committee: Henry Bierlink Whatcom County Cooperative Extension: Craig MacConnell -2- 4 Whatcom County Agricultural Advisory Committee RURAL LAND STUDY February 2007 Introduction: Rapid residential development of agricultural and forest lands has resulted in the need for greater protection efforts by the community. The Whatcom County Council submitted five items in the 2006 Annual Comprehensive Plan Docket, which address heightened protection of resource lands (Exhibit A). The protection of agricultural lands is the primary focus of the docketed items, while rural zoning and forestry lands are also included to a lesser extent. PDS staff, County Council's Natural Resource Committee, and the Council of the Whole have met on several occasions to discuss the best way to address the agricultural related docket items in a "collective manner". To date, several decisions have been made. Of primary significance is the development of an Agricultural Work Program that will address the docketed items as well as other actions that seek to achieve some of the same objectives of the docketed items. Programs and policies will be proposed that 1) reduce development density, 2) reduce conversion and fragmentation of farmland, and 3) protect open space from fragmentation. This report provides a summary of one of the initial activities undertaken to address the impacts of development on rural zoned agricultural land. Backgrround: The Whatcom County Council designated agricultural lands of long-term commercial significance in 1991 as required by the Growth Management Act, (RCW 3 6.70A. 170). Land designated as agricultural was subsequently zoned Agriculture. Rural zoned lands do not include designated long-term, commercially significant agricultural land but do contain many working farms and prime agricultural soils. During the Comprehensive Plan adoption process, Whatcom County established 100,000 acres as the minimum quantity of land necessary to ensure the on -going viability of agriculture in Whatcom . County (Exhibit B — Shipkey, 2002). In an effort to meet the "critical mass" protection goal, Whatcom County adopted the Agricultural Protection Overlay (APO) as part of the 1997 development regulations. Changes have occurred to the APO Chapter text since its 1997 adoption. Changes occurred in the following years: 1) 1998 — Ordinance 98-083; 2) 2001 — Ordinance 2001- 016; and 3) 2002 — Ordinance 2002-060. Recent changes have been proposed and are docketed as File# ZON2006-00014. The current proposal includes changes to the Agriculture District (WCC 20.40) as well as the APO Chapter (WCC 20.38). The -3 5 changes include cluster and residential siting criteria, eliminating the 20 acre lot size threshold exemption, and limiting the total development area to 35% of the entire parcel. Central to the APO ordinance is the reliance on site -specific criteria to determine whether or not APO provisions are required. APO determinations are largely dependent on whether a majority of the property is comprised of APO soils (as listed in WCC 20.38.040) or if the majority of the property is enrolled in Agricultural Open Space tax program. APO protections and requirements are initiated at the time of property subdivision. Therefore, under this approach agricultural protection is random and highly scattered. It has been estimated that APO protection could be applied to 28,000 acres of Rural zoned land. While the County goal is to protect 100,000 acres of farmland, it is unclear as to whether the APO "protected parcels" will be in proximity to areas that are currently in agricultural uses. The usefulness of land for agricultural purposes is dependent on many factors including the quality of soils and the size of the protected parcel. Additionally, convenience and proximity to other agricultural land is important, particularly in developing areas where increasing traffic volume is making the use of farm vehicles more and more impractical and dangerous. In response to criticisms about the "scattered" nature of protection provided by the current APO, and in response to the County Council's Comprehensive Plan Docketed items, the Agricultural Advisory Committee met over the summer of 2006 to identify areas in Rural 5 and 10 acre zones that are most important to maintaining the agricultural sector of Whatcom County. Project Objective: The primary objective of the rural land study was to identify and map areas within the Rural 5 and 10 Zones that are of agricultural significance and may require additional protection to ensure long-term agricultural viability. The areas identified in this study are in addition to and incorporate the Purchase of Development Rights program's twelve target areas, which were recognized as areas of significant agricultural importance and thusly have required additional protection'. The twelve target areas are shown in the attached Map 1. 1 The Purchase of Development Rights Program development process included the identification of agricultural "target areas" that were established as a means to direct geographically strategic development right purchases. Section IV.A of the Whatcom County Purchase of Development Rights Advisory Committee's Recommendations states: In developing the eligibility and selection criteria recommendations, the Committee acknowledged the importance of the remaining farmland in the county. With limited funds and a recognition that the PDR program will be one component of an integrated effort for farmland preservation, a balance is needed between PDR program capacity and program effectiveness. The Committee concluded that the protection of contiguous areas that could establish a perimeter of PDR farmlands would be more effective in preventing further agricultural conversion than an approach that would result in the selection of random, isolated pockets offarmland As a result, twelve target areas were identified by the Committee. The Committee recommends that these target areas receive priorityfor PDR acquisition. -4- 6 Project Data and Analysis: 1. Geographic Information System Analysis and mapping a. 2004 digital air photos b. APO Soils GIS layer c. Critical Area GIS layers, Whatcom County d. County Assessor data e. Purchase of Development Rights Target Areas GIS layer f. NOAA Coastal Change Analysis Program, 2004 based on Landsat Image, 2000 Area Selection Process: The Agricultural Advisory Committee, in conjunction with PDS staff, has identified 9 rural areas comprising over 21,000 acres that have high agricultural value. The 9 proposed areas are shown in the attached Map 2. The criteria for establishing these areas includes a consideration of: 1. Proximity to active agricultural areas: a. Adjacent to Agriculture District b. In or adjacent to a PDR Target Area c. Inclusion of area provides buffer between Ag zone and more intensive uses 2. Current land use characterized by agriculture — visual analysis 3. High percentage of APO soils 4. Parcelization of the area: a. Acreage totals by parcel size i. Total acreage by parcel size is used to determine the percent of area still in large (20+ acre) parcels b. Number of parcels by given size i. Breakdown by parcel size indicates character of land use in the area 5. Land use as identified on Assessors records (Agricultural Open Space) 6. Evaluation of forested areas for potential agricultural use. a. Land cover (forested) intersects with critical areas to determine likelihood that area could be developed for agricultural use. A summary of acreage by area is included in Table 1. -5- 7 TABLE 1- Proposed Rural Areas Area Acreage Guide/Aldrich R5A 1,992 Guide/Aldrich R10A 2,547 Ten Mile Rd R10A 3,133 Loomis Trail - R5A 3,607 Custer R10A 2,707 Harksell Rd R5A 3,323 East Badger Rd R10A 2,090 Minaker Rd R10A 286 Lawrence Rd R5A 503 South Fork Nook R10A 1,323 South Fork Nook R5A 439 Total 21,960 Area Summaries: Summaries for each proposed area are provided in Exhibit C. Exhibit C also contains maps and graphs detailing specific characteristics of each area. Exhibit D provides a table of each area's characteristics and Exhibit E provides a table of the residential development permit activity from 2000-2006. Final Review, Conclusions, and Recommendations: The initial project assignment involved a visual analysis of County Rural 5 and 10 acres zoned lands. The western portion of the County was depicted on maps that included the combination of air -photo, parcel layer, soils layer and PDR target areas. Each area of the County was carefully reviewed by the AAC and specific areas were identified as possible "keepers" or as not likely to provide significant benefit to overall agricultural productivity within the County. The Smith Road was determined to be the southern limit of agricultural lands for consideration in this project. This perception has been expressed by the agricultural community on many occasions and is based on the increase in development and the lesser quality of soils south of Smith Road. The eastern boundary of the agricultural area has historically been the foothills, although there are exceptions — South Fork Valley, Minniker Road area and along South Pass Road. The western boundary of agricultural lands considered for this project elicited much debate. While Interstate 5 has been identified by many as a logical boundary to the west, nearly 3,000 acres just west of I-5 are zoned R10A and are adjacent to agriculturally -6- 8 zoned land near Custer. Although all agricultural areas west of Interstate 5 were assessed in this study, only the proposed Custer area was determined to require additional protection. After the first area selection, PDS staff employed GIS to develop characterizations of each proposed area. In addition, adjacent areas not chosen were analyzed as a means of comparison with selected areas. Areas that were predominately forested but contain both a high percentage of APO soils and large parcels were further analyzed using Landsat land coverage data and County Critical Area data layers. The analysis determined the suitability of the forested acres for farming activities. It was determined that areas with underlying wetlands would be unlikely to obtain clearing permits. Several areas were not included due to this limitation. Some areas that were originally included were discarded after GIS analysis revealed low percentages of agriculture or resource uses and high parcelization rates. For instance, the area southwest of Ferndale between Aldergrove Road and Slater Road was ultimately discarded due to the high level of parcelization as much of this area is designated R5A and has been heavily subdivided. Additionally, the level of farming activity is not as significant as other proposed areas such as the Custer R10A or the Harksell Road RSA. During a follow-up project meeting with the AAC to review PDS staff findings, the AAC requested PDS staff to review additional rural areas, specifically those agricultural areas in the foothills. As a result areas along the South Pass Road and the South Fork Valley of the Nooksack River have also been included. Conclusions: The areas identified in this study comprise some of the best soils and are in close proximity to the heart of actively farmed land within Whatcom County. While some areas have not been included that continue to have some level of agricultural activity, it is the concern of the AAC that locations too far away from core agricultural areas will be less likely to stay in agricultural use. The project's determination of proposed areas should not be viewed as a basis to foreclose agricultural activities in other areas of the County. Rather the focus of this study is identify those lands that are critically important for the reasons noted previously in the report — quality of soils, current land use, and proximity to intensively farmed areas of the County. Recommendation: The Agricultural Advisory Committee recommends that Whatcom County develop heightened agricultural protection measures for the rural areas identified by this study -7- 9 A _-•ry �j.. i I It ZR _ _ � , �� ' � � � ter- `'�" '�= ' • ,• �' ,- it x 'a:e.rz-i_ :�'.54x�:.%.§%"9�: �S.iT'�f;l.^-�n,r,"µ.;�:_ao=;r��i�:.�:L=��:E�'�,'-:i'�!.:��:='[ti.s.4�—•r:��s�,:..'§.r.�c? _ EXHIBIT A Docket Items 2006 Comprehensive Plan Rural/Resource Lands Docket # Title Actions Purpose 2006-L Rural to Agricultural Consider changes Provide greater Rezone I to Rural and Ag protection of zones Rural and Ag lands 2006-M Rural to Agricultural Consider Rural Expand Rezone II land for Ag designated Ag designation acreage 2006-0 & 2006-P APO Soils I & II Add Whatcom- Increase USDA Labounty soil to "Prime" soils APO Soil List acreage under APO protection 2006-Q Cluster Requirements Require clustering Retain open for subdivisions in space and Rural, Ag and resource uses of Rural Forestry & subdivided land require permanent in affected zones deed restriction on reserve tract 12 To: Whatcom County Agricultural Advisory Committee Meeting Date: 2.27.02 From: Matt Shipkey, PDS Page 1 of 4 EXHIBIT B `Critical Mass' in Whatcom County Key Findings ➢ 100,000 acres of farmland targeted for long-term protection under the 1997 Comprehensive Plan through Ag & APO Zoning ➢ In 1994, 116,473 acres fell within the Ag & APO Zone ➢ In 2002, 108,305 acres of land fall within the Ag & APO Zone ➢ 18,863 acres of farmland exist outside of the Ag & APO Zone, and are essentially unprotected Historical Acreage Amounts The amount of reported agricultural acreage within the County has demonstrated a significant decline since the 1950's. While no indication is given of how the 1949 figure was arrived at, the 1991 and 1994 figures are based Reported Farmland Acreage 1949 200, 000 acres 1991 152,602 acres 1994 139,680 acres 2002 128,423 acres upon acres enrolled in the County s preferential agricultural open space taxation program. The 2002 figure is based upon land enrolled in the County's preferential agricultural open space taxation program AND a land use designation. `Critical Mass' The 1997 Whatcom County Comprehensive Plan (Plan), within the Agricultural Lands section, notes: "Agricultural viability is dependent upon... a large fertile land base. Erosion of the farmland base has been recognized as a national and local problem. i4 Goal 8-A suggests protection strategies that "Conserve and enhance natcom County's agricultural land base for the continued production of food and fiber.s5 This reference reflects the commonly held belief of experts in the farmland preservation field that a certain amount of acreage must be available for cultivation in order for the agricultural enterprise within a community to remain viable and successful into the future. In support of these principles, "the Council found that 100,000 acres in large parcels was an important target to conserve and protect agricultural lands needed for long-term agriculture" 6. Policies to Preserve 'Critical Mass' The 1997 Plan recommends the use of two techniques to achieve the long-term protection of 100,000 acres of large -parcel farmland within the County. The first of these, Agricultural Zoning, the most restrictive protection category, was to provide for the protection of some 88,473 acres. A new zoning overlay category, the Agricultural Protection Overlay (APO) was also introduced. APO "recognizes that agriculturally important soils may lie outside existing agricultural zoning, andprovides a mechanism for conserving these soils for agricultural use... ,,7 ' The APO zone, which covers approximately 28,000 acres, is supposed to limit the further fragmentation of farmland parcels over 20 acres in the R-5 and R 10 zone by requiring `cluster' development on 20% of the parcel (30% under exceptional circumstances) with the balance reserved for agricultural use.8 "The County thus committed through its comprehensive plan to protecting about 100,000 acres in long-term large lot commercially productive agriculture, using the agriculture and agriculture protection zone as the primary devices to accomplish the objective.i9 13 To: Whatcom County Agricultural Advisory Committee Meeting Date: 2.27.02 From: Matt Shipkey, PDS In addition to the APO designation, three additional mechanisms were meant to provide shorter -term protection to farmland: flood hazard lands upon which development is severely limited (the rationale for this designation is uncertain), preferential agricultural tax designation (this acreage total refers to land with no other form of protection, such as Ag or APO zonin }• and right -to -farm Fage 2 of 4 1994 Acreaje Protected' Agriculture Zone 88,473 acres* Agriculture Protection Overlay Zone 28, 000 acres Long Term Protection 116,473 acres a rox Preferential Agricultural Tax AG/OS 25,000 acres** Flood Hazard Lands 500-1, 000 acres * * * Short Term Protection *see note above **sole form of protection for this acreage, however this tax designation covered 139,000 acres in total ***rationale for this designation uncertain 26,000 acres (approx) g legislation. These techniques offered only a minimal level of protection to approximately 26,000 acres of agricultural resource land. Agriculture Zoning (Ag & APO) is the most protective regulation, and was meant to secure the long-term future of 100,000 acres of large parcel farmland. Current Status of Identified Critical Mass Loss of farmland has slowed considerably since the mid-1990's. 139,680 acres existed in 1994, with 128,423 acres in 2002. 88,473 acres are currently within the Ag Zone. Approximately 19,832 acres are within the APO Zone. Thus, of the 100,000 acres identified by the County as important and protected under the previously mentioned policies, approximately 108,305 acres remain protected under the Ag & APO Zone. In 1994, 116,473 acres fell within the Ag & APO Zone. 18,863 acres of land outside of the Ag & APO Zone, protected only by the Preferential Agricultural Tax (Ag/Open Space). 1,494 acres of current -use agricultural land fall outside of the Preferential Agricultural Tax (Ag/Open Space) designation, and are essentially without any form of protection. These two categories, taking in 20,357 acres of land, represent the agricultural acreage in Whatcom County most threatened by conversion. 2002 ACREAGE AMOUNTS Designated Acreage Agriculture Zone 88,473 Agriculture Protection Overlay Zone 19,832 Long Term Protection 108,305 Preferential Agricultural Tax (AG/OS) 18,863 Flood Hazard Lands Not Applicable* Short Term Protection *Rationale and data for this designation not found 18,863 Land Without Any Form of Protection 1,494 14 To: Whatcom County Agricultural Advisory Committee Meeting Date: 2.27.02 From: Matt Shipkey, PDS Page 3 of 4 OPEN SPACE AG 8300-8390 Acreage by Zone D R A F T Zone Acres of Percent of Total Acres - Total Percent of OSAG Acres of AG OSAG OSAG Class. Zoning Desig. in Total Zoning land Use - Not Class. Desig. OSAG AG 67,592 56.43% 88,473 76.40% 2,187 R5A 26,189 21.86% 81,192 32.26% 3,486 R10A 12,506 10.44% 27,572 45.36% 1,519 HII 1,952 1.63% 6,697 29.15% 23 CITY 3,138 2.62% 28,908 10.86% 239 UR3 1,951 1.63% 5,441 35.86% 108 LII 1,184 0.99% 2,907 40.72% 107 RRI 635 0.53% 2,598 24.46% 0 RF 1,227 1.02% 35,964 3.41% 168 R2A 999 0.83% 5,216 19.16% 107 UR4 744 0.62% 8,545 8.70% 310 RR1 487 0.41 % 4,280 11.38% 131 RR2 322 0.27% 4,588 7.02% 2 GC 360 0.30% 749 48.00% 4 CF 202 0.17% 186,949 0.11 % 18 URIVI6 132 0.11 % 1,440 9.17% 0 ROS 31 0.03% 4,680 0.67% 230 UR-MX 126 0.10% 1,669 7.52% 0 NC 8 0.01 % 219 3.43% 0 GI 0 0.00% 0 13 RR3 0 0.00% 0 34 119,784 100.00% 498,087 8,639 Source: WCPD GIS - AG. Zone WC AssessorlWCPDS GIS The following is a summation of the findings of the Western Washington Growth Management Hearings Board, in the case of Wells vs. Whatcom County, upon which the critical mass acreage amounts of this paper are predicated. It summarizes nicely bot the case and the actions Whatcom County to protect the critical mass of agricultural acreage it identified through the Comprehensive Plan Process. The County designated approximately 100,000 acres as agricultural lands. This designation consists of 88,000 acres in the Agricultural Zone. The County assumes ten percent of this acreage will be lost to "environmental constraints" and "necessary urban encroachment," leaving approximately 80,000 acres available for long-term conservation. Another 28,000 acres available for long-term conservation is included in the Agricultural Protection Overlay Zone, which applies to certain rural zoned lands. Residential development is permitted in the overlay zone, but DRs emphasizing protection of open space for agricultural production restrict how development can occur. 15 To: Whatcom County Agricultural Advisory Committee Meeting Date: 2.27.02 From: Matt 5hipkey, PD5 Page 4 of 4 Petitioner Wells argues there is between 118,136 and 139,680 acres of agricultural land in Whatcom County. Based on this range of acreage, Wells asserts the County is not conserving sufficient land for agriculture. However, Wells does not explain how the acreage she identifies correlates to agricultural lands of long-term significance within the meaning of the GMA. Petitioner Wells argues that the overlay zone does not conserve agricultural lands in the "long-term," where CP Policy 8A-1 asserts a "long-term" planning horizon of 250 years. Altering the overlay zone will require amendment to the County's CP and DRs. Petitioner Wells also argues that the development densities allowed in the overlay zone far exceed the densities allowed in the Agricultural Zone. "Permitted densities should be significantly reduced if the overlay zone is to achieve a long-term conservation outcome similar to Agricultural zoning." Petitioner Well's Brief, at 10. The County asserted that it did not create the overlay zone to provide identical protection provided by the Agricultural Zone; the two zones act in concert to conserve the County's agricultural lands of long-term significance. In order to comply with the provision of RCW 36.70A.020(8), the County must require those using the overlay development provisions to reserve the balance of land for long-term agricultural use rather than the current provisions which constitute a holding pattern for future sprawl. It must ensure that resultant development does not constitute inappropriate growth nor threaten the long-term commercial viability of remaining farmland, and only removes a small percentage of the land from ongoing long-term agricultural usage. The overlay provisions are clearly erroneous and do not comply with the Act. Aside from the overlay provisions, Petitioners have not definitely and firmly convinced the Board the County made a mistake in adopting the agricultural provisions of its CP or DRs. Except for the overlay provisions, the agricultural lands provisions comply with the Act. From Wells vs. Whatcom County, hiip://www.gmaboards.wa.gov/westem/westem decisions/wwl997/97-30cfinalorder..htm ` Whatcom County Comprehensive Plan, May 1997, 8-5. 2 Whatcom County Comprehensive Plan: Environmental Impact statement, Existing Conditions Report, p. 80. ' Whatcom County Comprehensive Plan, May 1997, 8-5. " Whatcom County Comprehensive Plan, May 1997, 8-6. S Whatcom County Comprehensive Plan, May 1997, 8-6. 6 Whatcom County's Response Brief, p. 15. ' Whatcom County Comprehensive Plan, May 1997, 8-4, s Whatcom County's Response Brief, p. 13 & 15. 9 Whatcom County's Response Brief, p. 10. 10 Whatcom County's Response Hriet p. 10. 16 EXHIBIT C PROPOSED AREA SUMMARIES (Following each written summary are a few pages of maps and graphs detailing the specific characteristics of each proposed area.) Guide/Aldrich R5A and RIOA Parcels within the Guide/Aldrich RSA and R10A area are adjacent to active, agricultural areas and serve as a buffer to the surrounding Ag40 zone and includes the Laurel Road PDR Target Area. A majority (58%) of the area is currently in agriculture land use and 933 of the total 1,992 acres are registered in the Agriculture Open Space tax program. Approximately 91 % of the R5A zone's soils and 77% of the R10A zone's are considered prime APO (Agriculture Protection Overlay) soils. Additionally, 23% of the total acreage is in parcels greater than 40 acres and 59% of the total acreage is in parcels greater than 20 acres. The Guide/Aldrich area is under considerable threat from encroaching development from the Guide Meridian Corridor to the east, The City of Ferndale to the west, and the City of Bellingham to the south. Over 65% of the area has been subdivided into parcels of less than 5.00 acres. Between January 2000 and January 2007 the proposed Guide/Aldrich area received a total of 51 single family residential permits and 22 mobile home permits. In addition, 19 short plat and 2 long plat permits were recorded for this area in the same time period. Miles ® PDR Target Areas %�J/. Mineral Resource Lends CP Desig. N ot JuneA28, 2008 R10 Q AlR5A Zones March 2404 Orthophoto Map C-1: Guide/Aldrich R5A and R10A Area (WCPDS 2006) 17 T0)NrNUO 01 N CO M T co L !O a. W O 3 U¢Q O ¢ O Cl O N Nr 1 in ¢ U Q ¢ T O Q T r O ` O T O O O R L6 O O r n. V U) r N A 1 _ ¢o 0 0 3 Z. O a O 0 N 0 Q ¢ Q ¢ d r ¢ c a 0 0LO ov m o N ■ 0 0 ® ■ IC v c m d 01 La w 4 0 r 0 c� a cc 4 N ti1��NNN �(DCONo0O ` r L a �1111■■ 'i L 3 �¢¢ O Q O O Q Cl O N 'It m¢ <<— U w� 41 Q Q r T O r ` O T O O O /!1 R w6 O c) T 'r �j n. V 0 r N A m c m a m o a N ¢ ¢ ¢ o 0 a a O N 1 (� a ¢ ¢ o a a r o 0 0 11j O r V In N A ■ o o ■ ■ LM(p0GN 1,,,, 10 Im 17- 1 T- c0 O U) co T nlm mIC) co V)I`'�I`)IN'NIr =L LO a0 CY) N 0) 0) r i 1+0 tD I- I- Nvt•Vr 00 0 r N a O O z 3 C] Q Q O ¢ O O O CO\f v MV W f _ C) r• 00 `O r' 000 m in Cl O r' v a V In V- N A r 00 (D CA M � 't Llj CD Ln � CD a � i O Q O O Q Cl O N v ` O r Cl Cl 0 IEtoQO� v V V a V tO � N A N Q7 U Q Q L7 L Q O O O 0 d o v U Q lc U Q Q m~ O O O CD w N Or LO O d ■ C] ® ■ fJ3 OI � � o a 4) LO Gl a N tY � e N e t0 T I Cco D U Li Li Q Q 3 C Q 0 o 0 0 0 O N V R m Q U Q Q r 4) } O Q O m H O O O O Q ,F O ui o o_ r N ■ fl fl ■ _ N tv � v IG � a L N f` a It ' N � r -- N ry _ t 0 O� r e N v U � � t�s CO Q N v r+ R Q C w a Q O N N � LL v— O Z c N Em O r2 N .G %_ U A!. LL Y V p> d > c m m c w CD a 3 E m iq LL a U c � m J a 0 0 cm ■ N P ■ e N CO 0 ■ V 0 0 M M T-- n- r• C) M V.- Cf) 0 0 0 1­ LO Ln tL7 LO CA Iq Nco r r I V � Cl) cOC � - u- R n 0 OI Cl) �0z r V E N ?> >a 7 'C U U CG _j¢¢in0>L°d0 DD N rl- N 19 ® PDR TargetAreas t RIOAtR5A Zones t Mineral Resource Lands CP Desig. n_ r Lots with Ag. DesignationNacant Lots with Residential Structure (Non Ag.) Miles 0 0.3 0.6 1.2 Feb. 28, 2007 any Single Family Residences - 51 Total Mobile Home Residences - 22 Total N Short Plats - 19 Total Long Plats - 2 Total Guide Meridean/Aldrich - Residential Develpment Received Permit System Applications 2000 - Jan. 2007 Showing March 2004 Orthophoto 2 Ten Mile Road RIOA The Ten Mile Road area is adjacent to the Ag40 zone and encompasses an area of large, fertile active farms. The current zoning designation is R10A. Approximately 70% of the area is in agricultural land use and 2,147 of the total 3,133 acres are registered in the Agriculture Open Space tax program. The Everson PDR Target Area borders the Ten Mile Road area to the northeast and the Hemmi Road PDR Target Area borders to the west. Additionally, 33% of the total acreage is in parcels greater than 40 acres and 54% of the total acreage is in parcels greater than 20 acres. Seventy-five percent of the area's soils are considered prime APO soils. The Ten Mile Road area has recently experienced increasing non-agricultural development threat. Thirty-five percent of the total parcels are less than 5.00 acres and only 16% are in parcels greater than twenty acres. Between January 2000 and January 2007 the proposed Ten Mile Road area received a total of 17 single family residential permits and 3 mobile home permits. In addition, 7 short plat and 1 long plat permit were recorded for this area in the same time period. Mites ® PDR Target Areas Mineral Resource Lands CP Desig. N 0 0.2 0.4 0.8 A June 28, 2006 Q R10AIR5AZones March 2004 Orthophoto Map C-2: Ten We Road R10A Area (WCPDS 2006) 2 21 0)cr) �uOrnr— HCACA ICTN r I- 4) N 10 a 4 0 0 z 3 C) ¢¢ O Q p p C3 N v y r i i Ci m ¢ C) Q Q a 2 O a o O O W 0 O r' V IL u-) r- N A I-- r• M r• r CACr1M NNCo I,-O COO O a r 000 .0 C3 Cl ONIt mCD O Q¢ Q Q O L O r O O Q d UD o A v N a U Q Q C L < O O O O N Q. ¢ a a �w 0 0 a o L O r O O O Co� G O r v O� C m a Q� M Q o 'rirr, yr r D r m a% [1 Q V O O O O v o 04 v m O O ¢ r o r p C) 4 O v y„ N v ■ LO ❑ O 04 O ■ ■ d L c CC d a d Q n e ti cli e ' K 0 n 0 M M I y y � cc U O_ a to c O n O C U ¢ U N a � C a O _ o Z U ¢ of LL c rn u; N _ = N fi 'c y U. U 3 a' M H MIS I+I-rn0`r s^ ti� C'MN I,- N w N LO It LO � (fl CA N � Lfl N HO . . . CD N � V ++ C Q CO N ` U m C C1 d) QC/) a N LL IC O O�� CF)Ul CD d N N N O U- N C N •� L •L � � (Op N L' U ti N co Cl) C7 22 ® PDR Target Areas R10A/R5AZones Mineral Resource Lands CP Desig. t Single Family Residences -17 Total d Mobile Home Residences - 3 Total * Long Plats - 1 Total 0 Lots with Residential Structure (Non-Ag) * Short Plats - 7 Total Lots with Ag. DesignationNacant Miles Ten Mile Creek - Residential Develpment o b.25 0.5 Received Permit System Applications 2000 - Jan. 2007 Feb. 28, 2007 March 2004 Orthophoto A en w �rcu mp. ntl kra en Loomis Trail R5A The proposed Loomis Trail area is located in northwestern Whatcom. County and is an area of prime, fertile soils conducive to raspberry and potato production. Much of the area is still actively fanned. The Stein Road PDR Target Area is located within the proposed Loomis Trail area. Additionally, the area serves as a buffer to the Ag40 zone, which borders to the east. Approximately 47% of the area is in agricultural land use and 1,547 of the total 3,607 acres are registered in the Agriculture Open Space tax program. Ten percent of the total acreage is in parcels greater than 40 acres and 37% of the total acreage is in parcels greater than 20 acres. Additionally, 88% of the area's soils are considered prime APO soils. The threat of non-agricultural development is also an issue in the proposed Loomis Trail area. Sixty-six percent of the parcels are less than 5.00 acres and only 16% are in parcels greater than ten acres. Between January 2000 and January 2007 the proposed Loomis Trail area received a total of 34 single family residential permits and 16 mobile home permits. In addition, 12 short plat and 1 long plat permit were recorded for this area in the same time period. oMiles ® PDR TargetArea§ Mineral Resource Lands CP Desig. N 0 01503 0.6 A June 28, 2006 Q R10AIR5A Zones March 2004 Orthnphoto Map C-3: Loomis Trail R5A Area (WCPDS 2006) 24 N � d �O Z U') 2 1u a 4- 0 0 z 3 ¢¢ c� 0 Q o Cl O N qT d r• � � V Q L O a O O O tdL6OOr d V lO r- N A O 11� N O Q OfO� iOI+ La a 0 ¢ o N Y .6 N Kt 0°¢ U¢a� p 0 d Q � r• O O L O r O O O J (aLDClor�t d v 0 r- N A N U U 0 0 3 0 s C) O N U IO Q U L 0 O Q Q r Q r o 0 0 ov m ui 0 o N 4) ■ 0 0 W ■ tp v c CU v a L d o a a 0 ro o. m e W r r m Q Q 3 ¢ o 0 O C1 C) o 6 N V r Ya ! ¢ a ¢ ¢ o 0 o o m o 0 0 N 0 V U) N A ■ 0 0 ■ ■ d L C IL r� a N m •' M 3 , �liv J 0 0 T 0 cm N lC CL O C Q a C 0 Vl y N N C Q I Q1 U) = a E C m d E > > U- ? L o a U U N N N E E ) co C occl U T E n E mm in 2 j LL 0 a 0 0 0 a %- w 1711 0 111 O z I,Nce)0) GDO O0t-0Mr � O o 'r-OMNN v � a U C1 Q ++ V vi V N Iq (U C 'a CO Q Q VJ c O N N �y � °Q0�� a•E .c0?a�CU—a�a~i U N N E w U U r:3 ram. IL _ _� � N Q Q N N U fA lO ti O �O c*i 25 ® PDR Target Areas R10AIR5A Zones Mineral Resource Lands CP Desig. r Lots with Ag. DesignationNacant Lots with Residential Structure (Non Ag. ) Miles 0 025 0.5 1 Feb 28, 2007 USE OF LHiATCOM COUNTY$ GI$OATA IMPLIES THE USERS AOREENENT VWTH THE FOUDWING STATEMENT. 44hatoom County dbddma any warranty of mamhan4eilty or werteiriy or iawse of this map for any particWm propose, ether express or IrMlind. No repreaerdatlon orwa ranlyls made co eaming he a=- sq, eanmcy, canpletanem or quality of date depicted on this map. Any umf of his map assumas al responatbl9ly forosa hereof, and f nher agrees to held Whatmm County heroine from and against any damage, loos, or liebiliy Mdng from any use of this map. Short Plats -12 Total Long Plats - 1 Total Single Family Residences - 34 Total N Mobile Home Residences - 16 Total Lommis Trail - Residential Develpment Received Permit System Applications 2000 - Jan. 2007 Showing March 2004 Orthophoto 26 Custer RIOA The Custer area is adjacent to active agricultural areas and encompasses many active farms. The proposed area serves as a buffer to expanding development in the Birch Bay Urban Growth Area. Approximately 62% of the area is in agricultural land use and 1,136 of the total 2,707 acres are registered in the Agriculture Open Space tax program. Additionally, 37% of the total acreage is in parcels greater than 40 acres and 52% of the total acreage is in parcels greater than 20 acres. Fifty percent of the area's soils are considered prime APO soils. Due to the proposed area's proximity to the Birch Bay UGA, development pressure is a concern to the longevity and viability of continued agricultural uses. Thirty-two percent of the total parcels are 5.00 acres or less. Between January 2000 and January 2007 the proposed Custer area received a total of 25 single family residential permits and 9 mobile hoarse permits. In addition, 3 short plat permits were recorded for this area in the same time period. 0 0,2 p.q Q files ®ppR Target Areas ,%� Mineral Resource Lands CP Desig. N June 28, 2006 Q R10AIR5A Zones March 2004 Orthophoto A Map C-4: Custer R10A Area (WCPDS 2006) 4 27 T Cl LO v v IT y CD CO qr T T Cn as T L a 4- 0 a Z 3 U a Q Cl Cl O N � G1 T 1 1 C_j m ¢ U Q Q Q O Q T TC� 2. O T O 0 0 IG LC7 p O r IL v U) T N A cD O] T M Op C� ti C] T C7] T CD r 04 a a Q O O L cu 41 C) N v T i (3 m U U L7 Q U)Q moQTV..o �¢¢T 20 oCDo �✓ a v LO T N A U o 0 O N Q r U Q Q U Q Q O Q Y Y O r O O O LO C� O m o o is 0 L a1cu a G1 N e r` � 3 dCD a 0 Q O Q Q O O o 0 N � a Q O m F O O O N CV a LO v LO CS r Cv A (V V ■ o o ■ ■ m Cl)as a i a CLf ID IL o z° IL ti r.r a o - n 12 Ci Mn LO w r C7 CO s ci 4) N a C ti eq E5 6� N CL C Q. CL U) a te„ = U) y c O N LL Q E_ CLO CCCD cq a a o '� LL Z Z. w t CL CL Uc a u n E a0i cu N¢ Q GC) n :� LL CL 0 0 0 o ■ o ®■ ■ ■ ■ ■ ■ e N ' 0 a tii ■ �� •_ jl�'�-mac y��a�,. ,may . 7• e N ■ cm � r ■ e r r N m t- ■ Qf (D T T LO T T T co" T LO N Lo @r) CV CD0 CO N M (D LO �-LANNC'� T U Q (v CD CLC m C2 U) CL t _ CO c0urur M Q E r 0 0z cU E (a+OH U E 2 Ut C6 U U as w LL � N C U�� 7 7 y U U aB Cp W" — C C QI QI.0 O j O CL CL ¢¢u7m>mLLa000 28 ® PDR Target Areas j Single Family Residences - 25 Total R10A1R5A Zones j Mobile Home Residences'- 9 Total N Mineral Resource Lands CP Desig. Short Plats - 3 Total Lots with Ag. DesignatioNvacant Lots with Residential Structure (Non-Ag.) Custer - Residential Develpment Miles Received Permit System Applications 2000 - Jan. 2007 0 0.15 0.3 0.6 Showing March 2004 Orthophoto -Feb: 28, 2007 Harksell Road R5A The Harksell Road area encompasses both the North Custer and South Custer PDR Target Areas. In addition, the proposed area serves as a buffer to the Ag40 zone to the north and east and as a barrier to expansion from the Ferndale Urban Growth Area to the south. Approximately 44% of the area is in agricultural land use and 1,247 of the total 3,323 acres are registered in the Agriculture Open Space tax program. Additionally, 11% of the total acreage is in parcels greater than 40 acres and 27% of the total acreage is in parcels greater than 20 acres. Ninety-nine percent of the area's soils are considered prime APO soils. Development pressure is a concern in the Harksell Road area due to the proximity of the area to the 1-5 Corridor and the City of Ferndale. Seventy-two percent of the total parcels are 5.00 acres or less. Between January 2000 and January 2007 the proposed area received a total of 34 single family residential permits and 21 mobile home permits. In addition, 7 short plat permits and 1 long plat permit were recorded for this area in the same time period. o� Miles ® PDR Target Areas ////. Mineral Resource Lands CP Desig. N 0 0.150.3 0.6 June 28, 2006 M R10AIR5AZones March 2004 Orthophoto A Map C-5: Harksell Road R5A Area (WCPDS 2006) 5 30 04 C) 04 0) 1- 0 LO a c; Zi I I I I 0 04 qt Lo (3 C, Cb o C5 cc Lo 6 V-- 'It iL V LD T C-4 A N m Ud 0, "" Cf) m LO LO Co C', C.) C6 LO V q <C) 0 '4�c C) It U) cc 0 04 a lid LM in C) 2 0 r 0 0 C; tu LD 0 1-: Iq CL V U) T- C14 A I < 0 < C) 0 R O cli � 13 IL cc < U < < o 1- < 0 C� C� %- 0 C� v LO 6 — cv v A m E3 El m 0 CO IL < < o 0 Q 0 6 cq 6 IT Ya < o C) < q E; R q VC) LO v ki C) — — C14 A 24 E3 El m m 4) 4) IL CD C%l 16 Cc CL LO r 0) U) < Q. 0 W -6 lam. ida WO)N z 2, C, eC 0 i :3 0 m U- ca co Q. rn Z co a E < c3 s o 0 2 < U) LL. IL 0 0 0 cL) El M El 0 M 0 0 0 0 R CL CO) "7 -:T,mil 13 clnloolj-Ilmlw V- CO M M V � co o0 OD t U') to cn LO CN qcq CD It V.- 0 V 0 cu co a CX CL 0 C6 U) U) 16 0 0 — iz I rm E 0 0) 0 M CL CL 0 0 z G w w , 0 LCOm U) LL a CL 75 - '0 E a fn r- 2 5 =2 C", 2.0 E a) m co 0) r- 0 w o = o CL CL -1 < < 05 � > LL iL 0 0 0 0 LO r- 31 32 East Badger Road RIOA The East Badger Road area is currently zoned R10A and is completely surrounded by the Ag40 zone. The proposed area contains many large parcels and 72% of the area is in agricultural land use. Approximately 1,455 of the total 2,090 acres are registered in the Agriculture Open Space tax program. Additionally, 24% of the total acreage is in parcels greater than 40 acres and 53% of the total acreage is in parcels greater than 20 acres. Sixty-nine percent of the area's soils are considered prime APO soils. To -date the East Badger Road has received minimal development pressure largely due to limited domestic well production and the presence and viability of farming activities. The proposed area is located within a portion of Whatcom County that is largely agricultural. Between January 2000 and January 2007 the proposed area received a total of 6 single family residential permits and 3 mobile home. permits. In addition, 6 short plat permits were recorded for this area in the same time period. Mlles ® PDR Target Areas ��� Mineral Resource Lands CP Desig. N 0 0,2 0.4 0.8 A Jane 28, 2006 Q R10AIR5A Zones March 2004 orthophoto N Map C-6: East Badger Road R10A Area (WCPDS 2006) 6 33 f-- OD CO T W Cr) N N lqr N T L 1c a Lb- 0 z 3 ¢¢ U 0 Q p p cc N � O ay r ci Q m Q ` Q Q _ U r Q1 p Q r r 0 ` O r 0 0 0 1c Lf) O O T d VLf) r N A n (m N co(D cr1 N O f-- rn LO o� O L a li Li Q} C 3 �¢¢ 0 < O O 20 O cc O N q Lj m m ¢ U ¢ `L z c:,T T ■ ` O r p p 0 d v Ln T N A N 3 " o a lc F m N 0 N 0 dCc Cc a C.) (1) a a9 el U GO O O N V r V Q Cl Q Q a 0 0 0 0 0 ■ ❑ ❑ im ■ ■ � C�r1 u Q Q C ¢ o 0 0 N ci V o m F o r o 0 0 N O LO V o o LO r CV v A ■ ❑ ❑' ■ ■ tm C v L a � M o d , N r 4 r3v k M� M 0 N °a N m c� a U CO U a N a CO c O cu of ,� E j aa) n a a� rn L E O Z y c y 0 m m o —' U` = z CL co sn co >> m m c z;E U U 01 L 2 i-Z E m 0) E o � e e o e ■ o an CF) V OOr00 NNMU)c- (Do � (D LO It qT Qr) 0) C-4 T T T T a) N cu (2 N d N N N C 4) (J) a - (J) �c 0 6� Din nE r0z�, c(1)) NOi- (� Q C U C 0 0 N"" M 0 C Q m � (n (n N N C y U 0 ,i¢¢Fn29tia000 O m O N e O el 34 R10A/R5A Zones ® PDR Target Areas r Mineral Resource Lands CP Desig. j Lots with Ag. DesignationNacant 0 Lots with Residential Structure (Non Ag.) Miles 0 0.2 0.4 0.8 Feb. Short Plats - 6 Total Single Family Residences - 6 Total A' Mobile Home Residences - 3 Total 1 V Badger Road - Residential Develpment Received Permit System Applications 2000 - Jan. 2007 Showing March 2004 Orthophoto Minaker Road RIOA The Minaker Road area is in close proximity to an active agricultural area and is bordered to the north and west by the Ag40 zone. The proposed area is a mixture of agriculture and forestry uses. Additionally, 28 of the forested 31 acres contain soils that are suitable for agriculture. Eighty-one percent of the total acreage is in parcels greater than 20 acres and 96% of the area is in agriculture land use. Approximately 271 of the total 286 acres are registered in the Agriculture Open Space tax program. Sixty-eight percent of the area's soils are considered prime APO soils. To -date the Minaker Road area has received minimal development pressure. Between January 2000 and January 2007 the proposed area received a total of 4 single family residential permits. In addition, 1 short plat permit was recorded for this area in the same time period. v�6+iles ®pDR Target Areas f%/ Mineral Resource Lands CP Desig. N 0 0.125025 0.5 A February 14, 2007 Q R10AIR5A Zones March 2004 Orthophoto Map C-7: Minaker Road R10A Area (WCPDS 2006) 7 36 y N Cl) r CO N N tl1 Ri a. O O Z 3 �QQ O Q o 0 � C)N IT 4) r i i CU m Q C) 41 O ¢ r r CD C5r000 d V LD , N A CQ CQ N CA M CO NNrr00 co a o a T C.) O Qoo �L CD 6 O N 't CU r 1 1 i = Lj ma¢¢¢o O r r `Or Co00 V U-) r N A v% C7 C7 Q C7 Q } ` 0 b O a N a OV Y CL ci Y C1 C1 U Q —+ Q U Q Q Q CO� COI-- S O O O O N_ O r C F. 0 CDa d) n. ago ,. Y 'per N d R ) C7 Q C7 Q C Cl ClClg 0 to a na i U (9 ¢ Q es F. S m F a a a a o v N G V cri N A ■ o a ■ ■ CU a. e a � � o co e G to r 0 U l0 Q 0 j Q O T (D y � O co 3 LLL = L m !v cmm C C 0 U E N U o n ® ■ ■ NCO COrr(D N N a v N � .a f Qw W a r0 a(D V ' y C cc N 7 LL C (D C U C[f Old �¢cn2>U 37 PD R Target Areas R10AIR5A Zones Mineral Resource Lands CP Desig Miles 0 0.15 0.3 0.6 Nov Z 2006 ,A Lots with Ag. DesignationNacant Lots with Resential Structure (Non Ag.) Z Single Family Residences - 4 Total * Short Plats - 1 Total N Minaker Rd. - Residential Develpment Received Permit System Applications 2000 - Feb. 2007 Showing March 2004 Orthophoto Lawrence Road RSA The Lawrence Road area is in an active agricultural area and serves as a buffer to the Ag40 zone to the south and west. Approximately 70% of the area is in agricultural land use and 310 of the total 503 acres are registered in the Agriculture Open Space tax program. Additionally, 44% of the total acreage is in parcels greater than 20 acres and 28% of the total acreage is in parcels greater than 40 acres. Eighty-eight percent of the area's soils are considered prime APO soils. While the proposed area currently consists of large parcels, the zoning designation is R5A and the potential for subdivision is high. Between January 2000 and January 2007 the proposed area received a total of 6 single family residential permits and 1 mobile home permits. La addition, 4 short plat permits were recorded for this area in the same time period. Imles ® PDR Target Areas ��� Mineral Resource Lands CP Desig. N o 012s 025 0.s March 2004 ortho A R10A1R5A Zones photo February 14, 2007 Q Map C-8: Lawrence Road R5A Area (WCPDS 2006) 8 39 ce) 00 c) � C%j Cf) 0 c) r` r` 'T C:) LO LO C3 < < 0 < ci 6 0 C%j 'T LMmQ d) r I i L) (3Li < 00 2 C) add Cc L6 O C) ': G. v LO r CN A Li U < QU < 0 0 q C5 C5 C� C� < < < O < q C3 Lr) q C; � v Ln - 04 A a 13 13 m m I (D Li Li C� 0!D 0 0 c N 6 d v 10 < C3 .Vol L) < L) L) !D 0 C3 In I-- q LO q O C3 T 4) iiO v m 1:1 6 04 A CO) c (L A N . . . . . . . . . . 0-1 W) CM Ch ri 0 6 z I � I ccnn I & CD 0- 0 co 0- 0 CO CL 0 6 N M rr 'LL M m CL (A N0 z Cal (D E E m (D LL Q a) _2 t L) L, Co '= 'r- C) m E a a r- 0 ca :1 0 < < i55 2 > LL am 0 Cl LO Em USE OF W HATCOM COUNTrS OIS DATA IMPLIES THE USERS AGREEMENT NTH THE FOLLOWING STATEMENT. Whatoarn Comfy 0sdalms any werrardy of merOwtabOy or w my of kneas of fts rnap for any panicalur purpose, ether e[prem or UMlied No represerda6on or warranty Is made conning the acde- ® acp, arreney, oompletanan or qualty of date depicted an this rap. ® Any user of fda map euumes at reaponsWity far use namor• and fuller agrees to hold Whaleom County harmless from and against any damage, low. orllabillty edv[ng tom any Loa of ma map. ® PDR Target Areas t Single Family Residences - 10 Total Q R10AIR5A Zones t Mobile Home Residences - 2 Total Mineral Resource Lands CP Desig. * Short Plats - 4 Total N Lots with Ag. Design ationNa cant Lots with Residential Structure (Non Ag.) Lawrence - Residential Develpment Miles Received Permit System Applications 2000 - Jan. 2007 Febb..28, 2007 0 2s 0•5 Showing March 2004 Orthophoto 41 South Fork Nooksack R5A and RIOA The South Fork Nooksack area contains pockets of prime agricultural land that has historically been farmed for decades. Approximately 30% of the proposed area is in agricultural land use and 268 acres of the total 1,762 acres is registered in the Agriculture Open Space tax program. Additionally, 50% of the South Fork Nooksack area's total acreage is in parcels greater than 10 acres. Eleven percent of the R5A zone's soils and twenty percent of the R10A zone's soils are considered prime APO soils. The pressure to develop the proposed area has remained minimal but the area is a desirable location for residential development given the availability of five acre lots. Between 2000 and August of 2006 the proposed area received a total of 9 single family residential permits and 1 mobile home permit. sMlles ® PDR Target Areas Mineral Resource Lands CP Desig. N 0 0.5 1 2 June 28, 2006 = R10AIR5AZones March 2004 Orthophoto A Map C-9: South Fork Nooksack R5A and R10A Area (WCPDS 2006) 9 42 y N C-4 � 0 0O a a 0 0 Z c ti ti 3 0QQ 0 Q O O ca O N V a 6 U mQ C.)QQT- a O ¢ O �oOOo aLrio"T a v ui N n a LO w J9 v QOONO00 OO CO !1� M M -C a O O Z L c 3QQ � 0 Q O CD 0 O O O O N V in ci ti ti Q Q 0 Q Q � O a CDCDQ � s-- O , 0 0 0 v% U C1 a C �] U Q Q O Q O L 0 m p o n °' 0 Y U U [) Q 0 Q Q Q Q m� o 0 0 uO 0 _o N d ■ Q 0 ■ ■ Qn a ++ � � o a a a, L � a a e 0 o A r � M e P it Q Q O O o 0 o n st r C] Q Q U Q Q Q o o LO O O r m o o 0 0 S] a) (0 a � 19a N °1ca a O C d o Z 6 G _ N CD N CA a N t 7 7 U N rn 2 A 2 C U N ;i A 0. E E U 0 0 T 0 cm N A M N �.- V- T T- o 0 (D 0 U) W a m a n T m •L Q � c� c O "i us U) ` 4) , 0 Q) i ca a00'�' rnU) Q L) 2:, a) a 0 I`D �3LL cn 'C U U � N E IG rn rn O m O 0 m M 'Cf 43 'grrnNr- N rn "qr ca 00 m c� �y `Y 0 0 Z 3 ¢¢ O ¢ p p CDN � r 1 1 V m a V a¢ Q a p ¢ CD ` O , O C) O to O O r 'T d V LO N A 1 U) U U Q U Q C ` ¢o 0 0 a o 19 U U U a w a ¢ ¢ ¢ r W o o 0 0 U) CDo It N d ■ ❑ ❑ ® ■ N Q1 IC � � D a a a 1 T e cm N ti T O rNN Y r1 00 (D N ti(oc+]o CO Nr ch V N [� N Y a O Z L O 3¢¢ o ¢ o 0 � O N C.1 m CU 1 CU V ¢ ¢ ¢¢�- O o a O 0 0 0 l016gp' � d V tO , N A 1 a 3 ° ¢ G -C) 0 � v a T C.)$ ro a a a o o a T m F- o. .- o o 0 0 v N Q V r{J -T N A ■ o o ■ ■ V) ro C a a m c a r N e Tco 0 M N a CL Q_ L V) C� C tl7 Mn 1 LD N JiE=i a Q0-oz - 8 o c ' m m V ,- o N 4D Z mm n M a U! tL c c C v ¢¢ 7 LL a 0 0 0 C L 0' ■ ® ■ ■ ■ ■ ■ ■ J a a 1 e e a co co ■ e O ■ o O u T G ■ co Q ■ o N d L a � T- O O z c*7 M a U N @ m U) uy r i C 0 C6LZ l0 a 0 � � � N Z 0.0 = O •� •C U C a N N m O m m cC D N C +' Erncn C C N MA � r� f� � O d• {� �- N N f��C+?N r 00 �(�ONO�mr � r N d• r � N r %%/, Mineral Resource Lands CP Desig. ® PDRTargetAreas R19A(R5A Zones Lots with Ag. DesignationNacant Lots with Residential Structure (Non-Ag. ) Miles 0 0.4 0.8 1.6 Feb. 28, 2007 t Single Family Residences - 9 Total 1 Mobile Home Residences - 1 Total N South Fork - Residential Develpment Received Permit System Applications 2000 - Jan. 2007 Showing March 2004 Orthophoto w.q 45 bb �^ � � M p N 01 m M U � O V'1 cU M Q 00 bD C/] 0 O PH lias"4.119g w a� o n n o p °moo o Cl n °� �� o N 1- V1 U N Q cUd U v, n 0 03 CD C7\ N O � o n CD g� 00 M fU cD ^' to V M R'' U Ln ti � � O C13 cd � d tArn \�O O <� PEd1, Slulloo 1 �-1 M V 1 00vi � w M � V) Volo M cro�°��� ¢a�~ ob =°� M ���,U 0C��� �v'OI2I o� a ����v�Nt �. o� �o w PH OUNi aay N � n n O n VOI2I \0 ���� oaten r v' gai.iPl'/aPin� d- Vol U M o V Opp 00p � Q� C#O o p� 00 q;)ppjV/aP!nq ,- tn v o O N V3 con OC43>e A ° ° ° 4 p 4-4 a� Q zap o 1-4 m VOIH b4 � N N U p N }1,1CS3100� �S N m Q9 00 iijoa q;no8 oo bD 4) �' c O• �+ m cd v Qo a? o `� m �p W� 00 v m VSH 7r3IRS7[00� o Q 00� on o Q U O = U ipolq�noS �a v' °° °'00 �M ����w� cu o Y S CL o 0000 m CD O 00 O N U PH aaua.abV� � `� �o � a� Q rD c 00V 00Q o ^" O 00 a U cn VOIH V n OQ PH daxculy� o. ,� '-' N � v i � � byC/)N N Q G4 C td o (ONCD vi U Q Vi U Q o o Q bw-\N 0 C\O mO VOIH PHa i Q °O a N 0 w C's' aoo 0 40. G a Q � +� N "O ,� � � a) rn a � •.r o a ° o ++ aka cd N d G On �. p 4-4 O a� u � a • �4 Q r--� V] E 47 I 0 a 00 n to en VOTH PUB VSH NanSNOONI 31aO3 qinOS PH 0au0.1eAn7 'n VOTH o IC 000 P2I .IaaInuty� CA VOi2i -Pu .IO2Png Ina ev" VSH M N PH IIasWuH `V VOIH aaisna VSH d N IIna,I, SIMOO.1 m Ki VOTH n cq n PH aP.w ual VOTH a\ PIIn VSH in N N en garaPlV/aPin ) o o a WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-140 CLEARANCES Initial Date Date Received in Council Office A enda Date Assam Nat Res / Council Originator: Kraig Olason II f =, �� ': _y `i � �� ,`; VIr?R 0 6 291 WHATCOM COUNTY COUNCIL 03113107 Manager: Linda Peterson ale Dept Head: Hal N. Hart 11 P1 b Prosecutor: Royce Buckingham Purchasing/Budget: Executive: SUBJECT. • Resolution for authorization of the purchase of a conservation easement on the Dickson farm property. ATTACHMENTS: Memo, Resolution, Memo -Royce Buckingham, Agreement Covering Terms of Sale, Conservation Easement and Site Map, Purchase & Sale Agreement. SEPA review required? { ) Yes { x } NO SEPA review completed? { ) Yes ( ) NO Should Clerk schedule a hearing ? { ) Yes , (X ) NO Requested Date: SUMMARY STATEMENT.• Authorization of purchase of a conservation easement under WCC 3.25A — Purchase of Agricultural Development Rights Program. The Dickson farm property is the fifth purchase under the PDR Matchin unds have been authorized b USDA or 50% o the program. gf y f f purchase price. A supplemental budget request has been included in Supplemental Budget #3, 2007 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 Fodension District Court Executive Pete Kremen Health Hearing Examiner Jail COUNCIL ACTION TAKEN. Juvenile Parks Planning Hal, H. Hart Prosecutor Royce Buckin ham Public Works Sheriff Superior Court Related County Contract #: Treasurer Other Related File Numbers: Ordinance or Resolution Number {this item): WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES 5280 Northwest Drive Bellingham, WA 98226 MEMORANDUM TO: Pete Kremen, Whatcom County Executive Whatcom County Council Hal H. Hart, AICP Director RECEIVED THROUGH: Hal H. Hart, AICP, Director AMA Dennis R. Rhodes, Assistant Director Planning & Development Services FROM: Linda J. Peterson, AICP, Planning Division Manage Kraig Olason, Senior Planner K0 DATE: February 28, 2007 MAR 0 2 2007 PE'f E KRENIEN COUNTY EXECUTIVE RE: Request for Authorization of Dickson Conservation Easement The purpose of this memo is to introduce the proposed fifth farmland purchase under the Whatcom County Purchase of Development Rights Program. The action requested of Council is to authorize purchase — based on the contingencies included in the purchase and sale agreement. Attachments to this memo include the purchase and sale agreement, resolution, conservation easement and exhibits, and agreement covering terms of sale. The proposed farmland property for purchase is the Dickson farm, which is located within the SE corner of Noon Road and Hemmi Road of unincorporated Whatcom County, WA. The property is approximately 41 acres and is currently farmed. A supplemental budget request of $181,550 will provide for the cost of purchase and other associated costs, including payment to the Whatcom Land Trust, and costs associated with closing and title insurance. The total purchase price for the three existing development rights on the farm is $170,000, and is acceptable to the owners. The value is derived by an appraisal completed by a professional appraiser. Half of the $170,000 will be reimbursed by the USDA-NRCS Farm and Ranchland Protection Program funds. The matching funds are from the NRCS 2004 matching grant. The purchase and sale agreement includes the understanding that the seller accepts the appraised price, terms and conditions contained in the conservation easement and understands that this purchase is contingent on receiving 50% matching funds from the USDA-NRCS Farm and Ranchland Protection Program. It obligates both parties to act on the agreement within 120 days of signature. With the exception of approving the Office (360) 676-6907 County (360) 380-8110 FAX (360) 738-2493 50 supplemental budget request ($181,550 supplemental budget request #3, 2007), no further Council action will be required for the purchase of this conservation easement if all the terms of the purchase and sale agreement are met. In the event that terms are not met, Council's authorization would terminate with the purchase and sale agreement. Any further dealing on the property would require a new purchase and sale agreement authorized by Council. A purchase and sale agreement provides several important benefits for both parties. First and probably most importantly, it clarifies what is being purchased and how both parties will conduct themselves between signing the offer and final purchase. Secondly, it allows for additional time to secure final documents, approvals etc. Upon authorization by County Council and the Natural Resource Conservation Service, final purchase of the Dickson farm property conservation easement can be completed. Please contact Kraig Olason, at extension 50264, if you have any questions or concerns regarding the terms of this request. 2 51 INTRODUCTION DATE: March 13, 2007 RESOLUTION NO. AUTHORIZING WHATCOM COUNTY EXECUTIVE TO PURCHASE DEVELOPMENT RIGHTS ON THE DICKSON FARM PROPERTY WHEREAS, Whatcom County government recognizes agriculture as a major contributor to the local economy and a high quality of life for Whatcom County citizens; and WHEREAS, The Growth Management Act and the County Comprehensive Plan support the retention of agricultural lands of long term commercial significance and encourage the use of innovative techniques to do so; and WHEREAS, Ordinance #92-002 enacted a property tax levy known as the Conservation Futures Tax as authorized by RCW 84.34.230 to provide a funding source to assist in acquiring open space, wetlands, farm and agricultural land, and timber land; and WHEREAS, Ordinance #2002-054 authorized the creation of a Purchase of Development Rights program for agricultural land within Whatcom County, and WHEREAS, Ordinance #2002-054 established a Purchase of Development Rights Oversight Committee to provide review and assistance to the PDR Administrator, and WHEREAS, Resolution # 2002-040 adopted the PDR Guidelines Document which includes specific direction for program administration and conservation easement acquisitions, and WHEREAS, Resolution # 2005-014 adopted the PDR Committee's ranking of applications for Round 4, 2005 and authorized the PDR Administrator to proceed with acquisition process, and WHEREAS, The Dickson farm property has been appraised and a conservation easement has been drafted which meets the requirements of both the Whatcom County Agricultural Purchase of Development Rights Program and the Federal Farm and Ranch Land Protection Program, and WHEREAS, Matching federal funds will be provided by the Natural Resource Conservation Service from the Farm and Ranch Land Protection Program to cover 50% of the purchase price, and WHEREAS, The landowners have agreed to the offer price and conservation easement conditions. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that: h2 Planning Divisionli PDR ProgramlApplicants-20051DicksonlResolution_Dickson_purchase.doc 52 1. The Executive is authorized to purchase the development rights of the property as identified in Exhibit 1 of this resolution (the Conservation Easement) for the full appraisal amount and to expend any additional funds necessary to cover other purchase related costs provided that all terms and conditions of the purchase are satisfied. ADOPTED this day of , 2007 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Chair Clerk of the Council APPROVED as to Prosecutor O Approved O Denied Pete Kremen, Executive Date: lA2 Planning Divisionll PDR Program'Applicants-20051DicksonlResolution_Dickson_purchase.doc 53 (211612007) Kraig Qlason '.---Conservation Easement Purchase and Sale Agreement 2007 Page 1 From: Royce Buckingham To: Kraig Olason Date: 2/15/2007 3:32 PM Subject: Conservation Easement Purchase and Sale Agreement 2007 I have reviewed the purchase and sale agreement. It appears to be in proper form and appropriate for its intended purchase. It establishes consideration for to the separate easement to be attached. Thank you, rsb 54 (211-6L0—O )Kraig Olason -Conservation Easement Page 1 From: Royce Buckingham To: Kraig Olason Date: 2/15/2007 3:36 PM Subject: Conservation Easement The conservation easement appears to be in proper form. I have reviewed copies of our standard easement form previously, and this version appears to be consistent. rsb 55 Purchase of Development Rights 4versig-4t Committee Planning and Development Services, Suite A 5280 Northwest Drive 360 676-6907 Contact: Kraig Olason November 14, 2006 The Estate of Paul Dickson 6249 Noon Road Everson, WA 98247 Subject: Proposal to Purchase Development Rights. Dear Dickson Family: Whatcom County is interested in purchasing your development rights on Assessor Parcel number 390315 462070. The referenced parcel totals 41.40 acres and includes three additional residential densities. This offer to purchase the three remaining residential densities is contingent on authorization by Whatcom County Council and further contingent on approval of the conservation easement and appraisal by the Natural Resource Conservation Service. The offer of $170,000 requires compliance with the provisions of the Whatcom County PDR Program Purchase and Sales Agreement and the recording of the approved conservation easement at closing. Funds would be distributed as a one-time lump -sum payment. lf, ou agree to the terms and requirements of this offer as contained herein and within the ogler referenced documents please affirm your acceptance by signing in the signature block below. Sincerely, KOl son PDR Administrator I accept the offer as described above: �oName: N Date: Date:.42 - � - Q 6' _ LU Planning Divisionll PDR Progrant�-Applica it,-20050icl:sonloffer letter.doc 56 AGREEMENT COVERING TERMS OF SALE This AGREEMENT COVERING TERMS OF SALE OF A CONSERVATION EASEMENT ("Agreement") is entered into on t� month/day-,f&2006 between Whatcom County, a municipal corporation ("Buyer"), and the Estate of Paul Dickson, ("Sellers"). The purpose of this agreement is clarify the general terms of sale involved in the purchase of an agricultural protection conservation easement on the Dickson Farm Property, a property of approximately 41.40 acres within the SE corner of East Hemmi Road and Noon Road of unincorporated Whatcom County, WA. The property is being purchased under the County's Purchase of Development Rights Program. This program includes matching funds from the United States Department of Agriculture's Farm and Ranchland Protection program and local "Conservation Futures" funds. Whatcom County anticipates a decision regarding this purchase within 60 days. This agreement constitutes a commitment on the part of the Sellers to the following: 1. Real Property- Sellers agree to sell an Easement in perpetuity over the Property, consisting of certain rights and restrictions as defined in the Easement. This Agreement is contingent on Sellers and the Whatcom Land Trust agreeing on the Baseline Data as described in Section XI of the Easement, upon United States Department of Agriculture providing a portion of the purchase price in the amount of $85,000.00 and upon Whatcom County Council allocating funds and authorizing purchase of the conservation easement on property. 2. Agreed Price. The price offered for the Conservation Easement ("Agreed Price") is one hundred and seventy thousand DOLLARS ($170,000.00). The Agreed Price, less the Sellers' share of closing costs, will be paid to Sellers at closing. 3. Title Policy_ Sellers shall cause First American Title Company to issue to Grantees at closing a standard coverage owner's policy of title insurance insuring Grantees' title to the Conservation Easement in the full amount of the Offer Price subject only to the Permitted Encumbrances ("Title Policy"). The Title Policy must be dated as of the date of execution and delivery of the Conservation Easement (the "Closing Date"). 4. Closing. The costs of closing, including but not limited to title insurance and fees of an escrow agent, shall be divided and borne equally by the parties except for excise tax which shall be paid by Sellers. The Sellers' share shall be deducted from the Purchase Price and the reduced amount shall be reflected in the final payment. Closing will occur within 60 days of the signing of this Agreement, unless the parties agree otherwise. 57 CONSERVATION EASEMENT PURCHASE AND SALE AGREEMENT This CONSERVATION EASEMENT PURCHASE AND SALE AGREEMENT ("Agreement") is entered into on month/date , 2007 between Whatcom County, a municipal corporation ("Buyer"), and the Estate of Paul Dickson, property owner ("Sellers"). RECITALS: A. Sellers are fee simple owners of real property (the "Property") in Whatcom County, Washington. Exhibit A of Attachment # 1 is the legal description of the Property and is incorporated herein by reference. B. The Buyer wishes to protect the Property from development and preserve its quality as productive farmland. C. The Buyer desires to purchase and the Sellers desire to sell an agricultural protection conservation easement (Easement) under which Whatcom County and Whatcom Land Trust are grantees, a copy of which is attached as Attachment # 1 and is incorporated herein by reference. D. The Federal Farm and Ranchland Protection Program's purpose is to purchase conservation easements in land with prime, unique, or other productive soil for the purpose of protecting topsoil from conversion to nonagricultural uses (16 USC 3838h-I). Sellers acknowledge that $85,000 is provided by the United States Department of Agriculture (United States), through the Farm and Ranchland Protection Program, and thus entitles such Secretary to the rights identified in the Easement. E. The Property is approximately 41.40 acres and is currently farmed. F. The Property has significant agricultural value to the Buyer and to the • people of Whatcom County and the State of Washington. G. Conveyance of rights and imposition of restrictions described in the Easement furthers the intent of Whatcom County Ordinance No. 2002-054, provided as Exhibit C of the Easement, to preserve land for agricultural purposes and has substantial public benefits. H. As owners of the Property, Sellers have the right to convey the rights and restrictions contained in the Easement in perpetuity. NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Sellers and Buyer agree as follows: AGREEMENT 1. Real Property. Sellers agree to sell and Buyers agree to purchase an Easement in perpetuity over the Property, consisting of certain rights and restrictions as defined in the Easement. This Agreement is contingent on Sellers and the Whatcom Land Trust agreeing on the Baseline Data as described in Section X of the Easement. In addition, Sellers agree to reacquire the mineral, oil and gas reservations held by the Federal Land Bank of Spokane (now Northwest Farm Credit Services) prior to closing. Either of the following options are acceptable: a. A re -conveyance of surface right of entry and all mineral rights to a depth of 500 feet through a quitclaim from Northwest Farm Credit Services to the subject property ; or b. A re -conveyance of all mineral reservation except the reservation of an 8% royalty interest in the property by a quitclaim from Northwest Farm Credit Services to the subject property. 2. Purchase Price. The total purchase price for the Conservation Easement ("Purchase Price") is one hundred and seventy thousand DOLLARS ($170,000.00). The Purchase Price, less the Seller's share of closing costs, will be paid to Sellers at closing. 3. Title Policy. Sellers shall cause First American Title Company to issue to Grantees at closing a standard coverage owner's policy of title insurance insuring Grantees' title to the Conservation Easement in the full amount of the Purchase Price subject only to the Permitted Encumbrances ("Title Policy"). The Title Policy must be dated as of the date of execution and delivery of the Conservation Easement (the "Closing Date"). 4. Closing. The costs of closing, including but not limited to title insurance and fees of an escrow agent, if any, shall be divided and borne equally by the parties except for excise tax which shall be paid by Sellers. The Sellers' share shall be deducted from the Purchase Price and the reduced amount shall be reflected in the final payment. Closing will occur within 60 days of the signing of this Agreement, unless the parties agree otherwise. 5. Notices. Any notice under this Agreement must be in writing and be personally delivered, delivered by recognized overnight courier service, given by mail or via facsimile. E-mail transmission of notice shall not be effective. All notices must be addressed to the parties at the following addresses, or at such other addresses as the parties may from time to time direct in writing: Buyer: Whatcom County Attn: Kraig Olason 5280 NW Drive Bellingham, WA 98226 59 With a copy to: Whatcom County Prosecutor's Office Attn: Royce Buckingham 311 Grand Ave. Bellingham, WA 98225 Facsimile No.: 360-738-4561 Seller: The Estate of Paul Dickson 6249 Noon Road Everson, WA 98247 Any notice will be deemed to have been given, when personally delivered, and if delivered by courier service, one business day after deposit with the courier service, and if mailed, two business days after deposit in the U.S. mail, and if delivered by facsimile, the same day as verified. 6. Counterparts; Faxed Signatures. This Agreement may be executed in any number of counterparts and by different parties hereto, each of which counterpart when so executed shall have the same force and effect as if that party had signed all other counterparts. Facsimile transmitted signatures shall be fully binding and effective for all purposes. 7. Amendments. This Agreement may be amended or modified only by a written instrument executed by Sellers and Buyer. 8. Governing Law_ This Agreement will be governed by and construed in accordance with the laws of the state of Washington. 9. Time of the Essence. Time is of the essence of this Agreement and of all acts required to be done and performed by the parties hereto. 10. Nonmerger. The terms and provisions of this Agreement, including without limitation, all indemnification obligations, will not merge in, but will survive, the closing of the transaction contemplated under the Agreement. 11. Assignment. Buyer shall not assign this Agreement without Sellers' prior written consent. Sellers may not assign this Agreement, except in -whole without the Buyer's prior written consent. As a condition to approving any assignment of this Agreement, Buyer may require that the assignee confirm its status as an institutional investor or otherwise confirm compliance with any securities laws. No assignee of this Agreement shall ever be permitted to certificate the payments to be made by the Buyer under this Agreement as part of a private placement or public securities offering. 12. Additional Acts. Except as otherwise provided herein, in addition to the acts and deeds recited herein and contemplated to be performed, executed and/or delivered by any party hereto, the parties agree to perform, execute and/or deliver, or cause to be performed, executed and/or delivered, any and all such further acts, deeds and assurances, which may reasonably be required to effect the Agreement contemplated herein. 13. Condition of Property. Sellers agree to deliver the property to the buyer in the condition that it was in on the date of this Agreement. Any activities undertaken by anyone, with or without the Sellers' permission and not permitted in Section VI of Exhibit A, or other activities that result in property waste or render the property unsuitable or unable to comply with the purpose of the conservation easement as contained in Section III of Exhibit A are prohibited. Such shall make this agreement voidable by the County at its discretion. 14. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the purchase and sale of the Easement, and supersedes all prior agreements and understandings, oral or written, between the parties relating to the subject matter of this Agreement. 61 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. BUYER: SELLERS: WHATCOM COUNTY, a municipal corporation Date: Date: Property Owners Date: Pete Kremen, Executive Approved as to form: Date: 2-l5" d 7 yset<ting Attorney, Whatcom County .A After Recording Return To: Whatcom Land Trust P.O. Box 6131 Bellingham, WA 98227 DOCUMENT TITLE: WHATCOM COUNTY AGRICULTURAL PROTECTION CONSERVATION EASEMENT GRANTORS: ESTATE OF PAUL DICKSON GRANTEES: WHATCOM LAND TRUST, WHATCOM COUNTY AND UNITED STATES OF AMERICA ABBR. LEGAL DESCRIPTION: P# 390315 462070 -- SE % of the SE % of SE. 15, TWP. 39N, RA. 3E of W.M., except right of way for East Hemmi Road, lying along the south line thereof and Noon Road lying along the east line therof. DICKSON AGRICULTURAL PROTECTION CONSERVATION EASEMENT This grant of an agricultural protection conservation easement ("Easement") is made this day of 2007, by the Estate of Paul Dickson (referred to in this document as "Grantors") to the WHATCOM LAND TRUST, WHATCOM COUNTY, and the UNITED STATES OF AMERICA (referred to in this easement as "Grantees.") I. RECITALS. The following recitals are a material part of this Easement. A. Grantors are fee simple owner of real property (the "Property") in Whatcom County, Washington, that is the subject of this Easement. Exhibit A is the legal description and Exhibit B a site plan for that Property, both of which are attached and incorporated herein by reference. B. The federal Farm and Ranchland Protection Program's purpose is to purchase conservation easements in land with prime, unique, or other productive soil for the purpose of protecting topsoil from conversion to nonagricultural uses (16 USC 3838h-I). That Grantor acknowledges that $85,000 was. provided by the United States Department of Agriculture (United States), through the Farm and Ranchland Protection Program, and thus entitles such Secretary to the rights identified herein. 63 C. While "Grantees" include both the Whatcorn Land Trust, Whatcorn County, United States of America or its assigns, use of the terra "Grantees" does not imply that joint approval is required to exercise Grantees' rights and responsibilities under this Easement. Those rights and responsibilities may be independently exercised by either Grantee. D. The Property is approximately 41.40 acres and is currently farmed. E. The Property has significant agricultural value to Grantees and to the people of Whatcom County and the State of Washington. F. Grantors and Grantees agree that the conveyance of rights and imposition of restrictions described in this Easement furthers the intent of Whatcom County Ordinance No. 2002-054, provided in Exhibit C, to preserve land for agricultural purposes and has substantial public benefits. G. As owners of the Property, Grantors have the right to convey the rights and restrictions contained in this Easement in perpetuity. II. CONVEYANCE AND CONSIDERATION. A. For the reasons stated above, in consideration of mutual covenants, terms, conditions, and restrictions contained in this Easement, and in consideration of payment of $170,000 by Whatcom County and the United States to Grantors, Grantors hereby grant, convey and warrant to Grantees a Conservation Easement in perpetuity over the Property, consisting of certain rights and restrictions as defined in this Easement. B. This Easement is a conveyance of an interest in real property under the provisions of RCW 64.04.130. C. Grantors and Grantees intend that this Easement run with the land and that it shall be binding upon Grantor's personal representatives, heirs, successors and assigns in perpetuity. 2 M III. PURPOSE. The purpose of this Easement is to: (1) protect the present and future ability to use the Property for agricultural purposes; (2) preserve the soil as a valuable resource and prevent activities that will impair the ability, now or in the future, to use the soil to produce food and fiber; (3) enable the Property to remain in agricultural use for the production of food and fiber by preserving and protecting in perpetuity its agricultural values, character, use and utility, and to prevent any use or condition of the Property that would significantly impair or interfere with its agricultural values, character, use or utility. The grant of this Easement will also serve the "conservation purpose" of farmland protection as identified in Section 170(h)(4)(A) of the Internal Revenue Code. This statement of purpose is intended as a substantive provision of the Easement. Any ambiguity or uncertainty regarding the application of the provisions of this Easement will be resolved so as to further this purpose. IV. RELATIONSHIP OF PARTIES. A. Unless noted otherwise, Whatcom County, the Whatcom Land Trust, and the United States of America share all rights and responsibilities of Grantees under this Easement. For purposes of administering, monitoring and enforcing the terms of the Easement, the Whatcom Land Trust is the lead Grantee, unless Grantors are notified otherwise. As the lead Grantee, the Whatcom Land Trust has authority to act alone and at its sole discretion in exercising all rights and responsibilities of Grantees under this Easement. Grantors shall treat the Whatcom Land Trust as their contact for all matters regarding this Easement. Whatcom County and the Whatcom Land Trust may jointly take enforcement action, or if the Whatcom Land Trust fails to enforce the terms of this Easement, Whatcom County may do so alone. B. The above section IV. A. does not pertain to monitoring and enforcement of a conservation plan, the responsibility for which rests with the Natural Resource Conservation Service and Whatcom County as described in section VII. A. below. V. RIGHTS OF THE UNITED STATES OF AMERICA. A. Under this Conservation Easement, the same rights are granted to the United States that is granted to Whatcom County and Whatcom Land Trust. However, the Secretary of the United States Department of Agriculture (Mike Johanns), on behalf of the United States, will only exercise these rights under the following circumstances: In the event that Whatcom County and Whatcom Land Trust fails to enforce any of the terms of this Conservation Easement, as determined in the sole discretion of the Secretary, the Secretary and his or her successors or assigns may exercise the United States' rights to enforce the terms of this Conservation 3 65 Easement through any and all authorities available under Federal or State law. In the event that Whatcom County and Whatcom Land Trust attempts to terminate, transfer or otherwise divest itself of any rights, title, or interest in this Conservation Easement without the prior consent of the Secretary and, if applicable, payment of consideration of the United States, then, at the option of the Secretary, all right, title, and interest in this Conservation Easement shall become vested solely in the United States of America. VI. PERMITTED USES AND ACTIVITIES. Grantors may: A. Engage in uses and activities consistent with the purpose of this Easement so long as those uses or activities are not expressly prohibited in Section VII below. B. Continue any use or activity not permitted by this easement at the time this Easement is signed provided it is not contrary to the purposes of this easement and provided that it is agreed to in writing by the parties of this agreement. C. Existing agricultural structures may be removed, maintained, expanded or replaced and new agricultural structures and improvements used primarily for agricultural enterprises may be constructed by the Grantors on the Property within the "Farmstead", as defined in section XI of this agreement, so long as expansion or new construction does not exceed the area of impervious surfaces allowed in Section VII D. Agricultural structures may include, without limitation, offices, warehouses, temporary farm worker housing, livestock housing and related structures, equipment storage and maintenance facilities, facilities related to the processing and sale of farm products predominately grown on the Property, so long as the structures' primary use is to support the agricultural activities on the Property or agricultural activities on other parcels under the control of the Grantors. D. New agricultural buildings, structures or improvements proposed for locations outside of "Farmstead Area" - may be built or placed only with the written permission of the Grantee. Permission shall be granted only if the agricultural productive capacity and open space character of the Property are not significantly impaired by the construction and use of such structures, disturbance to prime, unique and important soils is minimized and all structures individually and combined are consistent with the terms of this Easement. 4 VII. PROHIBITED USES AND ACTIVITIES. Unless specifically permitted by Section VI above, Grantors shall not engage in or permit any of the following activities on the Property: A. Use or activities inconsistent with the purpose of this easement; B. Legal or "de facto' division, subdivision, or partitioning of the land or the separate sale of any portion of the Property, even if that portion of the Property constitutes a separate legal parcel. This restriction does not prohibit minor boundary line adjustments with adjoining agricultural land, provided there is no net loss of land to the Property, and provided that no new parcel may be created by such boundary line adjustments, and such adjustments does not affect over two acres in total for the entire Property. Any new land gained through a boundary line adjustment is subject to the terms of this agreement; C. Place or construct any residential building, structures, or other residential improvements of any kind. D. Cover more than six percent (6%) of the area (108,203 square feet) of the Property with impervious surfaces, including, without limitation, asphalt, concrete, gravel, buildings, or ponds, except animal waste holding ponds; E. Construct or expand non-agricultural structures or facilities; F. Conduct any non -farm related commercial activity using over one percent (1 %) or one acre of the Property, whichever is less, unless that non -farm related commercial activity utilizes buildings existing at the time the Conservation Easement is signed and does not involve installation of facilities or expenditure of capital that would hinder the future use of buildings for agricultural purposes; G. Conduct any use or activity that removes or degrades the soil or impairs the ability to farm the Property except for the construction of conservation facilities or implementation best management practices; H. Transfer, encumber, lease, sell or otherwise separate water rights from title to the Property; Mine or extract soil, sand, gravel, oil or other mineral, except that Grantors may extract soil, sand, and gravel soley for a permitted use on the Property in a manner consistent with the conservation purposes of this easement. Such alteration shall not exceed 2 acres. Land subject to such alteration shall be returned to pre - activity conditions in accordance with baseline data set forth in Exhibit E. 5 67 J. Expand or intensify any use or activity existing at the time this Easement is signed that is contrary to the purpose of this Easement or prohibited in this section. VIII. CONSERVATION PLAN. A. As required by section 1238I of the Food Security Act of 1985, as amended, the Grantors, their heirs, successors, or assigns, shall conduct all agricultural operations on the Protected Property in a manner consistent with a conservation plan prepared in consultation with NRCS and approved by the Conservation District. This conservation plan shall be developed using standards and specifications of the NRCS Field Office Technical Guide and 7 CFR Part 12 that are in effect on the date this easement is executed. However, the Grantors may develop and implement a conservation plan that proposes a higher level of conservation and is consistent with NRCS Field Office Technical Guide standards and specifications. NRCS shall have the right to enter upon the Property, with advanced notice to the Grantors, in order to monitor compliance with the conservation plan. In the event of noncompliance with the conservation plan, NRCS shall work with the Grantors to explore methods of compliance and give the Grantors a reasonable amount of time, not to exceed twelve months, to take corrective action. If the Grantors do not comply with the conservation plan, NRCS will inform Grantee Whatcom County of the Grantors' noncompliance. Whatcom County shall take all reasonable steps (including efforts at securing voluntary compliance and, if necessary, appropriate legal action) to secure compliance with the conservation plan following written notification from NRCS that (a) there is a substantial, ongoing event or circumstance of non-compliance with the conservation plan, (b) NRCS has worked with the Grantors to correct such noncompliance, and (c) Grantors have exhausted his appeal rights under applicable NRCS regulations. If the NRCS standards and specifications for highly erodible land are revised after the date of this Grant based on an Act of Congress, NRCS will work cooperatively with the Grantors to develop and implement a revised conservation plan. The provisions of this section apply to the highly erodible land conservation requirements of the Farm and Ranchland Protection Program and are not intended to affect another other natural resources conservation requirements to which the Grantors may be or become subject. B. For the purpose of this Conservation Easement, references and requirements relating to highly erodible lands do not apply to land over which this Conservation Easement is granted. There are no highly erodible lands on the Property and none have been designated in Whatcom County. 0 IX. RIGHTS CONVEYED TO GRANTEES. To accomplish the purpose of this Easement, the following rights are conveyed to Grantees: A. To accomplish the purpose of this Easement and to enforce specific rights and restrictions contained in the Easement; B. (1) To enter the land at least once a year, at a mutually agreeable time and upon notice to the Grantors, for the purpose of inspection and monitoring compliance with this Easement; (2) To enter the land at such other times as necessary if Grantees have reason to believe that a violation of the Easement is occurring or has occurred, for the purpose of mitigating or terminating the violation and otherwise enforcing the provisions of the Easement. Such entry will be with prior notice as is reasonable under the circumstances. C. In the event of uses or activities inconsistent with the purpose and provisions of this Easement, Grantees may obtain damages, an injunction, abatement, rescission, restoration and any other remedies available in law or equity. D. Forbearance by Grantees to exercise any rights under this Easement in the event of a breach shall not be deemed to be a waiver of Grantees' rights under the Easement. X. NO PUBLIC ACCESS. This Easement provides no right of access to the general public. XI. BASELINE DATA. To establish the present condition of the Property so that Grantees are able to monitor future uses and assure compliance with the terms of this Easement, Grantees will, at their expense, by the date of this Easement prepare baseline data sufficient to establish the condition of the Property as of the signing of this Easement. The baseline data may consist of reports, maps, photographs, and other documentation. The baseline data will specifically establish the extent of the Farmstead, which includes that portion of the Property used for primary and secondary agricultural buildings, structures and improvements and those adjacent areas where future expansion of buildings, structures and improvements are contemplated. The area not included in the Farmstead will be depicted under the category of "Farmland". Farmland may include nonfarm areas such as critical areas and woodlands as well as cropland or grazing land. Grantors 7 and Grantees will execute a statement verifying that the baseline data accurately represents the condition of the Property as of this time. Baseline data is contained in Exhibit E. XII. INFORMAL DISPUTE RESOLUTION. Grantors agree to notify Grantees of any intended action that a reasonable person might believe to violate the terms of this Easement. Should a dispute arise concerning compliance with this Easement, Grantors and Grantees will meet within 15 days to discuss the matter in dispute. By mutual agreement, the Grantor and Grantees may agree to refer the matter in dispute to mediation or arbitration under such rules as the parties may agree. If arbitration is pursued, the prevailing party will be entitled to such relief as may be granted, to a reasonable sum for its costs and expenses related to the arbitration, including fees and expenses of the arbitrator and attorneys. Grantees may, at their discretion, forgo these informal dispute resolution alternatives if continuation of the use or activity in dispute threatens the purpose of this Easement. XIII. GRANTEES' REMEDIES. A. If Grantees determine that the Grantors are in violation of the terms of this Easement or that a violation is threatened, Grantees shall give written notice to the Grantors of such violation and request corrective action sufficient to cure the violation and to restore the Property to its prior condition. B. If Grantors do not take immediate action to cure the violation and restore the Property, Grantees may institute legal proceedings for injunctive relief, abatement, restoration, rescission of contract, or damages, including costs and attorneys' fees reasonably incurred in prosecuting the action, and any other remedies available in law or equity. C. In the event Grantees take legal action to enforce the terms of this Easement, the cost of restoring the Property and Grantees' reasonable enforcement expenses, including attorneys' and consultants' fees, shall be borne by Grantors against whom a judgment is entered. In the event Grantees secure redress for an Easement violation without initiating or completing judicial proceedings, the cost of such restoration and reasonable expenses shall be borne by Grantors who are otherwise determined to be responsible for the unauthorized use or activity. If Grantor ultimately prevails in any judicial proceedings initiated by Grantees to enforce the terms of this Easement, each party shall bear its own costs. D. If Grantees, in their sole discretion, determine that circumstances require immediate action to prevent or mitigate significant damage in violation of this Easement, Grantees may immediately pursue their legal remedies without prior notice to Grantors as set forth in paragraph A. 8 70 E. Grantees may not recover damages or require restoration for damage to the Property resulting from causes beyond Grantors' control, such as fire, flood, storm, or earth movement, that Grantors could not reasonably have anticipated or prevented. XIV. RESPONSIBILITY FOR COST AND LIABILITIES. Grantees assume no affirmative obligations for the management, supervision or control of the Property or any of the activities occurring on the Property. Grantors retain all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Property, including maintenance of adequate liability insurance and payment of all taxes. Grantors shall indemnify Grantees and the United States, and hold Grantees and the United States harmless from all damages, costs (including, but not limited to, attorneys' fees and other costs of defense incurred by Grantees), and other expenses of every kind arising from or incident to any claim or action for damages including but not limited to, the release, use or deposit of any hazardous substance on the Property, injury or loss suffered or alleged to have been suffered on or with respect to the Property. XV. EXTINGUISHMENT AND TRANSFER. A. If circumstances arise that render the purpose of this Easement impossible to accomplish, the Easement can be extinguished only by judicial proceedings and upon approval of the United States. In the event of such an extinguishment or the taking of the Property by the exercise of the power of eminent domain, Grantors shall pay to Whatcom County and the Commodity Credit Corporation in proportion to their contribution to the purchase price. At the time this easement was recorded the United States contribution was 50 percent and Whatcom County's contribution was 50 percent. The amount owed to the United States and Whatcom County shall be determined by subtracting the fair market value of the Property subject to this Easement from the fair market value of the property unrestricted by this Easement, at the time of extinguishment or condemnation B. Grantors agree to: Incorporate the terms of this Easement by reference in any deed, lease, executory contract or other legal instrument by which he divests himself, or intends to divest himself, of any permanent or temporary interest in the Property. 2. Give written notice to the Grantees of the transfer of any interest in the Property no later than 45 days prior to the date of such transfer. Such notice shall include the name, address, and telephone number of the prospective recipient. Failure to provide such notice to the Grantees shall 9 71 not limit the legal obligations imposed by this Easement on any recipient of an interest in the Property. C. Grantees' rights and interest in this Easement are assignable only to an agency or organization that is approved by United States and Whatcom County and authorized to hold conservation easements under RCW 64.04.130 or RCW 84.34.250, or otherwise qualified at the time of transfer under Section 170(h) of the Internal Revenue Code of 1986, as amended. As a condition of such transfer, Grantees shall require that the transferee exercise its rights under the assignment consistent with the purpose of this Easement. Grantees shall notify Grantor in writing in advance of such an assignment. The failure of Grantees to give such notice shall not affect the validity of such assignment, nor shall it impair the validity of this Easement or limit its enforceability. XVI. AMENDMENT. Upon approval of the United States, Grantors and Grantees may agree to amend this Easement provided that such an amendment does not diminish the effectiveness of this Easement in carrying out its purpose and that the result of the amendment is to strengthen the effectiveness of the Easement. XVII. SUBORDINATION. Any mortgage or lien arising after the date of the conservation easement shall be subordinated to the terms of this easement. XVIII. GENERAL PROVISIONS A. Controlling Law. The interpretation or performance of this Easement shall be governed by the laws of the State of Washington. Any legal proceeding regarding this Easement shall be initiated in Whatcom County Superior Court. B. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the purpose of this easement and the policy and purpose of RCW 64.04.130 and Chapter 84.34 RCW and Whatcom County Ordinance 2002-054. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Easement that would render that provision valid shall be favored over an interpretation that would render it invalid. 10 72 C. Severability. If any provision of this Easement, or its application to any person or circumstance, is found to be invalid, the remainder of the Easement, or its application of such provision to persons or circumstances other than those to which it is found to be invalid, as the case may be, shall not be affected. D. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Property and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Property, all of which are merged into this Easement. E. No Forfeiture. Nothing contained in this Easement will result in a forfeiture or revision of Grantors' title in any respect. B. Warranty of Good Title. Grantor warrants that Grantor has good title to the Property; that the Grantor has the right to convey this conservation easement; and that the Property is free and clear of any encumbrances other than those listed below. G. Grantors -Grantees. The terms "Grantors" and "Grantees," wherever used in this Easement, and any pronouns used in their place, shall be held to mean and include respectively the above named Grantors, their personal representatives, heirs, successors, and assigns, and the above - named Grantees, their personal representatives, successors and assigns. H. Successors and Assigns. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties to this Easement and their respective personal representatives, heirs, successors, and assigns, and shall continue as a servitude running in perpetuity with the Property. 1. Federal Enforcement. In the event that the Grantees fail to enforce the terms of this Easement as determined in the sole discretion of the Secretary of the United States Department of Agriculture ("Secretary"), the Secretary, his successors and assigns shall have the right to enforce the 11 73 terms of the Easement through any and all authorities available under Federal or Sate law. In the event that the Grantees attempt to terminate, transfer or otherwise divest itself of rights, title or interest in the Easement or extinguish the Easement without prior consent of the Secretary, all right, title, or interest in this Easement shall become vested in the United States of America. J. Indemnification The landowners shall indemnify, defend, and hold the United States harmless for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of Whatcom County and the Whatcom Land Trust in connection with its acquisition and management of the conservation easements acquired through the Farm and Ranch Lands Protection Program. This indemnification and hold harmless provision includes but is not limited to acts and omissions of Whatcom County and the Whatcom Land Trust agents, successors, assigns, employees, contractors, or lessees in connection with the acquisition and management of the conservation easements acquired through the Farm and Ranch Lands Protection Program, which result in violations of any laws and regulations which are now or which may in the future become applicable. K. Hazardous Materials Warranty Whatcom County, the Whatcom Land Trust and the United States of America are not responsible for the misuse of hazardous materials . XIX. SCHEDULE OF EXHIBITS. A. Legal Description of Property Subject to Easement. B. Site Map. C. Ordinance 4 2002-054 D. Baseline Data ACCEPTANCE OF PROPERTY INTEREST BY THE NATURAL RESOURCES CONSERVATION SERVICE The Natural Resources Conservation Service, an agency of the United States Government, hereby accepts and approves the foregoing conservation easement deed, and the rights conveyed therein, on behalf of the United States of America. 12 74 Authorized Signatory for the NRCS State of _ County of Date On this day of , 200_, before me, the undersigned, a Notary Public in and for the State, personally appeared known or proved to me to be the person whose signature appears above, and who being duly sworn by me, did say that he is the Contracting Officer of the Natural Resources Conservation Service, United States Department of Agriculture, is authorized to sign on behalf of the agency, and acknowledged and accepted the rights conveyed by the deed to be his voluntary act and deed. In witness whereof, I have hereunto set my hand and official seal the day and year first above written. Notary Public for the State of Washington Residing at My Commission Expires IN WITNESS WHEREOF, Grantor and Grantees have executed this Conservation Easement this day of , 200_. 13 75 GRANTOR(S): AND By: Owner STATE OF WASHINGTON) ) ss: COUNTY OF WHATCOM On this day of , 200_, before me personally appeared to me known to be the land owners and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. DATE: NOTARY PUBLIC Printed Name: My Commission Expires: GRANTEE: WHATCOM COUNTY Pete Kremen, County Executive APPROVED AS TO LEGAL FORM: Senior Civil Deputy Prosecuting Attorney 14 76 STATE OF WASHINGTON ) ss: COUNTY OF WHATCOM On this day of , 200�, before me personally appeared PETE KREMEN to me known to be the County Executive of WHATCOM COUNTY and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. DATE: NOTARY PUBLIC Printed Name: My Commission Expires: GRANTEE: THE LAND TRUST: WHATCOM LAND TRUST By: STATE OF WASHINGTON ) ss. COUNTY OF WHATCOM 15 77 On this day of , 200_, before me personally appeared to me known to be and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it as the of WHATCOM LAND TRUST to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATE: NOTARY PUBLIC Print Name: My Commission Expires: 16 EXHIBIT A LEGAL DESCRIPTION Parcel A: The Southeast quarter of the southeast quarter of Section 15, Township 39 North, Range 3 East of W.M., except right of way for East Hemmi Road, lying along the south line thereof and Noon Road lying along the east line thereof. 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WX " a l cm", uH�ransoM Y r h.., TC' 81 SPONSORED BY: Planning PROPOSED SY: Planning INTRODUCTION BATE: 8113102 ORDINANCE NO. 2002-054 ESTABLISHiNG AN AGR(CULTULTURAL PURCHASE OF DEVELOPMENT RIGHTS PROGRAM AND OVERSIGHT COMMITTEE WHEREAS, Whatcom County government recognizes agriculture as a major contributor to the local economy and a high quality of life for Whatcom County citizens; and WHEREAS, The Growth Management Act and the County Comprehensive Plan support the retention of agricultural lands of long term commercial significance and encourage the use of innovative techniques to do so; and WHEREAS, Ordinance 992-002 enacted a property tax levy known as the Conservation Futures Tax as authorized by RCW 84.34.230 to provide a funding source to assis(in acquiring open space, wetlands, farm and agricultural land. and timber land; and WHEREAS, Resolution # 2001-049 authorized the creation of a Purchase of Development Rights Steering Committee with the charge to develop a PDR program for Whatcom County by April 30. 2002 and authorized (he County Executive to expend up to $30,000 for outside contract assistance in preparing the POR program, and WHEREAS, Resolution 92001-049 also committed the Council to expend a fair and significant share of (he Conservation Futures Funds for acquiring interest in agricultural lands; and WHEREAS, The Purchase of Development Rights Steering Committee me( regularly from October 2001 through April 2002 and forwarded a recommendation in May of 20021- and WHEREAS, Council reviewed the Purchase of Development recommendation from the PDR Steering Committee and requested PDS staff to develop a Purchase of Development Rights Ordinance; and WHEREAS, Council held a public hearing on September 10, 2002 to take public comment on the Agricultural Purchase of Development Rights program. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: 1. The Agricul(urat Purchase of Development Rights program is adopted as attached in Exhibit i :A WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 — 137 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator.- 3/5/2007 3/13/2007 Finance Committe Division Head: Dept. Head: Prosecutor: Purchasin /Brad et: Executive: TITLE OFDOCUMENT. Presentation by City of Bellingham on EDI grant for waterfront redevelopment ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a Bearing ? ( ) Yes ( } NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public Bearing, 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 lire action) 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 website at. www.co.whatcom.wa.uslcouncil. F p,ELL�N �O Cy MAYOR'S OFFICE U Tim Douglas, Mayor 7 City Hall, 210 Lottie Street �— Bellingham, WA 98225 • Telephone (360) 676-6979 �� O� Fax (360) 738-7418 SH1NG\ RECEIVED January31, 2007 JAN 312007 Executive Pete Kremen PErE KREMEN Whatcom County Executive COUNTY EXECUTIVE 311 Grand Avenue Bellingham, WA 98225 Dear Executive Kremen: sincerely appreciate your consideration of the City of Bellingham's application to the Economic Development Investment Board for funding the New Whatcom Redevelopment Project. Redeveloping Bellingham's central waterfront will provide numerous benefits for all of Whatcom County, including promoting mixed -use redevelopment that will help generate new family -wage jobs; providing an area for both housing and business development to occur in a manner that helps preserve the County's limited supply of agricultural and natural resource lands; and demonstrating Bellingham's commitment and ability. to provide public access to the waterfront and to promote environmentally sustainable redevelopment, just to name a few. The New Whatcom Redevelopment Project is a tremendous opportunity to create thousands of new jobs and re -shape our community's future by incorporating access for all citizens to the natural beauty of our waterfront. Bellingham is best known for its natural environment and active citizenry and this redevelopment project will allow us to enhance both of those. Sincerely, Tim Douglas, Mayor City of Bellingham Project # Is the local matching funds 10% of the EDI funding request? Yes ❑ No ❑ NIA Is this project on the CEDS Project List? K Yes ❑ No ❑ NIA Application Complete? v1/2 r ti List Incomplete Items: 3.) Other [Yes ❑ No ❑ NIA -tdVzJ Udo s 11 Number of Jobs created: Z,+ 11,• $ aj` IJ�D �� b w Id L, (x-c- b'4) CNe aps} = 1, Iq coo — AF, 300 iW, i A Number of jobs retained: 6-00 What is the jobs per EDI dollar ratio? 5' Z-di -GIs 13 NL4 Comments: EDC Review By EDC Review By Application Forwarded to Whatcom County — Date: Date Reviewed: /,/7 Date Reviewed: I -LI 0 t d'M I o I M:1UserslCentral E'DMED1 ProgramlEDI App Review Form - Fall 2006.doc Page 2 of 2 85 City- of'Bellingham's Application for Funding the New Whatcom Redevelopment Project Master Plan a Environmental Impact Study From Whatcom County Economic Development Investments Program �SNING�� Tim Douglas, Mayor City of Bellingham January 2007 :^ Summary - Application for Funding Applicant (Governmental Entity) Federal Tax Number Contact Name Title Telephone Fax Email Address Project Title: City of Bellingham 91-6001229 Brian Henshaw Financial Analyst (360) 676-6900 (360) 738-7500 bhenshawa-cob.org City Hall 210 Lottie Street Bellingham, WA 98225 New Whatcom Redevelopment Project Master Plan & Environmental Impact Study Amount of EDI loan requested: $ Amount of EDI grant requested: $1,100,000 Source of Local Match: In addition to a Whatcom County Economic Development Investment Program Grant, the City of Bellingham ("City") will be contributing a significant amount of time and resources to the project. The size and scope of the New Whatcom Redevelopment Project impacts every division within the City. For the past eighteen months the City's Executive Management Team has met twice weekly regarding the redevelopment project. In addition, City staff has contributed a significant number of hours to the project providing financial analysis, mapping, engineering, estimating, planning, research, and attending public meetings. It is anticipated that the need for the City's Management Team and staff will continue for the next year during the Master Plan & Environmental Impact Statement Process as well as into the foreseeable future as redevelopment takes place. The City has created and funded three new full-time limited term positions to assist with the work associated with this project. Additionally, the City will fund a significant portion of the almost $200 million in public infrastructure- required to enable and support this redevelopment. City of Bellingham's Application for Whatcom County EDI Program Funding Page 2 List other funding: Source Port of Bellingham Date Date . . Amount Requested Approved of Funding 1/1/2007 1211212006* $1,100,000 *On this date the Port of Bellingham ("Port") adopted a Supplemental Interlocal Agreement with the City providing funding for the next phase of the redevelopment planning work and committing to jointly (with the City.) provide additional funding in calendar year 2007 to fund the development of a public review Draft EIS, public involvement, responsiveness summary and Final EIS, Development Plan, Development Regulations and the Development Agreement (including project phasing) for New Whatcom. TOTAL public project costs: $2,200,000 TOTAL private investment committed: $ 0 The City and Port are working in partnership —with participation by Whatcom County representatives —to complete the planning element of the New Whatcom Redevelopment project. Private investment will be sought for waterfront redevelopment after the Master Plan and Environmental Impact Statement has been completed. A. Request for Funding Terms Al. Indicate the terms of the funding that you are requesting here. (Interest rate will follow the current State rate.) A $1,100,000 grant is being requested. (a) Total number of years for repayment: Not applicable. B. Project Description 1131. Describe the entire public facility project, including the parts that you are not asking EDI to fund. PROJECT HISTORY In January 2005, with the City's commitment to partner on planning and infrastructure, the Port acquired 137 acres of heavy industrial property from the Georgia Pacific Corporation (GP) in the center of the downtown waterfront. This property had been used by GP for pulp and chemical operations, before those portions of the plant closed in 2001. The property's location in the heart of Bellingham's waterfront district makes this an. ideal site for redevelopment that combines environmental cleanup and new mixed -use development. The City has committed to construct necessary public infrastructure on the site and create a regulatory framework that attracts private investment. The. Port has committed to undertake the City of Bellingham 's Application for Whatcom County EDI Program Funding Page 3 cleanup of its property and the Whatcom Waterway, to build necessary marine infrastructure, and to provide the City land for parks, public space, and rights -of -way. This is the largest redevelopment project in the history of Whatcom County and is the beginning of an exciting new era for Bellingham's waterfront. Redeveloping Bellingham's central waterfront will provide numerous benefits for all of Whatcom County. These benefits include: (1) promoting mixed -use redevelopment that will help generate new family -wage jobs; (2) providing an area for both housing and business development to occur in a manner that helps preserve the County's limited supply of agricultural and natural resource lands; (3) helping reduce traffic congestion by allowing more people to live near where they work - instead of having to commute long distances; (4) facilitating remediation of environmental contamination within the site to a standard suitable for mixed -use redevelopment; (5) facilitating the creation of valuable near shore habitat; (6) allowing Western Washington University to expand programs and establish a more visible presence in Bellingham in a way that will stimulate positive economic activity throughout Whatcom County; and (7) demonstrating Bellingham's commitment and ability to provide public access to the waterfront and to promote environmentally sustainable redevelopment. PROJECT City and Port officials are committed to working together to establish new zoning, permitting and master planning documents that incorporate all of the public input, recommendations from the Waterfront Futures Group's and Planning Commission, consultant expertise, and staff input that has been received to -date. To date this working partnership has generated: (1) New Whatcom Strategic Guidelines; (2) Draft Framework Plan showing potential roads, trails, parks and development blocks, general land use; (3) Development phasing assumptions and an economic analysis of potential costs and revenues. The attached September 26, 2006 Project Update provides a summary of the project status as of that date. The next phase of the project will build on this information to produce (1) an Environmental Impact Statement of the redevelopment, (2) a Master Plan and a Scheme of Harbor Improvements, (3) a set of development regulations that establishes all required standards for the entire New Whatcom area and (4) a development agreement between the City and the Port that establishes each jurisdiction's responsibilities associated with implementing the master plan. B2. Will this project upgrade an existing public facility? No Build a new one? No Describe: Although the New Whatcom Waterfront Redevelopment will ultimately provide many new public facilities, this request for funding is for the next planning phase of this effort. The Master Plan and Environmental Impact Statement and Development Regulations are the planning documents that will be used as the foundation supporting all future development on the site. B3. Specifically, what element(s) of the public facility project will EDI funds pay for? Whatcom County's Economic Development Investment Program funds will pay one-half of the consulting services cost to prepare the New Whatcom Master Plan, Environmental Impact Statement, and Development Regulations. The consulting services scope of work for these deliverables is attached. The Port will contribute the other half of the funding for these consulting services and the City will provide in -kind staff support for this project and over $80 million in capital funding for the redevelopment effort. City of Bellingham 's Application for Whatcom County EDI Program Funding Page 4 B4. Include'a site map of the area. (Materials must be reproducible in black and white and in 8 112 x 11 format) Identify the location of the site, public infrastructure and private development project, existing and/or proposed.. See site map attached. B5. Attach engineering estimates that support project costs. Identify if estimates are from preliminary engineering or design engineering work. The cost of producing the New Whatcom Redevelopment Project Master Plan, Environmental Impact Statement and Development Regulations is based upon the attached scope of work. B6. Describe how the public facility project will enhance or encourage other development in the immediate area in addition to the direct development described in this application. With Whatcom County's assistance, the partnership formalized between the City and the Port through several Interlocal Agreements will provide the environmental cleanup and the construction of necessary infrastructure for the New Whatcom Redevelopment. Removing the uncertainties associated with these two elements will facilitate private interest and investment in the site. B7. List all permits and environmental reviews required for the public sector project and give their current status (applied for, application being prepared, permit issued, etc.) Permitl Anticipated Environmental Completion Review Issuer status Date NEPA City of Bellingham In preparation May 2008 SEPA' Port of Bellingham In preparation May 2008. Shoreline Permit City of Bellingham In preparation May 2008 Building Permit City of Bellingham In preparation May 2008 B8. Provide preliminary project schedule: Preliminary Engineering Report Environmental Review All Required Permits Obtained Design Engineering LandlRight-of-Way Acquisition Prepare Bid Documents Award Construction Contract Begin Construction Estimated Completion Date (month/year) In process May 2008 May 2008 In process NIA NIA NIA 2008 Project Operational 2008-2030 City of Bellingham 's Application for Whatcom County EDI Program Funding Page S a 139. Other jurisdictions. (a) Are other jurisdictions,. such as counties, cities, port districts, tribes, stateffederal agencies involved in the planning, design, financing, construction or operation of this project? If so, please identify all entities: A project of this magnitude can only succeed through numerous long-term partnerships. Fortunately, many strong commitments have helped the project achieve its current status and many stakeholders are dedicated to seeing it succeed. Evidence of these partnerships includes: • The Port and City's formal Interlocal Agreement to jointly master plan the site and construct the needed infrastructure. • Whatcom County's leadership commitment to help fund the project through the County's EDI program.. • Leadership actions by the Governor, the State Legislature and the State's Congressional Delegation to assist with funding. The Federal government has allocated $8,300,000 for transportation improvements in and around the redevelopment area, and $487,000 for a feasibility study to relocate the railroad tracks to the edge of the redevelopment area. The State of Washington has set aside $5,000,000 towards the effort to relocate the railroad tracks. • In addition, the 2006 Legislature created the Local Infrastructure Financing Tool (LIFT) Demonstration Program, which specifically designated Bellingham's waterfront redevelopment as a demonstration project for this new infrastructure financing method. Through LIFT the City is eligible to receive up to $1 million per year for 25 years, for a maximum of $25 million, to be used for repayment of bonds issued to finance eligible public improvements. Of course, receipt of State funds is subject to the amount of additional tax received by the State from the revenue development area and matching local government contributions from incremental tax revenues or other sources. • Commitment from Western Washington University to expand facilities and programs on the site. • Regulatory agencies including the Washington State Departments of Ecology, Natural Resources, Fish and Wildlife and the federal Corps of Engineers assistance with cleanup and waterway designation issues. • Regular meetings with the Lummi Nation and Nooksack Tribe regarding the project. • Interest by the Bellingham-Whatcom County Housing Authority to help provide affordable housing opportunities as part of the redevelopment. (b) Explain how completion of the project is coordinated between these entities. The City and Port formed a unique and unprecedented partnership on the New Whatcom urban redevelopment.- The Master Plan and Environmental Impact Statement process will be co - managed between the City and Port. Both the City and Port have been and will continue to work closely with State and Federal legislators regarding the New Whatcom Waterfront Redevelopment. Representatives from Whatcom County also participate as they deem appropriate in the weekly working meetings for this project. 1310. Who will operate and maintain the public facility in this project? The City will operate and maintain the public infrastructure including: streets, utilities, parks, and City ofBellingham's Application for Whatcom County EDIProgram Funding Page 6 91 trails. The Port will operate and maintain the waterways, marine infrastructure, and visitor moorage within the redevelopment area. B11. Will this project impact utility rates and public services within the jurisdiction? Explain: The project is not anticipated to result in any increased utility rates. It will result in more ratepayers who will ultimately pay for the capital costs of the utility installations. 1312. Is this project consistent with your local comprehensive plan, capital facilities plans and/or county comprehensive economic development strategy? If yes, attach relevant portion of plan. If no, please explain. In 2004, the City and Port partnered to create a vision for the changing waterfront. Through the citizen -led Waterfront Futures Group (WFG) a plan calling for "creation of a mixed -use neighborhood that combines commercial, institutional, educational , retail service and residential use enveloped in increases quality access to the aquatic environment." The WFG also produced the Waterfront Vision & Framework Plan on which the draft framework plan is based. This plan is consistent with the City of Bellingham's City Council adopted 2006 goals which includes this statement: "Continue to develop a vibrant downtown that includes a mix of residential, commercial, educational, retail, and cultural uses and amenities with connections between the downtown and waterfront areas." Finally; improvements for the New Whatcom site were submitted for the. 2006 Community & Economic Development (CEDS) project list and are listed in the City's comprehensive plan, the six -year Capital Facilities Plan, and the 2006A 2007 Budgets. See relevant pages, attached. C. Financial Information on Cities, Towns, Port Districts or Counties C1. Will a revenue stream be generated that could repay an EDI loan in addition to funding the operations and maintenance costs of the facility? Yes No X (a) If yes, please describe: (b) If no, please identify eligible funding sources committed to loan repayment. There will not be a revenue stream generated from the preparation of -the Master Plan or Environmental Impact Statement. Both of these documents are required as part of the planning and permitting process before any private investment can be made on the site. Most of the anticipated incremental increases in tax revenue from the redevelopment area will be used for the repayment of bonds issued to finance the public infrastructure. The remaining incremental tax revenues from the redevelopment will cover the costs to provide city services to the area. C2. In the -context of your entity's overall annual budget, explain the need for EDI assistance. The cost to provide the entire public infrastructure identified in the New Whatcom Draft Framework City of Bellingham 's Application for Whatcom County EDI Program Funding Page 7 0 Plan is estimated to be $197 million in 2006 dollars. This is roughly equal to the City's entire annual budget for all programs, services and capital improvements. Currently, the list of capital projects identified within the New Whatcom Redevelopment Area exceeds the City's known sources of funding. Therefore, other sources of funding are being sought including grants and developer. contributions. If additional sources of revenue are not obtained it may result in the reduction or delay of projects. Most of the anticipated incremental increases in tax revenue from the redevelopment area will be used for the repayment of bonds issued to finance the public infrastructure. The remaining incremental tax revenues from the redevelopment will cover the costs to provide city services to this area. C3. If the local jurisdiction is not financially contributing to the project, please explain why. The City has contributed a significant number of management and staff hours to the project providing financial analysis, mapping, engineering, estimating, planning, research, coordinating and attending public meetings. It is anticipated that the need for the City's management team and staff will continue for at least the next year during the Master Plan & Environmental Impact Statement Process as well as into the foreseeable future as redevelopment takes place. The City has created and funded three new full-time limited term positions to assist with the work associated with this project. Additionally, the City will fund a significant portion of the almost $240 million in public infrastructure required to enable and support this redevelopment. C4. Has the use of revenue or general obligation bonds, LID, ULIDS been explored for this public facility project? Yes _ No X . Explain the outcome and describe why these financing sources would or would not be applicable for this project. The cost to complete the New Whatcom Master Plan and Environmental Impact Statement is estimated to be $2,200,000. City General obligation bonds are typically used to fund large scale projects and will be used to fund the construction of the public infrastructure, which is the next phase of this project. LIDS or ULIDs would require new development or new users to help repay the loans and may be used in the future to pay for some of the cost of the public infrastructure. At this time, we do not believe that GO bonds, LIDS, or ULIDS are appropriate for paying for the Master Plan. D. Private Sector Commitment D1. Private Sector. There is no private sector commitment anticipated for this planning phase of the New Whatcom Master Plan and Environmental Impact Statement. However, a large amount of private sector investment will take place after the Master Plan and Environmental Impact Statement are completed. See below. D2. Describe the proposed private development or expansion project that will be supported by the public facility project. The Draft Framework Plan includes the current assumptions used by the City and Port about the anticipated private development for the site. Further analysis of the potential development will be refined during the Master Plan process. The Draft Framework Plan assumes that a total of 5.9 million square feet of development will take place through full build -out. Table 1 shows the City ofBellingham's Application for Whatcom County EDI Program Funding - Page 8 93 different categories of private development anticipated. The estimated cost of this private investment is $880 million in 2006 dollars. Table 1 Land Use Building Sq. Ft. (rounded) Retail 100,000 Civic / Institution 450,000 Commercial / Office 1,000,000 Hospitality 200,000 Light Industrial 650,000 Total non-residential 2,300,000 Residential 3,600,000 = 3,000 units Total Buildings 6,900,000 D3. Explain why the private development requires the proposed public infrastructure improvements described in this application. The challenge associated with the redeveloping the New Whatcom site is daunting. Some parts of the property are contaminated from decades of industrial use. None of the property has the needed urban streets, sidewalks, or utilities required for a mixed -use development. Many buildings on the site must be demolished and industrial tanks and in must be removed from the area. _ piping Extensive cleanup and habitat work must be completed to prepare the waterfront site for future uses. These challenges can only be overcome through the creation of a strong and lasting partnership between the City, the Port, Whatcom County, and other stakeholders. This partnership has access to state and federal funding that are not available to the private sector. These funds combined with other public funds will pay for the environmental cleanup and the construction of necessary infrastructure that will be the catalyst for private investment on the waterfront. Providing additional financial sources and removing the uncertainties associated with the environmental cleanup will facilitate and speed up the private investment in the site. D4. In the table below, list the number of projected jobs, by job type, to be retained and/or created as a direct result of the project. Express jobs. as Full Time Equivalents (FTEs). The following information and charts are excerpts from an Economic Paper prepared by Hart Hodges, Assistant Professor, Center for Economic and Business Research, Western Washington University. The complete paper is attached. Table 2 shows a rough estimate of the square feet of building space in, New Whatcom as envisioned by the Port and City at the time of bui[d-out or full development. The table also shows different amount of space needed for workers in different commercial categories. Scenario A — the less dense case — describes less dense types of development and/or a more near term scenario (where all buildings have not been constructed or space utilized to its full capacity). Scenario B City ofBellingham's Application for Whatcom County ED] Program Funding - Page 9 E describes the more dense case and/or longer term scenario. The results indicate that this type of mixed -use development creates between 2,400 and 4,800 permanent jobs. Table 2 Employment in New Whatcom Scenario A Scenario B (near term and/or less (longer term and/or more Category Square Feet dense) dense] Square Feet / Worker Workers Square Feet 1 Worker Workers Retail 100,000 2,000 50 750 133 Institutional 400,000 2,000 200 750 533 Office 1,000,000 1,000 1,000 400 2,500 Hospitality 200,000 2,500 80 1,500 133 Marine trades 700..000 1,000 700 750 933 Other light industrial 550,000 1,500 367 1,000 550 Total 2,950,000 2,397 4,783 According to the Washington State Department of Employment Security, the overall average wage in Whatcom County in 2005 was $31,123. Most of the permanent jobs expected to be created in New Whatcom Redevelopment Area currently offer a higher wage than the county average. Table 3 shows the average wage in 2005 by industry sectors that are representative of the broad building categories anticipated in the New Whatcom Redevelopment. Note: the wage figures are not intended to be a forecast, but are for illustrative or discussion purposes only. Table 3 Examples of Expected Jobs and Wages Category Industrial Sector Avg. Wage 2005 Retail Miscellaneous Retail $21,504 Institutional State Government $371953 Office Professional and Technical Services $42,241 Hospitality Accommodations hotel $17,885 Marine Trades Transportation Equipment Manufacturing $39,863 Other Light Industrial Miscellaneous Manufacturing $31,608 D5. Explain how these job projections were developed. Attach supporting information such as a business plan or year-end financial statements. *See attached Economic Paper prepared by Hart Hodges, Assistant Professor, Western Washington University. ❑6. Will the project provide expanded employment opportunities to disadvantaged or unemployed workers? How will the firm work to hire people form Whatcom County? There will be two distinct employment opportunities generated by the New Whatcom City of Bellingham's Application for Whatcom County EDl Program Funding Page 10 95 Redevelopment Project. The first opportunity consists of a significant number of construction jobs, in all disciplines and levels, which will be generated over the next 20 to 30 years as a result of both public and private investment -in this project. Based on the anticipated investment in the area, Professor Hart Hodge's analysis indicates there will be several hundred related construction and supply jobs needed to support this development. Although these jobs are "temporary" the size of the anticipated project will provide a significant boost to Whatcom County's construction economy during the next thirty -years. It's anticipated that a majority of these jobs will be filled from the. existing pool of suppliers and construction workers who reside within Whatcom County. The second employment opportunity created consists of the permanent jobs that will be located within the new mixed -use development. Professor Hodges projects that the New Whatcom redevelopment will create, in round numbers, between 2,000 and 5,000 permanent new jobs. These permanent jobs will include industries such as: retail and hospitality, institutional research, professional and technical services, warehouse and light industrial, and marine trades. The ultimate number and type of jobs created is dependent upon the density of redevelopment and types of business that locate in the redevelopment area. Both of these elements will be further reviewed and analyzed during the master plan process. At this early stage in the planning process it is difficult to identify specific employment opportunities and needs. However, it is anticipated that the New Whatcom Redevelopment project will expand employment opportunities for all Whatcom County Residents including the disadvantaged and unemployed workers. To ensure that the project provides a positive boost to the economy, the City will continue to support and partner with local economic development organizations. These organizations provide a vital link to existing businesses in Whatcom County and firms that may be interested in relocating here. The City currently supports and/or partners with the following economic development organizations: Sustainable Connections, Bellingham Whatcom Economic Development Council, Downtown Renaissance Network, Bellingham Whatcom county Tourism, and the Technology Alliance Group. The City will collaborate with these organizations to draw upon their respected expertise and coordinate efforts amongst all participants. In addition, the City will _explore new partnerships with other organizations that provide specific employment and training services in order to provide the employees necessary for a redevelopment project of this size. These organizations may include: Work Source Development, Whatcom Community College's —Work Retraining Program, Bellingham Technical College's — Career Center, Western Washington University's — Small Business Development Center, Building Industry Association, and the Lummi and Nooksack Tribes. Another opportunity may be an outreach program to attract and facilitate bilingual workers from the local Hispanic, eastern European, and Pacific -rim countries. The size and length of this project will provide ample opportunity and need to foster new partnerships and expand upon existing partnerships with local organizations. It is too early in the planning process to -identify specifics needs, but the City is planning to utilize these organizations throughout the life of the redevelopment project. D7. Outline construction schedule (if applicable) for the proposed private sector project. Private Facility Construction Begins Private Facility Construction Complete Private Facility Operational (Monthlyear) Beginning in 2009 Over 20 — 30 years City of Bellingham's Application for Whalcom County EDI Program Funding Page 11 •T DS. List all permits required for the private sector project and give the current status (applied for, application begin prepared, permit issued, etc.) In .their Interlocal Agreement the Port and the City noted that consistent and predictable interpretations of the applicable building and development regulations, and an expedited process for necessary land development approvals is critical to encourage private investments in the New Whatcom redevelopment area and for the public entities to obtain a reasonable and timely return on their investments in this area. The Port and the City are working cooperatively to specify the permit requirements for development projects within the New Whatcom Redevelopment area. These will be determined and implemented through the Master Plan, Environmental Impact Statement, and Development Regulations processes. D9. What private authorizations are still needed before proceeding with the proposed private development project? The completion of the New Whatcom Master Plan, Environmental Impact Statement, and development Regulations are all necessary before any private Development investment 1 projects can proceed. D90. Explain how the private sector is financing their capital investment in this project. When will private sector financing be in place? Please list financial references that can verify financing sources and capacity for this project. Private sector financing will be solicited when the Master Plan, Environmental Impact Statement, and Development Regulations are complete. E. Project Feasibility El. Summarize the results of the feasibility analysis that supports your proposed public facility investments. Current analysis indicates that there is no other project of this magnitude on the West coast of the United States, and perhaps in the nation, that. has so many positive factors in its favor. These factors include: • Strong local and state partnerships and support for the project • Commitment for specific major project elements (Marina and WWU) and significant interest in other possibilities (NOAA, Coast Guard and the TerrAquarium) • Significant acreage under one ownership and immediately adjacent to a thriving downtown • Strong multimodal transportation access to the area and the site • A strong local economy with expanding marine trades, medical and technical sectors • A highly educated local workforce and excellent University, Community College, Technical College and local schools • A highly desirable local quality of life that is attractive to economic development The City and Port have completed preliminary financial models of the draft framework plan, the infrastructure projects listed in that plan and the costs based on 2006 preliminary engineering estimates. These models indicate the need to prioritize infrastructure improvements, reduce their City of Bellingham's application for Whatcom County EDI Program Funding Page 12 97 scope, and/or find additional sources of funding. The Port and the City are also conducting a market absorption and branding analysis to determine how best to position the project in the market. This analysis, the EIS and the master plan will all provide additional information that will be used to ensure that the redevelopment is successful. The LIFT revenues from new property and sales taxes generated in the New Whatcom redevelopment area are allocated to repaying the bonds for the capital costs for 25 years. New tax revenues not dedicated to LIFT will cover the costs to provide City services in the area. E2. Identify industries that are targeted for recruitment with this project. The Port and City are conducting a market absorption and branding analysis to determine how best to position the project in the market to attract private investment. At the same time, several strategic goals have evolved for the waterfront mixed -use redevelopment including: the importance of marine trades industry, providing sustainable development, complement the existing downtown, provide public access to the waterfront, provide an area that promotes both a living and working environment, and be a technological innovation center of excellence. The land use analysis portion of the master plan will help determine the proper balance of public and private uses that will best achieve these strategic goals. While many projects are still in the development stages, some very real and exciting possibilities are on the horizon including: • A Marine Trade Center that will help support the 800-900 marine related employees that already exists in Whatcom County and provide the uplands and facilities necessary for this industry to continue to prosper. • Corporate headquarters for a technology based or outdoor focused company. • Western Washington University is planning for a new world class facility for its College of the Environment, expansion of the Regional Business Institute, and a new Science and Technology Center. These innovation .centers will partner with private business to produce goods and services that stimulate the local economy. • Professional and Technical Service industries including: insurance, securities, and banking. • A local not -for -profit group is developing plans for a new regional TerrAquarium that will house educational research and interpretive displays. • Opportunities for the development of federal facilities such as the Pacific Fleet Headquarters for NOAA and/or a regional U.S. coast Guard installation. • Retail establishments that provide neighborhood services • Preliminary discussions with the Lummi and Nooksack tribes regarding their potential involvement. • Bellingham Housing Authority E3. Describe a market strategy that contains- action elements with appropriate -timelines. Who will be responsible for implementing the marketing strategy? The Port, as the primary property owner, will conduct marketing efforts for the sale and lease of property within the redevelopment area. The Port has contracted with FUSIONPARTNERS, LLC to prepare and present a comprehensive Marketing Positioning Statement, to include strategy for communications, branding, naming, theming, logo(s) and identity(ies) for the Bellingham Waterfront Redevelopment. The objective is to position the Bellingham Waterfront Redevelopment for sale or lease to land users, developers, commercial tenants and other potential users, investors and development partners. City ofBellingham's Application far Whatcom County EDI Program Funding Page 13 E4. Describe the site's appropriateness by addressing (at a minimum): o Zoning — The waterfront redevelopment area is currently zoned "Heavy Industrial". The Master Plan calls for rezoning the waterfront development area to mixed -use including: marine industrial, light industrial, residential, commercial, office, and retail. o Environmental restrictions — Storm water has not previously been treated, but will be treated in the future as redevelopment of the area progresses. o Access to infrastructure ■ Water ■ Sewer Road ■ Rail ■ Electricity All the above items are currently available at the site. The redevelopment plan provides for improving all of the infrastructure in the redevelopment area to facilitate and encourage .mixed -use private investment. o Distance to markets — The waterfront development area is within walking distance to the entire downtown Bellingham central business district. The build -out of the infrastructure will enhance connectivity to Bellingham central business district and adjacent neighborhoods by improving and adding street and trail infrastructure. o Site's ability to support the anticipated development over time — The Master Plan will produce the development guidelines for this area of approximately 220 acres. It is anticipated that there will be approximately 90 acres of land available for private development. The anticipated private construction investment in the area is $880 million in 2006 dollars. This level of investment will produce a significant increase in sales tax and property tax revenue for both the City and Whatcom County. E5. Provide an analysis of other adequately serviced land in the area and give the primary reasons for the selection of the proposed site over other existing sites. The property's location in the heart of Bellingham's waterfront district, make this an ideal site combining environmental cleanup and mixed -use redevelopment. There are few, if any sites, like this on the West coast with this amount of acreage, location on the waterfront, proximity to downtown, and potential for redevelopment. Over the next three decades, this area will transform from an industrial waterfront site into a vibrant new neighborhood featuring parks and trails, sustainable urban living, and a mix of essential new and traditional jobs. E6. Describe the plan to secure the total required funding for the public facility improvements. Is it secured or not, and will it be -available in the time frame established for project completion? The cost to complete the New Whatcom Master Plan and Environmental Impact Statement is estimated to be $2,200,000. The Port will pay one-half this amount and the other half will be paid by the City with an EDI grant from Whatcom County. Both the City and Port have budgeted for these anticipated expenditures in their respective 2007 budgets. City Council and Port Commission approval of the first two phases of the consulting services contracts (see attached CollinsWoermen and Blumen Consulting Group contracts) contract took place in December 2006. Financing of the capital infrastructure is dependent upon the final Master Plan and is still being refined (see C2). City ofBellingham's Application for Whatcom County,EDI Program Funding Page 14 E7. For the total project, including public and private components, please describe the projected number of jobs created and/or retained, anticipated wages and how wages compare to local prevailing wages, opportunities the project may offer to the local labor force and other related issues. The attached economic paper by Professor Hart Hodges outlines two scenarios that produce a range of jobs in the New Whatcom development area of between 2,400 and 4,800. The types of jobs likely to be located in this area typically pay wages above the average wage for Whatcom County. In addition, the creation of a Marine Trade Center would help support and retain the 800- 900 people that are already employed in Whatcom County's marine industry. Another component of jobs that will be created from this redevelopment is the construction jobs associated with the public and private investment in the area. IMPLAN software is often used to estimate economic impacts and the number of workers associated with different expenditure levels for construction projects. This software program suggests that every $1 million in construction expenditures results in 13�l4 construction workers and an additional 9-10 related service jobs, for a total of roughly 23 workers per $1 million of construction expenditures. It is anticipated that most of the needed workers and suppliers would be filled from existing firms located in Whatcom County. The anticipated level of private investment over the next thirty -years is $880 million in 2006 dollars. In the middle and latter stages of redevelopment, annual construction expenditures of $20 million would create the equivalent of roughly 460 one year jobs. Some of these jobs will be on -site construction jobs and others will be in related areas such as building material and transportation services (see attached economic paper by Hart Hodges). The average construction wage- is between $36 - $57,000, which is substantially higher than Whatcom County's average wage of $31,123. E8. Describe specific, quantifiable measures of the outcomes, other than jobs, that will demonstrate project success. Describe how you will measure these. Explain what you expect to show as progress toward the outcome for each year before the whole outcome has been achieved. The success of this project will culminate through the public process with both the City Council's adoption, and Port Commission's approval of the New Whatcom Master Plan and Environmental Impact Statement and Development Regulations. The Master Plan scope of work anticipates this process being completed by May 2008 (See attached CollinsWoermen Master Plan and Environmental Impact Statement Scope of Work for detailed schedule of deliverables). Additionally, the success of the project will be measured by achieving the following outcomes: • Completion of priority infrastructure improvements • Location of WWU facilities on the site • Creation of significant new public waterfront access and public amenities • Creation of new affordable housing opportunities as part of this project • Private investment at the level anticipated by the adopted master plan City of Bellingham's Application for Whatcom County EDI Program Funding Page 15 100 Application for Funding — Certification I HEREBY CERTIFY THAT THE INFORMATION GIVEN IN THIS APPLICATION TO WHATCOM COUNTY FOR INVESTMENTS IN ECONOMIC DEVELOPMENT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. Signature of Responsible Public Official: Date 6 Print or Type Name and Title: Tim Douglas, Mayor City of Bellingham 's Applicaiion for naicom County EDI Program Funding Page 15 101 Table of Contents Attachments (:,:Note: One full set of these attachments is available in the County Council office) September 26, 2006 Project Update...............................................................1 Scope of Work — Collins Woerman ................................................................2 Scope of Work Blumen Consulting Group, Inc....................................................3 SiteMap................................................................................................4 Council Goals 2006 Budget........................................................................5 Comprehensive Economic Development Strategy List(CEDS)..................................6 City of Bellingham Comprehensive Plan (applicable pages)...................................7 Six Year Capital Plan (applicable pages)..........................................................8 Council Goals 2007 Budget.........................................................................9 Professor Hart Hodges' White Paper..............................................................10 102 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2007-151 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator., SM 312107 March 13, 2007 finance/Count Division Head: Dept. Head: Prosecutor: BB 3100 Purd iasin /Bud et: Fxeculive: TITLE OF DOCUMENT: Economic Development Investment Program —EDI Board recommendation ATTACHMENTS: Memorandum; EDI Program application from City of Bellingh am; EDI Board Meeting Notes from 2126107 SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMAIARYSTATEMENT 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 Economic Development Investment Board has reviewed a funding application from the City of Bellingham, and is making the following recommendation for adoption by the County Council: Approval of City of Bellingham's request for EDI funding in the amount of at least $l.l- million, to be set aside over a period of up to five years, in support of the New Whatcom Waterfront redevelopment effort: 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 website at: www.co.whatcom.wa.us/council. 103 �GOM OOG _ WHATCOM COUNTY EXECUTIVE'S OFFICE - County Courthouse 311 Grand Avenue, Suite #108 �gs�.:toj Bellingham, WA 98225-4082 MEMORANDUM Pete Kremen County Executive Dewey Desler Deputy Adminstrator To: Whatcom County Council Members From: Dewey Desler, Deputy Administrator Subject: EDI Applications — Economic Development Investment Board's Funding Recommendations Date: March 5, 2007 Background The EDI Board met recently to review two applications for EDI funds. The first applicant, City of Bellingham, is requesting grant funding to support the New Whatcom Redevelopment Project Master Plan and Environmental Impact Statement. The Waterfront Redevelopment Project is the largest redevelopment project in the history of Whatcom County and is the beginning of a new era for Bellingham's waterfront. Redeveloping Bellingham's central waterfront will provide numerous economic and other benefits for Whatcom County, including promoting mixed -use redevelopment that will help generate new family -wage jobs. City and Port officials are committed to working together to establish new zoning, permitting and master planning documents that incorporate public input, recommendations from the Waterfront Futures Group and Planning Commission, consultant expertise, and staff input that has been received to date. So far this partnership has already generated strategic guidelines, a draft framework plan showing potential roads, trails, parks and development blocks, as well as development phasing assumptions and an economic analysis of potential costs and revenues. The next phase of the project, which is what the Cityis requesting EDI funding support for, will build on this information to produce (1) an Environmental Impact Statement of the redevelopment, (2) a Master Plan and a Schemb of Harbor Improvements, (3) a set of development regulations that establishes all required standards for the entire New Whatcom area and (4) a development agreement between the City and Port that establishes each jurisdiction's responsibilities associated with implementing the master plan. The City and the Port are asking for the County to partner with them in supporting this important aspect of the project development. They have requested a 100% grant of $1.1-million, as a part of a $2.2-million master planning program. The- EDI Board believes that Whatcom County is a - . stakeholder in this important community project and will clearly benefit by adding our financial support. The second applicant for EDI funding is the City of Ferndale. The project they are seeking.support for is the Centennial Riverfront Project. This project will construct a pedestrian -oriented riverfront Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738-4555 104 Memo to Whatcom County Council members 3/5/2007 plaza along the banks of the Nooksack River in Ferndale. It is considered a cornerstone for Ferndale's downtown economic development and has received endorsements from the City's Economic Development Committee, the Ferndale Downtown Development Association and the Ferndale City Council. In addition to a pedestrian promenade, the project calls for public bathrooms as well as water and electricity connections for vendor -booths that would be set up during festivals. In addition, benches and other features (sculptures, fountains, etc.) are anticipated. The project design process is complete and the City of Ferndale's goal is to permit and construct the Riverwalk in 2007, with completion scheduled for October of this year. They are requesting EDI funding in a combination of grant and loan. EDI Board Action At the February meeting of the EDI Board, there was a unanimous recommendation to provide EDI funding as follows. This recommendation is now being presented to the County Council. Board Project Applicant Funding Request Recommendation Vote City of Bellingham City of Ferndale $1,100,000 (grant) $ 504,900 (grant) $1,026,000 (loan) Set aside $1.1-million 11-0 over the next 5 years. to support waterfront redevelopment efforts $ 504,900 (grant) 11-0 $1,026,000 (loan) The EDI Board voted to recommend that the County Council endorse a position that within five ev ars a total of at least $1.1 million dollars of EDI funding be granted to the City of Bellingham to support the waterfront project. The City of Bellingham would draw on this grant funding through grant applications over a period of five years. This would enable the EDI Program fund to sustain itself over time rather than deplete a large portion of grant funds that need to be remain available for. other projects (please seethe EDI Board Meeting Notes, attached).. If you have any questions on this matter, please feel free to contact me. Attachments: EDI Program Applications, EDI Board 02/26/07 Meeting Minutes 105 Notes of EDI Board Meeting Board Members present at Meeting: Pete Kremen, Whatcom County Gerry Millman, Timber Representative Doug Smith,,Port of Bellingham Jack Louws, Mayor, City of Lynden Dan McShane, County Council Member Tim Douglas, Mayor, City of Bellingham February 26, 2007, 10:30 a.m. Dewey Desler, Whatcom County Steve Jilk, PUD #1 Todd Sewell, Agricultural Rep. Nancy Jordan, EDC Bob Bromley, Mayor, City of Sumas Absent: Ken Oplinger, Bellingham/Whatcom County Chamber of Commerce Brad Smith, WWU Huxley College Others present: Brian Henshaw (City of Bellingham "COB"), Malcolm Fleming (COB), Therese Holm (COB), Dodd Snodgrass (POB), Jerry Landcastle (City of Ferndale), Greg Young (City of Ferndale). Board Chairman Pete Kremen welcomed everyone. Introductions were made. Review of Public Utilities Improvement Fund — Fund Status Dewey Desler gave a brief overview of the fund status, using the spreadsheet handout provided, which showed fund balances as of December 31, 2006. Steve Jilk asked about the interest that is collected on this fund, and suggested that the interest totals be reflected on the spreadsheet. Pete Kremen urged the board to consider the intent of the program guidelines for funding projects, that is, 213 loan and 113 grant funding. EDI Program Funding APP[ications 1) City of Bellingham - Project New Whatcom Redevelopment Project Master Plan. Pete introduced Malcolm Fleming, who provided a power point presentation on the project history, status and vision, as well as how it meets the goals of the EDI Program. Therese Holm also addressed the board with regard to cost and revenue projections and assumptions. Jack Louws asked if the County had previously made any financial commitments for this project.to the City of Bellingham, and Dewey Desler replied it had not. Discussion followed and several questions were addressed: job creation projections, impact fees, economic growth opportunities, Port of Bellingham's financial commitment and sources, etc. Dan McShane asked if in the future the County would be invited to provide input in the master planning and development process. Malcolm said that both public and private parties have all along been encouraged to participate in the planning process, and that that would continue. In fact, the County administration has been receiving email updates from his office, as well as an open invitation to attend the waterfront redevelopment'planning meetings. There was discussion -regarding the fact that this request is designed to {gay for master planning and an Environment Impact Statement, and not for a "bricks and mortar" capita[ construction project: What additional aspects of project funding might the County be interested in providing down the road? Then the fact that the request is for a 100% grant, and not a loan/grant split, was addressed. The City of Bellingham noted that they would be unable to repay a loan, given the immediate need for cash at this stage in the project and the large funding gap that exists. 106 Some concern was expressed regarding the fact that this request, if approved, would deplete the EDI fund resources in the "grant" category, and make it difficult for future projects to obtain such monies. Tim Douglas moved that the EDI Board commit $1.1 million for "some" project, so that the City of Bellingham can draw on funds over the next five years. This was seconded by Doug Smith. Jack I_ouws called for a friendly amendment providing that whatever related project is approved be consistent with all the goals and objectives of the EDI Program. There was some further discussion, and Pete Kremen requested a clarification of the motion. Mr. Douglas restated: he moved that the Board endorse a position that within five years a total of $1.1 million dollars of EDl funding be granted to the City of Bellingham to support this project. Pete Kremen asked that the motion include that the funding will be at least $1.1 million of 100% grant money over five years. He then called for a vote on the motion, which was taken. Motion passed unanimously 11-0. 2) City of Ferndale — Project. Centennial Riverfront Project Greg Young gave a brief presentation of the project and the positive economic impacts that it will have on the City of Ferndale. In fact, those impacts have already begun, as there is now one new residential development (100-unit apartment complex) that has been initiated as a direct result of this proposed improvement to the downtown core. City of Ferndale is also celebrating its 100 year centennial anniversary this year, and has named this project its Centennial Project. It is ready to go, with all the planning and design work completed. The permitting process is currently underway. The funding request is for a 213 loan and 113 grant, and the loan repayment will come from the city's Park Mitigation fund. The revenue stream in that fund is sufficient to cover the repayment for this loan request. Jack I_ouws made the motion that the EDI Board approve the funding application as written: $1,026,000 in the form of a loan*, and $504,900 in the form of a grant. Steve Jilk seconded the motion. Pete Kremen called for a vote on the motion, which was taken. Motion passed unanimousiv 11-0. There being no further business, the meeting was adjourned at 12:30 p.m. * The EDI loan would have a 20 year term, with an interest.rate of 1.5%. 107 Project # RECEIV Whatcom County EDI Program Application Review Checklist BAN 2 9 2007 Applicant: �l ���► EN j COUNTY McUTNE Project Title: K ) hgu�Qw ��r ��C �'��je j�Gc P6 Initial Submission Received --Date: —T Completed Application Received — Date: LI-710-7 Is this application for: [circle one) 1.) Loan Only 2.) - Loan/Grant )Grant Only Amount of funding requested: (, I oo, 000 Cover Letter or Executive Summary for project attached: _tom ❑ Yes ❑ No ❑ NIA Funding Terms Identified: Wyes ❑ No ❑ NIA Project Description Completed: Yes ❑ No ❑ NIA Financial Information Completed: Yes ❑ No ❑ NIA Private Sector Commitment Identified: [Yes ❑ No ❑ NIA Project Feasibility Completed: Yes ❑ No ❑ NIA Application Signed: WYes ❑ No ❑ NIA Resolution Authorizing EDI Application Attached:. .� ❑ Yes ❑ No ❑ NIA Project Engineering and Costs Estimates Attached: ❑ Yes ❑ No KN/A Contingency'Agreement Signed and Attached: ❑ Yes ❑ No KN/A Supporting Documents Attached VYes ❑ No ❑N/A Is applicant eligible for program funding? WYes ❑ No ❑ N/A Does this project exceed the minimum project amount? ,Yes ❑ No ❑ N/A Are other funding sources involved? Yes ❑ No ❑ N/A Is this project contingent on other funding sources? Yes ❑ No ❑ N/A MAUserslCenlral EDC1ED1 ProgramlED! App Review Form - Fall 200$.doc Page i of 2 108 � gELL/,y �O C, MAYOR'S OFFICE Tire Douglas, Mayor U %> City Hall, 210 Lottie Street Bellingham, WA 98225 Telephone (360) 676-6979 Fax (360) 738-7418 - RECEIVED January 31, 2007 JAN 3 12007 Executive Pete Kremen PEfE KAEMEN Whatcom County Executive COUNTY EXECUTIVE 311 Grand Avenue Bellingham, WA 98225 Dear Executive Kremen: I sincerely appreciate your consideration of the City of Bellingham's application to the Economic Development Investment Board for funding the New Whatcom Redevelopment Project. Redeveloping Bellingham's central waterfront will provide numerous benefits for all of Whatcom County, including promoting mixed -use redevelopment that will help generate new family -wage jobs; providing an area for both housing and business development to occur in a manner that helps preserve the County's limited supply of agricultural and natural resource lands; and demonstrating Bellingham's commitment and ability to provide public access to the waterfront and to promote environmentally sustainable redevelopment, just to name a few. The New Whatcom Redevelopment Project is a tremendous opportunity to create thousands of new jobs and re -shape our community's future by incorporating access for all citizens to the natural beauty of our waterfront. Bellingham is best known for its natural environment and active citizenry and this redevelopment project will allow us to enhance both of those. Sincerely, Tim Douglas, Mayor City of Bellingham 109 Project # Is the local matching funds 10% of the EDI funding request? Yes ❑ No ❑ NIA Is this project on the CEDS Project List? k poi e-a$) K Yes ❑ No ❑ NIA Application Complete? List Incomplete Items: 2.) 6 69v n i 4sib (Lt+ Aa-avx3- A� 3.) Other [Yes ❑ No ❑ NIA `do s Number of Jobs created: Z,X -24 x Q� fJ►�o i�=ci� b u cdu-{- (Ne-fi Aa.w 6 -p-S Number of jobs retained: &dd Coe,r What is the jobs per EDI dollar ratio? 5Pn-d1 ~45`S I�v{at'inba� Comments: EDC Review By EDC Review By Date Reviewed: Date Reviewed: 12l o Application Forwarded to Whatcom County -- Date: MAUserMCenfrel EDCIEDI ProgramlEDI App Review Form - Fail 2006.doc Page 2 of 2 110 City- of - Bellingham's Application for Funding the. New Whatcom Redevelopment Project Master Plan Environmental Impact Study From Whatcom County Eco-norriic Development Investments Program o gELc,,�c Tim -Douglas, Mayor City of Bellingham. January 2007 . 111 Summary - Application for Funding Applicant (Governmental Entity) City of Bellingham Federal Tax Number 91-6001229 Contact Name Brian Henshaw . Title Financial Analyst Telephone (360) 676-6900 Fax (360) 738-7500 Email bhenshaw{a.cob.org Address City Hall 210 Lottie Street Bellingham, WA 98225 Project Title: New Whatcom Redevelopment Project Master Plan & Environmental Impact Study Amount of EDI loan requested: $ Amount of EDI-grant requested: $1,100,000 Source of Local Match: In addition to a Whatcom County Economic Development Investment Program Grant, the City of Bellingham ("City") will be contributing a significant- amount of time and resources to the project. The size and scope of the New Whatcom Redevelopment Project impacts every -division within the City. For the past eighteen months the City's Executive Management Team has met twice weekly regarding the redevelopment project. In addition, City staff has contributed a significant number of hours to the project providing financial analysis, mapping, engineering, estimating, planning, research, and attending public meetings. It is anticipated -that the .need for the City's Management Team and staff will continue for the next'year during -the Master Plan & Environmental Impact Statement Process as well as into the foreseeable future as redevelopment takes place. The.City has created and funded three new full-time limited term positions to assist -with the work associated with this project: Additionally, the City will fund a significant- portion of the -almost $200 million in public infrastructure required to enable and support this.redevelopment. City of Bellingham's Application for Whatcom County EDI Program Funding Page 2 112 List other funding: Source Port of Bellingham Date Date 'Amount Requested Approved of Funding 1 /1 /2007 12/12/2006* 11,100, 000 *On this date the Port of Bellingham ("Port") adopted a Supplemental Interlocal Agreement with the City providing funding for the next phase of the, redevelopment planning work and committing to jointly (with the City.) provide additional funding in calendar year 2007 to fund the development of a public review Draft EIS, public involvement, responsiveness summary and Final EIS, Development Plan, Development Regulations and the Development Agreement (including project phasing) for New Whatcom. TOTAL public project'costs: $2,200,000 TOTAL private investment committed: $ 0 The City and Port are working in partnership —with participation by Whatcom County representatives —to complete the planning element of the New.Whatcom Redevelopment project. Private investment will be sought for waterfront redevelopment after the Master Plan and Environmental Impact Statement has been completed. A. Request for Funding Terms Al. Indicate the terms of the funding that you are requesting here. (Interest rate will follow the current State rate.) A'$1,100,000 grant is being requested. (a) Total number -of years for repayment: Not applicable. B. Project Description B4. Describe -the entire public facility.project, including the parts that you are not asking EDI to fund. PROJECT HISTORY In January-2005, with the City's commitment to partner on planning and infrastructure, the Port acquired 137 acres of heavy industrial property from the Georgia Pacific Corporation (GP) in the center of the -downtown waterfront. This property had been used by GP for pulp and chemical operations, before those portions of the plant closed in-2001. The property's location in. the heart of Bellingham's waterfront district -makes this an. ideal site fo'redevelopment that combines environmental cleanup and new mixed=use development: 'rhe City has committed to construct necessary public infrastructure on the site and create a regulatory framework that attracts private investment. - The Port has committed to undertake the City of Bellingham's Application for Whatcom County EDI Program Funding Page 3 113 cleanup of its property and the Whatcom Waterway, to build necessary marine infrastructure, and to provide the City Idhd for parks, public space, and rights -of -way. This is the largest redevelopment project in the history of Whatcom County and is the beginning of an exciting new era for Bellingham's waterfront. Redeveloping Bellingham's central waterfront will provide numerous benefits for all of Whatcom County. These benefits include: (1) promoting mixed -use redevelopment that will help generate new family -wage jobs; (2) providing an area for both housing and business development to occur in a manner that helps preserve the County's limited supply of agricultural and natural resource lands; (3) helping reduce traffic congestion by allowing more people to live near where they work - instead of having to commute long distances; (4) facilitating remediation of environmental contamination within the site to a standard suitable for mixed -use redevelopment; (5) facilitating the creation of valuable near shore habitat; (6) allowing Western Washington University to expand programs and establish a more visible presence in Bellingham in a way that will stimulate positive economic activity throughout Whatcom County; and (7) demonstrating ,Bellingham's commitment and ability to provide public access to the waterfront and to promote environmentally sustainable redevelopment. PROJECT City and Port officials are committed to working together to establish new zoning, permitting and master planning documents that incorporate all of the public input, recommendations from the Waterfront Futures Group's and Planning Commission, consultant expertise, and staff input that has been received to -date. To date -this working partnership has generated: (1) New Whatcom Strategic Guidelines; (2) Draft Framework Plan showing potential roads, trails, parks and development blocks, general land use; (3) Development phasing assumptions and an economic analysis of potential costs and revenues. The attached September 26, 2006 Project Update provides a summary of the project status as of that date. The next phase of the project will build on this information to produce (1) an Environmental Impact Statement of the redevelopment, (2) a Master Plan and a Scheme of Harbor Improvements, (3) a set of development regulations that establishes all required standards for the entire New Whatcom area and (4) a .development agreement between the City and the Port that establishes each jurisdiction's responsibilities associated with implementing the master plan. B2. Will this project upgrade an existing public facility?' No Build a new one? No Describe: Although the New Whatcom Waterfront Redevelopment will ultimately provide many new public facilities, this request for funding is for the next planning phase of this effort. The Master Plan and Environmental Impact Statement and Development Regulations are the planning documents that will be used -as the foundation supporting all future development on the site. B3. Specifically, what element(s) of the public facility project will EDI.funds pay for? Whatcom County's Economic Development Investment Program funds will pay one-half of the consulting services cost to prepare the New Whatcom Master Plan, Environmenta! Impact Statement, and Development Regulations. The consulting services scope of work for these deliverables is attached. The Port will contribute the other half of the funding for these consulting' services and the City will provide in -kind staff support for this project_ and over $80 million in capital funding for the redevelopment effort. City ofBellingham's Application for Whatcom County EDI Program Funding Page 4 114 B-4. Include'a site map of the area. (Materials must be reproducible in black and white and in 8 112 x 11 format) Identify the location. of the site, public infrastructure and private development project, existing and/or proposed._ See site map attached. B5. Attach engineering estimates that support project costs. Identify if estimates are from preliminary engineering or design engineering work. The cost of producing the New Whatcom Redevelopment Project Master Plan, Environmental Impact Statement and Development Regulations is based upon the attached scope of work. 136. Describe how the public facility project will enhance or encourage other development in the immediate area in addition to the direct development described in this. application. With Whatcom County's assistance, the partnership formalized between the City and the Port through several Interiocal Agreements will provide the environmental cleanup and the construction of necessary infrastructure for the New Whatcom Redevelopment. Removing the uncertainties associated with these two elements will facilitate private interest and investment in the site. B7. List all permits and environmental reviews required for the public sector project and give their current status (applied for, application being -prepared, permit issued, etc.) Permit/ Anticipated Environmental Completion Review Issuer status. Date . NEPA.- Cint-y of Bellingham In preparation May 2008 SEPA' Port of Bellingham In preparation May 2008. Shoreline Permit City of Bellingham. In preparation May-2008 Building Permit City of Bellingham . In preparation Mav 2008 B8. Provide preliminary project schedule: Preliminary Engineering Repoit Environmental Review All Required Permits Obtained Design Engineering Land/Right-of-Way Acquisition Prepare Bid Documents Award Construction Contract Begin.Construction Estimated Completion Date (month/year) In process Mav 2008 May 2008 in �rocess NIA NIA NIA 2008, Project Operational 2008-2030 City of Bellingham's Applicationfor Whatcom County EDI Program Funding Page S 115 B9. Other jurisdictions. (a) Are. other jurisdictions,. such as counties, cities, port districts, tribes, state/federal agencies involved in the planning, design, financing, construction or operation of this project? If so, please identify all entities: A project of this magnitude can only succeed through numerous long-term partnerships. Fortunately, many strong commitments have helped the. project achieve its current status and many stakeholders are dedicated to seeing it succeed. Evidence of these partnerships includes: • The Port and City's formal Interlocal Agreement to jointly master plan the site and construct the needed infrastructure. • Whatcom County's leadership commitment to help fund the project through the County's EDI program., • Leadership actions by the Governor, the State Legislature and the State's Congressional Delegation to assist with funding. The Federal government has allocated $8,300,000 for transportation improvements in and around the'redevelopment area, and $487,000 for a feasibility study to relocate the railroad tracks to the edge of the redevelopment area. The State of Washington has set aside $5,000,000 towards the effort to relocate the railroad tracks. • In addition, the 2006 Legislature created the Local Infrastructure Financing Tool (LIFT) Demonstration Program, which specifically designated Bellingham's waterfront redevelopment as a demonstration project for this new infrastructure financing method. Through LIFT the City is eligible to receive up to $1 million per year for 25 years, for a maximum of $25 million, to be used for repayment of bonds issued to finance eligible public improvements. Of course, receipt of State funds is subject to the amount of additional tax received by the State from the revenue development area and matching local government contributions from incremental tax revenues or other sources. • Commitment from Western Washington University to expand facilities and programs on the site. • Regulatory agencies including the Washington State Departments of Ecology, Natural Resources, Fish and Wildlife and the federal Corps of Engineers assistance with cleanup and waterway designation issues. • Regular meetings with the Lummi Nation and Nooksack Tribe regarding the project. • Interest by the Bellingham-Whatcom County Housing Authority to help provide affordable housing opportunities as part of the.redevelopnient. (b) Explain how completion of'the project is coordinated between these entities. The City and Port formed a unique -and unprecedented partnership on the New Whatcom urban redevelopment. The Master Plan and Environmental Impact Statement process will be co - managed between the City and Port. Both the -City and Port have been -and will continue to work closely with State and Federal legislators regarding the New Whatcom Waterfront Redevelopment: Representatives from Whatcom County also participate as. they deem appropriate. in the weekly working meetings for this project. 1310. Who will operate and maintain the public facility in this project? The City will operate and maintain the public infrastructure including: streets, utilities, parks, and City of Bellingham's Application for Whatcom County EDI'Program Funding Page 6 116 trails. The Port will operate and maintain the waterways, marine infrastructure, and visitor moorage within the. redevelopment area. B11. Will this project impact utility rates and public services within the jurisdiction? Explain: The project is not anticipated to result in any increased utility rates. It will result in more ratepayers who will ultimately pay for the capital costs of the utility installations. B12. Is this project consistent with your local comprehensive plan, capital facilities plans and/or county comprehensive economic development strategy? If yes, attach relevant portion of plan. If no, please explain. In 2004, the City and Port partnered to create a vision, for the changing waterfront. Through the citizen -led Waterfront Futures Group (WFG) a plan calling for "creation of a mixed -use neighborhood that combines commercial, institutional, educational , retail service and residential use enveloped in increases quality access to the aquatic environment." The WFG also produced the Waterfront Vision & Framework'Plan on which the draft framework plan is -based. This plan is consistent with the City of Bellingham's City Council adopted 2006' goals which includes this statement: "Continue to develop a Vibrant downtown that includes a mix of residential, commercial, :,• y:._ educational, retail, and cultural uses and amenities with connections between the downtown and waterfront areas." .;. _ Finally; improvements for the New Whatcom site were submitted for the. 2006 Community & Economic Development (CEDS) project list and are listed in the City comprehensive plan, the six -year Capital Facilities Plan, and the 2006 & 2007 Budgets. See relevant pages, attached. C. Financial Information on Cities, Towns, Port Districts or Counties C1. Will a revenue stream be generated that could repay an EDI loam in addition to funding the operations and maintenance costs of the facility? Yes. .No X (a) If yes, please describe: (b) If no, please identify eligible funding sources committed to loan repayment. There will. not be a revenue stream generated from the preparation of the Master Plan or Environmental Impact Statement. Both of these documents are required as part of the planning and permitting process before any private investment can be made on the site. Most of the anticipated incremental increases in tax revenue from the redevelopment area will be used for the repayment of bonds issued to finance the public infrastructure. The remaining incremental. tax revenues from the redevelopment will cover the costs to provide city services to the area. C2. In the context of your entity's overall annual budget, explain the need for'EDI assistance. The cost to provide the entire public infrastructure identified in the New Whatcom Draft Framework City of Bellingham's Application for Whatcom County EDI-Program Funding. Page 7 117 Plan is estimated to be $197 million in 2006 dollars. This is roughly. equal to the City's entire annual budget for ail programs, services and capital improvements. Currently, the list of capital projects identified within the New Whatcom Redevelopment Area exceeds the City's known sources of funding. Therefore, other sources of. funding 'are being sought including grants and developer. contributions. If additional sources of revenue are not obtained it may result in the reduction or delay of projects. Most of the anticipated incremental increases in tax revenue from the redevelopment area will be used for the repayment of -bonds issued to finance the public infrastructure. The remaining incremental tax revenues from the redevelopment will cover the costs to provide city services to this area. C3. If the local jurisdiction is not financially contributing to the project, please explain why. The City has contributed a significant number of management and staff hours to the project providing financial analysis, mapping, engineering, estimating, planning, research, coordinating and attending public meetings. It is anticipated that the need for the City's management team and staff will continue for at least the next year during the Master Plan & Environmental Impact Statement Process as well as into the foreseeable future as redevelopment takes place. The City has created and funded three new full-time limited term positions to. assist with the work associated with this project. Additionally, the City will fund a significant portion of the almost $200 million in public infrastructure required to enable and support this redevelopment. C.4. Has the use of revenue or general obligation bonds, LID, ULIDS been explored for this public facility project? Yes - No X . Explain the outcome and describe why these financing sources would or would not be- applicable for this project. The cost to complete the New Whatcom Master Plan and Environmental Impact Statement'is estimated to be $2,200,000. City General obligation bonds are typically used to fund large scale projects and will be used to -fund the construction of the public infrastructure, which is the next phase of this.project. LIDs or ULIDs would require new development or new users to -help repay the loans and may be used in the future to pay for some of the cost of the public infrastructure. At this time, we do not believe that GO bonds, LIDS_ , or ULIDS are appropriate for paying for the Master Plan. D. Private Sector Commitment D1. Private Sector. There is no private sector commitment anticipated for'this planning phase of the New Whatcom Master Plan and Environmental Impact Statement. However, a large amount of private sector investment will take place after the Master'Plan and Environmental Impact'Statement are completed: _See below. D2. Describe the proposed private development or expansion project. that will be supported by the public facility project. The Draft Framework Plan includes the current assumptions Used by the City and Port about -the anticipated private development for the site. Further analysis of the potential development will be refined during the Master Plan process. The Draft Framework Plan assumes that a total of 5.9 million square feet of development will take place through full build -out. Table 1 shows the City of Bellingham's Application for Whatcom County EDI Program Funding - Page 8 118 different categories of private development anticipated. The estimated cost of this. private investment is $880 million in 2006 dollars. Table 1 Land Use Building Sq. Ft. (rounded) Retail 100,000 Civic / Institution 450,000 Commercial I Office 1,000,000 Hospitality 200,000 Light Industrial 550,000 Total non-residential 2,300,000 Residential 3,600,000 = 3,000 units Total Buildings 5,900,000 D3. Explain why the private development requires the proposed public infrastructure improvements described in this application. The challenge associated with the redeveloping the New Whatcom site is daunting. Some parts of the property are contaminated from decades of industrial use. None of the property has the ' needed urban streets, sidewalks, or utilities required for a mixed -use development. Many buildings on the sife must be demolished and industrial tanks and piping must be removed from the area. Extensive cleanup and habitat work must be completed to prepare the waterfront site for future uses. These -challenges can only be overcome through the creation of'a strong and lasting partnership between the City, the Port, Whatcom County, and other. stakeholders. This partnership has,access to state and federal funding that are not available to.the private sector. These funds combined with other public funds will, pay for the environmental cleanup and the construction of. necessary infrastructure that will be the catalyst for private investment on the waterfront. Providing additional financial sources and removing. the uncertainties associated with the environmental cleanup will facilitate and speed up the private investment in the site. D4. In the table below, list the number of projected jobs, by job type, to be retained and/or created as'a direct result of'the.project. Express jobs: as -Full Time Equivalents (FTEs). The following information' and charts are excerpts from an Economic Paper prepared by. Hart Hodges, Assistant Professor, Center for Economic and Business Research,- Western Washington University. The complete paper is attached. Table 2 shows, a rough estimate of the square feet of building space in, New Whatcom as. envisioned by the Port and City at the time of buildrout'or full development. The table also shows different amount of space needed for workers in different commercial categories. Scenario A — the less dense case — describes -less dense types of development and/or a -more near term scenario (where all buildings have not been constructed or space utilized to its full capacity). Scenario B City of Bellingham's Application for Whatcom County EDI Program Funding. Page 9 119 describes the. more dense case and/or longer term scenario. The results indicate that this type of mixed -use development creates between 2,400 and 4,800 permanent jobs. Table 2 Employment in New Whatcom Scenario A Scenario B (near term and/or less (longer term and/or more Category Square Feet dense) dense) Square Feet / Workers Square Feet Workers Worker 1 Worker Retail 100,000 2,000 50 750 133 Institutional 40.0,000 2,000 200 750 533 Office 1,000,000 1,000 1,000 400 2,500 Hospitality 200,000 2,500 80 1,500 133 Marine trades 700,000 1,000 700 750 933 Other light industrial 550;000 1,500 367 1,000 550 Tota l 2.950, 000 2,397 4,783 According to the Washington State Department of Employment Security, the overall average wage in Whatcom County in 2005 was $31,123. Most of the permanent jobs expected to be created in New Whatcom Redevelopment Area currently offer a higher wage than the county average. Table 3 shows the average wage in 2005 by industry sectors that are representative of the broad building categories anticipated in the New Whatcom Redevelopment. Note: the wage figures are not intended to be a forecast, but are for illustrative or discussion purposes only. Table 3 Examples of Expected Jobs and Wages . Category Industrial Sector . Avg. Wage 2005 Retail Miscellaneous Retail $21,504 Institutional State Government $37;953 Office Professional and Technical Services $42,241 Hospitality Accommodations hotel $17,885 Marine Trades Transportation Equipment Manufacturing $39,863 Other Light Industrial .Miscellaneous Manufacturing $31,608 D5. Explain how these job projections were developed. Attach supporting information such as -a business plan or year-end financial statements. *See attached Economic Paper prepared by Hart Hodges, 'Assistant Professor, Western Washington University. D6. Will the project provide expanded employment opportunities to disadvantaged or unemployed workers? How -Will the firm work to hire people form. Whatcom County? There will be two distinct employment opportunities gerrerated-by the New Whatcom City of Bellingham's Application for Whatcom County EDI Program Funding Page 10 120 Redevelopment Project. The first opportunity consists of a significant- number of construction jobs, in all disciplines and levels, which will be generated over the next 20 to 30 years as a result of both public and private investment -in this project. Based on the anticipated investment in the area, Professor Hart Hodge's analysis indicates there will be several hundred related construction and supply jobs needed to support this development. Although these jobs are "temporary" the size of the anticipated project will provide a significant boost to Whatcom County's construction economy during the next thirty -years. It's anticipated that. a majority of these jobs will be filled from the existing pool of suppliers and construction workers who reside within Whatcom County. The second employment opportunity created consists of the permanent jobs that will be located within the new mixed -use development. Professor Hodges projects that the New Whatcom redevelopment will create, in round numbers, between 2,000 and 5,000 permanent new jobs. These permanent jobs will include industries such as: retail and hospitality, institutional -research, professional and technical services, warehouse and light industrial, and marine trades. The ultimate number and type of jobs created is dependent upon the density of redevelopment and types of business that locate in the redevelopment area. Both of these elements will be further reviewed and analyzed during the master plan process. At this early stage -in the planning process it is -difficult to identify specific employment opportunities and needs. However, it is anticipated that the New Whatcom Redevelopment project will expand employment opportunities for all Whatcom County Residents including the disadvantaged and unemployed workers. To ensure that the project provides a positive boost to the economy, the City will continue to support and partner with local economic development organizations. These organizations provide a vital link to existing businesses in Whatcom County and firms that may be interested in relocating here. The City currently supports and/or partners with the following economic development organizations: Sustainable Connections, Bellingham Whatcom Economic Development Council, Downtown Renaissance Network, Bellingham Whatcom county Tourism, and the Technology Alliance Group. The City will. collaborate with these organizations to draw upon their respected expertise and coordinate efforts amongst all. participants. In addition, the City will.explore new partnerships with other organizations that provide specific employment and training services in order to provide the employees necessary for a - . ' redevelopment project of this size. These organizations may include: Work Source Development, Whatcom Community College's —Work Retraining Program, Bellingham. Technical College's — Career Center, Western Washington University's — Small Business Development Center, Building Industry Association, and the Lummi and Nooksack Tribes. Another opportunity may bean outreach program to attract -and facilitate bilingual workers from the local Hispanic, eastern European, and Pacific -rim countries. The size and length of this project will provide ample opportunity. -and need to foster -new partnerships and expand upon existing partnerships with local organizations: It is -too early in the planning process to. -identify specifics needs, but the City is planning to'utilize these organizations throughout the life of the redevelopment project. D7. 'Outline construction schedule (if -applicable) for the proposed private sector project. Private Facility Construction Begins Private Facility Construction Complete Private Facility Operational (Month/year). Beginning in 2009 Over 20 — 30 years City of Bellingham's Application for Whatcom County 1;DI Program Funding Page 11 121 D8. List all permits required for the private sector project and give the current status (applied for, application begin prepared; permit issued, etc.) In'their Interlocal Agreement the Port and the City noted that consistent and predictable interpretations of the applicable building and development regulations, and an expedited process for necessary land -development approvals is critical to encourage private investments in the New Whatcom redevelopment area and for the public entities to obtain a reasonable and timely return on their investments in this area. The Port and the City are working cooperatively to specify the permit requirements for development projects within the New Whatcom Redevelopment area. These will be determined and implemented through the Master Plan, Environmental Impact Statement, and Development Regulations processes. D9. What private authorizations are still needed before proceeding with the proposed private development project? The completion of the New Whatcom Master Plan, Environmental Impact Statement, and development Regulations are all necessary before any private Development investment 1 projects can proceed. D10. Explain how the private sector is financing their capital investment in this project. When will private sector financing be in place? Please list financial references that can verify financing sources and capacity for this project. Private sector financing will be solicited when the Master Plan, Environmental Impact Statement, and Development Regulations are complete. E. Project Feasibility E1. Summarize the results of the feasibility analysis that supports your proposed public facility investments. Current analysis indicates that there is no other'project of this magnitude on the Vilest coast'of the United States, and -perhaps in the nation, that, has so many positive factors in its favor. These factors include: . + Strong local and state partnerships and support for the project + Commitment for specific major project elements (Marina and WWU) and significant interest in other possibilities (NQAA, Coast Guard and the TerrAquarium) • Significant acreage under one .ownership and immediately adjacent to a thriving downtown + Strong multimodal transportation access to the area and the site + A strong local economy'with expanding marine trades, medical and technical sectors + A highly educated local workforce and excellent University, Community College, Technical College.and local schools • A highly desirable local .quality of life that is attractive to economic development The City and Port have completed preliminary financial models of the draft framework plan, the infrastructure projects listed in that plan and the'costs based on 2006'preliminary engineering estimates. These models indicate the need to prioritize infrastructure improvements, reduce their City of Bellingham's Application for Whatcom County EDI Program Funding Page 12 122 scope, and/or find additional sources of funding. The Port and the City are also conducting a market absorption and branding analysis to determine how best to position the project in the market. This analysis, the EIS and the master plan will all provide additional information that will -be used to ensure that the redevelopment is successful. The LIFT revenues from new property and sales taxes generated in the New Whatcom redevelopment area are allocated to repaying the bonds for the capital costs for 25 years. New tax revenues not -dedicated to LIFT will cover the costs to provide City services in the area. E2. Identify industries that are targeted for recruitment with this project. The Port and City are conducting a market absorption and branding analysis to determine how best to position the project in the market to attract private investment. At the same time, several strategic goals have evolved for the waterfront mixed -use redevelopment including: the importance of marine trades industry, providing sustainable development, complement the existing downtown, provide public access to the waterfront, provide an area that promotes both a living and working environment, and be a technological innovation center of excellence. The land use analysis portion of the master plan will help determine the proper balance of public and private uses that will best achieve these strategic goals. While many projects are still in the development stages, some very real and exciting possibilities are on the horizon including: • A Marine Trade Center that will help support the 800-900 marine related employees that already exists in Whatcom County and provide the uplands and facilities necessary for this industry to continue to prosper. • Corporate headquarters for a technology based or outdoor focused company. • Western Washington University is planning for a new world ciass,facility for its College. of the Environment, expansion of the Regional Business Institute, and a new Science and. Technology Center. These innovation.centers will partner with private business to produce goods and services that stimulate the local economy. • Professional and Technical Service industries including: insurance, securities, and banking. • A local not -for -profit group is developing plans for a new regional TerrAquarium that will house educational research and interpretive displays. • Opportunities for the development of federal facilities such as the Pacific Fleet Headquarters for NOAA and/or a regional U.S. coast Guard installation. • Retail establishments that provide neighborhood services • Preliminary discussions with the Lummi and Nooksack tribes regarding- their potential involvement. • .Bellingham Housing Authority 0. Describe a market strategy that contains action elements with appropriate -timelines. Who will be responsible.for implementing the marketing strategy? The Port, as the primary property owner, will conduct marketing efforts for the sale and lease of property -within the redevelopment area. The Port has contracted with FUSIONPARTNERS, LLC to prepare and. present a comprehensive Marketing Positioning Statement, to include -strategy for communications., branding, naming, theming, logo(s) and. identity(ies) for the Bellingham Waterfront Redevelopment.. The objective is to position the Bel Iingbam'Waterfront Redevelopment for sale or -lease to land users, developers, commercial tenants and other potential users, investors and development partners. City of Bellingham's Application for Whatcom County EDI Program Funding Page 13 123 E4. Describe the site's appropriateness by addressing (at a minimum): o Zoning — The waterfront redevelopment area is currently zoned "Heavy Industrial". The Master Plan calls for rezoning the waterfront development area to mixed -use including: marine industrial, light industrial, residential, commercial, office, and retail. o Environmental restrictions -- Storm water has not previously been treated, but will be treated in the future as redevelopment of the area progresses. o Access to infrastructure ■ Water ■ Sewer Road ■ Rail Electricity All the above items are currently available at the site. The redevelopment plan provides for improving all'of the infrastructure in the redevelopment area to facilitate and encourage .mixed -use private investment. o Distance to markets — The waterfront development area is within walking distance to the entire downtown Bellingham central business district. The buiWout of the infrastructure will enhance connectivity to Bellingham central business district and adjacent neighborhoods by improving and adding street and trail infrastructure. o Site's ability to support the anticipated development over time — The Master Plan will produce the development guidelines for this area of approximately 220 acres. It is anticipated, that there will be approximately .90 acres of land. available for private development. The anticipated private construction investment in the area is $880 million in 2006 dollars. This level of investment will produce a significant increase in sales tax and property tax revenue for both the City and Whatcom County. E6. Provide an analysis of other adequately serviced land in the area and give the primary reasons for the selection of the' proposed site over other existing sites. The property's location in the heart of Bellingtiam's waterfront district, make this an ideal site combining environmental cleanup and mixed -use redevelopment. There are few, if any sites, like this on the West coast with this amount of. acreage, location on the waterfront, proximity to downtown, and potential for redevelopment. Over the next three decades, this area will transform from an industrial waterfront site into a vibrant new neighborhood featuring parks and trails; sustainable urban living, and a mix of essential new and traditional jobs. E6. Describe the plan to secure the total required funding for the public facility improvements. Is it secured or not, and will it be -available in the -time frame established for project completion? The cost to complete the New Whatcom Master Plan and Environmental Impact Statement is estimated to be $2,200,000. The Port will pay one-half this amount and the other half will be paid by the City with an ED[ grant from Whatcom County. Both the City and Port have budgeted for these anticipated expenditures in their respective 2007 budgets. City Council.and Port Commission approval of the first two phases of the consulting services contracts (see attached CollinsWoermen and Blumen Consulting Group contracts} contract took place in December 2006. Financing of the capital infrastructure is dependent upon the final Master Plan and is still being refined (see C2). City of Bellingham's Application for Whatcom County ,EX Program Funding Page .14 124 E7. For the total project, including publitand private components, please describe the' projected number of jobs created andlor.retained, anticipated wages and how wages compare to local prevailing wages, opportunities the project may offer to the local labor force and other related issues. The attached economic paper by Professor Hart Hodges outlines two scenarios that produce a range of jobs in the New Whatcom development area of between 2,400 and 400. The types of jobs likely to be located in this area typically pay wages above the average wage for Whatcom County. In addition, the creation of a Marine Trade Center would help support and retain the 800- 900 people that are already employed in Whatcom County's marine industry. Another component of jobs that will be created from this redevelopment is the construction jobs associated with the public and private investment in the area. IMPLAN software is often used to estimate economic impacts and the number of workers associated with different expenditure levels for construction projects. This software program suggests that every $1 million in construction expenditures results in 13-14 construction workers and an additional 9-10 related service jobs, for a total of roughly 23 workers per $1 million of construction expenditures. It is anticipated that most of the needed workers and suppliers would_ be filled from existing firms located in Whatcom County. The anticipated level of private investment over the next thirty -years is $880 million in 2006 dollars. In the middle and latter stages of redevelopment, annual construction expenditures of $20 million would. create the equivalent of roughly 460 one year jobs. Some of these jobs will be on -site construction jobs and others will be in related areas such as building material and transportation services (see attached'economic paper by Hart Hodges). The average construction wa9e is between $36 - $57,000, which is substantially higher than Whatcom County's average wage of $31,123. E8. Describe specific, quantifiable measures of the outcomes, other that jobs, that will demonstrate project success. Describe how you will measure these. Explain what you expect to show as progress toward the outcome for each year before the whole outcome has been achieved. The success of this project will culminate through the public process with both the City Council's adoption, and Port Commission's approval of the New Whatcom Master Plan and Environmental Impact Statement and Development Regulations. The -Master Plan scope of work -anticipates this process being completed by'May 2008 (See attached CollinsWoermen Master Plan and Environmental Impact Statement Scope of Work for detailed schedule of deliverables). Additionally, the success of the project will be measured by achieving the following outcomes: • Completion of priority infrastructure improvements • Location of VWVU facilities on the site • Creation of significant 'new public waterfront access and public amenities • Creation of.new affordable housing. opportunities as. part of this project • Private investment at the level anticipated by the adopted master plan City of Bellingham's Application for Whatcom County EDI Program Funding Page 15 125 Application for Funding — Certification I HEREBY CERTIFY THAT THE INFORMATION GIVEN IN THIS APPLICATION TO WHATCOM COUNTY FOR INVESTMENTS IN ECONOMIC DEVELOPMENT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. Signature of Responsible Public Official: Date 6 Print or Type Name and Title: Tim Douglas, Mayor City of Bellingham 's Application for Whatcom County EDIProgram Funding Page 15 126 Table of Contents Attachments---; O-n',Notei One full set of these attachments is available in the County Council office) September 26, 2006 Project Update...............................................................1 Scope of Work — Collins Woerman ................................................................2 Scope of Work Blumen Consulting Group, Inc....................................................3 SiteMap.....:..........................................................................................4 Council Goals 2006 Budget........................................................................5 Comprehensive Economic Development Strategy List(CEDS)..................................6 City of Bellingham Comprehensive Plan (applicable pages)...................................7 Six Year Capital Plan (applicable pages)..........................................................8 Council Goals 2007 Budget.........................................................................9 Professor Hart Hodges'White Paper..............................................................10 127 Table of Contents Attachments (*',Notq,:1 One full set of these attachments is available in the County Council office) September 26, 2006 Project Update...............................................................1 Scope of Work — Collins Woerman ................................................................2 Scope of Work Blumen Consulting Group, Inc .................................. ..............3 SiteMap .....:........................ ................................................................4 Council Goals 2006 Budget........................................................................5 Comprehensive Economic Development Strategy List(CEDS)..................................6 City of Bellingham Comprehensive Plan (applicable pages)...................................7 Six Year Capital Plan (applicable pages) ................ ...................8 Council Goals 2007 Budget.........................................................................9 Professor Hart Hodges' White Paper..............................................................10 128 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2007-1 s 2 CLEARANCES .Initial Date Date Received in Council Office A enda Date Assigned to: SM 312107 March 13, 2007 Finance/Coup Originator. Division Head: Dept. Head: Prosecutor: BB 316107 Purchasin /Bud et: ,Executive: TITLE OF DOCUMENT: Economic Development Investment Program — EDI Board recommendation ATTACHMENTS: Memorandum; EDI Board Meeting Notes from 2126107, EDI Program application from City of Ferndale SEPA review required? ( ) Yes { X ) NO Should Clerk schedule a hearing? ( ) Yes (X ) NO SEPA review completed? { ) Yes { X ) NO Requested Date. SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires apublic 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.) The Economic Development Investment Board has reviewed a funding application From the City of Ferndale, and is making the following recommendation for adoption by the County Council. Approval of City of Ferndale's request for EDI funding in the form of a 113 grant, 213 loan ( $504,900 grant and $1,026, 000 loan) in support of the Centennial Riverfront Project. 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 website at: www.co.whatcom.wa.us/counciL it 129 0M co WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 �9SyIN�c0 Bellingham, WA 98225-4082 MEMORANDUM To: Whatcom County Council Members Pete Kremen County Executive Dewey Desler DeputyAdminstrator From: Dewey Desler, Deputy Administrator Subject: EDI Applications -- Economic Development Investment Board's Funding Recommendations Date: March 5, 2007 Background The EDI Board met recently to review two applications for EDI funds. The first applicant, City of Bellingham, is requesting grant funding to support the New Whatcom Redevelopment Project Master Plan and Environmental Impact Statement. The Waterfront Redevelopment Project is the largest redevelopment project in the history of Whatcom County and is the beginning of a new era for Bellingham's waterfront. Redeveloping Bellingham's central waterfront will provide numerous economic and other benefits for Whatcom County, including promoting mixed -use redevelopment that will help generate new family -wage jobs. City and Port officials are committed to working together to establish new zoning, permitting and master planning documents that incorporate public input, recommendations from the Waterfront Futures Group and Planning Commission, consultant expertise, and staff input that has been received to date. So far this partnership has already generated strategic guidelines, a draft framework plan showing potential roads, trails, parks and development blocks, as well as development phasing assumptions and an economic analysis of potential costs and revenues. The next phase of the project, which is what the City is requesting EDI funding support for, will build on this information to produce (1) an Environmental Impact Statement of the redevelopment, (2) a Master Plan and a Scheme of Harbor Improvements, (3) a set of development regulations that establishes all required standards for the entire New Whatcom area and (4) a development agreement between the City and Port that establishes each jurisdiction's responsibilities associated with implementing the master plan. The City and the Port are asking for the County to partner with them in supporting this important aspect of the project development. They have requested a 100% grant of $1.1-million, as a part of a $2.2-million master planning program. The EDI Board believes that Whatcom County is a stakeholder in this important community project and will clearly benefit by adding our financial support. The second applicant for EDI funding is the City of Ferndale. The project they are seeking support for is the Centennial Riverfront Project. This project will construct a pedestrian -oriented riverfront Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738-4555 130 Memo to Whatcom County Council members 3/5/2007 plaza along the banks of the Nooksack River in Ferndale. It is considered a cornerstone for Ferndale's downtown economic development and has received endorsements from the City's Economic Development Committee, the Ferndale Downtown Development Association and the Ferndale City Council. In addition to a pedestrian promenade, the project calls for public bathrooms as well as water and electricity connections for vendor booths that would be set up during festivals. In addition, benches and other features (sculptures, fountains, etc.) are anticipated. The project design process is complete and the City of Ferndale's goal is to permit and construct the Riverwalk in 2007, with completion scheduled for October of this year. They are requesting EDI funding in a combination of grant and loan. EDI Board Action At the February meeting of the EDI Board, there was a unanimous recommendation to provide EDI funding as follows. This recommendation is now being presented to the County Council. Board Project Applicant Funding Request Recommendation Vote City of Bellingham City of Ferndale $1,100,000 (grant) $ 504,900 (grant) $1,026,000 (loan) Set aside $1.1-million 11-0 over the next 5 years to support waterfront redevelopment efforts $ 504,900 (grant) 11-0 $1,026,000 (loan) The EDI Board voted to recommend that the County Council endorse a position that within five ey ars a total of at least $1.1 million dollars of EDI funding be granted to the City of Bellingham to support the waterfront project. The City of Bellingham would draw on this grant funding through grant applications over a period of five years. This would enable the EDI Program fund to sustain itself over time rather than deplete a large portion of grant funds that need to be remain available for other projects (please see the EDI Board Meeting Notes, attached). If you have any questions on this matter, please feel free to contact me. Attachments: EDI Program Applications, EDI Board 02/26/07 Meeting Minutes 131 Notes of EDI Board Meeting Board Members present at Meeting: Pete Kremen, Whatcom County Gerry Millman, Timber Representative Doug Smith, Port of Bellingham Jack Louws, Mayor, City of Lynden Dan McShane, County Council Member Tim Douglas, Mayor, City of Bellingham February 26, 2007, 10:30 a.m. Dewey Desler, Whatcom County Steve Jilk, PUD #1 Todd Sewell, Agricultural Rep. Nancy Jordan, EDC Bob Bromley, Mayor, City of Sumas Absent: Ken Oplinger, Bellingham/Whatcom County Chamber of Commerce Brad Smith, WWU Huxley College Others present: Brian Henshaw (City of Bellingham "COB"), Malcolm Fleming (COB), Therese Holm (COB), Dodd Snodgrass (POB), Jerry Landcastle (City of Ferndale), Greg Young (City of Ferndale). Board Chairman Pete Kremen welcomed everyone. Introductions were made. Review of Public Utilities Improvement Fund — Fund Status Dewey Desler gave a brief overview of the fund status, using the spreadsheet handout provided, which showed fund balances as of December 31, 2006. Steve Jilk asked about the interest that is collected on this fund, and suggested that the interest totals be reflected on the spreadsheet. Pete Kremen urged the board to consider the intent of the program guidelines for funding projects, that is, 2/3 loan and 1/3 grant funding. EDl Program Funding Applications 1) City of Bellingham - Project. New Whatcom Redevelopment Project Master Plan. Pete introduced Malcolm Fleming, who provided a power point presentation on the project history, status and vision, as well as how it meets the goals of the EDI Program. Therese Holm also addressed the board with regard to cost and revenue projections and assumptions. Jack Louws asked if the County had previously made any financial commitments for this project to the City of Bellingham, and Dewey Desler replied it had not. Discussion followed and several questions were addressed: job creation projections, impact fees, economic growth opportunities, Port of Bellingham's financial commitment and sources, etc. Dan McShane asked if in the future the County would be invited to provide input in the master planning and development process. Malcolm said that both public and private parties have all along been encouraged to participate in the planning process, and that that would continue. In fact, the County administration has been receiving email updates from his office, as well as an open invitation to attend the waterfront redevelopment planning meetings. There was discussion regarding the fact that this request is designed to pay for master planning and an Environment Impact Statement, and not for a "bricks and mortar" capital construction project. What additional aspects of project funding might the County be interested in providing down the road? Then the fact that the request is for a 100% grant, and not a loanigrant split, was addressed. The City of Bellingham noted that they would be unable to repay a loan, given the immediate need for cash at this stage in the project and the large funding gap that exists. 132 Some concern was expressed regarding the fact that this request, if approved, would deplete the ED1 fund resources in the "grant" category, and make it difficult for future projects to obtain such monies. Tim Douglas moved that the EDI Board commit $1.1 million for "some" project, so that the City of Bellingham can draw on funds over the next five years. This was seconded by Doug Smith. Jack Louws called for a friendly amendment providing that whatever related project is approved be consistent with all the goals and objectives of the EDI Program. There was some further discussion, and Pete Kremen requested a clarification of the motion. Mr. Douglas restated: he moved that the Board endorse a position that within five years a total of $1.1 million dollars of EDI funding be granted to the City of Bellingham to support this project. Pete Kremen asked that the motion include that the funding will be at least $1.1 million of 100% grant money over five years. He then called for a vote on the motion, which was taken. Motion passed unanimously 11-0. 2) City of Ferndale — Project: Centennial Rrverfront Project Greg Young gave a brief presentation of the project and the positive economic impacts that it will have on the City of Ferndale. In fact, those impacts have already begun, as there is now one new residential development (100-unit apartment complex) that has been initiated as a direct result of this proposed improvement to the downtown core. City of Ferndale is also celebrating its 100 year centennial anniversary this year, and has named this project its Centennial Project. It is ready to go, with all the planning and design work completed. The permitting process is currently underway. The funding request is for a 213 loan and 113 grant, and the loan repayment will come from the city's Park Mitigation fund. The revenue stream in that fund is sufficient to cover the repayment for this loan request. Jack Louws made the motion that the EDI Board approve the funding application as written: $1,026,000 in the form of a loan*, and $504,900 in the form of a grant. Steve Jilk seconded the motion. Pete Kremen called for a vote on the motion, which was taken. Motion passed unanimously 11-0. There being no further business, the meeting was adjourned at 12:30 p.m. * The EDI loan would have a 20 year term, with an interest rate of 1.5%. 133 Applicant: Project # Whatcom County EDI Program Application Review Checklist , W1 a.l.e Project Title: Initial Submission Received — Date: 2-1.172- LY7 FEB 16 2007 'PETE KREMEN Completed Application Received — Date: 2 i u 4'_ Is this application for: [circle one] 1.) Loan Only 2. Loan/Grant 3.) Grant Only Amount of funding requested: LOV) - Cover Letter or Executive Summary for project attached: Q'Yes ❑ No ❑ NIA Funding Terms Identified: Yes ❑ No ❑ NIA Project Description Completed: Financial Information Completed:. Private Sector Commitment Identified: Project Feasibility Completed: Application Signed: Resolution Authorizing EDI Application Attached:.��(, Project Engineering and Costs Estimates Attached: Contingency Agreement Signed and Attached: Supporting Documents Attached Is applicant eligible for program funding? Does this project exceed tho minimum project amount? Are other funding sources involved? Is this project contingent on other funding sources?. Yes Yes ❑ Yes )f Yes EX. Yes ❑ Yes P< Yes ❑ No ❑ NIA ❑ No ❑ NIA ❑ No 2�N/A ❑ No ❑ N/A ❑ No ❑ NIA ❑ No ❑ N/A ❑ No ❑ Yes '❑ No XYes ❑ No. KYes ❑ No Yes -❑ No Yes ❑ No JK Yes ❑ No ' ❑ N/A ❑ N/A N/A ❑N/A ❑ N/A ❑ N/A ❑ N/A M.1User4Centra1EDMEDI Progrem4ED1 App Review Form - Fall 2006.doc Page 1 of 2 134 Project #� Is the local matching funds 10% of the EDI funding. request? Yes ❑ No Is this project on the CEDS Project List? try slk,{ fn ❑ Yes No El NIA Application Complete? ` l�A,16Lz 5'hor�L r- ��A-e der ji4 jn'Z rn ❑ Yes KN o List Incomplete Items: 1.)��t��wr�o,� 2.) 3.) Other Number of Jobs created: jpoU Number of jobs retained: 1 i3b What is the jobs per EDI dollar ratio? "D Comments: EDC Review By EDC Review By Date Reviewed: '2-I } 6 /07 Date Reviewed: 1y. Application Forwarded to Whatcom County — Date: J lG 10 -7 ❑ NIA ❑ NIA M.,VserslCentra! EDC1EDl ProgramlEDl App Review Form - Fall 2006-doc Page 2 of 2 135 !emM CITY OF FERNDALE2095 Mein Street Po Box 936 aIe Ferndale, Washington, 98N8 City of 1 City of Ferndale Centennial 1907 - 2007 "Honoring Our Past... Creating Our Future" Ferndale February 15,.2007 Ms. Nancy Jordan Interim Executive Director Bellingham Whatcom EDC 105 East Holly Street PO Box 2803 Bellingham WA 98227 Re: City of Ferndale EDI Application Centennial Riverwalk Project Dear Ms. Jordan, Enclosed please find an EDI application in support of the City's Centennial Riverwalk Project. This project is designed to stimulate the economic development efforts within downtown Ferndale through the construction of a pedestrian -orientated riverfront plaza. The City is requesting a grant totaling $504,900 and a loan totaling $1,026,000 supporting the construction costs of this project. The City has utilized City funds as well as a Port of Bellingham grant to design this project over the last 12-months. Our hope is to permit and construct the Riverwalk in 2007, with completion scheduled for October of this year. The enclosed. application packetincludes the following elemerits: • The EDI application 0 A City Council Resolution supporting the EDI application • Excerpts from the City's Comprehensive Plan supporting the Riverwalk • Excerpts from the City's Shoreline Master Plan supporting the Project 0 Support documentation from the City's Economic Development Commission, the City's' Downtown Development Association, and the City's Parks, Recreation. and Trails Advisory Board. Administrative offices Clerk's Office & Finance Dept Planning & Building Dept Public Works Dept Phone: 390-384-4302 Phone: 364384-4302 Phone: 360-3M 43D2 Phone: 360 3Q44302 Fau 360-301-1163 Fax 360-M-1183 Far 360.384-5189 Fax 360,44-5199 136 Visif us at www.cffyoftemdale.org We trust the enclosed information will allow the EDI Board and the County Council to consider this funding request. We would like to thank these bodies in advance of their deliberations for considering this application. The City considers the Centennial Riverwalk Project to be the cornerstone in our efforts to bring vitality and economic development to our downtown and we look forward to your decision. Sincerely 137 Application to the WHATCOM COUNTY ECONOMIC DEVELOPMENT INVESTMENT PROGRAM go Ferndale For Ferndale's Centennial Riverwalk Project 138 WHATCOM COUNTY ECONOMIC DEVELOPMENT INVESTMENT PROGRAM City Of ` =; Ferndale Ferndale's Centennial Riverwal, Table of Contents Section Description EDI Application Riverwalk Design Proposal Project Cost Estimate, Conceptual Design Drawings Supporting Excerpts from City's Comprehensive Plan Supporting Excerpts from City's Shoreline Master Program Supporting City Council Resolution Project Support Letter k Project Page Number 1 thru 8 9 thru 14 15 thru 16 17 thru 19 20 thru 21 22 thru 24 25 26 139 Summary - Application for Funding Applicant (Governmental Entity) Federal Tax Number Contact Name Title Telephone Fax Email Address City of Ferndale 91-6001429 Greg Young City Administrator 384.4302 384.1163 cityadmin@ci.ferndale.wa.us PO Box 936 Ferndale WA 98248 Project Title Ferndale Centennial Riverwalk Amount of EDI loan requested: Amount of EDI grant requested: Source of Local Match: City Funds List other funding: Source NIA $1.026,000 $504,900 $170,000 Date Date Amount Requested Approved of Funding $ $ TOTAL public project costs: $ TOTAL private investment in plant/equipment $ Application for Funding 51612003 Page 3. Whatcom County EDI Program 14� A. Request For Funding Terms Al. Indicate the terms of the funding that you are requesting here. (Interest rate will follow the current State rate.) (a) Total number of years for repayment loan repayment over 20 years (b) Other specific terms:. Request for funding is based on $1,700,000 construction cost less 10% local match with balance divided 113 grant and 213 loan. B. Project Description B1. Describe the entire public facility project, including the parts that you are not asking EDI to fund. The attached Design Proposal details the project but in summary the project will construct a pedestrian promenade along the banks of the Nooksack River in Ferndale. This project.is considered the cornerstone for downtown economic development. The project, developed in conjunction with a Citizen Committee has been endorsed by the City's Economic Development Committee, the Ferndale Downtown Development Association and Aas been approved by the Ferndale City Council. The project calls for public bathrooms as well as water and electricity connections for vendor booths that would be set up during festivals. In addition, benches, and other features (sculptures, fountains, etc.) are anticipated. The costs of the project are as follows: Design Engineering $43,000 — paid -with City funds and a grant from the Port of Bellingham — these costs are on -going and are not -included in the EDI application. Land Acquisition Three parcels are under contract for purchase. These parcels, located adjacent to the Ferndale Nooksack River Bridge, will be the site fo•r the entry plaza to the Riverwalk. The cost of the land acquisition is $415,000 and is included in the EDI application. . Project Construction The enclosed Engineer's estimate of construction cost totals $1,233,104. These costs may change pending the outcome of the bidding process. These costs are included in the EDI application. COST SUMMARY Design Engineering $43,000 (not included in EDI application) Land Acquisition $415,000 Construction $1,233,104 Contingency $51,896 Total' $1,700,000 Total Cost $1,700,000 Less: 10% Match 170 '000 Net EDI $1,530,600 EDI Request $504,900 Grant (113) EDI Request $1,026,600 loan (213) Net EDI $1,630,000 Application for Funding 51612003 Page 4 Whatcom County EDI Program B2. Will this project upgrade an existing public facility? Yes & No Bui[d a new one? Yes & No Describe: The Riverwalk will be constructed on what is now Front Street in Ferndale. The City will be closing this street (except for emergency access) and raising the street to the level of the existing Nooksack Dike to provide for the pedestrian promenade. So the project.will-be upgrading an existing city street (even though traffic will no longer be allowed) and constructing a new public facility (Riverwalk). B3. Specifically, what element(s) of the public facility project Will EDI funds pay for? The EDI . funds will pay for land acquisition and construction of the Ferndale Riverwalk. B4. Include a site map of the area. (Materials must be reproducible in black and white and in 8 1/2 x 11 format.) Identify the location of,the site, public infrastructure and private development project, existing and/or proposed. See enclosed Site Map. B5. Attach engineering estimates that support project costs. Identify if estimates are from preliminary engineering or design engineering work. See engineer's estimates enclosed — preliminary engineering is complete and enclosed cost estimate is for construction. B6. Describe how the public facility project will enhance or encourage other development in the immediate area in addition to the direct development described in this application. The Riverwalk project is considered the major downtown economic development project for the city. Based on the design of the project, adjacent property owners are now in discussions with our Planning Department for the construction of mixed -use buildings in the area. In anticipation of this project, the Ferndale City Council recently approved new zoning and development standards for this area which will allow for structures significantly higher than previously allowed. It is believed that the Riverwalk Project will be the catalyst for immense redevelopment of downtown Ferndale for many years. B7. List all permits andenvironmental reviews required for the public sector project and give their current status (applied for, application being prepared, permit issued, etc.) Permit/ Anticipated Environmental Completion Review Issuer Status Date SFPA City of Ferndale On -Going April 2007 Shoreline Permit City of Ferndale On -Going April 2007 Permits City of Ferndale On -Going April 2007 B7. Provide preliminary project schedule: Preliminary Engineering Report Environmental Review All Required Permits Obtained Design Engineering Land/Right-of-Way Acquisition Prepare Bid Documents Award Construction Contract Begin Construction Project Operational Application for Funding 51612003 Estimated Completion Date (month/year) Completed April 2007 April 2007 Completed April 2007 April 2007 May/June 2007 -June/July 2007 September/October 2007 Page 5 Whatcoin County EDI. Program go B8. Other jurisdictions. (a) Are other jurisdictions, such as counties, cities, port districts, tribes, state/federal agencies involved in the planning, design, financing, construction or operation of this project? If so, please identify all entities: None (b) Explain how completion of the project is coordinated between these entities. 139. Who will operate and maintain the public facility in this project? The City of Ferndale will operate and maintain the Riverwalk 1310. Will this project impact utility rates and public services within the jurisdiction? Explain: No impact to utility rates and/or. public services 1311.. Is this project -consistent with your local comprehensive plan, capital facilities plans and/or county comprehensive economic development strategy? If yes, attach relevant portion of plan. If no, please explain. The City is current completing a technical update to our Comprehensive Plan — the Riverwalk is a component of the Plan. See enclosed verbiage. C. Financial Information On Cities, Towns, Port Districts or Counties C1. Will a revenue stream be generated that could repay a EDI loan in addition to funding.the operations and. maintenance costs of the facility? No —the City will be using existing city resources (most likely Park Mitigation monies) to repay the loan. (a) If yes, please describe: (b) If no, please identify eligible funding sources committed to loan repayment. Park Mitigation funds C2. In the context of your entity's. overall annual budget, explain the need for EDI assistance. As is the -case for most cities, a project costing $1.7 million dollars would be unachievable given that no new revenues stream will be created. The City views this project as an investment in our community and the downtown area. C3. If -the local jurisdiction is not financially contributing to the project, please explain why. The City is contributing 10% of the project cost ($170,000). Application for Funding 51612003 Page 6 Whatcom County EDI Program /443 7' C4. Has the use of revenue or general obligation bonds, LID, ULIDS been explored for this public facility project? Yes, Explain the outcome and describe why these financing sources would or would not be applicable for this project Revenue bonds are not feasible since no revenue stream will be generated. An LID is not feasible since this type of park project does not generate identifiable post -project increases in property tax assessments. General Obligation Bonds have been considered but the cost of issuance, the potential interest rates and the overall debt service requirements are considered too great. D. Private Sector Commitment Note: To show that a specific private investment is ready to occur, but will do so only if EDI assistance is made available, you must complete a Contingency Agreement with each private sector representative that will be investing. If a developer is involved, you must also obtain a signed Contingency Agreement between the developer and the proposed tenant. Complete this section and a Contingency Agreement for each private sector entity. The Riverwalk Project has no Private Sector involvement. D1 . Private Sector Firm Name. Contact Name Title Telephone Fax Email Address D2. Describe the proposed private development or expansion project that will be supported by the public facility project. WA D3. Explain why the private development requires the proposed public infrastructure improvements described in this application. WA Application for Funding 51612003 Page 7 Whatcom County EDI Program 'S'144 D4. In the table below, list the number of projected jobs, by job type, to be retained and/or created 'as a direct result of the project. Express jobs as Full Time Equivalents (FTEs). 1 FTE = 40 Flours per week. Do not include fringe benefits in wage data. NIA Job Description Current Jobs Retained'* In FTEs # Of Jabs Created Year 1 in FTEs # Of Jobs Created by Year 3 In FTEs Current or Initial Hourly Wages Local Occupational Hourly Wages' M mt./Admin* Technical/Prof Office/Clerical Production Sales Skilled Crafts . Others Totals N/A N/A *Indicate Management positions in annual salary. "Retained jobs are defined as jobs that would otherwise be lost to the county. Contact Whatcom County Economic Development Council for information on this column. a. Projected annual gross payroll for all job classifications $ b. How many of these positions are for seasonal work? (In FTEs) c. What kind of fringe benefits does the company offer to regular full time employees? (i.e., health insurance, retirement plans, etc.) D5. Explain how these -job projections were developed. Attach supporting information such as a business plan or year-end financial.statements. (Financial statements may be unaudited). (Vote: The entire EDI application is considered a public record, however, financial and commercial information provided by the private business is exempt from disclosure to the extent permitted by 42.17 RCW. NIA D6. Will the project provide expanded employment opportunifies to disadvantaged or unemployed workers? How will the firm work to hire people from Whatcom County? NIA D7. Outline construction schedule (if applicable) for the proposed private sector project. Private Facility Construction Begins Private Facility Construction Completed Private Facility Operational Application for Funding 51612003 (month/year) Page 8 Whatcom County EDI Program J�A 45 D8. List all permits required for the private sector project and give the current status (applied for, application being prepared, permit issued, etc.) Permit/ Environmental Review NIA Issuer Status Anticipated Completion Date (Vote: All permits required to complete the project must be secured within six months of an EDI loan or grant approval. D9. What private authorizations are still needed before proceeding with the proposed private development project? ' NIA D10. Explain -how the private sector is financing their capital investment in this project. When will.private'sector financing be in -place? Please list financial references that can verify financing sources and capacity for this project. NIA Financial contact(s) phone# phone# Note: Be sure to include a contingency agreement (see sample) for each private sector. E. Project Feasibility E1. Summarize the results of the feasibility analysis that supports your proposed public facility investments. The Riverwalk will be' on existing City property. The City will be closing the existing street to construct the Riverwalk. As a result, the project is considered 100% feasible. E2. Identify industries that are targeted.for recruitment with this project. This project 'lls.designed to bring additional economic development opportunities to downtown .Ferndale. Application for Funding 5161200.3 Page 9 Whatcom County EDI Program -746 E3. Describe a market strategy that contains action elements with appropriate timelines. Who will be responsible for implementing the marketing strategy? NIA E4. Describe the site's appropriateness'by addressing (at a minimum): o Zoning Existing Street zoned Public Purpose o Environmental restrictions No wetlands — site is existing city street o Access to infrastructure Water Available (bathrooms & vendor booths) ■ Sewer Available (bathrooms to be constructed) R Road Available R Rail NIA ■ Electricity Available o Distance to markets NIA o Site's ability to support the anticipated development over time. NIA E5. Provide an analysis of other adequately serviced land in the area and give the primary reasons for the selection of the proposed site over other existing sites. The Nooksack River is one of, the unique aspects of Ferndale. There is no other logical location -for this project. E6. Describe the plan to secure the total required funding for the public facility improvements. Is it secured or not, and will it be available in the time frame established for project completion? Local match is secured. E7. For the total project, including public and private components, please describe the projected number of jobs created and/or retained, anticipated wages and how wages compare to local prevailing wages, opportunities the project may offer to'the local labor force and other related issues. NIA E8. - Describe specific, quantifiable measures of the outcomes, other than jobs, that -will demonstrate project success. Describe how you will measure these. Explain what you expect to show as progress toward the outcome for each year before the whole outcome has been achieved. This project is anticipated to jump-start downtown economic development Application for Funding—. Certification I HEREBY CERTIFY THAT THE INFORMATION GIVEN IN THIS APPLICATION TO WHATCOM COUNT! FOR INVESTMENTS IN- ECONOMIC DEVELOPMENT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. _ Signature of Responsible Public Of Print or Type Name and Title: 0 Ai Im Ili kti Ulf 3� INTRODUCTION On September 15; 2004 the Planning Commission heard two requests for Shoreline Substantial Development Permits for properties located along Front Avenue.' Permits for both multi -family residential projects were granted.. The larger ten -unit project is now occupied, and the smaller 3-unit project is under construction. During that review, the Planning Commission focused their discussion on street improvements and sidewalks. It was their desire to. enhance the waterfront and create a pedestrian -friendly environment At that time, the Commission directed staff to review the typo of improvements that would be appropriate given the constraints of the topography and limited right-of-way. After consultation with the City Council, staff initiated a planning effort to create a plan for riverfront enhancements. The Riverview Plaza and Trail Plan is the result of that planning effort After extensive work by staff and a citizens advisory.committee, Council adopted the plan on. September 6, 2005. Since adoption of the plan, staff has worked on gaining grant funding for the project An initial grant request for construction funds was denied. Later; staff was successful in obtainingla grant for project design. The grant, and'matching funds obtained from park mitigation fees, provided' a total of $43,000 for project design. Planning staff'has been working with a consulting engineer and landscape architect to develop preliminary design plans based on the- Riverview Plaza and Trail Plan. - During the process, staff consulted with the citizen advisory committee that was the - guiding force behind the Riverview Plaza and Trail Plan. That committee has selected froma number of concepts to create a preferred design.. The design included in this report is the advisory committee`s.preferred design concept The Riverwalk design has been presented to.the Ferndale Downtown --Development Association (FDDA) and the Parks Recreation and Trails Advisory Board (PRTAB). Both bodies supported the proposed design.. The FDDA passed. -a unanimous resolution in support The, PRTAB passed a resolution in support,, and stressed -the importance of including a public restroom. The proposal will be presented to the Shoreline Permit (04001.SH)- A three unit multi -family residentiatbuilding addressed as 5623 Front Street. Shoreline Permit (04002.SH) - A ten unit multi -family residential building addressed as 1991 Alder Street Centennial Riverwalk Preliminary Design Proposal Page 1 of 5 ME Community Coordinating Association on February 1, 2007 (after the drafting of this report). OVERVIEW The foldout attachment contains preliminary design plans for the Riverwalk. Sheet L- I is -an overview. Sheets L-2 and L-3 show more detail of two areas, "Main Street Entrance" and "Maple Street Park." The cover -of this document contains an image from the Riverview Plaza and Trail Plan that was used as.a central guiding reference in developing the- preliminary design. The preliminary design is intended to create.a finished project that will look similar to the image below. The design concept is a wide pedestrian corridor (24-40 feet) with benches, trees, landscape beds and lawn areas. The pavement is decorative concrete, with a series vi of curng lines that simulate the curves and swirls of.-flowing'water. A. representation. of the general pavement concept is shown -on the following page. As with the. preceding image'this is not the exact design, but a picture of the general concept. The area currentJy.occupied by Front Avenue will be.filled and elevated so the - pedestrian corridor-Mll' be at the- same level- as the top of the'levee. Lawn and'small trees will be planted on the levee top. The concept is fora welcoming pedestrian area buffered by a green space with views -directly down to the river and towards Mount Baker in the distance. The lawn°area on the levee top" is. intended'to provide. space for vendors, booths at -farmer's markets, fairs and festivals. By using the top -of the levee, the Riverwalk area gains 10-12 feet of width, and- makes it so that space fot vendors does not detract from the' pedestrian walking area. Elevating the pavement has the added benefit of lifting the project out of the floodplain and reinforcing'the levee. Centennial Riverwalk Preliminary Design Proposal Page 2 of 5 Pavement Design Concept - Main Street Entry Area The most visible and public part of the project is the interface with Main Street. Vehicles and pedestrians crossing the Main Street Bridge have a direct view of -the proposed entry area. Therefore, this location is considered the primary fool point. . The advisory committee believes -this is the point where an exciting visual attraction is necessary to get people to notice the plaza, and to entice people to get out of their cars and visit the area (including the businesses in Downtown Ferndale). The advisory committee views it as the City's opportunity to create a public space that- makes- Ferndale's image. .It is -an opportunity to create what Ferndale is known for. The design concept for the Main Street Entry is a public square with.a central art. feature, decorative paving, and seating areas; the edges are softened by native tree and shrub plantings. (See'Sheet L 2.) -The design also includes a small lease -able building suitable for a coffee shop, ice'cream stand,. or other pedestrian -oriented business. Public restrooms are incorporated into the building design, Centennial Riverwalk Preliminary Design Proposal Page 3 of 5 /z51 A central public art feature is intended to draw attention to the entry. The art element -is visualized by a metal salmon sculpture, 15-25 feettall, installed in a fountain with water jets washing over the base of the sculpture. The fountain would highlight the historical importance of the Nooksack River and salmon- as a natural/cultural resource. In the Main Street Entry and throughout the Riverwalk,. interpretive displays could be installed to highlight Ferndale's history and create a historical attraction to link downtown with Pioneer Park. Maple Street Park Maple Street Park is a pocket park and vehicle parking lot located in the Maple Street right-of-way, where a retired sewer pump station is currently located. The park would also occupy an adjacent City -owned lot. In contrast to -the Main Street Entry, Maple Street Park is primarily a green space with lawns, shrubs, trees and ornamental plantings. The park is themed towards recognition of Ferndale's pre-Euro-American history: Interpretive historical exhibits highlight the Native American history of Ferndale and the logjam that was significant in. Ferndale's early history. The park has a focus on native plant species, uses "rain garden" infiltration for sto rmwater management, and is highlighted by at least one large totem. ,!,, The park provides a casual gathering place with benches, open lawn, and scattered picnic tables. During festivals or other events the park could accommodate small group entertainment such as a musician, clown, or other entertainer. The park is not designed to accommodate large audiences. An important aspect of the park is the inclusion of parking. Preliminary design indicates 15-20 parking spaces can be developed at the site. Pioneer Park interface The Riverwalk terminates at Cherry Street. However; the proposed improvements include upgrading the first block of Cherry Street with a meandering sidewalk and landscaping. The project -would occupy the full width of the riot -of -way, and is designed -to interface -with the proposed design for Pioneer. Park (including the new entry courtyard). This interface completes the link between Ferndale's premier park and the-City's Main. Street Centennial Riverwalk Preliminary Design Proposal Page 4 of 5 ti ,1�2 FUTURE PHASES . The Centennial. Riverwalk is the first phase in construction of the amenities described in the Riverview Plaza and Trail Plan. The project is designed -to interface with the proposed trail heading south along the levee top. The gravel surface on the levee south of Cherry Street may only need periodic brush and weed control to become a useable trail. To make that trail truly useful, a crosswalk would berequired on Ferndale Road near the Bergsma House parking lot Further extension of the trail is proposed in the plan, with an eventual connection to Hovander Park via a pedestrian/bicycle bridge. To the north 'the plan calls for an underpass beneath Main Street so that pedestrians and bicyclists can continue north to Vanderyacht Park without crossing Main_Streei. Additional phases would also continue the trail north using a mix of elevated boardwalk and at -grade trail along the river's edge from Main Street to the existing trail in Vanderyacht Park. The underpass beneath Main Street is potentially expensive, difficult to construct, and difficult to get permitted due to habitat and flooding concerns. However, the advisory committee feels it is an important part of the overall project The committee has asked staff to relay to Council the question, "Do you support the underpass. and should future phases of construction assume it will be built?" if Council believes the underpass is an important and realistic component of the overall project; the current phase should be designed to interface with it Centennial Riverwalk Preliminary Design Proposal Page 5 of 5 1Y3 Retchhardt & Ebe Engineering, Inc. 423 Front Street Lynden, WA 98264 Phone: (360) 354-3681 Called By: City of Ferndale For. RIVERVIEW PLAZA 2095 Main Street Femdale, Washington 98248 Engineer's Estimate By. Larry Leicht, P.E. Date: 15-Jan-07 'Item Unit No. I-Quan'tity'lunit Price. Amount 1 Mobilization (Street) 2 Spill Prevention, -Control, - and Countermeasures (SPCC) Plan 3 Traffic Control Labor (Street). 4 Temporary Traffic Control Devices 5 Clearing and.Grubbing 6 Removal of Structures and Obstructions (Street) 7 Asphalt Pavement Removal 8 Roadway Excavation Including Haul 9 Gravel Base 10 Crushed Surfacing Top Course 11 HMA Class A 12 PVC Storm Drain Pipe, 84neh Diameter 13 C-PDP Storm Drain Pipe, 12-Inch Diameter 14 Adjustments to Finished Grades 15' Storm Drain Catch Basin Type 1 wl Frame & Grate 16 Bank Run Gravel for Storm Sewer Trench Backfill. 17 Rairr-Garden Excavation 18 Rain Garden Topsoil 19 Underdrain Pipe System 20 Rain Garden Landscaping 21 Inlet Protection 22 ErosionMater Pollution Control 23 Seeded Lawn Installation with 6" Topsoil 24 Cement Concrete Traffic Curb & Gutter 25 Type E Curb 26 Cement Concrete Gutter 27 Pavement Repair Type 1 28 Cement Concrete Sidewalk 29 Cement Concrete Driveway. 30 Front Street Scored/Colored Walkway 31 Maple Street Decorative Wal"y 32 Main- Street Plaza Decorative Walkway. 33 Sidewalk Ramp Type 1As 34 Permanent Signs 35 Plastic Stop -Bar, 18-Inch 36 Plastic Crosswalk Stripe 37 Palnted-Parking Line 38 Pothole Existing Underground Utility 39 Decorative Concrete Block Well with Top Cap Seating 40 Decorative Concrete Block'Wall'withoutTop Cap Seating 41 Bench , 41.1 Picnic Table 42 Trash Receptical 43 Landscaping 43.1 Irrigation 1 L& $74,628 00 $74,628.00 1 LS $2,000.00 $2,000.00 200 HR $36.00 $7,200.00 1 LS $2,000.00 .$2,000.00 1 LS $6.000.00 $6,000.00 I. LS $15,000.00 $15,000.00 2100 SY .$8.00 $16.800.00 1,000 CY .$9.00 $9,000.00 3,600 Ton $10.00 $36,000.00 300 Ton $20.00 $6,000.00 300 Ton $60.00 $18,000.00 70 LF $30.00. $2.100.00 300 LF $34.00 $10,200.00 .1 LS $1,000.00 $1,000.60 8 FA $800.00 $6,400.00 400 Ton $10.00 $4,000.00 150 CY $15.00 $2.250.00 120 CY $20.00 $2,400.00 100 LF $20.00 $2,000.00 1 LS - $2,000.00 $2,000.00 20 EA $100.00 $2,000.00 1 FA .$2,000.00 $2,000.00 SY $7.00. . $0.00 400 LF $18.00 $7,200.00 350 LF $20.00 $7,000.00 650 LF $18:00 $11',700.00 50 SY $25.00 $1,250.00 320 SY $30.00 $9,600.00 220 SY $35.0.0 $7,700.00 2400 SY $50.00 $120,000.00 400 SY $50.00 $20,000.00 1000 SY $50.00 $50,000.00 4 FA $1,000.00 $4,000.00 1 LS $2,000.00 $2,000.00 15 LF $5.00 $75.00 . 80 SF $3.00 $240.00 400 LF $1.00 $400.00 4I=A $500.00 $2,000.00 250 SF $20.00 $5.000.00 700 SF $18.00 . $12,600.00 29 FA $1,080.00 $31,320.00 3 EA $2.700.00$8,100.00 2 EA $810.00 $1,620.00 1 LS $52,500.60 $52,500.00 1 LS $23,000.00 $23,000.00 1.54 4 44 Street Light Base 18 EA $600.00 $10,800.00 45 Street Right Conduit 1600 LF $10.00 $16,000.00 46 Electrical Service, 200 amp 1 EA $2,000700 $2,000.00 47 Electrical Conduit, wire, receptacais 1 LS $20,000.00 $20,000.00 48 Fountain with Salmon Sculpture 1 EA $90,000.00 $90,000.00 49 Totem Pole 1 EA $35,000.00 $35,000.00 50 Fencing - Simple Welded Fabrication - Galvanized 1 LS $30,825.00 $30,825.00 51 Repair istIng Public and Private Facilities Street 1 1FA 1 $10,000.00 $10 000.00 Total Schedule A Construction Street Related Work $820,908.00 Schedule C fWater Related Work 52 Mobilization (Water) 1 LS $9,370.00 $9,370.00 53 Traffic Control Labor (Water) 50 HR $36.00 $1,800.00 54 Ductile Aron Pipe for Water Main 8-Inch Diameter 1300 TON $40.00 $52,000.00 55 Bank Run Gravel for Trench Backfiil (Water) 1500 LF $10:00 $15,000.00 56 Connect to Existing Water Main' 4 EA $2,000.00 $8,000.00 57 Testing Water Pipe 1 LS $3,000.00 $3,000.00 58 Hydrant Assembly 3 EA $2,400.00 $7,200.00 59 Concealed Hose Bibs 7 EA , $500.00 $3,500.00 60 Service Connection 1-Inch Diameter I 10 EA 1 $500.00 $5,000.00 Subtotal Schedule C $104 870.00 Sales Tax Schedule C Items 8.4% $B 809.08 Total Schedule C Constructlon(Water Related Work $113 679.08 CONSTRUCTION SUB -TOTAL I $934,687.08 CONSTRUCTION MANAGEMENT (10%) $93,468.71 CONSTRUCTION CONTINGENCY (10%) $93;468.71 STREET LIGHT INSTALLATION (BY INTOLIGHti $111,600,00 TOTAL PROJECT COST $i,233,104.60 This estimate was prepared without the benefit of a design and therefore shall be considered. preliminary and subject to change due to the.possiblllty of changes In the quantity of worts and changes In unit prices overtime. This estimate does not lnclude' coats for right-of-way acquislgon and costs for removal of structures and property restoration. �� 155 GS in �n s�. r 0 cnN a IF E. 158 19 Parks and Recreation Office. The former office of the Parks and Recreation Department was located at -5475 .Ferndale Road. It was in the former Bergsma House which Was constructed in 1908-. The Bergsma House features a meeting room and kitchen with occupancy of 30. The- Bergsma House was renovated in 2000. Pioneer Park Roller Rink. The building that houses the Ferndale Boys and Girls Club is a former roller skating rink. It is leased from the city at no cost, in 1996 the building received a new roof and in 1998 the building was painted and new gutters installed. Pioneer Park Cedar Slab Museums. Pioneer Park features a collection of cedar Slab buildings dating back to the. 1800's. The buildings are open for guided tours on a seasonal basis and feature artifacts owned by the Whatcom . Old Settlers Association .and maintained by the Ferndale Heritage Society. INVENTORY OF SPECIFIC RECREATION FACILITIES Within the City of Ferndale The following is a summary of specific public and private recreation facilities located within the Ferndale Urban Growth Area: Picnic Shelters — 2 Soccer Fields — 9 Softball Fields -.8 Little League Fields —7 Trails and Bicycle Paths Play Equipment —14 Picnic Areas — 8 Swimming Pools — 3 [privately owned] Stage —1 The City of Ferndale currently maintains % mile of trails in the parks. system. The trails are located within Vanderyacht Park and Flair Park. The Nooksack River levee was designated a bicycle/pedestrian path in the Whatcom Transportation Plan prepared by the Whatcom Council of Governments and adopted in October 2001. This Plan identifies a regional trail project, the Nooksack River Trail, which will impact future trails planning in Ferndale. Identified in -the 1994 Bicycle Plan, the Nooksack River Trail is proposed to follow the dikes and banks of the river from Bellingham to Maple Fails. Intersecting other proposed regional -trails, the result. will be an approximately 70;mile long loop. providing visitors or commuters from. -all over City of Femdale — Comprehensive Plan January 2007 Capital Facilities — Chapter VI Recommended Final Draft Page 44 western Whatcom County opportunities to utilize a non -motorized off -road corridor. The Whatcom County comprehensive trail transportation. network plan could be developed in coordination with the extensive existing British Columbia trail network and the Trans- Canada Trail to provide further non -motorized and recreational travel'opportunities. The City recently adopted the Riverview Plaza and Trail Plan, and is currently working with a citizen group to develop plans to construct a trail along the Nooksack River, ultimately connecting Pioneer Park and Vanderyacht Park. The trail will be designed to provide a myriad of recreational opportunities as well as enhance economic development opportunities in the downtown business core of the city. The Plan also seeks to improve public access -to the shoreline. In addition, approximately one mile of city streets has been designated as a bicycle route. Future transportation improvement projects will add bicycle lanes to Mountain View Road between Fourth Avenue and Church Road, and on Malloy/Vista, between Fourth Avenue and Thornton Road. Links to the regional bicycle network are more fully described in the Transportation Element. Within the Ferndale UGA Outside the City Limits The Growth Management Act states that any facilities located within the UGA should become a component of each jurisdiction's Comprehensive Plan. There are additional lands available for parks and recreation purposes located adjacent to the Urban Growth Boundary of the City of Ferndale which. add value to the parks and recreation opportunities to residents and visitors of Ferndale.. These lands 'include- 346 acres comprising Hovander Park and Tenant Lake managed by Whatcom County. Parks, and 374 acres of Washington State Department of Fish and Wildlife lands. Level of Service The 2002 Parks 'and. Recreation Facilities and Open Space Master Plan uses a .2000 populationof 8,758, and 'projected populations of 17,322. for 201�7, and 'approximately 30,00. 0 for complete "build -out" -of- the -urban growth area. For the purposes of this Comprehensive Plan, the April 2005 population estimate prepared by the Office of Financial Management (OFM) of 9,750 for the City. of Ferndale was used to calculate existing deficiencies. in park land and 'recreation facilities. The 'OFM projected year. 2025 population is 18,415. Levels. -.'of service standards established by the'Comprehensive Plan will utilize this population figure. of Femdale — Comprehensive Plan Update January 2007 Capital Facilities — Chapter A Recommended Final Draft Page 45 160 0 / The strategy therefore used by the City for restoration and enhancement projects on private property will be to provide development incentives (allowing development where conceivably prohibited) when development projects include a restoration component. The deciding factor used by the City in these instances will be to weigh the benefits of restoratio nlenhancement vs. the potential negative effects of development. If on balance, the development projects provide more potential benefit vs. potential determent from an ecological function standpoint, the city will endeavor to permit the project. As a result of this strategy, the funding for private property restoration and enhancement will lie with the property owner and the ability of the City, together with our permitting partners, to -permit appropriate development on parcels previously precluded from development when a net benefit to the ecological function of the shoreline can be demonstrated. Timelines & Benchmarks The timeliness for restoration projects contemplated by the City (i.e. storm water management) will commence in 2007 and will be on -going for many years. The timelines for restoration projects contemplated by private parties is more uncertain and would, by necessity, be tied to the land owners willingness to consider development projects that could lead to restoration. The benchmarks for both categories of potential enhancement and restoration will be the net increase in the ecological functionality of the properties. � Public Access Plan Public Access Overview Given the three classifications of shorelines within Ferndale (Le. — Nooksack River, Various Streams, &100=Year Floodplain Wetlands), public access is only deemed appropriate for areas. of the -Nooksack River. Given that the overriding principle for public access under the Ferndale .� Shoreline Master Program is access without net'loss of shoreline function, direct SS public access to.the streams:and.the 100- rIVER ACCEq year flood plain wetlands are not deemed to . be appropriate. There does however exist currentand potential direct and indirect public access opportunities on public property for areas"of the -Nooksack River as it runs through the City of Ferndale. As will --be demonstrated in this. -section, the-existin'g.and contemplated public access . opportunities on public property within the City are many -and will carry out our desire to provide public access to the Nooksack River. In addition; the City believes that an - incentive program for access on private property along tl a Nooksack Rive_ r would be appropriate. 10 Ferndale, SMP Appendix August, 2006 161 ,22 It should be noted that the City is also contemplating the construction of a riverfront plaza 'and trail system along the city right-of-way fronting the Nooksack: This project is currently being engineered and the City hopes to construct it in the year 2007. Please refer to Attachment-B located within this document for more information. Classification of Shoreline Uses and Access Shoreline uses includes three broad classifications; water -dependent, water related, and water -enjoyment. With the. Nooksack River being a wild and scenic river, the ability for either water. -dependant or water -related uses is severely limited — suffice it to say that the City does not currently have any businesses that could be deemed water - dependant or water -related. The City also believes that the potential for future water - dependent or water -related commercial enterprises to be very limited. Even with this' limitation, the City does provide water -enjoyment opportunities along the portion of the Nooksack that flows through the City. Water -enjoyment activities can either be active (direct physical access) or passive (water view). In all instances, both direct and indirect water -enjoyment access is provided via existing public property along the Nooksack River. Public Access Principles The -principles of public access within Ferndale are centered, in the ability of the public to gain physical access to'the.river on public property and the ability of the public to enjoy viewing -the river at various points -in -the City on public property. With the City owning three public parks (Vanderyacht, Hastings, & Pioneer Park) either directly on the Nooksack or adjacent to the river, the principle of -promoting public access while protecting private property rights' can be -achieved. In addition, views of the river are afforded from the Main Street Bridge as it crosses the Nooksack. Please refer to the map on page 15 for existing public property-along'the Nooksack River. Railroad Bridge Vanderyacht Park. in Background Regarding -the. provision of public access to the River on- private property, due'to.the reasons outline above, the City does not believe that it is 'appropriate or necessary to tie increase public access (active or passive) to private -development within the. SNIP jurisdiction. With this said, the City would like to provide incentives to private property owners to provide. increased public access to the River.- These incentives_ . are. outlined below and include enhanced development opportunities tied -to -increased, public access. 11 Ferndale, SMP Appendix August, 2006 Current Public Access Needs & Opportunities The Nooksack River extends for approximately 6,200 feet as it passes through Ferndale (from the 1-5 bridge to the north to the PUD water intake point to the south. Of this, public property directly on the River constitutes approximately 3,800 feet (see map on page 15), Existing Public Access on Public Property —Within Ferndale SMP Jurisdiction This existing public property along the Nooksack provides for both active and passive public access. Active public access is provided at Vanderyacht Park while passive public access is provided at Hastings Park, Pioneer Park, and from the Main Street Bridge. Existing Public Access on Public Property — Adjacent to Ferndale SMP Jurisdiction Abutting Ferndale to the south (as a result, just outside of Ferndale's SMP jurisdiction) is Whatcom County's Hovander Park. Formally a family farm, Hovander Park includes 720 acres and has over one mile of river frontage on the Nooksack-w;,ti n While direct access to the river is limited, a trail along the river affords many views of the Nooksack. I; In addition to Hovander Park, there exists a State of Washington boat launch on the Nooksack which lies just outside of our SMP jurisdiction. This boat launch naturally affords active access to the Nooksack River. See the map on page 16 for the Iodation of Hovander Park and the State of Washington boat -launch. View of Vanderyacht -from Hastings Park Existing Public Access on Private Property The largest private land holding along the Nooksack River as it passes through Ferndale is the Riveerfront Golf Course. Golf courses are unique in so_ far as they; by nature, provide passive and active access totheir surroundings. In. the case of Ferndale, this passive public access i.ncludes'views of the River. Naturally due to the nature of the game, this access is limited -to actual players and does not include the general public on an unrestricted basis. Access Needs With the extensive amount of'relatively unrestricted public access on public property and the somewhat restricted public access on a selected. private property, access to the River is numerous and varied. This existing access and the contemplated increased access through the.construction:of the Riverfront Plaza and Trail Plan, will well serve the public access needs of the citizens of Ferndale. 12 Ferndale, SMP Appe 'x ugust, 2006 z�k3 City of Ferndale Resolution # A RESOLUTION SUPPORTING THE ECONOMIC DEVELOPMENT INVESTMENTS (EDI) PROGRAM APPLICATION FOR THE CENTENNIAL RIVERWALK PROJECT Whereas, The city of Ferndale desires to promote and expand economic development activities in downtown Ferndale; and Whereas, The City has embarked on a Centennial River -walk Project for this purpose; and Whereas, the City has identified'the Economic Development Investments Program as an appropriate and desirous source of funding for -this important project; and Whereas, in the interests of economic development and downtown vitalization, the City Council -does hereby resolve as follows: Through. this resolution, the Ferndale City Council does hereby support an EDI grant and loahmplication on behalf of the Centennial Riverwalk Project. '. PASSED AND ENACTED by the City of Ferndale City Council ''Meeting in regular sessign;.on the 20'' day -of February, 2007. Jerry Landcastle, Mayor Linda, Knutson, City Clerk MEMORANDUM Date: February 15, 2007 To: Greg Young, City Administrator' From: Paul Koch, Consultant RE: Riverwalk Project Support Greg: Please be advised that in collaboration with the Planning Department, we have had the opportunity to review the proposed master plan and time line fog the Riverwalk. All three organizations, the Ferndale Downtown Development Association (FDDA), the Community Coordinating Association (CCA) and the Parks Recreation & Trails Advisory Board (PRTAB) have all gone on record at their most recent meetings to support this important project. For the FDDA, this is a vitally important project and is viewed -as critical to the revitalization of the downtown area. This is the second time the FDDA has taken a position of support for the project. The new PRTAB also is very excited about the project as a connection to Pioneer Park and downtown. The PRTAB has in fact .recommended that this project be number one in priority. in their proposed Six Year Parks CIP. I will work with each of these groups to- get the City a formal letter of support. I expect that to take a few weeks as I am out of town at this time. However, I did want you and the City to be formally notified of these actions. Thank you.. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 -- 133 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Orr inalor: Brenner 2/21/2007 2/27/2007 Introduction Division Head: 3/13/2007 Finance/Council De t. Head: Prosecutor: Purchasin /$ud et: Executive: TITLE OF DOCUMENT. - Ordinance amending WCC 3.08, Purchasing System ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a Bearing ? ( } Yes { X ) NO Requested Date: SUMMAR Y STA TEMENT 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.) COMMITTEE ACTION: COUNCIL ACTION. 2/27/2007: Introduced 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 Ion the Coun 's website at: www.co.whatcom.wa.us/council. .: PROPOSED BY: Brenner SPONSORED BY: Consent INTRODUCTION DATE: February 27, 2007 ORDINANCE# AMENDING WHATCOM COUNTY CODE 3.08, PURCHASING SYSTEM, SETTING REQUIREMENMTS FOR COUNCIL/EXECUTIVE APPROVAL OF CONTRACTS RESULTING FROM PR03ECT BASED BUDGET APPROVAL AND SMALL WORKS WHEREAS, the Whatcom County Code 3.08 exists, in part, to define the roles of the Council and the Executive branches as a check and balance regarding awarding contracts; and WHEREAS, this code was recently amended to allow the Executive branch to award contracts which it then oversees; and WHEREAS, the Administration believed the recent amendment would make government more efficient; and WHEREAS, the recent amendment reduces the Council's direct ability to be a check and balance on this important administrative function; and WHEREAS, many contracts which are awarded range from hundreds of thousands to millions of dollars; and WHEREAS, most other contracts take very little extra time since they are generally passed as consent agenda items and WHEREAS, the reduction in efficiency is negligible since the difference in time of award is usually only two weeks unless council members have concerns regarding the content of a contract. NOW THEREFORE BE IT ORDAINED by the Whatcom County Council that Whatcom County Code 3.08 is hereby amended to read, in its entirety, as set forth in the attached Exhibit A to this ordinance. ADOPTED this day of , 2007 Dana Brown Davis, Council Clerk APPROVED as to form: Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Chairperson ( ) Approved { ) Denied Pete Kremen, Executive Date: 167 EXHIBIT A Chapter EM PURCHASING SYSTEM Sections: 3.08.010 Purpose. 3.08.020 Administration. 3.08.030 Authority and functions. 3.08.040 Price quotations. 3.08.050 Deleted. 3.08.060 Bids and proposals required. 3.08.070 Contractor's bond required for public works. 3.08.080 Labor and material claims. 3.08.090 Bid specifications, deposits and awards. 3.08.095 Small works roster contract award process. 3.08.100 Council approval required. 3.08.110 Unregistered or unlicensed contractors prohibited. 3.08.120 Joint purchasing. 3.08.130 Amendments to chapter. 3.08.140 Severabiiity. 3.08.010 Purpose. It shall be the purpose of this chapter to establish a purchasing system to work with all county departments, agencies, boards and commissions; and other operations of the county to ensure efficiency in procurement of supplies and equipment of the necessary quality at the lowest possible cost; to ensure compliance with purchasing statutes, regulations, policies and procedures; to ensure efficient utilization of county property, new and used; and to minimize employee time devoted to purchasing functions. (Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.020 Administration. The director of the administrative services department shall have full authority and responsibility for the operation of the purchasing system under the direction of the county executive. (Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.030 Authority and functions. A. The authority to recommend and implement administrative policies and procedures that provide a comprehensive basis for purchasing functions shall fall under the purview of the purchasing system. B. The following responsibilities shall be coordinated through the purchasing system: 1. Continue to improve services to departments and agencies in the area of purchasing. 2. Develop automated requisition and reporting systems. 3. Improve purchasing productivity -and control for all departments. 4. Standardize high volume purchases. 5. Centralize and execute printing orders from departments. 6. Develop efficient policies and procedures for acquiring goods and services. 7.Implement inventory controls and minimize costs of goods and services. S. Submit an annual report on the status of county -owned inventories. The report may include recommendations for improved standardization and high volume purchasing. 9. Prepare and make available to all departments standardized forms for requisitions, vouchers, inventories and any other form required for county operations. 10. Assign purchase order numbers for every transaction wherein the county acquires supplies, materials, equipment or contract rights in property or public works. 11. Annually publish in a newspaper of general circulation within Whatcom County a notice of the existence of vendor lists. Solicit the names of vendors for the lists. 12. Secure telephone and/or written quotations from enough vendors to assure establishment of a competitive price. 13. Award contracts for the purchase of materials, equipment or services involving amounts not exceeding $10,000. 14. Whenever practical, contact at least three vendors to assure competitive pricing. 15. When the amount of any transaction exceeds $10,000, the division, unless otherwise provided by law, shall be responsible for the review and approval of specifications and the preparation of invitations to bid pursuant to provisions set forth in this chapter. 16. Bids shall be checked for accuracy and/or compliance with specifications and invitation to bid. 17. Make bid recommendations on all bid awards to the county executive. 18. Perform such other duties as may be required to further the purposes of this chapter. (Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.040 Price quotations. Whenever practical, price quotations from at least three vendors shall be solicited for contracts and purchases or leases of supplies, materials or equipment involving amounts not exceeding $10,000 in a single transaction. Records of all quotations obtained shall be maintained and shall be open to public inspection. (Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.050 Vendor lists. Deleted by Ord. 97-034. (Ord. 93-042 Exh. H). 3.08.060 Bids and proposals required. Bids or proposals must be submitted in response to specifications and invitations to bid for all contracts and purchases or leases of supplies, materials or equipment involving funds of $10,000 or more except as follows: A. Professional consulting services of $10,000 or more shall be made upon a call for bids, proposals, or statements of qualification, except in the case of an emergency declared by the county executive, or when the acquisition of such services is from another public entity, or when the county council, upon recommendation of the county executive, finds that a waiver of the bid requirement will be in the best interest of Whatcom County. "Professional 169 consulting services" includes, but is not limited to, services from lawyers, architects, engineers, labor relations consultants, and computer specialists. B. In regard to contracts with architectural and engineering services, this section shall supplement the provisions of Chapter 39.80 RCW and not be in lieu thereof. C. Repairs for less than $20,000 on equipment necessary to complete a project and intergovernmental transfers of property shall not be required to go through competitive bidding. However, should either the repair or the property transfer be for $25,000 or more, it shall require council approval. D. Sole source purchases shall not be required to go through competitive bidding. A purchase may be determined to be sole source by the county executive or designee when the bidding process would be futile because only one bidder could respond to the invitation. E. In the event of an emergency when the public interest or property of the county would suffer material injury or damage by delay, upon an order of the county executive declaring the existence of such emergency and reciting the facts constituting same, the requirements governing competitive bids with reference to any purchase or contract may be waived pursuant to RCW 36.32.270. F. Public works projects involving funds sueeessery statute, less than $100,000 may be completed utilizing the small works roster contract award process. (Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.070 Contractor's bond required for public works. A. The county shall require from a successful bidder a contractor's bond in the amount and with the conditions imposed by law. B. On contracts of $25,000 or less, Whatcom County may, where 50 percent of the contract amount is retained for a period of 30 days after date of final acceptance (providing all necessary releases from the tax commission and the Department of Labor and Industries have been received) dispense with the requirement of a contractor's bond, as permitted by state law. C. When required, the contractor's bond shall be a good and sufficient bond, with two or more sureties, or with a surety company duly and currently licensed to engage in surety bonding business in the state of Washington. Such bond shall conform to RCW 39.08.010. D. The contractor's bond shall be payable to the county of Whatcom, state of Washington. The conditions of the contractor's bond shall include: 1. The faithful performance of the contract; and 2. The faithful payment of all laborers, mechanics, subcontractors, materialmen, and persons who supply such laborers, mechanics, subcontractors, or materialmen with provisions and supplies for carrying on such work. E. The contractor's bond is to be approved and filed with the original contract document within 10 days (exclusive of the date of notice) after notice of award. (Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.080 Labor and material claims. A. Notice Required to Create Lien Against Retainage. Every person performing labor or furnishing supplies toward the completion of a contract for public improvements or work by the county other than for professional services shall have a lien upon the retainage reserved; provided, such notice 170 of the lien of such claimant has been given in the manner and within the time provided in RCW 39.08.030 through 39.08.060 as now existing and in accordance with any amendments that may be made thereto. B. Special Notice Required for Suppliers to Bind Retainage. Every laborer, mechanic, subcontractor, materialman and person who supplies such persons with provisions and supplies for carrying on contract work for the county shall have a right of action against the contractor's bond; provided, that within 45 days from and after the completion of the contract with an acceptance of the work by the affirmative action of the county council, county executive, county engineer, or other officer acting for the county, the lien claimant, or person claiming to be entitled to a lien, present to and file with the county a notice of claim of lien in compliance with the requirements of RCW 39.08.030 and 60.28.011. C. Special Provision of Claims Not Timely Filed. Whenever the county has entered into a contract for the construction of any public improvement for the benefit of the county, whereby the contractor agreed to furnish all labor, material and supplies necessary for the improvement, and the contractor has proceeded with such improvement and procured from other persons labor, material, or supplies and used the same in the construction of the improvement, but has failed to pay such persons therefor, and such persons have filed claims therefor against the county, .and the claims have been audited in the manner provided by law and found to be just claims against the county, and valid obligations of the county except for the fact that they were not filed within the time provided by law, the county council may provide funds sufficient therefor, and cause the payment of such claims in the manner provided by law for the payment of valid claims against the county. (Ord. 97- 034 Exh. A; Ord. 93-042 Exh. H). 3.08.090 Bid specifications, deposits and awards. A. In developing specifications for bids or proposals, all reasonable efforts shall be made to ensure that a variety of vendors shall be capable of fulfilling the stated requirements of the county. Performance considerations shall be included in the specifications. However, nothing in this section shall be construed to limit the county from pursuing sole source procurement where adequate justification has been presented that such procurement is in the best interests of county operations. B. When the amount of any contract, purchase or lease exceeds $10,000, the administrative services department shall be responsible for the review and approval of specifications and the preparation of invitations to bid pursuant to provisions set forth in this chapter. C. No warrants shall be issued for the purchase or lease of capital outlay equipment (nor a lease period extended or purchase -option exercised) unless authorized by the director of the administrative services department or designee. D. All bid specifications for public works, leases, or purchases prepared under the provisions of this chapter shall be in writing and placed on file for public inspection. E. An advertisement that written specifications are on file and available for public inspection shall be published in the official county newspaper. Advertisements shall be published at least once in each week for two consecutive weeks prior to the last date upon which bids will be received and may be published for as many additional publications as shall be considered in the county's interest. Such advertisement shall state: 171 1. The date after which bids will not be received; 2. The character of the work to be done, or the materials, equipment or service to be purchased; and 3. Where the specifications may be seen. F. No bid shall be considered for public works unless it is accompanied by a bid deposit in the form of a surety bond, postal money order, cash, cashier's check, or certified check in an amount equal to five percent of the amount of the bid proposed. G. Should the bidder to whom the contract is awarded fail to enter into the contract or fail to furnish the contractor's bond within 10 days (exclusive of the date of notice) after notice of the award, the amount of the bid deposit shall be forfeited to the county. Thereafter, the award shall be made to the next lowest responsive bidder. The bid deposit of an unsuccessful bidder (if his bid deposit has not been forfeited) shall be returned after the required contractor's bond of the successful bidder has been accepted. H. Bids received shall be opened and read in public on the date named in the advertisement for bids, or to such an adjourned time as may then be publicly announced. I. After opening, all bids shall be reviewed and referred to the requisitioning department for recommendation of award. Bids will be forwarded by the director of the administrative services department or designee with a recommendation to the county executive for award. 3. After opening and award, all bids shall be filed for public inspection, and available by telephone inquiry. K. Any or all bids may be rejected for good cause. If all bids are not rejected, the award shall be to the lowest responsive bidder. In determining which is the lowest responsive bidder, the county may take into consideration the bidder's responsiveness to the county's requirements, the quality of the articles to be purchased or leased, availability of parts and service, delivery time, the tax revenue the county would receive from purchasing from a supplier located within its boundaries and prior dealings with the bidder. L. The county may issue requests for proposals for services, or for technologically complex equipment including but not limited to computers, software, or telephone systems. If all proposals are not rejected, the award shall be to the highest rated proposal, talking into account the selection criteria published in the request for proposals. M. The county may award to multiple bidders for the same commodity or service when the bid specifications provide for special circumstances in the determination of which vendor is truly the lowest price to the county. Special circumstances may include differences in ability to deliver, delivery time, availability of material, special loading or unloading conditions, total cost including transport or labor if not included with bid item, performance of the delivered material, location of the source, and proximity to the delivery point. GN.Contracts entered into by the county may be administratively amended to a cumulative amount not to exceed $10,000 or 10 percent of the original contract, whichever is greater; larger amounts require council approval unless a project budget has been approved by council for shich a contract was enacted in which case the contract amendment may be approved by the county executive. Amendments to existing contracts which involve externally funded pass -through moneys 172 may be approved by the county executive without council approval in any amount. (Ord. 97-034 Exh. A: Ord. 93-042 Exh. H1. 3.08.095 Small works roster contract award process. This section may be utilized in the acquisition of contractual services necessary to complete public works projects with an estimated value of less than. $100,000. As allowed under RCW 36.32.250, and consistent with RCW 39.04.155, in order to use a small works roster contract award process in lieu of formal sealed bidding, the county shall: A. Publish at least twice each year in the official county newspaper a notice of the existence of the roster and solicit the names of contractors that are qualified for the requested categories of work. Notice shall be published at least once in each week for two consecutive weeks prior to the last date upon which response to the notice will be received, and may be published for as many additional publications as shall be considered in the county's interest. B. In every case a certain category of work is to be accomplished under this section, all contractors responding to the above notice and indicating their qualification to perform the category of work proposed shall be contacted and provided an invitation to bid. C. Include in the invitation to bid the date on which bids will be received, the scope and nature of work to be performed, the materials and equipment to be furnished, and, if not provided otherwise in the invitation to bid, where the detailed plans and specifications may be seen and obtained. D. Otherwise apply the provisions of WCC 3.08.090, subsections B, D, F, G, H, I, ], K, and N. E. Forgo the advertisement of a contract awarded through use of the small works roster. (Ord. 97-034 Exh. A). 3.08.100 Council approval required. Contracts for professional services exceeding $15,000, bids exceeding $35,000 and all real property leases must be submitted to the county council for approval, except when made: A. In the exercise of wing an option contained in a contract or lease previously approved by the council; or B.G-.—Pursuant to, and within the scope of a declaration of emergency made by the county executive under either WCC 3.08.060(A) or (E). The county executive, pursuant to a declaration of emergency, shall submit the contract to the county council for informational purposes at the council's next regular or special meeting. (Ord. 2000-025; Ord. 97-034 Exh. A; Ord. 96-034; Ord. 93-042 Exh. H). 3.08.110 Unregistered or unlicensed contractors prohibited. No contract shall be entered into or executed with any contractor who is not registered or licensed as required by the laws of this state (except only as permitted under RCW 39.06,010 for highway projects for contractors who 173 have been prequalified as required under RCW 47.28.070). (Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.120 Joint purchasing. The county may enter into agreements with the state or with any agency, political subdivision, or unit of local government to purchase goods or services cooperatively. Joint purchasing services are hereby authorized and encouraged with any other municipal corporation in Whatcom County. Assistance to the participating municipal corporation may be given in any way except that a sale or contract shall be between the vendor and the participating municipal corporation and not Whatcom County. Bids and quotes may be obtained jointly based on volume if it is in the county's best interest to do so. (Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.130 Amendments to chapter. The county council reserves the exclusive right to alter, amend, rescind, abrogate, delete, supersede or replace the provisions of this chapter or any part thereof, in any manner not inconsistent with state law. Whether or not the county council takes action, the provisions of this chapter shall be deemed automatically altered, amended, or superseded to conform to any mandatory state administrative ruling or statute, as of the effective date of any such enactment appertaining to the matters covered in this chapter, to the effect that the provisions of this chapter shall at all times conform to, and never conflict with, said state laws and regulations. (Ord. 97-034 Exh. A; Ord. 93- 042 Exh. H). 3.08.140 Severability. If any provision of this chapter is held to be invalid, the remainder of the chapter shall remain in effect. (Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 174 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2007-141 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: originator: 3/01/07 3/13/07 Finance/Coup Division Head: Dept Head. 7 MAR 0 6 200 WHATCOMCOUNTY COUNCIL Prosecutor. Purchasin Bud et: 3/01/07 Executive: TITLE OF DOCUMENT: Approval to Award Bid 07-13 Asphaltic Emulsions ATTACHMENTS: Memos from Finance and Public Works 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 clearin explaining the intent of the action.) Public Works Equipment Rental Division is requesting approval to award Bid 07-13 for the delivery and supply of asphaltic emulsions (road oil) for use on various county roads. Three bids were received and Public Works would like to award to the two respective lowest responsive bidders, McAsphalt Industries for CRS-2, and Paramount Petroleum for CRS-2P. This is a regularly budgeted item and estimated expenditures will be $700, 000.00. Funds were approved in the current budget. 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. it 175 WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 DDesler@qo.whatcom.wa.us DEWEY G. D€SLER Director DATE: TO: FROM: SUBJECT: BACKGROUND 1 March 2007 Pete Kremen, County Executive Brad Bennett, AS Finance Manager Award of Bid 07-13 Annual Supply of Road Oil FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa. us BRAD BENNETT Manager RECEIVE MAR 0 2 2007 PETE KREMEN COUNTY EXECUTIVE Bids were duly advertised for the annual supply of Asphaltic Emulsions/Road Oil for use on county roads. Three bids were received on Tuesday February 13. A detailed tabulation noting delivery costs is attached and noted below is a list of the bidders and the per ton base prices on the various types of emulsions. VENDOR CRS-2 CRS-2P CMS-2 Mc Asphalt Industries 370.00 420.00 377.00 Paramount Petroleum no bid 365.00 no bid US Oil & Refining Co no.bid 390.00 no bid Public Works Maintenance & Operations would like to split the award between the two respective low bidders, awarding McAsphalt Industries for delivery and supply of CRS-2 and Paramount Petroleum for the delivery and supply of CRS-2P. Public Works has budgeted $700,000 for this product. FUNDING This annual maintenance expenditure is planned and funds were approved in the current budget. I concur with this recommendation. 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 176 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (360) 738-4555 Bid 07-13, Supply of Asphaltic Emulsions Memo February 28, 2007 Page 1 of 2 WHATCOM COUNTY PUBLIC WORKS BID #07-13: SUPPLY OF ASPHALTIC EMULSIONS BID PROPOSAL TABULATION PAGE 1 OF 2 ASPHALTIC EMULSIONS OFFERED (lowest bid hig lighted): gr 9 [so 0"RN el, I WASph W1 U es 1%0 's%j �u U 0 '0 It i Y'r•E --o'g �g-� 4--jig _I j w W7 Of z RM AY -N CRS-2 3 0. 40 MEN a, No Bid Response No Bid Response g & 01.,JCi�STo CRS-2P $ 420-00 U.S. Ton IS.1 -65 $ 390.00 U.S. Ton i 01M' CMS -2 7.�@@ UMMI , $ 0- No Bid Response No Bid Response - Prices Guaranteed 05/01/07 to 12/31/07 02/17/07 to 10/01/07 05/01/07 to 09/01/07 1 Unable to quote delivered price for upcoming 2007 Chip Sealing Season. All prices quoted are FOB our Tacoma rack. DELIVERY INFORMATION: W R. OfferI& •tr US L irr CI-0 g ggw gd I I `2 01;141 A" _v- 15" 11" -RL g e'YA ea e . "MIM7 111 Maximum Delivery 12-Hours Time After Firm Order (after placing order) 16-Hours 24-Hours Order by 2:00 pm Regular Orders for next day) 16-Hours 24-Hours Require 4-Hours Emergency Orders .(604.888.6262) 8-Hours 24-Hours I Unable to quote delivered price for upcoming 2007 Chip Sealing Season. All prices quoted are FOB our Tacoma rack. TRUCKING INFORMATION: M4,41 loll C7;��3 � � ��„�- >�t�'��p 3 Trucks Trucks Available (more available if required) No Bid Response R & L Woods Trucking Firm R & L Wood, Inc. Or Lee & Estes I Unable to quote delivered price for upcoming 2007 Chip Sealing Season. All pdces quoted are FOB our Tacoma rack. 177 Supply of Asphaltic Emulsions (Road Oil) Printed: 2/2812007 Bid 07-13, Supply of Asphaltic Emulsions Memo February 28, 2007 Page 2 of 2 WHATCOM COUNTY PUBLIC WORKS BID #07-13: SUPPLY OF ASPHALTIC EMULSIONS BID PROPOSAL TABULATION PAGE 2 OF 2 DELIVER TO JOB IN WHATCOM GRID LOCATIONS (per U.S. Ton/2000 Ilos.): e qg"; s M, C, IL 1, V:�,a I-C ;I, " nt '81,2" W=m "I"If iParaof 4 161, Beattie5- '10 f, h i 'd' IN 61r,•,° .... . A, '"j 'I , mw ffl kTa County Shop k1#5 5 35.00 No Bid Response A-C 1-3 No Bid Response A-C 4-6 No Bid Response A-C 7-9 . . . . . . No Bid Response A-C 10 -12 No Bid Response A-C 13-15 No Bid Response A-C 16-18 8 L No Bid Response A-C 19-21 $ 35.00 No Bid Response D-F 1-3 . . . . . . . . . . . . . . No Bid Response D-F 4-8 10 35.00 No Bid Response D-F 7-9 35.00 No Bid Response D-F 10-12 $ 35-00 No Bid Response D-F 13-15 7 jjj=' $ 35.00 No Bid Response D-F 16-18 $ 35.00 No Bid Response D-F 19-21 $ 35.00 No Bid Response D-F 22-24 35.00 No Bid Response D-F 25-27 $ 35.00 No Bid Response D-F 28-29 $ 3.5.00 No Bid Response G4 1-3 80 $ 35.00 No Bid Response G-I 4-6 $ 35.00 No Bid Response G-1 7-9 $ 35.00 No Bid Response G-I 10-12 $ 35.00 No Bid Response G-I 13-15 $ 35.00 No Bid Response G-1 16-28 $ 35.00 No Bid Response J-M 1-3 $ 35.00 No Bid Response J-M 4-6 $ -35.00 No Bid Response J-M 7-9 $ 35.00 No Bid Resoonse J-M 10-12 $ 35.00 No Bid Response J-M 13-17 JjjjHjffiFAjV'8T_@jM $ 35.00 No Bid Response r—Point Roberts FilIF1110 2AYN _A= $ 35.00 No Bid Response I Unable to quote delivered price for upcoming 2007 Chip Sealing Season. All prices quoted are FOB our Tacoma rack. 178 Supply of Asphaltic Emulsions (Road Oil) Printed: 2/2812007 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director 4 '0 M co .f QSk�NG�� MEMORANDUM 901 W. Smith Road Bellingham, WA 98226 Phone # (360) 676-6759 Fax # (360) 380-8115 Eric L. Schlehuber, Division Manager TO: Brad Bennett, AS Finance Manager FROM: Eric L. Schlbhuber, PW Equipment Services Manager Mary A. Green, PW Maintenance & Operations Superintendent CC: Frank M. Abart, PW Director. RE: Bid #07-13, Supply of Asphaltic Emulsions (Road Oil) DATE: February 28, 2007 Requested Action Approval requested to purchase asphaltic emulsions (road oil) to the lowest responsive bidder, McAsphalt Industries Ltd. for CRS-2 and to Paramount Petroleum Corporation for CRS-2P in the amount of $700,000.00. ■ Background and Purpose Bids were duly advertised for the annual supply of asphaltic emulsions. The Public Works Maintenance and Operations, Division of the Public Works Department will use the asphaltic emulsion during the annual chip sealing program. Enclosed is a detailed bid tabulation of the three bid responses received for asphaltic emulsions. Factoring in delivery costs and specific locations for chip sealing work for 2007, McAsphait Industries Ltd is the overall lowest responsive bidder for CRS-2 and Paramount Petroleum Corporation is the overall lowest responsive bidder for CRS-2P. ■ Funding Amount and Source These are regularly budgeted expenditures for material, which is used on an annual basis as needed and has been budgeted during the 2007-2008 Budget process. Based on prior and estimated usage it is anticipated total expenditures will be approximately $700,000 and therefore requires Whatcom County Council approval. Please forward this to the Executive and the Whatcom County Council for approval at their March 13, 2007 Whatcom County Council Meeting. Please contact .Eric L. Schlehuber at extension 50607 or Mary A. Green at extension 50657, if you have any questions or concerns. Attachments (2) 179 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2007-142 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. 3/02/07 u MAR 0 G 2007 3/13/07 Finance/Cou Division Head Dept Head. Prosecutor. WHATCOM COUNTY COUNCIL Purchasin Bud et: 3/02/07 Executive: TITLE OF DOCUMENT: Approval to Award Bid 07-14 Asphaltic Mixes ATTACHMENTS: Memos from Finance and Public Works 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.) Public Works Equipment Rental Division is requesting approval to award Bid 07-14 for the delivery and supply of asphaltic mixes for use on various county roads. Three bids were receives! and Public Works would like to award all of the bids and select the vendor that has the best value based on price and cost to transport the product to the job site. This is a regularly budgeted item and estimated expenditures will be $200,000.00. Funds were approved in the current budget. 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. -il WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 DDesler@co.whatcorn.wa.us DEWEY G. DESLER Director DATE: 1 March 2007 G0 M C TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Award of Bid 07-14, Supply of Asphaltic Mixes FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatconn.wa.us BRAD BENNETT Manager RECEIVED MAR 0 2 2007 PETE KREMEN COUNTY EXECUTIVE BACKGROUND & PURPOSE Annually bids are advertised for a list of qualified suppliers of asphaltic mixes for use by Public Works on various county road projects. Three suppliers submitted bids on Tuesday February 13 and tabulation sheets are attached. FUNDING AMOUNT & SOURCE This expenditure is based on actual need and is considered a part of the regular operating expense of Public Works Maintenance & Operations. Expenditures of approximately $200,000 Were approved in the current budget. AWARD RECOMMENDATION Public Works would like to award to all bidders and use the most economical bid for a particular job, based on its price and source location. I concur with this recommendation. ManagerAS Finance Approved as recommended: County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources Information Services County Residents 1 81 (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 TrY (360) 738-4555 A W N io mcnvvCD u�, (a co v' o�cn o n (D g- C) =:w 0 O ur CD CD CD N O O O O O O CCD CD CD-4 v v 03 �s �s �s Cl) V W W A C/) Cl) o CD go C) o_ x - CD rn ;g CD o CD ^l L N N N O O OD O W v s �= �"�aoa�n�(D ° r,a-�, o m :. 43 o �-6s -Ea ��-69,__ O -o a a- n-0 Q z CA) iQ Lp .n: Q: Q: o Q- w a � 0)al coo ago M C)0 0 0 o cn O O O O u-=s;0 Cat c.f•l -1 c.f•l N N 0 (C�7 r C) 0 0 o C) o CW CN 0 (b ; Q. 0- � o .oa'0000 .ono aa'a. -4 o =. 0 0 0 0 o rn o o n -= N _0 -n m 0 CD n0 2o .-. 0 J WW( Z n n� a SQ m ca K W 0 o= v0 0a ao-0o M>-<z srp O M �>0 0�* z0 XN m CA WO � y P 50 O O ck (} O O O = Q Q Vr A � A � s s O O o CL m su su a0 V a) N CA) CA o c O a (D M c O -� a O R. a L CD CD a� co N C) _ O ba nEr n r:- �• W N ic ic ic EjC q_ Vo =r Gr aj � m o _ ' r - m z 'o Z Ck Q 'C.. o '� v oz _= z Q M:i ii9 64 ffl ffl {y4 ffl ffl ffl {yg ffl -1 Co Co Co o (n 0) 0) 0) C C 0 0 0 0 0 0 0 0 K: i r cr a ,' =m ✓�-. O O CO O C O 0) O Ca: `:- N -u-nc3 CD a n fD2� z �OOC o'< 0 m y 3 0 ai v� 04�6n �N0 ao-D0 M> z Nr0� 0aic� �a� ZnX X m Cl) it-r1 0 V A w fa N �' m afr ttr afr co : . y V■ co) c c c 0 N - p 7 7 C, .-r r-..--• •--• , t 7 Q, fa 0 (D 0 C N B Q W CL r°_ rp ' : — '0 o o �_ as a :: n:; : m c y� CD CD CD 0 = v ° V: z cr .:0? `° ° --zi C a v w Vn --I (A n "• ,: z • Sao«:, O O (A to cr fu --': C fu INK iV j -4 d0 co co O C17 Ql 0)_ _y3.- ' a a .p cn cn cn co -I N: c o 0 0 0 0 0 0 0 o cn o 0 o a o 0 CD O o 0 0 0 0 oo 4fl ffl ffl 64 {y9 .69 {fl {fl ffl .r:@._" Q O Q O O w N co OD 0 0 0 0 0 o rn o o.=a - m (ate cD20 _ f 0-2 O w 90 z CD o� 4 `< 0 ns n C CD 0 02 �i-4 van >0 00 rnn-<Z wr0 OtoNC W �n0 `o�� z00 m LL.*Tli EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM TO: Brad Bennett, AS Finance Manager 901 W. Smith Road Bellingham, WA 98226 Phone # (360)676-6759 Fax # (360) 380-8115 Eric L. Schlehuber, Division Manager FROM: Eric L. Schlehuber, PW Equipment Services Manager ` � Mary A. Green, PW Maintenance & Operations Superintendent q'1 ' ` 't CC: Frank M. Abart, PW Director '144� RE: Bid #07-14, Supply of Asphaltic Mixes (Hot & Cold Mix) DATE: February 28, 2007 Requested Action I am requesting Council approval to purchase material as needed during 2007 from any of the following vendors: Imperial Paving Ltd., Rinker Materials, Whatcom Builders, Inc., or Wilder Construction. Consideration Will be given as to the location of the source, availability of material, and length of haul. I further request and recommend that Whatcom County reserve the right to utilize vendors based upon the location of the project, distance to the plant(s), and product availability up to an annual expenditure amount of approximately $200,000.00. ■ Background and Purpose The purpose of this bid is to establish firm prices for the purchase of asphaltic mixes (hot & cold mix) for use on Public Works projects during 2007. We received good responses from four vendors (total of five locations) and no response from one vendor. Attached is a summary sheet listing each type of asphaltic mix with the lowest bid highlighted for each category. The Maintenance & Operations Division of the Public Works Department uses these materials regularly for annual maintenance on county roads and on road projects. ■ Funding Amount and Source These are regularly budgeted expenditures for material, which is used on an annual basis as needed and has been budgeted during the 2007-2008 Budget process. Based on prior and estimated usage it is anticipated total expenditures will be approximately $200,000.00 and therefore requires Whatcom County Council approval. Please forward this to the Executive and the Whatcom County Council for approval at their March 13, 2007 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607 or Mary A. Green at extension 50657, if you have any questions or concerns. Attachments (3) 185 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-143 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator 3101107 C [I p p E D �j`� Is �% 3113107 Finance Co Division Head: MAR p 6 2007 WHATCOM COUNTY COUNCIL Dept. Head. Prosecutor, Purchasin Bud et: 3/01/07 Executive: TITLE OF DOCUMENT. Sole Source Purchase of Election Envelopes ATTACHMENTS: Memos from Finance and the Auditor 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 LANGUA GE: (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 Elections Department is requesting approval to purchase election envelopes. K&H Integrated Print Solutions has been determined to be a sole source for this particular envelope set. The approximate total cost of this purchase is $69,916.68. This is a planned purchase and funds exist in their current budget. 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. ncil 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 P�Go MC0G'j, 3r y A 9SFlI N G 1 March 2007 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Election Envelopes FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa. u s BRAD BENNETT Manager ■ Background The Auditor's Election Department is requesting approval to purchase the coming year's election envelopes. With the change to a mail -in voting system the ballots require a special envelope system. Currently, there is only one vendor that can furnish an envelope that meets both the Postal Service and the County's requirements. Having declared K&H Integrated Print Solutions a sole source, the Elections Department is requesting approval to purchase envelopes for the upcoming 2007 elections. Each envelope set is $0.145 for an approximate total of $69,916.68. The quantity needed is greater than it was in 2006, but the unit cost is $0,034 per set less. Funding This is a regularly budgeted item, and current budget. I recommend approval. Approved as recommended: County Executive Date of Council Action funds for this purchase were approved in the X � �4 d, 5; vo, a Aa-m-in Services Finance Manager 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 187 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TFY (360) 738-4555 Whatcom County Auditor's Office = Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 360.676-6* 360-738-4556 FAX 360-738-4555 TTY E-mail: auditor@co.whatcom,wa.us wwco.whatcomma.us/auditor MEMORANDUM To: Brad Bennett, AS -Finance Director SHIRLEY FORSLOF Auditor DEBBIE ADELSTEIN Chief Deputy From: Debbie Adelstein, Chief Deputy Auditor(�Av,_�_15��_�� Date: February 21, 2007 Re: Election Envelope Order — Council Approval It is time to place the order for election envelopes for this year's elections. K&H Integrated Print Solution has been designated as a sole source for these envelopes (see attached) exempting us from taking this out to bid. Based on our calculations we will need 444,000 sets (outer, return and secrecy envelopes) to cover the anticipated elections in 2007 and February of 2008 and provide a backup in case of emergency. The price for these envelopes is $0.145 per set (a reduction from $0.179), totaling $64,380.00. Adding tax of $5536.68, a requisition for $69,916.68 is attached. Since the order is in excess of $35,000, we are requesting that you obtain council approval for the purchase of these envelopes. If you have any questions, please feel free to contact me. Cc: Members of the County Council Shirley Forslof Pete Griffin Licensing/Recording Administration/Internal Audit Elections 360-676-6740 360-676.6744 360-676-6742 188 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-144 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: � 2,? 03113107 ,Finance/Council Eric L Scidehuber % r� t I Division Head: Eric L ScJrlehuber:l Q 27eHead: �J'/� ��� Fr FrankM. Rbarr MAfl 0 6 2007 Prosecutor: Daniel L. Gibson dig 02/22/07 WHATCQM COUNTY U iJ 1 COUNCIL PoBrad Bennett Brad Bennerr BbP 02/28/07 Executive: Pere Kremer TITLE OF DOCUMENT. Contract for Radio Maintenance and Repair Service ATTACHMENTS: Memo and Contract Amendment SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARY STA TEMENT 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.) Approval and authorization for the County Executive to enter into a contract with SND Communications, Inc. for the purposes of providing annual maintenance and repair of the County's two-way radio systems, including mobile and portable radios, base stations, repeaters, and pagers used by the Whatcom County Public Works Department and Sheriff s Department. COMMITTEE A CTION.• COUNCIL A CTION.• 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 website at. www.co.whatcom.wa.us/council. WHATCOM COUNTY PUBLIC WORKS DEPARTMENT 322 N. Commercial Street, Suite 210 Bellingham, WA 98225 MEMORANDUM TO: The Honorable Pete Kremen, County Executive and Honorable Members of the Whatcom County Council FROM: Eric L. Schlehuber, PW Equipment Services Manager Frank M. Abart, Public Works Director RE: RFP #07-05, Radio Maintenance and Repair Service Contract DATE: February 28, 2007 Frank M. Abart Public Works Director RECEIVED MAR 0 r'. Z r, [ ? PETE KRE Nv �- N COUNTY EXECUY. _,, "- ■ Requested Action Enclosed are two (2) originals for the contract between Whatcom County Public Works and SND Communications, Inc. in the amount of $75,000.00 for radio maintenance, purchase, and repair service for your review and signature. ■ Background and Purpose This agreement is a result of the bidding process in 2007, which resulted in the awarding of a bid pursuant to RFP #07-05 — Radio Maintenance and Repair Service for the purposes of providing for the annual maintenance and repair of the County's two-way radio systems, including mobile and portable radios, base stations, repeaters, and pagers used by the Whatcom County Public Works Department and Sheriffs Department. This contractor was chosen because it was the lowest responsive bidder. This original contract agreement provides the option of extending the radio maintenance and repair service for up to three (3) annual renewals (for a period of one year each) for a total of four years on this contract. ■ Funding Amount and Source This original contract is in the amount of $75,000.00 and is done through interfund billings on an as needed basis (approximately $75,000.00 annually). The funding source has been allocated during the 2007-2008 Budget process. ■ Differences from Previous Contract This contract replaces the previous contract, which expired January 31, 2007. Please contact Eric L. Schlehuber at Ext. 50607, if you have any questions or concerns regarding the terms of this agreement. Enclosure 190 Whatcom County Contract No. WHATCOM COUNTY CONTRACT INFORMATION SHEET Originating Department. Public Works / Equipment Services Division Contact Person: Eric L. Schlehuber Contractor's Name: SAD Communications, Inc. 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 X Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council approval and $ 75 000. 00 a supporting memo. Any amendment that provides either a 10% increase This Amendment Amount: in amount or more than $10, 000, whichever is greater, must also go to $ Council and will need an agenda bill and supporting memo. If less than Total Amended Amount: these thresholds, just submit to Executive with supporting memo for $ 75 000.00 approval. Scope of Services Provide service to maintain and repair two-way radio systems, including mobile and portable radios, base stations, repeaters and pagers used by Radio Maintenance, Repair Service and Whatcom County. Purchase Nature of Contract Amt. ( Check One) Fixed Amount Not to Exceed X Open Ended Term of Contract: 1 year w/1 year Expiration Date: January 31, 2008 extensions: this contract is for year one Renewal Option: Yes X No Last Renewal, if exercised, Would Expire: January 31, 2011 Special Dates or clauses that require calendaring: Contract Routine Steps & Siznoff fsizn or initiall !indicate date transmitted 1. Prepared by: Eric L. Schlehuber Date 02113107 [electronic] 2. Attorney reviewed: D niel L. Gibson Date 02122107 [electronic] 3. AS -Finance reviewed: bbennett Date 02128107 [electronic] hard copy printed 4. Corrections Houle: Deb Douzlas Date 02128107 5. Attorney signoff Daniel L. Gibson Date 021221 7 6. Submitted to Exec OfjFce: Date 3 ' summary via electronic; hardcopies] 7: 'Contractor signed. Date E � 8. Submitted to Exec Office: Date 9. Reviewed by DCA: Date 10. Council approved (if necessary). Date 11. 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 191 COS r�®R CRIGIM Whatcom County Contract No. CONTRACT FOR SERVICES AGREEMENT FOR RADIO MAINTENANCE AND REPAIR SERVICE BETWEEN WHATCOM COUNTY AND SND COMMUNICATIONS, INC. SND Communications, Inc., hereinafter called "Contractor", and Whatcom County, hereinafter referred to as "County", agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 7, Exhibit A (Scope of Work), pp. 8 to 9. Exhibit 8 (Compensation), pp. 10 to 11, Exhibit C (Certificate of Insurance). Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. {�prt f The term of this Agreement shall commence on the 1st day ofgabffl q 2047, and shall,..unles erminated or renewed as elsewhere provided in the Agreement, terminate on -the 315t day of janumy 2008. µ44X4\ FM 14 The general purpose or objective of this Agreement is to providerdiomaintenance and repair service, 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 consideration for the initial term of this agreement or for any renewal term shall not exceed 75 000.00. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. 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. IN WITNESS WHEREOF, the parties have executed this Agreement this �_ day of -Mara 2007 CONTRACTOR: SND COMMUNICATIONS, INC. � r t Cooper, Owner STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of-Mareh-2007, before me personally appeared Grant Cooper, to me known to be the Owner of SND Communications, Inc., who executed tthe-above=instrument-and.who acknoyledged to me the act of signing and sealing thereof. f-40TARY i�tj&_�C: STATE OF= VVASHINJGTOfy CAROL H_ THOMAS Wry Appointment Exoires NOTARY PUBLIC in and for the State of Washington, residin at SPTt=:v7BER t t , 2007 , My commission expires Contract for Services Agreement RFP #07-05, Radio Maintenance and Repair Service SND Communications, Inc. Page 1 192 WHATCOM COUNTY: Recommended for Approval, Frank M. Abart, Public o(ks Director Date Ap rove s to f rm: � d 7 Deputy Prosecuting Attorney Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive Date STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this _ day of March 2007, 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 101*1z ili7114401:4111&1:1S'lTVC4]19 SND COMMUNICATIONS, INC. Grant Cooper, Owner Address: 2200 Division Street, Suite C Bellingham, WA 98226 Mailing Address: 2200 Division Street, Suite C _ Bellingham, WA 98226 Contact Name: Grant Cooper Contact Phone: (360) 671-1970 Contact FAX: (3601733-8610 Contact Email: GrantCa)sndcom.com Contract for Services Agreement RFP #07-05, Radio Maintenance and Repair Service SND Communications, Inc. Page 2 193 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services and Provision of Materials: 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 or provided 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: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year at a time for three additional one-year terms, and for a total of no longer than four years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 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, that 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 Goods and 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 monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit'B." Contract for Services Agreement RFP #07-05, Radio Maintenance and Repair Service SND Communications, Inc. Page 3 194 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State 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. 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 Contractors 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: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: Not Applicable Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's 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 V 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 he/she/it 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 RFP #07-05, Radio Maintenance and Repair Service SND Communications, Inc. Page 4 195 31.1 Ownershi of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.2 Patent/Co yright Infringement; Not Applicable 32.1 Confidential! r� 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 Contractors 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 Auditors 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, Slate 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- $1,500,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". 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, attomeys' 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, sexual orientation, age, marital 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, nationat origin, sex, sexual orientation, 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 Contract for Services Agreement RFP #07-05, Radio Maintenance and Repair Service SND'Communications, Inc. Page 5 196 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 hislherfrts 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: Eric L. Schlehuber Equipment Services Manager Public Works/ Equipment Services Division 901 West Smith Road Bellingham, WA 98226 37.2 Notice: 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 Contract for Services Agreement RFP #07-05, Radio Maintenance and Repair Service SND Communications, Inc. Page 6 197 41.1 Severability: 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 full 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. Notice of potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: 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. 44.1 Survival: The provisions of paragraphs 11.1.11.2, 11.3, 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, if utilized, 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 idenfified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services Agreement RFP #07-05, Radio Maintenance and Repair Service SND Communications, Inc. Page 7 198 EXHIBIT "A" (SCOPE OF WORK) Service may be required as needed for approximately 200 or more mobile radios, 150 or more portable radios, over 100 pagers, and four repeaters: one on Toad Mountain, one on Lookout Mountain, one on Mount Constitution that belongs to Whatcom County Public Works, and one repeater on King Mountain that belongs to the Sheriffs Office. All other repeaters are maintained under a separate contract administered by the Northwest Regional Council. Also included are some base stations located in offices, various chargers, and other miscellaneous two-way radio equipment. Service is required for mobile radios in some 100 Sheriff patrol cars and 80 road maintenance vehicles. Portable radios are used by Sheriff deputies on patrol, by road maintenance crews, and by the correction officers on duty in the Jail. 2. The Contractor must have a complete service facility located in Whatcom County. Off-street parking must be available for at least three sedans. Enough enclosed, covered, secure lockable service working space must be available to hold at minimum two sedans or one large 10-yard dump truck. 3. The Contractor must have at feast two fully equipped service vehicles with a complete line of the necessary tools, parts and equipment aboard, capable of providing complete radio service out in the field. 4. The Contractor will be available to install or repair equipment as ordered at the County Shop, located at 901 West Smith Road in Bellingham, Washington. 5. The Contractor will be on call for same day emergency service in the field, 24 hours a day, seven days a week. For this service the vendor must maintain a stock of appropriate parts to be able to repair most County -owned mobile radios immediately. For emergency service a trained, fully competent technician must be reachable by phone at all times, able to call back within a half hour to acknowledge the call, and able to be on the road in an adequately equipped service vehicle to within an hour from the call and on the way to respond. 6. Any call for service that is not an emergency will result in service being scheduled within a week from the call. 7. When a Sheriff's vehicle needing mobile radio service is driven into the Contractor's facility for emergency repair, the radio will normally be repaired within an hour of arrival. 8. Portable radios delivered to the Contractor's shop for emergency service will normally be repaired within two hours from arrival. 9. The Contractor must maintain sufficient Motorola, Midland, and Vertex radio parts and all necessary software, equipment and tools on hand. The Contractor must have access to all Motorola, Midland, and Vertex parts not in stock within 24 hours from placement of order. 10. The Contractor will provide consultation and technical support by phone as needed. 11. The Contractor will make every effort to advise the County of any apparent opportunity to achieve savings or increase efficiency in its purchase, maintenance, repair or use of two-way radios. 12. The Contractor will install equipment as ordered in County vehicles, including Sheriff's vehicles. 13. The Contractor will return all used, unmounted radios to the County. 14. SPECIAL CONDITIONS: The Contractor must call the designated County representative before proceeding to exceed maximum labor charge without approval. Listed below are special conditions relating to this contract A. Mobile Radio — The maximum labor charge without approval is $199. The Contractor must call the designated County representative before proceeding to exceed that amount. B. Portable Radio — The maximum labor charge without approval is two hours. Before proceeding to exceed that amount the Contractor must call the designated representative. Contract for Services Agreement RFP #07-05, Radio Maintenance and Repair Service SND Communications, Inc. Page 8 199 C. Equipment Not owned by Whatcom County — Some County employees drive vehicles with radio equipment that is personally owned, and not owned by Whatcom County. Written authorization from the designated County representative is required before the Contractor is authorized to perform any work on such equipment. D. Replacement of Maior Assembly — If the Contractor determines replacement of a major assembly is needed, the Contractor must call the designated County representative before proceeding. E. Billing — Invoices must be itemized and include the following information: • Date of Service • Purchase Order Number • County Vehicle Number, and License Number, if applicable • Radio Model Number and Serial Number • Hourly Labor Rate (with number of hours billed) or the Flat Contract Rate • Parts List (with itemized prices on all items installed) • Billable Travel Time • On invoices where costs exceed the pre -approved amounts, the name of the County representative that gave the authorization and the date must be included. • The Sheriffs Department requires a copy of the matching work order to be attached to the invoice. • No radio work without an authorized signed work order. F. Payment Terms — Net 30 days. G. Subcontracting — Proposals to assign or subcontract any of the services requested in this contract will not be considered. No portion of any contract may be assigned or subcontracted without proper written permission from the County. H. Termination — Whatcom County reserves the right to terminate service due to documented performance problems by thirty days written notice to the service provider. This contract may be terminated with or without cause by one party providing the other party with ninetydays written notice. Contract for Services Agreement RFP #07-05, Radio Maintenance and Repair Service SND Communications, Inc. Page 9 200 EXHIBIT "B" (COMPENSATION) SECTION A. LABOR RATE & PARTS DISCOUNT 1. Labor Rate: $58.00 per hour 2. Parts Discount off Invoice List Price: 15% 3. Defined Regular Working Hours: A. Hours: 8:30 am to 5:00 pm B. Week: Monday through Friday 4. Defined Emergency After -Hours: 5:00 pm Friday through 8:30 am Monday and Holidays SECTION B. OTHER RATES 1. Emerge cy After -Hours: A. Labor Rate: $87.00 per hour B. Minimum Number of Hours Charged per Call: 2. Mobile Radio Labor Installation include labor only — no parts): A. Front Mount, Motor Pool or Road Vehicles: B. Rear Mount, Motor Pool or Road Vehicles: C. Complete New Sheriff Patrol Sedan Installation Includes installing the following: Trunk Mount Radio Front Mount Radio Siren Interfacing Horn or Siren Interfacing Light Bar Control to Siren 2 hours 120.00 i$ 40.00 4$ 50.00 " Cellular Phone Antenna " VHF Antenna s. UHF Antenna " CB Antenna " Programming Radios SECTION C. RESPONSE TIMES 1. After -Hours: A. Call Back to Acknowledge Service Call: 1 hour B. Be on the Road to Respond: 2 hours 2. Normal Service Call: 1 hour 3. Tum-Around Times for Portable Radios: A. Drive-in Emergency Service during Business Hours: 1 hour B. Delivered to Contractor Shop: 1 day 4. Repeater Site Emergency Response Times: A. Toad Mountain Repeater Site: 2 hours B. Lookout Mountain Repeater Site: 2 hours C. Mount Constitution Repealer Site: 2 hours D. King Mountain Repeater Site: 2 hours Contract for Services Agreement RFP #07-05, Radio Maintenance and Repair Service SND Communications, Inc. Page 10 201 SECTION D. PERSONNEL CONTACT LIST 1. Regular Response Personnel Contact: A. Primary: (1) Name: Grant Cooper (2) Phone Number: Work --(360) 671-1970 (3) FCC License Number: B. Secondary Contact: (1) Name: (2) Phone Number: (3) FCC License Number: 2. After -Hours I Emergency Response Personnel Contact: A. Primary Contact: (1) Name: (2) Phone Number: (3) FCC License Number: B. Secondary Contact: (1) Name: (2) Phone Number: (3) FCC License Number: SECTION E. NATURE OF ACCESS TO PARTS 1. Motorola: 2. Midland: 3. Vertex: Contract for Services Agreement RFP #07-05, Radio Maintenance and Repair Service SND Communications, Inc. Home -(360) 738-6463 Cell----(3601815-7533 Pager -N/A PG 13-8762 Curtis Moon Work-43601671-1970 Home-(3601738-6427 Cell ---- (36D 507-1420 Pager -N/A PG 14-3188 Grant Cooper Work --[360) 671-1970 Home -[360) 738-6463 Cell----(360) 815-7533 Pager -NIA PG 13-8762 Curtis Moon Work —f360) 671-1970 Home 43601738-6427 Cell---43601507-1420 Pager -NIA PG 14-3188 NSO Direct Account DealerAccount Dealer Account Page 11 202 EXHIBIT "C" (CERTIFICATE OF INSURANCE) ACURD_ CERTIFICATE OF LIABILITY INSURANCE SNOPID DCO EICO—TC 02 21 07 0A70IX6t1°01/07 PRODUCER The Unity Group - Everett Suite 100 1010 SE Everett Mall Way Everett WA 98208 Phone: 425-259-0002 Fax:425-259-0006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC 0 NSUREO a= CO�IAIVIII**cati0II5 Inc, 2200 Divil.ion St Ste C Bellingham WA 98226-7149 INSLRERA: mSkrLn araperty o CAMMIky 19887 NSMER S: N"ERC' NSURER0: IN;R.RFJR E: COVERAGES IM POLICIES CF INSLRANCELISTED BELOW HAVE BEEN LSSIJED TO THE INSIMD NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTYWHSTANDING ' ANY REOLAREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOMWIENT WITH RESPECT TO VMLCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSJWXE AFFORDED BY THE POLICIES DESCRIBED HEREIN I$ SUaJECT TO ALL THE TERMS, EkCLUSIONS AM CONDITIONS OF 9JCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOUDED BY PAID CLAIMS. LTANSRE TYPE OF INSURANCE POLICYNUMBER DATE00DATE MWDWM LPHTS' GENERAL LIABILITY EACH OCCURRENCE i 1 , 000 , 00o A X X c%w1ERcLLLGENERALLIABILITY CAP000310301 04/01/09 04/01/07 PREM[SESEeaaurenea 1100,000 CWMU^ ANDS F OCCUR MED EXP (Any am Pawn) V5,000 PERSONAL &ADVWARY 11,000,000 GENERAL AGGREGATE i 2 , 000 , 000 GEHLAGGREGATE LIMIT APPLIES PER _ PRODUCTS-COMPJCPAGG 12,000,000 POLICY RO' LOC AUTOMOBILE LLABiLITY ANY RAO COMBItNED$IINGLELIMR iEe accidertl i1,000,000 BODILY INAM (perPerao") i A X ALL OWNED AUTO$ SCHEDULED AUTOS CAP000310301 04/01/06 04/01/07 BODILYIN,AIRY (Per ecc deft) i X X HIREDAUTO,S NOWOVVHED AIAOS PROPERTY DAMAGE IPer ecclded) i GARAGE LIABIIM AUTO ONLY • EA ACCIDENT i OTHERTHAN EAAJCC AUTO ONLY: AGG i ANY'AO i EXCESSI MBRELLA WBRJTY EACH OCCURRENCE i 1 , 000 , 00 0 A X OCCUR CAIMSMADE CU0000313409 04/01/0$ 04/01/07 AGGREGATE $2,000,000 i i DEDUCTIBLE X RETENTION i 10, 000 A WWtlKERSCOMPENSATI0NAN0 e1WLOYFRJTY ANY iE'rORJPpRTFEWE)ICURVE PROPRETORI OFFICRlAIE10EER E9CL DW? CAP000310301 W& STOP GAP 04/01/06 04/01/07 TORYLIMITS I X ER ELEA[HA.CGDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE -i 1 , 0 0 0 , 00 0 Ilyyaass duedbeundv 9PECNL PROVISIONS below E.L. DISEASE • POLICY LIMIT i a., 000 , 000 OTHER LE DEBCRI—MN OF Op91ATTONS J LOCATK*IS I VEN IU I EfCLUBIONS ADDED BY ENDORSEMIENT t WSCIAL PROVISIONS Whatcam County Public Works is an additional insured w/respects to work performed on their behalf by the named insured. ***THIS CERTIFICATE SUPERSEDES CERTIFICIATE ISSUED 1/23/07*** CERTIFICATE HOLDER CANCELLATION Whatcom Co. Public Works 901 W Smith Rd. Bellingham WA 98226 Contract for Services Agreement RFP #07-05, Radio Maintenance and Repair Service SND Communications, Inc. MHMC42 I BROLILO ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE90SLANG INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRRTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TD THE LEFT, BUT FALUINE TO 00 80 SHALL IMPOSE NO OBLIGATION OR LRBILTTY OF ANY KIND UPON THE INSURER, ITS ADENTA OR REPRESS NTATNEL Page.12 203 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may requlre an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25 Contract for Services Agreement RFP #07-05, Radio Maintenance and Repair Service SND Communications, Inc. Page 13 204 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2007-145 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Ori fnaror: —. E u tl� �J� n 6 2007 �`EI-1 it G U! MAR WHATCOM COUNTY COUNCIL 3/13/07 Finance/Coup Division Head: {j De t. Head: Prosecutor: 2_C' Purchasin /Bud el: Executive: TITLE OF DOCUMENT: Columbia Valuation Group, Inc. Contract for Services ATTACHMENTS: Cover memo, Contract Information Sheet, Contract SEPA review required? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) NO Should Clerk schedule a Bearing ? ( ) Yes ( x ) No Requested Date: SUMMA R Y S TA TEMENT OR LEGAL NOTICE LANGUAGE: Appraisal services for five farms applying for the Purchase of Development Rights Program. 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 websiteat: ivww.co.whatcom.wa.usleouncil. :il 205 Whatcom County Contract No. WIL4TCOM COUNTY CONTRACT INFORMATION SHEET Originating Department: Planning & Develo ment Services Contact Person: Kraig Olason Contractor's Name: Columbia Valuation Group, Inc. 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 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 $18,000.00 memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount: $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 Executive with Total Amended Amount: supporting memo for approval. $ Scope of Services In September, 2001 the Whatcom County Council committed to expending funds for the acquisition of conservation easements including development rights on farmland and of sustaining and promoting on -going agricultural activities. This contract is for appraisal services for 5 farms applying for the Purchase of Development Rights Program. Nature of Contract Amt: (Check one) Fixed Amount x Not to Exceed _ Open Ended Term of Contract: Expiration Date: December 31, 2007 Renewal Option Yes No x Last Renewal Expires: Special Dates or clauses that require calendaring: Contract Routine Steps & Siknoff- (sign or initial? (indicate date transmitted 1. Prepared by: BB Date _12112106 [electronic] 2. Attorney reviewed: Date_I2112/06 [electronic] _RB 3. AS -Finance reviewed:—bbennett Date 12112106 _[electronic] 4. Corrections made: Date [electronic] hard copy printed 5. Attorney signoff.• _ Date — v6 6. Contractor signed: Date f�2 _d?a —0 d 7. Submitted to Exec Offrce ✓ Date _V �- � -� 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 thisform may need to expand to more than one page WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226 �Gor+m co � Gy s 3 e � Qr Qs++f N GS MEMORANDUM TO: Pete Kremen, Whatcom County Executive THROUGH: Hal H. Hart, AICP, Director HNrt CD Dennis Rhodes, Assistant Director Planning & Development Services FROM: Linda J. Peterson, AICP, Planning Division Manag Kraig Olason, Senior Planner V;,o DATE: March 1, 2007 RE: Columbia Valuation Group, Inc. Contract Hal H. Hart, AICP Director RECEIVED MAR 0 2 2007 PETE KREMEN COUNTY EXECUTIVE Enclosed are two (2) originals of the contract between Columbia Valuation Group, Inc. and Whatcom County for your review and signature. Background and Purpose In September, 2001 the Whatcom County Council committed to expending funds for the acquisition of conservation easements including development rights on farmland and of sustaining and promoting on -going agricultural activities. The purpose of this contract is to obtain appraisals on five farms involved in rounds four of the program. ■ Funding Amount and Source The funding amount for this contract is $18,000.00 as more clearly specified in the Scope of Work (Exhibit A). Funds for this program come from the Conservation Futures Fund. Please contact Kraig Olason at extension 50264, if you have any questions or concerns regarding the terms of this agreement. Encl. 207 Whatcom County Contract No_ CONTRACT FOR SERVICES AGREEMENT COLUMBIA VALUATION GROUP, INC. Columbia Valuation Group, Inc., hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth In this Agreement, including: General Conditions, pp.�3 _ to , 7 , Exhibit A (Scope of Work), pp. S to 10 Exhibit B (Compensation), pp. 11 to Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 15t day of jmmwv Apri i 2007, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31st day of December 31, 2007. The general purpose or objective of thEs Agreement Is to: appraise five properties for the Purchase of Development Rights, Programas mare fully and deinitiveiy described in Exhibit A hereto. The language of Exhibit A controls in one of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed tLQ00. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. 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. IN WITNESS WHEREOF, the parties have executed this Agreement thisa' day of20 .qL. CONTRACTOR: Columbia Valuation Group, Inc, AAO" i j�WOF H •Mc STATE: OF WASHINGTON } ss. COUNTY OF _ ) -1, On thisday of DD-c• . 20 C—Y, before me personally appeared Y VftN-iigh i.-Y-Ito me known to be the (title) of (Company) and who executed the above instfumen nd who acknowledged to me the act of signing and seating thereof. �,lAEk`TF� +►►► NOTARY P LIC In and for the State of Washington, residing at � st X E rrp�l[� �i� i..rn e�; ..Q . My commission expires JnN�k ; + " A �G u4 d 9�'��.19•�5 N Columbia Valuation Group, Inc. Page - 1 - V 1.0 208 WHATCOM COUNTY: Recommended for Approval: ep� ariment Director Date Approved as to f r d7y. Prose EL orfl�y Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 W, 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 CONTRACTOR INFORMATION: Columbia Valuation Group, Inc Kevin H. McAuliffe, MAI Address: 2402 Northwest 1951h Place Shoreline, WA 98177 Contact Name: Kevin H. McAuliffe Contact Phone: (206)364-8580 Contact FAX: (206)364-8556 Contact Email: kmcauliffe@cvgseattle.com Columbia Valuation Group, Inc. V 1.0 Page - 2 - 209 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 Tenn: 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: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year at a time, and for a total of no longer than three years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 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, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shalt 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 monthly, 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 State 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 Columbia Valuation Group, Inc. Page - 3 - V 1.0 210 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. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractors 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: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other. remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accWe to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: Not Applicable 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 he/sheAt 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. 31.1 Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection-. with performance of this Agreement, shall be the sole and absolute property;of-the County. 31.2 Patent/Copyright Infringement: Not Applicable Columbia Valuation Group, Inc. Page - 4 - v 1.0 211 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: Not Applicable 34.1 Proof of Insurance: Not Applicable 34.2 Industrial Insurance Waiver: Not Applicable 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 Nan -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 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 stale 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: Not Applicable 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: Not Applicable 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: Columbia Valuation Group, Inc. Page - 5 - v1.0 212 Hal H. Hart, A.I.C.P. Director, Whatcom County Planning and Development Services 37.2 Notice: 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 Severability 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 full force and effect. 42.1 Disputes: 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. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Delailed Claim: The Contractor shall not be enUUed to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the porfion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: 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. Columbia Valuation Group, Inc. Page - 6 - "'.0 213 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 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, if utilized, shall survive, notwilhstanding 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. Columbia Valuation Group, Inc. Page - 7 - v 1.0 214 EXHIBIT "A" (SCOPE OF WORK) This scope of work is based on the following assumptions: Whatcom County or Whatcom County Planning and Development Services is the AGENCY All work shall be performed in accordance USPAP, Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA aka Yellow Book) and pursuant to Part 5.19.62 of the 2002 Farm Bill inclusive of Supplemental Standards as issued by NRCS (Attachment A). The CONSULTANT will perform the appraisals and present and discuss results with the Whatcom County PDR Administrator and if requested the PDR Oversight Committee, a citizen advisory body to the PDR Administrator. In addition, the CONSULTANT will respond to questions presented by the individual land owners regarding final Development Right values. This project consists of approximately 5 farms, some with more than one parcel. It is expected that costs will be discounted over individual appraisal fees due to the ability to utilize comparable sales and other research related information on several properties. A final determination will be made on the total number of appraisals based on the status of on going negotiations. The CONSULTANT will appraise specific individual farms as directed by the PDR Administrator. It is the expectation of the AGENCY that appraisals will be completed within 60 days of initial assignment date unless additional time is mutually agreed to by both the CONSULTANT and AGENCY. The PDR Administrator shall be the AGENCY'S responsible official in all matters associated with this contract and any modifications deemed necessary to carryout the work associated with this contract. Work Item 1 — Appraisals 1.1 Appraisals The CONSULTANT shall establish value by conducting an appraisal and producing a report that conforms to Uniform Standards of Professional Appraisal Practices (USPAP), Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA aka Yellow Book), Part 5.19.62 of the 2002 Farm Bill inclusive of Supplemental Standards as issued by NRCS. The clients and intended users are Whatcom County and the Natural Resource Conservation Service (NRCS). The purpose of the appraisal is to develop an opinion of the market value of the unencumbered fee simple interest in the land only, at its current highest and best use and the agricultural value of the land only. The definition of market value is to be the current economic definition agreed upon by agencies that regulate federal financial institutions in the United States of America as quoted in the Glossary of the USPAP, 2003 edition. The agricultural value is to exclude all residential, industrial, commercial and other non-agricultural influence on value. The difference between the market value and agricultural value will be the basis for determining the property's development rights. Farms with multiple parcels will be valued as if each parcel is sold separately and subdivided. Establishing the value will comply with the requirements as specified in the USDA Farm and Ranchland Protection Program — General Manual Part 519.62, Appraisals and the formula included in Exhibit 1. Columbia Valuation Group, Inc. Page - 8 - V1.0 215 1.2 Appraisals Reports The CONSULTANT shall provide three (4) copies of each appraisal report to the County PDR Administrator. Each report shall be reviewed by the PDR Administrator and the PDR Oversight Committee. The CONSULTANT may be requested to provide additional information or explanation as deemed necessary by the PDR Administrator or the PDR Oversight Committee as a means of insuring that the appraisal reports are fully understood and any questions have been addressed. 1.3 Provide information/explanation to owners of appraised properties The CONSULTANT shall communicate with owners of the appraised properties to answer any questions relating to the value established for the property owner development rights. 1.4 Expert testimony The Consultant shall act in the capacity as the County's appraiser on all matters relating to the review and in the event that appraisal related expertise is needed. 1.5 Schedule and Costs The CONSULTANT shall complete the following appraisals for the amounts listed and within the timeline specified herein or as authorized in writing by the PDR Administrator. Property Parcel No. Acres Cost Crops 1.-Bajema West Property $3,500 Grass/corn 2. Bajema East Property $3,500 Grasslcorn 3. Maberry Property $4,000 Raspberries 4. Ebe Property $3.500 Potatoes 5. Groen Property $3,500 Grass/corn TOTAL $18,000 The appraisal shall conform to the following minimum requirements as identified in the Farm and Ranchland Protection Program. FRPP — 619.62 Appraisals Appraisal Requirements Appraisals completed and signed by a State certified or licensed general appraiser shall contain a disclosure statement by the appraiser. The disclosure statement should include at a minimum the following: ❑ The appraiser accepts full responsibility for the appraisal, ❑ The enclosed statements are true and unbiased, ❑ The value of the land is limited by stated assumptions only, ❑ The appraiser has no interest in the land, and ❑ The appraisal conforms to either the Uniform Standards of Professional Appraisal Practices or the Uniform Appraisal Standards for Federal Land Acquisitions or other alternate valuation processes approved and used by the State when expending State land acquisition funds. Columbia Valuation Group, Inc. Page - 9 - V 1.0 216 Determining the Appraised Fair Market Value The appraised fair market value of the property is ascertained through standard real property appraisal methods, such as USPAP or UASFtA. The appraised fair market value is the amount in cash, for which in all probability the parcel would have sold on the effective date of the appraisal. In valuing conservation easements, the appraiser estimates the fair market value of the whole property before the easement acquisition and the fair market value of the remainder property after the conservation easement has been imposed. The difference between the values is determined to be the value of the conservation easement. Formula basis for property valuation The following values must be determined in order to establish value of development rights: Retail value Wholesale value Agricultural land value Development rights value will be determined by subtracting the Agricultural value from the Wholesale value. Columbia Valuation Group, Inc. Page -10 "1.0 217 EXHIBIT "B" (COMPENSATION) Total compensation shall be $18,000 based on completion of the following: ARM AMOUNT COMPETION DATE 1. Bajema West Property $3,500 2. Bajema East Property $3,50 3. Maberry Property $4,000 4. Ebe Property $3,500 5. Groen Property $3,500 Columbia Valuation Group, Inc. Page -11 v 1.0 218 Attachment I SPECIFICATIONS FOR APPRAISALS OF REAL PROPERTY FOR THE FARM AND RANCH LANDS PROTECTION PROGRAM (FRPP) A. BACKGROUND INFORMATION The United States of America, acting through the United States Department of Agriculture, Natural Resource and Conservation Service (NRCS) and Whatcom County is considering purchasing a conservation easement to assist the landowner in protecting farm and ranch lands that contain prime, unique or Statewide and locally important soils or historic and archaeological resources from conversion to non-agricultural uses and preserves valuable farm and ranch lands for future generations These lands may be placed under a conservation easement through the Farm and Ranch Lands Protection Program(FRPP). All appraisals completed for this program shall comply with Uniform Standards of Professional Appraisal Practice (USPAP), Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA aka Yellow Book) and appraisal instructions as issued by NRCS. Yellow Book and USPAP Conflicts: Conflicts between Yellow Book and USPAP are minimal. When there is conflict, Yellow Book takes precedence. It may be necessary to invoke the Jurisdictional Exception Rule to USPAP to meet certain standards of the Yellow Book. Invocation of the Jurisdictional Exception Rule should never be invoked lightly and must include citation of the over-riding Federal policy, rule, or regulation that requires it. Any jurisdictional exceptions not specifically cited in the Yellow Book shall be discussed with the assigned review appraiser. B. APPRAISER QUALIFICATIONS All real property appraisers performing appraisals under this program shall be State Certified General Real Property Appraiser, or obtain a temporary practice permit, in conformance with Title XI of the Financial Institution's Reform, Recovery and Enforcement Act of 1989 (FIRREA) in the state(s) where the subject property is located and be in good standing with the licensing authority where the credential was issued. Appraiser must have demonstrated competency in compliance with USPAP in conducting appraisals of agricultural properties with and without conservation easements of the requested type and shall provide documentation of appraisal education courses attended including UASFLA (Yellow Book) and either eminent domain or conservation easements course completion. 219 C. PURPOSE OF THE APPRAISAL REPORTS The purpose of the appraisals is to provide an opinion of market value, as defined below, of the subject property (larger parcel) before acquisition of an easement (before value) and an opinion of market value of the subject property remaining after the proposed easement has been placed (after value) as of the date of the execution of the cooperative agreement between USDA/ NRCS.. The appraiser shall recognize that in a before and after appraisal, the partial interest being acquired is not actually being appraised. What is appraised is the larger parcel before and after the conveyance of the partial interest. The purpose of two opinions of value is to establish the effect on value resulting from imposition of a conservation easement. The price of the easement is the before value of the larger parcel minus the after value of the property as encumbered by the FRPP Warranty Easement Deed, provided there are not adjustments such as excess irrigation water rights explained below, which would equal the price of the easement. A key concept in this appraisal process is defining the larger parcel is required to begin the appraisal process. The appraisals must be completed in compliance with Uniform Standards of Professional Appraisal Practice, Uniform Appraisal Standards for Federal Land Acquisitions and appraisal instructions issued by MRCS. For the purpose of these appraisals, the Federal Rules for acquisition will be used. The market value definition that will be stated and used in developing and reporting this assignment is the definition as stated in the Yellow Book; "Market value is the amount in cash, or in terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of the appraisal, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property at the time of the appraisal." This definition makes no linkage between the estimated market value and exposure time. A specific exposure time shall not be cited in an appraisal report prepared under Yellow Book standards. Invoke the Jurisdictional Exception Rule to avoid a violation of USPAP standards, which require a specific exposure time. No other definition of market value is acceptable. D. BACKGROUND FOR THE APPRAISAL REPORT 1. Prepare two opinions of value of the subject property (larger parcel) in the before and after conditions considering the effects of the easement. The after condition will be based upon a hypothetical condition that the conservation easement is in place and the effects on value that may be created. 220 2. Client is (entity name), unless otherwise directed by the Client. 3. Intended User should be identified as USDAINRCS and any other specific organization or entity that may be involved in the specific transaction unless otherwise directed by the Client. 4. Intended Use will be for USDAINRCS and any other specific organization or entity that may be involved in the specific transaction consideration in determining the effect on value of the conservation easement of lands entering into the Farm and Ranch Lands Protection Program. 5. Exclusions of approaches to values, as stated in USPAP, must be strongly supported with solid reasoning. b. Property rights to be appraised will be surface rights, improvements such as hay sheds and fencing, timber, orchards or other permanent plantings and any irrigation water rights. The irrigation water rights include wells, ditches, reservoirs, ponds and lakes that provide irrigation on the subject property. Crop base and or allotments will be clearly identified that are located on the subject property in both the before and after condition. The value of any standing timber will be considered by a timber cruise and included in any valuations. F. THE APPRAISAL. REPORT 1. Description of Work Product The appraisal(s) will meet the requirements of the Uniform Standards of Professional Appraisal Practice, Uniform Appraisal Standards for Federal Land Acquisitions regulations and Supplemental Standards issued by NRCS as a complete appraisal self contained report. The Appraisal Report can consist of a Form Report or a Narrative Report, or a combination may be used. The Appraisal Report must be in compliance with Uniform Standards of Professional Appraisal Practice, Uniform Appraisal Standards for Federal Land Acquisitions and must use the following guidelines as stated in these standards. Restricted use reports are not acceptable. The contract appraiser must personally inspect the subject property and comparable sales. The appraiser shall talk personally to the property owner or the owner's agent or representative and the property owner or the owner's agent or representative shall be given an opportunity to accompany the appraiser during his or her inspection of the subject property. 221 The Uniform Residential Appraisal Report (URAR) shall not be acceptable. Reports must contain a Table of Contents and sequentially numbered pages including addenda. Reports may contain handwritten page numbers Reports shall reference all environmental documents utilized by the appraiser in completing the Appraisal. The Appraiser is a key individual in identifying potential environmental problems that may affect the value of the subject property. The appraiser will contact the client to resolve problems, clarify questions, Letters of Engagement (Call Orders) or other issues. Issues relating to the appraisal process will be discussed with the technical review appraiser who will keep the client advised of such discussions. The effective date of the Appraisal Report is the date of the execution of the cooperative agreement between the entity and USDA/NRCS. The appraisal(s) shall be in typewritten or legible ink print form and/or automated or computerized forms. Only reports completed and submitted on 8% inch by I 1 inch paper will be accepted. The Appraisal Report shall be bound in a durable report cover with appropriate identification. The appraiser shall provide one (1) original and three (3) copies of the appraisal(s) to the specific organization or entity that may be involved in the specific transaction. Reference the above instructions, including exhibits, for details on appraisal reports, appraisal forms required, and required methodology and supporting documentation. 2. Required Elements for FRPP Appraisals Part 1 Introduction 1. Title Page 2. Letter of transmittal 3. Table of contents 4. Appraiser's certification Follow the UASFLA and USPAP guidelines, but include the following: "I have made a personal inspection of the appraised property which is the subject of this report and all comparable sales used in 222 developing the opinion of value. The date(s) of inspection was and the method of inspection was ." (If more than one person signs the report, this certification must clearly specify which individuals did and which individuals did not make a personal inspection of the appraised property and sales. The contract appraiser must inspect the appraised property.) In my opinion, as of date the market value of the larger parcel before conveyance of the partial interest is $ , and the market value of the remainder after conveyance of the partial interest is $ By: (signature) Print Name Printed Name and Professional Accreditation State Certification # 5. Summary of salient facts 6. Photographs of subject property. Provide original color photographs or high quality color copies of photographs of the appraised property. Photographs may be a separate exhibit in the addenda or included with the narrative description of the appraised property and comparable sales. Show the following information with each photograph: a. Identify the photographed scene. Indicate direction of view, vantage point, and other pertinent information. An aerial photo should be used to show the location of the photos. b. The name of the photographer c. The date the photograph was taken. 7. Statement of assumptions and limiting conditions. All appraisal reports submitted to the entity and NRCS for review become the property of the United States and may be used for any legal and proper purpose. 'Therefore, a condition that limits distribution of the report is not permitted. 223 If the appraisal has been made subject to any encumbrances against the property, such as easements, that shall be stated. It is unacceptable to state that the property has been appraised as if free and clear of all encumbrances, except as stated in the body of the report; the encumbrances must be identified in this section of the report. The use of an uninstructed assumption or hypothetical condition that results in other than "as is" market value will invalidate the appraisal. Include only factors relating to the appraisal problem. Assumptions and limiting conditions that are speculative in nature are inappropriate. Do not include limiting conditions that significantly restrict the application of the appraisal. A contract appraiser cannot make an assumption or accept an instruction that is unreasonable or misleading. Client instructions shall have a sound foundation, be in writing, and included in the appraisal report. Scope of the appraisal This section shall fully describe the extent of investigation and analysis. The scope of work should be consistent with the intended use of the appraisal. Identify the appraisal as a partial acquisition case appraisal. Describe the part being conveyed and the principal differences in the property in the before and after condition. Describe the before and after methodology to be used. 9. Purpose of the appraisal will be as sated in C above. 10. Summary of the appraisal problem Part 2 Factual Data 11. Legal description 12. Area, city and neighborhood data 13. Property data a. Site b. Improvements c. Fixtures, livestock and forage production structures and facilities d. Use history e. Sales history 224 Include a 10-year record of all sales of the appraised property and, if the information is available, offers to buy or sell. If no sale has occurred in the past 10-years, the appraiser shall report the last sale of the property, irrespective of date. f. Rental history A 3-year rental history is required. An unsupported statement that the rent does not represent market or economic rent is unacceptable. g. Assessed value and annual tax load h. Zoning and other land use regulations The contract appraiser shall identify, in addition to zoning, all other land -use and environmental regulations, outstanding rights, and reservations that have an impact on the highest and best use and value of the property. i. Appraised property map or plat. Show the dimensions and topography of the appraised property in detail on a large-scale topographic map, at least 2 inches to the mile. The map may be placed here or in the addenda. Part 3 Data Analysis and Conclusions before Acquisition 14. Analyses of highest and best use For acquisition appraisals, UASFLA defines highest and best use as "The highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future." The contract appraiser may also refer to definitions as found in "The Dictionary of Real Estate Appraisal." The UASFLA requires the contract appraiser to make a larger parcel determination in all appraisals. Apply the tests provided in UASFLA Part III to determine the larger parcel(s). The highest and best use conclusion must be clearly supported by market evidence. Sale or exchange to the United States or other public entity is not an acceptable highest and best use. The use for which the Federal Government will put the property after it has been acquired is, as a general rule, an improper highest and best use. A non -economic highest and best use, such as "conservation," "natural lands," "preservation," or any use that requires the property to be withheld from economic production in perpetuity, is not a valid use upon which to base an estimate of market value. If the highest and best use is for assemblage, describe and explain the relationship of the appraised property to the property to which it would be joined. 225 If speculation or investment is the highest and best use of the property, describe and explain its interim and most probable ultimate use. When there is a claim that the highest and best use of a property is something other than the property's existing use, the burden of proof is on the contract appraiser. Market value cannot be predicated upon potential uses that are speculative and conjectural. The contract appraiser's opinion of a reasonable probability of a zoning change must have a factual foundation. The appraisal report shall include a description of the investigation undertaken to determine the probability of rezoning. The investigation shall include thorough research of the use(s) and zoning of properties situated similarly to the subject property within the area covered by the zoning authority. The stated rezoning conclusion shall be supported by facts surfaced in the research. A property cannot be valued as if it were already rezoned for a different use. The property must be valued only in light of the probability of obtaining a zoning change. 15. Land valuation 16. Value estimate by the cost approach Estimate the value of the land as though vacant and available for its highest and best use. Estimating land value by the use of confirmed sales of comparable, or nearly comparable, lands having like optimum uses is the preferred method. 17. Value estimate by the sales comparison approach Nearby arm's length transactions, comparable to the land under appraisement, and reasonably current, are the best evidence of market value. The Federal courts recognize the sales comparison approach as being normally the best evidence of market value. Analyze the last sale of the subject property if relevant. if not used, explain why. An unsupported claim that a sale of the subject property was a forced sale, or is not indicative of its current value, is unacceptable. When supportable by market evidence, the use of quantified adjustments is preferred. Percentage and dollar adjustments may, and often should, be combined. Resort to qualitative adjustments only when there is inadequate market data to support quantitative adjustments. Factors that cannot be quantified are dealt with in qualitative analysis. When 226 quantitative and qualitative adjustments are both used in the adjustment process, all quantitative adjustments should be made first. Include a sales adjustment chart summarizing the adjustments and showing the final adjusted sale prices and how the sales compare with the subject property. The documentation of each comparable sale shall include: a. Parties to the transaction b. Date of transaction c. Confirmation of the transaction Confirm the transaction with the buyer, seller, broker, or other person having knowledge of the price, terms, and conditions of sale. d. Buyer motivation e. Location f. Size g. Legal description h. Property rights conveyed i. Consideration j. Financing terms k. Verify if the sale was an arm's length or distressed sale. 1. Improvements m. Physical description Describe topography, vegetative cover, water influence, improvements, irrigation water, soils and other characteristics. n. Non -realty items o. Economic characteristics p. Zoning 227 q. Current use r. Topographic map s. Photographs In order to make meaningful comparisons between the sales and the appraised property, NRCS requires inspection of all sales directly compared with the appraised property. Waiver of the comparable sale inspection requirement must be made in writing by an authorized official in the form of a supplemental appraisal instruction. There shall be no waiver of the requirement for inspection of the appraised property. Include a list of the sales considered, but not actually used, in the addenda. Cite pertinent facts such as date, size, buyer and seller, price, terms, location, and explain why each sale was not used. The contract appraiser shall adhere to UASFLA direction pertaining to comparable sales requiring extraordinary verification and weighting considerations. These include sales to governmental agencies, sales to environmental organizations, sales to parties desiring to exchange the land to the government, distressed sales, and other atypical or non- arm's length sales. 18. Value estimate by the income approach All data shall be market supported. 19. Correlation and final estimate The contract appraiser must avoid making a summation appraisal. Appraisers are responsible for the final opinion of value even if it relies upon estimates developed by others (such as, timber cruisers, or cost estimators). Value estimates developed by others will be the appraiser's responsibility if needed. Part 4 Factual Data after Acquisition 20. Legal description If only a portion of the bundle of rights pertaining to a specific parcel of real estate is being acquired, this will be the same as in the before condition. If all of the rights held by the grantor for only a portion of the larger parcel are being acquired, this section will describe only the real estate being retained in the after condition. 228 If the partial interest being acquired is only a portion of the property rights associated with the larger parcel, the rights being acquired are outstanding rights for the after appraisal. 21. Neighborhood factors 22. Property data a. Site b. Improvements c. Fixtures d. History e. Assessed value and annual tax load f. Zoning and other land use regulations Part 5 Data Analysis and Conclusions after Acquisition 23. Analysis of highest and best use 24. Land valuation 25. Value estimate by cost approach 26. Value estimate by sales comparison approach 27. Value estimate by income capitalization approach 28. Correlation and final value estimate Part 6 Acquisition Analysis 29. Recapitulation Show the difference between the value of the entire property and the value of the remainder by deducting the property's after value from it's before value. 30. Allocation and explanation of damages Briefly explain any damages to the remainder property. 31. Explanation of special benefits Identify any special benefits accruing to the remainder. Part 7 Exhibits and addenda 32. Location map Maps shall clearly identify the property and be of sufficient quality to enable the review appraiser to locate the property on the ground. Maps shall be dated, include a legend, scale, and north arrow. The original copy of the report shall contain original maps or vivid color copies. a. Area Map. This is a small-scale map showing the general location of the subject market area. b. Neighborhood Map. This map shows the appraised property and its immediate neighborhood. 229 c. Tract Map or Plat. This map is a large-scale (2- inch/mile) United States Geological Survey (USGS) or similar quality map that shows the appraised property and pertinent physical features such as roads, streams, and improvements. If portions of the appraised property are assigned separate contributory values to the whole, these areas shall be delineated on this map, or a separate map. 33. Comparable data maps This map shall show the location of the appraised property and the sales. Delineate the boundaries of the appraised properties and comparable sales when the map is of sufficient scale to be meaningful. If all pertinent comparable sales cannot be shown on the same map as the appraised property, a smaller -scale map (such as a state road map) may be included in addition to the larger scale map. 34. Detail of comparative data Include a completed form showing all information for each comparable transaction used in the appraisal. Include a plat (if available), a USGS topographic map (if appropriate), and color photo(s) of each sale. The transaction number must match the number of the transaction listed in the report. 35. Plot plan 36. Floor plan 37. Title evidence report Include a copy of the preliminary title report for the non -Federal land if available. 38.Other pertinent exhibits Present additional data such as documents and charts pertinent to the valuation and referred to in the body of the appraisal. Exhibits may include: a. A copy of the Conservation Easement Deed. b. A copy of technical reports from specialists. This may include a timber cruise summary signed by a timber cruiser, or a road plan signed by an engineer. c. Property owner permission to appraise. 39. Qualifications of appraiser Include the qualifications of all contract appraisers or technicians who made significant contributions to the completion of the appraisal assignment. The contract appraiser(s) must provide evidence of compliance with the 230 certification requirements of the state(s) where the properties are located. G. Appraisal Reviews All appraisal reports are subject to a technical appraisal review conducted for compliance with appraisal instructions, UASFLA and USPAP prior to acceptance by NRCS as determined by NRCS. All appraisal reports will have, as a minimum, an administrative appraisal review conducted by NRCS on each appraisal report in accordance with Attachment 1, Section 519.62 (F). H. Format for Supplemental Appraisal Reports. Supplements or amendments to appraisal reports, such as for updating value estimates, changes in acreage, change in actual land location or title conditions shall be referenced for incorporation with the original report in accordance with USPAP. The following format is recommended. All items must be addressed. 1. Title Page. Include the same information as on the original appraisal report. Label the report as a "Supplemental appraisal report. 2. Summary of Facts. Include (a) owner's name or other identification of the property, (b) size, (c) highest and best use, (d) new estimate of value, and (e) new valuation date. 3. Summary of Original Appraisal. Cite the date and value opinion from the original appraisal. If previous updates have been made since the original appraisal, cite value opinions and value dates from all updates as well as the original appraisal. 4. Changes. Explain the reason for the appraisal supplement; such as, to update an opinion of value, amend a previous appraisal report, add additional support or explanation, or other. 5. New Opinion of Value. Discuss the changes and market activity that have occurred since the original appraisal (or previous update). Discuss the method used to update the opinion of value and cite the evidence and/or analysis of trends that support the updated value opinion. Conclude with a statement of the new opinion of value and the valuation date, followed by the contract appraiser's signature. 231 6. Certification. The appraiser shall recognize that in a before and after appraisal, the partial interest being acquired is not actually being appraised. What is appraised is the larger parcel before and after the conveyance of the partial interest. Follow the UASFLA and USPAP guidelines required for certification as follows. "I have made a personal inspection of the appraised property which is the subject of this report and all comparable sales used in developing the opinion of value. The date(s) of inspection was and the method of inspection was ." (If more than one person signs the report, this certification must clearly specify which individuals did and which individuals did not make a personal inspection of the appraised property and sales. The contract appraiser must inspect the appraised property and sales.) In my opinion, as of date , the market value of the larger parcel before conveyance of the partial interest is $ , and the market value of the remainder after conveyance of the partial interest is $ By: (signature) Print Name Printed Name and Professional Accreditation State Certification # 7. Addenda. Include sales data detail for new sales cited, summaries of data and trend analyses, maps of sales analyzed, and any other information relied upon but not included in the text. 8. Binding. If the Supplemental Appraisal Report comprises more than four pages, it shall be bound in a durable report cover with appropriate identification. 232 EXHIBIT "A" (SCOPE OF WORK) This scope of work is based on the following assumptions: Whatcom County or Whatcom County Planning and Development Services is the AGENCY. All work shall be performed in accordance USPAP, Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA aka Yellow Book) and pursuant to Part 5.19.62 of the 2002 Farm Bill inclusive of Supplemental Standards as issued by NRCS (Attachment A). The CONSULTANT will perform the appraisals and present and discuss results with the Whatcom County PDR Administrator and if requested the PDR Oversight Committee, a citizen advisory body to the PDR Administrator. In addition, the CONSULTANT will respond to questions presented by the individual land owners regarding final Development Right values. This project consists of approximately 5 farms, some with more than one parcel. It is expected that costs will be discounted over individual appraisal fees due to the ability to utilize comparable sales and other research related information on several properties. A final determination will be made on the total number of appraisals based on the status of on going negotiations. The CONSULTANT will appraise specific individual farms as directed by the PDR Administrator. It is the expectation of the AGENCY that appraisals will be completed within 60 days of initial assignment date unless additional time is mutually agreed to by both the CONSULTANT and AGENCY. The PDR Administrator shall be the AGENCY'S responsible official in all matters associated with this contract and any modifications deemed necessary to carryout the work associated with this contract. Work Item 1 —Appraisals 1.1 Appraisals The CONSULTANT shall establish value by conducting an appraisal and producing a report that conforms to Uniform Standards of Professional Appraisal Practices (USPAP), Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA aka Yellow Book), Part 5.19.62 of the 2002 Farm Bill inclusive of Supplemental Standards as issued by NRCS. The clients and intended users -are Whatcom County and the Natural Resource Conservation Service (NRCS). The purpose of the appraisal is to develop an opinion of the market value of the unencumbered fee simple interest in the land only, at its current highest and best use and the agricultural value of the land only. The definition of market value is to be the current economic definition agreed upon by agencies that regulate federal financial institutions in the United States of America as quoted in the Glossary of the USPAP, 2003 edition. The agricultural value is to exclude all residential, industrial, commercial and other non-agricultural influence on value. The difference between the 233 market value and agricultural value will be the basis for determining the property's development rights. Farms with multiple parcels will be valued as if each parcel is sold separately and subdivided. Establishing the value will comply with the requirements as specified in the USDA Farm and Ranchland Protection Program — General Manual Part 519.62, Appraisals and the formula included in Exhibit 1. - 1.2 Appraisals Reports The CONSULTANT shall provide three (4) copies of each appraisal report to the County PDR Administrator. Each report shall be reviewed by the PDR Administrator and the PDR Oversight Committee. The CONSULTANT may be requested to provide additional information or explanation as deemed necessary by the PDR Administrator or the PDR Oversight Committee as a means of insuring that the appraisal reports are fully understood and any questions have been addressed. ..3 Provide inform ationlexplanation to owners of appraised properties The CONSULTANT shall communicate with owners of the appraised properties to answer any questions relating to the value established for the property owner development rights. 1.4 Expert testimony The Consultant shall act in the capacity as the County's appraiser on all matters relating to the review and in the event that appraisal related expertise is needed. 1.5 Schedule and Costs The CONSULTANT shall complete the following appraisals for the amounts listed and within the timeline specified herein or as authorized in writing by the PDR Administrator. Property Parcel No. Acres Cost Cro s 1. Bajema West Property $3,600 Grass/corn 2. Bajema East Property $3,500 Grass/corn 3. Maberry Property $4,000 Raspberries 4. Ebe Property $3,500 Potatoes 5. Groen Property $3,500 Grass/corn TOTAL $18,000 234 The appraisal shall conform to the following minimum requirements as identified in the Farm and Ranchland Protection Program. FRPP — 519.62 Appraisals Appraisal Requirements Appraisals completed and signed by a State certified or licensed general appraiser shall contain a disclosure statement by the appraiser. The disclosure statement should include at a minimum the following: . ❑ The appraiser accepts full responsibility for the appraisal, ❑ The enclosed statements are true and unbiased, ❑ The value of the land is limited by stated assumptions only, ❑ The appraiser has no interest in the land, and ❑ The appraisal conforms to either the Uniform Standards of Professional Appraisal Practices or the Uniform Appraisal Standards for Federal Land Acquisitions or other alternate valuation processes approved and used by the State when expending State land acquisition funds. Determining the Appraised Fair Market Value The appraised fair market value of the property is ascertained through standard real property appraisal methods, such as USPAP or UASFLA. The appraised fair market value is the amount in cash, for which in all probability the parcel would have sold on the effective date of the appraisal. In valuing conservation easements, the appraiser estimates the fair market value of the whole property before the easement acquisition and the fair market value of the remainder property after the conservation easement has been imposed. The difference between the values is determined to be the value of the conservation easement. Formula basis for orogertv valuation The following values must be determined in order to establish value of development rights: Retail value Wholesale value Agricultural land value Development rights value will be determined by subtracting the Agricultural value from the Wholesale value. 235 EXHIBIT "B" (COMPENSATION) Total compensation shall be $18,000 based on completion of the following: FARM AMOUNT OMPETION DATE 1. Ba'ema West Property $3,50 2. Ba'ema East Property $3,500 3. Maberry Propert$4,00 4. Ebe Property $3,500 5. Groen Property $3,500 236 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007--146 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: 0 — —v [R C C V 3r U Finance/Conn Division Head. - Dept. Head: ,i,._. /� p Gq��7 �Nli� � 6 I wHXrcoM couNTr Prosecutor. '3 = C� Purchasin /Bud ef: n Executive: TITLE OF DOCUMENT. Whatcom Land Trust (WLT) Contra ATTACHMENTS: Cover memo, Contract Information Sheet, Contract 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: Authorization of purchase of a conservation easement under WCC 3.25A -- Purchase of Agricultural Development Rights Program. Whatcom County has worked collaboratively with the Whatcom Land Trust for the past four years. This contract will enable the working relationship between the Whatcom Land Trust and Whatcom County for another 12 months. Whatcom Land Trust will assume primary responsibility monitoring and easement enforcement for any conservation easements purchased through the duration of this contract. 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. cil 237 WHATCOM COUNTY CONTRACT INFORMATIONSHEET Whatcom County Contract No. - o7ao Originating Department: Planning & Development Services Contact Person: Kraig Olason Contractor's Name: Whatcom Land Trust 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 X 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 a. minimum fee of $3, 000 per easement memo. Any amendment that provides either a 10% increase in amount or more than b. 6% fee on the first $150,000 of each $10, 000, whichever is greater, must also go to Council and will need an agenda bill easement price and supporting memo. If less than these thresholds, just submit to Executive with c. 4% fee on price of each easement over supporting memo for approval. $150,000 Scope of Services Authorization of purchase of a conservation easement under WCC 3.25A -Purchase of Agricultural Development Rights Program. Whatcom County has worked collaboratively with the Whatcom Land Trust for the past four years. This contract will enable the working relationship between the Whatcom Land Trust and Whatcom Countyfor another 12 months. Whatcom Land Trust will assume primary responsibility monitoring and easement enforcement for any conservation easements purchased through the duration of this contract. Nature of Contract Aria: ( Check one) Fixed Amount x Not to Exceed _ Open Ended Term of Contract: Expiration Date: December 31, 2007 Renewal Option Yes X No Last Renewal Expires: Special Dates or clauses that require calendaring: Contract Routinz Steps & Sijznof - (sign or initial] (indicate date transmitted 1. Prepared by: BB Date_9112106 [electronic] 2. Attorney reviewed: Date_9115106 [electronic] _RB 3. AS -Finance reviewed: _bbennen Date_9115106___[electronic] 4. Corrections made: Date electronic] hard copy printed 5. Attorney signojj: RB Date�1129107 6. Contractor signed: Date J -1 4 O(o 7. Submitted to Exec Office s nl, c.' Date ,3 _ 2 -D 3�[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 thtsform may need to expand to more than one page 238 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226 MEMORANDUM TO: Pete Kremen, Whatcom County Executive THROUGH: Hal H. Hart, AICP, Directors' q Dennis Rhodes, Assistant Director Planning & Development Services FROM: Linda J. Peterson, AICP, Planning Division Manage Kraig Olason, Senior Planner I\© DATE: March 1, 2007 RE: Whatcom Land Trust Contract Hal H. Hart, AICP RECEIVED MAR 0 2 7007 PETE KREMEN COUNTY EXECUTIVE Enclosed are two (2) originals of the contract between Whatcom Land Trust (WLT) and Whatcom County for your review and signature. ■ Background and Purpose In September 2001 Whatcom County began formation of a committee to create a Purchase of Development Rights program. Since then we have conducted four application rounds and have purchased 4 conservation easements. Whatcom Land Trust has participated with Whatcom County over the past four years and this contract will continue their assistance for another 12 months. ■ Funding Amount and Source The County would pay the Land Trust for its work as follows: a) A minimum fee of $3,000 per easement, or b) 6% fee on the first $150,000 of the easement price, whichever is greater, and c) 4% of the easement price in excess of $150,000. In addition to the fee noted above, the contract also provides for reimbursement of expenses for any work or expenditures incurred by the Whatcom Land Trust in acquiring an agricultural conservation easement. Funding will come from the Conservation Futures Fund. Please contact Kraig Olason at extension 50264, if you have any questions or concerns regarding the terms of this agreement. Encl. 239 AA CON1 �T`FOR SERVICE$ AdgE� tkT WHATCOM LAND TRUST Whatcom County Contract No. WHATCOM LAND TRUST, hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. `� to�, Exhibit A (Scope of Work), pp. to Exhibit B (Compensation), pp.L to , Copies of these items are attached hereto and incorporated herein by thi reference as if fully set forth herein. The term of this Agreement shall commence on the 1st day ofJaruary 2007, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 3151 day of December, 2007. The general purpose or objective of this Agreement is to: Assume primary responsibility of monitoring and easement enforcement of properties in the Purchase of Development Rights Program 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 consideration for the initial term of this agreement or for any renewal term shall comply with the amounts specified in Exhibit B of this agreement. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. 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. IN WITNESS WHEREOF, the parties have executed this Agreement this I day of � Uy , 20 CONTRACTOR: Whatcom Land Trust Cynth a Klein, President STATE OF WASHINGTON ) *M 55. COUNTY of On this � day of �i� 20t�, before me personally appeared to me known to be the ` (title) of 11 t Company) and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY,.PU LIC n and for the State of Washington residing at My commission expires � - -zq -O'- Whatcom Land Trust Page - 1 - v 1.0 240 WHATCOM COUNTY: Recommended for Approval: Depa me—RTDirdctor -' Date Approved as to form: o7 Prosecuffk- ~ ' y ' Date 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 CONTRACTOR INFORMATION: Whatcom Land Trust Cynthia Klein, President 99 Central Avenue Bellingham WA 98225 Mailing Address: P.O. Box 6131 Bellingham, WA 98227 Contact: Rand Jack 360-650-9470 Fax:360-650-0495 Whatcom Land Trust v 1.0 Page - 2 - 241 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: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year at a time, and for a total of no longer than three years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 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, that 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'l3" 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 monthly, 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 State 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 Whatcom Land Trust Page - 3 - v 1.0 242 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. 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: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clauser no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: Not Applicable Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's 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 he/sherit 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 lax 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 porfion of this contract may be assigned or subcontracted to any other individual, firm or entify 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. 31.1 Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.2 Patent/Copyright Infringement: Not Applicable Whatcom Land Trust Page - 4 - 243 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: Not Applicable 34.1 Proof of Insurance: Not Applicable 34.2 Industrial Insurance Waiver: Not Applicable 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 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 lake 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: Not Applicable 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: Not Applicable 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the Slate 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: Whatcom Land Trust Page - 5 - v 1.0 244 Hal H. Hart, A.I.C.P. Director, Whatcom County Planning and Development Services 37.2 Notice: 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 full 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: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional lime required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: 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 Whalcom. This Agreement shall be governed by the laws of the State of Washington. Whatcom Land Trust Page - 6 - v 1.0 245 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 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, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire AAc reement: 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. Whatcom Land Trust Page - 7 - V 1.0 T EXHIBIT' A" (SCOPE OF WORK) PDR Program Scope of Work 1. Entry. WLT will begin participation in the PDR program after the PDR Oversight Committee has selected applicants eligible to participate in the program. WLT will work with the County to obtain an appraisal and will then negotiate the easement, close the deal and assume primary responsibility for monitoring and enforcement of the easement. Contract. WLT will contract with the County in this role in implementing the PDR program for one year. At that point, the County and WILT will evaluate whether to continue the partnership and on what terms Conservation Easement. WLT will use a model conservation easement prepared for this PDR program in all transactions. In negotiating a transaction, WLT will make only minor modifications in the model easement, unless the property had significant habitat or other conservation values not covered by the model easement. If it is determined that significant conservation values are present, WLT upon approval of the County, will negotiate purchase of additional rights necessary to protect these conservation values for up to 10% of the purchase price of the model easement. Like the model easement, the purchase of these additional rights will have to be approved by the County Council. Both WILT and Whatcom County will sign the conservation easement and be designated grantees. Monitoring. WLT will prepare baseline monitoring data consisting of a set of photographs of the property, maps and a narrative description. The property owner, the County and the WLT will each have a copy. At least once a year WLT will meet with the landowner and inspect the property. WLT will prepare a written monitoring report and supply a copy to the property owner and the County. If WLT or the County believes more frequent monitoring of specified properties is necessary, WLT will -monitor the property more often than once per year. Enforcement Responsibility. WLT will have primary responsibility for monitoring and enforcement of easements. WLT will consult with and keep the County fully informed regarding any easement violation or potential violation. WLT will first try to rectify any violation by discussion with the landowner. If informal discussions are unsuccessful, WLT will turn to an informal alternate dispute resolution procedure provided for in the easement. If informal dispute resolution is unsuccessful, WILT will consider legal action to enforce compliance. If WLT decides that legal action is appropriate, WLT will ask the County to join in the legal action. If the County elects to do so, WLT will have use of the County legal staff to pursue the matter. Otherwise, the WLT will bring legal action on its own. If WLT elects not to enforce compliance by legal action, the County could choose independently to bring an enforcement action. 5. Proceeds. Proceeds from the judicial termination of an easement or from compensation for violation of an easement (after reimbursement to WILT for costs and time expended to obtain the proceeds) will go to the County for acquisition of agricultural easements if the County still has an active PDR program. If not, the proceeds will go to the WLT for acquisition of property interests in Whatcom County to protect agricultural, environmental, habitat and open space values. 6. Monitoring Fund Disposition. If the WILT dissolves or is for any reason unable to discharge its monitoring and enforcement responsibilities, the Agricultural Easement Monitoring Fund will be transferred to Whatcom County or whatever entity assumes responsibility for monitoring and enforcement. Whatcom Land Trust v 1.0 Page - 8 - 247 EXHIBIT "B" (COMPENSATION) The Contractor shall be paid according to the following schedule: 1. The County would pay the Land Trust for its Agricultural Easement Monitoring Fund work as follows: a) A minimum payment of $3,000 per easement, or b) 6% payment on the first $150,000 of the easement price, whichever is greater, and c) 4% of the easement price in excess of $150,000. These payment shall be used for monitoring and enforcement of conservation easements purchased under the County's Agricultural Purchase of Development Rights Program. The payments shall be maintained by the Land Trust as a restricted asset within their financial records. Upon request the Land Trust will provide the County with annual financial statements and include a statement from their public accounting firm who will confirm the balance of assets restricted for monitoring and_enforcement of the County's conservation easements. 2. In addition to the payment which is established in paragraph 1., the County shall reimburse the Contractor for all out of pocket costs incurred in acquiring conservation easements such as, but not limited to, Land Trust staff time and expenses, —the costs of appraisals, surveys, hazardous waste assessments, title searches, closing costs and recording fees. An invoice for Whatcom Land Trust services according to the payment schedule above and for costs will be submitted to the County upon final signing of each conservation easement by all parties and payment is due within 30 days of submission of the invoice. Whatcom Land Trust Page - 9 - v 1.0 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-147 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 3 Q LE MAR 0 6 2007 HATCOM COUNTY COUNCIL 3/13/07 Fi-nance/Couri Division Head: i Z G7 Dept. Head: Prosecutor: 3" J'0 7 Purchasing/Bud e1: 0 2 �� Executive: TITLE OF DOCUMENT: Interlocal agreement between the City of Bellingham and Whatcom County regarding cost sharing to obtain consultant services. ATTACHMENTS: Cover memo, Contract Information Sheet, Interlocal agreement SEPA review required? ( ) Yes ( x ) NO SEPA review completed? ( } Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) No Requested Date: The City and County agree to share equally the costs for developing a comprehensive housing strategy, with each jurisdiction contributing an amount not to exceed $75, 000. These monies will be used for staffing and consultant services. 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: wivw.co.wlratcom.wa.us/council. Housing Interlocal Agreement/City of Bellingham i1 V 1.0 249 WHATCOM COUNTY CONTRACT INFORMATIONSHEET Whatcorn County Contract No. o72.0 ;7 e-7 -) -7 Originating Department: Planning & Development Services Contact Person: Hal H. Hart Contractor's Name: City o Bellin ham 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 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 $75,000 memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount: $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 Executive with Total Amended Amount: supporting memo for approval. $ Scope of Services The City and County agree to share equally the costs for developing a comprehensive housing strategy, with each jurisdiction contributing an amount not to exceed $75, 000. These monies will be used for staffing and consultant services. Nature of Contract Amt: ( Check one) Fixed Amount x Not to Exceed _ Open Ended Term of Contract: Expiration Date: _ ;t Renewal Option Yes No x Last Renewal Expires: Special Dates or clauses that require calendaring: Contract RoutinzStens & Siznoff` fshen or initial? (indicate date transmitted 1. Prepared by: BB Date 312107 [electronic] 2. Attorney reviewed: � , Date [electronic] 3. AS -Finance reviewed: � ,�o Date J p [electronic] 4. Corrections made: Date (electronic] hard copy printed S. Attorney signoff.• Date S _y 7 6. Contractor signed: Date 7. Submitted to Exec Office ✓ r J Date S :z - D j isummary 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 Housing Interlocal AgreementlCity of Bellingham "1.0 250 WHATCOMI COUNTY PLANNING & DEVELOPMENT SERVICES 5280 Northwest Drive Bellingham, WA 98226 A 1-41hy M:7-1 Z I *III IT, Hal H. Hart, AICP Director RECEIVE MAR 0 2 ?-007 TO: Pete Kremen, County Executive PE I'E KREMEN THROUGH: Hal H. Hart, AICP, Director COUNTY EXECUTIVE Dennis Rhodes, Assistant Director Planning & Development Services FROM: Linda I Peterson, AICP, Planning Division Managed DATE: March 2, 2007 RE: Affordable Housing interlocal Agreement Cost Sharing Enclosed for your review and signature are two (2) originals of the Interiocal Agreement between the City of Bellingham and Whatcom County addressing cost sharing for Affordable Housing Strategies. ■ Background and Purpose The City and County have a responsibility under state law to provide housing opportunities for all economic segments of the community. Both the City Council and the County Council have directed their respective staffs to develop strategies to address housing affordability issues. A Countywide Housing Affordability Taskforce has been established to assist with this process. The County is looking at adopting an affordable housing ordinance (proposed in the 2006-7 Zoning Docket). ■ Funding Amount and Source The City and County agree to share equally the costs for developing a comprehensive housing strategy, with each jurisdiction contributing an amount not to exceed $75,000. These monies will be used for staffing and consultant services. The County's share will come from the Planning & Development Services 2007 budget. Please contact Hal Hart at extension 50200 if you have any questions or concerns regarding this information. Encl. Office (360) 676-6907 County (360) 380-8110 FAX (360) 738-2493 251 WHATCOM COUNTY COLIN T Y ORIGINAL CONTRACT NO. 20o703007 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND WHATCOM COUNTY REGARDING COST SHARING TO OBTAIN CONSULTANT SERVICES This Interiocal Agreement by and between the City of Bellingham (hereinafter, the City) and Whatcom County (hereinafter, the County) is entered into pursuant to the provisions of Chapter 39.34 RCW, for the purposes of sharing expenses for taskforce staffing and consultant services to develop appropriate strategies and programs that address housing affordability issues in a regionally comprehensive and equitable manner. WHEREAS, housing in Bellingham and Whatcom County is becoming increasingly unaffordable for the average resident; and WHEREAS, according to the Whatcom County Real Estate Research Report, median home prices throughout the county increased 80% between 2000 and 2005; and WHEREAS, it is anticipated that the countywide need for additional housing units that are affordable to families earning 80% or less of the county median income will be approximately 11,000 units by the year 2022; and WHEREAS, the City and County have a responsibility under state law to provide housing opportunities for all economic segments of the community; and WHEREAS, the City and County comprehensive plans contain a number of goals and policies related to the provision of affordable housing; and WHEREAS, the City's comprehensive plan calls for the development of incentives, strategies and requirements to achieve a mix of housing sizes, types and prices; and WHEREAS, both the City Council and the County Council have each directed their respective staffs to develop strategies to address housing affordability issues; and WHEREAS, the County and the City desire to work cooperatively to complete a comprehensive review of -affordable housing issues and to develop implementation strategies; and WHEREAS, the City and County agree that a taskforce and professional consulting services are necessary to complete a comprehensive study of countywide housing affordability issues and to develop implementation strategies in a comprehensive and timely manner. -NOW, THEREFORE IT IS AGREED THAT the City of Bellingham and Whatcom-County will work together as follows to fund development of a- comprehensive affordable housing strategy in 2007: Section I.- Fvndina The City of Bellingham and Whatcom County agree to equally share the cost of administrative expenses incurred by the Countywide Affordable Housing Taskforce identified in Section 4, and for consultant -services needed to prepare a comprehensive affordable housing strategy. Each jurisdiction shall contribute an amount not to exceed $75,000 for these activities. The County shall provide reimbursement to the City within-60 days of receiving invoices from the City. 252 Section 2. Program Responsibilities The City and County agree to provide the staff support and, in consultation with the taskforce, hire a qualified consultant to complete the strategy. A detailed scope of work for the project will be finalized -after a consultant is hired. In general, the scope of the project includes using the taskforce and consultants to develop and recommend specific action strategies and programs that, when implemented by the City and County, will address, to the greatest extent possible, the anticipated need for about 11,000 additional housing units that are affordable to families earning 80% or less of the county median income by the year 2022. The specific scope of work shall be as approved by the City and County Councils. The City and County agree to provide staff support, comments and background information for development of the strategy, including GIS data and information available from City and County plans and files. Section 3. Administrative Responsibilities The City. Planning and Community Development Department will be responsible for consultant contract administration. The City administrative officer for the purpose of this Agreement is: David Cahill, Block Grant Programs Manager City of Bellingham Planning and Community Development Department 210 Lottie Street Bellingham, WA 98225 The County representative for the purpose of this Agreement is: Hal Hart, Director Whatcom County Planning and Development Services 5280 Northwest Annex, Suite A Bellingham, WA 98226-9099 Section 4. Taskforce A Countywide Housing Affordability Taskforce has been established by the Mayor and the County Executive to assist in preparation of the strategy. The taskforce includes representatives from the construction, real estate, mortgage lending and social service fields and other advocates for lower income residents. The role of the taskforce is to analyze current countywide housing dynamics and recommend to the City Council and County Council appropriate strategies and programs to address housing affordability issues in a regionally comprehensive and equitable manner. Section 5. Effective Date, Duration, Amendment and Termination This agreement shall be effective five (5) days after its approval and signature by the City of Bellingham and Whatcom County and shall remain in effect until the affordable housing strategy is published and distributed and the taskforce completes its work. The scheduled completion date is for the project- is December 31, 2007. This agreement can be terminated, amended or extended by mutual agreement of the two parties. 2 253 Section 6. Relationships of the Parties The parties agree that they are each an independent entity operating pursuant to the terms and conditions of this Agreement. No agent; employee, or representative of any party shall be deemed to be an agent, employee, or representative of any other party for any purpose. Each party shall be solely and entirely responsible for the acts of its agents and employees during the term of this Agreement. Section 7. Indemnification Each party, as an indemnitor, agrees to protect, defend, hold harmless and indemnify the other party from and against all claims, suits, and actions arising from the intentional or negligent acts or omissions of such indemnitor, its agents,'or employees in the performance of this Agreement. Section 8. Extent of Agreement This Agreement contains all of the terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. IN WITNESS THEREOF, the parties have signed this agreement, effective on the date indicated below. Whatcom County By Pete Kremen, Executive Date Approved as to f Wha c unty Prosecutor STATE OF WASHINGTON ) ) ss County of Whatcom ) On this _ day of , 2007, before me personally appeared PETE KREMER to me known to be the 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: 3 254 City of Bellinciham APPROVED by me this APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON. ) ss COUNTY OF WHATCOM ) day of 12007. Mayor Tim Douglas CERTIFY that I know or have satisfactory evidence that Tim Douglas, Mayor, signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED SIGNATURE OF NOTARY PUBLIC TITLE MY APPOINTMENT EXPIRES 4 255 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-148 CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to. - Originator: Jae Fuller IV8106 is 3 �� �� MAR 0 6 2007 WHATCOM COUNTY COUNCIL Finance/Council Division Head: .JY! n1 R`' t Dept. Head: WS 2 Prosecutor: Purchasin lBud et: Executive: TITLE OF DOCUMENT: Agreement between the Health Dept. and Washington State University. ATTACHMENTS: Contract Info Sheet Memo to Executive 2 Originals of Contract Agreement SEPA review required? ( ) Yes ( X ) 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.) This is a contract to provide substance abuse prevention services. The Strengthening Families Program is a "Best Practice" substance abuse prevention program for families with youth ages 10-14. The amendment increases the funding amount and provides one (1) additional series of the 7-week "Strengthening Families Program." 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.wlhatcom.wa.hhs/cohrhhcil. HL-010107-WSU—sFP2 256 WHATCOM COUNTY Health Department 509 Girard Street Bellingham, WA 9822E MEMORANDUM TO: Pete Kremen, County Executive FROM: Regina A. Delahunt, Director RE: WSU Contract Amendment #2 HL_010107 WSU_SFP2 DATE: February 27, 2007 Regina A. Delahunt, Director R E C E I V E ur" MAR 0 2 2007 ME P UNTTY EXXECU IVE Enclosed are two (2) originals of a contract amendment for substance abuse prevention between the Whatcom County Health Department and Washington State University for your review and signature. ■ Background and Purpose This is a contract to provide substance abuse prevention services. The Strengthening Families Program is a "Best Practice" substance abuse prevention program for families with youth ages 10- 14. The program provides parent, youth, and family education in each of its seven sessions. During the program parents and youth meet separately for one hour and then meet together as a family for one hour. Skills are taught to both youth and parents that have been found to be effective in reducing risk factors related to substance abuse by youth. ■ Funding Amount and Source This contract is funded through a state/federal grant from DSHSIDASA, and funds are included in our current budget. Original Contract resulted from RFP #05-24. The term of the contract is July 1, 2005 through June 30, 2007. Council approval is required because total amended amounts are greater than $10,000. ■ Differences from Previous Contract The amendment increases the funding amount and provides one (1) additional series of the 7-week "Strengthening Families Program." The additional series will target eight to ten families. Original contract resulted from RFP #05-24. Original contract amount: $15,000 Amendment #1: $10,000 Amendment #2: $3,000 Total compensation billable to Whatcom County is $28,000 Please contact Janet Davis at extension 32009, if you have any questions or concerns regarding the terms of this amendment. Encl. HL 010107 WSU SFP2 257 Whatcom County Contract No. Cost Center Object Code WHATCOM COUNTY CONTRACT INFORMATION SHEET OZ685,5/ e:� a,p Approved by Originaft Department: Whatcom County Health Department Contact Person: Janet Davis Contractor's Name: Washington State University- Cooperative Extension Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes No xx Yes xx No If an Amendment, previous number(s): 200510008-1 Is this a renewal? Yes No xx 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 memo. 25 000 Any amendment that provides either a 10% increase in amount or more than $10, 000, This Amendment Amount: whichever is greater, must also go to Council and will need an agenda bill and $3,000 supporting memo. If less than these thresholds, just submit to Executive with Total.Amended Amount: supporting memo for approval. 28 000 Scope of Services This action amends an original professional services agreement with Washington State Universityfor the best practice substance abuse prevention program "Strengthening Families Program. " The original contract resulted from RFP #05- 24, with a contract term of July 1, 2005 — June 30, 2007. Nature of Contract Amt.- (Check one) Fixed Amount xx Not to Exceed _ Open Ended Term of Contract: 7101105- 6130107 Expiration Date: 6130107 Renewal Option Yes X No Last Renewal Expires: Special Dates or clauses that require calendaring: Contract Routing Steps & Sivnoff.- /sign or initiall (indicate date transmitted 1. Prepared by: JPF Date 121812006 [electronic] 2. Attorney reviewed: _rjw Date_12112106 [electronic] 3. AS Finance reviewed: bbennett Date _12120106 [electronic] 4. Corrections made: _jdavis Date electronic] hard copy printed 5. Attorney signof. . TgXN, Z Date 12 � 6. Contractor signed: ✓ Date 7. Submitted to Exec Office ✓ Date 3--7 -e -pummary via electronic; hardcopies] 8. Reviewed by DCA Date 9. Council approved (if necessary) Dale 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 258 CCWMCT®R ORIGINAL WHATCOM COUNTY HEALTH DEPARTMENT CONTRACT AMENDMENT Whatcom County # 200510008 , WHATCOM COUNTY PARTIES: AMENDMENT NUMBER: 2 , CONTRACT NO. Whatcom County CONTRACT PERIODS: Whatcom County Courthouse Original: 07/01/05 -- 06/30/07 311 Grand Avenue Bellingham, WA 98225 AND CONTRACTOR: Washington State University Office of Grant & Research Development Room 423 Neill Hall P.O. Box 643140 Pullman, WA 99164-3140 THE CONTRACT IDENTIFIED HEREIN, INCLUDING ANY PREVIOUS AMENDMENTS THERETO, IS HEREBY AMENDED AS SET FORTH IN THE DESCRIPTION OF THE AMENDMENT BELOW BY MUTUAL CONSENT OF ALL PARTIES HERETO DESCRIPTION OF AMENDMENT: Amendment effective January 1, 2007. 1. Amend to provide one (1) additional series of the 7-week "Strengthening Families Program." The additional series will target eight to ten families. Original contract resulted from RFP #05- 24. 2. This agreement is funded by a federal grant program. The CFDA number of the program is 93.959. 3. Increase the contract amount by $3,000. Total compensation for the entire contract term (July 1, 2005 — June 30, 2007) billable to Whatcom County is $28,000. All other terms remain the same. 259 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND ANY PREVIOUS AMENDMENTS THERETO REMAIN IN FULL FORCE AND EFFECT. ALL PARTIES IDENTIFIED AS AFFECTED BY THIS AMENDMENT HEREBY ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THIS AMENDMENT. Signature is required below. APPROVAL AS TO PROGRAM: D OZ a Ja et Davis, Community Health Manager I Date DEPARTMENT HEAD APPROVAL: Re in . Delahunt, WCHD Director bate APPROVAL AS TO FORM: Civ FOR THE TRACTOR: Daniel Nordgaist, D' actor STATE OF WASHINGTON) ti:hi•i-sr�a� ) COUNTY OF 1' ) , Prosecuting Attorney `"r& A 7 Date Date On this ,,2 1 s-4 day of re Jlrutzn.,, , 2007 before me personally appeared to me known to be the bi rco. c r, CRC kl�) and who executed the above instrument and who acknowle ged to me the act of signing and sealing thereof. ec,_ ru � . L1 a/ ,4 7 r NOTARY BLIC in an for c°� IRC11 , the State of Washington Residing at F,eHingtram:T)u, 11 fin prrWq My Commission expires:�1rGo7 FOR WHATCOM COUNTY: Pete Kremen Date County Executive STATE OF WASHINGTON) COUNTY OF WHATCOM ) On this day of , 20 , before me personally appeared Pete Kremen, to me known to be the 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 Commission expires: 260 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2007-149 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: 3113107 Division Head: () Dept Head. A/ d 7 Prosecutor: Purchasing/Budg et: 1J Executive: TITLE OF DOCUMENT.- Interlocal Agreement between Whatcom County and Snohomish County ATTACHMENTS: Memo, Information Sheet, Interlocal Agreement SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) 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 h: explaining the intent of the action.) Request authorization for the Executive to enter into an Interlocal Agreement with Snohomish Countyfor 20 jail beds per day, up to a maximum consideration of $202,720. 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.wha1comw&.us1counci1. 261 WHATCOM COUNTY Jail Administration 401 Grand Ave. Bellingham, WA 98225 MEMORANDUM TO: Pete Kremen, County Executive FROM: Bill Elfo, Sheriff RE: Interlocal Agreement between Whatcom County and Snohomish County for Jail Beds DATE: March 6, 2007 Bill Elfo Sherif Wendy Jones Chief of Correction, Enclosed are two (2) originals of an Interlocal Agreement between Whatcom County and Snohomish County for jail beds. ■ Background and Purpose This Agreement allows for Whatcom County to use at least twenty beds per day at the Snohomish County Jail to assist with overcrowding in the Whatcom County Jail. ■ Funding Amount and Source Funding for this agreement was approved in the 2007 budget. ■ Differences from Previous Contract This Agreement reduces the minimum beds per day from thirty to twenty and limits the maximum consideration to $202,720. Encl. 262 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. 02 b y --7 U v 0 o `7 Originating Department. Jail Contact Person: Karen Walker Contractor's Name: I Snohomish County Corrections 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 ContractAmount: (sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $ 202.720 approval and a supporting memo. Any amendment that provides either a 10% increase in amount or more than $10, 000, whichever is This Amendment Amount: $ 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 Interlocal Agreement with Snohomish County for 20 jail beds per day, up to a maximum consideration of $202, 720. Nature of Contract Amt. (Check one) Fixed Amount Not to Exceed _ Open Ended _ Ex iration Date: 0.3oloj Last Renewal Expires: Term of Contract: to mo /3 fk.5, Renewal Option- Yes No Special Dates or clauses that require calendaring.- Contract Routinz Steps & Siknoff fshm or initial7 findicate date transmitted 1. Prepared by: Date [electronic] 2. Attorney reviewed: Date • [electronic] 3. AS Finance reviewed. Date L d electronic] 4. Corrections made: Date [electronic] hard copy printed 5. Attorney signof . Date 6. Contractor signed: Date 7. Submitted to Exec Office Date 3 - & - o -7 (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 263 Interlocal Jail Services Agreement between Whatcom County and Snohomish County THIS INTERLOCAL AGREEMENT ("Agreement") is between Whatcom County, a legal subdivision of the State of Washington and Snohomish County, a legal subdivision of the State of Washington. This Agreement is made in accordance with the lnterlocal Cooperation Act (RCW Chapter 39.34). In consideration of the promises, payments, covenants and agreements contained in this Agreement, the parties agree as follows: 1. Definitions: Unless the context clearly shows another usage is intended, the following terms shall have these meanings in this Agreement. 1.1 "Jail" means a Snohomish County operated facility primarily. designed, staffed, and used for the housing of adults charged or convicted of a criminal offense; for the punishment, correction, and rehabilitation of offenders charged or convicted of a criminal offense; or for confinement during a criminal investigation or for civil detention to enforce a court order. Upon the date of the execution of this Agreement, Jail includes the Snohomish County Jail and the detention facility at Indian Ridge. 1.2 "Booking" means the process in which a person's personal data is recorded, a person's identity is confirmed, charges against the person are entered into the Snohomish County inmate management system, medical screening is conducted, and the legal basis to hold the person is established. 1.3 "Accepted" means that a person who is presented for Booking has met the minimum criteria necessary for Snohomish County to complete Booking and Booking has been completed. 1.4 "Whatcom County Inmate" means a person Accepted by the Jail because the person has been arrested, caused to be arrested, or detained by Whatcom County. 1.5 "County Inmate" means any inmate in Jail that is not a Whatcom County Inmate. 1.6 "Offender Day" means each calendar day that a person is a Whatcom County Inmate, including the first and last days. 1.7 "Force Majeure" means war, civil unrest, and any natural event outside of the party's reasonable control, including fire, storm, flood, earthquake or other act of nature. 1.8 "Extraordinary Medical Care" means any extraordinary medical costs or pharmaceuticals not inclusive of the 'per diem rate or assumed in the jail budget, and transportation and security costs associated with provision of the medical care. 1.9 "Director' means the Director of the Snohomish County Department of Corrections or his or her designee. 264 2. Jail and Health Services 2.1 Snohomish County shall Accept Whatcom County Inmates for confinement in the Jail, except as provided in Sections 2.2, 2.4, 2.5, 3, 4.4, and 5 of this Agreement: Snohomish County shall furnish to Whatcom County Inmates all routine Jail medical, dental and other health care services required to be provided pursuant to federal or state law. 2.2 Whatcom County Jail shall complete the necessary County forms when placing Whatcom County Inmates into the Jail. Booking will not be effective until Whatcom County has delivered copies of all Whatcom County Inmate records pertaining to the inmate's incarceration by Whatcom County or its agent, including a copy or summary of each inmate's medical records held by Whatcom County or its agent. Whatcom County Inmates may be rejected by Snohomish County for placement where Booking indicates injury, disease, or mental illness beyond the ability of the Jail to treat, or where the condition presents a danger of harm to the Whatcom County Inmate or to County Inmates, as determined by Snohomish County. 2.3 Whatcom County will reimburse Snohomish County for the costs of Extraordinary Medical Care incurred by Whatcom County Inmates. However, major medical treatment that is not a life -threatening emergency must be authorized in advance by Whatcom County. 2.4 Whatcom County agrees that Whatcom County shall screen potential Whatcom County Inmates by the Washington Association of Sheriffs and Police Chiefs (WAASPC) objective jail classification instrument, and only persons who are rated as a minimum or medium risk shall be Booked in the Jail. 2.5 Due to operational concerns, no female inmates will be accepted as Whatcom County - Inmates except with the express written consent of the Director. 2.6 Whatcom County Inmates shall be subject to the disciplinary authority of Snohomish County Inmates except with the express written consent of the Director. 2.7 When requested to do so by Snohomish County, Whatcom County shall remove any Whatcom County Inmate within twenty-four (24) hours. 3. Number of Whatcom County Inmates to be Housed in Jail 3.1 Whatcom County will pay monthly for 20 Jail beds per day regardless of whether there are sufficient Whatcom County Inmates to fill those beds until maximum consideration is exhausted. 3.2 Whatcom County can use up to 30 Jail beds on any given day during the term of this Agreement without the prior written consent of Snohomish County. Whatcom County will not use more than 30 beds on any given day during the term of this Agreement without the prior written consent of Snohomish County. 3.3 If the number of Whatcom County Inmates exceeds 30 on any given day, Snohomish County may refuse to accept Whatcom County Inmates until such time as the number of Whatcom County Inmates is reduced below 30. 265 3.4 In the event the population in the jail reaches physical capacity, as determined in the sole discretion of Snohomish County, Snohomish County may notify Whatcom County and require Whatcom County to remove some or all Whatcom County. Inmates from the Jail. Snohomish County will give Whatcom County no less than 14 days notice if this is required. 4. Compensation 4.1 Whatcom County will pay Snohomish County $1,160 per day for the 20 Jail Beds referenced in section 3.1 above regardless of whether those beds are used by Whatcom County Inmates 4.2 For Jail Beds used by Whatcom County Inmates in excess of 20, Whatcom County will pay Snohomish County fifty-eight (58) dollars per day per bed used. 4.3 The maximum compensation due from Whatcom County shall be two hundred two thousand seven hundred twenty dollars ($202,720) over the term of the contract. 5. Billing 5.1 Snohomish County shall transmit billings to Whatcom County monthly. Within forty- five (45) days after receipt, Whatcom County shall pay the full amount billed. if Whatcom County fails to pay a billing with 45-days of receipt, Snohomish County will notify Whatcom County of its failure to pay and Whatcom County shall have ten (10) days to cure nonpayment. In the event Whatcom County fails to cure its nonpayment, Whatcom County shall be in material breach of this agreement and Snohomish County will no longer be expected to house Whatcom County Inmates at the Jail, and, at Snohomish County's request, Whatcom County will remove Whatcom County Inmates already housed in the Jail within thirty (30) days. Thereafter, Snohomish County, at its sole discretion, may accept no further Whatcom County Inmates until all outstanding bills are paid. 5.2 Snohomish County may charge an interest rate equal to the interest rate on the monthly County investment earnings on any, billing amount not paid by Whatcom County within forty-five (45) days of receipt of the billing. 5.3 Each party may examine the other's books and records to verify charges. If an examination reveals an improper charge, the next billing statement will be adjusted appropriately. 6. Term: This Agreement shall become effective January 1, 2007, regardless of the date of signature, and shall continue through June 30, 2007, unless terminated earlier under the provisions set forth herein. This Agreement shall supersede all previous contracts and agreements between the parties relating to the Jail and jail services. 7. Termination: Either party may terminate this Agreement, without cause, upon sixty (60) days written notice to the other party. .: 8. Indemnification 8.1 Snohomish County shall indemnify and hold harmless Whatcom County and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent action or omission of Snohomish County, its officers, agents, and employees, or any of them related to the services provided under this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against Whatcom County, Snohomish County shall defend the same as its sole cost and expense; provided, that, Whatcom County retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against Whatcom County and its officers, agents, and employees, or any of them, or jointly against Whatcom County and Snohomish County and their respective officers, agents, and employees, or any of them, Snohomish County shall satisfy the same. 8.2 Whatcom County shall indemnify and hold harmless Snohomish County and its officers, agents, and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of Whatcom County, its officers, agents, and employees, or any of them related to the services provided under this agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against Snohomish County, Whatcom County shall defend the same at its sole cost and expense; provided that Snohomish County retains the right to participate in said suit if any principle of governmental or public laws is involved; and if final judgment be rendered against Snohomish County, and its officers, agents, and employees, or any of them, or jointly against Snohomish County and Whatcom County and their respective officers, agents, and employees or any of them, Whatcom County shall satisfy the same. 8.3 In the event of the concurrent negligence of the parties, Snohomish County's and Whatcom County's obligation hereunder shall apply to the percentage of fault attributable to Snohomish County and Whatcom County or Snohomish County's and Whatcom County's agents, employees or officials. 8.4 The terms of Section 8 "Indemnification" shall survive the termination or expiration of the Agreement. 9. General Provisions 9.1 Transportation: Unless otherwise agreed, Whatcom County shall be responsible for the delivery and pickup of Whatcom County Inmates. 9.2 Release: Unless otherwise agreed to in writing by the Director, all Whatcom County Inmates will be released to the custody of Whatcom County and returned to Whatcom County prior to their final release from custody. 9.3 Severability: If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby. 267 9.4 Remedies: No waiver of any right under this Agreement shall be effective unless made in writing by the authorized representative of the party to be bound thereby. Failure to insist upon full performance of any one or several occasions does not .constitute consent to or waiver of any later non-performance nor does payment of a billing or continued performance after notice of a deficiency in performance constitute 9.5 Entire Agreement: This Agreement represents the entire understanding of the parties -and supersedes any oral representations that are inconsistent with or modify its terms and conditions. 9.6 Modifications: All provisions of this Agreement may be modified and amended with the mutual written consent of the parties hereto. 9.7 Force Maieure: In the event either party's performance of any of the provisions of this Agreement become impossible due to Force Majeure, that party will be excused from performing such obligations until such time as the Force Majeure event has ended -and all facilities and operations have been repaired and/or restored. 9.8 Contact Person: Each party shall notify the other of its coordinator who is responsible for administering its responsibilities under this agreement. 9.9 Termination Due to Unavailability of Funds: The payment of money by Whatcom County under any provisions hereto is contingent upon the availability of funds appropriated to pay the sum pursuant to this Agreement. In the event funding for this Agreement becomes unavailable, withdrawn, reduced, insufficient, or limited in any way, Whatcom County shall have the right to terminate this Agreement without penalty and without the sixty (60) day notice period, except for services already provided. Whatcom County shall compensate Snohomish County for offenders housed by Snohomish County after notice of such termination in the same manner and at the same rates as if this agreement had not been terminated until Whatcom County retakes its offenders. 9.10 Notices: Except as otherwise provided in this Agreement, any notice required to be provided under the terms of this Agreement, shall be delivered by certified mail, return receipt requested or by personal service to the following person: For Whatcom County: Wendy Jones, Chief of Corrections Whatcom County Jail 401 Grand Avenue Bellingham, WA 98225 For Snohomish Countv: Steve Thompson, Director Snohomish County Corrections Or Designee 3000 Rockefeller Ave MS 509 Everett, WA 98201 9.11 Council Approval: Snohomish County's obligations under this Agreement are subject to official County Council approval. 9.12 Filing: Pursuant to Chapter 39.34 RCW, a copy of this Agreement as fully executed shall be filed by Snohomish County with the Snohomish County Auditor and by Whatcom County with the Whatcom County Auditor. Snohomish County Snohomish County Executive Date Approved as to form: Snohomish County Deputy Prosecuting Attorney Date Whatcom County Whatcom County Executive Date Approved as to form: Whatcom County IzIlcuting Attorney Date 269 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-150 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: � � Z Z„/ 7y 07 3113107 Finance K. Christensen ro 7 -= Division Head: Z f �! 3/13/07 Council K. Christensen l+%.. 6- Dept. Head.F. 3 Abart fa C fa 7 'r `1 O u L�r Prosecutor., 0 D. Gibson �rV HATCO:vi COUNTY Purchasing/Budget: Bb� 261 7 B. Bennett COUNCIL Executive: P. Kremen TITLE OF DOCUMENT. Amendment #2 to Professional Services Agreement for Geneva Area Stormwater Retrofits and Cable Street Reconstruction ATTACHMENTS: Memo Contract Amendment and Exhibits 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.) This amendment provides for an increase in project scope including construction inspection, engineering oversight, additional design, and permitting costs by Wilson Engineering, LLC, for the Cable Street Reconstruction project. 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. 270 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM TO: The Honorable Pete Kremen, County Executive, and The Honorable Whatcom County Council STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225-4052 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whatcomcoun tv. us RECEIVED MAR 0 2 2007 COUNTPETEY ERE Cu I E FROM: Kirk N. Christensen, PE, Stormwater Manager �iiv RE: Amendment #2 to Professional Services Agreement between Whatcom County and Wilson Engineering, LLC, for Geneva Area Stormwater Retrofits and Cable Street Reconstruction (CRP 999022) DATE: February 26, 2007 ■ Requested Action Enclosed are two (2) originals of Amendment #2 to the Geneva Area Stormwater Retrofits and Cable Street Reconstruction professional services agreement between Wilson Engineering and Whatcom County Public Works for your review and signature. This amendment provides for an increase in the contract amount by an additional $150,639.00 bringing the amended contract total to $445,404.00. ■ Background and Purpose We have requested that Wilson Engineering do more work during the construction phase than was originally envisioned including inspection (due to limited County staff) and engineering oversight. In an effort to address a wide range of public comments on the road closure, detours, and stormwater treatment methods, Wilson will spend significantly more time on plans, specifications, and in communicating with the public than originally budgeted. This amendment provides for an increase in project scope including construction inspection, engineering oversight, additional design, and permitting costs by Wilson Engineering for the Cagle Street Reconstruction project. ■ Funding Amount and Source Funding for this project was approved as part of the 2007 Annual Construction Program and Six -year Transportation Improvement Program, and there are sufficient funds available to cover this amendment. Please contact me at extension 50209 if you have any questions regarding the terms of this agreement. rs Attachments 271 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. J_ Ori inatin Department: Public Works--Stormwater Contact Person: Kirk N. Christensen, Stormwater Manager Contractor's Name: Wilson Engineering, LLC Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes _ No X Yes —X No If an Amendment, previous number(s): 200511012-1 is this a renewal? Yes _ No —X Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is more amt and any prior amendments) than $35,000, please submit an Agenda Bill for Council approval and a $ 294, 765 supporting memo. Any amendment that provides either a 10% increase in This Amendment Amount: amount or more than $10,000, whichever is greater, must also go to Council $ 150,639 and will need an agenda bill and supporting memo. if less than these _ thresholds, just submit to Executive with supporting memo for approval. Total Amended Amount: $ 445, 404 Scope of Services This amendment provides for an increase in project scope including construction inspection, engineering oversight, additional design, and permitting costs by Wilson Engineering for the Cable Street Reconstruction project (CRP 999022). Nature of Contract Amt: (Check one) Fixed Amount Not to Exceed X Open Ended_ Term of Contract. Ex iration Date: 11115107 Renewal Option Yes. No Last Renewal Expires: Special Dates or clauses that require calendaring: Contract Routing Steps & Signoff.• [sign or initiall [indicate date transmitted) 1. Prepared by: Remy Stratton Date 2/22/07 [electronic] 2. Attorney reviewed: _Daniel L. Gibson Date 02/26/07 [electronic] 3. AS -Finance reviewed. _bbenneft Date_2126107 felectronic] 4. Corrections made: Date !electronic] hard copy printed 5. Attorney signoff-_Daniel L. Gibson Date 02126/07 6. Contractor signed. Date a 7. Submitted to Exec Office ! Date o 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 272 NAL - Whatcom County Contract No. AMENDMENT NO.2 CONTRACT FOR SERVICES AGREEMENT Geneva Area Stormwater Retrofits and Cable Street Reconstruction CRP 999022 Revision to Scope of Services Wilson Engineering. LLC , hereinafter called "Contractor", and Whatcom County, hereinafter referred to as "County", agree and contract as set forth in this Agreement, including: WITNESSETH: WHEREAS, the Contractor was selected in 2005 for this project through a competitive selection process from the County's Professional Services Roster; and WHEREAS, the County has entered into an agreement with the Contractor effective November 23, 2005, to prepare plans, specifications, and estimates for Geneva area stormwater retrofits and Cable Street reconstruction, including data compilation and construction support services; and WHEREAS, on September 15, 2006, the Council approved Amendment 91 to increase the scope of work with additional design services providing additional professional time in addressing concerns on the Wall Street block in the project area, as well as construction observation and inspection services of the Geneva Stormwater Retrofit project; and WHEREAS, the budget of the scope of work for the original agreement and Amendment #1 was $294,765.00; and WHEREAS, the purpose of this amendment is to increase the project scope to include construction inspection, engineering oversight, and additional design and permitting costs by Wilson Engineering, LLC, for the Cable Street Reconstruction project; WHEREAS, the original contract expiration date is November 15, 2007, and shall be extended to May 15, 2008, to complete the additional items added under this second amendment; NOW, THEREFORE, County and Contractor agree to modify the Agreement as follows: 1. SCOPE OF CONTRACTOR'S SERVICES The Scope of Contractor's Services is amended to expand the scope of work for the Geneva Area Stormwater Retrofits and Cable Street Reconstruction to include construction Inspection, engineering oversight, additional design, and permitting costs as described in Exhibit A, attached hereto and incorporated herein by reference. The tasks outlined in the attached exhibit are In addition to, and not in replacement of the tasks previously adopted under the original contract language and Amendment #1. An additional $150,639.00 will be added to this contract for compensation of the increased scope of work as indicated in this amendment. 2. PERFORMANCE As consideration for the services provided by the Contractor, the County agrees to reimburse the Contractor for services rendered under this amendment, together with the previously -designated work, at a total sum not to exceed FOUR HUNDRED FORTY-FIVE THOUSAND, FOUR HUNDRED FOUR AND 00/100 DOLLARS ($445,404.00). 3. TERMINATION DATE The term of this agreement shall be extended by six months from November 15, 2007, to a new termination date of May 15, 2008. Amendment #2-Contract for Services Agreement 273 Geneva Stormwater Retrofit and Cable Street ReconstructionNVilsonEngr -1- This Amendment shall be made part of W.C. Contract No. 200511012 and 200511012-1 by and between Whatcom County and Wilson Engineering, LLC. Unless otherwise specifically stated herein, all other terms and conditions of the original agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement this day of , 2007. CONTRACTOR: Wilson Engineering, LLC � �. HA &Y Margar urtis, PE, Managing Member �,,,,,,��4 p�WN d' STATE OF WASHiNGTON ) P� l / / ) ss. � OF.. COUNTY OF, ���,c/�(d.f Go ti—� ) On thisp2�""day of N �.- , 2007, before me personally e d Margaret i s, to me known to be the Managing Member-ofWilson Engineering, LLC, and who ut the above in umentand who acknowledged to me the act of signing and sealing thereof. ;U IC in nd tat of Washington, residin t o iss res // W 3 a WHATCOM COUNTY: Recommended for Approval: wz; �' 2 rank M. Abart Date Public Works Director Approved s to form: a ie Dat Senior Civil Deputy Prosecuting Attorney Approved: Accepted for Whatcom County: Bv: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ss COUNTY OF WHATCOM On this day of , 2007, 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 Amendment #2-Contract for Services Agreement Geneva Stormwater Retrofit and Cable Street ReconstructionlWilson Engr -2- 274 Exhibit A Amendment No. 2 to Wilson Engineering, LLC Contract No. 200511012 Increased Scope of Work All work will be performed on a time and materials basis at the personnel and equipment rates of the original contract. The attached Exhibit B (1-page spreadsheet) demonstrates the basis for the not -to -exceed estimate of services covered by Amendment No. 2. Phase 3 - Cable Street Reconstruction Phase 3-B: Cable Street Reconstruction - Additional Permit Assistance Additional or new required work not included in the original contract: 1. Obtain Biological Assessment Letter of No Effect from sub -consultant, Nahkeeta Northwest, as required by Corps of Engineers; 2. Additional engineering time required to address Department of Ecology questions re: outfall replacement; and 3. More preparation for and attendance at public meetings, and more follow-up responses to public comments than originally anticipated. Phase 3-C: Cable Street Reconstruction - Additional services required to complete final design, and provide bidding assistance Additional or new required work not included in original contract: 1. Second round of final design coordination with utility purveyors for protection and adjustment (after preliminary design); 2. Analyze traffic counts for detours and equivalent axle loads (new traffic information was not available for final design from other consultants due to weather delays); 3. Extensive analysis of construction detour variations to allay public concerns; 4. More detailed traffic control plan required due to neighborhood concerns; 5. Assist County with additional post -public -meeting coordination of WTA, Schools, Firs, Fire District, mail, garbage, and semi truck route details to allay public concerns on these topics 6. Delete new geotechnicai borings and substitute review and summary of available geotechnical records from the project area; 7. Additional work required for more intensive Stormwater Pollution Prevention Plan using new Department of Ecology 80-page template; 8. More extensive right-of-way and easement acquisition involvement by Consultant than anticipated; 9. Structural design of new necessary retaining walls by sub -consultant Geiger Engineering, Inc. sub -consultant; and 10. More extensive engineering interaction with potential bidders due to complex schedule and detour requirements. Amendment No. 2 Exhibit A Page 1 275 Phase 3-D: Construction Phase for Cable Street Reconstruction Additional or new required work not included in original contract: 1. Increase to full-time resident construction observation by Consultant instead of County staff; 2. More extensive construction phase engineering and field questions anticipated due to impacts of detours on neighborhoods and traffic flow; 3. More extensive construction phase engineering and field questions for underground utility adjustments (water, storm, gas); 4. More extensive construction phase engineering and field questions relative to property owner notices, schedules, and surface restoration; and 5. More extensive construction phase engineering and field questions relative to potential classification and quantification of rock encountered in excavations. 6. New construction phase services for structural sub -consultant Geiger Engineers, Inc. to review retaining wall submittals and perform structural inspection. 7. Videotape Cable Street and detour routes (at bid time and prior to construction start to prevent or resolve potential restoration conflicts between construction contractor and property owners. Phase 3 Completion Date — Midnoints Revised: Bid -ready plans complete by February 20, 2007 Contract award ready documents and right-of-way acquisition by March 27, 2007 Complete construction by November 15, 2007 (no change) Amendment No. 2 Exhibit A Page 2 276 AMENDMENT NO.2 Contract No. 220511012 INCREASE IN FEE ESTIMATE FOR INCREASED AND CHANGED WORK Scope of Work Description Original Amendment No. Revised Phase 2 for Phase Phase Total Estimate Cable Street Reconstruction Phase 3-13: $10,804 $4,528 $15,332 Permit Assistance - additional services Phase 3-C : $60,527 $45,338 $105,865 Final Design - additional services Phase 3-1): $27,994 $100,773 $128,767 Construction Phase -- inspection by Consultant instead of County staff, and anticipated additional construction phase engineering for traffic detours, utility field conflict adjustments, and Wall Street bioinfiltration swale construction. Total Amendment No. 2 $150,639 -- :'r Lv •:.:ii -.y*_. ur Yf-- +ara ,rJ:. - .. - .- .._ .+r,:.. .,, _._...:.. - - .. , r: ,._.:_ _...-:-..^;.:-._ - -..r., - ... .. ram.,+...;:.: .+...,. .....: ..: ,..: �.r. ql„ - ,... .:-.i... •:.. r:: Original Total Contract Amount for $247,220 all phases Total Net Increase to Contract with $47,545 Amendment No. 1 to Phases 2-C and 2-D Total Net Increase to Contract with $150,639 . Amendment No. 2 to Phases 3B, 3C, 31) Total Revised Contract Amount $445,404 through Amendment No. 2 Amendment No. 2 Exhibit A Page 3 277 N O r 0 O N t Vm 6 Z w r� iWV u1 IIAAI� ,� � M M N N N N N N (b N 46 N N N N N N N N N CD c m r :Y je' o �b ; a� F 44 1![ Q 13 M N 4w tF C N y!t F co ca a cL pp S lil tl1 Lid 5 F�Lip a{� 20 cE x U 2 t I a Sx`e �C M 278 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-153 CLEARANCES Initial Date Date Received in Council Office A ends Date Assigned to: Originator. 2/15/07 I i 3/13/07 - „ Finance/Coup Division Head: MAR 0 6 7007 WHATCOM COUNTY Dept. Head. Prosecutor Z/67 Purchasin a get 2/15/07 Executive., " TITLE OF DOC MENT: Setting a hearing to declare property surplus ATTACHMENTS: Resolution describing a two bedroom house and other personal property to be declared surplus SEPA review required? ( ) Yes ( x) NO Should Clerk schedule a hearing ? ( X ) Yes ( } 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 RC W or WCC as appropriate. Be clear in explaining the intent of the action.) The described personal property 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 declare the property surplus and make said property available to sell by public auction. 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. ii 279 SPONSORED BY: PROPOSED BY: DATE INTRODUCED: RESOLUTION NO. A 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 WHEREAS, the two bedroom and two bath house, detached garage, and related appliances and personal property located at 2158 South Nugent Road, Lummi Island, WA 98262, is now and has been the property of Whatcom County; and WHEREAS, the County Purchasing Agent has determined that it is in the best interest of the County to sell such property; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that a public hearing on the matter of the sale of such property be held on the , 2007 at or as soon thereafter as is possible, in the Whatcom County Council Chambers at 311 Grand Avenue, Bellingham, Washington, for the purpose of admitting testimony for and against the propriety of selling such property; and BE IT FURTHER RESOLVED that the Clerk of the County Council is directed to give notice of such hearing in the manner prescribed by law. APPROVED this day of .2007. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair ATTEST: Dana Brown -Davis, Council Clerk ;APP R ED AS TO FOR: i Deputy Prosecu ing Attorney WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART DIRECTOR MEMORANDUM TO: Pete Kremen, County Executive FROM: Frank M. Abart, Directo0-- RE: Status of Embrey House and Related RFP DATE: February 27, 2007 ..E.1L•LI K.J. (Ken) Richardson, Ferry Manager CIVIC CENTER 322 N. Commercial Street, Suite 110 Bellingham, WA 98225-4042 Telephone: (360) 676-6876 FAX: (360) 738-2468 www. whatcomcount +�.us RECEIVED FEB 2 7 2007 PETS KREMEN COUNTY EXECUTIVE In accordance with your request, the status of the property known as the Embrey House, and the Request For Proposal (RFP) associated with the use of the property has been reviewed. Public Works has determined that the house is of no value to'the Ferry System or the- Road Fund. At the present time, the Property Management Committee has again recommended that the house be sold at auction to the highest bidder and removed from the property. A recommendation was sent to Finance to prepare a Resolution for action by County Council. The events leading to this point are: • As part of the August 1" 2005 agreement to acquire the Carlile Property (see Tab A) the County agreed to conduct an RFP process to determine interest and receive proposals for a "Public Use" of the building. Two (2) responses were received, one from the Island Grange that was not a response to the RFP, but a suggestion for use of the house, and a second response on November 22nd 2005 from the Lummi Island Community Land Trust (LICLT). (See Tab B) • The request from the Grange was passed on to the Sheriff as it concerned the use of the house by a Deputy and that possibility was discussed and the rejected due to the cost and needs of the County. The Grange later (See Tab C) recommended that the house be removed and the area used for additional parking. • Between November of 2005 and April of 2006'a series of meetings and email exchanges took place between Public Works, and the LICLT. Some of this discussion centered on the legal -requirements for use of the property, but most was based on the financial 1:1FERRYIRFP - Embry House ManagementWemo to Executive Embrey House Status v1.0 2-23-07.doe 281 projections and the requirements for "lease waiver" by the County. It was explained several times that in order for the value of services provided to off -set lease requirements, that the services would have to be both services that the County could provide, and that were needed. In any case it was noted that with the exception of Ferry services, the Road Fund was not allowed to provide any of the services proposed. (See Email examples Tab D) • On June 20th 2006 a letter was sent by Public Works to the LICLT.(See Tab E) stating that Public Works did not agree with the most current financial analysis presented by the LICLT, and was prepared to recommend termination of the RFP process. The letter further states that if there is more information the LICLT wishes to submit it would be gladly accepted. By January of 2007 no further information had been submitted, and the process of disposal of the property was reinitiated by Public Works. The reason for rejection of the LICTL proposal was the financial analysis did not provide for a scenario that would be "at no cost to the County". There were a variety of issues including the distribution of costs; the determination of what would be useful in determining any lease. waiver, and the funding of improvements required for a public use. Other issues included the concept of rent allowance for property management, and the use of the house for "Road" purposes, such as a ferry waiting area. (It has since been decided that the ferry system does not need to use any portion of the building) While it is still possible to reinitiate an RFP process, unless another Fund is willing to take over the property, as there is no perceived use by the Road Fund, this would not seem to be a productive exercise. I.•1FERRYIRFP - Embry House Management\Memo to Executive Embrey House Status vl .D 2-23-47.doc 282 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 - 138 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Brenner 3/5/2007 3/13/2007 Public Works Com Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT: Discussion re: Ordinance 2006-056, which amended WC on -site sewage regulations ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) 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.) COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #: Related File Numbers: 2006-354 Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: wwsv.co.whatcoin.wa.usleouncil. 283 March 1, 2007 Barbara Brenner Whatcom County Council Member Bellingham, WA Dear Barbara, I am requesting to speak at your next meeting of the Whatcom County Council. My interest is in the new septic system inspection as assigned in Chapter 24.05 WCC that becomes effective on April 2, 2007. This new requirement has in my opinion not been thought though enough to allow for inspections of septic systems of different types. There are probably way more systems out there than I could address, but the one that I have is designed to work without problems for well over 20 years. My system is the Glendon BioFilter. The design of this system is so unique that no other septic system on the market even gets close to its efficiency. The system is designed to become a landscaping asset. Ross Excavating, Inc. and James Ross installed my system on 6/10/02. The system is designed to handle 360 gallons per day of sewage. This system is a small sewer plant that operates to convert sewage into clean water, which is disposed of thru evaporation and the surrounding ground. The system is designed to operate without any daily maintenance while processing sewage into clean water. The system has five major components: The septic tank; the pump tank; the control panel; the BioFilter and the ground surrounding the BioFilter. The heart of the system is the control panel, which monitors all aspects of the sewage cleaning process. The filter in the 1 S` tank of the system keeps all solid waste from ever leaving that tank. The Glendon BioFilter design ensures that no solid waste is sent to the BioFilter. This allows the BioFilter to do its job of cleaning the wastewater. There is a metering pump that sends the wastewater to the BioFilter. This is controlled by the control panel and uses sensors to make sure that the water is sent to the BioFilter in just the right quantities so as to not overwork the system. If there is ever a high water condition due to a leak in the house, an alarm will sound when this condition is detected. The Glendon BioFilter is the only system certified by the Washington State Department of Health that meets Treatment Standard 1 without disinfection. The only recommended maintenance is to open up the septic tank outlet filter and wash it off with a water hose annually. The septic tank should be opened and inspected every three years for solids and pumped if necessary. Both of these inspections are owner authorized. There is no justification for having a third party come and inspect the Glendon BioFilter annually. I cannot speak to the other designs, but this system is in fact the best system in Washington or any other state for that matter. Therefore I am petitioning to have these systems only have to be inspected every 3 years — if you must at all. Respectfully, Jerry G. Ward (31512007) Dana Brown -Davis rBrenner septic -ordinance concern From: <BBGUN10100aol.com> To: Date: 3/1/2007 3:33 PM Subject: Brenner septic ordinance concern I spoke to a resident who does not believe the county has the authority to require a property owner to allow a private individual on his/her property to do inspections. He believes if the county is requiring the inspections, it is the county's responsibility to do them. He believes it is not legal for the county to require ongoing private inspections. I am not a lawyer but there does seem to be some problem in requiring property owners to have ongoing private inspections. I am not sure who represents the health department these days in addition to the council's legal representative. I would appreciate a written response from the appropriate attorney. I do understand that we require private work on property before a permit is approved but the county does the inspections. I can't think of any time when we insist on private parties to do inspections except maybe in the case of deputized private parties such as animal control. Thank you for your assistance in this matter. Barbara Brenner, Whatcom County Council Member <BR><BR><BR>**************************************<BR> AOL now offers free email to everyone. Find out more about what's free from AOL at http://www.aol.com. , 285 .31512007 Dana Brown -Da._.__.,-- .-..-.....--P_.- _u !. L .- .. - } - - _— Y - - ern -- - - Page 1 ws - Septic Ins ection Conc - _ From: "Jerry Ward" To: <bbrenner@co.whatcom.wa.us> Date: 3/1/2007 7:18 PM Subject: Septic Inspection Concern Attachments: Barbara B. Ltr.doc Dear Barbara, I enjoyed speaking to you the other day. Thank you so much for taking the time to call me and talk to me about my concern over the annual inspection requirement of our septic system. I have attached the letter you ask me to write and asking permission to speak at your next meeting. Let me know if it is correctly written. I would be glad to present any kind of presentation on the Glendon BioFilter if you think that would help. I truly appreciate your taking the time to give me the opportunity to speak to the other members of the Whatcom County Council. Say hello to your Pilot Husband from one pilot to another. Sincerely, Jerry Ward :: WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-090 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Mail Aamot 1112107 i� r= � �� f� i C� /1 fC; ' _- 1� _ •7 V ;lam__ _� 1/30/07 Introduction Division Head.- Linda Peterson 2/13/07 P&D/Council Dept.Head•HalHart 1 Q 41 !� k-N 2 3 t001 2/27/2007 Various Committ 3/13/2007 Various committe Prosecutor: Royce Buckingham l A }� �t + (� A 1� �q 11 J 116rt �1`'S.FCOM COUI -r Purchasin /Bud ei N C COUNCIL Executive: Pete Kre I? I -T 3 �7 TITLE OF DOCUMENT. Docket of proposed amendments to the Whatcom County Comprehensive Plan and associated amendments to the Zoning Ordinance that are to be considered far initiation this year. ATTACHMENTS: 1. Proposed Resolution Initiating Comprehensive Plan and Zoning Amendments Note: Background materials are available or review at Me Couittv Council office- SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( xt ) NO Requested Date: SEPA will be completed on those amendments initialed by the Council prior to final Council action. SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Under the Growth Management Act, the County Council is to consider amendments to the Comprehensive Plan no more frequently than once per year (with certain exceptions). Additionally, Whatcom County Code 20.10.060 indicates that Comprehensive Plan amendments are to be "initiated" for further review by a majority vote of the County Council (an application that is submitted by a city is automatically initiated). Planning and Development Services is forwarding the proposed amendments so that the Council can determine which docketed items to initiate for further review. COMMITTEE ACTION.• COUNCIL ACTION.• 2/13/2007: Nat. Res. - G & E recommended for 1/30/2007: Introduced docketing P & D. -- C approved for docketing N failed 2/27/2007: Nat. Res. L H, J & Q recommended for docketing Nat. Res. - I & K failed Public Works - D, F & 0 recommend docketing 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 website at. www.co.whatcom.wa.us/councik 287 Comprehensive Plan Docket, 1/12/07 Sponsored by: ConHetit Proposed by: Planning Introduction date: 1 / 30 / 2 00 7 RESOLUTION NO. INITIATING COMPREHENSIVE PLAN AND ZONING AMENDMENTS WHEREAS, the Growth Management Act (RCW 36.70A.130) requires that the County Council may consider amendments to the Whatcom County Comprehensive Plan no more frequently than once per year (with certain exceptions); and WHEREAS, the provisions of WCC 20.10.060 indicate that Comprehensive Plan amendments are to be "initiated" for review by approval of a resolution by the County Council; and WHEREAS, the Whatcom County Planning and Development Services Department has forwarded a docket of proposed Comprehensive Plan amendments, along with associated zoning amendments, to the County Council for consideration; NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby initiates for formal review the amendments shown on attached Exhibit A. n7JZ91TAam1, M ATTEST day of Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Cl /osecutor 9111yj WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair WQ EXHIBIT A DOCKET OF 2007 COMPREHENSIVE PLAN AND ZONING AMENDMENTS ti C) C) N CN r ti C) C) N a� Y U 0 c m Q O_ O U U) O O_ O Q CN E.L.., O �? 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Q- 0 -R M E -�e u) 0 > I— M a) cn -r- .— E ,k CD (n 0 -CL x r- LL tu F- " m 0 0 a) CL w co — — > Z- CL cn — (D CL 0 CO 0 cio r_ (D C,4 W tm E w= =:r— FCL r 0020=0-0 (D :3 a 4-. 0 (D r- 0 w cn 0 r- > 'r W0 a (D L Cl) 0 � (D (D > N .0 (D u, E -r- L) (D 0 C (D .a (D (ND Z ID - E cL m 2.2 E cL a) 0 :, co(n E E 0 a) 0 < a@ m L) co PRO RF (Rural Forestry) CF (Commercial Forestry � AG A r culture) °x CF (Commercial Forestry ze RF (Rural For Docket #2007-H Saxon Rd.- Agriculture to Rural Forestry Docket #2007-H Parcel Current Zoning Boundary R5A Current Zoning/Comprehensive Plan Designations (Rural) January12, 2007 UEE OF WHATCDH COUETYI CIE DATA IMPUMTHE UEEII'6 AYEEEMEHT WMI THE FOLLOWIItp$TATEMEWP d TOU7 MUMImCe 192Clelrs//np grreltlT if rnoe 19bIIEfornm/h! OI Men of IAIE n/p for /rq pu11WI/r p/rpml, etlEer r3pRm or u r7 'ss �}h FS' •• InPCed, He rmree/rHMI//wnmrelT l/ntl/mm/rAhpl /R. vunoq wwphhrsu orqualET olNV deplded en lhl/nep. s•. UTtlwrol lAlimpaummilr/rpmrlNllhlerup lh/ryef, /etl ,4P ...f .;] :, ver• IerIber/Heal/MH Vfkdmm C/m!TIgrmlin Irom/e7 ip/Iml of �Dp�',llA4w ao tlem/. km ar Iliallfh nMno lrom m y ne of Nds mm. 0 250 500 1,000 1,500 2,000 Feet ( ri ul�ure) .. i..••••.••. I- •r•••.•• •• • ••.r.••.• 25IL- .•..... Q• ........ 7T ••• too •..•.. . .1..••..•. 'y �I - to .. ••T, • ~ - - • b•ie• •611••. � . irew� - �`���f f•tj eids u l 31 32 - �,s�,f I !- AG A r c u It re Docket #2007-1 Agriculture to Everson UGA z), Docket #2007-1 Parcel �■� Current Zoning Boundary City of Everson Everson UGA RSA Current Zoning/Comprehensive Plan Designations (Rural) January 12, 2007 USE OF WHATCOId LOHVY'S GIB DATA IMPUE3 THE UBEB'S ASHEEMEIIT WMI THE IFULOWIN. STATEMERT: A aoI 7WY dl Mea m ryese, emu nil lse orWhaamG Implied, Ho repfelaldall/e W1OR/nlf lsmtla msa/Mdeplh/ttedh eC}, amrse 0001 trreuergveSHT eldal. d.pldodmlels Anlosei el@is mr Eler.ol, wp umm.9 all rerpmslW111T uu And trde.raSrles tQkid WhelCeM CourdTearmlealr.mdedapeladany o' �/^ � :,�•, d.mme.1mL Cr llsellll/ edtled lam /m um el leis mm, 0 375 750 1,500 2,250 31000 Feet 296 ram_ 21 r ,4 Docket #2007-J Agriculture to Lynden UGA Docket #2007-J Parcel Current Zoning Boundary City of Lynden R5A Current Zoning/Comprehensive Plan Designations (Rural) 4 iUM 22 (Agricultore) January 12, 2007 IISE OF WHATCOM COUNTY'S CIS DATA IMPUCS TILE 11PEH'S ADHEEMEDT WITH THE FOLLOMAID STATEMEIIT: Whaxaul GW$TMWalrsl enp aranunry al moeNotah1I or nryilT y6 SWl �► p� of meets of Vllt Ina, ator 4DtkaluPtrdme, enter IKPMU or Implied, DtraprnlaleDaedrlramelTltmadewaumhrDlhretC6F . �7?�f'�'b acT,cmnorF wooplehTxtu of QueftlT al dole dep[eledmlhlt map. map orrr of 1p�Fs uyp aaLawe dl ruupmYMl1!(Icruce llunel, iod �1 NFr' . .':f -' . lorthn aCrre to bWd V[Wcem Couu1F Ilempltm IMIn aad aputaM MI daauw� Ion. cr llatrum oft" lmm a ar me of lhk Mo. a•r`_°"..- 0 250 500 1,000 1,500 2,000 Feet R1 oA (Rural) F ' MRL t �d. 5 RF Rural Forestry) 18 17 i CF i U. 0 (Rural) (Co ercial m For ry) U. J 19 / 20 Docket #2007-K January 12, 2007 Paradise Valley Rd, - Rural Forestry to R10A FzIj Docket #2007-K Parcel �*■*� Current Zoning Boundary USE 9FWRATCOM000NTY'S016DATA IMPUESTNEUSE R'S ABREEMENTWITH THE Fpt10WIN6 STATEMENT: �r �r�wy �4pst RSA Current Zoning/Comprehensive Plan Designations WealaamCssNptlldetmgsrryypRpitlTelmercNalahlsrypgrvtmeq sTRlomC."O maplgnrryvadlwltrperpgse,eNheeapmµgr Implled. Ho mpraµelatleq or ransrdp to raids weesudov the µwr (Rural) ap, mmecr, completeness grgeallli oldah dgIdedgq this map. 1A1�1rTour 11LISmaP ssahmas ell re ohtlHlltYlsrow Wraal,'I'd Wdher avnu 10 held WhatLom Caudy hasmlen (rem and agaleat rap �"- damegs. leµ. or SahIIM arlsloo Irem my use it this me. ., 0 200 400 800 1,200 1,500 Feet iqw Docket #2007-L Bellingham UGA Study Area Docket #2007-L Parcels Current Zoning Boundary City of Bellingham RSA Current Zoning/Comprehensive Plan Designations (Rural) January 12, 2007 USE UFWIUIECUM CGUKN'RGIB DATA IMPUES7IIE USER'S AGREEMlENTWrili THE FULLUPURU SEAEEMW. 1URakeal COIWTdIatl■Ima alq renrd} of le■mhnda611Rparramdy al m■en dtAle map for rm Pallael■r adrp■re, eSAer r' dr lalprlad. Negwprer■N""ll ar109114Ir m91 ad■ wewmlop 1!r xwr ■a�ire■f Rls etlupp ayemuuelj"aelpeadtllllp I Data Unndi, aid M. a%!Id Goldrihatoem Ceielf Innelrra Inel udapelm!enf daao■e. Iwt 9r II■61rRr aNde■lrem nn uw ■1 rhlr nu■. 0 7501,500 3,000 4,500 rY •. 6,000 �� Feet 299 boom — Elm Birch' Bay' M wm� u ra Docket #2007-M Cherry Point - Industrial to Residential i Docket #2007-M Parcels Current Zoning Boundary R5A Current Zoning/Comprehensive Plan Designations (Rural) 18 January 12, 2007 ATENEpTHE USER'S 1,�aaoey, � AGREEMENT WITlcd FOOL WINO AHHEFIIEHT WITH THE FOLLOPREB 9dATEMEHI: d' 2007 Yilotmn Ce:o�ty dllnalml alry •ine�af maclulhlLlllry of rama7 df meek 111h1a 1pr v?fi.� - map IMF palHidar Pllpml, eClmr moo. 0 nr InPlled. Rh ItpRllatlGhn pLnmLlPlL madl maelminH tha L.' 1,q 1 r� 9aq, vmeeeT epmplEeian II gwl11F p1 dala deANrd m Ihh map. 991rell is map nvimn all 111ppatlhlHh larpn aunf,a" mllhnagnesip hold Whatwm Cpaap!l halmlenfmm nod again/1 my '-•e s+`' dlmaas.Iple.a111aplllhwWjwjnoo mmpl lmsmle. 0 5001,000 2,000 3,000 4,000 Feet Docket #2007-N January 12, 2007 E. Pole Rd. - Residential to General Commercial J� Docket #2007-N Parcel Current Zoning Boundary WE OF WHATCOM COUWrS CIS pATA MIMES THE USER'S �4 Opy afalalY� ASREEMEIr T117HE FOCUOSMSTATEMEWR � V ri �L 70O7 18hatoom LmdT dladtlma ahypmMy al lnmehaeleilllaanmdT dmeemafhfs R5A Current Zoning/Comprehensive Plan Designations map loe aappptiadu porpase, eOlry opRu ar ;fie*a fi„jet.; Imp11tl. RB roprmanleOen o<.mradTlt maeu BdeeWWrq the aamh -r d, C r. ,sue 1VyLl;3, (Rural) aaT, ndro.t� wmpld*n*aaorpellry ddah deplded em tW.map. UT B"r oflhk ma es*emae aO rarpomlWlllT for Bm Mond, aed loser Built* le Bola Wh::W OBeelp harWam from Bad apded my daIns-ar llahllpr wWrA lromem m• of lWama0. nno. 0 305 610 1,220 1,830 2,440 Feet WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2006 - 309 CLEARANCES Initial Date Date Received in Council Office A ends Date Assigned to: Originator; 7/18/2006 8/8/2006 P & D Commitlee Division Head: 11/14/2006 Special Meet Dept. Head: 12/05/2006 P & D Prosecutor: 1/30/2007 P & D Purchasin /Bud et: 2/27/2007' P & D P & D Executive: 3 / 13 / 200 7 TITLE OF DOCUMENT: Discussion regarding Bellingham's Urban Fringe Subarea Plan ATTACHMENTS: SEPA review required? ( ) Yes { ) NO Should Clerk schedule a hearing ? ( ) Yes ( } NO SEPA review completed? { ) 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 tite intent of the action.) Discussion Regarding Bellingham's Urban Fringe Subarea Plan COMMITTEE ACTION. • COUNCIL ACTION.• 8/08/06: Discussed in Committee. 11/14/2006: Special Work Session Recommendations will came to the County Council from the Planning Commission in the future. 1/30/2007: Discussed. Held in Committee for two weeks Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available far viewing and printing on the Coun 's website at. www.co.whatcom.wa.us/counci1. ig 302 WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES 5280 Northwest Drive Bellingham, WA 98226 MEMORANDUM Hal H. Hart, A.I.C.P. Director F I 1 6 N07 TO: Whatcom County Council -Planning Committee 1rjT +_ '� 1 3 �` fy q ) r 'AAA FROM: Hal Hart, A.I.C.P., Directo�� i� Linda Peterson, A.I.C.P., o Range Planning Division Manager Troy Holbrook, Lead Planner DATE: February 16, 2007 RE: February 27, 2007 Council Planning Committee Meeting - Bellingham Subarea Plan Update On February 27, 2007, the Council Planning Committee will be reviewing the Urban Growth Area (UGA) zoning recommendations from the City of Bellingham and Whatcom County as part of the Bellingham Subarea Plan Update. A matrix containing the differing zoning recommendations between the City of Bellingham, Whatcom County Planning Commission, and the Whatcom County Planning staff is included to assist in the side -by -side comparison of each of the recommendations. Maps of all areas of Bellingham's UGA containing each zoning recommendation are also attached. At the last Planning Committee meeting on January 30'h, a discussion of the Land Supply Analysis and the use of the terms "safety" and "market" factors occurred. These terms have been used interchangeably to account for uncertainties in future market conditions, individual choices on property development, or any other unanticipated issues resulting in land not being immediately available for development. Also, the "land availability factor" in the Land Supply Analysis has sometimes been referred to as a "market factor". ❑ "Safety factor' is the term that has been used in the Land Supply Methodology utilized by the City of Bellingham and Whatcom County. ❑ "Land Availability Factor', applied only within the city limits in the Land Supply Analysis, is the term referring to the 15% historical under -building in the city where the zoning does not include minimum density requirements, and some neighborhoods have built out at suburban densities. ❑ The term "market factor' has been referenced in Growth Management Hearings Board cases, and other documents and comments submitted during the Subarea Update. For consistency, Whatcom County planning staff recommends use of the terms "safety factor" and "land availability factor' in the context of the Land Supply Analysis. To avoid confusion, the term "market factor" will not be utilized in this process. Office (360) 676-6907 County (360) 380-8110 FAX (360) 738-2493 303 The final sizing of Bellingham's UGA is partially determined by the recommended zoning of the current UGA. The intent of this meeting is to review the UGA zoning recommendation under the scope of the Land Supply Analysis. Following the adoption of any new zoning within the current UGA, those determinations will influence the overall population capacity of the Bellingham Subarea. The next steps after the UGA zoning determinations will be reviewing the Land Use Policies of the Subarea Plan, and a final determination of the sizing of the UGA. Office (360) 676-6907 County (360) 380-8110 FAX (360) 738-2493 304 ti O O N ti N L 7 L LL m = N a 0 D H 00-0 N Vf N W N C N W3 N CO rW _ _ C= M3 «X':ac — t .Q _ 7 O�"cm O : ._W ON _ (D.2 — m 3. Q cu ' 0Utl N.J (D E N'a 2. N C Ca cu r0Ow [QW 'y UCDm i IV �_-, C1 f0 NW m Oy X� N W m mU! 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W n m a m Ks 307 CITY OF BELLINGHAM'S FINAL UGA ZONING RECOMMENDATION UR3 -If� �✓ 1,URK \�V UR3,,,>, .. r 4 All MAP #9 MCAIPIhiE R6 �{ �� � SHORELINE INDUSTRIAL �PLANNING AREA March 13th, 2006 - 4URIIIIK o `.� �L- -Z `� o� LII WC Fire— ,,i.�-_-I ! f I * - Disi q8'- ig 11 \ ` ` Stat. k I.- -- `� 2 Lehigh NW 5= --- Cement Co_ rLll -=ROS- ROS / Bellingham Bay 1: 22.0. 2. 61 s' 3 43.1 4 I 5 _5T 2.0 _ 4. 61 -63 - 17.0' _ _7 �SF ^ 24 88 Totals 234 IRS Legend: Proposed Zoning Bndy ■ City Limits *� Urban Growth Area 0 400 800 N Feet Public Public �r�U gv—f`Te lunch Technical j� R1 Mr Coaege�I— fv l+�� RM IRS, I` q r, RS T %r HII ,r IND r IND HII: HI �. 0? 0 0' 0 Hit HII 0, 0� 0,; 0 HII Hit: 0! 0� 0: 0 LII' LI1= 0 0 0 , 0 NG NC 0- 0, 0. 6 ol 0 11R6 61 7,260 5T - -4� 9f— 60 51 9 9 60 CITY OF BELLINGHAM'S FINAL UGA ZONING RECOMMENDATION t „ oil .o,• • L_3 �71I��C ,�� tw • �S � ��+ s�' 1 „'. a 1-.: m?S,i. r n • 1: ali:9•' v te:�a +Co- •�-r: x�7 a ' � .l f ;: K � t '�`v:.: 3`' • t'� r•.�r� �r+l p _ _ • t _ [^L' ���• r � u � •`'i -, F - � �y5 7� Ynr� -_' i -� t �o1 �j' 1y s Jw 3, t P lR r ��'"� ` -.r. t' �,�, ���,.�•- �1 _ ti t-. aS� a— `-En.•-::a�;r��� f�-s��t' � ,-�..:>sS�,:.� d � �`� f .f =1 at771 . Totals 353 1 103 309 CITY OF BELLINGHAM'S FINAL UGA ZONING RECOMMENDATION N R5A _WC Fire- Distat. W S L #3 9 Ul Ulf I II RR1 MAP #3: AIRPORTIGATEWAY/CURTIS RD. PLANNING AREA March 13th, 20061 AO i L11 f. re X A rn I 'WC Fire Bellingham 1. Sta�L #4 Inte ational A0, I % 4 Airporf r . I q Legend: ors Proposed Zoning Bndy City Limits Urban Growth Area 0 1.000 2,000 URMX N Feet W u EaGM. V>- Community -College 4— zl_�tm" T7i fl C Fire' V Dist: #8 I Statr #21 > L I G1 2 - !, r —6AO 41- 3 UR3 Li a-11 T. �LRM18 5 It __u M18 ER A� 4--' MITF n u AO --Alderw URM00 d Elernerlt.ly UR314Shool �Birchw j --_4 Nlemei S I chool 3- A Nst t tat. ffil, -HIl 901 W-571 A0j AO! W. 01 0 i 0 1 3 200-3'! 1 i Llf 12: 0 —12, G 3 0 13 18: 2,4 488 51 493 61 0.21 AOT 31 14,5201 1 L11:1 1 0: 0 5 Llf; 3 0 0 3' 200.1. 1: 110 186.21 L11, L11: Totals 1,775 509 5 5 514 CITY OF BELLINGHAM'S FINAL UGA ZONING RECOMMENDATION C MAP #4: 1 r - R5A= INTERSTATEINORTHWEST RD. PLANNING AREA GMarch 13th 2006 I 4L- I - 15 Legend: Proposed Zoning Bndy - �� City -�IUNE RD Limits Urban Growth Area - ----.{ GC - - -- 1� _ Y i .._.I '� — i 0 600 1.200 II r — Feel L LII i - , i 3 Ir 1 1 - - --� -� ,�� R5111A LII z9� ti I til QO f� HCRTON RD (ROW) ! —_f WIL S Ut Church + O VAN WYCK _R_DLO_ 1 - —. .-.---- ' �,1'f t Jl r�1gy ]x v . Bellingham G International ' ;J Airport' ' 4 I 'WC Fire ' !Stat. #4 � { I Il t f 55-9- GC; GC! 9i 0! 0!. 9 -- - - --34 - - �_-__.__-_. _.._._.. -- -. . --- - - - - ---- 568.3 Lll..._..-.-_.-----__-..__ L. 28' Oi 0'' 28 Totals 659 37 0 0 37 CITY OF BELLINGHAM'S FINAL UGA ZONING RECOMMENDATION �`-�' �, MAP #5: NORTHWESTIALDRICH RESIDENTIAL PLANNING AREA Match 13th, 2006 ii W114C J- r R5A Church i VA WYCK RD (ROVV) —T LII 2 -4 ----URM)( STUART RD (ROW) A- 0EAUM T DR ' 0: RD RRAPEE Ld, Z. LIJ! V JUNE RD (ROW) - --------- URIVIX IND Legend: Proposed Zoning Bndy City Limits - - - Urban Growth Area 0 400 800 N Feet W HORTON: T: 0 -- ;Q;;� lr?�- a 4 < Bellingham School District land for future elementary school. RM" 3 URMX Ir JUNE RD (ROW) ---q\ RM 11 1, 1900 URMXI URMXI 6-10i I'll- 8[ lb§. U_R1UX URMX 6-101 72604356 4] 55, 68' 116! 123 31 120-9 URMXI 6 - 10!, 7260-4356, 21 87 1451 Totals 421 87 223 376 310 CITY OF BELLINGHAM'S FINAL UGA ZONING RECOMMENDATION MAP #6: R5A NORTH MERIDIAN INDUSTRIAL PLANNING AREA ------- Z IF < ----o T" - --- -- FE L- -.-- RD J- L11 KLINE RD (ROW) IND W U)j: z WALDRON RD F), < IND W1 H 0 LOt " RD 7.17--- WE Legend: Proposed Zoning Bndy ■ City Limits Urban Growth Area 0 300 600 N Feel NE R5A I z N ,ir , O ttt i IIS8' 1 0A V 166.7 Lill 1 121 0! — , CITY OF BELLINGHAM'S FINAL UGA ZONING RECOMMENDATION I i MAP #7: KING MOUNTAIN RESIDENTIAL PLANNING AREA March 13th, 2006 VAN W CK_ R + Legend: r r - Proposed Zoning 8ndy City Limits RR2 - Urban Growth Area i 0 400 800 R5A i A -- — � Feet 36 The 22 New units i j inducted in the table Bellingham School i 3A 3C are on these 2 parcels. District land for future elementary school. j Utility Service Contract allows 63 residential units (not -- included in table).' RM Future Water I—�— I Reservoir p Existing 2.. .� Water. Reservoirs — L UR6 I + V. MOrITGOMEF Y RD j RM Church LLr r--�— i.7URMX— ——3._ -- I I I (6 -10) �� �__ l!- -� ---URM24---- E , — Fz- j I li i �~ III ryry�rr W Church —r--1 — URMX �i! + BAKERY RD + l� LRT IWC Fire I ;h.i --71�`�`.. Ca ❑ S URM24 slatr' !' j RSIRM .# Z _ r♦ nr. 11 64.71 URMX URM-18 2,420 01 25 25 25 2! 150.6i URMX! URMX' 6 - 101 7260 - 43561 85 95 1621 180 2AJ 80.61 URNIXI UR6 61 7.2601 66 72 72 138 3AJ 2.51 URMXJ ROS I 1 0 0 0 0 3B 1-91 RR2j ROS 1 0 0 0 0 3C 2.4 R5A ROS 0 0 0 0 Totals 303 151 192 259 343 314 CITY OF BELLINGHAM'S FINAL UGA ZONING RECOMMENDATION EAST BAKERVIEWIJAMESITELEGRAPHAREA 2006 �►Legend:_EMProposed ti 1City Onfts !Urban Church d A Feet N It Irnlrl� ��i V t =� ► I r — � ✓y a 1 4T1, URM24 LE BA V I �ER Wc Fir Stat. 9 ..o R S , , �A - I -. LN _ .�i�(i�i��r���3 ��r�iuM - _-. _ v . ���� iiiisi��i ■■ —fir t-`^ yr(1I1� ell 2 < �- -�,ur r r. r. � � 1,� (t t !. j I _ 4 Y _ 5��.-� 4 -_ �i�l" et�k •JLI� �� }� � yl_L� (� { f _ - i J,+' !1 c I �. �" l�S•1j L4�1 1^! •i y f c - 1 ! - ,�.f L F � 1 -1 S �i � tJ;�. S..-: r.+y ��coe `'c ��"�'�- ? � 1T'f S 1 6 T �1 F _ J �1�.�7-r^�G•_]`ll ` ( %1 p � Fi��M1r��S.. .� v 2t� � •2', r"�'(m'f �'r k r r1. F�`j�t} c �,3 o�r1Tr [ c 1.c�-,.IF[I�. '1( [)pp 6'L. -f� "Y^l F`+l�l�✓ (� �,•-_i�E 17, "c I✓, r `-,-1'�i � 4 1 ''.� r. 5T r ly�r��� t..r �� L Y f� �fr �_ Y(((-----,,,Vr/♦ - iG � d� Y �,h _. - -4 -'�; � � tr l'. 1�,.� c i 0e i �CI LT U�y�ti` i:lll�.'I .1 I l 315 CITY OF BELLINGHAM'S FINAL UGA ZONING RECOMMENDATION MAP #9: DEWEY VALLEY PLANNING AREA > March 13th, 2006 Q Legend: ED Proposed Zoning 8ndy R5A g City Limits I N D Urban Growth Area 0 400 800 L N Feet i�OSS RD IND 3 LU L 7-,Lauf' Z - < Ll RM X 3 UR6 41�kn— L E-BAKEf -7MX\ ) OF 3 -L1R LIRM URMX\ A uto Wrecking PIT IND IRS r:� < Ll DNR Land 42 to 84 potential units r under 6-121acre zoning Northern Heights Elementary School 3 L URMX PUBLIC j-4'N I 1"-URM, M R DNR Land A 2) Squalicum 25 to 49 potential units V High School under 6-12/ar-xre zoning --T1 111i Mimi -.1-W- E- CLEOD RD I N PUBLIC S 0 P R Vi 1 J !9 a n 4' ; 01 2 68.31 UR41 UR6 61 7,2601 131 471 47 60 48.01 UR41 URMX 6-121 7260-36301 61 1221 2481 128 4 59.1i URMX URMX 6 -121 7260-36301 181 34 i 71 i 52 Totals 195 41 203 366_ 244 1 316 CITY OF BELLINGHAM'S FINAL UGA ZONING RECOMMENDATION 317 z 0 z Lu 0 w w 0 z E 0 0 z LIL 0 z LU in LL 0 It - _10 THK V r i --I 4VIU All � tr) Wl 1 C3113 1 crtn , will !F IK Ro g." p vil 7 AW x V \I- C 7 Ni L - ran'.A TA01, V -6, At �Y ji. tip. X\ N 1-4MO AV f4 1 m V�, .31N3 7 EnLL. , Alvi vzt4vk09 ... ........ ..... ... 0 ucl o �q LOWOM CITY OF BELLINGHAM'S'FINAL UGA ZONING RECOMMENDATION MAP #13: SAN JUAN EAST RESIDENTIAL PLANNING AREA March 13th. 2008 11 _RS RS City Limits .URMX ° J/ a / Hatched area: an .range above L 12 undslacre mustprovide for an Urban Village M _J 3 RF EL Designation 4 RF WAY EE I j I URMX � UR6 ROS U R4 6-12-On-ifslAcre r 1 i � I These areas to be -� URMX removed from UGA 6-16 nits/Acre d j L ;w _ 2 o W` off c RF Legend: f+ Proposed Zoning 8ndy !f! r ■ city Limits 1 rf a Urban Growth Area URMX a r 0 400 BOU Feet 1 39.3 UR4 URMX 6 - 12 7,260 - 3,630 18 46 91 64 21 9.0 RR21 URMX 1 6-101 7.260 - 4,3561 241 661 110 90 31 66-01 RR21 UR6 1 61 7.2601 01 741 74 74 Totals 204 42 186 275 228 CITY OF BELLINGHAM'S FINAL UGA ZONING RECOMMENDATION MAP #15: RF SAMISH CREST RESIDENTIAL PLANNING AREA March 13th 2006 Legend: . i J�A. U RM�C EMProposed Zoning Bndy ►� �� rv- 'ROS Ir J f Jf ■ .� City Limits 0 L a U Rb - ■+ Urban Growth Area ;� ! 1 U kim a aaa aoo Fuel N -_ 6-12 Units/Acre 71 ` __ _ — r ' •� — `� ' JII r �� 2 �1 1!3 _ `'' URM---X� l r 6-12 Units/Acre " I =�--- cascade Fjl �'I _ II ROS i UR6 Radio Group 4 �1 I l pLhtER RD V—i C 0 ` ��.�, I f RS ! Future Connections `5`. ito San Juan Blvd.,--__...__.0 pc R6- `� -E— i �\_rWC Fire o 40th Street. i : — Dist. #10�+ a � o� I i c9 a, TLC Q } mClw«s T { {.- - -- - ------L� P �w—i.�1� Q y � i { �� -` r5y�U1►3_ki1�1=5-RR r , 'URMX ~ 11 127.0 RR2 6-121 7.260 - 3,630 124 96 196 220 21 46-01 RR2 URMX 1 6-121 7,260 - 3.630 14 48 99 621 31 174,01 UR41 UR6 1 61 7.260 661 154 154 220 Totals 347 204 298 449 5Q2 322 CITY OF BELLINGHAM'S FINAL UGA ZONING RECOMMENDATION 323 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING. REC OMMENDATION-DEC EMBER 14, 2006 U R3 URMX ,t / /x nY W—ALPfNE RD MAP #1: SHORELINE INDUSTRIAL PLANNING AREA URM U R3� ,'` ` - / 4 4r 9�ti� �/i `. IRS WC Fire N i—� —, MUM —? � I S ' Feet NC; - I 3 :f ti Hii I, - - -- i HII �--. Lehigh NW Cement Co. /4 6 _ham -=ROS- PublicROS Public Sd(i Sham `-11RM.= CoUege JX IND , 4' w: kO�a�o4 Bellingham Bay �F IND �e Legend: Proposed Zoning Bndy ■ City Limits ■+ Urban Growth Area a aao aw y 1 4 -;'.V' Y i�" rF;l:i [ t• n7 f ! [�! E" a£.. - �• 'L I K is y, ".� I �l Y��{11.,'r��;✓� �.� Y-c ys l }4�'.JiE �-"���'�.ri'-'`,+7 ��_ �F u 11 j�";` F `�• s�f`dsl Vyr r3a.. �3.Q _ �f. JJ r.�� 1 - - �- ]•- -'4`If 1.Y .A,r:•t�is- K' '4i. :,.a�S: t'!t ''���r�r•ei�1::1l�Icr:�;i Z:l 1 1 1 1 + 1 1 1 1 1 01 + 1 + 1 1 + 1 1 + ROS + 1 1 1 17 •• ROS + + + 1 .1 324 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION=DECEMBER 14, 2006 325 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION-DECEMBER 14,2006 _T GC It l G L Ll 1 10 A Wa te fl -Rese;vour % Legend: J— IJ - L 0 it. �ETT E A0 L11 ff Proposed Zoning Bndy City Limits N Urban Growth Area WC Fire Dist. #81 Stat. #3 9 L11 R. VM 'I .�j 7 0 1.000 2.000 Lll URMX N Feet OW A Ly communTty �Vc Fire ollege.. -Dist. #8 I rul Bellingham L Intemational I AO. Airport L ;j T --R2A- qOUNITR.� y r r=Ftvj v RD -1 L-J-YWC LA Sis. tat#2 TAM -- ------- TT-21 UR3 3 4 .1 YlIj 1 T-I I' 1 AO I R R1 -4- I T_ Uf IRM18 7 !H, ?R.,.vE Lfl—TI-L it'i P:' �_7 ? k t-�2 IL T U R3, AQ Alderv��6d ti 11 777 Elementary Q School c if Birchwood{ tat, WR Eleme ta t-;-- '3,, Ti S 001-: R; -A P j 'WC Fire P i. Dist. #8. n- A A A Stat. 91 Hil I , - W11 1 918 AO; A01 0 0 1 0 A_0_! 0 0 0 01 LW 12 01 0 12 G1. 3 0 0 3 '9 URMI 8' URM18: 18. 2,420' 488 6 61 494 3 6' 0. A61 UR3: 3; 14,520 1 0, 6 1 '7! 69 ul b 1 01 -6 8 65 L11 L11: 3 0 0 3 9 266 61 LH 0 0 0 0 10 186 L11 LEI 2 0 0 2 Totals 1,775 509 326 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION-DECEMBER 142 2006 MAP #4: --1��• INTERSTAfEINORTHWEST RD. PLANNING AREA GC �� -t---- i - - c SLAYER Legend: 1:3 Proposed Zoning Bndy i .1LINE +R ■ CityLimits RD�ROWj_ _ � �i ; —� - •++■ " Urban Growth Area `l z ,GC IL I , � I i0 600 1.200 N Feet +LDRON RD (ROW � -- ---- IV } rx R5A -2- -r-, Jr � L11 IL w AO I IHORTON RD (ROW) �S UA Church i 'x J ti p f r 5 t !_LVANWYCK Rf) �RQL—__—"---_ i tt r ' I Jr , '•. nnR Er7_STllARZ RD ROtiN�y t KI INi DRq ' -, fURMX AO I G, � � �� it I I , t J I � •� � ,'\ � �, .--- � — ��---I— 1 ii Bellingham ii International Air ortl P I , IWC Firei-�— ' , 'Dist. #8 �' I ,Scat. #4 i _ TT___ Ql1tiSN i� rv..til 2-•ai ti^t`--r El'J '� �. .F/ <� 5�-� ] ,fir r. �•j-� = s''�v*ab�.k'^. 4,Lf �'''f 7h_7` g3 i,.•' .'=1.•1_•{•rtir,S�"'T.:Wcx`F - y '•i� },rs11 Yc...41 �`•'l,�Er a �._ I i� '.4�+' ,�.] +�'°s r �{;� •'2 1 i ■ 1 1 1 1 1 1 0 0 37 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION-DECEMBER 14,2006 LII MAP #5: NORTHWESTALDRICH RESIDENTIAL PLANNING AREA R5A Church VA WYCK RD (R0111) Legend: =3Proposed Zoning Bndy N — City Limits - - - Urban Growth Area 01 400 800 N Feet W HORTON `4 _7 TROUT LA J DR I I!/2 Q Bellingham School District land for future F-URMIX-1, 7 _� i elementa school. N STUART RD (ROW %.- . I i 8FAUK1*TDR `\\ . A 01 LAR_�EE RD Z LU CD Ai. Rb LIRM X INS C 7. F r-.- a 3 URMX JUNE RD (ROW) 10�M ON R - M .01- U M,. It 2-11 I i 191URMX' URNIX! 6-1W 7260 - 4356' 30 150 12LI 5 2 109 URMX URMX� 6 - 10 7260 - 4356 55� 90, 150: 145 3. i2l' GRW. URMX: 6-M 7260-4356 114 190. Totals 421 87 294 490 381 328 a 0 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION-DECEMBER 14, 2006 MAP #fi: R5A NORTH MERIDIAN INDUSTRIAL PLANNING AREA KLINE RD (ROW) Q I KELEY F2Q j1_ LII Legend: Proposed Zoning Bndy t City Limits Urban Growth Area 0 300 600 N Feet IND 4 -R5I0 L -z; CC — WALDRON RQ p ,'~ W I ;�7 u IND W HOR O� E._ 6 1 167 LII; J 329 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION-DECEMBER 14, 2006 �_ VAN � I i The 22 New units included in the table are on these 2 parcels I RM I' URM10 RM �- Church �u�►-��. _�-----URM24-_ MAP #7: KING MOUNTAIN RESIDENTIAL PLANNING AREA I+ _ Legend; — M Proposed Zoning Bndy i w * City Limits RR2 • • Urban Growth Area R5A Feet - -- — 3B Bellingham School 3A 3C r District land for future J elementary school. Utility Service ! J� Contract allows 63� 4 ` residential units (not f — included in table).- i Future Water �� T Reservoir ExistingWater — • ,.. Reservoir; I•ITIi,� ��,I I +r� U.RMX — BAKERV _VJ!RD"—_ jWC Fire Dist. #4 I Li . i RM24 I Stat. #3 C -II MONTGOMEgY RD ! I ! 2 i I URMX �� t6 -,0y dfl '— �, t z- — — cnurcn � � f+I��-,� f ! 1 0 1 III--�11 - - j RSIRM_1?�I z I arr(5 y� 11 7ZiL �i S r"`bY� i5 riF.:_ i '" r i .Scspy 5. ,,�Cr Gi �rr-aiJ3yr. s �rc`Sv:=?m' ,[F�. .IF - i tY'�:�:1 ?r. ✓�tY Y; "'a� 1'r :� f u`.wx4 .siji3fL�^FSCa°tC t1 }y -�'�Y .k 2' �[ti 5 I 7, "....,. NAM- ti -`���u ="iS vn�•-•t Q1'3 4 `'�, a� T 4:". '\ �i• :. t .t :•0 -• -• t -s Totals 3113 151 H: WHATCOM COUNTY PLANNING COMMISSION`S FINAL UGA ZONING RECOMMENDATION-DECEMBER 14, 2006 GG IF' LLLI F RM it — RS r CI Fire - stale.1 C MAP #S: EAST BAKERVIEWIJAMESITELEGRAPH PLANNING AREA �- - R5A ° Legend: Proposed Zoning Bndy URM 9 $ existing _ I � City Limits •• � � Water - - - Urban Growth Area ---� Reservoir l 0 400 800 Chu_ rch���rrr���� 111 Feet 1 AY KE1�L-OG URMX I 1 1 URM24 R 3 URM24 -1 D_ RM U �' '__ - 4 URM24 WC Fire: #4; Stat. #3 -- TELPGM APH lee i t i I� L �i UR6 E NM L�4DI RID I m rtrt�w I� 2A URMX li U 6_10�i Church I II O '1 2 ! � URMX; - 10-24 P: f ROWAN LN RS/RM IND IND Min Units 1- 42 URM-24' 24 ; — 4356 --1815 i --.... 153 _ 367 -- 165 2 85 -URMX' - URMX URMX - . 10 - 24: 4356. 1815 ! 49' i94: - - 465j -_- -- --- 243 —59 2A - 49 U_R_MX 6-10 8 - t_ 85. 3 81 ...- ,4RMX- URM-2 � - - P ov - - - -24 24 �266 4356 - 1815 - 16' 196 :. .2� 470 2 12 4- 7 _ _ URMX _URM URM 24 24 35 - 1615 50; 22 5 - - sg I - -URMX' URM-6 - 6' 7,260 159 : 32. 32' Totals 333 245 647 1,469 892 331 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION-DECEMBER 14,2006 FJ MAP #9: L11 DEWEY VALLEY PLANNING AREA L Z I OF IND ;L IND j of Legend: _j L__ Proposed Zoning l3ndy R5A Q City Limits UrbarrGrowth Area 0 400 800 N Feel FOSS RD Rq r UR6 W 3 URMX (6-12) ONR Land 25 to 49 potential units Z under 6-121acre zoning -URMX (6---1.2)----- -3 N', 4 U R M .", I , - URMX"' ) � (6-12) (6 - 12) DNR Land 42 to 84 potential units under 6-121acre zoning PUBLIC ?04 -URMX (6 Squalicurn High School 0- J, E CLEOD RD M 0 PUBLIC ---.RS --URMX\, Auto Wrecking RSJ ,b_4il Northem Heights Elementary School E: R -M 0.4 .2,12 L11 01 0! U UR4 1 6-12 7260 - 3630j 6 160 321 4 59% URMX URMX, 6-12. 7260 - 3630:. 18; 45; 90i Totals 195 41 268 474 4 76 309 332 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION-DECEMBER 14,2006 MAP #10: BRITTON RD. RESIDENTIAL PLANNING AREA Legend: - 0 Proposed Zoning III 9 � City Limits 01 = Urban Growth Area A0 400 Boa .4 RD N�—I� _.._._�., �,. � ��-i���;-III l `i`o� �,,� y� � Feet 27: V., UR6 U x RM Auto NY&, URM --X-,\- "Q Wrecking V URIVIX Northem Heights U RMx Elementary School 12Yr_j -R@ j PUBLIC r % rw T Lab, __URMX Squall cum j ....... 1— j High School 1�0 z :LEOD RD of Church BRITTON o - P _J '141 NOT R5A T, P, -T -TT- 4 ." � N. " . . .. ­_1.I �,' , , \ - I; .., " ­4 1-Y _,2T�7 - ifram'T W. *jib -4 UR3 _J_ P, es I -S PX_-1, _4 ­4 PUBLIC fj IT \--R2A Mzk) 10 1! 292. URMX i URMX- 6 - 12 7260-36307 616;: 158'; 316 774 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION-DECEMBER 14, 2006 334 cm W (7 o o Z Z a. Q_' V to to cn� �cit. •lei .,�.: . 1�' T :. !. /'� ui i ' J -, y5`I f: � : :,.- _ - �, y1:.'. EVkuc�- C7 O O to WJ oar +c',. LU CD LU ,'r�ca.�.��'.::_"r .- ..- .f-}. '.^'J ,-. �.-,. -- .. '.tom%�.,��'�^'S•",�� _F ,fi�3 _ '' m a �•w'�j+�j((;;,,F.. ',_f't, r �.- - _ice:' ,�,'. /...r:. C. L�.� !4 �- m Iv �!sY' �0 Q '-?.' _ Z -• - -dam v5 •. zx - ;'' . '' - t'i'{�lf __;� _ ` -ii. �' • i--.•"- "� '• 0 "'I • },,: .- r r✓ l' j $7 _ r:'J.- ��-�.- •Cl�,' .�.:. �. _ir .!�: i� '� �:iL: - i 1 R1 :, _• c� �! 5 _ J• __r_ ��1- �y,�i 1. �4\ \ y'�._i co C.ya Oi ~ V i hH h� * �s 1 � �z of _) co co � '� tt - _'- �icj- +4--y G --_s" _. +r F y 4 \t �r LO NIN r M. -. �;,'��,i': _ . P-[ ; ..,..fir,:.. _� _�.��• i p�yLL-/r'q,�,„ 4J !.'. _{L�:•. 4} � c �. ,�-_-a��l• , T 7 �•�_ "',�".l.'� ''•l��`„•, Y. Wit' � �,' �P'�� I- t' i �_ � � `�q - \�\� fi I 's.'.."� ' r c ti; i��e +aG?Ql==`' :g ; ti•``�� 9 Y �:�.y .[�G ,.•--_ a �'_ i_f!3's�� i �_�a two.= -cF�..? — \ .=--Y�_. N`'--i7. ,- fl � h •�� max, ,a s :_�.�.. r�� '�.L7, a' 4 i, \. ~ �• y, .fir. a5;; >*'r�`'`- .,��� �a'•�i �',•...';�•: .J � �"+ � , I - -.._. - [V �. p. ...- i i \N r ;=a 10 L '_3' su- Y si:• to V3MO 1 - � � • :�.'\ c'f:'':sfc: s 17 :;hkj?:'i3'•u [1:i\'.•:�':�:. :`,. \\t\1 . �k�,'Z141Lt173�• ; ' :, 3''s:.ay lU 1lH_Z�/1 `�{3_G}� - �: I�7`� ' 'I.t> - �= �`:'`� . -�•. - _ ''`s,"""`Yu` - ; •'.-.. iir-: -,'.-t Y- - %' • 4.' - •. -. i �' \ ti �.:' . :.�....0 . C'7 l "Ca � � �' b'�"E31Ltr}l.: '.�' � 1" `� C , ti ��`:� ~•,` •' mil\ \ . �.. .`, � .�,'.\\ u 'rtH.`JIrl3.S�f�i111`/(�1�` BLS NINV i' AM VZOVN09 335 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION-DECEMBER 14, 2006 336 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION-DECEMBER 14, 2006 MAP #14: SAN JUAN WEST RESIDENTIAL PLANNING AREA Legend: Proposed Zoning Bndy ■ City Limits ■ Urban Growth Area 0 400 800 N Feet `,, Future Conriectlon to Elwood & 1-5 �51 11 11 uRMX- 11 11 a 1F:�r N 11 i I i r i�J 1 4 II � - i ----- _ - + Future Connection ; to 40th Street T1 11 - T, 1 os"' 3 � ,r URA.r� 3 UR144 URF4-b of . URI ROSE 0 UR4-(6 ROS~ _.-:-'UR6 RS Limits URMX Cascade Radio Group Palmer Rd 1 j!2SM Units L ,. 1 31' UR4 -- - - r 4 -- - 10.890; 108' 0 �F�- 108 2: 92 0R4 &.RR21 ROS 0 0, . 0: - - -- O. 0 14 3 _ —... 5-O ---- UR4 & RR2�... - __ - -- _ . -_UR4 _ -... - - 4: 10.890; _.... 13 ° - 73 ---- _- 73 86 4 93 UR4 & RR2 J UR 4-6 10,890-7.260 98 : 71 107: 169 Totals 266 219 180 i80 363 337 WHATCOM COUNTY PLANNING -COMMISSION'S FINAL UGA ZONING RECOMMENDATION-DECEMBER 14, 2006 MAP #15: SAMISH CREST RESIDENTIAL PLANNING AREA Legend: 17-1 Proposed Zoning Bndy . City Limits Urban Growth Area A a 400 r NFeet I Y 4-- ~" Cascade Y ROS { U R6 Radio Group J __PALLIER RD U URMX 2 1,UnitslAcre U y Z u 11 1 I II Ir 11 , i „ i �',� 1 RS ` -Future Connections �,,� to San Juan -- --- - -�, Elwood 1-5, avid `I `I 40th Street. ; „ ! C v o " I , 1 WC'Fire Dist. #10 RF U R+6 ,2)1 ] a O m C Z I ■ ■ 1 ■ 1 r��•Y J�E �� 17ej : �v r rr fc, i i:l � F ?'f � l j �5� `h, f� r 'Fp rl 1 UR•1 .1 6 7,260 661 2011 itals 347 204 251 577 338 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION-DECEMBER 14, 2006 MAP #1 6: GOVERNOR - SOUTH SAMISH RESIDENTIAL PLANNING AREA Legend: 17-1 Proposed Zoning Bndy ■ �■■� City Limits Urban Growth Area n4 400 800 N ` Feet' wJ . �— ROS XWO URMX 6-10 Units/Acre iis�t. #10 URMX RMX rLIL -URMX 6-10.Units/Acrf -- T z� -U-R4 4 *Watershed ,Protection -, %Zone�J PUBLIC R5A O O in Min U, __..._11 - 16 3 - -_ -- -- URtJU(_ _- ---6 i0! 7,260 -3,630 - 182k- - _0: _0? _ .. _..._ UR.. ---Ul1R4x- 1-- 6 - i� _ .._ 7 260 3.630 _6i 53_ 4 63. - f 10,890, i 92r .... 11 _B$,._. i1 114 Totals 277 335 110 176 445 339 PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 210 Lottie Street, Bellingham, WA 98225 Telephone: (360) 676-6982 Fax: (360) 738-7306 TTY: (360) 676-6883 Date: February 15, 2007 MEMORANDUM DISTRIBUTED T€3 FEB 2 0 2007 ALL C01-IN' !1. �-+ECNBERS U`d`LaTCONI C0-':!•N11Y COUNCIL To: Whatcom County Council From: Tim Stewart, Director, City of ling am Planning & Community Development Department RE: PLANNING FOR BELLINGHAM'S URBAN GROWTH AREA: Urban Fringe Subarea Plan Update I want to thank the Council for the opportunity to clarify the City's position regarding Bellingham's Land Supply Methodology, specifically the `safety factor', Western Washington Growth Management Hearings Board decision upholding the validity of Bellingham's 2006 Comprehensive Plan, and the City's recommendations for expanding its Urban Growth Area (UGA), and applying County zoning designations in Bellingham's UGA that reflect our community values and retain the duality of life we so enjoy. The issues I think are paramount to our discussion and which I want to address in this memorandum include the following: 1. Bellingham's Land Supply Methodology has a 17%'Safety Factor' not the 25% that has been widely reported. 2. Western Washington Growth Management Hearings Board Decision upholding Bellingham's Comprehensive Plan, with a specific Conclusion of Law that "There is no basis for finding that the City underestimated its net developable residential land by 830 acres." 3. The opportunity we have to develop and implement a Design Strategy for Bellingham and Whatcom County based upon two guiding principles that are inherent in both the City and County Comprehensive Plans: 344 the preservation and enhancement of the natural environment and the ecological processes that support it and the enhancement of our human environment by managing the future patterns of growth so that they improve, not detract from, our overall quality of life. 1. Bellingham's Land Supply Methodology - 17% `Safety Factor' On May 1, 2006, the Bellingham City Council voted to accept the City Land Supply Methodology, as revised, the City Planning Commission's Findings and Recommendations on adjustments to Bellingham's Urban Growth Area boundary and County zoning for the UGA. On May 15, the Council adopted Resolution 2006-15 and forwarded its Findings and Recommendations to the County Council for consideration in accordance with the 1997 Interlocal Agreement (as amended) between the City and Whatcom County. (The Resolution, Findings and Recommendations are attached.) Land Supply Analysis - Safety Factor At your January 30, Council Planning Committee work session, you were told that Bellingham's safety factor was 25%. That is incorrect. The City arrived at a 17% safety factor after significant analysis of the vacant land supply within the city limits, its UGA and the 5-year review areas. The justification and why we have a safety factor can be found in Part 3 of the Appendices. Exhibit F from the City's 2006 Comprehensive Plan, beginning on page 8 of the Land Supply Methodoloqv narrative. (See Exhibit F, City of Bellingham Land Supply Methodology, attached) The 17% overall Safety Factor is clearly shown on the City of Bellingham Land Supply Analysis - Summary Table (Table 13), page LU-16b of the 2006 Comprehensive Plan. As explained in the methodology narrative, the 17% overall Safety Factor is arrived at through a variable deduction (ranging from 0% to 25% across the neighborhoods, urban centers, and UGA. Determining an appropriate urban growth area is not totally a numbers game. Both the City Planning Commission and Council recommendations were adopted after well over a year of work by city staff to evaluate historic development patterns, environmental constraints and opportunities, transportation corridors and circulation patterns, utility infrastructure and public facilities needs, residential densities, affordable housing, natural features for developing a clear distinction between rural and urban areas, planning for parks, trails and open 2 345 space corridors as natural buffers between Bellingham and Ferndale, opportunities for master planning large parcels of land, employing urban design, opportunities to transfer significant development rights from Lake Whatcom Watershed, industrial, residential and commercial land supply, and consistency with the state Growth Management Act, Whatcom County Comprehensive Plan, Countywide Planning Policies and the Bellingham Comprehensive Plan. The City's recommendations reflect not only this work, but also our community values, as expressed in our 2006 Comprehensive Plan. We are certainly frustrated that, after all this work, the safety factor is beingconsidered for adjustment apparently without a similar level of objective analysis or rationale. We can find no support in the record for changing the safety factor, or any other aspect of the City's land supply methodology, and would urge that adjustments or changes not be made in an arbitrary manner. 2. Western Washington Growth Management Hearings Board Decision upholding Bellingham's Comprehensive Plan In their petition for review to the Western Washington Growth Hearings Board (Growth Board), Donna and Harold Macomber, Helen Green and Larry Horowitz, contended the City's formula for determining the amount of park land needed to serve future population growth resulted in underestimating the amount of land available for residential development by 830 acres. Decision to uphold Bellingham's Comprehensive Plan On January 31, the Growth Board issued a decision in favor of the City regarding the land use methodology used in the City's 2006 updated Comprehensive Plan and upheld the validity of the land supply methodology used in Bellingham's new comprehensive plan, specifically concluding that "There is no basis for finding that the City underestimated its net developable residential land by 830 acres." (See the Boards Final Decision, attached) The City's established level of service for parks reflects our community values as expressed in our new comprehensive plan. Our goal is to simply maintain what we have into the future. We heard loud and clear that, while the community is willing to infill and do our share to accommodate a large portion of the total county growth, we are not going to allow the level of service for parks and other public facilities and services to suffer as a result. The adopted forecast for the Bellingham urban area predicts the population will increase by 31,601 to 113,055 in 2022, an increase of roughly 39%. The adopted forecast means Ahat Bellingham must plan to accommodate over 50% of the total county growth over the next 20 years. 3 346 The 31,601 population growth forecast for Bellingham between 2002 and 2022 is reflected below: • 62% (19,610) are allocated to the Urban Centers and City Neighborhoods • 21 % (6,776) are allocated to the existing UGA • 17% (5,215) are allocated to the 5-year review areas recommended for inclusion in Bellingham's Urban Growth Area By 2022 the 113,055 forecast total population for Bellingham would be distributed as follows: • 80% (88, 870) inside the 2006 City Limits • 15% (18,970) inside the 2006 Urban Growth Area • 5% (5,215) inside the 5-Year Review Areas recommended for inclusion in Bellingham's UGA The new housing units built in Bellingham and its UGA between 2002 and 2022 are expected to be split 66% multi -family and 33% single-family. (Page LU-15 Zoos Bellingham Comprehensive Plan) Our comprehensive plan and development regulations require growth to provide the facilities and services a growing population needs to maintain the "quality of life" we currently enjoy. The City will not place the entire financial burden for financing new parks and other public facilities on existing residents, however. Having sufficient park land and trails and open space corridors to serve the projected population is a "quality of life" issue; it's a matter of policy that has been decided by the City Council. 3. The opportunity we have to develop and implement a `Design Strategy' for Bellingham and Whatcom County, based upon two guiding principles that are inherent in both the City and County Comprehensive Plans: • the preservation and enhancement of the natural environment and the ecological processes that support it, and • the enhancement of our human environment by managing the future patterns of growth so that they improve, not detract from, our overall quality of life. 4 347 While a great deal of effort, time and energy has been expended on the debate over the Land Supply Methodology, we should not forget that the outcome of successful planning is not just about data and numbers, it is about how we use our very limited resources and how we build a sustainable community for the future. Bellingham's Urban Growth Area is designed to help protect agricultural lands, resource lands and fish and wildlife habitat lands. The UGA is intended to eventually be developed for urban uses and to make the provision of public facilities and services easier and more cost effective by providing contiguous and compact urban development. These smart growth strategies will provide opportunities to enhance our urban environment while preserving and protecting our natural environment_ Some of the 5-year review areas provide a unique opportunity to "master plan" new development to address a number of city goals. The City can require these developments to purchase a significant number of Transfer of Development Rights (TDR) from the Lake Whatcom Watershed, construct utility infrastructure and link transportation systems, dedicate land for parks and schools, and provide for connections to existing trail systems. We also have an opportunity to incorporate additional land to meet the future demand for jobs. We now have an opportunity to work together to establish a "long term or ultimate City boundary" (Bellingham Comprehensive Plan, LU — 114) as we move forward with the update of the Urban Fringe Subarea Plan. Expanding on this opportunity, I would encourage you to work with the City in defining strategies to ensure a sustainable future. For example, the City is in the process of forming an interdepartmental "Green Team" to promote environmental stewardship and sustainability through building and land use practices. Coordination between our jurisdictions is paramount to ensuring well planned and sustainable growth for our future generations and we would welcome County participation. As the County Council considers its options regarding Bellingham's Urban Growth Area, I hope we can move forward in productive steps to preserve and enhance our natural environment and build a human environment that improves, rather than detracts from, the quality of life of the Bellingham-Whatcom County Community. Cc: Mayor Tim Douglas, Bellingham City Council Bellingham Planning Commission County Executive, Pete Kremen County Planning Director, Hal Hart 5 348 ALL ATTACHMENTS NOTED IN THIS MEMORANDUM ARE AVAILABLE IN THE COUNCIL OFFICE FOR REVIEW 349 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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 Committee Of The Whole February 13, 2007 Council Chair Carl Weimer called the meeting to order at 5:35 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Absent: Barbara Brenner None Dan McShane Seth Fleetwood Laurie Caskey-Schreiber L. Ward Nelson Sam Crawford 1. DISCUSSION OF EPA REPORT ON SWIFT CREEK ASBESTOS SITE (AB2007- 092) Lori Cohen, Environmental Protection Agency (EPA) Office of Environmental Cleanup Associate Director, introduced her Swift Creek team. Several agencies are involved in Swift Creek, including the federal, state, and local governments. Swift Creek is a major landslide off Sumas Mountain. People have been taking that material to use as fill or for other uses. Naturally occurring asbestos is in the material. They have a particular health concern with this area. The EPA encouraged the Corps of Engineers to not allow people to move the material off -site, due to potential health concerns. Now there is a stockpile. The EPA has characterized the material. When people do normal activities in that area, the asbestos gets into their breathing zone and can cause a potential increased risk of getting cancer. When dredging occurs, stockpile the material until the EPA can figure out a better solution for disposing of the material. They know the creek must be dredged to prevent flooding. A number of agencies are working together on this problem. The EPA, under the superfund program, has some limitations in spending superfund money for this particular kind of site, because it is naturally -occurring asbestos. They are exempt from working on naturally occurring asbestos sites, by law, except when the material is moved. That's why they were able to work in this area. 3ulie Wroble, EPA Risk Assessor, described naturally occurring asbestos. With naturally occurring asbestos (NOA), the danger is from fine airborne fibers that are breathed into the lung. A crew gathered and tested samples of the material. The concentrations range from .1 percent to 4.4 percent asbestos, with a mean of about 1.7 percent. Those concentrations are high. While sampling in the area, they used air monitors to see if fibers were getting into the breathing zone. Then they designed a sampling plan to test ongoing activities that occur in the area. They did activity -based sampling, which is a new technique. They tested activity one, which was digging and loading the material. Activity two was spreading the dredged material. Activity three was recreational activity along the creek. Committee of the Whole, 2/13/2007, Page 1 350 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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. Actinolite fiber and chrysotile fiber were collected from samples. Most were chrysotile fiber bundles. Fibers were getting into the breathing zone of the people involved in the sample activities. Risk estimates for some activities exceeded EPA's risk management range. The data set was small. They only looked at a few activities. They only looked at the dredged material from the creek. They didn't look at areas where this material has come to be located or areas away from the bank. The risks could be higher if someone has asbestos dust in their homes. The risk could be lower for those who live farther away. Some of the activities that exceeded the normal range included walking, farming, gardening, and dredging and hauling. Gary Palcisko, Washington State Department of Health, stated asbestos causes lung cancer and mesothelioma. The Department of Health is obtaining data from the State cancer registry to find out if anyone in the area has gotten cancer. They are also going to look at asbestosis, which is not a cancer. If they find that people in this area are showing more cancers, they have to find out if they were exposed to the cancer in any other way. They will finish this review in three months. The results will be mailed to citizens in the area and others. Cohen read a summary of the concerns from neighbors in the area. They are concerned about stockpiled material remaining on their property, property values decreasing, potential exposures, and personal health. They want to know the solutions to this problem and where else this material has been taking by flooding and other means. There are three areas to focus on. One area is to determine the additional human health information that is necessary to collect in this area. So far, they have focused on the stockpiled material. An important first step is to inventory the material to find out where it's gone. They need to think about what to do this summer. This problem is going to continue for hundreds of years. It's a very long-term problem. A lot of agency collaboration needs to happen. The County will want to have a strong role to work with the community. Nelson stated the finding is that the material is hazardous, the material shouldn't be taken off site, they have a site that is currently at capacity, and there are property owners who are gravely concerned. He asked why the County would want to take the lead on this problem. Cohen stated other counties with risk areas have wanted to take the lead in working directly with the residents and managing institutional controls. The counties received grant funds to work with the residents. The local health departments worked with property owners about appropriate disposal of the materials. Brenner stated she thought the material could be spread and covered, such as being put under roads. She asked if that is not an option anymore. Cohen stated it isn't an option right now because of the need for road maintenance. They don't want to expose road maintenance workers. It may be an option in the future. They will look at the option. Brenner stated this is not new information from the last presentation. They can't keep stockpiling the material. Cohen stated the EPA was asked to characterize the material and help determine whether or not it was a hazard. The EPA spent a lot of money, time, and effort to do what it was asked. Now, they all need to look at the situation and figure out a plan. Find some additional storage area. Committee of the Whole, 2/13/2007, Page 2 351 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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. Brenner asked how far away they can move the material. Cohen stated it's a matter of finding the appropriate location, and figuring out how much it would cost to take it to that location. There isn't a limit on how far the material is taken, as long as it is managed appropriately at that location. Caskey-Schreiber stated internal discussions need to take place with legal counsel, to figure out how to minimize the liability to the County taxpayers. It is her understanding that if the County moves the material, it becomes liable. McShane stated they will have to do a cost -feasibility analysis of a variety of alternatives. It is difficult to predict the level of funding support from the EPA. He sees that as the difficulty the County will have. He hopes the State will be honest about the amount of money that is or will be available or not available. Cohen stated that the Army Corps of Engineers is another important agency to get involved. They typically deal with the flooding issue, with an asbestos component. Also talk with the Federal Emergency Management Agency (FEMA), as another potential source of funding. The EPA has made sure that the State Department of Ecology, State legislature, and Governor are aware if its findings and the serious need for funding. Weimer asked if there will be ongoing health risk assessment work. Cohen stated nothing is planned right now. The Department of Ecology has offered the County $66,000 to do additional health studies. There are plans to meet and discuss the next steps, including an inventory of the material. People are interested in having their homes sampled. Brenner stated FEMA used to buy out flooded properties. Cliff Villa, EPA Regional Counsel, stated that the FEMA has funds to purchase properties in the flood plain in certain situations. He doesn't know how that would apply in this case, but it's an idea worth exploring. Nelson stated that rather than the County taking the lead, they could enter a collaborative agreement among various agencies, assuming mutual liability. Otherwise, it will be difficult to get collaboration. They must be concerned about the property owners. Cohen stated there is potential for something like that. They could figure out which liability share is appropriate for which agency. Villa stated there are things that the EPA can do and other things that the County can do. (Clerk's Note: End of tape one, side A.) McShane stated risk based assessment is fairly easy, but analysis of different approaches is difficult. One idea to consider is modeling and theorizing the needs based on projections that go out about 300 years. Some assumptions will have to be made. Karen Frakes, Prosecutor's Office, stated she has met with Dan Gibson and he has been working on this. This issue will come up in the future. Committee of the Whole, 2/13/2007, Page 3 352 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 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. 2. CONSIDERATION OF APPEAL FILED BY MAX HURLBUT REGARDING APL06- 0032, AN ADMINISTRATIVE DECISION REGARDING CORRECTIONS NOTICE (AB2006-470) McShane moved to go into executive session at 6:30 p.m. for 30 minutes to discuss the last three agenda items. Motion carried unanimously. 3. DISCUSSION OF POTENTIAL LAND ACQUISITION (AB2007-018) 4. LEGAL DISCUSSION REGARDING STORMWATER PHASE 2 (AB2007-018) OTHER BUSINESS ADJOURN The meeting adjourned at approximately 7:05 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on ATTEST: Dana Brown -Davis, Council Clerk 2007. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair Committee of the Whole, 2/13/2007, Page 4 353 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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 February 13, 2007 Council Chair Carl Weimer called the meeting to order at 7:08 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Absent: Barbara Brenner None Dan McShane Sam Crawford Seth Fleetwood Laurie Caskey-Schreiber L. Ward Nelson ANNOUNCEMENTS Weimer announced that the following items were discussed during the Committee of the Whole meeting: 1. DISCUSSION OF EPA REPORT ON SWIFT CREEK ASBESTOS SITE (AB2007- 092) 2. CONSIDERATION OF APPEAL FILED BY MAX HURLBUT REGARDING APL06- 0032, AN ADMINISTRATIVE DECISION REGARDING CORRECTIONS NOTICE (AB2006-470) McShane moved to uphold the Hearing Examiner's decision on the Hurlbut appeal. Motion carried unanimously. 3. DISCUSSION OF POTENTIAL LAND ACQUISITION (AB2007-018) McShane moved to authorize the executive to submit a $20,000 deposit for a possible land acquisition. Motion carried unanimously. 4. LEGAL DISCUSSION REGARDING STORMWATER PHASE 2 (AB2007-018) MINUTES CONSENT Brenner moved to approve the Minutes Consent items. Motion carried unanimously. 1. COMMITTEE OF THE WHOLE FOR OCTOBER 24, 2006 Whatcom County Council, 2/13/2007, Page 1 354 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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. 2. SPECIAL COUNTY COUNCIL (URBAN GROWTH AREAS) FOR NOVEMBER 14, 2006 3. COMMITTEE OF THE WHOLE FOR NOVEMBER 21, 2006 4. REGULAR COUNTY COUNCIL FOR NOVEMBER 21, 2006 S. REGULAR COUNTY COUNCIL FOR DECEMBER 5, 2006 6. BOARD OF HEALTH FOR JANUARY 9, 2007 7. COMMITTEE OF THE WHOLE FOR JANUARY 16, 2007 S. REGULAR COUNTY COUNCIL FOR JANUARY 16, 2007 OPEN SESSION The following people spoke: Dennis Jones, 1487 Sudden Valley, stated there will be another meeting of the City of Bellingham, Whatcom County, and Lake Whatcom Water and Sewer District on February 28. Take action, including funding and management. He hopes the Public Works Department staff takes a good look at the shoreline management program and critical areas ordinance for Lake Whatcom. Take the entire 14-point plan as a whole. Stormwater has the most impact. Procure land. The lake can be saved for a budgeted amount. However, don't delay. The State Department of Natural Resources (DNR) policy is to maximize profits right away. It's not a State law. Understand the difference. Johnnie Grames, 1506 East Maplewood Avenue, Bellingham, stated that according to an article in Seattle Post-Intelligencer, a judge threw out a recall petition for a school board. Initiative, referendum, and recall are reserved for direct democracy, but they no longer apply because of judges. People must go through a security check in the Courthouse in order to go upstairs to see the judges, but not the Executive's Office and the Council Office. He's grateful that those offices are open and welcoming. That's the way democracy works. The judges have an ivory tower mentality. If judges are worried about security, they should put cameras in the courtrooms in Superior Court. It would create a better record. There is a cash fee for seeing the Court facilitator, who only sees the first ten people in line. Richard Gilda, Jensen Road, Bellingham, stated he served on a citizens advisory committee for the Shoreline Management Program. The staff and committees came up with a balanced document. Since then, the draft has been redone several times. He has several concerns about the draft. There are too many words and pages. Dropping language like "should encourage" for "encourage" leaves little flexibility. The program encourages tree preservation, but not forest practices. They discourage agriculture or farming activities Whatcom County Council, 2/13/2007, Page 2 355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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. while encouraging conservation and preservation. The shoreline buffer is set, but the regulation goes beyond the buffer. It uses words like "restoration" and "natural," which have very different meanings. No net loss is important, but hard to define and enforce. They don't say anything about no net less for agriculture, forestry, or other natural resources. Brenner stated there is a definition of "no net loss," but it is wordy. The development industry has requested more language to clarify the definitions. Val Toronto, Whatcom County, stated he is new to the area. He noticed Whatcom County has water quality problems. Since he moved here, he has become involved in drinking water and waste water issues because he has four decades of engineering experience. He has completed about 58 major public works projects for various local, state, and federal governments. Yesterday, he delivered a report he researched to help solve the problem of the degradation of water quality. He has more material he will deliver to the Board of Health. If they take the time to go through the report, they will find important information for helping to solve the problem. Nelson stated the administration should respond to Mr. Toronto. Bob Wiesen, 3314 Douglas Road, stated hundreds of Council decisions over the last few years have made it more impossible to create affordable housing. Every time the Council discusses an issue from now on, he will say whether or not it's for affordable housing. The Council's decision about a mineral resource land (MRL) at Nooksack at the last meeting made housing less affordable. Gravel is one of the most important components of building a house. Dave Pros, 1466 Roy Road, stated he thanks Executive Kremen and Planning Director Hal Hart for their hard work on concurrency issues. PUBLIC HEARINGS 1. ORDINANCE AMENDING, ON AN INTERIM BASIS, WCC, TITLE 20 BY ADDING A NEW CHAPTER 20.78 ESTABLISHING DEVELOPMENT REVIEW PROCEDURES ENSURING THAT ADEQUATE TRANSPORTATION FACILITIES ARE AVAILABLE OR PROVIDED CONCURRENT WITH DEVELOPMENT, IN ACCORDANCE WITH THE GROWTH MANAGEMENT ACT (REVISED) (AB2007- 069) Weimer opened the public hearing and the following people spoke: Mary Dickinson, Building Industry (BIA) of Whatcom County Governmental Affairs Director, stated she requests the Council to adopt the ordinance as it is. She has some reservations about how the ordinance will be implemented and enforced. Concurrency should not be a point of project delay. She is willing to offer assistance to the County in implementing the ordinance as an interim. Find funding in the budget for staff to do public outreach on concurrency when developing the permanent ordinance. A concurrency task force will be formed later this year. Whatcom County Council, 2/13/2007, Page 3 356 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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. Kathy Berg, 7585 Sterling Avenue, Birch Bay, stated she thanks the Council for getting the ball rolling. She appreciates the fact that the BIA has helped make it a better ordinance. Concurrency is a three legged stool, and this ordinance is the first leg. She looks forward to having concurrency for special districts, fire, and parks. Adopt the ordinance. Dave Pros, 1466 Roy Road, stated define concurrency to mean at the same time. All the level of service (LOS) items should be done at occupancy, not within six years. Complete construction that is needed to maintain the LOS before the people move in. He referenced line 61 of page two of the ordinance, section 20.78.040. Add language that says LOS levels cannot be violated, except by majority vote of the Council. Hearing no one else, Weimer closed the public hearing. Nelson moved to adopt the ordinance. Brenner stated she understood that the time of concurrency can't be set at this point. Hal Hart, Planning and Development Services Department Director, stated concurrency timeline is set at six years now in the Comprehensive Plan. If they want to change that timeline, they would make a significant change in the Comprehensive Plan and in the ordinance. They can do that for the final ordinance. Brenner asked about educating the public about what concurrency will or will not do. She doesn't feel like there is real understanding. It seems concurrency should be that there will be no net loss of concurrency anymore. It's not going to solve the problems that already exist, but will prevent more problems. Hart stated concurrency alone will not stop roads from being more congested, but it will help build more infrastructure that is needed, so they can move more cars through an intersection in a timely manner. The area may get more congested if there is more density going into a specific area. Brenner asked how level of service would be changed. Hart stated it would come to the Council through the Executive. Weimer asked if permits would continue to be issued if the LOS is exceeded. Hart stated they will have choices at that point. John Everett, Planning and Development Services Department, stated the ordinance does not allow the County to issue permits if it exceeds the County -adopted LOS. The existing ordinance does not provide staff the authority to unilaterally change the service levels. Motion carried unanimously. CONSENT AGENDA Whatcom County Council, 2/13/2007, Page 4 357 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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. Crawford reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through 11. McShane withdrew item one. Motion to approve Consent Agenda items two through eleven carried unanimously. 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #07-03 TO THE LOW BIDDER, TRIMAXX CONSTRUCTION INC., FOR THE CONSTRUCTION OF A PARKING LOT AT THE LUMMI ISLAND FERRY TERMINAL, IN THE AMOUNT OF $409,446.50 (AB2007-094) Crawford moved to approve the request. McShane stated he can't vote for it because he doesn't believe in it. Caskey-Schreiber asked where the money is coming from. Ken Richardson, Public Works Department, stated it is a capital expenditure and will come out of the road fund. It is not included in the ferry fee structure. Caskey-Schreiber stated she is concerned about the cost of this parking area. There has to be a better option. She will vote against the motion. Brenner stated Councilmember Caskey-Schreiber supported buying the property for that reason. This vote is to move on with what the County bought. This parking lot is for everyone's use. Caskey-Schreiber stated she thought it would be something like a gravel parking that would cost, at most, $100,000. She had no idea it would be this much money for a parking lot. Weimer stated he would also have liked a cheaper alternative, such as gravel. However, he was told they can't do that for stormwater reasons. McShane stated the total cost is well over $1 million, including the property purchase. They can always surplus the land. It's walkable to the ferry. A parking lot can be made available for people with disabilities. Paying for this out of the road fund adds to the County's subsidy for the cost of the entire system. This will be a big expense. Crawford stated he will support the request. The parking lot is long overdue. This is the second location that they've looked at. There is a need for a parking area that is far in excess of the existing parking area. It will open up access for emergency vehicles. He is not in favor of the attempt to keep the house that is on the property. The house on the property needs to go. He was impressed with the number of bidders on this project. There were eight bidders. When the County buys a new ferry, it will have added capacity. There is a growing transportation need, which predicates the need for this good investment. Whatcom County Council, 2/13/2007, Page 5 358 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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. Caskey-Schreiber stated it's a matter of priorities. The County is unable to construct the Yew Street Improvements at the same time as the construction of the new school. This is not as important. She is concerned about funding for this project when they really need to reprioritize the Yew Street Road project. It is more critical than this ferry parking area. Brenner stated the problem with the Yew Street Road project wasn't about funding. It was about time. Even if the County stopped everything else it is doing, and just worked on the Yew Street Road project, it still may not get done in 2009. The amount of disability parking is limited in the Lummi Island ferry parking area. There isn't enough parking space to accommodate people who can't walk or bike to the ferry. This is a very long -overdue commitment. Motion carried 5-2 with McShane and Caskey-Schreiber opposed. 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #07-06, ANNUAL SUPPLY OF RIP -RAP ROCK, BY ACCEPTING ALL BIDS FROM THE FIVE (5) BIDDERS AND PERMITTING SELECTION OF THE APPROPRIATE VENDOR AS DICTATED BY THE SPECIAL CIRCUMSTANCES OF THE PARTICULAR JOB, IN AN ANTICIPATED AMOUNT OF MORE THAN $35,000 (AB2007-095) 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #07-07, ANNUAL SUPPLY OF MINERAL AGGREGATES, BY ACCEPTING ALL BIDS FROM THE FIVE (5) BIDDERS AND PERMITTING SELECTION OF THE APPROPRIATE VENDOR AS DICTATED BY THE SPECIAL CIRCUMSTANCES OF THE PARTICULAR JOB, IN AN ANTICIPATED AMOUNT OF MORE THAN $35,000 (AB2007-096) 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND ACS — STATE AND LOCAL SOLUTIONS FOR INTERNET DEPLOYMENT OF THE AUDITOR'S RECORDED DOCUMENTS, IN THE AMOUNT OF $97,200 (AB2007-097) 5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND CATHOLIC COMMUNITY SERVICES RECOVERY CENTER TO PROVIDE SUBSTANCE ABUSE EVALUATION AND SERVICES UNDER THE CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE (CDDA) PROGRAM, IN THE AMOUNT OF $30,000 (AB2007- 098) 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND SNOHOMISH COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT TO PROVIDE FUNDING TO LOCAL JURISDICTIONS TO ENHANCE THEIR CAPABILITY TO PREVENT, DETER, RESPOND TO, AND RECOVER FROM INCIDENTS OF TERRORISM INVOLVING THE USE OF CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND EXPLOSIVE (CBRNE) WEAPONS AND CYBER ATTACKS, IN THE AMOUNT OF $174,608, FUNDED FROM THE SNOHOMISH COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT, WASHINGTON STATE Whatcom County Council, 2/13/2007, Page 6 359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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. MILITARY DEPARTMENT AND THE DEPARTMENT OF HOMELAND SECURITY (AB2007-099) 7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND LINSLEY, KRAEGER ASSOCIATES, LTD. TO PROVIDE ONGOING ASSISTANCE FOR THE HYDRAULIC MODELER THAT DEVELOPED THE MODEL FOR THE LOWER NOOKSACK RIVER FLOODPLAIN, IN THE AMOUNT OF $185,000 (AB2007- 100) S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER AMENDMENT #5 TO THE CONTRACT BETWEEN WHATCOM COUNTY AND PARAMETRIX, INC. TO DEVELOP A REDEFINED INVENTORY OF ECOLOGICAL PROCESSES AND FUNCTIONS IN THE BIRCH BAY WATERSHED, FACILITATING THE DEVELOPMENT OF A MORE REFINED RESTORATION PLAN, IN THE AMOUNT OF $98,000, FOR AN AMENDED TOTAL CONTRACT AMOUNT OF $614,820 (AB2007-101) 9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE SALMON RECOVERY FUNDING BOARD TO FORMULATE DESIGN ALTERNATIVE AND PREPARE PREFERRED PROJECT DESIGN TO RESTORE IN -STREAM HABITAT FOR ESA - LISTED EARLY CHINOOK SALMON AND REDUCE FLOOD RISKS AT AN ERODING STREAM BANK NEAR ACME IN THE SOUTH FORK NOOKSACK RIVER, IN THE AMOUNT OF $86,178 (AB2007-102) 10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND BLACK ROCK CABLE FOR THE PROVISION OF DARK FIBER OPTICS BETWEEN THE COURTHOUSE AND PARKS & RECREATION HEADQUARTERS, FOR A TERM OF THREE (3) YEARS, IN THE AMOUNT OF $57,547 (AB2007-103) 11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND TRANCERT MARKETING, INC. TO PROVIDE HOUSING FOR THE RESIDENT POINT ROBERTS DEPUTY SHERIFF, FOR A TERM OF ONE (1) YEAR, IN THE AMOUNT OF $14,956 (AB2007-104) OTHER ITEMS 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY FOR THE IMPLEMENTATION OF ACTIVITIES IDENTIFIED IN THE LOCAL SOLID WASTE MANAGEMENT PLAN AND HAZARDOUS WASTE MANAGEMENT PLAN, IN THE AMOUNT OF $68,000 ($51,000 FROM STATE OF WASHINGTON DOE/$17,000 FROM WHATCOM COUNTY) (AB2007-073) Whatcom County Council, 2/13/2007, Page 7 360 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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. Crawford reported for the Finance and Administrative Services Committee and moved to approve the request. Motion carried unanimously. 2. ORDINANCE REGARDING PROJECT BASED BUDGET REQUEST NO. 2007-2 FOR CRP #998001 YEW STREET ROAD — PHASE 2 (AB2007-087) Crawford reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. Brenner stated she will vote for the next three project budget requests, but she doesn't support the concept of project -based budget requests. An Executive should not award bids. The role of checks and balances is being eroded. She will introduce the original purchasing ordinance in two weeks. (Clerk's Note: End of tape one, side A.) Motion carried unanimously. 3. ORDINANCE REGARDING PROJECT BASED BUDGET REQUEST NO. 2007-3 FOR CRP #904016 HAMPTON ROAD — MORMON DITCH BRIDGE #261 (AB2007-088) Crawford reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. Motion carried unanimously. 4. ORDINANCE REGARDING PROJECT BASED BUDGET REQUEST NO. 2007-4 FOR CRP #906001 BIRCH BAY-LYNDEN ROAD/BLAINE ROAD (SR 548) INTERSECTION IMPROVEMENTS (AB2007-089) Crawford reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. Motion carried unanimously. S. REPORT ON COMMITTEE DISCUSSION REGARDING A REQUEST TO ADVANCE THE TIMELINE FOR THE YEW STREET ROAD IMPROVEMENT PROJECT (AB2007-087A) Brenner reported for the Public Works and Safety Committee and stated the request was very compelling. She wished there was something to do to make this project happen. The Public Works Assistant Director will continue to work with the City of Bellingham to get this done. Even if the County drops every project, there would be some level of confidence that the County could do this project in 2009. The school district needs to move forward before then. Hopefully, the City of Bellingham will be able to work with the County to asphalt over the sewage pipe only. Whatcom County Council, 2/13/2007, Page 8 361 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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. 6. REPORT ON COMMITTEE DISCUSSION AND POSSIBLE APPROVAL OF SENDING A LETTER TO WSDOT REGARDING THE INSTALLATION OF A FOUR- WAY STOP AT THE SOUTHBOUND ON AND OFF RAMPS FOR THE BIRCH BAY- LYNDEN ROAD (EXIT 270) AND THE I-5 CORRIDOR (AB2007-032) Brenner reported for the Public Works and Safety Committee and stated the committee referred this to the Birch Bay Steering Committee. 7. REQUEST CONFIRMATION OF EXECUTIVE KREMEN'S APPOINTMENT OF FRANK ABART TO THE POSITION OF PUBLIC WORKS DIRECTOR (AB2007- 105) Pete Kremen, County Executive, introduced Frank Abart. Mr. Abart has a stellar resume from Boone County, Missouri and the Missouri Department of Transportation. That was a key factor in his decision. He has knowledge of both county and state operations. Under his direction, the State of Missouri was the first state in the country to be in compliance with the Environmental Protection Agency (EPA) Department of Energy alternative fuel use. This is something Whatcom County needs to focus on. He would like Mr. Abart to bring that expertise and knowledge to this objective. Mr. Abart has also won many awards for productivity. Crawford moved to confirm the appointment. Brenner stated she appreciates the Executive's recommendation. However, they need to take more time. She had specifically asked to take time on this. She will abstain from voting because she doesn't know anything about the person or the area he comes from. Kremen stated that Councilmember Brenner has never asked him about this appointment. She's had the information for over a week. He's disappointed at the statement that she has made about this. Brenner stated they will have to agree to disagree. She spoke with the Executive. Caskey-Schreiber stated it's the Executive's role to interview and screen this appointment. He's in charge of the staff. There is no problem with his recommendation. McShane stated the Council does have the authority to approve or not approve the appointment, in this case. This is a strong Council form of government. Ms. Brenner is correct that the Council has the ability to not approve the appointment. However, he is pleased with the policy direction the Executive has taken with this appointment. Fleet management is a big deal. He hopes that, over time, this County will be progressive about environmental energy issues. He looks forward to this government reducing its footprint. He's proud that the County has added hybrid vehicles to its fleet some years ago. He will support the confirmation. Motion carried 6-0-1 with Brenner abstaining. Frank Abart, Public Works Director, stated he thanks the Council for its vote. Whatcom County Council, 2/13/2007, Page 9 362 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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. 8. EXECUTIVE REQUESTS CONFIRMATION OF HIS APPOINTMENT OF ANDREA BRADFORD, TIM DIETZEN AND JACK HOVENIER TO THE SUBSTANCE ABUSE ADVISORY BOARD (AB2007-106) Brenner moved to confirm the appointment. Motion carried unanimously. 9. EXECUTIVE REQUESTS CONFIRMATION OF HIS APPOINTMENT OF JOHN GILLIES TO THE PURCHASE OF DEVELOPMENT RIGHTS OVERSIGHT COMMITTEE (AB2007-107) McShane moved to confirm the appointment. Motion carried unanimously. 10. EXECUTIVE REQUESTS CONFIRMATION OF HIS APPOINTMENT OF DOUGLAS BENJAMIN TO THE PUBLIC HEALTH ADVISORY BOARD (AB2007-108) Caskey-Schreiber moved to confirm the appointment. Motion carried unanimously. 11. RESOLUTION ESTABLISHING THE PUBLIC HEARING PROCESS FOR DEVELOPMENT AGREEMENTS UNDER THE GROWTH MANAGEMENT ACT (AB2007-112) McShane moved to approve the resolution. Motion carried unanimously. 12. RESOLUTION INITIATING AN EMERGENCY ZONING TEXT AMENDMENT TO WHATCOM COUNTY CODE 20.42, RURAL FORESTRY DISTRICT (AB2007-068) Nelson moved to approve the resolution. Caskey-Schreiber stated this vote forwards to the Planning Commission what the Council has already approved. They are trying to figure out the policy for allowing cluster developments in rural forestry. The Planning Commission will have a public hearing. It will come back to the Council for another public hearing. Hopefully, the Council will establish policy at that point. Motion carried 6-1 with Crawford opposed. 13. DISCUSSION REGARDING THE RFQ FOR CONSULTANT SERVICES FOR THE JOINT AFFORDABLE HOUSING PROJECT (AB2007-093) Brenner stated that the Bellingham City Council approved an interlocal agreement. The City Council amended the agreement to say that the City's and County's councils both approve. Whatcom County Council, 2/13/2007, Page 10 363 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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. Weimer stated that the affordable housing website is accessed through the City of Bellingham's website. Fleetwood stated that the request for qualifications (RFQ) process closes this Friday. Everything received will be copied and distributed to the Executive, the Mayor, and the Task Force. The Task Force will convene a meeting soon. The Task Force will review and comment on the proposals. The Mayor and Executive make the selection, and authorization will come from the Councils. They hope to have a consultant by April. Brenner stated the information posted to the Task Force website is only what is approved by the co-chairs. She would like all information distributed to the Task Force, or a summary of the information, be placed on the website. CORRESPONDENCE APPROVAL APPROVAL TO SEND A LETTER SUPPORTING HOUSE BILL 1728 AND SENATE BILL 5645, WHICH ARE ALTERNATIVES TO THE LANTZ BILL REGARDING SHELLFISH REGULATIONS. Brenner stated Dale Brandland and Kelli Linville are sponsors. This is an alternative bill from the Shellfish Growers Association. The other bill creates a lot of bureaucracy and expense. Brenner moved to send the letter. Caskey-Schreiber stated she is not familiar with the proposed bill and will abstain. Motion carried 6-0-1 with Caskey-Schreiber abstaining. INTRODUCTION ITEMS McShane moved to accept the Introduction Items. There is a substitute version of Introduction Item number seven, which were the amendments made by the Natural Resources Committee this morning. Motion carried unanimously. 1. ORDINANCE AMENDING THE 2007 WHATCOM COUNTY BUDGET, SECOND REQUEST, IN THE AMOUNT OF $712,630 (AB2007-109) 2. ORDINANCE AUTHORIZING THE ADOPTION OF THE 2007 UNIFIED FEE SCHEDULE (AB2006-440) 3. ORDINANCE REGARDING INSTALLING STOP SIGNS ON VARIOUS ROADS WITHIN THE DEVELOPMENT OF BAY CREST (AB2007-110) Whatcom County Council, 2/13/2007, Page 11 364 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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. 4. ORDINANCE REGARDING ESTABLISHMENT OF SPEED LIMITS ON CERTAIN COUNTY ROADS (AB2007-111) 5. RESOLUTION TO SCHEDULE A PUBLIC HEARING CONCERNING THE ESTABLISHMENT OF THE BIRCH BAY WATERSHED AND AQUATIC RESOURCES MANAGEMENT DISTRICT (AB2007-113) 6. RESOLUTION APPROVING GRANT OF EASEMENT FOR ACCESS AND UTILITIES ON LONG ESTABLISHED TRAIL ACROSS COUNTY PROPERTY (AB2007-114) 7. ORDINANCE AMENDING THE OFFICIAL SHORELINE MANAGEMENT PROGRAM (WCC TITLE 23), THE OFFICIAL SHORELINE MAP, AND ASSOCIATED PROVISIONS OF THE CAO (WCC CHAPTER 16.16), AND THE ZONING CODE (WCC TITLE 20) (AB2006-442) OTHER BUSINESS There was no other business. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Weimer stated he was in New Orleans last week. It makes one think about the importance of emergency services. Caskey-Schreiber stated a Northwest Clean Air Agency monitoring station in Kendall area indicates there is concern about air quality. It exceeds the allowable levels of pollutants for health. The problem pertains to wood stoves. They could add a condition to development to not add to that overloaded airshed. Weimer stated natural gas isn't available to that area. Talk to Cascade Natural Gas about getting the service to that area. ADJOURN The meeting adjourned at 8:21 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on ATTEST: 2007. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Whatcom County Council, 2/13/2007, Page 12 365 1 2 3 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. Dana Brown -Davis, Council Clerk Carl Weimer, Council Chair Whatcom County Council, 2/13/2007, Page 13 366 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 Surface Water Work Session February 20, 2007 Council Chair Carl Weimer called the meeting to order at 10:00 a.m. in the Whatcom County Civic Center Annex, Second Floor Meeting Room, 322 N. Commercial, Bellingham, Washington. Present: Absent: Barbara Brenner Sam Crawford Dan McShane Seth Fleetwood Laurie Caskey-Schreiber L. Ward Nelson SURFACE WATER WORK SESSION (AB2007-025) 1. DISCUSSION OF SWIFT CREEK ASBESTOS SITE (AB2007-092) Nelson moved to go into executive session for one hour and 40 minutes to discuss the agenda item. Motion carried unanimously. ADJOURN The meeting adjourned at approximately 11:55 a.m. Jill Nixon, Minutes Transcription The Council approved these minutes on ATTEST: Dana Brown -Davis, Council Clerk 2007. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair Surface Water Work Session, 2/20/2007, Page 1 367 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2007-113A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator.- K. Christensen 7 L LL ,; 2127107 Introduction Division Head., 3113107 Public Hearing K. Christensen I<IYZI .2. 41-0-7 F 23 0 Dept. Head: -7 2 Prosectitor., LV4-- o-111407 D. Gibson rl o PurcliasinglBudget: B. Bennett A r% Executive: 11 P. Krem en t TITLE OF DOCUMENT: Ordinance establishing the Birch Bay Watershed and Aquatic Resources Management District A TTA CHMENTS. 1) Memorandum 2) Ordinance SEPA review required? ) Yes X ) NO Should Clerk schedule a hearing? X )Fes NO SEPA review completed? ) Yes NO Requested Date: March 13, 2007 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 RCWor WCCas appropriate. Beclear in explaining the intent of the action.) Attached is an ordinance authorizing the establishment of the Birch Bay Watershed and Aquatic Resources Management District as authorized by the county -wide flood control zone district (RCW 86.15.025). A public hearing on this is requested for March 13, 2007. COMMITTEE ACTION: COUNCIL A CTION.- 2/27/2007: Introduced Related County Contract #. Related File Numbers: Ordinance or Resolution Number. Agenda Bill No. 200 7-113 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. itww.co. ithatcom.)va.uslcouncil. I I I:\Birch Bay Stormwater\Establish BB WS Subzone\RevisedAgendaBill—BirchBay_Ordinance—Zone-PubHrg.doc 368 WHATCOM COUNTY PUBLIC WORKS DEPARTM FRANK M. TO: FROM: RE: DATE: Background MEMORANDUM The Honorable Pete Kremen, County Executive and The Honorable Members of the Whatcom County Council Kirk N. Christensen, PE, Stormwater Manager ric'-- STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whatcomcounty.us RECEIVED FEB 16 2007 FETE KREMEN COUNTY EXECUTNE Ordinance Establishing the Birch Bay Watershed and Aquatic Resources Management District February 15, 2007 The Birch Bay Community Plan Steering Committee completed a community plan for the Birch Bay Urban Growth Area (UGA) and surrounding area in 2002. This Birch Bay Community Plan (Sub Area Plan) was adopted as a Sub Area of the Whatcom County Comprehensive Plan in 2004. The plan includes the community's vision on accommodating future growth in the area including a recommendation to develop a stormwater plan. On November 8, 2006, the Whatcom County Council adopted the Birch Bay Comprehensive Stormwater Plan. This plan identified a stormwater management area and implementation funding strategy for the Birch Bay Community. The attached ordinance will establish the Birch Bay Watershed and Aquatic Resources Management District as enabled by RCW 86.15.025 of the County -wide Flood Control Zone District. Upon establishment of this district, a draft assessment roll will be generated. It is anticipated the draft assessment role will be available in August 2007. Currently Public Works has scheduled interviews to select a contractor for the development of the assessment role. Action Requested This ordinance establishes the Birch Bay Watershed and Aquatic Resources Management District as enabled through RCW 86.15.025. Enclosure 1:1Birch Bay StormwaterlEstablish BB WS SubzonelRevisedAgendaBill_BirchBay_Ordinance_Zone-PubHrg.doc 369 WHATCOM COUNTY CONTRACT ATTORNEY REVIEW [submit via electronic transmittal] Originating Department: Public Works — Storntwater Contact Person: Kirk N. Christensen, PE, Stormwater Manager Contractor's Name: N/A First Review: Approved As Is; Prepare Ha►-dcopy for Signoff Needs Revision; Attorney Comments for suggested changes: Second Review: Implemented Attorney Corrections as Indicated Approved; Prepare Hardeopy for Signoff Additional Corrections Needed; Attorney Comments for suggested changes: Please indicate any Special Dates or clauses that require calendaring: Leave this page attached to summary coversheet until final signoff by attorney. Do not leave attached when routing to Contractor for signature. v.1.0 370 I:1Birch Bay StormwaterlEstablish BB WS SubzonelRevisedAgendaBill_BirchBay_Ordinance_Zone-PubHrg.doc SPONSORED BY: PROPOSED BY: Public Works-Stormwater INTRODUCTION DATE: February 27, 2007 ORDINANCE NO. 2 3 AN ORDINANCE ESTABLISHING THE BIRCH BAY WATERSHED AND AQUATIC 4 RESOURCES MANAGEMENT DISTRICT WHEREAS, in 2004, the Birch Bay Community Plan Steering Committee completed a community plan for Birch Bay Urban Growth Area (UGA) and surrounding area: and WHEREAS, the Birch Bay Community Plan recognized the importance of stormwater management; and WHEREAS, in 2005 the Birch Bay community requested assistance from Whatcom County to create the Birch Bay Comprehensive Stormwater Plan; and WHEREAS, in 2006 Whatcom County and the Birch Bay community completed the Birch Bay Comprehensive Stormwater Plan; and WHEREAS, the Whatcom County Council approved the Birch Bay Comprehensive Stormwater Plan on November 8, 2006, to address.stormwater management issues; and WHEREAS, the Birch Bay Comprehensive Stormwater Plan recommends the creation of a stormwater management area and funding strategy; and WHEREAS, RCW 86-15.025 authorizes the division of County -wide Flood Control Zone District into separately designated subzones; and WHEREAS, a stormtivater management area, as enabled by RCW 86.15.025, is needed to address the stormwater funding needs in Birch Bay; and WHEREAS, the stormtvater management area for Birch Bay is named the Birch Bay Watershed and Aquatic Resources Management District; and WHEREAS, it is the intent of the Whatcom County Council and Board of Supervisors of the Flood Control Zone District to authorize an assessment for the collection of revenue for implementing the Birch Bay Comprehensive Stormwater Plan; and 37 WHEREAS, a map and legal description of the Birch Bay Watershed and Aquatic Resources 38 Management District is included in this ordinance as attachment Exhibit "A"; and 39 40 WHEREAS, on February 27, 2007, the Flood Control Zone District Board of Supervisors 41 passed a resolution for a public hearing to be held on March 13, 2007, for the establishment of the 371 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Birch Bay Watershed and Aquatic Resources Management District at the regular Whatcom County Council meeting. NOW, THEREFORE, BE IT ORDAINED by the Flood Control Zone District Board of Supervisors that a public hearing to consider the establishment of the Birch Bay Watershed and Aquatic Resources Management District, as enabled by RCW 86.15.025, will be held on March 13, 2007, at the regular Whatcom County Council meeting. ADOPTED this day of )2007. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Carl Weimer, Council Chair APPROVED AS TO FORM: Assistant Chief Deputy Prosecutor Page 2 of 2 372 EXHIBIT "A" Birch Bay Watershed and Aquatic Resources Management District as formed under RCW 86.15.025 Boundary Legal Description The Birch Bay Stormwater Management Plan Sub Flood Zone comprises all or portions of Sections 10, 11, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, and 36, Township 40 North, Range 1 West, Sections 1, 2, 3, 10, 11, 12, 13, 14, and 24, Township 39 North, Range 1 West, Sections 2 through 18, 21,22,23, 24, and 28, Township 39 North, Range 1 East, and Sections 19, 20, 29, 30, 31, 32, 33, Township 40 North, Range 1 East, of Willamette Meridian; said Sub Flood Zone boundary more particularly described as follows: (For the purposes of this description Section, Township, and Range may be abbreviated as Section #, T # N., R # E. or W. and abbreviations NE for Northeast, NW for Northwest, SW for Southwest, and SE for Southeast may be used.) Commencing at the point of intersection of the Line of Ordinary High Tide of Semiahmoo Bay with the Southwesterly line of Tract A, Plat of Boundary Ridge in Section 10, T. 40 N., R. 1 W., said point being the True Point of Beginning; Thence Southeasterly along said Southwesterly line of Tract A, and the Southeasterly extension thereof, 646 feet, more or less, to the centerline of Semiahmoo Parkway; Thence generally Southerly along the centerline of Semiahmoo Parkway 1.5 miles, more or less, to the North -South Center Section Line of Section 14, T. 40 N., R. 1 W.; Thence Northeasterly 750 feet, more or less, to a point 350 feet due South of the most Westerly corner of Lot 65, Saint Andrew's Green Division IV- Phase A; Thence Southeasterly 2000 feet, more or less, to the'/ Section Corner common to Sections 13 and 14, T. 40 N., R. 1 W.; Thence Southeasterly 1360 feet, more or less, to the SE corner of the North 10 acres of the West'/2 of the SW'/4 of said Section 13; Thence Southeasterly 2214 feet, more or less, to the SE corner of the West 20 acres of the NW '/4 of the SE'/ of said Section 13; Thence Southeasterly 2380 feet, more or less, to the NE Corner of Section 19, T. 40 N., R. 1 E.; Thence Southeasterly 1000 feet, more or less, to the intersection of the centerlines of Seafair Drive and Oakridge Drive, Plat of Harborview Estates; Thence Southeasterly 450 feet, more or less, to the SE corner of Lot 17, said Plat of Harborview Estates; Thence Southeasterly 500 feet, more or less, to the intersection of the centerlines of Glendale Drive and Bayshore Drive, Plats of said Harborview Estates and Lincoln Green, Division No. 1; Thence Easterly 1015.73 feet along the centerline of said Bayshore Drive to the center of the cul-de-sac at the Easterly end of said Bayshore Drive; Thence Southeasterly 200 feet, more or less, to the NW corner of the SW'/ of the NE'/4 of said Section 19; Thence Southeasterly 2820 feet, more or less, to the NW corner of the South 330 feet of the SW '/4 of the NW '/4 of Section 20, T. 40 N., R. 1 E.; Thence Southeasterly 2750 feet, more or less, to the NE corner of Croft's Short Plat; Thence Easterly 440 feet, more or less, to the NE corner of the SE'/ of the SW'/ of said Section 20; Thence Southeasterly 1554 feet, more or less, to a point on the Section Line common to said Sections 20 and 29, T. 40 N., R. 1 1 of 5 373 E., 500 feet Westerly of the NE corner of the NW'/ of the NE'/4 of said Section 29; Thence Southwesterly 1554 feet, more or less, to the SW corner of said NW'/ of the NE'/ of said Section 29; Thence Southeasterly % mile, more or less to the SE corner of Lot 92, plat of Double RR Ranch; Thence Southeasterly 875 feet, more or less, to the NE corner of Lot 46, said Plat of Double RR Ranch; Thence Southerly 700 feet, more or less, to the NE corner of Lot 39, said Plat of Double RR Ranch; Thence Southwesterly 540 feet, more or less, to the SW corner of Lot 26, said plat of Double RR Ranch; Thence Easterly 460 feet, more or less, to the SE corner of Lot 37, said plat of Double RR Ranch; Thence Southeasterly 962 feet, more or less, to the center of the SE'/ of the SE'/ of said Section 29; Thence Southeasterly 710 feet, more or less, to a point on the North line of Section 32, T. 40 N., R. 1 E. 397 feet Westerly of the NE Corner of said Section 32; Thence Southeasterly 2166 feet, more or less, to the center of the NW '/ of Section 33, T. 40 N., R. 1 E.; Thence Easterly along the East-West centerline of said NW'/ 660 feet, more or less to the Northwesterly right-of-way line of the GNRR (BNSF) Spur; Thence Southwesterly one mile, more or less, along said Northwesterly right-of- way line to the Section Line common to said Section 32 and Section 5, T. 39 N., R 1 E.; Thence Southeasterly 1458 feet, more or less to the NW corner of the SW '/ of the NW '/4 of the NW'/ of Section 4, T. 39 N., R 1 E.; Thence Southeasterly 1476 feet, more or less, to the NW corner of the SE'/ of the NW '/ of said Section 4; Thence Easterly 1320 feet, more or less, to the NE corner of said SE'/4 of the NW'/; Thence Southeasterly 3300 feet, more or less, to the NE corner of the SE'/ of the NE'/ of the SE'/ of said Section 4; Thence Southeasterly 1361 feet, more or less, to the SE corner of Lot 3, Grandview Highlands Short Plat in Section 3, T. 39 N., R 1 E.; Thence East 1320 feet, more or less, to the North -South Center Section Line of said Section 3; Thence Southeasterly 4290 feet, more or less, to the SE corner of the SW'/ of the SW '/ of Section 2, T. 39 N., R 1 E.; Thence Southeasterly 2800 feet, more or less, to the most Easterly corner of Lot A, Grandview Hill Estates Cluster Short Plat #2; Thence Southeasterly 1050 feet, more or less, to a point on the East-West Center Section Line of Section 11, T. 39 N., R 1 E., 1 rod Westerly of the NE corner of the NW '/ of the SE '/ of said Section 11; Thence Southwesterly 677 feet, more or less, to the midpoint of the South line of the North 'h of the East '/2 of the East '/z of said NW'/ of the SE'/4; Thence Southeasterly 841feet, more or less, to a point on the South line of the NE'/ of the SE'/ of said Section 11, 355.71 feet Easterly of the SW corner of said NE'/ of the SE'/; Thence Southeasterly 689 feet, more or less, to a point 105 feet West of the center of the SE'/ of the SE'/ of said Section 11; Thence East 105 feet to said center of the SE'/ of the SE'/; Thence Southeasterly 933 feet, more or less, to the NE Corner of said Section 13, T. 39 N., R 1 E.; Thence Easterly 240 feet along the North line of said Section 13; Thence Southeasterly 935 feet, more or less, to the NW corner of Lot 2, Unruh Heights Short Plat; Thence Southeasterly 1462 feet, more or less, to a point on the South line of the West Y2 of the NE'/ of the NW '/ of said Section 13, 1 rod Westerly of the SE corner of said West'/2; Thence Southeasterly 1483 feet, more or less, to the Center of said Section 13; Thence Southeasterly to the SE corner of Lot 126, Plat of Pacific Highlands Division No. 4; Thence generally Southerly following along the Easterly boundary line of said Plat to the SE corner of Lot 153 of said Plat; Thence Southeasterly to the NW corner of Lot 8, Block 4, Plat of Pacific Heights Phase I, Thence Southerly along the West line of said Plat 38.51 feet; Thence Southerly 275 feet, more or less, to a point on the South line of said Section 13, 285.5 feet West of the 2 of 5 374 SE corner of the SW 1/ of the SE'/ of said Section 13; Thence Southeasterly 1325 feet, more or less, to a point on the South line of the NW 1/ of the NE 1/ of Section 24, T. 39 N., R 1 E., 165 feet Westerly of the SE corner of said NW 1/ of the NE 1/; Thence Westerly 495 feet, more or less, along the South line of said NW 1/ of the NE 1/ to the SW corner of the SE'/4 of said NW'/ of the NE'/; Thence Southwesterly to a point on the North -South Center Section Line of said Section 24, 300 feet Southerly of the NE corner of the SE 1/ of the NW 1/ of said Section 24; Thence Southwesterly 1063 feet, more or less, to a point on the South line of said SE 1/ of the NW %, 300 feet Westerly of the SE corner of said SE 1/ of the NW 1/; Thence Northwesterly 1072 feet, more or less, to a point on the West line of said SE'/ of the NW 1/4, 330 feet Northerly of the SW corner of said SE'/ of the NW 1/; Thence Northerly 990 feet, more or less, along the West line of said SE'/ of the NW 1/ to the center of the NW '/4 of said Section 24; Thence Northwesterly 738 feet, more or less, to the center of the South'/2 of the NW'/ of the NW 1/ of said Section 24; Thence Northwesterly 467 feet, more or less, to a point on the South line of the North 1/2 of said NW '/ of the NW 1/, 330 feet Easterly of the SW corner of said North %; Thence Northwesterly to a point on the North fine of said Section 24, 150 feet Easterly of the NW Corner of said Section 24; Thence Northwesterly 427 feet, more or less, to a point on the West line of Section 13, T. 39 N., R. 1 E., 400 feet Northerly of the SW corner of said Section 13; Thence West 200 feet; Thence Southerly 400 feet, more or less, to a point on the South line of Section 14, T. 39 N., R. 1 E., 200 feet Westerly of the SE corner of said Section 14; Thence Southwesterly 1300 feet, more or less, to the Northeast corner of the SE 1/ of the NW 1/ of the NE'/4 of Section 23, T. 39 N. R. 1 E.; Thence Southerly 660 feet, more of less, to the center of the NE 1/ of said Section 23; Thence Northwesterly 1361 feet, more or less, to the Northwest corner of the South 330 feet of the West % of the NW 1/ of the NE'/ of said Section 23; Thence Northerly 330 feet, more or less, to the Northwest corner of the SW 1/4 of said NW '/ of the NE 1/; Thence Northwesterly 933 feet, more or less, to the Northwest corner of the NE'/ of the NE'/4 of the NW 1/ of said Section 23; Thence Westerly 2280 feet, more or less, along Section Line common to said Sections 14 and 23, and Sections 15 and 22, T. 39 N., R 1 E. to a point 300 feet Westerly of the Northeast Corner of said Section 22; Thence Southerly 1980 feet, more or less, parallel with the East line of said Section 22, to the North line of the South 112 of the SE'/4 of the NE 1/ of said Section 22; Thence Southwesterly 752 feet, more or less, to the midpoint of the North line of the NE 1/4 of the SE 1/ of said Section 22; Thence Southerly 330 feet, more or less, to the South line of the North 330 feet of said NE 1/ of the SE'/; Thence Southwesterly 955 feet, more or less, to a point on the West line of said NE 1/ of the SE 1/ and 300 feet Northerly of the SW corner of said NE 1/ of the SE'/; Thence Southwesterly 1063 feet, more or less to a point on the North line of the SW 1/ of the SE '/4 300 feet Easterly of the NW corner of said SW 1/4 of the SE 1/; Thence Southwesterly 424 feet, more or less, to a point on the West line of said SW 1/ of the SE 1/ 300 feet Southerly of the NW corner of said SW 1/ of the SE 1/a; Thence Southwesterly 752 feet, more or less, to the NE corner of Lake Terrell Short Plat; Thence Southwesterly 738 feet, more or less, to the SW corner of Lot A, Lake Terrell Short Plat; Thence Northwesterly 1361 feet, more or less, to the NW corner of the South Y2 of the SW 1/ of the SW 1/ of said Section 22; Thence West 400 feet; Thence Southwesterly 690 feet, more or less, to a point on the South line of Section 21, T. 39 N., R. 1 E. and 600 feet Westerly of the SE corner of said Section 21; Thence Southwesterly 725 feet, more or 3 of 5 375 less, to a point on the North line of the South Y2 of the NE'/ of the NE'/ of Section 28, T. 39 N., R. 1 E. and 900 feet Westerly of the East line of said Section 28; Thence Southerly, parallel with the East line of said Section 28, 660 feet, more or less, to the North line of the SE'/ of the NE'/ of said Section 28; Thence Southeasterly 725 feet, more or less, to a point on the North line of the South'/z of the SE'/4 of the NE'/ of said Section 28 and 600 feet Westerly of the East line of said Section 28; Thence Southwesterly 772 feet, more or less, to a point on the South line of said NE'/ and 1000 feet Westerly of the East line of said Section 28; Thence Southerly, parallel with the East line of said Section 28, 200 feet; Thence Westerly, parallel with the East-West Center Section Line of said Section 28, 500 feet; Thence Southwesterly 665 feet, more or less, to the midpoint of the East line of the West '/z of the NW '/4 of the SE'/4 of said Section 28; Thence Southwesterly 675 feet, more or less, to a point on the North -South Center Section Line of said Section 28 and 800 feet South of the Center of said Section 28; Thence Northwesterly 1037 feet, more or less, to the Northwest corner of the East '/2 of the NE'/ of the SW'/4 of said Section 28; Thence Northwesterly 1476 feet, more or less, to the center of the NW '/ of said Section 28; Thence Northeasterly 1322 feet, more or less, to a point on the North Line of said Section 28 and 1245 feet Westerly of the North'/ Corner of said Section 28; Thence Northeasterly'/ mile, more or less, to the point of intersection of the centerline of Rainbow Road with the East-West centerline of the SW '/ of Section 21, T. 39 N., R. 1 E.; Thence Northwesterly 0.4 miles, more or less, along said centerline of Rainbow Road to the South line of the North '/z of the SW '/4 of the NW '/4 of said Section 21; Thence Northwesterly 752 feet, more or less, to the midpoint of the North line of the West'/2 of said SW '/ of the NW '/; Thence Northerly 1320 feet, more or less, parallel with the West line of said Section 21, to North Line of said Section 21; Thence Northeasterly 1650 feet, more or less, to the center of the SW '/ of Section 16, T. 39 N., R. 1 E.; Thence Northeasterly 1361 feet, more or less, to a point on the East-West Center Section Line of said Section 16 and 990 feet Westerly of the Center of said Section 16; Thence Northeasterly 0.4 miles, more or less, to the Southeast corner of Lot 2, Lake Terrell Mobile Ranch Short Plat; Thence Northwesterly 483 feet, more or less, to a point on the South Line of Section 9, T. 39 N., R. 1 E. and 208 feet Westerly of the SE corner of the SW '/ of the SE'/ of the SW'/ of said Section 9; Thence Northwesterly 1023 feet, more or less, to the midpoint of the North line of the South 330 feet of the North 3/ of the East % of the SW '/ of the SW '/ of said Section 9; Thence Southwesterly 1190 feet, more or less, to the Southwest Corner of said Section 9; Thence Southwesterly 1650 feet, more or less, to the SW corner of the North 3/ of the NE'/a of the NE'/ of Section 17, T. 39 N., R. 1 E.; Thence Southwesterly 1325 feet, more or less, to a point on the North -South Center Section Line of said Section 17 and 1100 Southerly of the North'/ Corner of said Section 17; Thence Southwesterly 696 feet, more or less, to the midpoint of the South line of the NE'/ of the NW '/4 of said Section 17; Thence Northwesterly 696 feet, more or less, to a point on the West line of said NE'/ of the NW'/ and 1100 feet Southerly of the NW corner of said NE'/ of the NW'/; Thence Northwesterly 1354 feet, more or less, to a point on the West Line of said Section 17 and 800 feet Southerly of the NW Corner of said Section 17; Thence Northwesterly 5284 feet, more or less, to a point on the East Line of Section 13, T. 39 N., R. 1 W. and 600 feet Southerly of the NE Corner of said Section 13; Thence Southerly 5000 feet, more or less, along said East Line of Section 13 and the East Line of Section 24, T. 39 N., R. 1 W. to the Line of Ordinary High Tide of the Strait 4 of 5 376 of Georgia; Thence generally Northerly, following along the Line of Ordinary High Tide of the Strait of Georgia, Birch Bay, and Semiahmoo Bay, 15 miles, more or less, to the True Point of Beginning. 5 of 5 377 a I WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 -- 135 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: Orr inwor; 2/26/2007 2/27/2007 Council Division Head.- 3/13/2007 Public Hearing Dept. Head: Prosecuror: Purchasin /Bud e1; Executive: TITLE OF DOCUMENT. - Emergency interim ordinance limit size of large commercial retail establishments ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes { ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 3/13/2007 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 required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Emergency interim ordinance limiting the size of large commercial retail establishments in order to promote rural level of service in unincorporated Whatcom County COMMITTEE A CTION. COUNCIL ACTION. 2/27/2007: Council Amended & Adopted 6-1 Crawford opposed Ord. 2007-013 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord. 2007-013 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.us/council. 379 PROPOSED BY: Brenner, Nelson, Weimer SPONSORED BY: Brenner, Nelson, Weimer INTRODUCTION DATE: February 27, 2007 ORDINANCE NO. 2007-013 AN EMERGENCY INTERIM ORDINANCE LIMITING THE SIZE OF LARGE COMMERCIAL RETAIL ESTABLISHMENTS IN ORDER TO PROMOTE COMPATIBILITY WITH OTHER JURISDICTIONS WITHIN WHATCOM COUNTY WHEREAS, the Washington State Growth Management Act was created, in part, to prevent conflicts among local jurisdictions regarding land use planning and management; and WHEREAS, county -wide comprehensive planning required in the Growth Management Act was established, in part, to avoid local land use conflicts between jurisdictions; and WHEREAS, according to the Growth Management Act, Whatcom County is to become a county consisting mainly of rural services; and WHEREAS, according to the Growth Management Act, urban services are best left to incorporated cities; and WHEREAS, Whatcom County, through its visioning process has determined that it will gradually become a rural service provider; and WHEREAS, for all jurisdictions within Whatcom County to work together it is important for all jurisdictions to respect each others' requests and needs; and WHEREAS, according Whatcom County's County -Wide Planning Policies (CWPP), the Greater Whatcom County Comprehensive Economic Development Strategy (CEDS) is intended to put forth economic development alternatives for Whatcom County that will support job creation, with an emphasis on higher wage jobs and diversification; and WHEREAS, according to the CWPP, economic development should be encouraged that does not adversely impact the environment, is consistent with community values and vision, seeks innovate techniques to attract different industries for a more diversified economic base, and supports retention and expansion of existing businesses; and WHEREAS, according to CWPP, to adequately plan for growth and implement the policies of the Growth Management Act, the governmental jurisdictions in Whatcom County shall work cooperatively together to establish on -going mechanisms to improve communication, information sharing, and coordinated approaches to common problems; and WHEREAS, Whatcom County will continue to work on adopted plans that are integrated with the cities to avoid conflicts that will unduly damage the community at large; and WHEREAS, Whatcom County respects the work that has already been done to create growth that is in -scale with the community, does not damage downtown cores, respects neighboring uses, and creates community -size pockets of retail development to prevent loss of a sense of place inherent in ail Whatcom County communities; and WHEREAS, Whatcom County believes that only through collaborative efforts with other jurisdictions will we avoid negative county -wide impacts; and WHEREAS, Whatcom County believes that large commercial retail establishments are not a rural service, interfere with rural resource industries, and erode the existing vision of Whatcom County; and WHEREAS, Whatcom County believes that only commercial retail which is rural resource related or accessory to rural resource industries can exist in larger scale compatibly with rural resources; and WHEREAS, Whatcom County wishes to provide an example to other jurisdictions of our good faith in working cooperatively to ensure all of Whatcom County maintains a legacy that future generations will enjoy; and WHEREAS, Section 2.40 of the Whatcom County Charter allows for the adoption of an emergency ordinance for the immediate preservation of the public peace, health, or safety or support of the county government and its existing institutions; and WHEREAS, the Whatcom County Charter limits an emergency ordinance to a period not to exceed 60 days from the effective date of the adopted ordinance; and WHEREAS, RCW 36.70.795 requires the County Council hold a public hearing within 60 days from the effective date of the adopted ordinance; and WHEREAS, RCW 36.70.795 requires the adoption of findings of fact which justify Council action, therefore, the Council makes the following findings: 1. Whatcom County is in the process of docketing comprehensive plan amendments, zoning text amendments, and urban growth area updates for the jurisdictions within Whatcom County. 2. Whatcom County is required under the County -Wide Planning Policies to ensure compatibility and consistency with all jurisdictions through these processes. 3. Whatcom County lacks the resources to adequately provide an urban level of services without coordination with other jurisdictions within Whatcom County. 4. Large commercial retail establishments require coordination of urban level of services with other jurisdictions within Whatcom County. 5. Whatcom County Comprehensive Plan Policy 2T-9, contained within the land use section, states, "Joint planning in Bellingham's UGA (urban growth area) should include joint review of development proposals. City design and development regulations should be required in Bellingham's UGA". 381 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 6. On February 12 the City of Bellingham passed Ordinance 2007-02-011 to limit the size of commercial retail establishments. 7. Whatcom County Comprehensive Plan Policy 2Q-2, contained within the land use section, states, "Establish procedures for development project review within urban growth areas which protect the interests of both the city and the county. Generally, city development standards and adopted levels of service should be applied within urban growth areas". 8. On February 20, 2007, the City of Ferndale passed emergency legislation to prevent the vesting of commercial retail establishments greater than 75,000 square feet until Ferndale can complete necessary public processes. 9. An emergency ordinance is necessary to prevent the vesting of any incompatible establishment or use in unincorporated Whatcom County until the county completes Urban Growth Area updates, zoning text amendments, and Comprehensive Plan amendments relating to compatibility issues with other jurisdictions as stated in the findings. WHEREAS, Whatcom County encourages all cities within the county to ensure that commercial development is compatible with the character of our wonderful cities. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County hereby limits the size, on an interim basis, to 75,000 square feet on all new applications for commercial retail establishments that are not accessory to rural resou rces. BE IT FURTHER ORDAINED that manufacturing facilities which include accessory commercial retail, and in which manufacturing is the main function, are exempt. f�T' as 27 day of February , 2007. CoL cil Clerk APft DASi0�,CXM: Civil-DepuTy Pfo�&-ecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Wei , Council Chair { pproved { ) Denied Pete remen, County Executive Date: a —d !�,,F7 VA WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 — 136 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Ori inalor: Public Wor 3/5/2007 3/13/2007 Council Division Head: Dept. Head: Prosecutor: Purchasin /Bud el: Executive: TITLE OF DOCUMENT. Appointment to FCZDAC Alternate position ATTACHMENTS: Application SEPA review required? ( ) Yes ( ) NO SEPA review completed? { ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT 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.) Appointment of Steve Seymour to an Alternate position on the Flood Control Zone District Advisory Committee 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 website at: www.co.whatcom.wa.us/council. 383 03/05/2007 HON 11:04 FAX 3607382468 WHATCOH CNTY PUB WORKS Wha+com County Council 14001/001 k ETE KMEN COUNW.MEMBERSa Counly ExeclJ00 °ate �� ixadiai �.. reriner �� I.�urf� Caslrr�yL5cllr$iher �,tf i4 $csi►tii. Fk"twoad _ Ward Neilson Shuon Ray AFRUCATION FOR APPOMMONT•TONHATCOM COUNTY BdARDS-AND COMMISS-IONS Name prboard'orswmrnfttee-pleasesea myarsp: `t-lOc`�(� �' I�ISQIn Ec Whlc" h posfflon on thfq board are you applong for (if applicable)?_ Which touncclf district do y9g mstdo ire? (y Qne. 17WO ree Are your a` U5-c1filzeJ7 (dyes )rto- Are you a mglMed voter? Kyes ( )no Name: bate:.-61. Weet Address: 7B 125 ZLa RD Zip Code:Tw Mailing Andres- (If differint from &net-addr ss}: aay' fepfi ne ���� Evening 7eWhone: ?�7 Fak N1101C e- rc 6=patlai n (if rdt[redt pease T'ndicato fbr ?er-o=pagor0: ��S�C1 2�r �Io 1-6stsr -WanA aMmuhltV• A�ttmaea: 3v-i M -Clsv 2E OUDSISr" lzy ( (Dso 'f ; ew tw_*3 3-Yr5 ge P� I . , .. [ �M rvq r "t�cN.�].s. ec,r� �.�Q-t � Sr�Lr�au �- Edwc�tlon: 5ih Utfl � . t"5 tfloO t2Kl,h�$ � lea etc a � MOru�e ea [vela{ t� ll �� . mtlora elated -tip on.: -l•!(�t,� �1rM�i.�'Det�cJ. P (zot*e l or Cot t � T- • __ Re�c - be.iNl7y ,ou are'itt�ted lh'sWhg on this board oe cornmissfon: -Fit.±� C� `N�c SoLLmomS�D c0ont'PRoiecT'lma —ig `IZVC FCL� 1.�#t t`t �Q,' (r( C;�1J `'t'1'�•2 �i7.� �- "C't� {��tVP"i`[OfJ f Do ycm or -your spouse' have a. i'trt.mclal Intinva Irt or ar& yore an ernoloyiM,or officer of any busirms or agency that ifya§r preavkekpbin: - � �r�1r�___ mat i3 3 io L9-X0K",,S tZ U VvA-k-oµ-i- M(NK ,�o�v S R ntres Lptease. Include name and dAytime 'tele*ltane0i nber).: _ hN 1 Slginafureiof As a ondiddte to a pro bric board. the rabOVA infbrmaEtton.vvfisl be available to the County Cqund� County 4X0MUVAr and Me pu.blio..