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Home My WebLink AboutPacket Nov 7 2007WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2007-380a CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator.. DH 09111107 R,. SLEEP 18 200' WHA' COM COUNTY COUNCIL 9/25/07 Introduction Division Head: o= 1:0/9/07 Hearing Dept. Head: 10/23/2007 NR/Counei.l Prosecutor: "4 r0 � � 11/07/2007 NR/Council Purchasin / et: Executive: TITLE OFDOCUMENT. Resolution to sell Tax -Title property by negotiation. Rea. #TR2007-02 ATTACHMENTS: Map SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMAL RYSTATEMENT OR LEGAL NOTICE LANGUAGE: The Property Management Committee determined the property be sold by negotiation as per R.C.W. 36.35.150(3); the property has an assessed value of less than five hundred dollars and the property is sold to an adjoining landowner. Parcel No. 400509.065097.0001 ALL MINERAL RIGHTS INCLUDING COAL -GAS -OIL IN OR UPON SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER IN SECTION 9 TOWNSHIP 40 NORTH RAGE 5 EAST OF W. M. SITUATE IN WHATCOM COUNTY, WASHINGTON For no less than the principal taxes, interest, penalties, title search and foreclosure costs of $412.04 COMMITTEE ACTION.• COUNCIL ACTION. 10/23/2007: Forwarded to Council with no 9/25/2007: Introduced committee recommendation 10/9/2007: Held in Committee — Natural Resources 10/23/2007: Held in Committee Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the Coun 's website at. www.eo.whatco»zwa.us/council. 20 Parcel No. 400509.065097.0001 21 ALL MINERAL RIGHTS INCLUDING COAL-GAS-OII_ IN OR UPON SOUTHWEST 22 QUARTER OF THE SOUTHWEST QUARTER IN SECTION 9 TOWNSHIP 40 NORTH 23 RAGE 5 EAST OF W. M. SITUATE IN WHATCOM COUNTY, WASHINGTON 24 By negotiation for no less than the minimum bid $412.04 25 BE IT FURTHER RESOLVED that said price shall not be allowed under contract 26 and shall be paid in either cash, certified check, or money order to the Whatcom 27 County Treasurer at the time of sale; and, 28 BE 1T FURTHER RESOLVED that said parcel shall be sold subject to restrictive 29 covenants allowing for imposition of Community Association fees, if any, as set forth in 30 Whatcom County Resolution No. 88-37; and, 31 BE IT FURTHER RESOLVED that this sale transfers to the owners all coal, oil, 32 gas, gravel, minerals, ores, fossils, timber or other resources on or in said land and the 33 right to mine for and remove the same in conformity with zoning regulations in force and 34 effect; and, 35 BE IT FURTHER RESOLVED that the Whatcom County Treasurer is hereby 36 directed to sell such property at not less than a certified price and said sale shall take 37 place in accordance with the duties as established in RCW 36.35.120. 38 APPROVED this day of , 2007. 39 4o ATTEST: 41 42 Dana Brown -Davis, Council Clerk 43 APPROVED AS TO FORM: 44 45 Civil gip' rosecuting Attorney WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Chair Page 2 2 SPONSORED BY: Consent PROPOSED BY: Treasurer INTRODUCTION DATE: RESOLUTION NO. TO SELL COUNTY TAX TITLE PROPERTY BY NEGOTIAI-ION REQUEST NO. 2007-02 1 WHEREAS, RCW 36.35.120 allows the County to sell real estate acquired by tax 2 foreclosure where it is found to be in the best interest of Whatcom County to sell the 3 same; and, 4 WHEREAS, the Whatcom County Property Management Committee determined s that the property has an assessed value of less than five hundred dollars and the 6 property is being sold to an adjoining landowner and recommends the resolution be 7 passed to effectively meet the legal requirement for the disposal by negotiation per s RCW 36.35.150(3); and, s WHEREAS, the Whatcom County Property Management Committee io recommends the Whatcom County Treasurer enter into negotiations with the adjacent ii property owners as well as the applicant; and, 12 WHEREAS, RCW 36.35.120 requires the Council to establish the minimum price 13 for said unit of property; and, 14 WHEREAS, the Whatcom County Code as well as the state law allows the 15 County to reserve from the sale coal, oil, gas, gravel, mineral, ores, fossils, timber or 16 other resources if the Council finds that it is in the best interest to reserve these; and 17 WHEREAS, the principal taxes, title search and foreclosure costs, total $412.04. is NOW, THEREFORE, BE IT RESOLVED that it is in the best interest of the i9 County to sell: Page 1 3 NOTICE: NOT TO SCALE ORDER NO: 7 6 6 This sketch is furnished as a courtesy only by First American Title Insurance Company, and it is NOT a part of any Title Commitment or Policy of Title Insurance. This sketch is furnished solely for the purpose of assisting in locating the premises and does not purport to show all highways, roads, or easements affecting the property_ No reliance should be placed upon this sketch for the location or dimensions of the property and no liability is assumed for the correctness thereof. a 1 I M. THEISEN r. I i 174 IN d , � f .' 7.3 t+�HATCOM COUNTY 5.0-A WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-432 CLEARANCES Initial Date Date Received in Council 9ff1ce Agenda Date Assigned to: Originator: ED) r �� I-- �' 1 I +` ' 11/7/07 Natural Resour,c Division Head. a,6 ,v� Linda Peterson r T (y Cj 1 3 0 L ry 0 Q7 6 1� �..t � iF. r� co 'r"idly itJ Dept. Head: Sam Ryan �� • Z{O ' a Prosecutor; Royce Buckingham a -2 rj-� r Purchasing/Budge!. Brad Bennett +ref Executive: Pete Kremen TITLE OFD CUMENT.• Outcomes of the Birch Bay Watershed Characterization Pilot Plan ATTACHMENTS: 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.) A draft watershed characterization pilot plan is available for Birch Bay. This study characterizes ecological processes, habitat conditions, and future growth to prioritize locations within the watershed for protection, restoration, and development. The work provides the local community with critical information regarding management options that would preserve or restore ecological systems while planning for growth consistent with the Birch Bay Sub Area Plan. The County Council approved expenditures for this project on February 13, 2007. This presentation is aimed at describing the Land Use management recommendations and discussing what comes next. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.uslcouncil. L\2 Planning DivisionlCouncillagenda bill For BB Pilot.doc 5 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007--397 CLEARANCES Initial Date Date Received in Council Office A ends Date Assigned to: Originator: PK I0/0 Z/07G, G �% L'-"; U J � ` O � L�! 0 { r { C O ` C01-HINTY L.': iIi'•[ 's!_ IO/09/07 Finance /Council Division Head: 1{1/23/07 Natural ResourcesDept. Head: Prosecutor Purchasing/Budget: Executive: o- �o SUBJECT: Lake Whatcom Reservoir and Watershed — New Management Proposal ATTACHMENTS: Memo from County Executive and Mayor Management organizational charts — current and proposed SEPA review required? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes, ( x ) NO Requested Date: SUMMARYSTATEMENT.• The County Executive and Mayor of Bellingham are proposing that the respective Councils discuss and consider approving an expanded model for management of the Lake Whatcom Reservoir and the surrounding watershed. This new model will require the adoption of a new lnterlocaI Agreement between the County and City which would describe the new management organization, outline duties of the additional staff, describe how the new management team interfaces with current staff of the City and County, and provide funding of the program on an ongoing basis. Committee Action 10/9/2007: Forwarded to Council for approval Nelson Opposed 10/23/2007: Discussed Distribution Request Indicate those who should receive a copy after Council action. List specific nanres to the right, ADS Facilities Management ADS Finance ADS Hunian Resources ADS Info Services Assessor Auditor Cooperative Extension District Court Executive health Hearing Examiner Jail COUNCIL ACTION TAKEN: 10/9/2007: Council Approved 5-2 Brenner & Nelson opposed Juvenile Parks Planning Prosecutor Public Works Sheriff Superior Court Related County Contract #: Treasurer Other Related File Numbers: Ordinance or Resolution Number (this item): MEMO TO: County Council, City Council FROM: County Executive Pete Kremen, Mayor Tim Douglas RE: Lake Whatcom Reservoir - Cooperation, Coordination, and Accountability for a Long -Term Healthy Lake DATE: October 2, 2007 Whatcom County and the City of Bellingham are fully committed to the protection of our irreplaceable water resource, the Lake Whatcom Reservoir. Both the City and the County wish to move forward with an initiative to enhance the effectiveness of the stewardship role we play for future generations in assuring a long-term healthy lake. To achieve a long-term healthy lake requires the dedication and constant vigilance of all members of the community. Recent development activities in the watershed have demonstrated that the City and County need to take the next step and work even more closely to strengthen our stewardship role. Our proposal is to create a new management structure and provide dedicated staff resources to enhance the coordination and oversight of the Lake Whatcom Reservoir, including: • Resources for unified planning efforts to develop consistent watershed regulations • An expanded commitment to regulatory compliance and public education about the importance of those regulations • A management structure that would have the capability and structure to be more readily available, responsive, and accountable in promoting our joint efforts to protect the lake The County and City Administrations are proposing that the County Council and the City Council jointly fund dedicated staff to oversee our active management of the Lake Whatcom Reservoir. Currently both jurisdictions spend significant staff time and resources on a number of lake -related protection initiatives, from land acquisition to storm water treatment and beyond. We believe the staffing assignments of the City and County are not sufficient to achieve the goals and objectives that have been set by the joint councils. A unified, full time and dedicated staff is necessary to provide accountability and focus on the most 7 important program efforts that can be deployed on behalf of the entire watershed and reservoir. This will include joint planning and regulatory development, as well as enhanced education on watershed regulations. We view this initiative as a key next step in enhancing coordination and education on the regulations serving the watershed as well as positive approach to regulatory compliance. Attachment "A" illustrates the current organizational structure and Attachment "B" illustrates the new proposed management model. This new management model would be established through an Interlocal Agreement between the County and' City in keeping with the following goals/concepts: • Elevate the visibility of Lake Whatcom Reservoir protection efforts by creating a Lake Whatcom Director position that reports directly to the County Executive/Mayor • Provide joint funding for dedicated staff positions, with particular focus on developing consistent watershed planning regulations, public education and code compliance • Enhance the program action steps with measurable results • Provide a clear path for accountability • Create a coordinated strategy for communicating the program objectives and results on an ongoing basis to the community • Provide the resources to make a more concerted effort to seek other funding/grants/donations for watershed protection programs • Enhance coordination with other local governmental entities, water districts, State agencies and others who are stakeholders in the protection of the watershed Action Requested: The County and City Administrations seek authorization from their respective Councils to draft an Interlocal Agreement establishing a new joint managemeEicowtng the model in Attachment "B". This Interlocal Agreement would be brought back to the respective Councils for approval. Funding for the program would then be supported and included in each jurisdiction's 2008 budget. r. M A N cn O 0- 0 n 10 WHATCOM COUNTY COUNCIL AGENDA BILL NO_ 2007-429 CLEARANCES initial Date Date Received in Council Office Agenda Assigned to: Date originator., PX 10/30/07 11/07/07 Natural Resources � r r , I.� � ) IE i�/> � G �� M Committee Division Head: Dept. Head: �' IT �? u[ Prosecor: � FIA li.[►' N4, COUNTY C 0 U N G `L Purchasin /Bud et: Executive: [� y J �7 -5D—` 7 TITLE OF DOCUMENT. An update and discussion on a preliminary hydropower permit application for Cascade Creek Hydroelectric Power project in Petersburg, Alaska ATTACHMENTS: 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 speciftc and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Presentation and discussion on this preliminary permit application through the Federal Energy Regulatory Commission for an opportunity to participate in the creation of a renewable energy resource that could potentially have a long-range benefit for the County. COMMITTEE ACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 11 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-426 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 10123107 Intro Originator'- 11/07/07 Finance Division Head: � G_d (- G V Committee; C Cl T 1 6 2007 ALA7 C V M COUNTY Council Dept. Head: �v J f v%}% Prosecutor: r [7 Purchasin /Bud et: COUNCIL Eecutive: TITLE OF DOCUMENT. 2007 Supplemental Budget Request #12 ATTACHMENTS. Ordinance, Memoranda & Budget Modification Requests SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes { X ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARY STA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you mustprovide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Supplemental #12 requests funding from the General Fund. (1) To appropriate $38,491 in Non Departmental to fund additional December 2007 animal control operating costs and additional inventory costs. COMMITTEE ACTION.• COUNCIL ACTION. 10/23/2007: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number. 12 SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: 10/23/07 ORDINANCE NO. AMENDMENT NO. 12 OF THE 2007 BUDGET WHEREAS, the 2007-2008 budget was adopted November 8, 2006; and, WHEREAS, changing circumstances require modifications to the approved 2007-2008 budget; and, WHEREAS, the modifications to the budget have been assembled here for deliberation by the Whatcom County Council. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 2007- 2008 Whatcom County Budget Ordinance #2006-054 is hereby amended by adding the following additional amounts to the budgets included therein: Expenditures Revenues Net Effect General Fund - Non -Departmental 38,491 0 38,491 Total Add'I Supplemental 38.491 0 38.491 ADOPTED this day of , 2007. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED AS TO.,FORM Civi osecutor Carl Weimer, Chair of the Council ( ) Approved ( ) Denied Pete Kremen, County Executive Date: 13 WHATCOM COUNTY Summary of the 2007 Supplemental Budget Ordinance No. 12 Net Effect to Fund Increased Balance Expenditure (Increased) (Increase) Department/Fund Description Decrease Revenue Decrease General Fund To fund additional December 2007 animal control operating costs and Non -Departmental additional inventory costs. 38,491 - 38,491 Total Add'I Supplemental 1 1 38,491 - 38.491 14 Supplemental Budget Request status: Pending Non -Departmental supp i ro # 526 Fund 9 Cost Center 4300 Originator. Tawni Helms Expenditure Type: One -Time Year 1 2007 Add'[ FTE ❑ Add'[ Space ❑ Priority 1 Name of Request. Animal Control costs for December 2007 XAZI /vizQ Departure Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($38,491) 6510 Tools & Equip $19,838 6610 Contractual Services $18,853 Request Total $0 Ia. Description of request: The current animal control provider contract ends Nov. 30, 2007. The new provider contract begins December 1, 2007. This 13 month service contract includes the month of December 2007 and exceeds the amount allocated in the 2007 animal control operating budget. 9b. Primary customers: Residents of Whatcom County. 2. Problem to be solved: The current Animal control contract expires November 30, 2007. The new provider contract was negotiated at a higher operational cost that exceeds the 2007 animal control appropriation. One time start up costs that include the purchase of equipment and vehicles are also associated with this increase. 3a. Options / Advantages: Delay the transition between providers. Changing providers sooner was recemmended to encourage a smooth transition and no loss of service for our public. 3b. Cost savings: 4a. Outcomes: No loss of animal control services during the vendor transition. Newly hired staff will receive appropriate training before the new contractor begins. 4b. Measures: Animal control and shelter services will continue throughout the vendor transition. 5a. Other Departments/Agencies: Executive Office will manage the contract. 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: general fund Friday, October 12, 2007 Rpr: Rpr Supp! Regular 15 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-427 CLEARANCES .initial Date Date Received in Council Office Agenda Date Assigned to: 10123107 Intro Originator 11/07/07 Finance Division Head: C� r �, 1 �l E 11D Committee; C'CT 1 6 2007 Council Dept. Head: WHATCOM COUNTY [ C0 U N1 I L Prosecutor: G 1� G�� Purchasin /Bud et: � � � � � I �Ij/J /"Q—rI6 -07 Executive: TITLE OF DOCUMENT: 2008 Supplemental Budget Request #1 ATTACHMENTS: Ordinance, Memoranda & Budget Modification Requests SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes • ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a puhlic hearing, you must provide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Supplemental #1 requests funding from the General Fund. (1) To appropriate $116,368 in Non -Departmental to fund additional 2008 animal control operating costs. (2) To appropriate $82,287 in Juvenile Court Administration to fund CASA program implementation. From the Equipment Rental & Revolving Fund. (3) To appropriate $9,000 to fund animal control vehicle operating costs. COMMITTEEACTION: COUNCIL ACTION. 10/23/2007: Introduced Related County Contract #. Related File Numbers: Ordinance or Resolution Number: 16 SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: 10/23/07 ORDINANCE NO. AMENDMENT NO. 1 OF THE 2008 BUDGET WHEREAS, the 2007-2008 budget was adopted November 8, 2006; and, WHEREAS, changing circumstances require modifications to the approved 2007-2008 budget; and, WHEREAS, the modifications to the budget have been assembled here for deliberation by the Whatcom County Council. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 2007- 2008 Whatcom County Budget Ordinance #2006-054 is hereby amended by adding the following additional amounts to the budgets included therein: Expenditures Revenues Net Effect General Fund Non -Departmental 116,368 0 116,368 Juvenile Administration 82 287 (75,000) 7,287 Total General Fund 198,655 7{ 5,000) 123,655 Equipment Rental & Revolving 9,000 22 200) L13 200 Total Add'I Supplemental 2 7 97 20 0 455 In addition, Exhibit B to the 2007-2008 Budget Ordinance entitled "Authorized Positions" should be amended to include the following FTEs: Add 1 FTE CASA Volunteer Coordinator in Juvenile Court Administration. ADOPTED this day of , 2007. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Cleric APPROVED.A -TO.FORM: f C i v I _1Z p t' secutor Carl Weimer, Chair of the Council ( ) Approved ( ) Denied Pete Kremen, County Executive Date: I:\BUDGET\SUPPLS\2007_Suppl\Supplementa1 #1-2008.doc 17 WHATCOM COUNTY Summary of the 2008 Supplemental Budget Ordinance No. 1 Net Effect to Fund Increased Balance Expenditure (Increased) (Increase) Department/Fund Description Decrease Revenue Decrease General Fund To fund additional 2008 animal control operating Non -Departmental costs. 116,368 - 116,368 To fund CASA program Juvenile Administration implementation. 82,287 75,000 7,287 Total General Fund 198,655 (75,000) 123,655 Equipment Rental & To fund animal control Revolving vehicle operating costs. 9,000 (22,200) (13,200) Total Add'I Supplemental 207,655, (97,2=1 110,455 I:\BUDGET\SUPPLS\2007_Suppl\Supplementa1 #1-2008.doc 18 Supplemental Budget Request Status: Pending Non -Departmental supp l ID Fund 9 Cost Center 4300 Originator. Animal Control Expenditure Type: One -Time Year 2 2008 AddI FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Animal Control Service Whatcom Humane Society X ,P'U De6artment 0ead Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($116,368) 6610 Contractual Services $116,368 Request Total $0 la. Description of request: Development of new animal control contract exceeded budget appropriation for 2008. New contract includes additional wages and benefits, equipment, utilities and maintenance not included in previous contract. 1b. Primary customers: Whatcom County residents 2. Problem to be solved: New Animal Control services contract exceeds budget appropriation for 2008. 3a. Options / Advantages: Seek other vendor. Only qualified vendor responded to RFQ. 3b. Cost savings: 4a. Outcomes: Smooth vendor transition with no loss of animal contollshelter services to the public. 4b. Measures: Animal control services will continue during transition between two contractors. New contractor will move staff and equipment into county owned facility without loss of service to the public. 5a. Other Departments/Agencies: Executive Office will manage the contract. . 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: General Fund Friday, October 12, 2007 Rpt: Rpt Suppl Regular 19 WHATCOM COUNTY JUVENILE COURT ADMINSTRATION 311 Grand Avenue # 501 Bellingham, WA 98225 MEMORANDUM TO: Pete Kremen, County Executive Whatcom County Council FROM: David Reynolds; Juvenile Court Administrator RE: Supplemental Budget Request DATE: October 8, 2007 DAVID REYNOLDS Director The County Executive and the County Council have been requested to enter into an interagency agreement with the Washington State Administrative Office of the Courts to create and implement a court -ordered special advocacy (CASA) program in Whatcom County. This Supplemental Budget Request covers the start-up costs and 2008 operating costs of this new program. The program will require hiring one FTE CASA Volunteer Coordinator to recruit, supervise and train community CASA volunteers. The program will be housed in Juvenile Court Administration on the 5th floor of the Courthouse. Based on experience, Juvenile Court Administration estimates that it will take three years to operate the program in full capacity. Whatcom County has traditionally contracted out its Title 13 dependency guardian ad litem cases. DSHS dependency filings have increased dramatically over the last few years. Whatcom County is now contracting for five full-time guardian ad litems. Dependency filings are expected to continue to increase in the upcoming years. CASA programs currently operate in 33 of the 39 counties in Washington. Guardian ad litem programs in the 38 other counties of Washington are composed of CASA programs, in-house guardian ad litem programs and contracted guardian ad litem services. Some programs are strictly CASA programs. Some have a mixture of CASA, in-house GALs and contracted services. We are the only county in the state of Washington that entirely contracts out our dependency guardian ad litem services. Juvenile Court Administration and Superior Court propose that Whatcom County take advantage of,state funding opportunities to implement a Court Appointed Special Advocates (CASA) program. When fully. implemented and staffed with one FTE CASA Volunteer Coordinator, trained volunteers will provide services for 75 - 90 children. In 2006, the average guardian ad litem case cost was $1,324. This program has the potential to save the County $100,000 per year when fully implemented. The Washington State Legislature has set aside funds for CASA programs statewide. Fund allocations a.re based on the number of dependency filings in each county. Whatcom County has been allocated $100,000.for the 2007-2009 state biennium. Please contact Juvenile Court Administrator David Reynolds at extension 50143 if you have any questions or concerns regarding this request. v 1.0 20 Supplemental Budget Request Status: Pending Juvenile Administration Supp_ ro # 51s Fund ? Cost Center Expenditure Type: One -Time Year 2 2008 Name of Request: CASA Program Originator: M Caldwell/Dave Reynolds Add'I FTE ❑ Add'] Space ❑ Priority X ro y Department Head Si ature {Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 4334 Fund Balance ' i State Grants j ($7 287) ($75 000) 6110 6210 Regular Salaries & Wages Retirement ii $41,863 $3,031 6230 6245 Social Security Medical Insurance $3,203 $9,652 6255 6259 Other H&W Benefits Worker's Comp-Intertund $1,403 $624 $209 5269 6320 6510 5719 Unemployment-Intertund Office & Op Supplies Tools & Equip Postage-Intertund $500 $10,000 $300 5780 6810 Travel-Educriraining Advertising $1,500 $1,000 $3,500 6869 7110 7190 Equip Rental-Interfund Registration/Tuition Other Miscellaneous $1,100 $4,392 Request Total _h $0 1 la. Description of request: Juvenile Administration, Superior Court and the Executive's Office propose that Whatcom County take advantage of state funding opportunities to implement a Court Appointed Special Advocates (CASA) program. The program would be housed in Juvenile Administration facilities on the 5th floor of the Courthouse. Initial implementation will require hiring one FTE CASA Volunteer Coordinator. The CASA Volunteer Coordinator will work for the Juvenile Court Administrator. The Coordinator will be trained by Washington State CASA to administer the program, recruit, train and monitor up to 30 volunteer guardian ad litems. The Coordinator will also be trained to provide guardian ad litem services. The Juvenile Court Administrator has past experience from Lewis County overseeing a CASA program. 1b. Primary customers: Children in dependency cases. 2. Problem to be solved: The problem we are trying to address is dramatically increasing costs for guardian ad litem services as a result of state -initiated dependency filing increases. Whatcom County has traditionally contracted out its Title 13 dependency guardian ad litem cases at $55 per hour. DSHS dependency filings have increased dramatically over the last few years. Whatcom Monday, October 08, 2007 Rpr: Rpr Suppi Regular 21 Supplemental Budget Request Juvenile Administration Status: Pending Supp'l !D # 4519 Fund 9 Cost Center Originator: M Caldwell/Dave Reynolds County is now contracting for five full-time guardian ad litems. Amounts spent on these contracts have also risen dramatically over the past few years. In 2003 we paid $155,973 for these services, in 2007 it is projected that these services will cost us over $415,000 which is a 166% increase in 4 years or almost 28% per year. There is general agreement that we have not seen the peak in dependency filings yet. CASA programs currently operate in 33 of the 39 counties in Washington. Guardian ad litem programs in the 38 other counties of Washington are composed of CASA programs, in-house guardian ad litem programs and contracted guardian ad litem services. Some programs are strictly CASA programs. Some have a mixture of CASA, in-house GALs and contracted services. We are the only county in the state of Washington that entirely contracts out our dependency guardian ad litem services. In the 2007-2009 biennial budget, the State of Washington has set aside $100,000 for Whatcom County to use to implement a CASA program. 3a. Options /Advantages: Options: 1.) Continue to exclusively use contracted guardian ad litem services with no lid on ever increasing costs. We will continue to add more contracted FTEs as necessary to keep up with the increasing demand. The services provided are high quality but will eventually result in Whatcom County having to cut services in other areas to fund this area. 2.) Hire in-house guardian ad litem services. This may be a financially feasible alternative to our current system if we can provide quality services for less than $55 per hour. However, it also does not address the growing demand for GAL services without adding more and more resources in the future. 3.) The CASA program has a reputation of providing quality services at a reduced cost. At this point, the program would not replace other GAL service options but would supplement the other service options and provide a release valve for increasing caseloads and costs. 3b. Cost savings: Estimated 2008 cost savings from volunteers handling dependency guardian ad litem cases rather than contracting these services out is projected to be $9,938. (5 volunteers by the end of year 1, 3 cases per volunteer, $1,325 estimated annual case cost, volunteers providing services for 6 months = 5 X 3 X $1,325/12 mos X 6 mos) 4a. Outcomes: National CASA caseload standards recommend no more than 30 volunteers per CASA coordinator. Volunteer caseload standards are 3 per volunteer or a total of 90 cases per CASA coordinator. We anticipate starting slow and expecting no more than 5 volunteers handling no more than 15 cases by the end of 2008. We anticipate adding 5 more volunteers every six month period until the program is fully implemented and maintaining 25-30 volunteers by June 30, 2011. 4b. Measures: Success will be measured by the number of cases being successfully handled by volunteers by the June 30, 2011. The program should be providing quality services for 75 - 90 children by the end of that time period. 5a. Other Departments/Agencies: Superior Court - instead of assigning all dependency guardian ad litem cases to a contracted service agency, judges will also be assigning cases to CASA volunteers. 5b. Name the person in charge of implementation and what they are responsible for: N.F. Jackson and the Superior Court Judges/Commissioners will need to coordinate with Dave Reynolds concerning all issues affecting both the contracted guardian ad litem program and the volunteer guardian ad litem program. 6. Funding Source: $75,000 state CASA grant funding supplemented by $7,287 general fund monies. Monday, October 08, 2007 Rpl • Rpf Suppl Regular 22 Supplemental Budget Request Status: Pending Public Works Equipment Services Supp'11D # 524 Fund 501 Cost Center 501100 Originator. Kellie Eiswald Expenditure Type: Ongoing Year 2 2008 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Animal Control KI rtment H¢ad Signature (Required on Hard Copy Submission) Date Costs: Object 4365.1030 6410 Request Total Object Description Other Interfnd Rentals Fuel Amount Requested -($22,200) $9,000 ($13,200) la. Description of request. Additional monthly rental revenue for three vehicles for the Animal Control operation. - One 112 Ton 4x4 Pickup $5501month $6,6001 year. - Two 314 Ton 4x4 Pickups $6501month $15,6001year. Fuel - Three vehicles @ $2501month $9,0001year. 1b. Primary customers: 2. Problem to be solved: 3a. Options /Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: Tuesday, October 09, 2007 Rpt: Rpt Suppi Regular 23 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-420 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator.- ( IL�-��- fi �7 — 1` / 1l� 1`J I0/23/07 Introduction I1/07/07 Division Head: C CI T 1 6 2007 Dept. Head: WHATCOM COUNTY COUNCIL Proseculor: Q2 -� Purchasin /Bud et: �J J / 0/12/ n Executive: TITLE OF DOCUMENT: A Resolution Authorizing The Levy Of Taxes for the Whatcom County Flood Control Zone District for 2008 ATTACHMENTS: Proposed Resolution SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMAR Y 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.) The proposed resolution adopts the Natcom County Flood Control Zone District 2008 tax levy. COMMITTEE ACTION. COUNCIL ACTION. 10/23/2007: 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 on the Coun 's website at. www.co.whatconi.wa.us/council. 24 INTRODUCED BY: Consent PROPOSED BY: County Executive DATE: October 23, 2007 A Resolution by the Governing Body of the County -wide Flood Control Zone District, Hereinafter referred to as the Whatcom County Flood Control Zone District (WCFCZD) RESOLUTION NO. AN RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT (WCFCZD) FOR THE YEAR OF 2008 WHEREAS, RCW 86.15.160(3) authorizes the Board of Supervisors of the Whatcom County Flood Control Zone District (WCFCZD) to impose an ad valorem property tax levy of up to fifty cents per thousand dollars of assessed value upon real property within the district; and WHEREAS, the Board of Supervisors of the WCFCZD has reviewed the proposed annual budget, including all sources of revenues and anticipated expenditures; and, WHEREAS, the biennial budget provides detailed listings of various revenues including property taxes; and, WHEREAS, the FCZD has held a public hearing concerning the biennial budget, the propertytax rates, and revenues included therein. NOW, THEREFORE, BE IT RESOLVED by the WCFCZD Board of Supervisors that an increase in the regular WCFCZD property tax levy, in addition to any amount resulting from the addition of new construction and improvements to property and any increase in the value of state -assessed property, is hereby authorized for the 2008 levy in the amount of $ -0-, which is a percentage increase of 0% from the previous year. ADOPTED this day of )2007. WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Carl Weimer, Council Chair APPROVED AS TO FORM: O APPROVED {) NOT APPROVED ivil Deputy Pra utor Pete Kremen, Executive Date: Page 1 25 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-420A CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: Originator: Weimer & Fleetwood CWSF 10130107 IL17107 Financellntroduction Division Head: 11/20/07 Hearing Dept. Head: Prosecutor: Purchasing/Bridget: Executive: TITLE OF DOCUMENT. A RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT (WCFCZD) FOR THE YEAR 2008 ATTACHMENTS: Proposed resolution SEPA review required? ( } Yes ( X } NO Should Clerk schedule a (rearing? ( X } Yes ( } NO SEPA review completed? ( } Yes ( } NO Requested Date: 10120107 SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public (tearing, 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 proposed resolution adopts the Whatcom County Flood Control District 2008 tax levy. This resolution is an alternative version for Council consideration, and is meant as a temporary source of funding to start implementation of the more than 450 water -related tasks identified by the Comprehensive Water Resource Integration Project which are already required by law or included in approved plans. This funding would allow the County to move forward on some of these important tasks while working to identify a comprehensive funding, management, and governance mechanism. 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. Sponsored by: Proposed by: Weimer and Fleetwood Introduction date: A Resolution by the governing body of the County -wide Flood Control Zone District, hereinafter referred to as the Whatcom County Flood Control Zone District (WCFCZD) RESOLUTION NO. A RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT (WCFCZD) FOR THE YEAR zoos WHEREAS, RCW 86.15.160(3) authorizes the Board of Supervisors of the Whatcom County Flood Control Zone District (WCFCZD) to impose an ad valorem property tax levy of up to fifty cents per thousand dollars of assessed value upon real property within the district; and WHEREAS, the Board of Supervisors of the WCFCZD has reviewed the current biennial budget, including all sources of revenues and anticipated expenditures; and WHEREAS, the biennial budget provides detailed listings of various revenues including property taxes; and WHEREAS, the Whatcom County Flood Control Zone District is authorized under RCW 86.15.080 to, among other things, exercise all powers vested in a county under various statutes for flood control and stormwater control purposes; construct, maintain and operate facilities and improvements to control, conserve and remove flood and storm waters for purposes including protection of water quality; protect life and property from flood water damage; acquire necessary property, property rights, facilities and equipment necessary to the purposes of the zone; participate in cooperative watershed management actions for purposes of water supply, water quality, and water resource and habitat protection and management; and WHEREAS, Whatcom County has approved a variety of ordinances and plans including the WRIA 1 Watershed Management Plan, the WRIA 1 Salmonid Recovery Plan, the Critical Areas Ordinance, the Shoreline Management Plan, the Comprehensive Flood Hazard Management Plan, the Drayton Harbor Water Recovery Plan, the Portage Bay Water Recovery Plan, the Lake Whatcom Management Program, the Whatcom County Comprehensive Water Resource Plan, the Birch Bay Stormwater Management Plan, and others; and WHEREAS, Whatcom County has undertaken a Comprehensive Water Resources Integration Project to identify required and approved water improvement tasks, prioritize those tasks, and provide recommendations for management and funding; and WHEREAS, the Comprehensive Water Resources Integration Project has identified over 450 required and approved tasks, the majority without funding; and WHEREAS, the Lake Whatcom Stormwater Management Plan and the Department of Ecology's Total Maximum Daily Load for Lake Whatcom will soon be released requiring greater funding; and 27 WHEREAS, the Whatcom County Executive and the Mayor of Bellingham are preparing an interlocal agreement for a more focused, joint effort to halt the decline in the water quality of the Lake Whatcom Drinking Water Reservoir; and and WHEREAS, time is of the essence to generate funding for some of these programs; WHEREAS, levy rates need to be set now if funding is to be available in 2008; and WHEREAS, under the terms of Ordinance 98-085, the affairs of the District are to be administered under the same division of administrative and legislative authority as those of the County under its home rule charter; and WHEREAS, under the Whatcom County Home Rule Charter Section 6.60, 6.70, and 6.72 funds generated by this levy in excess of the revenues projected in the 2007-2008 budget are considered "additional funds" subject to appropriation by emergency appropriation ordinance of the Council. NOW, THEREFORE, BE IT RESOLVED by the WCFCZD Board of Supervisors that an increase in the regular WCFCZD property tax levy, in addition to any amount resulting from the addition of new construction and improvements to property and any increase in the value of state -assessed property, is hereby authorized for the 2008 levy in the amount of $ 2,907,831.13, which is a percentage increase of 100 % from the previous year; and BE IT FURTHER RESOLVED by the WCFCZD Board of Supervisors that the funds generated by this levy in excess of the revenues projected in the 2007-2008 budget will be appropriated by emergency appropriation resolution of the Board of Supervisors as specified in Exhibit A. The Board of Supervisors requests the County Executive, acting in his administrative capacity for the Board of Supervisors of the Whatcom County Flood Control Zone District, to prepare and present budget and appropriation resolutions consistent with Exhibit A to the Board of Supervisors no later than its first meeting in March, 2008. ADOPTED this day of ATTEST: 2007. WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS WHATCOM COUNTY, WASHINGTON Dana Brown Davis, Clerk of the Council Carl Weimer, Chair APPROVED AS TO FORM: Civil Deputy Prosecutor QQ Exhibit A Appropriation of Increased Flood Control Zone District Revenue for 2008 1. $1,200,000 for water programs that fall within the authorized powers of the District and that are currently being funded by the Whatcom County General Fund, with the understanding that budget amendments for the general fund dollars freed up by this action will be brought to the County Council to budget funds for: a. Needed additions to Whatcom County's Planning & Development Services Long Range Planning staff b. Two additional deputies within the Sheriff's Department c. Remainder to reserves 2. The remainder of the increase will be used to fund high priorities from the Comprehensive Water Resource Integration Project that are currently unfunded. 29 Scenario for Doubling Flood Control Zone Funding Through Use of Banked Capacity 2007 Flood Control Zone Fund generated by $0.14354/$1000 assessed value $2,910,854 In 2008 an increase in the Flood Control Zone levy to approximately $0.26582/$1000 valuation would double the revenue for the fund $5,821,708 Approximate increased cost to owner of $300,000 property $36.68 Uses for increased Flood Control Zone Fund 2008 General Fund ASRs that would be supported by new Flood Funds Amount Water Resources Support $250,000 OSS Program $284,359 OSS Vehicles $35,625 Lake Whatcom Reconveyance $330,500 Salmon Enhancement Contract to NSEA $40,000 Conservation District CPAL $150,000 Current General Fund Expense that would be supported by new Flood Funds PDS - CPAL Enforcement/Education Position $60,000 PDS - CAO/SMP Enforcement $60,000 Subtotal of Freed Up General Funds $1,210,484 New Programs Priorities from Water Integration Project Uses for freed up General Fund Money Additional Staff for Long Term Planning Additional Sheriff Deputies Reserves $1,700,370 Total $2,910,854 $200,000 $250,000 $760,484 Total $1, 210,484 30 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-422 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: r� I_ sy P _ _, L �� fl I023107 Introduction ll/07/07 Division Head: CIC T 1 6 2007 U Dept Head: WHATCOM COUNTY COUNCIL Prosecutor: Purchasin Bud el: 1 t�r�� 0 Executive: TITLE OF DOCUMENT. Adoption of an Ordinance Authorizing the Levy of Taxes for County Conservation Futures Purposes for 2008 ATTACHMENTS: Proposed Ordinance SEPA review required? ( ) Yes (X ) 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 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 proposed ordinance adopts the "atcom County 2008 tax levy for Conservation Futures. COMMITTEE ACTION. COUNCIL ACTION: 10/23/2007: 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 on the Coun 's website at. www.co.whatcom.waus1council. 31 INTRODUCED BY: Consent PROPOSED BY: County Executive DATE: October 23, 2007 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY CONSERVATION FUTURES PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE YEAR OF 2008 PURSUANT TO HOME RULE CHARTER SECTION 6.10 WHEREAS, pursuant to Home Rule Charter Section 6.10 the County Executive is required to submit for Council consideration a budget and proposed tax and revenue ordinances necessary to raise sufficient revenues to balance the budget; and, WHEREAS, the County Council has approved a budget, for the 2007-2008 biennium, including all sources of revenues and anticipated expenditures; and, WHEREAS, the biennial budget provides detailed listings of various revenues including property taxes; and, WHEREAS, the County Council has held a public hearing concerning the biennial budget, the property tax rates, and revenues included therein. NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED by the Whatcom County Council that an increase in the regular Conservation Futures property tax levy, in addition to any amount resulting from the addition of new construction and improvements to property and any increase in the value of state -assessed property, is hereby authorized for the 2008 levy in the amount of $ -0-, which is a percentage increase of 0% from the previous year. 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: ( ) APPROVED ( ) NOT APPROVED ivil Deputy Pros or Pete Kremen, Executive Date: Page 1 32 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-4 3 CLEARANCES Initial Date Date Received in Council O ice A enda Date Assigned to: Originator- DR 10-15-07 0 C T 3 0 2097 l� I 11/7/07 Finance/Council Division Head. - Dept —Head.- DR 10-15-07 Prosecutor: ! WHATC C M COUNTY COUNCIL Purchasing/Budget: (3 j 1OV16 o`1 Executive: I IP —30-97 TITLE OF DOC MENT: JDAI Contract Agreement Between 9%atcom County and the Governor's Juvenile Justice Advisory Committee ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date. SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must 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.) Council is requested to approve agreement between Executive and Governor's Juvenile Justice Advisory Committee for services rendered under the Juvenile Detention Alternative Initiative. Whatcom County is one offive Washington Juvenile Courts participating in this nation wide initiative. 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.whatcomwa.us/council. 33 WHATCOM COUNTY JUVENILE COURT ADMINSTRATION 311 Grand Avenue # 501 Bellingham, WA 98225 MEMORANDUM DAVID REYNOLDS RECEIVED OCT 15 2007 TO: Pete Kremen, C unty Executive PErE KREMEN FROM: David Reynold , Juvenile Court Administrator COUNTY EXECUTIVE RE: Contract Amendment with the Governor's Juvenile Justice Advisory Committee. DATE: October 3, 2007 Director Enclosed are two (2) originals of the County Program Agreement between Whatcom County and the Washington State Juvenile Justice Advisory Committee (GJJAC) for your review and signature. ■ Background and Purpose Whatcom County was originally awarded this grant relating to the Juvenile Detention Alternative Initiative in July of 2004. Whatcom County was again awarded this grant for the period of July 1, 2007, through June 30t`, 2008. Funding Amount and Source This $58,748.00 grant is through the Governor's Juvenile Justice Advisory Committee, funding is a mixture of state monies set aside for this purpose, and private funds provided through the Annie E. Casey Foundation. ■ Differences from Previous Contract The previous grant was for a 3 year period ( July 1, 2004-June 30t`, 2007). This grant is for the fiscal period of July 1, 2007-June 30", 2008 Please contact me at extension 50143, if you have any questions or concerns regarding the terms of this agreement, Encl. Contract for Services Agreement HOME PORT LEARNING CENTER Page 9 v 1.0 34 Whatcom County Contract No. WHATCOM COUNTY CONTRACT INFORMATION SHEET Originating Department: Juvenile Services Contact' Person: David Reynolds Governor's Juvenile Justice Advisory Committee Contractor's Name: Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes / No Yes _X No If an Amendment, previous number(s): 4 - v Is this a renewal? Yes _ No Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15,000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $ 58il ys,00 memo. Any amendment that provides either a 10% increase in amount or more This Amendment Amount: than $10, 000, whichever is greater, must also go to Council and will need an $_, 0 agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: Executive with supporting memo for approval. $_, _-3vYY.00 Scope of Services This grant provides ongoing technical support to Whatcom County in' objectively identifying and developing research based alternatives to detention. The long-term goal of this project is to assure we always have room in detention for those youth who need to be obtained, while providing alternatives to those who don't, and always assuring public safety. Nature of Contract Amt: ( Check one) Fixed Amount Not to Exceed X Open Ended _ Term of Contract: July I, 2007 Expiration Date: June 3e, 2008 Renewal Option Yes _ _ No _X_ Last Renewal Expires: Special Dates or clauses that require calendaring: L_ Contract Routinz Steps & Skenoff [sien or initiall [indicate date transmitte 1. Prepared by: D. Reynolds Date_October 3, 2007 [electronic] 2. Attorney reviewed: Date /O "7 [electronic] 3. AS -Finance reviewe : Date Al aV&J [electronic] 4. Corrections made: Date electronic] hard copy printed 5. Attorney signoff Date 6. Contractor signed: Date 7. Submitted to Exec Office Date /0 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 Contract for Services Agreement HOME PORT LEARNING CENTER Page 2 v 1.0 35 COUNT ORIGINAL = wrerQine sreir OFFICE OF JUVENILE JUSTICE (OJJ) WkaftDIm Couf¢ h-friLef t b - 7111I� VcyawucHLULJULIdl JUVtINILt Ut I tIN I IUIN ALI CKNA I IVtS 1 1 &Nealthsavices CONTRACT NUMBER ., —___" = " �''=�=' =' =1�E_ USE=.ONLI-==-=L- ' r+isA Management Services INITIATIVE GRANT APPLICATION 1 D/J��1 DATES Administration Please read all instructions carefully. 1 "'''� 1 PROGRAM AREA ry n For assistance, contact the Department Of Social and Health Services (DSHS) AUG 0 2 LQu AUG Office of Juvenile Justice at (360) 725-3600 or FAX (360) 407-0152. 1E JUSTICE �1=eL-IC 't![T•_D0=NQ1;:U,SEtiPER50-..N_S:NAME�t;� ... • -._._��-...::-°��_�-'=__-'_.:_-.-:_•_:_::_:.. _::::,_.__.-== -----�,��:_:-�:.::;�_,_..._.:._...,._..__,�..y:.�.,..,:__._...._-.�-.._._�,_ AGENCY NAME TELEPHONE NUMBER FAX NUMBER Whatcom County Juvenile Court Administration (360) 676-6780 (360) 738-2515 STREET ADDRESS CITY STATE ZIP CODE 311 Grand Avenue # 501 Bellingham WA 98225 MAILING ADDRESS CITY STATE ZIP CODE 311 Grand Avenue # 501 Bellingham WA 98225 :2:.I�ifIE_L'-EIIA��7TtrJ_GGEI�G?(;yDTGt1C�1P�1RTiNENT:ORLON:TRACT.O.R!�IREC7LY•IMPL__LMEN'T1N�STHEP.RO.IEG'T D.O.NQT•:,IISE':PSRSQN55NAiVl>:.__._._ NAME TELEPHONE NUMBER Whatcom County Juvenile Court Administration (360) 676-6780 STREET ADDRESS FEDERAL EMPLOYER IDENTIFICATION NUMBER OR SOCIAL SECURITY 311 Grand Avenue # 501 NUMBER (MANDATORY FOR FEDERAL TAX PURPOSES) 91-6-6001383 CITY STATE ZIP CODE Bellingham WA 98225 -,._. -._ ..:.___—�.._'...?it:_:�:i�'c:::1-v'.::1�c:rT:f:�-1C'... .._.inRWE WT�TJ.TIE..�I DTtIUE:P�OJE,CTTITL"-ems•=::�....---.-.., ...- .... ., .:�,�.::c_:-. -.ti':r'_Fr-i�ar'L•:- ---r-'•:1.::---_Y- y- Whatcom County Juvenile Detention Alternative Initiative --•-. -_ _—._'"��.c:- ie ..... —ice"-.,i�C-r-ssr =:,�._ .- rsr-.;•4_=r�._rw��E: eL:., ��..;-- --=—r1:::r—_ _ v —_ ....�.__, �..^=-[L4�k=_ __ ___ _ _ _ .tip-, :4��._ e'—%tT _,� 'S: �__� F ,_ ��T _ - _ -_ _ -- �_-lr.�'_ �_� �_- -- �_j'fi��_ --.9�^._ ::_l,,`�•. ::•S:Y'.�''`'--� �—L�•�'�'�.v� :..,1_..ANTG1,�� 1.. � -„s�-`_"�'�r�:�::.,;:,�;�';!,?;•�,.;:.:.-,_ ��:_._.��.__,.__<<_�..._�rr_r_,.r..---_�._�,-:�=:;. _ _...,�.-._�,_t_. vim••, The applicant is applying for a grant award in the amount shown in the proposed BUDGET SUMMARY (Section 8 of this application) for the purposes identified in this application. By signing and submitting this application• the applicant agrees that this document, together with the STANDARD CONDITIONS AND CERTIFICATIONS (Attachment A Of this application), becomes an offer to contract with Washington State Department Of Social and Health Services (DSHS or the Department) which, if accepted, binds the applicant to the following: The applicant agrees that this offer becomes a binding contract when a copy Of this page is signed by the OJJ Office Chief and returned to the applicant together with an Approved Budget and Special Conditions farm provided, however: a. In the event any budget category amount differs from the amount shown in Section 8 of this application, as modified by the Approved budget and Special Conditions, that amount -shall be considered to be a counteroffer. The Department shall consider the counteroffer accepted by the applicant unless rejected in writing Within 3Q days after the date of mailing Of such counteroffer by the Office Of Juvenile Justice (hereinafter referred to as OJJ) to the applicant. b. Upon acceptance Of this offer/counteroffer, the applicant shall be referred to as the "Contractor" and the Contractor agrees to accept and abide by the special terms and conditions. NAME AND TITLE OF AUTHORIZED OFFICER (PERSON WITH LEGAL AUTHORITY: COUNTY COMMISSIONERS• CHAIRMAN OF THE BOARD, MAYOR, CI YrrOWN MANAGER, AGENCY DIRECTOR) kr. Pete Kremen, Whatcom County Executive APPLICANT'S SIGNATURE DATE ACCEPTANCE OF OFFER COUNTEROFFE OR DSHS OJJ CONTRACTIN OFFICER'S SIGNATURE C DATE El Acceptance ❑ Non acceptance e - G B �r1 1 NAME AND TILE TELEPHONE NUMBER David 1Zeynolds, JuveniYe Court Administrator (360) 676-6780 STREET ADDRESS FAX NUMBER 311 Grand Avenue (360) 738-2515 CITY STATE ZIP CODE E-MAILADORESS Bellingham WA 98225 DReynold@co.whatcom.wa_us NAME AND TITLE TELEPHONE NUMBER Nora India (360) 676-6780 STREET ADDRESS FAX NUMBER 311 Grand Avenue # 501 (360) 738-2515 CrrY STATE ZIP CODE E-MAIL ADDRESS -e Bellingham WA 98225 NInda@co.whatcom.wa.us Omission Of any required information or certification may be cause for denial Of the application. The Department shall take a final approvalldisapprOval action on all applications Within g0 days of receipt by the Department of a conforming application, together with all required certifications. The Department shall. not consider an -application conforming unless the applicant has completed all items in accordance with instructions and has submitted the necessary certifications. The applicant must submit two signed completed applications to: OFFICE OF JUVENILE JUSTICE, DEPARTMENT OF SOCIAL AND HEALTH SERVICES, PO BOX 45828 OLYMPIA WA 98504-5828. PAGE 1 36 DSHS 05-180C ()11:V. 0612007) IN WITNESS HEREOF, Whatcom County has signed this agreement this day of , 200_ State of Washington )ss. County of Whatcom On this _ day of , 200_, before me 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. NOTARY PUBLIC in and for the State Of Washington residing at Bellingham. My Commission expires jAPPR VED AS TO FOil Deputy Prosecu ing Attorney ACCEPTED FOR WHATCOM COUNTY: Byt:. Pete Kremen,County Executive I(a) 37 JDAI GRANT APPLICATION AGENCY NAME DATE Whatcom County Juvenile Court Administration PROJECT TITLE Whatcom County Juvenile Detention Alternative Initiative a r A project period is one year and may not exceed one year except by prior agreement with the Department. Proposed project period is from 07/01/2007 to 06/30/2008 ........... The proposed project budget is shown below. If the proposal is accepted for contracting, the budget on the Approved budget and Special conditions form supersedes the proposed budget shown below. The following items are allowable costs under this contract: • Travel (JDAI Quarterly Meetings, State and National Conferences, Model Site Visits) • Local Coordination to implement the eight (8) JDAI strategies • Detention Alternatives • Data Collection and Analysis • Case Processing Improvements including Expediter • Indirect (up to 10% of direct charges), as noted below. BUDGET CATEGORIES A. Personnel $13,044 B. Supplies $780 Enter the category totals from Section 10. BUDGET DETAILS. The sum of categories A - F is entered as TOTAL DIRECT CHARGES. If indirect costs are C. Other services and charges $3,180 claimed, enter the amount in G. These may not exceed ten (10) percent of the TOTAL DIRECT CHARGES. D . Capital outlay/equipment $2,550 Add TOTAL DIRECT CHARGES and INDIRECT CHARGES, and enter the sum on TOTAL PROJECT E. Travel $19,079 F. Contractual services $15,015 COSTS line. TOTAL DIRECT CHARGES $53,648 G. Indirect charges $5,100 TOTAL PROJECT COST $58,748 SOURCE OF FUNDS 1. JDAI $58,748 % 2. Match % 1. May not exceed amount approved by the Govemor's Juvenile Justice Advisory Committee. 2. Must be funds specifically appropriated for project In applicants budget. % % Project Income must be applied to project operational costs or deducted from the grant award. It is important that all anticipated project I % % Income be Included In the budget. TOTAL PROJECT FUNDS $58,748 % _T KPAP _J1y19s1WMffW_QF1qi1 P g mnk The Whatcom County Juvenile Detention Alternative Initative shall strive at the local and state level to promote JDAI's eight core strategies which include: 1. Interagency collaboration to improve planning and coordination. 2. Use of data including results tracking, to drive policy and program decisions. 3. Reliance on objective criteria to guide admissions and sanctioning decisions 4. New or enhancee community -based alternatives to secure detention. 5. Expidited case processing to reduce Ienghts of stay and speed case resolution 6. Innovations to rccuce secure custody in "special" cases ( e.g. violations of probation, etc.) 7. Practices and policies to eliminate structural and personal biases that provide racial disparities; and 8. Routine facility inspections to improve condiftions of confinement. PAGE 2 38 DSHS 05-180C (REV. 0612007) JDAI GRANT APPLICATION AGENCY NAME DATE WhRtCOM County Juvenile Court Administration PROJECT TITLE Whatcom County Juvenile Detention Alternative Initiative T I T U 9�-- �O7� EG P 9RM9 �qQf - ------ This category is for services rendered by all personnel employed by the project. Costs incurred include salaries, benefits, uniforms, and special clothing. SALARIES AND WAGES: Payment for personal services rendered in accordance with rates, hours, terms and Conditions as authorized by law or stated in employment contracts. OVERTIME, HAZARDOUS DUTY, ETC. PERSONAL BENEFITS: FICA, retirements, insurance, etc. UNIFORMS AND CLOTHING: Only uniforms for special clothing required by the nature of the employment and paid for by the employer may be listed. NOTE: Project funds may not be used to pay a percentage of the compensation of any person who was employed by the implementing agency before the project starting date Without prior specific authorization from the Department separate from the grant approval. Specific authorization is not required if a person currently employed by the applicant or the implementing agency is transferred from his/her prior position to the project if the transfer creates a personnel vacancy to be filled by hiring a new employee. PERCENT OF LIST POSITION TITLES ANNUAL SALARY TIME TO ITEM TOTAL PROJECT JDAI Support Staff salary and benefits $13,044 100 % $13,044 CATEGORY TOTAL $13,044 loo % $13,044 JUSTIFICATION AND EXPLANATION: Justly all positions in terms of days and/or hours required to perform the GOALS, OBJECTIVES, AND TASKS set forth. Calculate fringe benefits for each position or class of positions. JDAI Support will work between 15 and 19 hours per week with 100% of time dedicated to JDAI efforts in the area of data gathering,risk assessment data gathering, keeping minutes of Steering Committee Meetings, and other support services in the area ofJDAI. ($13.00 per hour) PAGE 3 39 DSHS 05-I80C (REV. 0612007) JDAI GRANT APPLICATION AGENCY NAME Whatcom County Juvenile Court Administration PATE PROJECT TITLE WhRtCOM County Juvenile Detention Alternative Initiative 4a_.10Bllll . ... ..... This category is for articles and commodities which are consumed or materially altered when used. The following are types of supplies. OFFICE SUPPLIES: For example, office stationery, forms, SM211 items of equipment, and Maps, films, books, periodicals, and tapes. OPERATING SUPPLIES: For example, chemicals, drugs, medicines, laboratory supplies, cleaning and sanitation supplies, food for human consumption, fuel, household and institutional supplies, and clothing. REPAIR AND MAINTENANCE SUPPLIES: For example, building materials and supplies, paints and painting supplies, plumbing supplies, electrical supplies, motor vehicle repair materials and supplies, other repair and maintenance supplies, and SM211 tools. ITEMIZED LISTING (DESCRIPTION OF THE ITEM) UNIT UNIT COST ITEM TOTAL Consumable materials such as office suplies, paper, pens, etc 1 $300 $300 Food supplies for Monthly Stakeholders Meeting 12 $40 $480 CATEGORY TOTAL $780 . . . . . . . . . . . . . 0H G Q" . . . . . . . ... This category is for services other than PERSONNEL which are required in the administration of the project. Such services may be provided by some agency of the government unit or by private business organizations. The following are types of services and charges classified under this category. COMMUNICATION: For example, telephone, telegraph, and postage. TRANSPORTATION: For example, freight and express charges, and messenger service. ADVERTISING PUBLIC UTILITY SERVICE PRINTING AND BINDING REPAIRS AND MAINTENANCE INSURANCE RENTALS: For example, buildings, and equipment and machinery. MISCELLANEOUS: For example, tultion and other training fees, dues, subscriptions and memberships, and taxes. ITEMIZED LISTING (WORD OR WORDS DESCRIBING THE COST ITEM, I.E., POSTAGE) UNIT UNIT COST ITEM TOTAL Telephone (Cell plan with e-mail capability for Administrtor, Assistant and netentdon Manager Plan sinctiepated to be $50 00 per mouth) 12 $150 $1,800 Postage (Monthly) 12 $30 $360 Printing ( Annual) 1 $300 $300 Wireless Card for Computer for Monitoring and Accessing detention and case inforaiintmon afterhoum 12 $60 $720 CATEGORY TOTAL DSHS 05-180C (REV. 06/2007) PAGE JDAI GRANt APPLICATION AGENCY NAME Whatcorn County Juvenile Court Administration DATE PROJECT TITLE Whatcom County Juvenile Detention Alternative Initiative 9RRA 160�R--= 0a __ff-,A This category is for nonexpendable outlays which result in the acquisition of, rights to, or additions to fixed assets, other than structures. The following are some of the types of charges under this category. NOTE: Exclude small tools. MACHINERY AND EQUIPMENT: For example, communications equipment (typewriter, microcomputer), janitorial; laboratory, office furniture and equipment, heavy duty work equipment, and other machinery and equipment. ITEMIZED LISTING (DESCRIBE THE COST ITEM) UNIT UNIT COST ITEM TOTAL Lap Top Computer to replace computer purchased in 2004 (Purchase through ent of Infor haranjf�Vmrt) 1 $1,800 $1,800 �a or UN our 0 Yfflarcki-lBerry style F' Ogg-WSIVICTnelsalffle, tllpl�aoblfilloitny a ter h office detention-response-forAdkdnmsfrqior, Assistant, and Detention Manager 3 $250 $750 CATEGORY TOTAL $2,550 47 ;�N-' 6: f•W Fr� U wg�. Travel costs are for domestic travel. Contractors may follow their own established rate for staff travel as long as the rate does not exceed the allowable state rate. The allowable state rate for mileage will be used. Air fare should be the lowest coach fare. ITEMIZED LISTING UNIT UNIT COST ITEM TOTAL Mileage reimbursement (.485 per mile for Quartely Meeting) 4 $87 S348 Per Diem costs for quartely meetings 8 $36 $288 Airfare to National Conference ( 3 staff X 500.00 per tickets) 3 $500 $1,500 Mare forconference for new staff training related to JDAI ( 2 staff X 500.00) 2 $500 $1,000 Conference Fee @ $350.00 per staff X 2 staff 2 $350 $700 Per Diem for conference training ( 2 staff @ 36.00 per day X 4 days) 8 $36 $288 Vehicle Rentals for confences (100.00 per day X 3 days) 3 $100 $300 Incidentals for travel ( Parking, Shuttles, taxi, etc) 7 $25 $175 Other Travel to Support JDAI purposes 12 $1,000 $12,000 Per Diem State Conference (15 people @ 36 per day X 2 days) 30 $36 $1,080 Hotel 15 people x 1 night @ 100.00 per night) 14 $100 $1,400 CATEGORY TOTAL $ 9,079 DSHS 05-1 BOG (REV. 0612007) GE 5 JDAI GRANT APPLICATION AGENCY NAME Whatcom County Juvenile Court Administratiou DATE PROJECT TITLE Whatcom County Juvenile Detention Alternative Initiative .... ..... The following types of personal services may be contracted: EVALUATION/RESEARCH LEGAL ACCOUNTING MEDICAL AND HEALTH SERVICES AUDITING SOCIAL SERVICES ITEMIZED LISTING UNIT UNIT COST ITEM TOTAL Custmoziation of Rite Track Case Management System for data gathering and r-t4JRPXa4PAA, 143 $105 $15,015 ' . and provide us information relating to race, gender, offense, and even CATEGORY TOTAL $15,015 as r: IN 0-0 M-11 to Indirect costs may not exceed 10% of the total direct charges. Indirect costs include costs of operating the agency which are not directly attributed to this project (e.g., maintaining physical plan, depreciation, receptionist, agency administration salaries, etc.) ITEMIZED LISTING (DESCRIBE THE COST ITEM) UNIT UNIT COST ITEM TOTAL Whatcom County and Department Costs to Adrunister grant including bookkeeping, budget, quarterly report preparation, finance department 12 $425 $5,100 CATEGORY TOTAL $5,100 DSHS 05-180C (REV. 06/2007) PAGE JDAI GRANT APPLICATION AGENCY NAME DATE Whatcom County Juvenile Court Administration PROJECT TITLE Whatcom County Juvenile Detention Alternative Initiative 'AN= ........ ... 1191-TA-T-1 F .. .. ........ F-WORK RF.-IMPLEME The contractor agrees to perform the following minimum statement of work: • Submit the AECF - JDAI Quarterly Reports and Annual Results Report • Attend JDAI Quarterly Meetings, State and National Conferences • Conduct 2 m imirn u rn of four (4) community stakeholders meetings per year • Conduct a Detention Self -Inspection every two (2) years • Submit GJJAC - JDAI semi-annual progress and quarterly financial reports Attach the County JDAI Implementation Plan addressing the eight (8) Strategies of JDAI, including, at a minimum: • Description of the current status of eight (8) JDAI strategies • Objectives for the contract period (July 1, 2007 - June 30, 2008) • Activities and tasks to meet objectives Please see attached work plan. PAGE 7 43 DSHS 05-I8OC (REV. 0812007) WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-434 CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: Originator: - 0 ft", T 3 0 2007 I 11/07/07 Finance/Council Division Head: Dept. Head: 1 � I J 0 -7 Prosecutor: U 0 WHI;Com COUNTY � � ! of / � �(� Purchasing/Bu l COUNCIL Executive: )IN Q/—�o TITLE OF DOCUMENT: Resolution Ordering the Cancellation of Warrants More than a Year Old ATTACHMENTS: Proposed resolution and list of unredeemed warrants. SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( } NO SEPA review completed? ( ) Yes ( ) NO Requested Date: S UMMA R Y S TA TEMENT OR LEGAL NOTICE LANGUAGE: (Iffit is item is an ordinance or requires a public hearing, you must provide lire 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 resolution orders the cancellation of warrants that are over a year old and have not been presented for payment. The total amount to be cancelled is $8,379.94. 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 far viewing andprinting on the County's website at. www.co.whatcom.wa.us/council. 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 �GOM Co �gSHING,tO� MEMORANDUM TO: Dewey Desler, Deputy Administrator FROM: Brad Bennett, Finance Manager,0 DATE: October 18, 2007 SUBJECT: Resolution to Cancel Warrants FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa. us RECEIVED OCT 18 2007 PETE KREMEN COUNTY EXECUTIVE BRAD BENNETf Manager Attached is a proposed resolution to cancel unredeemed warrants that are over a year old. Every year, as per RCW 36.22.100, with Council authorization, we cancel warrants that have not been redeemed. These warrants are stale dated but after we cancel them a payee can still request the warrant to be reissued. If you have any questions regarding this request, please contact Kristin Frank at extension 50790. Thank you. Administration Facilities Management Finance/Accounting Human Resources Information Technology County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 45 Fax (360) 676-6775 fax (360) 676-6789 fax (360) 738-4553 Fax (360) 738.2521 fax (360) 676-7727 TTY (360) 738-4555 SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: November 7, 2007 RESOLUTION NO. ORDERING THE CANCELLATION OF WARRANTS MORE THAN A YEAR OLD WHEREAS, the Revised Code of Washington, Section 36.22.100, states the County legislative authority shall cancel county warrants not presented within one year of the date of their issue; and, WHEREAS, Administrative Services has provided a list of warrants that were issued prior to June 1, 2006 but never presented. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that Administrative Services Finance and the Treasurer's Office are directed pursuant to RCW 36.22.100 to cancel the warrants listed in Exhibit A which will adjust the funds as if such warrants had never been drawn. APPROVED this day of , 2007. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Carl Weimer, Council Chair APPROVED as to form: Civil Deputy Pra e for �) AV, EXHIBIT A: CANCELLATION OF WARRANTS OVER ONE YEAR OLD (Warrants issued before June 1, 2006) Fund Warrant No. Warrant Date GIL Date Explanation Amount 001 659975 11/1/2005 11/1/2005 WA ST DEPT REVENUE $ (619.17) 001 682072 5/16/2006 5/16/2006 RHODES, DENNIS D. $ (200.00) 001 663253 11/29/2005 11/29/2005 GWYNN, TANYA D. $ (142.59) 001 259502 9/16/2005 9/16/2005 HORNER, JERRY D. $ (108.33) 001 664273 12/13/2005 12/13/2005 STUCKRATH, SARAH A $ (103.95) 001 261173 12/9/2005 12/9/2005 HUBBARD, WESLEY T. $ (75.43) 001 656300 9/27/2005 9/27/2005 HARBORVIEW MEDICAL CTR $ (58.05) 001 663987 12/13/2005 12/13/2005 ASMUNDSON, JOHN H $ (54.85) 001 654214 9/6/2005 9/6/2005 SOMERA, JOE P $ (54.30) 001 663301 11/29/2005 11/29/2005 ROGERS, RAMON $ (49.10) 001 672010 2/21/2006 2/21/2006 GRANT, MARGARE17E A. $ (43.56) 001 646514 7/12/2005 7/12/2005 OHANA, HEIDI $ (42.15) 001 673493 2/28/2006 2/28/2006 SORENSON, RICK L $ (37.80) 001 676545 3/21/2006 3/21/2006 VANALSBURG, KAREN A $ (37.80) 001 646861 7/19/2005 7/19/2005 DONATO, SUSAN $ (34.68) 001 682012 5/16/2006 5/16/2006 LUHRS, VICTORIA $ (32.50) 001 671990 2/21/2006 2/21/2006 FABER, DEBBIE 1 $ (31.83) 001 683615 5/23/2006 5/23/2006 GOPLERUD-PASKY, M E $ (30.03) 001 672143 2/21/2006 2/21/2006 SEYMOUR, MARK A $ (29.70) 001 679780 4/25/2006 4/25/2006 KALSBEEK, JAMIE J $ (29.58) 001 645851 7/5/2005 7/5/2005 OLSON, MELODY M $ (29.44) 001 660495 11/8/2005 11/8/2005 NOBLE, JENNIFER L $ (28.73) 001 651169 8/9/2005 8/9/2005 MITCHELL, JACULINE J. $ (28.00) 001 650171 7/27/2005 7/27/2005 MYHRE, BARBARA A $ (27.82) 001 676076 3/21/2006 3/21/2006 ALLRED, JOHN M $ (27.80) 001 669287 1/24/2006 1/24/2006 OHMS, DANIEL T $ (25.82) 001 678798 4/18/2006 4/18/2006 DANIELS, JARRED $ (25.12) 001 646542 7/12/2005 7/12/2005 PSHELENSKY, ANDREJ $ (24.86) 001 646530 7/12/2005 7/12/2005 PENNINGTON, RICHARD W $ (24.05) 001 259981 9/30/2005 9/30/2005 GARNER, JAMES L. $ (23.44) 001 673225 2/28/2006 2/28/2006 BURKE, JAMES P $ (23.35) 001 677346 4/4/2006 4/4/2006 CLEMENT, NEIL M $ (20.68) 001 654195 9/6/2005 9/6/2005 RUDY, DONALD J $ (20.13) 001 669957 1/31/2006 1/31/2006 WOOD, LAURA $ (20.00) 001 660451 11/8/2005 11/8/2005 LEWIS, MARGIE W $ (19.70) 001 666216 12/28/2005 12/28/2005 FITZGERALD, TERRY K $ (19.70) 001 679837 4/25/2006 4/25/2006 MCCAULEY, MARTHA A $ (18.90) 001 663232 11/29/2005 11/29/2005 COBERLY, SUZIE $ (18.73) 001 663266 11/29/2005 11/29/2005 JOHNSON, JAMIE $ (17.76) 001 662524 11/22/2005 11/22/2005 WA ST CORRECTIONAL INDUSTRIES $ (17.44) 001 650075 7/27/2005 7/27/2005 CUMMINS, KEN $ (16.90) 001 679750 4/25/2006 4/25/2006 HOLEMAN, PATRICIA A $ (16.23) Coll 679889 4/25/2006 4/25/2006 PETERSON; TYSON M $ (16.23) 001 664026 12/13/2005 12/13/2005 CARLSON, CHRIS $ (15.82) 001 650549 8/2/2005 8/2/2005 GRAHAM LUNDBERG PESCHEL $ (15.00) 001 660314 11/8/2005 11/8/2005 ANDERSON, NICHOLAS R $ (14,85) 001 662721 11/22/2005 11/22/2005 MUMM, RACHAEL M $ (14,85) 001 664279 12/13/2005 12/13/2005 TAYLOR, ARTHUR R $ (14.85) 001 662964 11/22/2005 11/22/2005 MYERS, RACHEL A $ (14.37) 001 671958 2/21/2006 2/21/2006 COHEN, VICKI L $ (14.37) 001 672045 2/21/2006 2/21/2006 KAYS, SARAH C $ (14.37) 001 681977 5/16/2006 5/16/2006 GAGNIER, ALLAN $ (14.01) 001 666339 12/28/2005 12/28/2005 PENNELL, ANDREW M $ (13.88) 001 673220 2/28/2006 2/28/2006 BROWN, RENEA M $ (13.56) 001 683771 5/23/2006 5/23/2006 SENOUR, JANET L $ (13.56) 001 650664 8/2/2005 8/2/2005 DEGIORGIO, MICHAEL $ (13.45) 001 654135 9/6/2005 9/6/2005 MCCLELLAN, REED H $ (13.24) 001 677622 4/4/2006 4/4/2006 WEINSHILBOUM, REUBEN $ (13.12) 47 EXHIBIT A: CANCELLATION OF WARRANTS OVER ONE YEAR OLD (Warrants issued before June 1, 2006) Fund Warrant No. Warrant Date GIL Date Explanation 001 623295 12/7/2004 12/7/2004 LANGEI, KATHRYN L $ (13.00) 001 660348 11/8/2005 11/8/2005 CLAY, KRAIG L $ (12.91) 001 660403 11/8/2005 11/8/2005 HENTZ, RONALD J $ (12.91) 001 652639 8/23/2005 8/23/2005 BEVIS, LACY M $ (12.84) 001 679726 4/25/2006 4/25/2006 GREENAN, THOMAS G $ (12.67) 001 652740 8/23/2005 8/23/2005 HODSON JR, DUANE L $ (12.43) 001 660428 11/8/2005 11/8/2005 JORDAN, MICHAEL J $ (12.43) 001 667115 1/3/2006 1/3/2006 LOVCHIK, JENNIFER A $ (12.43) 001 672129 2/21/2006 2/21/2006 REED, MARLENE $ (11.94) 001 673384 2/28/2006 2/28/2006 MADDOX, SILAS R $ (11.78) 001 677578 4/4/2006 4/4/2006 STROUD, SHAUNNA M $ (11.78) 001 663278 11/29/2005 11/29/2005 METZGER, JASON $ (11.60) 001 662904 11/22/2005 11/22/2005 DAUGHENBAUGH, KATHLEEN M $ (10.97) 001 666232 12/28/2005 12/28/2005 GREENWOOD, CARL B $ (10.97) 001 679830 4/25/2006 4/25/2006 MAHONEY, OPAL $ (10.89) 001 650970 8/9/2005 8/9/2005 ABBOTT, JEFF A $ (10.81) 001 651140 8/9/2005 8/9/2005 LANEY, PHILLIP N $ (10.81) 001 654085 9/6/2005 9/6/2005 HOLLINGSWORTH, JAMES C $ (10.81) 001 679838 4/25/2006 4/25/2006 MCKINNEY, WILLIAM J $ (10.45) 001 652889 8/23/2005 8/23/2005 WALKER, MARY-JAYNE E $ (10.41) 001 650191 7/27/2005 7/27/2005 PARKER, ADONIA $ (10.00) 001 654193 9/6/2005 9/6/2005 RODRIGUEZ, KAREN M. $ (10.00) 001 656567 10/4/2005 10/4/2005 RAICHAUDHURY, INDIRA $ (10.00) 001 677068 3/28/2006 3/28/2006 ROBINSON, CHELSEA $ (10.00) 001 677126 3/28/2006 3/28/2006 WARE, NADIA $ (10.00) 001 650957 8/9/2005 8/9/2005 SENTRY CREDIT INC $ (5.00) 001 666346 12/28/2005 12/28/2005 POWELL, PAMELA L $ (2.91) 001 646591 7/12/2005 7/12/2005 STEARNS, TRAVIS D $ (1.62) 001 659447 10/25/2005 10/25/2005 SMITH, STUART D. $ (1.00) Total General Fund $ (2,834.90) 118 679488 4/25/2006 4/25/2006 LAGERWEY, CRAIG $ (37.15) 118 684276 5/30/2006 5/30/2006 ZENDER, MICHAEL B. $ (25.00) Total Jail Fund $ (62.15) 169 659975 11/1/2005 11/1/2005 WA ST DEPT REVENUE $ (4.98) 169 651182 8/9/2005 8/9/2005 NVL LABORATORIES INC $ (30.00) Total Flood Control Zone Fund $ (34.98) 501 659975 11/1/2005 11/1/2005 WA ST DEPT REVENUE $ (71.61) 501 659997 11/1/2005 11/1/2005 YEAGER'S SPORTING GOODS $ (97.34) 501 670675 2/7/2006 2/7/2006 RHINO LININGS $ (9.75) Total Equipment Rental Fund $ (178.70) 507 659975 11/1/2005 11/1/2005 WA ST DEPT REVENUE $ (2.82) 507 677354 4/4/2006 4/4/2006 CRABTREE, WILLIAM R $ (5.00) Total Administrative Services Fund $ (7.82) Total Whatcom County $ (3,118.55) 671 668786 1/24/2006 1/24/2006 DIXEY, JENNIFER R. $ (47.55) 671 667405 1/10/2006 1/10/2006 VERMEER, SARA N. $ (15.84) 671 677740 4/4/2006 4/4/2006 UNIV/IOWA $ (11.00) Total Rural Library $ (74.39) 672 655263 9/20/2005 9/20/2005 SARAFIAN, SILVA $ (61.57) 672 677989 4/11/2006 4/11/2006 VERIZON NW $ (60.04) 672 654534 9/13/2005 9/13/2005 BURLINGTON HOMEPLACE SPECIAL C $ (56.00) 48 EXHIBIT A: CANCELLATION OF WARRANTS OVER ONE YEAR OLD (Warrants issued before June 1, 2006) Fund Warrant No. Warrant D. Date Explanation Amount Total Northwest Regional Council $ (177.61) 678 652141 8/16/2005 8/16/2005 FERNDALE TRUE VALUE HARDWARE $ (267.05) Total PUD $ (267.05) 703 655793 9/20/2005 9/20/2005 TILTON, NICHOLAS $ (9.70) Total Fire District No. 3 $ (9.70) 704 260251 10/31/2005 10/31/2005 DEHON, ROBERTT. $ (387.51) 704 665223 12/20/2005 12/20/2005 TPRN CARE & CONSULTING $ (333.50) 704 682288 5/16/2006 5/16/2006 VANDYKEN, PAUL D $ (330.00) 704 653775 9/6/2005 9/6/2005 VICK, DANIEL R $ (77.58) 704 647263 7/19/2005 7/19/2005 LEHMANN, DAVID B. $ (66.30) 704 667870 1/17/2006 1/17/2006 KOVATCH, ERIC $ (50.00) 704 651356 8/9/2005 8/9/2005 CHUMLEY, RAY $ (42.00) 704 672547 2/21/2006 2/21/2006 VICK, DANIEL R $ (34.12) 704 653755 9/6/2005 9/6/2005 LEAVELL, ROBERT L $ (8.62) 704 661461 11/15/2005 11/15/2005 LEAVELL, ROBERT L $ (8.49) Total Fire District No. 4 $ (1,338.12) 706 680081 4/25/2006 4/25/2006 QWEST $ (48.13) 706 608329 7/13/2004 7/13/2004 HORRELL, RYAN $ (40.00) 706 680074 4/25/2006 4/25/2006 JENKINS, DONALD $ (40.00) 706 624238 12/14/2004 12/14/2004 BAY ENGRAVING $ (10.82) Total Fire District No. 6 $ (138.95) 707 647665 7/19/2005 7/19/2005 GERNER, JON S $ (27.00) 707 647637 7/19/2005 7/19/2005 BANNERMAN, GARY $ (18.00) 707 668703 1/24/2006 1/24/2006 MUNGER, MATTHEW T $ (1.50) Total Fire District No. 7 $ (46.50) 708 675745 3/21/2006 3/21/2006 HAINES, LILLIAN (formerly Jone $ (214.17) Total Fire District No. 8 $ (214.17) 709 682541 5/16/2006 5/16/2006 MCKEON, MICHAEL A $ (231.00) 709 682560 5/16/2006 5/16/2006 WEFER, WILLIAM D $ (170.00) 709 665135 12/20/2005 12/20/2005 PEYTON, BILL $ (112.00) 709 682546 5/16/2006 5/16/2006 PEYTON, BILL $ (77.00) 709 665136 12/20/2005 12/20/2005 PINGEON, JESSE D $ (56.00) 709 672644 2/21/2006 2/21/2006 HOWLAND, JASON M $ (56.00) 709 652108 8/16/2005 8/16/2005 ORTEGA, CHRISTINE $ (49.00) 709 647539 7/19/2005 7/19/2005 KEY BANK OF WASHINGTON $ (46.00) 709 667734 1/17/2006 1/17/2006 HUNSBERGER, CHRISTOPHER L $ (42.00) 709 665122 12/20/2005 12/20/2005 HEATON, ADAM $ (28.00) 709 665134 12/20/2005 12/20/2005 ORTEGA, CHRISTINE $ (7.00) 709 672646 2/21/2006 2/21/2006 HUNSBERGER, CHRISTOPHER L $ (7.00) 709 679040 4/18/2006 4/18/2006 YONEY, NICHOLAS A $ (7.00) 709 682536 5/16/2006 5/16/2006 HOWLAND, JASON M $ (7.00) 709 682554 5/16/2006 5/16/2006 TAYLOR, JARED $ (7.00) Total Fire District No. 9 $ (902.00) 710 661812 11/15/2005 11/15/2005 UNITED FIRE SERVICE INC $ (751.71) 710 658577 10/25/2005 10/25/2005 CHIEF SUPPLY CORPORATION $ (303.86) 710 655550 9/20/2005 9/20/2005 KIEFER ALFRED J JR $ (70.00) 710 669974 1/31/2006 1/31/2006 HAGEN, JON $ (60.00) 710 669969 1/31/2006 1/31/2006 CHIEF SUPPLY CORPORATION $ (35.65) Total Fire District No. 10 $ (1,221.22) EXHIBIT A: CANCELLATION OF WARRANTS OVER ONE YEAR OLD (Warrants issued before June 1, 2006) Fund Warrant No. Warrant Date GIL Date Explanation 711 681437 5/9/2006 5/9/2006 EMERGENCY MEDICAL PRODUCTS INC $ (138.00) Total Fire District No. 11 $ (138.00) 713 665642 12/28/2005 12/28/2005 FULLER, ANDREW J $ (112.44) 713 612053 9/28/2004 9/28/2004 CHMELIK SITKIN & DAVIS $ (38.00) 713 655865 9/20/2005 9/20/2005 NYGAARD, ZACH $ (32.60) Total Fire District No. 13 $ (183.04) 714 670249 1/31/2006 1/31/2006 YURONEN, ALBINA $ (35.00) Total Fire District No. 14 $ (35.00) 716 661268 11/15/2005 11/15/2005 HORIZON BANK - BELLINGHAM $ (52.40) Total Fire District No. 16 $ (52.40) 718 656909 10/4/2005 10/4/2005 DAY WIRELESS $ (129.94) 718 670057 1/31/2006 1/31/2006 WA ST FIRE FIGHTERS TRAINING & $ (75.00) 718 648096 7/26/2005 7/26/2005 MEYERS, TARA $ (45,00) Total Fire District No. 18 $ (249.94) 810 670816 2/7/2006 2/7/2006 HARDWARE SALES INC $ (146.18) Total Water District No. 10 $ (146.18) 813 647131 7/19/2005 7/19/2005 PCIC MANAGEMENT LLC $ (67.12) Total Water District No. 13 $ (67.12) Total Districts $ (5,261.39) Total County and Districts $ (8,379,94) 50 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-435 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 11/07/07 Finance/Council Division Head: qg '� �; j 3 CJJ7 W H P-J C0' h`dl U` 0 U ? � 4 Y Dept. Head: G D�� 07 Prosecutor: �z QL/ [ d 1' Purchasing/B 1 ID� 1 �'i �� C 0 U',1 C S L Executive: Rd—O TITLE FDOCUMENT: Resolution Ordering the Cancellation ofAccounts Receivable More titan a Year Old ATTACHMENTS: Proposed resolution and list of uncollectible accounts receivable. SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Dale: 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 resolution orders the cancellation of accounts receivable for Equipment Rental & Revolving charges that are over a year old and are uncollectible. The total amount to be cancelled is $6006.61. COMMITTEEACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 51 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 (C,OM CO 3�P Gym f �QSHING't0} MEMORANDUM TO: Dewey Desler, Deputy Administrator FROM: Brad Bennett, Finance Manager �0 DATE: October 18, 2007 FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us RECEIVED OCT 18 2007 PETE KREMEN COUNTY EXECUTIVE SUBJECT: . Resolution to Cancel Accounts Receivable for Equipment Rental & Revolving BRAD BENNETT Manager Attached is a proposed resolution to cancel uncollected accounts receivable for Equipment Rental & Revolving. These accounts receivable consist of charges for damages to county vehicles and towing charges that are all over nine year old. They have been sent to collections and are considered uncollectible. As per RCW 36.32.120, with Council authorization, we would like to cancel these accounts receivable. If you have any questions regarding this request, please contact Kellie Eiswald at extension 50728. Thank you. Administration Facilities Management Finance/Acoountiag Human Resources Information Technology County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676.6802 (360) 676-7684 (360) 398-1310 52 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (360) 738-4555 SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: November 7.2007 RESOLUTION NO. ORDERING THE CANCELLATION OF ACCOUNTS RECEIVABLE MORE THAN A YEAR OLD WHEREAS, the Revised Code of Washington, Section 36.32.120, states the County legislative authority shall audit the collection of money belonging to the County; and, WHEREAS, Administrative Services has provided a list of Equipment Rental & Revolving accounts receivable that were incurred prior to September 1, 2006 and are uncollectible. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that Administrative Services Finance is directed to write off as uncollectible accounts receivable listed in Exhibit A. APPROVED this day of 72007. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Carl Weimer, Council Chair APPROVED as to form: Civil Deputy Pr utor 53 EXHIBIT A: CANCELLATION OF EQUIPMENT RENTAL & REVOLVING ACCOUNTS RECEIVABLE Fund Name Date Description Amount Reason 501 Gregg Alesna 9/26/1996 Damage to Sheriff Vehicle $ 7.64 No activity since 3197. 501 James T. Goldsbury 1/29/1997 Damage to County Vehicle $ 444.16 One payment through County Clerk, 501 Claude C. Myrick 5/9/1995 Damage to County Vehicle $ 4,369.24 Deceased. No Estate. 501 Mary S. Sve a 10/31/1995 Dama a to Coun Vehicle $ 1,003.74 Sent to Collections. No payments made. 501 Ran Vander Haak 4/27/1997 Damage to County Vehicle $ 79.42 Made payments of $300. 501 Katie Wilferd 5/11/1998 Towing Charge. $ 102.41 Sent to Collections. No payments made. Total $ 6,006.61 54 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-436 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: originator: f kffz- \U L- 1, II/07/07 Finance/Council Division Head: Depr. Head: /v�i cl7 n 20? Proseculor: GW A^VOdCOUN TY 4/8/07 Purchasing/&r: COUNCIL Executive: Rk P— V-0 TITLE OFDOCU ENT: Resolution Ordering the Cancellation ofAccounts Receivable More than a Year Old A TTACHMENTS: Proposed resolution and list of uncollectible accounts receivable. SEPA review required? ( } Yes ( ) NO Should Clerk schedule a Bearing? ( ) Yes ( } 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 mustprovide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This resolution orders the cancellation of accounts receivable for parking violations that are over a year old and are uncollectible. The total amount to be cancelled is S751.00. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at: www.co.whatcom.wa.us/council. 55 WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 DDesier@co.whatcom.wa.us DEWEY G. DESLER Director AGO M CO P Gti �SfrIN MEMORANDUM TO: Dewey Desler, Deputy Administrator FROM: Brad Bennett, Finance Manager 0 DATE: October 18, 2007 SUBJECT: Resolution to Cancel Accounts Receivable for Parking Violations FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager RECEIVED OCT 18 2007 PEfE KREMEN COUNTY EXECUTIVE: Attached is a proposed resolution to cancel uncollected accounts receivable for parking violations that are over a year old. We are unable to send to collections parking violations that are five dollars or less. As per RCW 36.32.120, with Council authorization, we would like to cancel these accounts receivable. If you have any questions regarding this request, please contact Kristin Frank at extension 50790. Thank you. Administration Facilities Management Finance/Accounting Human Resources Information Technology County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 56 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (360) 738-4555 SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: November 7, 2007 RESOLUTION NO. ORDERING THE CANCELLATION OF ACCOUNTS RECEIVABLE MORE THAN A YEAR OLD WHEREAS, the Revised Code of Washington, Section 36.32.120, states the County legislative authority shall audit the collection of money belonging to the County; and, WHEREAS, Administrative Services has provided a list of parking violation accounts receivable that were incurred prior to September 1, 2006 and are uncollectible. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that Administrative Services Finance is directed to write off as uncollectible accounts receivable listed in Exhibit A. APPROVED this day of , 2007. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Carl Weimer, Council Chair APPROVED as to form: Civil Deputy Pro c for 57 EXHIBIT A: CANCELLATION OF PARKING VIOLATION ACCOUNTS RECEIVABLE Invoice Date Fund Customer No. Customer Name Description Amount 8/21/2006 507 1735615 ABBOTT, THOMAS J PKG VIOL# 1490 LIC# 953NAJ 5.00 5/2/2006 507 1690630 ABEL, THEODORE C & JOS PARKING VIOL#1225 LIC#173MLK 5.00 9/15/2005 507 1609811 ACOBA, RILEY PARKING VIOL#898 LIC#841TXN 5.00 10/29/2004 507 1488790 ALAMO FINANCE PARKING VIOL#625 LIC#5EIF126 5.00 8/25/2006 507 1738015 ALANIS, JANIE PKG VIOL# 1517 LIC# 78OPYV 5.00 7/12/2004 507 1435428 ANDERSON, TODD PARKING VIOL LIC# SOARER 5.00 4/28/2004 507 1403750 AYALA, EVELIA PARKING VIOL LIC# 915 FQI 5.00 7/1/2005 507 1578120 BAGSBY, WILLIAM PARKING VIOL#840 LIC#316NUF 5.00 8/30/2006 507 1739659 BALL, LARRY E PKG VIOL# 1541 LIC# 058TFE 5.00 6/16/2004 507 1425473 BARROW, IVAN M PARKING VIOL LIC# 966 JIV 5.00 8/25/2004 507 1454320 BASH, RACHELAD PARKING VIOL#499 LIC#251RGZ 5.00 8/25/2004 507 1454362 BEAULIEU, CHRISTINE A PARKING VIOL#495 LIC#562RWG 5.00 10/7/2004 507 1473811 BECKETT, RANDAL G PARKING VIOL#592 LIC#416MYH 5.00 7/15/2004 507 1098898 BEIGHLEY, STACEY L PARKING VIOL LIC# 686 NUI 5.00 9/8/2005 507 160756E BENEJAN, JOSEPH & BRID PARKING VIOL#897 LIC#868KYU 5.00 8/24/2006 507 1736263 BENNETT, BRITTANY R PKG VIOL# 1510 LIC# 733UMB 5.00 5/4/2006 507 1691106 BERG, ANNETTE B PARKING VIOL#1250 LIC#779PZU 5.00 7/7/2004 507 978244 BERGH, MANDI M. PARKING VIOL LIC# 159 PMR 5.00 8/25/2006 507 1738040 BISBEE, HALI PKG VIOL# 1520 LIC# 613UBE 5.00 11/15/2004 507 98052 BLAKESLEY, MARY PARKING VIOL#637 LIC#A41123J 5.00 5/4/2006 507 1694235 BOLES, ANGELA PARKING VIOL#1077 LIC#065MIN 5.00 4/19/2004 507 1398356 BOWMAN, REBECCA A PARKING VIOL LIC# 088 KQl 5.00 9/20/2004 507 1466961 BRENNAN, JULIE A PARKING VIOL#560 LIC#364KQG 5.00 2/13/2006 507 1665320 BROKAW, CHRISTINE PARKING VIOL#1037 LIC#A03218D 5.00 5/21/2004 507 1411451 BROOKINGS, GEORGE W PARKING VIOL LIC#A53628C 5.00 8/29/2006 507 1739632 BROOKS, JUSTIN & CRYST PKG VIOL# 1532 LIC# S39459 5.00 6/28/2005 507 1576845 CALKINS, JUDY PARKING VIOL#831 LIC#314PZB 5.00 12/14/2004 507 1509992 CHARTIER, JAQUELINE M PARKING VIOL#284 LIC#201RGY 5.00 6/16/2004 507 1425449 CHASE, PAUL T PARKING VIOL LIC# 664 SCL 5.00 3/31/2005 507 1425449 CHASE, PAUL T PARKING VIOL.#744 LIC#589PZV 5.00 5/2/2006 507 1691069 CIAROLLA, DANIEL J & K PARKING VIOL#1221 LIC#5HCU931 5.00 8/30/2004 507 1457264 CORDOVA, DARRYL D PARKING VIOL#504 LIC#554RWJ 5,00 8/4/2004 507 1445520 CRAIG, MARLENE J PARKING VIOL#449 LIC#974RXN 5.00 5/10/2006 507 1694500 DAVIES, WILLIAM E & WI PARKING VIOL#1266 LIC#747MSD 5.00 7/25/2006 507 1722996 DHILLON, JASWANT KAUR PKG VIOL# 1459 LIC# 358BKP 5.00 7/30/2004 507 1443031 DODSON, VIRGINIA M PARKING VIOL LIC# 409 RPH 2.00 3/15/2004 507 1387235 DOUGHTY, MIKE PARKING VIOL LIC# 125 RPI 5.00 9/22/2005 507 1617563 DOUGLAS, RICHARD & JUD PARKING VIOL#903 LIC#21-A612 2.00 6/24/2004 507 1425684 DRURY, LINDSEY A PARKING VIOL LIC# 687 MWO 5.00 7/26/2006 507 1432585 EASTMAN, FRANCES & B H PKG VIOL# 1463 LIC# 869SHQ 5.00 4/l/2005 507 1543971 EASTON, BYON PARKING VIOL#750 LIC#A31784P 5.00 4/25/2006 507 1689452 ERICKSON, KELSEY M PARKING VIOL#1169 LIC#559RPM 5.00 5/30/2006 507 1699722 FARMER, ELIZABETH A PARKING VIOL#1326 LIC#959CDW 5.00 8/25/2006 507 110154 FLAHERTY, TROY PKG VIOL# 1522 LIC# 091TOA 5.00 5/19/2006 507 1696994 FRAZER, COURTNEY PARKING VIOL#1302 LIC#256NJH 5.00 10/13/2005 507 1372025 FROMMER, GREGORY C. PARKING VIOL#940 LIC#915RHB 5.00 5/17/2005 507 1559017 FURSMAN, KRISTY PARKING VIOL#792 LIC#505RWI 5.00 9/16/2004 507 1464827 GAONA, JUANA S PARKING VIOL#556 LIC#617SHH 5.00 9/6/2005 507 1606258 GILLAND, LARRY PARKING VIOL#890 LIC#841MNI 5.00 9/14/2004 507 1464691 GOERIG, DAVID C PARKING VIOL#542 LIC#596GQF 5.00 2/13/2004 507 1377281 GORE, JEFF D PARKING VIOL LIC#A17229P 5.00 7/8/2004 507 1432825 GRAY, KIMBERLY N PARKING VIOL LIC# 755 PZW 5.00 7/20/2006 507 1721002 GUARDI, JOHN PKG VIOL# 1451 LIC# 130LUB 5.00 3/2/2004 507 1383269 GUARDIAN WATCH INC PARKING VIOL LIC# 204 MCD 5.00 12/6/2005 507 1647279 HAERTEL, CHELSEA PARKING VIOL#992 LIC#237NDS 5.00 1/5/2006 507 1652941 HANCOCK, DANNIELLE PARKING VIOL#1011 LIC#502JJR 5.00 8/25/2006 507 865223 HART, HAL H. PKG VIOL# 1526 LIC# 447UE1 5.00 5/25/2004 507 1413464 HART, STEVEN ER PARKING VIOL LIC# 125 RWS 5.00 11/5/2004 507 1492490 HAVERMAN, RYAN & CATHE PARKING VIOL#634 LIC#274PCG 5.00 7/6/2004 507 1432500 HAYWARD, MARY PARKING VIOL LIC# 811 KHA 5.00 4/20/2004 507 1399130 HERNANDEZ, CELAYA PARKING VIOL LIC# 303 NKZ 5.00 11/22/2005 507 1639181 HICKOK, KRISTEN PARKING VIOL#986 LIC#012HVY 5.00 7f7/20061 507 1 1716772 HOLMBERG, TINA & JAMES PKG VIOL# 11427 LIC# 642KRV 5.00 EXHIBIT A: CANCELLATION OF PARKING VIOLATION ACCOUNTS RECEIVABLE Invoice Date Fund Customer No. Customer Name Description Amount 11/3/2005 507 1633547 HUGHES, DAVID PARKING VIOL#961 LIC#314PGX 5.00 6/23/2006 507 83264 HUMPHREY, THOMAS D PKG VIOL# 1386 LIC# 524TXO 5.00 6/8/2006 507 1705379 HURLEY, ELI JOSEPH PARKING VIOL#1341 LIC#79OLLI 5.00 7/16/2004 507 632850 INGMAN, ROBIN R. PARKING VIOL LIC# 004 HMS 5.00 2/19/2004 507 1377361 JACKSON, GEORGE PARKING VIOL LIC# 688-MCA 5.00 2/24/2004 507 1377361 JACKSON, GEORGE PARKING VIOL LIC# A74309E 5.00 4/19/2005 507 1377361 JACKSON, GEORGE PARKING VIOL#766 LIC#688MCA' 5.00 4/7/2006 507 1683958 JETER, JEREMIAH J PARKING VIOL#1104 LIC#732UDV 5.00 8/21/2006 507 1735666 JIMENEZ-MARTINEZ, MART PKG VIOL# 1494 LIC# 947SDY 5.00 7/2/2004 507 1432526 JOHNSON, SHANE E PARKING VIOL LIC# A62987T 5.00 7/26/2006 507 1723534 JULES, ISHA RAY PKG VIOL# 1464 LIC# A96560L 5.00 7/11/2006 507 1718452 KALTENBACH. TERRI L PKG VIOL# 1431 LIC# A76430H 5.00 6/9/2006 507 1705467 KEYES, ERENDIRA PARKING VIOL#1343 LIC# 091 UQM 5.00 8/19/2004 507 1451639 KINDER, MARCIA PARKING VIOL#486 LIC#804GTG 5.00 8/25/2006 507 1738031 KLINE, LORETTA PKG VIOL# 1519 LIC# 321TXN 5.00 8/10/2004 507 1447411 KNESS, ANNA M PARKING VIOL# 465 LIC# 651SDZ 5.00 2/2/2006 507 1664749 KRAVCHENKO, VITALIY PARKING VIOL#1034 LIC#423000 5.00 10/4/2005 507 1617580 KUPPALA, DEVEN PARKING VIOL#921 LIC#368SHJ 5.00 7/30/2004 507 1443049 KURDZIEL, KEVIN W PARKING VIOL LIC# 671 RBG 5.00 10/7/2004 507 1473846 LAWRENCE, LEE ANN PARKING VIOL#587 LIC#915NEE 5.00 2/9/2005 507 1415401 LEUENBERGER, BOWEN J PARKING VIOL#688 LIC#A11059N 5.00 8/24/2006 507 1736301 LINGBLOOM, JEFF PKG VIOL# 1514 LIC# 732UWZ 5.00 4/6/2006 507 1652959 LOPEZ DE ARRIAGA, CASS PARKING VIOL#1071 LIC#751 UCS 5.00 7/8/2004 507 1432817 LUKE, DINAH PARKING VIOL LIC# 073 LTI 5.00 2/27/2004 507 1380076 LYNCH, DAVID R PARKING VIOL LIC# 795 LZL 5.00 8/29/2006 507 1739616 LYNCH, GLENDA C PKG VIOL# 1533 LIC# 285UZK 5.00 8/12/2004 507 1448501 MACHALSKI, LINDA L PARKING# 468 LIC# 247 RPG 5.00 5/12/2006 507 1695131 MAKWANA, SAROJ PARKING VIOL#1282 LIC#638MCC 5.00 5/11/2006 507 1694471 MARTIN, PAMELA R & EVA PARKING VIOL#1270 LIC#716TAV 5.00 8/21/2006 507 1735703 MARTINEZ, TERESA PKG VIOL# 1498 LIC# 754RKK 5.00 8/21/2006 507 1735703 MARTINEZ, TERESA PKG VIOL# 1498 LIC# 754RKK 5.00 4/21/2005 507 1550418 MCMILLEN, BERTINA PARKING VIOL#770 LIC#A83785V 5.00 7/13/2006 507 1718461 MEJIA-CISNEROS, ALMA R PKG VIOL# 1435 LIC# 592UJD 5.00 8/8/2006 507 1729750 MENDOZA-FARIAS, JOSE J PKG VIOL# 1470 LIC# 657RGZ 5.00 5/22/2006 507 1698877 MIHALCEA, SHEILA PARKING VIOL#1306 LIC#479MRZ 5.00 4/4/2006 507 1682470 MILES, RICKYA PARKING VIOL#1057 LIC#A40247J 5.00 11/29/2004 507 1501261 MILLER, CRISTOPHER $ L PARKING VIOL#646 LIC#463LVP 5.00 6/9/2006 507 1705475 MORECOMBE, BAILEY M PARKING VIOL# 1345 LIC# 056SXR 5.00 11/9/2005 507 1633563 MORGAN, SCOTT PARKING VIOL#970 LIC#169SPW 5.00 8/21/2006 507 1735674 MURPHY, MJ PKG VIOL# 1495 LIC# IOZ489 5.00 7/1/2004 507 1432593 NEIL, JEAN BILLIE PARKING VIOL LIC# 043 NUK 5.00 1/25/2005 507 153365 NOWAK, DELWIN J PARKING VIOL#290 LIC#773PHS 5.00 5/17/2005 507 1559025 NUNEZ, FERNANDEZ MARGA PARKING VIOL#793 LIC#119HID 5.00 5/l/2006 507 1690015 OLENSLAGER, RANDALL L PARKING VIOL#1192 LIC#888PYR 5.00 7/14/2005 507 43713 OSTLUND, JON E. PARKING VIOL#849 LIC#699JQX 5.00 2/9/2005 507 1528739 PABLO, CANDICE PARKING VIOL#293 LIC#786KWF 5.00 10/19/2004 507 1481918 PADILLA, RYAN L PARKING VIOL#609 LIC#247PZX 5.00 3/4/2005 507 1536149 PALMER, EISHMON N PARKING VIOL#715 LIC#578NEE 5.00 4/27/2005 507 82931 PETERSON, CHRIS PARKING VIOL#776 LIC#307RWI 5.00 9/19/2005 507 1611233 PORTER, MINDI PARKING VIOL#900 LIC#624JQX 5.00 12/22/2005 507 1611233 PORTER, MINDI PARKING VIOL#1004 LIC#788UEH 5.00 1/24/2006 507 1611233 PORTER, MINDI PARKING VIOL#1028 LIC#788UEH 5.00 8/21/2006 507 1735658 PUGH, HAROLD A PKG VIOL# 1493 LIC# 251SOE 5.00 6/7/2004 507 1418548 RAKHSHAN, ANDREW K PARKING VIOL LIC# 414 RWG 5.00 5/10/2006 507 1191427 RAMSAY, SONJA & TODD PARKING VIOL#1267 LIC#360SEA 5.00 3/1/2005 507 1535488 REECE, MICHAEL PARKING VIOL#710 LIC#842MYP 5.00 802004 507 1445415 RELAX RENT A CAR PARKING VIOL LIC# 761 KBK 5.00 11/2/2005 507 1629038 RICE, PATRICIA PARKING VIOL#956 LIC#496NCU 5.00 1/13/2005 507 1370345 ROCKER, ALEXANDER W. PARKING VIOL#666 LIC#KNJ408 5.00 5/23/2006 507 249391 SANCHEZ, PIERRE F PARKING VIOL#1314 LIC#635SHH 5.00 3/23/2004 507 1389505 SCOTT, LORI A 1PARKING VIOL LIC# 065SDW 5.00 4/6/2006 507 1569178 SCOVIL, NICOLE IPARKING VIOL#1075 LIC#022PHQ 5.00 8/3/2004 507 1 404179 1 SHAW, DE BRA A I PARKING VIOL#448 LIC#985RTP 5.00 59 EXHIBIT A: CANCELLATION OF PARKING VIOLATION ACCOUNTS RECEIVABLE Invoice Date Fund Customer No. Customer Name Description Amount 6/28/2004 507 1427170 SHELLY, RANDALL L PARKING VIOL LIC# 148 MRY 5.00 6/6/2006 507 1705281 SHIELDS, CHERYL PARKING VIOL#1338 LIC#630TNX 5.00 5/3/2006 507 1691042 SKOGEN, LARRY D PARKING VIOL#1230 LIC#K342665 5.00 8/16/2006 507 78588 SMITH, JAIME RAE PARK VIOL# 1478 LIC# 482TCE 5.00 9/3/2004 507 527611 STANFORD, CHARLES H PARKING VIOL#513 LIC#275HWQ 5.00 5/1/2006 507 1690171 STARWALT, DICKEY L & D PARKING VIOL#1200 LIC#570MEC 5.00 11/15/2005 507 1636297 STEWART, MATTHEW PARKING VIOL#982 LIC#A65823K 5.00 7/1/2005 507 1578074 STOLLER, KATHLEEN PARKING VIOL#839 LIC#926SLN 5.00 7/6/2004 507 1432569 STRAUB, WILLIAM J & HE PARKING VIOL LIC# 086 KAR 2.00 5/19/2006 507 1696978 SUTTON, TAYLOR J PARKING VIOL#1300 LIC#613UTA 5.00 3/21/2005 507 1540009 SWEITZER, FRANCES PARKING VIOL#737 LIC#617RWH 5.00 71712004 507 1432681 TEMPLEMAN, RALPH & SAR PARKING VIOL LIC# 799 RWG 5.00 7/12/2004 507 1435436 TERRYLL, MICHAEL P PARKING VIOL LIC# 304 PZV 5.00 6/23/2005 507 1576837 TEWES, REBECCA PARKING VIOL#829 LIC#735PHT 5.00 10/19/2005 507 1624851 THOMAS CHEV BUICK LLC PARKING VIOL#943 LIC#MV31N 5.00 7/2/2004 507 1377310 THOMAS, SHERRY PARKING VIOL LIC# 023 JDB 5.00 6/23/2005 507 1576790 TINKER, ZACHARY PARKING VIOL#827 LIC#A36825W 5.00 4/7/2006 507 1683974 TODD, ANDREW C PARKING VI0L#1102 LIC#514PVD 5.00 3/2/2004 507 1383277 TURNER, LAUREN L PARKING VIOL LIC# 380 NLS 5.00 5/22/2006 507 1698922 TURNER, RICHARD J PARKING VIOL#1313 LIC#NG00154 5.00 5/24/2006 507 1699079 WADE, TIMOTHY A PARKING VIOL#1078 LIC#741 RNS 5.00 1/20/2006 507 1656010 WALKER, MARGARET PARKING VIOL#1020 LIC#2121-00 5.00 8/21/2006 507 1735640 WALTERS, ANDREW J PKG VIOL# 1492 LIC# A50010Y 5.00 11/19/2004 507 28747 WARBUS, ROSE A. PARKING VIOL#640 LIC#949MLD 5.00 3/4/2004 507 801561 WESTBROOK, ANTHONY M. PARKING VIOL LIC# 031 RWI 5.00 6/9/2006 507 828529 WRIGHT, DUANE PARKING VIOL# 1344 LIC# 523RLX 5.00 Total Fund 507 751.00 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 9nn7_A17 CLEARANCES .Initial Date Date Received in Council Office A enda Date Assigned to: Originator 1025/07 I� 5�� `_ L ",�1,' ,L- l� 0 u T 3 0 2007 4HATC O M COMIC'( 11i07i07 Division Head: / 6 101,911,61ll Dept. Head: Prosecutor. Purchasin Bud A/ 10i25i07 rOUNICI. Executive: n3p TITLE OF DOC MENT.• Approval to Award Bid 07-108 — Stockpile of Crushed Aggregate 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 is requesting approval to award Bid 07-108 and approval for the Executive to enter into a contract for the supply crushed rock to be stockpiled and used by Maintenance & Operations. Two bids were received and the recommendation is for award to the low bidder, Aggregates West for a total cost of $1,142,676.00. The costs will be spread out over a two-year period. Funds are available as this is a regularly budgeted operational expense. 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. _1Y 61 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 �GOM c0 A FINANCE/ACCOUNTING DATE: 25 October 2007 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Award of Bid 07-108 Stockpile Supply of Crushed Aggregate Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager ■ Background & Purpose Bids were duly advertised for the supply of crushed aggregate that will be stockpiled at various County pits and used by Public Works Maintenance & Operations for regular road maintenance. Two bids were received and Tuesday, October 23 and are noted below. Aggregates West, Inc. 1 1,054,130.00 1 88,546.92 1 $1,142,676.92 Wilder Construction Company I 1,509,300.00 1 126,781.20 I 1,636,081.20 Public Works s requesting approval to award the bid and enter into a contract with the low bidder, Aggregates West, Inc. for a total amount of $1,142,676.92 ■ Funding This is a planned purchase with funds approved in the 2008 budget. Delivery of product will not occur until May of 2008, but the vendor needs lead time to produce the rock. I concur with this request. Admin. Services Finance Manager Approved as recommended: County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources Information Services County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 62 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (360) 738-4555 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM EQUIPMENT SERVICES DIVISION 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 THROUGH: Frank M. Abart, PW Director .*/— FROM: Eric L. Schlehuber, PW Equipment Services Manager Mary A. Green, PW Maintenance & Operations Superintendent RE: Bid #07-108, Aggregates Crushing/Stockpiling (Seal Rock) DATE: October 25, 2007 ■ Requested Action Approval requested to award the aggregate crushing (seal rock) contract to the lowest responsive bidder, Aggregates West, Inc., in the amount of $1,142,676.00. ■ Background and Purpose Bids were duly advertised for the stockpiling of approximately 44,000 cubic yards of crushed aggregates (seal rock) over a two-year period (2008-2009) at the following Whatcom County gravel pit locations: (1) Abel Pit and (2) Siper Pit. The Public Works Maintenance & Operations Division uses these materials regularly for annual maintenance on county roads and on county 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. Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the November 7, 2007 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 63 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-438 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. 10/25/07 FJ (�-� ii `,,Itiln -- 11/07/07 inance/Counc Division Head: {� q c� 0 u ! 3 0 2007 Dept Head.- WHATCOM COUNTY COUNCIL Prosecutor. Purchasin 10/25/07 Executive: O TITLE OF DOCUMENT: Approval to Award Bid 07-102 Roadside Mowing Tractor 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 is requesting approval to award Bid 07-102 for a replacement roadside mowing tractor to be used by Maintenance & Operations. The recommendation is for award to the only responsive bidder, Farmers Equipment Company for a total cost of $93,360.58. This is a planned purchase and funds are available 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 prinfing on the County's website at. www.co.whatcom.wa.us/council. ." WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 DDesier@co.whatcom.wa.us DEWEY G. DESLER Director 'C,O1. k1 CMG DATE: 25 October 2007 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Mana9er SUBJECT: Award of Bid 07-102 Roadside Mowing Tractor FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager ff Background & Purpose Bids were duly advertised for the supply of a replacement roadside mowing tractor that will be used by Maintenance & Operations. Four bids were received and Tuesday, October 9 and only one of the four met specifications. 4 k 4 _�-5r �J"ti'1�4 • � _t^;;: _ �.. �; .LIY��._.-...-_ � �,.`;�'�-.-��L�'�%�}�t�� Tr� Farmers Equipment McConnick MT420 w/Diamond DBR050 • ' WEE Public Works ER&R is requesting approval to purchase the unit from the only responsive bidder, Farmers Equipment Company for a total amount of $93,360.58. ■ Funding This is a planned purchase with funds approved in the current budget. I concur with this request. Admin. Services Finance Manager Approved as recommended: County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources Information Services County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 65 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (360) 738-4555 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director �GOM co l QSHr N GS MEMORANDUM 901 W. Smith Road Bettingham, WA 98226 Phone # (360) 676-6759 Fax # (360) 380-8115 Eric L. Schlehuber, Division Manager TO: Brad Bennett, AS Finance Manager THROUGH: Frank M. Abarl, PW Director FROM: Eric L. Schlehuber, PW Equipment Services Manager® Mary A. Green, PW Maintenance & Operations Superintendent RE: Bid #07-102, ROW Roadside Mowing Tractor with Long Arm Rotary Boom DATE: October 25, 2007 ■ Requested Action After researching the costs for a ROW roadside mowing tractor with long arm rotary boom, I am requesting Executive and Council approval to purchase one 2007 McCormick MTX120 Tractor with Diamond DBR050-C-G Mower from the lowest responsive bidder, Farmers Equipment Company, in the amount of $93,360.58 to replace the following:, DEPT REPLACE UNIT # MAKE! MODEL PW 1 M&O 327 1994 Ford 7840 Tractor EST. HOURS 8,831.0 ■ Background and Purpose This unit was approved as a replacement in the 2007-2008 Equipment Rental and Revolving Capital Equipment Budget. The above listed department will use this unit in the performance of county business. Bids were duly advertised for this ROW roadside mowing tractor with long arm rotary boom. Four bids were received Tuesday, October 9, 2007. Below is the detailed bid tabulation for the lowest responsive bid that meets minimum specifications. VENDOR MAKElMODEL BASE PRIDE SALES iAX $., TQTAL Farmers Equipment Company 2007 McCormick MTX120 Tractor with $ 86,126.00 $ 7,234.58 $ 93,360.58 Diamond DBR050-C-G Mower ■ Funding Amount and Source This amount was budgeted during the 2007-2008 Budget process. 1 am requesting Executive and Council approval to purchase this unit from Farmers Equipment Company in Lynden, Washington for the base price of $86,126.00 per unit plus sales tax of $7,234.58, for a total of $93,360.58. Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the November 7, 2007 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. WHATCOM COUNTY COUNCIL AGENDA BILL No. 2007-439 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator 10/25107 - 0 (T 3 0 2097 11/07/7 finance/Counc Division Head. 2� Dept Head.' _�s �p ^r-y� Vl�! fA leOM COU�J 1 t Prosecutor O O i u, f� � � L Purchasin et: 10/25/07 Executive: '6/0-,;1'B TITLE DO UMENT: Approval to Award Bid #07-104 Replace Dielectric Unions at Courthouse ATTACHMENTS: Memos from Finance and Facilities Management SEPA review required? { } Yes (x) NO Should Clerk schedule a hearing ? ( } Yes ( x ) NO SEPA review completed? { ) Yes (x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (if this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Administrative Services Facilities Management Department is requesting approval to award a bid for the replacement of the dielectric unions and valves at the Courthouse. They would like to award to the low bidder, Andgar Corporation. Facilities Management further requests authorization for the Executive to enter into an agreement with Andgar Corporation not to exceed $69,897.39 including state sales tax over a two year period. Funds are available for this project in 2007 and 2008 from ASR 2007-264. 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. 67 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 A% 07 Co GZ 'r A �QSr'f! H G� Or DATE: 25 October 2007 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Award of Bid 07-104 Replacement of Dielectric Unions FINANCE ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager Background & Purpose Bids were duly advertised for the replacement of the dielectric unions and valves in the Courthouse. Two bids were received on Tuesday October 16 and are noted below. Sales tax is included in the prices for each phase. Vendor Phase 1 2007 Budget Phase 2 2008 Budget Total Andgar Corp. 40,101.40 29,795.70 $69,897.39 Blythe Plumbing & Heating 73,100.00 62,678.00 135,778.00 Facilities Management is requesting approval to award the bid and enter into a contract with the low bidder, Andgar Corporation for a total amount of $69,897.39. ■ Funding This is .a planned project and the funds were split between two budget years. The project was approved in ASR 2007-264, with Phase 1 budgeted in 2007 and Phase 2 budgeted in 2008. 1 concur with this request. Admin. Services Finance Manager Approved as recommended: County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources information Services County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 68 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738.4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (360) 738-4555 WHATCOM COUNTY ADMINISTRATIVE SEVICES Whatcom County Courthouse 311 Grand Ave, Suite 108 Bellingham, WA 98225-4083 Ddesler@co.whatcom.wa.us DEWEY G. DESLER Director MEMORANDUM TO: Brad Bennett, Finance Manager FROM: Michael Russell, Facilities Manager. DATE: October 18, 2007 FACILITIES MANAGEMENT 316 Lottie Street Bellingham, WA 98225-4010 Phone: 360.676.6746 Fax: 360.676.6789 Facilities@co.whatcom.wa.us MICHAEL RUSSELL Facilities Manager RE: Recommend to Accept Bid Award #07-107 — Replace Dielectric Unions at the Whatcom County Courthouse. On Tuesday, October 16, 2007 two bids were received in response to Whatcom County Bid #07-104, Replace Dielectric Unions, Bellingham, Washington. The following bids were received: ✓ Andgar Corp., PO Box 2708, Ferndale, WA 98248 in the amount oh Phase I - $40,101.49 — including WSST Phase II - $Z9,795.90 — including WSST ✓ Blythe Plumbing & Heating Inc., 2201 Humboldt, Bellingham, WA 98225 in the amount oh Phase I - $73,.f00.00 -- including WSST Phase II - $62,678.00 — including WSST Andgar Corp. met all of the required specifications for performing the work required for this project. It is the recommendation of this office that the low bid submitted by Andgar Corp. be accepted.. Funding for this project is provided in ASR# 2007-264 in the amount of $50,000 in 2007 & $50,000 in 2008. If you need additional information, please contact me at extension 50575. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-440 CLEARANCES initial Date Date Received in Council Office A enda Date Assigned to: Originabr. 10/25/07 „ �` L: �� Q C T 3 0 2007 COM UNrY �� U I L 11 /07/07 ,inn e Division Head: Joe t �� % �7 Dept Head, Prosecutor Purchasin ud t: � 10/25/07 Executive: I f R 0- V'07 TITLE OF DOCUMENT: Approval to Purchase Two Hybrid SUV's using Bid 07-33 ATTACHMENTS: Memos from Finance and Public Works SEPA review required? ( ) Yes ( x) NO SEPA review completed? { ) Yes (x ) 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) Public Works is requesting approval to purchase two hybrid SUV's for use by Engineering using the pricing from Bid 07-33. The vendor is Diehl Ford and the total cost is $59,997.16. Engineering plans on retiring four vehicles in exchange for these two. This is a planned purchase and funds were approved in Supplemental Budget #9. COMMITTEE ACTION: COUNCIL ACTION: Reiafed 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. 70 WHATCOM COUNTY ADMINISTRAI-IVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 DDeslcr@co.whatcom.wa.us DEWEY G. DESLER Director DATE: 25 October 2007 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Bid 07-33 Purchase of 2 Small Hybrid SUV's FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whaLcom.wa.us BRAD BENNETT Manager ■ Background & Purpose Public Works is requesting approval to purchase two additional hybrid SUV's using the pricing from Bid 07-33. The vendor, Diehl Ford is willing to honor the bid price. Public Works Engineering Services will use the vehicles. Engineering intends to surplus four vehicles in exchange for these new units. e Pr�c -a tic, o es Diehl Ford Ford Escape 27,623.00 55,246.00 4,751.16 $59,997.16 Public Works ER&R is requesting approval to purchase the units from Diehl Ford for a total amount of $59,997.16. ■ Funding This is a planned expenditure and funds for this purchase were approved in supplemental budge #9. 1 concur with this request. Admin. Services Finance Manager Approved as recommended: County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources Information Services County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 71 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 rfY (360) 738-4555 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director Co RShfK 1 MEMORANDUM EQUIPMENT SERVICES DIVISION 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 THROUGH: Frank M. Abart, PW Director FROM: Eric L. Schlehuber, PW Equipment Services Manage RE: Bid #07-33, Small Hybrid 4WD Utility Vehicle DATE: October 25, 2007 ■ Requested Action After researching the costs for a small hybrid 4WD utility vehicle, I am requesting Executive and Council approval to purchase two 2008 Ford Escape 4WD Hybrid vehicles from the lowest responsive bidder, Diehl Ford, Inc., in the amount of $59,997.16. The net effect will be a two vehicle reduction in the Public Works fleet. DEPT REPLACE UNIT # MAKE I MODEL EST. MILEAGE PW 1 ADMIN 012 2002 Dodge Van —15 Passenger 14,363.0 PW 1 ADMIN 093 1993 Dodge Dynasty 43,520.0 PW 1 ENG 113 1993 Dodge D150'/z-Ton Pickup 57,073.0 PW 1 ENG 122 1993 Dodge D150'/z-Ton Pickup 92,852.0 ■ Background and Purpose These units were approved as additions in the 2007-2008 Equipment Rental and Revolving Capital Equipment Budget under 2007 Supplemental Budget #9. Public Works Engineering Services will use these units in the performance of county business for inspections. Bids were duly advertised for these small hybrid 4WD utility vehicles. Three bids were received Tuesday, April 3, 2007. Per the bid document and bid response form, the vendor is willing to honor the original bid price (Washington State Intedocal Cooperative Act RCW 39.34) for these two additional units. Below is the detailed bid tabulation for the lowest responsive bid that meets minimum specifications. VEN[tOR MAKEIMO��L BASESPRICEFOR2 SALESFTFAKOUBASE TOTAL Diehl Ford, Inc. 2008 Ford Escape 4WD Hybrid $ 55,246.00 $ 4,751.16 $ 59,997.16 ■ Funding Amount and Source This amount was budgeted during the 2007-2008 Budget process in Supplemental Budget #9. 1 am requesting Executive and Council approval to purchase these units from Diehl Ford, Inc. in Bellingham, Washington for the base price of $27,623.00 per unit for a total of $55,246.00 for two units plus sales tax of $4,751.16 on base, for a total of $59,997.16. Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the Whatcom County Council Meeting on November 7, 2007. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 72 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2w7-4 4 3 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: originator.- BIJt' 10/25/07 _ U CE / Ea � �4 `/ 11 [1 � ` �" �� ~� 0 C T 3 0 21397 VVHATC/0�M ��0++��UNTY C LJa,sh4L•iL 11/07/07 Finance Coup Division Head. L/ � �� L � � Dept. Head: Prosecutor. Purchasfn u e. IXA 10/25/07 Executive: 10 -3B -d % TITLE OP DOCUME T. Approval to Purchase a Hi -Roof Cargo Van ATTACHMENTS: Memos from Finance and Public Works SEPA review required ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) 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.) Public Works Equipment Rental is requesting approval to purchase a high roof cargo van for use by Facilities Management using a Washington State Contract. The vendor Dwayne Lane. The total cost for this purchase is $52,010.64. This is a planned purchase and funds are 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. ii 73 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 DATE: 25 October 2007 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Approval to Purchase a High Roof Cargo Van ■ Background & Purpose FINANCEIACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa_ us BRAD BENNETT Public Works ER&R would like to purchase a high roof cargo van using the Washington State Contract. Initially, a bid was issued for this unit and was sent directly to all local dealers. No responses were received. This vehicle is an addition to the fleet and will be used by Facilities Management. Public Works ER&R is requesting approval to purchase a Dodge Sprinter Van from Dwayne Lane. The total cost of the vehicle is $52,010.64. ■ Funding Funds for this purchase were approved in the current budget, reference ASR 200.7-589. 1 concur with this request. Admin.Services Finance Managa Approved as recommended: County Executive Date Manager Administration Facilities Management Fnance/Acoounting Human Resources Information Services County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 74 Fax (360) 676-6775 Fax (360) 676-6769 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676.7727 TTY (360) 738-4555 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director "Co m C� G� r MEMORANDUM 901 W. Smith Road Bellingham, WA 98226 Phone 1# (360) 676-6759 Fax J# (360) 380-8115 Eric L. Schlehuber, Division Manager TO: Brad Bennett, AS Finance Manager THROUGH: Frank M. Abart, PW Director /O /gf d, FROM: Eric L. Schlehuber, PW Equipment Services Manager RE: State Bid Contract #05006 (2007/2008 Cargo Van) DATE: October 18, 2007 ■ Requested Action After researching the costs for a high roof cargo van, I am requesting Executive and Council approval to purchase one 2007/2008 Dodge Sprinter Van from the Washington State Bid Procurement List to replace the following unit: DEPT REPLACE UNIT # AS / FAC Addition — ASR #2007-589 ■ Background and Purpose This unit was approved as an addition in the 2007-2008 Equipment Rental and Revolving Capital Equipment Budget on ASR #2007-589. The above listed department will use this unit in the performance of county business. Bids were duly advertised under Bid #07-84 for this high roof cargo van. There were no bids received on Tuesday. September 25, 2007. Due to no bid responses, we would like to proceed with this purchase through the Washington State Bid Procurement List under Bid Contract #05006. VENDOR MAKE 1 MODEL . BASE PRICE SALES TAX. TOTAL Dwayne Lanes Fleet 2007/2008 Dodge Sprinter Van $ 47,760.00 $ 4,250.64 $ 52,010.64 ■ Funding Amount and Source This amount was budgeted during the 2007-2008 Budget process. I am requesting Executive and Council approval to purchase this unit from the Washington State Bid Procurement List for the base price of $47,760.00 per unit plus sales tax of $4,250.64 on base, for a total of $52,010.64. This unit will be purchased from Dwayne Lanes Fleet in Everett, Washington. Please approve this purchase from the state contract and forward to the Executive and the Whatcom County Council for approval at the November 7, 2007 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 75 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-442 CLEARANCES Initial Date Date Received inCouncil Office Agenda Date Assigned to: Originator. r/y 1 V - rrp -6q- 11/7107 FinanceJCouncil Paula J. Cooper a ' ° Division Head:`�j'�j' f /O • /L •Oi Jon Hutchins OCT3 Lq �1 7 Dept. Head: Frank M. Abart 6'LIii$`�l211;iVilSu�� 0�l��orl Prosecutor: OS ! C, J ! 7 COW iJ !' L Dan Gibson Parchasin /Boa e . ✓ 40(� �'��/ I0-70o ,f Executive: f TITLE F DOC MENT: Joint Funding Agreement with United States Geological Survey ATTACHMENTS: Memorandum, Contract Information Sheet 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.) The annual Joint Funding Agreement with the USGS funds the ongoing operation and maintenance of the County's seven stream gages within the early flood warning system. 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.whatcont.wa.us/cottttcil. 76 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director �GOM CO 3�P 6,yi �45HING"t0� MEMORANDUM RIVER AND FLOOD 322 N. Commercial Street, Suite 120 , Bellingham, WA 98225 Phone: (360) 676-6876, (360) 398-1310 Fax: (360) 738-2468 www.whatcomcounty.us TO: The Honorable Pete Kremen, Whatcom County Executive and Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, Public Works Director �b�IW07 FROM: Paula J. Cooper, P.E.% RE: Early Flood Warring System Joint Funding Agreement with USGS DATE: October 16, 2007 Enclosed are two (2) originals of a Joint Funding Agreement bctween Whatcom County and the United States Geological Survey (USGS) for your review and signature. Requested Action Public Works respectfully requests that the County Executive, following approval by the County Council, enter into a Joint Funding Agreement for a total of $74,750 with the USGS for annual operation and maintenance (O&M) of the County's stream gage network. Background and Purpose The County has worked cooperatively with the USGS for a number of years to collect stream gaging data. Stream flow and river stage data are provided on a real-time basis as part of the early warning system, and the historical data are maintained by the USGS for a variety of uses by various agencies. The system currently includes seven gaging stations located throughout the Nooksack River system, as specified in the agreement. Financing of this program is provided on a cost -share basis through the USGS Cooperative Program. Please note the Deming gage has been discontinued and replaced by the Cedarville gage. In addition, the South Fork gage at Wickersham is in the process of being replaced by a new gage at the Saxon bridge. Once we develop a better understanding of the relationship between the old and new gages for use in early warning, we will discontinue the Wickersham gage entirely. Funding Amount and Source The proposed agreement is for a total amount of $74,750, of which S61,710 will be the County's share and $13,040 will be funded by the USGS. As in the past, the City of Bellingham, and the Department of Ecology have provided funding for portions of the annual costs for some of the gages. These cost shares are not included in this agreement as they are addressed in separate agreements between the USGS and those entities. The source of funding for this agreement is the Flood Control Zone District Fund. Differences from Previous Contract The cost of similar services provided last year was $66,800 with a County share of $54,380. The cost increase is related to an adjustment the USGS is implementing over a 3-year period (beginning two years ago) to cover a shortfall that has resulted between 2000 and 2005. In the past, funding requested from cooperators has increased about 3% per year to cover increased operating costs associated with salary increases, inflation, and fuel and insurance premium increases. I:IFLOOD1110 -Early Flood Warning Program\USGS12008 O&M JFA12008 JFA Memo Annual M&O.doc 77 However, the actual funding provided has been insufficient to cover the USGS costs to perform the work in recent years. The USGS is reducing the deficit in half through internal cost -saving measures, and will increase the cost to cooperators by 6% over the 3-year period to address the remaining shortfall. Please contact Paula Cooper at extension 50625, if you have any questions or concerns regarding the terms of this agreement. Encl. 322 N. Commercial Avenue, Bellingham, WA 98225 78 1; IFI,OODU 10 - Early Flood Warning Progrnnrl USGS9008 O&AI JFJI2008 JFif Memo Annual M&O.doc Whatcom County Contract No. WHATCOM COUNTY CONTRACT INFORMATION SHEET Originating Department: Public Works - River and Flood Contact Person: Paula Cooper Contractor's Name: I US Geological Survey Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes X No _ Yes No Ifan Amendment, previous number(s): Is this a renewal? Yes _ No X Contract Amount: (sum of original contract atnt 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 Total nroiect $61,710: County Share: $13,040 memo. Any amendment that provides either a 10% increase in amount or more than $10, 000, whichever is greater, must also go to Council and will need an This Amendment Amount: $ agenda bill and supporting memo. If less than these thresholds, just submit to Total Contract Amount: Executive with supporting memo for approval. $ 74, 750 Scope of Services Operation and maintenance of stream gages within Whatcom County early flood warning network Nature of Contract Amt: (Check one) Fixed Amount X Not to Exceed _ Open Ended Term of Contract: Expiration Date: September 30, 2008 Renewal Option Yes No X .Last Renewal Expires: Special Dates or clauses that require calendaring: Contract Routing SteDS & Signoff !sign or initial? !indicate date transmitted 1. Prepared by. USGS / Lonni Cummins Date_10-16-07 2. Attorney reviewed: +7� ni L. i ow Date W11610'] [electronic] 3. AS -Finance reviewed: dedfi2l Date p2 4. Corrections made: Date / [electronic] hard copyprinted 5. Attorney signoff.- Date D i6 6. Contractor signed: Date 7. Submitted to Exec Office Date (summary via electronic; hardcopies] 8. Reviewed by DCA Date 9. Council approved (if necessmy) Date 10. Executive signed: Date H. Contractor Original Returned to dept; Date 12. County Original to Council Date 79 Whatcom County Contract No. WHATCOM COUNTY CONTRACT ATTORNEY REHEW [submit via electronic trwismittall Originating Department: Public Works River and Flood Contact Person: Paula Cooper Contractor's Name: US Geological Survey first Review: Approved As Is; Prepare Hardcopy for Signoff © Needs Revision; Attorney Comments for suggested changes: Second Review: f7Implemented Attorney Corrections as Indicated f7Approved; Prepare Hardcopy for Signoff f7Additional 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. 0 Form 9-1366 U.S. Department of the Interior Customer #: WA088 (Oct. 2005) U.S. Geological Survey Agreement #: 08W4WA04200 Joint Funding Agreement Project #: 97229EU TIN #: 916001383 Fixed Cost r r Agreement Yes No FOR WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the 1STday of OCTOBER, 2007, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the County of Whatcom, party of the second part. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a fixed -price agreement for the continued operation and maintenance of the Whatcom County-USGS Early Flood Warning stream gaging network, herein called the program and described more precisely in Exhibit A, which is considered a part of this agreement. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2. The following amounts shall be contributed to coverall of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In -Kind Services in the amount of $ NIA. by the party of the first part during the period (a) $13,040 OCTOBER 1, 2007 to SEPTEMBER 30, 2008 by the party of the second part during the period (b) $61,710 OCTOBER 1, 2007 to SEPTEMBER 30, 2008 (c) Additional or reduced amounts by each party during the above period or succeeding periods as maybe determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the patty of the first part. 5. Exhibit A contains a detailed listing of each type of data that will be collected and service that will be provided by the party of the first part at each gaging station in the program. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. In case of such termination, the party of the second part shall be responsible for payment for only those tasks performed by the effective date of termination, on a pro -rats basis. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI-1040). Billing documents are to be rendered QUARTERLY. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B- 212222, August 23, 1983). U.S. Geological Survey United States Department of the Interior USGS Point of Contact Name: Bob Kimbrough Address: USGSIWAWSC 934 Broadway, Suite 300 Tacoma, WA 98402 Telephone: 253-662-1608 Email: rakimbro cDusas.gov Signatures Name of Customer Whatcom County Customer Point of Contact Name: Address: Telephone: Email: Signatures By ate 2.8' 0 7 By 5 EIEF AT-FPce-1+ED Date Name: Cynthia Barton, Ph.D., L.G., L.H.G. Name: Title: Director, USGS Washington Water Title: Science Center By. Name: Title: Date By Date Name: Title: By Date Name: Title: By Date Name: Title: :i EXHIBIT A Agreement 08W4WA04200 Whatcom County/USGS Nooksack Basin Gaging Station Network October 1, 2007 to September 30, 2008 Whatcom Coun USGS Total USGS Station No. 12205000 N.F. Nooksack River below Cascade Creek near Glacier Gaging Station Operation and maintenance (daily discharge) $6,960 $6,520 $13,480 Real-time data (basic service) $2,420 $0 $2,420 Real-time data (priority service) 760 LQ 760 Subtotal $10,140 $6,520 $16,660 USGS Station No. 12208000 M.F. Nooksack River near Deming Gaging Station Operation and maintenance (Funded by City of Bellingham) $0 $0 $0 Real-time data (basic service) $2,420 $0 $2,420 Real-time data (priority service) 760 LQ 760 Subtotal $3,180 $0 $3,180 USGS Station No. 12209000 S.F. Nooksack River near Wickersham Gaging Station Operation and maintenance (daily discharge) $6,960 $6,520 $13,480 Real-time data (basic service) $2,420 $0 $2,420 Real-time data (priority service) 760 L0 760 Subtotal $10,140 $6,520 $16,660 USGS Station No. 12210000 S.F. Nooksack River at Saxon Bridge Gaging Station Operation and maintenance (daily stage) $4,050 $0 $4,050 Stage -discharge rating development $2,700 $0 $2,700 Real-time data (basic service) $2,420 L0 $2,420 Subtotal $9,170 $0 $9,170 USGS Station No.12210700 Nooksack River at Cedarville Gaging Station Operation and maintenance (daily discharge, $6,740 $0 $6,740 funded 6 months by Ecology and USGS) Real-time data (basic service) $2,420 $0 $2,420 Real-time data (priority service) $760 $0 $760 Climate Data (unpublished precipitation and air temp) $2,020 L0 $2.020 Subtotal $11,940 $0 $11,940 EXHIBIT A Agreement 08W4WA04200 Whatcom County/USGS Nooksack Basin Gaging Station Network USGS Station No. 12211200 ctober 1, 2007 to September 30, 2008 Nooksack River at Everson Gaging Station Operation and maintenance (October 15 to April 1, $1,310 $0 $1,310 unpublished stage) Real-time data (basic service) $1,210 $0 $1,210 Real-time data (priority service) 380 K0 380 Subtotal $2,900 $0 $2,900 USGS Station No.12213100 Nooksack River near Ferndale Gaging Station Operation and maintenance (daily discharge) $13,480 $0 $13,480 Real-time data (basic service, $0 $0 $0 funded by Ecology and USGS) Real-time data (priority service) 760 L 760 Subtotal $14,240 $0 $14,240 TOTAL $61,710 $13,040 $74,750 01 WHATCOM COUNTY: Recommended for Approval: 041 Frank M. Abart, Public Works Director Dat 7 Approved as to for(Jm(�: �y //l 07 Daniel Gibson, Prosecuting Attorney Date Approved: Accepted for Whatcom County: 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 WMATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-443 Clearances n' 'at D to Date Received In Council Office Agenda Date Assigned To: Ori 'nafor:. '1 -- n t . -- Pdice_ finance/Counc Division Head: nn r� L% C ET 3 0 2'-107 WHATIGGAA COUNTY Dept. Head: � Prosecutor. 10/ ID7 .1D/21I0•�%] Purchasin lFir et: gnj COUNCIL L f,93,9Y Execulive.• f TITLE OFDOCUMENT. Resolution approving land acquisition ATTACHMENTS. 1. Memorandum 2. Resolution 3. Purchase & Sale Agreement SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? () Yes (X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: DNR has agreed to sell two pieces of surplus property to Whatcom County. Property #1, referred to as the "Deming Transfer" encompasses 53.75 acres and is appraised at $190,000.00. Property #2 is referred to as the "River Road Property," encompasses 24.84 acres and is appraised at $125,000.00. The total purchase price of the two properties is $315,000.00 plus costs of any documentation, prorations and recording. The money to purchase these two properties is in the Flood Control Zone District budget and the expenditure needs to be approved by the Flood Control Zone District Council Board of Supervisors. 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. wwiv.co.whatconr.wa.us/counciL 0 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART DIRECTOR CO P .y 3r s 48Hi raG'�o Jim Perkins Real Estate Manager CIVIC CENTER 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 676-6876 FAX: (360) 738-2468 www.whafcomcounty.us JPerkins@comhatcomma.us RECEIVED M E M O R A N D U M OCT 2 6 2007 To: The Honorable Pete Krernen, Whatcom County Executive. PETE KREMEN Through: Frank M. Abatt, Director wm� d COUNTY EXECtirlVE From: Jim Perkins, Public Works Real Estate Manag Date: October 22, 2007 Re: Purchase & Sale Agreement for DNR surplus property Enclosed is an Agreement for Purchase of 78.59 acres of real estate from the Washington State Department of Natural Resources for $315.000.00. Requested Action I respectfully request that you as County Executive sign the agreement where indicated, have it notarized where indicated, then have your office forward it to the Flood Control Zone District Council Board of Supervisors for approval. • Background and Purpose DNR has agreed to sell two pieces of surplus property to Whatcom County. Property #1, referred to as the "Deming Transfer," encompasses 53.75 acres of land zoned 90% "Commercial Forestry" and 10% Agriculture. This property is located in the Deming area and lies entirely within the FEMA floodway and all but a small corner of it lies within the Nooksack River 100- year flood plain. The property currently is vacant and unimproved, and unmanaged with respect to lateral channel erosion or flooding. The property will be maintained by Whatcom County in its existing natural condition. In addition, the WRIA#1 Salmon Recovery Plan calls for integrating river management with fish habitat needs, which acquisition of this property would accomplish. The appraised price (thus, the sales price) is $190,000. Property #2 is referred to as the "River Road Property." Zoned agricultural, this land encompasses 24.84 acres along the Nooksack River near the city of Lynden. Approximately 4.84 acres abut the river; the remainder is across the road. The Lower Nooksack River Comprehensive Flood Hazard Management Plan adopted by the Whatcom County Flood Control Zone District Board of Supervisors in 1999 identified this property as a potential overflow location -- an important relief valve to help take pressure off the levee system in this area as well as lowering peak water surface elevations during flood events. It also is a desirable property where Parks can provide access to the river for fishing and boating. Currently, Jack Mellema, a neighboring farmer leases the 20-acre portion of the property at $2,900.00 per year and he has seven years remaining on his lease, although there is a 60-day escape clause if the County decides to terminate. Mr. Mellema also has expressed interest in buying the 20 acres should we decide to sell it. The appraised value of this property is $125,000. Funding Amount and Source The total purchase price of the two properties is $315,000 plus costs of any documentation, prorations and recording. The money to purchase these two properties will come out of the Flood Control Zone District budget. Please contact me at extension 50798 if you have any questions regarding this action. Encl. MQ I SPONSORED BY: Public Works Administration 2 PROPOSED BY: Jim Perkins, Real Estate Manager 3 INTRODUCTION DATE: November 7, 2007 4 RESOLUTION NO. 5 6 A RESOLUTION TO APPROVE 7 PURCHASE & SALE AGREEMENT FOR DNR SURPLUS PROPERTY 8 9 WHEREAS, the Washington State Department of Natural Resources (DNR) is offering to sell 10 surplus State Trust Lands located in Whatcom County; and 11 12 WHEREAS, River & Flood has identified two DNR parcels that would be particularly useful to 13 the County: property #1 in its management of the WRIA#1 SaImon Recovery Plan; property #2 as a 14 potential overflow location identified in the Lower Nooksack River Comprehensive Flood Hazard Plan 15 adopted in 1999; and 16 17 WHEREAS, Property #1, referred to as the "Deming Transfer" encompasses 5 3.7 5 acres and is 18 appraised at $190,0O0, and Property #2, referred to as the "River Road Property" encompasses 24.84 acres 19 and is appraised at $125,000; and 20 21 WHEREAS, DNR has agreed to sell the two properties to Whatcom County for their combined 22 appraised value of three hundred fifteen thousand dollars ( $315,000.00), plus costs of any documentation, 23 prorations and recording; and 24 25 WHEREAS, the money for the purchase of these two properties is in the Flood Control Zone 26 District budget; 27 28 NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council, acting as the Flood 29 Control Zone District Council Board of Supervisors, authorize the County Executive to enter into a 30 Purchase & Sale Agreement to purchase the two DNR surplus properties. 31 32 APPROVED this day of 32007 33 WHATCOM COUNTY COUNCIL 34 ATTEST: WHATCOM COUNTY, WASHINGTON 35 36 37 38 Dana Brown -Davis, County Clerk Carl Weimer, Council Chair 39 40 41 42 OV�D S F 43 44 Senior ivil Deputy Prosecuting Attorney STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND, COMMISSIONER OF PUBLIC LANDS AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE THIS AGREEMENT is made as of the day of , 2007, by and between the STATE OF WASHINGTON, acting by and through the Department of Natural Resources ("State") and WHATCOM COUNTY, a municipal corporation, ("Purchaser"). WHEREAS, State is the owner of certain real properties known as Deming and River Road located in Whatcom County, Washington; and WHEREAS, State desires to convey the real properties to Purchaser and Purchaser desires to acquire the real properties; NOW, THEREFORE, in exchange for the mutual promises and covenants herein contained, and other good and valuable consideration, the mutual receipt and sufficiency of which is hereby acknowledged by Purchaser and State, it is agreed as follows: SECTION 1 PROPERTY 1.1 Property to be Sold. State shall sell and convey to Purchaser and Purchaser shall purchase and accept from State, all subject to the terms, conditions and contingencies of this Agreement, those certain real properties located in Whatcom County, Washington, the legal description of which is set forth on Exhibit A, together with all easements, rights -of -way and other rights appurtenant to said real properties. The foregoing properties and rights and interests described above are collectively referred to herein as the "Properties." 1.2 Reservation. This sale is subject to the reservation of oils, gases, and minerals and easements for removal of valuable materials as prescribed in RCW 79.11.210 and in RCW 79.36.370. SECTION 2 PAYMENT 2.1 Purchase Price. Purchaser shall pay State the Purchase Price of THREE HUNDRED FIFTEEN THOUSAND U.S. Dollars ($315,000) and other charges owed by Purchaser described in Section 10.2 below in cash sufficiently in advance of Closing to facilitate certification of payment to the Governor and issuance of the deeds, but in no event shall the Purchase Price be paid later than forty five (45) days after approval of this sale by the Board of Natural Resources. 2.2. No Interest. Any deposits or advance payments made by Purchaser under this Agreement shall'be held by the state treasurer without interest. a SECTION 3 CLOSING 3.1 Date. The "CIosing Date," "Closing," or "Date of Closing," as those terms are used herein, shall rnean the date upon which all monies are paid and all documents are recorded. Closing shall be as soon as practical for State to issue quitclaim deeds from the Governor's Office upon confirmation that the entire Purchase Price shall have been paid to the State Treasury and all terms, conditions and contingencies have been met. 3.2 Place. Closing shall be carried out at the Olympia office of the Department of Natural Resources. Purchaser acknowledges that State is acting as an interested party in preparing documentation for and closing this sale; State is not acting as an escrow. Purchaser should consult an attorney regarding the legal effects of this transaction. SECTION 4 CONVEYANCE, TITLE INSURANCE AND POSSESSION 4.1 Possession. Purchaser shall be entitled to possession of the Properties on the Closing Date. 4.2 Form of Deed. State shall convey title to the Properties to Purchaser by quitclaim deeds executed by the Governor of the State of Washington. Said deed shall be in the same form and format as Exhibit B, attached hereto and incorporated by this reference herein. 4.3 Title Insurance. State will not furnish a policy of title insurance at Closing. SECTION 5 RIGHTS AND OBLIGATIONS AFTER ACCEPTANCE 5.1 . Inspection. Following the date of this Agreement, and with two (2) business days' prior notice, State shall permit Purchaser and/or its designated agents to enter upon the Properties at all reasonable times for the purpose of investigating the Properties, and the physical condition thereof, including without limitation, the condition of improvements, if any, located upon the Properties. Purchaser shall not conduct any invasive testing of the soils without prior written consent of State. 5.2' Indemnification and Hold Harmless Regarding Purchaser's Inspection. Purchaser agrees to indemnify, defend with counsel acceptable to State, and release State, its officers, agents, and employees from any and -all claims, liens or costs, damages, fees and expenses (including but not limited to attorney and paralegal fees, costs and expenses, including costs and fees incurred on appeal and in bankruptcy, as well as consultant fees and costs) arising out of or relating to the actions of Purchaser and actions of Purchaser's agents or employees in exercising such rights of entry or inspections under this Agreement. Purchaser will be responsible for the payment of any fines or penalties charged against State or Purchaser, or for any employees or equipment while under Purchaser's control, employment, or direction, related to activities under Sections 5.1 above and 5.3 below. 91 5.3 Reports and Studies. (a) Subject to the conditions set forth above, Purchaser shall have the right to prepare, or have prepared, engineering studies, feasibility studies, surveys, resurveys or survey updates, environmental reviews, studies or investigations all of which are also collectively referred to as the "Purchaser's Studies" with respect to the Properties. All information discovered by Purchaser through Purchaser's Studies shall be deemed to have been disclosed by State. (b) Further, with respect to Purchaser's Studies, Purchaser agrees that it is not acting as the agent of State, and that Purchaser's contractors, architects, engineers, or other consultants are solely employed by Purchaser to perform the studies for the benefit of Purchaser. Purchaser further shall provide written notice to each contractor, architect, engineer and other consultant of these facts, which notice shall also instruct these parties not to file any liens or notices against the Properties prior to Closing. Purchaser shall ask each party to acknowledge receipt of the notice. Purchaser shall supply State with a written list of each party to whom this notice was sent within ten. (10) days of their issuance, as well as a copy of each notice as acknowledged by the party to whom it was given or sent. (c) In the event that Purchaser does not complete the purchase contemplated in this Agreement, Purchaser shall immediately provide State with Purchaser's Studies at no cost to State. (d) Purchaser shall have the right to examine studies and reports, if any, prepared by State or its consultants, excluding appraisal reports (all of which are collectively referred to as "State's Studies"). 5.4 Condition of Purchase. If Purchaser's Studies indicate the Properties are not reasonably suitable for the intended use by Purchaser or the Properties present an unreasonable risk to Purchaser of liability associated with hazardous substances, Purchaser may terminate this Agreement without further obligation, and Purchaser shall be refunded any deposit. Purchaser shall give State written notice of Purchaser's decision to terminate within thirty (30) days of the date of this Agreement. The termination notice shall specify the problems identified. In the event Purchaser fails to give State such written notice, this termination right shall expire. SECTION G DESTRUCTION OR CONDEMNATION State shall bear the risk of loss until Closing. If on or before the Closing Date either the Properties are materially damaged, or condemnation proceedings are commenced with respect to the Properties, Purchaser shall elect either to terminate this Agreement or to purchase the Properties. Purchaser must give written notice of such election to State within fifteen (15) days of Purchaser's knowledge of such damage or condemnation. Failure to give State notice of Purchaser's election to terminate shall be deemed an election to purchase. If Purchaser elects to 'A terminate this Agreement, any deposit shall be returned to Purchaser, and all rights and obligations of Purchaser and State shall terminate. If Purchaser elects to purchase the Properties, Purchaser shall be entitled to the insurance proceeds, if any, or to the condemnation award either of which shall be without adjustment to the Purchase Price. Damage shall be deemed "material" if it cannot be repaired or replaced within ninety (90) days or it represents more than ten percent (10%) of the Purchase Price. SECTION 7 CONDITION OF THE PROPERTY 7.1 As Is. The Properties are sold "ASS IS, WHERE IS." Purchaser is encouraged to examine the Properties to ascertain the condition of the Properties, including but not limited to the existence of encumbrances, encroachments, etc. State does not make and specifically disclaims any warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose about the Properties, including but not limited to any improvements located thereon. No employee or agent of State is authorized to make any warranty or representation to the contrary. The foregoing specifically disclaims warranties with respect to the existence or nonexistence of any pollutants, contaminants, or hazardous waste or claims based thereon arising out of the actual or threatened discharge, disposal, seepage, migration, or escape of such substances at, from, or into the Properties. 7.2 Release/Indemnity. Purchaser hereby fully releases State from any and all liability to Purchasers arising out of or related to the condition of the Properties prior to, at, or after Closing, including but not limited to the deposit or release of hazardous or toxic wastes or material, pollutants, and the following known or suspected defects: None. It is the intent of the parties that this constitutes a full and final release of any and all claims concerning any substance including, but not limited to, hazardous substances. This release extends to and includes any action for contribution for any environmental remedial action. Purchaser agrees to indemnify, defend with counsel acceptable to State, and release State with respect to, but not limited to any claims, damages, liabilities, penalties (civil or criminal), and any other costs, including attorneys' fees and costs imposed or related to any hazardous, toxic, dangerous, or harmful substances on the Properties deposited or released after Closing. SECTION 8 ASSESSMENTS Purchaser shall buy the Properties subject to any assessment remaining unpaid at Closing. SECTION 9 STATE CONTINGENCY State's obligations are contingent upon the following: (a) approval of the sale by the Board of Natural Resources which shall be made at their sole discretion; and 93 (b) performance prior to or at Closing of all other acts and payments required of Purchaser under this Agreement. SECTION 10 CLOSING AND CLOSING COSTS Prior to or at Closing the parties shall do the following: 10.1 State. (a) issue a duly executed quitclaim deeds conveying title to the Properties within a reasonable time after confirmation of receipt of Purchase Price by the State Treasury; (b) sign a Real Estate Excise Tax Affidavit; (c) provide any other documents necessary to consummate this agreement; and (d) pay prorations to the extent required and determinable. 10.2 Purchaser. (a) pay the Purchase Price into the State Treasury as set forth in Subsection 2.1; (b) sign a Real Estate Excise Tax Affidavit; (c) provide any other documents necessary to consummate this Agreement; (d) pay all sums and prorations.to the extent required under this Agreement and determinable; and (e) pay the cost of recording the deed and the county processing fee for filing the Real Estate Excise Tax Affidavit. 10.3 Prorations. All rents and other income, if any, and water, sewer, utility and maintenance charges and any other expenses (excluding local improvement assessment as provided under Section 8) with respect to the operation of the Properties levied against the Properties shall be prorated between Purchaser and State as of the Closing Date. To the extent information is then available, such proration shall be calculated and paid as of Closing. Such prorations shall be adjusted and completed after the Closing Date, if necessary, as and when complete information becomes available, and State and Purchaser agree to cooperate and use their best efforts to complete such prorations not later than sixty (60) days after the Closing Date. No insurance proration shall be made. SECTION 11 SURVIVAL The obligations not satisfied at Closing or intended to continue beyond Closing shall not be deemed to have merged in the deed. SECTION 12 REAL ESTATE COMMISSION Purchaser shall pay any real estate commission payable in connection with this transaction. Any real estate agent or broker acting in this transaction shall be deemed to be the sole agent of Purchaser. SECTION 13 NOTICES All notices required or permitted to be given hereunder shall be in writing and shall be deemed given upon personal service or deposit in the United States first class mail, postage prepaid, and addressed as follows: To Purchaser: Jim Perkins Real Estate Manager Whatcom County Public Works Department 322N Commercial, Suite-110 Bellingham, WA 98225-4042 To State: Debi VanBuren Department of Natural Resources Asset Management & Protection Division PO Box 47014 Olympia, WA 98504.7014 FACSIMILE: (360) 902-1789 The foregoing addresses may be changed by written notice. SECTION 14 MISCELLANEOUS 14.1 Entire Agreement. This Agreement constitutes the entire Agreement between the parties. No prior and contemporaneous negotiations, understandings and agreements, whether oral or written shall be deemed to exist or bind any of the parties hereto. 14.2 Binding Nature; Assignment of Rights. All rights and obligations arising out of this Agreement shall inure to the benefit of and be binding upon the respective assigns, if any, of the parties hereto. However, this Agreement shall not be assignable by Purchaser without the prior written consent and acceptance by State, which shall beat State's sole and absolute discretion. 95 14.3. Washington Law. This Agreement shall be construed., interpreted, and enforced pursuant to the laws of the state of Washington and venue shall be in Thurston County. The terms of this Agreement shall be given their ordinary meaning and shal l not be construed in favor of or against either party hereto. 14.4 Time of the Essence. Time is of the essence in this Agreement. No waiver or consent to any breach or other default in the performance of any of the terms of this Agreement shall be deemed to constitute a waiver of any subsequent breach of the same or any other term or condition hereof. In the event time for performance falls on a weekend or legal holiday designated by the United States or Washington State, performance shall be deemed to be timely rendered if so rendered on the next business day. 14.5 Captions, 'The captions and section headings hereof are inserted for convenience purposes only and shall not be deemed to limit or expand the meaning of any section. 14.6 invalidity. If any provisions of this Agreement shall be invalid, void or illegal, it shall in no way affect, impair or invalidate any of the other provisions hereof. 14.7 Counterparts. This Agreement may be signed in counterparts, any one of which shall be deemed an original. 14.8 Date of Agreement. The date of this Agreement shall be the date on which the last party executes this Agreement. Said date shall be inserted on the first page hereof when such date is detenmined.- 14.9 Good Faith. Both parties shall act reasonably and in good faith in order to consummate Us transaction. 14.10 Authorization. Purchaser and the person(s) executing this Agreement on behalf of Purchaser represent and warrant that they are authorized to do so and that this is a legal, valid, and binding obligation on behalf of Purchaser, and is enforceable against Purchaser in accordance with its terms. 14.11 Default. In the event of default, neither party shall be liable for consequential damages. 14.12 Attorneys' Fees and Costs. If either party brings suit or submits to an alternative dispute process to interpret or enforce any provision of the agreement, the prevailing party shall be entitled to reasonable attorney fees, paralegal fees, accountant and other expert witness fees and all other fees, costs and expenses actually incurred in connection therewith, including those incurred on appeal, in addition to all other amounts provided by law, regardless of whether the matterproceeds to judgment or is resolved by the defaulting party curing the default. a 14.13 Submission. This Agreement must be executed by Purchaser, and an original delivered to State, at the address set forth in this Agreement, on or before 4:00 p.m. on November 30, 2007, to be considered by State. This Agreement shall not be binding upon State until signed by an authorized representative of the State_ IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. Dated: PURCHASER: By: Title: STATE: STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated: By: Doug Sutherland' Commissioner of Public Lands Affix the Seal of the Commissioner of Public Lands Standard Purchase and Sale Agreement APPROVED AS TO FORM IN DECEMBER 2002 by James Schwartz Assistant Attorney General State of Washington 97 PUBLIC AGENCY ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss COUNTY OF } On this day of , 2007, personally appeared before me. to me known to be the of the public agency that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed- of said corporation, for the uses and purposes therein mentioned, and on oath stated that authorized to execute- said instrument for said corporation and that the seal affixed is the corporate seal of the said corporation. IN WITNESS. WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public in and for the State of Washington, residing at My appointment expires STATE ACKNOWLEDGMENT STATE OF WASSHINGTON ) ) ss COUNTY OF THURSTON ) On this day of , 2007, personally appeared before me DOUG SUTHERLAND, to me known to be the Commissioner of Public Lands, and administrator of the Department of Natural Resources of the State of Washington, that he executed the within and foregoing instrument on behalf of the State of Washington, and acknowledged said instrument to be the free and voluntary act and deed of the State of Washington for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument and that the seal affixed is the official seal of the Commissioner of Public Lands for the State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public in and for the State of Washington, residing at My appointment expires KQ EXHIBTr A DEMING TRANSFER Portion of Section 36, T39N, R4E, W.M. Whatcom County, Washington Government Lots 3, 5, and 7 of Section 36, Township 39 North, Range 4 East, Willamette Meridian, Whatcom County, Washington. RIVER ROAD TRANSFER Portion of Section 36, T40N, R2E, W.M. Whatcom County, Washington Government Lot 6 of Section 36, Township 40 North, Range 2 East, Willamette Meridian, Whatcom County, Washington. Dennis J. Gelvin, PLS 21674 Land Description & R/W Specialist State Land Survey Unit Engineering Division PO Box 47060 Olympia, WA 98504-7060 Dated EXHIBIT B DEMING TRANSFER AFTER RECORDING RETURN TO. Department of Natural Resources Asset Management & Protection Division PO Box 47014 Olympia, WA 98504-7014 QUITCLAIM DEED Whatcom County Grantor: State of Washington, acting by and through the Department of Natural Resources Grantee: Whatcom County Abbreviated Legal Desc: Portion 36-39N-4E Tax Parcel #: 3904362002350000, 390436495109000 THE GRANTOR, STATE OF WASHINGTON, acting by and through the Department of Natural Resources, for and in consideration of the sum of ONE HUNDRED NINETY THOUSAND Dollars ($190,OOU), hereby conveys and quitclaims to WHATCOM COUNTY, GRANTEE, all interest in the real property situated in Whatcom County, Washington, and described in Exhibit A, attached hereto, which by this reference is made a part hereof. The above -described lands are subject to that certain statutory reserved right as set forth in RCW 79.36,370 and to the following reservation: 100 The Grantor hereby expressly saves, excepts, and reserves out of the grant hereby made, unto itself and its successors and assigns forever, all oils, gases, coal, ores, minerals, and fossils of every name, kind, or description, and which may be in or upon said lands above described, or any part thereof, and the right to explore the same for such oils, gases, coal, ores, minerals, and fossils; and it also hereby expressly saves and reserves out of the grant hereby made, unto itself and its successors and assigns forever, the right to enter by itself or its agents, attorneys, and servants upon said lands, or any part or parts thereof, at any and all times, for the purpose of opening, developing, and working mines thereon, and taking out and removing therefrom all such oils, gases, coal, ores, minerals, and fossils, and to that end it further expressly reserves out of the grant hereby made, unto itself, its successors and assigns, forever, the right by its or their agents, servants, and attorneys at any and all times to erect, construct, maintain, and use all such buildings, machinery, roads, and railroads, sink such shafts, remove such soil, and to remain on said lands or any part thereof for the business of mining and to occupy as much of said lands as may be necessary or convenient for the successful prosecution of such mining business, hereby expressly reserving to itself and its successors and assigns, as aforesaid, generally, all rights and powers in, to, and over said land, whether herein expressed or not, reasonably necessary or convenient to render beneficial and efficient the complete enjoyment of the property and the rights hereby expressly reserved. No rights shall be exercised under the foregoing reservation, by the state or its successors or assigns, until provision has been made by the state or its successors or assigns, to pay to the owner of the land upon which the rights reserved herein to the state or its successors or assigns, are sought to be exercised, full payment for all damages sustained by said owner, by reason of entering upon said land: PROVIDED, That if said owner from any cause whatever refuses or neglects to settle said damages, then the state or its successors or assigns, or any applicant for a lease or contract from the state for the purpose of prospecting for or mining valuable minerals, or option contract, or lease, for mining coal, or lease for extracting petroleum or natural gas, shall have the right to institute such legal proceedings in 101 the superior court of the county wherein the land is situate, as may be necessary to determine the damages which said owner of said land may suffer. This Deed is executed and delivered pursuant to RCW 79.02.270 at the request of the Commissioner of Public Lands with the approval of the Board of Natural Resources, State of Washington. WITNESS the Seal of the State of Washington, affixed this day of .2007. GOVERNOR ATTEST: SECRETARY OF STATE Approved as to form this day of , 2007. Assistant Attorney General State Deed No. (#) State Record of Deeds, Volume (#), Page (#). Transaction File No. 02-081251 102 EXHIBIT A TO QUITCLAIM DEED Legal Descriptions of Deming Property The following describes the State land to be transferred to Whatcom County: Portion of Section 36, T39N, R4E, W.M. Whatcom County, Washington Government Lots 3, 5, and 7 of Section 36, Township 39 North, Range 4 East, Willamette Meridian, Whatcom County, Washington. Dennis J. Gelvin, PLS 21674 Land Description & R/W Specialist State Land Survey Unit Engineering Division PO Box 47060 Olympia, WA 98504-7060 Dated 103 EXHIBIT B RIVER ROAD TRANSFER AFTER RECORDING RETURN TO. - Department of Natural Resources Asset Management & Protection Division PO Box 47014 Olympia, WA 98504-7014 QUITCLAIM DEED Whatcom County Grantor: State of Washington, acting by and through the Department of Natural Resources. Grantee: Whatcom County Abbreviated Legal Desc: Portion 36-40N-2E Tax Parcel #: 4002361903610000 THE GRANTOR, STATE OF WASHINGTON, acting by and through the Department of Natural Resources, for and in consideration of the sum of ONE HUNDRED TWENTY FIVE THOUSAND Dollars ($125,000), hereby conveys and quitclaims to WHATCOM COUNTY, GRANTEE, all interest in the real property situated in Whatcom County, Washington, and described in Exhibit A, attached hereto, which by this reference is made a part hereof. The above -described lands are subject to that certain statutory reserved right as set forth in RCW 79.36.370 and to the following reservation: 104 The Grantor hereby expressly saves, excepts, and reserves out of the grant hereby made, unto itself and its successors and assigns forever, all oils, gases, coal, ores, minerals, and fossils of every name, kind, or description, and which may be in or upon said lands above described, or any part thereof, and the right to explore the same for such oils, gases, coal, ores, minerals, and .fossils; and it also hereby expressly saves and reserves out of the grant hereby made, unto itself and its successors and assigns forever, the right to enter by itself or its agents, attorneys, and servants upon said lands, or any part or parts thereof, at any and all times, for the purpose of opening, developing, and working mines thereon, and taking out. and removing therefrom all such oils, gases, coal, ores, minerals, and fossils; and to that end it further expressly reserves out of the grant hereby made, unto itself, its successors and assigns, forever, the right by its or their agents, servants, and attorneys at any and all times to erect, construct, maintain, and use all such buildings, machinery, roads, and railroads, sink such shafts, remove such soil, and to remain on said lands or any part thereof for the business of mining and to occupy as much of said lands as may be necessary or convenient for the successful prosecution of such mining business, hereby expressly reserving to itself and its successors and assigns, as aforesaid, generally, all rights and powers in, to, and over said land, whether herein expressed or not, reasonably necessary or convenient to render beneficial and efficient the complete enjoyment of the property and the rights hereby expressly reserved. No rights shall be exercised under the foregoing reservation, by the state or its successors or assigns, until provision has been made by the state or its successors or assigns, to pay to the owner of the land upon which the rights reserved herein to the state or its successors or assigns, are sought to be exercised, full payment for all damages sustained by said owner, by reason of entering upon said land: PROVIDED, That if said owner from any cause whatever refuses or neglects to settle said damages, then the state or its successors or assigns, or any applicant for a lease or contract from the state for the purpose of prospecting for or mining valuable minerals, or option contract, or lease, for raining coal, or lease for extracting petroleum or natural gas, shall have the right to institute such legal proceedings in 105 the superior court of the county wherein the land is situate, as may be necessary to determine the damages which said owner of said land may suffer. This Deed is executed and delivered pursuant to RCW 79,02.270 at the request of the Commissioner of Public Lands with the approval of the Board of Natural Resources, State of Washington. WITNESS the Seal of the State of Washington, affixed this day of .2007. GOVERNOR ATTEST: SECRETARY OF STATE Approved as to form this day of , 2007. Assistant Attorney General State Deed No. (#) State Record of Deeds, Volume (#), Page {#). Transaction File No. 02-081273 106 EXHIBIT A TO QUITCLAIM DEED Legal Descriptions of River Road Property The following describes the State land to be transferred to Whatcom County: Portion of Section 36, T40N, R2E, W.M. Whatcom County, Washington Government Lot 6 of Section 36, Township 40 North, Range 2 East, Willamette Meridian; Whatcom County, Washington. Dennis J. Gelvin, PLS 21674 Land Description &t R/W Specialist State Land Survey Unit Engineering Division PO Box 47060 Olympia, WA 98504-7060 Dated 107 7 h— -,4 w A 41� 7, to 7Y , U *A, q AR. . . . . . . . ... :Ir 'JI W -N Ya Xv V��v 7- �-7 fu� t:ti , T I, Zi 47 Al T" X41. lk rr .. IYA Rz, ;.p Lc *lax 500 250 0 500 PARCEL#: Feet F I RMP#: De '.1, 1, fu 1, f 1 WhatC0121 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-417A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 10126107 11/07/07 Finance/Council Cathy Craver �fln Division Head.• II Linda J Peterson 0 C, T 3 0 20,07 Dept. Head: . Zb• 07 J. E. "Sam" Ran 6Uil � p L }� y i Y- C�+1. M C IUN-1"Y Prosecutor: C 0 U �'L C i L Royce X Buckingham Purchasing/ Budget: Executive: Pete Kremi �( TITLE OF DOCUMENT: An interlocal agreement between Whatcom County and the City of Bellingham for the purpose of annexation and development within the City of Bellingham UGA for approximately 635 acres in the vicinity of East Bakerview Road and James Street. ATTACHMENTS. (1) Whatcom County Contract Information Sheet (2) Proposed Interlocal Agreement Amendment # 10 between the City of Bellingham and Whatcom County SEPA review required? { ) Yes ( X' ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear iu explaining the intent of tine action.) Interlocal Agreement between the City of Bellingham and Whatcom County for annexation of approximately 635 acres (known as the East Bakerview/James Street annexation) generally located north of the city limits starting at E. McCleod Road to the northern UGA boundary up to King Mountain, and from the city limits east to west from the Mount Baker Neighborhood to the Meridian Neighborhood of the designated UGA. The subject site is within sections 7, 8, 17, and 18, Township 38 North, Range 3 East, W.M. The request is to authorize the County Executive to sign an amendment to the City of Bellingham Interlocal Agreement. 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 lire County's website at:wwtiv.co.wlnatcom.wa.us/cou►ncil. WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. Originating Department: Planning and Development Services Contact Person: Cathy Craver Contractor's Name: City of Bellin ham Interlocal Agreement 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): _9712012 #10 Is this a renewal? Yes _ No Contract Amount: (sum of original contract If a Professional Services Agreement is more than S 15, 000 or a Bid is amount and any prior amendments) more than $35,000, please submit an Agenda Bill for Council approval $ No Dollars and a supporting memo. Any amendment that provides either a 10% This Amendment Amount: increase in amount or more than S10,000, whichever is greater, must also $ go to Council and will need an agenda bill and supporting memo. If less Total Amended Amount: than these thresholds, just submit to Executive with supporting memo for $ approval. Scope of Services This amendment #10 to the Interlocal Agreement made between the City of Bellingham and Whatcom County is for the purpose of annexation of approximately 635 acres in the vicinity of E. Bakerview Road and James Street. Nature of Contract Amt: (Check one) Fixed Amount Not to Exceed Open Ended X Term of Contract: Ex iration Dated Renewal Option Yes No X Last Renewal Expires: Special Dates or clauses that require calendaring. Contract Routinz Steps & Sienoff [si-en or initial7 (indicate date transmitted 1. Prepared by: Date f a - Z (o. 01 [electronic] T 2. Attorney reviewed: Date [electronic] 3. Corrections made: Date electronic] hard copy printed 4. Attorney signoff: ,� - Date 0 z G 5. Contractor signed: Date 6. Submitted to Exec Office ,/ Date 10 ::QG-o7 [summary via electronic; hardcopies] 7. Reviewed by DCA Date 8. Council approved (if necessary) Date 9. Executive signed.• Date 10. Contractor Original Returned to dept; Date IL County Original to Council Date 111 WFIATCOM COUNTY iT AMENDMENT#in TO �7 raO�1� INTERLOCAL AGREEMENT BETWEEN ---�— --- THE CITY OF BELLINGHAM AND WHATCOM COUNTY CONCERNING ANNEXATION This amendment is made by and between the City of Bellingham (hereinafter referred to as the City) and Whatcom County (hereinafter referred to as the County), political subdivisions of the State of Washington, pursuant to the Interlocal Cooperation Act, RCW 39.34. WHEREAS, the City and County have entered into an Interlocal Agreement executed December 19, 1997 concerning annexation and development within the City of Bellingham's Urban Growth Area (UGA); and WHEREAS, the City and County have agreed to an additional annexation of property initiated by property owners, and known as the East Bakerview 1 James Street Annexation; and WHEREAS, Section 1 of the Interlocal Agreement states that for each annexation the Interlocai Agreement "shall be amended to include a description of the annexation area and other amendments related to the annexation area." NOW, THEREFORE, IT IS HEREBY AGREED: 1. The following information is pertinent to the newly annexed area and shall be included as an amendment of the Interlocal Agreement: Annexation Name and Acreage: Boundary Review Board no. Map: Legal Description: Annexation Method: Lake Whatcom Watershed Analysis: Roads serving the area: East Baker►►iew 1 James Street Annexation; 635 acres BRB 2007 — 05 Attached as Amendment #10, Exhibit A Attached as Amendment #10, Exhibit B 75% petition Not in Watershed East Baker►►iew Road, James Street, Kellogg Road, Telegraph Road, Irongate and other residential streets Interfocal Agreement —Amendment #10 City of Bellingham & Whatcom County 1 112 Compensation for Capital Facilities: Attached as Amendment #10, Exhibit C Existing & Intended Services: Attached as Amendment #10 Exhibit D This amendment is contingent upon and shall not bind the parties hereto until such time as the City Council of the City of Bellingham enacts an ordinance annexing the property referenced above. IN WITNESS WHEREOF, the parties have signed this amendment effective on the date indicated below. CITY OF BELLINGHAM WHATCOM COUNTY By Mayor Date Attest Finance Director Date Approved as to form: Office of the City Attorney By County Executive Date Approved a for Whatc Co secutor Interlocal Agreement —Amendment #10 City of Bellingham & Whatcom County 2 113 - � FIR MAN �■p ��_� r��Em LL rr d �� .; EXHIBIT B TO AMENDMENT #10 City of Bellingham — East Bakerview/James Street Annexation LEGAL DESCRIPTION Those portions of Sections 7, 8, 17, and 18, all in Township 38 North, Range 3 East of W.M., Whatcorn County, WA., described as follows: Beginning at the Southwest corner of the Northeast Quarter of said Section 18; thence Northerly along the current North City Limits of Bellingham 2640 feet, more or less, to the Northwest corner of said Northeast Quarter; thence Northerly along said City Limits on the west line of the East Half of said Section 7 a distance 30 feet, more or less, to the North line of E. Bakerview Road; thence Westerly along said City Limits on said North line a distance of 300 feet, more or less, to the East line of Landon Street as shown on "D. KELLOGG'S ADDITON TO WHATCOM", (Vol.1, Page 30); thence Northerly along said City Limits on the East line of said Landon Street a distance of 1260 feet, more or less, to the South line of Division Street as shown on said Plat; thence Easterly along said City Limits on said South line a distance of 300 feet, more or less, to the East line of East Street as shown on said Plat; thence Northerly along said City Limits on said East line and the East line of said East Street as shown on D. KELLOGG'S 2ND ADDITION TO WHATCOM (Vol. 1, Page 53) a distance of 1350 feet, more or less, to the Southeast corner of the South Half of the Southeast Quarter of the Northwest Quarter of said Section 7; thence Northerly along said City Limits a distance of 660 feet, more or less, to the Northeast comer of said South Half, thence departing from said City Limits Easterly a distance of 1320 feet, more or less, to the Northeast corner of the South Half of the Southwest Quarter of the Northeast Quarter of said Section 7; thence Southerly a distance of 660 feet, more or less, to the Southeast corner of said South Half; thence Easterly on the North line of the Northeast Quarter of the Southeast Quarter of said Section 7 a distance of 1290 feet, more or less to the West line of James Street Road as shown on the Plat of 1ST ADDITION TO KING MOUNTAIN TERRACE, (Vol. 8, Page 47); thence Northerly on said West line a distance of 104 feet more or less; thence Northeasterly on the Northwest line of Gooding Avenue, as shown on said plat, a distance of 51 feet, more or less, to the West line of the Southwest Quarter of the Northwest Quarter of said Section 8; thence Northerly on said West line a distance of 1169 feet, more or less, to the Northwest comer of said Southwest Quarter of the Northwest Quarter; thence approximately North 8° East 298 feet to the Southwest corner of that tract of land described under Parcel A of Auditor's File No. 2060200205; thence approximately North 23° East 120 feet to the Northwest corner of said tract; thence approximately North 73' West 40 feet to the Southwest comer of that tract of land described under Parcel C of A.F. No. 1507052; thence approximately North 23' East 140 feet to the Northwest comer of the most Northwest tract of land described under A.F. No. 2010400523; thence approximately South 73' East-571 feet to the intersection of the Southerly projection of the West line of that tract of land described under A.F. No. 1151053 with the North line of Parcel A of that tract of land described under A.F. No. 1507052, thence approximately North 01° East 239 feet on said West line and projection thereof to the Northwest corner Interlocal Agreement —Amendment #10 4 115 City of Bellingham & Whatcom County of said tract described under A.F. No. 1151053; thence approximately South 73' East 210 feet to the Northeast corner of said tract; thence approximately South 01° West 35 feet to the Northwest corner of that tract of land described under Whatcom County Superior Court Cause 38026; thence approximately South 890 East 80 feet to the Northeast corner of said tract; thence approximately South 01 ° West 120 feet to the Southeast corner of said tract; thence approximately North 890 West 32 feet to the East line of that 15-foot access road easement described in said Court Cause; thence approximately South 01' West 98 feet to the intersection of said access road easement with the North line of Parcel A of said tract per A.F. No. 1507052; thence approximately South 73' East 20 feet to the Northeast corner of said tract; thence approximately South 240 West 11 feet to the intersection of the East line of said tract with the North line of that tract of land described under A.F. No. 1991001462; thence approximately South 66' East 60 feet to the Northeast corner of said tract; thence approximately South 24° West 361 feet to the intersection of the East line of said tract with the North line of the now vacated 40-foot wide portion of Gooding Avenue as shown on said plat of 1ST ADDITION TO KING MOUNTAIN TERRACE; thence approximately South 70' East 230 feet to the Northeast corner thereof; thence approximately South 20" West 40 feet to the Southeast corner thereof; thence approximately South 620 East 53 feet to the most East corner of that 1.78 acre tract shown on said plat; thence approximately South 36' West 148 feet to the Northwest corner of Lot 23, Blk. 2 of said plat; thence approximately South 89° East 95 feet to an angle point in the North line of said Blk. 2; thence approximately South 62' East 260 feet to the Northeast corner of Lot 5, Blk 1 of said plat; thence approximately South 0° West 378 feet to the intersection of the East line of said plat with the Southeast line of King Mountain Road; thence approximately South 27' West 197 feet to the intersection of said Southeast line with the Westerly projection of the North line of the South Half of the South Half of the Southeast Quarter of the Northwest Quarter of said Section 8; thence Easterly 92 feet, more or less, to the intersection of said projection with the East line of the Southwest Quarter of said Northwest Quarter; thence Southerly 330 feet, more or less, to the Northwest corner of the Northeast Quarter of the Southwest Quarter of said Section 8; thence Easterly 1320 feet, more or less, to the East line of said Southwest Quarter; thence Southerly along said East line 1290 feet, more or less, to said current North City Limits of Bellingham; thence Southerly along said East line of said North City Limits 1320 feet, more or less, to the North line of E. Bakerview Road; thence Westerly along said City Limits on said North line 990 feet, more or less, to the Northerly projection of the West line of the East Half of the Northwest Quarter of the Northeast Quarter of the Northwest Quarter of said Section 17; thence Southerly on said City Limits 690 feet, more or less, to the Southwest corner of said East Half; thence Westerly on said City Limits to the Northwest corner of Parcel P-50, IRONGATE PARK S.B.S.P. No. 9 (A.F. No. 2000800191) (formerly Parcel P-24, IRONGATE PARK S.B.S.P. No. 3, A.F. No. 900427071); thence Southerly on said City Limits 1980 feet, more or less, to the Southwest corner of Parcel P-39, IRONGATE PARK S.B.S.P. No. 5 (A.F. No. 930323111); thence Westerly on said City Limits 1320 feet, more or less, to the Southwest corner of the Northwest Quarter of said Section 17; thence Westerly on said City Limits 2640 feet, more or Less, to the POINT OF BEGINNING. Interlocal Agreement —Amendment #10 5 116 City of Bellingham & Whatcom County EXHIBIT C TO AMENDMENT #10 WHATCOM COUNTY ROAD PROJECTS REQUIRING POTENTIAL REIMBURSEMENT Project Cost within Urban Growth Boundaries Project Name and Location Year Complete Cost Total State/Fed Match Local Share' West Bakerview (Mitchell to W. Maplewood) 1997 50,210 50,210 0 50,210 Austin Street Cable to Lake Louise 1998 809,090 809,090 109,720 699,370 Terrace Avenue Rock Wall 1998 23,340 23,340 0 23,340 Northwest Drive (Bellingham CIL to Axton) 1999 1,008,730 498,200 0 498,200 Van Wyck Road (SR 539 - 1,200 feet east 1999 215,940 107,970 0 107,970 Slater Road 1-5 to Northwest Drive 2000 227,100 227,100 0 227,100 James/E. Bakerview Si nalization 2000 697,380 697,380 430,220 267,160 Yew Street Road (Spring Valley to San Juan 2001 3,548,680 3,548,680 2,043,960 1,504,720 James/Telegraph Intersection Improvements 2001 461,750 461,750 0 461,750 Alderwood/AirporUBakerview Marine to 1-5 2001 1,500,000 1,500,000 998,540 501,460 Total 1 1 4,341,280 NOTES: I. Only Whatcom County "Road Funds" are eligible for re-imbursement. Updated February 15, 2007 Interlocal Agreement - Amendment #10 6 117 City of Bellingham & Whatcom County EXHIBIT D —TO AMENDMENT #10 Existing and Intended Service Providers Service Existing Provider Intended Provider Government: Whatcom County City of Bellingham Water: Limited service from City City of Bellingham Private well systems Sewer: Limited Service from City City of Bellingham Private septic system Law Enforcement: Whatcom County Sheriff City of Bellingham Fire Protection: Fire District #4 City of Bellingham Library: Whatcom County Library District City of Bellingham Road Maintenance: Whatcom County City of Bellingham Public School: Bellingham School District #501 Bellingham School District #501 Interlocal Agreement — Amendment #10 7 118 City of Bellingham & Whatcom County WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 — 385 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: Originator- 10/30/2007 1 U712007 Division Head. - Dept. Head: Prosecutor.' Purchasin /Bud er: Executive: TITLE OF DOCUMENT. Interlocal Agreement between COB & Whatcom County regarding UGA ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes { ) NO Should Clerk schedule a !tearing ? { ) 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.) Interlocal agreement between the City of Bellingham and Whatcom County concerning annexation and development within the City of Bellingham Urban Growth Area 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: rvww. co. whatcotn. wa. us/council. 119 AMENDMENT #11 TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND WHATCOM COUNTY CONCERNING ANNEXATION AND DEVELOPMENT WITHIN THE CITY OF BELLINGHAM URBAN GROWTH AREA [This agreement is made by and between the City of Bellingham (hereinafter referred to as the City) and Whatcom County (hereinafter referred to as the County), political subdivisions of the State of Washington, pursuant to the Interlocal Cooperation Act, RCW 39.34] WHEREAS, the City and County have entered into an interlocal agreement (identified as Whatcom County Contract number 9712012 and Bellingham Interlocal Agreement number 1997-0454) concerning annexation and development within the City of Bellingham urban growth area; and WHEREAS, the City and County have agreed to an amendment to extend the duration of that agreement. NOW THEREFORE IT IS HEREBY AGREED: Section 16 of the agreement is amended to read: This agreement shall be effective five (5) days after passage by the Whatcom County Council and the City Council of the City of Bellingham and shall remain in effect until July 15, 2008 unless terminated sooner by both the County and City. Any amendments and termination shall be in writing and executed in the same manner as provided by law for the execution of this agreement. 2. All other provisions of the agreement remain the same. IN WITNESS WHEREOF, the parties have signed this agreement, effective on the date indicated below. CITY OF BELLINGHAM By: Bellingham Mayor Date Approved as to form: Office of the City Attorney Attest: Finance Director WHATCOM COUNTY By: County Executive Date Approved as to form: Whatcom County Prosecutor 120 State of Washington )ss County of Whatcom County ) On this day of , 2007, before me personally appeared , to me known to be the Mayor of the City of Bellingham, 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: State of Washington )ss County of Whatcom County ) On this day of . 2007, before me personally appeared Pete Kremen, to me known to be the Whatcom County Executive, 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: 2 121 WHATCOM COUNTY COUNCIL AGENDA BILL No, 2007--416 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator 10/12/07 r<;; C E u V E DE, C t", IT 1 6 2007 WHATCOM COUNTY 10/23/07 Finance/Coup Division Head. 11/07/07 Finance/Count Dept. Head. Prosecutor. Purchasin get: 10/12/07 C0UN1rVIL Executive: /0- -Q TITLE O DO JMItNT. Approval fo Award Bid 07-94, Articulated Motor Grader 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 is requesting approval to award Bid 07-94 for an articulated motor grader that will replace a unit that is due to be retired. One responsive bid was received on September 24 from Clyde West, Inc. for a total cost of $249,406.05. Public Works would like to award to the sole responsive bidder. This is a planned purchase and the funds are in the current Equipment Services budget. COMMITTEE ACTION: COUNCIL ACTION: 10/23/2007: Forwarded to Council for approval 10/23/2007: Council held in Committee 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. Ll Ll 122 WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 DDesler@co.whatcom.wa.us DEWEY G. DESEER Director DATE: 12 October 2007 4 M cOG S�y+P A ty 0 QSHI N Gt TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Award of Bid 07-94 Articulated Motor Grader FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@ co.whatcom.wa. us BRAD BENNETT Manager ■ Background & Purpose Bids were duly advertised for the supply of an articulated motor grader that will replace a unit that is due to be retired. Of the five bids received on received on Tuesday September 24, only one bid met all the specifications and is noted below. rni Clyde West• • '�1 • it W-WINTMI $249,406.05 Public Works ER&R is requesting approval to purchase the unit from the only responsive bidder, Clyde West for a total of $249,406.05 including options. ■ Funding This is a planned expenditure and funds for this purchase were approved in the Equipment Rental budget. I concur with this request. Admin. Services Finance Manager Approved as recommended: County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources Information Technology County Residents (360) 676-6717 (360) 676-6746 (360) 676.6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 123 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (360) 738-4555 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM 901 W. Smith Road Betlingham, WA 98226 Phone # (360) 676-6759 Fax # (360) 380.8115 Eric L. Sch[ehuber, Division Manager TO: Brad Bennett, AS Finance Manager THROUGH: Frank M. Abart, PW Director 1/,9/0/17 FROM: Eric L. Schlehuber, PW Equipment Services Manager` Ma A. Green, PW Maintenance & Operations Superintendent Mary P p RE: Bid #07-94, Articulated Motor Grader DATE: October 8, 2007 ■ Requested Action After researching the costs for a articulated motor grader, I am requesting Executive and Council approval to purchase one 2008 Volvo G940 motor grader from the lowest responsive bidder, Clyde West, Inc., in the amount of $249,406.05 to replace the following: DEPT REPLACE UNIT # MAKE/MODEL EST. HOURS PW / M&O 308 1987 John Deere Grader 770B 7,362.0 n Background and Purpose This unit was approved as a replacement in the 2007-2008 Equipment Rental and Revolving Capital Equipment Budget. The above listed department will use this unit in the performance of county business. Bids were duly advertised for this articulated motor grader. Five bids were received Tuesday, September 24, 2007. Below is the detailed bid tabulation for the lowest responsive bid that meets minimum specifications. D 0 � k+ !�j��ir7•��^ ` 0 D '{'�"ia1t� I �.��;�� 1� 0 � � �r�� 1L111Cn��•s ti il: i qy.� 5�,�, �..��r�'.4° `� kt �r� � � t � 0 .• r4 i�. �1� •,53` , IJ' ;Y*1 .`7.i�Lif�� 5�(n iN.i:�IA,yT�y,1�_1hh•�'�i' Clyde West, Inc. 2008 Volvo GW Motor Grader 'Options include the following: Option A (Ripper Assembly Rear-Mounted).....................................................................................................................$ 10,177.00 Option C (All Wheel Drive —6-Wheeq.............................................................................................................................$ 21,591.00 Option D (Caterpillar Graderbit System or equivalent —Volvo System)..........................................................................$ 5,800.00 OptionF (Front V-Plow Mount)..........................................................................................................................................$ 4,980.00 Option I (Hydraulic Shoe on Right Side of Blade).............................................................................................................$ 9,9W.00 ■ Funding Amount and Source This amount was budgeted during the 2007-2008 Budget process. I am requesting Executive and Council approval to purchase this unit from Clyde West, Inc. in Kent, Washington for the base price of $176,575.00 per unit, including total options price of $52,448 plus sales tax of $20,383.05, for a total of $249,406.05. Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the October 23, 2007 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 124 WHATCOM COUNTY COUNCIL AGENDA BILL No_ zoo 7-o i 7 CLEARANCES Initial Date Date Received in Council Office Agenda Assigned to: Date PK 10130107 11/07/07 Council Originator: � n% Division Head: - r ! 3 b u Dept. Head: Prosecutor: 11d pF�p iojf +C y^Q� gE�VHATG0Adj C�.,1'R�N Purchasin /Budget: C U N C I 8 L Executive: 6V �' �� TITLE OF DO CrUMENT. Presentation from the Technology Group for Northwest Washington ATTACHMENTS: - PowerPoint presentation - Recent article on TAG 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.) An update from the Technology Alliance Group for Northwest Washington, Anna Ehnmark, Executive Director and Robin Halliday, President of Technology Alliance Group for Northwest Washington (TAG) presenting. 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. 125 le Bellingham Business Journal http://www.thebellinghambusinessjournal.com/october2007/tag.php The Eld"gham Business Journal Site index I Contact Us I FAQ I Current Issue I Members Sign In Current Issue Archive Book of Lists Member Forum About Us Advertising Subscriptions Business Links October 2007 Stories Technology Section Vista TAG Web site optimization Book of Lists The Buzz BBJ Bio: Shultzie Fay Tips and Leads Business Births Keeping Up with People Columns Three Questions The Follow-up File Looking Back: The Hamilton Building The Editorial Page Letters to the Editor TAG gives IT companies room to play Technology Alliance Group provides support, networking for tech companies the technology group develop into an influential voice for Whatcom County's technology sector. Matt Gagne In Whatcom County, the game of tag has gone beyond the playground and into the adult world of business centered on technology. The Technology Alliance Group, or TAG, has played an enormous role in the technology sector of Whatcom County since its inception eight years ago. While its acronym shares the same moniker as the childhood game, its rules are somewhat reversed. No one person is "it," and in fact, many members of TAG are IT (information technology) professionals, and other members are certainly not dodging them — the group's primary purpose is to create a network to support the technology industry. 1 of 5 10/17/2007 12:34 P�f26 'he Bellingham Business Journal http://www.thebellinghambusinessjournal.com/october2007/tag.php The group began when the technology industry recognized no such network existed but one was sorely needed. In 1999, the Bellingham Whatcom Economic Development Council hosted Tele-Tech 2000, a meeting of technology -based companies in the area. TAG President Robin Halliday, who at the time was CEO of the Bellingham -based software company Rivetek, said most of the 22 attendees were surprised to find the amount of technology -based businesses in the area. The revelation led to the recognition of the need for a formal network between them. "Lots of people have heard of the BIA or other associations and groups of individuals that have things in common," said Curtis Dye, president and owner of Interconnect Systems and a founding member of TAG. "There wasn't anything even remotely related that had to do with technology." And so TAG was born — a membership group with monthly meetings and other events to connect, advocate for and support the technology industry. TAG meetings became the recess in which technology businesses would play together. "In the beginning it was almost a quasi -governmental agency," Dye said. "There weren't tools or processes for a group of businesses to give feedback to each other." That purpose still remains, and the network grows stronger as the organization matures. Part of that maturation has been in the addition of a full-time executive director, Anna Ehnmark, in January of this year. If anybody is "it" in TAG, it's Ehnmark. Previously, TAG's leadership was entirely volunteer and was performed in addition to the responsibilities of members' own companies. Now Ehnmark provides those same volunteers with an additional level of support. From recess to the classroom Part of TAG's mission is to help support technology businesses so they can become successful. That means making sure the educational system is teaching the necessary skills to potential future employees. "If you're in the technology business, your future depends on making certain you have access to talented and competent technology individuals," said Tom Lenderman, IT director for the accounting firm Larson Gross and a TAG member. TAG has made efforts to integrate the educational system into its organization. The group asked Dean of the College of Sciences and Technology at Western Washington University Arlan Norman to join the group's board last year. "There's quite a lot of overlap in our interests," said Norman, who, along with Halliday, also serves on the Washington Technology Center board. Norman and TAG are working together on the idea of a Northwest Consortium for Technological Innovation and Development, which figures into the university's plans for Bellingham's waterfront redevelopment. TAG also awards five scholarships each year to students going into technology degrees at Western, Whatcom Community College, Bellingham Technical College of 5 10/17/2007 12:34 427 'he Bellingham Business Journal http://www.thebellinghambusinessjournal.com/october2007/tag.php and Northwest Indian College. At Bellingham Technical College, TAG helped develop a technolo gy sales class; a j course that Dye said is one of only a few of its kind available in the United States. TAG's educational efforts start before secondary education. The group has pioneered a pilot program at Whatcom Middle School called Math Masters, which takes 75 students who failed the math portion of the WASL and has them work with business leaders and computer software to improve their math skills. The technology playground While TAG members specialize in technology, nearly every business in town plays on the technology playground. Computers and electronics permeate nearly every aspect of most businesses, but that doesn't mean all businesses are technology -based. Norman said one of TAG's tasks has been to define what "technology" means. "A lot of people tend to think technology is computers," he said. "Well, that's one thing." The technology playground goes beyond the obvious mouse and motherboard. At Western, the College of Technology and Science encompasses a wide array of disciplines from biochemistry to computer science. But other colleges at the university are starting to develop curriculums around technology, Norman said. "Really, every department could be involved," Norman said. For example, Western's Geography Department is redefining its curriculum around emerging Geographic Information Systems technology — nearly every graduate of the program will have a technological foundation. The same holds true outside the academic realm. TAG membership is currently at 36 companies and 25 individuals. But like many non -technology -based industries that rely on technology to be successful, technology -based companies have non -technological needs. Thus, TAG has a slew of associate members that include lawyers, bankers and other professionals that offer services to the technology industry. TAG also recently added a membership category specifically for IT professionals working in businesses that are not technology based. Law and accounting firms, grocery stores and other non -technology -based businesses usually have that one guy or gal whose responsibility it is to keep networks, computers, phones and other systems up to par and working. Part of TAG's recent mission has been to catalog the technology industry in Whatcom County. The group has conducted a roll call to try to find all the area technology -based businesses. Ehnmark said TAG defined those businesses through the North American Industry Classification System (NAICS) coding system from the U.S. Department of Labor. If a business had at least 7 percent of its workforce working in the technology field according to NAICS classification, then it is, pardon the expression, "tagged" as a technology -based business, as I of 5 10/17/2007 12:34 Ply 28 ie Bellingham Business Journal http://www.thebellinghambusinessjournal.com/october2007/tag.php well as a potential member of TAG. Although TAG has not officially released the results of the survey — which will come in the form of a database members will have access to — Ehnmark said it discovered 574 businesses in the area that fit into the technology category. The survey did more than name those businesses. Ehnmark said it also categorized those businesses' core competencies and needs. Dye said the database will help alleviate one of the local technology industry's major challenges. He said many businesses that need some kind of technology support end up going to the Seattle area because they're unaware that local companies offer the same service in Whatcom County. The monthly meetings also help establish those connections. The monthly meetings are more than a social hour. TAG brings in speakers that might not otherwise come to the area, Lenderman said. And not all of those speakers are for the technology -savvy — Lenderman said a speaker in March presented on the challenges of project management. "Whether you're an IT director or software developer or owner, you need those kinds of skills," he said. In addition to its purpose as a networking agent and bolster of technology education, TAG also serves as a united voice for technology interests. While Dye said the intention of TAG is not to be political, it does serve in that role to some capacity. Through alliances with other technology organizations, such as the Washington Software Association and the Technology Alliance, TAG is also able to negotiate and offer member businesses competitive rates on amenities such as health insurance. "TAG speaks loudly for i,/hat it stands for," Lenderman said. By the numbers 7 percent of jobs in Whatcom County are technology -based (WTC). Whatcom County has the highest formation rate of technology jobs in the state, according to the WTC Index of Innovation 2006. 4 Whatcom County companies are listed on Inc. Magazine 5,000 fastest growing businesses in the nation. Three are technology -based: Toolhouse Design, Ryzex and Logos Bible Software. 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O O N cm W L O U E i C� (D cU © cU �.� Q CO a) �_ c a) 0Q -r--m [LU cu 145 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 Board of Health October 2, 2007 Council Chair Carl Weimer called the meeting to order at 10:30 a.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 1. PUBLIC SESSION No one spoke. 2. ONSITE SEPTIC (OSS) OPERATIONS AND MAINTENANCE (O&M) LOCAL MANAGEMENT PLAN John Wolpers, Health Department, stated the draft includes a section on sensitive areas. The draft local management plan includes six parts. It is arranged according to the plan guidance from the State Department of Health, which the County is required to follow. Brenner asked Mr. Wolpers to explain to people that the self -inspection classes are not a part of this draft plan, because this draft just fleshes out the existing stuff. Wolpers stated the local management plan is required by the State Department of Health. He explained the requirements of the State regulations on local health departments and read the six parts of the plan. This plan is draft, and does not yet talk about education for homeowners. The Council must first make a determination on sensitive areas. Then the regulation would need to be changed. The staff is looking for suggestions from the Board on what may or may not need to be changed as they move forward. Fleetwood asked if the impetus for this has to do with the Governor's initiative to clean up Puget Sound. Wolpers stated it does. That initiative and legislative bill 1458 were the motivation for this. They are to write a detailed plan for operations and maintenance of onsite septic (OSS) systems so they function properly. Brenner stated she received an email from Bob Bingham that she would like the staff to review. Wolpers stated he just received that information from Mr. Bingham. Weimer asked about the first bullet item in part one, section 4. In choosing options a, b, or c, people are supposed to choose one. However, it seems someone can choose more than one. If someone has sewer, he or she wouldn't have an OSS either. Board of Health, 10/2/2007, Page 1 146 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. Brenner stated it would be better to say "no OSS or sewer on property" or something that defines it as being different. Change the language to, "no form of getting rid of human waste." Wolpers stated he will work on the language in that section. Nelson asked if the postcards have a stamp for return. Wolpers stated it would be prepaid postage. They did a Lake Whatcom pilot project to see if they would get good response. They received about 60 percent response. Brenner asked the number of staff positions the Council funded, and how many are filled. Wolpers stated the Council funded four positions. They are an OSS coordinator, two environmental health specialists, and a clerical position. All but one health specialist position has been filled. That position doesn't go into effect until 2008. There is potential for database enhancement with one additional half-time position. The Public Works Department has dollars they've talked about with the shellfish districts. They are writing an agreement to offer another position to assist with the O&M program. That individual would be used to begin implementation and to concentrate on any high fecal content results found. Weimer stated shorelines are called sensitive areas when within 200 feet of the mean high water. The way the language is written, any parcel that touches the shoreline is included as a sensitive area, even if the OSS system is many acres away. He asked if they will change that to consider where the septic system is actually located on the parcel. Wolpers stated they will look at those systems within 200 feet. Weimer asked if the inspectors would note the location of the system during the first check. Wolpers stated they would. Weimer stated the language doesn't reflect that task. Clarify whether it is the OSS system or the parcel. Brenner stated page 16 defines the shoreline management area. It says the program has jurisdiction over all surface water and extends landward for 200 feet from the ordinary high water mark. Weimer stated he wants to make sure they clarify the definition to mean the location of the OSS system, not the entire parcel. Wolpers stated they talked about it being contiguous with the entire parcel at one time, but that didn't make much sense. Brenner stated that at this point, the identified sensitive areas won't be treated differently from other areas, in terms of operation and maintenance of the septic system. Wolpers stated that is correct. When first proposed, they talked originally about following the Shoreline Management Program and the group A wellhead protection areas. After researching that option, he realized it didn't make sense to include the group A wellhead protection areas. The regulations that encompass group A areas provide sufficient protection. They aren't as concerned as they thought they would be. Therefore, staff went through the maps to explain why they chose the areas they chose. Now, it is the Shoreline Management Program. Board of Health, 10/2/2007, Page 2 147 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 stated the last map the Council was shown had group A systems. Wolpers stated it did. It also had group B systems. The State makes them look at and consider ten different things. As they went through those items, they determined that the Shoreline Management Program was a way to administer operations and maintenance in determining what sensitive areas would be included. Part 4 is the marine recovery area strategy. That designation alone makes it a sensitive area. They are talking about the same thing, but it is broken out into two different ways in this plan. That's how the State wanted it. Crawford stated write the plan to better -incorporate Mr. Wolpers explanations here. The draft doesn't explain why they've chosen those two things over the other eight items. He asked about page 15, item seven. A cranberry operation isn't really a wetland. Also, there is a third cranberry operation near Birch Bay. Wolpers stated they are talking about wetland areas under production of crops for human consumption. It is a State portion they have to look at. Staff from the Farm Service Industry talked about what would be considered wetland operations. Crawford asked if they are saying there are two natural wetland areas, previous to the cranberry production. He asked what difference it makes from the point of view of OSS. Someone with an OSS nearby, whether or not there is a wetland, would be concerned about connectivity. He strongly suggests that this chapter be reorganized so someone reading it can say that they looked at ten different factors, prioritized two of those factors, and explained why they prioritized those two factors. The Board concurred. Brenner stated it would be better to summarize what they mean in each chapter at the beginning of the chapter. Weimer referenced page 16, section 10. It sounds like there is jurisdiction over smaller streams. The bottom sentence may not be accurate, because it says it has jurisdiction over all waters. Brenner stated the bottom sentence should also say that the program has jurisdiction over land areas that are 200 feet from ordinary high water mark. Wolpers stated staff copied the language verbatim from the Planning Department. If it isn't correct, they can change it. Brenner stated it regulates all the streams with a certain flow, but it has jurisdiction over everything. That's different. The map shows the areas that are regulated, not the areas in the jurisdiction. Jurisdiction means they are in charge of it. The County has jurisdiction over unincorporated areas, but does not have the same regulations over all those areas. Weimer stated they need to ask the County's shoreline staff person in the Planning Department. Wolpers stated he will ask. Board of Health, 10/2/2007, Page 3 im 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. Nelson stated the law requires maintenance on gravity feed systems every three years. He asked if that is flexible. Wolpers stated State law requires maintenance every three years. Nelson stated that some systems may not need that maintenance every three years. For example, summer -only residents will not fill a tank every three years, but will still be required to do maintenance. Brenner stated that is one reason for allowing residents to take classes and do their own inspections. She asked if the Prosecutor's Office reviewed the enforcement section. Wolpers stated it did. It follows Whatcom County Code (WCC) 24.07. Nelson asked how staff will monitor maintenance if people are doing their own. Wolpers stated it will be very difficult. Brenner stated it won't be difficult if the owners have to fill out a form and hand it in. Set up the whole thing as a database. Wolpers stated that if homeowners are allowed to do their own maintenance, quite a few other things have to be accomplished to allow that. It's not insurmountable, but it's a matter of what it will take in terms of additional resources. Crawford asked what happens to the 40 percent of people who don't respond with inspections. Wolpers stated it would fall under enforcement activities, in part C. They will define an area to start implementation. Through the database, they will determine how many homes to send it to. They will send out those postcards, which ask specific questions. Also included is a list of operations and maintenance (O&M) specialists homeowners can get to perform that service. The people would either notify the department that the service was performed or that they are on sewer. If the County doesn't get a response either way, the staff can follow up. Crawford stated that if one has a septic, the only option is to get an inspection. He asked if there is a timeframe from when someone gets a postcard to when the inspection is done. Wolpers stated there is. House Bill 2012 is specifically for marine recovery areas. The County will attempt to implement it countywide. Crawford asked what happens next. Wolpers stated that if the department doesn't get a card from a homeowner, it would send out a second notification with a deadline. Regina Delahunt, Health Department Director, stated after that there will be a notice of violation and civil penalties. Wolpers stated the current violation is $125 per day. In the new OSS regulations being developed by the State Department of Health, the penalty goes up to $1,000 per day. Crawford asked if the penalty is for not reporting to the county. Delahunt stated the penalty is for not getting the system inspected. If the person has had the system inspected, the department would have received a report of system status from the licensed O&M specialist. Civil penalties is the only hammer the County has to get to do this. Crawford stated that in this system, a person is guilty until proven innocent. Board of Health, 10/2/2007, Page 4 149 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. Weimer stated it seems that a hold on a person's permit happens before there is a notice of violation and fines. It's not clear in this section. Crawford stated there has been a big leap from an argument about whether or not this should be triggered at the time of sale to a person being in violation for not returning the County's postcard. That's a big leap. Brenner stated there is a notice of violation first, without civil penalty. She asked what happens if the person refuses to pay the penalty. Delahunt stated the County can continue to pursue action against the person. They can put a lien on property. There are all kinds of things they can do. Brenner stated they can't put a lien on someone's property for a class II civil infraction, according to the Prosecuting Attorney. She has a problem with holding up permits. If there is a hold on future permits, the language should say that, but not on current permits. Wolpers stated staff will wordsmith that language. Delahunt stated they've said all along that enforcement will be difficult. They are potentially talking about 20,000 systems. If 40 percent of the people decide they're not going to do it on the first try, there will be a lot of paperwork and staff time to follow up. Without enforcement, they are stymied and must go back to education. Education was effective for only 7 percent per year. In general, when they do enter into an enforcement process, 90 percent of the people will comply by the time they get to the third notice and the more serious letters. When people realize they are serious, most people will comply. Education will be a big part of this program. They must change the social contract. People will have to understand that they really need to maintain their systems. In many other parts of the nation, this is a part of life. It is something that people just do. It takes awhile to change a social norm. Caskey-Schreiber stated she agrees that the County must be serious. The County has never been heavy-handed with enforcement. Develop some kind of appeal process for extenuating circumstances. Have an appeal process to create higher rates of compliance and mitigate the fines. However, if there isn't some kind of enforcement, the County won't get compliance and will get in trouble with the State. Delahunt stated the letters of enforcement also encourage people to contact the department staff if there are extenuating circumstances. In most cases, they don't get to the civil penalty section. Brenner stated they must give people options for paying for this, or else it won't work. This isn't about changing a social contract. It's about working with the community on options to get them where they want to be. A minority of people will want to take classes and inspect their own systems, but the County must respect those people. There must be compromise on all sides. Delahunt stated the staff based this plan on the existing regulations, which don't have those provisions. If they change the existing regulations, they can add those provisions. Staff isn't opposed to allowing homeowners to do their own inspections. That was included in the first version in some form. The issue is about how that's done. (Clerk's Note: End of tape one, side A.) Board of Health, 10/2/2007, Page 5 150 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 stated that it creates more incentives to returning the card if people can be more honest. Ask people what they are willing to do. Now, they are threatening people with fines and a guilty -until -proven -innocent philosophy. First find out if the septic owners are there, and then ask them how best to work with them to ensure compliance. Ask the property owners what will work for them. Now, people will throw away the cards with the three options. Begin with respect and integrity. Nelson asked the cost of an inspection. Wolpers stated he guesses the cost is about $300. Nelson asked if there would have to be re -inspections if problems were found. Delahunt stated the Health Department has to make sure the deficiencies are corrected. If there are deficiencies, the Health Department must follow-up to make sure they are corrected. Nelson asked if there will be penalties on O&M specialists if they miss something. Delahunt stated the County will do quality assurance on the O&M specialists and their work. The Health Department will randomly inspect their work and will certify the specialists. Nelson asked if the owner has to pay the County for the department to follow up. Delahunt stated the owner does not. An owner may have to submit receipts or report that the problem has been fixed. Wolpers stated that O&M specialists will currently make necessary repairs, and note on the report that there was a problem that was fixed before sending in the form. Delahunt stated there should be more detail on enforcement, which should include some sensitivity. Wolpers stated it will also include a potential appeal process. Weimer stated staff should also look into whether the department can legally put holds on permits. Brenner stated it's important that the next draft have language that allows homeowners to do self -inspection. Nelson moved to have staff incorporate the sensitive area direction in part one and include homeowner self -inspection in the final draft. Weimer stated an ordinance would come forward along with the plan. Crawford asked about the Lake Whatcom watershed and the sensitive area designation. He asked why the entire Lake Whatcom watershed isn't included. Delahunt stated the entire Lake Whatcom watershed is not the sensitive area. The sensitive area is the 200 feet from the water line. In the State law, there is a special requirement for looking at marine recovery areas. That's why Drayton Harbor is included as a special area. It is connected to Puget Sound. Board of Health, 10/2/2007, Page 6 151 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 stated there is no direct evidence that the fecal coliform levels in Drayton Harbor are from residential septic systems. It is only a suspicion. Delahunt stated they can say that many things contribute to issues in Drayton Harbor, some of which are septic systems. She doesn't believe it is the major contributor, but it does contribute in some way. There are only 3,000 systems in Drayton Harbor. Put the priority on Drayton Harbor up front to go through those system once and for all, make sure the O&M is done on all those systems, and then put to rest all the debate about its contribution. There is good consensus about looking hard at Drayton Harbor to upgrade the area. That's the rationale for Drayton Harbor being the one marine recovery area to look at. Crawford stated the homeowner aspect is good to add. He's really struggling with the County's priority here and saying that the entire Drayton Harbor watershed is a sensitive area for septic systems. Weimer stated that in reality, calling it a sensitive area doesn't make it any difference because they are treating all the areas the same. There is no requirement to treat those systems any different from any other system in the county. Delahunt stated it really just means that the County is going to start in Drayton Harbor. Caskey-Schreiber asked if the motion allows home inspection in sensitive areas. Delahunt stated that has been the debate at the Public Health Advisory Board. Nelson stated the advisory board doesn't want homeowner inspection in the sensitive areas. Delahunt stated the advisory board thinks homeowner inspection is fine in areas that aren't sensitive areas. areas. Caskey-Schreiber stated she supports homeowner inspections, but not in sensitive Crawford stated almost all of Whatcom County is in a sensitive area. Nelson stated they need to have that debate. They must deal with it one way or another. They keep going back and forth on it. Six years is as long as he prefers to go without inspection by a licensed O&M specialist in any area. There is not enough evidence to show that septic systems are a big problem on county water resource areas. Delahunt stated the sensitive areas are just 200 feet from the shoreline, and Drayton Harbor. Nothing else is a sensitive area. Brenner stated Drayton Harbor is a huge area. Crawford stated the language says that the Portage Bay Shellfish Protection District is considered a sensitive area. That includes most of the rest of the county, besides Drayton Harbor. Delahunt stated those ten things listed were the things the County had to consider to determine its sensitive areas. Nelson restated his motion to include homeowner self -inspection except in sensitive areas as defined in the draft, including all of Drayton Harbor and land within 200 feet of other waterways in the county. Board of Health, 10/2/2007, Page 7 152 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 stated the initial inspection will be done in all areas by a licensed O&M specialist. Self -inspections should be allowed in all areas. Most people won't take the class anyway. It will be for the people who care enough to do it. See if this will work before hitting it harder. Weimer asked about the more complex systems. Councilmember Brenner proposed treating them all the same. Caskey-Schreiber stated that is not in the motion. Delahunt stated the staff will propose a frequency when it brings forward a new draft. Nelson asked if there are permit requirements on complicated systems so a company must come back and check the system. Delahunt stated that is only for the most complicated of the systems. Nelson stated the next draft must clearly say that so they all understand what they're voting on. Delahunt stated that everything except a standard gravity system has to be inspected annually. There is a disconnect because the most complex systems would be inspected by homeowners for five inspection cycles, but homeowners would inspect the less complicated systems for one inspection cycle. Staff will bring forward a recommendation. Brenner stated most of the more complicated systems are newer systems. A pump system is not so complex that people can't learn to inspect it. Motion carried unanimously. George Iddon, 2170 Wicklow Place, Point Roberts, stated the Council should ask the septic system owners and allow them to speak before passing motions. Almost all of Point Roberts is 200 feet from shoreline. Point Roberts isn't even on the map. The Council doesn't go to Point Roberts. Neither do inspectors. It will cost Point Roberts owners more for inspectors because they have to go through the border. Inspecting systems isn't complicated. These rules and regulations will kill him as a homeowner. Someone from Point Roberts who only uses the system for a couple of months out of the year won't cause a problem. Dale Peterson, 4052 Salt Spring Drive, Ferndale, stated his 16-year old septic tank has been pumped twice. The last time, the pumper said that it wasn't needed. There is no indication of pollution from septic systems. Septic pumpers ought to be certified inspectors. Also, the frequency, based on data they accumulate, should determine the frequency. He can probably go 12 years without another pumping. Carl King, 4283 Bay Road, Birch Bay, stated this is a perfect example of the State putting the cart before the horse. Ninety percent of the people are being impacted by an onerous legislation that should only apply to offenders. All systems should be inspected at least once per year by a professional. After that, there is no need for an annual professional inspection, especially for the high-tech systems. The State thinks the more technical systems fail quicker and should be inspected more often. He asked the State's evidence. Those systems work perfectly. First, do a full range survey of every septic system in the Board of Health, 10/2/2007, Page 8 153 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. county and statewide to see what the failure rate is. There are other sources of pollution. It's not the septic systems that are polluting Puget Sound. The danger is the government that is trying to punish everyone for a smaller problem. Bob VanWeerdhuizen, Noon Road, stated he agrees with the previous speaker. The septic tanks aren't the polluters. They have cleaned up the water due to the Clean Water Act. The Portage Bay shellfish beds used to be closed, but are now open. He doesn't like being made to inspect his system when it isn't necessary. He is not next to a waterway or shoreline. Earl Quinn, Everson, stated he thanks Councilmember Brenner for notifying people of what's going on. They need more councilmembers like Councilmember Brenner. Bob Bingham, Kendall Road, stated he provided the Council with a handout earlier (on file). They need scientific data to back up what they do. The data does not exist to show that septic systems pollute the waters. The State says the County is supposed to collect that data. Improve the data system. He's glad to hear that is number one in the proposal. How they define failure and repair is important. The County and State regulations mean that a failure is a total failure, and a repair means total replacement. They need good data before concluding that OSS systems are polluting the water. There is data about where the pollution in the water comes from. The source of the pollution is due to large public systems and farms due to runoff. OSS private systems are not the cause. Personal inspection is not rocket science. (Clerk's Note: End of tape one, side B.) Bingham continued to state that there isn't anything to fear. They are drinking the wastewater after it's recycled. That's okay. That's the way it works. The EPA says that all fecal matter is removed from the wastewater within two to four feet of soil. That's why State, federal, and County regulations allow the water table to get so close to the bottom of a septic field. Most viruses are removed in a limited amount of soil. People are whipping this up into a frenzy unnecessarily, but it's basic, well -established science. He is in favor of people inspecting their own systems. Mary Dickinson, Building Industry Association Governmental Affairs Director, stated she is pleased that the Health Department will come back with new language on the enforcement section. The Health Department can't take away permits that have already been granted without due process. There should be some sort of appeal process in place, also. Run the proposed regulations by legal counsel. Weimer stated the Health Department will bring this forward again. The Council will hold a formal public hearing before it's adopted. The public is welcome to send comments to the Council. ADJOURN The meeting adjourned at 12:10 p.m. Board of Health, 10/2/2007, Page 9 154 1 2 3 4 5 6 7 8 9 10 11 12 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Jill Nixon, Minutes Transcription The Council approved these minutes on ATTEST: Dana Brown -Davis, Council Clerk 2007. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair Board of Health, 10/2/2007, Page 10 155 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 October 9, 2007 Council Chair Carl Weimer called the meeting to order at 6:15 p.m. in the Council Committee Room, 311 Grand Avenue, Bellingham, Washington. Present: Absent: Barbara Brenner None Dan McShane Sam Crawford Seth Fleetwood Laurie Caskey-Schreiber L. Ward Nelson Crawford moved to go into executive session to discuss the agenda items for 45 minutes. McShane stated he would recuse himself from the discussions. He has been given too much information through a conversation with someone who wrote the deal. Also, he read things he shouldn't have. The attorney is a friend. Brenner stated the attorney is also a friend, and she read much of the stuff. She asked if that means she must recuse herself. Karen Frakes, Prosecutor's Office, stated it does not. McShane stated he's overheard conversations while in the attorney's office. Frakes stated the attorney has also donated to Councilmember McShane's campaign. McShane stated there is an appearance issue, no matter which way he votes. He will stay out of it. Motion carried 6-0-1 with McShane recusing. 1. CONSIDERATION OF AN APPEAL FILED BY LARRY WATSON OF THE HEARING EXAMINER'S DECISION ON CUP06-0031, REGARDING A REQUEST TO CONSTRUCT A RESERVOIR AND WATER MAIN, INCLUDING A GRAVEL ACCESS ROAD FOR THE LAKE WHATCOM TREATMENT CENTER BY LAKE WHATCOM WATER AND SEWER DISTRICT (AB 2007-321) 2. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES REGARDING PENDING LITIGATION (AB2007-018) OTHER BUSINESS ADJOURN Committee of the Whole, 10/9/2007, Page 1 156 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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. The meeting adjourned at approximately 6:46 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on , 2007. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Carl Weimer, Council Chair Committee of the Whole, 10/9/2007, Page 2 157 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 October 9, 2007 Council Chair Carl Weimer called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Barbara Brenner Dan McShane Sam Crawford Seth Fleetwood Laurie Caskey-Schreiber L. Ward Nelson FLAG SALUTE ANNOUNCEMENTS Absent: None 1. CONSIDERATION OF AN APPEAL FILED BY LARRY WATSON OF THE HEARING EXAMINER'S DECISION ON CUP06-0031, REGARDING A REQUEST TO CONSTRUCT A RESERVOIR AND WATER MAIN, INCLUDING A GRAVEL ACCESS ROAD FOR THE LAKE WHATCOM TREATMENT CENTER BY LAKE WHATCOM WATER AND SEWER DISTRICT (AB 2007-321) Crawford moved to deny Bellingham's motion to intervene. Motion carried 5-1-1 with Brenner opposed and McShane recused. Fleetwood moved to uphold the Hearing Examiner decision and to add an additional condition to the conditional use permit, "The improvements authorized by this permit shall not be used in the future to improperly extend urban services to the rural areas contrary to the provisions of the Growth Management Act." Motion carried 6-0-1 with McShane recused. Weimer announced that there was discussion with Senior Deputy Prosecutor Karen Frakes regarding pending litigation (AB2007-018) in executive session during the Committee of the Whole meeting. OPEN SESSION The following people spoke: Kris Ungern, 2095 Northshore Road, stated potential high turnover on the City Council and County Council will not have any effect on the prevailing political philosophies Whatcom County Council, 10/9/2007, Page 1 158 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. dominating the councils. Some candidates rely on contributions from outside the county or state, which make local elections a sham. The races are not non -partisan. There is outsider influence on local politics. The timing of recent announcements seems to benefit certain candidates, such as the proposed reconveyance of State Department of Natural Resources (DNR) lands and the formation of a separate department for the Lake Whatcom watershed. Councilmembers promising to have the City and County work more closely in the future don't have credibility, given the mixed track record in recent years. Councilmembers prefer routine extensions of six-month moratoria, rather than dealing with the underlying issues in a problem -solving manner. A political forum that doesn't allow questions from the audience or rebuttals to cheap shots from opposing candidates betrays a lack of impartiality. He learns more about local issues from political blogs and alternative newspapers than from the Bellingham Herald. Dennis Jones, Sudden Valley, stated he respects the independent weekly press, the Bellingham Herald, and this county. This county, like democracy, is inefficient, time- consuming, and often wrong. The alternatives to democracy are much worse. An extremist mentality here is screaming professional lies to take control of government. They all know what the Lake Whatcom Management Plan is. In 1995, Roger DeSpain recommended a regional parks district for funding conservation of Lake Whatcom, specifically the flood area, Lookout Mountain, and Smith Creek. There is nothing new about this. There is no ill -intention about this plan. This plan is the best thing they've seen, and has been out there forever. There are some concerns. Look into whether the DNR can do it better than the County. He can't find another way that would be better. The same goes for the Chuckanut Mountain park district. Designate the areas they want to preserve, and fund them. The mid -peninsula regional conservation district above Palo Alto has done that. These are two outstanding programs with no political motives. It is just good work. Fred Miller, 3229 Northshore Road, stated one assumption is that threats to water quality from forestry activity are different from threats from other uses in the watershed. They all know that they tend to be a surge of big problems. There is also that long-term cumulative effect of streams, bad roads, and erosion. Keep in mind that those giant surges can create enormous problems. Much planning data they've used have rejected that information on the problems. Water impacts have surges as well as long-term continuity problems. The City and County have different and more direct responsibility than the DNR to manage water quality issues. The DNR has a mandate to generate revenue for schools. They have a conflict of interest. They will state that they must conserve water quality where they can, but local jurisdictions will do a better job of looking out for water quality. Step up the activity and keep the pressure on. A consideration of reconveyance and current forestry activities are before the County Council. The reconveyance plan can take many forms. It's a great idea. Don't miss this opportunity. There are ways to pursue common, aligned objectives to take care of water quality in the watershed. Dave Waring, Sudden Valley Community Association, stated he asks the Council to consider bringing the Sudden Valley Board of Directors to the table with the County, City, and the Water District in negotiations. The Board wants to be represented. It is interested in lake quality and doing its fair share to make sure the watershed is protected. It has Whatcom County Council, 10/9/2007, Page 2 159 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. worked closely with the Water District to make sure there are five levels of redundancy, to prevent sewage spills into the lake. The Board doesn't expect to have a vote, but would like to be represented. He appreciates the efforts and time the councilmembers put into making the government work. It takes a lot of effort and personal commitment. However, he is troubled by money coming into the county from outside. Reject money from outside the county so they can fairly represent the citizens of Whatcom County, and not the people from some place else. Gwen Hunter, 2540 Applejack Lane, Bellingham, stated the quality of the water supply is everyone's special interest. Even if phosphorus loading of the lake stops today, it will be 30 or 40 years before the lake heals. As long as they allow soil compaction from forestry and development, the phosphorus loading will continue and extend the period of time before which the lake is healed. Phosphorus gets rid of oxygen. Good people are working to protect the lake. However, they're still in trouble. Developers are going ahead with projects, even when they're not sure the houses they're building will have water because they know they can declare a health emergency at some point to get City services into rural areas. The Growth Management Act was developed to protect resource lands. The water districts are the main violators. They must be reigned in and made to respond to the will of the people. PUBLIC HEARINGS 1. RESOLUTION ORDERING AN ELECTION TO DETERMINE FORMATION OF AN IRRIGATION DISTRICT TO BE KNOWN AS THE NORTH LYNDEN WATERSHED IMPROVEMENT DISTRICT (AB2007-322C) Weimer opened the public hearing and the following people spoke: Larry Stap, 9728 Double Ditch Road, stated he gets flooded out three to five times every year with six to eight inches of water under his house. He lives north of Lynden. No one is in charge north of Lynden to maintain drainage. He is in favor of forming the district. It addresses watershed improvement. He despises taxes, but he pays them to live in a free country. He doesn't want to pay more taxes, but he will to form a district he can control and use the monies to improve the watershed in which he lives. He lives on Fishtrap Creek, which is a salmon -bearing stream. No one is maintaining these streams. They are getting plugged up. They are losing salmon spawning habitat because of lack of maintenance. Forming this district will be a win -win for an environmental aspect and the drainage aspect. Lewis VanMersbergen, 906 Pangborn Road, stated he moved onto his farm in 1930. Maintenance of ditches falls to landowners. They're not working together, but want to. They need to do something in addition to ditching and including anything with water in the ground. He is in favor of the district. Steve Seymour, State Department of Fish and Wildlife, stated he is in favor of forming the district. He's worked with the landowners in the past to understand and solve the flooding issues. He described the area. There is no more capacity in the creek through Lynden. Two-thirds of the basin is in Canadian ownership. Forming a structure is Whatcom County Council, 10/9/2007, Page 3 160 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. necessary to start talking to the Canadian citizens about their future plans for the basin and to get landowners engaged in a major, overall plan. In the past, landowners have solved their immediate problems on their land, which passes problems on to neighbors downstream. Within the basin, people agree that it's time to do something. Hearing no one else, Weimer closed the public hearing. Weimer stated he is in favor of this district. It's rare when taxpayers ask to be taxed more. This will help protect farmland, the environment, and salmon. Caskey-Schreiber moved to approve the resolution. Nelson asked the population of the tax base. He asked if it's done by acreage. They've removed the parcels of land less than three acres. He asked if there will be enough financial support to do the projects they want to do. John Gillies, Farm Friends, stated they will. There are about 206 taxable parcels, owned by about 125 different landowners. Some parcels are quite large. Edaleen Dairy owns about ten percent of the acreage. They control ten percent of the votes in this district. By law, the district can tax $.50 per acre, which doesn't generate much. However, it provides leverage to work with other governments. Different sources of revenue are available for doing projects. Caskey-Schreiber stated its great that these watershed areas are taking ownership and solving their own problems. The State Department of Ecology supports this district. It is anxious to get into negotiations with the district to solve problems. She loves the model. Motion carried unanimously. Nelson stated he thanks the Council's staff for preparing this proposal. 2. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY BY NEGOTIATION — REQUEST #TR2007-02 (AB2007-380A) Weimer opened the public hearing and, hearing no one, closed the public hearing. Brenner moved to approve the resolution. McShane asked if the County will assess the potential value of the mineral resources on the property. He worries that the County is giving away what could potentially have significant value in that area. There is potential for hard rock in that area that could be a mineral resource land (MRL) area. Dewey Desler, Deputy Administrator, stated that question deserves an answer. The administration will find a response if the Council holds this item in committee or Council. McShane moved to hold in the Natural Resources Committee until the mineral resource question can be answered. He's been asked to evaluate similar acreage. A gravel Whatcom County Council, 10/9/2007, Page 4 161 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. property of 40 acres can be worth $20 million. There are rock quarries up there. There is potential for something big there. It would be worth taking a look at. Nelson asked if this is an MRL designated area. McShane stated he doesn't believe it is. Nelson stated the property would have to go through a Comprehensive Plan amendment to have an MRL designation. McShane stated that if the land were worth $20 million, someone will do that. Caskey-Schreiber stated she will vote for the motion to hold in committee. Usually, they sell the property as a whole, not just the mineral rights. She would like to know more about it. These things come forward when someone has looked into the property and asked it to be brought forward. She wants to know exactly what the County is selling before it's sold. Motion carried unanimously. 3. RESOLUTION TO SELL AN EASEMENT OF COUNTY PROPERTY ALONG BIRCH BAY DRIVE TO BAY HORIZONS DEVELOPMENT FOR DEVELOPMENT OF STORMWATER OUTFLOW (AB2007-381A) Weimer opened the public hearing and the following people spoke: Doug Robertson, Horizons Corporation, submitted a handout (on file) and stated they are asking to purchase just an easement, not the fee simple, across tax -title property. He described the history of this property. Horizons Corporation is building Horizons at Semiahmoo, a large residential development, and Horizons Village, a mixed use development. Originally, the proposal was for the stormwater to discharge into Rogers Slough to flush out the slough. That effort was unsuccessful. This is an alternate site that makes logical sense for a number of reasons. He indicated the service area in the handout and described the plan. Within the County right-of-way, they plan for a stormwater outfall facility. It is then discharged into a riprap area. At that point, it would disburse into the already -existing drainage. Under State and local County Code, the County has the authority to sell tax -title property. This is different. The County is not selling the tax -title property. The County will still hold the fee and impose all the restrictions it wants. This maximizes the revenue. The property is unbuildable. There will be no revenue from any other source. They will be able to protect the area. The development will maintain the area for public access. Rhett Winter, David Evans and Associates, stated Fred Bovenkamp is very aware of the environmental and political issues in Birch Bay. He is trying to accommodate those issues with this outfall proposal. As Mr. Robertson indicated, it is a regional facility serving these two developments and other off -site developments. They've considered low -impact development in both of the projects to clean up the stormwater to the best of their ability. Whatcom County Council, 10/9/2007, Page 5 162 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. In many cases, they've exceeded the minimum requirements from the Department of Ecology and Whatcom County. They've also considered the Birch Bay Shoreline Enhancement Project and the Birch Bay Watershed Resource Management District goals. Specifically, almost the entire outfall will be below ground. A small portion will be above ground with landscaping according to the shoreline enhancement project. Horizon Development Corporation is also interested in working with that plan to provide amenities deemed necessary by the shoreline enhancement plan. The easement will reduce flooding downstream of the Horizon Development project in the area of Birch Point Road and reduce erosion and flooding problems near Deer Trail. The project will divert clean stormwater directly to the beach, not in existing waterways where erosion flooding current occurs. It will minimize downstream impacts. They've designed the outfall to make sure the water coming out of the outfall at that location will have a very slow velocity to minimize impacts. Brenner asked if they will have their own tide gate. Winter stated this system won't require a tide gate. It works similar to a water pressure system. Essentially, the ends will close in the low areas. Water will go in at the top. It is pressurized the entire way. There are no additional connections once into the pressure zone, which is the low area. The water pressure pushes the water out. Brenner asked who would be in charge of maintaining the tide gates. Winter stated there isn't a tide gate in this system. It is essentially a large box with a pipe connected to the end of it. It would be equipped with an overflow weir, not a tide gate. Brenner stated the handout says there will be a tide gate. They've had problems before with tide gates. Winter stated that is a drafting error left over from when the site was located at Roger's Slough. There isn't a tide gate. Regarding maintenance, Horizon Development Corporation will maintain the pipe associated with it, the outfall location, the site, and any sort of issues that would come up. If Birch Bay is incorporated, a stormwater district is created, or any other public or quasi -public agency comes forward to take ownership of the outfall can do so. Brenner asked who would manage the costs for this once the Birch Bay district is set up. She asked what happens if a district is set up but doesn't want to manage this. Winter stated that if they don't want to manage it, Horizon Development Corporation would maintain ownership and fund maintenance through the homeowner's association. Caskey-Schreiber stated the Council received an email from Alan Freidlob. She asked if they looked at the Birch Bay Stormwater Plan and if this project adheres to this plan. Winter stated that CH2MHill produced that plan in the last year. He's reviewed the plan. It identified a couple of problem areas, one immediately downstream of the Horizon Village site, just west of Shintaffer Road. There are erosion and capacity issues in that area. They are paying attention to that. By routing all the stormwater around that Whatcom County Council, 10/9/2007, Page 6 163 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. neighborhood and directly to the beach, they hope to have a positive impact on downstream erosion and flooding. The plan also shows a regional system, including the Horizon Development system. CH2MHill solicited Horizon Development for its preliminary design drawings at that time. Their study shows an outfall at Roger's Slough, which they moved. Otherwise, this proposal is in line with their study. Crawford stated the area really stinks at times in the summer when the tide is very low. He asked if this will help that at all. Winter stated an outfall at Roger's Slough would have had a positive effect on the smell in that area. There would have been more water provided for flushing. Moving the site as they've done may not help the smell at Roger's Slough. Brenner stated they did approach Birch Bay Village to see if they could secure some kind of agreement to use Roger's Slough, but that didn't happen. The outfall will be elsewhere. Winter indicated the location of the outfall and the first proposed site at Roger's Slough on a map. (Clerk's Note: End of tape one, side A.) Gerald Larson, 5045 Alder Street, Birch Bay, stated the shoreline plan says to acquire access to publicly owned tidelands and shore lands where appropriate. It also says to encourage cooperation among County landowners, developers, and other agencies and organizations to enhance and increase public access to the shoreline as opportunities arise. This is an opportunity. There isn't any to Cedar, which is the County park. That is property on the beach side of this location. It the Whatcom County Parks Department for a Jackson Street. identifiable public access from Roger's Slough a distance of one mile. There isn't a lot of is a site they need to turn over eventually to park. Develop a park similar to the park at He is interested in the shoreline enhancement consultant's review for appearance and function. That should happen before the Council approves this proposal. The Marine Resource Committee (MRC) has been collecting water quality samples around Birch Bay, Drayton Harbor, and Chuckanut Cove. They are working with a small budget using volunteers to collect the samples. It would be helpful if Bay Horizons would provide funding and volunteers to sample the locations of their outfalls. Advertisements for the development note a stable environment for crabbing and clamming as attributes of the bay. These resources need to be protected. The Bay Horizon volunteers would have to work with Whatcom County Public Works Department's stormwater division. They would spend less than one hour per month. The cost of testing through June 2009 would be approximately $40 for one location. The MRC has an account where monies are held. Kathy Berg, 7585 Sterling Avenue, Birch Bay, stated her concerns have been addressed, but her point was that these things don't happen in a vacuum. Other things are going on in Birch Bay that all affect each other. This proposal should match what the shoreline enhancement folks are trying to accomplish in that location. Whatcom County Council, 10/9/2007, Page 7 164 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 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 Doug Robertson if there can be a contribution for funding for volunteers who could sample the outfall. Robertson stated he is not sure what the sampling requirements are. It would make sense for the administration to impose that as a requirement of the easement. They are not opposed to design review by the shoreline enhancement restoration project. He doesn't know how well that committee is set up to review something at this point. They intend to have that outfall and surrounding property enhanced so there is increased public access. They certainly want to do that in the manner in which the community wants. Hearing no one else, Weimer closed the public hearing. Brenner moved to approve the resolution. She moved to add wording that the shoreline would be enhanced and public access would be provided where possible, and there would be sampling of the outfall, in line with what the Birch Bay community has been working on. Caskey-Schreiber stated she is concerned that they are not coordinating with the Birch Bay Stormwater Plan. She asked if there is an opportunity to have the Marine Resources Committee review the proposal and come up with a suggestion that reflects the motion. She asked to send this item to the Natural Resources committee for more information on how it coordinates with the Birch Bay Stormwater Plan. Brenner stated include language to stipulate that the proposal needs to mesh with the plan. It would be up to the developer to do that. Caskey-Schreiber stated she also wants to know if there is an appraisal of the value of this easement. Fleetwood asked if there is any problem with holding this in committee for two weeks. Robertson indicated that wasn't a problem. Crawford stated legal counsel reviewed the proposal and says that this discharge is consistent with the County and Department of Ecology requirements. He doesn't know if that review was done in light of the shoreline plan, but assumed it was. Nelson stated the developer is already making plans to clear out the blackberry bushes and install benches on the property. He asked what more they want. He's fine with the proposal. He asked if the County would be responsible for outfall maintenance if Bay Horizon were to dissolve tomorrow. Dewey Desler, Deputy Administrator, stated it seems likely that the County would be responsible, but they should explore the question further with legal counsel. Nelson stated that they should discuss in committee the fact that the County will allow something and then may become responsible for activities and problems, rather than the community being responsible for this area. If possible, put a mechanism in place now to help future councils and administrations deal with potential financial problems. Whatcom County Council, 10/9/2007, Page 8 165 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. Weimer stated Birch Bay residents want to know where the money from the easement would go and whether it can go into a fund to help other stormwater projects in the Birch Bay area. Joe Rutan, Public Works Department, stated this was acquired by tax foreclosure. They are not part of the road fund. That issue is not relevant here. That would be an administrative decision. Brenner amended her motion and moved to put this in committee. Desler stated any money expended by the County is a County Council decision. Rutan stated the value is the amount of the assessed value of the County's interest in the entire parcel. The portion of the County's interest in the parcel is the compensation amount. Brenner stated they aren't buying the property, just the use of it. She asked if the County still charges an amount as if they were buying the property itself. Rutan stated that is correct. Motion carried unanimously, 4. ORDINANCE LIMITING, ON AN INTERIM, THE SIZE OF LARGE COMMERCIAL RETAIL ESTABLISHMENTS IN ORDER TO PROMOTE COMPATIBILITY WITH OTHER JURISDICTIONS WITHIN WHATCOM COUNTY (AB2007-135B) Weimer opened the public hearing and the following people spoke: R. Perry Eskridge, Whatcom County Association of Realtors Government Affairs Director, stated he opposes the moratorium. It's not the government's place to tell retail establishments how big they should grow. That's a business decision. If there are concerns about the effects of these establishments, then mitigate the effects through design standards or other things. There are too many interim moratoria in this county. It is going to become an issue. He offered to help the County do something about this. The realtors are willing to provide any information they need. McShane stated this ordinance limits the size on an interim basis. That doesn't mean that they can't modify an interim ordinance based on reasonable suggestions from the public. If Mr. Eskridge can come up with suggestions for something more reasonable, the Council will consider them. The County has resource issues with processing these items. It would help to have assistance. Eskridge stated the responsibility for an urban level of service should be placed in appropriate urban areas. The realtors will support that. Donna Mason, 3686 South Bay Drive, stated that last March, she mailed the councilmembers a seven -page paper. Review it. They should also read a book called "Big Box Swindle" by Stacy Mitchell. She recommends totally banning big box stores in Whatcom County permanently for the benefit of society. Real estate people can probably earn more income selling to many smaller business than one big box store. Whatcom County Council, 10/9/2007, Page 9 166 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. Betsy Pernotto, 3112 Alderwood, Bellingham, stated she agrees with Ms. Mason's comments. The County has a right to limit the size. It's a zoning issue. The bigger the store is, the more negative impacts it has. Impacts include air pollution increase and water quality degradation from the parking lots. Preserve the county's rural character. Negative traffic patterns will develop on County roads. There will be costs to the County that they are not considering. Development must stay in the cities in Whatcom County. Alfred Dale, 741 Chuckanut Drive, Bellingham, stated large stores of this size do away with agricultural land. That impact is suicidal. The traffic is too bad at the mall on the Guide Meridian. He doesn't drive the Hannegan Road because of heavy traffic, either. There is no way to transform that into a village. That is urban living. He has friends who are merchants in this town. He knows them personally and supports their businesses. The big stores don't hire local managers. Most of them are foreigners. He prefers local businesses to succeed. Aileen Satushek, 693 E. Axton Road, Bellingham, stated she supports the ordinance. Preserve the rural character of Whatcom County. Use the City of Bellingham for a site for large retail establishments. That's the proper place for them. If there are too many big box stores, strip development occurs. The landscape becomes unsightly. When the stores are vacated, there are large, unsightly, and unsafe vacant buildings. Whatcom County doesn't need that. The County roads don't have the capacity for the additional traffic from large retail establishments. The County would have to make a tremendous outlay, which wouldn't be a good thing. Cherilyn Jackson, 538 Wildrose Circle, Lynden, stated she is opposed to the ordinance, because Bellingham has an interest in becoming a boutique community. Whatcom County should not become a boutique county. Santa Barbara County can't get middle class citizens, such as nurses and teachers, who can afford to live there. Santa Barbara County is a boutique county. It seems like this ordinance was targeted at Wal-Mart's request to expand. She doesn't understand why Fred Meyer was allowed to expand to two stores, but Wal-Mart was not allowed to expand one store. This moratorium has limited expansion of employers with good employment practices, such as Costco. Create a blend of different shopping opportunities for the entire community, not just the wealthy. Wal-Mart does that. It provides an opportunity for those with lower incomes to have affordable shopping. Also, Wal-Mart hires people with lower level skills who may not find jobs in other markets. The important thing is how they control development, which is up to planning. Make these businesses work in the county. She is also against rural development beyond certain perspectives, but it can be controlled. Hearing no one else, Weimer closed the public hearing. Whatcom County Council, 10/9/2007, Page 10 167 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 moved to adopt the ordinance. This has nothing to do with whether or not a person supports big box stores. This has to do with the Growth Management Act deciding that the county unincorporated areas will be the purveyor of rural services. No big box store requires a rural level of services, including roads. Those stores need the kinds of services available only in cities. The Wal-Mart issue brought this to light, but the reason for this isn't about Wal-Mart. Because the City of Bellingham enacted its limit, there would be commercial developers wanting to develop in inappropriate areas of the county that are supposed to have only rural services. It isn't about likes or dislikes. It's about appropriateness. Anything of an urban level should be annexed into the cities. This is an interim ordinance because it has to go through a long process. The Council has no control over how long that takes. It will be an interim only until it's through the process, after which it will be permanent. Crawford stated the last speaker was correct. This is about Wal-Mart. The community knows that. It started with the City of Bellingham. It's a shame that local government doesn't recognize the role of the competitive retail market. It's amazing that people who advocate for affordable housing and an array of social services will also prohibit the shopping choice of folks with lower incomes. Brenner stated she resents Councilmember Crawford putting motives on why she wrote the ordinance. It had nothing to do with anything except the size in the unincorporated areas. She already stated her reasons. She doesn't like to be accused of being dishonest about why she did this. Crawford stated government plays a role in representing society. They wouldn't want to live in a society where they step away from the responsibility of representing what the citizens want and abandon the concept of an elected, representative society so that the business sector gets whatever it wants. Many times, vacant buildings sit empty. Government makes decisions that are to plan for now and into the future. Make sure the plans make good sense. He's not opposed to box stores or large businesses. They are here to make the right decisions. Motion carried 6-1 with Crawford opposed. 5. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS WITHIN THE LAKE WHATCOM WATERSHED (AB2007-158A) Weimer opened the public hearing and the following people spoke: Judy Westoff, 4172 Squalicum Lake Road, stated she supports continuing the ordinance and an eventual permanent moratorium. Gwen Hunter, 2540 Applejack Lane, Bellingham, stated the Council should extend the moratorium and make it permanent in the future. Mary Dickinson, Building Industry Association of Whatcom County Governmental Affairs Director, stated she sent the Council a letter earlier today. She doesn't understand Whatcom County Council, 10/9/2007, Page 11 •S 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. why this moratorium is being renewed. The Council has done little or no work on it since April. She urges the Council to consider discussing it at some point. Hearing no one else, Weimer closed the public hearing. McShane moved to adopt the ordinance. Nelson asked if the Council's Planning and Development Committee can do some work and then send it to the Planning Commission. McShane stated work has been done on it, in terms of the Bellingham urban growth area. More work still needs to be done. They will have to review the limited area of more intense rural development (LAMIRD) around the lake. It will require a public process for review. There will be some minor adjustments. The committee has done work on this item. The City must mutually agree to it as part of the urban growth area decision. Hopefully by the end of February, the City will agree to a new zone for the lake. There will be a process to adopt that zone. Motion carried 6-1 with Crawford opposed. CONSENT AGENDA Crawford reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one and three through 11. Item two was withdrawn from the agenda. Crawford withdrew item six, seven, eight, and ten. Brenner withdrew item 11. Weimer stated the amount in the title of Consent Agenda item six is supposed to be $662,326.17. Motion to approve Consent Agenda items one, three through five, and nine carried unanimously. 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AMENDMENT TO THE CONTRACT WITH OLYMPIC SECURITY SERVICES, INC. TO PROVIDE SECURITY SCREENING SERVICES THROUGH DECEMBER 31, 2008 IN THE AMENDED AMOUNT OF $120,000 FOR A TOTAL OF $360,500 (AB2007-388) 2. WHATCOM COUNTY HOUSING ADVISORY BOARD REQUESTS COUNCIL APPROVAL OF RECOMMENDATIONS FOR FUNDING AND ENTERING INTO CONTRACTS FROM 2060 REPAIR & RETENTION RFP #07-77 IN THE AMOUNT OF $115,000 (AB2007-389) 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY HEALTH DEPARTMENT AND Whatcom County Council, 10/9/2007, Page 12 169 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. WASHINGTON STATE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT IN THE AMOUNT OF $1,398,638 (AB2007-390) 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A JOINT FUNDING AGREEMENT BETWEEN WHATCOM COUNTY AND THE US DEPARTMENT OF THE INTERIOR/US GEOLOGICAL SURVEY FOR OPERATION AND MAINTENANCE OF TWO STREAM FLOW GAGING STATIONS AT BERTRAND CREEK IN THE AMOUNT OF $42,000 (AB2007-370) 5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO MODIFY THE INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM FOR THE WHAT-COMM COMMUNICATIONS CENTER TO EXTEND THE AGREEMENT FOR AN ADDITIONAL FIVE-YEAR PERIOD (AB2007-391) 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM HUMANE SOCIETY FOR ANIMAL CONTROL SERVICES IN THE AMOUNT OF $614,378 $662,326.17 (AB2007-392) Crawford moved to approve Consent Agenda items six, seven, eight, and ten on behalf of the Finance and Administrative Services Committee. He is against the items because the cost is too expensive for animal control. They've gone overboard here. They must look at the entire program. He is willing to work on any effort of the Council and/or administration to solicit the services of an organization that can provide this service for a reasonable cost. This is not a reasonable cost. Caskey-Schreiber stated this is a reasonable expense for animal care and control. She provided examples of similar costs of other counties with a similar population size. The cost is ridiculous in the sense that they do have to put forth this much money to care for neglected animals. One of the strongest benefits of the Humane Society is that it has a strong base of volunteers, spay and neuter program, and adoption program. It can provide the necessary community education to begin to address this existing problem. (Clerk's Note: End of tape one, side B.) Caskey-Schreiber continued to state that she hopes they won't have to spend this kind of money in the future. The current model has not worked. They've all had evidence of that. She's had many calls, more than any other topic the Council has dealt with, over the past six years she's been on the Council. She wants accountability. The Humane Society has a high degree of public involvement with a governing board and provides that accountability, which lacks in a private entity. Support this agreement. It's a good direction for Whatcom County. Brenner stated she has had a lot of dealings with the Humane Society. She appreciates it's philosophy. She would love to do this for less money. The County tried that route, but it really didn't work. The County had major problems. The County will likely get a substantial annual fee refund from the Humane Society. The Humane Society is building a facility in Ferndale. When it's done, the County can locate there with all the cities and take advantage of everyone using the same management. That would save the County a Whatcom County Council, 10/9/2007, Page 13 170 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. considerable amount of money. The County doesn't have that option now. At that time, the County can sell this property. For what the County needs to have humane treatment for animals, and to cope with the legitimate complaints she's had, this is the best option right now. Nelson stated he has openly criticized the change that has occurred. He hadn't had calls about problems. He had meetings with the administration about the fees and amount of money that Security Specialists Plus (SSP) was able to garner. The administration, perhaps prudently, wanted to keep the costs at a certain price. He believed that the County needed to start addressing those issues, but no one listened. The County moved toward this effort. Councilmember Caskey-Schreiber convinced councilmembers and administration that a higher cost, Cadillac version of the service, is a better approach. He's sorry to see it end up like this, but they must have services to protect the animals. They must make sure the service reaches into the community. He did receive a lot of complaint calls when the County had its contract with the Humane Society in the past. He hopes the Humane Society is able to reach into the community. He will keep an eye on this contract amount, which has now tripled. He wonders how much service they would have gotten if instead they doubled the contract amount a few years ago. Motion to approve Consent Agenda items six, seven, eight, and ten carried 5-2 with Nelson and Crawford opposed. 7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM HUMANE SOCIETY FOR THE FACILITY KNOWN AS 1661 BAKER CREEK PLACE FOR THE PURPOSES OF PROVIDING ANIMAL CONTROL AND SHELTER SERVICES IN THE AMOUNT OF $10 PER YEAR (AB2007-393) (Clerk's Note: See Consent Agenda item six for the motion and vote to approve.) 8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A START UP AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM HUMANE SOCIETY FOR TRANSITION COSTS FROM THE CURRENT ANIMAL CONTROL PROVIDER TO CONTRACTOR IN THE AMOUNT OF $100,449 (AB2007-394) (Clerk's Note: See Consent Agenda item six for the motion and vote to approve.) 9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #07-89 FOR WATER TREATMENT SYSTEM AT SAMISH PARK TO LOW BIDDER CALLEN CONSTRUCTION IN THE AMOUNT OF $40,324.80 (AB2007-395) 10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #07-101 FOR TWO 3/4 TON PICKUP TRUCKS WITH ANIMAL BOXES FOR USE BY THE HUMANE SOCIETY TO LOW BIDDER SOUND FORD IN THE AMOUNT OF $104,390.83 (AB2007-396) (Clerk's Note: See Consent Agenda item six for the motion and vote to approve.) 11. REQUEST AUTHORIZATION FOR THE COUNTY AND CITY ADMINISTRATIONS TO DRAFT AN INTERLOCAL AGREEMENT ESTABLISHING A NEW JOINT Whatcom County Council, 10/9/2007, Page 14 171 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. MANAGEMENT STRUCTURE FOR THE LAKE WHATCOM RESERVOIR AND WATERSHED (AB2007-397) Crawford moved to approve the request on behalf of the Finance and Administrative Services Committee. Brenner stated working collaboratively with the City of Bellingham is a good idea. She hopes the County will do that. She needs more information before doing anything, however. She is against creating another department. The County just hired a water resource manager. It's necessary to have staff who deal only with Lake Whatcom issues. Have those staff work closely with the City of Bellingham through an interlocal agreement. That doesn't require another department head. Instead, they need to spend more on enforcement and education. Help people figure out what they can do on their properties to better -protect against stormwater runoff and other things. They also need more enforcement. Another department head won't solve that problem. Nelson stated he is also against the request, because he needs more answers. The Council is not able to make a good decision without information on what this will look like and how it will really benefit the community. He also has questions about legality. According to legal counsel, there are nebulous examples of cities appointing people to take on responsibilities. He commends the efforts of the City and County. However, the bottom line answer is in funding projects, not in reformulating the Lake Whatcom management group. A question is how the smaller districts, including Water District #10, will be involved. Get more answers before voting on this. Crawford stated he is in favor of the request. It is an administrative recommendation to reorganize their efforts on Lake Whatcom in a way that would provide more collaboration. He shares the same concerns as Councilmembers Brenner and Nelson regarding cost, jurisdictional authority, and the appropriate process. The motion is to move forward with developing an interlocal agreement, which will come back to the County Council. The interlocal process will work out the details. He would like to know how this displaces current money being put into Lake Whatcom efforts through the water resources fund and current staffing, compared to what they will pay in the future. He asked about the $150,000 cost increase to the City and how that will affect the County's finances. Fleetwood stated he agrees with the concerns. There are more questions than answers. However, it is an idea that is well worth exploring. He supports the request. The request is just for the administrations to discuss and consider this idea. When the draft comes to the Council, the administration will hopefully address many of these questions. The Council will have an opportunity to ask many more questions. This is not a done deal. The Council is authorizing them to proceed with consideration. Crawford restated and clarified the committee's recommendation, and moved to request the administration to draft an interlocal agreement establishing a new joint management structure following the model in Attachment B in the Council packet. This interlocal agreement would come back to the respective councils for approval. Brenner stated the further along this is developed, the more difficult it will be to make changes. She moved to amend the motion to amend Attachment B to eliminate the structural model, including the director. Whatcom County Council, 10/9/2007, Page 15 172 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 asked what the administration will do if the Council eliminates the structural model. Brenner stated consider all the possibilities. Don't begin building the framework from this structural model. Caskey-Schreiber asked how they envision the role of this director regarding County staff. She asked if County staff is to report to this director, or if the director will only report to the Executive and not have control over County staff. Pete Kremen, County Executive, stated there will be a joint staff. The purpose of this request is to develop efficiencies and effectiveness. This approach will eliminate inefficiencies and conflict between similar, but conflicting, City and County regulations in the watershed. The watershed must be managed in its entirety, holistically, not fragmented by the County and City. They would also be able to more effectively propose action items for the entire watershed when it comes to issues like impervious surface and buffers. Those regulations will be consistent throughout the entire watershed. This would be a joint division. The County already has full-time, dedicated staff allocated to working on Lake Whatcom. The City of Bellingham does not. Originally, this started because the City Council asked the Mayor to come up with a proposal to formulate a new division for the City. The Mayor asked him if the County would be willing to partner in this new venture. By working in tandem, as one unit, they will be able to address issues surrounding the Lake Whatcom watershed more effectively. Caskey-Schreiber asked to whom John Hutchings will report. Kremen stated that hasn't been flushed out yet. Nothing yet is presumed or specific. He's only asking the Council's permission for him and the Mayor to proceed with putting something together for the City Council and County Council consideration. Caskey-Schreiber asked if they've talked about any kind of budget. Kremen stated they are talking about a budget. They are talking about allocating a total of $500,000 per year. That doesn't have to be new money. The County already spends lots of money. It will be a dedicated $250,000 per year for this joint division. Most of that may be from existing personnel to work in this one department. The one director would report to both him and the Mayor. Caskey-Schreiber asked if the current system is beyond repair to achieve the same goal. Kremen stated it isn't beyond repair. However, there is more potential for benefit by having one department rather than two separate departments working on the same thing. Brenner moved to refer to the Natural Resources Committee for further discussion. Nelson asked why they need legislative support to do this. Kremen stated they need to enter into an interlocal agreement. Nelson stated they haven't drafted an interlocal agreement yet. They haven't yet got the details. Kremen stated that if he were to do that without broaching the subject to Whatcom County Council, 10/9/2007, Page 16 173 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. the Council, he would probably receive comments from the councilmembers that the administration was doing something without its approval and knowledge. He wants to make sure that the Council is on board with trying to put something together for consideration. The Bellingham City Council approved this proposal unanimously yesterday. Nelson stated he is fine with the motion. It deserves discussion. Many elements have to be considered before he would support the proposal. Crawford stated he is against the motion to forward to committee. The next big step is the administration deciding what to put forward. He asked when the Council would see something. Kremen stated it may be a month or so. Crawford stated the administration requests tacit conceptual approval of this idea and spending staff time to come up with something to bring to the Council. That's reasonable. Fleetwood stated he is against the motion to forward to committee. It would be appropriate to have Natural Resources Committee work sessions. The councilmembers had many questions for which there weren't answers. The Council should put this in the Natural Resources Committee at some point. As long as the Council gets regular updates, there isn't a need to hold it in committee at this time. Kremen stated there will be updates. This is just to get the Council's approval for them to put something together for the Council's consideration. Nelson stated he appreciates that. However, the administration brought forward a flow chart that doesn't necessarily answer the problems or questions that were raised. He can approve tacit support to bring forward an interlocal agreement that may reformulate the Joint Lake Whatcom management structure. He doesn't support the proposed structure. Kremen stated the model included in the Council packet is a proposed model. Nelson stated he can't support that proposed model without having answers to questions. The administration is asking this Council to support this model without any questions. McShane stated he is against the motion to forward to committee. He likes Councilmember Fleetwood's suggestion. There may be some things that the Council hasn't talked about openly enough. He prefers to approve this request without holding it in committee. However, have discussions in the Natural Resources Committee about the things the Council may want to have in the interlocal agreement, such as funding for actual projects. Nelson stated he is interested in doing that. He doesn't want to approve a model now. This is a big issue that requires all their efforts. They already have an interlocal agreement with a taxing district that puts services in the ground in the rural areas. Now they are all of a sudden out of it. They must incorporate Sudden Valley, which is asking to participate. He supports the effort to try and find a solution. He doesn't like the model. There are more questions than answers in this model. None of this will be solved until there is a mechanism to pay for what needs to be done. Changing the interlocal agreement and departmental structure is flawed. Whatcom County Council, 10/9/2007, Page 17 174 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 this, bringing the parties together, is one of the first steps to negotiate a funding mechanism. She respects the Executive's and Mayor's rights to orchestrate staff to work more cohesively. Nelson stated he is also fine with orchestrating staff to work more cohesively. The funding has to happen. That would be the legacy that anyone could leave. Find the best way to make sure these limited resources of the City and the County will make Lake Whatcom safe now and into the future. Everything else is fluff. Kremen stated he understands Councilmember Nelson's reluctance. However, this is not fluff. He and the Mayor are willing to take a bold step to address real problems. The community has seen a lack of coordination, communication, and good permit practices in the watershed. Couple that with the appearance of occasional pride of ownership between the City and Council in terms of who is doing more for Lake Whatcom, which actually does get in the way of doing more for Lake Whatcom. Both the City Council and County Council should be proud of all they've accomplished for the quality of Lake Whatcom. They've been leaders during the past ten years. They do need more resources, but use those resources to their maximum potential. This model may be a way to achieve that. Weimer stated he is in favor of giving the administration the approval to move forward. He will vote for the motion to forward to committee to further develop the model. The inter -jurisdictional coordinating team, of which the Mayor and Executive are already in charge, is supposed to do everything the Executive just said. He's not sure how this proposal will change that effort. Also, the inter -jurisdictional coordinating team, which includes the community experts on Lake Whatcom, has not discussed this model. McShane stated the question is what the County Council is willing to support in terms of giving over authority or taking charge of authority. A question is how to fund projects needed to repair damage. He would like to see those answers in the interlocal agreement. The County has liability due to existing urbanized areas under County jurisdiction. Give the administration approval to start working on this now. It needs staffing. Make it clearer how that staffing should work. It is worthwhile for the committee to talk about what the Council would like to see in the interlocal agreement. One concern is consistency of regulations. This Council knows a lot about the Lake Whatcom regulations. Consistency across the board may not work or be a good idea. It may be a really bad idea. They are mostly dealing with rural lands and limited areas of development, or Sudden Valley. Fleetwood stated that putting this back in committee doesn't give them something that they aren't already going to get. They will have an opportunity to ask questions and get answers in committee. The only thing this motion will do is forestall the Executive from going forward and working on this over the next couple of weeks. There is no compelling reason at this time to put it back in committee. Nelson stated he recognizes the Executive's concern. There were debacles in the watershed, but those are administrative issues. The legislation on those issues has been done. They already have a Lake Whatcom Management group. They have the ability to communication. Now he wants to establish another one. Advisory committees are already willing to help. Staff in the departments are available. The Executive is able to restructure the format of a department if he wants. It doesn't matter if the Executive wants to go Whatcom County Council, 10/9/2007, Page 18 175 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. forward with this. It's a nice thing that may make the administration feel like it is doing something to address the issues with Water District 7 and the water rights being given to people on Squalicum Mountain. That is not legislative. If they want to talk about the issues about which they really need to talk with the City, put it in the Natural Resources Committee or have a discussion with the City Council. They may need to have a discussion with the water district about issues to resolve, such as financing and zoning. Then make a legislative proposal that is needed to accomplish things in the watershed. Motion to forward to the Natural Resources Committee carried 4-3 with Crawford, McShane, and Fleetwood opposed. Caskey-Schreiber stated this is a great effort, but there may be a benefit to fine- tuning the proposal. Nelson stated that if this goes forward to committee, discuss what they want to put forward to the joint meetings. It's easy for the Mayor and Executive to talk. However, the legislative bodies must talk. Start coming up with legislative solutions, unless the Lake Whatcom Management Committee can come forward with solutions. Kremen stated this Council has just demonstrated it must work collaboratively. This Council has just sent a message to the Bellingham City Council, which just unanimously voted for this measure, that the County Council is not willing to work collaboratively. This is one of the critical issues they are trying to work on by putting forward this proposal. He is deeply disappointed that the County Council is continuing to demonstrate to the City Council that the County Council is not willing to partner with the City in earnest. At the very least, the County Council is showing reluctance and resistance to working with something that has a lot of potential to benefit the greater community. Weimer stated that isn't what any councilmember said. No one said they didn't want to move forward with working with the City of Bellingham on a more unified approach to save the reservoir. The Council said it doesn't have any answers to significant questions, and that it would like to move forward to get those answers. Nelson asked if there is any legal reason why the Executive can't move forward with developing an interlocal agreement. The Executive can move forward with that. The City Council endorsed the Mayor for moving forward. He doesn't have a problem with the Executive moving forward to do what he wants to do. The Council has done more work than any other Council in the watershed. The Executive should appreciate the Council's efforts. Caskey-Schreiber moved to reconsider the last vote. She understands Executive Kremen's response. It is somewhat valid. Things between the two jurisdictions have been tenuous. That should end. Nothing speaks louder than actions. (Clerk's Note: End of tape two, side A.) Brenner stated she never heard one word from any councilmember about not being willing to work with the City of Bellingham. The only reluctance is giving preliminary approval to this model. It's a shame to say that means the Council doesn't care about working with the City. The County Council is doing its job. They don't always agree. Once Whatcom County Council, 10/9/2007, Page 19 176 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. the model gets further along, it will be hard to stop it if they want to. Then people will say the model shouldn't be changed because they've spent all kinds of time and money on it. That kind of tactic makes her more concerned than if they were allowed time to digest the information and get questions answered. That isn't too much to ask. Motion to reconsider carried 4-3 with Nelson, Brenner, and Weimer opposed. Caskey-Schreiber stated the Council has other opportunities to provide input. Eventually, when some kind of interlocal agreement is drafted, she would like to see it in the a surface water work session so they can all have plenty of time to work out concerns with the Executive and administration. Motion to forward to the Natural Resource Committee failed 3-4 with Nelson, Brenner, and Weimer in favor. Crawford moved to approve the request. Motion carried 5-2 with Brenner and Nelson opposed. McShane moved to discuss this item in the Natural Resources Committee and to get assistance from the Council's policy analyst with coming up with things that should be included in the interlocal agreement, including approaches for project funding. The Policy Analyst will work on issues regarding what should be included in the interlocal agreement, funding mechanisms for approaches to on -the -ground projects such as stormwater and land acquisition. Brenner suggested a friendly amendment to have the Policy Analyst work on the structure model. McShane accepted the friendly amendment. Depending on the funding mechanism, that structure may need to be modified. Nelson stated he can support the motion if they don't limit the option to this structure. That limits the type of funds which they could use within that structure. McShane stated it could also limit how the governance is done. Motion carried unanimously. OTHER ITEMS 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A 10 YEAR AGREEMENT BETWEEN WHATCOM COUNTY AND WHATCOM COUNTY MASTER GARDENER FOUNDATION (AB2007-398) Brenner moved to approve the request. She's been through the Master Gardener course. These people have a wealth of information and patience. It's a great project. Whatcom County Council, 10/9/2007, Page 20 177 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. Motion carried unanimously. 2. REPORT ON COMMITTEE DISCUSSION REGARDING A REQUEST TO HAVE SPEED BUMPS INSTALLED ON LAKESIDE/EUCLID STREET (AB2007-404) Brenner reported for the Public Works and Safety Committee and stated the County staff is going to wait and see the results of the City's speed hump installation on this road. Nelson stated the residents would like the County to move forward with similar installations. INTRODUCTION ITEMS Brenner moved to accept the Introduction Items, including the amended item. Motion carried unanimously. 1. ORDINANCE INCREASING THE PETTY CASH REVOLVING FUND FOR THE WHATCOM COUNTY FERRY BY $800 FOR A TOTAL PETTY CASH FUND OF $1,800 (AB2007-399) 2. ORDINANCE AMENDING THE 2007 WHATCOM COUNTY BUDGET, 11TH REQUEST, IN THE AMOUNT OF $366,701 (AB2007-400) 3. ORDINANCE ESTABLISHING A LEOFF I HEALTHCARE FUND FOR POST EMPLOYMENT HEALTH CARE AND LONG-TERM CARE COSTS IN THE AMOUNT OF $3,500,000 (AB2007-401) 4. ORDINANCE APPROVING AN INDIRECT CHANGE IN CONTROL OF FRANCHISE -HOLDER GUINESS COMMUNICATIONS, INC. (AB2007-402) S. ORDINANCE APPROVING MT. BAKER CABLE, LLC'S PURCHASE OF TELECOMM ASSOCIATES, INC. AND THE SUBSEQUENT CHANGE IN FRANCHISE OWNERSHIP (AB2007-403) 6. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON LSS05-0016, FILED BY KIRSCH (AB2007-364) 7. RESOLUTION ADOPTING THE WHATCOM COUNTY 2008 ANNUAL ROAD CONSTRUCTION PROGRAM (AB2007-382) OTHER BUSINESS There was no other business. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Whatcom County Council, 10/9/2007, Page 21 178 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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. There were no reports or other items. ADJOURN The meeting adjourned at 9:32 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on , 2007. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Carl Weimer, Council Chair Whatcom County Council, 10/9/2007, Page 22 179 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 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 October 16, 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 None Dan McShane Seth Fleetwood Laurie Caskey-Schreiber L. Ward Nelson Sam Crawford SURFACE WATER WORK SESSION (AB2007-025) 1. COMPREHENSIVE WATER RESOURCES INTEGRATION PROJECT (CWIRP) UPDATE Paula Cooper, Public Works Department, submitted a handout (on file) and stated they discussed the shared vision during the previous work session. From the shared vision, the staff action team (STAT) came up with nine goals and the criteria. They are using the criteria to determine the inherent benefits of the projects. The criteria applied to projects are, in order of importance: human health and safety, habitat function, property (public and private), timeliness and duration of benefit, based on quality information, public involvement process, economic sectors, cultural resources, recreation, stewardship, and contributes quality information. Nelson stated that is a lot of criteria for any one project. He asked if they will talk about how to use the criteria. Cooper stated they will. Last week, the staff team talked about the criteria and their weights. For each criterion, there is a detailed, weighted question. The definitions are clear so people can score each criterion equally. Each criterion has a range of numerical values, depending on the degree a project meets the criterion. Jon Hutchings, Public Works Department, stated a question is how to differentiate between the different projects and planning efforts as they apply the criteria. To do that, know which of the criteria are more important. One would expect core County functions, such as immediate safety issues, to be more important. That's part of the calibration process. The staff also recognizes that people value other things such as cultural resources in Whatcom County. The next question is how to assign relative importance to the ideas embodied in the criteria. Surface Water Work Session, 10/16/2007, Page 1 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. Nelson stated some goals don't seem to be related to any criteria. Cooper stated the criteria are to deal specifically with the benefit of a project, not implementation. The application of regulatory compliance is an overlay to the criteria. Crawford asked about the stewardship criterion. Cooper stated it is about getting community members to take care of things themselves. Crawford stated stewardship could mean many other things. He asked about value. Cooper stated value is an overlay also. It's about implementation, not about the benefit of a project. The next step was to come up with how to weight the criteria. The consultants put the staff team through a process to put a value on each of the criteria. Hutchings stated that this direction is to represent the collective wisdom of the staff team members. The process is about how they figure out a collective view from many people who all have different jobs and personal opinions. Cooper submitted a handout (on file) of how the criteria were weighted. The group members all felt good about the values assigned. Nelson stated he would like to see how this is going to lay out. These numbers don't mean anything now, without knowing how they'll be applied. There may be projects and plans with elements of this that aren't relevant. They may be equal in comparison to all other plans. If they're equal, then they're not really a legitimate criteria for decision - making. For example, if all projects meet the cultural resources criterion, then the criterion isn't to be used to evaluate the project. Make sure they select criteria that are pertinent to the projects they're trying to do. Hutchings stated that's correct. Cooper stated they applied these criteria to all projects across the board. Many of the projects may have scored the same in some of the criteria. That doesn't get to the overlays. For example, a plan on the north fork and a plan on the south fork may have the same kind of benefit. However, the costs may be very different. Brenner stated she is uncomfortable with the private property criterion being comparatively low. It should be higher. She asked about the economic sectors. Cooper stated examples are agriculture and tourism. McShane stated he has a concern about public property and private property having equal footing. Cooper stated the definition allows a higher value for public property than private property. They tried to make sure the criteria don't overlap. McShane asked if one criterion should be scored blindly from the others. Cooper stated that is correct. Nelson stated this is for decision -making at a County level. Certain regions within the county will have different criteria. They must keep in mind how they should make decisions at a countywide level, and not on specific projects or areas. Cooper stated this will motivate people in the individual regions to make their projects broader so there is broader benefit countywide. People will try to get more points. Surface Water Work Session, 10/16/2007, Page 2 181 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. Nelson stated the criteria and weight would have to be supported with facts and assumptions. Brenner asked if the property criterion has to do with negative impacts to property. Cooper stated it does. Brenner stated she is fine with the score of the property criterion. She asked if a project with many lower scores would end up equaling a project with scores only from the weightier criteria. Cooper stated it won't. There is a mathematical formula that the consultants will present at the meeting next month. Hutchings stated the number of criteria is important. There may be a number of projects that score similarly in one criterion. At some point, they need to separate those projects based on some criteria. The questions they apply to projects that are weighted less help them with that separation. Nelson stated he would like the consultant to take previous Council decisions on certain projects and run them through the formula to see how they come out during the next meeting. Caskey-Schreiber asked about cost sharing. Cooper stated that is also an overlay. Caskey-Schreiber stated habitat function may be a key weight. There is more opportunity for cost -sharing if there is a habitat function. Cooper stated that most of the criteria are human -centric. Caskey-Schreiber stated she fears that environmental projects will be lost. Cooper stated that's one of the reasons why the habitat function criterion is the second -highest weighted criterion. She showed preliminary sample results and stated most of the investments have a benefit score in the middle range. The few projects with a higher benefit score have benefits across many criteria. The top and bottom projects made sense to the staff team. The spreadsheets are very conceptual at this point. The team is trying to figure out how much staff each project would require. They are looking at costs over a 20-year life. Hutchins stated that a 20-year planning horizon seemed to be a reasonable length of time to capture the true cost of a project without introducing too much uncertainty. Brenner stated someone assigned the weights. Sometimes the criteria can be applied subjectively. Nelson stated these are based on facts and assumptions, which are also based on facts. Cooper stated everyone is redoing their project lists, which will be combined and refined for consistency. Surface Water Work Session, 10/16/2007, Page 3 182 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. She showed a slide of the draft prioritization process. Once all the projects get their benefit scores, they will be run through the overlays. Nelson stated they need to call the score a criteria score, not a benefit score. Cooper stated the project, after being assigned a criteria score, will go through the benefits, costs, and regulatory overlays. After they look at the inherent benefits of a project, they need to look at the project independent from its benefits. Nelson asked if the costs will have a range. Cooper stated each team member has tried to estimate total costs. Nelson asked if the range should be determined legislatively or administratively. He asked if this is just to add facts and assumptions. Cooper stated it is. Nelson stated costs are usually part of criteria. Anything in government has a cost. He understands why they've taken out the cost, but the legislators may have to consider it as a criteria. Hutchings stated the cost is part and parcel to the analysis. The first cut is to apply those criteria to come up with a prioritized list based on the merits of the project, without considering mandates or costs. Once it's run through that analysis, the next question is determining cost -benefit and determining which projects may have outside money. There will be an analysis tool to look at those things. Nelson stated there are several screening processes. That makes sense. If they go to a regional concept, some projects may not even come to the surface. Hutchings stated some of those decisions will be policy decisions made at a higher level than staff, who focus on the relative merit of a project. This method allows someone to pull out those projects and rank them based on other criteria that are not intrinsic, but may be questions of money or regulatory requirements. Caskey-Schreiber stated this is as objective as they can get. The regulatory requirement overlay should be called regulatory requirement or limitation overlay. There are some regulatory limitations that hinder the benefits of a project. Hutchings stated the staff team had a long discussion about the definition of a mandate. They need to know if Whatcom County is required by law to implement a specific action. If so, they must be able to flag it. If they don't follow a mandate, there will be major ramifications. That's why it became an important analysis tool. However, it doesn't address whether that effort has some intrinsic merit, other than the fact it is being mandated from above. Caskey-Schreiber stated that conversely, they must also respect what is limited. Hutchings stated they haven't considered that. Weimer asked about a regulatory requirement that is from the County. Cooper stated it gets one point versus two points. McShane stated it goes to regulatory limitations. He asked about a scenario where the benefit is high, but there is a remote feasibility. He asked how they stop something that will end up never happening. Hutchings stated this looks principally at where they sit today. Surface Water Work Session, 10/16/2007, Page 4 183 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. Whatever phase of that analysis they are in today is what is getting analyzed for benefits relative to other projects and programs. Cooper stated that some of the projects that aren't feasible aren't scoring well because there is a reason they aren't feasible. McShane stated an example is Swift Creek. Cooper stated this will be useful to compare alternatives on a given project. Some projects score low, but they can change the project so it will score higher. There are feasibility issues with landowners, for example, that they need to account for. Nelson stated it will also help staff come up with different plans to propose to the Council because they look at it from a different perspective. (Clerk's Note: End of tape one, side A.) Brenner stated acknowledge that feasibility is about more than just costs and benefits. Cooper stated she has noted that. Brenner asked if this process can be used when they find obsolete regulations through a code scrub. They may find regulations that no longer make sense when they go through a code scrub. There may be other regulations that are clearer. They've layered regulations. They may find regulations from long ago that get in the way of what they've recently adopted. Consider that if possible. Cooper stated the resource value overlay may be one way to differentiate among several plans with the same score. She will take the councilmembers' feedback to the consultant. Nelson stated he appreciates the staff for working on this project. They've taken time out of their workload to do this. He hopes everyone participating in this process is acknowledged. He's anxious to see some examples. Cooper stated the staff team has done great work to keep this moving forward. OTHER BUSINESS Weimer stated there were concerns from the Conservation District about the Conservation Program for Agricultural Lands (CPAL). The Conservation District has pulled out of the negotiations. They will discuss it at the Council's next Planning and Development Committee meeting. ADJOURN The meeting adjourned at 10:54 a.m. Surface Water Work Session, 10/16/2007, Page 5 1 2 3 4 5 6 7 8 9 10 11 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Jill Nixon, Minutes Transcription The Council approved these minutes on 2007. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Carl Weimer, Council Chair Surface Water Work Session, 10/16/2007, Page 6 185 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007--421 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 10123107 Introduction Originator lfr�l! (c" � 'V L , _�� u 11/07/07 Hearing Division Head: G C T 1 6 2007 j ' `+I a TC n M COUNTY w �1 {COUNCIL Dept. Head. Prosecutor: Purchasirt /Bud et: y� t p�i2 Ij`7 aeculive: �C TITLE OF DOCU ENT: Adoption of an Ordinance Authorizing the Levy of Taxes for County and State Purposes in Whatcom County, Washington, for the Year of 2008 Pursuant to Home Rule Charter Section 6.10. ATTACHMENTS: Proposed Ordinance SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) 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.) The proposed ordinance adopts the Whatcom County 2008 tax levy. COMMITTEE ACTION. COUNCIL ACTION: 10/23/2007: 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 on the Coun 's website at. www.co.whatcom.wa.us/council. INTRODUCED BY: Consent PROPOSED BY: County Executive DATE: October 23, 2007 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE YEAR OF 2008 PURSUANT TO HOME RULE CHARTER SECTION 6.10 WHEREAS, pursuant to Home Rule Charter Section 6.10 the County Executive is required to submit for Council consideration a budget and proposed tax and revenue ordinances necessary to raise sufficient revenues to balance the budget; and, WHEREAS, the County Council has approved a budget for the 2007-2008 biennium, including all sources of revenues and anticipated expenditures; and, WHEREAS, the biennial budget has detailed listings of various revenues including property taxes; and, WHEREAS, the County Council has held a public hearing concerning the biennial budget, the property tax rates, and revenues included therein. NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED by the Whatcom County Council: (A) The property taxes for Whatcom County are hereby levied and are to be charged to the assessment and tax rolls of Whatcom County; and, (B) Property taxes are levied in 2007 for collection in 2008; and, (C) The amounts collected through the County general levy shall be limited to the amount of 2007 taxes, increased for the addition of new construction and improvements to property and any increase in the value of state assessed property. A property tax increase, in addition to the amount resulting from the addition of new construction and improvements to property and any increase in the value of state -assessed property, is hereby authorized for the 2008 levy in the amount of $ 0, which is a percentage increase of 0% from the previous year; and, (D) Because the state of Washington is unable to provide the figures and documentation necessary to establish fixed levy rates, as these figures do become available from the state, levies shall be fixed per "Exhibit A" which shall be prepared by the County Assessor, and attached and incorporated herein by reference. Page 1 187 BE IT FURTHER ORDAINED, that the taxes to be levied against parcels of property within the Diking Districts, Drainage Districts, and Drainage Improvement Districts are to be credited to the individual maintenance funds for the year 2008, and the amounts to be apportioned to the original assessments for construction in said districts are as follows per "Exhibit B" attached hereto and incorporated herein by reference. BE IT FURTHER ORDAINED, that if the Washington State Legislature changes any laws affecting levies contained herein, and the Prosecuting Attorneys Office concurs, the Whatcom County administration will change such levies accordingly. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Civil Deputy Prolttor 2007. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair ( ) APPROVED ( ) NOT APPROVED Pete Kremen, Executive Date: Page 2 EXHIBIT A AND B WILL BE AVAILABLE AFTER THE FIRST OF THE YEAR 2008 Page 3 189 WIMTCOM COUNTY COUNCIL AGENDA BILL NO. 2007-423 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 10123107 Introduction Ori naror: �M C' I0 Er- 'i ED 11107107 Hearing Division Head. NJ 1 6 2007 WHATCOM COUNPI Dept. plead: V,41.11 Prosecutor.• Purchasin /Bud et tDj f /t2 d7 COUNCIL Executive: TITLE OF DOCUMENT: Adoption of an Ordinance Authorizing the Levy of Taxes for County Road Purposes for 2008 ATTACHMENTS. Proposed Ordinance SEPA review required? ( ) Yes (X ) 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 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 proposed ordinance adopts the "atcom County 2008 tax levy for County Road Purposes. COMMITTEE ACTION.• COUNCIL A CTION. 10/23/2007: 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 on the Coun 's website at: www.co.whatcom.wa.us/counciL 190 INTRODUCED BY: Consent PROPOSED BY: County Executive DATE: October 23, 2007 AN ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY ROAD PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE YEAR OF 2008 PURSUANT TO HOME RULE CHARTER SECTION 6.10 WHEREAS, pursuant to Home Rule Charter Section 6.10 the County Executive is required to submit for Council consideration proposed tax and revenue ordinances necessary to raise sufficient revenues to balance the Budget; and, WHEREAS, the County taxes having been on estimates filed in accordance with Home Rule Charter 6.20; and, WHEREAS, RCW 84.55.120 requires the adoption of an ordinance stating the dollar amount of the tax increase and the percentage change in the levy from the previous year in order to maintain the flexibility for inflationary adjustments in future years; NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED by the Whatcom County Council of Whatcom County, Washington, that an increase in the regular Road District property tax levy, in addition to and amount resulting from the addition of new construction and improvements to property and any increase in the value of state -assessed property, is hereby authorized for the 2008 levy in the amount of $ -0-, which is a percentage increase of 0% from the previous year; and BE IT FURTHER ORDAINED, that the Whatcom County Council does hereby authorize a diverting of a portion of the County Road District levy in the amount of $706,530, for the budget year 2008 to the Current Expense Fund account Diverted County Road Taxes to be used for the support of county traffic law enforcement services in the unincorporated areas of Whatcom County. ADOPTED this day of 52008. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Carl Weimer, Council Chair APPROVED AS TO FORM: Civil Deputy Pr cutor ( ) APPROVED ( ) NOT APPROVED Pete Kremen, Executive Date: Page 1 191 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-424 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to. Ori inalor: SM 10-08-07 r �� `�1,�� ;._ �� G `� l.7 October 23, 2007 Introduction Nov. 7, 2007 .public Hearing Division Head: G C, 1 T 6 2907 Dept. Head: " WHATCQM COUNTY COUNCIL Prosecutor.' Purdrasin /Bud et.' Eseculive: jJ! — ip"� TITLE OF DOCUMENT: Public Hearing and Resolution regarding Community Development Block Grant application. ATTACHMENTS: Memorandum, Resolution, Grant Concept Fact Sheet, and CDBG Public Hearing Handout SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing ? ( X ) Yes ( } NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: November 7, 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 RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Required public hearing and Resolution in support of an application for General Purposes Community Development Block Grant funds to be applied to capital construction costs far the East Whatcom Regional Resource Center. Public Hearing Notice langua NOTICE IS HEREBY GIVEN that a public hearing will be held on the following by the Whatcom County Council in the Council Chambers, Whatcom County Courthouse, 311 Grand Avenue, Bellingham, on Wednesday, November 7, 2007 at 7.00p.m.: A Resolution regarding application for a Community Development Block Grant. This Resolution would authorize the County Executive to submit an application to the State of Washington, Office of Community Development, to request 51,000,000 to be applied to capital costs for the East Whatcom Regional Resource Center project. The purpose of the public hearing is to review community development and housing needs, inform citizens of the availability offunds and eligible uses of the state Community Development Block Grant (CDBG), and receive comments on proposed activities, particularly from low- and moderate -income persons and persons residing in Wlnatco>n County. Grant dollars may be available to Whatcom County on a statewide basis to fund public facility, housing, economic development or community facility projects that principally benefit low- and moderate- incoune persons. The draft application for the general purposes block grant will be available for review at the Whatcom County Executive's office, Suite 108,311 Grand Avenue, Bellingham, after October 31, 2007. Comments may also be submitted in writing to the Whatcom County Council until the public hearing has been closed. COMMITTEE ACTION.• COUNCIL A CTION.• 10/23/2007: 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 on the Coun 's website at. www.co.whatcom.wauslcouncil. 192 SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: 10/23/07 RESOLUTION NO� APPLICATION FOR A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) WHEREAS, Whatcom County is applying to the State Office of Community Development for funding assistance; and WHEREAS, it is necessary that certain conditions be met as part of the application requirements; and WHEREAS, County Executive Pete Kremen is authorized to submit this application to the State of Washington on behalf of Whatcom County; and NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council authorizes submission of this application to the state Office of Community Development to request $1,000,000 from the CDBG General Purposes Grant Program for capital costs of the East Whatcom Regional Resource Center in Whatcom County, and certifies that if funded, it: Will comply with applicable provisions of Title I of the Housing and Community Development Act of 1974, as amended, and other applicable state and federal laws; and Has provided opportunities for citizen participation comparable to the state's requirements (those described in Section 104(a)(2)(3) of the Housing and Community Development Act of 1974, as amended); has complied with all public hearing requirements and provided citizens, especially low and moderate -income persons, with reasonable advance notice of, and the opportunity to present their views during the assessment of community development and housing needs, during the review of available funding and eligible activities, and on the proposed activities; and Has provided technical assistance to citizens and groups representative of low and moderate income persons that request assistance in developing proposals; and Will provide opportunities for citizens to review and comment on proposed changes in the funded project and program performance; and Will not use assessments against properties owned and occupied by low and moderate income persons or charge user fees to recover the capital costs of CDBG-funded public improvements from low and moderate income owner -occupants; and Page 1 193 Will establish a plan to minimize displacement as a result of activities assisted with CDBG funds; and assist persons actually displaced as a result of such activities, as provided in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended; and Will conduct and administer its program in conformance with Title VI of the Civil Rights Act of 1964 and the Fair Housing Act, and will _affirmatively further fair housing, (Title VIII of the Civil Rights Act of 1968); and Has adopted (or will adopt) and enforce a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and has adopted (or will adopt) and implement a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within its jurisdiction, in accordance with Section 104(1) of the Title I of the Housing and Community development Act of 1974, as amended; and Will provide, upon request, and prior to any obligation of funds being made, a complete and accurate CDBG Federal Funds Disclosure Report detailing the required applicant / grantee information, and as appropriate other government assistance provided or applied for, interested parties and expected sources, and uses of funds. Whatcom County designates Pete Kremen, County Executive, as the authorized Chief Administrative Official and authorized representative to act in all official matters in connection with this application and Whatcom County's participation in the Washington State CDBG Program. APPROVED this day of ATTEST: Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy ecutor Page 2 , 2007. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair 194 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM To: Whatcom County Council From: Dewey Desler Subject: CDBG Grant Application AGO M Co sP GyA � 14S IN Go�� Members Public Hearing Request East Whatcom Regional Resource Center Date: October 12, 2007 Pete Kremen County Executive The annual open application period for the State Community Development Block Grant program is fast approaching. It is our intention to submit an application to the Washington State Department of Community, Trade & Economic Development for a General Purposes grant in the amount of $1-million. Once again, this grant will be applied to the capital costs of the East Whatcom Regional Resource Center project. The grant application requirements state that the applicant county must conduct a preliminary public hearing in order to receive testimony on the project and the possible uses of the grant funding within the community. We have submitted a Resolution which requires your authorization for the County Executive to sign and submit the grant application to the State. A community meeting has been scheduled at the Kendall Elementary School at 7:00 p.m. on Thursday, November 8th. This meeting has been set up to discuss the resource center project, our next steps and to provide an opportunity for input from area residents and project stakeholders. Please let me know if you have any questions. 195 Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738-4555 Grant Concept Fact Sheet East Whatcom Regional Resource Center Grant program: Community Development Block Grant (CDBG) General Purpose Grant Program, a state-wide competition using federal CDBG funds Grantor: Washington Department of Community, Trade and Economic Development Maximum grant: Up to $1,000,000 per municipality per application round Grant restrictions: Projects must principally benefit low- to moderate -income (LMI) and special needs populations. LMI is defined by US HUD as annual income at or below 80% of the area median income adjusted for family size. Eligible applicants. Counties and cities that do not receive an annual CDBG allocation from HUD. Nonprofits may propose projects but must apply through an eligible applicant. CDBG application Applications must be submitted by November 15, 2007, if authorized by a process:. County Council Resolution to be adopted after a Public Hearing. Grant awards will be announced in early 2008. Proposed project: Construction of the East Whatcom Regional Resource Center, Project Overview: The East Whatcom Regional Resource Center would provide economic development, family support and health services to a fast growing, but geographically isolated area. This proposed project will revitalize a high poverty area of the county. It is the County's highest priority for coordinated technical and financial assistance focused on community development, economic diversification, and job creation/retention. Economic development, health and social service agencies are committed to providing expanded services for people in the area if the facility is created, including sharing the operating costs of the facility . These agencies have been inhibited by the lack of local facilities available from which to work. Upon completion, agencies are committed to funding the services: • Economic and workforce development: Small business technical assistance, English as a second language (ESL), adult basic education and GED, job skills training ■ Vital services for healthy families: Early childhood learning and child care, parenting, health and dental care, energy assistance ■ Potential agency partners: The Opportunity Council, Northwest Workforce Development Council, Interfaith Community Health Center, Head Start, Mount Baker School District, Whatcom Literacy Council, Whatcom Community College and Bellingham Technical College, St. Joseph Hospital, Foothills Food Bank, SBA Small Business Development Center, County Sheriff and others ■ Benefits to the community: Healthy families, education and workforce opportunities leading to reduced poverty, crime, substance abuse and other negative outcomes. Families and the community at -large benefits from reduced and avoided costs. For more information, call: Dewey Dessler, Whatcom County Deputy Administrator, (360) 676-6717, or Paul Schissler, community development planner (360) 671-5100 196 luommnnity ueveiopment OlOCK urant Local Government Division Introduction The Washington State Community Development Block Grant (CDBG) Program For More Information provides funds on a competitive basis for housing, infrastructure, and community facilities, economic development, and planning projects that principally benefit Peter McMillin low- and moderate -income (LMI) households. Managing Director 360.725.3005 The Washington State CDBG Program is funded by the U.S. Department of peterm(@cted.wa.pov Housing and Urban Development (HUD). The purpose of the state CDBG Program is to improve and maintain the environment of eligible, non -entitlement Clare Billings cities and counties in order to enhance the quality of life for LMI residents and, CDBG Program Manager as a result, benefit the entire community. 360.725.3017 clareb&cted.wa.gov Funds Available Sheila Lee -Johnston For 2008 it is anticipated that approximately $15 million in federal funds will be CDBG Project Manager awarded to Washington State. It is proposed that funds be distributed as 360.725.3009 follows: sheilal(@cted.wa.Qov ■ General Purpose Grant $ 12,000,000 Bill Prentice Contact: Bill Prentice CDBG Project Manager Annual grant cycle during which eligible applicants may request up to $1,000,000 360.@ per application for housing, infrastructure, community facilities, or economic billp(a�cted.15 cted.wa.Qov developmentlmicroenterprise projects principally benefiting LMI persons. The Julie Baker application due date for the 2008 grant cycle is November 15, 2007, with awards CDBG Project Manager announced early March 2008. 360.725.3010 iulieb @cted.wa.Qov Planning -Only Grants $ 250,000 Contact: Sheila Lee -Johnston Kaaren Roe Provides funds to eligible communities for a wide range of planning activities CDBG Project Manager that will principally benefit low- and moderate -income persons. Grants of up 360.725.3018 to $35,000 for a single jurisdiction or $50,000 for multi -jurisdictions are kaarenrta7.cted.wa.Qov available based on type of project. Diane Norton Imminent Threat Grant $ 200,000 CDBG Program Coordinator Contact: Bill Prentice 360.725.3022 Provides funds to address unique emergencies posing a serious and immediate dianenna.cled.wa.gov threat to public health and safety on a funds availability basis. Upon formal Declaration of Emergency, costs can be covered for a temporary repair or solution while funding for a permanent fix is secured. 2008 CDBG General Purpose Grant Application 42 September 2007 197 Note: Amounts shown nronosed for 2008 Program Year httD://www.cted.wa.aov/cdba Housing Enhancement Grant $ 950,000 Contact: Clare Billings Companion funds to support priority applications submitted to the Washington State Housing Trust Fund. Public Services Grant $ 1,543,484 Contact: Kaaren Roe Grants made available through counties to community action agencies serving non - entitlement areas for activities serving LMI people. Funding provided by formula and administration coordinated with the state Community Services Block Grant Program. CDBG Loan Portfolio $16,000,000 Contact: Clare Billings Provides eligible jurisdictions with short-term loans for economic development/job creation or community development interim construction financing on CDBG-eligible activities that meet a HUD National Objective. Applications may be submitted anytime after the 2008 Action Plan is adopted. • Float Loan - Economic Development/Job Creation • Float Loan - Interim Construction Financing • Rural Washington Loan Fund • HUD Section 108 Guarantee Loans HUD National Objectives CDBG project activities must meet one of three HUD National Objectives: • Principally benefits low -and moderate -income persons • Aids in the prevention or elimination of slums or blight • Addresses imminent threat to public health or safety CDBG Eligibility Guidelines ■ Eligible applicants are Washington State cities and towns with less than 50,000 in population or counties with less than 200,000 in population that are non -entitlement jurisdictions and are not participants in a HUD Urban County Entitlement Consortium. ■ Non-profit organizations, Indian tribes, public housing authorities, port districts, community action agencies, and economic development councils, are not eligible to apply directly to the CDBG Program for funding, but may be partners in projects and subrecipients of funding through eligible jurisdictions. Applicants may submit one request per fund each program year 2008 CDBG General Purpose Grant Application 43 September 2007 198 Note: Amounts shown proposed for 2008 Program Year http:llwww.cted.wa.gov/odba PUBLIC HEARING HANDOUT Federal Citizen Participation Requirements for Local Government Applicants to the State CDBG Program Federal Regulations 24 CFR 570.486 (a) (a) Citizen participation requirements of a unit of general local government. Each unit of general local government shall meet the following requirements as required by the state at Sec. 91.115(e) of this title. (1) Provide for and encourage citizen participation, particularly by low and moderate income persons who reside in slum or blighted areas and areas in which CDBG funds are proposed to be used; (2) Ensure that citizens will be given reasonable and timely access to local meetings, information, and records relating to the unit of local government's proposed and actual use of CDBG funds; (3) Furnish citizens information, including but not limited to: (i) The amount of CDBG funds expected to be made available for the current fiscal year (including the grant and anticipated program income); (ii) The range of activities that may be undertaken with the CDBG funds; (iii) The estimated amount of the CDBG funds proposed to be used for activities that will meet the national objective of benefit to low and moderate income persons; and (iv) The proposed CDBG activities likely to result in displacement and the unit of general local government's anti -displacement and relocation plans required under Sec. 570.488. (4) Provide technical assistance to groups representative of persons of low and moderate income that request assistance in developing proposals in accordance with the procedures developed by the state. Such assistance need not include providing funds to such groups; (5) Provide for a minimum of two public hearings, each at a different stage of the program, for the purpose of obtaining citizens' views and responding to proposals and questions. Together the hearings must cover community development and housing needs, development of proposed activities and a review of program performance. The public hearings to cover community development and housing needs must be held before submission of an application to the state. There must be reasonable notice of the hearings and they must be hold at times and locations convenient to potential or actual beneficiaries, with accommodations for the handicapped. Public hearings shall be conducted in a manner to meet the needs of non-English speaking residents where a significant number of non-English speaking residents can reasonably be expected to participate; (6) Provide citizens with reasonable advance notice of, and opportunity to comment on, proposed activities in an application to the state and, for grants already made, activities which are proposed to be added, deleted or substantially changed from the unit of general local government's application to the state. Substantially changed means changes made in terms of purpose, scope, location or beneficiaries as defined by criteria established by the state. (7) Provide citizens the address, phone number, and times for submitting complaints and grievances, and provide timely written answers to written complaints and grievances, within 15 working days where practicable. 2008 CDBG General Purpose Grant Application 44 September 2007 199 SAMPLE GRIEVANCE PROCEDURE N��TE This gnevance procedur>e as iritentled to serve as: a guide anci should be revised. to reflect local:circumstances,and.to.ancorporate any applicableatate or local laws. „ 1. Submit complaints in writing to the designated official (such as the city manager, city/county clerk, or county executive) for resolution. A record of the complaints and action taken will be maintained. A decision by the designated official will be rendered within 15 working days. 2. if the complaint cannot be resolved to your satisfaction by the designated official, It will be forwarded to a committee appointed by the governing body. This committee's membership, its ground rules or procedures for hearing complaints, and how the committee can be contacted will be available to the public. The committee will be directed to hear such complaints in an objective, public manner, and after adequate public notice. A written decision will be made within 30 working days. Proceedings of the committee will be recorded and maintained. No • The complaint will be heard and discussed by the governing, elected body at an open, public meeting. A written decision will be made within 30 working days. The decision of the governing body is final. 3. A record of action taken on each complaint will be maintained as a part of the records or minutes at each level of the grievance process. Adopted this Attest: day of Signature of Chief Administrative Official Title ,200 2008 CDBG General Purpose Grant Application 45 September 2007 200 WHATCOM CO LINTY CO UNCIL A GENDA BILL NO. 2007--425 CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: Originator- SM 10/10/07 r �: ( a �� i" a•� /' ;- ' -`- u 11 ��- 1 1 6 2007 COUNTY 10123107 Introduction Division Head: 11/07107 Public Hearing t. De Head: I/O IL .L� � Prosecula: f U enWHATCOM Purchasin /Bud et: COUNCIL Executive: R-10-t&-07 TITLE OFDOCUMENT Community Development Block Grant Closeout — Opportunity Council's Housing Rehabilitation Project ATTACHMENTS: Opportunity Council's Summary Project Report SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: November 7, 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) Whatcom County received a CDBG Housing Rehabilitation Grant from the State of Washington's Department of Community, Trade & Economic Development in the amount of $500,000. This grant was passed through by Subrecipient Agreement to the Opportunity Council in support of their housing rehabilitation and repair program for homeowners with incomes less than 50% of the area median income in Island, San Juan and Whatcom Counties. The project is now nearing completion. (See attached project report). A final public hearing is requested in accordance with the grant requirements and in order to receive community input on this grant -funded project. A Final Grant Closeout Report and Final Budget must be completed and submitted to CTED before year end, and the County Executive respectfully requests Council's authorization to sign and submit the Report. Recommended Legal Notice Language: Whatcom County received a CDBG Housing Rehabilitation Grant from the State of Washington's Department of Community, Trade & Economic Development in the amount of $500,000. This grant was utilized for the Opportunity Council's Housing Rehabilitation and Repair Program for the benefit of homeowners with incomes less than 50% of the area median income in Island, San Juan and Whatcom Counties.. The project is now nearing completion, and a final public hearing is scheduled for November 7, 2007 in order to invite community input on the completion of this grant -funded project. COMMITTEE ACTION. COUNCIL A CTION: 10/23/2007: Introduced Related County Contract 71#: d File Numbers: Ordinance or Resolution �t� Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing an the Coun 's website at: www.co.wliatcoin.jva.uslcoiiiicil. 201 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM �GOM CO �P 4yA �.. Z. �QSNi x�'��? To: Whatcom County Council Members From: Dewey Desler Subject: Opportunity C ncil's CDBG Grant -Final Public Hearing Date: October 12, 2007 Pete Kremen County Executive In 2005, Whatcom County accepted a block grant in the amount of $500,000 from the Washington State Department of Community, Trade and Economic Development. We entered into a Subrecipient Agreement with the Opportunity Council, who utilized these funds to support their Housing Rehabilitation Program. This is a direct benefit to low income households in Whatcom, Island and San Juan counties. The project is in its final phase and the funds are nearly all expended. The grant contract requires that we conduct a final public hearing in order to receive testimony on the results of this project. Attached for your review is the Opportunity Council's report on the project outcomes. If you have any questions, please don't hesitate to contact me. 202 Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738-4555 COMMUNITY DEVELOPMENT BLOCK GRANT TO WHATCOM COUNTY FOR A HOUSING REPAIR AND REHABILITATION PROJECT Information for Public Hearing to be held on 11 /07/07 A $500,000 grant was received by Whatcom County to be used for housing repairs and rehabilitation in Whatcom, Island and San Juan Counties. This grant -funded program was managed and operated by the Opportunity Council. Work started in 2005 and all funds will be expended by December, 2007. 64 households were served: 47 in Whatcom County 15 in Island County 2 in San Juan County 46 households received emergency repairs, at an average cost of $1,700 each, for an approximate total of $79,000*. 21 households received major repairs and rehabilitation, averaging $17,000 each, for an approximate total of $365,000*. (3 households received both emergency and major repair assistance.) * Costs are not yet finalized, as there are several jobs still in progress. $56,000 (11%) was spent on administration. $192,000 in revolving, deferred -payment loans were made. These funds, when repaid, will be used for future repair and rehabilitation activities. The following are examples of repair projects undertaken: 1) A senior citizen with a fixed income of less than $1,000 per month living in a mobile home. The unit had a leaky roof, unsafe landing and stairs, and aluminum windows that were condensating to the point of rotting out sills. Owner had fallen on the stairs at least once. A new roof was installed, which allowed for the roof to be insulated; new landing, stairs and handrail were installed; new windows were installed. This mobile home should be serviceable for at least another 15 to 20 years, access is much safer and more energy - efficient due to the added roof insulation. 2) A family of four, with two children, and one adult in college. Finances were very tight as a result of the college costs and lack of a second income. There was a leaky roof 203 which had allowed water to get into several wall cavities and start rotting out the framing and sill plate. A new roof was installed, and some siding, wall framing and sill plate were replaced. Had the roof not been replaced at this time, the damage to the wall system would have become much more extensive, and turned into a very costly repair. 3) Family of 7 living in an old farmhouse in the Acme area, with 3 children under the age of 3, with one parent working and making a modest wage. They had a failed septic system that, because of the site requirements, required an expensive, engineered system (almost $20,000). There were also many lead -based paint hazards, which were exposing the young children to lead paint hazards. A new engineered septic system was installed, and the lead hazards were mitigated. The CDBG funds allowed an additional $7,500 in lead hazard mitigation funds to be accessed. Some minor electrical repairs were done, along with a new bathroom floor. 204 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 — 431 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Council 10/30/2007 11/7/2007 Council Division Head: Dept. Head: Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT: Appointment to fill vacancy on Planning Commision District 1 ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICELANGUAGE: (If this item is an ordinance or requires apublic 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.) Vacancy is to fill position held by Jesse Salomon, who resigned. The position is for District 1, filing partial term expiring on 12131/2010. COMMITTEEACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the Coun 's website at: www.co.wltatcom.rva.us/council. 205 PETE KREMEN COUNCILMEMBERS: County �ExecutiveG !' , J sp�: a{_,°ay Barbara E. Brenner j Laurie Caske y-Schreiber Sam Crawford OPT Z 9 2007 Seth M. Fleetwood Dan McShane WF}A. COT COUN -Y L. Ward Nelson Carl Weimer COUNCIL APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: Planning Commission Which position on this board are you applying for if applicable)? District 1 position P Y ( Which Council district do you reside in? ( One ( ) Two ( ) Three Are you a US citizen? (x) yes ( ) no Are you a registered voter? ( x) yes ( ) no Name: April Markiewicz Date: October 29, 2007 Street Address: 235 Milton Street City: Belllingham Zip Code: 98229-6504 Mailing Address (if different from street address), Day Telephone: 360-650-6137 Evening Telephone: 360-734-4498 Fax Number: E-mail address: apriljm@comcast.net Occupation (If retired, please indicate former occupation): Assistant Director/Toxicologist II Professional/Community Activities: Lake Whatcom Watershed Advisory Board, Mayor's Neighborhood Advisory Committee (MNAC), Whatcom County Health Dept. On -site Septic System Subcommittee, Whatcom Charter Review Commission, Samish Neighborhood Assoc. Board of Directors, Campus/Community Coalition, People for Lake Whatcom WWU Professional Staff Organization, Pacific NW Society of Environmental Toxicology & Chemistry, AAAS. Education: M.S. Environmental Toxicology, WWU, B.S. Fisheries & Wildlife, Michigan State University. Qualifications related to position: Member of city/county Urban Fringe Subarea Advisory Committee 2005-06, helped re -write Samish Neighborhood Assoc. Neighborhood Plan and submit it to city Planning Commission 2007, attended Bellingham Planning Academy 2006 as Samish rep on MNAC, worked with Samish residents to identify traffic calming and TIP priorities to submit to city of Bellingham as rep on MNAC, Samish Board of Directors Describe why you are interested in serving on this board or commission: z have a k . nterest whelping my community and the county as a whole as we face continued growth and the c ah llenges it as an will bring. I am alarmed and dismayed at the actions taken by some municipalities that are contributing to sprawl and will eliminate valued lands and natural resources in the county despite mandates of the GMA to infill growth first. As a scientist I would bring to the position the skills to evaluate issues logically, seek solutions that will provide the most long-term benefit(s) to the community in a collaborative manner, and take the lead when needed to make difficult decisions and make unpopular recommendations to the council. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes ( x) no If yes, please explain: I think there might be some interaction between Western Washington University and Whatcom County, however I am not personally involved in that interaction. My salary is paid fully by the state. References (please include name and daytime telephone number): Robin Matthews, Director, WWU Institute for Watershed Studies, 650-3507, Robin.Matthews@wwu.edu, Tim Wynn, Director, WWU Facilities Management, 650-3496, Tim.Wynn@wwu.edu, and Sue Taylor, Wild Bird Garden and Nursery, 671-3891, sl-taylor@comcast.net Signature of applicant: As a candidate to a public board or commission, th-e-above information will be available to the County Council, County Executive, and the public. 206